Gaming and Betting (Amendment) Act 1938 (NSW)
GAMING AND BETTING (AMEND
MENT) ACT.
Act No. 7, 1938.
An Act to amend the Gaming and Betting Act, 1912-1937, in certain respects; and for purposes connected therewith. [Assented to, 4th October, 1938.]
| BE it enacted b y the King 's Most Excellent Majesty, lative Council and Legislative Assembly of New South b y and with t he advice and consent of t he Legis | Wales in Par l iament assembled, and by the au thor i ty of | |
| the same, as follows :— | ||
| ||
| (2) The Gaming and Be t t ing Act, 1912-1937, as amended by this Act, may be cited as the Gaming and Bet t ing Act, 1912-1938. |
2 . The Gaming and Bet t ing Act, 1912-1937, is
amended—
(a)
(i)
by omitting from paragraph (1) of the defi nition of " S t r e e t " in section three all words
following the word " l a n d " ; (ii)
by inser t ing after p a r a g r a p h (1) of the same
definition the following new p a r a g r a p h : —
" S t r e e t " (1A) E v e r y descript ion of vessel used in
nav iga t ion ;
(iii) by inserting at the end of the same definition
the following p a r a g r a p h s — " S t r e e t " does not include any house o ther than a house s i tuated on premises in respect of which a license is held under P a r t I I I of the Liquor Act, 1912, or the Bi l l iards and Bagatel le Act, 1902, or the Thea t r e s and Public Hal ls Act, 1908-1937.
" S t r e e t " does not extend to include a licensed race-course dur ing the period in which a race-meeting is being held on such race-course.
| (b) | by inserting next after section three the follow ing new sect ion:— |
3A. This Act shall be read and construed sub ject to the Commonwealth of Aus t ra l i a Consti tu t ion Act, and so as not to exceed the legisla tive power of the Sta te , to the intent t ha t where any provis ion of this Act, or the appl icat ion thereof to any person or circumstance is held invalid, the remainder of this Act, and the appli cation of such provision to other persons or cir cumstances shall not be affected.
| (c) | by omitting from section forty-one the words | ||
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| (d) | by inserting after section forty-seven the fol lowing new sect ions:— | ||
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directly or indirectly, to any person a t any t ime before the prescr ibed t ime, any information con cerning the bet t ing or bett ing odds on any event or contingency of or re la t ing to any race, con tes t or course held or to be held a t any race- meet ing or meet ing for coursing.
(b) I n this subsection the expres
sion " t h e prescr ibed t i m e " means the actual
t ime of the s t a r t ing of the last race, contest or
| B | course |
course a t the race-meeting or meet ing for cours ing a t which the event or contingency to which the bet t ing or bet t ing odds re la te is decided or determined.
(c) Any reference in this subsection to " t h e bet t ing or bet t ing o d d s " shall extend to include a reference to total izator dividends and probable to ta l izator dividends.
(2) Whosoever opens, keeps, or uses any house, office, room or other place for any of the purposes mentioned in subsection one of t h i s section, or knowingly permi ts the same to be opened, kept or used by any other person for any of such purposes , or has the care or manage ment of, or in any manne r assis ts in conducting the business of any such house, office, room or place opened, kept or used for any of such pur poses, shall, for a first offence, be liable to a penal ty not exceeding one hundred pounds, and for a second or any subsequent offence to a pena l ty of not less than one hundred pounds and not exceeding two hundred and fifty pounds .
(3) This section shall not opera te to prohib i t the communication or conveying of in format ion upon a licensed race-course or cours ing ground approved by the Minister , where the informat ion is so communicated or conveyed on any day upon which a race-meeting or meet ing for coursing is held on such race-course or cours ing ground, and is so communicated or
conveyed solely to persons who a re presen t at such race-meeting or meet ing for coursing. 47E. (1) E v e r y person who p r in t s or pub lishes or causes to be p r in t ed or published any newspaper or document which contains any ad vert isement, notice, or o ther m a t t e r whatso ever—
(a)
which is likely to lead to the belief, or whereby it is made to appea r tha t such person or any other person will if requi red—
(i)
(i) bet on any event or contingency of or re la t ing to any intended race contest or course to be held a t any race-meeting or meet ing for cours ing in any p a r t of the Commonwealth of
A u s t r a l i a ; or (ii) communicate or convey by any means whatsoever , e i ther direct ly or indirectly, any in format ion or advice as to the probable resul t of any such race contest or course ; or
(iii) communicate or convey by any
means whatsoever , ei ther directly or indirectly, any information or advice as to the bet t ing or be t t ing odds on any such race contest or course ; or
(b)
which is likely to lead to the belief or whereby it is made to appea r tha t in format ion or advice in relat ion to any of the m a t t e r s re fer red to in subpara g raphs (ii) and (iii) of p a r a g r a p h (a) of this subsection has been given o r will be given in any newspaper or docu
m e n t : or
(c) whereby any informat ion or advice is given or p u r p o r t s to be given— (i) as to the probable result of any such race contest or course ; or
(ii) as to the betting or betting odds on any such race contest or course,
shall be liable for a first offence to a penal ty not exceeding one hundred pounds and for a second or any subsequent offence to a penal ty of not less t han one hundred pounds and not ex ceeding two hundred and fifty pounds.
(2)
(2) (a) If any such adver t isement , notice or other m a t t e r as is r e fe r red to in sub
section one of this section—(i) names any person as the person by whom or on whose behalf such adver t isement, notice or m a t t e r is p r in ted o r
publ ished; or (ii) names any person as the person who will make any such bet or communicate or convey any such informat ion or ad vice as is r e fe r red to in p a r a g r a p h (a ) of t ha t subsect ion; or
(iii) names any person as the person who or on whose behalf any such informat ion or advice as is re fer red to in p a r a g r a p h (b) of t ha t subsection has been given or will be g iven; or
(iv) names any person as the person who or on whose behalf or with whose au thor i ty any such informat ion or ad vice as is re fe r red to in p a r a g r a p h (c) of t ha t subsection is given or p u r p o r t s to be given, or by whom such infor mat ion or advice is furnished,
the person so named shall, in the absence of proof to the cont rary , be deemed to have caused to be published the newspaper or document containing such adver t isement , notice or o ther
ma t t e r . (b) F o r the purposes of this sub section a person shall be deemed to be named if he is ment ioned or re fe r red to by name, or by any name or designat ion whatsoever used or assumed by him or by which he is usual ly known or which is usual ly appl ied to his business or
business premises . (3) If any such adver t isement , notice or other m a t t e r as is re fe r red to in subsection one of th is section specifies, indicates or refers to a telephone number , post office box or address ,
the
the person ren t ing such telephone or post office box, or the occupier of the premises to which such address re la tes (as the case may be) shall, in the absence of proof to the cont rary , be deemed to have caused to be published the news p a p e r or document containing such adver t ise
ment , notice or other mat te r .
(4) (a) This section shall not opera te—
(i) to prohibit a bookmaker from exhibiting
or post ing up any wr i t t en or p r in ted m a t t e r re la t ing to any bet t ing or be t t ing odds which he is p r epa red to accept or offer, where such m a t t e r is exhibited or posted up on a licensed race-course or cours ing ground approved by the Minister on a day upon which a race-meeting or meet ing for coursing is being held upon such race-course or coursing g round ;
(ii) to prohibit the printing or publication in any newspaper of an adver t isement or notice re la t ing to a bookmaker where the contents of such adver t i sement or notice a re confined to a s ta tement of the name of the bookmaker, the race-course or cours ing ground approved by the Minister on which he will opera te and the number of the s tand on such race-course or coursing ground which he will occupy.
(b) This section shall not opera te to
prohibi t the exhibition by or on behalf of a
person, club or association conducting a race-
meet ing or a meet ing for coursing on a licensed race-course or coursing ground approved by the Minis ter of any information concerning probable total izator dividends, w h e r e such information is so exhibited on such race-course or coursing ground on the day upon which the race-meeting or meet ing for coursing is held.(c) This section shall not opera te to
prohibi t the publication of a newspaper containing a forecast of the probable result of any such
race
race contest or course as is re fer red to in sub
section one of this section, where—(i) the newspaper is published in good faith for the purpose of supplying mainly news and comment other than such forecast, and
(ii) the publication of such forecast is not by way of adver t i sement or for valuable con siderat ion.
(d) This section shall not operate to prohibi t the publicat ion of any informat ion in relat ion to a prosecut ion for an offence.
(5) (a) I n this section—
" d o c u m e n t " includes placard, sign, device,
handbill , card and wr i t i ng ;
" p u b l i s h e s " includes sends, exhibits, sells,
circulates, d is t r ibutes , gives away and
pos ts u p ; and " p u b l i s h e d " has a cor responding meaning.
(b) Any reference in subsection one
of this section to " t h e be t t ing or be t t ing o d d s "shall extend to include a reference to probable
total izator dividends. 47c. (1) No house, office, room or other place shall be opened, kept or used for the purpose of the owner, occupier or keeper thereof, or any person us ing the same or any person procured or employed by, or ac t ing for or on behalf of such owner, occupier or keeper, or person us ing
the same, or of any person having the care or management or in any manne r conducting the business thereof making any oral s ta tement—
(a) which is likely to lead to the belief or whereby it is made to appea r tha t any person will, if required— (i) bet on any event or contingency of or re la t ing to any intended race contest or course to be held a t any race-meet ing or meet ing for cours ing in any p a r t of the Commonweal th of
A u s t r a l i a ; or
(ii)
(ii) communicate or convey by any means whatsoever , ei ther di rect ly or indirectly, any in format ion or advice as to the probable resul t of any such race contest or course ; or
(iii) communicate or convey by any means whatsoever , ei ther directly or indirectly, any in format ion or advice as to the bet t ing or bet t ing odds on any such race contest or course ; or
(b) which is likely to lead to the belief or whereby it is made to appea r tha t in format ion or advice in relat ion to any of the ma t t e r s refer red to in subpara g raphs (ii) and (iii) of p a r a g r a p h (a) of this subsection has been given or will be given in any newspaper or docu
m e n t ; or (c) whereby any information or advice is
given or p u r p o r t s to be given— (i) as to the probable result of any such race, contest or course ; or
(ii) as to the betting or betting odds on any such race, contest or course.
(2) Whosoever opens, keeps or uses any
house, office, room or other place for any of thepurposes mentioned in subsection one of this section, or knowingly permi ts the same to be opened, kept or used by any other person for any of such purposes , or has the care or manage ment of, or in any manner assis ts in conducting the business of any such house, office, room or place opened, kept or used for any of such pur poses, shall, for a first offence, be liable to a penal ty not exceeding one hundred pounds, and for a second or any subsequent offence to a penal ty of not less than one hundred pounds and not exceeding two hundred and fifty pounds.
(3)
(3) This section shall not opera te to p ro hibit a bookmaker from making any oral s tate ment as to any bet t ing or bet t ing odds which he is p r e p a r e d to accept or offer where such s ta te ment is m a d e upon a licensed race-course or coursing g round approved by the Minister on a day upon which a race-meeting or meet ing for coursing is being held upon such race-course or coursing ground, and is so made solely to per sons present at such race-meeting or meet ing for coursing.
(4) (a) I n this section the expression " m a k e any oral s t a t e m e n t " includes every method of communicat ing by means of spoken words , whether direct ly or th rough the medium of any a p p a r a t u s for the reproduct ion of sound.
(b) Any reference in subsection one
of this section to " t h e bet t ing or be t t ing o d d s "shall extend to include a reference to probable
to ta l iza tor dividends. 47D. (1) E v e r y person who for fee or r eward gives any oral informat ion or advice—
(a)
as to the probable result of any in tended race, contest or course to be held a t any race-meeting, or meet ing for coursing, in any p a r t of the Common
wealth of A u s t r a l i a ; or (b)
as to the be t t ing or be t t ing odds on any event or contingency of or re la t ing to any such race contest or course,
shall be liable for a first offence to a pena l ty
not exceeding one hundred pounds, and for a second or any subsequent offence to a pena l ty of not less than one hundred pounds and not
exceeding two hundred and fifty pounds .(2) I n any proceedings for an offence aga ins t this section the al legat ion in the infor mat ion t ha t any information or advice was given for fee or r eward shall be p r ima facie evidence of the fact so alleged.
(3) I n th is section the expression " g i v e
oral informat ion or a d v i c e " includes every
method of communicat ing informat ion by
spoken
spoken words whether directly or th rough the medium of any a p p a r a t u s for the reproduct ion of sound.
47E. (1) E v e r y person who p r in t s or pub lishes, or causes to be p r in ted or published, any document which contains or p u r p o r t s to con ta in—
(a) a list of the horses or dogs nominated for any intended race contest or course which is to be held a t any race-meeting or meet ing for coursing on a licensed race-course or coursing ground approved
by the Minis te r ; or (b) a list of the horses or dogs which will or will not take p a r t in any such race, contest or course, shall, unless the p r in t ing and publication of such l ist has been approved or authorised by the person, club, or association conducting such race-meeting or meet ing for coursing, be liable for a first offence to a penal ty not exceeding one hundred pounds, and for a second or any subse quent offence to a penal ty of not less than one hundred pounds and not exceeding two hundred and fifty pounds.
(2) I n this section—
" d o c u m e n t " includes newspaper , p lacard, sign, handbill , card and wr i t ing but does not include a newspaper published
in good fai th for the purpose of sup
plying mainly news and comment other
than the m a t t e r re fe r red to in pa ra
g r a p h (a) a n d / o r p a r a g r a p h (b) of subsection one of this section.
" p u b l i s h e s " includes sends, exhibits, sells,
circulates, d is t r ibutes , gives away and
pos ts u p ; and " p u b l i s h e d " has a corre sponding meaning.
(e) (i) by inser t ing in subsection one of section
forty-two af ter the word " t e l e g r a m " the
words ' ' by t e l ephone ' ' ; (ii)
(ii) by inserting in the same subsection after
the word " c o r r e s p o n d e n c e " the words " o r communica t ion ' ' ;
(f) by inserting next after section fifty-eight the following new sect ion:— 58A. The al legations in an information in re spect of any offence aga ins t this Act tha t any race-meet ing or meet ing for coursing mentioned in the informat ion was held a t a place and on a da te there in specified and tha t any horse or dog named in the informat ion took p a r t in any race, contest or course there in mentioned shall be accepted by the court as evidence of the t r u t h of the al legations unless the con t ra ry is proved.
3 . (1) The Gaming and Bet t ing Act, 1912-1937, is fur ther amended by inser t ing next after subsection four of section fifty-one the following new subsection:—
(4A) Notwi ths tanding the provisions of subsections three and four of this section, in the case of any race course mentioned in p a r a g r a p h (c) of subsection three of this section meet ings for horse-racing may be held on tha t race-course on any number (not being more than twelve) of days in any one yea r and meet ings for pony-racing may be held on tha t race-course on any number (not being more t han six) of days in any one year but the to ta l number of days in any one yea r upon which any such meet ings are held shall not exceed twelve.
(2) The amendment made by subsection one of this
section shall take effect on the first day of J a n u a r y , one thousand nine hundred and thir ty-nine.
(3) The Gaming and Be t t ing Act, 1912-1937, is
fur ther amended:—
(a) by inserting next after subsection five of section 52A the following new subsect ion:—
(5A) Notwi ths tand ing any th ing contained in
subsection five of th is section the number of licenses for race-courses s i tua ted within for ty miles of the pr inc ipa l pos t office, Newcastle, shall not exceed three .
(b)
| (b) | by inserting in section fifty-three after the words " in that week" the words "o r in the next suc- ceeding week.'* |
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