Queensland Consolidated Acts

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—

(i) would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or

(ii) if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) —

(A) poses a risk to the health or safety of a person; or

(B) poses a risk to the welfare of an animal; or

(C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or

(D) is likely to directly disrupt the operation of a business carried out on the land; or

Example of conduct for sub-subparagraph (D)—

conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product

(E) poses a risk to the safety of food produced for human or animal consumption;

each of the persons commits an offence.

Penalty—

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) (i) .

(2A) Subsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 .

(3) In this section—

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