Race and Sports Bookmaking Act 2001

The Executive may make regulations for this Act.

The regulations may make provision for or in relation to—

the information that may be supplied by telephone by a race bookmaker engaging in race bookmaking; and

the keeping of records by race bookmakers and sports bookmakers; and

matters to be stated on licences.

The regulations may also prescribe offences for contraventions of the regulations and may also prescribe maximum penalties of not more than 10 penalty units for offences against the regulations or against the rules for sports bookmaking.

Schedule 1 Internally reviewable decisions

(see pt 10)

column 1 item column 2 section column 3 decision column 4 entity

1

7 (6) refuse to issue race bookmaking licence applicant for race bookmaking licence

2

8 (1) issue race bookmaking licence subject to condition applicant for race bookmaking licence

3

8 (2) change race bookmaking licence condition race bookmaker

4

10B (6) refuse to renew race bookmaking licence race bookmaker

5

13 (5) refuse to issue race bookmaker’s agent licence race bookmaker

6

14 (1) issue race bookmaker’s agent licence subject to condition race bookmaker

7

14 (2) change race bookmaker’s agent licence condition race bookmaker

8

16B (6) refuse to renew race bookmaker’s agent’s licence race bookmaker

9

23A refuse to issue sports bookmaking licence sports bookmaker

10

23A refuse to issue sports bookmaker’s agent’s licence sports bookmaker

11

26 (7) refuse to issue sports bookmaking licence applicant for sports bookmaking licence

12

27 (1) issue sports bookmaking licence subject to condition applicant for sports bookmaking licence

13

27 (2) change sports bookmaking licence condition sports bookmaker

14

30 issue sports bookmaking licence for shorter period than applied for applicant for sports bookmaking licence

15

35 (5) refuse to issue sports bookmaker’s agent licence sports bookmaker

16

36 (1) issue sports bookmaker’s agent licence subject to condition sports bookmaker

17

36 (2) change sports bookmaker’s agent licence condition sports bookmaker

18

41 (2) not to consider application for licence applicant for licence

19

41 (2) not to consider application for renewal of licence licensee

20

42 about costs of application applicant for licence

21

44 not to issue replacement licence licensee

22

45 (2) not to reissue licence licensee

23

49 (6) refuse to issue approval applicant for approval

24

49 (7) refuse authorisation approval holder

25

50 (1) issue approval subject to condition applicant for approval

26

50 (2) change approval condition approval holder

27

51 issue approval for shorter period than applied for applicant for approval

28

57 (3) not to accept referral out of time backer making referral

29

58 (3) reject referral backer making referral

30

60 (1) or 62 (1) give direction entity to whom direction given

31

68 (1) cancel licence entity whose licence cancelled

32

68 (8) or 69 (1) take disciplinary action licensee

33

72 (1) or (2) not to end licence suspension licensee

34

91 (2) amend, or not amend, nature or amount of security guarantee bookmaker whose security guarantee affected

Dictionary (see s 3)

Note 1 The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2 In particular, the Legislation Act, dict, pt 1, defines the following terms:

 ACAT

 contravene

 corporation

 fail

 found guilty

 gambling and racing commission

 individual

 person (see s 160)

 reviewable decision notice.

agent, for division 6.2 (Betting disputes referred to commission)—see section 56.

application, for a licence, includes an application for renewal of a licence.

authorised officer—see the Gambling and Racing Control Act 1999, dictionary.

bet means any stake, pledge or wager in money between 2 people on any event or contingency relating to—

a race; or

a sports bookmaking event.

bet back, in relation to a race bookmaker or sports bookmaker (the bookmaker), means a bet by the bookmaker on 1 or more runners in a race if the bet is made with the objective of offsetting completely or partly the bookmaker’s liability for bets made with the bookmaker on the runner, or runners, in the race.

betting dispute, for division 6.2 (Betting disputes referred to commission)—see section 56.

bookmaker, for division 6.2 (Betting disputes referred to commission)—see section 56.

chief executive officer means the chief executive officer of the gambling and racing commission.

code of practice means a code of practice prescribed under the regulations under the Gambling and Racing Control Act 1999.

commission means the gambling and racing commission.

corporation includes an entity that is, in relation to the corporation, a related body corporate (as defined in the Corporations Act, section 9).

corresponding law means a State law regulating bookmaking or any similar activity.

designated sports bookmaking venue means a sports bookmaking venue designated by the commission under section 47 (Designation of sports bookmaking venues etc).

gaming law means a law mentioned in the Gambling and Racing Control Act 1999, section 4.

influential shareholder, of a corporation, means a person who—

solely or with others, owns or has a beneficial interest in 5% or more of—

the voting shares in the corporation; or

if the corporation has more than 1 class of shares—the voting shares in at least 1 of the classes; or

can control or influence the way voting rights are exercised in relation to 5% or more of—

the voting shares in the corporation; or

if the corporation has more than 1 class of shares—the voting shares in at least 1 of the classes; or

solely or with others, owns or has a beneficial interest in voting shares (the owned shares) in the corporation and can control or influence the way voting rights are exercised in relation to other voting shares (the non-owned shares) in the corporation, if—

the total of the owned shares and the non-owned shares is 5% or more of the voting shares in the corporation; or

the total of the owned shares and the non-owned shares in a particular class of shares is 5% or more of the voting shares in the class.

internally reviewable decision, for part 10 (Notification and review of decisions)—see section 82.

internal reviewer, for part 10 (Notification and review of decisions)—see section 83.

internal review notice, for part 10 (Notification and review of decisions)—see the ACT Civil and Administrative Tribunal Act 2008, section 67B (1).

licence means any of the following licences:

a race bookmaking licence;

a race bookmaker’s agent licence;

a sports bookmaking licence;

a sports bookmaker’s agent licence.

nominated person—see section 93 (Meaning of nominated person).

operative day, for a change of the conditions of a licence, means the day after—

if written notice of the change is delivered to the licensee or to the last-known address of the licensee—the day when the notice is delivered; or

if written notice of the change is posted to the licensee at the last-known address of the licensee—the day when the notice would be delivered in the ordinary course of post.

proprietary company—see the Corporations Act, section 9.

race means—

any of the following, whether conducted within or outside the ACT:

a thoroughbred race;

a harness race; or

a greyhound race conducted outside the ACT; or

a race of a kind prescribed by regulation.

race bookmaker means a person who holds a race bookmaking licence.

race bookmaker’s agent means a person who holds a race bookmaker’s agent licence.

race bookmaking—

means the carrying on (whether regularly or on 1 or more occasions) of the business of receiving or negotiating bets on races; but

does not include conducting a totalisator.

race meeting means a meeting held to conduct races (even if other events are also held at the meeting).

racing club means a corporation that promotes or controls horse racing or dog racing, or that holds race meetings.

register means the register kept under section 89 (Commission to keep register).

reviewable decision, for part 10 (Notification and review of decisions)—see section 82.

rules for sports bookmaking means the rules determined under section 23 (Rules for sports bookmaking).

security guarantee—

for a person who applies for, or holds, a race bookmaking licence—see section 4B; or

for a corporation that applies for, or holds, a sports bookmaking licence—see section 92 (3); or

for a person who applies for an approval in relation to a designated sports bookmaking venue under section 49 (Issue or refusal of approval for sports bookmaking venue)—see section 92 (4).

sports bet means a bet on, or in relation to, a sports bookmaking event.

sports bookmaker means a corporation that holds a sports bookmaking licence.

sports bookmaker’s agent means a person who holds a sports bookmaker’s agent licence.

sports bookmaking—

means the carrying on (whether regularly or on 1 or more occasions) of the business of receiving or negotiating sports bets; but

does not include conducting a totalisator.

sports bookmaking event means a sporting or other event determined under section 20 (Determination of sports bookmaking events) to be a sports bookmaking event for this Act.

sports bookmaking venue means a place determined by the commission under section 21 (Determination of sports bookmaking venues).

suitability requirements—see section 92 (Meaning of suitability requirements and security guarantee).

voting share, for the definition of influential shareholder—see the Corporations Act, section 9.