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Queensland
RACING AND BETTING
AMENDMENT BILL 2000
Queensland
RACING AND BETTING AMENDMENT
BILL 2000
TABLE OF PROVISIONS
Section Page
PART 1--PRELIMINARY
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
PART 2--AMENDMENT OF RACING AND BETTING ACT 1980
3 Act amended in pt 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
4 Amendment of s 5 (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
5 Replacement of pt 2 hdg and ss 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Act binds all persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
PART 2--ADMINISTRATION
7 Delegation by Minister . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
6 Amendment of s 10 (Secrecy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
7 Amendment of s 11B (Powers of Queensland Principal Club) . . . . . . . . . . 11
8 Amendment of s 11G (Disqualification from nomination or
appointment) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
9 Amendment of s 18 (Dissolution of race club) . . . . . . . . . . . . . . . . . . . . . . . 11
10 Amendment of s 24 (Time race meeting taken to commence) . . . . . . . . . . 12
11 Amendment of s 27 (Betting to continue at postponed or
abandoned meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
12 Amendment of s 28 (Phantom meeting may be held in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
13 Amendment of s 52 (Functions, powers and duties of Harness
Racing Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
14 Amendment of s 58 (Dissolution of trotting club) . . . . . . . . . . . . . . . . . . . . . 13
15 Amendment of s 64 (Time trotting meeting taken to commence) . . . . . . . 13
2
Racing and Betting Amendment
16 Amendment of s 67 (Betting to continue at postponed or
abandoned meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
17 Amendment of s 68 (Phantom meeting may be held in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
18 Amendment of s 93 (Functions, powers and duties of Greyhound
Authority) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
19 Amendment of s 99 (Dissolution of greyhound club) . . . . . . . . . . . . . . . . . . 14
20 Amendment of s 105 (Time greyhound meeting taken to commence) . . . . 15
21 Amendment of s 108 (Betting to continue at postponed or
abandoned meeting) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
22 Amendment of s 109 (Phantom meeting may be held in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
23 Amendment of s 115A (Definitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
24 Amendment of s 128 (Restrictions as to meetings on Anzac Day) . . . . . . . 16
25 Amendment of s 131 (Audit of books and accounts of club) . . . . . . . . . . . . 16
26 Omission of s 133 (Commissioner may make enquiries,
investigations and the like for statistical or research purposes) . . . . . . . . . 17
27 Amendment of s 134 (Application of receipts and the like of club) . . . . . . 17
28 Amendment of s 136 (Disclosure of criminal history) . . . . . . . . . . . . . . . . . 18
29 Replacement of pt 4 hdg, div 1 hdg and s 139 . . . . . . . . . . . . . . . . . . . . . . . 18
PART 4--RACING BOOKMAKERS
Division 1--Preliminary
139 Definitions for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
Division 1A--Licensing of racing bookmakers and related matters
30 Amendment of s 140 (Licensing of bookmakers and bookmakers'
clerks) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
31 Amendment of s 141 (Restrictions on betting by bookmakers) . . . . . . . . . . 20
32 Replacement of ss 142 to 158 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
Division 3--Racing bookmakers to be holders of eligibility certificates
142 Applicant for racing bookmaker's licence to hold
eligibility certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
143 Suitability of applicants for eligibility certificate . . . . . . . . . . . . . . . 21
144 Suitability of associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
145 Other matters about suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3
Racing and Betting Amendment
Division 4--Application for, and issue of, eligibility certificate
146 Application for eligibility certificate . . . . . . . . . . . . . . . . . . . . . . . . . 22
147 Requirements about applications . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
148 Further information or documents to support application . . . . . . . . . 23
149 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
150 Conditions for granting application for eligibility certificate . . . . . . 24
151 Investigation of suitability of persons . . . . . . . . . . . . . . . . . . . . . . . . . 24
152 Criminal history reports for investigations . . . . . . . . . . . . . . . . . . . . . 24
153 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
154 Requirement to give information or document for investigation . . . 25
155 Date by which certificate holder must apply for racing
bookmaker's licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
Division 5--Investigations of certificate holders and their business
and executive associates
156 Application of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
157 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26
157A Investigations into suitability of certificate holders . . . . . . . . . . . . . 26
157B Investigation of suitability of associates of certificate holders . . . . 27
157C Requirement to give information or document for investigation . . . 27
157D Failure to give information or document for investigation . . . . . . . . 28
157E Criminal history report for investigation . . . . . . . . . . . . . . . . . . . . . . 28
157F Gaming executive may ask control body for information
about racing bookmakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Division 6--Cancellation of eligibility certificates
158 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
158A Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
158B Involvement of interested persons in show cause process . . . . . . . . 31
158C Consideration of representations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
158D Ending show cause process without further action . . . . . . . . . . . . . . 31
158E Censuring certificate holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
158F Cancellation of eligibility certificates . . . . . . . . . . . . . . . . . . . . . . . . 32
158G Automatic cancellation of all licences issued to racing
bookmakers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
158H Notice to interested persons of decisions . . . . . . . . . . . . . . . . . . . . . . 33
4
Racing and Betting Amendment
Division 7--Appeals relating to eligibility certificates
158I Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
158J Starting appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
158K Stay of operation of decisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
158L Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
158M Power to gather evidence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35
158N Powers of Gaming Commission on appeal . . . . . . . . . . . . . . . . . . . . 36
158O Appeals to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
Division 8--Provisions about racing bookmakers
158P Racing bookmakers to maintain policy of insurance or
bond to indemnify bettors against default . . . . . . . . . . . . . . . . . . . . . 37
158Q Control bodies to ensure racing bookmakers have policies
of insurance or bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37
33 Amendment of s 159 (Prohibition of betting by bookmaker with infants) . 37
34 Replacement of ss 160 and 161 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38
Division 9--Clubs to control racing venues and provisions about
sporting contingencies
160 Control by clubs and control bodies over racing bookmakers . . . . . 38
161 Bookmaking on certain declared sporting contingencies . . . . . . . . . 39
Division 10--Miscellaneous
162 Racing bookmaker's agent during certain periods . . . . . . . . . . . . . . 40
162A Control body to give notice of certain actions about racing
bookmakers to gaming executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
162B Gaming executive may give information to control bodies
about racing bookmakers or applicants for eligibility certificates . . 41
162C Surrender of eligibility certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
162D Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
162E Delegation by gaming executive . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
162F Approval of forms for pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
35 Amendment of s 213 (Application of this part and saving) . . . . . . . . . . . . . 43
36 Replacement of s 214 (Unlawful bookmaking) . . . . . . . . . . . . . . . . . . . . . . . 43
214 Unlawful bookmaking by persons other than racing
bookmakers etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43
214A Unlawful bookmaking by racing bookmakers . . . . . . . . . . . . . . . . . . 43
5
Racing and Betting Amendment
37 Amendment of s 215 (Common betting house) . . . . . . . . . . . . . . . . . . . . . . . 44
38 Amendment of s 229 (Offences relating to officers and records) . . . . . . . . 44
39 Amendment of s 241 (Liability of bookmaker for offence by agent
or employee) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
40 Amendment of s 249 (Circumstances in which bookmaker may
sue or be sued) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
41 Amendment of s 256 (Evidentiary provisions) . . . . . . . . . . . . . . . . . . . . . . . 45
42 Amendment of s 257 (Regulations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
43 Replacement of pt 8, div 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
Division 6--Transitional provisions for the Racing and Betting
Amendment Act 2000 and other relevant amendments
273 Definition for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
274 Purpose of division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
275 References to bookmakers and bookmakers' clerks . . . . . . . . . . . . . 47
276 Licensing of bookmakers and bookmakers' clerks . . . . . . . . . . . . . . 47
277 Continuation of bookmaker's agent . . . . . . . . . . . . . . . . . . . . . . . . . . 47
278 Continuing application for bets before repeal . . . . . . . . . . . . . . . . . . 48
279 Continuing application about auditing clubs and providing
certain information . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
PART 3--AMENDMENT OF POLICE POWERS AND
RESPONSIBILITIES ACT 2000
44 Act amended in pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
45 Amendment of sch 3 (Acts amended after assent) . . . . . . . . . . . . . . . . . . . . 49
PART 4--AMENDMENT OF WAGERING ACT 1998
46 Act amended in pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
47 Amendment of s 12 (Relationship with other laws) . . . . . . . . . . . . . . . . . . . 50
2000
A BILL
FOR
An Act to amend the Racing and Betting Act 1980 and for other
purposes
s1 8 s4
Racing and Betting Amendment
The Parliament of Queensland enacts-- 1
ART 1--PRELIMINARY 2
P
title 3
Short
Clause 1. This Act may be cited as the Racing and Betting Amendment Act 2000. 4
5
Commencement
Clause 2.(1) This Act, other than part 3, commences on 1 July 2000. 6
(2) Part 3 commences on the date of assent. 7
PART 2--AMENDMENT OF RACING AND BETTING 8
ACT 1980 9
amended in pt 2 10
Act
Clause 3. This part amends the Racing and Betting Act 1980. 11
of s 5 (Definitions) 12
Amendment
Clause 4.(1) Section 5, definitions, "athletic ground", "athletic meeting", 13
"bookmaker", "bookmaker's agent", "bookmaker's clerk" and 14
"commissioner"-- 15
omit. 16
(2) Section 5-- 17
insert-- 18
` "accepted representations", for part 4, see section 158C. 19
s4 9 s4
Racing and Betting Amendment
"business associate", of an applicant for an eligibility certificate or 1
certificate holder, for part 4, see section 139. 2
"certificate holder" see section 139. 3
"criminal history", of a person, for part 4, see section 139. 4
"eligibility certificate" see section 139. 5
"executive associate", of an applicant for an eligibility certificate or 6
certificate holder, for part 4, see section 139. 7
"executive officer", of a corporation, for part 4, see section 139. 8
"gaming Act", for part 4, see section 139. 9
"Gaming Commission", for part 4, see section 139. 10
"gaming executive", for part 4, see section 139. 11
"interested person", for part 4, see section 158B(1). 12
"racing bookmaker" means a person who holds a licence from a control 13
body as a racing bookmaker for the code of racing for which the 14
control body is responsible. 15
"racing bookmaker's agent" means a person who is authorised by a 16
control body under section 162 to conduct the bookmaking operations 17
of a racing bookmaker licensed by the control body, for a period stated 18
in the authority. 19
"racing bookmaker's clerk" means a person licensed by a control body to 20
be employed by a racing bookmaker as a clerk in the conduct of the 21
racing bookmaker's business on or at a racing venue. 22
"registrar", of the Gaming Commission, for part 4, see section 139. 23
"show cause notice", for part 4, see section 158A(2). 24
"show cause period", for part 4, see section 158A(2)(d).'. 25
(3) Section 5, definition "credit bet", before `bookmaker'-- 26
insert-- 27
`racing'. 28
(4) Section 5, definition "person", `or athletic club'-- 29
omit. 30
s5 10 s6
Racing and Betting Amendment
(5) Section 5, definition "refund", before `bookmaker'-- 1
insert-- 2
`racing'. 3
of pt 2 hdg and ss 68 4
Replacement
Clause 5. Part 2 heading and sections 6, 7, 7A and 8-- 5
omit, insert-- 6
binds all persons 7
`Act
`6. This Act binds all persons, including the State and, as far as the 8
legislative power of the Parliament permits, the Commonwealth and the 9
other States. 10
`PART 2--ADMINISTRATION 11
by Minister 12
`Delegation
`7.(1) The Minister may delegate the Minister's powers under this Act to 13
an appropriately qualified person. 14
`(2) In this section-- 15
"appropriately qualified" includes having the qualifications, experience or 16
standing appropriate to exercise the power. 17
18
Example of `standing'--
19
A person's classification level in a department.'.
of s 10 (Secrecy) 20
Amendment
Clause 6.(1) Section 10(2) to (5)-- 21
omit. 22
(2) Section 10(1A) and (1B)-- 23
renumber as section 10(2) and (3). 24
(3) Section 10(3), as renumbered, `subsection (1A)(b)'-- 25
s7 11 s9
Racing and Betting Amendment
omit, insert-- 1
`subsection (2)(b)'. 2
of s 11B (Powers of Queensland Principal Club) 3
Amendment
Clause 7.(1) Section 11B(2)(c), `bookmaker, bookmaker's clerk'-- 4
omit, insert-- 5
`racing bookmaker, racing bookmaker's clerk'. 6
(2) Section 11B(2)(l), `registration of,'-- 7
omit, insert-- 8
`the registering or licensing'. 9
of s 11G (Disqualification from nomination or 10
Amendment
appointment) 11
Clause 8. Section 11G(1)(e), before `bookmaker'-- 12
insert-- 13
`racing'. 14
of s 18 (Dissolution of race club) 15
Amendment
Clause 9.(1) Section 18(2), `and the commissioner'-- 16
omit. 17
(2) Section 18(2A), `, with the approval of the commissioner first had 18
and obtained,'-- 19
omit. 20
(3) Section 18(3A) and (7)-- 21
omit. 22
(4) Section 18(5), `(6AA)'-- 23
omit, insert-- 24
`(7)'. 25
s 10 12 s 13
Racing and Betting Amendment
(5) Section 18(6), `, (3A)'-- 1
omit. 2
(6) Section 18(6AA) and (6A)-- 3
renumber as section 18(7) and (8). 4
of s 24 (Time race meeting taken to commence) 5
Amendment
Clause 10. Section 24, before `bookmakers'-- 6
insert-- 7
`racing'. 8
of s 27 (Betting to continue at postponed or abandoned 9
Amendment
meeting) 10
Clause 11. Section 27, before `bookmakers'-- 11
insert-- 12
`racing'. 13
of s 28 (Phantom meeting may be held in certain 14
Amendment
circumstances) 15
Clause 12. Section 28(3), before `bookmakers'-- 16
insert-- 17
`racing'. 18
of s 52 (Functions, powers and duties of Harness Racing 19
Amendment
Board) 20
Clause 13.(1) Section 52(3)(d), `bookmaker, bookmaker's clerk'-- 21
omit, insert-- 22
`racing bookmaker, racing bookmaker's clerk'. 23
(2) Section 52(3)(m), `registration of'-- 24
s 14 13 s 16
Racing and Betting Amendment
omit, insert-- 1
`the registering or licensing'. 2
of s 58 (Dissolution of trotting club) 3
Amendment
Clause 14.(1) Section 58(2), `and the commissioner'-- 4
omit. 5
(2) Section 58(2A), `, with the approval of the commissioner first had 6
and obtained,'-- 7
omit. 8
(3) Section 58(4) and (7)-- 9
omit. 10
(4) Section 58(5), from `(6AA)' to `(4) applies shall'-- 11
omit, insert-- 12
`(7), the assets of a trotting club to which subsection (3) applies'. 13
(5) Section 58(6), `, (3) or (4)'-- 14
omit, insert-- 15
`or (3)'. 16
(6) Section 58(6AA) and (6A)-- 17
renumber as section 58(7) and (8). 18
of s 64 (Time trotting meeting taken to commence) 19
Amendment
Clause 15. Section 64, before `bookmakers'-- 20
insert-- 21
`racing'. 22
of s 67 (Betting to continue at postponed or abandoned 23
Amendment
meeting) 24
Clause 16. Section 67, before `bookmakers'-- 25
s 17 14 s 19
Racing and Betting Amendment
insert-- 1
`racing'. 2
of s 68 (Phantom meeting may be held in certain 3
Amendment
circumstances) 4
Clause 17. Section 68(3), before `bookmakers'-- 5
insert-- 6
`racing'. 7
of s 93 (Functions, powers and duties of Greyhound 8
Amendment
Authority) 9
Clause 18.(1) Section 93(3)(d), `bookmaker, bookmaker's clerk'-- 10
omit, insert-- 11
`racing bookmaker, racing bookmaker's clerk'. 12
(2) Section 93(3)(m), `registration of'-- 13
omit, insert-- 14
`the registering or licensing'. 15
of s 99 (Dissolution of greyhound club) 16
Amendment
Clause 19.(1) Section 99(2), `and the commissioner'-- 17
omit. 18
(2) Section 99(2A), `, with the approval of the commissioner first had 19
and obtained,'-- 20
omit. 21
(3) Section 99(4) and (7)-- 22
omit. 23
(4) Section 99(5), from `(6AA)' to `(4) applies shall'-- 24
omit, insert-- 25
`(7), the assets of a greyhound club to which subsection (3) applies'. 26
s 20 15 s 23
Racing and Betting Amendment
(5) Section 99(6), `, (3) or (4)'-- 1
omit, insert-- 2
`or (3)'. 3
(6) Section 99(6AA) and (6A)-- 4
renumber as section 99(7) and (8). 5
of s 105 (Time greyhound meeting taken to commence) 6
Amendment
Clause 20. Section 105, before `bookmakers'-- 7
insert-- 8
`racing'. 9
of s 108 (Betting to continue at postponed or abandoned 10
Amendment
meeting) 11
Clause 21. Section 108, before `bookmakers'-- 12
insert-- 13
`racing'. 14
of s 109 (Phantom meeting may be held in certain 15
Amendment
circumstances) 16
Clause 22. Section 109(3), before `bookmakers'-- 17
insert-- 18
`racing'. 19
of s 115A (Definitions) 20
Amendment
Clause 23. Section 115A, definition "licence", paragraph (b), `bookmaker, 21
bookmaker's clerk'-- 22
omit, insert-- 23
`racing bookmaker, racing bookmaker's clerk'. 24
s 24 16 s 25
Racing and Betting Amendment
of s 128 (Restrictions as to meetings on Anzac Day) 1
Amendment
Clause 24. Section 128(2), before `bookmaker'-- 2
insert-- 3
`racing'. 4
of s 131 (Audit of books and accounts of club) 5
Amendment
Clause 25.(1) Section 131(2)-- 6
omit, insert-- 7
`(2) The control body responsible for registering a club may, in writing, 8
authorise a person to audit the club's books even though the person is not a 9
registered company auditor if the control body is satisfied-- 10
(a) a registered company auditor is not readily available to audit the 11
books; and 12
(b) the person is competent to audit the books.'. 13
(2) Section 131(2B), `commissioner may'-- 14
omit, insert-- 15
`control body may'. 16
(3) Section 131(5), `furnish to the commissioner'-- 17
omit, insert-- 18
`give to the control body responsible for registering the club'. 19
(4) Section 131(6), `commissioner shall'-- 20
omit, insert-- 21
`control body must'. 22
(5) Section 131(6), `furnished to the commissioner in accordance 23
with'-- 24
omit, insert-- 25
`given to the control body under'. 26
(6) Section 131(6), from `a statement so' to `commissioner thinks fit'-- 27
omit, insert-- 28
s 26 17 s 27
Racing and Betting Amendment
`the statements, or an item or matter contained in or arising out of the 1
statements, as the control body thinks fit'. 2
(7) Section 131(7), from `, the commissioner' to `to the 3
commissioner'-- 4
omit, insert-- 5
`(the "other person"), the control body responsible for registering the 6
club that conducts racing at the racing venue, by written direction, may 7
require the other person to give to the control body'. 8
(8) Section 131(7A), `person shall be deemed'-- 9
omit, insert-- 10
`other person is taken'. 11
(9) Section 131(8)-- 12
omit, insert-- 13
`(8) The control body may take action against a club or other person 14
under the rules of racing, rules of trotting or rules of greyhound racing, if-- 15
(a) the control body required the club or person to do something after 16
an enquiry by the control body under subsection (6); and 17
(b) the club or person refused, or failed, to fully satisfy the control 18
body's requisition.'. 19
of s 133 (Commissioner may make enquiries, investigations 20
Omission
and the like for statistical or research purposes) 21
Clause 26. Section 133-- 22
omit. 23
of s 134 (Application of receipts and the like of club) 24
Amendment
Clause 27. Section 134(4)(b)(ii)(B), `or commissioner'-- 25
omit. 26
s 28 18 s 29
Racing and Betting Amendment
of s 136 (Disclosure of criminal history) 1
Amendment
Clause 28. Section 136(4)-- 2
insert-- 3
` "licence" does not include a racing bookmaker's licence.'. 4
of pt 4 hdg, div 1 hdg and s 139 5
Replacement
Clause 29. Part 4 heading, division 1 heading and section 139-- 6
omit, insert-- 7
ART 4--RACING BOOKMAKERS 8
`P
`Division 1--Preliminary 9
for pt 4 10
`Definitions
`139. In this part-- 11
"business associate", of a certificate holder, means a person whom the 12
gaming executive reasonably believes will, if the holder is licensed as a 13
racing bookmaker, be associated with the ownership or management 14
of the racing bookmaker's bookmaking operations. 15
"business associate", of an applicant for an eligibility certificate, means a 16
person whom the gaming executive reasonably believes will, if the 17
applicant is licensed as a racing bookmaker, be associated with the 18
ownership or management of the racing bookmaker's bookmaking 19
operations. 20
"certificate holder" means the holder of an eligibility certificate that has not 21
lapsed. 22
"criminal history", of a person, means the person's criminal history within 23
the meaning of the Criminal Law (Rehabilitation of Offenders) Act 24
1986, and-- 25
(a) despite section 6 of that Act, includes a conviction of the person to 26
which the section applies; and 27
(b) despite section 5 of that Act, includes a charge made against the 28
s 29 19 s 29
Racing and Betting Amendment
person for an offence. 1
"eligibilitycertificate" means an eligibility certificate issued to a person by 2
the gaming executive stating that, until a date stated in the certificate, 3
the person is eligible to apply to a control body for a racing 4
bookmaker's licence. 5
"executive associate", of a certificate holder, means an executive officer of 6
a corporation, partner, trustee, or another person stated by the gaming 7
executive, whom the gaming executive reasonably believes will, if the 8
holder is licensed as a racing bookmaker, be associated with the 9
ownership or management of the racing bookmaker's bookmaking 10
operations. 11
"executive associate", of an applicant for an eligibility certificate, means an 12
executive officer of a corporation, partner, trustee, or another person 13
stated by the gaming executive, whom the gaming executive 14
reasonably believes will, if the applicant is licensed as a racing 15
bookmaker, be associated with the ownership or management of the 16
racing bookmaker's bookmaking operations. 17
"executive officer", of a corporation, means a person who is concerned 18
with, or takes part in, the corporation's management, whether or not 19
the person is a director or the person's position is given the name of 20
executive officer. 21
"gaming Act" means any of the following Acts-- 22
· Casino Control Act 1982 23
· Charitable and Non-Profit Gaming Act 1999 24
· Gaming Machine Act 1991 25
· Interactive Gambling (Player Protection) Act 1998 26
· Keno Act 1996 27
· Lotteries Act 1997 28
· Wagering Act 1998. 29
"Gaming Commission" means the Queensland Gaming Commission 30
under the Gaming Machine Act 1991. 31
"gaming executive" means the chief executive of the department in which 32
the Wagering Act 1998 is administered. 33
s 30 20 s 31
Racing and Betting Amendment
"registrar", of the Gaming Commission, means the officer or person 1
designated under a regulation under the Wagering Act 1998 as the 2
registrar. 3
`Division 1A--Licensing of racing bookmakers and related matters'. 4
of s 140 (Licensing of bookmakers and bookmakers' 5
Amendment
clerks) 6
Clause 30.(1) Section 140, heading-- 7
omit, insert-- 8
`Licensing of racing bookmakers and racing bookmakers' clerks'. 9
(2) Section 140(1), (2), (3) and (5), before `bookmaker'-- 10
insert-- 11
`racing'. 12
(3) Section 140(1), (4) and (5), before `bookmaker's'-- 13
insert-- 14
`racing'. 15
(4) Section 140(6), before `bookmakers' '-- 16
insert-- 17
`racing'. 18
of s 141 (Restrictions on betting by bookmakers) 19
Amendment
Clause 31.(1) Section 141, heading, before `bookmakers'-- 20
insert-- 21
`racing'. 22
(2) Section 141(1), (4) and (5), before `bookmaker'-- 23
insert-- 24
`racing'. 25
(3) Section 141(1)(c), `approved under section 147A'-- 26
s 32 21 s 32
Racing and Betting Amendment
omit, insert-- 1
`declared under section 1611'. 2
(4) Section 141(2) and (3)-- 3
omit. 4
(5) Section 141(5)(d)-- 5
omit. 6
of ss 142 to 158 7
Replacement
Clause 32. Sections 142 to 158-- 8
omit, insert-- 9
3--Racing bookmakers to be holders of eligibility certificates 10
`Division
for racing bookmaker's licence to hold eligibility certificate 11
`Applicant
`142. An applicant to a control body for licensing as a racing bookmaker 12
must be a certificate holder. 13
of applicants for eligibility certificate 14
`Suitability
`143.(1) This section applies to the gaming executive in deciding whether 15
an applicant for an eligibility certificate is a suitable person to hold an 16
eligibility certificate. 17
`(2) The gaming executive may have regard to the following matters-- 18
(a) the applicant's character or business reputation; 19
(b) the applicant's current financial position and financial background; 20
(c) if the applicant has a business association with another entity-- 21
(i) the entity's character or business reputation; and 22
(ii) the entity's current financial position and financial 23
background. 24
1 Section 161 (Bookmaking on certain declared sporting contingencies)
s 32 22 s 32
Racing and Betting Amendment
of associates 1
`Suitability
`144.(1) This section applies to the gaming executive in deciding whether 2
a business associate or executive associate of an applicant for an eligibility 3
certificate is a suitable person to be associated with the applicant. 4
`(2) The gaming executive may have regard to the following matters-- 5
(a) the associate's character or business reputation; 6
(b) the associate's current financial position and financial background; 7
(c) if the associate has a business association with another entity-- 8
(i) the entity's character or business reputation; and 9
(ii) the entity's current financial position and financial 10
background. 11
matters about suitability 12
`Other
`145. Sections 143 and 144 do not limit the matters the gaming executive 13
may have regard to in deciding matters to which the sections relate. 14
4--Application for, and issue of, eligibility certificate 15
`Division
for eligibility certificate 16
`Application
`146. An application for an eligibility certificate may only be made by an 17
individual over 18 years or a corporation. 18
about applications 19
`Requirements
`147.(1) An application for an eligibility certificate must-- 20
(a) be made to the gaming executive; and 21
(b) be in a form approved by the gaming executive; and 22
(c) be accompanied by any application fee prescribed under a 23
regulation. 24
`(2) It is a condition precedent to consideration of an application for an 25
eligibility certificate that-- 26
s 32 23 s 32
Racing and Betting Amendment
(a) for an application by an individual--the individual is agreeable to 1
the individual's fingerprints being taken by or for the gaming 2
executive; or 3
(b) for an application by a corporation--each of the applicant's 4
business associates and executive associates, who is an individual, 5
is agreeable to the individual's fingerprints being taken by or for 6
the gaming executive. 7
information or documents to support application 8
`Further
`148.(1) The gaming executive may, by written notice given to an 9
applicant for an eligibility certificate, require the applicant to give the gaming 10
executive further information or a document about the application within the 11
reasonable time stated in the notice. 12
`(2) The requirement must relate to information or a document that is 13
necessary and reasonable to help the gaming executive decide the 14
application. 15
of application 16
`Consideration
`149.(1) On receipt of an application for an eligibility certificate, and 17
compliance by the applicant with this part in relation to the application, the 18
gaming executive must-- 19
(a) for an application by an individual--cause the fingerprints of the 20
applicant to be taken; and 21
(b) for an application by a corporation--cause the fingerprints of each 22
of the applicant's business associates and executive associates, 23
who is an individual, to be taken. 24
`(2) However, if the gaming executive is satisfied, on reasonable 25
grounds, an individual's fingerprints are already held by the gaming 26
executive, the gaming executive need not cause the individual's fingerprints 27
to be taken under subsection (1). 28
`(3) The gaming executive must consider the application for an eligibility 29
certificate and either grant or refuse to grant the application. 30
`(4) However, the gaming executive is not required to decide an 31
application if-- 32
s 32 24 s 32
Racing and Betting Amendment
(a) the gaming executive has given a person a notice under 1
section 148 or 154 requiring the person to give the gaming 2
executive information or a document as stated in the section; and 3
(b) the person has failed, without reasonable excuse, to comply with 4
the requirement within the time stated in the notice. 5
for granting application for eligibility certificate 6
`Conditions
`150. The gaming executive may grant an application for an eligibility 7
certificate only if the gaming executive is satisfied-- 8
(a) the applicant is a suitable person to hold an eligibility certificate; 9
and 10
(b) each business and executive associate of the applicant is a suitable 11
person to be associated with the applicant. 12
of suitability of persons 13
`Investigation
`151.(1) The gaming executive may investigate an applicant for an 14
eligibility certificate to help the gaming executive decide whether the 15
applicant is a suitable person to be a certificate holder. 16
`(2) The gaming executive may investigate a business or executive 17
associate of an applicant for an eligibility certificate to help the gaming 18
executive decide whether the associate is a suitable person to be associated 19
with the applicant. 20
history reports for investigations 21
`Criminal
`152.(1) If the gaming executive, in investigating a person under 22
section 151, asks the commissioner of the police service for a written report 23
on the person's criminal history, the commissioner must give the report to 24
the gaming executive. 25
`(2) The report is to contain-- 26
(a) relevant information in the commissioner's possession; and 27
(b) relevant information the commissioner can reasonably obtain by 28
asking officials administering police services in other Australian 29
s 32 25 s 32
Racing and Betting Amendment
jurisdictions; and 1
(c) other relevant information to which the commissioner has access. 2
on application 3
`Decision
`153.(1) If the gaming executive decides to grant an application for an 4
eligibility certificate, the gaming executive must give the certificate to the 5
applicant as soon as practicable after making the decision. 6
`(2) The certificate is to be in a form the gaming executive considers 7
appropriate. 8
`(3) If the gaming executive decides to refuse to grant an application for 9
an eligibility certificate, the gaming executive must give the applicant written 10
notice of the decision as soon as practicable after making the decision. 11
`(4) The notice must include-- 12
(a) the gaming executive's decision; and 13
(b) the gaming executive's reasons for the decision; and 14
(c) a statement that the applicant may appeal to the Gaming 15
Commission against the decision within 28 days; and 16
(d) how the applicant may start the appeal. 17
to give information or document for investigation 18
`Requirement
`154.(1) In investigating a business associate or executive associate of an 19
applicant, the gaming executive may, by written notice given to the 20
associate, require the associate to give the gaming executive information or a 21
document the gaming executive considers relevant to the investigation. 22
`(2) When making the requirement, the gaming executive must-- 23
(a) warn the associate that the application for the eligibility certificate 24
will not be considered further until the requirement is complied 25
with; and 26
(b) give a copy of the notice to the applicant. 27
s 32 26 s 32
Racing and Betting Amendment
by which certificate holder must apply for racing bookmaker's 1
`Date
licence 2
`155.(1) An eligibility certificate must state the date by which the 3
certificate holder stated in the certificate must apply for a licence as a racing 4
bookmaker. 5
`(2) The date must be at least 2 months after the date the certificate is 6
granted to the certificate holder. 7
`(3) If the certificate holder does not apply to a control body for a racing 8
bookmaker's licence before the date stated in the certificate, the certificate 9
lapses at the end of the day stated in the certificate. 10
`Division 5--Investigations of certificate holders and their business and 11
executive associates 12
of division 13
`Application
`156. This division applies to certificate holders who are racing 14
bookmakers. 15
program 16
`Audit
`157.(1) The gaming executive may approve an audit program for 17
investigating certificate holders, and the business associates and executive 18
associates of certificate holders. 19
`(2) The gaming executive is responsible for ensuring that investigations 20
of certificate holders, and business associates and executive associates of 21
certificate holders, are conducted under an approved audit program in 22
accordance with the program. 23
`(3) A person may be investigated under an audit program only if there 24
has not been an investigation of the same person within the preceding 25
3 years. 26
into suitability of certificate holders 27
`Investigations
`157A.(1) The gaming executive may investigate a certificate holder to 28
find out whether the certificate holder is a suitable person to hold, or to 29
s 32 27 s 32
Racing and Betting Amendment
continue to hold, an eligibility certificate. 1
`(2) However, the gaming executive may investigate the certificate holder 2
under this section only if-- 3
(a) the gaming executive reasonably suspects the certificate holder is 4
not, or is no longer, a suitable person to hold an eligibility 5
certificate; or 6
(b) the investigation is made under an audit program approved by the 7
gaming executive. 8
of suitability of associates of certificate holders 9
`Investigation
`157B.(1) The gaming executive may investigate a business associate or 10
executive associate of a certificate holder to decide whether the associate is a 11
suitable person to be, or to continue to be, associated with the certificate 12
holder's operations. 13
`(2) However, the gaming executive may investigate a business associate 14
or executive associate of a certificate holder under this section only if-- 15
(a) the gaming executive reasonably suspects the associate is not, or 16
is no longer, a suitable person to be associated with a certificate 17
holder's operations; or 18
(b) the investigation is part of an investigation under this division of 19
the certificate holder in relation to whom the associate is a 20
business associate or executive associate. 21
to give information or document for investigation 22
`Requirement
`157C.(1) In investigating a certificate holder, or business or executive 23
associate of a certificate holder, the gaming executive may, by written notice 24
given to the person, require the person to give the gaming executive 25
information or a document the gaming executive considers relevant to the 26
investigation. 27
`(2) When making the requirement, the gaming executive must warn the 28
person it is an offence to fail to comply with the requirement, unless the 29
person has a reasonable excuse. 30
s 32 28 s 32
Racing and Betting Amendment
to give information or document for investigation 1
`Failure
`157D.(1) A person of whom a requirement is made under section 157C 2
must comply with the requirement, unless the person has a reasonable 3
excuse. 4
Maximum penalty--200 penalty units or 2 years imprisonment. 5
`(2) It is a reasonable excuse for the person not to comply with the 6
requirement if complying with the requirement might tend to incriminate the 7
person. 8
`(3) The person does not commit an offence against this section if the 9
information or document sought by the gaming executive is not in fact 10
relevant to the investigation. 11
history report for investigation 12
`Criminal
`157E.(1) If the gaming executive in investigating a person under 13
section 157A or 157B asks the commissioner of the police service for a 14
written report on the person's criminal history, the commissioner must give 15
the report to the gaming executive. 16
`(2) The report is to contain-- 17
(a) relevant information in the commissioner's possession; and 18
(b) relevant information the commissioner can reasonably obtain by 19
asking officials administering police services in other Australian 20
jurisdictions; and 21
(c) other relevant information to which the commissioner has access. 22
executive may ask control body for information about racing 23
`Gaming
bookmakers 24
`157F.(1) This section applies if, as part of an investigation under this 25
division, the gaming executive considers-- 26
(a) the control body that licensed a racing bookmaker has information 27
or a document about the racing bookmaker or a business or 28
executive associate of the certificate holder; and 29
(b) the information or document will help the gaming executive in the 30
s 32 29 s 32
Racing and Betting Amendment
investigation. 1
`(2) The gaming executive must give written notice to the control body 2
stating the information or document the gaming executive considers the 3
control body has and that the information or document is to be given to the 4
gaming executive. 5
`(3) Within 14 days of receipt of the notice under subsection (2), the 6
control body must give the information to the gaming executive or state its 7
reasons for not complying with the notice. 8
`Division 6--Cancellation of eligibility certificates 9
for cancellation 10
`Grounds
`158.(1) A ground for cancelling an eligibility certificate exists if the 11
certificate holder-- 12
(a) is not a suitable person to hold an eligibility certificate; or 13
(b) is convicted of an offence against this Act or a gaming Act; or 14
(c) is convicted of an indictable offence; or 15
(d) contravenes a provision of this Act (being a provision a 16
contravention of which is not an offence against this Act); or 17
(e) is affected by bankruptcy action, or by control action under the 18
Corporations Law. 19
`(2) Also, a ground for cancelling an eligibility certificate exists if-- 20
(a) a racing bookmaker's licence held by the certificate holder is 21
cancelled by the control body for the licence concerned; or 22
(b) the eligibility certificate was issued because of a materially false or 23
misleading representation or declaration; or 24
(c) a business or executive associate of the certificate holder is not a 25
suitable person to be associated with a certificate holder. 26
`(3) For subsection (1)(e), a certificate holder is affected by bankruptcy 27
action if the holder-- 28
(a) is bankrupt; or 29
s 32 30 s 32
Racing and Betting Amendment
(b) has compounded with creditors; or 1
(c) has otherwise taken, or applied to take, advantage of any law 2
about bankruptcy. 3
`(4) For subsection (1)(e), a certificate holder is affected by control action 4
under the Corporations Law if the holder-- 5
(a) has executed a deed of company arrangement under the Law; or 6
(b) is the subject of a winding-up (whether voluntarily or under a 7
court order) under the Law; or 8
(c) is the subject of an appointment of an administrator, liquidator, 9
receiver or receiver and manager under the Law. 10
cause notice 11
`Show
`158A.(1) This section applies if the gaming executive believes-- 12
(a) a ground exists to cancel an eligibility certificate; and 13
(b) the act, omission or other thing forming the ground is of a serious 14
and fundamental nature; and 15
(c) the public interest may be affected in an adverse and material way. 16
`(2) The gaming executive must give the certificate holder a written notice 17
(a "show cause notice") stating the following-- 18
(a) the action (the "proposed action") the gaming executive 19
proposes taking under this division; 20
(b) the grounds for the proposed action; 21
(c) an outline of the facts and circumstances forming the basis for the 22
grounds; 23
(d) an invitation to the holder to show within a stated period (the 24
"show cause period") why the proposed action should not be 25
taken. 26
`(3) The show cause period must be a period ending at least 21 days after 27
the show cause notice is given to the certificate holder. 28
`(4) The certificate holder may make written representations about the 29
show cause notice to the gaming executive in the show cause period. 30
s 32 31 s 32
Racing and Betting Amendment
of interested persons in show cause process 1
`Involvement
`158B.(1) The gaming executive must promptly give a copy of the show 2
cause notice to-- 3
(a) each of the control bodies (an "interested person"); and 4
(b) each person the gaming executive considers has an interest in the 5
eligibility certificate (also an "interested person") if the gaming 6
executive considers-- 7
(i) the person's interest may be affected adversely by the 8
cancellation of the certificate; and 9
(ii) it is otherwise appropriate in the circumstances to give a 10
copy of the notice to the person. 11
`(2) In considering whether it is appropriate to give a copy of the show 12
cause notice to an interested person under subsection (1)(b), the issues to 13
which the gaming executive may have regard include the following-- 14
(a) the nature of the interested person's interest; 15
(b) whether the holder's interest may be improperly prejudiced. 16
`(3) An interested person to whom a copy of the show cause notice is 17
given may make representations about the notice to the gaming executive in 18
the show cause period. 19
of representations 20
`Consideration
`158C. The gaming executive must consider all written representations 21
(the "accepted representations") made in the show cause period by-- 22
(a) the certificate holder; or 23
(b) an interested person to whom a copy of the show cause notice 24
was given. 25
show cause process without further action 26
`Ending
`158D.(1) This section applies if, after considering the accepted 27
representations for the show cause notice, the gaming executive no longer 28
believes a ground exists to cancel the eligibility certificate. 29
s 32 32 s 32
Racing and Betting Amendment
`(2) The gaming executive must not take any further action about the 1
show cause notice. 2
`(3) Notice that no further action about the show cause notice is to be 3
taken must be given by the gaming executive to-- 4
(a) the certificate holder; and 5
(b) each interested person to whom a copy of the show cause notice 6
was given. 7
certificate holder 8
`Censuring
`158E.(1) This section applies if, after considering the accepted 9
representations for the show cause notice, the gaming executive-- 10
(a) still believes a ground exists to cancel the eligibility certificate; but 11
(b) does not believe cancellation of the certificate is warranted. 12
`(2) This section also applies if the gaming executive has not given a 13
show cause notice to the certificate holder but-- 14
(a) believes a ground exists to cancel the certificate; and 15
(b) does not believe the giving of a show cause notice is warranted. 16
`(3) The gaming executive may, by written notice given to the holder, 17
censure the holder for a matter relating to the ground for cancellation. 18
of eligibility certificates 19
`Cancellation
`158F.(1) The gaming executive may cancel the eligibility certificate if, 20
after considering the accepted representations for the show cause notice, the 21
gaming executive still believes-- 22
(a) a ground exists to cancel the eligibility certificate; and 23
(b) the act, omission or other thing constituting the ground is of a 24
serious and fundamental nature; and 25
(c) the public interest may be affected in an adverse and material way. 26
`(2) Also, the gaming executive may cancel the eligibility certificate if 27
there are no accepted representations for the show cause notice. 28
`(3) The gaming executive must immediately give written notice of the 29
s 32 33 s 32
Racing and Betting Amendment
decision to cancel, and a copy of section 158G, to the certificate holder. 1
`(4) The notice must include-- 2
(a) the gaming executive's decision; and 3
(b) the gaming executive's reasons for the decision; and 4
(c) a statement that the certificate holder may appeal to the Gaming 5
Commission against the decision within 28 days; and 6
(d) how the certificate holder may start the appeal. 7
`(5) The decision takes effect-- 8
(a) on the day the notice is given to the certificate holder; or 9
(b) if a later day of effect is stated in the notice--on the later day. 10
`(6) If the eligibility certificate is cancelled, the person who held the 11
certificate must, within 14 days after receiving notice of the decision, return 12
the certificate to the gaming executive. 13
Maximum penalty for subsection (6)--40 penalty units. 14
cancellation of all licences issued to racing bookmakers 15
`Automatic
`158G.(1) This section applies if a person's eligibility certificate is 16
cancelled under section 158F and the person is the holder of a racing 17
bookmaker's licence issued by a control body. 18
`(2) On the cancellation of the eligibility certificate, the licence issued by 19
the control body is cancelled. 20
`(3) Subsection (2) has effect despite any contrary provision in the rules 21
of racing, rules of trotting or rules of greyhound racing. 22
to interested persons of decisions 23
`Notice
`158H.(1) This section applies if the gaming executive-- 24
(a) censures the certificate holder under section 158E; or 25
(b) cancels an eligibility certificate under section 158F. 26
`(2) The gaming executive must give written notice of the decision to 27
s 32 34 s 32
Racing and Betting Amendment
each interested person to whom a copy of the show cause notice was given 1
as soon as practicable after making the decision. 2
7--Appeals relating to eligibility certificates 3
`Division
4
`Appeals
`158I.(1) This section applies if the gaming executive makes a 5
decision-- 6
(a) refusing an application for an eligibility certificate; or 7
(b) cancelling an eligibility certificate. 8
`(2) The applicant or certificate holder may appeal to the Gaming 9
Commission against the decision. 10
appeal 11
`Starting
`158J.(1) An appeal is started by-- 12
(a) filing a written notice of appeal with the registrar of the Gaming 13
Commission; and 14
(b) serving a copy of the notice on the gaming executive. 15
`(2) The notice of appeal must be filed within 28 days after the appellant 16
receives notice of the decision. 17
`(3) The Gaming Commission may at any time extend the period for 18
filing the notice of appeal. 19
`(4) The notice of appeal must state fully the grounds of the appeal and 20
the facts relied on. 21
of operation of decisions 22
`Stay
`158K.(1) The Gaming Commission may grant a stay of the operation of 23
a decision appealed against to secure the effectiveness of the appeal. 24
`(2) A stay-- 25
(a) may be given on conditions the Gaming Commission considers 26
s 32 35 s 32
Racing and Betting Amendment
appropriate; and 1
(b) operates for the period fixed by the commission; and 2
(c) may be revoked or amended by the commission. 3
`(3) The period of a stay under this section must not extend past the time 4
when the Gaming Commission decides the appeal. 5
`(4) An appeal against a decision affects the decision, or the carrying out 6
of the decision, only if the decision is stayed. 7
procedures 8
`Hearing
`158L.(1) In deciding an appeal, the Gaming Commission-- 9
(a) has the same powers as the gaming executive; and 10
(b) is not bound by the rules of evidence; and 11
(c) must comply with natural justice; and 12
(d) may hear the appeal in public or in private. 13
`(2) An appeal is by way of rehearing, unaffected by the gaming 14
executive's decision, on the material before the gaming executive and any 15
further evidence allowed by the Gaming Commission. 16
to gather evidence 17
`Power
`158M.(1) The Gaming Commission may, by written notice signed by 18
the registrar, require a person-- 19
(a) to give written answers to questions, or produce a document, 20
stated in the notice for an appeal mentioned in the notice; or 21
(b) to appear before the commission at a stated time and place to 22
answer questions, or produce a stated document, relating to an 23
appeal mentioned in the notice. 24
`(2) The answers mentioned in subsection (1)(b) must, if the notice so 25
requires, be verified by statutory declaration. 26
`(3) A person must not, without reasonable excuse-- 27
(a) fail to comply with a requirement under this section; or 28
s 32 36 s 32
Racing and Betting Amendment
(b) if appearing for examination before the Gaming Commission-- 1
(i) fail to take or make an oath when required to do so by a 2
member of the commission or the registrar; or 3
(ii) fail to answer a question relevant to the subject of the appeal 4
to the best of the person's knowledge, information or belief; 5
or 6
(iii) fail to produce a document the person is required to produce 7
under subsection (1)(b). 8
Maximum penalty--40 penalty units. 9
`(4) A member of the Gaming Commission may administer an oath to a 10
person appearing before the commission for examination. 11
`(5) It is a reasonable excuse for a person to fail to comply with a 12
requirement to answer a question or produce a document if complying with 13
the requirement might tend to incriminate the person. 14
of Gaming Commission on appeal 15
`Powers
`158N.(1) In deciding an appeal, the Gaming Commission may-- 16
(a) confirm the decision; or 17
(b) set aside the decision and substitute another decision; or 18
(c) set aside the decision and return the issue to the gaming executive 19
with the directions the commission considers appropriate. 20
`(2) If the Gaming Commission substitutes another decision, the 21
substituted decision is, for this Act (other than this part) taken to be the 22
gaming executive's decision. 23
to District Court 24
`Appeals
`158O. An appeal lies to the District Court from a decision of the 25
Gaming Commission only on a question of law. 26
s 33 37 s 33
Racing and Betting Amendment
8--Provisions about racing bookmakers 1
`Division
bookmakers to maintain policy of insurance or bond to 2
`Racing
indemnify bettors against default 3
`158P. A racing bookmaker must have a policy of insurance, or bond 4
acceptable to the control body responsible for licensing the racing 5
bookmaker, that-- 6
(a) indemnifies bettors against losses suffered by the bettors for 7
winning bets, and refunds, payable to the bettors by the racing 8
bookmaker; and 9
(b) includes conditions required by the control body that licensed the 10
racing bookmaker. 11
bodies to ensure racing bookmakers have policies of 12
`Control
insurance or bond 13
`158Q.(1) A control body must not register a person as a racing 14
bookmaker, or renew a racing bookmaker's licence, unless the person or 15
racing bookmaker has a policy of insurance or bond under section 158P. 16
`(2) If a racing bookmaker does not have a policy of insurance or bond 17
under section 158P, the control body must immediately suspend the racing 18
bookmaker's licence until it is satisfied the racing bookmaker has the policy 19
or bond. 20
`(3) Each control body may make enquires, and do other acts, as it 21
considers necessary to find out if a racing bookmaker has a policy of 22
insurance or bond under section 158P.'. 23
of s 159 (Prohibition of betting by bookmaker with 24
Amendment
infants) 25
Clause 33. Section 159, before `bookmaker'-- 26
insert-- 27
`racing'. 28
s 34 38 s 34
Racing and Betting Amendment
of ss 160 and 161 1
Replacement
Clause 34. Sections 160 and 161-- 2
omit, insert-- 3
`Division 9--Clubs to control racing venues and provisions about 4
sporting contingencies 5
by clubs and control bodies over racing bookmakers 6
`Control
`160.(1) Even though a person is licensed as a racing bookmaker-- 7
(a) the person may not carry on bookmaking at a racing venue 8
without the permission of the club holding a meeting at the venue; 9
and 10
(b) the club may impose conditions on the person for carrying on 11
bookmaking at that venue or exclude the racing bookmaker from 12
the venue. 13
`(2) However, despite a club's powers at a racing venue, the control body 14
responsible for registering the club may nominate and appoint a racing 15
bookmaker to field at a meeting held by the club if the control body 16
considers it justified to do so. 17
`(3) If a control body exercises its power under subsection (2), the 18
control body-- 19
(a) may direct the racing bookmaker to field in a particular place at 20
the racing venue; and 21
(b) may stipulate the betting service the racing bookmaker may offer 22
to the persons attending the meeting; and 23
(c) may impose other conditions on the racing bookmaker as the 24
control body considers appropriate in the circumstances. 25
`(4) To remove doubt, it is declared that an exercise of power by a control 26
body under subsection (2) or (3) prevails over the powers of the club under 27
subsection (1). 28
s 34 39 s 34
Racing and Betting Amendment
on certain declared sporting contingencies 1
`Bookmaking
`161.(1) A control body may declare a sporting contingency to be a 2
declared sporting contingency for which racing bookmakers licensed by the 3
control body may carry on bookmaking operations at a racing venue, 4
licensed by the control body, at a time when a lawful meeting is being held 5
at the venue. 6
`(2) Before a control body declares a sporting contingency to be a 7
declared sporting contingency, the control body must consider the 8
following-- 9
(a) whether declaring the sporting contingency brings, or has the 10
potential to bring, the code of racing or racing bookmakers 11
controlled by the control body into disrepute; 12
(b) whether declaring the sporting contingency will erode public 13
confidence in the Queensland racing industry; 14
(c) whether a decision about the result of the sporting contingency 15
can be relied on by the control body, racing bookmakers and the 16
public. 17
`(3) Written notice about the declaration of a sporting contingency by a 18
control body must be given by the control body-- 19
(a) by publication in the control body's racing calendar; or 20
(b) by giving each racing bookmaker licensed by the control body a 21
copy of the declaration. 22
`(4) A racing bookmaker must not carry on bookmaking on a sporting 23
contingency, other than a horse, trotting or greyhound race, unless-- 24
(a) the sporting contingency has been declared, under subsection (1), 25
by the control body that licensed the racing bookmaker to be a 26
declared sporting contingency; and 27
(b) the bookmaking is carried on at a racing venue licensed by the 28
control body at a time when a lawful meeting is being held at the 29
venue. 30
s 34 40 s 34
Racing and Betting Amendment
10--Miscellaneous 1
`Division
bookmaker's agent during certain periods 2
`Racing
`162.(1) This section applies if a racing bookmaker applies to the control 3
body that licensed the racing bookmaker to authorise a person to act as the 4
racing bookmaker's agent to conduct the bookmaking operations of the 5
racing bookmaker for a period. 6
`(2) The control body may authorise the person to act as the racing 7
bookmaker's agent to conduct the bookmaking operations of the racing 8
bookmaker for the period only if-- 9
(a) the racing bookmaker-- 10
(i) is temporarily incapacitated through illness or accident; or 11
(ii) is on vacation for a period that, together with any previous 12
period in which the racing bookmaker was on vacation, does 13
not exceed 12 weeks in any year; or 14
(iii) is temporarily unable, for reasons acceptable to the control 15
body, to conduct the bookmaking operations for a period not 16
exceeding 12 weeks; and 17
(b) the person nominated in the application as the racing bookmaker's 18
agent is licensed currently by the control body as the racing 19
bookmaker's clerk. 20
`(3) The application must be made in writing signed by the racing 21
bookmaker. 22
`(4) However, if a racing bookmaker is unable to conduct bookmaking 23
for a period due to incapacity caused by illness or accident, the control body 24
may waive the requirement of a written application signed by the racing 25
bookmaker if it is satisfied the person who signed and lodged the 26
application is acting for the racing bookmaker. 27
`(5) For this Act, the person authorised as the racing bookmaker's agent 28
is taken to be the racing bookmaker during the period stated in the authority. 29
`(6) To remove doubt, it is declared that the racing bookmaker's agent 30
does not need to hold an eligibility certificate to be authorised as the racing 31
bookmaker's agent. 32
s 34 41 s 34
Racing and Betting Amendment
body to give notice of certain actions about racing 1
`Control
bookmakers to gaming executive 2
`162A.(1) If a control body licences a person as a racing bookmaker, the 3
control body must give written notice of the licensing to the gaming 4
executive within 14 days of the date of the licence. 5
`(2) If a control body exercises disciplinary action in relation to a racing 6
bookmaker's licence, the control body must give written notice of the 7
disciplinary action to the gaming executive within 14 days of the date of the 8
action. 9
`(3) The notice under subsection (2) must state the control body's 10
reasons for the disciplinary action. 11
`(4) In this section-- 12
"disciplinary action", by a control body in relation to a racing 13
bookmaker's licence, means-- 14
(a) the cancellation, suspension or disqualification by the control 15
body of the racing bookmaker's licence; or 16
(b) other action by the control body relating to the racing 17
bookmaker's licence that is detrimental to the racing bookmaker. 18
executive may give information to control bodies about 19
`Gaming
racing bookmakers or applicants for eligibility certificates 20
`162B.(1) This section applies if, after an investigation under this part or 21
otherwise, the gaming executive has information about a racing bookmaker, 22
or applicant for an eligibility certificate, that the gaming executive considers 23
is appropriate to give to a control body that registers or licences the person 24
in any capacity. 25
`(2) The gaming executive may give the information to the control body. 26
of eligibility certificate 27
`Surrender
`162C.(1) A certificate holder may surrender the holder's eligibility 28
certificate by written notice given to the gaming executive. 29
`(2) The surrender of an eligibility certificate takes effect-- 30
s 34 42 s 34
Racing and Betting Amendment
(a) on the day the notice is given to the gaming executive; or 1
(b) if a later day of effect is stated in the notice--on the later day. 2
`(3) The gaming executive must give information about the surrender to 3
the control body or bodies that have licensed the certificate holder. 4
of fingerprints 5
`Destruction
`162D.(1) As soon as practicable after the gaming executive refuses to 6
grant an application for an eligibility certificate or an eligibility certificate is 7
cancelled, the gaming executive must destroy the fingerprints of any 8
individual who is-- 9
(a) the applicant or certificate holder; and 10
(b) a business associate or executive associate of the applicant or 11
certificate holder. 12
`(2) Also, if the gaming executive is satisfied an individual who was a 13
business associate or executive associate of an applicant or certificate holder 14
is no longer a business associate or executive associate, the gaming 15
executive must destroy the individual's fingerprints. 16
by gaming executive 17
`Delegation
`162E.(1) The gaming executive may delegate the gaming executive's 18
powers under this part to an appropriately qualified public service employee. 19
`(2) In this section-- 20
"appropriately qualified" includes having the qualifications, experience or 21
standing appropriate to exercise the power. 22
23
Example of `standing'--
24
A person's classification level in a department.
of forms for pt 4 25
`Approval
`162F. The gaming executive may approve forms for this part.'. 26
s 35 43 s 36
Racing and Betting Amendment
of s 213 (Application of this part and saving) 1
Amendment
Clause 35.(1) Section 213(1)(c), before `bookmaker'-- 2
insert-- 3
`racing'. 4
(2) Section 213(1)(c), `, greyhound course or athletic ground'-- 5
omit, insert-- 6
`or greyhound course'. 7
(3) Section 213(2)(a)-- 8
omit, insert-- 9
`(a) the Charitable and Non-Profit Gaming Act 1999; or'. 10
of s 214 (Unlawful bookmaking) 11
Replacement
Clause 36. Section 214-- 12
omit, insert-- 13
bookmaking by persons other than racing bookmakers etc. 14
`Unlawful
`214.(1) A person must not carry on bookmaking unless the person is-- 15
(a) a racing bookmaker; or 16
(b) a director of a corporation, that is a racing bookmaker, lawfully 17
acing under the racing bookmaker's licence; or 18
(c) a racing bookmaker's clerk or another person who is an agent or 19
employee of a racing bookmaker, lawfully acting under the racing 20
bookmaker's licence. 21
`(2) A person mentioned in subsection (1)(b) or (c) must not carry on 22
bookmaking unless the racing bookmaker, under whose licence the person 23
is acting, may carry on bookmaking. 24
bookmaking by racing bookmakers 25
`Unlawful
`214A. A racing bookmaker must not carry on bookmaking unless-- 26
(a) at the time the racing bookmaker carries on bookmaking the place 27
s 37 44 s 40
Racing and Betting Amendment
at which the racing bookmaker carries on bookmaking is a racing 1
venue licensed by the control body that licensed the racing 2
bookmaker; and 3
(b) at the place when the racing bookmaker is carrying on 4
bookmaking-- 5
(i) a meeting is lawfully held, or is taken to be lawfully held, 6
under this Act; and 7
(ii) betting with racing bookmakers is lawful, or taken to be 8
lawful, under this Act. 9
Maximum penalty--400 penalty units.'. 10
of s 215 (Common betting house) 11
Amendment
Clause 37. Section 215(2), `a bookmaker at any racing venue or athletic 12
ground'-- 13
omit, insert-- 14
`a racing bookmaker at any racing venue'. 15
of s 229 (Offences relating to officers and records) 16
Amendment
Clause 38. Section 229(1)(d), `the commissioner or'-- 17
omit. 18
of s 241 (Liability of bookmaker for offence by agent or 19
Amendment
employee) 20
Clause 39. Section 241, before `bookmaker'-- 21
insert-- 22
`racing'. 23
of s 249 (Circumstances in which bookmaker may sue or 24
Amendment
be sued) 25
Clause 40.(1) Section 249, heading, before `bookmaker'-- 26
s 41 45 s 42
Racing and Betting Amendment
insert-- 1
`racing'. 2
(2) Section 249, `or athletic ground'-- 3
omit. 4
of s 256 (Evidentiary provisions) 5
Amendment
Clause 41.(1) Section 256(b)(ii)-- 6
omit. 7
(2) Section 256(g)-- 8
omit. 9
(3) Section 256(h)-- 10
omit. 11
(4) Section 256(j)(ii), before `bookmaker'-- 12
insert-- 13
`racing'. 14
(5) Section 256(k)(ii)(A), `, greyhound meeting or athletic meeting'-- 15
omit, insert-- 16
` or greyhound meeting'. 17
of s 257 (Regulations) 18
Amendment
Clause 42.(1) Section 257(2)(n), `, chief executive or commissioner'-- 19
omit, insert-- 20
`or chief executive'. 21
(2) Section 257(2)(q), (u) and (v), before `bookmakers'-- 22
insert-- 23
`racing'. 24
s 43 46 s 43
Racing and Betting Amendment
of pt 8, div 6 1
Replacement
Clause 43. Part 8, division 6-- 2
omit, insert-- 3
`Division 6--Transitional provisions for the Racing and Betting 4
Amendment Act 2000 and other relevant amendments 5
for division 6
`Definition
`273. In this division-- 7
"repeal" means the omission of the Racing and Betting Act 1980, part 4, 8
division 2.2 9
of division 10
`Purpose
`274.(1) The purpose of this division is to provide for transitional 11
provisions because of the Racing and Betting Amendment Act 2000 and the 12
repeal. 13
`(2) In particular, this division is to provide that-- 14
(a) persons who, immediately before 1 July 2000, are licensed as 15
bookmakers and bookmakers' clerks, continue to be licensed as 16
racing bookmakers and racing bookmakers' clerks; and 17
(b) a liability relating to bookmaker's turnover tax arising before 18
1 July 2000 continues and action may be taken under this Act as 19
if this Act had not been amended by the Racing and Betting 20
Amendment Act 2000 and GST and Related Matters Act 2000 in 21
relation to the liability. 22
`(3) To remove doubt, it is declared that this division does not limit the 23
Acts Interpretation Act 1954, part 6.3 24
2 Part 4 (Bookmakers), division 2 (Bookmaker's turnover tax) is omitted by the
GST and Related Matters Act 2000, schedule 3.
3 Acts Interpretation Act 1954, part 6 (Amendment and repeal of Acts)
s 43 47 s 43
Racing and Betting Amendment
to bookmakers and bookmakers' clerks 1
`References
`275. A reference in an Act or other document-- 2
(a) to a bookmaker's licence may, if the context permits, be read as a 3
racing bookmaker's licence; and 4
(b) to a bookmaker's clerk may, if the context permits, be read as a 5
racing bookmaker's clerk. 6
of bookmakers and bookmakers' clerks 7
`Licensing
`276.(1) A person who, immediately before 1 July 2000, is licensed by a 8
control body as a bookmaker-- 9
(a) continues to be licensed by the control body as a racing 10
bookmaker; and 11
(b) is taken to be the holder of an eligibility certificate that can not 12
lapse under section 155.4 13
`(2) A person who, immediately before 1 July 2000, is licensed by a 14
control body as a bookmaker's clerk continues to be licensed by the control 15
body as a racing bookmaker's clerk. 16
`(3) A person to whom subsection (1) applies is a certificate holder who 17
is a racing bookmaker. 18
of bookmaker's agent 19
`Continuation
`277.(1) This section applies to a person who, before 1 July 2000, was 20
authorised under section 145 to act as a bookmaker's agent for a bookmaker 21
for a period that did not end before 1 July 2000. 22
`(2) The person is taken to be authorised, under section 162, as a 23
bookmaker's agent for the racing bookmaker for the remaining period of 24
the authority. 25
`(3) Subsection (2) applies subject to the written authority under 26
section 145. 27
4 Section 155 (Date by which certificate holder must apply for racing bookmaker's
licence)
s 43 48 s 43
Racing and Betting Amendment
application for bets before repeal 1
`Continuing
`278.(1) This section applies in relation to every bet made by or for a 2
bookmaker before 1 July 2000. 3
`(2) The provisions of this Act, including provisions creating offences, 4
that would have applied before 1 July 2000 in relation to the bet and the 5
liability for the bookmaker's turnover tax relating to the bet, apply as if this 6
Act had not been amended by the Racing and Betting Amendment Act 2000 7
and the GST and Related Matters Act 2000. 8
`(3) To remove doubt, it is declared that the following apply as if this Act 9
had not been amended by the Racing and Betting Amendment Act 2000 and 10
the GST and Related Matters Act 2000-- 11
(a) the bookmaker with or for whom the bet was made-- 12
(i) must do all things relating to the bet that the bookmaker 13
would have had to have done if this Act had not been so 14
amended, including, for example, keeping appropriate 15
records; and 16
(ii) is liable for the bookmaker's turnover tax relating to the bet 17
and may become liable for penalties for a late payment of the 18
tax; 19
(b) a person, other than a bookmaker, who must do a thing relating to 20
the bet, or a liability for bookmaker's turnover tax relating to the 21
bet, must do the thing; 22
(c) a person who could, before 1 July 2000, exercise a power relating 23
to a bet, or a liability for bookmaker's turnover tax relating to the 24
bet, may exercise the power, including, for example, a power 25
under a delegation under section 7A5 before the commencement. 26
`(4) Also, to remove doubt, it is declared that a person may become liable 27
for an offence relating to a matter that the person must do after the 28
commencement because of the application of subsection (2). 29
5 Section 7A (Delegation by commissioner)
s 44 49 s 46
Racing and Betting Amendment
application about auditing clubs and providing certain 1
`Continuing
information 2
`279.(1) Section 131 continues to apply to each club in relation to the 3
1999-2000 financial year as if the Act had not been amended by the Racing 4
and Betting Amendment Act 2000. 5
(2) Section 133 has effect in relation to an entity mentioned in the section 6
if the request, enquiry or investigation is about a matter that arose before 7
1 July 2000, or a matter to which section 278 applies, as if the Act had not 8
been amended by the Racing and Betting Amendment Act 2000.'. 9
PART 3--AMENDMENT OF POLICE POWERS AND 10
RESPONSIBILITIES ACT 2000 11
amended in pt 3 12
Act
Clause 44. This part amends the Police Powers and Responsibilities Act 2000. 13
of sch 3 (Acts amended after assent) 14
Amendment
Clause 45. Schedule 3, amendment of the Racing and Betting Act 1998, 15
amendments 1 to 5-- 16
omit. 17
PART 4--AMENDMENT OF WAGERING ACT 1998 18
amended in pt 4 19
Act
Clause 46. This part amends the Wagering Act 1998. 20
s 47 50 s 47
Racing and Betting Amendment
of s 12 (Relationship with other laws) 1
Amendment
Clause 47. Section 12(2), before `bookmaker's licence'-- 2
insert-- 3
`racing'. 4
5
© State of Queensland 2000
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