sec.10AUnlawful assembly

### sec.10A Unlawful assembly If— 3 or more persons are present together for a common purpose; and the conduct of them taken together— would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — poses a risk to the health or safety of a person; or poses a risk to the welfare of an animal; or poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or is likely to directly disrupt the operation of a business carried out on the land; or conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product poses a risk to the safety of food produced for human or animal consumption; each of the persons commits an offence. Maximum penalty— if— the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or otherwise—1 year’s imprisonment. The following are immaterial— whether the original assembling was lawful or unlawful; what the common purpose is and whether it is lawful or unlawful; whether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1) (b) (i) . Subsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 . In this section— unlawful assembly means an assembly of persons who commit the offence under subsection (1) . s 10A ins 2008 No. 55 s 146 amd 2020 No. 3 s 132 (sec.10A-ssec.1) If— 3 or more persons are present together for a common purpose; and the conduct of them taken together— would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — poses a risk to the health or safety of a person; or poses a risk to the welfare of an animal; or poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or is likely to directly disrupt the operation of a business carried out on the land; or conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product poses a risk to the safety of food produced for human or animal consumption; each of the persons commits an offence. Maximum penalty— if— the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or otherwise—1 year’s imprisonment. (sec.10A-ssec.2) The following are immaterial— whether the original assembling was lawful or unlawful; what the common purpose is and whether it is lawful or unlawful; whether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1) (b) (i) . (sec.10A-ssec.2A) Subsection (1) (b) (ii) applies subject to the Industrial Relations Act 2016 . (sec.10A-ssec.3) In this section— unlawful assembly means an assembly of persons who commit the offence under subsection (1) . - (a) 3 or more persons are present together for a common purpose; and - (b) the conduct of them taken together— (i) would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or (ii) if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — (A) poses a risk to the health or safety of a person; or (B) poses a risk to the welfare of an animal; or (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product (E) poses a risk to the safety of food produced for human or animal consumption; - (i) would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or - (ii) if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — (A) poses a risk to the health or safety of a person; or (B) poses a risk to the welfare of an animal; or (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product (E) poses a risk to the safety of food produced for human or animal consumption; - (A) poses a risk to the health or safety of a person; or - (B) poses a risk to the welfare of an animal; or - (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or - (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product - (E) poses a risk to the safety of food produced for human or animal consumption; - (i) would cause a person in the vicinity to reasonably fear that unlawful violence will be used to a person or property; or - (ii) if the conduct unlawfully happens on, or unlawfully affects, land mentioned in section 13 (1) — (A) poses a risk to the health or safety of a person; or (B) poses a risk to the welfare of an animal; or (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product (E) poses a risk to the safety of food produced for human or animal consumption; - (A) poses a risk to the health or safety of a person; or - (B) poses a risk to the welfare of an animal; or - (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or - (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product - (E) poses a risk to the safety of food produced for human or animal consumption; - (A) poses a risk to the health or safety of a person; or - (B) poses a risk to the welfare of an animal; or - (C) poses a biosecurity risk as defined under the Biosecurity Act 2014 ; or - (D) is likely to directly disrupt the operation of a business carried out on the land; or Example of conduct for sub-subparagraph (D)— conduct that stops, or interferes with, the operation of equipment or machinery that is necessary for a business’s production of a product - (E) poses a risk to the safety of food produced for human or animal consumption; - (a) if— (i) the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and (ii) the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or - (i) the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and - (ii) the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or - (b) otherwise—1 year’s imprisonment. - (i) the offender continues to participate in the unlawful assembly after anyone in the assembly has used unlawful violence to a person or property; and - (ii) the offender knows of, or ought reasonably to know of, the violence—2 years imprisonment; or - (a) whether the original assembling was lawful or unlawful; - (b) what the common purpose is and whether it is lawful or unlawful; - (c) whether there is or is likely to be a person in the vicinity who holds the fear mentioned in subsection (1) (b) (i) .