TOTALIZATOR ACT 1997 - As at 13 January 2023 - Act 45 of 1997

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Application of Act
• 5 Definitions
• 6 Meaning of "totalizator"
• 6A Controlling bodies
• 6B Major racing bodies

PART 2 - CONDUCT OF TOTALIZATORS

• 7 Conduct of totalizator by licensee not unlawful
• 8 Contracts or agreements relating to totalizator betting enforceable
• 9 Unlawful conduct of totalizator
• 9A Processing in New South Wales of bets with conductors of betting activities in other jurisdictions
• 9B Processing in other jurisdictions of bets with New South Wales licensees
• 10 Exculpation of certain persons from certain offences

PART 3 - LICENCES TO CONDUCT TOTALIZATORS

Division 1 - General

• 11 Meaning of "exclusivity period"
• 12 Licences may be granted to conduct totalizators of various kinds
• 13 Licensee can be approved to conduct other betting activities
• 14 TAB entitled to exclusive off-course totalizator licence
• 15 TAB and racing clubs entitled to exclusive on-course totalizator licences
• 15AA Only TAB Limited entitled to exclusive approval for betting activity involving computer simulated racing events
• 15A Consideration and fees for licences
• 16 Eligibility for further licence
• 17 Requirements for conduct of on-course totalizators by racing clubs
• 17AA Extension of exclusivity period by agreement
• 17A Competition authorisations

Division 2 - Applications for and grant of licences

• 18 Application for licence
• 19 Restriction on maximum shareholding in applicant
• 20 Licensee not to be associated with casino and other activities
• 21 Suitability of applicant and close associates of applicant
• 21A Commercial arrangements with the racing industry
• 22 Meaning of "close associate"
• 23 Investigation of application
• 24 Minister may require further information etc
• 25 Cost of investigations to be paid by applicant
• 26 Updating of applications
• 27 Grant of licence
• 28 Term of licence
• 29 No proprietary right in licence

Division 3 - Maximum shareholding restrictions on licensees

• 30 Division applies only to companies
• 30A References to Corporations Law in this Division
• 31 Definitions
• 32 Application of Division
• 32A Exemption for nominated company
• 33 Prohibited shareholding interest
• 34 Power to require information relating to entitlement to shares in licensee
• 35 Substantial shareholders to give notice to Minister
• 36 Disposal, forfeiture etc of shares where prohibited shareholding interest
• 37 Effect of prohibited shareholding on voting and dividend rights
• 38 Making, review and revocation of declarations by Minister
• 39 Appeal against declarations of Minister
• 40 Sale of forfeited shares
• 41 Immunity of Minister and licensees, officers and auditors
• 42 Service
• 42A Excluded matters for the purposes of the Corporations Act 2001 of the Commonwealth

Division 4 - Conditions of licences

• 43 Conditions of licences
• 43A Additional conditions of TAB Limited licences
• 44 Amendment of conditions of licence

Division 5 - Disciplinary and other actions concerning licences

• 45 General investigations
• 46 Injunctions to prevent contraventions etc
• 47 Disciplinary action against licensee
• 48 Rectification order as alternative to disciplinary action
• 49 Temporary suspension of licence
• 50 Completion of totalizator following cancellation, revocation or suspension of licence
• 51 Surrender of licence
• 52 Appointment of temporary licensee if licence suspended, cancelled, surrendered or revoked

PART 4 - RULES FOR CONDUCT OF TOTALIZATORS

• 53 Making of rules
• 54 Approval and publication of rules
• 55 Display of rules
• 56 Rules inconsistent with Act
• 57 Compliance with rules
• 58 Transitional provision--TAB to make rules while it holds exclusive licence

PART 5 - SUPERVISION OF CONDUCT OF TOTALIZATORS

Division 1 - Provision of information to Minister

• 59 Licensees and contractors to inform Minister of changed circumstances
• 60 Minister may require information relating to licensees and contractors
• 61 Minister may require person to provide particulars concerning key employees
• 62 Minister may require key employees to provide information
• 63 Failure of key employee to provide required information
• 64 Power to terminate employment of key employee at Minister's direction
• 65 Destruction of fingerprints and palm prints of former key employees

Division 2 - Directions by Minister

• 66 Prejudice to integrity of totalizator
• 67 Minister may direct licensee to terminate certain contractual arrangements
• 68 Prejudice to integrity of totalizator involving key employee

PART 6 - FINANCIAL PROVISIONS

• 69 Commission on totalizator betting
• 70 Payment of tax reduction amount
70A, 70B. (Repealed)
• 71 Tax not payable on funds held for participating jurisdictions
72-74. (Repealed)
• 75 Unclaimed dividends, refunds and roundings
• 76 Other unclaimed money
77, 78. (Repealed)

PART 7 - OFFENCES AND OTHER PROVISIONS RELATING TO TOTALIZATORS

• 79 Interpretation
• 79A Inducements
• 80 Prohibitions on totalizator advertisements
• 80A Totalizator advertisements during sporting fixtures
• 80AA Prohibition on direct marketing
• 80B Gambling inducements
• 81 Credit betting prohibited
• 82 Bet not to be accepted from minor
• 83 Person not to bet on a totalizator on behalf of minor
• 84 Minor not to bet on totalizator
• 85 Minors not to be detained
• 86 Offences in respect of bets, tickets etc
• 87 Offence of unauthorised use of betting accounts
• 88 Laying totalizator odds or dealing in totalizator tickets an offence
• 89 Restrictions on transmission of bets
• 90 Person not to invest on totalizator after finish of race

PART 8 - MINISTER'S INVESTIGATION POWERS

• 91 Investigations

PART 8A - INVESTIGATION AND ENFORCEMENT POWERS GENERALLY

• 91A Definitions
• 91B Purposes for which powers under this Part may be exercised
• 91C Appointment and identification of inspectors
• 91D Powers of inspectors
• 91E Application of GALA Act
92-98. (Repealed)
• 99 (Renumbered)

PART 8B - PROCEEDINGS FOR OFFENCES

• 100 Proceedings for offences
• 100A Penalty notices
• 101 Time within which proceedings may be commenced
• 102 Persons who may bring proceedings
• 103 Offences by corporations
• 103A Remedial orders

PART 9 - MISCELLANEOUS

• 103B Keeping and retention of records by licensee
• 104 Act binds Crown
• 105 Secrecy
• 106 Appeals
• 107 No right to compensation for cancellation etc
• 108 Arrangements for supply of Police records
• 109 Disclosure of spent convictions
• 110 Destruction of fingerprints etc
• 111 Records not kept in writing
• 112 False or misleading information
• 113 Forgery etc
• 114 Forfeiture of offending articles
• 115 Delegation
• 116 Service of documents
• 117 Regulations
• 117A Responsible conduct of totalizators, totalizator betting and other betting activities
• 117B Minister may direct changes to racing agreement
• 117C Compensation for loss of entitlement to revenue
• 118 Repeals
119. (Repealed)
• 120 Savings, transitional and other provisions
• 121 Review of Act
Schedule 1 (Repealed)
• SCHEDULE 2