This Act may be cited as the Police Offences Amendment Act 1960, and shall be read together with and deemed part of the Police Offences Act 1927¹ (hereinafter referred to as the principal Act).

2 Fighting in a public place

(1)

The principal Act ishereby amended by inserting, after section three a (as inserted by section three of the Police Offences Amendment Act 1955), the following section:

“3b

Every person commits an offence, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty pounds, who fights in any public place as defined by section forty hereof.”

(2)

Section three of the principal Act is hereby amended by omitting from paragraph (ee) the words “or strikes or fights with any other person”.

3 Disturbing public worship

(1)

The principal Act is hereby further amended by inserting, after section three b (as inserted by section two of this Act), the following section:

“3c

Every person commits an offence, and is liable to a fine not exceeding fifty pounds, who wilfully and without lawful justification or excuse disturbs or interferes with the orderly conduct of any religious service or any meeting lawfully assembled for religious purposes, wherever that service or meeting is held, or in any way disturbs or molests any preacher, teacher, or person lawfully officiating at any such service or meeting or any persons there assembled.”

(2)

Section three of the principal Act is hereby amended by omitting from paragraph (dd) the words “any congregation assembled for public worship or” and also the words “or interferes with the orderly conduct of any religious service in any church, chapel, cemetery, burial ground, or other building or place”.

4 Children on tractors and implements

The principal Act is hereby further amended by inserting, after section five, the following section:

“5a

“(1)

Every person commits an offence, and is liable to a fine not exceeding one hundred pounds, who permits any child under the age of twelve years—

“(a)

To drive any tractor; or

“(b)

To ride upon any tractor while it is drawing any implement; or

“(c)

To ride upon any implement (not being a sled or trailer designed or adapted exclusively or principally for the carriage of passengers or of goods) drawn by any tractor.

“(2)

It is a defence to a charge under this section if the defendant proves that he had reasonable cause to believe and did believe that the child was of or over the age of twelve years.

“(3)

In this section the term ‘tractor’ means a vehicle propelled by mechanical power that is designed exclusively or principally for the purposes of traction and not for the carriage thereon of passengers (other than the driver) or of goods.”

5 Wilful destruction of property

Section six of the principal Act, as substituted by section two of the Police Offences Amendment Act (No. 2) 1952, is hereby amended by repealing subsection five, and substituting the following subsection:

“(5)

Where the act done results in the destruction of or any damage to anything in which the person charged has an interest, whether total or partial, the existence of that interest shall not prevent his act being an offence if it is done with intent to defraud or to cause loss to any other person. For the purposes of this subsection, where any property is subject to any mortgage or charge, each of the parties to the mortgage or charge shall be deemed to have a partial interest in that property.”

6 Obstructing workers

Section thirty-three of the principal Act is hereby amended by adding the following subsection as subsection two thereof:

“(2)

Every person commits an offence, and is liable to a fine not exceeding twenty pounds or to imprisonment for a term not exceeding three months, who forcibly hinders or prevents any person from working at or exercising any lawful trade, business, or occupation.”

7 Peeping into window of dwellinghouse by night

(1)

The principal Act is hereby further amended by inserting, after section fifty-two, the following section:

“52a

Every person commits an offence, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty pounds, who is found by night without lawful excuse (the proof of which excuse shall be on him)—

“(a)

Peeping or peering into a window of any dwellinghouse; or

“(b)

On any land lurking or loitering near any dwellinghouse situated on that land.”

(2)

Section fifty-three of the principal Act is hereby amended by omitting the words “the two last preceding sections”, and substituting the words “sections fifty-one, fifty-two, and fifty-two a of this Act”.

8 Summary proceedings

Section seventy-nine of the principal Act, as substituted by section two hundred and thirteen of the Summary Proceedings Act 1957, is hereby amended—

(a)

By inserting in subsection three, after the words “sections three”, the words “three b, three c”:

(b)

By inserting in subsection three, after the word “fifty”, the word “fifty-two a”.

9 Police Offences Amendment Act 1951 repealed

The Police Offences Amendment Act 1951 is hereby repealed.

10 Fraudulent mediums, etc.

(1)

Section twelve of the Police Offences Amendment Act (No. 2) 1952 is hereby amended by inserting, after subsection one, the following subsection:

“(1a)

Every person commits an offence, and is liable to imprisonment for a term not exceeding three months or to a fine not exceeding fifty pounds, who, acting for reward,—

“(a)

With intent to deceive, purports to act as a spiritualistic medium or to exercise any powers of telepathy or clairvoyance or other similar powers; or

“(b)

Uses any fraudulent device in purporting to act as a spiritualistic medium or in purporting to exercise such powers as aforesaid.”

(2)

Section twelve of the Police Offences Amendment Act (No. 2) 1952 is hereby further amended by inserting in subsection three, after the words “subsection one”, the words “or subsection one a”.

¹*1957 Reprint, Vol. 12, p. 1

Amendment: 1958, No. 87

Police Offences Amendment Act 1960