Crimes (Intimidation and Molestation) Act 1929 (NSW)

CRIMES (INTIMIDATION AND

MOLESTATION) ACT.

Act No. 31, 1929.

An Act to make certain provisions relat ing to mass or other picket ing; to amend the criminal law relating to int imidation and molestation, and to unauthorised proces­ sions; to amend the Crimes Act, 1900, and certain other Ac t s ; and for purposes

connected therewith.	[Assented to , 26th
November, 1929.]

lative Council and Legislative Assembly of New South	BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis­
Wales in Parliament assembled, and by the authority of the same, as follows:—
1. This Act may be cited as the "Cr imes (Intimi­ dation and Molestation) Act, 1929."
2. The Crimes Act, 1900, as amended by subsequent Acts, is further amended—

(a) by inserting next after section 545A the

following short headings and new sections :—

(a)	with a view to compel any other person to abstain from doing or to do any act which such other person has a legal right to do or abstain from doing; or
(b)	in consequence of such other person
having done any act which he had a legal right to do, or of his having abstained from doing any act which he had a legal right to abstain from doing, wrongfully

(D 2) INTIMIDATION, &C.

545B. (1) Whosoever,—

wrongfully and without legal authority,—

(i)  uses violence or intimidation to or towards such other person or his wife, child, or dependant, or does any injury to him or to his wife, child, or depen­

dant ; or

(ii)   follows such other person about from place to place; or

(hi) hides any tools, clothes, or other pro­ perty owned or used by such other person, or deprives him of or hinders him in the use thereof; or

(iv)   watches or besets the house or other place where such other person resides or works, or carries on business, or happens to be, or the approach to such house or place ; or,

(v)   follows such other person with two or more other persons in a disorderly man­ ner in or through any street, road, or public place,

shall, on conviction before two justices, be liable to imprisonment for six months, or to a tine of twenty pounds.

(2) In this section—

" Intimidation " means the causing of a
reasonable apprehension of injury to

a person or to any member of his

family or to any of his dependants,

or of violence or damage to any person or property, and " in t imida te" has a corresponding- meaning ; and

" Injury " includes any injury to a person in respect of his property, business, occupation, employment, or other source of income, and also includes any actionable wrong of any nature ; and

" Watches

" Watches or besets " includes attending at or near any house or place in such numbers or otherwise in such manner as is calculated to intimidate any person in that house or place, or to obstruct the approach thereto or egress therefrom, or to lead to a breach of the peace.

(1) 3) JOINING UNLAWFUL ASSEMBLIES, &C.

545c. (1) Whosoever knowingly joins an unlawful assembly or continues in it shall be taken to be a member of that assembly, and shall, on conviction before a police or stipendiary magistrate, be liable to imprison­ ment for a term not exceeding six months or to a fine not exceeding twenty pounds.

(2) Whosoever being armed with any weapon or loaded arms, or with anything which used as a weapon of offence is likely to cause death or grievous bodily harm, is a member of an unlawful assembly, shall be liable, on conviction before a police or stipendiary magistrate, to imprisonment for a term not exceeding twelve months or to a fine not exceeding fifty pounds.

(3) Any assembly of five or more
persons whose common object is by means of

intimidation or injury to compel any person to

do what he is not legally bound to do or to	abstain from doing what bo is legally entitled
to do, shall be deemed to be an unlawful assembly.
(b)	by inserting in section one after the figures and letter " 545A " the letters, words, and figures—

(D2)	INTIMIDATION, &C.—s . 545B.
( D 3) JOINING UNLAWFUL	ASSEMBLIES,

dec.—s. 515c.

3.    The Police Offences Act, 1901, is amended—

(a)	by inserting in section eight next after the words " offensive substance ; or " the words "wilfully or by negligence or misbehaviour prevents in any manner the free passage of any person or vehicle; or " ;
(b)	by inserting at the end of section eighteen the following new subsection : —

(3) Any person who is taking part in an unauthorised procession, and who fails to discontinue such taking part after being directed so to discontinue by an officer of police of or above the rank of sergeant, shall be liable to imprisonment for one month or to a penalty not exceeding ten pounds.

In this subsection " unauthorised proces­ s ion" means any procession in a public street or public place other than a military or naval procession or a procession for funeral purposes, for the holding of which the previous consent in writing of the prescribed authority has not been obtained, and " pre­ scribed au thor i ty" means in relation to the area to which the Metropolitan Traffic Act, 1900, applies, the Inspector-General of Police, and in relation to any other area the council of the municipality or shire in which the procession is to be held.

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