Racing Regulation and Integrity Regulations 2024

Racing Regulation and Integrity Regulations 2024

18 November 2024

I, the Lieutenant-Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Racing Regulation and Integrity Act 2024.

These regulations may be cited as the Racing Regulation and Integrity Regulations 2024.

These regulations take effect on the day on which section 192 of the Racing Regulation and Integrity Act 2024 commences.

In these regulations – Act means the Racing Regulation and Integrity Act 2024; all-clear means a signal given after a race to indicate that the controlling stewards are satisfied that – the finishing order of the competitors is correct; and there are no protests; all-in, in relation to a bet, means that – the bet stands whether or not the competitor backed by the bettor starts in the relevant race; and no refund is payable in respect of the bet; all-up bet means a bet that – is in respect of a series of 2 or more races being held during the same race meeting; and provides for the bettor's winnings, if any, from one race in the series to be automatically reinvested on the next race in the series, and so on, until the series is exhausted; betting supervisor means a person appointed as a betting supervisor under section 68(1)(b) of the Act; commission means the monthly commission that a registered bookmaker is required to pay to Tasracing under section 164 of the Act; controlling official, for an event, means the person or body that is empowered, under the rules governing the event, to do either or both of the following:determine or declare the official result of the event; adjudicate protests in respect of the event; controlling stewards, for a race, means the stewards having control of the race meeting, during which the race is held, at the time at which the race is held; correct weight means a declaration given after a race indicating that the controlling stewards for the race are satisfied that the competitors carried their allocated weight during the race; event means – an approved sports event; or a segment of an approved sports event; face value, of a betting ticket, means the total sum of money that is payable to the bettor (including the stake) if the bettor wins the bet for which the betting ticket is issued; fielding, in relation to a race, race meeting, racecourse or event, means engaging in bookmaking on the racecourse in respect of that race, race meeting, racecourse or event; fixed-price bet means a bet at a price that is fixed when the bet is made;GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; made, in relation to a bet, means the placement of the bet by a bettor and the acceptance of the bet by a bookmaker; multiple bet means a bet that requires the bettor to back the winner of more than 2 races; odds on means rated at odds of less than 1:1 to win; place bet means – a bet on the contingency that a competitor backed by the bettor will be placed in a particular race; or a bet on the contingency that competitors backed by the bettor will be placed in particular races; placed, in relation to a competitor in a race, means – if 8 or more competitors were entered in the race, that the competitor came first, second or third; or if 5 or more (but fewer than 8) competitors were entered in the race, that the competitor came first or second; points start means the handicap given on a bet that aims to predict the result of an event, taking into account that handicap; protest means any protest against, objection to or dispute about the result of a race, being a protest, objection or dispute that complies with the Rules of Racing; race means a horse race or greyhound race; relevant betting ticket, for a bet, means the betting ticket issued for the bet; relevant event, for a sports bet, means the event in respect of which the bet is made; relevant race, for a bet, means the race in respect of which the bet is made; scratch means to withdraw a competitor from a race before it starts; segment means something that – is generally recognised as forming a discrete part or phase of an event; and is capable of being the subject of sports betting in its own right – whether (according to the terminology traditionally used for the event) it is referred to as a heat, hole, innings, leg, match, race, round, rubber, set, stage or as something else; special race means – a Group race, as defined in the relevant Rules of Racing; or a race that Tasracing, by notice published in the Gazette on or before the day on which the race is scheduled to be held, declares to be a special race; sports bet means a bet on a contingency relating to an event; sports bookmaking means bookmaking in respect of events; stake means the money outlaid by a bettor when placing a bet, whether the bet is paid for when it is placed or afterwards; starting price, for a race, means the final price offered on the competitors by a majority of the bookmakers fielding on the race when it starts (as determined by the betting supervisor) or, if no bookmakers are fielding on the race, the final totalizator price on those competitors; tie, for a win or place in an event, means (according to the terminology traditionally used for events of that kind) a tie, draw, dead heat or even, equal or level placing for the win or that place; tie-breaker, for an event, means (according to the terminology traditionally used for events of that kind) the extra-time, play-off, replay, shoot-out or other process that is used to determine a result if at the end of normal time there is a tie; walk-over means a race in which only one competitor starts.

A notice referred to in paragraph (b) of the definition of special race in subregulation (1) is not a statutory rule.

In this regulation – guarantor, in relation to a registration bond, means the person who, on applying for registration as a bookmaker or for an on-course telephone betting endorsement, an off-course telephone betting endorsement or an off-course function betting endorsement, gave Tasracing the registration bond; registration bond means a bond of indemnity or other form of security given under sections 135 or 151 of the Act; security amount means the amount of the cash, money on fixed deposit, bond, guarantee, government security or other kind of security comprising a registration bond; surety means a person who goes surety for a guarantor in respect of a registration bond.

The following provisions apply to a registration bond:the registration bond continues in force for – in the case of a registration bond given under section 135 of the Act, the whole period of the guarantor's registration as a bookmaker and the 6-month period immediately following that period of registration; and in the case of a registration bond given under section 151 of the Act, the whole period during which the guarantor's on-course telephone betting endorsement, off-course telephone betting endorsement or off-course function betting endorsement is in force and the 6-month period immediately following the expiration, cancellation or surrender of that endorsement;Tasracing may enforce the registration bond if Tasracing is of the opinion that the guarantor has defaulted in the payment of one or more of the following while the bond is in force:any commission or other money payable by the guarantor to Tasracing in observance of, or compliance with, the provisions of the Act; any money payable by the guarantor in observance of, or compliance with, the provisions of the Act; a bet payable by that guarantor; if Tasracing decides to enforce the registration bond, the security amount – is recoverable notwithstanding that it relates to betting; and is not to be taken for any purpose to be a penalty but is to be taken to be liquidated damages; and is accordingly recoverable in full as a debt due to the Crown unless every condition on which the registration bond is defeasible is shown to have been performed.

From the sum of the security amount recovered, received or collected under a registration bond, Tasracing is to – deduct the costs incurred by or on behalf of Tasracing in effecting that recovery, receipt or collection; and apply the balance – firstly, in paying any commission or other money that is payable to Tasracing by the guarantor in observance of, or compliance with, the provisions of the Act; and secondly, in paying to bettors the amounts that are, in the opinion of Tasracing, due to them in respect of bets placed with the guarantor.

If the balance referred to in subregulation (3)(b) is sufficient to meet all of the payments required to be made under subregulation (3)(b)(i) and (ii), the amount remaining, if any, after all those payments have been made is to be paid to the guarantor or surety from whom the sum was recovered, received or collected.

If the amount available for the purposes of subregulation (3)(b)(ii) is insufficient to meet all of the payments required to be made to bettors under that subregulation, Tasracing may make a pro rata distribution among those bettors of the remaining amount available.

Two or more persons may apply to Tasracing for permission to carry on business as bookmakers in partnership if each applicant is either a registered bookmaker or has applied to be registered as a bookmaker.

The application under subregulation (1) – is to be in a form approved by Tasracing; and must be supported by such evidence or information as Tasracing requires.

Tasracing may – approve the application; or refuse to approve the application.

If the application is approved, Tasracing is to give the applicants notice of – the approval; and the requirements specified in subregulation (6).

If the application is refused, Tasracing is to give the applicants notice of the refusal, with reasons, and the applicants' right of appeal.

Persons whose application under subregulation (1) is approved must not commence business in partnership – until they have lodged a deed of partnership with Tasracing and had that deed approved by Tasracing; and if not all of the applicants were registered bookmakers when the application was lodged, until all of them are registered bookmakers. Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

If 2 or more persons have been approved to carry on business as bookmakers in partnership under this regulation but Tasracing suspends or cancels the bookmaker registration of one or more of those persons, the partnership is, for the purposes of the Act, taken to have been dissolved forthwith.

A person whose bookmaking partnership is taken to have been dissolved under subregulation (7) because of a suspension of bookmaker registration may nevertheless submit a fresh application under subregulation (1) once the period of suspension expires, if they are otherwise eligible to do so.

If –

a record that a registered bookmaker is required to keep under the Act is lost or destroyed; and the record is needed to calculate the amount of any commission due to be paid by the registered bookmaker –

the amount of that commission is to be determined by Tasracing after Tasracing has made such inquiry on such relevant information as is available.

If either of the parties to a bet dies, the bet stands but is subject to such provisions of these regulations as would have applied to the bet had the death not occurred.

A person whose registration as a bookmaker is suspended or cancelled must, within the 7-day period immediately following the day on which the cancellation or suspension takes effect, pay, in accordance with the directions, if any, given to the person by Tasracing for the purpose, all of the outstanding betting debts incurred by or on behalf of the person as a bookmaker.

Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

A bookmaker who accepts a bet in person must – settle the bet in accordance with these regulations; and comply with the conditions that, under these regulations, apply to the bet. Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

A bookmaker's agent who accepts a bet on behalf of their principal must – settle the bet in accordance with these regulations; and comply with the conditions that, under these regulations, apply to the bet. Fine not exceeding 25 penalty units and, in the case of a continuing offence, a further fine not exceeding 2.5 penalty units for each day during which the offence continues.

If a bookmaker's agent commits an offence under these regulations, the agent’s principal – is taken to have also committed the offence; and may be charged with and convicted of the offence unless the principal proves that – the bookmaker's agent committed the offence without the principal's knowledge or consent; or the principal used all due diligence to prevent the bookmaker's agent from committing the offence.

Subregulation (3) has effect whether or not the bookmaker's agent is charged with or convicted of the offence.

A person who places a bet with a bookmaker must not, by means of any threat or inducement, try to persuade the bookmaker to –

settle the bet otherwise than in accordance with these regulations; or contravene the conditions that, under these regulations, apply to the bet.

Fine not exceeding 25 penalty units.

A bookmaker is not entitled to –

refuse to settle a bet on the grounds that the bookmaker failed to comply with a provision of these regulations in accepting the bet; or cancel a bet on the grounds that the bookmaker failed to comply with a provision of these regulations in accepting or settling the bet.