(1)  A person must not wager through a betting exchange if the person is a direct participant in the brokered wagering event to which the wager relates.

Penalty:  Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.

(2)  A person who has an interest in the outcome of a brokered wagering event must not, through a betting exchange, place or accept a wager of a kind that could reasonably be taken to constitute an inducement for –

(a) a human competitor in the event –

(i) to withdraw from, become disqualified for or fail to participate in the event; or

(ii) not to participate in the event to the best of the human competitor's ability; or

(iii) to interfere with or jeopardise, contrary to the rules of the event, the performance of other human competitors, or any non-human competitors, in the event; or

(iv) to commit an offence against section 165 ; or

(b) an official in the event –

(i) not to officiate in the event impartially; or

(ii) to commit an offence against section 165 .

Penalty:  Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.

(3)  The owner of a horse or greyhound must not wager through a betting exchange that, in a race or event in which the horse or greyhound is competing or entered to compete, the horse or greyhound will fail to –

(a) win first place; or

(b) be placed second; or

(c) be placed third; or

(d) win first place or be placed second or third; or

(e) win first place or be placed second; or

(f) win first place or be placed third; or

(g) be placed second or third.

Penalty:  Fine not exceeding 10 000 penalty units or imprisonment for a term not exceeding 4 years, or both.

(4)  A betting exchange operator must inform the Commission immediately if the operator knows or reasonably suspects that a person has placed or accepted, or is trying to place or accept, a wager of the kind referred to in subsection (1) , (2) or (3) through the operator's betting exchange.

Penalty:  Fine not exceeding 10 000 penalty units.

(5)  For the purposes of this section, a person is taken to have an interest in the outcome of a brokered wagering event if the person is –

(a) a direct or indirect participant in the event; or

(b) an associate of a direct or indirect participant in the event.

(6)  For the purposes of this section, a person is another person's associate if the first-mentioned person –

(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in right of the first-mentioned person or on behalf of any other person) in a business of the other person, and by virtue of that interest or power, is able or will be able to exercise a significant influence over or with respect to the management or operation of that business; or

(b) holds or will hold any relevant position (whether in right of the first-mentioned person or on behalf of any other person) in a business of the other person; or

(c) is a relative of the other person.

(7)  In this section –

competitor includes, in the case of a horse race, a jockey or driver of a horse competing or entered to compete in the race;

direct participant , in a brokered wagering event, means –

(a) in the case of a horse race, a licensed person who trains, rides or drives, or performs another function in respect of, a horse in the race; or

(b) in the case of a greyhound race, a licensed person who, other than as an owner, trains, or performs another function in respect of, a greyhound in the race; or

(c) in any other case, a person who –

(i) competes in the event; or

(ii) is entitled, under the rules of the event, to give direct technical or logistical support to a person competing in the event while it is underway;

Example 1 The members of pit crews in a motor race give direct technical and logistical support to the drivers competing in that race.

indirect participant , in a brokered wagering event, means a person who, though not a direct participant in the event, is capable of influencing or deciding the outcome of the event or the outcome of a contingency relating to that event;

Example 2 A team doctor or physiotherapist, a sportsground curator, an official, a member of a tribunal that hears protests or appeals concerning rules, disqualifications or results.

licensed means licensed or registered under –

(a) the Rules of Racing within the meaning of the Racing Regulation Act 2004 ; or

(b) rules in force in another State, or in a Territory, that are equivalent or substantially equivalent to the rules referred to in paragraph (a) ;

official includes marshal, scorer, steward, time-keeper and umpire;

partner means the person with whom a person is in a personal relationship within the meaning of the Relationships Act 2003 ;

relative means spouse, partner, parent, child or sibling (whether of the full or half blood);

relevant financial interest , in relation to a business, means –

(a) any share in the capital of the business; or

(b) any entitlement to receive any income derived from the business;

relevant position , in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated in that business;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –

(a) to participate in a directorial, managerial or executive decision; or

(b) to elect or appoint any person to any relevant position.

(8)  The examples in subsection (7) are a part of the law.