Lexi Webster
Australia has a wide range of laws that govern the conduct of its citizens and visitors. While some laws are common and well-known, such as those relating to alcohol and driving, other laws are quite unusual and may come as a surprise to many. From censorship and freedom of speech to the legal drinking age and where you can drink, Australia has a unique set of laws that reflect the country's culture and values. In this topic, we will explore some of the most interesting and lesser-known laws in Australia, as well as the implications they have for those who choose to visit or reside in the country.
| Characteristics | Values |
|---|---|
| Drink driving | Illegal if your blood alcohol concentration is equal to or more than 0.05 |
| Legal drinking age | Must be 18 or older to buy or consume alcohol in a licensed venue |
| Selling alcohol | Illegal to sell alcohol to anyone under 18 or to someone who is already drunk |
| Labelling | All packaged alcohol must show how many standard drinks it contains |
| Drinking in public | Varies across states and territories |
| Crashing weddings and funerals | Illegal in South Australia and carries a $10,000 fine |
| Advertising lost or stolen items | It is illegal to include a "no questions asked" policy in South Australia and Tasmania |
| Possession of potatoes | Illegal to possess 50kg of potatoes in Western Australia |
| Wearing hot pink hot pants | Illegal to wear after midday on a Sunday |
| Walking on the sidewalk | Illegal to walk on the right-hand side of a busy street |
| Crushing beer cans with breasts | Illegal in Western Australia |
| Internet censorship | Mandatory internet filtering to block illegal content and content unsuitable for children |
| Film, literature, and video games | Banned from sale if "refused classification" by the Australian Classification Board |
| National security | Media outlets have been subject to raids and censorship for leaking sensitive government information |
| Academic freedom | Concerns have been raised about the level of academic freedom at public universities |
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What You'll Learn
Censorship of media
Australia has a long history of media censorship, with book censorship laws existing since the 19th century. Each state had its own legislation, including the Obscene and Indecent Publications Act 1901 (later the Indecent Articles and Publications Act 1975). The Commonwealth Book Censorship Board was established in 1933, and the first book banned from import into Australia was Norman Lindsay's Redheap, in May 1930, under the Commonwealth Customs Act 1901.
In the 1930s, the first Australian book to be officially banned was J.M. Harcourt's Upsurge, due to its explicit content and socialist tone. In the 1960s, censorship laws were challenged when Sydney activists locally published banned books, such as D.H. Lawrence's The Trial of Lady Chatterley.
While federal Minister of Customs and Excise, Don Chipp, largely ended censorship of printed material in the early 1970s, Australia has seen a recent decline in press freedom, with rising media censorship and intimidation of journalists. Matters of national security, judicial non-publication orders, defamation law, and the Racial Discrimination Act 1975 are all subject to government censorship.
The internet is also subject to censorship in Australia. The government has blocked websites, including those related to euthanasia and the Australian Sex Party. In 2006, the Suicide Related Materials Offences Act was passed, criminalising the use of media to discuss suicide methods. Following the Christchurch mosque shooting, a bill was passed to require the swift removal of content documenting "abhorrent violent conduct".
Additionally, Australia has unique laws regarding advertising for lawyers in personal injury compensation cases, with strict rules on what lawyers can say in public statements.
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Alcohol laws
Australia has various laws regulating the sale and consumption of alcoholic beverages. These laws aim to protect individuals, families, and communities from alcohol's harmful effects. While some laws, such as the legal drinking age, are consistent across Australia, other regulations, such as where you can drink, vary by state and territory.
In Australia, the legal drinking age is 18. This means that individuals must be 18 or older to purchase or consume alcohol in licensed venues. It is illegal to sell alcohol to anyone under 18 or to someone who is already intoxicated. The law permits minors to consume alcohol for religious purposes, such as Holy Communion. Additionally, in certain states, individuals under 18 can drink alcohol under parental supervision in private premises.
To drive in Australia, individuals must adhere to strict drink-driving laws. It is illegal to drive with a blood alcohol concentration (BAC) of 0.05% or higher. Learner and provisional licence holders must maintain a BAC of zero, meaning they cannot consume any alcohol before driving.
The laws governing where alcohol can be consumed differ across Australia's states and territories. For example, the Australian Capital Territory has permanent alcohol-free places, while Melbourne in Victoria has designated "dry areas" where alcohol consumption was previously restricted. Western Australia also has specific regulations regarding alcohol consumption in public spaces.
Australia also has laws pertaining to alcohol advertising and labelling. The Alcohol Beverages Advertising Code's Responsible Alcohol Marketing Code provides guidelines for the industry. Additionally, all packaged alcohol must indicate the number of standard drinks it contains.
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Anti-social driving
Australia has its fair share of unusual laws, from the seemingly trivial to the outright bizarre. For instance, it is illegal to wear hot pink hot pants after midday on a Sunday in Western Australia, and taxi cabs in Queensland are required to carry a bale of hay in the trunk. However, one law that is not so strange but is important to follow is anti-social driving, which is a serious offence.
The definition of anti-social driving is behaviour exhibited by a driver that causes distress or alarm to those around them, including other motorists, road users, and pedestrians. This can include aggressive and dangerous behaviour, as well as excessive noise, such as loud revving, aftermarket exhausts, or loud music. Since 2016, cars must be manufactured with exhausts that are no louder than 72 decibels, and exhausts found to be exceeding 74 decibels are illegal.
To combat anti-social driving, ACT Policing proactively targets burnout and anti-social driving 'blackspots' using an intelligence-led policing approach. Members of the public are urged to come forward with information about anti-social driving activities so that patrols can target areas appropriately. The Dangerous Driving report is an online reporting mechanism where the public can submit video and photographic evidence of driving offences witnessed on ACT roads.
In addition to anti-social driving, there are other vehicle-related offences that are considered anti-social behaviour in Australia. This includes hooning, which is a term used to describe speeding, street racing, burnouts, and playing loud music from a car stereo. Anti-hooning laws have been introduced in Queensland, giving police the power to confiscate the vehicles of reckless drivers. Other vehicle-related nuisances include donuts, which are when drivers spin their tyres to create rings of tyre marks in car parks and on roundabouts.
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Possession of potatoes
In the Australian state of Western Australia, it is illegal to sell, buy, or deliver more than 50 kilograms (110 lbs) of potatoes. The penalty for doing so is a fine of $2000 plus twice the cost of the potatoes.
This law was repealed in 2021 and was meant to prevent large farms from flooding the market and undercutting smaller farms. It was also designed to prevent rich people from buying all the food. The law was enacted in 1946, but it is unclear why it was first created. However, it was likely to do with protecting the state's commercial activities and preventing food shortages.
The Potato Marketing Corporation of Western Australia was a monopoly that controlled all potato sales in the state. They had the power to search any vehicle they reasonably believed to be carrying more than 50kg of potatoes. To sell more than 50kg of potatoes legally, one had to obtain a license and pay license fees to the PMC, which would then dictate the varieties and volume in the WA potato market.
The law did not apply to the Department of Agriculture or anyone registered as an authorized person to carry out business as a commercial producer of potatoes with the PMC.
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Pigeon petting
While some laws regarding animal ownership in Australia can be quite strange, the topic of pigeon petting does not appear to be addressed specifically. However, it is important to note that Australia has strict laws regarding the trapping and keeping of native birds.
It is illegal to trap and take any native bird from the wild in Australia. Those who break this law can face significant consequences, including hefty fines of up to $220,000 and even potential prison sentences of up to two years. This law is in place to protect the country's diverse bird species and ensure they remain in their natural habitats.
Pigeons, on the other hand, are not native to Australia and are considered an introduced species. Due to their ability to adapt and thrive in urban environments, pigeons are commonly found in cities and towns across the country. However, this does not mean that trapping and keeping pigeons as pets is without regulation.
To legally keep pigeons as pets, it is essential to obtain them from a reputable source, such as a licensed pet shop or a reputable breeder. Taking pigeons from the wild or trapping them is not only unethical but also illegal and can result in fines and other penalties.
Additionally, it is worth noting that while pigeons can be kept as pets, they have specific care requirements that must be met. Pigeons are social birds that do best in pairs or small flocks. Providing them with an outdoor aviary that offers ample space to fly and roost is ideal. A balanced diet that includes grains, seeds, and fresh vegetables is also necessary to ensure their health and well-being.
In conclusion, while pigeon petting itself may not be illegal in Australia, the acquisition and care of pigeons as pets must adhere to the country's laws and regulations regarding animal ownership and welfare. It is always essential to prioritize the well-being of the animals and provide them with the care and environment they need to thrive.
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