Criminal Code (Cheating at Gambling) Amendment Act 2013 (ACT)

Case

Criminal Code (Cheating at Gambling) Amendment Act 2013

A2013-26

Contents

Page

1            Name of Act  2

2            Commencement  2

3            Legislation amended  2

4            Definitions—conduct and engage in conductSection 13, definition of conduct, new note  2

5            Definitions—ch 3Section 300, definition of obtain, note  2

6            New part 3.8A  3

7           Dictionary, new definition of bet  8

8            Dictionary, definition of cause  8

9            Dictionary, definition of conduct  8

10          Dictionary, new definitions  9

11          Dictionary, definition of obtain  9

Criminal Code (Cheating at Gambling) Amendment Act 2013

A2013-26

An Act to amend the Criminal Code 2002

The Legislative Assembly for the Australian Capital Territory enacts as follows:

  1. Name of Act

    This Act is the Criminal Code (Cheating at Gambling) Amendment Act 2013.

  2. Commencement

    This Act commences on the day after its notification day.

    NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

  3. Legislation amended

    This Act amends the Criminal Code 2002.

  4. Definitions—conduct and engage in conduct
    Section 13, definition of conduct, new note

    insert

    NoteSection 363A (Definitions—pt 3.8A) affects the meaning of conduct.

  5. Definitions—ch 3
    Section 300, definition of obtain, note

    insert

    ·s 363D (Meaning of obtain—pt 3.8A).

  6. New part 3.8A

    insert

Part 3.8ACheating at gambling

Division 3.8A.1        Interpretation—pt 3.8A

363ADefinitions—pt 3.8A

(1)In this part:

bet, by a person on an event, includes placement, acceptance or withdrawal of a bet by the person on the event.

cause, in relation to an occurrence or state of affairs—see section 363B.

conduct means an act or an omission to do an act.

corrupts a betting outcome—see section 363C.

encourage, a person, includes command, request, propose, advise, incite, induce, persuade, authorise, urge, threaten or place pressure on the person.

event means an event, or contingency connected to an event, (in the ACT or elsewhere) on which it is lawful to bet under a territory law or a law of a State or the Commonwealth.

financial advantage means a permanent or temporary financial advantage.

financial disadvantage means a permanent or temporary financial disadvantage.

obtain—see section 363D.

(2)The definition of conduct in section 13 does not apply to this part.

363BMeaning of cause—pt 3.8A

(1)In this part:

cause, in relation to an occurrence or state of affairs, means substantially contribute (directly or indirectly) to making the occurrence or state of affairs happen.

(2)The definition of cause in section 300 does not apply to this part.

363CMeaning of corrupts a betting outcome—pt 3.8A

In this part:

corrupts a betting outcome—conduct corrupts a betting outcome for an event if the conduct affects or is likely to affect the outcome of any type of betting on the event contrary to the standards of integrity reasonably expected of a person in a position to affect the outcome of any type of betting on the event.

363DMeaning of obtain—pt 3.8A

(1)In this part:

obtain includes—

(a)get or keep for oneself (directly or indirectly); or

(b)get or keep for another person (directly or indirectly).

(2)The definition of obtain in section 300 does not apply to this part.

363EProof of certain matters not required for offences against part 3.8A

(1)In a proceeding for an offence against section 363F, a person (the accused person) is taken to intend obtaining a financial advantage or causing a financial disadvantage in connection with a bet on an event if, and only if, it is proved that the accused person—

(a)intended to obtain a financial advantage or cause financial disadvantage in connection with betting on the event; or

(b)was aware that another person intended to obtain a financial advantage or cause financial disadvantage in connection with betting on the event, as a result of the conduct that the accused person engaged in.

(2)In a proceeding for an offence against section 363F, it is not necessary to prove that a financial advantage was actually obtained or a financial disadvantage was actually caused.

(3)In a proceeding for an offence against section 363G or section 363H it is not necessary to prove that—

(a)a bet by a person was made personally by the person; or

(b)a person who was encouraged to bet, or to whom information was communicated, in relation to an event actually bet on the event; or

(c)a person who was encouraged to bet was encouraged to bet in a particular way.

Division 3.8A.2        Offences—pt 3.8A

363FConduct that corrupts betting outcome

A person (the first person) commits an offence if—

(a)the first person engages in conduct; and

(b)the conduct corrupts a betting outcome on an event; and

(c)the  first person is reckless about whether the conduct corrupts a betting outcome for the event; and

NoteThe fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see s 20 (4)).

(d)the first person intends—

(i)obtaining a financial advantage for the first person or another person from a bet on the event; or

(ii)causing a financial disadvantage to another person who bets on the event.

Maximum penalty:  imprisonment for 10 years.

363GBet with information about corrupt betting outcome

(1)A person (the first person) commits an offence if—

(a)the first person engages in conduct that results in—

(i)a bet by the first person on an event; or

(ii)another person being encouraged to bet on an event; or

(iii)information being communicated to another person who the first person knows would, or would be likely to, bet on an event; and

(b)at the time of the conduct the first person—

(i)possesses corrupt conduct information for the event; and

(ii)is reckless about whether the information is corrupt conduct information.

NoteThe fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see s 20 (4)).

Maximum penalty:  imprisonment for 10 years.

(2)In this section:

corrupt conduct information, for an event, means information about—

(a)conduct that corrupts a betting outcome for the event; or

(b)proposed conduct that would corrupt a betting outcome for the event.

363HBet with inside information

(1)A person (the first person) commits an offence if—

(a)the first person engages in conduct that results in—

(i)a bet by the first person on an event; or

(ii)another person being encouraged to bet on an event; or

(iii)information being communicated to another person who the first person knows would, or would be likely to, bet on an event; and

(b)at the time of the conduct the first person—

(i)possesses inside information for the event; and

(ii)is reckless about whether the information is inside information.

NoteThe fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see s 20 (4)).

Maximum penalty:  imprisonment for 2 years.

(2)In this section:

generally available—information is generally available if it—

(a)consists of matter that is readily observable by the public; or

(b)has been made known in a way that would, or would be likely to, bring it to the attention of the public; or

(c)consists of deductions, conclusions or inferences made or drawn from information mentioned in paragraph (a) or (b).

inside information, about an event, means information that—

(a)is not generally available; and

(b)if it were generally available, would, or would be likely to, influence a person who would commonly bet on the event in deciding—

(i)whether or not to bet on the event; or

(ii)any other betting decision.

  1. Dictionary, new definition of bet

    insert

    bet, by a person on an event, for part 3.8A (Cheating at gambling)—see section 363A.

  2. Dictionary, definition of cause

    substitute

    cause—

    (a)for chapter 3 (Theft, fraud, bribery and related offences) other than part 3.8A (Cheating at gambling)—see section 300; and

    (b)for part 3.8A (Cheating at gambling)—see section 363B.

  3. Dictionary, definition of conduct

    substitute

    conduct—

    (a)for the Act (other than part 3.8A (Cheating at gambling))—see section 13; and

    (b)for part 3.8A (Cheating at gambling)—see section 363A.

  4. Dictionary, new definitions

    insert

    corrupts a betting outcome, for part 3.8A (Cheating at gambling)—see section 363C.

    encourage, for part 3.8A (Cheating at gambling)—see section 363A.

    event, for part 3.8A (Cheating at gambling)—see section 363A.

    financial advantage, for part 3.8A (Cheating at gambling)—see section 363A.

    financial disadvantage, for part 3.8A (Cheating at gambling)—see section 363A.

  5. Dictionary, definition of obtain

    substitute

    obtain—

    (a)for chapter 3 (Theft, fraud, bribery and related offences) other than part 3.8A (Cheating at gambling)—see section 300; and

    (b)for part 3.8A (Cheating at gambling)—see section 363D.

Endnotes

  1. Presentation speech

    Presentation speech made in the Legislative Assembly on 6 June 2013.

  2. Notification

    Notified under the Legislation Act on 20 August 2013.

  3. Republications of amended laws

    For the latest republication of amended laws, see certify that the above is a true copy of the Criminal Code (Cheating at Gambling) Amendment Bill 2013, which was passed by the Legislative Assembly on 6 August 2013.

    Clerk of the Legislative Assembly

    © Australian Capital Territory 2013

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