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New South Wales regulation
This Regulation replaces the 2016 instrument and sets which unlawful gambling offences can be dealt with by a penalty notice, names police as the authorised officers who may issue those notices, and fixes the dollar amounts for each offence. It starts on publication. Affected people are those who commit the listed offences (they pay the specified fines); police decide whether to issue a penalty notice. The Regulation preserves existing effects from the 2016 Regulation (s5).
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Direct links to the current provisions in Unlawful Gambling Regulation 2021.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Unlawful Gambling Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this Regulation—
the Act means the Unlawful Gambling Act 1998.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4 Penalty notices—authorised officers
For the purposes of the definition of authorised officer in section 52(6) of the Act, police officers are specified in relation to all offences against the provisions specified in Schedule 1.
5 Repeal and savings
(1) The Unlawful Gambling Regulation 2016 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Unlawful Gambling Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Penalty notice offences
| Column 1 | Column 2 | | Provision | Penalty | | Offences under the Act | | Section 13(1) | $550 | | Section 14 | $550 | | Section 17(1) | $55 | | Section 21(3) | $220 | | Section 27(2) | $220 | | Section 34(1) | $550 | | Section 37(1) | $550 | | Section 38(2) | $550 | | Section 43(3) | $550 |
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
This Regulation is the Unlawful Gambling Regulation 2021.
2 Commencement
This Regulation commences on the day on which it is published on the NSW legislation website.
Note—
This Regulation repeals and replaces the Unlawful Gambling Regulation 2016, which would otherwise be repealed on 1 September 2021 by the Subordinate Legislation Act 1989, section 10(2).
3 Definition
In this Regulation—
the Act means the Unlawful Gambling Act 1998.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
4 Penalty notices—authorised officers
For the purposes of the definition of authorised officer in section 52(6) of the Act, police officers are specified in relation to all offences against the provisions specified in Schedule 1.
5 Repeal and savings
(1) The Unlawful Gambling Regulation 2016 is repealed.
(2) Any act, matter or thing that, immediately before the repeal of the Unlawful Gambling Regulation 2016, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Penalty notice offences
| Column 1 | Column 2 | | Provision | Penalty | | Offences under the Act | | Section 13(1) | $550 | | Section 14 | $550 | | Section 17(1) | $55 | | Section 21(3) | $220 | | Section 27(2) | $220 | | Section 34(1) | $550 | | Section 37(1) | $550 | | Section 38(2) | $550 | | Section 43(3) | $550 |
1 Application of Schedule
(1) For the purposes of section 52 of the Act—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.