Australian Capital Territory Repealed Acts

This legislation has been repealed.

INEBRIATES ACT, 1900 - SECT 1

    It shall be lawful for a Judge of the Supreme Court or a Judge of any District Court, the Master in Lunacy, or any Stipendiary or Police Magistrate, hereinafter termed magistrate, on the application of—

        (a)     an inebriate or any person authorised in writing in that behalf by an inebriate while sober;

        (b)     the husband, or wife, or a parent, or a brother, sister, son, or daughter of full age, or a partner in business of an inebriate; or

        (c)     a member of the police force of or above the rank of sergeant acting on the request of a duly qualified medical practitioner in professional attendance on the inebriate, or on the request of a relative of the inebriate, or at the instance of a justice of the peace,

and on proof to the satisfaction of the Judge, Master in Lunacy, or Magistrate, that the person in respect of whom the application is made is an inebriate, to order—

    (c1)     that the inebriate enter into a recognizance, with or without sureties, that he or she will abstain from intoxicating liquor and intoxicating or narcotic drugs for the period therein mentioned, not being less than twelve months; or

        (d)     that the inebriate be placed for any period mentioned in the order not exceeding twenty-eight days under the care and control of some person or persons to be named in the order, in the house of the inebriate, or in the house of a friend of the inebriate, or in a public or private hospital, or in a licensed Institution, or in a receiving house; or

        (e)     that the inebriate be placed in a licensed institution or a State institution established under section 2A for such period not exceeding twelve months as may be mentioned in the order; or

        (f)     that the inebriate be placed for any period not exceeding twelve months, to be mentioned in the order, under the care and charge of an attendant or attendants to be named in the order, and who shall be under the control of the Judge, Master in Lunacy, or Magistrate making the order or of a guardian who is willing to act in that capacity:

Provided that no such order shall be made except—

        (g)     on production of the certificate of a legally qualified medical practitioner that the person in respect of whom the application is made is an inebriate together with corroborative evidence by some other person or persons; and

        (h)     on personal inspection of the inebriate by the Judge or Master in Lunacy or magistrate, or by some person appointed by him or her in that behalf,

Every medical practitioner who signs any certificate under or for the purposes of this Act shall specify therein the facts upon which he or she has formed his opinion that the person to whom such certificate relates is an inebriate, and shall distinguish in such certificate facts observed by himself or herself from facts communicated to him or her by others, and no such order shall be made upon any certificate which purports to be founded only upon facts communicated by others.

The inebriate shall be afforded an opportunity of being heard in objection. The Judge, Master in Lunacy, or Magistrate may direct that the inebriate shall be brought before him or her in Court.

On the order of a Judge of the Supreme Court or of a District Court, or of the Master in Lunacy, any period mentioned in an order made under paragraph (e) or paragraph (f) of this section may from time to time be extended for further periods not exceeding twelve months each. The inebriate shall be afforded an opportunity of being heard in objection to any such order.