Criminal Code 2002

A person (the first person) commits an offence if—

the first person engages in conduct that results in—

a bet by the first person on an event; or

another person being encouraged to bet on an event; or

information being communicated to another person who the first person knows would, or would be likely to, bet on an event; and

at the time of the conduct the first person—

possesses inside information for the event; and

is reckless about whether the information is inside information.

Note The fault element of recklessness can be satisfied by proof of intention, knowledge or recklessness (see s 20 (4)).

Maximum penalty: imprisonment for 2 years.

In this section:

generally available—information is generally available if it—

consists of matter that is readily observable by the public; or

has been made known in a way that would, or would be likely to, bring it to the attention of the public; or

consists of deductions, conclusions or inferences made or drawn from information mentioned in paragraph (a) or (b).

inside information, about an event, means information that—

is not generally available; and

if it were generally available, would, or would be likely to, influence a person who would commonly bet on the event in deciding—

whether or not to bet on the event; or

any other betting decision.

Part 3.9 Procedural matters for ch 3

Division 3.9.1 General—pt 3.9