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PARLIAMENT OF VICTORIA
Gambling and Racing Legislation Amendment
(Sports Betting) Bill 2007
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 1
PART 2--GAMBLING REGULATION ACT 2003 3
3 New Part 5 of Chapter 4 substituted 3
PART 5--APPROVED BETTING COMPETITIONS AND
SPORTS BETTING 3
Division 1--Preliminary 3
4.5.1 Definitions 3
4.5.2 Events and betting competitions that cannot be
approved under this Part 4
Division 2--Approved betting competitions on horse,
harness and greyhound racing 4
4.5.3 Approval of betting competitions on horse, harness
and greyhound races 4
4.5.4 Notice of approval 5
4.5.5 Variation and revocation of approval 5
Division 3--Approval of other events for betting purposes 5
4.5.6 Approval of events for betting purposes 5
4.5.7 What kinds of events can be approved? 6
4.5.8 What must Commission consider in approving events? 7
4.5.9 Designation of sports betting events 7
4.5.10 Notice and publication requirements 8
4.5.11 Variation and revocation of approval 8
561134B.I-14/3/2007 i BILL LA INTRODUCTION 14/3/2007
Clause Page
Division 4--Approval of sports controlling bodies for
sports betting purposes 9
4.5.12 Application for approval 9
4.5.13 Objections 10
4.5.14 Matters to be considered in determining applications 10
4.5.15 Determination of applications and duration of approval 12
4.5.16 Notice and publication requirements 12
4.5.17 Variation and revocation of approval 13
4.5.18 Surrender of approval 13
4.5.19 Change in situation of sports controlling body 14
4.5.20 Tribunal reviews 14
Division 5--Requirements on sports betting providers 15
4.5.21 What is offering a betting service? 15
4.5.22 Prohibition on offering betting service without
agreement or determination 15
4.5.23 Agreement of sports controlling body 16
4.5.24 Application for Commission determination if no sports
controlling body agreement 17
4.5.25 Procedure on application 18
4.5.26 Determination of Commission 18
4.5.27 Variation and revocation of determination 20
4.5.28 Costs of investigating applications 21
Division 6--Prohibition of betting contingencies 22
4.5.29 Commission may prohibit betting on contingencies 22
4.5.30 Notice and publication requirements 23
4.5.31 Offence to offer bets on prohibited betting
contingencies 24
4 Consequential amendments 24
5 Transitional 26
PART 15--GAMBLING AND RACING LEGISLATION
AMENDMENT (SPORTS BETTING) ACT 2007 26
15.1 Approved betting competitions 26
PART 3--RACING ACT 1958 30
6 Consequential amendments to the Racing Act 1958 30
PART 4--REPEAL OF AMENDING ACT 32
7 Repeal of Act 32
ENDNOTES 33
561134B.I-14/3/2007 ii BILL LA INTRODUCTION 14/3/2007
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Gambling and Racing Legislation
Amendment (Sports Betting) Bill 2007
A Bill for an Act to amend the Gambling Regulation Act 2003 and
the Racing Act 1958 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the Gambling
Regulation Act 2003 and the Racing Act 1958 to
5 make new provision for betting on sporting and
other events.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day to be proclaimed.
561134B.I-14/3/2007 1 BILL LA INTRODUCTION 14/3/2007
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Part 1--Preliminary
s. 2
(2) If this Act does not come into operation before
1 July 2008, it comes into operation on that day.
__________________
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Part 2--Gambling Regulation Act 2003
s. 3
PART 2--GAMBLING REGULATION ACT 2003 See:
Act No.
114/2003.
3 New Part 5 of Chapter 4 substituted Reprint No. 1
as at
For Part 5 of Chapter 4 of the Gambling 21 July 2005
and
Regulation Act 2003 substitute-- amending
Act Nos
16/2004,
5 "PART 5--APPROVED BETTING 104/2004,
COMPETITIONS AND SPORTS BETTING 18/2005,
22/2005,
45/2005,
Division 1--Preliminary 92/2005,
98/2005,
7/2006,
4.5.1 Definitions 23/2006,
24/2006,
In this Part-- 32/2006,
48/2006,
10 approved betting event means an event, class 54/2006,
79/2006 and
of event or part of a class of event 80/2006.
approved for betting under LawToday:
www.
section 4.5.6(1)(a); legislation.
vic.gov.au
sports betting event means an event, class of
15 event or part of a class of event
designated under section 4.5.9 as a
sports betting event;
sports betting provider means a person who,
in Victoria or elsewhere, provides a
20 service that allows a person to place a
bet on a sports betting event;
sports controlling body means an
organisation approved under
section 4.5.15 as the sports controlling
25 body for a sports betting event.
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s. 3
4.5.2 Events and betting competitions that
cannot be approved under this Part
An approval under this Part cannot be given
for an event or betting competition--
5 (a) that is played on a gaming machine; or
(b) that is a club keno game; or
(c) that is an interactive game.
Division 2--Approved betting competitions on
horse, harness and greyhound racing
10 4.5.3 Approval of betting competitions on
horse, harness and greyhound races
(1) The Minister may approve a betting
competition on an event or contingency, or a
class of event or contingency, of or relating
15 to a horse race, harness race or greyhound
race.
(2) An approval is to be given by instrument.
(3) The Minister must not approve a betting
competition that--
20 (a) is conducted on a totalisator; or
(b) in his or her opinion, is offensive or
contrary to the public interest.
(4) The Minister may impose any conditions he
or she thinks fit on the approval of a betting
25 competition at the time of giving the
approval or at any later time.
(5) An approval--
(a) takes effect on the day notice of it is
published under section 4.5.4(a) or on
30 the later day specified in the notice; and
(b) remains in force until revoked by the
Minister.
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s. 3
(6) A condition imposed under subsection (4)
takes effect on the day notice of it is
published under section 4.5.4(b) or on the
later day specified in the notice.
5 4.5.4 Notice of approval
The Minister must cause notice to be
published in the Government Gazette of--
(a) an approval under this Division; and
(b) the imposition of a condition on an
10 approval; and
(c) the variation or revocation of an
approval.
4.5.5 Variation and revocation of approval
(1) At any time the Minister may, by
15 instrument--
(a) vary an approval (including a variation
or revocation of a condition to which
the approval is subject); or
(b) revoke an approval for any reasonable
20 cause stated by the Minister in the
instrument of revocation.
(2) A variation or revocation takes effect on the
day notice of it is published under
section 4.5.4(c) or on the later day specified
25 in the notice.
Division 3--Approval of other events for
betting purposes
4.5.6 Approval of events for betting purposes
(1) The Commission may, by instrument--
30 (a) approve a particular event or class of
event for betting purposes; and
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(b) approve a betting competition on that
event or class.
(2) The approval of a betting competition under
this section must specify whether it is a
5 competition with fixed odds or a competition
conducted on a totalisator.
(3) The Commission may impose any conditions
it thinks fit on an approval at the time of
giving the approval or at any later time.
10 (4) An approval--
(a) takes effect on the day notice of it is
published under section 4.5.10(1)(a) or
on the later day specified in the notice;
and
15 (b) remains in force until revoked by the
Commission.
(5) A condition imposed under subsection (3)
takes effect on the day notice of it is
published under section 4.5.10(1)(b) or on
20 the later day specified in the notice.
4.5.7 What kinds of events can be approved?
(1) The Commission may approve events, or
classes of events, of any kind for betting
purposes, whether those events are held
25 wholly or partly within or outside Victoria.
(2) However, the Commission cannot approve
an event, class of event or betting
competition that is, or is related to, a horse
race, harness race or greyhound race.
30 Note
The Commission also cannot approve certain other
kinds of event--see section 4.5.2.
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4.5.8 What must Commission consider in
approving events?
(1) In determining whether to approve an event
or class of event for betting purposes, the
5 Commission must have regard to--
(a) whether the event or class is exposed to
unmanageable integrity risks; and
(b) whether the event or class is
administered by an organisation that is
10 capable of administering and enforcing
rules or codes of conduct designed to
ensure the integrity of the event or
class; and
(c) whether betting on the event or class
15 is--
(i) offensive; or
(ii) contrary to the public interest; and
(d) except in the case of a sporting event or
class of sporting event, whether the
20 approval would represent an
unreasonable extension of the scope of
gambling in Victoria.
(2) The Commission may have regard to any
other matter in determining whether to
25 approve an event, class of event or betting
competition.
4.5.9 Designation of sports betting events
The Commission must--
(a) determine whether or not an approved
30 betting event is a sports betting event
for the purposes of this Part; and
(b) designate each sports betting event as
such in the instrument of approval.
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4.5.10 Notice and publication requirements
(1) The Commission must cause notice to be
published in the Government Gazette of--
(a) an approval under this Division; and
5 (b) the imposition of a condition on an
approval; and
(c) the variation or revocation of an
approval.
(2) The notice must state whether the approved
10 betting event is a sports betting event.
(3) The Commission must cause to be made
available on its website a list of all approved
betting events and betting competitions
under this Division that indicates which of
15 the approved betting events are sports betting
events.
4.5.11 Variation and revocation of approval
(1) At any time the Commission may, by
instrument--
20 (a) vary an approval (including a variation
or revocation of a condition to which
the approval is subject); or
(b) revoke an approval for any reasonable
cause stated by the Commission in the
25 instrument of revocation.
(2) A variation or revocation takes effect on the
day notice of it is published under
section 4.5.10(1)(c) or on the later day
specified in the notice.
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Part 2--Gambling Regulation Act 2003
s. 3
Division 4--Approval of sports controlling
bodies for sports betting purposes
4.5.12 Application for approval
(1) An organisation may apply to the
5 Commission for approval as the sports
controlling body for a sports betting event.
(2) An application for approval must--
(a) be in the form approved by the
Commission; and
10 (b) specify the sports betting event for
which the applicant seeks approval; and
(c) be accompanied by the prescribed fee
(if any); and
(d) contain or be accompanied by any
15 additional information the Commission
requires.
(3) Within 14 days after making an application,
the applicant must cause to be published in a
newspaper circulating generally throughout
20 Australia, or newspapers circulating
generally in each State and Territory of
Australia, a notice containing--
(a) a statement that any person may object
to the application by giving notice in
25 writing to the Commission within
28 days after the date of publication
stating the grounds for objection; and
(b) any other information required by the
Commission.
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(4) If a requirement made by this section is not
complied with, the Commission may refuse
to consider the application.
Note
5 Division 1 of Part 4 of Chapter 10 provides for the
investigation of an application for approval under this
Division.
4.5.13 Objections
A person may object to an application for
10 approval under this Division by giving notice
in writing to the Commission within the time
specified in section 4.5.12(3)(a) stating the
grounds for objection.
4.5.14 Matters to be considered in determining
15 applications
(1) In determining whether to approve an
applicant as the sports controlling body for a
sports betting event, the Commission must
have regard to--
20 (a) whether the applicant--
(i) has control of the event; or
(ii) organises or administers the event;
and
(b) whether the applicant has adequate
25 policies, rules, codes of conduct or
other mechanisms designed to ensure
the integrity of the event; and
(c) whether the applicant supports
compliance with relevant international
30 codes and conventions applicable to the
event that relate to integrity in sport;
and
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Part 2--Gambling Regulation Act 2003
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(d) whether the applicant has the expertise,
resources and authority necessary to
administer, monitor and enforce the
integrity systems; and
5 (e) whether the applicant has clear policies
on the provision of information that
may be relevant to the betting market;
and
(f) whether the applicant has clear
10 processes for reporting the results of the
event and hearing appeals and protests
regarding those results; and
(g) whether the applicant has clear policies
on the sharing of information with
15 sports betting providers for the purpose
of investigating suspicious betting
activity; and
(h) whether the applicant is the most
appropriate body to be approved as the
20 approved sports controlling body for
the event; and
(i) whether the approval of the applicant is
in the public interest.
(2) The Commission must also have regard to
25 every objection made in accordance with
section 4.5.13.
(3) The Commission may have regard to any
other matter in determining whether to
approve an applicant as the sports controlling
30 body for a sports betting event.
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4.5.15 Determination of applications and
duration of approval
(1) The Commission must determine an
application for approval by either granting or
5 refusing the application and must notify the
applicant in writing of its decision.
(2) If the Commission refuses an application, it
must include reasons for the refusal in the
written notification.
10 (3) The Commission may impose any conditions
it thinks fit on an approval at the time of
granting the approval or at any later time.
(4) An approval--
(a) takes effect on the day specified by the
15 Commission in the written notification;
and
(b) remains in force until revoked by the
Commission under section 4.5.17 or
surrendered under section 4.5.18.
20 4.5.16 Notice and publication requirements
(1) The Commission must cause notice to be
published in the Government Gazette, as
soon as practicable, of--
(a) the grant of an approval under this
25 Division; and
(b) the imposition of a condition on an
approval; and
(c) the variation or revocation of an
approval.
30 (2) Failure to publish a notice under subsection
(1) does not affect the validity of the
approval, condition, variation or revocation.
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(3) The Commission must cause to be made
available on its website a list of all sports
controlling bodies.
4.5.17 Variation and revocation of approval
5 (1) At any time the Commission, by written
notice to a sports controlling body, may--
(a) vary the approval of the body
(including a variation or revocation of a
condition to which the approval is
10 subject); or
(b) revoke the approval of the body for any
reasonable cause stated by the
Commission in the notice of revocation.
(2) A variation or revocation takes effect on the
15 day specified by the Commission in the
notice.
4.5.18 Surrender of approval
(1) A sports controlling body may surrender its
approval by giving written notice to the
20 Commission.
(2) The surrender takes effect--
(a) on the day that the Commission
receives the notice; or
(b) on another day determined by the
25 Commission (which may be a day that
occurred before the notice was
received).
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4.5.19 Change in situation of sports controlling
body
(1) Whenever a change of a kind specified by
the Commission in writing given to a sports
5 controlling body takes place in the situation
existing in relation to that body, the body
must notify the Commission in writing of the
change within 14 days after it takes place.
Penalty: 60 penalty units.
10 (2) A function of the Commission under this
section may be performed by any
commissioner.
4.5.20 Tribunal reviews
(1) A person whose interests are affected by the
15 relevant decision may apply to the Tribunal
for review of a decision of the
Commission--
(a) to grant or refuse an application for
approval as the sports controlling body
20 for a sports betting event; or
(b) to impose a condition on an approval;
or
(c) to vary or revoke an approval.
(2) An application for review must be made
25 within 28 days after the latest of--
(a) the day on which the decision was
made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998,
30 the person requests a statement of
reasons for the decision, the day on
which the statement of reasons is given
to the person or the person is informed
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under section 46(5) of that Act that a
statement of reasons will not be given;
(c) if, under section 10.1.24, the person
requests a statement of reasons for the
5 decision, the day on which the
statement of reasons is given to the
person or the person is informed under
section 10.1.23(6) that a statement of
reasons will not be given.
10 Division 5--Requirements on sports betting
providers
4.5.21 What is offering a betting service?
For the purposes of this Division, a sports
betting provider offers a betting service on a
15 sports betting event if the provider--
(a) accepts, offers to accept, or invites a
person to place, a bet; or
(b) facilitates the placing of a bet--
on any contingency relating to the sports
20 betting event or any event forming part of it.
4.5.22 Prohibition on offering betting service
without agreement or determination
(1) A sports betting provider must not, in
Victoria or elsewhere, offer a betting service
25 on a sports betting event unless--
(a) an agreement is in effect under
section 4.5.23 between the sports
controlling body for that event and the
sports betting provider; or
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s. 3
(b) a determination of the Commission is in
effect under section 4.5.26 for the
sports betting provider to offer a betting
service on the event.
5 Penalty: 60 penalty units.
(2) Subsection (1) does not apply--
(a) to a sports betting event held wholly
outside Victoria; or
(b) at any time while an application by
10 the sports betting provider for a
determination under section 4.5.26 in
respect of the event is before the
Commission; or
(c) if there is no sports controlling body for
15 the event; or
(d) during the period ending 6 months after
the day on which the approval of a
sports controlling body for the event
took effect.
20 4.5.23 Agreement of sports controlling body
(1) A sports controlling body for a sports betting
event may make an agreement with a sports
betting provider for the sports betting
provider to offer a betting service on the
25 event.
(2) An agreement must--
(a) provide for the sharing of information
between the parties for the purposes of
protecting and supporting integrity in
30 sports and sports betting; and
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(b) state--
(i) whether or not a fee is payable by
the sports betting provider to the
sports controlling body in respect
5 of betting on the sports betting
event; and
(ii) if a fee is payable, what the fee is
or how it is calculated.
(3) An agreement may contain any other matters
10 the parties consider appropriate.
(4) An agreement takes effect, and may be
terminated, in accordance with its terms.
4.5.24 Application for Commission
determination if no sports controlling
15 body agreement
(1) If a sports betting provider cannot reach
agreement with a sports controlling body
under section 4.5.23, the sports betting
provider may apply to the Commission for a
20 determination under section 4.5.26.
(2) An application must--
(a) be in the form approved by the
Commission; and
(b) be accompanied by the prescribed fee
25 (if any); and
(c) contain or be accompanied by any
additional information the Commission
requires.
(3) The Commission must not proceed to
30 determine an application unless it is satisfied
that the sports controlling body has
unreasonably refused or failed to enter into
an agreement with the sports betting provider
under section 4.5.23, having regard to--
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(a) whether the sports controlling body and
the sports betting provider have
engaged in genuine negotiations and
there are no reasonable prospects of
5 agreement being reached; or
(b) whether the sports controlling body has
refused to enter into negotiations for an
agreement with the sports betting
provider.
10 4.5.25 Procedure on application
(1) The procedure on an application under
section 4.5.24 is to be determined by the
Commission.
(2) The Commission may cause to be carried out
15 any investigations or inquiries that it
considers necessary to consider the
application properly.
(3) Despite anything to the contrary in
section 10.1.22, any inquiry for the purpose
20 of determining an application under
section 4.5.24 must be held in private.
4.5.26 Determination of Commission
(1) On an application under section 4.5.24, the
Commission may determine that the sports
25 betting provider may offer a betting service
on a sports betting event.
(2) A determination must--
(a) provide for the sharing of information
between the sports betting provider and
30 the sports controlling body for the
purposes of protecting and supporting
integrity in sports and sports betting;
and
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(b) state--
(i) whether or not a fee is payable by
the sports betting provider to the
sports controlling body in respect
5 of betting on the sports betting
event; and
(ii) if a fee is payable, what the fee is
or how it is calculated.
(3) In making a determination under this section,
10 the Commission must have regard to--
(a) any integrity-related costs that the
sports controlling body has incurred or
may incur as a result of betting taking
place on the sports betting event; and
15 (b) the integrity of the sports betting event;
and
(c) any actual or potential financial returns
to the sports betting provider, taking
into account existing taxes, charges and
20 levies, from conducting betting on the
sports betting event; and
(d) the existing legislative rights and
liabilities of the sports betting provider
and the sports controlling body with
25 respect to the use and provision of
information; and
(e) any other matters the Commission
considers relevant.
(4) The Commission must give written notice of
30 a determination, including the reasons for the
determination, to the sports betting provider
and the sports controlling body.
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(5) A determination takes effect at the time
notice is given under subsection (4) or at a
later time specified in the notice.
(6) The terms of a determination are binding on
5 the sports betting provider and the sports
controlling body and may be enforced by
either of them as if the determination were
an agreement between the sports betting
provider and the sports controlling body on
10 those terms.
4.5.27 Variation and revocation of determination
(1) A sports betting provider or a sports
controlling body or both may apply to the
Commission at any time for the variation or
15 revocation of a determination under
section 4.5.26.
(2) An application must--
(a) be in the form approved by the
Commission; and
20 (b) be accompanied by the prescribed fee
(if any); and
(c) contain or be accompanied by any
additional information the Commission
requires.
25 (3) The Commission may cause to be carried out
any investigations or inquiries that it
considers necessary to consider the
application properly.
(4) Despite anything to the contrary in
30 section 10.1.22, any inquiry for the
purpose of determining an application under
this section must be held in private.
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(5) On an application, the Commission must
decide whether or not to vary or revoke the
determination and give written notice of its
decision, including the reasons for the
5 decision, to the sports betting provider and
the sports controlling body.
(6) A variation or revocation of a determination
takes effect at the time notice is given under
subsection (5) or at a later time specified in
10 the notice.
(7) For the avoidance of doubt, the revocation of
a determination does not affect any right or
liability of the sports betting provider or
sports controlling body under the
15 determination that accrued before the
revocation took effect.
4.5.28 Costs of investigating applications
(1) The Commission, by written notice, may
require an applicant for a determination
20 under section 4.5.26 or variation or
revocation of a determination under
section 4.5.27 to pay to the Commission the
amount determined by the Commission,
being an amount not exceeding the
25 reasonable costs of investigating the
application.
(2) The Commission may require the amount to
be paid by instalments or at any time before,
during or after the investigation, whether or
30 not the Commission makes the
determination, variation or revocation
sought.
(3) An amount payable under this section may
be recovered in a court of competent
35 jurisdiction as a debt to the Crown.
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Division 6--Prohibition of betting
contingencies
4.5.29 Commission may prohibit betting on
contingencies
5 (1) The Commission, by instrument, may
prohibit betting on a contingency if the
Commission considers that betting on the
contingency--
(a) may expose the relevant event or class
10 of event to unmanageable integrity
risks; or
(b) is offensive; or
(c) is contrary to the public interest; or
(d) is unfair to investors; or
15 (e) should be prohibited for any other
reason.
(2) The Commission, by instrument, may vary
or revoke a prohibition under subsection (1)
at any time.
20 (3) A prohibition, or variation or revocation of a
prohibition, takes effect on the day notice of
it is published in the Government Gazette
under section 4.5.30(1)(a) or on the later day
specified in the notice.
25 (4) In this section--
contingency means a contingency relating to
an event or class of event--
(a) approved under Division 3 for
betting purposes; and
30 (b) held wholly or partly in Victoria.
561134B.I-14/3/2007 22 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 2--Gambling Regulation Act 2003
s. 3
4.5.30 Notice and publication requirements
(1) The Commission must cause notice of a
prohibition under this Division, and the
variation or revocation of a prohibition, to be
5 published--
(a) in the Government Gazette; and
(b) as soon as practicable after publication
under paragraph (a), in a newspaper
circulating generally throughout
10 Australia, or newspapers circulating
generally in each State and Territory of
Australia.
(2) The Commission must cause written notice
of a prohibition under this Division, and the
15 variation or revocation of a prohibition, to be
given, as soon as practicable after
publication under subsection (1)(a), to each
sports betting provider known to the
Commission.
20 (3) Failure to publish a notice under
subsection (1)(b) or to notify a sports betting
provider under subsection (2) does not affect
the validity of the prohibition, variation or
revocation, but if a sports betting provider is
25 charged with an offence against
section 4.5.31(1) it is a defence if--
(a) notice was not published under
subsection (1)(b); and
(b) the sports betting provider was not
30 notified under subsection (2).
(4) The Commission must cause to be made
available on its website, a list of all
prohibitions under this Division and must
update the list as soon as practicable after
35 each publication under subsection (1)(a).
561134B.I-14/3/2007 23 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 2--Gambling Regulation Act 2003
s. 4
4.5.31 Offence to offer bets on prohibited betting
contingencies
(1) A sports betting provider must not, in
Victoria or elsewhere--
5 (a) accept, offer to accept, or invite a
person to place, a bet; or
(b) facilitate the placing of a bet--
on a contingency that is the subject of a
prohibition under section 4.5.29.
10 Penalty: 60 penalty units.
(2) Despite anything in the Magistrates' Court
Act 1989, a person does not aid, abet,
counsel or procure the commission of an
offence against subsection (1) only because
15 the person places a bet on a prohibited
contingency with a sports betting provider.".
4 Consequential amendments
In the Gambling Regulation Act 2003--
(a) in section 1.3(1), insert the following
20 definitions--
"approved betting event has the meaning
given in section 4.5.1;
sports betting event has the meaning given
in section 4.5.1;
25 sports betting provider has the meaning
given in section 4.5.1;
sports controlling body has the meaning
given in section 4.5.1;";
561134B.I-14/3/2007 24 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 2--Gambling Regulation Act 2003
s. 4
(b) in section 1.3(1), for the definition of
approved betting competition substitute--
"approved betting competition means a
betting competition approved by the
5 Minister under section 4.5.3 or the
Commission under section 4.5.6;";
(c) in section 2.5.16(1)(a)(i), for "an event or
contingency on which a betting competition
has been approved under Part 5 of
10 Chapter 4" substitute "an approved betting
event";
(d) for section 2.5.16(2)(d) substitute--
"(d) any other approved betting event.";
(e) for section 2.5.18(2)(d) substitute--
15 "(d) any other sports betting event.";
(f) after section 10.1.3(c) insert--
"(ca) to foster the development of sport by
promoting equitable and fair
information and revenue sharing
20 between sports betting providers and
sports controlling bodies and to foster
the integrity of betting on sports betting
events;";
(g) after section 10.1.4(2)(f) insert--
25 "(fa) making determinations and performing
other functions in relation to sports
betting;";
(h) after section 10.1.4(3)(a)(iii) insert--
"(iiia) sports betting;";
30 (i) after section 10.4.1(c) insert--
"(ca) an application for approval as a sports
controlling body under Division 4 of
Part 5 of Chapter 4;";
561134B.I-14/3/2007 25 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 2--Gambling Regulation Act 2003
s. 5
(j) after section 10.4.2(2)(a)(iv) insert--
"(v) approval as a sports controlling body
under Division 4 of Part 5 of
Chapter 4;";
5 (k) after section 10.4.3(4)(ab) insert--
"(ac) approval as a sports controlling body
under Division 4 of Part 5 of
Chapter 4;";
(l) after section 10.4.4(4)(ab) insert--
10 "(ac) approval as a sports controlling body
under Division 4 of Part 5 of
Chapter 4;";
(m) after section 10.4.5(3)(a)(iii) insert--
"(iv) approval as a sports controlling body
15 under Division 4 of Part 5 of
Chapter 4;";
(n) in section 10.4.7(1), after "application for a
permit," insert "or for approval as a sports
controlling body under Division 4 of Part 5
20 of Chapter 4".
5 Transitional
After Part 14 of Schedule 7 to the Gambling
Regulation Act 2003 insert--
"PART 15--GAMBLING AND RACING
25 LEGISLATION AMENDMENT (SPORTS
BETTING) ACT 2007
15.1 Approved betting competitions
(1) The approval of a betting competition in
respect of a racing event or contingency that
30 was in force under Part 5 of Chapter 4
immediately before the commencement day
remains in force on and after that day subject
to any conditions to which the approval was
561134B.I-14/3/2007 26 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 2--Gambling Regulation Act 2003
s. 5
subject immediately before that day as if it
were an approval by the Minister under
Division 2 of Part 5 of Chapter 4.
(2) Despite anything to the contrary in this Act,
5 the approval of Trackside as an approved
betting competition remains in force on and
after the commencement day subject to the
conditions to which the approval was subject
immediately before that day as if it were an
10 approval by the Minister under Division 2 of
Part 5 of Chapter 4.
(3) The approval of a betting competition in
respect of an event or class of event (other
than a racing event or contingency or
15 Trackside) that was in force under Part 5 of
Chapter 4 immediately before the
commencement day remains in force on and
after that day subject to any conditions to
which the approval was subject immediately
20 before that day as if it were an approval of a
betting competition by the Commission
under Division 3 of Part 5 of Chapter 4.
(4) An event or class of event that is the subject
of an approval referred to in subclause (3) is
25 taken, on and after the commencement day,
to be an event or class of event approved for
betting purposes by the Commission under
Division 3 of Part 5 of Chapter 4, subject to
any conditions to which the approval was
30 subject immediately before the
commencement day.
561134B.I-14/3/2007 27 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 2--Gambling Regulation Act 2003
s. 5
(5) An event or class of event that--
(a) is the subject of an approval referred to
in subclause (3); and
(b) is an event or class of event, or is
5 related to a sport, referred to in
Table 1--
is taken, on and after the commencement
day, to be a sports betting event for the
purposes of Part 5 of Chapter 4.
10 TABLE 1
American Football
Athletics
Australian Rules Football
Baseball
Basketball
Boxing
Commonwealth Games
Cricket
Cycling
Golf
Ironman
Motor Sport
Netball
Olympic Games
Rugby
Soccer Football
Surfing
Tennis
Triathlon
Yachting
561134B.I-14/3/2007 28 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 2--Gambling Regulation Act 2003
s. 5
(6) In this clause--
commencement day means the day on which
section 5 of the Gambling and Racing
Legislation Amendment (Sports
5 Betting) Act 2007 comes into
operation;
racing event or contingency means an event
or contingency, or a class of event or
contingency, of or relating to a horse
10 race, harness race or greyhound race;
Trackside means the simulated racing event
known as Trackside, formerly known as
TABRACE, the conditions of which
were approved by the Minister on
15 23 March 2006 and published in the
Government Gazette on 27 March
2006.".
__________________
561134B.I-14/3/2007 29 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 3--Racing Act 1958
s. 6
See: PART 3--RACING ACT 1958
Act No.
6353.
Reprint No. 13 6 Consequential amendments to the Racing Act 1958
as at
31 December In the Racing Act 1958--
2005
and (a) in section 3(1) insert the following
amending
5 Act Nos definition--
45/2003,
40/2006 and "approved betting event has the same
80/2006.
LawToday:
meaning as in the Gambling
www. Regulation Act 2003;";
legislation.
vic.gov.au (b) in section 4(1), after "Act 2003" insert
10 "(except Divisions 5 and 6 of Part 5 of
Chapter 4)";
(c) for section 4(1)(a)(ii) substitute--
"(ii) any approved betting event; or";
(d) for section 4(1)(b)(i) substitute--
15 "(i) on any approved betting event; or";
(e) section 4(1C) is repealed;
(f) in section 5A, after "Act 2003" insert
"(except Divisions 5 and 6 of Part 5 of
Chapter 4)";
20 (g) in section 5B(1), for "any other betting
contingency or class of betting contingencies
approved by the Minister under section 4(1)"
substitute "any approved betting event";
(h) in section 84 insert the following
25 definition--
"approved betting event has the same
meaning as in the Gambling
Regulation Act 2003;";
561134B.I-14/3/2007 30 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 3--Racing Act 1958
s. 6
(i) after section 91E(d) insert--
"(da) a person or body that, in the opinion of
the controlling body, controls,
organises or administers an approved
5 betting event;".
__________________
561134B.I-14/3/2007 31 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Part 4--Repeal of Amending Act
s. 7
PART 4--REPEAL OF AMENDING ACT
7 Repeal of Act
This Act is repealed on 1 July 2009.
561134B.I-14/3/2007 32 BILL LA INTRODUCTION 14/3/2007
Gambling and Racing Legislation Amendment (Sports Betting) Bill 2007
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561134B.I-14/3/2007 33 BILL LA INTRODUCTION 14/3/2007
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