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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Totalizator Amendment (Exclusivity) Bill
2013
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Totalizator Act 1997:
(a) to enable the Minister administering that Act to accept the offer made by TAB Limited to
enter into the deed entitled "NSW Exclusivity Deed" set out in Attachment 1 to a deed poll
tabled by or on behalf of the Minister in the Legislative Assembly, and
(b) to extend the exclusivity period that applies in relation to the granting of totalizator licences
to TAB Limited and racing clubs under the Act for an additional 20-year period if the NSW
Exclusivity Deed comes into force.
The NSW Exclusivity Deed will, on coming into force, entitle the Crown to be paid specified
instalments as consideration for the extension of the exclusivity period.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on the date of assent to the
proposed Act.
Schedule 1 Amendment of Totalizator Act 1997 No 45
Schedule 1 [2]:
(a) authorises the Minister, on behalf of the Crown in right of the State, to accept the offer made
by TAB Limited to enter into the deed entitled "NSW Exclusivity Deed" set out in
b2013-101-94.d11
Totalizator Amendment (Exclusivity) Bill 2013 [NSW]
Explanatory note
Attachment 1 to the deed poll tabled by or on behalf of the Minister in the Legislative
Assembly on the day on which this Bill is introduced, and
(b) provides for the exclusivity period under Division 1 of Part 3 of the Act to be extended for
an additional 20-year period (commencing on 23 June 2013) if the NSW Exclusivity Deed
comes into force.
However, the extension of the exclusivity period will end if the NSW Exclusivity Deed is
terminated under clause 5.1 of the Deed before the end of the additional 20-year period.
Schedule 1 [1] makes a consequential amendment to the definition of exclusivity period.
Schedule 1 [4] provides for certain competition authorisations with respect to the NSW
Exclusivity Deed and the deed poll that contained the offer for the NSW Exclusivity Deed.
Schedule 1 [3] replaces outdated references to the Trade Practices Act 1974 of the
Commonwealth with references to the Competition and Consumer Act 2010 of the
Commonwealth.
Schedule 1 [5] enables the Governor to make regulations of a savings or transitional nature
consequent on the enactment of an Act that amends the Totalizator Act 1997 (including the
proposed Act).
Page 2
First print
New South Wales
Totalizator Amendment (Exclusivity) Bill
2013
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Totalizator Act 1997 No 45 3
b2013-101-94.d11
New South Wales
Totalizator Amendment (Exclusivity) Bill
2013
No , 2013
A Bill for
An Act to amend the Totalizator Act 1997 to authorise an extension of the exclusivity period for
the conduct of totalizators.
Totalizator Amendment (Exclusivity) Bill 2013 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Totalizator Amendment (Exclusivity) Act 2013. 3
2 Commencement 4
This Act commences on the date of assent to this Act. 5
Page 2
Totalizator Amendment (Exclusivity) Bill 2013 [NSW]
Schedule 1 Amendment of Totalizator Act 1997 No 45
Schedule 1 Amendment of Totalizator Act 1997 No 45 1
[1] Section 11 Meaning of "exclusivity period" 2
Insert at the end of the section: 3
(2) Despite subsection (1), the exclusivity period includes any extension of the 4
period resulting from the operation of section 17AA. 5
[2] Section 17AA 6
Insert after section 17: 7
17AA Extension of exclusivity period by agreement 8
(1) The Minister is authorised, on behalf of the Crown in right of the State, to 9
accept the offer made by TAB Limited in the tabled copy of the deed poll to 10
enter into the deed entitled "NSW Exclusivity Deed" set out in Attachment 1 11
to that deed poll. 12
(2) The tabled copy of the deed poll is the copy of the deed poll executed by TAB 13
Limited on 19 June 2013 as tabled, by or on behalf of the Minister introducing 14
the Bill for the Totalizator Amendment (Exclusivity) Act 2013, in the 15
Legislative Assembly on the day that the Bill was introduced. 16
(3) If and when the NSW Exclusivity Deed comes into force, the exclusivity 17
period referred to in section 11 is taken for the purposes of this Act (including 18
for the purposes of any provision of a licence that refers to the exclusivity 19
period) to have been extended to include an additional 20-year period: 20
(a) commencing at the beginning of 23 June 2013, and 21
(b) ending at 12.00 am on 23 June 2033. 22
Note. The NSW Exclusivity Deed will, on coming into force, entitle the Crown to be paid 23
specified instalments as consideration for the extension of the exclusivity period. 24
(4) However, subsection (3) ceases to have effect if the NSW Exclusivity Deed is 25
terminated before 23 June 2033 in accordance with clause 5.1 of the Deed and, 26
on such a termination, the exclusivity period referred to in section 11 is taken 27
to have ended for the purposes of this Act (including for the purposes of any 28
provision of a licence that refers to the exclusivity period). 29
(5) For the avoidance of doubt, it is declared that: 30
(a) the Minister for Tourism, Major Events, Hospitality and Racing was 31
authorised, on behalf of the Crown in right of the State, to conduct 32
negotiations with TAB Limited concerning the extension of the 33
exclusivity period referred to in section 11 (including in relation to the 34
consideration payable to the Crown for any such extension), and 35
(b) the tabling of the tabled copy of the deed poll as provided by this section 36
does not abrogate, limit or otherwise affect any right or liability of any 37
person arising under or in relation to the deed poll or the NSW 38
Exclusivity Deed after it comes into force, and 39
(c) except as provided by subsection (4), nothing in section 107 (No right 40
to compensation for cancellation etc) abrogates, limits or otherwise 41
affects any claim or any other action by TAB Limited against the Crown 42
in right of the State under the NSW Exclusivity Deed after it comes into 43
force. 44
(6) This section has effect despite anything to the contrary in this Act or any other 45
law. 46
Page 3
Totalizator Amendment (Exclusivity) Bill 2013 [NSW]
Schedule 1 Amendment of Totalizator Act 1997 No 45
[3] Section 17A Competition authorisations 1
Omit "Trade Practices Act 1974" wherever occurring (including the note at the end of the 2
section). 3
Insert instead "Competition and Consumer Act 2010". 4
[4] Section 17A (1) (b2) 5
Insert after section 17A (1) (b1): 6
(b2) in relation to an arrangement comprised by a deed referred to in section 7
17AA: 8
(i) entering into the arrangement, or 9
(ii) giving effect to the arrangement, or 10
(iii) conduct of the parties to the arrangement in negotiating the 11
arrangement, 12
[5] Schedule 2 Savings, transitional and other provisions 13
Insert at the end of clause 1 (1): 14
any Act that amends this Act 15
Page 4
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