Daniel Andrews pandemic state of emergency laws: Could fine you for going to ...

Daniel Andrews pandemic state of emergency laws: Could fine you for going to ...
Daniel Andrews pandemic state of emergency laws: Could fine you for going to ...

Daniel Andrews' controversial new laws to manage pandemics that could see rule-breakers fined up to $454,350 or jailed for two years have provoked a heated shouting match in the Victorian Parliament. 

The new laws, which the Premier hopes to pass soon despite fierce opposition, state a person can be fined up to $21,909 for breaching a pandemic order.

This could include not wearing a mask, breaking a movement limit, attending an illegal protest or a gathering, refusing to get tested or failing to show ID. 

Daniel Andrews' controversial new laws to manage pandemics could see rule-breakers jailed for two years and fined up to $454,350

Daniel Andrews' controversial new laws to manage pandemics could see rule-breakers jailed for two years and fined up to $454,350

Businesses can be fined up to $109,044 for breaking rules which may include failing to make sure customers check-in or show proof of vaccine status.

In addition, there is a new aggravated offence for breaches that 'cause a serious risk to the health of another individual'.

These can be punished with a $90,870 fine and two years in jail. An example given in the bill is someone going to work when they are infectious and should be isolating.  

Businesses can also be guilty of an aggravated offence, with a maximum fine of $454,350 if, for example, they refuse to obey a lockdown and encourage customers to also flout the rules.

What are the fines in Daniel Andrews' new law? 

 $21,909: This fine is or breaching a pandemic order such as not wearing a mask, breaking a movement limit, attending an illegal protest or a gathering, refusing to get tested or failing to show ID.

$90,870: This fine is for an aggravated offence for breaches that 'cause a serious risk to the health of another individual' such as going to work when  infectious.

$109,044: This fine is for businesses breaking rules which may include failing to make sure customers check-in or show proof of vaccine status.

$454,350: This fine is for an 'aggravated' offence by a business such as encouraging customers to flout lockdown rules .

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In a heated debated in Parliament on Wednesday, which involved shouting across the chamber, shadow attorney-general Tim Smith said: 'This is nonsensical, it's an abuse of power.

'It's a disgraceful mistreatment of our democratic traditions giving the dictator dictatorial powers and you think that's great. You think it's absolutely fantastic giving the dictator the ability to rule by decree,' he said in reference to Daniel Andrews.

Opposition MP Louise Staley said the 113-page bill was 'the largest I've ever seen' and said politicians have not been given enough time to scrutinise it. 

'To be brought into this place and then be told they will be debating it later this day is a complete and utter assault on democracy,' she said.

The Victorian Labor Government - which introduced the Public Health and Wellbeing (Pandemic Management) Bill 2021 in the state Parliament on Tuesday - accused the Opposition of being 'hysterical' and peddling 'misinformation'. 

In its explanation of an 'aggravated' offence, the bill says: 'This aggravated offence is intended to cover non-compliance in egregious circumstances where there is an aggravating factor of the person knows, or having ought to have known, that the non-compliance is likely to cause a serious risk to at least one other individual.

'Similarly, the conduct of a business failing to comply with safety protocols and other directions given in order to limit the spread of a pandemic disease and actively encouraging non-compliance by customers may amount to an aggravated offence. 

'The offence is not intended to apply to minor or routine breaches that do not create a serious risk to the health of an individual, such as minor breaches of face mask requirements, and is not intended to be used as a tool to manage peaceful protests.'

The Victorian Opposition has described the laws as an 'attack on democracy' and vowed to oppose them at every turn. 

'Under these laws Victorians face a $21,909 fine for failing to wear a face mask and business a $109,044 fine if a customer fails to check-in properly,' Opposition leader Matthew Guy said. 

The bill has been drafted after consultation with three crossbench MPs to guarantee it will pass this week or next month despite the opposition from the Liberals and Nationals. 

The new laws will replace the state of emergency powers which expire on December 15 when they will have been in place for 21 months.  

The new laws, which the premier hopes to pass next month despite fierce opposition, state a person can be fined $21,909 for breaching a pandemic order such as not wearing a mask. Pictured: The Queen Victoria Market in Melbourne

The new laws, which the premier hopes to pass next month despite fierce opposition, state a person can be fined $21,909 for breaching a pandemic order such as not wearing a mask. Pictured: The Queen Victoria Market in Melbourne

The Opposition fears they could be used to re-impose lockdowns in the near future. 

'These new laws aren't about streamlining State of Emergency powers but about making it easier for the State Government to control people's lives,' Mr Guy said.

'Daniel Andrews wouldn't be passing these laws unless he planned on using them. 

'The thought of handing even more power to the person who got us into this mess is simply unacceptable.

'This extreme legislation is a threat to every Victorian family, small business and local community. It must be stopped.' 

Victoria recorded 1,534 new Covid-19 cases and 13 deaths on Wednesday. 

Associate Professor Maria O'Sullivan from Monash University said she was not aware of any precedent for an aggravated offence for breaching public health orders.

She also raised concerns the bill allows the premier to declare a pandemic for an unlimited time. 

'So, ostensibly, the public health emergency could go on indefinitely… that would be of concern to me,' she told the ABC

Three-month lockdowns 

Under the new laws the premier would be able to declare a pandemic for an unlimited time, with an extension required every three months.

The health minister will be able to sign off on public health orders instead of the Chief Health Officer, a role currently held by Brett Sutton. 

This gives the health minister the power to enforce lockdowns, shut down

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