Racing Regulation 2010 (ACT)

Racing Regulation 2010   

SL2010-3

made under the

Racing Act 1999

Republication No 6

Effective:  24 August 2022

Republication date: 24 August 2022

Last amendment made by A2022‑14

About this republication

The republished law

This is a republication of the Racing Regulation 2010, made under the Racing Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 August 2022.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 24 August 2022. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication includes amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Racing Regulation 2010

made under the

Racing Act 1999

Contents

Page

1            Name of regulation  2

3            Dictionary  2

4            Notes  2

5            Prescribed information for application for, or renewal of, approval—Act, s 61J (2) (b) and s 61P (3) (b)  2

6            Prescribed matters to be considered or disregarded in deciding application for, or renewal of, approval—Act, s 61K (2) (b) and s 61Q (2) (b)  4

6A          Suitable person—Act, s 61L (1) (f)  5

7           Prescribed conditions of approval or renewal—Act, s 61N (a)               5

8            Tribunal members eligibility requirement—Act, sch 1, s 1.1 (4)              7

Dictionary8

Endnotes

1            About the endnotes  11

2            Abbreviation key  11

3            Legislation history  12

4            Amendment history  13

5            Earlier republications  15

Racing Regulation 2010

made under the

Racing Act 1999

1. Name of regulation

   This regulation is the Racing Regulation 2010.

2. Dictionary

   The dictionary at the end of this regulation is part of this regulation.

   Note 1The dictionary at the end of this regulation defines certain terms used in this regulation.

   Note 2A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this regulation is explanatory and is not part of this regulation.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

4. Prescribed information for application for, or renewal of, approval—Act, s 61J (2) (b) and s 61P (3) (b)

   (1)The following information is prescribed:

   (a)the name and contact details of the applicant;

   (b)details of the proposed use of race field information (including the race to which the approval is to relate and the time and manner of use);

   (c)details of the applicant’s licence or authority to conduct a wagering business—

   (i)under a law of the Territory, a State or an external territory; or

   (ii)issued by a controlling body, a corresponding body, or a racing authority of the Territory, a State or an external territory;

   NoteState includes the Northern Territory—see the Legislation Act, dict, pt 1.

   (d)details of the kinds of wagering offered by the applicant;

   (e)details of the applicant’s history of wagering operations and use of race field information (including details of the applicant’s past wagering turnover in relation to races conducted in the ACT);

   (f)details of the criminal history (if any) of—

   (i)if the applicant is an individual—the applicant, key employees and close associates of the applicant that are known to the applicant; or

   (ii)if the applicant is a corporation—key employees and close associates of the applicant that are known to the applicant;

   (g)details of any disciplinary action under any legislation, rules of racing or betting (whether in the ACT or elsewhere) or external greyhound racing legislation or rules that has been taken against—

   (i)if the applicant is an individual—the applicant, key employees and close associates of the applicant that are known to the applicant; or

   (ii)if the applicant is a corporation—key employees and close associates of the applicant that are known to the applicant;

   (h)details of the applicant’s policy and procedure for dealing with racing integrity issues relating to races conducted in the ACT.

   Examples—racing integrity issues

   suspect betting transactions, fraud

   (2)In this section:

   key employee, in relation to an applicant for an approval, means a person (whether or not engaged under a contract of service) who is—

   (a)employed in a managerial or supervisory capacity in relation to the conduct of a wagering business by the applicant; or

   (b)authorised to make decisions, involving the exercise of the person’s discretion, that regulate the operations of the applicant in relation to the conduct of a wagering business; or

   (c)concerned or engaged, in any way, in the conduct of a wagering business by the applicant.

5. Prescribed matters to be considered or disregarded in deciding application for, or renewal of, approval—Act, s 61K (2) (b) and s 61Q (2) (b)

   (1)A relevant controlling body must consider whether issuing, or renewing, the approval will undermine the integrity of the conduct of races in the ACT for which the relevant controlling body has responsibility.

   (2)A relevant controlling body must disregard—

   (a)the location in Australia in which the applicant—

   (i)for an individual—lives or carries out the individual’s activities; or

   (ii)for a corporation—has its head office or principal place of business; and

   (b)the jurisdiction under which the applicant is licensed or authorised to conduct a wagering business.

6ASuitable person—Act, s 61L (1) (f)

In deciding whether an applicant is a suitable person to hold an approval, the relevant controlling body must have regard to whether a prosecution or disciplinary action is proceeding under external greyhound racing legislation or rules against—

(a)the applicant; or

(b)an employee of the applicant; or

(c)an entity with which the applicant has a business association.

1. Prescribed conditions of approval or renewal—Act, s 61N (a)

   (1)The following conditions are prescribed:

   (a)the licensed wagering operator must give the relevant controlling body access to all the operator’s betting information and analyses in relation to the race field information covered by the approval;

   (b)the licensed wagering operator must, if reasonably required by the relevant controlling body, allow the body to monitor wagering activity, including activity relating to—

   (i)bets held on races conducted in the ACT; and

   (ii)bets paid; and

   (iii)bet backs; and

   (iv)any betting account that is used for betting on an authorised race meeting in the ACT;

   (c)the licensed wagering operator must use an operating and recording system, whether computerised or not, that—

   (i)includes measures to prevent unauthorised access and unauthorised changes to data; and

   (ii)provides an audit trail for all wagering activity that relates to authorised race meetings in the ACT;

   (d)the licensed wagering operator must not open an account for betting for a person unless the person has properly established their identity;

   Example—properly establishing identity

   providing 100 points of identification as commonly required by authorised deposit-taking institutions

   (e)the licensed wagering operator must not open or maintain an account for betting if the operator knows the account is for a person who—

   (i)is disqualified or suspended from participation in racing under racing, gaming or wagering legislation, a rule of racing or betting (in the ACT or elsewhere) or external greyhound racing legislation or rules; or

   (ii)is subject to a warning-off notice issued by a defined entity;

   (f)the licensed wagering operator must, within a reasonable time stated by the relevant controlling body—

   (i)give information to an inquiry or investigation; and

   (ii)cooperate with an inquiry or investigation; 

   (g)if any part of a licensed wagering operator’s business involves online wagering—the operator must participate in an online wagering monitoring system if reasonably required to do so by the relevant controlling body;

   (h)the licensed wagering operator must notify the relevant controlling body of any of the following happening, within 14 days after the day it happens:

   (i)an entity stops having a controlling interest in the operator’s business;

   (ii)an entity starts having a controlling interest in the operator’s business;

   (iii)a prosecution or disciplinary action is started under racing, gaming or wagering legislation, a rule of racing or betting (in the ACT or elsewhere) or external greyhound racing legislation or rules against—

   (A)the operator; or

   (B)an entity with a controlling interest in the operator; or

   (C)an employee of the operator;

   (iv)a significant change in the financial circumstances of the  operator.

   Example—significant change in financial circumstances

   1insolvency

   2a significant change in the wagering turnover

   (2)In this section:

   warning-off notice means a notice stating that a person is not permitted to enter a racecourse.

2. Tribunal members eligibility requirement—Act, sch 1, s 1.1 (4)

   (1)A person is not eligible to be a member of the tribunal if the person is registered with, or licensed by, an external greyhound racing body other than as the owner of a dog.

   (2)In this section:

   external greyhound racing body means a body in another jurisdiction, within or outside Australia, that performs functions relating to the administration and control of greyhound racing.

Dictionary

(see s 3)

Note 1The Legislation Act contains definitions and other provisions relevant to this regulation.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·     entity

·     external territory

·     person

·     State.

Note 3Terms used in this regulation have the same meaning that they have in the Racing Act 1999 (see Legislation Act, s 148). For example, the following terms are defined in the Racing Act 1999, dict:

·     betting exchange

·     controlling body

·     harness club

·     racing club

·     rules of harness racing

·     rules of thoroughbred racing

·     tribunal.

approval holder means a  licensed wagering operator who has an approval to use race field information.

bet back means a bet by a bookmaker on 1 or more runners in a race if the bet is made to offset, completely or partly, the bookmaker’s liability for bets made with the bookmaker on the race.

bets held on races conducted in the ACT, by a licensed wagering operator—

(a)means—

(i)all bets and wagers accepted by the operator for any race conducted in the ACT whether or not the actual amount owing has been paid; and

(ii)the aggregate of all bets or wagers placed by the operator’s customers on a betting exchange for any race conducted in the ACT; but

NoteAggregate bets on a betting exchange, is the backer’s side of wagers made by the licensed wagering operator’s customers through the operation of the betting exchange, whether or not the betting exchange is a party to the wagering contract.

(b)does not include—

(i)free or complimentary bets taken for a race conducted in the ACT; or

(ii)multi-leg bets that include at least 1 race conducted outside the ACT.

bets paid, in relation to a licensed wagering operator—

(a)means all bets and wagers paid or settled by the operator for any race conducted in the ACT; but

(b)does not include—

(i)payments made by the operator on any free or complimentary bets that were accepted; or

(ii)payments made by the operator on multi-leg bets that include at least 1 race conducted outside the ACT; or

(iii)unclaimed bets or dividends of the operator.

defined entity means any of the following:

(a)Greyhounds Australasia Ltd (ACN 106 879 903);

(b)Harness Racing Australia Incorporated;

(c)Racing Australia Limited (ACN 105 994 330);

(d)the harness club;

(e)the racing club;

(f)the tribunal;

(g)another entity that controls, supervises or regulates racing in the ACT, a State or external territory.

external greyhound racing legislation or rules means—

(a)legislation relating to greyhound racing in another jurisdiction, within or outside Australia; or

(b)rules of racing or betting relating to greyhound racing in another jurisdiction, within or outside Australia.

rule of racing or betting includes a rule from the rules of—

(a)harness racing; or

(b)thoroughbred racing.

wagering turnover, of a licensed wagering operator, for a financial year means—

(a)the total amount of bets held on races conducted in the ACT; less

(b)the amount of any bet back on any race conducted in the ACT in the year.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   The Racing Regulation 2010 was originally the Racing (Race Field Information) Regulation 2010. It was renamed by the Racing (Greyhounds) Amendment Act 2017 A2017-43 (see amdt 1.4).

   Racing Regulation 2010 SL2010-3

   notified LR 25 January 2010
   s 1, s 2 commenced 25 January 2010
   remainder commenced 1 March 2010 (s 2 and see Racing Amendment Act 2009 A2009-53 s 2)

   as amended by

   Racing Amendment Act 2013 A2013-1 pt 3

   notified LR 20 February 2013
   s 1, s 2 commenced 20 February 2013
   pt 3 commenced 1 March 2013 (s 2 and CN2013-1)

   Racing (Race Field Information) Amendment Regulation 2013 (No 1) SL2013-3

   notified LR 28 February 2013 February 2013
   s 1, s 2 commenced 28 February 2013 February 2013
   remainder commenced 1 March 2013 (s 2 and see Racing Amendment Act 2013 A2013-1, s 2 and CN2013-1))

   Gaming and Racing (Red Tape Reduction) Legislation Amendment Act 2016 A2016-45 pt 7

   notified LR 19 August 2016
   s 1, s 2 commenced 19 August 2016 (LA s 75 (1))
   pt 7 commenced 1 September 2016 (s 2 (1))

   Racing (Greyhounds) Amendment Act 2017 A2017-43 sch 1 pt 1.3

   notified LR 5 December 2017
   s 1, s 2 commenced 5 December 2017 (LA s 75 (1))
   sch 1 pt 1.3 commenced 30 April 2018 (s 2)

   Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.36

   notified LR 10 August 2022
   s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
   sch 3 pt 3.36 commenced 24 August 2022 (s 2)

2. Amendment history

   Name of regulation

   s 1sub A2017‑43 amdt 1.4

   Commencement

   s 2om LA s 89 (4)

   Prescribed information for application for, or renewal of, approval—Act, s 61J (2) (b) and s 61P (3) (b)

   s 5sub A2013-1 s 34

   am A2017‑43 amdt 1.5; A2022‑14 amdt 3.199

   Prescribed matters to be considered or disregarded in deciding application for, or renewal of, approval—Act, s 61K (2) (b) and s 61Q (2) (b)

   s 6sub A2013-1 s 34

   am A2022‑14 amdt 3.200

   Suitable person—Act, s 61L (1) (f)

   s 6Ains A2017‑43 amdt 1.6

   Prescribed conditions of approval or renewal—Act, s 61N (a)

   s 7sub A2013-1 s 34

   am A2017‑43 amdt 1.7; amdt 1.8

   Tribunal members eligibility requirement—Act, sch 1, s 1.1 (4)

   s 8om A2013-1 s 34

   ins A2017‑43 amdt 1.9

   Monthly payment of race field information charge—Act, s 61S (3)

   s 9om A2013-1 s 34

   Annual payment of race field information charge—Act, s 61S (3)

   s 10om A2013-1 s 34

   Administration fee—Act, s 61U (3)

   s 11om A2013-1 s 34

   Modification of Act, pt 10—Act, s 104

   s 20ins SL2013-3 s 4

   exp 1 March 2014 (s 20 (2))

   Modification of Act

   sch 1ins SL2013-3 s 5

   exp 1 March 2014 (s 20 (2))

   Dictionary

   dictam A2013-1 s 35, s 36; A2017‑43 amdt 1.10, amdt 1.11

   def bet back ins A2013-1 s 37

   def bets held on races conducted in the ACT ins A2013-1 s 37

   def bets paid ins A2013-1 s 37

   def defined entity am A2016‑45 s 69; A2017‑43 amdt 1.12; pars renum R5 LA

   def external greyhound racing legislation or rules ins A2017‑43 amdt 1.13

   def rule of racing or betting sub A2017‑43 amdt 1.14

   def wagering turnover ins A2013-1 s 37

   def warning-off notice om A2013-1 s 38

3. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R1 1 Mar 2010	1 Mar 2010– 28 Feb 2013	not amended	new regulation
R2 1 Mar 2013	1 Mar 2013– 1 Mar 2014	SL2013-3	amendments by A2013-1 and SL2013-3
R3 2 Mar 2014	2 Mar 2014– 31 Aug 2016	SL2013‑3	expiry of modifications (sch 1)
R4 1 Sept 2016	1 Sept 2016– 29 Apr 2018	A2016‑45	amendments by A2016‑45
R5 30 Apr 2018	30 Apr 2018– 23 Aug 2022	A2017‑43	renaming and other amendments by A2017‑43