Part 1 Preliminary
1 Name of Regulation
This Regulation is the Betting and Racing Regulation 2022.
2 Commencement
This Regulation commences on 1 September 2022.Note—This Regulation replaces the Betting and Racing Regulation 2012, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
In this Regulation—applicant, for Part 3—see section 6.approval, for Part 3—see section 6.approval application, for Part 3—see section 6.approval holder, for Part 3—see section 6.close associate, for Part 3—see section 6.CPI number, for Schedule 2—see Schedule 2, section 1.fee unit, for Schedule 2—see Schedule 2, section 2(1).financial year, for Schedule 2—see Schedule 2, section 1.key employee, for Part 3—see section 6.Liquor & Gaming NSW, for Part 4—see section 14.Secretary means the Secretary of the Department of Enterprise, Investment and Trade.the Act means the Betting and Racing Act 1998.wagering turnover, for Part 3—see section 6.Note—The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Part 2 Sports controlling bodies—the Act, s 17B(3) and (4)
4 Application to be sports controlling body
(1) A person or body may apply to the Minister to be prescribed as the sports controlling body for a sporting event.(2) The application must—(a) be in the form approved by the Minister, and(b) specify the sporting event to which the application relates, and(c) be accompanied by the fee specified in Schedule 2, Part 1, Item 1.(3) The Minister may request further information from the applicant for the purposes of assessing the application.(4) The Minister must consider the following when assessing the application—(a) if the applicant is the most appropriate person or body to be the sports controlling body for the sporting event,(b) the degree of the applicant’s control over the organisation of the event,(c) how the applicant intends to ensure betting services are conducted responsibly and with integrity,(d) the applicant’s level of experience in managing sporting events,(e) the public interest.
5 Sports controlling body to inform Minister of change in circumstances
(1) A sports controlling body must give the Minister written notice of the following changes within 14 days of the change—(a) a change in the degree of the body’s control over the organisation of the sporting event,(b) a change in the membership of the body’s board of directors,(c) a change in the body’s financial circumstances, including insolvency,(d) a change in the persons or bodies with a controlling interest in the body,(e) the commencement of criminal proceedings against the body.Maximum penalty—50 penalty units.(2) For subsection (1), if the sports controlling body is not a person, each member of the sports controlling body’s governing body must ensure the Minister is given written notice of the change.
Part 3 Use of NSW race field information
6 Definitions
In this Part—applicant means an applicant for an approval.approval means a race field information use approval.approval application means an application for a race field information use approval.approval holder means a person who holds an approval.close associate—see section 7(1).key employee, for an applicant or an approval holder, means a person, whether or not appointed under a contract of service, who—(a) manages or supervises the applicant’s or approval holder’s wagering operations, or(b) is authorised to make decisions regulating the applicant’s or approval holder’s wagering operations, or(c) is concerned or engaged in the applicant’s or approval holder’s wagering operations.wagering turnover, in relation to a race or class of races, means the total amount of wagers made on the backers side of a wagering transaction in connection with the race or class of races.
7 Meaning of “close associate”
(1) For this Part, a person is a close associate of an applicant or an approval holder if the person—(a) is or will be able, in the opinion of the relevant racing control body, to exercise significant influence over the applicant’s or approval holder’s business because the person—(i) holds or will hold a relevant financial interest in the business, or(ii) is or will be entitled to exercise a relevant power in the business, or(b) holds or will hold a relevant position, whether in the person’s own right or on behalf of another person, in the applicant’s or approval holder’s business.(2) In this section—relevant financial interest, in a business, means—(a) a share in the capital of the business, or(b) an entitlement to receive income derived from the business, whether the entitlement is at law, in equity or otherwise.relevant position means—(a) the position of director, manager or secretary, or(b) another executive position, however described.relevant power means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—(a) to participate in the making of a decision that may only be made by a person in a relevant position, or(b) to elect or appoint a person to a relevant position.
8 Fees for approvals—the Act, s 33A
(1) For the Act, section 33A(2)(a), a relevant racing control body may impose a condition for an approval holder to pay the following fees—(a) a fee to cover the cost of assessing the approval application,(b) a fee for the use of NSW race field information—(i) in Australia in the course of providing a betting service, or(ii) for a commercial purpose, other than in the course of providing a betting service.(2) A fee imposed for the use of NSW race field information in the course of providing a betting service—(a) must not exceed 4% of the approval holder’s wagering turnover if the holder’s wagering turnover is from wagers laid by the holder—(i) at totalizator derived odds, and(ii) at races to which the approval relates, and(b) if the holder’s wagering turnover is not from wagers laid by the holder at totalizator odds—(i) must not exceed 3% of the holder’s wagering turnover for a race to which the approval relates at a race meeting where the total value of all prizes for at least 1 race is $1,000,000 or more, and(ii) must not exceed 2.5% of the holder’s wagering turnover for any other race to which the approval relates, and(c) must include GST.(3) In this section—GST has the same meaning as in the A New Tax System (Goods and Services) Tax Act 1999 of the Commonwealth.totalizator derived odds means odds derived from or contingent on totalizator odds, but does not include totalizator odds.totalizator odds means odds dependent on the outcome of a totalizator.
9 Permissible conditions for approvals—the Act, s 33A
For the Act, section 33A(2)(b), the following kinds of conditions are prescribed as permissible conditions—(a) conditions specifying the duration of the approval, including a condition that the approval operates until it expires or is cancelled,(b) conditions specifying the way in which NSW race field information may be used under the approval,(c) conditions requiring the approval holder to notify the relevant racing control body of certain matters, including the following—(i) a change in the persons or bodies with a controlling interest in the approval holder,(ii) a change in the approval holder’s financial circumstances, including insolvency or a significant improvement in wagering turnover,(iii) the commencement of proceedings, including disciplinary action, against the approval holder in New South Wales or elsewhere under legislation or rules in relation to betting or racing,(d) conditions requiring the approval holder to give the relevant racing control body information, including the approval holder’s financial and wagering records, to enable the body to audit and assess the holder’s compliance with the approval,(e) conditions specifying the times within which the approval holder must pay fees due under the approval,(f) conditions requiring the approval holder to give the relevant racing control body information about the approval holder’s wagering turnover in the way and within the times specified in the condition,(g) if the approval holder conducts wagering operations in Australia—conditions requiring the approval holder to hold, and continue to hold, a licence or authority, however described, under a relevant State or Territory law that authorises the approval holder to carry out wagering operations.Note—An approval may be given for a single race or class of races—see the Act, section 33A(1). A class may be defined in many ways, including by geography or time.
10 Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A
(1) In addition to this Regulation, section 9, for the Act, section 33A(2)(b), conditions to preserve the integrity and reputation of the relevant kind of racing in New South Wales are prescribed as permissible conditions, including the following conditions requiring the approval holder—(a) to give the relevant racing control body access to all the approval holder’s betting information and analyses in relation to the races covered by the approval,(b) to give information to an inquiry or investigation specified by the relevant racing control body, within the time specified by the body,(c) to permit the relevant racing control body to monitor wagering activity that relates to the races covered by the approval,(d) to cooperate with either of the following, including by providing requested details of a betting account to the inquiry—(i) an inquiry carried out by the relevant racing control body,(ii) an inquiry or investigation carried out by a racing control body in another jurisdiction,(e) not to open or maintain an account for a person who has been—(i) warned off, or prohibited from attending, a racecourse by a relevant racing control body, or(ii) disqualified from participating in racing activities by a relevant racing control body,(f) not to open an account for a person who has not provided sufficient evidence of the person’s identity,(g) to use a secure system to record the holder’s wagering operations to ensure a proper audit trail is kept,(h) to participate in an online wagering monitoring system specified by the relevant racing control body,(i) to accept a bet, up to a maximum amount specified in the condition, at odds that are publicly displayed by the approval holder, including by requiring the approval holder to—(i) do anything to comply with the condition, or(ii) not do anything to avoid compliance with the condition, for example closing or placing restrictions on a person’s betting account.(2) In this section—publicly display, in relation to odds, means to display odds to the public generally including—(a) on a semaphore board, or(b) at an electronic betting terminal, or(c) on a website, without requiring a person to identify themselves, for example, by requiring a person to log in or to provide personal information.
11 Grounds for cancelling or varying approvals—the Act, s 33A
(1) For the Act, section 33A(4), the following grounds for cancelling or varying an approval are prescribed—(a) the breach of a condition of the approval,(b) a change in the persons who have a controlling interest in the approval holder,(c) the conviction of the approval holder or a key employee of an offence, in New South Wales or elsewhere,(d) the taking of disciplinary action against the approval holder or a key employee under legislation in relation to betting or racing, in New South Wales or elsewhere,(e) the employment of a person as a key employee if the person has—(i) a criminal record, or(ii) been subject to disciplinary action under legislation in relation to betting or racing, in New South Wales or elsewhere.(2) The following grounds for varying an approval are prescribed—(a) the relevant racing control body considers it necessary to do either of the following to preserve the integrity and reputation of the type of racing that is the subject of the approval in New South Wales—(i) impose a condition specified in section 10(1)(i),(ii) if the approval holder is already subject to the condition—vary the maximum amount specified in the condition,(b) a change in the approval holder’s financial circumstances, including insolvency or a significant improvement in wagering turnover,(c) an amendment to section 8(2) that changes the way in which a fee imposed for the use of NSW race field information in the course of providing a betting service is calculated.
12 Applications for approvals—the Act, s 33B
(1) For the Act, section 33B(2)(a), an approval application must be made—(a) in writing, and(b) in the form published by the relevant racing control body, and(c) at least 30 days before—(i) the race to which the approval relates, or(ii) if the approval relates to a class of races—the first race in the class of races to which the approval relates.(2) For the Act, section 33B(2)(b), the application must be accompanied by the following information—(a) the name and contact details of the applicant,(b) how the applicant intends to use NSW race field information, including the following—(i) the race or class of races to which the application relates,(ii) the types of wagering to which the NSW race field information relates,(iii) if the information is intended to be published—when and how the applicant intends to publish the information,(c) the applicant’s licence number, whether issued in New South Wales or elsewhere,(d) the types of wagering provided by the applicant,(e) the applicant’s history of providing betting services and using NSW race field information, including information about the applicant’s wagering turnover in relation to racing in New South Wales,(f) the criminal history, if any, of the applicant and the applicant’s key employees and close associates, if known to the applicant,(g) disciplinary action, if any, taken against the applicant and the applicant’s key employees and close associates under legislation in relation to betting or racing, whether in New South Wales or elsewhere, if known to the applicant,(h) copies of policies and procedures required by the relevant racing control body for dealing with racing integrity issues in New South Wales.
13 Criteria for determining applications—the Act, s 33B
(1) For the Act, section 33B(3)(b) and (4)(a), the relevant racing control body must take into account the following criteria when determining an approval application—(a) whether the applicant is a fit and proper person to hold the approval,(b) whether granting the approval would undermine the integrity of the race for which the approval is sought,(c) whether the applicant holds a licence, however described, under the legislation of another State or Territory to carry out wagering operations.(2) For the Act, section 33B(3)(b) and (4)(b), the relevant racing control body must not take into account the following criteria in determining an approval application—(a) if the applicant is an individual—the location of the individual’s residential premises or office premises,(b) if the applicant is a corporation—the location of the corporation’s head office,(c) whether the applicant is licensed under New South Wales legislation, rather than the legislation of another State or Territory.
Part 4 Responsible gambling practices
14 Definition
In this Part—Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade comprising the group of staff who are principally involved in administering the Act.
15 Advisory statements—the Act, s 33H
For the Act, section 33H(3), the advisory statements are prescribed in Schedule 3.s 15: Subst 2022 (780), Sch 1[1].
16 Problem gambling information brochures—the Act, s 37
(1) For the Act, section 37(3), a non-proprietary association that conducts a race meeting at a licensed racecourse must—(a) ensure copies of a problem gambling information brochure are available in each part of the racecourse in which betting service providers conduct a betting service, and(b) position the copies in a way that is reasonable to expect that a person in that part of the premises would be alerted to the copies, and(c) in response to a request for a copy of a foreign language problem gambling information brochure—give a copy of the brochure to the person, in the language requested, as soon as possible after receiving the request.Maximum penalty—50 penalty units.(2) In this section—foreign language problem gambling information brochure means a brochure containing the telephone number for GambleAware in a language other than English—(a) approved by the Secretary, and(b) published on the Liquor & Gaming NSW website.GambleAware means the counselling and support service funded by the Responsible Gambling Fund.problem gambling information brochure means a brochure containing the telephone number for GambleAware—(a) approved by the Secretary, and(b) published on the Liquor & Gaming NSW website.Responsible Gambling Fund means the Fund established under the Casino Control Act 1992, section 115.
17 Counselling and gambling help notices to be displayed—the Act, s 37
(1) For the Act, section 37(3) and (4)(c), a non-proprietary association that conducts a race meeting at a licensed racecourse must—(a) display a copy of the counselling notice near the main entrance to the racecourse and in each part of the racecourse in which betting is conducted, and(b) position a copy of the counselling notice in a way that it is reasonable to expect a person in that part of the racecourse would be alerted to the contents of the notice, and(c) display a copy of the gambling help notice on each automatic teller machine (ATM) and electronic funds transfer (EFT) facility at the racecourse.Maximum penalty—50 penalty units.(2) A gambling help notice displayed on an ATM or EFT facility may consist of a permanently visible light emitting display.(3) In this section—counselling notice means a notice approved by the Secretary—(a) containing a statement about problem gambling help options, and(b) published on a website maintained by Liquor & Gaming NSW.gambling help notice means a notice approved by the Secretary—(a) containing a statement about problem gambling help options for the purposes of ATMs and EFT facilities, and(b) published on a website maintained by Liquor & Gaming NSW.
18 Gambling information and warnings—the Act, s 37
For the Act, section 37(3) and (4)(d), a licensed bookmaker must ensure that each ticket sold or given to a person for the purposes of placing a bet contains the following information—Help is close at handwww.gambleaware.nsw.gov.au1800 858 858Maximum penalty—50 penalty units.
Part 5 Miscellaneous
19 Fees—the Act, ss 17B, 18 and 19
(1) For the Act, sections 17B(3), 18(6) and 19(3), the fees specified in Schedule 2, Part 1, are prescribed.(2) The fees are to be adjusted for inflation in accordance with Schedule 2, Part 2.
20 Exemption from offence for giving access to unlicensed betting service providers—the Act, s 30
For the Act, section 30(4), a person who is a member of the Communications Alliance is exempt from the operation of the Act, section 30(3).
21 Remedial orders—the Act, s 35A
For the Act, section 35A(1), the following offences are prescribed—(a) offences under the Act, sections 29, 30, 33, 33H and 33J,(b) offences under this Regulation, sections 16(1), 17(1) and 18.
22 Notice of integrity agreement—the Act, s 37
(1) This section applies for the Act, section 37(3).(2) A sports controlling body must, as soon as possible after entering into an integrity agreement referred to in the Act, section 18A or 18C, give the Minister written notice of the day on which the agreement was entered into.(3) The Minister may require a sports controlling body to publish a notice, in the way determined by the Minister, stating that the body has entered into an integrity agreement referred to in the Act, section 18C.
23 Savings
An act, matter or thing that, immediately before the repeal of the Betting and Racing Regulation 2012, had effect under that Regulation continues to have effect under this Regulation.
Schedule 1 Penalty notice offences
1 Application of Schedule
(1) For the Act, section 35AA—(a) each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and(b) the amount payable for the penalty notice is the amount specified opposite the provision.(2) If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—(a) that limited kind of offence, or(b) an offence committed in those limited circumstances.
Provision | Penalty—individuals | Penalty—corporations |
Offences under the Gaming and Liquor Administration Act 2007 as applied by the Act, section 33O | ||
Section 34(4) | $1,100 | $1,100 |
Offences under the Act | ||
Section 14(1) | $220 | $220 |
Section 17 | $550 | $1,100 |
Section 18C(1) | $550 | $2,750 |
Section 19(1) | $550 | $2,750 |
Section 26GA | $1,100 | $1,100 |
Section 26GB | $1,100 | $1,100 |
Section 26GC | $1,100 | $1,100 |
Section 29(1) | $550 | $2,750 |
Section 30(1) and (3) | $550 | $2,750 |
Section 31(1) | $550 | $2,750 |
Section 33H(1), (4) and (5) | $5,500 | $15,000 |
Section 33HA | $5,500 | $15,000 |
Section 33I(2) | $2,750 | $13,750 |
Section 33J | $2,750 | $13,750 |
Section 33JA | $5,500 | $15,000 |
Section 33JB | $5,500 | $15,000 |
Section 33JC | $5,500 | $15,000 |
Section 33JG | $5,500 | $15,000 |
Section 33JK | $5,500 | $15,000 |
Offences under this Regulation | ||
Section 5(1) | $550 | $550 |
Section 16(1) | $550 | — |
Section 17(1) | $550 | — |
Section 18 | $550 | $550 |
Schedule 2 Fees
section 19
Part 1 Fees payable
Item | Type of fee | Fee (in fee units) |
1 | Application to be prescribed as sports controlling body—this Regulation, s 4(2)(c) | 5.2 |
2 | Application under the Act, s 18(4) for an order prescribing a declared betting event—the Act, s 18(6) | 10 |
3 | Application for grant of a declared betting event authority—the Act, s 19(3) | 1 |
Part 2 Adjustment of fees for inflation
1 Definitions
In this Part—CPI number means the Consumer Price Index, All Groups Index, for Sydney published by the Australian Bureau of Statistics in the latest published series of the index.financial year means a period of 12 months commencing on 1 July.
2 Calculation of fee unit for purposes of Regulation
(1) For this Regulation, a fee unit is—(a) in the financial year 2022–23—$500, and(b) in each subsequent financial year—the amount calculated as follows—%20AND%20(No%3D0478)%20AND%20(Year%3D2022)%20AND%20(%22Historical%20Document%22%3D%222023-03-30%22))/g1.gif)
where—A is the CPI number for the March quarter in the financial year immediately preceding the financial year for which the amount is calculated.B is the CPI number for the March quarter of 2022.(2) The amount of a fee unit is to be rounded to the nearest cent, and an amount of 0.5 cent is to be rounded down.(3) However, if the amount of a fee unit calculated for any financial year is less than the amount that applied for the previous financial year, then the amount for that previous financial year applies instead.
3 Rounding of fee amounts
The amount of a fee calculated by reference to a fee unit is to be rounded to the nearest dollar, and an amount of 50 cents is to be rounded down.
4 Notice of indexed fees
(1) As soon as practicable after the CPI number for the March quarter is first published by the Australian Bureau of Statistics, the Secretary is required to—(a) notify the Parliamentary Counsel of the amount of the fee unit for the next financial year so that notice of the amount can be published on the NSW legislation website, and(b) give public notice on an appropriate government website of the actual amounts of the fees applying in each financial year resulting from the application of the amount of a fee unit calculated under this Part.(2) This Part operates to change an amount of a fee that is calculated by reference to a fee unit and the change is not dependent on the notification or other notice required by this section.
Schedule 3 Advisory statements—the Act, s 33H
section 15
Part 1 Gambling advertisements
1 Definitions
In this Schedule—bsp app advertisement means a gambling advertisement published or communicated on the app of a betting service provider, including a smartphone or tablet app, but does not include—(a) a radio advertisement, or(b) a television or video advertisement.bsp video advertisement means a television or video advertisement published or communicated on the account of a betting service provider on a social media platform.bsp website advertisement means a gambling advertisement published or communicated on the website of a betting service provider, but does not include—(a) a radio advertisement, or(b) a television or video advertisement.call to action means a call to action prescribed in Part 3.digital advertisement means a visual or audiovisual gambling advertisement published or communicated in a digital display or on a website, but does not include the following—(a) a bsp app advertisement,(b) a bsp website advertisement,(c) a direct marketing advertisement,(d) a radio advertisement,(e) a social media advertisement,(f) a television or video advertisement.direct marketing advertisement means a gambling advertisement published or communicated by email, mail, telephone or text message.print advertisement means a gambling advertisement published or communicated in print, but does not include a direct marketing advertisement.radio advertisement means an audio gambling advertisement published or communicated by radio broadcast or digitally, including by—(a) a podcast, or(b) a digital radio on-demand or streaming service, or(c) a website, social media platform or app.means—(a) a visual, but not audiovisual, gambling advertisement published or communicated on a social media platform, or(b) an audiovisual gambling advertisement published or communicated on a social media platform that is not—(i) a bsp video advertisement, or(ii) a repost of a bsp video advertisement to the same or any other social media platform.means any of the following—(a) Facebook,(b) Instagram,(c) Pinterest,(d) Reddit,(e) Snapchat,(f) TikTok,(g) Tumblr,(h) Twitter.tagline means a tagline prescribed in Part 2.television or video advertisement means an audiovisual gambling advertisement published or communicated by television broadcast or digitally, including by—(a) a video on-demand or streaming service, or(b) a website, social media platform or app.
2 Requirements for advisory statements
(1) For the purposes of the Act, section 33H(3), an advisory statement for a type of gambling advertisement specified in Part 4 must consist of the tagline and call to action prescribed in Part 4 for the type of gambling advertisement.(2) Text that is spoken must be clearly intelligible to a person listening to the text.(3) Text that is displayed must be in print of a type and size that is clearly legible to a person reading the text.(4) A person must take reasonable steps to ensure each tagline prescribed for a type of gambling advertisement is used approximately equally for the type of gambling advertisement over a 12-month period.(5) The following must not be published or communicated except in spoken form—(a) tagline 1,(b) call to action A or B.(6) However, if tagline 1 is published or communicated as part of a television or video advertisement, it must be published or communicated in both visual and spoken form at the same time.(7) If the content of the required call to action is already included in the tagline, it is not necessary to repeat the content of the call to action.
Part 2 Taglines
Tagline | Text |
1 | You win some. You lose more. |
2 | Chances are you’re about to lose. |
3 | What’s gambling really costing you? |
4 | Imagine what you could be buying instead. |
5 | What are you really gambling with? |
6 | Think. Is this a bet you really want to place? |
7 | What are you prepared to lose today? Set a deposit limit. |
Part 3 Calls to action
Call to action | Text |
A | For free and confidential support visit gamblinghelponline.org.au |
B | For free and confidential support, call the number on the screen or visit the website |
C | Set a deposit limit |
D | For free and confidential support call 1800 858 858 or visit gamblinghelponline.org.au |
Part 4 Prescribed advisory statements
Gambling advertisement | Tagline | Call to action |
bsp app advertisement | 2, 3, 4, 5, 6, 7 | C |
bsp website advertisement | 2, 3, 4, 5, 6, 7 | D |
digital advertisement | 2, 3, 4, 5, 6, 7 | C |
direct marketing advertisement—email | 2, 3, 4, 5, 6, 7 | C |
direct marketing advertisement—mail | 2, 3, 4, 5, 6, 7 | D |
direct marketing advertisement—telemarketing | 1, 2, 3, 4, 5 | A |
direct marketing advertisement—text message | 2, 3, 4, 5, 6, 7 | D |
print advertisement | 2, 3, 4, 5, 6, 7 | D |
radio advertisement—15 seconds or less | 1, 2, 3, 4, 5 | Not required |
radio advertisement—more than 15 seconds | 1, 2, 3, 4, 5 | A |
social media advertisement—restricted character count of 280 characters or less | 2, 3, 4, 5, 6, 7 | C |
social media advertisement—otherwise | 2, 3, 4, 5, 6, 7 | D |
television or video advertisement—15 seconds or less | 1, 2, 3, 4, 5 | D |
television or video advertisement—more than 15 seconds | 1, 2, 3, 4, 5 | B in spoken form together with D in visual form |
Part 5 Additional advisory statement
3 Additional advisory statement
(1) The following additional advisory statement is prescribed for use by TAB Limited—Help is close at handwww.gambleaware.nsw.gov.au1800 858 858(2) TAB Limited may use the additional advisory statement, instead of the advisory statements prescribed in Part 4, for gambling advertisements displayed at premises—(a) operated by TAB Limited, or(b) operated on behalf of TAB Limited, or(c) that have an agreement with TAB Limited for the provision of betting services.(3) In this section—TAB Limited means the company of that name, ACN 081 765 308.
sch 3: Ins 2022 (780), Sch 1[2].