Criminal Law Amendment Act of 1946 (11 Geo Vi No. 6) (Qld)

40 CRIMINAL LAW. Crim,inal Law AmendimBnt Act. 11 GEO. VI. No. 6, CRIMINAL LAW. 11 N G o E . O. 6. VI. An Act to Amend "The Criminal Law Amendment THE CRIMINAL Act of 1945," "The Justices Acts, 1886 to LAW AMENDMENT ACT OF 1945," and "The Criminal C ode," each in 1946. certain particulars. [ASSENTED TO 20TH DECEMBER, 1946.1 B· E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title. 1. This Act may be cited as "The Criminal Law Amendment Act of 1946." i " N n e T se w h r e s te .2 d A in two 2 o . f T *" he Th f e oll C o r w im in i g na s l e L ct a io w n A i m s e i n n d s m er e t n e t d A a c f t te o r f s 1 e 9 c 4 ti 5 o , n " LOarwiminal namely:- Amendment Act of 1945." Meaning of " [2A.] The term "offence of a sexual nature" ~ , e~ r; t:nce of . shall include any offence constituted wholly or partly a sexual by an act whereby the offender has exhibited a failure ! ! : ~ ~~ ~ ~~ ~ fd to exercise proper control over his sexual instincts and a sexual any offence in the circumstances associated with the nature." committal whereof the offender has exhibited a failure to exercise such proper control over his sexual instincts." The term" offence of a sexual nature" shall include an assault of a sexual nature. This section shall be read as one with t" The Criminal Code" and t" The Justices Acts, 1886 to 1946"." Amendment :l. Section eighteen of *" The Criminal Law Amend- " of T s h . e 18 of ment Act of 1945 " is amended as follows : - Oriminal Law (a) The following paragraph is added to subsection Amendment nine thereof, namely:- Act of 1945." " Moreover, the provisions of section fifty-two of §" The Prisons Act, 1890," shall, subject to all necessary modifications, apply to and in respect of any such offender or prisoner." *9G.6No.11. t 63 V. No. 9, Sch. I., and amending Acts. :j: 50 V. No. 17 and amending Acts. § 54 V. No. 17 and amending Act.

1946. CRIMINAL LAW. Criminal Law Amendment Act. 41 (b) The following subsection is added thereto, namely:- " (13.) For the purposes of Chapter LXVII. of *" The Criminal Code " - (a) An offender or prisoner directed to be detained in an institution pursuant to this section shall be deemed to be a person convicted on indictment and such direction shall be deemed to be a sentence; and (b) A refusal by a Judge of the Supreme Court to direct any offender or prisoner to be detained in an institution pursuant to this section shall, as respects the right of appeal had by the Attorney-General under the said Chapter LXVII., be deemed to be a sentence." 4. (1.) Subsection one of section 7lA of t" The Amendment Justices Acts, 1886 to 1945," is amended as follows:- ~ } ~ : J~ ! (I) ( i • ) The words " whilst any ch~ 1 ld he . reinafter in this JAUr,8tst.ic 1 es 886 to subsection mentioned is giving evidence in the case" are 1945." inserted before the word" exclude." (ii.) The words" the Crown Law officer or person authorised or directed by him, officers of the court," are inserted after the word " except." (iii.) The words" and any person who in any report of such case publishes the name, or address, or name and address of any such child or of any parent or guardian of any such child shall be liable to the penalty specified in subsection two of this section" are added to the said subsection. (2.) This section shall be read as one with t" The J'ltstices Acts, 1886 to 1945," and those Acts and this section may be collectively cited as t" The Justices Acts, 1886 to 1946." 5. The following paragraph is added to section Amendment two hundred and forty-five of *" The Criminal Code," ~f' ;i} 45 of namely: - Criminal " No male person under the age of seventeen years Code . " shall be deemed capable of consenting to any act by any other male person which but for such consent would be an indecent assault." * 63 V. No. 9, Sch. I., and amending Acts. t 50 V. No. 17 and amending Acts.

42 CRIMINAL LAW. Criminal Law Amendment Act. II GEO. VI. No. 6, 1946. Amendment ofa. 344 of 6. Section three hundred and forty-four of *" The .. The CriminalCode" is amended by adding the following O O o r d im e. i " nal paragraphs thereto, namely:- "Without prejudice to the generality of the fore- going provisions of this section, the following shall be circumstances of aggravation:- (a) That the unlawful assault is an offence of a sexual nature as defined by section 2A of t" The Criminal Law Amendment Act of 1945 " ; (b) That the person assaulted is a child under the age of seventeen years; (c) That the person assaulted is a female; (d) That the person assaulted is a male child under the age of fourteen years. An offender shall not be punished as for an assault . of an aggravated nature within the meaning of thiS section unless he has been charged therewith and the circumstance or circumstances of such aggravation have been stated in such charge. If the justices find that the assault is an offence of it sexual nature and that the person assaulted is a child under the age of seventeen years, they may in addition to or before sentencing the person found guilty of such assault proceed to exercise the powers conferred on a court of petty sessions or justices in such circumstances by Part IV.· of t" The Criminal Law Amendment Act of 1945." This section shall be read as subject to the provisions of section three hundred and forty-two hereof." * 63 V. No. 9, Sch. 1., and amending Acts. t 9 G. 6 No. 11. DINGOES, DESTRUCTION OF. See LAND. DISEASES IN STOCK. See STOCK. ECONOMIC STABILITY. See WAR LEGISLATION.