§ 85 — Advertising unlawful gambling

85.—(1) A person commits an offence if the person advertises any unlawful gambling.(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000.

(3) For the purposes of this Division, a person advertises unlawful gambling if —(a)

the person informs the public of any place or any online location where unlawful gambling takes place or will take place or an unlawful gambling service is or is to be provided;

(b)

the person invites the public —(i)

to engage in any unlawful gambling;

(ii)

to seek information or material about opportunities to engage in any unlawful gambling;

(iii)

to commit money for unlawful gambling; or

(iv)

to seek information or material about opportunities to commit money for unlawful gambling;

(c)

with a view to increasing the use of facilities for unlawful gambling, the person brings them information or material about facilities for unlawful gambling or about an unlawful gambling service to the attention of one or more persons;

(d)

the person participates in or facilitates an activity knowing or believing that it is designed to —(i)

encourage one or more persons to take advantage (whether directly or through an agent) of facilities for unlawful gambling or of an unlawful gambling service; or

(ii)

increase the use of facilities for unlawful gambling or of an unlawful gambling service by bringing the facilities, or information or material about the facilities, to the attention of one or more persons; or

(e)

the person publishes a gambling advertisement about any unlawful gambling taking place or about to or an unlawful gambling service that is or is to be provided.

(4) For the purposes of subsection (3)(a), a person is to be treated as informing the public of places or an online location where unlawful gambling takes place or will take place, or an unlawful gambling service is or is to be provided, if the person publishes a gambling advertisement relating to unlawful gambling or an unlawful gambling service (as the case may be) on an online location that provides the opportunity for, or facilitates or enables, dissemination of information to the public or a section of the public (whether or not the particular publication results in the dissemination of information to the public or a section of the public).

(5) For the purposes of subsection (3)(c) or (d), a person is to be treated as bringing facilities for gambling to the attention of one or more persons with a view to increasing the use of the facilities if —(a)

the person enters into arrangements (whether by way of sponsorship, brand‑sharing or otherwise) under which a name is displayed in connection with an event or product; and

(b)

either —(i)

the provision of facilities for gambling is the sole or main activity undertaken under that name; or

(ii)

the manner or context in which the name is displayed is designed to draw attention to the fact that facilities for gambling are provided under that name.

(6) For the purposes of this Division, an advertisement is deemed advertising unlawful gambling if —(a)

in order for the gambling to take place as advertised without the commission of an offence under any provision of this Act, it would or might be necessary to rely on a licence, under this Act or another Act or an exception to an offence under this Act; and

(b)

at the time of advertising —(i)

arrangements for a licence, sufficient to prevent the commission of an offence under any provision of this Act if the gambling takes place as advertised, have not been completed; and

(ii)

the arrangements for the gambling or the conduct of the betting operation, game of chance or lottery, as advertised, are not such as to ensure that an exception to the offence under this Act will apply.

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

—(1) A person commits an offence if the person advertises any unlawful gambling.

(2) A person who is guilty of an offence under subsection (1) shall be liable on conviction to a fine not exceeding $20,000.

(3) For the purposes of this Division, a person advertises unlawful gambling if —(a)

the person informs the public of any place or any online location where unlawful gambling takes place or will take place or an unlawful gambling service is or is to be provided;

(b)

the person invites the public —(i)

to engage in any unlawful gambling;

(ii)

to seek information or material about opportunities to engage in any unlawful gambling;

(iii)

to commit money for unlawful gambling; or

(iv)

to seek information or material about opportunities to commit money for unlawful gambling;

(c)

with a view to increasing the use of facilities for unlawful gambling, the person brings them information or material about facilities for unlawful gambling or about an unlawful gambling service to the attention of one or more persons;

(d)

the person participates in or facilitates an activity knowing or believing that it is designed to —(i)

encourage one or more persons to take advantage (whether directly or through an agent) of facilities for unlawful gambling or of an unlawful gambling service; or

(ii)

increase the use of facilities for unlawful gambling or of an unlawful gambling service by bringing the facilities, or information or material about the facilities, to the attention of one or more persons; or

(e)

the person publishes a gambling advertisement about any unlawful gambling taking place or about to or an unlawful gambling service that is or is to be provided.

(4) For the purposes of subsection (3)(a), a person is to be treated as informing the public of places or an online location where unlawful gambling takes place or will take place, or an unlawful gambling service is or is to be provided, if the person publishes a gambling advertisement relating to unlawful gambling or an unlawful gambling service (as the case may be) on an online location that provides the opportunity for, or facilitates or enables, dissemination of information to the public or a section of the public (whether or not the particular publication results in the dissemination of information to the public or a section of the public).

(5) For the purposes of subsection (3)(c) or (d), a person is to be treated as bringing facilities for gambling to the attention of one or more persons with a view to increasing the use of the facilities if —(a)

the person enters into arrangements (whether by way of sponsorship, brand‑sharing or otherwise) under which a name is displayed in connection with an event or product; and

(b)

either —(i)

the provision of facilities for gambling is the sole or main activity undertaken under that name; or

(ii)

the manner or context in which the name is displayed is designed to draw attention to the fact that facilities for gambling are provided under that name.

(6) For the purposes of this Division, an advertisement is deemed advertising unlawful gambling if —(a)

in order for the gambling to take place as advertised without the commission of an offence under any provision of this Act, it would or might be necessary to rely on a licence, under this Act or another Act or an exception to an offence under this Act; and

(b)

at the time of advertising —(i)

arrangements for a licence, sufficient to prevent the commission of an offence under any provision of this Act if the gambling takes place as advertised, have not been completed; and

(ii)

the arrangements for the gambling or the conduct of the betting operation, game of chance or lottery, as advertised, are not such as to ensure that an exception to the offence under this Act will apply.

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