Totalizator (Amendment) Act 1978 (NSW)

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TOTALIZATOR (AMENDMENT) ACT, 1978, No. 146

ANNO VICESIMO SEPTIMO

ELIZABETHE II REGINE

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *

Act No. 146, 1978.

An Act to amend the Totalizator Act, 1916, to enable the pooling of bets made on one racecourse in respect of a race with bets made on the totalizator used on another racecourse in respect of the same race. [Assented to, 29th December, 1978.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of New South Wales in Parliament assembled, and by the authority of the same, as follows :—

1. This Act may be cited as the "Totalizator (Amendment)

Act, 1 9 7 8 " .

2 .      ( 1 ) This section and section 1 shall commence on the

date of assent to this Act.

( 2 ) Except as provided in subsection ( 1 ) , this Act shall

commence on such day as may be appointed by the Governor in respect thereof and as may be notified by proclamation published in the Gazette.

3 .      The Totalizator Act, 1 9 1 6 , is amended in the manner set

forth in Schedule 1.

SCHEDULE 1.

AMENDMENTS TO THE TOTALIZATOR ACT, 1 9 1 6 .
( 1 ) Section 3 B —
After section 3A, insert :—

3B. ( 1 ) Notwithstanding anything contained in any Act

relating to gaming, betting or wagering, a racing club
may—

(a)

on any racecourse at which it holds race- meetings; and

(b)

with the approval of the Minister and subject to such terms and conditions as he may impose,

S C H E D U L E 1—continued.
A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.

conduct totalizator betting, in which bets are dealt with under subsection ( 2 ) , upon any event or contingency scheduled to be held on another racecourse within or outside New South Wales.

(2 ) All bets made with a racing club pursuant to

subsection ( 1 ) in respect of any event or contingency—

(a)

shall be paid by the racing club into a totalizator used on another racecourse within New South Wales in respect of the event or contingency;

(b)

shall form part of the money invested on that totalizator on the relevant event or contingency; and

(c)

shall be available for distribution by the racing club that uses the totalizator on that other racecourse.

(3 ) The Minister may, for any reason he deems fit,

revoke any approval granted under subsection ( 1 ) , and may vary the terms and conditions to which any approval granted under subsection (1 ) is subject.

(4) If a racing club conducts totalizator betting of

of the Minister or otherwise than in accordance with any the kind referred to in this section without the approval

terms and conditions to which that approval is subject, it

shall be liable to a penalty not exceeding $200 for every day on which it conducts totalizator betting of that kind.

(5 ) A racing club that conducts totalizator betting pursuant to subsection (1 ) is, for the purposes of sections 8, 8A, 9C ( 1 0 ) , 10 and 11, deemed not to be using a totalizator in respect of bets made with the club pursuant to that subsection.

SCHEDULE 1—continued.

AMENDMENTS TO THE TOTALIZATOR ACT, 1916—continued.

( 2 ) Section 5 ( 2 ) —

At the end of section 5 , insert:—

(2) The conduct of totalizator betting pursuant to section 3B shall be lawful to all intents and purposes, and every person engaged or concerned in the conduct of that betting, and every house, office, room or place upon a racecourse used for the purposes of the conduct of that betting, and every placard or advertisement referring thereto, shall be exempt from the provisions of any Act prohibiting gaming, betting or wagering.

(3) Sections 8, 8A—

Omit the sections, insert instead :—

8. (1) This section applies to every totalizator estab­ lished and used under this Act, except one to which section

8A applies.

(2) A racing club which, under this Act, uses a

totalizator to which this section applies shall—
(a) deduct from the total money paid into the totalizator in respect of any event or contingency any sums refundable to investors, or transferable

to another type of totalizator, in accordance with

the regulations and the rules; and

(b) on the happening of that event or contingency,

distribute the balance in accordance with

subsection (3), ( 4 ) or (5), whichever is

applicable.

SCHEDULE 1—continued.

AMENDMENTS TO THE TOTALIZATOR ACT, 1916—continued.

(3) Where the totalizator referred to in subsection (2) is a totalizator other than a doubles totalizator or a multiple selection totalizator—

(a) of the balance referred to in subsection (2) (b),

excluding any part of that balance which is derived from bets referred to in paragraph (b) ,

(c) , (d) or (e)—

(i)    8 per cent shall be paid as commission to

the Minister to be credited to the
Consolidated Revenue Fund; and

(ii)    6 per cent shall be retained as commission

by the club;

(b) of that part (if any) of that balance which is
derived from bets made through the agency of
the Totalizator Agency Board—

(i)    6 .5 per cent shall be paid as commission to the Minister to be credited to the Consolidated Revenue Fund; and

(ii)    7 .5 per cent shall be paid as commission to the Board;

(c) of that part (if any) of that balance which is
derived from bets made under section 3B with the club at a racecourse referred to in section
8A ( 1 ) —

(i)   5 per cent shall be paid as commission

to the Minister to be credited to the
Consolidated Revenue Fund; and

(ii)    9 per cent shall be retained as commission

by the club;

SCHEDULE 1—continued.

AMENDMENTS TO THE TOTALIZATOR ACT, 1916—continued.

(d) of that part (if any) of that balance which is

derived from bets made under section 3 B with another racing club at a racecourse other than one referred to in section 8 A ( 1 ) —

(i)    8 per cent shall be paid to that other club

to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund; and

(ii)    6 per cent shall be paid as commission to

that other club;

(e) of that part (if any) of that balance which is

derived from bets made under section 3B with another racing club at a racecourse referred to in

section 8 A ( 1 ) —

(i)    5 per cent shall be paid to that other club

to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund; and

(ii)   9 per cent shall be paid as commission

to that other club; and

(f) the remainder of that balance shall be paid as

dividends.

(4) Where the totalizator referred to in subsection

(2) is a doubles totalizator—

(a) of the balance referred to in subsection (2) (b) ,

excluding any part of that balance which is derived from bets referred to in paragraph (b),

(c) , (d) or (e)—

(i)    9 .5 per cent shall be paid as commission to the Minister to be credited to the Consolidated Revenue Fund;

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—continued.

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)    6 per cent shall be retained as commission

by the club;

(b) of that part (if any) of that balance which is
derived from bets made through the agency of
the Totalizator Agency Board—

(i)    8 per cent shall be paid as commission to

the Minister to be credited to the
Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   7.5 per cent shall be paid as commission

to the Board;

(c) of that part (if any) of that balance which is

derived from bets made under section 3 B with the club at a racecourse referred to in section 8A

(D—

(i)   6.5 per cent shall be paid as commission

to the Minister to be credited to the
Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   9 per cent shall be retained as

commission by the club;

SCHEDULE 1—continued.

AMENDMENTS TO THE TOTALIZATOR ACT, 1916—continued.

(d) of that part (if any) of that balance which is

derived from bets made under section 3B with another racing club at a racecourse other than one referred to in section 8 A ( 1 ) —

(i)   9.5 per cent shall be paid to that other club to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid to that other club to be paid as commission by that other club to the Minister to be credited to the Racecourse Development Fund; and

(iii)   6 per cent shall be paid as commission

to that other club;

(e) of that part (if any) of that balance which is

derived from bets made under section 3B with another racing club at a racecourse referred to in section 8 A ( 1 ) —

(i)   6.5 per cent shall be paid to that other club to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund;

(ii) 0.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Racecourse Development Fund; and

(iii) 9 per cent shall be paid as commission to
that other club; and
(f) the remainder of that balance shall be paid as

dividends.

S C H E D U L E 1—continued.
A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.

(5) Where the totalizator referred to in subsection (2) is a multiple selection totalizator—

(a) of the balance referred to in subsection (2) ( b ) ,

excluding any part of that balance which is derived from bets referred to in paragraph ( b ) ,

( c ) , (d) or ( e ) —

(i)    9 .5 per cent shall be paid as commission

to the Minister to be credited to the
Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   7 per cent shall be retained as commis­

sion by the club;

(b) of that part (if any) of that balance which is
derived from bets made through the agency of
the Totalizator Agency Board—
(i) 8 per cent shall be paid as commission to
the Minister to be credited to the Con­
solidated Revenue Fund;
(ii) 0.5 per cent shall be paid as commission
to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   8.5 per cent shall be paid as commission

to the Board;

S C H E D U L E 1—continued.
A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.
(c) of that part (if any) of that balance which is

derived from bets made under section 3 B with the club at a racecourse referred to in section

8A ( 1 ) —

(i)   6.5 per cent shall be paid as commission

to the Minister to be credited to the Con­
solidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   10 per cent shall be retained as

commission by the club;

(d) of that part (if any) of that balance which is

derived from bets made under section 3 B with another racing club at a racecourse other than one referred to in section 8A ( 1 ) —

(i)   9.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited

to the Consolidated Revenue Fund;
(ii) 0.5 per cent shall be paid to that other
club to be paid as commission by that other club to the Minister to be credited to the Racecourse Development Fund; and
(iii) 7 per cent shall be paid as commission
to that other club;

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—continued.
(e) of that part (if any) of that balance which is

derived from bets made under section 3 B with another racing club at a racecourse referred to

in section 8 A ( 1 ) —

(i)   6.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Racecourse Development Fund; and

(iii)   10 per cent shall be paid as commission

to that other club; and

(f) the remainder of that balance shall be paid as

dividends.

8A. (1) This section applies to every totalizator established and used under this Act—

(a) on the Menangle Park racecourse, the Hawkes-
bury racecourse, the Penrith Showground, the Bankstown Showground or the Fairfield Showground;
(b) on a prescribed racecourse that is less than 64
kilometres from the Sydney General Post Office;
or
(c) on a racecourse situated 64 kilometres or more
from the Sydney General Post Office.

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.

(2) A racing club which, under this Act, uses a

totalizator to which this section applies shall—

(a) deduct from the total money paid into the totalizator in respect of any event or contingency any sums refundable to investors, or transferable to another type of totalizator, in accordance with the regulations and the rules; and
(b) on the happening of that event or contingency,

distribute the balance in accordance with subsection ( 3 ) , (4) or ( 5 ) , whichever is applicable.

(3 ) Where the totalizator referred to in subsection (2) is a totalizator other than a doubles totalizator or a multiple selection totalizator—

(a) of the balance referred to in subsection (2) ( b ) ,

excluding any part of that balance which is derived from bets referred to in paragraph ( b ) ,

( c ) , (d) or ( e ) —

(i)    5 per cent shall be paid as commission to

the Minister to be credited to the

Consolidated Revenue Fund; and

(ii)   9 per cent shall "be retained as

commission by the club;

(b) of that part (if any) of that balance which is
derived from bets made through the agency of
the Totalizator Agency Board—

(i)    6 .5 per cent shall be paid as commission to the Minister to be credited to the Consolidated Revenue Fund; and

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.

(ii)    7 . 5 per cent shall be paid as commission to the Board;

(c) of that part (if any) of that balance which is

derived from bets made under section 3B with the club at a racecourse other than one referred to in subsection ( 1 ) —

(i)    8 per cent shall be paid as commission to

the Minister to be credited to the
Consolidated Revenue Fund; and

(ii)   6 per cent shall be retained as

commission by the club;

(d) of that part (if any) of that balance which is

derived from bets made under section 3B with another racing club at a racecourse referred to

in subsection ( 1 ) —

(i)    5 per cent shall be paid to that other club

to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund; and

(ii)   9 per cent shall be paid as commission

to that other club;

(e) of that part (if any) of that balance which is
derived from bets made under section 3 B with another racing club at a racecourse other than one referred to in subsection ( 1 ) —

(i)   8 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund; and

(ii)   6 per cent shall be paid as commission

to that other club; and

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.
(f) the remainder of that balance shall be paid as

dividends.

(4) Where the totalizator referred to in subsection

(2 ) is a doubles totalizator—

(a) of the balance referred to in subsection (2) ( b ) ,

excluding any part of that balance which is derived from bets referred to in paragraph ( b ) ,

( c ) , (d) or ( e ) —

(i)    6 . 5 per cent shall be paid as commission to the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   9 per cent shall be retained as commis­

sion by the club;

(b) of that part (if any) of that balance which is

derived from bets made through the agency of

the Totalizator Agency Board— (i) 8 per cent shall be paid as commission

to the Minister to be credited to the
Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   7.5 per cent shall be paid as commission

to the Board;

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.
(c) of that part (if any) of that balance which is

derived from bets made under section 3 B with the club at a racecourse other than one referred to in subsection ( 1 ) —

(i)   9.5 per cent shall be paid as commission

to the Minister to be credited to the Con­
solidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   6 per cent shall be retained as commis­

sion by the club;

(d) of that part (if any) of that balance which is

derived from bets made under section 3 B with another racing club at a racecourse referred to in subsection ( 1 ) —

(i)   6.5 per cent shall be paid to that other

club to be paid as commission by that

to the Consolidated Revenue Fund; other club to the Minister to be credited

(ii)   0.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Racecourse Development Fund; and

(iii)   9 per cent shall be paid as commission

to that other club;

S C H E D U L E 1—continued.
A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—continued.
(e) of that part (if any) of that balance which is

derived from bets made under section 3 B with another racing club at a racecourse other than one referred to in subsection ( 1 ) —

(i)   9.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Racecourse Development Fund; and

(iii)   6 per cent shall be paid as commission

to that other club; and

(f) the remainder of that balance shall be paid as

dividends.

(5) Where the totalizator referred to in subsection

(2) is a multiple selection totalizator—

(a) of the balance referred to in subsection (2) ( b ) ,
/
excluding any part of that balance which is derived from bets referred to in paragraph (b ) , ( c ) , (d) or ( e ) —

(i)   6.5 per cent shall be paid as commission

to the Minister to be credited to the
Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   10 per cent shall be retained as

commission by the club;

S C H E D U L E 1—continued.
A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.
(b) of that part (if any) of that balance which is
derived from bets made through the agency of
the Totalizator Agency Board—

(i)   8 per cent shall be paid as commission

to the Minister to be credited to the
Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)   8.5 per cent shall be paid as commission

to the Board;

(c) of that part (if any) of that balance which is

derived from bets made under section 3 B with the club at a racecourse other than one referred

to in subsection ( 1 ) —

(i)   9.5 per cent shall be paid as commission

to the Minister to be credited to the
Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid as commission

to the Minister to be credited to the
Racecourse Development Fund; and

(iii)    7 per cent shall be retained as commission

by the club;
(d) of that part (if any) of that balance which is

derived from bets made under section 3 B with another racing club at a racecourse referred to in subsection ( 1 ) —

(i)   6.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund;

S C H E D U L E 1—continued.
A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.

(ii)   0.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Racecourse Development Fund; and

(iii)   10 per cent shall be paid as commission

to that other club;

(e) of that part (if any) of that balance which is

derived from bets made under section 3 B with another racing club at a racecourse other than one referred to in subsection ( 1 ) —

(i)   9.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be paid to that other

club to be paid as commission by that other club to the Minister to be credited to the Racecourse Development Fund; and

(iii)   7 per cent shall be paid as commission

to that other club; and

(f) the remainder of that balance shall be paid as

dividends.

(4) Section S B -

Omit "Treasury" and "Treasurer" wherever occurring, insert instead "Minister".

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—continued.
(5) Section 8 D —
After section 8c, insert :—

8D. (1) Any amount required under section 8, 8A or

9c (10) to be paid by a racing club to another racing club may be recovered in a court of competent jurisdiction as a debt due to that other club.

(2) A dividend payable by a racing club in respect of any bet which was made with another racing club under section 3B shall be paid or credited by the former club to the latter club, and shall be paid or credited by the latter club to the person entitled to receive it.

(6) (a ) Section 9 ( 3 ) —

Omit "Treasury", insert instead "Minister".

(b) Section 9 ( 4 ) —

Omit "any such club", insert instead "any club using a totalizator".

(7) Sections 9A, 9B ( 1 ) , 9c (9) ( a ) —
Omit "Treasury" wherever occurring, insert instead

"Minister".

(8) (a) Section 9c (9) ( b ) —

Omit "Treasurer", insert instead "Minister".

(b) Section 9c ( 1 0 ) —

Omit the subsection, insert instead :—

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.
( 1 0 ) Where by reason of subsection (3 )

(paragraph (b) excepted) there is insufficient money for payment of the dividends in respect of the event or contingency in respect of which a totalizator was used, the deficiency shall be paid—

(a) by the Minister from the Consolidated

Revenue Fund—to the club that used the totalizator;

(b) by the Totalizator Agency Board—to the

club that used the totalizator;

(c) by any club that paid bets made with it in

respect of the event or contingency into the totalizator pursuant to section 3B (2) — to the club that used the totalizator; and

(d) by the club that used the totalizator,

in shares that bear to each other the same proportion

a s —

(e) the commission carried to the Consolidated

Revenue Fund under this Act or the Totalizator (Off-course Betting) Act, 1 9 6 4 ;

(f) the commission (if any) payable to the
Board;
(g) the commission (if any) payable to the

club that paid bets made with it in respect of the event or contingency into the totalizator pursuant to section 3B ( 2 ) ; and

(h) the commission (if any) retained by the

club that used the totalizator,

in respect of the event or contingency, bear to each
other.

SCHEDULE 1—continued.

A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.
( 9 ) (a ) Section 1 0 ( 3 ) - ( 4 A ) —

Omit the subsections, insert instead :—

(3) Where the totalizator referred to in subsection (2) is a totalizator other than a doubles totalizator or a multiple selection totalizator—

(a) of the balance referred to in subsection (2)

( b ) , excluding any part of that balance which is derived from bets referred to in paragraph ( b ) , (c) or ( d ) , 1 4 per cent (less the necessary expenses incurred in using the totalizator) shall be retained as commission by the Minister to be credited to the Consolidated Revenue Fund;

(b) of that part (if any) of that balance which

is derived from bets made through the agency of the Totalizator Agency Board—

(i)   6.5 per cent shall be retained as

commission by the Minister to be credited to the Consolidated Revenue Fund; and

(ii) 7 . 5 per cent shall be paid as

commission to the Board;
(c) of that part (if any) of that balance which

is derived from bets made under section 3 B with a racing club at a racecourse other than one referred to in section 8 A ( 1 ) —

(i)   8 per cent shall be retained as

commission by the Minister to be credited to the Consolidated Revenue Fund; and

SCHEDULE 1-continued.
A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.

(ii)   6 per cent shall be paid as

commission to the club;

(d) of that part (if any) of that balance which

is derived from bets made under section 3 B with a racing club at a racecourse referred

to in section 8 A ( 1 ) —

(i)   5 per cent shall be retained as

commission by the Minister to be credited to the Consolidated Revenue Fund; and

(ii)   9 per cent shall be paid as

commission to the club; and

(e) the remainder of that balance shall be paid

as dividends.

(4 ) Where the totalizator referred to in subsection (2) is a doubles totalizator—

(a) of the balance referred to in subsection (2)

( b ) , excluding any part of that balance which is derived from bets referred to in

paragraph ( b ) , (c) or ( d ) —
(i) 15.5 per cent (less the necessary expenses incurred in using the totalizator) shall be retained as commission by the Minister to be credited to the Consolidated Revenue Fund; and

(ii)   0.5 per cent shall be retained as

commission by the Minister to be credited to the Racecourse Development Fund;

S C H E D U L E 1—continued.
A M E N D M E N T S TO THE TOTALIZATOR A C T , 1916—cont inued.
(b) of that part (if any) of that balance which

is derived from bets made through the agency of the Totalizator Agency Board—

(i)   8 per cent shall be retained as

commission by the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be retained as

commission by the Minister to be credited to the Racecourse Development Fund; and

(iii)   7.5 per cent shall be paid as

commission to the Board;

(c) of that part (if any) of that balance which

is derived from bets made under section 3 B with a racing club at a racecourse other than one referred to in section 8A ( 1 ) —

(i) 9.5 per cent shall be retained as

commission by the Minister to be
credited to the Consolidated
Revenue Fund;

(ii)   0.5 per cent shall be retained as

commission by the Minister to be credited to the Racecourse Development Fund; and

(iii)   6 per cent shall be paid as

commission to the club;

SCHEDULE 1—continued.

AMENDMENTS TO THE TOTALIZATOR A C T , 1916—cont inued.
(d) of that part (if any) of that balance which

is derived from bets made under section 3 B with a racing club at a racecourse referred

to in section 8A ( 1 ) —

(i)   6.5 per cent shall be retained as

commission by the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be retained as

commission by the Minister to be credited to the Racecourse Development Fund; and

(iii)   9 per cent shall be paid as

commission to the club; and

(e) the remainder of that balance shall be paid

as dividends.

(4A) Where the totalizator referred to in subsection (2) is a multiple selection totalizator—

(a) of the balance referred to in subsection (2)

( b ) , excluding any part of that balance which is derived from bets referred to in

paragraph ( b ) , (c) or ( d ) —

(i)    16.5 per cent (less the necessary expenses incurred in using the totalizator) shall be retained as commission by the Minister to be credited to the Consolidated Revenue Fund; and

SCHEDULE 1—continued.

AMENDMENTS TO THE TOTALIZATOR A C T , 1916—cont inued.

(ii)   0.5 per cent shall be retained as

commission by the Minister to be credited to the Racecourse Development Fund;

(b) of that part (if any) of that balance which

is derived from bets made through the agency of the Totalizator Agency Board—

(i)   8 per cent shall be retained as

commission by the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be retained as

commission by the Minister to be credited to the Racecourse Development Fund; and

(iii)   8.5 per cent shall be paid as

commission to the Board;

(c) of that part (if any) of that balance which

is derived from bets made under section 3 B

with a racing club at a racecourse other than one referred to in section 8A ( 1 ) —

(i)   9.5 per cent shall be retained as

commission by the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be retained as

commission by the Minister to be credited to the Racecourse Develop­ ment Fund; and

S C H E D U L E 1—continued.
AMENDMENTS TO THE TOTALIZATOR A C T , 1916—continued.

(iii)   7 per cent shall be paid as commis­

sion to the club;

(d) of that part (if any) of that balance which

is derived from bets made under section 3 B with a racing club at a racecourse referred

to in section 8 A ( 1 ) —

(i)   6.5 per cent shall be retained as

commission by the Minister to be credited to the Consolidated Revenue Fund;

(ii)   0.5 per cent shall be retained as

commission by the Minister to be credited to the Racecourse Develop­

ment Fund ; and

(iii)      1 0 per cent shall be paid as commis­

sion to the club; and

(e) the remainder of that balance shall be paid

as dividends.

(b) Section 1 0 ( 5 ) —

Omit "be paid into the Treasury to".

( 1 0 ) Section 1 1 ( 1 ) , ( 2 ) —

Omit 'Treasurer" wherever occurring, insert instead

"Minister".

59941E-56

S C H E D U L E 1—continued.
AMENDMENTS TO THE TOTALIZATOR A C T , 1916—continued.
(11) Section 16 ( 3 ) —

At the end of section 16, in se r t :—

(3) Subsection (1) does not apply to any telephonic or telegraphic request, instructions or directions made or given by an officer, agent or servant of a racing club for the purpose of conducting totalizator betting pursuant to

section 3B.

(12) (a ) Section 19A ( 2 ) —

Omit "Under Secretary and Comptroller of Accounts, The Treasury", insert instead "Director, Department of Sport and Recreation".

(b) Section 19A ( 5 ) - ( 7 ) —

Omit "Treasurer" wherever occurring, insert instead

"Minister".

(13) Section 20 ( 2 ) —

After "any totalizator", insert "and the conduct of

totalizator betting of the kind referred to in section 3B"-
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