Ideally, yes.
In reality, it is governed by a miriad of other laws.
Can you hold a peaceful assembly in the middle of the Sydney Harbour Bridge? No.
Can you hold a peaceful assembly in the middle of the night in a residential area? No.
And what about less than peaceful gatherings, with vandalism and looting?
And now you have a pandemic, where there are public health laws regarding social distancing and gatherings of more than a certain number of people.
The problem here is that whist state governments had the law on their side to do otherwise, they decided to let the BLM protests go ahead, initially at least.
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