Racing and Gaming Act 1952
An Act to provide for the constitution of a Racing and Gaming Commission and to prescribe its powers, functions, and duties; to provide for the regulation of horse-racing and coursing; to consolidate and amend the law relating to the use of the totalizator, betting by and with bookmakers, and lotteries, gaming, and wagering; and to provide for matters incidental thereto
[Royal Assent 19 December 1952]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) [Section 2 Subsection (1) amended by No. 1 of 1974, s. 2 ]This Act may be cited as the Racing and Gaming Act 1952 .(2) This Act shall commence on a date to be fixed by proclamation.
The Acts specified in Schedule I are repealed.
[Section 3 Amended by No. 71 of 1955, s. 2 ][Section 3 Amended by No. 42 of 1961, s. 2 ][Section 3 Amended by No. 55 of 1965, s. 5 ][Section 3 Amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 3 Amended by No. 1 of 1974, s. 3 ][Section 3 Amended by No. 110 of 1974, s. 2 ][Section 3 Amended by No. 40 of 1983, s. 4 ][Section 3 Amended by No. 83 of 1983, s. 4 ][Section 3 Amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 3 Amended by No. 123 of 1985, s. 17 ][Section 3 Amended by No. 31 of 1986, s. 3 ][Section 3 Amended by No. 39 of 1987, s. 4 ][Section 3 Amended by No. 42 of 1987, s. 4 ][Section 3 Amended by No. 32 of 1989, s. 4 ][Section 3 Amended by No. 22 of 1990, s. 15 and s. 17 ][Section 3 Amended by No. 37 of 1992, s. 4 ][Section 3 Amended by No. 53 of 1993, s. 4 ][Section 3 Amended by No. 94 of 1993, s. 177 ][Section 3 Amended by No. 99 of 1993, s. 4 ][Section 3 Amended by No. 32 of 1994, s. 4 ][Section 3 Amended by No. 70 of 1994, s. 4 ][Section 3 Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 3 Amended by No. 108 of 1995, s. 4 ][Section 3 Amended by No. 50 of 1996, s. 6 ][Section 3 Amended by No. 65 of 1996, s. 4 ]In this Act unless the contrary intention appears –approved event means an event approved by the Minister pursuant to a notice under section 63AA (1) ;[Section 3 Amended by No. 103 of 1999, s. 4, Applied:22 Dec 1999]area means any part of this State that is prescribed as an area for the purposes of this Act;[Section 3 Amended by No. 58 of 1997, s. 55, Applied:01 May 1998] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999]authorised police officer means –(a) a police officer of or above the rank of sergeant; or(b) a police officer below that rank who is authorised in writing by the Commissioner of Police, either generally or in a particular case, to exercise the powers conferred on authorised police officers by or under this Act;betting competition means a competition that involves betting on a contingency relating to any of the following:(a) an actual or simulated horse race, greyhound race or other race involving animals or teams or groups of animals;(b) an actual or simulated race between human or mechanical competitors or between teams or groups of human or mechanical competitors;(c) an actual or simulated sport, game, fight, exercise or pastime, whether involving individual competitors or participants or teams or groups of competitors or participants;betting-only meeting means a racing club meeting of the kind referred to in section 34A (2) ;betting premises means premises that are approved by the Commission pursuant to section 66 as a place in which betting may be carried on subject to Part V , or that are sublet to bookmakers by the Commission pursuant to section 67 ;bookmaker means a person who is registered as a bookmaker under Part V , and includes a person who is the holder of a provisional certificate of registration under section 59A ;[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] branch means any premises where totalizator betting is conducted by TOTE Tasmania or by an agent of TOTE Tasmania;broken money means the fractional parts of 5 cents that remain after the declaration of a dividend in accordance with the provisions of section 57M ;cease to race includes cease to conduct greyhound racing meetings;[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] chairperson, in respect of TOTE Tasmania, has the same meaning as in the Government Business Enterprises Act 1995 ;chief executive officer has the same meaning as in the Government Business Enterprises Act 1995 ;city area means the area within a radius of 12 kilometres from the general post office at Hobart, and the area within a radius of 12 kilometres from the principal post office at Launceston;club means a racing club and a greyhound racing club, and, in Part VI , includes a body of persons (whether a racing club or a greyhound racing club or not) having for its object, or one of its objects, the conduct of any sport, fight, game, exercise, or pastime;club committee means the committee or other governing body of a club;Commission means the Tasmanian Gaming Commission established under the Gaming Control Act 1993 ;[Section 3 Amended by No. 21 of 2000, s. 26, Applied:01 Jul 2000] Commissioner for State Revenue means the Commissioner for State Revenue appointed under section 6(1) of the Land and Income Taxation Act 1910 ;consolation double totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 2 animals on the chance that –[Section 3 Amended by No. 58 of 1997, s. 55, Applied:01 May 1998] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999](a) [Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] those animals will fill first places in 2 races selected by TOTE Tasmania; or(b) the first nominated animal will fill first place in the first of those 2 races and the second nominated animal will fill second place in the second of those races;[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] Council means the Tasmanian Thoroughbred Racing Council, the Tasmanian Harness Racing Council or the Tasmanian Greyhound Racing Council;[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] daily double totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 2 animals on the chance that those animals will fill first places in 2 races selected by TOTE Tasmania;[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] Director means the Director of Racing appointed under section 5(1) of the Racing Act 1983 ;existing club means a club that is specified in Schedule II ;[Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] fee unit means a fee unit within the meaning of the Fee Units Act 1997 ;forecast totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination (in a specified order) of a combination of 2 animals on the chance that those animals will fill first and second place (in the order specified) in the same race at a race meeting;functions includes duties;[Section 3 Amended by No. 21 of 2000, s. 26, Applied:01 Jul 2000] goods and services tax means the GST as defined in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth;greyhound racing means the running of greyhound dogs in competition against other greyhound dogs in pursuit of a moving object;harness racing means the racing of horses with a pacing or trotting gait;harness racing club means a club the principal object of which is to conduct meetings for harness racing;horse includes a pony;horse race includes a race for trotting-horses;horse-racing includes harness racing and the racing of galloping-horses;horse-racing club means a club the principal object of which is to conduct meetings for horse-racing;[Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] licensed operator means a person or body authorised to conduct operations on behalf of TOTE Tasmania;lottery means a scheme or device for the distribution of prizes by way of sale, gift, or otherwise where –and includes a sweepstake and a tipping competition but does not include such a scheme or device for the promotion of business in which the payment or other consideration is, in the opinion of the Commission, equivalent to the prevailing market price for the right to a benefit or thing the purchase of which is the consideration for the opportunity to participate in such a distribution;(a) the prizes consist of a right to a benefit or thing, whether the benefit or thing is real or personal; and(b) the distribution involves an element of chance for which a payment or other consideration is made or given –[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] member, in respect of TOTE Tasmania, means a director within the meaning of the Government Business Enterprises Act 1995 ;occupier, used in relation to a place, includes the owner, occupier, or keeper of the place, and any person using the place, and any person procured by, or employed on behalf of, the owner, occupier, keeper, or person using the place, and any person having the care, management, supervision, or control of the place, or in any manner conducting the business of the place;place includes any house, office, room, tent, ship, building, erection, structure, premises, or other place, and any land, whether public or private and whether enclosed or otherwise;place totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of an animal in respect of a race at a race meeting on the chance that the nominated animal will fill a place in that race;[Section 3 Amended by No. 103 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001][Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] prescribed employee of TOTE Tasmania means –(a) an employee of TOTE Tasmania; or(b) the chief executive officer of TOTE Tasmania; or(c) an agent or licensed operator of TOTE Tasmania;proprietary club means a club the takings, receipts, profits, or gains of which are divisible, directly or indirectly, among the individual members thereof or any of them, otherwise than as permitted by or under section 32 (4) ;public place means a public place as defined in the Police Offences Act 1935 , and includes a common gaming-house;[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] quadrella totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 4 animals on the chance that those animals will fill first places in 4 races selected by TOTE Tasmania;quinella totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 2 animals on the chance that those animals will fill first and second place (irrespective of order) in the same race at a race meeting;[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] RAB means the Tasmanian Racing Appeal Board established by section 25 of the Racing Act 1983 ;racecourse means land that is used for the purposes of conducting a race meeting or betting-only meeting and for admission to which a charge is made to the public;race meeting means a meeting for the racing of galloping-horses, harness racing horses or greyhounds;racing club means a horse-racing club or a greyhound racing club;racing year means the period beginning on the first day of August in any year and ending on 31st July in the following year;region means the northern region, north-western region or southern region;registered club means a club in respect of which a certificate of registration under Division IA of Part III has been granted and is in force;registered racecourse means a racecourse in respect of which a certificate of registration under Division II of Part III has been granted and is in force;[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999]the regulations means regulations made and in force under this Act;[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] rules means rules made by TOTE Tasmania as provided by section 57ZR ;[Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] shareholders means –(a) the Minister; and(b) the Treasurer or, if the Treasurer is also the Minister, one other Minister of the Crown determined by the Treasurer;simulated includes simulated by electronic or mechanical means;sporting contingency means a contingency relating to any horse race, or to any other race, or to any sport, fight, game, exercise, or pastime;[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] straight 6 totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 6 animals on the chance that those animals will fill first places in 6 races selected by TOTE Tasmania;superfecta totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 6 animals on the chance that those animals will fill first, second, third, fourth, fifth and sixth place (in the order specified) in the same race at a race meeting;sweepstake means any transaction, scheme, device, or arrangement, expressed or implied, by which any money or other valuable thing is paid, contributed, or subscribed by any persons for the purpose of payment to, or division among, any person or persons in any proportions on a sporting contingency, whether the race, sport, fight, game, exercise, or pastime on which that contingency is dependent is held or carried on within or outside Tasmania;[Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001][Section 3 Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] telephone betting endorsement means an endorsement on a bookmaker's certificate of registration, approved by the Director under section 67 , which authorises that bookmaker to conduct on-course telephone betting;[Section 3 Amended by No. 103 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999][Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] ticket includes any form of acknowledgment by TOTE Tasmania of a bet made with TOTE Tasmania;tipping competition means a competition involving the prediction of the outcome or occurrence of an event being a competition in which valuable consideration is given for the right to participate and a prize is distributed based on the accuracy of the predictions of the participants;to bet includes the action of a person who –whether for himself or on behalf of another person, and of a person who co-operates with another person in connection with the doing of any of those acts;(a) bets or wagers;(b) pays, receives, or settles a bet or wager; or(c) offers or agrees to bet or wager, or to pay, receive, or settle a bet or wager –to sell means to sell, whether by wholesale or retail, and includes to –(a) offer or expose for sale;(b) keep or have in possession for sale;(c) barter or exchange;(d) deal in or agree to sell;(e) send, forward, deliver, or receive for sale or on sale; and(f) authorise, direct, cause, attempt, or permit any act referred to in paragraph (a) , (b) , (c) , (d) , or (e) ;[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] totalizator means any instrument, machine, or contrivance for the distribution of money to holders of tickets or shares in a pool or an aggregation of contributions contingently on the result of a sporting contingency, and includes a device for the distribution of money in the like manner on any contingency and any premises where totalizator betting is conducted by TOTE Tasmania, or by an agent of TOTE Tasmania, or by a club;totalizator licence means a licence under Part IV to use a totalizator;[Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] TOTE Tasmania means the company of that name referred to in the TOTE Tasmania Act 2000 ;trifecta totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination (in a specified order) of a combination of 3 animals on the chance that those animals will fill first, second and third place (in the order specified) in the same race at a race meeting;trotting-horse includes a trotting-horse of the kind commonly known as a pacer;win totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of an animal in respect of a race at a race meeting on the chance that the nominated animal will be the winner of that race.
PART II - . . . . . . . .[Part II Repealed by No. 83 of 1983, s. 5 ][Section 4 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 5 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 6 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 7 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 8 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 9 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 10 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 11 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 12 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 12AA Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 12A Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 13 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 14 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 15 Repealed by No. 1 of 1974, s. 9 ]. . . . . . . . [Section 16 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 17 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 18 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . . [Section 19 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
PART III - Provisions Relating to the Regulation of Horse-Racing, Greyhound Racing, and Betting
Division I - [Part III, Div. I Heading substituted by No. 42 of 1961, s. 23 ][Part III, Div. I Heading amended by No. 83 of 1983, s. 6 ]Restrictions on race meetings and horse races
20. Prohibition on certain race meetings
[Section 20 Substituted by No. 42 of 1961, s. 3 ](1) [Section 20 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 20 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 20 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]Subject to this section, no person shall conduct, or cause or allow to be conducted, any race meeting that is not an authorised race meeting.Penalty: Fine not exceeding 20 penalty units.(2) [Section 20 Subsection (2) amended by No. 1 of 1974, s. 35 and Sched. 1 ][Section 20 Subsection (2) amended by No. 1 of 1988, s. 4 ]For the purposes of this section, a race meeting is an authorised race meeting if it is –(a) a race meeting conducted by, or under the supervision or control of, a registered club;(b) [Section 20 Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] a race meeting that is, in accordance with an authorisation given under section 24A , conducted by, or under the supervision or control of, a Council; or(c) a race meeting conducted in accordance with a permit granted under section 20B .(3) Nothing in this section prohibits the conducting of a horse race referred to in paragraph (b) , paragraph (c) , or paragraph (d) of section 20A (2) .
20A. Prohibition on certain horse races
[Section 20A Inserted by No. 42 of 1961, s. 3 ](1) [Section 20A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 20A Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 20A Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall conduct, or cause or allow to be conducted, an unauthorised horse race –(a) the viewing of which is open to the public (whether on the making of any payment or on any other condition or otherwise) or which persons are allowed to view on payment; or(b) in respect of which any payment is made or required in respect of the taking part of any person or horse in that race.Penalty: Fine not exceeding 20 penalty units.(2) [Section 20A Subsection (2) amended by No. 83 of 1983, s. 7 ]For the purposes of this section a horse race is an unauthorised horse race unless it is –(a) a horse race conducted at an authorised race meeting within the meaning of section 20 ;(b) a horse race conducted in accordance with a permit granted under section 20B ;(c) a point-to-point steeplechase conducted by a hunt club; or(d) [Section 20A Subsection (2) amended by No. 58 of 1997, s. 55, Applied:01 May 1998] a race for trotting-horses conducted, with the approval of the Tasmanian Harness Racing Council at an agricultural show.(3) In this section –agricultural show means a show or exhibition conducted by an agricultural show society a substantial part of which consists of an exhibition of livestock;agricultural show society means a society, association, or body of persons constituted for the purpose of, or for purposes which include, the conducting of exhibitions of livestock;hunt club means a club or other body of persons constituted wholly or mainly for the purpose of conducting, or providing facilities for persons to take part in, hunting on horseback.
20B. Permits for certain race meetings and horse races
[Section 20B Inserted by No. 42 of 1961, s. 3 ][Section 20B Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 20B Subsection (4) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 20B Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 20B Subsection (5) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 20B Subsection (5) amended by No. 53 of 1993, s. 12 and Sched. 1 ](1) [Section 20B Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 20B Subsection (1) amended by No. 83 of 1999, s. 33, Applied:01 Dec 1999] [Section 20B Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ]The Director may, if he or she thinks fit, grant to a person a permit authorising that person to conduct, for or on behalf of an association or body of persons (other than a club)–at such a place, and on such a day or at such a time, and subject to such conditions, specified in the permit, as the Director may determine.(a) a race meeting for galloping-horses or trotting-horses; or(b) a horse race–(2) [Section 20B Subsection (2) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 20B Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ]The Director shall not grant a permit under this section in respect of a race meeting or a horse race unless he or she is satisfied that–(a) the place at which the meeting or the race is to be held is suitable for use as a racecourse;(b) the buildings and structures at that place are suitable for use for the purposes for which they are to be, or may be, used at the meeting or the race;(c) there are no buildings and structures at that place that may endanger the safety of, or injure, any person taking part in, or attending, the meeting or the race;(d) there will be suitable and adequate sanitary conveniences at that place for persons attending the meeting or the race; and(e) adequate facilities will be available at the meeting or the race for the conveyance and treatment of, and the giving of aid to, persons injured while taking part in a horse race at the meeting or in the race.(3) References in subsection (2) (b) , (c) , and (d) to the race shall, in relation to a permit that authorises the holding of a horse race at a meeting at which any other sport, game, match, or contest takes place, be construed as references to that meeting.(4) [Section 20B Subsection (4) amended by No. 55 of 1965, s. 5 ]The person to whom a permit is granted under this section shall secure that the conditions specified in the permit are complied with.Penalty: Fine not exceeding 20 penalty units.(5) [Section 20B Subsection (5) amended by No. 55 of 1965, s. 5 ]No person shall knowingly contravene any condition specified in a permit granted under this section or knowingly cause or knowingly allow any person to contravene any such condition.Penalty: Fine not exceeding 20 penalty units.
Division IA - [Part III, Div IA Heading inserted by No. 42 of 1961, s. 23 ][Part III, Div IA Heading amended by No. 83 of 1983, s. 9 ]Registration of racing clubs and greyhound racing clubs
21. Conditions upon which clubs may be registered
(1) [Section 21 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 3 ][Section 21 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 21 Subsection (1) amended by No. 1 of 1974, s. 11 ][Section 21 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 21 Subsection (1) amended by No. 31 of 1986, s. 4 ][Section 21 Subsection (1) amended by No. 22 of 1990, s. 17 ]A club may be registered under this Division if –(a) [Section 21 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] it is proved to the satisfaction of the Director that–(i) the club is not a proprietary club;(ii) the club comprises not less than 100 members, if it is a club that proposes to conduct race meetings in a city area, or not less than 20 members, if it is a club that proposes to conduct race meetings elsewhere than in a city area;(iii) the members subscribe or will subscribe annually to the club not less than $200, in the case of a club that proposes to conduct race meetings in a city area, or $20, in the case of a club that proposes to conduct race meetings elsewhere than in a city area;(iv) . . . . . . . .(v) the club is the owner or lessee of, or will, within 12 months after the date of its application for registration, become the owner or lessee of, a racecourse, and that the racecourse complies with the conditions prescribed in section 26 (2) ;(va) . . . . . . . .(vi) the club will be able to conduct race meetings of a reasonable standard and without undue financial loss to the club; and(vii) . . . . . . . .(b) [Section 21 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] it is proved to the satisfaction of the Director that the club has complied with the provisions of sections 32 and 35 , or if an undertaking is given, on behalf of the club, to the satisfaction of the Director, that the club will, if registered, comply with those provisions.(1A) [Section 21 Subsection (1A) inserted by No. 36 of 1958, s. 4 and Sched. 3 ]The provisions of subsection (1) (a) (v) do not apply to the Sheffield Racing Club which may, subject to the consent of the person in possession of the Spreyton Racecourse, conduct races on that racecourse.(1B) [Section 21 Subsection (1B) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 21 Subsection (1B) inserted by No. 1 of 1974, s. 11 ][Section 21 Subsection (1B) amended by No. 83 of 1983, s. 8 and s. 31 and s. 32 and Sched. 1 and Sched. 2 ][Section 21 Subsection (1B) amended by No. 22 of 1990, s. 17 ]Before granting an application for registration under this section, the Director–(a) . . . . . . . .(b) may call for submissions from and consult with organizations and persons whose subsistence or livelihood is derived wholly or in part from or in any way connected with horse-racing or greyhound racing in this State.(2) [Section 21 Subsection (2) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 21 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 21 Subsection (2) amended by No. 22 of 1990, s. 17 ]The Director shall not register a club under this Division if he or she has reason to believe that the club is not acting in good faith or is, whether by payment of excessive salaries or other remuneration or otherwise, infringing or evading, or attempting to infringe or evade, any of the provisions of this Act.
22. Application for registration
(1) [Section 22 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 22 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 22 Subsection (1) amended by No. 22 of 1990, s. 17 ]An application for the registration of a club shall be made to the Director in the prescribed form, and, if the regulations so provide, the statements and information contained therein shall be verified by such statutory declarations as may be prescribed.(2) [Section 22 Subsection (2) amended by No. 83 of 1999, Sched. 3, Applied:01 Dec 1999] [Section 22 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 22 Subsection (2) amended by No. 22 of 1990, s. 17 ]On receipt of an application for the registration of a club, the Director may, in his or her absolute discretion–(a) grant the application and grant to the club applying for registration a certificate of registration;(b) refuse the application; or(c) provisionally register the club applying for registration and grant to it a provisional certificate of registration.(3) [Section 22 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 22 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 22 Subsection (3) amended by No. 22 of 1990, s. 17 ]A decision of the Director under this section shall be final and shall not be subject to appeal.
23. Form and effect of registration
(1) [Section 23 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 23 Subsection (1) amended by No. 22 of 1990, s. 17 ]A certificate of registration of a club –(a) shall be in the prescribed form;(b) shall, subject to this Division, continue in force from the date on which it is granted until the following 31st July; and(c) [Section 23 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] on application being made in that behalf, as prescribed, may, subject to subsection (2) but otherwise in the absolute discretion of the Director, be renewed annually, for a period terminating on 31st July following the date of renewal.(2) [Section 23 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 23 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 23 Subsection (2) amended by No. 22 of 1990, s. 17 ]The Director, in considering an application for the renewal of registration of a club, shall have regard to the question whether the provisions of subparagraphs (i) to (iv) of section 21 (1) (a) and of sections 32 and 35 have been complied with in respect of that club.(2A) [Section 23 Subsection (2A) inserted by No. 1 of 1974, s. 12 ][Section 23 Subsection (2A) omitted by No. 83 of 1999, s. 34, Applied:01 Dec 1999] . . . . . . . .(3) A provisional certificate of registration of a club shall be in the prescribed form and, subject to this Division –(a) shall continue in force from the date on which it is granted until such date as may be specified in that behalf in the certificate; and(b) shall be subject to such conditions as may be specified therein (including a condition that the certificate shall cease to have effect unless the club named therein is able to conduct race meetings within such period, not exceeding 12 months after the date on which the certificate is granted, as may be specified therein).(4) [Section 23 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 23 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 23 Subsection (4) amended by No. 22 of 1990, s. 17 ]Notwithstanding anything contained elsewhere in this Division, it shall not be necessary for an existing club to make an application for registration under this Division, and every existing club shall be deemed to have been so registered, and the Director shall, as soon as practicable after the commencement of this Act, grant to it a certificate of registration accordingly.(5) A certificate of registration granted pursuant to subsection (4) shall continue in force from the date on which it is granted until the following 31st July, but may be renewed annually as provided by subsection (1) (c) .
24. Suspension and cancellation of registration
(1) [Section 24 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 24 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]If it appears to the Director that a registered club, the secretary of a registered club or a member of a club committee of a registered club has contravened or failed to comply with–the Director may, in his or her absolute discretion, suspend the certificate of registration of the club for such period as it thinks fit, or may, subject to this section, cancel the certificate of registration.(a) any provisions of this Act that are applicable to the club or to the secretary or the club committee; or(b) [Section 24 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the requirements of any order, notice, or direction made or given by the Director under this Act–(2) [Section 24 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (2) amended by No. 22 of 1990, s. 17 ]The Director shall not cancel a certificate of registration of a club except after an inquiry held in accordance with this section.(3) [Section 24 Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 24 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 24 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where the Director proposes to hold an inquiry under this section, he or she shall cause to be served on the secretary of the club a notice, in writing, calling on him or some member of the club committee to appear on behalf of the club before the Director at the place and time (being not less than 14 days after the date of service of the notice) specified in that behalf in the notice to show cause why the certificate of registration of the club should not be cancelled on the grounds specified in the notice.(4) [Section 24 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (4) amended by No. 22 of 1990, s. 17 ]A person who appears before the Director on behalf of a club pursuant to a notice under subsection (3) shall be entitled to be represented by a legal practitioner or by an agent.(5) [Section 24 Subsection (5) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 24 Subsection (5) amended by No. 83 of 1999, s. 35, Applied:01 Dec 1999] [Section 24 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (5) amended by No. 22 of 1990, s. 17 ]If, on the holding of an inquiry under this section, the Director is satisfied that the grounds specified in the notice under subsection (3) have been sustained, he or she may, in his or her absolute discretion–but if the Director is not so satisfied he or she shall, if the certificate of registration was suspended before the holding of the inquiry, forthwith remove the suspension.(a) cancel the certificate of registration of the club; or(b) [Section 24 Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] suspend the certificate of registration of the club for such period as the Director may think fit, or, if the certificate of registration was suspended before the holding of the inquiry, order that the suspension thereof be continued for such further period as the Director may think fit–(6) [Section 24 Subsection (6) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (6) substituted by No. 71 of 1995, s. 3 and Sched. 1 ]For the purpose of holding an inquiry under this section, the Director has and may exercise the same powers as are conferred by Part 3 of the Commissions of Inquiry Act 1995 on Commissions established under section 4 of that Act in respect of inquiries under that Act.(7) Where the certificate of registration of a club is suspended pursuant to this section, that club shall, during the period during which the certificate of registration is so suspended, be deemed, for the purpose of this Act, not to be a registered club.(8) [Section 24 Subsection (8) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The suspension or cancellation of a certificate of registration of a club shall not affect any penalty that might be imposed on the secretary or any member of the club committee under any other provision of this Act.(9) [Section 24 Subsection (9) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (9) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (9) amended by No. 22 of 1990, s. 17 ]A decision of the Director under this section shall be final and shall not be subject to appeal.
24A. Conduct of race meetings by Council upon suspension or cancellation of registration
[Section 24A Inserted by No. 1 of 1988, s. 5 ](1) [Section 24A Subsection (1) amended by No. 83 of 1999, Sched. 8JT, Applied:01 Dec 1999] [Section 24A Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 24A Subsection (1) amended by No. 50 of 1996, s. 7 ]Where a certificate of registration of a club is suspended or cancelled under section 24 , the Minister may, on the recommendation of the Director, authorise the relevant Council to conduct race meetings or betting-only meetings in substitution for any race meetings or betting-only meetings that, but for the suspension or cancellation of the registration of the club, would, or might, have been conducted by that club.(2) [Section 24A Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] Nothing in subsection (1) confers upon a Council any right to the use or occupation of a racecourse to which it would not otherwise be entitled.(3) An authorisation under subsection (1) –(a) shall be in writing; and(b) subject to subsection (4) , shall have effect for such period as is specified in it.(4) An authorisation under subsection (1) shall cease to have effect –(a) where it is given in relation to the suspension of the registration of a club, upon the expiration of the period of suspension; and(b) where it is given in relation to the cancellation of the registration of a club, upon the granting again to that club of a certificate of registration or the granting of a certificate of registration to another club in place of the first-mentioned club.(5) [Section 24A Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 24A Subsection (5) amended by No. 50 of 1996, s. 7 ]For the purposes of this Act –(a) [Section 24A Subsection (5) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] a Council and its secretary shall, in relation to a race meeting or betting-only meeting conducted by that Council in pursuance of an authority granted under this section, be taken to be the club committee and the secretary, respectively, of a registered club; and(b) [Section 24A Subsection (5) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] the books, vouchers, and documents of a Council relating to such a race meeting or betting-only meeting shall be taken to be the books, vouchers, and documents of a registered club.(6) [Section 24A Subsection (6) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] The Governor may make regulations modifying the effect of any provision of this Act in its application, by virtue of subsection (5) , to a Council or to the secretary of a Council.
Division II - Registration of racecourses
25. Race meetings, &c., or betting-only meeting to be held only on registered racecourses
(1) [Section 25 Subsection (1) amended by No. 42 of 1961, s. 4 ][Section 25 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 25 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 25 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 25 Subsection (1) amended by No. 50 of 1996, s. 8 ]Except as otherwise provided in this section, after the commencement of this Act no race meeting or betting-only meeting shall be conducted by, or under the supervision or control of, any club or any association or body of persons except on a registered racecourse.Penalty: Fine not exceeding 20 penalty units.(2) [Section 25 Subsection (2) inserted by No. 1 of 1988, s. 6 ][Section 25 Subsection (2) amended by No. 50 of 1996, s. 8 ]Nothing in this section prohibits the conducting of a race meeting or betting-only meeting in accordance with an authority granted under section 24A .(3) [Section 25 Subsection (3) added by No. 42 of 1961, s. 4 ]Nothing in this section prohibits the conducting of a race meeting in accordance with a permit granted under section 20B or the conducting of such a horse race as is referred to in paragraph (b) , paragraph (c) , or paragraph (d) of section 20A (2) .
26. Applications for registration, and conditions upon which registration may be granted
(1) [Section 26 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 26 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 26 Subsection (1) amended by No. 22 of 1990, s. 17 ]An application for the registration of a racecourse may be made to the Director in writing in the prescribed form by the owner or lessee of the racecourse, and shall be accompanied by plans and specifications of all buildings and structures erected or constructed, or proposed to be erected or constructed, on the racecourse.(2) [Section 26 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 26 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 26 Subsection (2) amended by No. 22 of 1990, s. 17 ]No racecourse shall be registered under this Division unless the person applying for the registration thereof proves to the satisfaction of the Director that–(a) the racecourse is safe for use as a racecourse;(b) the buildings and structures on the racecourse are sufficient and suitable for the purposes for which they are to be used and that there are no buildings or structures on the racecourse that may endanger the safety of, or injure, any person resorting thereto;(c) suitable and adequate sanitary conveniences for each sex are provided on the racecourse; and(d) in the case of a racecourse proposed to be used for the purpose of race meetings for galloping-horses or trotting-horses, suitable and adequate facilities are available for the conveyance and treatment of, and aid to, injured jockeys.(3) [Section 26 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 26 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 26 Subsection (3) amended by No. 22 of 1990, s. 17 ]For the purposes of this section–if the buildings, structures, conveniences, and facilities, respectively, comply with such requirements as may be prescribed or, in the absence of regulations in that behalf, as the Director may determine.(a) buildings and structures shall be deemed to be sufficient and suitable for the purposes for which they are to be used; and(b) sanitary conveniences, and facilities for the conveyance and treatment of, and aid to, injured jockeys, shall be deemed to be suitable and adequate–(4) [Section 26 Subsection (4) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 26 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 26 Subsection (4) amended by No. 22 of 1990, s. 17 ]On receipt of an application for the registration of a racecourse, the Director shall, in such manner as he or she thinks desirable, publicly notify the receipt of the application and the time and place at which the Director will hear any objection that may be made pursuant to section 27 .(5) The time fixed for hearing an objection to the granting of an application for the registration of a racecourse shall be not less than 40 days after the receipt of the application is notified pursuant to subsection (4) .(6) No racecourse shall be registered under this Act for the purposes of, or for use as a racecourse for, plumpton coursing.
27. Objections to registration of racecourses
(1) A person may, by notice in writing in the prescribed form, object to the granting of an application for the registration of a racecourse.(2) An objection under this section shall be made in writing, as prescribed, and shall set forth the grounds on which the objection is made, and shall be made within 30 days after the receipt of the application for registration is notified pursuant to section 26 (4) .(3) [Section 27 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 27 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 27 Subsection (3) amended by No. 22 of 1990, s. 17 ]The Director shall, within 3 clear days after receiving an objection under this section, cause a copy thereof to be served on the owner or lessee of the racecourse in respect of which the application for registration is made.
28. Hearing and determination of objections
[Section 28 Amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 28 Amended by No. 22 of 1990, s. 17 ][Section 28 Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] An objection to the registration of a racecourse shall, subject to the foregoing provisions of this Division, be made, heard, and determined as prescribed, and the decision of the Director thereon shall be final and shall not be subject to appeal.
29. Form and effect of registration
(1) [Section 29 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 29 Subsection (1) amended by No. 83 of 1999, s. 36, Applied:01 Dec 1999] [Section 29 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 29 Subsection (1) amended by No. 22 of 1990, s. 17 ]On receiving an application for the registration of a racecourse and on hearing and determining the objections (if any) to the granting of the application, the Director, having regard to matters specified in paragraphs (a) to (d) of section 26 (2) , and to the proximity of other racecourses, the likelihood of successful race meetings being held on the racecourse in respect of which the application is made, and such other matters as he or she considers relevant, may, in his or her absolute discretion–(a) grant the application and grant to the owner or lessee of the racecourse a certificate of registration of the racecourse;(b) refuse the application; or(c) provisionally register the racecourse and grant to the owner or lessee thereof a provisional certificate of registration of the racecourse.(1A) [Section 29 Subsection (1A) inserted by No. 1 of 1974, s. 14 ][Section 29 Subsection (1A) amended by No. 83 of 1983, s. 10 and s. 32 and Sched. 2 ][Section 29 Subsection (1A) amended by No. 22 of 1990, s. 17 ]Before granting an application under this section, the Commission –(a) . . . . . . . .(b) may call for submissions from and consult with organizations and persons whose subsistence or livelihood is derived from or directly connected with horse-racing or greyhound racing in this State.(2) [Section 29 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 29 Subsection (2) amended by No. 22 of 1990, s. 17 ]A certificate of registration of a racecourse –(a) shall be in the prescribed form;(b) shall, subject to this Division, continue in force from the date on which it is issued until the following 31st July; and(c) [Section 29 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] on application being made in that behalf, as prescribed, may, in the absolute discretion of the Director, be renewed annually, for a period terminating on 31st July following the date of renewal.(2A) [Section 29 Subsection (2A) inserted by No. 1 of 1974, s. 14 ][Section 29 Subsection (2A) omitted by No. 83 of 1999, s. 36, Applied:01 Dec 1999] . . . . . . . .(3) [Section 29 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 29 Subsection (3) amended by No. 22 of 1990, s. 17 ]A provisional certificate of registration of a racecourse shall be in the prescribed form and, subject to this Division –(a) shall continue in force from the date on which it is granted until such date as may be specified in that behalf in the certificate; and(b) [Section 29 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] shall be subject to such conditions as may be specified in the certificate (including a condition that the certificate shall cease to have effect unless such improvements of the racecourse, and such repairs of or additions to buildings and structures thereon, as the Director may think fit and as are specified in the certificate, are made within such period, not exceeding 12 months after the date on which the certificate is granted, as may be specified therein).(4) [Section 29 Subsection (4) omitted by No. 83 of 1983, s. 10 ]. . . . . . . .(5) [Section 29 Subsection (5) omitted by No. 83 of 1983, s. 10 ]. . . . . . . .
30. Suspension and cancellation of registration
(1) [Section 30 Subsection (1) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 30 Subsection (1) amended by No. 1 of 1974, s. 15 ][Section 30 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (1) amended by No. 22 of 1990, s. 17 ]If it appears to the Director that–the Director may, in his or her absolute discretion, suspend the registration of that racecourse for such period as he or she thinks fit, or may, subject to this section, cancel the certificate of registration.(a) a registered racecourse has become unfit or unsafe for use as a racecourse;(b) any buildings or structures on a registered racecourse are not sufficient and suitable (within the meaning of section 26 ) for the purposes for which they are to be used or are in a bad state of repair or are likely to endanger the safety of, or to injure, any person resorting thereto;(c) any sanitary conveniences on a registered racecourse are in a bad state of repair, or are dangerous to health, or that the sanitary conveniences on a registered racecourse are not suitable and adequate (within the meaning of section 26 );(d) in the case of a racecourse used for the purpose of race meetings for galloping-horses or trotting-horses, the facilities for the conveyance and treatment of, and aid to, injured jockeys are not suitable and adequate (within the meaning of section 26 ); or(e) [Section 30 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the owner or lessee of a registered racecourse has contravened or failed to comply with the requirements of any order, notice, or direction made or given by the Director under this Act–(2) [Section 30 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 30 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (2) amended by No. 22 of 1990, s. 17 ]The Director shall not cancel the certificate of registration of a racecourse except after an inquiry held in accordance with this section.(3) [Section 30 Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 30 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (3) amended by No. 22 of 1990, s. 17 ]Where the Director proposes to hold an inquiry under this section, he or she shall cause to be served on the owner or lessee of the racecourse a notice, in writing, calling on him to appear before the Director at the place and time (being not less than 14 days after the date of service of the notice) specified in that behalf in the notice to show cause why the certificate of registration of the racecourse should not be cancelled on the grounds specified in the notice.(4) [Section 30 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 30 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (4) amended by No. 22 of 1990, s. 17 ]An owner or a lessee of a racecourse who appears before the Director pursuant to a notice under subsection (3) shall be entitled to be represented by a legal practitioner or by an agent.(5) [Section 30 Subsection (5) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 30 Subsection (5) amended by No. 83 of 1999, s. 37, Applied:01 Dec 1999] [Section 30 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (5) amended by No. 22 of 1990, s. 17 ]If, on the holding of an inquiry under this section, the Director is satisfied that the grounds specified in the notice under subsection (3) have been sustained, he or she may, in his or her absolute discretion–but if the Director is not so satisfied he or she shall, if the certificate of registration was suspended before the holding of the inquiry, forthwith remove the suspension.(a) cancel the certificate of registration of the racecourse; or(b) [Section 30 Subsection (5) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] suspend the certificate of registration of the racecourse for such period as he or she thinks fit, or, if the certificate or registration was suspended before the holding of the inquiry, order that the suspension thereof be continued for such further period as the Director may think fit–(6) [Section 30 Subsection (6) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 30 Subsection (6) substituted by No. 71 of 1995, s. 3 and Sched. 1 ]For the purpose of holding an inquiry under this section, the Director has and may exercise the same powers as are conferred by Part 3 of the Commissions of Inquiry Act 1995 on Commissions established under section 4 of that Act in respect of inquiries under that Act.(7) Where the certificate of registration of a racecourse is suspended pursuant to this section, that racecourse shall, during the period during which the certificate of registration is so suspended, be deemed, for the purposes of this Act, not to be a registered racecourse.(8) [Section 30 Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 30 Subsection (8) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (8) amended by No. 22 of 1990, s. 17 ]A decision of the Director under this section shall be final and shall not be subject to appeal.
Division III - [Part III, Div. III Heading amended by No. 22 of 1990, s. 16 ]General provisions relating to the regulation of horse-racing and greyhound racing
31. Betting on racecourses, &c., lawful
[Section 31 Amended by No. 1 of 1974, s. 16 ][Section 31 Amended by No. 50 of 1996, s. 9 ]Subject to this Act, it shall be lawful for persons to bet, by way of wagering or gaming, on a racecourse during the holding of a race meeting or betting-only meeting thereon, or in a totalizator, and their so doing shall not of itself constitute a contravention of Part VI , and shall not be a ground for the racecourse or any part thereof, or the premises, being deemed or declared to be, or to be used as, a common gaming-house or public place within the meaning of that Part.
32. Prohibition of proprietary racing
(1) No takings, receipts, profits, or gains of a club, however derived, shall be divisible, directly or indirectly, among the individual members thereof, or any of them.(2) [Section 32 Subsection (2) amended by No. 83 of 1983, s. 31 and s. 32 and Sched. 1 and Sched. 2 ][Section 32 Subsection (2) amended by No. 22 of 1990, s. 17 ]The takings, receipts, profits, or gains referred to in subsection (1) shall be applied only –and in no other manner.(a) for the promotion and advancement of horse-racing or greyhound racing carried on, in good faith, for the improvement of the breed of horses or dogs in this State; or(b) [Section 32 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] with the approval of the Director, for a charitable, benevolent, patriotic, or special purpose–(3) [Section 32 Subsection (3) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 32 Subsection (3) amended by No. 22 of 1990, s. 17 ]For the purposes of subsection (2) , the promotion of horse-racing or greyhound racing shall be deemed to include –(a) the purchase by a club of its racecourse;(b) the improvement of any freehold property of a club, the revenue from which is applied solely for the promotion of horse-racing or greyhound racing; and(c) maintenance of, and improvements to, a racecourse.(4) [Section 32 Subsection (4) amended by No. 104 of 1977, s. 2 ][Section 32 Subsection (4) amended by No. 83 of 1983, s. 31 and s. 32 and Sched. 1 and Sched. 2 ][Section 32 Subsection (4) amended by No. 22 of 1990, s. 17 ]Nothing in this section shall prevent –(a) [Section 32 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the payment, with the approval of the Director, to a member of a club of–(i) principal or interest payable in respect of moneys lent to the club by the member; or(ii) rent in respect of a lease by the club of a racecourse owned by the member;(b) expenditure by a club for the purpose of –(i) providing entertainment for the members of the club in common with other persons; or(ii) defraying the expenses of a member of the club attending, on behalf of the club, a conference or meeting of persons interested or concerned in the sports of horse-racing or greyhound racing, or both, or in the control or conduct of race meetings;(c) the payment by a club to, or the receipt by a member of a club of, moneys awarded to the owner or lessee of horses or dogs that win or are placed in horse races or greyhound racing events conducted by the club; or(d) [Section 32 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the payment by a club, with the approval of the Director, to a person (whether a member of the club or not) of such costs, fees, or expenses, or such classes thereof, if any, as may be prescribed.
33. Purchase, improvement, &c., of racecourses to be subject to the approval of TOTE Tasmania
[Section 33 Amended by No. 55 of 1965, s. 5 ](1) [Section 33 Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 33 Subsection (1) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 33 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 33 Subsection (1) amended by No. 22 of 1990, s. 17 ]No club shall purchase a racecourse without the approval of TOTE Tasmania.(2) [Section 33 Subsection (2) omitted by No. 83 of 1983, s. 11 ]. . . . . . . .(3) [Section 33 Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 33 Subsection (3) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 33 Subsection (3) substituted by No. 104 of 1977, s. 3 ]A club shall not, without the prior approval of TOTE Tasmania, incur any expenditure on the improvement of a racecourse that exceeds $5 000 in any one year unless the expenditure is met from the current funds of the club, exclusive of any additional borrowings.(4) [Section 33 Subsection (4) inserted by No. 104 of 1977, s. 3 ]For the purposes of subsection (3) in relation to an improvement of a racecourse additional borrowings means any sums borrowed wholly or partly for the purpose of carrying out the improvement.
[Section 34 Subsection (1) amended by No. 83 of 1983, s. 12 and s. 31 and Sched. 1 ][Section 34 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 34 Substituted by No. 83 of 1999, s. 38, Applied:01 Dec 1999](1) [Section 34 Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] The racing days for racing clubs by which the totalizator is to be used, whether on registered racecourses or unregistered racecourses, are to be allotted in each racing year by TOTE Tasmania, after consultation with each racing club and Council, and a decision of TOTE Tasmania with respect to the allotment of racing days is final.(2) [Section 34 Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] TOTE Tasmania may, after consultation with the relevant racing club, specify the racing days on which certain races may be conducted.
[Section 34A Inserted by No. 50 of 1996, s. 10 ](1) [Section 34A Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34A Subsection (1) amended by No. 83 of 1999, s. 39, Applied:01 Dec 1999] TOTE Tasmania may authorise a racing club to hold one or more betting-only meetings in a racing year.(2) A betting-only meeting is a meeting that a racing club holds at a racecourse and at which no racing takes place but during which the club committee may conduct totalizator betting or allow bookmaker betting, or both.(3) [Section 34A Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34A Subsection (3) substituted by No. 83 of 1999, s. 39, Applied:01 Dec 1999] The betting-only meetings for racing clubs are to be authorised and allotted by TOTE Tasmania, after consultation with each racing club and Council, and a decision of TOTE Tasmania with respect to the allotment is final.(4) [Section 34A Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34A Subsection (4) amended by No. 83 of 1999, s. 39, Applied:01 Dec 1999] TOTE Tasmania is not to authorise a racing club to hold a betting-only meeting at a racecourse on a day on which a race meeting is scheduled to be held in the same region of the State as the region in which that racecourse is located.
34B. Emergency conversion of race meetings to betting-only meetings
[Section 34B Inserted by No. 50 of 1996, s. 10 ][Section 34B Amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 34B Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] Notwithstanding sections 34 and 34A , TOTE Tasmania may authorise a racing club to convert a race meeting to a betting-only meeting if–(a) the race meeting scheduled to be held by the club has been abandoned; and(b) on the day of the abandoned race meeting no other race meeting is scheduled to be held in the same region of the State as the region in which the abandoned race meeting was to have been held; and(c) [Section 34B Amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 34B Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] TOTE Tasmania is satisfied in the circumstances that the racing club had good cause for abandoning the race meeting.
35. Returns and information to be furnished by clubs
(1) [Section 35 Subsection (1) amended by No. 93 of 1974, s. 2 ][Section 35 Subsection (1) amended by No. 71 of 1975, s. 2 ][Section 35 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 35 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 35 Subsection (1) omitted by No. 83 of 1999, s. 40, Applied:01 Dec 1999] . . . . . . . .(2) [Section 35 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35 Subsection (2) amended by No. 71 of 1955, s. 3 ][Section 35 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 35 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A club committee shall, in each year, within 14 days after the accounts of the club have been audited and certified as provided in section 37 , and also at such other times, if any, as the Director may direct, cause to be furnished to the Director–(a) the name and address of the secretary for the time being of the club;(b) a list of the members of the club; and(c) a copy of the balance sheet and revenue account of the club, as certified as provided by section 37 .(3) [Section 35 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35 Subsection (3) amended by No. 22 of 1990, s. 17 ]A balance sheet and revenue account furnished to the Director pursuant to subsection (2) –(a) shall be in the prescribed form; and(b) shall contain the prescribed particulars.(4) [Section 35 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35 Subsection (4) amended by No. 108 of 1973, s. 3 ][Section 35 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 35 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The Director may, at any time, require a club committee to supply to the Director such returns or information as the Director thinks necessary in relation to any matters relating to the administration of this Act, and the club committee shall supply the information accordingly within the time allowed by the Director in that behalf.(5) [Section 35 Subsection (5) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 35 Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The provisions of subsections (2) , (3) , and (4) shall extend to a Council as if it were a club, and any reference in those provisions to a club committee or a club shall be construed accordingly as including a reference to a Council.
35A. Assessment of profits of Anzac Day meetings
[Section 35A Inserted by No. 3 of 1970, s. 2 ](1) [Section 35A Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35A Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35A Subsection (1) amended by No. 22 of 1990, s. 17 ]The responsible body shall keep, or cause to be kept, accounts, in a form approved by the Director, of the expenditure incurred on, and the income derived from, a race meeting held on Anzac Day.(2) [Section 35A Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35A Subsection (2) amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 35A Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35A Subsection (2) amended by No. 22 of 1990, s. 17 ]Within one month after an Anzac Day on which a race meeting is held, the responsible body shall furnish to the Director, in a form approved by the Director, an account of the expenditure and income referred to in subsection (1) together with a report on the correctness of that account made by a registered company auditor within the meaning of the Companies (Tasmania) Code who has examined the accounts of that expenditure and income.(3) [Section 35A Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 35A Subsection (3) amended by No. 83 of 1999, s. 41, Applied:01 Dec 1999] [Section 35A Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35A Subsection (3) amended by No. 22 of 1990, s. 17 ]The Director shall, from the account furnished to him or her under subsection (2) in respect of a race meeting and such other information as he or she may obtain, assess the amount of the net profit derived from the meeting and shall notify the responsible body and the Anzac Day Trust of the amount so assessed.(4) [Section 35A Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35A Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 35A Subsection (4) substituted by No. 83 of 1999, s. 41, Applied:01 Dec 1999] For the purposes of obtaining any information that the Director requires so as to make a proper assessment under this section, the Director may direct the responsible body to furnish him or her with that information, and the responsible body is to supply the information within the time allowed by the Director in that behalf.(5) [Section 35A Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ]For the purposes of this section, in relation to a race meeting, responsible body means the club committee or other governing body of the club, association, or other body by whom, or on whose behalf, the meeting is conducted.
36. Accounts to be kept by clubs
(1) [Section 36 Subsection (1) amended by No. 21 of 2000, s. 27, Applied:01 Jul 2000] A club shall cause proper books to be kept, and true and regular accounts to be entered therein, of all transactions of the club, and of all sums of money received and paid by or on behalf of the club or in relation to its affairs, including any amount of goods and services tax, and of the several purposes for which those sums of money are received and paid.(2) [Section 36 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 36 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 36 Subsection (2) amended by No. 22 of 1990, s. 17 ]The secretary of a club shall have the custody of all books, vouchers, and documents relating to the accounts of the club, and they shall, at all reasonable times, be open, without payment of a fee, to inspection by any member of the club, or by the Director or by any person authorised in writing by the Director to inspect them.(3) A person who is entitled, by virtue of subsection (2) , to inspect any books, vouchers, and documents referred to in that subsection may, without payment of a fee make copies of, or take extracts from, those books, vouchers, and documents, or any of them.(4) The books and accounts to be kept by clubs pursuant to this section shall comply with such requirements as may be prescribed.
[Section 37 Substituted by No. 71 of 1955, s. 4 ](1) [Section 37 Subsection (1) amended by No. 9 of 1982, s. 7 and Sched. 10 ]Each club shall at the end of the financial year used by it cause its accounts for that year to be balanced and full and true statements and accounts of its receipts and expenditure for that year to be prepared, and shall cause its accounts kept under section 36 and the statements and accounts prepared under this section to be audited within 3 months after the end of that year by a registered company auditor within the meaning of the Companies (Tasmania) Code .(2) [Section 37 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 37 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 37 Subsection (2) amended by No. 22 of 1990, s. 17 ]At an audit under this section the auditor shall either certify that the statements and accounts prepared under this section are correct or, as soon as he finds that he is unable so to certify, report to the Director that fact and in what respect the statements and accounts are deficient.(3) [Section 37 Subsection (3) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 37 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 37 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 37 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The Director may direct a club or a Council to submit all or any of its accounts for audit by the Auditor-General.
[Section 38 Amended by No. 52 of 1995, s. 3 and Sched. 1 ]It shall be the duty of a club committee to ensure compliance with the provisions of this Act in respect of the club and any racecourse under the control of the club committee.
39. Power of club committee to remove persons from, or prohibit persons from entering, a racecourse
(1) [Section 39 Subsection (1) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 39 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A club committee or a Council may, by notice in writing under the hand of its secretary, require a person–any racecourse that is under the control of the club or Council, on any specified day or days, or generally, while the notice is in force.(a) to depart from; or(b) to refrain from entering–(2) [Section 39 Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 39 Subsection (2) amended by No. 83 of 1983, s. 13 ][Section 39 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where a club committee or a Council gives to a person a notice under subsection (1) , the club committee or Council shall cause a copy of the notice to be forwarded or delivered to the Director within 7 days after the service of the notice on that person.(3) [Section 39 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 39 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 39 Subsection (3) amended by No. 22 of 1990, s. 17 ]The Director may, by notice in writing, require a person to refrain from entering any racecourse or racecourses specified in the notice, or from racecourses generally, on any specified day or days, or generally, while the notice is in force.(4) [Section 39 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 39 Subsection (4) amended by No. 83 of 1999, s. 42, Applied:01 Dec 1999] [Section 39 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 39 Subsection (4) amended by No. 22 of 1990, s. 17 ]Where the Director exercises the power conferred on him or her by subsection (3) he or she is to cause a copy of the notice referred to in that subsection to be served on each club that conducts race meetings on the racecourse or racecourses specified in the notice, or if the notice relates to racecourses generally, shall cause a copy thereof to be served on every club.(5) [Section 39 Subsection (5) substituted by No. 10 of 1971, s. 4 ]A notice under this section shall be served personally on the person for whom it is intended.(6) If, at the time of the service on him of a notice under this section, the person to whom the notice applies is on a racecourse there shall be paid or tendered to him any sum he may have paid for entry thereon.(7) [Section 39 Subsection (7) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 39 Subsection (7) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 39 Subsection (7) amended by No. 22 of 1990, s. 17 ][Section 39 Subsection (7) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A notice under this section shall take effect according to its tenor and shall continue in force until rescinded by the club committee or Council in writing, or, in the case of a notice under subsection (3) , until rescinded by the Director in writing.(8) [Section 39 Subsection (8) amended by No. 55 of 1965, s. 5 ][Section 39 Subsection (8) amended by No. 10 of 1971, s. 4 ][Section 39 Subsection (8) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 39 Subsection (8) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person who is served with a notice under this section shall –(a) fail, on payment or tender of his entrance money, forthwith to depart from the racecourse to which the notice relates; or(b) enter contrary to the notice any racecourse or racecourses specified therein, or, if the notice relates to racecourses generally, enter any racecourse in this State.Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 3 months in respect of a subsequent offence.(8A) [Section 39 Subsection (8A) inserted by No. 85 of 1976, s. 2 ]It is lawful for a police officer to remove from a racecourse any person who –and to use such force as is reasonably necessary for the purpose.(a) being a person who is served with a notice under this section, fails, on service of the notice and on payment or tender of his entrance money, to depart forthwith from the racecourse, being the racecourse to which the notice relates; or(b) being a person who has been served with a notice under this section (the notice not having been rescinded), enters the racecourse being a racecourse to which the notice relates –(9) [Section 39 Subsection (9) added by No. 10 of 1971, s. 4 ]The production to a court of a copy of such a notice as is referred to in this section on which there is endorsed a memorandum setting forth the day, place, and mode of service of the notice and purporting to be signed by the person by whom the notice was so served is sufficient evidence until the contrary is proved –(a) that the endorsement was signed by the person whose signature it purports to be; and(b) that the statements contained in the endorsement are true.
40. Prohibition of certain persons entering, &c., on racecourses
[Section 40 Amended by No. 10 of 1971, s. 5 ][Section 40 Amended by No. 21 of 1973, s. 5 and Sched. 1 ]No person shall –(a) being a person under the age of 16 years not accompanied by a person who has attained the age of 18 years, enter or remain on a racecourse while a race meeting is being conducted thereon, if the race meeting commences at or after the hour of 6 o'clock in the afternoon of any day; or(b) cause or permit a person to enter or remain on a racecourse in contravention of the provisions of paragraph (a) of this section.
40A. Appointment of stipendiary stewards
[Section 40A Inserted by No. 42 of 1961, s. 5 ][Section 40A Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 40A Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 40A Subsection (1) amended by No. 31 of 1986, s. 5 ][Section 40A Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 40A Subsection (2) amended by No. 83 of 1993, s. 31 and Sched. 1 ][Section 40A Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 40A Subsection (3) amended by No. 83 of 1993, s. 31 and Sched. 1 ][Section 40A Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 40A Subsection (4) amended by No. 83 of 1993, s. 31 and Sched. 1 ][Section 40A Subsection (5) inserted by No. 36 of 1984, s. 4 ][Section 40A Subsection (7) omitted by No. 1 of 1974, s. 18 ][Section 40A Substituted by No. 83 of 1999, s. 43, Applied:01 Dec 1999][Section 40B Repealed by No. 1 of 1974, s. 19 ]. . . . . . . .(1) In this section,Secretary means the Secretary of the Department.(2) The Secretary may, after consultation with a Council, appoint a person as a stipendiary steward for that Council on such terms and conditions as the Secretary considers appropriate.(3) A person appointed as a stipendiary steward for a Council is a stipendiary steward for that Council for the purposes of the Rules of Racing and any rules, regulations, or other provisions relating to the constitution, proceedings, powers, duties or functions of that Council or its officers.(4) A stipendiary steward is not to be removed or suspended from office except by the Secretary.(5) A Council or its committee must not do anything to prevent a stipendiary steward from discharging his or her functions.(6) Where a person is appointed under this section as a stipendiary steward for 2 or more Councils, the Director may determine any dispute that may arise between any of those Councils with respect to the performance of that person's functions as a stipendiary steward, and a determination made under this section is binding on each Council for which the person has been appointed as a stipendiary steward.
41. Appointment, &c., of officers of clubs
(1) [Section 41 Subsection (1) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (1) amended by No. 22 of 1990, s. 17 ]Notwithstanding any law or rule of law to the contrary or anything contained in the Rules of Racing, after the commencement of this Act the appointment of any prescribed officer of a club or of a Council shall be subject to the approval of the Director, and any appointment of a prescribed officer that is made without the approval of the Director shall be void.(2) [Section 41 Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A person who is employed as a prescribed officer of a club or of a Council shall, by virtue of this subsection and without further authority, cease to hold office as such on the expiration of the period of 3 months after the commencement of this Act, unless the Director, on the application in that behalf of the club committee or Council, before the expiration of that period, approves of the continued employment of that person as a prescribed officer of the club or Council.(3) [Section 41 Subsection (3) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where application is made by a club committee or by a Council for the approval of the Director to the appointment or continued employment of a person as a prescribed officer of the club or of the Council, the Director may, in his or her absolute discretion, approve or refuse to approve of the appointment or continued employment of that person.(4) [Section 41 Subsection (4) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]If it considers it in the public interest so to do, the Director may, by notice in writing served on the chairperson or secretary of a club or of a Council, require the club committee or Council to dispense with the services of any prescribed officer of the club or Council who is specified in the notice, within the time specified in that behalf in the notice, and the club committee or Council shall dispense with the services of that officer accordingly within the time so specified.(5) [Section 41 Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 41 Subsection (5) amended by No. 83 of 1999, s. 44, Applied:01 Dec 1999] [Section 41 Subsection (5) amended by No. 18 of 1953, s. 2 ][Section 41 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (5) amended by No. 22 of 1990, s. 17 ]The Director shall not be bound to assign any reasons for his or her refusal to approve of the appointment or continued employment of any person as a prescribed officer of a club, or for requiring a club to dispense with the services of a prescribed officer of the club.(6) [Section 41 Subsection (6) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (6) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (6) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (6) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The club committee or Council shall not dismiss, or dispense with the services of, a prescribed officer of the club or Council without the prior approval of the Director.(7) [Section 41 Subsection (7) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (7) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Subject to this section, the club committee or Council may appoint and employ such officers as it thinks fit, and pay to them such remuneration for their services as it may determine, and vest in them such powers as it may consider necessary or expedient.(8) [Section 41 Subsection (8) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (8) amended by No. 1 of 1974, s. 35 and Sched. 1 ][Section 41 Subsection (8) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (8) amended by No. 22 of 1990, s. 17 ]No action, claim, or demand shall lie or be made or allowed by or in favour of any person against the Director, or a member of the Director, or against a club or Council, or against any officer of the Director or of a club or Council acting in good faith in the execution of this Act, for or in respect of any damage or loss sustained or alleged to have been sustained by reason of the refusal of the Director to approve of the appointment or continued employment of that person as a prescribed officer of a club or Council or the dispensing with his services as a prescribed officer thereof.(9) [Section 41 Subsection (9) amended by No. 42 of 1961, s. 6 ]In this section prescribed officer means –(a) a stipendiary steward (other than a stipendiary steward appointed under section 40A ); and(b) any officer (other than the secretary of a club) declared by the regulations to be a prescribed officer for the purposes of this section.
42. Effect of suspension or disqualification
[Section 42 Inserted by No. 31 of 1986, s. 6 ][Section 42A Repealed by No. 83 of 1983, s. 15 ]. . . . . . . . [Section 43 Repealed by No. 31 of 1986, s. 7 ]. . . . . . . .(1) [Section 42 Subsection (1) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] Where, pursuant to any decision or determination by a horse-racing club, harness racing club, greyhound racing club, or of the stewards of such a club, or an appropriate Council, a person is whether with or without limitation as to time, disqualified or suspended from acting in any prescribed activity he is, while he is so disqualified or suspended, disqualified or suspended from acting in any other prescribed capacity and shall be deemed to be so disqualified or suspended under the Rules of Racing relating to persons acting in that other capacity.(2) In this section prescribed capacity means the capacity as –(a) owner or trainer of a galloping-horse or a trotting-horse, or a dog used for greyhound racing; or(b) rider or driver of a galloping-horse or a trotting-horse.
44. Power of committee or stewards to regulate betting in certain cases
[Section 44 Amended by No. 1 of 1974, s. 35 and Sched. 1 ][Section 44 Amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 44 Amended by No. 52 of 1995, s. 3 and Sched. 1 ]Notwithstanding anything contained elsewhere in this Act, where a horse or dog is withdrawn from a horse-racing event or greyhound racing event, as the case may be, after having been officially declared to be a starter in that event, the club committee or stewards for the time being having the control of the racecourse on which that event is being held shall have power to determine the manner in which betting by and with bookmakers on that event shall proceed after or in consequence of the withdrawal therefrom of that horse or dog.[Section 44A Repealed by No. 31 of 1986, s. 8 ]. . . . . . . .
[Section 45 Substituted by No. 10 of 1971, s. 9 ](1) [Section 45 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (1) amended by No. 22 of 1990, s. 17 ]Where the Director is satisfied that–the Director shall, by notice in the Gazette (in this section referred to as a "winding-up notice"), declare that that club is to be wound up in accordance with this section.(a) a club has given public notice that it has ceased to race;(b) a club has given public notice that it intends on a specified day to cease to race and that day has passed;(c) a club has been disbanded; or(d) a club has failed in any period of 12 months to hold a race meeting–(2) [Section 45 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (2) amended by No. 22 of 1990, s. 17 ]The Director shall not publish a winding-up notice in respect of a club by reason only of the ground referred to in subsection (1) (d) if the Director is satisfied that there was reasonable cause for the failure of the club to hold race meetings and the club resumes racing within such period as the Director may allow in that behalf.(3) References in this section to a club that is being wound up shall be construed as references to a club in respect of which a winding-up notice has been published.(4) [Section 45 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (4) amended by No. 22 of 1990, s. 17 ]No person shall, without the consent of the Director, dispose of, or otherwise deal with, any of the assets of a club that is being wound up or incur any liability on behalf of that club.(5) [Section 45 Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (5) amended by No. 22 of 1990, s. 17 ]Where a winding-up notice has been published in respect of a club the Director is entitled, for the purpose of winding-up the affairs of the club, to take possession of the assets of the club and discharge therefrom any liabilities of the club subsisting at the time the notice was published or arising in respect of any such assets.(6) [Section 45 Subsection (6) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 45 Subsection (6) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 45 Subsection (6) substituted by No. 1 of 1974, s. 21 ][Section 45 Subsection (6) amended by No. 83 of 1983, s. 17 and s. 31 and Sched. 1 ][Section 45 Subsection (6) amended by No. 22 of 1990, s. 17 ]Where the Director has discharged all the liabilities of the club being wound up which subsisted when the winding-up notice was published or arising in respect of the assets of the club and a residue of those assets remains, the Director shall, within 3 months of the final settlement of the affairs of the club, pay or transfer that residue into the funds of TOTE Tasmania.(7) [Section 45 Subsection (7) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 45 Subsection (7) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (7) amended by No. 83 of 1999, s. 45, Applied:01 Dec 1999] [Section 45 Subsection (7) substituted by No. 1 of 1974, s. 21 ][Section 45 Subsection (6) amended by No. 83 of 1983, s. 17 and s. 31 and Sched. 1 ][Section 45 Subsection (6) amended by No. 22 of 1990, s. 17 ]Notwithstanding anything contained elsewhere in this Act but subject to subsection (8) , where the assets of a club being wound up consist partly of an interest in land, and it appears to the Director that those assets other than the interest in land will be sufficient to discharge all the liabilities (if any) of the club, that interest in land shall, if the Director so requests, be transferred to TOTE Tasmania free of any consideration therefor to be held by TOTE Tasmania for its purposes and objects under this or any other Act.(8) [Section 45 Subsection (8) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 45 Subsection (8) amended by No. 83 of 1999, s. 45, Applied:01 Dec 1999] [Section 45 Subsection (8) substituted by No. 1 of 1974, s. 21 ]Any interest in land that is transferred to TOTE Tasmania under subsection (7) shall be transferred subject to any subsisting mortgage, trust, charge, or other incumbrance.(9) [Section 45 Subsection (9) omitted by No. 83 of 1983, s. 17 ]. . . . . . . .(10) [Section 45 Subsection (10) omitted by No. 1 of 1974, s. 21 ]. . . . . . . .(11) [Section 45 Subsection (11) omitted by No. 1 of 1974, s. 21 ]. . . . . . . .(12) [Section 45 Subsection (12) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (12) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (12) amended by No. 22 of 1990, s. 17 ]For the purposes of the exercise of its powers under this Part in relation to any club that is being wound up the Director may–and may do such other things as may be necessary in connection with the exercise of the powers conferred by this subsection.(a) exercise in relation to any property forming part of the assets of the club the powers that may be exercised in relation thereto by the persons in whom it is vested or by any person who, if this section had not been enacted, would have had power to dispose of or otherwise deal with the property;(b) recover any sums due to the club or to any person on behalf of, or for the purposes of, the club, and to take any legal proceedings necessary for that purpose; and(c) sell or otherwise realize any property forming part of the assets of the club, or transfer any such property to itself or any other person–(13) [Section 45 Subsection (13) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (13) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (13) amended by No. 22 of 1990, s. 17 ]Where a winding-up notice is published under this section in respect of a club the Director may direct the club, within such time as the Director may allow–(a) [Section 45 Subsection (13) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] to surrender, or cause to be surrendered, to the Director all the documents in the possession of, or available to, the club or any of its members or officers, that relate to the affairs of the club; and(b) [Section 45 Subsection (13) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] to cause the accounts of the club to be properly made up and a correct and final balance sheet showing the whole of its assets and liabilities, to be made out, audited and verified as prescribed, and forwarded to the Director.(14) A reference in this section to the assets of a club shall be construed as including a reference to any assets held on behalf, or for the purposes, of the club, and a reference in this section to the liabilities of a club shall be construed as including a reference to any liabilities that may be discharged out of those assets.(15) [Section 45 Subsection (15) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (15) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (15) substituted by No. 83 of 1999, s. 45, Applied:01 Dec 1999] Notwithstanding anything in this section, the Director may –(a) retain any document or article coming into his or her possession under this section that he or she considers to be of historical interest; and(b) deal with any such document or article in such manner as appears to the Director most suitable for its preservation.
[Section 45AA Inserted by No. 10 of 1971, s. 9 ](1) [Section 45AA Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45AA Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45AA Subsection (1) amended by No. 22 of 1990, s. 17 ]A club may, with the approval of the Director, amalgamate with any other club or with a new club proposed to be formed, whether by amalgamation of two or more clubs or otherwise.(2) [Section 45AA Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45AA Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45AA Subsection (2) amended by No. 22 of 1990, s. 17 ]Where under this section the Director approves the amalgamation of a club with any other club, all the assets and liabilities of the former club are, on a notification in the prescribed form being published by the Director in the Gazette and in a newspaper, vested in and transferred to the latter club without further assurance.(3) Section 45 (14) has effect in relation to this section as it has effect in relation to that section.
Division IV - . . . . . . . .[Part III, Div. 4 Repealed by No. 31 of 1986, s. 9 ][Section 45A Repealed by No. 31 of 1986, s. 9 ]. . . . . . . . [Section 45B Repealed by No. 31 of 1986, s. 9 ]. . . . . . . . [Section 45C Repealed by No. 1 of 1974, s. 22 ]. . . . . . . .
PART IV - [Part IV Heading substituted by No. 40 of 1983, s. 7 ]Totalizator Betting and Betting Competitions Conducted by TOTE Tasmania
Division I - . . . . . . . .[Division I of Part IV Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 46 Substituted by No. 83 of 1983, s. 18 ][Section 46 Amended by No. 22 of 1990, s. 17 ][Section 46 Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 46 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 47 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 47 Inserted by No. 24 of 1998, s. 4, Applied:01 Jul 1998] [Section 47 Repealed by No. 83 of 1999, s. 46, Applied:01 Dec 1999] [Section 47 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 48 Repealed by No. 83 of 1983, s. 20 ][Section 48 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 49 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 49 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 50 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 50 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 51 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 51 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 52 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 52 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 53 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 53 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 54 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 54 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 55 Repealed by No. 40 of 1991, s. 73 ][Section 55 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 56 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 56 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 57 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 57A Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57A Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 57B Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57B Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 57C Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57C Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 57D Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57D Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
Division II - Powers and functions of TOTE Tasmania
57DA. Interpretation: Division II of Part IV
[Section 57DA Inserted by No. 40 of 1983, s. 8 ][Section 57DA Amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57DA Amended by No. 37 of 1992, s. 5 ]In this Division, unless the contrary intention appears –[Section 57DA Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57DA Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] approved betting competition means a betting competition of a kind or class prescribed in the regulations and which is conducted by TOTE Tasmania pursuant to section 57E (3) ;[Section 57DA Amended by No. 83 of 1999, s. 47, Applied:01 Dec 1999]approved sporting contingency means –(a) a sporting contingency relating to a horse race or greyhound racing event; or(b) a sporting contingency relating to any other race or any other event that is approved by the Minister pursuant to section 57E (1) (a) ;event means any greyhound racing event, sport, fight, game, exercise, or pastime.
57E. Powers and functions of TOTE Tasmania
[Section 57E Inserted by No. 1 of 1974, s. 22 ](1) [Section 57E Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57E Subsection (1) substituted by No. 52 of 1995, s. 3 and Sched. 1 ]For the purposes of this Act, TOTE Tasmania must conduct totalizator betting.(1A) [Section 57E Subsection (1A) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .(2) [Section 57E Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (2) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57E Subsection (2) inserted by No. 71 of 1975, s. 3 ]TOTE Tasmania, if appointed a representative of the holder of a pool betting licence as provided by section 87E , may perform all the functions of such a representative.(3) [Section 57E Subsection (3) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57E Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57E Subsection (3) substituted by No. 52 of 1995, s. 3 and Sched. 1 ]TOTE Tasmania may–(a) [Section 57E Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57E Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] only if the Minister approves, establish in a totalizator district or a part of the State proposed to be proclaimed a totalizator district premises at or in which bets may be made with TOTE Tasmania in accordance with this Act on any sporting contingency relating to a horse race or greyhound racing event or, if the Minister approves, relating to any other race or event; and(b) conduct only those betting competitions of such kinds or classes as are prescribed in the regulations.(4) [Section 57E Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57E Subsection (4) inserted by No. 40 of 1983, s. 9 ]An approved betting competition of a kind or class referred to in subsection (3) (b) shall be conducted by TOTE Tasmania in accordance with the conditions prescribed in the regulations in respect of a betting competition of that kind or class.(5) [Section 57E Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (5) omitted by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57E Subsection (5) inserted by No. 83 of 1999, s. 48, Applied:01 Dec 1999] TOTE Tasmania may –(a) make grants or loans at such interest and on such terms as it may determine, for or in relation to the administration, maintenance, or improvement of horse-racing or greyhound racing in Tasmania and may take mortgages or such other securities as it considers adequate to secure such a loan; and(b) undertake and contract for capital improvement to, or maintenance of, a racecourse; and(c) purchase, lease, maintain, develop and otherwise deal with properties and facilities for the conduct of race meetings or for the training of horses for horse racing and dogs for greyhound racing and charge fees for the use of those properties or facilities.(6) [Section 57E Subsection (6) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (6) inserted by No. 83 of 1999, s. 48, Applied:01 Dec 1999] A grant or loan under subsection (5)(a) or an undertaking under subsection (5)(b) may be made unconditionally or subject to such conditions as TOTE Tasmania may impose and, without limiting the generality of this subsection, the conditions, in the case of a grant or a loan to a club, may relate to the administration of the club, capital improvements to and maintenance of racecourses, the payment of stake money and the provision of facilities for the training of horses for horse racing and dogs for greyhound racing.(7) [Section 57E Subsection (7) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (7) inserted by No. 83 of 1999, s. 48, Applied:01 Dec 1999] TOTE Tasmania must determine the grant that it will make available to each Council in each racing year and that grant is to be expended by that Council for such purposes, and in such respective amounts, as TOTE Tasmania may approve.
57EA. Power to enter into other business agreements, &c.
[Section 57EA Inserted by No. 108 of 1995, s. 5 ](1) [Section 57EA Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57EA Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] In this section, core business means the functions and powers that TOTE Tasmania is authorised to perform and exercise under section 57E .(2) [Section 57EA Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57EA Subsection (2) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] TOTE Tasmania may, with the written authority of the Minister and the Treasurer, enter into business agreements and arrangements of a kind not authorised under section 57E .(3) [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] The Minister and the Treasurer must not authorise TOTE Tasmania to enter into a business agreement or arrangement pursuant to subsection (2) unless the Minister and the Treasurer are satisfied that the proposed business agreement or arrangement–(a) [Section 57EA Subsection (3) amended by No. 83 of 1999, s. 49, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] is related in some way to TOTE Tasmania's core business; and(b) is reasonably likely to do one or more of the following:(i) [Section 57EA Subsection (3) amended by No. 83 of 1999, s. 49, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] benefit the promotion of TOTE Tasmania's core business;(ii) [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] improve the efficiency or effectiveness of any service or facility provided by TOTE Tasmania as part of its core business;(iii) [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] create an opportunity for TOTE Tasmania to expand its core business;(iv) [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] enable TOTE Tasmania to participate in a scheme or arrangement in conjunction with a body outside Tasmania that has similar functions to TOTE Tasmania, to the benefit of its core business;(v) [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] enable TOTE Tasmania to improve its managerial, administrative or technological efficiency or effectiveness.
57F. Power to enter into agreements with totalizator bodies in other States or Territories
[Section 57F Inserted by No. 1 of 1974, s. 22 ](1) [Section 57F Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57F Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] For the purposes of this section, body means a board or other body having powers and functions similar to those of TOTE Tasmania, and includes a club.(2) [Section 57F Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57F Subsection (2) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] TOTE Tasmania may enter into an agreement in accordance with this section with a body in another State or in a Territory of the Commonwealth that is authorised by a law of that State or Territory to conduct or provide totalizator betting.(3) An agreement entered into under subsection (2) may provide that –(a) [Section 57F Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57F Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] the body in the other State or Territory will place bets transmitted to it by TOTE Tasmania on a totalizator conducted by it and return to TOTE Tasmania such dividends in respect of winning bets so transmitted to it as are declared by the totalizator on which the bets were placed;(b) [Section 57F Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57F Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] that body will return to TOTE Tasmania such amount as commission out of the amount of the bets received by that body from TOTE Tasmania as is agreed on between that body and TOTE Tasmania;(c) [Section 57F Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57F Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] TOTE Tasmania will accept any bets transmitted to it by that body on the totalizator conducted by TOTE Tasmania and return to that body the dividends payable in respect of the winning bets placed with TOTE Tasmania in accordance with this paragraph; and(d) [Section 57F Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57F Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] TOTE Tasmania will return to that body such amount as commission out of the amount of bets received by TOTE Tasmania from that body as is agreed on between that body and TOTE Tasmania.
[Section 57G Inserted by No. 1 of 1974, s. 22 ][Section 57G Subsection (1) amended by No. 99 of 1993, s. 5 ](1) [Section 57G Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57G Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57G Subsection (1) amended by No. 40 of 1983, s. 10 ]Notwithstanding any other law or rule of law to the contrary, subject to this Act there may be lodged with, and TOTE Tasmania may receive, bets in respect of approved sporting contingencies, whether the races or events on which those contingencies are dependent are conducted in this State or elsewhere–(a) in the course of the conduct of a–totalizator and such other class (if any) of totalizator as may be prescribed; and(i) win;(ii) place;(iii) doubles;(iv) treble;(v) quadrella;(vi) quinella;(vii) straight 6;(viii) superfecta; and(ix) trifecta–(b) in pursuance of an agreement entered into as provided by section 57F in relation to a totalizator being conducted in another State or in a Territory of the Commonwealth.(2) [Section 57G Subsection (2) amended by No. 40 of 1983, s. 10 ]Where more machines, instruments, or branches than one are used for the issue of tickets for the purposes of a totalizator of any class, all moneys paid by bettors in respect of any particular approved sporting contingency at or on all those machines, instruments, and branches, shall be added together for the purpose of determining the dividend or dividends payable in respect of the result of the race or event on which that contingency is dependent, but shall be kept separate from moneys paid into a totalizator of any other class.
[Section 57H Inserted by No. 1 of 1974, s. 22 ][Section 57H Amended by No. 93 of 1974, s. 4 ][Section 57H Amended by No. 40 of 1983, s. 11 and s. 31 and Sched. 1 ][Section 57H Amended by No. 22 of 1990, s. 17 ][Section 57H Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57H Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] An amount of 50 cents or such greater amounts as TOTE Tasmania with the approval of the Minister may from time to time determine, or any multiple of any of the amounts so specified or determined shall, subject to this Act, be accepted by TOTE Tasmania as a bet on any approved sporting contingency in respect of which TOTE Tasmania is conducting totalizator betting.
[Section 57J Inserted by No. 1 of 1974, s. 22 ](1) [Section 57J Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57J Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Subject to section 57L , a dividend payable in respect of any bet is payable, in accordance with this Act and the rules, at the totalizator branch where the bet was received or at any of such other places as TOTE Tasmania may determine in that behalf.(2) [Section 57J Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57J Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Notwithstanding subsection (1) , if, before payment of a dividend payable at a totalizator branch, that branch is discontinued, that dividend may be paid at or from the principal office of TOTE Tasmania.(3) [Section 57J Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57J Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57J Subsection (3) substituted by No. 40 of 1983, s. 12 ]Where bets on an approved sporting contingency have been accepted by TOTE Tasmania, the dividends payable in respect of those bets shall be paid as soon as practicable after TOTE Tasmania is satisfied that an official decision or official result has been given with respect to the race or event on which the contingency is dependent.
57K. Manner of betting with TOTE Tasmania
[Section 57K Inserted by No. 1 of 1974, s. 22 ][Section 57K Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ](1) [Section 57K Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57K Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57K Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A bet shall not be accepted by a prescribed employee of TOTE Tasmania unless the person making the bet–(a) deposits the amount of the bet in cash at a totalizator branch; or(b) [Section 57K Subsection (1) amended by No. 107 of 1999, s. 4, Applied:22 Dec 1999] makes the bet by letter sent through the post or by telegram or telephone message received at a totalizator branch and the conditions set out in subsection (2) have been complied with; or(c) [Section 57K Subsection (1) amended by No. 107 of 1999, s. 4, Applied:22 Dec 1999] makes the bet by electronic means and the conditions set out in subsection (2) have been complied with.(2) [Section 57K Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57K Subsection (2) amended by No. 107 of 1999, s. 4, Applied:22 Dec 1999] [Section 57K Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57K Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A bet made by letter, telegram, telephone message or electronic means must not be accepted by a prescribed employee of TOTE Tasmania unless–(a) [Section 57K Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57K Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] the person making the bet has established with TOTE Tasmania, in accordance with the rules, a deposit account sufficient to pay the amount of the bet and has maintained that account up to the time of making the bet in accordance with those rules; or(b) where the bet is made by letter or telegram, the amount of the bet has been paid or transmitted to the totalizator branch where the letter or telegram is received.(3) No dividend shall be payable, nor shall any action, claim, or demand be allowed for or in respect of any bet placed or purporting to have been placed in violation of this section.(4) [Section 57K Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57K Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57K Subsection (4) amended by No. 40 of 1983, s. 13 ]No prescribed employee of TOTE Tasmania shall refuse to accept a bet offered to be made with TOTE Tasmania solely on the result of one particular race or one particular event on which an approved sporting contingency is dependent merely on the ground that the offer was made after a specified time if the offer was made at least 30 minutes before the time advertised as the starting time of that race or event or at such later time as may be prescribed as the closing time for the receipt of that bet pursuant to section 57ZR (1) (e) .
[Section 57L Inserted by No. 1 of 1974, s. 22 ](1) [Section 57L Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57L Subsection (1) substituted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] In this section –authorised deposit-taking institution means a body corporate that is an authorised deposit-taking institution for the purposes of the Banking Act 1959 of the Commonwealth;credit card means a card, issued by an authorised deposit-taking institution, that enables the holder of the card to do either or both of the following:(a) electronically operate a savings or other account with that institution;(b) electronically obtain money on credit from that institution.(1A) [Section 57L Subsection (1A) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A person may, in accordance with the rules –(a) [Section 57L Subsection (1A) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] establish and maintain a deposit account with TOTE Tasmania; and(b) close any such deposit account.(1B) [Section 57L Subsection (1B) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] [Section 57L Subsection (1B) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A payment to establish or maintain a deposit account may, subject to the rules, be made to TOTE Tasmania –(a) in person or by postal or electronic means; or(b) [Section 57L Subsection (1B) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] by another means approved by TOTE Tasmania.(1C) [Section 57L Subsection (1C) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] [Section 57L Subsection (1C) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] If the payment is made by electronic means, those means may include the use of a credit card approved by TOTE Tasmania.(1D) [Section 57L Subsection (1D) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A payment to establish a deposit account is to be at least –(a) $50.00 or a prescribed amount, whichever is greater, if the payment is made by means of a credit card; or(b) $5.00 or a prescribed amount, whichever is greater, if the payment is made by other means.(1E) [Section 57L Subsection (1E) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A payment to maintain a deposit account –(a) is to be at least $50.00 or a prescribed amount, whichever is greater, if the payment is made by means of a credit card; or(b) may be for any amount if the payment is made by other means.(1F) [Section 57L Subsection (1F) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] [Section 57L Subsection (1F) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A person may use money standing to the credit of the person's deposit account to make bets with TOTE Tasmania and any dividends that are due to the person in respect of such bets are to be credited to the account.(1G) [Section 57L Subsection (1G) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57L Subsection (1G) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] Subject to subsections (1J) and (3) , TOTE Tasmania must, on request in accordance with the rules, pay the whole or any part of the amount standing to the credit of a person's deposit account to that person.(1H) [Section 57L Subsection (1H) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] If the person requests that the whole of the amount be paid out, the account is taken to have been closed.(1J) [Section 57L Subsection (1J) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57L Subsection (1J) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A person who pays an amount of money to TOTE Tasmania by means of a credit card for the purpose of establishing or maintaining a deposit account is not entitled to withdraw or transfer that amount, or authorise the withdrawal or transfer of that amount, from the account unless the person is closing the account.(2) [Section 57L Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57L Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57L Subsection (2) amended by No. 12 of 1998, s. 4, Applied:22 May 1998] If no bets are made with TOTE Tasmania by a person on a deposit account established by him under this section for a period of 9 months, TOTE Tasmania shall, by letter posted to his last-known address, notify the person of the amount standing to his credit.(3) [Section 57L Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57L Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] If, within the period of 3 months after the posting of the notification referred to in subsection (2) , the person does not claim payment of the amount standing to his credit and no bets have been made in respect of his deposit account, TOTE Tasmania is not liable to refund any amount of money standing to the credit of that person in the account.
57M. Deduction of commission and declared payment of dividends
[Section 57M Inserted by No. 1 of 1974, s. 22 ](1) [Section 57M Subsection (1) substituted by No. 37 of 1992, s. 6 ]In this section –competitor includes a team;[Section 57M Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57M Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] total receipts means, in relation to an approved sporting contingency for which TOTE Tasmania conducts totalizator betting, the total amount of money that is paid to TOTE Tasmania by bettors in this State or elsewhere in respect of that approved sporting contingency less any amount that is refundable to such bettors by reason of the cancellation of bets or otherwise.(1A) [Section 57M Subsection (1A) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (1A) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57M Subsection (1A) inserted by No. 37 of 1992, s. 6 ][Section 57M Subsection (1A) amended by No. 99 of 1993, s. 6 ]TOTE Tasmania must, in respect of each approved sporting contingency for which it conducts totalizator betting, deduct as commission from the total receipts–(a) [Section 57M Subsection (1A) amended by No. 24 of 1998, s. 5, Applied:01 Jul 1998] an amount equal to 14.25% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the win totalizator; and(b) [Section 57M Subsection (1A) amended by No. 24 of 1998, s. 5, Applied:01 Jul 1998] an amount equal to 14.25% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the place totalizator; and(c) an amount equal to 17% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the daily double totalizator; and(d) an amount equal to 17% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the consolation double totalizator; and(e) [Section 57M Subsection (1A) amended by No. 24 of 1998, s. 5, Applied:01 Jul 1998] an amount equal to 16.5% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the forecast totalizator; and(f) [Section 57M Subsection (1A) amended by No. 24 of 1998, s. 5, Applied:01 Jul 1998] an amount equal to 19% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet in the trifecta totalizator; and(g) an amount equal to 15% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the quinella totalizator; and(h) an amount equal to 19% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the quadrella totalizator; and(i) an amount equal to 17% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the straight 6 totalizator; and(j) an amount equal to 20% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the superfecta totalizator.(1B) [Section 57M Subsection (1B) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (1B) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57M Subsection (1B) inserted by No. 37 of 1992, s. 6 ]Where TOTE Tasmania conducts totalizator betting in respect of an approved sporting contingency relating to a race or event other than a horse or greyhound race, the provisions of subsection (1A) apply to that approved sporting contingency in the same manner, but with such modifications as may be prescribed, as if that approved sporting contingency were a horse or greyhound race.(1C) [Section 57M Subsection (1C) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (1C) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57M Subsection (1C) inserted by No. 37 of 1992, s. 6 ]TOTE Tasmania must, after deducting the commission referred to in subsection (1A) from the total receipts in respect of each approved sporting contingency for which it conducts totalizator betting–(a) declare the balance of the total receipts to be the amount available for the payment of dividends for that approved sporting contingency; and(b) subject to this section– pay out the dividends to the persons entitled to them.(2) [Section 57M Subsection (2) amended by No. 37 of 1992, s. 6 ]The dividends to be paid as required by subsection (1C) shall be calculated so that the distributive share of each person entitled to share in a dividend shall in no case be less by 5 cents than the exact amount arrived at by dividing the distributable amount by the total number of tickets held by the persons so entitled.(3) [Section 57M Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57M Subsection (3) substituted by No. 40 of 1983, s. 14 ]The amount held by TOTE Tasmania by reason of the non-payment of a fraction of 5 cents referred to in subsection (2) in respect of an approved sporting contingency on which it conducts totalizator betting shall be paid by TOTE Tasmania into the Dividends Adjustment Account provided pursuant to section 57N .(4) [Section 57M Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57M Subsection (4) amended by No. 40 of 1983, s. 14 ][Section 57M Subsection (4) amended by No. 37 of 1992, s. 6 ]Where the amount invested on a totalizator conducted by TOTE Tasmania in respect of any approved sporting contingency, after the deduction referred to in subsection (1A) has been made, is insufficient to enable a dividend, calculated in accordance with the rules, of at least 50 cents to be paid, subject to subsection (5) , the amount of 50 cents shall nevertheless be declared and payable as such dividend and the difference between the amount of the dividend as so calculated and 50 cents shall be made good from the Dividends Adjustment Account.(5) [Section 57M Subsection (5) substituted by No. 40 of 1983, s. 14 ]Notwithstanding subsection (4) , where 2 or more competitors fill any one place in the race or event on which an approved sporting contingency is dependent (including first place) and, in consequence, dividends ascertained in accordance with the rules referred to in that subsection become payable in respect of more competitors or in respect of more combinations of competitors than if only one competitor had filled that place, the dividend so ascertained shall be the dividend to be declared and payable in respect of each of those competitors, or in respect of each such combination, notwithstanding that such a dividend might be less than 50 cents.(6) [Section 57M Subsection (6) inserted by No. 99 of 1993, s. 6 ]If the dividend ascertained under subsection (5) is less than 25 cents, the amount of 25 cents is nevertheless to be declared and payable as such dividend and the difference between the amount of the dividend so ascertained and 25 cents is to be made good from the Dividends Adjustment Account.
57N. Dividends Adjustment Account
[Section 57N Inserted by No. 1 of 1974, s. 22 ](1) [Section 57N Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (1) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] TOTE Tasmania shall provide in its books an account called the Dividends Adjustment Account.(2) [Section 57N Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Where an amount is incorrectly distributed as a dividend in respect of a bet made with TOTE Tasmania and that amount is greater than the amount of the dividend that should have been distributed, the amount of the difference shall be debited against the Dividends Adjustment Account.(3) [Section 57N Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Where an amount is incorrectly distributed as a dividend in respect of a bet made with TOTE Tasmania and that amount is less than the amount of the dividend that should have been distributed, the amount of the difference shall be credited to the Dividends Adjustment Account.(4) [Section 57N Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Where the amount of the dividend declared in respect of a bet made with TOTE Tasmania is less than 50 cents and TOTE Tasmania distributes an amount of 50 cents as a dividend by reason of section 57M (4) in respect of that bet, the amount of the difference between the amount of 50 cents and the amount of the dividend declared to be payable in respect of that bet shall be debited against the Dividends Adjustment Account.(5) [Section 57N Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (5) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Any balance standing to the credit or debit of the Dividends Adjustment Account at the end of each financial year shall, within two months thereafter, be transferred to or made good from (as the case requires) the revenue account of TOTE Tasmania.
57P. Unclaimed dividends and refunds
[Section 57P Substituted by No. 19 of 1979, s. 3 ](1) [Section 57P Subsection (1) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57P Subsection (1) amended by No. 83 of 1999, s. 50, Applied:01 Dec 1999] [Section 57P Subsection (1) amended by No. 83 of 1983, s. 23 ][Section 57P Subsection (1) amended by No. 22 of 1990, s. 17 ]Where–and the dividend or refund is not claimed by or on behalf of the person entitled to the dividend or refund within the period of 6 months after it becomes payable, the amount of that dividend or refund is to be included in the amount set aside under section 57QD .(a) a dividend is payable under this Part in respect of an investment made on a totalizator; or(b) a refund of the amount or part of the amount of that investment, made before or after the commencement of the Racing and Gaming Amendment Act 1979 , is payable to the bettor in accordance with regulations made under this Act–(2) The right of the holder of a ticket to which this section relates, or a person claiming through him, to recover payment of a dividend or refund in respect of that ticket shall be barred after the expiration of 6 months from the day on which the dividend or refund became payable, and no action shall thereafter be maintainable in any court for the recovery of that dividend or refund.
57Q. TOTE to retain commission as revenue
[Section 57Q Substituted by No. 90 of 1980, s. 5 ][Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 83 of 1983, s. 24 ][Section 57Q Subsection (1) amended by No. 36 of 1984, s. 5 ][Section 57Q Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57Q Subsection (1) amended by No. 40 of 1990, s. 24 ][Section 57Q Subsection (1) amended by No. 37 of 1992, s. 7 ][Section 57Q Subsection (1) amended by No. 99 of 1993, s. 7 ][Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (2) omitted by No. 36 of 1984, s. 5 ][Section 57Q Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57Q Subsection (3) amended by No. 40 of 1983, s. 15 ][Section 57Q Subsection (3) amended by No. 36 of 1984, s. 5 ][Section 57Q Substituted by No. 88 of 2000, s. 15, Applied:05 Mar 2001] TOTE Tasmania is to retain as revenue any amount deducted as commission under section 57M(1A) .
57QA. Payments to Consolidated Fund
[Section 57QA Inserted by No. 88 of 2000, s. 15, Applied:05 Mar 2001](1) In respect of the financial year starting on 1 July 2003 and in each succeeding financial year, TOTE Tasmania must pay to the Consolidated Fund an amount equivalent to 1 960 784 fee units.(2) The amount is to be paid in equal instalments quarterly in arrears with the final payment to be paid before 30 June in the relevant financial year.
57QB. Incentive payments to racing industry
[Section 57QB Inserted by No. 88 of 2000, s. 15, Applied:05 Mar 2001](1) In each financial year, TOTE Tasmania is to set aside an amount, not exceeding 25% of its net earnings for that financial year, for the benefit of the racing industry.(2) For the purposes of subsection (1) , the net earnings are taken to be the earnings in respect of each financial year after deducting all expenses other than interest payments, income tax equivalents, depreciation and amortisation.(3) The amount payable under subsection (1) and the times of payment are to be as decided by TOTE Tasmania after consultation with the shareholders.
[Section 57QC Inserted by No. 88 of 2000, s. 15, Applied:05 Mar 2001](1) TOTE Tasmania is to pay a product fee to the Tasmanian racing industry in each financial year for the conduct of race meetings (including prize money), administration, maintenance and improvement of the horse-racing and greyhound racing industries.(2) The product fee is to be equivalent to 10 092 850 fee units.(3) The amount of the product fee may be varied as agreed between TOTE Tasmania and the shareholders.(4) The product fee is to be distributed to the individual racing clubs in accordance with an agreement made between TOTE Tasmania and the individual racing clubs, specifying the conditions on which the distribution is to be made.(5) The agreement referred to in subsection (4) may include, but is not limited to, provisions dealing with the following:(a) access to facilities;(b) access to visual images or audio broadcasts of races run by the racing club.
57QD. TOTE Tasmania to set aside amount
[Section 57QD Inserted by No. 88 of 2000, s. 15, Applied:05 Mar 2001][Section 57R Inserted by No. 1 of 1974, s. 22 ][Section 57R Amended by No. 71 of 1975, s. 5 ][Section 57R Amended by No. 40 of 1983, s. 16 ][Section 57R Amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57R Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .(1) TOTE Tasmania is to set aside an amount comprising the following:(a) any unclaimed dividend or refund transferred under section 57P ;(b) any incentive payment made under section 57QB .(2) The amount set aside under subsection (1) –(a) is to be used for the benefit of the racing industry in respect of any of the matters set out in section 57E(5) ; and(b) may be used in such amounts and at such times as the Board determines.
57RA. Calculation of prizes in approved betting competitions
[Section 57RA Inserted by No. 40 of 1983, s. 17 ][Section 57S Inserted by No. 1 of 1974, s. 22 ][Section 57S Amended by No. 40 of 1983, s. 18 ][Section 57S Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57S Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57S Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 57T Substituted by No. 104 of 1977, s. 4 ][Section 57T Subsection (1) amended by No. 40 of 1983, s. 19 ][Section 57T Subsection (1) amended by No. 83 of 1983, s. 25 ][Section 57T Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57T Subsection (1) amended by No. 37 of 1992, s. 8 ][Section 57T Subsection (1) substituted by No. 83 of 1999, s. 52, Applied:01 Dec 1999] [Section 57T Subsection (3) amended by No. 40 of 1991, s. 74 ][Section 57T Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57T Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . . [Section 57TA Repealed by No. 104 of 1977, s. 5 ]. . . . . . . .(1) The following provisions apply in respect of each approved betting competition:(a) [Section 57RA Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57RA Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] TOTE Tasmania shall, for the purpose of calculating the amounts of the prizes in that competition, deduct the prescribed percentage of the total amount paid by persons who are entrants in that competition;(b) [Section 57RA Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57RA Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] after deducting the prescribed percentage of that total amount, TOTE Tasmania shall, in such manner as is prescribed in the regulations–(i) dispose of that percentage; and(ii) calculate the amounts of those prizes; and(c) [Section 57RA Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57RA Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] after calculating the amounts of those prizes, TOTE Tasmania shall pay those prizes to the persons entitled to them.(2) Regulations made for the purposes of –(a) subsection (1) (a) may prescribe different percentages in respect of different approved betting competitions; or(b) subsection (1) (b) may prescribe –(i) different manners of calculating the amounts of the prizes in different approved betting competitions; and(ii) for or in respect of the rounding off of those amounts to prescribed fractions of a dollar.
Division III - Totalizator betting by clubs
[Section 57U Inserted by No. 1 of 1974, s. 22 ](1) [Section 57U Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57U Subsection (1) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57U Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57U Subsection (1) amended by No. 89 of 1985, s. 4 ][Section 57U Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57U Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Subject to this Part, TOTE Tasmania may grant to a club committee a totalizator licence authorising the club committee during the period specified therein to conduct totalizator betting on such racecourses, and on such days other than Sunday, Christmas Day, or Good Friday, as may be specified in the licence, on and subject to such terms and conditions as are specified in the licence.(2) [Section 57U Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57U Subsection (2) amended by No. 83 of 1999, s. 53, Applied:01 Dec 1999] [Section 57U Subsection (2) inserted by No. 91 of 1994, s. 3 ][Section 57U Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]TOTE Tasmania, with the approval of the Minister, may grant to a club committee a totalizator licence authorising the club committee to conduct totalizator betting on Sundays, other than a Sunday which is Christmas Day or Easter Sunday, on any racecourses, and subject to any conditions, specified in the licence.(2A) [Section 57U Subsection (2A) inserted by No. 91 of 1994, s. 3 ][Section 57U Subsection (2A) omitted by No. 20 of 1997, s. 4, Applied:28 Jun 1997] . . . . . . . .(3) [Section 57U Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57U Subsection (3) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57U Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57U Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 57U Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where a race meeting is postponed or abandoned, the totalizator licence granted in respect thereof may be altered by TOTE Tasmania to apply to any day to which the meeting is postponed or which is allotted for conducting a meeting in place of the meeting so abandoned.(4) [Section 57U Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57U Subsection (4) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57U Subsection (4) amended by No. 85 of 1976, s. 3 ][Section 57U Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57U Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 57U Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where a club committee applies to have specified in a totalizator licence a day that, in the opinion of TOTE Tasmania, is generally recognized by the public as set apart for holding an annual function in connection with some recognized sport other than horse-racing, and that function is to be held within a radius of 40 kilometres from the racecourse in respect of which the application is made, TOTE Tasmania may, in its absolute discretion, refuse to specify that day in a totalizator licence as a day on which totalizator betting may be conducted by the club committee.
57V. Restriction on issue of totalizator licences
[Section 57V Inserted by No. 1 of 1974, s. 22 ](1) [Section 57V Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57V Subsection (1) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57V Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57V Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57V Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]No totalizator licence shall be granted by TOTE Tasmania other than to a club committee of a registered club.(2) [Section 57V Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57V Subsection (2) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57V Subsection (2) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57V Subsection (2) amended by No. 83 of 1999, s. 54, Applied:01 Dec 1999] [Section 57V Subsection (2) amended by No. 83 of 1983, s. 26 and s. 31 and Sched. 1 ][Section 57V Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 57V Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]If TOTE Tasmania is not satisfied that a club committee to which a totalizator licence is granted has applied any moneys, retained by the club committee by way of commission or otherwise, in accordance with the provisions of this Part, TOTE Tasmania shall not grant any further totalizator licences to that club committee and may revoke any existing licence until it has made such restitution as in TOTE Tasmania's opinion will satisfy the requirements of this Act.
[Section 57W Inserted by No. 1 of 1974, s. 22 ][Section 57W Amended by No. 52 of 1995, s. 3 and Sched. 1 ]The classes of totalizator that a club committee may conduct shall be those specified in section 57G , and the provisions of subsection (2) of that section shall be applied in the conduct of a totalizator by a club committee.
57X. Co-ordination with TOTE Tasmania and payment of dividends by clubs
[Section 57X Inserted by No. 1 of 1974, s. 22 ](1) [Section 57X Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57X Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57X Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57X Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Subject to subsection (2) , a club committee shall, in accordance with the rules or as TOTE Tasmania may direct, communicate to TOTE Tasmania the total amount paid to the club committee by bettors in relation to each horse race or greyhound racing event in respect of which the club committee conducts totalizator betting.(2) [Section 57X Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57X Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] A club committee shall not be required to conform to subsection (1) in any case in which TOTE Tasmania is not conducting totalizator betting in respect of a race or event referred to in that subsection.(3) [Section 57X Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57X Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57X Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 57X Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]In calculating for the purposes of section 57M the total amount paid by bettors in relation to any horse race or greyhound racing event, TOTE Tasmania shall include the amounts communicated to it as required by subsection (1) .(4) [Section 57X Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57X Subsection (4) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57X Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 57X Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]TOTE Tasmania shall, after calculating the dividends to be paid in respect of a horse race or greyhound racing event, communicate the amount thereof to any club committee which gave it information as required by subsection (1) and the dividend to be paid by the club committee shall be in accordance with the amount so communicated.
57Y. Provisions relating to TOTE Tasmania of application to committees conducting totalizator betting
[Section 57Y Inserted by No. 1 of 1974, s. 22 ][Section 57Y Amended by No. 19 of 1979, s. 4 ][Section 57Y Amended by No. 37 of 1992, s. 9 ][Section 57Y Amended by No. 52 of 1995, s. 3 and Sched. 1 ]The provisions of –[Section 57YA Inserted by No. 19 of 1979, s. 5 ][Section 57YA Amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57YA Amended by No. 22 of 1990, s. 17 ][Section 57YA Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57YA Amended by No. 83 of 1999, s. 55, Applied:01 Dec 1999] [Section 57YA Substituted by No. 21 of 2000, s. 29, Applied:01 Jul 2000] [Section 57YA Repealed by No. 88 of 2000, s. 16, Applied:05 Mar 2001] . . . . . . . . [Section 57Z Inserted by No. 1 of 1974, s. 22 ][Section 57Z Subsection (1) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57Z Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57Z Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57Z Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57Z Repealed by No. 88 of 2000, s. 16, Applied:05 Mar 2001] . . . . . . . . [Section 57ZA Inserted by No. 1 of 1974, s. 22 ][Section 57ZA Amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZA Amended by No. 22 of 1990, s. 17 ][Section 57ZA Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 57ZA Amended by No. 83 of 1999, s. 56, Applied:01 Dec 1999] [Section 57ZA Repealed by No. 88 of 2000, s. 16, Applied:05 Mar 2001] . . . . . . . . [Section 57ZB Inserted by No. 1 of 1974, s. 22 ][Section 57ZB Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57ZB Substituted by No. 83 of 1999, s. 57, Applied:01 Dec 1999] [Section 57ZB Repealed by No. 88 of 2000, s. 16, Applied:05 Mar 2001] . . . . . . . .(a) section 57M (as to deduction of commission and payment of dividends);(b) section 57P (as to unclaimed dividends or unclaimed refunds); and(c) [Section 57Y Amended by No. 88 of 2000, s. 16, Applied:05 Mar 2001] section 57Q (as to disbursement of totalizator commission) –shall apply to a club committee that conducts totalizator betting as if –(d) [Section 57Y Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57Y Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] a reference therein to TOTE Tasmania were a reference to the club committee;(e) a reference therein to unclaimed dividends or unclaimed refunds were a reference to unclaimed dividends or unclaimed refunds in the hands of the club committee; and(f) a reference therein to a revenue account were a reference to a revenue account maintained by the club committee.
57ZC. Time for closing totalizators
[Section 57ZC Inserted by No. 1 of 1974, s. 22 ](1) [Section 57ZC Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Except as provided by subsection (2) , a club committee conducting a totalizator shall cause the totalizator to be closed at the time advertised for the starting of each race, and shall not sell or permit to be sold therefrom a ticket in respect of a race after the time so advertised or, where the time is extended, after the extended time.(2) [Section 57ZC Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where it is impracticable for any reason to start a race at the time advertised for the starting of that race, the club committee, with the consent of the supervisor appointed under section 57ZF having the supervision of the totalizator, may alter the starting times for that race and for any subsequent race on that day and thereupon the times as so altered shall be the respective times for the closing of the totalizator as required by subsection (1) .
57ZD. TAB may conduct totalizator betting on behalf of committee
[Section 57ZD Inserted by No. 1 of 1974, s. 22 ][Section 57ZD Subsection (2) amended by No. 50 of 1996, s. 11 ](1) [Section 57ZD Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZD Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZD Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A club committee, being the holder of a totalizator licence, may request TOTE Tasmania to conduct totalizator betting for and on behalf of the club committee.(2) [Section 57ZD Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A request under subsection (1) may be in respect of one race meeting or betting-only meeting or of more than one race meeting or betting-only meeting to be conducted by the club committee making the request, or of all race meetings and betting-only meetings to be so conducted.(3) [Section 57ZD Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZD Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZD Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where TOTE Tasmania complies with a request under this section, it may, subject to this Act in relation to club committees and clubs, conduct totalizator betting for and on behalf of the club committee making the request in premises and using facilities provided by that club committee and, in relation to TOTE Tasmania so conducting totalizator betting, references in this Act to a club committee shall be deemed to include a reference to TOTE Tasmania.
57ZE. TAB may provide off-course facilities in relation to totalizator betting by club committees
[Section 57ZE Inserted by No. 1 of 1974, s. 22 ](1) [Section 57ZE Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZE Subsection (1) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] TOTE Tasmania may, at such branches as it thinks fit, act as the agent of a club committee which is the holder of a totalizator licence in relation to totalizator betting being conducted by the club committee.(2) [Section 57ZE Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZE Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZE Subsection (2) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZE Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]When acting as an agent for a club committee TOTE Tasmania shall communicate to the club committee the total amount paid to TOTE Tasmania by bettors in relation to each horse race or greyhound racing event in respect of which the club committee conducts totalizator betting.(3) [Section 57ZE Subsection (3) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZE Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]In calculating for the purposes of section 57Y (a) the total amount paid by bettors in relation to any horse race or greyhound racing event, a club committee shall include any amounts communicated to it under subsection (2) .(4) [Section 57ZE Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZE Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZE Subsection (4) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZE Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where TOTE Tasmania is acting as the agent of a club committee, the club committee shall, after calculating the dividends to be paid in respect of a horse race or greyhound racing event, communicate the amount thereof to TOTE Tasmania.(5) [Section 57ZE Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZE Subsection (5) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZE Subsection (5) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZE Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ]When TOTE Tasmania acts as an agent for a club committee under this section in respect of any horse race or greyhound racing event, TOTE Tasmania shall, for the purpose of section 57M in relation to deductions from money paid by bettors to TOTE Tasmania, and section 57Q , be deemed to be conducting totalizator betting in respect of that horse race or greyhound racing event.
Division IV - Supervision of totalizators; Offences in relation to totalizators
57ZF. Supervision of totalizators
[Section 57ZF Inserted by No. 1 of 1974, s. 22 ](1) [Section 57ZF Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZF Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZF Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZF Subsection (1) amended by No. 22 of 1990, s. 17 ]The conduct of totalizator betting on a racecourse (not being totalizator betting being conducted by TOTE Tasmania under section 57ZD ) shall be under the direct supervision of such persons as may be appointed by TOTE Tasmania in that behalf, (which appointments TOTE Tasmania is by this section authorised to make) in this section referred to as "supervisors".(2) [Section 57ZF Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZF Subsection (2) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57ZF Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZF Subsection (2) amended by No. 22 of 1990, s. 17 ]Each supervisor shall receive such fee as TOTE Tasmania may in each case determine.(3) [Section 57ZF Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZF Subsection (3) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57ZF Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZF Subsection (3) amended by No. 22 of 1990, s. 17 ]The fees to be paid to supervisors shall be paid by TOTE Tasmania as part of the costs of the administration of this Act.(4) [Section 57ZF Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Supervisors shall, at all times, have free access to totalizators conducted by club committees and shall be entitled to inspect and check all moneys, books, tickets, vouchers, and other documents in, or used in connection with, those totalizators.(5) [Section 57ZF Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZF Subsection (5) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57ZF Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZF Subsection (5) amended by No. 22 of 1990, s. 17 ]A supervisor shall furnish a report to TOTE Tasmania as to the working of a totalizator at any time under his supervision and the conduct of the persons in charge of it.
57ZG. Prohibition of conduct of totalizator betting except by TAB or under licence
[Section 57ZG Inserted by No. 1 of 1974, s. 22 ][Section 57ZG Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 57ZG Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 57ZG Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57ZG Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZG Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] No person (other than a prescribed employee of TOTE Tasmania duly authorised in that behalf) shall, except under the authority of a totalizator licence granted under this Part, conduct totalizator betting or cause or permit totalizator betting to be conducted.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months in respect of a first offence and a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months in respect of a subsequent offence.
57ZH. Offences in relation to conduct of totalizator betting under licence
[Section 57ZH Inserted by No. 1 of 1974, s. 22 ](1) [Section 57ZH Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZH Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZH Subsection (1) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZH Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]No person (other than a prescribed employee of TOTE Tasmania duly authorised in that behalf) shall conduct totalizator betting–(a) except–(i) under the authority, and in accordance with the terms and conditions, of a totalizator licence;(ii) on a racecourse, and on a day, specified in that behalf in a totalizator licence;(iii) on a racecourse during the time when the racecourse is in use by a club committee for the purpose of conducting a race meeting; or(iv) under the direction and control of the club committee that for the time being has the charge and control of the racecourse on which the totalizator is used; or(b) in respect of any event or contingency other than an event in which galloping-horses or trotting-horses are competing, or a greyhound racing event, held on a racecourse to which the foregoing provisions of this subsection relate or on some racecourse elsewhere than in this State, on a day in respect of which the totalizator licence is granted, or, in the case of a double contingency in respect of two races partly on that racecourse on that day and partly on the same or some other racecourse on the same or some other day.(2) [Section 57ZH Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 57ZH Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person, being the secretary of a club or having the possession or control of the books, vouchers, or documents of a club shall fail or refuse –a person lawfully demanding the production thereof or to be permitted to take extracts therefrom or to make copies thereof.(a) to produce those books, vouchers, or documents to; or(b) to permit extracts to be taken therefrom, or copies thereof to be made, by –Penalty: Fine not exceeding 20 penalty units.
57ZJ. Offences in relation to conduct of totalizators
[Section 57ZJ Inserted by No. 1 of 1974, s. 22 ][Section 57ZJ Amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 57ZJ Amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who –shall be guilty of an offence against this Act.(a) having the management or control of any totalizator, authorises or permits the premises to be constituted or used, or any act or thing to be done or omitted to be done on or in relation thereto in contravention of or failure of compliance with this Act;(b) having the management or control of or being employed or acting in any capacity in connection with any totalizator, accepts from any person any bet which is prohibited by or does not conform to this Act;(c) not being a person lawfully managing or controlling or being employed in any totalizator, sells any ticket purporting to be, or being, a totalizator ticket; or(d) purchases any ticket purporting to be, or being, a totalizator ticket from any person not authorised to sell the same –Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months in respect of a first offence, a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months in respect of a second offence and imprisonment for a term not exceeding 12 months in respect of a subsequent offence.
57ZK. Penalty for unlawfully acting as totalizator officer or employee
[Section 57ZK Inserted by No. 1 of 1974, s. 22 ][Section 57ZK Amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 57ZK Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 57ZK Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57ZK Amended by No. 83 of 1999, s. 58, Applied:01 Dec 1999] [Section 57ZK Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] A person, not being a prescribed employee of TOTE Tasmania or an employee of a club committee acting in the course of his functions as such who, for fee, commission, reward, share, or interest of any kind, or on any understanding or agreement whether expressed or implied for any such fee, commission, reward, share, or interest receives from any other person any money for the purpose of depositing or betting with, that money on a totalizator shall be guilty of an offence against this Act.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months in respect of a first offence and imprisonment for a term not exceeding 6 months in respect of a subsequent offence.
57ZL. Offences by totalizator officers and employees
[Section 57ZL Inserted by No. 1 of 1974, s. 22 ][Section 57ZL Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 57ZL Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person being employed in a totalizator shall intentionally –(a) receive or permit to be received a bet in respect of a horse race or greyhound racing event after the prescribed time for the cessation of betting in relation to that race or event;(b) accept a bet from, or pay money or deliver a totalizator ticket to, any person apparently under the age of 18 years, being a person who is under that age;(c) accept a bet from, or pay money or deliver a totalizator ticket to, a person apparently under the influence of intoxicating liquor; or(d) subject to section 57ZP , permit a person apparently under the age of 18 years being a person who is under that age, or a person apparently under the influence of intoxicating liquor, to enter or remain in a totalizator while it is open for the lodging and receiving of bets, except, in the case of a person under the age of 18 years, when that person is entering the premises in the course of his lawful calling or employment.Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units in respect of a subsequent offence.
57ZM. Offences by under-age persons in totalizators
[Section 57ZM Inserted by No. 1 of 1974, s. 22 ][Section 57ZM Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 57ZM Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person being under the age of 18 years shall –(a) subject to section 57ZP , enter or remain in any totalizator while it is open for the lodging or receiving of bets except in the course of his lawful calling or employment;(b) make a bet by means of a totalizator; or(c) instigate any other person to make a bet for him by means of a totalizator.Penalty: Fine not exceeding 20 penalty units.
[Section 57ZN Inserted by No. 1 of 1974, s. 22 ][Section 57ZN Amended by No. 40 of 1983, s. 20 and s. 44 and Sched. 1 ][Section 57ZN Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall knowingly –(a) subject to section 57ZP , take a person under the age of 18 years into any totalizator unless in the course of that person's lawful calling or employment;(b) take intoxicating liquor or any noxious substance into a totalizator;(c) make a bet in a totalizator for a person under the age of 18 years or for a person prohibited from entering a totalizator;(d) instigate, or cause or permit, a person under the age of 18 years to make a bet by means of a totalizator; or(e) subject to section 57ZP , instigate, or cause or permit, a person under the age of 18 years to enter or remain in a totalizator, except in the course of that person's lawful calling or employment.Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units in respect of a subsequent offence.
57ZP. Persons under 18 years in totalizators
[Section 57ZP Substituted by No. 39 of 1991, s. 6 ]It is not an offence against this Act to permit a person who is under the age of 18 years to enter or remain in a totalizator or to take such a person into a totalizator if –(a) the person is in the company of a parent or guardian or a spouse who is 18 years of age or more; and(b) the totalizator is –(i) a part of licensed premises (as defined by the Liquor and Accommodation Act 1990 ) where, at the relevant time, people who are under the age of 18 years are permitted to enter or remain; or(ii) on part of a registered racecourse.
57ZQ. Removal of persons from totalizator
[Section 57ZQ Inserted by No. 1 of 1974, s. 22 ](1) The person for the time being in charge of a totalizator may –(a) at any time request any person who is in the totalizator and who, in the opinion of the person so in charge, has since entering the totalizator committed, or is committing, an offence against this Act or has failed to comply with, or has acted in contravention of, this Act or the rules, or who is under the influence of liquor or who is behaving in a disorderly manner, to leave those premises; and(b) use all reasonable and necessary force to eject from those premises any person who, having been so requested to leave, neglects or refuses forthwith to do so.(2) A member of the police force, at the request of the person for the time being in charge of any totalizator, shall eject or assist in ejecting from the totalizator any person who, having been requested by the person so in charge, acting under subsection (1) , to leave, neglects or refuses forthwith to do so.(3) No person for the time being in charge of a totalizator or member of the police force acting in good faith in the exercise or intended exercise of the powers conferred on him under this section shall be liable to any proceedings, civil or criminal, in consequence of his having so acted.(4) [Section 57ZQ Subsection (4) substituted by No. 40 of 1983, s. 21 ][Section 57ZQ Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who does not leave the premises of a totalizator when requested to do so under this section is guilty of an offence against this Act and is liable on summary conviction to a fine not exceeding 20 penalty units.(5) [Section 57ZQ Subsection (5) inserted by No. 40 of 1983, s. 21 ][Section 57ZQ Subsection (5) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who has been ejected from the premises of a totalizator pursuant to this section shall not, during the day on which he has been so ejected from those premises, re-enter them or be in the premises of any other totalizator.Penalty: Fine not exceeding 20 penalty units.(6) [Section 57ZQ Subsection (6) inserted by No. 40 of 1983, s. 21 ][Section 57ZQ Subsection (6) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who has left the premises of a totalizator pursuant to a request under this section shall not, during the day on which he has so left those premises, re-enter them or be in the premises of any other totalizator.Penalty: Fine not exceeding 20 penalty units.(7) [Section 57ZQ Subsection (7) inserted by No. 40 of 1983, s. 21 ]A police officer may arrest without warrant a person who contravenes subsection (4) or (5) .
[Section 57ZR Inserted by No. 1 of 1974, s. 22 ](1) [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 40 of 1983, s. 22 ][Section 57ZR Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]TOTE Tasmania may, with the approval of the Minister, make rules (not inconsistent with this Act)–(a) . . . . . . . .(b) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] prescribing terms and conditions and other matters governing the conduct of totalizator betting including terms and conditions under which bets generally or bets of any class will be accepted or refused by or on behalf of TOTE Tasmania, the calculation and payment of dividends, and the establishment and conduct of totalizator pools by TOTE Tasmania;(ba) providing for the payment of dividends or refunds on totalizator tickets that have been lost or destroyed, including, without prejudice to the generality of the foregoing, providing for the making of claims with respect to the payment of those dividends or refunds;(bb) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] providing that such a claim shall be verified, to the satisfaction of TOTE Tasmania, by statutory declaration by the claimant or otherwise as provided in the rules;(c) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] regulating the transmission of bets and any other information between branches of TOTE Tasmania and between club committees conducting totalizator betting and TOTE Tasmania;(d) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] providing for adjustments, between TOTE Tasmania and any club committee, in respect of payments on account of commission and of shares of dividends;(e) prescribing the closing times for the receipt of bets at totalizator branches, the method of identification of persons offering to make bets, the manner of acknowledging bets made (whether by the issue of tickets or otherwise) and the manner of recording bets made; and(f) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] dealing with any other matters required or permitted by this Act to be dealt with by the rules of TOTE Tasmania.(2) [Section 57ZR Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZR Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] All rules made by TOTE Tasmania shall be published in the Gazette and shall be effective from the date of such publication.
PART IVA - . . . . . . . .[Part IVA Repealed by No. 83 of 1983, s. 27 ][Section 57ZS Repealed by No. 83 of 1983, s. 27 ]. . . . . . . . [Section 57ZT Repealed by No. 83 of 1983, s. 27 ]. . . . . . . . [Section 57ZU Repealed by No. 83 of 1983, s. 27 ]. . . . . . . . [Section 57ZV Repealed by No. 83 of 1983, s. 27 ]. . . . . . . . [Section 57ZW Repealed by No. 83 of 1983, s. 27 ]. . . . . . . . [Section 57ZX Repealed by No. 83 of 1983, s. 27 ]. . . . . . . . [Section 57ZY Repealed by No. 83 of 1983, s. 27 ]. . . . . . . .
PART V - Provisions Relating to Betting by and with Bookmakers
Division I - [Part V, Div I Heading inserted by No. 32 of 1994, s. 5 ]Registration[Section 58 Substituted by No. 5 of 1990, s. 10 and Sched. 1 ][Section 58 Repealed by No. 83 of 1999, s. 59, Applied:01 Dec 1999] . . . . . . . .
59. Registration of bookmakers and bookmakers' clerks
(1) [Section 59 Subsection (1) amended by No. 85 of 1957, s. 4 ][Section 59 Subsection (1) amended by No. 55 of 1965, s. 5 ]An application for registration as a bookmaker or as a bookmaker's clerk –(a) [Section 59 Subsection (1) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] shall be made to the Director;(b) shall be in writing and shall contain the prescribed particulars; and(c) shall be accompanied by a fee of –(i) $100, in the case of an application for registration as a bookmaker; or(ii) $10, in the case of an application for registration as a bookmaker's clerk.(2) [Section 59 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (2) amended by No. 22 of 1990, s. 17 ]Without prejudice to the generality of section 119 (2) (a) , the Director may grant or refuse an application under this section, but, if an application is refused, the applicant shall be entitled to a refund of the fee paid on the making of the application.(3) [Section 59 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (3) substituted by No. 1 of 1974, s. 23 ]Subject to this Part, a bookmaker shall carry on business as a bookmaker in accordance with such directions (if any) as the Director, either generally or in a particular case, may give.(4) [Section 59 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (4) substituted by No. 1 of 1974, s. 23 ]For the purpose of subsection (3) directions which the Director may give to a bookmaker may have reference to, or include a reference to, the racecourses, and places (if any), where, and the times when, the bookmaker may carry on business as a bookmaker.(4A) [Section 59 Subsection (4A) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (4A) inserted by No. 1 of 1974, s. 23 ][Section 59 Subsection (4A) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (4A) amended by No. 32 of 1994, s. 6 ]Notwithstanding subsection (4) , the Director shall not direct a bookmaker to carry on business as a bookmaker under Division II at any place not being a racecourse except for the purpose of settling bets made with the bookmaker at a racecourse.(4B) [Section 59 Subsection (4B) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (4B) inserted by No. 1 of 1974, s. 23 ][Section 59 Subsection (4B) amended by No. 83 of 1983, s. 31 and Sched. 1 ]A direction of the Director may relate to supervision of the conduct of business at a place other than a racecourse where the bookmaker to whom the direction is given settles bets made with him at a racecourse.(5) A certificate of registration as a bookmaker's clerk, while in force, shall entitle the holder to act as a clerk to a bookmaker.(6) A certificate of registration under this Part shall expire on 31st July next after it is granted, unless it is expressed to take effect only until an earlier date, in which case it shall expire on that earlier date.(7) [Section 59 Subsection (7) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (7) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (7) amended by No. 22 of 1990, s. 17 ]Where the Director grants a certificate of registration for a period of less than one year, the fee payable in respect thereof shall be a proportionate part only of the fee prescribed by subsection (1) in respect of a certificate of the like kind.(8) [Section 59 Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (8) substituted by No. 71 of 1955, s. 9 ][Section 59 Subsection (8) amended by No. 83 of 1983, s. 31 ][Section 59 Subsection (8) amended by No. 22 of 1990, s. 17 ]Where a bookmaker is temporarily unable, owing to illness or other unavoidable cause, or for any other reason approved by the Director, to carry on his business, the Director may, in its absolute discretion, or a person authorised by the Director under subsection (8A) may, subject to that subsection, but otherwise in his absolute discretion, grant a substitute certificate of registration to some person approved by the Director or the firstmentioned person to act in the bookmaker's stead for such period as may be specified in the certificate.(8A) [Section 59 Subsection (8A) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (8A) inserted by No. 71 of 1955, s. 9 ][Section 59 Subsection (8A) amended by No. 83 of 1983, s. 31 ][Section 59 Subsection (8A) amended by No. 22 of 1990, s. 17 ]For the purposes of subsection (8) , substitute certificates of registration may be granted by any person who is authorised in that behalf, in writing, by the Director, but persons who are so authorised shall, in granting substitute certificates of registration, comply with such conditions and directions as the Director may impose or give, either generally or in particular cases.(8B) [Section 59 Subsection (8B) inserted by No. 71 of 1955, s. 9 ]A substitute certificate of registration under subsection (8) has effect to authorise the person to whom it is granted to carry on the business of the relevant bookmaker on his behalf during the period specified in the certificate.(9) A person to whom a substitute certificate is granted pursuant to subsection (8) shall be subject to the same liability in all respects as if he were a registered bookmaker, and the bookmaker shall be responsible for all the acts of that person acting, or purporting to act, on his behalf.(10) [Section 59 Subsection (10) omitted by No. 1 of 1974, s. 23 ]. . . . . . . .(11) [Section 59 Subsection (11) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (11) amended by No. 1 of 1974, s. 23 ][Section 59 Subsection (11) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (11) amended by No. 22 of 1990, s. 17 ][Section 59 Subsection (11) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where a bookmaker is excluded from a racecourse by the club committee or stewards for the time being having the control of the racecourse he shall, for the purposes of any direction which the Director may have given requiring the bookmaker to carry on business at that racecourse, be deemed to have been excused by the Director from carrying on business on that racecourse for the period for which he is so excluded.(12) [Section 59 Subsection (12) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (12) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 59 Subsection (12) amended by No. 1 of 1974, s. 23 ][Section 59 Subsection (12) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (12) amended by No. 22 of 1990, s. 17 ]Notwithstanding anything contained in this Act, the Director shall not direct a bookmaker to carry on business as a bookmaker on a racecourse that is situated at a greater distance than 50 kilometres from his place of residence.(12A) [Section 59 Subsection (12A) inserted by No. 42 of 1961, s. 8 ][Section 59 Subsection (12A) amended by No. 40 of 1983, s. 25 ]Nothing in this section authorises or requires a bookmaker to carry on business as such on a racecourse while there is being conducted thereon any horse-racing, or any meeting for horse-racing or at which horse-racing takes place, unless that horse-racing takes place at, or that meeting is, such a race meeting as is referred to in section 20 (2) (a) or a meeting conducted by the Flinders Island Trotting Club in accordance with a permit granted under section 20B .(13) [Section 59 Subsection (13) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (13) amended by No. 83 of 1999, s. 60, Applied:01 Dec 1999] [Section 59 Subsection (13) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (13) amended by No. 22 of 1990, s. 17 ]Except as provided by section 61 , the decision of the Director with respect to an application for registration under this section shall be final and shall not be subject to appeal.(14) [Section 59 Subsection (14) omitted by No. 1 of 1974, s. 23 ]. . . . . . . .(15) [Section 59 Subsection (15) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (15) added by No. 10 of 1971, s. 12 ][Section 59 Subsection (15) amended by No. 83 of 1983, s. 31 ][Section 59 Subsection (15) amended by No. 22 of 1990, s. 17 ]Subject to subsection (2) all fees payable under this section shall be paid to the Director.
59A. Provisional certificate of registration as a bookmaker
[Section 59A Inserted by No. 71 of 1955, s. 10 ](1) [Section 59A Subsection (1) amended by No. 83 of 1999, Sched. 3, Applied:01 Dec 1999] [Section 59A Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59A Subsection (1) amended by No. 22 of 1990, s. 17 ]Upon receipt of an application for registration as a bookmaker by a person who has never before been registered as a bookmaker under this or any corresponding previous enactment the Director may, in his or her absolute discretion, grant to that person a provisional certificate of registration as a bookmaker.(2) [Section 59A Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59A Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59A Subsection (2) amended by No. 22 of 1990, s. 17 ]A provisional certificate of registration under this section, subject to the observance by the holder thereof of such conditions (if any) as the Director may impose and as may be specified in the certificate–(a) [Section 59A Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] shall, unless it is sooner cancelled, remain in force for such period, not exceeding 12 months after it is granted, as may be specified therein, but may be extended for such further period or periods, not exceeding 12 months in the aggregate, as the Director may think fit;(b) while in force, shall entitle the holder thereof to carry on the business of a bookmaker as if it were a certificate of registration under section 59 ; and(c) [Section 59A Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] may, in the absolute discretion of the Director, be cancelled by the Director at any time by notice in writing to the holder thereof.(3) The cancellation of a provisional certificate of registration under this section is not subject to appeal.(4) Subject to this section, the provisions of this Part (other than sections 60 and 63 ), so far as they are applicable, apply to a provisional certificate of registration under this section and to the holder thereof, as if the certificate were a certificate of registration under section 59 and the holder thereof were the holder of a certificate of registration under that section.
60. Cancellation, &c., of certificates of registration on certain convictions
[Section 60 Substituted by No. 10 of 1971, s. 13 ](1) Where a bookmaker has been convicted of an offence under any of the following provisions of this Act:his certificate of registration is cancelled.(a) section 77 (1) (b) or (c) ;(b) section 77 (1) (f) (i) or (ii) ;(c) section 93 ;(d) section 95 ;(e) section 99 –(2) [Section 60 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 2 ][Section 60 Subsection (2) amended by No. 22 of 1990, s. 17 ]Where a bookmaker has been charged with an offence referred to in subsection (1) and any court has recorded a conviction on that charge (whether or not any appeal or other proceedings may be taken in relation thereto) the Director may suspend his certificate of registration as a bookmaker until the conclusion of the proceedings on that charge.
60AA. Cancellation, &c., of certificates of registration in other cases of misconduct, &c.
[Section 60AA Inserted by No. 10 of 1971, s. 13 ](1) [Section 60AA Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 60AA Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 60AA Subsection (1) amended by No. 70 of 1994, s. 5 ]Where the Director is satisfied, on an inquiry made in accordance with this section, that a bookmaker has–it may cancel, or suspend for such period as it may determine, his certificate of registration as a bookmaker or impose on him a fine not exceeding 20 penalty units.(a) contravened or failed to comply with any of the provisions of this Act;(b) failed to comply with any condition of his certificate of registration;(ba) failed to comply with any conditions of a telephone betting endorsement on his or her certificate of registration;(c) failed to observe the Rules of Racing in any respect;(d) made default in payment of any bet; or(e) been guilty of misconduct in relation to his carrying on the business of bookmaker–(1A) [Section 60AA Subsection (1A) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AA Subsection (1A) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (1A) inserted by No. 70 of 1994, s. 5 ]In a case to which subsection (1) (ba) applies, the Director, if he or she considers it appropriate to do so, may cancel the endorsement, or suspend the endorsement for such period as he or she may determine, as an alternative to taking action under that subsection.(2) [Section 60AA Subsection (2) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (2) amended by No. 70 of 1994, s. 5 ]The Director is not to exercise his or her powers under subsection (1) or (1A) in respect of an offence with which a bookmaker has been charged unless that charge is withdrawn.(3) [Section 60AA Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AA Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (3) amended by No. 22 of 1990, s. 17 ]Where a bookmaker has been convicted–the Director, on an inquiry made in accordance with this section, may cancel, or suspend for such period as he or she may determine, his certificate of registration as a bookmaker.(a) of an offence under this Act (not being such an offence as is referred to in section 60 (1) ); or(b) [Section 60AA Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] of an offence (not being an offence under this Act) of such a nature that, in the opinion of the Director, renders it improper that the bookmaker should be allowed to carry on, at least for the time being, the business of bookmaker–(4) [Section 60AA Subsection (4) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AA Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (4) amended by No. 22 of 1990, s. 17 ]Where the Director suspends the certificate of registration of a bookmaker under this section he or she may also order that the bookmaker be disqualified from the grant of a certificate of registration as a bookmaker for such period after the date on which the certificate of registration that is suspended would, but for its suspension, have expired as the Director may think fit.(5) [Section 60AA Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (5) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (5) amended by No. 70 of 1994, s. 5 ]Where the Director proposes, for the purposes of this section, to hold an inquiry into any matter he or she is to serve on the bookmaker a notice in writing specifying the matter in relation to which the inquiry is to be held and requiring him to appear before the Director, on the holding of the inquiry, at such place and at such time as may be specified in the notice, to show cause why action should not be taken against him by the Director under subsection (1) , (1A) or (3) , as the case may be.(6) [Section 60AA Subsection (6) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (6) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (6) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (6) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (6) amended by No. 70 of 1994, s. 5 ]Where the Director, under this section, cancels or suspends the certificate of registration of a bookmaker, or cancels or suspends a telephone betting endorsement on a bookmaker's certificate of registration, or orders him to be disqualified from the grant of such a certificate, or imposes a penalty on him or her the Director is to notify him or her in writing of the Director's decision and of the grounds thereof.(7) [Section 60AA Subsection (7) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (7) amended by No. 70 of 1994, s. 5 ]A person who is aggrieved by the cancellation or suspension under this section of his certificate of registration, or by the cancellation or suspension under this section of a telephone betting endorsement on that certificate of registration, or by any fine or disqualification imposed on him thereunder, may appeal to RAB.(8) [Section 60AA Subsection (8) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (8) omitted by No. 83 of 1999, s. 61, Applied:01 Dec 1999] . . . . . . . .(9) [Section 60AA Subsection (9) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (9) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (9) amended by No. 22 of 1990, s. 17 ]Any penalty imposed on a person under this section may be recovered from him as a debt due to the Director.
60AAB. Cancellation of registration on grounds of insufficient assets
[Section 60AAB Inserted by No. 10 of 1971, s. 13 ](1) [Section 60AAB Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AAB Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AAB Subsection (1) amended by No. 22 of 1990, s. 17 ]In accordance with this section the Director may hold an inquiry to determine whether a bookmaker has sufficient assets to enable him satisfactorily to carry on business as a bookmaker.(2) [Section 60AAB Subsection (2) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AAB Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AAB Subsection (2) amended by No. 22 of 1990, s. 17 ]Where the Director proposes to hold an inquiry under this section he or she shall serve on the bookmaker a notice in writing stating that he or she intends to do so and requiring him to appear before the Director, on the holding of the inquiry, at such place and at such time as may be specified in the notice, to satisfy the Director that his assets are sufficient to enable him satisfactorily to carry on his business as a bookmaker.(3) [Section 60AAB Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AAB Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AAB Subsection (3) amended by No. 22 of 1990, s. 17 ]If, on an inquiry under this section, the Director is not satisfied that the bookmaker has sufficient assets to enable him satisfactorily to carry on business as a bookmaker he or she may cancel his certificate of registration.(4) [Section 60AAB Subsection (4) amended by No. 83 of 1999, s. 62, Applied:01 Dec 1999] A person who is aggrieved by the cancellation of his certificate of registration under this section may appeal to RAB.
60AAC. General provisions as to inquiries
[Section 60AAC Inserted by No. 10 of 1971, s. 13 ](1) [Section 60AAC Subsection (1) substituted by No. 71 of 1995, s. 3 and Sched. 1 ]Except as provided by this section, section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply in relation to an inquiry under section 60AA or 60AAB into a matter as if –(a) [Section 60AAC Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the Director were a Commission established under section 4 of that Act ; and(b) the inquiry were the inquiry being conducted by that Commission under that Act.(2) A bookmaker is entitled to be represented by a legal practitioner or an agent at any such inquiry as is referred to in subsection (1) .(3) The provisions of section 112 apply to proceedings at an inquiry under section 60AA as they apply to proceedings on the hearing of a charge for an offence under this Act; and for the purposes of this section the notice served under subsection (5) of that section in relation to the inquiry shall be treated as a complaint for an offence and any allegation therein as allegations in the complaint.
60A. Surrender of certificate of registration
[Section 60A Inserted by No. 42 of 1961, s. 9 ]Where the holder of a certificate of registration under this Part surrenders the certificate, that certificate and the registration under this Part to which the certificate relates shall cease to have effect and shall be deemed to have been cancelled.
61. Refusal of application for registration
[Section 61 Amended by No. 18 of 1953, s. 5 ][Section 62 Substituted by No. 10 of 1971, s. 15 ][Section 62 Repealed by No. 83 of 1999, s. 64, Applied:01 Dec 1999] . . . . . . . .(1) [Section 61 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 61 Subsection (1) amended by No. 83 of 1999, s. 63, Applied:01 Dec 1999] [Section 61 Subsection (1) substituted by No. 22 of 1990, s. 17 ]Where the Director refuses an application for registration as a bookmaker made by a person who holds a subsisting certificate of registration as a bookmaker (other than a substitute or provisional certificate of registration) the Director is to, as soon as reasonably practicable after refusing the application serve on the applicant a notice in writing stating that the application has been refused and setting forth the reasons for the refusal.(2) [Section 61 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 61 Subsection (2) renumbered by No. 42 of 1961, s. 23 ][Section 61 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 61 Subsection (2) amended by No. 22 of 1990, s. 17 ]Except as provided by this section, the Director shall not be required to assign any reasons for refusing an application for registration under this Part.(3) [Section 61 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 61 Subsection (3) amended by No. 83 of 1999, s. 63, Applied:01 Dec 1999] [Section 61 Subsection (3) inserted by No. 10 of 1971, s. 14 ][Section 61 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 61 Subsection (3) amended by No. 22 of 1990, s. 17 ]Where the Director refuses such an application as is referred to in subsection (1) the person by whom the application was made may appeal to RAB, and, on the hearing of such an appeal RAB, if it is satisfied that the refusal was unjust or unreasonable, may direct the Director to grant that person a certificate of registration under this Part.(4) [Section 61 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 61 Subsection (4) amended by No. 83 of 1999, s. 63, Applied:01 Dec 1999] [Section 61 Subsection (4) added by No. 10 of 1971, s. 14 ][Section 61 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 61 Subsection (4) amended by No. 22 of 1990, s. 17 ]The Director shall comply with any direction given to it by RAB under this section.
Division II - [Part V, Div. II Heading inserted by No. 32 of 1994, s. 7 ]Business and betting controls
[Section 62A Inserted by No. 32 of 1994, s. 7 ]This Division does not apply to –(a) a bookmaker who holds a telephone sports betting licence while he or she is acting in that capacity; or(b) betting or business conducted by a bookmaker under a telephone sports betting licence.
[Section 63 Inserted by No. 1 of 1974, s. 24 ](1) [Section 63 Subsection (1) substituted by No. 42 of 1987, s. 5 ]A bookmaker may, subject to this Part, carry on business as a bookmaker on a racecourse but not elsewhere.(1A) [Section 63 Subsection (1A) inserted by No. 42 of 1987, s. 5 ][Section 63 subsection (1A) amended by No. 50 of 1996, s. 12 ]For the purposes of subsection (1) , a bookmaker carries on business as a bookmaker on a racecourse –(a) where, at a race meeting being conducted on that racecourse, he makes a bet with a person on the outcome of any horse-racing or greyhound racing being conducted on that racecourse or elsewhere; or(b) where, while a race meeting is being conducted on that racecourse, he makes a bet with a person on a sporting contingency relating to an approved event being held, or to be held, elsewhere than on that racecourse; or(c) where, while a betting-only meeting is being conducted at a racecourse, the bookmaker makes a bet with a person on the outcome of any horse-racing or greyhound racing being conducted, or on a sporting contingency relating to an approved event being held, elsewhere than on that racecourse.(2) [Section 63 Subsection (2) inserted by No. 85 of 1976, s. 5 ][Section 63 Subsection (2) amended by No. 42 of 1987, s. 5 ][Section 63 Subsection (2) amended by No. 86 of 1987, s. 9 ][Section 63 Amended by No. 55 of 1993, s. 4 ]When the conduct of a race meeting, having been commenced, is abandoned, a bookmaker who has commenced to carry on the business of betting at that meeting may, notwithstanding subsection (1A) , continue to bet on the racecourse where the meeting was abandoned for as long as a race meeting in any other State of the Commonwealth, in relation to which he carries on the business of betting, is being conducted.(3) [Section 63 Subsection (3) inserted by No. 85 of 1976, s. 5 ][Section 63 Subsection (3) amended by No. 42 of 1987, s. 5 ][Section 63 Subsection (3) amended by No. 55 of 1993, s. 4 ]For the purposes of this section a race meeting, not having been commenced, shall be deemed to have been commenced if it has not been abandoned at any time prior to 6 a.m. on the day advertised for the holding of that meeting.
63AA. Approvals of events in respect of which bets may be made with bookmakers
[Section 63AA Inserted by No. 42 of 1987, s. 6 ][Section 63A Repealed by No. 70 of 1994, s. 6 ]. . . . . . . .(1) The Minister may, by notice published in the Gazette, approve an event as an event in respect of which bets may be made in accordance with this Act with a bookmaker on a sporting contingency relating to that event.(2) In subsection (1) , event means any race, sport, fight, game, exercise, or pastime, other than a horse race or greyhound race.
64. Prohibition of betting by bookmakers on racecourses without consent of club committee, &c.
(1) [Section 64 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Nothing in this Act shall authorise a bookmaker to bet or carry on business on a racecourse without the consent of the club committee or stewards for the time being having the control of the racecourse or shall affect the right of the club committee or stewards to exclude a bookmaker from the racecourse, or to impose on bookmakers a fee or charge in respect of the granting of that consent; but this subsection shall not be construed as conferring on the club committee or stewards any right to impose any conditions in respect of betting by, or the carrying on of business by, a bookmaker on the racecourse (other than conditions as to the places or positions on the racecourse that may be occupied by bookmakers carrying on business on the racecourse, and the allocation of those places or positions between the several bookmakers carrying on business thereon).(2) [Section 64 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 64 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 64 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 64 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Notwithstanding anything contained in subsection (1) , the club committee or stewards controlling a racecourse shall not, except with the prior approval, in writing, of the Director, demand or receive from a bookmaker a fee or charge for or in connection with the granting to the bookmaker of a consent under that subsection to bet or carry on business on that racecourse; or, where the approval of the Director has been given, demand or receive from a bookmaker a fee or charge in excess of a fee or charge approved by the Director.(3) [Section 64 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 64 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 64 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 64 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]For the purposes of subsection (2) , any fee or charge that is in force at the commencement of this Act in connection with the granting by the club committee or stewards controlling a racecourse of a consent under subsection (1) shall be deemed to have been approved by the Director in accordance with subsection (2) .(4) [Section 64 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 64 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 64 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 64 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]If the club committee or stewards for the time being controlling a racecourse exclude a bookmaker from the racecourse, the bookmaker may appeal to the Director from the decision of the club committee or stewards.(5) [Section 64 Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 64 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 64 Subsection (5) amended by No. 22 of 1990, s. 17 ]An appeal under subsection (4) shall be instituted, heard, and determined as prescribed, or, in the absence of regulations in that behalf, as the Director may direct; and the decision of the Director on the hearing thereof shall be final and shall not be subject to appeal.
65. Bookmakers to bet only on approved parts of racecourses
(1) [Section 65 Subsection (1) amended by No. 86 of 1987, s. 10 ][Section 65 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A person shall not bet or carry on business as a bookmaker on a racecourse except on such parts of the racecourse as are specially set apart for that purpose by the club committee for the time being controlling the racecourse.(2) [Section 65 Subsection (2) inserted by No. 86 of 1987, s. 10 ]Subject to the regulations, where a bookmaker is carrying on his business as a bookmaker on a racecourse in accordance with this Part, a bookmaker's clerk employed by him may, on his behalf, make bets with other persons on a part of the racecourse of the kind referred to in subsection (1) other than the part on which the bookmaker himself is making bets.
66. Control of on-course telephone betting
[Section 66 Inserted by No. 70 of 1994, s. 7 ](1) Except as provided in this section, a bookmaker must not make a bet with a person who is not physically present at the place where the bet is made and recorded.(2) A bookmaker may make a bet with a person who is not physically present at the place where the bet is made and recorded if –(a) the bookmaker is carrying on business as a bookmaker at a racecourse when the bet is made; and(b) the bookmaker's certificate of registration has a telephone betting endorsement; and(c) the bet is made in accordance with the terms and conditions of that telephone betting endorsement; and(d) the bookmaker complies with subsection (3) .(3) A bookmaker must not make a bet by telephone unless –(a) [Section 66 Subsection (3) amended by No. 20 of 1997, s. 5, Applied:28 Jun 1997] the bet is for a minimum amount of $100; or(b) [Section 66 Subsection (3) amended by No. 20 of 1997, s. 5, Applied:28 Jun 1997] the bookmaker's minimum liability in respect of the bet is $1 000.
67. Telephone betting endorsements
[Section 67 Inserted by No. 70 of 1994, s. 7 ](1) [Section 67 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] A bookmaker who wishes to conduct telephone betting as part of his or her business under section 63 may apply to the Director to have his or her certificate of registration endorsed with a telephone betting endorsement.(2) An application under subsection (1) is to be –(a) made in writing; and(b) [Section 67 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] in a form approved by the Director; and(c) [Section 67 Subsection (2) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] lodged with the Director; and(d) accompanied by the prescribed application fee; and(e) [Section 67 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] accompanied by such information as the Director requires.(3) [Section 67 Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] The Director may require an applicant to provide such further information as he or she considers necessary in order to consider the application.(4) [Section 67 Subsection (4) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 67 Subsection (4) amended by No. 83 of 1999, s. 65, Applied:01 Dec 1999] On receipt of an application, the Director, in his or her discretion having regard to such matters as he or she considers appropriate, may–(a) endorse the applicant's certificate of registration with a telephone betting endorsement; or(b) refuse to endorse the applicant's certificate of registration with a telephone betting endorsement.(5) Subsection (4) has effect subject to any prescribed requirements.(6) [Section 67 Subsection (6) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] Without limiting the matters that the Director may have regard to under subsection (4) , he or she may, for the purposes of that subsection, have regard to the following:(a) the financial and material resources of the applicant;(b) the reputation and conduct of the applicant as a bookmaker;(c) the reputation and conduct of any bookmakers' clerks or other persons employed by the applicant in connection with bookmaking.(7) [Section 67 Subsection (7) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] If the Director refuses an application he or she must give written notice of the refusal and the reasons for the refusal to the applicant and he or she may, by the same notice, order that the applicant is not entitled to submit a further application for a telephone betting endorsement for such period as the Director specifies in the notice.(8) [Section 67 Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 67 Subsection (8) amended by No. 83 of 1999, s. 65, Applied:01 Dec 1999] The Director must give written notice of his or her decision under subsection (4) to the Minister.
68. Terms and conditions of telephone betting endorsements
[Section 68 Inserted by No. 70 of 1994, s. 7 ](1) The terms and conditions under which a bookmaker may conduct on-course telephone betting under a telephone betting endorsement are as determined by the Minister and specified in the endorsement.(2) Without limiting the terms and conditions that may be imposed on a bookmaker's telephone betting endorsement by the Minister, those terms and conditions may include any one or more of the following:(a) the bookmaker must not make a telephone bet when absent from a racecourse;(b) [Section 68 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the bookmaker's telephone unit must be of a type approved by the Director and adapted and tested at the direction of the Director to ensure that out-going calls cannot be made on that telephone unit;(c) [Section 68 Subsection (2) amended by No. 83 of 1999, s. 66, Applied:01 Dec 1999] all telephone calls to the bookmaker's telephone unit must pass through the Director's voice-logging equipment;(d) the bookmaker must inform each person seeking to make a bet with the bookmaker by telephone that all calls to the bookmaker's telephone unit are subject to voice-logging;(e) [Section 68 Subsection (2) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] the Director may retain the voice-logging tapes for checking purposes for such period as he or she considers necessary;(f) [Section 68 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the bookmaker must, on demand, allow a person authorised for the purpose by the Director to inspect and test a telephone unit being used by the bookmaker at a racecourse;(g) the bookmaker must not, by telephone, disclose the price of more than 3 competitors to any one client in relation to any race or, if applicable, other sporting contingency;(h) the bookmaker must, on accepting a bet by telephone, immediately issue a betting ticket and record the bet in accordance with section 69 ;(i) [Section 68 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] each bet accepted by the bookmaker by telephone is to be identified on the bookmaker's betting sheet, in a manner acceptable to the Director, as a telephone bet;(j) [Section 68 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the bookmaker must provide such information and returns in regard to bets made by telephone, in addition to the information and returns required under the Act or the regulations, as may be required by the Director;(k) [Section 68 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] the bookmaker must pay such annual fee in respect of the reasonable costs incurred by the Director in administering and auditing the bookmaker's telephone betting as is specified in the endorsement.
68A. Telephone betting depends on registration
[Section 68A Inserted by No. 70 of 1994, s. 7 ]A telephone betting endorsement on a bookmaker's certificate of registration does not authorise that bookmaker to conduct telephone betting if the certificate of registration is cancelled or during any period when the certificate of registration is suspended.
[Section 68B Inserted by No. 70 of 1994, s. 7 ][Section 68B Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] A bookmaker whose certificate of registration has a telephone betting endorsement may request the Director to cancel that endorsement at any time.
[Section 69 Amended by No. 18 of 1953, s. 7 ][Section 69 Amended by No. 98 of 1957, s. 7 ][Section 69 Amended by No. 42 of 1961, s. 12 ][Section 69 Amended by No. 55 of 1965, s. 5 ](1) [Section 69 Subsection (1) substituted by No. 70 of 1994, s. 8 ]On making a bet with a person a bookmaker must –(a) immediately issue a betting ticket for the bet and –(i) [Section 69 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] in the case of a bet made by telephone– as soon as practicable deliver that ticket to that person by post, or deal with the ticket in such other manner as the Director may from time to time direct; or(ii) in any other case – immediately deliver that ticket directly to that person; and(b) immediately record the bet in the written record required to be kept under subsection (4) (d) .(1A) [Section 69 Subsection (1A) omitted by No. 1 of 1974, s. 26 ]. . . . . . . .(2) [Section 69 Subsection (2) omitted by No. 1 of 1974, s. 26 ]. . . . . . . .(3) [Section 69 Subsection (3) omitted by No. 1 of 1974, s. 26 ]. . . . . . . .(3A) [Section 69 Subsection (3A) omitted by No. 1 of 1974, s. 26 ]. . . . . . . .(3B) [Section 69 Subsection (3B) omitted by No. 10 of 1971, s. 17 ]. . . . . . . .(4) [Section 69 Subsection (4) amended by No. 10 of 1971, s. 17 ][Section 69 Subsection (4) amended by No. 1 of 1974, s. 26 ][Section 69 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 69 Subsection (4) amended by No. 31 of 1986, s. 10 ][Section 69 Subsection (4) amended by No. 42 of 1987, s. 7 ][Section 69 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 69 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 69 Subsection (4) amended by No. 50 of 1996, s. 13 ]A bookmaker shall –(a) keep complete and proper books of account in respect of his business as a bookmaker in the form and manner required by the regulations;(b) enter and record in those books a full and accurate account of all betting transactions entered into by him;(c) [Section 69 Subsection (4) amended by No. 83 of 1999, s. 67, Applied:01 Dec 1999] keep those books available at all times, and produce them at any reasonable time, for inspection by the Auditor-General or any person authorised by the Director to inspect them;(d) [Section 69 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] keep a written record, in a form approved by the Director, containing such particulars as may be prescribed or as may be directed by the Director, of each bet made with him;(e) [Section 69 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] forthwith after every race conducted on a racecourse where he carries on business as a bookmaker by making bets with persons as mentioned in section 63 (1A) (a) , deliver to a representative of the club committee by which the race meeting is conducted a written record, in a form approved by the Director, of all bets made by him in relation to that race, and shall retain a duplicate of that record;(f) [Section 69 Subsection (4) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] on Tuesday of each week, forward to the Director a written record of all bets made with him (other than bets included in a record referred to in paragraph (e) ) during the week ended on the preceding Saturday, and at the same time forward to the Director a return, in a form approved by the Director, showing–(i) in the case of bets made with persons as mentioned in section 63 (1A) (a) – the respective race meetings in relation to which the bets were made and the dates on which the respective races were conducted, and the names of the racing clubs conducting each race meeting, respectively; and(ii) in the case of bets made with persons as mentioned in section 63 (1A) (b) – the respective race meetings and racecourses where the bets were made, being bets on sporting contingencies relating to approved events, particulars of the respective days on which those approved events have respectively been held or are to be held, as the case may be, and of the places when they have respectively been held or are to be held, as the case may be; and(iii) in the case of bets made with persons as mentioned in section 63 (1A) (c) – the respective betting-only meetings and racecourses at which the bets were made, being bets on the outcome of horse-racing or greyhound racing conducted, or on sporting contingencies relating to approved events held, elsewhere than on those racecourses, and the time and place at which that racing or those approved events were conducted or held; and(g) [Section 69 Subsection (4) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] as and when prescribed, forward to the Director a return, in the prescribed form, of all moneys owing by him to bettors that have remained unclaimed for the period of one month ending on the date of the return, and, at the same time, pay to the Director the moneys to which the return relates.(5) [Section 69 Subsection (5) amended by No. 42 of 1987, s. 7 ]Where a bet made as mentioned in section 63 (1A) (a) is made on the contingency of more races than one, it shall be deemed, for the purposes of a record or return under subsection (4) , to relate only to the club on the racecourse of which the first of the races is held.(5AA) [Section 69 Subsection (5AA) inserted by No. 42 of 1987, s. 7 ]Where a bet made as mentioned in section 63 (1A) (b) is made on the sporting contingency of more approved events than one, it shall be deemed, for the purposes of a record or return under subsection (4) , to relate only to the racecourse on which bets are made on the first of those approved events that is held.(5A) [Section 69 Subsection (5A) substituted by No. 10 of 1971, s. 17 ]Until he has recorded a bet in accordance with subsection (1) a bookmaker shall not make any written record or note of that bet.(6) [Section 69 Subsection (6) amended by No. 42 of 1987, s. 7 ]If a bet is made in relation to a race meeting or an approved event that is abandoned, or if the competent authority has declared a bet off, the bet need not be included in a record or return under this section.(7) [Section 69 Subsection (7) amended by No. 70 of 1994, s. 8 ]Except as may be provided by the terms and conditions of a telephone betting endorsement, it shall not be necessary to include in a record or return under this section the name of the person with whom a bet is made.(8) [Section 69 Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 69 Subsection (8) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 69 Subsection (8) amended by No. 22 of 1990, s. 17 ]The books and accounts of a bookmaker shall be subject to inspection at any time by the Director or any officer of the Director authorised by it in that behalf, and the Auditor-General may, at any time, direct any of his officers to make an audit of the accounts of a bookmaker.(9) [Section 69 Subsection (9) amended by No. 83 of 1983, s. 29 ][Section 69 Subsection (9) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The secretary of a club by which a race meeting is conducted shall, within 3 days after the day on which the race meeting is held, forward or deliver to the Director all records of bets that are delivered by bookmakers to a representative of the club committee of the club pursuant to subsection (4) (e) .
70. Payment of commission by bookmakers
[Section 70 Amended by No. 52 of 1964, s. 3 ](1) [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] [Section 70 Subsection (1) amended by No. 21 of 2000, s. 30, Applied:01 Jul 2000] [Section 70 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 70 Subsection (1) substituted by No. 48 of 1988, s. 4 ][Section 70 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 70 Subsection (1) amended by No. 32 of 1994, s. 9 ][Section 70 Subsection (1) amended by No. 82 of 1995, s. 6 ]Subject to section 70A , a bookmaker shall pay to the Director in respect of each month an amount by way of commission equal to the sum of–(a) [Section 70 Subsection (1) amended by No. 30 of 2000, s. 4, Applied:22 Dec 1999] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] an amount equal to 1% of all money paid or payable, contingently or otherwise, in respect of all bets made by him during that month in relation to horse races and greyhound races conducted in Tasmania;(b) [Section 70 Subsection (1) amended by No. 30 of 2000, s. 4, Applied:22 Dec 1999] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] an amount equal to 1% of all money so paid or payable in respect of all bets made by him during that month in relation to horse races and greyhound races conducted outside Tasmania; and(c) [Section 70 Subsection (1) amended by No. 30 of 2000, s. 6, Applied:16 Jun 2000] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] an amount equal to 0·5% of all money so paid or payable in respect of all other bets made by the bookmaker during that month in relation to amounts wagered by persons betting in Australia or New Zealand; and(d) [Section 70 Subsection (1) amended by No. 30 of 2000, s. 6, Applied:16 Jun 2000] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] an amount equal to 0·25% of all money so paid or payable in respect of all other bets made by the bookmaker during that month in relation to amounts wagered by persons betting outside Australia and New Zealand.(2) [Section 70 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 70 Subsection (2) amended by No. 10 of 1971, s. 18 ][Section 70 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 70 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 70 Subsection (2) substituted by No. 30 of 2000, s. 5, Applied:01 Jul 2000] A bookmaker must pay the commission payable under subsection (1) in relation to a month not later than 7 days after the end of that month.(3) The omission from a record or return under section 69 of a bet that should have been included therein shall not relieve the bookmaker of his liability to pay the commission in respect thereof.(4) [Section 70 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 70 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 70 Subsection (4) amended by No. 22 of 1990, s. 17 ]If a bookmaker makes default in a payment required by this section to be made by him or any part thereof, the Director, in addition to any other powers conferred on it by the regulations, may recover the amount thereof from the bookmaker by action in any court of competent jurisdiction, as a debt due to the Director.(5) [Section 70 Subsection (5) omitted by No. 10 of 1971, s. 18 ][Section 70 Subsection (5) inserted by No. 30 of 2000, s. 5, Applied:01 Jul 2000] The commission that would have been payable by a bookmaker on 4 July 2000 in respect of the week ending on 1 July 2000 had section 5 of the Racing and Gaming Amendment Act 2000 not commenced remains payable on that day as if that section had not so commenced.(6) [Section 70 Subsection (6) inserted by No. 30 of 2000, s. 5, Applied:01 Jul 2000] The commission payable by a bookmaker under this section in respect of the month of July in the year 2000 is to be calculated exclusive of the first day of that month.
70A. Set off for goods and services tax
[Section 70A Inserted by No. 21 of 2000, s. 31, Applied:01 Jul 2000](1) In any month, a bookmaker may set off against the commission payable under section 70 any goods and services tax paid during the relevant month arising in respect of all bets taken by him or her.(2) If, in any month, the amount of goods and services tax paid in respect of the bets taken by the bookmaker exceeds the amount of commission payable under section 70 in respect of those bets, that excess may be set off in any subsequent month in the same financial year against the commission payable under that section.(3) The amount of any credit given to a bookmaker for goods and services tax paid in a financial year is limited to the commission payable under section 70 in respect of that financial year.(4) Within 14 days after the end of a financial year, a bookmaker must submit a return to the Director stating –(a) the amount of commission payable under section 70 in respect of bets taken for that financial year; and(b) the amount of goods and services tax paid in that financial year in respect of bets taken; and(c) the amount of credit given for the amount of commission payable under section 70 in respect of bets taken for that financial year.(5) Subject to subsection (3) , where the amount of goods and services tax paid in respect of bets taken for a financial year by a bookmaker exceeds the amount of credit given in respect of those bets for that financial year, the difference between those amounts is to be credited to the bookmaker at the time of the next payment of commission required under this Act.(6) Subject to subsection (3) , where the amount of goods and services tax paid in respect of bets taken for a financial year by a bookmaker is less than the amount of credit given in respect of those bets for that financial year, the difference between those amounts is to be paid by the bookmaker at the time of the next payment of commission required under this Act.(7) The provisions of the Taxation Administration Act 1997 apply to this section and, for that purpose, this section is taken to be a taxation law within the meaning of that Act.
71. Payment of certain commission to clubs
[Section 71 Substituted by No. 10 of 1971, s. 19 ][Section 72 Repealed by No. 55 of 1993, s. 5 ]. . . . . . . . [Section 73 Repealed by No. 55 of 1993, s. 5 ]. . . . . . . .(1) [Section 71 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 71 Subsection (1) substituted by No. 82 of 1995, s. 7 ][Section 71 Subsection (1) amended by No. 50 of 1996, s. 14 ]The Director, within 7 days of receiving a commission referred to in section 70 (1) , is to pay an amount determined in accordance with subsection (1A) to each club in respect of all bets made–(a) at any race meeting or betting-only meeting conducted in the State in relation to a race conducted by that club; and(b) at any race meeting or betting-only meeting conducted by that club in relation to a race conducted outside this State; and(c) at any race meeting or betting-only meeting conducted by that club in relation to an approved event other than bets made under a telephone sports betting licence.(1A) [Section 71 Subsection (1A) inserted by No. 82 of 1995, s. 7 ]For the purposes of subsection (1) , the amount is to be –(a) 90% of the commission, if the commission is received under section 70 (1) (a) ; or(b) 85% of the commission, if the commission is received under section 70 (1) (b) ; or(c) 100% of the commission, if the commission is received under section 70 (1) (c) or (d) .(2) [Section 71 Subsection (2) inserted by No. 1 of 1974, s. 27 ]The Governor may by order-in-council vary any of the amounts referred to in subsection (1) .(3) [Section 71 Subsection (3) inserted by No. 1 of 1974, s. 27 ]An order-in-council made under subsection (2) –(a) shall be published in the Gazette;(b) shall be laid before each House of Parliament within the first 10 sitting days of the House after it is so published; and(c) subject to disallowance pursuant to subsection (4) , shall be effective from the date it is so published.(4) [Section 71 Subsection (4) added by No. 1 of 1974, s. 27 ]If either House of Parliament passes a resolution of which notice has been given within the first 15 sitting days of the House after an order-in-council made under this section is laid before it, that that order-in-council be disallowed, that order-in-council shall be void and thenceforth cease to have effect and shall be deemed to have been void from the date of the publication of its making in the Gazette.
74. Provisions as to disposal of unclaimed winnings
(1) [Section 74 Subsection (1) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] [Section 74 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 74 Subsection (1) amended by No. 22 of 1990, s. 17 ]The Director shall pay to the credit of a special account in the name of the Director all moneys paid to the Director by bookmakers pursuant to section 69 (4) (g) .(2) [Section 74 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 74 Subsection (2) amended by No. 22 of 1990, s. 17 ]The Director may, at any time within the period of 6 months after the date of a return under section 69 (4) (g) , pay to the holder of any betting ticket to which the return relates who satisfies the Director that he is entitled thereto the amount of the winnings to which that ticket entitles him.(3) [Section 74 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 74 Subsection (3) amended by No. 22 of 1990, s. 17 ]All payments made by the Director under subsection (2) shall be made out of the account referred to in subsection (1) .(4) At the expiration of the period of 6 months after the date of a return under section 69 (4) (g) , the right of the holder of a betting ticket to which the return relates, or a person claiming through him, to recover payment of any winnings to which, but for this subsection, that betting ticket would entitle him, shall be barred, and no action shall thereafter be maintainable in any court for the recovery thereof.(5) [Section 74 Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 74 Subsection (5) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] [Section 74 Subsection (5) amended by No. 83 of 1999, s. 68, Applied:01 Dec 1999] [Section 74 Subsection (5) amended by No. 71 of 1955, s. 13 ][Section 74 Subsection (5) amended by No. 10 of 1971, s. 22 ][Section 74 Subsection (5) amended by No. 31 of 1986, s. 11 ][Section 74 Subsection (5) amended by No. 22 of 1990, s. 17 ]At the expiration of the period of 6 months after the date of a return under section 69 (4) (g) , the Director shall pay out of the account referred to in subsection (1) to TOTE Tasmania or, if the Minister so directs, to the Treasurer to the credit of the Consolidated Fund, a sum equal to the total of the moneys paid to the Director by the bookmaker by whom the return was made, at the time of the making of the return, after deducting therefrom the total sum paid by the Director, pursuant to subsection (2) , to the holders of tickets to which the return relates.
Division III - [Part V, Div. III Heading inserted by No. 32 of 1994, s. 10 ] - . . . . . . . .[Part V, Div. III, Inserted by No. 32 of 1994, s. 10 ][Division III of Part V Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74A Inserted by No. 32 of 1994, s. 10 ][Section 74A Amended by No. 109 of 1995, s. 4 ][Section 74A Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74A Amended by No. 83 of 1999, s. 69, Applied:01 Dec 1999] [Section 74A Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74A Amended by No. 25 of 1998, s. 4, Applied:01 Sep 1998] [Section 74A Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74B Inserted by No. 32 of 1994, s. 10 ][Section 74B Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74B Subsection (3) amended by No. 83 of 1999, s. 70, Applied:01 Dec 1999] [Section 74B Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74C Inserted by No. 32 of 1994, s. 10 ][Section 74C Subsection (1) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 74C Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74D Inserted by No. 32 of 1994, s. 10 ][Section 74D Subsection (1) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 74D Subsection (2) amended by No. 83 of 1999, s. 71, Applied:01 Dec 1999] [Section 74D Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74D Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74E Inserted by No. 32 of 1994, s. 10 ][Section 74E Subsection (1) amended by No. 109 of 1995, s. 5 ][Section 74E Subsection (1) amended by No. 25 of 1998, s. 5, Applied:01 Sep 1998] [Section 74E Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74E Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74F Inserted by No. 32 of 1994, s. 10 ][Section 74F Amended by No. 109 of 1995, s. 6 ][Section 74F Amended by No. 25 of 1998, s. 6, Applied:01 Sep 1998] [Section 74F Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74G Inserted by No. 32 of 1994, s. 10 ][Section 74G Substituted by No. 109 of 1995, s. 7 ][Section 74G Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74G Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74H Inserted by No. 32 of 1994, s. 10 ][Section 74H Subsection (1) amended by No. 109 of 1995, s. 8 ][Section 74H Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74I Inserted by No. 32 of 1994, s. 10 ][Section 74I Subsection (1) amended by No. 109 of 1995, s. 9 ][Section 74I Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74J Inserted by No. 32 of 1994, s. 10 ][Section 74J Subsection (1) amended by No. 109 of 1995, s. 10 ][Section 74J Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74J Subsection (8) amended by No. 109 of 1995, s. 10 ][Section 74J Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74K Inserted by No. 32 of 1994, s. 10 ][Section 74K Subsection (1) amended by No. 109 of 1995, s. 11 ][Section 74K Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74L Inserted by No. 32 of 1994, s. 10 ][Section 74L Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74L Subsection (1) substituted by No. 82 of 1995, s. 8 ][Section 74L Subsection (1A) inserted by No. 109 of 1995, s. 12 ][Section 74L Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74L Subsection (2) substituted by No. 109 of 1995, s. 12 ][Section 74L Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74M Inserted by No. 32 of 1994, s. 10 ][Section 74M Subsection (2) amended by No. 109 of 1995, s. 13 ][Section 74M Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . . [Section 74N Inserted by No. 32 of 1994, s. 10 ][Section 74N Subsection (1) amended by No. 109 of 1995, s. 14 ][Section 74N Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74N Subsection (3) amended by No. 109 of 1995, s. 14 ][Section 74N Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] . . . . . . . .
Division IV - [Part V, Div. IV Heading inserted by No. 32 of 1994, s. 11 ]Offences
75. Prohibition of betting at certain odds, &c.
[Section 75 Amended by No. 10 of 1971, s. 23 ](1) [Section 75 Subsection (1) substituted by No. 1 of 1974, s. 28 ][Section 75 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 75 Subsection (1) amended by No. 42 of 1987, s. 10 ][Section 75 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No bookmaker shall take a bet in respect of any horse race, greyhound race, or approved event at a price to be determined, directly or indirectly, by the dividend paid or to be paid in respect thereof on a totalizator.Penalty: Fine not exceeding 20 penalty units.(2) [Section 75 Subsection (2) omitted by No. 1 of 1974, s. 28 ]. . . . . . . .(3) [Section 75 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 75 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 75 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 75 Subsection (3) amended by No. 83 of 1983, s. 31 and s. 32 and Sched. 1 and Sched. 2 ][Section 75 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 75 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No bookmaker shall, except with the consent in writing of the Director, carry on business as a bookmaker at a greyhound racing meeting unless the club conducting the meeting holds, or is entitled to be granted, a totalizator licence in respect of that meeting.Penalty: Fine not exceeding 20 penalty units.(4) [Section 75 Subsection (4) inserted by No. 32 of 1994, s. 12 ] Subsection (3) does not apply to business carried on by a bookmaker under a telephone sports betting licence.
76. Prohibition of betting with minors
(1) [Section 76 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 76 Subsection (1) amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 76 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 76 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No bookmaker shall bet with a person who is apparently under the age of 18 years.Penalty: Fine not exceeding 20 penalty units.(2) [Section 76 Subsection (2) amended by No. 42 of 1961, s. 14 ][Section 76 Subsection (2) amended by No. 21 of 1973, s. 5 and Sched. 1 ]It shall be a defence to a charge under subsection (1) if a defendant satisfies the court that he had reasonable grounds for believing that the person with whom a bet is alleged to have been made was over the age of 18 years.(3) [Section 76 Subsection (3) added by No. 42 of 1961, s. 14 ][Section 76 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 76 Subsection (3) amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 76 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 76 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person under the age of 18 years shall bet with a bookmaker.Penalty: Fine not exceeding 20 penalty units.(3A) [Section 76 Subsection (3A) inserted by No. 40 of 1983, s. 26 ][Section 76 Subsection (3A) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person shall not instigate, or cause or permit, a person under the age of 18 years to bet with a bookmaker.Penalty: Fine not exceeding 20 penalty units.(3B) [Section 76 Subsection (3B) inserted by No. 40 of 1983, s. 26 ]It is a defence to a charge under subsection (3A) if the defendant satisfies the court that he had reasonable grounds for believing that the person who is alleged to have made a bet with a bookmaker had attained the age of 18 years.(4) [Section 76 Subsection (4) inserted by No. 10 of 1971, s. 24 ]Where a police officer has reason to believe that a person who has not attained the age of 18 years has been betting with a bookmaker he may demand that that person deliver up all the betting tickets in his possession.(5) [Section 76 Subsection (5) added by No. 10 of 1971, s. 24 ]A person who refuses or fails to comply with a demand made by a police officer under this section is guilty of an offence.
(1) [Section 77 Subsection (1) amended by No. 98 of 1957, s. 8 ][Section 77 Subsection (1) amended by No. 42 of 1961, s. 15 ][Section 77 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 77 Subsection (1) amended by No. 10 of 1971, s. 25 ][Section 77 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 77 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 77 Subsection (1) amended by No. 32 of 1994, s. 13 ][Section 77 Subsection (1) amended by No. 70 of 1994, s. 9 ]No bookmaker shall –(a) contravene, or fail to comply with, any of the provisions of subsection (1) , subsection (4) , or subsection (5A) of section 69 ;(b) carry on business as a bookmaker in a place, or in a manner, or at a time, that is not authorised by or under this Act;(c) issue or deliver to a person in respect of a bet a betting ticket previously used in respect of some other bet;(d) except as authorised by a telephone sports betting licence, a telephone betting endorsement or as may otherwise be necessary in order to comply with subsection (1B) , have in his possession for a longer period than is necessary to enable him to destroy it a betting ticket that has been used and issued to a bettor;(e) procure a person to make a bet on his behalf or on behalf of another bookmaker that, if made by the bookmaker himself, would be a contravention of any provision of this Act;(f) with intent to defraud –(i) [Section 77 Subsection (1) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] furnish the Director with a record or return under this Part that is false or misleading in any material particular;(ii) fail to include in a record or return under this Part any bet made by that bookmaker; or(iii) fail to record, as prescribed, every bet made by that bookmaker.Penalty: Fine not exceeding 30 penalty units in respect of a first offence and a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months in respect of a subsequent offence.(1A) [Section 77 Subsection (1A) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 77 Subsection (1A) inserted by No. 42 of 1961, s. 15 ]Subject to subsection (1C) , the Director may by notice in writing served on a bookmaker require him, in respect of the bets made by him during such period as may be specified in the notice (being a period commencing after the service of the notice and not exceeding 14 days in length), to deliver to the Director the betting tickets issued to bettors in respect of those bets that have been presented for payment to him or to any person on his behalf and the receipts given for the payments of any of those bets made otherwise than on the presentation of a betting ticket.(1B) [Section 77 Subsection (1B) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 77 Subsection (1B) inserted by No. 42 of 1961, s. 15 ][Section 77 Subsection (1B) amended by No. 55 of 1965, s. 5 ][Section 77 Subsection (1B) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 77 Subsection (1B) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 77 Subsection (1B) amended by No. 22 of 1990, s. 17 ][Section 77 Subsection (1B) amended by No. 53 of 1993, s. 12 and Sched. 1 ]Where a bookmaker is required by a notice under subsection (1A) to deliver a betting ticket or receipt to the Director he shall so deliver that betting ticket or receipt before the expiration of whichever of the following periods that is last to expire (namely):(a) the period specified in the notice; or(b) a period of 7 days after the betting ticket is presented for payment to him or to some person on his behalf or after the receipt is given to him or to any person on his behalf (as the case may be).Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units in respect of a subsequent offence.(1C) [Section 77 Subsection (1C) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 77 Subsection (1C) inserted by No. 42 of 1961, s. 15 ][Section 77 Subsection (1C) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 77 Subsection (1C) amended by No. 22 of 1990, s. 17 ]The Director shall not serve a notice under subsection (1A) on any one bookmaker on more than 3 occasions in any period of 12 consecutive months.(2) [Section 77 Subsection (2) amended by No. 55 of 1965, s. 5 ]No bookmaker shall advertise his calling or place of business as a bookmaker except as prescribed.Penalty: Fine not exceeding 20 penalty units.(3) [Section 77 Subsection (3) omitted by No. 10 of 1971, s. 25 ]. . . . . . . .
(1) [Section 78 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 78 Subsection (1) amended by No. 10 of 1971, s. 26 ][Section 78 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 78 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 78 Subsection (1) amended by No. 32 of 1994, s. 14 ]Subject to subsection (1A) , a person must not –(a) bet with a bookmaker without obtaining or demanding from the bookmaker a betting ticket, as provided by this Part, in respect of every bet so made;(b) with intent to evade any of the provisions of this Part, when making a bet with a bookmaker fail to obtain from the bookmaker, as provided by this Part, a betting ticket in respect of the bet; or(c) knowingly bet with a bookmaker in a place, or in a manner, or at a time, other than a place or manner in which, or a time at which, the bookmaker is authorised by or under this Part to carry on business as a bookmaker.Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units in respect of a subsequent offence.(1A) [Section 78 Subsection (1A) amended by No. 25 of 1998, s. 7, Applied:01 Sep 1998] [Section 78 Subsection (1A) inserted by No. 32 of 1994, s. 14 ][Section 78 Subsection (1A) amended by No. 70 of 1994, s. 10 ] Subsection (1) (a) does not apply to a bet that is made other than in person with the holder of a telephone sports betting licence or with a bookmaker who conducts on-course betting by telephone under the authority of a telephone betting endorsement.(2) If, in any proceedings under subsection (1) (b) , it is proved that the defendant habitually attended race meetings, or habitually made bets with bookmakers, whether before or after the commencement of this Act, the intent mentioned in that paragraph shall be presumed against the defendant unless he satisfies the court that his failure to comply with the provisions of this Act was due to accident or excusable inadvertence.
79. Persons not to act as bookmakers' clerks unless registered
[Section 79 Amended by No. 55 of 1965, s. 5 ][Section 79 Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 79 Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 79 Amended by No. 50 of 1996, s. 15 ]No person shall –unless the person so engaged or employed or permitted to act is the holder of a subsisting certificate of registration as a bookmaker's clerk under this Part.(a) act as a bookmaker's clerk; or(b) being a bookmaker, engage or employ or permit a person to act as his clerk –Penalty: Fine not exceeding 20 penalty units.
[Section 80 Amended by No. 73 of 1979, s. 4 ]If a person who is acting or purporting to act for or on behalf of a bookmaker does an act or makes an omission that, if done or made by the bookmaker, would constitute a contravention of any of the provisions of this Act, both that person and that bookmaker shall be deemed to be guilty of the contravention unless it is shown to the satisfaction of the court that the contravention was committed without the authority, and contrary to the orders or directions, of the bookmaker.[Section 81 Repealed by No. 1 of 1974, s. 29 ]. . . . . . . .
No person shall be prosecuted or convicted under the provisions of Part VI for or in respect of anything done by him under and in accordance with the provisions of this Part.
PART VI - Unlawful Gaming
Division I - [Part VI, Div. I Heading substituted by No. 40 of 1983, s. 27 ]Preliminary
[Section 82A Inserted by No. 40 of 1983, s. 28 ]In this Division, unless the contrary intention appears, ticket, in relation to a ticket in a lottery, means a document evidencing a chance in a lottery, in whatever form the document is issued.
(1) [Section 83 Subsection (1) amended by No. 71 of 1955, s. 14 ][Section 83 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 83 Subsection (1) amended by No. 10 of 1971, s. 27 ][Section 83 Subsection (1) amended by No. 108 of 1973, s. 5 ][Section 83 Subsection (1) amended by No. 93 of 1974, s. 6 ][Section 83 Subsection (1) amended by No. 85 of 1976, s. 6 ][Section 83 Subsection (1) amended by No. 40 of 1983, s. 29 ][Section 83 Subsection (1) amended by No. 53 of 1993, s. 5 ][Section 83 Subsection (1) amended by No. 108 of 1995, s. 6 ]Nothing in this Part shall apply to –(a) a totalizator that is lawfully used in accordance with the provisions of Part IV , or to a person so using a totalizator or betting thereon or therewith;(b) a person betting in accordance with the provisions of Part V ;(c) a sweepstake if –(i) the total contributions do not exceed $2 000;(ii) no person contributes more than $20;(iii) the promoter does not promote, and the individual subscribers do not contribute to, more than one sweepstake on any one race; and(iv) the total sum contributed is paid, without any deduction, to the winner, or as the case may be, to the persons drawing the 3 horses or dogs that finish in the first 3 places in the race in respect of which the sweepstake is held; or(d) a find the ball, missing ball or similar competition if at least half the entrance money received by the promoter is given to an organisation approved by the Commission with the remainder being distributed as prize money; or(e) a tipping competition in which the outcome or occurrence of a sporting event is tipped –(i) where the total contributions do not exceed $10 000, a participant does not contribute more than $100 and the total sum contributed, without any deduction, is distributed as prizes in money or money's worth; or(ii) where the competition is conducted by, or for the benefit of, a charitable, sporting or other community organisation approved by the Commission, and the rules and conditions of the competition, including the distribution of the total sums contributed, are determined or approved by the Commission.(2) [Section 83 Subsection (2) omitted by No. 85 of 1976, s. 6 ]. . . . . . . .
83A. Power of Commission to determine, &c., rules and conditions of tipping competitions
[Section 83A Inserted by No. 108 of 1995, s. 7 ]The Commission may –(a) approve a charitable, sporting or other community organisation for the purposes of section 83 (1) (e) (ii) ; and(b) determine or approve the rules and conditions of tipping competitions referred to in section 83 (1) (e) (ii) .
84. Lotteries unlawful except as prescribed
[Section 84 Amended by No. 103 of 1999, s. 6, Applied:22 Dec 1999] Except as otherwise expressly provided in this Part or the Gaming Control Act 1993 , every lottery is unlawful and constitutes a common nuisance.
Division II - [Part VI, Div. II Heading inserted by No. 40 of 1983, s. 27 ] - . . . . . . . .[Division II of Part VI Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 85 Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 85A Inserted by No. 32 of 1960, s. 2 ][Section 85A Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 85A Subsection (8A) inserted by No. 40 of 1983, s. 30 ][Section 85A Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 85B Inserted by No. 93 of 1993, s. 4 ][Section 85B Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 86 Subsection (1) amended by No. 55 of 1965, s. 3 and Sched. 1 ][Section 86 Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87 Subsection (1) amended by No. 32 of 1960, s. 3 ][Section 87 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 87 Subsection (1) amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 87 Subsection (2) amended by No. 55 of 1965, s. 3 and Sched. 1 ][Section 87 Subsection (2) amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 87 Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . .
Division IIA - [Part VI, Div. IIA Heading substituted by No. 32 of 1989, s. 5 ] - . . . . . . . .[Division IIA of Part VI Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999]
Subdivision A - [Part VI, Div. IIA, Subdiv. A Heading inserted by No. 32 of 1989, s. 5 ] - . . . . . . . .[Subdivision A of Division IIA of Part VI Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87A Inserted by No. 110 of 1974, s. 3 ][Section 87A Subsection (1) amended by No. 32 of 1989, s. 8 ][Section 87A Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87B Inserted by No. 110 of 1974, s. 3 ][Section 87B Subsection (1) amended by No. 32 of 1989, s. 8 ][Section 87B Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87C Inserted by No. 110 of 1974, s. 3 ][Section 87C Amended by No. 32 of 1989, s. 8 ][Section 87C Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87D Inserted by No. 110 of 1974, s. 3 ][Section 87D Amended by No. 32 of 1989, s. 8 ][Section 87D Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87E Substituted by No. 53 of 1993, s. 6 ][Section 87E Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87F Inserted by No. 110 of 1974, s. 3 ][Section 87F Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 87F Subsection (1) amended by No. 32 of 1989, s. 8 ][Section 87F Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 87F Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 87F Subsection (2) amended by No. 32 of 1989, s. 8 ][Section 87F Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 87F Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87G Inserted by No. 110 of 1974, s. 3 ][Section 87G Amended by No. 32 of 1989, s. 8 ][Section 87G Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87H Inserted by No. 110 of 1974, s. 3 ][Section 87H Amended by No. 32 of 1989, s. 8 ][Section 87H Amended by No. 22 of 1990, s. 17 ][Section 87H Subsection (1) substituted by No. 13 of 1986, s. 4 ][Section 87H Subsection (1A) inserted by No. 40 of 1983, s. 31 ][Section 87H Subsection (2) amended by No. 32 of 1989, s. 8 ][Section 87H Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87J Inserted by No. 110 of 1974, s. 3 ][Section 87J Subsection (1) amended by No. 32 of 1989, s. 8 ][Section 87J Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . .
Subdivision B - . . . . . . . .[Part VI, Div. IIA, Subdiv. B Inserted by No. 32 of 1989, s. 6 ][Subdivision B of Division IIA of Part VI Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87K Inserted by No. 32 of 1989, s. 6 ][Section 87K Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87L Inserted by No. 32 of 1989, s. 6 ][Section 87L Subsection (1) amended by No. 62 of 1996, s. 3 and Sched. 1 ][Section 87L Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 87L Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87M Inserted by No. 32 of 1989, s. 6 ][Section 87M Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87N Inserted by No. 32 of 1989, s. 6 ][Section 87N Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . . [Section 87P Inserted by No. 32 of 1989, s. 6 ][Section 87P Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 87P Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] . . . . . . . .
Division IIB - [Part VI, Div. IIB Heading inserted by No. 40 of 1983, s. 27 ]Other lotteries
[Section 88 Substituted by No. 85 of 1976, s. 7 ][Section 88 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ](1) Subject to section 88A , it is lawful for any person to conduct a raffle, or a game by way of lottery on the outcome of a sporting event, if the proceeds are to be applied exclusively for the lawful purposes of some organization, institution, body, or association of persons and not for the private gain or benefit of any person except by way of charity.(2) [Section 88 Subsection (2) amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ]No person shall sell any ticket, share, or interest in a raffle, or a game by way of lottery on the outcome of a sporting event, the proceeds of which are to be applied wholly or partly for the private gain or benefit of any person other than by way of charity.Penalty: Fine not exceeding 10 penalty units.
88A. Raffles and games for prizes of a value exceeding $500
[Section 88A Substituted by No. 40 of 1990, s. 25 ](1) [Section 88A Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person shall not conduct, or take part in the conduct of, a raffle or a game by way of lottery on the outcome of a sporting event if –(a) the total of the prevailing retail values of the prizes to be won in the raffle or game exceeds $500; and(b) a person has not been authorised by the Commission to conduct the raffle or game.Penalty: Fine not exceeding 20 penalty units.(2) A person who intends to conduct a raffle or a game by way of lottery on the outcome of a sporting event may apply to the Commission for an authorisation to conduct the raffle or game.(3) An application for an authorisation to conduct a raffle or a game by way of lottery on the outcome of a sporting event –(a) shall be in a form approved by the Commission; and(b) [Section 88A Subsection (3) amended by No. 21 of 2000, s. 32, Applied:01 Jul 2000] subject to section 88DA , is to be accompanied by the prescribed fee.(4) [Section 88A Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person shall not, in making an application for an authorisation to conduct a raffle or a game by way of lottery on the outcome of a sporting event, make, or cause to be made, a statement or representation that the person knows is false or misleading in a material particular.Penalty: Fine not exceeding 20 penalty units.(5) On receipt of an application for an authorisation to conduct a raffle or a game by way of lottery on the outcome of a sporting event and the prescribed fee under this section, the Commission may grant an authorisation to conduct the raffle or game.(6) An authorisation to conduct a raffle or a game by way of lottery on the outcome of a sporting event is subject to the conditions (including conditions as to the time and place at which the raffle or game is to be held and the furnishing of financial returns in relation to the raffle or game) which are specified in the authorisation, being conditions which the Commission considers appropriate.(7) [Section 88A Subsection (7) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person conducting, or taking part in the conduct of, a raffle or a game by way of lottery on the outcome of a sporting event shall comply with any conditions to which the authorisation relating to the raffle or game is subject.Penalty: Fine not exceeding 20 penalty units.(8) Where it appears to the Commission that the fee paid in relation to an application for an authorisation to conduct a raffle or a game by way of lottery on the outcome of a sporting event was assessed on the basis of an incorrect prevailing retail value for any prize, the Commission may reassess the fee payable in accordance with the principles of assessing fees prescribed.(9) Where a fee has been reassessed under subsection (8) , the reassessed fee or any part of the reassessed fee may be recovered in a court of competent jurisdiction as a debt due to the Commission from the person who applied for the authorisation to conduct the raffle or the game by way of lottery on the outcome of a sporting event.(10) The Commission may, at its discretion, cancel an authorisation to conduct a raffle or a game by way of lottery on the outcome of a sporting event.
[Section 88AB Substituted by No. 53 of 1993, s. 7 ](1) In this section –cash ticket means a chance to win a prize in a disposition of prizes where each prize is an amount of money;controlled activity means –(a) the sale of a cash ticket or a liquor ticket; or(b) the activity known as punchboard; or(c) an activity prescribed in the regulations as a controlled activity for the purposes of this section;liquor has the same meaning as in the Liquor and Accommodation Act 1990 ;liquor licence has the same meaning as in the Liquor and Accommodation Act 1990 ;liquor ticket means a chance to win a prize in a disposition of prizes where each prize is an amount of liquor;net profit, in respect of a controlled activity, means the amount derived from the sale of chances to win prizes in that activity less the reasonable cost of obtaining the materials required to conduct the activity (including any stamp duty) and the value of the prizes;permit means a permit issued by the Commission in accordance with this section;quarter means any period of 3 months ending on 31 March, 30 June, 30 September or 31 December;ticket, in relation to a cash ticket or a liquor ticket, includes a card, an envelope or a similar token.(2) A person must not –unless authorised to do so by a permit.(a) sell a chance to win a prize by means of a controlled activity; or(b) dispose of a prize by means of a controlled activity –Penalty: Fine not exceeding 30 penalty units.(3) An application for a permit is to be made to the Commission on a form provided or approved for the purpose by the Commission and is to be accompanied by any prescribed fee.(4) The Commission must not issue a permit unless –(a) the Commission is satisfied that the net profit arising from the controlled activity will be used for a purpose approved by the Commission, being a purpose that does not allow for the private gain of any person; and(b) in the case of a permit authorising the sale of liquor tickets – the applicant is the holder of a liquor licence.(5) The Commission may issue a permit subject to conditions including, in particular, conditions relating to the following:(a) the conduct of the controlled activity;(b) the time when, and the place where, the controlled activity may be conducted;(c) the maximum price that may be charged for a chance to win a prize in a controlled activity.(6) The Commission must impose in any permit issued by the Commission authorising the sale of cash tickets or liquor tickets –(a) a condition that the holder of the permit does not purchase the tickets except from a licensed supplier, as defined in the Stamp Duties Act 1931 ; and(b) a condition that the tickets are in a form approved by the Commission.(7) The Commission must specify any conditions imposed pursuant to subsection (5) or (6) in the permit.(8) A permit does not authorise –unless all the conditions specified in the permit are complied with.(a) the sale of a chance to win a prize in a controlled activity; or(b) the disposal of a prize by means of a controlled activity –(9) The Commission may issue a permit for a specified period or for a period terminable by the Commission giving to the holder of the permit 28 days written notice.(10) Notwithstanding subsection (9) , the Commission may terminate a permit at any time if the Commission is satisfied –(a) that any condition specified in it has not been complied with; or(b) that any return required to be made by the holder of the permit in accordance with subsection (12) has not been provided by the time specified in that subsection; or(c) that a net profit is not being used for a purpose approved by the Commission.(11) Notwithstanding subsection (9) , a permit that authorises the sale of liquor tickets ceases to be valid if the holder of the permit ceases to be the holder of a liquor licence.(12) Unless exempted from doing so by the Commission, the holder of a permit must, within 14 days after the end of each quarter, provide the Commission with a return, in a form approved by the Commission, showing –in controlled activities authorised by the permit during that quarter.(a) particulars of the proceeds of sales of chances to win; and(b) the distribution of the proceeds of the sale of chances to win –Penalty: Fine not exceeding 10 penalty units.(13) If the holder of a permit fails to provide a return to the Commission in accordance with subsection (12) within the time specified in that subsection or such longer period as the Commission may allow, the holder of the permit must pay to the Commission the prescribed late administration fee.(14) If the holder of a permit fails to use a net profit for a purpose approved by the Commission the holder of the permit must pay to the Commission an amount equal to that net profit.(15) A late administration fee payable by virtue of subsection (13) or an amount equal to a net profit payable by virtue of subsection (14) is a debt due to the Commission and may be sued for by the Commission, or by a person appointed by the Commission for the purpose, in a court of competent jurisdiction.(16) If a person is convicted of an offence under subsection (2) the court before which that person is convicted must, in addition to any other penalty it imposes, order that person to pay to the Commission such amount as it considers fairly represents the net profit derived by that person in conducting the controlled activity constituting the offence.(17) The holder of a liquor licence must not permit a controlled activity to be conducted on the premises specified in his or her licence unless the activity is authorised by a permit.Penalty: Fine not exceeding 30 penalty units.
[Section 88B Inserted by No. 108 of 1973, s. 6 ](1) Subject to subsection (4) , the Commission may, in its absolute discretion, authorise a person or a body of persons (whether incorporated or not) to conduct a calcutta sweepstake, or a series of calcutta sweepstakes, on the happening of sporting contingencies.(2) The Commission may, in its absolute discretion, at any time cancel an authorisation given under this section.(3) When a calcutta sweepstake is conducted, not more than 10 per cent of the gross proceeds shall be retained by the person or body of persons conducting it and that person or body of persons shall distribute the remainder of those proceeds to the prize-winners.(4) The Commission shall not authorise the conduct of a calcutta sweepstake or a series of calcutta sweepstakes unless the net proceeds are to be applied exclusively for the lawful purposes of some organization, institution, body, or association of persons and not for the private gain or benefit of any person except by way of charity.(5) [Section 88B Subsection (5) inserted by No. 40 of 1983, s. 34 ][Section 88B Subsection (5) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person or body of persons (whether incorporated or not) shall not conduct, or cause or permit to be conducted, a calcutta sweepstake, or a series of calcutta sweepstakes, on the happening of sporting contingencies, unless that person or body is the holder of an authorisation under this section.Penalty: Fine not exceeding 30 penalty units.
[Section 88C Inserted by No. 108 of 1973, s. 6 ](1) The Commission may, in its absolute discretion, authorise a person or a body of persons (whether incorporated or not) to conduct by way of lottery games being, or played in a manner substantially similar to, the game known as "bingo" or a series of such games.(2) Games, referred to in subsection (1) , may be authorised under this section and not otherwise.(3) The Commission may, in its absolute discretion, at any time cancel an authorisation given under this section.(4) The Minister may by order determine, either generally or in any particular case, and when so doing may differentiate in particular cases, the maximum amount that may be paid by way of prize-money in respect of a game the conduct of which is authorised by this section.(5) The provisions of –apply to and in relation to an order made by the Minister under subsection (4) as if the order were a regulation.(a) section 47 of the Acts Interpretation Act 1931 ; and(b) the Subordinate Legislation Committee Act 1969 –(6) The Commission shall not authorise under this section the conduct of games of bingo or a series of games of bingo unless the proceeds are to be applied exclusively for the lawful purposes of some organization, institution, body, or association of persons and not for the private gain or benefit of any person except by way of charity.(7) [Section 88C Subsection (7) substituted by No. 40 of 1983, s. 35 ][Section 88C Subsection (7) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person or a body of persons (whether incorporated or not) shall not conduct, or cause or permit to be conducted, any games referred to in subsection (1) or a series of such games, unless that person or body is the holder of an authorisation under this section.Penalty: Fine not exceeding 30 penalty units.
[Section 88D Substituted by No. 85 of 1976, s. 8 ](1) An authorisation to conduct –or a series of any of them, shall be granted only on payment of the fee (if any) prescribed in the particular case and shall remain in force (unless sooner cancelled) for such period as the Commission shall specify therein.(a) a calcutta sweepstake as provided by section 88B ; or(b) games being, or played in a manner substantially similar to, the game known as "bingo" as provided by section 88C –(1A) [Section 88D Subsection (1A) inserted by No. 40 of 1983, s. 36 ]An authorisation to conduct a calcutta sweepstake referred to in subsection (1) (a) , games referred to in subsection (1) (b) , or a series of such calcutta sweepstakes or games may be subject to such conditions with respect to the conduct of the calcutta sweepstakes, games, or series as the Commission determines and as are printed on, or attached to, the authorisation.(1B) [Section 88D Subsection (1B) inserted by No. 40 of 1983, s. 36 ][Section 88D Subsection (1B) amended by No. 53 of 1993, s. 12 and Sched. 1 ]The holder of an authorisation referred to in subsection (1A) which is subject to conditions under that subsection shall not contravene, or fail to comply with, such a condition.Penalty: Fine not exceeding 30 penalty units.(2) When authorising the conduct of a calcutta sweepstake, referred to in subsection (1) (a) , the Commission shall specify the day, or the period of time, not exceeding 42 days, immediately preceding the scheduled date or the latest scheduled date of the sporting contingency or contingencies (as the case may be) on or during which the sweepstake may be lawfully conducted.(3) When authorising the conduct of games referred to in subsection (1) (b) , the Commission shall specify the day on which the games may be lawfully conducted.(4) When authorising the conduct of a series of calcutta sweepstakes or games referred to in subsection (1) , the Commission shall specify therein the period, not exceeding one year from the date thereof, for which the authorisation is to be effective.(5) When determining the period of time during which a calcutta sweepstake or game referred to in subsection (1) , or a series of either of them, may be authorised under this section, the Commission shall have regard to the reasonable requirements of the organization, institution, body, or association of persons by or on behalf of which it is being conducted and to the public interest.(6) When giving any of the authorisations referred to in subsection (1) , the Commission shall specify the place where the calcutta sweepstake or game, or the series of either of them, as the case may be, may be conducted and, subject to section 88E , the day and time at or during which it may be conducted.(7) Where any of the authorisations referred to in subsection (1) relates to a series of calcutta sweepstakes or games, different places may be specified for the purposes of the conduct of the particular calcutta sweepstakes or games within the series.(8) For the purposes of subsections (6) and (7) , and of section 88E –(a) a calcutta sweepstake is conducted at any place where, and at any time when, tickets or chances are sold therein; and(b) a game is played at any place where, and at any time when, players participate in the game.
88DA. Set off for goods and services tax in respect of raffle, calcutta sweepstakes or bingo authorisation
[Section 88DA Inserted by No. 21 of 2000, s. 33, Applied:01 Jul 2000](1) Subject to subsections (2) and (3) , a person for whom an authorisation under section 88A , 88B or 88C is granted may apply to the Commission for a refund of the fee paid under section 88A or 88D in respect of that authority equal to the amount of goods and services tax paid in respect of the activity authorised.(2) The amount of any refund under subsection (1) is limited to the amount of tax or fee paid in respect of the authorisation.(3) The Commissioner for State Revenue must not pay a refund unless the Tasmanian Gaming Commission is satisfied that the goods and services tax has been paid.(4) The provisions of the Taxation Administration Act 1997 apply to this section and, for that purpose, this section is taken to be a taxation law within the meaning of that Act.
88E. Lotteries not to be conducted on Sunday, &c.
[Section 88E Inserted by No. 108 of 1973, s. 6 ]Notwithstanding anything in this Division, it is not lawful for any raffle, game, or calcutta sweepstake to be conducted at any time on Good Friday.
Division IIC - [Part VI, Div. IIC Heading inserted by No. 40 of 1983, s. 27 ]Offences
89. Certain games deemed to be lotteries and unlawful
(1) For the purposes of this Part, each of the following games is a lottery, namely:(a) the game known as faro or any similar game;(b) the game known as roulette or any similar game; and(c) every game invented, or to be invented, with one die or two or more dice, or with any other instrument, engine, or device in the nature of a die having thereon one number or figure or more numbers or figures than one, except –(i) backgammon and games with backgammon tables; and(ii) any game declared by the regulations to be excluded from the operation of this section.(2) A game (other than a game referred to in subparagraph (i) or subparagraph (ii) of subsection (1) (c) ) that is a lottery for the purposes of this Part or that is in fact a game by way of lottery is an unlawful game and shall be deemed to be within the meaning of the expression "unlawful game" in any Act.
[Section 90 Amended by No. 55 of 1965, s. 5 ](1) [Section 90 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 90 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –(a) keep a place for the purpose of an unlawful lottery being carried on or conducted therein; or(b) knowingly suffer an unlawful lottery to be carried on or conducted in a place of which he is the occupier.Penalty: Fine not exceeding 30 penalty units in respect of a first offence and a fine not exceeding 50 penalty units or imprisonment for a term not exceeding 6 months in respect of a subsequent offence.(2) [Section 90 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 90 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall play, draw, throw, stake, or adventure at or in a lottery, or contribute any money or other valuable property, matter, or thing to a sale or disposition of property by way of lottery, unless the lottery is authorised by or under this Division.Penalty: Fine not exceeding 20 penalty units.(3) [Section 90 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 90 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –(a) receive, or cause to be received, any money or other valuable property, matter, or thing in consideration of any money or other valuable property, matter, or thing to be paid, transferred, or given in case any ticket-number or chance in a lottery that is not authorised by or under this Division proves fortunate;(b) on or under any pretence, form, denomination, or description, promise or agree to pay, transfer, or give any money or other valuable property, matter, or thing, or to do or forbear doing anything for the benefit of a person, whether with or without consideration, on an event or a contingency relating to the result of a lottery that is not authorised by or under this Division.Penalty: Fine not exceeding 30 penalty units.
91. Offences connected with printing, advertising, &c.
(1) [Section 91 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 91 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 91 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –a lottery that is not authorised by or under this Division.(a) print, publish, or exhibit any advertisement or information relating, or purporting to relate, to;(b) permit or suffer to be printed or published in a newspaper of which he is the proprietor, printer, or publisher, any information relating, or purporting to relate, to;(c) exhibit, or permit or suffer to be exhibited, or assist in exhibiting in, on, or about, any place, any document containing any information relating to; or(d) print any ticket in or for –Penalty: Fine not exceeding 30 penalty units.(2) [Section 91 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 91 Subsection (2) amended by No. 108 of 1973, s. 7 ][Section 91 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 91 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –(a) advertise a lottery in contravention of the regulations; or(b) conduct or take part in conducting a lottery that is authorised as provided by this Division otherwise than as may be prescribed.Penalty: Fine not exceeding 20 penalty units.(3) [Section 91 Subsection (3) amended by No. 32 of 1960, s. 4 ][Section 91 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 91 Subsection (3) amended by No. 108 of 1973, s. 7 ][Section 91 Subsection (3) amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 91 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –(a) sell any ticket, share, or interest in a lottery that is not authorised, or if the sale is not permitted under this Division; or(b) distribute tickets in a lottery that is not so authorised, knowing that the tickets are intended for sale.Penalty: Fine not exceeding 20 penalty units.(4) [Section 91 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 91 Subsection (4) amended by No. 40 of 1983, s. 37 and s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 91 Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –any ticket, share, or interest in a lottery.(a) except where authorised so to do by or under this Act, sell in a street or public place; or(b) make a house to house canvass for the sale of –Penalty: Fine not exceeding 20 penalty units.(4A) [Section 91 Subsection (4A) inserted by No. 40 of 1983, s. 37 ][Section 91 Subsection (4A) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person shall not cause, procure, or permit a person –(a) under the age of 13 years to sell any ticket, share, or interest in a lottery; or(b) who has attained that age but who has not attained the age of 16 years to sell any ticket, share, or interest in a lottery the prize, or the total of prizes, in respect of which exceeds $500 in value.Penalty: Fine not exceeding 20 penalty units.(5) [Section 91 Subsection (5) amended by No. 108 of 1973, s. 7 ][Section 91 Subsection (5) amended by No. 40 of 1983, s. 45 and Sched. 2 ]For the purposes of subsection (4) –(a) . . . . . . . .(b) a canvass shall be deemed to be made from house to house whether it is made at private dwellings or business premises or both; and(c) a sale made by or on behalf of a person in an office or a shop occupied by that person shall not be deemed to be made in a public place.(6) [Section 91 Subsection (6) added by No. 108 of 1973, s. 7 ][Section 91 Subsection (6) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 91 Subsection (6) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person who is under the age of 18 years shall play, draw, throw, stake, or venture at or in a lottery, or contribute any money or other valuable property, matter, or thing to a disposition of property or money by way of lottery.Penalty: Fine not exceeding 10 penalty units.(7) [Section 91 Subsection (7) inserted by No. 40 of 1983, s. 37 ][Section 91 Subsection (7) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person shall not sell to, or cause or permit to be sold to, a person under the age of 18 years any ticket, share, or interest in a lottery.Penalty: Fine not exceeding 20 penalty units.(8) [Section 91 Subsection (8) inserted by No. 40 of 1983, s. 37 ]It is a defence to a charge under subsection (7) if the defendant satisfies the court that he had reasonable grounds for believing that the person to whom he is alleged to have sold, or caused or permitted to be sold, any ticket, share, or interest in a lottery had attained the age of 18 years.
(1) The sale of a ticket or thing purporting to be, or usually or commonly known as, a Chinese lottery ticket, whether marked or otherwise, shall, unless the contrary is proved, be evidence of the existence of a lottery and of an undertaking to pay a sum of money or other prize to the purchaser or holder of, or person producing, the ticket, on the event of the lottery.(2) It shall not be necessary, in any proceedings, to prove that a ticket purporting to be, or usually or commonly known as, a Chinese lottery ticket, relates to a particular lottery or that a lottery has been or will be drawn.
Division III - Unlawful betting and gaming
93. Prohibition of opening, using, &c., places for unlawful gaming
(1) [Section 93 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 93 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 93 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –(a) being the occupier of a place –for the purpose of unlawful gaming being carried on therein or thereon;(i) open, keep, or use the place; or(ii) knowingly permit the place to be opened, kept, or used –(b) in any way assist in conducting the business of a place that is so opened, kept, or used; or(c) advance, furnish, or provide money for the purpose of gaming with persons frequenting a place that is so opened, kept, or used.Penalty: Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months.(2) [Section 93 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 93 Subsection (2) amended by No. 10 of 1971, s. 29 ][Section 93 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 93 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall, without lawful excuse, be found in a place that is kept or used as, or is, a common gaming-house.Penalty: Fine not exceeding 20 penalty units.
94. Unlawful betting-place a common nuisance
(1) Except where otherwise expressly provided in this Act, no place shall be opened, kept, or used for the purpose of –and a place that is opened, kept, or used for all or any of those purposes is a common nuisance and is contrary to law.(a) the occupier thereof betting with any person either –(i) in person;(ii) by messenger or agent;(iii) by post, telephone, or telegraph; or(iv) in any other manner; or(b) any money or valuable thing being received by or on behalf of the occupier thereof as or for the consideration for –any money or valuable thing on a sporting contingency –(i) an assurance or undertaking to pay or give; or(ii) securing the paying or giving by some other person of –(2) A place that is a common nuisance by virtue of this section is in this Division referred to as an unlawful betting-place.
95. Prohibition of keeping, using, &c., unlawful betting-places
(1) [Section 95 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 95 Subsection (1) amended by No. 10 of 1971, s. 30 ][Section 95 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 95 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –an unlawful betting-place.(a) open, keep, or use;(b) permit any place of which he is the occupier to be opened, kept, or used as; or(c) in any manner assist in conducting the business of –Penalty: Fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months.(2) [Section 95 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 95 Subsection (2) amended by No. 10 of 1971, s. 30 ][Section 95 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 95 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person –any money or valuable thing on the happening of a sporting contingency.(a) being the occupier of an unlawful betting-place;(b) acting for or on behalf of the occupier of an unlawful betting-place; or(c) in any way assisting in conducting the business of an unlawful betting-place –shall directly or indirectly receive any money or valuable thing –(d) as a deposit on a bet on condition of paying or giving; or(e) as or for the consideration for an undertaking to pay or give thereafter –Penalty: Fine not exceeding 20 penalty units or imprisonment for term not exceeding 3 months.(3) [Section 95 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 95 Subsection (3) amended by No. 10 of 1971, s. 30 ][Section 95 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 95 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall give an acknowledgment on the receipt of any money or valuable thing (received as mentioned in subsection (2) ) purporting or intended to entitle the bearer or any other person to receive any money or valuable thing on the happening of a sporting contingency.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.(4) [Section 95 Subsection (4) added by No. 42 of 1961, s. 17 ][Section 95 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 95 Subsection (4) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 95 Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –(a) bet with the occupier of an unlawful betting-place or with any person acting for or on behalf of that occupier or in any manner assisting in the conduct of the business of that unlawful betting-place; or(b) pay, hand, or deliver to, or deposit with, or promise to pay, hand, or deliver to, any such person as is referred to in paragraph (a) any money or valuable thing in the expectation of receiving, or as a condition of being paid or given, or in consideration of an undertaking to be paid or given, any money or valuable thing on the happening of a sporting contingency.Penalty: Fine not exceeding 20 penalty units.
96. Prohibition of advertising of unlawful betting-places
(1) [Section 96 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 96 Subsection (1) amended by No. 10 of 1971, s. 31 ][Section 96 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –any placard, handbill, card, sign, or writing whereby it is made to appear that the place of which he is the occupier, or any other place, is opened, kept, or used for the purpose of betting or making bets or wagers or for the purpose of exhibiting lists for betting, or with intent thereby to induce any person to resort to any place for the purpose of betting.(a) exhibit or publish, or cause to be exhibited or published; or(b) permit to be exhibited or published in or on any place of which he is the occupier –Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.(2) [Section 96 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 96 Subsection (2) amended by No. 10 of 1971, s. 31 ][Section 96 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 96 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –invite any person to resort to that place for the purpose of betting.(a) being the occupier of an unlawful betting-place; or(b) for or on behalf of the occupier of, or other person concerned in the business of, an unlawful betting-place –Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.(3) [Section 96 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 96 Subsection (3) amended by No. 10 of 1971, s. 31 ][Section 96 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 96 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall send, exhibit, or publish, or cause to be sent, exhibited, or published, any letter, circular, telegram, placard, handbill, card, or advertisement –(a) whereby it is made to appear that a person in this State or elsewhere will, on application, give information or advice for the purpose of or with respect to a bet or wager to which this Division applies, or a sporting contingency, or will make on behalf of any other person a bet or wager to which this Division applies; or(b) with intent to induce a person (whether a particular person or generally) to apply to any place, or to any person, with the view of obtaining information or advice for the purpose of a bet or wager to which this Division applies, or with respect to a sporting contingency.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.
97. Prohibition of betting, &c., with minors
(1) [Section 97 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 97 Subsection (1) amended by No. 10 of 1971, s. 32 ][Section 97 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 97 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –(a) make, or offer to make, a bet or wager with a person whom he knows to be a minor, or with a person on behalf of a minor; or(b) for the purpose of earning any commission, reward, profit, benefit, or advantage, send or cause to be sent to a person whom he knows to be a minor any circular, notice, advertisement, letter, telegram, or other document that invites or may reasonably be implied to invite the person receiving it to make a bet or wager or to enter into or take a share or an interest in a betting or wagering transaction, or to apply to a person or at a place with a view to obtaining information or advice for the purpose of a bet or wager, or for information as to any race, game, sport, or other contingency upon which betting or wagering is generally carried on.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.(2) A person who makes a bet with or wagers with a person who is apparently a minor shall, if the last-mentioned person is a minor, be deemed to have known that he is a minor unless he proves that he had reasonable grounds for believing, and did believe, him to be of full age.
98. Prohibition of carrying on of unauthorised betting business
(1) [Section 98 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 98 Subsection (1) amended by No. 10 of 1971, s. 33 ][Section 98 Subsection (1) amended by No. 1 of 1974, s. 30 ][Section 98 Subsection (1) amended by No. 40 of 1983, s. 38 ][Section 98 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall carry on the business of betting unless he is registered as a bookmaker under Part V .Penalty: Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 6 months or both in respect of a first offence, a fine not exceeding 300 penalty units or imprisonment for a term not exceeding 12 months or both in respect of a second offence and a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 2 years or both in respect of a subsequent offence.(1A) [Section 98 Subsection (1A) inserted by No. 42 of 1961, s. 18 ][Section 98 Subsection (1A) amended by No. 55 of 1965, s. 5 ][Section 98 Subsection (1A) amended by No. 1 of 1974, s. 30 ][Section 98 Subsection (1A) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 98 Subsection (1A) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall bet with any person carrying on the business of betting unless the person carrying on that business is registered as a bookmaker under Part V .Penalty: Fine not exceeding 30 penalty units.(1B) [Section 98 Subsection (1B) inserted by No. 42 of 1961, s. 18 ]It is a defence in proceedings for an offence alleged to have been committed against subsection (1A) for the defendant to show that he believed, and had reasonable grounds for believing, that the person with whom the bet was made was registered as a bookmaker under Part V .(2) [Section 98 Subsection (2) omitted by No. 10 of 1971, s. 33 ]. . . . . . . .
99. Prohibition of betting in public places
[Section 99 Amended by No. 55 of 1965, s. 5 ][Section 99 Amended by No. 10 of 1971, s. 34 ][Section 99 Amended by No. 1 of 1974, s. 31 ][Section 99 Amended by No. 40 of 1983, s. 39 ][Section 99 Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall, either personally or by means of an agent –(a) bet in a public place; or(b) frequent, loiter in, use, or be in a public place for the purpose of betting.Penalty: Fine not exceeding 200 penalty units in respect of a first offence, a fine not exceeding 300 penalty units or imprisonment for a term not exceeding 6 months or both in respect of a second offence and a fine not exceeding 500 penalty units or imprisonment for a term not exceeding 12 months or both in respect of a subsequent offence.
99A. Defence to charges of unlawful betting, &c.
[Section 99A Inserted by No. 85 of 1976, s. 8 ][Section 99A Amended by No. 73 of 1979, s. 5 ]It is a defence to a charge under section 98 or section 99 (a) if the person charged proves that the transaction in respect of which he is charged was conducted in pursuance of an agreement with another person to place the bet with a bookmaker registered under Part V lawfully carrying on business or on a totalizator being lawfully conducted and that neither he nor the person who authorised him to place the bet should receive any fee, commission, or reward for placing the bet.
100. Removal of suspected person from sports grounds, &c.
(1) [Section 100 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]If the club committee or other governing body of a club having the control of a place where a sporting event is being, or is about to be, held has reasonable grounds for believing that a person found in that place –the club committee or governing body may cause that person to be removed from that place by an agent or servant of the club or by a police officer.(a) is an unlawful bookmaker;(b) is, or on that day has been, engaged in betting unlawfully in that place; or(c) makes a practice of betting unlawfully –(2) [Section 100 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The direction or request of the club committee or governing body shall be sufficient authority to the agent, servant, or police officer, or to any police officer, to remove that person accordingly.(3) [Section 100 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 100 Subsection (3) amended by No. 10 of 1971, s. 35 ][Section 100 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 100 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person –(a) who is removed from a place as provided by this section shall re-enter that place on the day of his removal therefrom; or(b) who is warned as provided by section 101 not to be present or not to attend at any ground shall enter or be in or on that ground on a day to which the warning applies.Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months in respect of a subsequent offence.(4) A person who contravenes the provisions of subsection (3) may be arrested without warrant by any police officer.
101. Power of club to warn suspected person not to attend at sports meetings
(1) [Section 101 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A club may, by notice in writing under the hand of the secretary of the club, warn a person who is known by the club committee or other governing body of the club to be, or suspected by it of being, an unlawful bookmaker, or known by it to make, or suspected by it of making, a practice of betting unlawfully, not to attend or be present at any sports promoted, conducted, or controlled by that club, and that he will not be admitted to any ground on which the sports are about to be, or may at any time thereafter be, conducted.(2) A notice under this section shall be served personally on the person to whom it applies.(3) A club may, at any time, rescind a notice under this section, if it is satisfied that there is no reason for allowing it to remain in operation.
102. Application of certain provisions
The provisions of sections 100 and 101 –[Section 103 Repealed by No. 40 of 1983, s. 40 ]. . . . . . . .(a) shall extend to every ground of which a club therein mentioned has control at the relevant time, whether or not the ground is owned by the club or is at any other time subject to a right of public use or entry; and(b) shall be in addition to, and not in derogation of, any other powers that the club may possess.
104. Tasmanian gaming licence lottery not affected
[Section 104 Substituted by No. 103 of 1999, s. 8, Applied:22 Dec 1999] This Division does not apply in relation to a lottery conducted under the authority of a Tasmanian gaming licence, endorsed with a major lottery endorsement, in force under the Gaming Control Act 1993 .
Division IV - Unlawful games
[Section 105 Amended by No. 52 of 1964, s. 5 ](1) [Section 105 Subsection (1) amended by No. 42 of 1961, s. 19 ][Section 105 Subsection (1) amended by No. 108 of 1973, s. 8 ]Except as provided by Division II of this Part and subsection (2) , each of the following games is an unlawful game, and the playing thereof is unlawful gaming, namely:(a) the Chinese game of fan-tan or any similar game;(b) the game known as two-up or any similar game;(c) the games of ace of hearts, faro, basset, hazard, passage, roulette, dinah minah, baccarat, manilla, housey housey, or any game similar to any of those games, and every game of dice except backgammon;(d) any game in which the chances are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed or against whom the other players bet, play, or stake; and(e) any game with cards or any other instruments of gaming wherefrom any person derives a percentage or share of the amounts wagered.(2) The regulations may exclude from the operation of this section any game that, but for the regulations, would be an unlawful game within the meaning of this section.(3) A regulation under subsection (2) may prescribe the conditions on which, and the limits within which, a game to which the regulation applies may lawfully be played.(4) Where any game is so excluded from the operation of this section, that game shall, subject to the observance of the conditions (if any) and within the limits (if any) that are prescribed, be deemed to be a lawful game and the playing thereof to be lawful.(5) [Section 105 Subsection (5) substituted by No. 42 of 1961, s. 19 ][Section 105 Subsection (5) amended by No. 104 of 1977, s. 12 ][Section 105 Subsection (5) amended by No. 40 of 1983, s. 41 ]For the purposes of this section the following instruments and devices are unlawful instruments, namely:(a) . . . . . . . .(b) any instrument or device the operation of which is effected or initiated by the insertion of a coin or disc in a slot or by any other mechanical means and which is used or designed for the purpose of deciding, on any contingency, whether any person is to be entitled to receive a prize or reward other than the fair equivalent in value of any money or money's worth staked by that person; and(c) any instrument or device operated by a player with the intention that he has a chance to –(i) win money;(ii) win or accumulate tokens that are capable of being converted into money or goods; or(iii) accumulate credits that are capable of being converted into money or goods.(5A) [Section 105 Subsection (5A) inserted by No. 42 of 1961, s. 19 ]A device or instrument that is used only by a person who is licensed to conduct lotteries solely for the purposes of a lottery authorised by or under Division II of this Part is not an unlawful instrument for the purposes of this section.(5AB) [Section 105 Subsection (5AB) inserted by No. 40 of 1983, s. 41 ]The Commission may, by instrument in writing, exclude from the operation of this section any device or instrument (other than a poker machine) that, but for its exclusion by the Commission under this subsection, would be an unlawful instrument for the purposes of this section.(5B) [Section 105 Subsection (5B) inserted by No. 42 of 1961, s. 19 ]A person who uses or plays on an unlawful instrument shall, for the purposes of this section, be deemed to be playing an unlawful game.(6) [Section 105 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 105 Subsection (6) amended by No. 10 of 1971, s. 36 ][Section 105 Subsection (6) amended by No. 40 of 1983, s. 4 and Sched. 1 ][Section 105 Subsection (6) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall play an unlawful game.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding one month.(7) [Section 105 Subsection (7) amended by No. 55 of 1965, s. 5 ][Section 105 Subsection (7) amended by No. 10 of 1971, s. 36 ][Section 105 Subsection (7) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 105 Subsection (7) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall play an unlawful game in a public place.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding one month.(8) A person who, by any fraud or unlawful device or ill-practice in playing at or with cards, dice, tables, or other game, or in bearing a part in the stakes, wagers, or adventures, or in betting on the sides or hands of persons who do play, wins from any other person to himself a sum of money or valuable thing, shall be deemed to be guilty of obtaining that money or valuable thing from that other person by a false pretence with intent to cheat or defraud that other person of it, and shall be liable to be punished accordingly.(9) [Section 105 Subsection (9) substituted by No. 52 of 1964, s. 5 ][Section 105 Subsection (9) amended by No. 55 of 1965, s. 5 ][Section 105 Subsection (9) amended by No. 10 of 1971, s. 36 ][Section 105 Subsection (9) amended by No. 108 of 1973, s. 8 ][Section 105 Subsection (9) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 105 Subsection (9) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –any instrument or device that is an unlawful instrument.(a) use; or(b) except as provided by subsection (9A) , have in his possession –Penalty: Fine not exceeding 20 penalty units.(9A) [Section 105 Subsection (9A) substituted by No. 108 of 1973, s. 8 ]It shall be lawful for the owner or master of a vessel that is in, or travelling to or from, a port in this State prior to, or after the termination of, a voyage between this State and a port outside this State, to have in his possession any instrument or device that is an unlawful instrument, if, when the vessel is in this State, the unlawful instrument is kept locked or otherwise dealt with so as to render it –(a) incapable of being used by any person; or(b) inaccessible to the public.(10) Where a person is convicted of an offence against this section the court shall order to be forfeited to Her Majesty the unlawful instrument in respect of the use or possession of which the conviction is imposed.(11) Every instrument that is ordered to be forfeited to Her Majesty in pursuance of subsection (10) shall be destroyed at such time and place as the Minister directs.(12) No action, claim, or demand shall be made or allowed by or in favour of any person against Her Majesty or the Minister or any police officer acting in good faith in the execution of this Act, for or in respect of any damage, loss, or injury sustained or alleged to have been sustained by reason of the seizure or destruction of an unlawful instrument in pursuance of this section.(13) [Section 105 Subsection (13) omitted by No. 108 of 1973, s. 8 ]. . . . . . . .
PART VII - Miscellaneous
106. Witnesses not excused from giving evidence likely to incriminate them
(1) No person, not being a defendant, who is called or examined as a witness on the hearing of any proceedings in respect of an offence committed or alleged to have been committed against any of the provisions of this Act, shall be excused from being so examined, or from answering any question put to him as a witness, on the ground that his evidence or the answer to any question might tend to incriminate him or render him liable to a prosecution.(2) A person who, on being examined, in the opinion of the adjudicating magistrate, justices, or judge, makes a true and faithful discovery to the best of his knowledge of all matters as to which he is examined, shall be entitled to receive from the adjudicating magistrate or justices, or from the judge, a certificate in writing to that effect, and thereupon, but not otherwise, shall be free from all proceedings, penalties, and punishment to which he might have been or become liable in respect of the matters touching which he has been so examined.(3) If an action or other proceeding is at any time pending in any court against a person so examined in respect of any act or thing committed or done in contravention of this Act touching which he is so examined as a witness, the court shall, on the production and proof of the certificate, stay the proceedings in the action or other proceeding, and may, in its discretion, award to that person such costs as he may have been put to by the action or other proceeding.
106A. Power of officers to attend gaming activities, &c.
[Section 106A Substituted by No. 53 of 1993, s. 8 ](1) An officer of the Commission, authorised to do so by the Commission, and any police officer may enter and remain on any premises where any gaming activity authorised in accordance with Part VI is being, or is about to be, conducted or while any person remains on the premises after the conduct of the activity.(2) An officer referred to in subsection (1) may, while on the premises –(a) inspect any books, accounts, records or documents or any equipment that is capable of being used in connection with the gaming activity; and(b) ask any person on the premises to give the officer that person's name, age, address and any information known to that person relating to the conduct of the activity.
107. Power to enter and search places used for, and arrest persons suspected of, offences against this Act
(1) On complaint by an authorised police officer stating that, in his opinion, there are reasonable grounds for suspecting that in or on a place, whether a public place or not (other than betting premises), a person has committed, or is committing, or is about to commit, an offence against this Act, a justice may issue to that police officer a warrant in or to the effect of the form in Schedule III .(2) [Section 107 Subsection (2) amended by No. 18 of 1953, s. 8 ]An authorised police officer to whom a warrant under this section is issued may –(a) within the period of 14 days after the date of the warrant, either alone, or with the assistance of such police officers or other persons as he thinks fit, at any time, whether by day or by night, enter or re-enter into or on, and search, the place to which the warrant relates;(b) use force if necessary in making entry or re-entry, whether by breaking open doors or windows, or otherwise;(c) break open and search any cupboards, drawers, chests, trunks, boxes, bags, parcels, packages, or other things, whether fixtures or not, in which, in his opinion, there are reasonable grounds for suspecting that there are any dice, balls, counters, tables, or other instruments of gaming, or any money, lists, cards, books, tickets, vouchers, papers, or other documents that may reasonably be supposed to have been used, or to be designed for use, in connection with, or in relation to, any offence against this Act;(d) seize and retain any dice, balls, counters, tables, or other instruments of gaming, and any money, lists, cards, books, tickets, vouchers, papers, or other documents that he finds in or on that place, or in any cupboard, drawer, chest, trunk, box, bag, parcel, package, or other thing therein or thereon, whether a fixture or not, or make copies of, or take extracts from, any lists, cards, books, tickets, vouchers, papers, or other documents that he so finds; and(e) search the clothing and person of any person whom he finds in, on, or about that place, and arrest any person whom he finds in, on, or about that place and bring him or cause him to be brought before some justice or justices to be dealt with according to law.(3) Any dice, balls, counters, tables, or other instruments of gaming, and any money, lists, cards, books, tickets, vouchers, papers, or other documents that are seized by an authorised police officer in pursuance of this section, and any copies of, or extracts from, any lists, cards, books, tickets, vouchers, papers, or other documents that are made or taken by an authorised police officer pursuant to this section, may be used in evidence in any proceedings that may be taken against any person in respect of any offence alleged to have been committed by that person, and the onus of proving that the dice, balls, counters, tables, or other instruments of gaming, or the money, lists, cards, books, tickets, vouchers, papers, or other documents do not relate, or are not connected with, any act that constitutes an offence against this Act shall lie on the person charged with that offence.
108. Power to arrest, &c., persons betting in public places
(1) If an authorised police officer has reasonable grounds for believing that a person –he may arrest that person without warrant.(a) is, or has recently been, unlawfully betting in a public place; or(b) is in a public place for the purpose of betting unlawfully –(2) [Section 108 Subsection (2) substituted by No. 42 of 1961, s. 20 ]If an authorised police officer has reasonable grounds for believing that a person is, or has recently been, playing an unlawful game he may arrest that person without warrant and may seize and retain any articles, instruments, or devices that appear to him to have been used in the playing of that game.(3) [Section 108 Subsection (3) substituted by No. 42 of 1961, s. 20 ]Where a person is arrested under this section, the police officer by whom he is arrested may search him in a police station, or in a private room in some hotel, public-house, or racecourse in the vicinity of the place in which he was arrested, or in some other place to which the person arrested agrees to go for the purpose of being searched, and the police officer may require the person arrested to accompany him to any place in which that person may be searched under this subsection.(4) [Section 108 Subsection (4) inserted by No. 42 of 1961, s. 20 ]A police officer may, on arresting or searching a person under this section, retain any moneys, books, papers, tickets, vouchers, documents, instruments, devices, and other articles and things found on that person or in his care or charge or under his control that, in the opinion of the police officer, constitute or contain evidence that that person was, or had recently been, engaged in betting unlawfully or in playing an unlawful game.(5) [Section 108 Subsection (5) added by No. 42 of 1961, s. 20 ]Anything retained under this section on the arrest or search of any person may be used in evidence in any proceedings that may be taken against that person in respect of an offence alleged to have been committed by him at the time of, or immediately before, his arrest.
109. Forfeiture and destruction of instruments of gaming, &c.
(1) [Section 109 Subsection (1) amended by No. 10 of 1971, s. 37 ]Where a person is convicted of an offence against this Act the court by which that person is convicted may order to be forfeited to Her Majesty all or any dice, balls, counters, tables, and other instruments of gaming, and all or any moneys, and all or any lists, cards, books, tickets, vouchers, papers, and other documents, and all or any other articles and things, seized by an authorised police officer pursuant to section 107 or section 108 that relate to, or are connected with, the commission of the offence of which that person is convicted.(2) [Section 109 Subsection (2) amended by No. 22 of 1990, s. 17 ]Any dice, balls, counters, tables, or other instruments of gaming, and any lists, cards, books, tickets, vouchers, papers, and other documents, and any other articles and things, that are ordered to be forfeited to Her Majesty pursuant to this section shall be destroyed at such time and place as the Minister directs, and any money so ordered to be forfeited to Her Majesty shall be paid to the Treasurer to the credit of the Consolidated Fund.(3) No action, claim, or demand shall be made or allowed by or in favour of any person against Her Majesty, or the Minister, or an authorised police officer acting in good faith in the execution of this Act, for or in respect of any damage, loss, or injury sustained or alleged to have been sustained by reason of the seizure or destruction of any dice, balls, counters, tables, or other instruments of gaming, or any lists, cards, books, tickets, vouchers, papers, or other documents, or any other articles or things, or the seizure or payment to the Treasurer of any moneys, mentioned in the foregoing provisions of this section.(4) [Section 109 Subsection (4) added by No. 10 of 1971, s. 37 ]Nothing in this section prejudices or affects the operation of section 105 (10) .
110. Obstruction, &c., of authorised police officers
(1) [Section 110 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 110 Subsection (1) amended by No. 10 of 1971, s. 38 ][Section 110 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 110 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall –(a) wilfully prevent an authorised police officer to whom a warrant to enter a place is issued under section 107 from entering that place or any part thereof;(b) obstruct or delay an authorised police officer to whom a warrant under that section is issued in entering the place to which the warrant relates, or any part thereof;(c) by any bolt, bar, chain, or other contrivance, secure any external or internal door of a place to which a warrant under that section relates or interfere with the means of access thereto; or(d) use any means or contrivance for the purpose of preventing, obstructing, or delaying the entry into the place or any part thereof, of an authorised police officer to whom a warrant under that section is issued.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.(2) [Section 110 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 110 Subsection (2) amended by No. 10 of 1971, s. 38 ][Section 110 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 110 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person who is found in a place that is entered by an authorised police officer pursuant to section 107 , on being arrested by that police officer, or being brought before a justice, if required by the police officer or justice to give his name and address, shall refuse or neglect to give it, or give a false name or address.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding one month.(3) [Section 110 Subsection (3) inserted by No. 108 of 1973, s. 10 ][Section 110 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 110 subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person, when required by a police officer (whether an authorised police officer or not) acting in the execution of his duty under this Act to give his name, age, and address, shall refuse or neglect to give those particulars or give a false name, age, or address.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding one month.(4) [Section 110 Subsection (4) added by No. 108 of 1973, s. 10 ]A police officer making a requirement under subsection (3) may arrest, without warrant, a person who fails or refuses to comply with that requirement or who, in response to that requirement, gives a name, age, or address that the police officer believes on reasonable grounds to be false.
111. Prohibition of giving warning of approach, &c., of police officer
[Section 111 Amended by No. 55 of 1965, s. 5 ][Section 111 Amended by No. 10 of 1971, s. 39 ][Section 111 Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 111 Amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who is in, about, or near to a place (whether a public place or not) for the purpose of giving a warning to any other person of the presence or approach of a police officer or for the purpose of preventing the detection of an offence against this Act shall be guilty of an offence.Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months in respect of a subsequent offence.
111A. Prohibition of communicating certain racing information while race meeting is being held
[Section 111A Inserted by No. 1 of 1974, s. 32 ](1) [Section 111A Subsection (1) amended by No. 50 of 1996, s. 16 ]A person (whether on a racecourse or not) who at any time while a race meeting or betting-only meeting is being held on a racecourse sends, conveys, or communicates, by any means whatever to, or receives from, any person not on that racecourse any information relating or purporting to relate, whether directly or indirectly, to actual or estimated betting odds at a race meeting or betting-only meeting held either in this State or elsewhere on any horse or horses, or greyhound or greyhounds, in any race or combination of races, shall be guilty of an offence.(2) [Section 111A Subsection (2) amended by No. 83 of 1999, s. 72, Applied:01 Dec 1999] [Section 111A Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 111A Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 111A Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 111A Subsection (2) amended by No. 50 of 1996, s. 16 ]Nothing in subsection (1) shall apply to the sending, conveyance, or communication of any information therein referred to–in any case where that information is sent, conveyed, or communicated, or received, under and subject to the conditions imposed in a permit in writing granted by the Director or to any case where the information was originally sent, conveyed, or communicated by the club committee of a club in another State or in a Territory of the Commonwealth.(a) to the place of printing of a newspaper; or(b) to another racecourse on which a race meeting or betting-only meeting is being held–(3) For the purposes of this section a race meeting shall be deemed to be held for a continuous period of time commencing one hour before the advertised starting time of the first race of the race meeting on any day and ending at the advertised starting time of the last race of the race meeting on that day.(4) [Section 111A Subsection (4) amended by No. 83 of 1999, s. 72, Applied:01 Dec 1999] [Section 111A Subsection (4) amended by No. 22 of 1990, s. 17 ]The Director may grant a permit under his hand exempting any person from the operation of this section and may at any time revoke that permit.(5) [Section 111A Subsection (5) amended by No. 83 of 1999, s. 72, Applied:01 Dec 1999] [Section 111A Subsection (5) amended by No. 22 of 1990, s. 17 ]In granting a permit under this section the Director may set out therein any terms and conditions on and subject to which it is granted.
(1) Until the contrary is proved, it shall be sufficient in support of an allegation in a complaint that a place is a common gaming-house or place for gaming to prove that the place is kept or used for playing therein at an unlawful game, and that a bank is kept by one or more of the players exclusively of the others, or that the chances of any game played therein are not alike favourable to all the players, including among the players the banker or other person by whom the game is managed, or against whom the other players stake, play, or bet.(2) A place that is kept for the purpose of playing therein at an unlawful game shall be deemed to be a common gaming-house or place for gaming such as is contrary to Part VI and to all Acts relating to unlawful games or gaming-houses.(3) Where –it shall be evidence, until the contrary is proved, that the place is used as a common gaming-house and that any persons found therein are unlawfully playing therein.(a) an authorised police officer to whom a warrant to enter a place is issued under section 107 is wilfully prevented from or obstructed or delayed in entering that place or any part thereof;(b) an external or internal door of, or a means of access to, a place is found to be fitted or provided with a bolt, bar, or chain, or some other means or contrivance for the purpose of preventing, delaying, or obstructing the entry into the place, or any part thereof, of an authorised police officer to whom a warrant under that section is issued, or for giving an alarm in case of the entry of an authorised police officer to whom a warrant under that section is issued; or(c) a place is found to be fitted or provided with any means or contrivance for unlawful gaming, or with any means or contrivance for concealing, removing, or destroying any instruments of gaming –(4) On proof that any place is opened, kept, or used for the purpose of carrying on therein or thereon an unlawful game or for the purpose of unlawful betting, that place shall be deemed to be so opened, kept, or used with the permission of the occupier thereof unless the contrary is proved.(5) It shall not be necessary, in support of a complaint for gaming in, or suffering any games or gaming in, or for keeping, using, or being concerned in the management or conduct of, a common gaming-house or place for gaming, to prove that a person found playing at any game was playing for any money, wager, or stake.(6) Where any cards, dice, balls, counters, tables, or other instruments of gaming of a class or kind commonly used in playing an unlawful game are found in a place that is suspected to be used as a common gaming-house or place for gaming, and is entered under a warrant under section 107 , or about the person of any person who is found therein, it shall be evidence, until the contrary is proved, that the place is used as a common gaming-house, and that the persons found in the place where the tables or instruments of gaming are found were playing there, notwithstanding that no play was actually going on in the presence of the police officer entering the place under the warrant, or in the presence of those persons by whom he is accompanied.(7) If any circular, notice, advertisement, letter, telegram, or other document mentioned in section 97 (1) is sent to a person at any university, college, school, or other place of education, and that person is a minor the person sending or causing it to be sent shall be deemed to have known that person to be a minor unless he proves that he had reasonable grounds for believing that person to be of full age, and it shall be deemed to have been so sent for the purpose of earning commission, reward, profit, benefit, or advantage, unless he proves to the contrary.(8) A person who is named in any circular, notice, advertisement, telegram, or other document mentioned in section 97 (1) , and appears therefrom to be the person with whom a bet may be made, or from whom any information may be obtained, shall be deemed to be the sender thereof until the contrary is proved.(9) In any proceedings in respect of an offence under section 99 (a) , if the court is of opinion that any money or thing proved to have been given to, or received or paid by, or offered, or agreed to be given to, or received or paid by, the accused person, or any person on his behalf, was given, received, paid, offered, or agreed to be given, received, or paid in circumstances that, in the mind of the court, raise a reasonable suspicion that a contravention of the provisions of that paragraph has been committed in respect thereof, the giving, receiving, or paying, or offer or agreement to give, receive, or pay, shall be deemed, until the contrary is proved, to be evidence of the commission by the defendant of the offence with which he is charged in those proceedings.(10) In any proceedings in respect of offences against this Act, an allegation in a complaint that –as the case may be, shall be deemed to be proved until the contrary is proved.(a) at any relevant time –(i) a person was or was not registered as a bookmaker under Part V ;(ii) any premises were or were not betting premises within the meaning of this Act;(iii) a place was a public place within the meaning of this Act; or(iv) a particular person is or was the occupier of a place mentioned in the complaint; or(b) on a specified day –(i) a race meeting took place, or was appointed to take place, at a specified place; or(ii) a horse or a dog, known by any specified name, competed in, or had been entered to compete in, a race at a race meeting –(11) In any proceedings in respect of the unlawful use of a totalizator, the onus of proving that it was used under the authority, and in accordance with the terms and conditions, of a totalizator licence shall be on the defendant.(12) Where a document containing a notice relating to a lottery is exhibited on or about any land, building, or premises, it shall, unless the contrary is proved, be presumed to have been so exhibited by or with the permission of the occupier of the land, building, or premises.(12A) [Section 112 Subsection (12A) inserted by No. 42 of 1961, s. 21 ]In any proceedings in respect of an offence under this Act an allegation in the complaint that the defendant, at the time at which the offence is alleged to have been committed, was under a specified age shall be deemed to be proved in the absence of proof to the contrary.(12B) [Section 112 Subsection (12B) inserted by No. 10 of 1971, s. 40 ][Section 112 Subsection (12B) amended by No. 21 of 1973, s. 5 and Sched. 1 ]Where, in any proceedings for an offence under section 40 in respect of a person entering or remaining on a racecourse, the defence is made that that person was accompanied by a person who had attained the age of 18 years and it appears to the court that the person last-mentioned may not, at the time at which the offence is alleged to have been committed, have attained that age it shall be presumed, unless the contrary is shown, that he had not at that time attained that age.(13) [Section 112 Subsection (13) amended by No. 42 of 1961, s. 21 ]In any proceedings in respect of an offence against the provisions of –(a) . . . . . . . .(b) section 40 (b) , the defendant shall be deemed to have known that the person entering or remaining on the racecourse was under the age of 16 years unless he proves that he had reasonable grounds for believing, and that he believed, that person to be of or over that age.(14) [Section 112 Subsection (14) inserted by No. 53 of 1993, s. 9 ]In any proceedings in respect of an offence against this Act, a certificate sealed or purporting to be sealed by the Commission, certifying that on a specified date a specified person was or was not authorised or approved in accordance with this Act to conduct gaming or lotteries, is evidence of the matter so certified.
No police officer or other person, if the police officer or person is acting under instructions from an authorised police officer, shall be deemed to be an offender or accomplice in the commission of an offence against this Act, notwithstanding that the police officer or person might, but for this section, have been deemed to be an offender or accomplice.
114. Avoidance of agreements relating to gaming
(1) All agreements, whether by parole or in writing, by way of gaming or wagering, and all claims for money lent or advances for the purpose of gaming are void.(2) No action shall be brought or allowed by or in favour of any person in any court for recovering a sum of money or valuable thing alleged to be won on a wager, or that has been deposited in the hands of a person to abide the event on which a wager is made.(3) [Section 114 Subsection (3) substituted by No. 71 of 1955, s. 16 ][Section 114 Subsection (3) amended by No. 53 of 1993, s. 10 ]This section does not apply to –(a) a subscription or contribution, or an agreement to subscribe or contribute, for or towards a plate, prize, or sum of money to be awarded to the winner of a lawful game, sport, pastime, or exercise;(b) a person receiving or holding a subscription or contribution for the purpose mentioned in paragraph (a) ; or(c) a bet made by or with a bookmaker in accordance with the provisions of Part V ; or(d) an arrangement where, for the purpose of enabling a person to take part in gaming or wagering, that person receives in exchange for a cheque that is not postdated –(i) cash equal to the amount for which the cheque is drawn; or(ii) tokens at the same rate as would apply if cash were given for them; or(iii) a document that is redeemable by the holder for –(A) cash equal to the amount for which the cheque is drawn; or(B) [Section 114 Subsection (3) amended by No. 103 of 1999, s. 9, Applied:22 Dec 1999] tokens at the same rate as would apply if cash were given for them; or(e) [Section 114 Subsection (3) amended by No. 103 of 1999, s. 9, Applied:22 Dec 1999] any gaming or wagering authorised under any other Act.
(1) Any order, notice, or direction that is required or permitted by or under this Act to be served on any person may, unless some other mode of service is expressly prescribed by or under this Act, be served on that person by delivering it to him by hand or by sending it to him by post in a letter addressed to him at his usual or last-known place of abode or business.(2) [Section 115 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Any order, notice, or direction that is required or permitted by or under this Act to be given to or served on a club, the club committee of a club, or a body or an association of persons may, unless some other mode of giving or serving the notice is expressly prescribed by or under this Act, be so given or served by delivering it to the secretary of the club or of the body or association of persons by hand or sending it by post to the secretary thereof by letter addressed to him at his usual or last-known place of abode or business.
116. False return or declaration
[Section 116 Amended by No. 55 of 1965, s. 5 ][Section 116 Amended by No. 10 of 1971, s. 41 ][Section 116 Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 116 Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person who is required by or under this Act to furnish a return or supply any information shall make or furnish a return or supply any information that to his knowledge is false or misleading.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.
117. Penalty for offences by clubs, &c.
(1) [Section 117 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 117 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 117 Subsection (1) amended by No. 10 of 1971, s. 42 ][Section 117 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 117 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 117 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ]Where there is any failure to comply with any directions given by the Director under section 45 (13) , the secretary of the club and each person whose name as a member appears on the list of members last supplied to the Director pursuant to section 35 (2) , shall severally be liable to a fine not exceeding 20 penalty units unless he proves that the failure was not caused by any default or neglect on his part and that it was not within his power to prevent the failure.(2) [Section 117 Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 117 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 117 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 117 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where, by or under this Act, any act or thing is directed or forbidden to be done by a club, a club committee, a Council, or a body or an association of persons, or authority is given to the Director or any person to direct or forbid any act or thing to be done, and the club, club committee, Council, body, or association offends against that direction or prohibition, the secretary of the club, and each member of the club committee, or in the case of a Council or a body or an association of persons, the secretary thereof and each member of the club committee thereof, shall severally be guilty of an offence against this Act, unless he proves that he was not responsible for the offence against that direction or prohibition and that he had no opportunity or no power to prevent the offence against it.
[Section 118 Substituted by No. 40 of 1983, s. 42 ][Section 118 Amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who is guilty of a contravention of, or failure to comply with, a provision of this Act for which no penalty is prescribed elsewhere in this Act is guilty of an offence against this Act and is liable on summary conviction to a fine not exceeding 20 penalty units.
[Section 119 Amended by No. 22 of 1980, s. 17 ](1) The Governor may make regulations for the purposes of this Act.(2) [Section 119 Subsection (2) amended by No. 98 of 1957, s. 9 ][Section 119 Subsection (2) amended by No. 1 of 1974, s. 33 ][Section 119 Subsection (2) amended by No. 104 of 1977, s. 13 ][Section 119 Subsection (2) amended by No. 40 of 1983, s. 43 ][Section 119 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 119 Subsection (2) amended by No. 32 of 1989, s. 7 ][Section 119 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 119 Subsection (2) amended by No. 53 of 1993, s. 11 ][Section 119 Subsection (2) amended by No. 32 of 1994, s. 15 ][Section 119 Subsection (2) amended by No. 70 of 1994, s. 11 ][Section 119 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]In particular, and without prejudice to the generality of subsection (1) , the regulations may –(a) [Section 119 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] provide for and regulate the registration as bookmakers of persons approved by the Director, the registration of bookmakers' clerks, and the conditions on which they may obtain registration, respectively, and the grant and issue of certificates of registration;(b) control and regulate –(i) the conduct of bookmakers and bookmakers' clerks; and(ii) betting by and with bookmakers;(ba) prescribe or regulate any matters that it is necessary or expedient to prescribe or regulate in respect of telephone sports betting licences;(bb) prescribe or regulate any matters that it is necessary or expedient to prescribe or regulate in respect of telephone betting endorsements;(c) [Section 119 Subsection (2) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 119 Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] prescribe the cases in which, and the reasons for which, TOTE Tasmania may refuse to grant totalizator licences;(ca) prescribe the classes of totalizator which may be conducted in addition to those set out in section 57G (1) (a) and (b) ;(cb) prescribe the conditions on and subject to which a totalizator of any class may be used and the conditions and contingencies with reference to which dividends payable from such a totalizator shall be determined, and generally regulate the use of totalizators;(cc) provide that bets by means of a totalizator may be declared off by any person or persons prescribed in the regulations;(cd) prescribe the form of tickets, returns, and any other documents to be used in the conduct of totalizator betting;(ce) provide for the prevention of fraud in relation to totalizator betting and matters incidental thereto;(cf) provide for the control of the admission of persons to totalizators and the exclusion from one or more totalizators of any specified person or class of persons either absolutely or subject to such conditions as may be specified;(cg) provide for the conduct of persons in totalizators;(ch) [Section 119 Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 119 Subsection (2) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] prescribe the payment to be made, or the manner of determining the payment to be made, by a club committee to TOTE Tasmania in any case where TOTE Tasmania conducts a totalizator for and on behalf of the club committee; and(ci) [Section 119 Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 119 Subsection (2) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] provide for the submission by TOTE Tasmania to the Minister and to the Treasurer of periodical returns of money received by TOTE Tasmania and the disbursement of those moneys;(d) require bookmakers to give security for the proper observance of this Act, and prescribe the cases in which, and the manner in which, a security so given may be enforced;(da) prescribe the fees that are payable for the grant or renewal of an authorisation to conduct a raffle, game or calcutta sweepstake in accordance with Division II of Part VI , being fees which may relate to –in respect of the raffle, game or calcutta sweepstake;(i) the profit, either gross or net; or(ii) the turnover; or(iii) the value of prizes –(db) [Section 119 Subsection (2) amended by No. 103 of 1999, s. 10, Applied:22 Dec 1999] prescribe the fees that are payable under section 88AB for a permit authorising the conduct of a controlled activity, as defined by that section, being fees which may relate to–in respect of the activity.(i) the profit, either gross or net; or(ii) the turnover; or(iii) the value of prizes–(e) [Section 119 Subsection (2) amended by No. 103 of 1999, s. 10, Applied:22 Dec 1999] . . . . . . . .(3) [Section 119 Subsection (3) added by No. 71 of 1955, s. 17 ][Section 119 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 119 Subsection (3) amended by No. 86 of 1987, s. 11 ]The power to make regulations for the control and regulation of betting by and with bookmakers extends to providing for the submission of all disputes in respect of bets so made between the parties thereto to a specified body or person for decision and that such decisions be final and binding on the parties to the exclusion of the jurisdiction of any court of law or equity.(3A) [Section 119 Subsection (3A) inserted by No. 40 of 1983, s. 43 ]The power to make regulations for the control and regulation of betting by and with bookmakers extends to providing that bets made with a bookmaker may be declared off by any person or persons prescribed in the regulations.(3B) [Section 119 Subsection (3B) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 119 Subsection (3B) inserted by No. 40 of 1983, s. 43 ][Section 119 Subsection (3B) amended by No. 83 of 1983, s. 3 and Sched. 1 ][Section 119 Subsection (3B) amended by No. 22 of 1990, s. 17 ][Section 119 Subsection (3B) amended by No. 53 of 1993, s. 12 and Sched. 1 ]Where regulations for the control and regulation of betting by and with bookmakers contain a provision that a bookmaker shall not fail to pay a bet as and when directed by the Director or as otherwise provided by or under those regulations, those regulations may provide in respect of such a contravention for the imposition of a fine not exceeding 20 penalty units.(4) [Section 119 Subsection (4) substituted by No. 71 of 1995, s. 3 and Sched. 1 ]Where, by virtue of regulations made under this section, a dispute in respect of a bet is submitted to a body or person for decision, section 8 and Part 3 of the Commissions of Inquiry Act 1995 apply to any hearing conducted by that body or person in relation to the dispute as if –(a) the body or person were a Commission established under section 4 of that Act ; and(b) the hearing were a hearing for the purpose of the inquiry being conducted by that Commission under that Act.(5) [Section 119 Subsection (5) inserted by No. 40 of 1983, s. 43 ]Regulations under subsection (1) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.(6) [Section 119 Subsection (6) inserted by No. 40 of 1983, s. 43 ][Section 119 Subsection (6) amended by No. 53 of 1993, s. 12 and Sched. 1 ]Regulations under subsection (1) , other than a regulation containing such a provision as is mentioned in subsection (3B) , may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 20 penalty units.(7) [Section 119 Subsection (7) inserted by No. 40 of 1983, s. 43 ]A regulation under subsection (1) may authorise any matter or thing to be from time to time determined, applied, or regulated by any person or body specified in the regulation.
PART VIII - Savings and Transitional Provisions
(1) The Governor may, on the recommendation of the Minister, from time to time proclaim a part of the State, however delineated or described, to be a totalizator district for the purposes of this Act.(2) Section 63 does not apply to a bookmaker paying out a winning bet in respect of a race which was run prior to the time when the district, in which the place where the bet was so paid is situated, was proclaimed a totalizator district.
(1) The following provisions have effect in relation to special areas:(a) section 31 applies to a totalizator as it applies to betting premises;(b) no certificate of registration or provisional certificate of registration is to be granted under Part V that would have the effect of increasing the number of persons who are entitled to carry on the business of a bookmaker on the racecourses, or in betting premises, within the area to a number greater than the number who were so entitled on the first day of January 1974;(c) no bookmaker, at any betting premises or racecourse to which this section applies –(i) is to take a bet in respect of a horse race or coursing race event held or to be held in this State; or(ii) is take a bet that is not an authorised bet.Penalty: Fine not exceeding $100.(2) For the purpose of subsection (1) (c) , an authorised bet is –not being a bet at a price determined, or to be determined, directly or indirectly, by the dividend paid or to be paid on a totalizator.(a) a win or each way bet at a fixed price or starting price; or(b) a bet known as an all-up bet; or(c) a bet known as a contingency bet –(3) In this section, special area means any of those areas that, at the commencement of the Racing and Gaming Act 1974 , comprised the municipalities of –(a) Waratah; or(b) Zeehan; or(c) Queenstown; or(d) Strahan; or(e) King Island; or(f) Flinders.
122. Consent to carry on business as bookmaker
Where, immediately before the day fixed by proclamation under section 2 (2) of the Racing and Gaming Amendment Act (No. 2) 1987 , a bookmaker holds a consent under section 64 (1) authorising him to bet or carry on business on a racecourse, that consent authorises him, subject to this Act and to any conditions attached to the consent, to carry on, on and after that day on that racecourse, business as a bookmaker as provided in section 63 (1A) (a) and (b) .
123. Soccer football pools licences
A soccer football pools licence in force under section 87A immediately before the commencement of the Racing and Gaming Amendment (Pool Betting) Act 1989 has effect as if –(a) it were a pool betting licence granted under that section; and(b) references in that licence to soccer football pools were references to betting pools.
124. Cash and liquor permit conditions
A permit issued under section 88AB and in force immediately before the commencement of the Racing and Gaming Amendment Act 1993 is to be taken to have included in it the conditions referred to in section 88AB (6) as substituted by that Act.
SCHEDULE I - Acts Repealed[Schedule I Amended by No. 18 of 1953, s. 9 ]
Year and number of Act | Short title of Act | 23 Geo. V No. 39 | Bookmakers Act 1932. | 26 Geo. V No. 25 | Totalisator Act 1935. | 26 Geo. V No. 31 | Gaming Act 1935. | 1 Edw. VIII No. 7 | Totalisator Act 1936. | 2 Geo. VI No. 64 | Totalisator Act 1938. | 4 & 5 Geo. VI No. 77 | Totalisator Act 1940. | 4 & 5 Geo. VI No. 87 | Bookmakers Act 1941. | 6 Geo. VI No. 42 | Gaming Act 1942. | 8 & 9 Geo. VI No. 23 | Gaming Act 1944. | 9 Geo. VI No. 26 | Totalisator Act 1945. | 10 Geo. VI No. 16 | Totalisator Act 1946. | 11 & 12 Geo. VI No. 79 | Bookmakers Act 1947. | No. 17 of 1951 | Bookmakers Act 1951. | No. 85 of 1951 | Bookmakers Act (No. 2) 1951. |
SCHEDULE II - Existing Clubs[Schedule II Substituted by No. 83 of 1983, s. 30 ]
Burnie Trotting Club. | Carrick Park Trotting Club. | Deloraine Turf Club. | Devonport Greyhound Racing Club. | Devonport Pacing Club. | Devonport Racing Club. | Hobart Greyhound Racing Club. | King Island Racing Club. | Launceston Greyhound Racing Club. | Launceston Pacing Club. | New Norfolk Trotting Club. | North Eastern Trotting Club. | St. Marys Trotting Club. | Sheffield Racing Club. | Tasmanian Pacing Club. | Tasmanian Racing Club. | Tasmanian Turf Club. | Ulverstone Pacing Club. |
SCHEDULE III - Form of Warrant
Form
