Participation in an unlawful assembly that is described or described by another authorized body/body is a criminal offence. The crime of participating in an illegal assembly carries a maximum penalty of 12 months in prison or a fine of $12,000. Section 68B of the Criminal Code Act 1913 (WA) prohibits any form of personal arm in the vicinity of a legally dark place as a place of public entertainment. It includes a place where a general activity exists or takes place. It is a criminal offence to participate in or organize an uncontrolled gathering. If the meeting is held in person, with the consent or support of a parent or guardian, they are also guilty. Active participation in the organization of an uncontrolled gathering is a criminal offence. Any armed person in a public place without sufficient legal reason is guilty of a criminal offence under the law. If the case is heard summarily in district court, it will result in 3 years in prison and a $36,000 fine.

Deterrence, just punishment and equality among accomplices are punitive objectives relevant to sedition offences. However, there are few published decisions on these offences in Victoria, so no general statement can be made about current criminal practice. It is legal and well established, under section 64 of the Act, for a magistrate, police officer or authorized person to verbally disperse an unlawful assembly. Participants must follow this distribution order as indicated and reasonable in order. Section 93B of the Crimes Act 1900 (NSW) defines a riot in which twelve or more persons collectively use or threaten to use unlawful violence against other persons or property for a common purpose. Such unlawful violence refers to any illegal or harmful behavior. For example, these actions may include kicking, hitting, pushing, throwing objects, or damaging property. An unlawful assembly is a gathering of five or more people whose purpose is to force a person, through intimidation or injury, to do something they are not legally required to do. There are several possible penalties for riots in New South Wales. These sanctions include: In 2019, calls were made to “review two decades of `fragmentary` legislation that restricts freedom of protest at both the state and federal levels.” The call came a week after protests and civil disobedience by Extinction Rebellion in Sydney, New South Wales, led to the arrest of scores of protesters.

[7] Many arrested protesters, including former Green Party MP Scott Ludlam, had imposed “absurd” and possibly illegal bail conditions by New South Wales police, restricting protesters` freedom of assembly and association. [8] However, the coalition government of New South Wales has stated that it has no intention of revising the laws on protests. [7] The Protection of Persons and Property Act, 1971,[2] sets out the application of the Act in cases where public meetings or demonstrations are held on protected land or against a protected person. The law describes how certain public demonstrations can lead to arrest or legal action. Section 8 of the Act states:[2] Western Australia has its own legislation prohibiting certain types of demonstrations. These prohibitions are outlined in An Act to amend the Criminal Code (Prevention of Lawful Activity). [13] The law shows that a demonstration can be considered illegal or that its members can be arrested in circumstances of trespassing and intent to harm. The offence of sedition under section 93B of the Criminal Offences Act 1900 (NSW) is punishable by severe penalties of up to 15 years` imprisonment. The ripple effect of a conviction is also devastating. This could involve difficulties in finding a job and other consequences. Therefore, anyone charged with sedition should consult an experienced New South Wales criminal defence lawyer to possibly avoid conviction.

The crime of sedition is an offence listed in Table 1. Therefore, the prosecution or the accused may bring the case before the District Court. However, if neither party chooses it, the District Court will hear the case. In addition, there are several defences for a person charged with sedition. Section 62 (4) of the Criminal Code Act 1913 (WA) lists a riot which may occur when an unlawful assembly (described above) leads to a turbulent manner which disturbs the peace. People riot when their actions disturb the peace and tranquility of the community or make them fear for their lives under reason. In 2018, the centre-right coalition government of New South Wales passed anti-protest laws, which came into force on July 1 of that year. The laws would give junior government bureaucrats sweeping powers to ban protests. The laws were described by a university professor as a “fundamental attack on democracy.” [6] Section 74A of the Act prohibits any act that constitutes a disturbance of public order or disorderly conduct in a public space. Paragraphs 1 and 2 set out specific conditions for this offence: Section 83 of the Forest Act makes it an offence to obstruct, obstruct or delay an official authorized under the Forest Act (including the police). This includes a fine of up to 20 units or 50 penalty units if the officer is attacked, threatened or intimidated.

A person charged with sedition may defend the charge by arguing: Section 93C of the Crimes Act makes it a criminal offence to use or threaten to use unlawful force against a person in a manner that would frighten a reasonably determined and courageous person. This is called a case and carries a maximum prison sentence of 10 years. The right to freedom of political expression, including peaceful protest, is protected by the Australian Constitution. A person cannot be accused of participating in a political demonstration. However, there are a number of crimes that can result from participating in protests when certain limits are exceeded.