The laws, passed in April 2022 after a series of climate protests, meant people could be fined $22,000 or jailed for two years for causing a major facility to be closed or if someone using the area had to be redirected.

Key points:

  • The case centred on legislation brought in after a series of climate-related protests in 2022
  • They introduced penalties of up to $22,000 and two years in prison for damaging or disrupting major facilities
  • Justice Michael Walton found part of the laws “burdens the implied freedom of political communication”
  • AutoTL;DR@lemmings.worldBEnglish
    2·
    10 months ago

    This is the best summary I could come up with:

    A court has ruled parts of controversial protest laws introduced by the NSW parliament last year are “invalid” after a legal challenge by two “knitting nannas”.

    The laws, passed in April 2022 after a series of climate protests, meant people could be fined $22,000 or jailed for two years for causing damage or disruption to a major facility, main roads or highways.

    Helen Kvelde and Dominique Jacobs, members of activist group the Knitting Nannas, launched a challenge in the NSW Supreme Court through the Environmental Defenders Office in October 2022.

    They argued section 214A of the Crimes Act 1900 and clause 48A(1) of the Roads Regulation 2018 were “unconstitutional as they impermissibly burden the implied freedom of political communication of the NSW community”.

    Under the legislation, the laws applied when a person remained “near” major facilities, which the Knitting Nannas argued could impact on protests held close to areas such as a train station or Martin Place.

    On Wednesday, Justice Michael Walton found that the amendment to the Crimes Act had the effect of deterring protests by imposing a “broad prohibition on such activities”.

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