BETTING AND RACING ACT 1998 - As at 13 January 2023 - Act 114 of 1998

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions

PART 2 - RACECOURSES

Division 1 - Licensing of racecourses

• 5 Requirement for racecourses to be licensed
• 6 Application for racecourse licence
• 7 Issue and classes of racecourse licence
• 8 Conditions of racecourse licence
• 9 Duration and cancellation of racecourse licence
• 10 Limitation on number of licences approved bodies can hold
• 11 Provisions relating to inspection of records

Division 2 - Other provisions relating to racecourses

• 12 Days on which race meetings are prohibited
• 13 Certain persons prohibited from entering racecourses
• 14 Punters' clubs
• 15 Harness racing on showgrounds

Division 3 - Exclusion of persons from racecourses

• 15A Definitions
• 15B Commissioner of Police may exclude person from racecourses
• 15C Entering racecourse in breach of an exclusion order
• 15D Right to seek administrative review from Civil and Administrative Tribunal

PART 3 - AUTHORISATION OF CERTAIN BETTING ACTIVITIES

Division 1 - Authorised telephone or electronic betting

• 16 Authority to conduct telephone or electronic betting
• 16A Approved premises for conduct of telephone or electronic betting
• 17 Offence of conducting unauthorised telephone or electronic betting

Division 2 - Declared betting events

• 17A Definitions
• 17B Sports controlling body
• 18 Prescription of events as declared betting events
• 18A Prescription of sporting events with sports controlling body
• 18B Prescription of sporting events without sports controlling body
• 18C Certain sports betting services prohibited
• 18D Rules for declared betting events

Division 2A - Declared betting event authorities

• 19 Declared betting event authority
• 20 Conditions of declared betting event authority
• 21 Conditions relating to records
• 22 Duration and cancellation of declared betting event authority
• 23 (Renumbered)

Division 3 - Authorised betting auditoriums

• 24 Authorisation of betting auditoriums
• 25 Conditions of authorisation
• 26 Duration and cancellation of authorisation

PART 3A - RETURNS AND RECORDS

• 26G Returns by racing controlling bodies
• 26GA Returns by racing clubs
• 26GB Returns by bookmakers
• 26GC Bookmakers to keep records
• 26GD Accuracy of bookmakers records
• 26H Minister may furnish information
• 26I Inspection of records

PART 4 - BETTING INFORMATION AND ADVERTISING

Division 1 - Interpretation

• 27 Definitions
28. (Repealed)

Division 2 - General offences

• 29 Publication of betting information
• 30 Advertising betting information and betting services
• 31 Premises used for publishing betting information or betting services
32. (Repealed)

Division 3 - Use of NSW race field information

• 32A Meaning of "use NSW race field information"
• 33 Use of NSW race field information restricted
• 33A Relevant racing control body may grant race field information use approvals
• 33B Applications for race field information use approvals
• 33C Authorisations for section 51 of the Competition and Consumer Act 2010 of the Commonwealth
• 33D Appeals to Minister
• 33E Administrative review by Civil and Administrative Tribunal of Minister's decision on appeal
• 33F Effect of race field information use approval limited

PART 4A - RESPONSIBLE GAMBLING

Division 1 - Preliminary

• 33G Interpretation
• 33GA Inducements

Division 2 - Advertising and inducements

• 33H Prohibitions on gambling-related advertisements
• 33HA Prohibition on direct marketing
• 33I Gambling-related advertisements during sporting fixtures
• 33J Gambling inducements
• 33JA Prohibited inducements

Division 3 - Betting accounts

• 33JB Deposit limits for betting accounts
• 33JC Closing betting accounts
• 33JD Privacy of betting accounts
• 33JE Records about betting account
• 33JF Betting account activity statements
• 33JG Offence

Division 4 - Responsible gambling training

• 33JH Definition
• 33JI Provision of training
• 33JJ Records about training
• 33JK Offence

PART 4B - INVESTIGATION AND ENFORCEMENT POWERS

• 33K Definitions
• 33L Purposes for which powers under this Part may be exercised
• 33M Appointment and identification of inspectors
• 33N Powers of inspectors
• 33O Application of GALA Act

PART 5 - MISCELLANEOUS

• 34 Delegation
• 35 Proceedings for offences
• 35AA Penalty notices
• 35A Remedial orders
• 36 Evidence
• 36A Disclosure of information
• 36AA Liability of directors etc for offences by corporation--offences attracting executive liability
• 36B Liability of directors etc for offences by corporation--accessory to the commission of the offences
• 36BA Evidence as to state of mind of corporation
• 36C Giving of notices and other documents
• 37 Regulations
• 38 Savings and transitional provisions
• 39 Review of Act
• 40 Certificate evidence
• SCHEDULE 1