Criminal Code Amendment Act 1942 (WA)

1942.] Criminal Code. [No. 15.

CRIMINAL CODE.

6° GEO. VI., No. XV.

No. 15 of 194k.

AN ACT to amend section two hundred and eleven

of the Criminal Code.

[Assented to 26th November, 1942.]

BE it enacted by the King's Most Excellent Majesty,by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

1. This Act may be cited as the Criminal Code Amend- Short title.

meld Act, 1942.

2. Section two hundred and eleven of the Criminal Amendment of s. 211.

Code is amended, as follows:

(a) by striking out the words "knowingly and wil-

fully" in line 2 of subsection (2) ;

(b) by inserting after the word "pounds" in line seven of subsection (2) the words "For the purpose of this subsection-

' Occupier' includes any person by whom or on whose behalf any house, room, office, or place is actually occupied or who is the lessee or sublessee (not being the owner, as hereinafter in this section defined), and any attorney, agent, or manager of such person who has the control, supervision, or management of the premises on his behalf ; and

`Owner' of any house, room, office, or place includes every person, company, or corporation who is, whether at law or in equity, entitled to the same or on the land in which the same is situate for any estate of freehold in possession or

No. 15.] Criminal Code. [1942.

is in actual receipt of or entitled to re- ceive or if the house, room, office, or place were let to a tenant would be en- titled to receive the rents and profits of the same, either on his own account or as mortgagee in possession, or if the house, room, office, or place is sub- leased, who is the lessee or sublessee from whom a sublessee holds, and also includes the attorney, agent or manager having control or supervision of the premises for such person or who on his behalf receives the rent or is authorised to issue receipts for the rent."