Racing and Betting Acts Amendment Act of 1960 (9 Eliz Ii No. 12) (Qld)

704 (^ucettalmtb ANNO NONO ELIZABETHAE SECUNDAE REGIME. » ♦♦» 4 No. 12. An Act to Amend "The Racing and Betting Acts. 1954 to 1957." in certain particulars. {A ssented to 24 th M arch , I960.] B E it enacted by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legis­ lative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:— Short title. 1. (1.) This Act may be cited as “ The Rating and Betting Acts Amendment Act of 1960.” Principal Act. (2.) “ The Racing and Betting Acts , 1954 to 1957,” are in this Act referred to as the Principal Act.

9 E liz . II. No. 12, 1960. Racing and Betting, Etc., Act. 705 (3.) The Principal Act and this Act may be Collective collectively cited as “ The Racing and Belting Acts , 1954 tlt e' to 1960.” 2. The Principal Act is amended by inserting after News. 55 a section fifty-five the following section:— inserted. “ [55 a .] (1.) For the purposes of this section— country meetings. “Authorised officer ” means a person authorised Authorised in writing by the Commissioner of Stamp0 cer* Duties to grant permits ; “ Country sports meeting ” means a meeting for Country the purpose of conducting sporting contingencies which include horse racing; “ Permit ”—A permit in writing issued by the Permit. Commissioner of Stamp Duties, or by an authorised officer and authorising the person named therein to conduct a country sports meeting bn the day and at the place named therein. (2.) Subject to this section the Commissioner of Stamp Duties or an authorised officer may issue to an applicant therefor a permit. The Commissioner of Stamp Duties or an authorised officer may subject a permit to such conditions as are in his opinion necessary or desirable to ensure the safe and orderly conducting of the horse races thereby authorised. Any such conditions shall be set out in the permit. The Commissioner of Stamp Duties or an authorised officer may refuse to issue or cancel a permit without giving any reason for the refusal or cancellation. (3.) Any application for a permit shall— (а) Be in or to the effect of the prescribed form; and (б) Contain or be accompanied by, according as may be prescribed, the prescribed information and particulars with respect to the applicant and the ground whereon the country sports meeting the subject of the application will be conducted and, in particular, the part of such ground which will be used for horse racing.

706 Racing and Betting, Etc., Act. 9 E liz . II. No. 12, (4.) A permit shall authorise, justify or excuse the conducting of any horse race at the country sports meeting concerned on the day and at the place named in the permit if, but only if— (а) Such day is not a Sunday or Christmas Bay, Good Friday or Anzac Day; (б) Bookmaking is not permitted at the country sports meeting concerned on and at such day and place; (c) The number of horse races conducted at the country sports meeting concerned on and at such day and place does not exceed one-quarter of the aggregate of the sporting contingencies conducted at such country sports meeting on and at such day and place; (d) No horse taking part in such race is registered by any racing club or ridden or driven by a person who is registered as a jockey or driver or apprentice jockey or driver by any racing club; (e) The person conducting the country sports meeting in question is indemnified by a policy of insurance against the legal liability of such person for accidental death of or accidental bodily injury, arising out of the conducting of the country sports meeting in question, to any person who is a rider or driver of any horse in any horse race or a competitor or participant in any other sporting contingency conducted thereat or who is an employee of such firstmentioned person in connection with the conducting thereof or who is a member of the public present thereat; (/) Such horse race is conducted in compliance in every respect with the conditions, if any, set out in the permit. (5.) A permit shall not authorise, justify or excuse any coursing or bookmaking.

1960. Racing and Betting, Etc., Act. 707 (6.) Save as expressly prescribed by this section no provision of this section or permit shall authorise, justify or excuse any act or omission which is an offence against this Act.” amen3d.edS— ection sixty-six of the Principal Act is oAfms. en6d6.ments (а) By, in paragraph (i.) of subsection one, repealing the words and brackets “ (for the purpose of being dealt with in accordance with this section) ” ; (б) By, in paragraph (a) of subsection two, repealing the words “ two shillings and sixpence ” and inserting, in lieu of those repealed words, the words “ five shillings ”; and (c) By adding to that section the following subsection:— “ (4.) (a) Where at any race meeting on a racecourse two or, as the case may be, three dividends are payable in equal proportions to investors in a place totjalisator, then every investor in such place totalisator or in any other totalisator being operated at that meeting (Whether by or on behalf of the same or a different person, or whether in respect of events or contingencies to be decided at such race meeting or elsewhere) sjhall, in respect of any and every dividend payable io such investor (other than in relation to any horse which runs a dead heat), be paid not less than five Shillings for each unit of his investment. (6) If, in respect of any horse, the aggregate of the moneys payable out of any totalisator pursuant to paragraph (ii.) of subsection one of this section is insufficient to enable five shillings for each unit of his investment to be paid to every investor to whom a dividend of not less than such amount is payable, the person operating the totalisator in question, or on whose behalf such totalisator is operated, may recoup the amount of such insufficiency— (i.) From the total amount of any unpaid fractions of dividends resulting from the operating of all totalisators which are operated by or on behalf of such person at the race meeting in question; and

708 Racing and Betting, Etc., Act. 9 E liz . II. No. 12, (ii.) To the extent to which such insufficiency exceeds the total amount of any such unpaid fractions, from the amount of the totalisator tax resulting from the operating of all totalisators which are operated by or on behalf of such person at the race meeting in question. Where any such insufficiency exceeds the aggregate of the total amounts respectively of unpaid fractions and of totalisator tax from which it may be recouped pursuant to this paragraph ( b ) of this subsection, the person operating the totalisator or totalisators in question, or on whose behalf such totalisator or totalisators is or are operated, may claim from the Commissioner of Stamp Duties the amount of such excess and, subject to receiving such a claim in or to the effect of the prescribed form and being satisfied that the sum claimed is claimable under this subsection, the said Commissioner shall pay the same. (c) An investor shall not, under or by virtue of any provision of this subsection, be entitled to be paid or be paid a dividend of not less than five shillings for each unit of any investment in a place totalisator or other totalisator made by him in relation to a horse which runs a dead heat with any other horse or horses for any place in the event or contingency in question.” Amendment 4. Subsection one of section sixty-eight of the of b . 68(1). Principal Act is amended by adding thereto the following paragraph:— “ The amount payable to the Commissioner of Stamp Duties of any total amount of unpaid fractions or any total sum of totalisator tax referred to in this subsection shall be reduced by any amount recouped therefrom under and in accordance with the provisions of subsection four of section sixty-six of this Act.” Amendment 5. Section sixty-nine of the Principal Act is of 8. 69. amended by adding thereto the following subsection:— “ (3.) Notwithstanding any other provision of this Act, where before three o’clock in the afternoon of a day not later than seven days after the day on which a dividend becomes payable on a win only totalisator, a place totalisator, or a quinella totalisator, any holder of

1960. Racing and Betting, Etc., Act. a ticket entitling him to be paid such dividend presents such ticket at any of such totalisators when it is being operated by or on behalf of the same person at a race meeting (whether on the racecourse where such dividend became payable or on any other racecourse) the person operating or assisting in operating such lastmentioned totalisator may pay such dividend to such person. The person operating or assisting to operate any totalisator referred to in this subsection may claim from the Commissioner of Stamp Duties the amount of any dividend paid by him under and in accordance with this subsection and, subject to receiving such a claim in or to the effect of the prescribed form and being satisfied that the sum claimed is claimable under this subsection, the said Commissioner shall pay the same.” 709 6. Subsection one of section one hundred and seven Amendments of the Principal Act is amended— of s. 107 (1). (а) By inserting, after the words “ sporting contingency ” in paragraph (ii.), the words “ in this State or elsewhere ” ; and (б) By inserting, after the words “ sporting contingency ” in paragraph (iii.), the words “ in this State or elsewhere ”. 7. Section one hundred and eight of the Principal Amendments Act is amended— of s. 108. (a) By adding to subsection two the .words “ in this State or elsewhere ” ; and (b) By adding to subsection three the words “ in this State or elsewhere ”. 8. Section one hundred and eleven of the Principal Amendments Act is amended— of s. 111. (a) By adding to subsection two the words “ in this State or elsewhere ”; (b) By inserting, after the words “sporting contingency ” in paragraph (i.) of subsection four, the words “ in this State or elsewhere ” ; and (c) By inserting, after the words “ sporting contingency ” in paragraph (ii.) of subsection four, the words “ in this State or elsewhere ”.

710 Racing and Betting, Etc., Act. 9 E liz . II. No. 12, 1960. Amendments 9. Section one hundred and twelve of the Principal of s. 112. Act is amended— (a) By inserting, after the word “ racecourse ” in subparagraph (i.) of the first paragraph of subsection one, the words “ in this State or elsewhere ” ; (b) By repealing the words “ that racecourse ”, where those words first appear in subsection one and inserting, in lieu of those repealed words, the words “ the racecourse in question ” ; (c) By inserting, after the words “ race meeting ” in paragraph (i.) of subsection seven, the words “ in this State or elsewhere ” ; and (d) By inserting, after the words “ race meeting ” in paragraph (ii.) of subsection seven, the words “ in this State or elsewhere