The overwhelming majority of rallies and marches in Sydney occur without incident. However, there are special powers which NSW police have in order to deal with what they perceive as public disorder.
Cronulla riot laws
Special laws were introduced to give police extra powers following the Cronulla riots in December 2005.
To our knowledge, the laws have been used twice at political protests, on 13 and 14 July 2008 at the Newcastle Climate Camp. Protest organisers report that they were not advised of the lockdown until the protest had started. Information that the lockdown declaration had been made spread by word of mouth only after police began confiscating belongings owned by the protesters, including banner rods, minutes before the march was to commence. The police used expanded powers to demand the names and addresses of protesters, to conduct searches and to order people to move on. A large number of suburbs were covered by the extra powers, including Hamilton, Wickham, Carrington and Koorangang Island.
Lockdown areas and special police powers
The 'Cronulla riot laws' are to be found in Part VI of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW). The laws give special powers to the police for ‘targeted areas’ to be ‘locked down.’ They are similar to the anti-terrorism provisions of the Terrorism (Police Powers) Act 2002 (NSW).
The special powers apply to the ‘targeted area.’ The targeted area can be the size of Cronulla, Auburn or all of Sydney. During the Newcastle Climate Camp protests in 2008, the areas were (presumably) a few hundred metres square. This has to be presumed, as the police do not have to inform protests the size of the area to which the special powers operate.
Within the targeted area, the special powers allow police to lock down areas by setting up cordons, set up road blocks and to stop cars and pedestrians entering the target area.
People can be stopped from entering or leaving a target area.
Within the target area, police have the legal authority to search persons, including their cars or anything that the person has, without reasonable suspicion. There is also a legal obligation to give your name and address.
Incredibly, an area can be locked down for two days without Court approval.
Anti-bikie laws
The Crimes (Criminal Organisation) Control Act (NSW) became law in April 2009. Widey reported as being the "anti-bikie" laws, there is no restriction on what sort of organisation the Act may apply to. There is fear among some activists that the Act could be used against organisations such as Greenpeace. Although this suggestion seems farfetched, it should be remembered that members of Greenpeace were identified as being a serious threat to security under specially passed APEC legislation in 2007. An application was made in July 2010 for a 'bikie gang' to be banned, with the result unknown at the time of writing.
Major Events Act
Another new law which is now in force is the Major Events Act (NSW). It gives the police extra powers in some circumstances. These laws are similar to the law which were introduced over APEC, thus making many of the APEC laws permanent. The law have not yet been used at a protest.
In practice
At the Newcastle Climate Camp protests in July 2008, the Cronulla Riot laws were authorised because protest organisers were advised of that. However, none of the laws were actually used.
The Cronulla Riot laws allows for increased penalties for some offences in relation to public disorder. The increased penalties are for the offences of assault, assault occasioning actual bodily harm, affray, and riot. There are added provisions in relation to bail and liquor restrictions.
Terrorism and ‘politically motivated violence’
The merging of protest actions with ‘terrorism’ is one that has occurred world-wide, to the concern of those concerned with the freedom to protest.
Counter-terrorism police have been used in the investigation and arrest of political protesters in recent times, including those at the G20 protests in Melbourne.
Criminal Code (Cth)
Under the Criminal Code Division 100.1 a ‘terrorist act’ is defined as an action (or threat) where it is made with the intention of advancing a political cause AND with the intention of coercing (or influencing by intimidation) a section of the public or a government AND it causes physical harm to a person, serious damage to property, creates a serious health and safety risk to the public or seriously interferes with an electronic system.
Despite wording in the section which seems to take ‘advocacy, protest, dissent or industrial action’ out of the definition of a terrorist act, it is clear that political protest can be classified as a terrorist act if it is intended to cause physical harm to a person, serious damage to property, etc.
Terrorism (Police Powers) Act 2002 (NSW)
The Terrorism (Police Powers) Act 2002 (NSW) allows a senior police officer to make an ‘authorisation’ so that police officers are given special powers. Essentially, it allows police officers to ‘lock down’ an area, allowing for people, their homes and workplaces to be cordoned off and searched. Section 13 of the Act says that an ‘authorisation’ of special powers may not be 'challenged, reviewed, quashed or called into question on any grounds whatsoever' before any court or tribunal.
The legislation has a large overlap with the Cronulla riot powers, which was passed after the Terrorism (Police Powers) Act 2002 (NSW)
Defence Act 1903 (Cth)
The Defence Act 1903 (Cth) was amended just before the Sydney Olympics in 2000 to give the federal Government power to call out troops without consulting the States in certain circumstances, such as when there was a likelihood of death, serious injury or serious damage to property. The troops have power under the Act to seize buildings, control means of transport, detain people, search premises, seize possessions and use 'reasonable and necessary force.' Supporters of the Act say that it clarified the existing situation, while opponents said that it gave extra powers to the federal government. The extra powers start at s51.
