Enforcement of maintenance orders. Insertion of (2.) A maintenance order made under this Act shall direct that on default being made in payment of any sum of money or costs thereby ordered to be paid, the same shall be recoverable by execution against the goods and chattels of the person liable, and that in default of payment and of sufficient goods and chattels he shall be imprisoned for a period determined by the court in accordance with the provisions of section one hundred and sixty-seven of the Justices Act, 1902, and subject to the provisions of that section: provided that the court may, in lieu of directing that such sum of money or costs shall be recoverable by execution, direct that in default of payment the person in default shall be imprisoned as aforesaid: And the maintenance order shall direct, with regard to any periodical payments thereby ordered, that whenever and as often as default is made in any such periodical payment, the person in default shall be liable to such process of execution and imprisonment, or to such imprisonment only, as aforesaid. (3.) Every such maintenance order shall have effect according to its tenor. (4.) The provisions of this section shall be without prejudice to any other provision of this Act. 19. The following section is hereby inserted after section after section 61. sixty-one of the principal Act:--- new section Order may be made in proceedings under sections 24, 26, and 28. Cf. Vic., 1915, Amendment of section 83. Amendment of 61a. An order may be made under section sixty-one in any proceedings under section twenty-four, twenty-six, or twenty-eight without any complaint having been made against or summons served on the near relative, provided that he is either present in court when the order is applied for or that he has received the prescribed notice of the intention to make the application. 20. Section eighty-three of the principal Act is hereby amended by inserting the following words: in line five, after the words "eighteen years," the words: "or during such shorter period as the court may think sufficient." 21. Part VII. of the principal Act is hereby amended as follows: (i.) By the addition to the title of the words "and Restrictions on Employment of Children"; (ii.) By the substitution of the word "twelve" for the word "ten" in section ninety-four; (iii.) By the insertion after paragraph (b) of section ninety-five of a paragraph as follows:-"or (c) who is under the age of twelve years;" (iv.) By the addition of the following section:— 95A. No person shall- Begging or performing by sixteen forbidden. C. N.S.W., 1992, No. 47, s. 23. (a) cause, procure, suffer, or allow any child under children under with racehorses (b) cause, procure, suffer, or allow any child under Work connected fourteen years of age to be employed or en- by children gaged in any work in or about any racing forbidden. stable, or in connection with the training of horses for racing; or (c) except with the license in writing of the Minister, and subject to such restrictions and conditions Penalty: Twenty pounds. under fourteen 22. The title of Part VIII. of the principal Act is hereby Alteration of altered by the addition of the words "and the care and title of Part adoption of children." 23. Sections ninety-seven, ninety-eight, ninety-nine, and one hundred and five of the principal Act are hereby repealed. VIII. Repeal of secand 105. tions 97, 98, 99, 101, and 102. 24. Sections one hundred, one hundred and one, and one Amendment of hundred and two of the principal Act are hereby amended by sections 100, the substitution of the word "six" for the word "three," wherever such latter word occurs therein. Insertion of new section to stand as 105. Places for reception of children under six to be licensed. Ct. N.S.W., 1904, No. 27, s. 27. 25. The following section is hereby inserted in the principal Act, and shall stand as section one hundred and five:— 105. (1.) No person shall keep, use, or manage any house, room or place for the purpose of receiving or keeping in his care, charge, or custody two or more children under the age of six years in order to rear, nurse, or otherwise maintain such children apart from their respective parents, except pursuant to a license granted for the purpose by the Secretary. Penalty: Twenty pounds, or for a second offence imprisonment with hard labour for three months. (2.) Subject to this Act, the Secretary may on application grant a license without fee authorising the person named in the license to so receive and keep children as aforesaid, and to keep, use or manage for that purpose such house, room or place as is named in the license. (3.) Every application for such a license shall be made during the currency of the calendar year in which the license is to have effect, or in the month of December preceding that year, and every such license which shall be granted shall, subject to this Act, have effect for and during that year or the unexpired portion thereof, and no longer. (4.) The Governor may by regulations provide for the supervision and inspection of places licensed under this section, and prescribe what requisites must be complied with as regards the structure, maintenance, and management thereof, and may by any regulation direct that a license shall be refused in respect of any place regarding which the regulations are not complied with, or that a license shall be refused to any person, or in respect of any premises for any prescribed reason, and the Governor may prescribe a penalty of not more than Ten pounds for the breach of any regulation made hereunder. (5.) If it shall appear that any person has been guilty of neglect to provide or is incapable of providing the children in his charge with proper food or attention, or that the place in respect of which he is licensed is unfit for the purpose for which it is used, or that he has not complied with the regulations, or that for any other reason it is not desirable that the license granted to such person shall continue, the Secretary may cancel such license, and remove the children to an institution, and recover the cost of and incidental to such removal from the licensee by action in any court of competent jurisdiction; but such licensee may appeal to the Minister against such cancellation in the prescribed manner, and the Minister may reverse or confirm the cancellation and restore the license, and make such other order (including the restoration of the children) as may be just. (6.) This section shall not apply to any person who merely receives into his care or keeps in his charge children of whom he is a near relative, or to any person who, being licensed as a foster-mother under this Act, merely takes the care, charge or custody of children pursuant to her license, or to any person merely receiving into his care or keeping in his charge any children as lodgers, boarders, or scholars in the establishment of any school. recognised by the Minister for Education as giving efficient instruction for the purposes of the compulsory section of the Public Education Act, 1899, or to the keeping, use, or management of a house, room, or place for any of the purposes mentioned in this subsection. 26. The following sections are hereby added to Part VIII. Addition of of the principal Act: sections to Part VIII. No advertisetion or taking be published and no pre ment for adopcharge of child to 107a. (1.) No person shall, without the permission in Penalty: Thirty pounds. (2.) No person shall, without the permission in writing of the Secretary, publish or cause to be published any advertisement containing any direct or indirect invitation to take care of, or offering directly or indirectly to take care of, any child under the age of six years, whether a particular child or not. Penalty: Thirty pounds. (3.) No premium or reward shall be paid or offered to any person for maintaining or taking care of, or undertaking to maintain or take care of, any child under the age of six years, and no person shall offer or agron unless approved by Secretary, mium to be Person adopting child to give notice to Secretary. Insertion of new section after section 114. Managers of Institutions and persons with whom female State children are placed out to be deemed to be guardians for the purposes of Criminal Code. Insertion of new sections after section 117. Homes of illegitimate child. ren under six years liable to inspection. Cf. S.A., 1909, 27. to maintain or take care of such a child for a premium or reward: provided that nothing herein shall prevent the payment of a reasonable weekly or other sum approved by the Secretary to any person for taking the entire charge of any such child. Penalty: Fifty pounds. (4.) No premium or reward shall be paid or offered to any person for adopting or undertaking to adopt any child, and no person shall offer or agree to adopt any child for a premium or reward. Penalty: Fifty pounds. 107b. If any person other than a near relative of any child under six years of age or other than a person obtaining an order of adoption under the Adoption of Children Act, 1896, and amendments, adopts or assumes the entire charge of such a child such person shall, within seven days of his so doing, give notice of the fact to the Secretary, and shall in such notice state his name and place of residence and his occupation, together with the name, age, religion, and place of birth of such child. Penalty: Ten pounds. The following section is hereby inserted in the principal Act, after section one hundred and fourteen thereof: 114a. When a female State child is detained or resides in an institution, or has been placed out or apprenticed with or to any person, then the manager or person having the chief control of the institution (being a male) or such person as aforesaid (if a male) or the husband of such person (if a female) shall be deemed to be the guardian of such child within the meaning of the provisions of the Criminal Code relating to sexual offences by guardians. 28. The following sections are hereby inserted in the principal Act, after section one hundred and seventeen: 117a. The home or place of residence, and every part thereof, of any illegitimate child under the age of six years, shall at all times be open to entry and inspection by any female officer of the Department, on the written authority of the Secretary, and any person who refuses to allow such entry or inspection to be made, or hinders or resists any such officer in the making of, or attempt to make, such entry or inspection, or who refuses or neglects to produce such child to any such officer |