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SUPPRESSION OF PUBLIC
BETTING AND GAMING.
The following bill to provide for the better
suppression of betting and gaming in public
places, and for other purposes, has been
prepared by the Hon. the Attorney-General :
Be it enacted by His Excellency the
Governor of Tasmania, by and with the
advice and consent of the Legislative Council
and House of Assembly, in Parliament
assembled, as follows :—
1. This Act may for all purposes be cited
as The Suppression of Public Betting and
Gaming Act, 1896.
2. Every person betting or offering to bet
by way of wagering or gaming in any public
place or in any place to which the public are
or shall be permitted to have access, whether
on payment of money or otherwise, shall be
liable upon conviction to a penalty of not
less than 40s. nor more than £100, or to be
imprisoned for any term not exceeding six
months.
3. No house, office, room, or other place
shall be opened, kept, or used for the pur-
pose of the owner, occupier, or keeper
thereof, or any person using the same, or
any person procured or employed by or
acting for or on behalf of such owner, occu-
pier, or keeper, or person using the same,
or of any person having the care or manage-
ment or in any manner conducting the
business thereof, betting with persons resort-
ing thereto, or for the purpose of any money
or valuable thing being received by or on
behalf of such owner, occupier, keeper, or
person as aforesaid as or for the consideration
for any assurance, undertaking, promise, or
agreement, express or implied, to pay or
give thereafter any money or valuable thing
on the happening of any event or contin-
gency of or relating to any horse race or
other 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 as aforesaid ; and
every house, office, room, or other place
opened, kept, or used for the purposes afore-
said, or any of them, is hereby declared to
be a common gaming house.
4. Any person who, being the owner or
occupier of any house, office, room, or other
place, or a person using the same, shall open,
keep, or use the same for the purposes here-
inbefore mentioned, or any of them, and
any person who, being the owner or occupier
of any house, office, room, or other place,
shall knowingly and wilfully permit the
same to be opened, kept, or used by any
other person for the purposes aforesaid, or
any of them, and any person having the
care or management of, or in any manner
assisting in conducting the business of any
house, office, room, or place opened, kept,
or used for the purposes aforesaid, or any of
them, shall be liable on conviction to a
penalty of not less than 40s. nor more than
£100, or to be imprisoned for any term not
exceeding six months.
5. Any person being the owner or occupier
of any house, office, room or place opened,
kept, or used for the purposes aforesaid or
any of them, or any person acting for or on
behalf of any such owner or occupier, or any
person having the care or management or in
any manner assisting in conducting the busi-
ness thereof, who shall receive directly or
indirectly any money or valuable thing as
a deposit on any bet on condition of paying
any sum of money or other valuable thing
on the happening of any event or contin-
gency of or relating to a horse race or
any other race, or any 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
thereafter any money or valuable thing on
any such event or contingency ; and any
person giving any acknowledgment, note,
security, or draft on the receipt of any
money or valuable thing so paid or given as
aforesaid, purporting or intending to entitle
the bearer or any other person to receive
any money or valuable thing on the happen-
ing of any such event or contingency as
aforesaid, shall be liable on conviction to a
penalty of not more than £50, or to be im-
prisoned for any term not exceeding three
months.
6. Any person exhibiting or publishing,
or causing to be exhibited or published, any
placard, handbill, card, writing, sign, or
advertisement, whereby it shall be made to
appear that any house, office, room, or
place is opened, kept, or used for the purpose
of making any bets or wagers in manner afore-
said, 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 bets or
wagers in manner aforesaid, or any
person who on behalf of the owner or
occupier of any such house, office, room, or
place, or persons using the same, shall invite
other persons to resort thereto for the pur-
pose of making bets or wagers in manner
aforesaid, shall be liable on conviction to a
penalty of not less than 40s. nor more than
£100, or to be imprisoned for any term not
exceeding six months.
7. Any person sending, exhibiting, or
publishing, or causing to be sent, exhibited,
or published, any letter, circular, telegram,
placard, handbill, card, or advertisement—
(1) Whereby it is made to appear that any
person in Tasmania or elsewhere will on
application give information or advice for
the purpose of or with respect to
such bet or wager or any such event
or contingency as is mentioned in this
Act, or will make on behalf of any other
person any such bet or wager as is men-
tioned in this Act ; or (2) With intent to
induce any person, whether any particular
person, or generally to apply to any house,
office, room, or place, or to any person,
with the view of obtaining information or
advice for the purpose of any such bet or
wager, or with respect to any such event or
contingency as is mentioned in this Act ; or
(3) Inviting any person, whether any par-
ticular person or generally, to make or take
any share in, or in connection with any
such bet or wager, or to take or purchase
any share, ticket, or interest in any lottery,
or to subscribe money or goods to entitle
him to participate in any distribution of
money or goods on the happening of
any such event or contingency as is
mentioned in this Act, shall be subject
to the penalties provided in the last pre-
ceding section with respect to offences under
that section.
8. Any person who makes or offers to
make any bet or wager with any person
whom he knows to be an infant, or with any
person on his behalf, or any person who for
the purpose of earning any commission,
reward, profit, benefit, or advantage sends
or, causes to be sent to any person
whom he knows to be an infant any
circular, notice, advertisement, letter, tele-
gram, or other document which invites or
may reasonably be implied to invite the
person receiving it to make any bet or wager
or to enter into or take any share or interest
in any betting or wagering transaction, or to
apply to any person or at any place with a
view to obtaining information or advice for
the purpose of any bet or wager, or for
information as to any race, game, sport, or
other contingency upon which betting or
wagering is generally carried on, shall be
guilty of an offence, and shall be liable on
conviction to imprisonment for any term not
exceeding six months, or to a penalty not
exceeding £100, or to both imprisonment
and penalty.
9. If any such circular, notice, advertise-
ment, letter, telegram, or other document as
in this Act mentioned names or refers to any
one as a person to whom any payment may
be made, or from whom information may be
obtained for the purpose of or in relation to
betting or wagering, the person so named
or referred to shall be deemed to have sent
or caused to be sent such document as
aforesaid, unless he proves that he had not
consented to be so named, and that he was
not in any way a party to and was wholly
ignorant of the sending of such document.
10. If any such circular, notice, advertise-
ment, letter, telegram, or other document
as in this Act mentioned is sent to any
person at any university, college, school, or
other place of education, and such person is
an infant, the person tending or causing the
same to be sent shall be deemed to have
known that such person was an infant unless
he proves that he had reasonable grounds
for believing such person to be of full age,
and the same shall be deemed to have been
so sent for the purpose of earning commis-
sion, reward, profit, benefit, or advantage,
unless he proves to the contrary.
11. Any person who makes a bet with or
wagers with any person who is apparently
an infant shall, if such person is an infant,
be deemed to have known that such person
was an infant unless he proves that he had
reasonable ground for believing, and did
believe, such person of full age.
12. Nothing in this Act contained shall
extend to any person receiving or holding
any money or valuable thing by way of
stakes or deposit to be paid to the winner
of any race or lawful sport, game, or exer-
cise, or to the owner of any horse engaged
in any race.
13 Nothing in this Act contained shall
apply to any person conducting any totali-
sator or lottery duly authorised by any Act
of Parliament or by any regulations made
from time to time by the Governor-in-
Council, or to any house, office, room, or
other place in which any such lottery is
conducted ; and the Governor-in-Council is
hereby empowered from time to time to
review regulations specifying the conditions
under which any such totalisator or lottery
may be conducted.
14. All offences against this Act, and all
penalties imposed or made payable by this
Act, shall be heard, determined, and re-
covered in a summary way by and before
any two or more justices of the peace in the
mode prescribed by the Magistrates' Sum-
mary Procedure Act.
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