Paganism In Australia
	Although laws against "the pretence of the practice of witchcraft" remain on the statute books in a few States, the modern Pagan in Australia can basically practice their spiritual practicen without fear of being arrested. However, as with other Western countries, Paganism still remains the target of some misinformed or Christian fundamentalist groups. This is despite what seems to be a current interest and general acceptance of Paganism, based on the number of publications now available in bookshops. For this, and probably numerous other reasons, some Pagans still prefer to practise their chosen spiritual path privately. The following information has been derived from "Witchcraft and Paganism in Australia by Lynne Hume. As this book was published in 1997, some of the State and Territory statutes affecting the practise of Paganism and Wytchcraft have changed, in particular the Queensland statute. Therefore, this information is provided here merely as a guide A.C.T - Until relatively recently, there were a number of laws covering the pretence of Wytchcraft 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. N.S.W. - The English "Witchcraft Act of 1735" was repealed by the Imperial Acts Application Act 1969 (NSW), (having been repealed in England in 1951). The offence of fortune telling, [Section 4(2)(n) of the Vagrancy Act 1902 (NSW)] was repealed by the Summary Offences Act 1970 (NSW), and replaced by Section 39 of the Summary Offences Act 1970 (NSW), which was finally repealed by the Summary Offences Act (Repeal) Act 1979 (NSW). NORTHERN TERRITORY - The most 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. QUEENSLAND - The statute in question is the The Criminal Code of Queensland - Chapter XL entitled "Obtaining Property by False Pretenses: Cheating" in which Section 432 states: Pretending to exercise witchcraft or fortune telling. Any person who pretends to exercise or use any kind of witchcraft, sorcery, enchantment or conjuratoin, 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. As such, Wytchcraft was a criminal offence in Queensland until recently this statute was changed earlier this year (2001). 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. 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. WESTERN AUSTRALIA - At present, there does not seem to be any information pertaining to the most appropriate statute in Western Australia. However, if anyone knows of the appropriate statute, please contact me so that I can update this page.
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