CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 144G
CRIMINAL LAW CONSOLIDATION ACT 1935 - SECT 144G
(1) In this
Part—
"agreement" includes an arrangement;
"bet" includes—
(a)
place, accept or withdraw a bet;
(b)
cause a bet to be placed, accepted or withdrawn;
"conduct" means an act or omission to perform an act;
"encourage" includes command, request, propose, advise, incite, induce,
persuade, authorise, urge, pressure or threaten;
"engage in conduct" means—
(a) do
an act; or
(b) omit
to do an act;
"event" means an event (whether it takes place in this State or elsewhere) on
which it is lawful to bet under a law of this State, another State, a
Territory, or the Commonwealth;
"event contingency" means a contingency connected to an event, being a
contingency on which it is lawful to bet under a law of this State, another
State, a Territory, or the Commonwealth.
(2) In this Part, a
reference to betting on an event includes a reference to betting on an
event contingency.
(3) For the purposes
of this Part, conduct will be taken to be conduct that corrupts a betting
outcome if the conduct—
(a)
affects or, if engaged in, would or would be likely to affect the outcome of
any type of betting on the event; and
(b) is
contrary to the standards of integrity that a reasonable person would expect
of persons in a position to affect the outcome of any type of betting on an
event.
(4) For the purposes
of this Part, an agreement in respect of conduct that corrupts a betting
outcome of an event is an agreement between 2 or more persons under which
1 or more persons agree to engage in conduct that corrupts a betting
outcome of an event.
(5) For the purposes
of this Part, obtaining a financial advantage includes—
(a)
obtaining a financial advantage for oneself or for another person;
(b)
inducing a third person to do something that results in obtaining a financial
advantage for oneself or for another person;
(c)
retaining a financial advantage that one has,
whether the financial advantage is permanent or temporary.
(6) For the purposes
of this Part, causing a financial disadvantage includes—
(a)
causing a financial disadvantage to another person;
(b)
inducing a third person to do something that results in another person
suffering a financial disadvantage,
whether the financial disadvantage is permanent or temporary.
(7) In proceedings for
an offence against this Part, the defendant will be taken to have intended to
obtain a financial advantage, or cause a financial disadvantage, if, and only
if, it is proved that the defendant—
(a)
intended to obtain a financial advantage or to cause a financial disadvantage
in connection with betting on an event; or
(b) was
aware that another person intended to obtain a financial advantage or to cause
a financial disadvantage, in connection with betting on an event, as a result
of the conduct the subject of the charge.
(8) In proceedings
under this Part, it is not necessary to prove that a financial advantage was
actually obtained or a financial disadvantage was actually caused.
(9) In this section,
the "conduct the subject of the charge" means—
(a) in
the case of an offence against section 144H—the conduct that the
defendant engaged in; or
(b) in
the case of an offence against section 144I(1)—the conduct the
defendant offered to engage in; or
(c) in
the case of an offence against section 144I(2)—the conduct the
defendant encouraged another person to engage in; or
(d) in
the case of an offence against section 144I(3)—the conduct the
subject of the agreement; or
(e) in
the case of an offence against section 144J—the conduct, or the
conduct the subject of the agreement, that the defendant encouraged another
person to conceal.