South Australian Consolidated Regulations South Australian Consolidated Regulations12A—Contributions payable under section 62E or 62G of Act
(1) For the purposes
of section 62E(12) of the Act, the amount that may be recovered as a debt due
to the relevant racing controlling authority by an operator who conducts
SA race betting operations when a contribution agreement is not in force is
20% of the gross proceeds of those betting operations.
(2) For the purposes
of subregulation (1) and section 62G(4) of the Act—
(a)
subject to paragraph (b), the following amounts are to be included in the
calculation of gross proceeds of betting operations:
(i)
any amount (excluding GST) paid to the betting operator
as a bet on a SA race;
(ii)
any amount (excluding GST) paid to the betting operator
in respect of a relevant lay-off bet made by the operator;
(iii)
any amount (excluding GST) paid to the betting operator
as a fee or commission relating to a bet or an offer to make a bet on a
SA race on a betting exchange operated by the operator; and
(b) the
following amounts are not to be included in the calculation of gross proceeds
of betting operations:
(i)
any amount (excluding GST) paid out by the betting
operator in respect of a bet on a SA race made with the operator;
(ii)
any amount (excluding GST) paid out by the betting
operator as a relevant lay-off bet.
Note—
In summary, gross proceeds are calculated as the total amount received as
bets, dividends on relevant lay-off bets and commission less amounts paid out
in respect of bets and relevant lay-off bets.
(3) For the purposes
of section 62G(4) of the Act—
(a)
subject to paragraph (b), any amount (excluding GST) paid to a betting
operator as a bet on a SA race is to be included in the calculation of gross
turnover of totalisator betting operations; and
(b) any
amount (excluding GST) paid to a betting operator as a bet on a SA race that
is refunded by the operator is not to be included in the calculation of gross
turnover of totalisator betting operations.
Note—
In summary, gross turnover is calculated as the total amount received as bets
less any amounts refunded in respect of those bets.
(4) For the purposes
of this regulation—
(a) a
bet is a "lay-off bet" if—
(i)
it is a bet made by a betting operator with a person
authorised under the law of this State, another State or a Territory of
Australia to conduct betting; and
(ii)
the bet is made by the betting operator to off-set the
operator's liability in respect of amounts paid to the betting operator as
fixed-odds bets on SA races; and
(iii)
the bet relates to the same contingencies as the
fixed-odds bets referred to in subparagraph (ii); and
(b) a
lay-off bet is a "relevant lay-off bet" if the amount that the betting
operator stands to win on the lay-off bet and any other lay-off bets relating
to the same contingencies does not exceed the amount the betting operator
stands to lose on the fixed-odds bets in respect of which the operator's
liability is off-set.
(5) In this
regulation—
"SA race" means a race held in this State by a racing club.