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Police Powers and Responsibilities Act 2000
sec.53BBWhat is an out-of-control event
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### sec.53BB What is an out-of-control event
An event becomes an out-of-control event if—
12 or more persons are gathered together at a place (an event ); and
3 or more persons associated with the event engage in out-of-control conduct at or near the event; and
the out-of-control conduct would cause a person at or near the event—
to reasonably fear violence to a person or damage to property; or
to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.
However, each of the following is not an out-of-control event—
a licensed event;
a major event;
an event that is primarily for the purposes of political advocacy, protest or industrial action;
an authorised public assembly under the Peaceful Assembly Act 1992 , section 7 ;
any event held at a major sports facility under the Major Sports Facilities Act 2001 , section 4 ;
an event prescribed by regulation.
For applying subsection (1) , it is immaterial whether there is or is likely to be a person who—
fears the things mentioned in subsection (1) (c) (i) ; or
suffers in the way mentioned in subsection (1) (c) (ii) .
s 53BB ins 2014 No. 1 s 4
amd 2014 No. 60 s 97
(sec.53BB-ssec.1) An event becomes an out-of-control event if— 12 or more persons are gathered together at a place (an event ); and 3 or more persons associated with the event engage in out-of-control conduct at or near the event; and the out-of-control conduct would cause a person at or near the event— to reasonably fear violence to a person or damage to property; or to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.
(sec.53BB-ssec.2) However, each of the following is not an out-of-control event— a licensed event; a major event; an event that is primarily for the purposes of political advocacy, protest or industrial action; an authorised public assembly under the Peaceful Assembly Act 1992 , section 7 ; any event held at a major sports facility under the Major Sports Facilities Act 2001 , section 4 ; an event prescribed by regulation.
(sec.53BB-ssec.3) For applying subsection (1) , it is immaterial whether there is or is likely to be a person who— fears the things mentioned in subsection (1) (c) (i) ; or suffers in the way mentioned in subsection (1) (c) (ii) .
- (a) 12 or more persons are gathered together at a place (an event ); and
- (b) 3 or more persons associated with the event engage in out-of-control conduct at or near the event; and
- (c) the out-of-control conduct would cause a person at or near the event— (i) to reasonably fear violence to a person or damage to property; or (ii) to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.
- (i) to reasonably fear violence to a person or damage to property; or
- (ii) to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.
- (i) to reasonably fear violence to a person or damage to property; or
- (ii) to reasonably believe a person would suffer substantial interference with their rights and freedoms or peaceful passage through, or enjoyment of, a public place.
- (a) a licensed event;
- (b) a major event;
- (c) an event that is primarily for the purposes of political advocacy, protest or industrial action;
- (d) an authorised public assembly under the Peaceful Assembly Act 1992 , section 7 ;
- (e) any event held at a major sports facility under the Major Sports Facilities Act 2001 , section 4 ;
- (f) an event prescribed by regulation.
- (a) fears the things mentioned in subsection (1) (c) (i) ; or
- (b) suffers in the way mentioned in subsection (1) (c) (ii) .