Australian Capital Territory Repealed Acts

This legislation has been repealed.

INEBRIATES ACT, 1900 - SECT 3

(1)     Where a person is convicted before a stipendiary or police magistrate, or on indictment—

        (a)     of an offence of which drunkenness is an ingredient; or

        (b)     of assault, cruelty to children, attempted suicide, or wilful damage to property, and it appears that drunkenness was a contributing cause of such offence,

and on inquiry it appears that the offender is an inebriate, the court may either sentence the offender according to law, or—

        (c)     discharge the said offender conditionally on his or her entering into a recognizance, with or without sureties, that during the period named by the court, not being less than twelve months—

              (i)     he or she will be of good behaviour;

              (ii)     he or she will not take or use any intoxicating liquor or intoxicating or narcotic drugs;

              (iii)     he or she will, once at least in every three months, report his or her address and occupation to the principal officer of police at the place where such conviction was had, or at such other place as the Inspector-General of Police may appoint, such report being made either personally or by letter, unless the Minister directs that the report be made personally, in which case it must be made in that mode only;

              (iv)     he or she will not do or omit to do any act whereby the recognizance would become forfeited; or

        (d)     order the said offender to be placed for a period of twelve months in a State institution established under section 3B: Provided that such order shall only be made on the production of such certificate and on such evidence and inspection as in the case of an order made under section one.

(2)     On the order of a Judge of the Supreme Court, or of a District Court Judge, or of the Master in Lunacy, such period may from time to time be extended for further periods not exceeding twelve months each.

(3)     Where the inebriate is physically unfit to travel to the institution named in such order, the court making the order may direct that he or she be placed for immediate medical treatment for such time as it thinks fit in a gaol, or lock-up, or in a hospital, or private house, under the supervision of the police.