The Gaming Further Suppression Act 1907 (SA)
ANNO SEPTIMO
EDWARDI V11 REGIS.
A.D. 1907.
No. 943. An Act to make Further Provision for the Suppression
of Gaming, and for other purposes.
E it Enacted by the Governor of the State of South Australia,
follows: |
1, This Act may be cited as '' The Gaming Further Suppres-short title. sion Act, 1907."
2. " The Lottery and Gaming Act, 1875," " The Totalizatorlncorpomtionof ~ c t s. Repeal Act," " The Gaming Further Suppression Act, 1897," " The Lottery and Gaming Act Amendment Act, 1888," and " The Gaming Law Amendment Act,
1902," are hereby incorporated with this Act, and shall for all purposes be read and construed as though the whole of them and this Act were one Act. If any inconsistency or repugnancy shall exist between any of the Acts hereby incorporated, and any other or others of them, the latest Act shall prevail.
3. In the construction and interpretation of this Act and of the
Deflnitiona. Acts hereinbefore expressed to be incorporated herewith the words in this section following, and being in inverted commas, shall (unless repugnant to the context) have the respective meanings hereinafter respectively assigned to them, namely :-
" Court " shall mean a Special Magistrate or two or more Justices
of the Peace sitting as a Court of | Summary Jurisdiction: |
" Illegal lottery " shall mean and include every lottery drawn, con-
ducted, or managed in South Australia or elsewhere which
would,
7' EDWARDI VII, No.943.
The Gaming Further su/ppressionAct.-1907.
- | - |
would, according to the laws of the said State for the time being in force, be deemed to be illegal if the same were drawn, conducted, or managed in South Australia.
I,oiter " shall mean to idle or linger about:
" Unlawful gaming " shall mean, in addition to the meaning assigned to such words by section 1 of " The Gaming l
,aw Amendment Act, 1902," the playing at or engaging in anv game with carda or other instruments, or with money, in or as the result of which game any person or persons derives or is intended to derive (other than in his capacity as a player) any part or percentage of any money or thing played for, staked, or wagered, such part or percentage not being money received for deposit in any licensed totalizator:'l'his Act " shall mean and include this Act and the Acts herein- before expressed in section 1 to be incorporated herewith:
" Street " shall mean and include every public street, or thorough-
fare, or private street, or road commonly used by or to which
the public are permitted to have access:
" Public place " shall mean and include every public place and every place to which the public are permitted to have access, tacitly or otherwise, and whether upon payment of money or not.
More than one offence
offences against this Act any number of offences to the number of | |
not more than three may be in such information charged against the defendant and evidence given in support thereof; and the Court may convict such defendant of any one of such offences as to the satisfac- tion of the Court shall have been proved, and may inflict such penalty therefor as is by law provided. |
twenty-one years of | ||
age making a wager or bet does so on behalf of another person shall | |
not exempt a person making a wager or bet with such first-named person from the punishment imposed by section 4 of " The Gaming Further Suppression Act, 1897." |
instructions of any other member of such Force who shall be his | |
superior in rank, shall be deemed to be an accomplice in the | |
commission of any offence against this Act, nor shall the member giving such order or instructions nor the member who shall act in pursuance or attempted pursuance thereof be liable to conviction or punishment' for any act or matter done or committed by either of them in relation to or under such order or instructions, although but for this section such members or either of them might have been deemed to be such accomplices or accomplice or have been liable | |
to such conviction and punishment. |
7. Any
7" EDWARDI VII, No.943. 7. Any person who shall be in or upon any street or public place f$f$rg
for the purpose of betting or wagering shall be guilty of an offence,
offence.
and liable to a penalty not exceeding Fifty Pounds. |
use, occupancy, or control of any ground or place upon which is then | 4 | d |
being carried on any horse-racing, foot-racing, cycle-racing, football
of 0ffenceaSa;natAct-
match, cricket match, or any other sport of a kind usually attended | by the public may require any police officer to, without warrant, |
arrest and remove, and such police officer shall thereupon arrest and remove from such ground or place any person who by such club, company, or person, or any | |
or in damages in consequence of so acting. |
Q, No person (other than the defendant) required to be examined | . |
as a witness in the hearing of any information laid in relation to any
evidence tending to offence alleged to have been committed against the provisions of
inc"mina@, this Act, or any of them, shall be excused from being so examined
xew. or from answering any question or questions put to him as such
witness on the ground that his evidence or the answer to any such
question or questions might tend to incriminate him or render him
liable to a prosecution; and any such person so required to be
examined who refuses to make oath accordingly or to answer any
question or questions shall be liable to the same penalties and to be
refusing to be sworn or to give evidence: Provided that every person | dealt with in all respects as any witness may be dealt with for | so required to be examined who shall upon such examination make a true and faithful discovery to the best of his knowledge of all matters as to which he is examined shall receive from the Court a certificate in writing to that effect, and he shall upon the receipt of such certificate, but not in other case, be freed from all prosecution, penalties, and punishment to which he might have been or become liable in respect of the matters touching which he has been so e |
made in any |
this Act shall be accepted by the Court as evidence of the truth of | information laid in respect of any alleged offence or offences against |
such allegations unless the contrary shall be proved, namely- |
(a) The allegation that any person, firm, company, or partnership(as the case may be) in such information named is the
owner
7 O EDWARDI VII, No.943. owner, user, or occupier (as the case may be) of any place,
room, or premises in such information mentioned.
( 6 ) The allegations that any horse race, cycle race, or foot race (as the case may be) in such information mentioned was run at a place and on a date therein specified, and that any horse or horses or person or persons named in such information took part in any race therein mentioned.
Occupancy of pre-
occupying any place, room, or premises for the purpose of unlawful | |
public place or street, directly or indirectly, invite or solicit any other person to give or entrust to him any money or valuable thing for the purpose or intent that such money or thing or any part thereof respectively shall be placed or invested in any totalizator (whether such totalizator shall be lawful or not) shall be guilty of an offence, and be liable to a penalty not exceeding Twenty-five Pounds or to imprisonment for not longer than two months. |
faro," '' banker," | fantan," |
two up," | " hazard," and all other games played in the same way |
or of a kindred nature, are hereby declared to be unlawful games.
mation regarding
(a) Print, publish, or exhibit, or cause to be printed, published, or exhibited in any newspaper or on any placard, hand- bill, circular, or card, nor shall any person registered as the proprietor, printer, or publisher of any newspaper | |
permit or suffer to be printed or published in such news- | paper, any advertisement, sign, notice, or other informa- |
tion of or relating to the establishing, commencing, promoting, carrying on, or drawing, or intended establish- ing, commencing, promoting, carrying on, or drawing of any illegal lottery, whether wholly or partly established, commenced, carried on, promoted, or managed in South Australia or elsewhere; or |
( b ) Print any ticket or other thing entitling or intended toentitle any person or persons to any chance or share in
any illegal lottery; or
(c) Sell, circulate, exhibit, or dispose of any newspaper printed in any part of the Commonwealth of Australia which contains any advertisement, sign, notice, or information relating to any illegal lottery, or the drawing, conducting, or management thereof.
15. No
7' EDWARDI VII, No.943.
Unlawful to buy, or
15. | No person shall sell, or offer for sale, or deliver, or give, or buy, |
p' pay | for, ofknowingly receive or accept any ticket, chance, or | |
in any | illegal lottery. |
an offence who placards, |
posts up, or exhibits, or permits or suffers to be placarded, posted | ||
| ||
up, or exhibited, or who assists in placarding, posting up, or exhibiting in or on or about any land, building, hoarding, or premises any information or notice relating to any illegal lottery. | ||
receive for the r>urrJose or intent that the same shall be so forwarded. | ||
any packet or parcel or money, cheque, draft, order for the payment of money, or valuable thing whatsoever to the promoters, managers, or conductors of any illegal lottery or sweepstakes conducted or drawn or intended to be conducted or drawn in any State, country, or place out of South Australia or not, and whether such lottery or sweepstakes shall be illegal according to the law of such State, country, or place, or otherwise. |
18, The allegations in any information laid in relation to anyAllegationsprimd
alleged offence against the provisions of the next preceding section -- |
( a ) That any packet, parcel, money, cheque, draft, order for the payment of money or valuable thing in such information specified has been forwarded or partly forwarded, or has been given or received for the purpose or intent that the same should be forwarded, as the case may be:
such information named is the promoter, manager, or
conductor (as the case may be) of any illegal lottery:
(c) That any lottery in such information named or described is an
illegal lottery:
shall be received by the Court as proof of the truth of such
allegations unless the contrary shall be proved.
~ | ~ | $ | ~ | $ | ~ |
anv illegal lotterv alleged to have been or be intended or about to be
relating to lotteries. driwn gr condkted ilsewhere than in South Australia the Court
New. may in their discretion receive and act upon such secondary or other
evidence as may be adduced for the purpose of proving the existence,
drawing, conducting, or intention to draw or conduct such lottery,
any rule of law heretofore to the contrary notwithstanding.
7' |
Evidence of illegal
from |
conducting, or assisting to manage or conduct any illegal lottery, or selling or disposing or buying or accepting any ticket or thing purporting to be or usually known as a lottery ticket and relating to an illegal lottery, it shall, in default of or in addition to other evidence, be sufficient in support of the information to show that such ticket or thing was bought or accepted by the purchaser or acceptor under the belief by him that the possession and production of such ticket purporting to be a lottery ticket or other thing conveyed a right to the purchaser or any holder thereof to draw for, compete, or have an interest in an illegal lottery. | |
(2) The sale of a ticket or thing commonly known as a Chinese lottery ticket, whether marked or otherwise, shall be | |
playing therein of any unlawful game, or which is used principally | |||
for the purpose of enabling any person or persons to bet with others | |||
| |||
not necessarily being shareholders or members, shall be deemed to be | |||
a common gaming-house. | |||
7' EDWARDI
VII, No. 943.
I- | - |
Advertising by
23. Every person who prints, writes or exhibits, publishes, sells, |
circulates, distributes, gives away, or posts up or causes to be printed, | |
written, exhibited, published, sold, circulated, distributed, given away or posted up any placard, handbill, card, writing sign, advertise- ment, or notification (whether published, printed, or written in South Australia or elsewhere), or who is registered as the proprietor, printer, or publisher of any newspaper whereby it is made to appear that such person or any other person will, if required, bet or give information or advice, directly or indirectly, as to the probable result of any intended horse race or pony race or trotting race in any part of the Commonwealth of Australia, or as to the betting odds on any such race, or whereby any information or advice is given or purported to be given relating to the probable result of any such race or as to the betting thereon, or as to any unlawful game, shall be guilty of an offence: Provided aIways that nothing herein contained shall pro- hibit the publication in a newspaper by the printer or publisher thereof of a forecast of the probable result of any race, being not for money or gain. |
24. | Every person who placards, posts up, or exhibits, or ~ermi ts |
or suffer8 to be placarded, posted up, or exhibited, or who assists |
in placarding, posting up, or exhibiting in or on or about any land,
vie. building, or premises any information or notice or list directly or
indirectly relating to betting or any unlawful game, shall be guilty of
an offence.
25. |
carried on shall be deemed to be a common gaming-house, notwith- |
standing that the same is open only for the use of subscribers or of man
gam'ng-hollse. members or shareholders of any particular club or company, and is
not open to all persons desirous of using the same.
26. Every owner or agent acting on behalf of the owner and |
every occupier of any house, office, room, or other place who allows | |
or permits the same to be used as a common gaming-house shall be | |
Eot & | in ignorance of and had no reasonable grounds to suspect such use |
or had taken all reasonable steps to prevent the same. |
Every owner or agent acting on behalf of the owner and every |
permitting premises
occupier of any house, office, room, or place who allows or permits or |
suffers the same to be used as a means of | access to or exit or escape a |
from any house, office, room, or place used as a gaming house, shall
vie. act. be guilty of an offence unless the Court is satisfied that such owner,
agent, or occupier was in ignorance of and had no reasonable grounds
to suspect such use or had taken all reasonable steps to prevent the
game.
(l) |
able grounds to suspect that the same is used as a com- mon gaming-house; or
(4 Any
( b ) Any owner of any house, office, room, or place has reason- able grounds to suspect that the same is used as a means of access to or of exit or escape from any house, office, room, or place used as a common gaming-house,he may serve on the tenant or occupier a notice to quit.
(2) The serving of such notice shall, subject to this Act, determine
as from the seventh day after the date of such service any tenancyunder which the occupier may hold as if the same had expired by effluxion of time. The owner may thereupon, without any authority other than this Act, take legal proceedings to evict, and may evict, such occupier.
(3) Such notice shall be served personally on the occupier, but if he cannot be found service may be effected by posting a copy of the notice on some conspicuous part of the said house, office, room, or place.(4) Upon proof, to the satisfaction of the Registrar General, that such notice has been ~ r v e d on such tenant or occupier in manner aforesaid, he shall, at the expiry of seven days from the date of such service, cause a memorial of such service and of the date thereof to be entered in respect of land under the provisions of " The Real Pro- perty Act, 1886," and the Register Book of Titles kept pursuant to such last-mentioned Act, and in respect of land not under the pro- visions of that Act in the General Registry Office of Deeds for the said State.
C a n ~ ~ i o n o f n o t i c e
29.
to quit. | (1) Any such notice to quit may at any time be cancelled as from the date of such notice and relief be granted by the Supreme Court subject to such terms as the Court thinks fit on application being made to the Court by the occupier and on proof that he has not at any time- |
( a ) Used or allowed or permitted or suffered the house, office,room, or place to be used as a common gaming-house; or
(2) Notice of intention to make such application shall be served on the owner at least seventy-two hours before the hearing of the application, and on being so served shall operate until the determina- tion of the application as a stay of any proceedings under the last preceding section to evict the occupier.
Persona loitering in
street. |
to move on when requested by a police constable so to do, or who
shall loiter (whether such loitering shall cause or tend to cause any oljstruction to traffic or not) in any street or public place after a request having been made to him by any police constable not to so loiter, shall be guilty of an offence and liable to a penalty not exceeding Twenty Pounds or to imprisonment for a period not longer than two months.
31. Informations
The Gaming Purther Swppmion Ad.-1907.
under the provisions of the Ordinance of the Governor and Legis- | |
lative Council No. 6 of |
of police, showing reasonable grounds for suspecting that any house,
wing.houss.
office, room, or other place is used in contravention of this Act, any | |
Judge of the Supreme Court may declare such house, office, room, or |
place to be a common gaming-house. | Such declaration shall be in |
force until rescinded. |
Supreme Court, subject to such terms as he thinks fit, on application |
being made to him-
the house, office, room, |
or place the subject of the declaration, on proof that he has not at any time allowed the house, office, room, or place to be used in contravention of this Act; or
( b ) By a Commissioner, inspector, or sub-inspector of police onproof that the house, office, room, or place
is not used incontravention of this Act.
Where the application is made by the owner, tenant, or occupier as aforesaid, notice in writing of intention to make the same shall be served on a Commissioner, inspector, or sub-inspector of police two days at least before the hearing of such application.
same shall be published in the |
I n any proceedings under this Act the production of | a copy of |
the |
the declaration or rescission therein notified was duly made.
inspector of police, on such declaration being made with respect to |
any house, office, room, or place- |
( a ) Shall cause to be published on two days in a newspaper circulating in the neighborhood of the house, office, room, or place a notice of the making of such declaration;
( b ) Shall cause such notice to be served on the owner and occupier of the house, office, room, or place. Such service shall be personal, except when it cannot be promptly effected, in which c a e the notice may be served on the owner, tenant, and occupier aforesaid by causing a copy thereof to be affixed at or near to the entrance to the house, office, room, or place.
B-943
EDWARDI VII, No. |
The QaningF w t k Su~essiolL Ad.-1907. (2) In any proceedings under this Act the production of a copy of a newspaper containing any such notice shall be evidence that such notice was duly published in such newspaper on the date appearing thereon.
house declared a
last preceding section, of notice of the making of | such declaration with |
c o o, , .
respect to a house, office, room, or place, and during the time that | |
such declaration is in force, any person is found- |
(a ) In, or on, or entering, or leaving such house, office, room, orplace; or
( b ) In, or on, or entering, or leaving any land or building used asa means of access to, or of exit or eecape from the same,
any member of the Police Force may, without warrant, arrest such
person and take him before a Court.
Such person, unless he proves that he was in, or on, or entering, or leaving, as aforesaid, for a lawful purpose, shall be guilty of an offence under this Act, and shall, on conviction, he liable to a penalty not exceeding Fifty Pounds or to imprisonment for a term not exceeding three months..
Penalty on owner
of section 35, of notice of the making of such declaration with | |
respect to a house, office, room, or and during the time that such declaration is in force, such house, office, room, or place is used in contravention of this Act, such owner shall, unless he proves that he has taken all reasonable steps to evict the occupier from the same, be liable to a penalty not less' than Thirty and not exceeding one Hundred Pounds. |
after service on an occupier, in pursuance of paragraph |
of section 35, of notice of the making of a declaration with respect to a house, office, room, or place, and during the time that such | declaration is in force, such house, office, room, or place is used in | |
contravention of this Act, the said occupier shall be liable to a penalty not less than Thirty and not exceeding Three Hundred Pounds, unless he proves that he has taken reasonable steps to pre- vent such use. |
' |
house, office, room, or place any member of the Police Force may, without warrant-- |
( a ) Enter the said house, office, room or place;
( b ) Enter any land or building which he has reasonable groundsto suspect is used as a means of access to or of exit or escape
from the same;
(c) Pass through, from, over, and along any other land or building for the purpose of entering in pursuance of paragraph (a) or paragraph
( b ) aforesaid; (d) For
EDWARDI VII, No. |
and partitions, and do such other acts
as may be necessary;
( e ) Seize any instruments of gaming and any instruments of betting and documents relating to betting, and any money and securities for money in any such house, office, room, or place.
40. Any person who wilfully obstructs, or aids in obstructing,ob!tmc+ingths
or solicits any other person to obstruct or aid in obstructing
of the Police Force in the exercise of any power conferred on him by
this Act shall be liable to a penalty not exceeding Twenty-five
Pounds.
41, Where any member of the Police Force authorised under thisEvidence of house
Act to enter any house, office, room, or place is wilfully prevented |
fiom or is obstructed or delayed in entering the same or any part | |
thereof; or |
Where any external or internal door of or means of access to any such house, office, room, or place so authorised to be entered is found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purpose of preventing, delaying, or obstructing the entry into the same or any part of any member of the Police Force authorised as aforesaid, for giving an alarm in case of such entry; or
If such house, office, room, or place is found fitted or provided with any means or contrivance for unlawful gaming, or with any means or contrivance for concealing, removing, or destroying any instruments of gaming,
it shall be evidence, until the contrary is made to appear, that such house, office, room, or place is used as a common gaming-house, and that the persons found therein were playing an unlawful game therein.
any offence against this Act, and from any order or adjudication dis- missing any information, and such appeal shall be to the Local Court of Full Jurisdiction of Adelaide.
43. Unless otherwise specified in this Act, every person who shall
Peoalty for offences. commit any offence against the provisions of this Act, or any of them, shall be liable to a penalty of not exceeding Fifty Pounds or to im- prisonment for not longer than three months.
44, The '' Police Act Amendment Act,1904," is hereby re-Repeal pealed.
In
the name and on behalf of His Majesty, I herebyassent to this Bill.
GEOXGE R. LE HUNTE, Governor.
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