Gaming Suppression Act 1897 (SA)

ANNO SEXAGEISPM0 Err SEX AGES1 MO P121M0

VICTOKIB ItEGINB.

No. 685.

An Act for the further Suppression of Gaming, and for

othcr purposes.

[Assenfrd to, December ~ r t k, 1897.1

B E it Ellacted by the Governor, with thc advice and consent of the Par1iamc:nt of Sou111 Aus ld ia, as follows:

1, h this Act the ~ 0 l. d ~ - Definition.

This Act " shall mean mltl incluclc? '' T h e Lottery and Gaming

,4ct, 1875," '- Y11c 'l'otalizator Rcpcal Act," and Thc

Lot ten anti (+;trni~rg Act Amendment Act, 1N38 ":

dL('onrt" shall mcan a i l ~ S p ~ c i d Magistrate, or two or more

Justices, sittiirg RC; a ('ourt of Summary Ju~isdictiorr	under
the provisions of Act Yo. 6 of 1850:

pa?~l i r or ,wi\ il Lr), inr*loscd or otherwisc:

cLl'lnce" shdl rncau anti illclitde any house, office, room, tent, ship,

building, crcvtion, ~.o:ad, street, thoronghfitre, alley, right-

of-mav (either pr ~blic or private), und all land (whether

60" & 61" VICTORIE, No. 685.

The Gaming Flirther Suppression Act.-1897.

Probibikionofl~etth

with persona under 2. Any person who shall make any bet or wager with any person

who is under the age of twenty-one years, or shall offer to make any

age. such bet or wager, shall be liable to a penalty of not more than One Hundred ~ o u i d s, or to imprisonment for any term of not more than six months, with or without hard labor.

Betting under 3, Any person who, being under the age of twenty-one years,

twenty-one years.	shall make a bet or wager with any other person, o r shall o f - r to
make any such bet or wager, shall be liable to a penalty of not morc
than Twenty Pounds.

Bereiving money h 4, Any person who shall, either directly or indirectly, receive

gamins fmm

from any person under thc age of twcnty-one years any money or auy valuable thing upon the understanding or agreement, either expressed or implied, that such money or valuable thing shall br placed in or used, either directly or indircctly, for the purpose of any totalizator or sweepstakes, or betting or wagering, shall be liable to a penalty of not more than One Hundred Pounds, or to imprisonment with or without hard labor for any term not exceeding six months.

Promoting eweep-

5. Any person who shall, for fee, commission, reward, share, or interest, carry on any sweepstakes, or shall pay, deposit, or receive any money or valuable thing for or in respect of or relating to any such sweepstakes carried on as aforesaid, or shall give or receive any card, ticket, paper, document, or othcr thing relating to or in connection with any such sweepstakes, shall be guilty of an offence under this Act, and liable to a penalty not exceeding One Hundred Pounds, or imprisonment for any term not more than six months, with or without 11ard labor.

for

Totalizator agenta 6, No person shall for fee, commission, reward, share, or interest

prohibited.	of any kind whatever, or upon any understanding or agreement, either express or implied, for such fec, cominission, reward, share, or
interest, receive from any other person any money for the purpose of placing, investing, or depositing the saul e in any totalizator,
licenscd or otherwise, or shall receive m y money upon any such agreement, understanding, or intentiou that such money shall be so invested, placed, or deposited; and ally person acting ill contraven- tion of this section shall be liable to a penalty of not more than One Hundred Pounds.

Licence to use 7, Every application for a licence for the use of the totalizator

.	totalizator.	undcr " The Lottery and Gaming Act Amendment Act, 1888," shall
be m d e in writing (in the form in Schedule A hereto or to the like
effect) by the chairman or secretary of the club seeking to be licenscd.

Term of licence. 8,

Every such licerice as aforesaid shall be in force from the first day of January next after the making of such application until the succeeding thirty first day of December (both dates inclusive); and

such

60" & 61" VICTORIE, No. 685.

The Gaming Further Suppr~ssion Act.--1 897.

such licence shall entitle the club therein mentioned to use the totalizator upon the racecourse of such club upon the days only in such licence specified. Not more than one licence shall be granted .to any one club during any one year.

9, The Commissioner of Police shall cause to be published in the Gazette notice.

Government Gazette, in the month of January in each year, particulars of all licences granted for such year, with the names of the clubs to which such licences have been granted, and the racecourses whereon and the dates upon which any such clubs are liceused to use the totalizator.

10, I t shall be lawful for any Special Magistrate or Justice of the Powere of the police.

Peace, upon complaint or information upon oath before him that there is reason to suspect that an offence is being or is about to be committed against this Art, in or upon any place, to give authority by warrant under his hand (in the form in Schedule B to this Act appended or to the like effect) to ally constable, with such assistance as may be necessary, to enter into a d upon and search such place a t any time in the day or night, and if necessary to ~ l sc force in making

such entry, whcthcr by breaking opcn doors or otherwise, a d to

arrest a d b r i q before a Special Magistrate or two Justices of the Peace a11 such persons as may be found tlrlcrcin or thereupon, and scizc all such lists, cards, papers, documents, or things found therein or tllcreupon or 1q)on such persons as may reasonably be supposed to have been used or rlesigned for use in coimection with or relation. to such susyectcd oH'cnce, and to detain the same until the owner or owners thereof shall appear before

a Special Magistrate or two Jwtices of the Peace to claim the

same and satisfy such Magistrate or Justices how a id for what purpose he or they became possessed of the same, and for what use or purpose the same were intended. ,4nd if the said owner or owners do not appear before such Magistrate or JusLices wit,hiri four clap aftcr such seizure, or if he o r they do sd a1)pear and do not show	to the satisfaction of such Magistrate or two Justices after due
examination that such lists, cards, papeix, documents, or other
thiiigs wcrc not in or upon such house, office, room, or place, or upon such persons for the purpost of being used in relation to or connection with any matter made unlawful by this Act, then such Special Nagistrate or Justi ccs may con fisctl te such lists, cards, papers, documents, and things, or otherwise dispose of them as they may deem fit.

11. On the hearing of any infonliation for any ofl'ence under this P W O ~.

Act the proof to the satisfaction of the Court that any money or

ralnnble thing was given to or rcccived, or paid by the accused

person in relation to any offence u d e r this Act, and under circurn-	.
stances which to the Court shag raise s reasonable suspicion that such money or valuable thing was given to, ur received, or paid by such accused person in contravention of this Act, shall be deemed prinld fucie evidence of the commission by the accused of the offence charged against him in such information.

12, It

60" & 61" VICTORIW, No. 685.

The Gaming firther Suppression Act,-1 897.

Power to amend,	12, It shall be held sufficient in any information under this Act if such information shall give the accused n reasonably clear and intelligible statement of the offence with which he is charged, and no conviction or warrant of commitment shall be held void, invalid,
or quashed for any def'ect in substance or in form; and the Court
shall amend every information which in their opinion is defective or ought to be amended, upon such terms as to costs, adjournment, or otherwise as the Court may think fit, and any Special Magistrate may amend any conviction or warrant of commitment at any time after the same has been signed and before the same has been executed.

Bummmyjuri~di~tion. 13. All proceedings under this Act shall, except as herein

provided, be conducted as appointed by and shall be regulated by the Ordinance No. 6 of 1850, i n tituled an Ordinance " To facilita,te

the performance of the Thties of Justices of the Peace out of

Sessions, with respect to Summary Convictions and Orders," or any

Act or Acts amending the same.

Accomplice. 14. No membcr of the Policc Force or special constable acting

under instructions from any police authority shall be deemed to be an accomplice in the commission of any offence against this Act or " The Lottery and Gaming Act, 1875," although such member or constable might but for this Act have been deemed to be such accomplice.

*

Certain gamea un- 15, The games, tricks, or devices commonly known as the purse

lawful. trick and the three card trick respectively are hereby declared to Fe unlawful within the meaning of " ~ h e - ~ o t t e r ~ and Gaming Act, 1875."

Exemption. 16, This -4ct shall not prevent the receipt, subscription, or pay-

ment of any money as entrance or nomination fees in respect of any lawful race, game, sport, or exercise, or as part of the prize or stakes

therefor.

Totalizator exempted. 17, Nothing in this Act shall be held to repoal any of the pro-

visions of The Lottery and Gaming Act, 1888," relating to the use

of the totalizator pursuant thereto.

Appeal to the Ade- 18. ' he re shall be an appeal from any conviction by ally Special

Magistr:i,tr or Justices fbr any off encr ap ins t this Art, and from

laid' FUU Jurirrdiction. Court of

any order dismissing the information or complaint or declaring any forfiiture, and from any other order, whether for the payrnerlt of costs or otherwise, made or purporting to be made under or in pursuance of this Act. Every such appeal shall be to the Local Court of Adelaide of Full Jurisdiction onlv, and thc proceedings on each such appeal shall be conducted in "the manner appointed by the Oitlinance No. 6 of 1850 for appeals to the Local Courts, or any Act or Acts amending the same, but thc Local Court of Adelaide aforesaid may make such order as to the payment of the costs of appeal as it shall think fit although the amount of such costs niay

exceed Ten Pounds. 19, The

60" & 61" VICTORIA, No. 685.

19, The Local Court of Adelaide of Full Jurisdiction, upon hearing of appeal

hearing of any appeal under this Act, may state a special case for may ,t,te

the opinion of the Supreme Court, which shall hear and decide apecialcaBa

such special case according to the practice of the Supreme Court on

special cases, and shall make such order as shall seem to it just as to

the costs of any such special case.

20. This Act may be cited for all pnrposes as G The Gaming Short title.

Further Suppression Act, 1897 ."

In the name and on behalf of Her Majesty, I hereby assent to

this Bill.

T. F. BUXTON, Governor.

60" & 61" VICrI'OKIE, No. 685. --

The Gaming Further Suppression Act.- 18%'.

SCHEDULES.

SCHEDULE A.

Form of Application far Licence.

To Esq., Commissioner of Police.

I, the undersigned, being the of the Racing Club called

do hereby apply on behalf of such club for a licence under the

" Lottery and Gaming Act Amendment Act, 1888," for the said club to use the

totalizator on the racecourse situate at	during the year 18	,	upon
the days hereunder specified.

[Here specify dates.]

Dated the day of 18 .

SCHEDULE B.

Search Warrants.

SOUTH AUSTRALIA f to wit).

To

Whereas i t appears to me, , a Justice of the Peace, acting

in and for the Province of South Australia, that there is reason to suspect that an offence is being or is about to be committed against "The Gaming Further Sup- pression Act, 1897," in or upon a certain place, to wit

This is therefore to authorise and require you, with such assistance as may be necessary, to enter into and upon and search such place at any time, and, if necessary, to use force in making such entry, whether by breaking open doors or otherwise, and to arrest and bring before a Special Magistrate or two Justices of the Peacc all such

persons aa may bc found therein or thereupon, and to seiee all lists, cards, papers, documents, or things found upon such persons or in or upon such place, as may be	reasonably supposed to have been used or designed for use in connection with or in
relation to any such suspected offence, and to detain any such lists, cards, papers, documents, or things so found, to be dealt with according to law : And for so doinp this shall be your warrant.

Given under my hand this

day of 189 .

--

-

Adelaide: By authority, C. E. ERISTOW, Government Printer, North-terrace.