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

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CRIMINAL CODE SS. 56-56B 43<br />

56. Disturbing the Legislataare. Any person who advisedly-<br />

(1 ) Disturbs either House of Parliament while in session; or<br />

(2) Commits any disorderly conduct in the immediate view and<br />

presence of either House of Parliament while in session,<br />

tending to interrupt its proceedings or to impair the respect<br />

due to its authority;<br />

is guilty of a misdemeanour, and is liable to imprisonment for three years.<br />

<strong>The</strong> offender may be, and it is hereby declared that he always was<br />

liable to be, arrested without warrant.<br />

As amended by Amendment <strong>Act</strong> of 1939, 3 Geo. 6 No. 28, s. 3.<br />

56A.<br />

creating or joining in any disturbance in Parliament Mouse or within the<br />

precincts thereof at any time other than during an actual sitting of Parlia-<br />

ment therein or at the office or residence of the Governor or of any<br />

member of the Legislative Assembly or of the Executive Council shall be<br />

guilty of an offence and-<br />

(i) If he created or joined in such disturbance in Parliament<br />

House or within the precincts thereof, may be apprehended<br />

without warrant on the verbal order of the Speaker or, in<br />

his absence, of the Clerk of the Parliament, or of the person<br />

for the time being discharging the duties of the office of the<br />

Clerk of the Parliament, and may be kept in custody by any<br />

oscer of Parliament or by any police officer; or<br />

(ii) If he created or joined in such disturbance at the office<br />

or residence of the Governor or of any member of the<br />

Legislative Assembly or of the Executive Council, may be<br />

apprehended without warrant on the verbal order of the<br />

Governor or, as the case may be, member of the Legislative<br />

Assembly or of the Executive Council concerned, and may<br />

be kept in custody by any police officer.<br />

Such person may be so kept in custody until he can be dealt with<br />

in the manner following, that is to say:-<br />

Every such person shall, as soon as reasonably may be, be brought<br />

before a police magistrate without formal written complaint<br />

and there and then charged with such offence and summarily<br />

dealt with according to law. Any such person on summary<br />

conviction shall be liable to a fine of one hundred dollars with<br />

or without imprisonment with hard labour for a term not<br />

exceeding six calendar months.<br />

Inserted by Amendment <strong>Act</strong> of 1939, 3 Ceo. 6 No. 28, s. 2.<br />

Decimal currency reference substituted pursuant to section 7 of Decimal<br />

Currency <strong>Act</strong> of 1965.<br />

Police magistrate now stipendiary magistrate; see Justices <strong>Act</strong>s Amendment<br />

<strong>Act</strong> of 1941, s. 4.<br />

ouse. (1) Any person<br />

is found in Parliament<br />

any of the grounds thereof or in any building in or upon such grounds is<br />

guilty of an offence and is liable on su~~ary conviction to a fine of<br />

one hundred dollars with or without impri~on~ent with hard labour for<br />

a term not exceeding six calendar months.<br />

<strong>The</strong> off ender may be arrested without warrant.

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