Race and Sports Bookmaking Act 2001

Following an inquiry in relation to a licensee, the commission must cancel each licence held by the licensee if the commission is satisfied on reasonable grounds that at least 1 criterion that, under this section, applies to the licensee has been established in relation to the licensee.

Note 1 Despite this subsection, the commission has a discretion, in certain circumstances, to impose another penalty (see s (7)).

Note 2 Under pt 10 (Notification and review of decisions), a decision to cancel a licence may, on application, be reconsidered by the commission and reviewed by the ACAT.

If the licensee holds a race bookmaking licence, the following criteria apply to the licensee:

the licensee does not satisfy a requirement mentioned in section 10B (3) (a) (Race bookmaking licence—decision on renewal);

the commission does not hold the belief mentioned in section 10B (3) (b);

the licensee has committed a prohibited act.

If the licensee holds a race bookmaker’s agent licence, the following criteria apply to the licensee:

the race bookmaker’s agent does not satisfy a requirement mentioned in section 16B (3) (Race bookmaker’s agent licence—decision on renewal);

the race bookmaker’s agent has committed a prohibited act.

For subsection (2) and (3), a prohibited act is any of the following:

engaging in race bookmaking—

for a race bookmaker—contrary to section 73 (1) or (3) (Restrictions on race bookmakers and sports bookmakers); or

for a race bookmaker’s agent—contrary to section 73 (2) or (3);

accepting a bet by telephone contrary to section 75 (Telephone betting by race bookmaker or race bookmaker’s agent);

contravening, without reasonable excuse, the rules about telephone betting approved under section 76 (1) (Rules about telephone betting);

interfering, without reasonable excuse, with equipment prescribed under the regulations for section 75 (b), unless the licensee satisfies the commission that the licensee—

did not know, and had no reason to believe, that the equipment was prescribed equipment; or

acted under an authorisation under section 87 (Maintenance of prescribed equipment).

If the licensee holds a sports bookmaking licence, the following criteria apply to the licensee:

the corporation, any director of the corporation, or any influential shareholder of the corporation, does not meet the suitability requirements;

the corporation, or any director of the corporation, has engaged in a prohibited act;

the licensee has not paid a fee payable under this Act in relation to the licence within the period it is required to be paid.

Note For prohibited act for this subsection, see s (7).

If the licensee holds a sports bookmaker’s agent licence, the following criteria apply to the licensee:

the licensee does not meet the suitability requirements;

the licensee has not paid a fee payable under this Act in relation to the licence within the period it is required to be paid;

the licensee has committed a prohibited act.

For subsections (5) and (6), a prohibited act is any of the following:

engaging in sports bookmaking at a place other than a sports bookmaking venue;

contravening a direction given under section 22 (1) (Directions for operation of sports bookmaking venues) to the licensee;

contravening the rules for sports bookmaking.

Despite subsection (1), the commission may, instead of cancelling the licence, take other disciplinary action under section 69 (Discretionary penalties), if the commission considers that, in the circumstances (for example, the minor nature of the ground for cancellation)—

the public interest does not require cancellation of the licence; and

cancellation of the licence would be an excessively severe penalty.

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