Part 2 Unlawful gambling activities
Division 1 Unlawful betting and bookmaking
8 Offences relating to unlawful betting
(1) For the purposes of this section, the following forms of betting are prohibited:(a) betting on any event or contingency if the person is not present at a licensed racecourse and the bet is made with a bookmaker,(b) betting on any event or contingency (other than a horse race, harness race, greyhound race or declared betting event) when the person is present at a licensed racecourse,(c) betting on any event or contingency when the person is present at a racecourse and a trial meeting (within the meaning of the Racing Administration Act 1998) is being held at that racecourse,(d) betting on any event or contingency when the person is present at a racecourse and a race meeting is being held at that racecourse in contravention of the Racing Administration Act 1998.(2) A person who engages in betting that is prohibited by subsection (1) is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).
(3) A person must not make a bet on any horse race, harness race or greyhound race that is to be held anywhere in Australia if:(a) the bet is made by telephone or electronically by means of the Internet, subscription TV or other on-line communications system, and(b) the bet is made with another person whom the person making the bet knows (or would be reasonably expected to know):(i) is not a legal bookmaker, or(ii) is not a person who is authorised under the law of any State or Territory to conduct totalizator betting.Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).
(4) For the purposes of subsection (3):legal bookmaker means:
(a) a licensed bookmaker, or(b) a person who is authorised under the law of any other State or Territory to carry on bookmaking activities.(4A) Subsection (3) extends to a bet that is made by a person while in the State even though the other person with whom the bet is made is outside the State (including outside Australia).(5) To remove any doubt, subsection (3) does not operate to impose any criminal liability on any person other than the person making the bet as referred to in that subsection.(6) The following forms of betting are not prohibited by or under this section (except subsection (3)):(a) betting on a horse race, harness race or greyhound race if the betting takes place at a race meeting that is held at a licensed racecourse on any day approved by the controlling body responsible for the type of racing concerned,(b) betting on a horse race, harness race, greyhound race or declared betting event if the betting takes place in an authorised betting auditorium,(c) betting on a declared betting event if the betting is carried on by an authorised betting event bookmaker at a licensed racecourse in accordance with a betting authority,(d) betting on any event or contingency if the betting is made with or accepted by a licensed bookmaker in accordance with an authority under section 16 of the Racing Administration Act 1998,(d1) betting on any event or contingency if the betting is made by telephone or electronically with a person who is authorised under the law of any other State or Territory, or any other jurisdiction, to carry on bookmaking activities,(e) betting on a horse race, harness race, greyhound race or declared betting event if the betting is made with a totalizator conducted by a licensee under the Totalizator Act 1997 or is otherwise authorised under that Act,(f) betting on a horse race, harness race, greyhound race or declared betting event if the betting takes place at a licensed racecourse:(i) during so much of the day arranged for a race meeting at the racecourse as remains after the conclusion, postponement or abandonment of the race meeting, or(ii) at any time on a day arranged for a race meeting (after the time arranged for the start of the meeting) if the race meeting was cancelled or postponed the day before.(7) In this section, authorised betting auditorium, authorised betting event bookmaker, betting authority, controlling body and declared betting event have the same meanings as in the Racing Administration Act 1998.
9 Offence of unlawful bookmaking
(1) A person must not carry on bookmaking unless the person is a licensed bookmaker.Maximum penalty:
• for a first offence—100 penalty units or imprisonment for 2 years (or both),• for a second or subsequent offence—500 penalty units or imprisonment for 2 years (or both).(2) A person who is a licensed bookmaker must not carry on bookmaking except:(a) at a licensed racecourse when it is lawful for betting to take place at the racecourse, or(b) as permitted under section 16 (Authority to conduct telephone or electronic betting) of the Racing Administration Act 1998.Maximum penalty:
(a) for a first offence, 200 penalty units (in the case of an offence committed by a corporation) or 100 penalty units or imprisonment for 2 years or both (in the case of an offence committed by an individual), or(b) for a second or subsequent offence, 1,000 penalty units (in the case of an offence committed by a corporation) or 500 penalty units or imprisonment for 2 years or both (in the case of an offence committed by an individual).(3) Subsection (2) does not apply in relation to any doubles betting, or call of the card betting, carried on by a licensed bookmaker in accordance with the approval of the Minister.(4) The Minister’s approval under subsection (3) is subject to such conditions as the Minister thinks fit to impose.(5) For the purposes of this section:call of the card betting means betting that is carried on in relation to a racing event on a day before the event takes place.
doubles betting means betting that is carried on in relation to 2 separate racing events and in respect of which a successful bet requires the selection of the winners of both events.
10 Betting in New South Wales with bookmakers acting illegally
A person must not make a bet with another person if the person knows, or would reasonably be expected to know, that the other person is carrying on bookmaking in contravention of this Act.Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).
11 Offence of having financial interest in unlawful bookmaking business
(1) A person who has a financial interest in a bookmaking business, knowing that the business is being conducted in contravention of this Act, is guilty of an offence.Maximum penalty:
• for a first offence—100 penalty units or imprisonment for 2 years (or both),• for a second or subsequent offence—500 penalty units or imprisonment for 2 years (or both).(2) A person is not guilty of an offence under this section if the person proves that he or she:(a) at the time of acquiring the financial interest in the bookmaking business, did not know, and had no reasonable cause to suspect, that the business was being or would be conducted in contravention of this Act, and(b) as soon as practicable after becoming aware that the bookmaking business was being conducted in contravention of this Act, took all reasonable steps to divest himself or herself of the financial interest.(3) In this section:financial interest in a bookmaking business means an entitlement to receive any of the income from the business.
11A Offence of providing remote access betting facilities
(1) A person must not make a remote access betting facility available in a public place for use by persons frequenting that place.Maximum penalty:
(a) for a first offence, 200 penalty units (in the case of an offence committed by a corporation) or 100 penalty units or imprisonment for 2 years or both (in the case of an offence committed by an individual), or(b) for a second or subsequent offence, 1,000 penalty units (in the case of an offence committed by a corporation) or 500 penalty units or imprisonment for 2 years or both (in the case of an offence committed by an individual).(2) This section does not apply to a remote access betting facility used for betting or facilitating betting on a totalizator or betting activity conducted under the authority of a licence or approval under the Totalizator Act 1997.(3) In this section:public place means a place that the public, or a section of the public, is entitled to use or that is open to, or is being used by, the public or a section of the public (whether on payment of money, by virtue of membership of a club or other body, or otherwise) and, without limitation, includes the premises of a registered club under the Registered Clubs Act 1976 and licensed premises under the Liquor Act 2007.
remote access betting facility means any device (such as a computer terminal or telephone) that is for use primarily or exclusively for betting on any event or contingency or for facilitating betting on any event or contingency.
(1) A person must not:(a) organise or conduct, or assist in organising or conducting, an unlawful game, or(b) receive a percentage or share from any amount wagered on an unlawful game.Maximum penalty:
• for a first offence—50 penalty units or imprisonment for 12 months (or both),• for a second or subsequent offence—100 penalty units or imprisonment for 2 years (or both).(2) A person who acts as a look-out, door attendant or guard in respect of any premises at which an unlawful game is organised or conducted is taken to have assisted in organising or conducting the game unless the person proves that he or she did not know, or could not reasonably be expected to have known, that the unlawful game was being organised or conducted.
13 Selling ticket in unlawful game
(1) A person must not sell, or give away, a ticket or chance, or share in a ticket or chance, in an unlawful game.Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).
(2) In this section:chance means any thing that provides an opportunity to participate in an unlawful game.
14 Participating in unlawful game
A person must not participate in, or bet on, an unlawful game.Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).
15 Possession and use of prohibited gaming device
(1) A person must not:(a) possess a prohibited gaming device, or(b) permit the use or operation of a prohibited gaming device.Maximum penalty:
• in the case of a corporation—500 penalty units,• in any other case—50 penalty units or imprisonment for 12 months (or both) for a first offence, and 500 penalty units or imprisonment for 2 years (or both) for a second or subsequent offence.(2) In determining the amount of any penalty for an offence under this section, the court is to take into account the number of prohibited gaming devices involved in the commission of the offence.
Division 3 Miscellaneous gambling offences
(1) A person who is of or above the age of 18 years must not:(a) engage in any form of gambling with a minor, or(b) engage in any form of gambling with another person on behalf of a minor, or(c) for fee or reward, send (or cause to be sent) to a minor any inducement to gamble.Maximum penalty: 50 penalty units.
(2) A person who engages in any form of gambling with a minor, or with another person on behalf of a minor, is taken to have known that the minor was under the age of 18 years unless the person proves that the person had reasonable grounds for believing the minor to be of or above the age of 18 years.(3) If an inducement to gamble refers to a person to whom any payment may be made, or from whom information may be obtained, in relation to any gambling activities, the person so referred to is taken to have sent the inducement (or caused it to be sent) unless the person proves that the person:(a) had not consented to being referred to, and(b) was not in any way a party to, and was wholly ignorant of, the sending of the inducement.(4) If an inducement to gamble is sent to a person at any school or other place of education, and that person (the receiver) is a minor:(a) the person sending or causing the inducement to be sent (the sender) is taken to have known that the receiver is a minor, unless the sender proves that the sender had reasonable grounds for believing the receiver to be of or above the age of 18 years, and(b) the sender is taken to have sent the inducement for fee or reward unless the contrary can be proved.(5) In this section:inducement to gamble means any advertisement, message or document that invites, or may reasonably be implied to invite, the person receiving it:
(a) to engage in any form of gambling, or(b) to apply to any person, or at any place, with a view to obtaining information or advice for the purpose of any bet or for information as to any event or contingency on which betting is generally carried on.send includes send by electronic means.
(1) A minor must not participate in any form of gambling.Maximum penalty: 20 penalty units.
(2) A minor may not be imprisoned, or detained in a detention centre, as a consequence of a failure to pay a penalty that is imposed in respect of an offence under this section.
(1) A person who is engaged in any form of gambling (other than a form of gambling that is prohibited by or under this Act) must not:(a) by a fraudulent trick, device, sleight of hand or representation, or(b) by a fraudulent scheme or practice, or(c) by the fraudulent use of gaming equipment or any other thing, or(d) by the fraudulent use of an instrument or article of a type normally used in connection with gambling (or appearing to be of a type normally used in connection with gambling),obtain, or attempt to obtain, any money or advantage for himself or herself or any other person.Maximum penalty: 100 penalty units or imprisonment for 2 years (or both).
(2) This section does not limit the operation of any offence relating to cheating under any other Act.
19 Possession of unlawful gambling aids and documents connected with unlawful gambling
(1) A person who is in possession of an article or money that may reasonably be suspected of being an unlawful gambling aid is guilty of an offence.Maximum penalty:
• for a first offence—50 penalty units or imprisonment for 12 months (or both),• for a second or subsequent offence—500 penalty units or imprisonment for 2 years (or both).(2) A person is not guilty of an offence under subsection (1) if the person proves that he or she did not know, or could not reasonably be expected to know, that the article or money concerned was an unlawful gambling aid.(3) A person who is in possession of any documents or other records, including any computer records, devices or programs, that are kept or used in connection with, or that relate to, any form of gambling prohibited by or under this Act is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).