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CRIMINAL CODE 1899 - SECT 443F
Using or disclosing inside knowledge for betting
443F Using or disclosing inside knowledge for betting
(1) For this section, information or knowledge that a person has about a
sporting event or sporting contingency is
"inside knowledge" if— (a) a person possesses the information or knowledge
because the person— (i) is or was involved in, or connected to, the conduct,
management or organisation of the sporting event or any part of the event; or
(ii) has or had a connection to an entity that is, or will be, a participant
in the sporting event or any part of the event; and
(b) the information or
knowledge is not publicly available information; and
(c) if the information
or knowledge were publicly available information, would, or would be likely
to, influence persons betting on the event or contingency in deciding whether
to bet on the event or contingency; and
(d) use of the information by the
person to make a relevant bet would be contrary to the standards of integrity
that an ordinary person would reasonably expect of persons in possession of
the knowledge or information.
(2) A person who has inside knowledge in
relation to a sporting event or sporting contingency and— (a) makes a
relevant bet in relation to the event or contingency; or
(b) encourages
another person to make a relevant bet in relation to the event or contingency;
commits a crime. Penalty— Maximum penalty—2 years imprisonment.
(3) A person who— (a) has inside knowledge in relation to a sporting event
or sporting contingency; and
(b) discloses the inside knowledge to another
person for the purpose of the other person making a relevant bet in relation
to the event or contingency;
commits a crime. Penalty— Maximum
penalty—2 years imprisonment.
(4) A person who— (a) receives
information in relation to a sporting event or sporting contingency from
another person; and
(b) knows, or ought reasonably to know, the information
is inside knowledge in relation to the event or contingency; and
(c) after
receiving the inside knowledge— (i) makes a relevant bet in relation to the
event or contingency; or
(ii) encourages another person to make a
relevant bet in relation to the event or contingency;
commits a crime.
Penalty— Maximum penalty—2 years imprisonment.
(5) For subsection
(2) (b) , (3) (b) or (4) (c) (ii) , it does not matter whether a person
mentioned in that provision makes a relevant bet in relation to the event or
contingency.
(6) In this section—
"publicly available information" means information that— (a) is readily
available to the public; or
(b) has been made known in a manner that would,
or would be likely to, bring it to the attention of the public; or
(c)
consists of deductions, conclusions or inferences made or drawn from
information mentioned in paragraph (a) or (b) .
"relevant bet" , in relation to a sporting event or a sporting contingency,
means a bet on the outcome of the event or the happening of the sporting
contingency on behalf of any person.
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