Queensland Consolidated Acts

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SUMMARY OFFENCES ACT 2005 - SECT 10A

10A Unlawful assembly

(1) If--

(a) 3 or more persons are present together for a common purpose; and
(b) the conduct of them taken together would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property;
each of the persons commits an offence.

Maximum penalty--

(a) if--
(i) the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and
(ii) the offender knows of, or ought reasonably to know of, the violence--2 years imprisonment; or
(b) otherwise--1 year's imprisonment.

(2) The following are immaterial--

(a) whether the original assembling was lawful or unlawful;
(b) what the common purpose is and whether it is lawful or unlawful;
(c) whether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1)(b).

(3) In this section--

unlawful assembly means an assembly of persons who commit the offence under subsection (1).



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