Gaming Offences Act 1936

This Act may be cited as the Gaming Offences

Act 1936.

In this Act, except where the subject matter or context or some other provision requires a different construction—

bet or make a bet means—

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

receive, pay or give money or any valuable thing in connection with a bet; or

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—

every public place; and

every place to which the public are permitted to have access tacitly or otherwise and whether on payment of money or not; and

any premises in respect of which a licence granted under the

Liquor Licensing

Act 1997 is in force; and

any shop, and any part of a building occupied in connection with, or for the purposes of, a shop; and

any factory, and the appurtenances of any factory;

and

any building or place occupied by any club (whether a racing club or not), and the appurtenances of that building or place; and

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—

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

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

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.

This Act binds the Crown.

Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence.

For the purposes of this section, a reference to the Crown extends—

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

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.

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.

A person must not win from any other person any money or valuable thing by fraud or any other unlawful means—

in playing at, or with, cards, dice, tables or other games;

or

in bearing a part in the stakes, wages or adventures, or in betting on the sides or hands of them that do play; or

in betting on the event of any game, sport, pastime, or exercise.

Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 years.

All contracts or agreements whether by parol or in writing by way of gaming or wagering are void.

No action may be brought or maintained in any court to recover any sum of money or valuable thing—

alleged to be won on any bet; or

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.

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.

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.

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.

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—

plays at any game or pretended game of chance; or

bets by way of wagering or gaming on any game or pretended game of chance, is guilty of an offence.

Maximum penalty: Maximum penalty: $1 250.

A person must not in any public place—

exhibit any implements or articles for unlawful gaming, in order to induce or entice any person to engage in any unlawful gaming; or

by any fraudulent act or device, cheat any person.

Maximum penalty: Maximum penalty: $10 000 or imprisonment for 2 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: Maximum penalty: $2 500.

A person under the age of 18 years must not make or offer to make a bet with any other person.

Maximum penalty: Maximum penalty: $2 500.

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: Maximum penalty: $2 500.