Authorised Betting Operations Act 2000

At all times during the term of the comprehensive licence the licensee must have in force an agreement (the racing distribution agreement) with the racing industry about terms and conditions on which the licensee may conduct betting operations on races held by licensed racing clubs.

Without limiting the matters that may be included in the agreement, the agreement must include provisions relating to—

the arrangement of racing programs and the provision of racing information to the licensee; and

the payments to be made by the licensee to the racing industry.

The agreement is to be entered into with a prospective licensee before the licence is granted or with the licensee before renewal of the licence.

The agreement may be varied by a later agreement between the parties.

It is a condition of the comprehensive licence that the licensee must perform its obligations under the agreement.

Each racing controlling authority and its related licensed racing clubs are taken to be parties to a contract under seal under which each of the licensed racing clubs agrees to comply with any directions given by the controlling authority for the purposes of enabling the racing industry to perform its obligations and exercise its rights under the agreement.

Each racing controlling authority must give directions to its related licensed racing clubs as required for the purposes of enabling the racing industry to perform its obligations and exercise its rights under the agreement.

The following is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia:

entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the acquisition by the licensee or another person specified in the agreement of racing information from a person other than the person specified in the agreement as the supplier of the information;

entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the supply by a person specified in the agreement of racing information to a person other than the licensee or another person specified in the agreement;

entering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the supply by the licensee or a person specified in the agreement of racing information received in accordance with the agreement to another person;

entering into, giving effect to, or enforcing the agreement in so far as such conduct lessens competition in relation to the conduct of on-course totalisator betting operations;

entering into, giving effect to, or enforcing provisions of the agreement prescribed by regulation.

In this section—

complying with an obligation or exercising a right or power under the agreement or provisions; and

giving or complying with a direction referred to in subsection (6) or (7);

the racing controlling authorities; or

a body for the time being nominated to the Minister by the racing controlling authorities as a body representative of the racing controlling authorities;

is related to the racing controlling authority through its membership of the authority, or its membership of a body that is a member of the authority; or

is registered by the racing controlling authority.