Proof of certain matters not required for offences against part 3.8A
363E Proof of certain matters not required for offences against part 3.8A
In a proceeding for an offence against section 363F, a person (the accused person) is taken to intend obtaining a financial advantage or causing a financial disadvantage in connection with a bet on an event if, and only if, it is proved that the accused person—
intended to obtain a financial advantage or cause financial disadvantage in connection with betting on the event; or
was aware that another person intended to obtain a financial advantage or cause financial disadvantage in connection with betting on the event, as a result of the conduct that the accused person engaged in.
In a proceeding for an offence against section 363F, it is not necessary to prove that a financial advantage was actually obtained or a financial disadvantage was actually caused.
In a proceeding for an offence against section 363G or section 363H it is not necessary to prove that—
a bet by a person was made personally by the person; or
a person who was encouraged to bet, or to whom information was communicated, in relation to an event actually bet on the event; or
a person who was encouraged to bet was encouraged to bet in a particular way.
Division 3.8A.2 Offences—pt 3.8A
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