Coalition Government to act on unlawful pickets and blockades
New move-on laws being brought into Parliament by the Victorian Coalition Government today will give Victoria Police the power to end unlawful union pickets and protester blockades that threaten to shut down businesses.
The Summary Offences and Sentencing Amendment Bill 2013 will expand the existing grounds for which police may issue move-on orders under the Summary Offences Act. Orders will in future be able to be issued where a person:
– is impeding lawful access to premises,
– has committed an offence in the public place,
– is causing others to have a reasonable fear of violence, or
– is endangering safety or engaging in behaviour likely to cause damage to property.
Union-friendly restrictions on the use of move-on powers by police at unlawful pickets and blockades, which were introduced by the former Labor Government, will not apply in these circumstances.
“Every Victorian has the right to protest and express their views. However, when individuals resort to unlawful tactics that threaten the livelihood of law-abiding businesses, employees and their families, they must be held to account,” Attorney-General, Robert Clark, said.
Police will be authorised to order persons to move away from the area where the behaviour is occurring. Failing to comply with a police direction carries a penalty of 5 penalty units (around $720).
Police can require persons who will be given a move-on order to provide their name and address, and can arrest people who contravene a move-on order.
In a further strengthening of the scheme, police will also be authorised to apply to the Magistrates’ Court for an exclusion order where a person has been given repeated move-on orders in the same public place. Exclusion orders can last for up to 12 months. Breach of an exclusion order will carry a penalty of up to two years in jail.
“Police should be able to focus on protecting the community, not having to deal repeatedly with the same individuals at the same unlawful blockades. Exclusion orders will empower the courts to make longer lasting orders to tackle serial law-breakers intent on causing trouble for hard working Victorians and their businesses,” Mr Clark said.
“Daniel Andrews needs to back this important legislation and put the best interests of hard working Victorian families and businesses ahead of the demands of his militant union mates.”