Bookmakers Regulations 1985 (ACT)

Bookmakers Regulations 1985     No 24

made under the

Bookmakers Act 1985

Republication No 3A

As in force on 14 June 2001

Includes all amendments up to SL 2001 No 16

Prepared by the ACT Parliamentary Counsel’s Office

This republication is not an authorised republication for the Legislation (Republication) Act 1956.

About this republication

The republished law

This is a republication of the Bookmakers Regulations 1985, made under the Bookmakers Act 1985, as in force on 14 June 2001.  It includes all amendments made to the republished law up to SL 2001 No 16.  The history of the republished law is set out in endnote 3.

Kinds of republications

The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:

• authorised printed republications to which the Legislation (Republication) Act 1996 applies—these republications are numbered without a letter (eg 1, 2, 3 etc)

• unauthorised electronic republications—these republications are numbered with a letter (eg 1A, 1B, 1C etc).

Editorial changes

The Legislation (Republication) Act 1996, section 13 authorises the Parliamentary Counsel to make textual amendments to a republished law when preparing an authorised republication. The amendments do not effect a substantive change in the law.  The changes are editorial in nature and are made if the Parliamentary Counsel considers they are desirable in accordance with current legislative drafting practice. 

No amendments were made under section 13 when preparing this republication (republication no 3A)

Uncommenced provisions and amendments

If a provision of the republished law has not commenced or is affected by an uncommenced amendment, the symbol  U  appears immediately before the provision heading.  The text of the uncommenced provision or amendment appears only in the last endnote.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see Interpretation Act 1967, section 48.

Penalties

The value of a penalty unit for an offence against this republished law at the date of publication is—

(a)if the person charged is an individual—$100; or

(b)if the person charged is a corporation—$500.

See Interpretation Act 1967, s 33AA for additional information.

As in force on
14 June 2001

Bookmakers Regulations 1985

made under the

Bookmakers Act 1985

Contents

Page

1. Name of regulations  1

2. Interpretation  1

3. Register—prescribed particulars  2

4. Prescribed persons  2

5. Prescribed particulars—application for bookmaker’s agent’s licence    3

5APrescribed procedures and equipment  3

1. Records—prescribed particulars  4

2. Form of return and declaration  4

3. Records—manner in which to be kept  4

4. Retaining of records  5

5. Record to be furnished to racing club etc  5

6. Copy of records to be furnished to Registrar  5

Schedule7

Endnotes

1. About the endnotes  8

2. Abbreviation key  8

3. Legislation history  9

4. Amendment history  9

5. Earlier republications  10

As in force on
14 June 2001

Bookmakers Regulations 1985

made under the

Bookmakers Act 1985

1. Name of regulations

   These regulations are the Bookmakers Regulations 1985.

2. Interpretation

   In these Regulations, unless the contrary intention appears—

   prescribed record means the record required by subsection 43 (1) of the Act to be kept.

   the Act means the Bookmakers Act 1985.

3. Register—prescribed particulars

(1) For the purposes of section 27 of the Act, the following particulars are prescribed:

(a)the name and address of the person;

(b)the licence number;

(c)the date on which the licence was issued;

(d)the kind of race meetings in respect of which the licence was issued.

1. For the purposes of section 36A of the Act, the following particulars are prescribed:

   (a)the name and address of the applicant;

   (b)the name and address of the person nominated in the application;

   (c)the period in respect of which the licence is to be in force;

   (d)the licence number;

   (e)the date on which the licence was issued;

   (f)the kind of race meetings in respect of which the licence was issued.

2. Prescribed persons

   For the purposes of section 32 of the Act, each of the following is a prescribed person:

   (a)the Registrar;

   (b)the Registrar or a Deputy Registrar of the Magistrates Court within the meaning of the Magistrates Court Act 1930;

   (c)a Justice of the Peace;

   (d)a police officer;

   (e)any other person before whom a statutory declaration may be made under the Statutory Declarations Act 1959 of the Commonwealth.

3. Prescribed particulars—application for bookmaker’s agent’s licence

   For the purposes of section 35 of the Act the following particulars are prescribed:

   (a)the name and address of the applicant;

   (b)the name and address of the person to whom the application relates;

   (c)the period in respect of which the licence is to be in force.

5APrescribed procedures and equipment

(1) For the purposes of paragraph 41A (b) of the Act, the prescribed procedure is—

(a)the backer is to be informed that the conversation is being recorded by means of sound-recording equipment;

(b)the name or account number of the backer, and the letter “T” (to denote that the bet is a telephone bet), is to be recorded (in addition to the particulars referred to in regulation 6);

(c)the backer’s name or account number, and the particulars of the bet, are to be confirmed; and

(d)the backer is to be advised of the betting ticket number.

(2) For the purposes of paragraph 41A (c) of the Act, the prescribed equipment is a telephone, tape recorder, cassette and other components and fittings, each being effective for use in recording telephone conversations.

1. Records—prescribed particulars

   For the purposes of section 43 of the Act the following particulars are prescribed:

   (a)the date on which, and racecourse at which, the race meeting was held;

   (b)the name of the racing club holding the race meeting;

   (c)the name of the bookmaker;

   (d)the number of the race;

   (e)the name or number of the horse;

   (f)the amount of the bet;

   (g)the number of the betting ticket or, in the case of a bet placed on credit, the name of the person who placed the bet.

2. Form of return and declaration

   For the purposes of section 44 of the Act, the return and declaration shall be in accordance with the form in the Schedule.

3. Records—manner in which to be kept

   In keeping the prescribed records, a bookmaker shall—

   (a)use the forms made available by the Registrar in numerical order;

   (b)complete the prescribed particulars as soon as the bet to which they relate has been made;

   (c)where the forms are made available in duplicate—keep the records in duplicate using a carbon sheet; and

   (d)where the forms are made available in triplicate—keep the records in triplicate, using 2 carbon sheets.

4. Retaining of records

   Subject to regulation 11, a bookmaker shall retain a copy of the prescribed record for the period of 6 months commencing on the date of the race meeting to which the record relates.

5. Record to be furnished to racing club etc

   Where the prescribed records of a bookmaker in respect of a race meeting were made in triplicate, the bookmaker shall, on request by a licensing body or by the racing club that conducted the race meeting, furnish the second carbon copy of the records to the licensing body or club.

6. Copy of records to be furnished to Registrar

(1) The Registrar may, at any time during the period of 6 months referred to in regulation 9, where it is necessary for the purposes of the Act or these Regulations, by notice in writing require a bookmaker within 7 days of the date of the notice to furnish to the Registrar the bookmaker’s copy of the prescribed record.

(2)  A bookmaker shall not without reasonable excuse refuse or fail to comply with a requirement of the Registrar under subsection (1).

Penalty:  $500.

(3) Where a bookmaker furnishes a copy of a prescribed record to the Registrar in pursuance of this section, the Registrar may make a copy of the record and shall return the record to the bookmaker as soon as practicable.

Schedule

Regulation 7

AUSTRALIAN CAPITAL TERRITORY

Bookmakers Act 1985

Return and declaration

Betting sheets used

Total amount

Total amount

Fielding at race meeting held at—

Date of meeting

Nature of meeting: horse, trotting or greyhound

Race No

Book No

Sheet No

of bets on each event $              c

of bets for each meeting $              c

Amount of licence fee $

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Total due  $____________

I [full name of bookmaker], of [address], the bookmaker making this return, declare that the particulars shown in the betting sheets referred to above are a true and correct statement of my betting transactions at the meeting specified in the betting sheets and summarized above.

[Date]  [Personal signature of bookmaker]

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation (Republication) Act 1996, section 13 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are listed in the legislation history and the amendment history.  These details are underlined.  Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnotes.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

   If the republished law includes penalties, current information about penalty unit values appears on the republication inside front cover.

2. Abbreviation key

am = amended	p = page
amdt = amendment	par = paragraph
ch = chapter	pres = present
cl = clause	prev = previous
def = definition	(prev...) = previously
dict = dictionary	prov = provision
div = division	pt = part
exp = expires/expired	r = rule/subrule
Gaz = Gazette	reg = regulation/subregulation
hdg = heading	renum = renumbered
ins = inserted/added	reloc = relocated
lap = lapsed	R[X] = Republication No
LRA = Legislation (Republication) Act 1996	s = section/subsection
mod = modified	sch = schedule
No = number	sdiv = subdivision
notfd = notified	sub = substituted
o = order	SL  = Subordinate Law
om = omitted/repealed	sp = spent
orig = original	underlining = whole or part not commenced

1. Legislation history

   The Bookmakers Regulations 1985 were originally made under the Bookmakers Ordinance 1985 (now the Bookmakers Act 1985). The Bookmakers Regulations 1985 were originally the Bookmakers Regulations. They were renamed by SL 2001 No 16 (see reg 3).

   Legislation before self-government

Legislation	Year and number	Gazette notification	Commencement
Bookmakers Regulations	1985 No 24	19 Sept 1985	19 Sept 1985
Magistrates Court Ordinance 1985	Ordinance 1985 No 67	19 Dec 1985	1 Feb 1986 (see Gaz 1986 No G3 p 265)
Bookmakers Regulations (Amendment)	1986 No 21	11 Sept 1986	11 Sept 1986
Legislation after self-government
Magistrates and Coroner’s Courts (Registrar) Act 1991	Act 1991 No 44	20 Sept 1991	ss 1 and 2:  20 Sep 1991 remainder (ss 3-9):  25 Sep 1991 (see Gaz 1991 No S103 p 3)
Bookmakers Regulations (Amendment)	1994 No 25	1 July 1994	1 July 1994
1997 No 1	10 Feb 1997	10 Feb 1997
Bookmakers Regulations Amendment	2001 No 16	14 June 2001	14 June 2001

1. Amendment history

   reg 1........................... sub 2001 No 16 reg 3

   reg 3........................... am 1986 No 21

   reg 4........................... am Act 1985 No 67; Act 1991 No 44

   reg 5A hdg................. am 2001 No 16 reg 4

   reg 5A......................... ins 1994 No 25

   am 1997 No 1; 2001 No 16 reg 5, reg 6

   reg 5B......................... ins 1994 No 25

   om 1997 No 1

1. Earlier republications

Republication No	Amendments to	Republication date
(1)	Act 1991 No 44	30 September 1991
(2)	SL 1994 No 25	31 January 1995
(3)	SL 1997 No 1	30 April 1998

©  Australian Capital Territory 2001

The Copyright Act 1968 (Cwlth) permits certain reproduction and publication of this legislation. For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.