Unlawful Games Act 1984 (repealed) (ACT)

Unlawful Games Act 1984 (repealed)   

A1984-21

Republication No 7

Effective:  22 March 2010

Republication date: 22 March 2010

As repealed by A2009-39 s 51

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication

The republished law

This is a republication of the Unlawful Games Act 1984 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)).  It also includes any amendment, repeal or expiry affecting the republished law to 22 March 2010. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).

Unlawful Games Act 1984 (repealed)

Contents

Page

1. Name of Act  2

2. Dictionary  2

3. Notes  2

4. Promoting and arranging  2

5. Conducting and operating  3

6. Playing  3

6AException—two-up on Anzac Day  3

1. Betting with intent to cheat  5

2. Instruments or articles to be forfeited to Territory  5

3. Regulation-making power  6

Dictionary7

Endnotes

1. About the endnotes  9

2. Abbreviation key  9

3. Legislation history  10

4. Amendment history  12

5. Earlier republications  13

Unlawful Games Act 1984 (repealed)

An Act to provide for the control of unlawful games, and for related purposes

1. Name of Act

   This Act is the Unlawful Games Act 1984.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act.

   Note 2A definition in the dictionary applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act s 127 (1), (4) and (5) for the legal status of notes.

4. Promoting and arranging

   (1)A person shall not promote or arrange the playing of an unlawful game.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

   (2)A person who is in charge of, or is the owner, occupier, manager or licensee of, any premises shall not knowingly permit an unlawful game to be played in or on those premises.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

5. Conducting and operating

   A person shall not conduct, operate or supervise, or assist in the conduct, operation or supervision of, an unlawful game.

   Maximum penalty:  100 penalty units, imprisonment for 1 year or both.

6. Playing

   A person shall not, without reasonable excuse, play an unlawful game.

   Maximum penalty:  10 penalty units.

6AException—two-up on Anzac Day

(1)A game of two-up played on Anzac Day is not an unlawful game if—

(a)the premises (if any) on which the game is played are not a common gaming house; and

(b)no payment or other benefit is given or sought for the right to enter a place for the purpose of participating in the game; and

(c)no payment or other benefit is given or sought for the right to participate in the game (otherwise than by the placing of a bet); and

(d)no commission on, percentage of or fee for bets or winnings is given or sought by any person.

(2)A game of two-up played on Anzac Day on the premises of a club and involving the giving or seeking of such a payment, benefit, commission, percentage or fee is not an unlawful game if—

(a)those premises are not a common gaming house; and

(b)the playing of the game is authorised by the club; and

(c)all payments or other benefits involved are authorised by the club to be disposed of in their entirety for the benefit of a charitable purpose or a community organisation and are not to form part of the funds of the club; and

(d)any other prescribed requirements are complied with.

(3)If a game of two-up played on Anzac Day is an unlawful game, a participant in the game does not commit an offence against section 6 unless it is proved that the participant knew or could reasonably be expected to have known or suspected that the game was an unlawful game.

(4)In this section:

Anzac Day means 25 April in any year.

charitable purpose includes any benevolent or philanthropic purpose.

club means a body corporate that is the holder of a club licence under the Liquor Act 1975.

common gaming house—see the Gaming and Betting Act 1906.

community organisation means a society, association or other body, whether incorporated or not, that is not carried on for the pecuniary profit or gain of its members and that is engaged in the ACT in any of the following activities:

(a)providing assistance in connection with the social welfare needs of the community;

(b)the carrying out of projects, or the provision of services, for the benefit of the community or a section of the community;

(c)the promotion of, the provision of facilities for, or the encouragement of participation in, any sport or recreational pursuit;

(d)the promotion, or the encouragement of the practice, appreciation, understanding or enjoyment, of any of the arts;

(e)conducting conventions, jamborees and other events that are designed to attract participants to the ACT from places outside the ACT;

(f)the study of, research into, or the fostering of interest in, history or matters of historic significance;

(g)the preservation or protection of the national estate or the restoration, reconstruction or adaptation of the national estate for conservation purposes;

two-up means the game commonly known as two-up.

(5)In this section, a reference to a game of two-up includes a reference to betting and side betting associated with the game.

1. Betting with intent to cheat

   A person shall not, in a public place or a place of public resort, with intent to cheat, engage in betting, or solicit or encourage any other person to bet, on any game or trick of sleight of hand or on any game or trick played with any instrument.

   Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

2. Instruments or articles to be forfeited to Territory

   If a person is convicted of an offence against this Act, any table or instrument of gaming or any article used by the person in the commission of the offence, or to which the offence relates, is forfeited to the Territory.

3. Regulation-making power

   The Executive may make regulations for this Act.

   NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act 2001.

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     ACT

·     Executive

·     penalty unit (see s 133)

·     prescribed.

court means the Magistrates Court.

public place or place of public resort means any street, road, public park, reserve or other place that the public are entitled to use or that is open to, or used by, the public, whether on payment of money or otherwise and, without limiting the foregoing, includes—

(a)any premises in relation to which a licence granted under the Liquor Act 1975 is in force; and

(b)any shop and any place occupied in connection with, or for the purposes of, a shop; and

(c)any factory and any place occupied in connection with, or for the purposes of, a factory; and

(d)any building or part of a building occupied by a club and any place occupied in connection with, or for the purposes of, a club; and

(e)any place, being private property, that is commonly used by the public, whether as trespassers or otherwise.

unlawful game means—

(a)any of the games commonly known as baccarat, blackjack, craps, fantan, manila, pak-a-pu, pitch and toss, puntobanco, roulette, thimble-rig or two-up; or

(b)any game similar to a game specified in paragraph (a); or

(c)a lottery, other than an approved lottery or an exempt lottery within the meaning of the Lotteries Act 1964; or

(d)a pool betting competition conducted otherwise than under and in accordance with an approved pool betting scheme within the meaning of the Pool Betting Act 1964; or

(e)a prescribed game; or

(f)any other game of skill or chance, or of mixed skill and chance, in which money or any other valuable thing is staked or risked on an event or contingency, other than backgammon, bridge, chess or Scrabble.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws and expiries are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

am = amended	ord = ordinance
amdt = amendment	orig = original
ch = chapter	par = paragraph/subparagraph
def = definition	pres = present
dict = dictionary	prev = previous
disallowed = disallowed by the Legislative	(prev...) = previously
Assembly	pt = part
div = division	r = rule/subrule
exp = expires/expired	renum = renumbered
Gaz = gazette	reloc = relocated
hdg = heading	R[X] = Republication No
IA = Interpretation Act 1967	RI = reissue
ins = inserted/added	s = section/subsection
LA = Legislation Act 2001	sch = schedule
LR = legislation register	sdiv = subdivision
LRA = Legislation (Republication) Act 1996	sub = substituted
mod = modified/modification	SL = Subordinate Law
o = order	underlining = whole or part not commenced
om = omitted/repealed	or to be expired

1. Legislation history

   This Act was originally a Commonwealth ordinance—the Unlawful Games Ordinance 1984 No 21 (Cwlth).

   The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former Commonwealth ordinances in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).

   As with most ordinances in force in the ACT, the name was changed from Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 No 21, s 5 on 11 May 1989 (self-government day).

   Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).

   Legislation before becoming Territory enactment

   Unlawful Games Act 1984 No 21

   notified 29 June 1984
   commenced 1 July 1984 (s 2 and Cwlth Gaz 1984 No S244)

   as amended by

   Magistrates Court Ordinance 1985 No 67 sch pt 1

   notified 19 December 1985
   sch pt 1 commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)

   Unlawful Games (Amendment) Ordinance 1987 No 35

   notified 30 June 1987
   commenced 30 June 1987 (s 2 and Cwlth Gaz 1987 No S159)

   Gaming and Betting Laws Amendment Ordinance 1987 No 61

   notified 30 October 1987
   commenced 30 October 1987

   Self-Government (Consequential Amendments) Ordinance 1989 No 38 pt 2 div 29, sch 1

   notified 10 May 1989 (Cwlth Gaz 1989 No S160)
   s 1, s 2 commenced 10 May 1989 (s 2 (1))

   pt 2 div 29, sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz
   1989 No S164)

   Legislation after becoming Territory enactment

   Unlawful Games (Amendment) Act 1991 No 16

   notified 24 April 1991 (Gaz 1991 No S29)
   commenced 24 April 1991

   Gaming Machine (Amendment) Act 1993 No 54 s 32

   notified 27 August 1993 (Gaz 1993 No S165)

   s 1, s 2 commenced 27 August 1993 (s 2 (1))
   s 32 commenced 1 November 1993 (s 2 (2) and Gaz 1993 No S225)

   Statute Law Revision (Penalties) Act 1998 No 54 sch

   notified 27 November 1998 (Gaz 1998 No S207)
   s 1, s 2 commenced 27 November 1998 (s 2 (1))
   sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)

   Legislation (Consequential Amendments) Act 2001 No 44 pt 404

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 404 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2002 No 30 pt 3.87

   notified LR 16 September 2002
   s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
   pt 3.87 commenced 17 September 2002 (s 2 (1))

   Statute Law Amendment Act 2007 (No 2) A2007-16 sch 1 pt 1.3

   notified LR 20 June 2007
   s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
   sch 1 pt 1.3 commenced 11 July 2007 (s 2 (1))

   Statute Law Amendment Act 2007 (No 3) A2007-39 sch 3 pt 3.27

   notified LR 6 December 2007
   s 1, s 2 commenced 6 December 2007 (LA s 75 (1))

   sch 3 pt 3.27 commenced 27 December 2007 (s 2)

   as repealed by

   Unlawful Gambling Act 2009 A2009-39 s 51

   notified LR 17 November 2009
   s 1, s 2 commenced 17 November 2009 (LA s 75 (1))

   s 51 commenced 22 March 2010 (s 2 and CN2010-2)

2. Amendment history

   Dictionary

   s 2om 2001 No 44 amdt 1.4169

   ins A2007-39 amdt 3.124

   Notes

   s 3defs reloc to dict A2007-39 amdt 3.123

   sub A2007-39 amdt 3.124

   Promoting and arranging

   s 4sub 1987 No 61 s 4

   am 1998 No 54 sch

   Conducting and operating

   s 5sub 1987 No 61 s 4

   am 1998 No 54 sch

   Playing

   s 6sub 1987 No 61 s 4

   am 1998 No 54 sch

   Exception—two-up on Anzac Day

   s 6Ains 1991 No 16 s 3

   Betting with intent to cheat

   s 7am 1998 No 54 sch

   Unlawful machines

   s 8am 1987 No 35 s 3; 1989 No 38 sch 1

   om 1993 No 54 s 32

   Instruments or articles to be forfeited to Territory

   s 9am 1989 No 38 s 53

   Regulation-making power

   s 10am 1989 No 38 sch 1

   sub 2001 No 44 amdt 1.4170

   Dictionary

   dictins A2007-39 amdt 3.125

   def court am 1985 No 67 sch pt 1

   reloc from s 3 A2007-39 amdt 3.123

   def public place or place of public resort am 2002 No 30 amdt 3.968

   reloc from s 3 A2007-39 amdt 3.123

   def unlawful game sub 1987 No 61 s 3

   am A2007-16 amdt 1.5

   reloc from s 3 A2007-39 amdt 3.123

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No	Amendments to	Republication date
1	Act 1991 No 16	30 June 1991
2	Act 1993 No 54	28 February 1994
3	Act 2001 No 44	13 February 2002
4	A2002-30	19 September 2002
5	A2007-16	11 July 2007
6	A2007-39	27 December 2007