Vagrants, Gaming, and Other Offences Act Amendment Act 1971 (Qld)

311 (1^ztEEZt^^^tzt^r ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 1,7 of 1971 An Act to Amend the Vagrants, Gaming, and Other Offences Act 1931-1970 in certain particulars (AssENTED TO 19TH APRIL, 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.

312 Vagrants , Gaming , Etc., Act Amendment Act 1971, No. 17 (2) The Vagrants, Gaming, and Other Offences Act 1931-1970 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. 2. New s. 4A. The Principal Act is amended by inserting after section 4 the following section:- " 4A. Entering or remaining in or upon buildings , etc., without lawful excuse . (1) Any person who, without lawful excuse (the proof of which shall be upon him), together with others enters or remains in or upon any part of a building or structure, whether public or private, or any land occupied or used in connexion therewith, is guilty of an offence. Penalty: $200 or imprisonment for six months. (2) Any person who remains in or upon any part of a building or structure, or any land occupied or used in connexion therewith, which part or land is not a public place, and has no lawful excuse for so doing (proof of such lawful excuse being upon him) shall, if he there- (a) does any act; or (b) uses any language which, if done or used by him in a public place, would be an offence under this Act or any other Act, be guilty of an offence. Penalty: $200 or imprisonment for six months.". 3. New s. 37A. The Principal Act is amended by inserting after section 37 the following section:- " 37A. False, deceptive or misleading advertisements . (1) Any person who- (a) publishes any advertisement or statement; (b) in Queensland, does any act or takes any step to cause the publication outside Queensland of any advertisement or statement which is intended or likely- (c) to promote the sale or disposal of or other dealing with any real property or personal property (including chattels real or stocks, shares, bonds or other securities) or services; (d) to increase the purchase, consumption or use of any such personal property; (e) to induce any person to enter into any obligations relating to any such real property or personal property or services or any interest in any such real or personal property; (f) to cause any person, directly or indirectly, to expend any money in connexion with any transaction or dealing, and which- (g) is to his knowledge false in any material particular or deceptive or misleading; (h) contains any matter which is to the effect or likely to lead to the inference that the advertisement or statement or any material particular therein is approved or

Vagrants , Gaming, Etc ., Act Amendment Act 1971, No. 17 313 commended in any way by the Government of the Commonwealth or of any State or Territory of the Commonwealth or by any municipal or other statutory authority constituted under any law of the Common- wealth or of any State or Territory of the Common- wealth is guilty of an offence. Penalty: $500 or imprisonment for six months or both. (2) (a) It is a defence to a prosecution relating to paragraph (b) of subsection (1) of this section to prove that the advertisement or statement was not published. (b) It is a defence to a prosecution relating to paragraph (h) of subsection (1) of this section to prove that the matter contained in the advertisement or statement has been published with the consent of the Government or authority in question. (3) An advertisement or a statement shall be deemed to be published for the purposes of this section if it is- (a) inserted in a newspaper or other publication; (b) publicly exhibited- (i) in, on, over or under any vehicle, vessel, building or other place whatsoever; (ii) in the air so as to be seen by any person who may be in or on any public place; (c) contained in any document or other writing gratuitously sent or delivered to any person or thrown into or left upon any premises in the occupation of any person; (d) publicly announced or displayed by means of transmission of sound or light. (4) In a proceeding under this section against any person for- (a) publishing any advertisement or statement; or (b) in Queensland, doing any act or taking any step to cause the publication outside Queensland of any advertisement or statement, if it is proved that the advertisement or statement was false in any material particular or deceptive or misleading, that person shall be deemed to have- (c) published the same; or, as the case may be, (d) done the act or taken the step to cause the publication, with knowledge of the false, deceptive or misleading nature of the advertisement or statement unless he proves that, having taken all reasonable precautions against committing an offence,- (e) he had reasonable grounds to believe and did believe that the advertisement or statement was true; and (f) he had no reason to suspect that the advertisement or statement was false, deceptive or misleading. (5) A prosecution in respect of a contravention of this section shall not be instituted against a person who is liable on account of the contravention only by reason of the fact that he is the printer, publisher or proprietor of any newspaper or other publication or the person having the licence, management or control of any broadcasting or television station or cinema or

314 Vagrants, Gaming, Etc ., Act Amendment Act 1971, No. 17 theatre in or by means whereof the publication in contravention of this section is made , or a person acting under the authority of any of them, unless- (a) the printer, publisher, proprietor , licensee , manager, controller or person as aforesaid has been warned by a police officer of the false, deceptive or misleading nature of the advertisement or statement or of any other advertisement or statement substantially the same as it and that the publication of it is an offence under this section; and (b) the printer, publisher, proprietor, licensee, manager, controller or person as aforesaid has after receipt of the warning published the advertisement or statement or any such other advertisement or statement. (6) In this section the term " newspaper " includes magazine, periodical and pamphlet.". 4e Amendment of s. 38. Section 38 of the Principal Act is amended by inserting after the expression " 4," the expression " 4AL ,".