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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Crimes Amendment (Cheating at
Gambling) Bill 2012
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Crimes Act 1900 No 40 3
Schedule 2 Amendment of Criminal Procedure Act 1986 No 209 9
b2011-025-40.d14a
New South Wales
Crimes Amendment (Cheating at
Gambling) Bill 2012
No , 2012
A Bill for
An Act to amend the Crimes Act 1900 to prohibit certain conduct that can corrupt the
betting outcomes of events on which it is lawful to place bets; and for related
purposes.
Clause 1 Crimes Amendment (Cheating at Gambling) Bill 2012
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Crimes Amendment (Cheating at Gambling) Act 2012. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Crimes Amendment (Cheating at Gambling) Bill 2012
Amendment of Crimes Act 1900 No 40 Schedule 1
Schedule 1 Amendment of Crimes Act 1900 No 40 1
[1] Part 4ACA 2
Insert after Part 4AC: 3
Part 4ACA Cheating at gambling 4
Division 1 Preliminary 5
193H Corrupting betting outcome of event 6
(1) For the purposes of this Part, conduct corrupts a betting outcome 7
of an event if the conduct: 8
(a) affects or, if engaged in, would be likely to affect the 9
outcome of any type of betting on the event, and 10
(b) is contrary to the standards of integrity that a reasonable 11
person would expect of persons in a position to affect the 12
outcome of any type of betting on the event. 13
(2) For the purposes of this Part, an agreement about conduct that 14
corrupts a betting outcome of an event is an agreement 15
between 2 or more persons under which one or more of those 16
persons agree to engage in conduct that corrupts a betting 17
outcome of an event. 18
(3) In this Part: 19
agreement includes an arrangement. 20
conduct means an act or an omission to perform an act. 21
engage in conduct means: 22
(a) do an act, or 23
(b) omit to perform an act. 24
193I Betting 25
(1) In this Part, bet includes the following: 26
(a) place, accept or withdraw a bet, 27
(b) cause a bet to be placed, accepted or withdrawn. 28
(2) A reference in this Part to betting on an event includes a reference 29
to betting on any event contingency. 30
Page 3
Crimes Amendment (Cheating at Gambling) Bill 2012
Schedule 1 Amendment of Crimes Act 1900 No 40
193J Events and event contingencies 1
(1) In this Part, an event means any event (whether it takes place in 2
this State or elsewhere) on which it is lawful to bet under a law of 3
this State, another State, a Territory or the Commonwealth. 4
(2) In this Part, an event contingency means any contingency in any 5
way connected with an event, being a contingency on which it is 6
lawful to bet under a law of this State, another State, a Territory 7
or the Commonwealth. 8
193K Obtaining financial advantage or causing financial disadvantage 9
(1) In this Part, obtain a financial advantage includes: 10
(a) obtain a financial advantage for oneself or for another 11
person, and 12
(b) induce a third person to do something that results in 13
oneself or another person obtaining a financial advantage, 14
and 15
(c) keep a financial advantage that one has, 16
whether the financial advantage is permanent or temporary. 17
(2) In this Part, cause a financial disadvantage means: 18
(a) cause a financial disadvantage to another person, or 19
(b) induce a third person to do something that results in 20
another person suffering a financial disadvantage, 21
whether the financial disadvantage is permanent or temporary. 22
193L Proof of intention to obtain financial advantage or cause financial 23
disadvantage 24
(1) If an offence under this Part requires a person (the accused) to 25
intend to obtain a financial advantage, or to cause a financial 26
disadvantage, in connection with betting on an event, that 27
element of the offence is established if, and only if, it is proved 28
that: 29
(a) the accused meant to obtain a financial advantage, or cause 30
a financial disadvantage, in connection with betting on the 31
event, or 32
(b) the accused was aware that another person meant to obtain 33
a financial advantage, or cause a financial disadvantage, in 34
connection with betting on the event, as a result of the 35
conduct the subject of the charge. 36
Page 4
Crimes Amendment (Cheating at Gambling) Bill 2012
Amendment of Crimes Act 1900 No 40 Schedule 1
(2) It is not necessary to prove that any financial advantage was 1
actually obtained or any financial disadvantage was actually 2
caused. 3
(3) In this section, the conduct the subject of the charge means: 4
(a) in the case of an offence against section 193N--the 5
conduct that the accused engaged in, or 6
(b) in the case of an offence against section 193O--the 7
conduct that the accused facilitated, or 8
(c) in the case of an offence against section 193P--the 9
conduct, or the conduct the subject of the agreement, that 10
the accused encouraged another person to conceal. 11
193M Encourage 12
In this Part, encourage another person to engage in conduct 13
includes command, request, propose, advise, incite, induce, 14
persuade, authorise, urge, threaten or place pressure on the 15
person to engage in conduct. 16
Division 2 Offences 17
193N Engage in conduct that corrupts betting outcome of event 18
A person who engages in conduct that corrupts a betting outcome 19
of an event: 20
(a) knowing or being reckless as to whether the conduct 21
corrupts a betting outcome of the event, and 22
(b) with the intention of obtaining a financial advantage, or 23
causing a financial disadvantage, in connection with any 24
betting on the event, 25
is guilty of an offence. 26
Maximum penalty: Imprisonment for 10 years. 27
193O Facilitate conduct that corrupts betting outcome of event 28
(1) A person who facilitates conduct that corrupts a betting outcome 29
of an event: 30
(a) knowing or being reckless as to whether the conduct 31
facilitated corrupts a betting outcome of the event, and 32
Page 5
Crimes Amendment (Cheating at Gambling) Bill 2012
Schedule 1 Amendment of Crimes Act 1900 No 40
(b) with the intention of obtaining a financial advantage, or 1
causing a financial disadvantage, in connection with any 2
betting on the event, 3
is guilty of an offence. 4
Maximum penalty: Imprisonment for 10 years. 5
(2) A person facilitates conduct that corrupts a betting outcome of an 6
event if the person: 7
(a) offers to engage in conduct that corrupts a betting outcome 8
of an event, or 9
(b) encourages another person to engage in conduct that 10
corrupts a betting outcome of an event, or 11
(c) enters into an agreement about conduct that corrupts a 12
betting outcome of an event. 13
193P Concealing conduct or agreement about conduct that corrupts 14
betting outcome of event 15
(1) A person who encourages another person to conceal from any 16
appropriate authority conduct, or an agreement about conduct, 17
that corrupts a betting outcome of an event: 18
(a) knowing or being reckless as to whether the conduct 19
corrupts a betting outcome of the event, and 20
(b) with the intention of obtaining a financial advantage, or 21
causing a financial disadvantage, in connection with any 22
betting on the event, 23
is guilty of an offence. 24
Maximum penalty: Imprisonment for 10 years. 25
(2) In this section, an appropriate authority includes: 26
(a) a police officer, or 27
(b) a body that has the official function of controlling, 28
regulating or supervising an event, or any betting on an 29
event. 30
193Q Use of corrupt conduct information or inside information for 31
betting purposes 32
(1) A person who possesses information in connection with an event 33
that is corrupt conduct information, and who knows or is reckless 34
as to whether the information is corrupt conduct information, is 35
guilty of an offence if the person: 36
(a) bets on the event, or 37
Page 6
Crimes Amendment (Cheating at Gambling) Bill 2012
Amendment of Crimes Act 1900 No 40 Schedule 1
(b) encourages another person to bet on the event in a 1
particular way, or 2
(c) communicates the information to another person who the 3
first person knows or ought reasonably to know would or 4
would be likely to bet on the event. 5
Maximum penalty: Imprisonment for 10 years. 6
(2) A person who possesses information in connection with an event 7
that is inside information, and who knows or is reckless as to 8
whether the information is inside information, is guilty of an 9
offence if the person: 10
(a) bets on the event, or 11
(b) encourages another person to bet on the event in a 12
particular way, or 13
(c) communicates the information to another person who the 14
first person knows or ought reasonably to know would or 15
would be likely to bet on the event. 16
Maximum penalty: Imprisonment for 2 years. 17
(3) Information in connection with an event is corrupt conduct 18
information if the information is about conduct, or proposed 19
conduct, that corrupts a betting outcome of the event. 20
(4) Information in connection with an event is inside information if 21
the information: 22
(a) is not generally available, and 23
(b) if it were generally available, would, or would be likely to, 24
influence persons who commonly bet on the event in 25
deciding whether or not to bet on the event or making any 26
other betting decision. 27
(5) Information is generally available if: 28
(a) it consists of matter that is readily observable by the 29
public, or 30
(b) it has been made known in a manner that would, or would 31
be likely to, bring it to the attention of the public, or 32
(c) it consists of deductions, conclusions or inferences made 33
or drawn from information referred to in paragraph (a) 34
or (b). 35
(6) In proceedings for an offence against subsection (1) (b) or (c) 36
or (2) (b) or (c) it is not necessary to prove that the person 37
encouraged to bet, or to whom information was communicated, 38
actually bet on the event concerned. 39
Page 7
Crimes Amendment (Cheating at Gambling) Bill 2012
Schedule 1 Amendment of Crimes Act 1900 No 40
(7) If, on the trial of a person for an offence under subsection (1), the 1
trier of fact is not satisfied that the accused is guilty of the offence 2
charged but is satisfied that the accused is guilty of an offence 3
under subsection (2), it may find the accused not guilty of the 4
offence charged but guilty of an offence under subsection (2), and 5
the accused is liable to punishment accordingly. 6
(8) A reference in this section to communicating information 7
includes a reference to causing information to be communicated. 8
[2] Schedule 11 Savings and transitional provisions 9
Insert at the end of the Schedule with appropriate Part and clause numbering: 10
Part Crimes Amendment (Cheating at 11
Gambling) Act 2012 12
Review of amendments 13
(1) The Minister is to review the operation of Part 4ACA (Cheating 14
at gambling) to determine whether the policy objectives of that 15
Part remain valid and whether the terms of the Part remain 16
appropriate for securing those objectives. 17
(2) The review is to be undertaken as soon as possible after the period 18
of 3 years from the commencement of that Part. 19
(3) A report on the outcome of the review is to be tabled in each 20
House of Parliament within 12 months after the end of the period 21
of 3 years. 22
Page 8
Crimes Amendment (Cheating at Gambling) Bill 2012
Amendment of Criminal Procedure Act 1986 No 209 Schedule 2
Schedule 2 Amendment of Criminal Procedure Act 1
1986 No 209 2
Schedule 1 Indictable offences triable summarily 3
Insert after clause 16C in Table 1: 4
16D Cheating at gambling 5
An offence under section 193N, 193O, 193P or 193Q (1) or (2) 6
of the Crimes Act 1900. 7
Page 9
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