Totalizator Amendment Act 2008 No 9



An Act to amend the Totalizator Act 1997 with respect to commission that a licensee may take on totalizator betting.
1   Name of Act
This Act is the Totalizator Amendment Act 2008.
2   Commencement
This Act commences on the date of assent to this Act.
3   Amendment of Totalizator Act 1997 No 45
The Totalizator Act 1997 is amended as set out in Schedule 1.
4   Repeal of Act
(1)  This Act is repealed on the day following the day on which this Act commences.
(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 Amendments
(Section 3)
[1]   Section 3 Objects of Act
Omit “and” where lastly occurring in section 3 (a).
[2]   Section 3 (b)
Omit the paragraph.
[3]   Section 53 Making of rules
Insert after section 53 (2):
  
(2A)  A licensee is required to make the rules referred to in section 69.
[4]   Section 69
Omit the section. Insert instead:
  
69   Commission on totalizator betting
(1)  A licensee may deduct, or cause to be deducted, as commission out of the total amount invested in each totalizator conducted by the licensee on one or more events or contingencies, an amount not exceeding the amount prescribed by the rules in respect of a totalizator of that class or description.
(2)  An amount prescribed by the rules for the purposes of subsection (1) must be expressed as a percentage of the total amount invested in the class or description of totalizator concerned, and must not exceed 25% of the total amount invested.
[5]   Schedule 2 Savings, transitional and other provisions
Insert at the end of clause 1 (1):
  
[6]   Schedule 2, Part 5
Insert after Part 4:
  
Part 5 Provision consequent on enactment of Totalizator Amendment Act 2008
20   Removal of 16 per cent cap on commission
To the extent that the amendment made by Schedule 1 [4] to the Totalizator Amendment Act 2008 removes the 16 per cent cap on commission that a licensee may deduct each financial year from the total amount invested in totalizators conducted by the licensee in that year, the amendment is taken to have commenced on 1 July 2007.