Section 16 Unlawful Gambling Act 1998 | Gambling with Minors


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The Legislation

Section 16 of the Unlawful Gambling Act 1998 (NSW) is concerned with Gambling with Minors and is set out below.

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16 Gambling with minors

(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.