Racing Acts (Amendment) Act 2002 (Vic)

No judgment structure available for this case.

Racing Acts (Amendment) Act 2002

Act No. 19/2002

TABLE OF PROVISIONS

Section Page

PART 1—PRELIMINARY 1

1. Purposes 1
2. Commencement 2

PART 2—AMENDMENTS TO THE RACING ACT 1958 3

3. Definition 3
4. Betting at licensed race-course 3
5. Review by VCAT of certain approvals 3
6. Substitution of Part heading 4
7. Definitions for Part IV 4
8. Bookmakers and Bookmakers' Clerks Registration Committee 5
9. Registration of bookmakers 5
10. Betting with persons not on a race-course 6
11. Insertion of new sections 86B and 86C 6

86B. Approval of bookmakers to be in partnerships 6
86C. Approval of companies to act as bookmakers 8

12. Registration of bookmakers' clerks 10
13. Penalty in lieu of revocation or suspension 12
14. Issue of certificates before period of currency 13
15. Requirements for bookmakers and clerks to carry on business 13
16. Production of documents by bookmakers and clerks 14
17. Guarantee of bookmakers against defaults in payment of
wagers 15
18. Insertion of new section 96AA 18

96AA. Transitional provision for change in membership
of Committee—Racing Acts (Amendment)

Act 2002 18

19. Insertion of new section 96C 18

96C. Transitional provision for change of expiry date
of certificates of registration—Racing Acts

(Amendment) Act 2002 18

i

Section Page
PART 3—AMENDMENTS TO THE LOTTERIES GAMING AND

BETTING ACT 1966 20

20. Definitions 20
21. Non-application of section 15 20
22. No place to be kept for purpose of betting 21
23. Restrictions on publication etc. of information concerning
betting etc. 21
PART 4—AMENDMENT TO THE VICTORIA RACING CLUB

ACT 1871 22

24. Removal of borrowing restriction on Victoria Racing Club 22

═══════════════

ENDNOTES 23

ii

Victoria

No. 19 of 2002

Racing Acts (Amendment) Act 2002†

[Assented to 21 May 2002]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes
The purposes of this Act are—

(a)

to amend the Racing Act 1958 to provide for the approval of the entering into of certain classes of partnerships by bookmakers; and

(b)

to amend the Racing Act 1958 to provide for the approval of certain classes of companies acting as bookmakers; and
Racing Acts (Amendment) Act 2002

s. 2	Act No. 19/2002

(c)

to make other amendments to the Racing Act 1958; and

(d)

to make consequential amendments to the Lotteries Gaming and Betting Act 1966; and

(e)

to amend The Victoria Racing Club Act 1871 to remove the borrowing restriction on the Victoria Racing Club.

2. Commencement
(1) Subject to sub-section (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 July 2003, it comes into
operation on that day.

__________________
Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 3

PART 2—AMENDMENTS TO THE RACING ACT 1958

See:

3. Definition Act No.
6353/1958.

In section 3(1) of the Racing Act 1958 insert the Reprint No. 11
following definition— as at
3 July 2000

' "approved bookmaking company" has the same meaning as in Part IV;'.

and
amending

Act Nos 74/2000,

11/2001, 16/2001,
35/2001 and
72/2001.
LawToday:

dpc.vic.
gov.au

4. Betting at licensed race-course
(1) In section 4(2) of the Racing Act 1958, after
"bookmaker registered under Part IV" insert "or
an approved bookmaking company".

(2) After section 4(2) of the Racing Act 1958

insert—
"(2A) If a betting-ticket for a bet is issued in the

trading name of a partnership of
bookmakers, for the purposes of sub-section
(2) the bet is deemed to be made with a
bookmaker registered under Part IV, if the
members of the partnership are all
bookmakers registered under Part IV, each of
whom has approval under section 86B to be
a member of that partnership.".

5. Review by VCAT of certain approvals
In section 83P of the Racing Act 1958, in the
definition of "bookmaking licence", after
"Part IV" insert "or any approval under section
86B, 86C or 87(4B)(c) by the Bookmakers and
Bookmakers' Clerks Registration Committee".
Racing Acts (Amendment) Act 2002

s. 6	Act No. 19/2002

6. Substitution of Part heading
For the heading to Part IV of the Racing Act 1958
substitute "PART IV—REGISTRATIONS
AND APPROVALS RELATING TO
BOOKMAKERS AND BOOKMAKERS'
CLERKS".

7. Definitions for Part IV

In section 84 of the Racing Act 1958—

(a) insert the following definitions—
' "approved bookmaking company" means
a company approved under
section 86C;

"trading bookmaking partnership" means a partnership under the trading name of which bets are taken.';
(b) in the definition of "bookmaker"—
(i) for "on his own account" substitute "on the person's own account";
(ii) for "his livelihood" substitute "a livelihood";

(c)

in the definition of "bookmaker's clerk", for "his business" substitute "the bookmaker's business";

(d)

in the definition of "club bookmaker's licence", for "his business or vocation as a bookmaker" substitute "the business or vocation of bookmaking";

(e)

in the definition of "racing club", for "the Harness Racing Board and the Greyhound Racing Control Board" substitute "Harness
Racing Victoria and Greyhound Racing
Victoria".
Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 8

8. Bookmakers and Bookmakers' Clerks Registration Committee

In section 85 of the Racing Act 1958—

(a)

in sub-section (2), for "seven members" substitute "eight members";

(b)

in sub-section (2)(f), for "Limited." substitute "Limited;";
(c) after sub-section (2)(f) insert—
"(g) one shall be a person appointed by the

Governor in Council on the
recommendation of the Minister, being
a person who has expertise in corporate
law and finance.";

(d)

in sub-section (5), for "three members" substitute "four members".

9. Registration of bookmakers
(1) In section 86(1) of the Racing Act 1958 omit "in
the prescribed form".

(2) After section 86(1) of the Racing Act 1958

insert—
"(1A) An application under sub-section (1) must—

(a) be in or to the like effect of the form approved by the Committee; and
(b) be accompanied by any additional information in connection with the application that the Committee
requires.".

(3) In section 86(4)(a) of the Racing Act 1958, for "November in the third year following the issue thereof " substitute "September in the year
specified by the Committee, but in any case no
later than the third anniversary of the issue of the
certificate".
Racing Acts (Amendment) Act 2002

s. 10

Act No. 19/2002

10. Betting with persons not on a race-course
In section 86A(1) of the Racing Act 1958, after
"registered under this Part" insert "or by approved
bookmaking companies".

11. Insertion of new sections 86B and 86C
After section 86A of the Racing Act 1958 insert—

"86B. Approval of bookmakers to be in

partnerships
(1) A bookmaker must not be a member of—
(a) a trading bookmaking partnership; or

(b) any other partnership where the business of that bookmaker as a bookmaker or any substantive parts of
that business are conducted jointly with
other persons—
unless that bookmaker has the approval of the Committee under this section to do so.

(2) A person who is a bookmaker registered

under this Part may apply in writing to the the following—

(a) to be a member of a trading bookmaking partnership; or
(b)
where the business of that bookmaker
to be a member of any other partnership of that business are conducted jointly with other bookmakers.

(3) An application under sub-section (2) must—

(a)

be in or to the like effect of the form approved by the Committee; and

Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 11

(b) be accompanied by any additional information in connection with the application that the Committee
requires.

(4) The Committee, in its absolute discretion,
may grant or, without cause shown, refuse an application under sub-section (2) and may at any time, without cause shown, revoke or
vary an approval granted under this section.
(5) An approval under this section ceases to have effect—

(a)

on the expiry of 30 September in the year specified by the Committee, but in any case no later than the third anniversary of the granting of the approval; or

(b)

on the revocation of the approval by the Committee; or

(c)

on the surrender of the approval by the registered bookmaker to the Committee; or

(d)

on the certificate of registration as a bookmaker issued under this Part to the bookmaker ceasing to have effect; or

(e)

on the certificate of registration as a bookmaker issued under this Part to any other bookmaker who is a member of the partnership ceasing to have effect—

whichever is the earliest.

(6) The Committee may suspend an approval

under this section, and during the period of
such suspension the approval has no force or
effect.

Racing Acts (Amendment) Act 2002

s. 11

Act No. 19/2002

(7) The Committee may impose a condition on an approval under this section either on or after the granting of the application for the approval.
(8) The Committee may vary or revoke a
condition on an approval under this section.

86C. Approval of companies to act as

bookmakers
(1) A company—

(a) that is a proprietary company within the meaning of the Corporations Act and that is taken to be registered in Victoria for the purposes of that Act; and
(b)
of which all the directors and under this Part—

may apply in writing to the Committee for approval to act as a bookmaker under this Part.
(2) An application under sub-section (1) must—

(a) be in or to the like effect of the form approved by the Committee; and
(b) be accompanied by any additional information in connection with the application that the Committee
requires.

(3) The Committee, in its absolute discretion
may grant or, without cause shown, refuse an application under sub-section (1) and may at any time, without cause shown, revoke or
vary any approval granted under this section.

Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 11
(4) An approval under this section ceases to have effect—

(a)

on the expiry of 30 September in the year specified by the Committee, but in any case no later than the third anniversary of the granting of the approval; or

(b)

on the revocation of the approval by the Committee; or

(c)

on the surrender of the approval by the company to the Committee; or

(d)

on the certificate of registration as a bookmaker issued under this Part to a director of the company ceasing to have effect; or

(e)

on the certificate of registration as a bookmaker issued under this Part to a shareholder of the company ceasing to have effect—

whichever is the earliest.

(5) An approval under this section may be
limited in application in relation to—

(a)

the whole or any specified part or parts of any specified race-course or race- courses or sports ground or sports grounds or any class of race-courses or sports grounds; or

(b)

any specified class of race-meetings or sports; or
(c) any specified class or classes of betting.

Racing Acts (Amendment) Act 2002

s. 12

Act No. 19/2002

(6) The Committee may suspend an approval

under this section, and during the period of
such suspension the approval has no force or
effect.

(7) The Committee may impose a condition on an approval under this section either on or after the granting of the application for the approval.
(8) The Committee may vary or revoke a
condition on an approval under this section.".

12. Registration of bookmakers' clerks
(1) In section 87(1) of the Racing Act 1958 omit "in
the prescribed form".

(2) After section 87(1) of the Racing Act 1958

insert—
"(1A) An application under sub-section (1) must—

(a) be in or to the like effect of the form approved by the Committee; and
(b) be accompanied by any additional information in connection with the application that the Committee
requires.".

(3) In section 87(3)(a) of the Racing Act 1958, for "November in the third year following the issue thereof" substitute "September in the year
specified by the Committee, but in any case no
later than the third anniversary of the issue of the
certificate".

(4) For section 87(4) of the Racing Act 1958

substitute—
"(4) The holder of a certificate of registration as a

bookmaker's clerk who is employed by the
holder of a certificate of registration as a
bookmaker under this Part may—

Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 12

(a)
bookmaker, issue and cancel any
in the presence of the registered made by the registered bookmaker; or

(b)

subject to any conditions that the Committee thinks fit, carry on the business of the registered bookmaker if
the registered bookmaker is at the same
time carrying on business as a
bookmaker on another part of the same
race-course or sports ground.
(4A) The holder of a certificate of registration as a
bookmaker's clerk who is employed in the name of a trading bookmaking partnership may—

(a) in the presence of any member of the partnership, issue and cancel any betting-ticket in respect of any bet made in the name of the partnership; or
(b) subject to any conditions that the Committee thinks fit, carry on the business of any member of the
partnership if that member is, at the same time, carrying on business as a bookmaker on another part of the same
race-course or sports ground.

(4B) The holder of a certificate of registration as a

bookmaker's clerk who is employed by an
approved bookmaking company may—

(a)
shareholder of the approved
bookmaking company, issue and cancel
in the presence of a director or a made by the approved bookmaking company; or

Racing Acts (Amendment) Act 2002

s. 13

Act No. 19/2002

(b) subject to any conditions that the Committee thinks fit, carry on the business of the approved bookmaking
company if a director or a shareholder of the approved bookmaking company is at the same time carrying on business
as a bookmaker on another part of the same race-course or sports ground; or

(c) subject to any conditions that the Committee thinks fit, carry on the business of the approved bookmaking
company on any race-course or sports ground with the prior written approval of the Committee.".

(5) For section 87(5) of the Racing Act 1958

substitute—
"(5) All bets made and all betting-tickets issued
under this section by a bookmaker's clerk on behalf of a bookmaker registered under this Part or an approved bookmaking company
are as valid and effectual for all purposes—

(a)

as if made or issued by the registered bookmaker or the approved bookmaking company; or

(b)

if a bet made or a ticket issued is made or issued in the name of a trading bookmaking partnership, as if the bet is made or ticket is issued by a registered bookmaker who is a member of that partnership.".

13. Penalty in lieu of revocation or suspension
(1) Insert the following heading to section 87B of the
Racing Act 1958—
"Committee may impose penalty in lieu of revocation or suspension of registration or
approval".

Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 14
(2) After section 87B(1) of the Racing Act 1958
insert—
"(2) In any case where the Committee has power
under this Part to revoke or suspend an approval granted under section 86B the Committee may, in lieu of revoking or suspending the approval, impose a penalty of
not more than 60 penalty units.

(2A) In any case where the Committee has power
under this Part to revoke or suspend an approval granted under section 86C the Committee may, in lieu of revoking or suspending the approval, impose a penalty of
not more than 60 penalty units.".

(3) In section 87B(3) of the Racing Act 1958, after

"registration" insert "or the approval".

14. Issue of certificates before period of currency In section 88 of the Racing Act 1958, for "1 December" (wherever occurring) substitute
"1 October".
15. Requirements for bookmakers and clerks to carry on business
(1) Insert the following heading to section 91 of the
Racing Act 1958—
"Requirements for bookmakers and clerks to
carry on business".

(2) In section 91(1) of the Racing Act 1958—

(a)

for "his business or vocation" substitute "the business or vocation of bookmaking";

(b)

for "unless he holds" substitute "unless the bookmaker";
(c) for paragraph (a) substitute—

Racing Acts (Amendment) Act 2002

s. 16

Act No. 19/2002

"(a) is registered under this Part or is an approved bookmaking company; and";
(d) in paragraph (b)—

(i)
for "a club bookmaker's licence" licence";
(ii) for "him" (where twice occurring) substitute "the bookmaker";

(iii)
for "his business or vocation" bookmaking".

(3) In section 91(2) of the Racing Act 1958—

(a) for "his" substitute "his or her";

(b)

for "holds a bookmaker's clerk's certificate issued to him which is in force" substitute "or she is registered under this Part".

16. Production of documents by bookmakers and clerks

(1) Insert the following heading to section 92 of the
Racing Act 1958—
"Production of documents by bookmakers and
clerks".

(2) In section 92 of the Racing Act 1958—

(a)

for "or bookmaker's clerk carrying on his business or vocation" substitute "carrying on the business or vocation of bookmaking or bookmaker's clerk carrying on the business or vocation of being a bookmaker's clerk";

(b)

for "inspection every relevant certificate and licence required by section 91 to be held by him." substitute "inspection—

(a)

any evidence of registration required under section 91; and

Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 17

(b) any licence required to be held under section 91.".

17. Guarantee of bookmakers against defaults in payment

of wagers
(1) In section 94A(1AA) of the Racing Act 1958, in
the definition of "determined amount" after
"bookmaker" (where twice occurring) insert
", class of approved bookmaking company".
(2) In section 94A(1) of the Racing Act 1958—

(a)

for '(in this section called "the company")' substitute '(in this section called "the Company")';

(b)

for "the company" (wherever otherwise occurring) substitute "the Company";

(c)

after "substitutes" insert "or approved bookmaking companies".

(3) In section 94A(2) of the Racing Act 1958, for
"the company" substitute "the Company".
(4) In section 94A(2A) of the Racing Act 1958—

(a)

for "the company" substitute "the Company";
(b) in paragraph (a)—
(i) after "who" insert ", or approved bookmaking company that,";

(ii) after "bookmaker" (where secondly
occurring) insert "or approved
bookmaking company";
(iii) in sub-paragraphs (i) and (ii), after "bookmaker" (wherever occurring)

Racing Acts (Amendment) Act 2002

s. 17	Act No. 19/2002
insert "or approved bookmaking company";

(c)
in paragraph (b), after "bookmaker" bookmaking company".
(5) In section 94A(2B)(b) of the Racing Act 1958,
after "bookmaker" insert "or approved
bookmaking company".
(6) After section 94A(2B) of the Racing Act 1958

insert—
"(2C) If an Order is made under sub-section (2B),
the Order is to be taken not to apply in respect of any wager made before the commencement of that Order.".

(7) In section 94A(3) of the Racing Act 1958, for
"the company" substitute "the Company".
(8) In section 94A(4) of the Racing Act 1958—
(a) after "If a" insert "registered";

(b)

after "substitute," insert "or an approved bookmaking company";

(c)

for "the company" (where twice occurring) substitute "the Company".

(9) In section 94A(5) of the Racing Act 1958—

(a) after "amount to the" (where twice occurring) insert "registered";
(b)
after "substitute," (where twice occurring) company,".

(10) In section 94A(5A) of the Racing Act 1958—

(a)

after "bookmaker" (where first occurring) insert "or the approval of an approved bookmaking company";

Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 17
(b) in paragraph (b)—
(i) after "with the" insert "registered";
(ii) after "substitute," insert "or the approved bookmaking company,".

(11) In section 94A(5B) of the Racing Act 1958—
(a) after "wager with a" insert "registered";

(b)
after "substitute," (where first occurring) company,";

(c)
in paragraph (b)(i), after "registration" insert approval,";
(d) in paragraph (b)(ii)—
(i) after "amount to the" insert "registered";
(ii) after "substitute," insert "or the approved bookmaking company,".

(12) In section 94A(5D) of the Racing Act 1958—
(a) after "about a" insert "registered";

(b)

after "substitute," insert "or an approved bookmaking company,";

(c)

for "the company" (where twice occurring) substitute "the Company".

(13) In section 94A(6) of the Racing Act 1958, for
"the company" substitute "the Company".

(14) In section 94A(7) of the Racing Act 1958—

(a) after "made by a" insert "registered";

(b)

after "substitute," insert "or an approved bookmaking company,";
Racing Acts (Amendment) Act 2002

s. 18

Act No. 19/2002

(c) for "the company" substitute "the Company".
(15) In section 94A(8) and (9) of the Racing Act 1958, for "the company" substitute "the Company".

18. Insertion of new section 96AA
In Part V of the Racing Act 1958, after section 96 insert—

"96AA. Transitional provision for change in

membership of Committee—Racing Acts
(Amendment) Act 2002
The Bookmakers and Bookmakers' Clerks same body despite the change to its membership made by section 8 of the Racing Acts (Amendment) Act 2002.".

19. Insertion of new section 96C
In Part V of the Racing Act 1958, after section 96B insert—
"96C. Transitional provision for change of expiry date of certificates of registration—Racing Acts (Amendment) Act 2002
(1) Any certificate of registration as a

bookmaker issued under Part IV and in force
at the commencement of section 9(3) of the
Racing Acts (Amendment) Act 2002 is
deemed to cease to have effect on
30 September 2004 unless the certificate is
sooner revoked by the Committee or sooner
surrendered to the Committee.

(2) Any certificate of registration as a

bookmaker's clerk issued under Part IV and
in force at the commencement of section

Racing Acts (Amendment) Act 2002

Act No. 19/2002

12(3) of the Racing Acts (Amendment) Act
2002 is deemed to cease to have effect on
30 September 2004 unless the certificate is
sooner revoked by the Committee.".

__________________
Racing Acts (Amendment) Act 2002

s. 20

Act No. 19/2002

PART 3—AMENDMENTS TO THE LOTTERIES GAMING

AND BETTING ACT 1966

See:	20. Definitions
Act No.
7429/1966.
Reprint No. 8	In section 3 of the Lotteries Gaming and Betting
as at	Act 1966 insert the following definitions—
4 February
1999
and	' "approved bookmaking company" has the
amending	same meaning as it has in Part IV of the
Act Nos
73/2000,	Racing Act 1958;
74/2000,
11/2001 and	"registered bookmaker" means the holder of a
16/2001.	current certificate of registration as a
LawToday:
bookmaker under Part IV of the Racing Act
dpc.vic.	1958;'.
gov.au

21. Non-application of section 15
In section 16(1) of the Lotteries Gaming and
Betting Act 1966—
(a) in paragraph (b)—
(i) for "bookmaker registered under Part IV of the Racing Act 1958" substitute "registered bookmaker or an
approved bookmaking company";
(ii) for "his or her" substitute "the bookmaker's";

(b) after paragraph (b) insert—

"(ba) to any bet made in the name of a
the meaning of Part IV of the Racing

trading bookmaking partnership (within have approval to be members of that partnership under section 86B of the Racing Act 1958, being a bet made in accordance with section 4 of that Act; or".

Racing Acts (Amendment) Act 2002

Act No. 19/2002 s. 22

22. No place to be kept for purpose of betting
In section 17(1)(b) of the Lotteries Gaming and
Betting Act 1966, for "bookmaker registered
under the Racing Act 1958" substitute
"registered bookmaker or an approved
bookmaking company".
23. Restrictions on publication etc. of information concerning betting etc.
(1) In section 40(1) of the Lotteries Gaming and Betting Act 1966, in the second proviso to the sub-section—

(a) for "the holder of a current certificate of registration as a bookmaker under Part IV of the Racing Act 1958 that authorizes the holder" substitute "a registered bookmaker who or an approved bookmaking company that is authorised";
(b) for "made with him" substitute "made with the registered bookmaker or approved bookmaking company".

(2) In section 40(3AA) of the Lotteries Gaming and Betting Act 1966—

(a)

for "bookmaker who" substitute "registered bookmaker who or an approved bookmaking company that";

(b)

for "his or her" substitute "the bookmaker's".

(3) In section 40(3A) of the Lotteries Gaming and
Betting Act 1966—

(a)

for "bookmaker who" substitute "registered bookmaker who or an approved bookmaking company that";
(b) for "he or she" substitute "the bookmaker".

__________________
Racing Acts (Amendment) Act 2002

s. 24

Act No. 19/2002

PART 4—AMENDMENT TO THE VICTORIA RACING CLUB

ACT 1871

See:	24. Removal of borrowing restriction on Victoria Racing
Act No.
398/1871.	Club
Reprint No. 1
as at	In section 26 of The Victoria Racing Club Act
28 November
1996.	1871 omit "not exceeding in the whole at any
LawToday:	time the sum of $10 000 000".
	dpc.vic.
gov.au

═══════════════
Racing Acts (Amendment) Act 2002

Act No. 19/2002 Endnotes

ENDNOTES

†
Minister's second reading speech—
Legislative Assembly: 24 April 2002
Legislative Council: 15 May 2002
The long title for the Bill for this Act was "to amend the Racing Act 1958
to provide for the approval of the entering into of certain classes of
partnerships by bookmakers and the approval of certain classes of
companies acting as bookmakers, to make other amendments to that Act,
to amend the Lotteries Gaming and Betting Act 1966, to amend
The Victoria Racing Club Act 1871 to remove the borrowing restriction
on the Victoria Racing Club and for other purposes."

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Racing Acts (Amendment) Act 2002 (Vic)

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3.	Definition	3
4.	Betting at licensed race-course	3
5.	Review by VCAT of certain approvals	3
6.	Substitution of Part heading	4
7.	Definitions for Part IV	4
8.	Bookmakers and Bookmakers' Clerks Registration Committee	5
9.	Registration of bookmakers	5
10.	Betting with persons not on a race-course	6
11.	Insertion of new sections 86B and 86C	6

86B.	Approval of bookmakers to be in partnerships	6
86C.	Approval of companies to act as bookmakers	8

12.	Registration of bookmakers' clerks	10
13.	Penalty in lieu of revocation or suspension	12
14.	Issue of certificates before period of currency	13
15.	Requirements for bookmakers and clerks to carry on business	13
16.	Production of documents by bookmakers and clerks	14
17.	Guarantee of bookmakers against defaults in payment of
wagers	15
18.	Insertion of new section 96AA	18

Section	Page
PART 3—AMENDMENTS TO THE LOTTERIES GAMING AND
BETTING ACT 1966	20

20.	Definitions	20
21.	Non-application of section 15	20
22.	No place to be kept for purpose of betting	21
23.	Restrictions on publication etc. of information concerning
betting etc.	21

(a)	to amend the Racing Act 1958 to provide for the approval of the entering into of certain classes of partnerships by bookmakers; and
(b)	to amend the Racing Act 1958 to provide for the approval of certain classes of companies acting as bookmakers; and

(c)	to make other amendments to the Racing Act 1958; and
(d)	to make consequential amendments to the Lotteries Gaming and Betting Act 1966; and
(e)	to amend The Victoria Racing Club Act 1871 to remove the borrowing restriction on the Victoria Racing Club.

In section 3(1) of the Racing Act 1958 insert the	Reprint No. 11
following definition—	as at 3 July 2000
' "approved bookmaking company" has the same meaning as in Part IV;'.	and
amending
Act Nos 74/2000,
11/2001, 16/2001,
35/2001 and 72/2001.
LawToday:

dpc.vic.
gov.au

(c)	in the definition of "bookmaker's clerk", for "his business" substitute "the bookmaker's business";
(d)	in the definition of "club bookmaker's licence", for "his business or vocation as a bookmaker" substitute "the business or vocation of bookmaking";
(e)	in the definition of "racing club", for "the Harness Racing Board and the Greyhound Racing Control Board" substitute "Harness
Racing Victoria and Greyhound Racing Victoria".

(a)	in sub-section (2), for "seven members" substitute "eight members";
(b)	in sub-section (2)(f), for "Limited." substitute "Limited;";

(a)	be in or to the like effect of the form approved by the Committee; and
(b)	be accompanied by any additional information in connection with the application that the Committee

(b)	any other partnership where the business of that bookmaker as a bookmaker or any substantive parts of
that business are conducted jointly with other persons—

(2) A person who is a bookmaker registered	under this Part may apply in writing to the the following—
(a)	to be a member of a trading bookmaking partnership; or
(b)	where the business of that bookmaker

(a)	on the expiry of 30 September in the year specified by the Committee, but in any case no later than the third anniversary of the granting of the approval; or
(b)	on the revocation of the approval by the Committee; or
(c)	on the surrender of the approval by the registered bookmaker to the Committee; or
(d)	on the certificate of registration as a bookmaker issued under this Part to the bookmaker ceasing to have effect; or
(e)	on the certificate of registration as a bookmaker issued under this Part to any other bookmaker who is a member of the partnership ceasing to have effect—

(a)	that is a proprietary company within the meaning of the Corporations Act and that is taken to be registered in Victoria for the purposes of that Act; and
(b)

(a)	the whole or any specified part or parts of any specified race-course or race- courses or sports ground or sports grounds or any class of race-courses or sports grounds; or
(b)	any specified class of race-meetings or sports; or

(b)	subject to any conditions that the Committee thinks fit, carry on the business of the registered bookmaker if
the registered bookmaker is at the same time carrying on business as a bookmaker on another part of the same race-course or sports ground.

(a)	in the presence of any member of the partnership, issue and cancel any betting-ticket in respect of any bet made in the name of the partnership; or
(b)	subject to any conditions that the Committee thinks fit, carry on the business of any member of the

(a)	as if made or issued by the registered bookmaker or the approved bookmaking company; or
(b)	if a bet made or a ticket issued is made or issued in the name of a trading bookmaking partnership, as if the bet is made or ticket is issued by a registered bookmaker who is a member of that partnership.".

(a)	for "his business or vocation" substitute "the business or vocation of bookmaking";
(b)	for "unless he holds" substitute "unless the bookmaker";

(a)	for "or bookmaker's clerk carrying on his business or vocation" substitute "carrying on the business or vocation of bookmaking or bookmaker's clerk carrying on the business or vocation of being a bookmaker's clerk";
(b)	for "inspection every relevant certificate and licence required by section 91 to be held by him." substitute "inspection—
(a)	any evidence of registration required under section 91; and

(a)	for '(in this section called "the company")' substitute '(in this section called "the Company")';
(b)	for "the company" (wherever otherwise occurring) substitute "the Company";
(c)	after "substitutes" insert "or approved bookmaking companies".

(b)	after "substitute," insert "or an approved bookmaking company";
(c)	for "the company" (where twice occurring) substitute "the Company".

(a)	after "amount to the" (where twice occurring) insert "registered";
(b)

(a)	for "the holder of a current certificate of registration as a bookmaker under Part IV of the Racing Act 1958 that authorizes the holder" substitute "a registered bookmaker who or an approved bookmaking company that is authorised";
(b)	for "made with him" substitute "made with the registered bookmaker or approved bookmaking company".

(a)	for "bookmaker who" substitute "registered bookmaker who or an approved bookmaking company that";
(b)	for "his or her" substitute "the bookmaker's".