The Law Handbook 2024

Chapter 11.4: Community activism 1051 Penalties and compensation orders reflect the damage alleged to have occurred. The prosecution should provide evidence (e.g. statements or quotes) of repair costs if they seek a restitution order. Safe access zones The Victorian Parliament has introduced ‘safe access zones’. To ensure privacy and safe access to premises within these zones (i.e. premises at which abortions are provided), certain behaviour is prohibited within these zones (s 185D Public Health and Wellbeing Act 2008 (Vic)). Prohibited behaviour includes: communicating by any means in relation to abor- tions in a manner that is able to be seen or heard by a person accessing, seeking to access or leaving a premises at which abortions are provided and is reasonably likely to cause distress and anxiety. Breaching the safe access zone legislation is an offence carrying a maximum penalty of 12 months in jail or a fine of 120 pu. The High Court has recently ruled that the safe access zone legislation is not constitutionally invalid – even though it prohibits certain behaviour, including ‘communication’. In other words, this law does not impermissibly burden the freedom of political communication that is implied in the Australian Constitution. (See Clubb v Edwards; Preston v Avery [2019] HCA 11, 10 April 2019.) Graffiti In Victoria it is an offence to mark publicly visible graffiti without first receiving the consent of the property owner (s 5 Graffiti Prevention Act 2007 (Vic) (‘ GP Act ’)). It is also an offence to mark publicly visible graffiti that is offensive, even with consent (s 6 GP Act); however, section 6 provides an exception for reasonable political comment. The maximum penalty for breaching sections 5 or 6 of the GP Act is two years in jail. Under section 7 of the GP Act, it is an offence to possess a graffiti implement with the intention of using it to breach sections 5 or 6. The maximum penalty for possession of such an implement is 25 pu. Leafletting It is an offence to deposit advertising material anywhere but in amailbox (s 45L Environment Protection Act 1970 (Vic) (‘ EP Act ’)), including on a vehicle (s 45N). It is not an offence to deposit material that has a ‘political purpose’ into mailboxes labelled with ‘no junk mail’ or ‘no advertising material’ (s 45M(1) (b)). POSTERING There are other laws, including local council laws, relevant to damage to property, graffiti and postering. It is an offence to post placards, bills, stickers or other documents, or to write, paint on or deface virtually any structure, including such things as trees and gates, without the consent of the owner (s 45(O) EP Act; s 10 SO Act). It is up to the defendant to prove that they had the owner’s consent. The maximum penalty under the SO Act is 15 pu or three months in jail, although a fine of below $500 is more likely. Under the EP Act, the maximum penalty is 10 pu. In addition to a fine, the defendant can be ordered to pay clean-up costs. Other possible offences Burglary Burglary is the offence of trespassing on property with criminal intent. This could apply to protestors who enter private property with the deliberate intention of damaging it. The penalty is up to 10 years in jail. Assault There are a number of different charges of assault, each with a different penalty range, depending on how the assault occurred, whether a weapon was used, and what injuries were caused. Offences relating to forest operations In addition to the offences outlined above (under ‘Common charges associated with protests’), there is a range of criminal offences that can be used against people protesting in forests. Legislation, including the Safety on Public Land Act 2004 (Vic) (‘ SPL Act ’) and the Sustainable Forests (Timber) Act 2004 (Vic) (‘ SFT Act ’), contribute an array of offences, virtually identical in character to existing offences under the Conservation, Forests and Lands Act 1987 (Vic), the Forests Act 1958 (Vic) and the Land Act 1958 (Vic). The SPL Act empowers the Secretary of the VictorianGovernment Department of Environment,