The APEC Act has lapsed and is unavailable online. Notably, also passed was the Industrial and Other Legislation Amendment (APEC Public Holiday) 2007 (NSW) which gave a public holiday to Sydney residents to make it easier for the authorities to arrange APEC security.
2.
More information about the APEC meeting security logistics can be found at <www.apec2007.org>.
Part 4 of the Summary Offences Act 1988 (NSW) has a notification procedure for those planning protests – or ‘assemblies’ or ‘processions’ in the language of the Act. Those completing the relevant form and submitting it to NSW Police (the ‘Notice of Intention’) with seven days clear notice attracts a defence against any subsequent charges of obstruction or unlawful assembly.
5.
New South Wales Commissioner of Police v Bainbridge [2007] NSWSC1015. The organiser of the protest, Alex Bainbridge on behalf of the protest group, lost the action and the march proceeded instead along Park Street with police approval.
6.
A comment made by a police officer filmed by The Chasers's War on Everything. A copy of the footage has been recorded and is in possession of Human Rights Monitors.
7.
Comment by police on length of poles noted by Human Rights Monitors.
8.
Witnessed by Human Rights Monitors and shown on television broadcast. A copy of the footage is in possession of Human Rights Monitors.
9.
Reports are from private conversations by the author with the women who were approached by police.
10.
The NSW police manual gives guidance as to what police officers should do; breaches of the manual may lead to disciplinary action, but not necessarily to criminal offences being committed. Interestingly, it is a criminal offence (maximum penalty: 5 penalty units or $550 at the time of writing) for a member of the Australian Federal Police or a Protective Service Officer not to wear an identification badge which is ‘clearly visible’ on his or her uniform. See ss 64A and 64AAA of the Australian Federal Police Act 1979 (Cth).
11.
The refusal to comment was witnessed by the author with a journalist from a national daily newspaper present. The comment that it was under instructions was recorded on video held by Human Rights Monitors.
12.
Numerous press reports, including in the Sydney Morning Herald, 19 September 2007.
13.
This observation is based on prior experience by Human Rights Monitors.
14.
Tasers are currently available to members of the NSW Police Public Order and Riot Squad, members of which were present in significant numbers during the APEC protest. Following comments by the NSW Police Association about the inadvisability of using Tasers at public order events, there have been conflicting reports about whether officers were equipped with Tasers during the APEC protest. At the time of writing, Parliamentary Budget Estimate questions put to the Police Commissioner about this matter by Sylvia Hale MLC (Greens) have yet to be answered.
15.
DevineMiranda, ‘Pumped up cops are stepping over the thin blue line’, Sydney Morning Herald (Sydney), 9 September 2007.
16.
Special laws passed, and at the last minute. For example, weeks before the visit by His Holiness the Pope to Sydney, further restrictions were made law; World Youth Day Amendment Regulation 2008, Government Gazette No 75, 25 June 2008
