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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Totalizator Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Totalizator Act 1997 No 45 3
Schedule 2 Amendment of other Acts 6
b2010-098-04.d13
New South Wales
Totalizator Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Totalizator Act 1997 to enable the approval of a betting activity
in respect of computer simulated horse racing, harness racing or greyhound racing
events; and for other purposes.
Clause 1 Totalizator Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Totalizator Amendment Act 2010. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Totalizator Amendment Bill 2010
Amendment of Totalizator Act 1997 No 45 Schedule 1
Schedule 1 Amendment of Totalizator Act 1997 1
No 45 2
[1] Section 13 Licensee can be approved to conduct other betting activities 3
Insert after section 13 (2) (b): 4
(c) computer simulated horse racing, harness racing or 5
greyhound racing events. 6
[2] Section 15AA 7
Insert after section 15: 8
15AA Only TAB Limited entitled to exclusive approval for betting activity 9
involving computer simulated racing events 10
(1) TAB Limited is the only person entitled to be approved to 11
conduct a betting activity on computer simulated racing events 12
during the exclusive approval period. 13
(2) An approval or authorisation (however described) must not be 14
granted under any other Act to permit the conduct of a betting 15
activity on computer simulated racing events during the 16
exclusive approval period. 17
(3) This section ceases to apply if the licence held by TAB Limited 18
is cancelled or otherwise ceases to have effect under this Act. 19
(4) No application under this Act is required for the purposes of an 20
approval given pursuant to this section. 21
(5) In this section: 22
computer simulated racing events means computer simulated 23
horse racing, harness racing or greyhound racing events. 24
exclusive approval period means the period that begins on the 25
commencement of this section and ends on 6 March 2097 (being 26
the end of the term of the licence held by TAB Limited). 27
[3] Section 17A Trade Practices exemption 28
Insert after section 17A (1) (e): 29
(f) the exclusive approval of the holder of a licence 30
conducting a betting activity on computer simulated horse 31
racing, harness racing or greyhound racing events as 32
referred to in section 15AA. 33
Page 3
Totalizator Amendment Bill 2010
Schedule 1 Amendment of Totalizator Act 1997 No 45
[4] Sections 117B and 117C 1
Insert after section 117A: 2
117B Minister may direct changes to racing agreement 3
(1) The Minister may determine that specified changes to a racing 4
agreement are necessary or desirable for ensuring that the 5
agreement is in the best interests of racing in New South Wales. 6
(2) The Minister may notify the parties to the racing agreement 7
concerned of the determination and direct that the changes 8
specified in the determination are to have effect. Those changes 9
have effect for all purposes as if the agreement had been amended 10
by the agreement of the parties. 11
(3) This section does not limit or otherwise affect the ability of the 12
parties to a racing agreement to agree to make changes to the 13
agreement. 14
(4) In this section, racing agreement means the following: 15
(a) the agreement titled "Racing Distribution Agreement" 16
dated 11 December 1997 between the NSW Totalizator 17
Agency Board, NSW Racing Pty Limited, the NSW 18
Thoroughbred Racing Board, Harness Racing New South 19
Wales and the Greyhound Racing Authority (NSW), as in 20
force from time to time, 21
(b) the agreement titled "Intra-Code Deed" dated 22
3 March 1998 between the NSW Thoroughbred Racing 23
Board, AJC, Sydney Turf Club, Provincial Association of 24
New South Wales and NSW Country Racing Council, as 25
in force from time to time. 26
(5) The Minister may not make a determination under this section 27
after 31 January 2011. 28
117C Compensation for loss of entitlement to revenue 29
(1) If, as a consequence of any agreements or arrangements entered 30
into relating to the conduct of an approved betting activity or the 31
distribution of revenue derived from that activity, the Provincial 32
Association of New South Wales or Racing NSW Country 33
Limited lose an entitlement to revenue derived from that activity, 34
Racing NSW is to compensate the body or bodies concerned for 35
that loss of revenue. 36
(2) In this section: 37
approved betting activity means a betting activity conducted by a 38
licensee on computer simulated horse racing, harness racing or 39
Page 4
Totalizator Amendment Bill 2010
Amendment of Totalizator Act 1997 No 45 Schedule 1
greyhound racing events in accordance with an approval under 1
section 13. 2
[5] Schedule 2 Savings, transitional and other provisions 3
Insert at the end of clause 1 (1): 4
Totalizator Amendment Act 2010 5
Page 5
Totalizator Amendment Bill 2010
Schedule 2 Amendment of other Acts
Schedule 2 Amendment of other Acts 1
2.1 Betting Tax Act 2001 No 43 2
[1] Section 10 Betting tax on approved betting activities 3
Insert after section 10 (4): 4
(4A) No betting tax is payable on net earnings in connection with the 5
first $255 million of the total amount of computer simulated 6
racing event bets placed with a totalizator licensee in any 7
financial year. 8
(4B) Subsection (4A) ceases to have effect at the end of 30 June 2034. 9
[2] Section 10 (5) 10
Insert in alphabetical order: 11
computer simulated racing event bet means a bet in respect of an 12
approved betting activity conducted on a computer simulated 13
horse racing, harness racing or greyhound racing event. 14
financial year means a year ending on 30 June. 15
2.2 Gaming Machines Act 2001 No 127 16
Schedule 1 Savings, transitional and other provisions 17
Insert after Part 11: 18
Part 12 Provision consequent on enactment of 19
Totalizator Amendment Act 2010 20
48 Existing multi-terminal gaming machine approval revoked 21
The approval under this Act granted on 24 September 2002 in 22
respect of the multi-terminal gaming machine known as 23
"Trackside" is revoked. 24
Page 6
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