Totalizator Regulation 2022 (NSW)
This Regulation is the Totalizator Regulation 2022.
This Regulation commences on 1 September 2022.
This Regulation replaces the Totalizator Regulation 2012, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
In this Regulation—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
For the Act, section 80(4), the prescribed advisory statement is—
• Help is close at hand
• 858 858
For the Act, sections 117(4) and 117A(1) and (2)(c), a licensee must—
(a) ensure copies of a problem gambling information brochure are available in each part of the premises in which the licensee conducts totalizator betting, and
(b) position the copies in a way that it is reasonable to expect a person in that part of the premises would be alerted to the copies, and
(c) in response to a request for a copy of a foreign language problem gambling information brochure—give a copy of the brochure to the person, in the language requested, as soon as possible after receiving the request.
Maximum penalty—50 penalty units.
In this section—
(a) approved by the Secretary, and
(b) published on the Liquor & Gaming NSW website.
(a) approved by the Secretary, and
(b) published on the Liquor & Gaming NSW website.
For the Act, sections 117(4) and 117A(1) and (2)(c), a licensee must—
(a) display a copy of the counselling notice in each part of the premises in which the licensee conducts totalizator betting, and
(b) position a copy of the counselling notice in a way that it is reasonable to expect a person in that part of the premises would be alerted to the contents of the notice, and
(c) display a copy of the gambling help notice on each automatic teller machine (
ATM ) and electronic funds transfer (EFT ) facility in the premises in which the licensee conducts totalizator betting.
Maximum penalty—50 penalty units.
A gambling help notice displayed on an ATM or EFT facility may consist of a permanently visible light emitting display.
In this section—
(a) containing a statement about problem gambling help options, and
(b) published on the Liquor & Gaming NSW website.
(a) containing a statement about problem gambling help options for the purposes of ATMs and EFT facilities, and
(b) published on the Liquor & Gaming NSW website.
For the Act, section 117A(1) and (2)(d), a licensee must ensure that each entry form, however described, and betting ticket issued by or on behalf of the licensee in a totalizator includes the following information—
• Help is close at hand
• 858 858
Maximum penalty—50 penalty units.
For the Act, section 5(1), definition of
(a) a person, whether or not appointed under a contract of service, who—
(i) manages or supervises the conduct of a totalizator by or on behalf of a licensee, or
(ii) is authorised to make decisions about the licensee’s operations in relation to the totalizator conducted by or on behalf of the licensee,
(b) a person, whether or not appointed under a contract of service, whose duties in relation to the conduct of a totalizator by or on behalf of a licensee include—
(i) taking bets, or
(ii) calculating, determining or declaring dividends, or
(iii) undertaking financial or accounting tasks, including dealing with money invested on the totalizator, or
(iv) designing, constructing, creating, operating, repairing or maintaining a device, equipment or software used in, or that otherwise affects, the conduct of the totalizator, or
(v) providing security.
The Minister may, by written notice given to a licensee, identify a person, or a person belonging to a class of persons, as a person who is not a key employee.
For the Act, section 31(7), a relevant body’s relevant interest in shares of a licensee must be disregarded for the purpose of deciding whether the body has a prohibited shareholding interest in the licensee if—
(a) for an authorised trustee corporation—
(i) the shares are held by—
(A) the corporation in the corporation’s capacity as trustee of a trust, undertaking or scheme, or
(B) a custodian on behalf of the corporation in the corporation’s capacity as trustee of a trust, undertaking or scheme, and
(ii) the trust, undertaking or scheme is governed by an approved deed, and
(iii) the authorised trustee corporation or custodian, if any, or a related body corporate of the corporation or custodian, does not decide the way in which voting rights attached to the shares are exercised, or
(b) for a registered scheme—
(i) the shares are held on trust by the responsible entity for the scheme, and
(ii) the responsible entity or related body corporate of the scheme does not decide the way in which voting rights attached to the shares are exercised.
In this section—
(a) an authorised trustee corporation, or
(b) the responsible entity for a registered scheme, or
(c) a related body corporate of the corporation or scheme.
For the Act, section 59, the following are prescribed—
(a) a change specified in Schedule 1,
(b) particulars in relation to the change specified in the corresponding entry in Schedule 1.
For the Act, section 70(1), the following percentages are prescribed—
(a) for Racing New South Wales—77.3%,
(b) for Harness Racing New South Wales—12.7%,
(c) for Greyhound Racing New South Wales—10%.
For the Act, section 103A(1), the following offences are prescribed—
(a) offences under the Act, sections 80(1), (4) and (5), 80B, 81(1), 82(1) and 84(3),
(b) offences under this Regulation, sections 5(1) and 6(1)(a) and (b).
An act, matter or thing that, immediately before the repeal of the Totalizator Regulation 2012, had effect under that Regulation continues to have effect under this Regulation.
section 10
Change | Particulars to be notified |
A change to the licensee’s or contractor’s name, principal place of business, postal address, email address, website address or telephone number | The changed name, principal place of business, postal address, email address, website address or telephone number |
A change in the membership of the licensee’s or contractor’s board of directors | The name, address and date of birth of a new director |
A change in the name or address of a member of the licensee’s or contractor’s board of directors | The changed name or address |
A change in information entered in the licensee’s or contractor’s register of members | The changed information, including information added to or deleted from the register |
The commencement, settlement, discontinuance or finalisation of civil or criminal proceedings to which the licensee or contractor is a party | Information about the nature of the proceedings, the date proceedings were commenced, settled, discontinued or finalised and the outcome of the proceedings, unless disclosure of the outcome is prohibited |
The obtaining of a judgment against the licensee or contractor, the creation of a charge over the licensee’s property or repossession of the licensee’s or contractor’s property | Information about the affected property and the terms of the judgment or charge, or the reasons for and circumstances of the repossession |
An amendment of the licensee’s or contractor’s assessment under taxation legislation of the Commonwealth | Information about the amendment |
A change in the key employees employed by or on behalf of the licensee or contractor | The name and address of a person who becomes or ceases to be a key employee and the date that occurs |
The commencement, settlement, discontinuance or finalisation of civil or criminal proceedings to which a key employee of the licensee or contractor is a party and of which the licensee or contractor is aware | Information about the nature of the proceedings, the names and addresses of the other parties to the proceedings, the date proceedings were commenced, settled, discontinued or finalised and the outcome of the proceedings, unless disclosure of the outcome is prohibited |
The commencement of the winding up of the licensee or contractor or the placement of the licensee or contractor under voluntary administration | The date on which the winding up or voluntary administration commenced |
The licensee or contractor entering into a compromise or arrangement with the licensee’s or contractor’s creditors | The date on which the compromise or arrangement was entered into and the terms of the compromise or arrangement |
The appointment of a receiver or manager, by the Supreme Court or otherwise, in relation to the licensee’s or contractor’s property | The date and terms of the appointment |
For the Act, section 100A—
(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and
(b) the amount payable for the penalty notice is the amount specified opposite the provision.
If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—
(a) that limited kind of offence, or
(b) an offence committed in those limited circumstances.
Provision | Penalty—individuals | Penalty—corporations |
Section 34(4) | $1,100 | $1,100 |
Section 35(1) and (2) | $1,100 | $1,100 |
Section 59 | $550 | $550 |
Section 80(1), (4) and (5) | $2,750 | $13,750 |
Section 80A(2) | $2,750 | $13,750 |
Section 80AA(1) and (2) | $2,750 | $13,750 |
Section 80B | $2,750 | $13,750 |
Section 81 | $220 | $220 |
Section 82(1) | $550 | $550 |
Section 83(1) | $550 | $550 |
Section 84(1) | $220 | — |
Section 84(3) | $550 | $550 |
Section 86 | $550 | $550 |
Section 87 | $550 | $550 |
Section 88(1) | $550 | $550 |
Section 89(1) | $550 | $550 |
Section 5(1) | $550 | $550 |
Section 6(1) | $550 | $550 |
Section 7 | $550 | $550 |
Totalizator Regulation 2022 (507). LW 26.8.2022. Date of commencement, 1.9.2022, sec 2.
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