Race and Sports Bookmaking (Validation of Licences) Amendment Act 2011 (ACT)

Race and Sports Bookmaking (Validation of Licences) Amendment Act 2011

A2011-53

An Act to amend the Race and Sports Bookmaking Act 2001

The Legislative Assembly for the Australian Capital Territory enacts as follows:

1. Name of Act

   This Act is the Race and Sports Bookmaking (Validation of Licences) Amendment Act 2011.

2. Commencement

   This Act commences on the day after its notification day.

   NoteThe naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).

3. Legislation amended

   This Act amends the Race and Sports Bookmaking Act 2001.

4. New part 20

   insert

Part 20Validation of Bookmakers Act licences

1. Definitions—pt 20

   In this part:

   former part 12 means part 12 (Temporary provisions) as in force on 7 September 2001.

   former section 99 (3) means section 99 (3) as in force on 7 September 2001.

   modifying regulation means the Race and Sports Bookmaking Regulation 2001, section 9 (Modification of Act, pt 12—Act, s 100 (3)) as in force on 7 September 2001.

   relevant period means the period beginning on 8 September 2001 and ending on 30 June 2011.

   repealed Act means the Bookmakers Act 1985.

2. Bookmakers Act licences—validation

   (1)This section applies to a licence that was—

   (a)in force under the repealed Act immediately before it was repealed; and

   (b)taken, under former section 99 (3), to be an equivalent licence under this Act.

   NoteFormer s 99 (3) provided that an equivalent licence under this Act was—

   (a)for a bookmaker’s agent’s licence under the repealed Act—a race bookmaker’s agent licence; or

   (b)for a sports betting agent’s licence under the repealed Act—a sports bookmaker’s agent licence; or

   (c)for a sports betting licence under the repealed Act—a sports bookmaking licence; or

   (d)for a standing licence under the repealed Act—a race bookmaking licence.

   (2)Despite the modification of former part 12 by the modifying regulation—

   (a)if the licence was a standing licence, bookmaker’s agent’s licence or sports betting agent’s licence—the licence is taken to have continued in force for all purposes until the earlier of the following:

   (i)the day the licence would have ended if the repealed Act had not been repealed;

   (ii)the end of 7 March 2007; or

   (b)if the licence was a sports betting licence—the licence continues in force for all purposes until the end of 7 March 2017.

   (3)Without limiting subsection (2), and to remove any doubt—

   (a)anything done or omitted to be done, or purported to have been done or omitted to be done, by the commission in relation to the licence in the relevant period is taken to be, and always have been, validly done or omitted to be done; and

   (b)any return, document or information required to have been given, or any fee required to be paid, for or under the licence in the relevant period is taken to be given or paid as required.

   (4)This section does not operate to continue a licence in force beyond the date when it was surrendered or cancelled, or purported to be surrendered or cancelled, under this Act (other than under the modifying regulation).

3. Expiry—pt 20

   This part expires on the day it commences.

   NoteIf a law validates something that is or may otherwise be invalid, the validating effect of the law does not end merely because of the repeal of the law (see Legislation Act, s 88 (1)).

Endnotes

1. Presentation speech

   Presentation speech made in the Legislative Assembly on 6 December 2011.

2. Notification

   Notified under the Legislation Act on 12 December 2011.

3. Republications of amended laws

   For the latest republication of amended laws, see certify that the above is a true copy of the Race and Sports Bookmaking (Validation of Licences) Amendment Bill 2011, which was passed by the Legislative Assembly on 6 December 2011.

   Clerk of the Legislative Assembly

   © Australian Capital Territory 2011