Question
Please read the below made up statute and explain why the act is abiguous. Specifically, the defintion of hostile, confrontational nature, oppressive atmosphere and any
Please read the below made up statute and explain why the act is abiguous. Specifically, the defintion of hostile, "confrontational nature", "oppressive atmosphere" and any other ambiguity. Please answer with respect to the principle of legality (Australian law). Evans v NSW and Coco v Queen
Statute
Division III: Clamping Down on Direct Action Protest
Section 23: Object of this Division
The objects of this division are:
- To address the disruption caused by performative protests[RG1]which beset[RG2]the ordinary functioning of government or corporate entities.
- Preserve [RG3]robust, respectful protest aimed at promoting awareness of the impacts of climate change.
Section 24: Hostile Protest Activity: Definition
(1) Hostile protest[RG4]activity refers to protests and related activity which due to its confrontational nature[RG5] results in or is likely to create serious disruption to lawful activities, access to sites and efficient operations.
(2) For the avoidance of doubt, any protest which deliberately blockades or creates an oppressive atmosphere outside private business premises is intended to be covered by subsection (1).[RG6]
25. Consequential orders and penalties
(1)Engaging in conduct prohibited under section 24 may result in an apprehended breach order[RG7]being made against the person.
(2)An apprehended breach order may prescribe time limited movement restrictions on an individual to ensure they do not disrupt the businesses or sectors targeted by the original protest.
(3)A failure to comply with an apprehended breach order results in a civil penalty of $5,000, and an extension of the order for an additional year.
(4)Where an individual who breaches section 24 is on social security, the Deputy Secretary of the Department may order a review of their mutual obligations. This will review any evidence that:
- Whether the individual has been properly carrying out their mutual obligations to search and make themselves available for work.
- Whether the person has been refusing legitimate job offers on an improper basis.[1]
[1] Just in case one thinks this would never happen!: Peter Dutton suggests climate protesters should lose welfare | news.com.au Australia's leading news site
[RG1]A performative protest is a type of protest where the actions and behaviors of the protesters are intended to convey a symbolic message or make a statement rather than directly achieving a specific practical outcome.
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