Victorian Repealed Acts

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This legislation has been repealed.

Vagrancy Act 1966 - SECT 7

Soliciting alms, cheating etc.

7. Soliciting alms, cheating etc.



(1) Any person who-

   (a)  solicits gathers or collects alms subscriptions or contributions under
        a false pretence;

   (b)  imposes or endeavours to impose upon any person or charitable
        institution by a false or fraudulent representation either verbally or
        in writing with a view to obtaining money or any other benefit or
        advantage;

   (c)  wilfully and obscenely exposes his person in a public place or in the
        view thereof;

   (d)  in or near a public place or within the view or hearing of any person
        being or passing therein or thereon or in or near any house or
        premises licensed for the sale of liquors plays or bets or solicits or
        encourages any other person to play or bet-

   (i)  at or with an instrument of gaming at any game or pretended game of
        chance;

   (ii) at or on a game or trick of sleight of hand;

   (iii) at or on a game or trick played with an instrument which in the
        opinion of the court is constructed or kept as a means of cheating;

   (e)  being a known or reputed cheat loiters in or near a public place or in
        or near a house or premises licensed for the sale of liquors and has
        in his possession an instrument of gaming or an instrument which in
        the opinion of the court is constructed or kept as a means of
        cheating, unless such person accounts for his having such instrument
        in his possession to the satisfaction of the court;

   (f)  being a suspected person or a known or reputed thief or cheat loiters
        in or about or frequents-

   (i)  any river canal navigable stream dock or basin or a quay wharf or
        warehouse near or adjoining thereto or a street highway or avenue
        leading thereto;

   (ii) a public place; or

   (iii) a place adjacent to a street or highway- with intent to commit an
        indictable offence;

   (g)  has in his custody or possession without lawful excuse (the proof of
        which excuse shall be on such person) any picklock-key crow jack bit
        or other implement of housebreaking;

   (h)  is found disguised or has his face blackened with an unlawful intent;

        (i)    is found without lawful excuse (the proof of which excuse shall
               be on such person) in or upon or within the precincts of a
               building or structure or in a garden or enclosure or in or on
               board a ship or other vessel in any port harbor or place within
               Victoria or in a mine within the meaning of the
               Mineral Resources Development Act 1990;

   (j)  fraudulently manufactures or aids in the manufacture of any spurious
        or mixed metal or substance or fraudulently sells or offers for sale
        as unmanufactured gold or as gold in its natural state any metal or
        mixed or adulterated metal or other substance whether partly composed
        of gold or not-

shall be guilty of an offence. Penalty: For a first offence-imprisonment for
two years; For a second or subsequent offence against this section (whether
under the same paragraph or not)-imprisonment for three years.

(2) In proving intent to commit an indictable offence for the purposes of
paragraph (f) of the last preceding sub-section it shall not be necessary to
show that the person charged was guilty of any particular act or acts tending
to show his intent, and he may be convicted if from the circumstances of the
case and from his known character as proved to the court before which he is
charged it appears to such court that his intent was to commit an indictable
offence.







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