AUSTRALIAN CAPITAL TERRITORY

Games Wagers and Betting-houses Act 1901 (New South Wales)     No 18
Republication No 2A
As in force on 31 July 1999
Includes all amendments up to Act 1998 No 67

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
31 July 1999

AUSTRALIAN CAPITAL TERRITORY

Games Wagers and Betting-houses Act 1901 (New South Wales) Act
CONTENTS
	Page
Part 1—Preliminary
	1	Short title	1
	2	Interpretation	1
Part 2—Gaming and Wagering
	4	Search under special warrant	1
	6	Liability of owner etc of gaming-house	3
	7	Proceedings by indictment not affected	3
	9	Not necessary to prove person playing for money	3
	10	Evidence that premises a gaming-house	4
	11	Protection of witnesses	4
	13	Unenforceable contracts	4
Part 3—Betting-houses Suppression
	14	Interpretation	4
	14A	Application—sports betting venues	5
	15	Search under special warrant	5
	16	Police authority to enter premises	5
	17	Betting-houses prohibited	5
	19	Penalty for keeping betting-house	6
	20	Penalty for receiving money as deposit for a bet	6
	21	Penalty for exhibiting placards as to betting	7
	22	Penalty for advertising as to betting	8
	23	Recovery of deposit on bet	8
	25	Arrest of offender about to abscond	9
Part 4—General Provisions
	26	Tender of amends	9
	27	Certain offences may be dealt with summarily	9
	SCHEDULE 2
	Special Warrant	10
ENDNOTES
	1	About this republication	11
	2	About the republished Act	11
	3	Abbreviation key	11
	4	Table of legislation	12
	5	Table of amendments (since Act 1984 No 41)	14
	6	Table of earlier republications	15

As in force on
31 July 1999

AUSTRALIAN CAPITAL TERRITORY

Games Wagers and Betting-houses Act 1901 (New South Wales) Act
An Act to consolidate the Acts concerning games and wagers for the suppression of betting-houses
Part 1—Preliminary
1 	Short title
	This Act may be cited as the Games Wagers and Betting-houses Act 1901.
2 	Interpretation
	Unless the contrary intention appears, words and expressions used in this Act and in the Gaming and Betting Act 1906 of the State of New South Wales in its application in the Territory have in this Act the same meaning as in that Act.
Part 2—Gaming and Wagering
4 	Search under special warrant
(1) 	Any magistrate upon complaint made on oath that there is reason to suspect any house room premises or place to be kept or used as a common gaming-house and that it is commonly reported and believed by the deponent so to be may by special warrant under his or her hand and seal authorise any officer of police to enter into such house room premises or place and arrest search and cause to be brought before the Magistrates Court all persons found therein and seize all tables instruments of gaming moneys and securities for money found therein.

(2) 	Every officer of police so authorised may obtain such assistance and use such force as is necessary and reasonable for making such entry and may search all parts of such house room premises or place where he or she suspects that tables instruments of gaming moneys or securities for money are concealed.
(3) 	Every special warrant shall be in the form contained in Schedule 2 or to the like effect.
6 	Liability of owner etc of gaming-house
(1) 	The owner or keeper of any such gaming-house or other person having the care or management thereof and every banker croupier and other person who acts in any manner in conducting such gaming-house room premises or place is guilty of an offence punishable on conviction—
	(a)	in the case of a natural person—by a fine not exceeding 100 penalty units or imprisonment for 12 months, or both; and
	(b)	in the case of a body corporate—by a fine not exceeding 500 penalty units.
(2) 	Every person found in such house room premises or place without lawful excuse is guilty of an offence punishable, on conviction, by a fine not exceeding 10 penalty units.
(3) 	Upon the conviction of any such offender all the moneys and securities for moneys seized as aforesaid shall be forfeited.
(4) 	The Magistrates Court may direct that all tables and instruments of gaming seized under a special warrant be destroyed.
7 	Proceedings by indictment not affected
	Nothing herein contained shall prevent any proceeding by indictment against the owner or keeper or other person having the care or management of any gaming-house or any room premises or place for gaming but no person shall be proceeded against by indictment and also under this Act for the same offence.
9 	Not necessary to prove person playing for money
	It shall not be necessary in support of any information or indictment for gaming in or suffering any games or gaming in or for keeping or using or being concerned in the management or conduct of a common gaming-house or place for gaming to prove that any person found playing at any game was playing for any money wager or stake.
10 	Evidence that premises a gaming-house
	Whenever any house room premises or place suspected to be used as a common gaming-house or place for gaming is entered under a warrant under the provisions of this Act the discovery therein or about the person of any of those found therein of instruments of gaming used in playing any unlawful game shall be evidence—
	(a)	that such house room premises or place is used as a common gaming-house; and
	(b)	that the persons found in the room or place where such instruments were discovered were playing therein although no play was actually going on in the presence of the officer of police entering under such warrant or his or her assistants.
11 	Protection of witnesses
	Every person concerned in any unlawful gaming who is examined as a witness before the Magistrates Court or on the trial of any indictment or information against the owner or keeper or other person having the care or management of any common gaming-house or place for gaming touching such unlawful gaming shall if he or she receives from the magistrate or judge before whom he or she is examined a certificate in writing to the effect that he or  she has made true and faithful discovery to the best of his or her knowledge of all things as to which he or she has been examined be freed from all criminal prosecutions forfeitures punishments and disabilities to which he or  she may have become liable for anything done before that time in respect of such unlawful gaming.
13 	Unenforceable contracts
	All contracts or agreements whether by parol or in writing by way of gaming or wagering shall be null and void and no suit shall be brought or maintained in any court for recovering any sum of money or valuable thing alleged to be won upon any wager or which has been deposited in the hands of any person to abide the event on which any wager has been made.
Part 3—Betting-houses Suppression
14 	Interpretation
	In this Part—
valuable thing includes any promise verbal or in writing conditional or absolute to pay or give any valuable thing.
14A 	Application—sports betting venues
	This Part does not apply in relation to a sports betting venue.
15 	Search under special warrant
(1) 	Any magistrate upon complaint made on oath that there is reason to suspect any house office room or place to be kept or used as a betting-house or office contrary to this Part may by special warrant under his or her hand authorise any officer of police to enter into such house office room or place and arrest search and cause to be brought before the Magistrates Court all persons found therein and seize all moneys coin notes cheques IOUs or other writings for securing the payment of money and all instruments of betting found in such house room office or place.
(2) 	Every officer of police so authorised may obtain such assistance and use such force as is necessary and reasonable for making such entry.
(3) 	Every special warrant shall be in the form contained in Schedule 2 or to the like effect.
16 	Police authority to enter premises
(1)	The deputy commissioner of police may upon receiving a report in writing from any superintendent or inspector of police that there are good grounds for believing and that he or she does believe any house office room or place to be kept or used as a betting-house contrary to this Part authorise by order in writing such superintendent or inspector with such officers of police as he or she directs to enter such house office room or place and to take into custody all persons and seize all instruments of betting found in such house or premises.
(2)	The deputy commissioner of police may by such order authorise such superintendent or inspector to obtain such assistance and use such force as is necessary and reasonable for the purpose of effecting an entry.
17 	Betting-houses prohibited
(1) 	No house office room or other place shall be opened, kept, or used for the purpose 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, occupier, or keeper, or person using the same, or of any person having the care or management, or in any manner conducting the business thereof, betting with persons resorting thereto.
(2)	In this section—
resorting thereto includes applying by the agency of another person by letter, by telegram or telephone, or by any other means of correspondence or communication.
19 	Penalty for keeping betting-house
(1) 	Whosoever opens keeps or uses any house office room or other place for any of the purposes mentioned in section 17 or knowingly and wilfully permits the same to be opened kept or used by any other person for any such purposes, or has the care or management of, or in any manner assists in conducting the business of, any such house, office, room or place opened kept or used for any of such purposes, is guilty of an offence punishable, on conviction, by a fine not exceeding—
	(a)	in the case of a natural person—100 penalty units or imprisonment for 1 year, or both; and
	(b)	in the case of a body corporate—500 penalty units.
(2) 	Every person found in such house office room or place without lawful excuse is guilty of an offence punishable, on conviction, by a fine not exceeding 10 penalty units.
(3) 	All moneys coin notes cheques IOUs or other writings for securing the payment of money and all instruments of betting found in such house room office or place may on conviction of any offender under the provisions of this section be adjudged to be forfeited or destroyed.
20 	Penalty for receiving money as deposit for a bet
	Whosoever being the owner or occupier of any house office room or place opened kept or used for any of the purposes mentioned in section 17 or a person acting for him or her or on his or  her behalf or as his or her manager or assistant—
	(a)	receives directly or indirectly any money or valuable thing—
	(i)	as a deposit on any bet on condition of paying any sum of money or valuable thing on the happening of any event or contingency of or relating to a horserace or other race or fight game sport or exercise; or
	(ii)	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; or
	(b)	gives any acknowledgment note security or draft on the receipt of any money or valuable thing paid or given as aforesaid purporting or intended to entitle the bearer or any other person to receive any money or valuable thing on the happening of any such event or contingency; 
is guilty of an offence punishable on conviction—
	(c)	in the case of a natural person—by a fine not exceeding 50 penalty units or imprisonment for 6 months, or both; and
	(d)	in the case of a body corporate—by a fine not exceeding 250 penalty units.
21 	Penalty for exhibiting placards as to betting
	Whosoever—
	(a)	exhibits or publishes or causes to be exhibited or published any placard handbill card writing sign or advertisement—
	(i)	whereby it is made to appear that any house office room or place is opened kept or used for the purpose of making bets or wagers in manner aforesaid or exhibiting lists for betting; or
	(ii)	with intent to induce any persons to resort to such house office room or place for the purpose of making bets or wagers in manner aforesaid; or
	(b)	on behalf of the owner or occupier of or person using any such house office room or place invites other persons to resort thereto for the purpose of making bets or wagers in manner aforesaid; 
is guilty of an offence punishable on conviction—
	(c)	in the case of a natural person—by a fine not exceeding 10 penalty units; and
	(d)	in the case of a body corporate—by a fine not exceeding 50 penalty units.
22 	Penalty for advertising as to betting
	Whosoever sends exhibits or publishes or causes to be sent exhibited or published any letter circular telegram placard handbill or advertisement—
	(a)	whereby it is made to appear that any person in the Territory or elsewhere will on application give information or advice for the purpose of or with respect to any such bet or wager or any such event or contingency as hereinbefore mentioned or will make on behalf of any other person any such bet or wager as is hereinbefore mentioned;
	(b)	with intent to induce any person to apply to any house office room or place or person with a 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 hereinbefore mentioned; or
	(c)	inviting any person to make or take a share in or in connection with any such bet or wager;
is guilty of an offence punishable on conviction—
	(d)	in the case of a natural person—by a fine not exceeding 10 penalty units; and
	(e)	in the case of a body corporate—by a fine not exceeding 50 penalty units.
23 	Recovery of deposit on bet
(1) 	Any money or valuable thing received by any person mentioned in section 20 as a deposit on any bet or as or for the consideration for any such assurance undertaking promise or agreement as is in the section referred to shall be deemed to have been received to the use of the person from whom it was received.
(2) 	Such money or valuable thing or the value thereof may be recovered accordingly with costs in any court of competent jurisdiction.
(3) 	Nothing in this Part 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 exercise or to the owner of any horse engaged in any race.
25 	Arrest of offender about to abscond
	Any magistrate may upon its being made to appear to his or her satisfaction by the oath of the complainant or other credible person that any person charged with the commission of any offence under this Part is about to depart immediately from the Territory and will thereby probably evade punishment issue his or her warrant for the apprehension of the person so charged for the purpose of his or her being brought before the Magistrates Court to be dealt with according to law.
Part 4—General Provisions
26 	Tender of amends
(1) 	No plaintiff shall recover in an action suit or other proceeding for any irregularity trespass or other wrongful proceeding made or committed in the execution of this Act or in under or by virtue of any authority thereby given if before action or suit brought tender of sufficient amends has been made by or on behalf of the party who committed the irregularity trespass or other wrongful proceeding.
(2) 	In case no tender has been made the defendant may by leave of the court in which the action suit or proceeding is pending pay into court at any time before issue joined such sum of money as he or she thinks fit and all proceedings orders and adjudications shall be had and made in and by the court as in other actions where defendants are allowed to pay money into court.
27 	Certain offences may be dealt with summarily
(1) 	Any proceedings in respect of an offence against this Act that is an indictable offence may be heard and determined by a court of summary jurisdiction where:
	(a)	the court is satisfied that it is proper to do so; and
	(b)	the defendant and the prosecution both consent to the offence being so dealt with.

SCHEDULE 2
Special Warrant
In the Magistrates Court at Canberra
To		, an officer of police
Whereas a complaint on oath has this day been made before the undersigned, a magistrate, that there is reason to suspect that (here describe the house, office, room, premises or place) is kept or used as a common gaming-house contrary to Part 2 (or as a betting-house or office contrary to Part 3) of the Games Wagers and Betting-houses Act 1901 of the State of New South Wales in its application in the Australian Capital Territory:
These are therefore to command you, in Her Majesty’s name, to enter the said house (or as appropriate) and arrest, search and cause to be brought before the Magistrates Court all persons found therein and to seize all tables, instruments of gaming, moneys and securities for money (or all moneys, coin, notes, cheques, IOUs or other writings for securing the payment of money, and instruments of betting) found therein.
Given under my hand at Canberra in the said Territory, this	       day of	       19     .
	J.S.
	Magistrate

ENDNOTES
1	About this republication
This is a republication of the Games Wagers and Betting-houses Act 1901 (NSW) as in force on 31 July 1999.  It includes all amendments made to the Act up to Act 1998 
No 67.
Amending laws are annotated in the table of legislation and to the extent indicated below, in the table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act
The Games Wagers and Betting-houses Act 1901 (NSW) (the republished Act) was in force in the Territory immediately before 1 January 1911 and was continued in force by the Seat of Government Acceptance Act 1909  of the Commonwealth.
Under the Seat of Government (Administration) Act 1910 of the Commonwealth the republished Act had effect in the Territory as if it were a law of the Territory.  Before self-government, the republished Act continued in effect subject to ordinances made under the Seat of Government (Administration) Act 1910.
The New South Wales Acts Application Ordinance 1984 (now the New South Wales Acts Application Act 1984) set out a text of the republished Act in an amended form.  (The text incorporated all amendments previously made to the republished Act.)  The table of amendments annotates only amendments made to the republished Act after the commencement of that ordinance.
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—New South Wales legislation
Act†	Year and number†	Assent	Commencement	Transitional provisions	

Games Wagers and Betting-houses Act 1901	1902 No 18	24 Dec 1902	24 Dec 1902	—	
Gaming and Betting Act 1906	1906 No 13	8 Oct 1906	8 Oct 1906	—	
Gaming and Betting (Amendment) Act 1906	1906 No 55	28 Dec 1906	28 Dec 1906	—	
Gaming and Betting (Amendment) Act 1907
	1907 No 2	12 July 1907	12 July 1907	—	
Part 2—Legislation before self-government
Ordinance†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Gaming and Betting Ordinance 1945	1945 No 10	13 Sept 1945	13 Sept 1945	—	
Games, Wagers and Betting-houses Ordinance 1964	1964 No 17	28 Aug 1964	1 Sept 1964	—	
Acts Revision (Decimal Currency) Ordinance 1966	1966 No 19	23 Dec 1966	23 Dec 1966	—	
Games, Wagers and Betting-houses Ordinance1967	1967 No 43	7 Dec 1967	7 Dec 1967	—	
Games, Wagers and Betting-houses Ordinance 1982	1982 No 16	7 May 1982	7 May 1982	—	
New South Wales Acts Application Ordinance 1984	1984 No 41	10 Aug 1984	10 Aug 1984	—	
Magistrates Court Ordinance 1985	1985 No 67	19 Dec 1985	1 Feb 1986 (see Gaz 1986 No G3
 p 265)	—	
Games, Wagers and Betting-houses (Amendment) Ordinance 1986	1986 No 35	7 Aug 1986	7 Aug 1986	—	
Games, Wagers and Betting-houses (Amendment) Ordinance 1987	1987 No 59	30 Oct 1987	30 Oct 1987	—	
Gaming and Betting Laws Amendment Ordinance 1987
	1987 No 61	30 Oct 1987	30 Oct 1987	—	

Part 3—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Statute Law Revision (Miscellaneous Provisions) Act 1992	1992 No 23	4 June 1992	4 June 1992	—	
Games Wagers and Betting-houses (Amendment) Act 1994	1994 No 55	5 Oct 1994	ss. 1 and 2:  5 Oct 1994
remainder:  11 Oct 1994 (see Gaz 1994 No S 226 p 3)	—	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss. 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 1998 No 49 p 1078)	—	
Custodial Escorts (Consequential Provisions) Act 1998	1998 No 67	23 Dec 1998	ss. 1 and 2:  23 Dec 1998
remainder:  23 Dec 1998 (see Gaz 1998 No 51 p 1118)
	—	
5	Table of amendments (since Act 1984 No 41)

Provision	How affected†

s 2	ins No 61, 1987; No 23, 1992
s 4	am No 67, 1985; No 35, 1986; No 67, 1998
s 6	am No 67, 1985; No 59, 1987; No 54, 1998
s 8	om No 61, 1987
s 10	am No 61, 1987
s 11	am No 67, 1985
s 13	am No 61, 1987
s 13A	om No 61, 1987
s 14A	ins No 55, 1994
s 15	am No 35, 1986; No 61, 1987; No 23, 1992; No 67, 1998
s 16	am No 35, 1986; No 61, 1987; R 2 (LR 15 (1) (e))
s 17	am No 61, 1987; R 2 (LR 15 (1) (e))
s 17A	om No 59, 1987
s 18	om No 61, 1987
s 19	am Nos 59 and 61, 1987; No 54, 1998
ss 20-22	am No 59, 1987; No 23, 1992; No 54, 1998
s 25	am No 67, 1985
s 27	sub No 59, 1987
	am No 54, 1998
Schedule 2	am No. 67, 1985; No 61, 1987; No 23, 1992; No 67, 1998

6	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1992 No 23	31 July 1992	
2	Act 1998 No 67	31 July 1999	

©  Australian Capital Territory 1999

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