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 \[19\] \[21\].