Queensland Consolidated Acts

PEACEFUL ASSEMBLY ACT 1992 - SECT 13

13 Restrictions affecting application for refusal to authorise public assembly

(1) The relevant authority is not entitled to apply for an order under section 12 unless—

(a) the relevant authority has had regard to the objects of this Act; and

(b) the relevant authority has formed the opinion, on reasonable grounds, that if the assembly were to be held—

(i) the safety of persons would be likely to be placed in jeopardy; or

(ii) serious public disorder would be likely to happen; or

(iii) the rights or freedoms of persons would be likely to be excessively interfered with; and

(c) the relevant authority has consulted, or attempted to consult, with each person, body, or agency, (an
"interested person" ) with which the relevant authority would be required to consult under section 11 (4) for the purposes of section 11 (2) (c) ; and

(d) a mediation process has been engaged in and the process has ended.

(2) The mediation process is taken to have ended if—

(a) a mediation session has been held at the request of the relevant authority and the session was attended by—

(i) the representative of the relevant authority; and

(ii) the organiser of the assembly; or

(b) the relevant authority requested that a mediation session be held, but the session was not held because—

(i) the matter was a matter that, under the Dispute Resolution Centres Act 1990 , may not be the subject of a mediation session; or

(ii) the matter was not accepted for mediation under that Act; or

(c) the relevant authority requested that a mediation session be held, but—

(i) the organiser of the assembly—

(A) failed to attend, or participate in, the session; or

(B) withdrew from the session; or

(ii) the session was terminated under the Dispute Resolution Centres Act 1990 .

(3) If the relevant authority considers that, because of time constraints and the number of interested persons involved, it is not practicable, for the purposes of subsection (1) (c) —

(a) to hold separate consultations with each interested person; or

(b) to contact each interested person for the purpose of arranging consultations;

the relevant authority may—

(c) fix a reasonable time and place for holding the consultations; and

(d) cause a notice of the time and place to be published in a newspaper circulating in the area in which the assembly is proposed to be held.