Totalizator Amendment (Exclusivity) Act 2013 (NSW)

An Act to amend the Totalizator Act 1997 to authorise an extension of the exclusivity period for the conduct of totalizators.

1Name of Act

This Act is the Totalizator Amendment (Exclusivity) Act 2013.

2Commencement

This Act commences on the date of assent to this Act.

Schedule 1Amendment of Totalizator Act 1997 No 45[1]Section 11 Meaning of “exclusivity period”

Insert at the end of the section:

(2)

Despite subsection (1), the exclusivity period includes any extension of the period resulting from the operation of section 17AA.

[2]Section 17AA

Insert after section 17:

17AAExtension of exclusivity period by agreement(1)

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.

(2)

The tabled copy of the deed poll is the copy of the deed poll executed by TAB Limited on 19 June 2013 as tabled, by or on behalf of the Minister introducing the Bill for the Totalizator Amendment (Exclusivity) Act 2013, in the Legislative Assembly on the day that the Bill was introduced.

(3)

If and when the NSW Exclusivity Deed comes into force, the exclusivity period referred to in section 11 is taken for the purposes of this Act (including for the purposes of any provision of a licence that refers to the exclusivity period) to have been extended to include an additional 20-year period:

• (a)

  commencing at the beginning of 23 June 2013, and

• (b)

  ending at 12.00 am on 23 June 2033.

Note—

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.

(4)

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).

(5)

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.

(6)

This section has effect despite anything to the contrary in this Act or any other law.

[3]Section 17A Competition authorisations

Omit “Trade Practices Act 1974” wherever occurring (including the note at the end of the section).

Insert instead “Competition and Consumer Act 2010”.

[4]Section 17A (1) (b2)

Insert after section 17A (1) (b1):

(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,

[5]Schedule 2 Savings, transitional and other provisions

Insert at the end of clause 1 (1):

any Act that amends this Act