Australian Capital Territory Repealed Acts Australian Capital Territory Repealed ActsThis legislation has been repealed.
Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• ACT
• indictable offence (see s 190)
• judge
• police officer
• territory lease
• under.
"betting" includes the negotiation, acceptance and settling of bets by or with a bookmaker or any other person, and the transfer of money or any other valuable thing in connection with bets.
"betting offence" means an offence, in relation to betting, against—
(a) this Act; or
(b) the Games, Wagers and Betting Houses Act 1901; or
(c) the Unlawful Games Act 1984.
"bookmaker "means a race bookmaker or a sports bookmaker.
"common gaming house" means premises opened, kept or used (whether for invitees only or otherwise) for or in relation to unlawful betting or unlawful gaming.
"gaming offence" means an offence, in relation to gaming, against—
(a) this Act; or
(b) the Games, Wagers and Betting Houses Act 1901; or
(c) the Unlawful Games Act 1984.
"ground" means land, including any buildings on the land, and any room to which persons are admitted, either at all times or only at certain times, whether on payment of an entrance fee or charge or otherwise, for the purpose of taking part in or of witnessing any sports.
"instrument of betting" means any thing—
(a) used for or in relation to betting; or
(b) designed or adapted for use for or in relation to betting.
"instrument of gaming" means any thing—
(a) used for or in relation to gaming; or
(b) designed or adapted for use for or in relation to gaming.
"loiter" means to idle or linger about.
"occupier", of a house, office, room, or other place, or of land or a building, includes a lessee or sublessee who is not the owner.
"owner" includes—
(a) for a house, office, room, or other place, or land or building—
(i) a lessee under a territory lease; or
(ii) a person who is in receipt of, entitled to receive (or, if the place, land or building were let, would be entitled to receive), its rents and profits; and
(b) for a subleased house, office, room, or other place, or a building—a sublessee.
"place," in the expression house, office, room, "or" other place, includes a tent, ship, boat, building, erection, road, street, thoroughfare, alley, right of way (whether public or private), and all land (whether public or private) enclosed or otherwise.
"public place" includes—
(a) every place to which the public are permitted to have access tacitly or otherwise and whether on payment of money or not; and
(b) any premises in relation to which a licence granted under the Liquor Act 1975 is in force; and
(c) any shop, any part of a building occupied in connection with, or for the purposes of, a shop; and
(d) any factory and the appurtenances of any factory; and
(e) any building occupied by any club and the appurtenances of the building; and
(f) any place commonly used by the public, whether as trespassers or otherwise;
but does not include a sports bookmaking venue, or a racecourse at any time during which a race meeting is in progress or would, apart from its cancellation or postponement, be in progress, being a race meeting in relation to which ACTTAB Limited is providing, or would, apart from such a cancellation or postponement, be providing offcourse totalisator betting facilities, an office or agency of ACTTAB Limited or an office from which a pool betting scheme approved under the Pool Betting Act 1964 is being carried on.
"racecourse" means a licensed racecourse for the Racing Act 1999.
"race bookmaker"—see the Race and Sports Bookmaking Act 2001, dictionary.
"race meeting" means—
(a) a meeting held at a racecourse to conduct races; and
(b) an attendance of persons at a racecourse—
(i) at a time during which races at that racecourse would, apart from their cancellation or postponement, have been conducted; and
(ii) for the purpose of betting on races conducted at another racecourse, whether in the ACT or elsewhere.
"sports" means bicycle races, footraces, horse races, pony races, trotting races, cricket or football matches, swimming carnivals, or any other game, exercise, pastime, or any fight or contest.
"sports betting venue" means a place that is a sports bookmaking venue under the Race and Sports Bookmaking Act 2001 at a time when, under that Act, sports bookmaking is permitted at the place.
"sports bookmaker"—see the Race and Sports Bookmaking Act 2001, dictionary.
"street" means every public street, thoroughfare, private street or road commonly used by or to which the public are permitted to have access, but does not include a sports bookmaking venue.
"unlawful game"—see the Unlawful Games Act 1984, section 3 (Definitions for Act).
Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.
Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote.
If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
|
am = amended |
ord = ordinance |
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amdt = amendment |
orig = original |
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ch = chapter |
par = paragraph/subparagraph |
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def = definition |
pres = present |
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dict = dictionary |
prev = previous |
|
disallowed = disallowed by the Legislative |
(prev...) = previously |
|
Assembly |
pt = part |
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div = division |
r = rule/subrule |
|
exp = expires/expired |
renum = renumbered |
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Gaz = gazette |
reloc = relocated |
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hdg = heading |
R[X] = Republication No |
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IA = Interpretation Act 1967 |
RI = reissue |
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ins = inserted/added |
s = section/subsection |
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LA = Legislation Act 2001 |
sch = schedule |
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LR = legislation register |
sdiv = subdivision |
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LRA = Legislation (Republication) Act 1996 |
sub = substituted |
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mod = modified/modification |
SL = Subordinate Law |
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o = order |
underlining = whole or part not commenced |
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om = omitted/repealed |
or to be expired |
This Act was originally a NSW Act—the Gaming and Betting Act 1906 No 13 (NSW).
The Act was in force in NSW immediately before 1 January 1911 (the date of establishment of the ACT) and was continued in force by the Seat of Government Acceptance Act 1909 (Cwlth), s 6.
Under the Seat of Government (Administration) Act 1910 (Cwlth), s 4 the Act had effect in the ACT as if it were an ACT law (subject to ordinances made under the Seat of Government (Administration) Act 1910).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4) converted most former NSW laws in force in the ACT into ACT enactments. This allowed the ACT Legislative Assembly to amend and repeal the laws. This Act was converted into an ACT enactment on 11 May 1989 (self-government day).
Under the Interpretation Act 1967 (repealed), s 65 all former NSW Acts in force in the ACT immediately before 10 November 1999 (including this Act) became, for all purposes, laws made by the ACT Legislative Assembly. This completed the process of making former NSW Acts fully into ACT laws.
Before 11 May 1989, ordinances commenced on their notification day unless otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth), s 12).
After 11 May 1989 and before 10 November 1999, Acts commenced on their notification day unless otherwise stated (see Australian Capital Territory (Self-Government) Act 1988 (Cwlth) s 25).
NSW legislation
Gaming and Betting Act 1906 No 13
assented to 8 October 1906
commenced 8 October 1906
as amended by
Gaming and Betting (Amendment) Act 1906 No 55
assented to 28 December 1906
commenced 28 December 1906
Gaming and Betting (Amendment) Act 1907 No 2
assented to 12 July 1907
commenced 12 July 1907
Commonwealth legislation
Racecourses Ordinance 1935 No 19
notified 5 December 1935 (Cwlth Gaz No 68)
commenced 5 December 1935
Gaming and Betting Ordinance 1945 No 10
notified 13 September 1945
commenced 13 September 1945
Racecourses Ordinance 1946 No 3
notified 28 March 1946
commenced 28 March 1946
Gaming and Betting Ordinance 1964 No 16
notified 28 August 1964
commenced 1 September 1964 (s 2)
Ordinances Revision (Decimal Currency) Ordinance 1966 No 19
notified 23 December 1966
commenced 23 December 1966
Gaming and Betting Ordinance 1967 No 42
notified 7 December 1967
commenced 7 December 1967
Gaming and Betting Ordinance 1968 No 14
notified 25 July 1968
commenced 25 July 1968
Gaming and Betting (Amendment) Ordinance 1982 No 99
notified 31 December 1982
commenced 31 December 1982
New South Wales Acts Application Ordinance 1984 No 41
notified 10 August 1984
commenced 10 August 1984
Magistrates Court Ordinance 1985 No 67 sch pt 1
notified 19 December 1985
commenced 1 February 1986 (s 2 and Cwlth Gaz 1986 No G3)
Gaming and Betting (Amendment) Ordinance 1986 No 36
notified 7 August 1986
commenced 7 August 1986
Gaming and Betting (Amendment) Ordinance 1987 No 60
notified 30 October 1987
commenced 30 October 1987
Gaming and Betting Laws Amendment Ordinance 1987 No 61
notified 30 October 1987
commenced 30 October 1987
Self-Government (Consequential Amendments) Ordinance 1989 No 38 sch 2 pt 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 2 pt 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989 No S164)
Legislation after becoming Territory enactment
Acts Revision (Arrest Without Warrant) Act 1989 No 23 s 7
notified 1 December 1989 (Gaz 1989 No S38)
commenced 1 December 1989
Statute Law Revision (Miscellaneous Provisions) Act 1992 No 23 sch 1
notified 4 June 1992 (Gaz 1992 No S71)
commenced 4 June 1992
Gaming and Betting (Amendment) Act 1994 No 30
notified 28 June 1994 (Gaz 1994 No S114)
commenced 1 July 1994 (s 2)
Gaming and Betting (Amendment) Act (No 2) 1994 No 54
notified 5 October 1994 (Gaz 1994 No S196)
s 1, s 2 commenced 5 October 1994 (s 2 (1))
remainder commenced 14 October 1994 (s 2 (2) and Gaz 1994 No S226)
Statute Law Revision (Penalties) Act 1998 No 54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and Gaz 1998 No 49)
Racing Act 1999 No 1 sch 3
notified 26 February 1999 (Gaz 1999 No S7)
s 1, s 2 commenced 26 February 1999 (s 2)
remainder commenced 1 July 2001 (Gaz 2001 No S42)
Legislation (Consequential Amendments) Act 2001 No 44 pt 163
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 163 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)
Race and Sports Bookmaking Act 2001 No 49 sch 2 pt 2
notified 12 July 2001 (Gaz 2001 No 28)
s 1, s 2 commenced 12 July 2001 (IA s 10B)
sch 2 pt 2 commenced 7 September 2001 (s 2 and Gaz 2001 No S68)
Statute Law Amendment Act 2001 (No 2) 2001 No 56 pt 3.25
notified 5 September 2001 (Gaz 2001 No S65)
s 1, s 2 commenced 5 September 2001 (IA s 10B)
amdts 3.363, 3.373, 3.374, 3.386, 3.387 commenced 12 September 2001 (s 2 (2))
pt 3.25 remainder commenced 5 September 2001 (s 2 (1))
Planning and Development (Consequential Amendments) Act 2007 A2007-25 sch 1 pt 1.14
notified LR 13 September 2007
s 1, s 2 commenced 13 September 2007 (LA s 75 (1))
sch 1 pt 1.14 commenced 31 March 2008 (s 2 and see Planning and Development Act 2007 A2007-24, s 2 and CN2008-1)
as repealed by
Unlawful Gambling Act 2009 A2009-39 s 51
notified LR 17 November 2009
s 1, s 2 commenced 17 November 2009 (LA s 75 (1))
s 51 commenced 22 March 2010 (s 2 and
CN2010-2)
The New South Wales Acts Application Act 1984, sch 2, pt 18 sets out the text of this Act in an amended form and provided for the amended form to apply as the text of the Act in force in the ACT. This endnote, therefore, only details amendments made after the enactment of the 1984 Act.
Long
title
long title sub 2001 No 56
3.360
Name of
Act
s 1 sub 2001 No 56
3.361
Dictionary
s
2 def principal Act om 2001 No 56 amdt
3.368
defs reloc to dict 2001 No 56
amdt 3.373
sub 2001 No 56 amdt
3.374
Application
s
2A ins 1987 No 61 s 19
am 2001 No 56
amdt 3.375
Use of house etc in contravention of this
Act
s 3 am 1987 No 61 s 20; 2001
No 56 amdt 3.376
s 3A om 1987 No 60 s
3
Use of house as common gaming house
etc
s 4 am 1987 No 60 s 4; 1998
No 54 sch
sub 2001 No 56 amdt
3.377
Use of land for access to common gaming
house etc
s 5 am 1987 No 60 s 5;
1998 No 54 sch
sub 2001 No 56 amdt
3.377
Eviction of occupier of
house
s 6 am 2001 No 56 amdts
3.378-3.382
Cancellation of notice to
quit
s 7 sub 2001 No 56 amdt
3.383
Declaration of common gaming
house
s 8 am 2001 No 44 amdts
1.1882-1.1885; 2001 No 56 amdt 3.384, amdt 3.385
Rescission of
declaration
s 9 am 2001 No 44
amdts 1.1886-1.1888; 2001 No 56 amdt 3.386, amdt 3.387
Publication of notice of declaration or
rescission
s 10 am 1989 No 38 sch
2 pt 1
om 2001 No 44 amdt
1.1889
Service of notice of
declaration
s 11 sub 2001 No 56
amdt 3.388
Being in etc a common gaming
house
s 12 am 1985 No 67; 1987 No
60 s 6; 1989 No 23 s 7; 1998 No 54 sch; 2001 No 44
amdt1.1890
sub 2001 No 56 amdt
3.389
Declared premises used in contravention of
Act after notice served on
owner
s 13 am 1987 No 60 s 7;
1998 No 54 sch
sub 2001 No 56 amdt
3.390
Declared premises used in contravention of
Act after notice served on
occupier
s 14 am 1987 No 60 s 8;
1998 No 54 sch
sub 2001 No 56 amdt
3.390
Police power to enter declared
premises
s 15 am 1986 No 36; 1987
No 61 s 21; 2001 No 56 amdts 3.391-3.398
s 16 om 1987 No 60 s
9
Evidence of use of premises as common gaming
house
s 17 am 2001 No 56 amdts
3.399-3.404
Prohibited
bookmaking
s 17A ins 1987 No 61 s
22
am 1994 No 54 s 5; 1998 No 54
sch; 2001 No 49 amdt 2.18; 2001 No 56 amdt 3.405
Prohibited
betting
s 17B ins 1987 No 61 s
22
am 1994 No 30 s 4; 1994 No 54 s
6; 1998 No 54 sch; 2001 No 49 amdt 2.18; 2001 No 56 amdt 3.406
Possession of instruments of
betting
s 17C ins 1987 No 61 s
22
am 1998 No 54 sch; 2001 No 56
amdt 3.407
Possession of instruments of
gaming
s 17D ins 1987 No 61 s
22
am 1998 No 54 sch; 2001 No 56
amdt 3.407
Emergency search of vehicles
etc
s 17E ins 1987 No 61 s
22
Requirement to give name and
address
s 17F hdg sub 2001 No 56
amdt 3.408
s 17F ins 1987 No 61 s
22
am 1998 No 54 sch; 2001 No 56
amdt 3.409
Street
betting
s 18 am 1987 No 60 s 10;
1987 No 61 s 23;1992 No 23 sch 1; 1998 No 54 sch; 2001 No 44 amdt
1.1891
sub 2001 No 56 amdt
3.410
Recovery of money received
illegally
s 19 sub 2001 No 56
amdt 3.411
s 19A om 1987 No 60 s
11
Betting
information
s 19B am 1987 No 60 s
12; 1994 No 30 s 5; 1994 No 54 s 7; 1998 No 54 sch; 2001 No 49 amdt 2.18; 2001
No 56 amdts 3.412-3.416
Averment about races
etc
19C am 2001 No 56 amdt 3.417,
amdt 3.418
s 20 om 1987 No 60 s
13
s 21 om 1987 No 60 s
13
s 22 am 1985 No
67
om 1987 No 60 s
13
Prohibition on betting with
children
s 23 am 1987 No 60 s 14;
1992 No 23 sch 1; 1998 No 54 sch
sub
2001 No 56 amdt 3.419
Presumption about sender of
document
s 24 sub 2001 No 56 amdt
3.419
Presumption of knowledge that person a child
etc when document sent
s 25 sub
2001 No 56 amdt 3.419
Presumption of knowledge that person a child
if bet with child
s 26 sub 2001
No 56 amdt 3.419
Recovery of stolen etc money used for
betting by child
s 27 sub 2001 No
56 amdt 3.419
Certain offences may be dealt with
summarily
s 28 ins 1987 No 60 s
15
am 1998 No 54
sch
Forms
sch om
2001 No 44 amdt 1.1992
Dictionary
dict ins
2001 No 56 amdt 3.420
am A2007-25
amdt 1.64
def betting
ins 1987 No 61 s 18
reloc
from s 2 2001 No 56 amdt 3.362
def
betting offence ins 1987 No 61 s
18
sub 2001 No 56 amdt
3.362
reloc from s 2 2001 No 56 amdt
3.373
def bookmaker
sub 2001 No 56 amdt
3.363
reloc from s 2 2001 No 56 amdt
3.373
def common gaming house
ins 1987 No 61 s 18
reloc
from s 2 2001 No 56 amdt 3.362
def
gaming offence ins 1987 No 61 s
18
sub 2001 No 56 amdt
3.364
reloc from s 2 2001 No 56 amdt
3.373
def ground am
2001 No 56 amdt 3.365
reloc from s 2
2001 No 56 amdt 3.373
def
instrument of betting ins 1987 No 61 s
18
reloc from s 2 2001 No 56 amdt
3.362
def instrument
of gaming ins 1987 No 61 s
18
reloc from s 2 2001 No 56 amdt
3.362
def loiter reloc
from s 2 2001 No 56 amdt 3.362
def
occupier sub 2001 No 56 amdt
3.366
reloc from s 2 2001 No 56 amdt
3.373
def owner sub
2001 No 56 amdt 3.367
reloc from s 2
2001 No 56 amdt 3.373
am A2007-25
amdt 1.65
def place
reloc from s 2 2001 No 56 amdt
3.362
def principal place
reloc from s 2 2001 No 56
amdt 3.373
def public
place am 1994 No 54 s 4; 2001 No 49 amdt 2.15; 2001 No 56 amdts
3.369-3.371
reloc from s 2 2001 No
56 amdt 3.373
def racecourse
ins 1987 No 61 s 18
sub 1999
No 1 sch 3
reloc from s 2 2001 No 56
amdt 3.373
def race
meeting ins 1987 No 61 s
18
reloc from s 2 2001 No 56 amdt
3.362
def race bookmaker
ins 2001 No 56 amdt
3.420
def sports reloc
from s 2 2001 No 56 amdt 3.362
def
sports betting venue ins 1994 No 54 s
4
sub 2001 No 49 amdt
2.16
reloc from s 2 2001 No 56 amdt
3.373
def sports bookmaker
ins 2001 No 56 amdt
3.420
def street am
1994 No 54 s 4; 2001 No 49 amdt
2.17
reloc from s 2 2001 No 56 amdt
3.373
def unlawful game
ins 1987 No 61 s 18
sub 2001
No 56 amdt 3.372
reloc from s 2 2001
No 56 amdt 3.373
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
|
Republication No |
Amendments to |
Republication date |
|
1 |
Act 1992 No 23 |
31 August 1992 |
|
2 |
Act 1994 No 54 |
31 January 1996 |
|
3 |
A2001-56 |
31 July 2002 |
|
4 |
A2007-25 |
31 March 2008 |
© Australian Capital
Territory 2010
Australian Capital
Territory
A1906-13
Republication No 5
Effective: 22 March 2010
Republication date: 22 March 2010
As repealed by A2009-39 s 51
Unauthorised version prepared by ACT Parliamentary Counsel's Office
About this republication
The republished law
This is a republication of the Gaming and Betting Act 1906 (repealed) (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)). It also includes any amendment, repeal or expiry affecting the republished law to 22 March 2010
.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol U appears immediately before the provision heading. The text of the uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133).
Australian Capital
Territory
Gaming and Betting Act 1906 (repealed)
Endnotes
Australian Capital
Territory
Gaming and Betting Act 1906 (repealed)
An Act for the regulation and suppression of gaming, betting, and wagering,
to restrict the holding of race meetings, and for related
purposes