Race and Sports Bookmaking Act 2001 (ACT)
Race and Sports Bookmaking Act 2001
A2001-49
Republication No 19
Effective: 12 May 2022
Republication date: 12 May 2022
Last amendment made by A2022‑8
About this republication
The republished law
This is a republication of the Race and Sports Bookmaking Act 2001 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 12 May 2022. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 12 May 2022.
The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.
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 the Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).
Race and Sports Bookmaking Act 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
4AOffences against Act—application of Criminal Code etc 3
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.1 General
4B Meaning of security guarantee for a race bookmaking licence 4
5 Unauthorised race bookmaking 4
Division 2.2 Race bookmaking licences
6 Application for race bookmaking licence 5
7 Race bookmaking licence—issue or refusal 5
8 Conditions of race bookmaking licence 8
9 Race bookmaking licence—entry of particulars in register 9
10 Term of race bookmaking licence 9
10A Race bookmaking licence—application for renewal 9
10B Race bookmaking licence—decision on renewal 10
11 Surrender of race bookmaking licence 12
Division 2.3 Race bookmaker’s agent licences
12 Application for race bookmaker’s agent licence 12
13 Race bookmaker’s agent licence—issue or refusal 13
14 Conditions of race bookmaker’s agent licence 15
15 Race bookmaker’s agent licence—entry of particulars in register etc 16
16 Term of race bookmaker’s agent licence 17
16A Race bookmaker’s agent licence—application for renewal 17
16B Race bookmaker’s agent licence—decision on renewal 18
17 Surrender of race bookmaker’s agent licence 20
18 Effect of cancellation, surrender or suspension of race bookmaking licence on agent licence 20
Part 3 Sports bookmaking
Division 3.1 General
19 Engage in sports bookmaking without licence 21
20 Determination of sports bookmaking events 21
21 Determination of sports bookmaking venues 22
22 Directions for operation of sports bookmaking venues 22
23 Rules for sports bookmaking 22
Division 3.2 Sports bookmaking licences
23A Prohibition of issue of licences in certain cases 23
24 Maximum number of sports bookmaking licences etc 23
25 Application for sports bookmaking licence 24
26 Issue or refusal of sports bookmaking licence 25
27 Conditions of sports bookmaking licence 26
28 Sports bookmaking licence—entry of particulars in register 27
29 Period for which sports bookmaking licence may be issued 28
30 Duration of sports bookmaking licence 28
31 Surrender of sports bookmaking licence 28
Division 3.3 Sports bookmaker’s agent licences
34 Application for sports bookmaker’s agent licence 29
35 Issue or refusal of sports bookmaker’s agent licence 29
36 Conditions of sports bookmaker’s agent licence 30
37 Sports bookmaker’s agent licence—entry of particulars in register etc 32
38 Term of sports bookmaker’s agent licence 32
39 Surrender of sports bookmaker’s agent licence 32
40 Effect of cancellation, surrender or suspension of sports bookmaking licence on agent licence 33
Part 4 Licences generally
41 Commission’s powers in considering applications 34
42 Costs of considering and deciding applications 35
44 Replacement of licences 36
45 Cancellation of licence on death of licensee or dissolution etc of corporation 37
46 Disclosure of information by commission in some cases 37
Part 5 Race bookmaking at sports bookmaking venues
47 Designation of sports bookmaking venues etc 39
48 Application for approval for sports bookmaking venue 39
49 Issue or refusal of approval for sports bookmaking venue 40
50 Conditions of approval for sports bookmaking venue 42
51 Duration of approval for sports bookmaking venue 43
52 Surrender of approval for sports bookmaking venue 43
53 Effect of cancellation, surrender or suspension of race bookmaking licence on approval 43
54 Application of pt 4 44
Part 6 Betting disputes, directions and codes of practice
Division 6.1 Betting disputes generally
55 How disputes about bets may be resolved 45
Division 6.2 Betting disputes referred to commission
56 Definitions for div 6.2 46
57 Referral of betting disputes to commission 46
58 Backer to give information about disputed bet 47
59 Bookmaker or agent to give information about disputed bet 48
60 Commission’s directions about disputed bets 49
61 Compliance with direction about disputed bet 49
Division 6.3 Directions and codes of practice
62 Commission’s directions about conduct of licensee’s operations 50
63 Codes of practice 51
Part 7 Taxation
64 Tax on bookmaking 52
65 Determination of tax rates etc 53
66 Returns for tax 54
Part 8 Disciplinary provisions
67 Power to hold inquiry 55
68 Mandatory cancellation of licence 56
69 Discretionary penalties 59
70 Notice of disciplinary action 62
71 Directions to remedy matter 63
72 Ending of suspension of licence 64
Part 9 Offences
72A Betting by or on behalf of child 65
73 Restrictions on race bookmakers and sports bookmakers 66
73A Bookmakers—unauthorised bookmaking 68
74 Unsigned licences—race bookmakers and race bookmaker’s agents 69
75 Telephone betting by race bookmaker or race bookmaker’s agent 69
76 Rules about telephone betting 69
77 Interference with prescribed equipment 70
78 Production of licences and specimen signatures 70
79 Racing club to give details of race bookmaking at race meetings 71
80 Sports bookmaker to tell commission about certain changes 71
81 Return of surrendered, cancelled or suspended licence 73
Part 10 Notification and review of decisions
82 Definitions—pt 10 74
82A Internal review notices 74
82B Applications to commission 74
83 Internal reviewer 75
83A Reconsideration by internal reviewer 75
83B Reviewable decision notices 76
84 Applications to ACAT 76
Part 11 Miscellaneous
85 Evidence of licences 77
87 Maintenance of prescribed equipment 77
88 Maintenance and control of telephone equipment 78
89 Commission to keep register 78
90 Security guarantee—determination of minimum amount 78
91 Amendment of security guarantee 79
92 Meaning of suitability requirements and security guarantee 80
93 Meaning of nominated person 82
94 Self-incrimination etc 82
96 Commission’s power to extend time 82
97 Determination of fees 83
98 Regulation-making power 83
Schedule 1 Internally reviewable decisions 84
Dictionary87
Endnotes
1 About the endnotes 93
2 Abbreviation key 93
3 Legislation history 94
4 Amendment history 97
5 Earlier republications 104
6 Expired transitional or validating provisions 106
Race and Sports Bookmaking Act 2001
An Act to regulate betting on races and other sports events, and for other purposes
Part 1Preliminary
Name of Act
This Act is the Race and Sports Bookmaking Act 2001.
Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1The dictionary at the end of this Act defines certain words and expressions used in this Act, and includes references (signpost definitions) to other words and expressions defined in other legislation.
For example, the signpost definition ‘authorised officer—see the Gambling and Racing Control Act 1999, section 20.’ means that the expression ‘authorised officer’ is defined in that section and the definition applies to this Act.
Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).
Notes
A note included in this Act is explanatory and is not part of this Act.
NoteSee Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
4AOffences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1Criminal Code
The Criminal Code, ch 2 applies to the following offences against this Act (see Code, pt 2.1):
· s 19 (Engage in sports bookmaking without licence)
· s 72A (Betting by or on behalf of child)
· s 73A (Bookmakers—unauthorised bookmaking).
The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).
Note 2Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.
Part 2Race bookmakers and race bookmaker’s agents
Division 2.1 General
4BMeaning of security guarantee for a race bookmaking licence
In this Act:
security guarantee, for a person who applies for, or holds, a race bookmaking licence, means 1 or more documents that satisfy the commission about the person’s ability to cover the person’s race bookmaking losses to the amount applying to the person under a determination under section 90 (Security guarantee—determination of minimum amount).
Unauthorised race bookmaking
(1)A person must not engage in race bookmaking except as permitted under subsection (2).
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)A person may engage in race bookmaking if—
(a)the person holds a race bookmaking licence; or
(b)the person holds a race bookmaker’s agent licence and is acting for the race bookmaker who applied for the licence.
(3)For subsection (1), a sports bookmaker does not engage in race bookmaking only because the bookmaker receives or negotiates bets on races that are sports betting events.
Division 2.2 Race bookmaking licences
Application for race bookmaking licence
(1)An individual may apply to the commission for a race bookmaking licence.
Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms), the form must be used.
(2)The application must include consent to a police officer checking the applicant’s criminal record and reporting the results of the check to the commission.
(3)The commission must not decide the application until the commission has received and considered a police report, authorised under subsection (2), about the applicant.
Race bookmaking licence—issue or refusal
(1)This section applies if the commission receives an application for a race bookmaking licence.
(2)The commission may issue the licence to the applicant if—
(a)the applicant—
(i)has not been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—
(A)involving fraud or dishonesty; or
(B)against a law about gaming; and
(ii)has not been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year; and
(iii)has not been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year; and
(iv)does not owe an amount that has become payable by the applicant to the commission or the Territory under this Act or another gaming law; and
(v)if the commission has determined a minimum amount for security guarantees for race bookmaking licences under section 90 (Security guarantee—determination of minimum amount)—
(A)has given an undertaking acceptable to the commission to provide a security guarantee on issue of the licence; and
(B)has demonstrated, to the commission’s satisfaction, the ability to provide a security guarantee on issue of the licence; and
NoteSecurity guarantee, for a race bookmaking licence—see s 4B.
(b)the commission believes on reasonable grounds that the applicant is likely to be able to pay bets.
(3)In deciding whether an applicant is likely to be able to pay bets, the commission may consider any business or financial matters about the applicant that the commission considers appropriate.
(4)If the commission is not satisfied about a matter mentioned in subsection (2), the commission must give a written notice to the applicant that states—
(a)each matter about which the commission is not satisfied; and
(b)the applicant’s rights under subsection (5).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(5)The applicant may make written representations, or oral representations personally or by an authorised representative, to the commission about a matter stated in the notice within the period of 14 days after the day the applicant is given the notice or any longer period allowed by the commission (the representation period).
(6)After giving the notice under subsection (4), the commission must—
(a)take into account—
(i)any representations made by the applicant within the representation period; and
(ii)any other relevant information available to the commission; and
(b)either—
(i)if the commission is satisfied about each matter stated in the notice—issue a race bookmaking licence to the applicant; or
(ii)if the commission is not satisfied about each matter stated in the notice—refuse to issue the race bookmaking licence to the applicant.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse to issue a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(7)However, despite subsection (6) (b) (ii), the commission may issue a race bookmaking licence to the applicant if satisfied that—
(a)the racing industry would not be adversely affected if the licence were issued; and
(b)it is otherwise in the public interest for the licence to be issued.
Conditions of race bookmaking licence
(1)A race bookmaking licence may be issued subject to any conditions that the commission considers appropriate—
(a)for the proper conduct of race bookmaking; or
(b)otherwise in the public interest.
(2)The commission may, by written notice to the holder of a race bookmaking licence (the licensee), change the conditions to which the licence is subject (other than the condition applying under subsection (6)) if the commission considers it appropriate to do so—
(a)for the proper conduct of race bookmaking; or
(b)otherwise in the public interest.
NoteUnder pt 10 (Notification and review of decisions), a decision to issue a licence subject to a condition, or change a licence condition, may, on application, be reconsidered by the commission and reviewed by the ACAT.
(3)The change takes effect—
(a)on the operative day; or
(b)if a later day of effect is stated in the notice—on that later day.
NoteFor the meaning of operative day, see dict.
(4)If the licensee receives a notice under subsection (2), the licensee must not fail, without reasonable excuse, to return the licence to the commission within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
(5)If the licensee returns the licence to the commission, the commission must, as soon as practicable—
(a)amend the licence in an appropriate way and return it to the licensee; or
(b)if the commission does not consider it practicable to amend the licence—issue an appropriate replacement licence to the licensee.
(6)It is a condition of a race bookmaking licence that the licensee must comply with any notice under section 91 (Amendment of security guarantee) given to the licensee.
Race bookmaking licence—entry of particulars in register
If the commission issues a race bookmaking licence to a person, the commission—
(a)must enter in the register any particulars required under the regulations; and
(b)may enter in the register any other particulars that the commission considers appropriate.
Term of race bookmaking licence
A race bookmaking licence is issued for the period of not more than 3 years stated in the licence.
10ARace bookmaking licence—application for renewal
(1)A race bookmaker may apply to the commission to renew their race bookmaking licence for a period not longer than 3 years.
Note 1If a form is approved under the Gambling and Racing Control Act 1999, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 97 for this provision.
(2)The application must—
(a)be in writing; and
(b)include consent to a police officer checking the applicant’s criminal record and reporting the results of the check to the commission; and
(c)be received by the commission at least 30 days before the day the licence expires.
(3)However, the commission may extend the time for making an application.
NoteA race bookmaking licensee may apply to the commission for the time to be extended, and the commission may extend the time, even though the time has ended (see Legislation Act, s 151C).
(4)If a race bookmaker applies to renew the licence under this section, the licence remains in force until the application is decided.
10BRace bookmaking licence—decision on renewal
(1)This section applies if the commission receives an application for renewal of a race bookmaking licence under section 10A.
(2)The commission must not decide the application until the commission has received and considered a police report, authorised under section 10A (2) (b), about the race bookmaker.
(3)The commission may renew the licence if—
(a)the race bookmaker—
(i)has not been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—
(A)involving fraud or dishonesty; or
(B)against a law about gaming; and
(ii)has not been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year; and
(iii)has not been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year; and
(iv)does not owe an amount that has become payable by the race bookmaker to the commission or the Territory under this Act or another gaming law; and
(v)if the commission has determined a minimum amount for security guarantees for race bookmaking licences under section 90 (Security guarantee—determination of minimum amount)—has provided a security guarantee; and
NoteSecurity guarantee, for a race bookmaking licence—see s 4B.
(b)the commission believes on reasonable grounds that the race bookmaker is likely to be able to pay bets.
(4)If the commission is not satisfied about a matter mentioned in subsection (3), the commission must give a written notice to the race bookmaker that states—
(a)each matter about which the commission is not satisfied; and
(b)the race bookmaker’s rights under subsection (5).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(5)The race bookmaker may make written representations, or oral representations personally or by an authorised representative, to the commission about a matter stated in the notice within the period of 14 days after the day the race bookmaker is given the notice or any longer period allowed by the commission (the representation period).
(6)After giving the notice under subsection (4), the commission must—
(a)take into account—
(i)any representations made by the race bookmaker within the representation period; and
(ii)any other relevant information available to the commission; and
(b)either—
(i)if the commission is satisfied about each matter stated in the notice—renew the race bookmaking licence; or
(ii)if the commission is not satisfied about each matter stated in the notice—refuse to renew the race bookmaking licence.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse to renew a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(7)However, despite subsection (6) (b) (ii), the commission may renew a race bookmaking licence if satisfied that—
(a)the racing industry would not be adversely affected if the licence were renewed; and
(b)it is otherwise in the public interest that the licence be renewed.
Surrender of race bookmaking licence
(1)A race bookmaker may surrender the licence by written notice to the commission.
(2)The surrender of a race bookmaking licence takes effect when the commission receives the notice of surrender or, if a later date of effect is stated in the notice, on that date.
Division 2.3 Race bookmaker’s agent licences
Application for race bookmaker’s agent licence
(1)A race bookmaker may apply to the commission for a race bookmaker’s agent licence for a nominated person.
Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms), the form must be used.
(2)The application must not nominate more than 1 person.
(3)The application must include an authorisation, signed by the nominated person, consenting to—
(a)being nominated in the application; and
(b)a police officer checking the nominated person’s criminal record and reporting the results of the check to the commission.
(4)The commission must not decide the application until the commission has received and considered a police report, authorised under subsection (3) (b), about the nominated person.
Race bookmaker’s agent licence—issue or refusal
(1)This section applies if the commission receives an application for a race bookmaker’s agent licence for a nominated person.
(2)The commission may issue the licence to the nominated person if the nominated person—
(a)has not been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—
(i)involving fraud or dishonesty; or
(ii)against a law about gaming; and
(b)has not been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year; and
(c)has not been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year; and
(d)does not owe an amount that has become payable by the nominated person to the commission or the Territory under this Act or another gaming law.
(3)If the commission is not satisfied about a matter mentioned in subsection (2), the commission must give a written notice to the race bookmaker that states—
(a)each matter about which the commission is not satisfied; and
(b)the race bookmaker’s rights under subsection (4).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(4)The race bookmaker may make written representations, or oral representations personally or by an authorised representative, to the commission about a matter stated in the notice within the period of 14 days after the day the race bookmaker is given the notice or any longer period allowed by the commission (the representation period).
(5)After giving the notice under subsection (3), the commission must—
(a)take into account—
(i)any representations made by the race bookmaker within the representation period; and
(ii)any other relevant information available to the commission; and
(b)either—
(i)if the commission is satisfied about each matter stated in the notice—issue a race bookmaker’s agent licence to the nominated person; or
(ii)if the commission is not satisfied about each matter stated in the notice—refuse to issue a race bookmaker’s agent licence to the nominated person.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse to issue a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(6)However, despite subsection (5) (b) (ii), the commission may issue a race bookmaker’s agent licence to the nominated person if satisfied that—
(a)the racing industry would not be adversely affected if the commission issued the licence; and
(b)it is otherwise in the public interest that the commission issue the licence.
Conditions of race bookmaker’s agent licence
(1)A race bookmaker’s agent licence may be issued subject to any conditions that the commission considers appropriate—
(a)for the proper conduct of race bookmaking; or
(b)otherwise in the public interest.
(2)The commission may, by written notice to the holder of a race bookmaker’s agent licence (the licensee), change the conditions to which the licence is subject if the commission considers it appropriate to do so—
(a)for the proper conduct of race bookmaking; or
(b)otherwise in the public interest.
NoteUnder pt 10 (Notification and review of decisions), a decision to issue a licence subject to a condition, or change a licence condition, may, on application, be reconsidered by the commission and reviewed by the ACAT.
(3)The change takes effect—
(a)on the operative day; or
(b)if a later day of effect is stated in the notice—on that later day.
NoteFor the meaning of operative day, see dict.
(4)If the licensee receives a notice under subsection (2), the licensee must not fail, without reasonable excuse, to return the licence to the commission within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
(5)If the licensee returns the licence to the commission, the commission must, as soon as practicable—
(a)amend the licence in an appropriate way and return it to the licensee; or
(b)if the commission does not consider it practicable to amend the licence—issue an appropriate replacement licence to the licensee.
(6)If the commission—
(a)issues a race bookmaker’s agent licence subject to a condition; or
(b)changes a condition of a race bookmaker’s agent licence;
the commission must, as soon as practicable, give written notice to the race bookmaker who applied for the licence of the condition or change of condition.
Race bookmaker’s agent licence—entry of particulars in register etc
If the commission issues a race bookmaker’s agent licence to a person, the commission—
(a)must enter in the register any particulars required under the regulations; and
(b)may enter in the register any other particulars that the commission considers appropriate; and
(c)must give a copy of the licence to the applicant for the licence.
Term of race bookmaker’s agent licence
A race bookmaker’s agent licence is issued for the period of not more than 3 years stated in the licence.
16ARace bookmaker’s agent licence—application for renewal
(1)This section applies if—
(a)a race bookmaker has an agent; and
(b)the agent holds a race bookmaker’s agent licence.
(2)The race bookmaker may apply to the commission to renew the agent’s race bookmaker’s agent licence for a period not longer than 3 years.
Note 1If a form is approved under the Gambling and Racing Control Act 1999, s 53D for an application, the form must be used.
Note 2A fee may be determined under s 97 for this provision.
(3)The application must—
(a)be in writing; and
(b)include consent to a police officer checking the race bookmaker’s agent’s criminal record and reporting the results of the check to the commission; and
(c)be received by the commission at least 30 days before the day the licence expires.
(4)However, the commission may extend the time for making an application.
NoteA race bookmaker may apply to the commission for the time to be extended, and the commission may extend the time, even though the time has ended (see Legislation Act, s 151C).
(5)If a race bookmaker applies to renew the licence under this section, the licence remains in force until the application is decided.
16BRace bookmaker’s agent licence—decision on renewal
(1)This section applies if the commission receives an application for renewal of a race bookmaker’s agent licence under section 16A.
(2)The commission must not decide the application until the commission has received and considered a police report, authorised under section 16A (3) (b), about the race bookmaker’s agent.
(3)The commission may renew the licence if the race bookmaker’s agent—
(a)has not been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—
(i)involving fraud or dishonesty; or
(ii)against a law about gaming; and
(b)has not been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year; and
(c)has not been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year; and
(d)does not owe an amount that has become payable by the race bookmaker’s agent to the commission or the Territory under this Act or another gaming law.
(4)If the commission is not satisfied about a matter mentioned in subsection (3), the commission must give a written notice to the race bookmaker that states—
(a)each matter about which the commission is not satisfied; and
(b)the race bookmaker’s agent’s rights under subsection (5).
NoteFor how documents may be given, see the Legislation Act, pt 19.5.
(5)The race bookmaker may make written representations, or oral representations personally or by an authorised representative, to the commission about a matter stated in the notice within the period of 14 days after the day the race bookmaker’s agent is given the notice or any longer period allowed by the commission (the representation period).
(6)After giving the notice under subsection (4), the commission must—
(a)take into account—
(i)any representations made by the race bookmaker’s agent within the representation period; and
(ii)any other relevant information available to the commission; and
(b)either—
(i)if the commission is satisfied about each matter stated in the notice—renew the race bookmaker’s agent licence; or
(ii)if the commission is not satisfied about each matter stated in the notice—refuse to renew the race bookmaker’s agent licence.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse to renew a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(7)However, despite subsection (6) (b) (ii), the commission may renew a race bookmaker’s agent licence if satisfied that—
(a)the racing industry would not be adversely affected if the licence were renewed; and
(b)it is otherwise in the public interest that the licence be renewed.
Surrender of race bookmaker’s agent licence
(1)The holder of a race bookmaker’s agent licence may surrender the licence by written notice to the commission.
(2)The surrender of a race bookmaker’s agent licence takes effect when the commission receives the notice of surrender or, if a later date of effect is stated in the notice, on that date.
(3)If a licence is surrendered under this section, the commission must give to the applicant for the licence written notice of the surrender.
Effect of cancellation, surrender or suspension of race bookmaking licence on agent licence
(1)If a race bookmaking licence is cancelled or surrendered, the commission must cancel any race bookmaker’s agent licence issued on the application of the former holder of the race bookmaking licence.
(2)If a race bookmaking licence is suspended, the commission must suspend, until the end of the suspension of the race bookmaking licence, any race bookmaker’s agent licence issued on the application of the holder of the race bookmaking licence.
(3)If a race bookmaker’s agent licence is cancelled or suspended under this section, the commission must give written notice of the cancellation or suspension to—
(a)the holder of the race bookmaker’s agent licence; and
(b)if practicable, the holder or former holder of the race bookmaking licence.
(4)If a race bookmaking licence is reinstated (by the commission or the ACAT) after cancellation, any race bookmaker’s agent licence cancelled under subsection (1) because of the cancellation must be reinstated by the commission.
Part 3Sports bookmaking
Division 3.1 General
Engage in sports bookmaking without licence
(1)A person commits an offence if the person engages in sports bookmaking.
Maximum penalty: 50 penalty units, imprisonment for 6 months or both.
(2)Subsection (1) does not apply if the person—
(a)is a sports bookmaker; or
(b)is acting in the course of the person’s duties as a director, officer or employee of a sports bookmaker; or
(c)is a sports bookmaker’s agent acting for the sports bookmaker who applied for their licence.
NoteThe defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).
(3)For subsection (1), a race bookmaker does not engage in sports bookmaking only because the race bookmaker receives or negotiates bets on, or in relation to, sports betting events that are races.
Determination of sports bookmaking events
(1)The commission may, in writing, determine a sporting or other event to be a sports bookmaking event for this Act.
(2)A determination under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Determination of sports bookmaking venues
(1)The commission may, in writing, determine a place to be a sports bookmaking venue.
(2)A determination under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Directions for operation of sports bookmaking venues
(1)The commission may give written directions for the operation of a sports bookmaking venue.
(2)A direction under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Rules for sports bookmaking
(1)The commission may, in writing, determine rules for sports bookmaking.
(2)In particular, rules for sports bookmaking may make provision about—
(a)minimum bets; and
(b)methods of betting, including arrangements for the use of telecommunications equipment; and
(c)requirements for the giving of security for liability to backers for long-term bets; and
(d)requirements for record keeping by sports bookmakers; and
(e)audit requirements for sports bookmakers.
(3)A determination under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Division 3.2 Sports bookmaking licences
23AProhibition of issue of licences in certain cases
(1)The commission must not issue a sports bookmaking licence, or sports bookmaker’s agent licence, to a person if the application for the licence is not made in accordance with this Act.
(2)The commission must not issue a sports bookmaking licence, or sports bookmaker’s agent licence, to a person if a fee payable for the licence, or any other amount payable by the person to the commission or the Territory under this Act or another gaming law, remains unpaid after it has become payable.
(3)If the commission refuses, under this section, to issue a licence, the commission must give written notice of the refusal to the applicant for the licence.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse to issue a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
Maximum number of sports bookmaking licences etc
(1)The Minister may, in writing, determine the maximum number of sports bookmaking licences that may be issued by the commission.
(2)The commission must not issue a sports bookmaking licence if the issue of the licence would contravene a determination under this section.
(3)A determination under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Application for sports bookmaking licence
(1)A corporation may apply to the commission for a sports bookmaking licence.
(2)The application must—
(a)be in writing; and
(b)state the name and business address of the corporation; and
(c)state the period for which the licence is sought; and
(d)include a suitability authorisation for each director of the corporation; and
(e)if required under subsection (3)—include a suitability authorisation for any influential shareholder of the corporation; and
(f)be approved by each director of the corporation; and
(g)include anything else prescribed by regulation.
(3)The commission may, in writing, require the corporation to provide a suitability authorisation for an influential shareholder of the corporation.
(4)The commission must not decide the application until the commission has received and considered a police report about the corporation’s directors and any influential shareholder for whom a suitability authorisation has been required under subsection (3).
(5)In this section:
suitability authorisation, for a person, means a written authorisation by the person authorising a police officer to make inquiries, and make a written report to the commission, about the character, and any criminal record, of the person.
Issue or refusal of sports bookmaking licence
(1)This section applies if the commission receives a licence application from a corporation under section 25.
(2)The commission must issue a sports bookmaking licence to the corporation if satisfied that the corporation and each director of the corporation meets the suitability requirements.
NoteSuitability requirements—see s 92.
(3)Despite subsection (2), the commission may refuse to issue a sports bookmaking licence to a corporation if the commission believes on reasonable grounds that an influential shareholder of the corporation does not meet the suitability requirements.
(4)If the commission is not satisfied that the corporation or a director of the corporation meets the suitability requirements, or decides under subsection (3) not to issue a licence to a corporation, the commission must give a written notice to the applicant that states—
(a)each matter about which the commission is not satisfied, or the reason for the decision under subsection (3); and
(b)the applicant’s rights under subsection (5).
(5)The applicant may make written representations, or oral representations by an authorised representative, to the commission about a matter stated in the notice within 14 days after the applicant is given the notice or any longer period allowed by the commission.
(6)After giving the notice, the commission must—
(a)take into account—
(i)any representations made by the applicant within the 14 day period or any longer period allowed by the commission; and
(ii)any other relevant information available to the commission; and
(b)if the commission is satisfied about each matter stated in the notice—issue a sports bookmaking licence to the applicant.
(7)If the commission is not satisfied about each of those matters, the commission must refuse to issue a sports bookmaking licence to the applicant.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse to issue a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(8)This section is subject to—
(a)section 23A (Prohibition of issue of licences in certain cases); and
(b)section 24 (2) (Maximum number of sports bookmaking licences etc).
Conditions of sports bookmaking licence
(1)A sports bookmaking licence may be issued subject to any conditions that the commission considers appropriate—
(a)for the proper conduct of sports bookmaking; or
(b)otherwise in the public interest.
(2)The commission may, by written notice to a sports bookmaker (the licensee), change the conditions to which the licence is subject (other than the condition applying under subsection (6)) if the commission considers it appropriate to do so—
(a)for the proper conduct of sports bookmaking; or
(b)otherwise in the public interest.
NoteUnder pt 10 (Notification and review of decisions), a decision to issue a licence subject to a condition, or change a licence condition, may, on application, be reconsidered by the commission and reviewed by the ACAT.
(3)The change takes effect—
(a)on the operative day; or
(b)if a later day of effect is stated in the notice—on that later day.
NoteFor the meaning of operative day, see dict.
(4)If the licensee receives a notice under subsection (2), the licensee must not fail, without reasonable excuse, to return the licence to the commission within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
(5)If the licensee returns the licence to the commission, the commission must, as soon as practicable—
(a)amend the licence in an appropriate way and return it to the licensee; or
(b)if the commission does not consider it practicable to amend the licence—issue an appropriate replacement licence to the licensee.
(6)It is a condition of a sports bookmaking licence that the licensee must comply with any notice under section 91 (Amendment of security guarantee) given to the licensee.
Sports bookmaking licence—entry of particulars in register
If the commission issues a sports bookmaking licence to a corporation, the commission—
(a)must enter in the register any particulars required under the regulations; and
(b)may enter in the register any other particulars that the commission considers appropriate.
Period for which sports bookmaking licence may be issued
(1)The Minister may, in writing, determine criteria for deciding the period for which sports bookmaking licences may be issued.
(2)A determination under this section is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(3)In deciding the period for which a particular sports bookmaking licence is to be issued, the commission must comply with any criteria determined under subsection (1).
Duration of sports bookmaking licence
The commission must state in a sports bookmaking licence the period for which the licence is issued. The period should generally be 15 years, except where the applicant has specified a shorter period, or the commission is of the opinion that a shorter period should apply.
NoteUnder pt 10 (Notification and review of decisions), a decision to issue a licence for a shorter period than applied for may, on application, be reconsidered by the commission and reviewed by the ACAT.
Surrender of sports bookmaking licence
(1)A sports bookmaker may surrender their licence by written notice to the commission.
(2)The surrender of a sports bookmaking licence takes effect when the commission receives the notice of surrender or, if a later date of effect is stated in the notice, on that date.
Division 3.3 Sports bookmaker’s agent licences
Application for sports bookmaker’s agent licence
(1)A sports bookmaker may apply to the commission for a sports bookmaker’s agent licence for a nominated person.
Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms), the form must be used.
(2)The application must not nominate more than 1 person.
(3)The application must contain, or be accompanied by, an authorisation, signed by the nominated person, for—
(a)the person to be nominated in the application; and
(b)a police officer to make inquiries, and make a written report to the commission, about the character, and any criminal record, of the nominated person.
(4)The commission must not decide the application until the commission has received and considered a police report, authorised under subsection (3), about the nominated person.
Issue or refusal of sports bookmaker’s agent licence
(1)If a sports bookmaker applies to the commission for a sports bookmaker’s agent licence for a nominated person and, after considering the application, the commission is satisfied that the nominated person meets the suitability requirements, the commission must issue a sports bookmaker’s agent licence to the nominated person.
(2)If the commission is not satisfied that the nominated person meets the suitability requirements, the commission must give a written notice to the applicant that states—
(a)each matter about which the commission is not satisfied; and
(b)the applicant’s rights under subsection (3).
(3)The applicant may make written representations, or oral representations personally or by an authorised representative, to the commission about a matter stated in the notice within 14 days after the applicant is given the notice or any longer period allowed by the commission.
(4)After giving the notice, the commission must—
(a)take into account—
(i)any representations made by the applicant within the 14 day period or any longer period allowed by the commission; and
(ii)any other relevant information available to the commission; and
(b)if the commission is satisfied about each matter stated in the notice—issue a sports bookmaker’s agent licence to the nominated person.
(5)If the commission is not satisfied about each of those matters, the commission must refuse to issue a sports bookmaker’s agent licence to the nominated person.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse to issue a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(6)This section is subject to section 23A (Prohibition of issue of licences in certain cases).
Conditions of sports bookmaker’s agent licence
(1)A sports bookmaker’s agent licence may be issued subject to any conditions that the commission considers appropriate—
(a)for the proper conduct of sports bookmaking; or
(b)otherwise in the public interest.
(2)The commission may, by written notice to the holder of a sports bookmaker’s agent licence (the licensee), change the conditions to which the licence is subject if the commission considers it appropriate to do so—
(a)for the proper conduct of sports bookmaking; or
(b)otherwise in the public interest.
NoteUnder pt 10 (Notification and review of decisions), a decision to issue a licence subject to a condition, or change a licence condition, may, on application, be reconsidered by the commission and reviewed by the ACAT.
(3)The change takes effect—
(a)on the operative day; or
(b)if a later day of effect is stated in the notice—on that later day.
NoteFor the meaning of operative day, see dict.
(4)If the licensee receives a notice under subsection (2), the licensee must not fail, without reasonable excuse, to return the licence to the commission within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
(5)If the licensee returns the licence to the commission, the commission must, as soon as practicable—
(a)amend the licence in an appropriate way and return it to the licensee; or
(b)if the commission does not consider it practicable to amend the licence—issue an appropriate replacement licence to the licensee.
(6)If the commission—
(a)issues a sports bookmaker’s agent licence subject to a condition; or
(b)changes a condition of a sports bookmaker’s agent licence;
the commission must, as soon as practicable, give written notice to the sports bookmaker who applied for the licence of the condition or change of condition.
Sports bookmaker’s agent licence—entry of particulars in register etc
If the commission issues a sports bookmaker’s agent licence to a person, the commission—
(a)must enter in the register any particulars required under the regulations; and
(b)may enter in the register any other particulars that the commission considers appropriate; and
(c)must give a copy of the licence to the applicant for the licence.
Term of sports bookmaker’s agent licence
A sports bookmaker’s agent licence is issued for the period of not more than 3 years stated in the licence.
Surrender of sports bookmaker’s agent licence
(1)The holder of a sports bookmaker’s agent licence may surrender the licence by written notice to the commission.
(2)The surrender of a sports bookmaker’s agent licence takes effect when the commission receives the notice of surrender or, if a later date of effect is stated in the notice, on that date.
(3)If a licence is surrendered under this section, the commission must give to the applicant for the licence written notice of the surrender.
Effect of cancellation, surrender or suspension of sports bookmaking licence on agent licence
(1)If a sports bookmaking licence is cancelled or surrendered, the commission must cancel any sports bookmaker’s agent licence issued on the application of the former sports bookmaker.
(2)If a sports bookmaking licence is suspended, the commission must suspend, until the end of the suspension of the sports bookmaking licence, any sports bookmaker’s agent licence issued on the application of the sports bookmaker.
(3)If a sports bookmaker’s agent licence is cancelled or suspended under this section, the commission must give written notice of the cancellation or suspension to—
(a)the holder of the sports bookmaker’s agent licence; and
(b)if practicable, the sports bookmaker or former sports bookmaker.
(4)If a sports bookmaking licence is reinstated (by the commission or the ACAT) after cancellation, any sports bookmaker’s agent licence cancelled under subsection (1) because of the cancellation must be reinstated by the commission.
Part 4Licences generally
Commission’s powers in considering applications
(1)This section applies if the commission receives an application for a licence or renewal of a licence.
(2)In deciding whether to issue or renew the licence, the commission may—
(a)make any inquiries that it considers appropriate; and
(b)by written notice, ask a relevant person to provide it with—
(i)any information likely to be relevant to the application that is within the person’s knowledge or ability to obtain; or
(ii)any document likely to be relevant to the application that is within the person’s custody or control.
(3)If a person fails to comply with a notice given to the person under subsection (2) (b), the commission is not required to consider the application unless satisfied that the person has a reasonable excuse for the failure and that it is reasonably practicable to consider the application.
NoteUnder pt 10 (Notification and review of decisions), a decision not to consider an application for a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(4)In this section:
relevant person means—
(a)for an application for any kind of licence—the applicant; and
(b)for an application for a race bookmaker’s agent licence or a sports bookmaker’s agent licence—the person nominated in the application; and
(c)for an application for renewal of a race bookmaking licence—the race bookmaker; and
(d)for an application for renewal of a race bookmaker’s agent licence—the race bookmaker’s agent.
Costs of considering and deciding applications
(1)The commission must decide, for each application, the commission’s costs of considering and deciding the application.
NoteUnder pt 10 (Notification and review of decisions), a decision about costs may, on application, be reconsidered by the commission and reviewed by the ACAT.
(2)For subsection (1), the commission may—
(a)estimate the expected amount of costs; and
(b)make decisions from time to time.
(3)Each time the commission decides an amount it must give a written notice to the applicant that—
(a)states the amount; and
(b)requires the applicant to pay the amount to the commission within 14 days after the applicant is given the notice or any longer period allowed by the commission.
(4)If the total paid by the applicant at any time exceeds the actual costs, the commission must repay the difference (the excess amount).
(5)However, if the commission expects to incur further costs in relation to the application, the commission must—
(a)estimate the further costs (the estimated amount); and
(b)repay the amount (if any) by which the excess amount exceeds the estimated amount.
(6)When no more costs are likely to be incurred, the commission must—
(a)if the total paid by the applicant, less any amounts already repaid, (the net total paid) exceeds the actual costs—repay the difference; or
(b)if the actual costs exceed the net total paid—by written notice require the applicant to pay the difference to the commission within 14 days after the applicant is given the notice or any longer period allowed by the commission.
(7)An amount not paid by the applicant in accordance with a notice under this section is a debt owing by the applicant to the commission.
(8)In this section:
costs, in relation to an application, includes any expenses or disbursements reasonably incurred by the commission in considering and deciding the application.
Replacement of licences
(1)The commission may issue a replacement licence if—
(a)the licensee applies to the commission for a replacement licence; and
(b)the licence has not been suspended or cancelled; and
(c)the commission is satisfied that the licence has been lost, stolen or destroyed, or damaged in a way that justifies its replacement.
Note 1If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms), the form must be used.
Note 2Under pt 10 (Notification and review of decisions), a decision not to issue a replacement licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(2)The commission’s power under this section is additional to any other power of the commission under this Act to issue a replacement licence.
Cancellation of licence on death of licensee or dissolution etc of corporation
(1)The commission must cancel a licence that is held—
(a)by an individual if the individual dies; or
(b)by a corporation if the corporation is wound up or dissolved.
(2)If the commission is satisfied that a licence was cancelled under this section in error, the commission must reissue the licence.
NoteUnder pt 10 (Notification and review of decisions), a decision not to reissue a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.
(3)However, the commission need not reissue a licence under subsection (2) if the commission is satisfied that, if the licence had not been cancelled under this section—
(a)the licence would, for any reason, no longer be in force; or
(b)the commission would, under another provision of this Act—
(i)be required to cancel the licence; or
(ii)have grounds for cancelling, and would exercise the power to cancel, the licence.
Disclosure of information by commission in some cases
(1)If a licence is issued, suspended or cancelled, or the suspension of the licence is ended, the commission may tell anyone about the matter if, in the commission’s opinion, it is in the public interest to do so.
(2)Information given under subsection (1) may include the name and address of the licensee.
(3)A regulation may require the commission to give information (including the name and address of the licensee) to an entity prescribed under the regulation about the issue, suspension, cancellation, or the ending of the suspension, of a licence.
(4)A civil or criminal action, or other proceeding (whether in a court or the ACAT), does not lie against the commission, or a member, officer or employee of the commission, merely because of the disclosure of information in accordance with this section or the regulations.
(5)This section applies despite any other Territory law.
Part 5Race bookmaking at sports bookmaking venues
Designation of sports bookmaking venues etc
(1)The commission may, in writing, designate a sports bookmaking venue as a venue where race bookmaking by approved race bookmakers may be carried on.
NoteAn approval for a race bookmaker or race bookmaker’s agent to engage in race bookmaking at a sports bookmaking venue may only be given if the venue has been designated under this section (see s 49 (1)). It is an offence for a race bookmaker or race bookmaker’s agent to engage in race bookmaking at a sports bookmaking venue unless the race bookmaker holds an approval in relation to the venue (see s 73 (1) and (2)).
(2)A designation may state the maximum number of race bookmakers that may be accommodated at the designated venue.
(3)A designation is a notifiable instrument.
NoteA notifiable instrument must be notified under the Legislation Act.
Application for approval for sports bookmaking venue
(1)A race bookmaker may apply to the commission for approval to engage in race bookmaking at a designated sports bookmaking venue.
Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms), the form must be used.
(2)If an amount is determined under section 90 (Security guarantee—determination of minimum amount), in relation to the designated sports bookmaking venue, for a security guarantee, the applicant must meet any requirement of the commission in relation to the provision of the security guarantee.
NoteFor the meaning of security guarantee in relation to an approval under this section, see s 92 (5).
Issue or refusal of approval for sports bookmaking venue
(1)If a race bookmaker applies to the commission for an approval to engage in race bookmaking at a designated sports bookmaking venue and, after considering the application, the commission is satisfied that the applicant meets the requirement stated in section 48 (2), the commission must issue an approval to the applicant in relation to the venue.
(2)However, if the number of approvals already in force (including any suspended approvals) for the sports bookmaking venue equals the number of places stated under section 47 (2) (Designation of sports bookmaking venues etc) in relation to the venue, the commission—
(a)must refuse the application on the ground that no place is available at the venue; and
(b)must tell the applicant, in writing, the reason for the refusal; and
(c)may subsequently issue an approval to the applicant if a place, for which the applicant has priority over later applicants for an approval in relation to the venue, becomes available at the venue.
(3)If the commission is not satisfied that the applicant meets the requirement, the commission must give a written notice to the applicant that states—
(a)that the commission is not satisfied that the applicant meets the requirement stated in section 48 (2); and
(b)the applicant’s rights under subsection (4).
(4)The applicant may make written representations, or oral representations personally or by an authorised representative, to the commission about a matter stated in the notice within 14 days after the applicant is given the notice or any longer period allowed by the commission.
(5)After giving the notice, the commission must—
(a)take into account—
(i)any representations made by the applicant within the 14 day period or any longer period allowed by the commission; and
(ii)any other relevant information available to the commission; and
(b)if the commission is satisfied about each matter stated in the notice—issue an approval to the applicant.
(6)If the commission is not satisfied about each of those matters, the commission must refuse to issue an approval to the applicant.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse an approval may, on application, be reconsidered by the commission and reviewed by the ACAT.
(7)On the application of a race bookmaker who holds an approval in relation to a sports bookmaking venue, the commission may, in writing, authorise the race bookmaker to field at the venue—
(a)on stated days; or
(b)during stated periods; or
(c)for a stated event or series of events.
NoteUnder pt 10 (Notification and review of decisions), a decision to refuse an authorisation may, on application, be reconsidered by the commission and reviewed by the ACAT.
(8)An approval or authorisation in relation to a sports bookmaking venue does not give a right of entry to, or a right to remain on, any part of the premises of the venue.
Conditions of approval for sports bookmaking venue
(1)An approval under section 49 (Issue or refusal of approval for sports bookmaking venue) may be issued subject to any conditions that the commission considers appropriate—
(a)for the proper conduct of race bookmaking at the sports bookmaking venue to which the approval relates; or
(b)otherwise in the public interest.
(2)The commission may, by written notice to the holder of an approval (the race bookmaker), change the conditions to which the approval is subject (other than the condition applying under subsection (4)) if the commission considers it appropriate to do so—
(a)for the proper conduct of race bookmaking at the sports bookmaking venue to which the approval relates; or
(b)otherwise in the public interest.
NoteUnder pt 10 (Notification and review of decisions), a decision to issue an approval subject to a condition, or change an approval condition, may, on application, be reconsidered by the commission and reviewed by the ACAT.
(3)The change takes effect—
(a)on the operative day; or
(b)if a later day of effect is stated in the notice—on that later day.
NoteFor the meaning of operative day, see dict.
(4)It is a condition of an approval in relation to a sports bookmaking venue at the Canberra racecourse that race bookmaking must not be carried on at the venue when a race meeting is being held at the racecourse.
Duration of approval for sports bookmaking venue
The commission must state in an approval issued under section 49 (Issue or refusal of approval for sports bookmaking venue) the period for which the approval is issued.
NoteUnder pt 10 (Notification and review of decisions), a decision to issue an approval for a shorter period than applied for may, on application, be reconsidered by the commission and reviewed by the ACAT.
Surrender of approval for sports bookmaking venue
(1)A race bookmaker may, by written notice to the commission, surrender an approval under section 49 (Issue or refusal of approval for sports bookmaking venue).
(2)The surrender of an approval takes effect when the commission receives the notice of surrender or, if a later date of effect is stated in the notice, on that date.
Effect of cancellation, surrender or suspension of race bookmaking licence on approval
(1)If a race bookmaking licence is cancelled or surrendered, the commission must cancel any approval issued under section 49 (Issue or refusal of approval for sports bookmaking venue) to the race bookmaker.
(2)If a race bookmaking licence is suspended, the commission must suspend, until the end of the suspension of the race bookmaking licence, any approval issued under that section to the race bookmaker.
(3)Despite subsection (2), the commission may cancel the approval instead of suspending it if—
(a)the number of approvals already in force under section 49 for a designated sports bookmaking venue equals the number of places stated under section 47 (2) (Designation of sports bookmaking venues etc) in relation to the venue; and
(b)there is at least 1 other person who is eligible under section 49 (2) (c) to be issued an approval under section 49 in relation to the venue; and
(c)the commission considers, having regard to the circumstances leading to, and the period of, the suspension, it would be unreasonable not to cancel the approval and issue an approval in relation to the venue to someone else.
Application of pt 4
Part 4 (Licences generally) applies to an approval (including an application for, and issue or refusal of, an approval) under this part as if—
(a)a reference to an application for a licence were a reference to an application for an approval; and
(b)a reference to a licence were a reference to an approval.
Part 6Betting disputes, directions and codes of practice
Division 6.1 Betting disputes generally
How disputes about bets may be resolved
(1)This section applies to a dispute between a backer who claims not to have been paid, or to have been underpaid, for a bet made with a race bookmaker or a sports bookmaker.
(2)If the backer or race bookmaker dies, this division and division 6.2 apply, as nearly as practicable, to the personal representatives of the dead person as they would have applied to that person if still alive.
(3)A dispute about a bet made with a race bookmaker at a race meeting may be resolved in accordance with the rules of the racing club that held the race meeting.
(4)If, in a relation to a dispute mentioned in subsection (3), an amount is held under the rules of the racing club to be payable by a race bookmaker to a backer, civil proceedings may be brought to recover the amount, if unpaid, from the race bookmaker.
(5)Subsection (4) applies despite any other Territory law.
(6)A backer may refer a dispute about a bet made with a sports bookmaker, or with a race bookmaker at a sports bookmaking venue, to the commission for resolution under division 6.2.
Note If a form is approved under the Gambling and Racing Control Act 1999, s 53D (Approved forms), the form must be used.
Division 6.2 Betting disputes referred to commission
Definitions for div 6.2
In this division:
agent, of a bookmaker, means—
(a)for a race bookmaker—a person who holds a race bookmaker’s agent licence that the race bookmaker applied for; or
(b)for a sports bookmaker—a person who holds a sports bookmaker’s agent licence that the sports bookmaker applied for.
betting dispute means a dispute about a bet made with—
(a)a sports bookmaker; or
(b)a race bookmaker at a sports bookmaking venue.
bookmaker means—
(a)in relation to a dispute about a bet made with a race bookmaker at a sports bookmaking venue—a race bookmaker; or
(b)a sports bookmaker.
Referral of betting disputes to commission
(1)If a backer refers a betting dispute with a bookmaker to the commission, the commission must give a written notice of the referral to the bookmaker, unless the commission rejects the referral under subsection (2) or section 58 (3) (Backer to give information about disputed bet).
(2)If a backer refers the dispute to the commission later than 28 days after completion of the event on which the bet was made, the commission must reject the referral by a written notice to the backer that states the reason for the rejection.
(3)However, the commission may accept the referral out of time if there are exceptional circumstances that, in the commission’s opinion, excuse the delay in referring the dispute to the commission.
NoteUnder pt 10 (Notification and review of decisions), a decision not to accept a referral out of time may, on application, be reconsidered by the commission and reviewed by the ACAT.
Backer to give information about disputed bet
(1)If a backer refers a betting dispute to the commission, the commission may, by written notice, require the backer to give the commission stated information that the commission reasonably requires about the dispute within 14 days after the backer is given the notice or any longer period allowed by the commission.
NoteFor how documents may be given, see Legislation Act, pt 19.5.
(2)The notice must include a statement to the effect that the referral may be rejected if the backer fails to comply with the notice within the 14 day period or any longer period allowed by the commission.
(3)If the backer fails to give the required information to the commission within the 14 day period or any longer period allowed by the commission, the commission may reject the referral by a written notice to the backer that states the reason for the rejection.
NoteUnder pt 10 (Notification and review of decisions), a decision to reject a referral may, on application, be reconsidered by the commission and reviewed by the ACAT.
(4)The notice must also include a statement to the effect that the backer may make written representations to the commission about the betting dispute within 14 days or any longer period allowed by the commission.
Bookmaker or agent to give information about disputed bet
(1)If a backer refers a betting dispute to the commission, the commission may, by written notice, require the bookmaker, or bookmaker’s agent, to give the commission stated information about the dispute within 14 days after the licensee is given the notice or any longer period allowed by the commission.
(2)If the notice is given to the agent, the commission must give a copy of the notice to the bookmaker.
(3)The notice must include a statement to the effect that disciplinary action, which may involve cancellation or suspension of the licence, may be taken against the bookmaker and, if the notice is given to an agent, the agent, if the notice is not complied with within 14 days or any longer period allowed by the commission.
NoteFor disciplinary powers for noncompliance by the licensee, see pt 8.
(4)The notice must also include a statement to the effect that the bookmaker or bookmaker’s agent may make written representations to the commission about the betting dispute within 14 days or any longer period allowed by the commission.
(5)The person to whom the notice is given must give the information stated in the notice to the commission within 14 days or any longer period allowed by the commission.
(6)If the notice is given to the bookmaker’s agent and a copy of it is given to the bookmaker, the bookmaker must ensure that the information stated in the notice is given to the commission (by the agent or the bookmaker) within 14 days or any longer period allowed by the commission.
Commission’s directions about disputed bets
(1)On referral of a betting dispute to the commission, the commission must give a written direction about the dispute as soon as practicable.
NoteUnder pt 10 (Notification and review of decisions), a decision to give a direction may, on application, be reconsidered by the commission and reviewed by the ACAT.
(2)However, the commission must not give the direction until it has taken into account any representations made in accordance with the statement mentioned in section 58 (4) or 59 (4).
(3)The direction must be signed by the chief executive officer and state that, in relation to the dispute, the bookmaker—
(a)owes to the backer the amount stated in the direction; or
(b)does not owe any amount to the backer.
(4)The commission must give the backer and the bookmaker a copy of the direction and a statement of the reasons for the direction.
(5)In a proceeding or arbitration between the backer and the bookmaker about the disputed bet, a direction that appears to be signed by the chief executive officer—
(a)may be tendered in evidence without being proved; and
(b)must be accepted as proof of the matters stated in it if there is no evidence to the contrary.
Compliance with direction about disputed bet
(1)If the commission gives a direction to a bookmaker under section 60 (3) (a) (Commission’s directions about disputed bets), the bookmaker must pay the backer the amount stated in the direction within 28 days after the bookmaker receives the direction, unless subsection (2) or (3) applies.
(2)If the bookmaker applies to the commission under section 82B (Applications to commission) for reconsideration of the decision to issue the direction, and the amount is confirmed or varied, the bookmaker must pay the confirmed or varied amount within 28 days after the day the bookmaker receives notice under section 83B (Reviewable decision notices).
(3)If the bookmaker applies to the ACAT under section 84 (Applications to ACAT), the ACAT may, on application by the bookmaker, direct that the bookmaker need not pay the amount, or a stated part of the amount, until—
(a)a stated date; or
(b)further direction by the ACAT.
(4)If the ACAT confirms or varies the amount, the bookmaker must pay any unpaid part of the confirmed or varied amount within 28 days after the day the bookmaker receives notice of the ACAT’s decision, or any other period directed by the ACAT.
(5)Despite any other Territory law, civil proceedings may be brought to recover an amount, if unpaid, that is payable under this section.
Division 6.3 Directions and codes of practice
Commission’s directions about conduct of licensee’s operations
(1)The commission may give written directions to the holder of a licence (the licensee) about how the licensee is to conduct the licensee’s operations as the holder of the licence.
NoteUnder pt 10 (Notification and review of decisions), a decision to give a direction may, on application, be reconsidered by the commission and reviewed by the ACAT.
(2)The directions must not be inconsistent with—
(a)this Act or any other Territory law; or
(b)a condition of the licence.
(3)The licensee must comply with the directions.
Codes of practice
The holder of a licence of a particular kind must comply with the requirements of a code of practice to the extent that it relates to holders of a licence of that kind.
NoteFor the meaning of code of practice, see dict.
Part 7Taxation
Tax on bookmaking
(1)Tax is imposed, at the rate determined under section 65 (1) (Determination of tax rates etc) for a period, on the amount of a race bookmaker’s turnover in the period.
(2)Tax is imposed, at the rate determined under section 65 (2) for a period, on the amount of a sports bookmaker’s turnover in the period.
(3)For this section, the following provisions apply:
(a)the amount of turnover of a race bookmaker or sports bookmaker (the bookmaker) for a period is the total of the amounts paid or promised to the bookmaker as consideration for bets completed during the period, reduced by the total of the amounts of bet backs made by the bookmaker in the period;
(b)a bet is taken to be completed—
(i)for a bet, other than a telephone bet, with a race bookmaker—when the bookmaker issues a numbered betting ticket for the bet; or
(ii)for a telephone bet with a race bookmaker—when the bet is confirmed in accordance with rules approved under section 76 (1) (Rules about telephone betting); or
(iii)for a bet with a sports bookmaker—when the bet is confirmed in accordance with directions given under section 22 (Directions for operation of sports bookmaking venues) or the rules for sports bookmaking.
(c)a bet is taken to be paid or promised to the bookmaker if it is paid or promised to a race bookmaker’s agent, or a sports bookmaker’s agent, as the agent of the bookmaker;
(d)a bet back is taken to be made by the bookmaker if it is made by a race bookmaker’s agent, or a sports bookmaker’s agent, as the agent of the bookmaker.
NoteUnder the Gambling and Racing Control Act 1999, s 48, the provisions of the Taxation Administration Act 1999 (other than pt 9) apply, with modifications, to gaming laws (including this Act). For the provisions relating to objections and appeals in taxation matters (including assessments), see the Taxation Administration Act 1999, pt 10, and sch 1 and sch 2.
Commission’s power to extend time
A power of the commission to extend the time for doing something required or permitted to be done under this Act may be exercised by the commission before or after the time expires.
Determination of fees
(1)The Minister may, in writing, determine fees for this Act.
NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).
(2)A determination is a disallowable instrument.
NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.
Regulation-making power
(1)The Executive may make regulations for this Act.
NoteRegulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.
(2)The regulations may make provision for or in relation to—
(a)the information that may be supplied by telephone by a race bookmaker engaging in race bookmaking; and
(b)the keeping of records by race bookmakers and sports bookmakers; and
(c)matters to be stated on licences.
(3)The regulations may also prescribe offences for contraventions of the regulations and may also prescribe maximum penalties of not more than 10 penalty units for offences against the regulations or against the rules for sports bookmaking.
Schedule 1Internally reviewable decisions
(see pt 10)
| column 1 item | column 2 section | column 3 decision | column 4 entity |
| 1 | 7 (6) | refuse to issue race bookmaking licence | applicant for race bookmaking licence |
| 2 | 8 (1) | issue race bookmaking licence subject to condition | applicant for race bookmaking licence |
| 3 | 8 (2) | change race bookmaking licence condition | race bookmaker |
| 4 | 10B (6) | refuse to renew race bookmaking licence | race bookmaker |
| 5 | 13 (5) | refuse to issue race bookmaker’s agent licence | race bookmaker |
| 6 | 14 (1) | issue race bookmaker’s agent licence subject to condition | race bookmaker |
| 7 | 14 (2) | change race bookmaker’s agent licence condition | race bookmaker |
| 8 | 16B (6) | refuse to renew race bookmaker’s agent’s licence | race bookmaker |
| 9 | 23A | refuse to issue sports bookmaking licence | sports bookmaker |
| 10 | 23A | refuse to issue sports bookmaker’s agent’s licence | sports bookmaker |
| 11 | 26 (7) | refuse to issue sports bookmaking licence | applicant for sports bookmaking licence |
| 12 | 27 (1) | issue sports bookmaking licence subject to condition | applicant for sports bookmaking licence |
| 13 | 27 (2) | change sports bookmaking licence condition | sports bookmaker |
| 14 | 30 | issue sports bookmaking licence for shorter period than applied for | applicant for sports bookmaking licence |
| 15 | 35 (5) | refuse to issue sports bookmaker’s agent licence | sports bookmaker |
| 16 | 36 (1) | issue sports bookmaker’s agent licence subject to condition | sports bookmaker |
| 17 | 36 (2) | change sports bookmaker’s agent licence condition | sports bookmaker |
| 18 | 41 (2) | not to consider application for licence | applicant for licence |
| 19 | 41 (2) | not to consider application for renewal of licence | licensee |
| 20 | 42 | about costs of application | applicant for licence |
| 21 | 44 | not to issue replacement licence | licensee |
| 22 | 45 (2) | not to reissue licence | licensee |
| 23 | 49 (6) | refuse to issue approval | applicant for approval |
| 24 | 49 (7) | refuse authorisation | approval holder |
| 25 | 50 (1) | issue approval subject to condition | applicant for approval |
| 26 | 50 (2) | change approval condition | approval holder |
| 27 | 51 | issue approval for shorter period than applied for | applicant for approval |
| 28 | 57 (3) | not to accept referral out of time | backer making referral |
| 29 | 58 (3) | reject referral | backer making referral |
| 30 | 60 (1) or 62 (1) | give direction | entity to whom direction given |
| 31 | 68 (1) | cancel licence | entity whose licence cancelled |
| 32 | 68 (8) or 69 (1) | take disciplinary action | licensee |
| 33 | 72 (1) or (2) | not to end licence suspension | licensee |
| 34 | 91 (2) | amend, or not amend, nature or amount of security guarantee | bookmaker whose security guarantee affected |
Dictionary
(see s 3)
Note 1The Legislation Act contains definitions and other provisions relevant to this Act.
Note 2In particular, the Legislation Act, dict, pt 1, defines the following terms:
· ACAT
·contravene
·corporation
·fail
·found guilty
·gambling and racing commission
·individual
·person (see s 160)
·reviewable decision notice.
agent, for division 6.2 (Betting disputes referred to commission)—see section 56.
application, for a licence, includes an application for renewal of a licence.
authorised officer—see the Gambling and Racing Control Act 1999, section 20.
bet means any stake, pledge or wager in money between 2 people on any event or contingency relating to—
(a)a race; or
(b)a sports bookmaking event.
bet back, in relation to a race bookmaker or sports bookmaker (the bookmaker), means a bet by the bookmaker on 1 or more runners in a race if the bet is made with the objective of offsetting completely or partly the bookmaker’s liability for bets made with the bookmaker on the runner, or runners, in the race.
betting dispute, for division 6.2 (Betting disputes referred to commission)—see section 56.
bookmaker, for division 6.2 (Betting disputes referred to commission)—see section 56.
chief executive officer means the chief executive officer of the gambling and racing commission.
code of practice means a code of practice prescribed under the regulations under the Gambling and Racing Control Act 1999.
commission means the gambling and racing commission.
corporation includes an entity that is, in relation to the corporation, a related body corporate (as defined in the Corporations Act, section 9).
corresponding law means a State law regulating bookmaking or any similar activity.
designated sports bookmaking venue means a sports bookmaking venue designated by the commission under section 47 (Designation of sports bookmaking venues etc).
gaming law means a law mentioned in the Gambling and Racing Control Act 1999, section 4.
influential shareholder, of a corporation, means a person who—
(a)solely or with others, owns or has a beneficial interest in 5% or more of—
(i)the voting shares in the corporation; or
(ii)if the corporation has more than 1 class of shares—the voting shares in at least 1 of the classes; or
(b)can control or influence the way voting rights are exercised in relation to 5% or more of—
(i)the voting shares in the corporation; or
(ii)if the corporation has more than 1 class of shares—the voting shares in at least 1 of the classes; or
(c)solely or with others, owns or has a beneficial interest in voting shares (the owned shares) in the corporation and can control or influence the way voting rights are exercised in relation to other voting shares (the non-owned shares) in the corporation, if—
(i)the total of the owned shares and the non-owned shares is 5% or more of the voting shares in the corporation; or
(ii)the total of the owned shares and the non-owned shares in a particular class of shares is 5% or more of the voting shares in the class.
internally reviewable decision, for part 10 (Notification and review of decisions)—see section 82.
internal reviewer, for part 10 (Notification and review of decisions)—see section 83.
internal review notice, for part 10 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).
licence means any of the following licences:
(a)a race bookmaking licence;
(b)a race bookmaker’s agent licence;
(c)a sports bookmaking licence;
(d)a sports bookmaker’s agent licence.
nominated person—see section 93 (Meaning of nominated person).
operative day, for a change of the conditions of a licence, means the day after—
(a)if written notice of the change is delivered to the licensee or to the last-known address of the licensee—the day when the notice is delivered; or
(b)if written notice of the change is posted to the licensee at the last-known address of the licensee—the day when the notice would be delivered in the ordinary course of post.
proprietary company—see the Corporations Act, section 9.
race means—
(a)any of the following, whether conducted within or outside the ACT:
(i)a thoroughbred race;
(ii)a harness race; or
(b)a greyhound race conducted outside the ACT; or
(c)a race of a kind prescribed by regulation.
race bookmaker means a person who holds a race bookmaking licence.
race bookmaker’s agent means a person who holds a race bookmaker’s agent licence.
race bookmaking—
(a)means the carrying on (whether regularly or on 1 or more occasions) of the business of receiving or negotiating bets on races; but
(b)does not include conducting a totalisator.
race meeting means a meeting held to conduct races (even if other events are also held at the meeting).
racing club means a corporation that promotes or controls horse racing or dog racing, or that holds race meetings.
register means the register kept under section 89 (Commission to keep register).
reviewable decision, for part 10 (Notification and review of decisions)—see section 82.
rules for sports bookmaking means the rules determined under section 23 (Rules for sports bookmaking).
security guarantee—
(a)for a person who applies for, or holds, a race bookmaking licence—see section 4B; or
(b)for a corporation that applies for, or holds, a sports bookmaking licence—see section 92 (3); or
(c)for a person who applies for an approval in relation to a designated sports bookmaking venue under section 49 (Issue or refusal of approval for sports bookmaking venue)—see section 92 (4).
sports bet means a bet on, or in relation to, a sports bookmaking event.
sports bookmaker means a corporation that holds a sports bookmaking licence.
sports bookmaker’s agent means a person who holds a sports bookmaker’s agent licence.
sports bookmaking—
(a)means the carrying on (whether regularly or on 1 or more occasions) of the business of receiving or negotiating sports bets; but
(b)does not include conducting a totalisator.
sports bookmaking event means a sporting or other event determined under section 20 (Determination of sports bookmaking events) to be a sports bookmaking event for this Act.
sports bookmaking venue means a place determined by the commission under section 21 (Determination of sports bookmaking venues).
suitability requirements—see section 92 (Meaning of suitability requirements and security guarantee).
voting share, for the definition of influential shareholder—see the Corporations Act, section 9.
Endnotes
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 Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history.
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.
Abbreviation key
A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired
Legislation history
Race and Sports Bookmaking Act 2001 A2001‑49
notified 12 July 2001 (Gaz 2001 No 28)
s 1, s 2 commenced 12 July 2001 (IA s 10B)
remainder commenced 7 September 2001 (s 2 and Gaz 2001 No S68)as modified by
Race and Sports Bookmaking Regulations 2001 No 31
notified 7 September 2001 (Gaz 2001 No S68)
commenced 7 September 2001 (reg 2)as amended by
Legislation Amendment Act 2002 A2002‑11 pt 2.41
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.41 commenced 28 May 2002 (s 2 (1))Statute Law Amendment Act 2002 A2002‑30 pt 3.58
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.58 commenced 17 September 2002 (s 2 (1))Criminal Code 2002 No 51 pt 1.16
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 1.16 commenced 1 January 2003 (s 2 (1))Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.20
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.20 commenced 19 December 2003 (s 2)Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.46
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))sch 3 pt 3.46 commenced 26 August 2008 (s 2)
ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.85
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.85 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)Unlawful Gambling Act 2009 A2009-39 sch 2 pt 2.6
notified LR 17 November 2009
s 1, s 2 commenced 17 November 2009 (LA s 75 (1))
sch 2 pt 2.6 commenced 22 March 2010 (s 2 and CN2010-2)Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.128
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))sch 1 pt 1.128 commenced 1 July 2011 (s 2 (1))
Race and Sports Bookmaking (Validation of Licences) Amendment Act 2011 A2011-53
notified LR 12 December 2011
s 1, s 2 commenced 12 December 2011 (LA s 75 (1))remainder commenced 13 December 2011 (s 2)
Totalisator Act 2014 A2014-4 sch 2 pt 2.3
notified LR 26 March 2014
s 1, s 2 commenced 26 March 2014 (LA s 75 (1))sch 2 pt 2.3 commenced 27 March 2014 (s 2)
Red Tape Reduction Legislation Amendment Act 2014 A2014‑47 pt 11
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))pt 11 commenced 7 November 2014 (s 2)
Justice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.6
notified LR 29 February 2016
s 1, s 2 commenced 29 February 2016 (LA s 75 (1))
sch 1 pt 1.6 commenced 29 August 2016 (s 2 and LA s 79)Gaming and Racing (Red Tape Reduction) Legislation Amendment Act 2016 A2016-45 pt 4
notified LR 19 August 2016
s 1, s 2 commenced 19 August 2016 (LA s 75 (1))pt 4 commenced 1 September 2016 (s 2 (1))
Racing (Greyhounds) Amendment Act 2017 A2017-43 sch 1 pt 1.1
notified LR 5 December 2017
s 1, s 2 commenced 5 December 2017 (LA s 75 (1))
sch 1 pt 1.1 commenced 30 April 2018 (s 2)Fair Trading and Other Justice Legislation Amendment Act 2022 A2022-8 pt 6
notified LR 11 May 2022
s 1, s 2 commenced 11 May 2022 (LA s 75 (1))
pt 6 commenced 12 May 2022 (s 2 (1))Amendment history
Commencement
s 2om R1 (LA s 89 (4))
Offences against Act—application of Criminal Code etc
s 4Ains A2009‑39 amdt 2.9
am A2022-8 s 177
Meaning of security guarantee for a race bookmaking licence
s 4Bins A2016‑45 s 36
Application for race bookmaking licence
s 6am A2016‑45 s 37
Race bookmaking licence—issue or refusal
s 7am A2002‑30 amdt 3.637; A2008‑37 amdt 1.368
sub A2016‑45 s 38
Conditions of race bookmaking licence
s 8am A2008‑37 amdt 1.369
Term of race bookmaking licence
s 10am A2008‑37 amdt 1.370
sub A2014‑47 s 16
Race bookmaking licence—application for renewal
s 10Ains A2016‑45 s 39
Race bookmaking licence—decision on renewal
s 10Bins A2016‑45 s 39
Application for race bookmaker’s agent licence
s 12am A2016‑45 s 40, s 41
Race bookmaker’s agent licence—issue or refusal
s 13am A2008‑37 amdt 1.371
sub A2016‑45 s 42
Conditions of race bookmaker’s agent licence
s 14am A2008‑37 amdt 1.372
Term of race bookmaker’s agent licence
s 16am A2008‑37 amdt 1.373
sub A2014‑47 s 17
Race bookmaker’s agent licence—application for renewal
s 16Ains A2016‑45 s 43
Race bookmaker’s agent licence—decision on renewal
s 16Bins A2016‑45 s 43
Effect of cancellation, surrender or suspension of race bookmaking licence on agent licence
s 18am A2008‑37 amdt 1.374
Engage in sports bookmaking without licence
s 19sub A2022-8 s 178
Prohibition of issue of licences in certain cases
s 23Ains A2016‑45 s 44
Maximum number of sports bookmaking licences etc
s 24am A2022-8 s 179
Application for sports bookmaking licence
s 25sub A2022-8 s 180
Issue or refusal of sports bookmaking licence
s 26am A2008‑37 amdt 1.375; A2016‑45 s 45; A2022-8 ss 181-184
Conditions of sports bookmaking licence
s 27am A2008‑37 amdt 1.376; A2022-8 s 185
Sports bookmaking licence—entry of particulars in register
s 28am A2022-8 s 186
Duration of sports bookmaking licence
s 30am A2008‑37 amdt 1.377
Surrender of sports bookmaking licence
s 31am A2022-8 s 187
Syndicates—liability of members for amounts payable etc
s 32om A2022-8 s 188
Syndicates—notices by commission
s 33om A2022-8 s 188
Issue or refusal of sports bookmaker’s agent licence
s 35am A2008‑37 amdt 1.378; A2016‑45 s 46
Conditions of sports bookmaker’s agent licence
s 36am A2008‑37 amdt 1.379
Term of sports bookmaker’s agent licence
s 38am A2008‑37 amdt 1.380
sub A2014‑47 s 18
Effect of cancellation, surrender or suspension of sports bookmaking licence on agent licence
s 40am A2008‑37 amdt 1.381; A2022-8 s 189, s 190
Commission’s powers in considering applications
s 41am A2008‑37 amdt 1.382; A2016‑45 ss 47-49; ss renum R16 LA
Costs of considering and deciding applications
s 42am A2008‑37 amdt 1.383
Prohibition of issue of licences in certain cases
s 43am A2008‑37 amdt 1.384
om A2016‑45 s 50
Replacement of licences
s 44am A2008‑37 amdt 1.385
Cancellation of licence on death of licensee or dissolution etc of corporation
s 45 hdgsub A2022-8 s 191
s 45am A2008‑37 amdt 1.386; A2022-8 s 192; pars renum R19 LA
Disclosure of information by commission in some cases
s 46am A2008‑37 amdt 1.387
Issue or refusal of approval for sports bookmaking venue
s 49am A2008‑37 amdt 1.388, amdt 1.389
Conditions of approval for sports bookmaking venue
s 50am A2008‑37 amdt 1.390
Duration of approval for sports bookmaking venue
s 51am A2008‑37 amdt 1.391
How disputes about bets may be resolved
s 55am A2022-8 s 193, s 194
Referral of betting disputes to commission
s 57am A2008‑37 amdt 1.392
Backer to give information about disputed bet
s 58am A2002‑30 amdt 3.63; A2008‑37 amdt 1.393
Commission’s directions about disputed bets
s 60am A2008‑37 amdt 1.394; A2011‑22 amdt 1.367
Compliance with direction about disputed bet
s 61am A2008‑37 amdt 1.395
Commission’s directions about conduct of licensee’s operations
s 62am A2008‑37 amdt 1.396
Mandatory cancellation of licence
s 68am A2008‑37 amdt 1.397, amdt 1.398; A2016‑45 s 51, s 52; ss renum R16 LA; A2022-8 s 195
Discretionary penalties
s 69am A2008‑37 amdt 1.399; A2022-8 s 196, s 197
Ending of suspension of licence
s 72am A2008‑37 amdt 1.400
Betting by or on behalf of child
s 72Ains A2009‑39 amdt 2.10
am A2016‑7 amdt 1.12
Restrictions on race bookmakers and sports bookmakers
s 73am A2009‑39 amdt 2.11, amdt 2.12
Bookmakers—unauthorised bookmaking
s 73Ains A2009‑39 amdt 2.13
Unsigned licences—race bookmakers and race bookmaker’s agents
s 74am A2022-8 s 198
Sports bookmaker to tell commission about certain changes
s 80 hdgsub A2022-8 s 199
s 80am A2022-8 ss 200-202
Notification and review of decisions
pt 10 hdgsub A2008‑37 amdt 1.401
Definitions—pt 10
s 82def internally reviewable decision ins A2008‑37 amdt 1.401
def internal reviewer ins A2008‑37 amdt 1.401
def internal review notice ins A2008‑37 amdt 1.401
def reviewable decision ins A2008‑37 amdt 1.401
Internal review notices
s 82Ains A2008‑37 amdt 1.401
Applications to commission
s 82Bins A2008‑37 amdt 1.401
Internal reviewer
s 83sub A2008‑37 amdt 1.401
Reconsideration by internal reviewer
s 83Ains A2008‑37 amdt 1.401
Reviewable decision notices
s 83Bins A2008‑37 amdt 1.401
Applications to ACAT
s 84sub A2008‑37 amdt 1.401
Evidence of licences
s 85am A2008‑37 amdt 1.402; A2011‑22 amdt 1.368; A2022-8 s 203
Application of this Act if licence is held by syndicate
s 86om A2022-8 s 204
Security guarantee—determination of minimum amount
s 90am A2016‑45 s 53
Amendment of security guarantee
s 91am A2008‑37 amdt 1.403; A2016‑45 s 54
Meaning of suitability requirements and security guarantee
s 92am A2016‑45 ss 55-62; ss and pars renum R17 LA; A2022-8 s 205, s 206
Self-incrimination etc
s 94am A2002‑51 amdt 1.34
Legal professional privilege
s 95om A2002‑11 amdt 2.86
Determination of fees
s 97am A2002‑30 amdt 3.638
Regulation-making power
s 98am A2002‑30 amdt 3.639
Temporary provisions
pt 12 hdgom R4 LA
Transitional—general
s 99exp 7 March 2002 (s 99 (6))
Transitional—certain existing licences
s 99Ains as mod SL2001‑31 reg 9 (exp 7 March 2002)
Transitional—review of decisions about disputed claims
s 99Bins as mod SL2001‑31 reg 9 (exp 7 September 2002)
Transitional—regulations
s 100exp 7 September 2002 (s 100 (5))
Transitional—modification of s 99
s 101exp 7 September 2002 (s 101 (2) and see A2002‑30 amdt 3.640)
Repeals
s 102om R1 (LA s 89 (3))
Amendments
s 103om R1 (LA s 89 (3))
Validation of Bookmakers Act licences
pt 20 hdgins A2011‑53 s 4
exp 13 December 2011 ( s 202)
Definitions—pt 20
s 200ins A2011‑53 s 4
exp 13 December 2011 ( s 202)
def former part 12 ins A2011‑53 s 4
exp 13 December 2011 ( s 202)
def former section 99 (3) ins A2011‑53 s 4
exp 13 December 2011 ( s 202)
def modifying regulation ins A2011‑53 s 4
exp 13 December 2011 ( s 202)
def relevant period ins A2011‑53 s 4
exp 13 December 2011 ( s 202)
def repealed Act ins A2011‑53 s 4
exp 13 December 2011 ( s 202)
Bookmakers Act licences—validation
s 201ins A2011‑53 s 4
exp 13 December 2011 ( s 202)
Expiry—pt 20
s 202ins A2011‑53 s 4
exp 13 December 2011 ( s 202)
Internally reviewable decisions
sch 1sub A2008‑37 amdt 1.404
am A2014‑47 s 19; A2016‑45 s 63; items renum R17 LA; A2022-8 s 207
Amendments of other Acts
sch 2om R1 (LA s 89 (3))
Dictionary
dictam A2002‑30 amdt 3.641; A2008‑37 amdt 1.405; A2011‑22 amdt 1.369; A2022-8 s 208
def agent ins A2008‑28 amdt 3.143
def betting dispute ins A2008‑28 amdt 3.143
def bookmaker ins A2008‑28 amdt 3.143
def chief executive om A2011‑22 amdt 1.370
def chief executive officer ins A2011‑22 amdt
def controlling body am A2003‑56 amdt 3.178
om A2017‑43 amdt 1.1
def internally reviewable decision ins A2008‑37 amdt 1.406
def internal reviewer ins A2008‑37 amdt 1.406
def internal review notice ins A2008‑37 amdt 1.406
def issue om A2016‑45 s 64
def licensee om A2022-8 s 209
def person om A2022-8 s 209
def primary decision om A2008‑37 amdt 1.407
def race sub A2017‑43 amdt 1.2
def race bookmaking sub A2014-4 amdt 2.8
def reviewable decision ins A2008‑37 amdt.1.408
def security guarantee sub A2016‑45 s 65
am A2022-8 s 210
def sports bookmaker sub A2022-8 s 211
def sports bookmaker’s agent ins A2022-8 s 212
def sports bookmaking sub A2014-4 amdt 2.9
Earlier republications
Some earlier republications were not numbered. The number in column 1 refers to the publication order.
Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical.
Republication No and date Effective Last amendment made by Republication for R1
24 Oct 20017 Sept 2001–
7 Mar 2002not amended new Act and modifications by SL2001‑31 R2
8 Mar 20028 Mar 2002–
27 May 2002not amended commenced expiry R3
31 May 200228 May 2002–
7 Sept 2002A2002‑11 amendments by A2002‑11 R4
9 Sept 20028 Sept 2002–
16 Sept 2002A2002‑11 commenced expiry R5
27 Sept 200217 Sept 2002–
31 Dec 2002A2002‑30 amendments by A2002‑30 R6
1 Jan 20031 Jan 2003–
18 Dec 2003A2002‑51 amendments by A2002‑51 R7
19 Dec 200319 Dec 2003–
25 Aug 2008A2003‑56 amendments by A2003‑56 R8
26 Aug 200826 Aug 2008–
1 Feb 2009A2008‑28 amendments by A2008‑28 R9
2 Feb 20092 Feb 2009–
21 Mar 2010A2008‑37 amendments by A2008‑37 R10
22 Mar 201022 Mar 2010–
30 June 2011A2009‑39 amendments by A2009‑39 R11
1 July 20111 July 2011–
12 Dec 2011A2011‑22 amendments by A2011‑22 R12
13 Dec 201113 Dec 2011–
13 Dec 2011A2011‑53 amendments by A2011‑53 R13
14 Dec 201114 Dec 2011–
26 Mar 2014A2011‑53 expiry of validation provision (pt 20) R14
27 Mar 201427 Mar 2014–
6 Nov 2014A2014‑4 amendments by A2014‑4 R15
7 Nov 20147 Nov 2014–
28 Aug 2016A2014‑47 amendments by A2014‑47 R16
29 Aug 201629 Aug 2016–
31 Aug 2016A2016‑7 amendments by A2016‑7 R17
1 Sept 20161 Sept 2016–
29 Apr 2018A2016‑45 amendments by A2016‑45 R18
30 Apr 201830 Apr 2018–
11 May 2022A2017‑43 amendments by A2017‑43
Expired transitional or validating provisions
This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).
Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.
To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act.
© Australian Capital Territory 2022
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