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PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 6

Assemblies involving violence or apprehension of violence

  (1)   Where persons taking part in an assembly that is in a Territory or is wholly or partly on Commonwealth premises conduct themselves, in the Territory or on the Commonwealth premises, 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), absolute liability applies to such of the following physical elements of circumstance as are relevant to the offence:

  (a)   that the assembly is in a Territory or is wholly or partly on Commonwealth premises;

  (b)   that the persons conduct themselves in the Territory or on the Commonwealth premises.

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

  (2)   A person who, in a Territory or on Commonwealth premises, while taking part in an assembly, 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   ( 2), 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 .


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