§ 21 — Having financial interest in unlawful gambling service

21.—(1) A person commits an offence if —(a)

the person has a financial interest in a gambling service; and

(b)

the gambling service is being provided in contravention of section 18(1) or 19(1).

(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the person —(a)

at the time of acquiring the financial interest in the gambling service, did not know, and had no reasonable cause to suspect, that the gambling service was being or would be provided in contravention of section 18(1) or 19(1); and

(b)

as soon as practicable after becoming aware that the gambling service was being provided in contravention of section 18(1) or 19(1), took all reasonable steps to divest the person’s financial interest.

(3) In this section, “financial interest” in a gambling service means an entitlement to receive —(a)

any of the income from the gambling service; or

(b)

a percentage or share from —(i)

any amount of any bet received, negotiated or accepted;

(ii)

any amount wagered on a game of chance conducted or to be conducted; or

(iii)

any amount of money or money equivalent paid or given by the participants of a lottery conducted or to be conducted,

in the course of providing the gambling service.

(4) A person who is guilty of an offence under subsection (1) —(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.

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

an offence under section 3 of the Betting Act 1960 repealed by this Act;

(b)

an offence under section 6 of the Common Gaming Houses Act 1961 repealed by this Act.

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

(7) Strict liability applies to an offence under subsection (1).

—(1) A person commits an offence if —(a)

the person has a financial interest in a gambling service; and

(b)

the gambling service is being provided in contravention of section 18(1) or 19(1).

(2) However, a person is not guilty of an offence under subsection (1) if the person proves, on a balance of probabilities, that the person —(a)

at the time of acquiring the financial interest in the gambling service, did not know, and had no reasonable cause to suspect, that the gambling service was being or would be provided in contravention of section 18(1) or 19(1); and

(b)

as soon as practicable after becoming aware that the gambling service was being provided in contravention of section 18(1) or 19(1), took all reasonable steps to divest the person’s financial interest.

(3) In this section, “financial interest” in a gambling service means an entitlement to receive —(a)

any of the income from the gambling service; or

(b)

a percentage or share from —(i)

any amount of any bet received, negotiated or accepted;

(ii)

any amount wagered on a game of chance conducted or to be conducted; or

(iii)

any amount of money or money equivalent paid or given by the participants of a lottery conducted or to be conducted,

in the course of providing the gambling service.

(4) A person who is guilty of an offence under subsection (1) —(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.

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

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

(b)

an offence under section 6 of the Common Gaming Houses Act 1961 repealed by this Act.

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

(7) Strict liability applies to an offence under subsection (1).