Vagrants, Gaming and Other Offences Acts Amendment Act of 1938 (2 Geo Vi No. 18) (Qld)

17344 VAGRANTS. Vagrants, Gaming, and Other Offences, Etc., Act. 2 GEO. VI. No. 18, VAGRANTS. 2 GEO. VI. An Act to Amend" The Vagrants, Gaming, and T G HE il N II ; N ~ G G~ A N N T D S, Other Offences Acts, 1931 to 1936," in O: ~~ ES certain particulars. ACTS AMENDMENT ACT OF 1938. [ASSENTED TO 24TH NOVEMBER, 1938.J B 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:- Short title 1. This Act may be cited as "The Vagrants, and . Gaming, and Other Offences Acts Amendment Act of 1938," construction. and shall be read as one with *"The Vagrants, Gaming, and Other Offences Acts, 1931 to 1936," hereinafter referred to as the Principal Act. Collective The Principal Act and this Act may be collectively title. cited as " The Vagrants, Gaming, and Other Offences Acts, 1931 to 1938." Amendments of the Principal Act. Amendment 2. In section two of the Principal Act the definition of s. 2. of the term "Obscene publication" is amended by adding the following paragraph thereto, namely :- " 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. " Amendment 3. Section 7A of the Principal Act is amended as of s. 7A. follows :_ (a) The following new subsections are inserted after the fourth paragraph of subsection two of the said section, namely :- Seizure of unlawful printed matter. "(3.) Any justice of the peace who from information upon oath has reason to suspect that any printed matter containing any such words as aforesaid is in or upon any building or place may by his warrant direct any police officer with his assistants (if any) to enter into or upon * 22 Geo. V. No. 27 and amending Acts, supra, pages 13987 et seq.

VAGRANTS. 17345 1938. Vagrants, Gaming, and Other Offences, Etc., Act. such building or place and to search for any such printed matter as aforesaid, and every such police officer with his assistants may enter into or upon such building or place accordingly and search for and seize, take, and carry away all such printed matter as aforesaid found therein or thereon, and such printed matter shall there- upon become and be forfeited to His Majesty; but such forfeiture shall not prejudice any proceedings against any person alleged to have committed an offence with respect to such printed matter. (4.) For the purposes of this section the term Interpeta- " place" includes a place as defined by this Act for the ~ io~ of " purposes of the provisions of this Act relating to gaming a!cIace and the Gaming Acts. "entry." A direction by a warrant under this section to a police officer with his assistants to enter into or upon any building or place shall authorisl'such police officer and his assistants if necessary to use force for making such entry whether by breaking open doors or otherwise." (b) The two last paragraphs of subsection two of this section are renumbered subsection five thereof. 4. A new section 21A is inserted in the Principal New s. 21A. Act after section twenty-one thereof, namely:- " [21A.] It shall be lawful for any justice upon Seizure of information on oath that there is reason to suspect that fruit. . any person being the owner or occupier of any place has machmes. in his possession in or upon such place any fruit machine or any mechanical contrivance in the nature of or similar to a fruit machine to issue his warrant authorising any police officer with his assistants (if any)- (a) To enter (using force if necessary, whether by breaking open doors or otherwise), the said place; and (b) To seize, take, and carry away any fruit machine or other mechanical contrivance in # the nature of or similar to a fruit machine found in or upon the said place. Any such fruit machine or other mechanical con- trivance so seized, taken, and carried away shall become and be forfeited to His Majesty: Provided that such forfeiture shall not prejudice any proceedings against any person alleged to have committed an offence with respect to such fruit machine or other mechanical contrivance as aforesaid."

17346 VAGRANTS. Vagrants, Gaming, and Other Offences, Etc., Act. 2 GEO. VI. No. 18, New s. 35A. 5. The following new section numbered 35A is inserted after section thirty-five of the Principal Act, namely:- Offence to "[35A.] (1.) No person shall in or upon any place ncauuissaence by amplify or reproduce or cause or permit to be amplified mechanical or reproduced any words, music, or other sounds means, &c. whatsoever by means of any electrical or other mechanical ap:pliance, apparatus, or device whatsoever so as to be a nUIsance. (2.) For the purposes of this section words, music, or other sounds are amplified or reproduced so as to be a nuisance if- (a) Their amplification or reproduction occasions undue distress, annoyance, or irritation to any person or persons in or upon any other place; or (b) Their amplitilation or reproduction causes or is calculated or likely to cause two or more persons to assemble in or upon a public place. Without limiting the generality of this section the amplification or reproduction of words, music, or other sounds is a nuisance for the purposes of this section if- (c) Being amplified or reproduced between 9 p.m. and 7 a.m. such amplification or reproduction unduly disturbs the sleep of a normal person; or (d) Such amplification or reproduction unduly disturbs the quietude of any occupied dwelling-house; or (e) Such amplification or reproduction unduly disturbs the quietude of any hospital; or (f) Such amplification or reproduction unduly disturbs the quietude of any school or college during the hours of instruction; or (g) Such amplification or reproduction unduly disturbs the quietude of any law court or any public or private place of business during ordinary business hours or any lawful public assemblage; or (h) Such amplification or reproduction unduly disturbs any congregation engaged in public worship or any persons assembled at a funeral service.

1938. VAGRANTS. Vagrants, Gaming, and Other Offence8, Etc., Act. (3.) Upon complaint on oath before any justice of the peace that words, music, or other sounds whatsoever are being amplified or reproduced in or upon any place by means of any electrical or other mechanical appliance, apparatus, or device whatsoever contrary to this section, such justice may by his warrant direct any police officer with his assistants (if any) to enter into or upon such place and to require the owner or occupier thereof to forthwith abate the nuisance. And every such police officer with his assistants may enter into or upon such place accordingly and may require the owner or occupier thereof to forthwith abate the nuisance, and moreover may demand from every person found in or upon such place his name, address, and occupation. (4.) Any person who- (a) Fails to forthwith abate a nuisance required to be abated by a police officer under and pursuant to the powers conferred upon such police officer by subsection three of this section; or (b) Refuses to give to a police officer his name, address, and occupation upon demand made by such police officer under subsection three of this section, or gives a false name or a false address or false occupation upon such demand; or (c) Prevents or attempts to prevent any police officer from entering into or upon any place pursuant to the powers conferred upon such police officer in that behalf by subsection three of this section, shall be guilty of an offence and liable to a penalty of not more than fifty pounds. (5.) Upon further complaint on oath before any justice of the peace that a nuisance within the meaning of this section is being continued in or upon any place after a police officer has required same to be abated, such justice may grant a warrant to any police officer with his assistants (if any) to enter upon or into such place and to seize any electrical or other mechanical appliance, apparatus, or other device whatsoever mentioned in subsection one of this section found therein or thereon, and the court may upon convicting any person .17347

17348 VAGRANTS. Vagrants, Gaming, and Other Offences, Etc., Act. 2 GEO. VI. No. 18, of committing such nuisance by means of the electrical or other mechanical appliance, apparatus, or other device whatsoever so seized order the same to be forfeited to His Majesty. . (6.) When upon entry upon or into any place pursuant to the powers conferred upon him by subsection three of this section a police officer is unable to find the owner or occupier of such place, such police officer may without warrant or authority other than this section seize any electric or other mechanical appliance, appara- tus, or device whatsoever mentioned in sub"section one of this section found therein. or thereon and the same thereupon shall, subject as hereinafter provided, become and be forfeited to His Majesty: Provided that if within twenty-one days after such seizure the owner thereof satisfies the Inspector of the Police District within which the offence occurred that he had no knowledge and no means of knowing that the same was used for the purpose of committing an offence against this section, then the electrical or other mechanical appliance, apparatus, or device concerned shall be restored to such owner: Provided further, that if the Inspector refuses to restore same the owner may within twenty-one days after !iluch refusal call upon the Inspector to show cause to the court why the appliance, apparatus, or device concerned should not be restored to him, and the court may make such order as it shall think fit. (7.) Any person who- (a) Prevents or attempts to prevent any police officer from entering into or upon any place pursuant to the powers conferred upon such police officer in that behalf by subsection five of this section; or (b) Prevents or attempts to prevent any police officer from seizing any electric or other mechanical appliance, apparatus, or device whatsoever mentioned in subsection one of this section pursuant to the powers conferred upon such police officer in that behalf by subsection five or subsection six of this section, shall be guilty of an offence and shall be liable to a penalty of not less than ten pounds nor more than one hundred pounds.

VAGRANTS. 1938. Vagrants, Gaming, and Other Offences, Etc., Act. (8.) (i.) For the purposes of this section the term "place" includes a public place and also a place as defined by this Act for the purposes of the provisions of this Act relating to gaming and the Gaming Acts. (ii.) For the purposes of applying this section to a public place any person using or causing or permitting to be used or in charge or apparently in charge of any electrical or other mechanical appliance, apparatus, or device whatsoever mentioned in subsection one of this section found therein or thereon shall be deemed to be the occupier of such public place. (iii.) A direction by a warrant under this section to a police officer with his assistants to enter into or upon any place shall authorise such police officer and his assistants if necessary to use force for making such entry whether by breaking open doors or otherwise. (9.) This section shall not apply to the case of any person having the proper permit duly prescribed in that behalf by any Act or law to hold a public meeting as defined in subsection five of section thirty-five of this Act, and who at such public meeting does not contravene or cause or permit to be contravened any term or condition prescribed by such permit with respect to the amplification or reproduction of words, music, or other sounds whatsoever by means of any electrical or other mechanical appliance, apparatus, or device: and moreover the authority authorised to issue any such permit shall have power to prescribe the terms and conditions subject to which the permit may be issued." 17349 VEGETABLE PESTS. See DINGOES AND MARSUPIALS.