Racing and Betting Acts (Amendment) Act 1998 (Vic)

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Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998

TABLE OF PROVISIONS

Section Page
PART 1—PRELIMINARY 1
1. Purpose 1
2. Commencement 2
PART 2—AMENDMENTS TO THE RACING ACT 1958 3
3. Principal Act 3
4. Amendment of definitions 3
5. Approval of certain types of betting outside holding of race
meetings 3
6. Insertion of new Division 2A in Part 1 4
Division 2A—Club betting permits 4
5A. Betting in accordance with club betting permits 4
5B. Grant of club betting permits 5
5C. Conditions of the permits 5
5D. Revocation of permits 6
7. Fees for consents for mixed sports gatherings 6
8. Repeal of section 19AA—Mixed Sports Gatherings Fund 6
9. Payment of profits from charitable race meetings 6
10. Power to conduct race meetings on more than one race-course 7
11. Term of office of members of Harness Racing Board 7
12. Term of office of person appointed to fill extraordinary vacancy
in Harness Racing Board 7
13. Power to appoint an administrator to a harness racing club 7
14. Repeal of sections 45AAA and 45AA 8
15. Insertion of new sections 49A to 49C 8
49A. Appeals to the Board 8
49B. Panel of persons for selection for hearing and determining
appeals 9
49C. Panel of assessors 10
16. Repeal of section 59A 11
17. Term of office of person appointed to fill extraordinary vacancy
in the Greyhound Racing Control Board 11
18. Change of reference to Executive Director 11

i

Section Page
19. Substitution of section 80 11
80. Appeals to the Board 11
81. Panel of persons for selection for hearing and determining
appeals 12
81A. Panel of assessors 13
20. Change of heading to Part IV 14
21. Membership of Bookmakers and Bookmakers' Clerks
Registration Committee 14
22. Bookmakers not required to hold more than one licence 14
23. Bookmakers' guarantee 14
24. Payments to persons holding mixed sports gatherings 18

PART 3—AMENDMENTS TO THE LOTTERIES GAMING AND

BETTING ACT 1966 20
25. Principal Act 20
26. Circumstances in which wagers may be recovered 20
27. Fees for approvals for betting on foot races and bicycle races 20
28. Repeal of individual club permit provisions 20
29. Inclusion of greyhounds in section 40 21
PART 4—AMENDMENTS TO THE STAMPS ACT 1958 22
30. Principal Act 22
31. Insertion of new definition 22
32. Betting tickets and betting books 22
33. Powers of inspection 22
34. Bookmakers statements in relation to club betting permits 23
35. Substitution of section 125 23
125. Returns by racing clubs etc. 23
36. Turnover tax payable by bookmakers under club betting permits 24
PART 5—AMENDMENT OF OTHER ACTS 26
37. Regulations for Calcutta Sweepstakes 26
38. Deletion of reference to bookmaker's course agents in Gaming
and Betting Act 1994 26

═══════════════

NOTES 27

ii

Victoria

No. 97 of 1998

Racing and Betting Acts (Amendment)

Act 1998†

[Assented to 24 November 1998]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purpose

The purpose of this Act is to amend the Racing
Act 1958, the Lotteries Gaming and Betting Act
1966, the Stamps Act 1958, the Gaming No. 2
Act 1997 and the Gaming and Betting Act 1994.

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 2

2. Commencement

(1) Part 1 comes into operation on the day on which this Act receives the Royal Assent.

(2) Subject to sub-section (3), the remaining

provisions of this Act come into operation on a
day or days to be proclaimed.

(3) If a provision referred to in sub-section (2) does

not come into operation before 1 December 1999,
it comes into operation on that day.

_______________
Racing and Betting Acts (Amendment) Act 1998

s. 3 Act No. 97/1998

PART 2—AMENDMENTS TO THE RACING ACT 1958

No. 6353. 3. Principal Act
Reprint No. 10
as at
22 August In this Part the Racing Act 1958 is called the
1997. Further Principal Act.

amended by Nos 93/1997, 46/1998 and 48/1998.

4. Amendment of definitions

In section 3(1) of the Principal Act insert the
following definition—

' "club betting permit" means a permit issued

under Division 2A of Part 1;'.

5.  Approval of certain types of betting outside holding of race meetings

For section 4(1) of the Principal Act substitute—
"(1) Despite anything in the Lotteries Gaming

and Betting Act 1966 or any other law, it is not a contravention of that Act or law, and a race-course is not a common gaming house or place for the purposes of that Act, if a

person bets by way of wagering—

(a) during the holding of a race-meeting on a race-course licensed under this Part, on—

(i)  any horse race, harness race or greyhound race; or

(ii) any other sporting contingency
approved by the Minister; or

(b)

at any time on a race-course licensed under section 24(1)(a) for horse racing and approved by the Minister for the purposes of this paragraph—

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 6
(i) on any sporting contingency
(other than a horse race, harness
race or greyhound race) approved
by the Minister; or

(ii)  on a group of races approved by the Minister under section 40 of the Lotteries Gaming and

Betting Act 1966 or on a race from such a group of races.

(1A) An approval of a race-course by the Minister under sub-section(1)(b)—

(a) must be in writing; and

(b)

is subject to any conditions imposed by the Minister; and

(c)

may be amended, or revoked by the Minister.

(1B) The Minister may amend or revoke any

condition imposed on an approval of a race-

course under sub-section (1)(b).".

6. Insertion of new Division 2A in Part 1

In Part 1 of the Principal Act, after Division 2 insert—

'Division 2A—Club betting permits

5A. Betting in accordance with club betting

permits

Despite anything in the Lotteries Gaming and Betting Act 1966 or any other law, it is not a contravention of that Act or law, and a premises is not a common gaming house or place for the purposes of that Act, if a person bets by way of wagering—

Racing and Betting Acts (Amendment) Act 1998

s. 6 Act No. 97/1998

(a)

at that premises and that premises is a premises specified in a club betting permit; and

(b)

in accordance with the conditions of the permit.

5B. Grant of club betting permits

(1) The Minister may grant a permit to any

specified body to allow betting on any horse
race, any harness race, any greyhound race
or on any other sporting contingency
approved by the Minister under section

4(1)—

(a) at the premises; and
(b) in accordance with the conditions; and

(c) on the day and for the period—

specified in the permit by the Minister.

(2) In this section—

"specified body" means—

(a) any racing club licensed under section 24A; or
(b) the Victoria Racing Club, the Harness Racing Board or the Greyhound Racing Control Board;

or

(c) the Stawell Athletic Club
Incorporated or the Victorian Club
Limited.

5C. Conditions of the permits

(1) The Minister may specify conditions in the

permit dealing with all or any of the

following matters—

(a) the type of betting;
Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 7
(b) the class of bookmakers who may conduct the betting;
(c) the supervision of the betting and the body who is to conduct the supervision;

(d) any other matter the Minister thinks fit. (2) The permit is subject to a condition that the

holder of the permit must not obtain any
financial benefit from bets made under the

permit.

(3) The Minister may add to, vary or revoke any

conditions on a permit.
5D. Revocation of permits

The Minister may revoke a permit, for any just and reasonable cause, at any time.'.

7. Fees for consents for mixed sports gatherings In section 19(1) of the Principal Act, after "prescribed fee" insert "(if any)".

8.  Repeal of section 19AA—Mixed Sports Gatherings Fund

Section 19AA of the Principal Act is repealed.

9. Payment of profits from charitable race meetings

In section 21 of the Principal Act, for sub-sections
(2) and (3) substitute—

'(2) The net profit from any such meeting must

be paid by the racing club conducting the
meeting to the Hospitals and Charities Fund
within 2 months from the day on which the
meeting was held.

(3) In this section "Hospitals and Charities Fund" means the Hospitals and Charities Fund established under the Health Services

Act 1988.'.

Racing and Betting Acts (Amendment) Act 1998

s. 10 Act No. 97/1998

10.  Power to conduct race meetings on more than one race-course

(1) In section 24A(3) of the Principal Act, for "on one specified race-course licensed under section 24 for harness racing" substitute "on one or more

specified race-courses which are licensed under
section 24 for harness racing".

(2) In section 24A(4) of the Principal Act, for "on one specified race-course licensed under section 24 for greyhound racing" substitute "on one or more

specified race-courses which are licensed under

section 24 for greyhound racing".

11. Term of office of members of Harness Racing Board

In section 40(1) of the Principal Act, for "the term of three years from the date of appointment" substitute "the term, not exceeding 3 years, which is specified in the instrument of his or her appointment,".

12.  Term of office of person appointed to fill extraordinary vacancy in Harness Racing Board

In section 41 of the Principal Act, for sub-section
(3) substitute—

"(3) Any person appointed to fill an extraordinary

vacancy holds office for the period, not
exceeding 3 years, which is specified in the
instrument of his or her appointment.".

13.  Power to appoint an administrator to a harness racing club

In section 45 of the Principal Act, after sub-
section (2) insert—
"(3) The Minister, on the recommendation of the

Board, may suspend the members of a committee or other managing body of any harness racing club and may appoint some fit

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 14

and proper person to be administrator of the

club.

(4) An administrator appointed under sub-

section (3) is deemed to be the committee or

other managing body of the club and—

(a) has and may exercise all the powers and is subject to all the duties of the club or other managing body; and
(b) has and may exercise all the powers and is subject to all the duties of the members of the committee or other managing body of the club.

(5) At any time after an administrator has been

appointed, the Minister, after consultation
with the Board, may remove the suspension
of the members of the committee or other
managing body of the club and upon that
removal the powers of the administrator
cease.".

14. Repeal of sections 45AAA and 45AA

Sections 45AAA and 45AA of the Principal Act are repealed.

15. Insertion of new sections 49A to 49C

After section 49 of the Principal Act insert—

"49A. Appeals to the Board

(1) A person—

(a)

on whom a penalty has been imposed; or

(b)

against whom any other decision has been made—

by a steward under the rules may appeal to
the Board against that decision.

Racing and Betting Acts (Amendment) Act 1998

s. 15 Act No. 97/1998

(2) For the purposes of hearing and determining

an appeal, the Board may be constituted
by—

(a)

the whole Board, or, one or more members of the Board, selected by the chairperson of the Board; or

(b)

the whole Board, or, one or more members of the Board, selected by the chairperson of the Board, sitting with one or more persons, selected by the chairperson of the Board, from the panel of persons appointed by the Minister under section 49B; or

(c)

one or more persons, selected by the chairperson of the Board, from the panel of persons appointed by the Minister under section 49B.

(3) For the purposes of hearing and determining

an appeal, the Board may be assisted by an assessor, selected by the chairperson of the Board from the panel of persons appointed by the Minister under section 49C.

(4) If more than one person is to hear and

determine an appeal, the chairperson of the preside.

(5) If an assessor is to assist the Board in the

hearing of an appeal, the assessor must not
take part in the making of any decision or
order or the giving of any direction by the
Board.

49B. Panel of persons for selection for hearing and determining appeals

(1) The Governor in Council, on the

recommendation of the Minister, may

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 15

appoint a panel of persons to be available for selection by the chairperson of the Board for the purposes of hearing and determining

appeals.

(2) A member of the panel—

(a)

holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re-appointment; and

(b)

may be removed from office at any time by the Governor in Council; and

(c)

is entitled to receive the remuneration and travelling and other allowances (if any) which are fixed by the Governor in Council for that member.

49C. Panel of assessors

(1) The Minister, after consultation with the

Board, may appoint a panel of persons to be assessors, to assist the Board in the hearing and determining of appeals.

(2) A member of the panel—

(a) holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re-appointment; and
(b) may be removed from office at any time by the Minister; and
(c) is entitled to receive the remuneration and travelling and other allowances (if any) which are fixed by the Minister for

that member.

(3) The Minister must cause the names of

members of the panel to be published in the
Government Gazette.".

Racing and Betting Acts (Amendment) Act 1998

s. 16 Act No. 97/1998

16. Repeal of section 59A

Section 59A of the Principal Act is repealed.

17.  Term of office of person appointed to fill extraordinary vacancy in the Greyhound Racing Control Board

In section 71 of the Principal Act, for sub-section
(3) substitute—

"(3) Any person appointed to fill an extraordinary

vacancy holds office for the period, not
exceeding 3 years, which is specified in the

instrument of his or her appointment.".

18. Change of reference to Executive Director

In section 75A(7) of the Principal Act, for
"executive director" substitute "chief executive

officer".

19. Substitution of section 80

For section 80 of the Principal Act substitute—

"80. Appeals to the Board

(1) A person—

(a)

or against whom any other decision has

on whom a penalty has been imposed rules; or

(b)

who is affected by a decision of the National Coursing Association of Victoria with respect to the registration of greyhounds or any other decision the Association makes under the rules—

may appeal to the Board against that
decision.

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 19

(2) For the purposes of hearing and determining

an appeal, the Board may be constituted
by—

(a)

the whole Board, or, one or more members of the Board, selected by the chairperson of the Board; or

(b)

the whole Board, or, one or more members of the Board, selected by the chairperson of the Board, sitting with one or more persons, selected by the chairperson of the Board, from the panel of persons appointed by the Minister under section 81; or

(c)

one or more persons, selected by the chairperson of the Board, from the panel of persons appointed by the Minister under section 81.

(3) For the purposes of hearing and determining

an appeal, the Board may be assisted by an assessor, selected by the chairperson of the Board from the panel of persons appointed by the Minister under section 81A.

(4) If more than one person is to hear and

determine an appeal, the chairperson of the preside.

(5) If an assessor is to assist the Board in the

hearing of an appeal, the assessor must not
take part in the making of any decision or
order or the giving of any direction by the
Board.

81.  Panel of persons for selection for hearing and determining appeals

(1) The Governor in Council, on the

recommendation of the Minister, may

Racing and Betting Acts (Amendment) Act 1998

s. 19 Act No. 97/1998

appoint a panel of persons to be available for selection by the chairperson of the Board for the purposes of hearing and determining

appeals.

(2) A member of the panel—

(a)

holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re-appointment; and

(b)

may be removed from office at any time by the Governor in Council; and

(c)

is entitled to receive the remuneration and travelling and other allowances (if any) which are fixed by the Governor in Council for that member.

81A. Panel of assessors

(1) The Minister, after consultation with the

Board, may appoint a panel of persons to be assessors, to assist the Board in the hearing and determining of appeals.

(2) A member of the panel—

(a) holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re-appointment; and
(b) may be removed from office at any time by the Minister; and
(c) is entitled to receive the remuneration and travelling and other allowances (if any) which are fixed by the Minister for

that member.

(3) The Minister must cause the names of

members of the panel to be published in the
Government Gazette.".

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 20

20. Change of heading to Part IV

In the heading to Part IV of the Principal Act, for
"BOOKMAKERS' CLERKS AND
BOOKMAKERS' COURSE AGENTS"
substitute "AND BOOKMAKERS' CLERKS".

21.  Membership of Bookmakers and Bookmakers' Clerks Registration Committee

In section 85(2)(e) of the Principal Act, for
"Federated Clerks' Union of Australia (Victorian
Branch)" substitute "Australian Services Union
(Victorian Clerical and Administrative Branch)".

22.  Bookmakers not required to hold more than one licence

In section 91 of the Principal Act, after sub- section (1C) insert—

"(1D) If the Victoria Racing Club requires a bookmaker to hold a club bookmaker's licence for the purposes of betting in

accordance with section 4(1)(b), the
bookmaker is not required to obtain a club
bookmaker's licence from any other racing

club in respect of that betting.".

23. Bookmakers' guarantee

(1) In section 94A(1) of the Principal Act, for "at

race-meetings or sports at which such bookmakers
or substitutes are authorized under this Part to
carry on business" substitute "in accordance with
section 4, a club betting permit or section 38 of
the Lotteries Gaming and Betting Act 1966".

(2) In section 94A of the Principal Act, for sub-

sections (3), (4) and (5) substitute—

"(3) The revocation of a bond does not affect the

liability of the company to make any

Racing and Betting Acts (Amendment) Act 1998

s. 23 Act No. 97/1998

payment due under the conditions of the
bond in respect of defaults occurring in the
payment of wagers made in accordance

with—

(a) section 4; or

(b) a club betting permit; or

(c)

section 38 of the Lotteries Gaming and Betting Act 1966—

while the bond was in force.

(4) If a bookmaker, or his or her substitute, has

defaulted in the payment of a wager made in
accordance with—

(a) section 4; or

(b) a club betting permit; or

(c) section 38 of the Lotteries Gaming and Betting Act 1966—

the company is not liable to satisfy the default unless the backer who made the wager makes a written complaint, either to

the company or to the relevant authority.

(5) A complaint must be made—

(a)

bookmaker, or his or her substitute, at
the time the wager was made, within 60

if the backer paid the amount to the or sport in respect of which the wager was made; or

(b)

if the backer did not pay the amount to the bookmaker, or his or her substitute, at the time the wager was made, within 21 days after the day of the race

meeting or sport in respect of which the
wager was made.

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 23

(5A) If the registration of a bookmaker has been

revoked, surrendered or suspended, the
Committee, or, at the direction of the
Committee, any person or body to whom a
complaint may be made under sub-section
(4) may, for the purposes of sub-section
(5B), do all or any of the following—

(a) publish notice of that revocation, surrender or suspension; or
(b) give a notice to any backer who has made a wager with the bookmaker, or his or her substitute, of that revocation, surrender, or suspension.

(5B) Despite sub-section (5), a backer who had

placed a wager with a bookmaker, or his or
her substitute, in respect of whom notice has
been given under sub-section (5A), may
make a complaint if—

(a)

the complaint is made within 14 days after the publication or giving of the notice, as the case requires; and

(b)

if the wager, in respect of which the complaint is made—

(i)

immediately before the
bookmaker's registration was

was made within the 21 days suspended; and

(ii)  is a wager in respect of which the backer did not pay the amount to the bookmaker, or his or her

substitute, at the time of the
wager.

Racing and Betting Acts (Amendment) Act 1998

s. 23 Act No. 97/1998

(5C) A person or body who receives a complaint

must, by the end of the next business day after receiving the complaint, forward the complaint to the Committee.

(5D) If the Committee receives a complaint,

forwarded under sub-section (5C), about a
bookmaker, or his or her substitute, the
Committee may, whether or not it conducts
an investigation into the circumstances of the
making of the wager, cause a demand in
writing to be made on the company for the
company to pay to the Committee the
amount of the default within 14 days after

the date of the demand.".

(3) In section 94A of the Principal Act, for sub-

section (7) substitute—

"(7) Where the total amount of all defaults made

by a bookmaker, or his or her substitute, on

wagers made in accordance with—

(a) section 4; or

(b) a club betting permit; or

(c)

section 38 of the Lotteries Gaming and Betting Act 1966—

exceeds the limit of the liability of the
company in relation to them under the bond,
the Committee must determine the
proportions in which moneys becoming
available for the satisfaction of defaults is
distributed among the backers in respect of
whose wagers defaults were made.".

(4) In section 94A of the Principal Act, after sub- section (10) insert—

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 24

'(11) In this section—

"relevant authority" means—

(a)

accordance with section 4(1)(a),
the holder of the licence, permit or
authorisation which allowed the

in the case of a wager made in was made, to be held; or

(b)

in the case of a wager made in accordance with section (4)(1)(b), the Victoria Racing Club; or

(c)

in the case of a wager made in accordance with a club betting permit, the permit holder; or

(d)

in the case of a wager made in accordance with section 38 of the Lotteries Gaming and Betting Act 1966, the person or body to whom approval was issued under section 38(2) of that Act.'.

24. Payments to persons holding mixed sports gatherings

(1) In the heading to Part VI of the Principal Act,

after "RACING CLUBS" insert "AND
OTHER BODIES".

(2) In section 119 of the Principal Act, after sub-

section (2) insert—
"(3) There shall be paid out of the Consolidated

Fund (which is hereby appropriated
accordingly) an amount equal to 29/70 of the
amount paid in each year by way of stamp
duty on bookmaker's statements in respect of
bets made at all mixed sports gatherings,
held in each year, for which consent has
been given under section 19.

Racing and Betting Acts (Amendment) Act 1998

s. 24 Act No. 97/1998

(4) The amount paid out of the Consolidated

Fund under sub-section (3) must be distributed by the Treasurer among the clubs, associations and bodies of persons who held the mixed sports gatherings in the year in proportion to the amount of stamp duty paid in respect of bets made at each gathering.".

_______________
Racing and Betting Acts (Amendment) Act 1998

s. 25
s. 28

Act No. 97/1998

PART 3—AMENDMENTS TO THE LOTTERIES GAMING

AND BETTING ACT 1966

25. Principal Act No. 7429.
Reprint No. 7
In this Part the Lotteries Gaming and Betting as at 28 July 1997. Further

Act 1966 is called the Principal Act.

amended by Nos 16/1997

and 52/1998.

26. Circumstances in which wagers may be recovered

(1) In section 16(1) of the Principal Act, for

paragraph (b) substitute—

"(b) to any bet made by or with a bookmaker

registered under Part IV of the Racing Act
1958 while the bookmaker is carrying on his
or her business or vocation in accordance
with that Part, being a bet—

(i) made in accordance with section 4 of the Racing Act 1958 or a club betting permit; or

(ii) made in accordance with section 38 of the Lotteries Gaming and Betting Act 1966; or".

(2) At the end of section 16 of the Principal Act

insert—

'(2) In this section—

"club betting permit" has the same

meaning as in the Racing Act 1958;'.

27.  Fees for approvals for betting on foot races and bicycle races

In section 38(2A) of the Principal Act, after
"prescribed fee" insert "(if any)".

28.  Repeal of individual club permit provisions

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998

Sections 38A and 66A of the Principal Act are repealed.

29. Inclusion of greyhounds in section 40

In section 40(1) of the Principal Act, for "combinations of two horses" substitute "combinations of two horses or greyhounds".

_______________
Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 30

PART 4—AMENDMENTS TO THE STAMPS ACT 1958

30. Principal Act No. 6375.
Reprint No. 14
In this Part the Stamps Act 1958 is called the as at 1 September

Principal Act.

1997. Further amended by

Nos 103/1993,
101/1995,

84/1996, 86/1997,

46/1998,
48/1998 and
52/1998.

31. Insertion of new definition

In section 112 of the Principal Act insert the
following definition—

' "club betting permit" has the same meaning as

in the Racing Act 1958;'.

32. Betting tickets and betting books

In section 117 of the Principal Act—

(a)

in sub-section (1), after "as the case may be, on" insert "premises specified in a club betting permit or";

(b)

in sub-section (4), after "on race-courses" insert ", premises specified in club betting permits".

33. Powers of inspection

In section 118 of the Principal Act, for sub-section
(2) substitute—

"(2) The Comptroller of Stamps and any officer

authorised by the Comptroller in writing for
the purpose (whether generally or in any
particular case) may on any day on which

betting is being conducted—

(a) at a race-course or sports ground; or

Racing and Betting Acts (Amendment) Act 1998

s. 34 Act No. 97/1998

(b)

at premises specified in a club betting permit, in accordance with the permit—

enter any part of the race-course, sports
ground or premises and may require from the
proprietor or a servant or agent of the
proprietor or from a bookmaker or
bookmaker's clerk any assistance for the
purpose of ascertaining whether the
provisions of this Act and the regulations are
being observed.".

34.  Bookmakers statements in relation to club betting permits

(1) In section 120(1) of the Principal Act—

(a)

for "or on any sports ground" substitute specified in club betting permits";

(b)

sports ground; and" insert—

after "Sandown Park greyhound racing permits".

(2) In section 120(1A) of the Principal Act, for "or on

any sports ground" substitute ", on any sports
ground or on any premises specified in club
betting permits".

35. Substitution of section 125

For section 125 of the Principal Act substitute—

"125. Returns by racing clubs etc.

The—

(a)

committee or other managing body of any racing club conducting meetings on any race-course; and

(b)

any person who has the management and control of any race-course; and

Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 36

(c) the holder of a club betting permit; and

(d)

the promoter of any sports on any sports ground—

must at the times and in the manner person, setting out the names of the bookmakers and bookmakers' clerks licensed or permitted to carry on the business or vocation of a bookmaker or (as the case requires) a bookmaker's clerk on—

prescribed forward to the Comptroller of

(e) the race-course; or
(f) the premises; or

(g) the sports ground—

(as the case requires) and must set out in the
return the other matters that are prescribed
(if any).".

36.  Turnover tax payable by bookmakers under club betting permits

In Part XV of Schedule 3 to the Principal Act—

(a)

after paragraph (a) insert— "(aa) in respect of the aggregate of the

amounts wagered by the backers in all
such bets made at premises specified in
club betting permits, being premises
within a 32 kilometre radius of the
General Post Office at Melbourne—an

amount equal to 2% of that aggregate;";

(b) after paragraph (b) insert—
Racing and Betting Acts (Amendment) Act 1998

s. 36 Act No. 97/1998

"(c) in respect of the aggregate of the

amounts wagered by the backers in all
such bets made at premises specified in
club betting permits, being premises not
within a 32 kilometre radius of the
General Post Office at Melbourne—an
amount equal to 1·5% of that

aggregate;".

_______________
Racing and Betting Acts (Amendment) Act 1998

Act No. 97/1998 s. 37

PART 5—AMENDMENT OF OTHER ACTS

37. Regulations for Calcutta Sweepstakes

In section 6(5)(f) of the Gaming No. 2 Act 1997,
after "in accordance with the regulations" insert
"(if any)".

38.  Deletion of reference to bookmaker's course agents in Gaming and Betting Act 1994

In section 114(2) of the Gaming and Betting Act

1994, omit "or a bookmaker's course agent".

═══════════════
Racing and Betting Acts (Amendment) Act 1998

Notes Act No. 97/1998

NOTES

Minister's second reading speech—

Legislative Assembly: 22 October 1998

Legislative Council: 11 November 1998

The long title for the Bill for this Act was "to amend the Racing Act 1958, the Lotteries Gaming and Betting Act 1966, the Stamps Act 1958, the Gaming No. 2 Act 1997, the Gaming and Betting Act 1994

and for other purposes."

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