Unlawful Assemblies and Processions Act 1958

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:

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).

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.

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S. 8 repealed by No. 8247 s. 5.

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No. 3796 s. 9.

In all proceedings under this Part it shall be sufficient to state the offence in the words of the enactment.

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).

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).

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.