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ANNO SEPTIMO EDWARDI VII REGIS.

A.D. 1907.

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No. 931.
An Act for the Suppression of Brothels and for other

purposes.

[Assented to, December 12th, 1907.] D E it Enacted by the Governor of the State of South Australia,

D with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as “The Suppression of Brothels Act, Short title. 1907.”

2. In this Act the term “ brothel ” shall mean any house or Definition of brothel. premises, or part of any house or premises, or any place to which people of opposite sexes resort for the purposes of prostitution, and shall include any house or premises, or part of any house or premises, or any place occupied by a woman or women who is or are accustomed to receive men, or where men are received, for sexual purposes.

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3. Any person who—

Prohibition against

brothel-keeper. (a) Keeps, or manages, or acts or assists in keeping or managing Compare Imp. Act,

a brothel, or is in receipt of the whole or part of the 188

moneys received therein; or (6) Being the tenant, lessee, or occupier of any premises,

knowingly permits such premises or any part thereof to

be used as a brothel or for the purposes of prostitution; or
Being the lessor or landlord of any premises, or the agent of

such lessor or landlord, lets the same or any part thereof
with the knowledge that such premises or some part
thereof are or is to be used as a brothel or for the purposes

The Suppression of Brothels Act.–1907.

of prostitution, or is wilfully a party to the use of such premises or any part thereof as a brothel or for the pur

poses of prostitution, shall be liable-(1) For the first offence to a penalty not exceeding Twenty

Pounds, or to imprisonment for any term not exceeding

three months, with or without hard labor; (2) For the second offence to a penalty not exceeding Forty

Pounds, or to imprisonment for any term not exceeding

four months, with or without hard labor; (3) For the third or any subsequent offence to the pecuniary

penalty mentioned in the immediately preceding subsection, and, in addition, to be required by the Court to enter into a recognizance (with or without sureties, as to the Court seems meet) to commit no offence under this Act for any period not exceeding twelve months; and in default of entering into such recognizance (with or without sureties, as the case may be), to be imprisoned for any

period not exceeding six months with hard labor : Provided that there shall be no prosecution under this section unless the same shall be authorised in writing by the Commissioner of Police or any Superintendent, Inspector, Sub-Inspector, or Sergeant of Police, who shall in such authority certify that he has reason to believe that the house or premises in respect to which any person is to be prosecuted is a brothel, or used for the purposes of prostitution.

Act not to affect other liability.

4. Nothing in this Act shall operate to relieve any person from any proceedings whatsoever to which he would prior to the passing of this Act have been liable either at common law or by Statute.

Legal procedure.

5. Proceedings for any offence under this Act may be taken and determined by a Special Magistrate or two Justices of the Peace for the said State, and such proceedings shall be regulated by the Ordinance No. 6 of 1850, and “ The Justices Procedure Amendment Act, 1883-4.”

Appeal.

6. There shall be an appeal to the Local Court of Adelaide of Full Jurisdiction from any order of conviction or dismissal upon any proceedings under this Act, and such appeal shall be heard and determined in manner prescribed by the said Ordinance No. 6 of 1850.

Woman refusing to 7. On refusal or failure by any woman found in any brothel to disclose name of keeper deemed to be

Oto be disclose the manager thereof such woman shall be deemed to be the herself the keeper of keeper or manager or one of the keepers or managers thereof; and a brothel.

any male person resident therein, or being the husband of any woman residing, managing, or assisting therein, except such husband shall be judicially separated and bonâ fide living apart from his wife,

shall

The Suppression of Brothels Act.—1907.

shall be primâ facie deemed to be the recipient of the whole or part of the moneys taken therein.

8. Any contract or agreement to let any house or premises is Contract to let hereby declared to be null and void if by its terms such contract or p

pms such contract ar premises as a brothel

null and void. agreement appears to the Court to raise the presumption that the lessor, landlord, or owner knew or ought to have known that such house or premises would be used as a brothel or for the purposes of prostitution, and no action for rent, or other legal proceedings in respect of rent, shall be maintainable in respect of such contract, agreement, or premises.

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9. Any contract or agreement to let any house or premises Contract to let which, subsequently to the making of such contract or agreement, te

le void when premires shall become or be used as a brothel, or for the purposes of prostitu- become a brothel. tion, shall thereupon be determined and rendered null and void, and thereupon the lessor, landlord, or owner shall be entitled to and may recover possession thereof; and the provisions in the preceding section with regard to rent shall apply in such case also, except that on proof by the lessor, landlord, or owner of his ignorance of the fact that such house or premises had become or were used as a brothel, or for the purposes of prostitution, he shall be entitled to recover from his tenant such sum by way of rent as the Court shall deem equitable during such time as the lessor was so ignorant as aforesaid.

10. It shall be lawful for any police constable, authorised in Power to police to writing by the Commissioner of Police or any Superintendent, In- enter. spector, Sub-Inspector, or Sergeant of Police, to demand entrance at any time by day or night into any house which is, or is reported to be, or is bona fide believed to be, a brothel or place used for the purposes of prostitution; and if admittance be refused orbe delayed for such time as shall make it appear that wilful delay was intended, such constable may break into and employ force to enter any such house or place as aforesaid, and into any inner room thereof: Provided that such constable shall, at the time of making such demand, or upon entering the said house or place, produce such written authority as aforesaid.

In the name and on behalf of His Majesty, I hereby assent to this Bill.

GEORGE R. Le HUNTE, Governor.

verno

Adelaide: By authority, C. B. Båtstow, Government Printer, North Terrace.

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EDWARDI VII REGIS.

A.D. 1907.

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No. 932.

An Act to provide for an Extension of the Port Lincoln

Railway, and for other purposes.

[Assented to, December 12th, 1907.] DE it Enacted by the Governor of the State of South Australia,

D with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as “ The Port Lincoln Railway Short title and Extension Act, 1907,” and shall be incorporated and read with the incorporation. Acts set forth in the Schedule hereto and all other Acts now or hereafter passed amending the said Acts, or any of them, so far as the same are severally applicable to this Act.

2. The South Australian Railways Commissioner (hereinafter Power to make

in railway. called “the Commissioner ') may make and maintain an extension tai of the existing line of railway from Port Lincoln, together with all proper works and conveniences connected therewith, as the same is delineated in the plan deposited at the office of the Surveyor-General, at Adelaide, signed “ Alex. B. Moncrieff, Engineer-in-Chief,” and dated the eighteenth day of November, one thousand nine hundred and seven.

3. The gauge of the said railway shall be three feet six inches, Gauge. and the rails to be used in the construction thereof shall be of iron or steel, and of the weight of not less than forty pounds to the yard.

4. In assessing the purchase-money or compensation to be paid Bettermer.t provision. in respect of land purchased or taken for the purposes of the undertaking hereby authorised, an allowance shall be made in favor of the Commissioner for any increased value given by such undertaking

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