Art Unions and Amusements Act 1976 (Qld)

C it itzltxtu^r 32 1 ANNO VICESIMO QUINTO ELIZABETHAE SECUNDAE REGINAE No. 37 of 1.976 An Act to provide for and regulate the conduct of art unions and the provision and conduct of commercial amusements, entertainment machines and billiard tables and for related purposes [ASSENTED TO 28TH APRIL, 1976] 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. Short title. This Act may be cited as the Art Unions and Amusements Act 1976. 2. Commencement of Act. This Act shall come into operation on a date to be appointed by Proclamation. 3. Arrangement of Act. This Act is arranged in Parts and Divisions and Schedules as follows:- PART I--PRELIMINARY (SS. 1-7); PART II-ART UNIONS (ss. 8-36); Division 1-Status in Law of Art Unions; Division 2-Major Art Unions; Division 3-Minor Art Unions Conducted by Approved Associations; Division 4-Art Unions Otherwise Authorized; Division 5-Conditions of Art Unions;

322 Art Unions and Amusements Act 1976, No. 37 PART III-COMMERCIAL AMUSEMENTS , ENTERTAINMENT MACHINES AND BILLIARD TABLES ( ss. 37-47); Division 1 - Status in Law of Amusements etc.; Division 2 - Permits for Amusements etc.; Division 3-Conditions of Amusements etc.; Division 4-Exemption of Billiard Tables; PART IV-OFFENCES AND PROCEEDINGS FOR OFFENCES ( ss. 48-65); Division I -Offences; Division 2-Proceedings for Offences; PART V-MISCELLANEOUS PROVISIONS ( ss. 66-91); Division 1-Cancellations and Suspensions; Division 2 - Power to Require Supporting Information; Division 3 - Recovery of Fees; Division 4 - Evidentiary and Indemnity Provisions; Division 5-Regulations; Division 6-General Provisions; FIRST SCHEDULE; SECOND SCHEDULE. 4. Repeals. The Acts referred to in the following Table are repealed to the extent indicated in that Table- Enactment Repealed Extent of Repeal The Art Union Regulation Act of 1964 (No. 55 of The whole 1964) The Liquor Acts Amendment Act of 1965 (No. 9 of s. 60 and Schedule I 1965) Art Union Regulation Act Amendment Act1973 The whole (No. 72 of 1973) Art UnionRegulationAct Amendment Act1974 i The whole (No. 26 of 1974) 5. Act additional to other Acts . (1) The provisions of this Act that impose liability for an offence are additional to and shall not affect the provisions of any other Act save that if a person is for the same act or omission punishable under this Act and under another Act he may be proceeded against under the former or the latter Act but so that he is not twice punished for the same offence. (2) Notwithstanding the repeal of The Art Union Regulation Act of 1964 the authority provided for by section 43 (2) of that Act is confirmed and continued. 6. Savings. (1) Without limiting the operation of the ActsInterpretation Act1954-1971- (a) every permit issued under the repealed Act shall be deemed to have been duly issued under this Act;

Art Unions and Amusements Act 1976, No. 37 323 (b) upon the commencement of this Act the registration under the repealed Act of an approved association shall cease and the certificate of registration issued under that Act to that association shall cease to be of further force or effect and shall be surrendered to the Under Secretary, but for the purpose of the conduct by such an association of art unions after the commencement of this Act- (i) such an association shall, for a period of three months after the commencement of this Act, be deemed to he ari approved association registered under this Act; and (ii) every art union conducted by such an association within that period of three months shall be conducted subject to and in accordance with this Act; (c) any matter or thing prescribed for the purposes of the repealed Act shall be deemed to have been duly prescribed for the purposes of this Act; (d) every delegation made for the purposes of the repealed Act shall be deemed to have been made for the purposes of this Act and shall continue until it is duly revoked or otherwise lapses; (e) every appointment made for the purposes of the repealed Act shall be deemed to have been duly made for the purposes of this Act. (2) In subsection ( 1) the expression " repealed Act " means the Art Union Regulation Act 1964-1974. 7. Interpretation . (1) In this Act, save where a contrary intention appears- advertisement " means any method of advertising an art union or conveying information in respect of it to the public, whether written, pictorial or otherwise and includes- (a) any circular, leaflet or other document; (b) a placard, poster or sign; and (c) a public announcement made by means of producing or transmitting light or sound; " amusement " means a side-show, bowling alley, skittle alley, shooting gallery, merry-go-round, whirligig, riding device or other device, structure, contrivance or game for public entertainment; " approved association " means an association registered under this Act; art union " means lottery; " association " means an association of persons whether corporate or unincorporate; " authorized officer " means a person appointed as prescribed by the regulations to be an authorized officer for the purposes of this Act; " billiard table " means a table of such design that it may be used for the playing of billiards, pool, snooker, bagatelle, mini-pool or a game of like nature but does not include a table on which games are played without the payment of money made by or on behalf of any person;

324 Art Unions and Amusements Act 1976, No. 37 "bingo" means any of the games called bingo, housie or housieehousie and includes any game of a similar kind, by whatever name called; " bingo session " means a period during which any number of games of bingo is played; " charitable purpose " means any of the following purposes:- (a) aiding persons in distress due to any cause and the dependants of such persons; (b) aiding any hospital or ambulance or nursing service established or proposed to be established in the State; (c) aiding former sailors, soldiers, airmen, nurses or other former members of Her. Majesty's armed forces, resident in the State; (d) aiding associations that conduct activities which are wholly or mainly concerned with the instruction, care or housing in the State of the blind, deaf, dumb or aged, persons in distress and their dependants, or children; (e) aiding associations that conduct activities which are wholly or mainly concerned with providing assistance in the State to dependants of deceased persons of a class referred to in paragraph (c); (f) aiding associations tha .iistribute in the State assistance for any of the aforesaid purpos,:^; (g) any other purpose which, in the Minister's opinion, is charitable; "clerk of the court" means a clerk of the court as defined in the Justices Act1886-1975; " closing date " means-- (a) in relation to a major art union, the date specified as the closing date in the permit issued under this Act in respect of the art union or, where the Under Secretary approves as prescribed a later date as the closing date for the art union, that date so approved; (b) in relation to a minor art union, the date specified in any ticket, notice or advertisement of the art union as the date on which the drawing of the art union is to take place; " commercial amusement " means an amusement provided or conducted wholly or partly, for private gain or f'or the purposes of a commercial undertaking; " community purpose " means a purpose, other than a charitable purpose, which- (a) is calculated to promote the general welfare of the public in the State (at large or in a particular locality) including the construction, carrying out, provision, maintenance or repair of buildings, works, parks, recreation grounds and other places, or of amenities therein, for use or enjoyment by the public; or (b) in the Ministers opinion, is a community purpose; conduct " in relation to an art union includes promote; " drawing " means the determination or event which; according to the terms of an art union, decides any result or any prize winner in the art union;

Art Unions and Amusements Act 1976, No. 37 325 " educational purpose " means any of the following purposes:- (a) aiding any school, college or other place of education in the State; (b) furthering the education of any individual; (c) aiding any school of arts, public library or educational institution established or proposed to be established in the State; (d) aiding public voluntary associations for the encouragement of the fine arts or other cultural activities in the State; (e) any other purpose which, in the Minister's opinion, is educational; " entertainment machine " means a machine for playing a game in which the only action required of a player is the actuation or manipulation of the machine and includes a machine by means of which a game is made playable by the insertion of a coin or coins into the machine; " game " means any game whether played for winnings or not and whether played by players in competition or by one player without competition; "gross proceeds" means the total value of tickets sold in an art union; " Local Authority " means a Local Authority or Joint Local Authority constituted under the Local Government Act 1936-1975 and includes- (a) any person who at the material time is to be deemed to be a Local Authority pursuant to that Act; (b) Brisbane City Council constituted under the City of BrisbaneAct1924-1974; (c) any person or persons to whom are delegated any of the powers, authorities, duties and discretions had by a Local Authority; " lottery " means a scheme or device for the sale, gift, disposal or distribution of real or personal property or any share or interest therein or of a right to any benefit or thing depending upon or to be determined, wholly or partly. by chance by means of tickets, envelopes, marbles, lots, tokens, cards, numbers or figures, or dice, machine, wheel, trained animal or otherwise and includes a guessing competition and a lottery within the meaning of any other Act; ` major art union ", means an art union the gross proceeds of which exceed $500; " minor art union " means an art union the gross proceeds of which do not exceed $500; Minister " means the Minister for Justice and Attorney-General or other Minister of the Crown who at the material time is charged with the administration of this Act and includes any person who at the material time is performing the duties of the Minister; " money " includes a bank draft, cheque and any other order, warrant, authority or request for the payment of money; " multiple drawing art union " means an art union in which prize winners are determined by means of at least one intermediate drawing and by means of a final drawing;

326 Art Unions and Amusements Act 1976, No. 37 " open order " means an order (whether written or oral) whereby a person is entitled to or may receive any property, service, consideration or advantage of any kind, or a combination of any of them, and which- (a) is not directed to a particular person; or (b) does not specify the property, service, consideration or advantage the person is entitled to or may receive; " patriotic purpose " means any of the following purposes, being a purpose pursued during the continuance of a war or defence service within the meaning of The Patriotic Funds Acts, 1942 to 1953, in which the armed forces of the Commonwealth are engaged:- (a) promoting, forming or managing an association whose objects include conferring in the State benefits on sailors, soldiers, airmen, nurses or other members of Her Majesty's armed forces or of the armed forces of any of Her Majesty's allies; (b)'supplying comforts or conveniences to- the members of such armed forces; (c) providing in the State functions to farewell or welcome the members of such armed forces; (d) any other purpose which, in the Minister's opinion, is patriotic; permit " means a permit issued under this Act and in force at the material time; permit holder " means the person or asscciation named in a permit as the person or association to whom the permit is issued; " premises " includes any land, building and the land in which it stands, vehicle, vessel or aircraft; " promoter " means the person who conducts an art union; " religious purpose " means a purpose which- (a) is calculated to aid a church or any congregation or association in a church established or proposed to be established in the State; or (b) in the Minister's opinion, is religious; " sporting purpose " means the purpose of aiding an association (other than a racing club or a coursing club within the meaning of the Racing and Betting Act 1954-1975) whose objects include the promotion, furtherance or control in the State of any recreational activity engaged in competitively; sweep " means a scheme or device in which the winners of prizes are determined by the result of a sporting event prescribed for the purposes of this Act by Order in Council; ticket " means a document or thing that evidences or is intended to evidence the claim of a person to participate in the chances of an art union and, in relation to an art union of the kind known as lucky envelopes or an art union of a similar kind, by whatever name called, includes an envelope or other container in which the ticket is contained; " Under Secretary " means the Under Secretary of the Department of Justice, and includes a person who, at the material time, is performing the duties of the Under Secretary;

Art Unions and Amusements Act 1976, No. 37 327 (2) For the purposes of this Act- (a) a reference in this Act to printing includes a reference to writing and to any other mode of representing or reproducing words in a visible form; (b) if an application made under this Act by a local branch or section of an association with the consent of the central body in the State of the association is granted the local branch or section shall be taken to be a separate and distinct association. (3) In construing this Act- (a) a purpose that is charitable, religious, educational or patriotic or a community purpose shall be taken not to be a purpose of private gain or of a commercial undertaking; (b) proceeds of an amusement which are applied for the purpose of an association of persons established and conducted- (i) for a purpose prescribed by the regulations other than a purpose of a commercial undertaking; or (ii) wholly or principally for the purpose of participating in or supporting sports, games or pastimes which are not, in any case, a commercial undertaking, and are so applied in a manner calculated to benefit the association as a whole shall not be taken to be applied to a purpose of private gain by reason only that their application in that manner results in a benefit to any person as an individual. PART II-ART UNIONS Di'vision 1-Status in Law of Art Unions 8. Art Unions unlawful unless authorized . (1) The conduct of an art union is unlawful unless- (a) if the art union is a major art union, it is conducted- (i) under the authority of a permit issued under Division 2 of this Part and in accordance with this Act and that permit; or (ii) under the authority of Division 4 of this Part and in accordance with this Act; (b) if the art union is a minor art union, it is conducted under the authority of Division 3 or 4 of this Part and in accordance with this Act; (c) if the art union is an art union for the promotion of trade, it is conducted under the authority of Division 4 of this Part and in accordance with this Act; or (d) the art union is conducted under the authority of and in accordance with any other Act. (2) If the conduct of an art union is lawful pursuant to this Act no person who conducts that art union or assists in conducting that art union shall be liable on that account under any other Act. 9. Classification for purposes of Act. For the purposes of this Act- (a) bingo or a sweep is an art union; (h) art unions may be either major art unions or minor art unions or art unions for the promotion of trade.

328" Art Unions and Amusements Act 1976, No. 37 10. Descriptions of major art unions. A major, art union shall be of one of the following descriptions and no other:- single art union; guessing competition; multiple drawing art union; bingo; sweep. 11. Descriptions of minor art unions . A minor art union shall be of one of the following descriptions and no other:- single art unign; guessing competition; multiple drawing art union; bingo; sweep; lucky envelopes; doubles. Division 2-Major Art Unions 12. Applications to conduct major art unions . (1) An application may be made to the Under Secretary for a permit that authorizes the conduct of a major art union for raising money for any of the following purposes:--- (a) charitable, religious, educational, patriotic, sporting or community purposes; or (b) any other purpose, being neither a purpose of private gain nor a purpose of a commercial undertaking, for the time being specified by Order in Council. (2) Every such application-- (a) shall be in the prescribed form; (b) shall be accompanied by the prescribed fee and by such. documents as are prescribed by the regulations in respect of an application of that type. 13. Disposal of applications . (1) Upon consideration of an application made under section 12 the Under Secretary may- (a) grant the application; (b) grant the application subject to such conditions, not inconsistent with conditions prescribed in respect of an art union of a description to which the application relates, as he thinks fit; or (c) refuse the application. (2) Where the application is for a permit to conduct bingo the grant: of the application may be made subject to a condition that the permit issued in relation to that application- (a) shall be in force for a period not exceeding the period prescribed for that purpose by this Act; or (b) shall be in force only on such days during the period for which it is 'Issued as are specified in the permit.

Art Unions and Amusements Act 1976, No. 37 329 14. Issue of permits. (1) Where an application made under section 12 is granted, whether subject to conditions imposed by the Under Secretary or not, a permit shall be issued in relation to that application and shall be in the prescribed form and in accordance with the grant of the application and with this Act. (2) A.permit issued in relation to an application made under section 12 for a permit to conduct bingo shall be in force for a period not exceeding six months from the date of its issue or for such other period as may be prescribed for the purpose by the regulations. 15. Action upon refusal of applications . Where an application made under section 12 is refused, notification of the refusal shall be given in writing to the applicant at his address shown in the application. 16. Ministerial review of applications . In the event of an application made under section 12 being granted subject to conditions imposed by the Under Secretary or being refused, the Minister may review the decision made with respect to the application, and the Minister's decision upon such review shall be deemed to have been the decision duly made under section 13 with respect to the application. 17. Restriction on permissible prizes. (1) It is a condition to be observed in the conduct of a major art union that no prize in the art union shall be- (a) an open order; (b) bonds, stock, debentures, shares in a body corporate or other securities; (c) a ticket or chance in an art union, whether conducted in the State or elsewhere, except a ticket in the Golden Casket conducted under the authority of the Vagrants, Gaming andOther Offences Act1931-1971 or a ticket or chance in an art union specified in the permit issued under this Division that relates to the major art union in question; (d) an interest in land or in improvements on land except an estate in fee simple; (e) spirituous or fermented liquors; or (f) tobacco in any form. (2) It is a condition to be observed in the conduct of a major art union that no.prize in the art union shall be money save- (a) where the art union is bingo or a sweep and money is authorized as a prize by the permit issued under this Division that relates to the art union; or (b) where the art union is a multiple drawing art union and money is authorized as a prize by such a permit upon an intermediate drawing only in the art union. 18. Payment of insurance moneys lawful . Where property to be disposed of as a prize in a major art union is insured against loss, "damage or injury and- the same is lost, damaged or injured before it is delivered to the winner of the prize, the payment to the prizewinner of money received by way of indemnity for such loss, damage or injury in lieu of delivery of the property in question shall not be a contravention of the condition prescribed by section 17 (2).

330 Art Unions and Amusements Act 1976, No. 37 19. Requirement of alternative prizes. The Under Secretary may require that alternative prizes be available in a major art union in any case where he considers it desirable so to do and may withhold his granting of the application made in respect of the art union under section 12 until his requirement is satisfied. Division 3-Minor Art Unions Conducted by Approved Associations 20. Conduct of minor art unions . A minor art union shall not be conducted except by an association registered under this Division as an approved association. 21. Registration of approved associations . (1) An association established and conducted wholly or principally for any of the following purposes- (a) charitable, religious, educational, patriotic, sporting or community purposes; (b) the purposes of any game or pastime; or (c) any other purpose, being neither a purpose of private gain nor a purpose of a commercial undertaking, which the Minister considers desirable, may apply to the Under Secretary for registration as an approved association for the purposes of this Act. (2) Every such application- (a) shall be in the prescribed form; (b) shall be accompanied by the prescribed fee and by such documents as are prescribed by the regulations. 22. Disposal of applications . (1) Upon consideration of an application made under section 21 the Under Secretary may- (a) grant the application; (b) grant the application subject to such conditions, not inconsistent with conditions (if any) prescribed in respect of approved associations, as he thinks fit; or (c) refuse the application. (2) If the Under Secretary grants an application made under section 21, with or without conditions, he shall- (a) cause the name of the applicant association to be entered in a register of approved associations kept by him together with particulars of conditions (if any) imposed by him in respect of the applicant association; and (b) cause a certificate to be issued in the prescribed form to the applicant association, which certificate shall include particulars of the conditions (if any) imposed by him in respect of the applicant association. (3) Upon the entry of an applicant association's name in the register and the issue of a certificate to the association the applicant association shall become and be an approved association for the purposes of this Act and shall so continue-- (a) subject to the due payment of the periodic prescribed fee; and (b) until its registration is duly cancelled by the Under Secretary.

Art Unions and Amusement s Act 1976, No. 37 331 23. Action upon refusal of applications . Where an application made under section 21 is refused, notification of the refusal shall be given in writing to the applicant association at its address shown in the application. 24. Ministerial review of applications . In the event of an application made under section 21 being granted subject to conditions imposed by the tinder Secretary or being refused, the Minister may review the decision made with respect to the application, and the Minister's decision upon such review shall be deemed to have been the decision duly made under section 22 with respect to the application. 25. Authority conferred by registration . It is lawful to conduct, in accordance with this Act, on behalf of an approved association minor art unions for raising money for any purpose of the association save an art union that is not in accordance with the conditions (if any) imposed under section 22 on the registration of the approved association. 26. Restriction on permissible prizes. It is a condition to be observed in the conduct of a minor art union that no prize in the art union shall be- (a) an open order; (b) bonds, stock, debentures, shares in a body corporate or other securities; (c) a ticket or chance in an art union, whether conducted in the State or elsewhere, except a ticket in the Golden Casket conducted under the authority of the Vagrants, Gaming andOther Offences Act1931-1971 or a ticket or chance in an art union in relation to which there is a permit issued under Division 2 of this Part; or (d) an interest in land or in improvements on land. Division 4-Art Unions Otherwise Authorized 27. Promotion of trade . It is lawful to conduct, in accordance with this Act, an art union- (a) for the purpose of promoting trade; or (b) in connexion with a competition for the purpose of promoting trade, notwithstanding that the art union is conducted otherwise than under the authority of a permit issued under Division 2. of this Part or under the authority of Division 3 of this Part. 28. Restriction on permissible prizes in trade promotion art unions. It is a condition to be observed in the conduct of an art union under the authority of section 27 that no prize in the art union shall be money or any thing that by reason of paragraph (a), (b), (c) or (d) of section 17 (1) is prohibited as a prize in a major art union. 29. Newspaper art unions . (1) It is lawful to conduct in a newspaper an art union for any of the following purposes:- (a) a charity registered under the Collections Act1966-1975; (b) aiding any church, educational institution ro public library; or

332 Art Unions and Amusements Act 1976, No. 37 (c). any charitable, religious or educational purpose specified by Order in Council, if the art union (whether it be a major art union or a° minor art union) is conducted under the authority of a permit issued in relation to the art union and in accordance with this Act and that permit. (2) The provisions of Division 2 of this Part other than of section 13 (2) or 14 (2) apply in respect of an application for such a permit and in respect of a permit issued thereon save that in so applying section 12 the references in provisions (a) and (b) of subsection (1) thereof shall be read as references to the purposes prescribed by subsection (1) of this section. 30. Provisions as to prizes in newspaper art unions . Sections 17, 18 and 19 apply in respect of every art union conducted in a newspaper as they apply to major art unions to which Division 2 of this Part applies. 31. Non-profit sweeps. (1) A non-profit sweep is a sweep in which- (a) the gross proceeds do not exceed $100; and (b) the whole of the gross proceeds are distributed to the prize-winners therein. (2) It is lawful to conduct, in accordance with this Act, an art union that is a non-profit sweep notwithstanding that the art union is conducted otherwise than under the authority of Division 3 of this Part. Division 5-Conditions of Art Unions 32. Conditions applicable to all art unions . (1) It is a condition to be observed in the conduct of every art union that- (a) the net proceeds of the art union shall be applied to the purpose for which the art union is authorized to he conducted; (b) the price of each ticket or chance in the art union shall be the same as the price of every other ticket or chance in that art union; (c) a ticket or chance in the art union (not being an art union for promotion of trade) shall not be issued or allotted except by way of sale and upon receipt of the full price thereof save that in the case of a multiple drawing art union a person shall be permitted to participate in a drawing therein if he has paid before the drawing an amount sufficient to entitle him, according to the terms of the art union, to participate in that drawing; (d) a ticket or chance in the art union shall be issued or allotted to each person admitted to participate therein; (e) a ticket in the art union shall not be sent through the post except- (i) to a person who prior to such sending has paid for the ticket and has requested that it be so sent; or (ii) to a person who at the time of such sending is an agent duly authorized to sell the ticket; (f) a ticket or chance in the art union shall not be sold except by a person who has attained the age of 15 years;

Art Unions and Amusements Act 1976, No. 37 333 (g) a ticket in an art union shall not be sold or issued and a chance therein shall not be allotted after the closing date of the art union; (h) money received by the promoter of the art union for or on account of a ticket or chance therein shall not be refunded but all such moneys received by the promoter and for which no ticket in the art union is duly issued shall be dealt with and applied as prescribed by this Act; (i) a ticket, notice or advertisement of the art union shall not contain words indicating that the art union is conducted or is to be drawn under the supervision of the Crown or of any department, officer or representative of the Crown; (j) a promoter of the art union or a member of his family, his employee, a member of a special committee formed in connexion with the art union or a member of his family shall not be entitled to-participate in or receive a prize in the art union; (k) subject to this Act, prize-winners in the art union shall receive the prizes that they have won respectively and no promise, representation or statement shall be made, no undertaking shall be given and no inducement shall be held out by the promoter or any other person associated with the conduct of the art union or by another on his behalf that the prizes or any of them will or may be exchanged for any other article of value or for money or other thing prohibited by this Act as a prize in the art union; (1) a prize in the art union shall not be used for any purpose whatever and shall be carefully preserved until it is delivered to the winner of that prize or at his direction save being dealt with as an unclaimed prize as prescribed by this Act; (m) the full amount of fees and other moneys payable to the Crown in respect of the art union shall be paid at the times and places prescribed. (2) In subsection (I) the expression " net proceeds of the art union means the amount of the proceeds after deducting from the gross proceeds of the art union all sums lawfully appropriated on account of expenses (including fees payable under this Act in respect of the art union) and for the provision of prizes. 33. Conditions applicable to particular art unions . The conditions specified under the several headings in the First Schedule are further conditions to be observed in the conduct of an art union of the description referred to in the heading preceding those conditions. 34. Amendment of Schedule by Order in Council. (1) The Governor in Council may by Order in Council amend the First Schedule by omitting from, adding to or substituting in the conditions therein specified such provisions as he thinks fit. (2) It is not competent to the Governor in Council to prescribe conditions to be observed in the conduct of an art union otherwise than is provided for by subsection (1).

334 Art Unions and Amusements Act 1976, No. 37 35. Tickets not to be sold on certain days. No ticket or chance in an art union shall be sold or issued on Christmas Day, Good Friday, Anzac Day before one o'clock after noon and, if'a permit is issued under this Act in respect of the art union, on any other day specified in that behalf in the permit. 36. Traffic Act to be complied with. No ticket or chance in an art union shall be sold or issued on a road within the meaning of the TrafficAct1949-1975 save in accordance with the permission in writing of the District Superintendent of Traffic or the Superintendent of Traffic first had and obtained. PART III-COMMERCIAL AMUSEMENTS, ENTERTAINMENT MACHINES AND BILLIARD TABLES Division 1-Status in Law of Amusements etc. 37. Amusements etc. unlawful unless authorized . The provision or conduct of any commercial amusement, entertainment machine or billiard table is unlawful unless- (a) it is provided and conducted under the authority of a permit issued under Division 2 of this Part and in accordance with this Act and that permit; (b) being a billiard table, it is provided and conducted under the authority of section 47; or (c) it is provided and conducted under the authority of and in accordance with any other Act. Division 2-Permits for Amusements etc. 38. Applications for permits . (1) An application may be made to the Under Secretary for a permit that authorizes the provision and conduct of any commercial amusement, entertainment machine or billiard table. (2) Every such application- (a) shall be in the prescribed form; (b) shall be accompanied by the prescribed fee and by such documents as are prescribed by the regulations in respect of an application of that type. 39. Disposal of applications . Upon consideration of an application made under section 38 the Under Secretary may- (a) grant the application; (b) grant the application subject to such conditions, not inconsistent with conditions prescribed in respect of the provision or conduct of the commercial amusement, entertainment machine or billiard table, as the case may be, to which the application relates as he thinks fit; or (c) refuse the application. 40. Issue of permits . Where an application made under section 38 is granted, whether subject to conditions imposed by the Under Secretary or not, a permit shall be issued in relation to that application and shall be in the prescribed form and in accordance with the grant of the application and with this Act.

Art Unions and Amusements Act 1976, No. 37 335 41. Action upon refusal of applications . Where an application made under section 38 is refused, notification of the refusal shall be given in writing to the applicant at his address shown in the application. 42. Ministerial review of applications . In the event of an application made under section 38 being granted subject to conditions imposed by the Under Secretary or being refused, the Minister may review the decision made with respect to the application, and the Minister's decision upon such review shall be deemed to have been the decision duly made under section 39 with respect to the application. 43. Permit not to affect other Acts. A permit issued under this Division shall not affect the operation of any other Act that provides for the control or regulation of traffic, public health or the powers, functions or duties of Local Authorities or any other matter in connexion with commercial amusements, entertainment machines or billiard tables save that no licence or permit shall be issued by any person under such other Act in respect of any commercial amusement, entertainment machine or billiard table unless there is first produced to that person a permit issued under this Division that authorizes the provision and conduct of the same. Division 3--Conditions of Amusements etc. 44. Conditions applicable to amusements etc. The conditions specified under the several headings in the Second Schedule are the conditions to be observed in the provision and conduct of commercial amusements, entertainment machines and billiard tables, as the case may be, referred to in the heading preceding those conditions. 45. Amendment of Schedule by Order in Council. (1) The Governor in Council may by Order in Council amend the Second Schedule by omitting from, adding to or substituting in the conditions therein specified such provisions as he thinks fit. (2) It is not competent to the Governor in Council to prescribe conditions to be observed in the provision and conduct of commercial amusements, entertainment machines or billiard tables otherwise than is provided for by subsection (1). Division 4-Exemption of Billiard Tables 46. Minister ' s power to exempt. (1) If the Minister is satisfied that- (a) a billiard table is owned by a club or association of persons, which in his opinion is bona fide; and (b) the billiard table is or is to be provided and conducted by the club or association in premises owned by or let to the club or association; and (c) the billiard table is or is to be used by members of the club or association and by guests' of such members only, he may, upon an application made to him on behalf of the club or association, exempt the billiard table from the application of this Part.

336 Art Unions and Amusements Act 1976. No. 37 (2) For the purposes of subsection (1) a club or association shall not be treated by the Minister as bona fide if he suspects that it was formed as a means to avoid the application of this Part. (3) The Minister may at any time, by writing addressed to the club or association to which an exemption is granted, revoke the exemption. 47. Authority to conduct exempted billiard table . For as long as an exemption granted under section 46 subsists it is lawful for the club or association of persons to which the exemption is granted to provide and conduct the billiard table to which the exemption relates. PART IV-OFFENCES AND PROCEEDINGS FOR OFFENCES Division 1-Offences 48. Offence to conduct unlawful art union . (1) A person shall not conduct an art union unless the conduct of that art union is lawful. Penalty:- (a) for a first offence, $600 or imprisonment for three months or both; (b) for a subsequent offence, 51 200 or imprisonment for six months or both. (2) Without limiting the circumstances in which a person may be said to conduct an art union, a person shall, for the purposes of subsection (1), be taken to conduct an art union if- (a) he prints or causes to be printed a ticket or other writing for use in the art union; (b) he sells or distributes or causes to be sold or distributed, offers or advertises for sale or distribution or causes to be offered or advertised for sale or distribution or has in his possession for sale or distribution tickets or chances in the art union; (c) he accepts money in respect of the sale or distribution of tickets or chances in the art union; (d) he prints, publishes or distributes or causes to be printed, published or distributed, or has in his possession for publication or distribution- (i) an advertisement of the art union; (ii) a list, whether complete or not, of prize winners or winning tickets in the art union; (iii) any matter descriptive of the drawing or intended drawing of the art union or otherwise relating to the art union being such as is likely to act as an inducement to participate in that or any other art union; (e) he uses premises or causes or permits premises of which he is the occupier to be used in connexion with the conduct of the art union; (f) he invites a person to participate in the art union or sends to a person for distribution an advertisement concerning the art union, or sends to a person a ticket in the art union for sale or distribution;

Art Unions and Amusements Act 1976, No. 37 337 (g) he sells or offers for sale a ticket of admission to any meeting or entertainment , which entitles or allows a person to participate in the art union; or (h) he procures or attempts to procure a person to do any of the aforesaid acts. 49. Fraud in relation to art unions . A person shall not, with intent to defraud- (a) make or be privy to making a false entry in a book, document, financial account, statement, voucher, sheet or other record or in a prescribed return relating to an art union; (h) omit or be privy to omitting a material particular from any such book, document, account, statement, voucher, sheet, record or return: (c) destroy, alter, mutilate or falsify any such book, document. account, statement, voucher, sheet, record or return or an entry therein or be privy to such an act; (d) conduct or be 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 every prize. Penalty:-- (a) on summary conviction, Si 500 or imprisonment for six months or both; (b) on conviction on indictment, S3 000 or imprisonment for three years or both. 50. Stealing art union prizes and proceeds . (1) A person shall not fraudulently take or fraudulently convert to his own use or to the use of another person any of the prizes in an art union or a part of a prize in an art union or any of the proceeds of an art union.- Penalty:- (a) on summary conviction, SI 500 or imprisonment for six months or both; (b) on conviction on indictment, S3 000 or imprisonment for three years or both. (2) Subsection (1) applies in relation to a fraudulent taking or conversion of a prize or a part of a prize in an art union only if the taking or conversion occurs before the prize is delivered to or on account of the winner of the prize. 51. Failure to keep records or returns or to answer questions. A person who- (a) being required by this Act to keep a record in connexion with an art union- (i) fails to keep a complete, proper and accurate record as prescribed; or (ii) fails to retain the record as prescribed or to furnish it to another person as prescribed; (b) having in his possession a record required by this Act to be kept or part of such a record, upon demand duly made on him under this Act- (i) fails to disclose the record or such part; or

338 Art Unions and Amusements Act 1976, No. 37 (ii) fails to produce the record or such part as required by the demand for inspection, examination, audit or otherwise as so required or to allow the same to be inspected, examined, audited or otherwise dealt with as so required by an authorized officer or other person duly authorized in that behalf by or under this Act; (c) being required by this Act to make a return in connexion with an art union- (i) tails to make a true and accurate return; or (ii) fails to make the return within the time, to the person and at the place as so required; (d) being a person who is conducting or is associated in any way with an art union- (i) fails to answer any question asked of him by an authorized officer; (ii) fails to supply any information required of him by an authorized officer; or (iii) makes answer to such a question or supplies such information that is not true and complete to the best of his knowledge, information and belief; (e) being a person to whom a requisition is directed under section 71 or under that section as extended by section 73, fails to comply with the requisition, commits an offence against this Act. 52. Offences in relation to foreign art unions . (1) A person shall not- (a) sell or distribute or cause to be sold or distributed a ticket or chance in a foreign art union; (b) offer or advertise for sale or distribution or cause to be so offered or advertised a ticket or chance in a foreign art union; (c) have in his possession for sale or distribution a ticket or chance in a foreign art union; (d) accept money in respect of the sale or distribution of a ticket or chance in a foreign art union; or (e) print or publish an advertisement of a foreign art union. Penalty: $600 or imprisonment for three months or both. (2) In subsection (1) the expression " foreign art union " means an art union conducted or to be conducted in any place outside the State whether or not its conduct in that place is lawful. 53. Offences concerning commercial amusements etc. (1) A person shall not provide or conduct any commercial amusement, entertainment machine or billiard table unless the provision or conduct of the same is lawful. Penalty:- (a) for a first offence, $600 or imprisonment for three months or both; (b) for a subsequent offence, $1 200 or imprisonment for six months or both.

Art Unions and Amusements Act 1976, No. 37 339 (2) A person who provides or conducts any commercial amusement, entertainment machine or billiard table and who- (a) fails to answer any question asked of him by an authorized officer; (b) fails to supply any information required of him by an authorized officer; or (c) makes answer to such a question or supplies such information that is not true and complete to the best of his knowledge, information and belief, commits an offence against this Act. 54. Breach of Act or of conditions . (1) If in the conduct of an art union there occurs a contravention of or failure to comply with a provision of this Act or a condition to be observed in respect of the art union (whether specified in the First Schedule or imposed on a permit issued under Division 2 of Part II that authorizes the conduct of the art union) then- (a) where the art union is a major art union, the permit holder concerned, the promoter and every person who is party to the contravention or failure commits an offence against this Act; (b) where the art union is a minor art union, the approved association concerned, the promoter and every person who is party to the contravention or failure commits an offence against this Act. (2) If in the provision or conduct of any commercial amusement, entertainment machine or billiard table there occurs a contravention of or failure to comply with a provision of this Act or a condition to be observed in respect of the amusement, machine or table (whether specified in the Second Schedule or imposed on a permit issued under Division 2 of Part III that authorizes the provision or conduct of the same ) then the permit holder concerned and every person who is party to the contravention or failure commits an offence against this Act. 55. Resisting authorized officers etc . A person who- (a) fails to admit an authorized officer or member of the Police Force to premises that, by this Act, he is entitled to enter and seeks to enter; or (b) assaults, resists or obstructs an authorized officer or member of the Police Force in the exercise of his powers or the performance of his duties under this Act, commits an offence against this Act. 56. General offence provision . (1) A person who contravenes or fails to comply with a provision of this Act commits an offence against this Act. (2) A person who commits an offence against this Act is liable, if a specific penalty is not otherwise prescribed for that offence- (a) for a first offence, to a fine of $500 or imprisonment for three months or both; (b) for a subsequent offence, to a fine of 51 000 or imprisonment for six months or both.

340 Art Unions and Amusements Act 1976, No. 37 Division 2-Proceedings for Offences 37. Proceedings for offences under ss. 49 and 50 . (1) Proceedings before justices in relation to a charge of an offence defined in section 49 or 50 shall be taken with a view to the committal of the defendant for trial or sentence or with a view to summary conviction of the defendant at the election of the prosecutor. (2) Where proceedings are taken with a view to summary conviction of the defendant and the magistrates court forms the opinion that the matter should not be determined summarily, the justices comprising the court shall abstain from determining the matter summarily and instead shall treat the proceedings as proceedings taken with a view to the committal of the defendant for trial or sentence, as the case may be. and may exercise in respect of the defendant for the purpose of such proceedings all the powers conferred on them by law as if the proceedings were proceedings with a view to committal in the first instance. (3) Where justices abstain from determining a matter summarily pursuant to subsection (2) the plea of the defendant taken in the summary proceedings shall be disregarded and, before committing the defendant for trial or sentence, as the case may be, the justices shall address the defendant in accordance with the provisions of section 104 of the Justices Act1886-1975. 58. Institution of summary proceedings . (1) Save where it is intended to proceed against an offender by way of indictment, proceedings in respect of offences against this Act shall be by way of summary proceeding under the Justices Act1886-1975. (2) Summary proceedings in respect of an offence against this Act shall be instituted within one year after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever period is the later to expire. 59. Liability for offences by associations and corporations . (1) Where an offence against this Act is committed and an association of persons is by this Act liable therefor each of the following persons shall be deemed to have committed the offence and may be proceeded against and punished in respect of the offence:- (a) each member of the committee or other governing body (by whatever name called) of the association; (b) the secretary of the association. (2) Where an offence against this Act is committed by a body corporate each of the following persons shall be deemed to have committed the offence and may be proceeded against and punished in respect of the offence:- (a) the body corporate; (b) the managing director, manager or other governing officer by whatever name called. V 60. Defence available to promoters etc. I f a person is charged with an offence against this Act by reason only that- . (a) he is a promoter of an art union or a permit holder of any kind; or

Art Unions and Amusements Act 1976, No. 37 341 (b) he is a person referred to in section 59 (1) or in provision (b) of section 59 (2), it shall be a defence to show that the contravention or failure to comply in question occurred without his consent or connivance and that he exercised all due diligence to prevent it. 61. Defence relating to appropriating expenses . If a person is charged with an offence against this Act that consists in an appropriation or payment made in contravention of- provision (a) of section 32 (1); clause 2 of the conditions for major art unions other than bingo specified in the First Schedule; clause 3 of the conditions for minor art unions other than bingo specified in the First Schedule; clause 3 of the conditions for art unions conducted in newspapers specified in the First Schedule, it shall be a defence to show that- (a) the gross proceeds of the art union fell short of the amount reasonably estimated; and (b) 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 connexion with the sale of the relevant tickets or chances in the art union; and (c) the total amounts appropriated or paid in respect of expenses and prizes did not exceed the amounts that could lawfully be appropriated out of the proceeds of the art union if the gross proceeds had amounted to the amount thereof reasonably estimated. 62. Powers of authorized officers etc . (1) An authorized officer or. a member of the Police Force, without other authority than this section , is entitled.- (a) to enter and remain on premises in which he knows or suspects an art union is being conducted or any commercial amusement, entertainment machine or billiard table is to be found; (b) to make in premises which he is entitled to enter, in relation to any art union, commercial amusement, entertainment machine or billiard table and the conduct of the same such inquiry, examination and inspection as he thinks necessary or desirable to establish whether this Act and the conditions to be observed in respect of the same are complied with; (c) to seize and remove any document, money or item of value, any commercial amusement, entertainment machine or billiard table and the contents thereof, or other thing which, in any case , he has reason to believe, may be required as evidence in proceedings for an offence; (d) to seize and remove any commercial amusement, entertainment machine or billiard table provided or conducted in any premises, and the contents of the same, unless it is shown to his satisfaction that- (i) there subsists in relation to the same a permit issued under Division 2 of Part III; or (ii) the same is a billiard table duly exempted by the Minister from the application of Part III;

342 Art Unions and Amusements Act 1976, No. 37 (e) to take with him into premises that he is entitled to enter such person or persons as he considers competent to assist him in the exercise of a power or the performance of a duty therein. (2) The power of entry conferred by subsection (1) does not include power to enter a building used solely as a private residence or to enter any part that is so used of a building save under the authority of a warrant. 63. Warrant to enter premises . A justice of the peace who is satisfied upon a complaint on oath that there is reasonable ground for suspecting that an offence against this Act is being, has been or is about to be committed on any premises may issue his warrant authorizing an authorized officer or member of the Police Force to enter the premises specified in the warrant. A warrant shall be, for a period of 14 days, from the date of its issue , sufficient authority- (a) for an authorized officer or member of the Police Force- (i) to enter the premises specified in the warrant; and (ii) to exercise therein or in relation thereto the powers conferred by section 62, and for those purposes to use such force as is reasonable; and (b) for, a member of the Police Force to arrest and search any person found on the premises whom he has reasonable cause to believe to be committing, to have committed or to be about to commit an offence against this Act. 64. Forfeiture of things seized. (1) In proceedings before a court in respect of an offence against this Act, the court may- (a) upon convicting the defendant, order to be forfeited to the Crown any thing seized under paragraph (c) of section 62 (1) that relates to or is connected with the commission of the offence of which the defendant is convicted; (b) if the defendant is not convicted, order to be forfeited to the Crown any thing seized under -paragraph (c) of section 62 (1) that was found in the possession or under the control of the defendant, or, in either case, may make such other order as the court thinks fit with respect to that thing. (2) Moneys forfeited to the Crown shall be paid to the credit of the Consolidated Revenue Fund. Every other thing forfeited to the Crown shall be destroyed, retained or dealt with as the Minister directs. (3) An order made by a court pursuant to subsection (1) that any thing seized be delivered to the person who appears to the court to be owner thereof shall not bar the right of any person to recover the thing by action against the person to whom it is delivered pursuant to the order if such action is brought within six months after such delivery is made. (4) No person shall have a claim for compensation on account of any forfeiture, destruction or retention of or dealing with any thing seized.

Art Unions and Amusements Act 1976, No. 37 343 65. Confiscation without court order . (1) Where any commercial amusement , entertainment machine or billiard table is seized under paragraph (d) of section 62 (1) the Minister may, by writing under nis hand, confiscate the same and the contents thereof to the Crown. (2) Moneys confiscated to the Crown shall be paid to the credit of the Consolidated Revenue Fund. Every other thing confiscated to the Crown shall be destroyed, retained or dealt with as the Minister directs. (3) Any commercial amusement , entertainment machine or billiard table and the contents thereof that is seized under paragraph (d) of section 62 (1) and is not confiscated to the Crown shall be destroyed, retained or dealt with as the Minister directs. PART V-MISCELLANEOUS PROVISIONS Division 1-Cancellations and Suspensions 66. Cancellation and suspension of permits and registrations. (1) If it appears to the Under Secretary- (a) that a condition to be observed in respect of the conduct of an art union or the provision or conduct of any commercial amusement , entertainment machine or billiard table (whether the condition is prescribed by this Act or imposed under this Act) has been contravened or not complied with; (b) that in relation to a major art union the permit holder or promoter and in relation to a minor art union a person duly acting on behalf of the approved association or the promoter has been guilty of misconduct of such a nature that, in the former case , the permit holder or promoter should not be permitted to continue as such and, in the latter case, the association should not be permitted to continue to be an approved association or the promoter should not be permitted to continue as such; (c) that in relation to the provision or conduct of any commercial amusement , entertainment machine or billiard table the permit holder or a person who is conducting the same has been guilty of misconduct of such a nature that he should not be permitted to continue as such; (d) that subsequently to the issue of a permit or the making of a registration under this Act there has occurred in connexion with that permit or registration a failure to furnish any return, record, information or particular or to pay a fee prescribed by or required under this Act; or (e) that for any other reason a permit or registration under this Act should be cancelled or suspended, he may cancel or suspend for a period, as he thinks fit, the permit or registration. (2) Save as is prescribed by subsection (3), the Under Secretary shall exercise a power conferred on him by subsection (1) by calling upon the permit holder or, in the case of an approved association, that association, in writing, to show cause to him within the time and in the manner specified by him why the permit or registration should not be cancelled or suspended for a period.

344 Art Unions and Amusements Act 1976, No. 37 if within the time specified by the Under Secretary or within such extended time as he allows in a particular case sufficient cause is not shown to him in the manner required by him why the permit or registration should not he cancelled or suspended for a period he may proceed to exercise the power conferred on him by subsection (1) and shall notify the permit holder or, as the case may be, the association, in writing, when he has done so. (3) If it appears to the Under Secretary that the safety or protection of the public would be prejudiced in a particular case by the delay involved in the show-cause procedure required by subsection (2) he may cancel or suspend for a period as he thinks fit the permit or registration in question without complying with that subsection save that he shall notify the permit holder or, as the case may be, the association, in writing, of his exercise of the power. (4) The Under Secretary may at any time, upon the request of a permit holder or the. committee or other governing body of an approved association, cancel the permit or the registration under this Act of the association. 67. Minister may review cancellation or suspension . Where a permit or registration under this Act is cancelled or suspended for a period the Minister may review the decision made with respect thereto and the Minister may thereupon- (a) confirm the cancellation or suspension; (b) revoke the caneellation or suspension; or (c) vary the period of suspension. 68. Surrender of permit or certificate . (I) Where a permit or registration under this Act is cancelled or suspended for a period the permit holder or the person who has custody of the certificate of registration shall surrender to the Under Secretary the permit or certificate within seven days of his being informed of the cancellation or suspension. This subsectfon applies whether or not an application has been made to the Minister to review the cancellation or suspension. (2) A permit or certificate surrendered to the Under Secretary- (a) in the case of a cancellation, shall be dealt with as the Under Secretary directs; (b) in the case of a suspension, shall be held by the Under Secretary until the expiration of the period of suspension. Division 2-Poster to Require Supporting Information 69. Information in support of applications . (I) With respect to an application made under this Act the Minister, the Under Secretary, a clerk of the court and any other person prescribed in that behalf by the regulations may require the applicant to furnish him with such information as he thinks necessary or desirable to enable the application to be properly disposed of in addition to the particulars and information required by the application and any documents accompanying the application. (2) If any information sought by a person pursuant to subsection (1) is not furnished to his satisfaction the application may be refused.

Art Unions and Amusements Act 1976, No. 37 345 70. Evidence as to proposed application of proceeds . An applicant for a permit in relation to the conduct of a major art union shall furnish the Under Secretary with such evidence as is prescribed or as is required by the Under Secretary that the proceeds of the art union, after deduction of appropriations and payments for lawful" expenses and prizes, will be applied solely to the purpose or purposes for which the art union is to be conducted and will not be applied to a purpose of private gain or of a commercial undertaking. 71. Returns required by Minister or Under Secretary . (1) The Minister and the Under. Secretary, in each case by writing under his hand, may require the permit holder, the promoter, an approved association or other person as the Minister considers appropriate, to furnish to such person at such place and within such time as is specified in the writing such returns, audited statements of receipts and expenditure, books, documents, vouchers, tickets, ticket-butts, information and other things as the Minister requires relating to an art union. (2) If the Minister or Under Secretary so requires, the truth and correctness of any matter furnished pursuant to a requisition made under subsection (1) shall be verified by statutory declaration of the person who furnishes it, the making of such declaration being hereby authorized. 72. Audits required by Minister or Under Secretary . (1) The Minister and the Under Secretary, in each case by writing under his hand, may at any time before the records hereinafter in this subsection mentioned are destroyed pursuant to a direction or permission duly given under this Act require tickets, ticket-butts, books, documents, vouchers, accounts, balance -sheets and other records relating to an art union to be examined and audited by a person appointed by him for the purpose. (2) The person appointed under subsection (l) shall forthwith upon the completion of the examination or audit made by him report thereon to the Minister or as the case may be the Under Secretary by whom he was appointed. 73. Powers of auditor appointed . A person appointed under section 72 shall have for the purpose of the examination or audit to be made by him the powers conferred by section 71 as if he were referred to therein in lieu of the Minister. 74. Scope of requisition under ss. 71 and 73 . A requisition made under section 71 or under that section as expanded by section 73 may relate to one art union or to more than one art union and may be in respect of matters and things therein indicated by reference to one or more permits, a period of time, a permit holder or other reference as may be relevant. Division 3-Recovery of Fees 75. Recovery of fees generally . In addition to any other mode of recovery of fees imposed by or under this Act all such fees may be recovered- (a) in a summary way by complaint under the JusticesAct1886-1975; (b) as a debt due to the Crown by action in any court of competent jurisdiction. 12

346 Art Unions and Amusements Act 1976, No. 37 76. Fees required for certain unlawful activities. (1) In this section the expression " ° offender " includes- (a) a person who conducts or assists in conducting an art union that is of a description such that this Act requires a permit to be issued under Part II in respect of it and such a permit has not been issued; (b) a person who conducts or assists in conducting an art union that is of a description such that this Act requires it to be conducted on behalf of an association of persons that is an approved association and such art union is not so conducted; (c) a person who provides or conducts or assists in conducting any commercial amusement, entertainment machine or billiard table (being a billiard table to which Part III applies) in respect of which there does not exist a current permit issued under Part III. (2) The Minister or the Under Secretary may require an offender to pay in respect of the conduct of the art union in question or in respect of the provision or conduct of the commercial amusement, entertainment machine or billiard table in question a fee in an amount determined by the Minister or, as the case may be, the Under Secretary but not exceeding an amount that is double the aggregate of the fees that would have been payable under this Act had the offender taken all steps under this Act necessary to make lawful his conduct of the art union or the provision or conduct of the commercial amusement, entertainment machine or billiard table. (3) A requisition made under subsection (2) for payment of a fee may be made- (a) by writing addressed to the person to whom it is directed and sent by pre-paid post letter to his address last known to the person who makes the requisition; or (b) by certificate exhibited in proceedings before a court for an offence defined in section 48 or 53. 77. Section 76 applicable to art unions conducted before Act. The powers conferred by section 76 may be exercised in respect of the conduct of an art union before the commencement of this Act and for that purpose that section shall be read and construed as if- (a) a reference therein to Part II were a reference to Part III of the Art Union Regulation Act 1964-1974; and (b) a reference therein to section 48 were a reference to section 10 of the Art Union Regulation Act 1964-1974. 78. Mode of recovery of fees for unlawful art unions , amusements etc. (1) An amount of fees required under section 76 to be paid that is unpaid may be recovered- (a) by proceedings under the Justices Act1886-1975 in a Magistrates Court at Brisbane, jurisdiction to hear and determine such proceedings being hereby conferred on such court; (b) by action for debt due to the Crown in a court at Brisbane that has jurisdiction in an action for debt in the amount claimed, jurisdiction to hear and determine such an action being hereby conferred on such court.

Art Unions and Amusements Act 1976, A o. 37 347 (2) If in proceedings against a person charged with an offence defined in section 48 or 53 it is proved that the Minister or the Under Secretary has required or does require under section 76 that person to pay a fee in respect of the art union, commercial amusement, entertainment machine or billiard table to which the charge relates then, if such person is convicted of the charge, the court shall, in addition to imposing a penalty for the offence, order such person to pay to the Minister or, as the case may be, the Under Secretary by or within the time specified by the court the amount of fee so required or such part of it as is then unpaid. (3) Proceedings for recovery of an amount of fee required under section 76 to be paid may be taken, heard and determined as prescribed by subsection (1) notwithstanding-- (a) that the person against whom the proceedings are taken has not been charged with an offence against this Act in respect of the conduct of the art union or the provision or conduct of the commercial amusement , entertainment machine or billiard table in respect of which the fee is sought; (b) that the person against whom the proceedings are taken has been convicted of an offence defined in section 48 or 53 in respect of the conduct of the art union or the provision or conduct of the commercial amusement , entertainment machine or billiard table in respect of which the fee is sought and that an order to pay the amount of the fee required of him has not been made in the proceedings in which he was so convicted; or (c) that the person against whom the proceedings are taken has been convicted of an offence defined in section 48 or 53 in respect of the conduct of the art union or the provision or conduct of the commercial amusement , entertainment machine or billiard table in respect of which the fee is sought and that an order to pay the amount of the fee required of him has been made in the proceedings in which he was so convicted, except where a default order made in respect of non-payment of the fee sought has been satisfied. 79. Certificate evidence in proceedings to recover fees. (1) In proceedings for an offence defined in section 48 or 53 or for the recovery of an amount of fee required under section 76 to be paid, a certificate purporting to be signed by the Minister or the Under Secretary as to all or any of the matters specified in subsection (2) shall be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein. (2) The matters referred to in subsection (I) are- (a) that the Minister or, as the case may be, the Under Secretary requires the person named in the certificate to pay to the Minister or to the Under Secretary the amount specified therein by way of fee in respect of the conduct of the art union, commercial amusement, entertainment machine or billiard table referred to therein and that the amount specified therein (whether the whole or part only of the amount of fee sought) is unpaid;

348 Art Unions and Amusements Act 1976. No. 37 (b) that there was directed to the person named in the certificate and sent to the address specified therein on the date specified therein a requisition made by the Minister or the Under Secretary under section 76. which required that person to pay to the Minister or to the Under Secretary the amount specified therein as fee in respect of the art union, commercial amusement. entertainment machine or billiard table referred to in the certificate and that the amount specified therein ( whether the whole or part only of the amount of fee sought ) is unpaid and that the address to which the requisition was sent was, at the time. the address of that person last known to the Minister or. as the case may be, the Under Secretary: (c) that the art union referred to in the certificate is of a description such that this Act requires a permit to be issued under Part 11 in respect of it and that such a permit had not been issued; (d) that the art union referred to in the certificate is of a description such that this Act requires it to be conducted on behalf of an association of persons that is an approved association and that the art union is conducted on behalf of other than an approved association: (e) that the commercial amusement , entertainment machine or billiard table referred to in the certificate is of a description such that this Act requires a permit to be issued under Part I I I in respect of it and that such a permit had not been issued. 80. Sections 78 and 79 applicable to proceedings for offences before commencement of Act. Sections 78 and 79 apply in respect of proceedings commenced before or after the commencement of this Act for an offence that consists in the conduct of an art union before the commencement of this Act and for that purpose those sections shall be read and construed as if (a) a reference therein to Part 11 were a reference to Part I I I of the Art Union Regulation Act 1964-1974: and (b) a reference therein to section 48 were a reference to section 10 of the Art Union Regulation Act 1964-1974. Division 4-Evidentiary and Indemnity Provisions 81. Evidentiary provisions . In 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, authorized officer or member of the Police Force, or the authority of any such person to do any act or take any proceedings; (b) a signature purporting to be that of the Minister or-of the Under Secretary, any clerk of the court, authorized officer or 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 a person was at a 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:

Art Unions and AIMISeMenls Act 1976.N(,. 37 1,10 (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 a certificate or permit issued under this Act shall, upon its production in evidence, be evidence and, in the absence of evidence to the contrary. conclusive evidence of the original thereof and of the matters contained in the original thereof; (e) a document purporting to be signed by the Under Secretary and stating that at a time specified therein there was or was not in force a permit in respect of the art union. commercial amusement, entertainment machine or billiard table or issued to the person specified therein, or stating that in relation to a permit to conduct an art union or to provide or conduct any commercial amusement. entertainment machine or billiard table the permit was or was not issued subject to the conditions set forth therein or stating that at a time specified therein there was or was not in force any determination. appro-,al. order, notice, demand, direction or requirement as specified therein shall, upon its production in evidence be evidence and, in the absence of evidence to the contrary, conclusive evidence of the matters contained therein; (f) the allegation in a complaint that at a material time- (i) an amusement mentioned in the complaint was a commercial amusement; or (ii) a machine mentioned in the complaint was an entertainment machine; or (iii) a table mentioned in the complaint was a billiard table; or (iv) 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; or (v) a particular person was the promoter or permit holder in relation to an art union mentioned in the complaint; or (vi) a date specified therein was the date on which the commission of an offence against this Act came to the knowledge of the complainant, shalt be deemed to be proved until the contrary is proved: (g) evidence that it becomes possible to play a game on a particular billiard table by inserting a coin or coins into any part of the table or into any receptacle or thing operated or used in connexion with the table shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that a payment of money is made for playing on the table by or on behalf of the person or persons who play a game on the table next after the insertion of the coin or coins; (h) evidence that a person paid money for admission to a place that contains a billiard table or in a place that contains a billiard table or elsewhere made a payment of money for an article or purpose that is reasonably capable of being associated with the use of the table or in circumstances reasonably capable as aforesaid paid money for an article or purpose at a price substantially in excess of the price ordinarily charged for that article or purpose and, in any case, played a game on the table

350 Art Unions and Amusements Act 1976, No. 37 shall be evidence and, in the absence of evidence to the contrary, conclusive evidence that a payment of money was made for the playing of that game. 82. Indemnity provisions . The Crown, the Minister, the Under Secretary, any clerk of the court, member of the Police Force, authorized officer or other person shall not incur any liability on account of anything done in the exercise of a power or the performance of a duty under this Act or on account of anything done or omitted in good faith and without negligence for the purposes of this Act. Division 5-Regulations 83. Regulations . (I) 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 person or any matter or thing, a 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, purpose, class, description or circumstance, or otherwise as is prescribed, and so that a regulation of specially limited application may or may not differ from another regulation .of specially limited application with respect to the same person, matter or thing. 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 but subject to sections 34 and 45, 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 shall be used; (ii) prescribing the persons by whom applications under this Act shall be made and to whom permits and other authorities under this Act may be issued; prescribing documents which must accompany applications made in relation to art unions of the description prescribed; (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; 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; providing for the total or partial exemption of persons and matters from the payment of fees payable under this Act; (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;

Art Unions and Amusements Act 1976, No. 37 351 (v) regulating and controlling the issue of permits and the granting of registration under this Act; prescribing with respect to the surrender, transfer and cancellation of such permits and registration; defining the authority conferred by permits issued and registration granted under this Act; (vi) regulating and controlling ticket.-sellers and the selling of tickets in art unions; providing for the satisfactory accounting of moneys received on the sale or issue of tickets or chances in art unions; providing for the drawing of prescribed art unions in the presence of prescribed persons; prescribing the events that may determine the allocation of ticket-sellers' prizes and other like prizes; (vii) regulating and controlling the issue of permits to authorize the provision and conduct of commercial amusements, entertainment machines and billiard tables; providing for the manner of dealing with registration labels issued for entertainment machines; providing for the giving of the Under Secretary's approval of the provision and conduct of more than two entertainment machines in the one premises; (viii) providing for the security and the form of security to be given by specified persons; (ix) prescribing records to be kept in relation to the conduct of art unions, commercial amusements, entertainment machines and billiard tables, and the persons by whom they are to be kept; providing for the retention of those records for a prescribed period, the manner of disposal of those records and the production of all or any of those records and of entries therein as and when prescribed; (x) providing for the inspection, examination and audit as prescribed by authorized officers and others of all or any records required by the regulations to be kept; (xi) providing for the furnishing of returns, statements and information by permit holders and other prescribed persons and the time or times and the mode of the furnishing thereof; (xii) providing for the prevention of fraud or cheating in relation to the conduct of art unions, the prevention of the obtaining of unfair advantage by purchasers of tickets or chances in an art union over other purchasers; providing for the prevention of fraud or cheating in relation to the provision and conduct of commercial amusements, entertainment machines and billiard tables; (xiii) prescribing, regulating and controlling the powers and duties of the Under Secretary, clerks of the court, authorized officers and 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; (xiv) regulating and controlling the seizure, forfeiture, confiscation and disposal of money, documents, machines, tables and other things had in possession or conducted in contravention of this Act;

352 Art Unions and Amusements Act 1976. No. 37 (xv) prescribing the amount of penalty, not exceeding S400, or other punishment by imprisonment, not exceeding a term of three months, for an offence against the regulations; (xvi) providing for the winding up of art unions which are not conducted to finality for any reason whatever; (xvii) prescribing all matters or things which by this Act are required or permitted to be prescribed and in respect of which no other mode of prescription is provided for. Division 6-General Provisions 84. Unclaimed prizes in major art unions and newspaper art unions. (I) If a person entitled to a prize in a major art union or in an art union conducted in a newspaper fails to claim the prize within three months after the date of the drawing of the art union the permit holder in relation to the art union shall, forthwith upon the expiration of that period by notification in writing containing the prescribed particulars, inform the Under Secretary who may thereupon direct that the unclaimed prize, if it is not money, shall be sold' by public auction or otherwise disposed of in such manner as he thinks fit. (2) The proceeds of the sale of an unclaimed prize, after deducting commission and other necessary expenses of the sale or, where the unclaimed prize is money, an amount equivalent to that prize shall be paid to the Public Curator of Queensland. (3) Money paid to the Public Curator of Queensland pursuant to subsection (2) shall be held in trust for the prize winner and if it is unclaimed for a period of six years it shall become and be unclaimed money and shall be dealt with as such under the provisions of the Public Curator Act 1915-1973. 85. Unclaimed prizes in trade promotion art unions . (1) If a person entitled to a prize in an art union conducted for the purpose of promoting trade fails to claim the prize within three months after the date of the drawing of the art union the promoter shall, forthwith upon the expiration of that period by notification in writing containing the prescribed particulars, inform the Under Secretary who may thereupon direct that the unclaimed prize shall be sold by public auction or otherwise disposed of in such manner as he thinks fit. (2) Subsections (2) and (3) of section 84 apply in respect of the proceeds of sale of a prize sold pursuant to this section. 86. Unclaimed prizes in minor art unions . (1) If a prize in a minor art union is of a perishable nature and is not claimed by its winner on the day of the drawing of the art union the promoter may dispose of the prize in such manner as he thinks fit and any moneys realized upon such disposal shall be held for the prize winner and thereafter dealt with as provided by this section. (2) If a person entitled to a prize in a minor art union fails to claim the prize or, where the prize has been disposed of under subsection (1), to claim the moneys held for him within one month after the date of the drawing of the art union his entitlement to the prize shall cease upon the expiration of that period.

Art Unions and Amusements Act 1976, No. 37 353 (3) Where an entitlement to a prize in a minor art union has ceased pursuant to subsection (2)- (a) where the prize is not money and has not been disposed of under subsection (1), the promoter of the art union may dispose of the prize in such manner as he thinks fit and the moneys realized on such disposal, less expenses necessarily incurred therein, shall be applied to the purpose for which the art union was conducted; (b) where the prize is money or where the prize has been disposed of under subsection (1) and money is held for the prize winner, the promoter shall apply an amount equivalent to the prize or, as the case may be, that money to the purpose for which the art union was conducted. (4) The promoter of a minor art union- (a) shall cause to be kept a record of all prizes in the art union that are unclaimed, the moneys realized upon the disposal of such prizes as have been disposed of under this section, the expenses necessarily incurred in such disposal and the due application of all moneys as prescribed by this section; and (b) shall cause the particulars of that record to be included in the returns furnished to the Under Secretary from time to time. 87. Disposal of money paid for tickets not included in art union. (1) The promoter of an art union- (a) shall cause to be paid to the Under Secretary all moneys received for or on account of tickets or chances in the art union from persons who for any reason were not admitted to participate in the art union; and (b) shall cause to be lodged with the Under Secretary, with the payment of such moneys, all details relating to such moneys that the Under Secretary requires; and (c) shall cause to be supplied to the Under Secretary, when required and in accordance with the requirement, such information as the Under Secretary requires. Moneys required by this section to be paid to the Under Secretary shall be paid within 14 days after the date of the drawing of the art union or within 14 days after receipt of the moneys by the promoter, whichever period is the later to expire. (2) All moneys received by the Under Secretary under subsection (1) shall, if the Minister so directs, be held as directed for payment to or at the direction of the persons who paid the money for tickets or chances in the art union or, in the absence of such a direction, shall be paid into the Consolidated Revenue Fund. (3) Where the Minister gives a direction concerning moneys paid to the Under Secretary under subsection (1) he may direct that such moneys be paid to the Public Curator of Queensland to be held as prescribed whereupon such moneys shall become and be unclaimed money and shall be dealt with as such under the provisions of the Public Curator Act 1915-1973.

354 Art Unions and Amusements Act 1976, No. 37 88. Order of drawing prizes in art unions . Where at any drawing of an art union there is to be determined more than one prize winner- the winner of the first prize in the art union shall be the first determined, the winner of the second prize in the art union shall be the second determined, the winner of the third prize in the art union shall be the third determined, and so in that sequence until the prizes in the art union are exhausted. 89. Power of delegation by Under Secretary . (1) The Under Secretary may by writing under his hand delegate all or any of his powers, authorities, functions and duties under this Act as are specified in the writing, other than this power of delegation, and may in like manner revoke any delegation made by him. (2) A delegation made under subsection (1)- (a) may be in relation to any matter or class of matter; (b) may be made so as to be effectual to confer authority on the delegate throughout the whole State or any part of the State, so that the delegated power or authority may be exercised or the delegated function or duty shall be performed by the delegate with respect to the matters or classes of matters specified therein at any place in the State or at any place in the part of the State specified therein according to the terms of the delegation. (3) The Under Secretary may make such and so many delegations under subsection (I) and to such number of persons at one and the same time or from time to time as he thinks fit. (4) A delegation made, under subsection (1) shall not prevent the exercise by the Under Secretary of a delegated power, authority, function or duty. (5) If a delegation made under subsection (I) is published in the Gazette it shall be judicially noticed and shall be presumed to be in force at any material time until the contrary is proved. 90. Delegations to holders of office. (1) A delegation may be made under section 89 (1) to the holder of an office specified in the delegation without specifying the name of the holder. (2) If a delegation is made as provided for in subsection (1) each holder in turn of the office so specified and each person while he performs .the duties of that office may exercise all delegated powers and authorities and shall perform all delegated functions and duties, as occasion requires, in accordance with the terms of the delegation. 91. Tabling in Parliament of Orders in Council . Section 28A of the Acts Interpretation Act1954-1971 (Publication of Regulations) applies in respect of Orders in Council made under this Act as if they were regulations.

Art Unions and Amusements Act 1976, No. 37 355 FIRST SCHEDULE CONDITIONS TO BE OBSERVED IN THE CONDUCT OF [s. 33] Major Art Unions other than Bingo 1. The gross proceeds of the art union shall not exceed the amount specified in that behalf in the permit issued in relation to the art union. 2. The proportion of the gross proceeds of the art union appropriated- (a) on account of prizes and expenses together shall not exceed 65 per centum thereof or such less proportion as is specified in that behalf in the permit issued in relation to the art union: (b) on account of prizes shall not exceed 45 per centum thereof or such less proportion as is specified in that behalf in the permit issued in relation to the art union; (c) on account of expenses shall not exceed 35 per centum thereof or such less proportion as is specified in that behalf in the permit issued in relation to the art union or the amount of expenses actually incurred. No payment on account of expenses or prizes in the art union shall be made out of moneys other than the proceeds of the art union. 3. Every ticket in the art union shall specify- (a) the purpose for which or the association on whose behalf the art union is conducted; (b) the closing date of the art union; (c) the premises and the time and date where and when the drawing of the art union is to take place; (d) the title and the date of the publication in which the names of prize winners are to be notified; (e) the name and address of the promoter of the art union; (f) the price of the ticket; (g) the words "Art Union" and the words "By Permission of the Department of Justice" and the words " Winners Notified by Certified Mail "; (h) the number of the ticket; (i) the number of the permit that relates to the art union; (j) each prize provided in the art union and its value. 4. Every notice or advertisement published concerning the art union shall specify- (a) the purpose for which or the association on whose behalf the art union is conducted; (b) the date when the drawing of the art union is to take place; (c) the name and address of the promoter of the art union; (d) the number of the permit that relates to the art union. 5. Each prize winner in the art union shall be determined by the mode of drawing the art union approved at the time the permit is issued in relation to the art union. 6. The art union shall not be drawn at any premises, time or date other than that specified in that behalf on the tickets in the art union save in accordance with the prior approval of the Under Secretary.

356 Art Unions and Amusements Act 1976, No. 37 7. A closing date shall not be substituted for the closing date specified on the tickets in the art union save with the prior approval of the Under Secretary. 8. If the permit holder in relation to the art union is or is to be an association, a special committee of four persons including-- (a) a representative of the committee or other governing body of the association; and (b) the secretary of the association or his representative; and (c) in the case of an association that is incorporated, the governing officer of the association or his representative, shall be appointed by the association either before or forthwith upon the issue of the permit in relation to the art union to see that this Act, these conditions and the conditions imposed on the permit issued in relation to the art union are observed. Forthwith upon the appointment of the committee the names and addresses of its members shall be notified in writing to the Under Secretary. 9. Tickets in the art union shall be numbered consecutively commencing with the number " I " in one series only and the number of tickets printed for an art union shall correspond in value to the gross proceeds for which the permit is issued and a greater number of tickets shall not be printed save with and in accordance with the prior permission of the Under Secretary. 10. Tickets in the art union and ticket-book covers shall be in the form of a printed specimen previously submitted in duplicate to and approved by the Under Secretary. 11. Ticket-book covers shall be numbered consecutively commencing with the number " I " in one series only. 12. No remuneration, prize or reward of any kind shall be paid or given to or provided for in respect of the promoter, agents, ticket-sellers or other persons associated with the conduct of the art union save with the prior approval of the Under Secretary. 13. A ticket or chance in the art union shall not be issued unless the name and address of the purchaser thereof has first been legibly written on the butt of the ticket remaining in and attached to the cover of the book from which the ticket is issued or, in the case of a guessing competition, has first been legibly recorded in a manner approved by the Under Secretary. 14. All butts of tickets issued in the art union (in and attached to the several covers of the books from which the tickets were issued), the names and addresses of all purchasers of chances in a guessing competition, all unsold tickets and all money received for or on account of the sale of tickets or chances shall be lodged with the promoter by agents and ticket-sellers before the expiration of the closing date of the art union. 15. Every holder of a ticket or chance in the art union shall be given a fair and equal chance of winning every prize in the art union at its drawing. 16. The number of each prize-winning ticket in the art union (where tickets are issued) and the name and address of each prize winner shall be published once at least in a newspaper circulating in the locality in which

Art Unions and Amusements Act 1976, No. 37 357 the drawing of the art union takes place and, if the permit issued in relation to the art union so provides, in the form and manner pro\ ided by the permit and each prize winner shall be notified in writing of his in by certified mail addressed to him within seven days after the date of the drawing of the art union. FURTHER CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Major Art Unions that are Multiple Drawing Art Unions 1. Each prize winner in a drawing in the art union shall be ascertained by reference to no more than three determining factors, each of those factors being either the result of a drawing or other determination or the outcome of one of more events. 2. A drawing in the art union shall not depend on an event or contingency that is or is connected with horse racing or coursing or any football game or other sporting event. FURTHER CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Major Art Unions that are Sweeps 1. Every ticket in the art union shall specify on its face the name of the sporting event by the result of which the winners therein are to he determined. 2. The drawing of the art union shall be completed on or before the day preceding the date of the sporting event by the result of which the winners therein are to be determined. 3. Each person who draws a horse or other chance in the art union shall be notified personally, prior to the sporting event by the result of which the winners therein are to be determined, of the horse or other chance drawn in his name. CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Major Art Unions that are Bingo -1. If the permit holder in relation to the art union is or is to be an association, a special committee of four persons including- (a) a representative of the committee or other governing body of the association; and (b) the secretary of the association or his representative: and (c) in the case of an association that is incorporated, the governing officer of the association or his representative, shall be appointed by the association either before or forthwith upon the issue of the permit in relation to the art union to see that this Act, these conditions and the conditions imposed on the permit issued in relation to the art union are observed. Forthwith upon the appointment of the committee the names and addresses of its members shall be notified in writing to the Under Secretary. 2. The art union shall be conducted at the venue specified in the permit issued in relation to it. 3. Not more than two bingo sessions shall be conducted on behalf of the same association during any week.

358 Art Unions and Amusements Act 1976, No. 37 4. A charge for admission to a bingo session shall not be made. 5. A bingo session shall not exceed four hours and the number of games of bingo played during any session shall not exceed 40. 6. The gross proceeds of each bingo session shall not exceed S4 000. 7. All cards offered for sale for use in a game of bingo shall be offered for sale at the same price, which shall not exceed 30 cents per card. 8. All cards used in a game of bingo shall have printed thereon the same serial number. 9. All cards issued for use in a game of bingo shall be numbered consecutively and numbered cards only shall be issued to confer on persons the right to participate in a game of bingo. 10. A card used in a game of bingo shall not be used in any other game of bingo except with the approval of the Under Secretary. 11. All cards used in a game of bingo shall be sold and purchased in accordance with the conditions (if any) imposed on the permit issued in relation to the art union. 12. The amount of the gross proceeds of a bingo session appropriated on account of expenses shall not exceed- (a) the expenses actually incurred; or (b) ten per centum of those gross proceeds, whichever is the less. 13. No remuneration, prize or reward of any kind shall be paid or given to or provided for in respect of the promoter, agents, ticket-sellers or other persons associated with the conduct of the art union save with the prior approval of the Under Secretary. 14. At the conclusion of each game of bingo winning card numbers shall be called back aloud and shall be checked with the drawn numbers by the promoter of the game and a member of the special committee appointed pursuant to these conditions. 15. A prize shall not be awarded to any player in a game of bingo unless all the numbers that go to establishing the winner of the prize have been properly drawn and called and appear on the face of the card sold to that player for use in the game. 16. Every notice or advertisement published concerning the art union shall specify- (a) the purpose for which or the association on whose behalf the art union is conducted: (b) the name and address of the promoter of the art union; (c) the number of the permit that relates to the art union. 17. Each prize awarded in a game of bingo shall be paid. or delivered to the winner of it immediately after the game in which it is awarded. In addition to any other prize provided for a game of bingo there may be provided for that game a jackpot prize which-- (a) shall be provided from the proceeds of bingo sessions already conducted except in the case of a jackpot prize provided in the bingo session first conducted on behalf of an association when the prize, not exceeding a value of S200 in the first instance, may be provided otherwise;

Art Unions and Amusements Act 1976, No. 37 359 (b) may accumulate from one bingo session to another bingo session; (c) subject to the provisions of this clause and clause 18. may be increased in value at each bingo session at which it is provided; and (d) if it is money, shall be paid by cheque only. The value of a jackpot prize provided in a bingo session or the aggregate value of jackpot prizes so provided (if more than one be provided) shall not exceed S1 000. If the prize to be awarded in a game of bingo that is won by two or more persons is money it shall be shared equally by such persons and if such prize is other than money, prizes of equal value shall be delivered, one to each winner. 18. The total value of the prizes awarded in a bingo session, exclusive of all jackpot prizes provided for that session, together with the value of the provision made from the proceeds of that session for jackpot prizes that are to accumulate to or are to be provided for another bingo session shall not exceed 75 per centum of the gross proceeds of the first-mentioned session. In this clause and in clause 17 the term "value ", in relation to a prize other than money, means the cost of that prize if sold by ordinary retail sale. 19. The- promoter shall in respect of each bingo session keep or cause to be kept in the form prescribed an accurate record and account of every game of bingo played during that session. Such account shall be completed- (a) in relation to a game of bingo for which cards are sold for use in that game only, at the conclusion of that game and prior to the commencement of the next game; (b) in relation to a game of bingo for which cards are sold at the one time for use in that game and other games of bingo, prior to the commencement of the first of the series of games for which the cards are sold. The promoter shall keep such account available for inspection by an authorized officer during the bingo session to which it relates and shall furnish such account to the Under Secretary within one month after the expiration of the period for which the permit that authorizes that session is in force. CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Minor Art Unions other than Bingo 1. The promoter shall be a member of the approved association on whose behalf the art union is conducted authorized in writing by the committee or other governing body of the approved association to act as the promoter. 2. No remuneration, prize or reward of any kind shall be paid or given to or provided for in respect of the promoter.

360 Art Unions and Amusements Act 1976, No. 37 3. The proportion of the gross proceeds of the art union appropriated-- (a) on account of expenses (including commission paid to agents, ticket-sellers or other persons associated with the conduct of the art union) shall not exceed 10 per centum thereof or the amount of expenses actually incurred, whichever is the less; (b) on account of prizes shall not exceed one-half thereof. No payment on account of expenses or prizes in the art union shall be made out of moneys of the approved association other than the proceeds of the art union. 4. The price of a ticket or chance in the art union shall not exceed 51. 5. Every notice or advertisement that is published concerning the art union shall specify the approved association on whose behalf the art union is conducted, the number of its certificate of registration and the name and address of the promoter and the date on which the art union is to be drawn. 6. A drawing in the art union- (a) shall not depend on any event or contingency that is or is connected with horse racing or coursing or any football game or other sporting event save where the art union is a sweep or doubles; (b) shall not be made by a machine or contrivance prohibited by the regulations. 7. No action (other than making a guess in the case of a guessing competition) by or on behalf of a person participating in the art union shall be required for ascertaining the winner of any prize therein. 8. Tickets in the art union' shall be numbered consecutively commencing with the number " I " in one series only. 9. Every ticket in the art union-- (a) where more than one art union is conducted and drawn on the same day, shall be identifiable with the art union in which it is issued by means of colour, number or other distinguishing characteristic; (b) where the art union is not conducted and drawn on the same day and its gross proceeds are estimated to exceed 5200, shall specify- (i) the approved association on whose behalf the art union is conducted and the number of its certificate of registration; (ii) the premises and the time and date where and when the drawing of the art union is to take place; (iii) the title and the date of the publication in which the names of prize winners are to be notified, (iv) the name and address of the promoter of the art union; (v) the price of the ticket; (vi) the words "Art Union " and the words " Winners Notified by Mail "; (vii) the number of the ticket; (viii) each prize provided in the art union and its value. 10. The art union shall not be drawn at any premises, time or date other than that specified in that behalf on the tickets in the art union.

Art Unions and Amusements Act 1976, No. 37 361 11. Every holder of a ticket or chance in the art union shall be given a fair and equal chance of winning every prize in the art union at its drawing. 12. Where the art union is one that is not conducted and drawn on the same day a ticket or chance in the art union shall not be issued unless the name and address of the purchaser thereof has first been legibly written on the butt of the ticket remaining in and attached to the cover of the book from which the ticket is issued or, in the case of a guessing competition, has first been legibly recorded in a manner adequate to permit identification of every prize winner. 13. Where the art union is one that is not conducted and drawn on the same day all butts of tickets issued in the art union (in and attached to the several covers of the books from which the tickets were issued), the names and addresses of all purchasers of chances in a guessing competition, all unsold tickets and all money received for or on account of the sale of tickets or chances shall be lodged with the promoter by agents and ticket-sellers before the expiration of the closing date of the art union. 14. Upon the drawing of the art union- (a) where the art union is one referred to in clause 9 (b), the number of each prize-winning ticket in the art union (where tickets are issued) and the name and address of each prize winner shall be published once at least in a newspaper circulating in the locality in which the drawing of the art union takes place and each prize winner shall be notified in writing of his win by post letter addressed to him within seven days after the date of the drawing of the art union; (b) where the art union is one that is not conducted and drawn on the same day and is not one referred to in clause 9 (b), the promoter shall cause notification in writing of the results of the drawing to he given to each prize winner therein who has not claimed his prize at the drawing by post letter addressed to him; (c) in every case a notice of- (i) the numbers of the tickets therein (where tickets are issued) that have won the prizes provided in the art union; (ii) the prize to which each prize winner is entitled; (iii) where they are known, the name and address of each prize winner, shall be exhibited forthwith at the premises where the drawing takes place so that it can be seen and read by those participating in the art union and attending at those premises. FURTHER CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Minor Art Unions that are Multiple Drawing Art Unions 1. Each prize winner in a drawing in the art union shall be ascertained by reference to no more than three determining factors, each of those factors being either the result of a drawing or other determination or the outcome of one or more events. 2. The final drawing in the art union shall be by way of drawing numbered marbles.

362 Art Unions and Amusements Act 1976, No. 37 FURTHER CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Minor Art Unions that are Sweeps other than Non-profit Sweeps 1. Every ticket in the art union shall specify on its face the name of the sporting event by the result of which the winners therein are to be determined. 2. The drawing of the art union shall be completed on or before the day preceding the date of the sporting event by the result of which the winners therein are to be determined. 3. Each person who draws a horse or other chance in the art union shall be notified personally, prior to the sporting event by the result of which the winners therein are to be determined, of the horse or other chance drawn in his name. FURTHER CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Minor Art Unions Called Lucky Envelopes 1. All tickets issued in the art union shall bear the same serial number. 2. A different serial number shall be used for each art union. 3. Tickets in the art union shall be numbered consecutively commencing with the number " I " upwards to number " 500 " in one series only. 4. All tickets in the art union- (a) shall be of the type approved by the Under Secretary; and (b) shall be continuously sealed on all sides and shall not be stapled or secured by any other means. 5. A part of each. ticket in the art union that is readily visible without opening shall specify the approved association on whose behalf the art union is conducted and the number of its certificate of registration. 6. Not less than 30 prizes shall be provided in each art union. FURTHER CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Minor Art Unions Called Doubles 1. All tickets issued in the art union shall bear the same serial number. 2. A different serial number shall be used for each art union. 3. A part of each ticket in the art union that is readily visible without opening shall specify the approved association on whose behalf the art union is conducted and the number of its certificate of registration. 4. The approved association on whose behalf the art union is conducted shall be one formed with a view to its members participating in the sport played in the game to which the doubles relate. CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Minor Art Unions that are Bingo 1. Only one bingo session shall be conducted during any week on behalf of the one approved association. 2. A charge for admission to a bingo session shall not bo, made.

Art Unions and Amusements Act 1976, No. 37 363 3. A bingo session shall not exceed four hours and the number of games of bingo played during, any session shall not exceed 40. 4. The gross proceeds of each bingo session shall not exceed S500. 5. No remuneration shall be paid in respect of the games of bingo to the promoter or any other person. 6. All cards offered for sale for use in a game of bingo shall be offered for sale at the same price, which shall not exceed 20 cents per card. 7. All cards used in a game of bingo shall have printed thereon the same serial number. 8. All cards issued for use in a game of bingo shall be numbered consecutively and numbered cards only shall be issued to confer on persons the right to participate in a game of bingo. 9. The amount of the gross proceeds of a bingo session appropriated on account of expenses shall not exceed- (a) the expenses actually incurred; or (b) ten per centum of those gross proceeds, whichever is the less. 10. Every notice or advertisement that is published concerning the art union shall specify the approved association on whose behalf the art union is conducted, the number of its certificate of registration and the name and address of the promoter. 11. At the conclusion of each game of bingo winning card numbers shall be called back aloud and shall be checked with the drawn numbers by the promoter of the game and a member of the approved association on whose behalf the art union is conducted. 12. A prize shall not be awarded to any player in a game of bingo unless all the numbers that go to establishing the winner of the prize have been properly drawn and called and appear on the face of the card sold to that player for use in the game. 13. Each prize awarded in a game of bingo shall be paid or delivered to the winner of it immediately after the game in which it is awarded. In addition to any other prize provided for a game of bingo there may be provided for that game a jackpot prize which- (a) shall be provided from the proceeds of bingo sessions already conducted except in the case of a jackpot prize provided in the, bingo session first conducted on behalf of an approved association when the prize, not exceeding a value of 5100 in the first instance, may be provided otherwise; (b) may accumulate from one bingo session to another bingo session; (c) subject to the provisions of this clause and clause 14, may be increased in value at each bingo session at which it is provided; and (d) if it is money, shall be paid by cheque only. The value of a jackpot. prize provided in a bingo session or the aggregate value of jackpot prizes so provided (if more than one be provided) shall not exceed 5500. If the prize to be awarded in a game of bingo that is won by two or more persons is money it shall be shared equally by such persons and if such prize is other than money, prizes of equal value shall be delivered, one to each winner.

364 Art Unions and Amusements Act 1976, No. 37 14. The total value of the prizes awarded in a bingo session, exclusive of all jackpot prizes provided for that session, together with the value of the provision made from the proceeds of that session for jackpot prizes that are to accumulate to or are to be provided for another bingo session shall not exceed 75 per centum of the gross proceeds of the first-mentioned session. In this clause and in clause 13 the term " value ", in relation to a prize other than money, means the cost of that prize if sold by ordinary retail sale. 15. The promoter shall in respect of each bingo session keep or cause to be kept in the form prescribed an accurate record and account of every game of bingo played during that session. Such account shall be completed- (a) in relation to a game of bingo for which cards are sold for use in that game only, at the conclusion of that game and prior to the commencement of the next game; (b) in relation to a game of bingo for which cards are sold at the one time for use in that game and other games of bingo, prior to the commencement of the first of the series of games for which the cards are sold. The promoter shall keep such account available for inspection by an authorized officer during the bingo session to which it relates and shall furnish such account to the Under Secretary upon request by him. CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Art Unions for Promotion of Trade 1. No entry fee shall be charged in respect of participation in the art union or in a competition in connexion with which the art union is conducted. 2. Every notice or advertisement issued in connexion with the art union shall specify- (a) the name and address of the promoter of the art union; (b) the date when the drawing of the art union is to take place; and (c) each prize provided in the art union and its value. 3. Every holder of a chance in the art union shall be given a fair and equal chance of winning every prize in the art union at its drawing. 4. The name and address (as furnished to the promoter) of each prize winner shall be published once at least in a newspaper circulating in each locality in which the art union is conducted and each prize winner shall be notified in writing of his win by certified mail addressed to him at his address aforesaid within seven days after the date of the drawing of the art union. 5. Where the art union is one conducted by means of " lucky envelopes " or similar means the ticket in the art union shall be continuously sealed on all sides and shall not be stapled or secured by any other means. 6. Where the art union is one conducted in a manner similar to bingo- (a) the art union shall not be conducted over radio or television,

Art Unions and Amusements Act 1976, No. 37 365 (b) all tickets issued in the art union shall have printed thereon the same serial number; (c) a ticket issued for use in a game in or comprising the art union shall not be used in any other game. CONDITIONS TO BE OBSERVED IN THE CONDUCT OF Art Unions Conducted in Newspapers 1. No remuneration, prize or reward of any kind shall be paid or given to or provided for in respect of the promoter of the art union or any other person associated with the conduct of the art union. 2. No expenses shall be provided for or incurred in connexion with the art union other than in the provision of prizes and in the payment of fees payable under this Act in respect of the art union. 3. The proportion of the gross proceeds of the art union appropriated on account of prizes shall not exceed 45 per centurn thereof or such less proportion as is specified in that behalf in the permit issued in relation to the art union. 4. Every notice or advertisement published concerning the art union shall specify- (a) the purpose for which or the association on whose behalf the art union is conducted; (b) each prize provided in the art union and its value; (c) the closing date of the art union.; (d) the premises and the time and date where and when the drawing of the art union is to take place; (e) the price of a ticket or chance in the art union; (f) the title and the date of the publication in which the names of prize winners are to be notified; (g) the name and address of the promoter of the art union; and (h) the number of the permit that relates to the art union. 5. Each prize winner in the art union shall be determined by the mode of drawing the art union approved at the time the permit is issued in relation to the art union. 6. The art union shall not be drawn at any premises or time or date other than that specified in that behalf in any notice or advertisement published concerning the art union save in accordance with the prior approval of the Under Secretary. 7. Every holder of a ticket or chance in the art union shall be given a fair and equal chance of winning every prize in the art union at its drawing. 8. The name and address of each prize winner in the art union shall be notified in the publication specified in any notice or advertisement published concerning the art union as the publication in which such names and addresses are to be notified. CONDITIONS TO BE OBSERVED IN THE-CONDUCT OF Non-profit Sweeps 1. No remuneration, prize or reward of any kind shall be paid or given to or provided for in respect of the promoter or any other person associated with the conduct of the sweep and no expenses shall be incurred in connexion with the sweep.

366 Art Unions and Amusements Act 1976. No. 37 2. The tickets or chances in the sweep shall be sold and issued, the drawing shall take place and the prize winner or winners shall be declared on the day of the running of the sporting event in respect of which the sweep is conducted. 3. The price of every ticket or chance in the sweep shall be the same and shall not exceed 50 cents. 4. Every holder of a ticket or chance shall participate in the sweep and no person shall be admitted to participate in the sweep in respect of a ticket or chance except after payment of the whole price of the ticket or chance. 5. No notice or advertisement of the sweep shall be given. exhibited, published or distributed. 6. Any prize in the sweep that is unclaimed shall be paid by the promoter to the Under Secretary, within fourteen days after the date on which the result of the sweep is known, to be paid by him to the Consolidated Revenue Fund. SECOND SCHEDULE [s. 44] CONDITIONS TO BE OBSERVED IN RESPECT OF Commercial Amusements 1. The permit authorising the provision or conduct of the commercial amusement shall be displayed in a conspicuous position on or at the premises where the commercial amusement is provided or conducted so that it may be easily read by any person attending the commercial amusement. 2. Where the commercial amusement is a game, there shall be displayed in a conspicuous position on or at the premises where the commercial amusement is provided or conducted so that it may be easily read by any person attending the commercial amusement a printed instruction of the rules governing the playing of the commercial amusement. 3. Where a prize is offered to participants in the commercial amusement, every participant shall be given a fair and equal chance of winning the prize. 4. A person who wins a prize in connexion with a commercial amusement shall receive the prize he has won and no promise, representation or statement shall be made, no undertaking shall be given and no inducement shall be held out by the permit holder or any other person associated with the provision or conduct of the commercial amusement or by any other person on his behalf that the prize will or may be exchanged for money, any article of value or other thing. 5. No permit-holder, no employee of the permit-holder, and no member of the family of the permit-holder or of any such employee who ordinarily resides with the permit-holder or, as the case may be, the employee shall be entitled to participate for or receive a prize offered in the conduct of the commercial amusement. 6. The full amount of fees payable in relation to the commercial amusement and any other sum or sums payable in respect thereof shall be paid at the time or times and place or places prescribed. 7. The commercial amusement and the conduct thereof shall at all times be available for inspection by the Under Secretary, any authorised officer or member of the Police Force.

Art Unions and Amusements Act 1976, No. 37 367 CONDITIONS TO BE OBSERVED IN RESPECT OF Entertainment Machines 1. An entertainment machine shall not be provided or conducted unless, in a conspicuous position so that it may be easily read by any person playing a game on the machine- (a) there is affixed securely to the machine a current registration label issued by the Under Secretary in respect of the machine; and (b) there is displayed on the machine the name and address of its owner. 2. There shall be displayed in a conspicuous position on or at the premises where the entertainment machine is provided and conducted so that it may be easily read by any person playing a game on the machine a printed instruction of the rules governing the playing of the machine. 3. The full amount of fees payable in relation to the entertainment machine and any other sum or sums payable in respect thereof shall be paid at the time or times and place or places prescribed. 4. The entertainment machine and the conduct thereof shall at all times be available for inspection by the Under Secretary, any authorised officer or member of the Police Force. 5. The entertainment machine shall be provided and conducted only on such days and within such hours on the permitted days as are specified in the permit issued in relation to the machine. 6. More than two entertainment machines shall not be provided or conducted in any premises save in accordance with the prior approval of the Under Secretary notwithstanding that permits issued in relation to those machines are in force. 7. No betting or gambling shall be conducted or permitted on or in relation to the operation of the entertainment machine or within the premises in which the machine is situated. 8. No disturbance shall be permitted to arise or to continue in the premises in which the entertainment machine is situated. 9. Every game playable on the entertainment machine shall be made playable by the insertion therein of a coin or coins. 10. A person who plays a game on the entertainment machine shall neither receive nor be offered any benefit. CONDITIONS TO BE OBSERVED IN RESPECT OF Billiard Tables 1. No billiard table shall be provided or conducted in any premises unless- (a) there is displayed in those premises in a conspicuous position so that it may be easily read by any person attending those premises a current permit issued in relation to the billiard table that authorizes the provision and conduct of the billiard table at those premises; and (b) there is displayed on the billiard table in a conspicuous position so that it may be easily read the name and address of its owner.

368 Art Unions and Amusements Act 1976, No. 37 2. The full amount of fees payable in relation to the billiard table and any other sum or sums payable in respect thereof shall be paid at the time or times and place or places prescribed. 3. The billiard table and the conduct thereof shall at all times be available for inspection by the Under. Secretary, any authorised officer or member of the Police Force. 4. The billiard table shall be provided and conducted only in such premises or such part of premises and on such days and within such hours on the permitted days as are specified in the permit. 5. No betting or gambling shall be conducted or permitted on or in relation to a game played on the billiard table or within the premises in which the billiard table is situated. 6. No disturbance shall be permitted to arise or to continue in the premises in which the billiard table is situated. 7. A person who plays a game on the billiard table shall neither receive nor be offered any benefit.