| JULY 2008 Pages - Page 2 |
| THIS IS PAGE 2 OF JULY 2008 PAGES - JULY0802 |
CONFUSED ???
On 1 July,2008 John Mant wrote a story at crikey.com , Democracy, brought to you by the NSW Shooters Party :
The basic thesis was that as a result of horse trading between the Shooters Party and NSW Labor, the Shooters
Party had been able to extract from the Iemma government agreement to water down the gun laws that were
enacted following the Port Arthur massacre, in return for the Shooters supporting Frank Sartor's bundle of draconian
and anti-democratic planning laws.
The writer went on -
What we didn’t know was that the day before the Bill was to be put to the Upper House, the NSW Cabinet had agreed to support a Bill
introduced by Mr Smith watering down the gun laws passed following Port Arthur. With Mr Smith’s supporting vote the Planning Bills
passed through the Upper House last Wednesday. There were only a couple of minor amendments, with the Coalition opposing it
outright and the Greens moving some 90 unsuccessful amendments.
The payoff to the Shooters came quickly. The next day the guns laws were introduced into the Lower House by the Government and, in
under an hour, were whizzed through just in time for the Winter Recess.
PERHAPS Mr Mant can be forgiven for thinking that the Bill was introduced in Lower House by the government.
After all, the Bill was introduced in Lower House by Peter Draper MP (Tamworth).
Given the nature of Mr Draper's utterances and his very "Labor friendly" attitude, Mr Mant's mistake is understandable.
Whats that old saying ? If it looks like a duck, walks like a duck and quacks like a duck - it probably is a duck.
ETHICAL DISCLOSURE :
Alex Turvey's grandfather was murdered by the use of a firearm (in peace time ). Luckily, it was before Alex was born so he was spared the trauma. However, he was
deprived of the love of a grandfather. For that reason Alex has an ideological opposition to firearms, an ideology he finds impossible to over come with rational thought.
SOURCES :
NSW LA HANSARD , Firearms Amendment Bill 2008 , 26 June 2008.
Peter Draper MP , Draper Introduces Firearms Amendment Bill 2008 To LA , Media release, 26 June 2008.
=================================================================================================================
On 1 July,2008 John Mant wrote a story at crikey.com , Democracy, brought to you by the NSW Shooters Party :
The basic thesis was that as a result of horse trading between the Shooters Party and NSW Labor, the Shooters
Party had been able to extract from the Iemma government agreement to water down the gun laws that were
enacted following the Port Arthur massacre, in return for the Shooters supporting Frank Sartor's bundle of draconian
and anti-democratic planning laws.
The writer went on -
What we didn’t know was that the day before the Bill was to be put to the Upper House, the NSW Cabinet had agreed to support a Bill
introduced by Mr Smith watering down the gun laws passed following Port Arthur. With Mr Smith’s supporting vote the Planning Bills
passed through the Upper House last Wednesday. There were only a couple of minor amendments, with the Coalition opposing it
outright and the Greens moving some 90 unsuccessful amendments.
The payoff to the Shooters came quickly. The next day the guns laws were introduced into the Lower House by the Government and, in
under an hour, were whizzed through just in time for the Winter Recess.
PERHAPS Mr Mant can be forgiven for thinking that the Bill was introduced in Lower House by the government.
After all, the Bill was introduced in Lower House by Peter Draper MP (Tamworth).
Given the nature of Mr Draper's utterances and his very "Labor friendly" attitude, Mr Mant's mistake is understandable.
Whats that old saying ? If it looks like a duck, walks like a duck and quacks like a duck - it probably is a duck.
ETHICAL DISCLOSURE :
Alex Turvey's grandfather was murdered by the use of a firearm (in peace time ). Luckily, it was before Alex was born so he was spared the trauma. However, he was
deprived of the love of a grandfather. For that reason Alex has an ideological opposition to firearms, an ideology he finds impossible to over come with rational thought.
SOURCES :
NSW LA HANSARD , Firearms Amendment Bill 2008 , 26 June 2008.
Peter Draper MP , Draper Introduces Firearms Amendment Bill 2008 To LA , Media release, 26 June 2008.
=================================================================================================================
DEMOCRACY IN ACTION - CHETWYND WALKS AGAIN
Brian Chetwynd of Armidale Dumaresq Council has walked out of another council meeting, a meeting called to discuss NERAM.
This time his excuse for refusing to participate in the democratic process was that the General Manager's report did not contain enough
information.
Is Brian Chetwynd for real ???
SOURCES :
Councillor walks out after mayor 'kept yelling' , Northern Daily Leader, 2 July 2008.
=================================================================================================================
Brian Chetwynd of Armidale Dumaresq Council has walked out of another council meeting, a meeting called to discuss NERAM.
This time his excuse for refusing to participate in the democratic process was that the General Manager's report did not contain enough
information.
Is Brian Chetwynd for real ???
SOURCES :
Councillor walks out after mayor 'kept yelling' , Northern Daily Leader, 2 July 2008.
=================================================================================================================
IEMMA HAS F***ED EVERYTHING - EVEN RUGBY LEAGUE !!!
see :
More blues than tries as Maroons clinch Origin series , Illawarra Mercury, 3 July 2008.
Maroon jersey to hang in Iemma's office , Sydney Morning Herald, 3 July 2008.
Linton Besser , Tcard: here we go again , Sydney Morning Herald, 3 July 2008 .
see :
More blues than tries as Maroons clinch Origin series , Illawarra Mercury, 3 July 2008.
Maroon jersey to hang in Iemma's office , Sydney Morning Herald, 3 July 2008.
Linton Besser , Tcard: here we go again , Sydney Morning Herald, 3 July 2008 .
| DITCH the DITHERER |
=================================================================================================================
TENTERFIELD - A "VERY,VERY" TOWN
Tenterfield must be NSW's Very,Very Town.
According to Lisa Finnerty of the Tenterfield Star newspaper :
- Richard Torbay MP (Northern Tablelands) is "very, very pleased about this project ",and
- Mayor Toby Smith is "very, very pleased with the productivity of the contractors and council operators "
It is impossible to know whether the statements attributed to each of the men was as a result of individual interviews conducted by the journalist
with each of them, or whether the statements are merely a regurgitation of information provided to the journalist by someone else. However, the
language used by each of the men bears a remarkable resemblance.
Perhaps what one would expect in a Very, Very Town.
SOURCES :
Lisa Finnerty, Triple flush , Tenterfield Star, 3 July 2008.
IGUANA TURNS NASTY
Belinda Neal MP (Robertson - NSW federal) called the cops to complain about a breach of her privacy when a
camera crew attempted to interview her.
see : Andrew Clennell, Dylan Welch & Mark Davis , Neal calls for help in nasty Iguanas twist , Sydney Morning Herald ,
3 July 2008.
Belinda Neal shoots straight to the top of our "Do NOT Mess With " List, The Defamer, 2 July 2008.
Samantha Maiden , Belinda Neal calls police, Della Bosca 'hides in toilet' , The Australian , 2 July 2008.
ABC News, Neal agrees to police interview , 2 July 2008.
Belinda Neal agrees to talk to cops about Iguana's , The Australian , 3 July 2008.
Michelle Grattan , Neal agrees to police interview , The Age , 3 July 2008 .
=================================================================================================================
Belinda Neal MP (Robertson - NSW federal) called the cops to complain about a breach of her privacy when a
camera crew attempted to interview her.
see : Andrew Clennell, Dylan Welch & Mark Davis , Neal calls for help in nasty Iguanas twist , Sydney Morning Herald ,
3 July 2008.
Belinda Neal shoots straight to the top of our "Do NOT Mess With " List, The Defamer, 2 July 2008.
Samantha Maiden , Belinda Neal calls police, Della Bosca 'hides in toilet' , The Australian , 2 July 2008.
ABC News, Neal agrees to police interview , 2 July 2008.
Belinda Neal agrees to talk to cops about Iguana's , The Australian , 3 July 2008.
Michelle Grattan , Neal agrees to police interview , The Age , 3 July 2008 .
=================================================================================================================
IEMMA's "FASCIST" GOVERNMENT STRIKES AGAIN
Concerned whether or not we would be committing an offence if we wore our "Ditch the Ditherer" T-shirt during World Youth Day,
following media reports, we wrote to the Premier, the Police Minister, Kristina Keneally MP (Heffron), the Attorney General,
the Police Force and the Crown Solicitors office - and asked whether it would be an offence to do so.
We have received only one reply - from the Crown Solicitors Office (CSO) -
The CSO provides representation and advice to Government Departments only
.You should direct your query to a private legal practice.
Sorry we are unable to help.
A quick ring around of legal firms disclosed a charge rate of $300-$500 per hour. Unable to afford such, we have had to do our own research.
Let's hope we get it right !!!
The World Youth Day Act 2006 provides :
Section 3A - World Youth Day declared areas
(1) For the purposes of this Act, a World Youth Day declared area is any area that is designated to be a World Youth Day declared area by an
order under this section.
(2) The Minister may, by order published in the Gazette, designate any area that the Minister determines is required for hosting a World Youth
Day event, or for the provision of services in relation to a World Youth Day event, to be a declared area for the period (if any) specified in the
order.
Note. The Minister may amend or repeal an order made under this section. See section 43 of the Interpretation Act 1987.
(3) An area is a declared area for the purposes of this Act only for:
(a) the period specified in the order, or
(b) if no period is specified in the order—the World Youth Day period or, if the World Youth Day period has already commenced, the remainder
of that period.
(4) An order under this section may be made before or during the World Youth Day period.
Section 3B - Meaning of “World Youth Day period”
(1) For the purposes of this Act, World Youth Day period means the period:
(a) commencing at the beginning of 1 July 2008, and
(b) ending at the end of 31 July 2008 (or such later day as may be prescribed by the regulations).
(2) A regulation made for the purposes of subsection (1) (b):
(a) may not prescribe a day that is later than 31 December 2008, and
(b) may limit the extension of the World Youth Day period to specified provisions of this Act, and
(c) may be made only before or during the World Youth Day period (or, if the period has been extended under paragraph (a) only in relation to a
specified provision of this Act, during that extended period but only in relation to that specified provision).
Section 55 - Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this
Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can
pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with
under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the
alleged offence.
(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice,
any civil claim, action or proceeding arising out of the same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c) prescribe different amounts of penalties for different offences or classes of offences.
(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed
for the offence by a court.
(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
(9) In this section, authorised officer means a ranger or a police officer.
Section 57 - Proceedings for offences
(1) Proceedings for an offence against a provision of this Act that is to be construed with and as if it formed part of another Act or an instrument
may be dealt with under the other Act or the instrument as if the offence were an offence against a provision of that other Act or instrument.
(2) Proceedings for an offence against a provision of this Act that is not to be construed with and as if it formed part of another Act or an
instrument, or against the regulations may be dealt with summarily before a Local Court or before the Supreme Court in its summary jurisdiction.
(3) If proceedings for an offence to which subsection (2) applies are brought in a Local Court, the maximum penalty that the Court may impose in
respect of the offence is, despite any other provision of this Act, $25,000 or the maximum penalty provided by this Act, whichever is the lesser.
(4) If proceedings for an offence to which subsection (2) applies are brought in the Supreme Court in its summary jurisdiction, the Supreme
Court may impose a penalty not exceeding the maximum penalty provided by this Act in respect of the offence.
Section 58 - Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made for or with respect to the following:
(a) the fees and charges that may be imposed for the purposes of this Act,
(b) regulating the use by the public of, and the conduct of the public on, World Youth Day venues and facilities,
(c) regulating the provision of services by the Authority,
(d) requiring the payment of fares or other charges for the use of any facility operated or service provided by the Authority or a government
agency for the purposes of this Act,
(e) conferring on the Authority any function that may be exercised by a council in relation to a public place,
(f) requiring persons to submit to searches of themselves and their articles, vehicles or vessels (including searches conducted by electronic
detection devices) as a condition of entry to any World Youth Day venue or facility,
(g) excluding persons who refuse to submit to such searches from World Youth Day venues or facilities,
(h) the use of Randwick Racecourse for the purpose of one or more World Youth Day events (within the meaning of Part 9A).
(3) The regulations may create an offence punishable by a maximum penalty of 50 penalty units.
ON 25 June 2008 an Order was made under s.3A designating as a “World Youth Day declared area", amongst others :
Australian Museum, 6 College Street, Sydney NSW 2000
Hyde Park Barracks, Queens Square, Macquarie Street, Sydney NSW 2000
Birrung Gallery, 134 William Street, Potts Point NSW 2011
Customs House, 31 Alfred Street, Circular Quay NSW 2000
St Mary’s Cathedral, corner College Street and St Mary’s Road, Sydney NSW 2000
Pilgrim Walking Route (as shown on the map entitled “World Youth Day – Pilgrimage walking route” prepared by the
Authority and dated 29 May 2008 and deposited in the offi ce of the Authority)
Centennial Park, Centennial Park NSW 2021
Randwick Racecourse as defi ned in section 3 (1) of the World Youth Day Act 2006
Royal Botanic Gardens, Sydney NSW 2000
Royal Agricultural Society Showground, Homebush Bay NSW 2140
The University of Sydney NSW 2006
Art Gallery of New South Wales, Art Gallery Road, The Domain, Sydney NSW 2000
Sydney Harbour Bridge
Hyde Park, between Elizabeth and College Streets, Sydney NSW 2000
The University of Notre Dame Australia (Darlinghurst Campus), 180 Darlinghurst Road, Darlinghurst NSW 2010
Sydney Opera House, Bennelong Point, Sydney NSW 2000
The Sydney Jewish Museum, 148 Darlinghurst Road, Darlinghurst NSW 2010
King Street Gallery on William, 177 William Street, Darlinghurst NSW 2010
Wynyard Railway Station, Barangaroo site, Sydney Opera House, Royal Botanic Gardens, The Domain, Hyde Park,
Central Station, Darling Harbour, Centennial Parklands, Randwick Racecourse and Mary MacKillop Place as
shown on the map entitled “Map of key World Youth Day venues and facilities in and around Sydney City” dated
Monday 23 June 2008 prepared by the Authority and displayed on the Authority’s website
as well as -
* Practically every Catholic school in Sydney
* Practically every Catholic Church in Sydney
* Many state Schools in Sydney
* Many railway stations in Sydney
* Central Station/Railway Square Bus Terminus , Queen Victoria Building/Town Hall Bus Interchange , North Sydney Bus Terminus and Wynyard
Bus Interchange
ON 25 June 2008 the World Youth Day Amendment Regulation 2008 , was gazetted and it amended the World Youth Day Regulation 2008 by
adding a regulation 7 -
Regulation 7 - Control of conduct within World Youth Day declared areas
(1) An authorised person may direct a person within a World Youth Day declared area to cease engaging in conduct that:
(a) is a risk to the safety of the person or others, or
(b) causes annoyance or inconvenience to participants in a World Youth Day event, or
(c) obstructs a World Youth Day event.
(2) A person must not, without reasonable excuse, fail to comply with a direction given to the person under subclause (1).
Maximum penalty: 50 penalty units.
(3) A person is not guilty of an offence under this clause unless it is established that the authorised person warned the person that a failure to
comply with the direction is an offence.
(4) In this clause, authorised person means:
(a) a police officer, or
(b) a member of an SES unit (within the meaning of the State Emergency Service Act 1989) or a member of the NSW Rural Fire Service, but
only if the member is authorised by the Authority in writing for the purposes of this clause.
Note : A breach of regulation 7(2) is a prescribed penalty notice offence - the penalty is $300.
AS RESIDENTS of inner Sydney - it is almost impossible for us to go anywhere without passing through a World Youth Day declared area. The
question for us is whether, by wearing our beloved "Ditch the Ditherer" T-shirts we are committing an offence and liable to pay a penalty of $300 if
given a penalty notice or if the Police elect to take us to Court instead, face a maximum fine of up to $5,500 ?
First - the offence is only committed if a police officer/SES member/RFS member asks us to remove the T-shirt and we then refuse to do so.
However - we are a bit pig-headed when it comes to freedom of speech - so it can be taken we will refuse such a request.
Is our wearing of the Ditch the Ditherer T-shirt conduct that causes annoyance to WYD participants ?
Is it only necessary for the Police to prove it annoyed one WYD participant (irrespective of how unreasonable that annoyance was) ? Perhaps
they would call as their witness Kristina Keneally MP to prove it annoyed one such participant.
OR is it necessary for the Police to prove that it annoyed all participants ? In which case the Police would have to call all 500,000 participants to
swear an oath on the Bible they were annoyed by the T-shirt.
OR is it only necessary for Police to prove the T shirt annoyed the hypothetical "reasonable participant " ? Is the decision
as to whether the T-shirt offended this hypothetical participant - a question to be decided only by the magistrate, based on
his/her view of such hypothetical person - unaided by evidence ?
What is "annoyance " anyway ?
Is it as set out in the MSN Encarta dictionary :. feeling of irritation: feelings of mild anger and impatience ?
Anyway : Bernard Keane wrote an article - WYD organisers: we had nothing to do with"anti-annoyance" laws, at crikey.com on 3 July 2008
and said :
But none of the outrage over the anti-annoyance laws should be directed at the Catholic Church. As WYD spokesman Jim Hanna -- who
is really earning his money -- told Crikey, they’re copping a hiding over this and it’s entirely unjustified.
Neither the WYD organisers nor the Catholic Church asked for these regulations and, as Hanna rightly says, they would’ve been mad to
do so, quite apart from the rights or wrongs of them.
The NSW Government’s chief WYD apologist, Kristina Keneally, defended the regulations in the SMH today, by arguing that they’ve
been repeatedly used at other occasions such as major sporting events.
That’s just the problem. The NSW Government has an appalling record of savagely infringing civil liberties in its quest for law and order
at "special events" (many of which are unwanted by Sydney residents).
........
Last November, they made permanent extraordinary "temporary" police powers to stop, search and seize established in the wake of the
Cronulla riots.
......
These are governments that are afraid of their own people, or significant sections thereof, and see in any expression of legitimate
protest a threat to themselves.
.......
This is a government that tries to manage the media cycle by relentlessly expanding its powers to inconvenience, arrest and imprison
its citizens, in the vain hope that its heavyhandedness will be mistaken for the competence and good judgement it so clearly lacks.
SOURCES :
World Youth Day Act 2006 (NSW)
World Youth Day Regulation 2008 (NSW)
World Youth Day Amendment Regulation 2008. GG No 75 of 25.6.2008, p 5813.
MSN Encarta Dictionary, [online]
Kristina Keneally , Libertarian 'moral panic' aside, it's a happy event , Sydney Morning Herald, 3 July 2008.
Joanne McCarthy , T-shirt may be criminal , Newcastle Herald, 2 July 2008.
Joel Gibson, Jano Gibson & Linda Morris, Protests need our blessing, say police , Sydney Morning Herald, 2 July 2008.
Sian Powell & Michael Pelly , Priest denounces heavy-handed 'annoyance' code , The Australian, 3 July 2008 .
Jano Gibson, Linda Morris & Joel Gibson, Thou shalt not annoy on Youth Day , Sydney Morning Herald, 1 July 2008.
ABC NEWS, Youth Day laws 'undermine basic rights' , 1 July 2008.
ABC NEWS, Sydney-siders face 'unreasonable interference' during World Youth Day , 1 July 2008.
Jano Gibson & Joel Gibson , Volunteers refuse to use new nuisance laws , Sydney Morning Herald, 4 July 2008.
Additional Sources :
Ean Higgins , Anti-Pope campaigners target new laws , The Australian, 3 July 2008.
No To Pope Coalition website.
Connor Montgomery , The pope is wrong -- put a condom on! , Green Left , 21 June 2008.
ABC Radio, Legal experts call WYD rules repugnant , AM Program, 1 July 2008.
ABC Radio, New WYD laws spark trouble in NSW , PM Program , 2 July 2008.
Michelle Cazzulino , Catholics hit back at criticism of World Youth Day , Daily Telegraph, 3 July 2008.
Iain Clacher , $5,500 fine for Anti-Pope T-shirt , SX , 2 July 2008.
Concerned whether or not we would be committing an offence if we wore our "Ditch the Ditherer" T-shirt during World Youth Day,
following media reports, we wrote to the Premier, the Police Minister, Kristina Keneally MP (Heffron), the Attorney General,
the Police Force and the Crown Solicitors office - and asked whether it would be an offence to do so.
We have received only one reply - from the Crown Solicitors Office (CSO) -
The CSO provides representation and advice to Government Departments only
.You should direct your query to a private legal practice.
Sorry we are unable to help.
A quick ring around of legal firms disclosed a charge rate of $300-$500 per hour. Unable to afford such, we have had to do our own research.
Let's hope we get it right !!!
The World Youth Day Act 2006 provides :
Section 3A - World Youth Day declared areas
(1) For the purposes of this Act, a World Youth Day declared area is any area that is designated to be a World Youth Day declared area by an
order under this section.
(2) The Minister may, by order published in the Gazette, designate any area that the Minister determines is required for hosting a World Youth
Day event, or for the provision of services in relation to a World Youth Day event, to be a declared area for the period (if any) specified in the
order.
Note. The Minister may amend or repeal an order made under this section. See section 43 of the Interpretation Act 1987.
(3) An area is a declared area for the purposes of this Act only for:
(a) the period specified in the order, or
(b) if no period is specified in the order—the World Youth Day period or, if the World Youth Day period has already commenced, the remainder
of that period.
(4) An order under this section may be made before or during the World Youth Day period.
Section 3B - Meaning of “World Youth Day period”
(1) For the purposes of this Act, World Youth Day period means the period:
(a) commencing at the beginning of 1 July 2008, and
(b) ending at the end of 31 July 2008 (or such later day as may be prescribed by the regulations).
(2) A regulation made for the purposes of subsection (1) (b):
(a) may not prescribe a day that is later than 31 December 2008, and
(b) may limit the extension of the World Youth Day period to specified provisions of this Act, and
(c) may be made only before or during the World Youth Day period (or, if the period has been extended under paragraph (a) only in relation to a
specified provision of this Act, during that extended period but only in relation to that specified provision).
Section 55 - Penalty notices
(1) An authorised officer may serve a penalty notice on a person if it appears to the officer that the person has committed an offence against this
Act or the regulations, being an offence prescribed by the regulations as a penalty notice offence.
(2) A penalty notice is a notice to the effect that, if the person served does not wish to have the matter determined by a court, the person can
pay, within the time and to the person specified in the notice, the amount of penalty prescribed by the regulations for the offence if dealt with
under this section.
(3) A penalty notice may be served personally or by post.
(4) If the amount of penalty prescribed for an alleged offence is paid under this section, no person is liable to any further proceedings for the
alleged offence.
(5) Payment under this section is not to be regarded as an admission of liability for the purpose of, and does not in any way affect or prejudice,
any civil claim, action or proceeding arising out of the same occurrence.
(6) The regulations may:
(a) prescribe an offence for the purposes of this section by specifying the offence or by referring to the provision creating the offence, and
(b) prescribe the amount of penalty payable for the offence if dealt with under this section, and
(c) prescribe different amounts of penalties for different offences or classes of offences.
(7) The amount of a penalty prescribed under this section for an offence is not to exceed the maximum amount of penalty that could be imposed
for the offence by a court.
(8) This section does not limit the operation of any other provision of, or made under, this or any other Act relating to proceedings that may be
taken in respect of offences.
(9) In this section, authorised officer means a ranger or a police officer.
Section 57 - Proceedings for offences
(1) Proceedings for an offence against a provision of this Act that is to be construed with and as if it formed part of another Act or an instrument
may be dealt with under the other Act or the instrument as if the offence were an offence against a provision of that other Act or instrument.
(2) Proceedings for an offence against a provision of this Act that is not to be construed with and as if it formed part of another Act or an
instrument, or against the regulations may be dealt with summarily before a Local Court or before the Supreme Court in its summary jurisdiction.
(3) If proceedings for an offence to which subsection (2) applies are brought in a Local Court, the maximum penalty that the Court may impose in
respect of the offence is, despite any other provision of this Act, $25,000 or the maximum penalty provided by this Act, whichever is the lesser.
(4) If proceedings for an offence to which subsection (2) applies are brought in the Supreme Court in its summary jurisdiction, the Supreme
Court may impose a penalty not exceeding the maximum penalty provided by this Act in respect of the offence.
Section 58 - Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2) In particular, regulations may be made for or with respect to the following:
(a) the fees and charges that may be imposed for the purposes of this Act,
(b) regulating the use by the public of, and the conduct of the public on, World Youth Day venues and facilities,
(c) regulating the provision of services by the Authority,
(d) requiring the payment of fares or other charges for the use of any facility operated or service provided by the Authority or a government
agency for the purposes of this Act,
(e) conferring on the Authority any function that may be exercised by a council in relation to a public place,
(f) requiring persons to submit to searches of themselves and their articles, vehicles or vessels (including searches conducted by electronic
detection devices) as a condition of entry to any World Youth Day venue or facility,
(g) excluding persons who refuse to submit to such searches from World Youth Day venues or facilities,
(h) the use of Randwick Racecourse for the purpose of one or more World Youth Day events (within the meaning of Part 9A).
(3) The regulations may create an offence punishable by a maximum penalty of 50 penalty units.
ON 25 June 2008 an Order was made under s.3A designating as a “World Youth Day declared area", amongst others :
Australian Museum, 6 College Street, Sydney NSW 2000
Hyde Park Barracks, Queens Square, Macquarie Street, Sydney NSW 2000
Birrung Gallery, 134 William Street, Potts Point NSW 2011
Customs House, 31 Alfred Street, Circular Quay NSW 2000
St Mary’s Cathedral, corner College Street and St Mary’s Road, Sydney NSW 2000
Pilgrim Walking Route (as shown on the map entitled “World Youth Day – Pilgrimage walking route” prepared by the
Authority and dated 29 May 2008 and deposited in the offi ce of the Authority)
Centennial Park, Centennial Park NSW 2021
Randwick Racecourse as defi ned in section 3 (1) of the World Youth Day Act 2006
Royal Botanic Gardens, Sydney NSW 2000
Royal Agricultural Society Showground, Homebush Bay NSW 2140
The University of Sydney NSW 2006
Art Gallery of New South Wales, Art Gallery Road, The Domain, Sydney NSW 2000
Sydney Harbour Bridge
Hyde Park, between Elizabeth and College Streets, Sydney NSW 2000
The University of Notre Dame Australia (Darlinghurst Campus), 180 Darlinghurst Road, Darlinghurst NSW 2010
Sydney Opera House, Bennelong Point, Sydney NSW 2000
The Sydney Jewish Museum, 148 Darlinghurst Road, Darlinghurst NSW 2010
King Street Gallery on William, 177 William Street, Darlinghurst NSW 2010
Wynyard Railway Station, Barangaroo site, Sydney Opera House, Royal Botanic Gardens, The Domain, Hyde Park,
Central Station, Darling Harbour, Centennial Parklands, Randwick Racecourse and Mary MacKillop Place as
shown on the map entitled “Map of key World Youth Day venues and facilities in and around Sydney City” dated
Monday 23 June 2008 prepared by the Authority and displayed on the Authority’s website
as well as -
* Practically every Catholic school in Sydney
* Practically every Catholic Church in Sydney
* Many state Schools in Sydney
* Many railway stations in Sydney
* Central Station/Railway Square Bus Terminus , Queen Victoria Building/Town Hall Bus Interchange , North Sydney Bus Terminus and Wynyard
Bus Interchange
ON 25 June 2008 the World Youth Day Amendment Regulation 2008 , was gazetted and it amended the World Youth Day Regulation 2008 by
adding a regulation 7 -
Regulation 7 - Control of conduct within World Youth Day declared areas
(1) An authorised person may direct a person within a World Youth Day declared area to cease engaging in conduct that:
(a) is a risk to the safety of the person or others, or
(b) causes annoyance or inconvenience to participants in a World Youth Day event, or
(c) obstructs a World Youth Day event.
(2) A person must not, without reasonable excuse, fail to comply with a direction given to the person under subclause (1).
Maximum penalty: 50 penalty units.
(3) A person is not guilty of an offence under this clause unless it is established that the authorised person warned the person that a failure to
comply with the direction is an offence.
(4) In this clause, authorised person means:
(a) a police officer, or
(b) a member of an SES unit (within the meaning of the State Emergency Service Act 1989) or a member of the NSW Rural Fire Service, but
only if the member is authorised by the Authority in writing for the purposes of this clause.
Note : A breach of regulation 7(2) is a prescribed penalty notice offence - the penalty is $300.
AS RESIDENTS of inner Sydney - it is almost impossible for us to go anywhere without passing through a World Youth Day declared area. The
question for us is whether, by wearing our beloved "Ditch the Ditherer" T-shirts we are committing an offence and liable to pay a penalty of $300 if
given a penalty notice or if the Police elect to take us to Court instead, face a maximum fine of up to $5,500 ?
First - the offence is only committed if a police officer/SES member/RFS member asks us to remove the T-shirt and we then refuse to do so.
However - we are a bit pig-headed when it comes to freedom of speech - so it can be taken we will refuse such a request.
Is our wearing of the Ditch the Ditherer T-shirt conduct that causes annoyance to WYD participants ?
Is it only necessary for the Police to prove it annoyed one WYD participant (irrespective of how unreasonable that annoyance was) ? Perhaps
they would call as their witness Kristina Keneally MP to prove it annoyed one such participant.
OR is it necessary for the Police to prove that it annoyed all participants ? In which case the Police would have to call all 500,000 participants to
swear an oath on the Bible they were annoyed by the T-shirt.
OR is it only necessary for Police to prove the T shirt annoyed the hypothetical "reasonable participant " ? Is the decision
as to whether the T-shirt offended this hypothetical participant - a question to be decided only by the magistrate, based on
his/her view of such hypothetical person - unaided by evidence ?
What is "annoyance " anyway ?
Is it as set out in the MSN Encarta dictionary :. feeling of irritation: feelings of mild anger and impatience ?
Anyway : Bernard Keane wrote an article - WYD organisers: we had nothing to do with"anti-annoyance" laws, at crikey.com on 3 July 2008
and said :
But none of the outrage over the anti-annoyance laws should be directed at the Catholic Church. As WYD spokesman Jim Hanna -- who
is really earning his money -- told Crikey, they’re copping a hiding over this and it’s entirely unjustified.
Neither the WYD organisers nor the Catholic Church asked for these regulations and, as Hanna rightly says, they would’ve been mad to
do so, quite apart from the rights or wrongs of them.
The NSW Government’s chief WYD apologist, Kristina Keneally, defended the regulations in the SMH today, by arguing that they’ve
been repeatedly used at other occasions such as major sporting events.
That’s just the problem. The NSW Government has an appalling record of savagely infringing civil liberties in its quest for law and order
at "special events" (many of which are unwanted by Sydney residents).
........
Last November, they made permanent extraordinary "temporary" police powers to stop, search and seize established in the wake of the
Cronulla riots.
......
These are governments that are afraid of their own people, or significant sections thereof, and see in any expression of legitimate
protest a threat to themselves.
.......
This is a government that tries to manage the media cycle by relentlessly expanding its powers to inconvenience, arrest and imprison
its citizens, in the vain hope that its heavyhandedness will be mistaken for the competence and good judgement it so clearly lacks.
SOURCES :
World Youth Day Act 2006 (NSW)
World Youth Day Regulation 2008 (NSW)
World Youth Day Amendment Regulation 2008. GG No 75 of 25.6.2008, p 5813.
MSN Encarta Dictionary, [online]
Kristina Keneally , Libertarian 'moral panic' aside, it's a happy event , Sydney Morning Herald, 3 July 2008.
Joanne McCarthy , T-shirt may be criminal , Newcastle Herald, 2 July 2008.
Joel Gibson, Jano Gibson & Linda Morris, Protests need our blessing, say police , Sydney Morning Herald, 2 July 2008.
Sian Powell & Michael Pelly , Priest denounces heavy-handed 'annoyance' code , The Australian, 3 July 2008 .
Jano Gibson, Linda Morris & Joel Gibson, Thou shalt not annoy on Youth Day , Sydney Morning Herald, 1 July 2008.
ABC NEWS, Youth Day laws 'undermine basic rights' , 1 July 2008.
ABC NEWS, Sydney-siders face 'unreasonable interference' during World Youth Day , 1 July 2008.
Jano Gibson & Joel Gibson , Volunteers refuse to use new nuisance laws , Sydney Morning Herald, 4 July 2008.
Additional Sources :
Ean Higgins , Anti-Pope campaigners target new laws , The Australian, 3 July 2008.
No To Pope Coalition website.
Connor Montgomery , The pope is wrong -- put a condom on! , Green Left , 21 June 2008.
ABC Radio, Legal experts call WYD rules repugnant , AM Program, 1 July 2008.
ABC Radio, New WYD laws spark trouble in NSW , PM Program , 2 July 2008.
Michelle Cazzulino , Catholics hit back at criticism of World Youth Day , Daily Telegraph, 3 July 2008.
Iain Clacher , $5,500 fine for Anti-Pope T-shirt , SX , 2 July 2008.
