The Public Order Legislation Amendment Bill will be introduced on the first day of the parliamentary year. Photo: Visit Perth.
Western Australia’s Government has reformed its public order legislation in response to the Bondi Beach terror attack.
New laws from the Cook Government would give WA police the ability to refuse a permit to a planned protest if it is likely to promote hate based on factors such as religion, disability, race, gender, sexuality or ethnicity.
The government said the Public Order Legislation Amendment Bill would protect the right to lawful assembly while also cracking down on behaviour that could be described as harassment, intimidation or violence.
It is the first among the government’s priorities for the new year, as the bill is scheduled for introduction on 17 February, the first parliamentary sitting of the year.
Western Australia has the toughest hate speech penalties in the Commonwealth, and these new laws will strengthen police powers to further pursue those who endanger community safety, according to the government.
“My government is committed to building safe and inclusive communities through effective law reforms,” Premier Roger Cook said.
“Giving WA police the powers to protect Western Australians from hate-fuelled protests in our streets is central to that commitment and ensuring social cohesion.”
The bill is clear that public safety is the prime factor that police must consider when reviewing applications for protests or demonstrations.
Two years ago, Western Australia introduced a ban on Nazi symbols, and the new bill extends the ban to symbols of all organisations outlawed under Commonwealth law, including flags from prescribed terrorist organisations.
Similar legislation has been introduced in Queensland. This will also apply to juveniles displaying such symbols.
In addition, face coverings worn in public to intimidate others or cause apprehension will be banned. There will be exemptions for health, religious, occupational safety, artistic or cultural reasons.
It will also become an offence to provide false or misleading information in a protest application knowingly.
WA’s existing right to appeal permit rejections to the State Administrative Tribunal will remain.
“Demonstrations by groups such as neo-Nazis, which promote divisiveness and hate, must never be acceptable and police should have the power to refuse them,” Attorney-General Dr Tony Buti said.
“This government wants to ensure the right to peacefully protest is protected, in line with democratic principles and Australia’s constitution, and this legislation strikes the right balance.”
