Authorised Betting Operations Act 2000 (SA)

South Australia

Authorised Betting Operations Act 2000

An Act to provide for the regulation of totalisator and other betting operations.

Contents

Part 1—Preliminary

1Short title

3Interpretation

4Approved contingencies

5Close associates

6Designation of racing controlling authorities

6ACodes of practice etc

6BCriminal intelligence

Part 2—Major betting operations licences

Division 1—Grant, renewal and conditions of licences

7Grant of licences

8Eligibility to hold licence

9Authority conferred by licence

10Term and renewal of licence

11Conditions of licence

Division 2—Agreements with licensee

12Approved licensing agreements

13Racing distribution agreements

15Approved licensing agreement to be tabled in Parliament

Division 3—Dealings with licence or licensed business

16Transfer of licence

17Dealings affecting licensed business

18Other transactions under which outsiders may acquire control or influence

19Surrender of licence

Division 4—Approval of designated persons

20Approval of designated persons

Division 5—Applications and criteria for determination of applications

21Applications

22Determination of applications

Division 6—Investigations by Commissioner

23Investigations

24Investigative powers

25Costs of investigation

26Results of investigation

Division 7—Accounts and audit

27Accounts and audit

28Licensee to supply Commissioner with copy of audited accounts

29Duty of auditor

Division 9—General power of direction

33Directions to licensee

Division 10—Recovery of administration costs

33ACommissioner to recover administration costs

Part 3—Bookmaker's and other licences

Division 1—Licences

34Classes of licences

35Term of licence

36Conditions of licences

37Application for grant or renewal, or variation of condition, of licence

38Determination of applications

38ASuspension of body corporate licence

Part 3A—Authorisation of interstate betting operators

40AAuthorisation of interstate betting operators

Part 3B—Taxation

Division 1—Preliminary

40BInterpretation

Division 2—Betting operations tax

40CTaxation Administration Act

40DLiability to pay tax

40EPayments to Fund

Division 3—Multi-jurisdictional agreements

40FTreasurer may enter into agreements

40GCommissioner of State Taxation must implement agreements

Division 4—Regulations

40HRegulations

Part 4—Regulation of betting operations

Division 1—Major betting operations and on-course totalisator betting operations

41Approval of rules, systems, procedures and equipment

42Location of off-course totalisator offices, branches and agencies

43Prevention of betting by children

44Prohibition of lending or extension of credit

45Cash facilities not to be in certain areas staffed and managed by comprehensive licensee

46Player return information

47Systems and procedures for dispute resolution

48Advertising code of practice

49Responsible gambling code of practice

51Alteration of approved rules, systems, procedures or equipment

Division 2—Bookmaking operations

52Restriction on use of licensed betting shop

53Cash facilities at licensed betting shop

53ABets by telephone, Internet or other electronic means

54Places at which bets may be accepted by bookmakers

60Prevention of betting with children by bookmaker or agent

60AAdvertising code of practice

60BResponsible gambling code of practice

61Prohibition of certain information as to racing or betting

62Rules relating to bookmakers' operations

Division 3—Interstate betting operations

62APrevention of betting by children

62BAdvertising code of practice

62CResponsible gambling code of practice

62DNotification

Division 4—Betting operations relating to racing

62EIntegrity agreements and contribution agreements

62FSupreme Court review

62GContributions for betting operations on races held on or after 1 September 2008 and before commencement of section 62E

62HDisclosure of information and confidentiality

62IProsecution requires Commissioner's consent

Part 5—Enforcement

Division 1—Commissioner's supervisory responsibility

63Responsibility of the Commissioner

Division 2—Power to obtain information

64Power to obtain information

Division 3—Inspectors and powers of authorised officers

65Appointment of inspectors

66Power to enter and inspect

Part 6—Power to deal with default or business failure

Division 1—Statutory default

67Statutory default

68Effect of criminal proceedings

69Compliance notice

70Expiation notice

71Injunctive remedies

72Disciplinary action

73Alternative remedy

73ADisciplinary action for taxation defaults

Division 2—Official management

74Power to appoint manager

75Powers of manager

Division 3—Administrators, controllers and liquidators

76Administrators, controllers and liquidators

Part 7—Review

77Review of Commissioner's decision

79Finality of Governor's decisions

Part 8—Miscellaneous

79ALicensees may bet with interstate licensees conducting fixed-odds betting

80Lawfulness of betting operations conducted in accordance with Act

81Further trade practices authorisations

83False or misleading information

84Offences by bodies corporate

85Reasons for decision

86Power of Commissioner in relation to approvals

87Confidentiality of information provided by Commissioner of Police

88Service

89Evidence

90Annual report

91Regulations

Legislative history

The Parliament of South Australia enacts as follows:

Part 1—Preliminary

1—Short title

This Act may be cited as the Authorised Betting Operations Act 2000.

3—Interpretation

(1)In this Act, unless the contrary intention appears—

advertising code of practice—see section 6A;

agent's licence—see section 34;

approved contingency—see section 4;

approved licensing agreement—see section 12;

authorised betting operator means—

(a)the holder of a licence under this Act; or

(b)an authorised interstate betting operator;

authorised interstate betting operator—see section 40A(3);

authorised officer means—

(a)the Commissioner; or

(c)an inspector; or

(d)a police officer;

betting exchange means a facility, electronic or otherwise, designed to provide a mechanism through which—

(a)offers to make bets are regularly made and accepted; or

(b)offers or invitations to make bets 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 involved in the activities of a bookmaker or the conduct of totalisator betting;

betting shop licence—see section 34;

bookmaker's licence—see section 34;

cash facility means—

(a)an automatic teller machine; or

(b)an EFTPOS facility; or

(c)any other facility, prescribed by regulation, that enables a person to gain access to his or her funds or to credit;

child means a person under the age of 18 years;

close associates—see section 5;

Commissioner means the person for the time being holding or acting in the office of Liquor and Gambling Commissioner under the Liquor Licensing Act 1997 (or the Commissioner's delegate);

compliance notice—see section 69;

comprehensive licence means the comprehensive major betting operations licence granted under section 7(1);

conduct betting operations—a person conducts betting operations if the person conducts totalisator betting, acts as a bookmaker or conducts a betting exchange;

contribution agreement—see section 62E;

criminal intelligence means information relating to actual or suspected criminal activity (whether in this State or elsewhere) the disclosure of which could reasonably be expected to prejudice criminal investigations, to enable the discovery of the existence or identity of a confidential source of information relevant to law enforcement or to endanger a person's life or physical safety;

designated person—see section 20;

domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;

executive officer of a body corporate is—

(a)a secretary or public officer of the body corporate; or

(b)a person responsible for managing the body corporate's business or any aspect of its business;

greyhound race or greyhound racing means a race or racing between greyhounds in competitive pursuit of a quarry or lure that is not a live animal;

harness race or harness racing means a pacing race or trotting race or pacing or trotting;

horse race or horse racing does not include a harness race or harness racing;

integrity agreement—see section 62E;

interstate betting operator means—

(a)a person who holds a prescribed interstate licence (including a licence that is suspended); or

(b)a statutory body established under the law of another State or a Territory of the Commonwealth for the purpose of conducting betting operations in that State or Territory;

licensed betting shop means premises situated within the City of Port Pirie in respect of which a betting shop licence has been granted under Part 3;

licensed bookmaker means a person who is the holder of a bookmaker's licence;

licensed racing club means a racing club that is the holder of an on-course totalisator betting licence;

limited licence means a limited major betting operations licence granted under section 7(3);

major betting operations licence means the comprehensive licence or a limited licence granted under Part 2;

on-course totalisator betting means totalisator betting that takes place within a racecourse, and off-course totalisator betting has a corresponding meaning;

on-course totalisator betting licence—see section 34;

prescribed interstate licence means a licence or other authority issued under the law of another State or a Territory of the Commonwealth authorising the holder to conduct betting operations in that State or Territory, but does not include a licence of a class excluded by regulation from the ambit of this definition;

race or racing means—

(a)a horse race or horse racing; or

(b)a harness race or harness racing; or

(c)a greyhound race or greyhound racing;

racecourse means a place where a race meeting is held by a racing club, and includes adjacent land or premises to which persons attending the meeting have access in connection with the meeting;

race meeting means a meeting at which horse races, harness races or greyhound races are held;

racing club means a club or association that—

(a)is a body corporate; and

(b)is established for the purpose of holding race meetings; and

(c)is unable, because of its constitution or its nature, lawfully to return profits to its members; and

(d)—

(i)is related to a racing controlling authority through its membership of the authority, or its membership of a body that is a member of the authority; or

(ii)is registered by a racing controlling authority,

and includes a racing controlling authority that holds race meetings;

racing controlling authority—see section 6;

racing distribution agreement—see section 13;

responsible gambling code of practice—see section 6A;

spouse—a person is the spouse of another if they are legally married;

statutory default—see section 67;

substantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth;

telephone, Internet or other electronic means—see subsection (3);

totalisator betting means betting in accordance with a system under which the amount paid out in respect of a bet made on a particular contingency is affected by the total amount bet on that contingency, and totalisator bet has a corresponding meaning;

24 hour sportsbetting licence—see section 34.

(2)In this Act, administrator, controller and liquidator have (unless the contrary intention appears) the same respective meanings as in the Corporations Act 2001 of the Commonwealth.

(3)In this Act, a reference to telephone, Internet or other electronic means is a reference to a means of communicating at a distance by the use of electronic devices.

4—Approved contingencies

(1)The Commissioner may approve, for all or specified betting operations—

(a)contingencies related to races within or outside Australia (other than races held by licensed racing clubs); or

(b)contingencies related to sporting or other events within or outside Australia; or

(c)other contingencies.

(2)The Commissioner may vary or revoke an approval.

(3)Before approving contingencies or varying an approval, the Commissioner must—

(a)have regard to—

(i)the standards of probity applying in relation to the contingencies; and

(ii)available evidence of the past conduct of events to which the contingencies relate (if any); and

(iii)the likely nature and scale of betting operations in relation to the contingencies; and

(iv)whether betting operations in relation to the contingencies are lawful in another State or a Territory of the Commonwealth; and

(v)the appropriateness in other respects of the contingencies for the conduct of betting operations generally or the particular betting operations concerned; and

(b)give prior written notice of the proposal to the Minister.

(3a)The Commissioner must, within 14 days after approving contingencies or varying or revoking an approval, publish a notice in the Gazette setting out the terms of the approval, variation or revocation.

(4)The Minister may give the Commissioner binding directions preventing or restricting the approval of contingencies.

5—Close associates

(1)Two persons are close associates for the purposes of this Act if—

(a)one is a spouse, domestic partner, parent, brother, sister or child of the other; or

(b)they are members of the same household; or

(c)they are in partnership; or

(d)they are joint venturers; or

(e)one is a body corporate and the other is a director or executive officer of the body corporate; or

(f)one is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or

(g)one is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding in the body corporate; or

(h)one has a right to participate (otherwise than as a shareholder in a body corporate) in, or is remunerated by reference to, proceeds or profits derived from a business conducted by the other; or

(i)one is in a position to exercise control or significant influence over the conduct of the other; or

(j)a chain of relationships can be traced between them under any one or more of the above paragraphs.

(2)In subsection (1)—

prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth.

6—Designation of racing controlling authorities

(1)The Governor may, by proclamation—

(a)designate a body as the racing controlling authority for horse racing;

(b)designate a body as the racing controlling authority for harness racing;

(c)designate a body as the racing controlling authority for greyhound racing.

(2)The Governor may, by subsequent proclamation, substitute the body designated as a racing controlling authority.

6A—Codes of practice etc

(1)For the purposes of this Act, the Commissioner may, by notice in the Gazette, prescribe—

(a)advertising codes of practice; and

(b)responsible gambling codes of practice; and

(c)requirements for systems and procedures designed to prevent bets from being made by children in the course of betting operations conducted by telephone, Internet or other electronic means.

(3)Without limiting the generality of subsection (1)(b), a responsible gambling code of practice may—

(a)require the holder of a licence or authorisation under this Act to provide information to patrons regarding responsible gambling, the availability of services to address problems associated with gambling (including barring orders) and any other matter under this Act, whether by—

(i)signs and warning notices; or

(ii)the use of audio, visual, or electronic means,

in accordance with any requirements specified in the code; and

(ab)make provision relating to the duty to make barring orders under Part 4 of the Gambling Administration Act 1995; and

(ac)make provision relating to the duty to identify and assist problem gamblers; and

(b)deal with training of staff involved in betting operations with respect to responsible gambling practices and the services available to address problems associated with gambling; and

(c)—

(i)require accounts to be kept for persons who make bets by telephone, Internet or other electronic means; and

(ii)require the accounts to be managed in a way that allows the amount available for betting at any given time to be limited; and

(iii)require account statements to be provided at regular intervals; and

(d)include other matters designed to reduce the incidence of problem gambling.

(3a)The provisions of a notice prescribed under this section may be of general, limited or varied application according to—

(a)the classes of person or betting operations; or

(b)the circumstances; or

(c)any other specified factor,

to which the provision is expressed to apply.

(4)The Commissioner may, by subsequent notice in the Gazette, vary or revoke a notice under this section.

(4a)Before the Commissioner publishes a notice in the Gazette, the Commissioner must—

(a)give notice in writing of the proposed notice to such bodies representative of licensees and authorised interstate betting operators as the Commissioner thinks fit; and

(b)consider any representations made by such bodies about the proposed notice within 28 days after the notice is given or a longer period allowed in the notice.

(7)The Commissioner must review the codes of practice prescribed under this section at least every 5 years.

(8)In preparing and reviewing codes of practice, the Commissioner must seek and consider written submissions from licensees and authorised interstate betting operators to whom the codes apply and from interested members of the public.

(9)A code of practice prescribed under this section may be incorporated with any other codes of practice that may be prescribed by the Commissioner under any other Act.

6B—Criminal intelligence

(1)No information provided by the Commissioner of Police to the Commissioner under this Act may be disclosed to any person (except the Minister, a court or a person to whom the Commissioner of Police authorises its disclosure) if the information is classified by the Commissioner of Police as criminal intelligence.

(2)If the Commissioner—

(a)makes a decision under this Act; and

(b)the decision is made because of information that is classified by the Commissioner of Police as criminal intelligence,

the Commissioner is not required to provide any grounds or reasons for the decision other than that, in the view of the Commissioner, the making of any other decision would have been contrary to the public interest.

(3)In any proceedings under this Act, the court—

(a)must, on the application of the Commissioner of Police, take steps to maintain the confidentiality of information classified by the Commissioner of Police as criminal intelligence, including steps to receive evidence and hear argument about the information in private in the absence of the parties to the proceedings and their representatives; and

(b)may take evidence consisting of or relating to information classified by the Commissioner of Police as criminal intelligence by way of affidavit of a police officer of or above the rank of superintendent.

(4)The Commissioner of Police may not delegate the function of classifying information as criminal intelligence for the purposes of this Act except to a Deputy Commissioner or Assistant Commissioner of Police.

Part 2—Major betting operations licences

Division 1—Grant, renewal and conditions of licences

7—Grant of licences

(1)The Governor may grant a comprehensive major betting operations licence.

(2)There is not to be more than one comprehensive major betting operations licence in force under this Act at the same time.

(3)The Governor may grant any number of limited major betting operations licences.

(4)The grant of a licence is to be made, on the recommendation of the Commissioner, to an applicant for the licence.

(5)The Governor is not bound to act in accordance with the Commissioner's recommendation.

8—Eligibility to hold licence

The holder of a licence must be a body corporate.

9—Authority conferred by licence

(1)The comprehensive licence may authorise the licensee—

(a)to conduct off-course totalisator betting on races held by licensed racing clubs;

(b)to conduct off-course totalisator betting on approved contingencies;

(c)to conduct on-course totalisator betting under agreements with licensed racing clubs on races held by licensed racing clubs and on approved contingencies;

(d)to conduct other forms of betting on races held by licensed racing clubs or on approved contingencies,

in accordance with this Act.

(2)A limited licence may authorise the licensee—

(a)to conduct off-course totalisator betting on races held by licensed racing clubs;

(b)to conduct off-course totalisator betting on approved contingencies;

(c)to conduct other forms of betting on races held by licensed racing clubs or on approved contingencies,

provided that the following requirements are complied with:

(d)the betting must be conducted only by telephone, Internet or other electronic means and otherwise in accordance with this Act;

(e)the licensee must not directly or indirectly make available, or in any way facilitate the provision of, a telephone, computer or other device capable of being used for the conduct of betting by telephone, Internet or other electronic means to a person in South Australia for the purpose of encouraging or facilitating such betting.

10—Term and renewal of licence

(1)A licence is to be granted for a term fixed under the licensee's approved licensing agreement.

(2)If before the end of a term for which a licence has been granted or renewed a new approved licensing agreement and, in the case of the comprehensive licence, a new racing distribution agreement are entered into, the Governor may, on the recommendation of the Commissioner, renew the licence for a term fixed under the renegotiated approved licensing agreement.

(3)The Governor is not bound to act in accordance with the Commissioner's recommendation and the licensee is to have no entitlement to, or legitimate expectation of, renewal.

11—Conditions of licence

(1)The conditions of a licence consist of—

(a)the conditions fixed by this Act; and

(b)the conditions (supplementary licence conditions) fixed by or in accordance with the licensee's approved licensing agreement.

(2)Subject to the licensee's approved licensing agreement, the Governor may, on the recommendation of the Commissioner, vary supplementary licence conditions.

(3)The Governor is not bound to act in accordance with the Commissioner's recommendation.

Division 2—Agreements with licensee

12—Approved licensing agreements

(1)There is to be an agreement (the approved licensing agreement) between a licensee and the Minister about—

(a)the scope and operation of the licensed business; and

(b)the term of the licence; and

(c)the conditions of the licence; and

(d)the performance of the licensee's responsibilities under the licence or this Act.

(2)An agreement may deal with other subjects relevant to the licence or the licensed business.

(3)An agreement—

(a)is to be entered into with a prospective licensee before the licence is granted or with the licensee before renewal of the licence; and

(b)is to remain in force for the term of the licence; and

(c)must be consistent with the provisions of this Act.

(4)If an agreement so provides, specified provisions of the agreement become conditions of the licence.

(5)An agreement may require the Minister or the Commissioner to provide information relating to the licensee or the licensee's operations under the licence to a specified person and, if it does so, the information may be provided without breaching any other law.

(6)An agreement may contain provisions governing the exercise of powers of the Minister or the Commissioner under this Act or the Gambling Administration Act 1995.

(7)An agreement binds—

(a)the licensee; and

(b)the Minister; and

(d)the Commissioner; and

(e)if the agreement so provides, any other person who consents to be bound by the agreement,

to the extent provided in the agreement.

(8)An agreement may contain provisions governing its variation by later agreement, but such a variation must be consistent with the provisions of this Act.

(9)An agreement may contain an assurance, on terms and conditions fixed in the agreement, that the licensee's right to conduct specified betting operations in this State will be an exclusive right and not be impugned during a period set out in the agreement.

(11)An agreement must contain provisions fixing, for a form of betting in which the actual amounts payable on winning bets are not pre-determined, the maximum proportion of money invested that may be retained by the licensee.

(12)Entering into, giving effect to, or enforcing an agreement is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia.

(13)In subsection (12)—

entering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement;

giving effect to an agreement includes complying with an obligation or exercising a right or power under the agreement.

13—Racing distribution agreements

(1)At all times during the term of the comprehensive licence the licensee must have in force an agreement (the racing distribution agreement) with the racing industry about terms and conditions on which the licensee may conduct betting operations on races held by licensed racing clubs.

(2)Without limiting the matters that may be included in the agreement, the agreement must include provisions relating to—

(a)the arrangement of racing programs and the provision of racing information to the licensee; and

(b)the payments to be made by the licensee to the racing industry.

(3)The agreement is to be entered into with a prospective licensee before the licence is granted or with the licensee before renewal of the licence.

(4)The agreement may be varied by a later agreement between the parties.

(5)It is a condition of the comprehensive licence that the licensee must perform its obligations under the agreement.

(6)Each racing controlling authority and its related licensed racing clubs are taken to be parties to a contract under seal under which each of the licensed racing clubs agrees to comply with any directions given by the controlling authority for the purposes of enabling the racing industry to perform its obligations and exercise its rights under the agreement.

(7)Each racing controlling authority must give directions to its related licensed racing clubs as required for the purposes of enabling the racing industry to perform its obligations and exercise its rights under the agreement.

(8)The following is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia:

(a)entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the acquisition by the licensee or another person specified in the agreement of racing information from a person other than the person specified in the agreement as the supplier of the information;

(b)entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the supply by a person specified in the agreement of racing information to a person other than the licensee or another person specified in the agreement;

(c)entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the supply by the licensee or a person specified in the agreement of racing information received in accordance with the agreement to another person;

(d)entering into, giving effect to, or enforcing the agreement in so far as such conduct lessens competition in relation to the conduct of on-course totalisator betting operations;

(e)entering into, giving effect to, or enforcing provisions of the agreement prescribed by regulation.

(9)In this section—

entering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement;

giving effect to the agreement, or provisions of the agreement, includes—

(a)complying with an obligation or exercising a right or power under the agreement or provisions; and

(b)giving or complying with a direction referred to in subsection (6) or (7);

racing industry means either or both of the following:

(a)the racing controlling authorities; or

(b)a body for the time being nominated to the Minister by the racing controlling authorities as a body representative of the racing controlling authorities;

racing information means information about races held within the State or elsewhere in Australia;

related licensed racing club, in relation to a racing controlling authority, means a licensed racing club that—

(a)is related to the racing controlling authority through its membership of the authority, or its membership of a body that is a member of the authority; or

(b)is registered by the racing controlling authority.

15—Approved licensing agreement to be tabled in Parliament

The Minister must, within 12 sitting days after entering into an approved licensing agreement or an agreement for the variation of an approved licensing agreement, have copies of the agreement laid before both Houses of Parliament.

Division 3—Dealings with licence or licensed business

16—Transfer of licence

(1)The Governor may, on the recommendation of the Commissioner, approve the transfer of a licence.

(3)On a transfer of a licence—

(a)the transferee succeeds to all the rights and obligations of the transferor under the approved licensing agreement and, in the case of the comprehensive licence, the racing distribution agreement; and

(b)the approved licensing agreement governs the conditions of the licence in the same way and to the same extent as before the transfer.

(4)The Governor is not bound to act in accordance with the Commissioner's recommendation.

17—Dealings affecting licensed business

(1)A licensee must not enter into any of the following transactions without the approval of the Commissioner:

(a)a partnership agreement that relates to betting operations conducted or to be conducted under the licence;

(b)an agreement or arrangement under which the licensee conducts or is to conduct betting operations under the licence jointly with another or as the agent of another;

(c)an agreement or arrangement under which a person participates in, or is remunerated by reference to, proceeds or profits of the business conducted or to be conducted under the licence;

(d)a transaction to mortgage, charge or encumber the licence or assets associated with operations under the licence;

(e)an agreement or arrangement under which the licensee disposes of, or grants an interest in, the business conducted under the licence.

(2)This section does not invalidate an agreement or arrangement made subject to a condition precedent under which it is not to take effect until approved by the Commissioner.

18—Other transactions under which outsiders may acquire control or influence

(1)This section applies to a transaction if it is a transaction (other than one for which the Commissioner's approval is required under this Division) under which a person or a group of persons who are close associates of each other attain a position of control or significant influence over the conduct of a licensee.

(2)Within 14 days after a licensee becomes aware of a transaction to which this section applies, the licensee must—

(a)inform the Commissioner of the transaction; and

(b)provide any information about the transaction that is available to the licensee.

Maximum penalty: $50 000.

(3)If a licensee is a party to a transaction to which this section applies, and the transaction takes effect before the Commissioner approves it, the licensee is liable to disciplinary action.

(4)If a transaction to which this section applies has not been approved or ratified by the Commissioner, the Commissioner may, after allowing the parties to the transaction a reasonable opportunity to be heard, make orders of one or more of the following kinds:

(a)an order avoiding the transaction;

(b)an order requiring a person who has acquired an interest under the transaction to dispose of that interest within a specified time;

(c)an order terminating a contractual or other relationship under which control or influence might be exercised over the licensee;

(d)an order preventing or regulating the exercise of power or influence acquired as a result of the transaction;

(e)an order (which may include an order for restitution) dealing with any consequential or ancillary issues.

(5)The Supreme Court may, if satisfied on application by the Commissioner that there is good reason to do so, register an order of the Commissioner in the Court and, on registration, the order may be enforced as a judgment of the Court.

19—Surrender of licence

(1)A licensee may, with the approval of the Commissioner, surrender the licence.

(2)The surrender of a licence does not affect liabilities incurred by the licensee before the surrender takes effect.

Division 4—Approval of designated persons

20—Approval of designated persons

(1)A licensee must ensure that each person who becomes a designated person in relation to the licensee has been approved by the Commissioner.

Maximum penalty: $20 000.

(1a)The Commissioner must give the Commissioner of Police a copy of all applications made under this section and must allow the Commissioner of Police a reasonable opportunity to make representations on the application.

(1b)The Commissioner of Police must make available to the Commissioner information about criminal convictions and other information to which the Commissioner of Police has access relevant to whether the application should be granted.

(2)A licensee must, within 14 days after a person ceases to be a designated person in relation to the licensee, give the Commissioner written notice identifying the person and stating the date when, and the reason why, the person ceased to be a designated person.

Maximum penalty: $5 000.

(3)This section applies in relation to designated persons other than directors of a licensee subject to any limitation for the time being specified by the Commissioner by written notice to a licensee.

(5)This section does not apply in respect of an administrator, controller or liquidator of a licensee who has assumed control over the licensed business or a person acting on the authority of such a person.

(6)In this section—

designated person, in relation to a licensee, means—

(a)a director of a licensee; or

(b)an executive officer of a licensee; or

(c)a person, or a person of a class, designated by the Commissioner for the purpose.

Division 5—Applications and criteria for determination of applications

21—Applications

(1)The following applications may be made to the Commissioner:

(a)an application for the grant, renewal or transfer of a licence;

(b)an application for the Commissioner's approval or ratification of a transaction to which Division 3 applies (other than the transfer of a licence);

(c)an application for the Commissioner's approval of a transaction to which Division 3 would apply if the transaction were entered into;

(d)an application for the Commissioner's approval of a person to become a designated person in relation to a licensee.

(2)An application—

(a)must be in the form required by the Commissioner; and

(b)must be supported by the information required by the Commissioner verified, if the Commissioner so requires, by statutory declaration; and

(c)must be made as follows:

(i)in the case of an application for the Commissioner's approval of a transfer of a licence—the application must be made jointly by the proposed transferor and transferee;

(ii)in the case of an application for the Commissioner's approval or ratification of a transaction to which Division 3 applies or would apply if the transaction were entered into (other than the transfer of a licence)—the application must be made by the licensee or one or more of the parties to the transaction;

(iii)in the case of an application for the Commissioner's approval of a person to become a designated person in relation to a licensee—the application must be made by the licensee.

(3)If a change of circumstances occurs after an application is made but before it is determined, the applicant must immediately give the Commissioner full details of the change.

Maximum penalty: $10 000.

(4)An application may be withdrawn by the applicant, or any of the applicants, before the application is determined.

22—Determination of applications

(1)The Commissioner must not recommend grant or renewal of a licence unless satisfied that the applicant is a suitable person to carry on the licensed business.

(2)The Commissioner must not recommend transfer of a licence unless satisfied that the proposed transferee is a suitable person to carry on the licensed business.

(3)If—

(a)a transaction to which Division 3 applies results or might result in the acquisition by a person other than the licensee of power to conduct, or to control or exercise significant influence over the conduct of, a licensed business; or

(b)a transaction to which Division 3 would apply if the transaction were entered into would or might result in the acquisition by a person other than the licensee of power to conduct, or to control or exercise significant influence over the conduct of, a licensed business,

the Commissioner must not approve or ratify the transaction unless satisfied that the person is or would be a suitable person to exercise the relevant power.

(4)The Commissioner must not approve a person to become a designated person in relation to a licensee unless satisfied that the person is a suitable person to become a designated person in relation to the licensee.

(5)In assessing the suitability of a person, the Commissioner may have regard to—

(a)the corporate structure of the person; and

(b)the person's financial background and resources; and

(c)the person's reputation; and

(d)the character, reputation, and financial background of the person's close associates; and

(e)any representations made by the Minister; and

(f)any other matters the Commissioner thinks fit.

(6)If the Commissioner approves a transaction to which Division 3 would apply if the transaction were entered into, the approval has effect for the purposes of Division 3 in relation to the transaction when it is entered into.

Division 6—Investigations by Commissioner

23—Investigations

(1)The Commissioner must carry out the investigations the Commissioner considers necessary to enable the Commissioner to make an appropriate recommendation or decision on an application under this Part.

(2)The Commissioner must keep under review the continued suitability of each licensee and each licensee's close associates, and carry out the investigations the Commissioner considers necessary for that purpose.

(3)The Commissioner may obtain from the Commissioner of Police such reports on persons as the Commissioner considers necessary for the purposes of investigations.

24—Investigative powers

(1)The Commissioner may, by written notice—

(a)require any person to provide to the best of the person's knowledge and belief, information, verified by statutory declaration, on matters relevant to an investigation that are specified in the notice; or

(b)require any person to appear before the Commissioner for examination on matters relevant to an investigation; or

(c)require any person to produce to the Commissioner, within a period stated in the notice, documents or other material relevant to an investigation.

(2)The Commissioner may also require any person whose suitability to be concerned in or associated with a licensed business is under investigation to submit to the taking of photographs, finger prints and palm prints.

(3)A person is guilty of an offence if the person—

(a)fails to comply with a requirement made by the Commissioner under this section; or

(b)having appeared for examination before the Commissioner, refuses or fails to take an oath, or to answer a question to the best of the person's knowledge and belief, when required to do so by the Commissioner.

Maximum penalty: $10 000.

(4)The powers conferred by this section are in addition to those conferred by the Gambling Administration Act 1995.

25—Costs of investigation

(1)If the Commissioner carries out an investigation under this Part, the Commissioner must require—

(a)in the case of an investigation in connection with an application—the applicant; or

(b)in the case of an investigation in connection with review of the continued suitability of a licensee or a licensee's close associates—the licensee,

to meet the cost of the investigation.

(2)The Commissioner may require the applicant or licensee to make specified payments towards the costs of the investigation before the investigation begins and during the course of the investigation.

(3)If a payment is not made by an applicant as required by the Commissioner, the Commissioner may discontinue the investigation.

(4)At the end of the investigation, the Commissioner must certify the cost of the investigation and any unpaid balance of that cost may be recovered from the applicant or licensee as a debt due to the State.

(5)In proceedings for recovery of the cost (or the balance of the cost) of an investigation, the Commissioner's certificate is to be regarded as conclusive evidence of that cost.

(6)This section does not apply in relation to an application for approval of a person to become a designated person in relation to a licensee.

26—Results of investigation

If the Commissioner carries out an investigation under this Part, the Commissioner must notify the following persons of the results of the investigation:

(a)the Minister;

(b)in the case of an investigation in connection with an application—the applicant;

(c)in the case of an investigation in connection with review of the continued suitability of a licensee or a licensee's close associates—the licensee.

Division 7—Accounts and audit

27—Accounts and audit

(1)A licensee must keep proper financial accounts in relation to the operation of the licensed business.

Maximum penalty: $50 000.

(2)The accounts—

(a)must be kept in a form approved by the Commissioner; and

(b)must be segregated from accounts relevant to other business carried on by the licensee.

(3)A licensee must have the accounts periodically audited as required under the conditions of the licence by a registered company auditor.

28—Licensee to supply Commissioner with copy of audited accounts

(1)As soon as practicable after the audit of accounts that a licensee is required to keep under this Division is completed, the licensee must give the Commissioner a copy of the audited accounts.

Maximum penalty: $10 000.

(2)As soon as practicable after the audit of accounts that a licensee is required to keep under the Corporations Act 2001 of the Commonwealth is completed, the licensee must give the Commissioner a copy of the audited accounts.

Maximum penalty: $10 000.

29—Duty of auditor

(1)The auditor of accounts that a licensee is required to keep either under this Division or the Corporations Act 2001 of the Commonwealth must—

(a)notify the Commissioner of any suspected irregularity in the accounts or in the licensee's financial affairs; and

(b)must, on the written request of the Commissioner, provide the Commissioner with information specified in the request (in a manner and form specified in the request) about the accounts or the licensee's financial affairs.

Maximum penalty: $10 000.

(2)A communication under subsection (1) is absolutely privileged.

(3)The Commissioner must, subject to subsection (4), keep information obtained under this section confidential.

(4)The Commissioner may divulge information obtained under this section to the Minister or as otherwise authorised by law.

Division 9—General power of direction

33—Directions to licensee

(1)The Commissioner may, by written notice, give directions to a licensee about the management, supervision and control of any aspect of the operation of the licensed business.

(2)A licensee must ensure that all directions given under this section are diligently observed and carried out.

Maximum penalty: $100 000.

(3)Before the Commissioner gives directions under this section, the Commissioner must, unless the Commissioner considers it contrary to the public interest to do so—

(a)give written notice to the licensee of the proposed directions; and

(b)consider any representations made by the licensee about the proposed directions within 14 days after the notice is given or a longer period allowed in the notice.

Division 10—Recovery of administration costs

33A—Commissioner to recover administration costs

(1)The Commissioner must, not less than 1 month before the commencement of each financial year, notify each licensee in writing of the amount fixed by the Minister as the recoverable administration costs for that financial year.

(2)If, during the course of the financial year, the Minister varies the amount fixed as the recoverable administration costs for the financial year, the Commissioner must notify each licensee in writing of the variation, specifying the amount fixed as the revised recoverable administration costs for that financial year.

(3)Subject to subsection (4), a licensee must, in each month of the financial year, pay to the Commissioner one‑twelfth of the amount of the recoverable administration costs for that financial year.

(4)If a notice is given to a licensee under subsection (2), the licensee must, in each month of the financial year following that notice, pay to the Commissioner an amount equal to the revised recoverable administration costs specified in the notice less the total of the payments that have fallen due under this section in the financial year, divided by the number of payments yet to fall due under this section in the financial year.

(5)If the whole or a part of an amount payable by a licensee is not paid to the Commissioner as required, the amount unpaid may be recovered from the licensee as a debt due to the State.

(6)In proceedings for recovery of an amount unpaid, the Commissioner's certificate is to be regarded as conclusive evidence of the recoverable administration costs or revised recoverable administration costs for the period specified in the certificate.

(7)In this section—

administration costs means the costs of administering this Act arising out of, or in connection with, the carrying out of the Commissioner's administrative and regulatory functions in respect of a licensee.

Part 3—Bookmaker's and other licences

Division 1—Licences

34—Classes of licences

(1)The Commissioner may grant the following classes of licences:

(a)a licence (an on-course totalisator betting licence) authorising a racing club to conduct on-course totalisator betting in conjunction with a race meeting held by the club, or at other times authorised by the Commissioner, on races held by the club or another licensed racing club (excluding races of a prescribed kind) and on other races that are approved contingencies;

(b)a licence (a bookmaker's licence) authorising a person to act as a bookmaker conducting fixed-odds betting on races held by licensed racing clubs (excluding races of a prescribed kind) and approved contingencies;

(c)a licence (an agent's licence) authorising a person to act as the agent of a licensed bookmaker;

(d)a licence (a betting shop licence) authorising a licensed bookmaker to conduct fixed-odds betting on races held by licensed racing clubs (excluding races of a prescribed kind) and approved contingencies at specified premises situated within the City of Port Pirie;

(e)a licence (a 24 hour sportsbetting licence) authorising a licensed bookmaker to conduct fixed-odds betting on approved contingencies (excluding races) by telephone on a 24 hour basis.

(2)A bookmaker's licence must not be granted—

(a)to a child; or

(b)to a body corporate unless—

(i)the body corporate is a proprietary company within the meaning of the Corporations Act 2001 of the Commonwealth and is taken to be registered in South Australia for the purposes of that Act; and

(ii)each of the directors and shareholders of the body corporate holds a bookmaker's licence.

(2a)An agent's licence must not be granted to a body corporate or a child.

(2b)A betting shop licence must not be granted on or after the commencement of this subsection.

(3)The Minister may give the Commissioner binding directions about authorisations as to the conduct of on-course totalisator betting at times other than in conjunction with a race meeting.

(4)The Minister may give the Commissioner binding directions about the granting of a 24 hour sportsbetting licence.

35—Term of licence

(1)A licence granted under this Part will, subject to this Act, have effect for a period specified in the licence and may be renewed from time to time in accordance with the regulations.

(2)The Minister may give the Commissioner binding directions about the term of an on-course totalisator betting licence.

36—Conditions of licences

(1)The Commissioner may, on granting or renewing a licence under this Part, attach conditions to the licence.

(2)The Commissioner may, by written notice to the person granted a licence under this Part, vary or revoke a condition attached to the licence or attach a further condition.

(3)An on-course totalisator betting licence must have attached to it conditions fixing the maximum proportion of money invested in totalisator betting that may be retained by the licensee.

(4)The Minister may give the Commissioner binding directions about conditions to be attached to a licence under subsection (3).

(5)The Minister may give the Commissioner binding directions about a condition to be attached to a 24 hour sportsbetting licence under subsection (1) or (2) preventing betting operations being conducted under that licence on a specified day.

37—Application for grant or renewal, or variation of condition, of licence

(1)An application for the grant or renewal, or variation of a condition, of a licence under this Part—

(a)must be made to the Commissioner in the form required by the Commissioner; and

(b)must be supported by the information required by the Commissioner verified, if the Commissioner so requires, by statutory declaration; and

(c)must be accompanied by the fee fixed by regulation.

(2)However, the Commissioner cannot require an applicant for renewal of a licence, or a member of the applicant's family, to provide or to submit to the taking of finger prints or palm prints or to provide or consent to the release of his or her criminal record (if any) if the applicant is a person to whom subclause (1), (2) or (3), as the case may be, of Schedule 1 clause 3 applies.

38—Determination of applications

(1)The Commissioner must not grant or renew a licence under this Part unless satisfied—

(a)that the applicant is a suitable person to hold the licence; and

(b)in the case of an on-course totalisator betting licence—as to the adequacy of the standards of probity that will apply to races held by the racing club.

(2)In assessing the suitability of a person, the Commissioner may have regard to—

(a)the person's financial background and resources; and

(b)the person's reputation; and

(c)the character, reputation, and financial background of the person's close associates; and

(d)any representations made by the Minister; and

(e)any other matters the Commissioner thinks fit.

38A—Suspension of body corporate licence

A bookmaker's licence held by a body corporate is suspended for any period during which any director or shareholder of the body corporate does not hold a bookmaker's licence.

Part 3A—Authorisation of interstate betting operators

40A—Authorisation of interstate betting operators

(1)An interstate betting operator may give notice to the Commissioner of—

(a)the operator's intention to conduct betting operations in this State as from a specified date; or

(b)the cessation of the conduct of those betting operations in this State as from a specified date.

(2)The notice must be in the form required by the Commissioner.

(3)For the purposes of this Act, an interstate betting operator is an authorised interstate betting operator on and from the date specified in a notice of intention to conduct betting operations until the date specified in a notice of the cessation of the conduct of the betting operations.

(4)An authorised interstate betting operator is authorised to conduct betting operations in this State provided that—

(a)the betting is conducted only by telephone, Internet or other electronic means; and

(b)the operator does not directly or indirectly make available, or in any way facilitate the provision of, a telephone, computer or other device capable of being used for the conduct of betting by telephone, Internet or other electronic means to a person in South Australia for the purpose of encouraging or facilitating such betting; and

(c)the betting relates only to races held by licensed racing clubs and approved contingencies; and

(d)the operator is authorised to conduct the operations under a prescribed interstate licence or in the operator's capacity as a statutory body; and

(e)a prescribed interstate licence held by the operator authorising the operations is not suspended; and

(f)the operator is not prohibited from conducting the operations under this Act.

(5)The Commissioner must keep a list of authorised interstate betting operators (including details of notices given under this section and any disciplinary action taken against operators) available for inspection free of charge on a website and at its principal place of business during normal office hours.

(5a)An authorised interstate betting operator must, on or before 30 September in each year, lodge with the Commissioner an annual return containing the information required by the Commissioner by written notice.

(6)For the purposes of this section—

(a)if a person in this State may make a bet with an interstate betting operator, the operator conducts betting operations in this State; and

(b)if a person in this State may make a bet by means of a betting exchange, the person who conducts the betting exchange conducts betting operations in this State.

Part 3B—Taxation

Division 1—Preliminary

40B—Interpretation

In this Part—

betting operations tax—see section 40D(1);

betting operator means—

(a)an authorised betting operator; and

(b)any person who earns revenue as a result of accepting bets from, or providing a service through which bets are made by, persons who were located in South Australia at the time of making the bet or using the service (not being a person who is licensed or authorised to accept such bets, or provide such a service, under a law of the State);

multi-jurisdictional agreement—see section 40F(1);

net State wagering revenue—the net State wagering revenue of a betting operator for a financial year is the sum of—

(a)the total amount of all bets made with, or using a service provided by, the betting operator during the financial year by persons who were located in South Australia at the time of making the bet or using the service; and

(b)the total of any fees, commission or other amounts of a kind prescribed by the regulations (in relation to betting operators generally or in relation to particular betting operators or classes of betting operators) associated with making the bets or using the service,

less—

(c)the total amount of all winnings paid or payable in respect of those bets; and

(d)the total of any other amounts of a kind prescribed by the regulations (in relation to betting operators generally or in relation to particular betting operators or classes of betting operators);

participating jurisdiction means South Australia and any other Australian jurisdiction that enters, through the agency of a Minister of the Crown, into a multi-jurisdictional agreement.

Division 2—Betting operations tax

40C—Taxation Administration Act

Subject to any regulations made under section 40H(1)(f), this Part must be read together with the Taxation Administration Act 1996 which makes provision for the administration and enforcement of this Part and other taxation laws.

40D—Liability to pay tax

(1)A betting operator is liable to pay tax (betting operations tax) to the Commissioner of State Taxation on the operator's net State wagering revenue for a financial year.

(2)Betting operations tax is payable in respect of a financial year as follows:

(a)if the net State wagering revenue for the financial year is less than $150 000—no tax is payable;

(b)if the net State wagering revenue for the financial year is $150 000 or more—tax is payable at the rate of 15% of the amount of net State wagering revenue in excess of $150 000.

40E—Payments to Fund

(1)Subject to this section, the Commissioner of State Taxation must pay, out of the taxation revenue collected under this Division during each financial year, an amount of $500 000 into the Gamblers Rehabilitation Fund established under the Gaming Machines Act 1992 (the Fund).

(2)The amount required to be paid into the Fund in respect of taxation revenue collected during a particular financial year is, on or after 1 January 2018, to be adjusted on 1 January of each year by multiplying the amount that would be required to be paid in accordance with subsection (1) by a proportion obtained by dividing the CPI for the September quarter of the immediately preceding year by the CPI for the September quarter, 2016, on the basis that the quotient used for the purposes of the adjustment will be calculated to 2 decimal places and that the amount obtained from the adjustment will be rounded to the nearest dollar.

(3)Regulations made under section 40H(1)(i) may require the Commissioner of State Taxation to pay amounts into the Fund in addition to the amounts required under this section.

(4)If in any financial year the revenue collected under this Division is insufficient to make the payment required by this section, the Commissioner of State Taxation is relieved of the obligation to make the payment under this section to the extent of the insufficiency.

(5)Amounts paid into the Fund under this section may be applied and dealt with as if they had been paid into the Fund under the Gaming Machines Act 1992.

(6)In this section—

CPI means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics.

Division 3—Multi-jurisdictional agreements

40F—Treasurer may enter into agreements

(1)The Treasurer may enter into an agreement (a multi-jurisdictional agreement) with 1 or more other Australian jurisdictions to establish and implement processes for achieving improvements in the assessment and collection of taxes, interest and penalties imposed by the participating jurisdictions on betting operations that are carried on in multiple jurisdictions.

(2)A multi-jurisdictional agreement may, for example—

(a)provide for collection of relevant taxes, interest and penalties by a participating jurisdiction on behalf of other participating jurisdictions and for the distribution of monies so collected;

(b)provide for each participating jurisdiction to collect, on behalf of all jurisdictions, taxes, interest and penalties payable to those jurisdictions by operators whose businesses are based in the collecting jurisdiction;

(c)provide for a participating jurisdiction to undertake audits or investigations in respect of taxes, interest and penalties payable by a betting operator under the law of another participating jurisdiction;

(d)authorise the performance or exercise of any functions or powers under this Act or the Taxation Administration Act 1996 by a specified authority of a participating jurisdiction (subject to subsection (4) and any other limitations specified in the agreement);

(e)authorise the performance or exercise of any functions or powers under a specified law of another participating jurisdiction by the Commissioner of State Taxation (subject to any law of that jurisdiction and any limitations specified in the agreement);

(f)provide for participating jurisdictions to assist each other in making timely and accurate determinations of relevant taxes, interest and penalties payable by sharing information available to them (including the results of audits and investigations and any other information of a kind specified by the agreement);

(g)make provision for any other measures or matters that the parties consider necessary or expedient for achieving improvements in the assessment or collection of relevant taxes, interest and penalties or for implementing the processes established by the agreement for that purpose.

(3)A multi-jurisdictional agreement will operate for such period, and be able to be varied or terminated in such a manner, as the participating jurisdictions agree.

(4)A multi-jurisdictional agreement—

(a)must be consistent with the provisions of this Act and the Taxation Administration Act 1996 (subject to any modifications prescribed by regulations made under section 40H(1)(f)); and

(b)cannot authorise a participating jurisdiction—

(i)to make a binding determination of the amount of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction; or

(ii)to take enforcement action in respect of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction.

40G—Commissioner of State Taxation must implement agreements

The Commissioner of State Taxation must take such action as is necessary or expedient for giving effect to a multi-jurisdictional agreement.

Division 4—Regulations

40H—Regulations

(1)Regulations made for the purposes of this Part may—

(a)provide for the payment of betting operations tax (including for payment of the tax by instalments payable after or during the financial year to which the tax instalments relate); and

(b)impose requirements in relation to record keeping and the preparation and lodgement of returns; and

(c)prescribe the form of any record or return; and

(d)prescribe consequences for failure to lodge a return or other document required to be provided under the regulations (or for failure to lodge such a return or document at the required time) including requiring the payment of interest or a monetary penalty or prohibiting the conduct of betting operations, or specified betting operations, until the failure is rectified; and

(e)make any provision that is necessary or expedient for giving effect to a multi-jurisdictional agreement; and

(f)modify the application of the Taxation Administration Act 1996 in relation to this Part or any matter that is, or may be, provided for under a multi-jurisdictional agreement; and

(g)prescribe exceptions to and exemptions from liability to betting operations tax; and

(h)prescribe circumstances in which there is an entitlement to a refund of betting operations tax paid; and

(i)provide for revenue collected under this Part, or any portion of such revenue, to be paid into a specified fund or funds and applied for prescribed purposes or in a prescribed manner; and

(j)make any provision to regulate such a fund.

(2)Regulations made for the purposes of this Part may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Commissioner or the Commissioner of State Taxation.

(3)A regulation providing for any revenue collected under this Part to be paid into a specified fund or funds and applied for prescribed purposes or in a prescribed manner is sufficient authority for the making of such payments without further appropriation.

(4)This section has effect in addition to section 91.

Part 4—Regulation of betting operations

Division 1—Major betting operations and on-course totalisator betting operations

41—Approval of rules, systems, procedures and equipment

(1)It is a condition of a major betting operations licence or an on-course totalisator betting licence that the following must be approved by the Commissioner:

(a)the rules governing the betting operations conducted under the licence; and

(b)systems and procedures for monitoring and enforcing compliance with those rules and for reporting and dealing with any non-compliance; and

(c)other systems and procedures, or equipment of a kind, that the Commissioner determines from time to time to be subject to this section.

(2)Without limiting the matters dealt with by rules, the rules must, for a form of betting in which the actual amounts payable on winning bets are not pre-determined, clearly set out—

(a)the method of calculation of winnings; and

(b)the proportion of money invested that will be retained by the licensee.

(3)It is a condition of a major betting operations licence or an on-course totalisator betting licence that the licensee must ensure—

(a)that the rules are published in a manner approved by the Commissioner; and

(b)that the operations under the licence conform with the rules and the systems and procedures approved under this section; and

(c)that equipment of a kind that must be approved by the Commissioner is not installed or used unless so approved or contrary to any instructions of the Commissioner.

(4)Before the Commissioner makes a determination for the purposes of subsection (1)(c), the Commissioner must—

(a)give written notice to the licensee concerned of the proposed determination; and

(b)consider any representations made by the licensee about the proposed determination within 14 days after the notice is given or a longer period allowed in the notice.

42—Location of off-course totalisator offices, branches and agencies

(1)It is a condition of the comprehensive licence that the licensee must not establish an office, branch or agency at which the public may attend to make bets with the licensee without obtaining the Commissioner's approval of the location of the office, branch or agency.

(2)The Minister may give the Commissioner binding directions preventing or restricting the approval of the location of offices, branches or agencies.

43—Prevention of betting by children

(1)It is a condition of a major betting operations licence or an on-course totalisator betting licence—

(a)that the licensee must not accept or offer to accept a bet from a child; and

(b)that the licensee must have systems and procedures approved by the Commissioner designed to prevent bets from being made by children in the course of the licensee's betting operations; and

(c)that the licensee must ensure that the operations under the licence conform with the systems and procedures approved under this section.

(2)In approving systems and procedures under this section, the Commissioner must have regard to any relevant requirements prescribed under section 6A for systems and procedures designed to prevent bets from being made by children in the course of betting operations conducted by telephone, Internet or other electronic means.

44—Prohibition of lending or extension of credit

It is a condition of a major betting operations licence or an on-course totalisator betting licence that the licensee must not—

(a)accept a bet unless the licensee has received the amount of the bet; or

(b)in connection with the making of a bet, lend money or anything that might be converted into money or extend any other form of credit.

45—Cash facilities not to be in certain areas staffed and managed by comprehensive licensee

It is a condition of the comprehensive licence that the licensee must not provide, or allow another person to provide, a cash facility within a part of premises that is staffed and managed by the licensee and at which the public may attend to make bets.

46—Player return information

(1)It is a condition of the comprehensive licence or an on-course totalisator betting licence that the licensee must, in accordance with determinations made from time to time by the Commissioner, provide information relating to player returns at places at which the public may attend to make bets with the licensee, on betting tickets issued by the licensee and otherwise as required by the Commissioner.

(1aa)It is a condition of a limited licence that the licensee must, in accordance with determinations made from time to time by the Commissioner, provide information relating to player returns on bets made with the licensee by persons who were located in South Australia at the time of making the bet and otherwise as required by the Commissioner.

(1a)The information provided under subsection (1) or (1aa) may relate to average or minimum player returns across all forms of betting with the licensee in which the actual amounts payable on winning bets are not pre-determined.

(2)Before the Commissioner makes a determination for the purposes of this section, the Commissioner must—

(a)give written notice to the licensee concerned of the proposed determination; and

(b)consider any representations made by the licensee about the proposed determination within 14 days after the notice is given or a longer period allowed in the notice.

(3)In this section—

player return means the money that will be returned to persons making bets with the licensee in a form of betting in which the actual amounts payable on winning bets are not pre-determined.

47—Systems and procedures for dispute resolution

It is a condition of a major betting operations licence or an on-course totalisator betting licence—

(a)that the licensee must have systems and procedures approved by the Commissioner for the resolution of disputes about bets or winnings arising in the course of the licensee's betting operations; and

(b)that the licensee must ensure that the operations under the licence conform with the systems and procedures approved under this section.

48—Advertising code of practice

It is a condition of a major betting operations licence or an on‑course totalisator betting licence that the licensee must ensure that advertising by the licensee conforms with the applicable advertising codes of practice.

49—Responsible gambling code of practice

It is a condition of a major betting operations licence or an on‑course totalisator betting licence that the licensee must ensure that operations under the licence conform with the applicable responsible gambling codes of practice.

51—Alteration of approved rules, systems, procedures or equipment

(1)The Commissioner may, by written notice to a licensee, require approved rules, systems, procedures or equipment to be altered as set out in the notice.

(2)Before the Commissioner makes a requirement under subsection (1), the Commissioner must, unless the Commissioner considers it contrary to the public interest to do so—

(a)give written notice to the licensee concerned of the proposed requirement; and

(b)consider any representations made by the licensee about the proposed requirement within 14 days after the notice is given or a longer period allowed in the notice.

(3)It is a condition of a major betting operations licence or an on-course totalisator betting licence that the licensee must ensure that all alterations required to be made under subsection (1) are made in accordance with the notice given under that subsection.

Division 2—Bookmaking operations

52—Restriction on use of licensed betting shop

It is a condition of a betting shop licence that the licensee must not—

(a)carry on business as a bookmaker in the licensed betting shop; or

(b)keep the licensed betting shop open to the public,

at any time on a day on which horse races are to be held at a racecourse within 15 kilometres of the licensed betting shop.

53—Cash facilities at licensed betting shop

It is a condition of a betting shop licence that the licensee must not provide, or allow another person to provide, a cash facility within the licensed betting shop.

53A—Bets by telephone, Internet or other electronic means

(1)It is a condition of a bookmaker's licence that the licensee must not accept bets made by telephone, Internet or other electronic means unless the licence is endorsed with an authorisation to do so.

(2)An endorsement may be expressed generally so as to authorise the acceptance of bets by all forms of electronic communication or may be limited to particular forms of electronic communication.

(3)The Minister may give the Commissioner binding directions about the granting of licences endorsed with an authorisation to accept bets made by telephone, Internet or other electronic means.

54—Places at which bets may be accepted by bookmakers

(1)It is a condition of a bookmaker's licence that the licensee may only accept bets (not being bets made by telephone, Internet or other electronic means)—

(a)at a racecourse on a day on which a licensed racing club is authorised to conduct on-course totalisator betting within that racecourse; or

(b)at a licensed betting shop; or

(c)at a place of a class declared by the Commissioner by notice in the Gazette (and in accordance with any other conditions specified in the declaration).

(2)The Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1)(c).

60—Prevention of betting with children by bookmaker or agent

(1)It is a condition of a bookmaker's licence—

(a)that the licensee must not accept or offer to accept a bet from a child; and

(b)that the licensee must have systems and procedures approved by the Commissioner designed to prevent bets from being made by children in the course of the licensee's betting operations; and

(c)that the licensee must ensure that the operations under the licence conform with the systems and procedures approved under this section.

(1a)In approving systems and procedures under this section, the Commissioner must have regard to any relevant requirements prescribed under section 6A for systems and procedures designed to prevent bets from being made by children in the course of betting operations conducted by telephone, Internet or other electronic means.

(2)The Commissioner may, by written notice to a licensed bookmaker, require approved systems and procedures to be altered as set out in the notice.

(3)Before the Commissioner makes a requirement under subsection (2), the Commissioner must, unless the Commissioner considers it contrary to the public interest to do so—

(a)give written notice to the licensee concerned of the proposed requirement; and

(b)consider any representations made by the licensee about the proposed requirement within 14 days after the notice is given or a longer period allowed in the notice.

(4)It is a condition of a bookmaker's licence that the licensee must ensure that all alterations required to be made under subsection (2) are made in accordance with the notice given under that subsection.

(5)It is a condition of an agent's licence that, in acting as the agent of a licensed bookmaker, the licensee—

(a)must not accept or offer to accept a bet from a child; and

(b)must ensure that the betting operations conform with the systems and procedures of the licensed bookmaker approved under this section.

(2)If a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), the manager of the body corporate and each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—

(a)the manager or member (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and

(b)the manager or member (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and

(c)the manager or member (as the case may be) failed to exercise due diligence to prevent the commission of the offence.

(3)Subsection (2) does not apply if the principal offence is an offence against section 24(3) or 66.

(3a)The regulations may make provision in relation to the criminal liability of members of the governing body, or the manager, of a body corporate that is guilty of an offence against the regulations.

(4)In this section—

prescribed offence means an offence against section 18, 20(1), 27, 33, 61, 62E, 69 or 72.

85—Reasons for decision

(1)The Governor is not bound to give reasons for a decision under this Act.

(2)Subject to this Act, the Commissioner is not bound to give reasons for a decision of the Commissioner under this Act.

86—Power of Commissioner in relation to approvals

For the purposes of this Act, an approval of the Commissioner required under this Act—

(a)may, if the Commissioner thinks fit, be of a general nature extending to matters specified by the Commissioner; and

(b)may be unconditional or subject to conditions specified by the Commissioner.

87—Confidentiality of information provided by Commissioner of Police

No information provided by the Commissioner of Police to the Commissioner may be disclosed to any person (except the Minister or a person to whom the Commissioner of Police authorises its disclosure) if the Commissioner of Police asks for the information to be kept confidential on the ground that its disclosure might—

(b)create a risk of loss, harm or undue distress.

88—Service

(1)A notice or document required or authorised by this Act to be given to or served on a person may—

(a)be served on the person personally; or

(b)be posted in an envelope addressed to the person's address for service; or

(c)be transmitted by facsimile transmission or electronic mail to the person's facsimile number or electronic mail address (in which case the notice or document will be taken to have been given or served at the time of transmission).

(2)A person's address for service is the postal address of which the Commissioner has been last notified in writing as the person's address for service.

(3)This section does not apply to a notice or document required or authorised by a provision of Part 3B, or a provision of the Taxation Administration Act 1996 as it applies in connection with Part 3B, to be given to, served on or lodged with the Commissioner of State Taxation or any other person.

Note—

Service of such notices or documents will be governed by the Taxation Administration Act 1996.

89—Evidence

(1)In proceedings for an offence against this Act or the Taxation Administration Act 1996 as it applies in connection with Part 3B, an allegation in the complaint—

(a)that a person was or was not at a specified time the holder of a specified licence or approval or an authorised interstate betting operator; or

(b)that a licence or approval was at a specified time subject to specified conditions; or

(c)that premises were or were not at a specified time a licensed betting shop; or

(d)that a person was or was not at a specified time an authorised officer,

will be accepted as proved in the absence of proof to the contrary.

(2)In any legal proceedings, a document apparently certified by the Commissioner to be a licence, agreement, approval, notice or other document issued or made under this Act, or to be a copy of such a document, will be accepted as such in the absence of proof to the contrary.

90—Annual report

(1)The Commissioner must, on or before 30 September in each year, prepare and present to the Minister a report on the performance of the Commissioner's functions under this Act during the preceding financial year.

(2)A report of the Commissioner required under this Act may be combined with a report of the Commissioner required under any other Act (provided that such reports relate to the same period).

(3)The Commissioner's report must include—

(a)details of any statutory default occurring during the course of the relevant financial year; and

(b)details of any disciplinary action taken by the Commissioner; and

(c)details of any directions given to the Commissioner by the Minister.

(4)The Minister must, within 12 sitting days after receiving the Commissioner's report, have copies of the report laid before both Houses of Parliament.

91—Regulations

(1)The Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.

(2)Without limiting the generality of subsection (1), the regulations may—

(a)provide for ex gratia payments in relation to unclaimed winnings by the Treasurer and for the appropriation from the Consolidated Account of money required for the purpose;

(ab)declare that a specified form of betting is or is not fixed-odds betting for the purposes of this Act;

(ac)require licensed racing clubs or licensed bookmakers to pay unclaimed winnings or totalisator fractions (or both) to the Treasurer;

(b)fix fees in respect of any matter under this Act and provide for their payment, recovery or waiver;

(c)impose fines, not exceeding $20 000, for offences against the regulations.

(3)The regulations may—

(a)be of general application or vary in their application according to prescribed factors;

(b)provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner.

(4)The Governor may, by regulation, make provisions of a saving or transitional nature consequent on the enactment of any amendments to this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act.

(5)A provision of a regulation referred to in subsection (4) may, if the regulation so provides, take effect from the commencement of the amendments or provisions, or on the making of the regulations, or from a later day.

(6)To the extent to which a provision takes effect under subsection (5) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—

(a)decreasing the person's rights; or

(b)imposing liabilities on the person.

Legislative history

Notes

•Amendments of this version that are uncommenced are not incorporated into the text.

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of this Act (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or amended by principal Act

The Authorised Betting Operations Act 2000 amended the following:

Criminal Law (Undercover Operations) Act 1995

Lottery and Gaming Act 1936

Workers Rehabilitation and Compensation Act 1986

Principal Act and amendments

New entries appear in bold.

Year	No	Title	Assent	Commencement
2000	95	Authorised Betting Operations Act 2000	21.12.2000	25.1.2001 (Gazette 25.1.2001 p300) except s 2(2)—21.12.2000: s 2(3) and except ss 3—12(11), 13(1)—(7) & (10), 14—45, 47, 50—58, 60—80, 83—92, Sch 1 and Sch 2 (cll 1, 3 & 4)—14.12.2001 (Gazette 6.12.2001 p5266) and except ss 59 and 82 deleted by 64/2001 without coming into operation and except Sch 2 (cl 2) deleted by 44/2003 without coming into operation and except ss 48 & 49—30.4.2004 (Gazette 29.1.2004 p292) and except s 46—1.9.2004 (Gazette 26.8.2004 p3402)
2001	18	Statutes Amendment (Gambling Regulation) Act 2001	31.5.2001	Pt 2 (ss 4—7)—14.12.2001 (Gazette 6.12.2001 p5267); Pt 2 (ss 8—10)—31.5.2003 (s 7(5) Acts Interpretation Act 1915)
2001	64	Statutes Amendment (Bookmakers) Act 2001	6.12.2001	Pt 2 (ss 4 & 5)—7.12.2001 (Gazette 6.12.2001 p5267)
2002	34	Statutes Amendment (Corporations—Financial Services Reform) Act 2002	28.11.2002	Pt 2 (ss 4—7)—1.8.2003 (Gazette 10.7.2003 p2913)
2003	44	Statute Law Revision Act 2003	23.10.2003	Sch 1—24.11.2003 (Gazette 13.11.2003 p4048)
2003	50	Authorised Betting Operations (Licence and Permit Conditions) Amendment Act 2003	20.11.2003	11.3.2004 (Gazette 11.3.2004 p783)
2004	11	Authorised Betting Operations (Betting Review) Amendment Act 2004	13.5.2004	13.5.2004: s 2(1) except ss 4(1)—(4), 15(1)—(3), (5), 16—19, 21, 24, 25, Sch 1 cl 1—1.9.2004 (Gazette 12.8.2004 p3219)
2006	17	Statutes Amendment (New Rules of Civil Procedure) Act 2006	6.7.2006	Pt 10 (ss 43 & 44)—4.9.2006 (Gazette 17.8.2006 p2831)
2006	43	Statutes Amendment (Domestic Partners) Act 2006	14.12.2006	Pt 10 (ss 34 & 35)—1.6.2007 (Gazette 26.4.2007 p1352)
2007	45	Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007	1.11.2007	Pt 2 (s 3—8) & Sch 1 (cl 1)—1.11.2007
2008	47	Statutes Amendment (Betting Operations) Act 2008	4.12.2008	Pt 2 (ss 4—33) & Sch 1—1.3.2009 (Gazette 26.2.2009 p764)
2009	17	Authorised Betting Operations (Trade Practices Exemption) Amendment Act 2009	7.5.2009	1.3.2009 immediately after 47/2008: s 2
2011	36	Statutes Amendment (Directors' Liability) Act 2011	22.9.2011	Pt 7 (s 9)—1.1.2012 (Gazette 15.12.2011 p4988)
2013	16	Statutes Amendment (Directors' Liability) Act 2013	23.5.2013	Pt 6 (s 10)—17.6.2013 (Gazette 6.6.2013 p2498)
2013	37	Statutes Amendment (Gambling Reform) Act 2013	8.8.2013	Pt 2 (s 10)—31.8.2013; s 5—31.10.2013; ss 4, 6, 7, 9 & 11—1.1.2014; s 8—1.7.2014 (Gazette 29.8.2013 p3648)
2016	57	Statutes Amendment (Budget 2016) Act 2016	8.12.2016	Pt 2 (ss 4—59)—1.7.2017 (Gazette 27.6.2017 p2621)
2017	7	Statutes Amendment and Repeal (Simplify) Act 2017	15.3.2017	Pt 3 (ss 10—13)—15.3.2017: s 2(1)
2018	35	Statutes Amendment and Repeal (Budget Measures) Act 2018	22.11.2018	Pt 2 (ss 4 to 36)—1.12.2018 (Gazette 29.11.2018 p4058)
2019	42	Gambling Administration Act 2019	12.12.2019	Sch 1 (cll 1 & 3(7) to (11))—uncommenced
2019	44	Statutes Amendment (Gambling Regulation) Act 2019	12.12.2019	Pt 2 (ss 4 to 39) & Sch 1 (cl 1)—uncommenced

Provisions amended

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Provision	How varied	Commencement
Long title	amended by 44/2003 s 3(1) (Sch 1)	24.11.2003
amended by 47/2008 s 4	1.3.2009
Pt 1
s 2	omitted under Legislation Revision and Publication Act 2002	1.9.2004
s 3
s 3(1)
advertising code of practice	inserted by 47/2008 s 5(1)	1.3.2009
agent's licence	inserted by 11/2004 s 4(1)	1.9.2004
authorised betting operator	inserted by 57/2016 s 4(1)	1.7.2017
authorised interstate betting operator	inserted by 47/2008 s 5(2)	1.3.2009
authorised officer	(b) deleted by 35/2018 s 4(1)	1.12.2018
Authority	substituted by 18/2001 s 4(a)	14.12.2001
deleted by 35/2018 s 4(2)	1.12.2018
betting exchange	inserted by 47/2008 s 5(3)	1.3.2009
bookmaker	deleted by 11/2004 s 4(2)	1.9.2004
clerk's licence	deleted by 11/2004 s 4(3)	1.9.2004
Commissioner	amended by 18/2001 s 4(b)	14.12.2001
comprehensive licence	inserted by 57/2016 s 4(2)	1.7.2017
conduct betting operations	inserted by 47/2008 s 5(4)	1.3.2009
contribution agreement	inserted by 47/2008 s 5(4)	1.3.2009
criminal intelligence	inserted by 37/2013 s 4	1.1.2014
designated person	inserted by 45/2007 s 3	1.11.2007
domestic partner	inserted by 43/2006 s 34(1)	1.6.2007
duty	deleted by 57/2016 s 4(3)	1.7.2017
duty agreement	deleted by 57/2016 s 4(3)	1.7.2017
integrity agreement	inserted by 47/2008 s 5(5)	1.3.2009
interstate betting operator	inserted by 47/2008 s 5(5)	1.3.2009
licensing authority	inserted by 11/2004 s 4(4)	1.9.2004
deleted by 35/2018 s 4(3)	1.12.2018
limited licence	inserted by 57/2016 s 4(4)	1.7.2017
major betting operations licence	amended by 57/2016 s 4(5)	1.7.2017
prescribed interstate licence	inserted by 47/2008 s 5(6)	1.3.2009
responsible gambling code of practice	inserted by 47/2008 s 5(7)	1.3.2009
spouse	inserted by 43/2006 s 34(2)	1.6.2007
State-owned company	amended by 34/2002 s 4(a)	1.8.2003
deleted by 11/2004 s 4(5)	13.5.2004
substantial holding	amended by 34/2002 s 4(b)	1.8.2003
TABCO, TABCO(A) and TABCO(B)	deleted by 11/2004 s 4(6)	13.5.2004
telephone, Internet or other electronic means	inserted by 47/2008 s 5(8)	1.3.2009
24 hour sportsbetting licence	inserted by 50/2003 s 4	11.3.2004
s 3(2)	amended by 34/2002 s 4(c)	1.8.2003
s 3(3)	inserted by 47/2008 s 5(9)	1.3.2009
s 4
s 4(1)	amended by 47/2008 s 6(1)	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 4(2)	substituted by 47/2008 s 6(2)	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 4(2a)	inserted by 11/2004 s 5	13.5.2004
deleted by 47/2008 s 6(2)	1.3.2009
s 4(3)	substituted by 47/2008 s 6(2)	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 4(3a)	inserted by 47/2008 s 6(2)	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 4(4)	amended by 35/2018 s 35(1)	1.12.2018
s 5
s 5(1)	s 5 amended and redesignated as s 5(1) by 34/2002 s 5(a)—(c)	1.8.2003
amended by 43/2006 s 35	1.6.2007
s 5(2)	inserted by 34/2002 s 5(c)	1.8.2003
s 6A	inserted by 47/2008 s 7	1.3.2009
s 6A(1)	amended by 35/2018 s 35(1)	1.12.2018
s 6A(2)	deleted by 37/2013 s 5(1)	31.10.2013
s 6A(3)	amended by 37/2013 s 5(2)	31.10.2013
amended by 35/2018 s 5(1)	1.12.2018
s 6A(3a)	inserted by 37/2013 s 5(3)	31.10.2013
s 6A(4)	amended by 35/2018 s 35(1)	1.12.2018
s 6A(4a)	inserted by 37/2013 s 5(4)	31.10.2013
amended by 35/2018 s 35(1)	1.12.2018
s 6A(5)	deleted by 37/2013 s 5(5)	31.10.2013
s 6A(6)	amended by 37/2013 s 5(6)	31.10.2013
deleted by 35/2018 s 5(2)	1.12.2018
s 6A(7) and (8)	amended by 35/2018 s 35(1)	1.12.2018
s 6A(9)	inserted by 37/2013 s 5(7)	31.10.2013
amended by 35/2018 s 35(1)	1.12.2018
s 6B	inserted by 37/2013 s 6	1.1.2014
s 6B(1)—(3)	amended by 35/2018 s 6	1.12.2018
Pt 2
heading	amended by 57/2016 s 5	1.7.2017
Pt 2 Div 1
heading	amended by 57/2016 s 6	1.7.2017
s 7
s 7(1) and (2)	amended by 57/2016 s 7(1)	1.7.2017
s 7(3)	deleted by 11/2004 s 6(1)	13.5.2004
inserted by 57/2016 s 7(2)	1.7.2017
s 7(4)	amended by 11/2004 s 6(2)	13.5.2004
amended by 57/2016 s 7(3)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 7(5)	amended by 35/2018 s 35(2)	1.12.2018
s 8	amended by 57/2016 s 8	1.7.2017
s 9
s 9(1)	s 9 amended by 11/2004 s 7	13.5.2004
s 9 amended and redesignated as s 9(1) by 57/2016 s 9(1), (2)	1.7.2017
s 9(2)	inserted by 57/2016 s 9(2)	1.7.2017
s 10
s 10(1)	amended by 57/2016 s 10(1)	1.7.2017
s 10(2)	amended by 57/2016 s 10(2)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 10(3)	amended by 35/2018 s 35(2)	1.12.2018
s 11
s 11(1)	amended by 57/2016 s 11	1.7.2017
s 11(2)	amended by 35/2018 s 35(1)	1.12.2018
s 11(3)	amended by 35/2018 s 35(2)	1.12.2018
Pt 2 Div 2
s 12
s 12(1)	amended by 57/2016 s 12(1)	1.7.2017
s 12(2)	amended by 57/2016 s 12(2)	1.7.2017
s 12(3)	amended by 57/2016 s 12(2)	1.7.2017
(d) deleted by 35/2018 s 7(1)	1.12.2018
s 12(4)	amended by 57/2016 s 12(3)	1.7.2017
s 12(5)	amended by 57/2016 s 12(2)	1.7.2017
amended by 35/2018 s 7(2)	1.12.2018
s 12(6)	amended by 18/2001 s 5	14.12.2001
amended by 57/2016 s 12(2)	1.7.2017
amended by 35/2018 s 7(2), (3)	1.12.2018
s 12(7)	amended by 57/2016 s 12(2)	1.7.2017
(c) deleted by 35/2018 s 7(4)	1.12.2018
s 12(8)	amended by 57/2016 s 12(2)	1.7.2017
amended by 35/2018 s 7(5)	1.12.2018
s 12(9)	amended by 57/2016 s 12(2)	1.7.2017
s 12(10)	amended by 57/2016 s 12(4)	1.7.2017
deleted by 35/2018 s 7(6)	1.12.2018
s 12(11)	amended by 57/2016 s 12(2)	1.7.2017
s 12(12)	amended by 57/2016 s 12(4), (5)	1.7.2017
s 12(13)
entering into	inserted by 47/2008 s 8	1.3.2009
giving effect	amended by 57/2016 s 12(6)	1.7.2017
s 13
s 13(1)	amended by 57/2016 s 13(1)	1.7.2017
s 13(5)	amended by 57/2016 s 13(2)	1.7.2017
s 13(8)	amended by 57/2016 s 13(3)	1.7.2017
s 13(9)
entering into	inserted by 47/2008 s 9	1.3.2009
s 13(10)	deleted by 11/2004 s 8	13.5.2004
s 14	deleted by 57/2016 s 14	1.7.2017
s 15
s 15(1)	substituted by 35/2018 s 8	1.12.2018
s 15(2)	deleted by 57/2016 s 15	1.7.2017
Pt 2 Div 3
s 16
s 16(1)	amended by 57/2016 s 16(1)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 16(2)	deleted by 11/2004 s 9	13.5.2004
s 16(3)	amended by 57/2016 s 16(2), (3)	1.7.2017
s 16(4)	amended by 35/2018 s 35(2)	1.12.2018
s 17
s 17(1)	amended by 57/2016 s 17	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 17(2)	amended by 35/2018 s 35(1)	1.12.2018
s 17(3)	deleted by 11/2004 s 10	13.5.2004
s 18
s 18(1)	amended by 57/2016 s 18(1)	1.7.2017
amended by 35/2018 s 35(2)	1.12.2018
s 18(2)	amended by 57/2016 s 18(2)	1.7.2017
amended by 35/2018 s 9	1.12.2018
s 18(3)	amended by 57/2016 s 18(2)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 18(4) and (5)	amended by 35/2018 s 35(1)	1.12.2018
s 19
s 19(1)	amended by 57/2016 s 19(1)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 19(2)	amended by 57/2016 s 19(2)	1.7.2017
Pt 2 Div 4	heading amended by 11/2004 s 11	13.5.2004
s 20
s 20(1)	amended by 11/2004 s 12(1)	13.5.2004
amended by 57/2016 s 20(1), (2)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 20(1a) and (1b)	inserted by 37/2013 s 7	1.1.2014
amended by 35/2018 s 35(1)	1.12.2018
s 20(2)	amended by 11/2004 s 12(2)	13.5.2004
amended by 57/2016 s 20(1), (3)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 20(3)	amended by 11/2004 s 12(3)	13.5.2004
amended by 57/2016 s 20(4)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 20(4)	deleted by 11/2004 s 12(4)	13.5.2004
s 20(5)	amended by 57/2016 s 20(4)	1.7.2017
s 20(6)	inserted by 11/2004 s 12(5)	13.5.2004
designated person	amended by 57/2016 s 20(4), (5)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
Pt 2 Div 5
s 21
s 21(1)	amended by 45/2007 s 4(1)	1.11.2007
amended by 35/2018 s 35(1), (2)	1.12.2018
amended by 57/2016 s 21(1), (2)	1.7.2017
s 21(2)	amended by 45/2007 s 4(2)	1.11.2007
amended by 57/2016 s 21(1), (3)	1.7.2017
amended by 35/2018 s 35(1), (2)	1.12.2018
s 21(3)	amended by 35/2018 s 35(1)	1.12.2018
s 22
s 22(1) and (2)	amended by 57/2016 s 22(1)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 22(3)	amended by 57/2016 s 22(2)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 22(4)	substituted by 45/2007 s 5	1.11.2007
amended by 57/2016 s 22(3)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 22(5) and (6)	amended by 35/2018 s 35(1)	1.12.2018
Pt 2 Div 6
s 23
s 23(1)	amended by 35/2018 ss 10, 35(1)	1.12.2018
s 23(2)	amended by 57/2016 s 23	1.7.2017
amended by 35/2018 ss 10, 35(1)	1.12.2018
s 23(3)	amended by 35/2018 ss 10, 35(1)	1.12.2018
s 24
s 24(1)	amended by 35/2018 s 35(1)	1.12.2018
s 24(2)	amended by 57/2016 s 24	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 24(3)	amended by 35/2018 s 35(1)	1.12.2018
s 24(4)	amended by 18/2001 s 6	14.12.2001
amended by 35/2018 s 11	1.12.2018
s 25
s 25(1)	substituted by 45/2007 s 6(1)	1.11.2007
amended by 57/2016 s 25(1)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 25(2)	amended by 45/2007 s 6(2)	1.11.2007
amended by 35/2018 s 35(1)	1.12.2018
s 25(3)	amended by 45/2007 s 6(3)	1.11.2007
amended by 35/2018 s 35(1)	1.12.2018
s 25(4)	amended by 45/2007 s 6(4)	1.11.2007
amended by 35/2018 s 35(1)	1.12.2018
s 25(5)	amended by 35/2018 s 35(2)	1.12.2018
s 25(6)	amended by 45/2007 s 6(5)	1.11.2007
amended by 57/2016 s 25(2)	1.7.2017
s 26	substituted by 45/2007 s 7	1.11.2007
amended by 57/2016 s 26	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
Pt 2 Div 7
s 27
s 27(1)	amended by 57/2016 s 27	1.7.2017
s 27(2)	amended by 35/2018 s 35(1)	1.12.2018
s 27(3)	amended by 57/2016 s 27	1.7.2017
s 28
s 28(1)	amended by 57/2016 s 28	1.7.2017
amended by 35/2018 s 12	1.12.2018
s 28(2)	amended by 11/2004 s 13	13.5.2004
amended by 57/2016 s 28	1.7.2017
amended by 35/2018 s 12	1.12.2018
s 29
s 29(1)	amended by 34/2002 s 6	1.8.2003
amended by 57/2016 s 29	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 29(3)	amended by 35/2018 s 35(1)	1.12.2018
s 29(4)	amended by 35/2018 ss 13, 35(1)	1.12.2018
s 30	deleted by 11/2004 s 14	13.5.2004
Pt 2 Div 8	deleted by 57/2016 s 30	1.7.2017
Pt 2 Div 9
s 33
s 33(1)	amended by 57/2016 s 31(1)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 33(2)	amended by 57/2016 s 31(2)	1.7.2017
s 33(3)	amended by 35/2018 s 35(1)	1.12.2018
Pt 2 Div 10	inserted by 45/2007 s 8	1.11.2007
s 33A
s 33A(1) and (2)	amended by 57/2016 s 32(1)	1.7.2017
s 33A(3)	amended by 57/2016 s 32(2)	1.7.2017
s 33A(4) and (5)	amended by 57/2016 s 32(3)	1.7.2017
s 33A(7)
administration cost	amended by 57/2016 s 32(4)	1.7.2017
Pt 3
heading	substituted by 47/2008 s 10	1.3.2009
Pt 3 Div 1
s 34
s 34(1)	amended by 50/2003 s 5(1)	11.3.2004
amended by 11/2004 s 15(1), (2)	1.9.2004
amended by 35/2018 ss 14, 35(1)	1.12.2018
s 34(2)	substituted by 11/2004 s 15(3)	1.9.2004
s 34(2a)	inserted by 11/2004 s 15(3)	1.9.2004
s 34(2b)	inserted by 11/2004 s 15(4)	13.5.2004
s 34(3)	amended by 35/2018 s 35(1)	1.12.2018
s 34(4)	inserted by 50/2003 s 5(2)	11.3.2004
amended by 11/2004 s 15(5)	1.9.2004
s 35
s 35(2)	amended by 35/2018 s 35(1)	1.12.2018
s 36
s 36(1)	amended by 11/2004 s 16(1)	1.9.2004
amended by 35/2018 s 15	1.12.2018
s 36(2)	amended by 11/2004 s 16(2)	1.9.2004
amended by 35/2018 s 15	1.12.2018
s 36(4)	amended by 35/2018 s 35(1)	1.12.2018
s 36(5)	inserted by 50/2003 s 6	11.3.2004
amended by 11/2004 s 16(3)	1.9.2004
s 37
s 37(1)	s 37 redesignated as s 37(1) by 18/2001 s 7	14.12.2001
amended by 11/2004 s 17(1)	1.9.2004
amended by 35/2018 s 16	1.12.2018
s 37(2)	inserted by 18/2001 s 7	14.12.2001
amended by 50/2003 s 7	11.3.2004
amended by 11/2004 s 17(1), (2)	1.9.2004
amended by 35/2018 s 16	1.12.2018
s 38
s 38(1) and (2)	amended by 11/2004 s 18	1.9.2004
amended by 35/2018 s 17	1.12.2018
s 38A	inserted by 11/2004 s 19	1.9.2004
Pt 3 Div 2	deleted by 57/2016 s 33	1.7.2017
Pt 3A	inserted by 47/2008 s 11	1.3.2009
s 40A
s 40A(1) and (2)	amended by 35/2018 s 35(1)	1.12.2018
s 40A(4)	amended by 57/2016 s 34(1)	1.7.2017
s 40A(5)	amended by 35/2018 s 35(1)	1.12.2018
s 40A(5a)	inserted by 57/2016 s 34(2)	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 40B	deleted by 57/2016 s 35	1.7.2017
Pt 3B	inserted by 57/2016 s 35	1.7.2017
s 40H
s 40H(2)	amended by 35/2018 s 18	1.12.2018
Pt 4
Pt 4 Div 1
heading	substituted by 47/2008 s 12	1.3.2009
s 41
s 41(1)	amended by 57/2016 s 36	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 41(3)	amended by 57/2016 s 36	1.7.2017
s 41(4)	amended by 35/2018 s 35(1)	1.12.2018
s 42
s 42(1)	amended by 57/2016 s 37	1.7.2017
amended by 35/2018 s 35(2)	1.12.2018
s 42(2)	amended by 35/2018 s 35(1)	1.12.2018
s 43
s 43(1)	s 43 redesignated as s 43(1) by 47/2008 s 13	1.3.2009
amended by 57/2016 s 38	1.7.2017
s 43(2)	inserted by 47/2008 s 13	1.3.2009
amended by 35/2018 s 19	1.12.2018
s 44	amended by 57/2016 s 39	1.7.2017
s 45	amended by 57/2016 s 40	1.7.2017
s 46
s 46(1)	amended by 57/2016 s 41(1)	1.7.2017
s 46(1aa)	inserted by 57/2016 s 41(2)	1.7.2017
s 46(1a)	inserted by 11/2004 s 20	13.5.2004
amended by 57/2016 s 41(3)	1.7.2017
s 46(2)	amended by 57/2016 s 41(4)	1.7.2017
s 47	amended by 57/2016 s 42	1.7.2017
s 48	substituted by 47/2008 s 14	1.3.2009
amended by 57/2016 s 43	1.7.2017
s 49	amended by 18/2001 s 8	31.5.2003
substituted by 47/2008 s 14	1.3.2009
amended by 57/2016 s 44	1.7.2017
s 50 before deletion by 37/2013
s 50(1)	amended by 47/2008 s 15	1.3.2009
s 50	deleted by 37/2013 s 8	1.7.2014
s 51
s 51(aa1) and (a1)	inserted by 18/2001 s 9	31.5.2003
deleted by 47/2008 s 16(1)	1.3.2009
s 51(1)	amended by 47/2008 s 16(2), (3)	1.3.2009
s 51(2)	amended by 47/2008 s 16(2)	1.3.2009
s 51(3)	amended by 47/2008 s 16(2)	1.3.2009
amended by 57/2016 s 45	1.7.2017
s 51(4)	deleted by 47/2008 s 16(4)	1.3.2009
s 51A	inserted by 18/2001 s 10	31.5.2003
deleted by 47/2008 s 17	1.3.2009
Pt 4 Div 2
s 53A	inserted by 47/2008 s 18	1.3.2009
s 54 before substitution by 7/2017
s 54(1)	s 54 redesignated as s 54(1) by 50/2004 s 8	11.3.2004
s 54(1a)	inserted by 11/2004 s 21	1.9.2004
s 54(2)	inserted by 50/2003 s 8	11.3.2004
s 54	substituted by 7/2017 s 10	15.3.2017
s 55 before deletion by 7/2017
s 55(7)	inserted by 11/2004 s 22	13.5.2004
s 55	deleted by 7/2017 s 10	15.3.2017
s 56	deleted by 47/2008 s 19	1.3.2009
s 57 before deletion by 7/2017
s 57(1a)	inserted by 11/2004 s 23	13.5.2004
s 57(3)	inserted by 50/2003 s 9	11.3.2004
s 57	deleted by 7/2017 s 10	15.3.2017
s 58	deleted by 7/2017 s 10	15.3.2017
s 59 before deletion by 7/2017	deleted by 64/2001 s 4	7.12.2001
inserted by 11/2004 s 24	1.9.2004
s 59	deleted by 7/2017 s 10	15.3.2017
s 60
s 60(1a)	inserted by 47/2008 s 20	1.3.2009
amended by 35/2018 s 20	1.12.2018
s 60(5)	inserted by 11/2004 s 25	1.9.2004
ss 60A and 60B	inserted by 47/2008 s 21	1.3.2009
s 61
s 61(1)	amended by 7/2017 s 11	15.3.2017
s 62
s 62(1)	amended by 47/2008 s 22	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 62(2)	substituted by 11/2004 s 26	13.5.2004
(a) deleted by 35/2018 s 21	1.12.2018
Pt 4 Div 3	inserted by 47/2008 s 23	1.3.2009
s 62A	amended by 35/2018 s 22	1.12.2018
s 62D	amended by 35/2018 s 35(1)	1.12.2018
Pt 4 Div 4	inserted by 47/2008 s 23	1.3.2009
s 62E
s 62E(10)	substituted by 17/2009 s 4	1.3.2009
s 62E(10a)	inserted by 17/2009 s 4	1.3.2009
s 62I
s 62I(1) and (2)	amended by 35/2018 s 23	1.12.2018
s 63	amended by 35/2018 s 24	1.12.2018
Pt 5
s 64
s 64(1)	s 64 redesignated as s 64(1) by 47/2008 s 24	1.3.2009
amended by 35/2018 s 25	1.12.2018
s 64(2)	inserted by 47/2008 s 24	1.3.2009
amended by 35/2018 s 25	1.12.2018
Pt 6
s 67
s 67(1)	amended by  47/2008 s 25	1.3.2009
amended by 57/2016 s 46(1)—(3)	1.7.2017
s 68
s 68(1)	amended by 35/2018 s 35(1)	1.12.2018
s 68(2)	amended by 47/2008 s 26	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 69
s 69(1)	amended by 47/2008 s 27(1), (2)	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 69(2)	amended by 47/2008 s 27(2), (3)	1.3.2009
amended by 57/2016 s 47	1.7.2017
s 70
s 70(1)	amended by 47/2008 s 28(1)—(3)	1.3.2009
amended by 57/2016 s 48	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 71
s 71(1)	amended by 47/2008 s 29	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 71(4)	amended by 35/2018 s 35(1)	1.12.2018
s 72
s 72(1)	amended by 47/2008 s 30(1), (2)	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 72(2)	amended by 47/2008 s 30(2)	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 72(3)	amended by 47/2008 s 30(2)—(4)	1.3.2009
(e), (f) deleted by 47/2008 s 30(4)	1.3.2009
amended by 57/2016 s 49	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 72(4)	amended by 47/2008 s 30(2)	1.3.2009
s 72(5)	amended by 47/2008 s 30(5), (6)	1.3.2009
amended by 35/2018 s 35(1)	1.12.2018
s 72(7)	amended by 47/2008 s 30(7)	1.3.2009
amended by 57/2016 s 49	1.7.2017
s 73	amended by 35/2018 s 35(1)	1.12.2018
s 73A	inserted by 57/2016 s 50	1.7.2017
s 73A(4), (5) and (7)	amended by 35/2018 s 35(1)	1.12.2018
s 74
s 74(1)	amended by 35/2018 s 35(1)	1.12.2018
s 74(2)	amended by 34/2002 s 7	1.8.2003
amended by 35/2018 s 35(1)	1.12.2018
s 75
s 75(1)	amended by 35/2018 s 35(1)	1.12.2018
s 75(3)	amended by 57/2016 s 51	1.7.2017
s 76
s 76(1)	amended by 57/2016 s 52	1.7.2017
Pt 7
heading	amended by 35/2018 s 26	1.12.2018
s 77
s 77(1)	amended by 35/2018 s 27(1), (2)	1.12.2018
s 77(2)	deleted by 7/2017 s 12	15.3.2017
inserted by 35/2018 s 27(3)	1.12.2018
s 77(3)	substituted by 35/2018 s 27(3)	1.12.2018
s 77(4) and (5)	inserted by 35/2018 s 27(3)	1.12.2018
s 78 before deletion by 35/2018
s 78(1)	amended by 17/2006 s 43(1)	4.9.2006
amended by 47/2008 s 31	1.3.2009
s 78(3)	amended by 17/2006 s 43(2)	4.9.2006
s 78	deleted by 35/2018 s 28	1.12.2018
Pt 8
s 79A	inserted by 11/2004 s 27	13.5.2004
s 80	amended by 57/2016 s 53	1.7.2017
amended by 35/2018 s 35(1)	1.12.2018
s 81
s 81(1)	amended by 57/2016 s 54(1)	1.7.2017
s 81(2)
prescribed agreement, arrangement or instrument	amended by 57/2016 s 54(2), (3)	1.7.2017
entering into	inserted by 47/2008 s 32	1.3.2009
s 82	deleted by 64/2001 s 5	7.12.2001
s 84	substituted by 36/2011 s 9	1.1.2012
s 84(2)	amended by 16/2013 s 10(1)	17.6.2013
s 84(3)	amended by16/2013 s 10(2)	17.6.2013
s 84(3a)	inserted by 16/2013 s 10(3)	17.6.2013
s 84(4)	amended by 57/2016 s 55	1.7.2017
s 85
s 85(2)	amended by 17/2006 s 44	4.9.2006
substituted by 35/2018 s 29	1.12.2018
s 85(3)—(5)	deleted by 35/2018 s 29	1.12.2018
s 86	amended by 35/2018 s 30(1), (2)	1.12.2018
s 87	(a) deleted by 37/2013 s 9	1.1.2014
amended by 35/2018 s 31	1.12.2018
s 88
s 88(2)	amended by 35/2018 s 35(1)	1.12.2018
s 88(3)	inserted by 57/2016 s 56	1.7.2017
s 89
s 89(1)	amended by 47/2008 s 33	1.3.2009
amended by 7/2017 s 13	15.3.2017
amended by 57/2016 s 57	1.7.2017
s 89(2)	amended by 7/2017 s 13	15.3.2017
amended by 35/2018 s 32	1.12.2018
s 90
s 90(1)	amended by 37/2013 s 10(1)	31.8.2013
substituted by 35/2018 s 33(1)	1.12.2018
s 90(2)	amended by 37/2013 s 10(2)	31.8.2013
substituted by 35/2018 s 33(1)	1.12.2018
s 90(3)	amended by 35/2018 ss 33(2), 35(2)	1.12.2018
(d) deleted by 35/2018 s 33(3)	1.12.2018
s 90(4)	amended by 35/2018 s 35(2)	1.12.2018
s 91
s 91(2)	amended by 11/2004 s 28	13.5.2004
amended by 57/2016 s 58(1), (2)	1.7.2017
s 91(3)	amended by 35/2018 s 34(1)	1.12.2018
s 91(4)	inserted by 57/2016 s 58(3)	1.7.2017
amended by 35/2018 s 34(2)	1.12.2018
s 91(5)	inserted by 57/2016 s 58(3)	1.7.2017
amended by 35/2018 s 34(3)	1.12.2018
s 91(6)	inserted by 57/2016 s 58(3)	1.7.2017
s 92	deleted by 11/2004 s 29	13.5.2004
Sch 1
cll 4—6	deleted by 11/2004 s 30	13.5.2004
Sch 1	omitted under Legislation Revision and Publication Act 2002	1.12.2018
Sch 2	deleted by 44/2003 s 3(1) (Sch 1)	24.11.2003

Transitional etc provisions associated with Act or amendments

Authorised Betting Operations Act 2000, Sch 1

1—Racing controlling authorities

(1)The body for the time being designated as the controlling authority for horse racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for horse racing by proclamation under Part 1 of this Act.

(2)The body for the time being designated as the controlling authority for harness racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for harness racing by proclamation under Part 1 of this Act.

(3)The body for the time being designated as the controlling authority for greyhound racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for greyhound racing by proclamation under Part 1 of this Act.

2—Racing clubs

(1)The Minister may, by order in writing, require that on the commencement of section 34 an on-course totalisator betting licence be granted to each club that was a registered racing club within the meaning of the Racing Act 1976 immediately before that commencement in accordance with specified requirements as to the terms and conditions of the licence and the races that are to be approved contingencies for betting operations under the licence (without the need for any application by the club).

(2)Despite any other provisions of this Act, the Authority must comply with a requirement under subclause (1).

3—Bookmakers, clerks and licensed betting shops

(1)A person authorised to act as a bookmaker by licence under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a bookmaker's licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the licence under the Racing Act 1976.

(2)A person authorised to act as the clerk of a licensed bookmaker by licence under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a clerk's licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the licence under the Racing Act 1976.

(3)A bookmaker authorised to conduct betting in premises registered under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a betting shop licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the registration of the premises under the Racing Act 1976.

(4)A licensed bookmaker or group of licensed bookmakers authorised to accept bets by permit under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a permit under Division 2 of Part 4 of this Act authorising the acceptance of the bets.

(5)An event or combination of events constituting an approved event under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been approved by the Authority under section 4 as a contingency for fixed-odds betting by bookmakers.

(6)Rules in force under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been made by the Authority under Division 2 of Part 4 of this Act.

(7)A bond or other security lodged by an applicant for, or holder of, a licence under Part 4 of the repealed Racing Act 1976 in accordance with the rules under that Part will be taken to have been lodged with the Authority in accordance with the rules under Division 2 of Part 4 of this Act, and a reference in the bond or other security to the Racing Industry Development Authority or the Bookmakers Licensing Board or the Betting Control Board will be taken to be a reference to the Authority.

Authorised Betting Operations (Licence and Permit Conditions) Amendment Act 2003, Sch 1

1—Transitional provision

(1)The Minister may, by notice in writing within 30 days of the commencement of this Act, invite a licensed bookmaker to apply to the Authority for a grant of a 24 hour sportsbetting licence.

(2)An application made in response to an invitation under subclause (1) must be in a form determined by the Authority.

(3)Sections 37(1) and 38 of the principal Act do not apply to an application for the grant of a 24 hour sportsbetting licence made at the invitation of the Minister.

Authorised Betting Operations (Betting Review) Amendment Act 2004, Sch 1

1—Transitional provision

(1)A licence (other than an on-course totalisator betting licence) granted by the Independent Gambling Authority under Part 3 Division 1 of the Authorised Betting Operations Act 2000 and in force immediately before the commencement of this clause will, on that commencement, be taken to be a licence granted by the Liquor and Gambling Commissioner under that Division as amended by this Act on the same conditions and for the balance of the term applying to the licence at that commencement.

(2)A person authorised to act as the clerk of a licensed bookmaker by licence under Part 3 Division 1 of the Authorised Betting Operations Act 2000 immediately before the commencement of this clause will, on that commencement, be taken to have been granted an agent's licence under that Division as amended by this Act on the same conditions and for the balance of the term applying to the clerk's licence.

2—Major betting operations licence

Subject to the licensee's approved licensing agreement, the major betting operations licence will be taken to authorise the licensee to conduct the forms of betting set out in section 9 of the Authorised Betting Operations Act 2000 as amended by this Act.

3—Validation of rules

Rules made or purportedly made under section 62 of the Authorised Betting Operations Act 2000 before the commencement of this Act have the same force and effect, in relation to acts, omissions or things occurring after that commencement, as if made under the section as amended by this Act.

Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007, Sch 1—Transitional provisions

1—Authorised Betting Operations Act—Recovery of administration costs incurred in 2007/2008

Section 33A of the Authorised Betting Operations Act 2000 (as inserted by this Act) is to apply to the financial year 1 July 2007 to 30 June 2008 subject to the following modifications:

(a)a reference to the financial year is to be read as a reference to the period commencing on the day on which this Act comes into operation and ending on 30 June 2008;

(b)subsection (1) is to be read as though it required the notice to be provided not less than 1 month after the commencement of this Act;

(c)subsection (3) is to be read as though it required the licensee, in each month of the financial year, to pay to the Commissioner an amount equal to the recoverable administration costs for the financial year divided by the number of months in the financial year following the notice under subsection (1).

Statutes Amendment (Betting Operations) Act 2008, Sch 1—Transitional provisions

1—Authorised Betting Operations Act—codes of practice

(1)Section 6A(6) and (8) of the Authorised Betting Operations Act 2000 as inserted by this Act does not apply to the first notices published in the Gazette under that section prescribing—

(a)an advertising code of practice applicable to operations under the major betting operations licence or an on-course totalisator betting licence; and

(b)a responsible gambling code of practice applicable to operations under the major betting operations licence or an on-course totalisator betting licence,

(and, consequently, consultation is not required and the notices need not be laid before both Houses of Parliament and are not subject to disallowance).

(2)The Authority must ensure that—

(a)the advertising code of practice first prescribed by the Authority applicable to operations under the major betting operations licence or an on‑course totalisator betting licence is substantially in the form of the codes of practice approved by the Authority under section 48 of the Authorised Betting Operations Act 2000 immediately before the commencement of this paragraph; and

(b)the responsible gambling code of practice first prescribed by the Authority applicable to operations under the major betting operations licence or an on‑course totalisator betting licence is substantially in the form of the codes of practice approved by the Authority under section 49 of the Authorised Betting Operations Act 2000 immediately before the commencement of this paragraph.

(3)Failure to comply with subclause (2) does not affect the validity of a code of practice.

Statutes Amendment (Gambling Reform) Act 2013

11—Transitional provision

(1)The holder of the major betting operations licence must, as soon as practicable after the commencement of section 8, notify the Independent Gambling Authority of all orders that were in force under section 50 of the Authorised Betting Operations Act 2000 immediately before the commencement of section 8.

(2)It is taken to be a condition of the major betting operations licence that the licensee comply with subsection (1).

(3)A person who, immediately before the commencement of section 8, is barred by order under section 50 of the Authorised Betting Operations Act 2000 from entering or remaining in a particular place or making bets at a particular place or in a particular way, is, on the commencement of section 8, taken to be so barred under section 15C of the Independent Gambling Authority Act 1995 (as enacted by this Act)—

(a)for a period of 3 years; or

(b)until a review of the order is completed under section 140,

whichever occurs first.

Statutes Amendment (Budget 2016) Act 2016

59—Transitional provision

(1)In this section—

principal Act means the Authorised Betting Operations Act 2000.

(2)Despite the amendments to the principal Act enacted by this Part, until the prescribed day the duty agreement in force under the principal Act immediately before the commencement of sections 14 and 30 continues in force and continues to bind the parties to the agreement (the parties) as if those sections had not been enacted (subject to any supplementary agreement entered into under subsection (3) and any transitional regulations made in accordance with section 91(4) of the principal Act as amended by this Act).

(3)The parties may enter into a supplementary agreement or vary the terms of the duty agreement for the purpose of transitioning from the arrangements applicable under the duty agreement to the taxation arrangements prescribed under the principal Act as amended by this Act.

(4)For the avoidance of doubt, the requirements relating to the duty agreement under section 15 of the principal Act as in force immediately before the commencement of section 15 of this Act do not apply to any agreement or variation of an agreement under subsection (3).

(5)In this clause—

prescribed day means a day fixed by agreement between the parties as the day on which the duty agreement will terminate.

Statutes Amendment and Repeal (Budget Measures) Act 2018, Pt 2

36—Transitional provisions

(1)A recommendation, designation, classification, ratification or consent given or made by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given or made under that Act as in force after the commencement of this section.

(2)A notice, direction, order, requirement, request, determination or certificate given, issued or made by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given, issued or made under that Act as in force after the commencement of this section.

(3)A notice, direction or request given to or received by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given or received under that Act as in force after the commencement of this section.

(4)A notice prescribing a code of practice or requirements for systems and procedures published by the Independent Gambling Authority and in force under section 6A of the Authorised Betting Operations Act 2000 as in force immediately before the commencement of this section continues in force as if it had been published under that Act as in force after the commencement of this section.

(5)A licence or approval granted by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force (subject to the conditions (if any) applying to the licence or approval) as if it had been granted under that Act as in force after the commencement of this section.

(6)If a review has been commenced but not finally determined by the Independent Gambling Authority under section 77 of the Authorised Betting Operations Act 2000 before the commencement of section 27 of this Act, the review may be continued and completed by the Court as if it had been commenced under section 77 as in force after the commencement of section 27.

(7)If any application, investigation or other proceeding had been commenced but not finally determined by the Independent Gambling Authority under the Authorised Betting Operations Act 2000 before the commencement of this section, the application, investigation or proceeding may be continued and completed by the Commissioner as if it had been commenced under that Act as in force after the commencement of this section.

(8)The provisions of this section are subject to any regulations made under section 91(4) of the Authorised Betting Operations Act 2000 (as in force after the commencement of section 34(2)).

(9)In this section—

Commissioner has the same meaning as in the Authorised Betting Operations Act 2000;

Court means the Licensing Court of South Australia;

Independent Gambling Authority means the Authority established under the Independent Gambling Authority Act 1995 (as in force immediately before the commencement of this section);

notice includes—

(a)a compliance notice within the meaning of section 69(1) of the Authorised Betting Operations Act 2000; and

(b)an expiation notice within the meaning of section 70(1) of the Authorised Betting Operations Act 2000.

Historical versions

Reprint No 1—14.12.2001

Reprint No 2—31.5.2003

Reprint No 3—1.8.2003

Reprint No 4—24.11.2003

Reprint No 5—11.3.2004

30.4.2004 (electronic only)

13.5.2004

1.9.2004

4.9.2006

1.6.2007

1.11.2007

1.3.2009

1.1.2012

17.6.2013

31.8.2013

31.10.2013

1.1.2014

1.7.2014

15.3.2017

1.7.2017