43. Presumptions in respect of conduct of betting operations, lotteries, etc.

Terms defined in s 3

• conducting a betting operation

  conducting a betting operation

  Defined · s 3

  “conducting a betting operation” has the meaning given by section 6;

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• conducting a lottery

  conducting a lottery

  Defined · s 3

  “conducting a lottery” has the meaning given by section 10;

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• event

  event

  Defined · s 3

  “event” includes a contingency relating to an event;

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• gambling article

  gambling article

  Defined · s 3

  “gambling article” means —(a)any machine, apparatus, appliance, equipment, instrument, communication device or other device, accessory or any other thing (whether or not of a similar kind), that —(i)is used, apparently used, likely to be used or capable of being used in conducting, or in connection with conducting, a betting operation, gaming or a lottery; or(ii)is evidence of, or signifies participation in, gambling or a right to participate in gambling that is not social gambling; or(b)any list, card, ticket, voucher, accounts or other document that —(i)is used, apparently used, likely to be used or capable of being used, in conducting, or in connection with conducting, a betting operation, gaming or a lottery; or(ii)is evidence of, or signifies participation in, gambling or a right to participate in gambling that is not social gambling,whether or not it is ordinarily used for some other purpose;

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• lottery

  lottery

  Defined · s 3

  “lottery” has the meaning given by section 9;

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• money equivalent

  money equivalent

  Defined · s 3

  “money equivalent” has the meaning given by section 14;

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• place

  place

  Defined · s 3

  “place” includes any premises and any conveyance, and any part of any premises or conveyance;

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• public place

  public place

  Defined · s 3

  “public place” means any place to which the public has access as of right or by virtue of express or implied permission, whether or not on payment of a fee and whether or not access to the place may be restricted at particular times or for a particular purpose, and includes any place in which an individual is at work unless that is the individual’s home;

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• sporting event

  sporting event

  Defined · s 3

  “sporting event” means a sport or competition, or an exhibition, entertainment or activity, involving primarily the exercise of physical prowess or dexterity, physical strength, physical stamina or mental stamina and to the extent that —(a)human beings are the only contestants or participants who take part in or play the sport, competition, exhibition, entertainment or activity; or(b)it is a sport or competition, or an exhibition, entertainment or activity in which human beings take part in —(i)by riding animals or exercise of other skill in relation to animals;(ii)by driving, piloting, crewing any vehicle, vessel, aircraft or other form of transport;(iii)by competing with natural obstacles or natural forces, or by overcoming them; or(iv)by using a computer on a computer monitor, television screen, mobile device or similar medium with electronically recorded data installed in to support an interactive computer game or computer‑generated images,and includes a match, a series of matches, a race, a series of races, a time trial, a qualification session, a tournament and a round, but does not include the following:(c)any game of chance; (d)any fitness activity or recreational activity that is not organised in the course of any business;

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