Before we discuss provisions about gambling and betting under the Crimes Act 1900, let’s define the two terms first. Gambling and betting are both forms of wagering on an uncertain outcome. In gambling, the outcome is determined by chance, while in betting, the outcome is determined by the skill of the participants.
The following are some of the most common types of gambling and betting that are legal in Australia, NSW:
- Lottery: This is a game of chance where participants buy tickets and hope to win a prize.
- Horse racing: This is a sport where participants bet on the outcome of a horse race.
- Sports betting: This is a type of gambling where participants bet on the outcome of sporting events.
- Poker: This is a card game where participants bet against each other.
- Casino gambling: This is a type of gambling where participants play games of chance at a casino.
Let’s outline provisions about gambling and betting.
Legal Provisions About Gambling and Betting
Gambling and betting are not illegal in NSW. However, there are certain laws that regulate gambling and betting in the state. Here are a few:
- It is illegal to gamble on credit, and it is illegal to gamble under the age of 18.
- Under the Australian Consumer Law (ACL), your rights as a consumer of gambling services include protection against:
- Unfair contract terms
- Unfair business practices
- Product safety and more
- Liquor & Gaming NSW is responsible for regulating gambling venues in New South Wales. You can report gaming or wagering law breaches in NSW to Liquor & Gaming NSW online. The online feedback form can be found on the Liquor & Gaming NSW website.
- The Unlawful Gambling Act 1998 (NSW) prohibits unauthorised gambling activities in New South Wales. This act also imposes severe penalties for violations, including hefty fines and imprisonment.
Section 193H: Corrupting Betting Outcome of Event
Section 193H of provisions about gambling and betting states that conduct corrupts the betting outcome of an event if:
- It affects or would be likely to affect the outcome of any type of betting on the event.
- It 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.
The section also defines the following terms:
| “Agreement about conduct that corrupts a betting outcome of an event” | An agreement between 2 or more people to fix a bet. |
| “Agreement” | This includes an arrangement |
| “Conduct” | An act or an omission to perform an act |
| “Engage in conduct” | To do an act or omit to perform an act |
Section 193I: Betting
Section 193I of provisions about gambling and betting defines “betting”. To “bet” includes the following:
- Placing a bet: This is when you offer to wager money on the outcome of an event.
- Accepting a bet: This is when you agree to take a wager from someone else.
- Withdrawing a bet: This is when you cancel a bet already placed.
- Causing a bet to be placed, accepted or withdrawn: This is when you take steps to ensure that a bet is placed, accepted or withdrawn, even if you are not the one who actually places, accepts or withdraws the bet.
The section also states “betting on an event” includes a reference to betting on any event contingency. This means betting on any aspect of an event is considered betting on the event for the purposes of the Act.
Section 193J under Provisions About Gambling and Betting: Events and Event Contingencies
Section 193J of provisions about gambling and betting defines the terms “event” and “event contingency”. The section states that:
1. An “event” means any event on which it is lawful to bet under:
- A law of this State;
- Another State; or
- A Territory or the Commonwealth.
This is the case whether it takes place in this State or elsewhere.
2. 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; or
- A Territory or the Commonwealth.
Section 193K: Obtaining Financial Advantage or Causing Financial Disadvantage
Section 193K of provisions about gambling and betting defines the terms “obtaining financial advantage” and “causing financial disadvantage”.
| “Obtaining financial advantage” | “Causing financial disadvantage” |
| – Obtaining a financial advantage for yourself or for another person. – Inducing a third person to do something that results in yourself or another person obtaining a financial advantage. – Keeping a financial advantage that you have. – Whether the financial advantage is permanent or temporary. | – Causing a financial disadvantage to another person. – Inducing a third person to do something that results in another person suffering a financial disadvantage. – Whether the financial disadvantage is permanent or temporary. |
Section 193L: Proof of Intention to Obtain Financial Advantage or Cause Financial Disadvantage
Section 193L of provisions about gambling and betting outlines the criteria and conditions for proving the intention to:
- Obtain a financial advantage; or
- Cause a financial disadvantage in connection with betting on an event.
The section provides details on how this intention can be established and what elements need to be proven in court. Here’s a breakdown of the key points:
1. Intent or Awareness Requirement: To be convicted of an offence under this section, the accused must:
- Have intended to obtain a financial advantage; or
- Have intended to cause a financial disadvantage in connection with betting on an event; or
- Have been aware that another person intended to do so as a result of the accused’s conduct.
2. Actual Outcome Not Required: It is not necessary to prove that the accused actually obtained a financial advantage or caused a financial disadvantage. The focus is on proving the accused’s intention or awareness of the financial consequences of their conduct.
3. Definition of “Conduct the Subject of the Charge”: For the purposes of this section, “conduct the subject of the charge” means:
- In the case of an offence against section 193N, the conduct that the accused engaged in.
- In the case of an offence against section 193O, the conduct that the accused facilitated.
- In the case of an offence against section 193P, the conduct, or the conduct that is the subject of an agreement, which the accused encouraged another person to conceal.
Section 193M: How Provisions About Gambling and Betting Define “Encourage”
Section 193M of the provisions about gambling and betting defines the term “encourage” as it is used in the Act. The section states that “encourage” includes a wide range of actions, including:
- Commanding
- Requesting
- Proposing
- Advising
- Inciting
- Inducing
- Persuading
- Authorising
- Urging
- Threatening
- Placing pressure
The definition of “encourage” is broad enough to cover a wide range of actions. Additionally, it states the different ways that a person can influence another person to engage in conduct that corrupts the betting outcome of an event.
Importance of Seeking Legal Advice
Gambling and betting is a risky activity, and it is important to understand the legal implications before you participate. There are a number of different gambling and betting law cases where a person may need a lawyer, such as cases involving:
- Allegations of match-fixing or other corrupt betting practices.
- Disputes between gamblers or betting operators
- Debt collection by gambling or betting operators.
If you are involved in gambling or betting cases, it is important to seek legal advice from a qualified lawyer. A criminal lawyer can help you understand your rights and options and protect your interests. JB Solicitors specialises in criminal law matters and we can help you understand your rights or represent you in court.
Contact us today if you have more questions about provisions about gambling and betting.
