Betting Control Act Amendment Act 1961 (WA)

No. 14.] Betting Control. [1961.

BETTING CONTROL

10° Elizabeth II., No. XIV.

No. 14 of 1961.

AN ACT to amend the Betting Control Act,

1954-1960.

[Assented to 20th October, 1961.]

BE it enacted by the Queen's Most ExcellentMajesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

and citation. 1. (1) This Act may be cited as the Betting

Control Act Amendment Act, 1961.

Vol. 14 of	(2) In this Act the Betting Control Act, 1954-
Acts.

Reprinted

Approved for	1960, is referred to as the principal Act.
reprint
16th Febru-

ary, 1959, and	(3) The principal Act as amended by this Act
amended by

Acts Nos. 76 may be cited as the Betting Control Act, 1954-1961.

of 1959 and 49 of 1960.

1961.] Betting Control. [No. 14.

2. The principal Act is amended by adding after galtdaexe

section twenty-eight the following sections-

28A. (1) If it appears to a justice on =t,

complaint made on oath before him that there are reasonable grounds for suspecting that unlawful betting is or is about to be carried on in or upon any place or public place he may give to any member of the Police Force a warrant in the form of the Second Schedule to No.'io2gf

this Act.	1918.
(2) A warrant so given authorises the member of the police force therein named, with such assistance as may be necessary,

(a)	to enter into and upon and search the place or public place named in the warrant at any time during the day or night and to open and break open if necessary and search all things found therein or thereupon;
(b)	to use force if necessary in making entry whether by breaking open doors or otherwise;
(c)	to search all persons found therein or thereupon;
(d)	to arrest and bring before a stipendiary magistrate or two justices all persons found therein or thereupon;
(e)	to seize all betting material and money found therein or thereupon or upon the persons referred to in paragraph (c) of this subsection that may reasonably be supposed to have been used or designed for use in connection with or in relation to such suspected unlawful betting; and
(f)	to detain all such betting material and money until it is dealt with in accord- ance with the provisions of section twenty-eight of this Act.

No. 14.] Betting Control. [1961.

"Unlawful

betting".	(3) In this section "unlawful betting" means any contravention of or failure to observe any provision of section twenty-three or twenty- seven of this Act.
Search of

No female person shall be searched under authority of a warrant given pursuant to this section, except by a female member of the Police Force and in the presence of female persons only.

female (4)

persona.

Betting

material	28B. If, on the hearing of any complaint for twenty-seven of this Act, the Court is of opinion that any betting material or money that has to its satisfaction been proved to have been found in any place or public place wherein it was suspected that unlawful betting was carried on and entered under a warrant given under section twenty-eight A of this Act and to have been so found in circumstances that in the mind of the Court raises a reasonable suspicion that the betting material or money was used or designed for use in contravention of the purposes and provisions of the first mentioned sections or either of them, such finding shall be deemed prima facie evidence of the commission by the accused person of the offence charged against him in the complaint.
prima facie
evidence of	an offence against section twenty-three or
offence.
Second

Schedule 3. The principal Act is amended by adding after

added. the Schedule a schedule as follows

SECOND SCHEDULE. FORM OF WARRANT.

To wit I To

WHEREAS it appears to me,

a Justice of the Peace by the complaint on oath of

(A. B.) of (occupation) that there is reasonin the State

to suspect that unlawful betting within the meaning of section twenty-eight A of the Betting Control Act, 1954, as amended, is being or is about to be carried on in or upon a certain place or public place, to wit,

1961.] Betting Control. [No. 14.

. This is therefore to authorise

and request you, with such assistance as may be necessary, to enter into and upon and search such place or public place at any time during the day or night and there to open and break open if necessary and search all things found therein or thereupon and search all persons found therein or thereupon subject to subsection (4) of the said section twenty-eight A and if necessary to use force in making such entry, whether by breaking open doors or otherwise and to arrest and bring before a Stipendiary Magistrate or two Justices of the Peace all such persons as may be found therein or thereupon and seize all money and betting material as defined in the said Act found upon such persons or in or upon such place, as may reasonably be supposed to have been used or designed for use in connection with or in relation to such unlawful betting and to detain any such betting material and money so found to be dealt with according to law: And for so doing this shall be your Warrant.

Given under my hand at in Western

Australia this day of