Racing and Gaming Amendment (Gaming Provisions Removal) Act 2001
An Act to amend the Racing and Gaming Act 1952
[Royal Assent 29 June 2001]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1Short titleThis Act may be cited as the Racing and Gaming Amendment (Gaming Provisions Removal) Act 2001 . 2CommencementThis Act commences on 1 July 2001. 3Principal ActIn this Act, the Racing and Gaming Act 1952 is referred to as the Principal Act. 4Long title substitutedThe Principal Act is amended by omitting the long title and substituting the following long title: An Act to provide for the regulation of horse-racing and greyhound racing, to provide for the use of the totalizator, to provide for betting and for related matters |
5Section 1 amended (Short title and commencement)Section 1(1) of the Principal Act is amended by omitting "and Gaming" and substituting "Regulation". 6Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of Commission ; (b) by omitting the definition of lottery ; (c) by omitting ", and includes a common gaming-house" from the definition of public place ; (d) by omitting the definition of sweepstake ; (e) by omitting the definition of tipping competition ; (f) by omitting "who" first occurring from the definition of to bet and substituting "who, in relation to a sporting contingency"; (g) by omitting "or wagers" from paragraph (a) of the definition of to bet ; (h) by omitting "or wager" from paragraph (b) of the definition of to bet ; (i) by omitting "or wager," from paragraph (c) of the definition of to bet ; (j) by omitting "bet or wager –" from paragraph (c) of the definition of to bet and substituting "bet –". 7Section 29 amended (Form and effect of registration) Section 29(1A) of the Principal Act is amended by omitting "Commission –" and substituting "Director –". 8Section 31 amended (Betting on racecourses, &c., lawful) Section 31 of the Principal Act is amended as follows: (a) by omitting "bet, by way of wagering or gaming," and substituting "bet"; (b) by omitting "place within the meaning of that Part." and substituting "place.". 9Section 60 amended (Cancellation, &c., of certificates of registration on certain convictions) Section 60(1) of the Principal Act is amended as follows: (a) by inserting " section 5A of the Gaming Control Act 1993 or" after "under"; (b) by omitting paragraph (c) . 10Section 62A repealed Section 62A of the Principal Act is repealed. 11Section 70 amended (Payment of commission by bookmakers) Section 70(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (c) "wagered" and substituting "bet"; (b) by omitting from paragraph (d) "wagered" and substituting "bet". 12Section 71 amended (Payment of certain commission to clubs) Section 71(1)(c) of the Principal Act is amended by omitting "other than bets made under a telephone sports betting licence". 13Section 75 amended (Prohibition of betting at certain odds, &c.) Section 75 of the Principal Act is amended by omitting subsection (4) . 14Section 77 amended (Offences by bookmakers) Section 77(1)(d) of the Principal Act is amended by omitting "a telephone sports betting licence,". 15Section 78 amended (Offences by bettors) Section 78(1A) of the Principal Act is amended by omitting "with the holder of a telephone sports betting licence or". 16Part VI: Heading amended Part VI of the Principal Act is amended by omitting "UNLAWFUL GAMING" from the heading to that Part and substituting "OFFENCES GENERALLY". 17Sections 82A , 83 , 83A and 84 substituted Sections 82A , 83 , 83A and 84 of the Principal Act are repealed and the following section is substituted: 83Application of Part VI Nothing in this Part applies to – (a) a totalizator that is lawfully used in accordance with the provisions of Part IV , or to a person so using a totalizator or betting on or with a totalizator; or (b) a person betting in accordance with the provisions of Part V . 18Part VI, Divisions IIB and IIC repealed Divisions IIB and IIC of Part VI of the Principal Act are repealed. 19Part VI, Division III: Heading amended Division III of Part VI of the Principal Act is amended by omitting "Unlawful betting and gaming" from the heading to that Division and substituting "Offences". 20Section 93 repealed Section 93 of the Principal Act is repealed. 21Section 96 amended (Prohibition of advertising of unlawful betting-places) Section 96 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "or wagers"; (b) by omitting from subsection (3)(a) "or wager" twice occurring; (c) by omitting from subsection (3)(b) "or wager". 22Section 97 amended (Prohibition of betting, &c., with minors) Section 97 of the Principal Act is amended as follows: (a) by omitting from subsection (1)(a) "or wager"; (b) by omitting from subsection (1)(b) "or wager" first occurring; (c) by omitting from subsection (1)(b) "or wagering" twice occurring; (d) by omitting from subsection (1)(b) "bet or wager," and substituting "bet,"; (e) by omitting from subsection (2) "or wagers with". 23Section 104 repealed Section 104 of the Principal Act is repealed. 24Part VI, Division IV repealed Division IV of Part VI of the Principal Act is repealed. 25Section 106A repealed Section 106A of the Principal Act is repealed. 26Section 107 amended (Power to enter and search places used for, and arrest persons suspected of, offences against this Act) Section 107 of the Principal Act is amended as follows: (a) by omitting from subsection (2)(c) "dice, balls, counters, tables, or other instruments of gaming, or any money, lists, cards, books, tickets, vouchers, papers, or other" and substituting "things, money or"; (b) by omitting paragraph (d) from subsection (2) and substituting the following paragraph: (d) seize and retain any things, money or documents referred to in paragraph (c) and make copies of, or take extracts from, any such documents; and (c) by omitting from subsection (3) "dice, balls, counters, tables, or other instruments of gaming, and any money, lists, cards, books, tickets, vouchers, papers, or other" and substituting "things, money or"; (d) by omitting from subsection (3) "lists, cards, books, tickets, vouchers, papers, or other" second occurring; (e) by omitting from subsection (3) "dice, balls, counters, tables, or other instruments of gaming, or the money, lists, cards, books, tickets, vouchers, papers, or other" and substituting "things, money or". 27Section 108 amended (Power to arrest, &c., persons betting in public places) Section 108 of the Principal Act is amended as follows: (a) by omitting subsection (2) ; (b) by omitting from subsection (4) "moneys, books, papers, tickets, vouchers, documents, instruments, devices, and other articles and things" and substituting "things, money and documents"; (c) by omitting from subsection (4) "or in playing an unlawful game"; (d) by omitting from subsection (5) "Anything" and substituting "Any thing, money or document". 28Section 109 amended (Forfeit and destruction of betting instruments, &c.) Section 109 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "dice, balls, counters, tables, and other instruments of gaming, and all or any moneys, and all or any lists, cards, books, tickets, vouchers, papers, and other documents, and all or any other articles and things," and substituting "things, money and documents"; (b) by omitting from subsection (2) "dice, balls, counters, tables, or other instruments of gaming, and any lists, cards, books, tickets, vouchers, papers, and other documents, and any other articles and things," and substituting "things and documents"; (c) by omitting from subsection (3) "dice, balls, counters, tables, or other instruments of gaming, or any lists, cards, books, tickets, vouchers, papers, or other documents, or any other articles or things," and substituting "things or documents". 29Section 112 amended (Evidentiary provisions) Section 112 of the Principal Act is amended as follows: (a) by omitting subsections (1) , (2) and (3) ; (b) by omitting from subsection (4) "for the purpose of carrying on therein or thereon an unlawful game or"; (c) by omitting subsections (5) and (6) ; (d) by omitting subsection (12) ; (e) by omitting subsection (14) . 30Section 114 amended (Avoidance of agreements relating to gaming) Section 114 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "gaming or wagering," and substituting "betting,"; (b) by omitting from subsection (1) "gaming" second occurring and substituting "betting"; (c) by omitting from subsection (2) "wager," and substituting "bet,"; (d) by omitting from subsection (2) "wager" second occurring and substituting "bet"; (e) by omitting from subsection (3)(d) "gaming or wagering," and substituting "betting,"; (f) by omitting from subsection (3)(e) "gaming or wagering" and substituting "betting". 31Section 119 amended (Regulations) Section 119(2) of the Principal Act is amended as follows: (a) by omitting paragraph (ba) ; (b) by omitting from paragraph (d) "enforced;" and substituting "enforced."; (c) by omitting paragraphs (da) and (db) . 32Section 123 repealed Section 123 of the Principal Act is repealed. [Second reading presentation speech made in:
House of Assembly on 14 JUNE 2001
Legislative Council on 21 JUNE 2001]