§ 18 — Unlawful conduct of betting operations, gaming or lotteries

18.—(1) A person must not conduct any betting operation, or conduct gaming or any lottery, unless the person is one of the following:(a)

a person granted a licence authorising the person to provide a gambling service involving, as the case may be —(i)

conducting that betting operation or a betting operation of that kind;

(ii)

conducting gaming or gaming of that kind; or

(iii)

conducting that lottery or a lottery of that kind;

(b)

a class licensee authorised under a class licence to provide a gambling service involving, as the case may be —(i)

conducting that betting operation or a betting operation of that kind;

(ii)

conducting gaming or gaming of that kind; or

(iii)

conducting that lottery or a lottery of that kind;

(c)

an employee of a licensee mentioned in paragraph (a) or a class licensee mentioned in paragraph (b), who is conducting the betting operation or conducting gaming or a lottery —(i)

on behalf of, or in accordance with arrangements made by, his or her employer; and

(ii)

in connection with the gambling service that is authorised by the licence or class licence of the licensee or class licensee;

(d)

a gambling service agent (or an employee thereof) of a licensee mentioned in paragraph (a) or a class licensee mentioned in paragraph (b), which is conducting the betting operation or conducting gaming or a lottery —(i)

on behalf of, or in accordance with arrangements made by, the licensee or class licensee; and

(ii)

in connection with the gambling service that is authorised by the licence or class licence of the licensee or class licensee;

(e)

a person exempt from this section in relation to whichever of the following that is applicable:(i)

conducting that betting operation or a betting operation of that kind;

(ii)

conducting gaming or gaming of that kind; or

(iii)

conducting that lottery or a lottery of that kind;

(f)

a person granted a casino licence to conduct that betting operation, gaming or lottery within a casino (or an employee thereof) and where the betting operation, gaming or lottery is conducted within the casino.

(2) Subject to subsection (3), a person who contravenes subsection (1) shall be guilty of an offence and —(a)

shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but

(b)

where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years.

(3) However, a person who contravenes subsection (1) by engaging in conduct described in section 6(2), 8(3) or 10(2) shall be guilty of an offence and —(a)

shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 5 years; but

(b)

where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years.

(4) The following offences are each a countable offence for the purpose of the reference in subsection (2) or (3) to a “repeat offender”:(a)

an offence under section 3 of the Betting Act 1960 repealed by this Act;

(b)

an offence under section 4 or 5 of the Common Gaming Houses Act 1961 repealed by this Act;

(c)

an offence under section 9, 10 or 11 of the Remote Gambling Act 2014 repealed by this Act.

(5) An offence under this section is an arrestable offence.

(6) Strict liability applies to an offence under this section.

—(1) A person must not conduct any betting operation, or conduct gaming or any lottery, unless the person is one of the following:(a)

a person granted a licence authorising the person to provide a gambling service involving, as the case may be —(i)

conducting that betting operation or a betting operation of that kind;

(ii)

conducting gaming or gaming of that kind; or

(iii)

conducting that lottery or a lottery of that kind;

(b)

a class licensee authorised under a class licence to provide a gambling service involving, as the case may be —(i)

conducting that betting operation or a betting operation of that kind;

(ii)

conducting gaming or gaming of that kind; or

(iii)

conducting that lottery or a lottery of that kind;

(c)

an employee of a licensee mentioned in paragraph (a) or a class licensee mentioned in paragraph (b), who is conducting the betting operation or conducting gaming or a lottery —(i)

on behalf of, or in accordance with arrangements made by, his or her employer; and

(ii)

in connection with the gambling service that is authorised by the licence or class licence of the licensee or class licensee;

(d)

a gambling service agent (or an employee thereof) of a licensee mentioned in paragraph (a) or a class licensee mentioned in paragraph (b), which is conducting the betting operation or conducting gaming or a lottery —(i)

on behalf of, or in accordance with arrangements made by, the licensee or class licensee; and

(ii)

in connection with the gambling service that is authorised by the licence or class licence of the licensee or class licensee;

(e)

a person exempt from this section in relation to whichever of the following that is applicable:(i)

conducting that betting operation or a betting operation of that kind;

(ii)

conducting gaming or gaming of that kind; or

(iii)

conducting that lottery or a lottery of that kind;

(f)

a person granted a casino licence to conduct that betting operation, gaming or lottery within a casino (or an employee thereof) and where the betting operation, gaming or lottery is conducted within the casino.

(2) Subject to subsection (3), a person who contravenes subsection (1) shall be guilty of an offence and —(a)

shall be liable on conviction to a fine not exceeding $500,000 and shall also be punished with imprisonment for a term not exceeding 7 years; but

(b)

where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $700,000 and shall also be punished with imprisonment for a term not exceeding 10 years.

(3) However, a person who contravenes subsection (1) by engaging in conduct described in section 6(2), 8(3) or 10(2) shall be guilty of an offence and —(a)

shall be liable on conviction to a fine not exceeding $200,000 and shall also be punished with imprisonment for a term not exceeding 5 years; but

(b)

where the person is a repeat offender, shall be liable on conviction to a fine not exceeding $300,000 and shall also be punished with imprisonment for a term not exceeding 7 years.

(4) The following offences are each a countable offence for the purpose of the reference in subsection (2) or (3) to a “repeat offender”:(a)

an offence under section 3 of the Betting Act 1960 repealed by this Act;

(b)

an offence under section 4 or 5 of the Common Gaming Houses Act 1961 repealed by this Act;

(c)

an offence under section 9, 10 or 11 of the Remote Gambling Act 2014 repealed by this Act.

(5) An offence under this section is an arrestable offence.

(6) Strict liability applies to an offence under this section.