QueenslandGAMINGACT1850Reprinted as in
force on 15 March 1996(includes amendments up to Act No. 75
of 1974)Reprint No. 1This reprint is
prepared bythe Office of the Queensland Parliamentary
CounselWarning—This reprint is not an authorised
copy
Information about this reprintThis
Act is reprinted as at 15 March 1996.The
reprint—•showsthelawasamendedbyallamendmentsthatcommencedonorbeforethat day
(Reprints Act 1992 s 5(c))•incorporatesallnecessaryconsequentialamendments,whetherofpunctuation,numbering or
another kind (Reprints Act 1992 s 5(d)).Thereprintincludesareferencetothelawbywhicheachamendmentwasmade—see list of legislation and list of
annotations in endnotes.MinoreditorialchangesallowedundertheprovisionsoftheReprintsAct1992mentioned in the following list have
also been made to—•update citations and references (pt 4,
div 2)•update references (pt 4, div 3)•expressgenderspecificprovisionsinawayconsistentwithcurrentdraftingpractice (s 24)•use
standard punctuation consistent with current drafting practice (s
27)•use expressions consistent with
current drafting practice (s 29)•relocate marginal or cite notes (s
34)•use aspects of format and printing
style consistent with current drafting practice(s 35)•omit provisions that are no longer
required (s 39)•omit unnecessary referential words (s
41)•omit historical notes (s 42)•omit the enacting words (s 42A)•number and renumber certain provisions
and references (s 43)Also see endnotes for information
about—•when provisions commenced•editorial changes made in the reprint,
including—•table of changed names and
titles•table of obsolete and redundant
provisions•table of renumbered provisions•table of comparative
legislation.
s13s1Gaming
Act 1850GAMING ACT 1850[as amended by
all amendments that commenced on or before 15 March 1996]An
Act to amend the law concerning games and wagers˙Power of justice may be exercised under
warrant1.(1)From and after
the passing of this Act it shall be lawful for anyjustice of the peace upon complaint made
before the justice of the peace onoath that there
is reason to suspect any house room premises or place to bekept
or used as a common gaming house and that it is commonly
reportedandbelievedbythedeponentsotobetogiveauthoritybyspecialwarrant(scheduleA1)underthejustice’shandandsealwheninthejustice’s
discretion the justice shall think fit to any police officer or
peaceofficer to enter with such assistance as may
be found necessary into suchhouseroompremisesorplaceandifnecessarytouseforceformakingsuchentrywhetherbybreakingopendoorsorotherwiseandtoarrestsearch and bring
before any 2 justices of the peace all such persons foundthereinandtoseizealltablesandinstrumentsofgamingfoundinsuchhouse room
premises or place and also to seize all moneys and
securitiesfor money found therein.Police officer or
peace officer may search for instruments of gamingand
seize the instruments and all persons found in such house
roomsetc.(2)And it shall be
lawful for the police officer or peace officer makingsuch
entry as aforesaid in obedience to any such warrant to search all
partsofthehouseroomspremisesorplacewhichthepoliceofficerorpeaceofficer shall
have so entered where the police officer or peace officer
shallsuspect that tables or instruments of gaming
are concealed and all personswhom the police
officer or peace officer shall find therein and to seize alltables and instruments of gaming found in
such house room premises orplace and also to
seize all moneys found therein.
s14s1Gaming
Act 1850Owner or keeper of gaming house liable to a
penalty(3)And the owner or keeper of the said
gaming house or other personhaving the care
or management thereof and also every banker croupier andother
person who shall act in any manner in conducting the said
gaminghouse room premises or place shall be liable
on conviction—(a)for a first offence to a penalty of
not less than $300 nor more than$400;(b)for a second offence to a penalty of
not less than $500 nor morethan$1000andtoimprisonmentforatermofnotlessthan14
days nor more than 3 months;(c)forathirdorsubsequentoffencetoapenaltyofnotlessthan$1 000 nor more
than $1 500 and to imprisonment for a term ofnot less than 28
days nor more than 6 months.All moneys seized
in gaming houses to be forfeited to Her Majesty(4)Anduponconvictionofanysuchoffenderallthemoneysandsecuritiesformoneywhichshallhavebeenseizedasaforesaidshallbeforfeited to Her Majesty her heirs and
successors for the public uses of theState and in
support of the government thereof and shall be applied in
suchmannerasmayfromtimetotimebedirectedbyanyActsofthesaidGovernor and
Legislative Council.Persons found in gaming houses liable to a
penalty(5)Andeverypersonfoundinsuchhouseroompremisesorplacewithout lawful
excuse shall be liable on conviction—(a)for
a first offence to a penalty of not less than $10 nor more
than$100;(b)for
a second offence to a penalty of not less than $40 nor morethan
$150 and to 14 days imprisonment;(c)for
a third or subsequent offence to a penalty of not less than
$60nor more than $200 and to imprisonment for a
term of not lessthan 7 days nor more than 1 month.Indictment(6)However, nothing herein contained shall
prevent any proceeding byindictment against the owner or keeper
or other person having the care or
s15s1Gaming
Act 1850managementofanygaminghouseoranyroompremisesorplaceforgaming but no person shall be proceeded
against by indictment and alsounder this Act
for the same offence.Personal appearance of offenders(7)Where any person charged for an
offence against this section doesnot appear
personally before the court at the time and place at which
thecharge for that offence is to be heard or to
which the hearing thereof hasbeen adjourned,
the justices constituting the court—(a)where that person has been released on bail
on entering into anundertaking—shall declare the undertaking to
be forfeited;(b)shallrequireevidenceonoathtobegivenbeforethemofthematter of the charge (unless such
evidence has already been givenprior to any
adjournment) and shall, if they are satisfied that thematter of the charge has been substantiated
by evidence on oathgivenbeforethemorpriortoanyadjournment,issuetheirwarrant to
apprehend that person and to bring him or her beforejusticestoanswerthechargeandtobefurtherdealtwithaccording to law.(8)The
provisions of theJustices Act 1886, section 11B
shall apply toproceedings referred to in subsection
(7).(9)EveryotherprovisionoftheJusticesAct1886andallotherenactmentsshallberead,construedandappliedsoasnottolimittheoperation and effect of this
provision.Identification of persons arrested(10)Where a person
has been arrested on a charge of any offence againstthis
section the police officer in charge of the police station,
watch-house orlockup to which the person is taken after
arrest may take or cause to betakenallsuchparticularsasthepoliceofficerthinksnecessaryfortheidentification of
the person including the person’s photograph, fingerprintsand
palm prints.(11)If proceedings
are not taken against the person arrested in respect ofany
offence against this section or if the person is found not guilty
upon thechargemadeagainsthimorherforanoffenceagainstthissection,allphotographs, fingerprints and palm
prints taken pursuant to this provisionshall be
destroyed in the person’s presence.
s46s6Gaming
Act 1850˙What shall be deemed evidence of
gaming4.(1)Where any cards
dice balls counters tables or other instruments ofgaming used in playing any unlawful game
shall be found in any houseroom premises or
place suspected to be used as a common gaming houseor
place for gaming and entered under a warrant under the provisions
of thisAct or about the person of any of those who
shall be found therein it shallbeevidenceuntilthecontrarybemadetoappearthatsuchhouseroompremises or place
is used as a common gaming house and that the personsfoundintheroomorplacewheresuchtablesorinstrumentsofgamingshall have been
found were playing therein although no play was actuallygoing
on in the presence of the police officer or peace officer entering
thesameunderawarrantissuedundertheprovisionsofthisActorinthepresence of those persons by whom the police
officer or peace officer shallbe accompanied as
aforesaid.(2)And it shall be lawful for the
justices before whom any person shallbe taken by
virtue of the warrant to direct all such tables and instruments
ofgaming to be forthwith destroyed.˙Indemnity of witnesses5.Every person who shall have been
concerned in any unlawful gamingand who shall be
examined as a witness by or before any justices of thepeace
or on the trial of any indictment or information against the owner
orkeeperorotherpersonhavingthecareormanagementofanycommongaming house or
place for gaming touching such unlawful gaming and whoupon
such examination shall make true and faithful discovery to the best
ofhisorherknowledgeofallthingsastowhichheorsheshallbesoexamined and
shall thereupon receive from the justices of the peace or
judgeof the court by or before whom he or she
shall be so examined a certificatein writing to
that effect shall be freed from all criminal prosecutions
andfrom all forfeitures punishments and
disabilities to which he or she mayhave become
liable for anything done before that time in respect of suchunlawful gaming.˙Empowering police officers to visit houses
where certain games arepublicly played6.It
shall be lawful for all police officers to enter into any house
room
s
77s 10Gaming Act
1850premises or place where any public table or
board is kept for playing atbilliards
bagatelle bowls fives racket quoits skittles or ninepins or any
gameof the like kind when and so often as such
police officer shall think proper.˙Cheating at play to be punished as obtaining
money by falsepretences7.Every person who shall by any fraud or
unlawful device or ill-practicein playing at or
with cards dice tables or other game or in bearing a part inthe
stakes wagers or adventures or in betting on the sides or hands of
themthatdoplayorinwageringontheeventofanygamesportpastimeorexercisewinfromanyotherpersontohimself,herselforanyotherorothersanysumofmoneyorvaluablethingshallbedeemedguiltyofobtaining such money or valuable thing
from such other person by a falsepretence with
intent to cheat or defraud such person of the same and beingconvicted thereof shall be punished
accordingly.˙Proceeding under feigned issues
abolished9.In every case where any court of law
or equity may desire to have anyquestion of fact
decided by a jury it shall be lawful for such court to direct
awrit of summons to be sued out by such person
or persons as such courtshall think ought to be plaintiff or
plaintiffs against such person or personsas such court
shall think ought to be defendant or defendants therein in
theform set forth in schedule B1 with such
alterations or additions as suchcourt may think
proper and thereupon all the proceedings shall go and bebrought to a close in the same manner as is
now practised in proceedingsunder a feigned
issue.˙Penalty in any case not specifically
provided for and manner ofproceeding for recovery of
penalties10.(1)Ineverycaseinwhichanypersonshallinanyrespectoffendagainst this Act
or any provision therein (where no other penalty in thatbehalf is by this Act specifically imposed)
such person shall for every suchoffence forfeit
and pay on conviction a penalty or sum not exceeding $40and
all offences against this Act not otherwise provided for may be
heardand determined and every forfeiture or
penalty in respect thereof be awarded
s
118s 11Gaming Act
1850and imposed by or before 2 justices or (where
this Act so directs) by orbefore any 1 justice in a summary way
in the manner prescribed by an Actof the said
Governor and Legislative Council passed in the fifth year of
thereign and His late Majesty King William the
Fourth intituled ‘An Act toregulate summary
proceedings before justices of the peace’1or
according tothe law in force for the time being
regulating summary proceedings beforejustices of the
peace.Appeal given(2)Andanypersonfeelingaggrievedbyanysummaryjudgmentorconviction under this Act may appeal
therefrom in the manner provided bythe said Act or
any other law in force for the time being in that behalf.(3)However,inallcasesinwhichanypenaltyorforfeitureherebyimposed is made recoverable before any
justice or justices of the peace itshall and may be
lawful for any justice to whom complaint shall be made ofany
offence against this Act to summon the party complained against
beforethe justice or any other justice or justices
and on such summons such justiceor justices are
hereby empowered to hear and determine the matter of suchcomplaint in a summary way and on proof of
the offence to convict theoffender and to adjudge the offender to
pay the penalty or forfeiture incurredand to proceed to
recover the same although no information in writing shallhave
been exhibited or taken by or before such justice or
justices.(4)And all such proceedings by summons
without information shall beas good valid and
effectual to all intents and purposes as if an information
inwriting had been exhibited.(5)AndinallproceedingsunderthisActtheinformerorpartyprosecuting shall
be deemed and taken to be a competent witness.˙Form
of information and conviction11.(1)Any
justice or justices of the peace before whom any informationshall
be laid in writing against any person or before whom any person
shallbeconvictedinrespectofanyoffenceagainstthisActmaycausetheinformationandconvictiontobedrawnupaccordingtotheformsrespectively
given in schedule C1 or any other form to the same effect as15 Wm 4 No. 22
s
129s 14Gaming Act
1850the case may require.(2)However,thisenactmentshallnotinvalidateanyinformationorconviction laid or drawn in any other form
which may be specially suited tothe case or may
be provided by law and in every information in writing andin
every conviction for any offence contrary to this Act it shall be
sufficientif the offence shall be stated in the words
thereof declaring the offence orattaching any
penalty thereto.˙Appropriation of fines and
penalties12.AllfinesforfeituresandpenaltiesimposedbythisActtheappropriationofwhichisnothereinbeforeprovidedforshallbepaid1 moiety to Her
Majesty her heirs and successors for the public uses of theState
and in support of the government thereof and shall be applied in
suchmannerasmayfromtimetotimebedirectedbyanyActsofthesaidGovernor and
Legislative Council and the other moiety to the use of theinformer or party prosecuting who shall be
entitled to his or her costs andcharges over and
above such fines forfeitures and penalties to be ascertainedand
assessed by the justice or justices before whom the case is
heard.˙Distress not unlawful for want of
form13.(1)When any
distress shall be made for any money to be levied byvirtue of the warrant of any justice or
justices under this Act the distressshallnotbedeemedunlawfulnorshallanypartymakingthesamebedeemedatrespasseronaccountofanydefectorwantofformintheinformationsummonswarrantofapprehensionconvictionwarrantofdistress or other proceeding relating
thereto nor shall such party be deemeda trespasser from
the beginning on account of any irregularity which shallbe
afterwards committed by the party.(2)But
all such persons aggrieved by such defect or irregularity
mayrecover full satisfaction for the special
damage by an action on the case inany of Her
Majesty’s courts of record.˙Plaintiff not to recover after tender14.(1)No plaintiff
shall recover in any action for any irregularity trespassor
other wrongful proceeding made or committed in the execution of
this
s
1610s 17Gaming Act
1850Actorinunderorbyvirtueofanyauthorityherebygiveniftenderofsufficient amends shall have been made by or
on behalf of the party whoshallhavecommittedsuchirregularitytrespassorotherwrongfulproceeding before such action brought.(2)And in case no tender shall have been
made it shall be lawful for thedefendant in any
such action by leave of the court where such action shalldepend at any time before issue joined to pay
into court such sum of moneyasthedefendantshallthinkfitwhereuponsuchproceedingorderandadjudication shall be had and made in
and by such court as in other actionswhere defendants
are allowed to pay money into court.˙No
certiorari allowed16.No information conviction warrant
order or other proceeding beforeor by any justice
or justices of the peace or on appeal therefrom for anyoffence under this Act shall be quashed or
set aside or adjudged void orinsufficient for
want of form or be removed by certiorari or otherwise intoHer
Majesty’s Supreme Court.˙Section 15 of 8
and 9 Vic. c. 109 adopted17.And whereas a
certain Act or Parliament was made and passed in theeighth and ninth years of the reign of Her
Majesty Queen Victoria intituled‘An Act to amend
the law concerning games and wagers’ and whereas it isdesirable to adopt so much of the provisions
of the said Act of Parliamentas is hereinafter
specially set forthBe it therefore declared and enacted
thatso much of the said recited Act of Parliament
as is hereinafter specially setforth shall be
and is hereby declared to be in force in the State of New
SouthWalesandshallbeappliedsofarasthesamecanbeappliedintheadministration of justice therein that
is to say—somuchofthesaidrecitedActasenactsthatanActpassedinthe16th year of the reign of King Charles
the Second such Act being intituled‘An Act against
deceitful disorderly and excessive gaming’2and
so muchof an Act passed in the ninth year of the
reign of Queen Anne such Actbeing intituled
‘An Act for the better preventing of excessive and deceitful216 Chas 2 c. 7
s
1711s 17Gaming Act
1850gaming’3as
was not altered by an Act passed in the sixth year of the
reignof His late Majesty intituled ‘An Act to
amend the law relating to securitiesgiven for
considerations arising out of gaming usurious and certain
otherillegaltransactions’4and
so much of an Act passed in the 18th year of thereign
of King George the Second intituled ‘An Act to explain amend
andmake more effectual the laws in being to
prevent excessive and deceitfulgaming and to
restrain and prevent the excessive increase of horse races’5as relates to the first recited Act of
Queen Anne or as renders any personliable to be
indicted and punished for winning or losing at play or by
bettingat any one time the sum or value of $20 or
within the space of 24 hours thesum or value of
$40 shall be repealed.39 Anne c.
1445 & 6 Wm 4 c. 415part of 18 Geo 2 c. 34
12Gaming Act 1850¡SCHEDULE A1section 1Form
of warrantTo wit. }To the police
officerWhereas it appears to me J.P. one of the
justices of Elizabeth the Second,bytheGraceofGodQueenofAustraliaandHerotherRealmsandTerritories, Head of the Commonwealth
assigned to keep the peace in andfor the (here
describe the local jurisdiction of the justice as the case may
be)bytheinformationonoathofA.B.ofintheofyeoman that the house (roompremises or place) known as (here insert a
description of the house roompremises or place
by which it may be readily known and found) is kept andused
as a common gaming house or place for gaming within the
meaningofanActpassedinthe14thyearofthereignofHerMajestyQueenVictoria
intituled ‘An Act to amend the law concerning games and
wagers’this is therefore in the name of our Lady the
Queen to require you with suchassistantsasyoumayfindnecessarytoenterintothesaidhouse(roompremisesorplace)andifnecessarytouseforceformakingsuchentrywhether by
breaking open doors or otherwise and there diligently to
searchfor all instruments of unlawful gaming which
may be therein and to arrestsearch and bring
before me or some other of the justices of our Lady theQueen
assigned to keep the peace as well the keepers of the same as also
thepersons there haunting resorting and playing
to be dealt with according tolaw and for so
doing this shall be your warrant.J.P.(r.
s.)Given under my hand and seal atthisof the reign
ofinthe
13Gaming Act 1850¡SCHEDULE B1section 9In
the Supreme Court}of New South Wales}Or in any
inferior courtNEWSOUTHWALESTOWIT(orsuchothervenueasmaybedirected.)WHEREAS A. B. affirms and C. D. denies (here
state fully the fact orfacts in issue) and the judges of the
Supreme Court of New South Wales(or such other
court etc.) are desirous of ascertaining the truth by the
verdictof a jury and both parties pray that the same
may be inquired of by thecountry.
14Gaming Act 1850S¡CHEDULE C1Form of
informationsection 11New South
Wales}to wit}BE
it remembered thatofin the State of NewSouth
Walescometh on thedayofin the year of our Lordbeforeme(orus)J.P.1(ormore) of Her
Majesty’s justices of the peace assigned to keep the peace
inand for the (here describe the local
jurisdiction of the justice as the case maybe) in the State
of New South Wales and giveth me (or us) to understandand
be informed thathathbeenguiltyof(heredescribe the
offence).Form of convictionBE it remembered
that on theday ofintheyearof our
Lordisbroughtbeforeme(orus) J.P. 1 (or
more) of Her Majesty’s justices assigned to keep the peace
inand for the (here describe the local
jurisdiction of the justice as the case maybe) in the State
of New South Wales and is charged before me (or us) withhaving (here describe the offence) and it
appearing to me (or us) that thesaidis
guilty of the said offenceI (or we) do therefore adjudge the said
(here insert the adjudication).Given under my
(or our) hand (or hands) the day and years first abovewritten.
16Gaming Act 18503´AIAamdchdefdivexpgazhdginslapnotfdomo in cpparaprecpresprev==================KeyKey to
abbreviations in list of legislation and annotationsActs
Interpretation Act 1954amendedchapterdefinitiondivisionexpires/expiredgazetteheadinginsertedlapsednotifiedomittedorder in
councilpageparagraphprecedingpresentprevious(prev)procprovptpubdR[X]RArelocrenumrepsschsdivSIASLsubunnum=================previouslyproclamationprovisionpartpublishedReprint
No.[X]Reprints Act 1992relocatedrenumberedrepealedsectionschedulesubdivisionStatutory
Instruments Act 1992subordinate legislationsubstitutedunnumbered´4List of
legislationGaming Act 1850 14 Vic No. 9 (NSW)date
of assent 10 September 1850commenced on date of assentas
amended by—Criminal Code Act 1899 63 Vic No. 9 s 3(2)
sch 3date of assent 28 November 1899commenced 1 January 1901 (see s 2)Statute Law Revision Act 1908 8 Edw 7 No. 18
s 2 sch 1date of assent 23 December 1908commenced on date of assentRacing
and Betting Act 1954 3 Eliz 2 No. 54 s 4 sch 1date of assent 21
December 1954commenced 1 July 1955 (proc pubd gaz 18 June
1955 p 869)Gaming Act 1972 No. 19 (as amd by 1980 No. 35
s 4(1) sch 1)date of assent 19 December 1972commenced on date of assentLimitation of Actions Act 1974 No. 75 s 4
schdate of assent 1 November 1974commenced 1 July 1975 (see s 2)
17Gaming Act 1850´5List of annotationsPreambleom 1908 8 Edw 7
No. 18 s 2 sch 1Power of justice may be exercised under
warrants 1amd 1972 No. 19 s 2 (as amd by 1980
No. 35 s 4(1) sch 1)What shall be sufficient evidence that a
house is a common gaming houses 2om
1899 63 Vic No. 9 s 3(2) sch 1Proof of gaming
for money not necessary in support of informations for
gamings 3om 1899 63 Vic No. 9 s 3(2) sch
1What shall be deemed evidence of
gamings 4amd 1908 8 Edw 7 No. 18 s 2 sch
1Indemnity of witnessess 5amd
1908 8 Edw 7 No. 18 s 2 sch 1Empowering
constables to visit houses where certain games are publicly
playeds 6amd 1908 8 Edw 7 No. 18 s 2 sch
1Cheating at play to be punished as obtaining
money be false pretencess 7amd 1908 8 Edw 7
No. 18 s 2 sch 1Wagers not recoverable at laws
8amd 1908 8 Edw 7 No. 18 s 2 sch 1om
1954 3 Eliz No. 54 s 4 sch 1Proceeding under
feigned issues abolisheds 9amd 1908 8 Edw 7
No. 18 s 2 sch 1Penalty in any case not specifically provided
for and manner of proceeding forrecovery of
penaltiess 10amd 1908 8 Edw 7 No. 18 s 2 sch
1Limitation of actionss 15om
1974 No. 75 s 4 schNo certiorari alloweds 16amd
1908 8 Edw 7 No. 18 s 2 sch 1Act may be amended
or repealeds 18om 1908 8 Edw 7 No. 18 s 2 sch
1
18Gaming Act 1850´6Table of changed names and
titlesTABLE OF CHANGED NAMES AND TITLESunder
the Reprints Act 1992 ss 23 and 23AOldNewReference provisioncolonyconstableStatepolice
officerHer Majesty (by aparticular style
ortitle)member (of the
policeforce)Her Majesty (by
hercurrent style andtitles)police officersee
CommonwealthConstitutionPolice Service
AdministrationAct 1990 s 11.1(1)(c) (seealso
s 1.4)Acts Interpretation Act 1954s
52(b)Police Service AdministrationAct
1990 s 11.1(1)(i) (seealso s 1.4)´7Table of obsolete and redundant
provisionsTABLE OF OBSOLETE AND REDUNDANT
PROVISIONSunder the Reprints Act 1992 s 39Omitted provisionProvision making
omittedprovision obsolete/redundantreferences to Queensland impliedActs
Interpretation Act 1954s 35´8Table of renumbered provisionsTABLE
OF RENUMBERED PROVISIONSunder the Reprints Act 1992 s
43PreviousRenumbered
as1st section. . . . . . . . .
. . . . . . . . . . . . . . . . . . . . .11st
section, 1st provision. . . . . . . . . . . . . . . . .
.1(1)1st section, 2nd provision . . . . . .
. . . . . . . . . . . .1(2)1st section, 3rd
provision. . . . . . . . . . . . . . . . . .1(3)1st section, 4th provision. . .
. . . . . . . . . . . . . . .1(4)