POLICE AND POLICE OFFENCES ORDINANCE 1923-1960,*

An Ordinance relating to the Police Force and to the Maintenance of Law and Order.

PART I.-PRELIMINARY.

1861

1. This Ordinance may be cited as the Police and Police Short title.

Offences Ordinance 1923-1960. * * The Police and Police Offences Ordinance 1923-1960 comprises the Police and Police Offences

Ordinance 1923 as amended. Particulars of the Principal Ordinance and of the amending Ordinances are set out in the following table:-

Date of Notification of

Number and Date notified in Governor- Date of Ordinance. Year. Commonwealth General's Assent Commencement. Gazette. in Northern Territory Govern-

ment Gazette. ------

Police and Police Offences No. 20, 1923 15th November, .. 1st March, 1924 Ordinance 1923 1923

Police and Police Ordinance 1926

Offences No. 14,1926 3rd June, 1926 .. 3rd June, 1926

Police and Police Offences No. 19, 1932 22nd September, .. 22nd September, Ordinance 1932 1932 1932

Police and Police Offences No. 6, 1935 Ordinance 1935

27th June, 1935 .. 27th June, 1935

Police and Police Offences No. 12, 1938 8th September, .. 8th September, Ordinance 1938 1938 1938

Police and Police Offences No. 6, 1947 11 th September, .. lltb September, Ordinance 1947 1947 1947

Date of Assent by Administrator.

Police Arbitral Tribunal No. 1, 1949 14th February, .. 14th February, Ordinance 1948 1949 1949

Police and Police Offences No. Ordinance 1949

6, 1949 11 th May, 1949 .. 11th May, 1949

Police Arbitral Tribuna! No. 14, 1949 21st November, .. 21st November, Ordinance 1949 1949 1949

Police Arbitral Tribunal No. 5, 1950 22nd August, .. 22nd August, Ordinance 1950 1950 19S0

Police and Police Offences Ordinance 1952

No. 26,1952 4th June, 1952 .. 4th June, 1952

Police and Police Offences No. 14, 1953 29th June, 1953 .. 1st April, 1954 Ordinance 1953

Police and Police Offences No. 1, 1955 .. 23rd February, 21st April, 1955 Ordinance 1954 1955

Police and Police Ordinance 1957

Offences No. 18, 1957 .. 17th May, 1957 7th June, 1957

Police and Police Offences No. 30, 1957 .. 4th September, (See Note 2 below.) Ordinance (No. 2) 1957 1957

Police and Police Offences Ordinance 1959

No. 19, 1959 7th July, 1959 .. 7th July, 1959

Police and Police Offences Ordinance (No. 2) 1959

No. 20, 1959 7th July, 1959 .. 7th July, 1959

Police and Police Offences No. 5, 1960 2nd September, .. 2nd September, Ordinance 1960 1960 1960

Note l.-Sections 21-25 of the Police and Police Offences Ordinance 1953 read as follows:-"21. An act done or a power exercised by a member. at any time between the first day of March,

One thousand nine hundred and twenty-four and the date when he takes an oath or makes an affirmation in accordance with the provisions of section eleven of the Principal Ordinance as amended by this Ordinance, shall not be held to have been or to be illegal or invalid on the ground that. by virtue of his not having taken an oath or made an affirmation in accordance with the provisions of section eleven of the Police and Police Offences Ordinance 1923. as amended from time to time--

(a) be was not capable of holding or acting in the office in which he purported to act; or (b) he did not have the powers and privileges or he was not liable to the duties and responsibilities

of the office in which he purported to act . .. 22.-(1.) An appointment or promotion made on or after the seventeenth day of November,

One thousand nine hundred and forty-nine but before the date when this Ordinance comes into operation shall be deemed to have been properly made and to have bad effect from and including the date from which that appointment or promotion purported to have had effect as though the appointment or promotion had been made by the Minister on that date.

" (2.) The last preceding sub-section does not apply to a promotion which pnrports to have been made under a determination which purports-

(a) to have been made by the Police Arbitral Tribunal under the Police Arbitral Tribunal Ordinance 1948; and

(b) to have been varied by agreements which purport to have been made between the Adminis­trator and the Northern Territory Police Association under the Police Arbitral Tribunal Ordinance 1948 and the Police and Police Offence., Ordinance 1923-1950,

against which promotion an appeal purporting to have been comm~ced under that determination has not, at the date when this Ordinance comes into operation, been d ermined.

[1' Olnotes continued on next page

I

Short title amended: No. 17, 1938, s.4.

186;

Commence­ment.

Application of certain Acts of the State of South Australia to cease.

Parts. Am.Dded by N .1,1955, •• 3; No. 18, 1957, s. 3; and No. 30, 1957, •. 3.

ss.2-4.} POlice and Police OfJences Ordinance 1923-1960.

2. This Ordinance shall commence on a day to be fixed by the Administratoc by notice in the Gazette of the Northcm Territory. *

3.-(1.) The Police Act, 1869 (No. 15 of 1869-70), and the Police Act Amerulm.ent Act 1898-9 (No. 715 of 1&98-9) of the State of South Australia shall cease to apply to the Northern Territory as from the commencement of this Ordinance.

(2.) Nothing in the last preceding sub-section shall affect any right, obligation, or liability acquired, accrued or incurred under any Act therein referred to, or any penalty, forfeiture or punishment in respect of any offence committed against any such Act, or any iBvestigation, legal proceeding, or remedy in respect of any such right, obligation, liability, penalty, forfeiture or punishment as aforesaid.

4. This Ordinance is divided into Parts as follows:-PART L-Pl'eliminary. PART Il.-Appointment of Officers and Constables

PART

PART

PART PART PART

* PART PART PART

of the Police Force. IlL-Appointment and Control of Special

Constables. IV.-Powers of the Police Force and the

Apprehension of Offenders. V.-Offences in relation to the Police Force.

VI.-Offences in relation to Stock. VIA.-Offences in relation to Aboriginal

Ceremonial Grounds and Relics. * • • • •

VIL-Offences generally. VIII.-Offences in Proclaimed Localities.

IX.-Miscellaneous. Footnotes continued from pre1'iow/ page.)

.. 23. A member who, by virtue of the last preceding section, is deemed to bave been appointed or promoted to a rank or grade in the Police Force between the seventeenth day of November, One thousand nine hundred and forty· nine and the date when this Ordinance comes into operation, is deemed to have been subject to the duties and responsibilities and to have had the powers and privileges which are imposed or conferred by any la w in force in the Territory on a person holding or occupying the rank or grade in the Police Force to which he is deemed to have been appointed or promoted.

" 24. An act done or matter dealt with in accord'ance with the provisions of-(a) a determination which purports to have been made by the Police Arbitral Tribunal under

the Police Arbitral Tribunal Ordinance 1948; (b) that determination as varied by agreements which purport to have been made between the

Administrator and the Northern Territory Police Association under the Police Arbilral Tribunal Ordinance 1948, the Police and Police Offence. Ordinance 1923-19S0 or the Principal Ordinance: or

(c) an agreement which purports to have been made between the Admini<trator and the Northern Territory Police Association under the provisions of the Principal Ordinance.

shall not be held to have been illegal or invalid by reason of any provisions contained in that deter­mination or in any of those agreements and shall be deemed to have been as valid, effective and legal as though the determination or agreement, as the case may be, had been properly made and entered into.

"25. Notwithstanding the provisions of this Ordinance, an agreement between the Administrator a..'1d the Northern Territorv Police Association which, on the date when this Ordinance comes into operation, purports to have been made and filed and to be in operation. under the provisions of section twelve D of the Principal Ordinance, shall continue in full force and effect as though properly made under the Principal Ordinance as amended by this Ordinance until an agreement or determination is made in accordance with the provisions of the Principal Ordinance, as amended by thi~ Ordinance." Note 2.-Section 2 of the Police and Police Ojfe"ces Ordinance (No. 2) 1957 reads:-

-" 2. This Ordinance shall come into operation on the date on which the Welfare Ordinance 1957 comes into operation. Ho

• The day fixed was 1st March. 1924-see table on p. 1861.

I

Police and Po/ke Offences 1863 Ordinance 1923-1960.

s. In this OrdinaEtCe, unless. the contrary intention appears- Definitions.

" Commissioner" meZtns the Commissioner of Police appointed in pursuance of this Ordinance;

" Member" means Member of the Police Force; " Police Force" means the Police Force of the Northern

Territory; "Public place" or "place of public resort" includes-

(a) every place to which free access is permitted to the public, with the express or tacit consent of the owner Of occupier thereof; and

(b) every place to which the public are admitted on payment of money, the test of the admittance being the payment of the money only; and

(c) every road, street, footway, court. alley, or thoroughfare which the public are allowed to use, notwithstanding that the road, street, footway, court, alley, or thorough­fare may be formed on private property:

Provided that nothing herein contained shall be held to divest the owners of the property of their rights or property therein, 01' of their power to resume the same 110£ use, occupation, or sale.

PART H.-ApPOINTMENT OF OFFICERS AND CONSTABLES OF THE POLICE FORCE.

* * * * * * *

7. The Minister may from time to time appoint a fit and proper person to be Commissioner of Police for the Northern Territory, and may remove any Commissioner of Police, and appoint another in his stead.

S. Subject to this Ordinance and the regulations, the Com­missioner of Police shall be charged and invested with the general control and management of the Police Force of the Territory, and also of any special constables who may be appointed as hereinafter provided, and may exercise any powers conferred on an Inspector or other officer of Police.

9. t Subject to this Ordinance and the Regulations, the Minister may-

(a) determine the total numerical establishment of the Police Force and the number of members who, at one time, may hold each of the several ranks in the Police Force;

t See Note 1 on p. 1861.

SectiOll 6 repealed by No. 14, 1953, s.3. Minister may appoint Commissioner of Police. S.A. 33 Vict. No. 15, s. 4.

Control and management of Police Foree. lb., .. 4. Ameacled by No. 14. 1953" s.4.

Minister may determine establishment of Police Force and appoint or promote certain ponons. ' Substituted by No. 14, 1953, s.5.

1864

Commissioner may promote certam memben. Inserted by No. 14, 1953, •• 5.

Powers and duties of members. Inserted by No. 14, 1953, •• 5.

Provisions for punisbment of member •• Substituted by No. 14, 1926, s. 3; and No. 14, 1953, L6.

ss. 9-10.] Police and Police Offences Ordinance 1923-1960.

(b) appoint a person who is eligible for appointment to the Police Force to be a member of the Police Force-

(i) with the rank, on appointment, of constable; or

(ii) with a rank, on appointment, above the rank of Sergeant, First Class; and

(c) promote a member who is qualified for promotion and who holds a rank above, or the rank of, Sergeant, First Class, to a rank above the rank which that member holds.

9A. * Subject to this Ordinance and the regulations, the Commissioner may promote a member, who is qualified for promotion, to the rank next above the rank which that member holds, but not to a rank above the rank of Sergeant, First Class .

9B. Subject to this Ordinance and the regulations, a member appointed to the Police Force, whether appointed before or after the date when the Police and Police Offences Ordinance 1953 comes into operation-

(a) shall perform such duties and obligations and have such powers and privileges as, by any law in force in the Territory, are conferred or imposed upon a person holding the rank which, from time to time, that member holds; and

(b) shall be subject to the provisions of the Public Ser­vice Ordinance 1928-1948 and, for the purposes of that Ordinance, shall be deemed to have been appointed under that Ordinance.

10. Notwithstanding the provisions of the Public Service Ordinance 1928-1948-

(a) a member who commits an offence against a provi­sion of this Ordinance or of the regulations; or

(b) a member, who holds the rank of, or a rank below, Sergeant, First Class, and who does an act or who omits to do an act required to be done, in con­travention of a provision of-

(i) a determination made under this Ordinance by the Police Arbitral Tribunal; or See Note I on p. 1861.

Police and Police Offences Ordinance 1923-1960.

[ss. 10-12.

(ii) an agreement made under this Ordinance between the Administrator and the Northern Territory Police Association,

xp.ay be charged with having committed an offence against that provision and may be dealt with and punished in such manner as is prescribed.

11. *-( 1.) A person who is appointed to the Police Force, on or after the date when the Police and Police Offences Ordinance 1953 comes into operation, shall not be capable of commencing duty as a member until he has taken and subscribed an oath, or made and subscribed an affirmation, in accordance with Form 1 or Form 2, as the case may be, in the First Schedule to this Ordinance.

(2.) A person who is a member on the date when the Police and Police Offences Ordinance 1953 comes into opera­tion shall not, after the expiration of six months from and including that date, be capable of holding any office as a member unless, during that six months, he takes and subscribes an oath, or makes and subscribes an affirmation, in accordance with Form 1 or Form 2, as the case may be, in the First Schedule to this Ordinance.

(3.) An oath taken or an affirmation made in accordance with the provisions of this section shall be administered and subscribed by a Justice of the Peace.

12. Every person, on taking and subscribing the oath or making the affirmation as provided in the last preceding section, shall be deemed to have thereby entered into a written agreement with, and shall be thereby bound to serve His Majesty as a member of the Police Force or in any other capacity if so instructed in accordance with this Ordinance or the Regulations, at the current rate of pay, until lawfully discharged:

Provided that no such agreement shall be set aside for want of reciprocity:

Provided further that such agreement may be cancelled at any time by the lawful discharge, dismissal, or removal from office of any such person, or by the resignation of any such person being accepted by the Minister.

Section 21 of the Police and Police Offences Ordinance 1953 reads as follows:-"21. An act done or a power exercised by a member, at any time between the first day of March,

One thousand nine hundred and twenty·four and the date when he t.akes an oath or makes an affirmation in accordance with the provisions of section eleven of the Principal Ordinance as amended by this Ordinance, shall not be held to have been or to be illegal or invalid on the ground that, by virtue of his not having taken an oath or made an affirmation in accordance with the provisions of section leven of the Police and Police Offences Ordinance 1923, as amended from time to time-

(a) he was not capable of holding or acting in the office in which he purported to act; or (b) he did not have the powers and privileg s or he was not liable to the duties and

responsibilities of the office in which he purported to act.".

1865

Oath to be taken by members. Substituted by No. 14, 1953, s.7.

Taking oath equivalent to entering into agreement. S.A. 33 Vict. No. IS, s. 10. Amended by No. 14, 1953, s.8.

1866

Police Arbitral Tribunal. Inserted by No. 1. 1949. s.2. Sub-sec:tioD (1.) substituted by No. 14. 1953. s.9; and amended by No. 19. 1959, .. 2.

S. 12A (I).] Police and Police OJfencetS OrainaIfCe 1923-1960.

12A. *-( 1.) There shan be a Police Arbitral Tribunal which shall have jurisdiction to hear and determine the condi­tions of service ·of members of, or below, the rank of Sergeant, First Class, with respect to-

(a) salaries;

(b) cost of living and district allowances;

(c} hours of duty~ including ,the provision of breaks for meals, and days off dWy;

(d) payment for overtime 'Worked at the direction.of the Commissioner or a member authorized fur that purpose by the Commissioner;

(e) allowances to be paid to a member-(i) for the maintenance of trackers;

(ii) for meals supplied to prisoners and wit-nesses;

{iii) whilst travelling or camping on duty; (iv) whilst engaged on special duties; (v) for performing du.tlies higher than those of

the rank which a member holds; (vi) in lieu of the provision of living quarters;

and (vii) im lieu .of the pmvision of uniforms;

(t) recreation leave, travelling time and the payment of fares of a member and of his dependents for the purpose of proceeding on and returning from recreation leave;

(g) long service leave; (h) sick leave; (I) leave in special circumstances; (]) the notification of vacancies in ranks and stations; (k) the time within which vacancies in ranks and stations

shall be filled;

(l) the payment of the reasonable expenses incurred by a member in the course of his being transferred from one station to another;

(m) the payment of fares of a member and of his dependents from the Territory to a place within the Commonwealth upon retirement due to age, ill-health or physical incapacity; and

(n) such other matters as the Administrator from time to time refers to the Tribunal.

• See Nolt! 1 on p. 186~

Police and Police OjJeKlces [ss. t2A (2.)-12B (l.). 1867 Ordinance 1923-1960.

(2.) The Tribunal shall be constituted by the Judge of the Amended by

Northern Territory, who shall be Chairman of the Tribunal, and ~~.14, 1953,

two other persons appointed by the Administrator. (3.) The members of the Tribunal appointed in pursuance AmeDded by

of sub-section (2.) of this Section shall be- ~~.14, 1953,

(a) a person nominated by the Administrator; and (b) a person elected by the members of the Northern

Territory Police Association and nominated in writing under the hand of the person. for the time being performing the duties and functions of Secretary of that Association.

(4.) An appointed member ·of the Tribunal shall, subject to AmeDdedby

this Orninance, h.old office for such a term as is specified ID. the ~~.14, 1953,

instrument of appointment, not being more than three years, and, on the expiration of his term of oflice~ each person so appointed shall be eligible for re-appointment.

(5.) Upon the publication in the Gazette ofa notice by- Amended by

() h Adm' . . h f . t d No. 14, 1953, \,0 t e . Inlstrator ill t· e ·case 0 an appOln e· mem- •. 9.

ber of the Tribunal nominated by him; or (b) a person f.or the time being performing the duties

and functions of the Secretary of the Northern Territory Police Association, acting pUlfsuant to a resolution passed at a general meeting of the Association, in the case of an appointed .member of the Tribunal .nominated on behalf of the Association,

that the office of an appointed member of the Tribunal is vacant, such office shall thereupon become vacant accordingly.

(6.) The .office of an appointed member of the Tribunal shall Amended by

also become vacant upon- ~~.14, 1953,

(a) the death of the member; (b) the resignati.on of the member; or (c) the absence .of the member without leave of the

Tribunal from any meeting of the Tribunal. (7.) Whenever the office of an appointed member of the Amended by

Tribunal beoomes vacant the vacancy shall be filled by the ~~.14, 1953,

appointment by the Admimstrator of a person nominated in the same manner as the member whose office becomes v.acant.

(8.) There shall be a Secretary to the Tribunal who shan be appointed by the Administrator.

12B.-(1.) The Tribunal shall,at the request of an appointed member of the Tribunal or upon the motion of the Chairman, be summoned by the Chairman by notice sent by post to each appointed member of the Tribunal.

Meetings of the Tribunal. Iaaerted by No. 1, 1949, •• 2.. SuIHectiOD (1.) amended by No. 14, 1953, 8.10.

1868

IDserted .". No. 14, 1949, •. 1.

Fees and allowances. Inserted by No. 1. 1949, •• 1; amended by No. 14, 1953, •• 11.

Agreements. Inserted by No. 1, 1949, s.2. Sub-aeetion (1.) amended by No. 14, 1953, •• 11.

Ameaded by No. 14, 1953, .. 11.

Continuance of Asreoment. InNrted by No. 1,1949, •. 1.

SS. 12B (2.)-12E.] Police and Police Offences Ordinance 1923-1960.

(2.) The notice shall specify the time and place of the meeting of the Tribunal and the matters to be dealt with by the Tribunal at the meeting.

(3.)* At meetings of the Tribunal all questions shall be decided by a majority of votes .

12c. The Chairman and other members of the Tribunal and the Secretary to the Tribunal shall receive such fees and allowances as are fixed by the Minister.

120. t-( 1.) The Northern Territory Police Association may make an Agreement with the Administrator relating to the conditions of service of members of, or below, the rank of Sergeant, First Class, with respect to the matters mentioned in sub-section (1.) of section twelve A of this Ordinance.

(2.) Every Agreement made in pursuance of this section shall be in writing and for a term to be specified therein and not exceeding five years from the date of the making thereof.

(3.) The Chairman of the Tribunal shall certify the Agree­ment, unless he is of the opinion that it is not in the public interest that it should be certified.

(4.) The Agreement when so certified shall be filed with the Secretary to the Tribunal and shall, thereupon, be of full force and effect according to its terms.

(S.) Every such Agreement shall, during its continuance, be binding on-

(a) the Administrator; and (b) members of, or below, the rank of Sergeant, First

Class.

12B. In default of any express Agreement to the contrary therein contained, an Agreement shall, unless rescinded, and subject to any variation, continue in force after the expiration of the term specified therein, until the expiration of one month after either party thereto has given written notice to the Secretary to the Tribunal and to the other party of his desire to determine it.

• Sub~section (3.) of section 12B was inserted by section 2 of tbe Police Arbitral Tribunal Ordinance 1949. Sub-section (2.) of section 2 of that Ordinance reads as foDows:-

.. (2.) The sub-section inserted by tbis section shall be deemed to bave come into operation on tbe fourteeotb day of February, One tbousand nine hundred and forty-nine."

t Section 12 D was amended by section 12 of tbe Police and Police OffenceJ Ordinance 1953. Section 25 of that. Ordinance reads as foDows:-

.. 25. Notwithstanding tbe provisions of this Ordinance, an agreement between tbe Administrator and tbe Northern Territory Police Association which, on tbe date when this Ordinance comes into operation. purports to bave been made and filed and to be in operation, under the provisions of section twelve D of the Principal Ordinance, shall continue in full force and effect as tbough properly made under the Principal Ordinance as amended by this Ordinance until an agreement or determination is made in accordance witb the provisions of the Principal Ordinance. as mended by this Ordinance. ...

Police and Police Offences Ordinance 1923-1960.

[ss. 12F-l21. 1869

12F .-(1.) Any determination made by the Tribunal in Notification of

pursuance of this Ordinance shall be notified in the Gazette by ~fmmencement a notice that such determination has been made and specifying determination.

th I h . f h d .. b h d Inserted by e pace were copIes 0 t e etermmatIOn can e purc ase or No. I, 1949, obtained. 8. 2.

(2.) A determination shall, except to the extent to which it is expressed to come into operation on an earlier or later date, but subject to sub-section (5.) of this section, come into operation on the date of its notification in the Gazette.

(3.) When the Tribunal makes a determination under this Ordinance, the Chairman shall forthwith send a copy of the determination to the Administrator.

(4.) The Administrator shall, on the first sitting day of the Legislative Council after he receives a copy of the determination, cause that copy to be laid before the Council.

(5.) If the Legislative Council passes a resolution (of which notice has been, given at the meeting of the Council, comprised of one sitting day or a series of sitting days, on one of the sitting days of which ~ copy of the determination was laid before the Council) disallQwing the determination, that determination shall cease to have effect.

Amended by No. 14, 1953, s.13.

Added by No. 14, 1953, s.13.

Added by No. 14, 1953, •. 13.

Added by No. 14, 1953, s.13.

(6.) Where a determination is disallowed under this section, Added by

the disallowance of the determination shall have the same effect ~oi3~4, 1953,

as does the repeal of a regulation. 12G. Any determination made by the Tribunal in pursuance On whom

f h· 0 d' b d d determination o t IS r mance shall be inding on the A ministrator an is binding.

members of, or below, the rank of Sergeant, First Class, and the Inserted by

Administrator and such members shall comply with the pro- ~~/' 1949, . . f h d " amended by VISIOnS 0 any suc etermmatIOn. No. 14, 1953,

•• 14. 12H. Until other provision is made by way of agreement Inter!r!' d .. d h' 0 d' h . d conditions. or etermmatwn un er t IS r mance t e remuneratIOn an In erted b

terms or conditions of service of members of the Police Force N~. I, 1919,

prescribed from time to time under the provisions of the s. 2.

Public Service Ordinance 1928-1940 shall continue in force.

12J.-(1.) Notwithstanding anything contained in this Interpretation

Ordinance, the Tribunal may, on its own motion or on the ~~rminations. submission of any person or organization interested in any ~<i;19 determination, give an interpretation of any term of an existing .. "i.' , determination, and the provisions of this Ordinance shall apply to any such interpretation in li!<:e manner as they apply to a determination.

(2.) Before giving any such interpretation on its own motion the Tribunal shall hear argument on behalf of any person or organization who or which is interested in the determination and is desirous of being heard.

l870

Power to HDd forwi_ and documents. InHrtedby No. 1.1'''' •• 2.

Power to examine on oath. IDBWted by N .1.1949. 8.2; amended by No. 14. 11153. •• 15. Affirmation .. lieu ofoatb. Inserted by No. 1. 19411. s.2.

Penalty for failing to attend or produce documents. Inserted by No.l.I949. 8.2.

Penalty for refusing to be sworn or to llive evidence. Inserted by N .1,1949, •. 2; amended by No. 14, 1953. •• 16.

Giving false testimony. Inserted by N . t. 1949, B.2.

Protection of members of the Tribunal. Inserted by No. 1, 1949, s.2; amended by No. 14. 1953, s.17.

ss. 12K-12R.} Police and Police Offences Ordinance 1923-1900.

12:&.-(1.) For the purpose of this Ordinance, the Tribunal may, by writing under the hand of the Chairman, summon any person to attend the Tribunal at a time and place named in the summons, and then and there to give evidence and to produce any books, documents or writings in his custody or control which the Chairman deems relevant to any proceedings before the Tribunal and which he is required by the summons to produce.

(2.) The Tribunal may, in its discretion, on the application of any party to any proceedings before it, by writing under the hand of the Chairman, summon any person to appear as a witness before the Tribunal.

12L. Any member of the Tribunal may administer an oath to any person appearing as a witness before the Tribunal, whether the witness has been summoned or appears without being summoned, and may examine the witness upon oath.

12M.-(l.) Where any witness to be examined before the Tribunal conscientiously objects to take an oath, he may make an affirmation that he conscientiously objects to take an oath, and that he will state the truth, the whole truth, and nothing but the truth, to all questions that may be asked him.

(2.) An affirmation so made shall be of the same force and effect, and shaD entail the same liabilities, as an oath.

12N. If any person served with a summons to attend the Tribunal, when the summons is served personally, fails without reasonable excuse to attend the Tribunal, or to produce any documents, books or writings in his custody or control, which he was required by the summons to produce, he shall be guilty of an offence.

Penalty: Fifty pounds.

12p. If any person appearing as a witness before the Tribunal refuses to be sworn or to make an affirmation or to answer any question relevant to the proceedings before the Tribunal put to him by any member of the Tribunal, he shall be guilty of an offence.

Penalty: Fifty pounds .

12Q. Any witness before the Tribunal who knowingly gives false testimony touching any matter, material to any proceedings before the Tribunal, shall be guilty of an offence.

Penalty: Imprisonment for one year.

12R. A member of the Tribunal shall not be personally liable for any act or default of the Tribunal done or omitted to be done in g00d faith in administering this Ordinance.

Police and Police Offences Ordinance 1923-1960.

PART 1I1.-ApPOINTMENT AND CONTROL OF SPECIAL CONSTABLES.

[s.13.

13.-(1.) Where- Power to

1871

• • appoint special (a) It IS made to appear to any Special Magistrate or constables.

any two Justices, upon the oath of any credible :'·1i:2S7.1916 witness, that any tumult, riot, or felony has taken place, or may be reasonably expected to take place, in any city, town, or district, and the Special Magistrate or Justices are of opinion that the ordinary constables or officers appointed for preserving the peace in that city, town, or district, are not, or will not be, sufficient for the preservation thereof, and for the protection of the inhabitants and the security of the property therein, or

(b) without any such oath any Special Magistrate or any two Justices are of opinion that those con­stables or officers are not, or will not be,

. sufficient for such preservation, protection, or security as aforesaid, or for the apprehension of offenders,

it shall be lawful for the Special Magistrate or Justices, by precept· in writing under his or their hand or hands, to appoint such householders or other persons (not being legally exempt from serving as constables) residing in the city, town, or district, as he or they think fit, to act as special constables for such time and in such manner as to the said Special Magistrate or Justices respectively seems necessary for the preservation of the peace, and for the protection of the inhabitants, and the security of the property, in the city, town, or district.

(2.) The Special Magistrate or either of the Justices who Ameatledlly

appoint any special constables by virtue of this section, or any ~~. s. lHO.

other Justice, is hereby authorized to administer to or take from every person so appointed an oath or affirmation in accordance with Form 3 or Form 4 in the First Schedule to this Ordinance.

(3.) Whenever any special constables have been appointed under this section, notice of such appointment, and of the cir­cumstances which have rendered such appointment necessary, shall be forthwith forwarded to the Administrator, by the Special Magistrate or Justices making the appointment.

( 4.) A special constable shall, while in the performance of A~ "32, his duties as a special constable, have the rights, powers and ~'!;. • immunities and be subject to the duties and liabilities of a mem-ber of the Police Force.

1872 ss. 14-16 (2.).] Police and Police Offences Ordinance 1923-1960.

Commissioner 14. The Commissioner may, with the approval of the may make r gulations for Administrator, make such orders or regulations as are from ~ 'a1 constables. time to time necessary and expedient for rendering any specl S.A. 1257, 1916, constables appointed under this Ordinance efficient for the pre­s.22.

Persons may be appointed as special constables in any district although not resident therein. lb., s. 23.

IDSelted by No. 19, 1932, s.8.

Inserted by No. 5, 1960, s.3.

penalty on special constable refusing to take the oath of office or to serve. lb., s. 24. Sub·section (1.) amended.". No. 14, 1926, s. 4; and No. 5, 1960, .. 4.

Amended.". N .14, 1926, .. 4,

servation of the public peace.

15.-( 1.) Any person willing to act as a special constable under the provisions of this Ordinance in any city, town, or district may be appointed and may act as a special constable, notwithstanding that he is not resident in that city, town, or district or in the neighbourhood thereof.

(lA.) Any person willing to act as a special constable under the provisions of this Ordinance throughout the Northern Terri­tory may be appointed by the Commissioner and may act as a special constable throughout the Northern Territory.

(lB.) The Commissioner or a Justice is authorized to administer to or take from every person appointed under the last preceding sub-section an oath or affirmation in accordance with Form 3 or Form 4 in the First Schedule to this Ordinance.

(2.) Any person appointed and acting as a special constable by virtue of the provisions of this section shall have all the powers, and be entitled to and enjoy all the privileges and benefits, and be subject to all the duties and liabilities, of a special constable appointed under section thirteen of this Ordinance.

16.-( 1.) If any person appointed under section thirteen of this Ordinance or the last preceding section to act as a special constable refuses to take the oath or make the affirmation of his office when thereunto required by the Special Magistrate or Justices appointing him or, if he is appointed under the last pre­ceding section, by the Commissioner, he shall be guilty of an offence.

Penalty: Five pounds .

(2.) If any person appointed to act as a special constable--(a) neglects or refuses to appear at the time and place

for which he is summoned for the purpose of taking the oath or making the affirmation of his office; or

(b) neglects or refuses, when thereunto required, to serve as a special constable, or to obey such lawful orders and directions as are given him for the performance of the duties of his office,

1 ,

1

Police and Police Offences [ss. 16 (2.)-21 (2.). Ordinance 1923-1960.

he shall be liable to a penalty not exceeding Five pounds, unless the neglect or refusal was due to sickness or such other unavoid­able cause as the court hearing the complaint or information deems sufficient

1873

17.-(1.) The Commissioner may, at his discretion, sus- Power~ ! pend or determine ~e services of all or any special constables =~e appointed under this Ordinance. :bles.

(2.) Notice of the suspension or determination shall be ::t,,257,1916,

forthwith forwarded to the Administrator. (3.) The Commissioner may remove any special constable

from his office for any misconduct or neglect of duty therein.

18. Every special constable shall forthwith on the expiration Special f h· ffi f h h d h d d . th constables to o IS 0 ce, or a ter e as cease to 01 an exerCISe e same, deliver up

deliver ov~r -to his successor (if any), or, if no successor has ~.:­been appoInted, to such person, and at such time and place, as Amended by

the Commissioner directs, all arms, staves, weapons, and other ~5.14, 1926,

articles which have been provided for him. Penalty: Ten pounds.

19. The Administrator may- Administrator

(a) upon the recommendation of the Commissioner, ::.:t order to be paid to any persons who have served, ~f;:-=r· or are serving, as special constables, such reaso~- ~:s~~~. able allowances as he deems proper, for theIr trouble, loss of time, and expenses; and

(b) order the payment of such expenses as have been incurred in providing arms, staves, weapons, and other necessary articles for those persons.

20. Any person who assaults or resists any special con- Penalty for

stable in the execution of his office, or incites or encourages any =~~ia1 other person so to do, shall be liable to a penalty not exceeding constables.

Ten pounds, or to such other punishment as is prescribed for lb., •. 28.

assaUlting or resisting any member of the Police Force in the execution of his duty.

PART N.-POWERS OF THE POLICE FORCE AND THE ApPREHENSION OF OFFENDERS.

21.-(1.) Notwithstanding any law or custom to the pO~al~~t contrary, it shall be lawful for the Commissioner to issue :rants. general search warrants to such members of the Police Force as lb., s. 42. -

he thinks fit. (2.) Every such warrant shall be in accordance with the

form in the Second Schedule, and shall be signed -by the Commissioner.

1874 ss. 21 (3~)-2:tA ~).] Police and Police Offences Ordinance 1923-1960.

(3.) Every such warrant shall remain in force for six months from the date thereof, or for such (if any) shorter period as is specified therein.

( 4.) The Commissioner may at any time revoke any such warrant.

Substltoteclbr (S.) The member of the Police Force named in any ~~.19. 1~ general search warrant may, at any time in the day or night,

with such assistants as he thinks necessary, enter into and search any house, building, premises or place where he has reasonable' cause to suspect that-

Powers of Commissioner to close roads. Inserted by No. 19, 1932, s.10.

(a)' any felony or misdemeanour has been recently committed,. or is about to be committed;

(b) any stolen goods are; (c) there is anything which may afford evidence as to

the commission of any felony or misdemeanour; or

(d) there is anything which may be intended to be used for the purpose of committing any felony or misdemeanour,

and may break open that house, building, premises or place. Any such member may also break open and search any ~up­boards, drawers,. chests, trunks, boxes~ packages or other things, whether fixtures or not, in which he has reasonable cause to suspect that-

(i) any stolen goods may be fOWld; or (ii) any thing may be fOtltld which may afford evidence

as to the commission of any felony or mis­demeanour, or which may be intended to be used for the purpose of committing any felony or misdemeanour;

and may seize those goods or things to be dealt with according to law.

( 6. ) In this section "stolen goods" includes goods obtained by any felony or misdemeanour.

21A.-(1.) On any occasion of riot or public disorder, the Commissioner may close and keep closed to the p~blic any street, road, wharf or public place during such time as the Commissioner thinks proper.

(2.) Any person who is in or upon any street, road, wharf or public place which is closed in pursuance of the last preced­ing sub-section, and who does not forthwith leave the street,

Police and Police Offences Ordinance 1923-1960.

[ss. 21A (2.)-24.

road, wharf or public place upon being requested so to do by a member of the Police Force, may be removed therefrom by any member of the Police Force, and shall, in addition, be liable to a penalty not exceeding Five Pounds.

22. If it is made to appear to a Special Magistrate, by infor­mation on oath, that there is reason to suspect that any house, or part of a house, is used by a female person for purposes of prostitution, and that any male person residing in or frequent­ing such house is living wholly or in part on the earnings of the prostitute, such Magistrate may issue a warrant authorizing any constable to enter and search the house and to arrest the male person.

23. Any member may stop, search, and detain-

(a) any cart, carriage, or vehicle in or upon which there is reason to suspect that anything stolen or unlawfully obtained may be found, and

1875

Power to grant warrant to search house used for prostitution. S.A. 1257, 1916, s.43.

Power to search vehicles and suspected persons. S.A. No. IS, 1869-70, s. 51 (part).

(b) Amended by

any person who is reasonably suspected of having, No. 19, 1932, 8.1 and or conveying in any manner, anything stolen or Sehedule.

unlawfully obtained.

24. Any Superintendent, Inspector, Sub-Inspector, or non­commissioned officer of the Police Force shall have power, by virtue of his office, to enter at all times, with such members as he thinks necessary, as well by night as by day, into or upon any ship, boat, or other vessel (not being then actually employed in His Majesty's service, and not being a vessel of war the com­manding officer whereof holds a commission from any foreign Government or Power) lying or being in any harbour, port, river, or creek, or any dock thereto adjacent, and into every part of the ship, boat, or vessel, for the purpose of-

(a) searching and inspecting the same, and

(b) inspecting and observing the conduct of all persons who are employed on board the ship, boat, or vessel in or about the lading or unlading thereof, and

( c) taking all such measures as may be necessary for providing against fire and other accidents, and

(d) preserving peace and good order on board of the ship, boat, or vessel, and

(e) the effectual prevention or detection of any felonies or misdemeanours.

Superintendents. &c., may board vessels. S.A. 1257, 1916, s.45. Amended by No. 19, 1932, s.11.

1876 s. 25 (1.)-(2.).] Police and Police Offences Ordinance 1923-1960.

Superintendents, 25.-( 1.) Any Superintendent, Inspector, Sub-Inspector, or &c., may • • search ships. non-COmmISSIOned officer of the Police Force having reasonable ::t6.1257, 1916, or probable cause to suspect-

~";=b~(I.) (a) that any felony has been, or is about to be, com-~ .. l9,1932, mitted on board of any ship, boat, or other

vessel (not being then actually employed in His Majesty's service, and not being a vessel of war the commanding officer whereof holds a com­mission from any foreign Government or Power), lying or being in any harbour, port, river, dock, or creek; or

( b) that any person who has committed an offence rendering him liable to apprehension, either with or without a warrant, or that any person against whom any warrant has been issued by any Justice, is harboured, secreted, or concealed on board of any such ship, boat, or vessel-

(i) may stop and detain the ship, boat, or vessel, and

(ii) may enter at all times with such members as he thinks necessary, as well by night as by day, into and upon the ship, boat, or vessel, and into every part thereof, and

(iii) may search and inspect the same, and therein take all necessary measureS for the effectual prevention and detection of all such suspected felonies, and for the apprehension of any such suspected person as aforesaid, and

(iv) shall take into custody all persons sus­pected of being concerned in such felonies, or liable to apprehension as aforesaid, and

(v) shall also take charge of all property suspected to be stolen.

Amended bT (2.) If the master of any such ship, boat, or vessel, or any :. il9, 1932, other person-

(a) resists or wilfully prevents or obstructs any officer or member of the Police Force whilst stopping, detaining, or entering upon, or endeavouring to stop, detain, or enter upon, the ship. boat, or vessel, or whilst searching and inspecting the same for the purposes aforesaid, or

Police and Police Offences Ordinance 1923-1960.

[ss. 25 (2.)-26.

(b) harbours or conceals or rescues, or attempts to rescue or assist, any such suspected person,

the master or other person shall be guilty of an offence. Penalty: Fifty pounds, or imprisonment for six months or

both.

1877

26.-(1.) Any member of the Police Force may- Empowering police to

( ) . h . I enter places a enter mto any ouse, room, premIses, or pace where.games

where any public table or board is kept for :rr~m:n. Playing billiards bagatelle bowls fives racket S.A. 1257, 1916, , , , , , s. 47.

quoits, skittles, or ninepins, or any game of the like kind, when and so often as that member thinks proper; and

(b) enter into any house, room, or place kept or used for any theatrical or any public entertainment or any concert or musical or other exhibition or any show of any kind whatsoever (whether admission thereto is obtained by payment of money or not) at any time when the same is open for the reception of persons resorting thereto, and shall order any common prostitute or reputed thief or other loose, idle, or dis­orderly person who is found in the house, room, or place to leave the same.

(lA.) Any member of the Police Force may enter any IDHrted by

place used for any football match, cricket match, horse race, ~t3~9, 1932-

trotting race, coursing, or any other game, exhibition or pastime (whether admission thereto is obtained by payment of money or not) at any time when the place is open for the reception of persons resorting thereto, and shall order any reputed thief or other loose, idle or disorderly person who is found therein to leave the place.

(2.) If any such person refuses to leave the house, room, or place on being ordered by the member of the Police Force so to do, the member may forcibly remove him therefrom, and may take him into custody.

(3.) Every such person remaining in the house, room, or place after having been so ordered to leave shall be guilty of an offence.

Penalty: One pound.

1878 Police and Police Offences Ordinance 1923-1960.

PowerofpoUco 27.-{1.) Any member of the Police Foroe, without any :fI"::~d warrant other than this Ordinance,at any hoor of the day or S.A. 12S7. 1916. night, may apprehend-s.4II.

~ (1.) (a) any person, whom he finds drunk, or fighting, or ~~.la. 1 7, using profane, indecent, or obscene langaage,

or who uses any threatening, abusive, or insult­ing words, or behaves in a threatening, abusive, or insulting manner, with intent to provoke a breach of the peace or whereby a breach of the peace might be occasioned, in any road, street, thoroughfare, or public place; and

(b) any person who rides or drives through any road, street, thoroughfare, or public place so negli­gently, carelessly, or furiously that the safety of any other person might thereby be endangered; and

(c) any person who cruelly beats, ilItreats, overdrives, overloads,abuses, or tortures any animal, or causes the same to be done, or who conveys or carries· any animal in any road, street, thorough­fare, or public place ID such a manner or position as to cause unnecessary pain or suffer­ing to sl1Ch animal; and

(d) any loose, drunke'l'l, or riotous person whom he finds disturbing the public peace; and

(e) any person whom he has just cause to suspect of having committed, or being about to commit, any felony, misdemeanour or offence, or of any evil designs; and

(ea) any person having in. his possession or cG]iveyio,g in any manner aJily personal property which, .at the time .of the arrest, the member reaSOll­ably suspects of having been stolen oc unlaw­fully obtained; and

(I) any person wOOm he finds lying or loitering in any street, highway, yard, or other place, who does not give a satisfactory account m himself; and

(g) any idle and disorderly person, rogue and vaga­bond, or incorrigible rogue.

Added by (2.) Any member of the Police Force may, 'Whether or not ~i4~" 1932, he apprehends any person referred to in the last preceding 1100-

section, require him to give his full name and address; and if he

Police and Police Offences Ordinance 1923-1960.

I[SS. 21 (2.)-28 (2.).

has reason to suspect that the name or address so given is false, may require that person to produce evidence as to the correct­ness of the name Qf address given by him.

1879

(3.) A person who, in pursuance of the la5t preceding sub- Added by

'SeCtion, is required to give his full name and address to a ;;r1;,!9, 1932, member of the Police Force, or to produce evidence as to the N!,:,~~ti:S~ correctness of a name or address so given by him, shall not- s. 2.

(a) refuse or fail to give his full name and address; (b) give a name or address which is false in any

particular; or ( c) produce false evidence with respect to a name or

address given by him, to that or any other member of the Police Force.

Penalty: Twenty-five pounds or imprisonment for three months.

(4.) Any person lying or loitering in any street, highway, Addedby

yard or other place, who does not give a satisfactory account ~od9, 1932,

of himself when requested 'SO to do by a member of the Police Force, shall be guilty of an offence.

Penalty: Ten Pounds, or imprisonment for three months.

28.-(1.) Any constable, when so ordered by any officer of Power to

Police, {)f whenever called upon by the master or .chief officer ~::,,~d of any ship or vessel (not being then actually employed in His ~=g_ Majesty's service, and not being a vessel of war the command- ::-!=.: fug officer whereof holds a commissiOll from any foreign houses.

Government or Power) lying in any harbor, port, river, or ~:!9.12S7.1916, creek, or any dock adjacent thereto, may-

(a) enter into and upon the ship or vessel, and (b) without any warrant other than this Ordinance,

apprehend any person whom he finds drunk and riotously or indecently behaving lllmself, or whom he finds fighting or using threatening, abusive, or insulting words, or behaving in a threatening, abusive, or inSUlting manner, and disturbing the peace and good order of the ship or vessel, or with intent to provoke a breach of the peace or whereby a breach of the peace might be occasioned.

(2.) Any member, whenever called upon by any holder of Amendedby

a licence for the sale of fermented or spirituous liquors, may- ~2 ::'11132, (a) enter into the licensed premises of the holder of Schedul ..

the licence, and (b) without .any warrant other than this Ordinance,

apprehend any person. whom he finds drunk and 5438/61.-III.-7

1880 ss. 28 (2.)-31 (3.).] Police and Police Offences

Certain pcnGlII maybe apprehended without warrant. S.A. 12S7, 1916, .. SO.

~~ LIS.

police=r

:='w:: name and residence is DOt known. lb., •• SI.

!f&::.:on olfenders. lb., •• S2.

A.....wb)' N •• I!I,1932. L2ud SdaednlL

AIIIeDded ., N .19,11132, L2aad ........

Ordinance 1923-1960.

riotously or indecently behaving himseH, or whom he finds fighting, or using threatening, abusive, or insulting words, or behaving in a threatening, abusive, or insulting manner, and disturbing the peace and good order of the licensed premises, or with intent to provoke a breach of the peace or whereby a breach of the peace might be occasioned.

29. Any member of the Police Force may, without a warrant, take into custody-

(a) any person whom he has reasonable or probable cause for believing or suspecting to be a person for whose apprehension or committal a warrant has been issued by any Justice, and

(b) any person who is charged by any other person with committing any felonious assault, in every case in which the member has good reason to believe that the assault has been committed, although not within view of the member, and that by reason of the recent commission of the offence a warrant could not have been obtained for the apprehension of the offender.

30. Any member of the Police Force, and all persons whom he calls to his assistance, shall take into custody, without a warrant, any person who, within view of the member, commits any offence against this Ordinance, if such person's name and residence is unknown to the member, and cannot be ascertained by him.

31.-(1.) Any member of the Police Force, or any other person, with or without a warrant, may apprehend any reputed common prostitute or thief, or any loose, idle, or disorderly person, or any reputed rogue and vagabond or incorrigible rogue who, within view of the member or person, commits any offence against this Ordinance.

(2.) The member or person shall forthwith take and con­vey the offender before a Justice to be dealt with in manner provided by this Ordinance, or shall deliver him to any member of the place where he has been apprehended, to be so taken and conveyed as aforesaid.

(3.) Any member who-(a) refuses or wilfully neglects to take such offender

into custody, or to take and convey him before a Justice; or

(b) does not use his best endeavours to apprehend and convey such offender before a Justice,

Police and Police Offences Ordinance 1923-1960.

[ss. 31 (3.)-34 (2.).

shall be deemed guilty of a neglect of duty, and shall be punish­able in manner provided by this Ordinance.

1881

32. Any person found committing any offence punishable as Power to police . d and persons a illIS emeanour upon summary conviction- aggrieved to

(a) may be taken into custody without a warrant by ~~d any member of the Police Force or offenders.

(b) b h d d b h 'f h S.A.12S7.1916, may e appre en e y t e owner 0 t e property s. 53.

on or with respect to which the offence is com- ~e~:~;I2, mitted, or by his servant or any person author- ~~ed1 ized by him, and may be detained until he can u e.

be delivered into the custody of a member, to be dealt with according to law.

33. Any person to whom any property is offered to be sold, pawned, or delivered, if he has reasonable cause to suspect­

(a) that any offence punishable as a misdemeanour upon summary conviction has been committed

Where stolen property attempted to be sold or pawned. lb., s. S4.

with respect to the property, or Amended by ( b ) h h No.19, 1932,

t at t e property, or any part thereof, has been ~l=e. stolen or otherwise unlawfully obtained,

may apprehend and detain the person so offering the property, and as soon as may be deliver him into the custody of a member, together with the property, to be dealt with according to law.

34.-{1.) Any person apprehended without a warrant shall Persons

be forthwith delivered into the custody of the member who is in :-i~~~ charge of the nearest police station, in order that the person 'f=~l~oW may be secured until he can be brought before a Justice to be lb., s. ss. dealt with according to la,,:, or, i! the person has been appre- ~:.':;=c;;;. (1.)

hended for any offence agamst thIS Ordinance or for any petty N'tl9, 1932,

misdemeanour, or if in any other case the member deems it s .•

prudent to take bail, until he has given bail for his appearance before a Justice.

(2.) When any person apprehended under this Ordinance Amendedby

or charged with any petty misdemeanour, is brought without ~'tl9,1932, the warrant of a Justice into the custody of any member in charge of any police station, the member may, if he deems it prudent, take bail by recognizance, with or without sureties, as the member thinks fit, without any fee or reward, from the person, the condition of the recognizance being that the person shall appear for examination before a Justice at the place speci-fied therein, at the hour of ten o'clock in the forenoon on a day to be specified not more than fourteen days after the recog-nizance is taken, unless that day falls on a Sunday or Christmas Day or Good Friday, or any public holiday, and in that case at the like hour on the day next following which is not one of those days.

1882 ss. 34 (3.)-348 (1.).] Police and Police Offences

Amendedlllr No.19,W)' 8.16.

Amellded by N .19,1932, •. 16.

Mcthodoi dealing with pet'I08S 1ak ... incua&ody without. warrant.

~R;z. •• 17.

Poworsof pollceto

=e,and take particulars ofpenons in custody. '-tedby No. 19. 1932 • •• 17.

Ordinance 1923-1960.

(3.) Every recognizance so taken shall be of equal obliga­tion on the parties entering into the same, and liable to the same proceedings for the estreating thereof. as if the same had been taken before a Justice.

( 4.) The member shall enter in a book. to be kept for that purpose in every police station, the name, residence, and occu­pation of the party and his surety or sureties (if any) entering into the recognizance, together with the condition thereof and the sums respectively acknowledged, and shall lay the same before the Justice who is present at the time and place when and where the party is required to appear.

(5.) If the party fails to appear at the time and place required, the Justice shall cause a record of the recognizance to be drawn up and signed by the member.

(6.) If the party fails to appear, but applies by any person on m; behalf to postpone the hearing of the charge against him, and the Justice consents thereto, the Justice shall be at liberty to enlarge the recognizance to such further time as he appoints.

(7. ) When the matter has been heard and determined, either by the dismissal of the case or by binding the party over to answer the matter thereof or otherwise, the recognizance for the appearance of the party before a Justice shall be discharged without fee or reward.

34A. If any member, without a warrant. takes into custody any person whom he has reasonable or probable cause for believing or suspecting to be a person for whose committal a warrant has been issued by a Justice, that member shall forth­with deliver that person into the custody of the member in charge of the nearest police statio~ and shall, as soon as con­veniently may be, produce or cause to be produced to the person so taken in custody the warrant of commitment (if any), whereupon that person shall be dealt with as required by the warrant.

34B.-(1.) When a person is in lawful custody upon a charge of committing any felony, misdemeanour or offence, any member may search his person and take from him anything found upon his person. and may use such force as is reasonably necessary for that purpose.

(2.) When a person is in lawful custody upon a charge of committing any felony, misdemeanour or offence which is of such a nature and is alleged to have been committed under such circumstances that there are reasonable grounds for believing that an examination of his person will afford evidence as to the commission of the felony, misdemeanour or offence, any legally qualified medical practitioner acting at the request

PoHce and Police Offences [ss. 34B (2.)-36 (2.). 18'83 Ordinance 1923-1960.

of any member of the Police Force of or above the rank of sergeant, and any person acting in good faith in aid of such medical practitioner and under his direction, may make such an examination of the person so in custody as is reasonable in order to ascertain the facts which may afford that evidence, and may use such force as is reasonably necessary for that purpose.

(3.) When a person is in lawful custody on a charge of committing any felony, misdemeanour or ot'feace UJe member in charge of the police station where he is so in custody, or any member of the Police Force of or above the rank of sergeant, may take or cause to be taken all such particulars as he deems necessary for the identification of that person, including his photograph and fingerprints., and may use or cause to be used s.uch reasonable force as is necessary to secure those particulars.

( 4.) The powers given by this section are in addition to and shall not derogate from any other powers. of members of the Police Force.

PART V.-OFFENCES IN RELATION TO THE POLICE FORCE.

35.-(1.) No member of the Police Force shall resign his Members oftho

office, or relinquish the duties thereof. whether the period of his ~': ~~~ut th . h . d t I leave or notice. engagement erem as expIre or no , un ess- S.A. 1257, 1916,

(a) he is expressly authorized in writing by the Com- s.12.

missioner so to do, or (b) he has given to the Commissioner one month's

notice of his intention so to do. (2.) Any such member who is guilty of any contravention

of this section shall be liable to a penalty of not more than Five pounds, or to imprisonment for any period not exceeding four­teen days, and, in addition. shall be liable to forfeit all arrears of pay due to him at the time of the contravention.

36.-(1.) Every member of the Police Force who has been Members oftho

dismi6sed from, or has ceased to hold office in, the Police Force ~~~~ shall forthwith deliver up to the Commissioner, or to such other f~~e~~up person, and at such time and place,. as the Commissioner ~utrements, directs, all the clothing, arms, ammunition, and accoutrements, lb., s. 13.

horses, saddles, bridles, appointments, and other property which has been supplied to him for the execution of his duty, or which is in his custody by virtue of his office.

(2.) Any such member who fails or neglects to comply with the provisions of this section shall be guihy of an offence.

Penalty: Imprisonment for two months·.

1884 ss. 36 (3.)-39.] Police and Police Offences Ordinance 1923-1960.

(3.) Any Justice may issue his warrant to search for and seize all clothing, arms, ammunition, and accoutrements, horses, saddles, bridles, appointments, and other property not delivered up as required by this section, wherever the same may be found.

~~~}o~n 37.-(1.) Every member of the Police Force who is guilty of neglect of duty. any neglect or violation of duty in his office as such member ~·t4.12.57, 1916, shall be guilty of an offence.

Punishment (or police takina bribes, &c. lb., •. 15.

Penalty for personating or attempting to bribe police. lb., •• 18.

Penalty: Five pounds, or imprisonment for one month. (2.) The amount of any penalty imposed upon a member

of the Police Force for an offence against this section may be deducted from any salary then due to the member.

38. Any member of the Police Force who-(a) directly or indirectly takes any bribe, pecuniary

or otherwise, to forego his duty as a member of the Police Force; or

(b) in any manner aids, abets, assists, or connives at the escape, or any attempt or preparation to escape, of any prisoner from any gaol or other place in which the prisoner is lawfully con­fined, or otherwise in lawful custody; or

(c) deserts his post; or (d) assaults his superior officer,

shall, in addition to any other penalty or punishment for any such offence to which he may be liable, be liable to a penalty not exceeding Ten pounds, or to impri~onment, with or with­out hard labour, for any period not exceeding three months.

39. Any person who, not being a member of the Police Force-

(a)

(b)

(c)

has in his possession any arms or ammunition, or any article of clothing, accoutrements or appointments, supplied to any member of the Police Force, and is not able satisfactorily to account for his possession thereof; or

puts on or assumes the dress, name, designation, or description of any member of the Police Force, or pretends or asserts that he is a member of that Force; or

gives, or offers or promises to give, any bribe, recompense, or reward to, or makes any col­lusive agreement with, any member of the Police Force, to induce him to neglect his duty, or to conceal or connive at any act whereby any rule, order, or regulation relating to the

,

f

Police and Police Offences Ordinance 1923-1960.

[ss. 39-41.

appointment and duties of the members of the Police Force for the time being in force may be evaded,

shall, in addition to any other punishment to which he may be liable for any such offence, be liable to a penalty not exceeding Ten pounds.

1885

40.-(a) Any holder of any licence to sell fermented or Pena1t~Cor spirituous liquors or any other person whoso- :;~~~ ever who, either by himself or his servant, ~tg;g~%" permits any member of the Police Force, ~;':t~'? knowing him to be such member, to become S.A. 1257, 1916,

intoxicated on his premises, or to be supplied :.!:~ded by with any fermented or spirituous liquor whilst No. 19, 1932, • s. 2 and mtoxicated, or whilst on duty (unless the mem- Scbedul.

ber is travelling on duty); or (b) any person who knowingly harbors or entertains

any member of the Police Force, or knowingly permits any such member to be or remain in his house, shop, room, or other place, during any part of the time appointed for such member to be on duty elsewhere,

shall be guilty of an offence. Penalty: Five pounds. 41.-(1.) Any person who assaults or resists any member of Assau1~g or

the Police Force in the execution of his duty, or aids or incites g~i~Ctinll any other person so to assault or resist any such member- lb., s. 20.

(a) shall be liable to a penalty not exceeding Twenty :::.~=~ (1.)

pounds, or to imprisonment, with or without ~oi8~9. 1932,

hard labour, for any period not exceeding six months; and in either case shall also forfeit and pay such sum or such further sum of money as appears to the convicting Justice to be a reasonable compensation for any damage or injury caused by the offender to the uni-form, clothing, accoutrements, or horse of such member, or for any medical or other expenses incurred in consequence of personal injury sustained by him in the assault or resistance; or

(b) may be committed for trial before any Court of competent jurisdiction.

(2.) Any person who disturbs or hinders any member of A:.ei:~J12, the Police Force in the execution of his duty, or aids or abets .. 18.

or assists any other person in so doing, shall be guilty of an offence.

Penalty: Ten pounds, or imprisonment for three months.

1886

Definition.

Offences in connexion with driving away stook. Sub-section (1.) BUbstitutecl by No. 19, 1932, 1.19.

Subltituted by No. 19, 1932, s.19.

Possession of stook suspected to have been stolen.

Unlawful use of.lock.

Stock gates not to be opened except for cer­tain purposes. Inserted by No. 5, 1960, s.5.

ss. 41-45A.] Police and Police Offences Ordinance 1923-1960.

PART VI.--OFFENCES IN RELATION TO STOCK.

42. In this Part, unless the contrary intention appears-" Stock" means cattle, horses, sheep, goats, swine,

poultry, and domestic pets, and any other animal which the Administrator declares by notice in the Gazette to be stock for the purposes of this Part.

43.-(1.) Any owner of stock (or his agent) may, ';Vhen ~ny of his stock are upon the lands of any other person (mcludmg lands leased from the Crown to that other person), enter upon those lands and drive his stock off the lands of that other person:

Provided that an owner of stock (or his agent) shall, before entering upon the lands of any other person give to that other person not less than two days' nor more than seven days' notice in writing of his intention to enter upon those lands and drive his stock off those lands and shall specify in that notice the place at which he intends to enter upon and also the place at which he intends to leave those lands.

{2.) Any .person who enters u.pon the lands of any other person (including lands leased from the Crown to that other person) and drives any stock off the lands of that other person without giving the notice referred to in the last preceding sub­section shall be guilty of an offence.

Penalty: Fifty pounds or imprisonment for six months. (3.) Any person who drives .away .any stock, other than

his own or .his master's or employer's, from the land or out of the herds of any other person shall be guilty of an offence, unless he proves to the satisfaction of the Court that he had reasonable ground for believing the stock were his own or his master's or employer's.

Penalty; Fifty pounds or imprisonment for six months. 44. Any person in whose possession is found any stock

reasonably suspected to have been stolen shall be guilty of an -offence, unless he proves that he acquired the stock in a lawful manner.

Penalty: Fifty pounds or imprisonment for six months. 45. Any person who unlawfully uses stock without the

consent of the owner or person in lawful possession thereof shall be guilty of an offence.

Penalty: Imprisonment for six months, or a fine of Twenty pounds for every head of stock used.

45A. No person shall open any gate in a fence erected to prevent the passage of stock except for the purpose of an animal, vehicle or person passing through that gate.

Penalty: Fifty pounds. .'

I )

~ f •

"

Police and Police Offences Ordinance 1923-1960.

[ss. 45B-45B.

45B. Any person who opens or causes to be opened any gate in a fence erected to prevent the passage of stock, for the purpose of an animal, vehicle or person passing through that gate, shall ensure that the gate is closed and securely fastened immediately after the vehicle, animal or person, as the case may be, has passed through the gate.

Penalty: Fifty pounds.

PART VIA.-OFFENCES IN RELATION TO ABORIGINAL CEREMONIAL GROUNDS AND RELICS.

45A. A person shall not, whether on land belonging to the Crown or to the Commonwealth or on any other land, wilfully or negligently deface, damage, uncover, expose, excavate or otherwise interfere with-

(a) a cave or other place in which ancient remains, human or otherwise, are situated;

(b) a place which is, or has been at any time, used by Australian aboriginal natives as a ceremonial, burial or initiation ground; or

(c) a carving, painting or other representation on rock or on an inanimate object,

except with the written permission of the Administrator. Penalty: Twenty pounds.

45B.-(I.) A person shall not, without the written per­mission of the Administrator, whether on land belonging to the Crown or to the Commonwealth or on any other land, wilfully destroy, remove or conceal-

(a) an Australian aboriginal native relic or curio; (b) an article of ethnological or anthropological

interest or value; (c) an article manufactured by Australian aboriginal

natives with native tools and according to native methods; or

(d) a carving, painting or other representation on rock or on an inanimate object.

Penalty: Twenty pounds. (2.) This section shall not apply to any person who has

any object mentioned in sub-section (1.) in his possession at the date of commencement of this section or who thereafter manufactures or brings any such object into existence.

* * * * * *

Failure to close stock gates. Inserted by No. 5, 1960, s. S.

Part VIA. inserted by No. 1, 1955, s.4.

Offences in conncxion with ancient remains, caves, &c. Inserted by No. 1, 1955, s.4.

Offences in connexion with relics,curios, ac. Inserted by No. 1, 1955, s.4.

Part VIB. (Sections 45c-451') inIIertecl by No. 18, 1957, s.5;:aD4 repealed lIy No. 30, 1957, s.4.

1888

Drunkenness in public place. S.A. 1257, 1916, s.56.

Added by No. 12, 1938, •• 2.

Added by No. 12, 1938, •• 2.

Fighting or riotous or indecent, &c., conduct. lb., s. 57. Amended by No. 19, 1932, s. 20; No. 12, 1938, s. 3; No.6,1949, •• 2; Bnd No. 14, 1953, 8.18.

Loitering. Inserted by No. 6, 1947, s.2.

Oisturbing good order of vessel in harbour. or of public house. lb., s. 58.

ss. 46-48.] Police and Police Offences Ordinance 1923-1960.

PART VII.-OFFENCES GENERALLY.

46.-(1.) Any person found drunk in any road, street, thoroughfare, or public place shall for the first offence be liable to a penalty not exceeding One pound, or to imprisonment for any period not exceeding three days, and for any subsequent offence to a penalty not exceeding Five pounds, or to imprison­ment for any period not exceeding fourteen days.

(2.) The Court by which any person is convicted under this section on the complaint of a member of the police force may, whether it imposes a fine or not, order, on the application of the complainant, that the defendant pay to the complainant a reason­able sum to cover the expenses of any of the following things:-

(a) Apprehending the defendant; (b) Conveying him to any police station; (c) Keeping him in custody until trial; (d) Medically examining him.

(3.) Any amounts received by the complainant under this section shall be paid by him into the Consolidated Revenue Fund.

47. Every person who is guilty-(a) of any riotous, offensive disorderly or indecent

behaviour, or of fighting, or of using obscene language, in or within the hearing or view of any person in any road, street, thoroughfare, or public place, or

(b) of disturbing the public peace; (c) of any riotous, offensive disorderly or indecent

behaviour in any police station; or (d) of offensive behaviour in or about a dwelling house,

dressing-room, training-shed or clubhouse, shall be guilty of an offence.

Penalty: Five pounds, or imprisonment for two months.

47A.-(1.) A person standing in any road, street, or thoroughfare shall not refuse or neglect to move on when requested by a member of the Police Force so to do.

(2.) A person loitering in any road, street, thoroughfare or public place shall, on request by a member of the Police Force to cease loitering, cease so to loiter.

Penalty: Two pounds. (3. ) In this section, " loiter" means to idle or linger about.

48. Every person who-(a) on board any vessel (not being then actually

engaged in His Majesty's service, and not being a vessel of war the commanding officer whereof

~ i

I j

Police and Police Offences Ordinance 1923-1960.

[ss. 48-51.

holds a commission from any foreign Govern­ment or Power), lying or being in any harbour, port, river, or creek or in any dock adjacent thereto, is guilty of riotous or indecent behaviour while drunk, or of fighting or using threatening, abusive, or insulting words, or behaving in a threatening abusive, or insulting manner, and disturbing the peace and good order of the vessel, or with intent to commit a breach of the peace or whereby a breach of the· peace might have been occasioned; or

(b) in any premises licensed for the sale of fermented or spirituous liquors, is guilty of riotous or indecent behaviour while drunk, or of fighting, or using threatening or abusive words, or insult­ing behaviour, and disturbing the peace of the licensed premises, or with intent to commit a breach of the peace or whereby a breach of the peace might have been occasioned,

shall be guilty of an offence. Penalty: Two pounds, or imprisonment for seven days.

49. Any person who rides or drives negligently, carelessly, or furiously through any road, street, or public place shall be guilty of an offence.

Penalty: Two pounds.

Furious driving.

1889

S.A. 1257, 1916, s.59.

49A. Any person who- I1I~gally •

(a) drives or uses any vehicle (other than a motor =:::::e. vehicle within the meaning of the Motor Vehicles No. 19, 1932. . ~n Ordmance 1930); or

(b) works or uses any horse or other beast of burden, without first obtaining the consent of the owner thereof, shall be gUilty of an offence.

Penalty: Twenty pounds.

50. Any person who offends against decency by the ?ena1ty for

f h·· bl' I . th mdecent exposure 0 IS person III any street or pu lC p ace, or III e exposure of

view thereof, shall be guilty of an offence. . the person. lb., s. 60.

Penalty: Ten pounds, or imprisonment for one month.

51. Any person who wilfully and wantonly disturbs the Unlawfully

occupant of, or any other person in, any house, by pulling or ~t,tg house

ringing any door bell, or knocking at any house, without lawful lb., s. 61.

excuse, shall be guilty of an offence. Penalty: Two pounds.

1890

Penalty for using artificial light for shooting. Inserted by No. 19, 1932, s.22.

Injurinl! or extingwshing street lamps. S.A. 1257, 1916, •• 62.

Obscenity. lb., s. 63. Substituted by No. 5, 1960, s.6.

~~e.=c animals. lb., s . .64.

Challenp to filht. lb., s. 65.

ss. 51A-55 (1.).] Police and Police Offences Ordinance 1923-1960.

51A. If any artificial light is used in connexion with the discharge of any firearm in any public place, or in any place situated so near a public place that the discharge of firearms therefrom is likely to endanger persons in that public place, the person using that artificial light and the person discharging that firearm shall be guilty of an offence.

Penalty: Two pounds.

52. Any person who wantonly or maliciously breaks or injure* any pane of glass, lamp, or lamp post, or extinguishes any lamp set up for public convenience, shall be liable to a penalty not exceeding Five pounds, and in addition shall defray the necessary expense of repairing the damage done, to be estimated by the convicting Justice.

53. Any person who-(a) in any public street, road, thoroughfare or place,

or within the view or hearing of any person passing therein-

(i) sings any obscene song or ballad, or writes or draws any indecent or obscene word, figure or representation, or uses any profane, indecent or obscene language, or

(ii) being a common prostitute, solicits, im­portunes or accosts any person for the purposes of prostitution, or loiters about for the purposes of prostitution ; or

(b) ill any public street, fGad, thOl'oughfare, or place, uses any threatening, abusive, or insulting words, or behaves in a threatening, abusive, or insulting manner,

shall be guilty of an offence. Penalty: Five pounds, or imprisonment for two months.

54. Any person who steals any dog. or any bird or animal ordinarily kept in a state of confinement and not being the subiect of larceny, shall be liable to a penaky not exceeding Twenty pounds, in addition to the value of the dog, bird, or animal stolen.

55.-( 1.) Any person who sends or accepts, either by word or letter, any charllenge to fight for money, or engages in any prize fight, shall be liable to a penalty of not less than Two pounds or more than Twenty pounds, or to imprisonment, f-or any period not exceeding three months.

• Sic.

Police and Police Offences Ordinance 1923-1960.

[ss. 55 (2.)-56 (t.).

(2.) The Justice before whom any person is convicted of an offence against this section may, if he thinks fit, in addition to imposing a penalty, also require that person to find sureties for keeping the peace.

56.-(1.) Any person who-(a) having no visible lawful means of support or insuffi­

cient visible lawful means of support, on being thereunto required by any Justice or having been duly summoned for that purpose or brought before any Justice, does not give a good account of his means of support to the satisfaction of the Justice;

(b) not being an aboriginal native of Australia or the child of an aboriginal native of Australia, being found lodging or wandering in company with any of the aboriginal natives of Australia and being thereunto required by any Justice, fails to give a good account, to the satisfaction of the Justice-

(i) that he has a lawful fixed place of residence and lawful means of support, and

(ii) that such lodging or wandering has been for some temporary and lawful occasion only;

( c) wanders abroad, or from house to house, or places himself in any public place, street, highway, court, or passage, to beg or gather alms, or causes or procures or encourages any child so to do;

(d) being found by night armed with any gun, pistol, sword, bludgeon, or any offensive weapon or instrument, being thereunto required does not give a good account of his means of support and assign a valid and satisfactory reason for his being so armed;

(e) has on or about his person, without lawful excuse (proof whereof shall lie upon the person charged), any deleterious drug, or any article of disguise;

(I) being an habitual drunkard, has been thrice con­victed of drunkenness within the preceding twelve months;

(g) is the occupier of any house which is frequented by reputed thieves, prostitutes, or persons who have no visible means of support;

1891

Idle and disorderly persons. S.A. 1257, 1916, s.66. Sub·semon (1.) amended ..,.. No. 6, 1947, 1.3; and No. 18, 1957, s.6.

1892

Ropes and yqabonds. S.A. 1257, 1916, s.67. SaHection (1.) IIm8IIded by N .14, 19Z6, .. 6; No. 19. 1931, s. 13; No. 11, 1938, •• 5; and No. 5, 1968 ••• 7. AIIeetecIby No. 18, 1939. .. 9 and Second Schedule.

ss. 56 (1.)-57 (1.).] Police and Police Offences Ordinance 1923-1960.

(h) being a common prostitute, wanders in the public streets or highways, or is in any thoroughfare or place of public resort and behaves in a riotous or indecent manner; or

(i) habitually consorts with reputed criminals, known prostitutes or persons who have been convicted of having no visible lawful means of support,

shall be deemed an idle and disorderly person within the mean­ing of this Ordinance, and shall be guilty of an offence.

Penalty: Imprisonment for two months. (2.) Where any person is accused of having no visible lawful

means of support, or of having insufficient lawful means of support, proof that he possesses money or other property shall be no defence unless it is also proved that the money or property was honestly obtained.

(3.) When any person is convicted under paragraph (d) of sub-section ( 1.) of this section, any gun, pistol, sword, bludgeon, or other offensive weapon or instrument with which the person was armed contrary to the provisions hereof shall be forfeited to His Majesty.

57.-( 1.) Any person who-(a) being an idle or disorderly person, commits any of

the offences mentioned in the last preceding section;

(b) solicits, gathers, or collects alms, subscriptions, or contributions under any false pretence, or wanders abroad and endeavours by the exposure of wounds or deformities to obtain or gather alms;

(c) imposes, or endeavours to impose, upon any charit­able institution or private individual, by any false or fraudulent representation, either verbally or in writing, with a view to obtaining money or any other benefit or advantage;

(d) pretends to tell fortunes, or uses any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose upon any of His Majesty's subjects;

(e) has in his custody or possession, without lawful excuse (proof whereof shall be upon the person charged), any picklock, key, crow, jack, bit, or other implement of housebreaking;

(f) (i) wilfully exposes to view in any street, road, thoroughfare, highway, or public place; or

Police and Police Offences Ordinance 1923-1960.

[so 57 (1.).

(ii) exposes, or causes to be exposed, in any window or other part of any shop or other building situated in any street, road, thoroughfare, highway, or public place; or

(iii) offers for sale, or attempts to dispose of, any obscene book, print, picture, drawing, or representation;

(g) being in any public place or being visible from any public place wilfully and obscenely exposes his person or wilfully does any grossly indecent act whether alone or with any other person;

(h) being a male person-(i) knowingly lives wholly or in part on the

earnings of prostitution; or (ii) in any public place persistently solicits or

importunes for immoral purposes; (i) plays or bets at thimble-rig, the purse trick, the three

card trick or any other game played in the same way or of a kindred nature;

(j) plays or bets at or with any table or instrument of gaming at any game or pretended game of chance, in any street, road, highway, or other public place, or in any railway carriage, or at, on, or near any race-course, fair, exhibition, or show building or grounds;

(k) (i) in or near any public place or place of public resort, or in or near any house or premises licensed for the sale of liquor, engages in betting, or solicits or encourages any other person to bet, upon-

( 1) any confidence game or trick of sleight of hand; or

(2) any game or trick played with any instrument, which, in the opinion of the Justice hearing the case, is constructed or used as a means of cheating; or

(ii) being a known or reputed cheat, loiters in or near any public place or place of public resort, or in or near any premises licensed for the sale of liquor, and has in his posses­sion any instrument of gaming, or any instrument which, in the opinion of the Justice hearing the case, is constructed or used as a means of cheating, unless that person accounts, to the satisfaction of the Justice, for his having the instrument in his possession;

1893

1894 s. 57 (1.)-(3.).] Police and Police Offences Ordinance 1923-1960.

(I) being a suspected person or reputed thief, is in, on or near, with intent to commit any offence triable on information in the Supreme Court or any indictable offence, any river ~ canal, navigable stream, dock, or basin, or any quay, wharf, or warehouse near or adjacent thereto, or any street, highway, or avenue leading thereto, or any place of public resort, or any avenue leading thereto, or any street, highway, or place adjacent;

(m) being apprehended as an idle and disorderly person, violently resists any member so appre­hending him, and is subsequently convicted of the offence for which he was so apprehended;

(n) is found in or upon any dwelling, lands, warehouse, shop, office, coach-house, garage, stable, dress­ing-room, training-shed, clubhouse, tent, out­house or any other building, structure or erection, or in any enclosed yard, garden or area, without lawful excuse the proof of which shall lie upon such person;

(0) wanders about and lodges in any out-house or deserted or unoccupied building, or in the open air, or in any cart or waggon, and who has no visible means of support, and does not give a good account of himself; or

(p) leaves his wife or child-(i) chargeable, or whereby either of them

becomes chargeable, to the public; or (ii) without means of support other than

public charity,

shall be deemed a rogue and vagabond within the meaning of this Ordinance, and shall be guilty of an offence.

Penalty: Imprisonment for six months.

(2.) When any person is convicted under paragraph (e) of the last preceding sub-section, any picklock, key, crow, jack, bit, or other implement of housebreaking in the custody or posses­sion of that person shall be forfeited to His Majesty.

Amended bJ (3.) Where a male person is proved to live with, or to be ~;.18. 1957. habitually in the company of, a prostitute, and has no visible

lawful means of support, or insufficient visible lawful means of support, he shall. for the purposes of paragraph (h) of sub­section (1.) of this section, unless he satisfies the Justice hearing the case to the contrary, be deemed to be knowingly living on the earnings of prostitution.

Police and Police Offences Ordinance 1923-1960.

[ss. 5'1 (4.).59 (2.).

(4.) Where any person is convicted under paragraph (j) of sub-section ( 1.) of this section, any table or instrument of gaming at or with which he has played or betted contrary to the provisions hereof shall be forfeited to His Majesty.

(5.) In proving under paragraph (I) of sub-section (1.) of this section, the intent to commit any offence therein specified, it shall not be necessary to show that the person charged was guilty of any particular act or acts tending to show his intent but he may be convicted if from the circumstances of the case and his known character as proved to the Court it appears to the Court that his intent was to commit that offence.

58.-(1.) Any person who-(a) breaks or escapes out of any place of legal confine­

ment before the expiration of the period for which he was committed or ordered to be con­fined;

(b) commits any offence which subjects him to be dealt with under the last preceding section as a rogue and vagabond, he having been previously con­victed thereunder; or

(c) being apprehended as a rogue and vagabond, violently resists any member so apprehending him, and is subsequently convicted of the offence for which he has been so apprehended,

shall be deemed an incorrigible rogue, and shall be guilty of an offence.

Penalty: Imprisonment for one year. (2.) Nothing shall prevent any person guilty of any such

offence as mentioned in this section from being committed to the nearest gaol, there to remain until the next criminal sittings of the Supreme Conrt held in the Northern Territory, or held nearest to where the offence has been committed.

(3.) Every offender who is committed to a gaol as aforesaid shall be there kept to hard labour during the period of his commitment.

1895

Added by No. 12, 1938, s.s.

Incorrigible rogues. S.A. 1257, 1916, s.68. Sub·section (1.) amended by No. 19, 1932, s. 2 and Scbedule.

59.-(1.) Any member or other person apprehending any Seizure of

person charged with being an idle and disorderly person, or a ~~~:::fo~nof d bo d .. 'bl . Idle and rogue an vaga n·, or an mcorngl· e rogue, may seIZe any disorderly

horse or other cattle, or any goods or vehicle, in the possession persons, &c.

or use of the person so apprehended and charged. ~~;":!~n (1.1

(2.) Every Justice by whom any person is adjudged to be an ~,::~t,~1~2. idle and disorderly person, or a rogue and vagabond, or an &i!I'::e. incorrigible rogue, shall order-

(a) that that person be searched; and

1896

Valueless cheques. S.A. 1257, 1916, s.70.

Fraud other than false pretences. Inserted by No. 12, 1938, B.6. Persons suspected of having stolen goods. Substituted by No. 19, 1932, s.24.

ss. 59 (2.)-61 (1.).] Police and Police Offences Ordinance 1923-1960.

(b) that his trunks, boxes, bundles, parcels, or packages, and any cart or other vehicle found in his possession or use, be searched; and

(c) that any money, which may then be found with or upon that person, be paid and applied for or towards the expenses of apprehending and con­veying him to gaol, and maintaining him during the period for which he is committed, and towards the expense of the keep of any horse or other cattle seized under this section, during the time the horse or cattle is detained.

(3.) If, upon such search, money sufficient for the purposes aforesaid is not found, the Justice may order-

(a) that the horse or other cattle, and so much as is necessary of any other property seized under this section, be sold; and

(b) that the produce of the sale be paid and applied as aforesaid; and

(c) that the balance of the money or effects, after deducting the charges for the sale, be returned to the offender.

60. Any person who obtains any chattel, money, or valuable security by passing any cheque which is not paid on presentation shall, notwithstanding that there may have been some funds to the credit of the account on which the cheque was drawn at the time it was passed, be guilty of an offence, unless he proves-

(a) that he had reasonable grounds for believing that the cheque would be paid in full on presentation, and

(b) that he had no intent to defraud. Penalty: Imprisonment for one year. 60A. Any person who obtains any chattel, money, valuable

security or credit by fraud other than false pretences shall be liable on summary conviction to imprisonment for one year.

61.-(1.) Any person having in his possession or convey­ing in any manner any personal property whatsoever which, in the opinion of the Special Magistrate or the Justices before whom he is charged, was at any time prior to the making of that charge reasonably suspected of having been stolen or unlawfully obtained at the time of being in his possession or being conveyed by him, shall, if he does not give an account to the satisfaction of the Special Magistrate or Justices as to the manner in which the property came into his possession, be guilty of an offence.

Penalty: One hundred pounds, or imprisonment for one year.

* *

Police and Police Offences Ordinance 1923-1960.

* * *

[ss. 61 (3.)-62 (1.).

* * (3.) Any personal property referred to in sub-section (1.)

of this section, if proved to be or to have been in the possession of the person charged under that sub-section, whether in a building or otherwise, and whether the possession thereof had been parted with by that person before being brought before the Special Magistrate or Justices or not, shall, for the purpose of this section, be deemed to be in the possession of that person.

(4.) If the true owner of any personal property suspected of having been stolen or unlawfully obtained is not discovered within one month from the conviction under this section of any person for an offence with respect to that personal property, that personal property may be sold by public auction, and the pro­ceeds of the sale, if not claimed by the true owner within twelve months, shall be paid into the Consolidated Revenue Fund.

62.-(1.) Whenever any credible witness proves upon oath before any Justice that there is reasonable cause to suspect that any such property as mentioned in this section has been taken or stolen, and is to be found in any house or other place, it shall be lawful for the Justice to issue a warrant to search the house or place for the property, and any person in whose possession, or on whose premises, any of the property is found by virtue of any such warrant, or by any member of the Police Force when executing any general search warrant or any other warrant, or otherwise acting in the discharge of his duty, who does not satisfy the Special Magistrate or Justices before whom he is brought that he came lawfully by the same, or that the same was on his premises without his knowledge or consent, shall-

(a) if the property so found consists of any goods, mer­chandise, or other articles belonging to any ship or vessel in distress, or wrecked, stranded, or cast on shore, be liable to a penalty not exceeding Twenty-five pounds or to imprisonment for any period not exceeding twelve months;

(b) if the property so found consists of the carcass, or the head, skin, hide, fleece, feet, or other part of any cattle, be liable to a penalty not exceeding Twenty-five pounds, or to imprisonment for any period not exceeding twelve months;

(c) if the property so found consists of the whole or any part of any tree, sapling, or shrub, or any under­wood, or any part of any live or dead fence, or any post, picket, rail, stile, or gate, or any part thereof (being of the value of not less than One shilling), be liable to a penalty not exceeding

1897

SuIMeetiaD (2.) omitted by No. 6. 1935. t.2.

Where property improperly taken or stolen is found and not satisfactorily accounted for. S.A. 1257. 1916. s.72.

1898 s. 62 (1.)-(4.).] Police and Police Offences Ordinance 1923-1960 ..

Ten pounds, or to imprisonment for any period not exceeding six months, and in addition shall pay to the party aggrieved the value of the property so found.

(2.) Any person who-

(a) offers or exposes for sale any goods, merchandise, or articles (whether found by virtue of a search warrant or not) which have been unlawfully taken, or are reasonably suspected of having been unlawfully taken, from any ship or vessel in distress, or wrecked, stranded, or cast on shore, and

(b) does not satisfy the Special Magistrate or Justices before whom he is brought that he came lawfully by the same, or that the same were on his premises without his knowledge or consent,

shall be liable to a penalty not exceeding Twenty-five pounds, or to imprisonment, with or without hard labour, for any period not exceeding twelve months, and in addition shall pay such sum as the Special Magistrate or Justices fix as a reasonable reward to the person who seized the goods, merchandise, or articles.

(3.) In every case to which this section applies, any person to whom any such property as is therein mentioned is offered for sale, or any officer of the Customs or member of the Police Force, may lawfully seize the same, and shall with all convenient speed cause the same to be removed to a Special Magistrate or two or more Justices, and in every such case it shall be lawful for the Special Magistrate or Justices by whom the case is heard to direct that the property be delivered over to the rightful owner, if known, or, if the rightful owner is not known, that the same be sold, and the proceeds thereof applied in the same manner as any penalties under this Ordinance.

(4.) If any person charged with any offence against this section is not convicted thereof, it shall be lawful for the Special Magistrate or Justices hearing the case, at his or their discretion, to compel the attendance before him or them of any person through whose hands any such property as mentioned in this section, or any part thereof, appears to have passed, and if the person from whom the same was first received. or any person who has had possession thereof, does not satisfy such Special Magistrate or Justices that he came lawfully by the same, he shall be liable to the appropriate punishment provided by this section.

Police and Police Offences Ordinance 1923-1960.

[ss. 63-64 (1.).

-63.-(1.) Any person who wilfully and maliciously com­mits any damage, injury, or spoil to or upon any real or personal property whatsoever, whether public or private, shall be liable to a penalty not exceeding Five pounds, or to imprison­ment for any period not exceeding two months, and shall aiso pay to the party aggrieved such further sum of money (not exceeding Ten pounds) as appears to the Justice hearing the case to be a reasonable compensation for the damage, injury, or spoil so committed.

(2.) NDthing herein contained shall extend tD-(a) any act done in the course of a trespass, where the

party trespassing acted under a fair and reason­able supposition that he had a right to do the act, or

(b) any trespass, not being unlawful or malicious, com­mitted in hunting or fishing, or in the pursuit of game.

(3.) Every such trespass shall be punishable in the same manner as if this Ordinance had not been passed.

64.-(1.) Any person who--(a) steals, or damages with intent to steal, any part of

any live or dead fence, or any post, picket, or rail set up or used as a fence, or any stile or gate, or any part thereof respectively, or receives the same, knowing it to have been stolen or unlaw­fully come by, shall pay to the party aggrieved the value of the pmperty stolen or the amount of the damage done, and shall also be Hable for the first offence to a penalty not exceeding Five pounds, or to imprisonment for any period not exceeding one month, and for any subsequent offence to double the amount of the said punish­ment;

(b) steals, or cuts, breaks, roots up, or otherwise destroys or damages, with intent to steal, the whole or any part <>f any growing tree, sapling, shrub, or underwood, or any growing fruit or vegetable production {)f any growing cultivated root or piant. or receives the same, knowing it to have been stDlen or unlawfully come by, shall, if the value of the pmperty stolen or the amount of the damage done does not exceed Five pounds, pay to the party aggrieved such value or amoUlllt, and shall also be liable for the first offence to a

1899

Malicious injury to property. S.A. 1257, 1916, s.73.

Destroying property with intent to steal, or unlawfully retaining or disposing of property. lb., •. 74.

1900 ss. 64 (1.)-65 (1.).] Police and Police Offences

Penalty on penons sel1lna adulterated or unwholesomo articles of food. S.A. 12S7. 1916 • •• 7S.

Ordinance 1923-1960.

penalty not exceeding Five pounds, or to im­prisonment for any period not exceeding one month, and for any subsequent offence to double the amount of the said punishment; or

(c) being an artificer, workman, journeyman, appren­tice, or other person, unlawfully disposes of, or retains in his possession, without the consent of the person by whom he is hired, retained, or employed, any goods, wares, work, or materials (not exceeding Ten pounds in value) committed to his care or charge, shall pay to the party aggrieved such compensation as the convicting Justice thinks reasonable, and shall also be liable for the first offence to a penalty not exceeding Ten pounds, or to imprisonment for any period not exceeding three months, and for any subse­quent offence to double the amount of the said punishment.

(2.) Any person to whom any such property as mentioned in this section is offered to be sold, pawned, or delivered, who has reasonable cause to suspect that any such offence as herein­before mentioned has been committed with respect to such property, is hereby authorized to arrest without a warrant, and with all convenient speed to carry before a neighbouring Justice, the person offering the same, together with the property, to be dealt with according to law.

(3.) In every such case the property shall, by order of the Justice by whom the charge against the person offering the same is heard and determined, be delivered over to the rightful owner, if known, or, if the rightful owner is not known, the same shall be sold, and the proceeds thereof applied in the same manner as penalties under this Ordinance.

65.-(1.) Any person who-(a) sells, or offers for sale, as food for human consump­

tion, any grain, flour, meat, or vegetable which in whole or in part is spoiled or in any manner adulterated, or

(b) exhibits for sale any unwholesome or fraudulently prepared provisions, meat, or other food of any kind for man or beast, or practises any deceit or fraud in respect of the quality of any such pro­visions, meat, or food,

shall be guilty of an offence. Penalty: Ten pounds, or imprisonment for two months.

Police and Police Offences Ordinance 1923-1960.

[ss. 65 (2.)-68.

(2.) Any Justice may seize, or cause to be seized, any such provisions, meat, or food as mentioned in paragraph (b) of the

~ last preceding sub-section as to which any such offence as 1 therein mentioned has been committed.

(3.) Upon the conviction of any person for an offence against this section, any grain, flour, meat or vegetable, or any provisions, meat or food, with respect to which the offence was committed, shall be forfeited by the offender, and shall be dis­posed of in such manner as the convicting Justice directs.

1901

66.-(1.) Every person who has or keeps any house, shop, Regulation

room, or place of public resort wherein provisions, liquor, or ~~g~~~~. refreshments of any kind are sold or consumed (whether the S.A.1257,1916,

same are kept or retailed therein or procured elsewhere), who-- 1.76.

(a) wilfully and knowingly permits drunkenness or other disorderly conduct in the house, shop, room, or place; or

(b) knowingly suffers any unlawful games or any gaming whatsoever therein; or

(c) knowingly permits or suffers youths under the age of sixteen years to enter and remain therein; or

(d) knowingly permits or suffers prostitutes or persons of notoriously bad character to meet together and remain therein,

shall be guilty of an offence. Penalty: Five pounds. (2.) If any person who is convicted of any contravention of

this section is the holder of a publican's licence under the Licensing Act 1908 of the State of South Australia, or under any law amending or in substitution for that Act and, for the time being, in force in the Northern Territory, the fact that he has been so convicted shall not be construed to exempt him from any penalties or penal consequences to which he may be liable under that Act for committing an offence against that Act.

67. If any person, in any public place or place of public resort, plays at, or is present at the playing of, any unlawful game or plays at, or is present at the playing of, either of the games commonly known as "pitch and toss" and "two-up" respectively, he shall be guilty of an offence.

Penalty: Two pouncls.

68. Any person who, by any fraud or unlawful device or ill-practice-

(a) in playing at or with cards, dice, or tables, or at any other game; or

(b) in bearing a part in the stakes, wagers, or adven­tures; or

Playing unlawful game. lb., s. 77. Amended by No. 6, 1947, s.4.

CheaIing at play. lb., s. 78.

1902

False reports to police. losertedby No. 12, 1'38, s.7.

Penalty for offences where no special penalty is appointed. S.A. 1257, 1916, s.79.

Penalty for compounding informations. lb., s. 80.

On non-payment of penalties, &c., Justice may imprison. lb., s. 81.

ss. 68-71.] Police and Police Offences Ordinance 1923-1960.

(c) in betting on the sides or hands of the players; or (d) in wagering on the event of any game, sport,

pastime, or exercise, wins from any other person for himself or any other or others any sum of money or valuable thing, shall be deemed guilty of obtaining such money or valuable thing from such other person by a false pretence, with intent to defraud or cheat such person of the same, and shall be punishable accordingly.

68A.-(1.) Any person who falsely and with knowledge of the falsity of his statements represents to any member of the police force that any act has been done or that any circum­stances have occurred, which act or circumstances as so repre­sented are such as reasonably call for investigation by the police, shall be guilty of an offence.

Penalty: Fifty pounds. (2.) In addition to or without imposing a fine on any

defendant convicted under this section, the court may order that the defendant pay to the complainant a reasonable sum for the expenses of or incidental to any investigation made by any member of the police force as a result of the false statement.

(3. ) Any amounts received by the complainant under this section shall be paid by him into the Consolidated Revenue Fund.

( 4.) This section shall not be held to restrict the operation of any other enactment or rule of law.

69. Every misdemeanour or other offence against this Ordinance for which no special penalty is provided shall render the offender liable to a penalty of not more than Five pounds, or to imprisonment for any period not exceeding one month.

70.- ( 1.) If any person lays any information before any Justice for any offence alleged to have been committed, by which he was not personally aggrieved, and afterwards directly or indirectly receives, without the permission of such Justice, any sum of money or other reward for compounding, delaying, or withdrawing such information, any Justice may issue his warrant or summons, as he thinks best, for bringing that person before him.

(2.) If the facts mentioned in the last preceding sub-section are proved by the confession of the person charged, or by the oath of any credible witness, that person shall be guilty of an offence.

Penalty: Ten pounds. 71. In every case of the adjudication of a pecuniary penalty

or amends under this Ordinance or of the forfeiture of a sum of money payable under a recognizance taken under this Ordinance

Police flnd Police Offences Ordinance 1923-1960.

(ss. 71-74 (2.).

or befot:e any Justice, and of the non"'paymentof the pecuniary penalty or amends, or money payable as aforesaid, tiny J usace may commit the offender or person making default in payment to prison for any period not exceeding three months, the im­prisonment to cease on payment of the sum due and the costs of such proceedings as may have been taken for the recovery tltereof.

72. Such part of every pecuniary penalty imposed under this Ordinance as is not awarded to any informer or other person who has contributed to the conviction shall be applied to such uses as are directed by any Act or Ordinance for the time being in force in the Northern Territory providing for the appro­priation of those penalties; and in case tJae appropriation thereof IS not provided for by any such Act or Ordinance, such part as aforesaid of every such pecuniary penahy shall be· paid into the Consolidated Revenue Fund.

PART VIII.-OFFENCES IN PROCLAIMED LOCALITIES.

7.3. The provisions of this Part shall apply only in such part or parts of the Northern Territory as are specified by the Administrator by proclamation published in the Gazette and in my such part or parts shall apply only to the extent specified in the proclamation.

74.-( 1.) The Commissioner may, as occasion arises, give directions either in writing, orally, or by any agency which he thinks fit-

(a) specifying the route to be observed by motor vehicles, vehicles of any other kind, horses, and persons, and for preventing the obstruction of the streets and thoroughfares on any occasion of public procession, public rejoicings, or public illuminations;

(b) for keeping order, or for preventing any obstruc­tion of the streets or thoroughfares in the imme­diate neighbourhood of any public building, public office, theatre, or place of public resort; and

(c) for keeping order or for preventing any obstruction of the streets or thoroughfares on any occasion when the streets or thoroughfares are thronged or are liable to be obstructed.

(2.) 'Ihe OomnUssioner may. delegate his powers under this section m. any partic\llar case to any Superintendent or Inspector of Police.

1903

H" .. peoaltiea lobe applied.

S.A. 12'7, 1916-1.82.

Application of this Pan. lb., .. 83.

Power to regulate traffic in certain cases. Substituted bJ No. 19, 1932, •• 25.

1904 ss. 74 (3.)-75(1.).] Police and Police Offences Ordinance 1923-1960.

(3.) Any person who, on being requested by any member to comply with any direction given pursuant to this section, fails to forthwith comply with such direction, shall be guilty of an offence.

Penalty: Five pounds.

Prohibition of 75.-( 1.) Any person who, in any street, road, thorough-nuisances in f bl' I thoroughfares. .are, or pu IC pace-S.A. 1257. 1916. (a) to the annoyance of the inhabitants or passengers, •• 8S.

exposes for show or sale (except in a market lawfully appointed for that purpose) any horse or other animal, or feeds or fodders any horse or other animal (horses attached to vehicles stand­ing for hire on any public stand excepted), or shows any caravan containing any animal, or any other show or public entertainment, or shoes, bleeds, or farries any horse or other animal (except in case of accident), or cleans, dresses, exercises, trains, or breaks any horse or animal, or cleans, makes, or repairs any part of any carriage or cart (except in cases of accident where repair on the spot is necessary); or

(b) turns loose any horse or any cattle, or suffers to be at large any unmuzzled ferocious dog, or sets on or urges any dog or other animal to attack, worry, or put in fear any person, horse, or other animal; or

(c) by negligence or ill-usage in driving cattle causes any mischief to be done by those cattle, or in any way misbehaves himself in the driving, care, or management of those cattle; or, not being hired or employed to drive those cattle, wantonly and unlawfully pelts, hurts, or drives any such cattle; or

(d) (i) being the driver of any waggon, cart, or dray of any kind not drawn by horses properly driven with reins, rides upon any such waggon, cart, or dray, not having some person on foot to guide the same; or

(ii) being the driver of any carriage whatsoever, is at such a distance from such carriage, or in such a situation whilst it is passing along any street, road, thoroughfare, or public place, that he cannot guide and control the horses or cattle drawing the same; or

(ill) rides upon the shafts of any waggon, cart, dray, or other vehicle whatsoever; or

Police and Police Offences Ordinance 1923-1960.

[so 75 (1.).

(iv) riding a bicycle or on horseback. or driving or propelling any waggon, cart, dray, or coach, or any other carriage or vehicle whatsoever, on meeting any other person riding a bicycle or on horseback, or driving or propelling any waggon, cart, dray, or coach, or any other carriage or vehicle whatsoever, does not keep his bicycle, horse, waggon, cart, dray, coach, carriage, or vehicle on the left or near side of the road; or

(v) in any manner prevents any other person from passing him or any vehicle under his care. or prevents, hinders, or interrupts the free passage of any vehicle or person; or

(e) (i) causes any cart or vehicle (except a vehicle standing for hire in any place not forbidden by law), or any truck or barrow, with or without horses, to stand longer than is necessary for loading or unloading or for taking up or setting down passengers; or

(ii) by means of any cart or carriage, or any truck or barrow, or any horse or other animal, wilfully interrupts any public crossing, or wilfully causes any obstruction in any thoroughfare; or

(f) after notice of any regulations made under the last preceding section, wilfully disregards any such regulation, or does not conform thereto; or

(g) without the consent of the owner or occupier, affixes any posting bill or other paper against or upon any building, wall, or fence, or writes upon, soils, defaces, or marks any building, wall, or fence with chalk or paint, or in any other manner whatsoever; or

(h) wantonly discharges any firearm, or burns any shavings or other thing, or throws or discharges any stone or other missile, to the damage or danger of any person, or, within the Town of Darwin, makes any bonfire, or throws or sets fire to any firework, without the consent of the Darwin Town Council; or

(i) wilfully and unlawfully extinguishes the light of any lamp; or

(j) flies any kite, or plays any game, to the annoyance of the inhabitants or passengers in any street. road, thoroughfare, or public place, or to the common danger of the passengers therein; or

1905

1906

Inserted by No. Ill, 11132, 1.26; IUbstituted by No. 20, 111511, s.2.

Amended by No. 19, 11132, s.26.

Playing musical instruments so as to annoy. S.A. 1257, 1916, s.86.

Sub-section (1.) amended by N .111,11132, s. 2 and Schedule.

Amended h" N .111,11132, s. 2 and Schedul •

Removal of nuisances. lb., s. 87.

ss. 75 (1.)-77 (1.).] Police and Police Offences Ordinance 1923-1960.

(k) turns loose, or suffers any kind of swine or goats be10nging to him or under his charge to stray or go about or to be tethered or depastured, in any street, road, thoroughfare, or public place; or

(l) wilfully injures or destroys, or attempts to injure or destroy, any native or acclimatised birds on any park lands or public road or reserve (not being a public road or reserve on the banks or shores of any navigable or tidal water), without the authority of the person having the care and management of such park lands, or public road or reserve as the case may be,

shall be guilty of an offence. Penalty: Two pounds.

(lA.) A person who, without reasonable cause, discharges any firearm-

(a) in a public place; ( b) in a place situated so near a public place that the

discharge of the firearm endangers, annoys or frightens, or is likely to endanger, annoy or frighten, a person in that public place; or

(c) from a vehicle moving in or on a public place, shall be gUilty of an offence.

Penalty: Fifty pounds. (2.) It shall be lawful for any member to take into custody,

without warrant, any person who commits any such offence as mentioned in this section within view of that member.

76.-(1.) Every householder personally, or by his servant, or by any member, may require any street musician to depart from the neighbourhood of his house, on account of the illness of any inmate of the house or for any reasonable cause.

(2.) Every person who sounds or plays upon any musical instrument in any thoroughfare near to and so as to be heard at the house, after being so required to depart, shall be guilty of an offence.

Penalty: Two pounds. (3.) Every person who sounds or plays upon any musical

instrument, and against whom an information has been laid by any inhabitant who is annoyed by the sounding or playing of the musical instrument, or by any member upon the written com­plaint of the inhabitant, shall be guilty of an offence.

Penalty: Two pounds.

77.-(1.} If any privy, pig-sty, or any other matter or thing in any place is or becomes a nuisance to any of the inhabitants of that place, any Special Magistrate or any two Justices, upon complaint on oath thereof made to him or them by any such

Police and Police Offences Ordinance 1923-1960.

Iss. 77 (1.)-88.

inhabitant and after due investigation of the complaint, may, by notice in writing, order that every or any such privy, pig-sty, or other matter or thing, being a nuisance, shall be remedied or removed within seven days after the notice has been given to the owner or occupier of the premises wherein the nuisance exists, or has been left for the owner or occupier at his last or usual place of abode, or on the said premises.

(2.) Every such owner or occupier who neglects to remedy or remove the nuisance pursuant to the notice, and to the satis­faction of the Special Magistrate or Justices, shall be guilty of an offence.

Penalty: Ten pounds. (3.) The Special Magistrate or Justices may lay or cause to

be laid an information for the nuisance against the person so neglecting to remedy or remove the same, and the information shall be heard at the next sitting of the Court of competent jurisdiction nearest thereto.

(4.) If the person is found guilty, he shall be deemed to be guilty of a misdemeanour, and shall be subject to such punish­ment therefor as the Court directs, and the nuisance in question shall be taken down, removed, or abated, according to the law with regard to common or public nuisances.

1907

78. Any owner or occ~er of any premises or place who ~;1s:nL~ean neglects to keep clean all pnvate avenues, passages, yards, and SA. 1257 1916.

ways within such premises or place, so as by such neglect to s: 88. '

cause a nuisance by offensive smell or otherwise, shall be liable to a penalty of not more than Two pounds nor less than Ten shillings.

'79. Any person who bathes near to, or within view of, any Ba= public wharf, quay, jetty, bridge, street, road, or other place of ~tbin ='iD public resort between the hours of six o'clock in the morning hours.

and eight o'clock in the evening shall be liable to a penalty not ~.by exceeding One pound, and, if he so bathes within view of any N~ li:d 1931,

member, may be taken into custody by the member: ~. Provided that where, under the Darwin Town Council Ordi­

nance 1915-1923, any by-law for regulating any public bathing is in force, this section shall apply in every place to which that by-law applies as if the hours named in the by-law had been inserted in this section in lieu of the hours hereinbefore men­tioned.

80. Any person who damages any public building, waIl, D~ng parapet, sluice, bridge, road, street. sewer, watercourse. or other :b~:,Opcr1Y. public property shall pay the cost of repairing the same, and, if • the damage is done wilfully, shall, in addition to paying such cost, be Hable to a penalty of not more than Ten pounds nor less than Two pounds.

1908

PolJutlnJl or obstructIDg water-counes. S.A. 1257, 1916, .. 91.

0If_ relating to public fOuntalns. lb., I. 92.

~~~ &c., through tbellreetl. lb., .. 93.

ss. 81-83 (2).] Police and Police Offences Ordinance 1923-1960.

81. Any person who casts any filth or rubbish into any watercourse or canal, or obstructs or diverts from its channel any public sewer or watercourse, shall be liable to a penalty of not more than Ten pounds nor less than One pound, and shall pay the cost of removing the filth, rubbish, or obstruction, or of restoring the sewer or watercourse to its proper channel.

82.-(1.) Any person who damages any public fountain, pump, cock, or water-pipe, or any part thereof, shall pay the cost of repairing the same, and, if the damage is done wilfully, shall, in addition to paying the cost, be liable to a penalty of not more than Ten pounds nor less than One pound.

(2.) Any person who has in his possession any private key. for the purpose of opening any cock, or who in any manner clandestinely or unlawfully appropriates to his use any water from any public fountain or pipe, shall be liable to a penalty of not more than Ten pounds nor less than· Two pounds.

(3.) Any person who opens, or leaves open, any cock on any public fountain or pump, so that the water runs or may run to waste, shall be liable to a penalty of not more than Two pounds nor less than Five shillings.

(4.) Any person who washes any clothes at any public fountain or pump shall be liable to a penalty of not more than One pound nor less than Five shillings.

83.-(1.) If any person-(a) drives, or causes to be driven, any cart or other

carriage containing any night-soil or ammoniacal liquor or other such offensive matter through or in any street, thoroughfare, or public place between the hours of five o'clock in the morning and eleven o'clock at night; or

(b) at any time uses for any such purpose any cask, tank, cart, or carriage not having a proper covering; or

(c) fills any cart or other carriage so as to overturn or cast any night-soil, ammoniacal liquor, or other offensive matter in or upon any street, thorough­fare, or public place,

it shall be lawful for any person whomsoever, without any authority or warrant other than this Ordinance, to seize and apprehend, or to assist in seizing and apprehending, such person, and to convey him before any Justice.

(2.) The Justice is hereby authorized and required to hear evidence and determine whether any such offence has been com­mitted by the person so apprehended.

Police and Police Offences Ordinance 1923-1960.

[ss. 83 (3.)-ss.

(3.) If that person is found guilty of any such offence, he shall be liable to a penalty not exceeding Five pounds.

( 4.) If the actual offender cannot be apprehended, the owner of the cart or carriage containing the night-soil or ammoniacal liquor or other offensive matter, and also the employer of the actual offender, shall be liable to the penalty provided by this section. .

1909

84.-(1.) If any person- ~ff~ .. to

( ) . b' . k dispoSitiOn of a empties or egms to empty any pnvy, or ta es away night_a

any night-soil, or goes with carts or carriages for ~14"2'7. 1916.

that purpose, except between the hours of eleven o'clock at night and five o'clock in the morning; or

(b) puts in or casts out of any cart or tub, or otherwise, any night-soil, in or near any street, thorough­fare, or public place,

any Justice may commit that person to gaol for any period not exceeding thirty day'~, to be computed from the day of commit­ment.

(2.) The owner of any carts, carriages, horses, or beasts employed in and about emptying any privy or taking away any night-soil contrary to this section, or going for that purpose, or the employer of any person who puts in or casts out any night­soil contrary to this section, shall be guilty of an offence.

Penalty: Five pounds.

85. Any person who- !:r:':::acs (a) throws or leaves, or causes to be thrown or left, any public place.

dead animal, or any part 'thereof, upon any lb. ... 95.

street, lane, road, or other public place, or into any river, creek, or other stream which flows through, by, or along any such street, lane, road, or public place; or

(b) leaves, or causes to be left, any dead animal, or any part thereof, upon the shores of any such river, creek, or other stream; or

(c) leaves, or causes to be left, any dead animal, or any part thereof, on or upon any private property abutting upon any street, or on or near to any other public place,

to the annoyance of the inhabitants or of persons passing along or resorting to the street, lane, road, or public place, or of the occupiers of any dwelling-house, shall be liable to a penalty of not more than One pound nor less than Five shillings.

19tQ

No sand, srave1, &c., to be removed from streell without permission. S.A. 12S7, 1916, 1.96.

Drawinaor trailing timber or stone in streets. lb., I. 97.

Entrances to celJars, coal holes, &c., to be covered and secured. lb., s.98.

.. 16-81.) Police and Police Offences Ordinance 1923-1960.

86.. Any person who-(a) forms, digs, or opens any drain or sewer in, or

removes, or causes to be removed, any tud, clay, sand, soil, gravel, stone, or other material used in the formation of streets, roads, or other public highways from-

(i) any part of any road or footpath within the Town of Darwin without the written permission of the Darwin Town Council; or

(ii) any part of any road or footpath not within that Town without the written permission of a Special Magistrate or two Justices; or

(b) wantonly breaks up or otherwise damages any such road or footpath,

shall be liable to a penalty of Jl()t more than Five pounds nor less than One pound.

87. Any person who-(a) hauls or draws, or causes to be hauled or drawn,

upon any street, road, or public place, any timber, stone, or other thing, otherwise than upon wheeled carriages; or

(b) suffers any timber, stone, or other thing which is carried principally or in part upon wheeled carriages, to drag or trail upon any street, road, or public place, to the injury thereof, or to hang over any part of the carriage bearing the same so as to occupy or obstruct any street, road, or public place beyond the breadth of the carriage,

shaH be liable to a penalty not exceeding Two pounds over and above the amount of the damage occasioned thereby.

88. Any owner or occupier of any house, building, or premises having any iron or wooden rails or bars over any area or opening to any kitchen, cellar, or other part of the house, building, or premises below the level of the footpath of any street or pu.blic place, or having any doorway or entrance into the cellar or basement storey thereof, who-

(a) does not either keep the doorway or entrance, or the rails or bars of the kitchen or cellar , in good and sufficient repair. or safely and .securely guard the area or opening or doorway or entrance, and constantly keep the same securely guarded~ by a rail, or cover the same over with a strong flap

Police and Police Offences Ordinance 1923-1960.

[ss. 83-91.

or trap-door ,according to the nature of the case, so as to prevent danger to any persons passing and repassing; or

(b) leaves open, or does not sufficiently and substantially cover and keep covered and secured, any coa1-hole or other hole, or any funnel, or any trap­door or cellar-flap, belonging to or connected with the cellar or basement storey of the house, building, or premises (except only during such reasonable times as any coal, wood, cask, or other thing is being put down or taken up out of the cellar or basement storey, or during such reasonable times as the flap, trap-door, or cover­ing thereof is being altered or repaired); or

(c) does not repair, and from time to time keep in good and substantial repair, to the satisfaction of the Darwin Town Council, if the honse, building, or premises is situated within the Town of Darwin, and if not, to the satisfaction of a Special Magis­trate oraRY two Justices, any such iron or wooden rail,or guard-rail, orfiap, trap-door, or other covering,

shall be liable to a penalty of not more than Five pounds nor less than Two pounds.

89. Any person who makes any cellar, or any opening, door, or window, in or beneath the surface of the footpath of any street or public place, shall be liable to a penalty of Five poumds over and above the expense of remedyiang or removing .such cella:r, opening, door, or window, Slilch expense to be assessed and allowed by the convicting Justice.

99. Every person having a well situated between his dwelling-house or the appurtenances thereof and any street or footpath, or at the side thereof, or in any yard or place open and exposed to the street or footpath, who does not cause such well to be securely and permanently covered over or otherwise secured, shall be liable to a penalty of Two shillings and six­pence for every day that the well remains open or uncovered contrary to the provisions of this section.

~1. Any person who, being the owner or occupier of any vacant land, or of any house, tenement, or building erected or being erected or about to be erected, on which land, or in front of, adjoining, or at the side of which house, tenement, or build­ing,and adjowng any road, street, thoroughfare, or public place formed or to be formed or in course of formation. any

5438/61.-III.-8

1911

Cellars or openings beneath the surface of footpaths prohibited. S.A. 1257, 1914i, s.99.

Wells adjacent to streets to be covered over. lb., s. 100.

Holes made for foundation., &c., to be enclosed. lb .• s. lOt.

1912

Warrantato

:~ S.A. 1257, 1916. s.I02.

Lodging-houses. &<:., maybe searched.

lb •• s. 103. Amended by N .19.1931, •• 2 aDd Sebedale.

ss. 91-93.] Police and Police Offences Ordinance 1923-1960.

person digs or makes, or causes to be dug or made, any hole, or causes to be left any open hole or area or space, for the purpose of making any vault or area, or the foundation of the house, tenement, or building, or for any other purpose whatso­ever-

(a) does not forthwith enclose the same in a good and sufficient manner; or

(b) keeps up, or causes to be kept up and continued, any such enclosure for any time longer than is absolutely necessary; or

(c) does not, when thereunto required by any Justice, or in the case of any such land in the Town of Darwin by the surveyor or clerk of the Darwin Town Council, well and sufficiently fence or enclose any such hole or area or space within twenty-four hours after he is required so to do by any Justice, or by the surveyor or clerk, as the case may be, and in the manner and with such materials as he directs and to his satisfaction, and does not place a light upon the enclosure, and keep the light constantly burning from sunset to sunrise, during the continuance of the enclosure,

shall be liable to a penalty of not more than Five pounds nor less than Two pounds.

PART IX.-MISCELLANEOUS.

92. Any Justice, upon oath being made before him that any person has committed, or is suspected of having committed, any offence against this Ordinance, may issue his warrant to apprehend and bring before him or some other Justice the person in question, to be dealt with as directed by this Ordinance.

93. Any Justice, upon information on oath-(a) that any person who is an idle and disorderly person,

or a rogue and vagabond, or an incorrigible rogue, is, or is suspected to be, in any house, te1!t, or place kept, or purporting to be kept, for the reception, lodging, or entertainment of travellers or others; or

(b) that any tent, house, or place is a disorderly house, house of ill-fame, or bawdy house,

may enter the same at any time in the day or night, or may issue his warrant authorizing any member or other person in like manner to enter the same, and to apprehend and bring

Police and Police Offences Ordinance 1923-1960.

[ss. 93-95 (1.).

before him, or any other Justice, every such idle and disorderly person, rogue and vagabond, or incorrigible rogue, as is found therein, to be dealt with as directed by this Ordinance.

1913

94.-(1.) If any goods are stolen or unlawfully obtained Po~ to

from any person, or being lawfully obtained are unlawfully ~~~dt :~~ deposited, pawned, pledged, sold, or exchanged, and complaint :: 12S<>.;'e;;·I6, is made to a Justice that the goods are in the possession of any s.I04. •

broker, marine store dealer, or other dealer in second hand property, or of any person who has advanced money upon the security of the goods, it shall be lawful for the Justice-

(a) to issue a summons or warrant for the appearance of the broker or dealer, and for the production of the goods; and

(b) to order the goods to be delivered up to the owner thereof, either without any payment, or upon payment of such sum, and at such time, as the Justices think fit.

(2.) Every broker or dealer who, being so ordered, refuses or neglects to deliver up the goods, or who disposes of or makes away with the same, after notice that the goods were stolen or unlawfully obtained, shall pay to the owner of the goods the full value thereof, to be determined by the Justice:

Provided that no such order shall bar any such broker or dealer from recovering possession of the goods from the person into whose possession they come by virtue of the order, by pro­ceedings in any Court of competent jurisdiction commenced within six months after the order is made.

95.-(1.) If- ~~t~fgOOd$ (a) any goods or money which any person is charged ~~~::rul:ntly

with having stolen or fraudulently obtained is in obtained.

the custody of any member by virtue of any lb., s. I~. f J . . . f Sub-SectiOD (I.) warrant 0 a ustlCe, or III prosecutIon 0 any amended bl

charge of felony or misdemeanour with regard ~"i :::'192, to the obtaining thereof; and Schedule.

(b) the person charged with stealing or fraudulently obtaining the same is not found, or has been summarily convicted or discharged, or has been tried and acquitted, or has been tried and found guilty, but the property so in custody has not been included in any indictment upon which he has been found guilty,

any Justice may make an order for the delivery of the goods or money to the person who appears to be the rightful owner thereof, or, in case the rightful owner thereof cannot be ascer­tained, may make such order with respect to the goods or money as to the Justice seems just.

1914

This Ckdinance not to prevent the- fndictment of offenders, or liability for higher penalties. S.A. 1257. 1916, s.I06.

Certain offenders may be colllD1itted for trial by superior Court. lb., s. 107.

Powe-r to award costs. lb., s. 108.

Amends for frivolous informationl. lb., s. 109.

Facilitation of proof. r-tedby No. 19, 1932, L27.

Proceedings to be accordinl to law resnlatins summary Proceedin&s before Justices. lb •• s. 111.

ss. 95(2.)-100.] Police and Po/ice Offences Ordinance 1923-1960.

(2.) The order shall1!1ot be a bar to the right of any person to sue the person to whom the goods or money is delivered and recover the goods or Ill0ney from him by actioA, provided the action is commenced within six months after the order is made.

96. Nothing in this Ordinance contained shall save any person frcm an information for any indictable offence made punishable on summary conviction, or prevent any person from being liable to any higher or other penalty or punishment than is provided for the offence by this Ordinance:

Provided that no person shall be punished twice for the same offence.

97. Where any person is charged before any Justice with an offence cognizable by a Court of superior jurisdiction, and in the opinion of the Justice the case is proper to be disposed of by such a Court, the Justice may commit the person for trial to any Court of competent jurisdiction.

98. Any Justice who hears and determines any charge or complaint, whether a warrant or summons has been issued in consequence of the charge or complaint or not, may award such costs as to him seem just, to be paid to or by either of the parties to the charge or complaint.

99.· In every c.ase where-(a) any information or complaint of any offence is laid

or made before any Justice, and is not further prosecuted; or

(b) if such information or complamt is further prosecuted, it appears to the Justice hearing the same that there is no sufficient ground for making the charge,

the Justice shall have power to award such amends, not being more than the sum of Five pounds, to be paid by the informer to the party informed. or complained against, for his loss of time and. expenses in the matter. as to the Justice seems just.

'9-A. In any proceedings for an offence against this Ordinance, the allegation in the information or complaint that any place is within a part of the Territory to which a proclama­tion under section seventy-three applies shall, in the absence of proof to the contrary, be sufficient proof that that place is within that part of the Territory.

160 .. AB pra:eedings tmd~ this Ordinance,. ia so far as nm otkenvise expressly provided, may be had an4 taken, and·aD summonses tt)' parties and witnesses, and warrants (where necessary) for enforcing the same, may be issued and served or

Police and Police Offences Ordinance 1923-1960.

(ss. ttlO-l04.

executed respectively, in the form and manner which are prescribed by the law in force for the time being regulating summary proceedings before Justices of the Peace.

101.-(1.) Every complaint and information may be heard, tried, determined, and adjudged upon by anyone Justice, unless it is directed by the law under which such complaint or informa­tion is framed that the same shall be heard and determined by more than one Justice:

Provided that anyone Justice may exercise the jurisdiction of two Justices under this Ordinanee whenever no other Justice can be found at the time within a distance of ten miles from the place at which the J,ustice is sitting.

(2.) A Justice exercising the jurisdiction of two Justices in pursuance of the proviso to the last preceding sub-section shall, on any conviction, certify, in writing, that no other Justice can be found within ten miles from the place at which he is sitting.

(3.) A certificate under this section shall be conclusive evidence of the fact stated.

1~15'

One Justice may hear information, &c., unless the law direct the contrary. S.A. 1257, 1916, s.112.

102.--( 1.) All fines imposed, and all sums of money Recovery of fines. ordered to be paid, under this Ordinance, may be recovered lb., s. 113.

before anyone Justice, and shall be appropriated and applied. (2.) An appeal shaH lie from any conviction, order or Substituted by

d · ill" d h' 0 d' No. 19, 1932, a)1:1 cation un er t IS r mance., s. 28.

1:&3.. A Justice shall not be bound to convict if the offence f::ti'j rot proved is, in his opinion, of so trivial a nature as not to merit c?:~ct ~)1~rel

• Ouence triVIa . pUnIshment. lb., s. 114.

104.-( 1.) No conviction, order, warrant, oc other matter Certain.

made or purporting to be made by virtue of this Ordinance shall ~~~noI b~ q~hed fOF want of form, or removed by certiorari or other- ~~~, ~.""'ty. WIse mto the Supreme Court.

(2.) No warrant of commitment shall be held void by reru;on of any defect therein, if it is thereia alleged that the party has been convicted, and there is a good or valid conviction to sustain the same.

(3. ) Where any distress is made for levying any money by virtue of this Ordinance, the distress itself shall not be deemed unlawfui~ nor the party making the same be deemed a trespasser, ol!!. account of any defect or want of form in the summons, con­viction, warrant of distress, or other proceeding relating thereto, nor shall the person distraining be deemed a trespasser ab initio OR account of any irregularity afterwards committed by him, but the person aggrieved by the irregu.J.\a!;ity may recover full satisfaction for the special damage, if any, in an action upon the case.

1916 ss. lOS-lOO (1.).] Police and Police Offences Ordinance 1923-1960.

Pr~ 105.-( 1.) All actions and prosecutions against any person Illlamst persons f ythin d' f thi 0 din hall b acting ~der or an g one m pursuance 0 s r ance s e com-the Ordinance. d'thin ths ft th I . ed f S.A. 12S7 1916 mence WI two mon a er e act comp am 0 was .. 116.' • committed, and not otherwise.

Reau1atIODL SuHeeticm (1.) amended bl N .14, 1953 • .. 19' aacl No. i. 1955. •. s.

(2.) Notice in writing of every such action, and of the cause thereof, shall be given to the defendant ten days at least before the commencement of the action.

(3.) In any such action the defendant may plead the general issue, and give this Ordinance and the special matter in evidence, at any trial to be had thereon.

( 4.) No plaintiff shall succeed in any such action if tender of sufficient amends has been made before action brought, or if a sufficient sum of money has been paid into Court after action brought by or on behalf of the defendant, together with the costs incurred up to that time.

(5.) If a verdict is given for the defendant, or the plaintiff becomes non-suited or discontinues any such action after issue joined, or if judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and have the like remedy for the same as any defendant has by law in other cases.

(6.) Notwithstanding that a verdict has been given for the plaintiff in any such action, the plaintiff shall not have costs against the defendant unless the Judge before whom the trial takes place certifies his approbation of the action and the verdict obtained thereon.

106.-(1.) The Administrator may make regulations, not inconsistent with this Ordinance, prescribing all matters which, by this Ordinance, are required or permitted to be prescribed, or which are necessary or convenient to be prescribed for carrying out or giving effect to this Ordinance, and in particular-

(a) prescribing the method of notifying the establish­ment and strength of the Police Force to members;

(b) prescribing the conditions of eligibility for appoint­ment to the Police Force;

(c) prescribing the duties of members; (d) prescribing the manner in which members may be

dealt with and punished in pursuance of section ten of this Ordinance;

(e) providing for the punishment of a member con­victed of an offence against any law of the Com­monwealth or of a state or territory of the Com­monwealth, whether the member has been punished under that law or not;

Police and Police Offences Ordinance 1923-1960.

[8. 106 (1.)-(3.).

(f) providing for examinations for qualification for promotion;

(g) regulating the promotion of members; (h) for the establishment and appointment of a Police

Appeals Board to be comprised of a Special Magistrate, a person nominated by the Adminis­trator, and a person nominated by the Northern Territory Police Association;

(i) prescribing and regulating the powers and functions of the Police Appeals Board with respect to appeals against promotions made by the. Com­missioner and against punishments imposed under this Ordinance or the regulations;

(j) prescribing the manner in which and the grounds . upon which appeals may be made to the Police

Appeals Board; and (k) for the general government, management and dis­

cipline of the Police Force.

(2.) All regulations made by the Administrator under this Ordinance shaII be notified in the Gazette, and qopies thereof shall forthwith be forwarded to the Minister. i

(3.) The Minister may, by notice in the Gazette, disallow any regulation, and the regulation shall thereupon cease to have effect.

THE SCHEDULES.

THE FIRST SCHEDULE. Section 11.

FORM 1.

FORM OF OATH TO BE TAKEN BY MEMBERS.

I, A.B., do swear that I will well and truly serve our Sovereign Lady the Queen as a member of the Northern Territory Police Force without fear or favour, affection or ill-will from this day and until I am legally discharged from that Force; that I will see and cause Her Majesty's peace to be kept and preserved; that I will prevent, to the best of my powers, all offences against Her Majesty's peace and against all laws in force in the Northern Territory of Australia and that, While I remain a member of the Northern Territory Police Force, I will, to the best of my skiII and knowledge, faithfully discharge all my duties according to law-So help me God!

Taken and subscribed at .1 this day of , ~ 195 J

Before me,

(Justice of the Peace).

1917

SuIIIdtatecl ." No. 14. 1!153, ..20.

1918

Added by No. 5, 1960, .. 8.

Added by .. No. 5, 1!16O, •• 8.

Subltitutecl b, N .. 19,1931, .. 30.

Police and Police Offences Ordinmrce 1923-1960.

THE FIRST ScHEDULE--continued.

FORM 2.

FORM OF AFFIRMATION TO BE MADE BY MEMBERS.

I, A.B., do solemnly and sincerely affirm and declare that I will well and truly serve our Sovereign Lady the Queen as .a member of the Northern Territory Police Force without fear or favour, affection or ill-will from this day and until I am tegally discharged from that Force; that I will see and cause Her Majesty's peace to be lrept and preserved, that I will prevent, to the best of my powers, all offences against Her Mlijesty's peace and against all laws in force in the Northern Territory of Australia and that, while I remain a member of the Northern Territory Police Force, I will, to the best of my skill and knowledge, faithfully discharge all my duties according to law.

Made and subscribed at " } this day of 195

Before me, (Justice of the Peace).

Form 3. Sections 13, 15.

FORM OF OATH TO BE TAKEN BY SPECIAL CONSTABLES ON APPOINTMENT.

I, A.B., do swear that I will well and truly serve Her Majesty the Queen in the office of special constable for the ~city, town or district, as the case may be) of without fear or favour, affection or ill-will, and that I will, to the best of my power, cause the peace to be kept and preserved, and prevent all offences against the persons and property of Her Majesty's subjects, _d that, While I ooDtinue to 'haM the said office, I ,\\\ill, to the 'best Df my skill and knowledge, faithfully discharge all the duties thereof according to law-SO help me God.

Taken and subscribed at tihis day of 19 :}

Before me, Special Magistrate (or Justice of the Peace).

Form 4. Sections 13, 15. FORM OF AFFIRMATION TO BE MADE BY SPECIAL CONSTABLES ON

APPOINTMENT. I, A.B., do solemnly and sincerely affirm and declare that I will well and truly

serve Her Majesty the Queen in the ·office of special constable for the (city, town, or district, as the case may be) of without fear or favour, affection or ill-will, and that I will, to the best of my power, ;ause the peace to be kept and preserved, and prevent all offences against the persous and property of Her Majesty's subjects, and that, while I continue to hold the said office, I will, to the best of my skill and knowledge, faithfully discharge all the duties thereof according to law.

Made and subscribed at this day of : } 19

Before me, Special Magistrate (or Justice of the Peace).

THE SECOND SCHEDULE. The Northern Territory of Australia .

GENERAL SEAllCH WARRANT.

To ................................. . You are hereby authorized at any time in the day or night, with such

assistants as you think necessary, to enter into and search any house, building, premises or place where you have reasonable cause to suspect that-

(a) any felony or misdemeanour has been recently oommitted, or is about to be committed;

Police and Police Offences Ordinance 1923-1960.

(b) any stolen goods are; (c) there is anything which may afford evidence as to the commission

of any felony or misdemeanour; or (d) there is anything which may be intended to be used for the purpose

of committing any felony or misdemeanour, and to break open such house, building, premises or place, and to break open and search any cupboards, drawers, chests, trunks, boxes, packages, or other things, whether fixtures or not, in which you have reasonable cause to suspect that-

(i) any stolen goods may be found; or (ii) any thing may be found which may afford evidence as to the com­

mission of any felony or misdemeanour, or which may be intended to be used for the purpose of committing any felony or misdemeanour,

and to seize any such goods or things to be dealt with according to law. This warrant shall remain in force for six months from the date hereof. [If for Q

shorter period state how long.]

Dated this day of , 19 Commissioner of Police.

1919