After section 146
insert
(1) A person commits an offence if:
(a) the person makes or gives an application, return, record or other document under this Act; and
(b) the document contains misleading information.
Maximum penalty: 100 penalty units or imprisonment for 12 months.
(2) Subsection (1) does not apply if the person, when giving the document:
(a) draws the misleading aspect of the document to the attention of the person to whom it is made or given; and
(b) to the extent to which the person can reasonably do so – gives the person the information necessary to remedy the misleading aspect of the document.
(3) If a bookmaker or betting exchange operator is found guilty of an offence against subsection (1), the court must order the bookmaker or operator to deliver the bookmaker's or operator's licence to the Commission for cancellation.
(4) In this section:
"misleading information" means information that is misleading in a material particular or because of the omission of a material particular.
(1) Subsection (2) applies if a written complaint is made to a court that a person, by excessive betting, has impoverished or is likely to impoverish himself or herself to such a degree as to expose to want, or endanger the welfare of, the person or the person's family.
(2) The court may issue a summons calling on the person to appear at a time and place specified in the summons, and to show cause why an order should not be made forbidding the person to bet with a bookmaker or betting exchange operator.
(3) The court hearing the complaint may do any of the following:
(a) investigate the matters contained in the complaint, and hear the evidence adduced in support of it, and also any evidence of the person complained against and of any witnesses called on his behalf;
(b) summon a bookmaker or betting exchange operator to give evidence of the matters complained of;
(c) adjourn the investigation from time to time;
(d) if satisfied about the facts alleged in the complaint, make an order forbidding the person, for a period not exceeding 2 months from the date of the order, to:
(i) bet with a bookmaker or betting exchange operator; or
(ii) loiter about or enter a racing venue or licensed premises.
(4) An order made under subsection (3) may be revoked by the court.
(5) All proceedings under this section must be conducted in private and not be open to the public.
(6) A person must not contravene an order made under subsection (3).
Maximum penalty: 17 penalty units.
(7) A bookmaker or betting exchange operator (the licensee ) commits an offence if:
(a) the licensee accepts a bet from a person or allows a person to make or receive a bet through the licensee; and
(b) the person is the subject of an order made under subsection (3) that is in force and the licensee has received notice of the order.
Maximum penalty: 17 penalty units.