Betting (Totalizator Agency) Act 1969 (ACT)

BETTING (TOTALIZATOR AGENCY)

No. 24 of 1969

An Ordinance to amend the Betting (Off-course Totalizator

Agency) Ordinance 1964-1968.

1.—(1.) This Ordinance may be cited as the Betting (Totalizator Agency) Ordinance 1969.*

(2.) The Betting (Off-course Totalizator Agency) Ordinance
1964-1968t is in this Ordinance referred to as the Principal Ordinance.

(3.) The Principal Ordinance, as amended by this Ordinance, may

be cited as the Betting (Totalizator Agency) Ordinance 1964-1969.

2. This Ordinance shall come into operation on the first day of

October, One thousand nine hundred and sixty-nine.

3. The long title to the Principal Ordinance is amended by omitting the word " Off-course ".

4. Section 3 of the Principal Ordinance is amended by omitting the

words—

" Part III.—Off-course Betting (Sections 36-42) "—

and by inserting in their stead the words—

"Part III.—Totalizator Betting (Sections 36-42).".

5. Section 4 of the Principal Ordinance is amended—

t Ordinance No. 14, 1964, as amended by No. 19, 1966; and No. 13, 1968.

(a) by omitting from the definition of " doubles bet " the word

" winning " and inserting in their stead the word " results ";

(b) by omitting the definition of " off-course totalizator

betting ";

(c)	by inserting in the definition of " racecourse", after the
word " land ", the words ", whether within or outside the Territory,"; and

(d) by adding at the end thereof the following definition:—

" ' totalizator betting' means betting, on a racecourse or elsewhere than on a racecourse, by placing bets on a race on a totalizator.".

* Made on 20 September 1969; notified in the Commonwealth Gazette on 25 September 1969.

6. Section 18 of the Principal Ordinance is repealed and the follow­ ing sections are inserted in its stead:—

"18 . The functions of the Board are to conduct or provide, in accordance with this Ordinance, totalizator betting facilities in respect of races held within or outside the Territory—

(a) by operating its own totalizator; or

(b) by means of agreements entered into under section twenty of this Ordinance.

" 18A. The Board has, in the Territory, the exclusive right to con­ duct or provide totalizator betting facilities on races held whether within or outside the Territory.".

7.  Section 20 of the Principal Ordinance is amended—

(a)	by omitting from sub-section (1.) the word " off-course "; and
(b)	by omitting from paragraphs (a) and (c) of sub-section (2.) the word "winning".

8. Section 21 of the Principal Ordinance is amended by adding at the end thereof the following sub-section:—

" (4.) The last two preceding sub-sections do not apply to or in relation to the carrying on by the Board of its business on a racecourse in the Territory.".

9. After section 21 of the Principal Ordinance the following section is inserted:—

" 21A.—(1.) A race club controlling races at a racecourse in the Territory shall, if the Board has not established an office or agency at the racecourse, make available to the Board such premises at the race­ course as are necessary to enable the Board to conduct totalizator betting facilities at the racecourse.

" (2.) A reference in this Ordinance to an office or agency of the Board shall, unless the contrary intention appears, be read as including premises made available to the Board under the last preceding sub­ section.".

10.  Section 23 of the Principal Ordinance is amended—

(a) by inserting at the end of paragraph (a) of sub-section (1.) the word " and";

(b) by omitting paragraph (c) of sub-section (1.); and

(c) by omitting sub-section (2.) and inserting in its stead the following sub-section:—

" (2.) Paragraph (b) of the last preceding sub-section does not apply to or in relation to premises at which the Board carries on its business on a racecourse.".

11. Section 24 of the Principal Ordinance is repealed and the follow­ ing section is inserted in its stead:—

" 24. The Board shall, out of the amount of each bet received by it and placed by it on the totalizator operated by it, retain as commission such amount as the Board, with the approval of the Minister, determines to be so retained for the class of bets in which the bet is included.".

12. Sections 26 and 27 of the Principal Ordinance are repealed and the following section is inserted in its stead:—

"26.—(1.) The Board may borrow moneys on overdraft from a bank for the temporary purposes of paying the expenses of or connected with or arising out of the carrying on of its business.

" (2.) The rights of a bank from which moneys are borrowed under the last preceding sub-section are not prejudiced or affected by any application by the Board of moneys so borrowed.

" (3.) The Board may, with the consent of the Minister, borrow moneys, whether for a temporary purpose or not, otherwise than in accordance with the preceding provisions of this section.".

13. The heading to Part III. of the Principal Ordinance is amended by omitting the word " Off-course " and inserting in its stead the word " Totalizator ".

14. Section 36 of the Principal Ordinance is amended by omitting sub-sections (2.) and (3.).

15. Section 37 of the Principal Ordinance is amended by omitting paragraph (d) of sub-section (2.) and inserting in its stead the follow­ ing paragraph:—

" (d) the bet is made by letter, telegram or telephone message to, or personally at, an office or agency of the Board by that person and payment of the amount of the bet is authorized to be made from a credit account that—

(i)	was established by that person under section thirty-
nine of this Ordinance before the commencement of the race meeting at which the race on which the bet is made is run; and
(ii)	shows sufficient credit at the time of making the bet to pay the amount of the bet.".

16. After section 37 of the Principal Ordinance the following section is inserted:—

" 37A. The Board shall place a bet accepted by it under this Ordinance—

(a)	in respect of a race on which the Board operates its own totalizator—on that totalizator; and
(b)	in respect of a race on which the Board does not operate its own totalizator—on the totalizator in a State or another

Territory of the Commonwealth, being the totalizator in respect of which a body conducting totalizator betting in that State or Territory on that race is, in pursuance of an agreement with that body under section twenty of this Ordinance, the agent of the Board.".

17. Section 39 of the Principal Ordinance is amended by omitting

sub-section (2.).

18. Sections 41 and 42 of the Principal Ordinance are repealed and

the following sections inserted in their stead:—
"41.—(1.) The Board shall, as soon as practicable after the con­ clusion of each race on which totalizator betting facilities are conducted or provided by it, pay dividends in accordance with this section on each bet placed by the Board in respect of which a dividend is payable.

" (2.) For the purposes of the last preceding sub-section—

(a) a bet is a bet in respect of which a dividend is payable—

(i)   in a case where bets are placed on the totalizator operated by the Board—if the bet is declared, in accordance with the resolution of the Board applic­ able in relation to the class of bets in which the bet is included, to be a bet in respect of which a dividend is payable; and

(ii)   in a case where bets are placed by the Board on a totalizator other than the totalizator operated by the Board—if the bet is declared by the totalizator on which the bets were placed to be a bet in respect of which a dividend is payable;

(b) the amount of the dividend payable is—

(i)   in the case of a bet referred to in sub-paragraph (i) of the last preceding paragraph—the amount declared, in accordance with the resolution of the

Board that is applicable to the race on which the
bets were placed and to the class of bets in which

that bet is included to be the dividend for that bet;
and

(ii)   in the case of a bet referred to in sub-paragraph (ii) of the last preceding paragraph—the amount declared by the totalizator on which the bets were placed to be the dividend for that bet; and

(c) a reference to a bet in respect of which a dividend is pay­ able shall be read as including a bet in respect of which a refund is payable in accordance with the resolution of the Board that is applicable to the race on which the bet was placed and the class of bets in which that bet is included or is payable by the totalizator on which the bet was placed, as the case may be.

" (3.) The minimum amount to be paid by the Board as a dividend in respect of a bet placed by the Board on a race, other than a race in which two or more runners were each placed, first, second or third, is Fifty cents.

" (4.) The Board is not liable to pay an amount as a dividend in respect of a bet on a race remaining unclaimed after the expiration of the period of six months that commenced on the first day on which the office or agency of the Board at which the bet was made was open for business after the day of the race.

" 41 A. Where the bets on a race placed by the Board on its own totalizator do not include a bet on the winner of the race or on a winning combination on the race, the amount that would, if one or more bets had been placed on the winner of the race or on the winning combination on the race, as the case may be, have been available for distribution as dividends in accordance with the resolution of the Board that is applic­ able to the race and the class of bets accepted for the race shall, if the resolution so provides, form part of the amount available for distribution as dividends on other bets, whether on the same race or another race, in respect of which dividends are payable or, if the resolution so provides, shall be credited to the Dividend Equalization Account referred to in section forty-two of this Ordinance.

" 41B. A person who authorizes or permits a payment, otherwise than in accordance with this Ordinance, of a dividend, or of a refund, in respect of a bet made under this Ordinance is guilty of an offence punish­ able upon conviction by a fine not exceeding Forty dollars.

" 42.—(1.) The Board shall, in the accounts kept by it in pursuance

of section thirty-two of this Ordinance, keep an account to be called the Dividend Equalization Account and shall set aside in that Account amounts which, in accordance with resolutions of the Board, are to be credited to that Account and any amounts as unclaimed dividends that, by reason of sub-section (4.) of section forty-one of this Ordinance, the Board is not liable to distribute.

" (2.) There shall be debited against the Dividend Equalization Account any amounts which, in accordance with sub-section (3.) of sec­ tion forty-one of this Ordinance or in accordance with the appropriate resolution of the Board, are included in dividends paid by the Board on bets in respect of which dividends are payable at amounts higher than the amounts at which they would, but for that sub-section or that resolution, have been payable.

" (3.) Any balance standing to the credit or debit of the Dividends Equalization Account at the end of each financial year shall be trans­ ferred to the revenue account of the Board.".

19.  Section 46 of the Principal Ordinance is amended—

(a) by inserting in sub-section (1.) after the word "thirty- nine ", the words " and of resolutions of the Board referred to sub-section (2.) of section forty-one,"; and

(b) by inserting in sub-section (2.) after the word "deter­ mination" (wherever occurring) the words "or of a resolution ".