The Hon. Peter Malinauskas, Premier of South Australia, The Hon. Kyam Maher, Attorney-General of South Australia, Joint Media Release, 31 May 2023
The State Government welcomes the passage through the Parliament’s Upper House of a bill to toughen the available penalties for people who intentionally obstruct public places.
The Legislative Council passed the Summary Offences (Obstruction of Public Places) Bill. The bill increases the potential penalty for public obstruction from a $750 fine to a maximum of $50,000 or three months in prison.
The move to increase penalties was prompted by an escalating pattern of behaviour on behalf of some Extinction Rebellion activists, who caused mass disruption in the Adelaide CBD through dangerous actions.
The bill makes no amendment to South Australia’s Public Assemblies Act, which governs the right to protest in South Australia.
Under that legislation which has been in place for 51 years, any person participating in a public assembly enjoys immunity from criminal or civil liability, provided they do so in accordance with an approved proposal under the Act.
The Government supported three amendments to the bill, which clarified the language of the legislation without affecting its core aim – to increase the penalty to meet community expectation.
Quotes attributable to Peter Malinauskas
This is a victory for common sense.
The penalties for obstructing a public place had not changed in more than two decades and no longer provide an adequate disincentive to lawbreakers.
We’ve seen Extinction Rebellion activists travel the country with the sole intention of breaking the law, then crowdfunding to pay their fines.
This legislation protects the rights of protesters, while also protecting the rights of other citizens who wish to go about their lives without being unfairly inconvenienced.
Quotes attributable to Kyam Maher
These laws strike the right balance between the right of assembly, and the interests of other South Australians who use our public spaces, roads and bridges.
I am pleased that we have been able to work with the Opposition and cross-bench on the progression of this Bill.
Where protests and other assemblies interfere with and endanger the safe movement of citizens in our public spaces, this Government will act to ensure that penalty provisions are in line with community expectations.
