New South Wales Consolidated Acts
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TOTALIZATOR ACT 1997
- As at 13 January 2023
- Act 45 of 1997
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Objects of Act
4. Application of Act
5. Definitions
6. Meaning of "totalizator"
6A. Controlling bodies
6B. Major racing bodies
PART 2 - CONDUCT OF TOTALIZATORS
Note
7. Conduct of totalizator by licensee not unlawful
8. Contracts or agreements relating to totalizator betting enforceable
9. Unlawful conduct of totalizator
9A. Processing in New South Wales of bets with conductors of betting activities in other jurisdictions
9B. Processing in other jurisdictions of bets with New South Wales licensees
10. Exculpation of certain persons from certain offences
PART 3 - LICENCES TO CONDUCT TOTALIZATORS
Division 1 - General
11. Meaning of "exclusivity period"
12. Licences may be granted to conduct totalizators of various kinds
13. Licensee can be approved to conduct other betting activities
14. TAB entitled to exclusive off-course totalizator licence
15. TAB and racing clubs entitled to exclusive on-course totalizator licences
15AA. Only TAB Limited entitled to exclusive approval for betting activity involving computer simulated racing events
15A. Consideration and fees for licences
16. Eligibility for further licence
17. Requirements for conduct of on-course totalizators by racing clubs
17AA. Extension of exclusivity period by agreement
17A. Competition authorisations
Division 2 - Applications for and grant of licences
18. Application for licence
19. Restriction on maximum shareholding in applicant
20. Licensee not to be associated with casino and other activities
21. Suitability of applicant and close associates of applicant
21A. Commercial arrangements with the racing industry
22. Meaning of "close associate"
23. Investigation of application
24. Minister may require further information etc
25. Cost of investigations to be paid by applicant
26. Updating of applications
27. Grant of licence
28. Term of licence
29. No proprietary right in licence
Division 3 - Maximum shareholding restrictions on licensees
30. Division applies only to companies
30A. References to Corporations Law in this Division
31. Definitions
32. Application of Division
32A. Exemption for nominated company
33. Prohibited shareholding interest
34. Power to require information relating to entitlement to shares in licensee
35. Substantial shareholders to give notice to Minister
36. Disposal, forfeiture etc of shares where prohibited shareholding interest
37. Effect of prohibited shareholding on voting and dividend rights
38. Making, review and revocation of declarations by Minister
39. Appeal against declarations of Minister
40. Sale of forfeited shares
41. Immunity of Minister and licensees, officers and auditors
42. Service
42A. Excluded matters for the purposes of the Corporations Act 2001 of the Commonwealth
Division 4 - Conditions of licences
43. Conditions of licences
43A. Additional conditions of TAB Limited licences
44. Amendment of conditions of licence
Division 5 - Disciplinary and other actions concerning licences
45. General investigations
46. Injunctions to prevent contraventions etc
47. Disciplinary action against licensee
48. Rectification order as alternative to disciplinary action
49. Temporary suspension of licence
50. Completion of totalizator following cancellation, revocation or suspension of licence
51. Surrender of licence
52. Appointment of temporary licensee if licence suspended, cancelled, surrendered or revoked
PART 4 - RULES FOR CONDUCT OF TOTALIZATORS
53. Making of rules
54. Approval and publication of rules
55. Display of rules
56. Rules inconsistent with Act
57. Compliance with rules
58. Transitional provision--TAB to make rules while it holds exclusive licence
PART 5 - SUPERVISION OF CONDUCT OF TOTALIZATORS
Division 1 - Provision of information to Minister
59. Licensees and contractors to inform Minister of changed circumstances
60. Minister may require information relating to licensees and contractors
61. Minister may require person to provide particulars concerning key employees
62. Minister may require key employees to provide information
63. Failure of key employee to provide required information
64. Power to terminate employment of key employee at Minister's direction
65. Destruction of fingerprints and palm prints of former key employees
Division 2 - Directions by Minister
66. Prejudice to integrity of totalizator
67. Minister may direct licensee to terminate certain contractual arrangements
68. Prejudice to integrity of totalizator involving key employee
PART 6 - FINANCIAL PROVISIONS
68A. (Repealed)
69. Commission on totalizator betting
70. Payment of tax reduction amount
70A, 70B. (Repealed)
71. Tax not payable on funds held for participating jurisdictions
72-74. (Repealed)
75. Unclaimed dividends, refunds and roundings
76. Other unclaimed money
77, 78. (Repealed)
PART 7 - OFFENCES AND OTHER PROVISIONS RELATING TO TOTALIZATORS
79. Interpretation
79A. Inducements
80. Prohibitions on totalizator advertisements
80A. Totalizator advertisements during sporting fixtures
80AA. Prohibition on direct marketing
80B. Gambling inducements
81. Credit betting prohibited
82. Bet not to be accepted from minor
83. Person not to bet on a totalizator on behalf of minor
84. Minor not to bet on totalizator
85. Minors not to be detained
86. Offences in respect of bets, tickets etc
87. Offence of unauthorised use of betting accounts
88. Laying totalizator odds or dealing in totalizator tickets an offence
89. Restrictions on transmission of bets
90. Person not to invest on totalizator after finish of race
PART 8 - MINISTER'S INVESTIGATION POWERS
91. Investigations
PART 8A - INVESTIGATION AND ENFORCEMENT POWERS GENERALLY
91A. Definitions
91B. Purposes for which powers under this Part may be exercised
91C. Appointment and identification of inspectors
91D. Powers of inspectors
91E. Application of GALA Act
92-98. (Repealed)
99. (Renumbered)
PART 8B - PROCEEDINGS FOR OFFENCES
100. Proceedings for offences
100A. Penalty notices
101. Time within which proceedings may be commenced
102. Persons who may bring proceedings
103. Offences by corporations
103A. Remedial orders
PART 9 - MISCELLANEOUS
103B. Keeping and retention of records by licensee
104. Act binds Crown
105. Secrecy
106. Appeals
107. No right to compensation for cancellation etc
108. Arrangements for supply of Police records
109. Disclosure of spent convictions
110. Destruction of fingerprints etc
111. Records not kept in writing
112. False or misleading information
113. Forgery etc
114. Forfeiture of offending articles
115. Delegation
116. Service of documents
117. Regulations
117A. Responsible conduct of totalizators, totalizator betting and other betting activities
117B. Minister may direct changes to racing agreement
117C. Compensation for loss of entitlement to revenue
118. Repeals
119. (Repealed)
120. Savings, transitional and other provisions
121. Review of Act
Schedule 1 (Repealed)
SCHEDULE 2
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