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14 Commonwealth Land
14.1 Loitering or “Moving People On”
14.2 Identification
14.3 Hindering Police and Resisting Arrest
14.4 Unlawful Assembly
14.5 Obstruction
14.6 Offensive Behaviour and Language
14.7 Trespass
14.8 Damage to Property
14.9 Violent Disorder
14.10 Interference with Rights
Over the years, protest actions have sometimes happened on Commonwealth land, either because of the location (for example, Parliament House) or the subject-matter (for example, Pine Gap).
14.1 Loitering or “Moving People On”
Under the (CTH) Public Order (Protection of Persons and Property) Act 1971, the Federal Police have the power to move on or disperse individuals or groups of people in certain circumstances.
It is an offence for a person to fail to quit “premises” in a Territory or owned by the Commonwealth when requested to by an officer.413
The Federal Police can also direct an assembly of 12 or more people to disperse if an officer of the rank of sergeant or above reasonably apprehends that there may be a threat of violence or property damage.414 If, after 15 minutes, the assembly has not dispersed or reduced to less than twelve, then all persons to whom the direction was made may be guilty of an offence, punishable by up to six months gaol.415
It is important to remember that a “reasonable excuse” for failing to comply with a direction is a defence to these charges,416 even though the High Court has construed the meaning of “reasonable excuse” in a similar context very narrowly.417
14.2 Identification
It is an offence to fail to give your name and address to an officer if requested to do so when found on prohibited Commonwealth land.418
14.3 Hindering Police and Resisting Arrest
It is a federal offence to knowingly obstruct, hinder, intimidate or resist a Commonwealth public official in the performance of their functions.419
14.4 Unlawful Assembly
You may be guilty of an offence if you are part of a group assembled for a common purpose on Commonwealth premises or in a Territory if the group conducts itself in a certain way. Specifically, it is an offence if the group behaves in a way “that gives rise to a reasonable apprehension that the assembly will be carried on in a manner involving unlawful physical violence to persons or unlawful damage to property.”420 Each member of the group can be guilty of an offence.421
14.5 Obstruction
Under the Public Order (Protection of Persons and Property) Act it is an offence to take part in an assembly on Commonwealth premises or in a Territory and thereby engage in “unreasonable obstruction.”422
14.6 Offensive Behaviour and Language
Commonwealth legislation makes it an offence for a person who is trespassing on Commonwealth premises or in a Territory to “behave in an offensive or disorderly manner.”423 The defence of reasonable excuse is available.424
14.7 Trespass
Under federal law, it is an offence to trespass on prohibited Commonwealth land, such as Defence Force installations.425 More generally, it is an offence to trespass on “premises” in a Territory or the Commonwealth without a reasonable excuse.426 Greater penalties apply where the trespass is aggravated by behaviour such as obstruction, disorderly conduct and a refusal to leave.427
14.8 Damage to Property
A person who wilfully damages property while taking part in an assembly in a Territory or on Commonwealth premises, or damages protected property such as diplomatic and consular premises, is guilty of an offence.428 It is also an indictable offence to cause property damage in excess of $1,500 while taking part in an assembly in a Territory or on Commonwealth property.429
14.9 Violent Disorder
Under the Public Order (Protection of Persons and Property) Act 1971, it is an offence for a person to take part in an assembly in a Territory or wholly or partly on Commonwealth premises in certain circumstances. Specifically, it will be an offence if the conduct “gives rise to a reasonable apprehension that the assembly will be carried on in a manner involving unlawful physical violence to persons or unlawful damage to property”.430 It is also an offence to intentionally do an act of physical violence.431 Similar offences exist for diplomatic and consular premises.432
Wherever an action takes place, you should make clear that the action you are taking is non-violent to ensure that no reasonable person could be put in fear for their safety.
14.10 Interference with Rights
It is an indictable offence for any person to use threats or intimidation of any kind to hinder or interfere with the free exercise, by any other person, of any political right or duty.433
- (CTH) Public Order (Protection of Persons and Property) Act 1971 ss 11(2)(c). The maximum penalty is $2200.
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 8(1)(a).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 8(3). The maximum penalty is 6 months gaol.
- (CTH) Public Order (Protection of Persons and Property) Act 1971 ss 8(3B) and 11(2B).
- Taikato v The Queen (1996) 70 ALJR 960.
- (CTH) Crimes Act 1914 s 89(2). The maximum penalty is $1100. “Prohibited Commonwealth land” must be identified with a notice to the effect that trespassing upon the land is prohibited: (CTH) Crimes Act 1914 s 89(5).
- (CTH) Criminal Code Act 1995 s 149.1(1). The penalty is a maximum of two years gaol: s 149.1(1).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 6(1). The offence is punishable by a fine of up to $2200: s 6(1).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 6(1).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 9. The offence is punishable by a fine of up to $2200: s 9(1).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 ss 11(2)(b) & 12(2)(b). The offence is punishable by a fine of up to $2200: s 11(2) and 12(2).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 ss 11(2B) and 12(3).
- (CTH) Crimes Act 1914, s. 89(1). The maximum penalty is $1100. “Prohibited Commonwealth land” must be identified with a notice to the effect that trespassing upon the land is prohibited: (CTH) Crimes Act 1914 s 89(5).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 ss 11(1) & 12(1). The maximum penalty is $1100. The defence of reasonable excuse exists under 11(2B) and 12(5).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 ss 11(2) & 12(2). The maximum penalty is $2200.
- (CTH) Public Order (Protection of Persons and Property) Act 1971 ss 6(2) & 15(2). The maximum penalty is 12 months gaol.
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 7(1). The maximum punishment is three years imprisonment: s 7(1).
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 6(1). The maximum penalty is $2200.
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 6(3). The maximum penalty is $2200.
- (CTH) Public Order (Protection of Persons and Property) Act 1971 s 15(1) and (3). The maximum penalty is $2200: s 15(1).
- (CTH) Crimes Act 1914 s 28. The maximum penalty is 3 years imprisonment.
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This site was last updated
Wednesday 8 September, 2010
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