Racing Act 1976 (SA)

RACING ACT 1976

Reprint No. 1—15.11.91

Reprint No. 2—21.9.92

Reprint No. 3—8.5.93

Reprint No. 4—6.5.94	[Whole Act replaced]
Reprint No. 5—1.7.94	[New Parts 1, 3 and Appendices]
Reprint No. 6—3.8.95	[New Part 3 and Appendices]
Reprint No. 7—25.1.96	[New Parts 1, 3 and Appendices]
Reprint No. 8—11.4.96	[New Part 3, Schedules and Appendices]
Reprint No. 9—23.5.96	[New Parts 1, 2 and Appendices]
Reprint No. 10—1.7.96	[Whole Act replaced]
Reprint No. 11—27.3.97	[New Part 3 and Appendix]
Reprint No. 12—14.8.97	[New Parts 1A, 3, 4, 6 and Appendix]
Reprint No. 13—18.3.99	[New Part 3 and Appendix]
Reprint No. 14—7.8.99	[New Part 3A and Appendix]
Reprint No. 15—1.7.00	[New Parts 1, 3, 3A, 4 and Appendix]
Reprint No. 16—1.10.00	[Whole Act replaced]
Reprint No. 17—18.1.01	[New Parts 1, 3 and Appendix]
Reprint No. 18—26.4.01	[New Parts 1, 2, 3 and Appendix
Reprint No. 19—1.10.01	[New Part 1 and Appendix]
Reprint No. 20—7.12.01	[New Part 4 and Appendix]

[Each Part is numbered from page 1. Subscribers to the Consolidation Service will receive

complete replacement Parts incorporating amendments to this Act as they come into force.]

(Reprint No. 20)

South Australia

RACING ACT 1976

An Act to regulate and control certain forms of racing and betting thereon; to provide for betting on sporting and other events; and for other purposes.

This Act is reprinted pursuant to the Acts Republication Act 1967 and incorporates all amendments in force as at 7 December 2001.

It should be noted that the Act has not been revised (for obsolete references, etc.) by the

Commissioner of Statute Revision since the reprint published on 1 July 1996.

RACING ACT 1976

being

Racing Act 1976 No. 104 of 1976 [Assented to 16 December 1976]1

as amended by

Racing Act Amendment Act 1978 No. 49 of 1978 [Assented to 13 April 1978]2	Racing Act Amendment Act 1980 No. 114 of 1980 [Assented to 18 December 1980]3
Racing Act Amendment Act 1981 No. 87 of 1981 [Assented to 10 December 1981]4
Racing Act Amendment Act 1982 No. 83 of 1982 [Assented to 16 September 1982]
Racing Act Amendment Act (No. 2) 1982 No. 98 of 1982 [Assented to 23 December 1982]
Racing Act Amendment Act 1983 No. 7 of 1983 [Assented to 28 April 1983]5
Racing Act Amendment Act 1984 No. 29 of 1984 [Assented to 10 May 1984]
Racing Act Amendment Act (No. 2) 1984 No. 71 of 1984 [Assented to 8 November 1984]6
Racing Act Amendment Act 1985 No. 40 of 1985 [Assented to 18 April 1985]
Racing Act Amendment Act 1986 No. 30 of 1986 [Assented to 27 March 1986]7
Racing Act Amendment Act (No. 2) 1986 No. 51 of 1986 [Assented to 11 September 1986]
Racing Act Amendment Act 1987 No. 70 of 1987 [Assented to 5 November 1987]8
Racing Act Amendment Act 1988 No. 53 of 1988 [Assented to 8 September 1988]
Racing Act Amendment Act (No. 2) 1988 No. 91 of 1988 [Assented to 1 December 1988]9
Racing (Sporting Events Betting and Appeals) Amendment Act 1991 No. 29 of 1991 [Assented to 24 April 1991]10
Racing (Interstate Totalizator Pooling) Amendment Act 1992 No. 19 of 1992 [Assented to 7 May 1992]11
Racing (Dividend Adjustment) Amendment Act 1992 No. 41 of 1992 [Assented to 10 September 1992]11
Racing (Miscellaneous) Amendment Act 1993 No. 29 of 1993 [Assented to 6 May 1993]12
Racing (Miscellaneous) Amendment Act 1994 No. 25 of 1994 [Assented to 26 May 1994]13
Racing (Re-allocation of Totalizator Betting Deductions) Amendment Act 1995 No. 58 of 1995 [Assented to
Racing (Amalgamation of Pools) Amendment Act 1995 No. 103 of 1995 [Assented to 14 December 1995]15 3 August 1995]14
Racing (TAB) Amendment Act 1996 No. 4 of 1996 [Assented to 4 April 1996]16
Racing (Miscellaneous) Amendment Act 1996 No. 15 of 1996 [Assented to 24 April 1996]17
Racing (Interstate Totalizator) Amendment Act 1997 No. 17 of 1997 [Assented to 27 March 1997]18
Racing (Miscellaneous) Amendment Act 1997 No. 67 of 1997 [Assented to 7 August 1997]19
Racing (Deduction from Totalizator Bets) Amendment Act 1999 No. 9 of 1999 [Assented to 18 March 1999]
Statutes Amendment (Lotteries and Racing—GST) Act 2000 No. 26 of 2000 [Assented to 29 June 2000]20
Racing (Controlling Authorities) Amendment Act 2000 No. 59 of 2000 [Assented to 27 July 2000]21 (as
amended by Racing (Transitional Provisions) Amendment Act 2000 No. 66 of 2000 [Assented to Racing (Proprietary Business Licensing) Act 2000 No. 90 of 2000 [Assented to 21 December 2000]23 30 November 2000]22)
TAB (Disposal) Act 2000 No. 94 of 2000 [Assented to 21 December 2000]24
Statutes Amendment (Gambling Regulation) Act 2001 No. 18 of 2001 [Assented to 31 May 2001]25
Statutes Amendment (Bookmakers) Act 2001 No. 64 of 2001 [Assented to 6 December 2001]26

NOTE:

Asterisks indicate repeal or deletion of text.

Entries appearing in bold type indicate the amendments incorporated since the last reprint.

For the legislative history of the Act see Appendix.

1 Came into operation (except s. 4(1) and Division 3 of Part 2) 1 January 1977:Gaz. 16 December 1976, p. 2252; remainder of Act came into operation 1 February 1977: Gaz. 27 January 1977, p. 179.

2 Came into operation 29 May 1978:Gaz. 25 May 1978, p. 1825.

3 Came into operation (except ss. 3, 8, 10 and 11) 1 January 1981, ss. 10 and 11 came into operation 4 January 1981, ss. 3 and 8 came into operation 1 February 1981:Gaz. 18 December 1980, p. 2213.

4 Came into operation (except ss. 5-7, 12, 13 and 29) 14 December 1981:Gaz. 10 December 1981, p. 2342; remainder of Act came into operation 1 February 1982: Gaz. 28 January 1982, p. 209.

5 Came into operation (except s. 5) 1 August 1982: s. 2; s. 5 came into operation 29 May 1983:Gaz. 12 May 1983, p. 1116.

6 Came into operation 31 January 1985:Gaz. 31 January 1985, p. 280.

7 Came into operation (except s. 5(a)) 14 April 1986:Gaz. 10 April 1986, p. 870; s. 5(a) came into operation 1 July 1985: s. 2(3).

8 Came into operation 5 November 1987:Gaz. 5 November 1987, p. 1526.

9 Came into operation (except ss. 11, 12(f), 16-18) 31 January 1989: Gaz. 19 January 1989, p. 112; remainder of Act came into operation 3 April 1989: Gaz. 23 March 1989, p. 818.

10 Came into operation 17 June 1991:Gaz. 13 June 1991, p. 1864.

11 Came into operation 21 September 1992:Gaz. 10 September 1992, p. 1060.

12 Came into operation 8 May 1993:Gaz. 6 May 1993, p. 1576.

13 Came into operation (except ss. 4, 8, 9(a) and 10) 6 June 1994; ss. 4, 8, 9(a) and 10 came into operation 1 July 1994:Gaz. 2 June 1994, p. 1522.

14 Came into operation 1 July 1995: s. 2.

15 Came into operation 25 January 1996:Gaz. 25 January 1996, p. 807.

16 Came into operation 11 April 1996:Gaz. 11 April 1996, p. 1944.

17 S. 3(b), (d), (e), (j), (k) and (l), definitions of "SAGRA", "SAHRA" and "SATRA" (as inserted by s. 3(m)), new Part 2 (as substituted by s. 4) and clauses 5-8 of Sched. 2 came into operation 23 May 1996, remainder of Act came into operation 1 July 1996: Gaz. 23 May 1996, p. 2534.

18 Came into operation 21 September 1992: s. 2.

19 Came into operation (except s. 15) 14 August 1997:Gaz. 14 August 1997, p. 337; s. 15 came into operation 7 August 1999 (by virtue of the Acts Interpretation Act 1915, s. 7(5)).

20 Part 3 (ss. 5-11) came into operation 1 July 2000: s. 2.

21 Came into operation 1 October 2000:Gaz. 28 September 2000, p. 2221.

22 Came into operation 1 October 2000: s. 2.

23 Came into operation 18 January 2001:Gaz. 18 January 2001, p. 68.

24 Schedule 3 came into operation 26 April 2001: being the time at which TAB was converted to a company under theCorporations Law: Sched. 3 cl. 1: Gaz. 25 January 2001, p. 301.

25 Part 7 (s. 44) came into operation 1 October 2001:Gaz. 13 September 2001, p. 4116.

26 Part 3 (except s. 8) came into operation 7 December 2001:Gaz. 6 December 2001, p. 5267; s. 8 had not been brought into operation at the date of, and the amendment effected by that provision has not been included in, this reprint.

SUMMARY OF PROVISIONS

PART 1

PRELIMINARY

1.               Short title

5.               Interpretation

PART 2

DESIGNATION OF CONTROLLING AUTHORITIES

6.               Designation of controlling authorities

PART 3

TOTALIZATOR BETTING

DIVISION 1—TOTALIZATOR AGENCY BOARD

7.               Authorisation to conduct totalizator betting

60.              Totalizator rules of TAB

61.              Premises for totalizator betting

62.              Acceptance and payment of bets

DIVISION 2—CONDUCT OF TOTALIZATOR BETTING ON RACES

63.              Conduct of on-course totalizator betting by racing clubs

64.              Conduct of on-course totalizator betting when race meeting not in progress

65.              Revocation of right to conduct on-course totalizator betting

67.              Totalizator rules for authorised racing clubs

68.              Deduction of percentage from totalizator money

69.              Application of amount deducted under s. 68

70.              Application of percentage deductions

70A.	Refund of GST payable by racing club
71.	Fixing the amount of betting unit
72.	Racing totalizator pools
73.	Application of racing totalizator pools
74.	Jackpot
75.	Totalizator pool insufficient to pay dividends
76.	Application of fractions by TAB
78.	Unclaimed dividends
82.	Power to conduct off-course totalizator betting outside State
82A.	Agreement with interstate totalizator authority—interstate authority conducts totalizator
82B.	Agreement with interstate totalizator authority—TAB conducts totalizator
83.	Returns by authorised clubs
84.	Facilities for police to be provided by authorised racing clubs

DIVISION 3—CONDUCT OF TOTALIZATOR BETTING ON FOOTBALL MATCHES

84A.	Football totalizator rules
84B.	Application of twenty per cent of totalizator bets on football matches
84C.	Fixing the amount of betting unit
84D.	Application of football totalizator pools
84E.	Jackpot
84F.	Insufficiency of totalizator pool
84G.	Application of balance of fractions by TAB
84H.	Unclaimed dividends

DIVISION 4—TOTALIZATOR BETTING ON OTHER EVENTS

84I.	Totalizator betting by TAB on other events
84IA.	Totalizator rules for betting on other events
84J.	Application of amount bet
84K.	Agreement with interstate or overseas totalizator authority

PART 3A

FIXED ODDS BETTING WITH INTERSTATE OR OVERSEAS AUTHORITY

84L.	Agreement with interstate or overseas authority
84M.	Application of profits from fixed odds betting
84N.	Unclaimed dividends

PART 4

REGULATION OF BOOKMAKERS

85.              Interpretation

100.              Licences

101.              Applications for licences

102.              Conditions to licences

103.              Terms of licences

104.              Suspension and cancellation of licences

104A.	Power to impose fines
105.	Registration of betting premises at Port Pirie
106.	Applications for registration of premises
107.	Conditions to registration
108.	Restriction on use of registered premises
109.	Term of registration
110.	Suspension and cancellation of registration
111.	Permit required to accept bets
112.	Permit authorising bookmaker to accept bets
112A.	Grant of permit to group of bookmakers
112B.	Revocation of permit
114.	Payment to Commissioner of percentage of money bet with bookmakers
114A.	Payments of GST on behalf of bookmakers
115.	Betting tickets
116.	Recovery of amounts payable by bookmakers
117.	Licensed bookmakers required to hold permits
118.	Effect of licence
119.	Prohibition of certain information as to racing or betting
120.	Commissioner may give or authorise information as to betting
121.	Unclaimed bets
124.	Rules relating to bookmakers

PART 5

ENFORCEMENT

125.              Commissioner’s responsibility to Authority

126.              Appointment of inspectors

127.              Power to enter and inspect

PART 6

MISCELLANEOUS

146.              Hospitals Fund

146A.	Delegation by Minister
148A.	No offence under other laws in respect of betting under this Act
149.	Betting with infants
152.	Offences by bodies corporate
153.	Service of notices
154.	Regulations

APPENDIX

LEGISLATIVE HISTORY

The Parliament of South Australia enacts as follows:

PART 1

PRELIMINARY

Short title

1. This Act may be cited as the Racing Act 1976.

* * * * * * * * * *

Interpretation

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

"authorised officer" means—

(a)	the Commissioner; or
(b)	a member or the secretary of the Authority; or
(c)	an inspector; or
(d)	a police officer;

"authorised racing club" means a racing club authorised to conduct on-course totalizator

betting on race-results pursuant to Part 3;

"Authority" means the Independent Gambling Authority established under the Independent

Gambling Authority Act 1995;

"bookmaker" includes a bookmaker’s agent;

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

"controlling authority"—see Part 2;

"dividend" in relation to a totalizator bet means the amount payable from the totalizator pool in

respect of each unit of the bet;

"double" means a contingency, or combination of contingencies, in respect of two races;

"football" means Australian rules football;

"football-result" means a contingency, or combination of contingencies, in respect of one or

more football matches;

"football totalizator pool" means—

(a)	the amount of the totalizator bets made on a football-result;
(b)	where TAB pools the totalizator bets made on two or more football-results pursuant to section 84E—the total amount of the totalizator bets made on those football-results;

"football totalizator rules" means the rules made by the Minister pursuant to Division 3 of

Part 3;

"greyhound race" or "greyhound racing" means a race or racing between greyhounds in

competitive pursuit of a quarry or lure that is not a live animal;

"GST" means the tax payable under the GST law;

"GST law" means—

(a)	A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and
(b)	the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things;

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

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

"Hospitals Fund" means the fund of that name established at the Treasury and continued in

existence under Part 6;

"interstate bet" in relation to an interstate totalizator authority means a totalizator bet accepted

by the authority on behalf of TAB pursuant to an agreement under section 82B;

"interstate totalizator authority" means a body or person who is entitled under the law of another State or Territory of the Commonwealth to conduct totalizator betting in that State or Territory;

"the metropolitan area" means the area within a radius of thirty kilometres from the General

Post Office at Adelaide in the State;

"multiple" means any contingency, or combination of contingencies, in respect of a race or

races, not being a single or a double;

"on-course bet" or "on-course betting" means a bet that is made, or betting that takes place,

within a racecourse and "off-course bet" and "off-course betting" have correlative meanings;

"quinella" means a bet that attempts to predict the runners that will win the first two places in a

race;

"race" or "racing" means—

(a)	a horse race or horse racing; or
(b)	a harness race or harness racing; or
(c)	a greyhound race or greyhound racing,

but does not include a race or racing of a kind prescribed by regulation;

"racecourse" means a place where race meetings are held and includes any land or premises appurtenant thereto and to which persons attending such meetings have access in connection with the meetings;

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

held;

"race-result" in relation to totalizator betting means a single, double or multiple;

"racing club" means a club or association that—

(a)	is a body corporate; and
(b)	is established for the purpose of conducting race meetings; and
(c)	is not established for the purpose of securing pecuniary profit for its members from its transactions;

"racing totalizator pool" means—

(a)	the amount comprised in the balance remaining of the amount of the totalizator bets on race-results made with any body conducting totalizator betting on a race-result after the deduction of the amounts required by section 68; or
(b)	where two or more racing totalizator pools are pooled pursuant to section 72—an amount equal to the sum of those racing totalizator pools;

"racing totalizator rules" means the rules made by the Authority pursuant to Division 2 of

Part 3;

"racing year" means the period commencing on the first day of August in any year and

expiring on the succeeding 31 July;

"Recreation and Sport Fund" means the fund of that name established at the Treasury and

continued in existence under the State Lotteries Act 1966;

"registered greyhound racing club" means a racing club that is established for the purpose of conducting greyhound race meetings and is registered by the controlling authority for greyhound racing;

"registered harness racing club" means a racing club that is established for the purpose of conducting harness race meetings and is registered by the controlling authority for harness racing;

"registered horse racing club" means a racing club that is established for the purpose of

conducting horse race meetings and is registered by the controlling authority for horse racing;

"registered racing club" means a registered horse racing club, registered harness racing club or

registered greyhound racing club;

"single" means a contingency, or a combination of not more than two contingencies, in respect

of one race;

"TAB" means TABCO within the meaning of the TAB (Disposal) Act 2000;

"totalizator betting" means betting in accordance with a system under which the amount paid out in respect of a bet made on a particular event or combination of events is proportioned to the total amount bet on that event or combination of events; and "totalizator bet" has a corresponding meaning;

"totalizator pool" means—

(a)	a racing totalizator pool; or
(b)	a football totalizator pool; or
(c)	a pool consisting of the gross amount of the bets made with TAB in relation to an event or combination of events in respect of which TAB conducts totalizator betting under Division 4 of Part 3;

"unit" means—

(a)	in relation to on-course totalizator betting on race-results—an amount determined by the appropriate controlling authority as constituting a unit;
(b)	in relation to other forms of totalizator betting—an amount determined by TAB as constituting a unit in relation to that form of totalizator betting;

"winning bet dividend" means the dividend payable on a totalizator bet on a race-result or a

football-result for successfully predicting that result.

* * * * * * * * * *

PART 2

DESIGNATION OF CONTROLLING AUTHORITIES

Designation of controlling authorities

6. (1) The Governor may, by proclamation—

(a)	designate a body as the controlling authority for horse racing;
(b)	designate a body as the controlling authority for harness racing;
(c)	designate a body as the controlling authority for greyhound racing.

(2) The Governor may, by subsequent proclamation, vary or revoke a proclamation made under this section.

PART 3

TOTALIZATOR BETTING

DIVISION 1—TOTALIZATOR AGENCY BOARD

Authorisation to conduct totalizator betting

7. TAB will continue to be authorised—

(a)	to conduct off-course totalizator betting on races held within or outside Australia; and
(b)	to act as the agent of an authorised racing club in the conduct by that club of on-course totalizator betting on races held within or outside Australia; and
(c)	to conduct totalizator betting on football-results held within or outside Australia; and
(d)	to conduct totalizator betting on the result of any other sporting event or an event of any other kind or on a combination of sporting or other events whether held or occurring within or outside Australia.

* * * * * * * * * *

Totalizator rules of TAB

60. (1) TAB may, with the approval of the Minister, make rules prescribing any matter relating to the acceptance and payment of totalizator bets made with TAB.

(2) TAB may, with the approval of the Minister, amend, vary or revoke any rules made pursuant to subsection (1).

(3) The provisions of the Subordinate Legislation Act 1978 do not apply in relation to rules made pursuant to this section.

Premises for totalizator betting

61. (1) TAB may not establish an office, branch or agency for the conduct of totalizator betting unless the premises proposed to be used for that purpose and their location have been approved by the Minister.

(2) The Minister must, in determining whether or not to give the approval referred to in subsection (1), have regard to the proximity of the premises to places of public worship, schools and other educational institutions and premises licensed under the Liquor Licensing Act 1985, and to such other matters as he or she considers relevant.

Acceptance and payment of bets

62. (1) TAB may accept a totalizator bet—

(a)	by the deposit of the amount of the bet in cash at an office, branch or agency of TAB; or
(b)	by letter sent through the post, or telegram or telephone message, to an office, branch or agency of TAB by a person who has established and maintained in accordance with the rules of TAB an account with TAB that is sufficiently in credit to meet the amount of the bet; or
(c)	by the surrender, or partial surrender, of a cash voucher issued by TAB; or
(d)	by the electronic transfer of the amount of the bet to TAB.

(1a) TAB may only accept a bet made electronically if it is made using a card—

(a)	that is approved by TAB; and
(b)	that does not enable the holder to obtain money on credit for the purpose of making the bet.

(2) Except as otherwise directed by the Minister, TAB must pay dividends on totalizator bets as soon as practicable after completion of the race, match or event in relation to which the bet was made.

(3) Despite subsection (2), TAB may credit to a credit account established with it any dividend on a totalizator bet at any time after the dividend is declared.

DIVISION 2—CONDUCT OF TOTALIZATOR BETTING ON RACES

Conduct of on-course totalizator betting by racing clubs

63. (1) Subject to this Act, a registered racing club may conduct on-course totalizator betting in conjunction with a race meeting held by the club.

(1a) Subject to this Act a racing club that is not registered may, if authorised to do so by the Authority, conduct on-course totalizator betting in conjunction with a race meeting held by the club.

(1b) The Authority’s authorisation under subsection (1a)—

(a)	may be subject to such conditions as the Authority thinks fit; and
(b)	may be varied or revoked by the Authority at any time.

(2) Subsections (1) and (1a) authorise betting on races held at the race meeting and on races of the same form held within or outside Australia.

* * * * * * * * * *

(6) The Authority may, subject to such conditions as the Authority thinks fit, by notice in writing to a racing club, authorise the club to conduct on-course totalizator betting in conjunction with a race meeting held by the club on races of other forms held within or outside Australia and may revoke the notice by subsequent notice in writing to the club.

(7) Where a racing club is unable to hold a race meeting because of unforseen circumstances, it may conduct on-course totalizator betting as if the race meeting had not been cancelled.

* * * * * * * * * *

Conduct of on-course totalizator betting when race meeting not in progress

64. The Authority may, subject to such conditions as the Minister thinks fit, by notice in writing to a registered racing club, authorise the club to conduct on-course totalizator betting on races of any form held within or outside Australia when a race meeting is not in progress at the racecourse at which the totalizator betting is to be conducted and the Authority may revoke the notice by subsequent notice in writing to the club.

Revocation of right to conduct on-course totalizator betting

65. If, in the Authority’s opinion, an authorised racing club has contravened or failed to comply with any provision of this Act, the racing totalizator rules or a condition of an authorisation granted by the Authority under this Division, the Authority may, by notice in writing given to the club, revoke, suspend or restrict the club’s right to conduct on-course totalizator betting whether the club had that right by virtue of this Act or of an authorisation granted by the Authority under this Act.

* * * * * * * * * *

Totalizator rules for authorised racing clubs

67. (1) The Authority may, after consultation with the controlling authorities and TAB, make rules prescribing any matter relating to the calculation of dividends on totalizator bets on race-results, the formation of racing totalizator pools and any other matter relating to the conduct of totalizator betting on race-results by authorised racing clubs or TAB.

(2) The Authority may, after consultation with the controlling authorities and TAB, amend, vary or revoke any rules made pursuant to subsection (1).

(3) The provisions of the Subordinate Legislation Act 1978 do not apply in relation to rules made pursuant to this section.

Deduction of percentage from totalizator money

68. (1) Where TAB, or an authorised racing club, conducts totalizator betting on a race-result, TAB, or the club, as the case may be, must deduct from the amount of the bets an amount or amounts prescribed by regulation or fixed by a person or body appointed by regulation within limits prescribed by the regulation.

(2) For the purposes of subsection (1) the regulations, or a person or body appointed by the regulations, may—

(a)	prescribe or fix different amounts in relation to different kinds of bets;
(b)	where an agreement under section 82A between TAB and an interstate totalizator authority is in force, prescribe or fix an amount by reference to the amount that, under the law of the State or Territory in which the interstate totalizator authority is entitled to conduct totalizator betting, must or may be deducted from the amount of the bets accepted by TAB under the agreement.

(3) The regulations may appoint the same person or body, or different persons or bodies, to fix the amount or amounts to be deducted under subsection (1) in respect of totalizator betting conducted by TAB and each racing club.

Application of amount deducted under s. 68

69. (1) The amount deducted by TAB from totalizator bets pursuant to section 68 must be applied as follows:

(a)

if an agreement under section 82B is in force between TAB and an interstate totalizator authority under which the interstate totalizator authority is entitled to deductions made by TAB under section 68 in respect of interstate bets—the amount of those deductions must be paid to the interstate totalizator authority less—

(i)	the GST (if any) in respect of those deductions; and
(ii)	any amount or amounts that the agreement provides for by way of fee payable to TAB by the interstate totalizator authority; and

(b)

the balance must be applied in accordance with subsection (1a).

(1a) The net gambling revenue must be applied as follows:

(a1)	firstly, in payment of the GST in respect of the net gambling revenue; and
(a)	secondly, in payment of such amount, as the Minister directs, towards the administrative and operating expenses (excluding the GST referred to in paragraph (a1)) of TAB; and
(b)	thirdly, in payment to the controlling authorities in the respective shares specified in subsection (2)(b) of an amount equal to 1 per cent of the amount of totalizator bets (other than interstate bets) made with TAB on doubles and an amount equal to 1.4 per cent of the amount of totalizator bets (other than interstate bets) made with TAB on multiples; and
(c)	fourthly, in payment into a fund to be applied towards the capital expenses of TAB of an amount equal to 0.5 per cent of the amount of totalizator bets (other than interstate bets) made with TAB on race-results; and
(d)	fifthly, in payment to the controlling authorities in the respective shares specified in subsection (2)(b) of an amount equal to 0.5 per cent of the amount of totalizator bets (other than interstate bets) made with TAB on race-results; and
(e)	sixthly, in payment of amounts approved by the Minister towards reserves of TAB, to be applied as TAB, with the approval of the Minister, considers necessary; and
(f)	seventhly, in payment to the Treasurer to be credited to the Hospitals Fund of an amount equal to six per cent of the net gambling revenue; and
(g)	eighthly, in payment to the controlling authorities in the respective shares specified in subsection (2)(b) of an amount equal to 18.45 per cent of the net gambling revenue; and
(h)	ninthly, in accordance with subsection (2).

* * * * * * * * * *

(2) The balance (if any) of the amount deducted by TAB pursuant to section 68 remaining at the end of each quarter, after deducting the amount of the payments required by subsection (1) or any other provision of this Act to be made in respect of that quarter, must be applied as soon as practicable after the end of that quarter as follows:

(a)

45 per cent of the balance must be paid to the Treasurer to be credited to the Hospitals Fund; and

(b)

the amount remaining after the payment referred to in paragraph (a) must be shared between the controlling authorities as follows:

(i)	73.5 per cent is to be paid to the controlling authority for horse racing;
(ii)	17.5 per cent is to be paid to the controlling authority for harness racing;
(iii)	9 per cent is to be paid to the controlling authority for greyhound racing.

* * * * * * * * * *

(3) Despite subsection (2), TAB may, with the approval of the Minister, before the expiration of a quarter, make an advance to a controlling authority towards the payment to be made under that subsection to the controlling authority in respect of that quarter.

* * * * * * * * * *

(5) In this section—

"net gambling revenue" means the amount deducted by TAB from totalizator bets pursuant to

section 68 or, where subsection (1)(a) applies, the balance referred to in subsection (1)(b);

"quarter" means a period of approximately one quarter of a year—

(a)	commencing on the first days of January, April, July and October if the day concerned is a Thursday or, if it is not, then commencing on the day nearest to that day that is a Thursday; and
(b)	ending on 31 March, 30 June, 30 September and 31 December if the day concerned is a Wednesday or, if it is not, then ending on the day nearest to that day that is a Wednesday.

* * * * * * * * * *

Application of percentage deductions

70. (1) Subject to subsection (4), an authorised racing club must, out of the amount deducted by it pursuant to section 68, from totalizator bets made with it on each day on which it conducts totalizator betting—

(a)

pay to the Treasurer for the credit of the Consolidated Account, where the sum of the amounts of those bets made with it on that day—

(i)	does not exceed $30 000—an amount equal to 1 per cent of that sum; or
(ii)	exceeds $30 000 but does not exceed $60 000—$300 plus 2 per cent of the amount in excess of $30 000; or
(iii)	exceeds $60 000 but does not exceed $120 000—$900 plus 3 per cent of the amount in excess of $60 000; or
(iv)	exceeds $120 000—$2 700 plus 5.25 per cent of the amount in excess of $120 000,

* * * * * * * * * *

and may retain the balance for the purposes of the club.

(1a) Where, on a particular day, two or more authorised racing clubs conducted totalizator betting on the same race results and one or more of those clubs did not hold a race meeting on that day, the amounts of the totalizator bets made with those clubs on that day must be pooled for the purpose of determining the amounts to be paid pursuant to subsection (1).

(1b) The amount remaining after payments have been made under subsection (1) following pooling under subsection (1a) must be divided between the racing clubs so that—

(a)	the club or clubs that held race meetings on the day concerned receive the amount that they would have retained under subsection (1) if pooling had not occurred; and
(b)	the club that did not hold a race meeting on that day receives the balance or, if there were two or more such clubs, the balance is divided between them in proportion to the amount deducted by each of them pursuant to section 68.

(1c) A racing club that has cancelled a race meeting because of unforeseen circumstances but conducts totalizator betting during the period that the cancelled race meeting would have been held will be taken, for the purposes of subsections (1a) and (1b), to have held the race meeting as originally planned.

(2) An amount payable to the Treasurer under this section may be recovered by the Treasurer as a debt by action in a court of competent jurisdiction.

(3) Where the Treasurer is satisfied that an authorised racing club pays its net proceeds (if any) from a race meeting on any day, towards charitable purposes that the Treasurer approves, the Treasurer may authorise that club to pay towards those charitable purposes an amount equal to the amount otherwise payable to the Treasurer under subsection (1)(a).

(3a) For the purpose of determining the net proceeds of a race meeting under subsection (3) the balance retained by the club under subsection (1) in relation to that meeting must be included as part of the gross proceeds of that meeting.

(4) Despite the other provisions of this section, where an authorised racing club pays, in accordance with the authority of the Treasurer given under subsection (3), towards charitable purposes an amount equal to the amount that it is liable to pay to the Treasurer under subsection (1)(a), the club is discharged from the liability to pay that amount to the Treasurer.

Refund of GST payable by racing club

70A. (1) The Treasurer must pay to an authorised racing club an amount equivalent to the GST paid by the club in respect of amounts deducted by it pursuant to section 68.

(2) The money required for payments under this section must be paid out of the Consolidated Account which is appropriated to the necessary extent.

Fixing the amount of betting unit

71. (1) Subject to subsection (3), TAB may, by notice published in the Gazette—

(a)	fix the amount that will, for the purposes of this Act, constitute a unit in relation to off-course totalizator betting on any form of racing; or
(b)	determine the minimum number of units that may constitute a bet for the purposes of off-course totalizator betting on any form of racing; or
(c)	vary or revoke a notice previously published under this subsection.

(2) Subject to subsection (3), the controlling authority for any form of racing may, by notice published in the Gazette—

(a)	fix the amount that will, for the purposes of this Act, constitute a unit in relation to on-course totalizator betting on that form of racing; or
(b)	determine the minimum number of units that may constitute a bet for the purpose of on-course totalizator betting on that form of racing; or
(c)	vary or revoke a notice previously published under this subsection.

(3) A notice must not be published under subsection (1) except with the approval of the

Minister.

(4) A notice must not be published under subsection (2) except with the approval of the Authority.

Racing totalizator pools

72. Where totalizator betting is conducted on a race-result by more than one body, being—

(a)	TAB and one, or more than one, authorised racing club; or
(b)	more than one authorised racing club,

those bodies may, in accordance with the racing totalizator rules, pool their respective totalizator

pools in respect of that race-result.

Application of racing totalizator pools

73. (1) Where TAB or an authorised racing club holds an amount, being the whole or any part of any racing totalizator pool, it must, subject to this Act, apply the whole of that amount in payment, in accordance with this Act and the racing totalizator rules, of dividends on the bets contributing to the racing totalizator pool.

(2) The dividend payable on totalizator bets on race-results made with TAB or an authorised racing club will, subject to this section, be of an amount equal to—

(a)	the amount ascertained in accordance with the racing totalizator rules; or
(b)	in the case of a winning bet dividend, the amount referred to in paragraph (a) or one unit, whichever is the greater.

(3) Despite subsection (2), where, in the case of a winning bet dividend, the amount referred to in paragraph (a) of that subsection is less than one unit and the race-result on which the bets were made, is, or includes, a draw, the winning bet dividend will be of an amount equal to the amount referred to in that paragraph.

(4) Despite the other provisions of this section, the dividend payable on any totalizator bet on a race-result made pursuant to this Act will not include any fraction of five cents.

Jackpot

74. Despite section 73, TAB or an authorised racing club may, in accordance with the racing totalizator rules, pool the totalizator pool derived from bets on a race-result on which no winning bet dividend is payable with the totalizator pool derived from bets on another race-result made with TAB, that authorised club or another authorised racing club.

Totalizator pool insufficient to pay dividends

75. If after deducting the amount required by section 68 a racing totalizator pool would be insufficient to pay winning bet dividends on bets contributing to the pool, the amount to be deducted pursuant to section 68 will be reduced so that dividends can be paid.

Application of fractions by TAB

76. (1) The amount of fractions retained by TAB under section 73(4) must be applied by TAB as follows:

(a)	if an agreement under section 82B is in force between TAB and an interstate totalizator authority under which the authority is entitled to the fractions arising from dividends on interstate bets—the amount of those fractions must be paid to the interstate totalizator authority in accordance with the agreement; and
(b)	the balance must be applied in accordance with subsection (2).

(2) The amount of fractions retained by TAB under section 73(4) or, where subsection (1)(a)

applies, the balance referred to in subsection (1)(b) must be applied by TAB as follows:

(a)	one half must be paid to the Treasurer to the credit of the Hospitals Fund; and
(b)	the amount remaining after the payment referred to in paragraph (a) must be paid to the controlling authorities in the respective shares specified in section 69(2)(b).

* * * * * * * * * *

Unclaimed dividends

78. (1) Subject to subsection (1a), TAB will not, after the expiration of the period of six months commencing on the day on which a race is held, be liable to pay any dividend on a totalizator bet made with it in respect of that race.

(1a) If an agreement under section 82B is in force between TAB and an interstate totalizator authority under which the authority is entitled to the payment of unclaimed dividends on interstate bets, TAB must pay those dividends to the interstate totalizator authority in accordance with the agreement.

(2) An authorised racing club will not, after the expiration of the period of two months commencing on the day on which a race is held, be liable to pay any dividend on a totalizator bet made with it in respect of that race.

(3) Any amount accruing to TAB by virtue of the operation of subsection (1) must be applied by TAB as follows:

(a)	an amount equal to one-half of the amount must be paid to the Treasurer to be credited to the Hospitals Fund; and
(b)	the amount remaining after the payment referred to in paragraph (a) must be paid to the controlling authorities in the respective shares specified in section 69(2)(b).

(3a) Any amount accruing to an authorised racing club by virtue of the operation of subsection (2) must be paid by the club to the Treasurer to be credited to the Hospitals Fund.

(4) Where, before the expiration of the period of twelve months commencing on the day on which a race is held, any person makes a claim to the Treasurer for payment of a dividend on a totalizator bet (other than an interstate bet) made in respect of that race and the Treasurer is satisfied—

(a)	that a payment has been made pursuant to subsection (3) or (3a) in respect of the dividend; and
(b)	that the person would have been entitled to be paid the dividend by TAB or the authorised racing club, as the case may be, if he or she had made a valid claim for such payment before TAB or the authorised racing club, as the case may be, ceased to be liable to pay the dividend; and
(c)	that payment of the dividend has not been made to any person and no other person has a valid claim to be paid the dividend,

the Treasurer may pay to that person from the Hospitals Fund the amount of the dividend.

* * * * * * * * * *

Power to conduct off-course totalizator betting outside State

82. (1) TAB may on and subject to such terms and conditions as may be agreed between the Minister and any responsible Minister of the Crown in right of the Commonwealth or in right of any other State, do all or any of the following things:

(a)	conduct or assist in conducting off-course totalizator betting on race-results within any Territory of the Commonwealth or within that other State, for or on behalf of the Commonwealth or that other State, as the case may be, or for or on behalf of any person authorised by or under the law of the Commonwealth or that other State to conduct or provide off-course totalizator betting on race-results or off-course facilities for totalizator betting on race-results in such Territory or other State;
(b)	employ any person as the agent and establish agencies of TAB in any Territory of the Commonwealth or within that other State;
(c)	act as the agent in this State of any person authorised by or under the law of the Commonwealth or that other State to conduct totalizator betting on race-results or to provide off-course facilities for totalizator betting on race-results in any Territory of the Commonwealth or in that other State.

(2) Any agreement entered into under subsection (1) may be carried into effect despite anything to the contrary or otherwise contained in this Act.

Agreement with interstate totalizator authority—interstate authority conducts totalizator

82A. (1) TAB may, with the approval of the Minister, enter into an agreement with an interstate totalizator authority to act as the agent of the interstate totalizator authority in accepting totalizator bets for the formation of racing totalizator pools by the interstate totalizator authority under the law of another State or Territory.

(2) An agreement referred to in subsection (1) may apply in relation to any kind of totalizator

bets.

(3) TAB may accept bets under an agreement referred to in subsection (1) through the agency of an authorised racing club.

(4) An agreement referred to in subsection (1) cannot be made and does not remain in force

unless—

(a)

the law for the time being of the State or Territory in which the interstate totalizator authority is entitled to conduct totalizator betting—

(i)	includes a provision corresponding to section 68 under which a percentage (being a percentage within a prescribed range) of the amount of the bets accepted by TAB under the agreement either must or may be deducted from those bets; and
(ii)	does not prevent the execution or operation of the agreement in accordance with subsection (5);

(b)

the agreement includes a provision that TAB may terminate the agreement if the law for the time being of the State or Territory in which the interstate totalizator authority is entitled to conduct totalizator betting does not include the provision referred to in paragraph (a)(i) or prevents the execution or operation of the agreement in accordance with subsection (5).

(4a) The prescribed range of percentages referred to in subsection (4)(a)(i) is 0 to 20 per cent.

(5) Subject to subsection (6), an agreement referred to in subsection (1) must provide that TAB is entitled—

(a)	to the amount referred to in subsection (4)(a) that is deducted from the amount of the bets accepted by TAB; and
(b)	to all fractions not included in dividends on bets accepted by TAB; and
(c)	to unclaimed dividends on bets accepted by TAB.

(6) An agreement referred to in subsection (1) may provide that the amount that TAB would otherwise be entitled to under subsection (5)(a) may be reduced—

(a)	by the amount of a fee to be paid by TAB to the interstate totalizator authority pursuant to the agreement; and
(b)	where the law of the State or Territory in which the interstate totalizator authority is entitled to conduct totalizator betting provides for a minimum dividend of 50 cents, by an amount necessary to increase a dividend to 50 cents.

(7) The amount to which TAB is entitled under subsection (5)(a) must be applied by TAB in accordance with section 69 as though the amount had been deducted under section 68.

(8) Those fractions to which TAB is entitled under the agreement that are attributable to bets accepted by a racing club as agent for TAB must be paid to the racing club and the remainder of the fractions to which TAB is entitled under the agreement must be applied in accordance with section 76.

(9) Those unclaimed dividends to which TAB is entitled under the agreement that are attributable to bets accepted by a racing club as agent for TAB must be paid to the Treasurer to be credited to the Hospitals Fund and the remainder of the unclaimed dividends to which TAB is entitled under the agreement must be applied in accordance with section 78(3).

Agreement with interstate totalizator authority—TAB conducts totalizator

82B. (1) TAB may, with the approval of the Minister, enter into an agreement with an interstate totalizator authority under which the interstate totalizator authority agrees to accept totalizator bets as agent for TAB.

(2) An agreement referred to in subsection (1) may apply in relation to any kind of totalizator

bets.

(3) An agreement referred to in subsection (1) may provide that the interstate totalizator authority is entitled to—

(a)	deductions made by TAB under section 68 in respect of interstate bets;
(b)	fractions not included in dividends on interstate bets;
(c)	unclaimed dividends on interstate bets.

Returns by authorised clubs

83. (1) An authorised racing club must, before the expiration of the period of twenty-one days commencing on any day on which the club conducts totalizator betting on race-results, furnish to the Commissioner a return in a form approved by the Commissioner setting out—

(a)	the amount of the totalizator bets made with it on that day on each race-result; and
(b)	the amount paid in dividends on totalizator bets made with it on that day on each race-result; and
(c)	the amount, if any, paid by it to a controlling authority pursuant to section 70 in respect of that day; and
(d)	the amount retained by the club for its purposes from the amount deducted pursuant to section 68; and
(e)	the amount of any fractions retained by the club in respect of that day; and
(f)	the amount of dividends on totalizator bets made with it on that day on each race-result that are unclaimed.

(2) If an authorised racing club fails to furnish a return in accordance with subsection (1), or furnishes a return that is false or misleading in a material particular, the club is guilty of an offence.

Maximum penalty: $5 000.

Facilities for police to be provided by authorised racing clubs

84. An authorised racing club must on any day on which it is authorised to conduct totalizator betting at a racecourse provide within that racecourse for the sole use of the members of the police force of the State a room constructed, furnished and situated as the Authority, after consultation with the Commissioner of Police, may require.

DIVISION 3—CONDUCT OF TOTALIZATOR BETTING ON FOOTBALL MATCHES

Football totalizator rules

84A. (1) The Minister may, after consultation with TAB and the South Australian National Football League, make rules prescribing—

(a)	any matter relating to the calculation of dividends on totalizator bets on football-results; and
(b)	the formation of football totalizator pools; and
(c)	any other matter relating to the conduct of totalizator betting on football-results by TAB.

(2) The Minister may, after consultation with TAB, amend, vary or revoke any rules made pursuant to subsection (1).

(3) The provisions of the Subordinate Legislation Act 1978 do not apply to or in relation to rules made pursuant to this section.

Application of twenty per cent of totalizator bets on football matches

84B. (1) Twenty per cent of each football totalizator pool must be applied by TAB as follows:

(a1)

firstly, in payment of the GST in respect of the net gambling revenue; and

(a)

secondly, in payment of such amount, as the Minister directs, towards the administrative and operating expenses (excluding the GST referred to in paragraph (a1)) of TAB; and

(b)

thirdly, in payment into a fund to be applied towards the capital expenses of TAB of an amount equal to one per cent of the football totalizator pool; and

(ba)

fourthly, in payment of an amount equal to six per cent of the net gambling revenue

into the Recreation and Sport Fund; and

(bb)

fifthly, in payment of an amount equal to 15.09 per cent of the net gambling revenue to

the South Australian National Football League; and

(c)

sixthly, in payment of the balance (if any) to the Recreation and Sport Fund and the South Australian National Football League in equal shares.

(2) TAB is not required to make payments under subsection (1) before 31 December in the year in which the bets constituting the football totalizator pool were made.

(3) In this section—

"net gambling revenue" means the 20 per cent of a football totalizator pool referred to in

subsection (1).

Fixing the amount of betting unit

84C. (1) Subject to subsection (2), TAB may, by notice in the Gazette—

(a)	fix the amount that will, for the purposes of this Act, constitute a unit in relation to totalizator betting on football-results; or
(b)	determine the minimum number of units that may constitute a bet for the purposes of totalizator betting on football-results; or
(c)	vary or revoke a notice previously published under this subsection.

(2) A notice must not be published under this section except with the approval of the Minister.

Application of football totalizator pools

84D. (1) TAB must apply football totalizator pools in accordance with this Act and the football totalizator rules.

(2) The dividend payable on totalizator bets on football-results will, subject to this section, be—

(a)	the amount ascertained in accordance with the football totalizator rules; or
(b)	in the case of a winning bet dividend—the amount referred to in paragraph (a) or one unit, whichever is the greater.

(3) Despite subsection (2), where, in the case of a winning bet dividend, the amount referred to in paragraph (a) is less than one unit and the football-result on which the bets were made is, or includes, a draw, the winning bet dividend will be the amount referred to in that paragraph.

(4) Despite the other provisions of this section, the dividend payable on any totalizator bet on a football-result made pursuant to this Act will not include any fraction of five cents.

Jackpot

84E. TAB may, in accordance with the football totalizator rules, pool the football totalizator pool derived from bets on a football-result on which no winning bet dividend is payable with the football totalizator pool derived from bets on another football-result made with TAB.

Insufficiency of totalizator pool

84F. Where a football totalizator pool is insufficient to pay winning bet dividends payable on bets contributing to the pool, TAB must, to the extent necessary to enable it to pay those dividends, draw on—

(a)	firstly, the amount accruing to it on the day by virtue of the non-payment of fractions; and
(b)	secondly, the Recreation and Sport Fund, and the Treasurer may pay from that Fund to TAB such amount accordingly.

Application of balance of fractions by TAB

84G. Any balance remaining on any day of the amount accruing to TAB by virtue of the non-payment of fractions after payments pursuant to section 84F must, before the expiration of the period of three weeks commencing on that day, be applied by TAB as follows:

(a)	one-half of the balance must be paid to the Treasurer to be credited to the Recreation and Sport Fund; and
(b)	the other half must be paid to the South Australian National Football League.

Unclaimed dividends

84H. (1) TAB will not, after the expiration of the period of six months commencing on the day on which a football match is held, be liable to pay any dividend on a totalizator bet made with it in respect of that match.

(2) Any amount accruing to TAB by virtue of the operation of subsection (1) must be applied by TAB as follows:

(a)	one-half of the amount must be paid to the Treasurer to be credited to the Recreation and Sport Fund; and
(b)	the other half of the amount must be paid to the South Australian National Football League.

(3) Where, before the expiration of the period of twelve months commencing on the day on which a football match is held, any person makes a claim to the Treasurer for payment of a dividend on a totalizator bet made in respect of that match and the Treasurer is satisfied—

(a)	that a payment has been made pursuant to subsection (2) in respect of the dividend; and
(b)	that the person would have been entitled to be paid the dividend by TAB if he or she had made a valid claim for such payment before TAB ceased to be liable to pay the dividend; and
(c)	that payment of the dividend has not been made to any person and no other person has a valid claim to be paid the dividend,

the Treasurer may pay to that person from the Recreation and Sport Fund the amount of the

dividend.

DIVISION 4—TOTALIZATOR BETTING ON OTHER EVENTS

Totalizator betting by TAB on other events

84I. (1) TAB may, with the approval of the Minister, conduct totalizator betting under this Division on sporting events or events of any other kind or on a combination of sporting or other events whether held or occurring within or outside Australia.

(2) This section does not authorise TAB to conduct totalizator betting on a race or football

match.

Totalizator rules for betting on other events

84IA. (1) The Minister may, after consultation with TAB, make rules prescribing—

(a)	any matter relating to the calculation of dividends on totalizator bets on sporting or other events to which this Division applies; and
(b)	the formation of totalizator pools in relation to such bets; and
(c)	any other matter relating to the conduct of totalizator betting by TAB on sporting or other events to which this Division applies.

(2) The Minister may, after consultation with TAB, vary or revoke any rules made pursuant to subsection (1).

(3) The provisions of the Subordinate Legislation Act 1978 do not apply to or in relation to rules made pursuant to this section.

Application of amount bet

84J. (1) Where TAB conducts totalizator betting on an event or combination of events in pursuance of this Division—

(a)

the percentage prescribed by regulation of the totalizator pool must be set aside to be applied as soon as practicable after the end of each half-yearly period as follows:

(ai) firstly, in payment of the GST in respect of the net gambling revenue; and (i) secondly, in payment of such amount, as the Minister directs, towards the administrative and operating expenses (excluding the GST referred to in subparagraph (ai)) of TAB; and (ii) thirdly, in payment into a fund to be applied towards the capital expenses of TAB of an amount equal to one per cent of the totalizator pool; and (iia) fourthly, in payment of an amount equal to six per cent of the net gambling revenue into the Recreation and Sport Fund; and (iii) fifthly, the balance (if any) must be paid into the Recreation and Sport Fund; and

* * * * * * * * * *

(b) subject to the rules, the balance of the totalizator pool must be applied in the payment of dividends.

(1a) The regulations may prescribe percentages for the purposes of subsection (1)(a) that vary according to the event or combination of events to which they are expressed to apply or any other factor.

(2) In this section—

"half-yearly period" means a period of 6 months commencing on 1 January or 1 July in a

calendar year;

"net gambling revenue" means the 20 per cent of a totalizator pool referred to in paragraph (a)

of subsection (1).

Agreement with interstate or overseas totalizator authority

84K. (1) TAB may, with the approval of the Minister, enter into an agreement with an interstate or overseas totalizator authority to act as the agent of the interstate or overseas totalizator authority in accepting totalizator bets for the formation of sporting totalizator pools by the interstate or overseas totalizator authority under the law of another State or Territory or another country.

(2) An agreement referred to in subsection (1) may apply in relation to any kind of totalizator

bets.

(3) An agreement referred to in subsection (1) cannot be made and does not remain in force if the law for the time being of the State, Territory or other country in which the interstate or overseas totalizator authority is entitled to conduct totalizator betting—

(a)	does not include a provision under which a percentage (being a percentage within a prescribed range) of the amount of the bets accepted by TAB under the agreement either must or may be deducted from those bets; or
(b)	prevents the execution or operation of the agreement in accordance with subsection (5).

(4) The prescribed range of percentages referred to in subsection (3)(a) is 0 to 20 per cent.

(5) Subject to subsection (6), an agreement referred to in subsection (1) must provide that TAB is entitled—

(a)	to the amount referred to in subsection (3)(a) that is deducted from the amount of the bets accepted by TAB; and
(b)	to all fractions not included in dividends on bets accepted by TAB; and
(c)	to unclaimed dividends on bets accepted by TAB.

(6) An agreement referred to in subsection (1) may provide that the amount that TAB would otherwise be entitled to under subsection (5)(a) may be reduced—

(a)	by the amount of a fee to be paid by TAB to the interstate or overseas totalizator authority pursuant to the agreement; and
(b)	where the law of the State, Territory or other country in which the interstate or overseas totalizator authority is entitled to conduct totalizator betting provides for a minimum dividend of 50 cents, by an amount necessary to increase a dividend to 50 cents.

(7) The amount to which TAB is entitled under subsection (5)(a) must be applied by TAB in accordance with section 84J.

(8) In this section—

"overseas totalizator authority" means a body or person who is entitled under the law of

another country to conduct totalizator betting in that country;

"sporting totalizator pool" means the amount of totalizator bets made on the result of a

sporting event (including a football match but not including a race).

* * * * * * * * * *

PART 3A

FIXED ODDS BETTING WITH INTERSTATE OR OVERSEAS AUTHORITY

Agreement with interstate or overseas authority

84L. (1) TAB may, with the approval of the Minister, enter into an agreement with an interstate or overseas authority to act as the agent of the interstate or overseas authority in accepting fixed odds bets on sporting or other events (including football matches but not including races) by the interstate or overseas authority under the law of another State, Territory or country.

(2) An agreement referred to in subsection (1) cannot be made and does not remain in force if the law for the time being of the State, Territory or other country in which the interstate or overseas authority is entitled to conduct betting prevents the execution or operation of the agreement in accordance with subsection (3).

(3) Subject to subsection (4), an agreement referred to in subsection (1) must provide that TAB is entitled—

(a)	to the amount of the bets accepted by TAB remaining after payment of dividends on those bets; and
(b)	to unclaimed dividends on bets accepted by TAB.

(4) An agreement referred to in subsection (1) may provide that the amount that TAB would otherwise be entitled to under subsection (3)(a) may be reduced—

(a)	by the amount of a fee to be paid by TAB to the interstate or overseas authority pursuant to the agreement; and
(b)	by an amount that is payable by TAB to the interstate or overseas authority pursuant to the agreement where the amount of the bets accepted by TAB on a sporting or other event is less than the dividends payable on those bets.

(5) In this section—

"interstate authority" means a body or person who is entitled under the law of another State or Territory of the Commonwealth to conduct fixed odds betting in that State or Territory on sporting or other events;

s. 11(a); repealed by 67, 1997, s. 16

definition of "betting" inserted by 67, 1997, s. 16

definition of "the Board" substituted by 91, 1988, s. 22; repealed

by 15, 1996, s. 21(a)

definition of "cash bet" inserted by 29, 1993, s. 12(a)

definition of "coursing event" repealed by 29, 1993, s. 12(b)

definition of "coursing ground" repealed by 29, 1993, s. 12(c)

definition of "coursing meeting" repealed by 29, 1993, s. 12(d)

definition of "the chairman" repealed by 15, 1996, s. 21(a)

definition of "foot race" inserted by 98, 1982, s. 2(a)

definition of "foot racing ground" inserted by 98, 1982, s. 2(a)

definition of "foot race meeting" inserted by 98, 1982, s. 2(a)

definition of "member" repealed by 15, 1996, s. 21(a)

definition of "prescribed foot race meeting" inserted by 98, 1982,

s. 2(b)

definition of "race" amended by 98, 1982, s. 2(c); 29, 1993,

s. 12(e)

definition of "racecourse" amended by 98, 1982, s. 2(d);

29, 1993, s. 12(f)

definition of "race meeting" amended by 98, 1982, s. 2(e);

29, 1993, s. 12(g)

definition of "racing club" amended by 98, 1982, s. 2(f);

29, 1993, s. 12(h)

definition of "registered premises" amended by 29, 1991, s. 7(b);

25, 1994, s. 11(b); 15, 1996, s. 21(b); 59, 2000, s. 21(b)

Section 86:	substituted by 91, 1988, s. 23; repealed by 15, 1996, s. 22
Sections 87 - 92:	repealed by 15, 1996, s. 22
Section 93:	amended by 29, 1991, s. 8; 25, 1994, s. 12; repealed by

15, 1996, s. 22

Sections 94 - 97:	repealed by 15, 1996, s. 22
Section 98:	substituted by 15, 1996, s. 23; repealed by 59, 2000, s. 22
Section 99:	repealed by 15, 1996, s. 23
Section 100(1):	amended by 114, 1980, s. 9; 15, 1996, s. 24(a); 59, 2000, s. 23
Section 100(1)(c):	repealed by 114, 1980, s. 9
Section 100(1a):	inserted by 91, 1988, s. 24
Section 100(2):	substituted by 29, 1993, s. 13
Section 100(3):	repealed by 29, 1991, s. 9
Section 100(4):	repealed by 15, 1996, s. 24(b)
Section 101(1) and (2):	amended by 15, 1996, s. 25; 59, 2000, s. 24
Section 102(1) and (2):	amended by 15, 1996, s. 26; 59, 2000, s. 25
Section 103(1):	substituted by 15, 1996, Sched. 1
Section 103(2) and (3):	amended by 15, 1996, s. 27(a); 59, 2000, s. 26(a)
Section 103(4):	amended by 15, 1996, s. 27(b); 59, 2000, s. 26(b)
Section 103(5):	inserted by 91, 1988, s. 25
Section 104(1):	amended by 15, 1996, s. 28; 59, 2000, s. 27
Section 104(2):	amended by 15, 1996, Sched. 1
Section 104A:	inserted by 91, 1988, s. 26
Section 104A(1):	amended by 15, 1996, s. 29(a); 59, 2000, s. 28(a)
Section 104A(2):	amended by 15, 1996, s. 29(b); 59, 2000, s. 28(b)
Section 105(1):	amended by 29, 1991, s. 10; 25, 1994, s. 13; 15, 1996, s. 30(a);

59, 2000, s. 29

Section 105(2):	repealed by 83, 1982, s. 2
Section 105(3):	repealed by 15, 1996, s. 30(b)
Section 106(1) and (2):	amended by 15, 1996, s. 31; 59, 2000, s. 30
Section 107(1) and (2):	amended by 15, 1996, s. 32; 59, 2000, s. 31
Section 108:	amended by 91, 1988, Sched.; 15, 1996, Sched. 1
Section 109(1):	substituted by 15, 1996, Sched. 1
Section 109(2) and (3):	amended by 15, 1996, s. 33(a); 59, 2000, s. 32(a)
Section 109(4):	amended by 15, 1996, s. 33(b); 59, 2000, s. 32(b)
Section 110(1):	amended by 15, 1996, s. 34; 59, 2000, s. 33
Section 110(2):	amended by 15, 1996, Sched. 1
Section 111:	amended by 29, 1993, s. 14
Section 112(1):	amended by 29, 1991, s. 11(a); substituted by 25, 1994, s. 14; amended by 15, 1996, s. 35(a); 67, 1997, s. 17(a); 59, 2000, s. 34(a)
Section 112(1a):	inserted by 29, 1993, s. 15(a)
Section 112(2):	amended by 29, 1993, s. 15(b); 15, 1996, s. 35(b), Sched. 1;

59, 2000, s. 34(b)

Section 112(2a):	inserted by 67, 1997, s. 17(b); substituted by 59, 2000, s. 34(c)
Section 112(3):	amended by 15, 1996, s. 35(b); 59, 2000, s. 34(d), (e)
Section 112(4):	amended by 15, 1996, s. 35(b); 59, 2000, s. 34(d)
Section 112(5):	amended by 98, 1982, s. 3; substituted by 29, 1991, s. 11(b); amended by 29, 1993, s. 15(c); 15, 1996, s. 35(b); 59, 2000, s. 34(d)
Section 112(6):	inserted by 29, 1993, s. 15(d); amended by 15, 1996, s. 35(a);

59, 2000, s. 34(f)

Section 112A:	inserted by 71, 1984, s. 7; substituted by 29, 1993, s. 16
Section 112A(1) and (2):	amended by 15, 1996, s. 36(a); 59, 2000, s. 35(a)
Section 112A(3):	repealed by 59, 2000, s. 35(b)
Section 112A(4):	amended by 15, 1996, s. 36(a), (b); 59, 2000, s. 35(c)-(e)
Section 112A(5):	amended by 15, 1996, s. 36(a); 59, 2000, s. 35(f)
Section 112A(7):	inserted by 15, 1996, s. 36(c)
Section 112B:	inserted by 29, 1993, s. 16; amended by 15, 1996, s. 37;

59, 2000, s. 36

Section 113:	amended by 29, 1991, s. 12; 29, 1993, s. 17; 25, 1994, s. 15; 15, 1996, Sched. 1; 59, 2000, s. 37; repealed by 64, 2001, s. 6
Section 114(1):	amended by 114, 1980, s. 10(a)-(d); 7, 1983, s. 5; 25, 1994, s. 16(a), (b); 15, 1996, s. 38(a), Sched. 1; 67, 1997, s. 18(a); 59, 2000, s. 38(a); repealed by 64, 2001, s. 7(a)
Section 114(2):	amended by 15, 1996, Sched. 1; repealed by 64, 2001, s. 7(a)
Section 114(3):	amended by 114, 1980, s. 10(e); substituted by 29, 1991, s. 13; 25, 1994, s. 16(c); amended by 15, 1996, s. 38(a); substituted by 67, 1997, s. 18(b); amended by 59, 2000, s. 38(a); 64, 2001, s. 7(b), (c)
Section 114(4):	inserted by 29, 1991, s. 13; amended by 25, 1994, s. 16(d);

15, 1996, s. 38(a), (b); 59, 2000, s. 38(b), (c)

Section 114(4a):

inserted by 29, 1993, s. 18(a)

Section 114(5):

inserted by 29, 1991, s. 13; amended by 29, 1993, s. 18(b);

25, 1994, s. 16(e); 15, 1996, s. 38(a), (b), Sched. 1; 67, 1997,

s. 18(c); 59, 2000, s. 38(d)-(f); repealed by 64, 2001, s. 7(d)

Section 114A:

inserted by 26, 2000, s. 11

Section 114A(1):

amended by 59, 2000, s. 39(a), (b)

Section 114A(2):

amended by 59, 2000, s. 39(b)

Section 115:

amended by 114, 1980, s. 11; 29, 1991, s. 14; substituted by 29, 1993, s. 19; amended by 25, 1994, s. 17; 15, 1996, Sched. 1

Section 116(1):

amended by 114, 1980, s. 12; 29, 1993, s. 20; 15, 1996, s. 39,

Sched. 1; 59, 2000, s. 40

Section 116(2):	amended by 15, 1996, s. 39, Sched. 1; 59, 2000, s. 40
Section 116(3):	amended by 15, 1996, Sched. 1
Section 117:	substituted by 114, 1980 s. 13
Section 117(1):	repealed by 15, 1996, s. 40(a)
Section 117(1a):	inserted by 29, 1993, s. 21(a); amended by 15, 1996,

s. 40(b), (c); 59, 2000, s. 41

Section 117(2):	amended by 29, 1993, s. 21(b); repealed by 15, 1996, s. 40(d)
Section 117(3):	amended by 29, 1984, s. 2(a), (b); 53, 1988, s. 2(a), (b); 91, 1988, Sched.; 29, 1993, s. 21(c); repealed by 15, 1996, s. 40(d)
Section 117(4):	amended by 29, 1984, s. 2(c); 53, 1988, s. 2(c); 91, 1988,

Sched.; repealed by 15, 1996, s. 40(d)

Section 118(1): amended by 29, 1991, s. 15; 25, 1994, s. 18; 15, 1996, Sched. 1;

67, 1997, s. 19

Section 118(2) and (3):	amended by 15, 1996, Sched. 1
Section 118(4):	repealed by 114, 1980, s. 14
Section 118(5):	amended by 15, 1996, Sched. 1
Section 119(1):	amended by 91, 1988, Sched.; 29, 1991, s. 16(a); 25, 1994,

s. 19(a); 15, 1996, Sched. 1; 67, 1997, s. 20(a)

Section 119(2):	amended by 15, 1996, Sched. 1
Section 119(3):	amended by 91, 1988, Sched.; 29, 1991, s. 16(b); substituted by

25, 1994, s. 19(b); 15, 1996, Sched. 1; 67, 1997, s. 20(b)

Section 119(3a):

inserted by 25, 1994, s. 19(b)

definition of "races or approved events" substituted by 67, 1997,

s. 20(c)

Section 119(4):	substituted by 15, 1996, Sched. 1
Section 120(1):	amended by 29, 1991, s. 17; 25, 1994, s. 20; 15, 1996, s. 41;

67, 1997, s. 21; 59, 2000, s. 42(a), (b)

Section 120(2):	amended by 15, 1996, s. 41, Sched. 1; 59, 2000, s. 42(a), (c)
Section 120(3):	amended by 15, 1996, s. 41; 59, 2000, s. 42(a)
Section 120(4):	amended by 15, 1996, s. 41, Sched. 1; 59, 2000, s. 42(a)
Section 120(5):	amended by 29, 1993, s. 22; 15, 1996, Sched. 1
Section 121(1):	amended by 15, 1996, s. 42(a), (b), Sched. 1; 59, 2000,

s. 43(a)-(c)

Section 121(2):	substituted by 15, 1996, s. 42(c); amended by 59, 2000, s. 43(d)
Sections 122 and 123:	repealed by 15, 1996, s. 43
Section 124(1):	amended by 114, 1980, s. 15; amended and redesignated as s. 124(1) by 29, 1993, s. 23; amended by 15, 1996, s. 44(a)-(c); 59, 2000, s. 44(a), (b)
Section 124(2):	inserted by 29, 1993, s. 23(b); amended by 15, 1996, s. 44(d);

59, 2000, s. 44(c)

Part 5 comprising ss. 125 - 144 and heading amended by 7, 1983, ss. 6, 7; 71, 1984, s. 8; 91, 1988, ss. 27-30; 87, 1991, ss. 24-28; repealed by 15, 1996, s. 45; comprising ss. 125 - 127 and heading inserted by 59, 2000, s. 45

Section 145:	repealed by 41, 1992, s. 8
Section 146(1):	amended by 15, 1996, Sched. 1
Section 146(2):	amended by 114, 1980, s. 16; 41, 1992, s. 9; 15, 1996, Sched. 1
Section 146(2)(b):	repealed by 15, 1996, Sched. 1
Section 146(3):	amended by 15, 1996, Sched. 1
Section 146A:	inserted by 87, 1981, s. 29; amended by 91, 1988, s. 31;

15, 1996, s. 46; substituted by 59, 2000, s. 46

Section 147: amended by 91, 1988, Sched.; substituted by 15, 1996, Sched. 1;

repealed by 59, 2000, s. 47

Section 148:	amended by 15, 1996, Sched. 1; repealed by 59, 2000, s. 47
Section 148A:	inserted by 67, 1997, s. 22
Section 149(1):	amended by 91, 1988, Sched.; 15, 1996, Sched. 1
Section 149(2):	substituted by 15, 1996, Sched. 1
Section 149(3):	amended by 91, 1988, Sched.; 15, 1996, Sched. 1
Sections 150 and 151:	repealed by 15, 1996, Sched. 1
Section 152:	substituted by 15, 1996, Sched. 1
Schedules 1 and 2:	repealed by 59, 2000, s. 48
Schedule 3:	inserted by 41, 1992, s. 10; amended by 4, 1996, s. 7; repealed

by 59, 2000, s. 48