CRIMES AMENDMENT (INTEGRITY IN SPORTS) ACT 2013 (NO. 20 OF 2013) - SECT 3 New Division 2B inserted in Part I of the Crimes Act 1958
CRIMES AMENDMENT (INTEGRITY IN SPORTS) ACT 2013 (NO. 20 OF 2013) - SECT 3
New Division 2B inserted in Part I of the Crimes Act 1958After Division 2A of Part I of the Crimes Act 1958 insert —
" Division 2B—Cheating at gambling
195B Interpretation
(1) In this Division—
"bet" includes—
(a) place, accept or withdraw a bet; and
(b) cause a bet to be placed, accepted or withdrawn;
"causing a financial disadvantage" includes—
(a) causing a financial disadvantage to another person; and
(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;
"conduct" means an act or omission to do an act;
conduct that corrupts or would corrupt a betting outcome of an event or an event contingency means conduct that—
(a) affects or, if engaged in, would or would be likely to affect the outcome of any type of betting on the event or event contingency; 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 the event or event contingency;
"encourage" includes incite, induce, persuade, urge, threaten or pressure;
"engage in conduct" means—
(a) do an act; or
(b) omit to do an act;
"event" means an event (whether it takes place in Victoria or elsewhere) on which it is lawful to bet under a law of Victoria, 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 Victoria, another State, a Territory or the Commonwealth;
"obtaining a financial advantage" includes—
(a) obtaining a financial advantage for oneself or another person; and
(b) inducing a third person to do something that results in obtaining a financial advantage for oneself or for another person; and
(c) retaining a financial advantage that one has—
whether the financial advantage is permanent or temporary.
(2) In a proceeding for an offence against this Division, an accused 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 accused—
(a) intended to obtain a financial advantage, or to cause a financial disadvantage, in connection with betting on an event or event contingency; 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 or event contingency as a result of the conduct that is the subject of the charge.
(3) In a proceeding for an offence against this Division, it is not necessary to prove that a financial advantage was actually obtained or a financial disadvantage was actually caused.
195C Engaging in conduct that corrupts or would corrupt a betting outcome of event or event contingency
A person must not engage in conduct that corrupts or would corrupt a betting outcome of an event or event contingency—
(a) knowing that, or being reckless as to whether, the conduct corrupts or would corrupt a betting outcome of the event or the event contingency; and
(b) intending to obtain a financial advantage, or to cause a financial disadvantage, in connection with any betting on the event or the event contingency.
Penalty: level 5 imprisonment (10 years maximum).
195D Facilitating conduct that corrupts or would corrupt a betting outcome of event or event contingency
(1) A person must not offer to engage in, or encourage another person to engage in, conduct that corrupts or would corrupt a betting outcome of an event or event contingency—
(a) knowing that, or being reckless as to whether, the conduct corrupts or would corrupt a betting outcome of the event or event contingency; and
(b) intending to obtain a financial advantage, or to cause a financial disadvantage, in connection with any betting on the event or the event contingency.
Penalty: level 5 imprisonment (10 years maximum).
(2) A person must not enter into an agreement or arrangement in respect of conduct that corrupts or would corrupt a betting outcome of an event or event contingency—
(a) knowing that, or being reckless as to whether, the conduct the subject of the agreement or arrangement corrupts or would corrupt a betting outcome of the event or event contingency; and
(b) intending to obtain a financial advantage, or to cause a financial disadvantage, in connection with any betting on the event or the event contingency.
Penalty: level 5 imprisonment (10 years maximum).
195E Concealing conduct, agreement or arrangement
(1) A person must not encourage another person to conceal from a relevant authority conduct, or an agreement or arrangement in respect of conduct, that corrupts or would corrupt a betting outcome of an event or event contingency—
(a) knowing that, or being reckless as to whether, the conduct corrupts or would corrupt a betting outcome of the event or event contingency; and
(b) intending to obtain a financial advantage, or cause a financial disadvantage, in connection with any betting on the event or event contingency.
Penalty: level 5 imprisonment (10 years maximum).
(2) In this section "relevant authority" means—
(a) a member of the police force; or
(b) a body that has the official function of controlling, regulating or supervising an event or betting on an event; or
(c) any other authority of a kind prescribed by regulation.
195F Use of corrupt conduct information for betting purposes
(1) A person who—
(a) possesses information in connection with an event or event contingency about conduct that corrupts or would corrupt a betting outcome of the event or event contingency; and
(b) knows that, or is reckless as to whether, the information is about conduct that corrupts or would corrupt a betting outcome of the event or event contingency—
must not, if the information is relevant to the bet—
(c) bet on the event or event contingency; or
(d) encourage another person to bet on the event or event contingency in a particular way; or
(e) communicate the information, or cause the information to be communicated, to another person who the first person knows or ought reasonably to know would, or would be likely to, bet on the event or event contingency.
Penalty: level 5 imprisonment (10 years maximum).
(2) In a proceeding for an offence against subsection (1)(d) or (e), it is not necessary to prove that the other person actually bet on the event or event contingency concerned.".