Northern Territory Consolidated Acts

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TOTALISATOR LICENSING AND REGULATION ACT - SECT 3

Interpretation

    (1)     In this Act, unless the contrary intention appears:

"agent" means the person with whom a licensee enters into an agreement referred to in section 43 to establish or carry on business as an agency for the conduct of totalisator wagering.

"agency" means the conduct of totalisator wagering under a licensee's licence by the licensee's agent for and on behalf of the licensee on premises occupied by the agent.

"associate", in relation to a person, means:

        (a)     a spouse or de facto partner of the person;

        (b)     a parent or remoter lineal ancestor, son, daughter or remoter issue, brother or sister of the person;

        (c)     a partner or trustee of the person;

        (d)     a body corporate of which the person is a director, secretary or executive or other officer;

        (e)     if the person is a body corporate – a director, secretary or executive or other officer of the body corporate;

        (f)     a person who, in the previous year, has provided to the first-mentioned person advice for fee or reward in relation to wagering or the operation of a totalisator or conduct of totalisator wagering;

        (g)     an employee or employer of the person;

        (h)     an officer or employee of a body corporate of which the person is an officer or employee;

        (j)     an employee of a natural person of whom the person is an employee;

        (k)     a body corporate whose directors or executive officers are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person or, if the person is a body corporate, of the directors or executive officers of that body corporate;

        (m)     a body corporate in accordance with the directions, instructions or wishes of which, or of the directors or executive officers of which, the person is accustomed or under an obligation, whether formal or informal, to act;

        (n)     a body corporate in which the person holds a controlling interest;

        (p)     if the person is a body corporate – a person who holds a controlling interest in the body corporate; or

        (q)     a person who is, because of this definition, an associate of any other person who is an associate of the person (including a person who is an associate of the person by another application of this definition).

"authority" means the authority referred to in section 5 that administers this Act.

"betting account" means an account with a licensee in the name of a person who makes bets with the licensee against which the amount of a bet made by the person with the licensee may be debited and into which a dividend, refund or other payment payable to the person by the licensee may be credited.

"Chairperson" means the Chairperson of the Northern Territory Licensing Commission as defined in section 3 of the Northern Territory Licensing Commission Act .

"club" means a club or a principal club as defined in section 4(1) of the Racing and Betting Act .

"commission" means commission deducted in accordance with the Rules.

"Deputy Director" means a Deputy Director of Licensing appointed under section 24 of the Northern Territory Licensing Commission Act .

"Director" means:

        (a)     the Director of Licensing appointed under section 22(1) of the Northern Territory Licensing Commission Act ; or

        (b)     the person appointed to act as the Director under section 22(2) of that Act while acting as the Director.

"event, sport or activity" means an event, sport or activity determined under section 12 to be an event, sport or activity on which wagering by means of a totalisator may be conducted.

"hearing" means a hearing conducted in accordance with Part 8.

"inspector" means a totalisator inspector appointed by or under section 50.

"licence" means a totalisator licence to establish a totalisator, operate a totalisator or conduct totalisator wagering granted or renewed under section 20, and includes a licence that is varied under this Act.

"licence document" means the document that specifies or documents that jointly specify the grant of a licence, the terms and conditions of the licence and any variation of the licence.

"licensee" means a person who holds a licence or a temporary licence.

"member" means a member of the Northern Territory Licensing Commission appointed under section 6 of the Northern Territory Licensing Commission Act (including the Chairperson).

"operator" means a person appointed by a licensee under section 42 to manage the operations of the licensee conducted on a premises of a licensee.

"premises" means a building or part of a building, occupied by a licensee or an agent, where:

        (a)     the licensee establishes or operates a totalisator or conducts totalisator wagering; or

        (b)     the agent conducts totalisator wagering under a licensee's licence for and on behalf of the licensee.

"race" means a horse race, dog race, pony race or trotting race, and includes all races of a series of races in relation to which a bet is made with one stake on the results of 2 or more of the races.

"Rules" means rules made under section 46.

"temporary licence" means a licence granted under section 79(1).

"totalisator" means a scheme of pari-mutuel wagering, whether conducted by means of an instrument or contrivance known as a totalisator or otherwise.

"totalisator wagering" means the business of wagering by means of a totalisator.

"wagering" means pari-mutuel betting on a race or an event, sport or activity.

"wagering tax" means the tax payable each month by a licensee under section 34.

    (2)     A reference in this Act to a person employed by a licensee or an agent includes a reference to a person whose services are provided to the licensee or agent under a contract with the person or another person.

    (3)     Unless the contrary intention appears, a reference in this Act to the licensee includes a reference to an agent and an operator of the licensee.

    (4)     An obligation or liability of a licensee under this Act is to be taken to include an obligation or liability arising or imposed in respect of the actions of the licensee or an agent or operator of the licensee.



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