XN000022-1981-07-08 — Page 16

WEDNESDAY, JULY 8, 1981

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ILLEGAL GAMBLING AT 'UNACCEPTABLY HIGH LEVEL'

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ILLEGAL GAMBLING THOUGH AT A LOWER LEVEL THAN THREE YEARS AGO, WAS STILL UNACCEPTABLY HIGH, SAID THE ACTING ATTORNEY GENERAL, THE HON. G.P. NAZARETH, WHEN MOVING THE SECOND READING OF THE GAMBLING (AMENDMENT) BILL 1981 AT THE LEGISLATIVE COUNCIL TODAY.

THE PROBLEM AREAS OF ILLEGAL GAMBLING ARE ILLEGAL BOOKMAKING AND ILLEGAL CASINO-TYPE GAMBLING, HE SAID.

THE AMENDMENT BILL IS INTENDED TO REMOVE TWO MAJOR WEAKNESSES IN ACTION THAT CAN BE TAKEN AGAINST THESE ACTIVITIES.

WITH REGARD TO ILLEGAL BOOKMAKING, CLAUSE THREE PROVIDES THAT A PERSON IN POSSESSION OF A BETTING SLIP IS PRESUMED TO BE IN SUCH POSSESSION TO ASSIST ANOTHER PERSON IN BOOKMAKING.

HOWEVER, TO PROTECT INNOCENT RACEGOERS WHO MAY HAVE MADE NOTES OF A BET FOR A FRIEND FROM PROSECUTION, AN AMENDMENT WILL BE MADE TO MAKE THE ATTORNEY GENERAL'S CONSENT A PRE-REQUISITE TO PROSECUTION,

MR NAZARETH POINTED OUT THAT IT WAS FELT MOST UNLIKELY" THAT ACTION WOULD BE TAKEN AGAINST AN GENUINE PUNTER.

EVEN IN THE REMOTE EVENTUALITY THAT AN INNOCENT PUNTER WAS FOUND WITH A NOTE OF A BET FOR A FRIEND, HE WOULD ONLY HAVE TO SHOW THAT ON THE BALANCE OF PROBABILITIES THE BET WAS NOT RECEIVED BY WAY OF TRADE OR BUSINESS.'

REFERRING TO ILLEGAL CASINO-TYPE GAMBLING, HE SAID FORMIDABLE MEASURES INVOLVING CONSIDERABLE INGENUITY ARE TAKEN BY ORGANISERS TO AVOID DETECTION AND PROSECUTION. PREMISES ARE ROTATED OPERATING HOURS CHANGED, ONLY KNOWN CUSTOMERS ADMITTED, LOOKOUTS, WALK IE-TALKIE RADIOS AND TELEPHONE PAGING SYSTEMS ARE USED, CUSTOMERS ARE TRANSPORTED FROM PRE-ARRANGED PICK-UP POINTS AND ARE CONFINED TO THE PREMISES UNTIL GAMBLING IS COMPLETED.+

ALL THESE CALLED FOR EFFECTIVE DETERRENTS ONCE AN OFFENCE IS ESTABLISHED."

HE POINTED OUT THAT THE EXISTING LAW PROVIDES MANDATORY FORFEITURE OF MONEY OR PROPERTY USED IN ILLEGAL GAMBLING, BUT THIS WAS DIFFICULT TO PROVE, AS VERY LITTLE MONEY IS EVER FOUND BY THE TIME POLICE ARE ABLE TO GAIN ENTRY TO THE PREMISES DUE TO DELIBERATE DELAYING TACTICS USED BY THE OPERATORS.

CLAUSE THREE OF THE BILL PROPOSES A PRESUMPTION THAT WHERE ENTRY OF THE POLICE IS PREVENTED, OBSTRUCTED OR DELAYED, ALL MONEY OR PROPERTY FOUND IN THE PREMISES IS PRESUMED TO HAVE BEEN USED FOR OR IN CONNECTION WITH GAMBLING.

DEBATE ON THE MOTION WAS ADJOURNED.

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