Page 3231 - Week 10 - Thursday, 25 September 2014
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Prohibiting the conduct is the minimum restriction on freedom of expression necessary in order to ensure that people attending events are safe and that events remain low risk. In this way, through this amendment, the bill balances the right to freedom of expression with the right to liberty and security of the person and responds to comments made by the scrutiny of bills committee in its report No 22.
Turning to amendments 13, 14 and 15, these amendments provide a new example of the term “about to enter” for the purposes of clause 16 of the bill, provide a new example of the term “about to enter” for the purposes of clause 17 and also for clause 18.
These amendments provide examples in relation to clauses 16 to 18 of the bill. Clauses 16 to 18 provide that an authorised person or police officer may ask to search a person or, in the case of a police officer, require a search in certain circumstances, including where a person is “about to enter” a venue. The amendments provide clarity for the term “about to enter” for authorised people, police officers and people attending an event so that it is clear when certain searches can and cannot be requested or performed.
In relation to amendment 16, this provides that a police officer may conduct a scanning search, an ordinary search, or a frisk search under clauses 17 or 18 of the bill only if the officer is the same sex as the person being searched or, where this is not practicable, another person of the same sex, or a sex nominated by the person to be searched, is present while the search is conducted.
The amendment also provides that after conducting a frisk search a police officer must make a written record of the search and must include certain details in the record. It further provides that a police officer conducting a search must not detain a person for longer than is reasonably necessary to conduct a search of the person. It further provides that, if a person expresses a wish to be searched in a less public place and it is practicable to do so, a police officer searching the person must take the person to a less public place to conduct the search.
It further restricts the power of police to search a person at a major event or important sporting event and provides consistency with similar powers in the Crimes Act and it also addresses comments made by the scrutiny of bills committee.
Amendment 17 provides that a police officer may request, rather than require, a person entering or about to enter an event venue to state the person’s name and home address. The amendment supports a person’s right to privacy, as they have a choice about whether to provide personal details to police, and further addresses the comments made by the scrutiny of bills committee.
Amendment 18 provides two new examples of the term “about to enter”, similar to the amendments I have already canvassed in relation to amendments 13 to 15.
In relation to amendment 19, this provides that, where a police officer has requested a person entering or about to enter an event venue to state their name and home address,
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