Lawyer refutes need for law banning masks in Victoria

Victorian police met on Monday to discuss the possibility of a ban on face masks during protests after violent anti-Islam and anti-racism rally on the weekend.

Anti-islam protesters clash with police

Anti-islam protesters clash with police Source: AAP

Plans to ban face-masks during demonstrations in response to Saturday’s violent clashes are just about politics as there is law already covering this, according to a prominent lawyer.

Victorian law appears to already cover the matter, Prominent defence lawyer Rob Stary said.

Section 49C of Victoria's Summary Offences Act states that a person must not, with unlawful intent, be disguised or have a blackened face or have an article of disguise in his or her possession.

The penalty for breaching this law is up to two years jail.
Mr Stary said the existing legislation should be sufficient if enforced appropriately and he questioned the timing of possible legislation change.

“It's just an attempt in my view to gain crude popular political appeal for something that's just not necessary,” Mr Stary said.

Banning non-religious face-coverings at protests was on the agenda on Monday as Victoria’s Police Minister Lisa Neville met the chief commissioner to discuss fallout from Saturday's violence.

“The intention here is to make sure absolutely that people are unable to wear these sort of face-masks to hide their identity to give them free reign to go out and commit acts of violence,” Ms Neville said.

Protesters from both sides of Saturday's ugly demonstration wore either full or partial face covering.

Anti-Islamic activist Toby Cook said the Party For Freedom, which he represents, forbids the use of masks.

“We ask them to remove it, or if they don't remove it we ask them to leave because it's really just not a good look for the movement - we need to be having our faces out there,” Mr Cook said.

Anti-racism activist Kieran Bennett was also present.

He chooses not to wear a mask while protesting, but said concerns from employers and fear of retribution were among legitimate reasons why some chose to hide their identity.
“In the aftermath they're going about their daily business [and] someone walks up to them and punches them across the face - 'You're that person from that rally' - I understand and appreciate in those circumstances why people might want to maintain a bit of privacy,” Mr Bennett said.

The Victorian Police Association’s Ron Iddles is also concerned over a watering down of the state's 'move-on' laws which he said prevented police from intervening until trouble had started.

“The core responsibility of police is prevention," he said.

"What should have happened on Saturday, if we had the power to 'move-on', was to ask both groups to 'move-on' and if they didn't move on then they committed an offence.”

Police are continuing to review video from Saturday's protest.


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Source: SBS News


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