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This is a Bill, not an Act. For current law, see the Acts databases.
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Racing and Gaming)
Contents
Page
2013
THE LEGISLATIVE ASSEMBLY
FOR THE AUSTRALIAN CAPITAL
TERRITORY
(As presented)
(Minister for Racing and Gaming)
A Bill for
An Act to provide for the conduct of totalisators and the regulation of totalisator betting, and for other purposes
The Legislative Assembly for the Australian Capital Territory enacts as
follows:
This Act is the Totalisator Act 2013.
This Act commences on the day after its notification day.
Note The naming and commencement provisions automatically commence on
the notification day (see
, s 75 (1)).
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.
For example, the signpost definition ‘sports bookmaking event—see the Race and Sports Bookmaking Act 2001
, dictionary.’ means that the term ‘sports bookmaking event’ is defined in that dictionary and the definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost
definition) applies to the entire Act unless the definition, or another
provision of the Act, provides otherwise or the contrary intention otherwise
appears (see
, s 155 and s 156 (1)).
A note included in this Act is explanatory and is not part of this Act.
Note See the
, s 127 (1), (4) and (5) for the legal status of notes.
5 Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The
, ch 2 applies to all offences against this Act (see Code, pt 2.1).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2 Penalty units
The
, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
6 Meaning of totalisator, totalisator equipment and totalisator system
In this Act:
totalisator means a totalisator system, and includes—
(a) an on-course totalisator and an off-course totalisator; and
(b) totalisator equipment.
totalisator equipment means any of the following in relation to a totalisator system:
(a) an instrument;
(b) computer hardware or software;
(c) communication equipment;
(d) any other equipment used in connection with the totalisator system.
totalisator system means a system used to enable people to bet
money on events or contingencies with a view to successfully predicting stated
outcomes of the events or contingencies and to enable money left after the
deduction of commission to be divided and distributed among the people who
successfully predict the outcomes.
Part 2 Licence to conduct totalisator
Division 2.1 Application for licence
A person may apply to the Minister for a licence to conduct a totalisator in the ACT for betting on any of the following happening in or outside the ACT:
(a) a race;
(b) a computer simulated racing event;
(c) a sports bookmaking event.
Note 1 A fee may be determined under s 74 for this provision.
Note 2 If a form is approved under the Control Act
, s 53D for this provision, the form must be used.
8 Additional information to be included in application
(1) The Minister may, in writing, require the applicant to give the Minister additional information or documents that the Minister reasonably needs to decide the application.
(2) If the applicant does not comply with a requirement made of the applicant under subsection (1), the Minister may refuse to consider the application further.
9 Change of information to be provided
(1) This section applies if the information in an application changes before the application is decided.
(2) The applicant must give the Minister written notice of the particulars of the change.
(1) The Minister may refer an application to the commission for advice on anything in relation to the application that the Minister considers appropriate.
(2) If the Minister refers an application to the commission for advice, the Minister must consider the commission’s advice when deciding whether to issue a licence.
(1) On application by a person under section 7, the Minister must—
(a) issue a licence to the person; or
(b) refuse to issue a licence to the person.
Note A fee may be determined under s 74 for this provision.
(2) The Minister must not issue a licence to the person unless the person—
(a) is a corporation; and
(b) is an eligible person.
Only 1 licence may be in force under this Act at any time.
A licence is issued for the period stated in the licence.
A licensee may engage someone else to do either or both of the following as the licensee’s agent in relation to the licence:
(a) conduct the totalisator;
(b) carry out the licensee’s functions under the licence.
15 Licence does not include proprietary right
(1) A licence—
(a) does not confer a right of property on the licensee; and
(b) cannot be assigned; and
(c) cannot be mortgaged, charged or otherwise encumbered.
(2) However, subsection (1) does not stop a licensee conducting an activity authorised by the licence in a joint venture or other arrangement to which the licensee is a party.
A licence is subject to any condition the Minister puts on the licence when issuing the licence or by written notice given to the licensee at any other time.
17 Consultation on certain amendments
(1) This section applies if—
(a) the Minister proposes to amend a licensee’s licence (including by adding or amending a condition of the licence); and
(b) the amendment will, or is likely to, have a material monetary impact on the licensee.
(2) The Minister must not amend the licence in the way proposed unless—
(a) the Minister has given the licensee written notice of the proposed amendment; and
(b) the notice states that written comments on the proposal may be made to the Minister before the end of a stated period of at least 180 days after the day the notice is given to the licensee; and
(c) the Minister has considered any written comments made before the end of the stated period.
(3) Subsection (2) does not apply if—
(a) the licensee applied for, or agreed in writing to, the amendment; or
(b) the amendment relates to action taken by the commission under division 6.3 (Disciplinary action against licensee).
18 Amendment of licence on application
(1) A licensee may apply to the Minister to amend the licence (including by removing or amending a condition of the licence).
Note 1 A fee may be determined under s 74 for this provision.
Note 2 If a form is approved under the Control Act
, s 53D for this provision, the form must be used.
(2) The Minister may, in writing, require the licensee to give the Minister additional information or documents that the Minister reasonably needs to decide the application.
(3) If the licensee does not comply with a requirement made of the licensee under subsection (2), the Minister may refuse to consider the application further.
(4) The Minister—
(a) may refer an application to the commission for advice; and
(b) must consider the commission’s advice when deciding whether to amend the licence.
(5) On application by a licensee to amend a licence, the Minister must—
(a) amend the licence in the way applied for; or
(b) amend the licence in another way the Minister considers appropriate; or
(c) refuse to amend the licence.
19 Compliance with code of practice
A licensee must comply with any code of practice prescribed under the Control Act
that applies to the licensee.
Note A failure to comply with the code of practice is a ground for disciplinary action (see s 45 (1) (c)).
A licence is not transferable.
(1) This section applies to a licensee if the licensee does not owe the Territory an amount under this Act.
(2) The licensee may surrender the licence by giving written notice of the surrender to the Minister.
(3) The surrender of the licence takes effect 4 weeks after the day the notice under subsection (2) is given to the Minister or, if the notice states a later date of effect, on that date.
22 Conducting totalisator without licence
A person commits an offence if the person—
(a) conducts a totalisator in the ACT; and
(b) does not have a licence to conduct the totalisator.
Maximum penalty: 100 penalty units, imprisonment for 12 months or both.
23 Operating totalisator equipment without licence
A person commits an offence if the person—
(a) operates totalisator equipment in the ACT in relation to a totalisator; and
(b) does not have a licence to conduct the totalisator.
Maximum penalty: 100 penalty units, imprisonment for 12 months or both.
Division 2.3 Eligibility of licensee
24 Eligibility of corporations
(1) For this Act, a corporation is an eligible person if—
(a) each influential person of the corporation is an eligible person; and
(b) the corporation is not the subject of a winding-up order, and has not been the subject of a winding-up order in the last 3 years; and
(c) a controller or administrator has not been appointed for the corporation in the last 3 years; and
(d) in the commission’s opinion, the corporation—
(i) has, or has arranged, a satisfactory ownership or corporate structure; and
(ii) has a reputation for sound business conduct; and
(iii) has a satisfactory financial position and financial background.
(2) Despite subsection (1), the Minister or commission may decide that a corporation is an eligible person if satisfied that—
(a) the operation of the totalisator would not be adversely affected if the Minister or commission decided that the individual is an eligible person; and
(b) it is otherwise in the public interest that the corporation be treated as an eligible person.
(3) In this section:
influential owner, of a corporation, means a person who, whether directly or through intermediary corporate ownership or nominees—
(a) can control at least 5% of the votes at an annual general meeting of the corporation; or
(b) can control the appointment of a director of the corporation.
influential person, of a corporation—
(a) means any of the following:
(i) an executive officer of the corporation;
(ii) a related corporation;
(iii) an executive officer of a related corporation;
(iv) an influential owner of the corporation; and
(b) includes a person who, though not mentioned in paragraph (a), can exercise as much influence over the conduct of the corporation as someone mentioned in that paragraph.
related corporation means a related body corporate under the Corporations Act
.
(1) For this Act, an individual is an eligible person if the individual—
(a) is an adult; and
(b) in the commission’s opinion—
(i) has a reputation for sound business conduct; and
(ii) has a reputation for sound character; and
(iii) has a satisfactory financial position and financial background; and
(c) has not been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—
(i) involving fraud or dishonesty; or
(ii) against a law about gaming; and
(d) has not been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year; and
(e) has not been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year; and
(f) is not, or at any time in the last 5 years has not been, bankrupt or personally insolvent; and
Note Bankrupt or personally insolvent—see the Legislation Act
, dictionary, pt 1.
(g) at any time in the last 5 years was not involved in the management of a corporation when—
(i) the corporation became the subject of a winding-up order; or
(ii) a controller or administrator was appointed; and
(h) has not contravened the totalisator rules or this Act.
(2) Despite subsection (1), the Minister or commission may decide that an individual is an eligible person if satisfied that—
(a) the operation of the totalisator would not be adversely affected if the Minister or commission decided that the individual is an eligible person; and
(b) it is otherwise in the public interest that the individual be treated as an eligible person.
Division 2.4 Totalisator betting
26 Conduct of totalisator betting activities
(1) A licensee may accept a totalisator bet if the bet is made in accordance with the totalisator rules and this Act.
(2) A person may place with the licensee a bet mentioned in subsection (1) and a person dealing with the licensee, or with an employee or agent of the licensee, in good faith is entitled to assume that the bet complies with the totalisator rules and this Act.
(3) The licensee and its employees or agents must only accept bets (including bets by telephone or internet) at the offices or agencies of the licensee.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4) The licensee may accept bets by telephone or internet if the person intending to place the bet authorises payment of the amount of the bet from an account that—
(a) was established with the licensee before the beginning of the race, computer simulated racing event or sports bookmaking event in relation to which the bet is to be placed; and
(b) contains sufficient money, at the time of making the bet, to pay the amount of the bet.
(5) A contract that arises from the acceptance of a bet by or on behalf of
the licensee from a person outside the ACT is taken to have been entered into in
the ACT.
Part 3 Commission’s powers in
relation to executive officers
27 Commission may request information about executive officers
The commission may, by written notice given to a licensee, require the licensee to give the commission—
(a) the names of all the licensee’s executive officers; and
(b) the positions held by, and the duties of, the executive officers; and
(c) any other information about the executive officers that the commission considers relevant that is stated in the notice.
28 Commission may require executive officers to give information
(1) The commission may, by written notice given to an executive officer of a licensee, require the officer to—
(a) consent, in accordance with the directions in the notice, to the officer’s fingerprints and palm prints being taken by a police officer; and
(b) provide, in accordance with the directions in the notice, the officer’s photograph; and
(c) provide, in accordance with the directions in the notice, the information in relation to the officer stated in the notice, verified by a statutory declaration; and
(d) produce, in accordance with the directions in the notice, the documents in relation to the officer stated in the notice, and permit the examination and copying of, and the taking of extracts from, the documents; and
(e) consent to a police officer—
(i) checking the officer’s criminal record using the officer’s fingerprints; and
(ii) reporting the results of the check to the commission; and
(f) provide authorities and consents necessary for the commission to obtain further information from other people.
Note An executive officer who fails to comply with a requirement under this subsection is no longer an eligible person (see s 25 (1) (h)).
(2) A person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to comply with a requirement under subsection (1).
Note The
, s 171 deals with client legal privilege.
(3) However, any information, document or thing obtained, directly or indirectly, because of the person’s compliance with a requirement under subsection (1) is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence against—
(a) this Act; or
(b) the
, part 3.4 (False or misleading statements, information and documents).
29 Destruction of fingerprints
If a police officer takes a fingerprint or palm print of an executive officer under a consent under section 28 (1), the chief police officer must—
(a) ensure that a copy of the print is given to the person; and
(b) ensure that the print and any copy not given to the person is destroyed; and
(c) tell the person in writing about the destruction.
30 Consultation on proposed determinations
The Minister must not make a determination under section 31 or section 32 unless—
(a) the Minister has given the licensee written notice of the proposed determination; and
(b) the notice states that written comments on the proposed determination may be made to the Minister before the end of a stated period of at least 180 days after the notice is given to the licensee; and
(c) the Minister has considered any written comments made before the end of the stated period.
31 Commission on totalisator betting
(1) A licensee may deduct from the total amount bet on each totalisator conducted by the licensee, an amount as commission that is not more than the amount determined by the Minister.
(2) The determined amount must be—
(a) expressed as a percentage of the total amount bet on the totalisator; and
(b) not more than 25% of the total amount bet on the totalisator.
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
32 Tax on totalisator operations
(1) A licensee must pay to the Territory tax, at the rate determined for a period, on the operations of the totalisator conducted by the licensee in the period.
(2) The Minister may determine—
(a) the rate of tax for a period; and
(b) how the tax is worked out; and
(c) when the tax is payable.
Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act
, s 48).
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
Within 10 days after the end of each month, the licensee must give the commission a written return relating to—
(a) the total amount bet on each totalisator conducted by the licensee in the month; and
(b) the profit derived from the operation of each totalisator conducted by the licensee in the month.
Note If a form is approved under the Control Act
, s 53D for this provision, the form must be used.
34 Liability for tax not affected by finding of guilt in tax offence
(1) This section applies if a licensee is convicted or found guilty of an offence in relation to the payment of tax under this Act.
(2) The conviction or finding of guilt does not affect the licensee’s liability to pay the tax.
35 Unclaimed dividends, refunds and roundings
(1) A licensee is entitled to—
(a) any dividend declared, or other amount refundable to a person, in relation to an event or contingency on which the licensee conducts a totalisator, that is not claimed after the event or contingency happens; and
(b) roundings.
(2) However, a person who is entitled to a dividend or other amount mentioned in subsection (1) (a) may claim the amount from the licensee within 1 year after the event or contingency happened.
(3) In this section:
rounding means an amount that would ordinarily form part of a dividend but is retained by a licensee because the amount worked out as the dividend is rounded down.
(1) Any unclaimed money held by a person under this Act must be paid to the Territory.
(2) In this section:
unclaimed money—
(a) means money that is not claimed by anyone; but
(b) does not include money to which section 35 applies.
37 Approval of totalisator system
(1) The commission may approve a totalisator system, or a change to an approved totalisator system.
(2) A licensee must not use a totalisator system if the system is not approved by the commission.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) A licensee must not make a change to an approved totalisator system if the change is not approved by the commission.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4) The commission may approve a totalisator system on conditions the commission considers appropriate.
(5) An approval under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
38 Approval of totalisator equipment
(1) The commission may approve totalisator equipment, or a change to approved totalisator equipment.
(2) A licensee must not use totalisator equipment in connection with a totalisator if the equipment is not approved by the commission.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(3) A licensee must not make a change to approved totalisator equipment if the change is not approved by the commission.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(4) The commission may approve totalisator equipment on conditions the commission considers appropriate.
(5) An approval under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
39 Suspension of totalisator equipment approval
(1) The commission may suspend the approval of totalisator equipment if—
(a) the equipment no longer operates as designed; or
(b) the equipment no longer operates as intended.
(2) If the approval of totalisator equipment is suspended under this section, the suspension applies to all totalisator equipment of that kind, whether or not particular equipment is operating as designed or intended.
(3) A suspension under this section is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
40 Cost of testing totalisator system and totalisator equipment
(1) The reasonable testing costs of testing a licensee’s totalisator system or totalisator equipment are payable by the licensee.
(2) In this section:
testing costs includes travelling expenses.
Division 6.1 Notice of changed circumstances
41 Licensees to tell commission of changed circumstances
(1) This section applies to a licensee if there is—
(a) a change in any of the information the licensee gave the commission in or for its licence application; or
(b) a change that would result in the licensee no longer being an eligible person; or
(c) any other change determined by the commission.
(2) The licensee must give the commission written notice of the change not later than 14 days after the change happens.
Maximum penalty: 5 penalty units.
(3) The commission may determine changes relating to licensees that must be notified to the commission.
(4) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
Division 6.2 Directions by Minister
42 Directions by Minister—integrity of totalisator compromised
(1) This section applies if the commission advises the Minister that the integrity of a totalisator conducted by a licensee is likely to be seriously compromised because of—
(a) the licensee’s conduct, or alleged conduct, of the totalisator; or
(b) an incident affecting the licensee’s eligibility to hold the licence; or
(c) anything else reported to the commission.
(2) The Minister may give a written direction to any of the following, to take or not take the action stated in the direction in relation to a totalisator conducted by the licensee:
(a) the licensee;
(b) anyone else engaged in any capacity in any part of the conduct of the totalisator.
43 Immediate suspension of licence
(1) This section applies if the Minister has given a direction to a licensee under section 42 (Directions by Minister—integrity of totalisator compromised).
(2) The Minister may by written notice immediately suspend the licensee’s licence if the Minister considers the suspension is necessary.
(3) The suspension takes effect on the day the Minister gives the notice to the licensee.
(4) The licence may be suspended until—
(a) a date or event stated in the notice; or
(b) if stated in the notice, the Minister—
(i) is satisfied that the direction has been complied with; and
(ii) gives a further written notice to the licensee revoking the suspension.
Division 6.3 Disciplinary action against licensee
In this division:
disciplinary action—see section 46.
disciplinary notice—see section 48.
ground for disciplinary action—see section 45.
rectification direction—see section 51.
45 Grounds for disciplinary action against licensee
(1) Each of the following is a ground for disciplinary action against a licensee:
(a) the licensee has given information to the Minister or the commission that was false or misleading;
(b) the licensee has failed to give information required to be given under
this Act or the
;
(c) the licensee, or an agent or employee of the licensee, has contravened this Act;
(d) the licensee has contravened a condition of the licence;
(e) the licensee is not, or is no longer, an eligible person;
(f) the licensee is not, or is no longer, in control of the totalisator because the licensee has been taken over by another corporation or is under the influence of someone else;
(g) the licensee has been given a direction, or has failed to comply with a direction given to the licensee, under section 42;
(h) a proceeding to wind up the licensee has been started.
(2) In subsection (1) (c), a reference to a contravention of this Act includes a reference to the following:
(a) a contravention of the Criminal Code
, part 2.4 (Extensions of criminal responsibility) in relation to an offence against this Act or otherwise in relation to this Act;
(b) a contravention of the Criminal Code
in relation to a document completed, kept or given, or required to be completed, kept or given, under or in relation to this Act;
(c) a contravention of the Criminal Code
in relation to anything else done, or not done, under or in relation to this Act.
46 Disciplinary action against licensee
(1) Each of the following is a disciplinary action when taken against a licensee:
(a) reprimanding the licensee;
(b) putting conditions on, or amending the conditions of, the licence;
(c) ordering the licensee to pay to the Territory a financial penalty of not more than $1 000 000;
(d) recommending to the Minister that the licence be suspended for a stated period or until a stated thing happens;
(e) recommending to the Minister that the licence be cancelled.
(2) A reprimand may include a direction by the commission that the licensee, within a stated time—
(a) stop contravening this Act; or
(b) correct something that contributes to the ground for disciplinary action.
(3) A financial penalty imposed under this section may be recovered as a debt payable to the Territory.
47 Criteria for disciplinary action against licensee
(1) In deciding whether disciplinary action should be taken, or what disciplinary action should be taken, against a licensee, the commission must consider the following:
(a) whether disciplinary action has previously been taken against the licensee;
(b) whether the ground for which the disciplinary action is to be taken endangered the public or the public interest;
(c) the seriousness of the ground for disciplinary action;
(d) the likelihood of further disciplinary action needing to be taken against the licensee.
(2) The commission may also consider any other relevant matter.
48 When disciplinary notice must be given to licensee
(1) If the commission is satisfied that a ground for disciplinary action exists, or may exist, in relation to a licensee, the commission must give the licensee a written notice (a disciplinary notice).
(2) The disciplinary notice must—
(a) state the ground for disciplinary action; and
(b) tell the licensee that the licensee may, not later than 3 weeks after the day the licensee is given the notice, give a written response to the commission about the notice.
49 Taking disciplinary action against licensee
(1) This section applies if—
(a) a licensee has been given a disciplinary notice; and
(b) after considering any written responses given within the 3-week period in relation to the notice under section 48, the commission is satisfied that a ground for disciplinary action exists in relation to the licensee.
(2) This section also applies if the commission is satisfied that a licensee has contravened a direction included in a reprimand under section 46 (2).
(3) The commission may take disciplinary action against the licensee.
(4) The disciplinary action may consist of 1 or more of the actions mentioned in section 46 (1) (a), (b) or (c).
(5) Disciplinary action mentioned in section 46 (1) (a), (b) or (c) takes effect when the licensee receives written notice of the action or, if the notice provides for a later time of effect, at that time.
(6) If the commission considers that the disciplinary action that should be taken is recommending to the Minister that the licence be suspended or cancelled, the commission must give the Minister a written notice stating—
(a) its recommendation that the licence be suspended or cancelled; and
(b) the reasons for the recommendation.
Note Only the Minister may suspend or cancel the licence (see s 50).
50 Suspension or cancellation of licence
(1) The Minister may suspend or cancel the licence if—
(a) the Minister receives a notice from the commission under section 49 (6) recommending that the licence be suspended or cancelled; or
(b) the Minister considers that suspending or cancelling the licence is in the public interest.
(2) In deciding whether to suspend or cancel the licence under subsection (1) (a), the Minister must consider the commission’s recommendations.
(3) If the Minister rejects the commission’s recommendations, the Minister may refer the matter back to the commission for reconsideration.
(4) If the Minister proposes to suspend or cancel a licence under subsection (1), the Minister must give the licensee a written notice—
(a) stating why the Minister considers the licence should be suspended or cancelled; and
(b) telling the licensee that the licensee may, not later than 3 weeks after the day the licensee is given the notice, give a written response to the Minister about the notice.
(5) After considering any response to the notice given within the 3-week period, the Minister may suspend or cancel the licence.
(6) The Minister may suspend the licence under this section for a stated period or until a stated thing happens.
51 Rectification direction as alternative to disciplinary action
(1) The commission may, instead of taking disciplinary action, give a licensee a written direction (a rectification direction) to take stated action within a stated time to rectify a matter that constitutes a ground for disciplinary action.
(2) If the licensee fails to comply with a rectification direction, the commission must give the licensee a disciplinary notice under section 48.
Division 6.4 Issue of temporary licence
(1) The Minister may issue a temporary licence to a person to conduct a totalisator if—
(a) the licence to conduct the totalisator has been suspended, cancelled or surrendered; and
(b) the Minister is satisfied it is in the public interest to issue a temporary licence.
(2) The Minister must not issue a temporary licence to a person unless the person—
(a) is a corporation; and
(b) is an eligible person.
(3) The temporary licence is issued on the conditions the Minister considers appropriate.
(4) The temporary licence ends when the first of the following happens:
(a) if the temporary licence is issued because the licence to conduct the totalisator has been suspended—the end of the suspension period;
(b) the issue of another licence to conduct the totalisator;
(c) the end of 90 days (or any longer period prescribed by regulation) after the day the temporary licence is issued.
Division 6.5 Offences relating to totalisator
(1) A person must not accept a bet on a totalisator unless the bet is paid, at or before the bet is made—
(a) in cash; or
(b) by debit against an amount held in an account for the person who makes the bet by the person who accepts the bet; or
(c) by debit against a credit betting facility made available by the person who accepts the bet.
Maximum penalty: 70 penalty units, imprisonment for 6 months or both.
(2) For subsection (1), the electronic funds transfer of an amount to an account operated by a person is taken to be payment of the amount in cash to the person.
(3) In this section:
credit betting facility means a facility by which the obligations of a debtor are secured or guaranteed in accordance with—
(a) arrangements approved by the commission; and
(b) any rules determined under section 72.
(1) A person commits an offence if—
(a) the person publishes, or causes to be published, an advertisement that is directly related to the conduct of a totalisator; and
(b) the advertisement contravenes the code of practice.
Maximum penalty: 50 penalty units.
(2) In this section:
publish includes disseminate by oral, visual, written, electronic or other way.
(1) A person commits an offence if—
(a) the person holds a licence to conduct a totalisator; and
(b) the person accepts a bet placed by a child.
Maximum penalty: 50 penalty units.
(2) An offence against subsection (1) is a strict liability offence.
(3) A person commits an offence if—
(a) the person places a bet on a totalisator; and
(b) the person places the bet on behalf of a child.
Maximum penalty: 20 penalty units.
(4) This section does not apply in relation to a bet placed by or on behalf of a child if the child—
(a) was at least 16 years old at the time of the offence; and
(b) had, before the time of the offence, shown an identification document identifying the child as an adult to—
(i) the defendant; or
(ii) an employee or agent of the defendant.
Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code
, s 58).
(5) In this section:
identification document, for a person, means a document that—
(a) is—
(i) an Australian driver licence or foreign driver licence; or
(ii) a proof of age card; or
(iii) a passport; and
(b) contains a photograph that could reasonably be taken to be the person; and
(c) states the person’s date of birth.
56 Using premises in contravention of Act
A person commits an offence if—
(a) the person manages or controls premises used in connection with the conduct of a totalisator; and
(b) the person—
(i) authorises or permits the premises to be used in contravention of this Act; or
(ii) authorises or permits an act to be done in relation to the premises in contravention of this Act.
Maximum penalty: 50 penalty units.
57 Accepting bet in contravention of rules or Act
A person commits an offence if—
(a) the person is a licensee or an employee or agent of a licensee; and
(b) the person accepts a bet that is in contravention of the totalisator rules or this Act.
Maximum penalty: 50 penalty units.
58 Selling etc ticket in relation to bet
A person commits an offence if—
(a) the person sells, or offers to sell, a ticket or receipt purporting to be issued by a licensee in relation to a bet; and
(b) the person is not authorised by the licensee to sell, or offer to sell, the ticket or receipt.
Maximum penalty: 100 penalty units, imprisonment for 12 months or both.
59 Buying ticket from unauthorised person
(1) A person commits an offence if—
(a) the person buys from someone else (the seller) a ticket or receipt purporting to be issued by a licensee in relation to a bet; and
(b) the seller is not authorised by a licensee to sell the ticket or receipt.
Maximum penalty: 20 penalty units.
(2) This section does not apply if the person has a reasonable excuse.
Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code
, s 58).
60 Accepting bet after closing time
(1) A person commits an offence if—
(a) the person accepts a bet on a totalisator in relation to an event or contingency; and
(b) the bet is accepted after the closing time for acceptance of the bet.
Maximum penalty: 50 penalty units.
(2) If a person is convicted, or found guilty, of an offence against this section, the court may, whether or not a penalty is imposed for the offence, order the person to pay to the Territory an amount equal to the amount (if any) derived from the bet.
61 Agent failing to account to licensee
A person commits an offence if—
(a) the person is an agent of a licensee; and
(b) the agent is required to account to the licensee for the agent’s operations; and
(c) the agent fails to account to the licensee as required.
Maximum penalty: 50 penalty units.
62 Misrepresenting authority as agent
A person commits an offence if—
(a) the person represents to someone else that the person is willing to—
(i) take bets with a licensee; and
(ii) account to the other person for any proceeds from the bets; and
(b) the person is not authorised by the licensee to take the bets with the licensee.
Maximum penalty: 50 penalty units.
63 Unauthorised use of telephone and internet betting credit accounts
A person commits an offence if—
(a) the person charges, or attempts to charge, a bet against another person’s telephone or internet betting credit account with a licensee; and
(b) the person is not authorised by the other person to charge, or attempt to charge, the bet to the account.
Maximum penalty: 50 penalty units.
Part 7 Notification and review of
decisions
64 Meaning of reviewable decision—pt 7
In this part:
reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.
65 Reviewable decision notices
If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision.
Note 1 The person must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the decision
(see
, s 67A).
Note 2 The requirements for a reviewable decision notice are
prescribed under the
.
The following may apply to the ACAT for review of a reviewable decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the decision;
(b) any other person whose interests are affected by the decision.
Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008
for the application, the form must be used.
(1) It is a condition of a licence that the licensee keep all records relating to the conduct of a totalisator under the licence—
(a) at the licensee’s principal place of business in the ACT, or somewhere else approved by the commission; and
(b) for at least 7 years.
(2) The commission may exempt a licensee from the requirement to keep all or any records mentioned in subsection (1).
(3) An exemption may be granted on conditions.
68 No right to compensation for cancellation etc of licence
A licensee is not entitled to compensation from the Territory if the Minister—
(a) cancels the licence; or
(b) suspends the licence; or
(c) changes a condition of the licence.
(1) A licensee may prepare rules consistent with this Act for the conduct of a totalisator.
(2) Without limiting subsection (1), the rules may make provision in relation to the liability of the licensee, the licensee’s agent or anyone else acting under the licensee’s authority in relation to the following:
(a) making bets on the totalisator;
(b) printing and issuing betting tickets;
(c) determining the entitlement (if any) of a person to a dividend in a totalisator;
(d) paying dividends in, or refunding money bet on, the totalisator.
(3) The licensee must give the rules to the commission for approval.
(4) The commission must—
(a) approve the rules; or
(b) refuse to approve the rules; or
(c) direct the licensee to make a stated change to the rules.
(5) The rules approved by the commission (the totalisator rules) are a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
(1) The licensee may prepare a change to the totalisator rules and give the commission written notice of the proposed change.
(2) The notice must—
(a) state the proposed commencement date for the change; and
(b) be given to the commission at least 1 week before that date.
(3) However, the commission may accept the notice even if it is not given in accordance with subsection (2) (b).
(4) On receiving a notice under subsection (1), the commission must, by written notice given to the licensee—
(a) approve the proposed change; or
(b) refuse to approve the proposed change; or
(c) direct the licensee to include another change; or
(d) direct the licensee to change the totalisator rules in another way; or
(e) direct the licensee to change the commencement date for the change; or
(f) ask for further information or clarification about the proposed change; or
(g) tell the licensee that a further stated reasonable time is needed to consider the proposed change.
(5) If the commission gives a notice under subsection (4) (f)—
(a) the notice must state a reasonable time within which the information or clarification must be given; and
(b) the commission must not make a decision under subsection (4) (a) to (d) until—
(i) the commission has received the information or clarification; or
(ii) the time stated for giving the information or clarification has ended.
(6) The commission may, at any time and on its own initiative, by written notice given to the licensee, direct the licensee to prepare a stated change to the totalisator rules.
(7) If the commission approves a change to the totalisator rules, the totalisator rules with the approved changes are a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
71 Display etc of totalisator rules
(1) A licensee or agent who accepts bets on a totalisator must display in a prominent position at each place where bets on the totalisator are accepted, a notice stating that a copy of the following are available for inspection at the place at no cost:
(a) the totalisator rules;
(b) the rules for sports bookmaking;
(c) this Act.
Maximum penalty: 5 penalty units.
(2) The licensee or agent must have a copy of the totalisator rules, the rules for sports bookmaking, and this Act available for inspection by any person free of charge at each place where bets on the totalisator are accepted.
Maximum penalty: 5 penalty units.
(3) The licensee or agent must give a copy of the totalisator rules, the rules for sports bookmaking, and this Act to any person on request on payment to the licensee or agent of a reasonable charge.
Maximum penalty: 5 penalty units.
(1) This section applies to a betting account held by a person for placing a bet with the licensee.
(2) The commission may determine rules for the betting account, including in relation to any of the following:
(a) the kind of account;
(b) whether the account may be assigned;
(c) whether the account may be charged or otherwise encumbered;
(d) the use by the licensee of the person’s money or account credit in the conduct of the totalisator;
(e) the use by the licensee of interest payable on the account.
(3) A determination is a notifiable instrument.
Note A notifiable instrument must be notified under the Legislation Act
.
The Minister must not delegate the Minister’s functions under this Act.
(1) The Minister may determine fees for this Act.
Note The
contains provisions about the making of determinations and regulations relating to fees, charges and other amounts (see pt 6.3).
(2) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act
.
(1) The Executive may make regulations for this Act.
Note A regulation must be notified, and presented to the Legislative
Assembly, under the
.
(2) A regulation may make provision in relation to the following:
(a) the standards to be observed for the conduct of gambling activities;
(b) prohibiting or restricting the offer of inducements;
(c) notices to be displayed about the availability of counselling for financial, social or other problems in relation to gambling;
(d) the inclusion on each betting ticket of—
(i) warnings about gambling; and
(ii) contact details of gambling counselling services.
Part 9 Repeals and consequential amendments
(1) The
(A1964-14) is repealed.
(2) All legislative instruments under the Betting (ACTTAB Limited) Act 1964
are repealed.
Note Under part 20 (Transitional), certain provisions and instruments have limited continued application despite their repeal.
This Act amends the legislation mentioned in schedule 2.
In this part:
commencement day means the day section 3 commences.
repealed Act means the Betting (ACTTAB Limited) Act 1964
.
(1) This section applies if, immediately before the commencement day, a licence granted to ACTTAB Limited under the repealed Act, section 4 is in force.
(2) The licence is taken to be a licence issued under section 11.
(3) The licence expires on the day stated in the licence, unless cancelled or surrendered before that day.
(4) Section 15 (Licence does not include proprietary right) does not apply to the licence.
(5) Despite section 20 (Transfer of licence), the licence may be transferred to a person if—
(a) the person—
(i) is a corporation; and
(ii) is an eligible person; and
(b) the Minister approves the transfer.
(6) If the licence is transferred to a person, section 30 (Consultation on proposed determinations) does not apply to the first determination the Minister makes for the person under each of the following:
(a) section 31 (Commission on totalisator betting);
(b) section 32 (Tax on totalisator operations).
(1) The totalisator system and totalisator equipment used by ACTTAB Limited to provide totalisator betting services under the licence immediately before the commencement day are taken to be approved by the commission.
(2) However, any change to the totalisator system or totalisator equipment must be approved by the commission under this Act.
(1) Part 4 (Finance) does not apply to ACTTAB Limited.
(2) Despite its repeal, the repealed Act, section 32 (Payments to Territory) and the following determinations in force immediately before the commencement day continue to apply to ACTTAB Limited:
(a) Betting (ACTTAB Limited) Payments to Territory Determination 2010 (No 1) (DI2010-97);
(b) Betting (ACTTAB Limited) Payments to Territory Determination 2010 (No 2) (DI2010-98).
(1) A regulation may prescribe transitional matters necessary or convenient to be prescribed because of the enactment of this Act.
(2) A regulation may modify this part (including in relation to another territory law) to make provision in relation to anything that, in the Executive’s opinion, is not, or is not adequately or appropriately, dealt with in this part.
(3) A regulation under subsection (2) has effect despite anything elsewhere in this Act or another territory law.
(1) This part expires on the earlier of the following:
(a) the day the licence is transferred under section 201 (5);
(b) 5 years after the commencement day.
(2) This part is not a law to which the Legislation Act
, section 88 (Repeal does not end effect of transitional laws etc) applies.
Schedule 1 Reviewable decisions
(see pt 7)
|
column 1
item
|
column 2
section
|
column 3
decision
|
column 4
entity
|
|---|---|---|---|
|
1
|
11 (1) (b)
|
refuse to issue licence
|
applicant
|
|
2
|
16
|
put condition on licence
|
licensee
|
|
3
|
18 (5) (b)
|
amend licence in other way
|
licensee
|
|
4
|
18 (5) (c)
|
refuse to amend licence
|
licensee
|
|
5
|
43 (2)
|
immediately suspend licence
|
licensee
|
|
6
|
49
|
take disciplinary action
|
licensee
|
|
7
|
50
|
suspend or cancel licence
|
licensee
|
|
8
|
69 (4) (b)
|
refuse to approve rules
|
licensee
|
|
9
|
69 (4) (c)
|
direct a change to rules
|
licensee
|
|
10
|
70 (4) (b)
|
refuse to approve change to rules
|
licensee
|
|
11
|
70 (4) (c), (d) or (e)
|
direct a change to rules or date
|
licensee
|
|
12
|
70 (6)
|
direct a change to rules
|
licensee
|
Schedule 2 Consequential amendments
(see s 77)
Part 2.1 Gambling and Racing Control Act 1999
omit
insert
(ia) the Totalisator Act 2013;
Part 2.2 Gambling and Racing Control (Code of Practice) Regulation 2002
substitute
(e) a licensee of a totalisator under the Totalisator Act 2013; or
insert
(aa) a licensee of a totalisator under the Totalisator Act 2013; or
[2.5] Schedule 1, section 1.1, definition of licensee, paragraph (e)
substitute
(e) a licensee of a totalisator under the Totalisator Act 2013; or
[2.6] Schedule 1, section 1.4 (2)
omit
ACTTAB Limited
insert
a licensee of a totalisator under the Totalisator Act 2013
[2.7] Schedule 1, table 1.23, item 2
substitute
|
2
|
totalisator
|
$20 000
|
Part 2.3 Race and Sports Bookmaking Act 2001
[2.8] Dictionary, definition of race bookmaking
substitute
race bookmaking—
(a) means the carrying on (whether regularly or on 1 or more occasions) of the business of receiving or negotiating bets on races; but
(b) does not include conducting a totalisator.
[2.9] Dictionary, definition of sports bookmaking
substitute
sports bookmaking—
(a) means the carrying on (whether regularly or on 1 or more occasions) of the business of receiving or negotiating sports bets; but
(b) does not include conducting a totalisator.
(see s 3)
Note 1 The
contains definitions and other provisions relevant to this Act.
Note 2 For example, the Legislation Act
, dict, pt 1, defines the following terms:
• ACAT
• ACT
• body
• corporation
• gambling and racing commission
• individual
• Minister (see s 162)
• notifiable instrument (see s 10)
• penalty unit (see s 133)
• person (see s 160)
• police officer.
bet means any stake, pledge or wager in money between a person and the licensee on any event or contingency relating to—
(a) a race; or
(b) a computer simulated racing event; or
(c) a sports bookmaking event.
betting includes the negotiation, acceptance and distribution of moneys in connection with bets and the settling of bets.
commission means the gambling and racing commission.
computer simulated racing event means a computer simulated horse race, harness race or greyhound race.
Control Act means the Gambling and Racing Control Act 1999
.
disciplinary action, for division 6.3 (Disciplinary action against licensee)—see section 46.
disciplinary notice, for division 6.3 (Disciplinary action against licensee)—see section 48.
eligible person—
(a) for a corporation—see section 24; and
(b) for an individual—see section 25.
executive officer, of a corporation (including of a licensee), means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.
ground for disciplinary action, for division 6.3 (Disciplinary action against licensee)—see section 45.
licence means—
(a) a licence issued, or taken to be issued, under section 11; or
(b) a temporary licence.
licensee means a person who holds a licence.
off-course totalisator means a totalisator that is not an on-course totalisator.
on-course totalisator means a totalisator that enables a person to place a bet only if—
(a) the bet is in relation to a race; and
(b) the race is held on a racecourse; and
(c) the person is at the racecourse.
race means—
(a) a thoroughbred race; or
(b) a harness race; or
(c) a greyhound race; or
(d) a race of a kind prescribed by regulation.
racecourse means land, whether in or outside the ACT, that is used for races and to which admission is obtainable by payment of money, by ticket or otherwise.
rectification direction, for division 6.3 (Disciplinary action against licensee)—see section 51.
reviewable decision, for part 7 (Notification and review of decisions)—see section 64.
rules for sports bookmaking—see the Race and Sports Bookmaking Act 2001
, dictionary.
sports bookmaking event—see the Race and Sports Bookmaking Act 2001
, dictionary.
temporary licence means a temporary licence issued under section 52.
totalisator—see section 6.
totalisator betting means betting on a totalisator operated by a licensee in relation to an event (whether conducted in the ACT or elsewhere) that is—
(a) a race; or
(b) a computer simulated racing event; or
(c) a sports bookmaking event.
totalisator equipment—see section 6.
totalisator rules means the totalisator rules approved under section 69, as changed from time to time under section 70.
totalisator system—see section 6.
Endnotes
1 Presentation speech
Presentation speech made in the Legislative Assembly on 28 November 2013.
2 Notification
Notified under the
on 2013.
3 Republications of amended laws
For the latest republication of amended laws, see www.legislation.act.gov.au
.
© Australian Capital Territory 2013
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