Racing (Bookmaker Betting) Regulations 2004

Racing (Bookmaker Betting) Regulations 2004

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council, make the following regulations under the Racing Regulation Act 2004 .

W. J. E. COX

Governor

By His Excellency's Command,

J. G. COX

Minister for Racing

PART 1 - Preliminary

1.   Short title

These regulations may be cited as the Racing (Bookmaker Betting) Regulations 2004 .

2.   Commencement

These regulations take effect on the day on which the Racing Regulation Act 2004 commences.

PART 2 - Racing bets

Division 1 - Understanding Part 2

3.   Application of Part

This Part applies to betting, by and with bookmakers, on contingencies relating to horse races and greyhound races.

4.   Interpretation of Part

(1)  In this Part, unless the contrary intention appears –

Act means the Racing Regulation Act 2004 ;

all-clear means a signal given after a race to indicate that the controlling stewards are satisfied that –

(a) the finishing order of the competitors is correct; and

(b) there are no protests;

all-in, for a bet, means that –

(a) the bet stands whether or not the competitor backed by the bettor starts in the relevant race; and

(b) no refund is payable;

betting supervisor means a person holding an appointment as betting supervisor under the Act;

[Regulation 4 Subregulation (1) amended by No. 63 of 2008, Sched. 1, Applied:01 Jan 2009]

competitor means –

(a) a horse competing in a horse race; or

(b) a greyhound competing in a greyhound race;

controlling stewards, for a race, means the stewards for the time being having control of the race meeting during which the race is held;

correct weight means a declaration given after a race indicating that the controlling stewards are satisfied that the competitors carried their allocated weight during the race;

each way bet means a bet on the contingency that a competitor backed by the bettor will be placed in a race;

face value, of a betting ticket, means the total sum of money that is payable to the bettor (including the stake) if the bettor wins the bet for which the betting ticket is issued;

fielding means engaging in bookmaking in respect of the race or race meeting, or on the racecourse, for which the expression is used;

fixed price bet means a bet at a price that is fixed when the bet is made;

made, for a bet, means the placement of the bet by a bettor and the acceptance of the bet by a bookmaker;

odds on means rated at odds of less than 1:1 to win;

placed, for a competitor in a race, means –

(a) if 8 or more competitors were entered in the race, that the competitor came first, second or third; or

(b) if 5 or more (but fewer than 8) competitors were entered in the race, that the competitor came first or second;

protest means any protest against, objection to or dispute about the result of a race, being a protest, objection or dispute that is properly entered under the Rules of Racing;

race means a horse race or greyhound race;

relevant betting ticket, for a bet, means the betting ticket issued for the bet;

relevant race, for a bet, means the race in respect of which the bet is made;

return, for a bet, means return to the bettor;

scratch means to withdraw a competitor from a race before it starts;

special race means –

(a) a Group race, as defined in the Rules of Racing; or

(b) a race that the Director, by notice published in the Gazette on or before the day the race is scheduled to be held, declares to be a special race;

stake means the money outlaid by a bettor when placing a bet, whether the bet is paid for when it is placed or afterwards;

starting price, for a race, means the final price offered on the competitors by a majority of the bookmakers fielding on the race when it starts (as determined by the betting supervisor) or, if no bookmakers are fielding on the race, the final totalizator price on those competitors;

walk-over means a race in which only one entrant starts.

(2)  For the purposes of these regulations, a competitor that is still entered in a race when it starts is taken to have run that race whether or not the competitor subsequently takes any part in the race unless, before "correct weight" is declared or the "all-clear" is given, the controlling stewards declare that the competitor was scratched or declared a non-starter.

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

Division 2 - Betting controls

Subdivision 1 - Betting odds

5.   Obligations of bookmakers regarding offer and display of odds

(1)  A bookmaker who is fielding on a racecourse on any day must –

(a) offer odds on each horse or, if applicable, each greyhound in each race being held on that racecourse on that day; and

(b) display those odds to the public in such manner, and for such period of time before the relevant race, as the Director approves or directs.

(2)  A bookmaker who is fielding on a racecourse must not publicly display the odds that he or she is offering on a competitor entered in a race on another racecourse, whether located in Tasmania or elsewhere, unless the bookmaker also offers and publicly displays odds on every competitor in that race.

(3)  A bookmaker who fails to comply with subregulation (1) or (2) is guilty of an offence.

Penalty:  Fine not exceeding 25 penalty units.

6.   Obligations of bookmakers regarding laying of odds

(1)  If –

(a) a bookmaker fielding on a racecourse offers odds against a competitor entered in a race being held on that racecourse; and

(b) a bettor tenders a bet to the bookmaker on that competitor in that race –

the bookmaker must lay those odds to a sum not exceeding $100 if demanded by the bettor, but not so as to be obliged to lose more than $700 on the bet.

(2)  If –

(a) a bookmaker fielding on a racecourse decides to accept each way bets on a race being held on that racecourse and offers odds against a competitor in that race; and

(b) a bettor tenders an each way bet to the bookmaker on that competitor in that race –

the bookmaker must lay those odds to a sum not exceeding $100 each way if demanded by the bettor, but not so as to be obliged to lose more than $875 on the bet.

(3)  Despite subregulations (1) and (2) , if –

(a) a bookmaker fielding on King Island offers odds against a competitor in a race being held anywhere on that island; and

(b) a bettor tenders a bet to the bookmaker on that competitor in that race –

the bookmaker must lay those odds to a sum not exceeding $20 if demanded by the bettor, but not so as to be obliged to lose more than $200 on the bet.

(4)  A bookmaker must, if a bettor so demands, lay odds to –

(a) the sum of 50 cents; or

(b) in the case of a win and place bet, the sum of 50 cents each way.

(5)  If a bettor wishes to place a bet with a bookmaker for an amount greater than that which the bookmaker is required to accept pursuant to these regulations, the bookmaker must –

(a) tell the bettor the maximum amount that the bookmaker is required to accept; and

(b) offer to accommodate the bettor to at least that maximum amount.

(6)  A bookmaker who fails to comply with subregulation (1) , (2) , (3) , (4) or (5) is guilty of an offence.

Penalty:  Fine not exceeding 25 penalty units.

7.   Obligations of bookmakers regarding starting price odds

(1)  Subject to subregulation (2) , a bookmaker who offers odds against a competitor must not refuse to accept a bet at starting price for a sum not exceeding $5.00 in respect of that competitor if a bettor demands to place such a bet with the bookmaker.

Penalty:  Fine not exceeding 25 penalty units.

(2)  A bookmaker is not obliged to accept more than one bet at starting price in any one race from any one bettor.

8.   Director's power to obtain particulars of odds

(1)  This regulation applies if the Director reasonably suspects that a person other than a newspaper proprietor has, from any source, received or obtained odds in respect of any competitors in a race held outside Tasmania.

(2)  The Director may, in writing, direct the person to give the Director written particulars of the odds within such period of time, of not less than 3 days, as the Director specifies in the direction.

(3)  A person must comply with a direction under subregulation (2) .

Penalty:  Fine not exceeding 10 penalty units.

Subdivision 2 - Racing bet determinations

9.   General rule for determining bets

(1)  Bets are determined, on "correct weight" being declared or the "all-clear" being given, to the backers of the competitors placed by the judge.

(2)  However, if there is a protest in a horse race before "correct weight" is declared or the "all-clear" is given, bets are determined according to the decision of the controlling stewards on the protest.

10.   Determining when bets are void

A bet is void if –

(a) when the bet is made it is impossible for the bettor to win; or

(b) it is made after the relevant race has been run or, in the case of a multiple bet, the first relevant race has been run; or

(c) the relevant race is a walk-over or, in the case of a multiple bet, the first relevant race is a walk-over; or

(d) it is declared void by the controlling stewards (whether as a result of an inquiry or otherwise); or

(e) it is void under another provision of these regulations.

11.   Determining when bets are off

(1)  A fixed price bet on a race, other than a special race, is off if the competitor does not start in that race.

(2)  The following provisions apply to fixed price bets on special races:

(a) a bet is "all-in" if it is made before the day on which the special race takes place;

(b) a bet made on the day on which the special race takes place is off if the competitor in respect of which the bet is placed does not start in the special race.

(3)  If the controlling stewards allow or order the withdrawal of a competitor from a race after the time for scratching has elapsed, a bookmaker must –

(a) if instructed to do so by the controlling stewards, draw a line on the bookmaker's betting records for the race immediately below all bets then recorded in respect of the race; and

(b) settle all bets made on the race in accordance with the decision of the controlling stewards; and

(c) in the case of bets made on a race held outside Tasmania –

(i) settle all bets on the race in accordance with the decision of the controlling stewards; and

(ii) if the controlling stewards order any bets to be paid at totalizator odds, pay those bets in accordance with the dividend declared on the totalizator on the racecourse or, if applicable, other place where the race is held.

(4)  Subregulation (3) does not apply to an all-in bet.

(5)  Nothing in this regulation prevents a bookmaker from laying odds against a competitor in a race after the bookmaker has complied with subregulation (3) in respect of that race.

(6)  If the controlling stewards have allowed or ordered the withdrawal of a competitor from a race after the time for scratching has elapsed –

(a) the official starting price for a competitor in the race is to be the price as declared pursuant to regulation 23 ; and

(b) that price is not subject to any order as to betting made by the controlling stewards in respect of the race, unless that price was declared before the withdrawal of the competitor.

(7)  Except as provided by this regulation, a bet is not capable of being declared off otherwise than by agreement between the parties to the bet.

Subdivision 3 - Settlement of racing bets

12.   Settlement of bets: winning bets

(1)  A bookmaker's liability to pay a winning bet arises as soon as "correct weight" is declared or the "all-clear" is given for –

(a) the relevant race; or

(b) in the case of a bet in respect of more than one race, the last relevant race.

(2)  A bookmaker must pay the full amount of a winning bet to a bettor except where the amount payable includes a fraction of 10 cents in which case the payment must be made to the nearest 5 cents.

13.   Settlement of bets: dead heats

Except as otherwise provided in these regulations, a bettor must be paid one-half of the face value of the bettor's betting ticket if, in the relevant race, there is a dead heat for –

(a) first place; or

(b) second place (where there are 5, 6 or 7 starters and the bet is a place bet); or

(c) third place (where there are 8 or more starters and the bet is a place bet).

14.   Settlement of bets: rerun races

(1)  If the controlling stewards for a race in Tasmania order that it be rerun, the bets that were originally made in respect of that race must be settled as those controlling stewards decide.

(2)  For the purposes of subregulation (1) , the controlling stewards may –

(a) if satisfied that sufficient time remains to re-open betting on the race, declare all of the original bets off and order that betting in respect of the race be reopened; or

(b) declare off all bets on a competitor that does not start in the race when it is rerun and order that all other bets be paid subject to any deduction specified by the controlling stewards.

(3)  If an order under subregulation (2)(b) is made, a bookmaker must –

(a) draw a line on the bookmaker's betting records for the race immediately below all bets then recorded in respect of the race; and

(b) settle all bets on that race in accordance with the decision of the controlling stewards.

(4)  If the controlling stewards for a race outside Tasmania order that it be rerun, the bets accepted by Tasmanian bookmakers in respect of that race must be settled as those controlling stewards decide.

15.   Settlement of bets: postponed races

If a race meeting or a race at a race meeting is postponed from one day to another day –

(a) all bets on the postponed races are off unless the bet is a fixed price bet on a special race; and

(b) where, in the case of all-up bets and multiple bets, one of the competitors backed by the bettor is entered in one of the postponed races, that competitor is taken to have been scratched.

Subdivision 4 - Conditions applicable to particular racing bets

16.   All-up bets

(1)  In this regulation –

all-up bet means a bet that –

(a) is in respect of a series of 2 or more races being held during the same race meeting; and

(b) provides for the bettor's winnings, if any, from one race in the series to be automatically reinvested on the next race in the series, and so on, until the series is exhausted.

(2)  The following conditions apply to an all-up bet:

(a) if, in the case of a fixed price bet, any competitor backed by the bettor is scratched for the race named, the bet is on the remaining competitors backed by the bettor at the odds stated in respect of those competitors;

(b) if, in the case of a bet at starting price, any competitor backed by the bettor is scratched, the bet is on the remaining competitors backed by the bettor.

17.   Concession bets

(1)  In this regulation –

concession bet means a bet on the contingency that a competitor backed by the bettor will win a race, with the stake being refunded to the bettor if that competitor is placed second in that race.

(2)  The following conditions apply to a concession bet:

(a) the bet is off if there are fewer than 3 starters in the relevant race when the bet is made;

(b) if the controlling stewards declare that a win and place bet in respect of the relevant race is to be paid at totalizator odds, a winning concession bet must –

(i) have its stake divided, half for win and half for place; and

(ii) be paid at totalizator odds;

(c) if there is a dead heat for first place, a winning bettor must be paid an amount equal to the bettor's stake plus a sum equal to the bookmaker's stake divided by the number of competitors that ran the dead heat for first place;

(d) if 8 or more competitors are entered in the relevant race when the bet is made –

(i) the backers of the second placed competitor must have their stake refunded; and

(ii) if there is a dead heat for second place, the backers of the dead-heaters must be paid an amount equal to their stake divided by half the number of competitors that ran the dead heat for second place;

(e) if fewer than 8 competitors are entered in the relevant race when the bet is made –

(i) the backers of the second placed competitor must have their stake refunded; and

(ii) if there is a dead heat for second place, the backers of the dead-heaters must be paid an amount equal to their stake divided by the number of competitors that ran the dead heat for second place.

18.   Doubles bets

(1)  In this regulation –

doubles bet means a bet that requires the bettor to back the winner of 2 races.

(2)  The following conditions apply to a doubles bet:

(a) the bet is determined when the first of the relevant races is lost;

(b) if either of the relevant races is decided in the bettor's favour and the other relevant race results in a dead heat for first place, the money bet by the bettor must be put together and divided equally between the bettor and the bookmaker;

(c) if both of the competitors backed by the bettor run a dead heat for first place, the money bet by the bettor must be put together and divided in the proportion of one-fourth to the bettor and three-fourths to the bookmaker;

(d) if the first competitor named in the bet wins and –

(i) the other competitor named in the bet is scratched or withdrawn after the start of the race in which the first competitor is entered; or

(ii) the second of the relevant races is abandoned, or declared a "no-race", under the Rules of Racing –

the backer of the first competitor must be paid at starting price odds;

(e) the bet is void if it is made on the day on which both of the relevant races are held and –

(i) the competitor that the bettor has backed to win the first of those races is withdrawn or does not come under starter's orders; or

(ii) the competitor that the bettor has backed to win the second of those races is scratched before the first of those races starts.

19.   Multiple bets

(1)  In this regulation –

multiple bet means a bet that requires the bettor to back the winner of more than 2 races.

(2)  The following conditions apply to a multiple bet:

(a) the bet is determined when the first relevant race is lost;

(b) if the bet is in respect of competitors entered in more than one race being held on the same day, the bookmaker must write or otherwise clearly indicate on the reverse side of the relevant betting ticket the names of the particular races selected by the bettor;

(c) if one or more of the competitors backed by the bettor is scratched or withdrawn before the first relevant race starts, the bet is void;

(d) if a competitor backed by the bettor is scratched after the running of the first relevant race, the bet is on the remaining competitor or competitors backed by the bettor at starting price;

(e) if none of the competitors backed by the bettor starts in the relevant races, the bet is void.

20.   Odds and evens bets

(1)  In this regulation –

odds and evens bet means a bet on the contingency that an odd-numbered competitor or an even-numbered competitor backed by the bettor will win a race.

(2)  The following conditions apply to an odds and evens bet:

(a) the number of a competitor in the relevant race is the number of the competitor set out for the race in the program produced by the body conducting the race;

(b) if the bettor correctly backs odd numbers or even numbers as the group of numbers to which the number of the winner of the relevant race belongs, the bookmaker must pay the bettor the face value of the betting ticket;

(c) if there is a dead heat for first place between an even-numbered competitor and an odd-numbered competitor in the relevant race, the bet is void.

21.   Place bets

(1)  In this regulation –

place bet means –

(a) a bet on the contingency that a competitor backed by the bettor will be placed in a particular race; or

(b) a bet on the contingency that competitors backed by the bettor will be placed in particular races.

(2)  The following conditions apply to a place bet:

(a) the bet is off if it is made at starting price and –

(i) fewer than 8 competitors start in the relevant race; or

(ii) the favourite for the relevant race starts at odds on;

(b) the bet is on –

(i) first, second and third if 8 or more competitors are entered in the relevant race when the bet is made; or

(ii) first and second if 5 or more (but fewer than 8) competitors are entered in the relevant race when the bet is made;

(c) the bookmaker may lay the odds for a win and place in the relevant race if the bookmaker bets win and place in respect of every competitor in that race;

(d) if a bookmaker lays the odds for a win and place pursuant to paragraph (c) , the odds for a place are to be –

(i) one-quarter of the odds for a straight out win if 8 or more competitors are entered in the relevant race when the bet is made; or

(ii) one-third of the odds for a straight out win if 5 or more (but fewer than 8) competitors are entered in the relevant race when the bet is made.

22.   3 or 4 placed competitors bets

(1)  In this regulation –

3 or 4 placed competitors bet means a bet that requires the bettor to back, from each race in a group of 3 or 4 races displayed on the bookmaker's board, a competitor to run a place, where each competitor's odds have been displayed on the bookmaker's board and been added together to achieve bet-value ("bet-value" being the overall odds payable on a winning bet).

(2)  The following conditions apply to a 3 or 4 placed competitors bet:

(a) the bet is determined when the first relevant race is lost;

(b) if any one or more of the backed competitors is scratched before the first relevant race is run, the bet is void;

(c) winning bets are not subject to any betting deductions for late scratchings;

(d) provided that all scratchings occur after the first relevant race starts –

(i) if a scratching prevents a win, the remaining placed competitors must be paid at the product of the relative totalizator place odds; and

(ii) if there are 3 scratchings, the remaining placed competitor must be paid at the relative totalizator place odds.

23.   Starting price bets

A starting price bet is to be settled on the basis of the prices as determined by the betting supervisor after "correct weight" is declared or the "all-clear" is given for the relevant race.

24.   Bets on competitors entered in 2 or more races or meetings on same day

(1)  If a bettor backs, at starting price, a competitor that is entered in more than one race on the same day, the following conditions apply to the bet:

(a) the bookmaker must ensure that the relevant betting ticket is clearly endorsed with the race selected by the bettor;

(b) unless otherwise indicated in the relevant betting ticket, the bet refers to the first race in which the competitor starts but the bet is off if that race is a walk-over.

(2)  If the bettor backs a competitor that is entered in more than one race on the same day, then, unless otherwise indicated in the relevant betting ticket, the bet refers to the first race in which the competitor starts on that day.

PART 3 - Sports bets

Division 1 - Understanding Part 3

25.   Application of Part

This Part applies to betting, by and with bookmakers, on contingencies relating to approved sports events.

26.   Interpretation of Part

(1)  In this Part –

competitor means a competitor in an event, whether that competitor is an individual, or a pair, squad or other recognised grouping or a team;

controlling official, for an event, means the person or body that is empowered, under the rules governing the event, to do either or both of the following:

(a) determine or declare the official result of the event;

(b) adjudicate protests;

event means –

(a) an approved sports event; or

(b) a segment of an approved sports event;

points start means the handicap given on a bet that aims to predict the result of an event, taking into account that handicap;

relevant event, for a sports bet, means the event in respect of which the bet is made;

segment means something that is generally recognised as forming a discrete part or phase of an event and is capable of being the subject of sports betting in its own right, whether, under the terminology traditionally used for the event, it is referred to as a heat, hole, innings, leg, match, race, round, rubber, set, stage or as something else;

sports bet means a bet on a contingency relating to an event;

Sports Betting Rules means Sports Betting Rules made and in force under the Act;

sports bookmaking means bookmaking in respect of events;

tie, for a win or place in an event, means (according to the terminology traditionally used for events of that kind) a tie, draw, dead heat or even, equal or level placing for the win or that place;

tie-breaker, for an event, means (according to the terminology traditionally used for events of that kind) the extra-time, play-off, replay, shoot-out or other process that is used to determine a result if at the end of normal time there is a tie.

(2)  Expressions that are defined in Part 2 and used in this Part have, unless the contrary intention appears, the same meaning in this Part as they have in Part 2 .

(3)  The examples given at the foot of some regulations in this Part have only been included to help explain the text; they do not form part of the regulations.

Division 2 - Sports Betting Rules

27.   Bookmakers to make rules available

A bookmaker who is engaging in sports bookmaking must –

(a) have a copy of the Sports Betting Rules always at hand; and

(b) allow any person who has placed, is placing or may be considering placing a sports bet with the bookmaker to consult those rules freely on request.

Penalty:  Fine not exceeding 10 penalty units.

Division 3 - Betting controls

Subdivision 1 - Betting odds

28.   Obligations of bookmakers regarding display of odds, &c.

A bookmaker who is engaging in sports bookmaking must, on or about his or her betting stand, display –

(a) the name of the events in respect of which he or she is fielding; and

(b) the kinds of sports bets that may be placed with the bookmaker on the events; and

(c) the odds being offered by the bookmaker on the events; and

(d) if relevant to any of the events, the points start.

29.   Obligation of bookmakers regarding laying of odds

A bookmaker must, if asked to do so by a bettor, lay odds to the sum of $1.00.

Subdivision 2 - Sports bet determinations

30.   Determining when bets are void

A sports bet is void if –

(a) when the bet is made it is impossible for the bettor to win; or

(b) it is accepted after the relevant event, inclusive of any tie-breaker, has been held; or

(c) it is accepted after the official start of the relevant event; or

(d) it is void under another provision of these regulations; or

(e) it is void under the Sports Betting Rules.

31.   Determining when bets are off

A sports bet is not capable of being declared off otherwise than by agreement between the parties to the bet.

32.   Determination of results: dependence on official or podium positions

Unless the bookmaker and the bettor concerned agree otherwise when it is made –

(a) a sports bet is determined according to the official or podium positions in the relevant event as adjudged by the controlling official; and

(b) a subsequent disqualification, promotion or other change is to be disregarded in determining the result of the sports bet.

33.   Determination of results: dependence on tie-breakers

Except as otherwise provided in this Part, the result of an event is to be determined on the basis of any tie-breaker.

34.   Points start (handicap betting)

If a sports bet involves a points start, then, unless the bookmaker and the bettor agree otherwise when the sports bet is made –

(a) such a points start is set to half a point; and

(b) unless the official rules of the relevant event provide otherwise, the result of the relevant event is to be determined on the basis of any tie-breaker.

35.   Odds offered for tie, draw or dead heat

If an event results in a tie and odds on that result were offered by a bookmaker –

(a) the result of the event for the purposes of a sports bet made with that bookmaker is to be determined exclusive of any tie-breaker; and

(b) such a sports bet is taken to have been lost if it was for any result other than a tie.

36.   Odds not offered for tie, draw or dead heat: generally

If an event results in tied winners or tied place-getters and odds on that result were not offered by a bookmaker, the revised dividend for a winning sports bet placed with that bookmaker on that event is to be calculated in accordance with the following formula:

where –

F is the face value of the betting ticket (the original dividend);

C is the number of the competitors involved in the tie;

P is the number of official placings to be filled by the competitors figuring in the tie.

37.   Odds not offered for tie: handicap betting event

If, taking into account the points start, a handicap betting event results in a tie –

(a) all single sports bets on the event are off and are to be refunded; and

(b) all multiple sports bets encompassing the event stand but are to be recalculated exclusive of that event.

Subdivision 3 - Cancellations, postponements and relocations

38.   Effect of cancellation, abandonment or failure to declare result

A sports bet is off, and the stake is to be refunded, if –

(a) the relevant event is cancelled before it starts; or

(b) the relevant event is abandoned after it starts; or

(c) a result is not officially declared in the relevant event.

39.   Effect of delay in rescheduling postponed events

(1)  This regulation applies if –

(a) the event in respect of which a sports bet has been made is postponed; and

(b) the event is not held within the 8-day period immediately following the day on which, but for the postponement, it was to have been held.

(2)  When the 8-day period expires –

(a) the event is taken to have been cancelled; and

(b) a single sports bets on the event is off and the stake is to be refunded; and

(c) a multiple sports bet encompassing that event is to be recalculated exclusive of that event.

40.   Effect of a change in venue

(1)  This regulation applies if –

(a) a sports bet is made in respect of an event involving named competitors; and

(b) the venue for the event is changed for any reason before it starts.

(2)  When the change of venue is officially announced, then, unless the bookmaker and bettor concerned agreed otherwise when the sports bet was made –

(a) the sports bet is off; and

(b) the stake is to be refunded.

Subdivision 4 - General

41.   Right of bookmaker to cease sports betting

(1)  A bookmaker who is engaging in sports bookmaking may cease that activity at any time without notice to any person.

(2)  The cessation of the activity does not affect any sports bets accepted before the time of cessation.

42.   Sports bets are generally presumed to be all-in bets

A sports bet is taken to have been made on an all-in basis unless –

(a) the bookmaker and bettor concerned agreed otherwise when the sports bet was made; or

(b) the Sports Betting Rules provide otherwise.

43.   All-up and multiple sports bets may be made across different events

An all-up or multiple sports bet involving 2 or more contingencies may be made across different events.

44.   Multiple sports bets

(1)  Unless the bookmaker and the bettor concerned agree otherwise when it is made, the following conditions apply to a sports bet involving more than one contingency:

(a) if the bettor's selection for any one of the contingencies loses or is taken to have lost, the whole sports bet is lost;

(b) if one or more of the relevant events results in a tie –

(i) the revised return for each contingency is to be calculated by applying the method set out in regulation 36 ; and

(ii) the revised dividend payable is to be the amount obtained as the product of the cumulative odds applicable and the original stake;

(c) if –

(i) the sports bet is in respect of 2 or more events and any of the events is decided in the bettor's favour; but

(ii) any remaining event is postponed or abandoned and is not held within the 8-day period immediately following the day on which, but for the postponement, it was to have been held –

the revised dividend is to be the amount obtained as the product of the cumulative odds applicable (when the sports bet was made) to the events decided in the bettor's favour plus the original stake.

(2)  Unless special odds were quoted by the bookmaker when it was placed, a multiple sports bet in respect of related contingencies in the same event is void.

Examples:

1. A bet that a soccer team will, firstly, win a particular match 3-0 and, secondly, score all of those goals in the second half of the match.

2. A bet that a yacht in the Sydney-Hobart yacht race will, firstly, be first out of Sydney harbour and, secondly, win line honours.

3. A bet that a bowler in a cricket match will, firstly, take a hat trick and, secondly, pass a test wicket-taking record.

45.   Sports bets on scratched competitors, &c., where events are postponed and not held within 8 days

If –

(a) a sports bet is made in respect of a competitor that is later scratched or withdrawn from, or disqualified from entering, the relevant event; and

(b) following the time of scratching, withdrawal or disqualification, the relevant event is postponed; and

(c) the relevant event is not held within the 8-day period immediately following the day on which, but for the postponement, it was to have been held –

the sports bet stands and no refund is payable.

Subdivision 5 - Settlement of sports bets

46.   Settlement of winning sports bets: winning bets

(1)  A bookmaker's liability to pay a winning sports bet arises as soon as the result of the event is declared by the controlling official.

(2)  A bookmaker must pay the full amount of a winning sports bet to a bettor except where the amount payable includes a fraction of 10 cents, in which case the payment must be made to the nearest 5 cents.

47.   Sports bets not affected by postponements, &c., if relevant contingencies concluded

The abandonment or postponement of an event does not affect or nullify sports bets made in respect of contingencies in that event that have been concluded before the abandonment or postponement is officially announced.

Examples:

1. A bet that a particular player will win the first set of a tennis match where the match is abandoned after the first set because of rain.

2. A bet that a batter will make a century in a cricket match where the match is abandoned after the batter's innings because of poor light.

3. A bet that a particular yacht will be first to round a mark in a yacht race that is postponed, because of light winds, after the mark has been rounded legitimately by any yacht in the race.

PART 4 - Miscellaneous

Division 1 - Betting provisions of general application

48.   Settlement of bets if bookmaker or bettor dies

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

49.   Settlement of betting debts if bookmaker suspended, &c.

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

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

Division 2 - Compliance and supervision

50.   Bookmakers and their agents must comply with betting controls

(1)  A bookmaker who accepts a bet in person must –

(a) settle the bet in accordance with these regulations and the Sports Betting Rules; and

(b) comply with the conditions that, under these regulations and the Sports Betting Rules, apply to the bet.

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

(2)  A bookmaker's agent who accepts a bet on behalf of his or her principal must –

(a) settle the bet in accordance with these regulations and the Sports Betting Rules; and

(b) comply with the conditions that, under these regulations and the Sports Betting Rules, apply to the bet.

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

(3)  If a bookmaker's agent commits an offence under these regulations, his or her principal –

(a) is taken to have also committed the offence; and

(b) may be charged with and convicted of the offence unless the principal proves that –

(i) the bookmaker's agent committed the offence without the principal's knowledge or consent; or

(ii) the principal used all due diligence to prevent the bookmaker's agent from committing the offence.

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

51.   Bettors must comply with betting controls

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

(a) settle the bet otherwise than in accordance with these regulations or the Sports Betting Rules; or

(b) contravene the conditions that, under these regulations or the Sports Betting Rules, apply to the bet.

Penalty:  Fine not exceeding 25 penalty units.

52.   Non-compliance with regulations does not entitle bookmaker to cancel bet

A bookmaker is not entitled to –

(a) refuse to settle a bet on the grounds that he or she failed to comply with a provision of these regulations or the Sports Betting Rules in accepting the bet; or

(b) cancel a bet on the grounds that he or she failed to comply with a provision of these regulations or the Sports Betting Rules in accepting or settling the bet.

53.   Supervision of bookmaker betting

(1)  The Secretary of the Department is to issue each person who is appointed as a betting supervisor with an identity card –

(a) bearing a recent photograph of the person and the person's name; and

(b) stipulating that the person is a betting supervisor.

(2)  A betting supervisor may, on production of his or her identity card, do any one or more of the following:

(a) ask questions and require answers of bookmakers who are or appear to be engaging in bookmaking;

(b) require a bookmaker to produce, for the betting supervisor's inspection, a betting record or book of account that the bookmaker is required to keep under the Act;

(c) require a bookmaker to show the betting supervisor a betting ticket that the bookmaker is about to issue to a bettor;

(d) give bookmakers written or oral directions for the purpose of ensuring that bets are made and settled in accordance with the Act, these regulations, the Sports Betting Rules and the Rules of Racing.

(3)  A bookmaker must not obstruct or hinder, or fail to cooperate with, a betting supervisor who is exercising or seeking to exercise the betting supervisor's powers under this regulation.

Penalty:  Fine not exceeding 25 penalty units.

(4)  A bookmaker who is given a direction or required to do something under subregulation (2) must comply with that direction or satisfy that requirement.

Penalty:  Fine not exceeding 25 penalty units.

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

Notified in the Gazette on 29 December 2004

These regulations are administered in the Department of Infrastructure, Energy and Resources.