Witchcraft in South Australia Part III:
Australian Laws

Last blog we looked at Witchcraft laws around the world, this week we will be looking at the Australian States and Territories and laws regarding witchcraft that has been repealed or are still in place.

New South Wales 

The Witchcraft Act of 1735 was repealed by the Imperial Acts Application Act, 1969 (NSW),

The offence of fortune telling, [Section 4(2)(n) of the Vagrancy Act, 1902 (NSW)] was repealed by the Summary Offences Act (Repeal) Act, 1979 (NSW). New South Wales currently has no Witchcraft Act.

Northern Territory

The Northern Territory still had The Witchcraft Act of 1735 (9 Geo. 2 c. 5) as law as late as 2013. (Smail, 2013). The Act was repealed and replaced under the Summary Offences Act 2016 57(1)(d). In the Northern Territory Act, a person commits an offence if they pretend to “…tell fortunes, or uses any subtle craft, means, or device, by palmistry or otherwise, to deceive and impose upon a person”. (NT Gov. 2016).

Queensland 

 Witchcraft in Queensland was covered in The Criminal Code -Section 432, which stated; "Any person who pretends to exercise or use any kind of witchcraft, sorcery, enchantment, or conjuration, or undertakes to tell fortunes, or pretends from his 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 one year."

 However, the code was changed in 2005, and “witchcraft” per-se, is not mentioned, however via invoking Public Nuisance laws, psychics committing fraud can still be charged with a crime.

South Australia
The Statutes Amendment and Repeal (Public Offences) Act, 1991 abolished the Witchcraft laws in SA.

However, the 1991 Act came with a new section, Section 40. A person who, with intent to defraud purports to act as a spiritualist or medium or to exercise powers of telepathy or clairvoyance or other similar powers, is guilty of an offence.

Victoria

Victoria was the last Australian State to repeal a witchcraft act, which happened in 2005 with the "Vagrancy (Repeal) and Summary Offences (Amendment) Act 2005", prior to this repeal the law in Victoria Stated:
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. (AAP, 2005)

Tasmania, Western Australia and the ACT have no laws against witchcraft.

Researched and written by Allen Tiller © 2018

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Bibliography

AAP, 2005, Victoria clears witches for take-off, Fairfax Media, viewed 9 April 2018, https://www.theage.com.au/news/National/Victoria-clears-witches-for-takeoff/2005/07/21/1121539075041.html


Smail, S, 2013, Northern Territory government to repeal centuries-old witchcraft, tarot card law, ABC News, viewed 9 April 2018, http://www.abc.net.au/news/2013-08-17/northern-territory-to-ditch-their-witchcraft-law/4894086


Northern Territory Government, 2016, Legislation, NT Government, viewed 9 April 2018, https://legislation.nt.gov.au/Legislation/SUMMARY-OFFENCES-ACT