Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

Today, in the High Court of Australia, the radical and extremist antiprotest laws that were brought in by the Will Hodgman government in Tasmania were ruled, in large part, to be unconstitutional. That is because they unreasonably burdened the implied right to political communication that is enshrined in the Constitution of this country.

The High Court decision today, handed down earlier this morning, is a humiliating defeat for the forces within the Liberal Party, the radicals and the extremists within the Liberal Party, who seek to silence freedom of political expression in this country. Make no mistake, the overriding intent behind this legislation was to stop conservationists being able to express their political opinions in Australia. The legislation contained absolutely draconian provisions, including mandatory imprisonment for people who were engaged in peaceful protest designed to allow themselves to express political opinion.

Of course, what happened was Will Hodgman, after years and years in the political wilderness in Tasmania, was elected to government in 2014 and at his first taste of power failed the true test of leadership. Because he was drunk on power after so long in opposition, and no doubt egged on by Tasmania's most radical, extremist senator, Senator Eric Abetz, he moved forward with the draconian, extremist provisions of the Workplaces (Protection from Protesters) Act 2014 that were struck down by the High Court this morning. An inexperienced premier egged on by Senator Eric Abetz, the most radical, extremist senator that currently represents Tasmania, had a rush of blood. He was drunk on power at his very first taste and he put in place laws specifically designed to stop people peacefully protesting and expressing their political convictions in this country.

It is a great day for this country that certain provisions of this legislation have been struck down by the High Court today, and it is a humiliating defeat for Will Hodgman, for Eric Abetz and for everyone else who supported or voted for this obnoxious piece of legislation. It's worth pointing out that the Tasmanian government was warned at length that certain parts of these laws were clearly unconstitutional because they were a burden on the right of the Australian people to express themselves politically and they were clearly and manifestly disproportionate to the aim of the legislation.

I want to quote from Will Hodgman's minister at the time, Mr Harris, in response to observations that I made to him in the Tasmanian parliament. He said, 'We are confident of our legal position.' Well, egg on the face of Will Hodgman's minister there. Confident of his legal position? Not as it turns out. Later on, Mr Harris said to me and to the Tasmanian parliament, 'The bill protects the right to free speech.' No, it doesn't; no, it didn't—and so the High Court have effectively found today.

We have this situation now thanks to a former senator in this place, Dr Bob Brown, who for the umpteenth time in his public life in this country demonstrated that, above any other politician in my experience, he has the courage of his convictions. He got arrested in the Lapoinya forest protesting—