New South Wales Bills Explanatory Notes New South Wales Bills Explanatory Notes[Index] [Search] [Download] [Bill] [Help]
TOTALIZATOR (AMENDMENT) BILL 1990
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The Totalizator (Off-course Betting) Amendment Bill 1990 is cognate with this
Bill.
The object of this Bill is to amend the Totalizator Act 1916 so as:
(a) to increase the rate of commission that is deducted from superfecta
totalizators from 17% to 20%; and
(b) to vary the disbursement of the commission that is deducted from superfecta
totalizators and, in particular, to increase the commission payable to the
club conducting the totalizator, to reduce the commission payable to the
Consolidated Fund and to provide for the payment of commission into a
Racing Assistance Fund; and
(c)
to provide financial assistance from the proposed Racing Assistance Fund
for a club conducting a totalizator at Harold Park or Wentworth Park
racecourse, for all clubs in connection with the costs incurred in controlling
raw-meetings, and for scientific research into racing animals; and
(d) to enable racing clubs holding race-meetings to make use of the totalizator
facilities of other racing clubs; and
(c) to prevent imprisonment or detention of persons under the age of 16 years
who fail to pay a monetary penalty imposed for under-age totalizator
betting.
Clause 1 specifies the short title of the proposed Act.
Clause 2 provides that the proposed Act is to commence on a day or days to be
appointed by proclamation.
Clause 3 is a formal provision that gives effect to the Schedules of amendments
to the Totalizator Act 1916.
Totalizator (Amendment) 1990
SCHEDULE 1 - AMENDMENTS RELATING TO SUPERFECTA TOTALIZATORS
The amendments contained in Schedule 1 remove superfecta totalizators from the
general category of multiple selection totalizators and insert specific provisions
relating to superfecta totalizators. Superfecta totalizators are defined in the rules
under the Principal Act. Generally speaking, persons betting on such a totalizator
arc required to select the first 6 placegetters in a race in the correct finishing order.
Schedule 1 (1) inserts new definitions of "Racing Assistance Fund" and
"Superfecta totalizator".
Schedule 1 (2) and (4) provide for changes in the rate of commission deducted
from superfecta totalizators and in the disbursement of that commission. Schedule
1 (2) amends section 8 of the Principal Act (which is the general provision) and
Schedule 1 (4) amends section 10 (which relates to totalizators under the control of
the Minister because of prior mismanagement). The effect of the amendments is as
follows:
Commission in respect of off-course superfecta totalizators
* 5.5% credited to the Consolidated Fund [instead of 8%]
* 6% credited to the Racing Assistance Fund [instead of 0.5% to the
Racecourse Development Fund]
8.5% retained by the Totalizator Agency Board [no change]
* Total 20% [instead of 17%]
Commission in respect of on-course superfecta totalizators
* 5.5% credited to the Consolidated Fund [instead of 9.5%]
4.5% credited to the Racing Assistance Fund [instead of 0.5% to the
Racecourse Development Fund]
10% retained by the club conducting the totalizator [instead of 4%]
Total 20% [instead of 17%]
Schedule 1 (3) exempts superfecta totalizators from section 8A of the Principal
Act. Under that section the rate of commission for totalizator betting at racecourses
outside the metropolitan area is varied so as to reduce the commission payable to
the Consolidated Fund and to increase the commission payable to the club
concerned. As a result of the amendment made by Schedule 1 (3) the rate of
commission is to be the same irrespective of the location of the racecourse at which
the superfecta totalizator betting is conducted.
Schedule 1 (5) and (6) provide for the establishment of the Racing Assistance
Fund and for the credit to that Fund of the commissions as directed in the proposed
amendments to sections 8 and 10 of the Principal Act and section 13A of the
Totalizator (Off-course Betting) Act 1964 (which relates to totalizator betting
operated separately by the Totalizator Agency Board instead of as agent for the club
concerned). Payments may be made from the Fund:
(a)
firstly, as rebates to clubs conducting totalizators at race-meetings at Harold
Park or Wentworth Park racecourse (the rebates are to be equal to the
additional commission that would be payable to those clubs for totalizator
2
SCHEDULE 2 - MISCELLANEOUS AMENDMENTS
Schedule 2 (1) enables a racing club holding a race-meeting to make use of the
totalizator facilities of another racing club. In such circumstances, the club holding
the race-meeting is taken to be using the totalizator in relation to that race-meeting.
The totalizator facilities may be used even if a race-meeting is not being held on that
day on the other club's race-course.
Schedule 2 (2) prevents the imprisonment or detention of persons under the age
of 16 years who fail to pay a monetary penalty imposed for under-age totalizator
betting. The amendment is in line with section 10A of the Gaming and Betting Act
1912 which applies a similar provision to under-age betting with bookmakers. On
conviction, the
will have available the sentencing options under section 33 of
the Children (Criminal Proceedings) Act 1987 which include a caution, a
recognizance, release on probation and community service work.
3