South Australian Current Acts South Australian Current Acts144K—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.