Totalizator Act 1916 (NSW)
TOTALIZATOI? A( T.
Act No. 75, 1916.
George V, A n A ct to prescribe and regnlate the use o f the
| No. 75. | totalizator 0 !i racecourses, and for that purpose to amend certain Acts relating to gaining, b etting , and Avagering ; to jirohibit th e m aking o f bets or  ■agors on a race dependent on the result o f the Avorking of the totalizator on such race ; and for purposes consequent thereon or incidental thereto. [A ssented to, 20th Decem ber, 1016.] |
T > E it enacted by the Kinu-'s ]\[ost Excellent Majesty, _J3 by and Avitli the adA'icc and consent of the Legis- latiA’C Council and L('gislatiA'c Assembly of Xeu’ South Wales in Parliament assembled, and by the authority of tlu' same, as follows :—■
| T | rcllmlnary. |
| Short title. | 1, This Act may be cited as the “ Totalizator Act, |
| 1910.” | ‘ |
| Defluitioii!,. | 2 . | In this Act,unless the contextotherwise requires,— |
“ Horse race ” includes trotting race or pony race.
“ Inspector” means inspector appointed under this
Act.
“ Eacecourse ”
| Totalizator Act. | 271 |
' Racecourse ” means racecourse licensed under the George V,
| provisions of the Gaming and Betting Act, 1912. Bace-mecting ” means meeting for the purpose of | No 75, |
horse-racing, trotting racing, or ]:>ony-racing.
Racing cluh ” means cluh, association, or other body of persons (nhether incorporated or unin corporated, proprietary, syndicate, company, or individual owners!lip) established for the purpose of pi’omoting, conducting, or control ling the sport of horse-racing, trotting-racing, or pony-racing.
The regulations” means the regulations made
under this Act.
The totalizator ” means the instrument or con trivance known as “ the totalizator,” and includes any other macliine or instrument of a like nature, and conducted on the like principles.
ZTse o f the totalizator.
3. Notwithstanding anytliing contained in any Act Power of
relating to gaming, Ifettiug, or wagering, the Governor,
by notification in the Gazette, may direct that any racing lotaiizator.
cluh therein mentioned shall establish a totalizator on
all or any racecourse at whicli it holds race meetings,
and shall on and after any day therein named use the
totalizator so established on every day on which a race
meeting is held on such racecourses, and may amend or
revoke any such notification.
If any racing cluh fails to use the totalizator when so directed as aforesaid it shall he liable to a penalty not exceeding one hundred pounds for every day on which such failure has occurred.
4. Before any totalizator is used by any racing cluh .Vpprovai.
the totalizator shall he approved by the Governor.
5. The use ol' the totalizator on a racecourse pursuant I'se of
to the provisions of this Act shall he lawful to all lô bctawfui,
intents and purposes, and a totalizator when used in
accordance with the provisions of this Act, and every
person engaged or concerned in the use of such instru
ment, and every house, office, room, or place u])on such
racecourse used for the purposes of such instrument,
and
Totalizator Act.
George V, and every placard or advertisement referring there to,
| No. 75. | sliall he exempt from the provisions of any Act pro hibiting gaming, betting, or nagering. |
| Penalty on | 6. | Any person eondueting or assisting in the conduct |
| person |
| unlawfully | or Avorhing of a totalizator unless it is used pui’suant to |
| conducting | |
| totalizator. | the provisions of tliis Act, shall, upon conviction for the first offence, he liable to a penalty of not less than one linndred and not more than five hundred pounds, and for any subsequent offence to imprisonment for a term not exceeding six months. |
| Management | 7 . Evorv totalizidor list'd l)y a cluh under the jiro- |
| of tetaiizator. | { j j j g | suhject to tlic | inspcction here |
inafter provided for, he under the care and management of some competent person appointed by the cluh, and under tlie direct supervision of the stewards or committee of the clul).
Loiumisswn.
| Cormuis^iot'. | 8. | (1) Every cluh using tlie totalizator under the |
provisions of this Act sliall deduct as commission out of the moneys paid into the totalizator in respect of any race ten per centum of tlie money so paid into the totalizator.
| Payment of | (:!) Eveiy such cluh shall, within fourteen days |
| jKjrtion of | after the holding of any race-meeting, pay seven-tenths | ||||
| to Colonial | |||||
| Ti ca&urer. |
| ||||
| Consolidated llevcnue Eund. Any such amount may he recovered fiom sncli clul) as a Crown debt in any courts of competent jurisdiction. | |||||
| The residue of three-tenths may he retained by the club, and slir.ll he expended by it in prizes for horse racing, trotting racing, or pony-racing, and in the upkeep of the totalizator to the satisfaction of the Minister, and the sums not so expended shall be paid to the Colonial Treasurer in accordance with this section. |
| Deduction f* r | (8) Every such cluh may, in addition, deduct |
| sinking fund, | moucys paid into the totalizator in respect of any race one jier centum of the money so paid into the totalizator, as a sinking fund to pay otf the cost of the installation of the totalizator, and of the construction of tlie necessary buildings to he used in relation thereto by | |
|
Provided
| Totalizator Act. | 273 |
| Providc'd that the amount of such cost shall he | George V, |
| determined as prescribed hy the rcj^ulations, and tliat | No. 75. |
| sucli deduction sliall cease to lie made when the cost of the installation and (instruction as aforesaid has been repaid out of the sinking' fund. |
9. (1) klvery cluh using- the totalizator shall pay i)istiii>Mtion
(after making deductions as aforesaid) hy way of dividends all moneys received from investnumts on the totalizator: Provided that it shall not Ik; necessary to ]iay any fraction of a shilling unless such fraction amounts to or excec'ds sixpence, in which case sixpence shall he paid :
Provided further that the amount so retained, together Avith dividends unclaimed for a jicriod of one month, shall, in the ease of clubs Avhieh carry on racing for tlie sake of jirotit to their shareholders, he paid to the Colonial 'rreasurer in accordance- Avith the preceding section.
(2) If any mcmln-i', officer, agent, or s(-rvaut of r.imity.
any such cluh maki-s, authorises, or ])ermits the jiayment to any person of any dividend Avhich is not calculated in accordance Avith tin- jirovisions of this Act and the re-gulations th.ercunder, lie shall lu- liable to a penalty not exceedina' twenty ])ounds ; and any cluh hy which any such dividend is paid in contravention of this section shall he- liable to a penalty not exceeding one hundred pounds for eacli olfenee.
| (3) It shall he lawful for any club or licensed racecourse to apply to the iMinister for permission to establish or use the totalizator under the provisions of lutaiizator. this Act. | -uion |
And further, it shall be lawful for any two or more AmUga-
clubs or licensed racecourses to apply to the 'liuistcr
for permission to amalgamate and use only one licensed racecourses,
racecourses for the meetings Avhich they each liaA'c the
right to hold, and upon such permission being given all
the rights and privileges of the clubs or I'acccourscs so
amalgamating shall aj)})ly to the racecourse and club
ajAproved in the said permit.
And the provisions of this Act in respect of the totalizator relating to each such club or licensed race course shall apply to such last-mentioned club or race course.
General
274 Totalizator Act.
| George V, | General provisions. |
No. 75.
| Power of | 1 0 . (1) The Governor may, on the recommendation |
| Governor to |
| establish | of tlie Colonial Treasurer, assume control of and use any |
| and use | totalizator established under this Act and which, in the |
| totalizator. | opinion of the Colonial Treasurer, is being mismanaged or misused, on such terms as the Governor thinks just. |
| Deductions. | (2) Where a totalizator is used hy the Governor in pursuance of this section he may deduct from the moneys paid into the totalizator in respect of any race a sum of money not exceeding ten per centum of the money so paid into the totalizator, and shall pay the amount so deducted, less all necessary expenses, into the Treasury, to he carried to the Consolidated llevenue Pund. |
| Distribution | |
| of dividends. | (3) Where the Governor uses a totalizator under this section he shall (after making deduction as afore said) pay hy way of dividends all moneys received from investments on the totalizator : Provided that it shall not be necessary so to pay any fraction of a shilling unless such fraction amounts to or exceeds sixpence, in which case sixpence shall be paid. |
| Return of |
| money | 1 1 . Within fourteen days after the holding of any |
| received | race-meeting whereat any totalizator is used by a |
| tlirough | |
| totalizator. | club, the committc'e or executive body of the club shall deposit with the Colonial Treasurer a full and true account, under the hand of the secretary of the club, or the hands of two members of such committee or executive body, of the sums received by such club through the totalizator on the occasion of the use thereof, with such details as may be prescribed by regulation, and of the commission retained as aforesaid, and of the details of the expenses of conducting such totalizator. I f such committee or executive body fails to comply with the provisions of this section each member thereof shall be liable to a penalty of not more than fifty pounds. |
| Penalty | on |
| persons under | 1 2 . I f any person under the age of twenty-one |
| 21 years of | years wagers, by means of the totalizator, he shall be |
| age wagering | |
| by means of | liable to a penalty of not less than one pound nor more |
| totalizator. | than twenty pounds for the first offence, and not less than five pounds nor more than fifty pounds for each subsequent offence : Provided that a clearly printed |
copy
| Totalizator Act. | 275 |
copy oi tliis section of the V̂ct shall he afhxcd over each George V,
door or otieniiui;' in every totalizator machiiu' at which
money is paid or received.
If any })crson or cluh uses any totalizator without having a copy of this section so ailixed as aforesaid, he or it shall be liable to a penalty not exceeding twenty pounds for each oll'cnce.
13. Any person having the management or control Selling
of any totalizator under the provisions of this Act, three months, or to a fine not exceediiAg tAventy pounds, or to both imprisonment and fine.
or any person emiiloved or acting in anv caiiacitv in puiehasing
connection Avitli any sucli totalizator ivho sells or to bean
delivers to any jierson whom he hnows to hi' an infant, "lence.
or to any person to his knowledge acting for sucli infant,
any ticket, card, or thing (uititling, or purporting to
entitle any pi'rson to any interest in any dividend,
division, or distribution of any moiu'y hy means of or in
connection Avith the operation of sneli totalizator in the
result of any opi-ration thereof, and any iMU'son avIio
a})plics for, purchases, or receives any such ticket, card,
or thing on behalf of any person Avlioni he knows to he
an infant, shall he liable, on conviction, to imprisonment
1 4 . Any piu’son avIio maki'sor (uiters into a bet upon Laying
avIio ]mrchascs from him, any t icket, card, or thing entitling or purporting to ('utitle tlu' purchaser or holder thereof to any interest in the result of the Avorking of the totalizator on any horse-race, or makes any contract or bargain of any kind to ]>ay or receive money upon an event determined or to hi; deteriniiu'd by the result of the Avorking of the totalizator on any horse-race, is guilty of an olfenee, and is liable on summary convic tion to imprisonnu'ut Avith or Avithout hard labour for a term not exceeding three months, or to a fine not exceed ing tAventv poirnds, or to both tine and imprisonment.
th(' result of a horse-race, Avlierehy lie agrees to pay to any person
the other party to the said bet, if the latter should win iLaiing m
the same, a sum of money the amount of Avhich is
dependent upon the result of the Avorking of the îLuce.
totalizator on tlie said horse-race, and any person (not
being a ])erson lawfully conducting or employed in the
| ‘ | 15 . |
276 Totalizator Act.
| George V, |
|
| No. 75. | or interest of any kind Avliatcvcr, or npon any |
pi'rloliYaetî Understanding' or agreement, either express or implied as totalizator foi’ SUcll fee, commission, reward, sliarc, or interest,
| agenls. | receive from any other person any money for the purpose of placing, investing, or depositing tlie same, or any part thereof, in any totalizator. Any person acting in con travention of this section shall upon conviction for the first olfenee he liable to a penalty of not more than one hundred pounds, and upon conviction for any subsequent offence he liable to imprisonment for a term not exceed ing six months. |
| Oificera of |
| racing clubs | 16. An officer, agent, or servant of a racing club |
| not to accept | shall not accept or act on any telegrajihic or telephonic |
| tclegrapliic | |
| or telephonic | request, instructions, or directions relating to invest |
| instructions | ments on a totalizator, whctlier such request, instructions, |
| as to invest | |
| ments on | or directions are received on a racecourse or elsewhere. |
| totalizator. | Any person committing a breach of the provisions of this section shall he liable on conviction to a penalty of not less than twenty and not more than fifty pounds. |
| No invest |
| ment on | 1 7 . A member, officer, agent, or servant of any |
| totalizator | racing cluh shall not receive, or permit to he received, |
| Ji t ter | notified |
| time for s t a r t | any investment on the totalizator in respect of any race |
| ing race. | after the time notified by such club for the starting of such race. |
| Any person committing a breacli of the provisions of this section shall he liable on conviction to a penalty not exceeding fifty pounds. |
Inspectors.
| Inspectors. | 1 0 . | Govpmor may appoint inspectors, who shall |
at all times during a race-meeting at which a totalizator is used, have the right of entry without charge to the racecourse wliere such meeting is being held.
Any inspector may, during such meeting, enter, for the purpose of inspection, any building containing a totalizator.
He may, during such inspection, examine any part of the machinery or working of the totalizator, hut so that he in no way interferes with the working thereof.
He
| Totalizator Act. | 277 |
l ie may demand any information lie deems nccessar}’ George V,
for the purposes ol' tlie inspection from the person or No. 75.
persons appointed liy the stewards or committee of tlie
club to have the care and management ol' tlu' totalizator.
l i e shall have such further ]>owers and shall perform
such duties as may be prescribed by the regulations.
1 9 . Any person who binders or attemjits to binder an ivr-̂ ons
| insiicctor entering-any racecourse or building containing | . |
| ~ | 1 | i ‘ | ins])octors in |
a totalizator m execution ot liis uuty, or avI i o reluses to oxocutiou of
give any information which In- may demand under the
powers conferred on him liy this Act or the rc-gnlations,
or who hinders or attempts to hinder him in the c.vccntion
of any power or duty prescribed hy this Act or tln̂
regulations, shall be liable to a penalty not exceeding
fifty pounds.
Hcgiila/ions.
2 0 . The G(n'ernor may make regulations pro- la.̂ ruiations.
scribing—
(a) the powi'vs and duties of inspectors;
| (b) | and generally all things necessary to carry this Act into elVeet; |
.and may in tbo (! regulations impose p('naliies not
exceeding twenty pounds for any breach thereof.
| J'ecorcri) | of penalties. |
| 21. All olh'uees under this Act or the rc-gnlations iun | ovu | -v | cf |
may lx; prosecuted, ai.d all ])enalties for such ofl'ences may he leeovered, before' a stipendiary or police magis trate or before any two justices of the i>eaee in petty sessions.
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