Gaming and Betting (Further Amendment) Act 1985 (NSW)
GAMING AND BETTING (FURTHER AMENDMENT) ACT 1985 No.
177
^tfa J&flutJfy yO&nits ANNO TRICESIMO QUARTO
ELIZABETHS II REGINS
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Act No. 177, 1985
An Act to amend the Gaming and Betting Act 1912 with respect to unlawful
games and the places in which they are played. [Assented to, 4th
December, 1985.]
*• Act No. 177
Gaming and Betting (Further Amendment) 1985
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:
Short title
1. This Act may be cited as the "Gaming and Betting (Further
Amendment) Act 1985".
Commencement
2. (1) Except as provided by subsection (2), this Act shall commence
on the date of assent to this Act.
(2) Schedule 3, and section 3 in its application to that Schedule, shall commence on the day appointed and notified under section 2 (2) of the Search Warrants Act 1985.
Schedules
This Act contains the following Schedules:
SCHEDULE 1—AMENDMENTS TO THE GAMING AND
BETTING ACT 1912
SCHEDULE 2—AMENDMENTS TO THE GAMING AND
BETTING ACT 1912 RELATING TO PENALTIES
SCHEDULE 3—AMENDMENT TO THE GAMING AND BETTING
ACT 1912 RELATING TO SEARCH WARRANTS.
Amendment of Act No. 25, 1912
The Gaming and Betting Act 1912 is amended in the manner set forth
| in Schedules 1-3. | SCHEDULE 1 |
(Sec. 4)
AMENDMENTS TO THE GAMING AND BETTING ACT 1912
(1) (a) Section 17(1) (a)—
Omit ", manilla".
Gaming and Betting (Further Amendment) 1985
SCHEDULE I—continued
AMENDMENTS TO THE GAMING AND BETTING ACT 1912—
continued
(b) Section I7(l)(d)—
Omif the paragraph, insert instead:
(d) any game that involves, or any game in a series of games that involve, playing or staking against a bank that does not pass from one participant in the game or series of games to another— (i) by chance or by regular rotation among all the participants in the game; and
(ii) without any requirement to pay a charge or comply with any other condition.
(c)
Section 17 (1) (e), (f)— At the end of section 17 (1) (e), insert:
;or
(f)
any game of skill or chance or of mixed skill and chance (not in any case being a game excluded by subsection (3)) in which any money or valuable thing is staked or risked by a person upon an event or contingency specified by the
person.
(d) Section 17 (3), (4)—
After section 17 (2), insert:(3) Subsection (1) (f) does not apply to a game—
(a) that is played in a person's private dwelling-house—
(i) at the invitation of that person; and
4 Act No. 177
Gaming and Betting (Further Amendment) 1985
SCHEDULE I—continued
AMENDMENTS TO THE GAMING AND BETTING ACT 1912—
continued
(ii) in a domestic situation pertaining to that person and dwelling-house; or
(b) that is played otherwise than as provided by paragraph (a) unless— (i) there is a person, other than a participant in the game, who receives a payment or other benefit from the playing of the game; or
(ii) a payment or other benefit is given or sought for the right to participate in the game or for the right to enter the land or premises on which the game is played.
(4) In any proceedings in relation to a game alleged to be an unlawful game referred to in subsection (1) (f), it shall be presumed, unless the contrary is proved, that the game was not a game referred to in subsection (3) if not less than 9 persons (including participants in the game) were in the vicinity of the playing of the game.
(2) Section 21A—
After section 21, insert:
Instruments of gaming
21A. In sections 22 and 25, the expression "instruments of gaming" includes, without limiting its generality—
(a) playing-cards, dominoes, dice and chips or counters; (b) any list, book, card or other document; and
(c) any other thing,
that might reasonably be suspected of having been used in, or in
connection with, the playing of an unlawful game.
(3) (a) Section 28 (1)—
Omit "a place is", insert instead ", at the time of the making of the affidavit, a place was".
Gaming and Betting (Further Amendment) 1985
SCHEDULE I—continued
AMENDMENTS TO THE GAMING AND BETTING ACT 1912—
continued
(b) Section 28 (1)— After "may", insert ", on application made within a reasonable time after the making of the affidavit,".
(c) Section 28 (1)— After "gaming-house" where secondly occurring, insert "whether or not, at the time of the declaration, the place is used as a gaming-house".
(4) Section 28A—
After section 28, insert:
Alternative declaration as gaming-house
28A. (1) In this section—
"instruments of gaming" has the same meaning as it has in
section 22.
(2) Where, upon application made for the purposes of this
section, the Supreme Court is satisfied that any means,contrivances or instruments of gaming, or any sums of money
the place had been, or was being, used as a gaming-house, the or securities for money were found in a place in circumstances which appear to the Court to raise a reasonable suspicion that Court shall declare the place to be a declared gaming-house unless it is proved that the place was not, at the time of the finding, and had not been for a reasonable time preceding the finding, used as a gaming-house.
(5) Sections 29 (1), 30 (1), 31, 32 (1), 33, 34, 35—
After "28" wherever occurring, insert "or 28A".
6 Act No. 177
Gaming and Betting (Further Amendment) 1985
SCHEDULE I—continued
AMENDMENTS TO THE GAMING AND BETTING ACT 1912—
continued
(6) Section 35 (4)—
After section 35 (3), insert:
(4) In this section—
"instruments of gaming" has the same meaning as it has
in section 22.
(7) (a) Section 37 (1) (a)—
Omit "that place", insert instead "or re-entering that place or any part of that place".
(b) Section 37 (1) (b)—
After "entry" wherever occurring, insert "or re-entry".(c) Section 37 (3)—
After section 37 (2), insert:
(3) In subsection (1), "instrume .; of gaming" has the same meaning as it has in section 22.
(8) Section 37A— After section 37, insert:
Obstructing member of the police force
37A. Where a member of the police force is authorised under
this Part to enter a place, r person shall not—
(a)
wilfully prevent the member of the police force from entering or re-entering that place or any part of that place; or
Gaming and Betting (Further Amendment) 1985
SCHEDULE I—continued
AMENDMENTS TO THE GAMING AND BETTING ACT 1912—
continued
(b)
wilfully obstruct or delay the member of the police force from entering or re-entering that place or any part of that place.
Penalty: $ 1,000 or imprisonment for 6 months.
SCHEDULE 2
(Sec. 4)
AMENDMENTS TO THE GAMING AND BETTING ACT 1912
RELATING TO PENALTIES
(1) Section 18—
Omit "$200 or imprisonment for three months", insert instead
"$2,000 or imprisonment for 12 months".
(2) Section 20—
Omit "$100", insert instead "$500 or imprisonment for 6 months".
(3) Section 21—
Omit "$500", insert instead "$2,000".
| (4) Section 23— |
Omit "$1,000", insert instead "$2,000".
(5) Section 24—
Omit "$100", insert instead "$1,000".
(6) Section 32 (2)—
Omit "$500", insert instead "$1,000".
8 Act No. 177
Gaming and Betting (Further Amendment) 1985
SCHEDULE 2—continued
AMENDMENTS TO THE GAMING AND BETTING ACT 1912
RELATING TO PENALTIES—continued
(7) Section 33—
Omit "$1,000", insert instead "$2,000".
(8) Section 34—
Omit "$1,000", insert instead "$2,000".
SCHEDULE 3
(Sec. 4)
AMENDMENT TO THE GAMING AND BETTING ACT 1912
RELATING TO SEARCH WARRANTS
Section 22 (3) (a), as inserted by Act No. 38, 1985—
After "place", insert "and any person in that place".
| 51011-09218—66 |
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