Crimes Amendment (Cheating at Gambling) Act 2012 (NSW)

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 gamblingDivision 1Preliminary193HCorrupting 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  cause a bet to be placed, accepted or withdrawn.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 2Offences193NEngage 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(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

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.