Section 11A Unlawful Gambling Act 1998 | Promoting Remote Access Betting Facility


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The Legislation

Section 11A of the Unlawful Gambling Act 1998 (NSW) is concerned with Promoting Remote Access Betting Facility and is set out below.

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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.