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.