Racing and Betting Act Amendment Act 1971 (No. 2) (Qld)

641 (Qtteettslatut ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 48 of 1971 An Act to Amend the Racing and Betting Act 1954-1971 in certain particulars [ASSENTED TO 1ST NOVEMBER, 1971] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Racing and Betting Act Amendment Act 1971 (No. 2). (2) The Racing and Betting Act 1954-1971 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Racing and Betting Act 1954-1971. 21

642 Racing and Betting Act Amendment Act (No. 2) 1971, No. 48 2. Amendment of s. 3. Section 3 of the Principal Act is amended by- (a) omitting the reference- " PART V-TOTALISATORS (ss. 56-71);" and inserting in its stead the following reference:- PART V-TOTALISATORS: Division I-Regulation of Totalisators (ss. 56-71 s) ; Division II-Racecourse Development and Assistance Fund (ss. 71c-71G); "; (b) inserting after the reference- " Division IV General (ss. 96-104); " the following reference:- " Division V-Bookmakers' Guarantee Scheme (ss. 104A-104H); ". 3. Amendment of Part V. The Principal Act is amended by, in Part V, inserting before section 56 the following heading:- "Division I-Regulation of Totalisators.". 4. Amendment of s. 65 . Section 65 of the Principal Act is amended by- (a) omitting subsection (1)-and inserting in its stead the following subsection:- " (1) There shall be levied and charged to the use of Her Majesty in right of the State and paid by every racing club authorized under this Part to operate totalisators a tax, which shall be known as totalisator tax, and- (a) in the case of a totalisator operated at a race meeting conducted on a racecourse within the Metropolitan Area-shall be six per centum of all moneys paid into each totalisator operated at each race meeting so conducted by the racing club; (b) in the case of a totalisator operated at a race meeting conducted on a Saturday on a racecourse situated in the Local Authority Area of the City of Ipswich- shall be six per centum of all moneys paid into each totalisator operated at each race meeting so conducted by the racing club; (c) in the case of a totalisator operated at a race meeting otherwise than in circumstances to which provision (a) or (b) of this subsection applies-shall be five per centum of all moneys paid into each totalisator operated at each race meeting conducted by the racing club."; (b) in subsection (2), omitting the words " eight and three-quarters per centum " wherever they occur and inserting in their stead in each case the words " nine per centum ". (c) omitting subsection (3), and inserting in its stead the following subsection:- " (3) There shall be levied and charged to the use of Her Majesty in right of the State and paid by every coursing club authorized under this Part to operate totalisators a tax, which shall be known as totalisator tax, and- (a) in the case of a totalisator operated at a coursing meeting conducted on a coursing ground within the

Racing and Betting Act Amendment Act (No. 2) 1971, No. 48 643 Metropolitan Area-shall be six per centum of all moneys paid into each totalisator operated at each coursing meeting so conducted by the coursing club; (b) in the case of a totalisator operated at a coursing meeting conducted on a coursing ground other than a coursing ground within the Metropolitan Area- shall be five per centum of all moneys paid into each totalisator operated at each coursing meeting so conducted by the coursing club."; (d) in subsection (4), omitting the words " eight and three-quarters per centum " and inserting in their stead the words " nine per centum ". 5. Amendment of s. 71A. Section 71A of the Principal Act is amended by, in subsection (6), adding to paragraph (a) the following subparagraph:- " In the case of bets made with the Authority the tax prescribed by section 65 of this Act shall be deemed to be- (i) in respect of a sporting event or sporting events to be decided at a race meeting or coursing meeting in Queensland, tax at the rate per centum prescribed by subsection (1) or, as the case may be, subsection (3) of section 65 of this Act to be payable in respect of a totalisator operated on the racecourse or coursing ground whereon the race meeting or coursing meeting is held; (ii) in respect of a sporting event or sporting events to be decided at a race meeting or coursing meeting elsewhere than in Queensland, tax at the rate of five per centum of the amount of all bets.". 6. Further amendment of Part V. The Principal Act is amended by, in Part V, adding the following heading and sections:- " Division II-Racecourse Development and Assistance Fund 71C. Establishment of fund . (1) There shall be established and maintained at the Treasury a fund, which shall be known as the Racecourse Development and Assistance Fund and in this Division is referred to as the " Fund ". (2) There shall be paid into the Fund- (a) 12.5 per centum of all moneys paid as totalisator tax pursuant to provision (a) or (b) of subsection (1) of section 65 of this Act; (b) 12.5 per centum of all moneys paid as totalisator tax pursuant to provision (a) of subsection (3) of section 65 of this Act; (c) 12.5 per centum of all moneys paid as totalisator tax by the Authority at the rate of six per centum; (d) all moneys being repayments made on account of advances made from the Fund; (e) all moneys paid by way of interest charged on or in connexion with advances made from the Fund; (f) any other moneys appropriated by Parliament to the Fund.

644 Pacing and Betting Act Amendment Act (No. 2) 1971, No. 48 71D. Purposes of Fund . (1) There shall be paid from the Fund moneys duly payable therefrom- (a) by way of advance; (b) to meet the costs and expenses of the Authority in the performance of its duties and functions under this Division. Moneys paid from the Fund shall be paid to the Authority and shall be dealt with by it according to the purpose of the payment. (2) Moneys shall not be payable from the Fund by way of advance unless- (a) they are to be applied- (i) solely in or in connexion with the provision of new facilities or the improvement of existing facilities on a racecourse or coursing ground; or (ii) in assisting a racing club or coursing club during a period of financial difficulty; (b) the Authority is satisfied that the borrower is unable to obtain on reasonable terms moneys for the material purpose from any other source; and (c) the Minister has approved of the making of the advance. 71E. Application for advances . (1) Application for advances from the Fund- (a) may be made on behalf of clubs that conduct race meetings or coursing meetings or on behalf of persons who have control of racecourses or coursing grounds; (b) shall be made to the Authority. (2) Upon receipt by it of an application for an advance from the Fund, the Authority- (a) shall make to the Minister such recommendation as it thinks fit with respect thereto and. if it recommends the making of an advance, with respect to the amount thereof and the terms on which it should be made; (b) shall furnish to the Minister such particulars as he requires of it. 71F. Interest rate on and nature of advance . If the Treasurer approves the making of an advance in a particular case- (a) the rate of interest charged on or in connexion with the advance shall be a variable rate equal to one-half of the rate approved for the time being by the Reserve Bank as the maximum rate of interest chargeable by banks on overdraft accounts; (b) the advance shall be made by the Authority by way of a secured loan subject to such terms as the Minister approves together with such other terms. being terms to which such it loan is commonly subject, as the Authority requires. 71G. Repayment of advances and accounting therefor. (1) All repayments in respect of an advance made by the Authority and all payments of interest charges in connexion therewith shall be made to the Authority.

Racing and Betting Act Amendment Act (No. 2) 1971, No. 48 645 (2) On each quarter day the Authority shall account to the Treasurer for and shall pay into the Fund all moneys received by it by way of repayment or payment on account of advances or of interest charges in connexion therewith during the period of three months then last past. In this subsection the expression " quarter day " means the last day of March, June, September and December in each calendar year. (3) If any borrower from the Authority should make default in the payment of any principal moneys or interest according to the terms of the loan to that borrower the Authority shall not incur any liability for the amount in default until the same has been recovered by it.". 7. Amendment of s. 95A. Section 95A of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (I) There shall be levied and charged to the use of Her Majesty in right of the State and paid by every bookmaker a tax on every bet made by or on behalf of the bookmaker, which tax shall be known as bookmaker's turnover tax, and- (a) in respect of bets lawfully made by a bookmaker in the course of carrying on the business of or acting as a bookmaker on a racecourse or coursing ground within the Metropolitan Area-shall be two per centum of the aggregate of the amounts wagered in all such bets by persons with whom the bookmaker made such bets; (b) in respect of bets lawfully made by a bookmaker in the course of carrying on the business of or acting as a bookmaker on any Saturday on a racecourse in the Local Authority Area of the City of Ipswich when there is conducted on that racecourse a race meeting for galloping horses-shall be two per centum of the aggregate of the amounts wagered in all such bets by persons with whom the bookmaker made such bets. (c) in respect of bets lawfully made by a bookmaker in the course of carrying on the business of or acting as a bookmaker on a racecourse or coursing ground otherwise than in circumstances to which paragraph (a) or (b) of this subsection applies-shall be one and one-half per centum of the aggregate of the amounts wagered in all such bets by persons with whom the bookmaker made such bets.". 3. Amendment of s. 95C. Section 95c of the Principal Act is amended by, in subsection (2). omitting the words " (a) or (b) " and inserting in their stead the words " (a). (b) or (c) ''. 9. Amendment of Part VI. The Principal Act is amended by. in Part VI, inserting after section 104 the following heading and sections: .. Division V-Bookmakers" Guarantee Scheme 104A. Arrangement to accept liability for default. (1) The Minister may enter into an arrangement with an association that represents bookmakers or a class of bookmaker (or with

646 Racing and Betting Act Amendment Act (No. 2) 1971, No. 48 any person on behalf of such an association, as the case requires) that the association shall hold itself liable to make good default by any bookmaker or any bookmaker of a class that the association or any body affiliated with the association claims to represent- (a) in paying bets lawfully made by the bookmaker in respect of any race meeting , coursing meeting , or ' athletic meeting; (b) in paying any amount of bookmaker's turnover tax payable by that bookmaker. (2) An arrangement made under the preceding subsection may be terminated at any time by the Minister or the association concerned by notice in writing given to the secretary of the association or, as the case may be, the Minister, but such termination shall not affect the liability of the association or the power of the Minister to make good any default to which the arrangement applied that occurred before the date of termination. 104B . Restrictions on liability to remedy default. For the purposes of this Division and of an arrangement made under section 104A of this Division the liability accepted by an association- (a) shall be limited to an amount of $5,000 in respect of all defaults made by each bookmaker to whose default the arrangement applies in paying bets lawfully made by him in respect of. any race meeting , coursing meeting, or athletic meeting, or in paying bookmaker's turnover tax payable in respect of bets so made by him; (b) may be made conditional on the bookmaker who has made default having complied with the requirements of membership of the association or of any body affiliated with the association if such requirements apply equally to all persons who seek such membership. 104C. Security to be held by Treasurer . (1) An association that has accepted liability under an arrangement made under section 104A of this Division shall lodge with the Treasurer and, for as long as the. arrangement remains in force, shall there maintain trustee securities in the name of the Treasurer of Queensland to a face-value of $20,000 as security against a failure of the association to meet its liability under the arrangement. (2) For as long as security is held by the Treasurer pursuant to the preceding subsection he shall pay the interest from time to time received by him in respect of the trustee securities so held by him to the association on behalf of which the security is held. 104D. Procedure as to claims . (1) A person who claims to be aggrieved by the default of a bookmaker in paying a bet lawfully made by him in respect of any race meeting, coursing meeting or athletic meeting and who seeks to have the default remedied under this Division, shall by notice in writing furnish particulars of his claim- (a) in the case of a bet in respect of racing of galloping horses, to the principal club concerned with the race meeting in respect of which the bet was made;

Racing and Betting Act Amendment Act (No. 2) 1971, No. 48 647 (b) in the case of a bet in respect of racing of trotting horses, to The Queensland Trotting Board; (c) in the case of a bet in respect of coursing, to the Greyhound Racing Control Board of Queensland; (d) in the case of a bet in respect of a sporting event at an athletic meeting , to the club that conducted the meeting. Where notice of claim is given to the club that conducted an athletic meeting the secretary of the club shall furnish to the Minister a list of all claims so notified together with such evidence relating thereto as is available to him. (2) The secretary of the principal club or board concerned or, in the case of a claim in respect of a bet made in respect of an athletic meeting, the Minister shall cause to be given to the bookmaker who has made default, at his address last known to the secretary or, as the case may be, the Minister, notice of all claims made in respect of his default and shall call for his comments as to the truth and accuracy of the claims. (3) Upon receipt of the comments of the bookmaker who has made default or upon the expiration of fourteen days after the date of the notice, if no reply is received from him in that time- (a) the secretary of the principal club or board concerned shall furnish to the Minister a certificate as to the claims payable and the respective amounts thereof; (b) the Minister may proceed as prescribed by section 104- of this Division. 104E. Remedying bookmaker ' s default . (1) Upon receipt from the prescribed authority of a certificLte that a bookmaker- (a) has made default in paying a bet lawfully made by him in respect of any race meeting . coursing meeting, or athletic meeting; or (b) has made default in paying any bookmaker's turnover . tax payable by him, together with such particulars thereof and certificates as are prescribed or as the Minister requires the Minister may, subject to the last preceding section, make demand in writing on the association which has, under the arrangement with the Minister, accepted liability for such default of the bookmaker for payment by the association to the Minister within fourteen days after the date of the demand of the amount of the default in question. (2) Upon receipt from the association of the amount so demanded the Minister shall cause that amount to be distributed in making good the default of the bookmaker. 104F. Provisions affecting liability to remedy bookmaker's default . (1) Liability accepted by an association under an arrangement with the Minister does not include- (a) liability for any default of a bookmaker who fails to comply with the requirements of membership of the association or of any body affiliated with the association, where compliance with those requirements is a condition of its acceptance of liability duly imposed in accordance with the provision (b) of section 104a of this Division;

648 Racing and Betting Act Amendment Act (No. 2 ) 1971, No. 48 (b) liability for any default of a bookmaker unless a claim in respect thereof is made by the bettor as prescribed- (i) where the amount wagered by the bettor was paid to the bookmaker at the time the bet was made- within thirty days after the date of the race meeting, coursing meeting, or athletic meeting in respect of which the bet was made; (ii) where the amount wagered by the bettor was not paid to the bookmaker at the time the bet was made- within fourteen days after the date of the race meeting, coursing meeting, or athletic meeting in respect of which the bet was made; (c) liability for any amount in excess of the limitation prescribed by provision (a) of section 104B of this Division. (2) Where the total amount of all defaults of a bookmaker in paying bets lawfully made by him in respect of any race meeting, coursing meeting, or athletic meeting, or in paying bookmaker's turnover tax and certified to the Minister by the prescribed authority or, as the case may be, established by the Minister, exceeds the limitation prescribed by provision (a) of section 1043 of this Division the amount of each claim that is to be paid under this Division shall be reduced proportionately so .that such limitation is not exceeded. (3) If a bookmaker contests the existence of any bet or the amount of his liability in respect of any bet or bookmaker's turnover tax and the controlling authority of the principal club or board concerned (where the bet is in respect of racing of galloping horses or trotting horses or coursing) or the Minister (where the bet is in respect of an athletic meeting or the contest concerns bookmaker's turnover tax) is of opinion that there are reasonable _ grounds for the contest no payment shall be made in respect of that bet or liability until the matter is settled between the bookmaker and the bettor concerned or, as the case may be, the Commissioner of Stamp Duties. If the total amount of all defaults of a bookmaker in paying bets lawfully made by him in respect of any race meeting, coursing meeting , or athletic meeting, or in paying bookmaker's turnover tax exceeds the limitation prescribed by provision (a) of section 104a of this Division and includes the amount of a claim that is referable to any bet or tax in respect of which the preceding paragraph requires that no payment be made, the amount of all other claims made against the bookmaker and to be paid under this Division shall be calculated and paid, in the first instance, as if the bet or tax, subject to the contest, were payable as claimed. 104G. Treasurer ' s recourse to security to remedy bookmaker's default . If an association on which the Minister makes demand under section 104E of this Division fails to comply with that demand the Treasurer shall cause to be converted into money so much of the trustee securities held by him as security under section 104c of this Division as will yield sufficient proceeds to make good the default of the bookmaker for which the association is liable in accordance with this Division and the Minister shall distribute the proceeds as if that amount had been paid to him by the association.

Racing and Betting Act Amendment Act (No. 2) 1971, No. 48 649 104H. Meaning of expressions . In this Division- (a) the expression " trustee securities " means any bond, inscribed stock certificate, debenture, receipt or other document that evidences an investment that is an investment of trust funds permitted to a trustee under The Trustees and Executors Acts 1897 to 1964 or under any other Act; (b) the expression " prescribed authority " means- (i) in relation to racing of galloping horses, the principal club concerned with the race meeting in respect of which was made the bet in payment whereof default is made; (ii) in relation to racing of trotting horses, The Queensland Trotting Board; (iii) in relation to coursing, the Greyhound Racing Control Board of Queensland; (iv) in relation to an athletic meeting , the club that conducted the meeting; (v) in relation . to bookmaker's turnover tax, the Commissioner of Stamp Duties.".