Australia news live: court challenge over Melbourne stop-and-search powers continues | Australia news
Victoria police’s stop and search powers under constitutional federal court challenge
Douglas Smith
The deputy commissioner of Victoria Police will be cross-examined in federal court this morning over a constitutional challenge by three activists looking into the legality of declaring Melbourne’s CBD a designated area for four months.
It is the second day of the two-day trial. The constitutional arguments were put forward by lawyers on both sides yesterday and focused on how the implied freedom of political communication could be interpreted by the police; and whether a protester who covers his or her face should be considered a form of “political statement” or whether he or she may be concealing their identity to commit a crime.
Under the declaration initiated from the Controlled Weapons Act, which was repealed four months early on January 9, police, including protective service officers, are allowed to stop and search anyone within a designated area without a warrant.
Police were also able to request that officers remove face masks, regardless of whether they were worn for political or health purposes, such as to protect against the effects of crowd control agents such as pepper spray.
important events
Kristy McBainThe Federal Emergency Services Minister said the rain was “quite extraordinary”. He told RN Breakfast:
What we saw on the Great Ocean Road yesterday afternoon was quite extraordinary and terrifying for the people caught up in it. It rained 170 miles in a six-hour period. This is the highest or 24-hour period since field records began in 2000.
So there was an extraordinary amount of rain falling from the mountains there. There are now emergency centers open in Lorne and Apollo Bay. Frankly, this is still a very dangerous situation and I would urge everyone in the area to listen closely to the advice of the authorities.
Local councilor says flash floods in Victoria are ‘huge shock’
Leon Walker, A Surf Coast Shire councilor spoke to ABC News this morning after hundreds of people were evacuated due to severe flooding along the Wye River in Victoria.
More than 170mm of rain fell on the Lorne region on Victoria’s south-west coast on Thursday, sweeping away vehicles as floodwaters overflowed the area.
Walker said everyone in the area is safe, but it will take time to clear the area.
This was a huge shock, it happened so quickly for Lorne.
Honestly, the amount of rain and water we encountered was surprising. … We’re talking about cars drifting into the sea.
Martin Farrer
Indie band Pulp will perform at Adelaide festival after all
The fallout from the Adelaide festival debacle continues with indie band’s statement released overnight pulp He said they will play at next month’s event.
The British band had initially told organizers they would join a boycott of the event due to the “appalling” blocking of Palestinian Australian academics. Randa Abdülfettah From Adelaide writers week.
At the request of the organizers, the group postponed the boycott announcement while the festival tried to resolve the crisis.
However, after Abdülfettah apologized, the band went on stage again.
Pioneer Jarvis Cocker took to Instagram last night to say he was happy the band was now “ready to perform at the music festival once again.”
“This will be a free concert, open to everyone who respects the freedom for all voices to be heard. It will also be fun.”
Read our full story here:
Good morning, happy Friday. Nick Visser I’m here to take over. Let’s get to the point.
Douglas Smith
More about the stop-and-search hearing in Melbourne.
Counsel for the plaintiffs, Thomas Wood The Human Rights Law Center argued that the statement made by Victoria police was “invalid”.
He said in court yesterday:
The law grants what can only be described as ‘extraordinary powers’ when a declaration is made.
There are two that concern my client’s interests. To search any person without raising any reasonable suspicion and without requiring a search warrant, the only requirement is a warrant provided that the person is within the designated area.
And then there is something we call the authority to cover the face, which is granted by Article 10ka (of the Law).
Lawyer assisting Victorian government in court Sarah Keating The state acknowledged that police requests for people to remove face coverings “may impose a burden on political communication in some cases,” but argued that the “burden is indirect” and not “significant.”
This challenge was started by the Invasion Day community organizer. Tarneen onus browneenvironmental activist Benny Zableand human rights defender, David HackSearched by police in Melbourne CBD on December 7.
Victoria police’s stop and search powers under constitutional federal court challenge
Douglas Smith
The deputy commissioner of Victoria Police will be cross-examined in federal court this morning over a constitutional challenge by three activists looking into the legality of declaring Melbourne’s CBD a designated area for four months.
It is the second day of the two-day trial. The constitutional arguments were put forward by lawyers on both sides yesterday and focused on how the implied freedom of political communication could be interpreted by the police; and whether a protester who covers his or her face should be considered a form of “political statement” or whether he or she may be concealing their identity to commit a crime.
Under the declaration initiated from the Controlled Weapons Act, which was repealed four months early on January 9, police, including protective service officers, are allowed to stop and search anyone within a designated area without a warrant.
Police were also able to request that officers remove face masks, regardless of whether they were worn for political or health purposes, such as to protect against the effects of crowd control agents such as pepper spray.
Welcome
Good morning and welcome to our live news blog. I Martin Farrer to start the day and then Nick Visser He will pick up the news baton.
