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Knowingly Joining or Continuing in an Unlawful Assembly

Knowingly Joining or Continuing In an Unlawful Assembly is an offence under Section 545C of the Crimes Act 1900 which carries a maximum penalty of 6 months in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You knowingly joined or continued in a public assembly, and
  2. The assembly was unlawful

Assemblies include protests, demonstrations and processions.

They are public if they are conducted on a public road, public reserve or any other place which the public are entitled to use.

An assembly is unlawful unless it complies with the provisions of Part 4 of the Summary Offences Act 1988 which sets out a range of rules and requirements which must be complied with before a proposed assembly can be regarded as lawful.

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