Racing and Betting Acts Amendment Act of 1966 (Qld)

93 QujeeYt$IFtxtr ANNO QUINTO DECIMO ELIZABETHAE SECUNDAE REGINAE No. 12 of 1966 An Act to Amend " The Racing and Betting Acts, 1954 to 1965 ," in certain particulars ASSENTED TO 6TH DECEMBER, 1966] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. (1) Short title . This Act may be cited as " The Racing and Betting Acts Amendment Act of ' 1966." (2) Principal Act. " The Racing and Betting Acts, 1954 to 1965," are in this Act referred to as the Principal Act. (3) Collective title. The Principal Act and this Act may be collectively cited as " The Racing and Betting Acts, 1954 to 1966." 2. Amendment of s. 3 . Section three of the Principal Act is amended by omitting the words, numerals, letters and brackets " Division 11.- Off the Course Betting (ss. 79-95) ".

94 Racing and Betting Acts Amendment Act of 1966, No. 12 3. Amendments of s. 6 (1). Subsection (1) of section six of the Principal Act is amended by- (a) inserting after the definition "Athletic meeting ", the following definition :- " "Authority "-The Authority established and constituted pursuant to section 71A of this Act, by the Governor in Council by Order in Council, under the name of "The Totalisator Administration Board of Queensland ";"; (b) omitting the definition " Court " and inserting in its stead the following definition:- Court "-A Magistrates Court constituted under " The Justices Acts, 1886 to 1965 "; "; and (c) omitting the definitions "Licensed off the course bookmaker", Licensed betting premises " and " Licensee ". 4. Amendment of s. 36 (1). Subsection (1) of section thirty-six of the Principal Act is amended by adding to paragraph (b) the following subparagraph:- (v) (in any Local Authority Area hereinbefore specified in this paragraph (b), but subject to the prior approval of both the Minister and of the principal club or, as the case requires, principal trotting club having jurisdiction in such Local Authority Area having been applied for and obtained)- one day (not being a Sunday or Christmas Day or Good Friday) in any calendar year being a day on which, or a day in a period during which, an annual and well established carnival, festival or other gathering (other than a race meeting) of particular interest to the inhabitants of the city in question is customarily held. A race meeting or race for galloping horses or, as the case may be, a race meeting or race for trotting horses shall not be permitted under this subparagraph on more days than one in any calendar year. A race meeting shall not by reason of having been approved under this subparagraph (v) during a period of years become or be a race meeting to which subparagraph (iv) of this paragraph (b) applies." 5. New s. 36A inserted . The Principal Act is amended by inserting after section thirty-six the following section:- " [36A.] Barrier trials. (I) For the purposes of this section a " barrier trial " means a race with the object of testing or training, or testing and training, galloping horses but which is not necessarily a speed contest between the galloping horses taking part therein. (2) The Governor in Councilby Order in Council may, upon written application by the appropriate principal club, authorize, provide for, regulate and control barrier trials and the conducting by racing clubs of meetings for barrier trials. (3) 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.

Racing and Betting Acts Amendment Act of 1966, No. 12 95 (4) Any such Order in Council or provisions of any such Order in Council may provide, regulate and control differently in respect of different- (a) localities; (b) dates or days or hours on dates or days; or (c) racing clubs, or racing clubs included in different classes of racing clubs, or may be limited in its application by reference to any of the aforesaid. (5) An Order in Council or Orders in Council under this subsection shall to the extent authorized, provided for, regulated and controlled thereby authorize, justify or excuse the conducting of any barrier trial or meeting for barrier trials if but only if- (a) no person acts as or carries on the business of a bookmaker anywhere on the racecourse or other place used for conducting the barrier trial or meeting for barrier trials at any time during the day on which it is being so used; (b) the barrier trial or meeting, including any and every barrier trial conducted at the meeting, is authorized by the Order in Council or Orders in Council and is conducted in compliance in every respect with the provisions of the Order in Council or Orders in Council. (6) Save as expressly prescribed by this section, no provision of this section or of any Order in Council made under this section shall authorize, justify or excuse any act or omission which is an offence against this Act." 6. Amendment of s. 39 (2). Subsection (2) of section thirty-nine of the Principal Act is amended by adding the following proviso:- " Provided that where the day allotted under this Act in question is, in relation to the city in question,- (a) a day specified in subparagraph (iv) of paragraph (b) of subsection (1) of section thirty-six of this Act; or (b) a day specified in subparagraphs (ii) or (iii) of paragraph (b) of subsection (1) of section thirty-six of this Act, and the Minister (having regard to nominations from and the interest taken by persons resident outside the city) is of the opinion that the approval referred to in this proviso should be granted, the registered club concerned may, with the prior approval in writing of the Minister, lawfully conduct the postponed race meeting on another day, which other day may be a day other than a Saturday but shall not be a day later than the Friday of the second week following the week containing the day on which the postponed race meeting should have been conducted or a Sunday or Christmas Day or Good Friday." 7. Amendment of s. 46. Section forty-six of the Principal Act is amended by adding the following subsection:- " (4) An appointment referred to in subsection (1) of this section may be made of a person holding an office in the racing club in question without naming such holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office shall be deemed to hold that appointment."

96 Racing and Betting Acts Amendment Act of 1966, No. 12 8. Amendments of s.'65 (2). Subsection (2) of section sixty-five of the Principal Act is amended by- (a) in paragraph (ii) omitting the words, numerals and quotation marks " or on the day appointed pursuant to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday in the Local Authority Area of the City of Ipswich in relation to the annual agricultural, horticultural or industrial show held at that city"; and (b) in paragraph (iii) omitting the words " or the public holiday specified in paragraph (ii) of this subsection ". 9. Amendment of s. 66 (4). Subsection (4) of section sixty-six of the Principal Act is amended by adding to paragraph (c) the following subparagraphs and proviso:- or (iii) a place totalisator made by him in relation to a race for two year old horses or a weight for age race or a set weight race; or (iv) a place totalisator made by him in relation to a race in respect whereof more than thirty-three and one-third per centum (or such other per centum as the Governor in Council by Order in Council may from time to time fix) of all investments made in that totalisator in relation to that race have been made on a horse whereon a dividend is payable: Provided that an investor who, by reason only of the provisions of subparagraphs (iii) or (iv) of this paragraph (c) is not entitled to be paid a dividend of fifty-five cents for each unit of any investment specified in those subparagraphs, shall nevertheless be entitled to be paid a dividend of fifty cents for each such unite" 10. New s. 71B inserted . The Principal Act is amended by inserting after section 71A the following section:- " [ 71B.] Power of Authority to bet with persons outside Queensland. (1) Where under or pursuant to the law for the time being in force in any State or Territory of the Commonwealth provision is made for betting off a racecourse on totalisators in such State or Territory the Authority may (and it is hereby declared always was authorised to), with the approval of the Minister, enter into any arrangement or agreement for or with respect to- (a) the making of bets on a totalisator through or with the Authority or with the Authority by persons in such State or Territory, including in relation to such betting the provision of any service by the Authority in connection with facilities for such betting operated by any person or authority in the State or Territory in question; (b) the application of any moneys received by the Authority under or pursuant to any such arrangement or agreement, and the Authority may (and it is hereby declared always was authorised to) do any act or thing necessary or expedient to carry any such arrangement or agreement into effect. (2) In respect of all bets made through or with the Authority pursuant to any arrangement or agreement referred to in subsection (1) of this section, the Authority shall (and it is hereby declared always was authorised to) deduct the sum which (pursuant to paragraph (a) of subsection (6) of section 71A of this Act) is.prescribed by subsection (1) of section sixty-five of this Act to be payable as totalisator tax and the sum

Racing and Betting Acts Amendment Act of 1966, No. 12 97 which (pursuant to paragraph (d) of subsection (6) of section 71A of this Act) is prescribed by subsection (2) of the said section sixty-five to be the commission payable to the Authority and shall apply the sums so deducted in payment of totalisator tax, and the commission payable to the person or authority who or which is the other party to the arrangement or agreement and otherwise as provided by the arrangement or agreement and by subsection (5) of this section. (3) In respect of all bets made through or with the Authority pursuant to an arrangement or agreement referred to in subsection (1) of this section. the arrangement or agreement may provide- (a) that a lesser amount or rate of totalisator tax than as prescribed by subsection (1) of section sixty-five of this Act shall be payable; (b) the commission to be paid to the person or authority who or which is the other party to the arrangement or agreement, but not exceeding twelve per centum of the aggregate of such bets. (4) Payment, as provided by an arrangement or agreement referred to in subsection (1) of this section, of totalisator tax of or at a lesser amount or rate than as prescribed by subsection (1) of section sixty-five of this Act shall satisfy in full the liability imposed by this Act to pay totalisator tax in respect of bets made through or with the Authority pursuant to such arrangement or agreement: Provided that totalisator tax as prescribed by subsection (1) of the said section sixty-five shall be payable in full in respect of every such bet in relation to which the agreement does not provide for such payment to be of or at a lesser amount or rate. (5) The balance, if any, of the aggregate of the sums referred to in subsection (2) of this section remaining after payment of totalisator tax and the commission payable to the person or authority who or which is the other party to the arrangement or agreement may be retained by the Authority and shall be paid into and form part of its funds. (6) To the extent necessary to give effect to the provisions of this section and of any arrangement or agreement referred to in this section (including any such arrangement or agreement entered into before the enactment of this section) the provisions, other than this section, of this Act relating to totalisator tax and commissions shall operate and have effect subject to the provisions of this section and of such arrangement or agreement." 11. Amendments of s. 73. (1) Subsection (1) of section seventy-three of the Principal Act is amended by- (a) in paragraph (i)- (i) omitting, where appearing in subparagraph (a), the words " fifty pounds " and inserting in their stead the words " one hundred dollars "; (ii) omitting, where appearing in subparagraph (b), the words " twenty-five pounds " and inserting in their stead the words " thirty dollars "; (iii) omitting, where appearing in subparagraph (c), the words five pounds " and inserting in their stead the words " ten dollars "; 4

98 Racing and Betting Acts Amendment Act of 1966, No. 12 (h) in paragraph (ii)- (i) omitting the words, numerals and quotation marks " or on the day appointed pursuant to "The Holidays Acts, 1912 to 1961," to be kept as a public holiday in the Local Authority Area of the City of Ipswich in relation to the annual agricultural, horticultural or industrial show held at that city." (ii) omitting, where appearing in subparagraph (a), the words fifty pounds " and inserting in their stead the words " one hundred dollars "; (iii) omitting, where appearing in subparagraph (b), the words twenty-five pounds " and inserting in their stead the words " thirty dollars "; (iv) omitting, where appearing in subparagraph (c), the words five pounds " and inserting in their stead the words " ten dollars "; (c) in paragraph (iii) omitting the words " or the public holiday mentioned in paragraph (ii) of this subsection, fifteen pounds " and inserting in their stead the words ", thirty dollars "; (d) in paragraph (iv)-. (i) omitting, where appearing in subparagraph (a), the words " fifteen pounds " and inserting in their stead the words " thirty dollars (ii) omitting, where appearing in subparagraph (b), the words " seven pounds" and inserting in their stead the words " ten dollars "; (e) in paragraph (v) omitting the words " five pounds " and inserting in their stead the words " ten dollars "; (f) in paragraph (vi)- (i) omitting, where appearing in subparagraph (a), the words twenty-five pounds " and inserting in their stead the words " fifty dollars "; (ii) omitting, where appearing in subparagraph (b), the words " ten pounds " and inserting in their stead the words " twenty dollars (g) in paragraph (vii)-- (i) omitting, where appearing in subparagraph (a), the words fifteen pounds " and inserting in their stead the words " thirty dollars "; (ii) omitting, where appearing in subparagraph (b), the words " seven pounds " and inserting in their stead the words " ten dollars "; (I;) in paragraph ( viii) omitting the words " five pounds " and inserting in their stead the words " ten dollars "; (i) in paragraph (ix)- (i) omitting where appearing in subparagraph (a), the words " sixty miles " and inserting in their stead the words " twenty miles ", and also omitting where appearing in subparagraph (a) the words " fifteen pounds " and inserting in their stead the words " twenty dollars ".; (ii) omitting , where appearing in subparagraph (b), the words " ten pounds " and inserting in their stead the words " ten dollars ". (2) Subsection (2) of section seventy-three of the Principal Act is amended by- (a) in paragraph (v) omitting the words " sixty miles " and inserting in their stead the words " twenty miles "; and (h) in paragraph (vi) omitting the words " sixty miles " and inserting in their stead the words " twenty miles ".

Racing and Betting Acts Amendment Act of 1966, No. 12 99 12. Amendments of s. 76. Section seventy-six of the Principal Act is amended by- (a) in subsection (4)- (i) omitting the words " either a licensed off the course bookmaker or ", where they appear in paragraph (i); (ii) omitting the words " set part ", where they appear in paragraph (iii) and inserting in their stead the words " set apart "; and (b) omitting subsection (5) and inserting in its stead the following subsection:- "(5) An athletic club conducting an athletic meeting at which bookmaking is permitted by the Minister shall not permit or suffer any person other than the holder of a subsisting permit in writing from a racing club or coursing club authorizing him to carry on the business of or act as a bookmaker on a racecourse or, as the case may be, coursing ground, to carry on the business of or act as a bookmaker at that athletic meeting." 13. Repeal of ss. 79 to 95 and headnote thereto . The Principal Act is amended by omitting the headnote " Division 11.-Off the Course Betting " appearing immediatel" before section seventy-nine and repealing sections seventy-nine to ninety-five, both inclusive. 14. Amendments of s. 95 A (1). Subsection (1) of section 95A of the Principal Act is amended by- (a) omitting paragraph (a); (b) relettering paragraph (b) as paragraph (a) and omitting from that paragraph as so relettered the words, letter and brackets " (other than bets to which paragraph (a) of this subsection applies)"; (c) omitting paragraph (c); and (d) relettering paragraph (d) as paragraph (b). 15. Amendment of s. 95B (5). Subsection (5) of section 95B of the Principal Act is amended by omitting the words ", other than a licensee " where those words appear in paragraph (a). 16. Amendments of s. 95C. Section 95c of the Principal Act is amended by- (a) in subsection (2)- (i) omitting the first paragraph; (ii) omitting the words, letters and brackets " paragraphs (a), (b) or (d) ", where they appear in the second paragraph, and inserting in their stead the words, letters and brackets " paragraphs (a) or (b) "; and (b) in subsection (4) omitting the words, numerals and brackets "(being, in the case of such payment in respect of any bet off the course to which paragraph (a) of subsection (1) of section 95A of this Act applies the racing club which conducted the race meeting on the racecourse whereon the bookmaker who made the bet carried on the business of or acted as a bookmaker on the day on which he made the bet) ".

100 Racing and Betting Acts Amendment Act of 1966, No. 12 17. Amendment of s. 96 (1). Subsection (1) of section ninety-six of the Principal Act is amended by omitting the words, numerals' and quotation marks " or on the day appointed pursuant to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday in the said Local Authority Area in relation to the annual agricultural, horticultural or industrial show held at that City ", where they appear in paragraph (b). 18. Amendments of s. 97. Section ninety-seven of the Principal Act is amended by- (a) in subsection (1) omitting the words " or licensed off the course bookmaker's agent ", and the words " and where the bet is made by post or by telephone or by other indirect communication also bearing the name of the bettor "; and (b) omitting subsection (2) and inserting in its stead the following subsection:- " (2) Every bookmaker shall deliver to the bettor forthwith any and every betting ticket issued by him in respect of a bet other than a credit bet as defined in section ninety-eight of this Act." 19. Amendments of s. 99. Section ninety-nine of the Principal Act is amended by- (a) omitting the numeral and brackets " (1) "; and (b) omitting subsections (2), (3), (4). (5). (6), and (7). 20. Repeal of s. 99A. The Principal Act is amended by repealing section 99A. 21. Amendment of s. 100. Section one hundred of the Principal Act is amended by omitting the words " or licensed off the course bookmaker's agent ", wherever those words appear. 22. Amendments of s. 102. Section one hundred and two of the Principal Act is amended by omitting subsection (4) and inserting in its stead the following subsections:- " (4) Notwithstanding that a person has ceased carrying on the business of or acting as a bookmaker, the provisions of paragraphs (iii), (iv) and (v) of subsection (1) and the provisions of the second paragraph of subsection (2) of this section shall, in respect of such carrying on or acting, continue to apply to him, and he shall be liable accordingly. (5) The Commissioner of Stamp Duties may, in writing, direct a Principal Club or Principal Trotting Club to suspend any licence, permit or other authority granted by it under the rules of racing or the rules of trotting racing to a bookmaker who has contravened in any respect the second paragraph of subsection (2) of this section. Such a direction may or may not specify a period.

Racing and Betting Acts Amendment Act of 1966, No. 12 101 Upon and by virtue of such a direction a Principal Club or a Principal Trotting Club shall, and is hereby required and authorized to, suspend the licence permit or authority specified in the direction. Such a suspension shall have operation and effect- (a) if a period is specified in the direction, for such period; (b) if a -period is not specified in the direction, until the Commissioner of Stamp Duties authorizes in writing its termination. The Commissioner of Stamp Duties may give a direction under this subsection whether or not proceedings have been instituted against the bookmaker concerned in respect of the contravention." 23. Amendments of s. 103 (1). Subsection (1) of section one hundred and three of the Principal Act is amended by- (a) in paragraph (i) omitting the words " except by post, telephone or other indirect communication,"; and (h) adding the following paragraph:- " This subsection does not apply to any bet made by telephone as prescribed by subsection (3) of section one hundred and six of this Act." 24. Amendment of s. 105 (1). Subsection (1) of section one hundred and five of the Principal Act is amended by omitting paragraph (iii) and inserting in its stead the following paragraph:- (iii) betting by and with a bookmaker in the course of the lawful carrying on by him of the business of a bookmaker on- (a) a racecourse; (b) a coursing ground; or (c) an athletic ground." 25. Amendments of s. 106 . Section one hundred and six of the Principal Act is amended by- (a) omitting the semicolon and word "; or " where appearing at the end of paragraph (iii); and (b) omitting paragraph (iv). 26. Amendment of s. 107. Section one hundred and seven of the Principal Act is amended by omitting subsection (4). 27. Amendment of s. 118. Section one hundred and eighteen of the Principal Act is amended by omitting the words " of subsection five of section one hundred and twelve and ". 28. Amendments of s. 122. Section one hundred and twenty-two of the Principal Act is amended by- (a) in paragraph (i) of subsection (1) omitting the words " or contrary in any respect to section one hundred and twelve of this Act ";

102 Racing and Betting Acts Amendment Act of 1 966, No. 12 (b) in paragraph (ii) of subsection (1) omitting the words " other than licensed betting premises "; and (c) adding to paragraph (i) of subsection (2) the words "and to search any person found in, on or about that place " 29. Amendment of s. 124 (1). Subsection (1) of section one hundred and twenty-four of the Principal Act is amended by omitting the words " the Board ", where those words appear in paragraph (iv), and inserting in their stead the words " the Commissioner of Stamp Duties ". 30. Amendment of s. 125 (1). Subsection (1) of section one hundred and twenty-five of the Principal Act is amended by omitting paragraph (i) and inserting in its stead the following paragraph:- " (i) found committing an offence against any of the provisions of subsection (1) of section one hundred and six, subsections (1) or (4) of section one hundred and eight, or section one hundred and fifteen of this Act; or ". 31. Amendment of s. 5 .28 (1). Subsection (I) of section one hundred and twenty-eight of the Principal Act is amended by in paragraph (iv) omitting the words " an officer or member of the Board " and inserting in their stead the words " a member or an officer or employee of the Authority ". 32. Amendment of s. 132 (1). Subsection (1) of section one hundred and thirty-two of the Principal Act is amended by omitting the words " section one hundred and twelve ". 33. Amendments of s. 138 . Section one hundred and thirty-eight of the Principal Act is amended by- (a) in subsection (1)- (i) adding to paragraph (ii) the words "and. in the case of a document mentioned in paragraph (vi) of this subsection, a signature purporting to be that of the secretary or chief stipendiary steward of a racing club (and whether a racing club in this State or elsewhere) shall be taken to be the signature it purports to be until the contrary is proved "; (ii) omitting paragraph (vi) and inserting in its stead the following paragraph:-. (vi) A document purporting to be signed by the secretary or chief stipendiary steward of a racing club and stating that- (a) a race meeting was held or appointed to be held by such racing club at the place and on the day specified in the document; and (b) a horse or horses known by the name or names specified in the document competed in, or had been entered to compete in, a race or races at such race meeting, shall (and whether the place specified in the document is in this State or elsewhere), upon its production in evidence, be evidence of the matters so stated, and in the absence of evidence in rebuttal thereof, shall be conclusive evidence of such matters:";

Racing and Betting Acts Amendment Act of 1966, No. 12 103 (iii) in paragraph (ix) omitting paragraph (i) of subparagraph (a) and renumbering paragraphs (ii), (iii) and (iv) of that subparagraph to be respectively paragraphs (i), (ii) and (iii); and (b) in subsection (2) omitting the words " subsection one of section one hundred and eight " and inserting in their stead the words, brackets and numerals " subsections (1) or (4) of section one hundred and eight." 34. Amendment of s. 139 (3). Subsection (3) of section one hundred and thirty-nine of the Principal Act is amended by omitting the words " or in licensed betting premises or ". 35. Amendment of s. 144 (1). Subsection (1) of section one hundred and forty-four of the Principal Act is amended by omitting subparagraph (iiia) of the second paragraph. 36. Amendment of Such. III . The Third Schedule to the Principal Act is amended by inserting, after the words " any offence against that Act " the words " and to search persons found in, on or about the place to which this warrant relates ".