Opium Act 1895 (SA)

ANNO QUINQUAGESIMO OCTAVO ET QUINQUA-

GESIMO NON0

A.D. 1895.

No. 644.

An Act to regulate the Sale of Opium, and for other

purposes.

[Assented to, December zotk, 1895.1

E it Enacted by the Governor of the Province of South Aus- and House of Assembly of the said province, in this present Parlia-	B tralia, with the advice and consent of the Legislative Council
ment assembled, as follows:

1, This Act may be cited for all purposes as '' The Opium Act, short title.

1895."

reasonable grounds for believing is intended to be used for an illegal purpose; and, in addition to the penalties prescribed by this Act, all Magistrate or two Justices. 5. Any such opium may be confiscated upon the order of any Special

2, Opium " shall mean opium, or any preparation thereof. Definition.

3. Any person who shall sell, barter, exchange, or give, or permit opium not to be

to be sold, bartered, exchangcd, or given, any opium to any abori- aupplied to aborigines.

ginal native of Australia, or half-caste of that racc, othcr than as a

medicine, shall be liable to imprisonment for any period not more

than twelve months.

any person whom he has teasonable cause to suspect of infringing enter prernisaa. 4. Any officer of police may, at any time, enter the premises of Power of police to

the provisions of this Act, and may apprehend without a warrant any persons found therein whom he has reasonable grounds for believing to be there for an illegal purpose, and may seize and take

away any opium found upon such premises which he may have

" VICTORIE, No. 644.

The Opium Act.--1895.

----. . ----p-

obeot-

ing pdoe. 5, Any person who shall refuse to permit any officer of police to

make any search, or who shall wilfully hinder or delay any such search, or who shall obstruct or hinder any officer in the perform- ance of any of his duties under this Act, or the execution of any of the powers by this Act vested in him, shall, for every such offence, be liable to a penalty of not less than Ten Pounds nor more than Fifty Pounds, or to be imprisoned for any period not exceeding three months.

Offences. 6, Every person who is guilty of a contraver~tion of any of the provisions of this Act, or of any Order in Council or regulation herc- under, shall be guilty of an offcnce against this Act, and, being con- victed of an offence hereunder or against any Order in Council or regulation made pursuant to this Act, shall forfeit all opium in respect of which any such offence shall have been committed or which is in his control or possessioll, and where no penalty is expressly provided for such offence shall be liable for a first offence to a penalty of not less than Five Pounds nor more than Twenty Pounds, and for a second or any subsequent offence to a penalty of not less than Ten Pounds nor rnoxe than Fifty Pounds, or to imprisonment for any period not more than three months, or to both of such penalty and imprisonment at the discretion of the Court.

B~mma~jurisdictio.. 7, All proceedings for the imposition of any penalty provided for

by this Act shall be had and taken and may be had and determined in

a summary way by any Special Magistrate or two Justices of the Peace of the said province under the provisions of Act No. 6 of 1850,

The Justices Procedure Amendment Act, 1883-4," or of any other Act for the time being in force relating to the duties of Justices of the Peace with respect to summary convictions and orders; and all convictions and orders may be enforced as in such Act is or shall be provided.

8. There shall be an appeal from any conviction by any Special

Magistrate or Justices for any offence again~t this Act, or from any

order dismissing any information or complaint, which appeal shall	be to the nearest Local Court of Full Jurisdiction; and the
proceedings on such appeal shall be conducted in manner provided for appeals to Local Courts by the said Act No. 6 of 1850, or any Act for the time being in force regulating such appeals; and the Local Court hearing such appeal may make such order as to the payment of the costs of the appeal as i t shall think fit, although slich costs may exceed Ten Founds.

fleotim260f 'cThe	9, Section 25 of " The Justices Procedure Amendment Act,
Judcea Procedure

arndment A C ~, 1883-4," relating to mitigation of punishment, shall not apply to

1883-4p"nottoapp1y. offences committed under section 6 of this Act.

I n the name and on behalf of Her Majesty, I hereby assent to

this Bill.

T.