Gaming Offences Act 1936 (SA)

South Australia Gaming Offences Act 1936 An Act relating to unlawful gaming. Contents Part 1—Preliminary 1 Short title 4 Interpretation 4A Crown bound 4AB Act subject to other Acts authorising gambling Part 5—Unlawful gaming 49 Obtaining money etc by cheating 50 Gaming and wagering contracts void 50A Agreements in relation to gaming void 51 Extending provisions to gaming with coin etc 52 Gambling etc in public places 53 Betting with persons under the age of 18 years 54 Betting by persons under the age of 18 years 55 Receiving money for gaming from persons under the age of 18 years 57 Soliciting totalisator investments 58 Totalisator agents 58A Proof of offence 59 Certain games unlawful 59A Certain things declared instruments of unlawful gaming 60 Public betting and advertising 61 Unlawful gaming and playing of unlawful games 62 Being in public place for the purpose of betting 63 Unlawful bookmaking 64 Unauthorised totalisator betting prohibited 65 Unauthorised betting exchange prohibited 68 Betting notices and placards 69 Removal from racecourses etc of persons suspected of offences 72 Obstructing members of the police force in the execution of their duty 73 Power of police as to premises where unlawful gaming is carried on Part 6—Common gaming-houses 74 Common gaming-houses 75 Occupying a common gaming-house 76 Allowing use of premises as common gaming-house 77 Allowing use of premises as access to or exit from a gaming-house 78 Power to evict occupier of house used as gaming-house etc 79 Cancellation of notice to quit 80 Declaration that house a common gaming-house 81 Rescission of declaration 82 Publication of notice of declaration and rescission 83 Notice given of declaration 84 Persons found in house declared a common gaming-house 85 Penalty on owner of house used in contravention of Act 86 Penalty on occupier 87 Entry by police 88 Obstructing the police 88A Certain offences 89 Evidence of house being a gaming-house 90 Keeping house for purpose of gaming 91 Advancing money for the purpose of gaming 92 Receiving money for betting 93 Exhibiting placards or advertising betting houses 94 Betting advertisements 95 Giving false name and address 96 Entrance and nomination fees exempted Part 7—Evidence 97 Immunity of police and other authorised persons 98 Evidentiary provision relating to licences and permits 99 Allegations to be prima facie proof 100 Knowledge of owner as to occupancy of premises 103 Prima facie evidence of unlawful gaming 104 Evidence as to offences 105 Reasonable suspicion sufficient to set up a prima facie case 106 Certain allegations prima facie evidence 107 Proof of age 108 Proof of publication 108A "Silent" telephone evidence of unlawful gaming Part 8—Procedure and miscellaneous 112 Form of complaint, defects in substance or form of conviction and amendment of complaint etc 113A Dishonest, deceptive or misleading conduct 114 Premises of body corporate used for unlawful gaming 115 Entry of shops, factories and club premises 117 Delegation 119 Regulations Legislative history The Parliament of South Australia enacts as follows: Part 1—Preliminary 1—Short title This Act may be cited as the Gaming Offences Act 1936. 4—Interpretation In this Act, except where the subject matter or context or some other provision requires a different construction— bet or make a bet means— (a) make or negotiate a bet whether by spoken word, writing, signal, gesture or any other direct or indirect means and whether with or for money or any valuable thing or by cash or under any credit arrangement; or (b) receive, pay or give money or any valuable thing in connection with a bet; or (c) settle a bet, and betting has a corresponding meaning; bookmaker includes a bookmaker's agent; loiter means to idle or linger about; occupier in relation to occupiers of any house, office, room, or place used for a purpose forbidden by this Act means the owner, occupier, or keeper of any house, office, room, or place, or any person using the same, or any person procured or employed by or acting for or on behalf of the owner, occupier, or keeper, or person using the same, or any person having the care or management, or in any manner conducting the business thereof; place means any house, office, room, tent, ship, building, erection, road, street, thoroughfare, alley, right-of-way (either public or private), and all land (whether public or private) enclosed or otherwise; public place means— (a) every public place; and (b) every place to which the public are permitted to have access tacitly or otherwise and whether on payment of money or not; and (c) any premises in respect of which a licence granted under the Liquor Licensing Act 1997 is in force; and (d) any shop, and any part of a building occupied in connection with, or for the purposes of, a shop; and (e) any factory, and the appurtenances of any factory; and (f) any building or place occupied by any club (whether a racing club or not), and the appurtenances of that building or place; and (g) any place commonly used by the public whether as trespassers or otherwise; street means every public street, thoroughfare, private street, or road commonly used by or to which the public are permitted to have access; unlawful gaming means— (a) the playing at or engaging in any game with cards or other instruments, or with money, in or as the result of which game any person or persons derives or is intended to derive (other than in his or her capacity as a player) any part or percentage of any money or thing played for, staked, or wagered; and (ab) the playing at or engaging in a game of poker in a public place (provided that the regulations may prescribe circumstances in which playing at or engaging in a game will or will not constitute unlawful gaming for the purposes of this paragraph); and (b) any contravention of or failure to observe any provision of this Act, whether that provision relates to unlawful gaming as defined in paragraphs (a) and (ab) or not. 4A—Crown bound (1) This Act binds the Crown. (2) Nothing in this Act renders the Crown in any of its capacities liable to be prosecuted for an offence. (3) For the purposes of this section, a reference to the Crown extends— (a) not only to the Crown in right of this State but also (so far as the legislative power of the State permits) to the Crown in any other capacity; and (b) to an instrumentality of the Crown, and to an officer or employee of the Crown and any contractor or other person who carries out functions on behalf of the Crown. 4AB—Act subject to other Acts authorising gambling This Act has effect subject to the provisions of any other Act by which lotteries, betting or gaming, or any related activities, are authorised or declared to be lawful. Part 5—Unlawful gaming 49—Obtaining money etc by cheating A person must not win from any other person any money or valuable thing by fraud or any other unlawful means— (a) in playing at, or with, cards, dice, tables or other games; or (b) in bearing a part in the stakes, wages or adventures, or in betting on the sides or hands of them that do play; or (c) in betting on the event of any game, sport, pastime, or exercise. Maximum penalty: $10 000 or imprisonment for 2 years. 50—Gaming and wagering contracts void (1) All contracts or agreements whether by parol or in writing by way of gaming or wagering are void. (2) No action may be brought or maintained in any court to recover any sum of money or valuable thing— (a) alleged to be won on any bet; or (b) which has been deposited in the hands of any person to abide the event on which any bet has been made, but this section does not apply to any subscription or contribution or agreement to subscribe or contribute for or to any plate, prize, or sum of money to be awarded to the winner of any race or lawful game. 50A—Agreements in relation to gaming void (1) A contract or agreement for the payment of a debt incurred for the purpose of gaming or wagering (being a debt that is to the knowledge of the creditor incurred for that purpose) will be deemed to have been made for an illegal consideration. (2) A mortgage, charge, pledge or other security to secure the payment of a debt under a contract or agreement that is deemed to have been made for an illegal consideration by virtue of this section will be deemed to have been given for an illegal consideration. (3) Any money paid in or towards satisfaction of a supposed liability under a contract or agreement that is deemed to have been made for an illegal consideration by virtue of this section and any property taken under, or by way of, a security that is deemed to have been given for an illegal consideration by virtue of this section may be recovered by action in a court of competent jurisdiction. 51—Extending provisions to gaming with coin etc Any person who in any public place at or with any table or instrument of gaming, or any coin, card, token, or other article used as an instrument or means of wagering or gaming— (a) plays at any game or pretended game of chance; or (b) bets by way of wagering or gaming on any game or pretended game of chance, is guilty of an offence. Maximum penalty: $1 250. 52—Gambling etc in public places A person must not in any public place— (a) exhibit any implements or articles for unlawful gaming, in order to induce or entice any person to engage in any unlawful gaming; or (b) by any fraudulent act or device, cheat any person. Maximum penalty: $10 000 or imprisonment for 2 years. 53—Betting with persons under the age of 18 years A person must not make or offer to make a bet with any person who is under the age of 18 years. Maximum penalty: $2 500. 54—Betting by persons under the age of 18 years A person under the age of 18 years must not make or offer to make a bet with any other person. Maximum penalty: $2 500. 55—Receiving money for gaming from persons under the age of 18 years A person must not either directly or indirectly receive from any person under the age of 18 years, whether for himself or herself or on behalf of some other person, any money or any valuable thing on the understanding or agreement, either expressed or implied, that such money or valuable thing will be placed in or used either directly or indirectly for the purpose of any totalisator or sweepstakes, or betting. Maximum penalty: $2 500. 57—Soliciting totalisator investments (1) A person must not on any racecourse or in any other public place or street directly or indirectly invite or solicit any other person to give or entrust to him or her any money or valuable thing for the purpose or intent that such money or thing, or any part of such money or thing, will be placed or invested in any totalisator (whether such totalisator is lawful or not). Maximum penalty: $5 000. (2) This section does not apply to a body conducting totalisator betting as authorised under another Act. 58—Totalisator agents A person must not for fee, commission, reward, share, or interest of any kind whatever, or on any understanding or agreement, either expressed or implied, for such fee, commission, reward, share or interest— (a) receive from any other person any money for the purpose of investing the same in any totalisator (whether such totalisator is lawful or not) or with a bookmaker; or (b) receive any money on any such agreement, understanding, or intention that such money will be so invested. Maximum penalty: $5 000. 58A—Proof of offence In any proceedings for an offence under section 57 or 58 the proof of the receipt by any person of any money for the purpose alleged in the complaint will be prima facie evidence that it was invited or solicited by the recipient, and that it was received by him or her for fee, commission, reward, share, or interest, as the case may be. 59—Certain games unlawful The games, tricks, or devices commonly known as "the purse trick", "the three card trick", "thimble rig", "faro", "banker", "fan tan", "two up", "pitch-and-toss", "hazard", and all other games played in the same way, or of a kindred nature, are declared to be unlawful games. 59A—Certain things declared instruments of unlawful gaming (1) The Governor may, by regulation, declare any machine, article or thing to be an instrument of unlawful gaming. (2) For the purposes of this Act, a declaration may be made under subsection (1) notwithstanding that the machine, article or thing is not specifically designed for gaming. (3) For the purposes of this Act, the playing of or with any machine, article or thing declared under subsection (1) to be an instrument of unlawful gaming will be deemed to constitute the playing of an unlawful game, whether or not any person derives or is intended to derive any money or thing as a result of the playing. 60—Public betting and advertising A person must not, unless authorised by any provision of this Act— (a) in any public place bet or offer to bet by way of wagering or gaming; or (c) publish or cause to be published in printed or electronic form any advertisement inviting the public to make a bet or otherwise advertising the business or services of a person who conducts totalisator betting, acts as a bookmaker or conducts a betting exchange (within the meaning of section 65). Maximum penalty: $5 000. 61—Unlawful gaming and playing of unlawful games (1) A person must not be guilty of unlawful gaming. Maximum penalty: $2 500. (2) A person must not play at any unlawful game. Maximum penalty: $2 500. (3) A person must not— (a) be present at any unlawful gaming or at the playing of any unlawful game; or (b) be in any place in which any unlawful gaming is taking place, without lawful excuse (and the burden of proof is on the defendant to show lawful excuse). Maximum penalty: $750. (4) A person must not organise or promote unlawful gaming. Maximum penalty: $2 500. 62—Being in public place for the purpose of betting A person must not be in a public place for the purpose of unlawful betting. Maximum penalty: $5 000 or imprisonment for 1 year. 63—Unlawful bookmaking (1) A person must not act as a bookmaker. Maximum penalty: $50 000 or imprisonment for 4 years. (2) A person must not make a bet with a person if the acceptance of the bet by that person constitutes an offence against subsection (1). Maximum penalty: $5 000 or imprisonment for 1 year. 64—Unauthorised totalisator betting prohibited (1) A person must not conduct totalisator betting. Maximum penalty: $20 000 or imprisonment for 1 year. (2) A person must not make a bet with a person, if the acceptance of the bet by that person constitutes an offence against subsection (1). Maximum penalty: $5 000 or imprisonment for 6 months. 65—Unauthorised betting exchange prohibited (1) A person must not establish or conduct a betting exchange. Maximum penalty: $20 000 or imprisonment for 1 year. (2) For the purposes of subsection (1), and without limiting the effect of that subsection, a person will be taken to conduct a betting exchange in South Australia if the person allows a person in South Australia to make a bet by means of the betting exchange. (3) A person must not make a bet, or take action for the purpose of making a bet, through the use of a betting exchange. Maximum penalty: $5 000 or imprisonment for 6 months. (4) In this section— betting exchange means a facility, electronic or otherwise, designed to provide a mechanism through which— (a) offers to make bets are regularly made and accepted; or (b) offers or invitations to make bets are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations, but does not include a facility involved in the activities of a bookmaker or the conduct of totalisator betting. 68—Betting notices and placards A person must not— (a) placard, post up, or exhibit; or (b) permit or suffer to be placarded, posted up, or exhibited; or (c) assist in placarding, posting up, or exhibiting, in or on or about any land, building, or premises, any information or notice or list, directly or indirectly relating to betting or any unlawful game. Maximum penalty: $2 500. 69—Removal from racecourses etc of persons suspected of offences (1) If any police officer has reasonable grounds for suspecting that on any place on which any horse racing, dog racing, foot racing, cycle racing, football match, cricket match, or any other sport of a kind usually attended by the public, is then being carried on, or on any other place any person is guilty of, or has on that day been guilty of, unlawful gaming, that police officer may, without warrant arrest that person and remove him or her from that place. (2) A person who has been so removed from any such place must not, during the day on which he or she was so removed, re-enter or be again on that place, or any place contiguous to that place. Maximum penalty: $2 500. (3) No police officer who has acted bona fide in the intended exercise of the powers conferred on the officer by subsection (1) will be liable to any proceedings, civil or criminal, in consequence of having so acted. 72—Obstructing members of the police force in the execution of their duty A person must not wilfully— (a) prevent any police officer or other person assisting the officer under a warrant under this Act to enter any house, room, or place, from entering the same or part of the house, room or place; or (b) obstruct or delay any such police officer or person in so entering; or (c) by any bolt, bar, chain, or other contrivance secure any external or internal door of or means of access to any house, room, or place so authorised to be entered; or (d) use any means or contrivance whatsoever for the purpose of preventing, obstructing, or delaying the entry of any such police officer or person into any such house, room, or place or any part of the house, room or place. Maximum penalty: $2 500 or imprisonment for 6 months. 73—Power of police as to premises where unlawful gaming is carried on (1) On receiving a report in writing from any police officer of or above the rank of Inspector that the officer is of opinion that unlawful gaming is or is about to be carried on in any place, the Commissioner of Police may give notice in writing addressed to the occupier of that place, or if the name of the occupier is unknown, then addressed to that particular place, ordering that all doors or other means of entrance on that place or leading to or from that place, both internal and external, must be opened and kept open so as to admit of the free ingress and egress of any police officer authorised in writing by the Commissioner of Police and any persons assisting the officer during the days and hours stated in the notice. The notice must be served on the occupier of the said place, or, if the occupier cannot be found, it will be sufficient service if the notice is fastened in a conspicuous place on the outside of any door or other means of entrance to or leading to or from the said place. (2) After service of the notice the following provisions apply: (a) any police officer authorised in writing by the Commissioner of Police and any persons assisting the officer may enter, re-enter, and remain in or on the said place or any part of the place or any premises leading to the place during the days and hours stated in the notice for the purpose of observing the conduct of all persons in or on the said place; (c) any police officer authorised in writing by the Commissioner of Police and any police officer assisting the officer may use force if necessary in making entry or re-entry, whether by breaking doors or otherwise. (3) If— (a) the occupier of a place in relation to which a notice is given under subsection (1); or (b) in the absence of the occupier, any other person present on that place, refuses or neglects immediately to open or keep open, during the days and hours stated in the notice, any door or means of entrance mentioned in the notice, he or she is guilty of an offence. Maximum penalty: $2 500. (4) If a person, at any time during the days and hours stated in a notice under subsection (1), closes any door or means of entrance to the place to which the notice relates, that person is guilty of an offence. Maximum penalty: $2 500. Part 6—Common gaming-houses 74—Common gaming-houses (1) Any house, office, room, or place— (a) which is used for the playing of any unlawful game; or (b) which is used for the purpose of enabling any person or persons to bet with others or with one another, or to pay or receive money or valuable consideration in respect of any bet on events which have not happened, whether made in or at such house, office, room, or place, or elsewhere; or (c) which is occupied by any company or club having for its object or 1 of its objects the enabling of its shareholders or members to make bets or pay or receive money in respect of bets on events which have not happened, whether made amongst themselves or with other persons not necessarily being shareholders or members, will be deemed to be a common gaming-house. (2) A house, office, room, or place where an unlawful game is carried on will be deemed to be a common gaming-house, notwithstanding that the same is open only for the use of subscribers or of members or shareholders of any particular club or company, and is not open to all persons desirous of using the same. 75—Occupying a common gaming-house (1) A person who is the occupier of a common gaming-house is guilty of an offence. Maximum penalty: $20 000 or imprisonment for 1 year. (2) In proceedings for an offence under this section it will be presumed, in the absence of proof to the contrary, that the defendant knew that the house, office, room or place was being used as a common gaming-house. 76—Allowing use of premises as common gaming-house No owner or agent acting on behalf of the owner and no occupier of any house, office, room, or other place may allow or permit it to be used as a common gaming-house, but an owner or agent who is not an occupier, and who was in ignorance of and had no reasonable grounds to suspect such use, or had taken all reasonable steps to prevent it, is not guilty of an offence. Maximum penalty: $5 000. 77—Allowing use of premises as access to or exit from a gaming-house No owner or agent acting on behalf of the owner, and no occupier of any house, office, room, or place may allow or permit or suffer it to be used as a means of access to or exit or escape from any house, office, room, or place used as a common gaming-house, but if the owner, agent, or occupier was in ignorance of and had no reasonable grounds to suspect such use, or had taken all reasonable steps to prevent it, he or she is not guilty of an offence. Maximum penalty: $5 000. 78—Power to evict occupier of house used as gaming-house etc (1) Any owner of any house, office, room, or place who has reasonable grounds to suspect that it is used— (a) as a common gaming-house; or (b) as a means of access to or of exit or escape from any house, office, room, or place used as a common gaming-house, may serve on the tenant or occupier a notice to quit. (2) The serving of such notice will, subject to this Act, determine as from the seventh day after the date of service any tenancy under which the occupier holds as if the tenancy had expired by effluxion of time. The owner may then, without any authority other than this Act, take legal proceedings to evict, and may evict, such occupier. (3) The notice must be served personally on the occupier, but if the occupier cannot be found service may be effected by posting a copy of the notice on some conspicuous part of the said house, office, room, or place. (4) On proof, to the satisfaction of the Registrar-General, that such a notice has been served on the tenant or occupier in the manner set out in this section, the Registrar‑General must, at the expiry of 7 days from the date of service, cause a memorial of the service and of the date of service to be entered in respect of land under the provisions of the Real Property Act 1886 in the Register Book kept pursuant to that Act, and in respect of land not under the provisions of that Act in the General Registry Office of Deeds for the said State. 79—Cancellation of notice to quit (1) Any such notice to quit may at any time be cancelled as from the date of such notice and relief be granted by the Supreme Court subject to such terms as the Court thinks fit on application being made to the Court by the occupier and on proof that the occupier has not at any time used or allowed or permitted or suffered the house, office, room, or place to be used— (a) as a common gaming-house; or (b) as a means of access to or of exit or escape from any house, office, room, or place used as a common gaming-house. (2) Notice of intention to make such application must be served on the owner at least 72 hours before the hearing of the application, and on being so served operates until the determination of the application as a stay of any proceedings under section 78 to evict the occupier. 80—Declaration that house a common gaming-house (1) On the affidavit of a police officer of or above the rank of Inspector showing reasonable grounds for suspecting that any house, office, room, or other place is used in contravention of this Act, a judge of the Supreme Court may declare such house, office, room, or place to be a common gaming-house. (2) Every such declaration remains in force until rescinded. 81—Rescission of declaration (1) A declaration made under section 80 may be rescinded by a judge of the Supreme Court, subject to terms as the judge thinks fit, on application made— (a) by the owner, tenant, or occupier of the house, office, room, or place the subject of the declaration, on proof that he or she has not at any time allowed the house, office, room, or place to be used in contravention of this Act; or (b) by a police officer of or above the rank of Inspector, on proof that the house, office, room, or place is not used in contravention of this Act. (2) If an application is made by an owner, tenant or occupier under subsection (1), notice in writing of intention to make the application must be served on a police officer of or above the rank of Inspector at least 2 days before the hearing of the application. (3) When any such declaration has been rescinded by a judge of the Supreme Court on terms, the owner, tenant or occupier of the house, office, room or place, the subject of the declaration, or a police officer of or above the rank of Inspector may apply to a judge of the Supreme Court for a variation of such terms on proof that circumstances existing at the time of fixing such terms have materially altered. On any such application the judge if satisfied that it is just or expedient to do so may modify, revoke, add to, or remit any of such terms. (4) The Commissioner of Police must be given notice of an application by an owner, tenant or occupier under subsection (3) and is entitled to be heard in opposition to the application. 82—Publication of notice of declaration and rescission (1) Notice of any such declaration, and of any rescission of such declaration, must be published in the Gazette. (2) In any proceedings under this Act the production of a copy of the Gazette containing such notice will be evidence that the declaration or rescission was duly made. 83—Notice given of declaration (1) The Commissioner, or a superintendent or an inspector of police, on such declaration being made with respect to any house, office, room, or place— (a) must cause to be published on 2 days in a newspaper circulating in the neighbourhood of the house, office, room, or place, a notice of the making of the declaration; and (b) must cause such notice to be served on the owner and occupier of the house, office, room, or place. The service must be personal, except when it cannot be promptly effected, in which case the notice may be served on the owner, tenant, and occupier by causing a copy of the notice to be affixed at or near to the entrance to the house, office, room, or place. (2) In any proceedings under this Act the production of a copy of a newspaper containing any such notice will be evidence that that notice was duly published in that newspaper on the date appearing on that newspaper. 84—Persons found in house declared a common gaming-house If after publication of a notice under section 83(1) of the making of a declaration with respect to a house, office, room, or place, and during the time that the declaration is in force, any person is found in or on or entering or leaving— (a) that house, office, room, or place; or (b) any land or building used as a means of access to, or of exit or escape from the same, any police officer may, without warrant, arrest that person and take him or her before a court. That person, unless he or she proves that he or she was in, or on, or entering, or leaving for a lawful purpose is guilty of an offence. Maximum penalty: $5 000. 85—Penalty on owner of house used in contravention of Act If after service under section 83(1)(b) on an owner of a notice of the making of a declaration with respect to a house, office, room, or place, and while the declaration is in force, that house, office, room, or place is used in contravention of this Act, the owner is, unless the owner proves that he or she has taken all reasonable steps to evict the occupier from the house, office, room or place, guilty of an offence. Maximum penalty: $5 000. 86—Penalty on occupier If after service under section 83(1)(b) on an occupier of a notice of the making of a declaration with respect to a house, office, room, or place, and while the declaration is in force, that house, office, room, or place is used in contravention of this Act, the occupier is, unless the occupier proves that he or she has taken reasonable steps to prevent such use, guilty of an offence. Maximum penalty: $20 000 or imprisonment for 1 year. 87—Entry by police If a declaration under section 83 is in force with respect to any house, office, room, or place, any police officer may, without warrant— (a) enter the said house, office, room, or place; (b) enter any land or building which the officer has reasonable grounds to suspect is used as a means of access to or of exit or escape from the house, office, room or place; (c) pass through, from, over, and along any other land or building for a purpose set out in paragraph (a) or (b); (d) for a purpose set out in paragraph (a), (b) or (c), break open doors, windows, and partitions, and do such other acts as are necessary; (e) seize any instruments of gaming and any instruments of betting and documents relating to betting, and any money and securities for money in any such house, office, room, or place. 88—Obstructing the police A person must not— (a) obstruct; or (b) aid in obstructing; or (c) solicit any other person to obstruct or aid in obstructing, a police officer in the exercise of any power conferred on the officer by this Act. Maximum penalty: $10 000 or imprisonment for 1 year. 88A—Certain offences Any person who is in or near to any place whether a public place or not for the purpose of giving any warning to any person of the presence or approach of any police officer or for the purpose of preventing the detection of any offence against this Act is guilty of an offence. Maximum penalty: $10 000 or imprisonment for 1 year. 89—Evidence of house being a gaming-house If— (a) any police officer or other person acting in the officer's assistance authorised under this Act to enter any house, room, office or place is wilfully prevented from or is obstructed or delayed in entering the same or any part of the house, room, office or place; or (b) any external or internal door of or means of access to any such house, office, room, or place so authorised to be entered is found to be fitted or provided with any bolt, bar, chain, or any means or contrivance for the purpose of preventing, delaying, or obstructing the entry into the same or any part of the house, room, office or place of any police officer authorised under this Act, or any person acting in the officer's assistance, or for the purpose of giving an alarm in case of such entry; or (c) any such house, office, room, or place is found fitted or provided with any means or contrivance for unlawful gaming, or with any means or contrivance for concealing, removing, or destroying any instruments of gaming, it is evidence, unless the contrary is proven, that such house, office, room, or place, is used as a common gaming-house,