What it does
The Unlawful Gambling Act 1998 establishes a comprehensive prohibition regime directed at specific forms of gambling that Parliament has deemed contrary to the public interest. Section 3 expressly states three objects: to prohibit certain forms of gambling, to prevent the loss of public revenue derived from lawful forms of gambling, and to deter criminal influence and exploitation in connection with gambling activities.
At its core the Act operates by defining what is unlawful and then attaching criminal sanctions, civil consequences and enforcement machinery. Section 5 defines an “unlawful game” through a non-exhaustive list of eight categories. These include named games (fan-tan, pak-a-pu, two-up, hazard, baccarat, faro, roulette or similar games of chance), any game of chance played at a table or with gaming equipment, games involving prohibited gaming devices, lotteries, games with unequal chances, games played against a non-rotating bank, games from which a percentage is taken by a non-player, and games of skill or chance that involve a non-participant dealer, croupier or banker or where a payment is required to participate (s 5(1)(a)–(h)). A rebuttable presumption assists proof: if more than eight persons (including participants) are in the vicinity, the game is presumed unlawful unless the contrary is proved (s 5(2)).
Section 6 defines “prohibited gaming device” expansively to capture any device designed or adapted for gambling, declared by regulation, or kept in prescribed circumstances. Exceptions exist for genuine amusement devices, museum pieces used only for educational purposes, and devices declared exempt by regulation (s 6(3)–(4)).
Part 2 then creates the primary offence provisions. Division 1 deals with unlawful betting and bookmaking. Section 8(1) prohibits four categories of betting, the most significant being betting with a bookmaker when the bettor is not physically present at a licensed racecourse, or betting on non-racing events while at a racecourse. Separate telephone and electronic betting offences are created by s 8(3), which applies even if the counterparty is outside New South Wales (s 8(4A)). Section 9 prohibits unlicensed bookmaking (with higher penalties for repeat offences and for corporations) and restricts licensed bookmakers to authorised venues or telephone betting under the Betting and Racing Act 1998. Sections 10 and 11 extend liability to those who bet with illegal bookmakers or hold a financial interest in an illegal bookmaking business. Section 11A, inserted in 2010, prohibits making remote-access betting facilities available in a public place.