Race and Sports Bookmaking Act 2001

This section applies if the commission receives an application for a race bookmaker’s agent licence for a nominated person.

The commission may issue the licence to the nominated person if the nominated person—

has not been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence—

involving fraud or dishonesty; or

against a law about gaming; and

has not been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year; and

has not been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year; and

does not owe an amount that has become payable by the nominated person to the commission or the Territory under this Act or another gaming law.

If the commission is not satisfied about a matter mentioned in subsection (2), the commission must give a written notice to the race bookmaker that states—

each matter about which the commission is not satisfied; and

the race bookmaker’s rights under subsection (4).

Note For how documents may be given, see the Legislation Act, pt 19.5.

The race bookmaker may make written representations, or oral representations personally or by an authorised representative, to the commission about a matter stated in the notice within the period of 14 days after the day the race bookmaker is given the notice or any longer period allowed by the commission (the representation period).

After giving the notice under subsection (3), the commission must—

take into account—

any representations made by the race bookmaker within the representation period; and

any other relevant information available to the commission; and

either—

if the commission is satisfied about each matter stated in the notice—issue a race bookmaker’s agent licence to the nominated person; or

if the commission is not satisfied about each matter stated in the notice—refuse to issue a race bookmaker’s agent licence to the nominated person.

Note Under pt 10 (Notification and review of decisions), a decision to refuse to issue a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.

However, despite subsection (5) (b) (ii), the commission may issue a race bookmaker’s agent licence to the nominated person if satisfied that—

the racing industry would not be adversely affected if the commission issued the licence; and

it is otherwise in the public interest that the commission issue the licence.