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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Racing and Gambling Legislation Amendment Bill
2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purpose 1
2 Commencement 2
PART 2--RACING ACT 1958 3
3 Definitions in Part I 3
4 Division 2 of Part I 3
5 New section 4 substituted and section 4A inserted 3
4 Betting with registered bookmaker 3
4A Methods of remote betting 5
6 Definition of harness racing industry participant 5
7 Definition of greyhound racing industry participant 5
8 Definition of penalty 5
9 Definition of bookmaking licence 6
10 Amendment of Part IV 6
PART IV--REGISTERED BOOKMAKERS AND
CONTROLLING BODIES". 6
11 New section 91 substituted 7
12 Controlling bodies may make rules 8
13 New section 91AB inserted 8
91AB Approved substitutes 8
14 Provision of information regarding betting records 9
15 New section 92 substituted 10
92 Production of documents by bookmakers and
bookmaker's key employees 10
16 Repeal of sections 93 and 94 11
17 Guarantee of bookmakers against defaults in payment of wagers 11
561180B.I-7/10/2008 i BILL LA INTRODUCTION 7/10/2008
Clause Page
PART 3--GAMBLING REGULATION ACT 2003 16
18 Definitions 16
19 Non-application of section 2.4.1 17
20 What are betting houses and places of betting? 17
21 Exceptions to restrictions on publishing betting information 18
22 Restrictions on publication and use of race fields 18
23 New Part 5A of Chapter 4 inserted 18
PART 5A--BOOKMAKER AND BOOKMAKING
RELATED REGISTRATIONS 18
4.5A.1 Definitions 18
4.5A.2 Application for registration as bookmaker 19
4.5A.3 Application for registration as bookmaker's key
employee 19
4.5A.4 Determination of application for registration as
bookmaker 20
4.5A.5 Determination of application for registration as
bookmaker's key employee 21
4.5A.6 Certificate of registration and identity card 22
4.5A.7 Duration of registration as bookmaker or bookmaker's
key employee 23
4.5A.8 Nominee of corporation 23
4.5A.9 Application of registered bookmakers to be in
partnerships 25
4.5A.10 Approval of registered bookmakers to be in
partnerships 25
4.5A.11 Conditions of registration 27
4.5A.12 Amendment of conditions 27
4.5A.13 Registration renewal 28
4.5A.14 Disciplinary action against registered bookmaker or
bookmaker's key employee 29
4.5A.15 Review by VCAT of registrations as a bookmaker
or bookmaker's key employee 32
4.5A.16 Time limit for applying for review 33
4.5A.17 Change in situation of person or associate 33
24 Offences relating to totalisators and approved betting
competitions 34
25 Meaning of interactive game 34
26 Functions of Commission 34
27 Amendment to Part 1 of Chapter 10 34
28 Amendments to Part 4 of Chapter 10 34
29 Consequential amendments to Part 7 of Chapter 10 36
561180B.I-7/10/2008 ii BILL LA INTRODUCTION 7/10/2008
Clause Page
30 New Part 20 inserted 36
PART 20--RACING AND GAMBLING LEGISLATION
AMENDMENT ACT 2008 36
20.1 Definition 36
20.2 Registration of bookmakers 36
20.3 Approval of bookmakers to be in partnerships 37
20.4 Approval of companies to act as bookmakers 37
20.5 Registration of bookmaker's clerks 38
20.6 Applications made but not determined 38
20.7 Disciplinary action by the Commission 39
20.8 Guarantee of bookmakers against defaults in payment
of wagers 39
PART 4--INSTRUMENTS ACT 1958 41
31 Certain instruments deemed to have been given for an illegal
consideration 41
PART 5--REPEAL OF AMENDING ACT 42
32 Repeal of Act 42
ENDNOTES 43
561180B.I-7/10/2008 iii BILL LA INTRODUCTION 7/10/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Racing and Gambling Legislation
Amendment Bill 2008
A Bill for an Act to amend the Racing Act 1958, the Gambling
Regulation Act 2003 and the Instruments Act 1958 with respect to
bookmakers and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purpose
The purpose of this Act is to amend the Racing
Act 1958, the Gambling Regulation Act 2003
5 and the Instruments Act 1958--
(a) to allow bookmakers to conduct internet and
telephone betting operations at any time
from approved racecourse locations;
561180B.I-7/10/2008 1 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 1--Preliminary
s. 2
(b) to transfer responsibility for the registration
of bookmakers and bookmaker's key
employees to the Victorian Commission for
Gambling Regulation;
5 (c) to permit corporations to act as bookmakers.
2 Commencement
(1) Subject to subsection (3), this Act, other than
section 29, comes into operation on a day or days
to be proclaimed.
10 (2) Section 29 comes into operation on the later of--
(a) the day on which section 23 of this Act
comes into operation;
(b) the day on which section 31 of the
Gambling Legislation Amendment
15 (Responsible Gambling and Other
Measures) Act 2008 comes into operation.
(3) If a provision of this Act, other than section 29,
does not come into operation before 1 December
2009, it comes into operation on that day.
__________________
561180B.I-7/10/2008 2 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 3
PART 2--RACING ACT 1958
3 Definitions in Part I See:
Act No.
6353.
(1) Insert the following definitions in section 3(1) of Reprint No. 13
the Racing Act 1958-- as at
31 December
5 "approved substitute means a registered 2005
and
bookmaker's key employee approved under amending
section 91AB by a controlling body to carry Act Nos
45/2003,
on the business of a registered bookmaker; 40/2006,
80/2006,
bookmaker's key employee has the same meaning 18/2007 and
10 as in the Gambling Regulation Act 2003; 12/2008.
LawToday:
www.
registered bookmaker has the same meaning as in legislation.
the Gambling Regulation Act 2003; vic.gov.au
registered bookmaker's key employee has the
same meaning as in the Gambling
15 Regulation Act 2003;".
(2) In section 3(1) of the Racing Act 1958, the
definition of approved bookmaking company is
repealed.
4 Division 2 of Part I
20 In the heading to Division 2 of Part I of the
Racing Act 1958, for "Betting, &c., at race
meetings" substitute "Legality of betting".
5 New section 4 substituted and section 4A inserted
For section 4 of the Racing Act 1958
25 substitute--
"4 Betting with registered bookmaker
(1) Despite anything in the Gambling
Regulation Act 2003 (except Divisions 5
and 6 of Part 5 of Chapter 4) or any other
30 law, it is not a contravention of that Act or
law, and a racecourse is not a common
gaming house or place for the purposes of
561180B.I-7/10/2008 3 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 5
that Act, if a person bets by way of
wagering--
(a) on any horse race, harness race or
greyhound race; or
5 (b) on any approved betting event; or
(c) on a group of races approved by the
Minister under section 2.5.16(1)(b) of
the Gambling Regulation Act 2003 or
on a race from such a group of races--
10 in accordance with this section.
(2) The racecourse must be licensed under this
Part.
(3) The bet must be made--
(a) with a registered bookmaker; or
15 (b) with an approved substitute--
who is present on the racecourse at the time
the bet is made.
(4) The bet must be made--
(a) during the holding of a race meeting at
20 the racecourse by a person present on
the racecourse; or
(b) at any time by a person not present on
the racecourse using a method of
communication approved by the
25 Minister under section 4A.
(5) In this section, a reference to a racecourse
licensed under this Part includes a reference
to land otherwise authorised for the holding
of race meetings under this Part or Part III.
561180B.I-7/10/2008 4 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 6
4A Methods of remote betting
(1) The Minister, by notice published in the
Government Gazette, may approve a method
of communication which may be used by
5 registered bookmakers or approved
substitutes to accept bets from persons not
present on the racecourse on which the
bookmaker is carrying on business.
(2) The Minister may give approval for any
10 period and on any conditions that the
Minister thinks fit and may vary or withdraw
any approval so given.".
6 Definition of harness racing industry participant
In section 38(1) of the Racing Act 1958, in the
15 definition of harness racing industry participant,
in paragraph (b)(i), for "bookmakers registered
under Part IV" substitute "registered
bookmakers".
7 Definition of greyhound racing industry participant
20 In section 51(1) of the Racing Act 1958, in the
definition of greyhound racing industry
participant, in paragraph (b)(i), for "bookmakers
registered under Part IV" substitute "registered
bookmakers".
25 8 Definition of penalty
In section 83F of the Racing Act 1958, in the
definition of penalty, for "bookmakers' clerk"
(wherever occurring) substitute "bookmaker's key
employee".
561180B.I-7/10/2008 5 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 9
9 Definition of bookmaking licence
(1) In section 83P of the Racing Act 1958, for the
definition of bookmaking licence substitute--
"bookmaking licence means a licence or other
5 authority issued in respect of a bookmaker or
bookmaker's key employee by a controlling
body or racing club under any rules made
under section 5, 91A or 91B;".
(2) In section 83P of the Racing Act 1958, in the
10 definition of occupational racing licence, for
"bookmaking licence" substitute "bookmaking
licence or registration of a bookmaker or
bookmaker's key employee under Part 5A of
Chapter 4 of the Gambling Regulation Act
15 2003".
10 Amendment of Part IV
(1) For the heading to Part IV of the Racing Act 1958
substitute--
"PART IV--REGISTERED BOOKMAKERS AND
20 CONTROLLING BODIES".
(2) In section 84 of the Racing Act 1958, the
definitions of approved bookmaking company,
bookmaker's clerk, Committee, member,
substitute licence and substitute permit and
25 trading bookmaking partnership are repealed.
(3) Sections 85, 85AA, 85A, 86, 86A, 86B, 86C, 87,
87B, 88, 89 and 90 of the Racing Act 1958 are
repealed.
561180B.I-7/10/2008 6 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 11
11 New section 91 substituted
For section 91 of the Racing Act 1958
substitute--
"91 Requirements for bookmakers to carry on
5 business
(1) A person must not carry on the business of
bookmaking on a racecourse or part of a
racecourse or a sports ground unless the
person--
10 (a) is a registered bookmaker or an
approved substitute; and
(b) in the case of a registered bookmaker,
holds a club bookmaker's licence issued
to the bookmaker for that racecourse or
15 part of a racecourse or sports ground if
such a licence is required by a
controlling body or by any racing club
or promoter of sports to enable the
bookmaker to carry on the business of
20 bookmaking.
Penalty: Level 8 imprisonment (1 year
maximum) or level 8 fine
(120 penalty units) or both.
(2) If a controlling body requires a bookmaker to
25 hold a club bookmaker's licence for race
meetings at a racecourse, then the
bookmaker is not required to obtain a club
bookmaker's licence from any racing club in
respect of those race meetings.
30 (3) If Racing Victoria requires a bookmaker to
hold a club bookmaker's licence for the
purposes of betting in accordance with
section 4(4)(b), the bookmaker is not
required to obtain a club bookmaker's licence
35 from any other racing club in respect of that
betting.
561180B.I-7/10/2008 7 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 12
(4) A person carrying on the business of
bookmaking on a racecourse or part of a
racecourse or a sports ground must not
employ a person as a bookmaker's key
5 employee unless the person is a registered
bookmaker's key employee.
Penalty: 20 penalty units.".
12 Controlling bodies may make rules
After section 91A(3) of the Racing Act 1958
10 insert--
"(4) A controlling body must advise the
Commission of any disciplinary action taken
against a bookmaker under rules made under
this section within 48 hours of the taking of
15 the action.
(5) On being advised of any disciplinary action
taken against a bookmaker, the Commission
may request in writing to the controlling
body any further information relating to the
20 disciplinary action.
(6) The controlling body must give the
information requested under subsection (5)
to the Commission within 14 days or the
longer period allowed by the Commission.".
25 13 New section 91AB inserted
After section 91A of the Racing Act 1958
insert--
"91AB Approved substitutes
(1) A registered bookmaker may apply to a
30 controlling body for approval of a registered
bookmaker's key employee to carry on the
business of the registered bookmaker during
a period of absence.
561180B.I-7/10/2008 8 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 14
(2) An approval by the controlling body under
subsection (1) may be given generally or in
relation to particular race meetings or dates.
(3) Each controlling body must establish and
5 maintain a Register of Approved Substitutes.
(4) The Register must contain the following
information--
(a) the name of each registered bookmaker
who has an approved substitute; and
10 (b) the name of the approved substitute for
that registered bookmaker; and
(c) the period of time for which the
approval was granted; and
(d) if applicable, the particulars of the race
15 meetings and dates for which the
approved substitute will substitute for
the registered bookmaker.
(5) A controlling body must make its Register
available for inspection by the Commission.
20 (6) An approved substitute is subject to the
provisions of this Act and every other Act in
all respects as if the approved substitute were
a registered bookmaker or the holder of a
club bookmaker's licence.".
25 14 Provision of information regarding betting records
(1) In section 91E of the Racing Act 1958, for
"bookmaker or bookmaker's clerk" substitute
"registered bookmaker or registered bookmaker's
key employee".
30 (2) In section 91E(b) of the Racing Act 1958, for
"Committee" substitute "Commission".
561180B.I-7/10/2008 9 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 15
15 New section 92 substituted
For section 92 of the Racing Act 1958
substitute--
"92 Production of documents by bookmakers
5 and bookmaker's key employees
(1) A bookmaker carrying on the business of
bookmaking on a racecourse or part of a
racecourse or a sports ground must produce
for inspection--
10 (a) evidence of registration under Part 5A
of Chapter 4 of the Gambling
Regulation Act 2003; or
(b) evidence of a licence required under
section 91(1)(b)--
15 if so requested by an authorised person.
Penalty: 20 penalty units.
(2) A bookmaker's key employee who is
working on a racecourse or part of a
racecourse or a sports ground must produce
20 for inspection evidence of registration under
Part 5A of Chapter 4 of the Gambling
Regulation Act 2003 if so requested by an
authorised person.
Penalty: 20 penalty units.
25 (3) In this section--
authorised person means--
(a) the secretary or chairman of the
club conducting the races on the
racecourse; or
30 (b) the promoter of any sports on the
sports ground; or
(c) a police member; or
561180B.I-7/10/2008 10 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 16
(d) an inspector appointed under
section 10.5.1 of the Gambling
Regulation Act 2003.".
16 Repeal of sections 93 and 94
5 Sections 93 and 94 of the Racing Act 1958 are
repealed.
17 Guarantee of bookmakers against defaults in
payment of wagers
(1) In section 94A(1AA) of the Racing Act 1958
10 insert the following definition--
"bond includes a guarantee;".
(2) In section 94A(1AA) of the Racing Act 1958, for
the definition of determined amount substitute--
"determined amount, in relation to a bond, class
15 of registered bookmaker or class of wager,
means the amount determined by Order
under subsection (2B) in respect of that
bond, class of registered bookmaker or class
of wager.".
20 (3) In section 94A(1AA) of the Racing Act 1958 the
definition of registered bookmaker is repealed.
(4) For section 94A(1) of the Racing Act 1958
substitute--
"(1) The Commission, with the approval of the
25 Minister, may--
(a) arrange with the Victorian Bookmakers
Association Limited ACN 004 236 677
(the Company) for the Company to
lodge with the Commission a bond in
30 the determined amount, in the
circumstances and to the extent
provided by this section, to satisfy
defaults made by registered
bookmakers or their approved
561180B.I-7/10/2008 11 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 17
substitutes in the payment of wagers to
persons betting with them in
accordance with section 4, a club
betting permit or section 2.5.10 of the
5 Gambling Regulation Act 2003; or
(b) require a registered bookmaker to make
arrangements satisfactory to the
Commission for the lodgement of a
bond in the determined amount to
10 satisfy defaults made by the bookmaker
or the bookmaker's approved
substitute.".
(5) In section 94A(2) of the Racing Act 1958--
(a) after "bond" insert "under subsection
15 (1)(a)";
(b) for "Committee" (where first occurring)
substitute "Commission";
(c) for "chairman of the Committee" substitute
"Commission".
20 (6) For section 94A(2A) of the Racing Act 1958
substitute--
"(2A) A bond under subsection (1)(a) may limit the
liability of the Company--
(a) in relation to each registered
25 bookmaker who is a member of a class
determined by Order under subsection
(2B), to the payment, in respect of all
defaults by that registered bookmaker
in the payment of wagers (not being
30 defaults to which paragraph (b)
applies)--
(i) of a total amount of not less than
the determined amount in respect
of that class of registered
35 bookmaker; or
561180B.I-7/10/2008 12 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 17
(ii) if the registered bookmaker is a
member of more than one class, of
a total amount of not less than the
highest determined amount in
5 respect of those classes of
registered bookmaker; and
(b) in relation to each registered
bookmaker, to the payment, in respect
of all defaults by that registered
10 bookmaker in the payment of wagers of
a class determined by Order under
subsection (2B), of a total amount of
not less than the determined amount in
respect of that class of wager.".
15 (7) For section 94A(2B) of the Racing Act 1958
substitute--
"(2B) The Governor in Council, by Order
published in the Government Gazette, may
determine for the purposes of this section--
20 (a) the amount of a bond referred to in
subsection (1)(a) or (b); and
(b) classes of registered bookmaker and an
amount in respect of each class; and
(c) classes of wager and an amount in
25 respect of each class.".
(8) In section 94A(3) of the Racing Act 1958, after
"bond" (where first occurring) insert "under
subsection (1)(a)".
(9) In section 94A(4) of the Racing Act 1958 omit
30 "or an approved bookmaking company".
(10) In section 94A(5)(a) of the Racing Act 1958 omit
"or the approved bookmaking company,".
(11) In section 94A(5)(b) of the Racing Act 1958 omit
"or the approved bookmaking company,".
561180B.I-7/10/2008 13 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 17
(12) In section 94A(5A) of the Racing Act 1958--
(a) omit "or the approval of an approved
bookmaking company";
(b) for "Committee" (wherever occurring)
5 substitute "Commission".
(13) In section 94A(5A)(b) of the Racing Act 1958
omit "or the approved bookmaking company,".
(14) In section 94A(5B) of the Racing Act 1958 omit
"or an approved bookmaking company,".
10 (15) In section 94A(5B)(b)(i) of the Racing Act 1958
omit "or approved bookmaking company's
approval,".
(16) In section 94A(5B)(b)(ii) of the Racing Act 1958
omit "or the approved bookmaking company,".
15 (17) In section 94A(5C) of the Racing Act 1958, for
"Committee" substitute "Commission".
(18) In section 94A(5D) of the Racing Act 1958--
(a) for "Committee" (wherever occurring)
substitute "Commission";
20 (b) omit "or an approved bookmaking
company,".
(19) In section 94A(6) of the Racing Act 1958, for
"Committee" substitute "Commission".
(20) In section 94A(7) of the Racing Act 1958--
25 (a) omit "or an approved bookmaking
company,";
(b) for "Committee" substitute "Commission".
(21) In section 94A(8) of the Racing Act 1958, for
"Committee" (wherever occurring) substitute
30 "Commission".
561180B.I-7/10/2008 14 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 2--Racing Act 1958
s. 17
(22) In section 94A(10) of the Racing Act 1958, for
"Committee" (wherever occurring) substitute
"Commission".
(23) In section 94A(11) of the Racing Act 1958, in the
5 definition of relevant authority--
(a) in paragraph (a), for "4(1)(a)" substitute
"4(4)(a)";
(b) in paragraph (b), for "4(1)(b)" substitute
"4(4)(b)".
__________________
561180B.I-7/10/2008 15 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 18
PART 3--GAMBLING REGULATION ACT 2003
See: 18 Definitions
Act No.
114/2003.
Reprint No. 2
(1) In section 1.3(1) of the Gambling Regulation
as at Act 2003, the definitions of approved bookmaker
1 October
5 2007
and approved bookmaking company are
and repealed.
amending
Act Nos (2) In section 1.3(1) of the Gambling Regulation
16/2004,
39/2007, Act 2003, in the definition of registered
72/2007, bookmaker, for "certificate of registration as a
4/2008,
10 12/2008 and bookmaker under Part IV of the Racing Act
40/2008. 1958" substitute "certificate of registration as a
LawToday:
www. registered bookmaker under Part 5A of
legislation. Chapter 4".
vic.gov.au
(3) In section 1.3(1) of the Gambling Regulation
15 Act 2003 insert the following definitions--
"bookmaker includes--
(a) a person who (whether on the person's
own account or as employee or agent of
any other person) carries on the
20 business or vocation of or acts as a
bookmaker or turf commission agent;
(b) a person who gains or endeavours to
gain a livelihood wholly or partly by
betting or making wagers;
25 bookmaker's key employee means a person who
is--
(a) employed by a bookmaker in a
managerial capacity; or
(b) authorised to make decisions, involving
30 the exercise of his or her discretion,
which are relevant to the business
operations of a bookmaker; or
561180B.I-7/10/2008 16 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 19
(c) employed in any other activity relating
to the operations of a bookmaker that is
specified by the Commission;
registered bookmaker's key employee means the
5 holder of a current certificate of registration
as a registered bookmaker's key employee
under Part 5A of Chapter 4;".
(4) After section 1.3(3) of the Gambling Regulation
Act 2003 insert--
10 "(4) For the purposes of the definition of
bookmaker's key employee in subsection (1),
the Commission may specify any activity
relating to the operations of a bookmaker by
giving written notice to the bookmaker.".
15 19 Non-application of section 2.4.1
(1) In section 2.4.2(b) of the Gambling Regulation
Act 2003--
(a) for "an approved bookmaker" substitute
"a registered bookmaker";
20 (b) for "Part IV of the Racing Act 1958"
substitute "Part 5A of Chapter 4".
(2) For section 2.4.2(c) of the Gambling Regulation
Act 2003 substitute--
"(c) any bet made in the name of a trading
25 bookmaking partnership (within the meaning
of Part 5A of Chapter 4) all the members of
which have approval to be members of that
partnership under section 4.5A.10, being a
bet made in accordance with section 4 of the
30 Racing Act 1958; or".
20 What are betting houses and places of betting?
In section 2.5.1(1)(c) of the Gambling
Regulation Act 2003, for "an approved
bookmaker" substitute "a registered bookmaker".
561180B.I-7/10/2008 17 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 21
21 Exceptions to restrictions on publishing betting
information
(1) In section 2.5.16(1)(b) of the Gambling
Regulation Act 2003, for "an approved
5 bookmaker" substitute "a registered bookmaker".
(2) In section 2.5.16(2) of the Gambling Regulation
Act 2003, for "An approved bookmaker who uses
a method of communication approved under
section 86A" substitute "A registered bookmaker
10 who uses a method of communication approved
under section 4A".
(3) In section 2.5.16(3) of the Gambling Regulation
Act 2003, for "An approved bookmaker who is
authorised under Part IV of the Racing Act 1958"
15 substitute "A registered bookmaker who is
authorised under Part 5 of Chapter 4".
22 Restrictions on publication and use of race fields
In section 2.5.19B(2)(c) of the Gambling
Regulation Act 2003, for "an approved
20 bookmaker" substitute "a registered bookmaker".
23 New Part 5A of Chapter 4 inserted
After Part 5 of Chapter 4 of the Gambling
Regulation Act 2003 insert--
"PART 5A--BOOKMAKER AND
25 BOOKMAKING RELATED REGISTRATIONS
4.5A.1 Definitions
In this Part--
trading bookmaking partnership means a
partnership under the trading name of
30 which wagers are taken.
561180B.I-7/10/2008 18 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
4.5A.2 Application for registration as bookmaker
(1) An individual aged 18 years or more or a
corporation may apply to the Commission
for registration as a bookmaker.
5 (2) An application under subsection (1)--
(a) must be in the form approved by the
Commission; and
(b) must be accompanied by the prescribed
fee (if any); and
10 (c) must contain or be accompanied by any
additional information the Commission
requires; and
(d) if the applicant is a corporation, must
nominate an individual aged 18 years or
15 more for approval under section 4.5A.8
to be the nominee of the corporation.
(3) If a requirement made by or under this
section is not complied with, the
Commission may refuse to consider the
20 application.
4.5A.3 Application for registration as
bookmaker's key employee
(1) An individual aged 18 years or more may
apply to the Commission for registration as a
25 bookmaker's key employee.
(2) An application under subsection (1)--
(a) must be in the form approved by the
Commission; and
(b) must be accompanied by the prescribed
30 fee (if any); and
(c) must contain or be accompanied by any
additional information the Commission
requires.
561180B.I-7/10/2008 19 BILL LA INTRODUCTION 7/10/2008
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Part 3--Gambling Regulation Act 2003
s. 23
(3) If a requirement made by or under this
section is not complied with, the
Commission may refuse to consider the
application.
5 4.5A.4 Determination of application for
registration as bookmaker
(1) The Commission is to determine whether to
grant or refuse an application for registration
as a bookmaker.
10 (2) In determining whether to grant or refuse an
application, the Commission must have
regard to--
(a) whether the applicant, and each
associate of the applicant, is of good
15 repute, having regard to character,
honesty and integrity; and
(b) whether the applicant, and each
associate of the applicant, has any
business association with any person,
20 body or association who or which, in
the opinion of the Commission, is not
of good repute having regard to
character, honesty and integrity or has
undesirable or unsatisfactory financial
25 resources; and
(c) whether the applicant, and each
associate of the applicant, is of sound
and stable financial background; and
(d) if the applicant is a corporation--
30 (i) whether the applicant has, or has
arranged for, a satisfactory
ownership, trust or corporate
structure; and
561180B.I-7/10/2008 20 BILL LA INTRODUCTION 7/10/2008
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Part 3--Gambling Regulation Act 2003
s. 23
(ii) whether the nominee, each
director, partner, trustee, executive
officer and secretary and any other
officer or person determined by
5 the Commission to be associated
or connected with the ownership,
administration or management of
the operations or business of the
applicant is a suitable person to
10 act in that capacity; and
(e) whether appropriate bond arrangements
for the applicant under section 94A of
the Racing Act 1958 are in place.
(3) The Commission must give written notice of
15 its decision on an application to the
applicant.
(4) If the Commission refuses an application, the
notice under subsection (3) must include the
reasons for the refusal.
20 4.5A.5 Determination of application for
registration as bookmaker's key employee
(1) The Commission is to determine whether to
grant or refuse an application for registration
as a bookmaker's key employee.
25 (2) In determining whether to grant or refuse an
application, the Commission must have
regard to whether the applicant, and each
associate of the applicant, is of good repute,
having regard to character, honesty and
30 integrity.
(3) The Commission must give written notice of
its decision on an application to the
applicant.
(4) If the Commission refuses an application, the
35 notice under subsection (3) must include the
reasons for the refusal.
561180B.I-7/10/2008 21 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
4.5A.6 Certificate of registration and identity
card
(1) On granting an application for registration as
a bookmaker or bookmaker's key employee,
5 the Commission must issue a certificate of
registration and an identity card to the
registration holder.
(2) At all times while working as a registered
bookmaker or bookmaker's key employee on
10 a licensed racecourse--
(a) the registration holder; or
(b) if the registration holder is a registered
bookmaker that is a corporation, the
nominee of the registered bookmaker--
15 must wear his or her identity card in such a
manner as to be visible to other people.
(3) In the event that a certificate of registration
or identity card is lost or destroyed, the
registration holder or nominee may apply to
20 the Commission for a replacement certificate
or card.
(4) An application for a replacement certificate
of registration or identity card must--
(a) be accompanied by a statutory
25 declaration as to the circumstances in
which the certificate or card was lost or
destroyed; and
(b) be accompanied by the prescribed fee
(if any).
561180B.I-7/10/2008 22 BILL LA INTRODUCTION 7/10/2008
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Part 3--Gambling Regulation Act 2003
s. 23
(5) If the registration is cancelled or suspended,
the registration holder must return the
certificate of registration and identity card to
the Commission within 14 days after the
5 suspension or cancellation.
Penalty: 20 penalty units.
4.5A.7 Duration of registration as bookmaker or
bookmaker's key employee
Registration as a bookmaker or bookmaker's
10 key employee--
(a) takes effect when the certificate of
registration is given or on a later date
specified in the certificate; and
(b) remains in force for the term not
15 exceeding 5 years specified in the
registration unless sooner cancelled or
surrendered.
4.5A.8 Nominee of corporation
(1) The Commission may approve or refuse to
20 approve a person nominated under section
4.5A.2(2)(d) by either approving or refusing
to approve the nominated person and must
notify the applicant of its decision in writing.
(2) The Commission may refuse to approve a
25 nominated person unless it is satisfied that
the person, and each associate of the person,
is a suitable person to be concerned in or
associated with the management and
operation of the corporation.
30 (3) In determining whether a nominated person
is a suitable person under subsection (2), the
Commission must consider--
(a) whether the nominee is of good repute,
having regard to character, honesty and
35 integrity; and
561180B.I-7/10/2008 23 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
(b) whether the nominee and each associate
of the nominee are of a sound and
stable financial background.
(4) If the Commission approves a nominated
5 person, the Commission must issue an
identity card to that person.
(5) If--
(a) the Commission refuses to approve a
nominated person; or
10 (b) a nominee who has been approved by
the Commission resigns, is dismissed or
otherwise becomes unable to perform
the functions of the nominee of the
corporation--
15 the applicant or registration holder must
nominate, within 60 days (or the longer
period allowed by the Commission) after the
refusal, resignation or dismissal, or
becoming unable to perform, another
20 individual aged 18 years or more for
approval under this section to be the nominee
of the corporation.
(6) A nominee approved under this section is
liable under this Act as a registered
25 bookmaker.
(7) The approval by the Commission of a
nominee under this section does not limit the
liability of the corporation as a registered
bookmaker.
30 (8) A function of the Commission under this
section may be performed by any
commissioner.
561180B.I-7/10/2008 24 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
4.5A.9 Application of registered bookmakers to
be in partnerships
(1) A registered bookmaker may apply in
writing to the Commission for approval for
5 either or both of the following--
(a) to be a member of a trading
bookmaking partnership; or
(b) to be a member of any other partnership
where the business of that bookmaker
10 as a bookmaker or any substantive parts
of that business are conducted jointly
with other bookmakers.
(2) An application under subsection (1)--
(a) must be in the form approved by the
15 Commission; and
(b) must be accompanied by any additional
information in connection with the
application that the Commission
requires.
20 (3) If a requirement made by or under this
section is not complied with, the
Commission may refuse to consider the
application.
4.5A.10 Approval of registered bookmakers to be
25 in partnerships
(1) The Commission may grant or refuse an
application under section 4.5A.9(1) and may
at any time revoke or vary an approval
granted under this section.
561180B.I-7/10/2008 25 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
(2) An approval under this section ceases to
have effect--
(a) at the time specified by the
Commission, but in any case no later
5 than the third anniversary of the
granting of the approval; or
(b) on the revocation of the approval by the
Commission; or
(c) on the surrender of the approval by the
10 bookmaker to the Commission; or
(d) on the certificate of registration issued
under this Part to any registered
bookmaker who is a member of the
partnership ceasing to have effect--
15 whichever is the earliest.
(3) The Commission may suspend an approval
under this section, and during the period of
suspension the approval has no force or
effect.
20 (4) The Commission may impose a condition on
an approval under this section either on or
after the granting of the application for the
approval.
(5) The Commission may vary or revoke a
25 condition of an approval under this section.
(6) Unless a registered bookmaker has the
approval of the Commission under this
section to do so, the registered bookmaker
must not be a member of--
30 (a) a trading bookmaking partnership; or
(b) any other partnership where the
business of that bookmaker as a
bookmaker or any substantive parts of
561180B.I-7/10/2008 26 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
that business are conducted jointly with
other persons.
4.5A.11 Conditions of registration
On granting an application for registration as
5 a bookmaker or bookmaker's key employee,
the Commission may impose any conditions
of registration that the Commission
considers are appropriate including--
(a) conditions to allow for the proper
10 conduct of bookmaking; or
(b) are otherwise in the public interest.
4.5A.12 Amendment of conditions
(1) The conditions of a registration as a
bookmaker or bookmaker's key employee
15 may be amended in accordance with this
section.
(2) An amendment may be proposed--
(a) by the registration holder by requesting
the Commission in writing; or
20 (b) by the Commission by giving notice of
the proposed amendment and giving
reasons to the registration holder in
writing.
(3) An amendment proposed by the Commission
25 may only be for the proper conduct of
bookmaking or otherwise in the public
interest.
(4) The Commission must give the registration
holder at least 28 days to make a submission
30 concerning an amendment proposed by the
Commission and must consider any
submission made within that period.
561180B.I-7/10/2008 27 BILL LA INTRODUCTION 7/10/2008
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Part 3--Gambling Regulation Act 2003
s. 23
(5) The registration holder may waive the right
under subsection (4) to make a submission
concerning an amendment proposed by the
Commission by giving notice in writing to
5 the Commission.
(6) The Commission must decide whether to
make any proposed amendment, either with
or without changes from that originally
proposed, and must notify the registration
10 holder of its decision in writing.
(7) An amendment takes effect when notice of
the Commission's decision is given to the
registration holder or at any later date that
may be specified in the notice.
15 4.5A.13 Registration renewal
(1) A registered bookmaker or bookmaker's key
employee may, not earlier than 9 months
before the expiration of the current
registration, apply to the Commission for a
20 new registration, in which case--
(a) the current registration continues in
force, unless sooner cancelled or
surrendered, until the new registration
is granted or refused; and
25 (b) if granted, the new registration must be
taken to have been granted on the day
on which the current registration was
due to expire and must be dated
accordingly.
30 (2) An application under subsection (1) must be
made in the form approved by the
Commission and must be accompanied by
the prescribed fee (if any).
561180B.I-7/10/2008 28 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
(3) This Act (except sections 4.5A.2 and 4.5A.3)
applies to and in relation to--
(a) an application under this section for a
new registration; and
5 (b) the determination of such an
application; and
(c) any registration issued as a result of
such an application--
as if the application has been made by a
10 person other than a registered bookmaker or
bookmaker's key employee.
(4) If a requirement made by this section is not
complied with, the Commission may refuse
to consider the application.
15 4.5A.14 Disciplinary action against registered
bookmaker or bookmaker's key employee
(1) In this section--
disciplinary action, against a registered
bookmaker or bookmaker's key
20 employee, means any of the
following--
(a) the cancellation or suspension of
the registration;
(b) the variation of the conditions of
25 the registration;
(c) the issuing of a letter of censure;
(d) in the case of a registered
bookmaker the imposition of a
fine not exceeding an amount that
30 is 50 000 times the value of a
penalty unit fixed by the Treasurer
under section 5(3) of the
Monetary Units Act 2004;
561180B.I-7/10/2008 29 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
grounds for disciplinary action, in relation
to registered bookmaker or
bookmaker's key employee, means any
of the following--
5 (a) that the registration was
improperly obtained in that, at the
time it was granted, there were
grounds for refusing it;
(b) that the registration holder failed
10 to provide information that the
holder is required by this Act or
the Racing Act 1958 to provide or
has provided information knowing
it to be false or misleading;
15 (c) that the registration holder has
contravened this Act or the
Racing Act 1958 or a condition of
the registration;
(d) that--
20 (i) the registration holder; or
(ii) if the registration holder is a
corporation, an executive
officer or nominee of the
corporation--
25 has been found guilty of a relevant
offence;
(e) that the registration holder has
become an insolvent under
administration or, if the
30 registration holder is a
corporation, an externally
administered body corporate;
561180B.I-7/10/2008 30 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 23
(f) that the registration holder is, for
any other reason, not a suitable
person to be registered as a
bookmaker or bookmaker's key
5 employee;
relevant offence means--
(a) an offence against the Racing Act
1958 and regulations under that
Act, or a gaming Act or gaming
10 regulations;
(b) an offence (in Victoria or
elsewhere) involving fraud or
dishonesty;
(c) an indictable offence, or an
15 offence that, if committed in
Victoria, would be an indictable
offence.
(2) The Commission may serve on the registered
bookmaker or bookmaker's key employee a
20 notice in writing giving the holder of the
registration an opportunity to show cause
within 28 days why disciplinary action
should not be taken on grounds for
disciplinary action specified in the notice.
25 (3) The registration holder, within the period
allowed by the notice, may arrange with the
Commission for the making of submissions
to the Commission as to why disciplinary
action should not be taken and the
30 Commission must consider any submissions
made.
(4) The Commission may then take disciplinary
action against the registration holder as the
Commission sees fit and does so by giving
35 written notice of the disciplinary action to
the registration holder.
561180B.I-7/10/2008 31 BILL LA INTRODUCTION 7/10/2008
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Part 3--Gambling Regulation Act 2003
s. 23
(5) If the disciplinary action is the cancellation,
suspension or variation of the terms of the
registration, it takes effect when the notice
under subsection (4) is given or at a later
5 time specified in the notice.
(6) If the disciplinary action is the imposition of
a fine, the fine may be recovered as a debt
due to the State.
4.5A.15 Review by VCAT of registrations as a
10 bookmaker or bookmaker's key employee
A person whose interests are affected may
apply to the Victorian Civil and
Administrative Tribunal for review of--
(a) a decision to refuse an application for
15 registration as a bookmaker or
bookmaker's key employee;
(b) a decision to refuse an application for
approval of registered bookmakers to
be in partnership;
20 (c) a decision to suspend an approval of
registered bookmakers to be in
partnership;
(d) a decision to impose, vary or revoke a
condition of an approval of registered
25 bookmakers to be in partnership;
(e) a decision to refuse an application for
approval of a nominee of a registered
bookmaker;
(f) a decision to impose or amend a
30 condition of a registration as a
bookmaker or bookmaker's key
employee;
(g) a decision to refuse to renew a
registration as a bookmaker or
35 bookmaker's key employee;
561180B.I-7/10/2008 32 BILL LA INTRODUCTION 7/10/2008
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Part 3--Gambling Regulation Act 2003
s. 23
(h) a decision to take disciplinary action
against a registered bookmaker or
bookmaker's key employee.
4.5A.16 Time limit for applying for review
5 An application for review must be made
within 28 days after the later of--
(a) the day on which the decision is made;
or
(b) if, under the Victorian Civil and
10 Administrative Tribunal Act 1998,
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
15 under section 46(5) of that Act that a
statement of reasons will not be given.
4.5A.17 Change in situation of person or associate
(1) This section applies to--
(a) a registered bookmaker;
20 (b) an associate of a registered bookmaker;
(c) a nominee approved under section
4.5A.8.
(2) Whenever a change of a kind specified by
the Commission in writing given to a person
25 to whom this section applies takes place in
the situation existing in relation to that
person, the person must notify the
Commission in writing of the change within
14 days after it takes place.
30 Penalty: 60 penalty units.
(3) A function of the Commission under this
section may be performed by any
commissioner.".
561180B.I-7/10/2008 33 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 24
24 Offences relating to totalisators and approved
betting competitions
(1) In section 4.7.2(2) of the Gambling Regulation
Act 2003, for "bookmaker's clerk" substitute
5 "bookmaker's key employee".
(2) In section 4.7.2(2) of the Gambling Regulation
Act 2003, for "the Racing Act 1958" substitute
"Part 5A of this Chapter".
25 Meaning of interactive game
10 In section 7.1.3(2)(b) of the Gambling
Regulation Act 2003, for "an approved
bookmaker" substitute "a registered bookmaker".
26 Functions of Commission
After section 10.1.4(2)(f) of the Gambling
15 Regulation Act 2003 insert--
"(faa) registering and regulating bookmakers and
bookmaker's key employees;".
27 Amendment to Part 1 of Chapter 10
After section 10.1.26(2)(a) of the Gambling
20 Regulation Act 2003 insert--
"(b) section 4.5A.5;".
28 Amendments to Part 4 of Chapter 10
In the Gambling Regulation Act 2003--
(a) after section 10.4.1(b) insert--
25 "(ba) an application for registration as a
bookmaker or bookmaker's key
employee under Part 5A of Chapter 4;";
(b) after section 10.4.1(c)(iii) insert--
"(iiiaa) as a nominee of a registered bookmaker
30 that is a corporation under section
4.5A.2;";
561180B.I-7/10/2008 34 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 28
(c) in section 10.4.2(2)(b)(vii), for "8.5A.10."
substitute "8.5A.10;";
(d) after section 10.4.2(2)(b)(vii) insert--
"(viii) registration as a bookmaker or
5 bookmaker's key employee under
Part 5A of Chapter 4.";
(e) in section 10.4.3(3)(b)(iv), for "8.5A.10."
substitute "8.5A.10;";
(f) after section 10.4.3(3)(b)(iv) insert--
10 "(v) registration as a bookmaker or
bookmaker's key employee under
Part 5A of Chapter 4.";
(g) in section 10.4.4(3)(b)(iv), for "8.5A.10."
substitute "8.5A.10;";
15 (h) after section 10.4.4(3)(b)(iv) insert--
"(v) registration as a bookmaker or
bookmaker's key employee under
Part 5A of Chapter 4.";
(i) in section 10.4.5(3)(b)(vii), for "8.5A.10."
20 substitute "8.5A.10;";
(j) after section 10.4.5(3)(b)(vii) insert--
"(viii) registration as a bookmaker or
bookmaker's key employee under
Part 5A of Chapter 4.";
25 (k) in section 10.4.7(1), after "licence)," insert
"for registration as a bookmaker or
bookmaker's key employee under Part 5A of
Chapter 4,".
(l) in section 10.4.8, in the definition of
30 gambling authorisation, for "or permit"
substitute ", permit or registration as a
bookmaker or bookmaker's key employee
under Part 5A of Chapter 4".
561180B.I-7/10/2008 35 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 29
29 Consequential amendments to Part 7 of Chapter 10
(1) In section 10.7.1(1) of the Gambling Regulation
Act 2003--
(a) the definition of bookmaker's clerk is
5 repealed; and
(b) in the definition of gamble, in paragraph (g),
for "bookmaker's clerk" substitute
"registered bookmaker's key employee".
(2) In section 10.7.3(4) of the Gambling Regulation
10 Act 2003, for "bookmaker's clerk" substitute
"registered bookmaker's key employee".
(3) In section 10.7.4(4) of the Gambling Regulation
Act 2003, for "bookmaker's clerk" substitute
"registered bookmaker's key employee".
15 30 New Part 20 inserted
After Part 19 of Schedule 7 to the Gambling
Regulation Act 2003 insert--
"PART 20--RACING AND GAMBLING
LEGISLATION AMENDMENT ACT 2008
20 20.1 Definition
In this Part--
amending Act means the Racing and
Gambling Legislation Amendment
Act 2008.
25 20.2 Registration of bookmakers
A person who, immediately before the
commencement of section 23 of the
amending Act, held a certificate of
registration as a bookmaker under section 86
30 of the Racing Act 1958 is taken, on and after
that commencement, to be a bookmaker
registered under Part 5A of Chapter 4 for the
561180B.I-7/10/2008 36 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 30
remaining term of his or her registration,
subject to this Act.
20.3 Approval of bookmakers to be in
partnerships
5 An approval under section 86B of the
Racing Act 1958 that was in force
immediately before the commencement of
section 23 of the amending Act is taken, on
and after that commencement, to be an
10 approval under section 4.5A.10 for the
remaining term of the approval, subject to
this Act.
20.4 Approval of companies to act as
bookmakers
15 (1) A corporation that, immediately before the
commencement of section 23 of the
amending Act, had approval to act as a
bookmaker under section 86C of the Racing
Act 1958 is taken, on and after that
20 commencement, to be a bookmaker
registered under Part 5A of Chapter 4 for the
remaining term of the approval, subject to
this Act.
(2) A corporation referred to in subclause (1)
25 must nominate an individual aged 18 years
or more for approval under section 4.5A.8 to
be the nominee of the corporation.
(3) A nomination under subclause (2) must be
made within 60 days (or the longer period
30 allowed by the Commission) after the
commencement of section 23 of the
amending Act.
561180B.I-7/10/2008 37 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 30
20.5 Registration of bookmaker's clerks
A person who, immediately before the
commencement of section 23 of the
amending Act, held a certificate of
5 registration as a bookmaker's clerk under
section 87 of the Racing Act 1958 is taken,
on and after that commencement, to be a
bookmaker's key employee registered under
Part 5A of Chapter 4 for the remaining term
10 of his or her registration, subject to this Act.
20.6 Applications made but not determined
(1) An application by a person for registration
under section 86 of the Racing Act 1958 that
was made but not determined before the
15 commencement of section 23 of the
amending Act must be determined by the
Commission on or after that commencement
as if it were an application under section
4.5A.2 of this Act by the person for
20 registration as a registered bookmaker.
(2) An application by a bookmaker for approval
under section 86B of the Racing Act 1958
that was made but not determined before the
commencement of section 23 of the
25 amending Act must be determined by the
Commission on or after that commencement
as if it were an application by a registered
bookmaker under section 4.5A.9 of this Act.
(3) An application by a company for approval
30 under section 86C of the Racing Act 1958
that was made but not determined before the
commencement of section 23 of the
amending Act must be determined by the
Commission on or after that commencement
35 as if it were an application under section
4.5A.2 of this Act by the company for
registration as a registered bookmaker.
561180B.I-7/10/2008 38 BILL LA INTRODUCTION 7/10/2008
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Part 3--Gambling Regulation Act 2003
s. 30
(4) An application by a person for registration
under section 87 of the Racing Act 1958 that
was made but not determined before the
commencement of section 23 of the
5 amending Act must be determined by the
Commission on or after that commencement
as if it were an application under section
4.5A.3 of this Act for registration as a
bookmaker's key employee.
10 20.7 Disciplinary action by the Commission
(1) Disciplinary action may be taken by the
Commission under Part 5A of Chapter 4
after the commencement of section 23 of the
amending Act whether the conduct giving
15 rise to that action occurred before, on or after
that commencement.
(2) In taking disciplinary action under Part 5A of
Chapter 4 in relation to conduct occurring
before the commencement of section 23 of
20 the amending Act, the Commission may
have regard to anything done by the
Bookmakers and Bookmakers' Clerks
Registration Committee in relation to that
conduct before that commencement.
25 20.8 Guarantee of bookmakers against defaults
in payment of wagers
(1) A bond in force under section 94A(1) of the
Racing Act 1958 immediately before the
commencement of section 17 of the
30 amending Act remains in force on and after
that commencement, as if, instead of being
given in favour of the Bookmakers and
Bookmakers' Clerks Registration Committee,
it had been given in favour of the
35 Commission.
561180B.I-7/10/2008 39 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 3--Gambling Regulation Act 2003
s. 30
(2) An Order in force under section 94A(2B) of
the Racing Act 1958 immediately before the
commencement of section 17 of the
amending Act remains in force on and after
5 that commencement, as if it were an Order
made under section 94A(2B) of the Racing
Act 1958 as substituted by that section 17.".
__________________
561180B.I-7/10/2008 40 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 4--Instruments Act 1958
s. 31
PART 4--INSTRUMENTS ACT 1958
31 Certain instruments deemed to have been given for
an illegal consideration
For the proviso to section 14 of the Instruments See:
Act No.
5 Act 1958 substitute-- 6279.
Reprint No. 10
"Provided that this section does not apply to as at
1 January
any bill, note, cheque or mortgage where the 2003
whole or part of the consideration is for and
amending
money won by betting by or with a Act Nos
10 bookmaker in accordance with section 4 of 75/2003,
23/2004,
the Racing Act 1958.". 18/2005,
4/2008 and
12/2008.
LawToday:
www.
legislation.
vic.gov.au
__________________
561180B.I-7/10/2008 41 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Part 5--Repeal of amending Act
s. 32
PART 5--REPEAL OF AMENDING ACT
32 Repeal of Act
This Act is repealed on 1 January 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561180B.I-7/10/2008 42 BILL LA INTRODUCTION 7/10/2008
Racing and Gambling Legislation Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561180B.I-7/10/2008 43 BILL LA INTRODUCTION 7/10/2008
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