New South Wales Bills Explanatory Notes

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TOTALIZATOR (OFF-COURSE BETTING) AMENDMENT BILL 1990

Act No. 4 of 1990

TOTALIZATOR (OFF- COURSE BETTING) AMENDMENT BILL

1990

NEW SOUTH WALES
EXPLANATORY NOTE

(This Explanatory Note relates to this Bill as introduced into Parliament)

This Bill is cognate with the Totalizator (Amendment) Bill 1990.

The object of this Bill is to amend the Totalizator (Off-course Betting) Act 1964
so as:

(a) to make similar amendments to the rate of commission, and the
disbursement of commission, deducted from superfecta totalizator betting
operated separately by the Totalizator Agency Board in special
circumstances as are proposed to be made under the Totalizator
(Amendment) Act 1990 in respect of on-course superfecta totalizator
betting and ordinary off-course superfecta totalizator betting; and
(b) to authorise the Totalizator Agency Board to establish offices, branches or
agencies at places outside New South Wales; and
(c) to amend the provisions that apply to the transmission to the appropriate
club conducting a totalizator of off-course investments received by the
Totalizator Agency Board in respect of ordinary off-course totalizator
betting (being betting in which the Board receives investments as the agent
of the club conducting the race-meeting to which the totalizator betting
applies).

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 (Off-course Betting) Act 1964.


SCHEDULE 1 - AMENDMENTS RELATING TO SUPERFECTA

TOTALIZATOR

Schedule 1 (1) inserts new definitions of "Racing Assistance Fund" and
"Superfecta totalizator".

Schedule 1 (2) makes the amendments referred to in paragraph (a) above.

SCHEDULE 2 - MISCELLANEOUS AMENDMENTS

Schedule 2 (1) inserts proposed section 10A which authorises the Totalizator
Agency Board to establish offices, branches or agencies at a place outside New South
Wales (including any place outside Australia). The Board is not authorised to
conduct a separate totalizator for totalizator betting at any such office, branch or
agency. The Minister may enter into an agreement with the government of the place
at which the office, branch or agency is established to regulate the distribution of the
amounts paid as commission from totalizator betting at any such office, branch or
agency and other matters relating to the conduct of off-course totalizator betting.

Schedule 2 (2) (a) and (b) amend section 12 of the Principal Act. The amended
section contains the provisions that apply to off-course investments received by the
Board in respect of events held either within or outside Australia. For events within
New South Wales, the Board is an agent for the club using a totalizator for that event.

In relation to events outside the State the Board is an agent for a club within the State
using a totalizator for that event. The amendments make it clear that if 2 or more
clubs are using such a totalizator the Board is to determine for which club it is the
agent. As an alternative, the Board may, in respect of particular events, receive bets
as an agent for an authority conducting off-course totalizator betting in another State
or a Commonwealth Territory. The amendments make it clear that this alternative
is not discretionary but requires Ministerial approval. The amendments do not affect
the power of the Board, in special circumstances approved by the Minister, to
conduct its own totalizator for any event instead of as agent for a club.

Schedule 2 (2) (c) omits spent provisions in section 12 relating to the conduct of
off-course betting by the Board on behalf of the Australian Capital Territory.

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