Inebriates Institutions Act Amendment Act of 1968 (Qld)

18 (1t.E$ItSfitlt4 ANNO SEPTIMO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 5 of 1968 An Act to Amend " The Inebriates Institutions Act of 1896," in certain particulars [ASSENTED TO 4TH APRIL, 1968] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as " The Inebriates Institutions Act Amendment Act of 1968." (2) Principal Act. " The Inebriates Institutions Act of 1896," is in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Inebriates Institutions Acts, 1896 to 1968."

Inebriates Institutions Act Amendment Act of 1968, No. 5 19 2. Insertion of new s. 5A. The Principal Act is amended by inserting after section five the following section:- " [5A.] Informal admissions to institutions . (1) Nothing in this Act shall be construed as preventing a person from being admitted into, remaining in, and- receiving curative treatment in an institution pursuant to this section. (2) Upon application in writing made in that behalf by any person the Superintendent of any institution, if satisfied that the applicant has habitually used excessive quantities of intoxicating liquor or drugs, and that he is at the time of his application capable of managing himself and his affairs, and that he fully understands the nature of his application, may receive him into that institution as a patient. (3) A superintendent of an institution may refuse to receive an applicant into such institution pursuant to an application under this section. (4) The superintendent of any institution may, at his discretion, and shall if thereunto requested by the person concerned, discharge from such institution any person admitted thereto pursuant to an application under this section. (5) If any person ill-treats, or being an officer, servant or other person employed in or about an institution, wilfully neglects any person admitted to such institution pursuant to this section, or if any person without the authority of the superintendent of the institution brings therein, or without the authority of the superintendent of such institution, except in case of urgent necessity, gives or supplies to any person so admitted any intoxicating liquor or drug, the person so offending shall on summary conviction be liable to a penalty not exceeding forty dollars, or at the discretion of the court to be imprisoned for any term not exceeding three months with or without hard labour. (6) If any person admitted to an institution under this section wilfully refuses to conform to the regulations for the time being in force therein, or is guilty of any violent, unruly, or destructive conduct, he shall upon summary conviction be liable to a penalty not exceeding thirty dollars. (7) The regulations made under this Act shall apply in respect of a person admitted to an institution under this section at all times while he is therein, and for the purpose of so applying those regulations the provisions thereof shall be read with and subject to all necessary adaptations." 3. Amendments of s. 6. Section six of the Principal Act is amended by- (a) omitting the words " police magistrate " and inserting in their stead the words " stipendiary magistrate "; and (b) inserting after the words " District Courts ", where those words secondly occur, the symbols and words " , stipendiary magistrate,". 4. Amendment of s. 7. Section seven of the Principal Act is amended by omitting the words and symbol " or two or more justices, one of whom shall be a police magistrate " and inserting in their stead the words and symbol " any stipendiary magistrate, or any two justices ".

20 Inebriates Institutions Act Amendment Act of 1968, No. 5 5. Amendments of s. 8 . Section eight of the Principal Act is amended by- (a) omitting the words and symbols " for offences mentioned in the eighty-fourth section of " the Licensing Act of 1885," the Judge or justices " and inserting in their stead the words and symbols " for offences mentioned in section eighty-one of " The Liquor Acts, 1912 to 1965," the Judge, stipendiary magistrate, or justices "; and (b) omitting the words and symbol " by any two justices, of whom a police magistrate shall be one," and inserting in their stead the words and symbol " by any stipendiary magistrate, or any two justices ". 6. Amendments of s. 9. Section nine of the Principal Act is amended by- (a) omitting the words and symbols " or any two justices, of whom a police magistrate shall be one," twice occurring, and inserting in their stead, wheresoever omitted, the words and symbols " or any stipendiary magistrate, or any two justices,"; and (b) inserting after the words "and the Judge" the symbols and words " , stipendiary magistrate,". 7. Amendment of s. 10. Section ten of the Principal Act is amended by omitting the word " constable " and inserting in its stead the words " member of the Police Force ". 8. Repeal of s. 11. The Principal Act is amended by repealing section eleven. 9. Repeal of s. 12. The Principal Act is amended by repealing section twelve. 10. Repeal of s. 13. The Principal Act is amended by repealing section thirteen. 11. Amendment of s. 14 . Section fourteen of the Principal Act is amended by- (a) omitting the words " or police magistrate ", twice occurring, and inserting in their stead, wheresoever omitted, the words " or stipendiary magistrate "; (b) omitting the symbol and words ", and payment of the expenses of his maintenance and treatment ". 12. Amendment of First Schedule . The First Schedule to the Principal Act is amended by- (a) omitting the words " all constables and peace officers " twice occurring, and inserting in their stead wheresoever omitted the words members of the Police Force "; (b) omitting all words and symbols from and including " and hereby by this order " to and including the words and symbols " " The Inebriates Institutions Act of 1896 " ". 13. Amendment of Fifth Schedule . The Fifth Schedule to the Principal Act is amended by- (a) omitting the words " all Constables and Peace Officers " and inserting in their stead the words " all members of the Police Force "

Inebriates Institutions Act Amendment Act of 1968, No. 5 21 (b) omitting the words " all constables and peace officers " and inserting in their stead the words " all members of the Police Force "; (c) omitting all words and symbols from and including "And hereby by this order direct " to and including the words and symbols " " The Inebriates Institutions Act of 1896 " ". 14. Repeal of Sixth Schedule. The Principal Act is amended by repealing the Sixth Schedule. 15. Amendments in relation to decimal currency . The Principal Act is amended as set out in the Schedule to this Act. SCHEDULE AMENDMENTS IN RELATION TO DECIMAL CURRENCY [s. 15] Provisions Amended Omit Insert Section fifteen Section sixteen Section twenty-eight Section thirty-one twenty pounds five pounds five pounds twenty pounds forty dollars ten dollars ten dollars forty dollars