Protesting at special places
Special laws apply to particular geographical areas. Some of them include the following:
1. Inclosed lands (such as Sydney University, etc)
2. Commonwealth and diplomatic buildings
3. Olympic Park
4. Sydney Harbour Foreshore
5. Centennial Park and Moore Park
6. Royal Botanic Gardens and the Domain
Inclosed lands
The Inclosed Lands Protection Act 1901 (NSW) has special protections for hospitals, nursing homes, schools and "inclosed lands."
An inclosed land is "any land, either public or private, inclosed or surrounded by any fence, wall or other erection, or partly by a fence, wall or other erection and partly by a canal or by some natural feature such as a river or cliff by which its boundaries may be known or recognised, including the whole or part of any building or structure and any land occupied or used in connection with the whole or part of any building or structure."
Security guards at Sydney University have frequently referred to this Act when asking (non-Sydney University student) activists to leave Sydney University.
Section 4 provides that "Any person who, without lawful excuse (proof of which lies on the person), enters into inclosed lands without the consent of the owner, occupier or person apparently in charge of those lands, or who remains on those lands after being requested by the owner, occupier or person apparently in charge of those lands to leave those lands" commits and offence punishable by up to a fine of 10 penalty units (depending on the type of area). A penalty unit is $110.
There are separate offences for offensive conduct and remaining after having been asked to leave.
There is a two-month time limit involved in pursuing an offence. Section 9 provides that "All actions and prosecutions against any person for anything done in pursuance of this Act shall be commenced within two months after the fact was committed, and notice in writing of such action and of the cause thereof shall be given to the defendant one month at least before the commencement of the action."
At Sydney University, it seems to be the practice that security guards will instruct people to leave and then ring the police.
Commonwealth buildings
The Public Order (Protection of Persons and Property) Act 1971 (Cth) applies to Federal Courts and Tribunals, the Premises and Personnel of Diplomatic and Special Missions, Consular Posts, Designated Overseas Missions, International Organizations and "Commonwealth premises." Commonwealth premises includes federal government buildings such as the Department of Immigration and Citizenship. It would also apply to the US Consulate in the MLC Building, Martin Place.
It is an offence to trespass on Commonwealth property (maximum penalty, 10 penalty units).
Section 6 provides that it is an offence to take party in an assembly on Commonwealth premises which gives rise to a reasonable apprehension that the assembly will be carried on in a manner involving unlawful physical violence to persons or unlawful damage to property." The maximum penalty is a fine of 20 penalty units (1 unit is $110). Further offences exist in relation to violence against another person, causing actual bodily harm, damage to property, unreasonable obstruction, the use of weapons. The obstruction offence would apply to people standing on a footpath and obstructing the entrance.
A special provision applies to the dispersal of assemblies. Where there is an assembly of 12 or more people whose conduct has caused a Police Sergeant (or higher rank) to reasonably apprehend that the assembly will be carried on in a manner involving unlawful physical violence to persons or unlawful damage to property then the officer can give a "direction."
The “direction” would involve the police officer saying words to the effect that "In pursuance of the Public Order (Protection of Persons and Property) Act of the Commonwealth of Australia, I [name of police officer], being a Sergeant [or higher rank, as the case may be] in the [name of Police Force], direct all persons taking part in this assembly to disperse forthwith. Persons who fail to disperse may render themselves liable to the penalties provided by the Act."
It is not known if this “direction” has been given in Sydney in recent times.
Failing to disperse after 15 minutes is an offence punishable with a maximum of 6 months imprisonment.
Sydney Opera House
Very heavy penalties apply to some offences at the Sydney Opera House.
An amendment was passed to the Sydney Opera House Trust Act at the same time that the Terrorism (Police Powers) Act was introduced to Parliament, following two activists painting ‘No War’ on the main sail of the Sydney Opera.
Severe punishments include a maximum penalty for trespassing at the Sydney Opera House of a fine of $22,000 or 2 years imprisonment, or both.
Trespassing (or attempting to trespass) with intent to cause damage to the Sydney Opera House or seriously disrupt its operations is punishable by 7 years’ imprisonment. There are similarly severe punishments for things such as offensive conduct and offensive language.
More information can be found in the Sydney Opera House Trust Act 1961 (NSW) and the Sydney Opera House Trust By-Law 2005 (NSW).
Sydney Harbour Foreshore area
Extra laws apply to the Sydney Harbour Foreshore Authority area in relation to the legal obligation to provide name and address, being searched, etc. The area is extensive - Circular Quay, Darling Harbour, Mrs Macquarie's Point, large parts of Pyrmont and Ultimo, and areas bordering Rozelle, Balmain East, Lillyfield and Annandale.
The extra laws can be found in the Sydney Harbour Foreshore Authority Act 1988 (NSW) and the Sydney Harbour Foreshore Authority Regulation 2006 (NSW).
A map of the area can be found as a pdf document below.
| sydney_harbour_authority_amend_4.pdf |
Sydney Olympic Park, Centennial Park, Moore Park, Royal Botanic Gardens, The Domain
There are an increasing number of areas which are subject to special laws which could inhibit protest. Of particular concern are laws relating to the Sydney Harbour Foreshore and the vicinity of the Sydney Opera House, as both are prominent areas where people may wish to protest. The Sydney Harbour Foreshore area is very large - from East Balmain to Elizabeth Bay.
The laws for these areas relate to causing annoyance or inconvenience. In some circumstances, it is an offence not to identify yourself if asked or to agree to a search, and there are offences relating to complying with reasonable directions. Advertising, sound equipment, cause alarm, litter,
It is not possible to cover the array of laws relating to these places here.
Laws relating to these areas can be found at:
Sydney Olympic Park Authority Act 2001 (NSW) and Sydney Olympic Park Authority Regulation 2007 (NSW).
Centennial Park and Moore Park Trust Act 1983 (NSW) (NSW) and Centennial Park and Moore Park Trust Regulation 2004 (NSW)
Royal Botanic Gardens and Domain Trust Act 1980 (NSW) and Royal Botanic Gardens and Domain Trust Regulation 2008 (NSW)