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EDWARDI VII REGIS.

A.D. 1907.

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No. 943.

An Act to make Further Provision for the Suppression

of Gaming, and for other purposes.

[Assented to, December 21st, 1907.] DE it Enacted by the Governor of the State of South Australia,

with the advice and consent of the Parliament thereof, as follows:

1. This Act may be cited as “ The Gaming Further Suppres- Short title. sion Act, 1907."

2. “ The Lottery and Gaming Act, 1875," “ The Totalizator Incorporation of Acts. Repeal Act,” « The Gaming Further Suppression Act, 1897,” - The Lottery and Gaming Act Amendment Act, 1888,” and “ The Gaming Law Amendment Act, 1902,” are hereby incorporated with this Act, and shall for all purposes be read and construed as though the whole of them and this Act were one Act. If any inconsistency or repugnancy shall exist between any of the Acts hereby incorporated, and any other or others of them, the latest Act shall prevail.

3. In the construction and interpretation of this Act and of the Definitions. Acts hereinbefore expressed to be incorporated herewith the words in this section following, and being in inverted commas, shall (unless repugnant to the context) have the respective meanings hereinafter respectively assigned to them, namely :“ Court” shall mean a Special Magistrate or two or more Justices

of the Peace sitting as a Court of Summary Jurisdiction : “ Illegal lottery ” shall mean and include every lottery drawn, conducted, or managed in South Australia or elsewhere which

would, A—913

The Gaming Further Suppression Act.—1907.

would, according to the laws of the said State for the time being in force, be deemed to be illegal if the same were

drawn, conducted, or managed in South Australia. “ Loiter” shall mean to idle or linger about: “ Unlawful gaming” shall mean, in addition to the meaning

assigned to such words by section 1 of “ The Gaming law Amendment Act, 1902,” the playing at or engaging in any game with cards or other instruments, or with money, in or as the result of which game any person or persons derives or is intended to derive (other than in his capacity as a player) any part or percentage of any money or thing played for, staked, or wagered, such part or percentage not being money

received for deposit in any licensed totalizator: “ This Act ” shall mean and include this Act and the Acts herein

before expressed in section 1 to be incorporated herewith: “ Street” shall mean and include every public street, or thorough

fare, or private street, or road commonly used by or to which

the public are permitted to have access: “ Public place” shall mean and include every public place and

every place to which the public are permitted to have access, tacitly or otherwise, and whether upon payment of money or not.

More than one offence may be charged in information.

New.

4. In any information laid in respect of any alleged offence or offences against this Act any number of offences to the number of not more than three may be in such information charged against the defendant and evidence given in support thereof; and the Court may convict such defendant of any one of such offences as to the satisfaction of the Court shall have been proved, and may inflict such penalty therefor as is by law provided.

Money paid as result
of betting may be
recovered back,
New.

5. The fact that any persons under the age of twenty-one years of age making a wager or bet does so on behalf of another person shall not exempt a person making a wager or bet with such first-named person from the punishment imposed by section 4 of “ The Gaming Further Suppression Act, 1897."

Members of Police 6. No member of the Police Force acting under the order or Force not to be convicted or to be deemed instructions of any other member of such Force who shall be his accomplices. superior in rank, shall be deemed to be an accomplice in the New.

commission of any offence against this Act, nor shall the member giving such order or instructions nor the member who shall act in pursuance or attempted pursuance thereof be liable to conviction or punishment for any act or matter done or committed by either of them in relation to or under such order or instructions, although but for this section such members or either of them might have been deemed to be such accomplices or accomplice or have been liable to such conviction and punishment.

The Gaming Further Suppression Act.—1907.

7. Any person who shall be in or upon any street or public place Being in street for

purpose of betting an for the purpose of betting or wagering shall be guilty of an offence, offence. and liable to a penalty not exceeding Fifty Pounds.

New.

Act.

8. Any club, company, or person for the time being having the Removal of persons

from racecourses, &c., use, occupancy, or control of any ground or place upon which is then of pe

nen of persons suspected being carried on any horse-racing, foot-racing, cycle-racing, football of offence against Act. match, cricket match, or any other sport of a kind usually attended Adapted from Vic. by the public may require any police officer to, without warrant, Act. arrest and remove, and such police officer shall thereupon arrest and remove from such ground or place any person who by such club, company, or person, or any of their officers or servants, shall be suspected on reasonable grounds of being or having been on that day engaged on such ground or place in doing any act or thing in contravention of the provisions of this Act or any of them. Any person re-entering or being again upon such ground or place after such removal and during the same day on which he shall have been so removed shall be liable to a penalty of Fifty Pounds or to imprisonment for not longer than two months. Any police officer acting in accordance with such instructions shall not be deemed guilty of any offence or be liable to any fine, penalty, imprisonment, or in damages in consequence of so acting.

9. No person (other than the defendant) required to be examined Witnesses not to claim

privilege on ground of as a witness in the hearing of any information laid in relation to any evidence tending to offence alleged to have been committed against the provisions of incriminate. this Act, or any of them, shall be excused from being so examined New. or from answering any question or questions put to him as such witness on the ground that his evidence or the answer to any such question or questions might tend to incriminate him or render him liable to a prosecution; and any such person so required to be examined who refuses to make oath accordingly or to answer any question or questions shall be liable to the same penalties and to be dealt with in all respects as any witness may be dealt with for refusing to be sworn or to give evidence: Provided that every person so required to be examined who shall upon such examination make a true and faithful discovery to the best of his knowledge of all matters as to which he is examined shall receive from the Court a certificate in writing to that effect, and he shall upon the receipt of such certificate, but not in other case, be freed from all prosecution, penalties, and punishment to which he might have been or become liable in respect of the matters touching which he has been so examined.

10. The several allegations hereinafter specified if made in any Allegations to be information laid in respect of any alleged offence or offences against

in primâ facie proof. this Act shall be accepted by the Court as evidence of the truth of New

New. such allegations unless the contrary shall be proved, namely(a) The allegation that any person, firm, company, or partnership (as the case may be) in such information named is the

owner

The Gaming Further Suppression Act.—1907.

owner, user, or occupier (as the case may be) of any place,

room, or premises in such information mentioned. (6) The allegations that any horse race, cycle race, or foot race (as

the case may be) in such information mentioned was run at a place and on a date therein specified, and that any horse or horses or person or persons named in such information took part in any race therein mentioned.

Occupancy of premises deemed to be with knowledge of owner.

ll. Any person, club, firm, company, or partnership using or occupying any place, room, or premises for the purpose of unlawful gaming shall be deemed to be so using or occupying such place for such purpose with the knowledge and consent of the owner and the immediate landlord of such place or premises unless the contrary shall be proved.

Totalizator invest. ments not to be solicited.

12. Any person who shall upon any racecourse or in any other public place or street, directly or indirectly, invite or solicit any other person to give or entrust to him any money or valuable thing for the purpose or intent that such money or thing or any part thereof respectively shall be placed or invested in any totalizator (whether such totalizator shall be lawful or not) shall be guilty of an offence, and be liable to a penalty not exceeding Twenty-five Pounds or to imprisonment for not longer than two months.

Unlawful games. Vic. Act.

13. The games commonly known as “faro,” “ banker,” “ fantan," “ two up,” “hazard,” and all other games played in the same way or of a kindred nature, are hereby declared to be unlawful games.

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14. No person shall-
(a) Print, publish, or exhibit, or cause to be printed, published,

or exhibited in any newspaper or on any placard, hand-
bill, circular, or card, nor shall any person registered as
the proprietor, printer, or publisher of any newspaper
permit or suffer to be printed or published in such news-
paper, any advertisement, sign, notice, or other informa-
tion of or relating to the establishing, commencing,
promoting, carrying on, or drawing, or intended establish-
ing, commencing, promoting, carrying on, or drawing of
any illegal lottery, whether wholly or partly established,
commenced, carried on, promoted, or managed in South

Australia or elsewhere; or (6) Print any ticket or other thing entitling or intended to

entitle any person or persons to any chance or share in

any illegal lottery; or (c) Sell, circulate, exhibit, or dispose of any newspaper printed

in any part of the Commonwealth of Australia which contains any advertisement, sign, notice, or information relating to any illegal lottery, or the drawing, conducting, or management thereof.

The Gaming Further Suppression Act.—1907.

15. No person shall sell, or offer for sale, or deliver, or give, or buy, Unlawful to buy, or

yo sell, or accept any or pay for, or knowingly receive or accept any ticket, chance, or share ticket in illegal lottery. in any illegal lottery.

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16. (a) Every person shall be guilty of an offence who placards, Posting up of placards

á relating to illegal posts up, or exhibits, or permits or suffers to be placarded, posted lotter up, or exhibited, or who assists in placarding, posting up, or exhibiting in or on or about any land, building, hoarding, or premises any information or notice relating to any illegal lottery.

(6) Where any such information or notice is placarded, posted up, or exhibited on any land, building, or premises it shall, unless the contrary be proved, be presumed to have been so placarded, posted up, or exhibited by or with the permission of the occupier of such land, building, hoarding, or premises.

17. No person shall for gain or otherwise in any manner what- Money parcels not to

be forwarded to proever, directly or indirectly, forward or partly forward, or give or moters of illegal receive for the purpose or intent that the same shall be so forwarded, lotteries. any packet or parcel or money, cheque, draft, order for the payment of money, or valuable thing whatsoever to the promoters, managers, or conductors of any illegal lottery or sweepstakes conducted or drawn or intended to be conducted or drawn in any State, country, or place out of South Australia or not, and whether such lottery or sweepstakes shall be illegal according to the law of such State, country, or place, or otherwise.

18. The allegations in any information laid in relation to any Allegations prima alleged offence against the provisions of the next preceding section (a) That any packet, parcel, money, cheque, draft, order for the

payment of money or valuable thing in such information
specified has been forwarded or partly forwarded, or has
been given or received for the purpose or intent that the

same should be forwarded, as the case may be:
(6) That any person or persons, club, association, or company in

such information named is the promoter, manager, or

conductor (as the case may be) of any illegal lottery: (c) That any lottery in such information named or described is an

illegal lottery: shall be received by the Court as proof of the truth of such allegations unless the contrary shall be proved.

nar

19. In every information laid in respect of any offence relating to Secondary e

may be received any illegal lottery alleged to have been or be intended or about to be relating to lotteries. drawn or conducted elsewhere than in South Australia the Court New. may in their discretion receive and act upon such secondary or other evidence as may be adduced for the purpose of proving the existence, drawing, conducting, or intention to draw or conduct such lottery, any rule of law heretofore to the contrary notwithstanding.

20. (1) In

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