The Crimes Act 1958 Victoria punishes conduct corrupting a betting outcome. Division 2B covers Sections 195C to 195F. This division specifically addresses these offences:
- Engaging in conduct that corrupts or would corrupt a betting outcome (Section 195C)
- Facilitating conduct that corrupts or would corrupt a betting outcome (Section 195D)
- Concealing conduct, agreement, or arrangement (Section 195E)
- Use of corrupt conduct information for betting purposes (Section 195F)
The Crimes Amendment (Integrity in Sports) Act 2013 added the provisions conduct corrupting a betting outcome. This is a significant step in protecting the integrity of sporting events in Victoria. It sends a strong message that cheating in sports will not be tolerated. Those who engage in such conduct will face serious consequences.
Definition of Terms
Let us first go through the important definition of terms (s195B) that you will encounter:
- Bet – this includes placing, accepting or withdrawing a bet and causing a bet to be placed, accepted, or withdrawn.
- Causing a financial disadvantage – this means a person causes such a disadvantage to another and induces a third person to do something that results in another person suffering a financial disadvantage.
- Conduct that corrupts or would corrupt a betting outcome of an event or an event contingency – these are:
- Acts that would affect the outcome of the bet
- Acts 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 or event contingency
- Event contingency – is a contingency that connects to an event, being a contingency on which it is lawful to bet under a law of Victoria, another State, a Territory or the Commonwealth.
Conduct Corrupting a Betting Outcome
Section 195C makes it an offence to engage in any conduct that affects, or is likely to affect, the outcome of betting on an event or event contingency, and is contrary to the expected standards of integrity.
Thus, the law imposes a level 5 imprisonment (10 years maximum) when a person engages in such conduct and:
- Knows that, or is reckless as to whether the conduct corrupts or would corrupt a betting outcome of the event or the event contingency; and
- Intends to obtain a financial advantage, or to cause a financial disadvantage, in connection with any betting on the event or the event contingency.
There are many different ways that someone can commit this offence. Some examples include:
- Match-fixing: This is when someone agrees with another person to influence the outcome of a sporting event to win a bet. For example, a player might agree to throw a game or miss a shot.
- Insider trading: The law can punish a person who uses inside information about an event to place a bet on it. For instance, an employee of a betting company might use information about upcoming odds changes to place bets before the information is made public.
- Bribery: A person commits bribery when he or she offers or accepts a bribe to influence the outcome of an event. One situation would be when a player might be offered money to throw a game.
Facilitating a Conduct Corrupting a Betting Outcome
Section 195D of the Act also punishes those who facilitate conduct that corrupts or would corrupt a betting outcome.
It states that a person must not offer to engage in or encourage another person to engage in, conduct that corrupts or would corrupt a betting outcome of an event or event contingency and:
- Knows that, or is reckless as to whether the conduct corrupts or would corrupt a betting outcome of the event or event contingency; and
- Intends to obtain a financial advantage, or to cause a financial disadvantage, in connection with any betting on the event or the event contingency.
The penalty for violation of this section is a level 5 imprisonment (10 years maximum).
Moreover, a person must not enter into an agreement or arrangement in respect of conduct that corrupts or would corrupt a betting outcome of an event or event contingency with the same knowledge and intent as mentioned above. If a person is caught, the court may impose a level 5 imprisonment (10 years maximum) as a penalty.
Concealing a Conduct Corrupting a Betting Outcome
Section 195E punishes the concealment of such conduct, agreement, or arrangement. A person must not encourage another person to conceal from a relevant authority a conduct, or an agreement or arrangement in respect of conduct, that corrupts or would corrupt a betting outcome of an event or event contingency. Penalty: Level 5 imprisonment (10 years maximum).
A relevant authority can be:
- A police officer; or
- A body that has the official function of controlling, regulating or supervising an event or betting on an event; or
- Other authority of a kind prescribed by regulation.
This includes failing to report suspicious activity or providing false information to investigators.
Use of Corrupt Conduct Information for Betting Purposes
Section 195F of the Act prohibits the use of corrupt conduct information for betting purposes. This section establishes that a person who:
- possesses information in connection with an event or event contingency about conduct that corrupts or would corrupt a betting outcome of the event or event contingency; and
- knows that, or is reckless as to whether, the information is about conduct that corrupts or would corrupt a betting outcome of the event or event contingency—
must not, if the information is relevant to the bet—
- bet on the event or event contingency; or
- encourage another person to bet on the event or event contingency in a particular way; or
- communicate the information, or cause the information to be communicated, to another person who the first person knows or ought reasonably to know would, or would be likely to, bet on the event or event contingency.
Penalty for this crime: level 5 imprisonment (10 years maximum).
Consult a Criminal Offence Lawyer
JB Solicitors offers a wide range of legal services that will cater to your legal needs. We can:
- Provide legal advice and representation in court.
- Negotiate with prosecutors.
- Prepare and presenting your defence.
- Represent you at trial.
Contact us today for more information about the crime of performing a conduct corrupting a betting outcome.
