South Australian Consolidated Acts

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LOTTERY AND GAMING ACT 1936 - SECT 90

90—Keeping house for purpose of gaming

        (1)         No house, office, room, or place shall be opened, kept, or used for the purpose of—

            (a)         unlawful gaming:

            (b)         the occupier betting with persons resorting thereto:

            (c)         any money or valuable thing being received by or on behalf of the occupier as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or any valuable thing on any event or contingency of or relating to any race, fight, game, sport, or exercise, or as or for the consideration for securing the paying or giving by some other person of any money or valuable thing on any such event or contingency.

        (2)         Every house, office, room, or place opened, kept, or used for any of the purposes aforesaid is hereby declared to be a common nuisance and unlawful.

        (3)         No person shall be the occupier of any such house, office, room, or place kept or used for any of the purposes aforesaid.

Maximum penalty: $20 000 or imprisonment for 1 year.

        (4)         It shall not be necessary to prove that the occupier knew that the premises were kept or used for any of the purposes aforesaid, but such person shall not be convicted if he proves that he did not know and could not by the exercise of all reasonable diligence have known that the premises were being so kept or used.



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