New law to ban unpleasant clothing risks absurd outcomes

Civil Liberties Australia today responded with concern to the tabling in Parliament of the Police Offences Amendment (Prohibited Insignia) Bill 2018

“It is a very big step indeed to allow police and parliament to ban the wearing of certain items of clothing,” Richard Griggs, Tasmanian Director of Civil Liberties Australia said.

“Parliament traditionally passes new laws and the police enforce them. It sets our system of law down a very different path if we begin to regulate the badges that people wear on their coats.

“It is disappointing that such an extraordinary new law has been drafted so broadly that the banning of clothing can be done to protect ‘the amenity of the community’. This means the bans could be imposed to maintain the pleasantness of Tasmania which would be an absurd outcome.

“So we have a double whammy of a very large expansion of power for police and parliament combined with a very broadly worded piece of supporting legislation.

“The combined effect of which is a proposed new law that we urge the Tasmanian Parliament to interrogate very carefully,” Mr Griggs concluded.

Civil Liberties Australia will be writing to the Minister for Police to ask the following questions:

– What amendments were made to the bill as a result of the public consultation?
– Will the advice of the Police Commissioner outlining why the ban is necessary, as required under the proposed legislation, be made available to Members of Parliament before they vote on the proposal?
– Will the advice of the Police Commissioner be available to members of the public?
– Will organisations who are subject to the ban be able to appeal the decision or point out errors?
Richard Griggs, Tasmanian Director of Civil Liberties Australia