Commonwealth Consolidated Acts

PUBLIC ORDER (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;

commits 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.