21 of 1864. 21 of 1864. 380 of 1886. Directions as to control of inebriate and power to vary, etc., any order or direction. Ibid, s. 9. Order sufficient The Inebriates Act.-1908. within the meaning of the "Lunatics Act, 1864," and may, if necessary, appoint any person, either with or without security, to undertake the care and management of his property under the order and direction of the Court. (2) The person so appointed shall, subject to the said orders and directions and to the rules of the Court, have the same powers and be subject to the same obligations and control as a committee of the estate of a lunatic, and the powers and provisions contained in the "Lunatics Act, 1864," and "The Real Property Act, 1886," relating to the management and administration of the estates of lunatic persons shall apply to the estate of such subject. 11. The Judge or Special Magistrate making an order under section 4 or 8 of this Act may give such directions as he thinks fit as to the control of the subject of the order, and may vary, renew, or rescind any order or direction made by him. 12. The order or direction of a Judge or Special Magistrate made authority for anything under this Act shall be sufficient authority for the carrying out by any person of any direction therein contained. therein directed. Ibid, s. 10. Order shall direct supply of intoxicant. Ibid, s. 10. 13. When an order made under this Act is that the subject of attendant to prevent the order be placed under the care and charge of an attendant it shall authorise and direct such attendant to prevent any person from supplying such subject while under his care and charge with any intoxicating liquor, or with any drug or thing which is capable of being used for the purpose or with the effect of producing a state of intoxication; and any attendant who neglects to comply with any such direction shall be liable to a penalty not exceeding Ten Pounds. Inebriate not to leave the State. Ibid, s. 11. Inebriate escaping from custody may be arrested. Ibid, s. 12. 61 & 62 Vic., c. 60, 8. 18. Police to assist in with order. 14. When, by an order under this Act, the subject of the order has been placed under the care and charge of an attendant, such subject shall not be allowed to leave the said State during the continuance of such order, unless permitted to do so by some variation of the order. 15. (1) Any subject of an order who escapes from the institution in which, or from the attendant under whose care and charge, he has been placed by an order under this Act may, without further or other authority than this Act, be arrested and returned to his former custody under such order. (2) The time between his escape and his return, whether on arrest or otherwise, shall not be treated as part of the period prescribed in any order made under this Act. 16. It shall be the duty of all officers and members of the Police enforcing compliance Force to assist the person under whose care and charge the subject of an order has been placed under an order under this Act to compel such subject to comply with the directions of such order, and to assist such person and the managers of any institution in enforcing the observance of the provisions of this Act. Vic. No. 1940, 1904, s. 13. 17. If The Inebriates Act.-1908. 17. If any licensee of any institution licensed under this Act Offences by licensees knowingly and wilfully fails to comply with any of the provisions of 42 & 43 Vict., c. 19, this Act, or neglects or permits to be neglected any inebriate or the s. 23, adapted. subject of an order placed in the institution in respect of which he is licensed, or does anything in contravention of any of the provisions of this Act, he shall be liable to a penalty for every such offence of not exceeding Twenty Pounds. 18. If any person does any of the following things:-. Offences by officers, servants, and other 1. Ill-treats, or, being an officer, servant, or other person em- persons. II. Induces or knowingly assists the subject of an order detained in an institution, or placed under the care and charge III. Without the authority of the licensee or a legally qualified cation: iv. Without the written authority of a legally qualified medical Cf. Vict. No. 1940, practitioner (proof of which authority shall lie on the said 1904, s. 14. person), except in case of urgent necessity (proof of which shall also lie on the said person), gives or supplies, or attempts to give or supply, the subject of an order, with any intoxicating liquor, or any such drug or thing as mentioned in subsection III. of this section, he shall be liable to a penalty for every such offence of not exceeding Twenty Pounds. Offences by inebriates while detained in institutions. 42 & 43 Vict., 19. If the subject of an order who, in the opinion of a legally qualified medical practitioner, is compos mentis, while detained in an institution, wilfully neglects or wilfully refuses to conform to the rules thereof, he shall be liable to a penalty not exceeding Ten Pounds, c. 19, s. 25, or, at the discretion of the Special Magistrate or Justices, to be altered. detained within the institution for any period not exceeding twentyeight days beyond the period prescribed in any other order made under this Act. permission. 20. No person, except by permission of the Judge or Special Proceedings not to be Magistrate, or Justices adjudicating (the proof of which permission published without shall lie on such person), shall publish a report of any proceedings Vict. No. 1940, 1904, under this Act, and no report published in contravention of this sec- s. 15. tion shall in any action for defamation be deemed to be privileged. Any person who publishes a report of any proceedings in contravention of this section shall be liable to a penalty not exceeding One Hundred Pounds, or to be imprisoned for any term not exceeding three months. 21. The Judges may make rules. Ibid, s. 16. Governor may establish or license tions for inebriates. Ibid, s. 16, altered. The Inebriates Act.-1908. 21. The Judges of the Supreme Court may make rules for regulating the form and mode of proceeding under this Act before such Court, or a Judge, or a Special Magistrate, and for carrying out the powers and duties of such Court, or a Judge, or a Special Magistrate under this Act. 22. The Governor may, by Proclamation published in the Governand subsidise institu- ment Gazette, establish any house or premises as a place for the reception, control, and treatment of inebriates, and may at any time revoke any such Proclamation; and may license institutions for the reception, control, and treatment of inebriates; and may grant subsidies towards the cost of erecting or purchasing institutions, whether now existing or hereafter coming into existence, so licensed or to be so licensed, and the maintenance and extension thereof, and towards the maintenance, care, and custody of subjects of orders placed in institutions under orders made under this Act. Governor may make regulations. Ibid, s. 16. 23. (1) The Governor may, by order in Council, make regulations- (a) For the issue and revocation of such licences as mentioned in the next preceding section; (b) For regulating and managing institutions, and for their inspection by persons appointed by the Governor for that purpose; (c) For determining the fees and charges payable by subjects of orders placed in any institution; (d) For the treatment, control, and discipline of subjects of orders and their release from any institution on probation, and the discipline of officers and attendants under this Act, whether in institutions or otherwise; and (e) Generally for carrying out the provisions of this Act; and may in such regulations impose any penalty not exceeding Fifty Pounds for any breach thereof, or of any other regulations made by him under this Act. (2) All such regulations shall be published in the Government Gazette, and when so published shall have the force of law and shall be judicially noticed, and shall be laid before both Houses of Parliament within twenty-eight days after such publication, if Parliament is then in Session, and if not, then within twenty-eight days after the commencement of the next Session, but if either House of Parliament passes a resolution at any time within thirty sitting days after such regulations have been laid before such House disallowing any regulation, or part thereof, such regulation, or part thereof, shall thereupon cease to have effect: Provided that if Parliament shall not be in Session for thirty days after such regulations shall have been laid before it then no regulation shall continue to have any force or effect if disapproved by either House of Parliament within thirty days after the commencement of the next Session of Parliament. 24. All The Inebriates Act.-1908. 24. All proceedings in respect of offences against this Act Proceedings for shall be by complaint or information, and shall be heard and offences. determined in a summary way before any Special Magistrate or any two or more Justices, under the Ordinance No. 6 of 1850 and the Act No. 298 of 1883-4, or any Act for the time being in force relating to the duties of Justices as to summary proceedings. 25. There shall be an appeal from any decision of a Special Appeal. Magistrate or Justices in any proceeding in respect of offences against this Act to the Local Court of Adelaide of Full Jurisdiction, or, except in the case of a decision of a Special Magistrate, to the Local Court of Full Jurisdiction nearest to the place where the decision was given. Such appeal shall be regulated by the said Ordinance No. 6 of 1850 and the said Act No. 298 of 1883-4, or any Act for the time being in force relating to appeals to such Local Court. The Court on such appeal may make any order as to costs which it thinks fit, although such costs exceed Ten Pounds. 26. (1) The Local Court may state a special case for the opinion Special case. of the Supreme Court. (2) The Supreme Court shall deal with such special case according to the practice of the Supreme Court on special cases, and may make such order therein, including any order as to costs of the proceedings in that Court and in the Courts below, as to the said Supreme Court appears just. In the name and on behalf of His Majesty, I hereby assent to Adelaide: By authority, C. E. BRISTOW, Government Printer, North Terrace. |