Infant Life Protection Act Amendment Act of 1921 (12 Geo v No. 18) (Qld)

OHILDREN. 12 GEO. V.No. 18, 1921. Infant Life Protection Act Amendment Act. 9659 CHILDREN. An Act to Amend "The Infant Life Protection Act 12 Geo. V. No. 18. of 1905" in certain particulars. THl!l INFANT LIFE [ASSENTED TO 7 TH N OVEMB ER, 1921.] PROTECTION B E it enaete? hy tIle K~ ng's :NIost Excellent Majes~ y, AME! ~ ~ NT by and WIth the adVIce and consent of the LegIs- ACT OF 1921. lative Council and Legislative Assembly of Queensland in Parliament assembled, and hy the authority of the same, as follows :- 1. This Act may be cited as "The In/ant Li/eshort title r P e r a o d tec a t s ion one Ac . W t . It A h m * e " n . dTmheentInA/ acnt t 0/ Li 1 /e 92P1, r " ot a ec n ' t d wn sh A al c l t b 0 e / ac o on f ndAstcrtu. ct 1 ' 0 n 1905," herein referred to as the Principal Act. This Act and the Principal Act may together be cited as "The In/ant Li/e p.rotection Acts, 1905 to 1921." 2. In subsection one of section six of the Principal Amendment Act, the words" in any house" are repe9Jed; also, the of s. 6. words "of such house" are repealed and the words "of a house" are inserted in lieu thereof. 3. Section eleven of the Principal Act as amended Amendment by subsection three of section five of t" The State Ohildreri', of s. H. Act of 1911" is repealed and the following section is inserted in lieu thereof :- "[11.] If at any time it is made to appear to the Ca.ncellation Director, Stato Children Department, that any registered~ ! istra.tion. person has been guilty of neglecting any infant in his g care or charge, or is incapable of providing any such infant with proper food or attention, or that the nursing home is unfit for the reception or retention of infants, or if for any other reason it appears to the Director desirable so to do, he may cancel the registration of such home and order the immediate removal of such infi'mts from such nursing home to the care of the State Children Department, which shall then be charged ,vith their care as State children." 4. Section fifteen of the Principal Act is repealed and the following section is inserted in lieu thereof :- "[15.] (1.) If any person) including any relative of ~ doption of an illegitimate child other than its parents, wishes to mfants. * 5 Edw. VII. No. 19, supra, page 166. t 2 Geo. V. No. 11, supra, page 5076.

9660 CHILDREN. Infant Life Protection Act Amendment Act. 12 GEO. V. No. 18, adopt a child under the age of ten years from its parents or lawful guardians, such person shall ma,ke application to the Director, State Children Department, in the prescribed form, for permission to' do so. (2.) The Director ma,y by an order of adoption -approve of such adoption, but shall not do so upJess he is satisfied that - (a) The child is under the age of ten years; (b) The person proposing to adopt the child is of good repute, and is a fit and proper person to have the care and custody of the child and is of sufficient ability to bring up, maintain, and educate the child; (c) The welfare and interests of the child 'will be promoted by the adoption; and (d) The consents required by this Act have been duly signed and filed. (3.) Before any child other than a State child can be adopted the Director shall obtain the consent III writing-- Of the parent or parents; or In the case of an illegitimate child, the consent of the mother, if living in the State; or If the parents are dead or their whereabouts are unknovm, of the legal guardian of the child; or If one of the parents has deserted the child, the consent of the other parent. (4.) "Vhen an adoption is approved a deed of adoption shall be prepared and be signed by the person adopting the child and by the Director. Such deed of adoption shal1 then be lodged with the Registrar-General, ,vho shall note the itdoption in the register of births, and when reqnested to issue a certificate of birth shall issue an ext.ract. from such register in the name by which the child ,vill be known after adoption. (5.) The Governor in Council may in his discretion, by order, cancel anyadopt.ion, whereupon the child and its natural parents shall he deemed for all purposes to be restored to the same position l:nter se a,s existed immedi20tely before the adoption was a,pproved, provided that such restora~ tion shall not affect anything lawfully done whilst the adoption was in force. Every such order of cancellation shall be notified to the Registrar-General, ot who shall note the fact in the register births and on the deed of adoption."

CHILDREN. 9661 1921. Infant Life Protection Act Amendment Act. 5. The following subsection is added to section Amendment sixteen of the Principal Act : _ . of s. 16. " (8.) Upon and during the hearing of any complaint made under this Part of this Act no person shall be or be permitted to be present in court except the following persons :- (a) The adjudicating rnagistrate, an authorised officer of the State Children Department, the officers of the Court, and (1, member of the Police Force; (b) The complainant and the defendant, and their respective barristers a,nd solicitors; (c) The mother or sister, or other relative or friend, of the complainant, if desired by such complainant; (d) Any person whilst being examined as a witness; and (e) The mother or sister, or female friend of an:y female witness, if desired by such witness whilst being examined, unless the Court, in the interests of justice, permits an:v other person to be present. No depositions shall be available to the Press for publication unless by order of the magistrate hearing the complaint in question." 6. The following subsection is added to section Amendment seventeen of the Principal Act:- of s. 17. "(8.) Any person who falsely represents to the occupier of any house or place in which an illegitimate child is born, or in which an illegitimate child under the age of five years dies, that such child is a legitimate child, shall be guilty of an offence against this Act." COMMONWEALTH POWERS (AIR NAVIGATION)_ See AIR.