Commonwealth Consolidated Acts

PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 19

(1)

A person who, while taking part in an assembly that is in relation to protected premises or to a protected person:

(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)

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 (1A) (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.