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This is a Bill, not an Act. For current law, see the Acts databases.
UNLAWFUL GAMBLING BILL 2009
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Unlawful
Gambling Bill 2009
Contents
Page
Part 2.1 Gambling
and Racing Control Act 1999 32
Part 2.2 Legislation
Act 2001 33
Part 2.3 Liquor Act
1975 34
Part 2.4 Lotteries
Act 1964 34
Part 2.5 Pool
Betting Act 1964 34
Part 2.6 Race and
Sports Bookmaking Act 2001 35
2009
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Treasurer)
Unlawful Gambling
Bill 2009
A Bill for
An Act relating to unlawful gambling, and for other
purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Unlawful Gambling Act 2009.
This Act commences on a day fixed by the Minister by written
notice.
Note 1 The naming and commencement provisions automatically commence
on the notification day (see Legislation Act, s 75 (1)).
Note 2 A single day or time may be fixed, or different days or times
may be fixed, for the commencement of different provisions (see Legislation Act,
s 77 (1)).
Note 3 If a provision has not commenced within 6 months beginning on
the notification day, it automatically commences on the first day after that
period (see Legislation Act, s 79).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms
used in this Act, and includes references (signpost definitions)
to other terms defined elsewhere in this Act.
For example, the signpost definition ‘charitable
organisation—see the Duties Act 1999, dictionary.’
means that the term ‘charitable organisation’ is defined in that
dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see Legislation Act, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this
Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the
legal status of notes.
5 Offences
against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to all offences against this Act (see Code,
pt 2.1).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
Part
2 Important
concepts
6 Meaning
of unlawful betting
In this Act:
betting includes the placing or accepting of bets.
unlawful betting means betting that is not authorised under
this Act or another gaming law.
7 Meaning
of unlawful game
(1) In this Act:
unlawful game—
(a) means—
(i) a game of chance, or of mixed chance and skill, in which money or any
other valuable thing is offered as a prize or is staked or risked (by a
participant or someone else) on an event or contingency; or
(ii) a game declared by the commission under subsection (2); but
(b) does not include an exempt game.
(2) The commission may declare a game to be an unlawful game.
(3) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
8 Meaning
of unlawful gambling
In this Act:
unlawful gambling means—
(a) the playing or conduct of an unlawful game; or
(b) unlawful betting.
(1) In this Act:
exempt game means any of the following:
(a) a game that is authorised under another territory law;
(b) an exempt private game;
(c) a game conducted in accordance with an approval under part
3;
(d) an exempt two-up game;
(e) a game declared by the commission under subsection (2).
(2) The commission may declare a game to be an exempt game.
(3) A declaration is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
10 Meaning
of exempt private game
(1) In this Act:
exempt private game means a game that is
conducted—
(a) by a person in the person’s home; and
(b) otherwise than for a commercial purpose; and
(c) so that—
(i) the only way a participant in the game can make a profit or gain any
other benefit as a result of the conduct of the game is by winning a bet;
and
(ii) the rules of the game provide the same chance of winning a bet for
all participants; and
(d) in accordance with any conditions prescribed by regulation.
(2) Without limiting when a game is conducted for a commercial purpose, a
game is taken to be conducted for a commercial purpose
if—
(a) a fee is charged to participate in the game or to enter the place
where the game is conducted (other than a fee intended to cover the reasonable
cost of food or beverages provided at the place); or
(b) a charge, commission or fee is deducted from any amount bet or won by
a participant in the game.
(3) In this section:
home, of a person, means the place where the
person usually lives.
Part
3 Approval to conduct
game
11 Application
for approval to conduct game
(1) A charitable organisation may apply in writing to the commission for
approval to conduct a game.
Note 1 If a form is approved under the Control Act, s 53D for
an application, the form must be used.
Note 2 A fee may be determined under s 48 for this
provision.
(2) The commission may, by written notice given to an applicant, require
the applicant to give the commission, within a stated reasonable time,
additional information or documents that the commission reasonably needs to
decide the application.
Examples
1 information about where the game is to be conducted
2 information about when the game is to be conducted
3 information about the amount (if any) that the applicant intends to
retain from the funds raised to cover the cost of conducting the game
4 information to establish that the applicant is a charitable
organisation
Note An example is part of the Act, is not exhaustive and may
extend, but does not limit, the meaning of the provision in which it appears
(see Legislation Act, s 126 and s 132).
12 Decision
on application
(1) On an application for approval under section 11, the commission
must—
(a) approve the conduct of the game; or
(b) refuse to approve the conduct of the game.
(2) The commission must refuse to approve the conduct of the game unless
satisfied that—
(a) the charitable organisation is a suitable organisation to hold an
approval; and
(b) the rules of the game are fair and reasonable; and
(c) the rules and method of conduct of the game can be easily understood
by participants; and
(d) the primary purpose of conducting the game is to raise funds for a
stated entity for a stated charitable purpose; and
(e) the charitable organisation is to be responsible for the promotion and
conduct of—
(i) the game; and
(ii) the event at which it is to be conducted; and
(f) the game is not to be conducted at a place that is a gambling facility
of a licensee; and
(g) the approval would not result in the charitable organisation having
approval to conduct games at 3 or more events in a 12-month period;
and
(h) any other criteria prescribed by regulation are met in relation to the
application.
(3) Subsection (2) does not limit the matters the commission may
consider.
(4) The commission’s approval may be given subject to
conditions.
(5) In this section:
gambling facility—see the Gambling and Racing
Control (Code of Practice) Regulation 2002, dictionary.
licensee—see the Gambling and Racing Control (Code
of Practice) Regulation 2002, section 5, paragraphs (a) to (e).
13 Suitability
of applicant to hold approval
(1) In deciding whether an applicant is a suitable organisation to hold an
approval, the commission may have regard to any relevant matter, including the
following:
(a) the business reputation of the organisation;
(b) the character and business reputation of anyone who—
(i) is a member of the organisation’s management committee; or
(ii) the organisation proposes to engage to assist it to promote or
conduct the game or the event at which it is to be conducted;
(c) the financial background and current financial position of the
organisation;
(d) the financial background and current financial position of anyone
who—
(i) is a member of the organisation’s management committee; or
(ii) the organisation proposes to engage to assist it to promote or
conduct the game or the event at which it is to be conducted;
(e) anything else prescribed by regulation.
(2) An applicant is taken not to be a suitable organisation to hold an
approval if—
(a) the applicant has been refused approval, or had an approval cancelled,
at any time in the 12 months before the application is made; or
(b) the applicant, or an agent or employee of the applicant, has at any
time in the 5 years before the application is made, contravened this Act or a
condition of an approval (whether or not convicted or found guilty of an offence
in relation to the contravention).
(3) However, despite subsection (2), the commission may decide that the
applicant is a suitable organisation to hold an approval if satisfied
that—
(a) the conduct of the game would not be adversely affected if the
commission decided that the applicant was a suitable organisation to hold the
approval; and
(b) it is otherwise in the public interest that the conduct of the game be
approved.
(1) An approval must—
(a) be in writing; and
(b) identify or describe—
(i) the game approved to be conducted under the approval; and
(ii) the event at which it is to be conducted; and
(c) state—
(i) the name and address of the charitable organisation to which the
approval is given; and
(ii) the name of the person within the organisation who is responsible for
the event; and
(iii) the name and address of the entity (if any) the organisation
proposes to engage to assist it to conduct the game or the event at which it is
to be conducted; and
(iv) the period for which the approval is given; and
(v) any conditions under section 12 or section 18 to which the approval is
subject; and
(vi) an identifying number given by the commission for the
approval.
(2) An approval may include anything else the commission considers
relevant.
15 Conditions
of approval
An approval given to a charitable organisation is subject to the following
conditions:
(a) the organisation is to be responsible for the promotion and conduct
of—
(i) the game; and
(ii) the event at which it is to be conducted;
(b) the percentage disclosed under paragraph (c), or more, of the funds
raised by the event must be given to the entity and charitable purpose stated in
the application;
(c) the minimum percentage of funds raised by the event that is to be
given to the stated entity and charitable purpose must be clearly disclosed to
the public—
(i) in all promotional material for the game and the event at which it is
to be conducted; and
(ii) at all places where tickets for the event can be obtained;
and
(iii) while the game is being conducted—at the place where it is
being conducted;
(d) the identifying number given by the commission for the approval must
be included—
(i) in all promotional material for the game and the event at which it is
to be conducted; and
(ii) on all tickets for the event;
(e) the game must be conducted in a competent and fair manner;
(f) the game must be conducted by a person who is 18 years old or
older;
(g) each participant in the game must be 18 years old or older;
(h) the organisation must keep a record of any information prescribed by
regulation;
(i) the organisation must comply with any code of practice prescribed
under the Control Act that applies to the organisation;
(j) the organisation must continue to be a charitable
organisation;
(k) any condition imposed by the commission under section 12 or section
18;
(l) any condition prescribed by regulation.
An approval is given for the period, not longer than 12 months, stated in
the approval.
17 Application
for amendment of approval
(1) A charitable organisation may apply in writing to the commission for
amendment of the organisation’s approval.
Note 1 If a form is approved under the Control Act, s 53D for
an application, the form must be used.
Note 2 A fee may be determined under s 48 for this
provision.
(2) The commission may, by written notice given to the applicant, require
the applicant to give the commission, within a stated reasonable time,
additional information or documents that the commission reasonably needs to
decide the application.
18 Decision
on application for amendment of approval
(1) On application under section 17, the commission must—
(a) amend the approval; or
(b) refuse to amend the approval.
(2) In deciding whether to amend the approval, the commission must have
regard to the matters mentioned in section 12 (2) and (3) (Decision on
application) as if the application were an application for an
approval.
(3) An amendment of an approval has effect only if the amendment is stated
in the approval.
(4) To remove any doubt, the amendment of an approval under this section
may include the imposition of a condition on the approval and the amendment of a
condition to which the approval is subject.
19 Cancellation
of approval
The commission may cancel an approval if the commission believes on
reasonable grounds that the charitable organisation holding the approval has
failed to comply with the approval or a condition of the approval.
Part
4 Exempt two-up
games
20 Meaning
of exempt two-up game
In this Act:
exempt two-up game means a two-up game—
(a) played on 25 April (Anzac Day) in any year; and
(b) conducted in accordance with section 21.
21 Conducting
exempt two-up game
A two-up game is conducted in accordance with this section
if—
(a) the game is conducted with the permission of the owner or person in
charge of the place where the game is conducted; and
(b) the game is conducted by a person who is 18 years old or older;
and
(c) each participant in the game is 18 years old or older; and
(d) if there is a prize pool for the game—the prize pool comprises
all bets placed by players without the deduction of any charge, commission or
fee; and
(e) subject to section 22, people may observe or participate in the game
free of any charge, commission or fee; and
(f) the game is conducted in accordance with any condition prescribed by
regulation.
22 When
charge etc may be imposed
For section 21 (e), a person conducting an exempt two-up game may impose a
charge, commission or fee for observing or participating in the game only if the
person—
(a) has the permission of the owner or person in charge of the place where
the game is conducted to impose the charge, commission or fee; and
(b) tells each person paying the charge, commission or fee the purpose for
which it is sought; and
(c) gives all payments or benefits received from imposing the charge,
commission or fee to an entity for a charitable purpose; and
(d) complies with any condition prescribed by regulation in relation to
the charge, commission or fee.
A person commits an offence if—
(a) the person—
(i) participates in a game of chance, or of mixed chance and skill, in
which money or any other valuable thing is offered as a prize or is staked or
risked (by a participant or someone else) on an event or contingency;
or
(ii) otherwise places or accepts a bet; and
(b) the person dishonestly—
(i) obtains for the person or someone else money, benefit, advantage,
valuable consideration or security; or
(ii) induces someone to deliver, give or credit to the person or someone
else money, benefit, advantage, valuable consideration or security;
and
(c) the person does so by—
(i) trick, device, sleight of hand or representation; or
(ii) a scheme or practice; or
(iii) the use of—
(A) an instrument of gambling; or
(B) anything else.
Note Instrument of gambling—see the
dictionary.
Maximum penalty: 200 penalty units, 2 years imprisonment or
both.
24 Arranging
unlawful gambling
A person commits an offence if the person arranges an unlawful game or
unlawful betting.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
25 Conducting
unlawful gambling
(1) A person commits an offence if the person conducts an unlawful game or
unlawful betting.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) A person commits an offence if—
(a) the person conducts an unlawful game or unlawful betting;
and
(b) another person under 18 years old participates in the unlawful game or
unlawful betting.
Maximum penalty: 200 penalty units, imprisonment for 2 years or
both.
26 Owning
etc place used for unlawful gambling
A person commits an offence if—
(a) the person is the owner or person in charge of a place being used for
the conduct of an unlawful game or unlawful betting; and
(b) the person knows the place is being used for the conduct of an
unlawful game or unlawful betting.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
27 Advertising
etc unlawful gambling or place where unlawful gambling
conducted
A person commits an offence if the person—
(a) places, displays or broadcasts an advertisement for—
(i) an unlawful game or unlawful betting; or
(ii) a place being used, or to be used, for the conduct of an unlawful
game or unlawful betting; or
(b) does anything else that promotes, or entices a person to participate
in, an unlawful game or unlawful betting.
Maximum penalty: 50 penalty units.
(1) A person commits an offence if the person sends to someone the person
knows is a child a document that invites, or may reasonably be implied to
invite, the child to—
(a) make a bet; or
(b) enter into or take a share or interest in a bet; or
(c) apply to someone or at a place to obtain information or advice in
relation to a bet.
Maximum penalty: 50 penalty units.
(2) In this section:
bet does not include—
(a) a bet that is part of a game declared by the commission under section
9 (2); or
(b) the buying of a raffle ticket.
29 Participating
in unlawful gambling
(1) A person commits an offence if—
(a) the person participates in an unlawful game; and
(b) the person knows the game is an unlawful game.
Maximum penalty: 50 penalty units.
(2) A person commits an offence if—
(a) the person participates in unlawful betting; and
(b) the person knows the betting is unlawful betting.
Maximum penalty: 50 penalty units.
30 Receiving
proceeds from unlawful gambling
A person commits an offence if—
(a) the person receives proceeds from the conduct of an unlawful game or
unlawful betting; and
(b) the person knows the proceeds are from the conduct of an unlawful game
or unlawful betting.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
31 Possessing
instrument of gambling
(1) A person commits an offence if—
(a) the person possesses an instrument of gaming; and
(b) the person possesses the instrument for a purpose related to the
conduct or proposed conduct of an unlawful game.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
(2) A person commits an offence if—
(a) the person possesses an instrument of betting; and
(b) the person possesses the instrument for a purpose related to the
conduct or proposed conduct of unlawful betting.
Maximum penalty: 100 penalty units, imprisonment for 1 year or
both.
32 Failing
to comply with condition of approval to conduct game
(1) A person commits an offence if—
(a) the person conducts a game under an approval; and
(b) the person fails to comply with a condition under section 15
(Conditions of approval) in relation to the game.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
33 Failing
to comply with requirements about charge etc for exempt two-up
game
(1) A person commits an offence if—
(a) the person conducts a two-up game on 25 April (Anzac Day) in a year;
and
(b) the person imposes a charge, commission or fee for observing or
participating in the game; and
(c) the person fails to comply with section 22 in relation to the charge,
commission or fee.
Maximum penalty: 50 penalty units.
(2) An offence against this section is a strict liability
offence.
34 Criminal
liability of corporation officers
(1) An officer of a corporation commits an offence if—
(a) the corporation contravenes a provision of this Act; and
(b) the contravention is an offence against this Act (the relevant
offence); and
(c) the officer was reckless about whether the contravention would happen;
and
(d) the officer was in a position to influence the conduct of the
corporation in relation to the contravention; and
(e) the officer failed to take all reasonable steps to prevent the
contravention.
Maximum penalty: The maximum penalty that may be imposed for the
commission of the relevant offence by an individual.
(2) This section applies whether or not the corporation is prosecuted for,
or convicted of, the relevant offence.
(3) In deciding whether the officer took (or failed to take) reasonable
steps to prevent the contravention, a court must have regard to the
following:
(a) any action the officer took directed towards ensuring the following
(to the extent that the action is relevant to the act or omission):
(i) that the corporation arranged regular professional assessments of the
corporation’s compliance with the contravened provision;
(ii) that the corporation implemented any appropriate recommendation
arising from such an assessment;
(iii) that the corporation’s employees, agents and contractors had a
reasonable knowledge and understanding of the requirement to comply with the
contravened provision;
(b) any action the officer took when the officer became aware that the
contravention was, or might be, about to happen.
(4) Subsection (3) does not limit the matters to which the court may have
regard.
(5) This section does not apply if the corporation would have a defence to
a prosecution for the relevant offence.
(6) In this section:
officer, of a corporation, means—
(a) a director or secretary of the corporation; or
(b) a person—
(i) who makes, or takes part in making, decisions that affect all, or a
substantial part, of the business of the corporation; or
(ii) in accordance with whose instructions or wishes the directors of the
corporation are accustomed to act (excluding advice given by the person in the
proper exercise of functions attaching to the person’s professional
capacity or business relationship with the directors or the corporation);
or
(iii) who is a receiver, or receiver and manager, of the
corporation’s property; or
(c) an administrator of the corporation; or
(d) an administrator of a deed of company arrangement executed by the
corporation; or
(e) a liquidator of the corporation; or
(f) a trustee or other person administering a compromise or arrangement
made between the corporation and someone else.
Part
6 Seizure and forfeiture of
instruments of gambling
35 Seizure
of instruments of gambling
An authorised officer may seize an instrument of gambling if the officer
believes on reasonable grounds that it has been, is being, or is likely to be
used for a purpose related to the conduct or operation of an unlawful game or
unlawful betting.
Note For the powers of entry and inspection of authorised
officers—see the Control Act, div 4.2 (Powers of investigation).
36 Receipt
for seized instrument of gambling
(1) As soon as practicable after an authorised officer seizes an
instrument of gambling under section 35, the officer must give a receipt for it
to the person from whom it was seized.
(2) If, for any reason, it is not practicable to comply with subsection
(1), the authorised officer must leave the receipt, secured conspicuously at the
place where the instrument of gambling was seized.
(3) A receipt under this section must include the following:
(a) a description of the instrument of gambling;
(b) an explanation of why the instrument was seized;
(c) an explanation of the person’s right to apply to a court under
section 38 for an order disallowing the seizure;
(d) where the instrument of gambling is to be taken;
(e) the authorised officer’s name and information about how to
contact the officer.
37 Return
of seized instruments of gambling
(1) An instrument of gambling seized under section 35 must be returned to
its owner, or reasonable compensation must be paid to the owner by the Territory
for the loss of the instrument, unless—
(a) a prosecution for an offence against a territory law in connection
with the instrument is begun within 1 year after the day the seizure is made and
the instrument is required to be produced in evidence in the prosecution;
or
(b) an application for the forfeiture of the seized instrument is made to
a court under the Confiscation of Criminal Assets Act 2003 or
another territory law within 1 year after the day the seizure is made;
or
(c) all proceedings in relation to the offence with which the seizure was
connected have ended and the court has made an order about the
instrument.
(2) However, this section does not apply to an instrument of
gambling—
(a) if the commission believes on reasonable grounds that the only
practical use of the instrument in relation to the premises where it was seized
would be an offence against this Act; or
(b) if possession of it by its owner would be an offence.
38 Application
for order disallowing seizure
(1) A person claiming to be entitled to an instrument of gambling seized
under section 35 may apply to the Magistrates Court within 1 year after the day
of the seizure for an order disallowing the seizure.
(2) The application may be heard only if the applicant has served a copy
of the application on the commission.
(3) The commission is entitled to appear as respondent at the hearing of
the application.
39 Order
disallowing seizure
(1) On an application under section 38, the Magistrates Court must make an
order disallowing the seizure if satisfied that—
(a) the applicant would, apart from the seizure, be entitled to the return
of the seized instrument of gambling; and
(b) the instrument of gambling is not connected with the conduct or
operation of an unlawful game or unlawful betting; and
(c) possession of the instrument of gambling by the person would not be an
offence.
(2) The Magistrates Court may also make an order disallowing the seizure
if satisfied there are exceptional circumstances justifying the making of the
order.
(3) If the Magistrates Court makes an order disallowing the seizure, the
court may make 1 or more of the following ancillary orders:
(a) an order directing the commission to return the instrument of gambling
to the applicant or to someone else who appears to be entitled to it;
(b) if the instrument of gambling cannot be returned or has depreciated in
value because of the seizure—an order directing the Territory to pay
reasonable compensation;
(c) an order about the payment of costs in relation to the
application.
40 Adjournment
pending hearing of other proceeding
(1) This section applies to the hearing of an application under
section 38 (Application for order disallowing seizure).
(2) If it appears to the Magistrates Court that the seized instrument of
gambling is required to be produced in evidence in a pending proceeding in
relation to an offence against a Territory law, the court may, on the
application of the commission or its own initiative, adjourn the hearing until
the end of that proceeding.
41 Forfeiture
of seized instrument of gambling
(1) This section applies if—
(a) an instrument of gambling seized under section 35 has not been
returned under section 37; and
(b) an application for disallowance of the seizure under
section 38—
(i) has not been made within 1 year after the day the seizure is made;
or
(ii) has been made within 1 year after the day the seizure is made, and
the application has been refused or withdrawn before a decision in relation to
the application has been made.
(2) If this section applies to the seized instrument of gambling the
instrument—
(a) is forfeited to the Territory; and
(b) may be sold, destroyed or otherwise disposed of as the commission
directs.
42 Forfeiture
of instrument of gambling etc if found guilty of offence against
Act
If a person is convicted, or found guilty, of an offence against this Act,
any instrument of gambling or other article used by the person in the commission
of the offence, or to which the offence relates—
(a) is forfeited to the Territory; and
(b) may be sold, destroyed or otherwise disposed of as the commission
considers appropriate.
43 Cost
of disposal of things forfeited
(1) This section applies if—
(a) a person is convicted, or found guilty, of an offence against this Act
in relation to something forfeited to the Territory under this part;
and
(b) the thing is connected with an offence against this Act; and
(c) the person was the owner of the thing immediately before its
forfeiture.
Note Found guilty—see the Legislation Act, dict, pt
1.
(2) If this section applies, costs incurred by or on behalf of the
Territory in relation to the lawful disposal of the thing (including storage
costs) are a debt owing to the Territory by the person.
Part
7 Notification and review of
decisions
44 Meaning
of reviewable decision—pt 7
In this part:
reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in column
2 in relation to the decision.
45 Reviewable
decision notices
If the commission makes a reviewable decision, the commission must give a
reviewable decision notice to each person mentioned in schedule 1, column 4 in
relation to the decision.
Note 1 The commission must also take reasonable steps to give a
reviewable decision notice to any other person whose interests are affected by
the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
Note 2 The requirements for a reviewable decision notice are
prescribed under the ACT Civil and Administrative Tribunal Act
2008.
46 Applications
for review
The following people may apply to the ACAT for a review of a reviewable
decision:
(a) a person mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the
decision.
Note If a form is approved under the ACT Civil and Administrative
Tribunal Act 2008 for the application, the form must be used.
47 Unlawful
gambling agreements void
An agreement, whether oral or in writing, relating to an unlawful game or
unlawful betting is void and no action may be brought in a court to recover any
money or other property that—
(a) is alleged to have been won or lost on a bet in relation to the
unlawful game or unlawful betting; or
(b) has been given to a person as a stakeholder for an event on which a
bet has been made in relation to the unlawful game or unlawful
betting.
(1) The Minister may, in writing, determine fees for this Act.
Note The Legislation Act contains provisions about the making of
determinations and regulations relating to fees (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to
the Legislative Assembly, under the Legislation Act.
49 Regulation-making
power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the
Legislative Assembly, under the Legislation Act.
50 Legislation
amended—sch 2
This Act amends the following legislation:
• Gambling and Racing Control Act 1999
• Legislation Act 2001
• Liquor Act 1975
• Lotteries Act 1964
• Pool Betting Act 1964
• Race and Sports Bookmaking Act 2001.
This Act repeals the following legislation:
• Games, Wagers and Betting Houses Act 1901
(A1902-18)
• Gaming and Betting Act 1906 (A1906-13)
• Unlawful Games Act 1984 (A1984-21)
• Unlawful Games Regulation 2007 (SL2007-5).
Schedule
1 Reviewable
decisions
(see pt 7)
column
1
item
|
column
2
section
|
column
3
decision
|
column
4
person
|
1
|
12 (1) (b)
|
refuse to approve conduct of game
|
applicant for approval
|
2
|
12 (4)
|
impose condition on approval
|
approval holder
|
3
|
18 (1) (b)
|
refuse to amend approval
|
approval holder
|
4
|
18 (4)
|
impose condition on, or amend condition of, approval
|
approval holder
|
5
|
19
|
cancel approval
|
approval holder
|
Schedule
2 Consequential
amendments
(see s 50)
Part
2.1 Gambling and Racing Control Act
1999
[2.1] Section
4 (d) and (e)
omit
substitute
(l) the Unlawful Gambling Act 2009.
substitute
(d) to any of the following, or to a person authorised to receive the
information by any of the following:
(i) for the purpose of the administration or enforcement of a gaming law
of a reciprocating jurisdiction—a person who, or authority that, exercises
functions under that law;
(ii) the auditor-general;
(iii) the Australian Competition and Consumer Commission;
(iv) the Australian Crime Commission;
(v) the Australian Federal Police;
(vi) the Australian Securities and Investments Commission;
(vii) the Australian statistician;
(viii) the Australian Transaction Reports and Analysis Centre
(AUSTRAC);
(ix) the chief police officer;
(x) the commissioner for revenue;
(xi) the Commissioner of Taxation of the Commonwealth;
(xii) the Commonwealth Department of Immigration;
(xiii) the Commonwealth Services Delivery Agency (Centrelink);
(xiv) the ombudsman;
(xv) the police force or service of a State;
Note State includes the Northern Territory (see Legislation
Act, dict, pt 1).
(xvi) an authority or agency of a State that is responsible for collecting
or receiving taxation revenue of the State;
(xvii) a person prescribed by regulation; or
[2.4] Dictionary,
definition of gaming
substitute
gaming means conducting or playing a game of chance, or of
mixed chance and skill, in which money or any other valuable thing is offered as
a prize or is staked or risked (by a participant or someone else) on an event or
contingency.
Part
2.2 Legislation Act
2001
[2.5] Schedule
1, part 1.1, items 13 and 18
omit
[2.6] Dictionary,
definition of defined offence, paragraph (d)
substitute
(d) the Unlawful Gambling Act 2009;
Part
2.4 Lotteries Act
1964
[2.7] Dictionary,
definition of unlawful game
omit
Unlawful Games Act 1984
substitute
Unlawful Gambling Act 2009
Part
2.5 Pool Betting Act
1964
[2.8] Dictionary,
definition of unlawful game
omit
Unlawful Games Act 1984
substitute
Unlawful Gambling Act 2009
Part
2.6 Race and Sports Bookmaking Act
2001
in part 1, insert
4A Offences against Act—application of Criminal
Code etc
Other legislation applies in relation to offences against this
Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act
(see Code, pt 2.1):
• s 72A (Betting by or on behalf of child)
• s 73A (Bookmakers—unauthorised bookmaking).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used for
offences to which the Code applies (eg conduct,
intention, recklessness and strict
liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that
are expressed in penalty units.
in part 9, insert
72A Betting by or on behalf of
child
(1) A child commits an offence if—
(a) the child places a bet with another person who is a race bookmaker or
sports bookmaker; and
(b) the child knows the other person is a race bookmaker or sports
bookmaker.
Maximum penalty: 10 penalty units.
(2) A child commits an offence if—
(a) the child places a bet with another person who is a race bookmaker or
sports bookmaker; and
(b) the child knows the other person is a race bookmaker or sports
bookmaker; and
(c) the child uses a false document of identification or someone
else’s document of identification for the purpose of placing the
bet.
Maximum penalty: 10 penalty units.
(3) A person commits an offence if—
(a) the person is a race bookmaker or sports bookmaker; and
(b) the person accepts a bet placed by a child.
Maximum penalty: 50 penalty units.
(4) An offence against subsection (3) is a strict liability
offence.
(5) A person commits an offence if—
(a) the person places a bet with another person who is a race bookmaker or
sports bookmaker; and
(b) the person places the bet on behalf of a child.
Maximum penalty: 20 penalty units.
(6) In this section:
document of identification, for a person, means a document
that—
(a) is a driver licence, proof of age card or passport; and
(b) contains a photograph that could reasonably be taken to be of the
person; and
(c) indicates that the person to whom the document was issued is at least
18 years old.
driver licence means an Australian driver licence or a
licence to drive a motor vehicle (however described) issued under the law of an
external Territory or a foreign country.
[2.11] Section
73 (1) (b)
substitute
(b) at a sports bookmaking venue described in an approval given under
section 49 (1) (Issue or refusal of approval for sports bookmaking venue)
to the race bookmaker.
[2.12] Section
73 (2) (b)
substitute
(b) at a sports bookmaking venue described in an approval given under
section 49 (1) to the race bookmaker—
(i) who applied for the licence held by the race bookmaker’s agent;
and
(ii) for whom the race bookmaker’s agent is engaging in race
bookmaking at the venue.
insert
73A Bookmakers—unauthorised
bookmaking
(1) A sports bookmaker or sports bookmaker’s agent commits an
offence if the sports bookmaker or sports bookmaker’s agent accepts a
bet—
(a) at a place that is not a sports bookmaking venue; or
(b) on something that is not a sports bookmaking event.
Maximum penalty: 50 penalty units.
(2) A race bookmaker commits an offence if the race bookmaker accepts a
bet other than—
(a) at a race meeting; or
(b) at a sports bookmaking venue described in an approval given under
section 49 (1) to the race bookmaker.
Maximum penalty: 50 penalty units.
(3) A race bookmaker’s agent commits an offence if the agent accepts
a bet other than—
(a) at a race meeting; or
(b) at a sports bookmaking venue described in an approval given under
section 49 (1) to the race bookmaker—
(i) who applied for the licence held by the race bookmaker’s agent;
and
(ii) for whom the race bookmaker’s agent is engaging in race
bookmaking at the venue.
Maximum penalty: 50 penalty units.
(4) A race bookmaker, or a race bookmaker’s agent, commits an
offence if the race bookmaker or race bookmaker’s agent accepts a bet on
something other than a race.
Maximum penalty: 50 penalty units.
(5) An offence against this section is a strict liability
offence.
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 For example, the Legislation Act, dict, pt 1, defines the
following terms:
• ACAT
• ACT
• Executive
• fail
• function
• gambling and racing commission
• public servant
• the Territory.
approval means an approval under part 3.
authorised officer means an authorised officer under the
Control Act, section 20.
charitable organisation—see the Duties Act 1999,
dictionary.
charitable purpose includes any benevolent, philanthropic or
patriotic purpose.
commission means the gambling and racing
commission.
Control Act means the Gambling and Racing Control Act
1999.
exempt game—see section 9.
exempt private game—see section 10.
exempt two-up game—see section 20.
gaming—see the Control Act, dictionary.
gaming equipment—see the Control Act,
dictionary.
gaming law—see the Control Act, dictionary.
instrument of betting means any electrical, electronic or
mechanical device or any other thing—
(a) used, or suitable for use, in connection with betting; or
(b) designed or adapted for use for or in relation to betting.
instrument of gambling means an instrument of betting or an
instrument of gaming.
instrument of gaming means gaming equipment or
chips.
place includes premises, structure, vehicle and
vessel.
unlawful betting—see section 6.
unlawful gambling—see section 8.
unlawful game—see section 7.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 2009.
2 Notification
Notified under the Legislation Act on 2009.
3 Republications of amended laws
For the latest republication of amended laws, see
www.legislation.act.gov.au.
© Australian Capital Territory
2009
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