Gaming Offences Act 1936 (South Australia)

South Australia Gaming Offences Act 1936 An Act relating to unlawful gaming.

Contents Part 1—Preliminary 1 Short title 4 Interpretation 4A Crown bound 4AB Act subject to other Acts authorising gambling Part 5—Unlawful gaming 49 Obtaining money etc by cheating 50 Gaming and wagering contracts void 50A Agreements in relation to gaming void 51 Extending provisions to gaming with coin etc 52 Gambling etc in public places 53 Betting with persons under the age of 18 years 54 Betting by persons under the age of 18 years 55 Receiving money for gaming from persons under the age of 18 years 57 Soliciting totalisator investments 58 Totalisator agents 58A Proof of offence 59 Certain games unlawful 59A Certain things declared instruments of unlawful gaming 60 Public betting and advertising 61 Unlawful gaming and playing of unlawful games 62 Being in public place for the purpose of betting 63 Unlawful bookmaking 64 Unauthorised totalisator betting prohibited 65 Unauthorised betting exchange prohibited 68 Betting notices and placards 69 Removal from racecourses etc of persons suspected of offences 72 Obstructing members of the police force in the execution of their duty 73 Power of police as to premises where unlawful gaming is carried on Part 6—Common gaming-houses 74 Common gaming-houses 75 Occupying a common gaming-house 76 Allowing use of premises as common gaming-house 77 Allowing use of premises as access to or exit from a gaming-house 78 Power to evict occupier of house used as gaming-house etc 79 Cancellation of notice to quit 80 Declaration that house a common gaming-house 81 Rescission of declaration 82 Publication of notice of declaration and rescission 83 Notice given of declaration 84 Persons found in house declared a common gaming-house 85 Penalty on owner of house used in contravention of Act 86 Penalty on occupier 87 Entry by police 88 Obstructing the police 88A Certain offences 89 Evidence of house being a gaming-house 90 Keeping house for purpose of gaming 91 Advancing money for the purpose of gaming 92 Receiving money for betting 93 Exhibiting placards or advertising betting houses 94 Betting advertisements 95 Giving false name and address 96 Entrance and nomination fees exempted Part 7—Evidence 97 Immunity of police and other authorised persons 98 Evidentiary provision relating to licences and permits 99 Allegations to be prima facie proof 100 Knowledge of owner as to occupancy of premises 103 Prima facie evidence of unlawful gaming 104 Evidence as to offences 105 Reasonable suspicion sufficient to set up a prima facie case 106 Certain allegations prima facie evidence 107 Proof of age 108 Proof of publication 108A "Silent" telephone evidence of unlawful gaming Part 8—Procedure and miscellaneous 112 Form of complaint, defects in substance or form of conviction and amendment of complaint etc 113A Dishonest, deceptive or misleading conduct 114 Premises of body corporate used for unlawful gaming 115 Entry of shops, factories and club premises 117 Delegation 119 Regulations Legislative history

The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Gaming Offences Act 1936. 4—Interpretation In this Act, except where the subject matter or context or some other provision requires a different construction— bet or make a bet means— (a) make or negotiate a bet whether by spoken word, writing, signal, gesture or any other direct or indirect means and whether with or for money or any valuable thing or by cash or under any credit arrangement; or (b) receive, pay or give money or any valuable thing in connection with a bet; or (c) settle a bet, and betting has a corresponding meaning; bookmaker includes a bookmaker's agent; loiter means to idle or linger about; occupier in relation to occupiers of any house, office, room, or place used for a purpose forbidden by this Act means the owner, occupier, or keeper of any house, office, room, or place, or any person using the same, or any person procured or employed by or acting for or on behalf of the owner, occupier, or keeper, or person using the same, or any person having the care or management, or in any manner conducting the business thereof; place means any house, office, room, tent, ship, building, erection, road, street, thoroughfare, alley, right-of-way (either public or private), and all land (whether public or private) enclosed or otherwise; public place means— (a) every public place; and (b) every place to which the public are permitted to have access tacitly or otherwise and whether on payment of money or not; and (c) any premises in respect of which a licence granted under the Liquor Licensing Act 1997 is in force; and (d) any shop, and any part of a building occupied in connection with, or for the purposes of, a shop; and (e) any factory, and the appurtenances of any factory; and (f) any building or place occupied by any club (whether a racing club or not), and the appurtenances of that building or place; and (g) any place commonly used by the public whether as trespassers or otherwise; street means every public street, thoroughfare, private street, or road commonly used by or to which the public are permitted to have access; unlawful gaming means— (a) 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 or her capacity as a player) any part or percentage of any money or thing played for, staked, or wagered; and (ab) the playing at or engaging in a game of poker in a public place (provided that the regulations may prescribe circumstances in which playing at or engaging in a game will or will not constitute unlawful gaming for the purposes of this paragraph); and (b) any contravention of or failure to observe any provision of this Act, whether that provision relates to unlawful gaming as defined in paragraphs (a) and (ab) or not. 4A—Crown bound (1) This Act binds the Crown. (2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence. (3) For the purposes of this section, a reference to the Crown extends— (a) not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; and (b) to an instrumentality of the Crown, and to an officer or employee of the Crown and any contractor or other person who carries out functions on behalf of the Crown. 4AB—Act subject to other Acts authorising gambling This Act has effect subject to the provisions of any other Act by which lotteries, betting or gaming, or any related activities, are authorised or declared to be lawful. Part 5—Unlawful gaming 49—Obtaining money etc by cheating A person must not win from any other person any money or valuable thing by fraud or any other unlawful means— (a) in playing at, or with, cards, dice, tables or other games; or (b) in bearing a part in the stakes, wages or adventures, or in betting on the sides or hands of them that do play; or (c) in betting on the event of any game, sport, pastime, or exercise. Maximum penalty: $10 000 or imprisonment for 2 years. 50—Gaming and wagering contracts void (1) All contracts or agreements whether by parol or in writing by way of gaming or wagering are void. (2) No action may be brought or maintained in any court to recover any sum of money or valuable thing— (a) alleged to be won on any bet; or (b) which has been deposited in the hands of any person to abide the event on which any bet has been made, but this section does not apply to any subscription or contribution or agreement to subscribe or contribute for or to any plate, prize, or sum of money to be awarded to the winner of any race or lawful game. 50A—Agreements in relation to gaming void (1) A contract or agreement for the payment of a debt incurred for the purpose of gaming or wagering (being a debt that is to the knowledge of the creditor incurred for that purpose) will be deemed to have been made for an illegal consideration. (2) A mortgage, charge, pledge or other security to secure the payment of a debt under a contract or agreement that is deemed to have been made for an illegal consideration by virtue of this section will be deemed to have been given for an illegal consideration. (3) Any money paid in or towards satisfaction of a supposed liability under a contract or agreement that is deemed to have been made for an illegal consideration by virtue of this section and any property taken under, or by way of, a security that is deemed to have been given for an illegal consideration by virtue of this section may be recovered by action in a court of competent jurisdiction. 51—Extending provisions to gaming with coin etc Any person who in any public place at or with any table or instrument of gaming, or any coin, card, token, or other article used as an instrument or means of wagering or gaming— (a) plays at any game or pretended game of chance; or (b) bets by way of wagering or gaming on any game or pretended game of chance, is guilty of an offence. Maximum penalty: $1 250. 52—Gambling etc in public places A person must not in any public place— (a) exhibit any implements or articles for unlawful gaming, in order to induce or entice any person to engage in any unlawful gaming; or (b) by any fraudulent act or device, cheat any person. Maximum penalty: $10 000 or imprisonment for 2 years. 53—Betting with persons under the age of 18 years A person must not make or offer to make a bet with any person who is under the age of 18 years. Maximum penalty: $2 500. 54—Betting by persons under the age of 18 years A person under the age of 18 years must not make or offer to make a bet with any other person. Maximum penalty: $2 500. 55—Receiving money for gaming from persons under the age of 18 years A person must not either directly or indirectly receive from any person under the age of 18 years, whether for himself or herself or on behalf of some other person, any money or any valuable thing on the understanding or agreement, either expressed or implied, that such money or valuable thing will be placed in or used either directly or indirectly for the purpose of any totalisator or sweepstakes, or betting. Maximum penalty: $2 500. 57—Soliciting totalisator investments (1) A person must not on 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 or her any money or valuable thing for the purpose or intent that such money or thing, or any part of such money or thing, will be placed or invested in any totalisator (whether such totalisator is lawful or not). Maximum penalty: $5 000. (2) This section does not apply to a body conducting totalisator betting as authorised under another Act. 58—Totalisator agents A person must not for fee, commission, reward, share, or interest of any kind whatever, or on any understanding or agreement, either expressed or implied, for such fee, commission, reward, share or interest— (a) receive from any other person any money for the purpose of investing the same in any totalisator (whether such totalisator is lawful or not) or with a bookmaker; or (b) receive any money on any such agreement, understanding, or intention that such money will be so invested. Maximum penalty: $5 000. 58A—Proof of offence In any proceedings for an offence under section 57 or 58 the proof of the receipt by any person of any money for the purpose alleged in the complaint will be prima facie evidence that it was invited or solicited by the recipient, and that it was received by him or her for fee, commission, reward, share, or interest, as the case may be. 59—Certain games unlawful The games, tricks, or devices commonly known as "the purse trick", "the three card trick", "thimble rig", "faro", "banker", "fan tan", "two up", "pitch-and-toss", "hazard", and all other games played in the same way, or of a kindred nature, are declared to be unlawful games. 59A—Certain things declared instruments of unlawful gaming (1) The Governor may, by regulation, declare any machine, article or thing to be an instrument of unlawful gaming. (2) For the purposes of this Act, a declaration may be made under subsection (1) notwithstanding that the machine, article or thing is not specifically designed for gaming. (3) For the purposes of this Act, the playing of or with any machine, article or thing declared under subsection (1) to be an instrument of unlawful gaming will be deemed to constitute the playing of an unlawful game, whether or not any person derives or is intended to derive any money or thing as a result of the playing. 60—Public betting and advertising A person must not, unless authorised by any provision of this Act— (a) in any public place bet or offer to bet by way of wagering or gaming; or (c) publish or cause to be published in printed or electronic form any advertisement inviting the public to make a bet or otherwise advertising the business or services of a person who conducts totalisator betting, acts as a bookmaker or conducts a betting exchange (within the meaning of section 65). Maximum penalty: $5 000. 61—Unlawful gaming and playing of unlawful games (1) A person must not be guilty of unlawful gaming. Maximum penalty: $2 500. (2) A person must not play at any unlawful game. Maximum penalty: $2 500. (3) A person must not— (a) be present at any unlawful gaming or at the playing of any unlawful game; or (b) be in any place in which any unlawful gaming is taking place, without lawful excuse (and the burden of proof is on the defendant to show lawful excuse). Maximum penalty: $750. (4) A person must not organise or promote unlawful gaming. Maximum penalty: $2 500. 62—Being in public place for the purpose of betting A person must not be in a public place for the purpose of unlawful betting. Maximum penalty: $5 000 or imprisonment for 1 year. 63—Unlawful bookmaking (1) A person must not act as a bookmaker. Maximum penalty: $50 000 or imprisonment for 4 years. (2) A person must not make a bet with a person if the acceptance of the bet by that person constitutes an offence against subsection (1). Maximum penalty: $5 000 or imprisonment for 1 year. 64—Unauthorised totalisator betting prohibited (1) A person must not conduct totalisator betting. Maximum penalty: $20 000 or imprisonment for 1 year. (2) A person must not make a bet with a person, if the acceptance of the bet by that person constitutes an offence against subsection (1). Maximum penalty: $5 000 or imprisonment for 6 months. 65—Unauthorised betting exchange prohibited (1) A person must not establish or conduct a betting exchange. Maximum penalty: $20 000 or imprisonment for 1 year. (2) For the purposes of subsection (1), and without limiting the effect of that subsection, a person will be taken to conduct a betting exchange in South Australia if the person allows a person in South Australia to make a bet by means of the betting exchange. (3) A person must not make a bet, or take action for the purpose of making a bet, through the use of a betting exchange. Maximum penalty: $5 000 or imprisonment for 6 months. (4) In this section— betting exchange means a facility, electronic or otherwise, designed to provide a mechanism through which— (a) offers to make bets are regularly made and accepted; or (b) offers or invitations to make bets are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations, but does not include a facility involved in the activities of a bookmaker or the conduct of totalisator betting. 68—Betting notices and placards A person must not— (a) placard, post up, or exhibit; or (b) permit or suffer to be placarded, posted up, or exhibited; or (c) assist in placarding, posting up, or exhibiting, in or on or about any land, building, or premises, any information or notice or list, directly or indirectly relating to betting or any unlawful game. Maximum penalty: $2 500. 69—Removal from racecourses etc of persons suspected of offences (1) If any police officer has reasonable grounds for suspecting that on any place on which any horse racing, dog racing, foot racing, cycle racing, football match, cricket match, or any other sport of a kind usually attended by the public, is then being carried on, or on any other place any person is guilty of, or has on that day been guilty of, unlawful gaming, that police officer may, without warrant arrest that person and remove him or her from that place. (2) A person who has been so removed from any such place must not, during the day on which he or she was so removed, re-enter or be again on that place, or any place contiguous to that place. Maximum penalty: $2 500. (3) No police officer who has acted bona fide in the intended exercise of the powers conferred on the officer by subsection (1) will be liable to any proceedings, civil or criminal, in consequence of having so acted. 72—Obstructing members of the police force in the execution of their duty A person must not wilfully— (a) prevent any police officer or other person assisting the officer under a warrant under this Act to enter any house, room, or place, from entering the same or part of the house, room or place; or (b) obstruct or delay any such police officer or person in so entering; or (c) by any bolt, bar, chain, or other contrivance secure any external or internal door of or means of access to any house, room, or place so authorised to be entered; or (d) use any means or contrivance whatsoever for the purpose of preventing, obstructing, or delaying the entry of any such police officer or person into any such house, room, or place or any part of the house, room or place. Maximum penalty: $2 500 or imprisonment for 6 months. 73—Power of police as to premises where unlawful gaming is carried on (1) On receiving a report in writing from any police officer of or above the rank of Inspector that the officer is of opinion that unlawful gaming is or is about to be carried on in any place, the Commissioner of Police may give notice in writing addressed to the occupier of that place, or if the name of the occupier is unknown, then addressed to that particular place, ordering that all doors or other means of entrance on that place or leading to or from that place, both internal and external, must be opened and kept open so as to admit of the free ingress and egress of any police officer authorised in writing by the Commissioner of Police and any persons assisting the officer during the days and hours stated in the notice. The notice must be served on the occupier of the said place, or, if the occupier cannot be found, it will be sufficient service if the notice is fastened in a conspicuous place on the outside of any door or other means of entrance to or leading to or from the said place. (2) After service of the notice the following provisions apply: (a) any police officer authorised in writing by the Commissioner of Police and any persons assisting the officer may enter, re-enter, and remain in or on the said place or any part of the place or any premises leading to the place during the days and hours stated in the notice for the purpose of observing the conduct of all persons in or on the said place; (c) any police officer authorised in writing by the Commissioner of Police and any police officer assisting the officer may use force if necessary in making entry or re-entry, whether by breaking doors or otherwise. (3) If— (a) the occupier of a place in relation to which a notice is given under subsection (1); or (b) in the absence of the occupier, any other person present on that place, refuses or neglects immediately to open or keep open, during the days and hours stated in the notice, any door or means of entrance mentioned in the notice, he or she is guilty of an offence. Maximum penalty: $2 500. (4) If a person, at any time during the days and hours stated in a notice under subsection (1), closes any door or means of entrance to the place to which the notice relates, that person is guilty of an offence. Maximum penalty: $2 500. Part 6—Common gaming-houses 74—Common gaming-houses (1) Any house, office, room, or place— (a) which is used for the playing of any unlawful game; or (b) which is used 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 (c) which is occupied by any company or club having for its object or 1 of its objects the enabling of its shareholders or members to make bets or pay or receive money in respect of bets on events which have not happened, whether made amongst themselves or with other persons not necessarily being shareholders or members, will be deemed to be a common gaming-house. (2) A house, office, room, or place where an unlawful game is carried on will be deemed to be a common gaming-house, notwithstanding that the same is open only for the use of subscribers or of members or shareholders of any particular club or company, and is not open to all persons desirous of using the same. 75—Occupying a common gaming-house (1) A person who is the occupier of a common gaming-house is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 1 year. (2) In proceedings for an offence under this section it will be presumed, in the absence of proof to the contrary, that the defendant knew that the house, office, room or place was being used as a common gaming-house. 76—Allowing use of premises as common gaming-house No owner or agent acting on behalf of the owner and no occupier of any house, office, room, or other place may allow or permit it to be used as a common gaming-house, but an owner or agent who is not an occupier, and who was in ignorance of and had no reasonable grounds to suspect such use, or had taken all reasonable steps to prevent it, is not guilty of an offence. Maximum penalty: $5 000. 77—Allowing use of premises as access to or exit from a gaming-house No owner or agent acting on behalf of the owner, and no occupier of any house, office, room, or place may allow or permit or suffer it to be used as a means of access to or exit or escape from any house, office, room, or place used as a common gaming-house, but if the 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 it, he or she is not guilty of an offence. Maximum penalty: $5 000. 78—Power to evict occupier of house used as gaming-house etc (1) Any owner of any house, office, room, or place who has reasonable grounds to suspect that it is used— (a) as a common gaming-house; or (b) as a means of access to or of exit or escape from any house, office, room, or place used as a common gaming-house, may serve on the tenant or occupier a notice to quit. (2) The serving of such notice will, subject to this Act, determine as from the seventh day after the date of service any tenancy under which the occupier holds as if the tenancy had expired by effluxion of time. The owner may then, without any authority other than this Act, take legal proceedings to evict, and may evict, such occupier. (3) The notice must be served personally on the occupier, but if the occupier 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) On proof, to the satisfaction of the Registrar-General, that such a notice has been served on the tenant or occupier in the manner set out in this section, the Registrar‑General must, at the expiry of 7 days from the date of service, cause a memorial of the service and of the date of service to be entered in respect of land under the provisions of the Real Property Act 1886 in the Register Book kept pursuant to that Act, and in respect of land not under the provisions of that Act in the General Registry Office of Deeds for the said State. 79—Cancellation of notice to quit (1) Any such notice to quit may at any time be cancelled as 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 the occupier has not at any time used or allowed or permitted or suffered the house, office, room, or place to be used— (a) as a common gaming-house; or (b) 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 must be served on the owner at least 72 hours before the hearing of the application, and on being so served operates until the determination of the application as a stay of any proceedings under section 78 to evict the occupier. 80—Declaration that house a common gaming-house (1) On the affidavit of a police officer of or above the rank of Inspector showing reasonable grounds for suspecting that any house, office, room, or other place is used in contravention of this Act, a judge of the Supreme Court may declare such house, office, room, or place to be a common gaming-house. (2) Every such declaration remains in force until rescinded. 81—Rescission of declaration (1) A declaration made under section 80 may be rescinded by a judge of the Supreme Court, subject to terms as the judge thinks fit, on application made— (a) by the owner, tenant, or occupier of the house, office, room, or place the subject of the declaration, on proof that he or she has not at any time allowed the house, office, room, or place to be used in contravention of this Act; or (b) by a police officer of or above the rank of Inspector, on proof that the house, office, room, or place is not used in contravention of this Act. (2) If an application is made by an owner, tenant or occupier under subsection (1), notice in writing of intention to make the application must be served on a police officer of or above the rank of Inspector at least 2 days before the hearing of the application. (3) When any such declaration has been rescinded by a judge of the Supreme Court on terms, the owner, tenant or occupier of the house, office, room or place, the subject of the declaration, or a police officer of or above the rank of Inspector may apply to a judge of the Supreme Court for a variation of such terms on proof that circumstances existing at the time of fixing such terms have materially altered. On any such application the judge if satisfied that it is just or expedient to do so may modify, revoke, add to, or remit any of such terms. (4) The Commissioner of Police must be given notice of an application by an owner, tenant or occupier under subsection (3) and is entitled to be heard in opposition to the application. 82—Publication of notice of declaration and rescission (1) Notice of any such declaration, and of any rescission of such declaration, must be published in the Gazette. (2) In any proceedings under this Act the production of a copy of the Gazette containing such notice will be evidence that the declaration or rescission was duly made. 83—Notice given of declaration (1) The Commissioner, or a superintendent or an inspector of police, on such declaration being made with respect to any house, office, room, or place— (a) must cause to be published on 2 days in a newspaper circulating in the neighbourhood of the house, office, room, or place, a notice of the making of the declaration; and (b) must cause such notice to be served on the owner and occupier of the house, office, room, or place. The service must be personal, except when it cannot be promptly effected, in which case the notice may be served on the owner, tenant, and occupier by causing a copy of the notice to be affixed at or near to the entrance to the house, office, room, or place. (2) In any proceedings under this Act the production of a copy of a newspaper containing any such notice will be evidence that that notice was duly published in that newspaper on the date appearing on that newspaper. 84—Persons found in house declared a common gaming-house If after publication of a notice under section 83(1) of the making of a declaration with respect to a house, office, room, or place, and during the time that the declaration is in force, any person is found in or on or entering or leaving— (a) that house, office, room, or place; or (b) any land or building used as a means of access to, or of exit or escape from the same, any police officer may, without warrant, arrest that person and take him or her before a court. That person, unless he or she proves that he or she was in, or on, or entering, or leaving for a lawful purpose is guilty of an offence. Maximum penalty: $5 000. 85—Penalty on owner of house used in contravention of Act If after service under section 83(1)(b) on an owner of a notice of the making of a declaration with respect to a house, office, room, or place, and while the declaration is in force, that house, office, room, or place is used in contravention of this Act, the owner is, unless the owner proves that he or she has taken all reasonable steps to evict the occupier from the house, office, room or place, guilty of an offence. Maximum penalty: $5 000. 86—Penalty on occupier If after service under section 83(1)(b) on an occupier of a notice of the making of a declaration with respect to a house, office, room, or place, and while the declaration is in force, that house, office, room, or place is used in contravention of this Act, the occupier is, unless the occupier proves that he or she has taken reasonable steps to prevent such use, guilty of an offence. Maximum penalty: $20 000 or imprisonment for 1 year. 87—Entry by police If a declaration under section 83 is in force with respect to any house, office, room, or place, any police officer may, without warrant— (a) enter the said house, office, room, or place; (b) enter any land or building which the officer has reasonable grounds to suspect is used as a means of access to or of exit or escape from the house, office, room or place; (c) pass through, from, over, and along any other land or building for a purpose set out in paragraph (a) or (b); (d) for a purpose set out in paragraph (a), (b) or (c), break open doors, windows, and partitions, and do such other acts as are necessary; (e) seize any instruments of gaming and any instruments of betting and documents relating to betting, and any money and securities for money in any such house, office, room, or place. 88—Obstructing the police A person must not— (a) obstruct; or (b) aid in obstructing; or (c) solicit any other person to obstruct or aid in obstructing, a police officer in the exercise of any power conferred on the officer by this Act. Maximum penalty: $10 000 or imprisonment for 1 year. 88A—Certain offences Any person who is in or near to any place whether a public place or not for the purpose of giving any warning to any person of the presence or approach of any police officer or for the purpose of preventing the detection of any offence against this Act is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 1 year. 89—Evidence of house being a gaming-house If— (a) any police officer or other person acting in the officer's assistance authorised under this Act to enter any house, room, office or place is wilfully prevented from or is obstructed or delayed in entering the same or any part of the house, room, office or place; or (b) any external or internal door of or means of access to any such house, office, room, or place so authorised to be entered is found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purpose of preventing, delaying, or obstructing the entry into the same or any part of the house, room, office or place of any police officer authorised under this Act, or any person acting in the officer's assistance, or for the purpose of giving an alarm in case of such entry; or (c) any such house, office, room, or place is found fitted or provided with any means or contrivance for unlawful gaming, or with any means or contrivance for concealing, removing, or destroying any instruments of gaming, it is evidence, unless the contrary is proven, that such house, office, room, or place, is used as a common gaming-house, and that the persons found in the house, office, room or place were playing an unlawful game. 90—Keeping house for purpose of gaming (1) No house, office, room, or place may be opened, kept, or used for the purpose of— (a) unlawful gaming; (b) the occupier betting with persons at the house, office, room or place; (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 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 set out in subsection (1) is a common nuisance and unlawful. (3) A person must not be the occupier of any such house, office, room, or place kept or used for any of the purposes set out in this section. Maximum penalty: $20 000 or imprisonment for 1 year. (4) It is not necessary to prove that the occupier knew that the premises were kept or used for any of the purposes set out in this section, but such person must not be convicted if he or she proves that he or she did not know and could not by the exercise of all reasonable diligence have known that the premises were being so kept or used. 91—Advancing money for the purpose of gaming A person must not advance or furnish money for the purpose of gaming with persons frequenting any such house, room, or place. Maximum penalty: $20 000 or imprisonment for 1 year. 92—Receiving money for betting (1) An occupier of a house, office, room, or place used for any of the purposes mentioned in section 90 must not receive, directly or indirectly, any money or valuable thing as a deposit on any bet on the happening of any event or contingency of or relating to any race, fight, game, sport, or exercise, or as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give any money or valuable thing on any such event or contingency. Maximum penalty: $20 000 or imprisonment for 1 year. (2) A person must not, on the receipt of any money or valuable thing so paid or given as referred to in subsection (1), give any acknowledgment, note, security, or draft purporting or intending to entitle any other person to receive any money or valuable thing on the happening of any such event or contingency as referred to in subsection (1). Maximum penalty: $20 000 or imprisonment for 1 year. (3) Any money or valuable thing received by any such person referred to in subsection (1) or (2) as a deposit on any bet, or as or for the consideration for any such assurance, undertaking, promise, or agreement, as referred to in subsection (1) or (2), will be deemed to have been received to or for the use of the person from whom it was received, and that money or valuable thing, or the value of that money or thing, may be recovered accordingly, with full costs, in any court of competent jurisdiction. 93—Exhibiting placards or advertising betting houses A person must not— (a) print, exhibit, or publish, or cause to be printed, exhibited, or published any placard, handbill, card, writing, sign, or advertisement from which it appears that any house, office, room, or place is opened, kept, or used for the purpose of making bets on any event or contingency of or relating to any race, fight, game, sport, or exercise, or for the purpose of exhibiting lists for betting, or with intent to induce any person to resort to such house, office, room, or place for the purpose of making such bets; (b) on behalf of the occupier of any such house, office, room, or place invite other persons to the house, office, room or place, for the purpose of making such bets. Maximum penalty: $5 000. 94—Betting advertisements A person must not print, send, exhibit, publish, or cause to be printed, sent, exhibited, or published any letter, circular, telegram, placard, handbill, card, or advertisement or make or cause to be made any announcement by means of any wireless broadcast— (a) from which it appears that any person, either in the State or elsewhere, will on application give information or advice for the purpose of or in respect to any bet on any event or contingency of or relating to any race, fight, game, sport, or exercise, or will make on behalf of any other person any such bet; (b) with intent to induce any person to apply to any house, office, room, or place, or to any person with a view to obtaining information or advice for the purpose of any such bet or with respect to any such event or contingency; (c) inviting any person to make or take any share in or in connection with any such bet. Maximum penalty: $5 000. 95—Giving false name and address A person found in any house, room, or place entered by any police officer or person assisting the officer to enter the same, on being arrested by such police officer or person assisting, or on being brought before a court, on being required by such police officer, person or court to give his or her name and address, must not refuse or neglect to give the same, or give any false name or address. Maximum penalty: $2 500. 96—Entrance and nomination fees exempted Nothing in this Act extends to the deposit, receipt, subscription, holding or payment of any money or valuable thing as entrance or nomination fees, or as part of the prize or stakes in respect of, any lawful race, game, sport or exercise. Part 7—Evidence 97—Immunity of police and other authorised persons No police officer acting under the orders or instructions of any other police officer who is his or her superior in rank, and no other person acting under the lawful instructions of any police officer, will be deemed to be an accomplice in the commission of any offence against this Act, nor will the officer giving such order or instructions, nor the officer or other person who acts in accordance with or attempts to act in accordance with the order or instructions, 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 officers 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 punishment. 98—Evidentiary provision relating to licences and permits In proceedings for an offence against this Act, an allegation in the complaint— (a) that a person was or was not at a specified time the holder of a specified licence or permit under another Act; or (b) that a specified licence or permit under another Act was at a specified time subject to specified conditions, will be accepted as proved in the absence of proof to the contrary. 99—Allegations to be prima facie proof The allegations in any complaint laid in respect of any alleged offence or offences against this Act— (a) that any person, firm, company, or partnership (as the case may be) named in the complaint is the owner, user, or occupier (as the case may be) of any place, room, or premises mentioned in the complaint; or (b) that any horse race, dog race, cycle race, or foot race, or coursing event (as the case may be) mentioned in the complaint was run at a place and on a date specified in the complaint, and that any horse or horses, dog or dogs, or person or persons named in the complaint took part in any race or coursing event mentioned in the complaint, will be accepted by the court as evidence of the truth of such allegations unless the contrary is proved. 100—Knowledge of owner as to occupancy of premises Any person, club, firm, company, or partnership using or occupying any place, room, or premises for the purpose of unlawful gaming will 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 is proved. 103—Prima facie evidence of unlawful gaming The discovery in any place or about the person of any of those found in that place (under circumstances which, combined with such discovery, raise in the mind of the court a reasonable suspicion that the purpose and provisions of this Act have been contravened) of cards, dice, balls, counters, tables, or other instruments of gaming, or of lists, cards, papers, documents, or things relating to racing or betting will be prima facie evidence that such place is used for unlawful gaming. 104—Evidence as to offences If on the hearing of any complaint for unlawful gaming the court is of opinion that any money or thing which has to its satisfaction been proved to have been given to, or received, or paid by the accused person, or given to, or received, or paid by any person or persons on his or her behalf, has been given in circumstances which, in the mind of the court, raise a reasonable suspicion that such money or thing was so given, received, or paid in contravention of the purposes and provisions of this Act, or any of them, such giving, receiving or paying will be prima facie evidence of the commission by the accused person of the offence charged in the complaint. 105—Reasonable suspicion sufficient to set up a prima facie case (1) If on the hearing of any complaint against any person for unlawful gaming, the evidence for the prosecution is such as to raise in the mind of the court hearing the complaint a reasonable suspicion that that person is guilty of the offence charged in the complaint, that evidence will be prima facie evidence that that person is guilty of that offence. (2) The provisions of this section do not limit the effect of any provisions of section 104, and the provisions of that section do not limit the effect of any provision of this section. 106—Certain allegations prima facie evidence The allegation in any complaint under section 114 that any person is an officer or agent of the body corporate named in the complaint or that any premises named in the complaint are or have been in the occupation or under the control of such body corporate will be prima facie evidence of the facts alleged. 107—Proof of age Whenever in any proceedings under this Act it is material to show that any person was at any material time under the age of 18 years— (a) the opinion of the court on its own view of such person; or (b) the opinion of a police officer who has seen such person, that such person was at the material time under the age of 18 years will be prima facie evidence of that fact. 108—Proof of publication (1) If the name of any person is printed or published on any placard, handbill, card, writing, sign, advertisement, circular, newspaper, or other notice or notification or document that fact may be accepted by the court as prima facie evidence that the said placard, handbill, card, writing, sign, advertisement, circular, newspaper, or other notice or notification or document was printed or, according to the nature of the charge, published by such person. (2) In this section— name includes any name, or any designation whatever, used or assumed by any person or by which any person is usually known or which is usually applied to any business or business premises of any person. 108A—"Silent" telephone evidence of unlawful gaming If it is proved on the hearing of any complaint for unlawful gaming that on the premises where it is charged that such unlawful gaming has taken place there is installed a telephone instrument the number of which does not appear in the current telephone directory, such proof will be prima facie evidence of the truth of such charge. Part 8—Procedure and miscellaneous 112—Form of complaint, defects in substance or form of conviction and amendment of complaint etc (1) It is sufficient in any complaint under this Act if the complaint gives the accused a reasonably clear and intelligible statement of the offence with which he or she is charged. (2) No conviction or warrant of commitment will be held void, invalid, or quashed for any defect in substance or in form. (3) The court may amend every complaint which, in its opinion, is defective or ought to be amended on such terms as to costs, adjournment, or otherwise as the court thinks fit. (4) Any special magistrate may amend any conviction or warrant of commitment at any time after it has been signed and before it has been executed. 113A—Dishonest, deceptive or misleading conduct A person involved (whether as principal, agent or employee) in the conduct of any gaming or betting operations who acts in a dishonest, deceptive or misleading manner in connection with the operations is guilty of an offence. Maximum penalty: $50 000 or 2 years imprisonment. 114—Premises of body corporate used for unlawful gaming (1) Where premises occupied by or under the control of a body corporate are, or during their occupation or control by that body corporate have been, used for the purpose of unlawful gaming, the body corporate and every officer of the body corporate who knowingly caused or permitted such unlawful gaming to take place commits an offence against this Act. Maximum penalty: $5 000. (2) In this section— director of a body corporate includes a person occupying or acting in the position of a director or member of the governing body of the body corporate, by whatever name called and whether or not validly appointed to occupy or duly authorised to act in the position, and includes any person in accordance with whose directions or instructions the directors or members of the governing body are accustomed to act; officer, in relation to a body corporate, means— (a) a director of the body corporate; or (b) the chief executive officer of the body corporate; or (c) a receiver or manager of any property of the body corporate or a liquidator of the body corporate; or (d) an employee of the body corporate with management responsibilities in respect of a matter in relation to which a contravention of subsection (1) has occurred. 115—Entry of shops, factories and club premises (1) Any police officer of rank not lower than sergeant or any police officer authorised in writing by any such officer may demand entrance at any time by day or night into— (a) any premises in respect of which a licence granted under the Liquor Licensing Act 1997 is in force; or (b) any shop or any part of a building occupied in connection with or for the purposes of a shop; or (c) any factory and the appurtenances of any factory; or (d) any building or place occupied by any club (whether a racing club or not) and the appurtenances of the building or place. (2) If admittance is refused or delayed for such time as makes it appear that wilful delay was intended— (a) the police officer may break into and employ force to enter such place; and (b) notwithstanding such breaking and entry, the occupier of such place and the person to whom such demand was made are guilty of an offence against this Act. Maximum penalty: $2 500. (3) The authority of a police officer, referred to in subsection (1), may be limited to 1 or more specified occasions, or 1 or more specified localities, or 1 or more specified places, or may authorise the police officer to act generally without limitation as to occasion, locality, or place, or may be limited in any manner deemed proper by the officer giving the authority. 117—Delegation (1) The Minister may delegate to a person (including a person for the time being holding or acting in a particular position) any of the Minister's powers or functions under this Act. (2) A delegation— (a) must be by instrument in writing; and (b) may be absolute or conditional; and (c) does not derogate from the power of the delegator to act in a matter; and (d) is revocable at will by the delegator. (3) A power or function delegated under this section may, if the instrument of delegation so provides, be further delegated in accordance with that instrument. 119—Regulations The Governor may make such regulations as are contemplated by, or as are necessary or expedient for the purposes of, this Act. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Formerly Lottery and Gaming Act 1936 Legislation repealed by principal Act The Gaming Offences Act 1936 repealed the following: Lottery and Gaming Act 1917 Lottery and Gaming Act Amendment Act 1919 Lottery and Gaming Act Amendment Act 1920 Lottery and Gaming Act Amendment Act 1921 Lottery and Gaming Act 1930 Lottery and Gaming Act Amendment Act 1934 Lottery and Gaming Acts Amendment Act 1934 Lottery and Gaming Acts Amendment Act 1935 Legislation amended by principal Act The Gaming Offences Act 1936 amended the following: Lottery and Gaming Act Amendment Act 1928 Lottery and Gaming and Licensing Acts Amendment Act 1933 Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement 1936 2282 Lottery and Gaming Act 1936 3.9.1936 3.9.1936 1938 2394 Lottery and Gaming Act Amendment Act 1938 6.10.1938 6.10.1938 1938 2417 Lottery and Gaming Act Amendment Act (No. 2) 1938 15.12.1938 19.12.1938 (Gazette 15.12.1938 p1497) 1939 11 Lottery and Gaming Act Amendment Act (No. 2) 1939 19.10.1939 19.10.1939 1939 13 Lottery and Gaming Act Amendment Act 1939 9.11.1939 9.11.1939 1943 11 Lottery and Gaming Act Amendment Act 1943 29.10.1943 29.10.1943 1945 42 Lottery and Gaming Act Amendment Act 1945 24.1.1946 24.1.1946 1947 37 Lottery and Gaming Act Amendment Act 1947 11.12.1947 11.12.1947 1948 46 Lottery and Gaming Act Amendment Act 1948 22.12.1948 22.12.1948 1949 19 Lottery and Gaming Act Amendment Act 1949 27.10.1949 27.10.1949 1950 36 Lottery and Gaming Act Amendment Act (No. 1) 1950 30.11.1950 1.12.1950 (Gazette 30.11.1950 p1301) 1950 57 Lottery and Gaming Act Amendment Act (No. 2) 1950 7.12.1950 7.12.1950 1950 58 Lottery and Gaming Act Amendment Act (No. 3) 1950 7.12.1950 7.12.1950 1953 43 Lottery and Gaming Act Amendment Act 1953 17.12.1953 17.12.1953 1954 57 Lottery and Gaming Act Amendment Act 1954 23.12.1954 23.12.1954 1955 42 Lottery and Gaming Act Amendment Act 1955 8.12.1955 8.12.1955 1956 42 Lottery and Gaming Act Amendment Act 1956 22.11.1956 22.11.1956 1963 22 Lottery and Gaming Act Amendment Act 1963 14.11.1963 14.11.1963 1964 46 Lottery and Gaming Act Amendment Act 1964 30.10.1964 2.11.1964 (Gazette 5.11.1964 p1401) 1965 34 Lottery and Gaming Act Amendment Act 1965 9.12.1965 9.12.1965 1965 35 Lottery and Gaming Act Amendment Act (No. 2) 1965 9.12.1965 9.12.1965 1965 45 Lottery and Gaming Act Amendment Act (No. 3) 1965 9.12.1965 14.2.1966: s 3 1965 46 Lottery and Gaming Act Amendment Act (No. 4) 1965 9.12.1965 9.12.1965 1966 4 Lottery and Gaming Act Amendment Act 1966 10.2.1966 14.2.1966: s 3 1966 46 Lottery and Gaming Act Amendment Act (No. 2) 1966 13.10.1966 8.12.1966: s 3A of principal Act 1966 54 State Lotteries Act 1966 3.11.1966 8.12.1966 (Gazette 8.12.1966 p2152) 1967 1 Lottery and Gaming Act Amendment Act 1967 23.3.1967 23.3.1967 1967 29 Lottery and Gaming Act Amendment Act (No. 2) 1967 17.8.1967 24.8.1967 (Gazette 17.8.1967 p1063) 1967 56 Lottery and Gaming Act Amendment Act (No. 3) 1967 9.11.1967 9.11.1967 1969 4 Lottery and Gaming Act Amendment Act 1968 27.2.1969 27.2.1969 1969 5 Lottery and Gaming Act Amendment Act (No. 2) 1969 27.2.1969 27.2.1969 1969 6 Lottery and Gaming Act Amendment Act (No. 3) 1969 27.2.1969 27.2.1969 1969 103 Lottery and Gaming Act Amendment Act (No. 5) 1969 18.12.1969 18.12.1969 1970 20 Lottery and Gaming Act Amendment Act 1970 24.9.1970 1.4.1971 (Gazette 25.2.1971 p24) 1970 51 Lottery and Gaming Act Amendment Act (No. 2) 1970 10.12.1970 10.12.1970 1971 10 Lottery and Gaming Act Amendment Act 1971 1.4.1971 1.4.1971 1971 15 Age of Majority (Reduction) Act 1971 8.4.1971 15.4.1971 (Gazette 15.4.1971 p1598) 1971 32 Lottery and Gaming Act Amendment Act (No. 3) 1971 22.4.1971 22.4.1971 1971 38 Lottery and Gaming Act Amendment Act (No. 2) 1971 29.4.1971 29.4.1971 1972 26 Lottery and Gaming Act Amendment Act 1972 6.4.1972 13.4.1972 (Gazette 13.4.1972 p1430) 1972 33 Lottery and Gaming Act Amendment Act (No. 2) 1972 13.4.1972 6.5.1972 (Gazette 4.5.1972 p1680) 1973 18 Lottery and Gaming Act Amendment Act 1973 13.9.1973 17.9.1973 (Gazette 13.9.1973 p1987) 1973 89 Lottery and Gaming Act Amendment Act (No. 2) 1973 13.12.1973 1.1.1974 (Gazette 20.12.1973 p3337) 1974 127 Lottery and Gaming Act Amendment Act 1974 12.12.1974 23.12.1974 (Gazette 12.12.1974 p3648) 1975 113 Lottery and Gaming Act Amendment Act 1975 27.11.1975 27.11.1975 1976 104 Racing Act 1976 16.12.1976 Sch 2—1.1.1977 (Gazette 16.12.1976 p2252) 1978 47 Lottery and Gaming Act Amendment Act 1978 13.4.1978 13.4.1978 1980 105 Lottery and Gaming Act Amendment Act 1980 18.12.1980 1.1.1981 (Gazette 18.12.1980 p2364) except ss 3(a), (b) & 4—6—2.7.1981 (Gazette 2.7.1981 p2) 1982 60 Lottery and Gaming Act Amendment Act 1982 1.7.1982 1.7.1982 1983 78 Lottery and Gaming Act Amendment Act 1983 17.11.1983 17.11.1983 1984 30 Lottery and Gaming Act Amendment Act 1984 10.5.1984 10.5.1984 1988 27 Lottery and Gaming Act Amendment Act 1988 21.4.1988 1.9.1990 (Gazette 19.7.1990 p344) 1988 54 Lottery and Gaming Act Amendment Act (No. 2) 1988 8.9.1988 8.9.1988 1995 5 Lottery and Gaming (Miscellaneous) Amendment Act 1995 9.3.1995 9.3.1995 except s 3—30.11.1994: s 2 1995 18 Lottery and Gaming (Two up on Anzac Day) Amendment Act 1995 13.4.1995 13.4.1995 1996 75 Lottery and Gaming (Sweepstakes) Amendment Act 1996 14.11.1996 14.11.1996 1996 95 Criminal Assets Confiscation Act 1996 19.12.1996 7.7.1997 (Gazette 12.6.1997 p2962) 1999 3 Lottery and Gaming (Trade Promotion Lottery Licence Fees) Amendment Act 1999 11.3.1999 11.3.1999 2000 95 Authorised Betting Operations Act 2000 21.12.2000 Sch 2 (cl 3)—14.12.2001 (Gazette 6.12.2001 p5266) 2001 23 Statutes Amendment (Corporations) Act 2001 14.6.2001 Pt 21 (ss 84 & 85)—15.7.2001 being the day on which the Corporations Act 2001 of the Commonwealth came into operation: Commonwealth of Australia Gazette No. S 285, 13.7.2001 (Gazette 21.6.2001 p2270) 2003 44 Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) 2003 48 Lottery and Gaming (Lottery Inspectors) Amendment Act 2003 20.11.2003 1.3.2004 (Gazette 18.12.2003 p4524) 2005 12 ANZAC Day Commemoration Act 2005 21.4.2005 Sch 1—15.3.2007 (Gazette 15.3.2007 p811) 2005 56 Justices of the Peace Act 2005 17.11.2005 Sch 2 (cll 34—38)—1.7.2006 (Gazette 22.6.2006 p2012) 2006 17 Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 48 (s 163)—4.9.2006 (Gazette 17.8.2006 p2831) 2008 47 Statutes Amendment (Betting Operations) Act 2008 4.12.2008 Pt 3 (ss 34 & 35)—1.3.2009 (Gazette 26.2.2009 p764) 2015 22 Statutes Amendment (Gambling Measures) Act 2015 1.10.2015 Pt 4 (ss 17—19) & Sch 1—1.1.2016 (Gazette 17.12.2015 p5266) 2019 41 Lotteries Act 2019 12.12.2019 Sch 1 (cll 2 to 12, 14 & 15)—10.12.2021 (Gazette 28.10.2021 p3851) Provisions amended since 3 February 1976 • Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 6 of The Public General Acts of South Australia 1837-1975 at page 617. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Long title amended by 44/2003 s 3(1) (Sch 1) 24.11.2003

amended by 41/2019 Sch 1 cl 2 10.12.2021 Pt 1

s 1 amended by 41/2019 Sch 1 cl 3 10.12.2021 s 2 amended by 104/1976 s 4(2) (Sch 2) 1.1.1977

omitted under Legislation Revision and Publication Act 2002 24.11.2003 s 3 amended by 78/1983 s 2 17.11.1983

deleted by 44/2003 s 3(1) (Sch 1) 24.11.2003 s 3A deleted by 41/2019 Sch 1 cl 4 10.12.2021 s 4

authorised lottery deleted by 41/2019 Sch 1 cl 5 10.12.2021 bet or make a bet inserted by 105/1980 s 3(a) 2.7.1981

amended by 22/2015 Sch 1 1.1.2016 board deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 bookmaker inserted by 105/1980 s 3(a) 2.7.1981 chairman deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 controlling authority deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 court deleted by 56/2005 Sch 2 cl 34 1.7.2006 exempted lottery substituted by 105/1980 s 3(b) 2.7.1981

deleted by 41/2019 Sch 1 cl 5 10.12.2021 horse race deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 instant lottery ticket inserted by 48/2003 s 4(1) 1.3.2004

deleted by 41/2019 Sch 1 cl 5 10.12.2021 lottery amended by 22/2015 Sch 1 1.1.2016

deleted by 41/2019 Sch 1 cl 5 10.12.2021 lottery inspector or inspector inserted by 48/2003 s 4(2) 1.3.2004

deleted by 41/2019 Sch 1 cl 5 10.12.2021 multiple betting deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 public place amended by 22/2015 Sch 1 1.1.2016 racecourse deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 race meeting deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 racing club deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 sweepstakes substituted by 75/1996 s 2 14.11.1996

deleted by 41/2019 Sch 1 cl 5 10.12.2021 trade-promotion lottery inserted by 105/1980 s 3(c) 1.1.1981

deleted by 41/2019 Sch 1 cl 5 10.12.2021 the Executive Committee of the League deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 the Fund deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 the League deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 the Totalisator Agency Board deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 the Trotting Control Board deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 totalisator deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 unlawful gaming amended by 104/1976 s 4(2) (Sch 2) 1.1.1977

amended by 22/2015 s 17(1), (2), Sch 1 1.1.2016 s 4A substituted by 95/2000 Sch 2 cl 3(a) 14.12.2001 s 4AB inserted by 95/2000 Sch 2 cl 3(a) 14.12.2001 Pt 2 before deletion by 41/2019

s 5 amended by 22/2015 Sch 1 1.1.2016 s 6

s 6(1)—(3) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 ss 7 and 8 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 9

s 9(1) s 9 amended by 105/1980 s 4 2.7.1981

s 9 redesignated as s 9(1) by 5/1995 s 3 30.11.1994

amended by 22/2015 Sch 1 1.1.2016 s 9(2) inserted by 5/1995 s 3 30.11.1994 ss 10 and 11 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 12

s 12(1) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 12(2) amended by 22/2015 Sch 1 1.1.2016 s 13 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 14 amended by 22/2015 Sch 1 1.1.2016 Pt 2 deleted by 41/2019 Sch 1 cl 6 10.12.2021 Pt 2A before deletion by 41/2019

s 14A amended by 22/2015 Sch 1 1.1.2016 s 14B

s 14B(1) amended by 105/1980 s 5 2.7.1981

amended by 60/1982 s 2(a) 1.7.1982

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 3/1999 s 2(a) 11.3.1999

amended by 95/2000 Sch 2 cl 3(b) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 14B(2) amended by 22/2015 Sch 1 1.1.2016 s 14B(3) inserted by 60/1982 s 2(b) 1.7.1982

substituted by 3/1999 s 2(b) 11.3.1999 s 14B(4) inserted by 60/1982 s 2(b) 1.7.1982 s 14B(5) inserted by 3/1999 s 2(c) 11.3.1999 s 14C

s 14C(1) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 14C(2) amended by 22/2015 Sch 1 1.1.2016 s 14D amended by 22/2015 Sch 1 1.1.2016 Pt 2A deleted by 41/2019 Sch 1 cl 6 10.12.2021 Pt 3 before deletion by 41/2019 deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977

inserted by 27/1988 s 3 1.9.1990 s 15

instant lottery ticket deleted by 48/2003 s 5 1.3.2004 s 16

s 16(1) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001 s 18

s 18(3) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001 s 20 substituted by 5/1995 s 4 9.3.1995 Pt 3 deleted by 41/2019 Sch 1 cl 6 10.12.2021 Pt 3A deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 Pt 3B deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 Pt 4 deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977

inserted by 48/2003 s 6 1.3.2004

deleted by 41/2019 Sch 1 cl 6 10.12.2021 Pt 4A deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 Pt 5

s 49 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 50

s 50(1) and (2) amended by 22/2015 Sch 1 1.1.2016 s 50A inserted by 78/1983 s 3 17.11.1983

amended by 22/2015 Sch 1 1.1.2016 ss 51—54 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 54A deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 s 55 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 56 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016

deleted by 41/2019 Sch 1 cl 7 10.12.2021 s 57

s 57(1) s 57 amended and redesignated as s 57(1) by 5/1995 ss 5, 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 57(2) inserted by 5/1995 s 5 9.3.1995

substituted by 95/2000 Sch 2 cl 3(c) 14.12.2001 s 57(3)—(6) deleted by 95/2000 Sch 2 cl 3(c) 14.12.2001 s 58 amended by 104/1976 s 4(2) (Sch 2) 1.1.1977

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 58A amended by 22/2015 Sch 1 1.1.2016 s 59 amended by 22/2015 Sch 1 1.1.2016 s 59A inserted by 105/1980 s 6 2.7.1981 s 59A(3) amended by 22/2015 Sch 1 1.1.2016 s 59AA inserted by 18/1995 s 2 13.4.1995

deleted by 12/2005 Sch 1 cl 1 15.3.2007 s 60 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 47/2008 s 34(1), (2) 1.3.2009

amended by 22/2015 Sch 1 1.1.2016

(b) deleted by 41/2019 Sch 1 cl 8(1) 10.12.2021

amended by 41/2019 Sch 1 cl 8(2) 10.12.2021 s 61

s 61(1)—(3) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 61(4) inserted by 22/2015 s 18 1.1.2016 s 62 amended by 104/1976 s 4(2) (Sch 2) 1.1.1977

substituted by 105/1980 s 7 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 63 inserted by 47/1978 s 2 13.4.1978 s 63(1) amended by 105/1980 s 8(a) 1.1.1981

amended by 30/1984 s 2(a), (b) 10.5.1984

amended by 54/1988 s 2(a), (b) 8.9.1988

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(d), (h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 63(2) amended by 105/1980 s 8(b) 1.1.1981

amended by 30/1984 s 2(c) 10.5.1984

amended by 54/1988 s 2(c) 8.9.1988

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 64 deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977

inserted by 47/1978 s 2 13.4.1978 s 64(1) amended by 105/1980 s 9(a) 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(e), (h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 64(2) amended by 105/1980 s 9(b) 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 ss 65 deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977

inserted by 47/2008 s 35 1.3.2009 ss 66—67A deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 s 68 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 69

s 69(1) amended by 22/2015 Sch 1 1.1.2016 s 69(2) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 69(3) amended by 22/2015 Sch 1 1.1.2016 s 70 deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 s 71 amended by 105/1980 s 10 1.1.1981

deleted by 95/1996 Sch 2, cl 2 7.7.1997 s 72 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 73

s 73(1) amended by 22/2015 Sch 1 1.1.2016 s 73(2) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

(b) deleted by 44/2003 s 3(1) (Sch 1) 24.11.2003

amended by 22/2015 Sch 1 1.1.2016 s 73(3) and (4) inserted by 44/2003 s 3(1) (Sch 1) 24.11.2003 Pt 6

s 74

s 74(1) and (2) amended by 22/2015 Sch 1 1.1.2016 s 75 amended by 105/1980 s 11 1.1.1981

substituted by 5/1995 s 6 9.3.1995 s 75(1) amended by 95/2000 Sch 2 cl 3(h) 14.12.2001 s 76 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 77 amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 78

s 78(2)—(4) amended by 22/2015 Sch 1 1.1.2016 s 79

s 79(1) and (2) amended by 22/2015 Sch 1 1.1.2016 s 80

s 80(1) and (2) amended by 22/2015 Sch 1 1.1.2016 s 81

s 81(1)—(3) amended by 22/2015 Sch 1 1.1.2016 s 82

s 82(1) and (2) amended by 22/2015 Sch 1 1.1.2016 s 83

s 83(1) and (2) amended by 22/2015 Sch 1 1.1.2016 s 84 amended by 105/1980 s 12 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 85 amended by 105/1980 s 13 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 86 amended by 105/1980 s 14 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 87 amended by 22/2015 Sch 1 1.1.2016 s 88 amended by 105/1980 s 15 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 88A amended by 105/1980 s 16 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 89 amended by 22/2015 Sch 1 1.1.2016 s 90

s 90(1) and (2) amended by 22/2015 Sch 1 1.1.2016 s 90(3) amended by 105/1980 s 17 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 90(4) amended by 22/2015 Sch 1 1.1.2016 s 91 amended by 105/1980 s 18 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 92

s 92(1) and (2) amended by 105/1980 s 19 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 92(3) amended by 17/2006 s 163 4.9.2006

amended by 22/2015 Sch 1 1.1.2016 s 93 amended by 105/1980 s 20 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 94 amended by 105/1980 s 21 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 22/2015 Sch 1 1.1.2016 s 95 amended by 105/1980 s 22 1.1.1981

amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 56/2005 Sch 2 cl 35(1), (2) 1.7.2006

amended by 22/2015 Sch 1 1.1.2016 s 96 amended by 22/2015 Sch 1 1.1.2016 Pt 7

s 97 amended by 22/2015 Sch 1 1.1.2016 s 98 inserted by 105/1980 s 23 1.1.1981

substituted by 95/2000 Sch 2 cl 3(f) 14.12.2001 ss 99—104 amended by 22/2015 Sch 1 1.1.2016 ss 101 and 102 deleted by 41/2019 Sch 1 cl 9 10.12.2021 s 105

s 105(1) amended by 56/2005 Sch 2 cl 36 1.7.2006

amended by 22/2015 Sch 1 1.1.2016 s 105(2) amended by 22/2015 Sch 1 1.1.2016 ss 106 and 107 amended by 22/2015 Sch 1 1.1.2016 s 108

s 108(1) amended by 22/2015 Sch 1 1.1.2016 s 108A amended by 22/2015 Sch 1 1.1.2016 s 109 deleted by 5/1995 s 8 (Sch) 9.3.1995 s 110 amended by 105/1980 s 24 1.1.1981

deleted by 5/1995 s 8 (Sch) 9.3.1995 s 110A deleted by 95/1996 Sch 2, cl 2 7.7.1997 Pt 8

s 112

s 112(1)—(3) amended by 22/2015 Sch 1 1.1.2016 s 113 deleted by 23/2001 s 84 15.7.2001 s 113A inserted by 95/2000 Sch 2 cl 3(g) 14.12.2001

amended by 41/2019 Sch 1 cl 10 10.12.2021 s 114

s 114(1) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 23/2001 s 85(a) 15.7.2001

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001 s 114(2) substituted by 23/2001 s 85(b) 15.7.2001 s 115

s 115(1) amended by 56/2005 Sch 2 cl 37(1) 1.7.2006

amended by 22/2015 Sch 1 1.1.2016 s 115(2) amended by 5/1995 s 8 (Sch) 9.3.1995

amended by 95/2000 Sch 2 cl 3(h) 14.12.2001

amended by 56/2005 Sch 2 cl 37(2) 1.7.2006

amended by 22/2015 Sch 1 1.1.2016 s 115(3) amended by 22/2015 Sch 1 1.1.2016 s 116 amended by 22/2015 Sch 1 1.1.2016

deleted by 41/2019 Sch 1 cl 11 10.12.2021 s 117 deleted by 5/1995 s 8 (Sch) 9.3.1995 s 117 inserted by 22/2015 s 19 1.1.2016 s 118 deleted by 22/2015 Sch 1 1.1.2016 s 119 inserted by 27/1988 s 4 1.9.1990 Sch 1 deleted by 44/2003 s 3(1) (Sch 1) 24.11.2003 Sch 2 before deletion by 22/2015 inserted by 78/1983 s 4 17.11.1983 heading substituted by 44/2003 s 3(1) (Sch 1) 24.11.2003 Sch 2 deleted by 22/2015 Sch 1 1.1.2016 Sch 3 deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 Sch 4 deleted by 56/2005 Sch 2 cl 38 1.7.2006 Sch 5 deleted by 104/1976 s 4(2) (Sch 2) 1.1.1977 Transitional etc provisions associated with Act or amendments Lottery and Gaming (Miscellaneous) Amendment Act 1995 7—Transitional The amendment effected by section 3 of this Act does not invalidate or make unlawful a lottery opened before the commencement of that section. Lotteries Act 2019, Sch 1 Pt 3—Transitional provisions etc 12—Interpretation In this Part— former Act means the Lottery and Gaming Act 1936, as in force before the commencement of Part 2 of this Schedule. 14—Licences under former Act (1) A licence to conduct a lottery in force under the former Act immediately before the commencement of clause 6 of this Schedule continues as if it were a licence granted by the Commissioner under Part 3 of this Act. (2) A licence in force under Part 3 of the former Act immediately before the commencement of clause 6 of this Schedule continues as if it were a licence granted by the Commissioner under Part 4 of this Act. 15—Inspectors appointed under repealed Act A person who was, immediately before the commencement of clause 6 of this Schedule, a lottery inspector under the former Act is, on the commencement of clause 6 of this Schedule, taken to be an inspector authorised for the purposes of this Act under the Gambling Administration Act 2019. Historical versions Reprint No 1—1.10.1991

Reprint No 2—9.3.1995

Reprint No 3—13.4.1995

Reprint No 4—14.11.1996

Reprint No 5—7.7.1997

Reprint No 6—11.3.1999

Reprint No 7—15.7.2001

Reprint No 8—14.12.2001

Reprint No 9—24.11.2003

Reprint No 10—1.3.2004

1.7.2006

4.9.2006

15.3.2007

1.3.2009

1.1.2016

Compliance under the Act is practical and evidence‑driven. The statute places duties on operators, owners, occupiers and advertising/marketing channels. The following is a practitioner checklist grounded in the statutory provisions.

Operators (bookmakers, betting exchanges, totalisator agents)

Check authorisation: confirm whether an Act other than the Gaming Offences Act expressly authorises the gambling activity (s 4AB). Where a statutory licence exists under another Act, the Gaming Offences Act operates subject to it.
Avoid unauthorised operations: do not act as a bookmaker (s 63), conduct unauthorised totalisator betting (s 64) or establish/conduct a betting exchange (s 65) unless authorised. Note that s 65(2) captures facilities that allow persons in South Australia to make bets.
Recordkeeping and identification: retain contemporaneous records showing the legal basis for taking bets or operating facilities, and evidence of customer location determination processes for online services to show whether SA persons were allowed to bet via the facility.
Advertising controls: do not publish advertisements inviting the public to make bets or advertise the services of a person who conducts totalisator betting, acts as a bookmaker or conducts a betting exchange (s 60(c)). Maintain centralised review and approval for marketing materials and digital targeting controls to exclude South Australian addresses where necessary.

Owners and occupiers of premises

Active prevention: if you are an owner or agent, take "all reasonable steps" to prevent the use of premises for unlawful gaming to preserve statutory defences under s 76. Document steps taken: lease clauses forbidding gambling, regular inspections, notices to tenants, CCTV records, and written responses to suspicious activity.
Respond promptly to notices: if served with a notice to quit under s 78 or a declaration under s 80, act immediately. Applications to the Supreme Court to cancel a notice to quit must be made promptly with evidence that premises were not used for unlawful gaming (s 79).
Post‑service steps and title records: recognise that service may lead to memorial registration in land records after seven days (s 78(4)); seek injunctive relief within that timeframe if appropriate.
Eviction process: where the Act allows eviction without further authority, ensure any eviction steps comply with the Act and are properly documented so as to rely on statutory powers.

Hospitality venues and licensed premises

Age verification and staff training: prevent persons under 18 from betting or being permitted to bet (ss 53-55). Train staff to identify and refuse bets from under‑18s and maintain records of ID checks.
Control of implements and activities: remove or prevent installation of gaming implements; if a machine is suspected to be an instrument of unlawful gaming, act to disable it or seek legal advice , the Governor may declare devices unlawful (s 59A).
Liaise with police: where police serve notices under s 73 requiring doors to be opened for inspection, comply with specified terms; refusal can attract penalties (s 73(3)).

Online and remote service providers

Geofencing and compliance: implement robust geolocation controls to prevent South Australians from accessing facilities that would otherwise be taken to "conduct a betting exchange in South Australia" under s 65(2). Keep logs showing blocking or denial of access to SA IP ranges or verified SA billing addresses.
Transaction monitoring and AML: maintain transaction logs evidencing the nature of funds received and whether any money was solicited for totalisator purposes (s 57-58), and be prepared to rebut prima facie inferences if money receipt is proved.

Advertising and communications

Pre‑publish compliance checks: ensure all advertising and communications are reviewed against s 60 and ss 93-94 restrictions. Electronic communications targeting SA must be screened out where the advertised activity would be unlawful.
Telephone practices: avoid having unlisted telephone numbers operating from premises where gaming is taking place; s 108A treats an unlisted ("silent") telephone number as prima facie evidence of unlawful gaming.

Dealing with police and enforcement

Cooperation with lawful orders: police acting under ss 73 and 87 have powers of entry and seizure. Comply with lawful instructions but document the encounter; police are given immunity under s 97.
Contesting notices and declarations: use statutory remedies , apply to the Supreme Court under s 79 to cancel a notice to quit or s 81 to rescind a common gaming‑house declaration; serve required notices in time to preserve stays (s 79(2)).

Records and documentation

Maintain contemporaneous documentary evidence of steps taken to prevent unlawful use of premises, staff training records, age verification logs, refusal of service logs, CCTV images and correspondence with tenants and police. These are the types of evidence that the Act anticipates as means to rebut presumptions (e.g. s 75(2), s 100).
Contracts and securities: avoid entering agreements to pay debts incurred for gaming (s 50A); if asked to secure such a debt, decline and document the nature of the transaction because a mortgage/charge given for an illegal consideration is deemed void (s 50A(2)).

Legal and risk management

Seek prompt legal advice if notified by police or if premises are suspected of gaming activities. Timeframes for eviction, memorial entry and publication are short and judicial remedies must be pursued quickly.
Corporate compliance: boards and officers should ensure oversight of premises and online platforms. Section 114 exposes bodies corporate and officers who knowingly caused or permitted unlawful gaming to liability.

Following these steps will not guarantee immunity, but they are the concrete actions that the Act’s language anticipates as evidence of reasonable steps and lawful conduct. Documentation and quick procedural responses are integral because of the Act’s evidentiary presumptions and the rapid timelines for certain enforcement steps.

Gaming Offences Act 1936

Plain English Summary

Deep Dive

What it does

Current sections

Gaming Offences Act 1936

Source text: opening excerpt

1 Gaming Offences Act 1936

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply