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The Gaming Further Suppression Act.—1907.

Evidence of illegal
lottery.
Adapted from Vic.
Act.

20. (1) In any proceedings against any person for establishing, commencing, or being a partner in any illegal lottery, or managing, conducting, or assisting to manage or conduct any illegal lottery, or selling or disposing or buying or accepting any ticket or thing purporting to be or usually known as a lottery ticket and relating to an illegal lottery, it shall, in default of or in addition to other evidence, be sufficient in support of the information to show that such ticket or thing was bought or accepted by the purchaser or acceptor under the belief by him that the possession and production of such ticket purporting to be a lottery ticket or other thing conveyed a right to the purchaser or any holder thereof to draw for, compete, or have an interest in an illegal lottery.

(2) The sale of a ticket or thing commonly known as a Chinese lottery ticket, whether marked or otherwise, shall be primâ facie evidence of the existence of a lottery and of an undertaking, agreement, or promise expressed or implied to pay a sum of money to the purchaser or holder of such ticket on the happening of a certain event or contingency.

(3) In any proceedings it shall not be necessary to prove that any ticket purporting to be or usually known as a Chinese lottery ticket relates to any particular lottery, or that any lottery has been or will be drawn.

Chinese lottery ticket

Betting houses or rooms deemed to be common gaminghouses. Vic. Act, sec. 15.

21. Any house, office, room, or place which is used for the playing therein of any unlawful game, or which is used principally for the purpose of enabling any person or persons to bet with others or with one another, or to pay or receive money or valuable consideration in respect of any bet on events which have not happened, whether made in or at such house, office, room, or place, or elsewhere, or which is occupied by any company or club having for its principal object or one of its principal objects the enabling of shareholders or members thereof to make wagers or bets or pay or receive money in respect of wagers or bets on events which have not happened, whether so made either amongst themselves or with other persons not necessarily being shareholders or members, shall be deemed to be a common gaming-house.

Information as to 22. Every person who is registered as the proprietor, printer, or betting not to be printed or published. publisher of any newspaper, or any other person who prints, ex

hibits, publishes, sells, circulates or distributes, or gives away or Vic. Act, altered.

posts up, causes to be printed, exhibited, published, sold, circulated, distributed, given away, or posted up any newspaper or printed or written document, list, or card (whether published, printed, or written in South Australia or elsewhere) which contains or purports to contain any advertisement or notification by or on behalf of any person, club, or association as to betting on any intended horse races or pony races or trotting races in any part of the Commonwealth of Australia, or as to the betting odds on any such race, shall be guilty of an offence.

23. Every

The Gaming Further Suppression Act.1907.

23. Every person who prints, writes or exhibits, publishes, sells, Advertising by. circulates, distributes, gives away, or posts up or causes to be printed,

tipsters prohibited written, exhibited, published, sold, circulated, distributed, given

"Vic. Act, alter3d. away or posted up any placard, handbill, card, writing sign, advertisement, or notification (whether published, printed, or written in South Australia or elsewhere), or who is registered as the proprietor, printer, or publisher of any newspaper whereby it is made to appear that such person or any other person will, if required, bet or give information or advice, directly or indirectly, as to the probable result of any intended horse race or pony race or trotting race in any part of the Commonwealth of Australia, or as to the betting odds on any such race, or whereby any information or advice is given or purported to be given relating to the probable result of any such race or as to the betting thereon, or as to any unlawful game, shall be guilty of an offence: Provided always that nothing herein contained shall prohibit the publication in a newspaper by the printer or publisher thereof of a forecast of the probable result of any race, being not for money or gain.

ited.

24. Every person who placards, posts up, or exhibits, or permits Betting notices and or suffers to be placarded, posted up, or exhibited, or who assists of in placarding, posting up, or exhibiting in or on or about any land, v

Vic. Act. building, or premises any information or notice or list directly or indirectly relating to betting or any unlawful game, shall be guilty of an offence.

25. A house, office, room, or place where an unlawful game is Houses, &c., where carried on shall be deemed to be a common gaming-house, notwith- carried on to be com

th unlawful gaming standing that the same is open only for the use of subscribers or of mon gaming-house. members or shareholders of any particular club or company, and is not open to all persons desirous of using the same.

26. Every owner or agent acting on behalf of the owner and Owners, agents, and every occupier of any house, office, room, or other place who allows offe

w occupiers guilty of or permits the same to be used as a common gaming-house shall be house to be used as guilty of an offence unless, in the case of an owner or agent who is sa

: gaming-house. not an occupier, the Court is satisfied that such owner or agent was in ignorance of and had no reasonable grounds to suspect such use or had taken all reasonable steps to prevent the same.

ises

27. Every owner or agent acting on behalf of the owner and every Owner, &c., liable for occupier of any house, office, room, or place who allows or permits or pe

1 Place Who amoWo O Peinwu to be used as access to suffers the same to be used as a means of access to or exit or escape a gaming-house. from any house, office, room, or place used as a gaming house, shall Vic. Act. be guilty of an offence unless the Court is satisfied that such owner, agent, or occupier was in ignorance of and had no reasonable grounds to suspect such use or had taken all reasonable steps to prevent the same.

28. (1) If

Power to evict

occupier of house (a) Any owner of any house, office, room, or place has reason- used as gamingable grounds to suspect that the same is used as a com

om house, &c. mon gaming-house ; or

(6) Any

The Gaming Further Suppression Act.—1907.

(6) Any owner of any house, office, room, or place has reason

able grounds to suspect that the same is used as a means of access to or of exit or escape from any house, office,

room, or place used as a common gaming-house, he may serve on the tenant or occupier a notice to quit.

(2) The serving of such notice shall, subject to this Act, determine as from the seventh day after the date of such service any tenancy under which the occupier may hold as if the same had expired by effluxion of time. The owner may thereupon, without any authority other than this Act, take legal proceedings to evict, and may evict, such occupier.

(3) Such notice shall be served personally on the occupier, but if he cannot be found service may be effected by posting a copy of the notice on some conspicuous part of the said house, office, room, or place.

(4) Upon proof, to the satisfaction of the Registrar General, that such notice has been served on such tenant or occupier in manner aforesaid, he shall, at the expiry of seven days from the date of such service, cause a memorial of such service and of the date thereof to be entered in respect of land under the provisions of “The Real Property Act, 1886,” and the Register Book of Titles kept pursuant to such last-mentioned Act, and in respect of land not under the provisions of that Act in the General Registry Office of Deeds for the said State.

Cancellation of notice 29. (1) Any such notice to quit may at any time be cancelled as to quit.

from the date of such notice and relief be granted by the Supreme
Court subject to such terms as the Court thinks fit on application
being made to the Court by the occupier and on proof that he has
not at any time-
(a) Used or allowed or permitted or suffered the house, office,

room, or place to be used as a common gaming-house ; or
(6) Used or allowed or permitted or suffered the house, office,

room, or place to be used as a means of access to or of exit or escape from any house, office, room, or place used as a

common gaming-house. (2) Notice of intention to make such application shall be served on the owner at least seventy-two hours before the hearing of the application, and on being so served shall operate until the determina. tion of the application as a stay of any proceedings under the last preceding section to evict the occupier.

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30. Any person standing in any street who shall refuse or neglect to move on when requested by a police constable so to do, or who shall loiter (whether such loitering shall cause or tend to cause any obstruction to traffic or not) in any street or public place after a request having been made to him by any police constable not to so loiter, shall be guilty of an offence and liable to a penalty not exceeding Twenty Pounds or to imprisonment for a period not longer than two months.

31. Informations

The Gaming Further Suppression Act.—1907.

cedure.

New

31. Informations for offences against this Act shall be heard and Summary of prodetermined in a summary way by a Court, and all penalties enforced under the provisions of the Ordinance of the Governor and Legis- New. lative Council No. 6 of 1850, or of any other Act or Acts for the time being in force relating to the duties of Justices or to their summary jurisdiction.

32. On the affidavit of a Commissioner, inspector, or sub-inspector Declaration that

house a common of police, showing reasonable grounds for suspecting that any house, gaming house. office, room, or other place is used in contravention of this Act, any .sw. Act, 13 of Judge of the Supreme Court may declare such house, office, room, or 1906. place to be a common gaming-house. Such declaration shall be in force until rescinded.

33. Any such declaration may be rescinded by a Judge of the Rescission of declaraSupreme Court, subject to such terms as he thinks fit, on application tion. being made to him (a) By the owner, tenant, or occupier of the house, office, room, N.S.W. Act.

or place the subject of the declaration, on proof that he
has not at any time allowed the house, office, room, or

place to be used in contravention of this Act; or
(6) By a Commissioner, inspector, or sub-inspector of police on

proof that the house, office, room, or place is not used in

contravention of this Act. Where the application is made by the owner, tenant, or occupier as aforesaid, notice in writing of intention to make the same shall be served on a Commissioner, inspector, or sub-inspector of police two days at least before the hearing of such application.

34. Notice of any such declaration and of any rescission of the Publication of notice same shall be published in the Government Gazette.

of declaration and

rescission. In any proceedings under this Act the production of a copy of N.S.W. Act. the Government Gazette containing such notice shall be evidence that the declaration or rescission therein notified was duly made.

35. (1) The Commissioner, or a superintendent, inspector, or sub- Notice given of inspector of police, on such declaration being made with respect to

Dent to declaration. any house, office, room, or place

N.S.W. Act. (a) Shall cause to be published on two days in a newspaper

circulating in the neighborhood of the house, office, room,

or place a notice of the making of such declaration;
(6) Shall cause such notice to be served on the owner and occupier

of the house, office, room, or place. Such service shall be
personal, except when it cannot be promptly effected, in
which case the notice may be served on the owner, tenant,
and occupier aforesaid by causing a copy thereof to be
affixed at or near to the entrance to the house, office,
room, or place.

(2) In
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(2) In any proceedings under this Act the production of a copy of a newspaper containing any such notice shall be evidence that such notice was duly published in such newspaper on the date appearing thereon.

Persons found in honse declared a common gaminghouse.

N.S.W. Act.

36. If after publication, in pursuance of paragraph (a) of the last preceding section, of notice of the making of such declaration with respect to a house, office, room, or place, and during the time that such declaration is in force, any person is found(a) In, or on, or entering, or leaving such house, office, room, or

place; or (b) In, or on, or entering, or leaving any land or building used as

a means of access to, or of exit or escape from the same, any member of the Police Force may, without warrant, arrest such person and take him before a Court.

Such person, unless he proves that he was in, or on, or entering, or leaving, as aforesaid, for a lawful purpose, shall be guilty of an offence under this Act, and shall, on conviction, be liable to a penalty not exceeding Fifty Pounds or to imprisonment for a term not exceeding three months.

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Penalty on owner 37. If after service on an owner, in pursuance of paragraph (6) if house used in contravention of Act. of section 35, of notice of the making of such declaration with

respect to a house, office, room, or place, and during the time that such declaration is in force, such house, office, room, or place is used in contravention of this Act, such owner shall, unless he proves that he has taken all reasonable steps to evict the occupier from the same, be liable to a penalty not less than Thirty and not exceeding One Hundred Pounds.

Penalty on occupier.
N.S.W. Act.

38. If after service on an occupier, in pursuance of paragraph (6) of section 35, of notice of the making of a declaration with respect to a house, office, room, or place, and during the time that such declaration is in force, such house, office, room, or place is used in contravention of this Act, the said occupier shall be liable to a penalty not less than Thirty and not exceeding Three Hundred Pounds, unless he proves that he has taken reasonable steps to prevent such use.

Entry by police.
N.S.W. Act.

39. While any such declaration is in force with respect to any house, office, room, or place any member of the Police Force may, without warrant-

(a) Enter the said house, office, room or place;
(6) Enter any land or building which he has reasonable grounds

to suspect is used as a means of access to or of exit or escape

from the same; (c) Pass through, from, over, and along any other land or building

for the purpose of entering in pursuance of paragraph (a) or paragraph (6) aforesaid ;

(d) For

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