Victorian Current Acts

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GAMBLING REGULATION ACT 2003 - SECT 4.7.2

Offences relating to totalisators and approved betting competitions

S. 4.7.2(1) amended by Nos 40/2008 s. 14(3)(a), 28/2022 s. 95(a), x/2023 s. 69.

    (1)     A person (not being a person lawfully conducting or employed in the wagering business conducted by a wagering and betting licensee, a wagering and betting operator or a permit holder) must not—

        (a)     sell or offer for sale any ticket in a totalisator or approved betting competition; or

        (b)     make or offer to make any contract or bargain to pay or receive a sum of money calculated at a rate determined or to be determined by the result of the operation of a totalisator on any event; or

        (c)     receive from any other person any money for the purpose of placing, investing or depositing it or any part of it in any totalisator for fee, commission, reward, share or interest of any kind whatever or upon any understanding or agreement whether expressed or implied for such fee, commission, reward, share or interest.

Penalty:     60 penalty units and an amount not exceeding the amount received by the person for investment in the totalisator or approved betting competition.

S. 4.7.2(2) amended by No. 73/2008 s. 24(1).

    (2)     Subsection (1)(b) does not apply to a bookmaker or a bookmaker's key employee who—

S. 4.7.2(2)(a) amended by No. 73/2008 s. 24(2).

        (a)     is registered under Part 5A of this Chapter; and

        (b)     is carrying on his or her business or is engaged in his or her employment (as the case may be) at a race meeting authorised under that Act; and

        (c)     complies with any conditions imposed by the Minister after consultation with Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria (as the case may be) and the Victorian Bookmakers' Association.

    (3)     A person must not purchase a ticket in a totalisator or approved betting competition from a person not authorised to sell it.

Penalty:     10 penalty units.

S. 4.7.2(4) amended by Nos 40/2008 s. 14(3)(b)(i)(ii), 28/2022 s. 95(b)(i), x/2023 s. 69.

    (4)     A person having the management or control of or employed by or acting in any capacity for a wagering and betting licensee, a wagering and betting operator or a permit holder in the wagering or approved betting competition business conducted by the wagering and betting licensee, wagering and betting operator or permit holder must not—

        (a)     accept from any person any bet which is prohibited by or does not conform to this Act or the regulations or the betting rules; or

        (b)     receive or permit to be received any bet in a totalisator in respect of an event after the start of the event; or

        (c)     receive or permit to be received any bet in an approved betting competition after the start of the competition or such later times as is specified in the betting rules applicable to that competition; or

S. 4.7.2(4)(d) amended by Nos 40/2008 s. 14(3)(b)(iii), 28/2022 s. 95(b)(ii).

        (d)     accept or act on any request, instructions or directions relating to any bet on a totalisator transmitted by letter, telephone, fax, e-mail or any other means of communication unless the person wanting to make the bet has established a betting account with the wagering and betting licensee or the wagering and betting operator in accordance with the betting rules and the balance of the account is sufficient to pay the amount of the bet and the bet is charged against that account.

Penalty:     60 penalty units.

S. 4.7.2(5) amended by No. 104/2004 s. 39(5)(n).

    (5)     A person must not employ, or cause to be employed, another person to service, maintain or repair an instrument, contrivance, hardware, software or equipment referred to in section 4.2.3(1) unless the second-mentioned person holds a gaming industry employee's licence.

Penalty:     250 penalty units.

S. 4.7.3 substituted by No. 40/2008 s. 15.



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