AUSTRALIAN CAPITAL TERRITORY

gaming and betting act 1906
(new south wales)
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 26 February 1999
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Interpretation
	2A.	Application
	3.	Use of house etc. in contravention of the Act
	4.	Use of house as common gaming-house etc.
	5.	Use of land for access to common gaming-house etc.
	6.	Eviction of occupier of house
	7.	Cancellation of notice to quit
	8.	Declaration of common gaming-house
	9.	Rescission of declaration
	10.	Publication of notice of declaration or rescission
	11.	Service of notice of declaration
	12.	Arrest of person found in common gaming-house
	13.	Eviction by owner of declared premises
	14.	Penalty on occupier of declared premises
	15.	Police power to enter declared premises
	17.	Evidence of use of premises as common gaming-house
	17A.	Prohibited bookmaking
	17B.	Prohibited betting

	17C.	Possession of instruments of betting
	17D.	Possession of instruments of gaming
	17E.	Emergency search of vehicles etc.
	17F.	Requirement to furnish name etc.
	18.	Street betting
	19.	Recovery of money received illegally
	19B.	Betting information
	19C.	Averment as to races etc.
	23.	Prohibition of betting with infants
	24.	Presumption as to sender of gaming circular
	25.	Knowledge of infancy presumed where circular sent to school etc.
	26.	Knowledge of infancy presumed in case of betting with infant
	27.	Recovery of stolen money used for betting by infant
	28.	Certain offences may be dealt with summarily
Schedule
forms

AUSTRALIAN CAPITAL TERRITORY

gaming and betting act 1906
(new south wales)
An Act for the regulation and suppression of gaming, betting, and wagering;  to amend the Games Wagers and Betting-houses Act 1901, to restrict the holding of race-meetings; for the licensing of racecourses; and for purposes consequent thereon or incidental thereto
1. 	Short title
	This Act may be cited as the Gaming and Betting Act 19061.
2.3 	Interpretation 
	In this Act, unless the context otherwise requires:
“betting” includes the negotiation, acceptance and settling of bets by or with a bookmaker or any other person, and the transfer of money or any other valuable thing in connection with bets;
“betting offence” means an offence under:
	(a)	the Unlawful Games Act 1984;
	(b)	the Principal Act; or
	(c)	this Act;
in relation to betting;
“Bookmaker” includes any person who carries on the business of, or acts as, a bookmaker or turf commission agent or gains, or endeavours to gain, his livelihood wholly or partly by betting or making wagers;

“common gaming-house” means premises opened, kept or used (whether for invitees only or otherwise) for or in relation to unlawful betting or unlawful gaming;
“gaming offence” means an offence under:
	(a)	the Unlawful Games Act 1984;
	(b)	the Principal Act; or
	(c)	this Act;
in relation to gaming;
“Ground” means land, including any buildings thereon, and any room to which persons are admitted, either at all times or only at certain times, whether on payment of an entrance fee or charge or otherwise, for the purpose of taking part in or of witnessing any sports;
“instrument of betting” means any thing:
	(a)	used for or in relation to betting; or
	(b)	designed or adapted for use for or in relation to betting;
“instrument of gaming” means any thing:
	(a)	used for or in relation to gaming; or
	(b)	designed or adapted for use for or in relation to gaming;
“Loiter” means to idle or linger about;
“Occupier” of a house, office, room, or other place, or of any land, or building, includes the lessee or sublessee who is not the owner as hereinafter in this section defined;
“Owner” of a house, office, room or other place, or of any land or building, includes every person, company, or corporation who is, whether at law or in equity—
	(a)	entitled to the same for any estate of freehold in possession;
	(b)	the lessee of the same under a lease granted under the Leases Act 1918, the City Area Leases Act 1936, the Leases (Special Purposes) Act 1925 or the Church Lands Leases Act 1924; or
	(c)	in actual receipt of, or entitled to receive, or if the house, office, room, place, land, or building were let to a tenant, would be entitled to receive, the rents and profits of the same.
In the case of a house, office, room, place, or building subleased, “owner” includes any lessee or sublessee from whom a sublessee holds;
“Place,” in the expression “house, office, room, or other place,” includes a tent, ship, boat, building, erection, road, street, thoroughfare, alley, right of way (whether public or private), and all land (whether public or private) enclosed or otherwise;
“Principal Act” means Games Wagers and Betting-houses Act 1901;
“Public place” includes—
	(a)	every place to which the public are permitted to have access tacitly or otherwise and whether upon payment of money or not;
	(b)	any premises in respect of which a licence granted under the Liquor Act 1975 is in force;
	(c)	any shop, any part of a building occupied in connection with, or for the purposes of, a shop;
	(d)	any factory and the appurtenances of any factory;
	(e)	any building occupied by any club and the appurtenances thereof; and
	(f)	any place commonly used by the public, whether as trespassers or otherwise,
but does not include a sports betting venue, or a racecourse at any time during which a race meeting is in progress or would, but for its cancellation or postponement, be in progress, being a race meeting in respect of which the Australian Capital Territory Totalizator Agency Board established under the Betting (Totalizator Agency) Act 1964 is providing, or would, but for such a cancellation or postponement, be providing off-course totalizator betting facilities, an office or agency of that Board or an office from which a pool betting scheme approved under the Pool Betting Act 1964 is being carried on;
“racecourse” means a racecourse in respect of which a licence issued under the Racing Act 1935 is in force;
“race meeting” means:
	(a)	a meeting held at a racecourse to conduct races; and
	(b)	an attendance of persons at a racecourse:
	(i)	at a time during which races at that racecourse would, but for their cancellation or postponement, have been conducted; and
	(ii)	for the purpose of betting on races conducted at another racecourse, whether in the Territory or elsewhere;

“Sports” means bicycle races, footraces, horse races, pony races, trotting races, cricket or football matches, swimming carnivals, or any other game, exercise, pastime, or any fight or contest;
“sports betting venue” means a place determined under subsection 39B (1) of the Bookmakers Act 1985, at a time during which sports betting (within the meaning of that Act) is permitted to operate at that place in accordance with directions in force under subsection 39B (2) of that Act;
“Street” means every public street, thoroughfare, private street or road commonly used by or to which the public are permitted to have access, but does not include a sports betting venue;
“Unlawful game” has the same meaning as in the Unlawful Games Act 1984.
2A. 	Application
	Nothing in this Act or the Principal Act applies in relation to:
	(a)	gaming, or betting, that is lawful under any law in force in the Territory; or
	(b)	a contribution, or a contract or agreement to contribute, to any prize to be given to the winner of any lawful game or sport or any other lawful activity.
3. 	Use of house etc. in contravention of the Act
	In this Act a house, office, room, or other place is used in contravention of this Act if it or any part of it is used—
	(a)	as a common gaming-house; or
	(b)	in any manner prohibited by section 17 of the Principal Act as amended by this Act. 
4. 	Use of house as common gaming-house etc.
	Every owner and every occupier of any house, office, room, or other place who knowingly allows the same to be used in contravention of this Act 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 12 months, or both; and
	(b)	in the case of a body corporate—500 penalty units.
5. 	Use of land for access to common gaming-house etc.
	Every owner and every occupier of any land or building who knowingly allows the same to be used as a means of access to or of exit or escape from any house, office, room, or other place used in contravention of this Act 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 12 months, or both; and
	(b)	in the case of a body corporate —500 penalty units.
6. 	Eviction of occupier of house
(1) 	If—
	(a)	any owner of a house, office, room, or other place has reasonable grounds to suspect that the same is used in contravention of this Act; or
	(b)	any owner of any land or building has reasonable grounds to suspect that the same is used as a means of access to, or of exit or escape from, any house, office, room, or other place used in contravention of this Act,
he may serve on the occupier a notice to quit.
The serving of such notice shall determine as from the tenth day after the date of such service any tenancy under which the occupier may hold as if the same had expired by effluxion of time.  The owner may thereupon, without any authority other than this Act, take legal proceedings to evict, and may evict, such occupier.
(2) 	Such notice shall be served personally on the occupier, but, if he cannot be found, service may be effected by posting a copy of the notice on some conspicuous part of the said house, office, room, place, land, or building.
7. 	Cancellation of notice to quit
	Any such notice to quit may be cancelled by a judge of the Supreme Court subject to such terms as he thinks fit, on summons taken out by the occupier, on proof that the occupier has not at any time:
	(a)	knowingly allowed the house, office, room, or place to be used in contravention of this Act; or
	(b)	knowingly allowed the land or building to be used as a means of access to or of exit or escape from any house, office, room, or other place used in contravention of this Act.
Such summons shall be served on the owner 2 days at least before the hearing of such summons, and on being so served shall operate until the determination of the summons as a stay of any proceedings under the last preceding section to evict the occupier.
8. 	Declaration of common gaming-house
	On the affidavit of a superintendent, inspector, or sub-inspector of police, showing reasonable grounds for suspecting that any house, office, room, or other place is used in contravention of this Act, any judge of the Supreme Court may declare such house, office, room, or place to be a common gaming-house.  Such declaration shall be in force until rescinded.
9. 	Rescission of declaration
	Any such declaration may be rescinded by a judge of the Supreme Court, subject to such terms as he thinks fit, on application being made to him:
	(a)	by the owner or occupier of the house, office, room, or place, the subject of the declaration, on proof that he has not at any time allowed the house, office, room, or place to be used in contravention of this Act; or
	(b)	by a superintendent, inspector, or sub-inspector of police, on proof that the house, office, room, or place is not used in contravention of this Act.
Where the application is made by the owner or occupier as aforesaid, notice in writing of intention to make the same shall be served on a superintendent, inspector, or sub-inspector of police 2 days at least before the hearing of such application.
10. 	Publication of notice of declaration or rescission
	Notice of any such declaration and of any rescission of the same shall be published in the Gazette.
In any proceedings under this Act, the production of a copy of the Gazette containing such notice shall be evidence that the declaration or rescission therein notified was duly made.
11. 	Service of notice of declaration
(1) 	The Deputy Commissioner of Police or a superintendent, inspector, or sub-inspector of police, on such declaration being made with respect to any house, office, room, or place:
	(a)	shall 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 such declaration; and
	(b)	shall cause such notice to be served on the owner and occupier of the house, office, room, or place.  Such service shall be personal, except when it cannot be promptly effected, in which case the notice may be served on the owner and occupier aforesaid by causing a copy thereof to be affixed at or near to the entrance to the house, office, room, or place.
(2) 	In any proceedings under this Act, the production of a copy of a newspaper containing any such notice shall be evidence that such notice was duly published in such newspaper on the date appearing thereon.
12. 	Arrest of person found in common gaming-house
	A person shall not be in or on, or enter or leave—
	(a)	a house, office, room or place; or
	(b)	any land or building used as a means of access to, or exit or escape from, a house, office, room or place;
if, in respect of that house, office, room or place—
	(c)	a declaration under section 8 is in force; and
	(d)	a notice has been published pursuant to paragraph 11 (1) (a).
Such person, unless he proves that he was in, or on, or entering, or leaving as aforesaid for a lawful purpose, is guilty of an offence punishable, on conviction, by a fine not exceeding 10 penalty units.
The form of information for such offence may be in the Form A or B in the Schedule, or to a like effect.
13. 	Eviction by owner of declared premises
	If after service on an owner in pursuance of paragraph (b) of section 11 of notice of the making of such declaration with respect to a house, office, room, or place, and during the time that such declaration is in force, such house, office, room, or place is used in contravention of this Act, such owner is, unless he proves that he has taken all reasonable steps to evict the occupier from the same, 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 12 months or both; and
	(b)	in the case of a body corporate—500 penalty units.
14. 	Penalty on occupier of declared premises
	If after service on an occupier in pursuance of paragraph (b) of section 11 of notice of the making of a declaration with respect to a house, office, room, or place, and during the time that such declaration is in force such house, office, room, or place is used in contravention of this Act, the said occupier is unless he proves that he has taken reasonable steps to prevent such use, 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 12 months, or both; and
	(b)	in the case of a body corporate—500 penalty units.
15. 	Police power to enter declared premises
	While any such declaration is in force with respect to any house, office, room, or place, any member of the police force may, without warrant:
	(a)	enter the said house, office, room, or place;
	(b)	enter any land or building which he has reasonable grounds to suspect is used as a means of access to or of exit or escape from the same;
	(c)	pass through, from, over, and along any other land or building for the purpose of entering in pursuance of paragraph (a) or paragraph (b) aforesaid;
	(d)	for any of the purposes aforesaid, obtain such assistance and use such force as is necessary and reasonable;
	(e)	seize any instruments of gaming and any instruments of betting, and any money and securities for money in any such house, office, room, or place.
17. 	Evidence of use of premises as common gaming-house
	Where—
	(a)	any member of the police force authorized under the Principal Act or this Act to enter any house, office, room, or place is wilfully prevented from or is obstructed or delayed in entering the same or any part thereof;
	(b)	any external or internal door of or means of access to any such house, office, room, or place so authorized to be entered is found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purposes of preventing, delaying, or obstructing the entry into the same or any part, of any member of the police force authorized as aforesaid, or for giving an alarm in case of such entry; or
	(c)	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 shall be evidence, until the contrary is made to appear, that such house, office, room, or place is used as a common gaming-house, and that the persons found therein were playing an unlawful game therein.
17A. 	Prohibited bookmaking
	A person shall not act as a bookmaker otherwise than—
	(a)	at a race meeting or sports betting venue; or
	(b)	in relation to a bet placed at a race meeting or sports betting venue.
Penalty:
	(a)	if the offender is a natural person—100 penalty units or imprisonment for 12 months, or both; and
	(b)	if the offender is a body corporate—500 penalty units.
17B. 	Prohibited betting
(1) 	A person shall not, except at a race meeting or a sports betting venue or by telephone, knowingly place a bet with a person who, in accepting that bet, is acting as a bookmaker.
Penalty:
	(a)	if the offender is a natural person—10 penalty units; and
	(b)	if the offender is a body corporate—50 penalty units.
(2) 	In a prosecution under subsection (1) in respect of a bet, the accused shall be taken to have known that the person with whom the bet was placed was, in accepting the bet, acting as a bookmaker, unless:
	(a)	the accused adduces evidence to the contrary; and
	(b)	that evidence is not rebutted by the prosecution.
17C. 	Possession of instruments of betting
(1) 	A person shall not knowingly have in his or her custody, or under his or her control, an instrument of betting for a purpose related to unlawful betting.
Penalty:
	(a)	if the offender is a natural person—20 penalty units; and
	(b)	if the offender is a body corporate—100 penalty units.
(2) 	In a prosecution under subsection (1) in respect of an instrument of betting, the accused shall be taken to have had the instrument in his or her custody, or under his or her control, for a purpose related to unlawful betting, unless:
	(a)	the accused adduces evidence to the contrary; and
	(b)	that evidence is not rebutted by the prosecution.
17D. 	Possession of instruments of gaming
(1) 	A person shall not knowingly have in his or her custody, or under his or her control, an instrument of gaming for a purpose related to unlawful gaming.
Penalty:
	(a)	if the offender is a natural person—20 penalty units; and
	(b)	if the offender is a body corporate—100 penalty units.
(2) 	In a prosecution under subsection (1) in respect of an instrument of gaming, the accused shall be taken to have had the instrument in his or her custody, or under his or her control, for a purpose related to unlawful gaming, unless:
	(a)	the accused adduces evidence to the contrary; and
	(b)	that evidence is not rebutted by the prosecution.
17E. 	Emergency search of vehicles etc.
(1) 	Where a police officer believes on reasonable grounds that:
	(a)	a gaming offence or a betting offence is being committed or is likely to be committed on or in a vehicle or vessel; or
	(b)	any thing connected with such an offence is on or in a vehicle or vessel;
and that:
	(c)	it is necessary to act under this section in order to prevent the concealment, loss or destruction of that thing; and
	(d)	the action would be made in such circumstances of seriousness and urgency as to require and justify the taking of the action without the authority of a warrant or an order of a court;
the officer may enter upon or into the vehicle or vessel and search for and seize that thing.
(2) 	A police officer who believes on reasonable grounds that any thing connected with a gaming offence or a betting offence is upon or in a vehicle or vessel, may, for the purposes of this section, stop that vehicle or vessel.
(3) 	For the purposes of this section, a thing is connected with a particular offence if it is:
	(a)	a thing with respect to which the offence has been committed;
	(b)	a thing that will afford evidence of the commission of the offence; or
	(c)	a thing that was used, or is intended to be used, for the purpose of committing the offence.
17F. 	Requirement to furnish name etc.
(1) 	Where a police officer believes on reasonable grounds that:
	(a)	a gaming offence or a betting offence has been, may have been, or is likely to be, committed; and
	(b)	a person whose name or address, or both, are unknown to the officer, may be able to assist the officer in making inquiries in relation to the offence;
the officer may require that person to give the officer particulars of the person’s name or address, or of both.
(2) 	Where a police officer, who requires a person to give particulars under subsection (1), is required by that person to give that person particulars of:
	(a)	the officer’s name or ordinary place of duty, or both; or
	(b)	if the officer is not in uniform—evidence that the officer is a police officer;
the officer shall not:
	(c)	refuse or fail to comply with the requirement; or
	(d)	give the person particulars that are false in a material particular.
(3) 	Where a police officer:
	(a)	requires a person to give particulars under subsection (1); and
	(b)	complies with any requirement by the person under subsection (2);
the person shall not:
	(c)	refuse or fail to comply with the officer’s requirement; or
	(d)	give the officer particulars that are false in a material particular.
Penalty:  5 penalty units.
18. 	Street betting
(1) 	Every person who frequents, uses, or is in any street or public place for the purpose of any money or valuable thing being received by or promised to such person or on his behalf—
	(a)	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 event or contingency of or relating to any sports; or
	(b)	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 bookmaker who, either by himself or by means of any agent, clerk, or servant makes any bet in or on any street or public place, and every such agent, clerk, or servant who so makes any bet is guilty of an offence punishable, on conviction, by a fine not exceeding:
	(c)	in the case of a natural person—100 penalty units or imprisonment for 12 months, or both; and
	(d)	in the case of a body corporate—500 penalty units.
The form of information for an offence against this section shall be in the Form C or D in the Schedule, or to the like effect.
(2) 	A person who:
	(a)	is in or upon a street or public place for the purpose of betting;
	(b)	bets or offers to bet, by way of wagering or gaming, in a street or public place; or
	(c)	gets up or takes part in a sweepstake in a street or public place, 
is guilty of an offence punishable, on conviction, by a fine not exceeding 10 penalty units.
19. 	Recovery of money received illegally
	Any money or valuable thing received by any bookmaker, or any such agent, clerk, or servant, or any person as aforesaid:
	(a)	as or for the consideration for any such assurance, undertaking, promise, or agreement, made in any street; or
	(b)	as a deposit on any bet made in any street,
shall be deemed to have been received to or for the use of the person from whom the same was received; and such money or valuable thing, or the value thereof, may be recovered accordingly, with costs, in any court of competent jurisdiction.
19B. 	Betting information
(1) 	A person shall not print, exhibit, publish, sell, circulate, distribute, give away or post up or cause to be printed, exhibited, published, sold, circulated, distributed, given away or posted up, any newspaper or printed card or written document, list or card (whether published, written or printed in the Territory or elsewhere), which contains or purports to contain any advertisement or notification by or on behalf of any person, club or association, as to betting on any intended horse, pony, trotting race or races, coursing event or other sport or exercise whatever, or as to betting odds on any such race or races.
Penalty:
	(a)	in the case of a natural person—10 penalty units; and
	(b)	in the case of a body corporate—50 penalty units.
(2) 	Subsection (1) does not apply in relation to:
	(a)	an advertisement or notification as to betting in a pool betting competition or transaction within a pool betting scheme approved under the Pool Betting Act 1964;
	(b)	a determination of the Australian Capital Territory Totalizator Agency Board under the Betting (Totalizator Agency) Act 1964;
	(ba)	an advertisement or notification about betting at a sports betting venue;
	(c)	a newspaper that contains an advertisement or notification as to the betting or betting odds on any intended race or contest to be held at a race-meeting if the advertisement or notification:
	(i)	is contained in an edition of the newspaper that is printed or in respect of which printing has commenced before 11 o’clock in the morning of the day of the race-meeting or not less than 2 hours before the advertised starting time of the first race or contest to be held at the race-meeting, whichever is the later; and
	(ii)	is identical in all copies of that edition of the newspaper; and
	(d)	an advertisement or notification that provides information in relation to betting by telephone.
(3) 	In this section:
“betting” and “betting odds” include totalizator dividends and probable totalizator dividends; and
“race-meeting” means horse, pony, trotting race or races, coursing event or other sport or exercise.
19C. 	Averment as to races etc.
	The allegations in any information laid in respect of any alleged offence against this Act that any horse race, cycle race or foot race or coursing event (as the case may be) mentioned in the information was run at a place and on a date therein specified and that any horse or horses, dog or dogs, or person or persons named in the information took part in any race or coursing event therein mentioned shall be accepted by the court hearing the information as evidence of the truth of the allegations unless the contrary is proved.
23. 	Prohibition of betting with infants
	Any person who:
	(a)	makes or offers to make any bet or wager with any person whom he knows to be under the age of 18 years, or with any person on his behalf; or
	(b)	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 under such age any circular, notice, advertisement, letter, telegram, 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 transactions, 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,
is guilty of an offence punishable, on conviction, by a fine not exceeding:
	(c)	in the case of a natural person—20 penalty units; and
	(d)	in the case of a body corporate—100 penalty units.
24. 	Presumption as to sender of gaming circular
	If any such circular, notice, advertisement, letter, telegram, or other document names or refers to anyone 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.
25. 	Knowledge of infancy presumed where circular sent to school etc.
	If any such circular, notice, advertisement, letter, telegram, or other document is sent to any person at any university, college, school, or other place of education, and such person is under 18 years of age, the person sending or causing the same to be sent shall be deemed to have known that such person was under such age unless he proves that he had reasonable grounds for believing such person to have attained that age; and the same shall be deemed to have been so sent for the purpose of earning commission, reward, profit, benefit, or advantage unless he proves to the contrary.
26. 	Knowledge of infancy presumed in case of betting with infant
	Any person who makes or offers to make any bet or wager with any person who is under 18 years of age shall be deemed to have known that such person was under such age unless he proves that he had reasonable ground for believing, and did believe, such person to have attained that age.
27. 	Recovery of stolen money used for betting by infant
	Where any money is stolen or embezzled by any person who is under 18 years of age, and any money is thereafter paid by such person as or for or by way of or on account of a bet or wager, the person from whom such money was stolen or embezzled may, in any court of competent jurisdiction, recover the amount of the money so stolen or embezzled, not exceeding the amount paid as aforesaid, from the person to whom the same was so paid.
28. 	Certain offences may be dealt with summarily
	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
Form A
THAT on the	day of	, at	,
A.B. was found in (or on or entering or leaving) a house (or office or room or place) which had been duly declared to be a common gaming-house.
Form B
THAT on the	day of	, at	,
A.B. was found in (or on or entering or leaving) land (or a building) used as a means of access to (or of exit or escape from) a house (or office or room or place) which had been duly declared to be a common gaming house.
Form C
THAT on the	day of	, at	,
A.B. frequented, used, or was in a street for the purpose of betting.
Form D
THAT on the	day of	, at	,
A.B. being [a bookmaker, or the agent, clerk, or servant of a bookmaker] made a bet in a street.

NOTES
1.	The Gaming and Betting Act 1906 of the State of New South Wales (No. 13, 1906) as amended before 1 January 1911 by the Gaming and Betting (Amendment) Act 1906 and the Gaming and Betting (Amendment) Act 1907 was one of the laws in force in the Australian Capital Territory before 1 January 1911 and was therefore continued in force by the Seat of Government Acceptance Act 1909 of the Commonwealth.
	The text of the Gaming and Betting Act 1906 of the State of New South Wales in its application in the Territory as at 10 August 1984 comprises Part 18 of Schedule 2 to the New South Wales Acts Application Act 1984 (No. 41, 1984), for details of those amendments and amendments made before 1984 see (a).
	The Gaming and Betting Act 1906 of the State of New South Wales in its application in the Territory has been amended since 10 August 1984 as indicated in the tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989 (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
Gaming and Betting (Amendment) Ordinance 1986	36, 1986	7 Aug 1986	7 Aug 1986	—	
Gaming and Betting (Amendment) Ordinance 1987	60, 1987	30 Oct 1987	30 Oct 1987	—	
Gaming and Betting  Laws Amendment Ordinance 1987	61, 1987	30 Oct 1987	30 Oct 1987	—	
Self-Government (Consequential Amendments) Ordinance 1989	38, 1989	10 May 1989	Ss. 1 and 2:  10 May 1989
Remainder:  11 May 1989 (see s. 2 (2) and  Gazette 1989, No. S164)	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Acts Revision (Arrest Without Warrant) Act 1989	23, 1989	1 Dec 1989	1 Dec 1989	—	
Statute Law Revision (Miscellaneous Provisions) Act 1992	23, 1992	4 June 1992	4 June 1992	—	
Gaming and Betting (Amendment) Act 1994	30, 1994	28 June 1994	1 July 1994	—	
Gaming and Betting (Amendment) Act  (No. 2) 1994	54, 1994	5 Oct 1994	Ss. 1 and 2:  5 Oct 1994
Remainder:  14 Oct 1994 (see Gazette 1994, No. S226, p. 2)	—	
(Reprinted as at 31 January 1996)	
Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Racing Act 1999	1, 1999	26 Feb 1999	Ss. 1 and 2:  26 Feb 1999
Remainder (ss. 3-69):  (see Note 3)
	—	
(a)	The Gaming and Betting Act 1906, in its application in the Territory, comprises the Gaming and Betting Act 1906 as amended before 1 January 1911 by the Gaming and Betting (Amendment) Act 1906 and the Gaming and Betting (Amendment) Act 1907 and as amended after that date by the following Acts of the Territory:
Racecourses Act 1935
Gaming and Betting Act 1945
Racecourses Act 1946
Gaming and Betting Act 1964
Acts Revision (Decimal Currency) Act 1966
Gaming and Betting Act 1967
Gaming and Betting Act 1968
Gaming and Betting (Amendment) Act 1982
New South Wales Acts Application Act 1984
	The amendments so made have been incorporated in the text of the Gaming and Betting Act 1906 in Part 18 of the Schedule to the New South Wales Acts Application Act 1984.

	The text of the Gaming and Betting (Amendment) Act 1906 and the Gaming and Betting (Amendment) Act 1907 are not printed in this Act as the only provisions operating in the Territory are the provisions which amend the Gaming and Betting Act 1906 and these amendments have been incorporated in the text of the New South Wales Acts Application Act 1984 in Part 18 of the Schedule.
	Paragraphs 3A (1) (a) and (b) and sections 16, 19A and 22 were amended by the Acts Revision (Decimal Currency) Act 1966.
	Subsection 18 (3) was repealed by the Gaming and Betting Act 1964.
	Sections 28, 29 and 30 were repealed by the Racecourses Act 1935.
	Sections 31 and 32 amend the Games Wagers and Betting-houses Act 1901 and, as the amendments have been incorporated in the text of the New South Wales Acts Application Act 1984 in Part 17 of the Schedule, the sections have been omitted from the text of the Gaming and Betting Act 1906 in Part 18 of that Schedule.
	Sections 33 and 34 were repealed by the New South Wales Acts Application Act 1984.

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 2	am. No. 61, 1987; Act No. 54, 1994
S. 2A	ad. No. 61, 1987
S. 3	am. No. 61, 1987
S. 3A	rep. No. 60, 1987
Ss. 4, 5	am. No. 60, 1987; Act No. 54, 1998
S. 10	am. No. 38, 1989
S. 12	am. No. 67, 1985; No. 60, 1987; Act No. 23, 1989; No. 54, 1998
Ss. 13, 14	am. No. 60, 1987; Act No. 54, 1998
S. 15	am. No. 36, 1986; No. 61, 1987
S. 16	rep. No. 60, 1987
S. 17A	ad. No. 61, 1987
	am. Act No. 54, 1994; No. 54, 1998
S. 17B	ad. No. 61, 1987
	am. Acts Nos. 30 and 54, 1994; No. 54, 1998
S. 17C	ad. No. 61, 1987
	am. Act No. 54, 1998
S. 17D	ad. No. 61, 1987
	am. Act No. 54, 1998
S. 17E	ad. No. 61, 1987
S. 17F	ad. No. 61, 1987
	am. Act No. 54, 1998
S. 18	am. Nos. 60 and 61, 1987;  Act No. 23, 1992; No. 54, 1998
S. 19A	rep. No. 60, 1987
S. 19B	am. No. 60, 1987; Acts Nos. 30 and 54, 1994; No. 54, 1998
Ss. 20, 21	rep. No. 60, 1987
S. 22	am. No. 67, 1985
	rep. No. 60, 1987

S. 23	am. No. 60, 1987; Act No. 23, 1992; No. 54, 1998
S. 28	ad. No. 60, 1987
	am. Act No. 54, 1998

3.	Section 2 of the Gaming and Betting Act 1906is amended by section 69 and Schedule 3 only of the Racing Act 1999.  The provision of section 69 and Schedule 3 applicable to this Act provides as follows:
“Section 2 (definition of ‘racecourse’)—
	Omit the definition, substitute the following definition:
‘ “racecourse” means a licensed racecourse for the purposes of the Racing Act 1999;’.”
Subsection 2 (2) of the Racing Act 1999 provides as follows:
“(2)   The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette.”
As at 26 February 1999 no date had been fixed in pursuance of subsection 2 (2) and the amendment is not incorporated in this reprint.