Gambling and gambling-related offences

Gambling is defined in the Act as an activity which includes all of the following:

• a prize of money or something else of value is offered or can be won
• a person pays or stakes money or some other valuable consideration to participate
• the outcome involves, or is presented as involving, an element of chance.

An activity is defined as 'gambling' if it involves an element of chance. This applies even if the outcome of the activity may be influenced by a person's skill.

'Unauthorised gambling' means gambling that is not authorised by or under the Act or other legislation.

A person conducts unauthorised gambling if they:

• organise, manage or supervise unauthorised gambling
• distribute a prize offered in unauthorised gambling
• distribute money paid or staked in unauthorised gambling
• facilitate participation in unauthorised gambling (including by allowing a person to participate in unauthorised gambling)
• use a document, device, piece of equipment or other thing for the purposes of enabling unauthorised gambling to take place
• assists in any of the above activities.

A person does not conduct unauthorised gambling if they only participate in unauthorised gambling.

Activities that do not fall under the definition of gambling include:

• an activity that is undertaken with no intention to raise money, in which all money is returned to the participants, and from which the organiser or manager of the activity does not profit
• an activity in which all participation is free of charge
• the receiving of winnings by:
  • the winner of a horse or other race, sport, game or exercise
  • the owner of the horse
• a private raffle among employees where the net proceeds of the raffle are appropriated to provide amenities for employees and where the value of the prize does not exceed $5,000
• an activity prescribed in the Regulations.

Some activities that fall within the new definition of 'gambling' are defined as being 'authorised' for the purposes of the Act. These include:

• games at amusement centres, fetes or carnivals
• betting games on approved foot or bicycle races
• approved Calcutta Sweepstakes
• the conduct of two-up associated with ANZAC day:
  • Two-up may ONLY be played at RSL clubs, sub-branches, or any venue used by the RSL for a commemorative event. The Victorian State Branch MUST approve all RSL club and sub-branch applications to play two-up. This includes two-up games on ANZAC Day itself and commemorative functions seven days prior to ANZAC Day. For further information about the application process, please contact the State Branch of the RSL on (03) 9655 5555, or email rslvic@rslvic.com.au

Conduct of these activities (in accordance with the legislative provisions applying to them) will not constitute an 'unauthorised gambling' offence.

Offences specified under the Act are:

• unauthorised gambling
• advertising unauthorised gambling
• providing a place for unauthorised gambling.

Penalties for breaching the Act include up to:

• two years imprisonment
• 100 penalty units
• a combination of penalty units and imprisonment.