Betting and Racing Regulation 2012

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Betting and Racing Regulation 2012.

cl 1: Am 2015 (817), Sch 1 [1].

2 Commencement

This Regulation commences on 1 September 2012 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Racing Administration Regulation 2005 which is repealed on 1 September 2012 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

(1)  In this Regulation—

sports controlling body for a sporting event means the sports controlling body prescribed for the sporting event under section 17B of the Act.

the Act means the Betting and Racing Act 1998.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)  Notes included in this Regulation do not form part of this Regulation.

cl 3: Am 2015 (817), Sch 1 [2] [3].

Part 2 Responsible gambling practices

Division 1 Problem gambling signage and information

4 Definitions

In this Division—

Liquor & Gaming NSW means that part of the Department of Customer Service known as Liquor & Gaming NSW.

problem gambling information means the Gambling Help line phone number operated under contractual arrangements made by Liquor & Gaming NSW.

Secretary means the Secretary of the Department of Customer Service.

cl 4: Am 2020 No 30, Sch 3.6[1] [2]; 2021 (2), Sch 1.1[1].

5 Approval of gambling information brochures

(1)  The Secretary may approve one or more pamphlets or brochures containing problem gambling information in the English language (a problem gambling information brochure).

(2)  The Secretary may approve one or more pamphlets or brochures in a language other than English—

(a)  indicating the substance of the information contained in English in a problem gambling information brochure, and

(b)  advising that, on request, the information will be supplied in the relevant language by a non-proprietary association that conducts a race meeting at a licensed racecourse.

(3)  A pamphlet or brochure approved under subclause (2) may be combined with the problem gambling information brochure to which it relates.

(4)  Without limiting subclause (2), the Secretary may approve one or more pamphlets or brochures containing problem gambling information in a language other than English (a community language problem gambling information brochure).

(5)  The Secretary may vary or withdraw any approval given under this clause.

cl 5: 2021 (2), Sch 1.1[2][3].

6 Provision of problem gambling information brochures

(1)  A non-proprietary association that conducts a race meeting at a licensed racecourse must ensure that—

(a)  copies of at least one type of problem gambling information brochure approved by the Secretary under clause 5 (1) are made available in each part of the racecourse on which betting is conducted, and

(b)  those copies are displayed in such a manner and in such a place that it would be reasonable to expect that a person in the part of the racecourse in which the brochures are displayed would be alerted to their presence.

Maximum penalty—50 penalty units.

(2)  The brochures must be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 6: Am 2020 No 30, Sch 3.6[2]; 2021 (2), Sch 1.1[2][4].

7 Provision of community language problem gambling information brochures

(1)  A person may request a non-proprietary association that conducts a race meeting at a licensed racecourse to supply a community language problem gambling information brochure approved by the Secretary under clause 5 (4).

(2)  A non-proprietary association must supply a community language problem gambling information brochure in accordance with a request made under subclause (1) as soon as practicable after being requested to do so.

Maximum penalty—50 penalty units.

(3)  The brochures must be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 7: Am 2020 No 30, Sch 3.6[2]; 2021 (2), Sch 1.1[2][4][5].

8 Gambling information and warnings

A licensed bookmaker must ensure that each betting ticket supplied by the bookmaker to a person contains the following—

Help is close at hand

www.gambleaware.nsw.gov.au

1800 858 858

Maximum penalty—50 penalty units.

cl 8: Subst 2021 (2), Sch 1.1[6].

9 Counselling signage—notice to be displayed

(1)  A non-proprietary association that conducts a race meeting at a licensed racecourse must—

(a)  display a notice that complies with this clause in the vicinity of the main entrance to the racecourse and in each part of the racecourse on which betting is conducted, and

(b)  display the notice in such a manner and in such a place that it would be reasonable to expect that a person using the part of the premises in relation to which the notice is displayed would be alerted to its contents.

Maximum penalty—50 penalty units.

(2)  The notice must contain a statement about problem gambling help options approved by the Secretary.

(3)  The notice must be in a form approved by the Secretary and published on a website maintained by Liquor & Gaming NSW.

cl 9: Am 2020 No 30, Sch 3.6[2]; 2021 (2), Sch 1.1[2][4][7].

10 ATM and EFT signage

(1)  A non-proprietary association that conducts a race meeting at a licensed racecourse must display a notice in accordance with this clause in a prominent position on or adjacent to each automatic teller machine (ATM) and electronic funds transfer facility (EFT) located at the racecourse.

Maximum penalty—50 penalty units.

(2)  The notice must contain a statement about problem gambling help options approved by the Secretary.

(3)  Subclause (2) does not prevent a notice under this clause containing other information.

(4)  The matter contained in the notice must be in letters and figures of not less than 0.2 centimetres in height.

(5)  The notice may consist of a permanently visible light-emitting display that forms part of the machine or facility.

cl 10: Am 2021 (2), Sch 1.1[8].

10A Advisory statement

The following advisory statement is prescribed for the purposes of section 33H(4) of the Act—

Help is close at hand

www.gambleaware.nsw.gov.au

1800 858 858

cl 10A: Ins 2018 No 7, Sch 1.2 [1]. Subst 2021 (2), Sch 1.1[9].

Division 2

11–13  (Repealed)

pt 2, div 2: Rep 2018 No 7, Sch 1.2 [2].

cl 11: Am 2015 (817), Sch 1 [4]. Rep 2018 No 7, Sch 1.2 [2].

cl 12: Am 2015 (817), Sch 1 [5]. Rep 2018 No 7, Sch 1.2 [2].

cl 12A: Ins 2015 (817), Sch 1 [6]. Rep 2018 No 7, Sch 1.2 [2].

cl 13: Rep 2018 No 7, Sch 1.2 [2].

Part 3 Use of NSW race field information

14 Interpretation

(1)  In this Part—

approval means a race field information use approval.

approval holder means a person who holds an approval.

key employee, in relation to an applicant for or holder of an approval, means a person (whether or not appointed under a contract of service) who is—

(a)  employed in a managerial or supervisory capacity in relation to the conduct of wagering operations by the approval applicant or holder, or

(b)  authorised to make decisions, involving the exercise of his or her discretion, that regulate the operations of the approval applicant or holder in relation to the conduct of wagering operations, or

(c)  concerned or engaged, in any manner, in the conduct of wagering operations by the approval applicant or holder.

relevant financial interest means—

(a)  any share in the capital of the business, or

(b)  any entitlement to receive any income derived from the business, whether the entitlement arises at law or in equity or otherwise.

relevant position means the position of director, manager, secretary or other executive position, however those positions are designated.

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—

(a)  to participate in any directorial, managerial or executive decision, or

(b)  to elect or appoint any person to any relevant position.

wagering turnover, in relation to a race or class of races, means the total amount of wagers made on the backers side of wagering transactions made in connection with that race or class of races.

(2)  For the purposes of this Part, a person is a close associate of an applicant for, or the holder of, an approval if the person—

(a)  holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the approval applicant or holder, and by virtue of that interest or power is or will be able (in the opinion of the relevant racing control body) to exercise a significant influence over or with respect to the conduct of that business, or

(b)  holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the approval applicant or holder.

15 Authorisations to use NSW race field information: section 33 (1) (b)

(1)  The following uses of NSW race field information, whether in Australia or elsewhere, are authorised—

(a)  a use for a not-for-profit social purpose only (such as a Golden Slipper office sweep or a fundraising calcutta),

(b)  a use by any of the following bodies for its internal administrative or regulatory purposes—

(i)  a relevant racing control body,

(ii)  a body that corresponds to a relevant racing control body under the legislation of another State or Territory,

(iii)  Racing Australia Limited,

(iv)  Harness Racing Australia Inc.,

(v)  Greyhounds Australasia Limited,

(c)  a use by the following bodies for the purposes of a race meeting (such as displays, race books for sale and information for the administration and promotion of the race meeting)—

(i)  a New South Wales racing club that is registered with a relevant racing control body,

(ii)  a racing club of another State or Territory that is registered with or licensed by a body that corresponds to the relevant racing control body of the other State or Territory,

(d)  subject to subclause (2), a use by a public news media body in accordance with a contract or other arrangement with a relevant racing control body (or an agent for that body that manages media rights),

(e)  a use (or a use belonging to a class of uses) authorised by the Minister, by order, on the recommendation of the relevant racing control body.

(2)  The Minister may, by order, on the recommendation of the relevant racing control body, limit (in whole or in part) the operation of an authorisation under subclause (1) (d).

(3)  An authorisation under subclause (1) (e) may be revoked (in whole or in part) by the Minister, by order, on the recommendation of the relevant racing control body.

cl 15: Am 2017 No 63, Sch 4.3.

16 Fees for race field information use approvals: section 33A (2) (a)

(1)  A relevant racing control body may impose a condition on an approval (in addition to any other condition relating to fees) that the holder of the approval must pay a fee to cover the cost of assessing the application for the approval.

(2)  A relevant racing control body may impose a condition on an approval held by a licensed wagering operator that the operator must pay the following if NSW race field information is used in Australia in the course of the operator’s wagering operations—

(a)  a fee that does not exceed 4% of the operator’s wagering turnover in relation to races covered by the approval (but only on wagering turnover derived from wagers laid by the operator at totalizator derived odds),

(b)  on wagering turnover derived from wagers laid by the operator at odds other than totalizator derived odds—

(i)  in the case of any races covered by the approval that are at a race meeting at which at least 1 race carries prize money of $1,000,000 or more—a fee that does not exceed 3% of the operator’s wagering turnover in relation to the races, or

(ii)  in the case of any other races covered by the approval—a fee that does not exceed 2.5% of the operator’s wagering turnover in relation to the races,

(c)  any amount of GST payable in respect of a fee payable under paragraph (a) or (b).

(2A)  A relevant racing control body may impose a condition on an approval that the holder of the approval must pay a fee determined by the relevant racing control body in relation to the use of NSW race field information, other than a use for which a fee is payable under subclause (2).

(3)  In this clause—

GST has the same meaning as in the A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth.

totalizator has the same meaning as in the Totalizator Act 1997.

totalizator derived odds means any odds derived from or contingent on totalizator odds but does not include totalizator odds.

totalizator odds means any odds which are dependent on the result of the working of a totalizator on an event or contingency.

Note—

In granting race field information use approvals, and imposing conditions on those approvals, relevant racing control bodies are subject to section 92 of the Commonwealth Constitution (Trade within the Commonwealth to be free etc).

cl 16: Am 2013 (75), Sch 1 [1] [2]; 2015 (426), Sch 1 [1]–[3]; 2016 (444), cl 3 (1).

17 Other conditions on race field information use approvals: section 33A (2) (b)

Note—

An approval may relate to a single race or a class of races. A class may be defined in many ways including geography or time.

(1)  The following kinds of conditions are prescribed as permissible conditions—

(a)  conditions specifying the duration of the approval (including conditions that the approval operates until it expires or is cancelled),

(b)  conditions specifying the manner of use that is authorised under the approval,

(c)  conditions specifying events that must be notified to the relevant racing control body, including but not limited to the following events—

(i)  a change in the persons or bodies having a controlling interest in the approval holder,

(ii)  a change in financial circumstances of the approval holder (such as the insolvency of the approval holder or, for a wagering operator, a significant improvement in wagering turnover),

(iii)  the commencement (in New South Wales or elsewhere) of any prosecution or disciplinary action against the approval holder under any legislation or any rules of racing or betting,

(d)  conditions requiring the approval holder to provide the relevant racing control body with information and access to enable that body to audit and assess the holder’s compliance with the approval (including access to the approval holder’s financial and wagering records),

(e)  conditions specifying the times within which the approval holder must pay any fees due under the approval (for example, monthly),

(f)  if the approval holder is a wagering operator—conditions requiring the approval holder to provide to the relevant racing control body details of the approval holder’s wagering turnover and specifying the manner and form (for example, electronically) and the times within which those details must be provided to the relevant racing control body (for example, monthly),

(g)  if the approval holder is a wagering operator that conducts wagering operations in Australia—a condition that requires the approval holder to hold (and continue to hold) an appropriate licence or authority (however described) under a relevant State or Territory law that authorises it to carry out those wagering operations,

(h)  if the approval holder is a wagering operator—conditions relating to the preservation of the integrity and reputation of the relevant kind of racing in New South Wales, including, but not limited to, conditions relating to the following—

(i)  requiring the approval holder to provide the relevant racing control body with access to all the approval holder’s betting information and analyses in relation to the races covered by the approval,

(ii)  requiring the approval holder to furnish information to any inquiries or investigations specified by the relevant racing control body within the time specified by the relevant racing control body,

(iii)  requiring the approval holder to permit the relevant racing control body to monitor wagering activity that relates to the races covered by the approval,

(iv)  requiring the approval holder to co-operate with any inquiry or investigation specified by the relevant racing control body (including by providing requested details of any betting account to the inquiry or investigation),

(v)  requiring the approval holder not to open or maintain any account for a person who has been warned off a racecourse or who is disqualified from participating in any racing activities by a relevant racing control body,

(vi)  requiring the approval holder not to open an account for a person who has not properly established their identity (for example, by way of the 100 point identification checks commonly used by banks),

(vii)  requiring the approval holder to use a secure computer system for the holder’s wagering operations to ensure that a proper audit trail of all wagers is kept,

(viii)  requiring the approval holder to participate in any on-line wagering monitoring system specified by the relevant racing control body,

(ix)  requiring the approval holder 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 do anything to comply, or not do anything to avoid compliance, with the condition, such as closing or placing restrictions on a person’s betting account).

(2)  Despite clause 18, an approval may be varied by a relevant racing control body to impose a condition referred to in clause 17 (1) (h) (ix) at any time on the grounds that the relevant racing control body considers that the imposition of the condition is necessary.

(3)  In this clause—

publicly display odds, means to display odds to the public generally including, but not limited to—

(a)  on a semaphore board, or

(b)  at an electronic betting terminal, or

(c)  on a website without requiring a person to identify himself or herself (for example, by requiring a person to log in or to provide personal information).

cl 17: Am 2014 (854), Sch 1 [1] [2].

18 Grounds for cancellation or variation of approvals: section 33A (4)

(1)  The following grounds for the cancellation or variation of an approval are prescribed—

(a)  the approval holder has breached a condition of the approval,

(b)  there has been a change in the persons that have a controlling interest in the approval holder,

(c)  the approval holder or a key employee of the approval holder has been convicted of an offence whether in New South Wales or elsewhere,

(d)  disciplinary action has been taken against the approval holder or a key employee of the approval holder under any legislation or any rules of racing or betting whether in New South Wales or elsewhere,

(e)  the approval holder has employed or engaged a person as a key employee who has a criminal record or has been the subject of disciplinary action under any legislation or any rules of racing or betting whether in New South Wales or elsewhere.

(2)  Without limiting subclause (1), a change in financial circumstances of the approval holder (such as a significant improvement in the wagering turnover of the holder or the insolvency of the holder) is prescribed as a ground for the variation of an approval.

(3)  Without limiting subclause (1), a change in the maximum race field information use fee is prescribed as a ground for the variation of an approval if the purpose of the variation is to give effect to a change in the race field information use fee.

(4)  In this clause—

maximum race field information use fee means the amount prescribed by clause 16 (2).

race field information use fee means any fee imposed by a relevant racing control body in relation to a use in Australia of NSW race field information made in the course of the wagering operations of a licensed wagering operator.

cl 18: Am 2013 (75), Sch 1 [3]; 2016 (444), cl 3 (2).

19 Applications for race field information use approvals: section 33B (2)

(1)  An approval application must—

(a)  be in writing, and

(b)  be in a form approved by the relevant racing control body, and

(c)  contain the following information—

(i)  the name and contact details of the applicant,

(ii)  details of the proposed use or uses of NSW race field information (including the race or class of races to which the approval is to relate and the time and manner of use), and

(d)  if the applicant is a wagering operator, contain the following information—

(i)  details of the applicant’s licence to operate (whether under legislation of New South Wales or elsewhere),

(ii)  details of the types of wagering offered by the applicant,

(iii)  details of the applicant’s history of wagering operations and uses of NSW race field information (including details of the applicant’s past wagering turnover in relation to racing in New South Wales),

(iv)  details of the criminal history (if any) of the key employees and close associates of the applicant that is known to the applicant,

(v)  details of any disciplinary action under any legislation or any rules of racing or betting (whether in New South Wales or elsewhere) that has been taken against the key employees and close associates of the applicant that is known to the applicant,

(vi)  details of the applicant’s policy and procedure for dealing with racing integrity issues relating to racing in New South Wales (such as suspect betting transactions and frauds).

(2)  An approval application is to be made at least 30 days before the race to which the approval relates (or if the approval is to relate to a class of races, the first race belonging to that class) is to take place.

20 Criteria for determination of applications: section 33B (3) (b) and (4)

In determining an approval application, the relevant racing control body—

(a)  must take into account whether—

(i)  the applicant is a fit and proper person to hold the approval, and

(ii)  granting the approval will undermine the integrity of the conduct in New South Wales of the racing relevant to the control body concerned, and

(b)  must not take into account the location in Australia in which the applicant—

(i)  resides or carries out his or her activities (in relation to an individual), or

(ii)  has its head office or principal place of business (in relation to a corporation), and

(c)  in relation to an applicant that is a wagering operator, must take into account whether or not the applicant holds a licence or authority (however described) under State or Territory legislation to carry out its wagering operations (whether in New South Wales or elsewhere), and

(d)  in relation to an applicant that is a licensed wagering operator, must not take into account whether the applicant is licensed under the legislation of New South Wales as opposed to the legislation of another State or Territory.

Part 3A Sports controlling bodies

pt 3A (cll 20A–20C): Ins 2015 (817), Sch 1 [7].

20A Sports controlling body to be prescribed by Minister

The Minister is not to prescribe a person or body as a sports controlling body in respect of a sporting event unless that person or body—

(a)  is approved as the sports controlling body in respect of the event under this Part or the Gambling Regulation Act 2003 of Victoria, or

(b)  is approved as the sports controlling body (however described) in respect of the event under an Act or law of another Australian jurisdiction.

pt 3A (cll 20A–20C): Ins 2015 (817), Sch 1 [7].

20B Application for approval in New South Wales

(1)  A person or body may apply to the Minister for approval under this Part in respect of 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 a fee of $2,600, and

(d)  be accompanied by any additional information that the Minister may require.

(3)  In determining the application, the Minister is to determine whether the applicant is the most appropriate person or body to be the sports controlling body for the sporting event, having regard to the following—

(a)  the degree to which the applicant controls, organises or administers the event,

(b)  the means by which the applicant can ensure the integrity of the event,

(c)  the expertise and resources of the applicant,

(d)  whether the approval of the applicant is in the public interest,

(e)  any other matter that the Minister considers to be relevant.

pt 3A (cll 20A–20C): Ins 2015 (817), Sch 1 [7].

20C Change in circumstances of sports controlling body

(1)  The Minister may, by notice in writing, require a sports controlling body to notify the Minister of any change in circumstances specified by the Minister in the notice.

(2)  A sports controlling body that has been so notified (and in the case of a sports controlling body that is not an individual or incorporated, each member of the governing body of the sports controlling body) must ensure that the Minister is notified in writing of any such specified change no later than 14 days after the change occurs.

Maximum penalty—50 penalty units.

pt 3A (cll 20A–20C): Ins 2015 (817), Sch 1 [7].

Part 4 Miscellaneous

21 Exemption from offence provision relating to on-line service providers: section 30 (4)

(1)  Any person who—

(a)  is a member of the Internet Industry Association, and

(b)  is bound by the codes of practice prepared by that Association,

is exempt from the operation of section 30 (3) of the Act.

(2)  If the Minister is satisfied that any such member has failed to comply with a code referred to in subclause (1), the Minister may, by notice in writing given to the member, exclude the member from the exemption under this clause for such period as is specified in the notice.

21A Application fee to prescribe declared betting event

The fee prescribed for an application under section 18 (4) of the Act is $5,000.

cll 21A: Ins 2015 (817), Sch 1 [8].

21B Notice of integrity agreement

(1)  A sports controlling body must notify the Minister in writing when an integrity agreement referred to in section 18A or 18C of the Act is entered into.

(2)  The Minister may require a sports controlling body to cause a notice to be published (in any manner that the Minister sees fit) that the sports controlling body has entered into an integrity agreement referred to in section 18A of the Act.

cll 21B: Ins 2015 (817), Sch 1 [8].

22 Remedial orders

The following offences are prescribed for the purposes of section 35A of the Act—

(a)  offences against sections 29, 30, 33, 33H and 33J of the Act,

(b)  offences against clauses 6, 7, 9 and 10 of this Regulation.

cl 22: Am 2018 No 7, Sch 1.2 [3] [4].

22A Penalty notices

For the purposes of section 35AA of the Act, an offence under section 34 (1) or (4) of the GALA Act as applied by section 33O of the Act is prescribed as an offence for which a penalty notice may be issued and the prescribed penalty for any such offence is $1,100.

cl 22A: Ins 2018 No 7, Sch 1.2 [5].

23 Savings

Any act, matter or thing that, immediately before the repeal of the Racing Administration Regulation 2005, had effect under that Regulation continues to have effect under this Regulation.

24 Transitional

The amendment of clause 16 by the Racing Administration Amendment (Fees) Regulation 2013 does not apply to a race held before the commencement of that amendment.

cl 24: Ins 2013 (75), Sch 1 [4].

25 Transitional— Gambling Legislation Amendment Regulation 2021

(1)  A person is not required to comply with the new provisions during the transition period, and does not commit an offence against the Act or this Regulation because of the non-compliance, if the person instead complies with the old provisions.

(2)  In this clause—

amending Regulation means the Gambling Legislation Amendment Regulation 2021.

new provisions means clauses 6–10A as in force on the commencement of the amending Regulation.

old provisions means clauses 6–10A as in force immediately before the commencement of the amending Regulation.

transition period means the period of 6 months from the commencement of the amending Regulation.

cl 25: Ins 2021 (2), Sch 1.1[10]