A major constitutional challenge examining the legality of Victoria Police's sweeping stop and search powers in Melbourne's city centre has entered its second and final day in the Federal Court.
Assistant Commissioner Faces Cross-Examination
Today, a senior Victoria Police assistant commissioner is set to be cross-examined by lawyers representing three activists. The hearing, which began yesterday, centres on a declaration that designated Melbourne's Central Business District (CBD) a special area for four months under the Controlled Weapons Act.
The controversial declaration, which was revoked four months early on 9 January, granted police and protective service officers extraordinary authority. Within the designated zone, officers could stop and search any person without a warrant.
Political Expression Versus Public Safety
Central to the legal battle are arguments concerning the implied freedom of political communication. The court is examining how police interpret this freedom and whether ordering a protester to remove a face-covering infringes upon political expression.
Under the powers, police could require individuals to remove face coverings, irrespective of whether they were worn for political protest, health reasons, or as protection against crowd-control substances like pepper spray. The plaintiffs' counsel argues this could unlawfully suppress political communication, while the state contends it is a necessary measure to prevent crime and concealment of identity.
Legal Scrutiny and Wider Implications
The outcome of this two-day hearing could have significant ramifications for policing, protest rights, and the balance between public safety and civil liberties in Victoria. The court's decision will determine if the four-month designation of the CBD was constitutionally valid or an overreach of executive power.
This case highlights the ongoing tension between state authority and individual freedoms, setting a potential precedent for how similar police powers might be applied and challenged in the future across Australia.
