Commonwealth Consolidated Acts

PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 17

(1)

Where an assembly consisting of not less than twelve persons is taking place in relation to protected premises or to a protected person and:

(a)

persons taking part in the assembly have conducted themselves in a way that has caused a member of a Police Force of the rank of Sergeant or above reasonably to apprehend that the assembly will be carried on in a manner involving:

(i)

unlawful physical violence to persons or unlawful damage to property; or

(ii)

offences against section 18 or 20; or

(b)

the assembly is being carried on in a manner involving such unlawful violence or damage, or such offences;

a member of a Police Force of the rank of Sergeant or above may give a direction under this section.

(2)

A direction under this section shall be given orally and in such a manner as to be likely to be audible to the persons constituting the assembly, or to as many of them as practicable, and shall be in accordance with the following form or to the like effect:

In pursuance of the Public Order (Protection of Persons and Property) Act of the Commonwealth of Australia, I name of police officer , being a Sergeant or higher rank, as the case may be in the name of Police Force , direct all persons taking part in this assembly to disperse forthwith. Persons who fail to disperse may render themselves liable to the penalties provided by the Act.

(3)

Where:

(a)

a direction is given under this section; and

(b)

the assembly, to the number of not less than twelve persons, continues after the expiration of fifteen minutes from the time of the direction;

each of those persons who has failed to comply with the direction is guilty of an offence, punishable on conviction by imprisonment for not more than 6 months.

(3A)

Strict liability applies to paragraphs (3)(a) and (b).

Note: For strict liability , see section 6.1 of the Criminal Code .

(3B)

Subsection (3) does not apply to a person who has a reasonable excuse.

Note: A defendant bears an evidential burden in relation to the matter in subsection (3B) (see subsection 13.3(3) of the Criminal Code ).

(4)

For the purpose of:

(a)

dispersing an assembly in respect of which a direction has been given under this section; or

(b)

dispersing or suppressing an assembly to which paragraph (1)(b) applies by reason of its being carried on in a manner involving unlawful violence or damage (whether or not a direction has been given under this section in respect of the assembly);

it is lawful for a person to use such force as he or she believes, on reasonable grounds, to be necessary for that purpose and is reasonably proportioned to the danger which he or she believes, on reasonable grounds, is to be apprehended from the continuance of the assembly.