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careful now

23 February, 2009

Mr J.A. McGINTY: […] Section 65 of the Criminal Code deals with rioters remaining after a proclamation ordering them to disperse. This no doubt has its origins way back in our colonial past. Whenever a riotous assembly is taking place, the sheriff or under sheriff, or a justice of the peace, or the mayor or president of the local government is required to go forward and say these words to the rioters –

Our Sovereign Lady the Queen charges and commands all persons here assembled immediately to disperse themselves and peaceably to depart to their habitations or to their lawful business, or they will be guilty of a crime, and will be liable to be imprisoned for 14 years. God save the Queen!

Mr D.F. Barron-Sullivan: That is tough language.

Mr J.A. McGINTY: It is, and I am sure that most rioters would be quaking in their boots, if not seeing this as something that would incite a further riot.

The SPEAKER: Do they have to throw them roughly to the ground and smite them as well?

Mr J.A. McGINTY: That might be something that is –

Ms S.E. Walker: A bolt of lightning is going to come down and strike you, virtually.

Mr J.A. McGINTY: I think that is a religious reference, not a monarchical one. I simply refer to that to make the point that that is the law.

Ms S.E. Walker: They are the words of law.

Subject: Acts Amendment and Repeal (Courts and Legal Practice) Bill 2002 [Legislative Assembly – Consideration in Detail]

Date: 19 June 2003

Hansard reference: pp. 8987b – 8992a [online (pdf)]

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