168Offences by bettors

168 Offences by bettors

(1)  A person who places a bet with a registered bookmaker must not, with intent to evade the provisions of this Act, fail to demand or obtain from the bookmaker, or from a bookmaker's agent who is registered in relation to the bookmaker, a betting ticket for the bet, unless the bet is placed and accepted by telephone in accordance with an off-course telephone betting endorsement or an on-course telephone betting endorsement.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 30 penalty units.

(2)  A person must not place a bet with a registered bookmaker or bookmaker's agent if the person knows that –

(a) the bookmaker or bookmaker's agent is not authorised under this Act to engage in bookmaking at the time when, and place where, the bet is placed; or

(b) the way in which the bet is being accepted is contrary to the way in which the bookmaker or bookmaker's agent is authorised to engage in bookmaking under this Act.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 20 penalty units; and

(b) a subsequent offence, a fine not exceeding 30 penalty units.

(3)  In any proceedings for an offence under this section, the defendant is taken to have the intent required to constitute the offence if –

(a) it is proved that the defendant habitually attends race meetings or bets with bookmakers; and

(b) the defendant is unable to show that the defendant’s conduct was due to accident or excusable inadvertence.