172Betting in public places

172 Betting in public places

(1)  Except as authorised by this Act, a person must not, either personally or by means of an agent –

(a) bet in a public place; or

(b) frequent, loiter in, use or be in a public place for the purpose of betting.

Penalty:  In the case of –

(a) a first offence, a fine not exceeding 100 penalty units or imprisonment for a term not exceeding 3 months, or both; and

(b) a second offence, a fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months, or both; and

(c) a subsequent offence, a fine not exceeding 400 penalty units or imprisonment for a term not exceeding 12 months, or both.

(2)  It is a defence in proceedings for an offence under subsection (1)(a) if the defendant establishes that –

(a) the transaction to which the charge relates was conducted pursuant to an agreement with another person to place a bet with a registered bookmaker lawfully engaged in bookmaking, or in a totalizator being lawfully conducted by a registered club; and

(b) neither the defendant nor the other person was to receive any fee, commission or reward for placing the bet.