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BETTING AND RACING ACT 1998 - SCHEDULE 1

SCHEDULE 1 – Savings and transitional provisions

(Section 38)

Part 1 - Preliminary

1 Savings and transitional regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as--
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of Unlawful Gambling Act 1998 and this Act

2 Definitions

In this Part--

"new Act" means the Unlawful Gambling Act 1998 .

"repealed Act" means the Gaming and Betting Act 1912 .

3 Continuation of existing racecourse licences

A racecourse licence issued under Part 4 of the repealed Act in respect of a racecourse, and in force immediately before the repeal of that Act by the new Act, is taken to be a racecourse licence under this Act, and any body holding any such existing licence is taken to be authorised to hold the racecourse licence under this Act.

4 Continuation of certain betting authorisations

(1) An authorisation under section 6C of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be an authorisation under section 16 of this Act but only to the extent that it authorises the licensed bookmaker concerned to accept or make bets by telephone.
(2) An order made under section 6C(6) of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be an order made under section 16(6) of this Act.
(3) An order made under section 57EA of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be an order made under section 18 of this Act.
(4) A sports betting authority given under section 57EB of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be a sports betting authority given under section 19 of this Act.
(5) An authorisation under section 57EG of the repealed Act, and in force immediately before the repeal of that section by the new Act, is taken to be an authorisation under section 24 of this Act.

Part 3 - Provisions consequent on enactment of Betting Tax Act 2001

5 Licences, certificates of registration and permits

A licence, certificate of registration or permit authorising a person to carry on business as a bookmaker at a racecourse under a provision repealed by the Betting Tax Act 2001 is taken to be a licence, certificate of registration or permit issued under section 26A(3) of this Act.

6 Authorities

An authority in force under section 27 of the Bookmakers (Taxation) Act 1917 immediately before its repeal by the Betting Tax Act 2001 is taken to be an authority issued under section 26B of this Act.

7 Continuity of office of Committee member

The repeal and re-enactment of section 35 of the Bookmakers (Taxation) Act 1917 by the Betting Tax Act 2001 does not affect the office of a person appointed under that section as a representative of country racing associations.

Part 4 - Provisions consequent on enactment of State Revenue Legislation Amendment (Budget) Act 2002

8 State bookmakers tax authority

A State bookmakers tax authority in force immediately before the commencement of Schedule 5[1[#93] to the State Revenue Legislation Amendment (Budget) Act 2002 is taken to be a State bookmakers authority issued under section 26D.

Part 5 - Provisions consequent on enactment of Racing Legislation Amendment Act 2006

9 Definition

In this Part--

"amending Act" means the Racing Legislation Amendment Act 2006 .

10 Previous offences under section 33 may be taken into account in determining penalties

(1) Section 33 (as substituted by the amending Act) applies to acts or omissions that occur on or after the day on which the provision of the amending Act that substitutes the section commences.
(2) However, an offence against section 33 (as in force at any time before its substitution by the amending Act) may be taken into account in deciding whether an offence against section 33 (as substituted by the amending Act) is a second or subsequent offence against the substituted section for the purposes of determining the penalty for the offence.

Part 6 - Provisions consequent on enactment of Racing Administration Amendment Act 2008

11 Definition

In this Part--

"amending Act" means the Racing Administration Amendment Act 2008 .

12 Race field publication approvals deemed to be race field information use approvals

(1) A race field publication approval in force immediately before the commencement of the amending Act is taken, with all necessary modifications but subject to the regulations, to be a race field information use approval.
(2) Without limiting subclause (1), such a race field publication approval that authorises a person to publish a NSW race field in respect of a specified race or class of races is taken to authorise the person to use NSW race field information in respect of that race or class of races.

Part 7 - Provisions consequent on enactment of Racing Legislation Amendment Act 2009

13 Existing approvals under section 15

An approval given for the purposes of section 15(1) by the Greyhound and Harness Racing Regulatory Authority constituted under the Greyhound and Harness Racing Administration Act 2004 before its dissolution is taken to have been given by Harness Racing New South Wales under that subsection.

Part 8 - Provisions consequent on enactment of Wagering Legislation Amendment Act 2010

14 Definition

In this Part--

"2010 amending Act" means the Wagering Legislation Amendment Act 2010 .

15 Existing sports betting events

A declaration of an event as a sports betting event that is in force under section 18 immediately before the replacement of that section by the 2010 amending Act is taken, after the replacement of that section, to be a declaration of the event as a declared betting event.

16 Existing sports betting authorities

(1) A sports betting authority in force under section 19 immediately before the amendment of that section by the 2010 amending Act is taken, after the amendment of that section, to have been issued as a betting authority.
(2) The authorisation of a licensed bookmaker to take bets on sports betting events is taken, after that amendment, to be an authorisation to take bets on declared betting events.

17 Dissolution of the Bookmakers Revision Committee

The Bookmakers Revision Committee is dissolved.

Part 9 - Provisions consequent on enactment of Racing Administration Amendment (Sports Betting National Operational Model) Act 2014

18 Definition

In this Part--

"amending Act" means the Racing Administration Amendment (Sports Betting National Operational Model) Act 2014 .

19 Declared betting events

(1) This clause applies to a declared betting event that is in force under section 18 immediately before the substitution of that section by the amending Act (the
"relevant day" ).
(2) A declared betting event to which this clause applies continues in force and is taken to have been prescribed as a declared betting event by an order under section 18(1) as substituted.
(3) A type of bet that was approved in relation to a declared betting event to which this clause applies and that was in force under section 20(1)(b) immediately before the relevant day, is taken to be a type of bet prescribed by order as a bet that is permitted to be made on the declared betting event under section 18(2) as substituted.
(4) The Minister may amend or repeal an order that is taken to have been made under this clause in the same way that the Minister can amend or repeal an order under section 18.

20 Rules for declared betting events

A rule in respect of a declared betting event that was in force under section 23 immediately before that section was renumbered by the amending Act continues in force after that renumbering as a rule under section 18D in respect of the declared betting event.

21 Declared betting event authority

An authorisation under section 19 that was held by a bookmaker immediately before the substitution of that section by the amending Act is taken to be a declared betting event authority held by the bookmaker under section 19 as substituted and is subject to any condition or restriction to which it was subject immediately before that substitution to the extent that any such condition does not conflict with the conditions referred to in section 20(1) as substituted.

Part 10 - Provisions consequent on enactment of Liquor and Gaming Legislation Amendment Act 2018

22 Definition

In this Part--

"amending Act" means the Liquor and Gaming Legislation Amendment Act 2018 .

23 Inspectors

A person who, immediately before the amendment of section 11, 21 or 26I by the amending Act, was an authorised officer or inspector within the meaning of that section is taken, on the commencement of the amendment, to have been appointed as an inspector under section 33M as inserted by the amending Act.

Part 11 - Provisions consequent on enactment of Gambling Legislation Amendment (Online and Other Betting) Act 2019

24 Application of amendments relating to betting accounts

(1) Sections 33HA and 33JA, as inserted by the Gambling Legislation Amendment (Online and Other Betting) Act 2019 , extend to betting account holders who held an account with a licensed betting service provider immediately before the commencement of the section concerned.
(2) Sections 33JB and 33JC, as inserted by the Gambling Legislation Amendment (Online and Other Betting) Act 2019 , extend to betting accounts held by persons with a licensed betting service provider immediately before the commencement of the section concerned.

Part 12 - Provisions consequent on enactment of Racing and Gambling Legislation Amendment Act 2022

25 Provision of initial responsible gambling training

(1) This clause applies to a person who is a relevant individual for a licensed betting service provider on the commencement of section 33JI.
(2) Despite section 33JI(2)(a), the licensed betting service provider must ensure the person receives initial training within 6 months after the commencement of section 33JI.
(3) Section 33JI(3), does not apply to the person until the earlier of--
(a) 6 months after the commencement of section 33JI, or
(b) the person no longer being a relevant individual for the betting service provider.



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