In late June this year the NSW Government passed the APEC
Meeting (Police Powers) Act for the APEC event. Under the legislation, which
was opposed only by Greens members, police have the power to stop and search
individuals and restrict access for “excluded persons” in designated APEC zones
in the city without the need to inform these excluded people, or the public,
who is excluded.
A presumption against bail applies for those who assault
police, throw missiles at them or cause malicious damage, and those caught in
the restricted area with items like spray cans and poles can be incarcerated
for 6 months to 2 years.
According to parliamentary debate, NSW members were mindful
of the need to circumvent protestor violence observed at the G20 held in Melbourne in November
last year, and the potential for a terrorist attack. APEC will be attended by
21 high profile leaders of its member states including the United States, Russia,
China, Japan and Indonesia.
Shadow NSW Minister for Police Michael Gallacher told the
SSH that the Act is necessary to provide police and protestors with an
understanding of where the “line in the sand” resides.
“Uncertainty allows protestors to potentially exploit the
situation,” said Gallacher. “The legislation drives home the message to those
who wish to use this event to create a scene, purely for worldwide TV media,
that their actions won’t be tolerated.”
Greens member Dr John
Kaye believes the Act is more about intimidating protestors than ensuring
safety for the public.
“This legislation is focused on creating a climate of
intimidation against those who would seek to express dissent against decisions
made by both the Australian Government and governments of other nations,” said
Dr Kaye in parliament. “If we undermine free dissent we undermine democracy.”
President of the NSW Council for Civil Liberties, Cameron
Murphy, said he was appalled by the legislation. “There is no precedent in Australia for
the exclusive list, let alone the Western world,” said Murphy. “Someone can be
charged for an offence without knowing they have committed one, because they
didn’t know they were on the list.”
Rev. Dorothy McRae-McMahon remembers being “harassed and
spied on” by ASIO in the days of the Vietnam War but said, “Those experiences
are nothing compared to the way our liberties have been undermined today, all
in the name of fighting terrorism.”
Rev. Andrew Collis
points out that there is a real danger the Act could erode the relationship
between police and the public. “When that trust breaks down, anger and The
homeless should be front of mind according to Rev. Graham Long. “I am concerned
the people who live on the streets of Sydney
will find themselves moved along and possibly arrested for merely existing,” he
said.
Mr Murphy told the SSH he was sceptical about the
longer-term risks associated with the Act, in particular the potential for it
to become permanent legislation.
“I have seen it before with the National Crimes Authority in
1983 and with the more recent terrorism powers. Both had sunset clauses and
both were extended, eventually becoming permanent pieces of legislation,” said
Murphy.
Mr Gallacher said in response any extension of the Act’s
sunset clause would require an amendment by resolution. This means at least 4
non-ALP members would have to agree with all ALP members to extend the Act.
APEC meetings begin on 2 September with the 2-day APEC
leaders meeting to commence Saturday 8 September, one day after the designated
public holiday on the Friday.
Photo: Revs Graham Long, Dorothy McRae-McMahon and Andrew Collis Photo: Ali Blogg
Source: South Sydney Herald July 2007 http://www.southsydneyherald.com.au/