WA protest crackdown: Police given powers to strip protestors of hate symbols and masks in new ban

WA Police will be get powers to unmask “intimidating” protestors under new laws to go before State Parliament this week. Following a review of WA’s hate crime and protest measures, after December’s terror attack at Bondi Beach, the Cook Government has decided to strengthen police powers. Under a new Public Order Legislation Amendment Bill, police can reject applications for protests they believe likely to promote hate towards people based on their race, religion, ethnicity, gender, sexuality, religion or disability. Face coverings “that cause fear” will be banned, likewise, the display symbols of terrorist organisations such as ISIS or Hezbollah” — not just at protests, but in public places. Burkas worn for religious purposes will continue to be allowed. With nazi hate symbols and the nazi salute already an offence in WA, the Bill will outlaw public displays of symbols of all organisations currently outlawed under Commonwealth legislation, including the display of Hamas and Islamic State flags, as well as the Hezbollah emblem. The new rules will also apply to juveniles over the age of criminal responsibility, which is 10. It will also become an offence to knowingly provide false and misleading information to police in an application for a protest. “The terrorist attack at Bondi Beach in December was horrific and has left Western Australians shocked and saddened,” Mr Cook said. “My Government is committed to building safe and inclusive communities through effective law reform. “We have already proven that through our tough hate-speech penalties and ban on nazi symbols and salutes. “The right to protest is fundamental, and peaceful assemblies will continue to be supported, including those from registered labour organisations. What is being targeted is behaviour that crosses the line into violence, harassment or intimidation.” There will be a maximum of 12 months imprisonment and a fine of $12,000 for a “face covering that intimidates”. There will also be up to five years’ imprisonment, or up to two years’ imprisonment with a $24,000 fine for displaying a symbol of an organisation outlawed under Commonwealth legislation, including flags from terrorist organisations. The penalties also apply to graffiti. Attorney-General Tony Buti said there was no place in WA for extremist symbols that promote hatred or violence. “Our focus is simple: prevent harm, reduce intimidation and protect social cohesion in WA,” Dr Buti said. “That is why we are banning the public display of prohibited hate organisation symbols, as defined in Commonwealth legislation. “The law banning people displaying nazi symbols, or performing nazi salutes, will be amended to cover not only adults but also juveniles above the age of criminal responsibility. There is no place for symbols of hatred in our community.” The new Bill adds to ‘post and boast” legislation already before State Parliament, which targets crime influencers who boast about their offences on social media. Following the Bondi terror attack, which saw 15 people murdered at a Chanukah by the Sea event, the Albanese Government increased penalties for hate-crime offences, introduced new penalties for preachers and leaders who advocate or threaten violence, and introduced a new framework to enable organisations which commit hate crimes to be listed as prohibited hate groups.. Police Minister Reece Whitby said the new face-covering ban would give officers extra powers to respond to threatening and intimidating behaviour during protests. There were face-covering exemptions for health, occupational safety, religious, cultural or artistic purposes. “This is aimed at individuals who wear balaclavas or other face coverings intended to intimidate others,” Mr Whitby said. “The WA community has long practised peaceful protests and assemblies. We haven’t seen the type of aggression and violence ... that we have seen on the east coast. “WA Police work closely with the organisers of protests and assemblies to ensure that they are able to exercise their constitutional rights, in a safe and responsible manner.”