697 (Q11VrIt5fhtltZ,1 ANNO TERTIO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 63 of 1964 An Act to Amend "The Racing and Betting Acts, 1954 to 1963," and "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1963," each in certain particulars [ASSENTED TO 22ND DECEMBER, 1964] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-- PART I-PRELIMINARY 1. Short title. This Act may be cited as " The Racing and Betting Acts and Another Act Amendment Act of 1964." 2. Parts of Act. This Act is divided into Parts as follows:- PART I-PRELIMINARY; PART 11-AMENDMENTS OF " THE 1954 TO 1963"; RACING AND BETTING ACTS, PART III-AMENDMENTS OF " THE VAGRANTS, GAMING, AND OTHER OFFENCES ACTS, 1931 TO 1963."
698 PART 11-AMENDMENTS OF " THE RACING AND BETTING ACTS, 1954 TO 1963" 3. (1) Construction of Part U. This Part II of this Act shall be read as one with " The Racing and Betting Acts, 1954 to 1963." (2) Collective title. " The Racing and Betting Acts, 1954 to 1963, " and this Part II of this Act may be collectively cited as "The Racing and Betting Acts, 1954 to 1964." 4. Amendment of s. 6 (1). Subsection (1) of section six of " The Racing and Betting Acts, 1954 to 1963," is amended by omitting the definition " Metropolitan Area " and inserting in its stead the following definition:metropolitan Area "-The Area of the City of Brisbane as constituted and declared by and under " The City of Brisbane Acts, 1924 to 1960";". 5. Repeal of and new s. 36. " The Racing and Betting Acts, 1954 to 1963," are amended by repealing section thirty-six and inserting in its stead the following section:" [36.] Days whereon racing or coursing is unlawful. 21 Geo. V No. 27, ss. 6 and 26; 11 Geo. VI No. 3, s. 14. (1) It shall be unlawful for a person to conduct a race meeting or horse race(a) in any part of the State on any Sunday or on Christmas Day or Good Friday; (b) in the Metropolitan Area or in any of the following Local Authority Areas, namely the cities of Bundaberg, Cairns, Charters Towers, Gympie, Mackay, Maryborough Rockhampton, Toowoomba, and Townsville on any day other than(i) a Saturday the date whereof is not the twenty-fifth day of December (Christmas Day) or which, in the case of a race meeting for galloping horses in the Metropolitan Area, is not a Saturday allotted as prescribed by section 46A of this Act in the year in question; (ii) a day (not being a Sunday or a Saturday or Christmas Day or Good Friday) which, or the afternoon of which, being appointed by or pursuant to " The Holidays Acts, 1912 to 1961," to be kept or observed as a public, holiday or part public holiday in the Metropolitan Area or, as the case may be, that Local Authority Area, is kept or observed therein as that public holiday or part public holiday; (iii) (where another day or the afternoon of another day is appointed pursuant to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday or part public holiday instead ofthe day appointed by or pursuant to that Act to be kept or observed as that public holiday or part public holiday and is so kept or observed in the Metropolitan Area or, as the case may be, that Local Authority Area)-that day, including such another day so appointed instead of Christmas Day; (iv) (in any Local Authority Area hereinbefore specified in this paragraph (b), but subject to the prior approval of the Minister having been applied for and obtained),-a day (not being a Sunday or Christmas Day or Good Friday) which, though not specified in subparagraphs ( i), (ii) or (iii) of this
699 paragraph (b) is nevertheless a day on which an annual and well established race meeting of particular interest to the inhabitants of the city in question is customarily held. (2) It shall be unlawful for a person to conduct a coursing meeting or coursing(a) in any part of the State, on any Sunday or on Christmas Day, Good Friday or Anzac Day; (b) in the Metropolitan Area or in any of the following Local Authority Areas, namely the cities of Bundaberg, Cairns, Charters Towers, Gympie, Ipswich, Mackay, Maryborough, Rockhampton, Toowoomba, and Townsville, on any day other than(i) a Saturday the date whereof is neither the twenty-fifth day of April (Anzac Day) nor the twenty-fifth day of December (Christmas Day) in the year in question; (ii) a day (not being a Saturday or Christmas Day, Good Friday, or Anzac Day) which, or the afternoon of which, being appointed by or pursuant to " The Holidays Acts, 1912 to 1961," to he kept or observed as a public holiday or part public holiday in the Metropolitan Area or, as the case may be, that Local Authority Area, is kept or observed therein as that public holiday or part public holiday; (iii) (where another day or the afternoon of another day is appointed pursuant to "The Holidays Acts, 1912 to 1961," to be kept as a public holiday or part public holiday instead of the day appointed by or pursuant to that Act to be kept or observed as that public holiday or part public holiday and is so kept or observed in the Metropolitan Area, or. as the case may be, that Local Authority Area)-that day. including such another day so appointed instead of Christmas Day or Anzac Day; or (iv) (in any Local Authority Area, other than the City of Ipswich, hereinbefore specified in this paragraph (b), but subject to the prior approval of the Minister having been applied for and obtained),-a day (not being a Sunday, Christmas Day, Good Friday, or Anzac Day) which, though not specified in subparagraphs (i), (ii), and (iii) of this paragraph (b) is nevertheless a day on which an annual and well established coursing meeting of particular interest to the inhabitants of the city in question is customarily held. (3) (a) It shall be unlawful for a person to conduct in the Local Authority Area of the City of Ipswich a race meeting for the racing of trotting horses or a horse race for trotting horses(i) on any day prescribed by subsection (1) of this section to be a day whereon it would be unlawful for a person to conduct a race meeting for trotting horses in the Metropolitan Area; (ii) on any day allotted to a registered club as prescribed by section 46A of this Act; or (iii) on the day appointed pursuant to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday in the Local Authority Area of the City of Ipswich in relation to the annual agricultural, horticultural or industrial show held in that City. (b) It shall be unlawful for a person other than a registered club to conduct in the Local Authority Area of the City of Ipswich a race meeting for the racing of galloping horses, or a horse race for galloping horses.
700 Racing and Betting Acts, Etc., Amendment Act of 1964, No. 63 (c) It shall be unlawful for a registered club to conduct in the Local Authority Area of the City of Ipswich a race meeting for the racing of galloping horses, or a horse race for galloping horses, on any day other than(i) a day allotted to that registered club as prescribed by section 46A of this Act; (ii) the day appointed pursuant to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday in the Local Authority Area of the City of Ipswich in relation to the annual agricultural, horticultural or industrial show held in that City. (4) Paragraph (b) of subsection (1) of this section does not apply with respect to the conducting by a registered club in the Metropolitan Area, and paragraph (c) of subsection (3) of this section does not apply with respect to the conducting by a registered club in the Local Authority Area of the City of Ipswich, of a race meeting on a day (other than a Sunday or Christmas Day or Good Friday) on which that club is, pursuant to subsection (3) of section thirty-nine or, in the case of the Local Authority Area of the City of Ipswich, subsection (4) of section 46A of this Act, permitted in writing by the Minister to conduct that race meeting." 6. Amendments of s. 39. Section thirty-nine of " The Racing and Betting Acts, 1954 to 1963," is amended by(a) in subsection (1) inserting before the words " section thirty-six " the words, numeral and brackets " subsection (1) of "; (b) in subsection (2) inserting before the words " section thirty-six " the words, numeral and brackets " subsection (1) of ", 7. New s. 44A inserted. " The Racing and Betting Acts, 1954 to 1963," are amended by inserting after section forty-four the following section:" [44A.] Race meeting on Anzac Day. (1) It shall be unlawful for a person to conduct on the twenty-fifth day of April (Anzac Day), whether or not that day is a Saturday, a race meeting which is commenced before one o'clock in the afternoon or whereat any horse race is started before thirty minutes after one o'clock in the afternoon. (2) For the purposes of this section a race meeting shall be deemed to be commenced before one o'clock in the afternoon if before that hour(a) betting occurs on the racecourse whereon the race meeting in question is or is to be conducted, whether on a totalisator or with any bookmaker, and whether on an event or contingency to be decided on that racecourse or elsewhere; (b) the person by whom the race meeting is to be, or is being, conducted publishes or permits or allows to be published (otherwise than by means of race books) on that racecourse any information concerning(i) any horse race to be held at that race meeting; (ii) any particulars concerning the horses that will or will not take part in any race at that race meeting; (iii) the person or persons who will ride any horse or horses taking part in any race at that race meeting; (iv) the position or positions at the barrier or starting machine which any one or more ofthe horses taking part in any race at that race meeting will occupy;
701 (v) any adjustment (and whether by way of penalty, allowance or overweight) made of the weight to be carried by any horse taking part in any race at that race meeting; (vi) the betting on that racecourse on any horse or horses taking part in any race to be held at that race meeting, or such person publishes or permits or allows to be published on that racecourse in respect of a race meeting on some other racecourse (and whether conducted or to be conducted on the Anzac Day in question or on any other day) information concerning any of the matters specified in subparagraphs (i) to (vi), both inclusive, of this paragraph (b)." 8. Amendment of s. 45 (1). Subsection (1) of section forty-five of "The Racing and Betting Acts, 1954 to 1963," is amended by, in paragraph (b), inserting before the words " section thirty-six " the words, numeral and brackets " subsection (1) of ". 9. Amendment of s. 46 (1). Subsection (1) of section forty-six of " The Racing and Betting Acts, 1954 to 1963," is amended by omitting the first paragraph and inserting in its stead the following paragraph:" The Governor in Council may, by Order in Council, appoint such number as he deems fit of persons representative in his opinion of the racing clubs which conduct race meetings for the racing of galloping horses in the Metropolitan Area to be a committee." 10. New s. 46A inserted. " The Racing and Betting Acts, 1954 to 1963," are amended by inserting after section forty-six the following section:"[46a.] Allotment of racing days for the City of Ipswich. (1) There shall be allotted as prescribed by subsection (2) of this section such numbers respectively of Saturdays and of days other than Saturdays as the Governor in Council (who is hereby thereunto authorised) by Order in Council fixes from time to time and, until those numbers are first so fixed(a) three Saturdays; and (b) twelve days, each being a day other than a Saturday, identified by dates in a calendar year on which it shall be lawful for the registered club or registered clubs named in the allotment to conduct in the Local Authority Area of the City of Ipswich race meetings for the racing of galloping horses. If the allotment names more registered clubs than one, it shall specify the dates which are allotted to them respectively. If the allotment names only one registered club the day mentioned in subparagraph (ii) of paragraph (c) of subsection (3) of section thirty-six of this Act shall be deemed to be thereby allotted to that registered club but, if the allotment names more registered clubs than one, it shall specify the one of them to which that day is thereby allotted. The first such allotment shall be made in respect of the calendar year one thousand nine hundred and sixty-five.
702 (2) In respect of any calendar year such allotment may be made by the principal club for the area which includes the Local Authority Area of the City of Ipswich : Provided that in respect of any year the Governor in Council may. by Order in Council, make such allotment and in the event that he does so(a) before the making of an allotment under this section by the aforesaid principal club, that principal club shall not make an allotment; or (b) after the making of an allotment under this section by the aforesaid principal club, the allotment made by the Governor in Council shall be substituted for the allotment made by the said principal club which shall be thereby annulled. (3) Any day allotted under this section shall not be a Sunday or Christmas Day or Good Friday. (4) if, owing to weather conditions, it is found impossible or impracticable to conduct, in the Local Authority Area of the City of Ipswich, any race meeting for galloping horses on any day allotted pursuant to this section, then the registered club concerned may, with the prior approval in writing of the Minister, conduct that meeting on another day, but not later than the Friday of the second week following the week containing the day on which the postponed race meeting should have been conducted, and not being a day which has been allotted pursuant to this Act to another registered club for conducting a race meeting for galloping horses in the Metropolitan Area or in the Local Authority Area of the City of Ipswich." 11. Amendment of s. 55A (4). Subsection (4) of section 55A of " The Racing and Betting Acts, 1954 to 1963," is amended by, in paragraph (a), omitting the words " Good Friday or Anzac Day" and inserting in their stead the words " or Good Friday or, if such day is the twenty-fifth day of April (Anzac Day) no horse race or other sporting contingency is conducted before thirty minutes after one o'clock in the afternoon ". 12. Amendment of s. 65. Section sixty-five of " The Racing and Betting Acts, 1954 to 1963," is amended by omitting subsection (2) and inserting in its stead the following subsection:" (2) The sum to be charged by and to be paid to a racing club authorised under this Part to operate totalisators, as and for commission shall not exceed(i) (in the case of a totalisator operated at a race meeting conducted on a racecourse situated in the Metropolitan Area) eight and three-quarters per centum; (ii) (in the case of a race meeting conducted on a racecourse situated in the Local Authority Area of the City of Ipswich on a Saturday or on the day appointed pursuant to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday in the Local Authority Area of the City of Ipswich in relation to the annual agricultural, horticultural or industrial show held at that city) eight and three-quarters per centum; (iii) (in the case of a totalisator operated at a race meeting conducted on a racecourse situated in the Local Authority Area of the City of Ipswich on a day other than a Saturday or the public holiday specified in paragraph (ii) of this subsection), ten per centum;
703 (iv) (in the case of a totalisator operated at a race meeting conducted on a racecourse other than a racecourse situated in the Metropolitan Area or a racecourse situated in the Local Authority Area of the City of Ipswich) ten per centum, of all moneys paid into each and every totalisator operated at each race meeting conducted by the racing club. This subsection applies subject to paragraph (d) of subsection (6) of section 71A of this Act." 13. Amendment of s. 69 (4). Subsection (4) of section sixty-nine of " The Racing and Betting Acts, 1954 to 1963," is amended by adding the following paragraph:" (J) An unpaid dividend in respect of a bet made through or with the Authority shall not be claimable or recoverable from any person other than the Authority nor from the Authority otherwise than as prescribed by this subsection." 14. Amendment of s. 71A (8). Subsection (8) of section 71A of " The Racing and Betting Acts, 1954 to 1963," is amended by adding the following paragraph:" (d) Paragraphs (b) and (c) of this subsection apply subject to this paragraph (d). The total of the amounts paid or incurred by the Authority for establishment and capital expenses in respect whereof the Authority is entitled to reimbursement as prescribed by this subsection is, and is hereby limited to, seven hundred thousand pounds." 15. Amendment of s. 73. Section seventy-three of the Principal Act is amended:(a) by omitting subsection (1) and inserting in its stead the following subsection:" (1) Subject to subsection (2) of this section, every person who is granted, by any racing club or coursing club, permission to carry on the business of or act as a bookmaker on a racecourse or, as the case may be, coursing ground, shall, for each and every financial year in which he has that permission, pay to Her Majesty in right of this State, a tax (which shall be known as bookmaker's permit tax) of the amount following:(i) In the case of permission granted by a racing club in respect of a race meeting for galloping horses held on a racecourse situated within the Metropolitan Area(a) for the saddling paddock, fifty pounds; (b) for the leger reserve, twenty-five pounds; (c) for any other part, five pounds; (ii) In the case of permission granted by a racing club in respect of a race meeting for galloping horses held on a racecourse situated in the Local Authority Area of the City of Ipswich on a Saturday or on the day appointed pursuant to "The Holidays Acts, 1912 to 1961," to be kept as a public holiday in the Local Authority Area of the City of Ipswich in relation to the annual agricultural, horticultural or industrial show held at that city(a) for the saddling paddock, fifty pounds; (b) for the leger reserve, twenty-five pounds; (c) for any other part, five pounds;
704 (iii) in the case of permission granted by a racing club in respect of a race meeting for galloping horses held on a racecourse situated in the Local Authority Area of the City of Ipswich on a day other than a Saturday or the public holiday mentioned in paragraph (ii) of this subsection, fifteen pounds; (iv) In the case of permission granted by a racing club in respect of a race meeting for galloping horses held on a racecourse situated within a ten- miles radius of the principal post office at Rockhampton, Toowoomba, or Townsville(a) for the saddling paddock, fifteen pounds; (b) for any other part, seven pounds; (v) In the case of permission granted by a racing club in respect of a race meeting for galloping horses held on a racecourse situated elsewhere than as specified in paragraphs (i). (ii), (iii) or (iv) of this subsection, five pounds; (vi) In the case of permission granted by a racing club in respect of a race meeting for trotting horses held on a racecourse situated within a twenty-miles radius of the General Post Office at Brisbane(a) for the saddling paddock, twenty-five pounds: (b) for any other part, ten pounds; (vii) In the case of permission granted by a trotting club in respect of a race meeting for trotting horses heed on a racecourse situated outside a twenty-miles radius of the General Post Office at Brisbane but within a ten-miles radius of the principal post office at Ipswich, Rockhampton, Toowoomba or Townsville(a) for the saddling paddock, fifteen pounds; (b) for any other part, seven pounds; (viii) In the case of permission granted by a trotting club in respect of a race meeting for trotting horses held on a racecourse situated elsewhere than as specified in paragraph (vi) or (vii) of this subsection, five pounds; (ix) In the case of permission granted by a coursing club(a) in respect of a coursing ground situated within a sixty-miles radius of the General Post Office at Brisbane, fifteen pounds; (b) in respect of a coursing ground situated elsewhere within the State than as aforesaid, ten pounds. "; (b) omitting subsection (3) and inserting in its stead the following subsections:- (3) For the purposes of this subsection(a) a racecourse situated partly within and partly without the Metropolitan Area shall be deemed to be situated wholly within that area; (b) a coursing ground situated partly within and partly without the radius from the General Post Office at Brisbane prescribed by this section, shall be deemed to be situated wholly within that radius; and (c) a racecourse situated partly within and partly without a radius prescribed by this section shall be deemed to be situated wholly within the radius in question."
705 16. Amendment of s. 76 (2). Subsection (2) of section seventy-six of " The Racing and Betting Acts, 1954 to 1963," is amended by omitting the words " Good Friday, or Anzac Day " and inserting in their stead the words " or Good Friday ". 17. Amendments of s. 95C. Section 95c of "The Racing and Betting Acts, 1954 to 1963," is amended by(a) omitting subsections (3), (4), (5), (6) and (7) and inserting in their stead the following subsection :" (3) The amount for the time being standing to the credit of the Bookmaker's Turnover Tax Special Fund (including any amount standing to the credit of that Fund at the date of the enactment of this subsection) shall be distributed annually, or at such lesser intervals as the Treasurer thinks fit, to the principal clubs and principal trotting clubs in equal proportions,"; and (b) by re-numbering subsection (8) as subsection (4). 18. Amendments of s. 96 (1). Subsection (1) of section ninetysix of "The Racing and Betting Acts, 1954 to 1963," is amended by omitting paragraph (b) and inserting in its stead the following paragraphs:(b) Where the ticket is issued in the saddling paddock of a racecourse situated in the Local Authority Area of the City of Ipswich which is used for the purpose of conducting race meetings for galloping horses on a Saturday or on the day appointed pursuant to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday in the said Local Authority Area in relation to the annual agricultural, horticultural or industrial show held at that City, the amount of such stamp duty thereon shall be two pence; (c) Except as prescribed by paragraphs (a) or (b) of this subsection, the amount of such stamp duty thereon shall be one penny." 19. Amendments of s. 106. Section one hundred and six of " The Racing and Betting Acts, 1954 to 1963," is amended by(a) adding to subsection (2) the following paragraph:" This subsection does not apply to any bet made by telephone as prescribed by subsection (3) of this section."; and (b) adding the following subsection:" (3) A bookmaker lawfully carrying on business as such on any of the following racecourses, namely Eagle Farm, Doomben, or Albion Park on a day on which a race meeting is lawfully being held on such racecourse, or lawfully carrying on business as such on Bundamba Racecourse on a Saturday on which a race meeting is lawfully being held on that racecourse, may make a bet by telephone with a person provided t hat(a) the bet is made with a person who on the day in question is lawfully carrying on business as a bookmaker on a racecourse in or in the vicinity of the City of Sydney or the City of 23
706 Racing and Betting Acts, Etc., Amendment Act of 1964, No. 63 Melbourne whereon a race meeting for galloping horses is then being lawfully held and it is lawful for such person to make the bet then and there; (b) the bet is made for the purpose of laying off a bet or hets lawfully made by him on the day and on the racecourse in question; (c) the bet or bets to be laid off is or are made on a horse race to be decided on the day in question on the racecourse whereon the person with whom the bet is made is on that day lawfully carrying on business as a bookmaker; (d) he has made prior application to the committee or other governing body of the club which is conducting the race meeting on the day and racecourse in question, or to a person acting under their authority, and has satisfied them or such authorised person that he desires to make a bet by telephone in compliance in every respect with the requirements of paragraphs (a), (b) and (c) of this subsection; and (e) he makes the bet with the permission of and by means of a telephone designated by and under the control of the said committee or other governing body or authorised person. The Governor in Council may, by Order in Council, specify any other racecourse whereon bets by telephone may be made as prescribed by this subsection, and bets by telephone may be made as prescribed by this subsection on a racecourse so specified. " 20. Amendment of s. 108. Section one hundred and eight of " The Racing and Betting Acts, 1954 to 1963," is amended by adding the following subsection:" (4) No person shall have in his custody or possession any instrument of betting on horse racing, including the racing of trotting horses. In and for the purpose of this subsection " instrument of betting includes any list, sheet, book, ticket or other document or writing whatsoever kept or used, or apparently kept or used, or capable of being used, or in the opinion of the court kept or used, for any purpose of or connected with betting on horse racing (including the racing of trotting horses)." 21. Amendment of s. 126 (1). Subsection (1) of section one hundred and twenty-six of " The Racing and Betting Acts, 1954 to 1963," is amended by inserting after the words " section one hundred and eight " the words 06 or section one hundred and ten ".
Racing and Betting Acts, Etc., Amendment Act of 1964, No. 63 707 PART 111-AMENDMENTS OF " THE VAGRANTS, GAMING, AND OTHER OFFENCES ACTS, 1931 TO 1963 " 22. (1) Construction of Part III. This Part III of this Act shall be read as one with "The Vagrants, Gaming, and Other Offences Acts, 1931 to 1963." (2) Collective title. " The Vagrants, Gaming, and Other Offences Acts, 1931 to 1963," and this Part III of this Act may be collectively cited as " The Vagrants, Gaming, and Other Offences Acts, 1931 to 1964." 23. Amendment of s. 2 of 22 Geo. V No. 27. Section two of " The Vagrants, Gaming and Other Offences Acts, 1931 to 1963," is amended by adding to the definition " instrument of gaming " the words " other than betting on horse racing, including the racing of trotting horses ". 24. Amendment of s. 4 of 22 Geo. V No. 27. Section four of The Vagrants, Gaming and Other Offences Acts, 1931 to 1963 ", is amended by omitting subsection (3).