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Conducting an Unlawful Gambling Operation

Conducting an unlawful gambling operation is an offence under section 93V of the Crimes Act 1900, which carries a maximum penalty of 7 years in prison.

To establish the offence, the prosecution must prove beyond reasonable doubt that:

  1. You conducted a gambling operation, and
  2. The gambling operation was unlawful

The gambling operation was unlawful if:

  1. A substantial loss of potential revenue to the State would have been derived from lawful forms of the gambling, and either
  2. You kept at least two premises used for prohibited gambling, or you engaged in substantial planning and organisation relating to the gambling as evidenced by the number of gamblers and amount of money involved, or you used sophisticated methods and technology to avoid detection.

‘Conducted a gambling operation’ includes having organised or managed it.

Evidence of persons being in regular attendance at the premises is relevant to determining whether the gambling operation was unlawful.

Duress is a defence to the charge.

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