Page 2312 - Week 07 - Thursday, 4 August 2016
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statutory review of the operation of the power as soon as practicable after the end of its second year of operation, with that report of the review to be presented to the Assembly within six months after the day that the review is commenced. This will allow stakeholders to contribute to and review the operation of the power and ensure that it is being used appropriately.
Amendment agreed to.
Proposed new clause 6A agreed to.
Clauses 7 and 8, by leave, taken together and agreed to.
Clause 9.
MR RATTENBURY (Molonglo) (12.07): I will be opposing this clause.
Clause 9 agreed to.
Clause 10.
MR CORBELL (Molonglo—Deputy Chief Minister, Attorney-General, Minister for Health, Minister for Police and Emergency Services and Minister for the Environment and Climate Change) (12.08): I move amendment No 7 circulated in my name [see schedule 1 at page 2386].
Amendment 7 inserts a new provision into the exclusion order powers to exclude certain activities being subject to an exclusion order. This amendment provides that exclusion orders do not apply to a person who is picketing a place of employment or demonstrating or protesting about a particular issue. They also do not apply to a person who is speaking, bearing or otherwise identifying with a banner, placard or sign, or otherwise behaving in a way that is apparently intended to publicise the person’s views about a particular issue.
This is an important amendment. It replicates the provisions in the Crime Prevention Powers Act 1998 which also exempted this type of activity being subject to the exclusion order powers. It gives continuity with the previous move-on powers scheme by providing that a police officer will not be able to issue an exclusion direction where a person is engaged in what can only be characterised as legitimate public conduct. Demonstration and expression of political or philosophical opinion should be protected as part of protection of freedom of expression and also freedom of political activity, and this provision clarifies and maintains the existing protections that exist in the law.
Amendment agreed to.
MR RATTENBURY (Molonglo) (12.10): I move amendment No 1 circulated in my name [see schedule 2 at page 2387].
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