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PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 15

Assemblies involving violence or apprehension of violence

  (1)   Where persons taking part in an assembly that is in relation to protected premises or a protected person conduct themselves in a way that gives rise to a reasonable apprehension that the assembly will be carried on in a manner involving unlawful physical violence to persons or unlawful damage to property, each of those persons commits an offence, punishable on conviction by a fine of not more than 20 penalty units.

  (1A)   For the purposes of an offence against subsection   ( 1), strict liability applies to the physical element of circumstance of the offence, that the way in which the persons conduct themselves gives rise to a reasonable apprehension that the assembly will be carried on in a manner involving unlawful physical violence to persons or unlawful damage to property.

Note:   For strict liability , see section   6.2 of the Criminal Code .

  (2)   A person who, while taking part in an assembly that is in relation to protected premises or a protected person, intentionally does an act of physical violence to another person, or an act that results in damage to property, commits an offence, punishable on conviction by imprisonment for not more than 12 months.

  (3)   For the purposes of an offence against subsection   ( 1) or (2), absolute liability applies to the physical element of circumstance of the offence, that the assembly is in relation to protected premises or a protected person.

Note:   For absolute liability , see section   6.2 of the Criminal Code .


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