Art Union Regulation Act of 1964 (Qld)

573 fQiucnslatth ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 55 of 1964 An Act to make New Provision for the Control of Art Unions and for other purposes [ASSENTED TO 21sT DECEMBER, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same, as follows:- PART I - PRELIMINARY 1. (1) Short title . This Act may be cited as "The Art Union Regulation Act of 1964," (2) Commencement of this Act . This Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. Arrangement of Act . This Act is arranged as follows:- PART I-PRELIMINARY; PART II-ADMINISTRATION; PART III-ART UNIONS; Division I-Offences in connection with Art Unions; Division II-Permits to conduct single Art Unions; Division III-Permits to conduct a series of small Art Unions; Division IV-Conduct of Art Unions by Approved Associations; Division V-Miscellaneous Provisions relating to Art Unions;

574 Art Union Regulation Act of 1964, No. 55 PART IV -COMMERCIAL MACHINES; AMUSEMENTS AND ENTERTAINMENT Division I-Commercial Amusements at Shows; P Division II-Entertainment machines; Division 111 Miscellaneous Provisions relating to Commercial Amusements and Entertainment Machines; PART V-MISCELLANEOUS; SCHEDULE. 3. Severability. This Act including every Proclamation, Order in Council and regulation hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, or regulation would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. 4. Repeals. (1) The Acts set forth in the Schedule to this Act (hereinafter referred to as " the repealed Acts ") are repealed to the extent in the Schedule indicated. (2) Savings . Without limiting the operation of " The Acts Interpretation Acts, 1954 to 1962 "- (a) all proceedings initiated, pending or part heard under the repealed Acts shall be continued, if practicable, as if such proceedings had been taken or initiated under this Act, but if it is not practicable so to apply this Act, then such proceedings shall continue according to the provisions of the repealed Acts which shall for that purpose be deemed to continue in force notwithstanding the repeal thereof; (h) no proceedings or acts or things done under the repealed Acts shall be invalidated, prejudiced, or otherwise affected by such repeal ; (c) unless otherwise expressly provided, every permit, register, book, record, order, notice, stipulation, application, determination, delegation, declaration, certificate, approval, and act of authority whatsoever kept, made, given , issued, done or otherwise originated under the repealed Acts and subsisting immediately prior to the commencement of this Act shall, so far as it is consistent with this Act, continue for the purposes of this Act in force, but subject to this Act, as fully and effectually as if it had originated under the provisions of this Act (and shall, where necessary, be deemed to have so originated). 5. Meaning of terms . (1) In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Advertisement "-In relation to any art union, includes any method of advertising the art union or conveying information in respect thereof to the public, whether by writing or pictorially or otherwise, including any circular, leaflet or other document, any placard, poster, or sign, and any public announcement made by means of producing or transmitting light or sound;

Art Union Regulation Act of 1964, No. 55 575 "Approved association "-An approved association registered as such for the purposes of this Act; "Art union "-Lottery; "Association "-Includes a society, club, institution, organisation, or other association of persons or body by whatever name called and whether corporated or unincorporated including any company. and where any application by any local or affiliated branch or section of an association is made under this Act with the consent of the central body, then upon the grant of that application and for the purposes of the application of this Act to and with respect to any art union promoted or conducted under the authority of that grant the local or affiliated branch or section of the association shall be regarded as a separate and distinct association; "Authorized officer "-A person appointed or deemed to be appointed by or under this Act as such for the purposes of the provision wherein the term occurs; " Charitable purpose "-All or any of the following purposes:- (a) the relief or assistance of any persons in distress including diseased, sick, infirm, incurable, poor, destitute, helpless, or unemployed persons (including children) and any persons in distress owing to fire, flood, drought, or any other emergency and any dependants of any such persons; (b) the aiding in any manner howsoever of any hospital or ambulance in the State whether established or proposed to be established; (c) the relief or assistance of any former sailors, soldiers, airmen, nurses, or other former members of Her Majesty's armed Forces resident in the State; (d) the aiding of any association in the State whose activities are wholly or mainly concerned with the instruction or care or housing of the blind, deaf, or dumb or of any persons in distress as defined in paragraph (a) aforesaid, or of the aged or of any children; (e) the aiding of any association which distributes relief to any of the classes of persons aforesaid; (f) the aiding of any association whose activities are wholly or mainly concerned with providing relief or assistance to the dependants or any class of dependants of deceased ex-servicemen; (g) any purpose which in the opinion of the Minister may be fairly classed as charitable; " Clerk of the Court "-Clerk of the court within the meaning of " The Justices Acts, 1886 to 1964 "; " Closing date "-In relation to an art union, the last date on which tickets or chances in the art union may be sold or issued; " Contravention "-In relation to any requirement, includes a failure to comply with that requirement, and cognate terms shall be construed accordingly:

576 Art Union Regulation Act of 1964, No, 55 " Division "- Division of the Part in question, including, where necessary , all Orders in Council and regulations, if any, made under this Act for the purposes of that Division; " Drawing °"- In relation to an art union , the drawing or other determination or event or events which , according to the conditions of the art union , decide the result or prize winner or prize winners in the art union; " Educational purpose "-All or any of the following purposes:- (a) the aiding in any manner howsoever of any school of arts, public library, or educational institution, whether established or proposed to be established; (b) the aiding of any public voluntary association for the encouragement of the fine arts or any other cultural activity; (c) the aiding in any manner howsoever of any school , college, or other place of education; (d) the furtherance of the education of any individuals; (e) any purpose which in the opinion of the Minister may be fairly classed as educational; " Foreign Art Union "-Any art union conducted or to be conducted outside Queensland and whether legal in the place where it is or is to be conducted or not; " Local Authority "-A Local Authority constituted under " The Local Government Acts, 1936 to 1964 ": The term includes any Joint Local Authority , Brisbane City Council constituted under " The City of Brisbane Acts, 1924 to 1964," and any corporation constituted under any Act where , pursuant to any Act, that corporation is a Local Authority; " Lottery "- Any scheme or device for the sale , gift, disposal, or distribution , of any property real or personal or thing, or any right thereto or of any share or interest therein , depending upon or to be determined by lot or chance, whether by the throwing or casting of dice, or by tickets , cards, lots, tokens, numbers , or figures , or by any machine , ticket , envelope, wheel or trained animal or device whatsoever: The term also includes any drawing commonly known as an art union, raffle , guessing competition , and any drawing of a like nature and also any lottery within the meaning of any other Act; " Minister "- The Minister for Justice and Attorney - General or other Minister of the Crown for the time being charged with the administration of this Act; " Money "-Includes Australian notes, coin of any denomination, cheques , bank drafts , and any other orders, warrants, authorities , or requests for the payment of money; " Open order "- Any order ( whether in writing or not) whereby any person is entitled to or may receive any article , property, service , consideration , or advantage of any kind, or any combination of any of these , and which either- (a) is not directed to any particular person or persons; or (b) does not identify or specify such article , property, service, consideration , or advantage;

Art Union Regulation Act of 1964, No. 55 577 " Part "-Part of this Act, including, where necessary, all Orders in Council and regulations, if any, made under this Act for the purposes of the Part in question: The term where necessary includes any of the Divisions of the Part in question; " Permit "-Permit granted or issued under this Act in force at any material time; " Permit holder "-In relation to any permit, the person or association named in the permit as being the person or association to whom the permit is granted or issued; " Premises "-Includes any place and also any building or vessel; " Proceeds "-In relation to an art union, moneys raised by the art union at any material time during the conduct of the art union or on or after the drawing thereof, as the case requires; " Promoter "-In relation to an art union, includes the permit holder and the person or persons conducting the art union on behalf of the permit holder or, as the case may be, approved association; " Religious purpose "-All or any of the following purposes:- (a) the aiding in any manner howsoever of any church, including any congregation or association of any church or any church building, whether established or built or proposed to be established or built; (b) any purpose which in the opinion of the Minister may be fairly classed as religious; " Ticket "-In relation to any art union or proposed art union. includes, where necessary, any document, marble, or thing evidencing the claim of a person to participate in the chances of the art union; " Under Secretary "-The Under Secretary, Department of Justice: The term includes any person who for the time being occupies the office or performs the duties of the Under Secretary; " Whole proceeds "-In relation to an art union, the total value of the tickets or chances sold in the art union; " Winnings "-Includes winnings of any kind and any reference to the amount or to the payment of winnings shall be construed accordingly. (2) For the purposes of this Act- (a) references in this Act to printing shall be construed as including references to writing and any other modes of representing or reproducing words in a visible form; (b) tickets, documents, or other things whatsoever shall be deemed to be distributed if they are distributed to persons or places whether within or outside Queensland; (c) references in this Act to a failure to do any act or thing shall be construed as including a reference to a refusal or neglect to do that act or thing; 19

578 Art Union Regulation Act of 1964, No. 55 (d) in relation to any art union conducted under the authority of a permit granted or issued under this Act, unless the Minister authorizes or appoints some other person or persons to act as the promoter, the applicant for that permit shall be deemed to be the promoter. PART 11-ADMINISTRATION 6. Administration of this Act. Unless otherwise indicated or required, this Act shall be administered by the Minister. 7. Powers of delegation by Minister . (1) The Minister may from time to time, in relation to any matters or class of matters, or in relation to a particular part of the State, by writing under his hand delegate all or any of his powers, authorities, functions, and duties under this Act as may be specified in the writing (other than this power of delegation) so that any delegated power, authority, function or duty may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the writing. Any delegation under this section may, if the Minister deems it so desirable, be made by the delegation of all or any of his powers, authorities, functions, and duties under this Act as may be specified in the delegation to the holder of an office specifying the office but without naming the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office may exercise or, as the case may be, shall perform without further or other authority and while he holds or occupies or performs the duties of that office every delegated power, authority, function, or duty with respect to the matter or class of matters or in relation to the particular part of the State specified in the writing. (2) Where, by or under this Act, the exercise of a power, authority, or function or the performance of a duty of the Minister is dependent upon the opinion, belief, or state of mind of the Minister in relation to any matter, that power, authority, function, or duty may be exercised or performed upon the opinion, belief, or state of mind of the person to whom it is delegated under this section. (3) The Minister may, at his will, revoke a delegation made by him under this section. A delegation under this section shall not prevent the exercise of any power, authority, function, or duty by the Minister. (4) The Minister may make such and so many delegations under this section and to such number of persons and either at any one and the same time or from time to time as he may consider necessary or desirable. (5) Any delegation may be published in the Gazette and upon such publication shall be judicially noticed and shall be presumed in force until the contrary is proved.

Art Union Regulation Act of 1964, No. 55 579 PART 111-ART UNIONS Division I-Offences in connection with Art Unions 8. Savings . (1) Nothing in this Division shall apply with respect to any art union lawfully conducted under any other Act or to any person promoting or conducting or assisting to promote or conduct that art union or participating therein. (2) The provisions of this Division shall be in addition to and not in substitution for or in diminution of the provisions of- (a) " The Vagrants, Gaming, and Other Offences Acts, 1931 to 1963 "; (b) " The Gaming Act of 1850 "; (c) " The Suppression of Gambling Acts, 1895 to 1956 "; (d) " The Criminal Code "; (e) " The Racing and Betting Acts, 1954 to 1963 ", and when an offender is punishable under any provision of this Division and also under any provision of any of the aforementioned Acts for the same act or omission, he may be prosecuted and convicted under either the former or the latter provision, but so that he is not twice punished for the same offence. 9. Art unions unlawful except as prescribed . Subject to the provisions of this Act, all art unions are unlawful. 10. Offences in connection with art unions . (1) Subject to the provisions of subsection (3) of this section, every person who conducts or assists in conducting or takes part in the conduct of any art union shall be guilty of an offence and liable- (a) for the first offence to a fine not exceeding three hundred pounds or to imprisonment for a term not exceeding three months or to both; (b) for a second or subsequent offence to a fine not exceeding six hundred pounds or to imprisonment for a term not exceeding six months or to both. (2) Subject to the provisions of subsection (3) of this section and without derogating from subsection (1) of this section, every person who in connection with any art union conducted or proposed to be conducted- (a) prints or causes to be printed any ticket for use in the art union; or (b) sells or distributes, or offers or advertises for sale or distribution, or causes to be sold, distributed, offered or advertised for sale or distribution, or has in his possession for the purpose of sale or distribution, or accepts any money in respect of the sale or distribution of, any tickets or chances in the art union; or (c) prints, publishes, or distributes, or causes to be printed, published, or distributed, or has in his possession for the purpose of publication or distribution- (i) any advertisement of the art union; or (ii) any list, whether complete or not, of prize winners or winning tickets in the art union; or

580 Art Union Regulation Act of 1964, No. 55 (iii) any such matter descriptive of the drawing or intended drawing of the art union, or otherwise relating to the art union, as is likely to act as an inducement to persons to participate in that art union or in other art unions; or (d) uses any premises, or causes or permits any premises of which he is the occupier to be used, for purposes connected with the promotion or conduct of the art union; or (e) brings or invites any person to participate in the art union or send for the purpose of sale or distribution any ticket in, or advertisement of, the art union; or (f) sells or offers for sale any ticket of admission to any meeting or entertainment which entitles or allows the purchaser to participate in the art union; or (g) procures or attempts to procure any person to do any of the aforementioned acts, shall be guilty of an offence and liable to a fine not exceeding three hundred pounds or to imprisonment for a term not exceeding three months or to both. (3) In any proceedings instituted under the aforegoing provisions of this section, it shall be a defence to prove that the art union to which the proceedings relate was an art union declared to be lawful by this or any other Act. (4) Every person who sells or distributes, or offers or advertises for sale or distribution, or causes to be sold, distributed, offered or advertised for sale or distribution, or has in his possession for the purpose of sale or distribution, or accepts any money in respect of the sale or distribution of, any ticket or chance in a foreign art union, or who prints or publishes any advertisement of a foreign art union, shall be guilty of an offence and liable to a fine not exceeding three hundred pounds or to imprisonment for a term not exceeding three months or to both. it Fraud in relation to art unions . Every person who- (a) fraudulently takes or fraudulently converts to his own use, or to the use of any other person, any of the prizes or part of the prizes of, or any of the proceeds of, an art union; or (b) with intent to defraud- (i) makes or is privy to making any false entry in any book, document, financial account, statement, voucher, sheet, or other record, or in any prescribed return, relating to an art union; or (ii) omits or is privy to omitting any material particular from any such book, document, account, statement, voucher, sheet, or other record or return; or (iii) destroys, alters, mutilates, or falsifies any such book, document, account, statement, voucher, sheet, or other record or return, or any entry therein, or is privy to any such act; or (iv) conducts or is privy to conducting an art union in such a way that every holder of a ticket or chance therein does not have an equal chance of winning the prize or prizes, shall be guilty of an offence and liable- (A) on summary conviction to a fine not exceeding seven hundred and fifty pounds or to imprisonment for a term not exceeding six months or to both; or

Art Union Regulation Act of 1964, No. 55 581 (B) on conviction on indictment , to a fine not exceeding one thousand five hundred pounds or to imprisonment for a term not exceeding three years or to both. 12. Failure to answer questions , &c. Every person who- (a) being required by this Act to keep any record relating to any art union or art unions, fails to keep a complete and proper record and, where prescribed, in the form and manner as prescribed; or (b) being required by this Act to keep such a record fails to enter and keep recorded in that record a full and accurate account of the information required by this Act to be contained therein; or (c) being required by this Act to keep such a record, fails to retain that record or to hand it over to some other person in contravention of the provisions prescribed in that behalf; or (d) having custody or possession for the time being of such a record or any part thereof fails, upon demand made, either orally or in writing, to disclose that record or the required part thereof, or to produce that record or part as required, and otherwise in compliance with the demand, for inspection or examination or audit, or, as required, to allow the same to be inspected, examined, or audited, by an authorized officer or other person authorized in that behalf by or under this Act; or (e) being required by or under this Act to make any return in respect of any art union, fails to make that return within the time or to the person or at the place as so required or fails to make an accurate return; or (f) being a person conducting or associated in any manner with an art union, fails to answer any question asked by an authorized officer or fails to supply any information required of him by an authorized officer, or fails to answer or supply the same truthfully to the best of his knowledge, information, and belief, shall be guilty of an offence. Division II-Permits to conduct single Art Unions 13. (1) Application for permit . An application may be made under and in accordance with this Act by any person or on behalf of any association for the grant of a permit authorizing the conduct of an art union for raising money for any of the following purposes- (a) charitable, religious , or educational purposes; (b) any other purposes (which are neither purposes of private gain nor purposes of any commercial undertaking) for the time being specified by the Governor in Council (who is hereby thereunto authorized) by Order in Council. (2) Permitted art unions lawful . Upon the grant of any such application and permit thereon then, notwithstanding anything to the contrary contained in this Act or in any other Act for the time being in force relating to art unions and unless and until the permit is cancelled by or under this Act, the art union described in the permit and promoted

582 Art Union Regulation Act of 1964, No. 55 and conducted by or on behalf of the permit holder for the purpose of raising money for the purpose or purposes specified in the permit shall be lawful but the conditions, as provided by this Division and the regulations (if any) in this behalf and the conditions (if any) subject to which the permit is granted, shall be observed in connection with its promotion and conduct. 14. Certain property not to be disposed of by permitted art union. It shall be a condition to be observed in connection with the promotion and conduct of every art union permitted under or for the purposes of this Division that no prize in the art union shall be any of the following:- (a) money; (b) open orders; (c) bonds, stock, debentures, shares in companies, or other documents or securities; (d) spirituous or fermented liquors; (e) tobacco in any form; (f) a ticket or chance in another art union (whether conducted in this State or elsewhere), save a ticket or tickets in the " Golden Casket " conducted under " The Vagrants, Gaming, and Other Offences Acts, 1931 to 1963," or a ticket or tickets in any art union approved by the Minister and specified in the permit in question; (g) land and improvements (save any estate in fee-simple in land and any improvements thereon when specially permitted under subsection (2) of section nineteen of this Act): Provided that where any property or thing to be disposed of as a prize in an art union is insured against loss, injury, or damage then the payment to the prize winner of any insurance moneys upon the occurrence of any such event shall be deemed not to be a contravention of this condition. 15. Further conditions to be observed in connection with permitted art unions . (1) The following further conditions shall be observed in connection with the promotion and conduct of every art union permitted under this Division:- (a) the whole proceeds of the art union shall not exceed the amount specified in the permit in that behalf; (b) the amount of the proceeds of the art union appropriated on account of expenses shall not exceed- (i) the expenses actually incurred; or (ii) thirty per centum, or such less proportion as ma y be specified in the permit in that behalf, of the whole proceeds, whichever is the less, and the amount of the proceeds appropriated for the provision of prizes shall not exceed thirty-three and one-third per centum, or such less proportion as may be specified in the permit in that behalf, of the whole proceeds; (c) the whole proceeds of the art union after deducting sums lawfully appropriated on account of expenses and for the provision of prizes shall be applied for the purpose or purposes for which the art union was conducted as specified in the permit authorizing the art union; (d) the price of every ticket or chance in the art union shall be the same and the price of every ticket shall be stated on the ticket;

Art Union Regulation Act of 1964, No. 55 583 (e) every ticket in, and every notice or advertisement of, the art union shall specify the purpose or purposes for which the art union is conducted, the name and address of the permit holder, the date on which the drawing will take place and such other particulars as may be prescribed; (f) no person shall be admitted to participate in the art union in respect of a ticket or chance except after payment of the whole price of the ticket or chance, and no money received by the promoter for or on account of a ticket or chance shall in any circumstances be returned but all moneys received and for which no tickets in the art union are issued shall be applied in accordance with this Act; (g) no tickets in the art union shall be sent through the post except to persons who prior to such sending have paid for such tickets and requested them to be so sent or who are agents duly authorized for the sale of those tickets; (h) no ticket or chance in the art union shall be sold by a person under sixteen years of age save that subject to this Act a person of fifteen years of age with the consent of his parent or guardian may sell tickets in the art union; (i) each prize winner in the art union shall be ascertained by the mode of drawing as specified in the permit authorizing the art union; (j) no ticket or chance in the art union shall be sold or issued after the closing date; (k) the prize winner or winners in the art union shall be declared within the time fixed by or under this Act in that behalf. (2) Any amount payable by way of fees in respect of an art union permitted under or for the purposes of this Division shall be included in the sums which may be deducted from the proceeds of the art union under paragraph (c) of subsection (1) of this section before those proceeds are applied as therein mentioned, but no reference in any other provision of that subsection to expenses shall be construed as including a reference to that amount. (3) If any condition required to be observed in respect of an art union permitted under or for the purposes of this Division is contravened, the promoter of the art union and every person who is a party to the contravention shall be guilty of an offence against this Act: Provided that- (a) it shall be a defence for a person charged with any offence only by reason of his being the promoter to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it; (b) it shall be a defence for any person charged with an offence in respect of an appropriation or payment made in contravention of paragraph (b) or (c) of subsection (1) of this section to prove- (i) that the whole proceeds of the art union fell short of the sum reasonably estimated; and (ii) that the appropriation or payment was made in respect of expenses actually incurred, or in order to fulfil an unconditional undertaking as to prizes given in connection with the sale of the relevant tickets or chances; and

584 Art Union Regulation Act of 1964, No. 55 (iii) that the total amounts appropriated or paid in respect of expenses and prizes did not exceed the amounts which could lawfully be appropriated out of the proceeds of the art union under the said paragraph (b) if the said proceeds had amounted to the sum reasonably estimated, Division III-Permits to conduct a series of small Art Unions 16. (1) Application for permit . An application may be made under and in accordance with this Act by any person or on behalf of any association for the grant of a permit authorizing the conduct during the period the permit remains in force of a series of art unions, as described in subsection (3) of this section, for raising money for any of the following purposes:- (a) charitable, religious, or educational purposes; (b) participation in or support of any sport or game or pastime or cultural activity; (c) any purposes which in the discretion of the Minister are considered desirable but which are neither purposes of private gain nor purposes of any commercial undertaking. (2) Permitted art unions lawful . Upon the grant of any such application and permit thereon then, notwithstanding anything to the contrary contained in this Act or in any other Act for the time being in force relating to art unions, every art union, as described in subsection (3) of this section and promoted and conducted by or on behalf of the permit holder for the purpose of raising money for the purpose or purposes specified in the permit during the period the permit remains in force and on the days (if any) as indicated or stated in the permit, shall be lawful but the conditions, as provided by this Division and the regulations (if any) in this behalf and the conditions (if any) subject to which the permit is granted, shall be observed in connection with its promotion and conduct. (3) Only certain classes of art unions permitted . Art unions which may lawfully be promoted and conducted under the authority of a permit granted under or for the purposes of this Division shall be those art unions known as raffles and guessing competitions (and such other descriptions of art unions as may for the time being, be approved by the Minister for the purposes hereof), in each of which the whole proceeds do not exceed fifty pounds (or such less amount as may be specified in the permit) and a ticket or chance is sold and issued to each person admitted to participate therein, and no action (save in making a guess in a guessing competition) by or on behalf of each person participating therein is required for ascertaining the winner or winners of the prize or prizes, and each such winner is ascertained by reference to not more than three determining factors each of those factors being either the result of a draw or other determination or the outcome of one or more events : Provided that no drawing shall depend on any event or contingency being or relating to any horse race (including any race by galloping or trotting horses) or coursing. (4) A permit granted under or for the purposes of this Division shall authorize the conduct of a series of art unions as aforesaid on such days (if any) as indicated or stated in the permit during the period the permit is in force, whether the art unions are conducted simultaneously or successively on any such day.

Art Union Regulation Act of 1964, No. 55 585 (5) Savings . Nothing in this Division shall be construed as preventing an application being made for a permit, under or for the purposes of Division II of this Part, authorizing the conduct of a single art union wherein the whole proceeds are not to exceed fifty pounds nor preventing the grant of that permit, nor affecting any application made or permit granted under the said Division II when the whole proceeds do not exceed fifty pounds. 17. Conditions to be observed in connection with art unions permitted under this Division . (1) The following conditions shall be observed in connexion with the promotion and conduct of every art union permitted under or for the purposes of this Division:- (a) no remuneration shall be paid in respect of the art union to the promoter or to any other person whomsoever; (b) the whole proceeds of the art union shall not exceed fifty pounds (or such other sum as may be specified in the permit in that behalf); and if, on the day on which tickets or chances in the art union are on sale, tickets or chances are on sale in another art union or art unions permitted under the same permit, then the total value of the tickets or chances sold in the art union and those art unions taken together shall not exceed five hundred pounds (or such other sum as may be specified in the permit); (c) the tickets or chances in the art union shall be sold and issued and the drawing occur and the prize winner or winners shall be declared on the one and the same day; (d) the amount of the proceeds of the art union appropriated on account of expenses shall not exceed- (i) the expenses actually incurred; or (ii) ten per centum, or other proportion prescribed by the regulations in that behalf, of the whole proceeds, whichever is the less, and the amount of the proceeds appropriated for the provision of prizes shall not exceed one-half of the whole proceeds or other proportion prescribed by regulations in that behalf, whichever is the less; (e) no payment of expenses or prizes in relation to the art union shall be made out of the moneys held at any time by or on behalf of the purpose for which the moneys are to be or are raised other than the proceeds of the art union; (f) the price of every ticket or chance in the art union shall be the same and shall not exceed two shillings (or such other sum as may be specified in the permit in this behalf) and the price of every ticket shall be stated on the ticket; (g) the whole proceeds of the art union after deducting sums lawfully appropriated on account of expenses and for the provision of prizes shall be applied for the purpose or purposes for which the art union was conducted as specified in the permit authorizing the art union; (ii) no notice or advertisement of the art union shall be made, exhibited, published, or distributed except- (i) a notice or advertisement exhibited on or in the premises or at the place on or at which the art union is being conducted; and

586 Art Union Regulation Act of 1964, No. 55 (ii) such notice or advertisement as may be contained in the tickets, (if any); (i) every notice or advertisement of the art union exhibited, distributed , or published shall specify the purpose or purposes for which the art union is conducted , the name and address of the promoter , and the date on which the art union is conducted; (j) no ticket or chance shall be issued or allotted except by way of sale and upon receipt of the full price thereof; (k) save as prescribed , the restrictions as to prizes imposed by section fourteen of this Act shall apply to the art union; (1) no drawing or other determination of the prize winners in the art union shall be made by any machine or contrivance prohibited by the regulations in this behalf; (m) no ticket or chance in the art union shall be sold by a person under sixteen years of age save that subject to this Act a person of fifteen years of age with the consent of his parent or guardian may sell tickets in the art union; ( n) no tickets in the art union shall be sent through the post. (2) Any amount payable by way of fees in respect of an art union to which this section applies shall be included in the sums which may be deducted from the proceeds of the art union under paragraph (g) of subsection ( 1) before those proceeds are applied as therein mentioned, but no reference in any other provision of this section to expenses shall be construed as including a reference to that amount. (3) If any condition required to be observed in respect of an art union permitted under or for the purposes of this Division is contravened, the promoter of the art union and every person who is a party to the contravention shall be guilty of an offence against this Act: Provided that- (a) it shall be a defence for a person charged with any offence only by reason of his being the promoter to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it; (b) it shall be a defence for any person charged with an offence in respect of an appropriation or payment made in contravention of paragraph ( d), or paragraph ( e), or paragraph (g) of subsection (1) of this section to prove- (i) that the whole proceeds of the art union fell short of the sum reasonably estimated; and (ii) that the appropriation or payment was made in respect of expenses actually incurred , or in order to fulfil an unconditional undertaking as to prizes given in connection with the sale of the relevant tickets or chances; and (iii) that the total amounts appropriated or paid in respect of expenses and prizes did not exceed the amounts which could lawfully be appropriated out of the proceeds of the art union under the said paragraph ( d) if the said proceeds had amounted to the sum reasonably estimated.

Art Union Regulation Act of 1964, No. 55 587 Division II! Conduct of Art Unions by Approved Associations 18. Registration of approved associations . (1) Any association being established and conducted wholly or mainly for any of the following purposes, that is to say:- (a) charitable, religious, or educational purposes; (b) participation in or support of any sport or game or pastime or cultural activity; (c) any purposes which in the discretion of the Minister are considered desirable but which are neither purposes of private gain nor purposes of any commercial undertaking, may apply for registration as an " approved association " under and for the purposes of this Act. (2) Upon the grant of any such application, then subject to this Act and the conditions, if any, subject to which the application is granted and unless and until the registration is cancelled by or under this Act, the association shall be registered as, and shall for the purposes of this Act be deemed to be, an " approved association ". (3) (a) Notwithstanding anything to the contrary contained in this Act or in any other Act for the time being in force relating to art unions, an approved association may conduct, subject to this Act, simultaneously or successively, a series of art unions, as described in paragraph (b) of this subsection, and every such art union promoted and conducted for the purpose of raising money for any purposes of the approved association shall be lawful but the conditions, as provided by this Division and the regulations (if any) in this behalf, shall be observed in connection with its promotion and conduct. (b) Art unions which may lawfully be promoted and conducted under this section shall be those art unions known as raffles, guessing competitions, and doubles (and such other descriptions of art unions as may for the time being be approved by the Minister for the purposes hereof), in each of which the whole proceeds do not exceed twenty-five pounds and a ticket or chance is sold and issued to each person admitted to participate therein, no action (save in making a guess in a guessing competition) by or on behalf of each person participating therein is required for ascertaining the winner or winners of the prize or prizes, and each such winner is ascertained by reference to not more than three determining factors each of those factors being either the result of a draw or other determination or the outcome of one or more events: Provided that no drawing shall depend on any event or contingency being or relating to any horse race, including any race by galloping or trotting horses, or coursing. (c) Nothing in this subsection shall be construed as preventing any association from lawfully promoting and conducting any art union under and in accordance with the authority of a permit granted under some other provision of this Part, whether that association is an approved association or not. (4) (a) The following conditions shall be observed in connection with the promotion and conduct of every art union to which this section applies:- (i) the promoter of the art union shall be a member or members of the approved association authorized in writing by the governing body of the approved association to act as the promoter;

588 Art Union Regulation Act of 1964, No, 55 (ii) no remuneration shall be paid in respect of the art union to the promoter or to any other person whomsoever; (iii) the whole proceeds of the art union shall not exceed twenty- five pounds; and if, on the day on which tickets or chances in the art union are or. sale, tickets or chances are on sale in another art union or other art unions to which this section applies and promoted on behalf of the approved association, then the total value of the tickets or chances sold in the art union and those art unions taken together shall not exceed one hundred pounds; (iv) the ticketp or chances in the art union shall be sold and issued and the drawing occur and the prize winner or winners shall be declared on the one and the same day; (v) the tickets or chances in the art union shall not be sold or issued nor shall the drawing occur nor the prize winner or winners be declared except on premises on which a meeting or an entertainment held or conducted by or on behalf of the approved association or in which the approved association or some one or more members thereof are participating, is then in progress, or within one hour (or if some other period of time is prescribed then that period of time) before the commencement of that meeting or entertainment; and the art union and all other art unions conducted on those premises on the same day shall only be incidental to the meeting or entertainment; (vi) the amount of the proceeds of the art union appropriated on account of expenses shall not exceed- (A) the expenses actually incurred; or (B) ten per centum of the whole proceeds, whichever is the less, and the amount of the proceeds appropriated for the provision of prizes shall not exceed one-half of the whole proceeds or the proportion specified in the regulations in that behalf whichever is the less; (vii) no payment on account of expenses or prizes in relation to the art union shall be made out of the moneys of the approved association other than the proceeds of the art union; (viii) the price of every ticket or chance in the art union shall be the same and shall not exceed two shillings and the price of every ticket shall be stated on the ticket; (ix) the whole proceeds of the art union after deducting sums lawfully appropriated on account of expenses and for the provision of prizes shall be applied for the purpose or purposes of the approved association; (x) no notice or advertisement of the art union shall be made, exhibited, published, or distributed except- (A) a notice or advertisement made or exhibited on or in the premises on which the art union is being conducted; and (B) such notice or advertisement as may be contained in the tickets, if any; (xi) every notice or advertisement of, the art union exhibited, distributed, or published shall specify the name of the approved association;

Art Union Regulation Act of 1964, No. 55 589 (xii) no ticket or chance shall be issued or allotted except by way of sale and upon receipt of the full price thereof; (xiii ) no ticket or chance in the art union shall be sold by a person under sixteen years of age save that, subject to this Act, a person of fifteen years of age with the consent of his parent or guardian may sell tickets in the art union; (xiv) save as prescribed , the restrictions as to prizes imposed by section fourteen of this Act shall apply to the art union; (xv) no drawing or other determination of the prize winners in the art union shall be made by any machine or contrivance prohibited by the regulations in this behalf, (b) Any amount payable by way of fees in respect of an art union to which this section applies shall be included in the sums which may be deducted from the proceeds of the art union under subparagraph (ix) of paragraph (a) of this subsection before those proceeds are applied as therein mentioned , but no reference in any other provision of this section to expenses shall be construed as including a reference to that amount. (c) In subparagraph ( v) of paragraph ( a) of this subsection " an entertainment " includes any bazaar , sale of work , fete, concert, show, rodeo, dinner, dance, sporting event , game , pastime, and any other entertainment whether of a like character or not. (d) Without derogating from the power to make regulations prescribing further conditions, the Governor in Council may from time to time by Order in Council alter, by decrease, any amount or proportion prescribed by subparagraphs (iii), (vi), or (viii) of paragraph (a) of this subsection and thereupon every reference in this Act to all or any of the conditions provided by this subsection shall be read as a reference to the conditions as so amended. (5) If any condition required to be observed in respect of an art union to which this section applies is contravened, the promoter of the art union and every person who is a party to the contravention shall be guilty of an offence against this Act: Provided that- (a) it shall be a defence for a person charged with any offence only by reason of his being the promoter to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it; (b) it shall be a defence for any person charged with an offence in respect of an appropriation or payment made in contravention of subparagraph ( vi) or (vii) or ( ix) of paragraph (a) of the said subsection ( 4) to prove- (i) that the whole proceeds of the art union fell short of the sum reasonably estimated; and (ii) that the appropriation or payment was made in respect of expenses actually incurred , or in order to fulfil an unconditional undertaking as to prizes given in connection with the sale of the relevant tickets or chances; and (iii) that the total amounts appropriated or paid in respect of expenses and prizes did not exceed the amounts which could lawfully be appropriated out of the proceeds of the art union under the said subparagraph (vi) if the said proceeds had amounted to the sum reasonably estimated.

590 Art Union Regulation Act of 1964, No. 55 Division V -Miscellaneous Provisions relating to Art Unions 19. (1) Applications under this Part. Every application under or for the purposes of this Part shall be made in the prescribed manner and in the prescribed form (or in a form to the like effect) and containing such information as is specified or indicated therein, to the Under Secretary or, in an appropriate case, a clerk of the court: Provided that, without derogating from the Minister's power of delegation under Part II to any delegate of all or any of his powers, authorities, functions, and duties under this Act and subject as prescribed, every clerk of the court shall be deemed at all times to have delegated to him by the Minister the powers of the Minister to grant, refuse to grant, and to grant subject to conditions, permits under and for the purposes of Division Ii of this Part but only in cases where the w: ole proceeds of the art union in question do not exceed fifty pounds. (2) Documents required to accompany application where real property is a prize . (a) Every application for the grant of a permit authorizing the conduct of an art union wherein any estate in fee-simple in land and improvements (if any) thereon are to be disposed of as a prize shall be accompanied by- (i) a current valuation of the land and improvements (if any) thereon furnished under the hand of a valuer approved under and for the purposes of " The Succession and Probate Duties Acts, 1892 to 1963 "; (ii) a declaration by the registered proprietor or each of them if more than one, of the land declaring the extent and details of any mortgages, encumbrances, liens, charges or other estates or interests in the land; (iii) a certificate from the relevant Local Authority (including where applicable in that expression Brisbane City Council) certifying that all rates due and payable to the Local Authority are paid in respect of the land and that the land may be used for the purposes specified in the certificate; and (iv) a certificate from the Commissioner of Land Tax certifying that there is no land tax charged on the land in respect of land tax payable under " The Land Tax Acts, 1915 to 1963." (b) Upon consideration of an application referred to in paragraph (a) of this subsection, which is accompanied by the documents specified in the said paragraph (a), the Minister in his discretion may permit the disposal of the estate in fee-simple in the land the subject of the application and the improvements (if any) thereon and such permission may be included in the permit authorizing the art union in question. (c) Nothing in this subsection contained and no permit granted under and pursuant to this Act shall prejudice or otherwise affect the provisions of any Act or law in force in this State relating to the acquisition, holding, or disposal of real property. 20. Disposal of applications . (1) Upon consideration of an application under this Part, the Minister in his discretion may- (a) grant the application; or (b) grant the application subject to such conditions as he thinks fit; or (c) refuse the application without assigning any reason for his refusal.

Art-Union Regulation Act of 1964, No. 55 591 (2) Conditions, if any, imposed by the Minister in respect of the grant of an application and permit, if any, thereon shall not be inconsistent with those prescribed with respect thereto and every condition so imposed shall be set out in the permit or certificate or other notice of the grant in question. (3) Every permit granted under or for the purposes of Division III of this Part shall be granted for such period as the Minister in his discretion thinks fit but shall not be granted for a period longer than six months. Without limiting the power of the Minister to fix conditions to which such a permit shall be subjected, the Minister may specify that the permit shall be in operation and have effect on such days as he may cause to be indicated or stated in the permit during the period the permit is in force. 21. Gaming Acts not to apply. Where an art union is promoted or conducted under the authority of this Part or a permit granted under this Part, then notwithstanding any of the provisions of- (a) " The Vagrants, Gaming, and Other Offences Acts, 1931 to 1963 "; (b) " The Gaming Act of 1850 "; (c) " The Suppression of Gambling Acts, 1895 to 1956 "; (d) " The Criminal Code "; or (e) " The Racing and Betting Acts, 1954 to 1963 ", no person shall be held to have contravened those provisions by reason only of his promoting or conducting or being associated with the promotion or conduct of that art union or his being the purchaser of a ticket or chance in the art union, or of his carrying out any prescribed duties or functions under this Act or otherwise in relation to the promotion or conduct of the art union. 22. Cancellation of permit , &c. (1) The Minister may cancel any permit granted or registration made under this Part if at any time he is of the opinion- (a) that any condition (to be observed as provided by or under this Act in connection with the promotion or conduct of an art union permitted by this Part by reason of that permit or, as the case may be, registration) has been contravened; or (b) that the permit holder (where applicable) or promoter has been guilty of misconduct of such a nature that he should not be permitted to continue to act as such; or (c) that subsequently to and in connexion with the grant of the permit or making of the registration any failure has occurred in furnishing any information, particulars, any part of any record, or any return, or in paying any fees, as directed, demanded, or required to be furnished or paid by or under this Act; or (d) that for any other reason such permit or registration should be cancelled. (2) The Minister may, under this section cancel any such permit or registration without notice of intention so to do or he may by notice in writing, require the permit holder or approved association, as the case may be, to show, within the period stated in the notice, cause why the permit or registration should not be cancelled.

592 Art Union Regulation Act of 1964, No. 55 ( 3) Further accompanying documents and security may be prescribed. Without limiting the power to make regulations under section forty-one of this Act, the regulations may require that such documents, as may be prescribed (being in addition to the documents required by subsection (2) of section nineteen of this Act in relation to an art union where any estate in fee-simple in land and improvements (if any) thereon are to be disposed of as a prize or being in addition to any documents required by or under this Act in relation to any other class of art unions) shall accompany all or any applications under this Part and may provide for security and the form of security to be furnished and the persons by whom such security is to be furnished in relation to the art union or art unions conducted as a result of the grant of all or any such applications. (4) Upon receipt of any application under tha- Part, the Minister, Under Secretary, or clerk of the court may, if he thinks it necessary or desirable so to do, require the applicant to furnish him with such information, in addition to the particulars and information contained in the application and accompanying documents, if any, as he may require, and, without limiting his power to refuse the application, may refuse to grant the application unless the additional information is so furnished. (5) An applicant for a permit under this Part shall furnish the Minister or Under Secretary, or if the application is made to a clerk of the court, the clerk of the court with such evidence as may be prescribed or as the Minister, Under Secretary, or the clerk of the court may require that the proceeds of the art union after deduction of the appropriations and payments for lawful expenses and prizes will be applied exclusively for the purpose or purposes for which the money is to be raised by the art union and not for purposes of private gain or of any commercial undertaking. 23. Unclaimed prizes . (1) Where the person entitled to a prize in any art union fails to claim that prize within a period of three months after the date of the drawing of that art union , then subject to this Act the permit holder concerned forthwith after the expiration of that period, by notification in writing containing the prescribed particulars shall advise the Under Secretary of such failure, and the Minister may direct that the unclaimed prize shall be sold by public auction or disposed of in such other manner as he thinks fit. Where the unclaimed prize is directed to be sold the proceeds of the sale after deducting commission and other necessary expenses relating to the sale shall be paid to the Public Curator of Queensland. (2) Any money so paid to the Public Curator of Queensland shall be held by him in trust for the prize winner and such person shall be entitled to be paid such money, but if such money lies unclaimed for a period of six years then it shall be deemed to be unclaimed moneys under and within the meaning of " The Public Curator Acts, 1915 to 1957," and shall be dealt with accordingly. 24. Returns . Without limiting or otherwise affecting any other provisions of this Act relating to the furnishing of such matters and things as may be required hereunder, the Minister may at any time, by writing under his hand or the hand of the Under Secretary, require the permit holder, promoter, approved association , or other person or persons, as the Minister considers able to do so , to furnish to such person and at such place and within such time as may be set forth in that behalf, such returns, such audited statements of receipts and expenditure, all or any books, tickets, butts of tickets, documents, vouchers, or other

Art Union Regulation Act of 1964, No. 55 593 things, and such other information (if any) as the Minister may require, and if so required verified by statutory declaration (which is hereby authorized to be made), relating to any art union or art unions. Such a requirement may relate to one art union or more than one or be in relation to such matters and things as may be referred to according to permit, period of time, permit holder, or other description. 25. Audit . (1) Without limiting or otherwise affecting any other provisions of this Act relating to the examination and audit or examination or audit or inspection of the tickets, butts of tickets, books, vouchers, accounts, balance-sheets, and other records relating to an art union, the Minister may at any time within the period such records are required by this Act to be retained, by writing under his hand or the hand of the Under Secretary, require the tickets, butts of tickets, books, vouchers, accounts, balance-sheet, and other records relating to an art union or art unions to be examined and audited or examined or audited or inspected by such person as he may appoint for that purpose. Such a requirement may relate to one art union or more than one or be in relation to such matters and things as may be referred to according to permit, period of time, permit holder, or other description. (2) The person so appointed shall immediately upon the completion of his examination and audit or examination or audit or inspection forward his report thereon to the Minister. 26. Powers of Auditor , &c. The person so appointed shall have the powers and authorities conferred by this Act upon the Minister to compel the production to him of tickets, butts of tickets, books, vouchers, accounts, balance-sheets and other records relating to the art union or art unions in question and to compel the supply of information and other matters and things for the purpose of his examination and audit or examination or audit or inspection. 27. Construction of private gain . In construing this Part- (a) any purpose for which any association is established and conducted which is calculated to benefit the association as a whole shall not be held to be a purpose of private gain by reason only that action in its fulfilment would result in benefit to any person as an individual; (b) proceeds of any art union promoted and conducted on behalf of an association which is calculated to benefit the association as a whole shall not be held to be applied for purposes of private gain by reason only that their application for that purpose results in benefit to any person as an individual; (c) proceeds of any art union promoted and conducted for any charitable, religious, or educational purpose shall not be held to be applied for purposes of private gain or of any commercial undertaking. PART IV-COMMERCIAL AMUSEMENTS AND ENTERTAINMENT MACHINES Division 1-Commercial Amusements at Shows 28. Meaning of terms. (1) In this Part, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- "Amusement "-Includes any side-show, bowling alley, skittle alley, shooting gallery, merry-go-round, or whirligig, and every show, riding device, game, or other amusement of whatever

594 Art Unior Regulation Act of 1964, No. 55 description including, but without limiting the meaning of any of the aforementioned, every mechanical device, structure, or contrivance for public amusement or entertainment; " Commercial amusement "-Any amusement provided or conducted at any material time for purposes which are wholly or partly either purposes of private gain or purposes of any commercial undertaking: The term includes any amusement prescribed to be a commercial amusement for the purposes of this Part; " Show "-Any carnival, bazaar, fair, rodeo, agricultural, horticultural, or industrial show or exhibition, or other entertainment open to the public or to which the public is admitted whether upon or without payment of an admission fee and whether promoted and conducted for private gain or not: The term includes any entertainment prescribed to be a show for the purposes of this Part. (2) In construing and applying this Division, proceeds of any amusement provided or conducted, which are applied for any charitable, religious, or educational purpose or for the purposes of any association which is established and conducted either- (a) for such purposes as may be prescribed other than purposes of any commercial undertaking; or (b) wholly or mainly for the purpose of participating in or support of sports or games or pastimes which are not a commercial undertaking, and calculated to benefit the purpose or association as a whole shall not be held to be applied for purposes of private gain by reason only that their application for that purpose results in benefit to any person as an individual. 29. Prohibition of commercial amusements , &c. (1) Every person who provides or conducts or causes or permits to be provided or conducted or assists or takes part in providing or conducting at any show any commercial amusement which is not authorized by a permit granted under or for the purposes of this Division shall be guilty of an offence and liable to a fine not exceeding three hundred pounds or to imprisonment for a term not exceeding six months or to both. (2) If any condition required to be observed in respect of any commercial amusement the subject of a permit granted under or for the purposes of this Division is contravened, the permit holder and every person who is a party to the contravention shall be guilty of an offence against this Act: Provided that it shall be a defence for a person charged with any offence only by reason of his being the permit holder to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it. (3) Without either limiting the power to make regulations under section forty of this Act or limiting the power of the Minister to fix conditions to which the permit will be subjected, the regulations may provide conditions to be observed in providing or conducting any commercial amusement the subject of a permit granted under or for the purposes of this Division.

Art Union Regulation Act of 1964, No. 55 595 Division II-Entertainment Machines 30. Meaning of terms. In this Part unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:- " Building "-Includes the curtilage of the building; " Came "-Any game whether played for any winnings or not, or whether played by only one player without competition with others, or by more than one player in competition; " Entertainment machine "-A machine for playing any game in which no action is required by any player other than the actuation or manipulation of the machine: The term includes a machine by means of which any game is made playable by the insertion of a coin or coins into the machine. 31. Prohibition of entertainment machines . Every person who provides or conducts or causes or permits to be provided or conducted or assists or takes part in providing or conducting any entertainment machine which is not authorized by a Permit granted under or for the purposes of this Division or Division I of this Part, in, on, or at any premises shall be guilty of an offence and liable to a fine not exceeding three hundred pounds or to imprisonment for a term not exceeding six months or to both. 32. Prescribed conditions for conduct of permitted entertainment machines . (1) Without either limiting the power to make regulations under section forty-one of this Act or limiting the power of the Minister to fix conditions to which the permit will be subjected, every permit issued under or for the purposes of this Division shall be subject to the following conditions:- (a) no betting or wagering or gaming shall be conducted on or with respect to the entertainment machine or machines authorized by that permit; (b) every game played thereon shall be made playable by the insertion of a coin or coins into the entertainment machine by means of which it is played; (c) a player shall neither receive nor be offered any benefit. (2) If any condition required to be observed in respect of any entertainment machine the subject of a permit granted under or for the purposes of this Division is contravened, the permit holder and every person who is a party to the contravention shall be guilty of an offence against this Act: Provided that it shall be a defence for a person charged with any offence by reason only of his being the permit holder to prove that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent it. Division III-Miscellaneous provisions relating to Commercial Amusements and Entertainment Machines 33. Savings . (1) Nothing in this Part shall derogate from or otherwise affect the provisions of- (a) " The Vagrants, Gaming, and Other Offences Acts, 1931 to 1963 "; (b) " The Gaming Act of 1850 ";

596 Art Union Regulation Act of 1964, No. 55 (c) " The Suppression of Gambling Acts, 1895 to 1956 "; (d) " The Criminal Code "; or (e) " The Racing and Betting Acts, 1954 to 1963." (2) Nothing in this Part and no permit granted hereunder shall prejudice or otherwise affect any of the provisions of any other Act relating to the regulation or control of traffic or to public health or to the powers, functions, authorities, or duties of any Local Authority or Local Authorities or to the regulation or control of some other matter or thing, or the application of the provisions of any Act to and with respect to any show, commercial amusement, or entertainment machine, save that in respect of any matter or thing which is prohibited by this Part unless authorized by a permit granted under or for the purposes of this Part no license or permit shall be issued by any person pursuant to or under the authority of such other Act unless and until the permit granted under and for the purposes of this Part is produced to such person. 34. (1) Applications under this Part. Every application for a permit under or for the purposes of this Part shall be made in the prescribed manner and in the prescribed form (or in a form to the like effect) containing such information as is specified or indicated therein, to the Under Secretary. (2) Disposal of applications . The provisions of subsections (1) and (2) of section twenty of this Act shall extend to the disposal of applications for permits under or for the purposes of this Part. (3) Application of other provisions . Without limiting the power to make regulations under section forty-one of this Act the provisions of sections twenty-two and twenty-four of this Act shall, with all necessary adaptations, apply and extend to the cancellation of permits, the prescribing of documents to accompany applications, security in relation to the provision and conduct of the matters and things authorized by the grant of all or any applications, and the furnishing of information under and for the purposes of this Part. PART V-MISCELLANEOUS 35. Supervision and search warrants . (1) Any authorized officer appointed in that behalf by the Minister (who is hereby thereunto authorized) or any member of the Police Force is entitled- (a) to be and remain on any premises where an art union, or a commercial amusement or an entertainment machine, within the meaning of this Act, is being conducted or is situated and to make such inspection, examination and inquiry as he considers necessary or desirable relating or believed to relate to the art union, commercial amusement, or, as the case may be, entertainment machine or the conduct thereof and to exercise such other powers and to perform such duties as may be conferred or imposed on him by this Act; (b) to take with him any person he considers qualified to assist him in the in• pection, examination or inquiry or in the exercise of such powers or in the performance of such duties.

Art Union Regulation Act of 1964, No. 55 597 (2) If a justice of the peace is satisfied on information on oath that there is reasonable ground for suspecting that an offence under this Act is being, has been or is about to be committed on any premises, he may issue a warrant in writing authorizing any member of the Police Force to enter those premises, if necessary by force, at any time within fourteen days from the time of the issue of the warrant and search them; and any member of the Police Force who enters the premises under the authority of the warrant may- (a) seize and remove any document, money or valuable thing, instrument, machine or other thing whatsoever found on the premises which he has reasonable cause to believe may be required as evidence for the purposes of proceedings in respect of any such offence; and (b) arrest and search any person found on the premises whom he has reasonable cause to believe to be committing or to have committed any such offence. 36. Summary proceedings , &c. (1) Any person who contravenes any provision of this Act shall be guilty of an offence against this Act. (2) Except where otherwise provided all offences against this Act may be prosecuted in a summary way under " The Justices Acts, 1886 to 1964." (3) A prosecution for an offence against this Act (other than an offence which may be prosecuted on indictment) may be instituted at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period. (4) Without prejudice to any other right or remedy, all fees imposed by or pursuant to this Act may be recovered in a summary way by complaint under " The Justices Acts, 1886 to 1964," or as a debt by action in any court of competent jurisdiction. (5) The provisions of section seven of " The Criminal Code " shall apply and extend to an offence under this Act. 37. General penalty. (1) A person guilty of an offence against any provision of this Act shall be liable, if no specific penalty is provided for that offence, on summary conviction, in the case of a first offence, to a fine not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both, and in the case of a second or any subsequent offence of the same kind, to a penalty not exceeding five hundred pounds or to imprisonment for a tert not exceeding six months or to both. (2) Any penalty or punishment to which the person concerned may be liable upon his conviction shall be in addition to any forfeiture under this Act. 38. Liability for offences by associations . (1) Except where otherwise expressly provided in this Act, where an association offends against this Act each and every one of the following persons shall be deemed to have committed that offence and shall be liable to be proceeded against and punished accordingly:- (a) any and every member ot° the committee or other governing body by whatever name called of that association; (b) the secretary of that association; (c) in the case of a corporation, the managing director, manager, or other governing officer by whatever name called.

598 Art Union Regulation Act of 1964, No. 55 This subsection applies so as not to limit or affect howsoever the liability of a corporation to be proceeded against and punished for an offence against this Act committed by it. (2) No person who is proceeded against pursuant to this section shall be convicted if he satisfies the court that the offence was committed without his consent or connivance and that he exercised all due diligence to prevent it. 39. Evidentiary provisions . In any proceedings under or for a purpose of this Act- (a) it shall not be necessary to prove the appointment of the Under Secretary, any clerk of the court, any authorized officer, or of any member of the Police Force, or the right of any such person to do any act or take any proceeding; (b) a signature purporting to be that of the Minister or of the Under Secretary, any clerk of the court, any authorized officer, or any member of the Police Force shall be taken to be the signature it purports to be until the contrary is proved; (c) where it is material to show that any person was at any material time under a prescribed age, the opinion of the court upon its own view of such person or the opinion of a member of the Police Force who had seen such person that such person was at the material time under that prescribed age, shall be evidence of that fact, but nothing herein shall be construed to prevent the age of such person being proved; (d) a document purporting to be a duplicate original or copy of any determination, order, notice, demand. direction, or requirement made or given under this Act or of any certificate or permit granted or issued under this Act shall, upon its production in evidence, be evidence thereof and of the matters contained therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof and of such matters; (e) a document purporting to be signed by the Under Secretary and stating that at any specified time there was or was not in force a permit granted or issued under this Act as described therein issued in respect of the art union, commercial entertainment, or entertainment machine or to the person specified or referred to therein, or stating that in relation to any permit to promote, provide or conduct any art union, commercial entertainment or entertainment machine the permit was or was not issued subject to the conditions set forth therein or stating that at any specified time there was or was not in force any determination, approval, order, notice, demand, direction, or requirement as specified therein shall, upon its production in evidence be evidence of the matter or matters therein and in the absence of evidence in rebuttal thereof shall be conclusive evidence of such matter or matters.

Art Union Regulation Act of 1964, No. 55 599 (f) the allegation in a complaint that at any relevant time- (i) any particular amusement mentioned in the complaint was a commercial amusement within the meaning of Part IV of this Act; (ii) any machine mentioned in the complaint was an entertainment machine within the meaning of the said Part IV; (iii) a particular person was the secretary, a member of the committee or other governing body, or the managing director, manager, or other governing officer of an association mentioned in the complaint; (iv) a particular person was the promoter or permit holder in relation to an art union mentioned in the complaint; (v) a specified date was the date on which the commission of an offence against this Act came to the knowledge of the complainant, as the case may be, shall be deemed to be proved until the contrary is proved. 40. Limitation of actions . No matter or thing done by the Minister, or by the Under Secretary, or by any clerk of the court, member of the Police Force, authorized officer or any other person, in good faith and without negligence for the purpose of executing this Act or in the execution of his powers and duties under this Act, shall subject the Crown, or the Minister, or the Under Secretary, clerk of the court, member of the Police Force, authorized person, or other person as aforesaid to any liability in respect thereof. 41. Regulations . (1) The Governor in Council may from time to time make such regulations, not inconsistent with this Act, providing for all or any purposes, whether general or to meet particular cases, as in his opinion are convenient for the administration of this Act or as in his opinion are necessary or expedient for carrying out the objects and purposes of this Act. (2) The power to make with respect to any persons or any matters or things whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, description or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters or things. The power to make regulations with respect to any matter or thing shall include power to make regulations under this section prohibiting that matter or thing either generally or to meet particular cases. (3) Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following purposes, matters and things:- (i) prescribing forms under this Act and the respective purposes for which such forms or forms to the like effect shall be used; (ii) prescribing the persons by and to whom applications under this Act shall be made and to whom permits and other authorities under this Act shall be granted or issued;

600 Art Union Regulation Act of 1964, No. 55 (iii) prescribing fees payable under this Act and the matters in respect of which such fees shall be paid, the basis or bases on which such fees shall be payable and the times when payable, and prescribing the persons by whom and the places and times when and where and the persons to whom such fees shall be paid; and providing for the recovery of unpaid fees; (iv) prescribing the methods of giving, serving, making known, or publishing requirements, directions, determinations, approvals, orders, notices, and other acts of authority, whether by the Minister, the Under Secretary, any clerk of the court, authorized officer, member of the Police Force or other person as prescribed; (v) prescribing, regulating, and controlling permits and other authorities under this Act including provisions for and with respect to permits for all or any of the various classes of art unions as may be prescribed by the regulations; the conditions subject to which such permits and other authorities shall be granted, the duration thereof, and all or any matters and things relating to the surrender, transfer, and cancellation of such permits or other authorities; (vi) regulating and controlling the promotion and conduct of any art unions (including, but without limiting the generality of the aforegoing, prescribing the method of drawing of any art unions, regulating and controlling the closing dates and drawing dates of art unions, limiting the number of art unions which may be permitted and conducted by any one person or association or for any purposes or any prescribed purposes, according to any prescribed period or any prescribed locality or otherwise as prescribed, regulating and controlling tickets and advertisements (and providing for the form thereof and particulars thereon) in or relating to art unions, regulating and controlling ticket-sellers in any art unions including provision whereby purchasers of tickets or chances will have means of knowledge that the art union in question is not unlawful and providing for the satisfactory accounting of moneys received on the sale or issue of tickets or chances in art unions): regulating and controlling the provision and conduct of commercial amusements at shows, and the provision and conduct of entertainment machines permitted under this Act, and providing for conditions to be observed in connection with the promotion or provision or conduct of any art unions, commercial amusements and entertainment machines; (vii) providing for the security and the form of security to be given by specified persons; (viii) prescribing and requiring records to be kept, in relation to the promotion and conduct of art unions, commercial amusements, and entertainment machines, or any of these, including the form

Art Union Regulation Act of 1964, No. 55 601 and manner of and the information to be contained in these records, and the persons by whom they are to be kept providing for the retention of those records for a prescribed period , providing for the manner of disposal of those records, and providing for and requiring the production of all or any of those records and of entries therein as and when prescribed; (ix) providing for the inspection , the examination , and audit as prescribed by authorized officers and others of all or any such records; (x) providing for the advertisement of the winning number in art unions and the notification to the prize winner or prize winners of the result of drawings of art unions : regulating and controlling and making provision in relation to unclaimed prizes in any art union; (xi) providing for the furnishing of any returns, statements, and information by permit holders and other prescribed persons under and for the purposes of this Act , and the time or times and the mode of the furnishing thereof , and prescribing the contents of any such returns and statements; (xii) providing for the prevention of fraud or cheating in relation to the promotion and conduct of any art union ( including) but without limiting the generality of the aforegoing , the prevention of the obtaining of any unfair advantage by any purchasers of tickets or chances in any art union over other purchasers and in relation to the provision and conduct of commercial amusements and entertainment machines; (xiii ) prescribing , regulating , and controlling the amount of expenses (including salary, commission, wages and fees to promoters, agents , and ticket sellers ) allowable in connection with the promotion or conduct of any art union or commerciai amusement or entertainment machine and the amounts in respect of particular items of expenses , and providing for the terms of and forms of agreements with promoters in connection with the conduct of an art union; (xiv) prescribing , regulating , and controlling the powers and duties of the Under Secretary , any clerks of the courts , and any authorized officers, members of the Police Force under and for the purposes of this Act : Providing for the appointment of authorized officers including the prescribing of the method of appointment and by whom they may be appointed; (xv) providing for, and regulating , and controlling the seizure and the forfeiture and other disposal of money , documents, machines , and other things had in possession or used or

602 Art Union Regulation Act of 1964, No. 55 conducted in contravention of this Act , including the prescribing of the practice governing such forfeiture and other disposal; (xvi) prescribing the amount of any penalty or other punishment for any offence against any regulation , provided that any such penalty shall not exceed two hundred pounds and any such punishment by imprisonment shall not exceed a term of three months; (xvii ) defining any term or expression in and for the purposes of this Act; (xviii ) providing for the winding up of art unions which are not conducted to finality by reason of cancellation of permit or other reason whatsoever : providing for the refund or other disposal of moneys received in payment of tickets or chances in any art union but where the holder of the ticket or chance has not participated in the drawing of the art union; (xix) prescribing all matters or things which by this Act are required or permitted to be prescribed. 42. Control by Parliament of regulations , &c. (1) Every Proclamation, Order in Council and regulation made under this Act shall- (i) be published in the Gazette; (ii) upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii) take effect from the date of such publication unless, in the case of any regulation a later date is specified in that or any other regulation for its commencement when in such event it shall take effect from that later date; (iv) be laid before the Legislative Assembly within fourteen sitting days after such publication, if the Legislative Assembly is in session , and if not, then within fourteen sitting days after the commencement of the next session. (2) If the Legislative Assembly passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council or regulation has been laid before it disallowing the same or part thereof, that Proclamation, Order in Council, regulation or part thereof shall thereupon cease to have effect, but without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council or regulation. 43. Amendment of 59 V No. 9. (1) " The Suppression of Gambling Acts, 1895 to 1956," are amended by in section ten, omitting the second paragraph, being the paragraph commencing with the words " In this section " and inserting in its stead the following paragraph:- " In this section the term " unlawful lottery " means any lottery which is not declared by any Act to be lawful: The term includes any foreign art union within the meaning of " The Art Union Regulation Act of 1964." "

Art Union Regulation Act of 1964, No. 55 603 (2) " The Suppression of Gambling Acts, 1895 to 1956 " and this Act may be collectively cited as " The Suppression of Gambling Acts, 1895 to 1964." THE SCHEDULE Section 4 (1) Year and Number of Act Short Title Extent of Repeal 21 Geo V No. 11 22 Geo V No. 57 5 Geo VI No. 10 7 Geo VI No. 27 3 Eliz II No. 6 . . 3 Eliz II No. 54 " The Art Union Regula- tion Act of 1930" " The Vagrants , Gaming, and Other Offences Act of 1931 " " The Art Union Regula- tion Act Amendment Act of 1941" " The Art Union Regula- tion Act Amendment Act of 1943 " "The Art Union Regula- tion Act Amendment Act of 1954 " " The Racing and Betting Act of 1954 " The whole Section fifty-four The whole The whole The whole The following words ap- pearing in the Second Schedule- The Art Union Regula- tion Act of 1930 " as subsequently amended (2 Geo. V No. 11 as subsequently amended) In section two of that Act the definition of the term " Gaming Acts " is repealed and the following definition is inserted in lieu of that repealed definition:- " Gaming Acts "- "The Gaming Act of 1850," " The Suppres- sion of Gambling Acts, 1895 to 1948," " The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949," sec- tions two hundred and thirty-two to two hun- dred and thirty-five, both inclusive, of " The Criminal Code," and " The Racing and Betting Act of 1954 ";'`

604 Art Union Regulation Act of 1964, No. 55 THE SCHEDULE--continued Year and Number of Act Short Title Extent of Repeal 5 Eliz 11 No. 2 .. " The Art Union Regula- The whole tion Acts Amendment Act of 1956 "