Totalizator Act 1997

This Act is the Totalizator Act 1997.

This Act commences on a day or days to be appointed by proclamation.

Different days may be appointed for the repeal of different provisions of any Act repealed by this Act.

The objects of this Act are—

to make provision for the proper conduct of totalizator betting in the public interest and to minimise any harm associated with such betting.

(Repealed)

This Act applies, unless otherwise expressly provided, to and in respect of the conduct of totalizators, whether on or off a racecourse.

In this Act—

agent means a person who under a contract or other arrangement with a licensee conducts a totalizator as the agent of the licensee or exercises as the agent of the licensee any functions in connection with the conduct of a totalizator.

approved betting activity means a betting activity that is approved under section 13 (Licensee can be approved to conduct other betting activities) to be conducted by a licensee.

authorised betting auditorium has the same meaning as in the Betting and Racing Act 1998.

close associate has the meaning given in section 22.

conduct a totalizator includes promote, manage and operate the totalizator.

contractor means a person who under a contract or other arrangement with a licensee performs any service in connection with the conduct of a totalizator (whether or not the service is performed for fee, gain or reward) and includes an employee of the licensee and an agent of the licensee.

controlling bodies is defined in section 6A.

exercise a function includes perform a duty.

function includes a power, authority or duty.

horse race includes a harness race.

inspector means a person appointed under section 92 as an inspector.

key employee means a person, or a person belonging to a class of persons, prescribed by the regulations to be a key employee in relation to the conduct of a totalizator, other than a person, or a person belonging to a class of persons, who the Minister identifies, in accordance with the regulations, is not a key employee.

licence means a licence in force under this Act.

licensee means the holder of a licence.

major racing bodies is defined in section 6B.

nominated company has the same meaning as in section 37A of the Totalizator Agency Board Privatisation Act 1997.

off-course totalizator means a totalizator that is not an on-course totalizator.

on-course totalizator means a totalizator the bets on which can be placed only by persons on a racecourse.

process, in relation to a bet, means any one or more of the following—

register the bet,

calculate the dividend or other return (if any) payable on the bet,

carry out an activity for the purpose of calculating the dividend or other return (if any) payable on the bet,

if the bet is a winning bet—pay out on the bet,

generate and maintain records in relation to the bet,

otherwise deal with the bet.

race meeting means a meeting for the purpose of horse racing, harness racing or greyhound racing.

racecourse means—

land in New South Wales that is licensed as a racecourse under the Betting and Racing Act 1998, or

land outside New South Wales (including outside Australia) used for race meetings.

racing club means a club, association or other body of persons (whether incorporated or unincorporated) that is registered by a controlling body as a racing club.

related body corporate, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth.

rules in relation to a totalizator means the rules relating to the conduct of the totalizator in force under Part 4.

subsidiary, in relation to a body corporate, means a body corporate that is a subsidiary of the first mentioned body corporate by virtue of Division 6 of Part 1.2 of the Corporations Act 2001 of the Commonwealth.

TAB means the Totalizator Agency Board constituted by the Totalizator (Off-course Betting) Act 1964, and includes the company known as TAB Limited established by the Totalizator Agency Board Privatisation Act 1997.

TAB Limited means the company of that name (ACN 081 765 308).

totalizator has the meaning given in section 6.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes in the text of this Act do not form part of this Act.

For the purposes of this Act, totalizator means—

a system used to enable persons to invest money on events or contingencies with a view to successfully predicting specified outcomes of those events or contingencies and to enable the money left after the deduction of commission to be divided and distributed among those persons who successfully predict those outcomes, and

any instrument, machine or device through or by which the system is operated.

Note.

Under this Act money can be invested on a totalizator for horse and greyhound races, and on other events approved by the Minister. References in this Act to a totalizator can include a reference to an approved betting activity under section 13. See that section.

For the purposes of this Act, the controlling bodies are Racing New South Wales, Harness Racing New South Wales and the Greyhound Racing New South Wales.

For the purposes of this Act, the racing clubs for which a controlling body is responsible are—

in the case of Racing New South Wales—racing clubs that promote, conduct or control horse racing, and

in the case of Harness Racing New South Wales—racing clubs that promote, conduct or control harness racing, and

in the case of the Greyhound Racing New South Wales—racing clubs that promote, conduct or control greyhound racing.

If a controlling body ceases to exist, its functions under this Act are conferred on its successor and its successor becomes a controlling body in its place (including for the purposes of the operation of this section).

The successor of a controlling body is the body nominated by the Minister by order published in the Gazette.

The Minister cannot nominate a body as successor of a controlling body except with the approval of both a majority of the racing clubs for which the controlling body is responsible and of the principal racing club or clubs (as the case may be) for which the controlling body is responsible.

If a successor of a controlling body cannot be nominated, there is no successor of that body for the purposes of this section.

For the purposes of this Act, the major racing bodies are the following bodies—

the merged racing club (within the meaning of the Australian Jockey and Sydney Turf Clubs Merger Act 2010),

(Repealed)

Provincial Association of New South Wales,

Country Racing Council Limited,

New South Wales Harness Racing Club Limited,

NSW Greyhound Breeders, Owners & Trainers Association Limited,

New South Wales National Coursing Association Limited.

If a major racing body ceases to exist, its functions under this Act are conferred on its successor and its successor becomes a major racing body in its place (including for the purposes of the operation of this section).

The successor of a major racing body is the body nominated by the Minister by order published in the Gazette.

The Minister cannot nominate a body as successor of a major racing body except with the approval of a majority of the racing clubs whose interests the major racing body represented or, where the major racing body did not represent the interests of any racing club, with the approval of a majority of the persons who were members of the major racing body immediately before it ceased to exist.

If a successor of a major racing body cannot be nominated, there is no successor of that body for the purposes of this section.

The conduct of a totalizator by a licensee is not unlawful, despite the provisions of the Unlawful Gambling Act 1998, the Public Lotteries Act 1996 or any other Act or law.

In particular, the Community Gaming Act 2018 does not apply to or in respect of any such conduct of a totalizator.

An agreement is not to be regarded as void or voidable, or otherwise unenforceable, merely because it relates to, or is made for the purposes of, betting on a totalizator conducted by a licensee.

Without limiting subsection (1), section 56 of the Unlawful Gambling Act 1998 does not apply to or in respect of betting on a totalizator conducted by a licensee.

A person, other than a licensee, who conducts a totalizator is guilty of an offence.

Maximum penalty—

for an individual—

50 penalty units for a first offence, or

100 penalty units or imprisonment for 6 months (or both) for a second or subsequent offence, or

for a corporation—

250 penalty units for a first offence, or

1,000 penalty units for a second or subsequent offence.

A licensee who conducts a totalizator is guilty of an offence if—

the licence does not authorise the conduct of that totalizator or totalizators of that kind, or

the totalizator is conducted in contravention of a requirement of or made under this Act, the regulations, the rules or the conditions of the licence.

Maximum penalty—

for an individual—

50 penalty units for a first offence, or

100 penalty units or imprisonment for 6 months (or both) for a second or subsequent offence, or

for a corporation—

250 penalty units for a first offence, or

1,000 penalty units for a second or subsequent offence.

The Minister may, by notice published in the Gazette, approve, for the purposes of this section, any person who is authorised under the law of another State or a Territory or another country to conduct a betting activity in that State, Territory or country (an approved person).

An approved person may, while the approval is in force—

with the written consent of a licensee, use the systems or technology of the licensee (including any totalizator of the licensee), or

arrange for the licensee, on behalf of the approved person,

to process in New South Wales bets placed (or to be placed) with the approved person in the conduct, by a method specified in the notice of approval, of a betting activity that the approved person is authorised to conduct in the State, Territory or country concerned.

For the purposes of this Act, the processing of bets by an approved person or a licensee in accordance with subsection (2) is taken not to constitute, or involve, the conduct of a totalizator or other betting activity in New South Wales.

An approval under this section may be revoked at any time by further notice published in the Gazette.

The revocation of an approval does not affect any bet in the course of being processed at the time of the revocation.

In this section, bet includes a bet placed (or to be placed) with an approved person otherwise than by way of a totalizator.