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The bill would create seven Commonwealth crimes covering match-fixingSecretly manipulating a sporting contest or part of it. and related conduct. It would apply to organised sporting events, including esports, individual parts of a contest such as a tennis set, and events involving community or junior sport when the legal conditions are met.
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A person could commit the main match-fixingSecretly manipulating a sporting contest or part of it. offence by deliberately acting for an improper benefit or harm while taking the risk that their conduct will corrupt a sporting event. The conduct must affect, or be likely to affect, the result and fall below the standards of integrity a reasonable person would expect. The prosecution would not need to prove that the event was actually corrupted or that anyone ultimately gained or lost anything.
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Deliberately offering or providing a benefit would become a crime if the person was aware of a substantial risk that it would tend to influence someone to corrupt an event and taking that risk was unjustifiable. The same test would apply to deliberately asking for, accepting or agreeing to accept such a benefit. Ordinary sporting rewards, such as wages, prize money, trophies and favourable draft selections earned through participation or performance, are excluded from the bill's meaning of a benefit. Ordinary sporting setbacks are also excluded from its meaning of harm, including losing matches or sponsorships, missing finals or being relegated to a lower league.
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It would become a crime to alter, destroy or hide information about sporting corruption while taking the risk that this would help conceal an improper benefit or harm. The maximum penalty for an individual would be 10 years in prison, 10,000 penalty units, or both.
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People could also be prosecuted for using or sharing information about corrupt conduct to seek an improper benefit or harm, or for possessing it with the intention that it be used that way. The maximum prison terms would be 10 years for using or sharing the information and three years for possessing it with that intention.
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Using or sharing inside informationNon-public information likely to influence a betting decision. for an improper benefit or harm would carry up to three years in prison, 3,000 penalty units, or both. Inside informationNon-public information likely to influence a betting decision. means information that is not publicly available and would be likely to influence betting decisions if it became public.
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The largest individual penalties would be 10 years in prison or 10,000 penalty units, equal to $3.64 million at the stated value of $364 per unit. For some offences, a company could face the greatest of 100,000 penalty units ($36.4 million), three times the benefit obtained, or 10 per cent of its annual turnoverThe relevant company's sales value over a specified 12-month period.. Lower maximums apply to the other offences.
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The offences could reach some conduct outside Australia, including conduct connected with an event held in Australia and certain overseas conduct by Australians, Australian residents or Australian companies. For the main corruption, benefit and concealment offences, prosecuting conduct that happened wholly overseas would require the Attorney-General's written consent when the accused is neither an Australian citizen nor an Australian-incorporated organisation. Arrest, charge, remand or bail could still occur before that consent. Existing state and territory offences could continue to operate alongside the new Commonwealth laws.
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Most provisions would start the day after royal assentFormal approval that turns a passed bill into law.. If the international Macolin ConventionAn international treaty aimed at stopping manipulation of sporting competitions. enters into force for Australia, its definition of a sports competition would become an additional legal connection for the main corruption, benefit and concealment offences, potentially extending their coverage. These treaty-linked provisions would not start at all unless the convention enters into force for Australia.
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The minister could declare that an event counts, or does not count, as a sporting event and could declare a person or organisation to be a sporting body. These declarations would be made through published notices rather than regulations that Parliament can disallow.