New South Wales Consolidated Acts

TOTALIZATOR ACT 1997 - SECT 5

5 Definitions

(1) In this Act--

"agent" means a person who under a contract or other arrangement with a licensee conducts a totalizator as the agent of the licensee or exercises as the agent of the licensee any functions in connection with the conduct of a totalizator.

"approved betting activity" means a betting activity that is approved under section 13 (Licensee can be approved to conduct other betting activities) to be conducted by a licensee.

"authorised betting auditorium" has the same meaning as in the Betting and Racing Act 1998 .

"close associate" has the meaning given in section 22.

"conduct" a totalizator includes promote, manage and operate the totalizator.

"contractor" means a person who under a contract or other arrangement with a licensee performs any service in connection with the conduct of a totalizator (whether or not the service is performed for fee, gain or reward) and includes an employee of the licensee and an agent of the licensee.

"controlling bodies" is defined in section 6A.

"exercise" a function includes perform a duty.

"function" includes a power, authority or duty.

"horse race" includes a harness race.

"inspector" means a person appointed under section 92 as an inspector.

"key employee" means a person, or a person belonging to a class of persons, prescribed by the regulations to be a key employee in relation to the conduct of a totalizator, other than a person, or a person belonging to a class of persons, who the Minister identifies, in accordance with the regulations, is not a key employee.

"licence" means a licence in force under this Act.

"licensee" means the holder of a licence.

"major racing bodies" is defined in section 6B.

"nominated company" has the same meaning as in section 37A of the Totalizator Agency Board Privatisation Act 1997 .

"off-course totalizator" means a totalizator that is not an on-course totalizator.

"on-course totalizator" means a totalizator the bets on which can be placed only by persons on a racecourse.

"process" , in relation to a bet, means any one or more of the following--

(a) register the bet,

(b) calculate the dividend or other return (if any) payable on the bet,

(c) carry out an activity for the purpose of calculating the dividend or other return (if any) payable on the bet,

(d) if the bet is a winning bet--pay out on the bet,

(e) generate and maintain records in relation to the bet,

(f) otherwise deal with the bet.

"race meeting" means a meeting for the purpose of horse racing, harness racing or greyhound racing.

"racecourse" means--

(a) land in New South Wales that is licensed as a racecourse under the Betting and Racing Act 1998 , or

(b) land outside New South Wales (including outside Australia) used for race meetings.

"racing club" means a club, association or other body of persons (whether incorporated or unincorporated) that is registered by a controlling body as a racing club.

"related body corporate" , in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth.

"rules" in relation to a totalizator means the rules relating to the conduct of the totalizator in force under Part 4.

"subsidiary" , in relation to a body corporate, means a body corporate that is a subsidiary of the first mentioned body corporate by virtue of Division 6 of Part 1.2 of the Corporations Act 2001 of the Commonwealth.

"TAB" means the Totalizator Agency Board constituted by the Totalizator (Off-course Betting) Act 1964 , and includes the company known as TAB Limited established by the Totalizator Agency Board Privatisation Act 1997 .

"TAB Limited" means the company of that name (ACN 081 765 308).

"totalizator" has the meaning given in section 6.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes in the text of this Act do not form part of this Act.