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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
The following Bills are cognate with this Bill:
Racing Administration Bill 1998
Gambling (Twoup) Bill 1998
( a ) to prohibit. in the public interest. certain forms of gambling.
(b) to prevent the loss of public revenue that is derived from lawful forms
of gambling.
( c ) to deter criminal influence and exploitation in connection with
gambling activities.
This Bill is part of a lesislative package which involves rewriting the Gaming
and Betting Act 1912 in a more modern form.
* Amended in committee--see table at end of volume.
In updating the provisions of the Gaming and Betting Act 1912, this Bill:
(a)
removes a number of obsolete concepts and provisions (such as the
offence relating to reputed cheats) while strengthening existing
prohibitions that are still relevant in the public interest, and
(b)
rationalises and identifies more clearly the forms of gambling that are
lawful and those that are unlawful, and
(c) continues existing prohibitions such as carrying on unlicensed
bookmaking activities, conducting or playing unlawful games (eg
games of chance that are associated with casino gaming) and operating
premises that are used for gambling.
This Bill also amends the Crimes Act 1900 to create an indictable offence of
conducting an unlawful gambling operation (ie an organised operation that
involves certain elements such as running at least 2 premises used for
gambling).
Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation.
Clause 3 specifies the objects of the proposed Act as described in the above
overview.
Clause 4 defines certain words and expressions used in the proposed Act.
The term gambling is used in the proposed Act as a collective term that
includes gaming. betting or wagering.
Clause 5 defines the term unlawful game in much the same way as it is
presently defined under section 17 of the Gaming and Betting Act 1912. The
term generally covers those types of games that are associated with casino
gaming.
Clause 6 defines the term prohibited gaming device. The term generally
covers devices that are designed or used for the purposes of gambling.
Clause 7 specifies the forms of gambling that are lawful under other Acts
(and will therefore not be prohibited by the proposed Act). These lawful
forms of gambling include totalizator betting conducted in accordance with
the Totalizator Act 1997, gambling at the licensed casino and conducting or
participating in authorised public lotteries.
Explanatory note page 2
Part 2
Unlawful gambling activities
Division 1
Unlawful betting and bookmaking
Clause 8 makes it unlawful to engage in certain betting activities, including
betting with unlicensed bookmakers via the Internet or other on-line
telecommunications system.
Clause 9 prohibits bookmaking by unlicensed bookmakers. A licensed
bookmaker cannot carry on bookmaking unless the bookmaker is at a
licensed racecourse, however this restriction does not apply in relation to
approved call of the card betting or doubles betting.
Clause 10 prohibits persons betting with unlicensed bookmakers.
Clause 11 prohibits persons having a financial interest in an unlawful
bookmaking business.
Division 2
Unlawful gaming
Clause 12 prohibits the organising or conducting of an unlawful game.
Clause 13 prohibits the selling of tickets (or any thing that provides an
opportunity to participate) in an unlawful game.
Clause 13 prohibits persons from participating in an unlawful game.
Clause 15 prohibits the possession of prohibited gaming devices and
permitting the use or operation of such devices.
Division 3
Miscellaneous gambling offences
Clause 16 prohibits gambling with persons who are under the age of 18.
This offence includes inducing minors to gamble.
Clause 17 prohibits gambling by persons who are under the age of 18.
Clause 18 prohibits cheating by persons who are engaged in lawful forms of
gambling.
Clause 19 prohibits the possession of an unlawful gambling aid (ie any
article or money used for unlawful gambling) and any documents. records,
devices or programs that are used in connection with unlawful gambling.
Explanatory note page 3
Part 3
Unlawful gambling premises
Division 1
Declared gambling premises
Clause 20 provides that a Local Court may make an interim declaration that
premises are gambling premises (ie premises that are used for playing
unlawful games or for unlawful bookmaking activities).
Clause 21 requires notice of an interim declaration to be provided to the
owner or occupier of the premises.
Clause 22 provides that the owner or occupier of the premises that are the
subject of an interim declaration may apply for the revocation of the
declaration.
Clause 23 provides for the revocation of an interim declaration by the Local
Court.
Clause 24 provides that the Local Court may make a final declaration that
premises are gambling premises.
Clause 25 allows submissions to be made as to whether the use of any
declared gambling premises for the purposes of any business activity should
be prohibited by the Local Court.
Clause 26 prohibits the use of any declared gambling premises for the
purposes of any business activity.
Clause 27 requires notice of a final declaration, or of the revocation of an
interim declaration. to be provided to the owner or occupier of the premises
concerned.
Clause 28 provides for the revocation of a final declaration by the Local
Court.
Clause 29 requires the Registrar-General to be notified of the making or
revocation of an interim or final declaration.
Division 2
Offences relating to gambling premises
Clause 30 provides for the application of offences under the proposed
Division to declared gambling premises.
Clause 31 prohibits the owner or occupier of premises from allowing the
premises to be used as gambling premises.
Explanatory note page 4
Clause 32 prohibits the occupier of premises from allowing the premises to
be used as gambling premises.
Clause 33 prohibits the organising or conducting of gambling premises.
Clause 34 creates the offence of being found on gambling premises
otherwise than for a lawful purpose.
Clause 35 provides that the owner of declared gambling premises commits
an offence if the premises are used as gambling premises while the
declaration is in force.
Clause 36 provides that the occupier of declared gambling premises
commits an offence if the premises are used as gambling premises while the
declaration is in force.
Clause 37 creates the offence of being found on declared gambling premises
otherwise than for a lawful purpose.
Part 4
Enforcement
Clause 38 provides for the removal of persons from racecourses or other
premises if they are carrying on unlawful betting activities.
Clause 39 prohibits the obstruction of police officers in connection with
their authority to enter premises under the proposed Act.
Clause 40 provides for search warrants in relation to premises that are
suspected of being gambling premises.
Clause 41 authorises police officers to enter declared gambling premises.
Clause 42 provides for the eviction of the occupier of gambling premises by
the owner of the premises.
Clause 43 authorises police officers to search for unlawful gambling aids or
any other material connected with unlawful gambling.
Clause 43 provides for certain money. equipment and other material to be
forfeited to the Crown.
Clause 45 provides for the recovery of certain money that is used by
persons under the age of 18 for the purposes of gambling.
Explanatory note page 5
Part 5
Evidence and procedure
Clause 46 relates to evidence of publication of notices under the proposed
Act concerning the declaration of premises as gambling premises.
Clause 47 provides that a person may be found to be a participant in an
unlawful game even though the person was not playing the game for any
money.
Clause 48 specifies certain circumstances in which premises will be
regarded as being gambling premises for the purposes of an offence under the
proposed Act.
Clause 49 relates to evidence of certain matters concerning unlawful
betting.
Clause 50 provides that witnesses may be exempted from liability for
offences under the proposed Act in certain circumstances.
Clause 51 provides for offences under the proposed Act to be dealt with by
Local Courts. although some offences which attract a high penalty (ie 500
penalty units) are to be prosecuted on indictment.
Clause 52 provides for certain offences under the proposed Act to be dealt
with by way of penalty notices.
Clause 53 deals with offences under the proposed Act that are committed by
corporations.
Clause 53 provides for the recovery of expenses incurred by the police in
connection with offences involving prohibited gaming devices.
Clause 55 allows a person's interstate gambling conviction to be counted in
determining whether the person has committed a second or subsequent
offence under the proposed Act.
Part 6
Miscellaneous
Clause 56 provides that agreements relating to unlawful gambling are
unenforceable, and legal action cannot be taken to recover any money or
thing alleged to have been won from unlawful gambling.
Clause 57 is a general regulation-making power.
Clause 58 gives effect to the Schedule of savings and transitional
provisions.
Explanatory note page 6
Clause 59 gives effect to the Schedule containing amendments to other
Acts.
Clause 60 repeals the Gaming and Betting Act 1912 and the regulations
made under that Act.
Clause 61 provides for a review of the proposed Act after 5 years.
Schedule 1 contains savings and transitional provisions, including a power to
make regulations of a savings and transitional nature consequent on the
enactment of the proposed Act.
Schedule 2 contains consequential amendments to other Acts. The Crimes
Act 1900 is amended to create an offence of conducting an unlawful
gambling operation (maximum penalty will be 1,000 penalty units or
imprisonment for 7 years, or both). An unlawful gambling operation involves
certain elements. such as the keeping of at least 2 premises for the purposes
of unlawful gambling and substantial planning and organisation in matters
connected with unlawful gambling.
Explanatory note page 7