Racing and Betting Act of 1954 (3 Eliz Ii No. 54) (Qld)

GAMING. 3 E liz . II. No. 54, 1954. Racing and Betting Act . FRIENDLY SOCIETIES. See S ocieties . 97 GAMING. An Act to Consolidate and Amend the Law relating 3 Iris” to the Regulation of Horse Racing andAT^^AS Coursing, the Operating of Totalisators,ACT 011954 Betting by and with Bookmakers, and the Suppression of Unlawful Betting; and to provide for matters incidental thereto or consequent thereon, and for other purposes. [A ssented to 21 st D ecember , 1954.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same as follows:— I. P art —P reliminary . P reliminary . 1. (1.) This Act may he cited as “ The Racing and Short titio. Betting Act of 1954.” *(2.) Except as herein otherwise provided, this AetCommenc - shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. 2. This Act, including every Proclamation, Order in Construction Council, regulation, and rule hereunder, shall be read andof Aot' construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, regulation, or rule hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power. 3. This Act is divided into Parts as follows:— Parts of Act. P art I. —P reliminary ( ss . 1-6); P art II. —A dministration ( ss . 7-15); III. P art —P etitions and R eferendums ( ss . 16-28);* * Commenced 1 July 1955, see Proc. pubd. Gaz. 18 June 1955, p. 869.

98 P art I. — P reliminary . GAMING. Boeing and Betting Act. 3 E liz . II. No. 54, IV. P ast —R egulation oe H orse R acing and C oursing ( ss . 29-55); P art V. —T otalisators ( ss . 56-71); VI. P art —B ookmakers ; Division I.—On the Course Betting (ss. 72-78); Division II.—Off the Course Betting (ss. 79-95); Division III.—General (ss. 96-104); P art VII. —U nlawful B etting ( ss . 105-118) ; P art VIII. —M iscellaneous ( ss . 119-146) ; S chedules . Repeals and 4. The Acts specified in the First Schedule to this FSairvsitngs. Act are repealed to the extent in that Schedule Sch. indicated: Provided that, but without limiting the operation of *“ The Acts Interpretation Act of 1954,”— (i.) Every warrant, order, and generally every act of authority originated under any enactment repealed by this section and subsisting immediately prior to the repeal of that enactment shall continue in full force and effect and shall so far as is consistent with this Act be deemed to have been originated under and for the purposes of this . Act; (ii.) Every inspector of totalisators and every other officer appointed under any enactment repealed by this section and holding office immediately prior to the repeal of that enactment shall be deemed to have been appointed under and for the purposes of this Act to the office held, and shall, subject to this Act, continue to hold such office in terms of his appointment thereto without further or other appointment under this Act; (iii.) All penalties and forfeitures imposed under any provision of any enactment repealed by this section and incurred at the repeal of that enactment shall and may be enforced as if the repealed enactment had not been repealed; * 3 Eliz. 2 No. 3.

1954. GAMING. RacingandBettingAct. 99 P ast I.— P reliminary . (iv.) All actions and proceedings under any enactment repealed by this section commenced or pending when that enactment is repealed may be carried on and prosecuted as if such repeal had not been made, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything contained in this Act; (v.) When in any other Act (including any Order in Council, regulation, or other instrument thereunder) reference is made to any enactment repealed by this section, it shall be taken, unless the context otherwise indicates or requires, that that reference is to this Act or, as the case requires, to the corresponding provision of this Act, and that reference shall be read and construed accordingly; (vi.) There shall be set off against the amount of bookmaker’s permit tax payable by a person under this Act for the financial year commenced on the first day of July, one thousand nine hundred and fifty-four, any amount paid by that person for that financial year in respect of the similar tax under the enactment repealed by this section; and (vii.) The amendment of subsection four of section two of *“ The Anzac Day Act of 1921,” made by section twenty-six of f“ The Racing Regulation Amendment Act of 1930,” shall continue unaffected by the repeal of the said enactments. 5. The Acts specified in the first column of the Amendment* Second Schedule to this Act are amended as respectively Aetsrtam specified in the second column of that Schedule. Second Sch. 6. (1.) In this Act, unless the context otherwise Meaning of indicates or requires, the following terms shall have the*61™8' meanings respectively assigned to them, that is to say:— “Approved ”—In relation to a club, approved as Approved, prescribed for any purpose of this Act; * 12 G. 5 No. 13. t 21 G. 5 No. 27.

100 P art I.— P reliminary . Arrest. 22 Geo. V. No. 27, s. 2. Athletie club. 14 Geo. V. No. 23, s. 2. Athletic ground. 14 Geo. V. No. 23, 8. 2. Athletie meeting. 14 Geo. V. No. 23, s. 2. Board. Bookmaker. 14 Geo. V. No. 23, s. 2. Club. Commis- gioner of Stamp Duties. 14 Geo. V. No. 23, s. 2. GAMING. Racingand Betting Act. 3 Buz. II. No. 54, “Arrest ”—Used with reference to persons, arrest without warrant other than this Act and the taking of such a person to a police station, police office, watch-house, station- house, or lock-up, there to be detained (unless he is released upon bail by recognizance or on deposit of money by way of bail) until he can be brought before a court to be dealt with according to law ; “Athletic club ”—Includes any body or other association of persons, whether incorporated or unincorporated (but does not include an individual person), promoting, conducting, or controlling, or formed for promoting, conducting, or controlling athletic meetings or any athletic meeting ; “Athletic ground ”—A place at any material time used for the purpose of conducting an athletic meeting; “ Athletic meeting ” —A meeting wholly or principally for footrunning, bicycle racing, and similar contests, or any such contests, but not including a meeting wholly for playing football, cricket, or similar games ; “ Board ”—The Off The Course Betting Control Board constituted under and for the purposes of this Act; “ Bookmaker ”—Includes any person who carries on the business of or acts as a bookmaker or turf commission agent, or who gains or endeavours to gain his livelihood wholly or partly by betting; “ Club ”—A racing club or a coursing club and, in Part VII., includes an association of persons (whether a racing club or a coursing club or not) having for its object, or one of its objects the conduct of any sport, fight, game, exercise, or pastime; “ Commissioner of Stamp Duties ”—The Commissioner of Stamp Duties appointed under *“ The Stamp Acts, 1894 to 1954 ” : The term includes any Deputy Commissioner of Stamp Duties appointed under those Acts; * 58 V. No. 8 and amending Acts.

1954. GAMING, Racing and Betting Act. 101 PAKf i.— P beliminaby . “ Committee ”—Used with reference to a club or Committee, an athletic club, the committee or other governing body of that club at any material time ; “ Complaint ”—Includes charge ; complaint. “ Coursing ”—The running of dogs in competition ^'^*gy one against the other or one or more than no . 23 ,’ s. 2 . one against others, whether in pursuit of a quarry or a moving object or as a test of speed; “Coursing club”—Includes any body or other Coursing association of persons (whether incorporated or ^Qeo y unincorporated) promoting, conducting, or No. 23 , s. 2 . controlling, or formed for promoting, conducting, or controlling, coursing or any coursing; Coursing ground”—A place at any materialCou^®"g time used for the purpose of conducting af^Geo v. coursing meeting; No. 23 ,s. 2 ; 21 Geo. V« No. 27, s. 2. Coursing meeting ”—Meeting for any coursing ; Court ”—Petty Sessions ; court. “ Elector ”—Used in relation to any Electoral Elector. Zone, a person named as such in the electoral, roll for any of the electoral districts into which that Electoral Zone is for the time being divided under *“ The Electoral Districts Act of 1949 ” ; “ Electoral roll ’’—The electoral roll of electors Electoral entitled under f“ The Elections Acts, 1915 to ro11' 1952,” to vote at the election of a member of the Legislative Assembly of Queensland for an electoral district; “Electoral Zone”—Any of the four zones of Electoral representation into which the State 0fZon8- Queensland is divided by *“ The Electoral Districts Act of 1949,” and called respectively the “ Metropolitan Zone,” the “ South­ Eastern Zone,” the “ Northern Zone,” and the “ Western Zone ” ; * 13 G. 6 No. 22 . t 6 G. 5 No. 13 and amending Acts.

102 P art I.— P reliminary . Financial year. 21 Geo. V. No. 27, s. 2. Holder. Horse racing. Instrument of betting. 22 Geo. V. No. 27, s. 2. Licensed off the course bookmaker. Licensed betting premises. 22 Geo. V. No. 27, s. 2. Licensee. Loc 1 Authority 22 Geo. V. No. 27, s. 2. GAMING. RacingandBettingAct. 3 E liz . II. No. 54, “ Financial year ”—The period of time commencing on the first moment of the first day of July in any year and ending on the last moment of the thirtieth day of June next following; “ Holder ”—Used with reference to any certificate, license, or other authority granted under this Act, the lawful holder at any material time of that certificate, license, or other authority then in force; “ Horse racing ”—Includes the racing of trotting horses; “ Instrument of betting ”—Includes tables, lists, sheets, books, tickets, cards, coins, and all documents and writings and other things whatsoever used, or apparently used, or capable of being used in carrying on or in connection with betting; “ Licensed off the course bookmaker ”—A person lawfully holding at any material time an off the course bookmaker’s license under Division II. of Part VI. then in force ; “ Licensed betting premises ”—Premises in respect of which a license under Division II. of Part VI. is at any material time in force ; “ Licensee ”—The person named, as being thereby licensed, in a license under Division II. of Part VI. and which at any material time is in force ; “ Local Authority ”—A Local Authority constituted under *“ The Local Government Acts, 1936 to 1954 ” : The term includes any Joint Local Authority, Brisbane City Council constituted under f“ The City of Brisbane Acts, 1924 to 1954,” and the corporation of The Commissioner of Irrigation and Water Supply constituted under J“ The Irrigation and Water Supply Commission Acts, 1946 to 1949,” or any other corporation constituted under any other Act where, pursuant to * 1 G. 6 No. 1 and amending Acts, t 15 G. 5 No. 32 and amending Acts. { 11 G. 6 No. 11 and amending Acts.

1954. GAMING. Boeing and Betting Act. 103 PiB-L— P reliminary . any Act the corporation of The Commissioner Local of Irrigation and Water Supply or other Area.0"*7 corporation is a Local Authority ; “ Local Authority Area ”—The area in which, for the purposes of exercising its powers, functions, and authorities and performing its duties, any Local Authority has jurisdiction: In the case of the cities respectively of Bundaberg, Cairns, Charters Towers, Gympie, Mackay, Maryborough, Rockhampton, Toowoomba, and Townsville the term includes all places within five miles of the boundaries of the area hereinbefore specified in this definition ; “ Loiter ”—Idle or linger about; Loiter. “ Mechanical quarry ”—Any quarry mechanically Mechanical or electrically controlled or propelled ; 21 Geo’, v. No. 27, s. 27 a . “ Member of the Police Force ”—Any member of the Police Force within the meaning of Force°106 *“ The Police Acts, 1937 to 1953 ” ; “ Metropolitan Area ”—The area comprising the Metropolitan City of Brisbane as defined by f“ The City q/^iGieo. v. Brisbane Acts, 1924 to 1954,” the LocalNo- 27> »•2- Authority Area of the City of Ipswich, and the area between these two cities bounded on each side of the railway line connecting them by a line running parallel with and distant five miles from such railway line ; “Minister”—The Treasurer of Queensland or Minister, other Minister of the Crown for the time No° 23 i I 2 ; b A ei + ng f charg & ed with the administration of this N21o. G2e7o,. v s. . 2; ACTi > 22 Geo. V. No. 27, s. 2. “ Money ”—Includes Australian notes, coin of any Money, denomination, cheques, bank drafts, and any other orders, warrants, authorities, or requests for the payment of money ; “ Newspaper ”—Includes any journal, review, Newspaper, magazine, or other writing or print, published. periodically; * 1 G. 6 No. 12 and amending Acts, t 15 G. 5 No. 23 and amending Acts.

104 P art I.— P kbuhinaky . Night time. 21 Geo. V. No. 27, ss. 4 a , 27 b . Non­ proprietary. Occupier. 22 Geo. V. No. 27, s. 2. Officer. Order in Council. Part. Person. 21 Geo. V. No. 27, s. 2. Place. §9 Vic. No. 9, s. 4 ; 22 Geo. V. No. 27, s. 2. GAMING. Racingand BettingAct. 3 Euz. II. No. 54, “ Night time ”—The time between the hour of six o’clock in the afternoon of any day and the hour of six o’clock in the forenoon of the next succeeding day ; “ Non-proprietary ”—In relation to a club, a club the constitution of which— (i.) Provides for the application of profits, if any, and other income of the club to the promotion of its objects ; and (ii.) Prohibits the payment of any dividends to the members of the club ; “ Occupier ”—In relation to any place, includes the owner, occupier, or keeper at any material time of the place, and any person at any material time having the care, management, supervision, or control of the place, or in any manner conducting the business, if any, of the place, as well as including, for the purposes of Part VII., any person procured or employed by or acting for or on behalf of any person aforesaid ; “ Officer ”—Any officer appointed or deemed to be appointed under and for the purposes of this Act; “ Order in Council ”—An Order in Council made under or continued in force by this Act; “ Part ”—Part of this Act, including, where necessary, Orders in Council, regulations and rules, if any, made under this Act for the purposes of the Part in question; “ Person ”—Includes any club, athletic club, and any body or other association of persons incorporated or unincorporated; “ Place ”—Includes any house, office, room, tent, ship, vessel, vehicle, building, erection, structure, or premises (whether upon land, or water), and any road, street, thoroughfare, alley, right-of-way (whether public or private), and any land, whether public or private and whether enclosed or otherwise: The term also includes any racecourse, coursing ground, or athletic ground or other ground and any part of any place ;

1954. GAMING. Boeing and Betting Act. 105 P art i .— P reliminary . “ Principal club ”—Any racing club prescribed by Principal this Act to be a principal club for the purposes 21 g ’6 o . v . of this Act and the Rules of Racing ; No. 27 , s. 2 . “ Proclamation ”—A Proclamation made under Prociama- or continued in force by this Act; 1 “ Property ”—Any real or personal property Property, whatsoever, whether situate or being within n 0V 9 %. 4 . or without the State of Queensland, or ’ any right thereto or share or interest therein : Without limiting the generality of the aforegoing, the term includes any money and any valuable thing; “Public place”—A public place within the^Mic piaea. meaning of *“ The Vagrants, Gaming, and n 0. 27 , s. 2 . Other Offences Acts, 1931 to 1949 ” : Without limiting that definition the term includes a common betting house ; “ Race ”—Includes contest or trial; Baot>- “ Racecourse ”—A place at any material time Racecourse, used for the purpose of conducting a race no . 23 ,’ Z '2 ■, meeting ; 21 Geo. v. No. 27, s. 2 ; 22 Geo. V. No. 27, s. 2. ; Race meeting ”—Meeting for the racing ofRace galloping horses or trotting horses; ucseS/v. No. 23,’ s. *2 ; 21 Geo. V. “Racing club’’—Includes any body or other Racing chib, association of persons (whether incorporated No'2’ or unincorporated and whether a registered se Vic. club or not) promoting, conducting, or y 2; controlling, or formed for promoting, No. 23 , s. 2 ; J. conducting, or controlling, race meetings or ^0Q 2 i, 2 . any race meeting ; ’ “Registered”—In relation to a club, means principal club or a club registered as a racing n „. 23 , s. 2 ; club by a principal club ; N 21 o. G 2 e 7 o , - s v . - 2, “ Regulations ”—Regulations made under or Regulation*. continued in force by this Act; “ Rules’’—Rules made by the Board under this Rules. Act; 22 G. 5 No. 27 and amending Acts.

106 PART I.— P reliminary . Rules of Racing. Saddling paddock. 14 Geo. V. No. 23, s. 2. Sporting contingency. Sporting event This Act. To bet. Totalisator. 53 Vic. No. 2, s. 1 ; 56 Vic. No. 15, s. 2. GAMING. Racing and Betting Act. 3 E liz . II. No. 54, “ Rules of Racing ”—The rules governing horse racing (other than the racing of trotting horses) under the control of the principal clubs, being, with respect to each and every principal club, an amalgamation of the Australian Rules of Racing as adopted by that principal club and the local rules of racing of the principal club and the regulations made thereunder; “ Saddling paddock ”—Includes the lawn and grandstand of any racecourse, or where a racecourse is not divided into sections, includes the whole of the racecourse ; “ Sporting contingency ” or “ sporting event ”— An event or a contingency being or relating to any horse race, coursing, athletic contest, or any other race or contest, or being or relating to any sport, fight, game, exercise, or pastime; ** This Act ”—This Act and all Proclamations, Orders in Council, regulations, rules, determinations, orders, notifications, and directions made or given under or continued in force by this Act; "* To bet ”—Includes the action of a person who— (i.) Bets or wagers ; or (ii.) Pays, receives, or settles a bet or wager; or (iii.) Offers or agrees or otherwise negotiates to bet or wager, or to pay, receive, or settle a bet or wager, whether for himself or on behalf of another person, and of a person who co-operates with another person in connection with the doing of any of those acts ; “ Totalisator ”—Any instrument, machine, or contrivance, whether mechanically operated or not, for the distribution of money to holders of tickets or shares in a pool or aggregation of contributions contingently on the result of a sporting contingency: The term includes any scheme for the distribution of money in the like manner on any

1954. GAMING. RacingandBettingAct. 107 P art L— P reliminary . contingency or for enabling any. number of persons to make bets with one another on the like principles; “ Totalisator license ”—A license in force at any Totalisator material time under Part V. authorising,hoense- subject to that Part, the operating of a totalisator. (2.) References in this Act to printing shall be References construed as including references to writing as well astopnntmg- to any other modes whatsoever of representing or reproducing words in a visible form. II. P art —A dministration . admmst ^- 7. (1.) Unless otherwise indicated or required, this Adn^iutra- Act shall be administered by the Minister : tion of this Provi . ded that nothing J herein contained shall be Act. ' construed— (i.) To require the obtaining of any consent or direction to the prosecution of any proceedings under this Act by the Commissioner of Stamp Duties, by the Board, by any officer, or by any member of the Police Force ; or (ii.) To prejudice or affect otherwise the powers under this Act of the Commissioner of Stamp Duties, of the Board, of officers, or of members of the Police Force. (2.) Unless otherwise expressly provided by this u Geo. v. Act, all taxes imposed by this Act and, with respect to No- 23, s- 8- the operating of totalisators, all unpaid fractions and unpaid dividends shall be under the care and management of the Commissioner of Stamp Duties who by himself and his officers shall have for the collection, recovery, and management thereof, and of any other moneys payable pursuant to this Act to him, the same powers and authorities as he has under * “ The Stamp Acts, 1894 to 1954 ” (the provisions of which Acts with all necessary adaptations thereof shall apply and extend for that purpose accordingly), in addition to the powers and authorities conferred upon him by this Act. Moreover every Commissioner of Stamp Duties shall without further or other authority be deemed to be an inspector of totalisators appointed under and for the purposes of this Act. * 58 V. No. 8 and amending Acts.

108 P art ii .— A dministra ­ tion . GAMING. Racingand Betting Act. 3 E liz . II. No. 54, Betting Control Board. Members Body corporate. Tenure of office. 8 . (1.) If and when a majority of the electors in any one of the Electoral Zones voting at a referendum poll taken under this Act in that Zone approve of the legalisation therein of off the course betting, a Board to be called “ The Off The Course Betting Control Board ” (in this Act referred to as “ the Board ”) shall be established in accordance with this Act. (2.) (a) The Board shall consist of three members each of whom shall be appointed from time to time by the Governor in Council by Order in Council. (6) The member thereunto designated by the Governor in Council shall be the chairman of the Board. (c) The Board shall be deemed to be established on and from the date of the first appointment of the members thereof. (3.) (a) The Board shall be a body corporate under the name and style of “ The Off The Course Betting Control Board,” and by that name shall have perpetual succession and a common seal, and, subject to and for the purposes of this Act, shall be capable in law of suing and being sued, and of doing and suffering all such other acts, matters, and things as bodies corporate may by law do and suffer. (b) All courts whatsoever and all judges and persons acting judicially shall take judicial notice of the seal of the Board affixed to any notice or other document whatsoever, and shall presume that it was duly affixed. (4.) (a) Subject to this Act the chairman and every other member of the Board— (i.) Shall be eligible for reappointment; and (ii.) Shall hold office for the respective term for which he is appointed or reappointed but • no such appointment or reappointment shall be for a term exceeding five years. (6) The office of chairman and of every other member of the Board shall— (i.) Commence on the day specified in the Order in Council appointing him thereto ; and (ii.) Become vacant at the conclusion of the term of his appointment unless sooner vacated by death, resignation, or otherwise as prescribed.

1954. GAMING. RacingandBettingAct. 109 P art II.— A dministra ­ tion . (5.) ( a) When a vacancy arises in the office of a Extra­ member of the Board by death, resignation, or otherwise vacancies, howsoever, the Governor in Council shall thereupon appoint, by Order in Council, a member to hold office for the remainder of the term of his predecessor. This paragraph applies so as not to affect the power of the Governor in Council to appoint a person to act temporarily in any such office during any vacancy therein. ( b ) When such a vacancy arises in the office of chairman of the Board, any existing member of the Board may be appointed by Order in Council to be chairman or the new member may be so appointed to be chairman. (c) The regulations may prescribe the disqualifications rendering vacant the office of a member of the Board (including the chairman of the Board), and the manner of resigning from that office. (6.) If any member is likely from any cause to be Deputy absent from any meetings of the Board the Ministermembers- may appoint a deputy to act for that member during his absence, and that deputy, while he so acts, shall have and may exercise the powers and authorities and shall perform the duties of the member whose deputy he is. Another member may be so appointed to act as deputy for the chairman and in that event a further such appointment may be made of a deputy for that member while he acts as chairman. (7.) The Board shall meet at such times and places Meetings, and conduct its business in such manner as may be prescribed or, in so far as not prescribed, as it may from time to time decide. (8.) The chairman or, in his absence, his deputy Quorum, and one other member, or, in the absence of the other members, a deputy for one other member of the Board shall form a quorum thereof. (9.) The chairman of the Board shall preside at Temporary all meetings of the Board at which he is present. Inc airman' the absence of the chairman his deputy shall so preside. The person presiding at any meeting of the Board (whether the chairman or his deputy) shall have a deliberative vote and, in the event of an equal division of votes, shall also have a casting vote.

110 P art II.— A dministra ­ tion . GAMING. Boeing and Betting Act. 3 E liz . II. No. 54, mA& lcel. mo, wobafenrsc.es, Boar(d10s.h) aTllhbee cehnatiirtmleadntoansducthhealolotwhearncmesemorbefresesoof rthtoe such allowances and fees as may from time to time be determined by the Governor in Council. The chairman’s rate or rates as so determined may differ from the rate or rates determined for the time being for the other members of the Board. atVhcaetlsiBddiootaynredo. fby or of( 1a1n.) y Tpheersovnaliadcittiyngofasacctshaoirrmdaencisoiornms eomf btheer oBfotahrde Board or as deputy for the chairman or a member of the Board shall not be affected by any error or defect in the appointment or of any disqualification of any such person, or by reason of there being any vacancy in the number of members at the time. Officers of (12.) Any person appointed as a member of the DGoepvearrnt­ ment Board (including the person appointed to be chairman) or ments. appointed as deputy for the chairman or a member of the Board, and who is an officer of any Department of the Government of this State may hold such appointment in conjunction with the office for the time being held by him in that Department. Functions, powers, &c., of the Board. 9. (1.) The Board— (i.) With respect to any and every Electoral Zone wherein a majority of the electors voting at a referendum poll taken under this Act shall have approved of the legalisation of off the course betting, shall be charged with the licensing under, subject to and in accordance with this Act of off the course bookmakers and off the course bookmakers’ clerks ; (ii.) May from time to time limit the number of off the course bookmakers licenses or off the course bookmakers’ clerks licenses with respect to an Electoral Zone or in any part thereof, including in any city, town, or locality therein (and any such limitation may or may not correspond with any other such limitation); (iii.) May from time to time, with the approval of the Minister, make rules not inconsistent with any of the provisions of this Act as to all or any of the following (but so as not to

1954. GAMING. RacingandBettingAct. Ill P art II.— A dministra ­ tion . limit the power of the Board to make or give from time to time determinations, orders, notices, and directions under this Act):— (а) Prescribing the conditions upon which any license or other authority which may be granted under this Act by the Board may be obtained and held ; (б) Regulating and controlling the conduct of licensed off the course bookmakers and off the course bookmakers’ clerks, the Opening and closing of licensed betting premises, the resorting by persons thereto, and betting by and with licensed off the course bookmakers; (c) Imposing in respect of persons or things, or both, such prohibitions as the Board deems necessary or expedient for the due exercise by it of any power of regulating and controlling specified in this paragraph (iii.); (d) Prescribing all or any matters and things which are by this Act permitted or required to be prescribed by rules ; and (e) Providing for all such matters and things, whether general or to meet particular cases, as it may consider necessary or desirable for the purposes of exercising the powers and authorities conferred and of performing the duties imposed upon it by this Act or of carrying out the objects and purposes of this Act in relation to off the course betting by and with licensed off the course bookmakers ; (iv.) May from time to time do all such acts and things as it may consider necessary or desirable for the proper regulation and control, in the interests of the public, of off the course betting by and with licensed off the course bookmakers ; and (v.) Shall have and may exercise such other powers and functions, and shall perform such other duties, as are conferred or imposed on it by or under this Act. (2.) The Board may from time to time make such determinations and orders, give such notices and directions, and do and take all such other acts, things,

112 P art II.— A dministra ­ tion . GAMING. Racingand Betting Act. 3 Euz. II. No. 54, and steps, as appear to it to be necessary or desirable for giving effect to this section or for the execution of the powers and functions conferred, or the performance of the duties imposed, on the Board by or under this Act. (3.) Any determination, order, notice, or direction made or given by the Board under this Act— (i.) May be made or given so as to apply to— (a) The person or persons specified therein, or to all persons included in any class of persons so specified, or to persons generally; (b) The place or places specified therein or to all places included in any class of places specified therein, or to any books, documents, records, betting tickets, or other articles or things relating to horse racing or coursing or to betting thereon, specified therein, or to all such books, documents, records, betting tickets, or other articles or things included in any class of articles or things specified therein, or to places or such articles or things generally ; (ii.) May be made or given so as to apply generally throughout all or any Electoral Zones wherein off the course betting by and with licensed off the course bookmakers is legal for the time being; (iii.) May differ from any other determination, order, notice, or direction made or given by the Board under this Act; (iv.) May exempt from all or any of its provisions— (a) Any person or all or any persons included in a class of persons ; or (b) Any place, or any books, documents, records, betting tickets, or other articles or things relating to horse racing or coursing or to betting thereon, or any class thereof; (v.) May contain such incidental or supplementary provisions as the Board considers to be necessary or convenient for the purposes thereof; and (vi.) May at any time be revoked, amended, or otherwise modified by a further determination, order, notice, or, as the case may be, direction of the Board.

1954. GAMING. Boeing and Betting Act. 113 P art II.— A dministra ­ tion . (4.) Any determination, order, notice, or direction made or given by the Board under this Act may be published in the Gazette or advertised in a newspaper, or may be made or given in writing to the person or persons concerned. (5.) Any determination, order, notice, or direction made or given by the Board under this Act shall be sufficiently authenticated if it is signed on behalf of the Board by the chairman of the Board, or by the two other members of the Board, or by any member of and the secretary to the Board, and any determination, order, notice, or direction so signed shall, in the absence of proof to the contrary, be deemed to have been duly made or given by the Board. (6.) *“ The Commissions of Inquiry Act of 1950,” shall apply for the purposes of any investigation or determination required by or under this Act to be made by the Board and for the purpose of so applying that Act references therein to a “ Commission ” and to the “ chairman ” shall be deemed to refer to the Board and the chairman thereof respectively. (7.) Unless otherwise expressly provided, the functions, powers, authorities, and jurisdiction of the Board shall be exclusive, and every determination, order, notice, and direction of the Board shall be final and conclusive and shall not be impeachable for any informality or want of form, or be appealed against, reviewed, quashed, or in any way called into question in any court whatsoever on any account whatever. Determinations, orders, directions, or proceedings of the Board shall not be removed by certiorari , and no writ of prohibition shall be issued and no injunction or mandamus shall be granted by any court whatsoever. 10. The Board shall prepare and submit to Annual the Minister, not later than the thirtieth day of reP°rt- September in each calendar year, a report on the exercise and performance by the Board of its powers, functions, and duties under this Act during the twelve months ended on the preceding thirtieth day of June. A copy of such report shall be laid before Parliament. * 15 G. 6 No. 2.

114 P art 11- A dministra ­ tion . GAMING. Racingand Betting Act. 3 E liz . II. No. 54, Power of 11 . The Minister may, at any time and from time to'requiro^1' t° time, require the Board to investigate, and make the Board to to him its recommendations on, such matters relating to ancfreport, the administration of this Act as he may deem fit to refer to the Board for investigation, or to furnish him with a report or to supply to him any information that the Minister may require in relation to the execution or performance by the Board of the powers, functions, or duties conferred or imposed on it by or under this Act, and the Board shall make the investigation and recommendations, furnish the report, or, as the case may be, supply the information accordingly. Members 12. Every member of the Board, and any person to thave°fiee who is authorised in that behalf in writing by the Board, entry to shall be entitled at all times to enter, without further or placed other authority and, where applicable, without payment of a fee or charge, and to remain, on or in any place whereon or wherein any betting is transacted (including any racecourse, coursing ground, or athletic ground). Power of 13. (1.) The Minister, or with the prior approval — of the Minister, the Commissioner of Stamp Duties No. 27 , s. 33 or the Board may from time to time, in relation (»•). (“•)• to any matters or class of matters, or in relation to a particular part of the State, by instrument in writing under his hand or, in the case of the Board, under its seal, delegate all or any of his or its powers, functions, authorities, and duties under this Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers, functions, authorities, and duties may be exercised or, as the case may be, shall be performed by the delegate with respect to the matters or class of matters or in relation to the particular part of the State specified in the instrument. (2.) Where, by or under this Act, the exercise of a power, function, or authority or the performance of a duty of the Minister, Commissioner of Stamp Duties, or the Board is dependent upon the opinion, belief, or state of mind of the Minister, Commissioner of Stamp Duties, or, as the case may be, the Board in relation to any matter, that power, function, or authority may be exercised or the duty performed, upon the opinion, belief, or state of mind of the person to whom it is delegated by an instrument of delegation under this section.

1954. GAMING. RacingandBettingAct. 115 P art II.— A dministra ­ tion . (3.) The Minister, Commissioner of Stamp Duties, or, as the case may be, Board may, at his or its will, revoke a delegation made by him or it under this section, and the said Commissioner or the Board shall, if thereunto directed by the Minister, revoke such a delegation. No delegation shall prevent the exercise of any power, function, or authority, or the performance of any duty by the Minister, Commissioner of Stamp Duties, or, as the case may be, the Board. (4.) The Minister, or, subject to prior approval by the Minister, the Commissioner of Stamp Duties, or, as the case may be, the Board may make such and so many delegations under this section and to such number of persons, as he or it may consider necessary or desirable. 14. (1.) The Governor in Council may from time officers, to time appoint under and for the purposes of this Act such and so many officers (including a secretary to the Board, other officers of the Board, inspectors of totalisators, and other officers) as he deems necessary for the effectual execution of this Act. (2.) Any such appointment may be made under *“ The Public Service Acts, 1922 to 1953,” and, where made under those Acts, the appointee shall hold his office under, subject to, and in accordance therewith. Where any such appointment is not made under *i(The Public Service Acts, 1922 to 1953,” the appointment shall be for such term, with such salary, and subject to such conditions as the Governor in Council shall fix. (3.) The powers, functions, and duties of officers appointed in pursuance of this Act shall be as prescribed by this Act. 15. Every member of the Police Force shall at all General times cause the provisions of this Act to be duly observed, fusions, and any such member may make any inquiry, and duties of investigation, inspection, or examination which in the ^®I^)®”0of opinion of such member is necessary to establish whether Force. or not a breach of this Act has been or is being or is intended to be committed. * 13 G. 5 No. 31 and amending Aets.

116 GAMING. Racingand BettingAct. 3 E liz . II. No. 54, P art III.— P etitions and P art III.— P etitions and R eferendums . R eferendums . Interpre­ 16. Excepting terms to which meanings are assigned tations. by section six of this Act, any term used in this Part to which a meaning is assigned by *“ The Elections Acts, 1915 to 1952,” shall in this Part have that meaning unless the context otherwise indicates or requires. Referendum to be 17. (1.) The matter of the legalisation in any initiated by Electoral Zone of off the course betting shall not be petition. submitted by referendum to the electors therein and a referendum poll on that matter accordingly shall not be taken in that Zone unless and until not less than ten per centum of the electors for the time being in that Zone shall petition for that referendum. (2.) Such a petition shall be in writing and each and every elector who is a party thereto shall sign the same and shall identify himself by stating the electoral district for which he is enrolled as an elector and his number on the electoral roll for that electoral district. That statement shall precede and be set out opposite and relative to the signature. (3.) For determining in relation to such a petition who are electors in the Electoral Zone concerned the electoral roll for each and every electoral district comprised in that Zone shall be the annual roll under and within the meaning of section fourteen of *“ The Elections Acts, 1915 to 1952,” containing the names of the electors in that district registered up to the thirty-first day of December in the year preceding that in which the petition is presented to the Minister. (4.) In calculating the number of electors who have petitioned him as aforesaid the Minister shall cause to be deleted any of those electors— (a) Whose names have, pursuant to section thirty of *“ The Elections Acts, 1915 to 1952,” been struck off the relevant annual roll for that they are dead ; or (b) Who, in his opinion, are when that petition is presented to him disqualified under the aforesaid Act from voting at an election in the district for which they are according to the petition enrolled as electors. * 6 G. 5 No. 13 and amending Acts.

1954. GAMING. Boeing and Betting Act. 117 PART ra — P etitions and R eferendums . (5.) Additionally to his powers under subsection four of this section the Minister, in respect of a petition as aforesaid, may cause to be made all such inquiries and investigations as he deems necessary to satisfy himself that (excluding those deleted under subsection four of this section) not less than ten per centum of the electors in the Electoral Zone in question are parties to that petition and have duly signed the same. If and when so satisfied the Minister shall publish in the Gazette a notification stating that he has been presented with the petition in question, the date when it was presented to him, the total number of electors in the Electoral Zone in question, and the number of those electors by whom it was signed. .That certificate shall he conclusive evidence of the matters stated therein, shall be judicially noticed, and shall not be questioned in any proceeding. 18 (1.) Every elector who is a party to a petition signatures under this Part shall sign that petition with his or her own hand. in relation to those (2.) It shall be unlawful — signatures. (а) For a person who is not an elector in an Electoral Zone to sign a petition under this Act in respect of that Zone ; (б) For a person, whether an elector in an Electoral Zone or not, to sign a name other than his own to a petition under this Act in respect of that Zone ; or (c) For a person, whether an elector or not, to identify himself in a petition under this Act by a statement therein with respect to an electoral district and a number on an electoral roll which is not in relation to him correct in every respect. (3.) A person who does anything which is unlawful under this section shall be guilty of an offence against this Act and liable to a penalty not exceeding one hundred pounds. 19. (1.) Subject to the Minister advising that a Writ for petition under this Act has been presented to him in ^®fje1rendum respect of an Electoral Zone, that he is satisfied that that petition has been signed by not less than ten per

118 P art III.— P etitions and R eferendums . GAMING. Racingand Betting Act. 3 E liz . II. No. 54, centum of the electors in that Zone, and that he has published in the Gazette the prescribed notification in respect of that petition, the Governor in Council may issue a writ for a referendum poll in that Zone. (2.) That writ shall be in or to the effect of the prescribed form, shall be directed to the returning officer for the Electoral Zone in question, and shall appoint dates— (a) Subject to subsection three of this section, for taking the votes of the electors at the referendum poll; and (b) For the return of the writ. (3.) The day for taking the votes of the electors at a referendum poll shall be a Saturday. ' That day shall be not earlier than twenty-eight days after the date of the issue of the writ. (4.) A copy of a writ under this Act shall be published in the Gazette. “ The 20. (1.) Subject to this Act, all of the provisions EAlcetcst,io 1 n 9 s 15/0 of *“ The Elections Acts, 1915 to 1952,” and the regulations 1952,” thereunder with respect to the holding and conducting of applied. elections and the proceedings before, at, and subsequent to elections and all incidental matters including, but without limit to the generality of the aforegoing, with respect to— {a) The appointment and exercise of their powers, duties and functions by presiding officers and poll clerks ; ( b ) The electoral rolls, including the annual rolls, supplemental rolls to the annual rolls, addenda to the supplemental rolls, and the existing roll and alterations of rolls ; (c) Polling places and polling booths therein, including the appointment, alteration and abolition of polling places and the provision in polling places of polling booths ; (d) The printing, supplying and distribution of ballot papers and the accounting for unused and spoilt ballot papers ; and 6 G. 5 No. 13 and amending Acts.

1954. GAMING. Boeing and Betting Act. 119 P art III — P etitions and R eferendums . (e) Mode of voting, including voting on and before polling day, voting by persons not named as electors on the electoral rolls, and postal voting, shall, as far as applicable thereto, apply and extend to and with respect to a referendum poll to be taken under this Act as if that referendum poll were an election and accordingly— (i.) In respect of the application and extension as aforesaid of section twenty-eight of *“ The Elections Acts, 1915 to 1952,” the writ for such a referendum poll shall be deemed to have been issued at six o’clock in the afternoon of the day on which it was issued ; and (ii.) Otherwise that section twenty-eight and every other provision of *“ The Elections Acts, 1915 to 1952,” shall be read with all such adaptations as are necessary for the application and extension thereof as aforesaid. (2.) Every act or omission which would be punishable by law, if the same had occurred in connection with the holding of an election under *“ The Elections Acts, 1915 to 1952,” shall, if the same occurs in connection with a referendum poll under this Act, be held to constitute the like offence, cognisable in the like manner and punishable by the like punishment, and for that purpose any enactment which would be contravened if the referendum poll were such an election shall apply, with all necessary adaptations thereof, accordingly. (3.) A referendum poll under this Act shall beCh. xiv. deemed to be an election for the purposes of Chapter crimM XIV. of t“ The Criminal Code.” Code - applied. 21. Voting at a referendum poll under this Act Voting shall be compulsory and accordingly section sixty-three oompu sory‘ of *“ The Elections Acts, 1915 to 1952,” shall extend and apply as if a referendum poll under this Act were an election. 22. (1.) The question upon which a referendum Question for poll under this Act is taken shall be submitted to the at s vote electors entitled to vote thereon in the form prescribed referendum by the regulations. po ’ * 6 G. 5 No. 13 and amending Acts, t 63 V. No. 9, Sch. I.

120 P art III.— P etitions and R eferendums . GAMING. Racingand Betting Act. 3 E liz . II. No. 54, Endorse­ ment and return of writ. Returning °ffic r. That question shall be printed on all ballot papers of the several descriptions used for voting at the referendum poll and the words “ Yes ” and “ No ” shall be printed, the one above the other, immediately under and relative to that question. Each of those words shall he preceded by a square printed opposite thereto. (2.) The several descriptions of ballot papers in the forms respectively prescribed by the regulations under *“ The Elections Acts, 1915 to 1952,” may be used for taking a referendum poll under this Act, but for use for that purpose the same shall be printed with such adaptations as are necessary both to give effect to subsection one of this section and to instruct voters with respect to the marking thereof. This subsection shall apply so as not to limit the power of the Governor in Council to prescribe forms of ballot papers for taking a referendum poll under this Act to the extent that he deems it desirable so to do. 23. (1.) The returning officer for a referendum poll under this Act shall endorse on the writ the numbers respectively of votes for and against the legalisation of off the course betting in the Electoral Zone in question and shall return the writ to the Governor within the time specified therein. (2.) The Minister shall, within twenty-eight days after the return of the writ, notify in the Gazette the result, according to the endorsement on the writ, of the referendum poll. That notification shall be judicially noticed, shall be conclusive evidence of the result of the referendum poll, and shall not he questioned in any proceeding whatsoever. (3.) Subsection two of this section and subsection five of section seventeen of this Act apply so as not to limit or affect howsoever the application with respect to the referendum poll in question of Part VIII. of *“ The Elections Acts, 1915 to 1952.” 24. (1.) The Governor in Council may from time to time appoint, by commission under his hand and seal, a fit person who is not under the age of twenty-one years to be a returning officer for the purposes of this Act. 6 G. 5 No. 13 and amending Acts.

1954. GAMING. Boeing and Betting Act. 121 P art III — P etitions and R eferendums . (2.) Such an appointment may be made generally or may be limited in respect of Electoral Zones and referendum polls, or both, as specified in the commission. (3.) If such an appointment is made generally, the appointee shall be the returning officer for taking the votes of electors at any and every referendum poll held under this Act during the continuance in force of his commission. (4.) If such an appointment is made subject to limitations as aforesaid, the appointee shall be the returning officer for taking the votes of electors at the referendum poll or referendum polls under this Act in respect whereof his commission so appoints him but not otherwise. (5.) A commission under this section shall continue in force at the pleasure of the Governor in Council. (6.) In case of sickness or other cause preventing a returning officer from acting in respect of any referendum poll, the Governor in Council may appoint some person not under the age of twenty-one years to act as deputy returning officer in his stead. (7.) Additionally to the powers, functions, and duties *c-> conferred or imposed by this Act on a returning officer office”™118 appointed hereunder, that returning officer shall have, exercise, and perform, in respect of any referendum poll in respect whereof he is appointed as such, such of the powers, functions, and duties conferred or imposed by *“ The Elections Acts, 1915 to 1952,” upon a returning officer appointed thereunder as will enable and ensure the taking according to law of the votes of electors in each and every electoral district comprised in an Electoral Zone at a referendum poll under this Act in that Zone. This section applies so as not to limit the exercise and performance, in respect of such a referendum poll, by assistant returning officers of their powers, functions, and duties. 25. Each and every person holding under *“ The Assistant Elections Acts, 1915 to 1952,” for the time being the offi^s!*8 office of returning officer for an electoral district shall (by virtue of his commission of appointment as that returning officer and without further or other appointment whatsoever) be, in respect of that electoral 6 G. 5 No. 13 and amending Acts.

122 GAMING. P art in.— ------------------------------------------------------- :------------------------------ tMKRKNDUM? Racingand BettingAct. 3 Buz. II. No. 54, district, an assistant returning officer for the purposes of any referendum poll under this Act in the Electoral Zone in which that electoral district is comprised and accordingly, subject to the returning officer appointed under this Act, shall exercise and perform in respect of the electoral district in question such of the powers, duties and functions conferred or imposed by *“ The Elections Acts, 1915 to 1952,” upon a returning officer appointed under that Act as will enable and ensure the taking according to law of the votes of electors at a referendum poll under this Act in the Electoral Zone in which that electoral district is comprised. Scrutineers. 26. (1.) Upon application in that behalf made to him by a body, association or group of persons representative to his satisfaction of public opinion either in favour of or against the legalisation of off the course betting in an Electoral Zone, the Minister may, in respect of a referendum poll under this Act in that Zone, permit a representative of that body, association or group named in the application to appoint, by writing under his hand, a scrutineer or scrutineers, at each polling place or, where there are two or more polling booths at a polling place, at each of those polling booths. (2.) Permission under this section shall, in relation to any one and the same electoral district, be given in respect of one only body, association or group of persons representative of public opinion in favour or, as the case may be, against the legalisation of off the course betting, but such a permit may, in relation to different electoral districts, be given in respect of different such bodies, associations or groups. Regulations. 27. The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be necessary or convenient for carrying out the objects and purposes of this Part including, but without limiting, the generality of the aforegoing, prescribing the form of writs, ballot papers, and any other forms considered necessary to be prescribed, and generally for directing, assisting, and safeguarding the taking of any referendum poll under this Act. * 6 G. 5 No. 13 and amending Acts.

1954. GAMING. RacingandBettingAct. 123 P art III.— P etitions and R eferendums . 28. (1.) Subject to this section referendum polls Provision for may be taken in any and every Electoral Zone under, referendums. subject to, and in accordance with this Part at periodic intervals. (2.) The period intervening between one and the next succeeding referendum poll in an Electoral Zone shall be not less than five years calculated by reference to the dates respectively appointed for taking the votes of electors at those referendum polls. P art IV. —R egulation of H orse R acing and RP eagrutl I a V ti . o — n C oursing . of H orse R acing and 29. (1.) This Part does not apply with respect C oursing . to any race for trotting horses conducted in Wtrohtetinng connection with any agricultural, horticultural, pastoral, on show or industrial show and so conducted— grounds allowed. (a) By a society or other association of persons N21o. G2e7o,. sV. . 29. having for its object the holding of that show; (6) On the ground whereon that show is holden ; and (c) On a day on which that show is holden. (2.) Betting on a ground and day where and when Betting on any race or contest for trotting horses specified in ^°mids subsection one of this section is conducted or proposed unlawful, to be conducted shall be unlawful and accordingly, to the extent necessary to give effect to this subsection, every provision of this or any other Act or of any other law relating to betting shall be read subject to this subsection. 30. (1.) It shall be the duty of the committee of each and every club to ensure compliance at all timescommi with the provisions of this Act so far as those provisions relate to the club, to every racecourse or, as the case may be, coursing ground^ under its care, management, supervision, or control, and to all persons on such racecourse or coursing ground, including in any and every part thereof. (2.) At all times and with respect to all persons the Rules of Racing shall be applied subject to this Act, and all necessary adaptations thereof shall be made for the purpose of giving effect to this Act, and

124 GAMING. P art IV — R egulation op H orse R acing and C oursing . Racingand Betting Act. 3 E liz . II. No. 54, no exemption or waiver of any Rule of Racing, whereby effect would not be given to this Act, shall be made or permitted by any racing club. Principal Clubs. Principal 31. (1.) Subject to subsection two of this section, 2 HJeo v ea°h °f the following racing clubs shall be a principal No. 27 , s. 2 a . club for the purposes of this Act and the Rules of Racing— (а) The Queensland Turf Club; (б) The Central Queensland Racing Association; (c) The North Queensland Racing Association; (d) The Rockhampton Jockey Club ; and (e) Every other racing club appointed by the Governor in Council to be a principal club. (2.) When and so often as the Governor in Council deems it necessary or expedient so to do he may, by Order in Council— (a) Appoint a racing club to be a principal club ; (b) Declare that a racing club (whether any of the racing clubs prescribed by name by subsection one of this section to be a principal club or a racing club appointed under this subsection to be a principal club) shall cease to be a principal club ; (c) Define the Area or Areas respectively in respect whereof a principal club or principal clubs (including any of the racing clubs prescribed by name by subsection one of this section to be a principal club) shall have jurisdiction as such for the purposes of this Act and the Rules of Racing ; ( d) Abolish or alter areas defined by him as aforesaid. (3.) A racing club may be appointed under subsection two of this section to be a principal club— (а) Additionally to the then number of principal clubs; or (б) In the stead of a racing club which, pursuant to an Order in Council under subsection two of this section, ceases to be a principal club.

GAMING. 125 1954. RacingandBettingAct. P art IV.— R egulation op H orse R acing and C oursing . (4.) Any and every racing club shall do and take all such things and steps as are necessary to give operation and effect to an Order in Council made under this section and, without limit to the generality of the foregoing provisions of this subsection, shall not by act or omission refuse or fail to recognise as a principal club a racing club appointed by or under this section to be a principal club, or continue to recognise as a principal club a racing club which by virtue of a declaration under this section has ceased to be a principal club, or prevent, hinder or prejudice howsoever the exercise by a principal club of any power, authority, function or duty conferred or imposed upon that principal club by this Act or, as applied subject to this Act, the Rules of Racing. Non-projprietary clubs. 32. (1.) A club shall not divide, directly or Appropria. indirectly, any takings, receipts, profits, or gains of the takings, &c., club, however derived, among the individual members by clubs, thereof, or any of them. (2.) Every club shall apply the takings, receipts, profits, and gains of the club, however derived, only— (i.) For the promotion and advancement of horse racing or coursing carried on in good faith for the improvement of the breed of horses or dogs in this State ; or (ii.) With the approval of the Minister, for a charitable, benevolent, patriotic, or special purpose, and in no other manner. (3.) For the purposes of subsection two of this section, the promotion of horse racing or coursing shall be deemed to include-— (i.) The purchase by a club of its racecourse or coursing ground; (ii.) The improvement of any property of a club, the revenue from which is applied solely for the promotion of horse racing or coursing; and . (iii.) The maintenance of, and improvements to, a racecourse or a coursing ground.

126 P art IV.— R egulation of H orse R acing and C oursing . GAMING. Racingand Betting Act. 3 E liz . II. No. 54, (4.) Nothing in this section shall prevent— (i.) The payment to a member of a club of— (a) Principal or (subject to the rate per centum thereof not exceeding that payable for the time being to the Commonwealth Trading Bank of Australia in respect of bank overdrafts) interest payable in respect of moneys lent to the club by the member ; or (b) Subject to the Minister having approved of the lease prior to the execution thereof, rent in respect of a lease by the club of a racecourse or coursing ground owned by the member; (ii.) The expenditure by the club of amounts for the purpose of— (a) Providing entertainment for the members of the club in common with other persons; or ( b) Defraying the expenses of a member of the club attending, on behalf of the club, a conference or meeting of persons interested or concerned in the sports of horse racing or coursing, or both, or in the control or conduct of race meetings or coursing meetings ; (iii.) The payment by a club to, or the receipt by, a member of a club of moneys awarded to the owners or lessees of horses or dogs that win or are placed in horse races or coursing events conducted by the club ; or (iv.) The payment by a club to a person (whether a member of the club or not) of such costs, fees, or expenses, or such classes thereof, if any, as may be prescribed. Registration of Racing Clubs. Roclfeurgbaiscs. itrnagtion subse3c3ti.on( 1.) twWo itohfoustedcetiroongattihnigrtfyromofthtehipsrovAiscito, nsthoef N21o. G2e7o,. sV. . 20. rpergoivsitsriaotniosn ooff rtahceingRuclleusbs obfy Raapcriinngcipraellactilnubg sthoallthbee read subject to this section.

GAMING. 127 1954. RacingandBettingAct. P art IV.— R egulation of H orse R acing and C oursing . (2.) A principal club shall not register any racing club which is not a non-proprietary club or renew the registration of any racing club which subsequently to registration by it shall have ceased to be a non-proprietary club. (3.) If a racing club registered by a principal club fails, in any respect, to continue to be a non-proprietary club, the principal club shall revoke the registration. (4.) If a racing club which is registered by a principal club contravenes in any respect section thirty-two of this Act, that principal club shall revoke the registration and may do so notwithstanding that there has been no prosecution for an offence under this Act in respect of that contravention. (5.) Any racing club may appeal against the refusal of a principal club to register it or to renew its registration, or against the revocation by a principal club of its registration, to the Governor in Council, and the decision of the Governor in Council with respect to that appeal shall be final and without further appeal and shall be binding upon the principal club, the racing club, and all other persons concerned. (6.) Without prejudice to any other means of enforcement, any principal club, racing club, or other person which or who fails to comply with a decision binding, under subsection five of this section, upon it or him shall be guilty of an offence against this Act. Audit. 34. (1.) Every club shall cause its books and Audit of accounts to be audited at least once in every financial accounts of year by a person registered as a public accountant racing clubs, under *“ The Public Accountants Registration Acts, 1946 no G27 s V25 to 1954.” ' ' (2.) The Minister may, when and so often as he is of the opinion that it is fit and proper so to do, order an audit of the books and accounts of a club to be made by an officer of the Department of the Auditor-General and that club shall not fail to allow that audit to be made or to render such assistance as may be required by that officer for the making of the audit. ' 11 G. 6. No. 4 and amending Acts.

128 GAMING. P art IV.— R egulation of H orsb R acing and C oursing . Racingand Betting Act. 3 E liz . II. No. 54, The cost of such audit shall be paid by the club to the Minister and, if not paid forthwith upon the amount thereof being made known to the club by the Minister, may be recovered in any court of competent jurisdiction. Minimum weight. Minimum 35. The minimum weight to be carried by any Tx Geo’, v. horse in any horse race for galloping horses, wherever No. 27, a. 24 . held in Queensland, shall not be less than seven stone. Unlawful Racing and Coursing. Dwcohanyedrsueocntingthe a rac3e 6m. ee(t1in. ) g, Ihtosrhsaelrlabcee,ucnolauwrsfiunlgfmoreeatipnegr,soonr ctooucrosinndgu— ct of racing or coursing is (а) In any part of the State, on any Sunday or unlawful. 21 Geo. V. No. 27, on Christmas Day, Good Friday or Anzac Day; ss. 6, 26. 11 Geo. VI. No. 3, s. 14. (б) In the Metropolitan Area or in any of the following Local Authority Areas, namely the cities of Bundaberg, Cairns, Charters Towers, Gympie, Mackay, Maryborough, Rockhampton, Toowoomba, and Townsville, on any day other than— (i.) A Saturday the date whereof is neither the twenty-fifth day of April (Anzac Day) nor the twenty-fifth day of December (Christmas Day) in the year in question; (ii.) A day (not being a Saturday or Christmas Day, Good Friday, or Anzac Day) which, or the afternoon of which, being appointed by or pursuant to *“ The Holidays Acts, 1912 to 1935,” to be kept or observed as a public holiday or part public holiday in the Metropolitan Area or, as the case may be, that Local Authority Area, is kept or observed therein as that public holiday or part public holiday; (iii.) (Where another day or the afternoon of another day is appointed pursuant to *“ The Holidays Acts, 1912 to 1935,” to be kept as a public holiday or part public holiday instead of the day appointed by or pursuant to that Act to be kept or observed as that public holiday or part public holiday and is so kept or observed in the Metropolitan Area, or, as * 3 G. 5 No. 17 and amending Acts.

GAMING. 129 1954. RacingandBettingAct. P am IV.— R egulation of H orse R acing and C oursing . the case may be, that Local Authority Area) —that day, including such another day so appointed instead of Christmas Day or Anzac Day; or (iv.) (In any Local Authority Area hereinbefore specified in this section, but subject to the prior approval of the Minister having been applied for and obtained)—a day (not being a Sunday, Christmas Day, Good Friday, or Anzac Day) which, though not specified in subparagraphs (i.), (ii.), and (iii.) of this paragraph (5) is nevertheless a day on which an annual and well established race meeting or, as the case may be, coursing meeting of particular interest to the inhabitants of the city in question is customarily held. (2.) Subsection one of this section does not apply with respect to the conducting by a registered club in the Metropolitan Area of a race meeting on a day (other than a Sunday, Christmas Day, Good Friday, or Anzac Day) on which that club is, pursuant to subsection three of section thirty-nine of this Act, permitted in writing by the Minister to conduct that race meeting. 37. It shall be unlawful for a person, other than a Proprietary non-proprietary club, to conduct a race meeting, horse race, coursing meeting, or coursing. 2 iG«oUv No. 27,'s. "l7. 38. It shall be unlawful for a person other than a unregistered non-proprietary registered club to conduct a race meeting ^j^ful for or partly for galloping horses. 2 ? Geo^v. No. 27, s. 18. 39. (1.) During any and every period in respect Racing on whereof an allotment under subsection one of section unallotted forty-five of this Act is in force in the Metropolitan Area unlawful, or, as the case may be, any Local Authority Area specified in section thirty-six of this Act it shall be unlawful— 26 °’ ’ ’ (а) For a registered club not named in the Order in Council whereby that allotment shall have been made to conduct in the Area in question a race meeting for galloping horses; or (б) For any registered club named in that Order in Council to conduct in the Area in

130 GAMING. P art IV.— R egulation op H orsb R acing and C oursing . Boeing and Betting Act. 3 Eutz. II. No. 54, question a race meeting for galloping horses on a day not allotted to that club by that allotment. For the purposes of this section, where an allotment as aforesaid does not identify by date or otherwise specified days thereby allotted, the dates fixed by the principal club for that Area (or, where a Committee is appointed under section forty-six of this Act, then in respect of the Metropolitan Area by that committee) for the conducting, by each and every registered club named in the Order in Council whereby that allotment shall have been made, of race meetings in that Area shall be deemed to be the days allotted to those registered clubs respectively by that allotment. This subsection applies subject to subsections two and three of this section. (2.) If, owing to weather conditions, it is found impossible or impracticable to conduct in any Local Authority Area specified in section thirty-six of this Act any race meeting for galloping horses on any day allotted pursuant to this Act, then the registered club concerned may conduct that race meeting on such day (being, in respect of the Area in question, a day on which a race meeting for galloping horses may lawfully be conducted under this Act) as it may determine, but not later than the Saturday of the second week following the week containing the day on which the postponed race meeting should have been conducted and not being a day which has been allotted pursuant to this Act to another registered club for conducting a race meeting for galloping horses in that Area. (3.) If, owing to weather conditions, it is found impossible or impracticable to conduct, in the Metropolitan Area, any race meeting for galloping horses on any day allotted pursuant to this Act, then the registered club concerned may, with the prior approval in writing of the Minister, conduct that meeting on another day, but not later than the Saturday of the second week following the week containing the day on which the postponed race meeting should have been conducted. Restriction on number of starters in certain races. 21 Geo. V. No. 27, s. 14. 40. It shall be unlawful for a person to— (a) Permit or suffer more than fourteen horses to start in a horse race for galloping horses the distance whereof is less than one mile; or

GAMING. 131 1954. Boeing a/nd Betting Act. PABT IV.— R egulation of H orse R acing and C oursing . (b) Permit or suffer more than sixteen horses to start in a horse race for galloping horses the distance whereof is one mile or longer, on a racecourse the inside circumference of the track whereof is less than one mile. 41. (1.) When and so often as the Governor in Declaration Council deems it necessary or expedient so to do he may, °Jott^1proved by Order in Council — clubs. (a) Declare any non-proprietary racing club to no !^,’^ 4 . be an approved club— (i.) For the Metropolitan Area ; or (ii.) For an Area (without the Metropolitan Area) defined in that Order in Council or in a prior Order in Council made under this section; ( b ) Declare that a racing club shall cease to he an approved club for the Area specified by him ; (c) Abolish or alter Areas defined by him pursuant to this section. The power of the Governor in Council under this subsection shall extend to the declaration by him (either at any one time or from time to time) of more non-proprietary racing clubs than one to be each respectively an approved club for the Metropolitan Area or any other Area defined by him. (2.) It shall he unlawful for a person, other than Trotting an approved club for the Metropolitan Area, to conduct “nd^ted in that Area, on a day later than three months after the by other coming into operation of this section, a race meeting for proved or partly for trotting horses. clubs unlawful (3.) At any time when a club or clubs is or are approved under this section for an Area without the Metropolitan Area, it shall be unlawful for a person other than such an approved club to conduct in that Area a race meeting for or partly for trotting horses. 42. (1.) Except as permitted by subsection two Restriction of this section in respect of the period of six months racecourses next following the coming into operation of this section, f°r races for it shall be unlawful for a person to conduct a race meeting horsed™8 for or partly for galloping horses on a racecourse which 21 Geo. v. is not licensed under this Act. . S 88 ° . 1 io 0 , 7 1 ii 1,1 i 5 s 16 .

132 GAMING. part iy .— R egulation of H orse R acing and C oursing . Racing cmd Betting Act. 3 E liz . II. No. 54, (2.) This section does not apply with respect to a race meeting for or partly for galloping horses conducted during the period of six months next following the coming into operation of this section in compliance in every respect with the provisions, other than subsection one of this section, of this Act on any of the following racecourses, that is to say :— . (a) In the Metropolitan Area, the racecourses respectively called the Eagle Farm Racecourse, Doomben Racecourse, Albion Park Racecourse, and Bundamba Racecourse ; (b) Outside but within sixty miles of the boundaries of the Metropolitan Area, or in any of the following Local Authority Areas, namely, the cities of Bundaberg, Cairns, Charters Towers, Mackay, Rockhampton, Toowoomba, and Townsville—a racecourse lawfully used immediately prior to the coming into operation of this section for the purpose of conducting race meetings for galloping horses thereon, and whereon at least three race meetings for galloping horses have been conducted during the period of twelve months next preceding the coming into operation of this section ; (c) Elsewhere than as specified in paragraphs (a) and (6) of this subsection—a racecourse lawfully used immediately prior to the coming into operation of this section for the purpose of conducting race meetings for galloping horses thereon, and whereon at least one race meeting for galloping horses has been conducted during the period of twelve months next preceding the coming into operation of this section. -Restriction (3.) It shall be unlawful for a person to conduct, roanceucsoeurosfes on a day later than three months after the coming into for trotting. operation of this section, a race meeting for or partly for trotting horses on a racecourse which is not then licensed under this Act. coRoneusurtssrieincgotifon on a( 4d. a)yIltatsehraltlhabne tuhnrelaewmfuolntfhosr aafteprertshoen ctoomicnogndinutcot grounds. operation of this section, a coursing meeting on a coursing ground which is not then licensed under this Act.

GAMING. 133 1954. RacingandBettingAct. P art IT.— R egulation of H orse R acing and C oursing . 43. It shall be unlawful for a person to conduct Night a race meeting, horse race, coursing meeting, or coursing ^ during night time. unlawful. 21 Geo. V. No. 27, ss. 4 a , 27 b . 44. (1.) A person shall not be present at or in a Attending place whereon a race meeting, horse race, coursing “r meeting, or coursing is being, or is about to be, conducted coursing during night time. ITttafv.’ (2.) A person guilty of an offence against this 8 s ° 4 A) 27 a , section shall be liable to a penalty not exceeding fifty27B- pounds. (3.) This section does not apply with respect to a member of the Police Force or an officer acting in the course of duty. 45. (1.) The total number of days during any Allotment period on which race meetings for galloping horses may days?™8 lawfully be conducted by registered clubs in— no ^ ' I' q (a) The Metropolitan Area ; or ii Geo. vi.’ (b) Any Local Authority Area specified in section ’ ' ’ thirty-six of this Act, may from time to time be allotted by the Governor in Council, by Order in Council, among those registered clubs named in the Order in Council. (2.) Such an allotment may be so made in either of the following manners, namely :— (а) By allotting to each registered club named in the Order in Council respectively a stated number of days without identifying by date or otherwise any day so allotted; or (б) By allotting to each registered club named in the Order in Council respectively specified days identified by date or otherwise. (3.) Subject to section thirty-six and, in the case of the Metropolitan Area, section forty-six of this Act, whenever such an allotment shall have been made in the manner specified in paragraph (a) of subsection two of this section, the principal club for the Area in question shall, in accordance with that allotment, fix dates on which registered clubs may during the period in respect whereof the allotment is made respectively conduct race meetings in that Area.

134 GAMING. P art IV.— R egulation of H orse R acing and C oursing . RacingandBetting Act. 3 E liz . II. No. 54, Allocation committee for race meetings for galloping horses. 46. (1.) The Governor in Council may, by Order in Council, appoint such number as he deems fit of persons representative in his opinion of the racing clubs which provide and maintain the racecourses whereon race meetings for galloping horses are conducted in the Metropolitan Area to be a committee. The appointee named as such in the Order in Council shall be the chairman of that committee. The Governor in Council may identify that committee by such name or style as he deems fit. Every appointee to that committee shall hold office as a member thereof at the pleasure of the Governor in Council. (2.) An Order in Council under or for the purposes of this section may provide for the quorum at meetings of the committee, times and places when and where it is to meet, procedure at meetings thereof, the filling of casual vacancies thereon, and all such other matters as the Governor in Council deems necessary or expedient to provide for, regulate and control the exercise by the committee of the functions imposed upon it by this section. (3.) If and when a committee is appointed under this section, it shall, in lieu of the principal club for the Metropolitan Area, fix in accordance with the allotment in respect of that Area the dates referred to in subsection three of section forty-five of this Act. Limitation of racing days for trotting. 21 Geo. V. No. 27, s. 4 ( 2 ). 47. (1.) The Governor in Council from time to time may, by Order in Council, fix the maximum number of days on which race meetings for trotting horses may be held— (а) In the Metropolitan Area; or (б) Where a club or clubs is or are approved under section forty-one of this Act for an Area outside the Metropolitan Area, in that Area, during the period specified in the Order in Council. (2.) Until otherwise determined by an Order in Council under this section, race meetings for trotting horses may be held in the Metropolitan Area on not more than ten days in any one calendar year.

GAMING. 135 1954. Bating and Betting Act. P art , IV — R egulation op H orse R aging and C oursing . (3.) Where the maximum number of days during any period on which race meetings for trotting horses may be held in any Area (including the Metropolitan Area) has been fixed pursuant to subsection one of this section and such race meetings have been held in that Area during that period on a number of days equal to the maximum number so fixed, then it shall be unlawful for any racing club to hold a race meeting for trotting horses in that Area on any day during the remainder of that period : Provided that until otherwise determined by Order in Council, when race meetings for trotting horses have been held in the Metropolitan Area on ten days during any calendar year it shall be unlawful for any racing club to hold a race meeting for trotting horses therein on any day during the remainder of that year. 48. (1.) Where two or more clubs are approved Allotment under section forty-one of this Act for— of racing days for (а) The Metropolitan Area ; or trotting. (б) An Area outside the Metropolitan Area, the Governor in Council from time to time may, by Order in Council, allot among those clubs the maximum number of days for any period fixed by him under subsection one of section forty-seven of this Act in respect of that Area. (2.) Such an allotment may be made— (а) By allotting to each approved club named in the Order in Council a stated number of days without identifying by date or otherwise any day so allotted ; or (б) By allotting to each approved club named in the Order in Council respectively specified days identified by date or otherwise. (3.) Where such an allotment shall have been made in the manner specified in paragraph (a) of subsection two of this section, and there is not subsisting a committee appointed under section forty-nine of this Act, the clubs approved under section forty-one of this Act for the Area in question shall, by agreement, fix in accordance with that allotment but subject to section thirty-six of this Act, dates on which they may respectively conduct race meetings for trotting horses in that Area.

186 GAMING. P am IV — REGULATION 09 HORSE R aging and C oursing . Racingand Betting Act. 3 E liz . II. No. 54, (4.) During a period in respect whereof an allotment under subsection one of this section is in force, it shall be unlawful for an approved club for the Area in respect whereof that allotment is in force to conduct therein a race meeting for trotting horses on a day not allotted to that approved club by that allotment. For the purposes of this subsection, where an allotment as aforesaid does not identify by date or otherwise specified days thereby allotted, the days fixed by the committee appointed under section forty-nine of this Act for the Area, or if there is not subsisting such a committee, the dates fixed by agreement among the approved clubs for the Area in question, for the conducting by those approved clubs respectively of race meetings for trotting horses in that Area, shall be the days allotted to each such club by that allotment. This subsection applies subject to subsection five of this section. (5.) If, owing to weather conditions, it is found impossible or impracticable to conduct any race meeting for trotting horses on any day allotted pursuant to this Act, then the racing club concerned may postpone that race meeting until such day (being, in respect of the Area in question, a day on which a race meeting for trotting horses may lawfully be conducted under this Act) as it may determine, but not later than the Saturday of the second week following the week containing the day on which the postponed race meeting should have been conducted and not being a day which has been allotted pursuant to this Act to another racing club approved under section forty-one of this Act for the Area concerned Committee 49. (1.) Where two or more clubs are approved emsatayblbieshed under section forty-one of this Act for the Metropolitan ito allot Area or for an Area outside the Metropolitan Area dtraoytstiinngArea. the Governor in Council may, by Order in Council, appoint such number as he deems fit of persons interested in his opinion in the racing of trotting horses to be a committee for the Area in question. The appointee named as such in the Order in Council shall be the chairman of that committee. Every appointee to that committee shall hold office as a member thereof at the pleasure of the Governor in Council.

GAMING. 137 1954. RacingandBettingAct. P art IV.— R egulation of H orse R acing ani > coursing . (2.) An Order in Council under or for the purposes of this section may provide for the quorum at meetings of the committee, times and places when and where it is to meet, procedure at meetings thereof, the filling of casual vacancies thereon, and all such other matters as the Governor in Council deems necessary or expedient to provide for, regulate and control the exercise by the committee of the functions imposed upon it by this section. (3.) If and when a committee is appointed under this section, it shall, where an allotment shall have been made in the manner specified in paragraph (a) of subsection two of section forty-eight of this Act, fix, in accordance with that allotment but subject to section thirty-six of this Act, in respect of the Area for which it is established, dates on which the approved clubs for that Area may during the period in respect whereof the allotment is made respectively conduct race meetings for trotting horses in that Area. 50- (1.) When and so often as the Governor in Declaration Council deems it necessary or expedient so to do he may, by Order in Council — dubs. (а) Declare any non-proprietary coursing club to be an approved coursing club— (i.) For the Metropolitan Area ; or (ii.) For an Area (without the Metropolitan Area) defined in that Order in Council or in a prior Order in Council made under this section; (б) Declare that a coursing club shall cease to be an approved coursing club for the Area specified by him ; (c) Abolish or alter Areas defined by him pursuant to this section. The power of the Governor in Council under this subsection shall extend to the declaration by him (either at any one time or from time to time) of more non-proprietary coursing clubs than one to be each respectively an approved coursing club for the Metropolitan Area or any other Area defined by him.

208 ART VIII — M iscel ­ laneous . GAMING. Racingand Betting Act. 3 E liz . II. No. 54, (iv.) A particular person was the secretary, chairman, or a member of the committee or other governing body of a club or other association of persons mentioned in the complaint; or (b) On a specified day— (i.) A race meeting, coursing meeting, or athletic meeting was held or appointed to be held at a specified place ; or (ii.) A horse or dog, known by a specified name, competed in, or had been entered to compete in, a race at a race meeting or coursing meeting, as the case may be, shall be deemed to be proved until the contrary is proved ; (x.) On proof that any place is opened, kept, or used for any purpose specified in subsection one of section one hundred and eight of this Act, that place shall be deemed to be so opened, kept, or used with the permission of the occupier thereof, unless the contrary is proved; (xi.) If it is proved that in or on any place alleged to be opened, kept, or used as a common betting house there is installed a telephone instrument the number of which does not appear in the telephone directory current at the time of the alleged offence, such place shall be deemed to be opened, kept, or used as a common betting house, until the contrary is proved; (xii.) In any proceedings in respect of the unlawful use of a totalisator, the onus of proving that it was used under the authority, and in accordance with the terms and conditions, of a totalisator license shall be on the defendant. (2.) If on the hearing of any complaint against any person for an alleged offence against any of the provisions of section one hundred and six, or of subsection one of section one hundred and eight, of this Act, the evidence for the prosecution is such as to raise in the mind of the justices hearing the complaint a reasonable suspicion that the person is guilty of the offence charged

1954. GAMING. RacingandBettingAct. 209 P art VIII.— M iscel ­ laneous . against him in the complaint, that evidence shall be deemed primd facie evidence that that person is guilty of that offence. (3.) Subsections one and two of this section shall not prejudice any other means of proving the elements of any alleged offence and shall not lessen or affect any onus of proof otherwise falling on the defendant. (4.) The boundaries of every Electoral Zone and of other prescribed area or locality shall be judicially noticed. (5.) Judicial notice shall be taken of every determination, order, notification, or direction under this Act published in the Gazette. 139. (1.) Subject to the provisions Of Subsections Avoidance of two and three of this section— b^wayof3 (i.) All contracts or agreements whether by parole &0- or in writing by way of gaming or wagering no . 9,’ s . 8; shall be void ; si Vic. No. 36, s. 43; (ii.) Any promise, express or implied, to pay any59Vic. person any sum of money paid by him under, No‘9’ s‘33, or in respect of, any such agreement or to pay any sum of money by way of commission, fee, reward, or otherwise in respect of any such agreement, or of any services in relation thereto, or in connection therewith, shall be void ; and (iii.) No action shall be brought or maintained in any court whatsoever to recover any sum of money or other property whatsoever— (a) Alleged to be won or lost upon any bet; or (b) Which has been deposited in the hands of any person to abide the event on which any bet has been made ; or (c) Lent or advanced for the purpose of gaming or wagering. (2.) This section shall not apply to any subscription or contribution or agreement to subscribe or contribute for or to any plate, prize, or sum of money to be awarded to the winner of any lawful game, sport, pastime, or exercise or to a person receiving or holding the subscription or contribution for that purpose. (3.) A person who, in the course of the lawful when carrying on by him of the business of a bookmaker ^°°y sfe o0rr on or in licensed betting premises or a racecourse, be sued.

210 GAMING. P ast VIII.—-------------------------------------------------------------------------------------------------------------------------- ------- ■ l ^ nhous . Racingand Betting Act. 3 E liz . II. No. 54, coursing ground, or athletic ground, makes a bet with any other person, shall be deemed to have made a contract with the person with whom he has made the bet, and may sue that other person and be sued by that other person in any court of competent jurisdiction on such contract in like manner as a party to any other contract may sue the other party or be sued by the other party thereto on that other contract, and the judgment given by the court of competent jurisdiction in respect of the contract between the bookmaker and the other person with whom he had made such bet as aforesaid shall be valid and enforceable, and that contract shall be deemed not to be void. Protection 140. No matter or thing done by the Minister, or Minister, by a Commissioner of Stamp Duties, or by the Board officers, &c. or a member thereof, or by any person acting with the authority of the Minister, or of a Commissioner of Stamp Duties, or of the Board, or by any member of the Police Force or any officer, or by any other person, in good faith and without negligence for the purpose of executing this Act or in the execution of his powers and duties under this Act, shall subject the Crown, or the Minister, or the Commissioner of Stamp Duties, or the Board, or the member of the Police Force, officer, or other person, as aforesaid to any liability in respect thereof. Limitation 141. (1.) An action shall not be brought against any of acu°ns. person for anything done or intended or omitted to No. 9, s. 35. be done under this Act until the expiration of one month after notice in writing has been served on such person, clearly stating the cause of action and the name and address of the intended plaintiff and of his solicitor or agent. On the trial of any such action, the plaintiff shall not be permitted to go into evidence of any cause of action which is not stated in the notice so served. Unless such notice is proved, the court before which the action is brought shall find for the defendant. Every such action shall be commenced within three months next after the accruing of the cause of action, and shall be tried in the circuit, district, or place where the cause of action occurred and not elsewhere. Any person to whom any such notice of action is given may tender amends to the plaintiff, his solicitor, or

1954. GAMING. RacingandBettingAct. 211 PART VIII.— M iscel ­ laneous . agent at any time within one month after service of the notice, and in case the same is not accepted may plead such tender. (2.) In any such action, if a verdict is given for the defendant, or the plaintiff becomes non-suited or discontinues after issue joined, or if upon demurrer or otherwise judgment is given against the plaintiff, the defendant shall recover his full costs as between solicitor and client, and have the like remedy for the same as any defendant has by law in other cases, and if a verdict is given for the plaintiff he shall not have costs against the defendant unless the Judge or court before whom the trial is held certifies his or its approbation of the action and of the verdict obtained thereupon. (3.) Subsections one and two of this section shall be read and construed so as not to apply to prosecutions under this Act for offences against this Act, or to proceedings under this Act to recover any fees, taxes, or other moneys payable under or in pursuance of this Act. 142. (1.) Unless otherwise indicated or provided, Penalties, all forfeitures, penalties, fees, taxes, and other moneys fo0-’ payabl0 recovered under this Act shall he paid into and become Consolidated part of the Consolidated Revenue Fund : RFuevnedn. ue " Provided that any penalty imposed under this Act in any proceedings in which a member of the Police Force is the complainant shall upon recovery he paid and applied—one half into the Consolidated Revenue Fund and the other half into the Police Reward Fund : Provided further that the court before which any person is convicted of an offence against this Act may, upon imposing any penalty for that offence, award any amount, not exceeding one half of that penalty, to the person, not being a member of the Police Force or an officer, who may have supplied such information as has led to the conviction of the offender or on whose complaint the offender is convicted, and that penalty shall upon recovery he paid and applied—in accordance with such award and the balance into the Consolidated Revenue Fund. (2.) The cost of the administration of this Act shall Cost of he paid out of moneys from time to time appropriated ^uustra" by Parliament for the purpose. 143 (1.) Any determination, order, notification, or Service of direction that is required or permitted under this Act to or ers’ &c

212 P art VIII.— M iscel ­ laneous . GAMING. Racingand Betting Act. 3 E liz . II. No. 54, be given to or served upon any person may, unless some other mode of giving or serving the same is expressly prescribed, be given to or served on that person— (i.) By delivering the same to him personally ; or (ii.) By leaving the same at or by forwarding the same by post in a prepaid letter addressed to him at his usual or last known place of abode or business or, in the case of such a determination, order, notification, or direction, to be given to or served on a person who is licensed under and for any of the purposes of this Act, by leaving the same at or by forwarding the same by post in a prepaid letter addressed to him at his licensed premises. (2.) Any determination, order, notification, or direction that is required or permitted by this Act to be given to or served on the committee or other governing body of any club or other body or association of persons may, unless some other mode of giving or serving the same is expressly prescribed, be given or served by delivering it to the secretary of the club or other body or association ofpersons personally or by forwarding the same by post in a prepaid letter addressed to the secretary at his usual or last known place of abode or business. (3.) In the case of any determination, order, notification, or direction served by forwarding the same by post in a prepaid letter pursuant to this section, such determination, order, notification, or direction shall, unless the contrary is proved, be deemed to have been served at the time at which the letter would be delivered in the ordinary course of post. Regulations. 144. (1.) The Governor in Council may from time to time make regulations providing for all or any purposes, whether general or to meet particular cases, that may be convenient for the administration of this Act or that may be necessary or desirable to carry out the objects and purposes of this Act. Without limiting the generality of the foregoing provisions of this section, regulations may be made for or in respect of all or any of the following purposes, matters, and things :— # Duties of * officers, &c. 14 Geo. V. (i.) Prescribing, regulating, and controlling the powers and duties of the Board and of the No. 23, s. 9 (2) (i). chairman and other members thereof, and

1954. GAMING. Boeing and Betting Act. 213 P art VIII.— M iscel ­ laneous . of any officers (including inspectors of totalisators, returning officers, and the secretary to the Board), and of all or any members of the Police Force for the purposes of this Act; * (ii.) Prescribing terms and conditions for totalisator Totalisators. licenses ; providing for the regulation and ^oG®°-v- management of totalisators ; providing for s. 9 ( 2 )’; the supervision of totalisators whereat ^oG|°- inspectors of totalisators are not in(i)’(vi)’. ’ attendance ; the information to be shown on totalisator tickets; on what horses dividends shall be paid, and the percentage on each ; the posting of dividends ; the time within which dividends shall be paid; the prohibiting of the conductor of any totalisator or any of his employees or employees of the racing club from betting with the totalisator; the settlement of disputes in connection with totalisators ; the regulation of the manner of approaching to and departing from totalisators; the regulation generally of the conduct of persons in the vicinity of totalisators; the authorisation of members of the Police Force to control and direct the conduct of persons in the vicinity of totalisators; the compliance by persons in the vicinity of totalisators with the reasonable directions of members of the Police Force; standards for totalisators and, without limiting the generality hereof, providing with respect to the mechanical construction, accuracy, and reliability of totalisators, and fixing the denominations of totalisator tickets which shall be issued from all or any totalisators; (iii.) Prescribing returns of any prescribed Returns, &c. information, statistics, and data to be n 0G 27 ,’ V' furnished to the Minister or the Commissioner s. 33 (i) (i). of Stamp Duties or the Board, and the contents thereof, by such persons or all persons comprised in such classes of persons as may be prescribed, and the time and mode of making and furnishing the same ;

214 P art VIII.— M iscel ­ laneous . Appeals. 21 Geo. V. No. 27, s. 33 (1) (iii). Racecourses, &c. 21 Geo. V. No. 27, s. 33 (1) (iv). Rules of clubs. 21 Geo. V. No. 27, s. 33 (1) (vii). Mechanical quarries. Fees. GAMING. Racing and Betting Act. 3 E liz . II. No. 54, (iv.) Providing for the hearing of appeals under this Act, and, in the case of appeals to the Governor in Council, the delegation by the Governor in Council to any person to ' hear such appeals and to make any recommendation thereon ; (v.) Regulating and controlling racecourses and coursing grounds and the licensing thereof; fixing maximum prices of admission to racecourses or coursing grounds or any prescribed part or parts thereof; and prescribing the accommodation and essential services to be provided upon racecourses or coursing grounds or any of these things ; (vi.) Requiring all clubs or the clubs comprised in such class or classes of clubs as may be prescribed to submit their rules to the Minister, and empowering the Minister, in his discretion, to approve or disapprove of all or any rules of a club so submitted to him, or to approve all or any of them subject to any amendment, alteration, substitution, addition, or modification otherwise as he shall direct; prescribing the things and steps to be taken by clubs for ensuring that their rules comply with directions as aforesaid by the Minister, and prohibiting any club from carrying into effect any rule disapproved by the Minister or from making any new rule or from amending or rescinding any rule or rules so approved of without the approval of the Minister ; (vii.) Prescribing standards for the construction of mechanical quarries used in coursing; prohibiting the use in any coursing of any mechanical quarry which does not comply in all respects with the standards prescribed; regulating and controlling the conduct of coursing meetings and coursing ; (viii.) Prescribing fees payable under this Act and the matters in respect of which such fees shall be paid and prescribing the persons by whom and the places and times when and where such fees shall be paid;

1954. GAMING. Boeing and Betting Act. 215 P art VIII.— M iscel ­ laneous . (ix.) Prescribing the amount of any penalty or Penalty and punishment by imprisonment for any offence Pumshment- against any regulation, provided that any such penalty shall not exceed one hundred and fifty pounds and any such punishment by imprisonment shall not exceed a term of three months ; (x.) Prescribing forms under this Act and the Forma, respective purposes for which such forms or forms to the like effeot shall be used ; and (xi.) Prescribing all matters or things which by General, this Act are required or permitted to be prescribed save such of those matters and things as are required to be prescribed otherwise than by regulation. (2.) The power to make with respect to any persons or any matters or things whatsoever, any regulation under this Act shall include power to make that regulation so that it may be of general or specially limited application according to time, place, purposes, class, or circumstances, or otherwise as is prescribed, and so that any regulation of specially limited application may or may not differ from any other regulation of specially limited application with respect to the same persons, matters, or things. The power to make regulations with respect to any matter shall include power to make regulations under this section prohibiting that matter either generally or to meet particular cases. The power to make regulations under this Act shall include power to repeal, amend, or otherwise modify any regulation in force at the commencement of this Act and continued in force by virtue of any provision of this Act. Fees of different amounts may be prescribed both in respect of different matters and, by reference to different persons, localities, or other circumstances, the same matter. (3.) Regulations may be made under this Act at any time after the passing hereof. 145. (1.) When under this Act power is had to make Further or give any Proclamation, Order in Council, regulation, ™th rule, order, notification, or direction, power shall be Orders in had to make or, as the case may be, give one or more reg’XtfoSj Proclamations, Orders in Council, regulations, rules, orders, &o. ’

216 P art VIII.— M iscel ­ laneous . GAMING. RacingandBetting Act. 3 Euz. II. No. 54, notifications, or directions as may appear necessary or expedient in the circumstances, and either at one and the same time or from time to time. (2.) (a) The Board, with the approval of the Minister, from time to time may by a further rule revoke, amend, or otherwise modify any rule made by it under this Act. (6) Proclamations and Orders in Council may be made under this Act at any time after the passing hereof. (3.) No misnomer, inaccurate description or omission in or from any Proclamation, Order in Council, regulation, rule, determination, order, notification, or direction under this Act shall in any wise prevent or abridge the operation of this Act with respect to the subject matter of that misnomer, inaccurate description, or omission provided the same is designated so as to be understood. Publication 146. (1.) Every Proclamation, Order in Council, otifonPsr,o&clac.ma­ regulation, and rule made under this Act shall— (i.) Be published in the Gazette ; (ii.) Upon its publication in the Gazette, be judicially noticed and such publication shall be conclusive evidence of the matters contained therein; (iii.) Take effect from the date of such publication unless, in the case of any such Order in Council, regulation, or rule, a later date is specified in that or any other Order in Council, regulation, or, as the case may be, rule for its commencement when in such event it shall take effect from that later date ; and (iv.) In the case of every Proclamation, Order in Council, and regulation, be laid before Parliament within fourteen sitting days after such publication if Parliament is in session, and if not, then within fourteen sitting days after the commencement of the next session. (2.) If Parliament passes a resolution of which notice has been given at any time within fourteen sitting days after any such Proclamation, Order in Council, or regulation has been laid before Parliament

1954. GAMING. RacingandBettingAct. 217 P art VIII.— M iscel ­ laneous . disallowing such Proclamation, Order in Council, or regulation or part thereof, that Proclamation, Order in Council, or regulation or part shall thereupon cease to have effect, hut without prejudice to the validity of anything done in the meantime or to the making of a further Proclamation, Order in Council, or regulation. SCHEDULES. THE FIRST SCHEDULE. Year and Number of Act. Short Title. Extent of Repeal. F irst S chedule . [Section 4.] 14 Vic. No. 9 .. 53 Vic. No. 2 .. 56 Vic. No. 15 59 Vic. No. 9 .. 2 Edw. VII. No. 4 14 Geo. V. No. 23 21 Geo. V. No. 27 22 Geo. V. No. 9 I Edw. VIII. No. 24 11 Geo. VI. No. 3 12 Geo. VI. No. 40 “ The Gaming Act of 1850 ” ' “ The Totalisator Re­ striction Act of 1889 ” “ The Totalisator Tax Act, 1892 ” “ The Suppression of Gambling Act of 1895” “ The Totalisator Tax Amendment Act of 1902 ” “ The Racecourses Act of 1923 ” “ The Racing Regulation Amendment Act of 1930 ” “ The Racing Regulation Further Amendment Act of 1931 ” “ The Racecourses Acts and Other Acts Amendment Act of 1936 ” “ The Racing Limitation Act of 1946 ” “ The Suppression of Gambling Acts Amendment Act of 1948 ” Section eight The whole Act The whole Act Sections twelve and thirteen ; Part III. and Part IV. (being sections fifteen to thirty-one, both inclusive) ; and section thirty-three The whole Act The whole Act The whole Act The whole Act The whole Act, excepting sections one, two, seventeen, eighteen, twenty-two, twenty- three, twenty-four, and twentv-six of that Act The whole Act The whole Act

218 S econd S chedule . [Section 5.] GAMING. Racingand Betting Act . 3 E liz . II. No. 54, THE SECOND SCHEDULE. Acts Amended. Amendments. Gaming Acts. Gaming Acts. <( The Art Union Regulation Act of 1930 ” as subse­ quently amended (21 Geo. V. No. 11 as subsequently amended) « The Vagrants, Gaming, and Other Offences Act of 1931 ” as subsequently amended (22 Geo. V. No. 27 as subsequently amended) In section two of that Act the definition of the term “ Gaming Acts ” is repealed and the following definition is inserted in lieu of that repealed definition :— “ “ Gaming Acts ”—“ The Gaming Act of 1850, “ The Suppression of Gambling Acts, 1895 to 1948,” “ The Vagrants , Gaming, and Other Offences Acts, 1931 to 1949,” sections two hundred and thirty-two to two hundred and thirty-five, both inclusive, of “ The Criminal Code ,” and “ The Racing and Betting Act of 1954 ” ; ” In section two of that Act the definition of the term “ Gaming Acts ” is repealed and the following definition is inserted in lieu of that repealed definition :— “ “ Gaming Acts”—“ The Gaming Act of 1850,” “ The Suppression of Gambling Acts, 1895 to 1948,” “ The Art Union Regulation Acts, 1930 to 1954,” sections two hundred and thirty-two to two hundred and thirty-five, both inclusive, of “ The Criminal Code,” and “ The Racing and Betting Act of 1954 ” ; ”

1954. GAMING. RacingandBettingAct. 219 THE THIRD SCHEDULE. T hird S chedule . The Racing andBettingAct of 1954. Queensland \ To wit. J W arrant . [Section 122.] To of , in the State of Queensland, or to any other member of the Police Force of Queensland. You are hereby authorised at any time whether by day or by night, within the period of one calendar month after the date of this warrant, either alone or with the assistance of such members of the Police Force or other persons as you may think fit, to enter and re-enter into or on, and to search, a certain place, to wit and to use force if necessary in making entry or re-entry, whether by breaking open doors or windows or otherwise, and to pass through, from, over, and along any other place for the purpose of entering or re-entering as aforesaid, and to break open and search in the place to which this warrant relates any cupboards, drawers, chests, trunks, boxes, bags, parcels, packages, or other things, whether fixtures or not, in which, in your opinion, there are reasonable grounds for suspecting that there are any instruments c f betting, or any money or documents or other things whatsoever that may reasonably be supposed to have been used, or to be designated for use, in connection with, or in relation to any offence against “ The Racing and Betting Act of 1954,” or that you may reasonably expect to afford evidence as to the commission of any offence against that Act, and to seize and retain and remove all or any instruments of betting, money, documents, or other things whatsoever as aforesaid which you find in or on that place, or upon any persons found in, on, or about such place, and to make copies of and take extracts from any lists, cards, books, tickets, vouchers, papers, or other documents that you so find, and to arrest any person whom you find in, on, or about that place and to bring him or cause him to be brought before justices to be dealt with according to law. Dated at of this 19 . day A Justice of the Peace. GOVERNOR'S SALARY. See C onstitution .