Criminal Code Act 1899

If—

12 or more persons who are present together (assembled persons) use or threaten to use unlawful violence to a person or property for a common purpose; and

the conduct of them taken together would cause a person in the vicinity to reasonably fear for the person’s personal safety;

each of the assembled persons commits the crime of taking part in a riot.Maximum penalty—

if the offender causes grievous bodily harm to a person, causes an explosive substance to explode or destroys or starts to destroy a building, vehicle or machinery—life imprisonment; or

if—

the offender is armed with a dangerous or offensive weapon, instrument or explosive substance; or

property is damaged, whether by the offender or another of the assembled persons—7 years imprisonment; or

otherwise—3 years imprisonment.

For subsection (1)(b), it is immaterial whether there is or is likely to be a person in the vicinity who holds the fear mentioned in the subsection.

The Penalties and Sentences Act 1992, section 161Q also states a circumstance of aggravation for an offence against this section.

An indictment charging an offence against this section with the circumstance of aggravation stated in the Penalties and Sentences Act 1992, section 161Q may not be presented without the consent of a Crown Law Officer.

In this section—building includes structure.vehicle means a motor vehicle, train, aircraft or vessel. sch 1 pt 2 ch 9 s 61 sub 2008 No. 55 s 11