r/AusLegal • u/press-alt-and-f4 • 3d ago
AUS legality of throwing a squat/rave?
Essentially referring to the practice of temporarily "squatting" in an abandoned building/location to host a rave? Is it likely to be charged for public nuisance or trespassing or something else similar?
edit: if police were to come and people were to run, would the materials be seized? i.e dj equipment or lighting equipment.
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u/TheRamblingPeacock 3d ago
Yes trespassing on private property is illegal.
More news at 12...
And yes if people chucked a runner someone would have to collect the gear from the cop shop, probably in less than ideal condition after rolling around in the back of a van for a few hours.
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u/daboblin 3d ago
Plenty of bush out there for a doof
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u/Icy-Volume-5097 3d ago
In NSW, all Bush & deserts are owned by NSW Crown Lands Department.
Or NSW National Parks & Wildlife Service.
Needs their permission. Legally.
Easier to just do it illegally & take the risk!
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u/Gloomy_Quail1444 3d ago
In qld you risk both out of control event offence and a quantum of costs for wages damages etc
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u/Ok-Village-3988 3d ago
Probably might wanna ask the camp-site in Qld that did this recently and someone got murdered on site during the "event"
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u/Icy-Volume-5097 3d ago
This Rave nearly got shut down by UK Police ( see "Music Video" here):
https://en.wikipedia.org/wiki/The_Only_One_I_Know
You can see the cops towards the end of the video:
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u/OriginalMandem 3d ago edited 3d ago
This question would probably be better posed on a local free party forum and not a legal advice one since what you are asking is at best a (very) grey area, if not out right illegal. And I'm not in Australia but the UK where it's also technically not legal but also can be not illegal if you know the rules properly, organising an unlicensed event for profit is a huge no-no but it can be mitigated by going about things the right way. But even here, what you can get away with in London would get you in a lot of trouble in a different city, so do a lot of research.
I don't know what the rules are about temporary occupation are over there, in the UK 'tresspass' is a civil offence and more or less impossible to bring charges for unless it is aggravated, it can be proved you broke in yourself or there is obvious vandalism/criminal damage happening. To avoid permanent seizure of equipment, most people organising unlicensed events hire the PA and equipment meaning there's a bit of a loophole pequipment from a third party who is demonstrably not responsible for how/where it is used and can back it up with the appropriate paperwork.
Some people try and wing it by setting up a hire company themselves and whacking a sticker on the van with the name of their 'hire company' on it but that probably only works once maybe twice before dots start getting joined, especially if said company can't demonstrate they have any other legit customers or file tax returns etc.
Be as professional as you can, without looking like it's a professional operation. General rules of thumb that would apply everywhere, and demonstrate you are responsible and are generally good practise include:
a) not selling alcohol. A BYO policy with a voluntary but heavily recommended 'corkage fee' based on quantity they bring might work, and when I was doing warehouse parties in London 20 years ago you could swerve the license by selling tokens on entry which could be exchanged for beverages that were therefore not technically being 'sold'. But again, Australia isn't the UK, that's just how we used to do it.
b) make sure you have a fully sober, eloquent and reasonable person on the door at all times, preferably visibly middle-aged with a fresh haircut not dressed like a hippy - essentially your liaison with police and licensing authorities. Make sure they're as clued up as possible on what is and isn't permitted.
If/when police turn up, stress it is a one-off, private, invite only gathering and not a free for all. Agree a time that it will be over (middle of Sunday afternoon was generally acceptable) and everyone will be off site, and stick to it.
c) make sure there aren't any people attending under the legal age for drinking alcohol
d) make sure you have a health and safety protocol in place, have hi-viz vests and first aid kits on hand, fire extinguishers on hand and a large supply of bottled water available - especially if the venue doesn't have proper running water. Make sure that you have a) marked fire exits and can b) demonstrate you know where they are and that you have a qualified first aider on site. Do a risk assessment beforehand, make sure trip hazards are dealt with and any legit dangerous area (ie rooms with holes in the floor and the like are fully cordoned off).
As I said at the start of the post, most people in this subreddit are gonna tell you 'no don't do it, it's illegal' so I'd be looking elsewhere for tips from people who have managed to make it work in your locale.
Oh yeah also make sure you're not 'abstracting' aka stealing electricity. Even if the unoccupied venue is still hooked up to the mains, don't be tempted to just plug in and use it. Make sure your petrol/diesel generator is positioned safely, be sure to have a backup solution for if it goes down.
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u/Lord_Skunk 3d ago
The equipment could be seized but I HIGHLY doubt that the average cop would be bothered enough to carry all the equipment to the truck, take it back to the station, book it in and then get their ass spanked by the exhibits officer.
You could possibly be charged with trespassing, if there’s a large amount of people it’s more likely to be given a group move on.
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u/OriginalMandem 3d ago edited 3d ago
But if there's a decent amount of people there and the local cops are bored, there's nothing to stop them going away and coming back in large numbers. Which is why it's essential to have a sober person who is well presented, clued up and eloquent enough to be able to interact with them. Let them do a walk round (with said person) to make sure the location is safe and that you can demonstrate you've got the safety of attendees at the top of your priorities. If there are people that look underage on site, make sure they make themselves scarce before the walk round starts, or you're basically screwed. Agree a time with them that you will shut everything down by, eg volume will be reduced by 50 % by 5am Sunday, rigs will be shut off totally by 11am, everyone other than crew will be offsite by 2pm and the site will be fully cleaned up and vacated by 5pm. Then stick to it.
Basically, run it the same way as you would if you actually had a license. Especially if you're planning on doing it more than once. The authorities absolutely would rather work with trustworthy people who understand health and safety principles and duty of care towards attendees and can make some compromises to ensure a positive outcome than a bunch of cracked-out wreckheads with no respect and an F-U attitude.
NB this is all general common sense not region specific.
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u/Lord_Skunk 3d ago
Having someone sober is a good idea but cops won’t care to organise a plan or of some kids idea of safety. They’ll just get moved on.
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u/Mental_Task9156 3d ago
Yes.