THE RACING AND BETTING ACTS, 1954 to 1963 · 289 THE RACING AND BETTING ACTS, 1954 to 1963 Racing...

289

THE RACING AND BETTING ACTS, 1954 to 1963

Racing and Betting Act of 1954, 3 Eliz. 2 No. 54

Amended by Racing and Betting Act Amendment Act of 1957, 6 Eliz. 2 No. 43

Racing and Betting Acts Amendment Act of 1960, 9 Eliz. 2 No. 12

Racing and Betting Acts Amendment Act of 1961, 10 Eliz. 2 No. S4

Racing and Betting Acts and Another Act Amendment Act of 1962, No. 40

Racing and Betting Acts Amendment Act of 1963, No. 32

An Act to Consolidate and Amend the Law relating to the Regulation of Horse Racing and Coursing, the Operating of Totalisators, 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

1. (I) Short title. Act of 1954."

[Assented to 21 December 1954]

PART I-PRELIMINARY This Act may be cited as "The Racing and Betting

(2) Commencement of Act. Except as herein otherwise provided, this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette.

Commenced 1 July 1955; Proclamation: Gazette 18 June 1955, p. 869. Collective title conferred by the Racing and Betting Acts Amendment Act

of 1963, No. 32, s. 1 (3).

2. Construction of Act. This Act, including every Proclamation, Order in Council, regulation, and rule hereunder, shall be read and 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 shaH nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.

3. Parts of Act. This Act is divided into Parts as follows:PART I-PRELIMINARY (ss. 1-6);

10

PART II-ADMINISTRATION (ss. 7-15); PART III-(Repealed);

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PART IV-REGULATION OF HORSE RACING AND COURSING (ss. 29-55) ;

PART V-TOTALISATORS (ss. 56-71); PART VI-BoOKMAKERS;

Division I-On the Course Betting (ss. 72-78); Division II-Off the Course Betting (ss. 79-95); Division Ill-Bookmaker's Turnover Tax (ss. 95A-95c); Division IV-General (ss. 96-104);

PART VII-UNLAWFUL BETTING (ss. 105-118); PART VIII-MISCELLANEOUS (ss. 119-146); SCHEDULES.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 3.

4. Repeals and Savings. First Schedule. The Acts specified in the First Schedule to this Act are repealed to the extent in that Schedule 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 forfeiturcs imposcd 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;

(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

RACING AND BETTING ACTS, 1954 TO 1963 ss.3-6 291

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 "The Racing Regulation Amendment Act of 1930," shall continue unaffected by the repeal of the said enactments.

Acts referred to: Acts Interpretation Acts, 1954 to 1962, title ACTS OF PARLIAMENT,

Vol. 1, p. 82. Anzac Day Acts, 1921 to 1964, title HOLIDAYS. Racing Regulation Amendment Act of 1930, now repealed.

5. Amendments of certain Acts. Second Schedule. The Acts specified in the first column of the Second Schedule to this Act are amended as respectively specified in the second column of that Schedule.

6. Meaning of terms. (1) In this Act, unless the context otherwise indicates or requires, the following terms shall have the meanings respectively assigned to them, that is to say:-

"Approved"-In relation to a club, approved as prescribed for any purpose of this Act;

"Area of jurisdiction"-In relation to a principal club or a principal trotting club, the part of the State in respect whereof it has jurisdiction as such;

"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;

"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;

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"Commissioner of Stamp Duties"-The Commissioner of Stamp Duties appointed under "The Stamp Acts, 1894 to 1954"; The term includes the Assistant Commissioner of Stamp Duties and any Deputy Commissioner of Stamp Duties appointed under those Acts;

"Committee"-Used with reference to a club or an athletic club, the committee or other governing body of that club at any material time;

"Complaint"-Includes charge;

"Coursing" -The running of dogs in competition one against the other or one or more than 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 association of persons (whether incorporated or unincorporated) promoting, conducting, or controlling, or formed for promoting, conducting, or controlling, coursing or any coursing;

"Coursing ground" -A place at any material time used for the purpose of conducting a coursing meeting;

"Coursing meeting"-Meeting for any coursing;

"Court"-Petty Sessions;

"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 "The City of Brisbane Acts, 1924 to 1954," and the corporation of The Commissioner of Irrigation and Water Supply constituted under "The Irrigation and Water Supply

RACING AND BElTING ACTS, 1954 TO 1963 s.6 293

Commission Acts, 1946 to 1949," or any other corporation constituted under any other Act where, pursuant to any Act the corporation of The Commissioner of Irrigation and Water Supply or other 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; "Mechanical quarry"-Any quarry mechanically or electrically

controlled or propelled; "Member of the Police Force"-Any member of the Police Force

within the meaning of "The Police Acts, 1937 to 1953"; "Metropolitan Area"-The area comprising the City of Brisbane

as defined by "The City of Brisbane Acts, 1924 to 1954," the Local 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 other Minister of the Crown for the time being charged with the administration of this Act;

"Money"-Includes Australian notes, coin of any denomination, cheques, bank drafts, and any other orders, warrants, authorities, or requests for the payment of money;

"Newspaper"-Includes any journal, review, magazine, or other writing or print, published periodically;

"Night time"-The time between the hour of seven o'clock in the evening 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;

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"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;

"Principal club"-Any racing club prescribed by this Act to be a principal club for the purposes of this Act and the Rules of Racing;

"Principal trotting club"-Any racing club appointed under this Act to be a principal trotting club:

The term includes any body or association of persons formed for the purpose of the control and general supervision in any part of the State of races for trotting horses which is appointed under this Act to be a principal trotting club;

"Proclamation"-A Proclamation made under or continued in force by this Act;

"Property"-Any real or personal property whatsoever, whether situate or being within 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 meaning of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949": Without limiting that definition the term includes a common betting house;

"Race"-Includes contest or trial; "Racecourse"-A place at any material time used for the purpose

of conducting a race meeting; "Race meeting"-Meeting for the racing of galloping horses or

trotting horses; "Racing club"-Includes any body or other association of persons

(whether incorporated or unincorporated and whether a registered club or not) promoting, conducting, or controlling, or formed for promoting, conducting, or controlling, race meetings or any race meeting;

"Registered"-In relation to a club, means a principal club or a club registered as a racing club by a principal club;

"Regulations"-Regulations made under or continued in force by this Act;

"Rules"-Rules made by the Commissioner of Stamp Duties under this Act;

"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

RACING AND BETTING ACTS, 1954 TO 1963 s.6 295

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;

"Rules of Trotting Racing" -The rules for the control and general supervision of races for trotting horses in any part of the State and includes rules governing the racing of trotting horses under the control of principal trotting clubs or under the control of any particular principal trotting club;

"Saddling paddock"-lncludes 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 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 material time under Part V authorising, subject to that Part, the operating of a totalisator.

(2) References to printing. References in this Act to printing shall be construed as including references to writing as well as to any other modes whatsoever of representing or reproducing words in a visible form.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 4, and Act of 1963, No. 32, s. 2.

Acts referred to: Stamp Acts, 1894 to 1964, title STAMP DUTIES. Local Government Acts, 1936 to 1964, title LOCAL AUTHORITIES. City of Brisbane Acts, 1924 to 1960, title BRISBANE, Vol. 3, p. 30. Irrigation and Water Supply Commission Acts, 1946 to 1949, title WATER

SUPPLY AND SEWERAGE. Police Acts, 1937 to 1964, title POLICE. Vagrants, Gaming, and Other Offences Acts, 1931 to 1964, title

VAGRANTS.

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PART II-ADMINISTRATION

7. (l) Administration of this Act. Unless otherwise indicated or required, this Act shall be administered by the Minister:

Provided that nothing herein contained shall be 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 any officer, or by any member of the Police Force; or

Oi) To prejudice or affect otherwise the powers under this Act of the Commissioner of Stamp Duties, of officers, or of members of the Police Force.

(2) Unless otherwise expressly provided by this Act, all taxes imposed by this Act and, with respect to 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.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 5. Act referred to:

Stamp Acts, 1894 to 1964, title STAMP DUTIES. The provisions of subsection (2) apply to bookmakers' turnover tax, s. 95B.

8-12. (Repealed.) Repealed by Act of 1961, 10 Eliz. 2 No. 54. s. 6.

13. Power of delegation. (1) The Minister, or with the prior approval of the Minister, the Commissioner of Stamp Duties 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, delegate all or any of his 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 or Commissioner of Stamp Duties is dependent upon the opinion, belief, or state of mind of the Minister or Commissioner of Stamp Duties, 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 dclegation under this section.

(3) The Minister or Commissioner of Stamp Duties may, at his will, revoke a delegation made by him under this section, and the said Commissioner shall, if thereunto directed by the Minister, revoke such a delegation.

RACING AND BETIING ACTS, 1954 TO 1963 s.7-29 297

No delegation shall prevent the exercise of any power, function, or authority, or the performance of any duty by the Minister or Commissioner of Stamp Duties.

(4) The Minister, or, subject to prior approval by the Minister, the Commissioner of Stamp Duties, may make such and so many delegations under this section and to such number of persons, as he may consider necessary or desirable.


14. Officers. (1) The Commissioner of Stamp Duties, the Assistant Commissioner of Stamp Duties, Deputy Commissioners of Stamp Duties and all other officers appointed under "The Stamp Acts, 1894 to 1961," shall by virtue of their respective appointments, and without further or other appointment under this Act, be deemed to be officers appointed under and for the purposes of this Act.

The Governor in Council may from time to time appoint under and for the purposes of this Act such and so many 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 "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.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 8. Acts referred to:

Stamp Acts, 1894 to 1964, title STAMP DUTIES. Public Service Acts, 1922 to 1963, title PUBLIC SERVICE.

15. General powers, functions, and duties of members of the Police Force. Every member of the Police Force shall at all times cause the provisions of this Act to be duly observed, and any such member may make any inquiry, investigation, inspection, or examination which in the opinion of such member is necessary to establish whether or not a breach of this Act has been or is being or is intended to be committed.

16-28. (Repealed.) Repealed by Act of 1961, 10 Eliz. 2 No. 54, s. 9.

PART IV-REGULATION OF HORSE RACING AND COURSING

29. (1) When trotting on show grounds allowed. This Part does not apply with respect to any race for trotting horses conducted in connection with any agricultural, horticultural, pastoral, or industrial show and so conducted-

(a) By a society or other association of persons having for its object the holding of that show;

(b) On the ground whereon that show is holden; and (c) On a day on which that show is holden.

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(2) Betting on show grounds unlawful. Betting on a ground and day where and when any race or contest for trotting horses specified in subsection one of this section is conducted or proposed 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. Duty of committees. ( 1) It shall be the duty of the committee of each and every club to ensure compliance at all times 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 or the Rules of Trotting 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 no exemption or waiver of any of the Rules of Racing or Rules of Trotting Racing, whereby effect would not be given to this Act, shall be made or permitted by any racing club.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 10. Section 33 ( 1) provides that, without derogating from the provisions of

subsection (2) above the provisions of the Rules of Racing or Trotting Racing relating to the registration of racing clubs by a principal club or principal trotting club shall be read subject to s. 33.

PRINCIPAL CLUBS

31. Principal clubs. (1) Subject to subsection two of this section, each of the following racing clubs shall be a principal club for the purposes of this Act and the Rules of Racing-

(a) The Queensland Turf Club; (b) 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-

(a) Additionally to the then number of principal clubs; or

RACING AND BETTING ACTS, 1954 TO 1963 ss.29-31A 299

(b) 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.

( 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.

3IA. Principal trotting clubs. (1) The Governor in Council may, by Order in Council-

(a) appoint any racing club which conducts race meetings for the racing of trotting horses, or any body or association of persons formed for the control and general supervision, in any part of the State, of races for trotting horses to be a principal trotting club;

(b) declare that a racing club or any body or association of persons appointed under this subsection to be a principal trotting club shall cease to be a principal trotting club;

(c) define the area or areas in respect whereof a principal trotting club, or principal trotting clubs respectively, shall have jurisdiction as such for the purposes of this Act and the Rules of Trotting Racing;

(d) abolish or alter areas defined by him as aforesaid.

(2) A racing club or a body or association of persons may be appointed under subsection (1) of this section to be a principal trotting club--

(a) additionally to the then number of principal trotting clubs; or (b) in the stead of a racing club or body or association of persons

which, pursuant to an Order in Council under subsection (1) of this section, ceases to be a principal trotting club.

(3) A racing club or body or association of persons appointed under this section to be a principal trotting club shall, with respect to its area of jurisdiction, have the control and general supervision of races for trotting horses, and the Rules of Trotting Racing which apply in such area shall, to the extent necessary to give operation and effect to this subsection, be read subject hereto including by reading as referring to such racing club or body or association of persons any reference therein to the controlling body or body having the control and general supervision of races for trotting horses.

( 4) Any and every racing club which conducts race meetings for the racing of trotting horses 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

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to recognise as a principal trotting club a racing club or body or association of persons appointed by or under this section to be a principal trotting club, or continue to recognise as a principal trotting club a racing club or body or association of persons which by virtue of a declaration under this section has ceased to be a principal trotting club, or prevent, hinder or prejudice howsoever the exercise by a principal trotting club of any power, authority, function or duty conferred or imposed upon that principal trotting club by this Act or the Rules of Trotting Racing.

Inserted by Act of 1961, 10 Eliz. 2 No. 54, s. 11. For Order in Council under this section see Gazette 27 January 1962, p. 281.

NON-PROPRIETARY CLUBS

32. Appropriation of takings, etc., by clubs. ( 1) A club shall not divide, directly or indirectly, any takings, receipts, profits, or gains of the club, however derived, among the individual members 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.

(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;

RACING AND BETIING ACTS, 1954 TO 1963 ss.31-34 301

(iii)

(iv)

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 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.

It is unlawful for a person, other than a non-proprietary club, to conduct a race, horse race, coursing meeting, or coursing, s. 37.

REGISTRATION OF RACING CLUBS

33. Registration of racing clubs. ( 1) Without derogating from the provisions of subsection two of section thirty of this Act, the provisions of the Rules of Racing, or Rules of Trotting Racing, relating to the registration of racing clubs by a principal club or principal trotting club shall be read subject to this section.

(2) A principal club or principal trotting 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 or principal trotting club fails, in any respect, to continue to be a non-proprietary club, the principal club or principal trotting club shall revoke the registration.

( 4) If a racing club which is registered by a principal club or principal trotting club contravenes in any respect section thirty-two of this Act, that principal club or principal trotting 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 or principal trotting club to register it or to renew its registration, or against the revocation by a principal club or principal trotting 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 or principal trotting club, the racing club, and all other persons concerned.

(6) Without prejudice to any other means of enforcement, any principal club or principal trotting 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.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 12. It is unlawful for a person other than a non-proprietary registered club to

conduct a race meeting for or partly for galloping horses, s. 38.

AUDIT

34. Audit of books and accounts of racing clubs. ( 1) Every club shall cause its books and accounts to be audited at least once in every financial year by a person registered as a public accountant under "The Public Accountants Registration Acts, 1946 to 1954."

302 GAMING Vol. 6

Where, in respect of any club, the Commissioner of Stamp Duties IS satisfied-

(a) that a person registered as a public accountant under "The Public Accountants Registration Acts, 1946 to 1954," is not readily available to make such audit; and

(b) that a person not so registered is available and competent to make such audit,

he may in writing permit the latter person to make such audit. The permit may be limited to the financial year specified therein

or may be granted without limit of time. The Commissioner of Stamp Duties may at any time cancel any

such permit which he has granted without limit of time. (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.

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.

As amended by Act of 1962, No. 40, s. 4. Act referred to:

Public Accountants Registration Acts, 1946 to 1963, title ACCOUNTANTS, Vol. 1, p. 34.

MINIMUM WEIGHT

35. Minimum weight. The minimum weight to be carried by any horse in any horse race for galloping horses, wherever held in Queensland, shall not be less than seven stone.

UNLAWFUL RACING AND COURSING

36. Days whereon the conducting of racing or coursing is unlawful. ( 1 ) It shall be unlawful for a person to conduct a race meeting, horse race, coursing meeting, or coursing-

(a) In any part of the State, on any Sunday or on Christmas Day, Good Friday or Anzac Day;

(b) 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;

RACING AND BErrING ACTS, 1954 TO 1963 ss.34-39 303

(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 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 (b) 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.

Act referred to: Holidays Acts, 1912 to 1961, title HOLIDAYS.

As to liability and penalty for an offence under this section, see ss. 53-55. On these days it is also unlawful to operate or assist in operating a totalisator

at the racecourse, s. 60 (3 ) .

37. Proprietary racing or coursing unlawful. It shall be unlawful for a person, other than a non-proprietary club, to conduct a race meeting, horse race, coursing meeting, or coursing.

For races to which this section does not apply, see s. 29. As to non-proprietary clubs, see s. 32. As to liability and penalty for an offence under this section, see ss. 53-55.

38. Unregistered racing unlawful. It shall be unlawful for a person other than a non-proprietary registered club to conduct a race meeting for or partly for galloping horses.

For races to which this section does not apply, see s. 29. As to the registration of non-proprietary clubs, see s. 33. As to liability and penalty for an offence under this section, see ss. 53-55.

39. Racing on unallotted day unlawful. (1) During any and every period in respect whereof an allotment under subsection one of section forty-five of this Act is in force in the Metropolitan Area or, as the case may be, any Local Authority Area specified in section thirty-six of this Act it shall be unlawful-

(a) 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

304 GAMING Vol. 6

(b) For any registered club named in that Order in Council to conduct in the Area in 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.

As to liability and penalty for an offence under this section, see ss. 53-55. It is unlawful to operate or assist in operating on that racecourse, a totalisator

on unallotted days, s. 60 (3).

40. Restriction on number of starters in certain races. 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

(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.

As to liability and penalty for an offence under this section, see ss. 53-55.

41. (1) Declaration of approved trotting clubs. When and so often as the Governor in Council deems it necessary or expedient so to do he may, by Order in Council-

(a) Declare any non-proprietary racing club to be an approved club-

(i) For the Metropolitan Area; or


(ii) For an Area (without the Metropolitan Area) defined in that Order in Councilor in a prior Order in Council made under this section;

(b) Declare that a racing club shall cease to be 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 anyone 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) Trotting meetings conducted by other than approved clubs unlawful. It shall be unlawful for a person, other than an approved club for the Metropolitan Area, to conduct in that Area, on a day later than three months after the coming into operation of this section, a race meeting for or partly for trotting horses.

(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.

As to the fixing of days on which race meetings for trotting horses may be held, see ss. 47, 48.

As to liability and penalty for an offence under this section, see S5. 53-55.

42. (1) Restriction on use of racecourses for races for galloping horses. Except as permitted by subsection two of this section in respect of the period of six months next following the coming into operation of this section, it shall be unlawful for a person to conduct a race meeting for or partly for galloping horses on a racecourse which is not licensed under this Act.

(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 (b) of this subsection-a racecourse lawfully used immediately prior to the coming into operation of this section for the purpose

306 GAMING Vol. 6

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.

(3) Restriction on use of racecourses for trotting. It shall be unlawful for a person to conduct, on a day later than three months after the coming into operation of this section a race meeting for or partly for trotting horses on a racecourse which is not then licensed under this Act.

( 4) Restriction on use of coursing grounds. It shall be unlawful for a person to conduct on a day later than three months after the coming into operation of this section, a coursing meeting on a coursing ground which is not then licensed under this Act.

This section commenced on 1 July 1955, see Gazette 18 June 1955, p. 869. As to liability and penalty for an offence under this section, see ss. 53-55.

43. Night trotting and coursing unlawful. It shall be unlawful for a person to conduct a race meeting, horse race, coursing meeting, or coursing during night time.

For races to which this section does not apply, see s. 29. As to liability and penalty for an offence under this section, see 5S. 53-55.

44. Attending unlawful racing or coursing prohibited. ( 1) A person shall not be present at or in a place whereon a race meeting, horse race, coursing meeting, or coursing is being, or is about to be, conducted during night time.

(2) A person guilty of an offence against this section shall be liable to a penalty not exceeding fifty pounds.

(3) This section does not apply with respect to a member of the Police Force or an officcr acting in the course of duty.

45. Allotment of racing days. ( 1) The total number of days during any period on which race meetings for galloping horses may lawfully be conducted by registered clubs in-

(a) The Metropolitan Area; or (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:-

(a) 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

(b) 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

RACING AND BETIING ACTS, 1954 TO 1963 ss.42·47 307

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.

Racing on unallotted days is unlawful, s. 39.

46. Allocation committee for race meetings for galloping horses. (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.

47. Limitation of racing days for trotting. (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-

(a) In the Metropolitan Area; or (b) 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; or

(c) In an Area (without the Metropolitan Area or any Area in respect whereof a club or clubs is or are approved under section forty-one of this Act) defined in that Order in Council or in a prior Order in Council made under this section,

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 anyone calendar year.

(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,

308 GAMING Vol. 6

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.

( 4) Without prejudice to any powers conferred by section fortyeight of this Act, the Governor in Council may, in the Order in Council fixing pursuant to subsection (1) of this section the maximum number of days during any period on which race meetings for trotting horses may be held in any Area, or in another Order in Council, specify days identified by date or otherwise up to the maximum number of days so fixed to be the days on which race meetings for trotting horses may be held during that period in that Area.

(5) Where the days on which race meetings for trotting horses may be held during any period in any Area have been specified pursuant to subsection (4) of this section, it shall be unlawful for a racing club to hold a race meeting for trotting horses in that Area during that period on any day not so specified.

(6) If, owing to weather conditions, it is found impossible or impracticable to conduct any race meeting for trotting horses on any day specified pursuant to subsection (4) of this section, then the racing club concerned may postpone that race meeting until a 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) to be determined by the racing club and approved in writing by the Minister prior to the conduct of the postponed race meeting, 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.

(7) Subsection (5) of section forty-eight of this Act does not apply with respect to any day specified pursuant to subsection (4) of this section.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 13. For races to which this section does not apply, see s. 29.

48. Allotment of racing days for trotting. ( 1) Where two or more clubs are approved under section forty-one of this Act for-

(a) The Metropolitan Area; or (b) 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-(a) 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

(b) By allotting to each approved club named in the Order in Council respectively specified days identified by date or otherwise.

RACING AND BETTING ACTS, 1954 TO 1963 5s.47-49 309

(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.

( 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.

49. Committee may be established to allot trotting days in Area. ( 1 ) Where two or more clubs are approved under section forty-one of this Act for the Metropolitan Area or for an Area outside the Metropolitan Area 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.



(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,

310 GAMING Vol. 6

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) Declaration of approved coursing clubs. When and so often as the Governor in Council deems it necessary or expedient so to do he may, by Order in Council-

(a) 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 Councilor in a prior Order in Council made under this section;

(b) 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 anyone 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.

(2) Coursing meetings conducted by other than approved coursing clubs unlawful. It shall be unlawful for a person, other than an approved coursing club for the Metropolitan Area, to conduct in that Area, on a day later than three months after the coming into operation of this section, a coursing meeting or any coursing.

(3) At any time when a coursing club or coursing 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 coursing meeting or any coursing.

As to liability and penalty for an offence under this section, see ss. 53-55.

51. (1) Limitation of days for coursing. The Governor in Council from time to time may, by Order in Council, fix the maximum number of days on which coursing meetings may be held-

(a) In the Metropolitan Area; or (b) Where a club or clubs is or are approved under section fifty

of this Act for an Area outside the Metropolitan Area, in that Area; or

(c) In an Area (without the Metropolitan Area or any Area in respect whereof a club or clubs is or are approved under section fifty of this Act) defined in that Order in Council or in a prior Order in Council made under this section,

during the period specified in the Order in Council.

(2) Where the maximum number of days during any period on which coursing meetings may be held in any Area (including the Metropolitan Area) has been fixed pursuant to subsection one of this section and such coursing meetings have been held in that Area during that


period on a number of days equal t? the maximum numb~r so fix~d, then it shall be unlawful for any coursmg club to hold a coursmg meetmg in that Area on any day during the remainder of that period.

(3) Allotment of days for coursing. Where two or more coursing clubs are approved under section fifty of this Act for-

(a) The Metropolitan Area; or (b) 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 this section in respect of that Area.

( 4) Such an allotment may be made-(a) By allotting to each approved coursing club named in the

Order in Council a stated number of days without identifying by date or otherwise any day so allotted; or

(b) By allotting to each approved coursing club named in the Order in Council respectively specified days identified by date or otherwise.

(5) Where such an allotment shall have been made in the manner specified in paragraph (a) of subsection four of this section, and there is not subsisting a committee appointed under subsection eight of this section, the coursing clubs approved under section fifty 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 coursing meetings in that Area.

(6) During a period in respect whereof an allotment under subsection three of this section is in force, it shall be unlawful for an approved coursing club for the Area in respect whereof that allotment is in force to conduct therein a coursing meeting on a day not allotted to that approved coursing 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 subsection eight of this section for the Area, or if there is not subsisting such a committee, the dates fixed by agreement among the approved coursing clubs for the Area in question, for the conducting by those approved clubs respectively of meetings in that Area, shall be the days allotted to each such club by that allotment.

This subsection applies subject to subsection seven of this section. ( 6a) Without prejudice to any powers conferred by subsection (3)

of this section, the Governor in Council may, in the Order in Council fixing pursuant to subsection (1) of this section the maximum number of days during any period on which coursing meetings may be held in any Area, or in another Order in Council, specify days identified by date or otherwise up to the maximum number of days so fixed to be the days on which coursing meetings may be held during that period in that Area.

(6b) Where the days on which coursing meetings may be held during any period in any Area have been specified pursuant to subsection (6a) of this section, it shall be unlawful for a coursing club to hold a coursing meeting in that Area during that period on any day not so specified for that period.

312 GAMING Vol. 6

( 6c) If, owing to weather conditions, it is found impossible or impracticable to conduct any coursing meeting on any day specified pursuant to subsection ( 6a) of this section, then the coursing club concerned may postpone that coursing meeting until a day (being, in respect of the Area in question, a day on which a coursing meeting may lawfully be conducted under this Act) to be determined by the coursing club and approved in writing by the Minister prior to the conduct of the postponed coursing meeting, but not later than the Saturday of the second week following the week containing the day on which the postponed coursing meeting should have been conducted.

(7) If, owing to weather conditions, it is found impossible or impracticable to conduct any coursing meeting on any day allotted pursuant to this section but not specified pursuant to subsection (6a) of this section, then the coursing club concerned may postpone that coursing meeting until such day (being, in respect of the Area in question, a day on which a coursing meeting 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 coursing meeting should have been conducted and not being a day which has been allotted pursuant to this Act to another coursing club approved under section fifty of this Act for the Area concerned.

( 8) Committee may be established to allot coursing days in Area. (a) Where two or more coursing clubs are approved under section fifty of this Act for the Metropolitan Area or for an Area outside the Metropolitan Area the Governor in Council may, by Order in Council, appoint such number as he deems fit of persons interested in his opinion in coursing to be a committee for the Area in question.



(b) An Order in Council under or for the purposes of this subsection 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 subsection.

(c) If and when a committee is appointed under this subsection, it shall, where an allotment shall have been made in the manner specified in paragraph (a) of subsection four of this section, 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 coursing clubs for that Area may during the period in respect whereof the allotment is made respectively conduct coursing meetings in that Area.


52. Licensing of racecourses and coursing grounds. (1) Without limiting the power to make under this Act regulations, the regulations may prescribe all such matters and things as the Governor in Council deems


necessary or expedient with respect to the licensing of racecourses and coursing grounds including, but without limiting the generality of the foregoing provision, regulations for the purpose of-

(a) The appointment or establishment of a person, committee, or other authority charged with that licensing; and

(b) Providing for, regulating and controlling applications for and the issue and renewal of such licenses, the period for which such licenses or renewals thereof shall be in force, and the suspension or cancellation thereof.

(2) Unless otherwise especially prescribed by regulations, the person, committee or other authority charged with licensing racecourses and coursing grounds shall have an absolute discretion to refuse an application for or for the renewal of, or to suspend or cancel, such a license without assigning any reason for the refusal, suspension, or cancellation.

For the power to make regulations under the Act, see s. 144.

53. Liability for unlawfully conducting, etc., racing and coursing. ( 1) A person-

(a) Who unlawfully conducts a race meeting, horse race, coursing meeting, or coursing; or

(b) Who assists in conducting, or who promotes or assists in promoting, a race meeting, horse race, coursing meeting, or coursing, which it is unlawful to conduct,

shall be guilty of an offence against this Act and liable to a penalty of not more than one thousand pounds.

(2) For the purposes of this section "assist in conducting" includes, without limit to the generality of the meaning thereof, act as starter, judge, or stipendiary steward.

(3) This section applies with respect to a race meeting, horse race, coursing meeting, or coursing, the conducting whereof is in any respect unlawful under any of the provisions of sections thirty-six to fifty-one, both inclusive, of this Act.

Offences may be prosecuted in a summary way, s. 133.

54. Occupier permitting racing or coursing to be conducted unlawfully. ( 1) An occupier of a place shall not permit or suffer a person unlawfully to conduct thereon a race meeting, horse race, coursing meeting, or coursing.

An occupier who contravenes this section shall be guilty of an offence against this Act and liable to a penalty of not more than one thousand pounds.



55. Advertising, etc., unlawful racing or coursing prohibited. ( 1) A person shall not print, publish, sell, circulate, distribute, exhibit, or post up, or cause or procure or permit or suffer to be printed, published, sold, circulated, distributed, exhibited, or posted up, any placard, handbill,

314 GAMING Vol. 6

card, writing, advertisement, information, or notice which directly or indirectly relates to any intended race meeting, horse race, coursing meeting, or coursing which it is unlawful to conduct.

(2) A person guilty of an offence against this section shall be liable, in the case of an individual person, to a penalty not exceeding fifty pounds.



55A. Country sports meetings. (1) For the purposes of this scction"Authorised officer" means a person authorised in writing by the

Commissioner of Stamp Duties to grant permits; "Country sports meeting" means a meeting for the purpose of

conducting sporting contingencies which include horse racing; "Permit"-A permit in writing issued by the Commissioner of

Stamp Duties, or by an authorised officer and authorising the person named therein to conduct a country sports meeting on the day and at the place named therein.

(2) Subject to this section the Commissioner of Stamp Duties or an authorised officer may issue to an applicant therefor a permit.

The Commissioner of Stamp Duties or an authorised officer may subject a permit to such conditions as are in his opinion necessary or desirable to ensure the safe and orderly conducting of the horse races thereby authorised.

Any such conditions shall be set out in the permit. The Commissioner of Stamp Duties or an authorised officer may

refuse to issue or cancel a permit without giving any reason for the refusal or cancellation.

(3) Any application for a permit shall-(a) Be in or to the effect of the prescribed form; and (b) Contain or be accompanied by, according as may be pre

scribed, the prescribed information and particulars with respect to the applicant and the ground whereon the country sports meeting the subject of the application will be conducted and, in particular, the part of such ground which will be used for horse racing.

(4) A permit shall authorise, justify or excuse the conducting of any horse race at the country sports meeting concerned on the day and at the place named in the permit if, but only if-

(a) Such day is not a Sunday or Christmas Day, Good Friday or Anzac Day;

(b) Bookmaking is not permitted at the country sports meeting concerned on and at such day and place;

(c) The number of horse races conducted at the country sports meeting concerned on and at such day and place does not exceed one-quarter of the aggregate of the sporting contingencies conducted at such country sports meeting on and at such day and place;


(d) No horse taking part in such race is registered by any racing club or ridden or driven by a person who is registered as a jockey or driver or apprentice jockey or driver by any racing club;

(e) The person conducting the country sports meeting in question is indemnified by a policy of insurance against the legal liability of such person for accidental death of or accidental bodily injury, arising out of the conducting of the country sports meeting in question, to any person who is a rider or driver of any horse in any horse race or a competitor or participant in any other sporting contingency conducted thereat or who is an employee of such firstmentioned person in connection with the conducting thereof or who is a member of the public present thereat;

(f) Such horse race is conducted in compliance in every respect with the conditions, if any, set out in the permit.

(5) A permit shall not authorise, justify or excuse any coursing or bookmaking.

(6) Save as expressly prescribed by this section no provision of this section or permit shall authorise, justify or excuse any act or omission which is an offence against this Act.

Inserted by Act of 1960, 9 Eliz. 2 No. 12, s. 2.

55B. Governor in Council may direct that race meeting, etc., not to be held in an Area on specified date. (1) Notwithstanding any other provision of this Act, the Governor in Council from time to time may, by Order in Council, direct-

(a) that no race meeting, horse race, coursing meeting or coursing; or

(b) that no race meeting, horse race, coursing meeting or coursing other than a race meeting, horse race, coursing meeting or coursing specified in the Order in Council,

shall be held-(c) in the Metropolitan Area; (d) in any Local Authority Area specified in section thirty-six

of this Act; or (e) in any Area (without the Metropolitan Area or any such

Local Authority Area) defined in the Order in Council, on the date specified in such Order in Council.

(2) It shall be unlawful for any club to conduct a race meeting, horse race, coursing meeting or coursing in contravention of a direction con~ained in an Order in Council made under subsection (1) of this sectIon.

Inserted by Act of 1961, 10 Eliz. 2 No. 54, s. 15. For races to which this section does not apply, see s. 29.

PART V-TOTALISATORS

56. Continuance in force of totalisator permits under 53 Vic. No.2. Any and every permit to use a totalisator granted under "The Totalisator Restriction Act of 1889," and remaining in force immediately prior to the date of the repeal of that Act shall, without application or the payment of any fee under this Act, continue to remain in force and shall be deemed

316 GAMING Vol. 6

to be a totalisator license under this Act for a period of six months from the date of the commencement of this Act and upon the expiration of that time shall be and be deemed to be cancelled and shall no longer have force and effect and no person shall have any right or remedy whatsoever in consequence of the cancellation of any such permit.

Act referred to: Totalisator Restriction Act of 1889, now repealed.

This Act commenced on 1 July 1955, see Gazette 18 June 1955, p. 869. It has been held that the Totalisator is not a lottery, Automatic Totalisators

Ltd. v. Federal Commissioner of Taxation (1920), 27 C.L.R. 513.

57. (1) Minister may grant totalisator licenses. Subject to this Part, the Minister may, upon application therefor made to him by a racing club which he is satisfied bona fide and lawfully conducts race meetings, grant to that racing club a totalisator license.

(2) The Minister may at his discretion refuse to grant such a license without assigning any reason for his refusal.

(3) The Minister may, either by notice in writing to the racing club concerned or by notification published in the Gazette, revoke such a license without assigning any reason for the revocation.

( 4) Every such license shall be granted and shall have force and effect subject in every respect to such terms and conditions as being prescribed with respect to totalisator licenses are in force for the time being and subject additionally to such terms and conditions, if any, as the Minister, either generally or in the particular case, deems fit to impose.

Terms and conditions, if any, imposed by the Minister in respect of a totalisator license shall not be inconsistent with those prescribed with respect to totalisator licenses and any and every term or condition so imposed shall be set out in the totalisator license in question.

(5) The Minister-(a) Shall, in any and every totalisator license, specify the race

course or racecourses on which the racing club to which that license is granted is thereby authorised to operate totalisators; and

(b) May, in any totalisator license, specify the period during which or the day or days on which the racing club to which that license is granted is thereby authorised to operate totalisators.

(6) The Minister from time to time by writing may, upon application made for the purpose by a racing club to which a totalisator license has been granted, authorise the operating of totalisators on some other racecourse or racecourses or on some other day or days in place of any racecourse or racecourses or, as the case may be, day or days specified in that totalisator license, whereupon, for the purposes of this Part, such newly authorised racecourse or racecourses or day or days shall be deemed to be specified in the totalisator license in place of the racecourse or racecourses or day or days as originally specified therein and for which the same has or have been so substituted.

(7) No totalisator license shall be granted to authorise nor authorise the operating of any totalisator except on a racecourse at ~ race meeting for galloping or trotting horses.


(8) No totalisator license shall be granted to authorise, nor authorise, the operating of any totalisator on any racecourse on a day on which the conducting on that racecourse of a race meeting is unlawful.

As to off the course totalisators, see s. 71A. For days on which the conducting of a race is unlawful, see S5. 36, 39. As to supervision of totalisators, see s. 70.

58. Classes of totalisators. ( 1) A totalisator license shall authorise the licensee to operate, subject in every respect to the requirements of this Act, a totalisator of the class or totalisators respectively of the classes specified in the license.

(2) Where more instruments, machines, contrivances, or offices than one are used for the issue of tickets, whether in anyone part of a racecourse or in more parts thereof than one, for the purposes of a totalisator of any class, all moneys paid by bettors in respect of any particular event or contingency, at or on all those instruments, machines, contrivances, or offices, shall be added together for the purpose of determining the dividend or dividends payable in respect of that event or contingency, and shall be kept separate from moneys paid into a totalisator of any other class.

As amended by Act of 1957, 6 E1iz. 2 No. 43, s. 2.

59. Days on which totalisators may be operated under the authority of a license. The following days, and no other days whatever, shall be days on which a racing club shall be authorised by a totalisator license to operate totalisators, namely:-

(a) Where that license does not specify any period or day or days during or on which the racing club to which it is granted is thereby authorised to operate totalisators, then on any and every day whilst that license remains in force on which that racing club, being lawfully entitled to conduct a race meeting on any racecourse specified in that license, does so;

(b) Where that license specifies a period during which the racing club to which it is granted is thereby authorised to operate totalisators, then on any and every day during that period on which that racing club, being lawfully entitled to conduct a race meeting on any racecourse specified in that license, does so; or

(c) Where that license specifies a day or days on which the racing club to which it is granted is thereby authorised to operate totalisators, then on any and every day so specified on which that racing club, being lawfully entitled to conduct a race meeting on any racecourse specified in that license, does so.

60. Offences with respect to operating totalisators. ( 1) A person shall not operate or assist in operating a totalisator elsewhere than on a racecourse.

(2) A person shall not bet by means of a totalisator operating elsewhere than on a racecourse.

(3) A person shall not, on any day on which it is unlawful for any person to conduct a race meeting on a racecourse, operate or assist in operating on that racecourse a totalisator.

318 GAMING Vol. 6

( 4) A person shall not, on any day on which it is lawful to conduct a race meeting on a racecourse, operate or assist in operating on that racecourse a totalisator unless-

(a) A race meeting is actually conducted on that racecourse on that day;

(b) That race meeting is conducted by a racing club; (c) It is lawful for that racing club to conduct that race meeting

on that racecourse on that day; (d) That racing club is authorised by a totalisator license to

operate that totalisator on that racecourse on that day; ( e) That totalisator is there and then operated by the authority

and under the control of the committee of that racing club; and

(f) That totalisator is there and then operated in compliance in every respect with the terms and conditions prescribed with respect to totalisator licenses and additionally the terms and conditions, if any, imposed by the Minister in respect of the totalisator license in question.

(5) A person shall not on any day operate or assist in operating on a racecourse a totalisator in respect of any event or contingency save a horse race to be decided at a race meeting which is lawful according to the law in force when and where that meeting is held.

For days on which it is unlawful for any person to conduct a race meeting, see ss. 36, 39.

Subsections (1) and (2) do not apply to an off the course totalisator, or to bets off the course with the Authority, s. 71A (7).

As to supervision of totalisators, see s. 70.

61. Betting by minors on totalisators prohibited. (1) Nothing in this Part shall authorise or be deemed to authorise a person under the age of twenty-one years to bet on a totalisator.

(2) A person under the age of twenty-one years shall not bet on a totalisator either on his own behalf or on behalf of any other person.

(3) A person operating or assisting in operating a totalisator shall not supply to any person apparently under the age of twenty-one years a ticket or other instrument whereby a bet on that totalisator is made or evidenced, or pay to any person apparently under the age of twenty-one years any dividend payable on that totalisator.

( 4) A person shall not make for or on behalf of a person apparently under the age of twenty-one years a bet on a totalisator or collect for or on behalf of a person apparently under the age of twenty-one years any dividend payable on a totalisator.

(5) A person shall not operate or assist in operating a totalisator unless a clearly printed copy of subsections two, three and four of this section is affixed outside and over every opening in that totalisator at which bets or dividends thereon are made or paid.

(6) A person shall not be convicted for an offence against subsection three or four of this section if the adjudicating court is satisfied that the person apparently under the age of twenty-one years in relation to whom that offence was committed was, when the offence was committed, of or above that age.


(7) A person under the age of twenty-one years guilty of an offence against subsection two of this section shall be liable to a penalty not exceeding ten pounds.

(8) A person guilty of an offence against subsection three or four or five of this section shall be liable to a penalty not exceeding one hundred pounds or to imprisonment for a term not exceeding three months or to both that penalty and imprisonment.

62. Closing of totalisators. A racing club conducting a race meeting-(i) Shall cause to be closed the totalisators operating at that race

meeting in respect of any event at the prescribed time (which in no case shall be later than the time of the actual start of the event) or, if no such time is prescribed, immediately upon the actual start of the event; and

(ii) Shall not permit to be sold any ticket at a totalisator operating at that race meeting in respect of any event after the time when that club is required by this section to close that totalisator.

63. Laying totalisator odds or dealing in totalisator tickets. (1) No person-

(i) Shall make or enter into a bet, or offer to make or enter into a bet, upon the result of any event or contingency, whereby he agrees to pay to the other party to the said bet, if the latter should win the same, a sum of money the amount of which is dependent upon the result of the operating of a totalisator on the said event or contingency; or

(ii) Shall sell or offer for sale (nor shall any person purchase from him) any ticket, card, or thing entitling or purporting to entitle the purchaser or holder thereof to any interest in the result of the operating of a totalisator on any event or contingency; or

(iii) Shall make or offer to make any contract or bargain of any kind to pay or receive money upon an event or contingency determined or to be determined by the result of the operating of a totalisator on any event or contingency.

(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.

320 GAMING Vol. 6

( 4) The provlSlons 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."

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 16, and by Act of 1963, No. 32, s. 3.

64. Totalisator agents. No person shall-(i) Send or cause to be sent to any other person any circular,

notice, advertisement, letter, telegram, or other document requesting or inviting such other person to employ him as an agent, or offering his services as an agent in purchasing any ticket or making any bet or investing any money in connection with the operating of a totalisator; or

(ii) Act as an agent, or employ any other person to act for him as an agent, in purchasing any ticket or making any bet or investing any money in connection with the operating of a totalisator in consideration of a fee, commission, reward, share, or interest of any kind whatever or upon any understanding or agreement, either expressed or implied, for a fee, commission, reward, share, or interest of any kind whatever.

65. (1) Totalisator tax. There shall be levied, charged, and paid to the use of Her Majesty in right of this State by each and every racing club authorised under this Part to operate totalisators, a tax which shall be known as totalisator tax, and which shall be a sum equal to five per centum of all moneys paid into each and every totalisator operated at each race meeting conducted by the racing club.

(2) Club's commission. The sum to be charged by and to be paid to a racing club, authorised under this Part to operate totalisators, as and for commission shall not exceed-

(i) (In the case of a totalisator operated at a race meeting conducted on a racecourse situated within a twenty miles radius of the General Post Office at Brisbane) eight and threequarters per centum; or

RACING AND BETTING ACTS, 1954 TO 1963 SS. 63-66 321

(ii) (In the case of a totalisator operated at a race meeting conducted on a racecourse situated elsewhere within the State) ten per centum,

of all moneys paid into each and every totalisator operated at each race meeting conducted by the racing club.

As amended by Act of 1962, No. 40, s. 5. The tax prescribed by subsection (1) is also levied and charged on all bets

made on olI the course totalisators or with the Authority, s. 71A (6) (a).

66. Mode of dealing with moneys paid into totalisator. (1) The person operating or assisting in operating a totalisator shall, upon the deciding of each event or contingency with respect to which tickets were issued from the totalisator-

(i) Deduct from all moneys paid into the totalisator in respect of such event or contingency the sums respectively payable as totalisator tax and as and for commission to the racing club which is authorised under this Part to operate that totalisator; and

(ii) After making both such deductions, payout by way of dividend, but subject to the provisions of subsections two and three of this section, all moneys paid into the totalisator in respect of that event or contingency.

(2) Fractions, etc. (a) Every dividend shall be calculated on a unit of investment of five shillings.

(b) In calculating the dividend on a unit of investment-(i) A fraction of sixpence less than threepence shall be

disregarded; and

(ii) A fraction of sixpence equal to or greater than threepence shall be counted as threepence.

(c) The amount payable to the holder of a ticket shall be determined by multiplying the dividend calculated to be payable upon a unit of investment by the number of those units received in payment for that ticket.

(3) The person operating or assisting in operating a totalisator shall not payout any dividend except on presentation of a ticket entitling the holder thereof to that dividend.

(4) (a) Where at any race meeting on a racecourse two or, as the case may be, three dividends are payable in equal proportions to investors in a place totalisator, then every investor in such place totalisator or in any other totalisator being operated at that meeting (whether by or on behalf of the same or a different person, or whether in respect of events or contingencies to be decided at such race meeting or elsewhere) shall, in respect of any and every dividend payable to such investor (other than in relation to any horse specified in paragraph (c) of this subsection), be paid not less than five shillings for each unit of his investment.

(b) If, in respect of any horse, the aggregate of the moneys payable out of a,y totalisator pursuant to paragraph (ii) of subsection one of this section is insufficient to enable five shillings for each unit of his investment to be paid to every investor to whom a dividend of not less than such

11

322 GAMING Vol. 6

amount is payable, the person operating the totalisator in question, or on whose behalf such totalisator is operated, may recoup the amount of such insufficiency-

(i) From the total amount of any unpaid fractions of dividends resulting from the operating of all totalisators which are operated by or on behalf of such person at the race meeting in question; and

(ii) To the extent to which such insufficiency exceeds the total amount of any such unpaid fractions, from the amount of the totalisator tax resulting from the operating of all totalisators which are operated by or on behalf of such person at the race meeting in question.

Where any such insufficiency exceeds the aggregate of the total amounts respectively of unpaid fractions and of totalisator tax from which it may be recouped pursuant to this paragraph (b) of this subsection, the person operating the totalisator or totalisators in question, or on whose behalf such totalisator or totalisators is or are operated, may claim from the Commissioner of Stamp Duties the amount of such excess and, subject to receiving such a claim in or to the effect of the prescribed form and being satisfied that the sum claimed is claimable under this subsection, the said Commissioner shall pay the same.

(c) An investor shall not, under or by virtue of any provision of this subsection, be entitled to be paid or be paid a dividend of not less than five shillings for each unit of any investment in-

(i) a win only totalisator made by him in relation to a horse which runs a dead heat with any other horse or horses for first place in the event or contingency in question; or

(ii) a place totalisator made by him in relation to a horse which runs a dead heat with any other horse or horses for-

(a) in any case where only two dividends are payable, second place; or

(b) in any case where three dividends are payable, third place, in the event or contingency in question.

(5) (a) In this subsection the term "Authority" means the Authority established and constituted pursuant to section 71A of this Act, by the Governor in Council by Order in Council under the name of "The Totalisator Administration Board of Queensland".

(b) Subject to subsection (4) of section sixty-nine of this Act, ~ubsections ( 1) to (4), both inclusive, of this section apply to any 1,~talisator operated by the Authority and to all bets made thereon with I.',~ Authority.

(c) For the purpose of the application thereof as prescribed by paragraph (b) of this subsection, subsections (1) to (4), both inclusive of this section shall be read with and subject to all necessary adaptations including with the omission from subparagraphs (i) and (ii) of paragraph (b) of subsection (4) of the words "at the race meeting in question".

As amended by Act of 1960, 9 Eliz. 2 No. 12, s. 3; Act of 1961, 10 Eliz. :2 lItJo. 54, s. 17; Act of 1962 No. 40, s. 6.


67. Declaration of totalisator transactions. (1) When and so often as a totalisator is operated at a ra:::e meeting conducted by a racing club that racing club shall, within seven days (or, if a lesser period than seven days is prescribed, within that lesser period) after the termination of the meeting, cause a declaration (in this Act referred to as "declaration of totalisator transactions") in the prescribed form, or a form to the like effe:::t, and containing, with respect to the operating of all totalisators at that race meeting, the particulars specified in subsection two of this section, to be made by the secretary or a member of the racing club and lodged with the Commissioner of Stamp Duties.

(2) Every declaration of totalisator transactions shall specify the following particulars:-

(i) The name and address of the person making the declaration and whether he makes the declaration as secretary or a member of the committee of the racing club;

(ii) The name of the racing club and particulars identifying the totalisator license held by it;

(iii) The dates when and the racecourse where the race meeting, at which the totalisators were operated, was conducted by the racing club;

(iv) The classes of totalisator with respect to which the declaration is made;

(v) The total amount of moneys paid into those totalisators at that race meeting;

(vi) The total sum of totalisator tax payable thereon; (vii) The total sum charged by and paid to the club as and for

commission thereon; (viii) The total amount of unpaid fractions; and (ix) The total amount of unpaid dividends.

68. When totalisator tax, etc., to be paid. ( 1) When and so often as a totalisator is operated at a race meeting conducted by a racing club, that club shall-

(i) Within the time prescribed for lodging with the Commissioner of Stamp Duties the declaration of totalisator transactions with respect to the operating of totalisators at that race meeting, pay to the Commissioner of Stamp Duties-

(a) The total sum of totalisator tax; and (b) The total amount of unpaid fractions, under this Act with

respect to the operating of the totalisators; and

(ii) Pay to the Commissioner of Stamp Duties all unpaid dividends with respect to the operating of the totalisator-

(a) (Where the racecourse on which the totalisator was operated is situated within a twenty miles radius of the General Post Offi:::e at Brisbane, or within a ten miles radius of the principal post office at Ipswich, Rockhampton, Toowoomba, or Townsville, or at such other place or places as may be prescribed) on the day or, as the case may be, each day of the race meeting; or

324 GAMING Vol. 6

(b) (In all other cases) within such time after the termination of the meeting as may be prescribed, or where not prescribed, as the Commissioner of Stamp Duties may direct.

The amount payable to the Commissioner of Stamp Duties of any total amount of unpaid fractions or any total sum of totalisator tax referred to in this subsection shall be reduced by any amount recouped therefrom under and in accordance with the provisions of subsection four of section sixty-six of this Act.

(2) When any moneys paid into a totalisator the disposal of which is not otherwise directed or allowed by this Part remain in the hands of a racing club, then that club shall, within seven days after the termination of the race meeting at which such moneys were received, pay those moneys to the Commissioner of Stamp Duties.

(3) On every occasion when paying an amount of any moneys pursuant to this section, the racing club making that payment shall lodge with the Commissioner of Stamp Duties particulars of the totalisator tickets in respect of which those moneys are paid or, as the case may be, of those moneys.


69. Unpaid dividends. ( 1) Any unpaid dividend paid pursuant to this Part to the Commissioner of Stamp Duties may be claimed and recovered by the holder of the totalisator ticket entitling him to that dividend, by presentation of that ticket to the Commissioner of Stamp Duties within three months after the termination of the race meeting at which that ticket was issued.

Such a dividend shall not be claimable or recoverable from any person other than the Commissioner of Stamp Duties nor from him otherwise than as prescribed by this subsection.

(2) If, upon the expiration of three months following the termination of the race meeting at which any unpaid dividend became payable, that dividend has not been paid by the Commissioner of Stamp Duties pursuant to subsection one of this section, then that dividend shall be paid into the Consolidated Revenue Fund.

(3) Notwithstanding any other provision of this Act, where before three o'clock in the afternoon of a day not later than seven days after the day on which a dividend becomes payable on a win only totalisator, a pla.:e totalisator, a quinella totalisator, a doubles totalisator or a forecast totalisator any holder of a ticket entitling him to be paid such dividend presents such ticket at any of such totalisators when it is being operated by or on behalf of the same person at a race meeting (whether on the racecourse where such dividend became payable or on any other racecourse) the person operating or assisting in operating such lastmentioned totalisator may pay such dividend to such person.

The person operating or assisting to operate any totalisator referred to in this subsection may claim from the Commissioner of Stamp Duties the amount of any dividend paid by him under and in accordance with this subsection and, subject to receiving such a claim in or to the effect of the prescribed form and being satisfied that the sum claimed is claimable under this subsection, the said Commissioner shall pay the same.

RACING AND BErrING ACTS, 1954 TO 1963 ss. 68-70 325

( 4) (a) The provisions with respect to unpaid dividends of section sixty-eight of this Act and of subsections (1), (2) and (3) of this section do not apply to unpaid dividends in respect of bets made through or with the Authority (in this subsection called "the Authority") established and constituted pursuant to section 71 A of this Act by the Governor in Council by Order in Council under the name of "The Totalisator Administration Board of Queensland" on a totalisator on a racecourse or a totalisator operated by it.

(b) The Authority may retain unpaid dividends in respect of bets made through or with the Authority on a totalisator on a racecourse or a totalisator operated by it for a period of three months from and including the date on which the event or contingency on which the bet was made was decided unless a person who satisfies it that he is entitled to collect the dividend shall sooner produce to it the original of the ticket in respect of the bet issued by it (in which event it shall pay the unpaid dividend in question to such person).

(c) Unless sooner paid as aforesaid, at the expiration of such period of three months if a person who claimed any unpaid dividend within a period of twenty-eight days from and including the day on which the event or contingency on which the bet was made was decided shall have satisfied the Authority that he is entitled to such dividend, the Authority may pay the unpaid dividend in question to such person.

(d) The provisions of paragraphs (b) and (c) of this subsection shall extend to dividends unpaid at the date of the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962", in respect of bets made on events or contingencies decided before that date, save that the Authority shall not, pursuant to paragraph (c) of this section, pay to any person any such dividend unless he claimed it within a period of twenty-eight days from and including the day on which the event or contingency on which the bet was made was decided.

Where, in respect of any unpaid dividend to which this paragraph (d) applies, the period of three months mentioned in paragraphs (b) or (c) of this subsection has expired before, or has less than one month to run at, the date of the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962", that period shall be extended to a date one month after the date of the passing of such lastmentioned Act.

(e) The Authority shall pay to the Commissioner of Stamp Duties (for payment into the Consolidated Revenue Fund) every unclaimed dividend which has not been paid as aforesaid.

As amended by Act of 1960. 9 Eliz. 2 No. 12, s. 5; Act of 1961, 10 EIiz. 2 No. 54, s. 18; Act of 1962 No. 40, s. 7.

Act referred to: Racing and Betting Acts and Another Act Amendment Act of 1962 (not

reprinted) . The amending Act of 1962 was passed on 21 December 1962.

70. Supervision of totalisators. ( 1) Every totalisator whereat an inspector of totalisators is in attendance shall be operated under the direct supervision of that inspector.

. (2) An inspector of totalisators shall, for the purposes of subsection one of this section, at all times have free access to every place in which a totalisator is situated or operated, and shall be entitled to inspect any part of the totalisator and the operating of that totalisator and to call for, inspect, and check all moneys, books, tickets, vouchers, and other

326 GAMING Vol. 6

documents in or on that place or used in connection with the totalisator and to take copies thereof or extra:ts therefrom, or of or from any entries therein, and to demand any information he deems necessary for the p:.lrposes of the inspection from any persons concerned in the direction and control, or operating of the totaiisator, or from any other persons whom he believes to be in a position to supply that information.

(3) An inspector of totalisators shall, in each case, furnish to the Commissioner of Stamp Duties a report as to the operating of the totalisator under his supervision and the conduct of the persons operating the same.

71. Books to be kept. The racing club conducting a race meeting at which a totalisator is or totalisators are operated, shall cause to be entered and kept recorded for a period of at least two years in a book or books to be kept for the purpose, full and correct particulars, as prescribed, of the transactions with respect to the operating of that totalisator, or, as the case may be, of each of those totalisators.

71A. Off the course betting on totalisators. ( 1) The Governor in Council may by Order in Council provide for, regulate and control betting off a racecourse on totalisators.

(2) The power to make an Order in Council under this section includes power to make such and so many Orders in Council, and either at one and the same time or from time to time as the Governor in Council deems necessary or expedient for the purposes of this section.

Any such Order in Council may be in addition to, substitution for or amendment of any other such Order in Council.

(3) The power to provide for, regulate and control betting off a racecourse on totalisators includes, but without limit to the generality of that power, power-

(a) to establish and constitute an authority (in this section called the "Authority") under such name and comprising such number of persons as may be prescribed;

(b) to prescribe the manner of appointment of members of the Authority, the term for which such appointments may be made, the disqualifications from membership, and rules respecting meetings of the Authority and the conduct of its business and proceedings;

(c) to prescribe the powers, functions and duties which the Authority shall have and may exercise for the purposes of this section or for such purposes as the Governor in Council deems incidental to the purposes of this section;

(d) to prescribe ways and means of financing the operations of the Authority and to authorise the Treasurer, on behalf of the Crown, to guarantee the repayment of any moneys borrowed by the Authority together with the payment of interest thereon.

(4) For the purposes of this section the Authority may be empowered or authorised-

(a) to establish such and so many totalisator agencies as the Minister may approve from time to time in which bets may be made as preseribed-

(i) on a totalisator through or with the Authority; or (ii) with the Authority;

RACING AND BETfING ACfS, 1954 TO 1963 SS. 70-71A 327

(b)

(c)

(d)

to purchase or take on lease or license any land, building or premises, to erect any building, or to equip, fit and furnish any building or premises; to enter into agency contracts or other contracts or arrangements whatsoever; to do and take all such other steps and things as the Governor in Council deems necessary, desirable or expedient for carrying out the purposes of this section or for enabling the Authority to do so.

(5) Provision may be made by Order in Council under this section for the appointment and employment of a secretary and other officers of the Authority.

(6) (a) Totalisator tax as prescribed by subsection (1) of section sixty-five of this Act shall be levied and charged on all bets made off a racecourse on a totalisator or with the Authority.

(b) The Authority shall, within fifteen days after the last day of any and every week, pay to the Commissioner of Stamp Duties-

(i) the amount of such tax in respect of all bets made through or with the Authority on any totalisator on a racecourse or on any totalisator operated by the Authority; and

(ii) the amount of unpaid fractions in respect of all bets made with the Authority on any totalisator operated by the Authority,

on events or contingencies which were decided during the week in question.

(c) As respects bets made through the Authority on a totalisator on a racecourse such payments shall to the extent thereof satisfy the liability of the racing club concerned under section sixty-eight of this Act, and such racing club shall credit the Authority with the amount of every such payment due by it and every amount so credited shall be set off against the sum in respect of totalisator tax payable by the Authority to the racing club in respect of bets to which the credit relates.

(d) In respect of bets made off a racecourse on a totalisator on such racecourse or with the Authority, the commission prescribed by subsection (2) of section sixty-five of this Act shall be payable to the Authority and, in respect of bets made off a racecourse on a totalisator on a racecourse, shall be deducted from the moneys paid into the totalisator in respect of such bets and paid to the Authority by the racing club authorised under this Act to operate the totalisator.

In the case of bets made with the Authority the commission prescribed by subsection (2) of section sixty-five of this Act shall be deemed to be-

(i) in respect of a horse race or horse races to be decided at a race meeting or race meetings in Queensland, commission at the rate per centum prescribed by the said subsection (2) to be payable in respect of a totalisator operated on the racecourse whereon such race meeting or race meetings is or are held;

(ii) in respect of a horse race or horse races to be decided at a race meeting or race meetings elsewhere than in Queensland, commission at the rate of ten per centum of the amount of all bets.

32~ GAMING Vol. 6

(7) Nothing in Part VII of this Act shall apply with respect to any bet off a racecourse on a totalisator or with the Authority which is made in accordanc~ in evcry respect with the provisions of an Order in Council under this section.

The provisions of subsections (1) and (2) of section sixty or section one hundred and seven of this Act do not apply with respect to a totalisator which is operated elsewhere than on a racecourse, or with respect to bets off a racecourse with the Authority, in accordance in every respect with the provisions of an Order in Council under this section.

(8) (a) In this subsection the term "establishment and capital expenses" has the meaning assigned to it by the Order in Council made, and published in the Gazette at pages 1751 and 1752, on the eighth day of August, one thousand nine hundred and sixty-two.

(b) In reimbursement of establishment and capital expenses, subject to paragraph (c) of this subsection, the Authority shall be entitled to forty per centum of totalisator tax in respect of bets made through or with it on a totalisator on a racecourse or a totalisator operated by it, including as well bets made before as bets made on or after the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962."

Accordingly, subject to paragraph (c) of this subsection, the Authority may retain forty per centum of any and every periodical payment of totalisator tax which becomes due for payment by it on or after the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962," and the Treasurer shall refund to the Authority the amount per centum whereto the Authority is entitled under this paragraph of totalisator tax paid by the Authority or by any racing club to the Commissioner of Stamp Duties before the passing of such Act.

For the purposes of this paragraph (b) totalisator tax in respect of bets mentioned in this paragraph shall be reduced by the amount of the insufficiency in any dividend recouped from totalisator tax by, or paid by the Commissioner of Stamp Duties to, the Authority pursuant to paragraph (b) of subsection (4) of section sixty-six of this Act, and the forty per centum referred to in this paragraph shall be that percentage of such reduced totalisator tax.

(c) Paragraph (b) of this subsection applies so as not to authorise the retention by the Authority at any time from totalisator tax of moneys which, together with the payment made to it from the Consolidated Revenue Fund pursuant to that paragraph, are in excess of the amount paid or incurred by it up to the time in question for establishment and capital expenses.

If at any time the aggregate of the moneys retained by and paid to the Authority from totalisator tax and from the Consolidated Revenue Fund amounts to or exceeds the total of the amounts paid or incurred by it for establishment and capital expenses up to the time in question, the Authority-

(i) shall forthwith pay to the Commissioner of Stamp Duties the amount of such excess, if any; and

(ii) thereafter, until a further amount for establishment and capital expenses has been paid or incurred by it, shall not retain any moneys from any periodic payment of totalisator tax prescribed to be made by it.

RACING AND BETTING ACTS 1954 TO 1963 ss.71A-73 329

Inserted by Act of 1961, 10 Eliz. 2 No. 54, s. 19; as amended by Act of 1962. No. 40, s. 8, and Act of 1963, No. 32, s. 4.

Act referred to: Racing and Betting Acts and Another Act Amendment Act of 1962, not

reprinted. The amendment made by the Act of 1961 came into operation on 1 March

1962, see ibid., s. 2, post. The amending Act of 1962 was passed on 21 December 1962. For Orders in Council under this section see Table of Contents, p. 259, ante.

PART VI-BooKMAKERS

DIVISION I--0N THE COURSE BETTING

72. Saving of control by racing clubs, etc., over bookmakers carrying on business on racecourses, etc. Nothing in this Act shall authorise a person to carryon the business of or act as a bookmaker on a racecourse, or a coursing ground, or a place where an athletic meeting is being conducted for which the Minister has granted a permit pursuant to this Part, without the permission of the racing club, coursing club, or athletic club for the time being having the control of the racecourse, coursing ground, or, as the case may be, place lastmentioned, or shall affect the right of such racing club, coursing club, or athletic club to impose any conditions in respect of the carrying on of the business of or acting as a bookmaker by any person on such racecourse, coursing ground, or place lastmentioned, or any part thereof, or shall affect the right of any person to exclude a bookmaker from such racecourse, coursing ground, or, as the case may be, place lastmentioned, or any part thereof.

As to off the course bookmakers, see ss. 79 et seq. For general provisions relating to the carrying on of the business of bookmaking.

see ss. 96 et seq.

73. Bookmaker's permit tax. ( 1) Subject to subsection two of this section, every person who is granted, by any racing club or coursing club, permission to carryon the business of or act as a bookmaker on a racecourse or, as the case may be, coursing ground, shall, for each and every financial year in which he has that permission, pay to Her Majesty in right of this State, a tax (which shall be known as bookmaker's permit tax) of the amount following:-

(i) In the case of permission granted by a racing club in respect of race meetings for galloping horses-

(a) For the saddling paddock of a racecourse situated within a twenty miles radius of the General Post Office at Brisbane, fifty pounds;

(b) For the leger reserve of a racecourse situated as aforesaid, twenty-five pounds;

(c) For any other part of a racecourse situated as aforesaid, five pounds;

(ii) In the case of permission granted by a racing club in respect of race meetings for trotting horses-

(a) For the saddling paddock of a racecourse situated within a twenty miles radius of the General Post Office at Brisbane, twenty-five pounds;

330 GAMING Vol. 6

(b) For any other part of a racecourse situated as last aforesaid, ten pounds;

(iii) In the case of permission granted by a racing club, whether in respect of race meetings for galloping horses or for trotting horses-

(a) For the saddling paddock of a racecourse situated outside a twenty miles radius of the General Post Office at Brisbane but within a ten miles radius of the principal post office at Ipswich, Rockhampton, Toowoomba, or Townsville, fifteen pounds;

(b) For any other part of a racecourse situated as last aforesaid, seven pounds;

(c) For a racecourse situated elsewhere within the State than as aforesaid, five pounds;

(iv) In the case of permission granted by a coursing club--(a) For a coursing ground situated within a sixty miles radius

of the General Post Office at Brisbane, fifteen pounds; (b) For a coursing ground situated elsewhere within the State

than as aforesaid, ten pounds.

(2) A person-(i) Who, in respect of race meetings for galloping horses, has

paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of any section of a racecourse, shall not be required to pay any further such tax for that financial year in respect of any other section of the same or any section of any other racecourse whereon race meetings for galloping horses are conducted in respect whereof the same amount or a lesser amount of bookmaker's permit tax is payable under this section;

(ii) Who, in respect of race meetings for trotting horses has paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of any section of a racecourse, shall not be required to pay any further such tax for that financial year in respect of any other section of the same or any section of any other racecourse whereon race meetings for trotting horses are conducted in respect whereof the same amount or a lesser amount of bookmaker's permit tax is payable under this section;

(iii) Who, in respect of race meetings for galloping horses, has paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of any section of a racecourse shall, as respects any other section of the same or any section of any other racecourse whereon race meetings for galloping horses are conducted in respect whereof a higher amount of bookmaker's permit tax is payable under this section, only be liable to pay for that financial year the difference between the amount of bookmaker's permit tax so paid and the higher amount in question of that tax;

(iv) Who, in respect of race meetings for trotting horses, has paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of any section of a racecourse shall, as respects any other section of the same

RACING AND BETTING ACTS, 1954 TO 1963 ss. 73,74 331

or any section of any other racecourse whereon race meetings for trotting horses are conducted in respect whereof a higher amount of bookmaker's permit tax is payable under this section, only be liable to pay for that financial year the difference between the amount of bookmaker's permit tax so paid and the higher amount in question of that tax;

(v) Who has paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of a coursing ground situated within a sixty miles radius of the General Post Office at Brisbane, shall not be liable to pay any further such tax for that financial year in respect of any other coursing ground within the State of Queensland;

(vi) Who has paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of a coursing ground situated outside a sixty mile radius of the General Post Offi;;e at Brisbane, shall not be liable to pay any further such tax for that financial year in respect of any other coursing ground situated outside that radius;

(vii) Who has paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of a coursing ground situated outside the aforementioned radius shall, as respects like permission for a coursing ground within the aforementioned radius, only be required to pay for that financial year the difference between the amount of bookmaker's permit tax so paid and the higher amount of that tax payable under this section in respect of a coursing ground situated within the aforementioned radius.

(3) For the purposes of this section-(a) A racecourse or coursing ground situated partly within and

partly without a radius from the General Post Office at Brisbane prescribed by this section, shall be deemed to be situated wholly within that radius; and

(b) Excepting any racecourse to which paragraph (a) of this subse;;tion applies, a racecourse situated partly within and partly without a radius prescribed by this section otherwise than by reference to the General Post Office at Brisbane, shall be deemed to be situated wholly within the radius in question.

As to when a bookmaker may be required to produce the official receipt for such tax, see s. 78.

74. Bookmaking on racecourses. A person shall not-(a) On a day on which the conducting of a race meeting on a

racecourse is unlawful, carryon the business of or act as a bookmaker anywhere on that racecourse; or

(b) On a day on which a race meeting may lawfully be conducted on a racecourse, carryon the business of or act as a bookmaker anywhere on that racecourse unless a race meeting is actually conducted on that racecourse on that day; or

(c) On a day on which a race meeting is conducted on a racecourse by a racing club not lawfully entitled to conduct that race meeting on that racecourse on that day, carry on the business of or act as a bookmaker anywhere on that racecourse; or

332 GAMING Vol. 6

Cd) On a day on which a race meeting is actually conducted on a ra..:ecourse by a racing club lawfully entitled to conduct that race meeting on that racecourse on that day, carryon the business of or act as a bookmaker on any part of that racecourse not set apart for the purpose by that racing club or, unless he shall have obtained from that racing club prior permission in writing authorising him to do so, on any such part so set apart; or

(e) On any day carryon the business of or act as a bookmaker on any racecourse unless prior to so doing he shall have paid in full the amount of bookmaker's permit tax payable by him; or

(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; (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.

As amended by Act of 1963, No. 32, s. 5. For days on which it is unlawful to conduct a race meeting, see ss. 36, 39. As to bookmaker's permit tax, see s. 74.

75. Bookmaking on coursing grounds. A person shall not-(a) On a day on which the conducting of a coursing meeting

on a coursing ground is unlawful, carryon the business of or act as a bookmaker anywhere on that coursing ground; or

(b) On a day on which a coursing meeting may lawfully be conducted on a coursing ground, carryon the business of or act as a bookmaker anywhere on that coursing ground unless a coursing meeting is actually conducted on that coursing ground on that day; or

(c) On a day on which a coursing meeting is conducted on a coursing ground by a coursing club not lawfully entitled to conduct that coursing meeting on that coursing ground on that day, carryon the business of or act as a bookmaker anywhere on that coursing ground; or

(d) On a day on which a coursing meeting is actually conducted on a coursing ground by a coursing club lawfully entitled to conduct that coursing meeting on that coursing ground on that day, carryon the business of or act as a bookmaker on any part of that coursing ground not set apart for the purpose by


that coursing club or, unless he shall have obtained from that coursing club prior permission in writing authorising him to do so, on any such part so set apart; or

(e) On any day carryon the business of or act as a bookmaker on any coursing ground unless prior to so doing he shall have paid in full the amount of bookmaker's permit tax payable by him; or

(f) In the course of carrying on the business of or acting as a bookmaker at a coursing meeting, make a bet on any event or contingency other than an event to be decided at that coursing meeting.

For days on which it is unlawful to conduct a coursing meeting, see ss. 36, 51. As to bookmaker's permit tax, see s. 73.

76. Bookmaking at athletic meetings. ( 1) Where in his opinion the circumstan::es so warrant the Minister may in writing permit bookmaking at an athletic meeting.

Such a permit shall specify where and when the athletic meeting the subject thereof is to be held and the athletic club by which that meeting is to be held.

(2) The Minister shaH not grant a permit under this section in respect of an athletic meeting to be held on a Sunday or on Christmas Day, Good Friday, or Anzac Day.

He may, in his absolute discretion and without assigning any reason, grant or refuse to grant such a permit in respect of any other day.

(3) A person shall not carryon the business of or act as a bookmaker at any athletic meeting unless the Minister shaH have previously permitted in writing bookmaking at that athletic meeting.

( 4) A person shall not carryon the business of or act as a bookmaker at any athletic meeting at which bookmaking is permitted by the Minister-

(i) Unless he is then either a licensed off the course bookmaker or the holder of a subsisting permit in writing from a racing club or coursing club authorising him to carryon the business of or act as a bookmaker on a racecourse or, as the case may be, coursing ground; or

(ii) On a part of the athletic ground on which that athletic meeting is held not set apart for the purpose by the athletic club conducting that athletic meeting; or

(iii) On a part of the athletic ground on which that meeting is held set apart for the purpose of betting by the athletic club conducting that meeting unless he has the prior permission in writing of that athletic club to do so.

(5) An athletic club conducting an athletic meeting at which bookmaking is permitted by the Minister shall not permit or suffer any person other than-

(a) A licensed off the course bookmaker; or (b) The holder of a subsisting permit in writing from a racing

club or coursing club authorising him to carry on the business of or act as a bookmaker on a racecourse or, as the case may be, coursing ground,

to carry on the business of or act as a bookmaker at that athletic meeting.

334 GAMING Vol. 6

( 6) A person shall not, in the course of carrying on the business of or acting as a bookmaker at an athletic meeting make a bet on any event or contingency other than an event to be aecided at that athletic meeting.

77. Duties of clubs with respect to illegal bookmaking. ( 1) A racing club, coursing club, or athletic club shall not at any time permit or suffer a person to carryon the business of or act as a bookmaker contrary in any respect to a provision of this Act on (or on any part of) a racecourse, coursing ground, or, as the case may be, athletic ground then under the control of that club.

In particular, but without limit to the generality of the foregoing provisions of this subsection a racing club or a coursing club shall not grant permission to a person to carryon the business of or act as a bookmaker on (or on any part of) a racecourse or coursing ground under the control of that club unless that person shall have previously paid the amount of bookmaker's permit tax payable by him under this Act in respect of that permission.

(2) For the purposes of this section and without prejudice to any other means of proving that element of any alleged offence against this section, proof that a racing club or coursing club or athletic club on any day conducted on a racecourse or coursing ground or athletic ground a race meeting, coursing meeting, or, as the case may be, an athletic meeting shall be conclusive proof that that racecourse, coursing ground, or, as the case may be, athletic ground was at all times throughout that day under the control of that club.

78. When bookmaker to produce receipt for taxes. A person shall on demand made to him, while carrying on the business of or acting as a bookmaker, or attempting or proposing so to do, on (or on any part of) a racecourse, or coursing ground, or athletic ground, by an official of the racing club, coursing club, or, as the case may be, athletic club then and there conducting or about to conduct a meeting, or by any member of the Police Force or officer, produce to that official, member or officer the official receipt for all taxes imposed upon him by this Act and previously payable by him and allow that official, member or officer to inspect that receipt.

Bookmaker's permit tax is imposed under s. 73. As to Bookmaker's Turnover Tax, see ss. 95A et seq. Bookmakers are required to issue only duty stamped betting tickets, s. 97.

DIVISION n-0FF THE COURSE BETTING

79. Limitation of licenses under this Division. (1) A license shall not be granted under this Division II of this Part in respect of any place, locality or premises situated wholly or partly-

(a) within a radius of thirty miles from the General Post Office at Brisbane; or

(b) within a radius of fifteen miles from the post office or, if more than one, principal post office at any city or town specified by the Governor in Council in an Order in Council made under subsection (3) of this section.

RACING AND BEITING ACTS, 1954 TO 1963 ss.76·80 335

(2) A license under this Division of this Part which purports to be granted in respect of a place, locality or premises situated wholly or partly within a radius of thirty miles from the General Post Office at Brisbane, or within a radius of fifteen miles from the post office or, if more than one, principal post office at any city or town specified in an Order in Council made under subsection (3) of this section, shall be absolutely void and of no legal effect whatsoever.

(3) Where the Governor in Council is satisfied that race meetings are usually conducted weekly at or in the vicinity of any city or town, he may by Order in Council prescribe that a license under this Division of this Part shall not be granted in respect of any place, locality or premises situated wholly or partly within a radius of fifteen miles from the post office or, if more than one, principal post office at such city or town.

(4) (a) In this subsection the term "Authority" means the Authority established and constituted, pursuant to section 71A of this Act, by the Governor in Council by Order in Council, under the name of "The Totalisator Administration Board of Queensland".

(b) The Minister may by notification published in the Gazette declare that sufficient facilities for betting off the course are provided in the district defined in the notification by the totalisator agency or totalisator agencies established by the Authority specified in the notification.

Such district may be defined by reference to radius from the post office or, if more than one, principal post office at any specified place, or in such other manner as is sufficient to identify it.

Upon and by virtue of the publication in the Gazette of a notification under this paragraph by the Minister any and every license under this Division of this Part granted prior to and in force at the date of such publication in respect of any place, locality or premises situated within the district defined in the notification shall cease to have any operation or effect whatsoever and shall be deemed to have been cancelled.

(c) The Commissioner of Stamp Duties shall not grant a license under this Division of this Part in respect of any place, locality or premises within any district defined in a notification under paragraph (b) of this subsection whilst the notification remains unrevoked by the Minister.

Substituted by Act of 1961, 10 Eliz. 2 No. 54, s. 20, and as amended by A.ct of 1962, No. 40, s. 9.

The substitution made by the Act of 1961 came into operation on 1 March 1962, see ibid., s. 2, post.

80. Licenses under this Division II. ( 1) Subject to section seventy-nine of this Act licenses may be granted under this Division of this Part of the following descriptions, namely:-

(a) An off the course bookmaker's license; (b) An off the course bookmaker's agent's license; (c) An off the course bookmaker's clerk's license.

(2) The nomination of a person to receive an off the course bookmaker's license shall state (and describe so as to sufficiently identify) the premises in respect of which the license is sought.

(3) Subject to section eighty-three of this Act, the principal club shall determine the suitability of applicants for licenses of any description.

336 GAMING Vol. 6

( 4) An off the course bookmaker's license while in force shall authorise the licensee to carryon the business of or act as a bookmaker-

(a) subject to and in compliance in every respect with the applicable provisions of this Act, in the premises in respect of which that licensee is licensed; or

(b) subject to and in compliance in every respect with the applicable provisions of this Act and of the Rules of Racing or, as the case may be, Rules of Trotting Racing (save any provision of such Rules which requires him to hold any license, permit, or authority other than an off the course bookmaker's license), on any racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which his licensed premises are situated:

Provided that a licensed off the course bookmaker's license shall not authorise the licensee to carryon the business of or act as a bookmaker on a racecourse situated wholly or partIy-


(b) within a radius of fifteen miles from the post office, or, if more than one, principal post office at any city or town specified by the Governor in Council in an Order in Council made under subsection (3) of section seventy-nine of this Act.

Provided further that the authority prescribed by paragraph (b) of this subsection to be conferred upon the licensee by an off the course bookmaker's license shall not exempt such licensee-

(a) from liability to pay any fee or other sum of money, other than bookmaker's permit tax, payable in respect. of any license, permit or authority other than an off the course bookmaker's license which, except for the provisions of paragraph (b) of this subsection, he would be required to hold in order to authorise him to carryon the business of or act as a bookmaker on the racecourse mentioned in the said paragraph (b) in question; or

(b) from the obligation to comply in every respect with such of the provisions of this Act and (save as respects the holding of a license, permit or authority other than an off the course bookmaker's license) of the Rules of Racing or, as the case may be, the Rules of Trotting Racing as apply in respect of the carrying on the business of or acting as a bookmaker by any person on the racecourse mentioned in the said paragraph (b) in question.

Except as prescribed by this subsection, an off the course bookmaker's license shall not authorise the holder to carryon the business of or act as a bookmaker.

(5) An off the course bookmaker's agent's license or an off the course bookmaker's clerk's license while in force shall permit the employment of the licensee as an agent, or according to the description of license, clerk in connection with the business of the licensed off the course bookmaker named in that license.

Substituted by Act of 1961, 10 Eliz. 2 No. 54, s. 20, and as amended bv Act of 1962, No. 40, s. 10.


The substitution made by the Act of 1961 came into operation on 1 March 1962, see ibid., s. 2, post.

For the fees payable for these licenses, see s. 82c. General provisions relating to the carrying on of the business of off the course

bookmaking are contained in ss. 96 et seq.

81. Issue of licenses under this Division. ( 1) The Commissioner of Stamp Duties may issue licenses under, subject to and in accordance with this Division of this Part.

(2) A license of any description under this Division of this Part shall not be issued by the Commissioner of Stamp Duties except to a person who has been duly nominated by a principal club to receive such license.

(3) An off the course bookmaker's agent's license or off the course bookmaker's clerk's license shall not be issued by the Commissioner of Stamp Duties unless the nomination is accompanied by a request in writing to issue such license made by the licensed off the course bookmaker (or person entitled upon due nomination to receive an off the course bookmaker's license and so nominated) whose agent or clerk the nominee is to be.

Substituted by Act of 1961, 10 Eliz. 2 No. 54, s. 20. The substitution made by the Act of 1961 came into operation on 1 March

1962, see ibid., s. 2, post. For license fees, see s. 82c. Apart from the circumstances therein specified, a license may not be transferred,

s. 86. For cancellation or suspension of licenses, see s. 88.

82. Off the course bookmaker's license. (1) A principal club may, so far as relates to localities and places within its area of jurisdiction, nominate persons to receive off the course bookmaker's licenses.

(2) A principal club shall determine the places or localities within its area of jurisdiction in respect whereof off the course bookmakers' licenses shall be granted and the number of licenses to be granted in respect of each and every such place or locality.

The principal club shall notify its intention to make a determination under this subsection by advertisement published in a newspaper circulating in the place or locality in relation to which it proposes to make the determination, describing in the advertisement such place or locality so as to sufficiently identify it and stating the number of licenses to be granted pursuant to the determination.

(3) With respect to off the course bookmaker's licenses in respect of any place or locality within the area of its jurisdiction-

(a) the principal club shall nominate to receive those licenses in priority to all other applicants, those applicants, if any, therefor-

(i) who held on the first day of August, one thousand nine hundred and sixty-one, licen~es as bookmakers taken out from or under the authority of such principal club nursuant to the Rules of Racing or taken out from or under the authority of racing clubs conducting race meetin~s for trotting horses on racecourses situated in the place or locality in question; and

338 GAMING Vol. 6

(ii) who respectively, at all times whilst the holder of such license, carried on the business of or acted as a bookmaker at race meetings for galloping horses or, as the case may be, trotting horses, lawfully held on the racecourse situated in or nearest the place or locality in question to the saLsfaction of the racing club concerned;

(b) where the number of applicants entitled to the priority prescribed by this subsection exceeds the number of licenses to be issued, such priority shall as between them be decided by the principal club by ballot;

(c) where the total number of applicants exceeds the number of licenses to be issued, then, subject to priority of nomination as prescribed by this section, the remaining nominations, if any, shall be decided by the principal club by ballot;

(d) before nominating to receive a license in respect of any place or locality a person who is not entitled to the priority specified by this subsection, the principal club shall give public notice of its intention to nominate persons to receive off the course bookmaker's licenses in respect of such place or locality by advertisement published in a newspaper circulating in such place or locality, which advertisement shall if prescribed, be published as prescribed both as respects time or times of publication and the information to be conveyed thereby.

Every applicant shall be entitled to be present at any ballot under this subsection to which he is a party, and a principal club shall not hold any ballot under this section unless it has given to every applicant who will be a party thereto not less than seven days' notice in writing of the time and place when and where the ballot will be held.

( 4) The provisions of subsection (3) of this section apply subject to section eighty-three of this Act, and to the power of the principal club to determine the suitability of an applicant for a license.

(5) In applying subparagraph (ii) of paragraph (a) of subsection (3) of this section for the purpose of determining whether or not any applicant for nomination to receive an off the course bookmaker's license is entitled to the priority specified by that paragraph (a), the principal club shall not take into account any racecourse situated wholly or partly-


(b) within a radius of fifteen miles from the post office or, if more than one, principal post office at any city or town specified by the Governor in Council in an Order in Council made under subsection (3) of section seventy-nine of this Act.

Substituted by Act of 1961. 10 Eliz. 2 No. 54, s. 21. The substitution made by the Act of 1961 came into operation on 1 March

1962, see ibid., s. 2, post. For off the course bookmaker's license fee, see s. 82c. Section 83 deals with disqualifications from holding or obtaining licenses. The Commissioner of Stamp Duties may inquire into nominations, s. 82D. Section 84 specifies a number of premises in respect of which an off the

course bookmaker's license may not be issued. For offences by licensed off the course bookmakers, see s. 87. A licensed off the course bookmaker may exclude from his premises certain

persons, s. 92 (2).

RACING AND BETIING ACTS, 1954 TO 1963 ss.82-82C 339

82A. Issue of off the course bookmaker's agent's license. ( 1) Where by reason of scarcity of population and such other considerations as it deems relevant, a principal club is not prepared to recommend the issue of an off the course bookmaker's license in respect of any place or locality within its area of jurisdiction but nevertheless is of opinion that it is desirable to provide a means whereby the people in such area may bet, such principal club may nominate a person to receive an off the course bookmaker's agent's license.

More than one such nomination may be made in respect of any place or locality.

(2) Such nomination shall state the licensed off the course bookmaker whose agent the nominee is to be and shall be accompanied by a request in writing from such bookmaker for the issue of the license to such person as his nominee.

(3) The provisions of subsection (1) of this section apply subject to section eighty-three of this Act.

Inserted by Act of 1961, 10 Eliz. 2 No. 54, s. 21. This section came into operation on 1 March 1962, see Act of 1961, s. 2, post. For off the course bookmaker's agent's license fee, see s. 82c. Section 83 deals with disqualifications from holding or obtaining licenses. The Commissioner of Stamp Duties may inquire into nominations, s. 820. Only a licensed agent may be employed by an off the course bookmaker,

s. 87 (a).

82B. Issue of off the course bookmaker's clerk's license. ( 1) A nomination of a person to receive an off the course bookmaker's clerk's license may be made by a principal club at the request in writing of a licensed off the course bookmaker whose license was issued upon the nomination of such principal club or of a person duly nominated by such principal club to receive an off the course bookmaker's license and shall, in every case, be accompanied by such request.

(2) The provisions of subsection (1) of this section apply subject to section eighty-three of this Act.

post.

Inserted by Act of 1961, 10 Eliz. 2 No. 54, s. 21. This section came into operation on 1 March 1962. See Act of 1961, s. 2,

For off the course bookmaker's clerk's license fee, see s. 82c. Section 83 deals with disqualifications from holding or obtaining licenses. The Commissioner of Stamp Duties may inquire into nominations, s. 820. Only a licensed clerk may be employed by an off the course bookmaker,

s. 87 (a).

82c. Fees for licenses. ( 1) Fees shall be charged and paid annually for licenses under this Division of this Part as follows:-

(a) For an off the course bookmaker's license-ten pounds; (b) For an off the course bookmaker's agent's license-two

pounds; (c) For an off the course bookmaker's clerk's license-two

pounds: Provided that in respect of a license of any description issued in

the financial year begun on the first day of July, one thousand nine hundred and sixty-one, the annual fee for that financial year shall be one-third of the amount prescribed by this subsection.

340 GAMING VoL 6

(2) The first payment of the annual fee prescribed by this section for a license under this Division of this Part shall be for the financial year in which that license is issued and shall accompany the nomination to receive that license.

The second and subsequent such payments shall be respectively for the financial year commencing on the first day of July next succeeding the date of the issue of the license in question and every financial year thereafter during which (or any part of which) that license remains in force.

(3) Every licensee shall, on or before the fifteenth day of July in a financial year (excepting the financial year in which his license shall have been issued) make to the Commissioner of Stamp Duties payment for that financial year of the prescribed annual fee for his license.

( 4) The cancellation, suspension or surrender of a license shall not entitle the licensee to any refund or remission of the whole or a part of the annual fee for the license in question paid or payable for the financial year in which it is cancelled, suspended or surrendered.

Inserted by Act of 1961, lO Eliz. 2 No. 54, s. 21. This section came into operation on 1 March 1962. See Act of 1961, s. 2, post.

82D. Commissioner of Stamp Duties may inquire into nomination. ( 1) The Commissioner of Stamp Duties may cause to be made such inquiries as he thinks fit for the purpose of ascertaining whether any nominee for a license of any description under this Division of this Part is a fit and proper person to be licensed according to the nomination or not and, in the case of nomination for an off the course bookmaker's license, whether the premises to which the nomination relates are suitable for use as licensed betting premises or not, and, without limiting the foregoing provisions of this section the said Commissioner may require the principal club concerned to furnish to him all such further information and particulars as he deems relevant to the purpose of the inquiry under this subsection.

(2) The Commissioner of Stamp Duties may refuse to grant to any nominee a license without giving any reason for that refusal but, if satisfied that the nominee is not in any respect disqualified from obtaining or holding the license to which the nomination relates and is otherwise a fit and proper person to be licensed according to the nomination and, in the case of a nomination for an off the course bookmaker's license that the premises in respect whereof the nomination has been made are suitable for use as licensed betting premises, the said Commissioner may issue to the nominee a license according to the nomination.


post. As to nominations, see ss. 82, 82A, 82B.

83. Disqualifications from obtaining or holding license. (1) A license under this Division of this Part shall not be obtained or held by any of the following persons, namely:-

(a) A person under the age of twenty-one years or, except an off the course bookmaker's clerk's license, a female person;

(b) A corporation;

RACING AND BETIING ACTS, 1954 TO 1963 ss.82C-84 341

(c) A member of the Parliament of the Commonwealth or of any State, including Queensland;

(d) A person holding office or employment under the Government of this State, or of any other State of the Commonwealth, or of the Commonwealth, including but without limit to the generality of the foregoing part of this paragraph (d), a member of the Police Force or a bailiff;

(e) A brewer or distiller; (f) A licensed victualler, a wine seller or a spirit merchant under

and within the meaning of "The Liquor Acts, 1912 to 1952"; (g) A mentally sick person; (h) A person becoming bankrupt, or presenting a bankruptcy

petition against himself, or entering into any composition, or scheme of arrangement, or deed of assignment without sequestration, or deed of arrangement under Parts XI or XII of the Bankruptcy Act, 1924-1950 of the Commonwealth (including any Act or law in amendment thereof or substitution therefor), or otherwise taking advantage of the laws in force for the time being relating to bankruptcy;

(i) A person convicted upon indictment for an offence for which he is liable to be punished by imprisonment for a term of one year or longer;

(j) A person actually undergoing a sentence for an offence in respect of which imprisonment for a period exceeding one month has been imposed without the option of a fine;

(k) The spouse of a person specified in paragraph (c) or (d) or (e) or (f) of this subsection.

(2) A person shall not obtain or hold at the one time more licenses than one under this Division II of this Part, whether of the same or different descriptions.

(3) One and the same off the course bookmaker's license shall not be obtained or held in respect of more licensed betting premises than one.

( 4) More off the course bookmaker's licenses than one shall not be obtained or held in respect of the one premises.

(5) Two or more persons shall not obtain or hold the one off the course bookmaker's license or off the course bookmaker's agent's license.

(6) (Repealed. ) As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 22; Act 1962, No. 40, 8. 11. Acts referred to:

Liquor Acts, 1912 to 1961, title LIQUOR. Bankruptcy Act 1924-1960 (Commonweal th).

The law relating to mentally sick people is now contained in the Mental Health Acts, 1962 to 1964, title MENTAL HEALTH.

84. Premises which are not to be licensed as betting premises. ( 1) An off the course bookmaker's license shall not be issued or held in respect of any of the following premises, namely:-

(a) Any licemed victualler's premises under and within the meaning of "The Liquor Acts, 1912 to 1961";

342 GAMING Vol. 6

(b) Any premises situated within a distance of one hundred yards from any entrance to a bar on any licensed victualler's premises under and within the meaning of "'The Liquor Acts, 1912 to 1961," unless the Commissioner of Stamp Duties is satisfied that there are no suitable premises without such distance in the place or locality in question;

(c) Premises which are used for any residential purpose; or

(d) Any premises, in the opinion of the Commissioner of Stamp Duties, in the immediate vicinity of any place of public worship.

(2) In applying this section and subsection (4) of section eightythree of this Act in respect of a building which comprises two or more units designed respectively for occupation separately, everyone of those units may be deemed by the Commissioner of Stamp Duties to be premises.

Substituted by Act of 1961, 10 Eliz. 2 No. 54, s. 23. Act referred to:

Liquor Acts, 1912 to 1961, title LIQUOR. For off the course bookmaker's licenses, see s. 82.

85. Temporary betting premises. ( 1) If any licensed betting premises are by fire, tempest, or other calamity, or through alterations, renovations, repairs, demolition for rebuilding, or other like cause rendered unfit for use as such, the Commissioner of Stamp Duties may, upon application by the licensee, permit him to carry on his business as an off the course bookmaker, subject to this Act, temporarily for such period as the Commissioner of Stamp Duties may determine, in some other premises in the same locality approved by the Commissioner of Stamp Duties and specified in the permit.

(2) The period of temporary use of such other premises shall be specified in the permit, and the Commissioner of Stamp Duties may by endorsement on the permit extend that period from time to time.

(3) The Commissioner of Stamp Duties may grant such permit or any extension of the period thereof subject to such terms and conditions as he deems fit.

(4) Notification of such permission and of every extension, if any, of the period thereof shall be published in the Gazette.

(5 ) Upon such notification and during the period and extended period, if any, during which the permit remains in force, the premises permitted to be used temporarily by the off the course bookmaker shall (instead of the premises specified in his license) be deemed to be the licensed betting premises in respect of which that off the course bookmaker is licensed as such under this Act.

(6) A licensed off the course bookmaker to whom a permit is granted under this section shall not fail to comply with any term or condition subject to which that permit or any extension thereof is granted.

(7) If at any time the Commissioner of Stamp Duties is satisfied that a permit granted under this section is no longer necessary, or that a breach of the provisions of sub~ection six of this section has occurred with respect to such a permit, the Commissioner of Stamp Duties may

RACING AND BETTING ACTS, 1954 TO 1963 ss.84·87 343

cancel such permit, and in such lastmentioned case such cancellation shall be in addition to any penalty or punishment to which the licensed off the course bookmaker concerned is liable for such breach.


86. (1) Transfer, etc., of license prohibited. Subject to subsection two of this section, a license under this Division of this Part shall not be capable of being transmitted, transferred, assigned or otherwise assured by act of law or of the licensee or of any other person whomsoever.

(2) (a) Where the Commissioner of Stamp Duties is satisfied that a licensed off the course bookmaker is temporarily unable, owing to illness or other unavoidable cause, to carryon his business as such, the Commissioner of Stamp Duties may, upon application by or on behalf of the licensee, permit some person approved by the Commissioner of Stamp Duties to act in his stead for such period as the Commissioner of Stamp Duties may specify therein, and that permit shall authorise that person, during the period so specified, to carryon, in the licensed betting premises in respect of which the licensed off the course bookmaker is licensed, the business, on his behalf, of that bookmaker as if that person were the licensee but not otherwise.

(b) A person permitted under this subsection to act in the stead of a licensed off the course bookmaker shall, while so permitted, be subject to the same liability in all respects as if he were the licensed off the course bookmaker and the provisions of this Act shall apply accordingly, and the licensed off the course bookmaker shall be responsible for all the acts and omissions of that person acting, or purporting to act, on his behalf:

Provided that nothing herein contained shall be pleaded by the person permitted so to act as a defence in any proceedings instituted against him for an offence against this Act.

(c) Every permit granted under this subsection shall for the purposes of this Act other than the provisions of this subsection be deemed to be an off the course bookmaker's license.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 25. Licensees must safeguard their licenses, s. 89. It is an offence unlawfully to possess or deal with licenses, s. 90.

87. Offences by licensed off the course bookmaker. (1) A licensed off the course bookmaker shall not-

(a) Employ in connection with his business as such a person who does not hold an off the course bookmaker's agent's license or an off the course bookmaker's clerk's license issued in relation to that licensed off the course bookmaker; or

(b) Have installed in his licensed betting premises a telephone which extends to some place outside his licensed betting premises; or

(c) Employ or offer to employ a person to make, or permit or suffer a person to make, on his behalf any bet at any place where the making of that bet is unlawful; or

344 GAMING Vel. 6

(d) Payor give to a person (save a person who in relation to him is licensed as an olf the course bookmaker's agent) any payment, fee, commission, reward, remuneration or valuable consideration whatsoever in consideration of that person making bets on behalf of any other person or persons in his licensed betting premises; or

(e) Be in his licensed betting premises or permit or suffer any other person whomsoever to be in his licensed betting premises at any time on a Sunday or Christmas Day or Good Friday or Anzac Day; or

(ei) Suffer in his licensed betting premises or permit or suffer any other person whomsoever to be in his licensed betting premises at any time when a race meeting is being lawfully held at a racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which such premises are situated; or

(f) Permit or suffer a person under, or apparently under, the age of twenty-one years to be in his licensed betting premises; or

(g) Carry on or permit or suffer to be carried on in his licensed betting premises any business other than the business of a bookmaker carried on by him therein or display or permit or suffer to be displayed any goods in his licensed betting premises; or

(h) Make or permit or suffer to be made in his licensed betting premises a bet on any event or contingency save a horse race to be decided at a race meeting which is lawful according to the law in force when and where that meeting is to be held; or

(i) Permit or suffer any seat or any article upon which persons may seat themselves to be in any portion of his licensed betting premises to which the public has access; or

(j) Permit or suffer any game, pastime, or vocation (save betting not contravening the provisions of this Division or of Division IV of this Part) to be carried on in his licensed betting premises; or

(k) Have or drink or permit or suffer any other person to have or drink in his licensed betting premises any liquor as defined by "The Liquor Acts, 1912 to 1952," or

(1) Bet with a person under the influence of liquor or of a drug or permit or suffer such a person to be in his licensed betting premises.

(2) For the purposes of paragraph (ei) of subsection (1) of this section, the time during which a race meeting is being held shall be deemed to be a continuous period of time commencing one hour and thirty minutes prior to the official starting time of the first race and ending at thirty minutes after five o'clock in the afternoon of the day in question.


Liquor Acts, 1912 to 1961, title LIQUOR.

RACING AND BETTING ACTS, 1954 TO 1963 ss. 87, 88 345

As to licenses for off the course bookmakers' agents and clerks, see ss. 82A, 828.

As to power of entry and search of licensed premises where there are reasonable grounds for sllspecting that an offence has been committed, is being committed or is abollt to be committed, see s. 94 (2).

For the purposes of this Act, postal or telephone bets are deemed to be made on the premises, s. 95.

88. Cancellation and suspension of licenses. ( 1) The Commissioner of Stamp Duties may, with the prior consent in writing of the Minister, cancel any license under this Division of this Part if at any time-

(a) The Commissioner of Stamp Duties is of the opinion that the licensee has committed an offence against this Act (including the rules); or

(b) The Commissioner of Stamp Duties is of the opinion that the licensee has been guilty of misconduct of such a nature that he should not be permitted to continue to hold the license; or

(c) In the case of an off the course bookmaker's license and without affecting the aforegoing provisions, the licensee

(i) Defaults in payment of any bet; or (ii ) Upon being thereunto required by the Commissioner of

Stamp Duties, fails to satisfy the Commissioner of Stamp Duties that he has the financial resources deemed by the Commissioner of Stamp Duties to be required by him having regard to the manner in which he carries on the business of a bookmaker; or

(d) The licensee fails to make due payment of the annual fee for any year payable by him in respect of that license; or

(e) The licensee is not carrying on the business, or, according to the kind of license, engaged in the occupation, authorised by the license; or

(f) The licensee fails to make due payment of any amount of bookmaker's turnover tax payable by him.

(2) The Commissioner of Stamp Duties may, under this section, cancel any license without notice of intention so to do or he may, by notice in writing, require the licensee to show, within the period stated in the notice, cause why the license should not be cancelled.

(3) The Commissioner of Stamp Duties may, by any notice specified in subsection two of this section, suspend the license of the licensee in question.

That suspension shall, unless sooner determined by the Commissioner of Stamp Duties, have and remain in force until the Commissioner of Stamp Duties shall have finally disposed of the matter of whether or not he will cancel the license in question.

That suspension shall, while it remains in force, have the same effect as a cancellation of the license.

The fact and force of suspension as aforesaid shall be stated in the notice in question.

(4) Upon the expiration of the period stated in a notice under subsection two of this section, or of such longer period as may be allowed by the Commissioner of Stamp Duties, if the licensee has not shown cause

346 GAMING Vol. 6

in answer to the notice, or the cause shown by him in answer thereto is not in all respects satisfactory to the Commissioner of Stamp Duties, the Commissioner of Stamp Duties may cancel his license.

(5) The Commissioner of Stamp Duties may, pursuant to this section, cancel a license notwithstanding that the licensee has not been proceeded against for the offence which, in the opinion of the Commissioner of Stamp Duties, he committed.

(6) The Commissioner of Stamp Duties shall cancel or suspend any license under this Division of this Part if thereunto requested by the principal club which nominated the licensee.

Any such suspension shall while it remains in force have the same effect as a cancellation of the license.

Any such suspension may be for a specified time or without limit of time, but the Commissioner of Stamp Duties shall not terminate any such suspension unless requested to do so by the principal club concerned.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 27. As to bookmaker's turnover tax, see ss. 95A et seq. As to nomination of licensees, see ss. 82, 82A, 82B. On cancellation or suspension. the license must be surrendered forthwith, s. 89.

89. Licensee to safeguard his license. A licensee shalI-(a) Not allow any other person whomsoever to use or (except a

member of the Police Force, or an officer, or the Commissioner of Stamp Duties or a person authorised by the Commissioner of Stamp Duties) to take or retain possession of his license;

(b) If his license is lost, stolen, mislaid, destroyed, or for any reason whatsoever passes out of his possession, forthwith give to the Commissioner of Stamp Duties notice in writing of that fact; and

(c) If his license is cancelled or suspended by the Commissioner of Stamp Duties, forthwith surrender it to the Commissioner of Stamp Duties.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 28. As to cancellation and suspension of licenses, see s. 88. As to the offence of unlawfully possessing or dealing with a license, see s. 90. On payment of a fee, a duplicate license may be issued for one which has

been lost, stolen, destroyed or mislaid, s. 91.

90. Unlawful dealing with license. A person other than the licensee named therein shall not have or retain in his possession or use or attempt to use a license under this Division II of this Part:

Provided that a person shall not be convicted for an offence against this section if the adjudicating court is satisfied that the license in question, having been lost or mislaid by the licensee named therein was found by him, and that he had no reasonable opportunity to either return it to that licensee or deliver it to the Commissioner of Stamp Duties, and that he neither used nor attempted to use it for any purpose whatsoever.



91. Duplicate for license lost, etc. (1) The Commissioner of Stamp Duties may, upon application accompanied by the prescribed fee (which unless and until otherwise prescribed by the regulations shall be an amount of one pound), issue a duplicate license to any licensee who satisfies the Commissioner of Stamp Duties that the original license has been lost, stolen, mislaid, or destroyed.

An application as aforesaid shall state the grounds thereof and be verified by statutory declaration.

The Commissioner of Stamp Duties may require all such further information and particulars in respect of such an application as he deems necessary to satisfy himself as aforesaid.

(2) The Commissioner of Stamp Duties may issue a fresh document comprising a license under this Division II of this Part in any case where the existing such document is altered, defaced, mutilated, damaged, or partly destroyed.

Such a document shall not be issued save where the existing such document is delivered up to the Commissioner of Stamp Duties, and the Commissioner of Stamp Duties shall keep and retain in his records any document as aforesaid in place whereof he has issued such a fresh document.

Any such fresh document shall duplicate the document in place whereof it is issued.

Before issuing such a fresh document the Commissioner of Stamp Duties shall require the licensee in question to pay the prescribed fee which, unless and until otherwise prescribed by the regulations, shall be an amount of one pound.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 30. A licensee must forthwith give notice if his license is lost, stolen, destroyed,

etc., s. 89.

92. Regulation of the admission of persons to licensed betting premises. (1) Without prejudice to the authority of the Commissioner of Stamp Duties to supervise and control licensed betting premises any member of the Police Force of the rank of sub-inspector of police or higher rank, or who is thereunto authorised by another member of the rank of sub-inspector of police or higher rank, may at any time regulate the number of persons to be admitted to any licensed betting premises and may, whenever he thinks it necessary or advisable, order any licensed betting premises to be cleared and limit the number of persons to be admitted thereafter thereto.

(2) Licensed off the course bookmaker may exclude certain persons from his premises. (a) A licensed off the course bookmaker may refuse to admit into or may turn out of his licensed betting premises any person who is drunken, violent, or disorderly, or any person whose presence on those premises would subject him to a penalty or punishment under this Act.

(b) A member of the Police Force, on the demand of any licensed off the course bookmaker is hereby required to expel or assist in expelling every such person as lastmentioned or who is drunken, violent, or disorderly, from such premises, and may use such force as may be required in so doing.

348 GAMING VoL 6

Any such person who refuses to quit licensed betting premises or resists removal therefrom shall be guilty of an offence against this Act and liable to a penalty of not exceeding ten pounds, in addition to any penalty to which he may be liable for his conduct under any other Act.

(3) For the purposes of section eighty-one of "The Liquor Acts, 1912 to 1952" (including every enactment in amendment of or in substitution for that section), every licensed betting premises shall be a public place.


Liquor Acts, 1912 to 1961, title LIQUOR.

93. (1) Only prescribed instruments of gaming allowed in licensed betting premises. No person shall bring or use or assist in bringing or using or have in his possession in any licensed betting premises any instruments of gaming other than such instruments of betting as may be exempted by the rules from the operation of this subsection.

(2) Licensed off the course bookmaker not to call odds, etc. No licensed off the course bookmaker shall in his licensed betting premises-

(i) Display or cause or permit or suffer to be displayed any instrument of gaming within the view of persons outside of those licensed betting premises; or

(ii) Call or cause or permit or suffer to be called any odds on any event.

(3) In this section the term "instrument of gaming" means instru~ ment of gaming within the meaning of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949."

Act referred to: Vagrants, Gaming, and Other Offences Acts, 1931 to 1964, title

VAGRANTS.

94. Power of entry and search. ( 1) The Commissioner of Stamp Duties, any officer authorised in that behalf by him, or any member of the Police Force shall be entitled to enter, without force, any part of any licensed betting premises at any time, whether by day or by night.

(2) If a member of the Police Force of the rank of sub-inspector of police or higher rank (or who is acting under the authority of another such member of the rank of sub-inspector of police or higher rank) is of the opinion that there are reasonable grounds for suspecting that any licensed off the course bookmaker has committed, or is committing, or is about to commit, an offence against this Act, he may, without warrant or other authority than this subsection-

(i) At any time whether by day or by night and with such assistants as he deems necessary, enter and search any part of the licensed betting premises wherein that bookmaker is licensed to carryon business as such, and use such force as may reasonably be necessary for that purpose;

(ii) Break open and search any cupboards, drawers, chests, trunks, boxes, bags, parcels, packages, or other things whether fixtures or not; and

RACING AND BETIING ACTS, 1954 TO 1963 55. 92-95A 349

(iii) Seize and retain, or make copies of, or take extracts from, any books, papers, tickets, vouchers, or other documents found in those licensed betting premises, which, in the opinion of the member of the Police Force, tend to show that an offence against this Act has been, or is being, or is about to be, committed by that bookmaker or any other person.

(3) Any officer who is authorised by the Commissioner of Stamp Duties in that behalf may accompany a member of the Police Force who enters any licensed betting premises pursuant to subsection two of this section, and may take possession of, or make copies of or take extracts from, any books, papers, tickets, vouchers, or other documents found in those premises which, in the opinion of the officer, tend to show that an offence against this Act has been, or is being, or is about to be, committed by the licensee of those premises or any other person.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 32. As to offences by off the course bookmakers, see s. 87.

95. Bets made by telephone, etc., with licensed off the course bookmaker. For the purposes of this Act and unless otherwise prescribed, any bet made by post, or by telephone, or by other indirect communication with a licensed off the course bookmaker at his licensed betting premises shall be deemed to be made in those premises.

DIVISION III-BOOKMAKER'S TURNOVER TAX

95A. Rate of bookmaker's turnover tax. ( 1) There shall be charged, collected and paid to the use of Her Majesty in right of this State by every bookmaker a tax on every bet made by or on behalf of such bookmaker, which tax shall be known as bookmaker's turnover tax, and which tax shall be-

(a) in respect of bets made by or on behalf of any licensed off the course bookmaker as such on any day on which such bookmaker carries on the business of or acts as a bookmaker on a racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which the licensed off the course betting premises of such bookmaker are situated and of bets made by such bookmaker in the course of carrying on the business of or acting as a bookmaker on such racecourse on that day--one and one-half per centum of the aggregate of the amounts wagered in all such bets by the persons with whom such bets were made by or on behalf of the bookmaker;

(b) in respect of bets (other than bets to which paragraph (a) of this subsection applies) lawfully made by a bookmaker in the course of carrying on the business of or acting as a bookmaker on a racecourse-one and one-half per centum of the aggregate of the amounts wagered in all such bets by the persons with whom the bookmaker made such bets;

(c) in respect of bets (other than bets to which paragraph (a) or (b) of this subsection applies) made by or on behalf of a licensed off the course bookmaker-two and one-half per

350 GAMING Vol. 6

centum of the aggregate of the amounts wagered in all such bets by the persons with whom such bets were made by or on behalf of the bookmaker;

(d) in respect of bets lawfuily made by a bookmaker in the course of carrying on the business of or acting as a bookmaker on a coursing ground-one and one-half per centum of the aggregate of the amounts wagered in all such bets by the persons with whom the bookmaker made such bets.

(2) The amount of the bookmaker's turnover tax payable under this Act in respect of all bets made by a bookmaker during each and every week, beginning with the week commencing on the twenty-fifth day of February, one thousand nine hundred and sixty-two, shall be payable by such bookmaker to the Commissioner of Stamp Duties within seven days after the expiration of the week in question.

(3) Bookmaker's turnover tax shall be payable as prcscribed by this section on every bet whether the race in respcct of which the bet is made is held or to be held in this State or elsewhere.


post. For the application of the tax, see s. 95c.

95B. Recovery of bookmaker's turnover tax and offences with respect thereto. (1) The provisions of subsection (2) of section seven and section one hundred and twenty-seven of this Act shall apply with respect to bookmaker's turnover tax.

(2) In any action or proceeding in respect of bookmaker's turnover tax, a statement in writing signed by the Commissioner of Stamp Duties and stating that the person named therein is a bookmaker who has failed to pay the amount specified therein of bookmaker's turnover tax in respect of the week or weeks set out therein shall be evidence of those matters and, in the absence of evidence in rebuttal, shall be conclusive such evidence.

(3) If by reason of the failure of any bookmaker to make or keep any prescribed record or to make any prescribed return, or by reason that any such record or return is incomplete, false or misleading, the Commissioner of Stamp Duties is of opinion that the amount of bookmaker's turnover tax payable by such bookmaker in respect of any period cannot be correctly determined, the said Commissioner may fix such amount at such sum as he deems just.

In so doing the said Commissioner shall have regard to, but shall not be bound by, the average of the payments in respect of such tax made by the bookmaker concerned in respect of previous weekly periods.

For all purposes of this Act any sum fixed by the said Commissioner as prescribed by this subsection shall be deemed to be bookmaker's turnover tax payable for the period in respect of which such sum is fixed, and to be payable upon the date when payment thereof is demanded by the said Commissioner.

( 4) If any amount of bookmaker's turnover tax remains unpaid after the time when it becomes due and payable, penalty tax of five per centum of the amount thereof shall be due and payable thereon.

RACING AND BEITING ACTS, 1954 TO 1963 ss. 95A, 95B 351

The Commissioner of Stamp Duties may, in any case, for reasons which he thinks sufficient, remit the penalty tax or any part thereof.

Any amount of penalty tax shall be deemed to be bookmaker's turnover tax due and payable by the bookmaker concerned in respect of the period in relation to which it is due and payable.

(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 41 F 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 41 F 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 carryon 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 41 F includes a reference to any regulation amending or substituted for regulation 41 F.

(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 every such club accordingly.

(c) A racing club, coursing club or athletic club shall not permit or suffer a bookmaker to carryon 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.

352 GAMING Vol. 6

(d) A bookmaker shall not at any time during which a dire~tion under this subsection in relation to him is in force carryon the busmess of or a:t as a bookmaker on any racecourse, coursing ground or place whcre an athletic meeting is held.

A license, permit or other authority issued by a principal club ~r other club shall not authorise, justify or excuse a contravention of thiS paragraph, but th;! 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.

(0 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 carryon the business of or to act as a bookmaker on a coursing ground under its control to hold a license or other authority issued by a club or body or association of persons, such club or body or association of persons.

Inserted by Act of 1961, 10 Eliz. 2 No. 54, s. 33; as amended by Act of 1962, No. 40, s. 12, and Act of 1963, No. 32, s. 6.

This section came into operation on 1 March 1962. See Act of 1961, s. 2. post.

95c. Application of bookmaker's turnover tax. ( 1) Subject to subsection (2) of this section any and every amount of bookmaker's turnover tax paid to the Commissioner of Stamp Duties shall be paid by him into and form part of the Consolidated Revenue Fund.

(2) Twenty per centum of any and every amount of bookmaker's turnover tax paid to the Commissioner of Stamp Duties in respect of bets to which paragraph (c) of subsection (1) of section 9SA of this Act applies shall be paid into the Treasury to the credit of a special fund called "The Bookmaker's Turnover Tax Special Fund".

Twenty per centum of any and every amount of bookmaker's turnover tax paid to the Commissioner of Stamp Duties on or after the twenty-eighth day of September, one thousand nine hundred and sixty-two, in respect of bets to which paragraphs (a), (b) or (d) of subsection (1) of section 9SA of this Act apply, shall be paid into the Treasury to the credit of a special fund called "The Racing Clubs Turnover Tax Special Fund" and, as respects amounts of bookmaker's turnover tax to which this paragraph applies paid into the Treasury before the passing of "The Racing and Betting Acts and Another Act Amendment Act of 1962", the Treasurer may take such steps as he deems necessary to give effect to the requirements of this paragraph.

(3) The amount for the time being standing to the credit of the Bookmaker's Turnover Tax Special Fund shall be distributed, annually or at such lesser intervals as the Treasurer thinks fit, as prescribed by subsection (4) of this section.

RACING AND BETIING ACTS, 1954 TO 1963 ss. 95B, 95C 353

( 4) Any and every distribution of moneys. for the time being to the credit of the Bookmaker's Turnover Tax SpecIal Fund shall be made as follows:-

(a) Ten per centum of the moneys to be distributed shall be paid to the principal clubs and principal trotting clubs

(i) each principal club to receive a portion of eighty per centum of such amount; and

(ii) each principal trotting club to receive a portion of twenty per centum of such amount,

which bears to eighty per centum or, as the case may be, twenty per centum of the total thereof the same proportion as the number of licensed off the course bookmakers licensed in respect of licensed betting shops within the area of jurisdiction of the principal club or, as the case may be, principal trotting club bears to the total number of licensed off the course bookmakers in the State;

(b) Thc remainder of the amount to be distributed shall be payable for the benefit of-

(i) racing clubs which conduct meetings for galloping horses; and (ii) racing clubs which conduct meetings for trotting horses,

proportionately to the aggregates respectively of the prize moneys paid by all clubs described in subparagraph (i) of this paragraph (b) and by all clubs described in paragraph (ii) of this paragraph (b) during the year or lesser period in respect of which the distribution is made.

(5) Moneys payable pursuant to paragraph (b) of subsection (4) of this section may, at the discretion of the Treasurer, be paid-

(a) if payable for the benefit of racing clubs conducting meetings for the racing of galloping horses, to a committee of persons which, the Treasurer is satisfied, has been appointed by the principal clubs to receive such payment, or if there is no committee so appointed, to any committee of persons appointed by the Governor in Council to receive such payment; or

(b) if payable for the benefit of racing clubs conducting meetings for the racing of trotting horses, to a committee of persons which, the Treasurer is satisfied, has been appointed by the principal trotting club or clubs or, if there is no committee so appointed, to any committee of persons appointed by the Governor in Council to receive such payment.

The Governor in Council may, by Order in Council, appoint, for the purposes specified in such Order in Council of this section, such number of persons as are named in the Order in Council to be a committee.

(6) All moneys paid under subsection (5) of this section for the benefit of racing clubs conducting race meetings for the racing of galloping horses or, as the case may be, trotting horses shall be allotted by the committee of persons to which such moneys are paid among all racing clubs of the description in question in the State-

12

(a) as to one-half thereof, according to the aggregate of the prize money paid out by such clubs respectively during the year or lesser period in respect of which such money was distributed from the Bookmaker's Turnover Tax Special Fund; and

354 GAMING Vo).6

(b) as to one-half thereof, according to the numbers of race meetings conducted by such clubs respectively during such year or lesser period.

In calculating, for the purpose of this subsection and of paragraph (b) of subsection (4) of this section, the aggregate of the prize money paid out by any racing club during any year or lesser period all rebates made by such club in respect of race meetings conducted by it during such year or lesser period shall be taken into account as, and be deemed to be, prize money.

For the purposes of this subsection "rebates" means reimbursements to owners on account of starting horses in races at race meetings.

(7) With respect to all payments made from the Bookmaker's Turnover Tax Special Fund pursuant to subsection (5) of this section, and the allocation of moneys so paid by the payee pursuant to subsection (6) of this section, the books, accounts and records of the payee shall be subject to audit by the Auditor-General who, for the purposes of such audit, shall have and may exercise all the powers conferred upon him in relation to public accounts by "The Audit Acts, 1874 to 1960," (it being hereby declared that the provisions of such Acts shall, with and subject to any necessary modifications, apply and extend to the extent necessary to give operation and effect to this subsection) .

(8) The amount for the time being standing to the credit of the Racing Clubs Turnover Tax Special Fund shall be distributed, annually or at such lesser intervals as the Treasurer thinks fit, as prescribed by this subsection.

Every such annual or other periodical distribution shall be made to the racing clubs and coursing clubs which conducted the race meetings and coursing meetings in respect whereof the amount to be distributed was paid (being, in the case of such payment in respect of any bet off the course to which paragraph (a) of subsection (1) of section 95A of this Act applies the racing club which conducted the race meeting on the racecourse whereon the bookmaker who made the bet carried on the business of or acted as a bookmaker on the day on which he made the bet).

Each such racing or coursing club shall be paid so much of any and every amount distributed under this subsection as is attributable to race meetings or, as the case may be, coursing meetings conducted by it during the period in respect whereof such amount was paid into the Racing Clubs Turnover Tax Special Fund.

Inserted by Act of 1961, 10 Eliz. 2 No. 54, s. 33; as amended by Act of 1962, No. 40, s. 13.

Acts referred to: Racing and Betting Acts and Another Act Amendment Act of 1962, not

reprinted. Audit Acts, 1874 to 1963, title AUDIT, Vol. 1, p. 648.

This section came into operation on 1 March 1962. See Act of 1%1, s. 2, post.

The amending Act of 1962 was passed on 21 December 1962.

DIVISION IV-GENERAL

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 34. This amendment came into operation on 1 March 1962. See Act of 1961, s. 2,

post.

RACING AND BETTING ACTS, 1954 TO 1963 ss.95C-97 355

96. Stamp duty on betting tickets. ( 1) There shall be charged, collected and paid for the use of Her Majesty in right of this State stamp duty on every betting ticket issued by or on behalf of a bookmaker as follows:-

(a) Where the ticket is issued in the saddling paddock of any of the racecourses situated in the metropolitan Area which are used for the purpose of conducting race meetings for galloping horses, the amount of such stamp duty thereon shall be twopence;

(b) Where the ticket is issued elsewhere the amount of such stamp duty thereon shall be one penny.

(2) (a) The stamp duty chargeable pursuant to this Act on any and every betting ticket shall be denoted on that betting ticket by a stamp printed thereon by the Government Printer, or otherwise as prescribed.

(b) All betting tickets issued by every bookmaker shall be purchased from and sold by the Commissioner of Stamp Duties and, if prescribed, as prescribed.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 35; Act of 1962, No. 40, s. 14.

The amendments made by the Act of 1961 came into operation on 1 March 1962. See ibid., s. 2, post.

97. Bookmakers to issue duly stamped betting tickets. (1) Every bookmaker or licensed off the course bookmaker's agent shall, upon making a bet with any person, issue in respect of such bet a betting ticket bearing the prescribed stamp denoting the stamp duty chargeable pursuant to this Act on the betting ticket, and where the bet is made by post or by telephone or by other indirect communication, also bearing the name of the bettor.

(2) Every bookmaker or licensed off the course bookmaker's agent shall deliver any and every betting ticket issued by him in respect of a bet, other than a credit bet as defined in section ninety-eight of this Act.

(a) where the bet is made by post or telephone or by other indirect communication, to the member of the Police Force in charge of the Police Station nearest to the place where he made such bet before thirty minutes after five o'clock in the afternoon of the day on which the event or contingency in respect of which the bet is made is decided, or, if such event or contingency is decided at a later time of such day, before noon on the following day; or

(b) in any other case whatsoever, to the bettor forthwith. All betting tickets delivered to an officer in charge of a Police Station

pursuant to this subsection shall be held and dealt with as prescribed. (3) This section shall apply so as to require a bookmaker to issue

and deliver separately betting tickets in respect of each and every bet, other than a credit bet as defined in section ninety-eight of this Act.

( 4) Any bookmaker guilty of an offence against this section shall be liable to a penalty of not less than twenty-five pounds nor more than two hundred pounds.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 36, and Act of 1963, No. 32, s. 7.


356 GAMING Vol. 6

98. Credit bets. (1) In this section the term "credit bet" means a bet made on a racecourse, coursing ground, or athletic ground where the amount wagered by the bettor is not paid to the bookmaker when the bet is made.

(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.

(3) Any bookmaker guilty of an offence against this section shall be liable to a penalty of not less than twenty-five pounds nor more than two hundred pounds.

As amended by Act of 1963, No. 32, s. 8.

99. (1) Prohibition of betting on certain conditions. A bookmaker shall not make a bet in respect of a horse race or coursing event conditional on a contingency other than that of the horse or dog in respect of which the bet is made being declared the winner of the race or being declared a placed horse or dog in that race.

(2) Broadcasting and television receivers. A licensed off the course bookmaker shall not use or permit or suffer to be used in his licensed betting premises any broadcast receiver or television receiver within the meaning of the law of the Commonwealth relating to broadcasting and television in such manner that any broadcasting programme or television programme received thereby can be heard from without such premises or in any part thereof to which the public have access or, in the case of any television receiver, in such manner that any television programme received thereby can be seen from without such premises or in any part thereof to which the public have access.

(3) A licensed off the course bookmaker shall keep in his licensed betting premises a betting board in such manner that all information displayed thereon is capable of being read by persons resorting to such premises for the purpose of betting, but so that no information thereon can be seen or read from without such premises.

Such betting board, in respect of any day on which the premises in question are open for the making of bets therein, shall display, under headings showing the racecourses and the races thereon respectively on and in which the horses on which bets may be made in such premises, are to race, the names of such horses and the odds at which bets may be made upon them respectively.

(4) Nothing in this section shall prevent a licensed off the course bookmaker from making with any person, at the request of such person, a bet in respect of a horse race at a price to be determined, directly or indirectly, by the dividend paid or to be paid in respect thereof by any totalisator, or by the price obtainable in respect of the horse the subject of the bet on the racecourse whereon the race is held immediately prior to the start thereof.

RACING AND BETIING ACTS, 1954 TO 1963 ss. 98, 99 357

(5) Upon demand made by any person who tenders the amount he wishes to wager, or who has established a cash credit for such amount, a licensed off the course bookmaker shall according as demanded by such person make with him in respect of a horse race to be decided at a race meeting which is lawful according to the law in force where that meeting is being held, or is to be held-

(a) if the name of the horse upon which the bet is demanded is displayed on the betting board kept by such bookmaker-a win only bet at the odds in respect thereof displayed on such betting board relative to such horse; or

(b) if the information displayed on the betting board kept by such bookmaker quotes odds in respect of a place bet (that is a bet in respect of first, second or third place in a race) upon the horse upon which the bet is demanded-a place bet at such odds; or

(c) where the bettor wishes to wager not less than five shillings or more than one pound, a win only bet or a place bet at a price to be determined as specified in paragraphs (a) or (b) of subsection (6) of this section.

(6) A licensed off the course bookmaker or a licensed off the course bookmaker's agent shall not limit (by means of any condition or stipulation or otherwise howsoever) the amount which he (or, in the case of such an agent, his principal) may lose by a bet made by him in respect of a horse race to be decided at a race meeting which is lawful according to the law in force where that meeting is being, or is to be held-

(a) at a price to be determined by the dividend paid or to be paid in respect of the horse upon which the bet is made by any totalisator; or

(b) at a price to be determined by the price obtainable in respect of the horse upon which the bet is made on the racecourse whereon the race is held immediately prior to the start thereof,

and in determining the contract deemed under subsection (3) of section one hundred and thirty-nine of this Act to have been made in respect of the bet by the parties thereto any and every such limitation shall (whether or not the bettor knew of it when he made the bet or consented to it) be disregarded.

(7) Subsections (5) and (6) of this section apply so as not to require any licensed off the course bookmaker or licensed off the course bookmaker's agent to make-

(a) any bet which it is unlawful for him to make; (b) any bet at fixed odds whereby he or his principal may lose

more than fifty pounds or whereby the bettor wishes to wager less than five shillings;

(c) save a bet specified in paragraph (c) of subsection (5) of this section, any bet other than at fixed odds.

Substituted by Act of 1961, 10 Eliz. 2 No. 54, s. 37, and as amended by Act of 1962, No. 40, s. 15.

The substitution made by the Act of 1961 came into operation on 1 March 1962. See ibid., s. 2, post.

As to licensed off the course bookmakers, see ss. 79 et seq.

358 GAMING Vol. 6

99A. (1) When licensed off the course bookmaker to bet on course. Every licensed off the course bookmaker shall carryon the business of or act as a bookmaker at every race meeting lawfully held on any racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which his licensed premises are situated, and shall do so to the satisfaction of the racing club conducting the race meeting.

(2) When licensed off the course bookmaker to keep his licensed betting premises open. Every licensed off the course bookmaker who is licensed as a bookmaker by or under the authority of a principal club or a principal trotting club to carryon the business of or to act as a bookmaker on any racecourse situated without a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which his licensed premises are situated shall at any time when he is carrying on the business of or acting as a bookmaker at a race meeting lawfully conducted on such racecourse keep his licensed betting premises open for the making of bets thereat and have in charge thereof a person who in relation to him is a licensed off the course bookmaker's clerk.

(3) Subsections (1) and (2) of this section apply subject to this subsection.

A licensed off the course bookmaker shall not in any calendar year carry on the business of or act as a bookmaker at more than six race meetings held on anyone or more of the following racecourses, that is to say:-

(a) Any racecourse situated wholly or partly within a radius of thirty miles from the General Post Office at Brisbane; or

(b) Any racecourse situated wholly or partly within a radius of fifteen miles from the post office, or, if more than one, principal post office at any city or town specified by the Governor in Council in an Order in Council made under subsection (3) of section seventy-nine of this Act.

Inserted by Act of 1961, 10 Eliz. 2 No. 54, s. 38; as amended by Act of 1962 No. 40, s. 16.

This section came into operation on 1 March 1962. See Act of 1961, s. 2, post.

As to licensed off the course bookmakers, see ss. 79 et seq.

100. Prohibition of betting with infants. ( 1) A bookmaker or licensed off the course bookmaker's agent shall not-

(i) Bet with a person who is apparently under the age of twentyone years or whom he knows to be under the age of twenty-one years; or

(ii) Bet with a person whom he knows is betting on behalf of a person under the age of twenty-one years.

(2) It shall be a defence to a charge under subsection one of this section of betting with a person who is apparently under the age of twenty-one years to prove that that person was at the time of the alleged offence actually of or over that age.

(3) No person-(i) Under the age of twenty-one years shall bet with a book

maker or licensed off the course bookmaker's agent; or

RACING AND BETIING ACTS, 1954 TO 1963 ss.99A-I02 359

(ii) Shall bet, on behalf of a person under the age of twenty-one years, with a bookmaker or licensed off the course bookmaker's agent.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 39. The amendment made by the Act of 1961 came into operation on 1 March

1962. See ibid., s. 2, post. Further as to bookmakers, see ss. 72 et seq. For other offences by bettors, see s. 103.

101. Other offences by bookmakers. A bookmaker shall not-(i) Issue or deliver to a person in respect of a bet a betting

ticket previously used in respect of some other bet; or (ii) Have in his possession for a longer period than is necessary

to enable him to destroy it, a betting ticket that has been used and issued to a bettor; or

(iii) Procure a person to make on his behalf or on behalf of another bookmaker a bet which, if made by the bookmaker himself, would be contrary in any respect to a provision of this Act; or

(iv) Issue or deliver to a person a betting ticket which has not been obtained from the Commissioner of Stamp Duties or which is not stamped as prescribed or which is insufficiently so stamped; or

(v) Issue or deliver a betting ticket upon which the name of another bookmaker is printed, or sell or transfer a betting ticket to another person; or

(vi) Furnish any return or enter or keep recorded any account under or for the purposes of this Act which is false or misleading in any material particular; or

(vii) Fail to include in any return furnished under or for the purposes of this Act any information required by or under this Act to be contained therein; or

(viii) Fail to enter or keep recorded, as prescribed, every bet made by him; or

(ix) Advertise his calling as a bookmaker, or the place where he carries on the business of or acts as a bookmaker, except as prescribed.

It is an offence to bet with a person apparently under the age of twenty-one years, s. 100.

For offences by bettors, see s. 103.

102. Bookmakers to keep complete and proper books. ( 1) Every bookmaker shall-

(i) Keep complete and proper books in respect of his carrying on the busine~s of or acting as a bookmaker in the form and manner required by the regulations;

(ii) Enter and keep recorded in those books a full and accurate account of all betting transactions entered into by him;

(iii) In respect of any and every betting transaction entered into by him, retain those books for a period of at least two years or, if a longer period than two years is prescribed, that longer period;

360

(iv)

(v)

GAMING Vol. 6

Upon demand made, either verbally or in writing, produce those books or, according as demanded, any of them for inspection, and allow the same and all entries therein to be inspected, by the Commissioner of Stamp Duties, or by any person authorised by the said Commissioner, or by any officer; and Comply with such further requirements with respect to those books and entries as may be contained in the regulations.

(2) All betting sheets comprised in betting books used by every bookmaker shall be purchased from and sold by the Commissioner of Stamp Duties.

Every bookmaker shall deliver to the Commissioner of Stamp Duties at the time and in the manner prescribed the original of every betting sheet used by him and shall, upon demand made by the Commissioner of Stamp Duties, account to the satisfaction of the said Commissioner for every betting sheet supplied to him by the said Commissioner.

(3) Every bookmaker shall, if thereunto required by the principal club from or under the authority of which he is licensed as such, deliver to such principal club in accordance with its requisition a duplicate original or carbon copy of any betting sheet used by him.

( 4) Every licensed off the course bookmaker shall, in respect of all bets made by him on one and the same date at his licensed betting premises and in the course of carrying on or acting as a bookmaker on any racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which such premises are situated keep one and the same betting book and enter and record on the betting sheets comprised therein all such transactions as he makes them:

Provided that, in respect of any particular race, the use by a bookmaker of one and the same betting book and the recording on the betting sheets comprised therein of the transactions prescribed by this subsection shall be a sufficient compliance by him with the requirements of this subsection.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 40; Act of 1962, No. 40, s. 17.


103. Offences by bettors. (1) No person shall-(i) Except by post, telephone or other indirect communication,

bet with a bookmaker without obtaining from the bookmaker a betting ticket, as provided by this Part, in respect of every bet made by him with that bookmaker; or

(ii) Knowingly bet with a bookmaker in a place or in a manner or at a time other than a place where or manner in which or a time when the bookmaker lawfully carries on business or acts as a bookmaker.

(2) The provisions of paragraph (i) of subsection one of this section s~all not apply to a bet made on a racecourse, coursing ground, or athletIc ground where the amount wagered by the bettor is not paid to the bookmaker when the bet is made.

RACING AND BElTING ACTS, 1954 TO 1963 ss.102·105 361

In any proceedings for an alleged offence against the said paragraph (i) it shall be a defence to prove that at the time of making the bet in question the defendant demanded from the bookmaker concerned such a betting ticket and the bookmaker refused to issue and deliver to him that betting ticket.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 41. The amendment made by the Act of 1961 came into operation on 1 March

1962. See ibid., s. 2, post. For another offence by a bettor, see s. 100. For offences by bookmakers, see ss. 100, 101.

104. Penalty for unlawfully carrying on the business of or acting as a bookmaker. (1) A person who carries on the business of or acts as a bookmaker contrary in any respect to a provision of this Part shall be guilty of an offence against this Act and liable-

(a) For a first offence to a penalty of not less than fifty pounds or more than two hundred pounds;

(b) For a second offence to a penalty of not less than one hundred and fifty pounds or more than five hundred pounds or to imprisonment for a term not exceeding three months or to both that penalty and imprisonment; and

(c) For a third or subsequent offence to a penalty of not less than one hundred and seventy-five pounds or more than seven hundred and fifty pounds or to imprisonment for a term not exceeding six months or to both that penalty and imprisonment.

(2) The increased punishments prescribed by this subsection shall be imposable and be imposed notwithstanding that the offence punishable thereby is created by a provision of this Part different from that creating any prior offence under this Part committed by the defendant in question.

PART VII-UNLAWFUL BETTING

105. Application of this Part, etc. (1) Nothing in this Part shall apply with respect to-

(i) A totalisator that is lawfully operated in accordance with the provisions of Part V, or to a person operating or assisting in operating such a totalisator, or betting thereon or therewith; or

(ii) The deposit, receipt, subscription, holding, or payment of any money or other property whatsoever as entrance or nomination fees, in respect of any lawful race, game, sport, pastime, or exercise, or as part of the prize or stakes therefor; or

(iii) Betting by and with a bookmaker in the course of the lawful carrying on by him of the business of a bookmaker on or in-

(a) A racecourse; (b) A coursing ground; ( c) An athletic ground; or (d) Licensed betting premises.

(2) Nothing in this Part shall be deemed to repeal or otherwise affect the provisions of-

(i) "The Art Union Regulation Acts, 1930 to 1953";

362 GAMING Vol. 6

(ii) "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949";

(iii) "The Gaming Act of 1850"; (iv) "The Suppression of Gambling Acts, 1895 to 1948"; or (v) "The Criminal Code".

Acts referred to: Art Union Regulation Acts, 1930 to 1956, p. 265, ante. Vagrants, Gaming, and Other Offences Acts, 1931 to 1964, title

VAGRANTS. Gaming Act of 1850, p. 277, ante. Suppression of Gambling Acts, 1895 to 1956, p. 397, post. Criminal Code, title CRIMINAL LAW, Vol. 3.

106. Unlawful bookmaking. (1) A person shall not carryon the business of or act as a bookmaker elsewhere than on or in-

(i) A racecourse whereon a race meeting or horse race is being lawfully held; or

(ii) A coursing ground whereon a coursing meeting or coursing is being lawfully held; or

(iii) An athletic ground whereon is being held an athletic meeting at which bookmaking is permitted pursuant to section seventy-six of this Act; or

(iv) Licensed betting premises wherein he is licensed under this Act so to do.

(2) A person shall not in the course of carrying on the business of or acting as a bookmaker on a racecourse or coursing ground bet with any person by telephone, telegraph, or other indirect communication.

As amended by Act of 1962, No. 40, s. 18. The onus of proof in a prosecution under this section or s. 108 is proof

beyond reasonable doubt and not reasonable suspicion. Proberts v. Dulley, Ex parte Dulley, [1961] Qd. R. 1.

For penalty for an offence against this section, see s. 109. As to arrest without warrant for an offence against this section, see s. 125. The offender must appear personally before the court, s. 126. Justices have a restricted power to allow time for payment of a penalty under

this section, s. 132.

107. Common betting houses. (1) No place shall be opened, kept, or used for the purpose of-

(i) The occupier thereof betting with any person either(a) In person; or (b) By messenger or agent; or (c) By post, telephone, or telegraph; or (d) In any other manner; or

(ii) Any money or other pr?perty whatsoever being received by or on behalf of the occupIer thereof as or for the consideration for-

(a) Any assurance, undertaking, promise, or agreement express or implied, to payor give thereafter; or '

(b) Securing the paying or giving by some other person of, any money or other property whatsoever on a sporting contingency in this State or elsewhere; or

RACING AND BEITING ACTS, 1954 TO 1963 ss.10S·107 363

(iii) Paying or settling any bets made on a sporting contingency in this State or elsewhere,

and a place that is opened, kept, or used for all or any of those purposes is hereby declared to be a common nuisance and contrary to law.

(2) A place that is a common nuisance by virtue of this section is in this Act referred to as a common betting house.

(3) The Governor in Council may by Order in Council approve of the settling of bets lawfully made by and with bookmakers on the racecourses or coursing grounds, or both, specified in the Order in Council at the place named in the Order in Council, and this section does not apply with respect to the payment and settlement of those bets at that place.

( 4) The provisions of this section or of section one hundred and six of this Act do not apply to a bet made by and with a licensed off the course bookmaker's agent where the bet is made by such agent in the place or locality specified in his license and under circumstances such that, except for the place where the bet is made by such agent, the bet would be lawful if made by and with his principal in person.

As amended by Act of 1960, 9 Eliz. 2 No. 12, s. 6; Act of 1961, 10 Eliz. 2 No. 54, s. 42.

The amendment made by the Act of 1961 came into operation on 1 March 1962. See ibid., s. 2, post.

It is an offence to resort to a common betting house, s. 110. As to entry and search of common betting houses, see s. 122. The keeping of a common gaming house is punishable under the Criminal

Code, ss. 232, 235, title CRIMINAL LAW, Vol. 3. Unlawful gaming is punishable under Vagrants, Gaming, and Other Offences

Acts, 1931 to 1964, ss. 4,19,21,52, title VAGRANTS. See also Gaming Act of 1850, p. 277, ante. With regard to the licensing of premises kept for playing billiards and bagatelle,

see Liquor Acts, 1912 to 1961, s. 53, title LIQUOR. As to licenses and the obligations of licensees, see ibid., ss. 16 (1) (h), 18 (1) (vi), 26, 50, 53, 54 (2), 74, 75, 78.

Lotteries are regulated by the Suppression of Gambling Acts, 1895 to 1956, p. 397, post; the Art Union Regulation Acts, 1930 to 1956, p. 265, ante, and the Criminal Code, ss. 234, 235, title CRIMINAL LAW, Vol. 3.

Pretending to exercise witchcraft or to tell fortunes is punishable under the Criminal Code. s. 432.

See Farrah v. Corrie and McKenna, Ex parte Farrah, [1954] St. R. Qd. 117; 48 Q.J.P.R. 82 (noted under s. 1 of the Gaming Act of 1850, p. 278, ante).

"For the purpose of the occupier thereof betting with any person." The information should allege a user by a person falling within one of the classes referred to in the section, Knox v. Bible, [1907] V.L.R. 485.

In order to establish an offence it is not in all cases necessary to show illegal user of the place in question extending over more than one day, or to show that acts complained of were many times repeated. In some cases the defendant may either by express or implied admission show the illegal character of his user of the place in connection with a few acts or even a single act, Knox v. Bible, [1907] V.L.R. 485; Cavanagh v. Bernasochi, [1924] V.L.R. 458. Where an information alleges unlawful user during a period between specified dates it is not necessary to prove user during the whole of the period, ibid.

The offence must depend on the actual facts, and it does not depend on any question of legal title or legal authority where the person charged is either owner or occupier or a person using the place within the meaning of the Act as a betting house or office, Deeley v. Ryan, [1930] V.L.R., at p. 48; Davis v. Nuttall, [1924] N.Z.L.R. 65. A person may be convicted of using a house or room for the purpose of betting not only in cases where he has control or authority over that room, but also in a case where, having no control or authority, he is nevertheless carrying

364 GAMING Vol. 6

on the business of a bookmaker with the license or authority of the occupier so to carryon his business, Deeley v. Dick, [1928] V.L.R., at p. 124; Deeley v. Abraham.s (1930), 36 AL.R. (C.N.) 9. Cf. McCann v. Blake, [1920] V.L.R. 89, where It was held that to establish an offence of "being the owner .... used as an unlawful betting place" it is necessary to prove that the persons betting had themselves some dominion or control over the place.

To "use" a place a person must so act as to establish it as his site or stand of business, Bond v. Foran (1934), 52 C.L.R. 364. See also Prior v. Sherwood (1906), 3 C.L.R. 1054; McCann v. Morgan, [1912] V.L.R. 303; McCann v. Fitzpatrick (1914), 20 AL.R. 102; Ex parte Hall (1923), 40 W.N. (N.S.W.) 30; Draper v. Kenneally (1914), 31 W.N. (N.S.W.) 178; Ex parte Shute (1908), 25 W.N. (N.S.W.) 14; Ex parte Anderson (1906),23 W.N. (N.S.W.) 25; Allchurch v. Beresford, [1928] S.AS.R., at pp. 453, 454; Lentlzall v. Mitchell, [1933] S.A.S.R. 231; Culmsee v. Brown (1934), 36 W.AL.R. 71.

If a man has been using premises for several weeks for the purpose of betting, the continuity of that user is not disturbed by the mere fact that on the particular day on which the charge was laid he made no wager, Burrows v. Leydon, [1932] V.L.R., at p. 520.

The purpose and effect of this section and s. 108 is to prohibit betting from being carried on as a business on premises appropriated for that purpose. It does not prohibit betting in itself. The term "business," used in s. 108, involves a certain element of generality in the scope of the betting operations carried on. Occasional betting with individuals is not enough, Dolling v. Bird, [1924] N.Z.L.R. 545; Ex parte Rowan (1891), 8 W.N. (N.S.W.) 35. This section does not cast upon the prosecution the onus of proving that any bet was actually made; all that has to be proved is that the premises were open, kept, or used for the purpose of betting, Quirke v. Davidson, [1923] N.Z.L.R. 546; Bond v. Beresford, [1931] S.A.S.R. 285; Lentlzall v. Mitchell, [1933] S.A.S.R. 231. See also Cox v. Gibson, [1916] N.Z.L.R. 1103 (all of the steps necessary to receive, note, record, and pay bets were carried on in certain premises; telephones were installed, but no person physically resorted thereto, and all letters were received at a post-office, private letter-box, and all telegrams called for at the telegraph office counter).

The fact that money was taken for a bet and that books relating to the business of betting were found in a place, even though the owner of the place is a bookmaker, where he does not give evidence that these books related to his lawful business, is some evidence of user within this section, Ex parte Willzams (1928), 28 S.R. (N.SW.) 616.

The words "for the purpose of betting with any person" are not confined to the mere laying of wagers. They mean "for the purpose of participating with persons engaged in any process of betting," O'Sullivan v. MacMahon (1896), 22 V.L.R. 55.

A person who makes a bet with the keeper of a common betting house is not an accomplice in the keeping, R. v. Herman (1904), 6 W.A.L.R. 89.

"For the purpose of any money or other property, whatsoever being received", etc.-This part of the section is not limited to betting transactions. The earlier part and this part are to be read as two separate enactments dealing with separate and distinct offences, Young v. Britten, [1928] N.Z.G.L.R. 134; Sharp v. Ham iltoll , [1934] N.Z.G.L.R. 188.

An assurance or undertaking to pay is an assurance or undertaking to pay by any person whether the owner, occupier, or keeper of the house or other place, or some other person, and it is sufficient on a prosecution for an offence under this section to prove money to have been received in consideration of a promise by some person to pay, Martin v. Campbell (1892), 13 N.Z.L.R. 42. A person acting only as agent on commission for the purchase of tickets in a foreign lottery was held not to come within the scope of the section as there was no contract or undertaking by such person to pay to the persons for whom he purchased tickets any money whatever on any sporting contingency, Dempsey v. Watson (1905), 17 W.AL.R. 279; Harrison v. McGrath (1903), 22 N.Z.L.R. 676.

The undertaking to pay money may be established without evidence of the meaning of all the terms of the wagering contract, O'Donnell v. Boland (1904), 29 V.L.R. 655.

As to whether it is a defence that the game on the result of which the money or valuable thing was promised to be given, allowed scope for skill and was not a game of pure chance, see Peers v. Caldwell, [1916] 1 K.B. 371; Ex parte O'Connor

RACING AND BETTING ACTS, 1954 TO 1963 ss.107,108 365

(1921), 21 S.R. (N.S.W.) 566; Phillips v: Lipp, [1922] St. R. Qd. 205; [1922] Q.W.N. 34; 16 Q.J.P.R. 120; Young v. Britten, supra; Dawson v. Sinclair, [1926] N.Z.L.R. 721; Sharp v. Hamilton, supra; Skill Ball Pty. Ltd. v. Thorburn (1936), 55 C.L.R. 292.

A case is not prevented from falling within the provision by the fact that the person keeping the place had no chance of deriving a profit from the transactions Dowd v. Williams (1928), 45 W.N. (N.S.W.) 120; nor by the fact that he is t~ some extent a mere stakeholder, ibid.

As to whether a club which is used for the purpose of bets being made by the members inter se is an unlawful betting place, see R. v. Boardman (1905), 17 W.A.L.R. 313; Downes v. Johnson, [1895] 2 Q.B. 203; R. v. Corrie (1904), 68 J.P. 294; Jackson v. Roth, [1919] 1 K.B. 102.

Notwithstanding that a person has received money or valuable things in the circumstances mentioned, such receipt gives him a possessory title enforceable against all persons not showing a superior title, Russell v. Wilson (1923), 33 C.L.R. 538.

108. Prohibition of keeping, using, etc., common betting houses. (1 ) No person shall-

(i) Open, keep, or use; or (ii) Permit or suffer any place of which he is the occupier to be

opened, kept, or used as; or (iii) In any way assist in conducting the business of,

a common betting house. (2) No person-

(i) Being the occupier of a common betting house; or (ii) Acting for or on behalf of the occupier of a common betting

house; or (iii) In any way assisting in conducting the business of a common

betting house, shall receive directly or indirectly any money or other property whatsoever-

(iv) As a deposit on any bet on condition of paying or giving; or (v) As for the consideration for any assurance, undertaking,

promise, or agreement, express or implied, to payor give thereafter,

any money or other property whatsoever on the happening of a sporting contingency in this State or elsewhere.

(3) No person shall give any acknowledgement on the receipt of any money or other property whatsoever (received as mentioned in subsection two of this section) purporting or intended to entitle the bearer or any other person to receive any money or other property whatsoever on the happening of a sporting contingency in this State or elsewhere.

As amended by Act of 1960, 9 Eliz. 2 No. 12, s. 7. For an example of premises constituted a common betting-house by virtue

of s. 107, supra, see Gorman v. Newton, Ex parte Newton, [1958] Qd. R. 169; 53 Q.J.P.R. 1, where the Full Court upon an order to review held that evidence of telephone conversations, intercepted by the police, who had raided the residence of the appellant, a married woman, and heard by her, in the course of which the callers placed bets, was admissible.

For penalty for an offence against this section, see s. 109. As to entry and search of common betting houses, see s. 122. For the power of arrest without warrant of a person committing an offence

against subsection 0), see s. 135. The offender must appear personally before the court, s. 126.

366 GAMING Vol. 6

Justices have a restricted power to allow time for payment of penalty under this section, s. 132.

See notes to s. 107. 109. Penalty for offences against ss. 106 and 108. (1) A person who contravenes any provision of section one h~ndred and six or sec~ion OI~e hundred and eight of this Act shall be gUilty of an offence agamst thiS Act and liable, subject to subsection three of this section,-

(a) For a first offence to a penalty of not less than one hundred and fifty pounds or more than two hundred pounds;

(b) For a second offence, whether against the same provision or another provision of the said sections, to a penalty of not less than two hundred and fifty pounds or more than five hundred pounds and to imprisonment for a term of not less than fourteen days or longer than three months; and

(c) For a third or subsequent offence, whether against the same provision or another provision of the said sections, to a penalty of not less than five hundred pounds or more than seven hundred and fifty pounds and to imprisonment for a term of not less than twenty-eight days or longer than six months.

(2) Where a person is charged, whether upon a complaint or not, with an offence against any of the provisions of section one hundred and six or section one hundred and eight of this Act, then if any offence against any of the other provisions of the section whereunder he is charged or against any of the provisions of the other section as aforesaid is established by the evidence he may at the hearing and determination of such charge be convicted of that other offence.

(3) Where separate persons commit offences against any of the provisions of sections one hundred and six and one hundred and eight of this Act, whether against the same or different provisions, in respect of the same place within a period of time not longer than six months, the person secondly so offending shall be liable therefor to the increased punishment prescribed by paragraph (b) of subsection one of this section and the person, if any, thirdly or subsequently so offending shall be liable therefor to the increased punishment prescribed by paragraph (c) of subsection one of this section.

For the purposes of this subsection offences committed in different rooms, units, or other parts of a building or structure shall be deemed to have been committed in the same place.

( 4) The increased punishments prescribed by subsections one and three of this section shall be imposable and be imposed notwithstanding that the offence punishable thereby is created by a provision of the sections of this Act referred to in subsection one of this section different from that creating-

(a) Any prior offence under those sections committed by the defendant in question; or

(b) Any offence or offences under those sections committed by a person or persons other than the defendant in question.

As amended by Act of 1957, 6 Eliz. 2 No. 43, s. 3, Act of 1962, No. 40, s. 19.

110. Resorting to common betting honse prohibited. (1) No person shall, without lawful excuse the proof of which shall be upon him, resort to or be found in or entering or leaving a common betting house.

RACING AND BETTING ACfS, 1954 TO 1963 ss.108-111 367

(2) In this section "resort to" includes applying by the agency of another person, by letter, by telegram, by telephone, or by any other means of correspondence or communication.

(3) A person guilty of an offence against this section shall be liable to a penalty for the first offence of not less than five pounds or more than fifty pounds, for the second offence, whether against the same or another provision of this section, to a penalty of not less than twenty pounds or more than seventy-five pounds or to imprisonment for a term not exceeding fourteen days or to both such penalty and imprisonment, and for a third or subsequent offence, whether against the same or another provision of this section, to a penalty of not less than thirty pounds or more than one hundred pounds and to imprisonment for a term of not less than seven days or longer than fourteen days.

As amended by Act of 1962, No. 40, s. 20. As to entry and search of common betting houses, see s. 122. See notes to s. 107.

111. Prohibition of advertising of common betting houses, etc. (1) No person shall-

(i) Send, exhibit, print, or publish, or cause to be sent, exhibited, printed, or published; or

(ii) Permit to be exhibited or published in or on any place of which he is the occupier,

any placard, handbill, card, writing, sign, advertisement, or other matter whatsoever whereby it is made to appear that any place is opened, kept, or used for the purpose of betting or making bets or for the purpose of exhibiting lists for betting or with intent to induce any person to resort to any place for the purpose of betting.

(2) (Repealed.)

(3) No person shall-(i) Being the occupier of a common betting house; or (ii) For or on behalf of the occupier of, or other person con

cerned in the business of a common betting house, invite any person to resort to that place for the purpose of betting.

In this subsection "resort to" has the meaning assigned thereto by subsection two of section one hundred and ten of this Act.

( 4) No person shall send, exhibit, print, or publish, or cause to be sent, exhibited, printed, or published, any letter, circular, telegram, placard, handbill, card, writing, sign, advertisement, or other matter whatsoever-

(i) Whereby it is made to appear that any person in this State or elsewhere will, on application, give information or advice for the purpose oi or with respect to any bet on a sporting contingency in this State or elsewhere or will make on behalf of any other person any such bet; or

(ii) With intent to induce any person to apply to or at any place, or to any person, with a view to obtaining information or advice for the purpose of any such bet or with respect to a sporting contingency in this State or elsewhere; or

368 GAMING Vol. 6

(iii) Inviting, or which may be reasonably implied to invite, any person to make or take a share in or in connection with any such bet.

(5) A person guilty of an offence against any of the provisions of this section shall be liable to a penalty not exceeding five hundred pounds or to imprisonment for a term not exceeding twelve months, or to both such penalty and imprisonment.

As amended by Act of 1960, 9 Eliz. 2 No. 12, s. 8; Act of 1961, 10 Eliz. 2 No. 54, s. 43.

The amendment made by the Act of 1961 came into operation on 1 March 1962. See ibid., s. 2, post.

For what is a common betting house, see s. 107. As to entry and search of common betting houses, see s. 122. To "exhibit" means to make the placard or sign available to be read by several,

whether in fact it is read by any or none, and does not mean handing a list privately to a single person even though it is read by that person, Higgins v. Hames (1933), 35 W.A.L.R. 26, cf. Crosland v. O'Brien, [1945] N.Z.L.R. 702.

A person committing an offence under this section has no cause of action for defamation in respect of statements made about him in relation to his illegal conduct, but is entitled to sue in respect of statements made about him ultra such conduct, Wilkinson v. Sporting Life Publications Ltd. (1933), 49 C.L.R. 365.

The "place" referred to in subsection (4) (ii) need not be a place used for betting contrary to the provisions of this Act (Ex parte Vockler (1919), 19 N.S.W.S.R. 163, 465; 26 C.L.R. 366).

As to whether the advice referred to in subsection (4) (ii) must be advice with respect to bets to be made in an unlawful betting place, see Cox v. Andrews (1883), 12 Q.B.D. 126; Potter v. Ridsdale (1892), 13 L.R. (N.S.W.) (L.) 248.

112. (Repealed.) Repealed by Act of 1961, 10 Eliz. 2 No. 54, s. 44. This repeal took effect from 1 March 1962. See Act of 1961, s. 2, post.

113. Betting on licensed premises. ( 1) A person who holds a license of any description under and within the meaning of "The Liquor Acts, 1912 to 1961," shall not permit or suffer the place in respect whereof that license is in force to be used for the purpose of betting.

A person guilty of an offence against this section shall be liable to a penalty not exceeding two hundred pounds.

(2) For the purposes of this section-(i) The means by which the betting is conducted or carried on

in such place shall be immaterial; (ii) Where any such place is used for the purpose of betting,

the holder of the license, as aforesaid in respect of that place shall be deemed to permit the place to be used for the purpose of betting unless he proves that he had no knowledge and no means of knowing that such place was used for the purposes of betting.

(3) (a) Upon the commission, in relation to any place in respect whereof a license of any description under and within the meaniag of "The Liquor Acts, 1912 to 1961," is in force, of not less than three offences committed whilst the license in question was held by anyone and the same person, against any of the provisions of-

(i) subsection (1) of this section; (ii) sections one hundred and six, one hundred and eight, or one

hundred and fifteen of this Act; or


(iii) subparagraph (c) of paragraph (viii) of subsection (1) of section four of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1961,"

the Licensing Commission appointed and constituted under "The Liquor Acts, 1912 to 1961," shall, upon application in that behalf made by the Inspector of Police in charge of the Police District wherein such place is situated, suspend for a period of seven days the aforesaid license, and such suspension shall during the period thereof have the same effect as a cancellation of the license.

(b) For the purposes of this subsection only offences committed after the enactment of this subsection wherefor a person has been convicted and in respect of the first and second whereof the notice prescribed by subsection (4) of this section has been served by the Inspector of Police shall be taken into account.

(c) Subject to paragraph (b) of this subsection, all offences mentioned in subparagraphs (ii) or (iii) of paragraph (a) of this subsection shall be taken into account for the purposes of this subsection whether committed by the same or different persons.

( 4) Upon the conviction of any person for an offence against any of the provisions of-

(a) subsection (l) of this section; (b) sections one hundred and six, one hundred and eight or one

hundred and fifteen of this Act; or (c) subparagraph (c) of paragraph (viii) of subsection (l) of

section four of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1961,"

committed in relation to any place in respect whereof a license of any description under and within the meaning of "The Liquor Acts, 1912 to 1961," is in force, the Inspector of Police in charge of the Police District wherein such place is situated may serve on the holder of such license a notice.

(5) The notice referred to in subsection (4) of this section shall(a) be in writing and signed by the Inspector of Police; (b) contain particulars of the offence concerned sufficient to

identify it; (c) warn the person to whom it is directed of the liability to

suspension of the license concerned imposed by subsection (3) of this section;

(d) if it is the second notice, state that the warning thereby conveyed is final.

(6) Where, at any time after a license of any description under and within the meaning of "The Liquor Acts, 1912 to 1961," has been suspended under subsection (3) of this section during which that license continues to be held by the person who held it when it was so suspended, such person or any other person commits, in relation to the place in respect whereof that license is in force, an offence against any of the provisions of-

(a) subsection (l) of this section;

370 GAMING Vol. 6

(b) sections one hundred and six, one hundred and eight or one hundred and fifteen of this Act; or

(c) subparagraph (c) of paragraph (viii) of subsection (1) of section four of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1961,"

wherefor he is convicted, the Licensing Commission appointed and constituted under "The Liquor Acts, 1912 to 1961," may, subject to subsection (7) of this section, upon application in that behalf by the Inspector of Police in charge of the Police District wherein such place is situated, suspend the aforesaid license for a period of twenty-eight days or, if in the circumstances the said Commission deems a longer period of suspension to be warranted, for such period longer than twenty-eight days as it shall fix, and such suspension shall during the period thereof have the same effect as a cancellation of the license.

(7) The said Commission shall not, under subsections (3) or (6) of this section, suspend any license unless and until it has given to the holder thereof an opportunity to appear before it and to show cause why the license should not be suspended or if the licensee shows such cause to its satisfaction.

As amended by Act of 1962, No. 40, s. 21. Acts referred to:

Liquor Acts, 1912 to 1961, title LIQUOR. Vagrants, Gaming, and Other Offences Acts, 1931 to 1964, title

VAGRANTS.

114. (1) Declaration of places to which this section applies. (a) On the affidavit of a member of the Police Force of the rank of a subinspector of police or of higher rank, showing reasonable grounds for suspecting that any place is opened, kept, or used in contravention of any of the provisions of this Part, a Judge may declare that place to be a place to which this section applies.

(b) Where such an application relates to a room, unit, or other part of a building or other structure, the declaration shall apply with respect to the whole of that building or other structure unless the Judge otherwise orders.

(c) Every such declaration shall be in force until rescinded. (2) Rescission of declaration. (a) Any such declaration may be

rescinded by a Judge, subject to such terms as he thinks fit, on application being made to him-

(i) By the owner, tenant, or occupier of the place the subject of the declaration, on proof that the applicant had not at any time knowingly permitted or suffered the place to be opened, kept, or, as the case may be, used in contravention of this Part; or

(ii) By a member of the Police Force of the rank of a subinspector of police or of higher rank on proof that the place is not used in contravention of this Part.

(b) 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 member of the Police Force of the rank of a subinspector of police or of higher rank two days at least before the hearing of the application.

RACING AND BElTING ACTS, 1954 TO 1963 ss.113,114 371

(c) When any such declaration has been rescinded by a Judge on terms, the owner, tenant, or occupier of the place, the subject of the declaration, or a member of the Police Force of the rank of a sub-inspector of police or of higher rank, may apply to a Judge for a variation of such terms on proof that circumstances existing at the time of fixing such terms have materially altered. On any such application the Judge, if satisfied that it is just or expedient to do so, may modify, revoke, add to, or remit any of such terms:

Provided that a member of the Police Force of the rank of a sub-inspector of police or of higher rank shall be given notice of any application by such owner, tenant, or occupier and any member of the Police Force of the rank of a sub-inspector of police or of higher rank shall be entitled to be heard in opposition thereto.

(3) (a) Notice of any such declaration, and of any rescission of the same, shall be published in the Gazette.

(b) In any proceedings under this Act the production of a copy of the Gazette containing such notice shall be evidence that the declaration or rescission therein notified was duly made.

(4) Notice to be given of dedaration. (a) The Commissioner of Police, on such declaration being made with respect to any place-

(i) Shall cause to be published on two days in a newspaper circulating in the neighbourhood of the place, a notice of the making of the declaration; and

(ii) Shall cause such notice to be served on the owner and occupier of the place. The service shall be personal, except when it cannot be promptly effected, in which case the notice may be served on the owner and occupier aforesaid by causing a copy thereof to be affixed at or near to the entrance of the place.

(b) In any proceedings under this Act the production of a copy of a newspaper containing any such notice shall be evidence that the notice was duly published in that newspaper on the date appearing thereon.

(5) After publication, in pursuance of subparagraph (i) of paragraph (a) of subsection four of this section, of notice of the making of a declaration with respect to a place and during the time that the declaration is in force, no person shall be found in or entering or leaving-

(i) That place; or (ii) Any place used as a means of access to, or of exit or

escape from the same, unless for a lawful purpose, and any member of the Police Force may arrest any person found in or entering or leaving any place aforesaid and take him before a court. That person, unless he proves that he was in, or entering, or leaving as aforesaid for a lawful purpose, shall be liable to the penalty, or if he has previously been convicted under this subsection or under section one hundred and six or section one hundred and eight of this Act, the increased penalty appropriate to the number of those previous convictions, prescribed by subsection one of section one hundred and nine of this Act.

372 GAMING Vol. 6

(6) Penalty on owner of place. If after service on an owner in pursuance of subparagraph (ii) of paragraph (a) of subsection four of this section of notice of the making of a declaration with respect to a place and while the declaration is in force, that place is opened, kept, or used in contravention of any of the provisions of this Act, the owner shall, unless he proves that he has taken all reasonable steps to evict the occupier from the same and that he had not knowingly permitted or suffered the place to be so opened, kept, or, as the case may be, used, be liable to the penalty or, if he has previously been convicted under this subsection or under section one hundred and six or section one hundred and eight of this Act, the increased penalty appropriate to the number of those previous convictions, prescribed by subsection one of section one hundred and nine of this Act.

(7) Penalty on occupier. If after service on an occupier, in pursuance of subparagraph (ii) of paragraph (a) of subsection four of this section of notice of the making of a declaration with respect to a place and while the declaration is in force, that place is opened, kept, or used in contravention of any of the provisions of this Act, the occupier shall, unless he proves that he has taken all reasonable steps to prevent such opening, keeping, or, as the case may be, use, be liable to the penalty or, if he has previously been convicted under this subsection or under section one hundred and six or section one hundred and eight of this Act, the increased penalty appropriate to the number of those previous convictions, prescribed by subsection one of section one hundred and nine of this Act.

(8) Subsections six and seven of this section shall apply so as not to affect or limit any liability to punishment under any other provision of this Act incurred by the owner or occupier of a place to which this section applies.

(9) Entry by members of the Police Force. While any such declaration is in force with respect to any place, any member of the Police Force may, without warrant-

(i) Enter the said place; (ii) Enter any place which he has reasonable grounds to suspect

is used as a means of access to or of exit or escape from the same;

(iii) Pass through, from, over, and along any other place for the< purpose of entering in pursuance of subparagraph (i) or subparagraph (ii) aforesaid;

(iv) For any of the purposes aforesaid, break open doors, windows, and partitions, and do such other acts as are necessary;

(v) Seize any instrument of betting or of gaming and, in the place firstmentioned, any money.

See also as to seizure, s. 122 (2) (v). Instruments seized may be used in evidence, s. 136. As to forfeiture and destruction of instruments after conviction, see s. 137.

115. Prohibition of betting in a public place. A person shall not-(i) Either personally or by means of an agent bet in a public

place; or (ii) Frequent, loiter in, use, or be in a public place for the

purpose of betting; or


(iii) Placard, post up, or exhibit, or assist in placarding, posting up, or exhibiting in or on or about any public place any information or notice or list, directly or materially, relating to betting.

For the power of arrest without warrant of a person committing an offence against this section, see s. 125.

Justices have a restricted power to allow time for payment of a penalty under this section, s. 132.

116. Removal of suspected person. ( 1 ) If the committee or other governing body of a club having the control of a place where a sporting event is being, or is about to be, held has reasonable grounds for believing that a person found in that place-

(i) Carries on the business of or acts as a bookmaker contrary to any of the provisions of this Act; or

(ii) Is, or on the day when so found has been, engaged in betting contrary to any of the provisions of this Act in that place; or

(iii) Makes a practice of betting contrary to any of the provisions of this Act,

the committee or other governing body may cause that person to be removed from that place by an agent or servant of the club or by any member of the Police Force.

(2) The direction or request of the committee or other governing body shall be sufficient authority to the agent, servant, or member of the Police Force, to remove that person accordingly.

(3) No person-(i) Who is removed from a place pursuant to this section shall

re-enter that place on the day of his removal therefrom; or (ii) Who is warned pursuant to section one hundred and seventeen

of this Act not to attend or be present at any place shall enter or be in or on that place on any day to which the warning applies.

( 4) A person who contravenes the proVISIons of subsection three of this section may be arrested by any member of the Police Force.

For the application of this section, see s. 118.

117. Power of club to warn suspected person not to attend at sports meeting. (1) A club may, by notice in writing under the hand of the secretary of the club, warn a person believed on reasonable grounds by the committee or other governing body of the club to carryon the business of or act as a bookmaker contrary to any of the provisions of this Act, or to make a practice of betting contrary to any of the provisions of this Act, not to attend or be present at any place wherein or whereon any sporting events are about to be or may at any time thereafter be promoted, conducted, or controlled by that club.

A person who is warned pursuant to this section may, while that warning remains in operation, be refused admission to any place to which such warning applies.

374 GAMING Vol. 6

(2) A notice under this section shall be served personally on the person to whom it applies.

(3) A club may, at any time rescind a notice under this section, if it is satisfied that there is no reason for allowing it to remain in operation.

For the application of this section, see s. 118.

118. Application of ss. 112 (5), 116 and 117. The provisions of subsection five of section one hundred and twelve and of sections one hundred and sixteen and one hundred and seventeen of this Act-

(i) Shall extend to every place of which a club therein mentioned has control at the relevant time, whether or not the place is owned by the club or is at any other time subject to a right of public use or entry; and

(ii) Shall be in addition to, and not in derogation of, any other powers that the club may possess.

Section 112 has been repealed. Section 116 deals with the removal of a suspected person. Section 117 deals with warning a suspected person not to attend a sports

meeting.

PART VIII-MISCELLANEOUS

119. Prohibition of giving warning of approach. No person shall be in, about, or near to any place (whether a public place or not) for the purpose of giving a warning to any other person of the presence or approach of a member of the Police Force or for the purpose of preventing the detection of an offence against this Act.

120. Attempting offences. (1) No person shall attempt to commit an offence against this Act.

A person convicted of attempting to commit an offence against this Act shall be liable to the same penalty or punishment as an offender convicted of committing that offence is liable, unless it is proved that he desisted of his own motion from the further prosecution of his intention without its fulfilment being prevented by circumstances independent of his will, in which case he shall be liable to one-half only of the penalty or punishment to which he would otherwise be liable.

Section four of "The Criminal Code" shall apply with respect to attempts to commit offences against this Act.

(2) Upon a complaint charging a person with committing an offence against this Act, he may be convicted of attempting to commit that offence.

Act referred to: Criminal Code, title CRIMINAL LAW, Vol. 3.

121. Immnnity of members of the Police Force and other persons. No member of the Police Force or officer acting in the discharge of duty, and no person acting under the instructions of a member of the Police Force or an officer, shall be deemed to be an offender or accomplice in the commission of any offence against this Act, although such member of the Police Force, officer, or person might but for this section have been deemed to be such an offender or accomplice.

RACING AND BETTING ACTS, 1954 TO 1963 ss.117·122 375

122. Warrant to enter and search places and arrest persons found therein, etc. Third Sch. ( 1) On complaint in writing and on oath made by any member of the Police Force stating that, in his opinion, there are reasonable grounds for suspecting-

(i) That any place is opened, kept, or used as a common betting ~l)use or contrary in any respect to section one hundred and twelve of this Act; or

(ii) That in or on any place (whether a public place or not) other than licensed betting premises, a person has committed, or is committing, or is about to commit, any offence against this Act,

a justice may issue a warrant in or to the effect of the form in the Third Schedule to this Act.

(2) A warrant issued under this section shall authorise the member of the Police Force to whom it is directed or any other member of the Police Force to do all or any of the following things:-

(i) Within the period of one month after the date of the warrant, either alone or with the assistance of such members of the Police Force or other persons as he thinks fit, at any time, whether by day or by night, to enter or re-enter into or on, and search the place to which the warrant relates;

(ii) To use force if necessary in making entry or re-entry, whether by breaking open doors or windows, or otherwise;

(iii) To pass through, from, over, and along any other place for the purpose of entering or re-entering in pursuance of subparagraph (i) aforesaid;

(iv) To break open and search in the place to which the warrant relates any cupboards, drawers, chests, trunks, boxes, bags, parcels, packages, or other things, whether fixtures or not, in which, in his opinion, there are reasonable grounds for suspecting that there are any instruments of 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 this Act or that he may reasonably expect to afford evidence as to the commission of any offence against this Act;

(v) To seize and retain and remove all or any instruments of betting, money, documents, or other things whatsoever as aforesaid which he finds in or on that place, or upon any persons found in, on, or about that place, and to make copies of and take extracts from any lists, cards, books, tickets, vouchers, papers, or other documents that he so finds and does not seize;

(vi) To arrest any person whom he finds 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.

As to common betting houses, see ss. 107 et seq. See also as to seizure, s. 114 (9) (v). Instruments seized may be used in evidence, s. 136. As to forfeiture and destruction of instruments after conviction, see s. 137.

376 GAMING Vol. 6

The powers of arrest as to "any person whom he finds in, on, or about the place" are not limited to those actually contravening the Act, Anderson v. Hume (1882), 46 J.P. 825.

Postal orders may be seized, Hodgson v. Macpherson, [1913] S.C. (J.) 68, and unopened letters, Strathern v. Benson, [1925] S.C. (J.) 40.

123. Power to require name and address. (1) Any member of the Police Force or officer who-

(i) Finds any person committing or who reasonably suspects any person of having committed an offence against this Act; or

(ii) Is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by any person; or

(iii) Is of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling him to carry out his functions or duties under this Act; or

(iv) Arrests any person in pursuance of this Act, may require that person to state his name and address, and, if he has reasonable ground to suppose that the name and address or name or address given is false, may require evidence as to the correctness thereof.

(2) Any person required under this section to state his name and address or name or address who-

(i) Refuses or otherwise fails to state his name and address or, as the case may be, name or address; or

(ii) States a false name and address or, as the case may be, a false name or a false address,

shall be guilty of an offence against this Act.

(3) Any person required under this section to give evidence of the correctness of his name and address, or name or address, who fails to give that evidence, or who gives false evidence with respect to his name and address or, as the case may be, name or address, shall be guilty of an offence against this Act.

124. Obstructing members of the Police Force, etc. (1) No person shall-

(i) Prevent any member of the Police Force, officer, or other person authorised by or under this Act to enter or re-enter any place, from entering or, as the case may be, re-entering that place or any part thereof; or

(ii) Delay or otherwise howsoever obstruct any member of the Police Force, officer, or other person authorised by or under this Act to enter or re-enter any place in entering or, as the case may be, re-entering that place or any part thereof; or

(iii) Assault, obstruct, threaten, abuse, insult, or intimidate any member of the Police Force, officer, or other person in the exercise of any of his powers or in the discharge of any of his duties under this Act, or invite or encourage any other person so to do; or

(iv) Fail to comply with any determination, order, notice, direction, or request made or given under this Act by the Board or any officer or any member of the Police Force; or


(v) Retake or attempt to retake any thing seized under this Act; or

(vi) Aid, cause, or procure any person to do any of the aforementioned acts.

(2) A person, being a person required by this Act to keep any book, voucher, or document, or to enter or keep recorded any account or particulars therein (and when that person is a club or an athletic club or any other body or association of persons, the secretary thereof or a person having the possession or control of any book, voucher, or document of the club, athletic club, or other body or association of persons), shall not refuse or otherwise fail, during such time as that book, voucher, or document is required to be so kept-

(i) To produce the book, voucher, or document to; or (ii) To permit any extracts to be taken therefrom, or any copies

thereof to be made, by, a person lawfully demanding the production thereof or to be permitted to take extracts therefrom or to make copies thereof.

(3) A person guilty of an offence against this section shall be liable to a penalty not exceeding two hundred pounds or to imprisonment for a term not exceeding six months or to both such penalty and imprisonment.

125. General power of arrest without warrant. (1) In addition to any other powers of arrest under this Act any member of the Police Force may arrest any person-

(i) Found committing an offence against any of the provisions of section one hundred and six, subsection one of section one hundred and eight, subsection one of section one hundred and twelve, and section one hundred and fifteen of this Act; or

(ii) Whom he believes on reasonable grounds has recently been betting in a public place contrary to the provisions of this Act; or

(iii) Who when required under this Act to state his name and address, or name or address, or to give evidence of the correctness thereof, fails so to do, or states a name and address, or name or address, or gives evidence which in the opinion of such member is false; or

(iv) If that member of the Police Force has reasonable ground to believe that proceedings against that person by summons for an offence against this Act would not be effective.

(2) In any case where power is given by this Act to arrest a person, the power and authority to proceed against that person by way of comp~aint and summons under "The Justices Acts, 1886 to 1949," shall also he.

(3) Any member of the Police Force may at any time and in any place search the clothing and person of any person arrested in pursuance of this Act and may seize, retain, and remove any instruments of betting, money, documents, and other things whatsoever found upon that person or found in his possession or under his control at the time of the arrest, including, but without limiting the aforegoing, anything which, in the

378 GAMING Vol. 6

opinion of the member of the Police Force, affords evidence as to the commission of any offence against this Act, at the time of or immediately prior to his arrest.

The provisions of this subsection shall be in addition to and not in substitution for or diminution of the provisions of section two hundred and fifty-nine of "The Criminal Code."

(4) The provisions of sections forty-three and forty-four of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949," shall apply with any necessary adaptations thereof, with respect to any person arrested for an offence against this Act.

Acts referred to: Justices Acts, 1886 to 1964, title JUSTICES. Criminal Code, title CRIMINAL LAW, Vol. 3. Vagrants, Gaming, and Other Offences Acts, 1931 to 1964, title

VAGRANTS. Section 106 relates to unlawful bookmaking. Section 108 (1) relates to the keeping of common betting houses. Section 112 has been repealed. Section 115 relates to betting in a public place.

126. Offenders against ss. 106 and 108 must appear personally before court. (1) When any person charged with or arrested for any offence against any provision of section one hundred and six or section one hundred and eight of this Act does not appear personally before the court at any time and place when and where the complaint of the said offence is to be heard or to which such hearing has been adjourned, the justices constituting the court shall-

(i) If that person has been released on bail by recognizance or on deposit of money by way of bail, order the recognizance to be estreated or the deposit by way of bail to be forfeited; and

(ii) In every such case require evidence on oath to be given before them of the matter of the said complaint (unless, in the case of any such adjournment, the matter of the complaint is already substantiated to their satisfaction by evidence on oath given prior to that adjournment), and shall, if the evidence on oath required as aforesaid or, in the case of any such adjournment, given prior to that adjournment substantiates the matter of the said complaint to their satisfaction, issue their warrant to apprehend that person and to bring him before justices to answer the complaint and to be further dealt with according to law.

(2) The provisions of section one hundred and forty-three of "The Justices Acts, 1886 to 1949," shall thereupon apply to and be observed in such proceedings.

(3) Every other provision of "The Justices Acts, 1886 to 1949," and all other enactments shall be read, construed, and applied so as not to limit the operation and effect of this section.

Act referred to: Justices Acts, 1886 to 1964, title JUSTICES.

Section 106 relates to unlawful bookmaking. Section 108 relates to the keeping of common betting houses.


127. Taxes, etc., to be debts due to Her Majesty. (1) All fees, taxes, and other moneys payable by any person under any of the provisions of this Act and unpaid may be recovered in a summary way under "The Justices Acts, 1886 to 1949," or by action as for a debt in any court of competent jurisdiction.

(2) No person shall fail to pay all fees, taxes, and other moneys payable by him under this Act at the time when those fees, taxes, or, as the case may be, other moneys become payable.

On convicting a person for an offence against this subsection the court, in addition to imposing a penalty for that offence, may order him to pay the amount of fees, taxes, and other moneys to which the conviction relates.


This section applies to bookmakers' turnover tax, s. 95B.

128. (1) Forgery of license, etc. A person shall not-(i) Forge or counterfeit any certificate, license, or other authority

granted under and for the purposes of this Act; or (ii) Utter, or make use of any such certificate, license, or other

authority so forged or counterfeited; or e iii) Personate any person named in any certificate, license, or

other authority granted under and for the purposes of this Act; or

(iv) Falsely pretend to be an officer or member of the Board; or (v) Connive at any such forging, counterfeiting, uttering, making

use, personating or pretending as aforesaid. (2) False return or declaration. No person who is required by or

under this Act to furnish a return or make a declaration shall make a return or declaration which is false or misleading in any particular.

e 3) Any person guilty of an offence against this section shall be liable to a penalty of not more than one hundred and fifty pounds or to imprisonment for any period not exceeding six months or to both such penalty and imprisonment.

129. Offences. (1) Any person who contravenes or fails to comply with any of the provisions of this Act (including any regulation, rule, order or direction made or given under this Act) shall be guilty of an offence against this Act.

(2) Every person who aids, causes, or procures, or is in any way knowingly concerned in the commission of an offence against this Act shall be deemed to have committed that offence and may be proceeded against and shall be punishable accordingly.

(3) Where by this Act any authority is given to any person to direct anything to be done or to forbid anything to be done and anything so directed to be done is not done or anything so forbidden to be done is done, then every person who has offended against such direction or, as the ca<;e may be, prohibition shall be guilty of an offence against this Act.

130. General penalty, etc. (1) Any person guilty of an offence against any provision of this Act shall, if no specific penalty is provided for that offence, be liable, in the case of a first offence, to a penalty not exceeding

380 GAMING Vol. 6

one hundred pounds or to imprisonment for a term not exceeding three months or to both such penalty and imprisonment, and in the case of a second or subsequent offence of the same kind, to a penalty not exceeding five hundred pounds or to imprisonment for a term not exceeding six months or to both such penalty and imprisonment.

(2) Where an offence against any provision of this Act is punishable by-

(i) Imprisonment only; or (ii) A penalty or imprisonment, or both,

a corporation guilty of that offence shall be liable to a penalty of not more than one thousand pounds or, if the offence is punishable by an increased penalty, a penalty of not more than two thousand pounds.

This subsection applies subject to subsections three and four of this section.

(3) Any penalty or punishment to which the person convicted may be liable upon his conviction shall be in addition to any forfeiture under this Act.

(4) Notwithstanding anything in any Act to the contrary, where any person is convicted of any offence against this Act the penalty to be imposed in respect of that offence shall not be reduced below any prescribed minimum amount of penalty.

131. Increased penalties. (1) A conviction for any offence against this Act shall not, after five years from the date of such conviction, be receivable in evidence against any person for the purpose of subjecting him to an increased penalty or to any forfeiture under this Act.

(2) A conviction for any offence against an enactment repealed by this Act shall not be receivable in evidence against any person convicted for an offence against this Act for the purpose of SUbjecting him to an increased penalty or to any forfeiture under this Act.

132. Time limits for payment of penalties, etc. (1) Where a person is adjudged by a court to pay any penalty for an offence against section one hundred and six, section one hundred and eight, section one hundred and twelve, or section one hundred and fifteen of this Act, then the justices constituting that court shall not allow time for the payment of that penalty or any part thereof or direct payment of that penalty or any part thereof to be made by instalments unless the justices are satisfied that-

(a) That person is possessed of insufficient means to enable him to pay the sum forthwith and that he has a fixed abode; or

(b) That there is special reason (whether by reason of his not being previously convicted of an offence against this Act or having regard to his character or to other special circumstances) for allowing such time or making such direction.

(2) In any case-(i) Where time is allowed by a court for the payment of a

penalty or any part thereof, then such time shall not exceed fourteen clear days;


(ii) Where payment of a penalty or any part thereof is directed by a court to be made by instalments, then the times for the payment of such instalments shall be such as will decide payment of the penalty within a period of not exceeding one month.

(3) Any justices or justice to whom application is made either to issue a warrant of execution for any sum adjudged by a court to be paid by a person convicted of an offence against this Act, or to issue a warrant of commitment for non-payment of any such sum or for default of sufficient distress to satisfy any such sum, shall not postpone the issue of such warrant unless the justices or justice are satisfied that-

(a) That person adjudged to pay the sum is possessed of insufficient means to enable him to pay the sum forthwith and that he has a fixed abode; or

(b) That there is special reason (whether by reason of his not being previously convicted of an offence against this Act or having regard to his character or to other special circumstances) for postponing the issue of such warrant.

In any case where the issue of any such warrant is postponed then such postponement shall not cxceed seven clear days.

Section 106 relates to unlawful bookmaking. Section 108 relates to keeping common betting houses. Section 112 has been repealed. Section 115 relates to betting in a public place.

133. (1) Summary proceedings. All offences against this Act may be prosecuted in a summary way under "The Justices Acts, 1886 to 1949."

(2) Time for commencement of prosecution. A prosecution for an offence against this Act may be instituted at any time within twelve months after the commission of the offence or within six months after the commission of the offence comes to the knowledge of the complainant, whichever is the later period.

(3) Power of court to make order without application therefor. In any proceedings for an offence against this Act any order which the court before which those proceedings are brought is empowered to make may be made without an application or complaint being made in respect thereof, notwithstanding anything to the contrary in this or any other Act.

( 4) In any proceedings for an offence against this Act any member of the Police Force, although not the complainant, may appear at the court on behalf of the prosecution.


For evidentiary provisions, see s. 138. For liability of persons in special cases, see ss. 134, 135. On conviction of a person for an of Ie nee, forfeiture and destruction of

instruments of betting may be ordered, s. 137.

134. Liability of certain persons. ( 1) Where a club, an athletic club, or any other body or association of persons, corporate or unincorporate, offends against this Act each and everyone of the following persons shall be deemed to have committed that offence and shall be liable to be proceeded against and punished accordingly, that is to say-

(a) Any and every member of the committee or other governing body by whatever name called of that club, athletic club, or other body or association of persons;

382 GAMING Vol. 6

(b) The secretary of that club, athletic club, or other body or association of persons; and

(c) In the case of a corporation, the managing director, manager or other governing officer by whatever name called.

(2) This section applies so as not to limit or affect howsoever the liability of an individual person or of a corporation to be proceeded against and punished for an offence against this Act committed by him or it.

135. Liability of bookmaker for offences committed by his servants and agents. Where an employee or agent, as such, of a bookmaker,~

(a) Does an act which that bookmaker is forbidden by this Act to do; or

(b) Omits to do an act which that bookmaker is directed by this Act to do,

then that bookmaker shall be deemed to have personally offended against that prohibition or direction and may be proceeded against and shall be liable to the punishment prescribed therefor.

This section applies so as not to limit or affect howsoever the liability of a person actually committing an offence against this Act.

136. Instruments of betting, etc., seized may be used in evidence. ( 1 ) Any instruments of gaming within the meaning of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949," instruments of betting, money, documents, or other things whatsoever that are seized under this Act, and any copies of, or extracts from, any books, tickets, vouchers, papers, or other documents that are made or taken under this Act, may be used in evidence in any proceedings that may be taken against any person in respect of any offence against this Act alleged to have been committed by that person, and the onus of proving that the instruments, money, documents, or things do not relate, or are not connected with any act or omission that constitutes that offence shall be on the person charged with that offence.

(2) Any instruments as aforesaid, money, documents, or other things whatsoever seized under this Act may be retained until either an order forfeiting the same to Her Majesty or some other order with respect to the same is made under this Act or an order with respect to the same is made under the provisions of section thirty-nine of 'The Justices Acts, 1886 to 1949."

Acts referred to: Vagrants, Gaming, and Other Offences Acts, 1931 to 1964, title

VAGRANTS. Justices Acts, 1886 to 1964, title JUSTICES.

See also as to seizure, s. 114 (9) (v), 122 (2) (v). As to forfeiture and destruction of instruments after conviction, see s. 137.

137. Forfeiture and destruction of instruments of betting, etc. (1) Where a person is convicted of any offence against this Act the court convicting that person may order to be forfeited to Her Majesty all or any instruments, money, documents, and other things whatsoever seized under this Act that relate to, or are connected with, the commission of the offence of which that person is convicted, or may make such other order with respect to all or any of those things as it thinks fit.

RACING AND BETTING ACTS, 1954 TO 1963 ss.134-l38 383

(2) The court before which any proceedings against any person for an alleged offence against this Act are brought, may upon the dismissal of those proceedings order to be forfeited to Her Majesty all or any instruments of gaming within the meaning of "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1949," instruments of betting, documents, and other things (with the exception of money) that were found in the possession or under the control of that person and seized under this Act or may make such other order, as it thinks fit, with respect to all or any of those things and with respect to any money that was found in his possession or under his control and seized under this Act.

(3) An order made by a court under this section, being an order for the delivery of the thing seized to the person appearing to the court to be the owner thereof, shall not be a bar to the right of any person to recover the thing by action, brought within six months next after the order is made, from the person to whom it is delivered by virtue of the order.

( 4 ) All instruments as aforesaid, documents, and other things whatsoever (save moneys) forfeited under this Act to Her Majesty shall be destroyed, dealt with, or disposed of according as the Minister may direct.

All moneys forfeited under this Act shall be paid to the credit of the Consolidated Revenue Fund.

(5) Any such forfeiture, destruction, dealing with, or disposal shall not confer upon any person any right to compensation.

Act referred to: Vagrants, Gaming, and Other Offences Acts, 1931 to 1964, title

VAGRANTS. As to seizure of instruments, see ss. 114 (9) (v), 112 (2) (v). Such instruments may be used in evidence, s. 136.

138. Evidentiary provisions. ( 1) In any proceedings under or for a purpose of this Act-

(i) It shall not be necessary to prove the appointment of a Commissioner of Stamp Duties, or of any officer, or of any member of the Police Force, or the right of any such person to do any act or take any proceedings;

(ii) A signature purporting to be that of a Commissioner of Stamp Duties, or of any officer, or of any member of the Police Force shall be taken to be the signature it purports to be until the contrary is proved;

(iii) It shall not be necessary to prove that any place is within or, as alleged, is not within any prescribed area, or locality, or part thereof, or is within or, as alleged, is not within any prescribed distance of any prescribed place, area, or locality, but this shall not prejudice the right of any defendant to prove that any place is, or is not within the prescribed area, or locality, or part thereof, or is or is not within the prescribed distance of any prescribed place, area, or locality;

(iv) Where it is material to show that any person was at any material time under the age of twenty-one years, the opinion of the court upon its own view of such person or the opinion

384 GAMING Vol. 6

of a member of the Police Force who has seen such person that such person was at the material time under the age of twenty-one years shall be evidence of that fact, but nothing herein shall be construed to prevent the age of such person being proved;

(v) A document purporting to be a duplicate original or copy of any determination, order, notice, or direction made or given under this Act or of any certificate or license issued or granted under this Act shall, upon its production in evidence, be evidence thereof and of the matters contained therein, and in the absence of evidence in rebuttal thereof shall be conclusive evidence thereof and of such matters;

(vi) A document purporting to be signed by the Commissioner of Stamp Duties and stating that at any specified time any specified person was or was not a licensed off the course bookmaker, or a licensed off the course bookmaker's agent, or a licensed off the course bookmaker's clerk, or stating that at any specified time any specified place was or was not licensed betting premises, shall, upon its production in evidence, be evidence of such matters so stated, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matters;

(vii) Until the contrary is proved, it shall be sufficient in support of an allegation in a complaint that a place is a common betting house to prove that bets were made or settled with or paid to any person or persons therein;

(viii) Where-(a) Any member of the Police Force, officer, or other person

who is authorised by or under this Act to enter or re-enter any place is wilfully prevented from, or delayed or otherwise howsoever obstructed in, entering or, as the case may be, re-entering that place or any part thereof; or

(b) Any external or internal door of, or means of access to, any place which any member of the Police Force, officer, or other person is authorised by or under this Act to enter or re-enter, is found to be secured by any bolt, bar, chain, or other means or contrivance; or

(c) Any means or contrivance is used for the purpose of preventing or obstructing or of giving an alarm in case of, the entry or re-entry into any place or part thereof of any member of the Police Force, officer, or other person authorised by or under this Act to enter or, as the case may be, re-enter that place; or

Cd) Any place is found fitted or provided with any means or contrivance for betting, or with any means or contrivance for, or capable of use for, concealing, removing, or destroying any instruments of betting,

it shall be evidence, until the contrary is proved, that the place is a common betting house and that any persons found therein are using it as such contrary to this Act;

RACING AND BETIING ACfS, 1954 TO 1963

(ix) The allegation in a complaint that(a) At any relevant time-

s.138

(i) Any place was or was not licensed betting premises; (ii) Any place was a public place;

385

(iii) A particular person was the occupier of a place mentioned in the complaint; or

(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 against him in the complaint, that evidence shall be deemed prima 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 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.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 45. The effect of subsection (2) was considered in Gorman v. Newton, Ex parte

Newton, [1958J Qd. R. 169; 53 Q.J.P.R. 1, by Mansfield, C.J., who followed Kenny v. O'Sullivan, [1953J S.A.S.R. 45, and held that the magistrate adopted a

13

386 GAMING Vol. 6

standard of proof higher than is required by law. Stanley, J., thought that it was unnecessary to decide the matter. O'Hagan, J., expressed the opinion that s. 138 (2) played no part in the magistrate's decision. The court dismissed the appeal wIth costs. See also Proberts v. Dulley, Ex parte Dulley, [1961] Qd. R. 1.

A door lock is a bolt within paragraph (viii) (b), and if people are found locked in a room and carrying on betting there, there is evidcnce that the place is a common bctting house, Symmons v. Lonergan (1919), 15 Tas. L.R. 49.

The expression "means or contrivance" in paragraph (viii) is not limited to something mechanical. A doorkeeper set to watch at the entrance and dclay entry may be stich a means or contrivance, Keith v. Bourne (No.2) (1924), 41 W.N. (N.S.W.) (c) 69.

Thc evidentiary provisions of this section are not available to the prosecution to prove a charge of keeping a common gaming-house where the warrant has not been issued under this Act, Lyons v. Wcnborn, Ex parte Wcnhorn, [1938j St. R. Qd. 464; 32 Q.J.P.R. 173.

139. (1) Avoidance of agreements by way of gaming, etc. Subject to the provisions of subsections two and three of this section-

(i) All contracts or agreements whether by parole or in writing by way of gaming or wagering shall be void;

(ii) Any promise, express or implied, to pay any person any sum of money paid by him under, or in respeet 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) When bookmaker may sue or be sued. A person who, in the course of thc lawful carrying on by him of the business of a bookmaker on or in licensed betting premises or a racecourse, 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.

Compare the Gaming Act, 1845 (8 and 9 Vic. c. 109), s. 18, for which see 1.0 Halsbury's Statutes of England, 2nd ed., p. 746.

Securities for gaming debts or for money lent for gaming are deemed to be made for an illegal consideration, sec the Mercantile Acts, 1867 to 1896. s. 43, tJtle MERCANTILE LAW.

RACING AND BETTING ACTS, 1954 TO 1963 ss.138,139 387

The test of whether an agreement is one by way of wagering is whether there was a common intention, as part of the contract, to wager. Where, therefore, the real agreement is one merely for the payment of differences and there is no obligation to deliver the subject property, it is a wagering transaction; See v. Cohen (1922), 33 C.L.R. 174. If either party has an interest in the transaction other than the mere transfer of the stake. e.g., an insurable interest, there is no wager. See 18 Halsbury's Laws of England, 3rd ed., p. 170.

Where a number of persons contribute sums of money, the whole of which is to be paid to one of them according to the result of a sporting event, the transaction is a wager and void as a contract, Miller v. Harris (1870). 1 V.R. (L.) 142. An agreement between two persons to share in winnings in a lottery or on a race or match, to which either may be entitled, is not a wager, Hodge v. Gray, [1929] Q.W.N. 4; 23 Q.J.P.R. 7; Norris v. Woods (1926), 26 S.R. (N.S.W.) 234; Barry v. Hegarty (1885),6 L.R. (N.S.W.) (L.) 64; Johnson v. Underwood (1884), 5 L.R. (N.S.W.) (L.) 88. An agreement for sale of land, payment only to be made on the contingency of the purchaser obtaining a good title from the sheriff who was then about to sell, is not a wagering contract, Stafford v. Keflniff (1912), 12 S.R. (N.S.w.) 347.

Money deposited in the hands of a stakeholder to abide the event of a wager and still in his hands may be recovered by the person so depositing it, Trimble v. Hill (1879), 5 App. Cas. 342; Bllrge v. Ashley and Smith Ltd., [1900] 1 Q.B. 744; notwithstanding that the event has happened before its return is demanded, Dilles v. Rossitllr (1864), 3 S.C.R. (N.S.W.) (L.) 29; and notwithstanding that the stakeholder has offered the stake to the winner who has requested him to keep it till later. Retch/ord v. Rohinson (1901), 3 W.A.L.R. 117. If an illegal game is unfinisheu, anu the money not paid over, either party may recover the stakes deposited by him, Melville v. Pelldreigh (1874). 5 A.J.R. 84; Dalley v. Harding (1895), 16 AL.T. 175. If the stakeholder pays the winner after the depositor has determined his authority to do so, the uepositor can recover it, Hodsoll v. Terrill (1833), 1 Cr. & M. 797; Sharp v. Morrisoll, [1921j N.Z.L.R. 254. But mere notice that the depositor claims the money is not a determination of the authority, Bechtel v. Nicholls (1904). 7 W.A.L.R. 83, Money may not be recovered from a stakeholder where, prior to determination of authority, it has been paid over to the winner, Brandon v. Hihhcrt (1814). 4 Camp. 37; Savage v. Madd('/' (1867), 36 L.J. Ex. 178, or where the winner is himself the stakeholder, and it has been appropriated by him, Bechtel v. Nicholls, slIpra.

Subsection (2) applies to subscriptions and contributions which are not wagers, and docs not validate a transaction which is in substance a wager merely because in form it is a contribution to a prize, Trimh/e v. Hill (1879), 5 App. Cas. 342.

A bankruptcy court is entitled to set aside a bankruptcy notice founded on a judgment obtained for money due under a wagering contract, notwithstanding that such judgment was obtained as the result of a subsequent compromise between the parties or that subsequently to the judgment the parties have for valuable consideration agreed that it shall be of full force and effect. See Re a Debtor; Ex parte Hogall (1925),25 S.R. (N.S.W.) 139.

The words "any sum of money paid" are not confined to money actually paid, but apply equally to money to be paid, Levy v. Warbllrton (1901), 70 L.J.K.B. 70S.

This section applies to a promise to pay money to a person in consideration of his settling the promisor's betting debts (Campbell v. Riley (1899), 9 Q.L.J. (N.C.) 124; Tatum v. Reel'e, [1893] 1 Q.B. 44).

It has been held that a uebt arising out of a loan for the purpose of enabling a debtor to pay a bet which he had lost, not being for an illegal consideration. could be proved for in bankruptcy, and the money was not paid "in respect of" a gaming contract within this Act (Re O'Shea, Ex parte Lallca'ter, [1911] 2 K.B. 981). See also Maskell v. Hill, [1921] 3 K.B. 157.

As to partnerships in betting businesses. see SafJery v. Mayer, [1901] 1 K,B. 11: Thw(/it~s V. COllltlzll'aite, [1896] 1 Ch. 496; Hyams v. Stuart King, [1908] 2 K.B. 696.

The expression "no action shall be brought" makes this Act part of the lex fori. thereby operating upon transactions which have taken place abroad if the suit is bi'Ought in England, MOll/is v. Owen, [1907] 1 K.B. 746.

A defence unuer this section must be pleaded, Camphe/l v. Riley (1899), 9 QU. (N.C.) 124.

388 GAMING Vol. 6

For examples of agreement held unenforceable as being within the meshes of this section, see Pentis and Pentis v. Honianakis, [1948] St. R. Qd. 237; MacDonald v. Green, [1951] 1 K.B. 594; [1950] 2 All E.R. 1240; [1950] 2 T.L.R. 649 (money lent, with a stipulation, to be inferred from the circumstances, that it was to be applied solely in payment of a betting debt, held by the Court of Appeal irrecoverable). See also Law v. Deamley, [1950J 1 KB. 400; [1950] 1 All E.R. 124; [1950] 1 T.L.R. 156.

See also Day v. William Hill (Park Lane) Ltd., [1949] 1 KB. 632; [1949] 1 All E.R. 219; 65 T.L.R. 73; Hill v. William Hill (Park Lane) Ltd., [1949] A.C. 530; [1949] 3 All E.R. 452; 65 T.L.R. 471; William Hill (Park Lane) Ltd. v. Rose, [1948] 2 All E.R. 1107; [1949] 65 T.L.R. 34; 43 Q.J.P. 36; Coral v. Kleyman, [1951] 1 All E.R. 518. Some of these cases are more fully noted under s. 8 of the Suppression of Gambling Acts, 1895 to 1956, p. 399, post.

To bring an action prohibited by this legislation, although not of itself a contempt, is an abuse of the process of the court, R. v. Weisz, Ex parte Hector MacDonald Ltd., [1951] 2 KB. 611; [1951] 2 All E.R. 408; [1951] 2 T.L.R. 337.

An agreement between a principal and a commission agent whereby the latter agrees to execute a commission on a racecourse and pay the proceeds of such bets to the latter has been held not to be a contract by way of gaming or wagering, Fisher v. Davis (1946), 63 W.N. (N.S.W.) 218.

For English cases, see 25 English and Empire Digest (Rpl.), p. 416; 18 Halsbury's Laws of England, 3rd ed., p. 168.

140. Protection of the Minister, officers, etc. No matter or thing done by the Minister, or by a Commissioner of Stamp Duties, or by any person acting with the authority of the Minister, or of a Commissioner of Stamp Duties, 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 member of the Police Force, officer, or other person, as aforesaid to any liability in respect thereof.


141. Limitation of actions. (1) An action shall not be brought against any person for anything done or intended or omitted to 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 twelve 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 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) 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.

As amended by Act of 1963, No. 32, s. 9.


142. (1) Penalties, etc., payable to Consolidated Revenue Fund. Unless otherwise indicated or provided, all forfeitures, penalties, fees, taxes, and other moneys recovered under this Act shall be paid into and become part of the Consolidated Revenue Fund:

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 be 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 be paid and applied-in accordance with such award and the balance into the Consolidated Revenue Fund.

(2) Cost of administration. The cost of the administration of this Act shall be paid out of moneys from time to time appropriated by Parliament for the purpose.

143. Service of orders, etc. (1) Any determination, order, notification, or direction that is required or permitted under this Act to 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 of persons 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.

Service by post-see Waltham stow Urhan District Council v. Henwood, (1897) 1 Ch. 41 (necessity for proving prepayment of postage). As to posting generally, see 22 English and Empire Digest (Rpl.), p. 361; 15 Halsbury's Laws of England, 3rd ed., p. 406.

390 GAMING Vol. 6

144. Regulations. ( 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:-

(i) Duties of officers, etc. Prescribing, regulating and controlling the powers and duties of officers including inspectors of totalisators and, for the purposes of this Act, of all or any members of the Police Force;

(ii) Totalisators. Prescribing terms and conditions for totalisator licenses; providing for the regulation and management of totalisators; providing for the supervision of totalisators whereat inspectors of totalisators are not in 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) Returns, etc. Prescribing returns of any prescribed information, statistics, and data to be furnished to the Minister or the Commissioner of Stamp Duties, 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;

(iiia) Regulating and controlling the conduct of licensed off the course bookmakers, licensed off the course bookmaker's agents, or licensed off the course bookmaker's clerks, the opening and closing of licensed betting premises, the resorting by persons thereto, and betting by and with licensed off the course bookmakers or licensed off the course bookmaker's agents;

(iv) Appeals. 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;

RACING AND BETTING ACTS, 1954 TO 1963 s.144 391

(v) Racecourses, etc. 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) Rules of clubs. 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) Mechanical quarries. 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) Fees. 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;

(ix) Penalty and punishment. Prescribing the amount of any penalty or punishment by imprisonment for any offence 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) Forms. Prescribing forms under this Act and the respective purposes for which such forms or forms to the like effect shall be used; and

(xi) General. Prescribing all matters or things which by this Act are required or permitted to be prescribed save such of those matters and things as arc 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 mayor may not differ from any other regulation of specially limited application with respect to the same persons, matters, or things.

392 GAMING Vol. 6

. 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.

As amended by Act of 1961, 10 Eliz. 2 No. 54, s. 47. For regulations, see Table of Contents, p. 259, ante. As to validity of

regulations generally, see Preliminary Note to title ACTS OF PARLIAMENT, Vol. 1, p. 72.

For other subjects of regulations in relation to the licensing of racecourses and coursing grounds, see s. 52.

145. Further powers with respect to Orders in Council and regulations, etc. ( 1 ) When under this Act power is had to make or give any Pr.oclamation, Order in Council, regulation, rule, order, notification, or direction, power shall be had to make or, as the case may be, give one or more Proclamations, Orders in Council, regulations, rules, orders, 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 Commissioner of Stamp Duties, with the approval of the Minister, from time to time may by a further rule revoke, amend, or otherwise modify any rule made by him under this Act.

(b) 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 rcspect to the subject matter of that misnomer, inaccurate description, or omission provided the same is designated so as to be understood.

146. Publication of Proclamations, etc. ( 1) Every Proclamation, Order in Council, 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

RACING AND BETTING ACTS, 1954 TO 1963 s. 144-Sch. I 393

(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 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, but 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 [Section 4]

------------------------------,-------------

Year and Number of Act

Short Title Extent of Repeal

--------------------- --- ----------

14 Vic. No.9

53 Vic. No.2

56 Vic. No. 15

59 Vic. No.9

2 Edw. 7 No.4

14 Geo. 5 No. 23

21 Geo. 5 No. 27

22 Geo. 5 No. 9

1 Edw. 8 No. 24

11 Geo. 6 No. 3

12 Geo. 6 No. 40

"The Gaming Act of 1850"

'The Totalisator Restriction 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 8

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, twentythree, twenty-four, and twenty-six of that Act

The whole Act

The whole Act

394 GAMING Vol. 6

THE SECOND SCHEDULE [This Schedule substituted a new definition "Gaming Acts" in section 2 of .the

Art Union Regulation Acts, p. 265, ante, and in section 2 of the Vagrants, Gammg, and Other Offences Acts, title VAGRANTS.]

THE THIRD SCHEDULE THE RACING AND BETTING ACT OF 1954

[Section 122] WARRANT

Queensland ( To wit. , 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 of 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 this day of 19

A Justice of the Peace.

THE RACING AND BETTING ACTS, 1954 to 1963 · 289 THE RACING AND BETTING ACTS, 1954 to 1963 Racing...

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