SCRUTINY OF ACTS AND REGULATIONS COMMITTEE
REVIEW OF REDUNDANT AND UNCLEAR LEGISLATION

Unlawful Assemblies and Processions Act 1958
ISSUES PAPER

Melbourne
Government Printer
December 1996

Summary of Issues Raised

Chapter 2 - International Law

Issue 1    Should a right to peaceful assembly consistent with the International Covenant on Civil and Political Rights. ("ICCPR") be enshrined in legislation?

Issue 2    Are there any further public policy restrictions which should be placed on the right to assemble?

Paragraphs 2.1--2.14, p 11

Chapter 3 - The Unlawful Assemblies and Processions Act 1958.

Issue 3    Is the Unlawful Assemblies and Processions Act 1958 still relevant as a model to regulate assemblies and processions in Victoria?

Issue 4    If the Act were to be repealed should the common law be left to cover the field?

Issue 5    If the common law is not suitable, should there be specific legislation enacted regulating assemblies and processions or could the matters be dealt with by inserting new provisions in existing legislation?

Issue 6    Is there a need for legislation to cover riots ?

Issue 7    Is the reading of a statement to disperse a riot still necessary?

Paragraphs 3.4--3.20, pp 18-20

Chapter 4 - Subordinate Legislation

Issue 8    What is the combined effect of the Public Activities Local Law 1994 and the Act on the right to assemble?

Issue 9    Should the process for permits be left to the City of Melbourne to administer? Is it sufficient to provide that the granting of a permit is discretionary?

Issue 10    Should the local law and/or statute provide a criteria for the granting of a permit?

Paragraphs 3.21--3.24, p 21

Chapter 5 - Assemblies in and around Parliament

Issue 11    Should assemblies in and around the Victorian Parliament be dealt with in the same manner as other assemblies?

Issue 12    If not should there be separate legislation or should the Presiding Officers of the Parliament be empowered to make regulations?

Issue 13    If there is separate legislation should it define the Parliamentary precinct, as it currently stands ?

Issue 14    Is the present definition too wide?

Paragraphs 4.1--4.15, p 27

Legislation in Other States of Australia

Issue 15    Should the right to public assembly and procession be enshrined in legislation as a positive right regardless of the failure to give notice?

Issue 16    If yes, should the legislation provide for the regulation of the assembly in much the same manner as the notification models or the permit system?

Issue 17    If public assembly is lawful only when such notification is given, what effect does this have on spontaneous civil disobedience?

Issue 18    Are the police a suitable body to issue permits or to have standing to object?

Issue 19    Should the grounds of objection be expressly stated?

Issue 20    Should Victoria adopt any aspect of other State or Commonwealth legislation as a model ?

Paragraphs 5.1--5.29, pp 36-37

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