Having heard disquieting things about this legislation, I decided to download a copy and look for myself, and it's as bad as they say. It goes without saying that it won't provide any additional "safety and security" - you just can't do that in a city full of people. It seems to be there for three reasons:
- The usual Security Theatre. Window-dressing that looks like you're "doing something". Arse-covering if something happens.
- Extra powers for the police. An early Christmas present for the loyal Boys in Blue. Queensland coppers love their extra powers and, even though the powers are for a limited duration, they'll be sure to make full use of them while they last.
- Last, and certainly not least, to criminalise any form of protest against the summit. Section 18 of the legislation purports to allow for "lawful assembly", however § 18 (1) (c) states that if two or more people violate any of the sections of the act (and, as we will see, this can pretty much be guaranteed), the protest immediately becomes illegal. Moreover, much of the legislation can be used to harass and intimidate people pretty much at will.
§ 33 (1) give the blanket permission: "A police officer may enter and search any premises in a restricted area without a warrant."
§ 27 (3) gives police officers the power to conduct a frisk search of a person of a different sex if "a police officer of the same sex is not immediately [my emphasis] available". I don't see how that one could be abused.
They can of course use detection dogs, and are apparently protected from liability under § 35 (a) (ii) if this dog "physically intrudes onto a person or the clothing of a person" or "causes damage to a thing" that "may [my emphasis] have had in it or on it, a weapon or explosive". Despite the diplomatic wording, I can't see how this can be interpreted as anything other than permission to monster people with dogs with no comeback.
There is a "prohibited persons list", a blacklist compiled by the commissioner. § 51 (4) says that the commissioner "need not give reasons for the commissioner’s decision to retain a person’s name on the prohibited persons list", even if this defies "any rule of natural justice to the contrary".
To me, a blacklist is a perversion of justice. A person can be denied their rights at whim without being guilty of anything.
Persons on the blacklist will be prevented from entering the area for the duration of the conference. If they live within that area they will not be allowed to live in their own homes but will be forced to find accommodation elsewhere. Truly! The state has to pay "the cost of reasonable accommodation", but no other compensation, to the innocent person being thrown out of their own home.
But when we get to Schedule 6: Prohibited Items, the law goes from outrageous to outright ludicrous.
Let us have a look at some of the items that are prohibited within the city of Brisbane.
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| "3 (h) handcuffs" [Source] |
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| "3 (i) a whip" [Source] |
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"14 a thing capable of disguising or concealing the
identity of a person including camouflage paint or
cream, a mask or a balaclava, but not including
headwear, worn by a member of a religious group, of
a type customarily worn by members of the group"
[Source] |
I have a feeling that some of the G20 leaders themselves might be at risk here.
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| "3 (m) glass bottles or jars" [Source] |
The humble jar of Vegemite; now banned! Is nothing sacred?
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| "3 (n) metal cans or tins" [Source] |
I hate spam as much as anyone, but I wouldn't go so far as to classify it as dangerous in the physical sense.
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| "3 (o) projectiles, including, for example, stones, ball bearings or eggs" |
This one was no doubt spurred by the "eggpocalypse" which occurred during the recent Scottish independence referendum; A politician got egged and it was hyped up by the British media as if it was the worst crime since the holocaust, and maybe even more newsworthy than Julia Gillard losing her shoe (difficult though that is to believe).
But then the real agenda starts to show through:
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| "4 a placard or banner to which a timber, metal or plastic pole is attached or a banner more than 100cm high by 200cm wide" |
Shush! It's not meant to be that obvious! You're meant to at least pretend it's all about the dreaded terrorists, and not about quashing legitimate protest.
Or are the terrorists going to smother people with their over-sized banners?
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"11 a communication device, other than a mobile phone or other
telephone, capable of being used to organise activity designed to disrupt any part of the G20 meeting, including, for example, a two-way radio or a loud hailer, whether powered or not" |
...or announce their presence using megaphones?
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| "13 (j) a thing capable of being used to construct a stage, platform, tripod or tower or a structure similar to a stage, platform, tripod or tower, other than a camera tripod" |
...or exhibit themselves on a stage?
But now they've got their real reasons out of the way, time for a bit of weirdness.
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| "15 a manually operated surf ski or surfboard, kayak, boat or canoe" [Source] |
I have visions of insurgents, spear-guns ["3 (d) a spear gun"] at the ready, powering down the foetid swamp that is the Brisbane River on their surfboards, crying out "Cowabunga, you capitalist pig-dogs!"
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"8 a reptile, insect or other animal capable of causing
physical harm if released in close proximity to a person"
[Source] |
Someone had some fun coming up with these.
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| "16 a floatation device" [Source] |
Seriously, I'm not making these up.
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| "17 a kite or other device suspended by airflow and controlled by a string or cord attached to it" [Source] |
Truly...
But they didn't mention plastic oral thermometers with teddy-bear heads on them! Or did they?
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| "21 any other thing prescribed under a regulation" |
This one seems to cover anything they want (note the use of "prescribed" rather than "proscribed").
So everyone, please take care when passing through Checkpoint Campbell this coming week.
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