Common gaming house, meaning of and offences as to
41 Common gaming house, meaning of and offences as to
Premises shall be deemed to be a common gaming house if persons habitually congregate there for the purpose of gambling, or section 40(1)(b) applies, and a person —
for gain or reward provides facilities there for others; or
permits or suffers others,
to use the premises as a place for gambling, other than permitted gaming or social gambling, either with himself or between themselves.
For the purposes of this section, the playing of a game of a kind which is prohibited by section 42(1) shall be deemed to be gaming.
Where any premises are opened, kept or used as a common gaming house —
a person concerned in the conduct of the gambling; and
the owner of the premises, unless he proves that he did not know and could not reasonably be expected to have known that gambling would take place at the premises; and
a person other than the owner of the premises who, knowing or having reasonable cause to suspect that gambling, other than permitted gaming or social gambling, would take place at the premises —
allowed the premises to be used for such a purpose; or
let the premises, or otherwise made the premises available, to any person by whom an offence in connection with the premises or any gambling there has been committed,
commits an offence.
Penalty for this subsection: a fine of $100 000.
For the purposes of subsection (3), any person who —
causes, procures or attempts to procure any other person to commit an offence of a kind referred to in that subsection; or
knowingly takes part in procuring the assembly of the players; or
assists in the provision of facilities by —
providing, servicing, operating or using any gaming equipment or instrument of gaming; or
issuing, receiving or recording money, tokens or other consideration used in the gambling or cheques or value given or credit provided in respect of any such money, tokens or consideration in respect of winnings or losses; or
supervising, controlling or accounting for any gambling,
shall be deemed to have been concerned in the conduct of the gambling.
The court by or before which a person is convicted of an offence under subsection (3) shall order any gaming equipment, instruments of gaming or related furnishings, and any money or other thing which has been seized and which the court is satisfied was found to be on the premises at the time of the offence, not being money or a thing shown to the satisfaction of the court not to relate to the offence, to be forfeited to the Crown.
A person who is present at a common gaming house when any gambling is conducted for the purpose of taking part in that gambling or in other gambling conducted there commits an offence.
Penalty for this subsection: a fine of $5 000.
In so far as they are inconsistent with this Act, the rules of law relating to common gaming houses and common betting houses are abolished.
Any money or other consideration received by a person referred to in subsection (4) from another person in the circumstances referred to in paragraph (c)(ii) of that subsection is to be taken to have been received on trust by the person for the other person and may be recovered accordingly in a court of competent jurisdiction.
[Section 41 amended: No. 24 of 1998 s. 47; No. 35 of 2003 s. 143 and 166; No. 59 of 2006 s. 52; No. 41 of 2018 s. 25(1); No. 53 of 2024 s. 51 and 71.]
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.