Racing and Betting Acts Amendment Act of 1961 (10 Eliz ll No. 54) (Qld)

233 @ueeuslmtb ANNO DECIMO ELlZABETI-IAE SECUNDAE REGINAE •••••••••••••,••••$•••••••••••••••e••••••••••e•,••• No. 54 An Act to Amend "The Racing and Betting Acts. 1954 to 1960." in certain particulars [ASSENTED TO 19TH DECEMBER, 1961] B E 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) This Act may be cited as "The Racing and Short title Betting Acts Amendment Act of 1961." (2) " The Racing and Betting Acts, 1954 to 1960," Principal Act are in this Act referred to as the Principal Act. (3) The Principal Act and this Act may be collectively ~~lective cited as "The Racing and Betting Acts, 1954 to 1961." 2 • S ecti · ons ni · neteen, twenty, t . wenty-one, t h. If t y- Cmoemntmoefnscse.- three, thirty-four, thirty-five, thirty-six, thirty-seven, 19, 20, 21, thirty-eight, thirty-nine, forty, forty-one, forty-two, ~ ~ - ji' ~ ~ · forty-three and forty-four of this Act shall come into 39: 40: 41: !t operation on the first day of March, one thousand nine 43 a nd hundred and sixty-two.

234 Racing and Betting, Etc., Act 10 Euz. II. No. 54, This section shall not prejudice the operation or effect, in respect of the sections of this Act to which this section applies, of section seventeen of " The Acts Interpretation Acts, 1954 to 1960." o A f m s. en 3 dments by- 3. Section three of the Principal Act is amended (a) omitting the words, numerals, letters and brackets "PART III.-PETITI0NS AND REFERENDUMS (ss. 16-28) " ; (b) omitting the words, numerals, letters and brackets "Division III.-General (ss. 96-104)" and inserting in their stead the following words, numerals, letters and brackets :- " Division Ill-Bookmaker's Turnover Tax (ss. 95A-95c). Division IV-General (ss. 96-104)." Amendments 4. Subsection (1) of section six of the Principal Act of s. 6 is amended by- Area of jurisdiction (a) inserting after the definition " Approved " the following definition :- " " Area of jurisdiction "-In relation to a principal club or a principal trotting club, the part of the State in respect whereof it has jurisdiction as such ; " ; (b) omitting the definition "Board" ; (c) inserting in the definition " Commissioner of Stamp Duties" after the words "The term includes" the words " the Assistant Commissioner of Stamp Duties and " ; (d) omitting the definitions " Elector ", " Electoral roll " and " Electoral Zone " ; (e) inserting after the definition " Principal club " the following definition :- Principal trotting club " " Principal trotting club "-any racing club appointed under this Act to be a principal trotting club : The term includes any body or association of persons formed for the purpose of the control and general supervision in any

1961 Racing and Betting, Etc., A ct 235 part of the State of races for trotting horses which is appointed under this Act to be a principal trotting club ; " ; (/) in the definition " Rules", omitting the words " by the Board " and inserting in their stead the words " by the Commissioner of Stamp Duties " ; and (g) inserting after the definition " Rules of Racing ", the following definition :- " " Rultehse coofntroTlroatntidnggenRearcailngsu"pe-rtvh1 • se1 • onruolefs racfoesr T RR r ua o lce t i~ t n in go g f for trotting horses in any part of the State and includes rules governing the racing of trotting horses under the control of principal trotting clubs or under the control of any particular principal trotting club ; ". _5. Subsection (1) of section seven of the Principal ~r~~~d(Dents Act 1s amended by- (a) omitting the words "by the Board," where appearing in paragraph (i) of the proviso ; and (b) omitting the words "of the Board," where appearing in paragraph (ii) of the proviso. 6. The Principal Act is amended by repealing Repeal of sec t i . ons e1 . ght, nm. e, t en, e 1 even and t we 1 ve. s 1 s 1 . a s n , d 9 1 , 2 10, 7. Section thirteen of the Principal Act is amended Amendments b y- ofs. 13 (a) in subsection (1)- (i) omitting the words " or the Board " ; (ii) omitting the words " or, in the case of the Board, under its seal " ; (iii) omitting the words " or its " ; (b) in subsection (2)- (i) inserting after the word " Minister", wherever appearing, the word " or " ; (ii) omitting the words " or the Board " ; (iii) omitting the words " or, as the case may be, the Board " ; (c) in subsection (3)- (i) inserting after the word " Minister ", where firstly appearing in the first paragraph and where appearing in the second paragraph, the word " or " ;

236 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, (ii) omitting the words "or, as the case may be, Board" ; (iii) omitting the words " or its " ; (iv) omitting the words " or it " ; (v) omitting the words" or the Board" ; (vi) omitting the words " or, as the case may be, the Board " ; and (d) in subsection ( 4)- (i) omitting the words "or, as the case may be, the Board " ; (ii) omitting the words " or it ". Amendment 8. Section fourteen of the Principal Act is amended ofs. 14 by omitting subsection (1) and inserting in its stead the following subsection :- " (1) The Commissioner of Stamp Duties, the Assistant Commissioner of Stamp Duties, Deputy Commissioners of Stamp Duties and all other officers appointed under "The Stamp Acts, 1894 to 1961," shall by virtue of their respective appointments, and without further or other appointment under this Act, be deemed to be officers appointed under and for the purposes of this Act. The Governor in Council may from time to time appoint under and for the purposes of this Act such and so many officers as he deems necessary for the effectual execution of this Act." Repeal of 9. The Principal Act is amended by repealing the PbeairntgIIsIs. 16 headnote appearing immediately prior to section to 28 sixteen and sections sixteen to twenty-eight, both inclusive. Amendments 10. Subsection (2) of section thirty of the Principal of s. 30 (2) Act is amended by- (a) inserting after the words " Rules of Racing" the words " or the Rules of Trotting Racing " ; and (b) omitting the words "any Rule of Racing" and inserting in their stead the words " any of the Rules of Racing or Rules of Trotting Racing".

1961 Racing and Betting, Etc., Act 237 11. The Principal Act is amended by inserting ~ew s. 3IA after section thirty-one the following section :- inserted "[31A.] (]) The Governor in Council may, by Prin~ipal Order in Council- ~t~gtg (a) appoint any racing club which conducts race meetings for the racing of trotting horses, or any body or association of persons formed for the control and general supervision, in any part of the State, of races for trotting horses to be a principal trotting club ; (b) declare that a racing club or any body or association of persons appointed under this subsection to be a principal trotting club shall cease to be a principal trotting club ; (c) define the area or areas in respect whereof a principal trotting club, or principal trotting clubs respectively, shall have jurisdiction as such for the purposes of this Act and the Rules of Trotting Racing ; (d) abolish or alter areas defined by him as aforesaid. (2) A racing club or a body or association of persons may be appointed under subsection (1) of this section to be a principal trotting club- (a) additionally to the then number of principal trotting clubs ; or (b) in the stead of a racing club or body or association of persons which, pursuant to an Order in Council under subsection (1) of this section, ceases to be a principal trotting club. (3) A racing club or body or association of persons appointed under this section to be a principal trotting club shall, with respect to its area of jurisdiction, have the control and general supervision of races for trotting horses, and the Rules of Trotting Racing which apply in such area shall, to the extent necessary to give operation and effect to this subsection, be read subject hereto including by reading as referring to such racing club or body or association of persons any reference therein to the controlling body or body having the control and general supervision of races for trotting horses.

238 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, (4) Any and every racing club which conducts race meetings for the racing of trotting horses shall do and take all such things and steps as are necessary to give operation and effect to an Order in Council made under this section and, without limit to the generality of the foregoing provisions of this subsection, shall not by act or omission refuse or fail to recognise as a principal trotting club a racing club or body or association of persons appointed by or under this section to be a principal trotting club, or continue to recognise as a principal trotting club a racing club or body or association of persons which by virtue of a declaration under this section has ceased to be a principal trotting club, or prevent, hinder or prejudice howsoever the exercise by a principal trotting club of any power, authority, function or duty conferred or imposed upon that principal trotting club by this Act or the Rules of Trotting Racing." Amendments of s. 33 12. Section thirty-three of the Principal Act is amended by- (a) in subsection (1), inserting after the words " Rules of Racing " the words " or Rules of Trotting Racing " ; and (b) inserting after the words " principal club," wheresoever appearing, the words "or principal trotting club ". o A f m s. e 4 n 7 dments amen 1 d 3 e . dS- ection forty-seven of the Principal Act is (a) by inserting in subsection (1) after paragraph (b) thereof the following paragraph : - "; or (c) In an Area (without the Metropolitan Area or any Area in respect whereof a club or clubs is or are approved under section forty-one of this Act) defined in that Order in Council or in a prior Order in Council made under this section," ; and (b) by adding at the end thereof the following subsections :- " (4) Without prejudice to any powers conferred by section forty-eight of this Act, the Governor in Council may, in the Order in Council fixing pursuant to subsection (1) of this section the maximum number of days during any period on which race meetings for

1961 Racing and Betting, Etc., Ace 239 trotting horses may be held in any Area, or in another Order in Council, specify days identified by date or otherwise up to the maximum number of days so fixed to be the days on which race meetings for trotting horses may be held during that period in that Area. (5) Where the days on which race meetings for trotting horses may be held during any period in any Area have been specified pursuant to subsection (4) of this section, it shall be unlawful for a racing club to hold a race meeting for trotting horses in that Area during that period on any day not so specified. (6) If, owing to weather conditions, it is found impossible or impracticable to conduct any race meeting for trotting horses on any day specified pursuant to subsection (4) of this section, then the racing club concerned may postpone that race meeting until a day (being, in respect of the Area in question, a day on which a race meeting for trotting horses may lawfully be conducted under this Act) to be determined by the racing club and approved in writing by the Minister prior to the conduct of the postponed race meeting, but not later than the Saturday of the second week following the week containing the day on which the postponed race meeting should have been conducted. ( 7) Subsection (5) of section forty-eight of this Act does not apply with respect to any day specified pursuant to subsection (4) of this section." 14. Section fifty-one of the Principal Act is o A f m s e . n 5 d 1 ments amended- (a) by inserting in subsection (1) after paragraph (b) thereof the following paragraph :- " ; or (c) In an Area (without the Metropolitan Area or any Area in respect whereof a club or clubs is or are approved under section fifty of this Act) defined in that Order in Council or in a prior Order in Council made under this section," ; (b) by inserting after subsection (6) the following subsections :- " (6a) Without prejudice to any powers conferred by subsection (3) of this section, the Governor in Council may, in the Order in Council fixing pursuant to subsection (1) of this section the maximum number of days during any period on which coursing meetings

240 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, may be held in any Area, or in another Order in Council, specify days identified by date or otherwise up to the maximum number of days so fixed to be the days on which coursing meetings may be held during that period in that Area. (6b) Where the days on which coursing meetings may be held during any period in any Area have been specified pursuant to subsection (6a) of this section, it shall be unlawful for a coursing club to hold a coursing meeting in that Area during that period on any day not so specified for that period. (6c) lf, owing to weather conditions, it is found impossible or impracticable to conduct any coursing meeting on any day specified pursuant to subsection (6a) of this section, then the coursing club concerned may postpone that coursing meeting until a day (being, in respect of the Area in question, a day on which a coursing meeting may lawfully be conducted under this Act) to be determined by the coursing club and approved in writing by the Minister prior to the conduct of the postponed coursing meeting, but not later than the Saturday of the second week following the week containing the day on which the postponed coursing meeting should have been conducted." ; and (c) by, in subsection (7) after the words " allotted pursuant to this section ", inserting the words " but not specified pursuant to subsection ( 6a) of this section ". News. 55B 15. The following section is inserted after section 55A of the Principal Act :- CGdioorveuecnrt1c_it1lhoamr!ainy t h. ts " A[ 5c5tB, . t]he (J G ) oNvoertwnoitrhm . staCnoduinncg1 . 1 a f nryomotthi . mere ptorotvi . miseiomn aoy, f & racc.e, nmoetettombge, by Order in Council , direct- held in an Area on specified (a) that no race meeting, horse race, coursmg meetm • g or coursm • g ; or date (b) that no race meeting, horse race, coursing meeting or coursing other than a race meeting, horse race, coursing meeting or coursing specified in the Order in Council, shall be held- (c) in the Metropolitan Area ; (d) in any Local Authority Area specified m section thirty-six of this Act ; or

1961 Racing and Betting, Etc., Act (e) in any Area (without the Metropolitan Area or any such Local Authority Area) defined in the Order in Council, on the date specified in such Order in Council. (2) It shall be unlawful for any club to conduct a race meeting, horse race, coursing meeting or coursing in contravention of a direction contained in an Order in Council made under subsection (I) of this section." 241 Princ 1 ip 6 a . l SAucbtsiesctaimonend(2e) d obyf asdedctiinogn thseixwtyo- trhdrsee" oorfwtihthe o A f m s e . n 6 d 3 m < 2 e > nt respect to a bet lawfully made with a bookmaker". I 7. Subsection (4) of section sixty-six of the o A f m s. en 6 d 6 m (4 e ) nts Principal Act is amended by- (a) in paragraph (a), omitting the words and brackets " (other than in relation to any horse which runs a dead heat) " and inserting in their stead the words and brackets "(other than in relation to any horse specified in paragraph (c) of this subsection) " ; and (b) omitting paragraph (c) and inserting in its stead the following paragraph :- " (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- (i) a win only totalisator made by him in relation to a horse which runs a dead heat with any other horse or horses for first place in the event or contingency in question ; or (ii) a place totalisator made by him in relation to a horse which runs a dead heat with any other horse or horses for- (a) in any case where only two dividends are payable, second place ; or (b) in any case where three dividends are payable, third place, in the event or contingency in question."

242 Racing and Betting, Etc., Act 10 Euz. II. No. 54, Amendments 18. Section sixty-nine of the Principal Act is of s. 69 amended by omitting the words " fourteen days ", where appearing in subsections (I) and (2), and inserting in their stead, wheresoever omitted, the words "twenty-eight days". News. 71A inserted Off the course betting on totalisators 19. The Principal Act is amended by inserting after section seventy-one the following section :- " [71A.] (J) The Governor in Council may by Order in Council provide for, regulate and control betting off a racecourse on totalisators. (2) The power to make an Order in Council under this section includes power to make such and so many Orders in Council, and either at one and the same time or from time to time as the Governor in Council deems necessary or expedient for the purposes of this section. Any such Order in Council may be in addition to, substitution for or amendment of any other such Order in Council. (3) The power to provide for, regulate and control betting off a racecourse on totalisators includes, but without limit to the generality of that power, power- (a) to establish and constitute an authority (in this section called the .. Authority ") under such name and comprising such number of persons as may be prescribed ; (b) to prescribe the manner of appointment of members of the Authority, the term for which such appointments may be made, the disqualifications from membership, and rules respecting meetings of the Authority and the conduct of its business and proceedings ; (c) to prescribe the powers, functions and duties which the Authority shall have and may exercise for the purposes of this section or for such purposes as the Governor in Council deems incidental to the purposes of this section ; (d) to prescribe ways and means of financing the operations of the Authority and to authorise the Treasurer, on behalf of the Crown, to guarantee the repayment of any moneys borrowed by the Authority together with the payment of interest thereon.

1961 Racing and Betting, Etc., Act (4) For the purposes of this section the Authority may be empowered or authorised- (a) to establish such and so many totalisator agencies as the Minister may approve from time to time in which bets may be made as prescribed- (i) on a totalisator through or with the Authority ; or (ii) with the Authority ; (b) to purchase or take on lease or license any land, building or premises, to erect any building, or to equip, fit and furnish any building or premises ; (c) to enter into agency contracts or other contracts or arrangements whatsoever ; (d) to do and take all such other steps and things as the Governor in Council deems necessary, desirable or expedient for carrying out the purposes of this section or for enabling the Authority to do so. (5) Provision may be made by Order in Council under this section for the appointment and employment of a secretary and other officers of the Authority. (6) (a) Totalisator tax as prescribed by subsection (1) of section sixty-five of this Act shall be levied and charged on all bets made off a racecourse on a totalisator or with the Authority. (b) In respect of such bets made on a totalisator on a racecourse such tax shall be paid by the racing club authorised under this Part to operate such totalisator. (c) Subject to paragraph (b) of this subsection, such tax shall be paid as prescribed. (d) In respect of bets made off a racecourse on a totalisator on such racecourse or with the Authority, the commission prescribed by subsection (2) of section sixty-five of this Act shall be payable to the Authority and, in respect of bets made off a racecourse on a totalisator on a racecourse, shall be deducted from the moneys paid into the totalisator in respect of such bets and paid to the Authority by the racing club authorised under this Act to operate the totalisator. 243

244 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, (7) Nothing in Part VII of this Act shall apply with respect to any bet off a racecourse on a totalisator or with the Authority which is made in accordance in every respect with the provisions of an Order in Council under this section. The provisions of subsections ( 1) and ( 2) of section sixty or section sixty-three or section one hundred and seven of this Act do not apply with respect to a totalisator which is operated elsewhere than on a racecourse, or with respect to bets off a racecourse with the Authority, in accordance in every respect with the provisions of an Order in Council under this section." Repeal of and new ss. 79, 80 and 81 Limitation of licenses under this Division 20. The Principal Act is amended by repealing sections seventy-nine, eighty and eighty-one and inserting in their stead the following sections :- " [79.] (1) A license shall not be granted under this Division II of this Part in respect of any place, locality or premises situated wholly or partly- (a) within a radius of thirty miles from the General Post Office at Brisbane ; or (b) within a radius of fifteen miles from the post office or, if more than one, principal post office at any city or town specified by the Governor in Council in an Order in Council made under subsection (3) of this section. (2) A license under this Division of this Part which purports to be granted in respect of a place, locality or premises situated wholly or partly within a radius of thirty miles from the General Post Office at Brisbane, or within a radius of fifteen miles from the post office or, if more than one, principal post office at any city or town specified in an Order in Council made under subsection (3) of this section, shall be absolutely void and of no legal effect whatsoever. (3) Where the Governor in Council is satisfied that race meetings are usually conducted weekly at or in the vicinity of any city or town, he may by Order in Council prescribe that a license under this Division of this Part shall not be granted in respect of any place, locality or premises situated wholly or partly within a radius of fifteen miles from the post office or, if more than one, principal post office at such city or town.

1961 Racing and Betting, Etc., Act 245 n· •• [80.] (1) Subject to section seventy-nine of this Act, Licenses_ 11. censes may be granted under th.1s 1v1s10n o f th.1s part D un iv d i e s r i t o h n 1s n of the following descriptions, namely :- (a) An off the course bookmaker's license ; (b) An off the course bookmaker's agent's license ; (c) An off the course bookmaker's clerk's license. (2) The nomination of a person to receive an off the course bookmaker's license shall state (and describe so as to sufficiently identify) the premises in respect of which the license is sought. (3) Subject to section eighty-three of this Act, the principal club shall determine the suitability of applicants for licenses of any description. (4) An off the course bookmaker's license while in force shall authorise the licensee to carry on the business of or act as a bookmaker- ( a) subject to and in compliance in every respect with the applicable provisions of this Act, in the premises in respect of which that licensee is licensed ; or (b) subject to and in compliance in every respect with the applicable provisions of this Act and of the Rules of Racing or, as the case may be, Rules of Trotting Racing (save any provision of such Rules which requires him to hold any license, permit, or authority other than an off the course bookmaker's license), on any racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which his licensed premises are situated : Provided that a licensed off the course bookmaker's license shall not authorise the licensee to carry on the business of or act as a bookmaker on a racecourse situated wholly or partly- (a) within a radius of thirty miles from the General Post Office at Brisbane ; or (b) within a radius of fifteen miles from the post office, or, if more than one, principal post office at any city or town specified

246 Racing and Betting, Etc., Act 10 Euz. II. No. 54, Issue of licenses under this Division by the Governor in Council in an Order in Council made under subsection (3) of section seventy-nine of this Act. Except as prescribed by this subsection, an off the course bookmaker's license shall not authorise the holder to carry on the business of or act as a bookmaker. (5) An off the course bookmaker's agent's license or an off the course bookmaker's clerk's license while in force shall permit the employment of the licensee as an agent, or according to the description of license, clerk in connection with the business of the licensed off the course bookmaker named in that license. [81.] (1) The Commissioner of Stamp Duties may issue licenses under, subject to and in accordance with this Division of this Part. (2) A license of any description under this Division of this Part shall not be issued by the Commissioner of Stamp Duties except to a person who has been duly nominated by a principal club to receive such license. (3) An off the course bookmaker's agent's license or off the course bookmaker's clerk's license shall not be issued by the Commissioner of Stamp Duties unless the nomination is accompanied by a request in writing to issue such license made by the licensed off the course bookmaker (or person entitled upon due nomination to receive an off the course bookmaker's license and so nominated) whose agent or clerk the nominee is to be." Repeal of 21. The Principal Act is amended by repealing ~-e!\~~h section eighty-two, and inserting in its stead the following 82A, s20, sections : - s2c and 82D Off the "[82.] (J) A principal club may, so far as relates l c i b co o e u on rs s k me e a k er , s ntoomlom • caaltietiepserasonnds ptloacreescewi • viethoin ff it h tse acroeuarsoef b jouo k rismdiac k tieor ' ns, licenses. (2) A principal club shall determine the places or localities within its area of jurisdiction in respect whereof off the course bookmakers' licenses shall be granted and the number of licenses to be granted m respect of each and every such place or locality.

1961 Racing and Betting, Etc., A ct The principal club shall notify its intention to make a determination under this subsection by advertisement published in a newspaper circulating in the place or locality in relation to which it proposes to make the determination, describing in the advertisement such place or locality so as to sufficiently identify it and stating the number of licenses to be granted pursuant to the determination. (3) With respect to off the course bookmaker's licenses in respect of any place or locality within the area of its jurisdiction- (a) the principal club shall nominate to receive those licenses in priority to all other applicants, those applicants, if any, therefor- (i) who held on the first day of August, one thousand nine hundred and sixty-one, licenses as bookmakers taken out from or under the authority of such principal club pursuant to the Rules of Racing or taken out from or under the authority of racing clubs conducting race meetings for trotting horses on racecourses situated in the place or locality in question ; and (ii) who respectively, at all times whilst the holder of such license, carried on the business of or acted as a bookmaker at race meetings for galloping horses or, as the case may be, trotting horses, lawfully held on the racecourse situated in or nearest the place or localiiy in question to the satisfaction of the racing club concerned ; (b) where the number of applicants entitled to the priority prescribed by this subsection exceeds the number of licenses to be issued, such priority shall as between them be decided by the principal club by ballot ; (c) where the total number of applicants exceeds the number of licenses to be issued, then, subject to priority of nomination as prescribed by this section, the remaining nominations, if any, shall be decided by the principal club by ballot ; 247

248 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, (d) before nominating to receive a license in respect of any place or locality a person who is not entitled to the priority specified by this subsection, the principal club shall give public notice of its intention to nominate persons to receive off the course bookmaker's licenses in respect of such place or locality by advertisement published in a newspaper circu]ating in such place or locality, which advertisement shall if prescribed, be published as prescribed both as respects time or times of publication and the information to be conveyed thereby. Every applicant .shall be entitled to be present at any ballot under this subsection to which he is a party; and a principal club shall not hold any ballot under this section unless it has given to every applicant who will be a party thereto not less than seven days' notice in writing of the time and place when and where the ballot will be held. (4) The prov1S1ons of subsection (3) of this section apply subject to section eighty-three of this Act, and to the power of the principal club to determine the suitability of an applicant for a license. (5) In applying subparagraph (ii) of paragraph (a) of subsection (3) of this section for the purpose of determining whether or not any applicant for nomination to receive an off the course bookmaker's license is entitled to the priority specified by that paragraph (a), the principal club shall not take into account any racecourse situated wholly or partly- (a) within a radius of thirty miles from the General Post Office at Brisbane ; or (b) within a radius of fifteen miles from the post office or, if more than one, principal post office at any city or town specified by the Governor in Council in an Order in Council made under subsection (3) of section seventy-nine of this Act. Issue of off [ 82A.] (1) Where by reason of scarcity of population t~ 0 t~~:r's and such other considerations as it deems relevant, a agent's orincipal club is not prepared to recommend the issue license of an off the course bookmaker's license in respect of

1961 Racing and Betting, Etc., Act 249 any place or locality within its area of jurisdiction but nevertheless is of opinion that it is desirable to provide a means whereby the people in such area may bet, such principal club may nominate a person to receive an off the course bookmaker's agent's license. More than one such nomination may be made in respect of any place or locality. (2) Such nomination shall state the licensed off the course bookmaker whose agent the nominee is to be and shall be accompanied by a request in writing from such bookmaker for the issue of the license to such person as his nominee. (3) The provisions of subsection (1) of this section apply subject to section eighty-three of this Act. 0 ff th [8 e 2B co .] ur (1 se ) bA 00 nko m m a ikn e a r t,i S on C l e o r fk'a S 1p 1 . e c r e s n o s n e m to ay re b ce e iv m e a a d n e : b , hosesouckeom o ua f rsk o ee f r f 's obyff athpericnocuirpsael bclouobkmatatkheer rweqhuoesest 1 1i . ncewnsreitwinags oi . sfsauelidceunpsoedn c 1 1 _ c 1 e er n k s 's e the nomination of such principal club or of a person duly nominated by such principal club to receive an off the course bookmaker's license and shall, in every case, be accompanied by such request. (2) The provisions of subsection (1) of this section apply subject to section eighty-three of this Act. [82c.] (1) Fees shall be charged and paid annually fees for for licenses under this Division of this Part as follows : - icenses (a) For an off the course bookmaker's license-- ten pounds; (b) For an off the course bookmaker's agent's license--two pounds ; (c) For an off the course bookmaker's clerk's license-two pounds : Provided that in respect of a license of any description issued in the financial year begun on the first day of July, one thousand nine hundred and sixty- one, the annual fee for that financial year shall be one- third of the amount prescribed by this subsection.

250 Racing and Betting, Etc., Act 10 Euz. II. No. 54, (2) The first payment of the annual fee prescribed by this section for a license under this Division of this Part shall be for the financial year in which that license is issued and shall accompany the nomination to receive that license. The second and subsequent such payments shall be respectively for the financial year commencing on the first day of July next succeeding the date of the issue of the license in question and every financial year thereafter during which (or any part of which) that license remains in force. (3) Every licensee shall, on or before the :fifteenth day of July in a financial year (excepting the financial year in which his license shall have been issued) make to the Commissioner of Stamp Duties payment for that financial year of the prescribed annual fee for his license. (4) The cancellation, suspension or surrender of a license shall not entitle the licensee to any refund or remission of the whole or a part of the annual fee for the license in question paid or payable for the financial year in which it is cancelled, suspended or surrendered. <;ommis• [82D.] ( I) The Commissioner of Stamp Duties may ~ ~ ~ ~ ~uties cause to be made. s1:1ch inquiries as he t~inks fit f<?r the !11ay inquire purpose of ascertammg whether any nommee for a license ~n~~ination of any description under this Division of this Part is a fit and proper person to be licensed according to the nomination or not and, in the case of nomination for an off the course bookmaker's license, whether the premises to which the nomination relates are suitable for use as licensed betting premises or not, and, without limiting the foregoing provisions of this section the said Commissioner may require the principal club concerned to furnish to him all such further information and particulars as he deems relevant to the purpose of the inquiry under this subsection. (2) The Commissioner of Stamp Duties may refuse to grant to any nominee a license without giving any reason for that refusal but, if satisfied that the nominee is not in any respect disqualified from obtaining or holding the license to which the nomination relates and is otherwise a fit and proper person to be licensed according to the nomination and, in the case of a nomination for an off the course bookmaker's license

1961 Racing and Betting, Etc., Act that the premises in respect whereof the nomination has been made are suitable for use as licensed betting premises, the said Commisssioner may issue to the nominee a license according to the nomination." 251 amen 2 d 2 ed . Sbecyti-on eighty-three of the Principal Act is o A f m s. en83dments (a) omitting subsection (2) and inserting in its stead the following subsection :- " (2) A person shall not obtain or hold at the one time more licenses than one under this Division II of this Part, whether of the same or different descriptions." ; (b) adding to subsection (5) the words " or off the course bookmaker's agent's license" ; and (c) omitting subsection (6). 23. The Principal Act is amended by repealing Repeal of section eighty-four and inserting in its stead the following !_ng/ew section:- " [84.] (1) An off the course bookmaker's license Pre_mises te shall not be issued or held in respect of any of the following ~ g; ~ ~ premises, namely :- Iice~sed as . . , . bettmg (a) Any licensed victuallers premises under and premises within the meaning of " The Liquor Acts, 1912 to 1961 " ; (b) Any premises situated within a distance of one hundred yards from any entrance to a bar on any licensed victualler's premises under and within the meaning of" The Liquor Acts, 1912 to 1961," unless the Commissioner of Stamp Duties is satisfied that there are no suitable premises without such distance in the place or locality in question ; (c) Premises which are used for any residential purpose; or (d) Any premises, m the op1mon of the Commissioner of Stamp Duties, in the immediate vicinity of any place of public worship.

252 Racing and Betting, Etc., Act 10 Euz. II. No. 54, (2) In applying this section and subsection (4) of section eighty-three of this Act in respect of a building which comprises two or more units designed respectively for occupation separately, every one of those units may be deemed by the Commissioner of Stamp Duties to be premises." Amendments of s. 85 24. Section eighty-five of the Principal Act is amended by- (a) omitting the words "the Board", wheresoever appearing, and inserting in their stead, wheresoever omitted, the words " the Commissioner of Stamp Duties " ; and (b) omitting the word "it", where appearing in subsection (7), and inserting in its stead the words " the Commissioner of Stamp Duties ". Amendments of s. 86 (2) 2 5. Subsection (2) of section eighty-six of the Principal Act is amended by- ( a) omitting the words "the Board", wheresoever appearing in paragraph (a), and inserting in their stead, wheresoever omitted, the words " the Commissioner of Stamp Duties " ; and (b) omitting the word " it ", where appearing in paragraph (a), and inserting in its stead the words " the Commissioner of Stamp Duties ". oAfms. en 8 d 7 ments renum 26 be . reSdectsiuobnseecitgiohnty- ( s 1 e ) veanndo,f atshesoPrrienncuipmabl erAedct, 11ss amended by- (a) in paragraph (a), inserting after the words "who does not hold", the words "an off the course bookmaker's agent's license or" ; (b) in paragraph (b) omitting the words "the number of which does not appear in the current telephone directory or " ; (c) in paragraph (d), inserting after the words " Pay or give to a person ", the words and brackets "(save a person who in relation to him is licensed as an off the course bookmaker's agent)" ;

1961 Racing and Betting, Etc., Act (d) omitting paragraph (e) and inserting in its stead the following paragraphs :- " (e) Be in his licensed betting premises or permit or suffer any other person whomsoever to be in his licensed betting premises at any time on a Sunday or Christmas Day or Good Friday or Anzac Day ; (ei) Be in his licensed betting premises or permit or suffer any other person whomsoever to be in his licensed betting premises at any time when a race meeting is being lawfully held at a racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which such premises are situated ; " ; (e) in paragraph (h), omitting the words "or coursing event " and the words " or coursing meeting ; " ; (.f) in paragraph (j) omitting the word and numeral " Division III " and inserting in their stead the word and numeral " Division IV " ; and (g) adding the following subsection :- " (2) For the purposes of paragraph (ei) of subsection (1) of this section, the time during which a race meeting is being held shall be deemed to be a continuous period of time commencing one hour and thirty minutes prior to the official starting time of the first race and ending at thirty minutes after five o'clock in the afternoon of the day in question." 253 2 7. Section eighty-eight of the Principal Act is Amendments amended by- of s. 88 (a) omitting the word "Board", wheresoever appearing, and inserting in its stead, wheresoever omitted, the words " Commissioner of Stamp Duties " ; (b) adding to subsection (1) the following paragraph :- " or (f) The licensee fails to make due payment of any · amount of bookmaker's turnover tax payable by him.";

254 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, {c) omitting from subsection (2) and from the second paragraph of subsection (3) the word " it " and inserting in its stead the word " he "; and (d) adding the following subsection : - " (6) The Commissioner of Stamp Duties shall cancel or suspend any license under this Division of this Part if thereunto requested by the principal club which nominated the licensee. Any such suspension shall while it remains in force have the same effect as a cancellation of the license. Any such suspension may be for a specified time or without limit of time, but the Commissioner of Stamp Duties shall not terminate any such suspension unless requested to do so by the principal club concerned." o A f m s. en8d9ments amen 2 d 8 ed . Sbeyctoiomnitteinigghttyh- eniwneordof" tBheoarPdri"n,ciwphalereAsocet veisr appearing, and inserting in its stead, wheresoever omitted, the words " Commissioner of Stamp Duties ". Amendment 29. Section ninety of the Principal Act is amended ofs. 90 by omitting the word " Board " and inserting in its stead the words " Commissioner of Stamp Duties ". Amendments 30. Section ninety-one of the Principal Act is of s. 91 amended by omitting the word " Board ", wheresoever appearing, and inserting in its stead, wheresoever omitted, the words " Commissioner of Stamp Duties ". The said section is further amended by- (a) omitting the words " it " and " itself" where appearing in the last paragraph of subsection (1) and inserting in their stead the words " he " and " himself", respectively ; and (b) omitting the words "its " and " it" where appearing in the second paragraph of subsection (2) and inserting in their stead the words " his " and " he ", respectively. Amendments 31. Subsection (1) of section ninety-two of the of s. 92 (I) Principal Act is amended by omitting the word " Board " and inserting in its stead the words " Commissioner of Stamp Duties ".

1961 Racing and Betting, Etc., Act 255 3 2. Section ninety-four of the Principal Act is Amendments amended by- of s. 94 (a) in subsection (1) omitting the words "Any member of the Board, any officer authorised in that behalf by the Board, and " and inserting in their stead the words "The Commissioner of Stamp Duties, any officer authorised in that behalf by him, or " ; and (b) in subsection (3) omitting the word "Board" and inserting in its stead the words " Commissioner of Stamp Duties". 33. The Principal Act is amended by inserting New after section ninety-five the following headnote and ~ ~ ~d~ ~ ~ SA sections :- 950 and 95b 4 ' Division Ill--Bookmaker's Turnover Tax. [95A.] (I) There shall be charged, collected and paid Rate of • to the use of Her Majesty in right of this State by every ~ir~~~1:rk:/ bookmaker a tax on every bet made by or on behalf of such bookmaker, which tax shall be known as bookmaker's turnover tax, and which tax shall be- (a) in respect of bets made by or on behalf of any licensed off the course bookmaker as such on any day on which such bookmaker carries on the business of or acts as a bookmaker on a racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which the licensed off the course betting premises of such bookmaker are situated and of bets made by such bookmaker in the course of carrying on the business of or acting as a bookmaker on such racecourse on that day-- one and one-half per centum of the aggregate of the amounts wagered in all such bets by the persons with whom such bets were made by or on behalf of the bookmaker ; (b) in respect of bets (other than bets to which paragraph (a) of this subsection applies) lawfully made by a bookmaker in the course of carrying on the business of or acting as a bookmaker on a racecourse-one and one-half

256 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, per centum of the aggregate of the amounts wagered in all such bets by the persons with whom the bookmaker made such bets ; (c) in respect of bets (other than bets to which paragraph (a) or (b) of this subsection applies) made by or on behalf of a licensed off the course bookmaker-two and one-half per centum of the aggregate of the amounts wagered in all such bets by the persons with whom such bets were made by or on behalf of the bookmaker ; (d) 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 coursing ground--one and one-half per centum of the aggregate of the amounts wagered in all such bets by the persons with whom the bookmaker made such bets. (2) The amount of the bookmaker's turnover tax payable under this Act in respect of all bets made by a bookmaker during each and every week, beginning with the week commencing on the twenty-fifth day of February, one thousand nine hundred and sixty-two, shall be payable by such bookmaker to the Commissioner of Stamp Duties within seven days after the expiration of the week in question. (3) Bookmaker's turnover tax shall be payable as prescribed by this section on every bet whether the race in respect of which the bet is made is held or to be held in this State or elsewhere. Recovery of [95B.] (J) The provisions of subsection (2) of section ~ir~~~:t:;xs seven and section one hundred and twenty-seven of this a~d offences Act shall apply with respect to bookmaker's turnover with respect thereto tax· (2) In any action or proceeding in respect of bookmaker's turnover tax, a statement in writing signed by the Commissioner of Stamp Duties and stating that the person named therein is a bookmaker who has failed to pay the amount specified therein of bookmaker's turnover tax in respect of the week or weeks set out therein shall be evidence of those matters and, in the absence of evidence in rebuttal, shall be conclusive such evidence.

1961 Racing and Betting, Etc., Act 251 (3) If by reason of the failure of any bookmaker to make or keep any prescribed record or to make any prescribed return, or by reason that any such record or return is incomplete, false or misleading, the Commissioner of Stamp Duties is of opinion that the amount of bookmaker's turnover tax payable by such bookmaker in respect of any period cannot be correctly determined, the said Commissioner may fix such amount at such sum as he deems just. In so doing the said Commissioner shall have regard to, but shall not be bound by, the average of the payments in respect of such tax made by the bookmaker concerned in respect of previous weekly periods. For all purposes of this Act any sum fixed by the said Commissioner as prescribed by this subsection shall be deemed to be bookmaker's turnover tax payable for the period in respect of which such sum is fixed, and to be payable upon the date when payment thereof is demanded by the said Commissioner. (4) If any amount of bookmaker's turnover tax remains unpaid after the time when it becomes due and payable, penalty tax shall be due and payable at the rate of ten per centum per annum thereon. The Commissioner of Stamp Duties may, in any case, for reasons which he thinks sufficient, remit the penalty tax or any part thereof. Any amount of penalty tax shall be deemed to be bookmaker's turnover tax due and payable by the bookmaker concerned in respect of the period in relation to which it is due and payable. [95c.] (1) Subject to subsection (2) of this section Application any and every amount of bookmaker's turnover tax b~okmaker's paid to the Commissioner of Stamp Duties shall be paid turnover tax by him into and form part of the Consolidated Revenue Fund. (2) Twenty per centum of any and every amount of bookmaker's turnover tax paid to the Commissioner of Stamp Duties in respect of bets to which paragraph (c) of subsection (1) of section 95A of this Act applies shall be paid into the Treasury to the credit of a special fund called "The Bookmaker's Turnover Tax Special Fund". 9

258 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, (3) The amount for the time being standing to the credit of the Bookmaker's Turnover Tax Special Fund shall be distributed, annually or at such lesser intervals as the Treasurer thinks fit, as prescribed by subsection (4) of this section. (4) Any and every distribution of moneys for the time being to the credit of the Bookmaker's Turnover Tax Special Fund shall be made as follows :- (a) Ten per centum of the moneys to be distributed shall be paid to the principal clubs and principal trotting clubs- (i) each principal club to receive a portion of eighty per centum of such amount ; and (ii) each principal trotting club to receive a portion of twenty per centum of such amount, which bears to eighty per centum or, as the case may be, twenty per centum of the total thereof the same proportion as the number of licensed off the course bookmakers licensed in respect of licensed betting shops within the area of jurisdiction of the principal club or, as the case may be, principal trotting club bears to the total number of licensed off the course bookmakers in the State ; (b) The remainder of the amount to be distributed shall be payable for the benefit of- (i) racing clubs which conduct meetings for galloping horses ; and (ii) racing clubs which conduct meetings for trotting horses, proportionately to the aggregates respectively of the prize moneys paid by all clubs described in subparagraph (i) of this paragraph ( b) and by all clubs described in paragraph (ii) of this paragraph ( b) during the year or lesser period in respect of which the distribution is made. (5) Moneys payable pursuant to paragraph (b) of subsection (4) of this section may, at the discretion of the Treasurer, be paid- (a) if payable for the benefit of racing clubs conducting meetings for the racing of galloping horses, to a committee of persons

1961 Racing and Betting, Etc., Act which, the Treasurer is satisfied, has been appointed by the principal clubs to receive such payment, or if there is no committee so appointed, to any committee of persons appointed by the Governor in Council to receive such payment ; or (b) if payable for the benefit of racing clubs conducting meetings for the racing of trotting horses, to a committee of persons which, the Treasurer is satisfied, has been appointed by the principal trotting club or clubs or, if there is no committee so appointed, to any committee of persons appointed by the Governor in Council to receive such payment. The Governor in Council may, by Order in Council, appoint, for the purposes specified in such Order in Council of this section, such number of persons as are named in the Order in Council to be a committee. (6) All moneys paid under subsection (5) of this section for the benefit of racing clubs conducting race meetings for the racing of galloping horses or, as the case may be, trotting horses shall be allotted by the committee of persons to which such moneys are paid among all racing clubs of the description in question in the State- (a) as to one-half thereof, according to the aggregate of the prize money paid out by such clubs respectively during the year or lesser period in respect of which such money was distributed from the Bookmaker's Turnover Tax Special Fund ; and (b) as to one-half thereof, according to the numbers of race meetings conducted by such clubs respectively during such year or lesser period. In calculating, for the purpose of this subsection and of paragraph (b) of subsection (4) of this section, the aggregate of the prize money paid out by any racing club during any year or lesser period all rebates made by such club in respect of race meetings conducted by it during such year or lesser period shall be taken into account as, and be deemed to be, prize money. 259

260 Racing and Betting, Etc., Act 10 Euz. IL No. 54, For the purposes of this subsection " rebates " means reimbursements to owners on account of starting horses in races at race meetings. (7) With respect to all payments made from the Bookmaker's Turnover Tax Special Fund pursuant to paragraph (b) of subsection (5) of this section, and the allocation of moneys so paid by the payee pursuant to subsection (6) of this section, the books, accounts and records of the payee shall be subject to audit by the Auditor-General who, for the purposes of such audit, shall have and may exercise all the powers conferred upon him in relation to public accounts by " The Audit Acts, 1874 to 1960," (it being hereby declared that the provisions of such Acts shall, with and subject to any necessary modifications, apply and extend to the extent necessary to give operation and effect to this subsection)." Headnote repealed and new headnote inserted 34. The Principal Act is amended by omitting the headnote appearing immediately prior to section ninety-six and inserting in its stead the following headnote :-" Division IV--General." oAfmse.9nd6ments amen 3 d 5 e . d Sbeycti-on ninety-six of the Principal Act is (a) omitting subsection (I) and inserting in its stead the following subsection :- " (J) There shall be charged, collected and paid for the use of Her Majesty in right of this State stamp duty at the rate of twopence on every betting ticket issued by or on behalf of a bookmaker." ; and (b) in subsection (2), omitting the words "for the time being ". Amendment 36. Section ninety-seven of the Principal Act is of s. 97 amended by omitting subsections (1) and (2) and inserting in their stead the following subsections :- " (J) Subject to subsection (4) of this section every bookmaker or licensed off the course bookmaker's agent shall, upon making a bet with any person, issue in respect of such bet a betting ticket bearing the prescribed stamp denoting the stamp duty chargeable pursuant to this Act on the betting ticket, and where the bet is made by post or by telephone or by other indirect communication, also bearing the name of the bettor.

1961 Racing and Betting, Etc., Act 261 (2) Every bookmaker or licensed off the course bookmaker's agent shall deliver any and every betting ticket issued by him- (a) where the bet is made by post or telephone or by other indirect communication, to the member of the Police Force in charge of the Police Station nearest to the place where he made such bet before thirty minutes after five o'clock in the afternoon of the day on which the event or contingency in respect of which the bet is made is decided, or, if such event or contingency is decided at a later time of such day, before noon on the following day ; or {b) in any other case whatsoever, to the bettor forthwith. All betting tickets delivered to an officer in charge of a Police Station pursuant to this subsection shall be held and dealt with as prescribed." 3 7. The Principal Act is amended by repealing Regeal of section ninety-nine and inserting in its stead the following :~ 99new section:- " [99f.] (J)h A bookmaker sha~l not make ad~~t in ~ft\~[~t respect o a orse race or coursmg event con 1t10na 1 on certain on a contingency other than that of the horse or dog conditions in respect of which the bet is made being declared the winner of the race or being declared a placed horse or dog in that race. (2) A licensed off the course bookmaker shall not Broadcasting use or permit or suffer to be used in his licensed betting f~~vision premises any broadcast receiver or television receiver receivers within the meaning of the law of the Commonwealth relating to broadcasting and television in such manner that any broadcasting programme or television programme received thereby can be heard from without such premises or in any part thereof to which the public have access or, in the case of any television receiver, in such manner that any television programme received thereby can be seen from without such premises or in any part thereof to which the public have access. (3) A licensed off the course bookmaker shall keep in his licensed betting premises a betting board in such manner that all information displayed thereon is capable of being read by persons resorting to such

262 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, premises for the purpose of betting, but so that no information thereon can be seen or read from without such premises. Such betting board, in respect of any day on which the premises in question are open for the making of bets therein, shall display, under headings showing the racecourses and the races thereon respectively on and in which the horses on which bets may be made in such premises, are to race, the names of such horses and the odds at which bets may be made upon them respectively. (4) Nothing in this section shall prevent a licensed off the course bookmaker from making with any person, at the request of such person, a bet in respect of a horse race at a price to be determined, directly or indirectly, by the dividend paid or to be paid in respect thereof by any totalisator, or by the price obtainable in respect of the horse the subject of the bet on the racecourse whereon the race is held immediately prior to the start thereof. (5) A licensed off the course bookmaker or a licensed off the course bookmaker's agent shall, upon demand made by any person who tenders the amount he wishes to wager, or who has established a cash credit for such amount, make with that person a bet as prescribed by subsection (6) of this section in respect of a horse race to be decided at a race meeting which is lawful according to the law in force when and where that meeting is being held or is to be held. (6) A win only bet shall according as demanded be made- (a) in the case of a bookmaker, if the name of the horse upon which the bet is demanded is displayed on the betting board kept by him, at the odds in respect of a win only bet displayed on such betting board relative to such horse ; (b) at a price to be determined by the dividend paid or to be paid in respect of the horse upon which the bet is demanded by any totalisator ; or

1961 Racing and Betting, Etc., Act 263 (c) at a price to be determined by the pnce obtainable in respect of the horse upon which the bet is demanded on the racecourse whereon the race is held immediately prior to the start thereof. A place bet (that is a bet in respect of first, second, or third place in a race) shall according as demanded be made- (a) in the case of a bookmaker if the information displayed on the betting board kept by him quotes odds in respect of a place bet upon the horse upon which the bet is demanded, at such odds ; or (b) at a price to be determined by the dividend paid or to be paid in respect of the horse upon which the bet is demanded by any place totalisator (that is a totalisator which in respect of a race pays one, two or three dividends to investors thereon according to the number of starters). (7) Subsections (5) and (6) of this section apply so as not to require any licensed off the course bookmaker or licensed off the course bookmaker's agent to make- (a) any bet which it is unlawful for him to make ; (b) any bet at fixed odds whereby he or his principal may lose more than fifty pounds or whereby the bettor wishes to wager less than five shillings ; (c) any bet other than at fixed odds whereby the bettor wishes to wager less than five shillings or more than five pounds." ~ewr/ 38. The Principal Act is amended by inserting 9 A after section ninety-nine, as previously inserted by this mser e Act, the following section :- " [99A.] (I) Every licensed off the course bookmaker ~hen shall carry on the business of or act as a bookmaker at ~ ~; ~ ~~ r~tr every race meeting lawfully held on any racecourse bookmaker situated wholly or partly within a radius of fifteen~~~~ on miles from the post office (or, if more than one, principal post office) at the place or locality in which his licensed premises are situated, and shall do so to the satisfaction of the racing club conducting the race meeting.

264 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, Wltihcehenecsnoeudrsoeff is lic ( e 2 n ) seEdvearsy alicbeonosekdmaokfferthbey coorurusendbeor otkhme aakuetrhowrihtoy bltiooceoknkesmeepdakhiesr othfea pbruisnicniepsasl coluf boorr atopraincct ipaasl tarotbtionogkcmluabketor coanrryaonny opbpreetemtninisges rfarocmecotuhersepossittuoafftiecde ( wori,th if oumtorae trhaadniuos neo, f pfriifnteceipnalmpiolesst office) at the place or locality in which his licensed premises are situated shall at any time when he is carrying on the business of or acting as a bookmaker at a race meeting lawfully conducted on such racecourse keep his licensed betting premises open for the making of bets thereat and have in charge thereof a person who in relation to him is a licensed off the course bookmaker's clerk. ! ~ ; ~ ~ ~ ~ ~ ff (3) Subsections (1) and (2) of this section apply bookmaker subject to this subsection. not to bet on the c~mrse in A licensed off the course bookmaker shall not caerertaasin carry on t h e b usm . ess o f or act as a b oo k ma k er at a race meeting held on a racecourse situated wholly or partly- (a) within a radius of thirty miles from the General Post Office at Brisbane ; or (b) within a radius of fifteen miles from the post office, or, if more than one, principal post office at any city or town specified by the Governor in Council in an Order in Council made under subsection (3) of section seventy- nine of this Act." Amendments of s. 100 39. Section one hundred of the Principal Act is amended by inserting after the word " bookmaker ", wheresoever appearing, the words "or licensed off the course bookmaker's agent ". o A f m s. en 1 d 0 m 2 ents Act i 4 s 0 r . enSuemctbioenredonseubhsuenctdiroend (1 a ) ndantdwoasosfothreenPurminbceirpeadl is amended by- (a) omitting the words" the Board or" where those words appear twice in paragraph four ; and (b) adding the following subsections :- " (2) All betting sheets comprised in betting books used by every bookmaker shall be purchased from and sold by the Commissioner of Stamp Duties.

1961 Racing and Betting, Etc., Act Every bookmaker shall deliver to the Commissioner of Stamp Duties at the time and in the manner prescribed a duplicate original or carbon copy of every betting sheet used by him and shall, upon demand made by the Commissioner of Stamp Duties, account to the satisfaction of the said Commissioner for every betting sheet supplied to him by the said Commissioner. (3) Every bookmaker shall, if thereunto required by the principal club from or under the authority of which he is licensed as such, deliver to such principal club in accordance with its requisition a duplicate original or carbon copy of any betting sheet used by him. (4) Every licensed off the course bookmaker shall, in respect of all bets made by him on one and the same date at his licensed betting premises and in the course of carrying on or acting as a bookmaker on any racecourse situated wholly or partly within a radius of fifteen miles from the post office (or, if more than one, principal post office) at the place or locality in which such premises are situated keep one and the same betting book and enter and record on the betting sheets comprised therein all such transactions as he makes them: Provided that, in respect of any particular race, the use by a bookmaker of one and the same betting book and the recording on the betting sheets comprised therein of the transactions prescribed by this subsection shall be a sufficient compliance by him with the requirements of this subsection." 265 41. Subsection (I) of section one hundred and Amendment three of the Principal Act is amended by inserting ors. 103 in paragraph (i), before the words " Bet with a bookmaker ", the words " Except by post, telephone or other indirect communication,". 42. Section one hundred and seven of the Principal '11eniment Act is amended by adding the following subsection :- 0 s. 1 7 " (4) The provisions of this section or of section one hundred and six of this Act do not apply to a bet made by and with a licensed off the course bookmaker's agent where the bet is made by such agent in the place or locality specified in his license and under circumstances

266 Racing and Betting, Etc., Act 10 ELIZ. II. No. 54, such that, except for the place where the bet is made by such agent, the bet would be lawful if made by and with his principal in person." A of m s. en1d11ment Act i 4 s 3 a . mSenecdteidonboynoemhiuttnidnrgedsuabnsdecetlieovnen(2o). f the Principal R s. e 1 p 1 e 2 al of sectio 4 n 4 o . nTehheunPdrriendcipanald tAwcetlveis. amended by repealing A of m s. en 1 d 3 m 8 ents Princ 4 ip 5 a . l SAeccttiiosnamoennedehdunbdyre-d and thirty-eight of the (a) in subsection (1)- (i) omitting the words " the chairman of the Board, or of any other member of the Board " where appearing in paragraphs (i) and (ii) ; (ii) omitting the words " Electoral Zone, or any other " and the words " Electoral Zone, other " where appearing in paragraph (iii) ; (iii) omitting the words " chairman or secretary of the Board " where appearing in paragraph (vi) and inserting in their stead the words " Commissioner of Stamp Duties " ; (iv) inserting in paragraph (vi) after the words "licensed off the course bookmaker" the words " or a licensed off the course bookmaker's agent" ; and (b) in subsection (4) omitting the words "Electoral Zone and of other ". Amendments 46. Section one hundred and forty of the Principal of s. 140 Act is amended by omitting the words " or by the Board or a member thereof" the words " or of the Board " and the words " or the Board ". Ame11dments 4 7. Subsection (1) of section one hundred and of s. 144 forty-four of the Principal Act is amended by- (a) omitting subparagraph (i) of the second paragraph and inserting in its stead the following paragraph :- " (i) prescribing, regulating and controlling the powers and duties of officers including inspectors of totalisators and, for the purposes of this Act, of all or any members of the Police Force ; "

1961 Racing and Betting, Etc., Act 267 (b) in subparagraph (iii) of the second paragraph omitting the words H or the Board "; and (c) inserting after subparagraph (iii) of the second paragraph the following subparagraph :- " (iiia) regulating and controlling the conduct of licensed off the course bookmakers, licensed off the course bookmaker's agents, or licensed off the course bookmaker's clerks, the opening and closing of licensed betting premises, the resorting by persons thereto, and betting by and with licensed off the course bookmakers or licensed off the course bookmaker's agents ; ". 48. Subsection (2) of section one hundred and Amendments forty-five of the Principal Act is amended by in paragraph ofs. 145 (i) (a), omitting the words "The Board" and inserting in their stead the words " The Commissioner of Stamp Duties ", and also omitting the word " it " and inserting in its stead the word " him ".