Commonwealth Consolidated Acts

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

Exclusion of certain other laws

  (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(Application of Laws) Act 1970 or otherwise, in a place that is a Commonwealth place within the meaning of that Act, is repealed, and none of those enactments is, by virtue of that Act or otherwise, in force in a place that becomes a Commonwealth place, within the meaning of that Act,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.


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