Totalizator Act 1997 (NSW)
An Act to amend and consolidate the law relating to the conduct of totalizators and the regulation of totalizator betting; to repeal the Totalizator Act 1916 and the Totalizator (Off-course Betting) Act 1964; to make consequential amendments to other Acts; and for other purposes.
This Act is the Totalizator Act 1997.
This Act commences on a day or days to be appointed by proclamation.
Different days may be appointed for the repeal of different provisions of any Act repealed by this Act.
The objects of this Act are—
(a) to make provision for the proper conduct of totalizator betting in the public interest and to minimise any harm associated with such betting.
(b) (Repealed)
This Act applies, unless otherwise expressly provided, to and in respect of the conduct of totalizators, whether on or off a racecourse.
In this Act—
(a) register the bet,
(b) calculate the dividend or other return (if any) payable on the bet,
(c) carry out an activity for the purpose of calculating the dividend or other return (if any) payable on the bet,
(d) if the bet is a winning bet—pay out on the bet,
(e) generate and maintain records in relation to the bet,
(f) otherwise deal with the bet.
(a) land in New South Wales that is licensed as a racecourse under the Betting and Racing Act 1998, or
(b) land outside New South Wales (including outside Australia) used for race meetings.
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes in the text of this Act do not form part of this Act.
For the purposes of this Act,
(a) a system used to enable persons to invest money on events or contingencies with a view to successfully predicting specified outcomes of those events or contingencies and to enable the money left after the deduction of commission to be divided and distributed among those persons who successfully predict those outcomes, and
(b) any instrument, machine or device through or by which the system is operated.
Under this Act money can be invested on a totalizator for horse and greyhound races, and on other events approved by the Minister. References in this Act to a totalizator can include a reference to an approved betting activity under section 13. See that section.
For the purposes of this Act, the
For the purposes of this Act, the racing clubs for which a controlling body is responsible are—
(a) in the case of Racing New South Wales—racing clubs that promote, conduct or control horse racing, and
(b) in the case of Harness Racing New South Wales—racing clubs that promote, conduct or control harness racing, and
(c) in the case of the Greyhound Racing New South Wales—racing clubs that promote, conduct or control greyhound racing.
If a controlling body ceases to exist, its functions under this Act are conferred on its successor and its successor becomes a controlling body in its place (including for the purposes of the operation of this section).
The successor of a controlling body is the body nominated by the Minister by order published in the Gazette.
The Minister cannot nominate a body as successor of a controlling body except with the approval of both a majority of the racing clubs for which the controlling body is responsible and of the principal racing club or clubs (as the case may be) for which the controlling body is responsible.
If a successor of a controlling body cannot be nominated, there is no successor of that body for the purposes of this section.
For the purposes of this Act, the
(a) the merged racing club (within the meaning of the Australian Jockey and Sydney Turf Clubs Merger Act 2010),
(b) (Repealed)
(c) Provincial Association of New South Wales,
(d) Country Racing Council Limited,
(e) New South Wales Harness Racing Club Limited,
(f) NSW Greyhound Breeders, Owners & Trainers Association Limited,
(g) New South Wales National Coursing Association Limited.
If a major racing body ceases to exist, its functions under this Act are conferred on its successor and its successor becomes a major racing body in its place (including for the purposes of the operation of this section).
The successor of a major racing body is the body nominated by the Minister by order published in the Gazette.
The Minister cannot nominate a body as successor of a major racing body except with the approval of a majority of the racing clubs whose interests the major racing body represented or, where the major racing body did not represent the interests of any racing club, with the approval of a majority of the persons who were members of the major racing body immediately before it ceased to exist.
If a successor of a major racing body cannot be nominated, there is no successor of that body for the purposes of this section.
Section 13 (Licensee can be approved to conduct other betting activities) provides that references in this Part to a totalizator include reference to approved betting activities under that section.
The conduct of a totalizator by a licensee is not unlawful, despite the provisions of the Unlawful Gambling Act 1998, the Public Lotteries Act 1996 or any other Act or law.
In particular, the Community Gaming Act 2018 does not apply to or in respect of any such conduct of a totalizator.
An agreement is not to be regarded as void or voidable, or otherwise unenforceable, merely because it relates to, or is made for the purposes of, betting on a totalizator conducted by a licensee.
Without limiting subsection (1), section 56 of the Unlawful Gambling Act 1998 does not apply to or in respect of betting on a totalizator conducted by a licensee.
A person, other than a licensee, who conducts a totalizator is guilty of an offence.
Maximum penalty—
(a) for an individual—
(i) 50 penalty units for a first offence, or
(ii) 100 penalty units or imprisonment for 6 months (or both) for a second or subsequent offence, or
(b) for a corporation—
(i) 250 penalty units for a first offence, or
(ii) 1,000 penalty units for a second or subsequent offence.
A licensee who conducts a totalizator is guilty of an offence if—
(a) the licence does not authorise the conduct of that totalizator or totalizators of that kind, or
(b) the totalizator is conducted in contravention of a requirement of or made under this Act, the regulations, the rules or the conditions of the licence.
Maximum penalty—
(a) for an individual—
(i) 50 penalty units for a first offence, or
(ii) 100 penalty units or imprisonment for 6 months (or both) for a second or subsequent offence, or
(b) for a corporation—
(i) 250 penalty units for a first offence, or
(ii) 1,000 penalty units for a second or subsequent offence.
The Minister may, by notice published in the Gazette, approve, for the purposes of this section, any person who is authorised under the law of another State or a Territory or another country to conduct a betting activity in that State, Territory or country (
An approved person may, while the approval is in force—
(a) with the written consent of a licensee, use the systems or technology of the licensee (including any totalizator of the licensee), or
(b) arrange for the licensee, on behalf of the approved person,
to process in New South Wales bets placed (or to be placed) with the approved person in the conduct, by a method specified in the notice of approval, of a betting activity that the approved person is authorised to conduct in the State, Territory or country concerned.
For the purposes of this Act, the processing of bets by an approved person or a licensee in accordance with subsection (2) is taken not to constitute, or involve, the conduct of a totalizator or other betting activity in New South Wales.
An approval under this section may be revoked at any time by further notice published in the Gazette.
The revocation of an approval does not affect any bet in the course of being processed at the time of the revocation.
In this section,
The Minister may, by notice published in the Gazette, nominate, for the purposes of this section, any person who is authorised under the law of another State or a Territory or another country to conduct a betting activity (whether by means of a totalizator or otherwise) in that State, Territory or country (
A licensee may, while a nomination is in force—
(a) arrange with the nominated person for the licensee to use systems or technology (including a totalizator) of the nominated person, or
(b) arrange for the nominated person, on behalf of the licensee,
to process, in the nominated person’s jurisdiction, bets placed (or to be placed) with the licensee in the conduct of a betting activity that the licensee is authorised to conduct.
In taking action under subsection (2), a licensee is, for the purposes of this Act—
(a) taken to be conducting a betting activity in New South Wales, and
(b) taken to be conducting a totalizator in New South Wales in respect of such of the bets processed under that subsection as were (or are to be) placed with the licensee by way of a totalizator.
A nomination under this section may be revoked at any time by further notice published in the Gazette.
The revocation of a nomination does not affect any bet in the course of being processed at the time of the revocation.
In this section,
A person is not guilty of an offence under any law merely because—
(a) the person makes bets by means of a totalizator conducted by a licensee, or
(b) the person is or acts for a licensee and the person conducts a totalizator in accordance with the requirements of or made under this Act, the regulations, the rules and the conditions of the licensee’s licence, or
(c) in relation to a totalizator conducted in the manner referred to in paragraph (b), the person—
(i) is concerned in the conduct of the totalizator, or
(ii) prints or publishes any thing relating to the conduct of the totalizator, or
(iii) is the owner or occupier of any premises used for the purpose of, or in connection with, the conduct of the totalizator.
This section does not affect any offence against this Act or the regulations.
In this Division, the
Despite subsection (1), the
A licence may be granted under this Act for the conduct of a totalizator in respect of betting on any one or more of the following events and contingencies—
(a) events and contingencies scheduled to be held at a race meeting on any racecourse within or outside Australia (being horse racing, harness racing or greyhound racing events or contingencies),
(b) any declared betting event (within the meaning of the Betting and Racing Act 1998).
or both.
A licence may only be granted to a company incorporated under the Corporations Act 2001 of the Commonwealth or a racing club.
A licence may be granted for an on-course totalizator or an off-course totalizator, or both.
A licensee may under a contract or other arrangement engage a person to conduct a totalizator on behalf of the licensee as the licensee’s agent or to exercise on behalf of the licensee as the licensee’s agent functions in connection with the conduct of a totalizator.
The licensee may under a contract or other arrangement engage persons to perform any service in connection with the conduct of a totalizator by the licensee.
The Minister may by instrument in writing approve of the holder of a licence conducting a betting activity (otherwise than by means of a totalizator) on a particular event or contingency or class of events or contingencies, subject to such conditions as the Minister determines.
A betting activity may be approved under this section in respect of any of the following events and contingencies—
(a) events and contingencies scheduled to be held at a race meeting on any racecourse within or outside Australia (being horse racing, harness racing or greyhound racing events or contingencies),
(b) any declared betting event (within the meaning of the Betting and Racing Act 1998),
(c) computer simulated horse racing, harness racing or greyhound racing events.
The Minister must not under this section approve of a licensee conducting a betting activity that, in the opinion of the Minister, is offensive or contrary to the public interest.
The Minister is entitled to require payment of a charge of such amount as the Minister, with the concurrence of the Treasurer, considers appropriate for the grant of an approval under this section and the approval is of no force or effect while any charge payable is unpaid. A charge payable under this section can be set as a specified amount, an amount calculated in a specified manner, or a specified “base” amount plus an amount calculated in a specified manner.
Notice of an approval under this section must be published in the Gazette as soon as practicable after the approval is given but a failure to publish the notice does not affect the validity of the approval. An approval remains in force for the period specified in the approval or (if no period is specified) until it is withdrawn.
The approval of a betting activity may be given subject to conditions. The conditions become conditions of the licensee’s licence and may be substituted, varied, revoked or added to accordingly.
When an approval is in force under this section for the conduct by a licensee of a betting activity—
(a) the licensee’s licence is taken to authorise the conduct of the approved betting activity, and
(b) a reference in this Act to a totalizator includes (in respect of the licensee concerned) a reference to the approved betting activity, except in Part 6 (Financial provisions) and except as the regulations may otherwise provide.
The Minister may, for any reasonable cause stated in writing by the Minister, withdraw an approval given under this section. The Minister cannot withdraw an approval until the Minister has given the licensee a reasonable opportunity to be heard or to make submissions on the matter.
TAB or a wholly owned subsidiary of TAB is entitled to be granted a licence (the
(a) events and contingencies scheduled to be held at a race meeting on any racecourse within or outside Australia (being horse racing, harness racing or greyhound racing events or contingencies),
(b) any declared betting event (within the meaning of the Betting and Racing Act 1998).
No other person may be granted a licence for the conduct, during the exclusivity period, of an off-course totalizator in respect of an event or contingency referred to in subsection (1).
The Minister may, in the Minister’s absolute discretion, grant the TAB off-course licence for a term that is longer than the exclusivity period.
The TAB off-course licence is only “exclusive” for the exclusivity period, even if it is granted for a longer period.
This section ceases to apply if the exclusive licence is cancelled or otherwise ceases to have effect under this Act.
No application under this Act is required for the purposes of the grant pursuant to this section of the TAB off-course licence (whether it is granted for the exclusivity period or for a longer period).
TAB or a wholly owned subsidiary of TAB is entitled to be granted a licence (the
(a) events and contingencies scheduled to be held at a race meeting on any racecourse within or outside Australia (being horse racing, harness racing or greyhound racing events or contingencies),
(b) any declared betting event (within the meaning of the Betting and Racing Act 1998).
Each racing club (whether or not in existence on the commencement of this section) is also entitled to a licence (a
No other person or body may be granted a licence for the conduct, during the exclusivity period, of an on-course totalizator in respect of an event or contingency to which an entitlement under subsection (1) or (2) applies.
The Minister may, in the Minister’s absolute discretion, grant any of the licences to which this section applies for a term that is longer than the exclusivity period.
A licence is only “exclusive” for the exclusivity period, even if it is granted for a longer period.
Subsection (1) ceases to apply if the TAB on-course licence is cancelled or otherwise ceases to have effect under this Act. Subsection (2) ceases to apply to a racing club if its club on-course licence is cancelled or otherwise ceases to have effect under this Act.
The Minister can cancel the TAB on-course licence if the TAB off-course licence under section 14 is cancelled or otherwise ceases to have effect. Such a cancellation can be effected by notice in writing to the licensee under the TAB on-course licence and is not subject to the other requirements of this Act regarding cancellation of a licence.
No application under this Act is required for the purposes of the grant pursuant to this section of the TAB on-course licence or a club on-course licence, whether it is granted for the exclusivity period or for a longer period.
TAB Limited is the only person entitled to be approved to conduct a betting activity on computer simulated racing events during the exclusive approval period.
An approval or authorisation (however described) must not be granted under any other Act to permit the conduct of a betting activity on computer simulated racing events during the exclusive approval period.
This section ceases to apply if the licence held by TAB Limited is cancelled or otherwise ceases to have effect under this Act.
No application under this Act is required for the purposes of an approval given pursuant to this section.
In this section—
The Minister may determine that an amount is payable as consideration for the grant of a licence under this Act, except a licence granted to a racing club to authorise the operation of an on-course totalizator. Different amounts may be determined for different licences.
The Minister may determine a periodic licence fee for a licence under this Act, except a licence granted to a racing club to authorise the operation of an on-course totalizator and a licence granted to TAB or a wholly owned subsidiary of TAB under section 14 or 15. Any such fee is payable in accordance with the regulations. Different fees may be determined for different licences.
The Minister can require payment of an amount of consideration payable under this section by payment in money or by the issue of shares to the State or as the Minister may otherwise direct.
A licence for which an amount of consideration has been determined to be payable under this section is not to be granted until the amount has been paid or arrangements satisfactory to the Minister have been made for its payment.
The regulations may make provision for or with respect to any fee payable under this section and in particular may provide for any of the following—
(a) the periods in respect of which a fee is payable,
(b) times for payments of fees,
(c) payment by instalments,
(d) penalties for late payment,
(e) suspension or cancellation of a licence for failing to pay a fee,
(f) the circumstances in which a fee (or part of a fee) may be refunded.
The provisions of this Part are not intended to prevent TAB or a racing club (assuming that they are otherwise qualified) from applying for and being granted further licences in respect of any period beyond the period for which they hold licences granted pursuant to section 14 or 15.
A totalizator established and conducted pursuant to this Act by a racing club on a racecourse on which no authorised betting auditorium is established and conducted may be used only—
(a) on days on which race meetings are scheduled to be held on the racecourse, and
(b) in connection with races scheduled to be run on any such day or on any subsequent day on the racecourse or on any other racecourse within or outside New South Wales.
Any totalizator established and conducted pursuant to this Act by a racing club on a racecourse on which an authorised betting auditorium is established and conducted may be used in connection with any races to be run on that racecourse or on any other racecourse within or outside New South Wales.
If both TAB and a racing club are conducting a totalizator in respect of the same event or contingency, all bets made with the racing club in respect of the event or contingency—
(a) are to be received by the racing club as agent for TAB, and
(b) are to be paid by the racing club into the totalizator conducted by TAB and are to form part of the money invested in that totalizator on the event or contingency.
It is a condition of a licence under this Act held by a racing club or by TAB that the licensee is to give effect to the requirements of subsection (3) in respect of bets made with the racing club.
Because the bets referred to in subsection (3) are treated as bets received by TAB the commission that can be deducted from the bets is deducted by TAB and not by the racing club. TAB pays the betting tax on the commission deducted and the racing club is not liable for that tax.
The Minister is authorised, on behalf of the Crown in right of the State, to accept the offer made by TAB Limited in the tabled copy of the deed poll to enter into the deed entitled “NSW Exclusivity Deed” set out in Attachment 1 to that deed poll.
The
If and when the NSW Exclusivity Deed comes into force, the
(a) commencing at the beginning of 23 June 2013, and
(b) ending at 12.00 am on 23 June 2033.
The NSW Exclusivity Deed will, on coming into force, entitle the Crown to be paid specified instalments as consideration for the extension of the exclusivity period.
However, subsection (3) ceases to have effect if the NSW Exclusivity Deed is terminated before 23 June 2033 in accordance with clause 5.1 of the Deed and, on such a termination, the exclusivity period referred to in section 11 is taken to have ended for the purposes of this Act (including for the purposes of any provision of a licence that refers to the exclusivity period).
For the avoidance of doubt, it is declared that—
(a) the Minister for Tourism, Major Events, Hospitality and Racing was authorised, on behalf of the Crown in right of the State, to conduct negotiations with TAB Limited concerning the extension of the exclusivity period referred to in section 11 (including in relation to the consideration payable to the Crown for any such extension), and
(b) the tabling of the tabled copy of the deed poll as provided by this section does not abrogate, limit or otherwise affect any right or liability of any person arising under or in relation to the deed poll or the NSW Exclusivity Deed after it comes into force, and
(c) except as provided by subsection (4), nothing in section 107 (No right to compensation for cancellation etc) abrogates, limits or otherwise affects any claim or any other action by TAB Limited against the Crown in right of the State under the NSW Exclusivity Deed after it comes into force.
This section has effect despite anything to the contrary in this Act or any other law.
The following conduct is specifically authorised by this Act for the purposes of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales—
(a) the grant of the TAB off-course licence, the TAB on-course licence and a club on-course licence referred to in sections 14 and 15 of this Act,
(b) conduct authorised or required by or under the terms or conditions of a licence referred to in paragraph (a),
(b1) conduct authorised by section 9A or 9B,
(b2) in relation to an arrangement comprised by a deed referred to in section 17AA—
(i) entering into the arrangement, or
(ii) giving effect to the arrangement, or
(iii) conduct of the parties to the arrangement in negotiating the arrangement,
(c) entering into an arrangement or proposed arrangement approved under this section,
(d) giving effect to an arrangement approved under this section,
(e) the giving of a direction pursuant to clause 15 (Power of controlling bodies to give directions) of Schedule 2 and any conduct engaged in in compliance with any such direction,
(f) the exclusive approval of the holder of a licence conducting a betting activity on computer simulated horse racing, harness racing or greyhound racing events as referred to in section 15AA.
The Minister may by order published in the Gazette approve of the following for the purposes of this section—
(a) any arrangement or proposed arrangement entered into or to be entered into for the purposes of section 21A (Commercial arrangements with the racing industry), 43(2) or 43A,
(b) any arrangement or proposed arrangement that in the opinion of the Minister is associated with and necessary or convenient for giving effect to a licence referred to in subsection (1) or an arrangement or proposed arrangement referred to in paragraph (a).
An approval under this section must identify the parties to the arrangements concerned.
Conduct authorised by this section is authorised only to the extent (if any) that it would otherwise contravene Part IV of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales.
In this section—
(a) complying with any obligation under the arrangement, and
(b) exercising or enforcing any right or power under the arrangement.
Section 51 of the Competition and Consumer Act 2010 of the Commonwealth and the Competition Code of New South Wales provide that anything that is authorised by an Act is to be disregarded in deciding whether a person has contravened Part IV of the Competition and Consumer Act 2010 and the Competition Code (which relates to restrictive trade practices).
An application for a licence to conduct a totalizator is to be made to the Minister.
An application is to be in such form, and accompanied by such information and documents, as the Minister requires.
The Minister must not grant an application for a licence to a company unless satisfied that no person has a prohibited shareholding interest in the company (within the meaning of Division 3).
A person to whom this section applies must not—
(a) hold a casino licence under the Casino Control Act 1992, or
(b) hold any other licence, or conduct any other business or activity, that is prescribed by the regulations for the purposes of this section.
This section applies to the following persons—
(a) the licensee,
(b) a subsidiary of the licensee,
(c) a related body corporate of the licensee.
However, subsection (1)(a) does not apply to or in respect of the nominated company or a related body corporate of the nominated company during any period during which the exemption granted to the nominated company and any related body corporate by section 32A is in force.
The Minister must not grant an application for a licence unless satisfied that the applicant, and each close associate of the applicant, is a suitable person to be concerned in or associated with the conduct of a totalizator.
For that purpose, the Minister is to consider whether—
(a) each of those persons is of good repute, having regard to character, honesty and integrity, and
(b) each of those persons is of sound and stable financial background, and
(c) in the case of an applicant that is not a natural person, it has or has arranged a satisfactory ownership, trust or corporate structure, and
(d) the applicant has or is able to obtain financial resources that are both suitable and adequate for ensuring the financial viability of the proposed totalizator, and
(e) the applicant has sufficient business ability to establish and conduct a successful totalizator, and
(f) the applicant has or is able to obtain the services of persons who have sufficient experience in the conduct of a totalizator, and
(g) any of those persons has any business association with any person, body or association that, in the opinion of the Minister, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial sources, and
(h) each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Minister to be associated or connected with the ownership, administration or management of the operations or business of the applicant or a close associate of the applicant is a suitable person to act in that capacity.
(Repealed)
The Minister must not grant an application for a licence unless satisfied that section 20 (Licensee not to be associated with casino and other activities) would not be contravened as a result of the grant of a licence to the applicant.
The Minister must not grant a licence (including a licence to TAB under section 14 or 15, but not including a licence to authorise a racing club to operate an on-course totalizator) unless—
(a) the Minister is satisfied that the applicant has made commercial arrangements with the racing industry in respect of the licence and the conduct of activities authorised by the licence, and
(b) the racing industry has provided the Minister with a written acknowledgment to the effect that the racing industry is satisfied with those arrangements, and
(c) the Minister has been provided with a copy of any agreement or other instrument that those arrangements involve.
For the purposes of this section,
For the purposes of this Act, a person is a
(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the totalizator business of the licence applicant or holder, and by virtue of that interest or power is or will be able (in the opinion of the Minister) to exercise a significant influence over or with respect to the conduct of that totalizator business, or
(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the totalizator business of the licence applicant or holder.
In this section—
(a) any share in the capital of the business, or
(b) any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.
(a) to participate in any directorial, managerial or executive decision, or
(b) to elect or appoint any person to any relevant position.
On receiving an application for a licence, the Minister must carry out all such investigations and inquiries as the Minister considers necessary to enable the Minister to consider the application properly.
In particular, the Minister—
(a) may require any person the Minister is investigating in relation to the person’s suitability to be concerned in or associated with the conduct of a totalizator to consent to having his or her photograph, fingerprints and palm prints taken, and
(b) must refer to the Commissioner of Police details of the persons the Minister is investigating, copies of any photographs, fingerprints and palm prints taken and any supporting information that the Minister considers appropriate for referral to the Commissioner.
The Commissioner of Police is to inquire into and report to the Minister on such matters concerning the application as the Minister may request.
The Minister may refuse to consider an application for a licence while any person from whom the Minister requires a photograph, fingerprints or palm prints under this section refuses to allow his or her photograph, fingerprints or palm prints to be taken.
The Minister may, by notice in writing, require a person who is an applicant for a licence or who, in the opinion of the Minister, has some association or connection with the applicant that is relevant to the application to do any one or more of the following things—
(a) to provide, in accordance with directions in the notice, such information, verified by statutory declaration, as is relevant to the investigation of the application and is specified in the notice,
(b) to produce, in accordance with directions in the notice, such records relevant to investigation of the application as are specified in the notice and to permit examination of the records, the taking of extracts from them and the making of copies of them,
(c) to authorise a person described in the notice to comply with a specified requirement of the kind referred to in paragraph (a) or (b),
(d) to furnish to the Minister such authorities and consents as the Minister directs for the purpose of enabling the Minister to obtain information (including financial and other confidential information) from other persons concerning the person and his or her associates or relations.
If a requirement made under this section is not complied with, the Minister may refuse to consider the application concerned.
A person who complies with a requirement of a notice under this section does not on that account incur a liability to another person.
The reasonable costs incurred by the Minister in investigating and inquiring into an application for a licence are payable to the Minister by the applicant, unless the Minister determines otherwise in a particular case.
The Minister may require part or full payment in advance of the amount the Minister estimates will be payable by the applicant and may refuse to deal with the application until the required payment is made.
Investigation and inquiry costs may include travelling expenses within or outside the State.
It is a condition of any licence granted to the applicant that any amount payable under this section is paid.
If a change occurs in the information provided in or in connection with an application for a licence before the application is determined, the applicant must as soon as possible give the Minister written particulars of the change verified by statutory declaration.
Maximum penalty—50 penalty units.
Particulars of any change given by the applicant are then to be considered to have formed part of the original application for the purposes of the application of subsection (1) to any further change in the information provided.
This section does not apply to a change in information if the Minister has notified the applicant in writing that the Minister does not require particulars of any change in the information concerned or does not require particulars of the type of change concerned.
The Minister may, after considering an application for a licence—
(a) grant a licence to the person making the application, or
(b) refuse to grant a licence.
The Minister may grant a licence subject to any conditions determined by the Minister and specified in the licence.
A licence may be granted to one person or 2 or more persons jointly.
A licence remains in force for the period for which it is granted, as specified in the licence, unless sooner cancelled or surrendered.
A licence confers no right of property and is incapable of being assigned or mortgaged, charged or otherwise encumbered. This section does not prevent a licensee from conducting activities authorised by the licence in the course of a joint venture or other arrangement to which the licensee is a party.
This Division applies only to a licensee that is a company incorporated under the Corporations Act 2001 of the Commonwealth the licence of which authorises the conduct of an off-course totalizator.
A reference in this Division (other than section 30) to the Corporations Law (or a provision of that Law) is a reference to that Law (or the provision of that Law) as in force on 6 March 1998.
In this Division—
For the purposes of this Division, a person is an associate of another in relation to a licensee—
(a) if the Minister—
(i) is of the opinion that the person and the other are likely to act in concert with a view to taking control of, or exercising significant influence over, the licensee against the public interest, and
(ii) by notice in writing served on the licensee, declares that the person is an associate of the other in relation to the licensee, or
(b) if the person is an associate of the other within the meaning of Division 2 of Part 1.2 of the Corporations Law, with that Division modified by omitting sections 13, 14, 16(2) and 17 of that Law and by substituting for paragraphs (b) and (c) of section 12(1) of that Law the following—
• or
(b) the primary person’s entitlement, as provided by section 609, to shares in a body corporate.
Where notice of a declaration under subsection (2) is served on a licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served on the persons to whom the declaration relates.
For the purposes of this Division, a person has a relevant interest in a share if, and only if, the person would be taken to have a relevant interest in the share because of Division 5 of Part 1.2 of the Corporations Law if sections 33 and 35(c) of that Law were disregarded.
For the purposes of this Division, the voting shares in a licensee to which a person (being the licensee or any other person) is entitled include voting shares in the licensee to which the person is entitled in accordance with section 609 of the Corporations Law, as if in that section a reference to an associate were a reference to an associate for the purposes of this Division and a reference to a relevant interest were a reference to a relevant interest to which subsection (4) of this section applies.
A reference in this Division to the Corporations Law is a reference to that Law as it would apply if references in that Law to a body corporate, corporation or company included references to—
(a) a body corporate of any kind wherever formed or incorporated and whether formed or incorporated under that Law or any other law, and
(b) any unincorporated body, being a society, association, company of proprietors or other body, wherever formed, that, under the law of its place of formation, may sue or be sued, or may hold property in the name of the secretary or some other officer of the society, association or body, or in the name of any trustee or trustees, and
(c) any unincorporated body, being a society, association, company of proprietors or other body or undertaking to which is applied, under the laws of the place of its formation, with or without exceptions, a law in force in that place relating to companies or corporations as if it were a company or corporation within the meaning of that Law.
The regulations may provide that relevant interests, or particular classes of relevant interests, in shares, or in particular classes of shares, are, in such circumstances and subject to such conditions (if any) as are specified in the regulations, to be disregarded for such purposes as are specified in the regulations.
If a whole or a portion of the share capital of a licensee consists of stock, a reference in this Division to a number of shares in the licensee as a percentage is, in relation to an amount of stock, a reference to the amount of stock that represents that number of shares.
This Division (including any provision of the Corporations Law referred to or applied for the purposes of this Division) applies in relation to any transaction, agreement, arrangement, understanding or undertaking—
(a) whether the transaction, agreement, arrangement, understanding or undertaking is entered into, or made, in this State or elsewhere, and
(b) whether the shares (if any) to which the transaction, agreement, arrangement, understanding or undertaking relates are registered in this State or elsewhere, and
(c) whether the proper law of the transaction, agreement, arrangement, understanding or undertaking is the law of this State or not.
The other provisions of this Division do not apply to or in respect of the nominated company or a related body corporate of the nominated company (other than a licensee or a subsidiary of a licensee), in relation to its entitlement to voting shares in TAB Limited, during any period during which the exemption granted to the nominated company and any related body corporate by section 37A of the Totalizator Agency Board Privatisation Act 1997 is in force.
A person has a prohibited shareholding interest in a licensee if the person is entitled to voting shares in the licensee that together constitute more than 10% of the total number of voting shares in the licensee.
For the purposes of this Division, a licensee or a subsidiary of a licensee cannot have a prohibited shareholding interest in the licensee.
A person must not have a prohibited shareholding interest in a licensee. A person who contravenes this subsection is guilty of an offence.
Maximum penalty—100 penalty units.
The Minister, or a director or the secretary of a licensee, may, by notice in writing served on a person who is, or is suspected by the Minister, director or secretary, as the case may be, of being entitled to shares in the licensee, require the person to furnish information specified in the notice for the purpose of determining whether that person or any other person has, or is taking action to acquire, a prohibited shareholding interest in the licensee.
A notice under subsection (1) may require the person on whom the notice is served, or, if that person is a corporation, 2 directors of the corporation, to verify by statutory declaration any information furnished in compliance with the notice.
If—
(a) a person on whom a notice under subsection (1) has been served fails to furnish, within the period required by the notice, the information required by the notice, verified as required by the notice, or
(b) information furnished by the person in response to the notice is, in the opinion of the Minister, by reason of anything included in it or omitted from it, false or misleading in a material particular,
the Minister may, by reason only of that fact, by notice in writing served on the licensee concerned, do one or more of the following—
(c) declare that the person is an associate of another, or that another is an associate of that person,
(d) declare that the person, or another to whom a declaration under paragraph (c) relates, is entitled to specified shares in the licensee concerned,
(e) declare that the person, or another to whom a declaration under paragraph (c) relates, has a prohibited shareholding interest in the licensee concerned.
A declaration under subsection (3) has effect according to its tenor for the purposes of this Division.
If notice of a declaration under subsection (3) is served on a licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served—
(a) on the person to whom the declaration relates, and
(b) in the case of a declaration under paragraph (e) of that subsection—on the holder of the shares to which the declaration relates.
A person who fails to comply with a requirement of a notice under this section, or in purported compliance with such a requirement furnishes information that is false or misleading in a material particular, is guilty of an offence.
Maximum penalty—100 penalty units.
It is a defence to a prosecution of a person for an offence under subsection (5) if it is proved that, at the time the information was furnished, the person believed, on reasonable grounds—
(a) in the case of false information—that the information was true, or
(b) in the case of misleading information—that the information was not misleading.
A person is not liable to be convicted of both an offence under subsection (5) and an offence under Chapter 4 (Perjury, false statements etc) of Part 7 of the Crimes Act 1900 in respect of the same incident. Section 112 (False or misleading information) does not apply to the furnishing of information under this section.
A person who is required to give notice to a licensee under a provision of Part 6C.1 of the Corporations Act 2001 of the Commonwealth must give a copy of the notice to the Minister within the time that the notice is required under that Act to be given to the licensee.
Maximum penalty—100 penalty units.
A licensee must notify the Minister in writing within 2 business days after it receives a notice from a person under a provision of Part 6C.1 of the Corporations Act 2001 of the Commonwealth, informing the Minister of the name and address of the person from whom the notice was received.
Maximum penalty—100 penalty units.
If the Minister—
(a) makes a declaration under section 34(3), or
(b) forms the opinion and, by notice in writing served on a licensee, declares under this subsection,
that a person (in this section referred to as
(c) if the offender holds voting shares in the licensee to which the offender is entitled—on the offender, or
(d) on any other person who holds voting shares in the licensee to which the offender is entitled,
declare that the offender or that other person must dispose of the relevant number of those shares, or a specified number of those shares not exceeding the relevant number, otherwise than to the offender or an associate of the offender within a specified period, being not less than 3 months after service of the notice.
For the purposes of subsection (1), the relevant number of shares that a person may be required by a notice under that subsection to dispose of is—
(a) subject to paragraph (b), the number of shares held by the person that would need to be so disposed of in order to cause the offender to cease to have a prohibited shareholding interest in the licensee, or
(b) if, after all the shares in the licensee held by the person to which the offender is entitled were so disposed of, the offender would continue to have a prohibited shareholding interest in the licensee—the total number of those shares.
For the purposes of this section, a person is not to be taken to have disposed of shares in a licensee to which an offender is entitled unless and until the person ceases to hold the shares and the offender ceases to be entitled to the shares.
If a person served with a notice of a declaration under subsection (1) requiring the person to dispose of shares in a licensee fails to comply with the notice within the period specified by the notice, the shares to which the notice relates are, by force of this subsection, forfeited to the State.
If a transaction is entered into with respect to any shares in a licensee and—
(a) a person who did not, before the transaction is entered into, have a prohibited shareholding interest in the licensee would have such an interest after the transaction, or
(b) a person who, before the transaction is entered into, had a prohibited shareholding interest in the licensee would be entitled after the transaction to a greater number of voting shares in the licensee than the person was entitled to immediately before the transaction,
the transaction is not illegal or void as a result of this Division but the shares in the licensee that were the subject of the transaction are subject to forfeiture under subsection (6).
The Minister may by written notice served on the parties to a transaction referred to in subsection (5) declare that the shares in the licensee that were the subject of the transaction are forfeited to the State.
A declaration under subsection (6) takes effect when the notices required in respect of the declaration by subsections (6) and (7) are served (or, if they are served at different times, when the one that is served latest is served).
The Minister must cause written notice of—
(a) a declaration under subsection (1) requiring a person to dispose of shares in a licensee, or
(b) a declaration under subsection (6) that shares in a licensee are forfeited to the State,
to be served on the licensee.
(Repealed)
This section applies to any provision of the articles of association of a licensee that—
(a) provides for the suspension of any voting rights attaching to voting shares in the licensee as a result of any person who is entitled to the shares having a prohibited shareholding interest in the licensee, or
(b) authorises or requires the licensee, as a result of any person having a prohibited shareholding interest in the licensee, to refuse payment, defer payment or suspend any entitlement to payment of any amount or amounts that would otherwise be due from the licensee in respect of any shares in the licensee to which the person is entitled.
It is a condition of a licence under this Act that any provision of the articles of association of the licensee to which this section applies cannot be amended or repealed except with the written consent of the Minister.
If the Minister is of the opinion that a resolution of a general meeting of a licensee has been passed as a result of the admission of votes that should not, by virtue of a provision of the articles of association of the licensee to which this section applies, have been admitted, the Minister may, by notice in writing served on the licensee, declare the resolution to have been (at all times) null and void.
If notice of a declaration under this section is served on a licensee, the Minister must, at the same time or as soon as practicable thereafter, cause written notice of the declaration to be served on each person whose votes should not, in the opinion of the Minister, have been admitted.
A notice under this section does not have any effect unless it is served on the licensee within one month after the date of the resolution to which it relates.
A declaration may be made by the Minister under this Division on the basis of such information as the Minister considers sufficient in the circumstances.
A declaration of the Minister under this Division other than—
(a) a declaration under section 36(1) requiring a person to dispose of shares in a licensee, or
(b) a declaration under section 36(6) that shares in a licensee are forfeited to the State,
is effective when written notice of the declaration is served on the licensee irrespective of when or whether service is effected on any other person as provided by this Division.
If the Minister makes a declaration under this Division in relation to a licensee—
(a) the licensee, or
(b) any other person on whom notice of the declaration has been served in pursuance of this Division,
may apply to the Minister for a review of the declaration.
On an application under this section for review of a declaration, the Minister—
(a) must allow the applicant and, where the applicant is not the licensee, the licensee, a reasonable opportunity to make submissions in relation to the application, and
(b) may, after giving due consideration to any such submissions—
(i) confirm the declaration, or
(ii) revoke or vary the declaration either conditionally or unconditionally and with effect from the date of the declaration or some other date determined by the Minister.
Notwithstanding that an application is made under this section for review of a declaration of the Minister under this Division, the declaration continues to have effect pending determination of the application except as otherwise determined by the Minister.
The Minister may, of his or her own motion, by notice in writing served on the person on whom notice of the declaration was served, revoke or vary a declaration of the Minister under this Division with effect from the date of the declaration or some other date determined by the Minister.
A licensee or any other person on whom notice of a declaration of the Minister is served under this Division may appeal to the Supreme Court against the declaration.
An appeal does not lie against a declaration under section 37 annulling a resolution of a licensee.
An appeal under this section must be instituted within 21 days after notice of the declaration under appeal is served on the appellant, unless the appellant has within that 21 day period applied for a review of the declaration under section 38, in which case the appeal may be instituted within 21 days after determination of the application for review. The period fixed by this subsection as the period within which an appeal must be instituted cannot be extended.
Where an appeal concerning a licensee is instituted by a person other than the licensee, the licensee is to be a respondent in addition to the Minister.
The Supreme Court may, on an appeal under this section, if satisfied that proper grounds for making the declaration did not exist, quash or vary the declaration, either conditionally or unconditionally and with effect from the date of the declaration or some other date, as the Court thinks fit, and make any consequential or ancillary orders that may be just.
Notwithstanding an appeal under this section, a declaration other than—
(a) a declaration under section 36(1) requiring a person to dispose of shares in a licensee, or
(b) a declaration under section 36(6) that shares in a licensee are forfeited to the State,
continues to have effect pending determination of the appeal.
Except as provided in this Division, a declaration of the Minister under this Division may not be challenged or called into question.
The Minister is to sell any shares forfeited to the State under this Act.
For the purposes of any such sale, the Minister is not bound by any restriction on the sale of shares contained in the memorandum or articles of association of the licensee concerned.
Any money realised from the sale of forfeited shares under this section must, after deduction of the reasonable costs of the forfeiture and sale—
(a) if the shares were transferred as a result of a transaction referred to in section 36(5) and the transferor has not received the full consideration agreed upon with the transferee—be applied in payment to the transferor of the amount or value of the consideration not received by the transferor and in payment of the balance (if any) to the transferee, or
(b) in any other case—be paid to the person from whom the shares were forfeited.
No liability attaches to the Minister or the State or to a licensee or any officer or auditor of a licensee for any act or omission in good faith and in the exercise or discharge, or purported exercise or discharge, of a power or duty under this Division.
A notice required or authorised by this Division to be served on a person may—
(a) in the case of a natural person—
(i) be served personally on the person, or
(ii) be sent by post to the person at his or her last known place of residence, business or employment, or
(b) in the case of a company or other body—be left at, or sent by post to, its registered office or a place of business of the company or body whether within the State or elsewhere.
The regulations may declare any matter that is dealt with by this Act or the regulations to be an excluded matter for the purposes of section 5F of the Corporations Act 2001 of the Commonwealth in relation to—
(a) the whole of the Corporations legislation, or
(b) a specified provision of the Corporations legislation, or
(c) the Corporations legislation other than a specified provision, or
(d) the Corporations legislation other than to a specified extent.
Section 5F of the Corporations Act 2001 of the Commonwealth provides that if a State law declares a matter to be an excluded matter for the purposes of that section in relation to all or part of the Corporations legislation of the Commonwealth, then the provisions that are the subject of the declaration will not apply in relation to that matter in the State concerned.
In this section—
The conditions of a licence may include (in addition to any other conditions referred to in this Act) conditions relating to the following—
(a) the appointment of, and the making of probity checks in respect of, contractors,
(b) the contents of the rules for a totalizator,
(c) the display, by the licensee and the licensee’s agents, of the rules and of other information relating to the conduct of a totalizator,
(d) the form and manner of making bets on a totalizator, including the making of bets by post or telephone or by the use of other means of communication,
(e) requiring the payment of minimum dividends in respect of events or contingencies,
(f) the adjustment of profits or losses accruing to a licensee as a result of an error in the calculation or determination of dividends,
(g) the provision by the licensee of a bond or other financial guarantee to ensure payment of any tax, in respect of a totalizator, required to be paid under the Betting Tax Act 2001,
(h) the furnishing of information, whether in the form of statements, returns or otherwise, by the licensee to the Minister relating to the conduct of a totalizator,
(i) the time or times at which, and the form in which, the information must be furnished to the Minister,
(j) the giving to the Minister of monitoring access to the licensee’s computer system (including real-time access),
(k) the auditing of the financial records of the licensee relating to the conduct of a totalizator,
(l) the security requirements in respect of a totalizator,
(m) the approval by the Minister of any device, equipment or computer software that is used in connection with the conduct of a totalizator or that otherwise affects the conduct of a totalizator, and the approval by the Minister of persons engaged in the design, construction, creation, operation, repair or maintenance of any such device, equipment or computer software,
(n) the approval by the Minister of the installation and location of facilities (such as ATMs and EFTPOS) for the withdrawal or transfer of money from bank and similar accounts at places where investments on a totalizator can be made,
(o) any other matters that the Minister thinks fit.
Every licence (other than a licence that authorises a racing club to operate an on-course totalizator) is subject to a condition that the licensee must have in place and must give effect to commercial arrangements with the racing industry in respect of the licence and the conduct of activities authorised by the licence, being arrangements that the racing industry has acknowledged in writing to the Minister are to the satisfaction of the racing industry.
For the purposes of subsection (2),
Every licence granted to TAB Limited is subject to the condition that—
(a) no person has a prohibited shareholding interest (within the meaning of Division 3) in the nominated company, or
(b) if the nominated company is a company referred to in paragraph (c) of the definition of
nominated company in section 37A(6) of the Totalizator Agency Board Privatisation Act 1997, no person has such an interest in the ultimate holding company (within the meaning of the Corporations Act 2001 of the Commonwealth) of the nominated company.
However, this condition has effect only while the exemption granted to the nominated company and any related body corporate by section 32A is in force.
Subsection (2) extends to commercial arrangements entered into from time to time.
A licence may make provision for advice to be furnished to the Minister in connection with the exercise of the Minister’s functions under this Act.
The conditions of a licence must not be inconsistent with this Act.
It is a condition of every licence of TAB Limited that both TAB Limited and the nominated company must put in place and must give effect to such commercial arrangements (being arrangements that the racing industry has acknowledged in writing to the Minister are satisfactory to the racing industry) as the racing industry considers necessary to ensure that the racing industry is in no less favourable a position under the relevant arrangements in force under section 43(2) than it was under those arrangements as in force immediately before the nominated company was nominated.
It is also a condition of every licence of TAB Limited that, if TAB Limited and the racing industry enter into new arrangements under section 43(2) on or after the date on which the nominated company was nominated, the nominated company must put in place and give effect to arrangements made by the nominated company and the racing industry for ensuring that the new arrangements, with respect to TAB Limited as licensee, are effectively carried out.
If the nominated company is a company referred to in paragraph (c) of the definition of
In this section—
The Minister may amend the conditions of a licence in accordance with this section.
The conditions may be amended by being substituted, varied, revoked or added to.
An amendment may be proposed—
(a) by the licensee by requesting the Minister in writing to make the amendment, or
(b) by the Minister by giving notice in writing of the proposed amendment to the licensee and giving the licensee at least 14 days to make submissions to the Minister concerning the proposed amendment.
The Minister is to consider any submissions made by the licensee and is then to decide whether to make the proposed amendment, either with or without changes from that originally proposed.
The Minister is to notify the licensee of the Minister’s decision. Any amendment that the Minister decides upon takes effect when notice of the decision is given to the licensee or on such later date as may be specified in the notice.
The Minister may from time to time investigate any totalizator.
An investigation of a totalizator may relate to (but is not limited to) any of the following matters—
(a) the conduct of the totalizator,
(b) the licensee who conducts the totalizator or a person who, in the opinion of the Minister, is an associate of the licensee,
(c) a person or persons who, in the opinion of the Minister, could affect any aspect of the conduct of the totalizator,
(d) a person or persons who, in the opinion of the Minister, could be in a position to exercise direct or indirect control over the conduct of the licensee, or an associate of the licensee, in relation to the conduct of the totalizator,
(e) the suitability of the licensee to hold a licence or be concerned in the conduct of the totalizator,
(f) whether or not it is in the public interest that the licensee’s licence should continue in force.
The Minister is to take whatever action under this Act the Minister considers appropriate in the light of the results of an investigation.
If the Supreme Court is satisfied on the application of the Minister that a licensee or former licensee has engaged or is proposing to engage in conduct that constitutes or would constitute—
(a) a contravention of a provision of this Act or of a condition of the licence, or
(b) attempting to contravene such a provision, or
(c) aiding, abetting, counselling or procuring a person to contravene such a provision, or
(d) inducing, or attempting to induce, whether by threats or promises or otherwise, a person to contravene such a provision, or
(e) being in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision, or
(f) conspiring with others to contravene such a provision,
the Court may grant an injunction in such terms as the Court determines to be appropriate.
If in the opinion of the Court it is desirable to do so, the Court may grant an interim injunction pending determination of the application.
The Court may rescind or vary an injunction granted under this section.
The power of the Court to grant an injunction restraining a person from engaging in conduct may be exercised—
(a) whether or not it appears to the Court that the person intends to engage again, or to continue to engage, in conduct of that kind, and
(b) whether or not the person has previously engaged in conduct of that kind, and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person engages in conduct of that kind.
The power of the Court to grant an injunction requiring a person to do an act or thing may be exercised—
(a) whether or not it appears to the Court that the person intends to fail again, or to continue to fail, to do that act or thing, and
(b) whether or not the person has previously failed to do that act or thing, and
(c) whether or not there is an imminent danger of substantial damage to any person if the first-mentioned person fails to do that act or thing.
When the Minister makes an application to the Court for the grant of an injunction under this section, the Court is not to require the Minister or any other person, as a condition of granting an interim injunction, to give any undertakings as to damages.
In this Division—
(a) the cancellation or suspension of the licence,
(b) the imposition on the licensee of a monetary penalty of up to $100,000 in the case of a racing club or $1,000,000 in any other case,
(c) the amendment of the conditions of the licence by the Minister (other than under section 44),
(d) the issue of a letter of censure by the Minister to the licensee.
(a) that the licence was improperly obtained in that, at the time the licence was granted, there were grounds for declining to grant it,
(b) that the licensee has contravened a provision of this Act, the regulations, the rules, a condition of the licence or a direction given under Division 2 of Part 5,
(c) that the licensee, a subsidiary of the licensee or a related body corporate of the licensee is in contravention of section 20 (Licensee not to be associated with casino and other activities),
(d) that the licensee has failed to use reasonable endeavours to ensure that the contractors of the licensee do not contravene a provision of this Act, the regulations, the rules, a condition of the licence or a direction given under Division 2 of Part 5,
(e) that the licensee becomes an externally administered corporation within the meaning of the Corporations Act 2001 of the Commonwealth,
(f) that the licensee is, for specified reasons, considered to be no longer a suitable person to give effect to the licence and this Act,
(g) that for specified reasons, it is considered to be no longer in the public interest that the licence should remain in force.
The Minister may serve on the licensee a notice in writing affording the licensee an opportunity to show cause within 14 days (or such longer period as the Minister may specify in the notice) why disciplinary action should not be taken against the licensee on grounds for disciplinary action specified in the notice.
The licensee may, within the period allowed by the notice, arrange with the Minister for the making of submissions to the Minister as to why disciplinary action should not be taken and the Minister is to consider any submissions so made.
The Minister may then decide that it is appropriate that certain disciplinary action be taken against the licensee and may either—
(a) take that disciplinary action by giving written notice of the action to the licensee, or
(b) as an alternative to taking that disciplinary action, take action under section 48.
Disciplinary action may be taken against a person whether or not the person has been prosecuted, convicted or penalised for any contravention that is the grounds for the action.
Disciplinary action takes effect when notice of it is given or on a later date specified in the notice.
The fact that disciplinary action is taken by the Minister under this section does not prevent the Minister from taking the same or other disciplinary action under this section if the contravention continues or a fresh contravention occurs.
A monetary penalty imposed under this section may be recovered as a debt due to the Crown in a court of competent jurisdiction.
As an alternative to taking disciplinary action against a licensee, the Minister may direct the licensee in writing to take specified action within a specified time to rectify the matter that constitutes the grounds for disciplinary action concerned.
If a licensee fails to take the specified action within the specified time, the Minister may proceed to take the relevant disciplinary action by giving written notice of the action to the licensee, and the disciplinary action takes effect when the notice is given or on a later date specified in the notice.
On a day appointed by proclamation for the purposes of this clause, the RDF is wound up and the assets, rights and liabilities of the RDF are transferred to such person or persons (as transferee) as the Minister directs by order in writing published in the Gazette.
When assets, rights and liabilities are transferred under this clause, the following provisions apply—
(a) the assets transferred vest in the transferee by force of this clause and without the need for any conveyance, transfer, assignment or assurance,
(b) the rights and liabilities transferred become by force of this clause the rights and liabilities of the transferee,
(c) all proceedings pending in relation to the transferred assets, rights and liabilities immediately before the transfer are taken to be proceedings pending by or against the transferee,
(d) anything done or omitted to be done in relation to the transferred assets, rights or liabilities is (to the extent that it has any force or effect) taken to have been done or omitted to be done by, to or in respect of the transferee,
(e) a reference in any instrument (except an instrument exempted from this paragraph by direction of the Minister) made or entered into before the day appointed for the purposes of this clause to the Racecourse Development Fund under the Totalizator Act 1916 or to the RDF under this Act is taken to be a reference to any fund to which the assets, rights and liabilities were transferred,
(f) any instrument executed only for a purpose ancillary to or consequential on the operation of this clause or the purpose of giving effect to this clause is not chargeable with stamp duty and is exempt from payment of any fee or charge that would otherwise be payable under any other Act in respect of the registration of the instrument.
The Racing Assistance Fund under the Totalizator Act 1916 is continued under this Act. Accordingly, money and assets standing to the credit of the fund under the Totalizator Act 1916 become money and assets standing to the credit of that fund under this Act.
The Minister may, from time to time, apply any amount standing to the credit of the Racing Assistance Fund—
(a) in the payment of contributions or rebates to or on behalf of racing clubs (in accordance with a formula determined by the Minister) towards the costs of controlling race meetings, and
(b) in the payment of contributions to research organisations towards the costs of conducting research into racing animals.
On a day appointed by proclamation for the purposes of this clause, the Racing Assistance Fund is to be wound up and any money or other assets standing to the credit of the fund are to be applied as the Minister directs by order in writing published in the Gazette.
If the due date for the payment of any betting tax is after the commencement of this clause but before the commencement of section 72 (Interest on overdue tax) and the betting tax is not paid by the due date, an additional amount equal to 10% of the amount of betting tax payable becomes immediately due and payable, and on being paid is to be credited to the Consolidated Fund.
The Minister may, if in any particular case the Minister thinks fit to do so, waive the payment of the whole or any part of an additional amount payable under subclause (1) or give time for its payment.
Any amount required to be paid to the Minister under this clause may be recovered in a court of competent jurisdiction as a debt due to the Crown.
Each controlling body has such additional powers, authorities, duties and functions as may be necessary or convenient for enabling it to enter into and perform its obligations under the following arrangements—
(a) commercial arrangements for facilitating the conduct of totalizator betting and other betting activities authorised by this Act and arrangements ancillary to those arrangements,
(b) commercial arrangements referred to in sections 200D(2A) and 207(2A) of the Liquor Act 1982 and section 140(2A) of the Registered Clubs Act 1976,
(c) arrangements for the giving of financial assistance and support to the racing industry or individual racing clubs, and arrangements ancillary to those arrangements,
(d) arrangements for the distribution of moneys payable under the arrangements referred to in paragraphs (a) and (b),
(e) arrangements with the State in connection with the restructuring and reorganisation of the racing industry consequent on the enactment of this Act and the Totalizator Agency Board Privatisation Act 1997.
Each controlling body has power to give the racing clubs for which it is responsible such directions as the controlling body considers to be necessary or desirable for the purpose of enabling it to exercise its rights and perform its obligations under, and otherwise to give effect to, arrangements referred to in clause 14.
A contract under seal is taken to exist between each controlling body and the racing clubs for which it is responsible, under which each racing club agrees to comply with the directions given to the racing club under this clause.
Each controlling body must exercise its powers under this clause to give directions to the racing clubs for which it is responsible so as to ensure that the arrangements referred to in clause 14 are carried into effect.
The Minister may, by direction in writing, grant an exemption under this clause for any instrument that the Minister is satisfied has been executed only for the purpose of or in the course of giving effect to arrangements referred to in clause 14 for facilitating the restructuring and reorganisation of the racing industry consequent on the enactment of this Act and the Totalizator Agency Board Privatisation Act 1997.
This clause applies to an arrangement under section 43A, and to any new arrangement under section 43(2) as referred to in section 43A(2), as if the arrangement were an arrangement referred to in clause 14.
An exemption under this clause has the effect that the instrument for which it is granted is not chargeable with stamp duty and is exempt from payment of any fee or charge that would otherwise be payable under any other Act in respect of the registration of the instrument.
An exemption is not to be granted under this clause except with the approval of the Treasurer.
The amendments made to sections 70 and 75 by the Intergovernmental Agreement Implementation (GST) Act 2000 apply to money that is paid into a totalizator in respect of an event or contingency occurring on or after 1 July 2000.
The amendment made to section 71 by Schedule 2[1] to the Racing and Totalizator Legislation Amendment Act 2000 does not apply to any amount invested before the commencement of that amendment.
Any order made under section 71 and in force immediately before the commencement of Schedule 2[1] to the Racing and Totalizator Legislation Amendment Act 2000 is taken to have been made under that section as in force after that commencement and remains in force for the period specified in the order unless sooner revoked.
To the extent that the amendment made by Schedule 1[4] to the Totalizator Amendment Act 2008 removes the 16 per cent cap on commission that a licensee may deduct each financial year from the total amount invested in totalizators conducted by the licensee in that year, the amendment is taken to have commenced on 1 July 2007.
A licence granted under this Act that authorises a licensee to conduct a totalizator or a betting activity (otherwise than by means of a totalizator) in respect of sports betting events under the Betting and Racing Act 1998 is taken to authorise the licensee to conduct a totalizator or other betting activity in respect of declared betting events under that Act.
In this Part,
Clause 1(3) of Part 1 of this Schedule does not limit the operation of regulations made under that Part containing provisions of a savings or transitional nature consequent on the enactment of the amending Act.
Any provision of regulations made under Part 1 of this Schedule consequent on the enactment of the amending Act has effect, if the regulations so provide, despite any other provision of this Part.
The requirement of section 70(1) (as inserted by the amending Act) for an amount to be paid within 7 days after the end of a quarter, to the extent that the requirement applies in respect of the quarter ending on 30 September 2015, is to be read as a requirement for that amount to be so paid before 7 January 2016.
In this Part—
A person who, immediately before the repeal of section 92 by the amending Act, was an inspector for the purposes of this Act is taken, on that repeal, to have been appointed as an inspector under section 91C as inserted by the amending Act.
Section 95, as in force immediately before its repeal by the amending Act, continues to apply to a search warrant issued under that section before its repeal.
In this Part—
On the commencement of Schedule 5[1] to the amending Act, the Tax Reduction Trust Fund is wound up.
All money standing to the credit of the Tax Reduction Trust Fund immediately before the Fund is wound up is to be paid to Greyhound Racing New South Wales.
Section 80AA, as inserted by the Gambling Legislation Amendment (Online and Other Betting) Act 2019, extends to betting accounts held by persons with a licensee or other person immediately before the commencement of the section.
Totalizator Act 1997 No 45. Assented to 1.7.1997. Date of commencement, sec 72 excepted, 6.3.1998, sec 2 (1) and GG No 48 of 6.3.1998, p 1291; sec 72 was not commenced and was repealed by the Betting Tax Act 2001 No 43. This Act has been amended as follows—
No 151 | Totalizator Legislation Amendment Act 1997. Assented to 17.12.1997. Date of commencement of Sch 2, 6.3.1998, sec 2 and GG No 48 of 6.3.1998, p 1292. | |
No 113 | Unlawful Gambling Act 1998. Assented to 9.11.1998. Date of commencement, 1.3.1999, sec 2 (1) and GG No 25 of 26.2.1999, p 979. | |
No 49 | Gambling Legislation Amendment (Responsible Gambling) Act 1999. Assented to 2.11.1999. Date of commencement of Sch 7 [1], 9.11.2001, sec 2 and GG No 173 of 9.11.2001, p 9072; date of commencement of Sch 7 [2], 10.12.1999, sec 2 and GG No 139 of 10.12.1999, p 11757. | |
No 85 | Statute Law (Miscellaneous Provisions) Act (No 2) 1999. Assented to 3.12.1999. Date of commencement of Sch 4, assent, sec 2 (1). | |
No 44 | Intergovernmental Agreement Implementation (GST) Act 2000. Assented to 27.6.2000. Date of commencement of Sch 11, 1.7.2000, sec 2 (2). | |
No 108 | Racing and Totalizator Legislation Amendment Act 2000. Assented to 15.12.2000. Date of commencement, 25.5.2001, sec 2 and GG No 91 of 25.5.2001, p 2967. | |
No 34 | Corporations (Consequential Amendments) Act 2001. Assented to 28.6.2001. Date of commencement of Sch 4.66, except Sch 4.66 [5], 15.7.2001, sec 2 (1) and Commonwealth Gazette No S 285 of 13.7.2001; date of commencement of Sch 4.66 [5], immediately before the commencement of the Corporations Act 2001 of the Commonwealth (ie 15.7.2001), sec 2 (2) (e) and Commonwealth Gazette No S 285 of 13.7.2001. | |
No 43 | Betting Tax Act 2001. Assented to 17.7.2001. Date of commencement, 1.7.2001, sec 2. Amended by Statute Law (Miscellaneous Provisions) Act (No 2) 2001 No 112. Assented to 14.12.2001. Date of commencement of Sch 2.4, assent, sec 2 (2). | |
No 121 | Justices Legislation Repeal and Amendment Act 2001. Assented to 19.12.2001. Date of commencement of Sch 2, 7.7.2003, sec 2 and GG No 104 of 27.6.2003, p 5978. | |
No 38 | Greyhound Racing Act 2002. Assented to 25.6.2002. Date of commencement of Sch 5, 10.2.2003, sec 2 and GG No 39 of 7.2.2003, p 762. | |
No 39 | Harness Racing Act 2002. Assented to 25.6.2002. Date of commencement of Sch 5, 3.2.2003, sec 2 and GG No 33 of 31.1.2003, p 593. | |
No 84 | Totalizator Agency Board Privatisation Amendment Act 2002. Assented to 29.10.2002. Date of commencement, assent, sec 2. | |
No 103 | Law Enforcement (Powers and Responsibilities) Act 2002. Assented to 29.11.2002. Date of commencement of Sch 4, 1.12.2005, sec 2 and GG No 45 of 15.4.2005, p 1356. | |
No 13 | Australian Crime Commission (New South Wales) Act 2003. Assented to 30.6.2003. Date of commencement of Sch 1.34, assent, sec 2 (1). | |
No 101 | Totalizator Legislation Amendment Act 2003. Assented to 10.12.2003. Date of commencement, 11.6.2004, sec 2 and GG No 95 of 11.6.2004, p 3493. | |
No 23 | Thoroughbred Racing Legislation Amendment Act 2004. Assented to 16.4.2004. Date of commencement, 1.7.2004, sec 2 and GG No 104 of 25.6.2004, p 4386. | |
No 36 | Greyhound and Harness Racing Administration Act 2004. Assented to 15.6.2004. Date of commencement of Sch 3.16, 1.10.2004, sec 2 (1) and GG No 143 of 10.9.2004, p 7445. | |
No 55 | Statute Law (Miscellaneous Provisions) Act 2004. Assented to 6.7.2004. Date of commencement of Sch 2.41, 11.6.2004, Sch 2.41 and GG No 95 of 11.6.2004, p 3493. | |
No 10 | Independent Commission Against Corruption Amendment Act 2005. Assented to 14.4.2005. Date of commencement of Sch 2.11, 1.7.2005, sec 2 and GG No 81 of 1.7.2005, p 3309. | |
No 37 | Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets) Act 2006. Assented to 31.5.2006. Date of commencement, assent, sec 2. | |
No 94 | Miscellaneous Acts (Local Court) Amendment Act 2007. Assented to 13.12.2007. Date of commencement of Sch 2, 6.7.2009, sec 2 and 2009 (314) LW 3.7.2009. | |
No 9 | Totalizator Amendment Act 2008. Assented to 14.4.2008. Date of commencement, assent, sec 2. | |
No 52 | Australian Jockey Club Act 2008. Assented to 1.7.2008. Date of commencement, assent, sec 2. | |
No 21 | Racing Legislation Amendment Act 2009. Assented to 15.5.2009. Date of commencement, 1.7.2009, sec 2 and 2009 (293) LW 26.6.2009. | |
No 54 | Government Information (Public Access) (Consequential Amendments and Repeal) Act 2009. Assented to 26.6.2009. Date of commencement, 1.7.2010, sec 2 and 2010 (248) LW 18.6.2010. | |
No 93 | Australian Jockey and Sydney Turf Clubs Merger Act 2010. Assented to 16.11.2010. Date of commencement of Sch 3, 7.2.2011, sec 2 (2) and 2011 (43) LW 4.2.2011. | |
No 94 | Totalizator Amendment Act 2010. Assented to 16.11.2010. Date of commencement, 31.12.2010, sec 2 and 2010 (719) LW 17.12.2010. | |
No 132 | Wagering Legislation Amendment Act 2010. Assented to 7.12.2010. Date of commencement, 31.12.2010, sec 2 and 2010 (720) LW 17.12.2010. | |
No 2 | Miscellaneous Acts Amendment (Directors’ Liability) Act 2011. Assented to 10.5.2011. Date of commencement, assent, sec 2. | |
No 62 | Statute Law (Miscellaneous Provisions) Act (No 2) 2011. Assented to 16.11.2011. Date of commencement of Sch 3, 6.1.2012, sec 2 (1). | |
No 21 | Racing Legislation Amendment Act 2013. Assented to 7.5.2013. Date of commencement, assent, sec 2. | |
No 63 | Totalizator Amendment (Exclusivity) Act 2013. Assented to 3.9.2013. Date of commencement, assent, sec 2. | |
No 66 | Betting Tax Legislation Amendment Act 2015. Assented to 24.11.2015. Date of commencement, 1.7.2015, sec 2. | |
No 36 | Greyhound Racing Prohibition Act 2016. Assented to 26.8.2016. The amendment was not commenced and the Act was repealed by the Greyhound Racing Act 2017 No 13. | |
No 61 | Law Enforcement Conduct Commission Act 2016. Assented to 14.11.2016. Date of commencement of Sch 6.45, 1.7.2017, sec 2 (1) and 2017 (256) LW 16.6.2017. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 2, 7.7.2017, sec 2 (3); date of commencement of Sch 4, 7 days after assent, sec 2 (1). | |
No 7 | Liquor and Gaming Legislation Amendment Act 2018. Assented to 21.3.2018. Date of commencement of Sch 1.14 [1]–[4] and [7]–[14], 3.4.2018, sec 2 and 2018 (112) LW 29.3.2018; date of commencement of Sch 1.14 [5] and [6], 2.7.2018, sec 2 and 2018 (306) LW 29.6.2018. | |
No 60 | Community Gaming Act 2018. Assented to 26.10.2018. Date of commencement, 1.7.2020, sec 2 and 2020 (298) LW 26.6.2020. | |
No 12 | Racing Legislation Amendment Act 2019. Assented to 21.10.2019. Date of commencement of Sch 5, assent, sec 2(2). | |
No 14 | Statute Law (Miscellaneous Provisions) Act (No 2) 2019. Assented to 21.11.2019. Date of commencement of Sch 1.23, 14 days after assent, sec 2(1). | |
No 24 | Gambling Legislation Amendment (Online and Other Betting) Act 2019. Assented to 26.11.2019. Date of commencement, assent, sec 2. | |
No 32 | Customer Service Legislation Amendment Act 2021. Assented to 29.11.2021. Date of commencement of Sch 1.20, assent, sec 2(1). | |
No 32 | State Revenue Legislation Amendment Act 2022. Assented to 27.6.2022. Date of commencement, 1.7.2022, sec 2. | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. |
Sec 3 | Am 2008 No 9, Sch 1 [1] [2]. |
Sec 5 | Am 1997 No 151, Sch 2 [1]–[3]; 1998 No 113, Sch 2.17 [1] [2]; 2001 No 34, Sch 4.66 [1] [2]; 2001 No 43, Sch 3 [1]; 2003 No 101, Sch 2 [1]; 2006 No 37, Sch 1 [1]; 2017 No 22, Sch 2.43; 2018 No 7, Sch 1.14 [1]; 2021 No 32, Sch 1.20[1]. |
Sec 6 | Am 2010 No 132, Sch 4.4 [1]. |
Sec 6A | Ins 1997 No 151, Sch 2 [4]. Am 2002 No 38, Sch 5.18 [1]; 2004 No 23, Sch 3.7. |
Sec 6B | Ins 1997 No 151, Sch 2 [4]. Am 2008 No 52, Sch 2.5; 2010 No 93, Sch 3.6. |
Sec 7 | Am 1998 No 113, Sch 2.17 [3]; 2018 No 60, Sch 2.7. |
Sec 8 | Am 1998 No 113, Sch 2.17 [4]. |
Sec 8, note | Rep 1998 No 113, Sch 2.17 [5]. |
Sec 9 | Am 2018 No 7, Sch 1.14 [2]. |
Secs 9A, 9B | Ins 2006 No 37, Sch 1 [2]. |
Sec 10 | Am 1998 No 113, Sch 2.17 [6]. |
Sec 11 | Am 1997 No 151, Sch 2 [5]; 2013 No 63, Sch 1 [1]. |
Sec 12 | Am 1997 No 151, Sch 2 [6]; 1998 No 113, Sch 2.17 [7]; 2001 No 34, Sch 4.66 [3]; 2010 No 132, Sch 4.4 [2]; 2017 No 22, Sch 2.43. |
Sec 13 | Am 1997 No 151, Sch 2 [7]; 1998 No 113, Sch 2.17 [7]; 2010 No 94, Sch 1 [1]; 2010 No 132, Sch 4.4 [3]; 2017 No 22, Sch 2.43. |
Sec 14 | Subst 1997 No 151, Sch 2 [8]. Am 1998 No 113, Sch 2.17 [7]; 2010 No 132, Sch 4.4 [4]; 2017 No 22, Sch 2.43. |
Sec 15 | Subst 1997 No 151, Sch 2 [8]. Am 1998 No 113, Sch 2.17 [7]; 2010 No 132, Sch 4.4 [5]; 2017 No 22, Sch 2.43. |
Sec 15AA | Ins 2010 No 94, Sch 1 [2]. |
Sec 16 | Subst 1997 No 151, Sch 2 [8]. |
Sec 17AA | Ins 2013 No 63, Sch 1 [2]. |
Sec 17A | Ins 1997 No 151, Sch 2 [9]. Am 2003 No 101, Sch 2 [2]; 2006 No 37, Sch 1 [3]; 2010 No 94, Sch 1 [3]; 2013 No 63, Sch 1 [3] [4]. |
Sec 20 | Am 2003 No 101, Sch 2 [3]. |
Sec 21 | Am 1997 No 151, Sch 2 [10]. |
Sec 21A | Ins 1997 No 151, Sch 2 [11]. |
Sec 30 | Am 2001 No 34, Sch 4.66 [4]. |
Sec 30A | Ins 2001 No 34, Sch 4.66 [5]. |
Sec 31 | Am 1997 No 151, Sch 2 [12]–[14]. |
Sec 32A | Ins 2003 No 101, Sch 2 [4]. |
Sec 33 | Am 1997 No 151, Sch 2 [15]; 2002 No 84, Sch 1.1. |
Sec 34 | Am 1997 No 151, Sch 2 [16] [17]. |
Sec 35 | Am 2001 No 34, Sch 4.66 [6] [7]. |
Sec 36 | Am 1997 No 151, Sch 2 [18]–[23]. |
Sec 37 | Am 1997 No 151, Sch 2 [24]. |
Sec 40 | Am 1997 No 151, Sch 2 [25]. |
Sec 41 | Am 1997 No 151, Sch 2 [26]. |
Sec 42A | Ins 2001 No 34, Sch 4.66 [8]. |
Sec 43 | Am 1997 No 151, Sch 2 [27] [28]; 2001 No 43, Sch 3 [2] [3]; 2003 No 101, Sch 2 [5]. |
Sec 43A | Ins 2003 No 101, Sch 2 [6]. Am 2004 No 55, Sch 2.41. |
Sec 47 | Am 2001 No 34, Sch 4.66 [9]. |
Sec 53 | Am 2008 No 9, Sch 1 [3]. |
Sec 58 | Am 1997 No 151, Sch 2 [29]. |
Sec 59 | Am 2018 No 7, Sch 1.14 [3]. |
Sec 68A | Ins 2015 No 66, Sch 2 [1]. Rep 2019 No 12, Sch 5[1]. |
Sec 69 | Subst 2008 No 9, Sch 1 [4]. |
Sec 70 | Am 2000 No 44, Sch 11 [1]. Rep 2001 No 43, Sch 3 [4]. Ins 2015 No 66, Sch 1 [2]. Am 2019 No 12, Sch 5[2]; 2022 No 32, Sch 4. |
Sec 70A | Ins 2015 No 66, Sch 2 [2]. Rep 2019 No 12, Sch 5[1]. |
Sec 70B | Ins 2015 No 66, Sch 2 [2]. Am 2017 No 22, Sch 4.49. Rep 2019 No 12, Sch 5[1]. |
Sec 71 | Subst 2000 No 108, Sch 2 [1]. Am 2001 No 43, Sch 3 [5] (am 2001 No 112, Sch 2.4 [2]). |
Sec 72 | Rep 2001 No 43, Sch 3 [6]. |
Sec 73 | Rep 2001 No 43, Sch 3 [7]. |
Sec 74 | Am 1998 No 113, Sch 2.17 [7]. Rep 2001 No 43, Sch 3 [8]. |
Sec 75 | Am 2000 No 44, Sch 11 [2]; 2001 No 43, Sch 3 [9]. |
Sec 77 | Subst 1997 No 151, Sch 2 [30]. Rep 2001 No 43, Sch 3 [10]. |
Sec 78 | Rep 2001 No 43, Sch 3 [11]. |
Sec 79 | Rep 2001 No 43, Sch 3 [12]. Ins 2018 No 7, Sch 1.14 [4]. Am 2019 No 24, Sch 2[1]. |
Sec 79A | Ins 2019 No 24, Sch 2[2]. |
Sec 80 | Subst 2018 No 7, Sch 1.14 [5]. Am 2019 No 24, Sch 2[3]. |
Sec 80A | Ins 2018 No 7, Sch 1.14 [6]. |
Sec 80AA | Ins 2019 No 24, Sch 2[4]. |
Sec 80B | Ins 2018 No 7, Sch 1.14 [6]. |
Sec 87 | Am 2019 No 24, Sch 2[5]. |
Sec 88 | Am 2013 No 21, Sch 2. |
Sec 90 | Am 2007 No 94, Sch 2. |
Part 8, heading | Subst 2018 No 7, Sch 1.14 [7]. |
Part 8, Div 1 | Rep 2018 No 7, Sch 1.14 [8]. |
Part 8, Div 2 | Rep 2018 No 7, Sch 1.14 [10]. |
Part 8, Div 3 | Rep 2018 No 7, Sch 1.14 [11]. |
Part 8A (secs 91A–91E) | Ins 2018 No 7, Sch 1.14 [9]. |
Secs 92–94 | Rep 2018 No 7, Sch 1.14 [10]. |
Sec 95 | Am 2002 No 103, Sch 4.93 [1]–[3]. Rep 2018 No 7, Sch 1.14 [10]. |
Secs 96, 97 | Rep 2018 No 7, Sch 1.14 [10]. |
Sec 98 | Am 2001 No 34, Sch 4.66 [10]. Rep 2018 No 7, Sch 1.14 [10]. |
Sec 99 | Renumbered as sec 103B, 2018 No 7, Sch 1.14 [10]. |
Part 8B | Ins 2018 No 7, Sch 1.14 [12]. |
Sec 100 | Am 2001 No 121, Sch 2.196 [1]; 2007 No 94, Sch 2. |
Sec 100A | Ins 2018 No 7, Sch 1.14 [13]. |
Sec 101 | Am 2001 No 121, Sch 2.196 [2]. |
Sec 103 | Am 2011 No 2, Sch 1.34. |
Sec 103A | Ins 1999 No 49, Sch 7 [1]. |
Sec 103B (previously sec 99) | Renumbered 2018 No 7, Sch 1.14 [10]. |
Sec 105 | Am 2001 No 43, Sch 3 [13]; 2002 No 38, Sch 5.18 [2]; 2002 No 39, Sch 5.13 [1]; 2003 No 13, Sch 1.34; 2004 No 36, Sch 3.16 [1]; 2005 No 10, Sch 2.11; 2009 No 21, Sch 3.16 [1]; 2009 No 54, Sch 2.52; 2016 No 61, Sch 6.45. |
Sec 108 | Am 2011 No 62, Sch 3.36. |
Sec 115 | Am 2019 No 14, Sch 1.23[1]; 2022 No 59, Sch 3.67. |
Sec 116 | Am 2019 No 14, Sch 1.23[2] [3]. |
Sec 117 | Am 2021 No 32, Sch 1.20[2]. |
Sec 117A | Ins 1999 No 49, Sch 7 [2]. |
Secs 117B, 117C | Ins 2010 No 94, Sch 1 [4]. |
Sec 119 | Rep 1999 No 85, Sch 4. |
Sch 1 | Rep 1999 No 85, Sch 4. |
Sch 2 | Am 1997 No 151, Sch 2 [31]–[34]; 1998 No 113, Sch 2.17 [8]; 2000 No 44, Sch 11 [3] [4]; 2000 No 108, Sch 2 [2] [3]; 2001 No 43, Sch 3 [14]; 2002 No 38, Sch 5.18 [3]; 2002 No 39, Sch 5.13 [2]; 2003 No 101, Sch 2 [7] [8]; 2004 No 36, Sch 3.16 [2]; 2006 No 37, Sch 1 [4]; 2008 No 9, Sch 1 [5] [6]; 2009 No 21, Sch 3.16 [2]; 2010 No 94, Sch 1 [5]; 2010 No 132, Sch 4.4 [6] [7]; 2013 No 63, Sch 1 [5]; 2015 No 66, Sch 2 [3]; 2017 No 22, Sch 2.43; 2018 No 7, Sch 1.14 [14]; 2019 No 12, Sch 5[3]; 2019 No 24, Sch 2[6]. |
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0
0