Commonwealth Consolidated Acts

PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 10

(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;

is guilty of 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.