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


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Section 38 of the Unlawful Gambling Act 1998 (NSW) is concerned with Removal of Persons Engaged in 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.

The Legislation

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).

Why Sydney Criminal Lawyers®?

Choosing the right legal team to defend your reputation and interests can be a difficult process.

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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.

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Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.

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