Gambling fraud - liability
In New South Wales (NSW), gambling fraud is governed by both specific gambling laws and general criminal law. Liability depends on the nature of the violation, the method of deception and the amount of damage. Major regulations: Casino Control Act 1992, Gaming Machines Act 2001, Betting and Racing Act 1998, and Crimes Act 1900 (NSW).
1. Forms of gambling fraud
On the part of the players:
By operators or personnel:
2. Applicable articles of law
Casino Control Act 1992 - criminalizes and administers casino deception, including prison terms of up to 10 years.
Gaming Machines Act 2001 - fines of up to 55,000 AUD and confiscation of equipment for interfering with the operation of machines.
Crimes Act 1900 - Makes fraud an offence that carries up to 10 years of aggravated imprisonment.
3. Evidence and investigation
Video and audio recordings from halls and surveillance systems.
Data from the Centralised Monitoring System (CMS) for slot machines.
Testimony from staff and players.
Examination of equipment and software.
4. Sanctions
Administrative fines for individuals and companies.
Forfeiture of illegal winnings.
Suspension or revocation of the license from the operator.
Criminal punishment - fines, correctional labor, imprisonment.
5. Role of regulators
Liquor & Gaming NSW and NSW Independent Casino Commission are carrying out investigations in conjunction with state police. When identifying signs of a crime, the materials are transferred to the courts.
Conclusion:
1. Forms of gambling fraud
On the part of the players:
- Using devices to influence the result of the game (map scanners, magnetic devices).
- Manipulation of slot machines or their software.
- Counterfeiting bets, chips or tickets.
- Conspiring with other players or staff to obtain illegal winnings.
By operators or personnel:
- Changing slot machine settings to lower RTP below the allowed level.
- Illegal delay or denial of payments.
- Manipulation of the results of draws or bets.
- Revenue concealment and reporting falsification.
2. Applicable articles of law
Casino Control Act 1992 - criminalizes and administers casino deception, including prison terms of up to 10 years.
Gaming Machines Act 2001 - fines of up to 55,000 AUD and confiscation of equipment for interfering with the operation of machines.
Crimes Act 1900 - Makes fraud an offence that carries up to 10 years of aggravated imprisonment.
3. Evidence and investigation
Video and audio recordings from halls and surveillance systems.
Data from the Centralised Monitoring System (CMS) for slot machines.
Testimony from staff and players.
Examination of equipment and software.
4. Sanctions
Administrative fines for individuals and companies.
Forfeiture of illegal winnings.
Suspension or revocation of the license from the operator.
Criminal punishment - fines, correctional labor, imprisonment.
5. Role of regulators
Liquor & Gaming NSW and NSW Independent Casino Commission are carrying out investigations in conjunction with state police. When identifying signs of a crime, the materials are transferred to the courts.
Conclusion:
- Gambling fraud in NSW is a serious offence which carries heavy fines, confiscation of property and real prison sentences. The law protects the integrity of the gaming industry, and any attempts to deceive - by players or operators - lead to tough sanctions.
