Section 38 Unlawful Gambling Act 1998 | Removal of Persons Engaged in Unlawful Betting


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The Legislation

Section 38 of the Unlawful Gambling Act 1998 (NSW) is concerned with Removal of Persons Engaged in Unlawful Betting and is set out below.

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38 Removal of persons engaged in unlawful betting

(1) A person:
(a) who engages in any betting that is prohibited by section 8, and
(b) who continues to carry on the activity after being warned to cease carrying on the activity by:
(i) a police officer, or
(ii) an officer or employee of the person or body having control of the racecourse or other premises concerned,
may be immediately removed from the racecourse or other premises by the police officer or by any such officer or employee.
(2) If a person is removed from a racecourse or other premises under subsection (1), the person must not re-enter or attempt to re-enter the racecourse or other premises on the same day the person is removed. Maximum penalty: 50 penalty units or imprisonment for 12 months (or both).