Wagering Amendment Rule (No. 1) 2002 (Qld)

Queensland Subordinate Legislation 2002 No. 274 Wagering Act 1998 WAGERING AMENDMENT RULE (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Rule amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Amendment of s 13 (Investment for a place—fixed odds) . . . . . . . . . . . . . . 3 4 Insertion of new s 13A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 13A Whether race is a 2 dividend or 3 dividend race—fixed odds . . . . . . 3 5 Insertion of new ss 15B and 15C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 15B Refund of investment—fixed odds—jockeys’ challenge . . . . . . . . . . 4 15C Refund of investment—fixed odds—multi-leg event . . . . . . . . . . . . 5 6 Amendment of s 16 (Refund of investment—fixed odds). . . . . . . . . . . . . . . 6 7 Insertion of new pt 4, div 1 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 8 Insertion of new div 2 hdg and s 23A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Division 2—Deposit accounts 23A Deposit account transactions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Amendment of s 24 (Investments only against funds in deposit accounts). . 7 10 Amendment of s 25 (Application to open deposit account) . . . . . . . . . . . . . 8 11 Replacement of s 26 (Deposit account). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 26 Registration as a restricted investor . . . . . . . . . . . . . . . . . . . . . . . . . . 8 26A Registration as an unrestricted investor . . . . . . . . . . . . . . . . . . . . . . . 8 26B End of registration as a restricted investor. . . . . . . . . . . . . . . . . . . . . 9 12 Insertion of new ss 28AA–28AD . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 28AA Limit on deposits by restricted investors . . . . . . . . . . . . . . . . . . . . . . 9

2 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 28AB Restricted investors may not make withdrawals or close accounts . . 9 28AC Withdrawals by unrestricted investors . . . . . . . . . . . . . . . . . . . . . . . . 9 28AD Licence operator may refuse to accept a deposit or investment . . . . 10 13 Amendment of s 28A (Closing deposit accounts). . . . . . . . . . . . . . . . . . . . . 10 14 Insertion of new s 28B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 28B Accounting for account balances for restricted investors . . . . . . . . . 11 15 Insertion of new pt 4, div 3 hdg. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 16 Amendment of s 102 (Whether race is a 2 dividend or 3 dividend race) . . . 11 17 Amendment of sch 2 (Dictionary). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

s1 3 s4 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 1 Short title This rule may be cited as the Wagering Amendment Rule (No. 1) 2002 . 2 Rule amended This rule amends the Wagering Rule 1999. 3 Amendment of s 13 (Investment for a place—fixed odds) Section 13— insert— ‘ (4) An each way option for a 2 dividend race is a winning investment if the runner selected in the race, under the option, places first or second. ‘ (5) An each way option for a 3 dividend race is a winning investment if the runner selected in the race, under the option, places first, second or third.’. 4 Insertion of new s 13A After section 13— insert— ‘13A Whether race is a 2 dividend or 3 dividend race—fixed odds ‘ (1) This section applies to an authority operator conducting fixed odds wagering. ‘ (2) A race is a 2 dividend race if— (a) there are 5, 6 or 7 runners in the race at the time the authority operator is notified, by the race club conducting the race, of scratchings for the race; and (b) at least 2 runners start in the race. ‘ (3) A race is a 3 dividend race if— (a) there are at least 8 runners in the race at the time the authority operator is notified, by the race club conducting the race, of scratchings for the race; and (b) at least 3 runners start in the race.

s5 4 s5 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 ‘ (4) If the number of runners in a race mentioned in subsection (3)(a) is reduced by late scratchings to 2 starters, the race is a 2 dividend race.’. 5 Insertion of new ss 15B and 15C After section 15A— insert— ‘15B Refund of investment—fixed odds—jockeys’ challenge ‘ (1) Subject to subsections (2) and (3), all fixed odds investments made on selections for a jockeys’ challenge are made on a play and pay basis. ‘ (2) If a licence operator accepts an investment on a selection for a jockeys’ challenge after a jockey that is part of the selection withdraws from the challenge, the licence operator must refund the investment in full. ‘ (3) Also, a licence operator must refund in full all investments received on selections for a jockeys’ challenge, if— (a) before the jockeys’ challenge starts, it is postponed for more than 7 days from the day it was due to start; or (b) the jockeys’ challenge is cancelled before it starts; or (c) at least 1 horse race in the jockeys’ challenge is cancelled before the race starts, and at the conclusion of the challenge— (i) the leading jockey does not hold an unassailable lead; or (ii) if there is more than 1 leading jockey—the leading jockeys do not hold an unassailable lead; or (d) the result of the jockeys’ challenge or a horse race in the challenge is not announced within 7 days after the conclusion of the challenge or race. ‘ (4) In this section— “jockeys’ challenge” means a contest— (a) consisting of a series of horse races involving a particular group of jockeys; and (b) the result for which is decided according to each jockey’s results in the races in the contest; and (c) for which a licence operator conducts fixed odds wagering.

s5 5 s5 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 “leading jockey” , for a jockey’s challenge, means a jockey with the highest score in the challenge. “unassailable lead” , for a leading jockey in a jockey’s challenge in which at least 1 horse race was cancelled before the race started, means a lead— (a) held by the leading jockey over a jockey with the second highest score in the challenge; and (b) that would have allowed the leading jockey to win the challenge if every race scheduled for the challenge had started, regardless of any result that another jockey might have achieved for any cancelled race. ‘15C Refund of investment—fixed odds—multi-leg event ‘ (1) Subject to subsections (2) and (3), all fixed odds investments made on selections for a multi-leg event are made on a play and pay basis. ‘ (2) If a licence operator accepts an investment on a selection for a multi-leg event after a competitor that is part of the selection withdraws from the event, the licence operator must refund the investment in full. ‘ (3) Also, a licence operator must refund in full all investments received on selections for a multi-leg event, if— (a) before the multi-leg event starts, the event is postponed for more than 7 days from the day it was due to start; or (b) before a leg of the multi-leg event starts, the leg is postponed for more than 7 days from the day the leg was due to start; or (c) the multi-leg event or a leg of the event is cancelled before the event or leg starts; or (d) the result of the multi-leg event or a leg of the event is not announced within 7 days after the conclusion of the event or leg. ‘ (4) In this section— “leg” , for a multi-leg event, means an event that is one of the events that make up the multi-leg event. “multi-leg event” means an event— (a) consisting of a series of events; and

s6 6 s8 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 (b) the result for which is decided on the results of the legs of the event; and (c) for which a licence operator conducts fixed odds wagering.’. 6 Amendment of s 16 (Refund of investment—fixed odds) (1) Section 16, heading, ‘ odds ’— omit, insert— ‘ odds—other than multi-leg event or jockeys’ challenge ’. (2) Section 16(3)— omit, insert— ‘ (3) A licence operator must refund in full all investments received on selections for an event, if— (a) the event is postponed, before it starts, for more than 7 days from the day the event was due to start; or (b) the event is cancelled before it starts; or (c) the result of the event is not announced within 7 days after the conclusion of the event.’. (3) Section 16— insert— ‘ (5) This section does not apply to a multi-leg event or jockeys’ challenge.’. 7 Insertion of new pt 4, div 1 hdg Before section 23— insert— ‘Division 1—Preliminary’. 8 Insertion of new div 2 hdg and s 23A After section 23— insert— ‘Division 2—Deposit accounts

s9 7 s9 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 ‘23A Deposit account transactions ‘ (1) A licence operator may credit the following to an investor’s deposit account— (a) an amount deposited by the investor; (b) a payout, dividend or refund; (c) an amount under a promotion conducted by the licence operator ( a “promotional credit” ); (d) another amount approved by the chief executive. Example for paragraph (d) — An amount arising from an error by an employee of the licence operator. ‘ (2) A licence operator may debit the following against an investor’s deposit account— (a) the amount of an investment made by the investor; (b) the amount of a fee or charge outlaid by the licence operator that is directly related to the operation of the investor’s deposit account; Example for paragraph (b) — A fee for a dishonoured cheque given to the licence operator for deposit to the account. (c) another amount allowed under this division.’. 9 Amendment of s 24 (Investments only against funds in deposit accounts) (1) Section 24(1)(a), ‘the licence’— omit, insert— ‘a licence’. (2) Section 24(2)— omit. (3) Section 24(3)— renumber as section 24(2).

s 10 8 s 11 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 10 Amendment of s 25 (Application to open deposit account) (1) Section 25(1)— omit, insert— ‘ (1) A person may apply to a licence operator to open a deposit account with the licence operator by giving the licence operator the information required for an account under the licence operator’s approved control system.’. (2) Section 25— insert— ‘ (3) Subject to sections 26 and 26A, the licence operator may register the person as a restricted or an unrestricted investor.’. 11 Replacement of s 26 (Deposit account) Section 26— omit, insert— ‘26 Registration as a restricted investor ‘ (1) A licence operator must not register a person as a restricted investor unless the licence operator— (a) carries out the registration in accordance with the licence operator’s approved control system; and (b) informs the person of the effect of sections 26A, 26B, 28AA, 28AB, 28AD(2) and 28B(1) and (2). ‘ (2) If the licence operator registers a person as a restricted investor, the licence operator must, as soon as practicable after registering the person, give the person a written notice stating the effect of sections 26A, 26B, 28AA, 28AB, 28AD(2) and 28B(1) and (2) . ‘26A Registration as an unrestricted investor ‘The licence operator must not register a person as an unrestricted investor, unless the licence operator— (a) carries out the registration in accordance with the licence operator’s approved control system; and

s 12 9 s 12 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 (b) in accordance with the licence operator’s approved control system, authenticates the person’s identity and verifies the person is at least 18. ‘26B End of registration as a restricted investor ‘ (1) A person who is registered as a restricted investor may subsequently be registered as an unrestricted investor. ‘ (2) If a restricted investor is subsequently registered as an unrestricted investor, the person’s registration as a restricted investor is cancelled. ‘ (3) If a person’s registration as a restricted investor is not sooner cancelled under subsection (2), the registration ends 90 days after the day the person was registered.’. 12 Insertion of new ss 28AA–28AD After section 28— insert— ‘28AA Limit on deposits by restricted investors ‘A licence operator must not allow a restricted investor to deposit to the investor’s deposit account more than the amount, not more than $1 000, stated in the licence operator’s approved control system for this section. ‘28AB Restricted investors may not make withdrawals or close accounts ‘A restricted investor may not make a withdrawal from or close the investor’s deposit account with a licence operator. ‘28AC Withdrawals by unrestricted investors ‘An unrestricted investor may only make the following withdrawals from the investor’s deposit account with a licence operator— (a) a withdrawal of the whole or part of a payout, dividend or refund credited by the licence operator to the account; (b) a withdrawal of funds deposited by the investor, if the withdrawal is authorised under the licence operator’s approved control system;

s 13 10 s 13 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 (c) a withdrawal of the balance of funds in the account, other than funds consisting of a promotional credit, to close the account. ‘28AD Licence operator may refuse to accept a deposit or investment ‘ (1) A licence operator may refuse to accept a deposit to, or an investment from, an investor’s deposit account if the licence operator reasonably believes the account is being, has been, or is about to be used in contravention of a law of a State or the Commonwealth. ‘ (2) Also, a licence operator may refuse to accept a deposit to, or an investment from, a restricted investor’s deposit account if the licence operator reasonably believes it will not be able, under section 26A(b), to authenticate the investor’s identity or verify the investor’s age.’. 13 Amendment of s 28A (Closing deposit accounts) (1) Section 28A, heading, ‘ deposit accounts ’— omit, insert— ‘ an unrestricted investor’s deposit account ’. (2) Section 28A(1) and (4), before ‘investor’s’ insert— ‘unrestricted’. (3) Section 28A(2)— omit, insert— ‘ (2) If a licence operator closes an unrestricted investor’s account, the licence operator— (a) may deduct the amount of a promotional credit standing to the credit of the investor’s account; and (b) must send the balance of funds in the account, after any deduction under paragraph (a), to the investor.’. (4) Section 28A(3), after ‘If’— insert— ‘, after any deduction under subsection (2)(a),’. (5) Section 28A—

s 14 11 s 16 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 insert— ‘ (5) This section does not apply to the extent the Financial Transaction Reports Act 1988 (Cwlth) applies.’. 14 Insertion of new s 28B After section 28A— insert— ‘28B Accounting for account balances for restricted investors ‘ (1) This section applies if— (a) a person’s registration as a restricted investor ends under section 26B(3); and (b) when the registration ends, an amount (the “account balance” ) is standing to the credit of a deposit account established by a licence operator in the name of the person. ‘ (2) The licence operator must pay the account balance to the chief executive. ‘ (3) If an amount of the account balance is not paid under subsection (2) by the licence operator, the State may recover the amount from the licence operator as a debt. ‘ (4) This section does not apply to the extent the Financial Transaction Reports Act 1988 (Cwlth) applies.’. 15 Insertion of new pt 4, div 3 hdg Before section 29— insert— ‘Division 3—Other provisions about investments by telephone, automated device or the internet ’. 16 Amendment of s 102 (Whether race is a 2 dividend or 3 dividend race) Section 102(3), ‘subsection (2)’—

s 17 12 s 17 Wagering Amendment Rule (No. 1) 2002 No. 274, 2002 omit, insert— ‘subsection (2)(a)’. 17 Amendment of sch 2 (Dictionary) (1) Schedule 2, definition “deposit account”— omit. (2) Schedule 2— insert — ‘ “deposit account” means an account in the name of an investor with a licence operator. “each way option” see section 13(1). “jockeys’ challenge” see section 15B(4). “multi-leg event” see section 15C(4). “promotional credit” see section 23A(1)(c). “restricted investor” means a person registered with a licence operator as a restricted investor under section 26(1). “unrestricted investor” means a person registered with a licence operator as an unrestricted investor under section 26A.’. ENDNOTES 1. Made by the Treasurer on 9 October 2002. 2. Notified in the gazette on 11 October 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Treasury Department. © State of Queensland 2002