§ 30 — Gambling with underaged individuals

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

engages in gambling (that is not social gambling) with an underaged individual; or

(b)

engages in gambling (that is not social gambling) with another person on behalf of an underaged individual.Illustrations

Accepting a bet from, or giving or sending an acknowledgment of a bet to, an underaged individual.

Allowing an underaged individual to play a gaming machine in any gaming machine room.

Selling a ticket in a lottery to an underaged individual.

Accepting an entry in a lottery from an underaged individual.

Opening a betting account for betting, or registering an underaged individual as a player in a game of chance, conducted by remote communication.

(2) However, an accused is not guilty of an offence under this section if the accused proves, on a balance of probabilities, that the accused —(a)

had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual who is gambling (called in this section the gambler) was not an underaged individual; or

(b)

had received from the gambler evidence purporting to show that the gambler was not an underaged individual, and that it was reasonable to and the accused did accept that evidence as correct.

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding 6 years or to both.

(4) Subsection (1)(b) does not apply in respect of the playing of a gaming machine that is played by —(a)

inserting a coin or gaming token into the machine;

(b)

causing gaming machine credits to be registered by the machine;

(c)

making a bet on the machine; or

(d)

causing the activation of any process relating to the gaming machine game of the machine,

such as but not limited to a jackpot machine.

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

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

engages in gambling (that is not social gambling) with an underaged individual; or

(b)

engages in gambling (that is not social gambling) with another person on behalf of an underaged individual.Illustrations

Accepting a bet from, or giving or sending an acknowledgment of a bet to, an underaged individual.

Allowing an underaged individual to play a gaming machine in any gaming machine room.

Selling a ticket in a lottery to an underaged individual.

Accepting an entry in a lottery from an underaged individual.

Opening a betting account for betting, or registering an underaged individual as a player in a game of chance, conducted by remote communication.

(2) However, an accused is not guilty of an offence under this section if the accused proves, on a balance of probabilities, that the accused —(a)

had reasonable grounds to believe and did make reasonable inquiries to ascertain that the individual who is gambling (called in this section the gambler) was not an underaged individual; or

(b)

had received from the gambler evidence purporting to show that the gambler was not an underaged individual, and that it was reasonable to and the accused did accept that evidence as correct.

(3) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $300,000 or to imprisonment for a term not exceeding 6 years or to both.

(4) Subsection (1)(b) does not apply in respect of the playing of a gaming machine that is played by —(a)

inserting a coin or gaming token into the machine;

(b)

causing gaming machine credits to be registered by the machine;

(c)

making a bet on the machine; or

(d)

causing the activation of any process relating to the gaming machine game of the machine,

such as but not limited to a jackpot machine.

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