Section 93V Crimes Act | Unlawful Gambling Operation


The Legislation

Section 93V of the Crimes Act is the offence of Unlawful Gambling Operation and is extracted below.

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93V Offence of conducting unlawful gambling operation

(1) A person who conducts an unlawful gambling operation is guilty of an offence. Maximum penalty: 1,000 penalty units or imprisonment for 7 years (or both).

(2) For the purposes of subsection (1), “an unlawful gambling operation” means an operation involving at least 2 of the following elements (one of which must be paragraph (d)):
(a) the keeping of at least 2 premises (whether or not either or both are gambling premises) that are used for the purposes of any form of gambling that is prohibited by or under the Unlawful Gambling Act 1998,
(b) substantial planning and organisation in relation to matters connected with any such form of prohibited gambling (as evidenced by matters such as the number of persons, and the amount of money and gambling turnover, involved in the operation),
(c) the use of sophisticated methods and technology (for example, telephone diverters, telecommunication devices, surveillance cameras and encrypted software programs) in connection with any such form of prohibited gambling or in avoiding detection of that gambling,
(d) a substantial loss of potential revenue to the State that would be derived from lawful forms of gambling.

(3) In any proceedings for an offence under this section, evidence that persons have been in regular attendance at premises suspected of being used for the purposes of any form of gambling that is prohibited by or under the Unlawful Gambling Act 1998 is relevant to the matters referred to in subsection (2) (a) or (b).

(4) In this section:”conduct” includes organise or manage.”gambling premises” has the same meaning as in the Unlawful Gambling Act 1998.