Concealing Conduct

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This article was written by Michelle Makela - Legal Practice Director

Michelle has over 15 years experience in the legal industry, working across commercial litigation, criminal law, family law and estate planning.  Michelle has been involved in all practice areas of the firm and in her personal practice has had experience in litigation at all levels (State and Federal Industrial Tribunals, the Supreme Court, Court of Appeal, the Federal Court, Federal...

Concealing Conduct That Corrupts Betting Outcome of Event


In New South Wales, the offence of concealing conduct or agreement about conduct that corrupts betting outcome of event carries a maximum penalty of ten years imprisonment.

When is the offence committed?

The offence of concealing conduct or agreement about conduct that corrupts betting outcome of event is set out in section 193P of the Crimes Act 1900 which states:

A person who encourages another person to conceal from any appropriate authority conduct, or an agreement about conduct, that corrupts a betting outcome of an event:

  • knowing or being reckless as to whether the conduct corrupts a betting outcome of the event; and
  • with the intention of obtaining a financial advantage, or causing a financial disadvantage, in connection with any betting on the event, is guilty of an offence.

What Does “Encourage Another Person” Mean?

Section 193M of the Crimes Act 1900 defines encourage another person to engage in conduct to include:

  • Command; or
  • Request; or
  • Propose; or
  • Advise; or
  • Incite; or
  • Induce; or
  • Persuade; or
  • Authorise; or
  • Urge; or
  • Threaten; or
  • Place pressure on the person to engage in conduct.

What does Appropriate Authority” Mean?

Section 193P of the Crimes Act 1900 defines appropriate authority as:

  • A police officer, or
  • A body that has the official function of controlling, regulating or supervising an event, or any betting on an event.

What Does “Obtain Financial Advantage Or Cause Financial Disadvantage Mean?

Section 193K of the Crimes Act 1900 defines obtain financial advantage or cause financial disadvantage into two categories:

‘Obtain’ a financial advantage includes:

  • Obtain a financial advantage for oneself or for another person, and
  • Induce a third person to do something that results in oneself or another person obtaining a financial advantage, and
  • Keep a financial advantage that one has,
  • Whether the financial advantage is permanent or temporary,

‘Cause’ a financial disadvantage means:

  • Cause a financial disadvantage to another person, or
  • Induce a third person to do something that results in another person suffering a financial disadvantage,
  • Whether the financial disadvantage is permanent or temporary.

What Does “Corrupts The Betting Outcome Of An Event” Mean?

Section 193H of the Crimes Act 1900 defines corrupts the betting outcome of an event:

  • Affects or, if engaged in, would be likely to affect the outcome of any type of betting on the event, and
  • Is contrary to the standards of integrity that a reasonable person would expect of persons in a position to affect the outcome of any type of betting on the event.

What The Police Must Prove

To convict you of “concealing conduct or agreement about conduct that corrupts betting outcome of event, the police must prove beyond a reasonable doubt that you:

  • Knowingly or recklessly corrupted the betting outcome of an event; and
  • Did so with the intention of obtaining a financial gain, or causing a financial loss; and
  • It was in connection with betting on the event.

Which Court Will Hear Your Matter?

This charge is a Table 1 offence, which means that the DPP can elect to have the matter dealt with in the District Court, however if no election is made, it will be heard by a Police Prosecutor in the Local Court.

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