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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Totalizator Legislation Amendment
(Inter-jurisdictional Processing of
Bets) Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Totalizator Act 1997 No 45 2
4 Amendment of Unlawful Gambling Act 1998 No 113 2
5 Repeal of Act 2
Schedule 1 Amendment of Totalizator Act 1997 3
Schedule 2 Amendment of Unlawful Gambling Act 1998 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Totalizator Legislation Amendment
(Inter-jurisdictional Processing of
Bets) Bill 2006
Act No , 2006
An Act to amend the Totalizator Act 1997 so as to permit the inter-jurisdictional
processing of bets; and for other purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill
as finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets)
Clause 1 Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Totalizator Legislation Amendment (Inter-jurisdictional
Processing of Bets) Act 2006.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Totalizator Act 1997 No 45
The Totalizator Act 1997 is amended as set out in Schedule 1.
4 Amendment of Unlawful Gambling Act 1998 No 113
The Unlawful Gambling Act 1998 is amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets)
Bill 2006
Amendment of Totalizator Act 1997 Schedule 1
Schedule 1 Amendment of Totalizator Act 1997
(Section 3)
[1] Section 5 Definitions
Insert in alphabetical order in section 5 (1):
process, in relation to a bet, means any one or more of the
following:
(a) register the bet,
(b) calculate the dividend or other return (if any) payable on
the bet,
(c) carry out an activity for the purpose of calculating the
dividend or other return (if any) payable on the bet,
(d) if the bet is a winning bet--pay out on the bet,
(e) generate and maintain records in relation to the bet,
(f) otherwise deal with the bet.
[2] Sections 9A and 9B
Insert after section 9:
9A Processing in New South Wales of bets with conductors of betting
activities in other jurisdictions
(1) The Minister may, by notice published in the Gazette, approve,
for the purposes of this section, any person who is authorised
under the law of another State or a Territory or another country
to conduct a betting activity in that State, Territory or country (an
approved person).
(2) An approved person may, while the approval is in force:
(a) with the written consent of a licensee, use the systems or
technology of the licensee (including any totalizator of the
licensee), or
(b) arrange for the licensee, on behalf of the approved person,
to process in New South Wales bets placed (or to be placed) with
the approved person in the conduct, by a method specified in the
notice of approval, of a betting activity that the approved person
is authorised to conduct in the State, Territory or country
concerned.
(3) For the purposes of this Act, the processing of bets by an
approved person or a licensee in accordance with subsection (2)
Page 3
Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets)
Bill 2006
Schedule 1 Amendment of Totalizator Act 1997
is taken not to constitute, or involve, the conduct of a totalizator
or other betting activity in New South Wales.
(4) An approval under this section may be revoked at any time by
further notice published in the Gazette.
(5) The revocation of an approval does not affect any bet in the
course of being processed at the time of the revocation.
(6) In this section, bet includes a bet placed (or to be placed) with an
approved person otherwise than by way of a totalizator.
9B Processing in other jurisdictions of bets with New South Wales
licensees
(1) The Minister may, by notice published in the Gazette, nominate,
for the purposes of this section, any person who is authorised
under the law of another State or a Territory or another country
to conduct a betting activity (whether by means of a totalizator or
otherwise) in that State, Territory or country (a nominated
person).
(2) A licensee may, while a nomination is in force:
(a) arrange with the nominated person for the licensee to use
systems or technology (including a totalizator) of the
nominated person, or
(b) arrange for the nominated person, on behalf of the
licensee,
to process, in the nominated person's jurisdiction, bets placed (or
to be placed) with the licensee in the conduct of a betting activity
that the licensee is authorised to conduct.
(3) In taking action under subsection (2), a licensee is, for the
purposes of this Act:
(a) taken to be conducting a betting activity in New South
Wales, and
(b) taken to be conducting a totalizator in New South Wales in
respect of such of the bets processed under that subsection
as were (or are to be) placed with the licensee by way of a
totalizator.
(4) A nomination under this section may be revoked at any time by
further notice published in the Gazette.
(5) The revocation of a nomination does not affect any bet in the
course of being processed at the time of the revocation.
(6) In this section, bet includes a bet placed (or to be placed) with a
licensee otherwise than by way of a totalizator.
Page 4
Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets)
Bill 2006
Amendment of Totalizator Act 1997 Schedule 1
[3] Section 17A Trade Practices exemption
Insert after section 17A (1) (b):
(b1) conduct authorised by section 9A or 9B,
[4] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Totalizator Legislation Amendment (Inter-jurisdictional
Processing of Bets) Act 2006
Page 5
Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets)
Bill 2006
Schedule 2 Amendment of Unlawful Gambling Act 1998
Schedule 2 Amendment of Unlawful Gambling Act
1998
(Section 4)
[1] Section 7 Lawful forms of gambling
Insert after section 7 (a):
(a1) processing bets in accordance with section 9A or 9B of the
Totalizator Act 1997,
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
Totalizator Legislation Amendment (Inter-jurisdictional
Processing of Bets) Act 2006
Page 6
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