The Efficacy (and Otherwise) of the 'New' Sport Anti-Corruption Legislation in Australia
Abstract
Against a background of several serious local and international match-fixing scandals, this paper considers the efficacy of the ‘Cheating at Gambling’ provisions introduced recently within Australian jurisdictions for the purpose of combating corruption in sport, and compares the usefulness of these provisions with the general offence of fraud, the ‘traditional’ means by which the criminal law dealt with sports corruption. While the ‘Cheating at Gambling’ provisions are an arguable advance on previous statutory approaches in prosecuting and deterring sports corruption, this paper suggests that shortfalls remain, in particular whether the new provisions are able to deal adequately with the use of ‘inside knowledge’ and the ‘soft’ corruption of ‘tanking’, practices that have, over a considerable period of time, been tolerated if not accepted by some sports.
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