Totalisator Act 2014

This Act is the Totalisator Act 2014.

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

Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere.

For example, the signpost definition ‘sports bookmaking event—see the Race and Sports Bookmaking Act 2001, dictionary.’ means that the term ‘sports bookmaking event’ is defined in that dictionary and the definition applies to this Act.

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

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

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

Other legislation applies in relation to offences against this Act.

Note 1 Criminal Code

The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1).

The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability).

Note 2 Penalty units

The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units.

In this Act:

totalisator means a totalisator system, and includes—

an on-course totalisator and an off-course totalisator; and

totalisator equipment.

totalisator equipment means any of the following in relation to a totalisator system:

an instrument;

computer hardware or software;

communication equipment;

any other equipment used in connection with the totalisator system.

totalisator system means a system used to enable people to bet money on events or contingencies with a view to successfully predicting stated outcomes of the events or contingencies and to enable money left after the deduction of commission to be divided and distributed among the people who successfully predict the outcomes.

Part 2 Licence to conduct totalisator

Division 2.1 Application for licence

A person may apply to the Minister for a licence to conduct a totalisator in the ACT for betting on any of the following happening in or outside the ACT:

a race;

a computer simulated racing event;

a sports bookmaking event.

The Minister may, in writing, require the applicant to give the Minister additional information or documents that the Minister reasonably needs to decide the application.

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

If the applicant does not comply with a requirement made of the applicant under subsection (1), the Minister may refuse to consider the application further.

This section applies if the information in an application changes before the application is decided.

The applicant must give the Minister written notice of the particulars of the change.

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

The Minister may refer an application to the commission for advice on anything in relation to the application that the Minister considers appropriate.

If the Minister refers an application to the commission for advice, the Minister must consider the commission’s advice when deciding whether to issue a licence.

Division 2.2 Licence

On application by a person under section 7, the Minister must—

issue a licence to the person; or

refuse to issue a licence to the person.

The Minister must not issue a licence to the person unless the person—

is a corporation; and

is an eligible person.

Only 1 licence may be in force under this Act at any time.

A licence is issued for the period stated in the licence.