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Name of regulation

This regulation is the Racing Regulation 2010.

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Dictionary

The dictionary at the end of this regulation is part of this regulation.

Note 1 The dictionary at the end of this regulation defines certain terms used in this regulation.

Note 2 A definition in the dictionary applies to the entire regulation unless the definition, or another provision of the regulation, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

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Notes

A note included in this regulation is explanatory and is not part of this regulation.

Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

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Prescribed information for application for, or renewal of, approval—Act, s 61J (2) (b) and s 61P (3) (b)

(1)

The following information is prescribed:

(a)

the name and contact details of the applicant;

(b)

details of the proposed use of race field information (including the race to which the approval is to relate and the time and manner of use);

(c)

details of the applicant’s licence or authority to conduct a wagering business—

(i)

under a law of the Territory, a State or an external territory; or

(ii)

issued by a controlling body, a corresponding body, or a racing authority of the Territory, a State or an external territory;

Note State includes the Northern Territory—see the Legislation Act, dict, pt 1.

(d)

details of the kinds of wagering offered by the applicant;

(e)

details of the applicant’s history of wagering operations and use of race field information (including details of the applicant’s past wagering turnover in relation to races conducted in the ACT);

(f)

details of the criminal history (if any) of—

(i)

if the applicant is an individual—the applicant, key employees and close associates of the applicant that are known to the applicant; or

(ii)

if the applicant is a corporation—key employees and close associates of the applicant that are known to the applicant;

(g)

details of any disciplinary action under any legislation, rules of racing or betting (whether in the ACT or elsewhere) or external greyhound racing legislation or rules that has been taken against—

(i)

if the applicant is an individual—the applicant, key employees and close associates of the applicant that are known to the applicant; or

(ii)

if the applicant is a corporation—key employees and close associates of the applicant that are known to the applicant;

(h)

details of the applicant’s policy and procedure for dealing with racing integrity issues relating to races conducted in the ACT.

Examples—racing integrity issues

suspect betting transactions, fraud

(2)

In this section:

key employee, in relation to an applicant for an approval, means a person (whether or not engaged under a contract of service) who is—

(a)

employed in a managerial or supervisory capacity in relation to the conduct of a wagering business by the applicant; or

(b)

authorised to make decisions, involving the exercise of the person’s discretion, that regulate the operations of the applicant in relation to the conduct of a wagering business; or

(c)

concerned or engaged, in any way, in the conduct of a wagering business by the applicant.

6 Prescribed matters to be considered or disregarded in deciding application for, or renewal of, approval—Act, s 61K (2) (b) and s 61Q (2) (b)

(1)

A relevant controlling body must consider whether issuing, or renewing, the approval will undermine the integrity of the conduct of races in the ACT for which the relevant controlling body has responsibility.

(2)

A relevant controlling body must disregard—

(a)

the location in Australia in which the applicant—

(i)

for an individual—lives or carries out the individual’s activities; or

(ii)

for a corporation—has its head office or principal place of business; and

(b)

the jurisdiction under which the applicant is licensed or authorised to conduct a wagering business.

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Suitable person—Act, s 61L (1) (f)

In deciding whether an applicant is a suitable person to hold an approval, the relevant controlling body must have regard to whether a prosecution or disciplinary action is proceeding under external greyhound racing legislation or rules against—

(a)

the applicant; or

(b)

an employee of the applicant; or

(c)

an entity with which the applicant has a business association.

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Prescribed conditions of approval or renewal—Act, s 61N (a)

(1)

The following conditions are prescribed:

(a)

the licensed wagering operator must give the relevant controlling body access to all the operator’s betting information and analyses in relation to the race field information covered by the approval;

(b)

the licensed wagering operator must, if reasonably required by the relevant controlling body, allow the body to monitor wagering activity, including activity relating to—

(i)

bets held on races conducted in the ACT; and

(ii)

bets paid; and

(iii)

bet backs; and

(iv)

any betting account that is used for betting on an authorised race meeting in the ACT;

(c)

the licensed wagering operator must use an operating and recording system, whether computerised or not, that—

(i)

includes measures to prevent unauthorised access and unauthorised changes to data; and

(ii)

provides an audit trail for all wagering activity that relates to authorised race meetings in the ACT;

(d)

the licensed wagering operator must not open an account for betting for a person unless the person has properly established their identity;

Example—properly establishing identity

providing 100 points of identification as commonly required by authorised deposit-taking institutions

(e)

the licensed wagering operator must not open or maintain an account for betting if the operator knows the account is for a person who—

(i)

is disqualified or suspended from participation in racing under racing, gaming or wagering legislation, a rule of racing or betting (in the ACT or elsewhere) or external greyhound racing legislation or rules; or

(ii)

is subject to a warning-off notice issued by a defined entity;

(f)

the licensed wagering operator must, within a reasonable time stated by the relevant controlling body—

(i)

give information to an inquiry or investigation; and

(ii)

cooperate with an inquiry or investigation;

(g)

if any part of a licensed wagering operator’s business involves online wagering—the operator must participate in an online wagering monitoring system if reasonably required to do so by the relevant controlling body;

(h)

the licensed wagering operator must notify the relevant controlling body of any of the following happening, within 14 days after the day it happens:

(i)

an entity stops having a controlling interest in the operator’s business;

(ii)

an entity starts having a controlling interest in the operator’s business;

(iii)

a prosecution or disciplinary action is started under racing, gaming or wagering legislation, a rule of racing or betting (in the ACT or elsewhere) or external greyhound racing legislation or rules against—

(A)

the operator; or

(B)

an entity with a controlling interest in the operator; or

(C)

an employee of the operator;

(iv)

a significant change in the financial circumstances of the operator.

Example—significant change in financial circumstances

1 insolvency

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a significant change in the wagering turnover

(2)

In this section:

warning-off notice means a notice stating that a person is not permitted to enter a racecourse.

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Tribunal members eligibility requirement—Act, sch 1, s 1.1 (4)

(1)

A person is not eligible to be a member of the tribunal if the person is registered with, or licensed by, an external greyhound racing body other than as the owner of a dog.

(2)

In this section:

external greyhound racing body means a body in another jurisdiction, within or outside Australia, that performs functions relating to the administration and control of greyhound racing.

Dictionary

(see s 3)

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

Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:

 entity

 external territory

 person

 State.

Note 3 Terms used in this regulation have the same meaning that they have in the Racing Act 1999 (see Legislation Act, s 148). For example, the following terms are defined in the Racing Act 1999, dict:

 betting exchange

 controlling body

 harness club

 racing club

 rules of harness racing

 rules of thoroughbred racing

 tribunal.

approval holder means a licensed wagering operator who has an approval to use race field information.

bet back means a bet by a bookmaker on 1 or more runners in a race if the bet is made to offset, completely or partly, the bookmaker’s liability for bets made with the bookmaker on the race.

bets held on races conducted in the ACT, by a licensed wagering operator—

(a)

means—

(i)

all bets and wagers accepted by the operator for any race conducted in the ACT whether or not the actual amount owing has been paid; and

(ii)

the aggregate of all bets or wagers placed by the operator’s customers on a betting exchange for any race conducted in the ACT; but

Note Aggregate bets on a betting exchange, is the backer’s side of wagers made by the licensed wagering operator’s customers through the operation of the betting exchange, whether or not the betting exchange is a party to the wagering contract.

(b)

does not include—

(i)

free or complimentary bets taken for a race conducted in the ACT; or

(ii)

multi-leg bets that include at least 1 race conducted outside the ACT.

bets paid, in relation to a licensed wagering operator—

(a)

means all bets and wagers paid or settled by the operator for any race conducted in the ACT; but

(b)

does not include—

(i)

payments made by the operator on any free or complimentary bets that were accepted; or

(ii)

payments made by the operator on multi-leg bets that include at least 1 race conducted outside the ACT; or

(iii)

unclaimed bets or dividends of the operator.

defined entity means any of the following:

(a)

Greyhounds Australasia Ltd (ACN 106 879 903);

(b)

Harness Racing Australia Incorporated;

(c)

Racing Australia Limited (ACN 105 994 330);

(d)

the harness club;

(e)

the racing club;

(f)

the tribunal;

(g)

another entity that controls, supervises or regulates racing in the ACT, a State or external territory.

external greyhound racing legislation or rules means—

(a)

legislation relating to greyhound racing in another jurisdiction, within or outside Australia; or

(b)

rules of racing or betting relating to greyhound racing in another jurisdiction, within or outside Australia.

rule of racing or betting includes a rule from the rules of—

(a)

harness racing; or

(b)

thoroughbred racing.

wagering turnover, of a licensed wagering operator, for a financial year means—

(a)

the total amount of bets held on races conducted in the ACT; less

(b)

the amount of any bet back on any race conducted in the ACT in the year.

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