Totalizator Regulation 2022

This Regulation is the Totalizator Regulation 2022.

This Regulation commences on 1 September 2022.

Note—

This Regulation replaces the Totalizator Regulation 2012, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

In this Regulation—

Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade comprising the group of staff who are principally involved in administering the Act.

Secretary means the Secretary of the Department of Enterprise, Investment and Trade.

the Act means the Totalizator Act 1997.

Note—

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

For the Act, section 80(4), the prescribed advisory statement is—

Help is close at hand

www.gambleaware.nsw.gov.au

1800 858 858

For the Act, sections 117(4) and 117A(1) and (2)(c), a licensee must—

ensure copies of a problem gambling information brochure are available in each part of the premises in which the licensee conducts totalizator betting, and

position the copies in a way that it is reasonable to expect a person in that part of the premises would be alerted to the copies, and

in response to a request for a copy of a foreign language problem gambling information brochure—give a copy of the brochure to the person, in the language requested, as soon as possible after receiving the request.

Maximum penalty—50 penalty units.

In this section—

foreign language problem gambling information brochure means a brochure in a language other than English containing the telephone number for GambleAware—

approved by the Secretary, and

published on the Liquor & Gaming NSW website.

GambleAware means the counselling and support service funded by the Responsible Gambling Fund.

problem gambling information brochure means a brochure containing the telephone number for GambleAware—

approved by the Secretary, and

published on the Liquor & Gaming NSW website.

Responsible Gambling Fund means the Fund established under the Casino Control Act 1992, section 115.

For the Act, sections 117(4) and 117A(1) and (2)(c), a licensee must—

display a copy of the counselling notice in each part of the premises in which the licensee conducts totalizator betting, and

position a copy of the counselling notice in a way that it is reasonable to expect a person in that part of the premises would be alerted to the contents of the notice, and

display a copy of the gambling help notice on each automatic teller machine (ATM) and electronic funds transfer (EFT) facility in the premises in which the licensee conducts totalizator betting.

Maximum penalty—50 penalty units.

A gambling help notice displayed on an ATM or EFT facility may consist of a permanently visible light emitting display.

In this section—

counselling notice means a notice approved by the Secretary—

containing a statement about problem gambling help options, and

published on the Liquor & Gaming NSW website.

gambling help notice means a notice approved by the Secretary—

containing a statement about problem gambling help options for the purposes of ATMs and EFT facilities, and

published on the Liquor & Gaming NSW website.

For the Act, section 117A(1) and (2)(d), a licensee must ensure that each entry form, however described, and betting ticket issued by or on behalf of the licensee in a totalizator includes the following information—

Help is close at hand

www.gambleaware.nsw.gov.au

1800 858 858

Maximum penalty—50 penalty units.

For the Act, section 5(1), definition of key employee, the following persons are prescribed—

a person, whether or not appointed under a contract of service, who—

manages or supervises the conduct of a totalizator by or on behalf of a licensee, or

is authorised to make decisions about the licensee’s operations in relation to the totalizator conducted by or on behalf of the licensee,

a person, whether or not appointed under a contract of service, whose duties in relation to the conduct of a totalizator by or on behalf of a licensee include—

taking bets, or

calculating, determining or declaring dividends, or

undertaking financial or accounting tasks, including dealing with money invested on the totalizator, or

designing, constructing, creating, operating, repairing or maintaining a device, equipment or software used in, or that otherwise affects, the conduct of the totalizator, or

providing security.

The Minister may, by written notice given to a licensee, identify a person, or a person belonging to a class of persons, as a person who is not a key employee.

For the Act, section 31(7), a relevant body’s relevant interest in shares of a licensee must be disregarded for the purpose of deciding whether the body has a prohibited shareholding interest in the licensee if—

for an authorised trustee corporation—

the shares are held by—

the corporation in the corporation’s capacity as trustee of a trust, undertaking or scheme, or

a custodian on behalf of the corporation in the corporation’s capacity as trustee of a trust, undertaking or scheme, and

the trust, undertaking or scheme is governed by an approved deed, and

the authorised trustee corporation or custodian, if any, or a related body corporate of the corporation or custodian, does not decide the way in which voting rights attached to the shares are exercised, or

for a registered scheme—

the shares are held on trust by the responsible entity for the scheme, and

the responsible entity or related body corporate of the scheme does not decide the way in which voting rights attached to the shares are exercised.

In this section—

approved deed means a deed that is an approved deed for the purposes of the Corporations Law, Part 7.12, Division 5, as it continues to apply under the Corporations Law, section 1454, and the Corporations Act, section 1408.

authorised trustee corporation has the meaning it had in the Corporations Law immediately before the commencement of the Managed Investments Act 1998 of the Commonwealth.

Corporations Act means the Corporations Act 2001 of the Commonwealth.

registered scheme has the same meaning as in the Corporations Act.

related body corporatehas the same meaning as in the Corporations Act.

relevant body means—

an authorised trustee corporation, or

the responsible entity for a registered scheme, or

a related body corporate of the corporation or scheme.

responsible entity, of a registered scheme, has the same meaning as in the Corporations Act.

For the Act, section 59, the following are prescribed—

a change specified in Schedule 1,

particulars in relation to the change specified in the corresponding entry in Schedule 1.

For the Act, section 70(1), the following percentages are prescribed—

for Racing New South Wales—77.3%,

for Harness Racing New South Wales—12.7%,

for Greyhound Racing New South Wales—10%.

For the Act, section 103A(1), the following offences are prescribed—

offences under the Act, sections 80(1), (4) and (5), 80B, 81(1), 82(1) and 84(3),

offences under this Regulation, sections 5(1) and 6(1)(a) and (b).