POLICE AND POLICE OFFENCES
ORDINANCE 1923-1960,*
1861
An Ordinance relating to the Police Force and to the
Maintenance of Law and Order.
PART I.-PRELIMINARY.
1. This Ordinance may be cited as the Police and Police
Offences Ordinance 1923-1960. *
Short title.
Short title
amended:
* The Police and Police Offences Ordinance 1923-1960 comprises the Police and Police Offences No. 17, 1938,
Ordinance 1923 as amended. Particulars of the Principal Ordinance and of the amending Ordinances s.4.
are set out in the following table:-
Ordinance.
Police and Police Offences
Ordinance 1923
Police and Police Offences
Ordinance 1926
Police and Police Offences
Ordinance 1932
Police and Police Offences
Ordinance 1935
Police and Police Offences
Ordinance 1938
Police and Police Offences
Ordinance 1947
Number and
Year.
-----No. 20, 1923
No. 14,1926
No. 19, 1932
No. 6, 1935
No. 12, 1938
No. 6, 1947
Date notified in
Commonwealth
Gazette.
Date of
Notification of
GovernorDate of
General's Assent Commencement.
in Northern
Territory Government Gazette.
15th November,
1923
3rd June, 1926
22nd September,
1932
27th June, 1935
..
1st March, 1924
..
3rd June, 1926
..
22nd September,
1932
27th June, 1935
..
..
..
8th September,
1938
11 th September,
1947
8th September,
1938
lltb September,
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. 6, 1949 11 th May, 1949
11th May, 1949
..
Ordinance 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
19S0
1950
Police and Police Offences
No. 26,1952 4th June, 1952
4th June, 1952
Ordinance 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 Offences No. 18, 1957
17th May, 1957 7th June, 1957
Ordinance 1957
Police and Police Offences No. 30, 1957
4th September, (See Note 2 below.)
Ordinance (No. 2) 1957
1957
Police and Police Offences No. 19, 1959 7th July, 1959
7th July, 1959
..
Ordinance 1959
Police and Police Offences No. 20, 1959 7th July, 1959
..
7th July, 1959
Ordinance (No. 2) 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
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.
POlice and Police OfJences
Ordinance 1923-1960.
ss.2-4.}
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
of the Police Force.
PART IlL-Appointment and Control of Special
Constables.
PART IV.-Powers of the Police Force and the
Apprehension of Offenders.
PART
V.-Offences in relation to the Police Force.
PART VI.-Offences in relation to Stock.
PART VIA.-Offences in relation to Aboriginal
Ceremonial Grounds and Relics.
*
*
•
•
•
•
PART VIL-Offences generally.
PART VIII.-Offences in Proclaimed Localities.
PART 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.
Police and Po/ke Offences
Ordinance 1923-1960.
s.
I
1863
In this OrdinaEtCe, unless. the contrary intention appears" 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.
Definitions.
PART H.-ApPOINTMENT OF OFFICERS AND CONSTABLES OF
THE POLICE FORCE.
*
*
*
*
*
*
*
SectiOll 6
repealed by
No. 14, 1953,
s.3.
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.
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
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.
Commissioner
may promote
certam
memben.
Inserted by
No. 14, 1953,
•• 5.
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 .
Powers and
duties of
members.
Inserted by
No. 14, 1953,
•• 5.
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.
Provisions for
punisbment of
member••
Substituted by
No. 14, 1926,
s. 3; and
No. 14, 1953,
L6.
10. Notwithstanding the provisions of the Public Service
Ordinance 1928-1948(a) a member who commits an offence against a provi-
sion 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.
1865
(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.
Oath to be
taken by
members.
Substituted by
No. 14, 1953,
s.7.
(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.".
Taking oath
equivalent to
entering into
agreement.
S.A. 33 Vict.
No. IS, s. 10.
Amended by
No. 14, 1953,
s.8.
1866
S.
12A (I).]
Police and Police OJfencetS
OrainaIfCe 1923-1960.
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.
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 witnesses;
{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
Ordinance 1923-1960.
[ss. t2A (2.)-12B (l.).
1867
(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
() the Adm'
.
. h
f
. t d
No. 14, 1953,
\,0
. 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 Meetings of
the Tribunal.
member of the Tribunal or upon the motion of the Chairman, be Iaaerted
by
summoned by the Chairman by notice sent by post to each ••No.2.. 1, 1949,
appointed member of the Tribunal.
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.
. 0 f t he determmatIOn
. . can be purch ase d or Inserted
by
the pace
I
h
were
copIes
No. I, 1949,
obtained.
8. 2.
(2.) A determination shall, except to the extent to which it Amended by
No. 14, 1953,
is expressed to come into operation on an earlier or later date, s.13.
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 Added by
14, 1953,
Ordinance, the Chairman shall forthwith send a copy of the No.
s.13.
determination to the Administrator.
(4.) The Administrator shall, on the first sitting day of the Added by
14, 1953,
Legislative Council after he receives a copy of the determination, No.
•. 13.
cause that copy to be laid before the Council.
(5.) If the Legislative Council passes a resolution (of which Added by
14, 1953,
notice has been, given at the meeting of the Council, comprised No.
s.13.
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.
(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
· 0 r d'mance shall be b inding on the A dministrator an d determination
of th IS
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 determmatIOn.
"
amended by
VISIOnS
0 any suc
No. 14, 1953,
•• 14.
12H. Until other provision is made by way of agreement Inter!r!'
..
.
or determmatwn
un der th'IS 0 r d'mance th e remuneratIOn
an d conditions.
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
ss. 12K-12R.}
Power to HDd
forwi_
and documents.
InHrtedby
No. 1.1''''
•• 2.
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.
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.
Police and Police Offences
Ordinance 1923-1900.
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.
Giving false
testimony.
Inserted by
N . t. 1949,
B.2.
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.
Protection
of members of
the Tribunal.
Inserted by
No. 1, 1949,
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.
s.2;
amended by
No. 14. 1953,
s.17.
Police and Police Offences
Ordinance 1923-1960.
[s.13.
1871
PART 1I1.-ApPOINTMENT AND CONTROL OF SPECIAL
CONSTABLES.
13.-(1.) WherePower to
• •
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 member of the Police Force.
1872
ss. 14-16 (2.).]
Commissioner
may make
14. The Commissioner may, with the approval of the
Administrator, make such orders or regulations as are from
time to time necessary and expedient for rendering any specl'a1
constables appointed under this Ordinance efficient for the preservation of the public peace.
r gulations for
~
constables.
S.A. 1257, 1916,
s.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.
Police and Police Offences
Ordinance 1923-1960.
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.
Inserted by
No. 5, 1960,
s.3.
(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.
penalty on
special
constable
refusing to
take the oath
of office or
to serve.
lb., s. 24.
Sub·section (1.)
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 .
amended.".
No. 14, 1926,
s. 4; and
No. 5, 1960,
.. 4.
Amended.".
N .14, 1926,
.. 4,
(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
Ordinance 1923-1960.
[ss. 16 (2.)-21 (2.).
1873
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
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.
257,1916,
(2.) Notice of the suspension or determination shall be
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
. the same, constables
· 0 ffi ce, or after he has ceased to h01d and exerCISe
of hIS
deliver up to
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.
:bles.
::t,,
19. The Administrator mayAdministrator
(a) upon the recommendation of the Commissioner,
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.
::.:t
20. Any person who assaults or resists any special constable in the execution of his office, or incites or encourages any
other person so to do, shall be liable to a penalty not exceeding
Ten pounds, or to such other punishment as is prescribed for
assaUlting or resisting any member of the Police Force in the
execution of his duty.
Penalty for
=~~ia1
constables.
lb., •. 28.
PART N.-POWERS OF THE POLICE FORCE AND THE
ApPREHENSION OF OFFENDERS.
21.-(1.) Notwithstanding any law or custom to the
contrary, it shall be lawful for the Commissioner to issue
general search warrants to such members of the Police Force as
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.
pO~al~~t
:rants.
lb., s. 42. -
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
~~.19. 1~
(S.) The member of the Police Force named in any
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(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 ~up­
boards, 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.
Powers of
Commissioner
to close
roads.
Inserted by
No. 19, 1932,
s.10.
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.
1875
[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
(b) any person who is reasonably suspected of having,
or conveying in any manner, anything stolen or
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.
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).
Amended by
No. 19, 1932,
8.1 and
Sehedule.
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.
25.-( •1.)• Any Superintendent, Inspector, Sub-Inspector, or
non-COmmISSIOned officer of the Police Force having reasonable
::t6.
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
Superintendents,
&c., may
search ships.
1257, 1916,
( b) that any person who has committed an offence
Amended
bT
:. il9, 1932,
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.
(2.) If the master of any such ship, boat, or vessel, or any
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.
1877
(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.
26.-(1.) Any member of the Police Force mayEmpowering
police to
enter
places
.
h
.
I
( 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.
s. 47.1257, 1916,
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, 1932trotting 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
:fI"::~d
S.A. 12S7. 1916.
s.4II.
~ (1.)
~~.la. 1 7,
27.-{1.) Any member of the Police Foroe, without any
warrant other than this Ordinance,at any hoor of the day or
night, may apprehend(a) any person, whom he finds drunk, or fighting, or
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
~i4~"
1932,
(2.) Any member of the Police Force may, 'Whether or not
he apprehends any person referred to in the last preceding 1100section, 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.).
1879
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.
(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 commandfug 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
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
ss. 28 (2.)-31 (3.).]
Police and Police Offences
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.
1881
[ss. 31 (3.)-34 (2.).
shall be deemed guilty of a neglect of duty, and shall be punishable in manner provided by this Ordinance.
32. Any person found committing any offence punishable as
. demeanour upon summary convictiona illIS
(a) may be taken into custody without a warrant by
any member of the Police Force or
(b) may be appreh end ed by th e owner 0'f th e property
on or with respect to which the offence is committed, or by his servant or any person authorized by him, and may be detained until he can
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
with respect to the property, or
( b ) th at the property, or any part thereof, has been
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
be forthwith delivered into the custody of the member who is in
charge of the nearest police station, in order that the person
may be secured until he can be brought before a Justice to be
dealt with according to la,,:, or, i! the person has been apprehended for any offence agamst thIS Ordinance or for any petty
misdemeanour, or if in any other case the member deems it
prudent to take bail, until he has given bail for his appearance
before a Justice.
(2.) When any person apprehended under this Ordinance
or charged with any petty misdemeanour, is brought without
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 specified therein, at the hour of ten o'clock in the forenoon on a
day to be specified not more than fourteen days after the recognizance 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.
Power to police
and persons
aggrieved to
~~d
offenders.
S.A.12S7.1916,
s. 53.
~e~:~;I2,
~~ed1
u e.
Where stolen
property
attempted to
be sold or
pawned.
lb., s. S4.
Amended by
No.19, 1932,
~l=e.
Persons
:-i~~~
'f=~l~oW
lb., s.
ss.
~:.':;=c;;;. (1.)
N'tl9 , 1932,
s. •
Amendedby
~'tl9,1932,
1882
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.
ss. 34 (3.)-348 (1.).]
Police and Police Offences
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
. h as expIre
. d or not , unI essleave or notice.
engagement therem
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
neglect of duty.
~·t4.12.57, 1916,
37.-(1.) Every member of the Police Force who is guilty of
any neglect or violation of duty in his office as such member
shall be guilty of an offence.
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.
Punishment (or
police takina
bribes, &c.
lb., •. 15.
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.
Penalty for
personating or
attempting to
bribe police.
lb., •• 18.
39. Any person who, not being a member of the Police
Force(a) 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
(b) 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
(c) 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
Police and Police Offences
Ordinance 1923-1960.
,
f
1885
[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.
40.-(a) Any holder of any licence to sell fermented or
spirituous liquors or any other person whosoever who, either by himself or his servant,
permits any member of the Police Force,
knowing him to be such member, to become
intoxicated on his premises, or to be supplied
with
any fermented or spirituous liquor whilst
•
mtoxicated, or whilst on duty (unless the member 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
the Police Force in the execution of his duty, or aids or incites
any other person so to assault or resist any such member(a) shall be liable to a penalty not exceeding Twenty
pounds, or to imprisonment, with or without
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 uniform, 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
the Police Force in the execution of his duty, or aids or abets
or assists any other person in so doing, shall be guilty of an
offence.
Penalty: Ten pounds, or imprisonment for three months.
Pena1t~Cor
:;~~~
~tg;g~%"
~;':t~'?
S.A. 1257, 1916,
:.!:~ded by
No. 19, 1932,
s. 2 and
Scbedul.
Assau1~g or
g~i~Ctinll
lb., s. 20.
:::.~=~ (1.)
~oi8~9. 1932,
A:.ei:~J12,
.. 18.
1886
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
Offences in
connexion with
of
his
stock are upon the lands of any other person (mcludmg
driving away
stook.
lands leased from the Crown to that other person), enter
Sub-section (1.)
upon those lands and drive his stock off the lands of that
BUbstitutecl by
No. 19, 1932,
other person:
1.19.
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.
Subltituted by
{2.) Any .person who enters u.pon the lands of any other
No. 19, 1932,
s.19.
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.
Possession of
44. Any person in whose possession is found any stock
stook suspected
to have been
suspected to have been stolen shall be guilty of an
reasonably
stolen.
-offence, unless he proves that he acquired the stock in a lawful
manner.
Penalty: Fifty pounds or imprisonment for six months.
Unlawful use
45.
Any person who unlawfully uses stock without the
of.lock.
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.
Stock gates
45A. No person shall open any gate in a fence erected to
not to be opened
except for cer- prevent the passage of stock except for the purpose of an animal,
tain purposes.
vehicle or person passing through that gate.
Inserted by
No. 5, 1960,
Penalty: Fifty pounds.
.'
s.5.
Definition.
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.
Failure to close
stock gates.
Inserted by
No. 5, 1960,
s. S.
Part VIA.
inserted by
No. 1, 1955,
s.4.
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.
Offences in
conncxion with
ancient remains,
caves, &c.
Inserted by
No. 1, 1955,
s.4.
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.
Offences in
connexion with
relics,curios,
Inserted by
No. 1, 1955,
s.4.
*
*
*
*
*
*
ac.
Part VIB.
(Sections 45c-
451') inIIertecl by
No. 18, 1957,
s.5;:aD4
repealed lIy
No. 30, 1957,
s.4.
1888
ss. 46-48.]
Police and Police Offences
Ordinance 1923-1960.
PART VII.-OFFENCES GENERALLY.
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.
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.
1889
[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.
49A. Any person who(a) drives or uses any vehicle (other than a motor
vehicle
. within the meaning of the Motor Vehicles
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.
Furious
driving.
S.A. 1257, 1916,
s.59.
I1I~gally
=:::::e.
•
No. 19, 1932.
~n
50. Any person who offends against decency by the ?ena1ty for
·III any street or publ'lC pIace, or III
. the mdecent
exposure 0 f h·
IS person
exposure of
view thereof, shall be guilty of an offence.
. lb.,
the person.
s. 60.
Penalty: Ten pounds, or imprisonment for one month.
51. Any person who wilfully and wantonly disturbs the
occupant of, or any other person in, any house, by pulling or
ringing any door bell, or knocking at any house, without lawful
excuse, shall be guilty of an offence.
Penalty: Two pounds.
Unlawfully
~t,tg house
lb., s. 61.
Police and Police Offences
Ordinance 1923-1960.
1890
ss. 51A-55 (1.).]
Penalty for
using artificial
light for
shooting.
Inserted by
No. 19, 1932,
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.
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
filht.
lb., s. 65.
to
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.).
1891
(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 insufficient 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;
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
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.
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.
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
~;.18. 1957.
(3.) Where a male person is proved to live with, or to be
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.).
1895
(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.) Added by
No. 12, 1938,
of this section, the intent to commit any offence therein specified, s.s.
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 confinement 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.
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
. 'bl e rogue, may seIZe
. any Idle
and
d or an .
rogue an d vagabon·,
mcorngl·
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
ss. 59 (2.)-61 (1.).]
Police and Police Offences
Ordinance 1923-1960.
(b) that his trunks, boxes, bundles, parcels, or packages,
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.
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.
*
*
*
*
*
1897
[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, mer-
chandise, 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
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.
[ss. 63-64 (1.).
1899
-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.
Malicious
injury to
property.
S.A. 1257, 1916,
s.73.
Police and Police Offences
Ordinance 1923-1960.
(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
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
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.
Penalty on
penons sel1lna
adulterated or
unwholesomo
articles of food.
S.A. 12S7. 1916•
•• 7S.
65.-(1.) Any person who(a) sells, or offers for sale, as food for human consumption, 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.
~
1
1901
[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
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.
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 Playing
unlawful game.
resort, plays at, or is present at the playing of, any unlawful lb.,
s. 77.
game or plays at, or is present at the playing of, either of the Amended by
No. 6, 1947,
games commonly known as "pitch and toss" and "two-up" s.4.
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
CheaIing
at play.
lb., s. 78.
1902
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,
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.
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.
1903
(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.
H" .. peoaltiea
lobe applied.
S.A. 12'7, 19161.82.
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.
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
nuisances
in
thoroughfares.
S.A. 1257. 1916.
•• 8S.
75.-( 1.) Any person who, in any street, road, thoroughf.are, or publ'IC paceI
(a) to the annoyance of the inhabitants or passengers,
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
ss. 75 (1.)-77 (1.).]
Police and Police Offences
Ordinance 1923-1960.
(k) turns loose, or suffers any kind of swine or goats
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.
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.
1907
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.
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.
Ba=='iD
'79. Any person who bathes near to, or within view of, any
public wharf, quay, jetty, bridge, street, road, or other place of ~tbin
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 Ordinance 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
ss. 81-83 (2).]
PolJutlnJl or
obstructIDg
water-counes.
S.A. 1257, 1916,
.. 91.
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.
0If_
relating to
public
fOuntalns.
lb., I. 92.
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.
~~~
&c., through
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.
tbellreetl.
lb., .. 93.
Police and Police Offences
Ordinance 1923-1960.
Police and Police Offences
Ordinance 1923-1960.
[ss. 83 (3.)-ss.
1909
(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.
84.-(1.) If any person' to empty any pnvy,
.
. or b
(a) empties
egms
or tak es away
any night-soil, or goes with carts or carriages for
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.
~ff~ .. to
dispoSitiOn of
night_a
~14"2'7. 1916.
(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(a) throws or leaves, or causes to be thrown or left, any
dead animal, or any part 'thereof, upon any
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.
!:r:':::acs
public place.
lb.... 95.
19tQ
.. 16-81.)
No sand,
srave1, &c., to
be removed
from streell
without
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.
permission.
S.A. 12S7, 1916,
1.96.
Police and Police Offences
Ordinance 1923-1960.
Drawinaor
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.
Entrances to
celJars, coal
holes, &c., to
be covered
and secured.
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
trailing timber
or stone in
streets.
lb., I. 97.
lb., s.98.
Police and Police Offences
Ordinance 1923-1960.
1911
[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 coa1hole 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
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
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.
Warrantato
:~
S.A. 1257, 1916.
s.I02.
Lodging-houses.
&<:., maybe
searched.
lb •• s. 103.
Amended by
N .19.1931,
•• 2 aDd
Sebedale.
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.).
1913
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.
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.
~~t~fgOOd$
(a) any goods or money which any person is charged ~~~::rul:ntly
95.-(1.) If-
with having stolen or fraudulently obtained is in obtained.
the custody of any member by virtue of any lb., s. I~.
.
.
.
f
Sub-SectiOD (I.)
warrant 0 f a JustlCe, 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
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.
This Ckdinance
not to prevent
the- fndictment
of offenders, or
liability for
higher penalties.
S.A. 1257. 1916,
s.I06.
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.
Certain
offenders may
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.
be colllD1itted
for trial by
superior Court.
lb., s. 107.
Powe-r to
award costs.
lb., s. 108.
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.
Amends for
frivolous
informationl.
lb., s. 109.
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.
Facilitation
of proof.
'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.
r-tedby
No. 19, 1932,
L27.
Proceedings to
be accordinl to
law resnlatins
summary
Proceedin&s
before Justices.
lb•• s. 111.
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.
1~15'
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.
102.--( 1.) All fines imposed, and all sums of money
ordered to be paid, under this Ordinance, may be recovered
before anyone Justice, and shall be appropriated and applied.
(2.) An appeal shaH lie from any conviction, order or
d · ill"cation under th'IS 0 rd'm a n c e . ,
a)1:1
One Justice
may hear
information,
&c., unless the
law direct
the contrary.
S.A. 1257, 1916,
s.112.
Recovery
of fines.
lb., s. 113.
Substituted by
No. 19, 1932,
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
for anything d
one'm pursuance 0 f this 0 rdin ance shall be comthe Ordinance.
d'thin
. ed 0 f was
S.A. 12S7 1916 mence
WI
two months aft er the act compIam
.. 116.'
• committed, and not otherwise.
(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.
Illlamst~der
persons
acting
Reau1atIODL
SuHeeticm (1.)
amended bl
N .14, 1953•
.. 19' aacl
No. i. 1955.
•. s.
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.).
1917
(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 discipline 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.
SuIIIdtatecl ."
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
this
day of
195
.1
,
~
J
Before me,
(Justice of the Peace).
No. 14. 1!153,
..20.
1918
Police and Police Offences
Ordinmrce 1923-1960.
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).
THE FIRST
Added by
No. 5, 1960,
.. 8.
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
19
this
day of
Before me,
Special Magistrate (or Justice of the Peace).
:}
Added by ..
No. 5, 1!16O,
•• 8.
:}
Subltitutecl b,
N.. 19,1931,
.. 30.
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.
any stolen goods are;
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 commission 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.
(b)
(c)
1919