Question Time AU

Bill Debate · Second Reading

Right to Protest Bill 2025; Second Reading

Senate · Wednesday 27 August 2025

Official Hansard for this day (APH) · Read this debate on OpenAustralia

At a glance

The Senate debated the Right to Protest Bill 2025, introduced by the Australian Greens to codify the right to peaceful protest and invalidate conflicting state laws. The Greens argued that current state legislation disproportionately targets activists and undermines democratic freedoms, while the government and opposition opposed the bill, citing concerns over public safety, the definition of disruptive actions, and the override of state laws. One Nation expressed support for peaceful protest but raised concerns about vague wording and federal overreach. The Nationals opposed the bill, arguing it could enable coercion. The government indicated it would not support the legislation.

Outcome

The government indicated it would not support the bill, and the opposition opposed it.

Summary in reported speech - not a transcript. AI-generated, so check the official record before quoting.

How the debate unfolded

Opened the debate

Shoebridge moved the second reading, arguing that the bill protects the fundamental democratic right to peaceful protest as enshrined in the International Covenant on Civil and Political Rights. Shoebridge contended that state and territory governments have increasingly criminalised dissent, particularly targeting climate activists and First Nations defenders, through excessive penalties and restrictive laws. The bill aims to invalidate state laws that conflict with these federal protections, ensuring restrictions are only imposed when necessary for national security, public safety, or the rights of others. Shoebridge emphasised that the legislation rebalances justice by preventing the use of disproportionate penalties against those exercising their right to dissent.

Government response

Watt stated that the government would not support the bill, asserting that the right to peaceful protest is already protected under international law and the implied constitutional freedom of political communication. Watt explained that existing legal frameworks allow courts to challenge state laws that unduly restrict protest activities, rendering the bill unnecessary. Watt argued that the bill introduces vague standards that would create uncertainty and require costly litigation to resolve conflicts between federal and state laws. Watt maintained that balancing protest rights with public safety and other considerations is best handled by state and territory parliaments within the current constitutional system.

Opposition response

Cash opposed the bill, characterising it as an attempt to provide legal cover for disruptive activist conduct rather than protecting legitimate protest rights. Cash argued that the bill’s definition of protest includes behaviour that causes disruption or aims to do so, which she claimed would undermine public safety and civil order. Cash highlighted that the bill overrides state and territory laws, including those related to public health, safety, and terrorism, creating a blanket protection for conduct that impedes emergency services and businesses. Cash concluded that the legislation is ill-conceived and risks legislating chaos rather than safeguarding democratic freedoms.