Vagrancy, Disorderly Houses and Other Acts (Amendment) Act 1968 (NSW)
VAGRANCY, DISORDERLY HOUSES AND
OTHER ACTS (AMENDMENT) ACT.
JSetu ^outli Males;
ANNO SEPTIMO DECIMO
ELIZABETHiE II REGINA
Act No. 32, 1968.
An Act to make further provisions with respect to prostitution; for this purpose and for other purposes to amend the Crimes Act 1900, the Vagrancy Act, 1902, the Venereal Diseases Act, 1918, the Disorderly Houses Act, 1943, and certain other Acts; and for purposes connected
| therewith. | [Assented to, 22nd October, 1968.] |
T>E it enacted by the Queen’s Most Excellent Majesty, by
and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in
Parliament assembled, and by the authority of the same, as
follows; —
| Short title | 1. (1) This Act may be cited as the “Vagrancy, Dis |
| and |
| citation. | orderly Houses and Other Acts (Amendment) Act, 1968”. |
( 2 )
Vagrancy, Disorderly Houses and Other Acts (Amendment).
(2) The Vagrancy Act, 1902, as subsequently no. 32, 1968
| amended and as amended by this Act, may be cited as the | — |
| Vagrancy Act, 1902-1968. |
2. The Vagrancy Act, 1902, as subsequently amended. Amendment
| is amended— | 74 "̂19̂02°’ |
| (a) | by inserting in section three next after the definition sec. 3. | |
|
“Premises” includes any building, structure, vessel or vehicle and any part of any build ing or structure but does not include pre mises licensed under the Liquor Act, 1912, as subsequently amended, or the premises of a club registered under Part X of that Act, as so amended.
| (b) | (i) | one of section four the words “being a known (Punishment prostitute, solicits or importunes for immoral dLorder"y purposes” and by inserting in lieu thereof the persons.) |
| by omitting from paragraph (i) of subsection Sec. 4. or accosts” ; | ||
| (ii) | by inserting next after paragraph (j) of the same subsection the following new para graph :— |
| (k) | loiters in, or in view of, any public street, thoroughfare or place, for the purpose of prostitution or of soliciting for prostitution; |
(iii) by omitting paragraph (o) of subsection two (Persons
of the same section and by inserting in lieu
|
| (o) | whether a male or female person, knowingly lives wholly or in part on the earnings of prostitution of another person; |
(iv)
Vagrancy, Disorderly Houses and Other Acts {Amendment).
| No. 32, 1968 | (iv) by omitting from the same subsection the words “For the purpose of paragraph (o) where a male person is proved to live with or to be habitually in the company of a prostitute, and has no visible means of subsistence, he shall, unless he satisfies the adjudicating justice to the contrary, be deemed to be know ingly living on the earnings of prostitution,” ; | |||
|
For the purposes of paragraph (o) of this subsection, where a male person lives with or is habitually in the company of a prostitute, and has no visible lawful means of subsistence, he shall, unless he satisfies the adjudicating justice to the contrary, be deemed to be know ingly living on the earnings of prostitution of another person.
(vii) by inserting next after subsection three of the same section the following new subsection :—
(4) Notwithstanding anything contained in subsection two or three of this section or section five of this Act. a person who, having been convicted of the offence referred to in paragraph (o) of subsection two of this section, afterwards commits the same offence shall, upon conviction on indictment, be liable to imprisonment for a term not exceeding five years.
| Sec. 8b. | (c) | (i) by omitting from section 8b the words “, being |
| (Penalty on | the owner, occupier, or agent of any house, |
| owner of | |
| premises | room, or place, or being a manager or assistant |
| and other | in the management thereof, induces or suffers |
| persons for | |
| permitting | any female whom he knows to be a common |
| prostitution | prostitute to be in that house, room, or place” |
| therein.) | and |
| j'. ■ | .I'- |
Vagrancy, Disorderly Houses and Other Acts (Amendment).
and by inserting in lieu thereof the words no. 32,1968
| “knowingly suffers any premises of which he | — |
| is the owner or occupier, or any premises which he manages or assists in managing, to be used” ; |
(ii) by omitting from the same section the words “he shall be liable to a penalty not exceeding two” and by inserting in lieu thereof the words “or of soliciting for prostitution, he shall, upon conviction before a stipendiary magistrate, be liable for a first or second offence to a penalty not exceeding four” ;
(iii) by inserting in the same section after the word “imprisonment” where secondly occurring the words “and for a third or subsequent offence to imprisonment for a term not exceeding twelve months”;
(iv) by omitting from the same section the words “a house, room, or other place has reasonable grounds to suspect that the same is used in contravention of this section” and by inserting in lieu thereof the words “premises has reason able grounds to suspect that an occupier thereof has contravened this section, or section
8ba or 8bb of this Act, in respect of those
premises”;
(v) by omitting from the same section the words “house, room, or place” where thirdly occur ring and by inserting in lieu thereof the word “premises” ;
(vi) by omitting from the same seetion the words “allowed the house, room, or place to be used in contravention of this section” and by insert ing in lieu thereof the words “contravened this section, or section 8ba or 8bb of this Act, as the case may require, in respect of those premises” ;
(d>
Vagrancy, Disorderly Houses and Other Acts {Amendment).
| No. 32, 1968 | (d) by inserting next after section 8b the following new |
| New secs. | sections :— |
| 8ba, 8bb and 8bc. |
| Premises | 8ba. (1) A known prostitute who is in or on |
| habitually |
| used for | premises habitually used for the purpose of prostitu |
| prostitution | tion, or of soliciting for prostitution, shall, upon |
| soliciting. | |
| or | conviction before a stipendiary magistrate, be liable to a penalty not exceeding four hundred dollars or to imprisonment for a term not exceeding six months or to both such penalty and imprisonment. |
| (2) A known prostitute who is in or on premises that may be reasonably suspected of then being premises habitually used for the purpose of prostitution, or of soliciting for prostitution, shall, upon conviction before a stipendiary magistrate, be liable to a penalty not exceeding two hundred dollars or to imprisonment for a term not exceed ing three months or to both such penalty and imprisonment. | |
| (3) An offender under the provisions of subsection two of this section shall not be convicted if she gives such an account of the premises and of her presence therein or thereon as satisfies the magistrate before whom she stands charged that the offender could not have reasonably suspected that the premises were habitually used for the pur pose of prostitution, or of soliciting for prostitution. | |
| Prostitution | 8bb. Whosoever uses for the purpose of proscitu- held out as being available for the provision of massage, sauna baths, steam baths, facilities for physical exercise, or services of a like nature shall, upon conviction before a stipendiary magistrate, be liable to a penalty not exceeding four hundred dollars or to imprisonment for a term not exceeding six months or to both such penalty and imprison ment. |
| or soliciting | |
| in massage | tion, or of soliciting for prostitution, any premises |
| rooms, etc. |
8bc.
Vagrancy, Disorderly Houses and Other Acts (Amendment).
8bc. ( 1) Upon complaint made on oath that n o . 32, i968
the complainant has reason to suspect, and believes, — “
that section 8b , 8ba, or 8bb of this Act is being w r̂ant.
contravened with respect to specified premises, a stipendiary magistrate may, by special warrant under his hand, authorise any member of the Police Force to enter and search those premises and to arrest, search and bring before a justice any person who is, or appears to have been, contravening any of those sections and to seize any article that may be evidence of such a contravention.
(2) A member of the Police Force authorised under subsection one of this section to enter premises may obtain assistance and may use force, whether by breaking open doors or other wise, for making that entry.
(3) A special warrant issued under sub section one of this section shall be in or to the effect of the Schedule to this Act.
| (e) | by inserting at the end of the Act the following New | |
|
| SCHEDULE. | Sec. 8bc. |
Special Warrant under section 8bc o f the Vagrancy Act, 1902.
New South Wales
To Wit
T O ....................................................................................a member of the Police Force for the State of New South Wales, and to all other members of the said Force.
WHEREAS .......................................... of ........................................ in the State of New South Wales hath this day made complaint upon oath to me, the undersigned, a Stipendiary Magistrate, that the complainant has reason to suspect, and believes, that section 8b, 8ba or 8bb of the Vagrancy Act, 1902, as subse quently amended, is being contravened with respect to the premises known as .............................................................................
and situate a t ............................................................................................
Thi»
Vagrancy, Disorderly Houses and Other Acts {Amendment).
| No. 32, 1968 | This is therefore in the name of Our Lady the Queen, to require you, with such assistance as you may find necessary, forthwith to enter into those premises situate as aforesaid and, if necessary, to use force for making that entry, and to search those premises, and to arrest, search and bring before a justice any person who is, or appears to have been, contravening any of those sections of that Act, as so amended, and to seize any article that may be evidence of such a contravention, and for so doing this shall be your warrant. |
Given under my hand and seal this ................................... day of ......................................................... one thousand nine hundred a n d ................................... a t .......................................... in the said State.
Stipendiary Magistrate.
| Amendment | 3. | (1) The Disorderly Houses Act, 1943, as subsequently |
| of Act |
| No. 6,1943. | amended, is amended by inserting at the end of paragraph (d) |
| Sec. 3. | of subsection one of section three the following word and new |
| (Disorderly | paragraph ;— |
| house— | |
| Declaration | |
| by Judge | |
| of Supreme |
| Court.) | (e) that the premises are habitually used for the pur pose of prostitution, or that they have been so used for that purpose and are likely again to be so used for that purpose. |
(2) The Disorderly Houses Act, 1943, as subsequently amended and as amended by this Act, may be cited as the Disorderly Houses Act, 1943-1968.
| Amendment | 4. | The Crimes Act 1900, as subsequently amended, is |
| of Act No. |
| 40, 1900. | amended by omitting section 91c. |
| Sec. 91c. (Male living on earnings of prostitu tion.) |
| Amendment | 5. | (1) The Venereal Diseases Act, 1918, as subsequently |
| of Act No. |
| 46, 1918. | amended, is amended— |
| Sec. 22. | (a) by omitting from section twenty-two the word “two” |
| disorderly |
| (Keepers of | and by inserting in lieu thereof the word “four” ; |
| houses.) | (b) |
Vagrancy, Disorderly Houses and Other Acts {Amendment).
| (b) by inserting in the same section after the word | 32 |
| “months” the words | or to both such penalty and | — |
| imprisonment”. |
(2) The Venereal Diseases Act, 1918, as subsequently amended and as amended by this Act, may be cited as the Venereal Diseases Act, 1918-1968.
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