{"id":"a-2009-39","name":"Unlawful Gambling Act 2009","slug":"unlawful-gambling-act-2009","collection":"act","jurisdiction":"act","status":"in_force","isInForce":true,"actNumber":"39 of 2009","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":24552,"registerId":"act-a-2009-39-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Unlawful Gambling Act 2009","content":"Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUnlawful Gambling Act 2009\nA2009-39\nRepublication No 5\nEffective: 26 November 2025\nRepublication date: 26 November 2025\nLast amendment made by A2025-29\n\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAbout this republication\nThe republished law\nThis is a republication of the Unlawful Gambling Act 2009 (including any amendment made\nunder the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025.\nIt also includes any commencement, amendment, repeal or expiry affecting this republished law\nto 26 November 2025.\nThe legislation history and amendment history of the republished law are set out in endnotes 3\nand 4.\nKinds of republications\nThe Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT\nlegislation register at www.legislation.act.gov.au):\n• authorised republications to which the Legislation Act 2001 applies\n• unauthorised republications.\nThe status of this republication appears on the bottom of each page.\nEditorial changes\nThe Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial\namendments and other changes of a formal nature when preparing a law for republication.\nEditorial changes do not change the effect of the law, but have effect as if they had been made by\nan Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The\nchanges are made if the Parliamentary Counsel considers they are desirable to bring the law into\nline, or more closely into line, with current legislative drafting practice.\nThis republication includes amendments made under part 11.3 (see endnote 1).\nUncommenced provisions and amendments\nIf a provision of the republished law has not commenced, the symbol U appears immediately\nbefore the provision heading. Any uncommenced amendments that affect this republished law\nare accessible on the ACT legislation register (www.legislation.act.gov.au). For more\ninformation, see the home page for this law on the register.\nModifications\nIf a provision of the republished law is affected by a current modification, the\nsymbol M appears immediately before the provision heading. The text of the modifying\nprovision appears in the endnotes. For the legal status of modifications, see the Legislation\nAct 2001, section 95.\nPenalties\nAt the republication date, the value of a penalty unit for an offence against this law is $160 for an\nindividual and $810 for a corporation (see Legislation Act 2001, s 133).\n\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\ncontents 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUnlawful Gambling Act 2009\nContents\nPage\nPart 1 Preliminary\n1 Name of Act 2\n3 Dictionary 2\n4 Notes 2\n5 Offences against Act—application of Criminal Code etc 3\nPart 2 Important concepts\n6 Meaning of betting and unlawful betting 4\n7 Meaning of unlawful game 4\n8 Meaning of unlawful gambling 4\n9 Meaning of exempt game 5\n10 Meaning of exempt private game 5\nPart 3 Approval to conduct game\n11 Application for approval to conduct game 7\n\nContents\nPage\ncontents 2 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n12 Decision on application 7\n13 Suitability of applicant to hold approval 8\n14 Form of approval 10\n15 Conditions of approval 11\n16 Term of approval 12\n17 Application for amendment of approval 12\n18 Decision on application for amendment of approval 12\n19 Cancellation of approval 13\nPart 4 Exempt two-up games\n20 Meaning of exempt two-up game 14\n21 Conducting exempt two-up game 14\n22 When charge etc may be imposed 15\nPart 5 Offences\n23 Cheating 16\n24 Arranging unlawful gambling 17\n25 Conducting unlawful gambling 17\n26 Owning etc place used for unlawful gambling 17\n27 Advertising etc unlawful gambling or place where unlawful gambling\nconducted 18\n28 Inviting child to bet 18\n29 Participating in unlawful gambling 19\n30 Receiving proceeds from unlawful gambling 19\n31 Possessing instrument of gambling 19\n32 Failing to comply with condition of approval to conduct game 20\n33 Failing to comply with requirements about charge etc for exempt two-\nup game 20\n34 Criminal liability of executive officers 21\nPart 6 Seizure and forfeiture of instruments of\ngambling\n35 Seizure of instruments of gambling 23\n36 Receipt for seized instrument of gambling 23\n37 Return of seized instruments of gambling 24\n38 Application for order disallowing seizure 24\n\nContents\nPage\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\ncontents 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n39 Order disallowing seizure 25\n40 Adjournment pending hearing of other proceeding 25\n41 Forfeiture of seized instrument of gambling 26\n42 Forfeiture of instrument of gambling etc if found guilty of offence\nagainst Act 26\n43 Cost of disposal of things forfeited 27\nPart 7 Notification and review of decisions\n44 Meaning of reviewable decision—pt 7 28\n45 Reviewable decision notices 28\n46 Applications for review 28\nPart 8 Miscellaneous\n47 Unlawful gambling agreements void 29\n48 Determination of fees 29\n49 Regulation-making power 29\nSchedule 1 Reviewable decisions 30\nDictionary 31\nEndnotes\n1 About the endnotes 33\n2 Abbreviation key 33\n3 Legislation history 34\n4 Amendment history 35\n5 Earlier republications 37\n\n\n\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 1\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nAustralian Capital Territory\nUnlawful Gambling Act 2009\nAn Act relating to unlawful gambling, and for other purposes\n\nPart 1 Preliminary\nSection 1\npage 2 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 1 Preliminary\n1 Name of Act\nThis Act is the Unlawful Gambling Act 2009.\n3 Dictionary\nThe dictionary at the end of this Act is part of this Act.\nNote 1 The dictionary at the end of this Act defines certain terms used in this\nAct, and includes references (signpost definitions) to other terms defined\nelsewhere in this Act.\nFor example, the signpost definition ‘gaming equipment—see the\nControl Act, dictionary.’ means that the term ‘gaming equipment’ is\ndefined in that dictionary and the definition applies to this Act.\nNote 2 A definition in the dictionary (including a signpost definition) applies to\nthe entire Act unless the definition, or another provision of the Act,\nprovides otherwise or the contrary intention otherwise appears (see\nLegislation Act, s 155 and s 156 (1)).\n4 Notes\nA note included in this Act is explanatory and is not part of this Act.\nNote See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.\n\nPreliminary Part 1\nSection 5\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 3\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Offences against Act—application of Criminal Code etc\nOther legislation applies in relation to offences against this Act.\nNote 1 Criminal Code\nThe Criminal Code, ch 2 applies to all offences against this Act (see\nCode, pt 2.1).\nThe chapter sets out the general principles of criminal responsibility\n(including burdens of proof and general defences), and defines terms used\nfor offences to which the Code applies (eg conduct, intention,\nrecklessness and strict liability).\nNote 2 Penalty units\nThe Legislation Act, s 133 deals with the meaning of offence penalties\nthat are expressed in penalty units.\n\nPart 2 Important concepts\nSection 6\npage 4 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 2 Important concepts\n6 Meaning of betting and unlawful betting\nIn this Act:\nbetting includes the placing or accepting of bets.\nunlawful betting means betting that is not authorised under this Act\nor another gaming law.\n7 Meaning of unlawful game\n(1) In this Act:\nunlawful game—\n(a) means—\n(i) a game of chance, or of mixed chance and skill, in which\nmoney or any other valuable thing is offered as a prize or\nis staked or risked (by a participant or someone else) on an\nevent or contingency; or\n(ii) a game declared by the commission under subsection (2);\nbut\n(b) does not include an exempt game.\n(2) The commission may declare a game to be an unlawful game.\n(3) A declaration is a disallowable instrument.\n8 Meaning of unlawful gambling\nIn this Act:\nunlawful gambling means—\n(a) the playing or conduct of an unlawful game; or\n(b) unlawful betting.\n\nImportant concepts Part 2\nSection 9\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 5\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n9 Meaning of exempt game\n(1) In this Act:\nexempt game means any of the following:\n(a) a game that is authorised under another territory law;\n(b) an exempt private game;\n(c) a game conducted in accordance with an approval under part 3;\n(d) an exempt two-up game;\n(e) a game declared by the commission under subsection (2).\n(2) The commission may declare a game to be an exempt game.\n(3) A declaration is a disallowable instrument.\n10 Meaning of exempt private game\n(1) In this Act:\nexempt private game means a game that is conducted—\n(a) by a person in the person’s home; and\n(b) otherwise than for a commercial purpose; and\n(c) so that—\n(i) the only way a participant in the game can make a profit or\ngain any other benefit as a result of the conduct of the game\nis by winning a bet; and\n(ii) the rules of the game provide the same chance of winning\na bet for all participants; and\n(d) in accordance with any conditions prescribed by regulation.\n\nPart 2 Important concepts\nSection 10\npage 6 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) Without limiting when a game is conducted for a commercial\npurpose, a game is taken to be conducted for a commercial purpose\nif—\n(a) a fee is charged to participate in the game or to enter the place\nwhere the game is conducted (other than a fee intended to cover\nthe reasonable cost of food or beverages provided at the place);\nor\n(b) a charge, commission or fee is deducted from any amount bet or\nwon by a participant in the game.\n(3) In this section:\nhome, of a person, means the place where the person usually lives.\n\nApproval to conduct game Part 3\nSection 11\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 7\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 3 Approval to conduct game\n11 Application for approval to conduct game\n(1) A charitable organisation may apply in writing to the commission for\napproval to conduct a game.\n(2) The commission may, by written notice given to an applicant, require\nthe applicant to give the commission, within a stated reasonable time,\nadditional information or documents that the commission reasonably\nneeds to decide the application.\nExamples\n1 information about where the game is to be conducted\n2 information about when the game is to be conducted\n3 information about the amount (if any) that the applicant intends to retain from\nthe funds raised to cover the cost of conducting the game\n4 information to establish that the applicant is a charitable organisation\n12 Decision on application\n(1) On an application for approval under section 11, the commission\nmust—\n(a) approve the conduct of the game; or\n(b) refuse to approve the conduct of the game.\n(2) The commission must refuse to approve the conduct of the game\nunless satisfied that—\n(a) the charitable organisation is a suitable organisation to hold an\napproval; and\n(b) the rules of the game are fair and reasonable; and\n(c) the rules and method of conduct of the game can be easily\nunderstood by participants; and\n(d) the primary purpose of conducting the game is to raise funds for\na stated entity for a stated charitable purpose; and\n\nPart 3 Approval to conduct game\nSection 13\npage 8 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(e) the charitable organisation is to be responsible for the promotion\nand conduct of—\n(i) the game; and\n(ii) the event at which it is to be conducted; and\n(f) the game is not to be conducted at a place that is a gambling\nfacility of a licensee; and\n(g) the approval would not result in the charitable organisation\nhaving approval to conduct games at 3 or more events in a\n12-month period; and\n(h) any other criteria prescribed by regulation are met in relation to\nthe application.\n(3) Subsection (2) does not limit the matters the commission may\nconsider.\n(4) The commission’s approval may be given subject to conditions.\n(5) In this section:\ngambling facility—see the Gambling and Racing Control (Code of\nPractice) Regulation 2002, dictionary.\nlicensee—see the Gambling and Racing Control (Code of Practice)\nRegulation 2002, section 5, paragraphs (a) to (e).\n13 Suitability of applicant to hold approval\n(1) In deciding whether an applicant is a suitable organisation to hold an\napproval, the commission may have regard to any relevant matter,\nincluding the following:\n(a) the business reputation of the organisation;\n(b) the character and business reputation of anyone who—\n(i) is a member of the organisation’s management committee;\nor\n\nApproval to conduct game Part 3\nSection 13\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 9\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(ii) the organisation proposes to engage to assist it to promote\nor conduct the game or the event at which it is to be\nconducted;\n(c) the financial background and current financial position of the\norganisation;\n(d) the financial background and current financial position of\nanyone who—\n(i) is a member of the organisation’s management committee;\nor\n(ii) the organisation proposes to engage to assist it to promote\nor conduct the game or the event at which it is to be\nconducted;\n(e) anything else prescribed by regulation.\n(2) An applicant is taken not to be a suitable organisation to hold an\napproval if—\n(a) the applicant has been refused approval, or had an approval\ncancelled, at any time in the 12 months before the application is\nmade; or\n(b) the applicant, or an agent or employee of the applicant, has at\nany time in the 5 years before the application is made,\ncontravened this Act or a condition of an approval (whether or\nnot convicted or found guilty of an offence in relation to the\ncontravention).\n(3) However, despite subsection (2), the commission may decide that the\napplicant is a suitable organisation to hold an approval if satisfied\nthat—\n(a) the conduct of the game would not be adversely affected if the\ncommission decided that the applicant was a suitable\norganisation to hold the approval; and\n\nPart 3 Approval to conduct game\nSection 14\npage 10 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(b) it is otherwise in the public interest that the conduct of the game\nbe approved.\n14 Form of approval\n(1) An approval must—\n(a) be in writing; and\n(b) identify or describe—\n(i) the game approved to be conducted under the approval; and\n(ii) the event at which it is to be conducted; and\n(c) state—\n(i) the name and address of the charitable organisation to\nwhich the approval is given; and\n(ii) the name of the person within the organisation who is\nresponsible for the event; and\n(iii) the name and address of the entity (if any) the organisation\nproposes to engage to assist it to conduct the game or the\nevent at which it is to be conducted; and\n(iv) the period for which the approval is given; and\n(v) any conditions under section 12 or section 18 to which the\napproval is subject; and\n(vi) an identifying number given by the commission for the\napproval.\n(2) An approval may include anything else the commission considers\nrelevant.\n\nApproval to conduct game Part 3\nSection 15\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 11\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n15 Conditions of approval\nAn approval given to a charitable organisation is subject to the\nfollowing conditions:\n(a) the organisation is to be responsible for the promotion and\nconduct of—\n(i) the game; and\n(ii) the event at which it is to be conducted;\n(b) the percentage disclosed under paragraph (c), or more, of the\nfunds raised by the event must be given to the entity and\ncharitable purpose stated in the application;\n(c) the minimum percentage of funds raised by the event that is to\nbe given to the stated entity and charitable purpose must be\nclearly disclosed to the public—\n(i) in all promotional material for the game and the event at\nwhich it is to be conducted; and\n(ii) at all places where tickets for the event can be obtained;\nand\n(iii) while the game is being conducted—at the place where it\nis being conducted;\n(d) the identifying number given by the commission for the\napproval must be included—\n(i) in all promotional material for the game and the event at\nwhich it is to be conducted; and\n(ii) on all tickets for the event;\n(e) the game must be conducted in a competent and fair manner;\n(f) the game must be conducted by a person who is 18 years old or\nolder;\n(g) each participant in the game must be 18 years old or older;\n\nPart 3 Approval to conduct game\nSection 16\npage 12 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(h) the organisation must keep a record of any information\nprescribed by regulation;\n(i) the organisation must comply with any code of practice\nprescribed under the Control Act that applies to the organisation;\n(j) the organisation must continue to be a charitable organisation;\n(k) any condition imposed by the commission under section 12 or\nsection 18;\n(l) any condition prescribed by regulation.\n16 Term of approval\nAn approval is given for the period, not longer than 12 months, stated\nin the approval.\n17 Application for amendment of approval\n(1) A charitable organisation may apply in writing to the commission for\namendment of the organisation’s approval.\n(2) The commission may, by written notice given to the applicant, require\nthe applicant to give the commission, within a stated reasonable time,\nadditional information or documents that the commission reasonably\nneeds to decide the application.\n18 Decision on application for amendment of approval\n(1) On application under section 17, the commission must—\n(a) amend the approval; or\n(b) refuse to amend the approval.\n(2) In deciding whether to amend the approval, the commission must\nhave regard to the matters mentioned in section 12 (2) and (3)\n(Decision on application) as if the application were an application for\nan approval.\n\nApproval to conduct game Part 3\nSection 19\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 13\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) An amendment of an approval has effect only if the amendment is\nstated in the approval.\n(4) To remove any doubt, the amendment of an approval under this\nsection may include the imposition of a condition on the approval and\nthe amendment of a condition to which the approval is subject.\n19 Cancellation of approval\nThe commission may cancel an approval if the commission believes\non reasonable grounds that the charitable organisation holding the\napproval has failed to comply with the approval or a condition of the\napproval.\n\nPart 4 Exempt two-up games\nSection 20\npage 14 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 4 Exempt two-up games\n20 Meaning of exempt two-up game\nIn this Act:\nexempt two-up game means a two-up game—\n(a) played on 25 April (Anzac Day) in any year; and\n(b) conducted in accordance with section 21.\n21 Conducting exempt two-up game\nA two-up game is conducted in accordance with this section if—\n(a) the game is conducted with the permission of the owner or\nperson in charge of the place where the game is conducted; and\n(b) the game is conducted by a person who is 18 years old or older;\nand\n(c) each participant in the game is 18 years old or older; and\n(d) if there is a prize pool for the game—the prize pool comprises\nall bets placed by players without the deduction of any charge,\ncommission or fee; and\n(e) subject to section 22, people may observe or participate in the\ngame free of any charge, commission or fee; and\n(f) the game is conducted in accordance with any condition\nprescribed by regulation.\n\nExempt two-up games Part 4\nSection 22\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 15\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n22 When charge etc may be imposed\nFor section 21 (e), a person conducting an exempt two-up game may\nimpose a charge, commission or fee for observing or participating in\nthe game only if the person—\n(a) has the permission of the owner or person in charge of the place\nwhere the game is conducted to impose the charge, commission\nor fee; and\n(b) tells each person paying the charge, commission or fee the\npurpose for which it is sought; and\n(c) gives all payments or benefits received from imposing the\ncharge, commission or fee to an entity for a charitable purpose;\nand\n(d) complies with any condition prescribed by regulation in relation\nto the charge, commission or fee.\n\nPart 5 Offences\nSection 23\npage 16 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 5 Offences\n23 Cheating\nA person commits an offence if—\n(a) the person—\n(i) participates in a game of chance, or of mixed chance and\nskill, in which money or any other valuable thing is offered\nas a prize or is staked or risked (by a participant or someone\nelse) on an event or contingency; or\n(ii) otherwise places or accepts a bet; and\n(b) the person dishonestly—\n(i) obtains for the person or someone else money, benefit,\nadvantage, valuable consideration or security; or\n(ii) induces someone to deliver, give or credit to the person or\nsomeone else money, benefit, advantage, valuable\nconsideration or security; and\n(c) the person does so by—\n(i) trick, device, sleight of hand or representation; or\n(ii) a scheme or practice; or\n(iii) the use of—\n(A) an instrument of gambling; or\n(B) anything else.\nNote Instrument of gambling—see the dictionary.\nMaximum penalty: 200 penalty units, 2 years imprisonment or both.\n\nOffences Part 5\nSection 24\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 17\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n24 Arranging unlawful gambling\nA person commits an offence if the person arranges an unlawful game\nor unlawful betting.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n25 Conducting unlawful gambling\n(1) A person commits an offence if the person conducts an unlawful\ngame or unlawful betting.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n(2) A person commits an offence if—\n(a) the person conducts an unlawful game or unlawful betting; and\n(b) another person under 18 years old participates in the unlawful\ngame or unlawful betting.\nMaximum penalty: 200 penalty units, imprisonment for 2 years or\nboth.\n26 Owning etc place used for unlawful gambling\nA person commits an offence if—\n(a) the person is the owner or person in charge of a place being used\nfor the conduct of an unlawful game or unlawful betting; and\n(b) the person knows the place is being used for the conduct of an\nunlawful game or unlawful betting.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n\nPart 5 Offences\nSection 27\npage 18 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n27 Advertising etc unlawful gambling or place where\nunlawful gambling conducted\nA person commits an offence if the person—\n(a) places, displays or broadcasts an advertisement for—\n(i) an unlawful game or unlawful betting; or\n(ii) a place being used, or to be used, for the conduct of an\nunlawful game or unlawful betting; or\n(b) does anything else that promotes, or entices a person to\nparticipate in, an unlawful game or unlawful betting.\nMaximum penalty: 50 penalty units.\n28 Inviting child to bet\n(1) A person commits an offence if the person sends to someone the\nperson knows is a child a document that invites, or may reasonably\nbe implied to invite, the child to—\n(a) make a bet; or\n(b) enter into or take a share or interest in a bet; or\n(c) apply to someone or at a place to obtain information or advice\nin relation to a bet.\nMaximum penalty: 50 penalty units.\n(2) In this section:\nbet does not include—\n(a) a bet that is part of a game declared by the commission under\nsection 9 (2); or\n(b) the buying of a raffle ticket.\n\nOffences Part 5\nSection 29\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 19\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n29 Participating in unlawful gambling\n(1) A person commits an offence if—\n(a) the person participates in an unlawful game; and\n(b) the person knows the game is an unlawful game.\nMaximum penalty: 50 penalty units.\n(2) A person commits an offence if—\n(a) the person participates in unlawful betting; and\n(b) the person knows the betting is unlawful betting.\nMaximum penalty: 50 penalty units.\n30 Receiving proceeds from unlawful gambling\nA person commits an offence if—\n(a) the person receives proceeds from the conduct of an unlawful\ngame or unlawful betting; and\n(b) the person knows the proceeds are from the conduct of an\nunlawful game or unlawful betting.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n31 Possessing instrument of gambling\n(1) A person commits an offence if—\n(a) the person possesses an instrument of gaming; and\n(b) the person possesses the instrument for a purpose related to the\nconduct or proposed conduct of an unlawful game.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n\nPart 5 Offences\nSection 32\npage 20 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(2) A person commits an offence if—\n(a) the person possesses an instrument of betting; and\n(b) the person possesses the instrument for a purpose related to the\nconduct or proposed conduct of unlawful betting.\nMaximum penalty: 100 penalty units, imprisonment for 1 year or\nboth.\n32 Failing to comply with condition of approval to conduct\ngame\n(1) A person commits an offence if—\n(a) the person conducts a game under an approval; and\n(b) the person fails to comply with a condition under section 15\n(Conditions of approval) in relation to the game.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n33 Failing to comply with requirements about charge etc for\nexempt two-up game\n(1) A person commits an offence if—\n(a) the person conducts a two-up game on 25 April (Anzac Day) in\na year; and\n(b) the person imposes a charge, commission or fee for observing\nor participating in the game; and\n(c) the person fails to comply with section 22 in relation to the\ncharge, commission or fee.\nMaximum penalty: 50 penalty units.\n(2) An offence against this section is a strict liability offence.\n\nOffences Part 5\nSection 34\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 21\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n34 Criminal liability of executive officers\n(1) An executive officer of a corporation commits an offence if—\n(a) the corporation commits a relevant offence; and\n(b) the officer was reckless about whether the relevant offence\nwould be committed; and\n(c) the officer was in a position to influence the conduct of the\ncorporation in relation to the commission of the relevant\noffence; and\n(d) the officer failed to take reasonable steps to prevent the\ncommission of the relevant offence.\nMaximum penalty: The maximum penalty that may be imposed for\nthe commission of the relevant offence by an individual.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the commission of the relevant offence, a\ncourt must consider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent that the action is relevant to the act or\nomission):\n(i) that the corporation arranges regular professional\nassessments of the corporation’s compliance with the\nprovision to which the relevant offence relates;\n(ii) that the corporation implements any appropriate\nrecommendation arising from such an assessment;\n(iii) that the corporation’s employees, agents and contractors\nhave a reasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\nrelevant offence relates;\n(b) any action the officer took when the officer became aware that\nthe relevant offence was, or might be, about to be committed.\n\nPart 5 Offences\nSection 34\npage 22 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) Subsection (1) does not apply if the corporation would have a defence\nto a prosecution for the relevant offence.\nNote The defendant has an evidential burden in relation to the matters\nmentioned in s (4) (see Criminal Code, s 58).\n(5) This section applies whether or not the corporation is prosecuted for,\nor convicted of, the relevant offence.\n(6) In this section:\nexecutive officer, of a corporation, means a person, by whatever\nname called and whether or not the person is a director of the\ncorporation, who is concerned with, or takes part in, the corporation’s\nmanagement.\nrelevant offence means an offence against any of the following:\n(a) section 23 (Cheating);\n(b) section 24 (Arranging unlawful gambling);\n(c) section 25 (Conducting unlawful gambling);\n(d) section 26 (Owning etc place used for unlawful gambling);\n(e) section 27 (Advertising etc unlawful gambling or place where\nunlawful gambling conducted);\n(f) section 30 (Receiving proceeds from unlawful gambling);\n(g) section 31 (Possessing instrument of gambling).\n\nSeizure and forfeiture of instruments of gambling Part 6\nSection 35\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 23\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 6 Seizure and forfeiture of\ninstruments of gambling\n35 Seizure of instruments of gambling\nAn authorised officer may seize an instrument of gambling if the\nofficer believes on reasonable grounds that it has been, is being, or is\nlikely to be used for a purpose related to the conduct or operation of\nan unlawful game or unlawful betting.\nNote For the powers of entry and inspection of authorised officers—see the\nControl Act, div 4.2 (Powers of investigation).\n36 Receipt for seized instrument of gambling\n(1) As soon as practicable after an authorised officer seizes an instrument\nof gambling under section 35, the officer must give a receipt for it to\nthe person from whom it was seized.\n(2) If, for any reason, it is not practicable to comply with subsection (1),\nthe authorised officer must leave the receipt, secured conspicuously\nat the place where the instrument of gambling was seized.\n(3) A receipt under this section must include the following:\n(a) a description of the instrument of gambling;\n(b) an explanation of why the instrument was seized;\n(c) an explanation of the person’s right to apply to a court under\nsection 38 for an order disallowing the seizure;\n(d) where the instrument of gambling is to be taken;\n(e) the authorised officer’s name and information about how to\ncontact the officer.\n\nPart 6 Seizure and forfeiture of instruments of gambling\nSection 37\npage 24 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n37 Return of seized instruments of gambling\n(1) An instrument of gambling seized under section 35 must be returned\nto its owner, or reasonable compensation must be paid to the owner\nby the Territory for the loss of the instrument, unless—\n(a) a prosecution for an offence against a territory law in connection\nwith the instrument is begun within 1 year after the day the\nseizure is made and the instrument is required to be produced in\nevidence in the prosecution; or\n(b) an application for the forfeiture of the seized instrument is made\nto a court under the Confiscation of Criminal Assets Act 2003 or\nanother territory law within 1 year after the day the seizure is\nmade; or\n(c) all proceedings in relation to the offence with which the seizure\nwas connected have ended and the court has made an order about\nthe instrument.\n(2) However, this section does not apply to an instrument of gambling—\n(a) if the commission believes on reasonable grounds that the only\npractical use of the instrument in relation to the premises where\nit was seized would be an offence against this Act; or\n(b) if possession of it by its owner would be an offence.\n38 Application for order disallowing seizure\n(1) A person claiming to be entitled to an instrument of gambling seized\nunder section 35 may apply to the Magistrates Court within 1 year\nafter the day of the seizure for an order disallowing the seizure.\n(2) The application may be heard only if the applicant has served a copy\nof the application on the commission.\n(3) The commission is entitled to appear as respondent at the hearing of\nthe application.\n\nSeizure and forfeiture of instruments of gambling Part 6\nSection 39\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n39 Order disallowing seizure\n(1) On an application under section 38, the Magistrates Court must make\nan order disallowing the seizure if satisfied that—\n(a) the applicant would, apart from the seizure, be entitled to the\nreturn of the seized instrument of gambling; and\n(b) the instrument of gambling is not connected with the conduct or\noperation of an unlawful game or unlawful betting; and\n(c) possession of the instrument of gambling by the person would\nnot be an offence.\n(2) The Magistrates Court may also make an order disallowing the\nseizure if satisfied there are exceptional circumstances justifying the\nmaking of the order.\n(3) If the Magistrates Court makes an order disallowing the seizure, the\ncourt may make 1 or more of the following ancillary orders:\n(a) an order directing the commission to return the instrument of\ngambling to the applicant or to someone else who appears to be\nentitled to it;\n(b) if the instrument of gambling cannot be returned or has\ndepreciated in value because of the seizure—an order directing\nthe Territory to pay reasonable compensation;\n(c) an order about the payment of costs in relation to the application.\n40 Adjournment pending hearing of other proceeding\n(1) This section applies to the hearing of an application under section 38\n(Application for order disallowing seizure).\n(2) If it appears to the Magistrates Court that the seized instrument of\ngambling is required to be produced in evidence in a pending\nproceeding in relation to an offence against a territory law, the court\nmay, on the application of the commission or its own initiative,\nadjourn the hearing until the end of that proceeding.\n\nPart 6 Seizure and forfeiture of instruments of gambling\nSection 41\npage 26 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n41 Forfeiture of seized instrument of gambling\n(1) This section applies if—\n(a) an instrument of gambling seized under section 35 has not been\nreturned under section 37; and\n(b) an application for disallowance of the seizure under\nsection 38—\n(i) has not been made within 1 year after the day the seizure is\nmade; or\n(ii) has been made within 1 year after the day the seizure is\nmade, and the application has been refused or withdrawn\nbefore a decision in relation to the application has been\nmade.\n(2) If this section applies to the seized instrument of gambling the\ninstrument—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ncommission directs.\n42 Forfeiture of instrument of gambling etc if found guilty of\noffence against Act\nIf a person is convicted, or found guilty, of an offence against this\nAct, any instrument of gambling or other article used by the person\nin the commission of the offence, or to which the offence relates—\n(a) is forfeited to the Territory; and\n(b) may be sold, destroyed or otherwise disposed of as the\ncommission considers appropriate.\n\nSeizure and forfeiture of instruments of gambling Part 6\nSection 43\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 27\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n43 Cost of disposal of things forfeited\n(1) This section applies if—\n(a) a person is convicted, or found guilty, of an offence against this\nAct in relation to something forfeited to the Territory under\nthis part; and\n(b) the thing is connected with an offence against this Act; and\n(c) the person was the owner of the thing immediately before its\nforfeiture.\nNote Found guilty—see the Legislation Act, dict, pt 1.\n(2) If this section applies, costs incurred by or on behalf of the Territory\nin relation to the lawful disposal of the thing (including storage costs)\nare a debt owing to the Territory by the person.\n\nPart 7 Notification and review of decisions\nSection 44\npage 28 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 7 Notification and review of\ndecisions\n44 Meaning of reviewable decision—pt 7\nIn this part:\nreviewable decision means a decision mentioned in\nschedule 1, column 3 under a provision of this Act mentioned in\ncolumn 2 in relation to the decision.\n45 Reviewable decision notices\nIf the commission makes a reviewable decision, the commission must\ngive a reviewable decision notice to each person mentioned in\nschedule 1, column 4 in relation to the decision.\nNote The commission must also take reasonable steps to give a reviewable\ndecision notice to any other person whose interests are affected by the\ndecision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).\n46 Applications for review\nThe following people may apply to the ACAT for a review of a\nreviewable decision:\n(a) a person mentioned in schedule 1, column 4 in relation to the\ndecision;\n(b) any other person whose interests are affected by the decision.\n\nMiscellaneous Part 8\nSection 47\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 29\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nPart 8 Miscellaneous\n47 Unlawful gambling agreements void\nAn agreement, whether oral or in writing, relating to an unlawful\ngame or unlawful betting is void and no action may be brought in a\ncourt to recover any money or other property that—\n(a) is alleged to have been won or lost on a bet in relation to the\nunlawful game or unlawful betting; or\n(b) has been given to a person as a stakeholder for an event on which\na bet has been made in relation to the unlawful game or unlawful\nbetting.\n48 Determination of fees\n(1) The Minister may, in writing, determine fees for this Act.\n(2) A determination is a disallowable instrument.\n49 Regulation-making power\nThe Executive may make regulations for this Act.\n\nSchedule 1 Reviewable decisions\npage 30 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nSchedule 1 Reviewable decisions\n(see pt 7)\ncolumn 1\nitem\ncolumn 2\nsection\ncolumn 3\ndecision\ncolumn 4\nperson\n1 12 (1) (b) refuse to approve\nconduct of game\napplicant for approval\n2 12 (4) impose condition on\napproval\napproval holder\n3 18 (1) (b) refuse to amend approval approval holder\n4 18 (4) impose condition on, or\namend condition of,\napproval\napproval holder\n5 19 cancel approval approval holder\n\nDictionary\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 31\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nDictionary\n(see s 3)\nNote 1 The Legislation Act contains definitions and other provisions relevant to\nthis Act.\nNote 2 For example, the Legislation Act, dict, pt 1, defines the following terms:\n• ACAT\n• ACT\n• Executive\n• fail\n• function\n• gambling and racing commission\n• public servant\n• territory law\n• the Territory.\napproval means an approval under part 3.\nauthorised officer means an authorised officer under the Control Act,\nsection 20.\nbetting––see section 6.\ncharitable organisation means an organisation, society, institution or\nbody carried on for a religious, educational, benevolent or charitable\npurpose, other than one carried on for securing financial benefits to\nits members.\ncharitable purpose includes any benevolent, philanthropic or\npatriotic purpose.\ncommission means the gambling and racing commission.\nControl Act means the Gambling and Racing Control Act 1999.\nexempt game—see section 9.\nexempt private game—see section 10.\nexempt two-up game—see section 20.\n\nDictionary\npage 32 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\ngaming—see the Control Act, dictionary.\ngaming equipment—see the Control Act, dictionary.\ngaming law—see the Control Act, dictionary.\ninstrument of betting means any electrical, electronic or mechanical\ndevice or any other thing—\n(a) used, or suitable for use, in connection with betting; or\n(b) designed or adapted for use for or in relation to betting.\ninstrument of gambling means an instrument of betting or an\ninstrument of gaming.\ninstrument of gaming means gaming equipment or chips.\nplace includes premises, structure, vehicle and vessel.\nunlawful betting—see section 6.\nunlawful gambling—see section 8.\nunlawful game—see section 7.\n\nEndnotes\nAbout the endnotes 1\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 33\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nEndnotes\n1 About the endnotes\nAmending and modifying laws are annotated in the legislation history and the\namendment history. Current modifications are not included in the republished law\nbut are set out in the endnotes.\nNot all editorial amendments made under the Legislation Act 2001, part 11.3 are\nannotated in the amendment history. Full details of any amendments can be\nobtained from the Parliamentary Counsel’s Office.\nUncommenced amending laws are not included in the republished law. The details\nof these laws are underlined in the legislation history. Uncommenced expiries are\nunderlined in the legislation history and amendment history.\nIf all the provisions of the law have been renumbered, a table of renumbered\nprovisions gives details of previous and current numbering.\nThe endnotes also include a table of earlier republications.\n2 Abbreviation key\nA = Act NI = Notifiable instrument\nAF = Approved form o = order\nam = amended om = omitted/repealed\namdt = amendment ord = ordinance\nAR = Assembly resolution orig = original\nch = chapter par = paragraph/subparagraph\nCN = Commencement notice pres = present\ndef = definition prev = previous\nDI = Disallowable instrument (prev...) = previously\ndict = dictionary pt = part\ndisallowed = disallowed by the Legislative r = rule/subrule\nAssembly reloc = relocated\ndiv = division renum = renumbered\nexp = expires/expired R[X] = Republication No\nGaz = gazette RI = reissue\nhdg = heading s = section/subsection\nIA = Interpretation Act 1967 sch = schedule\nins = inserted/added sdiv = subdivision\nLA = Legislation Act 2001 SL = Subordinate law\nLR = legislation register sub = substituted\nLRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced\nmod = modified/modification or to be expired\n\nEndnotes\n3 Legislation history\npage 34 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n3 Legislation history\nUnlawful Gambling Act 2009 A2009-39\nnotified LR 17 November 2009\ns 1, s 2 commenced 17 November 2009 (LA s 75 (1))\nremainder commenced 22 March 2010 (s 2 and CN2010-2)\nas amended by\nStatute Law Amendment Act 2010 A2010-18 sch 3 pt 3.26\nnotified LR 13 May 2010\ns 1, s 2 commenced 13 May 2010 (LA s 75 (1))\nsch 3 pt 3.26 commenced 3 June 2010 (s 2)\nDirectors Liability Legislation Amendment Act 2013 A2013-4 sch 1\npt 1.10\nnotified LR 21 February 2013\ns 1, s 2 commenced 21 February 2013 (LA s 75 (1))\nsch 1 pt 1.10 commenced 22 February 2013 (s 2)\nRevenue Legislation Amendment Act 2017 A2017-1 sch 1 pt 1.12\nnotified LR 22 February 2017\ns 1, s 2 commenced 22 February 2017 (LA s 75 (1))\nsch 1 pt 1.12 commenced 18 September 2017 (s 2 (1) and CN2017-5)\nStatute Law Amendment Act 2025 A2025-29 sch 3 pt 3.97, sch 4\npt 4.184\nnotified LR 6 November 2025\ns 1, s 2 commenced 6 November 2025 (LA s 75 (1))\nsch 3 pt 3.97, sch 4 pt 4.184 commenced 26 November 2025\n(s 2 (3), (9))\n\nEndnotes\nAmendment history 4\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 35\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n4 Amendment history\nCommencement\ns 2 om LA s 89 (4)\nDictionary\ns 3 am A2017-1 amdt 1.130\nMeaning of betting and unlawful betting\ns 6 hdg sub A2010-18 amdt 3.117\nMeaning of unlawful game\ns 7 am A2025-29 amdt 4.187\nMeaning of exempt game\ns 9 am A2025-29 amdt 4.187\nApplication for approval to conduct game\ns 11 am A2025-29 amdt 4.187\nApplication for amendment of approval\ns 17 am A2025-29 amdt 4.187\nCriminal liability of executive officers\ns 34 sub A2013-4 amdt 1.12\nam A2025-29 amdt 3.350\nAdjournment pending hearing of other proceeding\ns 40 am A2025-29 amdt 3.351\nReviewable decision notices\ns 45 am A2025-29 amdt 4.187\nApplications for review\ns 46 am A2025-29 amdt 4.187\nDetermination of fees\ns 48 am A2025-29 amdt 4.187\nRegulation-making power\ns 49 am A2025-29 amdt 4.187\nLegislation amended—sch 2\ns 50 om LA s 89 (3)\nLegislation repealed\ns 51 om LA s 89 (3)\nConsequential amendments\nsch 2 hdg om LA s 89 (3)\nGambling and Racing Control Act 1999\nsch 2 pt 2.1 om LA s 89 (3)\n\nEndnotes\n4 Amendment history\npage 36 Unlawful Gambling Act 2009\nEffective: 26/11/25\nR5\n26/11/25\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\nLegislation Act 2001\nsch 2 pt 2.2 om LA s 89 (3)\nLiquor Act 1975\nsch 2 pt 2.3 om LA s 89 (3)\nLotteries Act 1964\nsch 2 pt 2.4 om LA s 89 (3)\nPool Betting Act 1964\nsch 2 pt 2.5 om LA s 89 (3)\nRace and Sports Bookmaking Act 2001\nsch 2 pt 2.6 om LA s 89 (3)\nDictionary\ndict am A2025-29 amdt 3.352\ndef betting ins A2010-18 amdt 3.118\ndef charitable organisation sub A2017-1 amdt 1.131\n\nEndnotes\nEarlier republications 5\nR5\n26/11/25\nUnlawful Gambling Act 2009\nEffective: 26/11/25\npage 37\nAuthorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au\n5 Earlier republications\nSome earlier republications were not numbered. The number in column 1 refers to\nthe publication order.\nSince 12 September 2001 every authorised republication has been published in\nelectronic pdf format on the ACT legislation register. A selection of authorised\nrepublications have also been published in printed format. These republications are\nmarked with an asterisk (*) in column 1. Electronic and printed versions of an\nauthorised republication are identical.\nRepublication\nNo and date\nEffective Last\namendment\nmade by\nRepublication\nfor\nR1\n22 Mar 2010\n22 Mar 2010–\n2 June 2010\nnot amended new Act\nR2\n3 June 2010\n3 June 2010–\n21 Feb 2013\nA2010-18 amendments by\nA2010-18\nR3\n22 Feb 2013\n22 Feb 2013–\n17 Sept 2017\nA2013-4 amendments by\nA2013-4\nR4\n18 Sept 2017\n18 Sept 2017–\n25 Nov 2025\nA2017-1 amendments by\nA2017-1\n© Australian Capital Territory 2025","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears to have maintained its original scope. The 2009 Act was designed to regulate unlawful gambling while providing exemptions for charitable fundraising and Anzac Day two-up. The 2025 amendments (A2025-29) appear to be technical/statute law amendments rather than substantive expansions. The core structure—offences, charitable approvals, two-up exemption, and enforcement—remains consistent with the original intent. No evidence of significant scope creep into areas like online gambling regulation or casino licensing (which are handled under separate legislation)."},"complexity_factors":["Moderate cross-referencing: Definitions rely heavily on the Gambling and Racing Control Act 1999 (e.g., 'gaming equipment', 'authorised officer', 'commission')","Nested conditional logic in suitability tests: Section 13 creates a rebuttable presumption of unsuitability with exceptions (subsection 2 disqualifies certain applicants, subsection 3 allows override)","Multiple exemption categories with distinct rules: Private games (s 10), approved charitable games (Part 3), and two-up (Part 4) each have different compliance requirements","Strict liability offences mixed with fault-based offences: Sections 32 and 33 create strict liability (no need to prove intent), while most other offences require knowledge or intent","Executive officer liability (s 34) includes specific statutory defences and evidentiary burdens, adding procedural complexity","Seizure and forfeiture procedures (Part 6) involve administrative and judicial pathways with time limits (1 year) and compensation mechanisms","Reviewable decisions framework (Part 7) links to external tribunal (ACAT) and requires cross-referencing Schedule 1"],"plain_english_summary":"The Unlawful Gambling Act 2009 (ACT) criminalises unlicensed gambling while creating a narrow, regulated pathway for charities to run approved fundraising games and preserving Anzac Day two‑up. It affects charitable organisations (strict approval, disclosure and frequency limits), the public (penalties for arranging, hosting or betting in unlawful games; special protections for children), venue owners and corporate officers (liability for known breaches), and empowers seizure and forfeiture of gambling equipment. The Act distinguishes unlawful gambling from authorised or exempt activities to protect the vulnerable and enable controlled charity fundraising."},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Amendments since enactment have adjusted definitions and administrative provisions, broadening and clarifying scope. Key changes in 2025 amended the meaning of unlawful and exempt games and aspects of the approval and amendment processes (see amendment history, A2025‑29; ss 7, 9, 11, 17). Executive officer liability and procedural review/notice provisions were also substituted or updated (see A2013‑4 and A2025‑29; s 34; ss 45–46), altering compliance and enforcement obligations."},"complexity_factors":["Extensive defined terms and cross-references to the Gambling and Racing Control Act (dictionary, s 3; dict; Control Act references) increasing interpretive complexity.","Commission discretion to declare games unlawful or exempt (s 7(2), s 9(2)) creates delegated rule‑making and potentially broad scope.","Approval regime for charitable organisations with multiple suitability tests, conditions, disclosure and yearly limits (ss 11–19; s 15) imposes administrative and compliance burdens.","Wide range of criminal offences with variable maximum penalties and some strict liability offences (ss 23–33; ss 32–33 flagged as strict liability).","Seizure, return, court challenge and forfeiture procedures for instruments of gambling (ss 35–43; ss 37–41) add procedural complexity and potential property impacts.","Corporate liability for executive officers with a reasonableness defence and prescribed considerations for prevention steps (s 34) layers corporate compliance obligations.","Statutory review and notification pathways to ACAT and Magistrates Court (pt 7; ss 44–46; Schedule 1) create multi‑forum review options.","Regulation‑making power and application of codes of practice (s 15(i), s 49) allow further detail to be set outside the Act."],"plain_english_summary":"This Act defines unlawful gambling and creates criminal offences for arranging, conducting, advertising or participating in unlawful games or betting, with fines and imprisonment as sanctions. It also establishes an approval regime for charitable organisations to run authorised games (subject to disclosure, conduct and age rules) and grants the Gambling and Racing Commission powers to approve, condition, cancel, seize and forfeit gambling instruments. Participants place bets; charitable organisers must disclose and remit a minimum percentage to the stated charity; enforcement and review rights are provided."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/unlawful-gambling-act-2009","history":"/api/acts/unlawful-gambling-act-2009/history","analysis":"/api/acts/unlawful-gambling-act-2009/analysis","conflicts":"/api/acts/unlawful-gambling-act-2009/conflicts","importantCases":"/api/acts/unlawful-gambling-act-2009/important-cases","documents":"/api/acts/unlawful-gambling-act-2009/documents"}}