Gambling definition
Gambling is defined in the Gambling Regulation Act 2003(opens in a new window) (the Act) as an activity which includes:
- a prize of money (or something of value) offered or won
- a person paying (or staking) money or valuables to participate
- an outcome involving chance, even if influenced by skill.
Unauthorised gambling
Unauthorised gambling is:
- gambling that is not authorised under the Act (or other legislation).
A person conducts unauthorised gambling if they:
- organise, manage or supervise unauthorised gambling
- distribute a prize offered in unauthorised gambling
- distribute money paid (or staked in) unauthorised gambling
- enable participation in unauthorised gambling
- use a
- document
- device
- piece of equipment, or
- other, for the purposes of unauthorised gambling
- assist in any of the above activities.
Activities not defined as gambling
Activities that do not fall under the definition of gambling include:
- an activity with no intention to raise money, and does not profit
- an activity where all participation is free of charge
- the receiving of winnings by:
- the winner of a horse or other race, sport, game or exercise
- the owner of the horse
- a private raffle among employees to provide amenities, where the prize does not exceed $5,000
- an activity prescribed in the Regulations.
Authorised gambling
Activities that fall within the definition of gambling are considered authorised for the purposes of the Act. These include:
- games at amusement centres, fetes, or carnivals
- betting games on approved foot or bicycle races
- approved Calcutta Sweepstakes
- the conduct of Two-up associated with ANZAC Day.
Two-up may only be played at:
- RSL clubs
- sub-branches
- any venue used by the RSL for a commemorative event.
The Victorian State Branch must approve all RSL club and sub-branch applications to play Two-up.
This includes Two-up games on:
- ANZAC Day, and
- commemorative functions 7 days prior to ANZAC Day.
For more information, contact the Victorian RSL State Branch(opens in a new window).
These activities are legally not considered unauthorised gambling.
Specified offences
Offences specified under the Act are:
- unauthorised gambling
- advertising unauthorised gambling
- providing a place for unauthorised gambling.
Penalties
Penalties for breaching the Act include up to:
- 2 years imprisonment
- 100 penalty units
- a combination of penalty units and imprisonment.
Indexation of fees and penalties
Indexation of fees and penalties are based on the Department of Justice and Community Safety Victoria's automatically indexed fees and fines list(opens in a new window).
You can also visit the Department of Treasury and Finance Victoria's indexation of fees and penalties page(opens in a new window) for information.
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