Totalizator Act 1997

The Minister may by instrument in writing approve of the holder of a licence conducting a betting activity (otherwise than by means of a totalizator) on a particular event or contingency or class of events or contingencies, subject to such conditions as the Minister determines.

A betting activity may be approved under this section in respect of any of the following events and contingencies—

events and contingencies scheduled to be held at a race meeting on any racecourse within or outside Australia (being horse racing, harness racing or greyhound racing events or contingencies),

any declared betting event (within the meaning of the Betting and Racing Act 1998),

computer simulated horse racing, harness racing or greyhound racing events.

The Minister must not under this section approve of a licensee conducting a betting activity that, in the opinion of the Minister, is offensive or contrary to the public interest.

The Minister is entitled to require payment of a charge of such amount as the Minister, with the concurrence of the Treasurer, considers appropriate for the grant of an approval under this section and the approval is of no force or effect while any charge payable is unpaid. A charge payable under this section can be set as a specified amount, an amount calculated in a specified manner, or a specified “base” amount plus an amount calculated in a specified manner.

Notice of an approval under this section must be published in the Gazette as soon as practicable after the approval is given but a failure to publish the notice does not affect the validity of the approval. An approval remains in force for the period specified in the approval or (if no period is specified) until it is withdrawn.

The approval of a betting activity may be given subject to conditions. The conditions become conditions of the licensee’s licence and may be substituted, varied, revoked or added to accordingly.

When an approval is in force under this section for the conduct by a licensee of a betting activity—

the licensee’s licence is taken to authorise the conduct of the approved betting activity, and

a reference in this Act to a totalizator includes (in respect of the licensee concerned) a reference to the approved betting activity, except in Part 6 (Financial provisions) and except as the regulations may otherwise provide.

The Minister may, for any reasonable cause stated in writing by the Minister, withdraw an approval given under this section. The Minister cannot withdraw an approval until the Minister has given the licensee a reasonable opportunity to be heard or to make submissions on the matter.