New South Wales Consolidated Acts

TOTALIZATOR ACT 1997 - SECT 43

43 Conditions of licences

(1) The conditions of a licence may include (in addition to any other conditions referred to in this Act) conditions relating to the following:

(a) the appointment of, and the making of probity checks in respect of, contractors,

(b) the contents of the rules for a totalizator,

(c) the display, by the licensee and the licensee’s agents, of the rules and of other information relating to the conduct of a totalizator,

(d) the form and manner of making bets on a totalizator, including the making of bets by post or telephone or by the use of other means of communication,

(e) requiring the payment of minimum dividends in respect of events or contingencies,

(f) the adjustment of profits or losses accruing to a licensee as a result of an error in the calculation or determination of dividends,

(g) the provision by the licensee of a bond or other financial guarantee to ensure payment of any tax, in respect of a totalizator, required to be paid under the Betting Tax Act 2001 ,

(h) the furnishing of information, whether in the form of statements, returns or otherwise, by the licensee to the Minister relating to the conduct of a totalizator,

(i) the time or times at which, and the form in which, the information must be furnished to the Minister,

(j) the giving to the Minister of monitoring access to the licensee’s computer system (including real-time access),

(k) the auditing of the financial records of the licensee relating to the conduct of a totalizator,

(l) the security requirements in respect of a totalizator,

(m) the approval by the Minister of any device, equipment or computer software that is used in connection with the conduct of a totalizator or that otherwise affects the conduct of a totalizator, and the approval by the Minister of persons engaged in the design, construction, creation, operation, repair or maintenance of any such device, equipment or computer software,

(n) the approval by the Minister of the installation and location of facilities (such as ATMs and EFTPOS) for the withdrawal or transfer of money from bank and similar accounts at places where investments on a totalizator can be made,

(o) any other matters that the Minister thinks fit.

(2) Every licence (other than a licence that authorises a racing club to operate an on-course totalizator) is subject to a condition that the licensee must have in place and must give effect to commercial arrangements with the racing industry in respect of the licence and the conduct of activities authorised by the licence, being arrangements that the racing industry has acknowledged in writing to the Minister are to the satisfaction of the racing industry.

(2A) For the purposes of subsection (2), "the racing industry" comprises such one or more persons as the controlling bodies and major racing bodies nominated under section 21A for the purposes of the licence concerned. That nomination may be changed for the purposes of this section by fresh nomination in writing to the Minister, but only if the licensee consents to the fresh nomination.

(2B) Every licence granted to TAB Limited is subject to the condition that:

(a) no person has a prohibited shareholding interest (within the meaning of Division 3) in the nominated company, or

(b) if the nominated company is a company referred to in paragraph (c) of the definition of "nominated company" in section 37A (6) of the Totalizator Agency Board Privatisation Act 1997 , no person has such an interest in the ultimate holding company (within the meaning of the Corporations Act 2001 of the Commonwealth) of the nominated company.

However, this condition has effect only while the exemption granted to the nominated company and any related body corporate by section 32A is in force.

(2C) Subsection (2) extends to commercial arrangements entered into from time to time.

(3) A licence may make provision for advice to be furnished to the Minister in connection with the exercise of the Minister’s functions under this Act.

(4) The conditions of a licence must not be inconsistent with this Act.