Racing and Betting Act Amendment Act 1990 (Qld)

681 RACING AND BETTING ACT AMENDMENT ACT ANALYSIS OF CONTENTS 1. Short title 2. Commencement 3. Principal Act and citation 4. Amendment of s. 5. Interpretation 5. Amendment of s. 141. Restrictions on betting by bookmakers 6. New s. 147A Bookmaking on certain sporting contingencies- 7. Amendment of s. 155. Other offences by bookmakers 8. Amendment of s. 163. Bookmaker's turnover tax 9. Amendment of s. 164. Club levy 10. Amendment of s. 173. Club to submit a declaration of bookmakers' total bets' 11. Amendment of s. 189. Functions, powers and duties of Totalisator Board 12. New s. 191A Power of Totalisator Board to amalgamate net pools 13. New s. 199B Dealing with moneys paid into a sports totalisator 14. Amendment of s. 202. Unpaid dividends and refunds from totalisator operated by Totalisator Board 15. Amendment of s. 211. Racing Development Fund levy 16. Amendment of Second Schedule ueeuslan i ANNO TRICESIMO NONO ELIZA ETHAE SECUNDAE REGINAE No. 31 of 1990 An Act to amend the Racing and Betting Act 1980 - 1989 in certain particulars ASSENTED TO 15TH JUNE, 1990]

682 Racing and Betting Act Amendment Act 1990, No. 31 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 . This Act may be cited as the Racing and Betting Act Amendment Act 1990. 2. Commencement . (1) This section and section 1 commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) Except as provided by subsection (1), the provisions of this Act or such of them as may be specified in the Proclamation commence on a day or days to be appointed by Proclamation for the commencement of those provisions. 3. Principal Act and citation . (1) In this Act the Racing and BettingAct 1980-1989 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Racing and Betting Act 1980-1990. 4. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by- (a) after the definition "sporting contingency" inserting:- "sports totalisator" means a totalisator conducted in respect of any sporting contingency (other than a horse race, trotting race or greyhound race) or a series of such sporting contingencies;"; (b) after the definition "surplus moneys" inserting:- " "tabanza totalisator" means a totalisator conducted by the Totalisator Board as a game of chance upon the result of any race;"; (c) in the definition "totalisator" omitting "race or series of races" and substituting "sporting contingency or series of sporting contingencies"; (d) after the definition "unit of investment" inserting:- "unpaid moneys from sports totalisators" means any part of the net pools of sports totalisators that is not paid out by way of dividend;". 5. Amendment of s. 141. Restrictions on betting by bookmakers. Section 141 (1) of the Principal Act is amended by, at the end thereof, adding:- "; or (c) any other sporting contingency approved under section 147A".

Racing and Betting Act Amendment Act 1990, No. 31 683 6. New s. 147A. The Principal Act is amended by, after section 147, inserting:- "147A. Bookmaking on certain sporting contingencies. (1) In this section sporting contingency does not include a horse race, trotting race or greyhound race. (2) The Minister, upon application in writing made in the manner prescribed, may approve bookmaking on a sporting contingency. (3) Any approval given under subsection (2) shall be published in the Gazette. (4) A person shall not carry on bookmaking on a sporting contingency unless- (a) an approval under subsection (2) in respect of the sporting contingency has been given; (b) he is the holder of a current bookmaker's licence; and (c) the bookmaking is carried on at a racing venue at a time when a lawful meeting is being held at the venue. (5) The provisions of this Part imposing taxes and other charges other than club levy, and regulating and supervising the conduct of bookmakers at meetings held at racing venues shall, with all necessary adaptations, apply to bookmakers betting on an approved sporting contingency.". 7. Amendment of s. 155. Other offences by bookmakers . Section 155 (h) of the Principal Act is amended by omitting "in respect of a race". 8. Amendment of s. 163. Bookmaker ' s turnover tax. Section 163 of the Principal Act is amended by- (a) in subsection (1), omitting "in respect of a horse race, trotting race or greyhound race'"; (b) omitting subsection (2) and substituting:- "(2) Bookmaker's turnover tax shall be calculated on the aggregate of the amounts of all bets made by a bookmaker at a meeting- (a) if the bets are made in respect of a horse race, trotting race or greyhound race, at the rate of 1.33 per centum; or (b) if the bets are made in respect of any other sporting contingency, at the rate of 1.00 per centum.". 9. Amendment of s. 164. Club levy. Section 164 of the Principal Act is amended by- (a) in subsection (1), after "behalf', inserting "in respect of a horse race, trotting race or greyhound race"; (b) in subsection (2), omitting ", on which a bookmaker's turnover tax is levied and charged" and substituting "in respect of a horse race, trotting race or greyhound race". 10. Amendment of s. 173. Club to submit a declaration of bookmakers' total bets . Section 173 of the Principal Act is amended by, in paragraphs (b) and (c), after "bets" inserting "on which club levy is levied" in each case.

684 Racing and Betting Act Amendment Act 1990, No. 31 11. Amendment of s. 189. Functions , powers and duties of Totalisator Board . Section 189 of the Principal Act is amended by, after subsection (1), inserting:- "(1A) It is hereby declared that the conduct of its totalisators by the Totalisator Board under and in accordance with the provisions of this Act, notwithstanding any other Act or law to the contrary, is lawful.". 12. New s. 191A. The Principal Act is amended by, after section 191, inserting:- "191A. Power of Totalisator Board to amalgamate net pools. The Totalisator Board, with the approval of the Minister, may enter into an arrangement or agreement with a corresponding body in any State or Territory of the Commonwealth in order to amalgamate the net pools of any class of totalisator operated by the Totalisator Board with a similar class of totalisator operated by that corresponding body.". 13. New s. 199B. The Principal Act is amended by, after section 199A, inserting:- " 199B . Dealing with moneys paid into a sports totalisator. (1) There shall be deducted from each sports totalisator pool the amounts that are, under this Act, payable as totalisator tax and retainable as commission. (2) The net pool for each sports totalisator is the amount remaining in the sports totalisator pool after making the deductions authorized by subsection (1). (3) The calculation and payment of dividends from the net pool of a sports totalisator shall be as prescribed by the Rules of the Totalisator Board.". 14. Amendment of s. 202. Unpaid dividends and refunds from totalisator operated by Totalisator Board . Section 202 of the Principal Act is amended by- (a) in the note appearing in and at the beginning of the section, after " refunds " inserting ", and unpaid moneys from sports totalisators"; (b) in subsections (1), (2) and (4) after "refunds" inserting "and unpaid moneys from sports totalisators" in each case; (c) adding at the end of the section:- "(5) Notwithstanding sections 116 (3) (b) and 203 (4), the Commissioner shall pay unpaid moneys from sports totalisators to the credit of the Consolidated Revenue Fund.". 15. Amendment of s. 211. Racing Development Fund levy. Section 211 (1) of the Principal Act is amended by, after "totalisator" where first occurring, inserting "(other than a sports totalisator)". 16. Amendment of Second Schedule. The Second Schedule to the Principal Act is amended by adding at the end of the first, second,

Racing and Betting Act Amendment Act 1990, No. 31 685 third, fourth and fifth column of the Table in Part II the particulars respectively set out in the following table:- "Sports Tabanza 10.0 Nil 15.0 25 5.625 0.875 18.5 25".