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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Criminal Law Consolidation (Cheating at Gambling)
Amendment Bill 2012
A BILL FOR
An Act to amend the Criminal
Law Consolidation Act 1935.
Contents
Part 1—Preliminary
1Short
title
2Commencement
3Amendment
provisions
Part 2—Amendment of Criminal Law
Consolidation Act 1935
4Insertion of Part 5B
Part 5B—Cheating at
gambling
144GInterpretation
144HEngaging in conduct that
corrupts betting outcome of event
144IFacilitating conduct that
corrupts betting outcome of event
144JConcealing conduct or
agreement
144KUse of
corrupt conduct information or inside information for betting
purposes
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Criminal Law Consolidation (Cheating at
Gambling) Amendment Act 2012.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Criminal Law Consolidation
Act 1935
After Part 5A insert:
Part 5B—Cheating at gambling
144G—Interpretation
(1) In this Part—
agreement includes an arrangement;
bet includes—
(a) place, accept or withdraw a bet;
(b) cause a bet to be placed, accepted or withdrawn;
conduct means an act or omission to perform an act;
encourage includes command, request, propose, advise, incite,
induce, persuade, authorise, urge, pressure or threaten;
engage in conduct means—
(a) do an act; or
(b) omit to do an act;
event means an event (whether it takes place in this State or
elsewhere) on which it is lawful to bet under a law of this State, another
State, a Territory, or the Commonwealth;
event contingency means a contingency connected to an event,
being a contingency on which it is lawful to bet under a law of this State,
another State, a Territory, or the Commonwealth.
(2) In this Part, a reference to betting on an event includes a reference
to betting on an event contingency.
(3) For the purposes of this Part, conduct will be taken to be conduct
that corrupts a betting outcome if the conduct—
(a) affects or, if engaged in, would or would be likely to affect the
outcome of any type of betting on the event; and
(b) is contrary to the standards of integrity that a reasonable person
would expect of persons in a position to affect the outcome of any type of
betting on an event.
(4) For the purposes of this Part, an agreement in respect of conduct that
corrupts a betting outcome of an event is an agreement between 2 or more
persons under which 1 or more persons agree to engage in conduct that
corrupts a betting outcome of an event.
(5) For the purposes of this Part, obtaining a financial advantage
includes—
(a) obtaining a financial advantage for oneself or for another person;
(b) inducing a third person to do something that results in obtaining a
financial advantage for oneself or for another person;
(c) retaining a financial advantage that one has,
whether the financial advantage is permanent or temporary.
(6) For the purposes of this Part, causing a financial disadvantage
includes—
(a) causing a financial disadvantage to another person;
(b) inducing a third person to do something that results in another person
suffering a financial disadvantage,
whether the financial disadvantage is permanent or temporary.
(7) In proceedings for an offence against this Part, the defendant will be
taken to have intended to obtain a financial advantage, or cause a financial
disadvantage, if, and only if, it is proved that the defendant—
(a) intended to obtain a financial advantage or to cause a financial
disadvantage in connection with betting on an event; or
(b) was aware that another person intended to obtain a financial advantage
or to cause a financial disadvantage, in connection with betting on an event, as
a result of the conduct the subject of the charge.
(8) In proceedings under this Part, it is not necessary to prove that a
financial advantage was actually obtained or a financial disadvantage was
actually caused.
(9) In this section, the conduct the subject of the charge
means—
(a) in the case of an offence against
section 144H—the
conduct that the defendant engaged in; or
(b) in the case of an offence against
section 144I(1)—the
conduct the defendant offered to engage in; or
(c) in the case of an offence against
section 144I(2)—the
conduct the defendant encouraged another person to engage in; or
(d) in the case of an offence against
section 144I(3)—the
conduct the subject of the agreement; or
(e) in the case of an offence against
section 144J—the
conduct, or the conduct the subject of the agreement, that the defendant
encouraged another person to conceal.
144H—Engaging in conduct that corrupts betting
outcome of event
A person who engages in conduct that corrupts a betting outcome of an
event—
(a) knowing that, or being reckless as to whether, the conduct corrupts a
betting outcome of the event; and
(b) intending to obtain a financial advantage, or cause a financial
disadvantage, in connection with any betting on the event,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
144I—Facilitating conduct that corrupts betting
outcome of event
(1) A person who
offers to engage in conduct that corrupts a betting outcome of an
event—
(a) knowing that, or being reckless as to whether, the conduct corrupts a
betting outcome of the event; and
(b) intending to obtain a financial advantage, or cause a financial
disadvantage, in connection with any betting on the event,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) A person who
encourages another person to engage in conduct that corrupts a betting outcome
of an event—
(a) knowing that, or being reckless as to whether, the conduct corrupts a
betting outcome of the event; and
(b) intending to obtain a financial advantage, or cause a financial
disadvantage, in connection with any betting on the event,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) A person who
enters into an agreement in respect of conduct that corrupts a betting outcome
of an event—
(a) knowing that, or being reckless as to whether, the conduct the subject
of the agreement corrupts a betting outcome of the event; and
(b) intending to obtain a financial advantage, or cause a financial
disadvantage, in connection with any betting on the event,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
144J—Concealing conduct or
agreement
(1) A person who encourages another person to conceal from a relevant
authority conduct that corrupts a betting outcome of an event—
(a) knowing that, or being reckless as to whether, the conduct corrupts a
betting outcome of the event; and
(b) intending to obtain a financial advantage, or cause a financial
disadvantage, in connection with any betting on the event,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(2) A person who encourages another person to conceal from a relevant
authority an agreement in respect of conduct that corrupts a betting outcome of
an event—
(a) knowing that, or being reckless as to whether, that conduct corrupts a
betting outcome of the event; and
(b) intending to obtain a financial advantage, or causing a financial
disadvantage, in connection with any betting on the event,
is guilty of an offence.
Maximum penalty: Imprisonment for 10 years.
(3) In this section relevant authority
means—
(a) a police officer or law enforcement authority; or
(b) a body that has the official function of controlling, regulating or
supervising an event or betting on an event; or
(c) any other authority of a kind prescribed by regulation.
144K—Use of corrupt conduct information or inside
information for betting purposes
(1) A person who
possesses information in connection with an event that is corrupt conduct
information, and who knows or is reckless as to whether the information is
corrupt conduct information, is guilty of an offence if the
person—
(a) bets on the event; or
(b) encourages
another person to bet on the event in a particular way; or
(c) communicates
the information to another person who the first person knows or ought reasonably
to know would or would be likely to bet on the event,
and the corrupt conduct information is relevant to the bet.
Maximum penalty: Imprisonment for 10 years.
(2) A person who
possesses information in connection with an event that is inside information,
and who knows or is reckless as to whether the information is inside
information, is guilty of an offence if the person—
(a) bets on the event; or
(b) encourages
another person to bet on the event in a particular way; or
(c) communicates
the information to another person who the first person knows or ought reasonably
to know would or would be likely to bet on the event,
and the inside information is relevant to the bet.
Maximum penalty: Imprisonment for 2 years.
(3) For the purposes of this section—
(a) information in connection with an event is corrupt conduct
information if the information is about conduct, or proposed conduct,
that corrupts a betting outcome of the event; and
(b) information in connection with an event will be taken to be
inside information if the information—
(i) is not generally available; and
(ii) if it were generally available, would, or would be likely to,
influence persons who commonly bet on the event in deciding whether or not to
bet on the event or make any other betting decision; and
(c) information will be taken to be generally available
if—
(i) it consists of
matter that is readily observable by the public; or
(ii) it has been
made known in a manner that would, or would be likely to, bring it to the
attention of the public; or
(iii) it consists of deductions, conclusions or inferences made or drawn
from information referred to in
subparagraph (i)
or
(ii).
(4) In proceedings for an offence against
subsection (1)(b)
or
(c) or
subsection (2)(b)
or
(c), it is not
necessary to prove that the person encouraged to bet, or to whom the information
was communicated, actually bet on the event concerned.
(5) A reference in this section to communicating information includes a
reference to causing information to be communicated.
(6) If, on the trial of a person for an offence under
subsection (1),
the jury is not satisfied that the defendant is guilty of the offence charged,
but is satisfied that the defendant is guilty of an offence under
subsection (2),
it may find the defendant not guilty of the offence charged but guilty of an
offence under
subsection (2),
and the defendant is liable to punishment accordingly.