Tasmanian Numbered Regulations
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RACING (MISCELLANEOUS) REGULATIONS 2015 (S.R. 2015, NO. 106) - REG 4
Enforcement of registration bonds
(1) The following provisions apply to a registration bond: (a) the
registration bond continues in force for (i) in the case of a
registration bond given under section 59 of the Act, the whole period of the
guarantor's registration and the 6-month period immediately following that
period of registration; and
(ii) in the case of a registration bond given
under section 74 of the Act, the whole period of the guarantor's telephone
betting endorsement and the 6-month period immediately following the
expiration, cancellation, or surrender, of that endorsement;
(b) the Director
may enforce the registration bond if the Director is of the opinion that the
guarantor has defaulted in the payment of one or more of the following while
the bond is in force: (i) any commission or other money payable by the
guarantor to the Director in observance of, or compliance with, the provisions
of the Act;
(ii) any money payable by the guarantor in observance of, or
compliance with, the provisions of the Act;
(iii) a bet payable by that
guarantor;
(c) if the Director decides to enforce the registration bond, the
security amount (i) is recoverable notwithstanding that it relates
to betting; and
(ii) is not to be taken for any purpose to be a penalty but is
to be taken to be liquidated damages; and
(iii) is accordingly recoverable in
full as a debt due to the Crown unless every condition on which the
registration bond is defeasible is shown to have been performed.
(2) From the sum of the security amount recovered, received or collected
under a registration bond, the Director is to (a) deduct the costs
incurred by or on behalf of the Director in effecting that recovery, receipt
or collection; and
(b) apply the balance (i) firstly, in paying
any commission or other money that is payable to the Director by the guarantor
in observance of, or compliance with, the provisions of the Act; and
(ii)
secondly, in paying to bettors the amounts that are, in the opinion of the
Director, due to them in respect of bets placed with the guarantor.
(3) If the balance referred to in subregulation (2)(b) is sufficient to
meet all of the payments required to be made under
subregulation (2)(b)(i) and (ii) , the amount remaining, if any, after
all those payments have been made is to be paid to the guarantor or surety
from whom the sum was recovered, received or collected.
(4) If the amount available for the purposes of
subregulation (2)(b)(ii) is insufficient to meet all of the payments
required to be made to bettors under that subregulation, the Director may make
a pro rata distribution among those bettors of the remaining amount available.
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