08 April 2014

Alms

Noting explicit prohibitions on begging in Australian statutes -

In South Australia the relevant provision is  Summary Offences Act 1953 (SA) s 12 -
Begging alms 
(1) A person who—
(a) begs or gathers alms in a public place; or 
(b) is in a public place for the purpose of begging or gathering alms; or 
(c) goes from house to house begging or gathering alms; or 
(d) causes or encourages a child to beg or gather alms in a public place, or to be in a public place for the purpose of begging or gathering alms; or 
(e) exposes wounds or deformities with the object of obtaining alms,
is guilty of an offence. Maximum penalty: $250. 
In Victoria Summary Offences Act 1966 (Vic) s 49A -
Begging or gathering alms 
(1) A person must not beg or gather alms. Penalty: 12 months imprisonment. 
(2) A person must not cause, procure or encourage a child to beg or gather alms. 
Penalty: 12 months imprisonment. 
In Tasmania Police Offences Act 1935 (Tas) s 8 provides -
Begging, imposition, prostitution, &c
(1) A person shall not –
(a) in a public place beg or expose wounds or deformities, or place himself or herself or otherwise act so as to induce, or attempt to induce, the giving of alms, or instigate or incite a child to do any of those things; 
(1AA) A person who contravenes a provision of subsection (1) is guilty of an offence and is liable on summary conviction to a penalty not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.
In Queensland Summary Offences Act 2005 (Qld) s 8 provides -
Begging in a public place 
(1) A person must not —
(a) beg for money or goods in a public place; or
(b) cause, procure or encourage a child to beg for money or goods in a public place; or
(c) solicit donations of money or goods in a public place.
Maximum penalty—10 penalty units or 6 months imprisonment.
In the Northern Territory the Summary Offences Act s 56 provides -
(1) Any person who: 
(c) wanders abroad, or from house to house, or places himself in any public place, street, highway, court, or passage, to beg or gather alms , or causes or procures or encourages any child so to do; 
(e) has on or about his person, without lawful excuse (proof whereof shall lie upon the person charged), any deleterious drug, or any article of disguise; or 
(i) habitually consorts with reputed criminals, shall be guilty of an offence. 
Penalty: 500 dollars or imprisonment for 3 months, or both.
Sectuion 57 of that Act provides -
Offences after finding of guilt under section 56, &c. 
(1) Any person who:
(a) having been found guilty of an offence under section 56 commits any of the offences mentioned in that section; 
(b) solicits, gathers, or collects alms , subscriptions, or contributions under any false pretence, or wanders abroad and endeavours by the exposure of wounds or deformities to obtain or gather alms ; 
(d) pretends to tell fortunes, or uses any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose upon a person; 
(e) has in his custody or possession, without lawful excuse (proof whereof shall be upon the person charged), any picklock, key, crow, jack, bit, or other implement of housebreaking; 
(l) being a suspected person or reputed thief, is in, on or near, with intent to commit any offence triable on information in the Supreme Court or any indictable offence, any river, canal, navigable stream, dock, or basin, or any quay, wharf, or warehouse near or adjacent thereto, or any street, highway, or avenue leading thereto, or any place of public resort, or any avenue leading thereto, or any street, highway, or place adjacent; or 
(p) leaves his wife or child: (i) chargeable, or whereby either of them becomes chargeable, to the public; or (ii) without means of support other than public charity,
 shall be guilty of an offence. 
Penalty: 1,000 dollars, or imprisonment for 6 months, or both.