Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker’s Agent) Determination 2022

Overview

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker’s Agent) Determination 2022 was enacted to address a specific gap in the implementation of the automatic mutual recognition (AMR) scheme within the Australian Capital Territory (ACT). Enacted under section 42J(4) of the Mutual Recognition Act 1992 by the Special Minister of State for the ACT, the Determination requires individuals intending to engage in the occupation of race bookmaker’s agents in the ACT to notify the local registration authority, the ACT Gambling and Racing Commission, before commencing activities under automatic deemed registration. This requirement aims to ensure that interstate workers are aware of and comply with ACT legislative requirements, thereby safeguarding consumers and facilitating targeted compliance and enforcement measures. The Determination is set to commence on 1 July 2022 and will be repealed on the first 1 April or 1 October following the tenth anniversary of its registration. The ACT Government consulted with the ACT Gambling and Racing Commission to determine the appropriateness of the notification requirement, ensuring it aligns with the government's obligations and provides necessary consumer protection.

Scope and Application

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker’s Agent) Determination 2022 applies to individuals intending to carry on the activity of race bookmaker's agents in the Australian Capital Territory under the registration covering that activity in their home state. This Determination is a legislative instrument made under section 42J(4) of the Mutual Recognition Act 1992 of the Commonwealth and commences on 1 July 2022, coinciding with the full operation of the Automatic Mutual Recognition scheme in the Territory. The purpose of this Determination is to require such individuals to notify the local registration authority, specifically the ACT Gambling and Racing Commission, before they begin to rely on automatic deemed registration for their activities. This notification requirement ensures that the government can protect consumers and undertake targeted compliance and enforcement activities to minimise risks. The Determination will be repealed on the first 1 April or 1 October after its tenth anniversary of registration.

Key Provisions

The Automatic Mutual Recognition (Australian Capital Territory) (Notification Requirement—Race Bookmaker’s Agent) Determination 2022 (the Determination) is a legislative instrument under the Mutual Recognition Act 1992 (MR Act) that mandates a notification requirement for individuals intending to carry on the occupation of a race bookmaker's agent in the Australian Capital Territory (ACT) using Automatic Deemed Registration (ADR). The Determination, which came into effect on 1 July 2022, applies to the occupation of race bookmaker’s agent as defined under the Race and Sports Bookmaking Act 2001. Section 6 of the Determination specifies that any individual who wishes to carry on this occupation in the ACT must notify the ACT Gambling and Racing Commission, the local registration authority, before they commence the activity (s 6). Failure to provide this notification will prevent the individual from relying on ADR to conduct the activity. Under this Determination, individuals intending to operate as race bookmaker’s agents in the ACT must fulfill the notification requirement before engaging in any activities covered by their registration in another jurisdiction. This obligation is detailed in section 6 of the Determination, which mandates that the individual must provide the necessary notification to the ACT Gambling and Racing Commission prior to commencing the activity (s 6). The notification must include specific details as outlined by the Commission, ensuring that the individual is aware of the local legislative requirements and compliance obligations. The Determination imposes significant obligations on individuals seeking to operate as race bookmaker’s agents in the ACT. They must ensure timely and accurate notification to the ACT Gambling and Racing Commission before beginning any activities under their registration from another jurisdiction. This requirement is designed to protect consumers and ensure that those operating in the ACT comply with local regulations. The Determination stipulates that without the required notification, the individual cannot rely on ADR to carry out the occupation in the ACT (s 6). The Commission is responsible for providing guidance on the notification process and the information that must be included in the notification. Breach of the notification requirement stipulated in the Determination may lead to legal consequences. While the Determination does not explicitly outline specific penalties for non-compliance, individuals who fail to notify the ACT Gambling and Racing Commission before commencing activities may be prevented from relying on ADR. This could result in their activities being deemed illegal or non-compliant with local regulations, potentially leading to enforcement actions or penalties as prescribed under the Race and Sports Bookmaking Act 2001 or other relevant legislation. Additionally, the failure to comply with notification requirements could also attract administrative penalties under the Legislation Act 2003, although the exact penalties are not detailed in the Determination itself.