Race and Sports Bookmaking Act 2001

This section applies if the commission receives an application for a race bookmaking licence.

The commission may issue the licence to the applicant if—

the applicant—

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 applicant to the commission or the Territory under this Act or another gaming law; and

if the commission has determined a minimum amount for security guarantees for race bookmaking licences under section 90 (Security guarantee—determination of minimum amount)—

has given an undertaking acceptable to the commission to provide a security guarantee on issue of the licence; and

has demonstrated, to the commission’s satisfaction, the ability to provide a security guarantee on issue of the licence; and

Note Security guarantee, for a race bookmaking licence—see s 4B.

the commission believes on reasonable grounds that the applicant is likely to be able to pay bets.

In deciding whether an applicant is likely to be able to pay bets, the commission may consider any business or financial matters about the applicant that the commission considers appropriate.

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

each matter about which the commission is not satisfied; and

the applicant’s rights under subsection (5).

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

The applicant 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 applicant is given the notice or any longer period allowed by the commission (the representation period).

After giving the notice under subsection (4), the commission must—

take into account—

any representations made by the applicant 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 bookmaking licence to the applicant; or

if the commission is not satisfied about each matter stated in the notice—refuse to issue the race bookmaking licence to the applicant.

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 (6) (b) (ii), the commission may issue a race bookmaking licence to the applicant if satisfied that—

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

it is otherwise in the public interest for the licence to be issued.