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Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
This Bill is cognate with the Unlawful Gambling Bill 1998.
( a ) to ensure the integrity of racing in the public interest,
( b ) to ensure that certain betting activities by licensed bookmakers are
conducted properly,
( c )
to minimise the adverse social effects of lawful gambling,
( d ) to protect a source of public revenue that is derived from lawful
gambling.
This Bill re-enacts the provisions of the Gaming
Betting Act 1912 that
relate to the licensing of racecourses and the authorisation of certain betting
activities in relation to racing events and sports betting events.
The Gaming and Betting Act 1912 is to be repealed by the proposed
Unlawful Gambling Act 1998, and this Bill is part of a legislative package
which involves rewriting the Gaming and Betting Act 1912 in a more modem
form.
* Amended in committee--see table at end of volume.
Preliminary
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 a day or
days to be appointed by proclamation.
Clause 3 specifies the objects of the proposed Act as described in the above
overview.
Clause 4 defines certain words and expressions used in the proposed Act.
Part 2
Racecourses
Division 1
Licensing of racecourses
Clause 5 provides generally that race meetings can only be held at
racecourses that are licensed under the proposed Act.
Clause 6 provides that an application for a racecourse licence can only be
made by certain bodies.
Clause 7 provides that racecourse licences may be issued by the Minister
and that more than one class of licence may be issued in respect of a
racecourse.
Clause 8 provides that a racecourse licence is subject to certain conditions.
Clause 9 enables the Minister to cancel a racecourse licence in certain
circumstances.
Clause 10 provides that metropolitan racecourse licensees can only hold one
class of licence.
Clause 11 provides that it will be a condition of a racecourse licence held by
a non-proprietary association (eg racing clubs) that the licensee is subject to
inspection of records by authorised officers.
Division 2 Other provisions relating to racecourses
Clause 1 2 prohibits race meetings being held on Good Friday or on
Christmas Day.
Clause 13 prohibits persons who have been warned off racecourses by a
controlling body (eg the NSW Thoroughbred Racing Board) from entering
any racecourse under the control of that body.
Explanatory note page 2
Clause 14 prohibits the operation of punters' clubs (ie betting syndicates) at
race meetings unless authorised by the racing club and the controlling body
concerned.
Clause 15 provides that the proposed Part does not apply in respect of
harness racing on agricultural showgrounds.
Part 3
Authorisation of certain betting activities
Division 1
Authorised telephone or electronic betting
Clause 16 provides that licensed bookmakers may carry on telephone or
electronic betting activities with the authority of the Minister.
Clause 17 prohibits unauthorised telephone or electronic betting activities.
Division 2
Authorised sports betting
Clause 18 enables the Minister to declare certain sporting events (other than
horse racing. harness racing and greyhound racing) to be sports betting
events.
Clause 19 provides that licensed bookmakers may be authorised by the
Minister to take bets on sports betting events.
Clause 20 provides that a sports betting authority is subject to certain
conditions.
Clause 21 provides that a sports betting authority is subject to conditions
relating to inspection of records and other matters.
Clause 22 enables the Minister to cancel a sports betting authority in certain
circumstances.
Clause 23 provides for the making of rules for sports betting at licensed
racecourses.
Division 3
Authorised betting auditoriums
Clause 24 provides that racing clubs may be authorised by the Minister to
establish and conduct betting auditoriums at licensed racecourses.
Clause 25 provides that such an authorisation is subject to certain
conditions.
Clause 26 enables the Minister to cancel an authority to conduct a betting
auditorium.
Explanatory note page 3
Part 4
Betting information and advertising
Clause 27 contains definitions for the purposes of the proposed Part.
Clause 28 makes it clear that the publication or advertising of information
relating to betting conducted in accordance with the Totalizator Act 1997 is
not affected by the proposed Part.
Clause 29 prohibits the publication of betting information (ie the betting
odds on a race or sports betting event that is to be held) except in certain
circumstances.
Clause 30 prohibits the publishing of advertisements that relate to certain
betting services.
Clause 31 prohibits premises being used for the purposes of publishing
betting infomation or betting services.
Clause 32 allows betting information to be published by authorised persons.
Clause 33 prohibits the publication of unauthorised race programs.
Part 5 Miscellaneous
Clause 34 enables the Minister to delegate his or her functions under the
proposed Act.
Clause 35 provides that offences under the proposed Act are to be dealt with
summarily before a Local Court.
Clause 36 relates to evidence of certain matters under the proposed Act.
Clause 37 is a general regulation-making power.
Clause 39 provides for a review of the proposed Act after 5 years.
Schedule 1 contains savings and transitional provisions. including a power to
make regulations of a savings and transitional nature consequent on the
enactment of the proposed Act and the proposed Unlawful Gambling Act
1998. as well as the continuation of existing racecourse licences and betting
authorisations in respect of bookmakers.
Explanatory note page 4