The Tasmanian government is trying to pass anti-protest laws. No, not Russia or North Korea. Tasmania.

In the immortal words of John McEnroe, you cannot be serious.

The laws would criminalise protest activity that interferes with access to a business premises, damages business property, or threatens workers' safety. Individual fines of up to $50k and corporate fines of up to $250k can follow. Oh, and there would be mandatory jail time for repeat offenders. Proposed amendments would limit the offence to protests specifically targeting mining, forestry, agriculture, construction and manufacturing industries. So environmentalists, look out.

Apparently the idea is to keep workplaces safe and protect the sacrosanct right to work. But existing laws like trespass and nuisance do that already. And why do those named industries deserve protection more than others? If someone enters private property without permission, damages it or threatens you, you can legitimately call the cops. If they don't enter your property and don't damage your stuff or threaten your safety, then what exactly is your beef?

Frankly, it's terrifying that the Tasmanian government will so brazenly seek to gag political and environmental protest. It gives a pretty clear impression that the government sits very comfortably in the pockets of those industries that the bill would protect. We've seen House of Cards; we know how this stuff works.

Politics aside, there's going to be a big legal problem if the bill passes. It's ripe for Constitutional challenge on the basis that it unreasonably burdens the implied freedom of political communication. A lot of laws get challenged on this basis and few are struck down. We reckon this one might be an exception.

If challenged, the court would consider the extent of the burden on the freedom of political communication and whether the law is appropriately adapted to achieve its purpose. Arguing that these laws are necessary to ensure workplace safety and an unlegislated right to work is going to be a tough sell. Our money's with the greenies on this one.

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