New South Wales Consolidated Acts

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BETTING AND RACING ACT 1998


- As at 13 January 2023 
- Act 114 of 1998 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions

   PART 2 - RACECOURSES

           Division 1 - Licensing of racecourses

   5.      Requirement for racecourses to be licensed
   6.      Application for racecourse licence
   7.      Issue and classes of racecourse licence
   8.      Conditions of racecourse licence
   9.      Duration and cancellation of racecourse licence
   10.     Limitation on number of licences approved bodies can hold
   11.     Provisions relating to inspection of records

           Division 2 - Other provisions relating to racecourses

   12.     Days on which race meetings are prohibited
   13.     Certain persons prohibited from entering racecourses
   14.     Punters' clubs
   15.     Harness racing on showgrounds

           Division 3 - Exclusion of persons from racecourses

   15A.    Definitions
   15B.    Commissioner of Police may exclude person from racecourses
   15C.    Entering racecourse in breach of an exclusion order
   15D.    Right to seek administrative review from Civil and Administrative Tribunal

   PART 3 - AUTHORISATION OF CERTAIN BETTING ACTIVITIES

           Division 1 - Authorised telephone or electronic betting

   16.     Authority to conduct telephone or electronic betting
   16A.    Approved premises for conduct of telephone or electronic betting
   17.     Offence of conducting unauthorised telephone or electronic betting

           Division 2 - Declared betting events

   17A.    Definitions
   17B.    Sports controlling body
   18.     Prescription of events as declared betting events
   18A.    Prescription of sporting events with sports controlling body
   18B.    Prescription of sporting events without sports controlling body
   18C.    Certain sports betting services prohibited
   18D.    Rules for declared betting events

           Division 2A - Declared betting event authorities

   19.     Declared betting event authority
   20.     Conditions of declared betting event authority
   21.     Conditions relating to records
   22.     Duration and cancellation of declared betting event authority
   23.     (Renumbered)

           Division 3 - Authorised betting auditoriums

   24.     Authorisation of betting auditoriums
   25.     Conditions of authorisation
   26.     Duration and cancellation of authorisation

   PART 3A - RETURNS AND RECORDS

           26A-26F. (Repealed)
   26G.    Returns by racing controlling bodies
   26GA.   Returns by racing clubs
   26GB.   Returns by bookmakers
   26GC.   Bookmakers to keep records
   26GD.   Accuracy of bookmakers records
   26H.    Minister may furnish information
   26I.    Inspection of records

   PART 4 - BETTING INFORMATION AND ADVERTISING

           Division 1 - Interpretation

   27.     Definitions
   28.     (Repealed)

           Division 2 - General offences

   29.     Publication of betting information
   30.     Advertising betting information and betting services
   31.     Premises used for publishing betting information or betting services
   32.     (Repealed)

           Division 3 - Use of NSW race field information

   32A.    Meaning of "use NSW race field information"
   33.     Use of NSW race field information restricted
   33A.    Relevant racing control body may grant race field information use approvals
   33B.    Applications for race field information use approvals
   33C.    Authorisations for section 51 of the Competition and Consumer Act 2010 of the Commonwealth
   33D.    Appeals to Minister
   33E.    Administrative review by Civil and Administrative Tribunal of Minister's decision on appeal
   33F.    Effect of race field information use approval limited

   PART 4A - RESPONSIBLE GAMBLING

           Division 1 - Preliminary

   33G.    Interpretation
   33GA.   Inducements

           Division 2 - Advertising and inducements

   33H.    Prohibitions on gambling-related advertisements
   33HA.   Prohibition on direct marketing
   33I.    Gambling-related advertisements during sporting fixtures
   33J.    Gambling inducements
   33JA.   Prohibited inducements

           Division 3 - Betting accounts

   33JB.   Deposit limits for betting accounts
   33JC.   Closing betting accounts
   33JD.   Privacy of betting accounts
   33JE.   Records about betting account
   33JF.   Betting account activity statements
   33JG.   Offence

           Division 4 - Responsible gambling training

   33JH.   Definition
   33JI.   Provision of training
   33JJ.   Records about training
   33JK.   Offence

   PART 4B - INVESTIGATION AND ENFORCEMENT POWERS

   33K.    Definitions
   33L.    Purposes for which powers under this Part may be exercised
   33M.    Appointment and identification of inspectors
   33N.    Powers of inspectors
   33O.    Application of GALA Act

   PART 5 - MISCELLANEOUS

   34.     Delegation
   35.     Proceedings for offences
   35AA.   Penalty notices
   35A.    Remedial orders
   36.     Evidence
   36A.    Disclosure of information
   36AA.   Liability of directors etc for offences by corporation--offences attracting executive liability
   36B.    Liability of directors etc for offences by corporation--accessory to the commission of the offences
   36BA.   Evidence as to state of mind of corporation
   36C.    Giving of notices and other documents
   37.     Regulations
   38.     Savings and transitional provisions
   39.     Review of Act
   40.     Certificate evidence
           SCHEDULE 1


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