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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Wagering Legislation Amendment Bill
2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Racing Administration Act 1998 No 114 3
Schedule 2 Amendment of Unlawful Gambling Act 1998 No 113 8
Schedule 3 Amendment of Betting Tax Act 2001 No 43 11
Schedule 4 Amendment of other Acts 13
b2010-154-25.d09
New South Wales
Wagering Legislation Amendment Bill
2010
No , 2010
A Bill for
An Act to amend the Racing Administration Act 1998 to make further provision for
betting by bookmakers; to amend the Unlawful Gambling Act 1998 to prohibit
remote access betting facilities; to amend the Betting Tax Act 2001 to provide for
refunds in respect of certain betting tax paid by totalizator licensees; and for other
purposes.
Clause 1 Wagering Legislation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Wagering Legislation Amendment Act 2010. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Wagering Legislation Amendment Bill 2010
Amendment of Racing Administration Act 1998 No 114 Schedule 1
Schedule 1 Amendment of Racing Administration 1
Act 1998 No 114 2
[1] Section 4 Definitions 3
Omit the definitions of authorised sports betting bookmaker, Committee, 4
sports betting authority and sports betting event from section 4 (1). 5
Insert in alphabetical order: 6
authorised betting event bookmaker means a licensed 7
bookmaker who is authorised to take bets under section 19. 8
betting authority means an authority under section 19. 9
declared betting event means an event or class of event declared 10
by the Minister to be a declared betting event or class of declared 11
betting events under section 18. 12
[2] Sections 4 (1) (definition of "betting auditorium"), 8 (1) (a), 19 (1), 13
20 (1) (b) and (2) (a) and 26GC (2) (a) 14
Omit "sports betting events" wherever occurring. 15
Insert instead "declared betting events". 16
[3] Section 16 Authority to conduct telephone or electronic betting 17
Omit "at a time when it is lawful for betting to take place at the racecourse" 18
from section 16 (1). 19
Insert instead "or on premises approved under section 16A as premises at 20
which the bookmaker may conduct telephone or electronic betting". 21
[4] Sections 16 (8) and 22 (2) 22
Omit ", on the recommendation of the Committee," wherever occurring. 23
[5] Section 16 (9) 24
Omit the subsection. Insert instead: 25
(9) A bet made or accepted by a bookmaker by telephone or 26
electronically is taken to have been made or accepted at the place 27
where the bookmaker is located when the bet is made or 28
accepted. 29
Page 3
Wagering Legislation Amendment Bill 2010
Schedule 1 Amendment of Racing Administration Act 1998 No 114
[6] Section 16A 1
Insert after section 16: 2
16A Approved premises for conduct of telephone or electronic betting 3
(1) The controlling body that authorises a licensed bookmaker to 4
carry on bookmaking may approve premises in New South Wales 5
that are not on a licensed racecourse as premises at which the 6
bookmaker may conduct telephone or electronic betting pursuant 7
to an authority under section 16. 8
(2) An approval under this section is to be in writing and may be 9
given subject to conditions. An approval may be revoked by 10
notice in writing to the bookmaker. 11
(3) In addition to any other conditions to which an approval under 12
this section is subject, it is a condition of an approval that the 13
approved premises must not be open to, or available for use by, 14
the public or a section of the public. 15
(4) A condition of an approval under this section operates as a 16
condition to which the relevant authority under section 16 is 17
subject. 18
[7] Part 3, Division 2, heading 19
Omit the heading to the Division. Insert instead: 20
Division 2 Authorised betting event 21
[8] Section 18 22
Omit the section. Insert instead: 23
18 Declared betting events 24
(1) The Minister may, by order published in the Gazette, declare any 25
sporting event (other than horse racing, harness racing or 26
greyhound racing) or other event, or class of sporting or other 27
events, whether held in New South Wales or elsewhere, to be 28
declared betting events. 29
(2) In this section, event includes contingency. 30
[9] Sections 19 (2), 20 (1), 21 (1) and 22 (1) and (2) 31
Omit "sports betting authority" wherever occurring. 32
Insert instead "betting authority". 33
Page 4
Wagering Legislation Amendment Bill 2010
Amendment of Racing Administration Act 1998 No 114 Schedule 1
[10] Sections 19A, 20 (1) (c), 21 (1) and 22 (2) (a) 1
Omit "sports betting bookmaker" wherever occurring. 2
Insert instead "betting event bookmaker". 3
[11] Section 20 Conditions of authorisation 4
Omit "sports betting bookmakers" from section 20 (2) (e) and (f) wherever 5
occurring. 6
Insert instead "betting event bookmakers". 7
[12] Sections 21 (1) (a), 27 (definition of "betting information") and 8
30 (1) (a) (iii) and (c) 9
Omit "sports betting event" wherever occurring. 10
Insert instead "declared betting event". 11
[13] Sections 22 (2) (c) and 23 (1) 12
Omit "sports betting" wherever occurring. 13
Insert instead "declared betting event". 14
[14] Sections 26A26F 15
Omit the sections. 16
[15] Section 26I Inspection of records 17
Insert "or premises approved under section 16A" after "racecourse" in 18
section 26I (4). 19
[16] Section 26I (6) and (7) 20
Omit the subsections. Insert instead: 21
(6) A function conferred on an inspector may not be exercised unless 22
the inspector proposing to exercise the power is in possession of 23
and, if required to do so by the occupier of the premises, 24
produces: 25
(a) in the case of an inspector authorised by the Minister--an 26
identification card issued by the Minister, or 27
(b) in the case of an inspector authorised by a controlling 28
body--an identification card issued by the controlling 29
body. 30
Page 5
Wagering Legislation Amendment Bill 2010
Schedule 1 Amendment of Racing Administration Act 1998 No 114
(7) In this section: 1
inspector means: 2
(a) a person authorised in writing by the Minister either 3
generally or in a particular case to be an inspector under 4
this section, or 5
(b) a person designated by a controlling body to exercise the 6
functions of an inspector under this section, but only in 7
relation to the exercise of those functions with respect to 8
bookmakers authorised by the relevant controlling body to 9
carry on bookmaking. 10
[17] Schedule 1 Savings and transitional provisions 11
Insert at the end of clause 1 (1): 12
the Wagering Legislation Amendment Act 2010 13
[18] Schedule 1, Part 8 14
Insert after clause 13: 15
Part 8 Provisions consequent on enactment of 16
Wagering Legislation Amendment 17
Act 2010 18
14 Definition 19
In this Part: 20
2010 amending Act means the Wagering Legislation Amendment 21
Act 2010. 22
15 Existing sports betting events 23
A declaration of an event as a sports betting event that is in force 24
under section 18 immediately before the replacement of that 25
section by the 2010 amending Act is taken, after the replacement 26
of that section, to be a declaration of the event as a declared 27
betting event. 28
16 Existing sports betting authorities 29
(1) A sports betting authority in force under section 19 immediately 30
before the amendment of that section by the 2010 amending Act 31
is taken, after the amendment of that section, to have been issued 32
as a betting authority. 33
Page 6
Wagering Legislation Amendment Bill 2010
Amendment of Racing Administration Act 1998 No 114 Schedule 1
(2) The authorisation of a licensed bookmaker to take bets on sports 1
betting events is taken, after that amendment, to be an 2
authorisation to take bets on declared betting events. 3
17 Dissolution of the Bookmakers Revision Committee 4
The Bookmakers Revision Committee is dissolved. 5
Page 7
Wagering Legislation Amendment Bill 2010
Schedule 2 Amendment of Unlawful Gambling Act 1998 No 113
Schedule 2 Amendment of Unlawful Gambling Act 1
1998 No 113 2
[1] Section 8 Offences relating to unlawful betting 3
Omit "sports betting event" from section 8 (1) (b) and (6) (b), (c), (e) and (f) 4
wherever occurring. 5
Insert instead "declared betting event". 6
[2] Section 8 (6) (c) 7
Omit "sports betting bookmaker". Insert instead "betting event bookmaker". 8
[3] Section 8 (6) (c) 9
Omit "sports betting authority". Insert instead "betting authority". 10
[4] Section 8 (6) (d) 11
Omit "carried on by". Insert instead "made with or accepted by". 12
[5] Section 8 (6) (d1) 13
Insert after section 8 (6) (d): 14
(d1) betting on any event or contingency if the betting is made 15
by telephone or electronically with a person who is 16
authorised under the law of any other State or Territory, or 17
any other jurisdiction, to carry on bookmaking activities, 18
[6] Section 8 (7) 19
Omit the subsection. Insert instead: 20
(7) In this section, authorised betting auditorium, authorised 21
betting event bookmaker, betting authority, controlling body 22
and declared betting event have the same meanings as in the 23
Racing Administration Act 1998. 24
[7] Section 9 Offence of unlawful bookmaking 25
Omit section 9 (2). Insert instead: 26
(2) A person who is a licensed bookmaker must not carry on 27
bookmaking except: 28
(a) at a licensed racecourse when it is lawful for betting to take 29
place at the racecourse, or 30
Page 8
Wagering Legislation Amendment Bill 2010
Amendment of Unlawful Gambling Act 1998 No 113 Schedule 2
(b) as permitted under section 16 (Authority to conduct 1
telephone or electronic betting) of the Racing 2
Administration Act 1998. 3
Maximum penalty: 4
(a) for a first offence, 200 penalty units (in the case of an 5
offence committed by a corporation) or 100 penalty units 6
or imprisonment for 2 years or both (in the case of an 7
offence committed by an individual), or 8
(b) for a second or subsequent offence, 1,000 penalty units (in 9
the case of an offence committed by a corporation) or 10
500 penalty units or imprisonment for 2 years or both (in 11
the case of an offence committed by an individual). 12
[8] Section 11A 13
Insert after section 11: 14
11A Offence of providing remote access betting facilities 15
(1) A person must not make a remote access betting facility available 16
in a public place for use by persons frequenting that place. 17
Maximum penalty: 18
(a) for a first offence, 200 penalty units (in the case of an 19
offence committed by a corporation) or 100 penalty units 20
or imprisonment for 2 years or both (in the case of an 21
offence committed by an individual), or 22
(b) for a second or subsequent offence, 1,000 penalty units (in 23
the case of an offence committed by a corporation) or 24
500 penalty units or imprisonment for 2 years or both (in 25
the case of an offence committed by an individual). 26
(2) This section does not apply to a remote access betting facility 27
used for betting or facilitating betting on a totalizator or betting 28
activity conducted under the authority of a licence or approval 29
under the Totalizator Act 1997. 30
(3) In this section: 31
public place means a place that the public, or a section of the 32
public, is entitled to use or that is open to, or is being used by, the 33
public or a section of the public (whether on payment of money, 34
by virtue of membership of a club or other body, or otherwise) 35
and, without limitation, includes the premises of a registered club 36
under the Registered Clubs Act 1976 and licensed premises under 37
the Liquor Act 2007. 38
remote access betting facility means any device (such as a 39
computer terminal or telephone) that is for use primarily or 40
Page 9
Wagering Legislation Amendment Bill 2010
Schedule 2 Amendment of Unlawful Gambling Act 1998 No 113
exclusively for betting on any event or contingency or for 1
facilitating betting on any event or contingency. 2
[9] Section 49 3
Omit the section. Insert instead: 4
49 Evidentiary provisions relating to betting 5
In any proceedings for an offence under this Act, any allegation 6
in the information in respect of the offence that a bookmaker 7
accepted bets on an event on a date specified in the information 8
and that the event was not an event declared by the Minister to be 9
a declared betting event under section 18 of the Racing 10
Administration Act 1998 is evidence of the truth of the allegation 11
concerned unless the contrary is proved. 12
[10] Schedule 1 Savings and transitional provisions 13
Insert at the end of clause 1 (1): 14
Wagering Legislation Amendment Act 2010 15
[11] Schedule 1, Part 3 16
Insert after clause 2: 17
Part 3 Provision consequent on enactment of 18
Wagering Legislation Amendment 19
Act 2010 20
3 Evidentiary provisions relating to declared betting events 21
In relation to proceedings for an offence that is alleged to have 22
been committed before the substitution of section 49 by the 23
Wagering Legislation Amendment Act 2010, that section 24
continues to apply as if it had not been substituted. 25
Page 10
Wagering Legislation Amendment Bill 2010
Amendment of Betting Tax Act 2001 No 43 Schedule 3
Schedule 3 Amendment of Betting Tax Act 2001 1
No 43 2
[1] Section 11 3
Insert before section 12: 4
11 Refund of tax to totalizator licensee 5
(1) A totalizator licensee is entitled to a refund of the betting tax paid 6
by the licensee in an amount equal to 9.11% of the commission 7
deducted (under section 69 of the Totalizator Act 1997) from the 8
total amount invested by eligible investors in totalizators 9
conducted by the licensee during a financial year. 10
(2) The Minister may reduce any refund (the full refund) that a 11
licensee is entitled to under this section by: 12
(a) any amount determined by the Minister to be the shortfall 13
in rebates paid to eligible investors, being the amount by 14
which the total of the benefits and rebates (other than 15
dividends) paid by the licensee to eligible investors during 16
the financial year concerned is less than the amount of the 17
full refund, and 18
(b) any amount determined by the Minister to be the shortfall 19
in minimum betting tax receipts from the licensee, being 20
the amount by which the total betting tax paid by the 21
licensee on commissions deducted from the total amount 22
invested by eligible investors in totalizators conducted by 23
the licensee during the financial year concerned would be 24
less than $11 million if the full refund were to be paid to 25
the licensee. 26
(3) A totalizator licensee is not entitled to a refund under this section 27
unless, after the end of a financial year, the licensee: 28
(a) makes an application in the form approved by the Minister, 29
and 30
(b) provides the Minister with such information as the 31
Minister may request as to the benefits or rebates (not 32
including dividends) paid by the licensee to eligible 33
investors (if any). 34
(4) A refund to which a totalizator licensee is entitled under this 35
section is to be paid at such time after the end of the financial year 36
as the Minister considers appropriate. 37
Page 11
Wagering Legislation Amendment Bill 2010
Schedule 3 Amendment of Betting Tax Act 2001 No 43
(5) For the purposes of this section, an investor is an eligible investor 1
in respect of a financial year if the investor had a betting account 2
with the licensee during the financial year, and: 3
(a) was resident outside Australia for not less than 11 months 4
of the financial year, or 5
(b) invested, from that account, a total of not less than 6
$3 million in totalizators conducted by the licensee during 7
the financial year. 8
(6) This section applies only in respect of the financial years ending 9
on 30 June 2011 and 30 June 2012 and any later financial year 10
prescribed by the regulations. 11
[2] Schedule 4 Savings and transitional provisions 12
Insert at the end of clause 1 (1): 13
Wagering Legislation Amendment Act 2010 14
[3] Schedule 4, Division 4 15
Insert after clause 7: 16
Division 4 Provisions consequent on enactment of 17
Wagering Legislation Amendment Act 2010 18
8 Transitional arrangement for betting tax refunds 19
The following provisions apply to the calculation of a refund of 20
betting tax under section 11 in relation to the financial year 21
ending 30 June 2011: 22
(a) the refund applies only to tax paid in respect of a totalizator 23
conducted on or after the commencement of section 11, 24
(b) the total of the benefits and rebates paid by the licensee 25
does not include benefits and rebates paid before the 26
commencement of section 11, 27
(c) the amount of $11 million used in the calculation of the 28
shortfall in minimum betting tax receipts (referred to in 29
section 11 (2)) is to be reduced in proportion to the reduced 30
number of days remaining in the financial year after the 31
commencement of section 11, 32
(d) the total investments of an eligible investor during the 33
financial year include investments made before the 34
commencement of section 11. 35
Page 12
Wagering Legislation Amendment Bill 2010
Amendment of other Acts Schedule 4
Schedule 4 Amendment of other Acts 1
4.1 Greyhound Racing Act 2009 No 19 2
[1] Section 19 Registration of bookmakers 3
Omit "authorised sports betting bookmaker" from section 19 (5) (b). 4
Insert instead "authorised betting event bookmaker". 5
[2] Section 19 (9), definition of "authorised sports betting bookmaker" 6
Omit the definition. Insert instead: 7
authorised betting event bookmaker has the same meaning as in 8
section 4 of the Racing Administration Act 1998. 9
4.2 Harness Racing Act 2009 No 20 10
[1] Section 19 Registration of bookmakers 11
Omit "authorised sports betting bookmaker" from section 19 (5) (b). 12
Insert instead "authorised betting event bookmaker". 13
[2] Section 19 (9), definition of "authorised sports betting bookmaker" 14
Omit the definition. Insert instead: 15
authorised betting event bookmaker has the same meaning as in 16
section 4 of the Racing Administration Act 1998. 17
4.3 Thoroughbred Racing Act 1996 No 37 18
[1] Section 14A Licensing of bookmakers 19
Omit "authorised sports betting bookmaker" from section 14A (4) (c) (ii). 20
Insert instead "authorised betting event bookmaker". 21
[2] Section 14A (9), definition of "authorised sports betting bookmaker" 22
Omit the definition. Insert instead: 23
authorised betting event bookmaker has the same meaning as in 24
section 4 of the Racing Administration Act 1998. 25
4.4 Totalizator Act 1997 No 45 26
[1] Section 6 Meaning of "totalizator" 27
Omit "sporting" from the note to the section. 28
Page 13
Wagering Legislation Amendment Bill 2010
Schedule 4 Amendment of other Acts
[2] Section 12 Licences may be granted to conduct totalizators of various 1
kinds 2
Omit section 12 (1) (b). Insert instead: 3
(b) any declared betting event (within the meaning of the 4
Racing Administration Act 1998). 5
[3] Section 13 Licensee can be approved to conduct other betting activities 6
Omit section 13 (2) (b). Insert instead: 7
(b) any declared betting event (within the meaning of the 8
Racing Administration Act 1998). 9
[4] Section 14 TAB entitled to exclusive off-course totalizator licence 10
Omit section 14 (1) (b). Insert instead: 11
(b) any declared betting event (within the meaning of the 12
Racing Administration Act 1998). 13
[5] Section 15 TAB and racing clubs entitled to exclusive on-course 14
totalizator licences 15
Omit section 15 (1) (b). Insert instead: 16
(b) any declared betting event (within the meaning of the 17
Racing Administration Act 1998). 18
[6] Schedule 2 Savings, transitional and other provisions 19
Insert at the end of clause 1 (1): 20
Wagering Legislation Amendment Act 2010 21
Page 14
Wagering Legislation Amendment Bill 2010
Amendment of other Acts Schedule 4
[7] Schedule 2, Part 6 1
Insert after clause 20: 2
Part 6 Provision consequent on enactment of 3
Wagering Legislation Amendment 4
Act 2010 5
21 Existing licences to apply to declared betting events 6
A licence granted under this Act that authorises a licensee to 7
conduct a totalizator or a betting activity (otherwise than by 8
means of a totalizator) in respect of sports betting events under 9
the Racing Administration Act 1998 is taken to authorise the 10
licensee to conduct a totalizator or other betting activity in 11
respect of declared betting events under that Act. 12
Page 15
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