People attending a recent training workshop to oppose the kunanyi/Mt Wellington cable car could have been caught up under proposed changes to the state's anti-protest laws, one submission on the draft bill suggests.
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The warning from Community Legal Centres Tasmania came among a number of submissions seen by The Examiner which were critical of the draft bill, including from Unions Tasmania and a constitutional law expert.
Draft changes to the existing law were released in January after the High Court deemed elements of it unconstitutional in a 2016 challenge by former Australian Greens leader Bob Brown - one of only nine people ever charged under the act.
The consultation period closed at the weekend.
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In the CLCT submission, policy officer Benedict Bartl wrote the peak body was "strongly opposed" to the bill, suggesting it be scrapped and existing penalties increased if the government intended to provide greater protections to businesses.
The Act is unnecessary with existing legislation already providing sufficient scope to punish illegal protest, Mr Bartl wrote.
He also pointed to the High Court decision and concern raised by the United Nations special rapporteur on the situation of human rights defenders as examples of the previous act infringing Australia's human rights obligations.
If the government did intend to introduce amendments, a number of changes were recommended to reduce the "chilling" effect some clauses would have on people voicing their concerns.
These included clauses relating to thoroughfare obstruction, police direction and another to situations where disruptive action is merely threatened - referencing the recent cable car training exercise.
"The retention of clause 7 in the Bill would mean that persons organising the training and even attending the training could be charged," Mr Bartl wrote.
In their submission, Unions Tasmania criticised the draft legislation as too broad in both scope and focus given the 2014 bill was largely targeted at protecting the forestry industry.
Their submission welcomed there had been some effort to exclude legitimate union activity, though this was deemed insufficient.
"A union rally or a peaceful demonstration could potentially fall afoul of this legislation," union secretary Jessica Munday wrote in the submission.
"Collective action is the way many positive changes have been achieved in our country. Such actions are important mechanisms in a representative democracy for people to have their voice heard."
Ms Munday in particular pointed to instances where workers may cease work to meet and address or discuss safety concerns - action that is not protected under the Fair Work Act - as "just one example" where the draft laws could capture the activity of union members.
More on proposed changes to the state's anti-protest laws
In another submission, constitutional law expert Dr Brendan Gogarty noted the draft bill correctly removed the protest-heavy focus of the original, though should be dropped due to its ineffective nature and "erosion of fundamental constitutional and civil rights".
"Most notably the bill is not yet in a form that allows for proper or meaningful public consultation," Dr Gogarty wrote. "I strongly urge the extension of the deadline on this consultation and the release of more meaningful explanatory materials and legal advice to inform public comment."
Responding to questions from The Examiner, Building and Construction Minister Sarah Courtney said she would not comment on individual submissions but noted the government looked forward to considering the feedback provided ahead of a final bill being put to parliament later in the year.
"We make no apologies for standing up for Tasmanians rights to go about their lawful business and earn a living," Ms Courtney said.
"Every Tasmanian should have the right to go about their lawful work without the threat of being intentionally shut down and their business harmed. Weve twice taken this policy to elections and received the support of Tasmanians."
"The Government committed to amend the Workplaces (Protection from Protesters) Act 2014 at the last election, in light of the High Court of Australias concerns regarding the implied right to freedom of political communication, while retaining the overall purpose of the Act to ensure businesses and workers are not unlawfully disrupted."
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