What is unlawful gambling? You’re huddled around a smoky kitchen table, the air thick with anticipation and the clinking of poker chips. Laughter erupts as someone raises the stakes, eyes gleaming with the thrill of the gamble. If a trip to the pub often involves a cheeky two-dollar bet on the footy, these scenes may seem harmless.
But step outside the licensed realm, and you could be wading into a murky pool of unlawful gambling.
Why Is It Such a Big Deal?
Sure, a friendly card game between mates might seem harmless. But unlawful gambling isn’t just about a few bucks exchanged under the table. It’s a gateway to a whole host of problems, including:
- Organised crime: Unlicensed gambling is a lucrative business, and where money flows, criminals tend to follow. These shady operators often have links to organised crime syndicates. These syndicates may use gambling profits to fund other illegal activities, like drug trafficking and human smuggling.
- Problem gambling: Unregulated environments exacerbate gambling addiction. Without the safeguards and responsible gambling practices of licensed operators, vulnerable individuals can easily fall into debt and despair.
- Tax evasion: Licensed gambling contributes significantly to government coffers. When people gamble illegally, they’re essentially dodging their taxes, robbing the community of valuable resources.
- Money laundering: Unlawful gambling provides a convenient way for criminals to clean their dirty money. By funnelling illegal proceeds through gambling activities, they make it much harder for authorities to track down their ill-gotten gains.
Read: Legal Provisions About Gambling and Betting
Evolution of Gambling in Australia
According to a study by the Australian Institute of Criminology (AIC), gambling in Australia has undergone a fascinating transformation. This transformation left behind its restrictive past and embraced a more open-armed, lucrative future. Historically, concerns about morality and paternalism kept the reins tight, but the 19th and 20th centuries saw a shift towards a looser stance.
Governments recognised the potential financial gain and started offering a wider range of legal gambling options. This change went beyond mere tolerance. Legislation and policies actively encouraged commercial gambling as a source of revenue and leisure activity.
Casinos were established and were fuelled by changing social attitudes, a booming tourism industry, and the perception of gambling as a fun, modern form of entertainment. Prior to the 1960s, regulation focused on existing gambling practices like racetrack betting.
But after that, a wave of new legalised forms emerged, from TABs and lotteries to pools and casinos, all enthusiastically promoted by governments. In recent years, this trend has taken another leap, with large corporations increasingly welcomed into the fold, pushing Australia towards a more privatised gambling landscape.
However, this shift isn’t without wrinkles. Responsibility for managing lawful and unlawful gambling primarily falls on state governments, while the federal government focuses on organised crime and foreign investment. This creates a complex patchwork of authorities, with numerous “semi-autonomous” bodies like boards, commissions, and committees handling the day-to-day implementation and administration.
What Does the Law Say?
According to Section 93V of the Crimes Act 1900 if an operation involves at least 2 of the following elements (and the last point is mandatory ):
- Multiple Premises: Running a network of at least two locations used for prohibited or unlawful gambling, whether actual gambling dens or just front operations, raises red flags.
- Big-Time Planning: Extensive organisation and resources dedicated to unlawful gambling, evidenced by the number of people involved, the money flowing, or the sheer scale of the operation, suggests something fishy is brewing.
- Tech-Savvy Schemes: Employing sophisticated tools like phone diverters, surveillance cameras, or encryption software to facilitate unlawful gambling or avoid detection screams organised crime.
- State Revenue Loss: Substantially impacting the State’s potential revenue from legal gambling is a major indicator of a harmful operation.
then it would be deemed an unlawful operation. A person who conducts such an unlawful gambling operation is guilty of this offence, and receive a maximum penalty of 1,000 penalty units or imprisonment for 7 years (or both).
Prosecuting these cases requires solid proof. Section 93V allows evidence of regular attendance at suspected unlawful gambling premises to support the presence of elements like multiple locations or significant activity.
Furthermore, Section 20 (Interim declaration of premises as gambling premises) of the Unlawful Gambling Act 1993 states that law enforcement in Australia can quickly shut it down if they believe it’s operating illegally. Here’s how:
1. Police File an Affidavit:
A senior officer files a sworn statement with a court, claiming they believe the premises are a gambling den. They must provide evidence supporting their suspicion.
2. Court Makes a Decision:
Within 5 days, the court decides whether to:
- Temporarily declare the place as a suspected gambling den: This freezes its operations while further investigation occurs.
- Reject the claim: The place remains open.
3. Court Considers These Factors:
- What they see outside and inside the premises (construction, activity).
- Reputation of people entering/leaving.
- Presence of things mentioned in specific gambling laws (e.g., gambling equipment, large amounts of money).
- Any other relevant information.
4. Court Sets a Hearing Date:
If the court suspends the place, a hearing is scheduled (at least a month later) to decide if the suspension should be lifted.
A Guide to Australian Gambling Regulators
Australia’s lawful and unlawful gambling scene is a vibrant, complex ecosystem, and understanding who’s in charge can feel like deciphering an ancient map. This guide will illuminate the regulatory landscape, state by state, so you can navigate the gambling maze with confidence.
1. Victoria (VIC): The Victorian Gambling and Casino Control Commission (VGCCC) is your main authority, handling licensing and ensuring everyone plays by the rules.
2. New South Wales (NSW): Liquor and Gaming New South Wales (L&GNSW) handles licensing and policy, but the Independent Liquor and Gaming Authority (ILGA) plays the role of judge and jury for liquor, clubs, and gaming machines. Casinos have their own independent regulator, the NSW Independent Casino Commission (NICC).
3. Queensland (QLD): The Queensland Office of Liquor and Gaming Regulation (QOLGR) keeps the games fair and everyone licensed.
Other Gambling Regulators
4. Australian Capital Territory (ACT): The Gambling and Racing Commission is your one-stop shop for all things gambling in the ACT, from licensing and compliance to educating players about responsible gaming.
5. South Australia (SA): Consumer and Business Services within the Attorney-General’s Department handles the policy, licenses, and rules for everything from betting to casinos. The Lotteries Commission of South Australia, under the Auditor General, runs the lottery scene and keeps things fair.
6. Tasmania (TAS): The Tasmanian Liquor and Gaming Commission is your trusted guide here, ensuring everyone plays by the rules and has a safe, enjoyable experience.
7. Western Australia (WA): The Western Australian Department of Racing, Gaming and Liquor wears all the hats, crafting policies, issuing licenses, and making sure everyone follows the rules.
8. Northern Territory (NT): The following laws regulate gambling and betting in the Northern Territory
- Gaming Control Act 1993
- Gaming Machine Act 1995
- Totalisator Licensing and Regulation Act 2000
- Racing and Betting Act 1983
Click here to read more about gambling and racing regulations under the Norther Teritory Government
Importance of Seeking Legal Advice
Unlawful gambling often involves shady characters and unscrupulous practices. JB Solicitors can help you navigate these tricky situations and protect yourself from exploitation. Our criminal lawyers can ensure you understand your rights and responsibilities, and advise you on how to avoid being taken advantage of.
Contact us today if you have more questions about unlawful gambling.
