The Criminal Code Act 1899 - Ozcase Queensland Historical Legal ...

114 ss. 362,363 CRIMINAL CODE
(4) Induces, or attempts to induce, any person to celebrate the
marriage of any person who is to the knowledge of the
offender under the age of eighteen years, and is no4 a
widower or widow, without such consent as aforesaid, or
with a consent which, to his knowledge, is not given by a
person authorised by law to give it, or to Celebrate any
marriage contrary to or without compliance with the laws
relating to the solemnization of marriage; or
(5) Marries a person who is, to his or her knowledge, under the
age of eighteen years, and is not a widoiw or widover,
without such consent as aforesaid, or with a consent which,
to his or her knowledge, is not given by a person authorised
by law to give it;
is guilty of a misdemeanour, and is liable to i~~ri~onment for three
years.
As amended by Age of Majority Act 1974, No. 57, s. 8 Sch.
e61 Persons procuring ed to
ages. Any person t being a person e to be
registered under the laws relating to the solemnization of marriage as a
person authorized to celebrate marriages, and knowing that he is not such
a person, procures his name to be registered as a person so entitled, is
guilty of a misdemeanour, and is liable to imprisonment for two years,
and to a fine of four hundred dollars.
Decimal currency reference substituted pursuant to section 7 of Decimal
Currency Act o€ 1965.
. Any person who, with intent to deprive any parent,
guardian, or other person who has the lawful care or charge, of a child
mder the age of fourteen years, of the possession of such child, or with
intent to steal any article upon or about the person of any such child-
(1) Forcibly or fraudulently takes or entices away, or detains,
the child; or
(2) Receives or harbours the child, knowing it to have been so
taken or enticed away or detained;
is guilty of a crime, and is liable to imprisonment with hard labour for
seven years.
For the purposes of this section, the term “parent,” in addition to
its ordinary meaning, shall, in the case of a child who has been legally
adopted in Queensland or in any other State of the Commonwealth or in
any Territory of the Commonwealth under the law relating to adoption
for the time being in force in this State or other State or Territory, include
the person or each of the persons (if more than one) who shall have so
adopted the child concerned, each of whom shall be a parent of such
child; but in any such case shall not include any natural parent of such
adopted child concerned.
It is a defence to a charge of any of the offences defined in this
section to prove that the accused person claimed in good faith a right to
the possession of the child, or, in the case of an illegitimate child not
being a child who has been adopted as aforesaid, is its mother or claimed
in good faith to be its father.
The husband or wife of the accused person is a competent but not
a compellable witness.
As amended by Act of 1946, 10 Geo. 6 No. 22, s. 2.