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Posted: 2024-12-17 06:54:34

The Victorian government has announced plans to increase police powers around protests in a bid to curb anti-Semitism and other forms of extremism.

It follows a suspected terror attack on a Melbourne synagogue, with the government now moving to protect religious worship in the state.

As part of the measures, police will be given greater powers when dealing with protesters, including an increased ability to search for certain items and enforce a total ban on face coverings.

The proposed legislation is yet to be finalised and must pass through parliament before becoming law.

Here's what we know so far.

What is changing?

The government will implement a mask ban at public demonstrations in Victoria.

Currently, if a protester refuses to remove their face mask, Victorian police can only ask the protester to leave the area.

Police must reasonably believe that the person is wearing the face covering primarily to conceal their identity or to protect themselves from the effects of crowd-controlling substances.

The proposed laws would give police the power to force a protester to remove their face mask or face arrest.

Minister for Police Anthony Carbines said face coverings were increasingly used by people who wished to hide their identity while committing violence.

"Those who seek to embolden bad behaviour, who seek to be anonymous to threaten and intimidate Victorians will be held to account," he said.

"If they're not removed, you can be arrested and charged."

Mr Carbines said exemptions would be made for legitimate health, religious or cultural reasons.

Police in riot gear stand behind officres pushing back crowds of protesters in the middle of a street.

The government says it will target the use of face masks at protests. (AAP: Joel Carrett)

Police will also be granted greater powers to seize "attachment devices" — things such as glue, rope, chains and locks used by protesters to secure themselves to the site of a protest.

A number of incidents involving protesters gluing or attaching themselves to public spaces made headlines in 2024, including a climate protest atop a truck on the West Gate Bridge.

In September, a protester was arrested and charged after using concrete to secure herself to the boot of a car in the middle of a protest.

Under the proposed laws, police will be given the power to stop and search people or their vehicles if they suspect they have a dangerous attachment device, and then seize any found devices.

Protesters on top of a truck

Several protesters have forcibly attached themselves to objects in public spaces as a disruption tactic. (ABC News)

Mr Carbines said under the current law, police had to return such attachment devices to "offenders" if they were found.

"We know that attachment devices that people use put first responders at risk, in both removing offenders and making a situation safe, they disrupt the economy, they disrupt people from going about their lawful activities," he said.

The government will also move to establish "safe access areas" around places of religious worship such as churches, temples, mosques and synagogues.

It comes after recent protests outside synagogues in both Sydney and Melbourne.

A crowd of people walks past Flinders Street Station in Melbourne on a sunny day as part of a protest.

New legislation could limit the areas where Victorians are allowed to protest. ( ABC News: Simon Winter )

The size of the safe zones around religious buildings is yet to be determined, with the government saying it will consult with religious leaders and communities on the matter.

The Victorian government previously established protest-free zones for the forestry industry in 2022, creating "Timber Harvesting Safety Zones" on worksites where any protest activity is penalised.

Finally, state laws will be introduced to ban the flags and symbols of listed terrorist organisations, which the government says will fill gaps in Commonwealth anti-terror legislation.

What is the legal community's reaction?

Barrister Michael Stanton, the previous president of civil liberties organisation Liberty Victoria, said the announcement appeared to be a "kneejerk response".

Mr Stanton said the government had wrongly conflated the recent criminal act at the Adass Israel Synagogue in Ripponlea with peaceful protesting.

"There is simply no link between that and the protest movement that's been occurring for well over a year now," he said.

"To use that really shocking event to try to clamp down on the right to protest is deeply concerning."

Mr Stanton said the nature of protests in Melbourne's CBD, which brought them in close proximity to places such as St Paul's Cathedral, would make the government's legislation "unworkable".

"Banning protest outside of places of worship as a blanket rule can't be reasonable, it can't be proportionate," he said.

"There's a real concern that this may lead to, effectively, a permit system by stealth."

Aerial shot showing Melbourne's Flinders St Station, Federation Square and St Pauls Cathedral

Rallies in Melbourne's CBD often pass by places of worship such as St Paul's Cathedral. (774 ABC Melbourne: Simon Leo Brown)

David Mejia-Canales, a senior lawyer at the Human Rights Law Centre, said the government's plans currently lacked detail and required more scrutiny.

"There are some very real concerns in what has been announced by the premier," he said.

"There are a lot of measures the premier has announced that are going to give the police wideranging and discretionary powers to target and to search anyone attending protests. This will only lead to police abuses against peaceful protesters."

Mr Mejia-Canales said the government needed to ensure any limitations on people's ability to gather peacefully needed to be "lawful, necessary and proportionate to what they're trying to fix".

"And we need to actually make sure that those limitations are precise and that they balance everyone's rights properly," he said.

"I would caution the government that rushed and kneejerk lawmaking will not make anyone safer whatsoever.

"This needs a careful, considered and consultative approach."

What is the reaction from stakeholders?

Convenor of protest group Students for Palestine Jasmine Duff said the proposed law reforms were an attack on the rights of protesters.

"I think it's absolutely appalling that the Victorian government is trying to limit our democratic rights to protest, to crack down on civil liberties right in the middle of a very deeply important anti-war movement," Ms Duff said.

"We're going to keep coming out, we're going to keep demonstrating no matter what laws are introduced by the government."

She said attachment devices such as glue and locks were uncommon at pro-Palestinian protests and described the ban as a political tactic.

In contrast, Anti-Defamation Commission chairman Dvir Abramovich called the reforms a "game changer" that would help protect the Victorian Jewish community.

"We've asked for action and the government has delivered a hammer blow to those thugs who think they can turn synagogues into war zones," he said.

"It's sent a message to those hiding behind masks, your days of hiding are over."

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