Untitled document
Racing and Gambling Legislation Amendment Act 2008
No. 73 of 2008
table of provisions
Section Page
Part 1—Preliminary
1Purpose
2Commencement
Part 2—Racing Act 1958
3Definitions in Part I
4Division 2 of Part I
5New section 4 substituted and section 4A inserted
4Betting with registered bookmaker
4AMethods of remote betting
6Definition of harness racing industry participant
7Definition of greyhound racing industry participant
8Definition of penalty
9Definition of bookmaking licence
10Amendment of Part IV
Part iv—REGISTERED BOOKMAKERS AND CONTROLLING BODIES".
11New section 91 substituted
12Controlling bodies may make rules
13New section 91AB inserted
91ABApproved substitutes
14Provision of information regarding betting records
15New section 92 substituted
92Production of documents by bookmakers and bookmaker's key employees
16Repeal of sections 93 and 94
17Guarantee of bookmakers against defaults in payment of wagers
Part 3—Gambling Regulation Act 2003
18Definitions
19Non-application of section 2.4.1
20What are betting houses and places of betting?
21Exceptions to restrictions on publishing betting information
22Restrictions on publication and use of race fields
23New Part 5A of Chapter 4 inserted
Part 5a—bookmaker and bookmaking related registrations
4.5A.1Definitions
4.5A.2Application for registration as bookmaker
4.5A.3Application for registration as bookmaker's key employee
4.5A.4Determination of application for registration as bookmaker
4.5A.5Determination of application for registration as bookmaker's key employee
4.5A.6Certificate of registration and identity card
4.5A.7Duration of registration as bookmaker or bookmaker's key employee
4.5A.8Nominee of corporation
4.5A.9Application of registered bookmakers to be in partnerships
4.5A.10Approval of registered bookmakers to be in partnerships
4.5A.11Conditions of registration
4.5A.12Amendment of conditions
4.5A.13Registration renewal
4.5A.14Disciplinary action against registered bookmaker or bookmaker's key employee
4.5A.15Review by VCAT of registrations as a bookmaker
or bookmaker's key employee4.5A.16Time limit for applying for review
4.5A.17Change in situation of person or associate
24Offences relating to totalisators and approved betting competitions
25Meaning of interactive game
26Functions of Commission
27Amendment to Part 1 of Chapter 10
28Amendments to Part 4 of Chapter 10
29Consequential amendments to Part 7 of Chapter 10
30New Part 20 inserted
Part 20—racing and gambling legislation amendment act 2008
20.1Definition
20.2Registration of bookmakers
20.3Approval of bookmakers to be in partnerships
20.4Approval of companies to act as bookmakers
20.5Registration of bookmaker's clerks
20.6Applications made but not determined
20.7Disciplinary action by the Commission
20.8Guarantee of bookmakers against defaults in payment
of wagers
Part 4—Instruments Act 1958
31Certain instruments deemed to have been given for an illegal consideration
Part 5—Repeal of amending Act
32Repeal of Act
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EndnoteS
Racing and Gambling Legislation Amendment Act 2008
No. 73 of 2008
[Assented to 25 November 2008]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purpose
The purpose of this Act is to amend the Racing Act 1958, the Gambling Regulation Act 2003 and the Instruments Act 1958—
(a)to allow bookmakers to conduct internet and telephone betting operations at any time from approved racecourse locations;
(b)to transfer responsibility for the registration of bookmakers and bookmaker's key employees to the Victorian Commission for Gambling Regulation;
(c)to permit corporations to act as bookmakers.
2Commencement
(1)Subject to subsection (3), this Act, other than section 29, comes into operation on a day or days to be proclaimed.
(2)Section 29 comes into operation on the later of—
(a)the day on which section 23 of this Act comes into operation;
(b)the day on which section 31 of the Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008 comes into operation.
(3)If a provision of this Act, other than section 29, does not come into operation before 1 December 2009, it comes into operation on that day.
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Part 2—Racing Act 1958
3Definitions in Part I
(1)Insert the following definitions in section 3(1) of the Racing Act 1958—
"approved substitute means a registered bookmaker's key employee approved under section 91AB by a controlling body to carry on the business of a registered bookmaker;
bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;
registered bookmaker has the same meaning as in the Gambling Regulation Act 2003;
registered bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;".
(2)In section 3(1) of the Racing Act 1958, the definition of approved bookmaking company is repealed.
4Division 2 of Part I
In the heading to Division 2 of Part I of the Racing Act 1958, for "Betting, &c., at race meetings" substitute "Legality of betting".
5New section 4 substituted and section 4A inserted
For section 4 of the Racing Act 1958 substitute—
"4 Betting with registered bookmaker
(1)Despite anything in the Gambling Regulation Act 2003 (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a racecourse is not a common gaming house or place for the purposes of that Act, if a person bets by way of wagering—
(a)on any horse race, harness race or greyhound race; or
(b)on any approved betting event; or
(c)on a group of races approved by the Minister under section 2.5.16(1)(b) of the Gambling Regulation Act 2003 or on a race from such a group of races—
in accordance with this section.
(2)The racecourse must be licensed under this Part.
(3)The bet must be made—
(a)with a registered bookmaker; or
(b)with an approved substitute—
who is present on the racecourse at the time the bet is made.
(4)The bet must be made—
(a)during the holding of a race meeting at the racecourse by a person present on the racecourse; or
(b)at any time by a person not present on the racecourse using a method of communication approved by the Minister under section 4A.
(5)In this section, a reference to a racecourse licensed under this Part includes a reference to land otherwise authorised for the holding of race meetings under this Part or Part III.
4AMethods of remote betting
(1)The Minister, by notice published in the Government Gazette, may approve a method of communication which may be used by registered bookmakers or approved substitutes to accept bets from persons not present on the racecourse on which the bookmaker is carrying on business.
(2)The Minister may give approval for any period and on any conditions that the Minister thinks fit and may vary or withdraw any approval so given.".
6Definition of harness racing industry participant
In section 38(1) of the Racing Act 1958, in the definition of harness racing industry participant, in paragraph (b)(i), for "bookmakers registered under Part IV" substitute "registered bookmakers".
7Definition of greyhound racing industry participant
In section 51(1) of the Racing Act 1958, in the definition of greyhound racing industry participant, in paragraph (b)(i), for "bookmakers registered under Part IV" substitute "registered bookmakers".
8Definition of penalty
In section 83F of the Racing Act 1958, in the definition of penalty, for "bookmakers' clerk" (wherever occurring) substitute "bookmaker's key employee".
9Definition of bookmaking licence
(1)In section 83P of the Racing Act 1958, for the definition of bookmaking licence substitute—
"bookmaking licence means a licence or other authority issued in respect of a bookmaker or bookmaker's key employee by a controlling body or racing club under any rules made under section 5, 91A or 91B;".
(2)In section 83P of the Racing Act 1958, in the definition of occupational racing licence, for "bookmaking licence" substitute "bookmaking licence or registration of a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 of the Gambling Regulation Act 2003".
10Amendment of Part IV
(1)For the heading to Part IV of the Racing Act 1958 substitute—
"Part iv—REGISTERED BOOKMAKERS AND CONTROLLING BODIES".
(2)In section 84 of the Racing Act 1958, the definitions of approved bookmaking company, bookmaker's clerk, Committee, member, substitute licence and substitute permit and trading bookmaking partnership are repealed.
(3)Sections 85, 85AA, 85A, 86, 86A, 86B, 86C, 87, 87B, 88, 89 and 90 of the Racing Act 1958 are repealed.
11New section 91 substituted
For section 91 of the Racing Act 1958 substitute—
"91 Requirements for bookmakers to carry on business
(1)A person must not carry on the business of bookmaking on a racecourse or part of a racecourse or a sports ground unless the person—
(a)is a registered bookmaker or an approved substitute; and
(b)in the case of a registered bookmaker, holds a club bookmaker's licence issued to the bookmaker for that racecourse or part of a racecourse or sports ground if such a licence is required by a controlling body or by any racing club or promoter of sports to enable the bookmaker to carry on the business of bookmaking.
Penalty:Level 8 imprisonment (1 year maximum) or level 8 fine (120 penalty units) or both.
(2)If a controlling body requires a bookmaker to hold a club bookmaker's licence for race meetings at a racecourse, then the bookmaker is not required to obtain a club bookmaker's licence from any racing club in respect of those race meetings.
(3)If Racing Victoria requires a bookmaker to hold a club bookmaker's licence for the purposes of betting in accordance with section 4(4)(b), the bookmaker is not required to obtain a club bookmaker's licence from any other racing club in respect of that betting.
(4)A person carrying on the business of bookmaking on a racecourse or part of a racecourse or a sports ground must not employ a person as a bookmaker's key employee unless the person is a registered bookmaker's key employee.
Penalty:20 penalty units.".
12Controlling bodies may make rules
After section 91A(3) of the Racing Act 1958 insert—
"(4)A controlling body must advise the Commission of any disciplinary action taken against a bookmaker under rules made under this section within 48 hours of the taking of the action.
(5)On being advised of any disciplinary action taken against a bookmaker, the Commission may request in writing to the controlling body any further information relating to the disciplinary action.
(6)The controlling body must give the information requested under subsection (5) to the Commission within 14 days or the longer period allowed by the Commission.".
13New section 91AB inserted
After section 91A of the Racing Act 1958 insert—
"91AB Approved substitutes
(1)A registered bookmaker may apply to a controlling body for approval of a registered bookmaker's key employee to carry on the business of the registered bookmaker during a period of absence.
(2)An approval by the controlling body under subsection (1) may be given generally or in relation to particular race meetings or dates.
(3)Each controlling body must establish and maintain a Register of Approved Substitutes.
(4)The Register must contain the following information—
(a)the name of each registered bookmaker who has an approved substitute; and
(b)the name of the approved substitute for that registered bookmaker; and
(c)the period of time for which the approval was granted; and
(d)if applicable, the particulars of the race meetings and dates for which the approved substitute will substitute for the registered bookmaker.
(5)A controlling body must make its Register available for inspection by the Commission.
(6)An approved substitute is subject to the provisions of this Act and every other Act in all respects as if the approved substitute were a registered bookmaker or the holder of a club bookmaker's licence.".
14Provision of information regarding betting records
(1)In section 91E of the Racing Act 1958, for "bookmaker or bookmaker's clerk" substitute "registered bookmaker or registered bookmaker's key employee".
(2)In section 91E(b) of the Racing Act 1958, for "Committee" substitute "Commission".
15New section 92 substituted
For section 92 of the Racing Act 1958 substitute—
"92 Production of documents by bookmakers and bookmaker's key employees
(1)A bookmaker carrying on the business of bookmaking on a racecourse or part of a racecourse or a sports ground must produce for inspection—
(a)evidence of registration under Part 5A of Chapter 4 of the Gambling Regulation Act 2003; or
(b)evidence of a licence required under section 91(1)(b)—
if so requested by an authorised person.
Penalty:20 penalty units.
(2)A bookmaker's key employee who is working on a racecourse or part of a racecourse or a sports ground must produce for inspection evidence of registration under Part 5A of Chapter 4 of the Gambling Regulation Act 2003 if so requested by an authorised person.
Penalty:20 penalty units.
(3)In this section—
authorised person means—
(a)the secretary or chairman of the club conducting the races on the racecourse; or
(b)the promoter of any sports on the sports ground; or
(c)a police member; or
(d)an inspector appointed under section 10.5.1 of the Gambling Regulation Act 2003.".
16Repeal of sections 93 and 94
Sections 93 and 94 of the Racing Act 1958 are repealed.
17Guarantee of bookmakers against defaults in payment of wagers
(1)In section 94A(1AA) of the Racing Act 1958 insert the following definition—
"bond includes a guarantee;".
(2)In section 94A(1AA) of the Racing Act 1958, for the definition of determined amount substitute—
"determined amount, in relation to a bond, class of registered bookmaker or class of wager, means the amount determined by Order under subsection (2B) in respect of that bond, class of registered bookmaker or class of wager.".
(3)In section 94A(1AA) of the Racing Act 1958 the definition of registered bookmaker is repealed.
(4)For section 94A(1) of the Racing Act 1958 substitute—
"(1)The Commission, with the approval of the Minister, may—
(a)arrange with the Victorian Bookmakers Association Limited ACN 004 236 677 (the Company) for the Company to lodge with the Commission a bond in the determined amount, in the circumstances and to the extent provided by this section, to satisfy defaults made by registered bookmakers or their approved substitutes in the payment of wagers to persons betting with them in accordance with section 4, a club betting permit or section 2.5.10 of the Gambling Regulation Act 2003; or
(b)require a registered bookmaker to make arrangements satisfactory to the Commission for the lodgement of a bond in the determined amount to satisfy defaults made by the bookmaker or the bookmaker's approved substitute.".
(5)In section 94A(2) of the Racing Act 1958—
(a)after "bond" insert "under subsection (1)(a)";
(b)for "Committee" (where first occurring) substitute "Commission";
(c)for "chairman of the Committee" substitute "Commission".
(6)For section 94A(2A) of the Racing Act 1958 substitute—
"(2A)A bond under subsection (1)(a) may limit the liability of the Company—
(a)in relation to each registered bookmaker who is a member of a class determined by Order under subsection (2B), to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers (not being defaults to which paragraph (b) applies)—
(i)of a total amount of not less than the determined amount in respect of that class of registered bookmaker; or
(ii)if the registered bookmaker is a member of more than one class, of a total amount of not less than the highest determined amount in respect of those classes of registered bookmaker; and
(b)in relation to each registered bookmaker, to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers of a class determined by Order under subsection (2B), of a total amount of not less than the determined amount in respect of that class of wager.".
(7)For section 94A(2B) of the Racing Act 1958 substitute—
"(2B)The Governor in Council, by Order published in the Government Gazette, may determine for the purposes of this section—
(a)the amount of a bond referred to in subsection (1)(a) or (b); and
(b)classes of registered bookmaker and an amount in respect of each class; and
(c)classes of wager and an amount in respect of each class.".
(8)In section 94A(3) of the Racing Act 1958, after "bond" (where first occurring) insert "under subsection (1)(a)".
(9)In section 94A(4) of the Racing Act 1958 omit "or an approved bookmaking company".
(10)In section 94A(5)(a) of the Racing Act 1958 omit "or the approved bookmaking company,".
(11)In section 94A(5)(b) of the Racing Act 1958 omit "or the approved bookmaking company,".
(12)In section 94A(5A) of the Racing Act 1958—
(a)omit "or the approval of an approved bookmaking company";
(b)for "Committee" (wherever occurring) substitute "Commission".
(13)In section 94A(5A)(b) of the Racing Act 1958 omit "or the approved bookmaking company,".
(14)In section 94A(5B) of the Racing Act 1958 omit "or an approved bookmaking company,".
(15)In section 94A(5B)(b)(i) of the Racing Act 1958 omit "or approved bookmaking company's approval,".
(16)In section 94A(5B)(b)(ii) of the Racing Act 1958 omit "or the approved bookmaking company,".
(17)In section 94A(5C) of the Racing Act 1958, for "Committee" substitute "Commission".
(18)In section 94A(5D) of the Racing Act 1958—
(a)for "Committee" (wherever occurring) substitute "Commission";
(b)omit "or an approved bookmaking company,".
(19)In section 94A(6) of the Racing Act 1958, for "Committee" substitute "Commission".
(20)In section 94A(7) of the Racing Act 1958—
(a)omit "or an approved bookmaking company,";
(b)for "Committee" substitute "Commission".
(21)In section 94A(8) of the Racing Act 1958, for "Committee" (wherever occurring) substitute "Commission".
(22)In section 94A(10) of the Racing Act 1958, for "Committee" (wherever occurring) substitute "Commission".
(23)In section 94A(11) of the Racing Act 1958, in the definition of relevant authority—
(a)in paragraph (a), for "4(1)(a)" substitute "4(4)(a)";
(b)in paragraph (b), for "4(1)(b)" substitute "4(4)(b)".
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Part 3—Gambling Regulation Act 2003
18Definitions
(1)In section 1.3(1) of the Gambling Regulation Act 2003, the definitions of approved bookmaker and approved bookmaking company are repealed.
(2)In section 1.3(1) of the Gambling Regulation Act 2003, in the definition of registered bookmaker, for "certificate of registration as a bookmaker under Part IV of the Racing Act 1958" substitute "certificate of registration as a registered bookmaker under Part 5A of Chapter 4".
(3)In section 1.3(1) of the Gambling Regulation Act 2003 insert the following definitions—
"bookmaker includes—
(a)a person who (whether on the person's own account or as employee or agent of any other person) carries on the business or vocation of or acts as a bookmaker or turf commission agent;
(b)a person who gains or endeavours to gain a livelihood wholly or partly by betting or making wagers;
bookmaker's key employee means a person who is—
(a)employed by a bookmaker in a managerial capacity; or
(b)authorised to make decisions, involving the exercise of his or her discretion, which are relevant to the business operations of a bookmaker; or
(c)employed in any other activity relating to the operations of a bookmaker that is specified by the Commission;
registered bookmaker's key employee means the holder of a current certificate of registration as a registered bookmaker's key employee under Part 5A of Chapter 4;".
(4)After section 1.3(3) of the Gambling Regulation Act 2003 insert—
"(4)For the purposes of the definition of bookmaker's key employee in subsection (1), the Commission may specify any activity relating to the operations of a bookmaker by giving written notice to the bookmaker.".
19Non-application of section 2.4.1
(1)In section 2.4.2(b) of the Gambling Regulation Act 2003—
(a)for "an approved bookmaker" substitute "a registered bookmaker";
(b)for "Part IV of the Racing Act 1958" substitute "Part 5A of Chapter 4".
(2)For section 2.4.2(c) of the Gambling Regulation Act 2003 substitute—
"(c)any bet made in the name of a trading bookmaking partnership (within the meaning of Part 5A of Chapter 4) all the members of which have approval to be members of that partnership under section 4.5A.10, being a bet made in accordance with section 4 of the Racing Act 1958; or".
20What are betting houses and places of betting?
In section 2.5.1(1)(c) of the Gambling Regulation Act 2003, for "an approved bookmaker" substitute "a registered bookmaker".
21Exceptions to restrictions on publishing betting information
(1)In section 2.5.16(1)(b) of the Gambling Regulation Act 2003, for "an approved bookmaker" substitute "a registered bookmaker".
(2)In section 2.5.16(2) of the Gambling Regulation Act 2003, for "An approved bookmaker who uses a method of communication approved under section 86A" substitute "A registered bookmaker who uses a method of communication approved under section 4A".
(3)In section 2.5.16(3) of the Gambling Regulation Act 2003, for "An approved bookmaker who is authorised under Part IV of the Racing Act 1958" substitute "A registered bookmaker who is authorised under Part 5 of Chapter 4".
22Restrictions on publication and use of race fields
In section 2.5.19B(2)(c) of the Gambling Regulation Act 2003, for "an approved bookmaker" substitute "a registered bookmaker".
23New Part 5A of Chapter 4 inserted
After Part 5 of Chapter 4 of the Gambling Regulation Act 2003 insert—
"Part 5a—bookmaker and bookmaking related registrations
4.5A.1Definitions
In this Part—
trading bookmaking partnership means a partnership under the trading name of which wagers are taken.
4.5A.2Application for registration as bookmaker
(1)An individual aged 18 years or more or a corporation may apply to the Commission for registration as a bookmaker.
(2)An application under subsection (1)—
(a)must be in the form approved by the Commission; and
(b)must be accompanied by the prescribed fee (if any); and
(c)must contain or be accompanied by any additional information the Commission requires; and
(d)if the applicant is a corporation, must nominate an individual aged 18 years or more for approval under section 4.5A.8 to be the nominee of the corporation.
(3)If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application.
4.5A.3Application for registration as bookmaker's key employee
(1)An individual aged 18 years or more may apply to the Commission for registration as a bookmaker's key employee.
(2)An application under subsection (1)—
(a)must be in the form approved by the Commission; and
(b)must be accompanied by the prescribed fee (if any); and
(c)must contain or be accompanied by any additional information the Commission requires.
(3)If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application.
4.5A.4Determination of application for registration as bookmaker
(1)The Commission is to determine whether to grant or refuse an application for registration as a bookmaker.
(2)In determining whether to grant or refuse an application, the Commission must have regard to—
(a)whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity; and
(b)whether the applicant, and each associate of the applicant, has any business association with any person, body or association who or which, in the opinion of the Commission, is not of good repute having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources; and
(c)whether the applicant, and each associate of the applicant, is of sound and stable financial background; and
(d)if the applicant is a corporation—
(i)whether the applicant has, or has arranged for, a satisfactory ownership, trust or corporate structure; and
(ii)whether the nominee, each director, partner, trustee, executive officer and secretary and any other officer or person determined by the Commission to be associated or connected with the ownership, administration or management of the operations or business of the applicant is a suitable person to act in that capacity; and
(e)whether appropriate bond arrangements for the applicant under section 94A of the Racing Act 1958 are in place.
(3)The Commission must give written notice of its decision on an application to the applicant.
(4)If the Commission refuses an application, the notice under subsection (3) must include the reasons for the refusal.
4.5A.5Determination of application for registration as bookmaker's key employee
(1)The Commission is to determine whether to grant or refuse an application for registration as a bookmaker's key employee.
(2)In determining whether to grant or refuse an application, the Commission must have regard to whether the applicant, and each associate of the applicant, is of good repute, having regard to character, honesty and integrity.
(3)The Commission must give written notice of its decision on an application to the applicant.
(4)If the Commission refuses an application, the notice under subsection (3) must include the reasons for the refusal.
4.5A.6Certificate of registration and identity card
(1)On granting an application for registration as a bookmaker or bookmaker's key employee, the Commission must issue a certificate of registration and an identity card to the registration holder.
(2)At all times while working as a registered bookmaker or bookmaker's key employee on a licensed racecourse—
(a)the registration holder; or
(b)if the registration holder is a registered bookmaker that is a corporation, the nominee of the registered bookmaker—
must wear his or her identity card in such a manner as to be visible to other people.
(3)In the event that a certificate of registration or identity card is lost or destroyed, the registration holder or nominee may apply to the Commission for a replacement certificate or card.
(4)An application for a replacement certificate of registration or identity card must—
(a)be accompanied by a statutory declaration as to the circumstances in which the certificate or card was lost or destroyed; and
(b)be accompanied by the prescribed fee (if any).
(5)If the registration is cancelled or suspended, the registration holder must return the certificate of registration and identity card to the Commission within 14 days after the suspension or cancellation.
Penalty:20 penalty units.
4.5A.7Duration of registration as bookmaker or bookmaker's key employee
Registration as a bookmaker or bookmaker's key employee—
(a)takes effect when the certificate of registration is given or on a later date specified in the certificate; and
(b)remains in force for the term not exceeding 5 years specified in the registration unless sooner cancelled or surrendered.
4.5A.8Nominee of corporation
(1)The Commission may approve or refuse to approve a person nominated under section 4.5A.2(2)(d) by either approving or refusing to approve the nominated person and must notify the applicant of its decision in writing.
(2)The Commission may refuse to approve a nominated person unless it is satisfied that the person, and each associate of the person, is a suitable person to be concerned in or associated with the management and operation of the corporation.
(3)In determining whether a nominated person is a suitable person under subsection (2), the Commission must consider—
(a)whether the nominee is of good repute, having regard to character, honesty and integrity; and
(b)whether the nominee and each associate of the nominee are of a sound and stable financial background.
(4)If the Commission approves a nominated person, the Commission must issue an identity card to that person.
(5)If—
(a)the Commission refuses to approve a nominated person; or
(b)a nominee who has been approved by the Commission resigns, is dismissed or otherwise becomes unable to perform the functions of the nominee of the corporation—
the applicant or registration holder must nominate, within 60 days (or the longer period allowed by the Commission) after the refusal, resignation or dismissal, or becoming unable to perform, another individual aged 18 years or more for approval under this section to be the nominee of the corporation.
(6)A nominee approved under this section is liable under this Act as a registered bookmaker.
(7)The approval by the Commission of a nominee under this section does not limit the liability of the corporation as a registered bookmaker.
(8)A function of the Commission under this section may be performed by any commissioner.
4.5A.9Application of registered bookmakers to be in partnerships
(1)A registered bookmaker may apply in writing to the Commission for approval for either or both of the following—
(a)to be a member of a trading bookmaking partnership; or
(b)to be a member of any other partnership where the business of that bookmaker as a bookmaker or any substantive parts of that business are conducted jointly with other bookmakers.
(2)An application under subsection (1)—
(a)must be in the form approved by the Commission; and
(b)must be accompanied by any additional information in connection with the application that the Commission requires.
(3)If a requirement made by or under this section is not complied with, the Commission may refuse to consider the application.
4.5A.10Approval of registered bookmakers to be in partnerships
(1)The Commission may grant or refuse an application under section 4.5A.9(1) and may at any time revoke or vary an approval granted under this section.
(2)An approval under this section ceases to have effect—
(a)at the time specified by the Commission, but in any case no later than the third anniversary of the granting of the approval; or
(b)on the revocation of the approval by the Commission; or
(c)on the surrender of the approval by the bookmaker to the Commission; or
(d)on the certificate of registration issued under this Part to any registered bookmaker who is a member of the partnership ceasing to have effect—
whichever is the earliest.
(3)The Commission may suspend an approval under this section, and during the period of suspension the approval has no force or effect.
(4)The Commission may impose a condition on an approval under this section either on or after the granting of the application for the approval.
(5)The Commission may vary or revoke a condition of an approval under this section.
(6)Unless a registered bookmaker has the approval of the Commission under this section to do so, the registered bookmaker must not be a member of—
(a)a trading bookmaking partnership; or
(b)any other partnership where the business of that bookmaker as a bookmaker or any substantive parts of that business are conducted jointly with other persons.
4.5A.11Conditions of registration
On granting an application for registration as a bookmaker or bookmaker's key employee, the Commission may impose any conditions of registration that the Commission considers are appropriate including—
(a)conditions to allow for the proper conduct of bookmaking; or
(b)are otherwise in the public interest.
4.5A.12Amendment of conditions
(1)The conditions of a registration as a bookmaker or bookmaker's key employee may be amended in accordance with this section.
(2)An amendment may be proposed—
(a)by the registration holder by requesting the Commission in writing; or
(b)by the Commission by giving notice of the proposed amendment and giving reasons to the registration holder in writing.
(3)An amendment proposed by the Commission may only be for the proper conduct of bookmaking or otherwise in the public interest.
(4)The Commission must give the registration holder at least 28 days to make a submission concerning an amendment proposed by the Commission and must consider any submission made within that period.
(5)The registration holder may waive the right under subsection (4) to make a submission concerning an amendment proposed by the Commission by giving notice in writing to the Commission.
(6)The Commission must decide whether to make any proposed amendment, either with or without changes from that originally proposed, and must notify the registration holder of its decision in writing.
(7)An amendment takes effect when notice of the Commission's decision is given to the registration holder or at any later date that may be specified in the notice.
4.5A.13Registration renewal
(1)A registered bookmaker or bookmaker's key employee may, not earlier than 9 months before the expiration of the current registration, apply to the Commission for a new registration, in which case—
(a)the current registration continues in force, unless sooner cancelled or surrendered, until the new registration is granted or refused; and
(b)if granted, the new registration must be taken to have been granted on the day on which the current registration was due to expire and must be dated accordingly.
(2)An application under subsection (1) must be made in the form approved by the Commission and must be accompanied by the prescribed fee (if any).
(3)This Act (except sections 4.5A.2 and 4.5A.3) applies to and in relation to—
(a)an application under this section for a new registration; and
(b)the determination of such an application; and
(c)any registration issued as a result of such an application—
as if the application has been made by a person other than a registered bookmaker or bookmaker's key employee.
(4)If a requirement made by this section is not complied with, the Commission may refuse to consider the application.
4.5A.14Disciplinary action against registered bookmaker or bookmaker's key employee
(1)In this section—
disciplinary action, against a registered bookmaker or bookmaker's key employee, means any of the following—
(a)the cancellation or suspension of the registration;
(b)the variation of the conditions of the registration;
(c)the issuing of a letter of censure;
(d)in the case of a registered bookmaker the imposition of a fine not exceeding an amount that is 50 000 times the value of a penalty unit fixed by the Treasurer under section 5(3) of the Monetary Units Act 2004;
grounds for disciplinary action, in relation to registered bookmaker or bookmaker's key employee, means any of the following—
(a)that the registration was improperly obtained in that, at the time it was granted, there were grounds for refusing it;
(b)that the registration holder failed to provide information that the holder is required by this Act or the Racing Act 1958 to provide or has provided information knowing it to be false or misleading;
(c)that the registration holder has contravened this Act or the Racing Act 1958 or a condition of the registration;
(d)that—
(i)the registration holder; or
(ii)if the registration holder is a corporation, an executive officer or nominee of the corporation—
has been found guilty of a relevant offence;
(e)that the registration holder has become an insolvent under administration or, if the registration holder is a corporation, an externally administered body corporate;
(f)that the registration holder is, for any other reason, not a suitable person to be registered as a bookmaker or bookmaker's key employee;
relevant offence means—
(a)an offence against the Racing Act 1958 and regulations under that Act, or a gaming Act or gaming regulations;
(b)an offence (in Victoria or elsewhere) involving fraud or dishonesty;
(c)an indictable offence, or an offence that, if committed in Victoria, would be an indictable offence.
(2)The Commission may serve on the registered bookmaker or bookmaker's key employee a notice in writing giving the holder of the registration an opportunity to show cause within 28 days why disciplinary action should not be taken on grounds for disciplinary action specified in the notice.
(3)The registration holder, within the period allowed by the notice, may arrange with the Commission for the making of submissions to the Commission as to why disciplinary action should not be taken and the Commission must consider any submissions made.
(4)The Commission may then take disciplinary action against the registration holder as the Commission sees fit and does so by giving written notice of the disciplinary action to the registration holder.
(5)If the disciplinary action is the cancellation, suspension or variation of the terms of the registration, it takes effect when the notice under subsection (4) is given or at a later time specified in the notice.
(6)If the disciplinary action is the imposition of a fine, the fine may be recovered as a debt due to the State.
4.5A.15Review by VCAT of registrations as a bookmaker or bookmaker's key employee
A person whose interests are affected may apply to the Victorian Civil and Administrative Tribunal for review of—
(a)a decision to refuse an application for registration as a bookmaker or bookmaker's key employee;
(b)a decision to refuse an application for approval of registered bookmakers to be in partnership;
(c)a decision to suspend an approval of registered bookmakers to be in partnership;
(d)a decision to impose, vary or revoke a condition of an approval of registered bookmakers to be in partnership;
(e)a decision to refuse an application for approval of a nominee of a registered bookmaker;
(f)a decision to impose or amend a condition of a registration as a bookmaker or bookmaker's key employee;
(g)a decision to refuse to renew a registration as a bookmaker or bookmaker's key employee;
(h)a decision to take disciplinary action against a registered bookmaker or bookmaker's key employee.
4.5A.16Time limit for applying for review
An application for review must be made within 28 days after the later of—
(a)the day on which the decision is made; or
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given.
4.5A.17Change in situation of person or associate
(1)This section applies to—
(a)a registered bookmaker;
(b)an associate of a registered bookmaker;
(c)a nominee approved under section 4.5A.8.
(2)Whenever a change of a kind specified by the Commission in writing given to a person to whom this section applies takes place in the situation existing in relation to that person, the person must notify the Commission in writing of the change within 14 days after it takes place.
Penalty:60 penalty units.
(3)A function of the Commission under this section may be performed by any commissioner.".
24Offences relating to totalisators and approved betting competitions
(1)In section 4.7.2(2) of the Gambling Regulation Act 2003, for "bookmaker's clerk" substitute "bookmaker's key employee".
(2)In section 4.7.2(2) of the Gambling Regulation Act 2003, for "the Racing Act 1958" substitute "Part 5A of this Chapter".
25Meaning of interactive game
In section 7.1.3(2)(b) of the Gambling Regulation Act 2003, for "an approved bookmaker" substitute "a registered bookmaker".
26Functions of Commission
After section 10.1.4(2)(f) of the Gambling Regulation Act 2003 insert—
"(faa)registering and regulating bookmakers and bookmaker's key employees;".
27Amendment to Part 1 of Chapter 10
After section 10.1.26(2)(a) of the Gambling Regulation Act 2003 insert—
"(b)section 4.5A.5;".
28Amendments to Part 4 of Chapter 10
In the Gambling Regulation Act 2003—
(a)after section 10.4.1(b) insert—
"(ba)an application for registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4;";
(b)after section 10.4.1(c)(iii) insert—
"(iiiaa)as a nominee of a registered bookmaker that is a corporation under section 4.5A.2;";
(c)in section 10.4.2(2)(b)(vii), for "8.5A.10." substitute "8.5A.10;";
(d)after section 10.4.2(2)(b)(vii) insert—
"(viii)registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4.";
(e)in section 10.4.3(3)(b)(iv), for "8.5A.10." substitute "8.5A.10;";
(f)after section 10.4.3(3)(b)(iv) insert—
"(v)registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4.";
(g)in section 10.4.4(3)(b)(iv), for "8.5A.10." substitute "8.5A.10;";
(h)after section 10.4.4(3)(b)(iv) insert—
"(v)registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4.";
(i)in section 10.4.5(3)(b)(vii), for "8.5A.10." substitute "8.5A.10;";
(j)after section 10.4.5(3)(b)(vii) insert—
"(viii)registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4.";
(k)in section 10.4.7(1), after "licence)," insert "for registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4,".
(l)in section 10.4.8, in the definition of gambling authorisation, for "or permit" substitute ", permit or registration as a bookmaker or bookmaker's key employee under Part 5A of Chapter 4".
29Consequential amendments to Part 7 of Chapter 10
(1)In section 10.7.1(1) of the Gambling Regulation Act 2003—
(a)the definition of bookmaker's clerk is repealed; and
(b)in the definition of gamble, in paragraph (g), for "bookmaker's clerk" substitute "registered bookmaker's key employee".
(2)In section 10.7.3(4) of the Gambling Regulation Act 2003, for "bookmaker's clerk" substitute "registered bookmaker's key employee".
(3)In section 10.7.4(4) of the Gambling Regulation Act 2003, for "bookmaker's clerk" substitute "registered bookmaker's key employee".
30New Part 20 inserted
After Part 19 of Schedule 7 to the Gambling Regulation Act 2003 insert—
"Part 20—racing and gambling legislation amendment act 2008
20.1Definition
In this Part—
amending Act means the Racing and Gambling Legislation Amendment Act 2008.
20.2Registration of bookmakers
A person who, immediately before the commencement of section 23 of the amending Act, held a certificate of registration as a bookmaker under section 86 of the Racing Act 1958 is taken, on and after that commencement, to be a bookmaker registered under Part 5A of Chapter 4 for the remaining term of his or her registration, subject to this Act.
20.3Approval of bookmakers to be in partnerships
An approval under section 86B of the Racing Act 1958 that was in force immediately before the commencement of section 23 of the amending Act is taken, on and after that commencement, to be an approval under section 4.5A.10 for the remaining term of the approval, subject to this Act.
20.4Approval of companies to act as bookmakers
(1)A corporation that, immediately before the commencement of section 23 of the amending Act, had approval to act as a bookmaker under section 86C of the Racing Act 1958 is taken, on and after that commencement, to be a bookmaker registered under Part 5A of Chapter 4 for the remaining term of the approval, subject to this Act.
(2)A corporation referred to in subclause (1) must nominate an individual aged 18 years or more for approval under section 4.5A.8 to be the nominee of the corporation.
(3)A nomination under subclause (2) must be made within 60 days (or the longer period allowed by the Commission) after the commencement of section 23 of the amending Act.
20.5Registration of bookmaker's clerks
A person who, immediately before the commencement of section 23 of the amending Act, held a certificate of registration as a bookmaker's clerk under section 87 of the Racing Act 1958 is taken, on and after that commencement, to be a bookmaker's key employee registered under Part 5A of Chapter 4 for the remaining term of his or her registration, subject to this Act.
20.6Applications made but not determined
(1)An application by a person for registration under section 86 of the Racing Act 1958 that was made but not determined before the commencement of section 23 of the amending Act must be determined by the Commission on or after that commencement as if it were an application under section 4.5A.2 of this Act by the person for registration as a registered bookmaker.
(2)An application by a bookmaker for approval under section 86B of the Racing Act 1958 that was made but not determined before the commencement of section 23 of the amending Act must be determined by the Commission on or after that commencement as if it were an application by a registered bookmaker under section 4.5A.9 of this Act.
(3)An application by a company for approval under section 86C of the Racing Act 1958 that was made but not determined before the commencement of section 23 of the amending Act must be determined by the Commission on or after that commencement as if it were an application under section 4.5A.2 of this Act by the company for registration as a registered bookmaker.
(4)An application by a person for registration under section 87 of the Racing Act 1958 that was made but not determined before the commencement of section 23 of the amending Act must be determined by the Commission on or after that commencement as if it were an application under section 4.5A.3 of this Act for registration as a bookmaker's key employee.
20.7Disciplinary action by the Commission
(1)Disciplinary action may be taken by the Commission under Part 5A of Chapter 4 after the commencement of section 23 of the amending Act whether the conduct giving rise to that action occurred before, on or after that commencement.
(2)In taking disciplinary action under Part 5A of Chapter 4 in relation to conduct occurring before the commencement of section 23 of the amending Act, the Commission may have regard to anything done by the Bookmakers and Bookmakers' Clerks Registration Committee in relation to that conduct before that commencement.
20.8Guarantee of bookmakers against defaults in payment of wagers
(1)A bond in force under section 94A(1) of the Racing Act 1958 immediately before the commencement of section 17 of the amending Act remains in force on and after that commencement, as if, instead of being given in favour of the Bookmakers and Bookmakers' Clerks Registration Committee, it had been given in favour of the Commission.
(2)An Order in force under section 94A(2B) of the Racing Act 1958 immediately before the commencement of section 17 of the amending Act remains in force on and after that commencement, as if it were an Order made under section 94A(2B) of the Racing Act 1958 as substituted by that section 17.".
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Part 4—Instruments Act 1958
31Certain instruments deemed to have been given for an illegal consideration
For the proviso to section 14 of the Instruments Act 1958 substitute—
"Provided that this section does not apply to any bill, note, cheque or mortgage where the whole or part of the consideration is for money won by betting by or with a bookmaker in accordance with section 4 of the Racing Act 1958.".
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Part 5—Repeal of amending Act
32Repeal of Act
This Act is repealed on 1 January 2011.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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EndnoteS
Minister's second reading speech—
Legislative Assembly: 9 October 2008
Legislative Council: 30 October 2008
The long title for the Bill for this Act was "A Bill for an Act to amend the Racing Act 1958, the Gambling Regulation Act 2003 and the Instruments Act 1958 with respect to bookmakers and for other purposes."
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