Anti-Witchcraft and Tarot (Fortune Telling) Laws
Victoria

April 2004 - Note... I have heard that this law will be removed... but am more sure if it already is, or when it will be.


Telstra loves me now.... after *several* phonecalls around the place, I finally tracked down the laws and regulations concerning Witchcraft and Tarot reading (and other forms of Divination or "Fortune Telling").  They are contained in the same section of the vagrancy Act 1966.  Which has not (as yet) been repealed here in Victoria.

Note:  I believe these were under review recently (2003), and I assume they were repealed, but I am not sure



The following information comes from the Victorian Law Today section of this site: www.dms.dpc.vic.gov.au: (look up "V")

Version No. 043
Vagrancy Act 1966
Act No. 7393/1966
Version incorporating amendments as at 17 December 2000

{snipped out Irrelevant parts}

Fortune Telling, etc.
No. 6337 s. 82.
S. 13 amended by No. 9554 s. 2(2)(Sch. 2 item 353).
13. 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.
Penalty: 5 penalty units.


Now..... before you reply "no, I don't pretend to practice Witchcraft/Tarot Reading...... I do practice Witchcraft/tarot reading"  (As I did).....My partner (who is a linguist) informed me that the word "pretend" has a different meaning to the one we commonly use today.

So I looked it up.  Damnit, he's right (as usual)

We commonly use the definitions of (taken from my dictionary):

"Pretend
1 - put forward a false appearance of; feign: to pretend illness
2 - to venture or attempt falsely (to do something)
3 - to allege or profess, esp. insincerely or falsely
4 - to make believe"

But, another definition is (and probably the one they use):

"5 - to lay claim (fol. by to)"

Which means,  by claiming I am a Witch, I am (by that definition) Pretending to be a Witch, which is therefore against the law "pretends to exercise or use any kind of witchcraft"

This creates a slight problem...... you aren't allowed to discriminate against someone based on their religion, but, that religion has to be a lawful one, and if "Witchcraft" is against the law, then practicing it is not practicing a lawful religion, so not covered by the freedom of religion regulations (or so I believe.  More info on that here).  It is a lawful recognised religion in some places, but not, it would seem, in Victoria.  (It may be possible to argue that case in court if it were to come up)

However.....Paganism, Shamanism, Wicca and any other forms of Witchcraft, are generally seen as lawful religions, so are covered in the freedom of religion regulations.  So rather than calling yourself a "Witch", and saying you practice "Witchcraft", it would be better to say that you were a "Pagan", and practiced "Paganism"... they are, afterall just words, and Witchcraft is a Pagan religion, so you are not being dishonest.  (this is not legal advice of course, just my opinion)



With the "Fortune Telling" laws..... The definition if "impose" used in the law is probably the one "to pass or palm off fraudulently or deceptively".

"Impose
1 - to lay on or set as something to be borne, endured, obeyed, fulfilled etc. : to impose taxes
2 - to put or set by, or as by, authority: to impose an arbitrary meaning upon words
3 - to pass or palm off fraudulently or deceptively.
4 - to subject to some penalty, etc.
5 - to obtrude oneself or one's requirements, as upon others."

I imagine they use the definition of "to pass or palm off fraudulently or deceptively."

The law says  "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"  While a Tarot reader (etc.) does not believe that they are committing fraud or being deceptive by performing their services, the law concerning this would most likely rule in the favour of the customer, if such a case were to go through the courts.

I believe that others (namely lawyers and the like) would certainly be of the opinion that it is not possible to see into the future, to read tea leaves etc. and therefore to profess that you can, is being fraudulent.  Which is basically the gist of this law... IMHO

However, as a Tarot Card reader, you can perform your services for "entertainment" purposes, therefore you are not deceiving people by claiming to be anything other than an entertainer.  (this is not legal advice of course, just my opinion)


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