Scientology (Prohibition) Act 1968

Government Gazette (South Australia), 1969

The South Australian act banning Scientology in the late '60s. This is not from original Parliamentary records, but from the CoS-published booklet protesting said act; I've corrected a few obvious typos, but I'm not sure if any more remain.

ANNO DECIMO OCTIMO

ELIZABETHAE II REGINAE

A.D. 1969

No. 1 of 1969

Scientology (Prohibition) Act 1968

An Act to prohibit the teaching, practice or application of the system of Study known as Scientology and for other purposes. (Assented to 13th February, 1969)

BE IT ENACTED by the Governor of the State of South Australia, with the Advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as the "Scientology (Prohibition) Act, 1968".

2. In this Act, unless the contrary intention appears -

   "galvanometer" includes a device known as an electrometer, a device known as an "E" meter and any other instrument that is capable of detecting or measuring or is represented as being capable of measuring any emotional reaction of a person:

   "school" means a public school or private school as defined in the Education Act, 1915-1966:

   "scientological records" means any record, document or register or any gramophone record, wire, tape or other thing by which words or sounds uttered or made by any particular person in the course of the practice or application of scientology or in the course of being examined or tested in the teaching of or being examined or tested in, or being taught the practice or application of, scientology are recorded and from which, directly or indirectly, such words or sounds are capable of being reproduced:

   "scientology" means the system or purported system of the study of knowledge and human behaviour, advocated or described in the writing of Lafayette Ronald Hubbard and disseminated by the Hubbard Association of Scientologists International, a company incorporated in the State of Arizona in the United States of America, and includes any teachings associated with or derived from that system or purported system of study or those writings and the system or purported system of or known as dianetics and any system or purported system and any teachings associated with or derived from the system or purported system of or known as dianetics.

3. (1) A person shall not -

1. demand or receive directly or indirectly any fee, reward of any kind by whomsoever paid or payable or for account of or in relation to the teaching, practice or application of scientology or of any stage, aspect or phase of scientology;

or

2. advertise or hold himself out as being willing to teach scientology or any stage, aspect of phase of scientology or to assist in the practice or application of scientology or any stage, aspect or phase of scientology.

Penalty: For a first offence, two hundred dollars and for a second or any subsequent offence, five hundred dollars or imprisonment for two years.

(2) Subject to subsection (3) of this section a person shall not use a galvanometer on, or apply a galvanometer to, another person.

Penalty: Two hundred dollars.

(3) The provisions of this section do not apply to or in relation to the use or application of a galvanometer by -

1. a legally qualified medical practitioner;

2. a student or other person in a university, institute of technology or school when that use or application is in the course of instruction being offered or research being undertaken at that university, institute of technology or school;

3. any person or person of a class for the time being declared by proclamation made pursuant to subsection (4) of this section to be a person or class of persons to which this section does not apply.

(4) The Governor may by proclamation declare that subsection (2) of this section does not apply to or in relation to a person or class of persons named therein and may by a proclamation amend, vary or revoke that proclamation.

4. A person who has in his possession, custody or control or obtains possession, custody or control of any scientological records shall forthwith deliver those records to the Attorney-General at his office in Adelaide.

   Penalty: Two hundred dollars.

5. (1) Where the Attorney-General has reasonable cause to believe that any person has scientological records in his possession, custody or control or that there are scientological records in or at any premises or place he may by warrant under his hand authorise any person named therein to search any such person or search any premises or place and seize and deliver to the Attorney-General at his office any scientological records found on or in the custody or control of such person or in or on such premises or place.

   (2) A warrant under subsection (1) of this section, by virtue of this subsection, authorises the person named thereon to enter the premises or place specified in the warrant at any time of the day or night with such assistants as may be necessary and to use force by breaking open doors or otherwise and also authorises the person so named or any assistant, by means of any device for reproducing recorded words or sounds which the person so named or such assistant has in his possession or finds on those premises or in that place, to reproduce the words or sound recorded on any gramophone record, wire, tape or other medium of recording information found on these premises or in that place.

6. The Attorney-General may cause to be destroyed or otherwise disposed of any scientological records delivered pursuant to section 4 or section 5 of this Act, but any such scientological records shall not be so destroyed or otherwise disposed of before the expiration of six months from the day on which they were so delivered.

7. A person shall not hinder, obstruct, delay or otherwise interfere with a person named in a warrant issued pursuant to subsection (1) of section 5 of this Act, or any person assisting that person, in the execution of that warrant.

   Penalty: Two hundred dollars.

8. (1) Proceedings for offences against this Act shall be disposed of summarily.

   (2) Proceedings for offences against this Act shall be taken only upon the certificate of the Attorney-General.

9. (1) The Governor may make such regulations as may be necessary or convenient for carrying into effect the objects of this Act.

   (2) A regulation made under subsection (1) of this section may prescribe a penalty not exceeding two hundred dollars for any breach of or non-compliance with any regulation.

In the name and on behalf of Her Majesty, I hereby assent to this Bill.

J. W. HARRISON, Governor