Gaming and Betting and Liquor (Amendment) Act 1967 (NSW)

GAMING AND BETTING AND LIQUOR

(AMENDMENT) ACT.

ANNO SEXTO DECIMO

ELIZABETHE II REGINE

Act No. 7, 1967.

An Act to make further provisions relating to the publication of betting odds and other information relating to race-meetings, the holding of barrier trial meetings for horse-racing, the recovery of certain wagering debts, the powers of t h e Greyhound Racing Control Board and the conduct of lotteries and games of chance on certain premises; for these and other purposes to amend the Gaming and Betting Act, 1912, as amended by subsequent Acts, and the Liquor Act, 1912, as amended by subsequent Acts; and for purposes connected therewith. [Assented to , 20th March, 1967.] BE

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

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

and Liquor (Amendment) Act, 1967".

(2) The Gaming and Betting Act, 1912, as amended by subsequent Acts and by this Act, may be cited as the Gaming and Betting Act, 1912-1967.

1. (1) The Gaming and Betting Act, 1912, as amended

by subsequent Acts, is amended—

(a) by omitting from section one the figures "47" and by inserting in lieu thereof the figures and letter

"47G";

(b) (i) by inserting in section three next after the definition of "Bookmaker" the following new definition :—

"Broadcasting station" means any station—

(a) provided by the Postmaster-General and from which the Australian Broadcasting Commission broad­ casts programmes and other

services; or

(b) in respect of which a person holds a licence for a commercial broad­ casting station under Part IV of the Australian Broadcasting Act 1942 of the Parliament of the Common­ wealth of Australia or any Act of that Parliament amending or replac­ ing that Act.

(ii)

(ii)   by inserting at the end of the same section the following new definition :—

"Television station" means any station—

(a)	provided by the Postmaster-General and from which the Australian Broadcasting Commission televises programmes and other services; or
(b)	in respect of which a person holds a licence for a commercial television station under Part IV of the Austra­ lian Broadcasting Act 1942 of the Parliament of the Commonwealth of Australia or any Act of that Parliament amending or replacing that Act.

(c) (i) by omitting paragraph (b) of section forty-six and by inserting in lieu thereof the following paragraph :—

(b) prints or publishes in a newspaper, or publishes through the medium of a broadcasting station or television station, otherwise than in accordance with regulations made under this Act, any information or advice as to the betting or betting odds—

(i) on any intended race or con­

test to be held at a race-

meeting; or

(ii)   on any race or contest held at a race-meeting, where the infor­ mation or advice is so printed or, as the case may be, pub­ lished before the prescribed time referred to in subsection one of section 47A of this Act.

(ii)

(ii)   by inserting in the same section after the word "liable" the words ", in the cases referred to in paragraphs (a) and (c) of this section,";

(iii)   by inserting in the same section after the word "months" the words "and, in the case referred to in paragraph (b) of this section, to the same penalties as for offences against section

47A of this Act";

(iv)   by inserting at the end of the same section the following words :—

In this section "betting or betting odds" has the meaning ascribed to that expression in section 47A of this Act.

(d) by inserting at the end of subsection three of section

47A the following new paragraph :—

(b) This section shall not operate to prohibit the communicating or conveying before the prescribed time referred to in subsection one of this section by means of a newspaper or through the medium of a broadcasting station or television station of any information concerning the betting or betting odds referred to in subsection one of this section if—

(i)   the information is communicated or con­ veyed in accordance with regulations made under this Act; and

(ii)   the race or contest to which the information relates is not a horse-race held or to be held

at a barrier trial meeting.

(e) by inserting next after paragraph (c) of subsection four of section 47B the following new paragraph :—

(c l ) This section shall not operate to

prohibit—

(i)   the printing or publication in a newspaper, being a newspaper that complies with sub­ paragraph (i) of paragraph (c) of this

subsection,

subsection, of any information or advice as to the betting or betting odds on a race or contest;

(ii)   the publication, through the medium of a television station, of a document containing information or advice as to the betting or betting odds on a race or contest; or

(iii)   the publication, through the medium of a television station, of a document containing a forecast of the probable result of a race or contest,

if the information or advice is printed or, as the case may be, the information, advice or document is published, in accordance with regulations made under this Act and, in the case referred to in sub­ paragraph (iii) of this paragraph, the publication is not by way of advertisement or for valuable consideration.

In this paragraph "race or contest" means any such race or contest (not being a horse-race at a barrier trial meeting) as is referred to in subsection one of this section.

(f)	by inserting at the end of subsection three of section 47c the following new paragraph :—
(b) This section shall not operate to prohibit the making through the medium of a broadcasting
whereby any information or advice referred to in station or television station of any oral statement

paragraph (c) of subsection one of this section is given, if the statement is made in accordance with regulations made under this Act and, in the case of the information or advice referred to in subpara­ graph (i) of that paragraph, is not given by way of advertisement or for valuable consideration (other than remuneration referred to in subsection three of section 47D of this Act).

(g)

(g)

by inserting in subsection three of section 47D after the word "sound" the words "and 'fee or reward' does not include any remuneration paid by or on behalf of the person having the control and management of a broadcasting station or television station to a person making an oral statement through the medium of that station in accordance with paragraph (b) of subsection three of section 47A, or paragraph (b) of subsection three of section 47c, of this Act";

(h)

by inserting next after section 47F the following new section :—

47G. (1) The power to make regulations con­ ferred upon the Governor by section fifty-nine of this Act shall include power to make regulations for the purposes of paragraph (b) of section forty- six, paragraph (b) of subsection three of section

47A, paragraph (c l ) of subsection four of section 47B or paragraph (b) of subsection three of section

47c, of this Act.

(2) The regulations referred to in sub­ section one of this section may be made to differ in their application according to different circum­ stances and, without prejudice to the generality of the foregoing provisions of this subsection, may be made to differ—

(a)	according to whether they are to apply to newspapers or to broadcasting stations or
to television stations;
(b)	according to the location of the race- meeting at which the race or contest is to be held;
(c)	according to whether the race-meeting is a meeting for horse-racing, greyhound-racing, pony-racing or trotting contests.

(2) This section shall commence upon a day to be appointed by the Governor and notified by proclamation published in the Gazette.

3. The Gaming and Betting Act, 1912, as amended by

subsequent Acts, is further amended—

(a) by inserting immediately before the definition of "Bookmaker" in section three the following new definition :—

"Barrier trial meeting" means a meeting for

horse-racing—

(a)	at which horses, mares and geld­ ings respectively may compete in a training gallop or trial; and
(b)	at or in respect of which no money, valuable thing, or the right to com­ pete at a subsequent meeting for horse-racing is awarded in con­ sideration of the result of any such training gallop or trial.

(b)	by inserting in section seven after the word "horse­ races" the words "(not being horse-races at a barrier trial meeting)";
(c)	by inserting in subsection three of section 47A after the word "race-meeting" where firstly occurring the words "(not being a barrier trial meeting)";

(d) (i) by inserting in subparagraph (i) of paragraph
(a) of subsection four of section 47B after
the word "race-meeting" the words "(not being a barrier trial meeting)";

(ii)   by inserting in paragraph (b) of the same subsection after the word "race-meeting" where firstly occurring the words "(not being a barrier trial meeting)";

(iii)   by omitting from paragraph (c) of the same subsection the words "race contest or course" and by inserting in lieu thereof the words "race or contest (not being a horse-race to be held at a barrier trial meeting)";

(e)

(e)	by inserting in subsection three of section 47c after the word "race-meeting" where firstly occurring the words "(not being a barrier trial meeting)";
(f)	by inserting in subsection three of section fifty-one after the word "horse-racing" the words "(not being barrier trial meetings)";
(g)	by inserting next after subsection three of section fifty-three the following new subsection :—

(4) Notwithstanding the foregoing provisions of this section, a barrier trial meeting may be held on any day of the year, not being Good Friday or Christmas Day.

(h) by inserting at the end of section 53A the following new subsection :—

(2) Nothing in subsection one of this section shall be construed as requiring the authorisation of the Minister, or his delegate, thereunder in respect of a barrier trial meeting.

(i) (i) by inserting in paragraph (b) of section 53E after the word "days" the words "being days referred to in subsection three of section fifty- one of this Act,";

(ii) by omitting from the same paragraph the

words "pursuant to this Act".

4. The Gaming and Betting Act, 1912, as amended by

subsequent Acts, is further amended—

(a) by omitting from section sixteen the words "Pro­ vided always that this enactment shall not be deemed to apply to" and by inserting in lieu thereof the words "Provided that the foregoing provisions of this section shall not apply—

(a) to";

(b)

(b) by inserting at the end of the same section the following word and new paragraph :—

; or

(b) in respect of any bet or wager lawfully made on a licensed race-course by or with a book­ maker in the course of his business or voca­ tion as such.

(1) The Gaming and Betting Act, 1912, as amended by subsequent Acts, is further amended—

5.

(a)	by omitting from subsection one of section fifty- two the words "Colonial Secretary" and by inserting in lieu thereof the words "Minister or his delegate";
(b)	by omitting from subsection two of section 52A the words "Colonial Secretary" and by inserting in lieu thereof the words "Minister or his delegate";
(c)	by omitting from section 52B the words "Colonial Secretary" wherever occurring and by inserting in lieu thereof the words "Minister or his delegate";
(d)	by omitting from paragraph (c) of subsection two of section 52c the words "Colonial Secretary" wherever occurring and by inserting in lieu thereof
the words "Minister or his delegate";
(e)	by inserting in section 53A after the word "Minister" the words "or his delegate";
(f)	by omitting from subsection one of section 53c the words "Colonial Secretary" and by inserting in lieu thereof the words "Minister or his delegate";

(g)

(g) by inserting next after section 53E the following new section :—

53F. (1) Where, in subsection one of section fifty-two, subsection two of section 52A, section

52B, paragraph (c) of subsection two of section

52c, section 53A or 53c of this Act, any power or function is expressed to be conferred upon the Minister or his delegate, the Minister may, by instrument under his hand, delegate to the extent, and subject to the conditions, specified in the instrument, that power or function to the person named in the instrument and may, in the like manner, revoke any such delegation.

(2) A reference to a delegate in a pro­ vision of this Act referred to in subsection one of this section shall mean the delegate appointed under that subsection to exercise or perform the power or function conferred by that provision.

(2) The Gaming and Betting Act, 1912, as amended

by subsequent Acts, is further amended—

(a) by omitting from section nine the words "or police";

(b) by omitting from section twenty-five the words "or

(c) (i) by omitting from paragraph (b) of subsection police";	(5B) of section fifty-one the words "Colonial
Secretary" and by inserting in lieu thereof the word "Minister";

(ii)   by omitting from paragraph (d) of the same subsection the words "police or";

(d)

(d)	by omitting from subsection two of section fifty- two the words "Colonial Secretary" and by inserting in lieu thereof the word "Minister";
(e)	by omitting from subsection three of section 52A the words "Colonial Secretary" and by inserting in lieu thereof the word "Minister";
(f)	by omitting from section 52c the words "Colonial Secretary" where firstly, secondly and thirdly occurring and by inserting in lieu thereof the word "Minister";
(g)	by omitting from section 52D the words "Colonial Secretary" wherever occurring and by inserting in lieu thereof the word "Minister";
(h)	by omitting from paragraph (a) of section 53E the words "Chief Secretary" and by inserting in lieu thereof the word "Minister";

(i)   by omitting paragraph (d) of subsection six of section 56c and by inserting in lieu thereof the following paragraph :—

(d) becomes a mentally ill person, a protected person or an incapable person within the meaning of the Mental Health Act, 1958, as amended by subsequent Acts;

(j)	by omitting from section 56K the word "Colonial" wherever occurring;
(k)	by omitting from subsection two of section 56L the word "Colonial";

(1) by omitting from paragraph (d) of subsection one of section 56M the word "fits" and by inserting in lieu thereof the word "fit";

(m) by omitting from section sixty the words "or police".

6. The Gaming and Betting Act, 1912, as amended by

subsequent Acts, is further amended—

(a) by inserting next after subsection one of section 56c the following new subsection :—

(1A) (a) The Board shall be a body corporate with perpetual succession and a common seal, and may sue and be sued in its corporate name.

(b) The corporate name of the Board

shall be "Greyhound Racing Control Board".

(c) Subject to paragraph (d) of this sub­

section, the Board shall be capable—

(i)   of purchasing, holding, granting, demising, disposing of or otherwise dealing with real and personal property;

(ii)   of erecting buildings on any lands held by it; and

(iii)   of doing and suffering all such other acts and things as bodies corporate may by law do and suffer.

(d) The powers of the Board in relation to real or leasehold property shall not be exercised except with the consent of the Minister and subject to such conditions as he may, in giving his consent, impose.

(e) The common seal shall not be

attached to any document except on resolution of the Board and shall be authenticated by the signatures of two members of the Board.

(f) All courts, judges and persons acting judicially shall take judicial notice of the common seal affixed to any document, and shall presume, until the contrary is proved, that it was properly so affixed.

(b)

P86115—2

(b) by inserting next after subsection two of section

56E the following new subsection :—

(3) The Board may by the rules—

(a)	provide for the appointment of an executive officer and a deputy executive officer from amongst its members; and
(b)	specify the respective powers, authorities, duties and functions of those officers.

(c) by inserting next after section 56H the following new section :—

56HA. (1) Without prejudice to the generality of subsection one of section 56H of this Act, the Board may make rules, pursuant to and subject to that section—

(a)	for or with respect to the powers, authorities, duties and functions of stewards appointed by the Board and in particular in relation to meetings for greyhound-racing;
(b)	conferring upon stewards appointed by the Board, to the extent and in the circum­ stances specified in the rules, the same powers in relation to meetings at which they act as are exercisable by the Board under subparagraph (hi) of paragraph (c) of subsection one of section 56G of this Act;

(c) for or with respect to the charges payable

appointed by the Board act at a meeting
for greyhound-racing held by the club;

by a greyhound-racing club when stewards

(d)

for or with respect to the extent to which and the circumstances in which, stewards appointed by the Board may exercise their powers, authorities, duties and functions to the exclusion of stewards of greyhound- racing clubs.

(2)

(2) Rules referred to in subsection one of this section may be made to differ in their appli­ cation according to different circumstances.

(d) by omitting subsections one, two, three and four of section 56i and by inserting in lieu thereof the following subsections :—

(1) Rules made pursuant to this Part of this Act shall—

(a) be approved by the Governor;

(b)	on being so approved, be published in the Gazette; and
(c)	take effect from the date of publication, or from a later date to be specified in the rules.

(2) Any rules in force immediately before the commencement of the Gaming and Betting and Liquor (Amendment) Act, 1967, shall not cease to be in force by reason only of the amendment made to this section by that Act.

(e) by inserting in paragraph (a) of subsection one of section 56M after the word "or" where firstly and secondly occurring the word "of".

7. The Gaming and Betting Act, 1912, as amended by

subsequent Acts, is further amended—

(a)	by inserting in section 58A after the word "Act" the words ", the Totalizator Act, 1916, as amended by subsequent Acts, or the Totalizator (Off-course Betting) Act, 1964, as amended by subsequent Acts,";
(b)	by inserting in the same section after the word "mentioned" where secondly occurring the words "and that such race, contest or course commenced at a time therein mentioned".

8. The Liquor Act, 1912, as amended by subsequent Acts, is amended by inserting at the end of section forty-four the following new subsection :—

(3) The conduct, on licensed premises or in the appurtenances thereof, of a lottery or game of chance pursuant to and in accordance with the provisions of section four or 4A of the Lotteries and Art Unions Act, 1901, as amended by subsequent Acts, shall not render any person liable to a penalty under the provisions of this section.

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