Australia: Property of the Catholic Church
thou shalt not annoy on Youth Day
Causing a stir .... Pope Benedict XVI.
EXTRAORDINARY new powers will allow police to arrest and fine people for "causing annoyance" to World Youth Day participants and permit partial strip searches at hundreds of Sydney sites, beginning today.
The laws, which operate until the end of July, have the potential to make a crime of wearing a T-shirt with a message on it, undertaking a Chaser-style stunt, handing out condoms at protests, riding a skateboard or even playing music, critics say.
Police and volunteers from the State Emergency Service and Rural Fire Service will be able to direct people to cease engaging in conduct that "causes annoyance or inconvenience to participants in a World Youth Day event".
People who fail to comply will be subject to a $5500 fine.
The president of the NSW Bar Association, Anna Katzmann, SC, described the regulations as "unnecessary and repugnant".
The Greens MP Lee Rhiannon said if someone exposed themselves in public, they faced a fine of only $1100 or six months' jail under the Summary Offences Act.
"So if someone flashes a WYD participant they will face a $1100 penalty but if they wear an anti-Catholic T-shirt they could face a $5500 penalty," she said.
A police source said causing an "annoyance or inconvenience" was a highly subjective offence. A police lawyer would define it in layman's terms for operational use by officers.
Civil libertarians said they had never seen anything like the new powers and believed they are more extreme and broader in scope than those used during last year's APEC summit and the 2000 Sydney Olympics.
But the State Government said "World Youth Day is a happy and positive celebration of youth" and "no additional or 'APEC-like' police powers have been granted under the World Youth Day regulations".
The Catholic Church denied it had called for such powers.
The regulations were quietly gazetted by the Deputy Premier, John Watkins, on Friday afternoon and apply to more than 40 city locations, including museums, galleries and cinemas, as well as Darling Harbour, the Opera House, the Harbour Bridge, Randwick Racecourse and parklands.
More than 500 schools across Sydney and 35 train and bus stations have also been listed as "declared areas". People entering them will be subject to vehicle and baggage searches that require them to remove jackets, gloves, shoes and headwear if requested. "Reasonable force may be used to effect the person's exclusion" if they do not permit the search, the regulations stipulate.
The Government's World Youth Day spokeswoman, Kristina Keneally, said "bag checks are a sensible safety precaution which any young person who is going to a major event in Australia … would expect". Everyone had the right to protest so long as it was "peaceful and lawful".
The president of the NSW Council of Civil Liberties, Cameron Murphy, said the broad meaning of "causes annoyance" had the potential to encompass any activity. "This sort of amendment is extreme, unnecessary and is likely to escalate conflict when officers issue directions," he said. "People are going to be unaware that they have the power to do this and will find themselves in court facing an enormous fine."
Ms Katzmann said: "The mere presence in the vicinity of a person wearing the apparel or insignia of another religion might be annoying or inconvenient to a participant in a World Youth Day event."
Ms Rhiannon said the regulations were about "shutting down protests and quarantining the Pope and visiting Catholics away from messages World Youth Day authorities don't approve of".
