Part 3AOffences relating to public order

Part 3A—Offences relating to public order 83A—Interpretation violence means any violent conduct, so that— (a) except for the purposes of section 83C, it includes violent conduct towards property as well as violent conduct towards persons; and (b) it is not restricted to conduct causing or intended to cause injury or damage but includes any other violent conduct. Throwing at, or towards, a person a missile of a kind capable of causing injury which does not hit, or falls short of, the person. 83B—Riot (1) Where 12 or more persons who are present together use or threaten unlawful violence for a common purpose and the conduct of them (taken together) is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety, each of the persons using unlawful violence for the common purpose is guilty of riot. (2) It is immaterial whether or not the 12 or more persons use or threaten unlawful violence simultaneously. (3) The common purpose may be inferred from conduct. (4) No person of reasonable firmness need actually be, or be likely to be, present at the scene. (5) Riot may be committed in private as well as in public places. (6) A person is guilty of riot only if the person intends to use violence or is aware that his or her conduct may be violent. (7) Subsection (6) does not affect the determination for the purposes of subsection (1) of the number of persons who use or threaten violence. (8) If at a trial of a person for riot the jury is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of the offence constituted by section 6A of the Summary Offences Act 1953 (violent disorder), the jury may bring in a verdict that the accused is guilty of that offence. 83C—Affray (1) A person who uses or threatens unlawful violence towards another and whose conduct is such as would cause a person of reasonable firmness present at the scene to fear for his or her personal safety is guilty of affray. (2) If 2 or more persons use or threaten the unlawful violence, it is the conduct of them taken together that must be considered for the purposes of subsection (1). (3) For the purposes of this section, a threat cannot be made by the use of words alone. (4) No person of reasonable firmness need actually be, or be likely to be, present at the scene. (5) Affray may be committed in private as well as in public places. (6) A person is guilty of affray only if the person intends to use or threaten violence or is aware that his or her conduct may be violent or threaten violence. (7) An offence of affray may be charged on complaint and be prosecuted and dealt with by the Magistrates Court as a summary offence but, if the Court determines that a person found guilty of such an offence should be sentenced to a term of imprisonment exceeding 2 years, the Court must commit the person to the District Court for sentence. (8) For the avoidance of doubt, a person who is convicted of the offence of affray that has been prosecuted and dealt with as a summary offence in accordance with subsection (7) is, despite that fact, taken to have been convicted of an indictable offence for the purposes of any Act or law. 83CA—Information for terrorist acts (1) A person who, without reasonable excuse— (a) collects or makes a record of information of a kind likely to be of practical use to a person committing or preparing a terrorist act; or (b) has possession of a document or record containing information of that kind, (2) If a court finds a person guilty of an offence against this section, the court may order the forfeiture of anything that has been seized and consists of, or contains, material to which the offence relates or consists of equipment used for the commission of the offence. (3) A court making an order for forfeiture of any equipment or item under subsection (2) may, if it thinks fit, allow the offender or any other person an opportunity to retrieve (in accordance with any directions of the court) specified records, or other material, not involved in the commission of the offence from the equipment or item before it is so forfeited. Commonwealth Criminal Code means the Criminal Code set out in the Schedule to the Criminal Code Act 1995 of the Commonwealth, or a law of the Commonwealth that replaces that Code; terrorist act has the same meaning as in Part 5.3 of the Commonwealth Criminal Code.