Victorian Consolidated Legislation
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Gambling Regulation Act 2003 - SECT 1.3.
Definitions
1.3. Definitions
(1) In this Act-
AFL footy tipping competition means a lottery in which the prizes are
distributed on the basis of results of matches in the Australian Football
League and in accordance with the lottery rules for the lottery;
aircraft means a machine or structure used or intended to be used for
navigation of the air;
amusement machine means-
(a) any machine, device, contrivance or electronic apparatus operated for
pecuniary consideration for the purpose of playing games which involve
the activation or manipulation of the machine, device, contrivance or
electronic apparatus to achieve a pre-set, programmed, designated or
otherwise defined score, object or result; and
(b) any machine, device, contrivance or electronic apparatus prescribed as
an amusement machine; approved betting competition means a betting
competition approved by the Minister under section 4.5.3 or the
Commission under section 4.5.6;
approved betting event has the meaning given in section 4.5.1;
* * * * *
* * * * *
approved gaming machine means a gaming machine of a type approved by the
Commission under section 3.5.4;
approved racing club means a club, society or other association the rules of
which are approved under section 26 of the Racing Act 1958;
approved venue means premises-
(a) to which a venue operator's licence applies; and
(b) in respect of which an approval is in force under Part 3 of Chapter 3;
associate has the meaning given in section 1.4;
* * * * *
authorised deposit-taking institution has the same meaning as in the
Banking Act 1959 of the Commonwealth;
authorised person means-
(a) a commissioner; or
(b) an inspector; or
(c) a person appointed under subsection (3); authorising officer, of a
club that is-
(a) a company, means the company's secretary;
(b) a co-operative (within the meaning of the Co-operatives Act 1996),
means the secretary of the co-operative;
(c) an incorporated association (within the meaning of the
Associations Incorporation Act 1981), means the public officer or
secretary of the association; betting contract means a contract,
arrangement or understanding-
(a) to make a bet; or
(b) to enter into betting or take a share or interest in another
transaction that involves a bet; betting exchange means a facility,
electronic or otherwise, that provides a mechanism through which-
(a) offers to enter into betting contracts are regularly made and
accepted; or
(b) offers or invitations to enter into betting contracts are regularly
made that are intended to result, or may reasonably be expected to
result, directly or indirectly, in the acceptance of the offers or
invitations- but does not include a facility that provides a mechanism
through which a betting contract is able to be made with a bookmaker
or a totalisator;
betting rules means rules made in accordance with Chapter 4 for wagering or
approved betting competitions;
bingo means the game of bingo or any similar game;
bingo centre means a house or place in which there is regularly conducted more
than 7 sessions of bingo within a period of 7 consecutive days;
* * * * *
* * * * *
bingo centre operator means the holder of a bingo centre operator's licence;
bingo centre operator's licence means a licence to operate a bingo centre
under Division 1 of Part 5 of Chapter 8; 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 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; 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 the exercise of his or her
discretion, which are relevant to the business operations of a
bookmaker; or
(c) employed in any other activity relating to the operations of a
bookmaker that is specified by the Commission; cash facility means-
(a) an automatic teller machine; or
(b) an EFTPOS facility; or
(c) any other prescribed facility that enables a person to gain access to
his or her funds or to credit;
casino has the same meaning as in the Casino Control Act 1991; casino licence
means a casino licence issued under the Casino Control Act 1991;
casino operator has the same meaning as in the Casino Control Act 1991; casino
special employee's licence means a licence issued under Part 4 of the
Casino Control Act 1991;
club includes club, society or other association of persons by whatever name
called and whether incorporated or unincorporated; club gaming machine
entitlement means a gaming machine entitlement that is subject to a venue
condition that authorises the conduct of gaming in an approved venue in
respect of which a club licence or racing club licence is in force;
club keno game means a game that complies with the prescribed requirements and
is known as club keno; club keno system means an electronic system for
conducting and monitoring club keno games, including terminals and peripheral
equipment for selling tickets and for validating winning tickets, visual
display units, the central processing unit, the game result determination
device, front-end devices and other equipment for communication within the
system and software in so far as it relates to the conduct and monitoring of
club keno games; club licence means a club licence (whether full or
restricted) under section 10 of the Liquor Control Reform Act 1998; commercial
raffle organiser means a person, other than an employee of the holder of a
minor gaming permit, who is retained on a commercial basis to conduct a
raffle, in whole or in part;
commercial raffle organiser's licence means a licence granted under Part 5A of
Chapter 8;
Commission means Victorian Commission for Gambling Regulation established by
section 10.1.1; commissioner means a member of the Commission; common gaming
house or place has the meaning given in section 2.5.20;
community or charitable organisation means an organisation declared to be a
community or charitable organisation under Division 1 of Part 3 of Chapter 8;
community purpose-
(a) in Division 2 of Part 6 of Chapter 3, has the meaning given in section
3.6.2;
(b) elsewhere, means-
(i) any philanthropic or benevolent purpose, including the promotion of
art, culture, science, religion, education or charity, and including
the benefiting of a fund certified to be a patriotic fund under
section 24 of the Patriotic Funds Act 1958 or the fund or part of the
fund of the Australian Red Cross Society; or
(ii) any sporting or recreational purpose, including the benefiting of any
sporting or recreational club or association;
computer cabinet, in relation to a gaming machine, means the sealable cabinet
in the machine that contains the game program storage medium and the Random
Access Memory;
computer server means a computer that is capable of-
(a) communicating with another computer; and
(b) providing to that other computer-
(i) access to a database; or
(ii) transaction based services; or
(iii) software applications;
conduct includes carry on, manage or assist in carrying on or managing;
conduct of gaming has the meaning given in section 3.1.4; constituting
document, of a club that is-
(a) a company, means the constitution of the company;
(b) a co-operative (within the meaning of the Co-operatives Act 1996),
means the rules of the co-operative;
(c) an incorporated association (within the meaning of the
Associations Incorporation Act 1981), means the rules of the
association;
decision, in relation to the Commission, includes determination;
declared operator of a gaming operator's licence, means the company (if any)
declared under section 3.9.1 as operator in relation to the licence;
director, in relation to a body corporate, has the same meaning as in section
9 of the Corporations Act; domestic partner of a person means-
(a) a person who is in a registered relationship with the person; or
(b) an adult person to whom the person is not married but with whom the
person is in a relationship as a couple where one or each of them
provides personal or financial commitment and support of a domestic
nature for the material benefit of the other, irrespective of their
genders and whether or not they are living under the same roof, but
does not include a person who provides domestic support and personal
care to the person-
(i) for fee or reward; or
(ii) on behalf of another person or an organisation (including a government
or government agency, a body corporate or a charitable or benevolent
organisation);
electronic monitoring system means any electronic or computer or
communications system or device that is so designed that it may be used, or
adapted, to send or receive data from gaming equipment in relation to the
security, accounting or operation of gaming equipment;
executive officer, has the meaning given in section 1.4;
Executive Commissioner means Executive Commissioner of the Commission
appointed under section 10.1.9; externally-administered body corporate has the
same meaning as in the Corporations Act; function includes power, authority
and duty;
fundraising event means an event conducted by a community or charitable
organisation for the purpose of raising money for the organisation and at
which unlawful games are played; gambling business means the business of
conducting or operating an activity that is regulated by this Act; gaming Act
means-
(a) this Act;
(b) the Casino Control Act 1991;
gaming equipment means any-
(a) gaming machine;
(b) linked jackpot equipment;
(c) electronic monitoring system;
(d) part of, or replacement part for, any such machine, equipment or
system;
(e) restricted component; gaming industry employee's licence means a
licence issued under Chapter 9A;
gaming licence means the gaming licence granted under Part 3 of Chapter 4;
gaming machine means any device, whether wholly or partly mechanically or
electronically operated, that is so designed that-
(a) it may be used for the purpose of playing a game of chance or a game
of mixed chance and skill; and
(b) as a result of making a bet on the device, winnings may become
payable- and includes any machine declared to be a gaming machine
under section 3.1.3 but does not include-
(c) a lucky envelope vending machine within the meaning of Chapter 8; or
(d) interactive gaming equipment that is used or intended to be used for
the purposes of interactive games and not for gaming of any other
kind;
gaming machine area means-
(a) in relation to an approved venue, an area in the approved venue that
is approved by the Commission under Part 3 of Chapter 3 as an area in
which a gaming machine is permitted to be installed; or
(b) in relation to a casino, an area in the casino that is determined by
the Commission under section 3.1.5(3A) to be a gaming machine area
only for the purposes referred to in that subsection; gaming machine
entitlement means an entitlement created under Part 4A of Chapter 3;
gaming machine entitlement declared day, in relation to a gaming machine
entitlement, means the day declared by the Minister under section 3.4A.1 in
relation to that entitlement;
gaming machine type means a type of gaming machine, including the machine
cabinet and computer hardware and software, on which a range of games may be
played without any alteration to the gaming machine other than the
substitution of a new game program or an alteration to the information or
artwork displayed on the gaming machine;
gaming operator means-
(a) the holder of a gaming operator's licence and the declared operator
(if any) of the licence;
(b) the holder of the gaming licence and the operator or operators (if
any) of the licence approved under section 4.3.15(1)(b); gaming
operator's licence means a licence granted under Division 3 of Part 4
of Chapter 3; gaming regulations means regulations made under a gaming
Act;
gaming token means Australian currency or any token, credit or any other thing
that enables a bet to be made on a gaming machine;
greyhound race means a race in which greyhounds compete;
GST has the same meaning as it has in the
A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;
harness race means a race in which horses compete moving at a gait generally
known as pacing or trotting; Hospitals and Charities Fund means the fund
established under section 136 of the Health Services Act 1988;
horse race means a race in which horses compete but does not include a harness
race; hotel gaming machine entitlement means a gaming machine entitlement that
is subject to a venue condition that authorises the conduct of gaming in an
approved venue in respect of which a pub licence is in force;
* * * * *
inspector means an inspector appointed under section 10.5.1;
interactive game has the meaning given by section 7.1.3; interactive gaming
equipment has the meaning given in section 7.1.2;
interactive gaming licence means a licence under Part 3 of Chapter 7; keno
game means a game approved by the Minister under Part 2A of Chapter 6A;
keno licence means the licence granted under Part 3 of Chapter 6A or a
temporary keno licence issued under section 6A.3.31;
keno licensee means the holder of the keno licence;
keno system means an electronic system for conducting and monitoring keno
games, including terminals and peripheral equipment for selling tickets and
for validating winning tickets, visual display units, the central processing
unit, the game result determination device, front-end devices and other
equipment for communication within the system and software in so far as it
relates to the conduct and monitoring of keno games; key operative means-
(a) the holder of the gaming licence and the wagering licence;
(ab) the wagering and betting licensee;
(b) the holder of a gaming operator's licence;
(c) the holder of a venue operator's licence;
(ca) the keno licensee;
(d) a person listed on the Roll;
(e) a casino operator;
(f) a holder of a public lotteries licence;
(g) a holder of an interactive gaming licence;
(h) a bingo centre operator;
liabilities means all liabilities, duties and obligations, whether actual,
contingent or prospective;
licensed premises has the same meaning as in the
Liquor Control Reform Act 1998;
licensed provider means a person who is licensed under Part 3 of Chapter 7 to
conduct interactive games;
licensed racing club means Harness Racing Victoria, Greyhound Racing Victoria
or a club licensed under section 24A of the Racing Act 1958;
* * * * *
liquor has the same meaning as in the Liquor Control Reform Act 1998;
lottery includes-
(a) any scheme by which prizes of money or of any other property, matter
or thing are, or are proposed to be, drawn or won by lot, dice or any
other mode of chance or by reference to any event or contingency
dependent on chance; or
(b) any scheme in which any such prizes are, or are proposed to be, given
and in which at any stage the persons eligible to receive the prizes
or to participate further in the scheme are, or are to be, determined
by lot, dice or any other mode of chance or by reference to any event
or contingency dependent on chance despite that at an earlier or later
stage a test of knowledge or skill is or may be required to be passed
by any person in order to qualify him or her to receive a prize or to
participate further in the scheme- whether the scheme is real or
pretended or is established or conducted, or intended or proposed to
be established or conducted, and in any case whether wholly or partly
in Victoria or elsewhere, but does not include any distribution of
property or money or raffle such as is referred to in section 2.1.3;
loyalty scheme means-
(a) a system, used in connection with the operation of gaming machines in
approved venues or a casino, in which the players of those gaming
machines accumulate bonus, loyalty or reward points from playing the
gaming machines; or
(b) any other system that tracks a player's expenditure on a gaming
machine; loyalty scheme provider means a person who conducts a loyalty
scheme; Melbourne Statistical Division means the Major Statistical
Region of Melbourne described in the publication entitled Statistical
Geography-Volume 1-Australian Standard Geographical Classification
(ASGC), Catalogue number 1216.0 published in 1996 by the Australian
Bureau of Statistics;
minor means a person who is under the age of 18 years;
money includes bank notes, cheques, drafts provided by an authorised
deposit-taking institution and any order, warrant, Commission or request for
the payment, collection or receipt of money;
money clearance means the removal of gaming tokens from the drop box of a
gaming machine; monitoring licence means the licence granted under Division 4
of Part 4 of Chapter 3;
monitoring licensee means the holder of the monitoring licence;
municipal district has the same meaning as in the Local Government Act 1989;
municipal limit means the maximum permissible number, determined and in force
under section 3.2.4, of gaming machines available for gaming in a municipal
district or part of a municipal district;
newspaper includes a newspaper printed in any part of the Commonwealth;
* * * * *
perform a function includes exercise a power or authority; person includes a
body (whether or not incorporated), a partnership and the Trustees;
political party means a political party registered under-
(a) the Electoral Act 2002; or
(b) the Commonwealth Electoral Act 1918 of the Commonwealth; or
(c) a law of another State or Territory of the Commonwealth corresponding
to a law referred to in paragraphs (a) and (b);
pooling scheme means an arrangement, whether or not in writing and whether or
not enforceable at law, under which a person derives a direct or indirect
benefit from the gross proceeds of the conduct of a session of bingo games and
that person is not the holder of the minor gaming permit for that session;
pre-commitment mechanism means a prescribed mechanism or system that allows a
person to set a time limit or net loss limit before that person plays a gaming
machine;".
property means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description; pub licence means a general licence under section 8 of the
Liquor Control Reform Act 1998; public lottery has the meaning given in
section 5.1.2;
public lottery licence means a public lottery licence issued under Division 2
of Part 3 of Chapter 5 or a temporary public lottery licence issued under
section 5.3.27;
public lottery licensee means a person or body that holds a public lottery
licence; public place includes-
(a) a public highway;
(b) a park, garden, reserve or other place of public recreation or resort;
(c) a railway station, platform or carriage;
(d) a wharf, pier or jetty;
(e) a passenger ship or hire vessel;
(f) a hire vehicle;
(g) a church or chapel open to the public or any other building where
divine service is publicly held;
(h) a State school, including the school's land or premises;
(i) a public hall, theatre or room where members of the public are, or are
assembling for or departing from, a public entertainment or meeting;
(j) a market;
(k) an auction room, mart or place while a sale or auction is proceeding;
(l) licensed premises or authorised premises within the meaning of the
Liquor Control Reform Act 1998;
(m) a racecourse, cricket ground, football ground or other sporting ground
where members of the public are present or are permitted to have
access to, whether with or without an admission fee;
(n) any open place to which the public have access;
race includes a division of a race; race field means any information that
identifies, or is capable of identifying, the names or numbers of the horses
or greyhounds-
(a) nominated for, or which will otherwise take part in, an intended horse
race, harness race or greyhound race to be conducted in Victoria; or
(b) that have been scratched or withdrawn from an intended horse race,
harness race or greyhound race to be conducted in Victoria;
race meeting (except in Chapter 2) means a meeting conducted by a licensed
racing club for the purpose of horse racing, harness racing or greyhound
racing; Note Section 2.1.2 defines race meeting for the purposes of Chapter 2.
racing club licence means a licence under Part I of the Racing Act 1958;
Racing Products means Racing Products Victoria Pty Ltd (A.C.N. 064 067 867);
Racing Victoria has the same meaning as in Part I of the Racing Act 1958;
raffle-
(a) means any lottery by which any property, matter or thing (not
including money, stocks or shares or any warrant, order or security
for the payment of money) is assigned by the drawing of lots or by any
other method of chance to one or more of a number of persons each of
whom has paid a certain sum for a chance of taking or participating in
such assignment; and
(b) despite paragraph (a), includes any lottery in which money is assigned
if-
(i) the money is part of a prize which includes travel or accommodation or
both; and
(ii) the value of the money assigned does not exceed 10% of the total value
of the prize or any other amount that is approved by the Commission in
writing in a particular case;
random number generator means a machine or device that is so designed that it
may be used to select random numbers;
refund means the amount of an investment made in a totalisator under this Act
which is repayable to an investor (whether wholly or partly) in accordance
with the betting rules;
regional limit means the maximum permissible number of gaming machines
available for gaming in a region of the State determined and in force under
section 3.2.4;
Register means the Register of Venue Operators and Approved Venues established
and maintained under section 3.4.13;
registered bookmaker means the holder of a current certificate of registration
as a registered bookmaker under Part 5A of Chapter 4;
registered bookmaker's key employee means the holder of a current certificate
of registration as a registered bookmaker's key employee under Part 5A of
Chapter 4;
registered company auditor means a person registered as an auditor, or taken
to be so registered, under Part 9.2 of the Corporations Act;
related entity, in relation to the Trustees, includes-
(a) a body corporate, partnership or trust of which, or in which-
(i) the Trustees or one or more of the Trustees; or
(ii) a person who holds a direct or indirect interest as legatee,
beneficiary or otherwise in the will and estate of the late George
Adams; or
(iii) a person who is a discretionary beneficiary in that will and estate-
is a director, partner or trustee or holds a substantial interest,
whether direct or indirect; and
(b) a trust of which the Trustees, or one or more of the Trustees, or a
person referred to in paragraph (a)(ii) or (iii) is a beneficiary or
discretionary beneficiary;
related body corporate, in relation to a body corporate, has the same meaning
as in section 9 of the Corporations Act;
relevant financial interest has the meaning given in section 1.4;
relevant power has the meaning given in section 1.4;
relative has the meaning given in section 1.4; Responsible Gambling Code of
Conduct means a Code of Conduct to foster responsible gambling;
restricted component, in relation to gaming equipment, means any component
that is prescribed as a restricted component;
rights means all rights, powers, privileges and immunities, whether actual,
contingent or prospective;
Roll means the Roll of Manufacturers, Suppliers and Testers established under
section 3.4.60; Secretary means Secretary to the Department of Justice;
self-excluded person means a person who has voluntarily excluded himself or
herself from a gaming machine area under a self-exclusion program;
self-exclusion program means a program that-
(a) enables a person to voluntarily exclude himself or herself from a
gaming machine area; and
(b) enables the venue operator to prohibit such a person from that area;
sell includes offer for sale;
share, in relation to a body corporate, has the same meaning as in section 9
of the Corporations Act; soccer football pool means a lottery in which the
prizes are distributed on the basis of results of soccer football matches in
Australia or elsewhere and in accordance with the lottery rules for the
lottery, whereby results are selected and given an order of rank;
* * * * *
spin means a sequence of actions and states in a gaming machine initiated by a
player through a wagering of credits and terminated when all credits wagered
have been lost or all winnings have been transferred to the gaming machine's
total wins meter and the player's credit meter; spin rate, in relation to a
gaming machine, means the interval between spins on the gaming machine; sports
betting event has the meaning given in section 4.5.1;
sports betting provider has the meaning given in section 4.5.1;
sports controlling body has the meaning given in section 4.5.1;
spouse of a person means a person to whom the person is married;
subsidiary-
(a) in relation to a body corporate, means another body corporate that is
a subsidiary of the first-mentioned body corporate within the meaning
of the Corporations Act (but not a subsidiary of another such body
corporate);
(b) in relation to any other body (including the Trustees), means a body
corporate that, if the body were a body corporate, would be a
subsidiary of the body within the meaning of the Corporations Act (but
not a subsidiary of another such body corporate);
tabaret premises means-
(a) the Old Ballarat Village situated at 623-643 Main Road, Ballarat;
(b) Tabaret situated at the All Seasons Motor Inn, 171-183 McIvor Road,
Bendigo;
* * * * *
telecommunication device means-
(a) a computer adapted for communicating by way of the internet or another
communications network; or
(b) a television receiver adapted to allow the viewer to transmit
information by way of a cable television network or another
communications network; or
(c) a telephone; or
(d) any other electronic device or thing for communicating at a distance;
the applied provisions has the meaning given in section 9.1.2;
this Act includes the applied provisions;
ticket includes-
(a) any document or thing purporting to be, or usually or commonly known
as, a ticket or giving, or purporting to give, or usually or commonly
understood to give, any right, title, chance, share, interest,
authority or permission in or in connection with a lottery, or
intended or proposed lottery, or any game, including a ticket in
electronic form; and
(b) in relation to a totalisator-a card, token or thing entitling or
purporting to entitle any person to any interest in any dividend,
division or distribution of any money by means of, or in connection
with, or as the result of, the operation of a totalisator;
totalisator means a scheme of pari-mutuel betting, whether conducted by means
of an instrument or contrivance known as a totalisator or otherwise;
trade or business, in relation to a community or charitable organisation,
includes the conduct of a trade or business of promoting a community or
charitable purpose of the organisation; trade promotion lottery means a
lottery for the promotion of a trade or business; Tribunal means Victorian
Civil and Administrative Tribunal established by the
Victorian Civil and Administrative Tribunal Act 1998;
Trustees means the trustees of the will and estate of the late George Adams;
unlawful game means a game declared to be an unlawful game by section 2.3.1;
vehicle includes motor vehicle, aircraft, vessel, caravan and trailer;
venue operator means the holder of a venue operator's licence; venue
operator's licence means a club venue operator's licence or a hotel venue
operator's licence issued under Division 2 of Part 4 of Chapter 3;
vessel includes a ship, boat or vehicle that is capable of use in or on water,
whether floating or submersible and whether or not self propelled;
VicRacing means VicRacing Pty Ltd (A.C.N. 064 067 849);
Victorian company means a company within the meaning of the Corporations Act
that is taken to be registered in Victoria;
voting share, in relation to a body corporate, has the same meaning as in
section 9 of the Corporations Act;
wagering means pari-mutuel betting on a horse race, harness race or greyhound
race; wagering and betting licence means the licence granted under Part 3A of
Chapter 4 or a temporary wagering and betting licence issued under section
4.3A.31;
wagering and betting licensee means the holder of the wagering and betting
licence;
wagering event means a horse race, harness race or greyhound race;
wagering licence means the wagering licence granted under Part 3 of Chapter 4;
wagering operator means the company (if any) appointed under section
4.3.15(1)(a) as operator of the wagering licence;
wholly-owned subsidiary-
(a) in relation to a body corporate, means a wholly-owned subsidiary of
the body corporate within the meaning of the Corporations Act;
(b) in relation to the Trustees, means a company-
(i) that is a subsidiary of the Trustees or of a body corporate that is a
subsidiary of the Trustees; and
(ii) none of whose members is a person other than-
(A) the Trustees; or
(B) a nominee of the Trustees; or
(C) a subsidiary of the Trustees, being a subsidiary none of
whose members is a person other than the Trustees or a
nominee of the Trustees; or
(D) a nominee of such a subsidiary;
(c) in relation to any other body, means a body corporate that would be a
wholly-owned subsidiary of the body within the meaning of the
Corporations Act if the body were a body corporate;
written notice includes a notice given in the form of electronic data from
which a written document can be produced or reproduced.
(2) For the purposes of the definition of domestic partner in subsection (1)-
(a) registered relationship has the same meaning as in the
Relationships Act 2008; and
(b) in determining whether persons who are not in a registered
relationship are domestic partners of each other, all the
circumstances of their relationship are to be taken into account,
including any one or more of the matters referred to in section 35(2)
of the Relationships Act 2008 as may be relevant in a particular case;
and
(c) a person is not a domestic partner of another person only because they
are co-tenants.
(3) The Commission may, by instrument, appoint an employee or member of staff
referred to in section 10.1.25 to be an authorised person for the purposes of
this Act.
(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.
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