Tuesday, July 15, 2008
NoToPope COALITION WON CONCESSIONS
NSW Premier Morris Iemma said the state government would not appeal today's court decision.
The Federal Court in Sydney took the unprecedented step of partially striking out clause 7.1(b) of the World Youth Day regulations, which made it a criminal offence to annoy pilgrims.
Protesters who refused to cease conduct which was deemed annoying could be fined up to $A5500 (NZ$7000).
Justices Robert French, Catherine Branson and Margaret Stone ruled the clause went beyond the intentions of parliament in passing the enabling legislation.
"We have interpreted the World Youth Day Act on the presumption that it was not the intention of parliament that regulations would be made under the act preventing or interfering with the exercise of the fundamental freedom of free speech," Justice French said.
The clause was declared "invalid to the extent that it seeks to prevent merely annoying conduct", but the remainder of the World Youth Day powers were upheld.
Read it here...