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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
GAMING CONTROL AMENDMENT (BETTING
EXCHANGE) BILL 2005
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 GAMING CONTROL ACT 1993 AMENDED
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 76VA inserted
76VA. Authority of Tasmanian gaming licence with betting
exchange endorsement
6. Part 4A, Division 5 inserted
Division 5 Betting exchange operations
Subdivision 1 Introductory
76ZDA. Application of Division
76ZDB. Interpretation of Division
Subdivision 2 Licensing provisions
76ZDC. Special conditions
76ZDD. Betting exchange commission
Subdivision 3 Licensing of employees
76ZDE. Certain employees to be issued with special
employee's licence
76ZDF. Certain employees to be issued with technician's
licence
Subdivision 4 Miscellaneous
76ZDG. Offshore computer equipment
[Bill 78]-III
76ZDH. Self-exclusion from brokered wagering
76ZDI. Third-party exclusion from brokered wagering
76ZDJ. Revocation of betting exchange exclusion orders
76ZDK. Register of persons excluded from betting exchange
wagering
Subdivision 5 Offences
76ZDL. Restrictions on brokered wagering
76ZDM. Restrictions on wagering by interested persons
7. Section 76ZK amended (Self-limit on wagers by player)
8. Sections 76ZQA and 76ZQB inserted
76ZQA. Freezing wagering funds held by licensed provider
76ZQB. Freezing wagering funds held by third party
9. Section 76ZT amended (Power to withhold prize)
10. Section 76ZU amended (Keeping register of players)
11. Section 76ZZ repealed
12. Section 76ZZAA amended (Trading accounts)
13. Section 76ZZF amended (Approval of games and rules)
14. Section 112A amended (Interpretation of Division)
15. Section 112T amended (Disciplinary action)
16. Section 141 amended (Records to be kept on the premises)
17. Section 148A amended (Annual Tasmanian gaming licence fee)
18. Section 150A amended (Taxation in respect of Tasmanian
gaming licence)
19. Section 150AB amended (Set off for goods and services tax in
respect of Tasmanian gaming licence)
20. Section 150AC inserted
150AC. Betting exchange product levy
21. Section 151 amended (Community support levy)
22. Section 152 inserted
152. Contributions to Tasmanian racing industry
23. Section 165 amended (Inducements, cheating, &c.)
24. Section 174 amended (Regulations)
PART 3 TOTE TASMANIA (RACING REGULATION) ACT 2004
AMENDED
25. Principal Act
2
26. Section 11A inserted
11A. Treasurer's contributions
3
4
GAMING CONTROL AMENDMENT (BETTING
EXCHANGE) BILL 2005
(Brought in by the Treasurer, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Gaming Control Act 1993 to make
provision for the licensing and operation of betting
exchanges and to consequentially amend the TOTE
Tasmania (Racing Regulation) Act 2004
Be it enacted by His Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
PART 1 PRELIMINARY
1. Short title
This Act may be cited as the Gaming Control
Amendment (Betting Exchange) Act 2005.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 78] 5
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Exchange)
PART 2 GAMING CONTROL ACT 1993 AMENDED
3. Principal Act
In this Part, the Gaming Control Act 1993* is
referred to as the Principal Act.
4. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by omitting the definition of "authorised
deposit-taking institution";
(b) by inserting the following definitions
after the definition of "authorized
person":
"betting exchange" has the meaning
given by section 76ZDB;
"betting exchange commission" has
the meaning given by
section 76ZDB;
"betting exchange operator" has the
meaning given by
section 76ZDB;
"broker wagering" has the meaning
given by section 76ZDB;
*No. 94 of 1993
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2005 Gaming Control Amendment (Betting No. s. 4
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"brokered wagering event" has the
meaning given by
section 76ZDB;
(c) by omitting the definition of
"contravene";
(d) by omitting the definition of "fee unit";
(e) by omitting the definition of "gaming
activity" and substituting the following
definition:
"gaming activity" means
(a) the wagering in a
contingency relating to a
sports event, fixed odds
wagering event, simulated
game, major lottery, pools
or prescribed event
(where the event,
simulated game, major
lottery, pools or
prescribed event is not a
prohibited gaming
activity); and
(b) the wagering in a
contingency relating to a
brokered wagering event
(where the event is not a
prohibited gaming
activity);
(f) by inserting the following paragraph after
paragraph (d) in the definition of
"gaming endorsement":
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(da) a betting exchange endorsement;
and
(g) by omitting the definition of "player" and
substituting the following definition:
"player" means a person who
(otherwise than as a licensed
provider or the employee of a
licensed provider)
(a) wagers on an approved
sports event, fixed odds
wagering event, major
lottery, pools, prescribed
event or simulated game;
or
(b) wagers, through a betting
exchange, on a brokered
wagering event;
(h) by inserting the following definition after
the definition of "ticket":
"TOTE Tasmania" means the
company formed under section 6
of the TOTE Tasmania Act 2000
as TOTE Tasmania Pty. Ltd.;
(i) by inserting the following definition after
the definition of "wager":
"wagering funds", of a registered
player, means
(a) funds deposited or
transferred for wagering
purposes; and
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2005 Gaming Control Amendment (Betting No. s. 5
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(b) funds obtained from
winning wagers;
5. Section 76VA inserted
After section 76V of the Principal Act, the
following section is inserted in Division 4:
76VA. Authority of Tasmanian gaming licence with
betting exchange endorsement
A Tasmanian gaming licence endorsed
with a betting exchange endorsement
authorises the licensed provider, subject
to this Act and any conditions to which
the Tasmanian gaming licence is subject,
to
(a) operate a betting exchange by
way of a telecommunications
device; and
(b) broker wagering through that
betting exchange; and
(c) do all things necessarily
incidental to carrying on the
activities referred to in
paragraphs (a) and (b).
6. Part 4A, Division 5 inserted
After section 76ZC of the Principal Act, the
following Division is inserted in Part 4A:
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Division 5 Betting exchange operations
Subdivision 1 Introductory
76ZDA. Application of Division
This Division applies to a Tasmanian
gaming licence with a betting exchange
endorsement.
76ZDB. Interpretation of Division
In this Division
"approved form" means a form
approved by the Commission;
"betting exchange" means a facility
that enables persons to
(a) place or accept, through
the betting exchange
operator, wagers with
other persons; or
(b) place with the betting
exchange operator wagers
that, on acceptance, are
matched with opposing
wagers placed with and
accepted by the operator
(so as to offset all risk to
the operator);
"betting exchange commission"
means commission that, under
section 76ZDD, a betting
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exchange operator is entitled to in
respect of brokered wagering;
"betting exchange exclusion order"
means an order made by the
Commission under
section 76ZDI(3)(a);
"betting exchange operator" means
the holder of a Tasmanian
gaming licence with a betting
exchange endorsement;
"broker wagering" means, by means
of a betting exchange, to broker
wagering between persons
(a) directly (as in the manner
referred to in paragraph
(a) of the definition of
"betting exchange"); or
(b) indirectly, by matching
opposing bets placed with
and accepted by the
betting exchange operator
(as in the manner referred
to in paragraph (b) of the
definition of "betting
exchange");
"brokered wagering event" means a
competition or event, whether of
a sporting or non-sporting kind,
in respect of which a betting
exchange operator brokers
wagering;
11
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"excluded person", in relation to a
betting exchange operator, means
a person who is excluded from
wagering through the operator's
betting exchange because of
(a) a betting exchange self-
exclusion notice; or
(b) a betting exchange
exclusion order;
"instruct" means instruct by
instrument in writing;
"lead-in period", in relation to a
betting exchange operator, means
the 12-month period immediately
following the date on which the
operator's Tasmanian gaming
licence is first endorsed with a
betting exchange endorsement;
"regulatory Agency" means
(a) the Commission; or
(b) the Director of Racing
appointed under section 5
of the Racing Regulation
Act 2004; or
(c) a Council within the
meaning of the Racing
Regulation Act 2004; or
(d) another person or body,
nominated by the
Commission, that, either
in this State or elsewhere,
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exercises powers or
performs functions in
respect of the conduct of
racing or gaming
activities;
"Tasmanian betting exchange
operations", of a betting
exchange operator, means the
brokered wagering conducted
under the operator's betting
exchange endorsement;
"wagering rules" means rules that a
licensed provider is required to
have in place pursuant to
section 76ZDC(d).
Subdivision 2 Licensing provisions
76ZDC. Special conditions
A Tasmanian gaming licence with a
betting exchange endorsement is, in
addition to any other conditions it may
have, subject to the following special
conditions:
(a) the licensed provider must only
broker wagering for registered
players;
(b) the wagering funds of registered
players must be held in trust by
the licensed provider (or by an
agent of the licensed provider
approved by the Commission)
and must not be disbursed or
13
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otherwise dealt with except as
authorised under this Act or as
the Commission, by instrument in
writing, from time to time
authorises;
(c) for the purposes of paragraph (b),
an account used for the licensed
provider's Tasmanian betting
exchange operations must
(i) not be used for any other
purposes; and
(ii) be maintained with an
authorised deposit-taking
institution that carries on
business in Australia, at a
branch or office of that
institution that is
physically located in
Tasmania; and
(iii) be independently audited
at least once every 12
months, and at such other
times as the Commission
may instruct;
(d) the licensed provider must have
in place wagering rules for each
brokered wagering event and its
contingencies and ensure that
registered players can consult
those rules electronically;
(e) the licensed provider must ensure
that the Commission is able to
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2005 Gaming Control Amendment (Betting No. s. 6
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inspect the wagering rules
electronically at any time;
(f) the Commission, in its discretion,
may, by means of an instruction,
disallow any wagering rules that
it considers to be
(i) oppressive or unfair; or
(ii) inadequate or incomplete;
or
(iii) misleading, inaccurate or
poorly drafted; or
(iv) unsatisfactory on other
grounds;
(g) the licensed provider must not
broker wagering under
disallowed wagering rules;
(h) the licensed provider must not
broker wagering in respect of a
contingency for which there are
no wagering rules;
(i) any wagering that occurs under
wagering rules before their
disallowance is to be settled as
the Commission, either generally
or in the specific case and
whether before or after the
settlement of wagering, instructs;
(j) the Commission, in its discretion,
may instruct the licensed provider
not to broker wagering on a
competition or event that the
15
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Commission considers is not a fit
subject for betting exchange
wagering and the licensed
provider must comply with that
instruction;
(k) any wagering that occurs in
respect of brokered wagering
events before their prohibition
under paragraph (j) is to be
settled as the Commission, either
generally or in the specific case
and whether before or after the
settlement of wagering, instructs;
(l) the licensed provider must not
broker wagering on contingencies
relating to
(i) competitions or events
held in Tasmania that are
unlawful; or
(ii) competitions or events
held elsewhere that
would, if they were to be
held in Tasmania, be
unlawful;
(m) the licensed provider must, in
taking any betting exchange
commission authorised under
section 76ZDD, comply with
such conditions as the
Commission specifies in the
authorisation;
(n) the licensed provider must, for
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(i) the purpose of ensuring
the probity of brokered
wagering and brokered
wagering events; and
(ii) other purposes determined
by the Commission
furnish such regulatory Agencies
with such information in such
time and manner as the
Commission from time to time
instructs the licensed provider;
(o) the Commission may, for fee or
otherwise, for
(i) the purpose of ensuring
the probity of brokered
wagering and brokered
wagering events; and
(ii) other purposes determined
by the Commission
furnish another regulatory
Agency with information
furnished to the Commission by
the licensed provider.
76ZDD. Betting exchange commission
(1) A Tasmanian gaming licence with a
betting exchange endorsement entitles its
holder to such commission in respect of
brokered wagering as the Commission
from time to time authorises in writing.
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(2) Authorisations under subsection (1) may
be of
(a) general application; or
(b) specific application, with the
result that different rates of
commission may apply in such
different circumstances (whether
as to time, wagering category or
otherwise) as are specified in the
authorisations.
Subdivision 3 Licensing of employees
76ZDE. Certain employees to be issued with special
employee's licence
(1) This section applies to a person who is
employed by a betting exchange operator
during the lead-in period to exercise or
perform a function (referred to in this
section as "the function") of a special
employee for the operator's Tasmanian
betting exchange operations.
(2) The Commission, as soon as practicable
after the commencement of the lead-in
period or, if applicable, after the person
is employed, is to issue the person with a
special employee's licence under
Division 3 of Part 4 authorising the
person to exercise or perform the
function.
(3) The special employee's licence so issued
remains in force only for the duration of
the lead-in period but, for the avoidance
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of doubt, sections 56, 56A, 60, 64 and 65
apply to that licence.
(4) Until the Commission issues the special
employee's licence, the person is taken to
be the holder of a provisional special
employee's licence under Division 3 of
Part 4 authorising the person to exercise
or perform the function.
(5) Expressions that are defined in
Division 3 of Part 4 and used in this
section have the same meaning in this
section as they have in that Division.
76ZDF. Certain employees to be issued with
technician's licence
(1) This section applies to a person who is
employed by a betting exchange operator
during the lead-in period to exercise or
perform a function of a technician
(referred to in this section as "the
function") for the operator's Tasmanian
betting exchange operations.
(2) The Commission, as soon as practicable
after the start of the lead-in period or, if
applicable, after the person is employed,
is to issue the person with a technician's
licence under Division 4 of Part 4
authorising the person to exercise or
perform the function.
(3) The technician's licence so issued
remains in force only until the end of the
lead-in period but, for the avoidance of
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doubt, sections 56, 56A, 60, 64 and 65
apply, with any necessary modification,
to that licence.
(4) Until the Commission issues the
technician's licence, the person is taken
to be the holder of a provisional
technician's licence under Division 4 of
Part 4 authorising the person to exercise
or perform the function.
(5) Expressions that are defined in
Division 4 of Part 4 and used in this
section have the same meaning in this
section as they have in that Division.
Subdivision 4 Miscellaneous
76ZDG. Offshore computer equipment
(1) A betting exchange operator may, with
the written approval of the Commission,
use offshore computer equipment for
Tasmanian betting exchange operations.
(2) A betting exchange operator who uses
offshore computer equipment for
Tasmanian betting exchange operations
pursuant to a permission under
subsection (1) must comply with such
instructions as the Commission may from
time to time give the betting exchange
operator regarding that computer
equipment and its use.
Penalty: Fine not exceeding 10 000
penalty units.
(3) In this section
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2005 Gaming Control Amendment (Betting No. s. 6
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"computer equipment" includes a
class of computer equipment;
"offshore computer equipment"
means a computer, computer
server or other computer
equipment located outside
Tasmania.
76ZDH. Self-exclusion from brokered wagering
(1) A registered player may, by written
notice to a betting exchange operator
(a) bar himself or herself from
wagering with the betting
exchange operator; or
(b) revoke such a bar.
(2) A notice under subsection (1)(a) is called
a "betting exchange self-exclusion
notice" and a notice under
subsection (1)(b) is called a "betting
exchange self-exclusion revocation
notice".
(3) A betting exchange self-exclusion notice
or betting exchange self-exclusion
revocation notice takes effect when it is
received by the betting exchange
operator.
(4) As soon as practicable (and in any event
no later than 3 days) after receiving a
betting exchange self-exclusion notice, a
betting exchange operator must
21
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(a) remove the name of the person
who has given the notice from the
register kept under section 76ZU;
and
(b) ensure that all persons employed
by the operator in connection
with Tasmanian betting exchange
operations know of the notice;
and
(c) give written notice or a copy of
the notice to the Commission.
Penalty: Fine not exceeding 10 000
penalty units.
(5) A betting exchange operator that receives
a betting exchange self-exclusion notice
must ensure that, as soon as practicable
after the determination of any
outstanding wagers of the excluded
person and the deduction of authorised
commission and statutory charges
(a) the excluded person's betting
exchange wagering account is
closed; and
(b) any wagering funds standing to
the credit of that account
immediately before its closure are
remitted to the excluded person.
Penalty: Fine not exceeding 10 000
penalty units.
(6) As soon as practicable after receiving a
betting exchange self-exclusion
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revocation notice, the betting exchange
operator is to
(a) restore the name of the person
who has given the notice to the
register kept under section 76ZU;
and
(b) ensure that all persons employed
by the operator in connection
with Tasmanian betting exchange
operations know of the notice;
and
(c) give written notice or a copy of
the notice to the Commission.
(7) Despite any other provision of this
section, a betting exchange self-exclusion
notice is not capable of being revoked
within 6 months after it is given.
(8) For the avoidance of doubt, a reference
in this section to a written notice includes
a reference to an email, fax or other form
of electronic notice.
76ZDI. Third-party exclusion from brokered
wagering
(1) A person who has a close personal
interest in the welfare of another person
who wagers through betting exchanges
may, in an approved form, apply to the
Commission for an order to prohibit that
other person from engaging in that kind
of wagering.
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(2) The Commission must, on receipt of the
application, provide the affected person
with a written notice
(a) informing the affected person of
the making of the application and
the reasons for it; and
(b) inviting the affected person to
make representations to the
Commission about the
application within the reasonable
time specified in the notice.
(3) After considering representations made
by the applicant and the affected person,
the Commission must
(a) if it is satisfied that it is in the
public interest and the interests of
the affected person to do so,
make an order (called a "betting
exchange exclusion order")
prohibiting the affected person
from wagering through betting
exchanges; or
(b) if it is not so satisfied, refuse the
application.
(4) The Commission must, if the application
is refused, notify the applicant and the
affected person in writing of that refusal
and the reasons for it.
(5) The Commission must, on making a
betting exchange exclusion order,
provide a copy of it to
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2005 Gaming Control Amendment (Betting No. s. 6
Exchange)
(a) the applicant; and
(b) the affected person; and
(c) each betting exchange operator.
(6) As soon as practicable (and in any event
no later than 3 days) after receiving a
copy of a betting exchange exclusion
order from the Commission, a betting
exchange operator must
(a) ensure that all persons employed
by the operator in connection
with Tasmanian betting exchange
operations know of the order; and
(b) remove the affected person's
name from the register kept under
section 76ZU.
Penalty: Fine not exceeding 10 000
penalty units.
(7) A betting exchange operator that receives
a copy of a betting exchange exclusion
order from the Commission must ensure
that, as soon as practicable after the
determination of any outstanding wagers
of the affected person and the deduction
of authorised commission and statutory
charges
(a) the affected person's betting
exchange wagering account is
closed; and
(b) any wagering funds standing to
the credit of that account
25
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immediately before its closure are
remitted to the affected person.
Penalty: Fine not exceeding 10 000
penalty units.
(8) A betting exchange exclusion order has
effect until it is revoked under
section 76ZDJ.
(9) In this section
"affected person" means, according
to the context, the person in
respect of whom
(a) an application for a betting
exchange exclusion order is
made; or
(b) a betting exchange exclusion
order is made and in force.
76ZDJ. Revocation of betting exchange exclusion
orders
(1) This section applies if a betting exchange
exclusion order is in force.
(2) The person who applied for the order or
the affected person may, in an approved
form, apply to the Commission to have it
revoked.
(3) The Commission must, on receipt of the
application, provide the respondent with
a written notice
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2005 Gaming Control Amendment (Betting No. s. 6
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(a) informing the respondent of the
making of the application and the
reasons for it; and
(b) inviting the respondent to make
representations to the
Commission about the
application within the reasonable
time specified in the notice.
(4) After considering representations made
by the applicant and the respondent, the
Commission must
(a) if it is satisfied that it is in the
public interest and the interests of
the affected person to do so,
make an order (called a
"revocation order") revoking the
betting exchange exclusion order;
or
(b) if it is not so satisfied, refuse the
application.
(5) The Commission must, if the application
is refused, notify the applicant and
respondent in writing of that refusal and
the reasons for it.
(6) The Commission must, on making a
revocation order, provide a copy of it to
(a) the applicant; and
(b) the respondent; and
(c) each betting exchange operator.
(7) In this section
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"affected person" means the person
in respect of whom a betting
exchange exclusion order is in
force;
"respondent", in relation to an
application for revocation under
subsection (2), means whichever
of the following persons was not
the applicant:
(a) the affected person;
(b) the person who applied
for the relevant betting
exchange exclusion order.
76ZDK. Register of persons excluded from betting
exchange wagering
A betting exchange operator must
(a) keep an up-to-date register of
excluded persons; and
(b) ensure that the Commission is
able to inspect that register
electronically at any time.
Penalty: Fine not exceeding 10 000
penalty units.
Subdivision 5 Offences
76ZDL. Restrictions on brokered wagering
A betting exchange operator must not
28
2005 Gaming Control Amendment (Betting No. s. 6
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(a) broker wagering by or between
persons who are not registered
players; or
(b) cause or allow persons who are
not registered players to engage
in wagering through a betting
exchange operated by the betting
exchange operator; or
(c) solicit, by direct advertising,
direct inducements or other direct
means, excluded persons to
engage in wagering through a
betting exchange.
Penalty: In the case of
(a) a first offence, a fine not
exceeding 10 000 penalty
units; and
(b) a subsequent offence, a
fine not exceeding 50 000
penalty units.
76ZDM. Restrictions on wagering by interested
persons
(1) A person must not wager through a
betting exchange if the person is a direct
participant in the brokered wagering
event to which the wager relates.
Penalty: Fine not exceeding 10 000
penalty units or imprisonment for
a term not exceeding 4 years, or
both.
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(2) A person who has an interest in the
outcome of a brokered wagering event
must not, through a betting exchange,
place or accept a wager of a kind that
could reasonably be taken to constitute
an inducement for
(a) a human competitor in the event
(i) to withdraw from, become
disqualified for or fail to
participate in the event; or
(ii) not to participate in the
event to the best of the
human competitor's
ability; or
(iii) to interfere with or
jeopardise, contrary to the
rules of the event, the
performance of other
human competitors, or
any non-human
competitors, in the event;
or
(iv) to commit an offence
against section 165; or
(b) an official in the event
(i) not to officiate in the
event impartially; or
(ii) to commit an offence
against section 165.
Penalty: Fine not exceeding 10 000
penalty units or imprisonment for
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2005 Gaming Control Amendment (Betting No. s. 6
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a term not exceeding 4 years, or
both.
(3) The owner of a horse or greyhound must
not wager through a betting exchange
that, in a race or event in which the horse
or greyhound is competing or entered to
compete, the horse or greyhound will fail
to
(a) win first place; or
(b) be placed second; or
(c) be placed third; or
(d) win first place or be placed
second or third; or
(e) win first place or be placed
second; or
(f) win first place or be placed third;
or
(g) be placed second or third.
Penalty: Fine not exceeding 10 000
penalty units or imprisonment for
a term not exceeding 4 years, or
both.
(4) A betting exchange operator must inform
the Commission immediately if the
operator knows or reasonably suspects
that a person has placed or accepted, or is
trying to place or accept, a wager of the
kind referred to in subsection (1), (2) or
(3) through the operator's betting
exchange.
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Penalty: Fine not exceeding 10 000
penalty units.
(5) For the purposes of this section, a person
is taken to have an interest in the
outcome of a brokered wagering event if
the person is
(a) a direct or indirect participant in
the event; or
(b) an associate of a direct or indirect
participant in the event.
(6) For the purposes of this section, a person
is another person's associate if the first-
mentioned person
(a) holds or will hold any relevant
financial interest, or is or will be
entitled to exercise any relevant
power (whether in right of the
first-mentioned person or on
behalf of any other person) in a
business of the other person, and
by virtue of that interest or
power, is able or will be able to
exercise a significant influence
over or with respect to the
management or operation of that
business; or
(b) holds or will hold any relevant
position (whether in right of the
first-mentioned person or on
behalf of any other person) in a
business of the other person; or
(c) is a relative of the other person.
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2005 Gaming Control Amendment (Betting No. s. 6
Exchange)
(7) In this section
"competitor" includes, in the case of
a horse race, a jockey or driver of
a horse competing or entered to
compete in the race;
"direct participant", in a brokered
wagering event, means
(a) in the case of a horse race,
a licensed person who
trains, rides, drives or
performs another function
in respect of a horse in the
race; or
(b) in the case of a greyhound
race, a licensed person
who, other than as an
owner, trains or performs
another function in
respect of a greyhound in
the race; or
(c) in any other case, a person
who
(i) competes in the
event; or
(ii) is entitled, under
the rules of the
event, to give
direct technical or
logistical support
to a person
competing in the
33
s. 6 No. Gaming Control Amendment (Betting 2005
Exchange)
event while it is
underway;
Example 1 The members of pit crews in a motor race give
direct technical and logistical support to the
drivers competing in that race.
"indirect participant", in a brokered
wagering event, means a person
who, though not a direct
participant in the event, is capable
of influencing or deciding the
outcome of the event or the
outcome of a contingency relating
to that event;
Example 2 A team doctor or physiotherapist, a
sportsground curator, an official, a member of
a tribunal that hears protests or appeals
concerning rules, disqualifications or results.
"licensed" means licensed or
registered under
(a) the Rules of Racing within
the meaning of the Racing
Regulation Act 2004; or
(b) rules in force in another
State, or in a Territory,
that are equivalent or
substantially equivalent to
the rules referred to in
paragraph (a);
"official" includes marshal, scorer,
steward, time-keeper and umpire;
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2005 Gaming Control Amendment (Betting No. s. 6
Exchange)
"partner" means the person with
whom a person is in a personal
relationship within the meaning
of the Relationships Act 2003;
"relative" means spouse, partner,
parent, child or sibling (whether
of the full or half blood);
"relevant financial interest", in
relation to a business, means
(a) any share in the capital of
the business; or
(b) any entitlement to receive
any income derived from
the business;
"relevant position", in relation to a
business, means the position of
director, manager or other
executive position or secretary,
however that position is
designated in that business;
"relevant power" means any power,
whether exercisable by voting or
otherwise and whether
exercisable alone or in
association with others
(a) to participate in a
directorial, managerial or
executive decision; or
(b) to elect or appoint any
person to any relevant
position.
35
s. 7 No. Gaming Control Amendment (Betting 2005
Exchange)
(8) The examples in subsection (7) are a part
of the law.
7. Section 76ZK amended (Self-limit on wagers by
player)
Section 76ZK of the Principal Act is amended as
follows:
(a) by omitting subsections (1) and (2) and
substituting the following subsection:
(1) A registered player may, by
written notice to a licensed
provider, set an amount in dollars
to be the player's net loss limit
for wagers made with or through
the provider in respect of a
calendar month nominated by the
player.
(b) by omitting from subsection (3) "limit"
and substituting "net loss limit";
(c) by omitting from subsection (4) "limit"
first occurring and substituting "net loss
limit";
(d) by omitting subsection (5) and
substituting the following subsection:
(5) A notice setting, amending or
revoking a net loss limit under
this section takes effect when it is
received by the licensed provider.
(e) by inserting the following subsection
after subsection (6):
36
2005 Gaming Control Amendment (Betting No. s. 8
Exchange)
(7) For the avoidance of doubt, a
reference in this section to a
written notice includes a
reference to an email, fax or
electronic notice.
8. Sections 76ZQA and 76ZQB inserted
After section 76ZQ of the Principal Act, the
following sections are inserted in Division 8:
76ZQA. Freezing wagering funds held by licensed
provider
(1) This section applies where a licensed
provider holds any wagering funds of a
registered player.
(2) The Commission, by notice in writing,
may instruct the licensed provider to
freeze some or all of the wagering funds
for such period as the Commission
specifies in the notice.
(3) The licensed provider must comply with
an instruction under subsection (2).
Penalty: Fine not exceeding 10 000
penalty units.
(4) The licensed provider may, for such
period as it thinks fit, freeze some or all
of the wagering funds if the licensed
provider is satisfied that there are
(a) reasonable grounds for suspecting
that the funds, or any of them,
37
s. 8 No. Gaming Control Amendment (Betting 2005
Exchange)
have been acquired in a manner
that contravenes this Act; or
(b) other reasonable grounds that
justify freezing the funds.
(5) On freezing some or all of the wagering
funds pursuant to subsection (4), the
licensed provider must
(a) give the Commission a notice in
writing within 24 hours
(i) stating that the funds have
been frozen; and
(ii) identifying the registered
player and the funds; and
(iii) stating why the funds
have been frozen; and
(b) give the Commission such further
particulars about the matter as the
Commission, by notice in writing,
requires.
Penalty: Fine not exceeding 10 000
penalty units.
(6) Following the receipt of the notice or
further particulars under subsection (5),
the Commission may give the licensed
provider such written instructions about
the frozen wagering funds as the
Commission thinks fit and, without
limiting the generality of this, may
instruct the licensed provider to do any
one or more of the following:
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2005 Gaming Control Amendment (Betting No. s. 8
Exchange)
(a) unfreeze some or all of the funds
and allow the registered player to
use them for wagering;
(b) unfreeze some or all of the funds
and remit them to the registered
player;
(c) decrease or increase the period
for which the funds are to be
frozen;
(d) deregister the player, either
permanently or for a specified
period, under section 76ZU;
(e) have the registered player's
account or wagering history, or
both, independently audited.
(7) The licensed provider must comply with
an instruction under subsection (6).
Penalty: Fine not exceeding 10 000
penalty units.
(8) In this section
"freeze", funds, means to hold the
funds and not disburse them in
any way.
76ZQB. Freezing wagering funds held by third party
(1) This section applies where any wagering
funds of a licensed provider's registered
player are held by an agent of the
licensed provider (the agent being
referred to in this section as "the
fundholder").
39
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Exchange)
(2) The Commission, by notice in writing,
may instruct the fundholder to freeze
some or all of the wagering funds for
such period as the Commission specifies
in the notice.
(3) The fundholder must comply with an
instruction under subsection (2).
Penalty: Fine not exceeding 10 000
penalty units.
(4) The Commission is to give a copy of an
instruction under subsection (2) to the
responsible licensed provider.
(5) The fundholder may, for such period as it
thinks fit, freeze some or all of the
wagering funds if the fundholder is
satisfied that there are
(a) reasonable grounds for suspecting
that the funds, or any of them,
have been acquired in a manner
that contravenes this Act; or
(b) other reasonable grounds that
justify freezing the funds.
(6) On freezing some or all of the wagering
funds pursuant to subsection (5), the
fundholder must
(a) give the Commission and the
responsible licensed provider a
notice in writing within 24
hours
(i) stating that the funds have
been frozen; and
40
2005 Gaming Control Amendment (Betting No. s. 8
Exchange)
(ii) identifying the registered
player and the funds; and
(iii) stating why the funds
have been frozen; and
(b) give the Commission such further
particulars about the matter as the
Commission, by notice in writing,
requires.
Penalty: Fine not exceeding 10 000
penalty units.
(7) Following the receipt of the notice or
further particulars under subsection (6),
the Commission may give the fundholder
such written instructions about the frozen
wagering funds as the Commission
thinks fit and, without limiting the
generality of this, may instruct the
fundholder to do any one or more of the
following:
(a) unfreeze some or all of the funds
and allow the registered player to
use them for wagering;
(b) unfreeze some or all of the funds
and remit them to the registered
player;
(c) decrease or increase the period
for which the funds are to be
frozen;
(d) have the registered player's
account or wagering history, or
both, independently audited.
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Exchange)
(8) The Commission is to give a copy of any
instructions under subsection (7) to the
responsible licensed provider.
(9) Also, the Commission, if it considers it
appropriate to do so in the circumstances,
may instruct the licensed provider to
deregister the player, either permanently
or for a specified period, under
section 76ZU.
(10) If the fundholder commits an offence
against this section, the responsible
licensed provider is also guilty of the
offence and liable to the same penalty for
the offence unless the responsible
licensed provider establishes that
(a) the act or omission constituting
the offence took place without the
licensed provider's knowledge or
consent; or
(b) the licensed provider used all due
diligence to prevent that act or
omission by the fundholder.
(11) Subsection (10) has effect whether or not
the fundholder is charged with or
convicted of the offence against this
section.
(12) In this section
"freeze" has the same meaning as in
section 76ZQA;
"responsible licensed provider"
means the licensed provider for
42
2005 Gaming Control Amendment (Betting No. s. 9
Exchange)
whom, as agent, a fundholder
holds any wagering funds of a
registered player.
9. Section 76ZT amended (Power to withhold prize)
Section 76ZT of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A licensed provider may withhold
a prize or payment in a gaming
activity if
(a) the licensed provider has
reasonable grounds for
believing that the result of
the gaming activity has
been affected by an illegal
activity or malfunction of
equipment; or
(b) the outcome of the
gaming activity or
relevant wagering event is
disputed.
(b) by inserting in subsection (2) "or
payment" after "prize";
(c) by inserting in subsection (2)(b) "or, as
the case may be, the dispute remains
unresolved" after "likely";
(d) by inserting in subsection (3) "or
payment" after "prize";
43
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Exchange)
(e) by inserting in subsection (4)(a) "or
payment" after "prize";
(f) by inserting in subsection (4)(b) "or
payment" after "prize".
10. Section 76ZU amended (Keeping register of
players)
Section 76ZU of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (1):
(1A) A licensed provider must ensure
that the Commission is able to
inspect the register of players
electronically at any time.
Penalty: Fine not exceeding 100
penalty units.
(b) by inserting the following paragraph after
paragraph (c) in subsection (5):
(ca) on written instructions of the
Commission authorised to be
given under this Act; or
11. Section 76ZZ repealed
Section 76ZZ of the Principal Act is repealed.
44
2005 Gaming Control Amendment (Betting No. s. 12
Exchange)
12. Section 76ZZAA amended (Trading accounts)
Section 76ZZAA of the Principal Act is
amended as follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) In this section
"trading account" means an
account that
(a) a player or other person
establishes with the
holder of a Tasmanian
gaming licence endorsed
with one or more of the
following:
(i) a betting exchange
endorsement;
(ii) a fixed odds
wagering
endorsement;
(iii) a sports betting
endorsement; and
(b) may be operated so as to
have credit and debit
balances.
(b) by omitting from subsection (6) "sports
betting endorsement or a fixed odds
wagering endorsement, or both," and
substituting "betting exchange
endorsement, fixed odds wagering
endorsement or sports betting
45
s. 13 No. Gaming Control Amendment (Betting 2005
Exchange)
endorsement (or any combination of
those endorsements)".
13. Section 76ZZF amended (Approval of games and
rules)
Section 76ZZF of the Principal Act is amended
by omitting subsection (8).
14. Section 112A amended (Interpretation of Division)
Section 112A of the Principal Act is amended as
follows:
(a) by omitting "In" and substituting "(1)
In";
(b) by inserting the following subsection:
(2) This Division does not apply to or
in respect of betting exchanges or
brokered wagering.
15. Section 112T amended (Disciplinary action)
Section 112T(1) of the Principal Act is amended
by omitting "10 000 penalty units" from
paragraph (f)(i) of the definition of "disciplinary
action" and substituting "100 000 penalty units".
46
2005 Gaming Control Amendment (Betting No. s. 16
Exchange)
16. Section 141 amended (Records to be kept on the
premises)
Section 141 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "A" and
substituting "Subject to subsection (1A),
a";
(b) by inserting the following subsections
after subsection (1):
(1A) A betting exchange operator may,
with the written approval of the
Commission, keep all or any of
the records relating to the conduct
of brokered wagering by the
operator at a place other than the
approved location of the operator.
(1B) The Commission's approval
under subsection (1A) may be
granted with or without
conditions.
(1C) A betting exchange operator that,
pursuant to an approval under
subsection (1A), keeps a record
relating to the conduct of
brokered wagering by the
operator at a place other than the
approved location of the operator
must
(a) ensure that that record can
be accessed from the
approved location of the
operator; and
47
s. 17 No. Gaming Control Amendment (Betting 2005
Exchange)
(b) at the written request of
the Commission, produce
that record to the
Commission within such
time as the Commission,
by the request, specifies;
and
(c) comply with the
conditions, if any, of the
approval.
Penalty: Fine not exceeding 100
penalty units and, in the
case of a continuing
offence, a further fine not
exceeding 10 penalty
units for each day during
which the offence
continues.
17. Section 148A amended (Annual Tasmanian gaming
licence fee)
Section 148A(2) of the Principal Act is amended
as follows:
(a) by inserting the following paragraph after
paragraph (d):
(da) if the Tasmanian gaming licence
is endorsed with a betting
exchange endorsement 350 000
fee units; or
(b) by omitting from paragraph (f)
"paragraphs (a), (b), (c), (d) and (e)" and
48
2005 Gaming Control Amendment (Betting No. s. 18
Exchange)
substituting "paragraphs (a), (b), (c), (d),
(da) and (e)".
18. Section 150A amended (Taxation in respect of
Tasmanian gaming licence)
Section 150A of the Principal Act is amended by
inserting after subsection (7) the following
subsection:
(7A) The tax payable in relation to a month
and the gaming business conducted in
respect of a betting exchange
endorsement is as follows:
(a) 10% of the monthly betting
exchange commission that the
licensed provider is entitled to in
respect of brokered wagering
events held outside Australia;
(b) 15% of the monthly betting
exchange commission that the
licensed provider is entitled to in
respect of brokered wagering
events held in Australia.
19. Section 150AB amended (Set off for goods and
services tax in respect of Tasmanian gaming
licence)
Section 150AB(1) of the Principal Act is
amended by inserting after paragraph (a) the
following paragraph:
(ab) a betting exchange endorsement; and
49
s. 20 No. Gaming Control Amendment (Betting 2005
Exchange)
20. Section 150AC inserted
After section 150AB of the Principal Act, the
following section is inserted in Division 2:
150AC. Betting exchange product levy
(1) A betting exchange operator must, from
the total amount of betting exchange
commission that the operator is entitled
to in respect of Australian racing in each
month, pay to the Treasurer a product
levy.
(2) The product levy is a sum equivalent to
20% of that total amount of commission.
(3) The product levy must be paid to the
Treasurer on or before the 7th day of the
month immediately following the month
to which it relates.
(4) The product levy is in addition to any
other payment that the betting exchange
operator is required to make to the
Treasurer under this Act.
(5) In this section
"racing" has the same meaning as in
the Racing Regulation Act 2004.
21. Section 151 amended (Community support levy)
Section 151 of the Principal Act is amended as
follows:
(a) by inserting the following subsection
after subsection (3):
50
2005 Gaming Control Amendment (Betting No. s. 22
Exchange)
(3A) Without further appropriation
than this section, the Treasurer
must, to the payments made
under subsection (1) in respect of
a month, add an amount
equivalent to 4% of the
Tasmanian commission for the
same month.
(b) by omitting from subsection (4) "the
community" and substituting "the total
community";
(c) by inserting the following subsection
after subsection (4):
(5) In this section
"Tasmanian commission"
means that part of the
commission referred to in
section 150A(7A)(b) as is
attributable to the
brokered wagers of
Tasmanian registered
players;
"total community support
levy" means the payments
made under subsection (1)
and the amounts added
under subsection (3A).
22. Section 152 inserted
After section 151 of the Principal Act, the
following section is inserted in Division 2:
51
s. 22 No. Gaming Control Amendment (Betting 2005
Exchange)
152. Contributions to Tasmanian racing industry
(1) Without further appropriation than this
section, the Treasurer must, in each
financial year, pay from the Consolidated
Fund a prescribed amount to TOTE
Tasmania for the purposes of supporting
the Tasmanian racing industry.
(2) For the purposes of subsection (1), the
prescribed amount is the aggregate of the
following:
(a) two-thirds of all tax that is
payable to the Treasurer under
section 150A(7A)(b) in respect of
the preceding financial year, less
such part of that amount as is
added to the community support
levy under section 151(3A);
(b) one-half of all tax that is payable
to the Treasurer under
section 150A(7A)(a) in respect of
the preceding financial year;
(c) 100% of the total amount of
product levy that is payable to the
Treasurer by betting exchange
operators in respect of the
preceding financial year under
section 150AC;
(d) 100% of the guarantee payments,
if any, in respect of the preceding
financial year.
(3) In this section
52
2005 Gaming Control Amendment (Betting No. s. 23
Exchange)
"guarantee payments" means special
payments prescribed pursuant to
the regulation-making power in
section 174(2A);
"preceding financial year", in respect
of a racing industry contribution
under subsection (1), means the
financial year immediately
preceding the financial year in
which the contribution is made.
23. Section 165 amended (Inducements, cheating, &c.)
Section 165 of the Principal Act is amended as
follows:
(a) by omitting from the penalty under
subsection (3) "1 000 penalty units" and
substituting "10 000 penalty units";
(b) by inserting the following subsections
after subsection (3):
(4) A person must not
(a) cheat in a gaming activity;
or
(b) do anything for the
purposes of enabling or
assisting another person
to cheat in a gaming
activity.
Penalty: Fine not exceeding 10 000
penalty units or
imprisonment for a term
53
s. 24 No. Gaming Control Amendment (Betting 2005
Exchange)
not exceeding 4 years, or
both.
(5) For the purposes of
subsection (4), it is immaterial
whether a person who cheats in a
gaming activity
(a) improves the person's
chances of winning
anything; or
(b) wins anything.
(6) Without prejudice to the
generality of subsection (4),
cheating in a gaming activity
may, in particular, consist of
actual or attempted deception or
interference in connection with
(a) the process by which the
gaming activity is
conducted; or
(b) a real or simulated game,
race or other event or
process to which the
gaming activity relates.
24. Section 174 amended (Regulations)
Section 174 of the Principal Act is amended by
inserting after subsection (2) the following
subsection:
(2A) Regulations under this section may also
54
2005 Gaming Control Amendment (Betting No. s. 24
Exchange)
(a) require a betting exchange
operator to make, in respect of
such periods as are specified in
the regulations, special payments
to the Treasurer so as to
guarantee that the Tasmanian
racing industry's expected levels
of TOTE Tasmania funding
during those periods are not
diminished by the impact of the
operator's Tasmanian betting
exchange operations; and
(b) provide for the calculation and
recovery of those special
payments; and
(c) provide for the granting of
rebates in connection with those
special payments; and
(d) provide for incidental and
ancillary matters.
55
s. 25 No. Gaming Control Amendment (Betting 2005
Exchange)
PART 3 TOTE TASMANIA (RACING REGULATION)
ACT 2004 AMENDED
25. Principal Act
In this Part, the TOTE Tasmania (Racing
Regulation) Act 2004* is referred to as the
Principal Act.
26. Section 11A inserted
After section 11 of the Principal Act, the
following section is inserted in Division 3:
11A. Treasurer's contributions
(1) TOTE Tasmania must apply each
payment that it receives under section
152 of the Gaming Control Act 1993 to
the Tasmanian racing industry for the
conduct of race meetings (including prize
money) and the administration,
maintenance and improvement of horse
racing and greyhound racing.
(2) Subsections (4) and (5) of section 10
have the same application to a payment
referred to in subsection (1) as they have
to a product fee under that section.
*No. 63 of 2004
56 Government Printer, Tasmania