Lotteries and Art Unions (Amendment) Act 1922 (NSW)

LOTTERIES AND ART UNIONS

(AMENDMENT) ACT.

Act No. 15, 1922.

An A c t to amend the Lo t t e r i e s and A r t Unions

Ac t , 1901 ; and tor o ther purposes. [Assented

to , 19 th Oc tobe r , 1922 . ;

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

1 . (1) Tin's Act may he cited as the "Lotter ies and

Art Unions (Amendment) Act, 1922."

(2) This Act shall not come into operation until

the first day of January, one thousand nine hundred

and twenty-three.

2 . The Lotteries and Art Unions Act, 1901, herein­

after in this Act referred to as the Principal Act, is
amended in the following respects :—•

( 1 )	by inserting in section three the word " l a n d "
before the word "goods" wherever occurring
in that section ;

ment, information, or notice; relating in any way to any

(2) by inserting in subsection three of section five

after tin; word "indirectly" the words "o r

spirituous or fermented liquors or tobacco in

any form."

3 . The Principal Act is further amended by adding

to section three the following new subsections:—

(3) Whosoever prints or publishes any advertise­

any such sale or disposition of land, goods, wares, or merchandise, made or to be made, shall be liable to a penalty not exceeding fifty pounds.

(4) Whosoever sells or offers for sale any ticket or share in any lottery or raffle, or accepts any money in respect of the purchase of any such ticket or share, shall be liable to a penalty not exceeding

live pounds.

(51 Whosoever prints any ticket to be sold, in connection with any lottery or raffle shall be liable to a penalty not exceeding ten pounds.

4 .     The Principal A c t is further amended by omitting

' section four and in lieu thereof inserting the following

new section :—

4. (1) Where a bazaar or fancy fair is held for raising funds in aid of any eleemosynary or charit­ able institution, either separately or in conjunction with or in the same building or enclosed space as an
entertainment of any kind held for a like purpose

and not for private gain, the sale of goods, wares, and merchandise other than spirituous or fermented liquors or tobacco in any form may be effected at

such bazaar or fancy fair by lottery or raffle :

Provided that no goods, wares, or merchandise shall be so sold unless they are exposed for sale at the bazaar or fancy fair, and no shares or tickets in the lottery or raffle shall be sold or offered for sale at any place other than at the bazaar or fancy fair, or in the same building or enclosed space as the case

may be. (2) None of the provisions of the third section	of this A c t shall be deemed or construed to extend
or relate to any such lottery or raffle at a bazaar or fancy fair as is authorised by this section.

5.     The Principal Ac t is further amended by omitting

section nine and inserting the fol lowing new sections : —

9. Whosoever contravenes any of the terms of

such charter, deed of partnership, or instrument

mentioned in section six of this A c t shall be liable
to a penalty not exceeding twentv pounds.

10. The Attorney-General may at any time by notice in writing; under his hand call upon the association to whom any charter has been granted or any of the parties to any deed of partnership or other instrument constituting an association for the purposes mentioned in section five of this Act , to lodge with him within a time to be specified in the notice a balance-sheet showing the receipts,

disbursements and dispositions of all moneys
received by or on behalf of the association, and to produce to such person and at such time or place as is mentioned in the notice all books, documents, and vouchers relating to the lottery conducted by the association.

11. The Attorney-General may at any time by notice in writing under his hand call upon the promoter, secretary, treasurer, or any one of the committee (or any person who purported to act in any such capacity) of any bazaar or fancy fair to lodge with him a balance-sheet showing the whole of the receipts and disbursements in connection with any rathe or lottery conducted at the bazaar or fancy fair within a time to be specified in the notice, and to produce to such person and at such time and place as is set out in the notice any books, documents, and vouchers relating to the raffle or lottery.

12. W h e n any such balance-sheet, books, docu-:

ments, or vouchers have been produced in accordance

with a notice given under either of the last two preceding sections the Attorney-General may direct
that the same shall be handed to the Auditor-
General, who is hereby authorised and directed to receive, examine, and audit the same and for that

purpose to make such inquiries as to him shall

seem proper and necessary, and to report the result

of his audit to the Attorney-General.

13. (1) Whosoever is required to lodge a balance-

sheet or to produce any books, documents, or

vouchers in accordance with sections eleven and twelve of this A c t , and who fails to do so within the

B time

time specified in that behalf in the notice given to him shall be liable to a penalty not exceeding fifty pounds.

(2) "Whosoever refuses to answer the inquiries made by the Auditor-General shall he liable to a penalty not exceeding titty pounds.

14. Whosoever with intent to defraud or deceive any other person —

(a)	alters or falsifies any books, documents, or vouchers relating to a lottery or raffle ;
(b)	makes or concurs in the making of any false or fraudulent entry in any book, document, or voucher relating to a lottery or raffle ; or
(c)	omits or concurs in omitting any material particular from any book, document, voucher or balance-sheet relating to a lottery or raffle,

shall be guilty of an indictable offence and shall be liable to imprisonment for a term not exceeding- five years.

6 . The Principal Act is further amended by adding

the following new section :—

15. Any prize unclaimed by the person holding the ticket entitling h i m thereto, or by some person duly authorised in that behalf, for a period of three months after the drawing of the lottery or raffle, shall be sold by public auction under the direction of the Attorney-General, and the proceeds of the sale paid into the fund for which the association

the bazaar or fancy fair was held, as the case	was formed, or to the institution in aid of which
may be.

7 . The Principal Act is further amended by adding

the following- new heading and section :—

Offences.

16. Whosoever is concerned in the conducting of the lottery for which an association has been formed under the provisions of this Act or of any raffle or lottery held at any bazaar or fancy fair and converts

to

to his own use any of the prizes or any part of the moneys r a i s e d by means of such lottery or raffle shall be guilty of an indictable offence, and shall be liable to imprisonment for a term not exceeding live years.

3 . The Principal Act is further amended by adding

the following new section :—

17- Whosoever with intent to defraud conducts, or concurs in conducting, the drawing of any lottery or raflle in such a manner or under such conditions that all persons who have purchased tickets or shares
in the lottery or raffle have not an equal chance of

drawing a prize, shall be liable to a penalty not

exceeding one hundred pounds.

9 . The Principal Act is further amended by adding

the following new section : —

18. Whosoever—

(a)	in a street, sells or oilers for sale any ticket in a lottery; or
(b)	in a, right-of-way, doorway, or on any private land adjoining a street, sells or offers for sale to any person in such street, any ticket in a lottery,

shall be liable to a penalty not exceeding ten
pounds.

1 0 .     The Principal Act is further amended by adding

the following new heading and sections :—

Foreign lotteries.

19. The expression foreign lottery in this Act

means any lottery conducted or to be conducted

outside the State of New South Wales and whether
legal in the place where it is conducted or not, or

whether it is described as a lottery, or as a sweep, consultation, or golden casket, or called by any other name or designation.
20. Whosoever prints or publishes any advertise­ ment, notice, or information relating to a foreign lottery in furtherance of the conduct of the lottery or announcing its result or displays upon any premises in his occupation any card, poster, or notice relating to a foreign lottery in furtherance

of

of the conduct of the lottery or announcing its result shall be liable to a penalty not exceeding two hundred pounds.

21. Whosoever sells or oilers for sale or accepts any money in respect of the purchase of any ticket or share in a foreign lottery shall be liable to a penalty not exceeding twenty pounds.

1 1 . The Principal Act is further amended by adding

the following new heading and section :—

Penalties.

22. Any penalty imposed by this Act may be recovered in a summary way before any stipendiary or police magistrate or any two justices of the peace in petty sessions.