Version incorporating amendments as at
6 September 2023
table of provisions
Section Page
1 Short title, commencement and division 1
2 Repeal and savings 1
Part I—Unlawful assemblies 3
5 Riotous meetings 3
6 Persons not dispersing after notice guilty of a misdemeanour 3
7 Not to extend to meetings for election of members of Parliament 4
9 Form of procedure 4
Part II—Party processions 5
10 Unlawful processions and assemblies 5
11 Magistrate to disperse such processions 5
12 Persons refusing to disperse to be apprehended and punished 6
Part III—Special constables 7
13 Magistrate may appoint special constables 7
14 Penalty for refusing to take the oath or affirmation of office 8
15 Non-residents may be appointed as special constables 9
16 Powers of special constables 9
17 Punishment for assaulting or resisting constables 10
18 Magistrates may make regulations respecting special constables and may remove them for misconduct 10
19 Power in special sessions to discontinue the services of constables 10
20 Special constables to deliver arms etc. to successors 11
21 Magistrates' Courts may order allowances to the special constables 11
24 Nothing here contained to abridge the power of justices 12
25 No formal information required 12
Part IV—Riotously disturbed districts 13
26 Definition 13
27 Magistrates' Court may summon jury 13
28 Constitution of jury 13
29 Court may summon witnesses 14
30 Jury shall by verdict define the area disturbed and fix date since when disturbed 14
31 Verdict of seven the verdict of all 14
32 Governor in Council may proclaim disturbed district as defined 14
33 Proclamation shall bring district under the operation of this Part 15
34 Losses in proclaimed districts to be levied from inhabitants thereof 15
35 Appointment of commissioner for each proclaimed district 15
36 Expense of commissioner to be levied from inhabitants of proclaimed district 16
37 Time and place of claims for compensation for losses in proclaimed district 16
38 Claimant for losses by the Crown 16
39 Requisites of claim 16
40 Notice when and where commissioner will investigate claims 17
41 Summoning of jury to try claims 17
42 Commissioner may summon witnesses 17
43 Mode of impanelling jury of assessors to try each claim 18
44 Matters to be tried by the commissioner and assessors in each claim 18
45 Conditions under which an award may be made in favour of a claimant 19
46 Unsuccessful claimant made liable for costs 19
47 Summary process to recover such costs 19
48 Expenses of enforcing Act to be levied from inhabitants of proclaimed district 20
49 Census to be taken of inhabitants of proclaimed district for apportioning amounts charged 20
50 Commissioner to publish census etc. 20
51 Commissioner to investigate objections and determine on them 21
52 Final adjustment to be published 21
53 Summary proceedings to recover assessment from defaulters 21
54 Commissioner to pay into Treasury all receipts and give certificates to claimants 22
55 Payment out of Treasury after deducting expenses 22
Schedule 23
Endnotes 24
1 General information 24
2 Table of Amendments 26
3 Explanatory details 28
Version No.029
Unlawful Assemblies and Processions Act 1958
No. 6406 of 1958
Version incorporating amendments as at
6 September 2023
An Act to consolidate the Law relating to Unlawful Assemblies and Processions Special Constables and Riotously Disturbed Districts.
BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):
1 Short title, commencement and division
This Act may be cited as the Unlawful Assemblies and Processions Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette, and is divided into Parts as follows:
Part I—Unlawful Assemblies ss 3–9
Part II—Party Processions ss 1–12
Part III—Special Constables ss 13–25
Part IV—Riotously Disturbed Districts ss 26–55.
2 Repeal and savings
(1) The Act mentioned in the Schedule to the extent thereby expressed to be repealed is hereby repealed accordingly.
(2) Except as in this Act expressly or by necessary implication provided—
(a) all persons things and circumstances appointed or created by or under the repealed Act or existing or continuing under that Act immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if that Act had not been so repealed;
(b) in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation order appointment notice award compensation certificate information subpoena summons warrant distress charge claim liability or right made effected issued granted given presented passed fixed levied accrued incurred or acquired or existing or continuing by or under that Act before the commencement of this Act.
Part I—Unlawful assemblies
S. 3
repealed by No. 4/2001 s. 30.
S. 4
amended by No. 9945 s. 3(3)(Sch. 2 item 36), repealed by No. 4/2001 s. 30.
No. 3796 s. 5.
S. 5
amended by No. 9902 s. 2(1)(Sch. item 258).
5 Riotous meetings
It shall not be lawful for any persons to assemble together riotously and tumultuously and to the disturbance of the public peace at any place in Victoria; and if persons so unlawfully riotously and tumultuously assembled or any of them happen to be killed maimed or hurt in the dispersing seizing or apprehending or endeavouring to disperse seize or apprehend them, the persons so dispersing seizing or apprehending or endeavouring to disperse seize or apprehend the offenders shall be free discharged and indemnified of for and concerning the killing maiming or hurting of any such person or persons so unlawfully assembled as aforesaid.
No. 3796 s. 6.
S. 6
amended by Nos 9576 s. 11(1), 57/1989 s. 3(Sch. item 206.1), 25/2023 s. 7(Sch. 1 item 30.1).
6 Persons not dispersing after notice guilty of a misdemeanour
Any magistrate shall and may proceed with or without assistance to the place where any meeting or assembly prohibited by this Part is held or takes place; and such magistrate shall then and there read or repeat aloud to the persons then and there present a notice in the words or to the effect following:
"Our Sovereign doth strictly charge and command all manner of persons here assembled immediately to disperse themselves and peaceably depart to their own homes."
And if any one or more of the persons so met or assembled together wilfully and knowingly oppose obstruct or in any manner wilfully and knowingly let hinder or hurt any magistrate who begins to read or repeat aloud the notice hereinbefore mentioned so that the same shall not be read or repeated as aforesaid, or after the expiration of fifteen minutes after such notice has been read or repeated or has been so hindered as aforesaid from being read or repeated remain in attendance at such assembly, he or they shall be deemed and taken to be guilty of an indictable offence.
No. 3796 s. 7.
7 Not to extend to meetings for election of members of Parliament
Nothing hereinbefore contained shall by any construction whatever be deemed or taken to apply to or affect any meeting or assembly convened called together or holden for the purpose or in the course of any election of any member to serve in Parliament, or any persons attending such meeting or assembly, or any persons attending upon the business of either House of Parliament.
S. 8
repealed by No. 8247 s. 5.
No. 3796 s. 9.
9 Form of procedure
In all proceedings under this Part it shall be sufficient to state the offence in the words of the enactment.
Part II—Party processions
No. 3796 s. 10.
S. 10 amended by Nos 9576 s. 11(1), 25/2023 s. 7(Sch. 1 item 30.2).
10 Unlawful processions and assemblies
Any body of persons who meet and parade together or join in procession or who assemble in any public house tavern or other place within Victoria for the purpose of celebrating or commemorating any festival anniversary or political event relating to or connected with any religious or political distinction or differences between any classes of His Majesty's subjects or of demonstrating any such religious or political distinction or difference, and who bear wear or have among them any fire-arms or other offensive weapons or have publicly exhibited any banner emblem flag or symbol the display whereof may be calculated to provoke animosity between His Majesty's subjects of different religious persuasions or who are accompanied by any music of a like nature or tendency, shall be and be deemed to be an unlawful assembly; and every person present thereat shall be and be deemed to be guilty of an indictable offence and shall upon conviction thereof be liable to be punished accordingly: Provided that nothing in this Part shall extend to any procession or assemblage held in the course of any election of any member to serve in the Parliament of Victoria.
No. 3796 s. 11.
S. 11 amended by Nos 9549 s. 2(1)(Sch. item 234), 57/1989 s. 3(Sch. item 206.2(a)–(c)), 25/2023 s. 7(Sch. 1 item 30.3).
11 Magistrate to disperse such processions
Any magistrate shall and may proceed with such assistance as is necessary to the place where any procession or meeting of persons declared by this Part to be unlawful is held or takes place; and such magistrate or some other person by his order shall then and there read or repeat aloud to the persons so assembled a command or notice to disperse in the words or to the effect following (that is to say):
"Our Sovereign doth command and charge all persons being here assembled immediately to disperse themselves and peaceably to depart to their own homes."
No. 3796 s. 12.
S. 12 amended by Nos 57/1989 s. 3(Sch. item 206.3(a)–(g)), 6/2018 s. 68(Sch. 2 item 129.1).
12 Persons refusing to disperse to be apprehended and punished
The persons so assembled together shall forthwith disperse and depart; and in case any one or more of the persons so met or assembled together as aforesaid do not disperse and depart within the space of one quarter of an hour from the time of such notice or command being given, it shall be lawful for the same magistrate who has read such command or notice or any other magistrate to cause the person or persons so refusing or neglecting to disperse or depart to be arrested by a warrant for that purpose to be signed by the magistrate; and such offender or offenders shall thereupon be proceeded against in a summary way for such offence before the Magistrates' Court before which he or they may be brought and the Magistrates' Court is hereby authorized to hear and determine the charge; and every person convicted thereof on the oath or affirmation of one or more credible witness or witnesses shall be committed to any gaol and there be imprisoned for a term of not more than one month and for a second or any subsequent conviction under the provisions of this Part for a term of not more than three months.
Part III—Special constables
No. 3796 s. 13.
S. 13 amended by Nos 9549 s. 2(1)(Sch. item 236), 9576 s. 11(1), 12/1989 s. 4(1)(Sch. 2 item 121.1), 57/1989 s. 3(Sch. item 206.4(a)–(i)), 6/2018 s. 68(Sch. 2 item 129.2), 33/2018 s. 106, 25/2023 s. 7(Sch. 1 item 30.4).
13 Magistrate may appoint special constables[[1]](#endnote-2)
In all cases where it is made to appear to any magistrate upon the oath or affirmation of any credible witness that any tumult riot or indictable offence has taken place or may be reasonably apprehended in any municipal district, and such magistrate is of opinion that the ordinary constables or officers appointed for preserving the peace are not sufficient for the preservation thereof and for the protection of the inhabitants and the security of the property in the said municipal district, or where without such oath or affirmation or evidence as aforesaid any magistrate is of the opinion that the constables or officers aforesaid are not sufficient for the preservation protection or security as aforesaid or for the apprehension of any offenders, it shall be lawful for such magistrate to nominate and appoint by precept in writing signed by the magistrate so many fit and competent persons not being legally exempt from serving the office of constable as the magistrate thinks fit to act as special constables for such time and in such manner as to the magistrate seems fit and necessary for the public peace and for the protection of the inhabitants and the security of the property in such municipal district; and any magistrate may administer to every person so appointed an oath or affirmation in the words or to the effect following (that is to say):
"I [insert name] [swear by Almighty God/do solemnly and sincerely affirm] that I will well and truly serve Our Sovereign in the office of special constable for the [municipal district] of [ ] without favour or affection malice or ill-will; and that I will to the best of my power cause the peace to be kept and preserved and prevent all offences against the persons and property of His Majesty's subjects; and that while I continue to hold the said office I will to the best of my skill and knowledge discharge all the duties thereof faithfully according to law:"
S. 13
proviso amended by Nos 9549 s. 2(1)(Sch. item 235), 57/1989 s. 3(Sch. item 206.4(e)).
Provided always that whenever it is deemed necessary to nominate and appoint such special constables as aforesaid, notice of such nomination and appointment and of the circumstances which have rendered such nomination and appointment necessary shall be forthwith transmitted by the magistrate making such appointment to the Minister.
No. 3796 s. 14.
S. 14 amended by Nos 9549 s. 2(1)(Sch. item 237), 12/1989 s. 4(1)(Sch. 2 item 121.2), 57/1989 s. 3(Sch. item 206.5(a)–(e)) (as amended by No. 34/1990 s. 5(Sch. 4 item 88)), 10/2004 s. 15(Sch. 1 item 32.1), 6/2018 s. 68(Sch. 2 item 129.4).
14 Penalty for refusing to take the oath or affirmation of office
Every person so residing within such municipal district as aforesaid who being appointed a special constable as aforesaid refuses to take the oath or affirmation lastly hereinbefore mentioned when thereunto required by the magistrate so appointing him or by any other magistrate, shall on conviction thereof in a summary way before the Magistrates' Court be liable to a penalty of not more than 0⋅1 penalty unit. And every person being appointed a special constable as aforesaid who neglects or refuses to appear at the time and place for which he is summoned for the purpose of taking the said oath or affirmation, or having been appointed a special constable as aforesaid and being called upon to serve neglects or refuses to serve as such special constable or to obey such lawful orders and directions as may be given to him for the performance of the duties of his office; shall on conviction in a summary way before the Magistrates' Court for every such neglect be liable to a penalty of not more than 0⋅1 penalty unit, unless such person proves to the satisfaction of the Magistrates' Court that he was prevented by sickness or other such unavoidable cause as in the judgment of the Magistrates' Court is a sufficient excuse.
No. 3796 s. 15.
15 Non-residents may be appointed as special constables
All persons willing to act as special constables under the provisions of this Part shall be capable of being appointed and acting and may be appointed and act as such special constables, notwithstanding they may not be resident in such city borough town or district as aforesaid or in the neighbourhood thereof; and every person appointed and acting as a special constable under the provisions of this section shall have all the same powers and be entitled to and enjoy all the same privileges and benefits and be subject to all the same duties and liabilities as the special constables appointed or to be appointed under the other provisions of this Part.
No. 3796 s. 16.
S. 16 amended by Nos 12/1989 s. 4(1)(Sch. 2 item 121.3), 57/1989 s. 3(Sch. item 206.6).
16 Powers of special constables
Every special constable appointed under this Part shall, not only within the municipal district for which he has been appointed but also throughout Victoria, have exercise and enjoy all such powers authorities advantages and immunities and be liable to all such duties and responsibilities as any constable duly appointed now has by virtue of the common law or of any enactment in force in Victoria.
No. 3796 s. 17.
S. 17 amended by Nos 57/1989 s. 3(Sch. item 206.7), 10/2004 s. 15(Sch. 1 item 32.2), 37/2014 s. 10(Sch. item 174).
17 Punishment for assaulting or resisting constables
Every person who assaults or resists any special constable whilst in the execution of his office or promotes or encourages any other person so to do, shall be liable to a penalty for such offence of not more than 0⋅4 penalty unit, or shall be liable to such other punishment upon conviction on any charge for such offence as any persons are by law liable to for assaulting a police officer within the meaning of the Victoria Police Act 2013 in the execution of the duties of his office.
No. 3796 s. 18.
S. 18 amended by Nos 12/1989 s. 4(1)(Sch. 2 item 121.4), 57/1989 s. 3(Sch. item 206.8) (as amended by No. 34/1990 s. 5(Sch. 4 item 89)).
18 Magistrates may make regulations respecting special constables and may remove them for misconduct
The magistrates who have appointed any special constables under this Part, or any other magistrate, shall have power to make such orders and regulations as may from time to time be necessary and expedient for rendering such special constables more efficient for the preservation of the public peace; and shall also have power to remove any such special constable from his office for any misconduct or neglect of duty therein.
No. 3796 s. 19.
S. 19 amended by Nos 9549 s. 2(1)(Sch. item 235), 12/1989 s. 4(1)(Sch. 2 item 121.5), 57/1989 s. 3(Sch. item 206.9) (as amended by No. 34/1990 s. 5(Sch. 4 item 90)).
19 Power in special sessions to discontinue the services of constables
The magistrates who have appointed any special constables under this Part, or any other magistrate shall have power to suspend or determine the services of all or any of the said special constables as to the magistrates or magistrate seems meet; and notice of such suspension or determination of the services of all or any of the said special constables shall be forthwith transmitted to the Minister.
No. 3796 s. 20.
S. 20 amended by Nos 12/1989 s. 4(1)(Sch. 2 item 121.6), 57/1989 s. 3(Sch. item 206.10) (as amended by No. 34/1990 s. 5(Sch. 4 item 91)), 10/2004 s. 15(Sch. 1 item 32.3).
20 Special constables to deliver arms etc. to successors
Every special constable shall forthwith after the expiration of his office or after he ceases to hold and exercise the same pursuant to this Part deliver over to his successor (if any such has been appointed) or otherwise to such person and at such time and place as may be directed by any magistrate all arms staves weapons and other articles which have been provided for such special constable under this Act; and every such special constable who omits or refuses so to do shall be liable to a penalty of not more than 0⋅1 penalty unit.
No. 3796 s. 21.
S. 21 amended by Nos 9019 s. 2(1)(Sch. item 229), 9549 s. 2(1)(Sch. items 235, 238), 12/1989 s. 4(1)(Sch. 2 item 121.7), 57/1989 s. 3(Sch. item 206.11
(a)–(d)) (as amended by No. 34/1990 s. 5(Sch. 4 item 92)).
21 Magistrates' Courts may order allowances to the special constables
The Magistrates' Court is empowered to order from time to time such reasonable allowances for the trouble loss of time and expenses to be paid to such special constables who have so served or are then serving as to the Court seems proper; and the Court may also order the payment of such expenses as may have been incurred in providing arms staves weapons or other necessary articles for such special constables; and the Court shall make every order for the payment of such allowances and expenses upon the Minister, who is hereby required to procure proper warrants for the payment of the same out of any part of the Consolidated Fund appropriated for the purpose: Provided that it shall be lawful for the Governor in Council to disallow any such order as he considers excessive.
No. 3796 s. 22.
S. 22
repealed by No. 57/1989 s. 3(Sch. item 206.12).
No. 3796 s. 23.
S. 23 amended by No. 9549 s. 2(1)(Sch. item 239), repealed by No. 57/1989 s. 3(Sch. item 206.12).
No. 3796 s. 24.
24 Nothing here contained to abridge the power of justices
Nothing in this Part contained shall be construed to abridge any powers for preserving the public peace whether by appointing constables or otherwise which any justice or justices had by law before the coming into operation of this Act.
No. 3796 s. 25.
S. 25 amended by No. 57/1989 s. 3(Sch. item 206.13(a)–(d)).
25 No formal information required
In proceedings for any penalty or forfeiture under this Part it shall not be necessary to file any formal charge; and no complaint conviction or other proceeding before or by the Magistrates' Court under this Part shall be quashed, or set aside or deemed void or insufficient for want of form only, or be removed or removeable by certiorari or any other process whatsoever into the Supreme Court.
Part IV—Riotously disturbed districts
No. 3796 s. 26.
26 Definition
The word habitation and the word premises used in this Part shall include any shop store curtilage warehouse booth shed hut tent stall or other building or erection used as a human habitation.
No. 3796 s. 27.
S. 27 amended by Nos 9019 s. 2(1)(Sch. item 229), 57/1989 s. 3(Sch. item 206.14(a)–(d)).
27 Magistrates' Court may summon jury
If the Magistrates' Court sitting at a venue within any district in Victoria is of opinion that such district is or has been within twenty days in a state of disturbance, the Magistrates' Court may cause so many not fewer than twenty as it thinks fit of the jurors on the special jurors' list for such district to be summoned to meet upon a day named in such summons.
No. 3796 s. 28.
S. 28 amended by Nos 57/1989 s. 3(Sch. item 206.15(a)(b)), 6/2018 s. 68(Sch. 2 item 129.5).
28 Constitution of jury
On such day the Magistrates' Court shall proceed to call over the names of the jurors summoned and take down the names of those who answer; and the first ten so taken down and against whom no valid objection is raised shall be the jurors to try the issue hereinafter mentioned; the jurors so chosen shall be sworn or affirmed before the Magistrates' Court; and the Court shall administer to such jurors so chosen an oath or affirmation well and truly to find whether the said district or any part thereof is or has been in a state of disturbance; and the jurors so chosen and sworn or affirmed shall thereupon proceed to hear and receive evidence on the state of such district and shall inquire into and find the affirmative or negative of such issue.
No. 3796 s. 29.
S. 29 amended by Nos 9549 s. 2(1)(Sch item 240), 57/1989 s. 3(Sch. item 206.16(a)(b)), 6/2018 s. 68(Sch. 2 item 129.6).
29 Court may summon witnesses
The Magistrates' Court shall issue witness summonses for the attendance of any necessary witnesses, and in reference to such witnesses and the said jurors shall have the like and the same powers to punish any neglect to attend or refusal to be sworn or affirmed or to give evidence or any other contempt as are possessed by the County Court or a Judge of the County Court.
No. 3796 s. 30.
30 Jury shall by verdict define the area disturbed and fix date since when disturbed
If such jurors find that the said district or any part thereof is or has been in such state of disturbance, they shall also find the date as nearly as may be at which such district first was or became in such state and shall also determine and define the boundaries and limits within which such state of disturbance existed or exists: Provided that no such boundaries or limits shall include any portion of more than one police district.
No. 3796 s. 31.
S. 31 amended by No. 57/1989 s. 3(Sch. item 206.17(a)(b)).
31 Verdict of seven the verdict of all
The verdict of not less than seven of such jurors shall be considered and taken as the verdict of the whole; and if such verdict is that such district within the boundaries to be defined as aforesaid is or has been in a state of disturbance, the Magistrates' Court shall immediately certify the same to the Governor.
No. 3796 s. 32.
32 Governor in Council may proclaim disturbed district as defined
Thereupon the Governor in Council if he thinks fit may proclaim such district so defined as aforesaid to be or to have been in a state of disturbance according to the meaning of this Part.
No. 3796 s. 33.
33 Proclamation shall bring district under the operation of this Part
Such proclamation shall notify and define the limits or boundaries of such district and shall be published in the Government Gazette; and upon such publication such district so defined shall become subject to the operation of this Part.
No. 3796 s. 34.
34 Losses in proclaimed districts to be levied from inhabitants thereof
The value of any private or public property whether real or personal which is wilfully and unlawfully injured or destroyed in such proclaimed district after the date at which it has been found that such district first was or became in such state of disturbance as aforesaid shall be assessed; and such value so assessed shall be charged upon such proclaimed district and levied upon and paid for by the inhabitants thereof in the manner and with the restrictions and provisions hereinafter mentioned.
No. 3796 s. 35.
35 Appointment of commissioner for each proclaimed district
Upon publication of any such proclamation the Governor in Council shall appoint a fit and proper person to be a commissioner for the purpose from time to time of investigating and ascertaining the amount of expense which has been and may be incurred by enforcing this Part within the district proclaimed in such proclamation, and the amount of loss or damage which any person in such a district has sustained in or by any riot or disturbance which has taken place in such district, and for otherwise acting in conformity with this Part; and the Governor in Council may remove such commissioner and appoint another or other in his place as to the Governor in Council seems fit.
No. 3796 s. 36.
36 Expense of commissioner to be levied from inhabitants of proclaimed district
Any expense which is incurred for the salary or emoluments of the commissioner or his clerks or assistants or for any jurors rate collectors or assessors or for the rent of any office or other necessary buildings or in any other manner in carrying out the provisions of this Part shall be charged upon such proclaimed district, and levied upon and paid by the inhabitants thereof in manner hereinafter provided.
No. 3796 s. 37.
37 Time and place of claims for compensation for losses in proclaimed district
The commissioner appointed for any district shall as soon as conveniently may be give notice of a time and place when and where may be sent to him and will be received by him all statements of claims by persons who have sustained any loss or damage by such injury or destruction as aforesaid.
No. 3796 s. 38.
38 Claimant for losses by the Crown
If any public building or works or other property real or personal belonging to the Crown have been destroyed or have suffered damage by any disturbance within any proclaimed district, the person left or being in charge of any such buildings works or property shall for the purposes of this Part be deemed taken and allowed to be the claimant for the amount of the loss or damage sustained.
No. 3796 s. 39.
39 Requisites of claim
Every statement of claim shall be in writing, and shall distinctly state the exact nature and extent of the injury or destruction sustained, the value of the property injured or destroyed, the date and place when and where such injury or destruction took place, the names and residences of all persons whom the claimant knows or believes to have been present or active in inflicting such injury or destruction, and a detail of what measures the claimant has taken to bring the offending parties to justice and prevent such injury or destruction or recover from them the amount of the injury and destruction thus by them inflicted.
No. 3796 s. 40.
40 Notice when and where commissioner will investigate claims
Upon the receipt of any such statement of claim the commissioner shall appoint a convenient time and place, and shall give to all parties interested notice when and where such statement will be investigated as hereinafter provided.
No. 3796 s. 41.
41 Summoning of jury to try claims
So soon as the time named by the commissioner of any proclaimed district for transmission of statements of claims as aforesaid has expired, and seven days before the day named for investigating such statements, the commissioner shall cause to be summoned from the list of special jurors for such district or any part thereof not less than twenty jurors for such investigation.
No. 3796 s. 42.
S. 42 amended by Nos 9549 s. 2(1)(Sch. item 241), 57/1989 s. 3(Sch. item 206.18), 6/2018 s. 68(Sch. 2 item 129.6).
42 Commissioner may summon witnesses
Such commissioner shall issue witness summonses for the attendance of any person whose evidence he may think it necessary to take; and during such investigation he shall in reference to such jurors witnesses and other persons have the like and the same powers to punish any neglect to attend or refusal to be sworn or affirmed or to give evidence or any other contempt as are possessed by the County Court or a Judge of the County Court.
No. 3796 s. 43.
43 Mode of impanelling jury of assessors to try each claim
On the day on which such jurors have been summoned to attend the said commissioner shall proceed to call over the names of the jurors thus summoned and take down the names of those who answer; and if any objection is made against any of such jurors by any house-holder or other interested party on such grounds as are allowed by such commissioner, such juror shall be rejected; and when such list of those who answer shall be completed to ten against whom no objection has been allowed, the same list shall be submitted to the claimant who may attend personally or by his agent or attorney and who may strike off from such list five names; and the remaining five persons shall be assessors with the said commissioner to assess and award the amount (if any) to which such claimant is entitled.
No. 3796 s. 44.
44 Matters to be tried by the commissioner and assessors in each claim
Such commissioner and assessors shall proceed to ascertain (firstly) whether the injury or destruction for which such compensation is claimed was wilfully and unlawfully committed, whether such injury or destruction might not have been prevented by reasonable diligence or caution on the part of the person claiming, whether such person so claiming has used reasonable diligence to bring the guilty parties to justice, and whether by reasonable diligence he might not have recovered from the offending persons the amount of such injury or destruction; and (secondly) what amount of damage for the injury or destruction so sustained should be awarded to such claimant.
No. 3796 s. 45.
45 Conditions under which an award may be made in favour of a claimant
If the said commissioner and assessors are of opinion that such injury or destruction was wilfully or unlawfully committed, and that such claimant could not by reasonable diligence or exertion have prevented such injury or destruction, that such claimant has used reasonable diligence to bring the guilty person to justice, and that such claimant could not by any reasonable diligence have recovered from the offending persons the amount of such injury or destruction, such commissioner and assessors shall ascertain and award to such claimant such amount of damage or compensation as to such commissioner and assessors seems right and proper.
No. 3796 s. 46.
46 Unsuccessful claimant made liable for costs
If such commissioner and assessors find that such claimant has not under this Part any right to any compensation or amount for any damages injury or destruction alleged to have been sustained by him, such claimant shall at the discretion of such commissioner be liable to any expenses incurred in consequence of such claim whether for the payment or jurors the expenses of witnesses or otherwise.
No. 3796 s. 47.
S. 47 amended by Nos 9019 s. 2(1)(Sch. item 230), 57/1989 s. 3(Sch. item 206.19).
47 Summary process to recover such costs
Such expenses shall be assessed by such commissioner and assessors, and may be recovered by proceedings in a summary way before the Magistrates' Court.
No. 3796 s. 48.
48 Expenses of enforcing Act to be levied from inhabitants of proclaimed district
The commissioner after having ascertained the total amount to be awarded to all the claimants as aforesaid shall proceed to ascertain the amount of expenses incurred in the carrying into effect the provisions of this Part to which shall be added the probable expense of making collecting and enforcing the rate of assessment hereinafter provided; and for the purpose of so ascertaining the amount expended such commissioner shall be furnished with all necessary accounts documents and vouchers and shall certify the amount thereof in writing; and the amount so certified together with the total amount awarded for loss or damage sustained as aforesaid shall be levied upon the inhabitants of the district so proclaimed by way of assessment in manner hereinafter provided.
No. 3796 s. 49.
49 Census to be taken of inhabitants of proclaimed district for apportioning amounts charged
The commissioner shall cause an account to be taken of the number of habitations in such district and of the number of adult persons usually resident in each habitation, and shall then apportion to each habitation an amount to be assessed thereon according to the number of adult persons usually resident therein in proportion to the amount required to be paid by such district, so that each adult inhabitant may be assessed in equal portion as nearly as may be of the total amount to be paid by the district.
No. 3796 s. 50.
50 Commissioner to publish census etc.
The commissioner shall by notice in the Government Gazette and in some one newspaper published in or nearest to such proclaimed district give public notice of the number so taken of the habitations and residents in such district and of the assessments thereon so made, and that he will at a day and place to be fixed in such notice not earlier than seven days from the day of such publication hear and determine upon all such objections to such assessment.
No. 3796 s. 51.
51 Commissioner to investigate objections and determine on them
Such commissioner shall attend on such day and at such place and shall investigate all such objections and may from time to time adjourn such investigation and summon any necessary witnesses to give evidence in regard thereto; and such commissioner shall decide upon such objection and his decision shall be final and conclusive.
No. 3796 s. 52.
52 Final adjustment to be published
Upon the final adjustment of such assessment the said commissioner shall cause notice thereof and of the office or place at which the same must be paid to be published in the Government Gazette and some one newspaper published in or nearest to such district.
No. 3796 s. 53.
S. 53 amended by No. 57/1989 s. 3(Sch. item 206.20(a)(b)).
53 Summary proceedings to recover assessment from defaulters
If after seven days from such publication any person liable to the payment of such assessment neglects or omits to pay the same into the office or place named in such notice, such commissioner may issue a warrant to seize property in respect of the goods and chattels of the owner or occupier of the habitation so assessed; and if sufficient goods and chattels cannot be found upon such premises, such assessment shall remain a charge upon such premises and may at any future time be recovered on or from goods found thereon.
No. 3796 s. 54.
54 Commissioner to pay into Treasury all receipts and give certificates to claimants
On receipt by such commissioner of any part of the sums so assessed he shall pay the same into the Treasury, and shall from time to time give to each person entitled to any such compensation a certificate for the amount unpaid and to which, proportionately to the sums so received as aforesaid and after deduction of the expenses hereinafter mentioned, such person may be then entitled.
No. 3796 s. 55.
55 Payment out of Treasury after deducting expenses
On production of such certificate the Treasurer of Victoria shall, after deducting from the amount so certified by the commissioner the expenses incurred in carrying into execution this Part and ascertained as aforesaid, pay to the party entitled thereto the amount named in such certificate or if the same is for loss or injury on the part of the Crown shall deduct and retain the same.
S. 2.
Schedule
Number of Act
Title of Act
Extent of Repeal
3796
Unlawful Assemblies and Processions Act 1928
The whole
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Unlawful Assemblies and Processions Act 1958, No. 6406 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959, page 893.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Unlawful Assemblies and Processions Act 1958 by Acts and subordinate instruments.