Police Offences Act 1970 (ACT)

POLICE OFFENCES

No. 41 of 1970

An Ordinance to amend the Police Offences Ordinance

1930-1967.

1.—(1.) This Ordinance may be cited as the Police Offences

Ordinance 1970.*

(2.) The Police Offences Ordinance 1930-1967f is in this Ordin­

ance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Police Offences Ordinance 1930-1970.

2. Section 5 of the Principal Ordinance is amended by inserting,

before the definition of " Court", the following definition:—

" ' brothel' means—

(a)	premises, a vehicle or a caravan to which persons of opposite sexes resort for the purposes of pros­ titution; or
(b)	premises that are occupied or used, or a vehicle or caravan that is used, by any woman or women for the purposes of prostitution;".

3. Sections 18 and 19 of the Principal Ordinance are repealed and

the following sections inserted in their stead:—

" 1 8 . A person who—

(a) manages or conducts a brothel; or

(b) is knowingly concerned in the management or conduct of a

brothel,

1953; N o . 21, 1959; N o . 1, 1961; N o . 19, 1966; and N o . 3, 1967.

is guilty of an offence and is punishable, upon summary conviction,

by imprisonment for a period not exceeding twelve months.

"19 . A person who—

(a)	knowingly permits premises, a vehicle or caravan to be used as a brothel; or
(b)	leases, lets or sub-lets premises, knowing that the premises are to be used as a brothel,

is guilty of an offence and is punishable, upon summary conviction, by

imprisonment for a period not exceeding six months.

" 19A.—(1.) Where—

(a) a person is convicted of an offence against section 18 of

this Ordinance; and

* Made on 1 October 1970; notified in the Commonwealth	Gazette and commenced on 22 October 1970.
t	Ordinance N o . 9, 1930, as amended by N o . 10,1934; N o . 31, 1937; Nos . 7 and 10, 1939; N o . 3, 1948; N o . 12,

(b) the person occupies or uses the premises in relation to which the offence was committed under a lease, sub-lease, tenancy, sub-tenancy or licence,

the person by whom the lease, sub-lease, tenancy, sub-tenancy or licence was granted may, by an instrument in writing that is delivered to the first-mentioned person or affixed to the premises and which pur­ ports to be given under this section, require that first-mentioned person to quit the premises or, in the case of premises used under a licence, to cease to use the premises.

" (2.) Where notice is delivered to a person, or affixed to premises, in pursuance of the last preceding sub-section, the lease, sub-lease, tenancy, sub-tenancy or licence to which the notice relates is, by force of this section, determined at the expiration of seven days from the date on which the notice is so delivered or affixed.

" (3.) W h e r e ­

to) a person is convicted of an offence against section 18 of

this Ordinance;

(b)	the offence was committed in relation to premises used or occupied by the person under a lease, sub-lease, tenancy, sub-tenancy or licence;
(c)	the person who granted the lease, sub-lease, tenancy, sub­ tenancy or licence—

(i)   on becoming aware of the conviction of the first- mentioned person, fails to determine the lease, sub-lease, tenancy, sub-tenancy or licence; or

(ii)   having determined the lease, sub-lease, tenancy, sub-tenancy or licence, fails to take reasonable steps to prevent the continued occupation or use of the premises by that first-mentioned person; and

(d) the first-mentioned person is afterwards convicted of an offence against section 18 of this Ordinance in relation

the person who granted the lease, sub-lease, tenancy, sub-tenancy or to the same premises,	licence is guilty of an offence unless, before the commission of the
offence to which the conviction referred to in paragraph (d) of this sub-section relates, he had disposed of his right or title to, or his interest in, the premises.
" (4.) A person who commits an offence against the last preceding sub-section is punishable, upon conviction, by a fine not exceeding One hundred dollars.
" (5.) In the preceding provisions of this section, ' lease' does not include a lease granted by the Commonwealth.
" (6.) Nothing in this section affects a right to determine a lease, tenancy, sub-tenancy or licence otherwise than in pursuance of this section.

"19B . A prosecution for an offence against section 18, 19 or 19A

of this Ordinance shall not be instituted except with the consent of the Attorney-General or a person authorized by the Attorney-General to give consent for the purposes of this section.".

4. Section 23 of the Principal Ordinance is amended by omitting
paragraph (j) and inserting in its stead the following paragraphs:—

" (j) knowingly lives wholly or in part on the earnings of pros­

titution;

(ja) being a male person, in any public place persistently

solicits or importunes for immoral purposes;".