Influx of Criminals Prevention Act of 1905 (5 Edw VII No. 24) (Qld)

CRHnNAL LAW. 5 EDW. VII. No. 24, 1905. Influx of Oriminals Prevention Act. 8R45 CRIMINAL LAW. An Act to Prevent the Influx of Criminals into 5 ENdow.. 2V4. II. Queensland, and to Prevent certain Criminals THE INFLUX ()F CRIMINALS from remaining in or returning to the said A P C R T EV O E F NT 1 I 9 O 0 N 5. State. [ASSENTED TO 20TH DECEMBER, 1905.J ,B E 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 Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. This Act may be cited as "The Iriflux of GriminalsShorttitleand Prevention A.ct of 1905 , " and shall commence and take mCOclnlltmoefnc A e- ct. effect on and from the first day of ,Tanuary, one thousand nine hundred and six. 2. In this Act- Interpreta- "Minister" means the Chief Secretary or other ~ o~ w 1903 Minister of the Crown charged for the time~ . ·2: .,' " , being with the administration of this Act; " Justice" means justice of the peace; "State" means State of the Commonwealth of Aus- ' ' tralia ; " Vessel" includes every description of ship or boat. 3. If any person, other than a person who has been Persons , orefstihdIe.SntAicnt, Q-ueensland at m prior to the commencementoccoothmnevirincgStetiadntetions C 1 · . ) H as, before or after the commencemen t 0 f this gQu, uiletyenoslfand Act, been convicted in any other State or place~~ n;. 1903 beyond the limits of Queensland- s. '3:" , (a) Of an offence against the Act of the Com- monwealth intituled "the Immigration I{e- striction Act, 1901," by reason of his being a prohibited immigrant within the definition in seetion three, subsection (p) or Cl), of that Act, and being found within the Common- wealth in contravention or evasion of the said subsection (e) or (f); or (b) Of an offence for which in such State or place he ,vas liable to suffer death or to be imprisoned for one year or longer;

8846 CRIMINAL LAW. I17jlUtC of Oriminals Prevention Act. .5 Enw. VII. No. 24, and (ii.) Comes into Queensland before the lapse of three years after the termination of any imprison- ment suffered by him or of any term of release on probation or of recognizance or suretyship to be of good behaviour in respect of any such offence, he shall be guilty of an offence against this Act. Master liable 4. If any master or other person commanding any ! ~~ : ~ ! . IY vessel brings in such vessel to any port or place in Queens- brought to land any person who, to his knowledge, has been convicted ~ ~ . w. l, a~ : 03, in any other State or place beyond the limits of Queens- s.4. land of any offence mentioned in paragraph (b) of the last preceding section and has within three years prior to the arrival of such vessel at such port or place been. released from any imprisonment suffered in respect of such offence, he shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment for any term not exceeding six months, or to both such penalty and imprisonment. Ofte~ der 5. If any person, having been convicted of an offence ~ ! ; ~ ! ~ ~ da. nd against this Act, and not having been discharged upon to leave recognizance under this Act, remains in Queensland for Q N u .S e . e W ns . l , a 1 n 9 d 0 . 3, one mOllth a it er the t erm1 . na t I ' On 0 f any . Imp . rlsonmen t s.5. suffered in respect of such offence, or having left returns to Queensland within three years after the termination of such imprisonment, he shall be guilty of an offence against this Act. Oft~ der 6. If any person, having been convicted of an offence cdoisncVhlacrtgededanodn agal • nst this Act. and haV' 1ng been dI' SCharged upon reco~ z~ nce recognizance under this Act, commits a breach of such ~ c: : ttmg recognizance, he shall be guilty of an offence against this thereof. . .A.ct, and the convicting justices shall forfeit the recog- ~ t W., 1903, nizance entered into by the offender and his sureties. Penalty.for 7. If any person harbours or conceals any person w. s~ W~ ~ to3, whom he knows or believes to be guilty of an offence s.7. against this Act, he shall be liable to a penalty not exceeding one hundred pounds, or to imprisonment for any term not exceeding twelve months. . runiffihment 8. Any person guilty of an offence against this Act a; ~s~ n; hi8 shall be liable to imprisonment for any term not exceeding ~ .A . : ct : · w. , 1903, stwucehlveimmproinstohnsm, aenndt,, sinhaallddbietiolinabtloe otor ibne sduebpsotirttuetdionfrofomr Queensland upon the order in that behalf of the Minister:

1905. CRIMINAL LAW. Influx of Oriminal8 .Prevention Act. 8847 Provided that a.ny such offender may be released from any imprisonment imposed under this section- (a) For the purposes of the deportation of the offender; or (b) Upon the offender entering into a recognizance in the sum of fifty pounds, with two approved sureties, each in a like sum, conditioned that he will leave Queensland within seven days after his release, and not return to Queensland within three years after the date of his release; or (c) Upon the offender entering into a recognizance in the sum of two hundred pounds, with two approved sureties, each in a like sum, con- ditioned that he will be of good behaviour for a period of five years from the date of his release. 9. (1.) Any constable may, without any warrant other Apprehensioa than this Act, apprehend any person whom he has reason- without able cause to suspect to b~ guilty of an offence against warrant. this Act. (2.) Any justice before whom complaint on oath has Power to been laid that any person is guilty of an offence ag '-' ainst " g v r a a r n r t an se • tarch this Act and that such person is on board any vessel or is N.S.W., 1903. harboured or concealed in any house or other place may s. 9. grant a general warrant to any constable to search for such person. Any constable may by virtue of such warran't enter and search, by day or by night, any veE}sel on board of which such person may be suspected to be, or any dwelling- house, building, or other place wherein such person may be suspected to be harboured or concealed, and apprehend any person whom such constable has reasonable cause to suspect to be guilty of an offence against this Act, and may also apprehend any person found on board such vessel or in or about such dwelling-house, building, or place whom such constable has reasonable grounds to suspect and believe to have knowingly harboured or concealed any such suspected person. (3.) All persons apprehended as aforesaid shall be forth- with taken before justices to be dealt with as in this Act provided.

8848 CRIMINAL LAW. Influx of Oriminals Prevention Act. I) Enw. V n. No. 24, 1905. Persons 10. Any person apprehended on suspicion of being : ~ ~ ; ~ ~ i~ no~ o guilty of an offence against this Act may be discharged be.allowed out of custody by any justice upon his entering into a ~ ~: w. 19(!3 recognizance, with or without sureties and in such several s. 10.' 'sums as such justice directs, conditioned that such person shall appear at the time and place named in such recogni- zance. Forfeiture of 11. All property found upon or in the possession of ¥ :~ p; ty1903 any person so apprehended shall be seized and detained; s. ·li.·' 'and in the event of his being convicted and sentenced under this Act may, in the discretion of the convicting justices, be forfeited and sold. Applic!ltionof 12. All penalties, and the proceeds of the sale of any f: rl: ~ ~ : : e: ~ d property forfeited under this Act, shall be paid into the N.S.W., 1903, police reward fund, except such portion thereof, not s.12. exceeding one-half, as the convicting justices may award to the informer. Evi~ ence of 13. A certificate signed by the Commissioner or other ~ : :~ ~ ~ i~ n. head or acting head of the police force of any State or sN. . 1S3. W. ., 1903, place beyond the limits of Queensland, setting forth- (a) The name or names by which a person pre- viously convicted in such State or place is known; (b) A description of such person; (c) The fact that he was so convicted; and (d) The date on which, the place where, the offence for which, and the term of imprisonment to which, such person was so convicted or sen- tenced, shall be admissible in any legal proceeding taken against a person accused of an offence against this Act as prima facie evidence of the facts stated in such certificate, and that such accused was the person convicted and sentenced as therein set forth, and such certificate shall be deemed an official document for the purpose of section forty-two of the" Eridence and JJisC01jery Act of 1867."*. * 31 Vic. No. 13, supra, page 707.