An Act to amend the Totalizator Act 1997 so as to permit the inter-jurisdictional processing of bets; and for other purposes.
1 Name of Act
This Act is the Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets) Act 2006.
2 Commencement
This Act commences on the date of assent.
3 Amendment of Totalizator Act 1997 No 45
The Totalizator Act 1997 is amended as set out in Schedule 1.
4 Amendment of Unlawful Gambling Act 1998 No 113
The Unlawful Gambling Act 1998 is amended as set out in Schedule 2.
5 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the provisions of this Act have commenced.(2) The repeal of this Act does not, because of the operation of section 30 of the Interpretation Act 1987, affect any amendment made by this Act.
Schedule 1 Amendment of Totalizator Act 1997
(Section 3)
[1] Section 5 Definitions
Insert in alphabetical order in section 5 (1):process, in relation to a bet, means any one or more of the following:(a) register the bet,(b) calculate the dividend or other return (if any) payable on the bet,(c) carry out an activity for the purpose of calculating the dividend or other return (if any) payable on the bet,(d) if the bet is a winning bet—pay out on the bet,(e) generate and maintain records in relation to the bet,(f) otherwise deal with the bet.
[2] Sections 9A and 9B
Insert after section 9:9A Processing in New South Wales of bets with conductors of betting activities in other jurisdictions(1) The Minister may, by notice published in the Gazette, approve, for the purposes of this section, any person who is authorised under the law of another State or a Territory or another country to conduct a betting activity in that State, Territory or country (an approved person).(2) An approved person may, while the approval is in force:(a) with the written consent of a licensee, use the systems or technology of the licensee (including any totalizator of the licensee), orto process in New South Wales bets placed (or to be placed) with the approved person in the conduct, by a method specified in the notice of approval, of a betting activity that the approved person is authorised to conduct in the State, Territory or country concerned.(b) arrange for the licensee, on behalf of the approved person,(3) For the purposes of this Act, the processing of bets by an approved person or a licensee in accordance with subsection (2) is taken not to constitute, or involve, the conduct of a totalizator or other betting activity in New South Wales.(4) An approval under this section may be revoked at any time by further notice published in the Gazette.(5) The revocation of an approval does not affect any bet in the course of being processed at the time of the revocation.(6) In this section, bet includes a bet placed (or to be placed) with an approved person otherwise than by way of a totalizator.9B Processing in other jurisdictions of bets with New South Wales licensees(1) The Minister may, by notice published in the Gazette, nominate, for the purposes of this section, any person who is authorised under the law of another State or a Territory or another country to conduct a betting activity (whether by means of a totalizator or otherwise) in that State, Territory or country (a nominated person).(2) A licensee may, while a nomination is in force:(a) arrange with the nominated person for the licensee to use systems or technology (including a totalizator) of the nominated person, orto process, in the nominated person’s jurisdiction, bets placed (or to be placed) with the licensee in the conduct of a betting activity that the licensee is authorised to conduct.(b) arrange for the nominated person, on behalf of the licensee,(3) In taking action under subsection (2), a licensee is, for the purposes of this Act:(a) taken to be conducting a betting activity in New South Wales, and(b) taken to be conducting a totalizator in New South Wales in respect of such of the bets processed under that subsection as were (or are to be) placed with the licensee by way of a totalizator.(4) A nomination under this section may be revoked at any time by further notice published in the Gazette.(5) The revocation of a nomination does not affect any bet in the course of being processed at the time of the revocation.(6) In this section, bet includes a bet placed (or to be placed) with a licensee otherwise than by way of a totalizator.
[3] Section 17A Trade Practices exemption
Insert after section 17A (1) (b):(b1) conduct authorised by section 9A or 9B,
[4] Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
Schedule 2 Amendment of Unlawful Gambling Act 1998
(Section 4)
[1] Section 7 Lawful forms of gambling
Insert after section 7 (a):(a1) processing bets in accordance with section 9A or 9B of the Totalizator Act 1997,
[2] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):