Unlawful Gambling Act 2009

This Act is the Unlawful Gambling Act 2009.

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)).

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.

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

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.

In this Act:

unlawful game—

means—

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

a game declared by the commission under subsection (2); but

does not include an exempt game.

The commission may declare a game to be an unlawful game.

A declaration is a disallowable instrument.

In this Act:

unlawful gambling means—

the playing or conduct of an unlawful game; or

unlawful betting.

In this Act:

exempt game means any of the following:

a game that is authorised under another territory law;

an exempt private game;

a game conducted in accordance with an approval under part 3;

an exempt two-up game;

a game declared by the commission under subsection (2).

The commission may declare a game to be an exempt game.

A declaration is a disallowable instrument.

In this Act:

exempt private game means a game that is conducted—

by a person in the person’s home; and

otherwise than for a commercial purpose; and

so that—

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

the rules of the game provide the same chance of winning a bet for all participants; and

in accordance with any conditions prescribed by regulation.

Without limiting when a game is conducted for a commercial purpose, a game is taken to be conducted for a commercial purpose if—

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

a charge, commission or fee is deducted from any amount bet or won by a participant in the game.

In this section:

home, of a person, means the place where the person usually lives.

Part 3 Approval to conduct game

A charitable organisation may apply in writing to the commission for approval to conduct a game.

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

On an application for approval under section 11, the commission must—

approve the conduct of the game; or

refuse to approve the conduct of the game.

The commission must refuse to approve the conduct of the game unless satisfied that—

the charitable organisation is a suitable organisation to hold an approval; and

the rules of the game are fair and reasonable; and

the rules and method of conduct of the game can be easily understood by participants; and

the primary purpose of conducting the game is to raise funds for a stated entity for a stated charitable purpose; and

the charitable organisation is to be responsible for the promotion and conduct of—

the game; and

the event at which it is to be conducted; and

the game is not to be conducted at a place that is a gambling facility of a licensee; and

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

any other criteria prescribed by regulation are met in relation to the application.

Subsection (2) does not limit the matters the commission may consider.

The commission’s approval may be given subject to conditions.

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).

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:

the business reputation of the organisation;

the character and business reputation of anyone who—

is a member of the organisation’s management committee; or

the organisation proposes to engage to assist it to promote or conduct the game or the event at which it is to be conducted;

the financial background and current financial position of the organisation;

the financial background and current financial position of anyone who—

is a member of the organisation’s management committee; or

the organisation proposes to engage to assist it to promote or conduct the game or the event at which it is to be conducted;

anything else prescribed by regulation.

An applicant is taken not to be a suitable organisation to hold an approval if—

the applicant has been refused approval, or had an approval cancelled, at any time in the 12 months before the application is made; or

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).

However, despite subsection (2), the commission may decide that the applicant is a suitable organisation to hold an approval if satisfied that—

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

it is otherwise in the public interest that the conduct of the game be approved.