8Offences relating to unlawful betting

#### 8 Offences relating to unlawful betting 8 Offences relating to unlawful betting > > (1) For the purposes of this section, the following forms of betting are prohibited— > > > > > (a) betting on any event or contingency if the person is not present at a licensed racecourse and the bet is made with a bookmaker, > > > > > (b) betting on any event or contingency (other than a horse race, harness race, greyhound race or declared betting event) when the person is present at a licensed racecourse, > > > > > (c) betting on any event or contingency when the person is present at a racecourse and a trial meeting (within the meaning of the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114)) is being held at that racecourse, > > > > > (d) betting on any event or contingency when the person is present at a racecourse and a race meeting is being held at that racecourse in contravention of the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114). > > > (2) A person who engages in betting that is prohibited by subsection (1) is guilty of an offence. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months (or both). > > > (3) A person must not make a bet on any horse race, harness race or greyhound race that is to be held anywhere in Australia if— > > > > > (a) the bet is made by telephone or electronically by means of the Internet, subscription TV or other on-line communications system, and > > > > > (b) the bet is made with another person whom the person making the bet knows (or would be reasonably expected to know)— > > > > > > > (i) is not a legal bookmaker, or > > > > > > > (ii) is not a person who is authorised under the law of any State or Territory to conduct totalizator betting. > > > > Maximum penalty—50 penalty units or imprisonment for 12 months (or both). > > > (4) For the purposes of subsection (3)— > > > > legal bookmaker means— > > > > > (a) a licensed bookmaker, or > > > > > (b) a person who is authorised under the law of any other State or Territory to carry on bookmaking activities. > > > (4A) Subsection (3) extends to a bet that is made by a person while in the State even though the other person with whom the bet is made is outside the State (including outside Australia). > > > (5) To remove any doubt, subsection (3) does not operate to impose any criminal liability on any person other than the person making the bet as referred to in that subsection. > > > (6) The following forms of betting are not prohibited by or under this section (except subsection (3))— > > > > > (a) betting on a horse race, harness race or greyhound race if the betting takes place at a race meeting that is held at a licensed racecourse on any day approved by the racing controlling body responsible for the type of racing concerned, > > > > > (b) betting on a horse race, harness race, greyhound race or declared betting event if the betting takes place in an authorised betting auditorium, > > > > > (c) betting on a declared betting event if the betting takes place at a licensed racecourse and the betting is carried on by a licensed bookmaker in accordance with a declared betting event authority held by the bookmaker, > > > > > (d) betting on any event or contingency if the betting is made with or accepted by a licensed bookmaker in accordance with an authority under section 16 of the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114), > > > > > (d1) betting on any event or contingency if the betting is made by telephone or electronically with a person who is authorised under the law of any other State or Territory, or any other jurisdiction, to carry on bookmaking activities, > > > > > (e) betting on a horse race, harness race, greyhound race or declared betting event if the betting is made with a totalizator conducted by a licensee under the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045) or is otherwise authorised under that Act, > > > > > (f) betting on a horse race, harness race, greyhound race or declared betting event if the betting takes place at a licensed racecourse— > > > > > > > (i) during so much of the day arranged for a race meeting at the racecourse as remains after the conclusion, postponement or abandonment of the race meeting, or > > > > > > > (ii) at any time on a day arranged for a race meeting (after the time arranged for the start of the meeting) if the race meeting was cancelled or postponed the day before. > > > (7) In this section, authorised betting auditorium, declared betting event, declared betting event authority and racing controlling body have the same meanings as they have in the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114). > > **s 8:** Am 1999 No 85, Sch 1.28 \[1\]; 2000 No 66, Sch 1 \[1\]–\[3\]; 2010 No 132, Sch 2 \[1\]–\[6\]; 2014 No 25, Sch 2.4 \[2\]–\[6\].