Use of Corrupt Conduct Information or Inside Information for Betting Purposes

In NSW, the offence of use of corrupt conduct information or inside information for betting purposes carries a maximum penalty of ten years imprisonment for “corrupt conduct information” and a maximum penalty of two years imprisonment for “inside information”.

When is the offence committed?

The offence of use of corrupt conduct information or inside information for betting purposes is set out in section 193Q of the Crimes Act 1900. There are two subsections to this offence. Subsection one is in regards to “corrupt conduct information” and subsection two is in regards to “inside information”. They are as follows:

• A person who possesses information in connection with an event that is corrupt conduct information, and who knows or is reckless as to whether the information is corrupt conduct information, is guilty of an offence if the person:
  • bets on the event, or
  • encourages another person to bet on the event in a particular way, or
  • communicates the information to another person who the first person knows or ought reasonably to know would or would be likely to bet on the event.

• A person who possesses information in connection with an event that is inside information, and who knows or is reckless as to whether the information is inside information, is guilty of an offence if the person:
  • bets on the event, or
  • encourages another person to bet on the event in a particular way, or
  • communicates the information to another person who the first person knows or ought reasonably to know would or would be likely to bet on the event.

What Does “Corrupt Information” Mean?

Corrupt conduct information is defined as:

• If the information is about conduct, or proposed conduct, that corrupts a betting outcome of the event.

What Does “Inside Information” Mean?

Inside information is information that:

• Is not generally available and
• If it were generally available, would, or would be likely to, influence persons who commonly bet on the event in deciding whether or not to bet on the event or making any other betting decision.

What Does “Generally Available Information” Mean?

Information is generally available if:

• It consists of matter that is readily observable by the public; or
• It has been made known in a manner that would, or would be likely to, bring it to the attention of the public; or
• It consists of deductions, conclusions or inferences made or drawn from information referred to above.

What Actions Might Constitute “Corrupt Conduct Information”?

• Places money on a team that they know will be throwing the game.
• Tells someone to put money on a team that they know will be throwing the game.

What Actions Might Constitute “Inside Information”?

Places money on a horse to lose when the trainer told them the horse was injured.

What The Police Must Prove

To convict you of “use of corrupt conduct information or inside information for betting purposes”, the police must prove beyond a reasonable doubt that you:

• Knew or were reckless as to whether the information is corrupt conduct information; and
• You bet on the event; or
• You encouraged another person to bet on the event in a particular way, or
• You communicated the information to another person who you know or ought reasonably to know would or would be likely to bet on the event.

For point 3 and 4, the police do not have to prove that any bets were actually placed on the relevant event.

Possible Defences

A person charged with this offence may validly argue the following defences:

• That they acted under duress;
• That the offence was the result of an honest and reasonable mistake

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.

If you require legal advice or representation in any legal matter, please contact Armstrong Legal.