Proposed border breach laws labelled ‘draconian’

Friday July 24, 2020

Published by The Border Watch

MEMBER for Mount Gambier Troy Bell has labelled proposed laws to jail people crossing the South Australian border in breach of COVID-19 restrictions as draconian which provides too much power to the Police Commissioner.

The independent MP said the harsher penalties for individuals who do not adhere to South Australia’s border restrictions were a step too far.

On Tuesday, the State Government announced the proposed changes to state legislation after discussions with the Police Commissioner, who advised the government he hoped adding jail terms as a penalty would act as a deterrent.

Mr Bell told parliament the commissioner had extraordinary powers under the existing laws and he did not believe it was necessary to enshrine in legislation.

He also raised concerns with what he described as the introduction of the bill “in a very rushed way, without proper consultation, without the proper safeguards or the explanations I would require to satisfy myself they are needed”.

“The ability to hold somebody and take away their liberties under the current Emergency Management Act, in my opinion, gives that ability to keep our community safe and act as a deterrent,” Mr Bell said.

“The current act has more than enough ability to forcibly detain a person who does not comply with a direction currently.

“For me, this is a step too far without the proper safeguards or explanations included.”

In response, Attorney-General Vickie Chapman said the provision of the penalty was up to two years and the sentence would be available to the court or magistrate in the event police elect to prosecute.

“It will be a deterrent, as all punishment has an aim to be and it may be the appropriate in some cases,” she said.

“(The Police Commissioner) has progressed a mature approach to the development of what is needed and in what circumstances, taking into account the different prevailing events in other jurisdictions.

“This has been a continuing discussion and development of what is necessary in our jurisdictions and in this state, our coordinator has asked for a number of things.

“He asked for this yesterday and we have obviously done the legwork to make sure that it comes in.”

MEMBER for Mount Gambier Troy Bell has labelled proposed laws to jail people crossing the South Australian border in breach of COVID-19 restrictions as draconian which provides too much power to the Police Commissioner.

The independent MP said the harsher penalties for individuals who do not adhere to South Australia’s border restrictions were a step too far.

On Tuesday, the State Government announced the proposed changes to state legislation after discussions with the Police Commissioner, who advised the government he hoped adding jail terms as a penalty would act as a deterrent.

Mr Bell told parliament the commissioner had extraordinary powers under the existing laws and he did not believe it was necessary to enshrine in legislation.

He also raised concerns with what he described as the introduction of the bill “in a very rushed way, without proper consultation, without the proper safeguards or the explanations I would require to satisfy myself they are needed”.

“The ability to hold somebody and take away their liberties under the current Emergency Management Act, in my opinion, gives that ability to keep our community safe and act as a deterrent,” Mr Bell said.

“The current act has more than enough ability to forcibly detain a person who does not comply with a direction currently.

“For me, this is a step too far without the proper safeguards or explanations included.”

In response, Attorney-General Vickie Chapman said the provision of the penalty was up to two years and the sentence would be available to the court or magistrate in the event police elect to prosecute.

“It will be a deterrent, as all punishment has an aim to be and it may be the appropriate in some cases,” she said.

“(The Police Commissioner) has progressed a mature approach to the development of what is needed and in what circumstances, taking into account the different prevailing events in other jurisdictions.

“This has been a continuing discussion and development of what is necessary in our jurisdictions and in this state, our coordinator has asked for a number of things.

“He asked for this yesterday and we have obviously done the legwork to make sure that it comes in.”