Unlawful Gambling Act 1998 (NSW)

Unlawful Gambling Act 1998 No 113

An Act to impose prohibitions on certain gambling activities and in relation to premises used for gambling; to repeal the Gaming and Betting Act 1912; to amend the Crimes Act 1900 to create an offence of conducting an unlawful gambling operation; to amend certain other Acts; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Unlawful Gambling Act 1998.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation. (2) In particular, different days may be appointed for the commencement of section 60 for the purpose of repealing different provisions of the Gaming and Betting Act 1912, or the regulations under that Act, on different days.

3 Objects of Act The objects of this Act are as follows— (a) to prohibit, in the public interest, certain forms of gambling, (b) to prevent the loss of public revenue that is derived from lawful forms of gambling, (c) to deter criminal influence and exploitation in connection with gambling activities.

4 Definitions In this Act— bookmaker includes any person— (a) who carries on the business of, or who acts as, a bookmaker, bookmaker's clerk or turf commission agent, or (b) who gains, or endeavours to gain, a livelihood wholly or partly by betting or making wagers. declared gambling premises means any premises that are the subject of— (a) an interim declaration under section 20, or (b) a final declaration under section 24. exercise a function includes perform a duty. function includes a duty. gambling includes gaming, betting or wagering. gambling premises means any premises that are— (a) used for playing or taking part in an unlawful game, or (b) used as a common gaming house at common law, or (c) used for or in connection with bookmaking carried on by or on behalf of a person who is not a licensed bookmaker. gaming equipment means any device or thing used, or capable of being used, for or in connection with the playing of an unlawful game. licensed bookmaker and licensed racecourse have the same meanings as they have in the Betting and Racing Act 1998. money includes any valuable thing or any security for money. occupier of premises includes the lessee or sublessee who is not the owner of the premises. owner of premises includes any person who is— (a) entitled to freehold possession of the premises, or (b) in actual receipt of, or entitled to receive, or if the premises were let to a tenant, would be entitled to receive, the rents and profits of the premises. premises includes— (a) a building or structure, or part of a building or structure (such as a room), or (b) any land (whether or not built on), or (c) a vehicle or a vessel (whether or not used in navigation). prohibited gaming device—see section 6. senior police officer means a police officer of or above the rank of senior sergeant. unlawful gambling aid means any money, or any article of a kind prescribed by the regulations for the purposes of this definition, that is used— (a) for or in connection with any form of gambling that is prohibited by or under this Act, or (b) for the purposes of a transaction that is dependent on any such form of gambling, whether or not (in the case of an article) it is ordinarily used for some other purpose. unlawful game—see section 5.