Is there a Legal Right to Protest?

Victoria


SUMMARY OFFENCES ACT 1966 – SECT 6

Direction to move on

(1)     A police officer, or a protective services officer on duty at a designated place, may give a direction to a person or persons in a public place to leave the public place, or part of the public place, if the police officer or protective services officer suspects on reasonable grounds that—

(a)     the person is or persons are breaching, or likely to breach, the peace; or

(b)     the person is or persons are endangering, or likely to endanger, the safety of any other person; or

(c)     the behaviour of the person or persons is likely to cause injury to a person or damage to property or is otherwise a risk to public safety.

(5)     This section does not apply in relation to a person who, whether in the company of other persons or not, is— 

(a)     picketing a place of employment; or

(b)     demonstrating or protesting about a particular issue; or

(c)     speaking, bearing or otherwise identifying with a banner, placard or sign or otherwise behaving in a way that is apparently intended to

publicise the person’s view about a particular issue.

 

 

 

 


New South Wales

 

LAW ENFORCEMENT (POWERS AND RESPONSIBILITIES) ACT 2002 – SECT 200

Limitation on exercise of police powers under this Part

200 LIMITATION ON EXERCISE OF POLICE POWERS UNDER THIS PART

(1) This Part does not authorise a police officer to give a direction in relation to an industrial dispute.

(2) This Part does not authorise a police officer to give a direction in relation to–

(a) an apparently genuine demonstration or protest, or

(b) a procession, or

(c) an organised assembly,

except as provided by subsection (3) or (4).

(3) A police officer is not precluded from giving a direction in relation to any such demonstration, protest, procession or assembly if the police officer believes on reasonable grounds that the direction is necessary to deal with a serious risk to the safety of the person to whom the direction is given or to any other person.

(4) A police officer is not precluded from giving a direction in relation to any such demonstration, protest, procession or assembly that is obstructing traffic if–

(a) the demonstration, protest, procession or assembly is not an authorised public assembly for the purposes of Part 4 of the Summary Offences Act 1988 or the demonstration, protest, procession or assembly is not being held substantially in accordance with any such authorisation, and

(b) the police officer in charge at the scene has authorised the giving of directions under this Part in relation to the demonstration, protest, procession or assembly, and

(c) the direction is limited to the persons who are obstructing traffic


 

 

 

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