Police Act Amendment Act 1902 (WA)

Ottrtcrit Ciu5tralta.

AN N 0 SEGUNDO

EDWARDI VII. REGIS.

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No. XXXI.

AN ACT to further ameml the Police Act,

1892.

[Assented to, 20th December, 1902.]

lative Assembly of Western Australia, in this present Parliament the advice and consent of the Legislative Council and Legis- assembled, and by the authority of the same, as follows :— BE it enacted by the King's Most Excellent Majesty, by and with

1. THIS Act may be cited as the Police Act Amendment Act, Short title.

1902, and shall be read as one with the Police Act, 1892, hereinafter

referred to as the principal Act.

2. ANY person who Offence of having

(1.) Is charged before any Resident or Police Magistrate with possession of gold suspected of being

haVül,g— stolen.

(a.) On his person, or on any animal, or in any cart or

other vehicle; , or

2° EDWARDI VII., No. 31.

Police Act—Amendment.

(b.) In his possession on any premises of which he is

the tenant or occupier, or reputed tenant or

occupier,

any gold reasonably suspected of being stolen or unlaw-

fully obtained; and

(2.) Does not prove to the satisfaction of the Magistrate that

such gold was lawfully obtained,

is liable, on summary conviction, to a fine not exceeding Fifty pounds, or to imprisonment, with or without hard labour, for any term not exceeding six months.

Occupier of premises 3. ANY person being the reputed tenant or occupier of an)

where gold found	deemed to be inpremises at the time when any gold. reasonably suspected of being
possession thereof, stolen or unlawfully obtained is found thereon and seized' by any

police officer shall be deemed to have been in possession of such

gold until the contrary is proved.

Persons found upon	4. (t .) ANY person who
premises where

stolen gold. seized	(a.) Is charged before any Resident or Police Magistrate with being present at the time when any gold reasonably suspected of being stolen or unlawfully obtained is found and seized by any police officer on any premises, and
may be convicted.
(b.) Is unable to give an account of his presence there to

the satisfaction of the Magistrate,

is liable, on summary conviction, to a fine not exceeding Fifty pounds or to imprisonment, with or without hard labour, for any term not exceeding six months.

( 2 .) A person may be convicted under this section notwith-

standing that no charge is laid or conviction obtained against the

tenant or occupier or reputed tenant or occupier of the premises.

Accessories. 5. (i .) ANY person charged before any Resident or Police

Magistrate with having assisted in the commission of an offence under section-two of this Act, who is unable to give an account of himself to the satisfaction of the Magistrate, is liable to a penalty of not more than Twenty-five pounds, or to imprisonment, with or without hard labour, for any term not exceeding three months ;

(2.) For the purpose of this section any person proved--

(a.) To have been watching or patrolling outside and in the vicinity of any premises on or about which gold reasonably suspected of being stolen or un- lawfully obtained is found and seized by any police officer ; or

(b.) To have been accompanying any person having on his

person, or on any animal, or in any cart or vehicle,

2" EDWARDI VII., No. 31.

Police Act—Amendment.

gold reasonably suspected of being stolen or unlawfully obtained, and which is seized by any police officer,

shall be deemed to be a person who has assisted in the commission of an offence under subsection one, unless the contrary is proved to the satisfaction of the Magistrate.

6. UPON a conviction under any of the preceding sections of gistrate may order

person whose right to the same shall have been found by such this Act, the Magistrate may order the gold to be delivered to the restitution of gold. to the Crown.

7. ANY person who- Summary proceed-

( .) Keeps or manages, or acts or assists in the management of ings against keepers,etc., of premises for

any premises for purposes of prostitution ; or

purposes of prostitu-

tion.

(2.) Being the tenant, lessee, or occupier of any premises, knowingly permits such premises, or any part thereof, to be used for purposes of prostitution ; or

(3 ) Being the lessor or landlord of any premises, or the agent

of such lessor or landlord, lets the same, or any part

thereof, or collects the rent with the knowledge that such premises, or some part thereof. are or is to be used for pur- poses of prostitution, or is a party to the continued use of such premises. or any part thereof, for purposes of prosti- tution, is liable, on summary conviction,—

(a .) To a fine not exceeding Twenty pounds, or im-

prisonment, with or without hard labour, not

exceeding six months, and

(b.) On a second or subsequent conviction, to a fine not exceeding Fifty pounds, or to imprisonment, with or without hard labour, not exceeding twelve months.

It is immaterial whether the premises kept or occupied for prostitution are kept or occupied by one person or more than one person.

8. (1.) EVERY male person who

Summary proceed-

(a.) Knowingly lives wholly or in part on the earnings big's against persons

connected with pros-

Of prostitution ; or titration.

(b.) In any public place persistently solicits or importunes

for immoral purposes ;

shall be deemed a rogue and vagabond within the meaning of the

principal Act, and may be dealt with accordingly.

2° EDWARDI VII., No. 31.

Police Act—Amendment.

(2.) Where a male person lives with, or is habitually in the company of a prostitute, and has no visible means of subsistence, he shall, unless he can satisfy the Court to the contrary, be deemed to be knowingly living on the earnings of prostitution.

(3.) If it be made to appear by information on oath to any Police or Resident Magistrate that there is reason to suspect that any house or part of a house is used by any female for purposes of prostitution, and that any male person residing in or frequenting the house is living wholly or in part on the earnings of the said female,.

such magistrate may issue a warrant authorising any police constable

to enter and search the house, and to arrest such male person.-

Sunday entertain- 9. (i.) ANY person who, except by statutory authority or with (a.) Keeps, opens, or uses any premises for public entertain- ment or amusement on any Sunday, or during any part of any Sunday, and to which persons are admitted by payment of money, or by tickets sold for money, or in which, or in respect of which, a charge is made for seats, or a collection of money is made ; or

ments prohibited. the license, in writing, of the Colonial Secretary,

(b.) Being the lessor or landlord of any premises, or the agent of such lessor or landlord, lets the same, or any part thereof, for such purpose.

is liable, on summary conviction, to a penalty not exceeding Fifty pounds, or to imprisonment, with or without hard labour, for any term not exceeding six months.

(2.) No prosecution shall be instituted under this section except with the consent, in writing, of an inspector or sub-inspector of police, of whose signature judicial notice shall be taken.

(3.) Any lecture, address, or discussion on science, ethics, social duties, literature, or art, or on any matter of public interest, shall not be deemed a public entertainment or amusement within the meaning of this section.

amage to animals 10. WHOEVER wilfully or wantonly does or attempts to do

ants, etc., in	any act which may, directly or indirectly, damage, injure, or
srdens.	destroy

(a.) Any beast, bird, reptile, fish, or other living creature, or

any egg or spawn thereof ; or

(b.) Any garden, flower bed, tree, shrub, plant, or flower ; or

(c.) Any building, structure, or other property,

2° EDWARDI VII., No. 31.

Police Act—Amendment.

in any place maintained and used as a garden for zoological, botanical, or acclimatisation purposes, or for public resort and recreation, is guilty of an offence, and liable, on summary conviction, to a penalty not exceeding Ten pounds, or to imprisonment, with or without hard labour, not exceeding six months.

11. IN this Act Definitions.

" Gold " means gold bullion, retorted gold, gold ores, gold amalgam, gold alloys, precipitates containing gold, slag, concentrates, tailings, and residues.

" Police Officer " includes any constable or officer of police.

" Premises " include any house, shop, room, building, erection,

yard, or other place.

In the name and on behalf of the King I hereby assent

to this Act.

E. A. STONE, Administrator.

By Authority : WM. ALFRED WATSON, Government Printer, Perth.