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