Racing and Betting Act Amendment Act 1982 (Qld)

120 Queeztgiianb ANNO TRICESIMO PRIMO ELIZABETIIAE SECUNDAE REGINAE No. 12 of 1982 An Act to amend the Racing andBetting Act 1980-1981 in certain particulars [ASSENTED TO 20TH APRIL, 1982]

Racing and Betting Act Amendment Act 1982, No. 12 121 BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Racing and Betting Act Amendment Act 1982. (2) In this Act the Racing and Betting Act1980-1981 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Racing and Betting Act1980-1982. 2. Commencement . (1) Subject to subsection (2), this Act shall commence on the day on which it is assented to for and on behalf of Her Majesty. (2) Sections 5 to 11 (both inclusive) shall be deemed to have commenced on the day the Racing and Betting Act and Another ActAmendment Act1981 commenced. 3. Amendment of s. 117. Section 117 of the Principal Act is amended by- (a) in the first paragraph- (i) in subparagraph (e), omitting the expression " purpose." and substituting the expression " purpose; "; (ii) inserting after subparagraph (e) the following subparagraph:- (f) to enable trustees appointed under the RacingVenuesDevelopment Act1982 to establish, extend or develop land placed under their control as racing venues and for such other purposes as are specified by Order in Council made under section 4 (1) of that Act."; (b) adding at the end of the section the following paragraph:- Moneys paid for a purpose referred to in subparagraph (f) may be paid to the trustees concerned whose receipt therefor shall be a sufficient discharge to the permanent head who shall not be accountable for the proper application of the moneys.". 4. Amendment of s. 126A. Corporation may acquire property . Section 126A of the Principal Act is amended by- (a) in the first paragraph, inserting after the words " developing the land " the word " principally "; (b) inserting after the first paragraph the following paragraph:- The provisions of the preceding paragraph do not prohibit the use of the land or the application of those moneys for any purposes other 5

122 Racing and Betting Act Amendment Act 1982, No. 12 than those referred to in that paragraph provided that the land is used principally as a racing venue.". 5. Repeal of and new s. 218. Prosecution and penalty for unlawful bookmaking , opening, keeping or using common betting house. The Principal Act is amended by repealing section 218 and substituting the following section:- " 218. Prosecution and penalty for unlawful bookmaking , opening, keeping or using common betting house. (1) A person who contravenes section 214, 216 or 217 commits an offence against this Act, which is a misdemeanour, and, subject to subsections (3) and (5) and section 237 (4), is liable- (a) for a first offence, to a penalty not less than $15 000 and not more than $20 000; (b) for a second offence, whether against the same or another provision of those sections or any of them, to a penalty not less than $20 000 and not more than $30 000; (c) for a third or subsequent offence, whether against the same or another provision of those sections or any of them, to a penalty not less than $30 000 and not more than $50 000. (2) Notwithstanding any other provision of law or any rule of law or practice a person who, having been arraigned before a court of competent jurisdiction (whether consequent upon his committal for trial or otherwise), has pleaded not guilty shall be tried by a Judge of that court sitting alone. (3) If a Judge before whom a person has been convicted of an offence referred to in subsection (1) is satisfied that in the particular case there are special circumstances that make it just so to do, he may impose a penalty less than the minimum penalty prescribed by subsection (1) for that offence. (4) A person charged with an offence against any provision of section 214, 216 or 217 may upon his trial be convicted of any offence against any other provision of the section that he is alleged by the charge to have contravened that is established by the evidence in lieu of the offence with which he is charged. (5) Where within a period of 12 months different persons commit offences against a provision of section 214, 216 or 217, whether the same provision or different provisions, in respect of the same place, then- (a) the person who commits the second of such offences shall be deemed to have committed a second offence and shall be liable to the penalty prescribed by paragraph (b) of subsection (1); and (b) the person who commits the third or subsequent such offence shall be deemed to have committed a third or subsequent

Racing and Betting Act Amendment Act 1982, No. 12 123 offence and shall be liable to the penalty prescribed by paragraph (c) of subsection (1).". 6. Repeal of s. 218B . Appeal from District Court orders . Section 218E of the Principal Act is repealed. 7. Amendment of s. 232 . General power of arrest without warrant. Section 232 of the Principal Act is amended by, in subsection (2), omitting the words " before justices, being a Judge of District Courts where this Act so requires or other justices in any other case " and substituting the words " against that person under the Justices Act1886-1980 ". 8. Amendment of s. 232A. Police officer may grant bail for offence against s. 214 , 216 or 217 . Section 232A of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section omitting the words " or 217 " and substituting the words ", 217 or 219 "; (b) omitting the words " or 217 " and substituting the words ", 217 or 219 ". 9. Amendment of s. 237. Proceedings for offences . Section 237 of the Principal Act is amended by- (a) in subsection (1), omitting from subparagraph (b) the words " (other than for an offence against section 214, 216 or 217) "; (b) in subsection (2), inserting after the word " complaint " where firstly occurring the words " or on indictment "; (c) in subsection (3), omitting the words " a court " and substituting the words " a Magistrates Court "; (d) omitting subsection (4) and substituting the following subsection:-- " (4) For the purposes of this Act, a conviction of an offence against this Act by a person who at the time of his conviction has previously been convicted of an offence against this Act committed before or after his committing the firstmentioned offence shall be taken to be a conviction for a second, third or subsequent offence, as the case may be, against this Act.". 10. Amendment of s. 238. Time limits for payment of penalties. Section 238 of the Principal Act is amended by, in subsection (1)- (a) inserting before the word "justices ", where firstly occurring, the words " Judge or "; (b) omitting the words " the justices ", where secondly occurring, and substituting the words " he is or they ".

124 Racing and Betting Act Amendment Act 1982, No. 12 11. Amendment of s. 247. Personal appearance before court of offenders against certain sections . Section 247 of the Principal Act is amended by inserting after the words " the complaint " wherever occurring the words " or charge ".