Hemelaar v Brisbane City Council

The appeal was heard in the Queensland Court of Appeal by Byrne JA, Holmes JA and Ryan AJA. The appellant, Hemelaar, appealed against a conviction for eight breaches of the Public Land and Council Assets Local Law 2014 (Qld). The conviction stemmed from the appellant's participation in a protest against the construction of a bike lane in Brisbane, which resulted in his arrest. The appellant claimed that his activities constituted a lawful assembly under the Peaceful Assembly Act 1992 (Qld). The court had to determine if the appellant's activities constituted an assembly under the Peaceful Assembly Act 1992 (Qld), if they were lawful, and if the Peaceful Assembly Act 1992 (Qld) prevailed over the Public Land and Council Assets Local Law 2014 (Qld).

The court held that the appellant's activities did not constitute an assembly under the Peaceful Assembly Act 1992 (Qld). The court found that an assembly under the Act required a gathering of people for a common purpose, which was not present in this case. The court further held that the appellant's activities were not lawful as they breached the Public Land and Council Assets Local Law 2014 (Qld). The court held that the Peaceful Assembly Act 1992 (Qld) did not prevail over the Public Land and Council Assets Local Law 2014 (Qld) as the latter was a specific law that took precedence over the former.

The appeal was dismissed, and the conviction was upheld. The court held that the appellant's activities did not constitute a lawful assembly and that the Peaceful Assembly Act 1992 (Qld) did not prevail over the Public Land and Council Assets Local Law 2014 (Qld). The court found that the appellant's actions were unlawful and that the conviction was rightly imposed. The decision of the lower court was affirmed, and the appeal was dismissed.