Totalizator (Amendment) Act 1981 (NSW)

TOTALIZATOR (AMENDMENT) ACT, 1981, No. 26

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ANNO TRICESIMO

ELIZABETHiE II REGINA

Act No. 26, 1981.

An Act to amend section 9c of the Totalizator Act, 1916, with respect to the calculation and funding of certain totalizator dividends; and to validate certain payments. [Assented to, 14th May, 1981.]

Act No. 26, 1981.

Totalizator {Amendment).

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

Short title.

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

Act, 1981”.

Commencement.

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

commence on the date of assent to this Act.

(2) Section 4, in its application to Schedule 1 (l)-(5) and

(7), and Schedule 1 (l)-(5) and (7) 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.

Principal Act.

3.           The Totalizator Act, 1916, is referred to in this Act as the

Principal Act.

Amendment of Act No. 75, 1916.

4.           The Principal Act is amended in the manner set forth in

Schedule 1.

Validation.

(1) Any payment made by the Treasurer on or after 22nd April, 1972, and before 12th May, 1979, that would have been lawfully made only if—

5.

(a) section 9c (9) of the Principal Act, as amended by this Act, had been in force when the payment was made; and

Act No. 26, 1981.

Totalizator (Amendment).

(b) the reference in section 9c (9) (b) of that Act, as so amended, to the Minister were a reference to the Treasurer,

is hereby validated.

(2) Any payment made by the Minister on or after 12th May, 1979, and before the date of assent to this Act that would have been lawfully made only if section 9c (9) of the Principal Act, as amended by this Act, had been in force when the payment was made, is hereby validated.

SCHEDULE 1.

(Sec. 4.)

A mendments to the P rincipal A c t .

(1) Section 9c (1), definition of “the calculated amount”—

Omit “, (7) and (8 )”, insert instead “and (7 )”.

(2) Section 9c (2 )—

Omit “necessary adjustment under”, insert instead “adjust­ ment required to be made by”.

(3) Section 9c (6), (6a) —

Omit section 9c (6), insert instead ;—

(6) Subject to subsection (6a ), where—

(a)	2 or more starters fill any one place (including first place) in an event or contingency; and
(b)	a pool or any part thereof (ascertained in accord­ ance with this Act, the regulations or the rules made under this Act in respect of that place) is required to be divided in respect of the starters filling that place.

4  Act No. 26, 1981.

Totalizator {Amendment).

SCHEDULE 1—continued.

A mendments to the P rincipal Act—continued.

the calculated amount in relation to that event or con­ tingency for each starter that fills that place shall, after any adjustment required to be made by subsection (7), be the payable dividend in relation to that event or contingency for that starter.

(6 a) Subsection (6 ) does not apply in a case in which the pool or part thereof referred to in that subsection, which is required to be divided in respect of the starters filling the one place, would have been divided between those starters, had those starters respectively filled consecutive places commencing with that place.

(4) Section 9c (7)-

Omit “Where the calculated amount is, under subsection (2) or subsection (6) (paragraph (a) excepted), the pay­ able dividend in relation to any event or contingency— ”, insert instead “If, had this subsection not been enacted, the calculated amount would have been, by reason of the operation of subsection (2) or (6), the payable dividend in relation to any event or contingency, then—”.

(5) Section 9c (8 )—

Omit the subsection.

(6) Section 9c (9) —

After “excepted)”, insert “, (5 )’

Act No. 26, 1981.

Totalizator (Amendment).

SCHEDULE 1—continued.

Amendments to the Principal Act—continued,

(7) Section 9c (9 )—

Omit (7) or (8 )”, insert instead “or (7 )’\