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CLAUSE NOTES
Racing Regulation Amendment
(Bookmaker Betting and Miscellaneous Provisions) Bill 2016
PART 1 PRELIMINARY
Clause 1 Short title and citation.
Clause 2 Provides for the Racing Regulation Amendment (Bookmaker Betting & Miscellaneous
Provisions) Act 2016 to commence on the date on which it receives the Royal
Assent.
PART 2 RACING REGULATION ACT 2004 AMENDED
Clause 3 In Part 2, the Racing Regulation Act 2004 is referred to as the Principal Act.
Clause 4 Amends section 3 of the Principal Act by deleting certain definitions and inserting
additional definitions for the purpose of amendments made under this Bill as follows:
under paragraph (a) by –
inserting a definition of an “off-course function approval” which means an
approval that may be granted to a person holding an off-course function
betting endorsement under section 73(5)(b).
inserting a definition of “off-course function betting” which is betting with
a registered bookmaker, who holds an off-course function betting
endorsement, where the betting takes place at an approved off-course
function under section 75(C)(4)(a)
inserting a definition of “off-course function betting endorsement” which
is an endorsement that provides for a registered bookmaker to be
granted such endorsement under section 73(5)(b).
inserting a definition of “off-course telephone betting” which is betting
with a registered bookmaker who holds an off-course telephone betting
endorsement under section 73(5)(b).
inserting a definition of “off-course telephone betting endorsement" which
is off-course betting by telephone conducted by a registered bookmaker
at a specified premises in accordance with section 73A(1)(a).
inserting a definition of “on-course telephone betting” which is betting
with a registered bookmaker or bookmaker’s agent by telephone whilst
they are undertaking activities at a race meeting.
inserting a definition of “on-course telephone betting endorsement”
which means an endorsement under section 73(5)(b).
providing a definition of “premises” at which a registered bookmaker with
an off-course telephone betting endorsement may conduct their business
in accordance with section 73A(1)(a) so that premises includes a part of
premises (eg an office).
under paragraph (b), by deleting the definition of “telephone betting
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endorsement” which is being replaced by “on-course telephone betting
endorsement”.
Clause 5 Amends section 28A of the Principal Act, which deals with the rights of appeal to
the Tasmanian Racing Appeal Board if a person is aggrieved by a decision of the
Director, by providing for the additional rights of appeal as follows:
Under paragraph (d) the reference to “telephone betting endorsement” is
changed to “on-course telephone betting endorsement” and references to “off-
course telephone betting endorsement” and “off-course function betting
endorsement” are included.
Under paragraph (e) the reference to “telephone betting endorsement” is
changed to “on-course telephone betting endorsement” and references to “off-
course telephone betting endorsement” and “off-course function betting
endorsement” are included.
Under paragraph (ea) appeal rights are assigned to a refusal to issue an “off-
course function approval” in accordance with section 75C(4)(b).
Under paragraph (eb) appeal rights are assigned to a cancellation of an “off-
course function approval” in accordance with section 64(1) or (2) or section
75D(1).
Under paragraph (j) the reference to “telephone betting endorsement” is
changed to “on-course telephone betting endorsement” and “off-course
telephone betting endorsement” and “off-course function betting endorsement”
are included.
Under paragraph (ja) appeal rights are assigned to the imposition of conditions of
an” off-course function approval” in accordance with section 75(C)(5).
Clause 6 Amends section 64 of the Principal Act by inserting additional provisions under
which the Director may suspend or cancel a registration in the following manner:
Under subsection (1)(e) the reference to “telephone betting endorsement” is
changed to “on-course telephone betting endorsement” and “off-course
telephone betting endorsement”, “off-course function betting endorsement” and
“off-course function approval” are included.
Section 2 now provides that if a condition of “on-course telephone betting
endorsement”, “off-course telephone betting endorsement”, “off-course function
betting endorsement” or “off-course function approval” is contravened the
Director may –
Under paragraph (a) cancel the endorsement or approval or both or suspend the
endorsement.
Subsection 4 provides that if action is taken under this section the Director may
also suspend or cancel a person’s “on-course telephone betting endorsement”,
“off-course telephone betting endorsement”, “off-course function betting
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endorsement” or “off-course function approval”.
Clause 7 Amends section 67 of the Principal Act to provide for the places at which a
registered bookmaker can conduct their business as follows:
Inserting a new subsection (1) which states that a bookmaker must not engage in
bookmaking except (a) on a racecourse (b) if the bookmaker’s registration is
endorsed with an off-course betting endorsement at the premises specified, and (c)
if a bookmaker’s registration is endorsed with an off-course function betting
endorsement at an approved function.
Penalty provisions are included.
Inserting a new subsection (1A) which provides that a bookmaker’s agent must not
engage in bookmaking except on a racecourse.
Penalty provisions are included.
Clause 8 Amends the heading under Part 7 Division 3 Subdivision 2 to include all
endorsements.
Clause 9 Amends section 72 of the Principal Act which deals with the control of telephone
betting and off-course betting as follows:
Inserting a new subsection (1) which provides that a registered bookmaker can only
accept a bet from a person not physically present if the bet is an on-course
telephone bet or an off-course telephone bet.
Inserting a new subsection (1A) which provides that a registered bookmaker must
hold an on-course telephone betting endorsement and be carrying on business as a
bookmaker on a racecourse.
Inserting a new subsection (1B) which provides that the registered bookmaker must
have an off-course telephone betting endorsement and be at a premises specified in
the endorsement.
Omitting subsection (2) to remove the requirement of minimum bet and liability
amounts applicable to telephone betting.
Clause 10 Amends section 73 of the Principal Act, which provides for the application process
by setting out provisions in relation to applications for an on-course telephone
betting endorsement, an off-course telephone betting endorsement or an off-course
function betting endorsement as follows:
Inserting a new subsection (1) which omits the reference to a telephone betting
endorsement and includes an application for an on-course telephone betting
endorsement, an off-course telephone betting endorsement or an off-course
function betting endorsement.
Inserting a new subsection (3A) which provides that the Director may only approve
an application for an off-course telephone betting endorsement or an off-course
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function betting endorsement if the bookmaker had been registered for a period of
not less than two years immediately before the application is made.
Subsection (5) provides that the Director may approve an application and endorse
the certificate of registration with an on-course telephone betting endorsement, an
off-course telephone betting endorsement or an off-course function betting
endorsement.
Clause 11 Provides for a new section 73A which details specifications on off-course telephone
betting endorsements as follows:
Under subsection (1)(a) specifying the premises from which the registered
bookmaker is authorised to engage in off-course telephone betting.
Under subsection (1)(b) specifying the days on which off-course telephone betting
can be conducted, which are a Wednesday, a Saturday, a statutory holiday and a
maximum of 10 other days as approved by the Director in accordance with
subsection(2).
Clause 12 Amends section 74 of the Principal Act by including the requirement for a form of
security to be applied to all endorsements.
Clause 13 Amends section 75 of the Principal Act to –
Under subsection (1), enable to apply to an on-course telephone betting
endorsement.
Under subsection (2)(ba), enable the Director to authorise a person to monitor any
bets accepted by the registered bookmaker in accordance with the bookmaker’s on-
course telephone betting endorsement.
Under subsection (2)(c), require a registered bookmaker to pay an annual fee in
respect to reasonable costs incurred in the administering, auditing and monitoring of
the bookmaker’s on-course telephone betting endorsement.
Clause 14 Inserts 75A, 75B, 75C and 75D as follows:
Section 75A – conditions of off-course telephone betting endorsement
This section provides for the conditions under which a registered bookmaker may
engage in off-course telephone betting under an off-course telephone betting
endorsement as follows –
Under subsection 1(a) the bookmaker can only engage in off-course telephone
betting from the premises specified in the endorsement.
Under subsection 1(b) the premises must not be accessible by a minor or member
of the public at any time when the bookmaker is engaging in off-course telephone
betting.
Under subsection (1)(c) the days on which a bookmaker may engage in off-course
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telephone betting must be on a Wednesday, Saturday, a statutory holiday and on no
more than 10 other days.
Under subsection (1)(e) the bookmaker can only utilise a single telephone unit to
conduct off-course telephone betting.
Under subsections (1) (f) (g) (h) the registered bookmaker must use a telephone
unit approved by the Director and allow an authorised person to inspect, test or
monitor the use of the telephone.
Under subsection (1) (i) the bookmaker must pay an annual fee to the Director in
respect to the reasonable costs incurred in administering, auditing and monitoring
the endorsement.
Under subsection (1)(j) the Director may specify any other condition under the
endorsement.
Section 75B – Conditions of off-course function betting endorsement
This section provides for the conditions under which a registered bookmaker may
engage in off-course function betting under an off-course function betting
endorsement as follows:
Under subsection (1)(a) the registered bookmaker must be present at the off-
course function and can only accept a bet from a person who is at the function.
Under subsection (1)(b), at any time when the registered bookmaker is engaging in
bookmaking at an off-course function the following shall apply –
(i) There shall not be a minor present unless they are accompanied by a parent
or guardian or person authorised by a parent or guardian.
(ii) The premises must be a controlled environment wherein a person may be
refused entry or a person may be ejected by the occupier of the premises.
Under subsection (1)(c) any other conditions as determined by the Director.
Section 75C –Off-course function approvals
This section provides for the approval of an off-course function at which a
bookmaker who holds an off-course function betting endorsement may undertake
bookmaking activities.
Under subsections (1), (2), (3), (4), (5) and (6) the application and approval process
is outlined.
Under subsection (7) the Director may not grant approval to a registered
bookmaker to undertake bookmaking activities at more than three approved
functions in any racing year.
Under subsection (8) the Director is to give the bookmaker a copy of the off-course
function approval.
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Under subsection (9) if the off-course function approval is refused the Director is to
provide the bookmaker with reasons and provide details of the registered
bookmaker’s right of appeal. The Director may refund all or part of the application
fee.
Section 75D – Cancellation of off-course function approval
This section provides for the Director to cancel an off-course function approval as
follows –
Under subsection 1(a) the Director may cancel an off-course function approval if
information becomes available that the Director was not aware of at the time of
approval and if he had been aware of such would have refused to issue the approval.
Under subsection 1(b) the Director may cancel an off-course function approval if
the bookmaker has contravened a condition of the approval.
Under subsection 2 if the Director has decided to cancel an off-course function
approval he must provide the bookmaker notice of the decision, the reasons for the
decision and the bookmaker’s right of appeal.
Under subsection 3 a decision to cancel an off-course function approval takes effect
once a notice under subsection 2 is provided to the bookmaker.
Clause 15 Amends Section 76 of the Principal Act, which relates to features of endorsement,
by-
Under subsection (1) omitting the reference to a telephone betting endorsement
and substituting an application for an on-course telephone betting endorsement, an
off-course telephone betting endorsement or an off-course function betting
endorsement.
Under subsection (2) (2A) and (2B), providing that a bookmaker’s on-course betting
endorsement, off-course telephone betting endorsement or off-course function
betting endorsement does not authorise the bookmaker to utilise such
endorsements during any period when their registration is suspended.
Amending subsection (3) so that all endorsements are not transferrable.
Amending subsection (4) so that a bookmaker may surrender any endorsement at
any time by requesting the Director to cancel the endorsement.
Clause 16 Provides for a new section 76A – What does an endorsement authorise
Under subsection (1) a bookmaker who holds an on-course telephone betting
endorsement, an off-course telephone betting endorsement or an off-course
function betting endorsement may engage in on-course telephone betting, off-course
telephone betting or off-course function betting subject to -
(a) the provisions of this Part.
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(b) any conditions of the endorsement and where applicable conditions placed on
an off-course function approval.
(c) any directions given by the Director, and
(d) the regulations made and enforced under this Act.
Under subsection (2) a bookmaker’s agent is authorised to engage in on-course
telephone betting on behalf of a bookmaker who holds a telephone betting
endorsement.
Clause 17 Amends section 77 of the Principal Act, which deals with the issue of tickets and
recording bets, by -
Under subsection (1)(a) requiring that a betting ticket is issued unless the bet is
placed and accepted by a bookmaker by telephone in accordance with an on-course
betting endorsement or an off-course betting endorsement.
Omitting subsection (2)(b) to remove any requirement for a betting ticket to be
issued if the bet is placed by telephone.
Omitting under subsection (6) reference to a telephone betting endorsement and
assigning the requirements of the subsection to of an on-course telephone betting
endorsement and an off-course telephone betting endorsement.
Clause 18 Amends section 78 of the Principal Act by omitting a telephone betting
endorsement and substituting an on-course telephone betting endorsement and an
off-course telephone betting endorsement.
Clause 19 Amends section 79 of the Principal Act, by -.
An addition to Subsection (2)(d) to include that a bookmaker must not hinder or
obstruct or attempt to hinder or obstruct a person who is conducting any
monitoring of the bookmaker’s activity.
Clause 20 Amends section 86 of the Principal Act, which relates to authorised and
unauthorised betting, by providing for authorised betting to also include on-course
telephone betting, off-course telephone betting and off-course function betting.
Clause 21 Amends section 87 of the Principal Act, which deals with offences by bettors, by
detailing that a person is not required to demand or obtain from a bookmaker a
betting ticket if a bet is placed in accordance with an off-course telephone betting
endorsement or an on-course telephone betting endorsement.
Clause 22 Provides for a new section 107A which provides that the Director may by summons
require a person to produce documents or appear to give evidence at an inquiry
conducted by stewards under the rules of racing.
Subsection (1) provides that the Director may issue a summons if he is of the
reasonable opinion that the production of the document or the giving of the
evidence is necessary or desirable for the purposes of the inquiry.
Subsection (2) provides penalties for a person who without reasonable excuse fails
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to comply with the summons.
Clause 23 Amends section 109 of the Principal Act, which provides for a power to make
regulations, by omitting reference to telephone betting endorsement and substituting
on-course telephone betting endorsements, off-course telephone betting
endorsements, off-course function betting endorsements and the issue of off-course
function approvals.
Clause 24 Provides for transitional and savings provisions by inserting new section 112B which
provides that a telephone betting endorsement which is in force immediately before
the Racing Regulation Amendment (Bookmaker Betting and Miscellaneous Provisions)
Act 2016 commences is to taken on or after that day to be an on-course telephone
endorsement.
PART 3 RACING (MISCELLANEOUS) REGULATIONS 2015 AMENDED
Clause 25 In Part 3, the Racing (Miscellaneous) Regulations 2015 are referred to as the Principal
Regulations.
Clause 26 Amends Regulation 3 of the Principal Regulations, by omitting the reference to “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”.
Clause 27 Amends Regulation 4 of the Principal Regulations which provides for enforcement of
registration bonds, by omitting the reference to “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”.
Clause 28 Amends Schedule 1 of the Principal Regulations which provides for prescribed fees,
by omitting the reference to “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”.
PART 4 CONCLUDING PROVISION
Clause 29 Provides for the automatic repeal of the Racing Regulation (Bookmaker Betting and
Miscellaneous Provisions) Act 2016 one year from the day it commences.
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