Environmentalist Bob Brown has launched a constitutional challenge against Tasmanian legislation that doubled fines and jail terms for repeat “disruptive” protesters.
The former Australian Greens leader has labelled “draconian” the 2014 law that doubled to $100,000 the maximum fine for organisations whose members repeatedly “prevent, hinder or obstruct the carrying out of a business activity”.
Individuals under the changes can be fined up to $10,000 or imprisoned for up to four years.
Announcing a High Court challenge to Tasmania's undemocratic anti-protest laws. Citizens' right to protest must be protected. #politas
— Bob Brown (@BobBrownFndn) March 10, 2016
The bill was targeted at protecting industries the Hodgman government said were “vulnerable to protest action”, including mining, forestry, agriculture and the construction industry.
In a high court writ seen by Guardian Australia, the former senator argues the law is invalid “because it impermissibly burdens the implied freedom of communication on government and political matters contrary to the Commonwealth constitution”.
The original anti-protest laws flagged by the Hodgman government would have introduced mandatory jail terms and fines for protesters, but were dialled back after criticism, including from the United Nations, which warned the “shocking” measures would have a “chilling effect” on free speech.
Brown was among a group arrested in the state’s Lapoinya Forest in January for protesting against logging in the area.
The area is designated forestry land and has been selectively logged before but last year Forestry Tasmania announced a plan to clear-fell 49 hectares.
Brown is due to appear in the Hobart magistrate’s court on Friday.
