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This is a Bill, not an Act. For current law, see the Acts databases.
Racing Administration Amendment
Bill 2008
No , 2008
A Bill for
An Act to amend the Racing Administration Act 1998 and the Racing Administration
Regulation 2005 with respect to the publication of betting information, the
advertising of betting information and betting services and the use of race field
information; and for other purposes.
Clause 1 Racing Administration Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Racing Administration Amendment Act 2008. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
3 Amendment of Racing Administration Act 1998 No 114 6
The Racing Administration Act 1998 is amended as set out in 7
Schedule 1. 8
4 Amendment of Racing Administration Regulation 2005 9
The Racing Administration Regulation 2005 is amended as set out in 10
Schedule 2. 11
5 Repeal of Act 12
(1) This Act is repealed on the day following the day on which this Act 13
commences. 14
(2) The repeal of this Act does not, because of the operation of section 30 15
of the Interpretation Act 1987, affect any amendment made by this Act. 16
Page 2
Racing Administration Amendment Bill 2008
Amendment of Racing Administration Act 1998 Schedule 1
Schedule 1 Amendment of Racing Administration 1
Act 1998 2
(Section 3) 3
[1] Section 27 Definitions 4
Insert in alphabetical order: 5
betting exchange means a facility, electronic or otherwise, that 6
enables persons: 7
(a) to place or accept, through the operator of the facility, 8
wagers with other persons, or 9
(b) to place with the operator of the facility wagers that, on 10
acceptance, are matched with opposing wagers placed 11
with and accepted by the operator, 12
but does not include a facility, electronic or otherwise, that 13
enables persons to place wagers only with a bookmaker or a 14
totalizator. 15
licensed wagering operator means a wagering operator that 16
holds a licence or authority (however described) under the 17
legislation of this or any other State or Territory to carry out its 18
wagering operations (whether in that State or Territory or 19
elsewhere). 20
totalizator has the same meaning as in section 6 of the Totalizator 21
Act 1997. 22
wagering operator means a bookmaker, a person who operates a 23
totalizator or a person who operates a betting exchange. 24
[2] Section 27 25
Omit the definition of NSW race field. Insert instead: 26
NSW race field information means information that identifies, 27
or is capable of identifying, the name or number of a horse or 28
greyhound: 29
(a) as a horse or greyhound that has been nominated for, or is 30
otherwise taking part in, an intended race to be held at any 31
race meeting on a licensed racecourse in New South 32
Wales, or 33
(b) as a horse or greyhound that has been scratched or 34
withdrawn from an intended race to be held at any race 35
meeting on a licensed racecourse in New South Wales. 36
Page 3
Racing Administration Amendment Bill 2008
Schedule 1 Amendment of Racing Administration Act 1998
[3] Section 27 1
Omit "publication" from the definition of race field publication approval. 2
Insert instead "information use". 3
[4] Section 28 Publication or advertising of certain dividends or betting 4
odds not affected 5
Omit the section. 6
[5] Section 29 Publication of betting information 7
Omit section 29 (2). Insert instead: 8
(2) Subsection (1) does not operate to prohibit the publication of: 9
(a) betting information relating to a licensed wagering 10
operator, or 11
(b) betting information (of the kind prescribed by the 12
regulations) relating to a wagering operator (other than a 13
licensed wagering operator) prescribed by the regulations. 14
[6] Section 30 Advertising betting information and betting services 15
Omit section 30 (2). Insert instead: 16
(2) Subsection (1) does not operate to prohibit the publication of an 17
advertisement relating to a licensed wagering operator. 18
(2A) This section does not limit the operation of any regulations 19
relating to responsible practices in the conduct of betting, 20
including regulations restricting or prohibiting the conduct of 21
promotions or other activities (including advertising). 22
[7] Section 30 (3) (a) 23
Omit the paragraph. Insert instead: 24
(a) to access the gambling operations carried on by any person 25
other than a licensed wagering operator, or 26
[8] Section 31 Premises used for publishing betting information or betting 27
services 28
Omit section 31 (2). Insert instead: 29
(2) Subsection (1) does not apply in relation to: 30
(a) information of the kind referred to in section 29 (2), or 31
(b) any advertisement of the kind referred to in section 30 (2). 32
Page 4
Racing Administration Amendment Bill 2008
Amendment of Racing Administration Act 1998 Schedule 1
[9] Section 32 Betting information provided by authorised persons 1
Omit the section. 2
[10] Part 4, Division 3, heading 3
Omit the heading to the Division. Insert instead: 4
Division 3 Use of NSW race field information 5
[11] Sections 32A and 33 6
Omit section 33. Insert instead: 7
32A Meaning of "use NSW race field information" 8
For the purposes of this Division, a person uses NSW race field 9
information only if the person, whether in Australia or 10
elsewhere: 11
(a) publishes any NSW race field information, or 12
(b) communicates any NSW race field information to a person 13
(regardless of whether the person already knew the 14
information), or 15
(c) acknowledges or confirms any NSW race field 16
information communicated to the person (including 17
acknowledging or confirming the information by 18
accepting, or facilitating the making of, a bet), or 19
(d) makes a written or electronic record (such as a betting 20
ticket, statement of account or notice) that contains or 21
refers to any NSW race field information (regardless of 22
whether the record is communicated to any person), or 23
(e) uses any NSW race field information in a manner 24
prescribed by the regulations, or 25
(f) causes any of the activities referred to in paragraphs 26
(a)-(e) to occur. 27
33 Use of NSW race field information restricted 28
(1) A wagering operator or prescribed person must not use NSW race 29
field information unless the wagering operator or person: 30
(a) is authorised to do so by a race field information use 31
approval and complies with the conditions (if any) to 32
which the approval is subject, or 33
(b) is authorised to do so by or under the regulations. 34
Note. In this Division, a wagering operator is defined to include a 35
bookmaker, a person who operates a totalizator or a person who 36
Page 5
Racing Administration Amendment Bill 2008
Schedule 1 Amendment of Racing Administration Act 1998
operates a betting exchange (see section 27). Bookmaker is defined in 1
section 4 to include any person who: 2
(a) carries on the business of, or who acts as, a bookmaker, 3
bookmaker's clerk or turf commission agent, or 4
(b) gains, or endeavours to gain, a livelihood wholly or partly by 5
betting or making wagers. 6
Maximum penalty: 7
(a) in the case of a corporation--500 penalty units, or 8
(b) in any other case: 9
(i) for a first offence--50 penalty units or 10
imprisonment for 12 months (or both), and 11
(ii) for a second or subsequent offence--100 penalty 12
units or imprisonment for 2 years (or both). 13
(2) It is a defence to a prosecution for an offence against this section 14
if a wagering operator proves that the use of NSW race field 15
information: 16
(a) did not occur in connection with the making or accepting 17
of a bet (or the offer to make or accept a bet), and 18
(b) did not occur in the course of the business of the wagering 19
operator. 20
(3) In this section, prescribed person means a person (or a person 21
belonging to a class of persons) prescribed by the regulations. 22
[12] Sections 33A-33D and 33F 23
Omit "race field publication approval", "race field publication approvals" and 24
"publication of race fields" wherever occurring. 25
Insert instead "race field information use approval", "race field information 26
use approvals" and "the use of race field information", respectively. 27
[13] Sections 33A (1) and 33B (1) 28
Omit "publish a NSW race field" wherever occurring. 29
Insert instead "use NSW race field information". 30
[14] Section 33B Applications for race field information use approvals 31
Omit "the field" from section 33B (1). Insert instead "the information". 32
[15] Section 33F Effect of race field information use approval limited 33
Omit "publish the NSW race field". 34
Insert instead "use the NSW race field information". 35
Page 6
Racing Administration Amendment Bill 2008
Amendment of Racing Administration Act 1998 Schedule 1
[16] Section 36 Evidence 1
Insert after section 36 (2): 2
(2A) If a written publication or communication (including on the 3
Internet) of NSW race field information refers to a person as 4
being the person by whom or on whose behalf the publication or 5
communication is made, the person so referred to is, in the 6
absence of proof to the contrary, taken to have published or 7
communicated the information. 8
[17] Section 36 (3) 9
Omit "subsection (2)". Insert instead "subsections (2) and (2A)". 10
[18] Section 36 (3) and (4) 11
Insert "or written publication or communication" after "advertisement" 12
wherever occurring. 13
[19] Section 40 14
Insert after section 39: 15
40 Certificate evidence 16
In proceedings for an offence under section 33, a certificate 17
purporting to be given by a relevant racing control body 18
certifying that: 19
(a) a specified wagering operator or other person was or was 20
not the holder of a race field information use approval at a 21
specified time or during a specified period, or 22
(b) specified information is NSW race field information, 23
is admissible and is prima facie evidence of the particulars 24
certified in and by the certificate. 25
[20] Schedule 1 Savings and transitional provisions 26
Insert at the end of clause 1 (1): 27
the Racing Administration Amendment Act 2008 28
Page 7
Racing Administration Amendment Bill 2008
Schedule 1 Amendment of Racing Administration Act 1998
[21] Schedule 1, Part 6 1
Insert after Part 5: 2
Part 6 Provisions consequent on enactment of 3
Racing Administration Amendment Act 4
2008 5
11 Definition 6
In this Part: 7
amending Act means the Racing Administration Amendment Act 8
2008. 9
12 Race field publication approvals deemed to be race field 10
information use approvals 11
(1) A race field publication approval in force immediately before the 12
commencement of the amending Act is taken, with all necessary 13
modifications but subject to the regulations, to be a race field 14
information use approval. 15
(2) Without limiting subclause (1), such a race field publication 16
approval that authorises a person to publish a NSW race field in 17
respect of a specified race or class of races is taken to authorise 18
the person to use NSW race field information in respect of that 19
race or class of races. 20
Page 8
Racing Administration Amendment Bill 2008
Amendment of Racing Administration Regulation 2005 Schedule 2
Schedule 2 Amendment of Racing Administration 1
Regulation 2005 2
(Section 4) 3
[1] Clause 12 Prohibitions on gambling-related advertising 4
Omit "licensed bookmaker" wherever occurring. 5
Insert instead "licensed wagering operator". 6
[2] Clause 12 (1) (h) 7
Insert at the end of clause 12 (1) (g): 8
, or 9
(h) that offers any credit, voucher or reward as an inducement 10
to participate, or to participate frequently, in any gambling 11
activity (including as an inducement to open a betting 12
account). 13
[3] Clause 12 (3) 14
Omit "(a)-(g)". Insert instead "(a)-(h)". 15
[4] Part 3, heading 16
Omit the heading to Part 3. Insert instead: 17
Part 3 Use of NSW race field information 18
[5] Clause 14 Interpretation 19
Omit "race field publication approval" from the definition of approval in 20
clause 14 (1). 21
Insert instead "race field information use approval". 22
[6] Clause 14 (1) 23
Omit the definitions of betting exchange, licensed wagering operator, 24
totalizator and wagering operator. 25
[7] Clause 15 Authorisations to use NSW race field information: section 26
33 (1) (b) 27
Omit "following publications of NSW race fields, whether in New South 28
Wales or elsewhere," from clause 15 (1). 29
Insert instead "following uses of NSW race field information, whether in 30
Australia or elsewhere,". 31
Page 9
Racing Administration Amendment Bill 2008
Schedule 2 Amendment of Racing Administration Regulation 2005
[8] Clause 15 (1) (a)-(e) 1
Omit "publication" and "publications" wherever occurring. 2
Insert instead "use" and "uses" respectively. 3
[9] Clause 16 Fees for race field information use approvals: section 4
33A (2) (a) 5
Omit "publication in Australia of a NSW race field" in clause 16 (2) (a). 6
Insert instead "use in Australia of NSW race field information". 7
[10] Clause 16 (2) (b) 8
Omit "publication of a NSW race field". 9
Insert instead "use of NSW race field information". 10
[11] Clause 16, note 11
Omit "publications". Insert instead "information use". 12
[12] Clause 17 Other conditions on race field information use approvals: 13
section 33A (2) (b) 14
Omit "publication" from clause 17 (b). Insert instead "use". 15
[13] Clause 19 Applications for race field information use approvals: section 16
33B (2) 17
Omit clause 19 (1) (c) (ii). Insert instead: 18
(ii) details of the proposed use or uses of NSW race field 19
information (including the race or class of races to which 20
the approval is to relate and the time and manner of use), 21
and 22
[14] Clause 19 (1) (d) (iii) 23
Omit the subparagraph. Insert instead: 24
(iii) details of the applicant's history of wagering operations 25
and uses of NSW race field information (including details 26
of the applicant's past wagering turnover in relation to 27
racing in New South Wales), 28
Page 10
Racing Administration Amendment Bill 2008
Amendment of Racing Administration Regulation 2005 Schedule 2
[15] Clause 21 Exemption from prohibition on publication of information 1
relating to dividends or betting odds: section 28 (2) and (3) 2
Omit the clause. 3
Page 11
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