Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1697641758141.pdf (Australia)
Hon Rick Mazza MLC submission Criminal Code Amendment (Agricultural Protection) Bill 2019 [Provisions] July 2019 Committee Secretary Senate Legal and Constitutional Affairs Committee PO Box 6100 Parliament House Canberra ACT 2600 To whom it may concern, As a member of the Legislative Council for the Agricultural Region in Western Australia representing the Shooters, Fishers and Farmers Party I tender my response to the proposed amendments: I support the premise of the Bill in providing new offences for the incitement of trespass, property damage or theft on agricultural land.
Animal activism has increased in recent times, most disturbingly with the Aussie Farms website which lists the addresses of Australian primary producers.

Something needs to be done to dissuade this behaviour.

The great majority of Australian primary producers treat their animals with care and respect.

Keeping vegan activists off properties does not signal the industry has something to hide, but rather private property rights and biosecurity requirements need to be respected.
Penalties for trespass, property damage and theft The Bill aims to criminalise the use of a carriage service (the internet) with the intention of inciting another person to trespass to commit other property offences on agricultural land.

This largely duplicates existing legislation that criminalises using a carriage service to incite a crime.
However, the penalty of five years jail for damaging property or theft is nonetheless welcome, and the penalty of 12 months jail for trespassing and fines of $12,600 is a step in the right direction.

Vegan activists have shown to be committed to their cause, with some describing their crusade as following in the footsteps of Martin Luther King Jr.

They view themselves as morally just liberators rather than criminals.
A shirt worn during the mass trespass of a Queensland property read: ‘one has a moral responsibility to disobey unjust laws’.

Because of this mindset, heavy fines are needed as a deterrent to make vegan activists Office I, 1139 Hay Street West Perth WA 6005 Phone: 08 9481 6070 (Freecall 1800 781 900) Fax: 08 9481 6071 Email: rick.mazza@mp.wa.gov.au Criminal Code Amendment (Agricultural Protection) Bill 2019 [Provisions]Submission 41 think twice before engaging in farm trespass.
Starting August 1, New South Wales will have the potential to fine up to $220,000 for individuals and $400,000 for groups and corporations.

On the spot fines of $1000 will be given.

This is a very strong message to send farm trespassers as the fines will be the harshest penalties in the country.

Currently, financial penalties being handed down by courts are not adequate, with crowdfunding efforts making fines largely irrelevant and not a burden on an individual.
A future legislative measure could make social media and/or crowdfunding efforts illegal as a payment method for court imposed fines placed on an individual.

Protections for journalists and whistleblowers I do not oppose the exemption for journalists and whistle-blowers to expose animal cruelty, as the welfare of animals and the right to a free press is paramount.
I also respect the right for people to protest in a peaceful manner, as long as it does not encroach upon the privacy and rights of another individual.

The online trolling of Australian farmer social media pages was reported in The West Australian’s July 22, 2019 article ‘In fear of meatheads’.

The article includes calls for the Federal Government to make sure legislation better protects the sector from online abuse.
If at all possible I echo those calls, and also encourage the Government to engage social media companies about the behaviour of their users.

The fact social media organisations operate offshore could be an impediment to curtailing activist co-ordination, or the online trolling of farmers.

It is murky territory because while I do not like online harassment, efforts to reduce it could infringe on the free speech of all other decent minded Australians who use social media.
Conclusion The Bill is a step in the right direction as it sends the message to trespassers their behaviour is unacceptable and will be punished with financial penalties and jail time.

I believe substantial fines are the way forward in addressing this behaviour.

I also believe crowdfunding should be addressed in future legislation to ensure an individual trespasser bears the financial brunt themselves.
We must keep in mind that when people trespass onto private property they are not following in the steps of Martin Luther King Jr.

They are only breaking the law and harassing law abiding citizens going about their daily business!

The proposed amendments have my support.

Yours sincerely, The Hon Rick Mazza MLC.


Office I, 1139 Hay Street West Perth WA 6005 Phone: 08 9481 6070 (Freecall 1800 781 900) Fax: 08 9481 6071 Email: rick.mazza@mp.wa.gov.au Criminal Code Amendment (Agricultural Protection) Bill 2019 [Provisions]Submission 41 Office I, 1139 Hay Street West Perth WA 6005 Phone: 08 9481 6070 (Freecall 1800 781 900) Fax: 08 9481 6071 Email: rick.mazza@mp.wa.gov.au Criminal Code Amendment (Agricultural Protection) Bill 2019 [Provisions]Submission 41