In Australia lawmaking has become a political act viewed from a partisan Left vs Right perspective. If a Labor politician proposes a bill it is immediately opposed by those on the Right, and vice versa, regardless of its merits. If the Greens propose a bill there is laughter from both sides. If a cross-bencher propose one then it must be time for lunch.
My
libertarian starting point is to oppose the making of a new law because it is a
new law. As each law takes away the freedom of Australian citizens it
should be treated with utmost scepticism. The merits of the law must
pass my free and fair test. Only then can we begin to debate whether
the law is necessary, whether it will be effective, whether it can
be enforced, how much enforcing it will cost the taxpayer and whether
it is something useful to all citizens rather than just the political
tribe of whoever is proposing it.
My
libertarianism is a healthy scepticism of lawmaking as the solution
to society's evils. As society and technology progresses there will
be new laws made and changes to the old ones. But we should not
automatically give away our freedoms to enhance the prestige of our
tribal leaders and those they owe favours to. Nor should they be used
as a weapon against their political opponents or segments of society
against which they hold some prejudice.
Some
laws are just plain evil as discussed in my last post. Some are
ineffectual wastes of our hard earned money. Some laws act as Trojan
horses – they are gifted to us for a benign purpose but will kick
us in the teeth if we don't pay attention.
One
is the Major Sporting Events Act which currently gives the Victorian Police the power to search without giving a reason anyone at and around venues
such as stadiums and racetracks.
Designed
to eliminate potential terrorist threats at major events, the Act
allows police to search you inside or outside the venue – if you
refuse they can kick you out or stop you from going in. Refusing
their directions will cost you $3000. They can also demand to see
your ID and fine you $750 if you don't comply.
Which
might all seems well and good if it will help keep some mad bastard from
blowing up the Melbourne Cup or the AFL Grand Final.
However,
Victoria's
police now want to broaden the scope of this Act to include dance
festivals - so that they can surround the event, search young folks for drugs and bar,
eject and fine those who do not comply. In other words – so they
can shut the damn doofs down.
A
classic Trojan horse scenario - a law is passed to combat terrorists but concealed inside it is the means to
criminalise our young people for doing what young people do for fun these days.
And
while Victorian Police Minister Lisa Neville claims that the proposal
is all about reducing harm at festivals, if they were
serious about harm reduction they would listen to the professionals
and allow pill testing which has proven to be effective all over the
world.
And
where on from there? Well if you can extend the law to reach from the
Melbourne Cricket Ground to a bush doof in Lexton, then it is on to
the city nightlife precincts where since April the police have increased
their use of sniffer dogs in and around Melbourne nightclubs under
Operation Safenight.
So
aggressive are the police that the High Alert campaign was formed in
response to Operation Safenight by a group of concerned harm
reduction advocates, health professional and legal practitioners
including Nevena Spirovska, a former campaign manager for the
Australian Sex Party.
So
aggressive that just yesterday a
man and a woman were shot by police at a 'Saints and Sinners Ball'
inside a Melbourne nightclub following a report that the man was
armed with a gun. But as you might expect to find at at fancy-dress
party on a guy dressed as The Joker – the pistol was a toy. Not a safe night for him or his girlfriend.
If
the Anti-Terrorist / Anti-Fun / Super Safety Squad are successful then it won't be long
before similar legislation appears in other States.
Then
who knows how far the long arm of the law will stretch to keep us safe from ourselves? Perhaps to
Melbourne Cup Day at your local pub, to the Australia Day bash at the
end of your street, and to your kid's 18th birthday party at your
house.
Be
it what it may, I fear the Grecians even when they offer gifts.
Remember
you are free.
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