New South Wales Consolidated Acts

CASINO CONTROL ACT 1992 - SECT 87

87 Cheating

(1) A person must not, in a casino--

(a) obtain or attempt to obtain any benefit for himself or herself or another person, or

(b) induce or attempt to induce a person to deliver, give or credit any benefit to him or her or another person, or

(c) cause, or attempt to cause, a detriment, whether financial or otherwise, to another person,

by the dishonest use of--

(d) any trick, device, sleight of hand or representation, or

(e) any scheme or practice, or

(f) any object or gaming equipment, or

(g) an instrument or article of a type normally used in connection with gaming, or appearing to be of a type normally used in connection with gaming.

: Maximum penalty--100 penalty units or imprisonment for 2 years, or both.

(1A) A person who obtains a benefit from--

(a) playing a game in a casino in contravention of the game rules, or

(b) an error or oversight in the conduct of the game,

although the benefit was not originally obtained with any dishonest intent, must not dishonestly retain the benefit.

: Maximum penalty--20 penalty units.

(2) A person must not, in a casino, use any device for the purpose of enabling the person or some other person to count or otherwise record cards dealt in the course of gaming in the casino unless the casino operator approves of its use.

: Maximum penalty--50 penalty units or imprisonment for 12 months, or both.

(3) A person must not, in a casino or on premises of which a casino forms part, use or have in his or her possession--

(a) chips that he or she knows are bogus, counterfeit or stolen (within the meaning of sections 188, 189 and 189A of the Crimes Act 1900 ), or

(b) cards, dice or coins that he or she knows have been marked, loaded or tampered with, or

(c) for the purpose of cheating or stealing--any equipment, device or thing that permits or facilitates cheating or stealing.

: Maximum penalty--50 penalty units or imprisonment for 12 months, or both.

(4) Subsection (3) does not prohibit the possession in a casino of any thing referred to in subsection (3) (a) or (b) by a person in charge of the casino, an agent of the casino operator, a casino employee, an inspector or a police officer, if that thing has been seized by any of those persons from another person for use as evidence in proceedings for an offence.

(5) If, on a prosecution of a person for an offence under subsection (1), the court is not satisfied that the person is guilty of an offence under subsection (1) but the court is satisfied that the person is guilty of an offence under subsection (1A), the court may convict the person of the latter offence.

(6) In this section--

"benefit" includes any money, chips, prize, advantage, valuable consideration or security.