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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
RACING REGULATION AMENDMENT
(BOOKMAKER BETTING AND MISCELLANEOUS
PROVISIONS) BILL 2016
__________
CONTENTS
PART 1 - PRELIMINARY
1. Short title
2. Commencement
PART 2 - RACING REGULATION ACT 2004 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 28A amended (Other rights of appeal to TRAB)
6. Section 64 amended (Suspension or cancellation, &c., of
registration for misconduct)
7. Section 67 amended (Bookmakers and their agents may only
field on racecourses, &c.)
8. Part 7, Division 3, Subdivision 2: Heading amended
9. Section 72 amended (Control of telephone betting and off-course
betting)
10. Section 73 amended (Applications for endorsements)
11. Section 73A inserted
73A. Particular specifications on off-course telephone
betting endorsements
12. Section 74 amended (Security for endorsements)
[Bill 38]-XI
13. Section 75 amended (Conditions of on-course telephone betting
endorsements)
14. Sections 75A, 75B, 75C and 75D inserted
75A. Conditions of off-course telephone betting
endorsement
75B. Conditions of off-course function betting
endorsement
75C. Off-course function approvals
75D. Cancellation of off-course function approval
15. Section 76 amended (Features of endorsements)
16. Section 76A inserted
76A. What does an endorsement authorise?
17. Section 77 amended (Bookmakers and agents must issue tickets
and record bets)
18. Section 78 amended (Bookmakers must keep betting records)
19. Section 79 amended (Bookmakers must keep books of account)
20. Section 86 amended (Authorised and unauthorised betting, &c.)
21. Section 87 amended (Offences by bettors)
22. Section 107A inserted
107A. Director may require attendance at inquiry by
stewards under Rules of Racing
23. Section 109 amended (Regulations)
24. Section 112B inserted
112B. Transitional and savings provisions consequent on
Racing Regulation Amendment (Bookmaker Betting
and Miscellaneous Provisions) Act 2016
PART 3 - RACING (MISCELLANEOUS) REGULATIONS 2015
AMENDED
25. Principal Regulations
26. Regulation 3 amended (Interpretation)
27. Regulation 4 amended (Enforcement of registration bonds)
28. Schedule 1 amended (Prescribed fees)
PART 4 - CONCLUDING PROVISION
29. Repeal of Act
2
RACING REGULATION AMENDMENT
(BOOKMAKER BETTING AND MISCELLANEOUS
PROVISIONS) BILL 2016
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
13 September 2016
(Brought in by the Minister for Racing, the Honourable
Jeremy Page Rockliff)
A BILL FOR
An Act to amend the Racing Regulation Act 2004 and the
Racing (Miscellaneous) Regulations 2015
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 - PRELIMINARY
1. Short title
This Act may be cited as the Racing Regulation
Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 38] 3
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 3 Part 2 - Racing Regulation Act 2004 Amended
PART 2 - RACING REGULATION ACT 2004
AMENDED
3. Principal Act
In this Part, the Racing Regulation Act 2004* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definitions
after the definition of notice:
off-course function approval means
an approval issued under
section 75C(4)(a);
off-course function betting means
betting with a registered
bookmaker at a function to which
relates an off-course function
approval issued to the
bookmaker;
off-course function betting
endorsement means an off-course
function betting endorsement that
is endorsed under
section 73(5)(b) on a
*No. 62 of 2004
4
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 4
bookmaker's certificate of
registration and that is in force;
off-course telephone betting means
betting by telephone with a
registered bookmaker who is at
the premises specified, in
accordance with
section 73A(1)(a), in the
bookmaker's off-course
telephone betting endorsement;
off-course telephone betting
endorsement means an off-course
telephone betting endorsement
that is endorsed under
section 73(5)(b) on a
bookmaker's certificate of
registration and that is in force;
on-course telephone betting means
betting by telephone with a
registered bookmaker, or a
bookmaker's agent, who is at a
racecourse;
on-course telephone betting
endorsement means an on-course
telephone betting endorsement
that is endorsed under
section 73(5)(b) on a
bookmaker's certificate of
registration and that is in force;
premises includes a part of premises;
5
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 5 Part 2 - Racing Regulation Act 2004 Amended
(b) by omitting the definition of telephone
betting endorsement.
5. Section 28A amended (Other rights of appeal to
TRAB)
Section 28A(1) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (d) "a
telephone betting endorsement" and
substituting "an on-course telephone
betting endorsement, an off-course
telephone betting endorsement or an off-
course function betting endorsement";
(b) by omitting from paragraph (e)
"telephone betting endorsement" and
substituting "on-course telephone betting
endorsement, off-course telephone
betting endorsement or off-course
function betting endorsement";
(c) by inserting the following paragraphs
after paragraph (e):
(ea) refuse under section 75C(4)(b) to
issue to the person an off-course
function approval; or
(eb) cancel under section 64(1) or (2)
or section 75D(1) an off-course
function approval issued to the
person; or
6
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 6
(d) by omitting from paragraph (j)
"telephone betting endorsement" and
substituting "on-course telephone betting
endorsement, off-course telephone
betting endorsement or off-course
function betting endorsement";
(e) by inserting the following paragraph after
paragraph (j):
(ja) impose conditions on an off-
course function approval; or
6. Section 64 amended (Suspension or cancellation,
&c., of registration for misconduct)
Section 64 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)(e) "a
telephone betting endorsement" and
substituting "an on-course telephone
betting endorsement, an off-course
telephone betting endorsement, an off-
course function betting endorsement or
an off-course function approval";
(b) by inserting in subsection (2) "in relation
to an on-course telephone betting
endorsement, an off-course telephone
betting endorsement, an off-course
function betting endorsement or an off-
course function approval" after "applies";
7
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 7 Part 2 - Racing Regulation Act 2004 Amended
(c) by omitting from subsection (2)(a)
"telephone betting endorsement" and
substituting "endorsement or approval, or
both,";
(d) by omitting from subsection (2)(a) "it"
and substituting "the endorsement";
(e) by omitting from subsection (4)
"telephone betting endorsement" and
substituting "on-course telephone betting
endorsement, off-course telephone
betting endorsement or off-course
function betting endorsement, or an off-
course function approval issued to the
person,".
7. Section 67 amended (Bookmakers and their agents
may only field on racecourses, &c.)
Section 67 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsections:
(1) A registered bookmaker must not engage
in bookmaking except in accordance with
any of the following paragraphs:
(a) on a racecourse;
(b) if the bookmaker's registration is
endorsed with an off-course
telephone betting endorsement -
at the premises specified, in
accordance with
8
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 8
section 73A(1)(a), in the
endorsement;
(c) if the bookmaker's registration is
endorsed with an off-course
function betting endorsement - at
a function to which relates an off-
course function approval issued
to the bookmaker.
Penalty: In the case of -
(a) a first offence, a fine not
exceeding 20 penalty
units; and
(b) a subsequent offence, a
fine not exceeding 40
penalty units.
(1A) A bookmaker's agent must not engage in
bookmaking except on a racecourse.
Penalty: In the case of -
(a) a first offence, a fine not
exceeding 20 penalty
units; and
(b) a subsequent offence, a
fine not exceeding 40
penalty units.
9
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 8 Part 2 - Racing Regulation Act 2004 Amended
8. Part 7, Division 3, Subdivision 2: Heading amended
Subdivision 2 of Division 3 of Part 7 of the
Principal Act is amended by omitting
"Telephone betting endorsements" from the
heading to that Subdivision and substituting
"Endorsements".
9. Section 72 amended (Control of telephone betting
and off-course betting)
Section 72 of the Principal Act is amended by
omitting subsections (1) and (2) and substituting
the following subsections:
(1) A registered bookmaker must not accept
a bet from a person who is not physically
present at the place where the bet is
accepted and recorded unless the bet is -
(a) an on-course telephone bet in
relation to the registered
bookmaker; or
(b) an off-course telephone bet in
relation to the registered
bookmaker.
Penalty: In the case of -
(a) a first offence, a fine not
exceeding 20 penalty
units; and
10
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 9
(b) a subsequent offence, a
fine not exceeding 40
penalty units.
(1A) For the purposes of subsection (1)(a), a
bet is an on-course telephone bet in
relation to a registered bookmaker if -
(a) the registered bookmaker's
certificate of registration is
endorsed with an on-course
telephone betting endorsement;
and
(b) the registered bookmaker is on a
racecourse and carrying on
business as a bookmaker when
the bet is accepted; and
(c) the bet is placed and accepted in
accordance with the conditions of
the on-course telephone betting
endorsement.
(1B) For the purposes of subsection (1)(b), a
bet is an off-course telephone bet if -
(a) the registered bookmaker's
certificate of registration is
endorsed with an off-course
telephone betting endorsement;
and
(b) the bookmaker is at the premises
specified, in accordance with
section 73A(1)(a), in the
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Miscellaneous Provisions) Act 2016
Act No. of
s. 10 Part 2 - Racing Regulation Act 2004 Amended
endorsement and carrying on
business as a bookmaker when
the bet is accepted; and
(c) the bet is placed and accepted in
accordance with the conditions of
the off-course telephone betting
endorsement.
10. Section 73 amended (Applications for
endorsements)
Section 73 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A registered bookmaker may
apply to the Director to have his
or her certificate of registration
endorsed with -
(a) an on-course telephone
betting endorsement; or
(b) an off-course telephone
betting endorsement; or
(c) an off-course function
betting endorsement.
(b) by inserting the following subsection
after subsection (3):
12
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 11
(3A) The Director may only approve
an application from a registered
bookmaker to have the
bookmaker's certificate of
registration endorsed with -
(a) an off-course telephone
betting endorsement; or
(b) an off-course function
betting endorsement -
if the registered bookmaker has
been a registered bookmaker for a
period of not less than 2 years
before the application is made.
(c) by omitting from subsection (5)(b) "the
telephone betting endorsement." and
substituting "an on-course telephone
betting endorsement, an off-course
telephone betting endorsement, or an off-
course function betting endorsement, as
specified in the application.";
(d) by omitting from subsection (6)
"telephone betting endorsement" and
substituting "on-course telephone betting
endorsement, off-course telephone
betting endorsement or off-course
function betting endorsement".
13
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 11 Part 2 - Racing Regulation Act 2004 Amended
11. Section 73A inserted
After section 73 of the Principal Act, the
following section is inserted in Subdivision 2:
73A. Particular specifications on off-course
telephone betting endorsements
(1) The Director must specify in an off-
course telephone betting endorsement
endorsed on the certificate of registration
of a registered bookmaker -
(a) the premises from which the
registered bookmaker is
authorised to engage in off-course
telephone betting; and
(b) the days, other than a
Wednesday, a Saturday or a
statutory holiday within the
meaning of the Statutory
Holidays Act 2000, on which the
registered bookmaker is
authorised to engage in off-course
telephone betting.
(2) The Director may not, in accordance with
subsection (1)(b), specify in an off-
course telephone betting endorsement
more than 10 days on which the
registered bookmaker is authorised to
engage in off-course telephone betting.
14
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 12
12. Section 74 amended (Security for endorsements)
Section 74(1) of the Principal Act is amended by
omitting "a telephone betting endorsement" and
substituting "an on-course telephone betting
endorsement, an off-course telephone betting
endorsement or an off-course function betting
endorsement".
13. Section 75 amended (Conditions of on-course
telephone betting endorsements)
Section 75 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"telephone betting" first occurring and
substituting "on-course telephone
betting";
(b) by omitting from subsection (1) "a
telephone betting endorsement" and
substituting "an on-course telephone
betting endorsement";
(c) by omitting from subsection (2) "a
telephone betting endorsement" and
substituting "an on-course telephone
betting endorsement";
(d) by inserting the following paragraph after
paragraph (b) in subsection (2):
(ba) that the registered bookmaker
must allow a person authorised
15
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 14 Part 2 - Racing Regulation Act 2004 Amended
by the Director to monitor,
including by electronic means,
any bets accepted by the
bookmaker by telephone;
(e) by omitting from subsection (2)(c)
"administering and auditing" and
substituting "administering, auditing and
monitoring";
(f) by omitting from subsection (2)(c)
"telephone betting endorsement" and
substituting "on-course telephone betting
endorsement".
14. Sections 75A, 75B, 75C and 75D inserted
After section 75 of the Principal Act, the
following sections are inserted in Subdivision 2:
75A. Conditions of off-course telephone betting
endorsement
(1) The following are the conditions on
which a registered bookmaker may
engage in off-course telephone betting
under an off-course telephone betting
endorsement:
(a) the bookmaker must not engage
in off-course telephone betting
except at the premises specified,
in accordance with
section 73A(1)(a), in the
endorsement;
16
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 14
(b) there is not, on the premises
specified, in accordance with
section 73A(1)(a), in the
endorsement, a minor or a
member of the public at any time
when the registered bookmaker is
engaging in off-course telephone
betting;
(c) the bookmaker must not engage
in off-course telephone betting
except on -
(i) a Wednesday, a Saturday
or a statutory holiday
within the meaning of the
Statutory Holidays Act
2000; or
(ii) another day that is
specified, in accordance
with section 73A(1)(b), in
the endorsement;
(d) the bookmaker must engage in
bookmaking on a racecourse for
at least 10 race meetings in each
racing year during which the
endorsement is in force;
(e) the registered bookmaker must
only use a single telephone unit to
conduct betting under the
endorsement;
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Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 14 Part 2 - Racing Regulation Act 2004 Amended
(f) the registered bookmaker's
telephone unit must be of a type
approved by the Director and
adapted and tested as required by
the Director to ensure that
outgoing calls cannot be made on
the telephone unit;
(g) the registered bookmaker must,
on demand, allow a person
authorised for the purpose by the
Director to inspect and test a
telephone unit being used by the
bookmaker at premises specified,
in accordance with
section 73A(1)(a), in the
endorsement;
(h) the registered bookmaker must
allow a person authorised by the
Director to monitor, including by
electronic means, any bets
accepted by the bookmaker by
telephone;
(i) the registered bookmaker must
pay such annual fee, in respect of
the reasonable costs incurred by
the Director in administering,
auditing and monitoring the
endorsement, as is specified in
the endorsement;
(j) any other condition determined
by the Director and specified in
18
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 14
the endorsement under
subsection (2).
(2) The Director may determine and specify
in an off-course telephone betting
endorsement the conditions, not
inconsistent with the conditions specified
in subsection (1), that the Director thinks
fit.
75B. Conditions of off-course function betting
endorsement
(1) The following are the conditions on
which a registered bookmaker may
engage in off-course function betting
under an off-course function betting
endorsement:
(a) the bookmaker must not engage
in off-course function betting
except in person at a function, in
relation to a bet made with a
person who is at a function, to
which relates an off-course
function approval issued to the
registered bookmaker;
(b) at any time when the registered
bookmaker is engaging in off-
course function betting at a
function to which relates an off-
course function approval issued
to the registered bookmaker -
19
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 14 Part 2 - Racing Regulation Act 2004 Amended
(i) there is not on the
premises at which the
function is taking place a
minor, other than a minor
who is accompanied by a
parent or guardian or a
person authorised by the
parent or guardian of the
minor to be with the
minor at the function; and
(ii) the premises must be
premises to which a
person may be refused
entry, or from which a
person may be ejected, by
the occupier of the
premises or an agent of
the occupier of the
premises;
(c) any other condition determined
by the Director and specified in
the endorsement under
subsection (2).
(2) The Director may determine and specify
in an off-course function betting
endorsement the conditions, not
inconsistent with the conditions specified
in subsection (1), that the Director thinks
fit.
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Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 14
75C. Off-course function approvals
(1) A registered bookmaker whose
certificate of registration is endorsed with
an off-course function betting
endorsement may apply to the Director
for an approval of a function specified in
the application.
(2) An application for an approval -
(a) is to be in the approved form, if
any; and
(b) must be accompanied by the
prescribed fee, if any; and
(c) is to be lodged with the Director;
and
(d) must be supported by the
information or evidence that the
Director requires; and
(e) must specify -
(i) the purpose of the
function, or the name of
the function, to which the
application relates; and
(ii) the premises at which the
function is to occur; and
(iii) the date on which the
function is to occur; and
21
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 14 Part 2 - Racing Regulation Act 2004 Amended
(iv) the hours on that date
during which the function
is to occur; and
(v) any other details that the
Director requires.
(3) An application for an approval of a
function is to be made under
subsection (1) at least 28 days before the
date on which the function is to occur.
(4) The Director, within 14 days after
receiving from a registered bookmaker
an application under subsection (1) in
relation to a function, must -
(a) issue to the bookmaker an
approval (an off-course function
approval) in relation to the
function; or
(b) refuse to issue an off-course
function approval in relation to
the function.
(5) The Director may determine and specify
in an off-course function approval the
conditions that the Director thinks fit.
(6) An off-course function approval in
relation to a function is to specify -
(a) the purpose of the function or the
name of the function; and
22
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 14
(b) the premises at which the
function is to occur; and
(c) the date on which the function is
to occur; and
(d) the hours on that date during
which the function is to occur;
and
(e) any other details as the Director
thinks fit; and
(f) the conditions, if any, that the
Director determines under
subsection (5).
(7) The Director may not issue to a
registered bookmaker more than 3 off-
course function approvals in respect of
any racing year.
(8) The Director is to give to a registered
bookmaker a copy of an off-course
function approval issued to the
bookmaker.
(9) If the Director refuses to issue an off-
course function approval to a registered
bookmaker, the Director -
(a) is to give the bookmaker notice of
the refusal, with reasons, and of
the bookmaker's right of appeal;
and
23
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 14 Part 2 - Racing Regulation Act 2004 Amended
(b) may refund all or part of the fee
that accompanied the application
for the approval.
75D. Cancellation of off-course function approval
(1) The Director may cancel an off-course
function approval issued to a registered
bookmaker in relation to a function, if
the Director is satisfied -
(a) that there is information in
relation to the function that was
not available to the Director at the
time the approval was issued such
that, if the Director had been
aware of the information at that
time, the Director would have
refused to issue the approval; or
(b) that the bookmaker has
contravened a condition of the
off-course function approval.
(2) If, under subsection (1), the Director
decides to cancel an off-course function
approval issued to a registered
bookmaker, the Director must give to the
registered bookmaker notice of -
(a) the decision; and
(b) the reasons for the decision; and
(c) the registered bookmaker's right
of appeal.
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Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 15
(3) A decision under subsection (1) in
relation to a registered bookmaker takes
effect when the notice under
subsection (2) is given to the bookmaker.
15. Section 76 amended (Features of endorsements)
Section 76 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1)
"telephone betting endorsement" and
substituting "on-course telephone betting
endorsement, off-course telephone
betting endorsement or off-course
function betting endorsement";
(b) by omitting subsection (2) and
substituting the following subsections:
(2) A registered bookmaker's on-
course telephone betting
endorsement does not authorise
the bookmaker to engage in on-
course telephone betting during
any period when his or her
registration is suspended.
(2A) A registered bookmaker's off-
course telephone betting
endorsement does not authorise
the bookmaker to engage in off-
course telephone betting during
any period when his or her
registration is suspended.
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Racing Regulation Amendment (Bookmaker Betting and
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Act No. of
s. 16 Part 2 - Racing Regulation Act 2004 Amended
(2B) A registered bookmaker's off-
course function betting
endorsement does not authorise
the bookmaker to engage in off-
course function betting during
any period when his or her
registration is suspended.
(c) by omitting from subsection (3) "A
telephone betting endorsement" and
substituting "An on-course telephone
betting endorsement, an off-course
telephone betting endorsement or an off-
course function betting endorsement";
(d) by omitting from subsection (4) "has a
telephone betting endorsement" and
substituting "is endorsed with an on-
course telephone betting endorsement, an
off-course telephone betting endorsement
or an off-course function betting
endorsement".
16. Section 76A inserted
After section 76 of the Principal Act, the
following section is inserted in Subdivision 2:
76A. What does an endorsement authorise?
(1) An on-course telephone betting
endorsement, an off-course telephone
betting endorsement, or an off-course
function betting endorsement, while the
endorsement is in force, authorises the
26
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 16
bookmaker on whose certificate of
registration the endorsement is endorsed
to, on his or her own behalf, engage in
on-course telephone betting, off-course
telephone betting or off-course function
betting, respectively, subject to -
(a) the provisions of this Part; and
(b) the conditions, if any, of the
endorsement and, in the case of
an off-course function betting
endorsement, the conditions of an
off-course function approval
under which the off-course
betting occurs; and
(c) the directions, if any, that the
Director gives to the bookmaker;
and
(d) the regulations made and in force
under this Act.
(2) An on-course telephone betting
endorsement endorsed on a registered
bookmaker's certificate of registration
authorises, while the endorsement is in
force, a bookmaker's agent to, on behalf
of the bookmaker, engage in on-course
telephone betting, subject to -
(a) the provisions of this Part; and
(b) the conditions, if any, of the
endorsement; and
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Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 17 Part 2 - Racing Regulation Act 2004 Amended
(c) the directions, if any, that the
Director gives to the bookmaker's
agent or the bookmaker; and
(d) the regulations made and in force
under this Act.
17. Section 77 amended (Bookmakers and agents must
issue tickets and record bets)
Section 77 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) ", unless
the bet is placed and accepted by
telephone in accordance with the
bookmaker's on-course telephone betting
endorsement or off-course telephone
betting endorsement" after "form";
(b) by omitting paragraph (b) from
subsection (2);
(c) by inserting in subsection (4) ", if at all,"
after "required";
(d) by omitting from subsection (6) "a
telephone betting endorsement" and
substituting "an on-course telephone
betting endorsement or an off-course
telephone betting endorsement".
28
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 18
18. Section 78 amended (Bookmakers must keep
betting records)
Section 78(5) of the Principal Act is amended by
omitting "a telephone betting endorsement" and
substituting "an on-course telephone betting
endorsement or an off-course telephone betting
endorsement".
19. Section 79 amended (Bookmakers must keep books
of account)
Section 79(2) of the Principal Act is amended by
inserting ", or conducting any monitoring," after
"audit".
20. Section 86 amended (Authorised and unauthorised
betting, &c.)
Section 86(2) of the Principal Act is amended by
omitting paragraph (b) and substituting the
following paragraphs:
(b) on-course telephone betting conducted in
accordance with the requirements of
Subdivision 2 of division 3 of Part 7 that
apply to on-course telephone betting, by
or with a registered bookmaker whose
certificate of registration is endorsed with
an on-course telephone betting
endorsement; or
(ba) off-course telephone betting conducted in
accordance with the requirements of
29
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 21 Part 2 - Racing Regulation Act 2004 Amended
Subdivision 2 of division 3 of Part 7 that
apply to off-course telephone betting, by
or with a registered bookmaker whose
certificate of registration is endorsed with
an off-course telephone betting
endorsement; or
(bb) off-course function betting conducted in
accordance with the requirements of
Subdivision 2 of division 3 of Part 7 that
apply to off-course function betting, by
or with a registered bookmaker whose
certificate of registration is endorsed with
an off-course function betting
endorsement and who is conducting
betting at a function to which an off-
course function approval issued to the
bookmaker relates; or
21. Section 87 amended (Offences by bettors)
Section 87 of the Principal Act is amended by
omitting subsection (1) and substituting the
following subsection:
(1) A person who places a bet with a
registered bookmaker must not, with
intent to evade the provisions of this Act,
fail to demand or obtain from the
bookmaker, or from a bookmaker's agent
who is registered in relation to the
bookmaker, a betting ticket for the bet,
unless the bet is placed and accepted by
telephone in accordance with an off-
30
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 22
course telephone betting endorsement or
an on-course telephone betting
endorsement.
Penalty: In the case of -
(a) a first offence, a fine not
exceeding 20 penalty
units; and
(b) a subsequent offence, a
fine not exceeding 30
penalty units.
22. Section 107A inserted
After section 107 of the Principal Act, the
following section is inserted in Part 10:
107A. Director may require attendance at inquiry
by stewards under Rules of Racing
(1) The Director may, by summons to a
person, require the person to -
(a) produce documents, specified in
the summons, for the purposes of
an inquiry conducted by stewards
under the Rules of Racing; or
(b) appear to give evidence at a
hearing being conducted, or to be
conducted, in relation to an
inquiry conducted by stewards
under the Rules of Racing -
31
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 23 Part 2 - Racing Regulation Act 2004 Amended
if the Director is of the opinion, on
reasonable grounds, that the production
of the document, or the giving of the
evidence, as the case may be, is
necessary or desirable for the purposes of
the inquiry, or in relation to the matter in
respect of which the inquiry by stewards
is being conducted.
(2) A person served with a summons to
produce any document or appear before
an inquiry conducted by stewards under
the Rules of Racing must not, without
reasonable excuse -
(a) fail to produce the document or
attend as required by the
summons; or
(b) fail to appear from time to time in
the course of the inquiry by
stewards as required by the
Director.
Penalty: Fine not exceeding 20 penalty
units.
23. Section 109 amended (Regulations)
Section 109(2)(e) of the Principal Act is
amended by omitting "telephone betting
endorsements" and substituting "on-course
telephone betting endorsements, off-course
telephone betting endorsements or off-course
32
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 2 - Racing Regulation Act 2004 Amended s. 24
function betting endorsements and the issue of
off-course function approvals".
24. Section 112B inserted
After section 112A of the Principal Act, the
following section is inserted in Part 10:
112B. Transitional and savings provisions
consequent on Racing Regulation
Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
A telephone betting endorsement that is
endorsed on a bookmaker's certificate of
registration and is in force immediately
before the day on which the Racing
Regulation Amendment (Bookmaker
Betting and Miscellaneous Provisions)
Act 2016 commences is to be taken, on
and after that day, to be an on-course
telephone betting endorsement endorsed
on the certificate of registration, but may
be cancelled or suspended under this Act.
33
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 25 Part 3 - Racing (Miscellaneous) Regulations 2015 Amended
PART 3 - RACING (MISCELLANEOUS)
REGULATIONS 2015 AMENDED
25. Principal Regulations
In this Part, the Racing (Miscellaneous)
Regulations 2015* are referred to as the
Principal Regulations.
26. Regulation 3 amended (Interpretation)
Regulation 3 of the Principal Regulations is
amended by omitting "a telephone betting
endorsement" from the definition of guarantor
and substituting "an on-course telephone betting
endorsement, an off-course telephone betting
endorsement or an off-course function betting
endorsement".
27. Regulation 4 amended (Enforcement of registration
bonds)
Regulation 4(1)(a)(ii) of the Principal
Regulations is amended by omitting "telephone
betting endorsement" and substituting "an on-
course telephone betting endorsement, an off-
course telephone betting endorsement or an off-
course function betting endorsement".
*S.R. 2015, No. 106
34
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
Part 3 - Racing (Miscellaneous) Regulations 2015 Amended s. 28
28. Schedule 1 amended (Prescribed fees)
Schedule 1 to the Principal Regulations is
amended by omitting "a telephone betting
endorsement" from column 2 of item 3 and
substituting "an on-course telephone betting
endorsement, an off-course telephone betting
endorsement or an off-course function betting
endorsement".
35
Racing Regulation Amendment (Bookmaker Betting and
Miscellaneous Provisions) Act 2016
Act No. of
s. 29 Part 4 - Concluding Provision
PART 4 - CONCLUDING PROVISION
29. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which it
commences.
36 Government Printer, Tasmania