State of Disaster (General)
The above arrest was made possible by the introduction of a new legal regime in Victoria. Having already declared a State of Emergency in March, Andrews then availed himself of the tool-set of powers entailed in that. Chief among these is the power to unilaterally declare a State of Disaster. Andrews did this on Aug 2. This declaration automatically invests him with dictatorial-like powers. That’s not hyperbole. According to the Parliament of Victoria website:
"Authorities have been empowered to impose restrictions ...that suspend constitutional norms (and) prevail over anything to the contrary in any state law.
Invoking these powers sets aside the normal workings of legislative and executive powers and concentrates broad regulation-making powers in an official within the executive government. ( i.e State Premier, Daniel Andrews)
Once these special powers are triggered, the executive government is typically authorised to make regulations with respect to anything deemed necessary."
In other words, Absolute Power. Because the powers are so extreme, they are limited to one month. However, on Aug 24, Andrews said he needed to extend for a year. With the help of The Greens and an anti-censorship rep(!), they got 6 months.
It’s only the second time in history that a State of Disaster has been declared in Victoria. (The first time was a few months ago, by the same trigger-happy premier, during the bushfire season (which resulted in 3 deaths in Vic).
On the same day the Covid State of Disaster was declared (Aug 2), Stage 4 Lockdown Restrictions were announced. (God help us if it’s like typhoons and there’s a Stage 5!):
A curfew will be in place from 8pm this evening (and) from 8pm to 5am every evening.
Outside these hours, you are only allowed to leave your house for 1 of the following four reasons:
Exercise once a day for up to 1 hour within a 5km radius of your home. Gatherings limited to 2.
Purchase food and necessary supplies. 1 person per household.
Health care.
Work. Study must be done remotely.
Police patrol the streets and have fined Victorians “more than $2.9 million for breaking curfew over the past month.”
The fine for breaching Stay at Home orders is $1652 on the spot, up to $10,000.
You can report breaches of the Chief Health Officer’s directives, by calling the Police Assistance Line on 131 444 (ominous number - has got 13 and 444 sounds like death death death in Chinese) or submitting an online report.
As we saw, protesting these restrictions is banned. As is discussing plans for protesting them. These decrees are backed by aggressive enforcement.
Police commissioner Shane Patton said, “On at least four occasions in the last week, we've had to smash the windows of cars and pull people out because...they weren't adhering to the Chief Health Officer's guidelines, they weren't providing their name and address."
Daniel Andrews said: “This is not going to be a pleasant experience... but I have a message: this is not about punishment but protection.”
WTF! Smashing car windows and dragging people out to show ID’s!!! And that’s for our protection!? In Taiwan, which heroically overcame the White Terror fascism, the police can’t randomly stop people and demand ID on the street, let alone smash their car windows in - it would be utterly bizarre. In Victoria, it’s the 'new normal'.