A person who intentionally obstructs the free passage of a public place is guilty of an offence.

A person may be found guilty whether the person’s conduct directly or indirectly obstructed the free passage of a public place [s 58(1a)]. For example, a person’s conduct may be found to have indirectly obstructed the free passage of a public place if it was reasonably necessary for emergency services to restrict access to the public place to safely deal with the person’s conduct.

This does not prohibit a person from the exercise of rights arising by reason of a legal or equitable interest that the person has in property including a public place.

Maximum penalty: $50,000 or imprisonment for 3 months.

[Summary Offences Act 1953 (SA) s 58]

In addition to the penalty the Court applies on finding a person guilty, on the application of the prosecutor, the Court may also order the person to pay the reasonable costs and expenses of any action taken by emergency services for the purposes of dealing with the obstruction [s 58(1b)].

Rights arising by reason of legal or equitable interest in public place

The Public Assemblies Act 1972 (SA) sets out how a person organising or planning to participate in an assembly or procession in a public place may give notice of the assembly or procession to the Chief Secretary, the Commissioner of Police and the clerk of the local council where the event is to be held. Notice must be provided at least 4 days before the proposed assembly or procession [s 4(4)].

An objection may be raised by those notified at least 2 days before the proposed assembly or procession on the ground that it would unduly prejudice any public interest [s 4(8)].

If no objection is raised to the proposal, the proposal is approved, and the assembly or procession can go ahead in accordance with the proposal. A person who positions themselves in accordance with the proposal and conforms to the proposal does not incur any civil or criminal liability by reason of the obstruction of the public place [s 6(1)].

If an objection is raised to the proposal, any person who plans to participate in the proposed assembly may apply to the Magistrates Court to approve the proposal [s 5(1)]. If satisfied there is no proper ground for any objection to the proposal, a magistrate may quash the objection and approve the proposal, or approve other alternative proposals made at the hearing [s 5(2)].

There may be other instances where a person, by reason of a legal or equitable interest, is able to exercise rights in relation to a public place, which is not prohibited by the offence set out above.

A person who throws a missile, without lawful cause, either intending to, or being reckless as to whether they, injure, annoy or frighten any person or damage any property is guilty of an offence.

Maximum penalty:

Intentional offences: 2 years imprisonment

Reckless offences: 1 year imprisonment

[Summary Offences Act 1953 (SA) s 51]

Fireworks

A person who throws, sets fire to, or explodes a firework or explosive so as to, or be likely to, injure, annoy or frighten people in a public place.

Maximum penalty: $2500 or 6 months imprisonment

[Summary Offences Act 1953 (SA) s 52]

A person who plays any game that is likely to injure a person in a public place or that is likely to damage property is guilty of an offence.

Maximum penalty: $250

[Summary Offences Act 1953 (SA) s 53]

Playing a game on an oval, court or other area set aside for that purpose is not an offence, but playing a game in, say, Rundle Mall invites prosecution. However, the prosecution can only succeed if someone is injured or property is damaged or there is a likelihood or danger that one of those things would happen.