Racing and Gaming (Totalizator Agency Board) Amendment Rules 2001

Racing and Gaming (Totalizator Agency Board) Amendment Rules 2001

TOTE Tasmania makes the following rules under the Racing Regulation Act 1952 .

1.   Short title

These rules may be cited as the Racing and Gaming (Totalizator Agency Board) Amendment Rules 2001 .

2.   Commencement

These rules take effect on the day on which their making is notified in the Gazette.

3.   Principal Rules

In these rules, the Racing and Gaming (Totalizator Agency Board) Rules 1983 are referred to as the Principal Rules.

4.   Rule 1 amended (Short title)

Rule 1 of the Principal Rules is amended by omitting "and Gaming (Totalizator Agency Board)" and substituting "Regulation (TOTE Tasmania)".

5.    Rule 3 amended (Interpretation)

Rule 3 of the Principal Rules is amended as follows:

(a) by omitting " Racing and Gaming Act 1952 " from the definition of Act and substituting " Racing Regulation Act 1952 ";

(b) by inserting the following definitions after the definition of class of bet :

credit card has the same meaning as in section 57L of the Act;

deposit account means an account for the purposes of betting which is opened by TOTE Tasmania in respect of a person in accordance with rule 15 ;

deposit account bet means a bet where –

(a) the depositor makes the bet against money standing to the credit of his or her deposit account by post, telephone or, if available, other electronic means, or in person; and

(b) the selection information in respect of the bet is provided to the office by the depositor or is generated at the office, at the depositor's request, using a computer;

depositor means a person in respect of whom TOTE Tasmania has opened a deposit account;

6.    Rule 13 amended (Payment of dividends and refunds in respect of cash bets)

Rule 13 of the Principal Rules is amended as follows:

(a) by omitting from subrule (4)(a)(iii) "the Board that he" and substituting "TOTE Tasmania that he or she";

(b) by omitting paragraph (b) from subrule (8) and substituting the following paragraph:

(b) the dispute has been resolved by TOTE Tasmania.

(c) by omitting from subrule (9) "the Tasmanian Racing and Gaming Commission under this clause" and substituting "TOTE Tasmania under subrule (8)(b) ";

(d) by omitting from subrule (10)(c) "clause" and substituting "rule".

7.    Rule 14 rescinded

Rule 14 of the Principal Rules is rescinded.

8.    Rule 15 amended (Procedure for opening and maintaining a deposit account)

Rule 15 of the Principal Rules is amended as follows:

(a) by omitting subparagraph (i) from subrule (2)(b) ;

(b) by inserting the following subrule after subrule (5) :

(6)  If the deposit account details referred to in subrule (2A)(a) are lost or stolen –

(a) the depositor must notify TOTE Tasmania of the loss or theft immediately after becoming aware of it; and

(b) any use of the deposit account by another person before the loss or theft has been notified to TOTE Tasmania is taken to be use by the depositor.

9.    Rules 15A , 15B , 15C , 15D and 15E inserted

After rule 15 of the Principal Rules , the following rules are inserted in Division 2:

15A.   Authority to use credit card for deposit account

(1)  A person may apply to TOTE Tasmania for authority to use a credit card in respect of a deposit account.

(2)  An application is –

(a) to be made by the person who is the primary account holder in respect of the credit card; and

(b) to be in writing; and

(c) to be signed by the applicant; and

(d) to contain the following details:

(i) the applicant's name and address;

(ii) the details of the credit card to be used;

(iii) the details of any deposit account held by the applicant.

(3)  An application is made by lodging the original application signed by the applicant with TOTE Tasmania.

(4)  On receipt of an application, TOTE Tasmania may require the applicant to provide further information.

(5)  An application may be combined with an application to open a deposit account made under rule 15 and, if the use of the credit card is authorised under subrule (7) , the credit card may be used to pay the deposit to open that account.

(6)  If the credit card is used to pay the deposit to open the deposit account, the deposit is made when the account is credited with the deposit.

(7)  After receiving an application, TOTE Tasmania, subject to subrule (8) , must authorise the use of the credit card by the applicant in respect of the applicant's deposit account.

(8)  TOTE Tasmania may refuse to authorise the use of the credit card by the applicant in respect of the applicant's deposit account if –

(a) the applicant is authorised to use another credit card in respect of that account; or

(b) at any time, the applicant has contravened these rules; or

(c) at any time, the applicant has provided information to TOTE Tasmania that is false; or

(d) the applicant has held an account with TOTE Tasmania that has been closed because the applicant has used the account improperly.

(9)  If TOTE Tasmania refuses to authorise the use of the credit card by the applicant in respect of the applicant's deposit account, it must notify the applicant, in writing, of that refusal within 14 days.

15B.   Maintaining deposit account with credit card

(1)  In this rule,

credit card deposit means a deposit to maintain a deposit account by using a credit card.

(2)  A credit card deposit is to be made to TOTE Tasmania by means of the telephone and when making the deposit the depositor must state his or her name, deposit account number, code identifying the deposit account and credit card details.

(3)  Only one credit card deposit may be made on any one day.

(4)  A credit card deposit and a bet may not be made in the same telephone call.

(5)  A credit card deposit is made when the deposit account is credited with the deposit.

(6)  If a depositor attempts to make a credit card deposit and the credit available in respect of the credit card is insufficient to meet the amount of the attempted deposit, TOTE Tasmania must notify the depositor of the failure of the deposit.

15C.   Lost or stolen credit card

If the credit card a depositor is authorised by TOTE Tasmania to use in respect of his or her deposit account is lost or stolen –

(a) the depositor must notify TOTE Tasmania of the loss or theft immediately on becoming aware of the loss or theft; and

(b) any use of the credit card in respect of that deposit account by another person before the loss or theft of the credit card has been notified to TOTE Tasmania is taken to be use by the depositor.

15D.   Self-limit on use of credit card

(1)  By signed written notice lodged with TOTE Tasmania at the same time as a person so lodges an application under rule 15A or at any time after a depositor has been authorised by TOTE Tasmania to use a credit card, the person or depositor may set a limit on the amount he or she may deposit in his or her deposit account for the purposes of maintaining that account.

(2)  A limit set under subrule (1) is to be set by reference to a single deposit.

(3)  TOTE Tasmania must not accept a deposit from a person or depositor if accepting the deposit contravenes, or could result in a contravention of, a limit set under subrule (1) .

(4)  A person or depositor who has set a limit under subrule (1) may at any time amend or revoke the limit by signed written notice lodged with TOTE Tasmania.

(5)  A notice setting a limit under subrule (1) or amending such a limit by making it more strict takes effect when TOTE Tasmania receives it.

(6)  A notice revoking a limit set under subrule (1) or amending such a limit by making it less strict takes effect 7 days after the notice is received by TOTE Tasmania unless the notice is earlier withdrawn by the depositor by signed written notice lodged with TOTE Tasmania.

15E.   Cancellation of authority to use credit card

(1)  A depositor who has been authorised to use a credit card in respect of a deposit account may, by lodging a signed written notice with TOTE Tasmania, require TOTE Tasmania to cancel that authority.

(2)  On receipt of a requirement under subrule (1) , TOTE Tasmania must cancel the depositor's authority to use a credit card in respect of his or her deposit account.

(3)  TOTE Tasmania may cancel the authority of a depositor to use a credit card in respect of his or her deposit account if –

(a) the depositor contravenes these rules; or

(b) the depositor provides information to TOTE Tasmania that is false; or

(c) the depositor uses the authority improperly.

(4)  If under subrule (3) TOTE Tasmania cancels the authority of a depositor to use a credit card in respect of his or her deposit account, TOTE Tasmania must notify the depositor in writing of that cancellation.

10.    Rule 16 amended (Making deposit account bets)

Rule 16(3) of the Principal Rules is amended by omitting "makes" and substituting "attempts to make".

11.    Rule 20A inserted

After rule 20 of the Principal Rules , the following rule is inserted in Division 2:

20A.   Notification of certain matters

(1)  In this section,

prescribed person means –

(a) an applicant for a deposit account; and

(b) an applicant for an authority to use a credit card in respect of a deposit account; and

(c) a depositor.

(2)  A prescribed person who changes his or her address or telephone number must lodge signed written notice of that change of address or telephone number with TOTE Tasmania within 21 days after the change.

(3)  If the credit card of an applicant for an authority to use the credit card in respect of a deposit account or a person who has been granted such an authority is cancelled, that person must as soon as practicable lodge signed written notice of that cancellation with TOTE Tasmania.

12.    Rule 22 amended (Provisions relating to accounts, payment of dividends, &c., in respect of bets by post)

Rule 22 of the Principal Rules is amended as follows:

(a) by inserting in subrule (2)(b) "or her" after "his";

(b) by inserting in subrule (2)(b) "or her" after "him";

(c) by inserting in subrule (4) "or she" after "that he";

(d) by inserting in subrule (4) "or she" after "which he";

(e) by inserting in subrule (4) "or her" after "his".

13.    Rule 22C amended (Provisions applicable to systems betting)

Rule 22C(3) of the Principal Rules is amended by omitting "The Board's" and substituting "TOTE Tasmania's".

14.    Rule 23 substituted

Rule 23 of the Principal Rules is rescinded and the following rules are substituted:

23.   Provisions applicable to remittances in respect of bets

(1)  TOTE Tasmania may remit the amount of any dividend, refund or money from an account to a depositor or bettor by electronic means, if available, or through the post by means of a cheque, bank draft, bank transfer, bank note, postal note, money order or stamps.

(2)  A remittance made to a depositor or bettor through the post is to be addressed to the depositor or bettor at the address given by him or her to TOTE Tasmania in respect of the bet or account.

(3)  A remittance made through the post is taken to have been delivered to the depositor or bettor when the letter containing the remittance is posted.

(4)  TOTE Tasmania is not obliged to forward a statement of account with any remittance.

23A.   Payment to credit card on closure of deposit account

If, immediately before a depositor closes a deposit account, there is in that account an amount deposited by the use of the credit card of the depositor, on closing that account that amount may only be paid to the depositor by accrediting it to the credit card account of the depositor.

15.   Substitutions

Each of the provisions of the Principal Rules specified in Column 1 of Schedule 1 is amended by omitting the words or symbols specified in Column 2 of that Schedule and substituting the words or symbols specified in Column 3 of that Schedule .

SCHEDULE 1 - Substitutions

Rule 15

These rules were made by TOTE Tasmania at a meeting held on 4 June 2001.

The common seal of TOTE Tasmania was affixed on 10 October 2001, in the presence of –

T. E. Clarke

Director

B. J. Mason

Secretary

These rules were approved by me on 22 October 2001.

David Crean

For and on behalf of Minister for Racing and Gaming

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 24 October 2001

These rules are administered in the Department of Treasury and Finance.

EXPLANATORY NOTE

(This note is not part of the rule)

(a) making provision in respect of the use of credit cards to open and maintain deposit accounts; and

(b) making various amendments consequent on the enactment of the Racing and Gaming Amendment (Gaming Provisions Removal) Act 2001 and the TOTE Tasmania (Transitional and Consequential Provisions) Act 2000 .