AustLII Tasmanian Consolidated Acts

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GAMING CONTROL ACT 1993 - SECT 76B

76B. Offence to conduct gaming business without endorsed Tasmanian gaming licence

      (1) In this section,

"game" includes a major lottery, pools and a game that is a prescribed game for the purposes of the definition of "game" in section 3(1).

      (2) A person must not, except under the authority of an appropriately endorsed Tasmanian gaming licence carry on in or from Tasmania a business of conducting a gaming activity.

Penalty:

In the case of –

(a) a first offence – a fine not exceeding 600 penalty units; and

(b) a second or subsequent offence – a fine not exceeding 1 000 penalty units or imprisonment for a term not exceeding 2 years, or both.

      (3) For the purposes of subsection (2), if money is placed or deposited at premises for the purpose of using the money on behalf of a person as a wager in a gaming activity, that activity is taken to be conducted at those premises.

      (4) Subsection (2) does not apply to –

(a) a gaming activity carried on –

(i) by a person registered as a bookmaker under the Racing Regulation Act 2004; and

(ii) as authorised by or under that Act; and

(b) a simulated game in which all wagers are returned to players, whether as prizes or otherwise; and

(c) .  .  .  .  .  .  .  .  

(d) the sale in Tasmania of tickets in a foreign game under the authority of a foreign games permit.

      (5) A person who supplies to the public a listed carriage service (within the meaning of the Telecommunications Act 1997 of the Commonwealth) that enables end-users to access the Internet is not guilty of an offence under subsection (2) by reason only of hosting or carrying information that is kept on a data storage device and accessed, or available for access, using that service if the person was not aware of that information.



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