Racing and Betting Acts Amendment Act of 1963 (Qld)

182 (Que Us1=br ANTNO DUODECIMO ELIZABETHAE SECUNDAE REGINAE No. 32 of 1963 An Act to Amend " The Racing and Betting Acts, 1954 to 1962," in certain particulars [ASSENTED TO 13TH DECEMBER, 1963] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled , and by the authority of the same , as follows:- 1. (1) Short title . This Act may be cited as " The Racing and Betting Acts Amendment Act of 1963." (2) Principal Act. " The Racing and Betting Acts, 1954 to 1962," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Racing and Betting Acts, 1954 to 1963." 2. Amendment of s. 6 . Section six of the Principal Act is amended by omitting from the definition " night time " the words " six o'clock in the afternoon " and by inserting in their stead the words " seven o'clock in the evening ".

Racing and Betting Acts Amendment Act of 1963, No. 32 183 3. Amendment of s. 63 . Section sixty-three of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsections:- " (2) (a) Paragraph (ii) of subsection (1) of this section applies to any and every sale, offer for sale or purchase of any ticket, card or other thing specified in that paragraph save-- (i) such a sale or offer for sale which is lawfully made by a person operating a totalisator; or (ii) such a purchase which is lawfully made from a person operating a totalisator. (b) A sale or offer for sale or purchase mentioned in paragraph (a) of this subsection shall not be lawfully made by or from a person operating a totalisator unless such sale, offer for sale or purchase is made at a time when such totalisator is being lawfully operated under this Part and such sale or offer for sale is made by or such purchase is made from the person operating the totalisator in question. (3) Paragraphs (i) and (iii) of subsection (1) of this section do not apply to a totalisator which is lawfully operated in accordance with the provisions of this Part or to a person operating such a totalisator, or betting thereon or therewith. (4) The provisions of subsection (1) of this section do not apply to a bet which, except for those provisions, is lawfully made with a bookmaker. (5) (a) For the purposes of this section any bet with the Authority shall be deemed to be a bet on a totalisator. (b) In this section- (i) the expression " person operating a totalisator " includes any person assisting in operating a totalisator and, in the case of the Authority includes the Authority and every person operating or assisting in operating any totalisator agency established by the Authority and whether as its agent or as an employee of it or of its agent; (ii) the expression " the Authority " means the Authority constituted under the name " The Totalisator Administration Board of Queensland " by Order in Council dated the fifteenth day of February, one thousand nine hundred and sixty-two, made pursuant to " The Racing and Betting Acts, 1954 to 1961 "." 4. Amendment of s. 71A. Section 71A of the Principal Act is amended by omitting from the second paragraph of subsection (7) the words " or section sixty-three ". 5. Amendment of s. 74. Section seventy-four of the Principal Act is amended by adding after paragraph (e) the word "or" and the following paragraph:- (f In the course of carrying on the business of or acting as a bookmaker at a race. meeting for or partly for the racing of trotting horses on a racecourse make a bet on any event or contingency other than- (i) an event to be decided at that race meeting;

184 Racing and Betting Acts Amendment Act of 1963, No. 32 (ii) a race for trotting horses to be decided at a race meeting for or partly for trotting horses on some other racecourse; (iii) an event or contingency whereon the Governor in Council (who is. hereby thereunto authorised) has by Order in Council authorised ' bets to be made by a bookmaker in the course of carrying `on.- the business of or acting as such at a race meeting on such racecourse, unless such racecourse was licensed as such under this Act for the year ended the:thirtieth day of June, one thousand nine hundred and sixty-three and race meetings for or partly for trotting horses were conducted thereon in that year." 6. Amendment ` of s. 95n . Section 95B of the Principal Act is amended by adding the following subsection: (5). (a) If a bookmaker, other than a licensee- (i) upon demand in that behalf made by the Commissioner of Stamp Duties,. a person authorised by the said Commissioner, or an officer,. fails to produce to the said Commissioner, authorised person or officer in compliance in every respect with such demand any book required by this Act to be kept by such bookmaker; (ii) in respect of any week, fails to deliver or send as prescribed by regulation 41F the return prescribed by that regulation accompanied by the betting sheets, prescribed to accompany that return; (iii) in respect of any week, delivers or sends in purported compliance with regulation 41F a return which in the opinion of the Commissioner of Stamp Duties is false or misleading in a material particular, or. which is accompanied by any betting sheet prescribed to accompany that return: which in the opinion of the Commissioner, of. Stamp Duties is false or misleading in a material particular; (iv) in respect of any week, fails to pay in compliance with subsection. (2) of section 95A of this Act, the amount of bookmaker's turnover tax payable .by such bookmaker, the Commissioner may, whether or ' not such bookmaker has been prosecuted for the offence constituted by his act or omission, by writing under his hand direct that no racing club, coursing club or athletic club shall permit or suffer such bookmaker to carry on the business of or to act as a bookmaker on a racecourse, or a coursing ground, or, as the case may be, place where an athletic meeting is conducted whereof such club has the control. The reference in this paragraph (a) to regulation 41F includes a reference to any regulation amending or substituted for regulation 41F. (b) A direction referred. to in this subsection shall be binding upon any racing club, coursing club or athletic club on and from the date when ..such direction is given to the committee or other governing body of such club and thereafter until the Commissioner of Stamp Duties gives to such committee or. other governing body notice in writing that he has revoked such direction. Where such a direction is given to the committee or other governing body of a principal club, such direction shall by virtue of being so given be deemed to be given to any and every club in relation to which the principal club is the principal club and shall be binding upon any and cvery such club accordingly.

Racing and Betting Acts Amendment Act of 1963, No. 32 185 (c) A racing club, coursing club or athletic club shall not permit, or suffer a bookmaker to carry on business or act as such on any racecourse, coursing ground or, as the case may be, place where an athletic meeting is conducted whereof such club has the control contrary to a direction-given by the Commissioner of Stamp Duties under this subsection. (d) A bookmaker shall not at any time during which a direction under this subsection in relation to him is in force carry on the business of or act as a bookmaker on any racecourse, coursing ground or place where an athletic meeting is held. A license, permit or other allthority issued by a ' principal club or other- club shall not authorise, justify or excuse a contravention of this paragraph, but the Court shall not convict the defendant if it is satisfied that he did not know of the direction. (e) In any proceedings under this subsection a certificate purporting to be signed by the Commissioner of Stamp Duties and stating that a direction proved in that proceeding to have been given by him under this subsection has not been revoked shall be evidence of that fact and in the absence of evidence in rebuttal shall be conclusive evidence thereof. (f) In this subsection the expression " principal club " means- (i) a principal club; , (ii) a principal trotting club; (iii) in the case of a coursing club which requires a person permitted by it to carry on the business of or to act as a bookmaker on a coursing ground under its control to hold alicense or other authority issued by a club or body or association of persons, such club or body or association of persons." 7.. Amendments of s. 97 . Section ninety- seven -of the Principal Act is amended by- (a) in subsection ( 1), omitting the words , numeral and brackets Subject to subsection ( 4) of this section "; .(b) in subsection ( 2), inserting after the words " every betting ticket issued by him" the words " in respect of a bet , other than a credit bet as defined in section ninety-eight of this Act,"; ' (c) adding to subsection ( 3) the words " other than a credit bet. as. defined in section ninety-eight of this Act "; (d) omitting subsection ( 4); and (e) re-numbering subsection (5) to be subsection (4). 8. Amendments of s. 98 . Section ninety-eight of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsection:- (2) In respect of any credit bet a bookmaker shall forthwith upon making the bet enter or cause to be entered in his betting book in the prescribed manner the particulars of the bet, the number of the betting ticket issued 'by him in respect of the bet, and the name of the backer and,, immediately. after so .doing, shall either deliver to the bettor or destroy the betting ticket."

186 Racing and Betting Acts Amendment Act of 1963, No. 32 9. Amendments of s. 141 . Section one hundred and forty-one of the Principal Act is amended by- (a) in subsection (1) omitting the words " three months " and inserting in their stead the words " twelve months "; (b) omitting subsections (2) and ( 3) and inserting in their stead the following subsection:- " (2) This section shall not 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."