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).
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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
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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
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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
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Australian Capital Territory
Unlawful Gambling Act 2009
An Act relating to unlawful gambling, and for other purposes
Part 1 Preliminary
Section 1
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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
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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
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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
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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
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(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
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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
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(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
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(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
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(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
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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
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(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
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(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
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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
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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
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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
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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
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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
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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
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(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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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