Australian Capital Territory

unlawful games act 1984
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
Updated as at 9 December 1998
TABLE OF PROVISIONS
Section
	1.	Short title
	2.	Commencement
	3.	Interpretation
	4.	Promoting and arranging
	5.	Conducting and operating
	6.	Playing
	6A.	Exception—two-up on Anzac Day
	7.	Betting with intent to cheat
	9.	Instruments or articles to be forfeited to Territory
	10.	Regulations

An Act to provide for the control of unlawful games and for related purposes
1. 	Short title
	This Act may be cited as the Unlawful Games Act 1984.1
2. 	Commencement
	This Act shall come into operation on such date as is fixed by the Minister of State for Territories and Local Government by notice in the Gazette.1

3. 	Interpretation
	In this Act, unless the contrary intention appears—
“Court” means the Magistrates Court;
“public place” or “place of public resort” means any street, road, public park within the meaning of the Public Parks Act 1928, reserve or other place which the public are entitled to use or which is open to, or used by, the public, whether on payment of money or otherwise and, without limiting the generality of the foregoing, includes—
	(a)	any premises in respect of which a licence granted under the Liquor Act 1975 is in force;
	(b)	any shop and any place occupied in connection with, or for the purposes of, a shop;
	(c)	any factory and any place occupied in connection with, or for the purposes of, a factory;
	(d)	any building or part of a building occupied by a club and any place occupied in connection with, or for the purposes of, a club; and
	(e)	any place, being private property, which is commonly used by the public, whether as trespassers or otherwise;
“unlawful game” means:
	(a)	any of the games commonly known as “baccarat”, “blackjack”, “craps”, “fantan”, “manila”, “pak-a-pu”, “pitch and toss”, “puntobanco”, “roulette”, “thimble-rig” or “two-up”;
	(b)	any game similar to a game specified in paragraph (a);
	(c)	a lottery, other than an approved lottery or an exempt lottery within the meaning of the Lotteries Act 1964;
	(d)	a pool betting competition conducted otherwise than under and in accordance with an approved pool betting scheme within the meaning of the Pool Betting Act 1964;
	(e)	a prescribed game; and
	(f)	any other game of skill or chance, or of mixed skill and chance, in which money or any other valuable thing is staked or risked upon an event or contingency.
4. 	Promoting and arranging
(1) 	A person shall not promote or arrange the playing of an unlawful game.
(2) 	A person who is in charge of, or is the owner, occupier, manager or licensee of, any premises shall not knowingly permit an unlawful game to be played in or on those premises.
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.
5. 	Conducting and operating
	A person shall not conduct, operate or supervise, or assist in the conduct, operation or supervision of, an unlawful game.
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.
6. 	Playing
	A person shall not, without reasonable excuse, play an unlawful game.
Penalty:  10 penalty units.
6A. 	Exception—two-up on Anzac Day
(1) 	A game of two-up played on Anzac Day is not an unlawful game if—
	(a)	the premises, if any, on which the game is played is not a common gaming-house;
	(b)	no payment or other benefit is given or sought for the right to enter a place for the purpose of participating in the game;
	(c)	no payment or other benefit is given or sought for the right to participate in the game (otherwise than by the placing of a bet); and
	(d)	no commission on, percentage of or fee for bets or winnings is given or sought by any person.
(2) 	A game of two-up played on Anzac Day on the premises of a club and involving the giving or seeking of such a payment, benefit, commission, percentage or fee is not an unlawful game if—
	(a)	those premises are not a common gaming-house;
	(b)	the playing of the game is authorised by the club;
	(c)	all payments or other benefits involved are authorised by the club to be disposed of in their entirety for the benefit of a charitable purpose or a community organisation and are not to form part of the funds of the club; and
	(d)	any other prescribed requirements are complied with.
(3) 	If a game of two-up played on Anzac Day is an unlawful game, a participant in the game is not guilty of an offence under section 6 unless it is proved that the participant knew or could reasonably be expected to have known or suspected that the game was an unlawful game.
(4) 	In this section—
“Anzac Day” means 25 April in any year;
“charitable purpose” includes any benevolent or philanthropic purpose;
“club” means a body corporate that is the holder of a club licence under the Liquor Act 1975;
“common gaming-house” has the same meaning as in the Gaming and Betting Act, 1906 of the State of New South Wales in its application in the Territory;
“community organisation” means a society, association or other body, whether incorporated or not, which is not carried on for the pecuniary profit or gain of its members and which is engaged in the Territory in any of the following activities:
	(a)	providing assistance in connection with the social welfare needs of the community;
	(b)	the carrying out of projects, or the provision of services, for the benefit of the community or a section of the community;
	(c)	the promotion of, the provision of facilities for, or the encouragement of participation in, any sport or recreational pursuit;
	(d)	the promotion, or the encouragement of the practice, appreciation, understanding or enjoyment, of any of the arts;
	(e)	conducting conventions, jamborees and other events that are designed to attract participants to the Territory from places outside the Territory;
	(f)	the study of, research into, or the fostering of interest in, history or matters of historic significance;
	(g)	the preservation or protection of the national estate or the restoration, reconstruction or adaptation of the national estate for conservation purposes;
“two-up” means the game commonly known as two-up.
(5) 	In this section, a reference to a game of two-up shall be read as including a reference to betting and side betting associated with the game.
7. 	Betting with intent to cheat
	A person shall not, in a public place or a place of public resort, with intent to cheat, engage in betting, or solicit or encourage any other person to bet, upon any game or trick of sleight of hand or upon any game or trick played with any instrument.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
9. 	Instruments or articles to be forfeited to Territory
	Where a person is convicted of an offence under this Act, any table or instrument of gaming or any article used by the person in the commission of the offence, or to which the offence relates, is forfeited to the Territory.
10. 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed, or which are necessary or convenient to be prescribed, for carrying out or giving effect to this Act.

NOTES
1.	The Unlawful Games Act 1984 as shown in this reprint comprises Act No. 21, 1984 amended 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	

Unlawful Games Ordinance 1984	21, 1984	29 June 1984	1 July 1984 (see Gazette 1984, No. S244, p. 2)		
Magistrates Court Ordinance 1985	67, 1985	19 Dec 1985	1 Feb 1986 (see Gazette 1986, No. G3, p. 265)	—	
Unlawful Games (Amendment) Ordinance 1987	35, 1987	30 June 1987	30 June 1987 (see Gazette 1987, No. S159)	—	
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	

Unlawful Games (Amendment) Act 1991	16, 1991	24 Apr 1991	24 Apr 1991	—	
Gaming Machine (Amendment) Act 1993
	54, 1993	27 Aug 1993	Ss. 1 and 2:  27 Aug 1993
Ss. 3-24 and 26-32:  1 Nov 1993 (see Gazette 1993, No. S225, p. 2) 
S. 25:  27 Feb 1994	—	
(Reprinted as at 28 February 1994)	
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)
	—	

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

Provision	How affected

S. 3	am. No. 67, 1985; No. 61, 1987
Ss. 4-6	rs. No. 61, 1987
	am. Act No. 54, 1998
S. 6A	ad. Act No. 16, 1991
S. 7	am. Act No. 54, 1998
S. 8	am. No. 35, 1987; No. 38, 1989
	rep. Act No. 54, 1993
Ss. 9, 10	am. No. 38, 1989