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UNLAWFUL GAMBLING ACT 1998 - SECT 8
Offences relating to unlawful betting
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
Betting and Racing 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
Betting and Racing 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 racing 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 takes place at a licensed racecourse and
the betting is carried on by a licensed bookmaker in accordance with a
declared betting event authority held by the bookmaker,
(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
Betting and Racing 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" ,
"declared betting event" ,
"declared betting event authority" and
"racing controlling body" have the same meanings as they have in the
Betting and Racing Act 1998 .
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