Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person who, in a Territory or on Commonwealth premises, while taking part in an assembly:
(a) has in his or her possession a weapon, a missile or a destructive, noxious or repulsive object or substance;
(b) discharges or uses a weapon or throws a missile;
(c) throws, releases or deposits a destructive, noxious or repulsive object or substance; or
(d) throws, releases, deposits or deals with an object or substance, being reckless as to whether doing so will cause injury to persons or damage to property;
commits an offence.
(1A) For the purposes of an offence against subsection ( 1), absolute liability applies to the physical element of circumstance of the offence, that the person is in a Territory or on Commonwealth premises.
Note: For absolute liability , see section 6.2 of the Criminal Code .
(1B) Paragraph ( 1)(a) does not apply if the person has a reasonable excuse.
Note: A defendant bears an evidential burden in relation to the matter in subsection ( 1B) (see subsection 13.3(3) of the Criminal Code ).
(2) An offence against subsection ( 1) is punishable on conviction:
(a) in respect of an offence arising under paragraph ( 1)(a)--by a fine of not more than 20 penalty units; or
(b) in any other case--by imprisonment for not more than 6 months.