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UNLAWFUL GAMBLING ACT 2009 - NOTES

Dictionary

(see s 3)

Note 1     The Legislation Act

contains definitions and other provisions relevant to this Act.

Note 2     For example, the Legislation Act

, dict, pt 1, defines the following terms:

              •     ACAT

              •     ACT

              •     Executive

              •     fail

              •     function

              •     gambling and racing commission

              •     public servant

              •     the Territory.

"approval" means an approval under part 3.

"authorised officer" means an authorised officer under the Control Act

, section 20.

"betting"––see section 6.

"charitable organisation" means an organisation, society, institution or body carried on for a religious, educational, benevolent or charitable purpose, other than one carried on for securing financial benefits to its members.

"charitable purpose" includes any benevolent, philanthropic or patriotic purpose.

"commission" means the gambling and racing commission.

"Control Act" means the Gambling and Racing Control Act 1999

.

"exempt game"—see section 9.

"exempt private game"—see section 10.

"exempt two-up game"—see section 20.

"gaming"—see the Control Act

, dictionary.

"gaming equipment"—see the Control Act

, dictionary.

"gaming law"—see the Control Act

, dictionary.

"instrument of betting" means any electrical, electronic or mechanical device or any other thing—

        (a)     used, or suitable for use, in connection with betting; or

        (b)     designed or adapted for use for or in relation to betting.

"instrument of gambling" means an instrument of betting or an instrument of gaming.

"instrument of gaming" means gaming equipment or chips.

"place" includes premises, structure, vehicle and vessel.

"unlawful betting"—see section 6.

"unlawful gambling"—see section 8.

"unlawful game"—see section 7.

Endnotes

1     About the endnotes

Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes.

Not all editorial amendments made under the Legislation Act 2001

, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office.

Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.

If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering.

The endnotes also include a table of earlier republications.

2     Abbreviation key

A = Act

NI = Notifiable instrument

AF = Approved form

o = order

am = amended

om = omitted/repealed

amdt = amendment

ord = ordinance

AR = Assembly resolution

orig = original

ch = chapter

par = paragraph/subparagraph

CN = Commencement notice

pres = present

def = definition

prev = previous

DI = Disallowable instrument

(prev...) = previously

dict = dictionary

pt = part

disallowed = disallowed by the Legislative

r = rule/subrule

Assembly

reloc = relocated

div = division

renum = renumbered

exp = expires/expired

R[X] = Republication No

Gaz = gazette

RI = reissue

hdg = heading

s = section/subsection

IA = Interpretation Act 1967

sch = schedule

ins = inserted/added

sdiv = subdivision

LA = Legislation Act 2001

SL = Subordinate law

LR = legislation register

sub = substituted

LRA = Legislation (Republication) Act 1996

underlining = whole or part not commenced

mod = modified/modification

or to be expired

3     Legislation history

Unlawful Gambling Act 2009 A2009-39

notified LR 17 November 2009

s 1, s 2 commenced 17 November 2009 (LA s 75 (1))

remainder commenced 22 March 2010 (s 2 and CN2010-2

)

as amended by

Statute Law Amendment Act 2010

A2010-18 sch 3 pt 3.26

notified LR 13 May 2010

s 1, s 2 commenced 13 May 2010 (LA s 75 (1))

sch 3 pt 3.26 commenced 3 June 2010 (s 2)

Directors Liability Legislation Amendment Act 2013

A2013-4 sch 1 pt 1.10

notified LR 21 February 2013

s 1, s 2 commenced 21 February 2013 (LA s 75 (1))

sch 1 pt 1.10 commenced 22 February 2013 (s 2)

Revenue Legislation Amendment Act 2017

A2017-1 sch 1 pt 1.12

notified LR 22 February 2017

s 1, s 2 commenced 22 February 2017 (LA s 75 (1))

sch 1 pt 1.12 commenced 18 September 2017 (s 2 (1) and CN2017-5

)

4     Amendment history

Commencement
s 2     om LA s 89 (4)

Dictionary
s 3     am A2017-1

amdt 1.130

Criminal liability of executive officers
s 34     sub A2013-4

amdt 1.12

Meaning of betting and unlawful betting
s 6 hdg     sub A2010-18

amdt 3.117

Legislation amended—sch 2
s 50     om LA s 89 (3)

Legislation repealed
s 51     om LA s 89 (3)

Consequential amendments
sch 2 hdg     om LA s 89 (3)

Gambling and Racing Control Act 1999
sch 2 pt 2.1     om LA s 89 (3)

Legislation Act 2001
sch 2 pt 2.2     om LA s 89 (3)

Liquor Act 1975
sch 2 pt 2.3     om LA s 89 (3)

Lotteries Act 1964
sch 2 pt 2.4     om LA s 89 (3)

Pool Betting Act 1964
sch 2 pt 2.5     om LA s 89 (3)

Race and Sports Bookmaking Act 2001
sch 2 pt 2.6     om LA s 89 (3)

Dictionary
dict     def betting ins A2010-18

amdt 3.118
    def charitable organisation sub A2017-1

amdt 1.131

5     Earlier republications

Some earlier republications were not numbered. The number in column 1 refers to the publication order.

Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.

Republication No and date

Effective

Last amendment made by

Republication for

R1
22 Mar 2010

22 Mar 2010–
2 June 2010

not amended

new Act

R2
3 June 2010

3 June 2010–
21 Feb 2013

A2010-18

amendments by A2010-18

R3
22 Feb 2013

22 Feb 2013–
17 Sept 2017

A2013-4

amendments by A2013-4







© Australian Capital Territory 2017

ACT Crest high res small
Australian Capital Territory

A2009-39

Republication No 4

Effective: 18 September 2017

Republication date: 18 September 2017

Last amendment made by A2017-1








About this republication

The republished law

This is a republication of the Unlawful Gambling Act 2009

(including any amendment made under the Legislation Act 2001

, part 11.3 (Editorial changes)) as in force on 18 September 2017

. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 18 September 2017

.

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au

):

              • authorised republications to which the Legislation Act 2001

applies

              • unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001

, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001

, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au

). For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001

, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $150 for an individual and $750 for a corporation (see Legislation Act 2001

, s 133).

ACT
Crest high res small
Australian Capital Territory

Unlawful Gambling Act 2009


Endnotes33

ACT
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Australian Capital Territory

Unlawful Gambling Act 2009



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