New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 38)
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:this Actthe Unlawful Gambling Act 1998the Racing and Totalizator Legislation Amendment Act 2000the Betting Tax Act 2001the Racing Legislation Amendment (Bookmakers) Act 2002the State Revenue Legislation Amendment (Budget) Act 2002the Racing Legislation Amendment Act 2006the Racing Administration Amendment Act 2008the Wagering Legislation Amendment Act 2010
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In this Part:
"new Act" means the Unlawful Gambling Act 1998 .
"repealed Act" means the Gaming and Betting Act 1912 .
A racecourse licence issued under Part 4 of the repealed Act in respect of a racecourse, and in force immediately before the repeal of that Act by the new Act, is taken to be a racecourse licence under this Act, and any body holding any such existing licence is taken to be authorised to hold the racecourse licence under this Act.
(1) An authorisation under section 6C of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be an authorisation under section 16 of this Act but only to the extent that it authorises the licensed bookmaker concerned to accept or make bets by telephone.
(2) An order made under section 6C (6) of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be an order made under section 16 (6) of this Act.
(3) An order made under section 57EA of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be an order made under section 18 of this Act.
(4) A sports betting authority given under section 57EB of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be a sports betting authority given under section 19 of this Act.
(5) An authorisation under section 57EG of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be an authorisation under section 24 of this Act.
A licence, certificate of registration or permit authorising a person to carry on business as a bookmaker at a racecourse under a provision repealed by the Betting Tax Act 2001 is taken to be a licence, certificate of registration or permit issued under section 26A (3) of this Act.
An authority in force under section 27 of the Bookmakers (Taxation) Act 1917 immediately before its repeal by the Betting Tax Act 2001 is taken to be an authority issued under section 26B of this Act.
The repeal and re-enactment of section 35 of the Bookmakers (Taxation) Act 1917 by the Betting Tax Act 2001 does not affect the office of a person appointed under that section as a representative of country racing associations.
A State bookmakers tax authority in force immediately before the commencement of Schedule 5 [1] to the State Revenue Legislation Amendment (Budget) Act 2002 is taken to be a State bookmakers authority issued under section 26D.
In this Part:
"amending Act" means the Racing Legislation Amendment Act 2006 .
(1) Section 33 (as substituted by the amending Act) applies to acts or omissions that occur on or after the day on which the provision of the amending Act that substitutes the section commences.
(2) However, an offence against section 33 (as in force at any time before its substitution by the amending Act) may be taken into account in deciding whether an offence against section 33 (as substituted by the amending Act) is a second or subsequent offence against the substituted section for the purposes of determining the penalty for the offence.
In this Part:
"amending Act" means the Racing Administration Amendment Act 2008 .
(1) A race field publication approval in force immediately before the commencement of the amending Act is taken, with all necessary modifications but subject to the regulations, to be a race field information use approval.
(2) Without limiting subclause (1), such a race field publication approval that authorises a person to publish a NSW race field in respect of a specified race or class of races is taken to authorise the person to use NSW race field information in respect of that race or class of races.
An approval given for the purposes of section 15 (1) by the Greyhound and Harness Racing Regulatory Authority constituted under the Greyhound and Harness Racing Administration Act 2004 before its dissolution is taken to have been given by Harness Racing New South Wales under that subsection.
In this Part:
"2010 amending Act" means the Wagering Legislation Amendment Act 2010 .
A declaration of an event as a sports betting event that is in force under section 18 immediately before the replacement of that section by the 2010 amending Act is taken, after the replacement of that section, to be a declaration of the event as a declared betting event.
(1) A sports betting authority in force under section 19 immediately before the amendment of that section by the 2010 amending Act is taken, after the amendment of that section, to have been issued as a betting authority.
(2) The authorisation of a licensed bookmaker to take bets on sports betting events is taken, after that amendment, to be an authorisation to take bets on declared betting events.
The Bookmakers Revision Committee is dissolved.