What it does
The Public Assemblies Act 1972 (SA) establishes a statutory procedure for organising and conducting assemblies and processions in public places in South Australia. It does three mechanical things.
First, it prescribes what information a notice of an assembly must contain and how and when that notice must be served (s 4(1)-(4)). A notice must state date, starting and finishing times, place or route, boundaries or extent of occupation, halting points and times, the name and address of the person giving the notice, the organiser(s), the purpose of the assembly and an estimate of participant numbers (s 4(1)-(2)). The notice must be served personally or by post at least four days before the assembly on one of three state actors: the Chief Secretary, the Commissioner of Police or the clerk of the municipal/district council for the area where the event will be held; the recipient must then inform the other two without delay (s 4(4)).
Second, it establishes an objection-and-determination process. The Chief Secretary, the Commissioner of Police or the relevant council may object to any proposal in a notice on the ground that its effect would unduly prejudice the public interest; the objection must set out the grounds and be served and published at least two days before the assembly (s 4(6)-(8)). Where an objection has been made, any person who proposes to participate may apply to a Judge of the Local and District Criminal Court for a determination; the Judge may quash the objection, approve the original proposals or approve other proposals, and proceedings may be heard without formality (s 5(1)-(3)).
Third, the Act creates an immunity regime for participants who act in conformity with “approved proposals”. If conduct conforms with approved proposals, a participant may occupy or proceed over the specified portions of public places and, in doing so, does not incur civil or criminal liability by reason only of obstruction of a public place; that lawfulness is declared to be notwithstanding any other Act or law regulating movement of traffic or pedestrians or relating to use or obstruction of a public place (s 6(1)-(2)). “Approved proposals” are defined as either proposals given in accordance with s 4 against which no objection has been made, or proposals approved by a Judge under s 5 (s 3).