Gaming and Betting (Summary Offences) Amendment Act 1979 (NSW)

G A M I N G A N D B E T T I N G ( S U M M A R Y O F F E N C E S )

A M E N D M E N T A C T , 1 9 7 9 , N o . 7 4

A N N O V I C E S I M O O C T A V O

ELIZABETHE II REGINE

Act N o . 7 4 , 1 9 7 9 .

An Act to amend the Gaming and Betting Act, 1912, consequentially upon the enactment of the Summary Offences (Repeal) Act, 1979. [Assented to, 11th May, 1979.]

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

(Summary Offences) Amendment Act, 1979".

1. (1) This section and section 1 shall commence on the date

of assent to this Act.

(2) Except as provided in subsection ( 1 ) , this Act shall commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 .      The Gaming and Betting Act, 1912, is amended in the

manner set forth in Schedule 1.

SCHEDULE 1.

A M E N D M E N T S TO THE GAMING AND BETTING A C T , 1912.

(1) Section 15A—

After section 15, insert :—

1 5A. (1) Any person who, being a reputed cheat—

(a) loiters in or near licensed premises under the Liquor Act, 1912, the premises of a registered club under the Registered Clubs Act, 1976, or a house licensed under the Billiards and Bagatelle Act, 1902, or any other public place; and

67880G-18

SCHEDULE 1—continued.

A M E N D M E N T S TO THE GAMING AND BETTING A C T , 1912—

continued.

(b) has in his custody or possession an instrument of gaming or an instrument which is capable of being used for cheating,

shall be liable to a penalty not exceeding $400 or to
imprisonment for a term not exceeding 6 months.

(2) It is a sufficient defence to a prosecution for an offence under subsection (1) if the defendant satisfies the court that the instrument in his custody or possession was not intended to be used for an unlawful purpose.

(3) In subsection (1) (a) "public place"

means—

(a) a place (whether or not covered by water) ; or
(b) a part of premises,

that is open to the public, or is used by the public, whether or not on payment of money or other consideration, whether or not the place or part is ordinarily so open or used, and whether or not the public to whom it is open

consists only of a limited class of persons.

(4 ) Section 8 of the Crimes Act, 1900, does not
apply to the interpretation of the expression "public place"

in subsection (1) ( a ) .

(2 ) Section 17 ( a l ) —

After section 17 ( a ) , insert :—

( a l ) any game of chance at any table or instrument of

gaming;

SCHEDULE 1—continued.

A M E N D M E N T S TO THE GAMING AND BETTING A C T , 1 9 1 2 —

continued.

( 3 ) Section 1 8 —

After "game" wherever occurring, insert "or any trick of sleight of hand".

( 4 ) Section 2 0 —

After "game", insert "or any trick of sleight of hand".

( 5 ) Section 5 0 B ( 2 ) , ( 3 ) —

Omit "the Summary Offences Act, 1 9 7 0 , "	wherever
occurring.