Vagrants, Gaming, and Other Offences Act Amendment Act 1971 (No. 2) (Qld)

874 ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 69 of 1971 An Act to Amend The Vagrants , Gaming, and Other Offences Act 1931-1971 in certain particulars [ASSENTED TO 20TH DECEMBER, 19711 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Vagrants, Gaming, and Other Offences Act Amendment Act 1971 (No. 2). (2) The Vagrants, Gaming, and Other Offences Act 1931-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Vagrants, Gaming, and Other Offences Act 1931-1971.

Vagrants , Gaming, Etc . Amendment Act (No. 2) 1971, No. 69 875 2. Amendment of s. 2 . Section 2 of the Principal Act is amended by (a) omitting the definition " Court " and inserting in its stead the following definition:- " " Court "-A Magistrates Court constituted under The Justices Acts 1886 to 1968;"; (b) omitting the definition " Obscene publication " and inserting in its stead the following definition:- " " Obscene publication " includes any obscene book, paper, newspaper, or printed matter of any kind whatsoever, and any obscene writing, print, picture, photograph, photographic negative, photographic plate, photographic slide or film, transparency, lithograph, drawing, record or representation: In this definition the word " obscene " includes, but without limiting the generality of its meaning , emphasising matters of sex or crime, or calculated to encourage depravity: For the purposes of this definition a record shall be deemed to be obscene if the words or sounds capable of being reproduced therefrom are obscene;". 3. Amendment of s. 4 . Section 4 of the Principal Act is amended by, in subsection (2), omitting the words " paragraphs (viii) to (xi) hereof, both inclusive," and inserting in their stead the words " subparagraphs (a), (b) and (c) of paragraph (viii), paragraphs (ix), (x) and (xi) of subsection (1) of this section ". 4. Amendment of s. 5 . Section 5 of the Principal Act is amended by- (a) omitting subsection (1) and inserting in its stead the following subsection:- (1), Any person who- (a) being a prostitute, or known as or reputed to be a prostitute, behaves in a riotous, disorderly or indecent manner in a public place; (b) solicits for immoral purposes or for the purpose of prostitution any person who is in a public place or within the view or hearing of any person therein; (c) knowingly lives wholly or in part on the earnings of the prostitution of any other person; (d) is the occupier of or knowingly resides in a house frequented by prostitutes; (e) for the purpose of prostitution or of soliciting for prostitution, loiters in, near or within view from a public place, shall be deemed to be a vagrant, and shall be liable to a penalty of $400 or to imprisonment for six months."; (b) in subsection (2), omitting the general words at the commencement of that subsection and inserting in their stead the words " (2) When a female is convicted of an offence defined in paragraph (a), (b) or (e) of subsection (1) of this section the court may-". 5. Amendment of s. 8 . Section 8 of the Principal Act is amended by, in subsection (1),- (a) omitting the words " twenty pounds " and inserting in their stead the expression " $400 ";

876 Vagrants , Gaming , Etc. Amendment Act (No. 2) 1971, No. 69 (b) omitting the words " fifty pounds " and inserting in their stead the expression " $800 ". 6. New s. 8A. The Principal Act is amended by inserting after section 8 the following section:- " 8A. Persons using massage rooms etc ., for prostitution or soliciting . Any person who uses for the purpose of prostitution, or of soliciting for prostitution, any premises held out as being available for the provision of massage, sauna baths, steam baths, facilities for physical exercise or services of a like kind, or held out as being available for the taking of photographs or as a photographic studio is guilty of an offence. Penalty: $400 or imprisonment for six months.". 7. New S. 8B. The Principal Act is amended by inserting after section 8A the following section:- " 8B. Warrant to enter premises . Any justice who from information upon oath has reason to suspect that section 8A of this Act is being contravened with respect to specified premises may by his warrant direct any police officer with his assistants (if any) to enter those premises (whether by breaking open doors or otherwise) and to arrest, search and bring before a justice any person who is, or appears to have been, contravening section 8A of this Act and to seize any article that may be evidence of that contravention.". 8. Amendment of s. 11. Section 11 of the Principal Act is amended by- (a) omitting the words " police magistrate or any two justices " and inserting in their stead the word " justice "; (b) omitting the words " or their " wherever they occur. 9. Amendment of s. 12. Section 12 of the Principal Act is amended by- (a) in paragraph (a)- (i) inserting after the word " sale " the words " or distribution "; (ii) inserting after the word "any" the words "indecent or" ; (b) omitting the words " twenty pounds " and inserting in their stead the expression " $400 "; (c) omitting the words " fifty pounds " and inserting in their stead the expression " $800 " ; (d) omitting the words " one hundred pounds " and inserting in their stead the expression " $1,000 " ; (e) adding the following paragraph:- " Where it is shown that the purpose of sale or distribution or the publication, distribution or exhibition that is an element of an offence defined in paragraph (a) of this section, is the sale, distribution, publication, or exhibition of the indecent or obscene publication in question, to a child or to children generally, the offender shall be liable for a first offence to a penalty of not less than $400 nor more than $800 or imprisonment for six months or both, and for a second or subsequent offence to a penalty of not less than $500 nor more than $1,000 or to imprisonment for one year or both.".

Vagrants , Gaming, Etc . Amendment Act (No. 2) 1971, No. 69 877 10. New s. 12A. The Principal Act is amended by inserting after section 12 the following section:- / "12A. Advertising indecent or obscene publications . (1) Any person who prints, lithographs, draws, makes, exhibits or distributes or has in his possession for exhibition or distribution any writing, photograph or drawing that advertises the existence or availability of an indecent or obscene publication is guilty of an offence and is liable for a first offence to a penalty of $400 or imprisonment for three months, for a second offence to a penalty of $800 or imprisonment for six months, and for a third or any subsequent offence to a penalty of $1,000 or imprisonment for one year. (2) For the purposes of this section a document that is composed of words, photographs and drawings or any two or more of them shall be taken to be a writing.". 11. Amendment of s. 13. Section 13 of the Principal Act is amended by- (a) in paragraph (a), inserting after the word " any " the words " indecent or "; (b) in paragraph (b), inserting after the word " such " the words " indecent or "; (c) omitting the words " twenty pounds " and inserting in their stead the expression " $400 "; (d) omitting the words " fifty pounds " and inserting in their stead the' expression " $800 ". 12. Amendment of s. 15. Section 15 of the Principal Act is amended by- (a) omitting subsections (1) and (2) and inserting in their stead the following subsections:- " (1)Search for indecent or obscene publications . Subject to the conditions contained in subsection (2) of this section, any justice may by his warrant direct any police officer with his assistants (if any) to enter (whether by breaking open doors or otherwise) any house, shop, room, premises or other place and to search for and seize all indecent publications and obscene publications found therein together with all printing presses, engines, types, plates, stones, working plant and material used for the purpose of, or in any way in connection therewith, and to carry before a court all the articles so seized which are capable of removal. For the purpose of the application of this subsection to records, the warrant shall be deemed to authorise the police officer or any of his assistants making the search to play any record found in the house, shop, room, premises or other place, which he believes may be indecent or obscene, by means of any gramophone or other device. (2) Conditions for warrant . A warrant shall not be issued under subsection (1) of this section unless a complaint is made on oath that- (a) the complainant has reason to believe and does believe that- (i) indecent or obscene publications are kept in any house, shop, room, premises or other place whether for sale, distribution, exhibition, lending upon hire, or being otherwise published; and

878 Vagrants, Gaming, Etc . Amendment Act (No. 2) 1971, No. 69 (ii) any of the articles so kept are of such a character and description as would make their publication an indictable offence or an off ence against this Act; and (b) the complainant believes on reasonable grounds that one or more indecent or obscene publications have been, are being or are about to be, sold, distributed, exhibited, lent or otherwise published at or in connection with any place referred to in subparagraph (i) of paragraph (a) of this subsection."; (b) in subsection (9), omitting the words " of petty sessions ". 13. Amendment of s. 21. Section 21 of the Principal Act is amended by- (a) omitting the words " police magistrate or any two justices " and inserting in their stead the word " justice "; (b) omitting the words " or their ". 14. Amendments relating to currency references . The Principal Act is amended as set forth in the Schedule to this Act. THE SCHEDULE AMENDMENTS RELATING TO DECIMAL CURRENCY [s. 14] Provisions to be amended Section 4 (1) Section 7 .. Section 7A Section 9 . Section 10 Section 14 (1) Section 18 (4) Section 19 Section 20 Section 20 Section 21 Section 21 Section 25 (1) Section 25 (2) Section 27 (1) Section 27 (1) Section 27 (2) Section 27 (6) Section 28 Section 28 Section 29 (1) .. .. .. .. .. .. .. Section 29 (2) Section 31 (1) . Section 31 (2) (A) Section 31 (2) (A) Section 31 (2) (C) Section 31 (2) (C) Omit fifty pounds .. > . fifty pounds .. . . fifty pounds twenty pounds fifty pounds fifty pounds twenty pounds .. . . fifty pounds ten pounds .. > . fifty pounds .. . . one pound .. . . five pounds twenty-five pounds twenty-five pounds twenty pounds .. .. fifty pounds twenty pounds three pounds ten pounds fifty pounds two hundred and fifty pounds fifty pounds twenty-five pounds five pounds twenty-five pounds five pounds five pounds $100 $100 $100 $40 $100 $100 $40 $100 $20 $100 $2 $10 $50 $50 $40 $100 $40 $6 $20 $100 $500 $100 $50 $10 $50

Vagrants , Gaming, Etc . Amendment Act (No. 2) 1971, No. 69 879 THE SCHEDULE- continued AMENDMENTS RELATING .To DECIMAL CuPRENcY- continued Provisions to be amended Section 32 Section 33 Section 34 (1) Section 34A (1) Section 35 (1) Section 35A (4) Section 35A (7) Section 35A (7) Section 36 Section 37 Section 37s (2) Section 37B (2) Section 37B (4) Section 42 Section 44 Section 53 (4) Section 53 (6) Section 58 (4) Omit one hundred pounds one hundred pounds twenty pounds .. one hundred pounds ten pounds fifty pounds ten pounds one hundred pounds. fifty pounds twenty pounds one hundred pounds five hundred pounds twenty pounds twenty pounds twenty pounds one hundred pounds twenty pounds thirty pounds Insert $200 $200 $40 $200 $20 $100 $20 $200 $100 $40 $200 $1,000 $40 $40 $40 $200 $60