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Cheating at Gambling Law Reform Commission Report 130 NSWLRC | R 130 New South Wales Cheating at gambling at Cheating Law Reform Commission Report 130 Cheating at gambling NSW Law Reform Commission Level 13 Swire House Phone: 02 8061 9270 10 Spring Street Fax: 02 8061 9376 Sydney NSW 2000 Australia Email: [email protected] Internet: www.lawlink.nsw.gov.au/lrc GPO Box 5199 August 2011 Sydney NSW 2001 Australia ISSN 1030 0244 www.lawlink.nsw.gov.au/lrc DX 1227 Sydney ISBN 978-0-7347-2654-4 New South Wales Law Reform Commission Report 130 Cheating at gambling August 2011 www.lawlink.nsw.gov.au/lrc Report 130 Cheating at gambling © New South Wales Law Reform Commission, Sydney, 2011 Copyright permissions This publication may be copied, distributed, displayed, downloaded and otherwise freely dealt with for any personal or non-commercial purpose, on condition that proper acknowledgment is included on all uses. However, you must obtain permission from the NSW Law Reform Commission if you wish to: charge others for access to the publication (other than at cost); include all or part of the publication in advertising or a product for sale; or modify the publication. Disclaimer While this publication has been formulated with due care, the NSW Law Reform Commission does not warrant or represent that it is free from errors or omission, or that it is exhaustive. This publication deals with the law at the time it was first published and may not necessarily represent the current law. Readers are responsible for making their own assessment of this publication and should verify all relevant representations, statements and information with their own professional advisers. Other publication formats The NSW Law Reform Commission is committed to meeting fully its obligations under State and Commonwealth anti-discrimination legislation to ensure that people with disabilities have full and equal access to our services. This publication is available in alternative formats. If you require assistance, please contact the Commission (details on back cover). Cataloguing-in-publication Cataloguing-in-publication data is available from the National Library of Australia. ISSN 1030-0244 (Report) ISBN 978-0-7347-2654-4 (pbk) ii NSW Law Reform Commission The Hon G Smith SC MP Attorney General for New South Wales Level 31, Governor Macquarie Tower 1 Farrer Place SYDNEY NSW 2000 Dear Attorney Cheating at gambling We make this report pursuant to the reference to this Commission received 5 January 2011. The Hon James Wood AO QC Chairperson August 2011 NSW Law Reform Commission iii Table of contents Table of contents ............................................................................................................................iv Participants .....................................................................................................................................vi Terms of reference.........................................................................................................................vii Executive summary ............................................................................................. viii Recommendations ................................................................................................. xi 1. Introduction ....................................................................................................... 1 This review...................................................................................................................................... 1 Developments since the release of CP12 ....................................................................................... 2 Sports-fixing events ................................................................................................................. 2 International responses............................................................................................................ 4 Australian responses ............................................................................................................... 6 Regulation of sports betting ............................................................................................................ 7 Regulation of gaming ...................................................................................................................... 8 2. Cheating at gambling – new criminal offences .............................................. 9 Background..................................................................................................................................... 9 The new offences.......................................................................................................................... 13 Corrupting betting outcomes of an event ............................................................................... 13 Betting.................................................................................................................................... 15 Events and event contingencies ............................................................................................ 15 Obtaining financial advantage or causing financial disadvantage.......................................... 16 Encouraging conduct .............................................................................................................18 Offence of engaging in conduct that corrupts betting outcomes ............................................ 18 Offences of facilitating conduct that corrupts betting outcomes ............................................. 21 Offence of encouraging the concealment of conduct that corrupts a betting outcome........... 23 Offence of using inside information about an event for betting purposes............................... 24 Penalties for the new offences ...................................................................................................... 29 Miscellaneous issues .................................................................................................................... 31 Withdrawal ............................................................................................................................. 31 Jurisdictional application ........................................................................................................ 32 Location of the provisions ......................................................................................................33 3. Gaming in NSW ............................................................................................... 35 Background................................................................................................................................... 35 Current statutory framework.......................................................................................................... 37 New South Wales .................................................................................................................. 37 Commonwealth...................................................................................................................... 38 Codification or consolidation of the NSW gaming laws ................................................................. 39 Offences ................................................................................................................................ 40 Inspectors’ appointment and powers ..................................................................................... 42 Options for reform .................................................................................................................. 45 Implementation ...................................................................................................................... 47 Miscellaneous gaming opportunities ............................................................................................. 48 Trackside ............................................................................................................................... 48 Virtual reality gambling........................................................................................................... 48 Club and hotel poker tournaments......................................................................................... 49 iv NSW Law Reform Commission Table of contents 4. Regulatory structure ....................................................................................... 51 Wagering on sporting and other events ........................................................................................ 51 A national approach............................................................................................................... 51 Sports controlling bodies .......................................................................................................52 Codes of conduct................................................................................................................... 56 Anti-corruption education programs....................................................................................... 58 Betting agencies and exchange of information ...................................................................... 59 Approval of betting events ..................................................................................................... 60 Cross-border collaboration..................................................................................................... 64 A national sports betting integrity unit ...................................................................................
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