State Children Acts Amendment Act of 1928 (19 Geo v No. 19) (Qld)

CHILDREN. 19 GEO. V. No. 19, 1928. State Ohildren Acts Amendment Act. II.- Where the Infant is Illegitimate. Circumstances. Person whose Consent is required. 1. H the mother of the infant The mother, or, if she has by is alive order of the court been deprived of the custody of the infant, the person to whom the custody of the infant has been com- mitted by order of the court. 2. H the mother of the infant The guardian appointed by the is dead mother. 12139 An Act to Amend "The State Children Acts, 1911 to 19 Geo. v. 1924," in certain particulars, and to further T; o~: :~ Amend "The Criminal Code." CH~ ~: N B- [ASSENTED TO 14TH NOVEMBER, 1928.] ! ~ E: : ~ : : ' E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1 This Act may be cited as "The State Children Short title Acts Amendment Act of 1928," and shall be read as one ~ t. with *" The State Children Acts, 1911 to 1924," herein ~ ~ Acr: c Ion collectively referred to as the Principal Act. The Prinoipal Aot and this Aot may together be cited as "The State Ohildren Acts, 1911 to 1928." 2. The Prinoipal Aot is amended as follows :- Amendments of Principal Act. (i.) In seotjon twenty-four, before the words "If Section 24. any ohild" (ooourring at the oommenoement of the seotion) the words "Subject as hereinafter provided" are inserted. ( ii.) After seotion twenty-five the following new Section 25A. section is inserted:- "[25A.] Notwithstanding anything oontained in this Serious Aot or in any law to the contrary, in any oase offences. where a ohild is oonvioted on indiotment of wilful murder, murder, attempt to murder, manslaughter, * 2 Geo. V No. H, 8 Oeo. V. No. 13, and 15 Geo. V. No. 31, BUpra, pages 5076, 8272, and 10908. C

12140 CHILDREN. State Children Acts Amendment Act. 19 GEO. V. No. 19, or of any offence for which the offender is liable under *" The Criminal Code" of Queensland to imprison- ment with hard labour for life, the court may in its discretion sentence such child to be detained for such period as may be specified in such sentence, in such place and on such conditions as the Minister may direct; and where such a sentence is imposed by the court, such child shall, during the period specified in such sentence, and notwithstanding that such period would extend beyond the time of such child's attaining the age of eighteen years, be so detained, in such place and on such conditions as the Minister may direct, and, while so detained, such child shall be deemed to be in legal custody. In this section the term " place" means and includes any prison as defined by t" The Prisons Act, 1890," or any reformatory, or any place declared by the Governor in Council by Order in Council published in the Gazette to be a "place" within the meaning of this section. Regulations may be made to give full effect to the objects and purposes of this section." Repeal of (iii.) Section sixty-seven is· repealed and the sin. s6e7rtaionnd of following sections are inserted in lieu thereof : - new ss. 67, 67A,67B, 670. Unauthorised "[67.] Any person who employs in street trading a employment child- of child in street (a) W ho (b . elllg of or over the age of twelve years trading. and under the age of fourteen years) is not duly licensed under the next succeeding section of this Act; or (b) Who, although so licensed, is employed by him in trading of a description, or at any time, not authorised by such license; or (c) Who is under the age of twelve years; shall be guilty of an offence, and shall be liable to a penalty not exceeding twenty-five pounds or to imprisonment for any period not exceeding six months. License for [67A.] (1.) A written license authorising a child of or street over the age of twelve years and under the age of trading. fourteen years of age to engage, within prescribed hours, * 63 Vie. No. 9; supra, page 341. t 54 Vie. No. 17, supra, page 2800.

CHILDREN. 12141 1928. State Children Acts Amendment Act. and subject to the regulations, in a specified description of street trading may be issued by the Director or an authorised officer. (2.) Such license shall be delivered to the child, who shall produce such license on demand to the Director or an authorised officer or any police officer. (3.) Such license shall not be issued unless it is shown that the moral or material welfare of the child will not suffer by such trading. (4.) Every license shall be granted for a term not exceeding six months, but may be renewed from time to time, and may at any time be cancelled by the Director or an authorised officer. (5.) Any child engaged in street trading without a license, or in contravention of the conditions on which the same is granted, shall be deemed a neglected child for all the purposes of this Act. [67B.] No person shall- (1) Cause, procure, suffer, or allow any child Begging,&c•• to be in any place whatever for the purpose prohibited. of begging or receiving alms or inducing the giving of alms, whether under the pretence of singing, playing, performing, offering anything for sale, or otherwise; or (2) Cause, procure, suffer, or allow any child under Racing fourteen years of age to be employed or stables. engaged in any work in or about any racing stable, or in connection with the training of horses for racing, or to be employed or engaged as a jockey in any horse or pony race, whether run under the management of any racing club or association or not; or (3) Except with a license in writing, granted by Public the Director or an authorised officer and ente~ ain. subject to such restrictions and conditions as men s. may be prescribed or are therein expressed, cause, procure, suffer, or allow any child to be in or on any premises or place used or intended to be used for the purpose of any public entertainment for the purpose of singing, playing, or performing for .profit or reward to the child or to any other person, or of offering anything for sale: Provided that this provision shall not apply in the case of an occasional entertainment, the proceeds

12142 CHILDREN. State Children Acts Amendment Act. 19 GEO. V. No. 19, 1928. of which are intended to be applied for the benefit of any church, school, or charitable or patriotic object. Any person guilty of a breach of this section shall be liable to a penalty not exceeding twenty-five pounds or to imprisonment for any period not exceeding six months. Power of [670.] The Director or an authorised officer or einnqturyirya . nd any police officer may at all reasonable hours of the day . or night enter any theatre, place of amusement, shop, factory, warehouse, or other place in which children are employed or are reasonably supposed by him to be employed, and may make all such investigations and inquiries relative to such children as he shall consider advisable. No person shal, resist or obstruct such Director or officer in the exercise of any power under this section, and any person to whom such Director or officer shall put any question pursuant to this section shall forthwith answer such question truthfully to the best of his knowledge, information, and belief." Amendment 3. Section eighteen of *"The Oriminal Oode" is ? ~ ' ke 18 of amended by the insertion, after the words "Detention Omninal in an industrial or reformatory school," of the words- Oode." "Detention for [such period as may be specified by the pourt] in such place and on such conditions as the Minister may direct pursuant to the provisions of "The State Ohildren Acts, 1911 to 1928."" COAL MINING. See MINING. COMMONWEALTH AND STATE INCOME TAX COLLECTION. See INCOME TAX. COMMONWEALTH AND STATE-LOANS AND FINANCIAL AGREEMENT. See LOANS. CONSENTS TO MARRIAGE OF INFANT. See CHILDREN. * 63 Vie. No. 9, 8Up1'a, page 341.