Offences, and evidentiary provisions
9 Offences, and evidentiary provisions
Where a person at, or in relation to, a public meeting held or a procession conducted pursuant to a permit —
acts in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting or procession assembled;
obstructs the free passage of any ambulance, fire brigade vehicle or police vehicle or, otherwise than in the manner or to the extent authorised by the permit relating to that meeting or procession, impedes or disrupts the use by members of the public in general of any street; or
incites other persons so to do,
he commits an offence.
Penalty: $200.
Where, in any proceedings for an offence against subsection (1), it is alleged in the charge that —
a permit had been granted under this Act to a person or body named therein; or
a public meeting was held or a procession was conducted pursuant to a permit,
it shall not be necessary for the prosecutor to prove the facts so alleged in the absence of evidence to the contrary.
Where, in any proceedings for an offence against any other Act or law regulating the movement of traffic or pedestrians or relating to the obstruction of a street, the accused satisfies the court that a public meeting was held or a procession was conducted pursuant to a permit purporting to relate to it, it shall be presumed, in the absence of evidence to the contrary, that —
no irregularity occurred in, or in relation to, the grant of the permit; and
the holding of the meeting or the conduct of the procession substantially conformed with the terms of the permit relating to it.
[Section 9 amended: No. 55 of 2004 s. 990 and 991; No. 84 of 2004 s. 80 and 82.]
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