194Misleading wagers prohibited

194 Misleading wagers prohibited (c) the wager is likely to lead a potential customer to believe on reasonable grounds that the wager is: (i) a ticket in a lottery; or (ii) an offer or invitation to enter or participate in a lottery.

Racing and Wagering Act 2024 89 (c) the winning outcome of the wager consists of numbers, digits or symbols derived from numbers, digits or symbols that form part only of one or more sporting events; and (d) the wager does not enable a potential customer to use judgement or skill in the selection of the winning outcome. (3) An offence against subsection (1) or (2) is an offence of strict liability. subsection (1) or (2) if: (a) the wager had the characteristics of a mystery wager on a race or sporting event and the combination in the wager relates to direct outcomes of identified races or sporting events; or (b) the wager was exempted by the Commission under subsection (5). The defendant has an evidential burden in relation to these exemptions (see (5) The Commission may, on application by a licensee or a customer or its own initiative, declare that a specific wager is exempt from subsection (1) or (2) if the Commission is satisfied that: (a) the wager is not misleading; and (b) the wager is not an abuse of a sporting event. (6) Nothing in this section prevents a person from conducting a lottery or internet gaming business in accordance with the Gaming Control Act 1993. (7) In this section: internet gaming business, see section 47A of the Gaming Control Act 1993. lottery, see section 3 of the Gaming Control Act 1993.

Racing and Wagering Act 2024 90