Gaming and Betting (Amendment) Act 1974 (NSW)

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GAMING AND BETTING (AMENDMENT) ACT.

ANNO VICESIMO TERTIO

ELIZABETHE II REGINE

Act No. 48, 1974.

An Act to make further provision with respect to unlawful games and gaming-houses; to increase certain penalties; for these and other purposes to amend the Gaming and Betting Act, 1912, and the Summary Offences Act, 1970; and for purposes connected therewith. [Assented to, 24th April, 1974.]

BE

Council and Legislative Assembly of New South Wales in BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the game, as
follows:—
1. This Act may be cited as the "Gaming and Betting

(Amendment) Act, 1974".
2. The Gaming and Betting Act, 1912, is amended—

(a) by omitting the matter relating to Part I I in section 1
and by inserting instead the following matter :—
PART II .—WAGERING—SS. 5-16.
Betting in streets—ss. 5, 6.
Betting on sports grounds—ss. 7-9.
Betting with infants—ss. 10-14.
Cheating at cards or games—s. 15.
Avoidance of contracts—s. 16.

PART I IA.—UNLAWFUL GAMES AND GAMING

HOUSES S U P P R E S S I O N — 1 7 - 3 8 .

Unlawful games—ss. 17—20.
Gaming-houses—ss. 21-27.
Declared gaming-houses—ss. 28-35.
Evidence and witnesses—ss. 36-38.

(b)

(b) (i) by inserting after the definition of "Broadcast ing station" in section 3 the following definitions : —
"Declared gaming-house" means a place in respect of which a declaration under section 28 has been made.
"Gaming-house" means a place—

(a) used for playing or taking part in an unlawful game; or
(b) used as a common gaming
house at common law,

whether or not that place is open for the use only of subscribers, members or shareholders of a club or company, or to all persons desiring to use that place.

(ii) by omitting the definition of "Place" in section 3 and by inserting instead the following definition :—
"Place" means—

(a)

a house, office, shop, room or other premises or any part of a house, office, shop, room or other premises; or
(b) a vessel or boat, whether used

in navigation or not so used.

(c) by omitting section 4 ;
<d) by omitting from the heading to Part II the words
"GAMING AND";
(e)

(e)

by omitting sections 17 to 38 and the headings to sections 17, 31, 33 and 35 and by inserting instead

the following Par t :—
PART IIA.

UNLAWFUL GAMES AND GAMING-HOUSES

SUPPRESSION.
Unlawful games.
17. The following games are unlawful games :—

(a)

the games called respectively fan-tan, pak-a-pu, two-up, hazard, baccarat, faro, manilla or roulette, or any similar game of chance;

(b)

any game where money is disposed of by lottery or chance except as authorised under the Lotteries and Art Unions Act 1901— 1929;

(c)

any game in which the chances are not alike favourable to all the players, includ ing among the players the banker or other person, if any, by whom the game is man aged or against whom the other players stake, play or bet;

(d)

any game where a bank is kept by one or more persons exclusive of the others; or
(e) any game with cards or other instruments

of gaming wherefrom a person receives a
percentage or share of the amount wagered.
18. A person shall not—

(a)

organise or conduct or assist in organising or conducting an unlawful game; or

(b)

receive a percentage or share from any amount wagered on an unlawful game.
Penalty : $200 or imprisonment for three months.

19. A person shall not give or sell a ticket or chance, or share in a ticket or chance, in an unlawful game.
Penalty: $200 or imprisonment for three months.
20. A person shall not play at or bet on an unlawful game.
Penalty : $100.

Gaming-houses.

21. An owner or occupier of a place shall not knowingly allow that place to be used—
(a) as a gaming-house; or

(b) as a means of access to, or of exit or escape from, a gaming-house.

Penalty : $500 or imprisonment for six months. 22. (1) A justice, upon a complaint made on oath that the complainant has reason to suspect, and believes, that a place is kept or used as a gaming-house, may, by special warrant under his hand, authorise and require any member of the police force to enter and search that place and arrest, search and bring before a stipendiary magistrate or any two justices all persons found therein, and seize all means, contrivances or instru ments of gaming, money and securities for money

found therein.
(2) Any member of the police force autho rised under subsection (1) may, if necessary, obtain assistance and use force, whether by breaking open doors or otherwise, for making entry to the place suspected of being used as a gaming-house, and may search all parts of the place where he suspects that means, contrivances or instruments of gaming, money or securities for money are concealed.
(3)
(3) A special warrant under subsection (1) shall be in or to the effect of the form in the Second Schedule.
23. A person shall not organise or conduct or
assist in organising or conducting a gaming-house.

Penalty : $1,000 or imprisonment for twelve

months.
24. A person shall not be in a gaming-house without lawful excuse.
Penalty : $100.
25. (1) Upon the conviction for an offence against this Part of a person who is brought before a stipendiary magistrate or justices by virtue of a special warrant under section 22, all money and securities for money seized under section 22 shall be forfeited to Her Majesty.
(2) The stipendiary magistrate or justices before whom a person is brought by virtue of a special warrant under section 22 may direct that all means, contrivances or instruments of gaming seized under that warrant be forthwith destroyed.
26. (1) If—

(a) an owner of a place has reasonable grounds
to suspect that that place is used as a
gaming-house; or
(b) an owner of a place has reasonable grounds to suspect that that place is used as a means of access to, or of exit or escape from, a gaming-house,
he may serve a notice to quit on the occupier.

(2)

(2) Service of a notice to quit under sub section (1) shall determine, as from the tenth day after the date of service, the tenancy of the occupier as if that tenancy had expired by effluxion of time.
(3) On the determination of the tenancy under subsection (2), the owner may, without any authority other than this Act, take legal proceedings to evict, and may evict, the occupier.
(4) A notice to quit under subsection (1)

shall be served—
(a) on the occupier personally; or

(b) if the occupier cannot be found, by posting a copy of the notice on some conspicuous part of the place referred to in subsection (1) (a) or (b) , as the case may be.
27. (1) A notice to quit under section 26 (1) may, on application made by the occupier, be cancelled by the Supreme Court, or the District Court, subject to such terms as the Court thinks fit, on proof that the occupier has not at any time—

(a)

knowingly allowed the place to be used as a gaming-house; or
(b) knowingly allowed the place to be used as

(2) A copy of the application made under subsection (1) shall be served on the owner at least two days before the hearing of the application, and on being so served shall operate, until the determination of the application, as a stay of any proceedings commenced under section 26 (3).

from, a gaming-house. a means of access to, or of exit or escape

Declared
Declared gaming-houses.
28. (1) On the affidavit of a superintendent or inspector of police showing reasonable grounds for suspecting that a place is used as a gaming-house, the Supreme Court may declare that place to be a declared gaming-house.
(2) A declaration under subsection (1)
shall remain in force until rescinded under section
29.
29. (1) A declaration under section 28 may be rescinded by the Supreme Court, subject to such terms as the Court thinks fit, on application being made to it—

(a) by the owner or occupier of the declared gaming-house, on proof that he has not at any time allowed the declared gaming house to be used as a gaming-house; or
(b) by a superintendent or inspector of police, on proof that the declared gaming-house is not used as a gaming-house.
(2) Where an application under subsection (1) is made by the owner or occupier, notice in writing of intention to make the application shall be served on a superintendent or inspector of police at least two days before the hearing of the application.

30. (1) Notice of a declaration under section
28 or of a rescission, under section 29, of such a
declaration shall be published in the Gazette.
(2) In any proceedings under this Act, the production of a copy of the Gazette containing a notice referred to in subsection (1) shall be evidence that the declaration or rescission therein notified, as the case may be, was duly made.

31. (1) On the making of a declaration under section 28, the Commissioner of Police, a super intendent or an inspector of police shall cause a notice of the making of that declaration to be—

(a)

published on two days in a newspaper cir culating in the neighbourhood of the declared gaming-house the subject of that declaration; and
(b) served—
(i) personally on the owner and occupier of that declared gaming house; or
(ii) where personal service cannot be promptly effected, on the owner and occupier of that declared gaming house by causing a copy of the notice to be affixed at or near to the entrance to that declared gaming house.

(2) In any proceedings under this Act, the production of a copy of a newspaper containing a notice of the making of a declaration under section 28 shall be evidence that the notice was duly pub lished in that newspaper on the date appearing therein.
32. (1) If, after publication, in accordance with
section 31 (1) (a) , of a notice of the making of a

declaration under section 28, and during the time that the declaration is in force, a person is found—

(a) in, or on, or entering, or leaving the declared

gaming-house the subject of that
declaration; or

(b)

in, or on, or entering, or leaving a place used as a means of access to, or of exit or escape from, the declared gaming-house the subject of that declaration,
a

a member of the police force may, without warrant, arrest that person and take him before a stipendiary magistrate or any two justices.
(2) A person arrested under subsection (1), unless he proves that he was in, or on, or entering the declared gaming-house, or a place used as a means of access to, or of exit or escape from, the declared gaming-house, as the case may be, for a lawful purpose, contravenes this subsection.
Penalty : $500 or imprisonment for six months. (3) The form of information for an offence against subsection (2) may be in or to the effect of Form A or B in the Third Schedule.
33. If, after service on an owner, in accordance with section 31 (1) ( b ) , o f a notice of the making of a declaration under section 28, and during the time that the declaration is in force, the declared gaming-house the subject of that declaration is used as a gaming-house, the owner, unless he proves that he has taken all reasonable steps to evict the occupier from that declared gaming-house, contravenes this section.

Penalty : $1,000 or imprisonment for twelve

months.

34. If, after service on an occupier, in accord ance with section 31 (1) (b) , of a notice of the making of a declaration under section 28, and during the time that the declaration is in force, the declared gaming-house the subject of that declara tion is used as a gaming-house, the occupier contravenes this section.

Penalty : $1,000 or imprisonment for twelve

months.

35. (1) While a declaration under section 28 is in force, a member of the police force may, without warrant—

(a) enter the declared gaming-house the subject of that declaration;
(b) enter a place which he has reasonable grounds to suspect of being used as a means of access to, or of exit or escape from, that declared gaming-house;
(c) pass through, from, over, or along any other land or building for the purpose of entering in pursuance of paragraph (a) or ( b ) ;
(d) for any of the purposes of this subsection, break open doors, windows, or partitions, and do such other acts as may be necessary; and
(e) seize any means, contrivances or instruments of gaming, money and securities for money in that declared gaming-house.

(2) All money and securities for money seized under subsection (1) (e) shall be forfeited to Her Majesty.
(3) The Commissioner of Police may
direct that all means, contrivances or instruments
of gaming seized under subsection (1) (e) be

destroyed. Evidence and witnesses.
36. It shall not be necessary, in proceedings under this Part against a person found playing an unlawful game, to prove that that person was playing that game for any money, wager or stake.
37. (1) This section applies to and in respect of a place that a member of the police force is authorised to enter under this Part, where—

(a)

a member of the police force so authorised is wilfully prevented from, or is obstructed or delayed in, entering that place;

(b)

an external or internal door of, or means of access to, that place is found to be fitted with a bolt, bar, chain, or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into that place of a member of the police force so authorised, or for giving an alarm in case of such entry;

(c)

that place is found to be fitted or provided with any means of or contrivance for playing at or betting on an unlawful game or with any means of or contrivance for concealing, removing or destroying any instruments of gaming; or

(d)

there is found in that place or in the possession of a person in that place any instruments of gaming used in playing at or betting on an unlawful game.
(2) Evidence that, at or about a specified
time or times on a specified day, this section applied
to or in respect of a specified place shall, until

the contrary is made to appear, be evidence—

(a)

for the purposes of this Part, that the specified place was, at or about the specified time or times of the specified day, used as a gaming-house;

(b)

for the purposes of this Part, that persons found in the specified place at or about the specified time or times of the specified

day

day were playing an unlawful game, whether or not any play took place in the presence of a member of the police force authorised to enter under this Part; and

(c) for the purposes of section 24, that a person in the specified place at or about the specified time or times of the specified day was in the specified place without lawful excuse.

38. A person concerned in any unlawful gaming who is examined as a witness by or before a stipendiary magistrate or two justices in any proceedings for an offence under this Part relating to that unlawful gaming, shall, if he receives from that stipendiary magistrate or those justices a certificate in writing to the effect that he has made true and faithful discovery to the best of his knowledge of all things as to which he has been examined, be freed from all criminal prosecutions, forfeitures, punishments and disabilities to which he may have become liable for anything done before his examination in respect of that unlawful gaming.

(f) by omitting section 40 and by inserting instead the following section :—

40. (1) A justice, upon complaint made on oath that the complainant has reason to suspect, and believes, that a place is kept or used contrary
to this Part, may, by special warrant under his hand, authorise and require any member of the police force to enter and search that place and arrest, search, and bring before a stipendiary magistrate or any two justices all persons found therein, and seize all money, coin, notes, cheques, IOU's, or other writings for securing the payment
of

P 57337—25
of money, and all microphones, speakers, tape recorders, tapes, wire recorders, wires, or other apparatus for the recording or reproduction of sound (not being Commonwealth property) and all lists, cards, or other documents or other things whatsoever relating to racing or betting found in that place.
(2) Any member of the police force authorised under subsection (1) may, if necessary, obtain assistance and use force, whether by breaking open doors or otherwise, for making entry to the place suspected of being kept or used contrary to this Part, and may search all parts of that place where he suspects that any article he is authorised to seize is concealed.
(3) A special warrant under subsection (1) shall be in or to the effect of the form in the Second Schedule.

(g) by omitting section 43 and by inserting instead the following section :—
43. For the purposes of sections 26 to 28, a place kept or used for any of the purposes mentioned in section 42 shall be deemed to be a place used as a gaming-house.

(h) by omitting the Second Schedule and by inserting instead the following Schedule :—

S E C O N D S C H E D U L E .

Form of special warrant.

N E W S O U T H WALES
TO WIT
TO a member of the police force for the State of N e w South Wales and to all other members of the said force.

WHEREAS

W H E R E A S

of

in the State of N e w South Wales has this day made complaint upon oath to me, the undersigned, a Justice of the Peace, that the complainant has reason to suspect, and believes, that a place, to wit

is kept or used (as a gaming-house within the meaning of the Gaming and Betting Act, 1912, or contrary to Part III of the Gaming and Betting Act, 1912, as the case may be). This is therefore in the name of Our Lady the Queen, to require you forthwith, with such assistants as you may find necessary, to enter into that place, and, if necessary, to use force for making that entry, and to search that place, and to arrest, search and bring before a stipendiary magistrate or any two justices all persons found therein and to seize (all tables, instruments of gaming, etc., or as the case may be), and for so doing this shall be your warrant.

Given under my hand and seal this

day of one thousand nine

hundred and at
in the said State.
Justice of the Peace.

(i) by omitting Forms A and B from the Third Schedule and by inserting instead the following forms :—

F O R M A.

That on the

day of

, at

, A.B. was found in (or on, or entering,

or leaving) a declared gaming-house.

FORM

B.

That on the

day of

, at

, A.B. was found in (or on, or entering,

or leaving) a place used as a means of access to (or of exit from,
or escape from) a declared gaming-house.

3. The Summary Offences Act, 1970, is amended by omitting section 36.
4. (1) In this section—

(a) "existing declaration" means a declaration made by a judge of the Supreme Court that any house, office, room or other place is a common gaming house in force at the date of assent to this Act;
(b) a reference to a section is a reference to a section of the Gaming and Betting Act, 1912, as amended by this Act.

(2) A notice to quit, in force at the date of assent to this Act, served under a provision of the Gaming and Betting Act, 1912, repealed by this Act shall be deemed to have been served under section 26 (1) .
(3) An existing declaration shall be deemed to be a declaration that the house, office, room or other place, the subject of that existing declaration, is a declared gaming house under section 28.
(4) A notice published in the Gazette of an existing declaration shall be deemed to have been published under section 30 (1) .

(5) A notice published in a newspaper of an existing
declaration shall be deemed to have been published under

section 31 (1) .
(6) A notice of an existing declaration served under
a provision of the Gaming and Betting Act, 1912, repealed
by this Act shall be deemed to have been served under section
31 (1) .

(7) A special warrant issued under a provision of the Gaming and Betting Act, 1912, repealed by this Act shall be deemed to have been issued under section 22.

Each provision of the Gaming and Betting Act, 1912, specified in Column 1 of the Schedule is amended in the manner set forth opposite that provision in Column 2 of the Schedule.

5.

SCHEDULE.

Column 1. Column 2.

Provision of Gaming and Betting Act,

Amendment.

The definitions of "Occupier" and Omit "house, office, room, or other"

"Owner" in section 3 ; sections	wherever occurring.
42 (1), (2), (3); 44 (1).

The definition of "Owner" in section 3. Omit "house, office, room," where

secondly and thirdly occurring.

Sections 4 1 ; 44(2) ;

45; 46 (a), (c); Omit

"house,

office,

room,

or"

47 (b).

wherever occurring.

Section 41.

. .

Omit

"house

or

premises",

insert

instead "place".

Sections 43A (1), (2); 44A; 44B (1), Omit "house, office, room or other"

(2);

47A (1), (2);

47c (1), (2).

wherever occurring.

Section 44 (1). . .

. .

Omit

"house,

office,

room

or".

Section 44B (1) (a), (b).	. .	. .	Omit "or any part thereof" wherever occurring.
Sections 47A (2); 47c (2)	Omit "house, office, room or" where secondly occurring.

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Council and Legislative Assembly of New South Wales in	BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative
Parliament assembled, and by the authority of the game, as
follows:—

(a)	used for playing or taking part in an unlawful game; or
(b)	used as a common gaming house at common law,

(a)	the games called respectively fan-tan, pak-a-pu, two-up, hazard, baccarat, faro, manilla or roulette, or any similar game of chance;
(b)	any game where money is disposed of by lottery or chance except as authorised under the Lotteries and Art Unions Act 1901— 1929;
(c)	any game in which the chances are not alike favourable to all the players, includ ing among the players the banker or other person, if any, by whom the game is man aged or against whom the other players stake, play or bet;
(d)	any game where a bank is kept by one or more persons exclusive of the others; or

(a)	organise or conduct or assist in organising or conducting an unlawful game; or
(b)	receive a percentage or share from any amount wagered on an unlawful game.

(a)	an owner of a place has reasonable grounds
to suspect that that place is used as a gaming-house; or
(b)	an owner of a place has reasonable grounds to suspect that that place is used as a means of access to, or of exit or escape from, a gaming-house,

(a)	knowingly allowed the place to be used as a gaming-house; or
(b)	knowingly allowed the place to be used as

(a)	by the owner or occupier of the declared gaming-house, on proof that he has not at any time allowed the declared gaming house to be used as a gaming-house; or
(b)	by a superintendent or inspector of police, on proof that the declared gaming-house is not used as a gaming-house.

(a)	enter the declared gaming-house the subject of that declaration;
(b)	enter a place which he has reasonable grounds to suspect of being used as a means of access to, or of exit or escape from, that declared gaming-house;
(c)	pass through, from, over, or along any other land or building for the purpose of entering in pursuance of paragraph (a) or ( b ) ;
(d)	for any of the purposes of this subsection, break open doors, windows, or partitions, and do such other acts as may be necessary; and
(e)	seize any means, contrivances or instruments of gaming, money and securities for money in that declared gaming-house.

(a)	a member of the police force so authorised is wilfully prevented from, or is obstructed or delayed in, entering that place;
(b)	an external or internal door of, or means of access to, that place is found to be fitted with a bolt, bar, chain, or any means or contrivance for the purpose of preventing, delaying or obstructing the entry into that place of a member of the police force so authorised, or for giving an alarm in case of such entry;
(c)	that place is found to be fitted or provided with any means of or contrivance for playing at or betting on an unlawful game or with any means of or contrivance for concealing, removing or destroying any instruments of gaming; or
(d)	there is found in that place or in the possession of a person in that place any instruments of gaming used in playing at or betting on an unlawful game.

the contrary is made to appear, be evidence—
(a)	for the purposes of this Part, that the specified place was, at or about the specified time or times of the specified day, used as a gaming-house;
(b)	for the purposes of this Part, that persons found in the specified place at or about the specified time or times of the specified

S E C O N D	S C H E D U L E .
*Form of special*	*warrant.*

(a)	"existing declaration" means a declaration made by a judge of the Supreme Court that any house, office, room or other place is a common gaming house in force at the date of assent to this Act;
(b)	a reference to a section is a reference to a section of the Gaming and Betting Act, 1912, as amended by this Act.