THE LAW
Queensland
Western Australia
In Queensland and Western Australia the following law deals with the practice
of our craft.
Pretending to exercise witchcraft or tell fortunes
432. Any person who pretends to exercise or use any kind of witchcraft,
sorcery, enchantment, or conjuration, or undertakes to tell fortunes,
or pretends from the person�s skill or knowledge in any occult science
to discover where or in what manner anything supposed to have been
stolen or lost may be found, is guilty of a misdemeanour, and is
liable to imprisonment for 1 year.
Note: On the 10th November, 2000 - The above law was repelled in Queensland.
New South Wales
The Witchcraft Act of 1735 was repealed by the Imperial Acts
Application Act, 1969 (NSW), (having been repealed in England
in 1951). The offence of fortune telling, [Section 4(2)(n) of
the Vagrancy Act, 1902 (NSW)]was repealed by the Summary
Offences Act, 1970 (NSW), and replaced by Section 39 of the
Summary Offences Act, 1970 (NSW), which was finally repealed by the Summary
Offences Act (Repeal) Act, 1979(NSW).
Australian Capital Territory
Until relatively recently, there were a number of laws covering
the pretence of witchcraft in the ACT. However, the
Discrimination
Act, 1991, now makes it unlawful to discriminate against
a person on the basis of (among other things) the person's religious convictions.
South Australia
The Statutes Amendment and Repeal (Public Offences) Act, 1991
abolished a section similar to the Queensland criminal
code plus a vagrancy provision. The 1991 Act inserted a
new offence into the Summary Offences Act as Section 40.
It states: A person who, with intent to defraud purports to act
as a spiritualist or medium or to exercise powers of telepathy
or claivoyance or other similar powers, is guilty of an offence'.
Northern Territory
Relevant legislation, specifically the Northern Territory Ciminal Code 1983
and the Summary Offences Act 1923, fails to reveal any equivalent
laws which affect religious practices.
Tasmania
The Police Offences Act 1935, Section 8(1)(g) which pertains
to fortune telling; the Criminal Code Act 1924,Sections 119-121,
concerning crimes relating to religion, which however,
may be offset to some degree with the Constitution Act 1934,
Section 46, providing for freedom of religion.
Victoria
The relevant criminal provision is Section 13 of the Vagrancy Act 1958
which is entitled 'Fortune Telling and Pretending to Exercise Witchcraft, etc':
Any person who pretends or professes to tell fortunes or uses
any subtle craft means or device by palmistry or otherwise to
defraud or impose on any other person or pretends to exercise
or use any kind of witchcraft sorcery enchantment or
conjuration or pretends from his skill or knowledge in
any occult or crafty science to discover where or
in what manner any goods or chattels stolen or
lost may be found shall be guilty of an offence.
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