Peaceful Assembly Act 1992 (Qld)

Peaceful Assembly Act 1992

An Act to provide for the recognition, exercise and any necessary and reasonable restrictions of the right of peaceful assembly, and for related purposes

1   Short title

This Act may be cited as the Peaceful Assembly Act 1992.

2   Objects

(1)The objects of this Act are—

(a)to recognise the right of peaceful assembly; and

(b)to ensure, so far as it is appropriate to do so, that persons may exercise the right to participate in public assemblies; and

(c)to ensure that the exercise of the right to participate in public assemblies is subject only to such restrictions as are necessary and reasonable in a democratic society in the interests of—

(i)public safety; or

(ii)public order; or

(iii)the protection of the rights and freedoms of other persons; and

(d)to ensure that the right of persons to participate in public assemblies may be exercised without payment of a fee, charge or other amount for a licence, permit or other authorisation.

(2)In subsection (1)(c)(iii), a reference to the rights of persons includes a reference to—

(a)the rights of members of the public to enjoy the natural environment; and

(b)the rights of persons to carry on business.

3   Relationship with other laws

(1)This Act has effect despite any other law relating to—

(a)the right of peaceful assembly; or

(b)the movement of traffic or pedestrians; or

(c)loitering; or

(d)the use or obstruction of a public place; or

(e)the payment of a fee, charge or other amount for a licence, permit or other authorisation relating to a public assembly.

(2)Despite subsection (1), nothing in this Act affects the common law of trespass and, in particular, the right of a person in, or entitled to, possession of land—

(a)to request a trespasser to leave the land; and

(b)if the trespasser refuses to leave on being requested—to remove the trespasser from the land.

(3)In this section—

law includes an Act, a statutory rule and the common law.

4   Definitions

In this Act—

appropriate police office, in relation to a proposed public assembly, means a police office in the police district in which the assembly is to be held;

assembly notice means a notice of intention to hold a public assembly mentioned in section 7;

clerk, in relation to a local authority, includes a town clerk;

Commissioner means the Commissioner of the Police Service within the meaning of the Police Service Administration Act 1990;

mediation session has the meaning given by section 1.3 of the Dispute Resolution Centres Act 1990;

organiser, in relation to a public assembly for which an assembly notice has been given, means the person specified in the notice as the person responsible for organising and conducting the assembly;

place of assembly, in relation to an assembly that is a procession, includes a place at or through which it is proposed the assembly will stop or…