Gaming Act 1972 (Qld)

133 C 1Yaktshuth ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 19 of 1972 An Act to Amend The Gaming Act of 1850 of New South Wales in its application to Queensland in certain particulars [ASSENTED TO 19TH DECEMBER, 1972] 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:- 1. Short title and citation . This Act may be-cited as the Gaming Act 1972.

134 Gaming Act 1972, No. 19 2. Amendment of The Gaming Act of 1850. The Gaming Act of 1850 of New South Wales as amended from time to time is for the purpose of its application in Queensland further amended by, in the first section- (a) omitting all words commencing with the words " to a penalty " and ending with the words " six calendar months " and inserting in their stead the following provisions:- (a) for a first offence to a penalty of not less than $300 nor more than $400; (b) for a second offence to a penalty of not less than $500 nor more than $1,000 and to imprisonment for a term of not less than fourteen days nor more than three months; (c) for a third or subsequent offence to a penalty of not less than $1,000 nor more than $1,500 and to imprisonment for a term of not less than twenty-eight days nor more than six months."; (b) omitting the words " to a penalty of not more than five pounds " and inserting in their stead the following provisions:- C6 on conviction-- (a) for a first offence to a penalty of not less than $10 nor more than $100; (b) for a second offence to a penalty of not less than $40 nor more than $150 and to imprisonment for a term not exceeding fourteen days; (c) for a third or subsequent offence to a penalty of not less than $60 nor more than $200 and to imprisonment for a term of not less than seven days nor more than one month."; (c) adding the following provisions:- "Personal appearance of offenders . Where any person charged for an offence against this section does not appear personally before the court at the time and place at which the charge for that offence is to be heard. or to which the hearing thereof has been adjourned, the justices constituting the court- (a) where that person has been released on bail by recognizance or by a deposit of money, shall order the recognizance to be estreated or the deposit forfeited; (b) shall require evidence on oath to be given before them of the matter of the charge (unless such evidence has already been given prior to any adjournment) and shall, if they are satisfied that the matter of the charge has been substantiated by evidence on oath given before them or prior to any adjournment, issue their warrant to apprehend that person and to bring him before justices to answer the charge and to be further dealt with according to law.

Gaming Act 1972, No. 19 135 The provisions of section 143 of The Justices Acts 1886 to 1968 shall apply to proceedings referred to in the last preceding paragraph. Every other provision of The Justices Acts 1886 to 1968 and all other enactments shall be read, construed and applied so as not to limit the operation and effect of this provision. Identification of persons arrested . Where a person has been arrested on a charge of any offence against this section the member of the Police Force in charge of the police station, watch-house or lock-up to which the person is taken after arrest may take or cause to be taken all such particulars as he thinks necessary for the identification of the person including his photograph, finger prints and palm prints. If proceedings are not taken against the person arrested in respect of any offence against this section or if he is found not guilty upon the charge made against him for an offence against this section, all photographs, finger prints and palm prints taken pursuant to this provision shall be destroyed in his presence.".