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  • 2019-04-29 (xsd:date)
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  • No, people who trespass, intimidate farmers in Australia do not face up to 12 months in jail under new legislation (en)
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  • A Facebook post that has been shared hundreds of times claims that protesters who trespass on private property and intimidate Australian farmers can now face up to a year in prison under new legislation. The claim is false; no new legislation on trespass and intimidation has been passed by Australia’s government. This April 12, 2019, Facebook post, which has been shared more than 700 times, contains a image with black writing on a pale green background. The text says: Protesters Who Trespass On Private Property and Intimidate Aussie farmers can now face up to 12 months jail time under new legislation. And I’m behind this 100%. Are you?? Yes/No. The misleading post’s caption says: Yes. Below is a screenshot of the post: Screenshot of the misleading post The same image has been shared here and here with additional text underneath saying: Bloody oath lock them up. Farmers are the backbone of this country they deserve support and respect. A search of the Australian parliament’s website here found that no new legislation on trespass and intimidation has been passed in the last six months. On April 5, 2019, Attorney-General Christian Porter announced plans to use the existing Privacy Act to penalise an activist group that he said targets farmers, but the proposed punishment would be fines of up to $2.1 million AUD not jail time. On April 10, 2019 the Attorney-General and Minister for Agriculture and Water Resources, David Littleproud, announced a proposed new bill, which can be seen here in a press release titled: New criminal penalties to protect farmers. According to the official press release: ​Penalties of up to 12 months imprisonment will apply to individuals who use a carriage service, such as the internet, to disclose personal information with the intention that another person would use that information to trespass on agricultural land. The proposed bill would not penalise trespass itself but the malicious use of personal information designed to encourage trespass on agricultural land and abattoirs, the statement says. The proposed legislation will only be introduced if Scott Morrison wins the federal election on May 18, the statement says. Australian trespass laws vary between states and territories, according to information provided by the department of the Attorney-General. In some states, for example Tasmania , Western Australia and Queensland , trespass can carry a 12 month jail sentence. In the Northern Territory , trespass can result in a six month prison term, while in New South Wales and the Australian Capital Territory the offence is punishable by fines. Penalties for intimidation or threats also vary by state or territory, for example in Victoria it can carry a 10 year jail term, but in Queensland it can carry a two to five year prison term depending on the nature of the offence. (en)
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