33Use of NSW race field information restricted

33 Use of NSW race field information restricted

33 Use of NSW race field information restricted

(1) A betting service provider or prescribed person must not use NSW race field information unless the betting service provider or person—

(a) is authorised to do so by a race field information use approval and complies with the conditions (if any) to which the approval is subject, or

(b) is authorised to do so by or under the regulations.

Note—

Betting service provider is defined in section 4(1) to mean a bookmaker, a person who operates a totalizator or a person who operates a betting exchange. Bookmaker is defined in that subsection to include any person who—

(a) carries on the business of, or who acts as, a bookmaker, bookmaker’s clerk or turf commission agent, or

(b) gains, or endeavours to gain, a livelihood wholly or partly by betting or making wagers.

Maximum penalty—

(a) in the case of a corporation—500 penalty units, or

(b) in any other case—

(i) for a first offence—50 penalty units or imprisonment for 12 months (or both), and

(ii) for a second or subsequent offence—100 penalty units or imprisonment for 2 years (or both).

(2) It is a defence to a prosecution for an offence against this section if a betting service provider proves that the use of NSW race field information—

(a) did not occur in connection with the making or accepting of a bet (or the offer to make or accept a bet), and

(b) did not occur in the course of the business of the betting service provider.

(3) In this section, prescribed person means a person (or a person belonging to a class of persons) prescribed by the regulations.

s 33: Subst 2006 No 91, Sch 1.2 [4]; 2008 No 96, Sch 1 [11]. Am 2014 No 25, Sch 1 [19] [21].