Gaming and Betting Act 1945 (ACT)

AUSTRALIAN CAPITAL TERRITORY.

No. 10 of 1945.

AN ORDINANCE

I Relating to Gaming and Betting.

BE it ordained by the Governor-General of the Commonwealth Council, in pursuance of the powers conferred by the Seat of of Australia, with the advice of the Federal Executive	Government Acceptance Act 1909-1938 and the Seat of Government
(Administration) Act 1910-1940, as follows:—

1. This Ordinance may be cited as the Gamine/ and Betting short title.

Ordinance 1945.*

2. In this Ordinance, unless the contrary intention appears, Definition.

" the Act" means the Gaming and Betting Act, 1906 of the State

of New South Wales, in its application to the Territory.

3 . Section two of the Act is amended—	Definitions
m the Act.

(a) by inserting, after the definition of "Jus t ice" , the

following definition :—

" ' loiter ' means to idle or linger about;" ;

(b) by omitting from the definition of " P l a c e " all the words after the word " includes" and inserting in their stead the words " a tent, ship, boat, building, erection, road, street, thoroughfare, alley, right of way (whether public or private), and all land (whether public or private) enclosed or otherwise";

(c) by inserting, after the definition of "Principal Act",

3249.— PRICE 3D.

the following definition :—

" ' Public place ' includes—

(a) every place to which the public are permitted to have access tacitly or otherwise and whether upon payment of money or not;

(b) any premises in respect of which a licence granted under the Liquor Ordinance 1929-1943 is in force;

(c) any shop, any part of a building occupied in connexion therewith, or for the purposes of, a shop;

(d) any factory and the appurtenances of

any factory;

* Notified in the Commonwealth Gazette on 13th September, 1945.

(e) any building occupied by any club and

the appurtenances thereof; and

(/) any place commonly used by the public,
whether as trespassers on otherwise,
but does not include a racecourse licensed

under the Racecourses Ordinance 1935-1943 on

which a race meeting is being held ;" ; and I

(d) by omitting the definition of " Street " and inserting in

its stead the following definition:—

" ' S t r e e t ' means every public street, thoroughfare,

private street or road commonly used by or to which the public are permitted to have access;".

Betting in

public place 4 . Section eighteen of the Act is amended—

prohibited. (a) by inserting, after the word " s t r e e t " (wherever

occurr ing) , the words " o r public p l a c e " ; and

(6) by adding at the end thereof the following sub-

sections :—

" (2.) A person shall not be in or upon any street or public

place for the purpose of betting.

" P e n a l t y :  For a first offence, not less than Twenty pounds

and not more than One hundred pounds, and. for any subsequent

offence, imprisonment for six months.

" (3.) A person shall not in any street or public place—

(a) bet or offer to bet by way of wagering or gaming; or

(6) get up or take part in any sweepstake.

" Pena l ty :  Fo r a first offence, not less than Twenty pounds

and not more than One hundred pounds, and. for any subsequent

offence, imprisonment for six months.

" (4.) For the purposes of this section, but without l imiting the

generality of the term. ' b e t t i n g ' includes the negotiation of bets,

the receipt or payment of moneys in connexion with bets and the settling of bets, other than bets lawfully made on a licensed race- course.

5. After section nineteen of the Act, the following sections a re

inserted :—

Prohibition of	" 1 9 A . — (1.) A person s tanding in any street shall not refuse or
loitering.	•

neglect to move on when requested by a member of the Police Force
so to do.

" (2.) A person loitering in any street or public place shall, on request by a member of the Police Force to cease loitering, cease so to loiter.

" Penal ty .- Twenty pounds.

Betting	" 19B. A person shall not pr int , exhibit, publish, sell, circulate, distribute, give away or post up or cause to be printed, exhibited, published, sold, circulated, distributed, given away or posted up ,
information.

I H any newspaper or printed card or wri t ten document, list or card

^ ^ ^	(whether published, written or printed in the Terr i tory or else- where) , which contains or purports to contain any advertisement or notification by or on behalf of any person, club or association, as to bett ing on any intended horse, pony, t rot t ing race or races, coursing event or other sport or exercise whatever in any part of the
i	Commonwealth, or as to betting odds on any such race or races.

Pena l ty :  Twenty pounds.

" 19c. The allegations in any information laid in respect of any Averment a* to

alleged offence against this Act that any horse race, cycle race or foot race or coursing event (as the ca.se may be) mentioned in the information was run at a place and on a date therein specified and that any horse or horses, dog or dogs, or person or persons named in the information took par t in any race or coursing event therein mentioned shall be accepted by the court hearing the information as evidence of the t ruth of the allegations unless the contrary is proved.".

6. Section seventeen of the Games Wagers and Betting-houses'Evidence of

Act 1901 of the State of New South Wales, in its application to the gaming"™*

Terri tory, is amended—

(a) by inserting in sub-seetion (1.) , after the word ' ' te le-

gram ", the words " or telephone " ; and

(b) by adding, at the end of that sub-section, the words

" or communication ".

Dated this thir teenth day of September, 1945.

W. DUGAN

Deputy of the Governor-General.

By His Excellency's Command.

J O H N A. BKASLEY

for and on behalf of the Minister of

State for the Interior.

I

By Authority: L. F. JOHNSTON, Commonwealth Government Printer, Oanberru.