Section 8 Unlawful Gambling Act 1998 | Unlawful Betting


Print
The Legislation

Section 8 of the Unlawful Gambling Act 1998 (NSW) is concerned with Unlawful Betting and is set out below.

For accurate advice and outstanding representation from criminal lawyers who are experienced in representing clients in unlawful gambling cases, call Sydney Criminal Lawyers today on (02) 9261 8881.

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.