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ANNO UNDECIMO

GEORGII V REGIS.

A.D. 1920.

************************************************************

No. 1447.

An Act to further amend the Lottery and Gaming Act,

1917.

and for other purposes.

[A ssented to, December 9th, I920.J

B

E it Enacted by the Governor of the State of South Australia, with the advice and consent of the Parliament thereof, as follows:

1. (1) This Act may be cited alone as the " Lottery and Gaming Act Amendment Act, 1920."

(2) The Lottery and Gaming Acts, 1917 and 1919, and this Act may be cited together as the "Lottery and Gaming Acts, 1917 to 1920."

(3) The Lottery and Gaming Act, 1917, is hereinafter referred to as "the principal Act"

Short titles.

~o. 1286 of 1917.

No. 1382 of 1919.

2.

This Act is incorporated with the other Acts mentioned in Incorporation with

section 1 of this Act, and those Acts and this Act shall be read as otht>r Acts.

one Act.

A.mendments.

3. The definition of" public place" contained in section 4 of the A~e~dment of

principal Act is amended bv adding at the end thereof the following pnnClpal Act, s. 4-

- Definition of "public

passage.- place."

"and also--

(a) any premises in respect of which a licence granted under the provisions ofthe Licensing Act. 1917, is in

force; .

(b) any

1447

(2)

Amendment of principal Act, s. 21 (1)- 1..icences for other racecourses.

110

GEORGII V, No.

1447.

Lottery and Gaming Act Amendment Act.-1920.

(b) any shop, and any part of a building occupied in connec- tion with, or for the purposes of, a shop;

(c) any factory, and the appurtenances of any factory; and (d) any building or place occupied by any club (whether

a racing club or not), and the appurtenances thereof.

4. Subsection (1) of section 21 of the plincipal Act is amended by substituting the word "ten" for the word "twenty" in the second line of the said subsection.

A~e~dment of 5. Section 22 of the principal Act is amended by the striking out

pnnclpal Act, s. 2:!- in the first second and third lines thereof the passage' "shall

Number of times h ' b ' 1 b h . d 'h

totaliza.tor may be sanctIon t e use y anyone c u at t e same hme an on t e same

used. racecourse of more than one totalizator nor "

Repea.l of s.

2.

of

principal Act and substitution of neW"

section- Club to render acr.ount.

6. Section 24 of the principal Act is repealed and the follow- ing section is substituted therefor:-

24. (1) Within twenty-oue days after every race meeting held on any day for which any licence is granted under this Act, every club so licensed shall deposit with the Commissioner of Police a full and true account under the hand of its secretary, or the hands of two members of its committee or executive body, showing-

(a) the sums received by such club through the totalizator on the occasion of the use thereof under such licence;

(b) the amount paid in dividends through the totalizator on such occasion;

(c) the amount of commission retained by such club;

(d) the manner in which such commission has been expended; and

(e) the amount of dividends unclaimed by the persons entitled to receive the same.

(2) Wit.hin twenty-one days after the last day for which any licence is granted under this Act every club so licensed shall deposit with the Commissioner of Police a correct schedule of the names, addresses and occupation of its members.

(3) The amoun t of all dividends unclaimed for a period of two months after they became payable by the persons entitled to receive the same shall be paid by the club holding such dividends to the Commissioner of Police, who shall pay the same to the Treasurer of the State to be applied by him for the public uses of the State.

(4) If any club fails to observe any provision of this section, the chairman thereof shall be deemed to be guilty of an offence against this Act.

Penalty- Not less than Twenty Pounds nor more than Fifty Pounds.

7.

(1) Section

(3)

11°

GEORGII V, No.

1447. 3 Lottery and Gaming Act Amendment Act.-1920.

7. (1) Section 39 of the principal Act is amended by substituting A~e~dment of

for the passage "Penalty-Fifty Pounds" at the foot thereof the pnnClpal Act, s. 39-

following passage :-" Penalty-.For a first offence, not less than

:t::'

g in public

Five Pounds and not more than Fifty Pounds; for a second offence, not less than Twenty Pounds and not more than One Hundred Pounds; and for any subsequent oftEmce not less than One Hun- dred Pounds and not more than Two Hundred Pounds."

(2) Where any person has, prior to the passing of this Act, been convicted once or oftener of an offence against section 39 of the principal Act, such one or more convictions shall not be taken into consideration for the purposes of the said section as hereby amended.

8. Section 44 of the principal Act is repealed and the following Amendment of

section is substituted therefor:- principal Act, s. u-

44. (I) If any member of the Police Force has reasonable Removal from

grounds for suspecting that on any place upon which is then racecour8esof persons

S u8pected of offences.

being carried on any horse racing, foot racing, cycle racing, football match, cricket match, or any other sport of a kind usually attended by the public, any person is engaged, or has on that day been engaged, in doing any act in contravention of any of the provisions of this Act, such member of the Police Force may, without warrant, arrest such person and remove him from such place.

(2) No person who has been so removed from any such place shall, during the day on which he was so removed, re-enter or be again upon such place.

Penalty-Fifty Pounds.

(3) No member of the Police Force who has acted bona fide in the intended exercise of the powers conferred on him by subsection (1) of this section shall be liable to any proceedings.

civil or criminal, in consequence of his having so acted.

9. Section 47 of the principal Act is amended- Amendment of principal Act, s. 47-

(a) by striking out in the second line thereof the word Betting houses or

" pl'lnClpa) ,anc . . 11 T " 1 rooms common gaming to be deemed

(b) by striking out in the seventh and eighth lines thereof the houses.

word "principal" where it occurs in each of the said lines.

10. Section 69 of the principal Act is repealed, and the following Repeal of 8.69 of

t· . b t't t d th f prin(lipal Act and

sec Ion IS su S 1 U e ere or: - 8ubstitution of new

69. No member of the Police ]:<'orce acting under the orders or section.

. . f h b f h F· h ' h' . Member of Police

mstructtons 0 any ot er mem er 0 suc orce w 0 IS IS superIor Force and other

in rank, and no other person acting under the lawful instruc. authorised persona

. f b f h' P l' F h II b d d b not to be convicted

tlOns 0 any mem er 0 t e o Ice orce, s a e eeme to e or to be accomplices.

an accomplice in the commission of any offence against this A.ct,

(4)

;~. ,.

Clubs to provide totalizator on tbfl Flat.

No females to be employed about a totalizator.

11°

GEORGII V, No.

1447.

Lottery and Gaming Act Amendment Act.-1920.

Act, nor shall the member giving such order or instructions,.

nor the member or other person who acts in pursuance or attempted pursuance thereof be liable to conviction or punish- ment for any act or matter clone or committed by either of them in relation to or under such order or instructions, although, but for this section, such members or other person or any of them might have been deemed to be such accomplices or accomplice or have been liable to such conviction or punish-

ment. .

Additional Provision.

11.

(1) No licence to use the totalizator shall be granted to any club unless the Commissioner of Police is satisfied that such club provides or will provide facilities for the public to use t.he totalizator on those portions of the racecourse known as the

"Grandstand," " Derby," and" Flat," on payment of Two Shillings and Sixpence per ticket on every day on which the totalizator is.

used on any other portion of the racecourse: Provided that in the case of any racecourse situated more than forty miles from the General Post Office at Adelaide it shall not be necessary to provide a totalizator on that part of the racecourse known as "The Flat."

(2) If, in the opinion of the Commissioner of Police, such facilities as aforesaid are not being provided, the said Commissioner may at any time, after having given at least two months' notice in writing to the club concerned, revoke the said licence.

(a) This section shall not come into force until three months·

after the passing of this A ct.

12.

Notwithstanding anything contained in this Act, no female shall be employed in any capacity in connection with the work in or about a totalizator. If any club fail~ to observe this provisiont

the chairman thereof shall be deemed to be guilty of an offence.

Penalty-Not less than Ten Pounds nor more than Fifty Pounds for each offence

In the name and on behalf of His Majesty, I hereby assent t() this Bill.

W. E. G. A. WEIGALL, Governor.

Adelaide: By authority, R. E. E. RoGERS, Government Printer, North Terrace.

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