Racing and Betting Act Amendment Act 1977 (No. 2) (Qld)

504 kY^E^kY^Z2YktR ANNO VICESIMO SEXTO ELIZABETHAE SECUNDAE REGINAE No. 51 of 1977 An Act to amend the Racing and Betting Act 1954-1977 in certain particulars [ASSENTED TO 6TH OCTOBER, 1977] 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 1977 (No. 2). (2) In this Act the Racing and Betting Act 1954-1977 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Racing and Betting Act 1954-1977.

Racing and Betting Act Amendment Act (No. -2) 1977, No. 51 505 2. Commencement . (1) Subject to subsection (2), this Act shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Sections 6, 7, 8 and 9 shall be deemed to have commenced on 21st April 1977 and shall have retrospective effect accordingly. 3. Amendment of s. 6 . Section 6 of the Principal Act is amended by inserting after the term " Night coursing meeting " and its meaning the following term and meaning:- Night race meeting "-A race meeting whereat any race is -started after seven o'clock in the evening;". 4. Amendment of s. 59. Section 59 of the Principal Act is amended by, in subsection, (2), (a) in subparagraph (a), omitting the words " trotting meeting, and such night trotting " and substituting the words " race meeting, and such race "; (b) in subparagraph (b), omitting the word " trotting " and substituting the word " race ". 5. Amendment of s. 60 . Section 60 of the Principal Act is amended by (a) in subsection (6), omitting the word " trotting " and substituting th. e word " race "; (b) in subsection (7), omitting the word " trotting " wherever occurring and substituting in each case the word " race ". 6. Amendment of s. 65. Section 65 of the Principal Act is amended by- (a) in subsection (2), omitting the words " This subsection applies subject to paragraph (d) of subsection (6) of section 71A of this Act."; (b) in subsection (4), omitting the words " This subsection applies subject to paragraph (f) of subsection (6) of section 71A of this Act.": (c) adding at the end thereof the following subsection:- " (5) The expression " all moneys " wherever occurring in this section does not include the amount of any bet made through the Authority on a totalisator on a racecourse or coursing ground or with the Authority.". 7. Amendment of s. 68. Section 68 of the Principal Act is amended by, in subsection (1), in subparagraph (i), omitting provision (a) and substituting the following provision:- (a) the total amount of totalisator tax levied and charged under section 65;". 8. Amendment of s. 71A. Section 71A of the Principal Act is amended by, in subsection (6), (a) omitting paragraph (a) and substituting the following paregraphs :- " (a) There shall be levied and charged to the use of Her Majesty in right of the State and paid by the Authority- (I) on all bets made- (A) through the Authority on a totalisator on a racecourse or coursing ground; 17-56267

506 Racing and Betting Act Amendment Act (No. 2) 1977, No. 51 (B) on a doubles totalisator or trebles totalisator operated by the Authority; (ii) on all other bets made with the Authority, a tax, which shall be known as totalisator tax. (aa) The rate of totalisator tax to be levied and charged under this subsection shall be- (i) in respect of any sporting event or sporting events to be decided at a race meeting or race meetings conducted on a racecourse situated in the Metropolitan Area or on a Saturday on a racecourse situated in the Local Authority Area of the City of Ipswich, 6 per centum of the amount of all bets; (ii) in respect of any sporting event or sporting events to be decided at a race meeting or race meetings conducted on a racecourse in Queensland other than a race meeting or race meetings conducted on a racecourse situated in the Metropolitan Area or on a Saturday on a racecourse situated in the Local Authority Area of the City of Ipswich or at a race meeting or race meetings conducted elsewhere than in Queensland, 5 per centum of the amount of all bets: Provided that where bets to which this provision (ii) applies are transmitted to a totalisator operating at a race meeting conducted on a racecourse situated in the Metropolitan Area or on a Saturday at a race meeting conducted on a racecourse situated in the Local Authority Area of the City of Ipswich, the rate to be levied and charged shall -be 6 per-centum of the amount of all bets so transmitted; (iii) in respect of any sporting event or sporting events to be decided at a coursing meeting- or coursing meetings conducted on a coursing ground situated in the Metropolitan Area, 6 per centum of the amount of all bets; (iv) in respect of any sporting event or sporting events to be decided at a coursing meeting or coursing meetings conducted on a coursing ground in Queensland other than a coursing meeting or coursing meetings conducted on a coursing ground situated in the Metropolitan Area or at a coursing meeting or coursing meetings conducted elsewhere than in Queensland, 5 per centum of the amount of all bets: Provided that where bets to which this provision (iv) applies are transmitted to a totalisator operating at a coursing meeting conducted on a coursing ground situated in the Metropolitan Area, the rate to be levied and charged shall be 6 per centum of the amount of all bets so transmitted. (ab) In the case of bets to which paragraph (aa) applies made on a doubles totalisator or trebles totalisator operated by the Authority, additional totalisator tax- (i) at the rate of one half per centum of the amount of all bets made on a doubles totalisator; (ii) at the rate of I per centum of the amount of all bets made on a trebles totalisator, shall be levied and charged.";

Racing and Betting Act Amendment Act (No. 2) 1977, No. 51 507 (b) omitting paragraph (c); (c) omitting paragraph (d) and substituting the following paragraphs:- (d) There shall be charged and retained by the Authority- (i) on all bets made- (A) through the Authority on a totalisator on a racecourse or coursing ground; (P) on a doubles totalisator or trebles totalisator operated by the Authority; (ii) on all other bets made with the Authority, commission at the rate prescribed. (da) The rate of commission to be charged and retained shall be- (i) in respect of any sporting event or sporting events to be decided at a race meeting or race meetings conducted on a racecourse situated in the Metropolitan Area or on a Saturday on a racecourse situated in the Local Authority Area of the City of Ipswich, a rate not exceeding 9 per centum of the amount of all bets; (ii) in respect of any sporting event or sporting events to be decided at a race meeting or race meetings conducted on a racecourse in Queensland other than a race meeting or race meetings conducted on a racecourse situated in the Metropolitan Area or on a Saturday on a racecourse situated in the Local Authority Area of the City of Ipswich or at a race meeting, or race meetings conducted elsewhere than in Queensland, a rate not exceeding 10 per centurn of the amount of all bets : Provided that where bets to which this provision (ii) applies are transmitted to a totalisator operating at a race meeting conducted on a racecourse situated in the Metropolitan Area or on a Saturday at a race meeting conducted on a racecourse situated in the Local Authority Area of the City of Ipswich, the rate of commission to be charged and retained shall be a rate not exceeding 9 per centum of the amount of all bets so transmitted; (iii) in respect of any sporting event or sporting events to be decided at a coursing meeting or coursing meetings conducted on a coursing ground situated in the Metropolitan Area, a rate not exceeding 9 per centum of-the amount of all bets; (iv) in respect of any sporting event or sporting events to be decided at a coursing meeting or coursing meetings conducted on a coursing ground in Queensland other than a coursing meeting or coursing meetings conducted on a coursing ground situated in the Metropolitan Area or at a coursing meeting or coursing meetings conducted elsewhere than in Queensland, a rate not exceeding 10 per centum of the amount of all bets: Provided that where bets to which this provision .(iv)-applies-are transmitted- to a totalisator operating at a coursing meeting conducted on a coursing ground situated in the Metropolitan Area, the rate of

508 Racing and Betting Act Amendment Act (No. 2) 1977, No. 51 commission to be charged and retained shall be a rate not exceeding 9 per centum of the amount of all bets so transmitted. (db) In the case of bets to which paragraph (da) applies made on a doubles totalisator or trebles totalisator operated by the Authority, additional commission- (i) at the rate of 2 per centum of the amount of all bets made on a doubles. totalisator;' (ii) at the rate of 4 per centum of the amount of all bets made on a trebles totalisator, shall be charged and retained. (d) omitting paragraphs (e) and (f). 9. Amendment of s. 71B. Section 71B of the Principal Act is -amended bye. (a)^=oritting subsection '(2)- and substituting the following .nbsection - (2) In respect of all bets made through or with the Authority pursuant to-an arrangement or agreement referred to in subsection (1), the Authority shall deduct (and it is declared always was authorized to deduct) the amounts prescribed by the appropriate provisions of section 71A (6) as totalisator tax and commission and shall apply the amounts so deducted in payment of totalisator tax. and the commission payable to the person or authority who or which is the other party to the arrangement or agreement and otherwise as provided by the arrangement or agreement and by subsection (5). "• (b) in subsection (3), omitting the word " sixty-five " and substituting the expression " 71A (6) "; (c) in subsection (4), omitting the word " sixty-five " wherever occurring and substituting in each case the expression " 71A (6) ". 10. Amendment of s. 74. Section 74 of the Principal Act is amended by, in subsection (1), (a) in subparagraph (g), omitting the word " trotting " wherever occurring 4nd substituting in each case the word " race "; (b) in' subparagraph (h), omitting the word " trotting " wherever occurring and substituting in each case the word " race "; (c) in the final paragraph, inserting after the words " event decided at " the words " a night race meeting for galloping horses or " 11. Amendment of s. 77. Section 77 of the Principal Act is amended by- (a) in subsection (3), (i) omitting the words " trotting meeting and a night trotting " and substituting the words " race meeting and a night race (ii) in subparagraph (a), omitting the word " trotting " and substituting the word " race "; (iii) in subparagraph (b). omitting the word " trotting " and substituting the word " race (b) in subsection (5), (i) in subparagraph (a). omitting the word " trotting " and substituting the word " race ";

Racing and Betting Act Amendment Act (No. 2) 1977, No. 51 509 (ii) in subparagraph (c), omitting the word " trotting " and substituting the word " race ". 12. Amendment of s. 125. Section 125 of the Principal Act is amended by, in subsection (1), omitting from subparagraph (i) the expression " subsections (1) or (4) " and substituting the expression " subsection (1), (4) or (5) 13. Validation of certain payments . It is declared that payments of totalisator tax made by clubs and payments of commission made to clubs in respect of the period commencing on Ist July 1976 and terminating on 20th April 1977 at the rates prescribed respectively therefor by section 65 of the Racing and Betting Act 1954-1975 as amended by section 9 of the Racing and Betting Act Amendment Act1977 shall be deemed to have been duly made in accordance with law as if that section 65 had operated as so amended on and from 1st July 1976.