Victorian Greens Senator Lidia Thorpe says she is willing to risk losing her parliamentary position to continue protesting native logging.
Last week the state government proposed changes to protest laws which would raise the penalty for those found guilty of preventing or disrupting native forest logging in Victoria to up to a year in prison or up to $21,000 in fines.
Candidates awaiting a sentence for a crime punishable by a year or more in prison are ineligible to enter federal parliament, under section 44 of the Australian Constitution.
Senator Thorpe is a Djab Wurrung, Gunnai Gunditjmara woman, with a history of protesting against logging on her traditional land, which mainly lies in eastern Victoria.
She said she would continue to protest even if the amended laws were passed.
"I will challenge any fine like I have in the past," she said.
"We've had fishing fines [about] 10 to 15 years ago — we challenged those, and we won, because we are sovereign people on our own lands."
Senator Thorpe said that under existing crown laws, she did not believe state governments had jurisdiction over traditional lands.
"There is no jurisdiction for any government to do this, because we don't have a treaty."
She said the proposed amendments were a political stunt by the government ahead of the Victorian state election in November.
Changes aimed at protecting workers
In announcing the proposed changes, Victorian Agriculture Minister Mary-Anne Thomas said the Sustainable Forests Timber Amendment Bill would modernise enforcement measures to deter dangerous protest activities in timber harvesting safety zones.
These zones are restricted areas designated for timber harvesting.
Ms Thomas says she respects the right to protest but wants to protect the safety of timber workers.
"Protests are becoming increasingly dangerous — particularly for workers — which is why this legislation will support them to get on with their job and minimise disruption to the industry,” she said.
