Summary Offences Act 1981

5A Disorderly assembly


A disorderly assembly is an assembly of 3 or more persons who, in any public place, assemble in such a manner, or so conduct themselves when assembled, as to cause a person in the immediate vicinity of the assembly to fear on reasonable grounds that the persons so assembled—


will use violence against persons or property; or


will commit an offence against section 3

in that vicinity.


Every person is liable to imprisonment for a term not exceeding 3 months or a fine not exceeding $2,000, who, being a participant in a disorderly assembly and having been warned by a constable to disperse or otherwise desist from such an assembly, without reasonable excuse,—


continues to participate in the disorderly assembly; or


having desisted from that disorderly assembly, participates in another disorderly assembly in circumstances in which it is reasonable to deem the warning to have applied to the new assembly as well as the original one.


This section shall not apply to any group of persons who assemble in any public place for the purpose of demonstrating support for, or opposition to, or otherwise publicising, any point of view, cause, or campaign.

Section 5A: inserted, on 5 June 1989, by section 2 of the Summary Offences Amendment Act 1989 (1989 No 19).

Section 5A(2): amended, on 1 January 1998, by section 7 of the Summary Offences Amendment Act 1997 (1997 No 97).