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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