Queensland Bills Explanatory Notes

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RACING AND BETTING AMENDMENT BILL 1992

  RACING AND BETTING AMENDMENT
             BILL 1992

                    EXPLANATORY NOTES

Short Title
  Clause 1--Provides for this Act to be cited as the Racing and Betting
Amendment Act 1992.


Amended Act
   Clause 2--Provides that the Racing and Betting Act 1980 is amended as
set out in this Act.


Amendment of section 218
   Clause 3--(Prosecution and penalty for unlawful bookmaking, opening,
keeping or using common betting house). Amends the penalty provisions
of the Act relating to unlawful bookmaking to provide for:--
  ·   a term of imprisonment for default in payment of a penalty to be
      ordered if a court fines a person;
  ·   a term of imprisonment as an alternative to a monetary penalty in the
      case of a second or subsequent offence; and
  ·   discretion in the court to impose a lower fine than the minimum
      prescribed penalty only in the case of a first offence and subject to
      absolute minimum penalty of 50 penalty units ($3,000).
   Existing section 218(5) of the Act, which provides for an offender to be
penalised for activities undertaken by other persons on the same premises is
repealed.


Insertion of a new s.218AA and 218AB
  Clause 4--Clarifies that:--
  ·   an order under section 218 is not an original order within the meaning
      of the Penalties and Sentences Act 1992 and a court cannot make a
      fine option order in relation to an offence against sections 214, 216 or
      217; and
 
 
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  ·    if a court orders that a person is to be imprisoned or the person fails
       to pay a fine and is liable for a period of default imprisonment, the
       court must not make any order that would result in the person not
       serving the sentence in prison.


Amendment of s.218A
   Clause 5--(Recovery of penalties imposed under s.218). A new
subsection (1) is inserted to the effect that the provisions of the section
(which provide for civil recovery of unpaid fines) apply only to a penalty
that was imposed before the commencement of this Act.


          SCHEDULE 1--Amounts of penalties to penalty units
  Converts all penalties in the Act to penalty units in accordance with the
Penalty Units Act and clarifies that the penalties prescribed are maximum
penalties.


      SCHEDULE 2--Statute revision amendments and transitional
                           provisions
   Removes references in the Act requiring acts to be done by
Order-in-Council and provides instead for the act to be done by regulation
(in accordance with modern drafting procedure).




                            © State of Queensland 1992

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