Queensland Consolidated Acts

SUMMARY OFFENCES ACT 2005 - SECT 10A

(1) If—

(a) 3 or more persons are present together for a common purpose; and

(b) 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;

each of the persons commits an offence.

Maximum penalty—

(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

(b) otherwise—1 year's imprisonment.

(2) The following are immaterial—

(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).

(3) In this section—

unlawful assembly means an assembly of persons who commit the offence under subsection (1).