Commonwealth Consolidated Acts

PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 25

(1)

After the commencement of this Act, the common law with respect to the offences of taking part in an unlawful assembly, a rout or a riot:

(a)

does not have effect in a Territory; and

(b)

does not have effect in a place that is a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970 (including a place that becomes such a place after the commencement of this Act), whether by virtue of that Act or otherwise.

(2)

An enactment specified in the Schedule to this Act, to the extent that it was, immediately before the commencement of this Act, in force in a Territory or, whether by virtue of the Commonwealth Places (Application of Laws) Act 1970 or otherwise, in a place that is a Commonwealth place within the meaning of that Act, is repealed, and none of those enactments is, by virtue of that Act or otherwise, in force in a place that becomes a Commonwealth place, within the meaning of that Act, after that commencement.

(2A)

In subsection (2), Territory means the Australian Capital Territory, the Jervis Bay Territory or the Northern Territory.

(3)

It is the intention of this Act that the provisions of this Act that apply in relation to assemblies in a State that are:

(a)

on Commonwealth premises that are not a Commonwealth place within the meaning of the Commonwealth Places (Application of Laws) Act 1970 ; or

(b)

in relation to protected premises or to a protected person;

shall so apply to the exclusion of the common law with respect to the offences of taking part in an unlawful assembly, a rout or a riot and to the exclusion of the enactments specified in the Schedule to this Act.

(4)

Except as provided by this section, nothing in this Act is intended to exclude the operation of a law of a State or Territory, whether made before or after the commencement of this Act, to the extent that that law is capable of operating concurrently with the express provisions of this Act.

(5)

A reference in the Schedule to a particular enactment shall be read as including a reference to that enactment as amended at any time and to any enactment in substitution for that enactment.

Section 25

Part II—Other enactments in force in Australia

New South Wales—

Sections 205, 206, 207 and 545C of the Crimes Act, 1900.

Victoria—

Section 206 of the Crimes Act, 1958.
Unlawful Assemblies and Processions Act 1958.

Queensland—

Sections 62, 63, 64, 65, 66 and 77 of The Criminal Code.

South Australia—

Sections 95, 244 and 245 of the Criminal Law Consolidation Act 1935-1966.

Western Australia—

Sections 63, 64, 65, 66 and 67 of the Criminal Code Act 1913. Tasmania —
Sections 74, 75 and 77 of the Criminal Code.

Northern Territory—

Sections 91, 92, 300, 301 and 302 of the Criminal Law Consolidation Act and Ordinance 1876 to 1969, as in force in the Territory.
Sections 64, 65, 66, 67 and 68 of the Criminal Code Act 1983.

Australian Capital Territory and Jervis Bay Territory—

Party Processions Prevention Act, 1901 of the State of New South Wales, in its application to the Territory.
Sections 205, 206 and 207 of the Crimes Act, 1900 of the State of New South Wales, in its application to the Territory.