2012
2012
2012-09-14
act
government
publicspecial
act.reprint
allinforce
2012-08-22
2012-08-22
0
2012-09-14
act-1987\15
2012
none
act-2012-064
46f9f7ee-c3de-497d-b8ff-58a24b6db242
3ad22cea-1ddb-4f13-9e56-23d04f4c2f8f
Repeal:
The Act was repealed by sec 30C of the Interpretation Act 1987 No 15 with
effect from 14.9.2012.
An Act to amend the Crimes
Act 1900 to prohibit certain conduct that can corrupt the
betting outcomes of events on which it is lawful to place bets; and for
related purposes.
1Name of
Act
This Act is the Crimes Amendment
(Cheating at Gambling) Act 2012.
2Commencement
This Act commences on the date of assent to this
Act.
Schedule 1Amendment of Crimes Act 1900 No
40
[1]Part
4ACA
Insert after Part 4AC:
Part 4ACACheating at
gambling
Division 1Preliminary
193HCorrupting betting outcome of
event
(1)
For the purposes of this Part, conduct corrupts
a betting outcome of an event if the conduct:
(a)
affects or, if engaged in, 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 the event.
(2)
For the purposes of this Part, an agreement
about conduct that corrupts a betting outcome of an event is
an agreement between 2 or more persons under which one or more of those
persons agree to engage in conduct that corrupts a betting outcome of an
event.
(3)
In this Part:
agreement includes an
arrangement.
conduct means an act or an omission
to perform an act.
engage in
conduct means:
(a)
do an act, or
(b)
omit to perform an
act.
193IBetting
(1)
In this Part, bet includes the following:
(a)
place, accept or withdraw a
bet,
(b)
cause a bet to be placed, accepted or
withdrawn.
(2)
A reference in this Part to betting on an event
includes a reference to betting on any event
contingency.
193JEvents and event
contingencies
(1)
In this Part, an event means any 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.
(2)
In this Part, an event
contingency means any contingency in any way connected with
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.
193KObtaining financial advantage
or causing financial disadvantage
(1)
In this Part, obtain a financial advantage
includes:
(a)
obtain a financial advantage for oneself or for
another person, and
(b)
induce a third person to do something that
results in oneself or another person obtaining a financial advantage,
and
(c)
keep a financial advantage that one
has,
whether the financial advantage is permanent or
temporary.
(2)
In this Part, cause a financial disadvantage
means:
(a)
cause a financial disadvantage to another person,
or
(b)
induce a third person to do something that
results in another person suffering a financial
disadvantage,
whether the financial disadvantage is permanent or
temporary.
193LProof of intention to obtain
financial advantage or cause financial disadvantage
(1)
If an offence under this Part requires a person
(the accused) to intend to obtain a
financial advantage, or to cause a financial disadvantage, in connection with
betting on an event, that element of the offence is established if, and only
if, it is proved that:
(a)
the accused meant to obtain a financial
advantage, or cause a financial disadvantage, in connection with betting on
the event, or
(b)
the accused was aware that another person meant
to obtain a financial advantage, or cause a financial disadvantage, in
connection with betting on the event, as a result of the conduct the subject
of the charge.
(2)
It is not necessary to prove that any financial
advantage was actually obtained or any financial disadvantage was actually
caused.
(3)
In this section, the conduct
the subject of the charge means:
(a)
in the case of an offence against section
193N—the conduct that the accused engaged in, or
(b)
in the case of an offence against section
193O—the conduct that the accused facilitated, or
(c)
in the case of an offence against section
193P—the conduct, or the conduct the subject of the agreement, that the
accused encouraged another person to conceal.
193MEncourage
In this Part, encourage another person to engage
in conduct includes command, request, propose, advise, incite, induce,
persuade, authorise, urge, threaten or place pressure on the person to engage
in conduct.
Division 2Offences
193NEngage in conduct that
corrupts betting outcome of event
A person who engages in conduct that corrupts a
betting outcome of an event:
(a)
knowing or being reckless as to whether the
conduct corrupts a betting outcome of the event, and
(b)
with the intention of obtaining 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.
193OFacilitate conduct that
corrupts betting outcome of event
(1)
A person who facilitates conduct that corrupts a
betting outcome of an event:
(a)
knowing or being reckless as to whether the
conduct facilitated corrupts a betting outcome of the event,
and
(b)
with the intention of obtaining 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.
(2)
A person facilitates conduct that corrupts a
betting outcome of an event if the person:
(a)
offers to engage in conduct that corrupts a
betting outcome of an event, or
(b)
encourages another person to engage in conduct
that corrupts a betting outcome of an event, or
(c)
enters into an agreement about conduct that
corrupts a betting outcome of an event.
193PConcealing conduct or
agreement about conduct that corrupts betting outcome of
event
(1)
A person who encourages another person to conceal
from any appropriate authority conduct, or an agreement about conduct, that
corrupts a betting outcome of an event:
(a)
knowing or being reckless as to whether the
conduct corrupts a betting outcome of the event, and
(b)
with the intention of obtaining 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.
(2)
In this section, an appropriate authority
includes:
(a)
a police officer, or
(b)
a body that has the official function of
controlling, regulating or supervising an event, or any betting on an
event.
193QUse 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.
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.
Maximum penalty: Imprisonment for 2
years.
(3)
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.
(4)
Information in connection with an event is
inside
information if the information:
(a)
is not generally available,
and
(b)
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 making any other betting
decision.
(5)
Information is generally
available if:
(a)
it consists of matter that is readily observable
by the public, or
(b)
it has been made known in a manner that would, or
would be likely to, bring it to the attention of the public,
or
(c)
it consists of deductions, conclusions or
inferences made or drawn from information referred to in paragraph (a) or
(b).
(6)
In proceedings for an offence against subsection
(1) (b) or (c) or (2) (b) or (c) it is not necessary to prove that the person
encouraged to bet, or to whom information was communicated, actually bet on
the event concerned.
(7)
If, on the trial of a person for an offence under
subsection (1), the trier of fact is not satisfied that the accused is guilty
of the offence charged but is satisfied that the accused is guilty of an
offence under subsection (2), it may find the accused not guilty of the
offence charged but guilty of an offence under subsection (2), and the accused
is liable to punishment accordingly.
(8)
A reference in this section to communicating
information includes a reference to causing information to be
communicated.
[2]Schedule 11 Savings and
transitional provisions
Insert at the end of the Schedule with
appropriate Part and clause numbering:
PartCrimes
Amendment (Cheating at Gambling) Act
2012
Review of
amendments
(1)
The Minister is to review the operation of Part
4ACA (Cheating at gambling) to determine whether the policy objectives of that
Part remain valid and whether the terms of the Part remain appropriate for
securing those objectives.
(2)
The review is to be undertaken as soon as
possible after the period of 3 years from the commencement of that
Part.
(3)
A report on the outcome of the review is to be
tabled in each House of Parliament within 12 months after the end of the
period of 3 years.
Schedule 2Amendment of Criminal Procedure Act 1986 No
209
Schedule 1 Indictable offences
triable summarily
Insert after clause 16C in Table 1:
16DCheating at
gambling
An offence under section 193N, 193O, 193P or 193Q
(1) or (2) of the Crimes Act
1900.
Historical
notes
Table of amending
instruments
Crimes Amendment
(Cheating at Gambling) Act 2012 No 64. Assented to
13.9.2012. Date of commencement, assent, sec 2.