Totalizator Amendment Regulation 2015 (NSW)

New South Wales

Totalizator Amendment Regulation 2015

under the

Totalizator Act 1997

His Excellency the Governor, with the advice of the Executive Council, has made the following

Regulation under the Totalizator Act 1997.

TROY GRANT, MP

Minister for Racing

Explanatory note
The objects of this Regulation are:

(a)	to clarify that any inducement to participate in gambling activities is prohibited in totalizator advertising, and
(b)	to prohibit the publishing of totalizator advertising in relation to certain sporting fixtures during those sporting fixtures.

This Regulation is made under the Totalizator Act 1997, including sections 80 and 117 (the general regulation-making power).

Totalizator Amendment Regulation 2015

under the

Totalizator Act 1997

1      Name of Regulation

This Regulation is the Totalizator Amendment Regulation 2015.

2      Commencement

(1)	This Regulation commences on 4 January 2016 except as provided by subclause (2).
(2)	Schedule 1 [2] commences on 1 March 2016.

Schedule 1 Amendment of Totalizator Regulation 2012

[1]      Clause 12 Prohibitions on totalizator advertising

Omit clause 12 (2) (h). Insert instead:

(h) offers any inducement to participate, or to participate frequently, in any gambling activity (including an inducement to open a betting account).

[2]      Clause 12A

Insert after clause 12:

12A Totalizator advertising during sporting fixtures

(1)

This clause applies to a sporting fixture that is, or is part of, a sporting event
for which there is a sports controlling body.

(2)

A person must not publish totalizator advertising in relation to a sporting fixture during the sporting fixture including during any breaks in the sporting fixture.

Maximum penalty: 50 penalty units.

(3)

This clause does not apply to an extended sporting fixture unless the Minister has published a notice in the Gazette that provides that this clause is to apply to that fixture. The Minister may publish a notice if the Minister considers it to be in the public interest.

(4)

This clause does not apply to the following advertisements:

(a) an advertisement to the extent that it is published on the internet,

(b) an advertisement to the extent that it is published in gambling premises. For the avoidance of doubt, an advertisement that is in place before a sporting fixture commences (such as an advertisement on a billboard) is taken, for the purposes of this clause, not to be published during the sporting fixture.

(5)

(6)

In this clause:
extended sporting fixture means:

(a)	a sporting fixture that is scheduled to take place over a period exceeding 4 hours, or
(b)	a sporting fixture that takes place on multiple days.

gambling premises means a hotel, racing club or registered club within the meaning of the Liquor Act 2007, premises operated by a licensee (or an agent of a licensee) for the purposes of the conduct of a totalizator.

sporting event has the same meaning as in section 17A of the Betting and
Racing Act 1998.
sporting fixture means a single match, game, contest, race (but not a race
within the meaning of the Betting and Racing Act 1998) or fight, whether
taking place on a single day or multiple days.
sports controlling body for a sporting event means the sports controlling body
prescribed for the sporting event under section 17B of the Betting and Racing
Act 1998.