Act No. 74, 1902.
Act to consolidate the Acts for the prevention of Vagrancy.
[11th September, 1902.]
“BE it enacted by the King's -Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the.authority of the same, as follows :—
Preliminary and Interpretation.
This Act may be cited as the "Vagrancy Act, 1902.''
The Vagrancy Act, 1901, is hereby repealed.
In this Act, unless the context or subject matter otherwise indicates or
Aboriginal" means an aboriginal native of New South Wales. " Idle or
disorderly person " means every person who commits any offence mentioned in subsection one of section four. 'Incorrigible
any offence mentioned in subsection three of section four.
Justice " means justice of the peace.
Rogue and vagabond " means every person who commits any
mentioned in subsection two of section four.
having no visible lawful
means of support, or insufficient
lawful means, does not, on being required by or summoned to appear or brought before a justice in pursuance of the
provisions of this Act, give a good account of his means of support to the
satisfaction of the justice ;
not being an aboriginal, or the child of an aboriginal, lodges or
wanders in company with any aboriginal, and does not, on being required by a
justice, give to his satisfaction a good account that he has a lawful fixed
place of residence in New South Wales and lawful means of support, and that he
so lodged or wandered for some temporary and lawful occasion only, and did not
continue so to do beyond such occasion;
being a common prostitute,
wanders in any street or public
highway, or is in any place
of public resort, and in either case behaves in a riotous or indecent manner ;
being a habitual drunkard, thrice convicted of
drunkenness "within the preceding twelve months, behaves in a riotous or
indecent manner in any street, public highway, or place of public resort;
is the holder of a house frequented by reputed thieves or persons who
have no visible lawful means of support
is found in a house frequented by reputed thieves, or persons who have no
visible lawful means of support in company with reputed thieves or such persons,
and who does not on being required by a justice give to his satisfaction a good
account of his lawful means of support, and of his being in such house on a
lawful occasion ;
abroad, or places himself in a public place, street, highway, court, or passage
to beg or gather alms :
procures, or encourages any child to wander abroad, or place himself in a public
place, street. Highway, court or passage to beg or gather alms,
conviction before any justice, by his own view or be liable to imprisonment with
hard labour for a term not exceeding six months.
(a) having been convicted under this or any former
Act of any such offence as is mentioned
in the last afterwards commits any offence as in mentioned ….;
(b) goes about gathering alms
under false pro
casualty, or as collector under nr
(c) imposes or endeavours to impose upon any
charitable institution ….or private individual, by false or fraudulent
representation, with a view to obtain money or other benefit or advantage
(d) wilfully and obscenely exposes his person in
view of any street, road, or public
highway, or any place of public resort;
(e) plays or bets at any unlawful game
or bets in any street, road, highway, or other open and public place, at or with
any table or instrument of gaming, at any game or pretended game of chance
(g) has in
his custody or possession any implement with intent feloniously to break into
any dwelling-house, warehouse, coachhouse, stable or out-building ;
(h) is armed
with any offensive weapon, or has upon him any instrument, with intent to commit
any felonious act ;
any unlawful purpose is found in any dwelling-house, warehouse, coachhouse,
stable, or outhouse, or in any enclosed yard, garden, or area, or on board any
ship or vessel in any port, harbour, or place within New South "Wales;
(j) being a
suspected person or reputed thief frequents any river, canal, or navigable
stream, dock or basin, or any quay, wharf, or warehouse near or adjoining
thereto, or any street,
… &c., &c.”