New South Wales Consolidated Acts

CRIMES ACT 1900 - SECT 193Q

193Q Use of corrupt conduct information or inside information for betting purposes

(1) A person who possesses information in connection with an event that is corrupt conduct information, and who knows or is reckless as to whether the information is corrupt conduct information, is guilty of an offence if the person--

(a) bets on the event, or

(b) encourages another person to bet on the event in a particular way, or

(c) communicates the information to another person who the first person knows or ought reasonably to know would or would be likely to bet on the event.

: Maximum penalty--Imprisonment for 10 years.

(2) A person who possesses information in connection with an event that is inside information, and who knows or is reckless as to whether the information is inside information, is guilty of an offence if the person--

(a) bets on the event, or

(b) encourages another person to bet on the event in a particular way, or

(c) communicates the information to another person who the first person knows or ought reasonably to know would or would be likely to bet on the event.

: Maximum penalty--Imprisonment for 2 years.

(3) Information in connection with an event is
"corrupt conduct information" if the information is about conduct, or proposed conduct, that corrupts a betting outcome of the event.

(4) Information in connection with an event is
"inside information" if the information--

(a) is not generally available, and

(b) if it were generally available, would, or would be likely to, influence persons who commonly bet on the event in deciding whether or not to bet on the event or making any other betting decision.

(5) Information is
"generally available" if--

(a) it consists of matter that is readily observable by the public, or

(b) it has been made known in a manner that would, or would be likely to, bring it to the attention of the public, or

(c) it consists of deductions, conclusions or inferences made or drawn from information referred to in paragraph (a) or (b).

(6) In proceedings for an offence against subsection (1) (b) or (c) or (2) (b) or (c) it is not necessary to prove that the person encouraged to bet, or to whom information was communicated, actually bet on the event concerned.

(7) If, on the trial of a person for an offence under subsection (1), the trier of fact is not satisfied that the accused is guilty of the offence charged but is satisfied that the accused is guilty of an offence under subsection (2), it may find the accused not guilty of the offence charged but guilty of an offence under subsection (2), and the accused is liable to punishment accordingly.

(8) A reference in this section to communicating information includes a reference to causing information to be communicated.