Unlawful Gambling Act 2009 (ACT)

This Act defines unlawful gambling in the Australian Capital Territory, creates a limited approval regime for charitable organisations to conduct games, sets offences and penalties for a range of gambling-related conduct, and provides administrative and seizure powers for dealing with instruments of gambling.

Mechanically, the Act:

Defines key concepts: betting, unlawful betting, unlawful game, unlawful gambling and exempt games (ss 6-10). The gambling and racing commission may declare games to be unlawful or exempt (ss 7(2), 9(2)); such declarations are disallowable instruments (ss 7(3), 9(3)).
Establishes an approval pathway for charitable organisations to conduct games (Pt 3, ss 11-19). Applications must be made in writing to the commission (s 11). The commission either approves or refuses; it must be satisfied of several statutory criteria before approval (s 12(1)-(2)). Approvals are in writing, time‑limited to no more than 12 months (ss 14-16), may be amended (ss 17-18) and may be cancelled for non‑compliance (s 19). Conditions mandated by the Act include disclosure of the minimum percentage of funds to the charitable purpose, an identifying approval number on promotional material and tickets, age restrictions and record‑keeping (s 15).
Creates a narrow exception for two‑up games played on Anzac Day, subject to conditions about permission, age limits and prize pool treatment (Pt 4, ss 20-22).
Creates a set of criminal offences covering cheating, arranging and conducting unlawful gambling, advertising or promoting unlawful gambling, inviting a child to bet, participating in unlawful gambling when the participant knows it is unlawful, receiving proceeds, possessing instruments of gambling with the requisite purpose, and failing to comply with approval or two‑up requirements (Pt 5, ss 23-33). Several offences attract imprisonment and monetary penalties; some offences are strict liability (s 32(2), s 33(2)). The Criminal Code general principles apply to offences under this Act (s 5).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Unlawful Gambling Act 2009 A2009-39 Republication No 5 Effective: 26 November 2025 Republication date: 26 November 2025 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Unlawful Gambling Act 2009 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 26 November 2025. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 26 November 2025. The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): • authorised republications to which the Legislation Act 2001 applies • unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication includes amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Unlawful Gambling Act 2009 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 Part 2 Important concepts 6 Meaning of betting and unlawful betting 4 7 Meaning of unlawful game 4 8 Meaning of unlawful gambling 4 9 Meaning of exempt game 5 10 Meaning of exempt private game 5 Part 3 Approval to conduct game 11 Application for approval to conduct game 7

Contents Page contents 2 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 12 Decision on application 7 13 Suitability of applicant to hold approval 8 14 Form of approval 10 15 Conditions of approval 11 16 Term of approval 12 17 Application for amendment of approval 12 18 Decision on application for amendment of approval 12 19 Cancellation of approval 13 Part 4 Exempt two-up games 20 Meaning of exempt two-up game 14 21 Conducting exempt two-up game 14 22 When charge etc may be imposed 15 Part 5 Offences 23 Cheating 16 24 Arranging unlawful gambling 17 25 Conducting unlawful gambling 17 26 Owning etc place used for unlawful gambling 17 27 Advertising etc unlawful gambling or place where unlawful gambling conducted 18 28 Inviting child to bet 18 29 Participating in unlawful gambling 19 30 Receiving proceeds from unlawful gambling 19 31 Possessing instrument of gambling 19 32 Failing to comply with condition of approval to conduct game 20 33 Failing to comply with requirements about charge etc for exempt two- up game 20 34 Criminal liability of executive officers 21 Part 6 Seizure and forfeiture of instruments of gambling 35 Seizure of instruments of gambling 23 36 Receipt for seized instrument of gambling 23 37 Return of seized instruments of gambling 24 38 Application for order disallowing seizure 24

Contents Page R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 39 Order disallowing seizure 25 40 Adjournment pending hearing of other proceeding 25 41 Forfeiture of seized instrument of gambling 26 42 Forfeiture of instrument of gambling etc if found guilty of offence against Act 26 43 Cost of disposal of things forfeited 27 Part 7 Notification and review of decisions 44 Meaning of reviewable decision—pt 7 28 45 Reviewable decision notices 28 46 Applications for review 28 Part 8 Miscellaneous 47 Unlawful gambling agreements void 29 48 Determination of fees 29 49 Regulation-making power 29 Schedule 1 Reviewable decisions 30 Dictionary 31 Endnotes 1 About the endnotes 33 2 Abbreviation key 33 3 Legislation history 34 4 Amendment history 35 5 Earlier republications 37

R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Unlawful Gambling Act 2009 An Act relating to unlawful gambling, and for other purposes

Part 1 Preliminary Section 1 page 2 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Unlawful Gambling Act 2009. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act. For example, the signpost definition ‘gaming equipment—see the Control Act, dictionary.’ means that the term ‘gaming equipment’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 5 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

Part 2 Important concepts Section 6 page 4 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Important concepts 6 Meaning of betting and unlawful betting In this Act: betting includes the placing or accepting of bets. unlawful betting means betting that is not authorised under this Act or another gaming law. 7 Meaning of unlawful game (1) In this Act: unlawful game— (a) means— (i) a game of chance, or of mixed chance and skill, in which money or any other valuable thing is offered as a prize or is staked or risked (by a participant or someone else) on an event or contingency; or (ii) a game declared by the commission under subsection (2); but (b) does not include an exempt game. (2) The commission may declare a game to be an unlawful game. (3) A declaration is a disallowable instrument. 8 Meaning of unlawful gambling In this Act: unlawful gambling means— (a) the playing or conduct of an unlawful game; or (b) unlawful betting.

Important concepts Part 2 Section 9 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 9 Meaning of exempt game (1) In this Act: exempt game means any of the following: (a) a game that is authorised under another territory law; (b) an exempt private game; (c) a game conducted in accordance with an approval under part 3; (d) an exempt two-up game; (e) a game declared by the commission under subsection (2). (2) The commission may declare a game to be an exempt game. (3) A declaration is a disallowable instrument. 10 Meaning of exempt private game (1) In this Act: exempt private game means a game that is conducted— (a) by a person in the person’s home; and (b) otherwise than for a commercial purpose; and (c) so that— (i) the only way a participant in the game can make a profit or gain any other benefit as a result of the conduct of the game is by winning a bet; and (ii) the rules of the game provide the same chance of winning a bet for all participants; and (d) in accordance with any conditions prescribed by regulation.

Part 2 Important concepts Section 10 page 6 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Without limiting when a game is conducted for a commercial purpose, a game is taken to be conducted for a commercial purpose if— (a) a fee is charged to participate in the game or to enter the place where the game is conducted (other than a fee intended to cover the reasonable cost of food or beverages provided at the place); or (b) a charge, commission or fee is deducted from any amount bet or won by a participant in the game. (3) In this section: home, of a person, means the place where the person usually lives.

Approval to conduct game Part 3 Section 11 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Approval to conduct game 11 Application for approval to conduct game (1) A charitable organisation may apply in writing to the commission for approval to conduct a game. (2) The commission may, by written notice given to an applicant, require the applicant to give the commission, within a stated reasonable time, additional information or documents that the commission reasonably needs to decide the application. Examples 1 information about where the game is to be conducted 2 information about when the game is to be conducted 3 information about the amount (if any) that the applicant intends to retain from the funds raised to cover the cost of conducting the game 4 information to establish that the applicant is a charitable organisation 12 Decision on application (1) On an application for approval under section 11, the commission must— (a) approve the conduct of the game; or (b) refuse to approve the conduct of the game. (2) The commission must refuse to approve the conduct of the game unless satisfied that— (a) the charitable organisation is a suitable organisation to hold an approval; and (b) the rules of the game are fair and reasonable; and (c) the rules and method of conduct of the game can be easily understood by participants; and (d) the primary purpose of conducting the game is to raise funds for a stated entity for a stated charitable purpose; and

Part 3 Approval to conduct game Section 13 page 8 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) the charitable organisation is to be responsible for the promotion and conduct of— (i) the game; and (ii) the event at which it is to be conducted; and (f) the game is not to be conducted at a place that is a gambling facility of a licensee; and (g) the approval would not result in the charitable organisation having approval to conduct games at 3 or more events in a 12-month period; and (h) any other criteria prescribed by regulation are met in relation to the application. (3) Subsection (2) does not limit the matters the commission may consider. (4) The commission’s approval may be given subject to conditions. (5) In this section: gambling facility—see the Gambling and Racing Control (Code of Practice) Regulation 2002, dictionary. licensee—see the Gambling and Racing Control (Code of Practice) Regulation 2002, section 5, paragraphs (a) to (e). 13 Suitability of applicant to hold approval (1) In deciding whether an applicant is a suitable organisation to hold an approval, the commission may have regard to any relevant matter, including the following: (a) the business reputation of the organisation; (b) the character and business reputation of anyone who— (i) is a member of the organisation’s management committee; or

Approval to conduct game Part 3 Section 13 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) the organisation proposes to engage to assist it to promote or conduct the game or the event at which it is to be conducted; (c) the financial background and current financial position of the organisation; (d) the financial background and current financial position of anyone who— (i) is a member of the organisation’s management committee; or (ii) the organisation proposes to engage to assist it to promote or conduct the game or the event at which it is to be conducted; (e) anything else prescribed by regulation. (2) An applicant is taken not to be a suitable organisation to hold an approval if— (a) the applicant has been refused approval, or had an approval cancelled, at any time in the 12 months before the application is made; or (b) the applicant, or an agent or employee of the applicant, has at any time in the 5 years before the application is made, contravened this Act or a condition of an approval (whether or not convicted or found guilty of an offence in relation to the contravention). (3) However, despite subsection (2), the commission may decide that the applicant is a suitable organisation to hold an approval if satisfied that— (a) the conduct of the game would not be adversely affected if the commission decided that the applicant was a suitable organisation to hold the approval; and

Part 3 Approval to conduct game Section 14 page 10 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) it is otherwise in the public interest that the conduct of the game be approved. 14 Form of approval (1) An approval must— (a) be in writing; and (b) identify or describe— (i) the game approved to be conducted under the approval; and (ii) the event at which it is to be conducted; and (c) state— (i) the name and address of the charitable organisation to which the approval is given; and (ii) the name of the person within the organisation who is responsible for the event; and (iii) the name and address of the entity (if any) the organisation proposes to engage to assist it to conduct the game or the event at which it is to be conducted; and (iv) the period for which the approval is given; and (v) any conditions under section 12 or section 18 to which the approval is subject; and (vi) an identifying number given by the commission for the approval. (2) An approval may include anything else the commission considers relevant.

Approval to conduct game Part 3 Section 15 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Conditions of approval An approval given to a charitable organisation is subject to the following conditions: (a) the organisation is to be responsible for the promotion and conduct of— (i) the game; and (ii) the event at which it is to be conducted; (b) the percentage disclosed under paragraph (c), or more, of the funds raised by the event must be given to the entity and charitable purpose stated in the application; (c) the minimum percentage of funds raised by the event that is to be given to the stated entity and charitable purpose must be clearly disclosed to the public— (i) in all promotional material for the game and the event at which it is to be conducted; and (ii) at all places where tickets for the event can be obtained; and (iii) while the game is being conducted—at the place where it is being conducted; (d) the identifying number given by the commission for the approval must be included— (i) in all promotional material for the game and the event at which it is to be conducted; and (ii) on all tickets for the event; (e) the game must be conducted in a competent and fair manner; (f) the game must be conducted by a person who is 18 years old or older; (g) each participant in the game must be 18 years old or older;

Part 3 Approval to conduct game Section 16 page 12 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (h) the organisation must keep a record of any information prescribed by regulation; (i) the organisation must comply with any code of practice prescribed under the Control Act that applies to the organisation; (j) the organisation must continue to be a charitable organisation; (k) any condition imposed by the commission under section 12 or section 18; (l) any condition prescribed by regulation. 16 Term of approval An approval is given for the period, not longer than 12 months, stated in the approval. 17 Application for amendment of approval (1) A charitable organisation may apply in writing to the commission for amendment of the organisation’s approval. (2) The commission may, by written notice given to the applicant, require the applicant to give the commission, within a stated reasonable time, additional information or documents that the commission reasonably needs to decide the application. 18 Decision on application for amendment of approval (1) On application under section 17, the commission must— (a) amend the approval; or (b) refuse to amend the approval. (2) In deciding whether to amend the approval, the commission must have regard to the matters mentioned in section 12 (2) and (3) (Decision on application) as if the application were an application for an approval.

Approval to conduct game Part 3 Section 19 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) An amendment of an approval has effect only if the amendment is stated in the approval. (4) To remove any doubt, the amendment of an approval under this section may include the imposition of a condition on the approval and the amendment of a condition to which the approval is subject. 19 Cancellation of approval The commission may cancel an approval if the commission believes on reasonable grounds that the charitable organisation holding the approval has failed to comply with the approval or a condition of the approval.

Part 4 Exempt two-up games Section 20 page 14 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Exempt two-up games 20 Meaning of exempt two-up game In this Act: exempt two-up game means a two-up game— (a) played on 25 April (Anzac Day) in any year; and (b) conducted in accordance with section 21. 21 Conducting exempt two-up game A two-up game is conducted in accordance with this section if— (a) the game is conducted with the permission of the owner or person in charge of the place where the game is conducted; and (b) the game is conducted by a person who is 18 years old or older; and (c) each participant in the game is 18 years old or older; and (d) if there is a prize pool for the game—the prize pool comprises all bets placed by players without the deduction of any charge, commission or fee; and (e) subject to section 22, people may observe or participate in the game free of any charge, commission or fee; and (f) the game is conducted in accordance with any condition prescribed by regulation.

Exempt two-up games Part 4 Section 22 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 22 When charge etc may be imposed For section 21 (e), a person conducting an exempt two-up game may impose a charge, commission or fee for observing or participating in the game only if the person— (a) has the permission of the owner or person in charge of the place where the game is conducted to impose the charge, commission or fee; and (b) tells each person paying the charge, commission or fee the purpose for which it is sought; and (c) gives all payments or benefits received from imposing the charge, commission or fee to an entity for a charitable purpose; and (d) complies with any condition prescribed by regulation in relation to the charge, commission or fee.

Part 5 Offences Section 23 page 16 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Offences 23 Cheating A person commits an offence if— (a) the person— (i) participates in a game of chance, or of mixed chance and skill, in which money or any other valuable thing is offered as a prize or is staked or risked (by a participant or someone else) on an event or contingency; or (ii) otherwise places or accepts a bet; and (b) the person dishonestly— (i) obtains for the person or someone else money, benefit, advantage, valuable consideration or security; or (ii) induces someone to deliver, give or credit to the person or someone else money, benefit, advantage, valuable consideration or security; and (c) the person does so by— (i) trick, device, sleight of hand or representation; or (ii) a scheme or practice; or (iii) the use of— (A) an instrument of gambling; or (B) anything else. Note Instrument of gambling—see the dictionary. Maximum penalty: 200 penalty units, 2 years imprisonment or both.

Offences Part 5 Section 24 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 24 Arranging unlawful gambling A person commits an offence if the person arranges an unlawful game or unlawful betting. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. 25 Conducting unlawful gambling (1) A person commits an offence if the person conducts an unlawful game or unlawful betting. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. (2) A person commits an offence if— (a) the person conducts an unlawful game or unlawful betting; and (b) another person under 18 years old participates in the unlawful game or unlawful betting. Maximum penalty: 200 penalty units, imprisonment for 2 years or both. 26 Owning etc place used for unlawful gambling A person commits an offence if— (a) the person is the owner or person in charge of a place being used for the conduct of an unlawful game or unlawful betting; and (b) the person knows the place is being used for the conduct of an unlawful game or unlawful betting. Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Part 5 Offences Section 27 page 18 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 27 Advertising etc unlawful gambling or place where unlawful gambling conducted A person commits an offence if the person— (a) places, displays or broadcasts an advertisement for— (i) an unlawful game or unlawful betting; or (ii) a place being used, or to be used, for the conduct of an unlawful game or unlawful betting; or (b) does anything else that promotes, or entices a person to participate in, an unlawful game or unlawful betting. Maximum penalty: 50 penalty units. 28 Inviting child to bet (1) A person commits an offence if the person sends to someone the person knows is a child a document that invites, or may reasonably be implied to invite, the child to— (a) make a bet; or (b) enter into or take a share or interest in a bet; or (c) apply to someone or at a place to obtain information or advice in relation to a bet. Maximum penalty: 50 penalty units. (2) In this section: bet does not include— (a) a bet that is part of a game declared by the commission under section 9 (2); or (b) the buying of a raffle ticket.

Offences Part 5 Section 29 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 29 Participating in unlawful gambling (1) A person commits an offence if— (a) the person participates in an unlawful game; and (b) the person knows the game is an unlawful game. Maximum penalty: 50 penalty units. (2) A person commits an offence if— (a) the person participates in unlawful betting; and (b) the person knows the betting is unlawful betting. Maximum penalty: 50 penalty units. 30 Receiving proceeds from unlawful gambling A person commits an offence if— (a) the person receives proceeds from the conduct of an unlawful game or unlawful betting; and (b) the person knows the proceeds are from the conduct of an unlawful game or unlawful betting. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. 31 Possessing instrument of gambling (1) A person commits an offence if— (a) the person possesses an instrument of gaming; and (b) the person possesses the instrument for a purpose related to the conduct or proposed conduct of an unlawful game. Maximum penalty: 100 penalty units, imprisonment for 1 year or both.

Part 5 Offences Section 32 page 20 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A person commits an offence if— (a) the person possesses an instrument of betting; and (b) the person possesses the instrument for a purpose related to the conduct or proposed conduct of unlawful betting. Maximum penalty: 100 penalty units, imprisonment for 1 year or both. 32 Failing to comply with condition of approval to conduct game (1) A person commits an offence if— (a) the person conducts a game under an approval; and (b) the person fails to comply with a condition under section 15 (Conditions of approval) in relation to the game. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence. 33 Failing to comply with requirements about charge etc for exempt two-up game (1) A person commits an offence if— (a) the person conducts a two-up game on 25 April (Anzac Day) in a year; and (b) the person imposes a charge, commission or fee for observing or participating in the game; and (c) the person fails to comply with section 22 in relation to the charge, commission or fee. Maximum penalty: 50 penalty units. (2) An offence against this section is a strict liability offence.

Offences Part 5 Section 34 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 34 Criminal liability of executive officers (1) An executive officer of a corporation commits an offence if— (a) the corporation commits a relevant offence; and (b) the officer was reckless about whether the relevant offence would be committed; and (c) the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and (d) the officer failed to take reasonable steps to prevent the commission of the relevant offence. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. (2) In deciding whether the executive officer took (or failed to take) reasonable steps to prevent the commission of the relevant offence, a court must consider the following: (a) any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission): (i) that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates; (ii) that the corporation implements any appropriate recommendation arising from such an assessment; (iii) that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates; (b) any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed.

Part 5 Offences Section 34 page 22 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Subsection (2) does not limit the matters the court may consider. (4) Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. (6) In this section: executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. relevant offence means an offence against any of the following: (a) section 23 (Cheating); (b) section 24 (Arranging unlawful gambling); (c) section 25 (Conducting unlawful gambling); (d) section 26 (Owning etc place used for unlawful gambling); (e) section 27 (Advertising etc unlawful gambling or place where unlawful gambling conducted); (f) section 30 (Receiving proceeds from unlawful gambling); (g) section 31 (Possessing instrument of gambling).

Seizure and forfeiture of instruments of gambling Part 6 Section 35 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Seizure and forfeiture of instruments of gambling 35 Seizure of instruments of gambling An authorised officer may seize an instrument of gambling if the officer believes on reasonable grounds that it has been, is being, or is likely to be used for a purpose related to the conduct or operation of an unlawful game or unlawful betting. Note For the powers of entry and inspection of authorised officers—see the Control Act, div 4.2 (Powers of investigation). 36 Receipt for seized instrument of gambling (1) As soon as practicable after an authorised officer seizes an instrument of gambling under section 35, the officer must give a receipt for it to the person from whom it was seized. (2) If, for any reason, it is not practicable to comply with subsection (1), the authorised officer must leave the receipt, secured conspicuously at the place where the instrument of gambling was seized. (3) A receipt under this section must include the following: (a) a description of the instrument of gambling; (b) an explanation of why the instrument was seized; (c) an explanation of the person’s right to apply to a court under section 38 for an order disallowing the seizure; (d) where the instrument of gambling is to be taken; (e) the authorised officer’s name and information about how to contact the officer.

Part 6 Seizure and forfeiture of instruments of gambling Section 37 page 24 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 37 Return of seized instruments of gambling (1) An instrument of gambling seized under section 35 must be returned to its owner, or reasonable compensation must be paid to the owner by the Territory for the loss of the instrument, unless— (a) a prosecution for an offence against a territory law in connection with the instrument is begun within 1 year after the day the seizure is made and the instrument is required to be produced in evidence in the prosecution; or (b) an application for the forfeiture of the seized instrument is made to a court under the Confiscation of Criminal Assets Act 2003 or another territory law within 1 year after the day the seizure is made; or (c) all proceedings in relation to the offence with which the seizure was connected have ended and the court has made an order about the instrument. (2) However, this section does not apply to an instrument of gambling— (a) if the commission believes on reasonable grounds that the only practical use of the instrument in relation to the premises where it was seized would be an offence against this Act; or (b) if possession of it by its owner would be an offence. 38 Application for order disallowing seizure (1) A person claiming to be entitled to an instrument of gambling seized under section 35 may apply to the Magistrates Court within 1 year after the day of the seizure for an order disallowing the seizure. (2) The application may be heard only if the applicant has served a copy of the application on the commission. (3) The commission is entitled to appear as respondent at the hearing of the application.

Seizure and forfeiture of instruments of gambling Part 6 Section 39 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 39 Order disallowing seizure (1) On an application under section 38, the Magistrates Court must make an order disallowing the seizure if satisfied that— (a) the applicant would, apart from the seizure, be entitled to the return of the seized instrument of gambling; and (b) the instrument of gambling is not connected with the conduct or operation of an unlawful game or unlawful betting; and (c) possession of the instrument of gambling by the person would not be an offence. (2) The Magistrates Court may also make an order disallowing the seizure if satisfied there are exceptional circumstances justifying the making of the order. (3) If the Magistrates Court makes an order disallowing the seizure, the court may make 1 or more of the following ancillary orders: (a) an order directing the commission to return the instrument of gambling to the applicant or to someone else who appears to be entitled to it; (b) if the instrument of gambling cannot be returned or has depreciated in value because of the seizure—an order directing the Territory to pay reasonable compensation; (c) an order about the payment of costs in relation to the application. 40 Adjournment pending hearing of other proceeding (1) This section applies to the hearing of an application under section 38 (Application for order disallowing seizure). (2) If it appears to the Magistrates Court that the seized instrument of gambling is required to be produced in evidence in a pending proceeding in relation to an offence against a territory law, the court may, on the application of the commission or its own initiative, adjourn the hearing until the end of that proceeding.

Part 6 Seizure and forfeiture of instruments of gambling Section 41 page 26 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 41 Forfeiture of seized instrument of gambling (1) This section applies if— (a) an instrument of gambling seized under section 35 has not been returned under section 37; and (b) an application for disallowance of the seizure under section 38— (i) has not been made within 1 year after the day the seizure is made; or (ii) has been made within 1 year after the day the seizure is made, and the application has been refused or withdrawn before a decision in relation to the application has been made. (2) If this section applies to the seized instrument of gambling the instrument— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the commission directs. 42 Forfeiture of instrument of gambling etc if found guilty of offence against Act If a person is convicted, or found guilty, of an offence against this Act, any instrument of gambling or other article used by the person in the commission of the offence, or to which the offence relates— (a) is forfeited to the Territory; and (b) may be sold, destroyed or otherwise disposed of as the commission considers appropriate.

Seizure and forfeiture of instruments of gambling Part 6 Section 43 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 43 Cost of disposal of things forfeited (1) This section applies if— (a) a person is convicted, or found guilty, of an offence against this Act in relation to something forfeited to the Territory under this part; and (b) the thing is connected with an offence against this Act; and (c) the person was the owner of the thing immediately before its forfeiture. Note Found guilty—see the Legislation Act, dict, pt 1. (2) If this section applies, costs incurred by or on behalf of the Territory in relation to the lawful disposal of the thing (including storage costs) are a debt owing to the Territory by the person.

Part 7 Notification and review of decisions Section 44 page 28 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Notification and review of decisions 44 Meaning of reviewable decision—pt 7 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 45 Reviewable decision notices If the commission makes a reviewable decision, the commission must give a reviewable decision notice to each person mentioned in schedule 1, column 4 in relation to the decision. Note The commission must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). 46 Applications for review The following people may apply to the ACAT for a review of a reviewable decision: (a) a person mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Miscellaneous Part 8 Section 47 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Miscellaneous 47 Unlawful gambling agreements void An agreement, whether oral or in writing, relating to an unlawful game or unlawful betting is void and no action may be brought in a court to recover any money or other property that— (a) is alleged to have been won or lost on a bet in relation to the unlawful game or unlawful betting; or (b) has been given to a person as a stakeholder for an event on which a bet has been made in relation to the unlawful game or unlawful betting. 48 Determination of fees (1) The Minister may, in writing, determine fees for this Act. (2) A determination is a disallowable instrument. 49 Regulation-making power The Executive may make regulations for this Act.

Schedule 1 Reviewable decisions page 30 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 7) column 1 item column 2 section column 3 decision column 4 person 1 12 (1) (b) refuse to approve conduct of game applicant for approval 2 12 (4) impose condition on approval approval holder 3 18 (1) (b) refuse to amend approval approval holder 4 18 (4) impose condition on, or amend condition of, approval approval holder 5 19 cancel approval approval holder

Dictionary R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • ACT • Executive • fail • function • gambling and racing commission • public servant • territory law • the Territory. approval means an approval under part 3. authorised officer means an authorised officer under the Control Act, section 20. betting––see section 6. charitable organisation means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, other than one carried on for securing financial benefits to its members. charitable purpose includes any benevolent, philanthropic or patriotic purpose. commission means the gambling and racing commission. Control Act means the Gambling and Racing Control Act 1999. exempt game—see section 9. exempt private game—see section 10. exempt two-up game—see section 20.

Dictionary page 32 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au gaming—see the Control Act, dictionary. gaming equipment—see the Control Act, dictionary. gaming law—see the Control Act, dictionary. instrument of betting means any electrical, electronic or mechanical device or any other thing— (a) used, or suitable for use, in connection with betting; or (b) designed or adapted for use for or in relation to betting. instrument of gambling means an instrument of betting or an instrument of gaming. instrument of gaming means gaming equipment or chips. place includes premises, structure, vehicle and vessel. unlawful betting—see section 6. unlawful gambling—see section 8. unlawful game—see section 7.

Endnotes About the endnotes 1 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes 3 Legislation history page 34 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Unlawful Gambling Act 2009 A2009-39 notified LR 17 November 2009 s 1, s 2 commenced 17 November 2009 (LA s 75 (1)) remainder commenced 22 March 2010 (s 2 and CN2010-2) as amended by Statute Law Amendment Act 2010 A2010-18 sch 3 pt 3.26 notified LR 13 May 2010 s 1, s 2 commenced 13 May 2010 (LA s 75 (1)) sch 3 pt 3.26 commenced 3 June 2010 (s 2) Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.10 notified LR 21 February 2013 s 1, s 2 commenced 21 February 2013 (LA s 75 (1)) sch 1 pt 1.10 commenced 22 February 2013 (s 2) Revenue Legislation Amendment Act 2017 A2017-1 sch 1 pt 1.12 notified LR 22 February 2017 s 1, s 2 commenced 22 February 2017 (LA s 75 (1)) sch 1 pt 1.12 commenced 18 September 2017 (s 2 (1) and CN2017-5) Statute Law Amendment Act 2025 A2025-29 sch 3 pt 3.97, sch 4 pt 4.184 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 3 pt 3.97, sch 4 pt 4.184 commenced 26 November 2025 (s 2 (3), (9))

Endnotes Amendment history 4 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Dictionary s 3 am A2017-1 amdt 1.130 Meaning of betting and unlawful betting s 6 hdg sub A2010-18 amdt 3.117 Meaning of unlawful game s 7 am A2025-29 amdt 4.187 Meaning of exempt game s 9 am A2025-29 amdt 4.187 Application for approval to conduct game s 11 am A2025-29 amdt 4.187 Application for amendment of approval s 17 am A2025-29 amdt 4.187 Criminal liability of executive officers s 34 sub A2013-4 amdt 1.12 am A2025-29 amdt 3.350 Adjournment pending hearing of other proceeding s 40 am A2025-29 amdt 3.351 Reviewable decision notices s 45 am A2025-29 amdt 4.187 Applications for review s 46 am A2025-29 amdt 4.187 Determination of fees s 48 am A2025-29 amdt 4.187 Regulation-making power s 49 am A2025-29 amdt 4.187 Legislation amended—sch 2 s 50 om LA s 89 (3) Legislation repealed s 51 om LA s 89 (3) Consequential amendments sch 2 hdg om LA s 89 (3) Gambling and Racing Control Act 1999 sch 2 pt 2.1 om LA s 89 (3)

Endnotes 4 Amendment history page 36 Unlawful Gambling Act 2009 Effective: 26/11/25 R5 26/11/25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Legislation Act 2001 sch 2 pt 2.2 om LA s 89 (3) Liquor Act 1975 sch 2 pt 2.3 om LA s 89 (3) Lotteries Act 1964 sch 2 pt 2.4 om LA s 89 (3) Pool Betting Act 1964 sch 2 pt 2.5 om LA s 89 (3) Race and Sports Bookmaking Act 2001 sch 2 pt 2.6 om LA s 89 (3) Dictionary dict am A2025-29 amdt 3.352 def betting ins A2010-18 amdt 3.118 def charitable organisation sub A2017-1 amdt 1.131

Endnotes Earlier republications 5 R5 26/11/25 Unlawful Gambling Act 2009 Effective: 26/11/25 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 22 Mar 2010 22 Mar 2010– 2 June 2010 not amended new Act R2 3 June 2010 3 June 2010– 21 Feb 2013 A2010-18 amendments by A2010-18 R3 22 Feb 2013 22 Feb 2013– 17 Sept 2017 A2013-4 amendments by A2013-4 R4 18 Sept 2017 18 Sept 2017– 25 Nov 2025 A2017-1 amendments by A2017-1 © Australian Capital Territory 2025

The Act turns on a small set of statutory definitions that determine whether conduct is lawful, exempt or unlawful (ss 6-10 and the dictionary).

Betting and unlawful betting. Betting expressly includes placing or accepting bets (s 6). Unlawful betting is simply betting that is not authorised under the Act or another gaming law (s 6). The Act therefore draws the line by reference to authorisation: betting permitted by another territory law or by an approval under this Act is not unlawful (s 9(1)(a), (c)).
Unlawful game and unlawful gambling. An unlawful game is, essentially, a game of chance or mixed chance and skill in which money or other valuable things are staked, risked or offered as a prize (s 7(1)(a)(i)). The commission may also declare a game unlawful (s 7(2)). Unlawful gambling captures both the playing or conduct of an unlawful game and unlawful betting (s 8).
Exemptions. The Act recognises several classes of exempt game (s 9(1)): games authorised under other Territory laws, exempt private games (s 10), games conducted under a part 3 approval (Pt 3), exempt two‑up games on Anzac Day (Pt 4), and games declared exempt by the commission (s 9(2)). Those exemptions are significant, because otherwise the definitions in ss 7-8 would capture many social and fundraising activities.
Exempt private games. An exempt private game is tightly defined: it must be conducted in a person’s home, not for a commercial purpose, have rules that give participants equal chances to win and only allow profit by winning bets (s 10(1)). The Act prescribes that a game is taken to be commercial if a fee is charged to participate or enter a place (except reasonable food and beverage costs) or if a charge, commission or fee is taken from bets or winnings (s 10(2)). The definition of home is the place the person usually lives (s 10(3)). Regulation can prescribe conditions for such games (s 10(1)(d)).
Charitable organisation approvals. Part 3 creates an approval scheme limited to charitable organisations (s 11; dictionary definition of charitable organisation). The commission’s decision is constrained by statutory grounds: suitability of organisation, fairness and simplicity of rules, primary purpose of fundraising for a stated charitable purpose, responsibility for promotion and conduct, prohibition on conducting the game at a gambling facility of a licensee, a limit on approvals (no approval that would permit an organisation to conduct games at three or more events in a 12‑month period), and any regulatory criteria (s 12(2)(a)-(h)). The approval must record certain identifying details and may carry conditions (s 14). Statutory mandatory conditions include disclosure of the minimum percentage of funds to the charitable purpose and public disclosure requirements, inclusion of approval number on promotional material and tickets, age rules and prescribed record‑keeping (s 15).
Two‑up exemption. A special exemption applies for two‑up games played on 25 April (Anzac Day) if they meet conditions: permission of owner or person in charge of the place, age limits, prize pool composition, generally free participation but limited charging allowed under s 22 provided money is given to charity and other procedural conditions are met (ss 20-22).
Instruments of gambling. The Act differentiates instruments of betting (electrical, electronic or mechanical devices or anything used or suitable for betting) and instruments of gaming (gaming equipment or chips) and treats both as instruments of gambling (dictionary). Possession of such instruments for purposes related to unlawful gaming or betting is an offence (s 31).
Enforcement mechanics. The Act employs criminal offences (Pt 5), seizure and forfeiture processes (Pt 6), administrative review mechanisms to ACAT for certain decisions (Pt 7 and schedule 1), and statutory voiding of agreements related to unlawful gambling (s 47). The Criminal Code general principles apply to offences under the Act (s 5, note).

These concepts establish a regime that: treats most commercial or recurring fundraising gambling as requiring specific approval limited to charities; protects small private gaming in the home; allows a community tradition (two‑up on Anzac Day) under tightly prescribed conditions; and creates criminal and property‑remedy tools to deter and disrupt unregulated gambling activity.

The Act’s regulated population is narrow and specific in statutory terms, but its reach touches several groups and activities.

Charitable organisations that want to run gaming for fundraising. Only charitable organisations may apply for approvals under Part 3 (s 11; dictionary charitable organisation). The Act prescribes suitability tests (s 12(2), s 13), ongoing conditions (s 15), limits on frequency (s 12(2)(g) effectively prevents approval for three or more events in a 12‑month period), and record‑keeping obligations (s 15(h)). Entities assisting charities (entities proposed to assist conduct or promotion) appear in the approval form requirements and suitability checks (s 14(1)(b)(iii), s 13(1)(b)) and are therefore within the commission’s view when assessing reputational and financial risk (s 13).
Participants in social/private games at home. Private household games that meet the narrow exempt private game criteria escape criminalisation (s 10). The Act’s commercial‑purpose definition (s 10(2)) influences when a social game moves into regulated territory , charging an entry fee (beyond reasonable food and beverage costs) or taking a commission converts the activity into a commercial purpose.
Operators of two‑up games on Anzac Day. People who organise two‑up games on 25 April and proprietors of venues where such games occur are affected by Pt 4 conditions (ss 20-22). Charges can be imposed only when certain notice and charitable distribution requirements are met (s 22).
Owners and persons in charge of premises. Owners or persons in charge of places used for unlawful gambling commit an offence if they know the place is being used for unlawful gambling (s 26). This creates duty‑proximate consequences for landlords, licensees and managers to supervise activities on their premises.
Commercial operators and unapproved organisers. Individuals or entities arranging, conducting or promoting unlawful gambling or unlawful betting are liable for criminal offences (ss 24-27). Organisers of illegal games risk penalties and seizure of instruments (Pt 5 and Pt 6).
Persons possessing instruments of gambling. Possession of instruments of gaming or betting for purposes connected to unlawful gambling is an offence (s 31). Authorised officers can seize such instruments where they reasonably believe they are or will be used in unlawful gambling (s 35).
Corporate executive officers. Executive officers of corporations can incur criminal liability where the corporation commits a relevant offence and the officer was reckless and failed to take reasonable steps to prevent the offence (s 34). The section specifies what courts must consider when assessing reasonable steps (s 34(2)).
The gambling and racing commission and authorised officers. The commission decides approvals, imposes conditions, issues identifying numbers, and administers return/forfeiture directions for seized instruments (ss 11-19, 35-43). Authorised officers (as defined under the Control Act) exercise seizure powers (s 35 and dictionary).
Courts and ACAT. The Magistrates Court hears applications to disallow seizures and ancillary orders (ss 38-40), and it handles prosecutions under the Act (see s 37(1)(a) about instruments required in evidence). ACAT hears reviews of specified administrative decisions listed in schedule 1 and the Act requires the commission to give reviewable decision notices (Pt 7, ss 44-46; schedule 1).
The Territory and Minister. The Minister may set fees under s 48, by disallowable instrument. The Executive may make regulations (s 49). The Territory can claim costs for disposal and recovery following forfeiture (s 43).

Who pays and bears burdens: monetary penalties and imprisonment attach to individuals and corporations for prohibited conduct (Pt 5). Seizure and forfeiture mean owners may lose instruments; the Territory may pay compensation only in narrow circumstances (s 37(1)), while costs for lawful disposal after forfeiture can be recovered as a debt from a person found guilty (s 43). Charities must comply with disclosure and minimum remittance conditions (s 15(b)-(d)), and may be refused or lose approvals where suitability or compliance fails (s 12(2), s 19).

Who decides: the gambling and racing commission decides approvals and conditions (Pt 3); authorised officers exercise seizure powers (s 35); the Magistrates Court determines disallowance and ancillary orders (ss 38-40); ACAT adjudicates reviews listed in schedule 1 (Pt 7); and the Minister/Executive set fees and regulations (ss 48-49).

The Act imposes statutory duties on particular actors and creates certain procedural rights.

Duties imposed by the Act

Charitable organisations seeking approvals: make written application to the Commission (s 11); supply additional information on reasonable request (s 11(2)); ensure the primary purpose of the game is to raise funds for a stated entity and charitable purpose (s 12(2)(d)); be responsible for promotion and conduct (ss 12(2)(e), 15(a)); disclose the minimum percentage that will be given to the charitable purpose in promotional materials, ticket outlets and at the venue while the game is conducted (s 15(c)); include the identifying approval number in promotional material and on tickets (s 15(d)); ensure competent and fair conduct and that organisers and participants are 18 or older (s 15(e)-(g)); keep prescribed records and comply with a code of practice under the Control Act if applicable (s 15(h)-(i)); maintain charitable status (s 15(j)). Approvals last for not more than 12 months (s 16).
Persons conducting exempt two‑up games: obtain permission of the owner or person in charge of the place (s 21(a)); ensure those conducting and participating are 18 or older (s 21(b)-(c)); ensure any prize pool comprises bets without deduction (s 21(d)); generally allow observation and participation free of charge unless the limited s 22 conditions are satisfied (s 21(e) and s 22).
Owners and persons in charge of premises: ensure premises are not knowingly used for unlawful games or unlawful betting, because knowing use attracts an offence (s 26). Owners granting permission for two‑up or other events must be aware of conditions under s 21 and s 22 as relevant.
Persons imposing charges for exempt two‑up games: obtain permission (s 22(a)); inform paying persons of the purpose of the charge (s 22(b)); give all payments to an entity for a charitable purpose (s 22(c)); and comply with any regulatory conditions (s 22(d)). Failure to comply is a strict liability offence (s 33(1)-(2)).
Persons possessing instruments of gambling: must not possess instruments for a purpose related to unlawful gambling (s 31). Possession itself, if connected to the prohibited purpose, is criminalised.
Executive officers of corporations: take reasonable steps to prevent relevant offences where the corporation may commit them; the Act lists matters for courts to consider in assessing whether reasonable steps were taken (s 34(2)).

Procedural and enforcement rights

Receipt and information on seizure: where an authorised officer seizes an instrument, the person from whom it was seized must receive a receipt as soon as practicable, or the receipt must be conspicuously left if immediate delivery is impracticable. The receipt must describe the item seized, explain why, explain the right to apply to a court to disallow the seizure, state where the item will be taken and provide the authorised officer’s contact details (s 36(1)-(3)).
Right to apply to the Magistrates Court to disallow seizure: a person claiming entitlement may apply within one year (s 38(1)), and the commission must be served with a copy (s 38(2)). The Magistrates Court must make a disallowing order if satisfied the applicant would otherwise be entitled to return, that the item is not connected to unlawful gambling and possession would not be an offence; exceptional circumstances may also justify disallowance (s 39).
Review rights for administrative decisions: persons listed in schedule 1 (and any person whose interests are affected) may apply to ACAT for review of a reviewable decision; the commission must give reviewable decision notices to affected persons (Pt 7, ss 44-46 and schedule 1).
Voidability of gambling agreements: agreements relating to unlawful games or unlawful betting are void and cannot be the subject of court action to recover money or property alleged to have been won on such bets (s 47). This is a statutory right in the sense that courts will not enforce gambling debts tied to unlawful gambling.
Rights in criminal process: offences against the Act are subject to the Criminal Code general principles (s 5 note), which set the legal architecture for proof, defences and burdens of proof.

Rights and duties with respect to fees and regulation

The Minister may determine fees by disallowable instrument (s 48). This creates a statutory process but also provides the usual parliamentary checks attaching to disallowable instruments. The Executive may make regulations under s 49.

The Act therefore combines substantive prohibitions and duties (criminal offences and mandatory conditions for approvals) with procedural protections for seized property and administrative-review rights for decisions taken by the commission.

The Act combines criminal penalties, strict‑liability provisions, property seizure and forfeiture tools, and administrative enforcement via approvals and conditions.

Key criminal penalties

Cheating (s 23): maximum penalty 200 penalty units, or 2 years imprisonment, or both. Cheating is framed as dishonest conduct in games or betting that results in obtaining money, benefits or inducing delivery, by trick, scheme, device or by use of an instrument of gambling.
Arranging unlawful gambling (s 24): maximum penalty 100 penalty units and 1 year imprisonment, or both.
Conducting unlawful gambling (s 25): maximum penalty 100 penalty units and 1 year imprisonment, or both. If a person conducts unlawful gambling and a person under 18 participates, the maximum increases to 200 penalty units and 2 years imprisonment (s 25(2)).
Owning or being in charge of a place used for unlawful gambling where the owner knows of the use (s 26): maximum penalty 100 penalty units and 1 year imprisonment, or both.
Advertising/promoting unlawful gambling or a place used for unlawful gambling (s 27): maximum penalty 50 penalty units.
Inviting a child to bet (s 28): maximum penalty 50 penalty units. The provision excludes certain bets declared by commission or buying a raffle ticket (s 28(2)).
Participating in unlawful gambling/illegal betting when knowing it is unlawful (s 29): maximum penalty 50 penalty units.
Receiving proceeds from unlawful gambling (s 30): maximum penalty 100 penalty units and 1 year imprisonment, or both.
Possessing an instrument of gambling for a purpose related to unlawful gambling or betting (s 31): maximum penalty 100 penalty units and 1 year imprisonment, or both.
Failing to comply with conditions of an approval (s 32) and failing to comply with s 22 regarding two‑up charges (s 33): maximum penalty 50 penalty units; both are strict liability offences (ss 32(2), 33(2)). Strict liability means prosecution does not need to prove mens rea for the relevant element; defences under the Criminal Code may still apply as appropriate, and the statutory note indicates the Criminal Code chapter applies to offences under this Act (s 5 note).

Penalty unit values and corporate structuring

The republication notes the value of a penalty unit at the republication date: $160 for an individual and $810 for a corporation (preliminary notes). Where fines are expressed in penalty units, these monetary consequences may differ markedly between individuals and corporations.

Corporate and executive officer liability

Section 34 creates a head of liability for executive officers for “relevant offences” (listed in s 34(6)(a)-(g) and referencing s 23, 24, 25, 26, 27, 30, 31). The officer must have been reckless about whether the offence would be committed, be in position to influence the corporation, and have failed to take reasonable steps to prevent the offence; maximum penalties mirror the maximum that could be imposed on an individual for the underlying offence (s 34(1)). The court must take into account enumerated prevention measures (regular professional compliance assessments and implementing recommendations, reasonable knowledge of employees/agents/contractors, and actions taken when aware of potential offending) (s 34(2)).

Seizure and forfeiture powers

Authorised officers may seize instruments of gambling where there are reasonable grounds they are or will be used in unlawful gambling (s 35). The officer must give a receipt (s 36) specifying reasons and informing the person of the right to apply to the Magistrates Court under s 38. The Control Act contains the powers of entry and inspection referenced in the note to s 35.
Return rules: generally seized instruments must be returned or compensation paid unless a prosecution or a confiscation application begins within one year or related proceedings have ended and the court orders otherwise (s 37(1)). Exceptions deny return where the commission believes the only practical use of the instrument in the premises would be an offence or possession by the owner would itself be an offence (s 37(2)).
Disallowance: the owner may apply to the Magistrates Court within one year to disallow seizure (s 38). The court must disallow when satisfied certain criteria are met and has power to make ancillary orders including ordering return or compensation, and costs (s 39).
Forfeiture: if no disallowance application is made within one year, or it is refused or withdrawn without decision, the seized instrument is forfeited to the Territory and the commission may order sale, destruction or disposal (s 41). Instruments used by a person convicted of an offence are forfeited (s 42). Costs of disposal and lawful disposal may be recoverable as a debt from a convicted owner (s 43).

Procedural and evidentiary overlap

The Act notes that the Criminal Code chapter on general principles applies to offences under this Act (s 5 note), which affects defences, burden of proof and mental elements. The seizure, return and forfeiture processes interact with prosecution evidence needs (s 40 permits adjournment of disallowance hearing if the instrument is required for evidence in a pending proceeding).

Enforcement actors and review

The gambling and racing commission sets approvals and directs disposal of forfeited items (ss 11-19, 41-42). Authorised officers exercise seizure (s 35; dictionary authorised officer points to the Control Act). The Magistrates Court handles disallowance and prosecutions where instruments are required in evidence (ss 38-40). ACAT reviews listed administrative decisions (Pt 7 and schedule 1), giving an administrative route to challenge refusals, imposition or amendment of conditions and cancellation of approvals.

The enforcement design blends criminal sanctioning with administrative controls and property remedies, and assigns consequential duties to both organisers and venue owners. Some offences are strict liability, which lowers the prosecution’s burden on mens rea for particular breaches (ss 32(2), 33(2)). Executive officers have specific prevention duties captured by s 34, with the court required to consider specified governance measures in assessing reasonableness.

The Act is constructed to operate alongside and by reference to other Territory statutes and instruments. The Act itself cross‑references or relies on external instruments and legal frameworks multiple times.

Control Act and related definitions

The Act imports definitions and powers from the Gambling and Racing Control Act 1999 (the Control Act). The dictionary points readers to the Control Act for definitions such as gaming, gaming equipment, gaming law and authorised officer (dictionary). Section 12(5) and s 15(i) require approvals and organisations to comply with any code of practice prescribed under the Control Act; the text explicitly cites the Gambling and Racing Control (Code of Practice) Regulation 2002 as the source for the definition of gambling facility and licensee (s 12(5) and s 15(i)). Enforcement powers (entry, inspection) used by authorised officers for seizure are governed by the Control Act (note to s 35).

Criminal Code

The Act places offences squarely within the general criminal law framework: the Criminal Code, ch 2 applies to all offences under the Act (s 5 note). That means general principles such as intention, recklessness, strict liability rules, defenses and evidential burdens in the Criminal Code operate as the legal scaffolding for prosecutions under the Unlawful Gambling Act.

Confiscation of Criminal Assets Act 2003 and other forfeiture regimes

The Act interacts with confiscation and asset forfeiture frameworks. Section 37(1)(b) contemplates an application for forfeiture of a seized instrument under the Confiscation of Criminal Assets Act 2003 (or another territory law) within one year of seizure as a reason not to return seized items. This creates a parallel civil / criminal asset recovery pathway and links the Act’s seizure regime into broader asset‑forfeiture procedures.

Administrative law, ACAT and the Magistrates Court

The Act vests review rights in ACAT for specific decisions (Pt 7 and schedule 1). The commission must give reviewable decision notices for decisions listed in schedule 1 (s 45). Schedule 1 identifies multiple decisions (for example, refusal to approve conduct of a game (item 1), imposition or amendment of a condition, and cancellation) as reviewable. ACAT is established under separate Territory legislation (referenced in the notes and the Legislation Act, not reproduced in the Act).
The Magistrates Court is the forum for applications to disallow seizures (s 38) and has power to make orders for return, compensation and costs (s 39). The Magistrates Court can adjourn disallowance hearings if the instrument is required in a pending criminal proceeding (s 40).

Statutory instruments, Regulations and disallowable instruments

The commission may declare games unlawful or exempt by disallowable instrument (ss 7(3), 9(3)). The Act allows the Minister to determine fees by disallowable instrument (s 48). Regulations may prescribe conditions related to exempt private games and two‑up charges, and may impose other criteria (ss 10(1)(d), 21(f), 22(d), 12(2)(h), 15(l), 49). Disallowable instruments mean parliamentary oversight via disallowance is available.

Penalties, penalty units and financial measures

The republication notes the legislative mechanism for penalty units (Legislation Act s 133) and provides the monetary value at the republication date for individuals and corporations, which affects enforcement costs and fines. The Act itself is expressed in penalty units (see multiple sections in Pt 5).

Other Territory gaming and licensing laws

The Act contemplates that games authorised under other Territory laws are exempt (s 9(1)(a)). It also references “gambling facility” and “licensee” as defined in the Gambling and Racing Control (Code of Practice) Regulation 2002 (s 12(5) and s 15(f)), signalling overlap with licensing and regulatory frameworks that govern commercial gambling and venues. Amendments and consequential changes to other statutes are recorded in the Act’s amendment history (endnote 4), showing legislative housekeeping to keep cross‑references accurate.

Practical overlaps and considerations

Because the Act limits approvals to charitable organisations and declares many games unlawful unless authorised under this Act or other law (s 6 and s 9), operators may rely on other Territory licensing regimes (for example those governing lotteries, pool betting or bookmaking), and the Act preserves those routes by explicitly excluding games authorised under other Territory laws (s 9(1)(a)). Also, codes under the Control Act apply to organisations conducting games under approval (s 15(i)), creating a compliance overlap.
The seizure and forfeiture mechanism interacts with prosecution evidence and confiscation regimes. A seized instrument required as evidence may delay disallowance hearings (s 40) and may lead to parallel confiscation proceedings (s 37(1)(b)).

Overall, the Act is deliberately integrated into the Territory’s broader regulatory architecture for gambling, using the Control Act for operational definitions and investigative powers, the Criminal Code for criminal principles, ACAT and the Magistrates Court for review and procedural remedies, and disallowable instruments and regulations for delegated rule‑making. Parties operating in the ACT gambling space will need to understand the multiple overlapping statutory instruments identified by the Act.

The republished Act includes amendments made over time. The endnotes set out the legislation and amendment history. Key milestones and statutory amendments recorded in the Act’s endnotes are:

Original enactment: Unlawful Gambling Act 2009 A2009‑39, notified LR 17 November 2009. Sections 1 and 2 commenced 17 November 2009, remainder commenced 22 March 2010 (legislation history, endnote 3).
Statute Law Amendment Act 2010 A2010‑18 (sch 3 pt 3.26) , notified 13 May 2010, with some provisions commencing 3 June 2010. The amendment history records that s 6 heading was substituted by A2010‑18 (amendment 3.117) and that the dictionary added the definition of betting (endnote 4 notes “def betting ins A2010‑18 amdt 3.118”).
Directors Liability Legislation Amendment Act 2013 A2013‑4 (sch 1 pt 1.10) , notified LR 21 February 2013; sch 1 pt 1.10 commenced on 22 February 2013. This amendment substituted section 34 (Criminal liability of executive officers) (endnote 4: s 34 sub A2013‑4 amdt 1.12), replacing prior corporate officer liability arrangements with the current text setting out recklessness, capacity to influence, failure to take reasonable steps and the specific matters courts must consider (s 34 and s 34(2)).
Revenue Legislation Amendment Act 2017 A2017‑1 (sch 1 pt 1.12) , notified LR 22 February 2017 with part commencing 18 September 2017. The amendment history records changes to the dictionary (s 3 am A2017‑1 amdt 1.130) and substitution of the definition of charitable organisation (dictionary def charitable organisation sub A2017‑1 amdt 1.131) (endnote 4).
Statute Law Amendment Act 2025 A2025‑29 (sch 3 pt 3.97, sch 4 pt 4.184) , notified LR 6 November 2025. Some provisions commenced 6 November 2025 with sch 3 pt 3.97 and sch 4 pt 4.184 commencing 26 November 2025 (endnote 3). The amendment history shows multiple provisions amended by A2025‑29: s 7 (meaning of unlawful game), s 9 (meaning of exempt game), s 11 (application for approval to conduct game), s 17 (application for amendment of approval), s 34 (A2025‑29 amdt 3.350), s 40 amdt 3.351, s 45 and s 46 amended, s 48 and s 49 amended, and various dictionary amendments (endnote 4).
The amendment history (endnote 4) lists a number of sections and the nature of amendments (headings substituted, sections amended or inserted). For example, s 12 (Decision on application) retains its structure but the schedule of decisions for review (schedule 1) and review procedure text have been amended to align with other reforms (s 45 and s 46 amended by A2025‑29 amdt 4.187). The dictionary saw insertion and substitution of definitions across the listed amendment years.
The republication notes earlier republications (endnote 5) that reflect the Act’s edition history and the dates on which republications became effective (R1 through R4) up to R4 effective 18 Sept 2017, with the current republication identified as R5 effective 26 Nov 2025.

Practical effect of amendments recorded

Definitions and structural changes: the amendments over time have adjusted definitions (notably charitable organisation and betting) and replaced section headings and provisions (for example s 34 substituted in 2013) to integrate with broader Territory legislative reforms such as directors’ liability and revenue adjustments.
Regulatory and administrative updates: the 2025 amendments affected multiple administrative provisions (application process, review notices, fees and regulation powers), indicating legislative modernisation and alignment with administrative processes and the Control Act codes and definitions.
Cross‑referencing housekeeping: the amendment history includes repeals or consequential amendments to other Acts and regulations cited in earlier versions (endnote 4 lists legislation amended or repealed in sch 2 entries and notes that various earlier provisions were omitted where no longer relevant).

When advising clients, it is important to check these amendment entries in the Act and to consult the relevant disallowable instruments and Control Act instruments (for example codes of practice or declared exempt/unlawful games) because the Act expressly depends on such instruments for substantive determinations (ss 7(2), 9(2), 15(i)). The republished law includes editorial amendments under the Legislation Act 2001 for drafting practice (notes at the front of the republication), which do not change policy content but may affect numbering and cross‑references.

The republished Act’s text and endnotes do not list any reported cases or judicial decisions that interpret the Unlawful Gambling Act 2009. The Act expressly provides the administrative venues and courts for remedies and challenges:

Magistrates Court jurisdiction. The Act provides specific recourse to the Magistrates Court for applications to disallow seizure of instruments of gambling (s 38). The court must hear an application within the one‑year period and has express powers to order return of items, compensation or costs where it makes a disallowance order (s 39). The Magistrates Court also has the power to adjourn disallowance hearings where the seized instrument is required in evidence in a pending criminal proceeding (s 40).
ACAT review. Administrative review of certain decisions of the commission is channelled to the ACT Civil and Administrative Tribunal (ACAT). Schedule 1 lists the reviewable decisions (for example refusals to approve the conduct of a game, imposition or amendment of conditions, refusal to amend an approval and cancellation of an approval). Section 46 identifies who may apply to ACAT: persons mentioned in schedule 1, column 4, and any other person whose interests are affected by the decision.
Criminal courts. Offences created by Part 5 are to be prosecuted in the criminal jurisdiction; the Act incorporates the Criminal Code’s general provisions, which will affect criminal procedure, mental elements and defences (s 5 note). Prosecutions for offences such as arranging or conducting unlawful gambling (ss 24-25), possessing instruments of gambling (s 31), receiving proceeds (s 30) and cheating (s 23) will proceed through the ordinary criminal process.
Forfeiture and confiscation. Section 37(1)(b) contemplates an application under the Confiscation of Criminal Assets Act 2003 (or another Territory law) for forfeiture of a seized instrument, linking the Act to asset‑recovery litigation and associated hearings that may be pursued alongside criminal prosecutions.

Absence of reported judicial decisions in the text

The republished Act and endnotes do not include or reference any judicial interpretations, High Court or appellate rulings, or ACAT decisions. The Act itself sets out procedural pathways and standards (for example the statutory list of matters a court must consider in assessing the reasonableness of steps taken by an executive officer in s 34(2)) which may generate litigation to test those statutory standards, but no such judgments are recorded in the republished law.

Practical implications for litigators and counsel

Where seizure occurs, the statutory timetable and grounds for disallowance create procedural points to litigate: the “reasonable grounds” for seizure (s 35), the correctness of the authorised officer’s receipt and information provided (s 36), whether the instrument is connected to unlawful gambling (s 39(1)(b)), and whether possession by the claimant would itself be an offence (s 39(1)(c)). The potential for adjournment where the instrument is required as evidence in pending proceedings (s 40) also creates tactical litigation considerations.
Executive officer liability under s 34 raises legal questions about what constitutes “reasonable steps” in a given commercial and governance context and how courts should weigh the enumerated elements in s 34(2). Litigation under s 34 will require careful factual proof of the officer’s conduct, the corporation’s compliance systems and the timeliness of responses to warnings or red flags.
Administrative law points: ACAT review of commission decisions may engage judicial review standards and statutory review pathways; counsel should closely read schedule 1 for the exact decisions that are reviewable and ensure reviewable decision notices are properly served (s 45).

Because the Act contains a mix of criminal and administrative remedies, litigators must coordinate criminal defence strategies, civil recovery or forfeiture processes, and administrative reviews. In the absence of reported judicial interpretation in the republished materials, practitioners should monitor ACAT and Magistrates Court filings and decisions for the first test cases under the present text, particularly concerning executive officer liability (s 34), the scope of “instrument of betting” (dictionary) and reasonable grounds for seizure (s 35).

The Act contains detail and technical thresholds that can catch operators and participants if overlooked. Below are concrete points that are easy to miss, tied to specific provisions.

Approval limited to charitable organisations and frequency cap

Only charitable organisations may apply for approvals (s 11; dictionary charitable organisation). An approval cannot result in the organisation having approval to conduct games at three or more events in a 12‑month period (s 12(2)(g)). Charities intending repeated fundraising games need to plan within this cap or consider other authorised avenues under other Territory law (s 9(1)(a)).

Commercial purpose threshold is low

A game is taken to be conducted for a commercial purpose if a fee is charged to participate or to enter the place, except fees intended to cover reasonable food or beverage costs, or if a fee/commission is deducted from bets or winnings (s 10(2)). Charging small entry or convenience fees could transform an otherwise private game into unlawful activity.

Mandatory public disclosures and ticketing requirements

Approvals impose public disclosure obligations: the minimum percentage of funds to be given to the charitable purpose must be clearly disclosed in all promotional material, at ticket outlets and at the venue while the game is being conducted (s 15(c)). The approval identifying number must be included on promotional material and tickets (s 15(d)). Failure to meet these strict documentary obligations risks a breach and a fine (s 32).

Strict liability offences for approval and two‑up charge rules

Non‑compliance with conditions attached to approvals (s 32) and failure to comply with s 22 in relation to charges for exempt two‑up games (s 33) are strict liability offences (ss 32(2), 33(2)). Strict liability reduces the prosecution’s burden on mental elements, increasing risk for charities and organisers who fail to observe administrative requirements even without dishonest intent.

Age restrictions

Approvals require conductors and participants of approved games to be 18 or older (s 15(f)-(g)). Conducting a game in a mixed‑age environment or allowing under‑18s inadvertently can produce substantial penalty exposure, particularly where children participate in unlawful gambling (s 25(2)).

Seizure, receipt formality and one‑year time limits

An authorised officer must give a receipt with specific information as soon as practicable (s 36(1)-(3)). If a claimant wishes to challenge seizure, the time window to apply to the Magistrates Court to disallow is one year (s 38(1)). If no application is made within a year, instruments are forfeited (s 41). Procedural missteps during seizure or delay in commencing proceedings can result in forfeiture.

Return exceptions are narrow and discretionary

Section 37(2) allows the commission to refuse return if it believes the only practical use of the instrument at the premises would be commission of an offence, or if possession would itself be an offence. That is an administrative, potentially subjective judgment by the commission and can block return even where an owner seeks repossession.

Agreements and recovery of gambling losses are void

Agreements relating to unlawful games or unlawful betting are void and unenforceable in court (s 47). Parties cannot recover gambling losses by civil action, a point often overlooked by those who assume private contracts can be litigated.

Executive officer reverse onus and evidential burden

Section 34 applies to executive officers in corporations. While subsection (4) states the section does not apply if the corporation would have a defence, the note reminds practitioners that the defendant has an evidential burden in relation to s 34(4) (Criminal Code, s 58). Officers must proactively document compliance processes; courts must consider enumerated governance steps in s 34(2) when assessing whether reasonable steps were taken. Failure to maintain compliance evidence can expose directors or managers to personal criminal liability.

Interplay with other laws and instruments

Many definitions and operational aspects rely on the Control Act and associated regulations and codes (dictionary and s 15(i)). Practitioners need to check related codes of practice, Control Act powers and any disallowable instruments declaring games unlawful or exempt (ss 7(2), 9(2)). Assuming the Unlawful Gambling Act alone suffices for compliance risks missing applicable codes or declarations.

Two‑up exception is narrow and conditional

Two‑up on Anzac Day is exempt only if the statutory conditions are met (s 21). Charging participants is permitted only where specific procedural steps are followed (s 22); failing to follow them is a strict liability offence (s 33). Organisers who assume Anzac Day removes all restrictions can be surprised.

Penalty unit differences for corporations

Monetary penalties expressed in penalty units convert to different dollar values for individuals and corporations (republication notes). Corporations face higher monetary multiples per penalty unit (republication preliminary notes: $160 individual; $810 corporation). Firms should calculate financial exposure accordingly.

Commission powers to declare games unlawful or exempt

The commission may declare games unlawful or exempt and such declarations are disallowable instruments (ss 7(2)-(3), 9(2)-(3)). A change in such a declaration can suddenly affect whether an activity is lawful. Stay alert to current disallowable instruments.

Record‑keeping and codes of practice

Approvals require keeping records “prescribed by regulation” (s 15(h)) and complying with codes under the Control Act (s 15(i)). Failure to understand the content of regulations and codes can result in contraventions that are strict liability offences. Always cross‑check subordinate legislation.

These “gotchas” are rooted in the Act’s text and the interplay with delegated instruments. Practitioners should map approvals, venue permissions, fee practices and record‑keeping against the specific statutory language (ss 10, 11-16, 21-22, 31-33, 35-41) and maintain contemporaneous documentary evidence to support compliance and defence in administrative or criminal processes.

This section provides a practical, source‑grounded compliance checklist for entities and individuals likely to be affected. Each item ties back to the Act’s relevant provisions.

For charitable organisations seeking to run a game (Pt 3: ss 11-19)

Eligibility and application

Confirm charitable status under the Act’s dictionary (charitable organisation). Apply in writing to the gambling and racing commission (s 11). Be prepared to provide additional information the commission reasonably requests (s 11(2)). Typical supporting information includes venue details, timing, projected retention for costs, and proof of charitable purpose (example items in s 11(2) and s 12(2)(d)).

Suitability checks and pre‑application screening

Check the applicant will pass s 13 suitability matters: business reputation, character and reputation of management committee members and any proposed agents/assistants, financial background and current position of the organisation and relevant persons (s 13(1)(a)-(d)). Note that prior refusals/cancellations within 12 months or contraventions within 5 years may disqualify unless the commission is satisfied otherwise (s 13(2)-(3)).

Drafting rules and ensuring fairness

Ensure rules of the game are fair, reasonable and easy to understand (s 12(2)(b)-(c)). Prepare rules and conduct methods that are transparent and document how participants have equal chance where relevant.

Approval terms and conditions

Prepare to include in application: the entity name and address, responsible person within the organisation, the engagement details of any third‑party entity assisting, the period sought and acceptance of conditions (s 14(1)(c)(i)-(iv)). Expect conditions required by statute: disclosure of minimum percentage to charitable purpose, approval identifying number inclusion on marketing and tickets, age restrictions, record‑keeping and compliance with Control Act codes (s 15).

Financial disclosures and remittance

Decide the minimum percentage of funds that will be remitted to the charitable purpose and prepare the required disclosure materials for promotional channels and ticket outlets (s 15(b)-(c)). Keep audit‑ready accounting records of funds raised and remitted.

Age verification and staffing

Ensure persons conducting the game and participants are 18 or older (s 15(f)-(g)). Implement and document age‑verification procedures.

Record keeping and codes

Keep records prescribed by regulation and confirm relevant codes of practice under the Control Act that apply, then implement them (s 15(h)-(i)). If regulations prescribe specific record formats or retention periods, comply strictly.

Term and amendments

Remember approvals are for periods not exceeding 12 months (s 16). Apply for amendment in writing if changes are required (s 17) and be ready to provide additional information if requested (s 17(2)). Understand the commission may impose new or amended conditions when authorising changes (s 18(4)).

Cancellation risks

Monitor compliance closely. The commission may cancel an approval if it believes on reasonable grounds that the organisation has failed to comply with the approval or a condition (s 19).

For private home games (exempt private game, s 10)

Confirm location and non‑commercial status

Ensure the game is played in a person’s home (the place they usually live) (s 10(1)(a) and s 10(3)) and is not conducted for a commercial purpose (s 10(1)(b)). Avoid charging entry fees or deductions from bets/winnings, which would make the game commercial (s 10(2)).

Rules and equality

Ensure the rules provide equal chance of winning for all participants and that the only route to profit is by winning bets (s 10(1)(c)). Document that rules are non‑discriminatory and equal in chance.

Check for prescribed regulatory conditions

Confirm if any regulations prescribe additional conditions for exempt private games and comply as required (s 10(1)(d)).

For two‑up organisers on Anzac Day (Pt 4: ss 20-22)

Venue permission and age limits

Obtain permission from the owner or person in charge of the place (s 21(a)). Ensure organisers and participants are 18 or older (s 21(b)-(c)).

Prize pool and charges

If there is a prize pool, make sure it comprises all bets without deductions (s 21(d)). If charging observers/participants, comply with s 22: have venue permission to impose charges (s 22(a)), inform each paying person of the purpose of the charge (s 22(b)), give all payments to an entity for a charitable purpose (s 22(c)), and comply with any regulatory conditions (s 22(d)). Non‑compliance is a strict liability offence (s 33).

Mitigating seizure and forfeiture risk (Pt 6: ss 35-43)

Avoid possessing instruments linked to unlawful gambling

Do not possess instruments of betting or gaming for purposes connected to unlawful gambling (s 31). If instruments are used, ensure lawful authorisation applies.

Responding to seizure

If an authorised officer seizes an item, obtain and preserve the receipt that must set out the reasons and rights to apply for disallowance (s 36). Act promptly: an application to the Magistrates Court to disallow must be made within one year of seizure (s 38(1)).

Evidence and litigation timing

If the seized instrument is required for a pending prosecution, expect potential adjournments (s 40). If considering a challenge, coordinate criminal defence counsel and civil recovery counsel to avoid forfeiture by inaction (s 41).

Corporate governance and executive officers (s 34)

Governance systems

Executive officers should implement and document regular professional compliance assessments relevant to the Act’s provisions (s 34(2)(a)(i)). Track recommendations and evidence implementation of remediation (s 34(2)(a)(ii)).

Training and awareness

Ensure employees, agents and contractors have reasonable knowledge and understanding of the relevant requirements (s 34(2)(a)(iii)). Keep contemporaneous training logs and policy documents.

Incident response

Record actions taken when an officer became aware that an offence was or might be committed (s 34(2)(b)). Prompt investigative steps and remedial measures are material to demonstrating reasonable steps were taken.

Administrative compliance and review (Pt 7 and schedule 1)

Reviewable decisions and notices

Track any reviewable decision in schedule 1 (for example refusal to approve, imposition or amendment of condition, refusal to amend approval, cancellation). The commission must issue reviewable decision notices to affected persons (s 45). If notified, consider ACAT review rights under s 46 and ensure review applications are lodged within statutory timeframes and in accordance with ACAT procedures.

Regulatory and fee compliance

Monitor disallowable instruments and regulations

The commission may declare games unlawful or exempt by disallowable instrument (ss 7(2), 9(2)). The Minister may set fees by disallowable instrument (s 48). Regularly inspect the legislation register for current disallowable instruments and regulations linked to the Control Act and this Act.

Codes of practice and record prescriptions

Identify applicable codes of practice under the Control Act and any regulations prescribing record‑keeping obligations for approvals (s 15(h)-(i)). Implement compliant record systems, retention policies and audit trails.

Practical record checklist

Written approval and identifying number kept on file (s 14).
Copies of all promotional material and tickets containing required disclosures and approval identifying numbers (s 15(c)-(d)).
Financial records showing gross takings, deductions (if any), and the percentage and amounts remitted to the charitable purpose (s 15(b)).
Minutes or records demonstrating governance checks, risk assessments and compliance audits (s 13(1)(c)-(d) and s 34(2)).
Age‑verification logs and receipts for admission where applicable (s 15(f)-(g)).

In short, compliance requires a combination of legal screening (confirming the activity qualifies as exempt, approved, or authorised under other Territory law), administrative discipline (accurate filings, disclosures, record‑keeping and adherence to approval conditions), and governance documentation to mitigate executive officer liability. Where uncertainty exists about whether an activity is authorised under “another Territory law” (s 9(1)(a)) or whether a particular device qualifies as an instrument of betting or gaming (dictionary), seek advance clarification from the commission and obtain written approvals where possible.

Unlawful Gambling Act 2009

Plain English Summary

Deep Dive

What it does

Current sections

Unlawful Gambling Act 2009

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply