New South Wales Consolidated Acts New South Wales Consolidated Acts
(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts--this ActIntergovernmental Agreement Implementation (GST) Act 2000Racing and Totalizator Legislation Amendment Act 2000Betting Tax Act 2001Totalizator Legislation Amendment Act 2003Totalizator Legislation Amendment (Inter-jurisdictional Processing of Bets) Act 2006Totalizator Amendment Act 2008Totalizator Amendment Act 2010Wagering Legislation Amendment Act 2010any Act that amends this Act
(2) Any such provision may, if the regulations so provide, take effect from the date of assent to this Act or a later day.
(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.
In
this Part--
"repealed Act" means the Totalizator Act 1916 or the Totalizator (Off-course
Betting) Act 1964 .
"Totalizator Act" means the Totalizator Act 1916 .
"Totalizator (Off-course Betting) Act" means the Totalizator (Off-course
Betting) Act 1964 .
(1) Any rules in force under a provision of the Totalizator Act immediately before the repeal of the provision continue in force as if they were rules made and in force in accordance with Part 4 of this Act.
(2) Subclause (1) does not affect the future amendment or repeal of the rules.
(1) Any totalizator that was being conducted under a provision of a repealed Act immediately before the repeal of the provision may be completed under this Act.
(2) This Act applies to and in respect of a totalizator referred to in this clause in the same way as it applies to a totalizator conducted under this Act.
(1) An arrangement or agreement in force under a provision of a repealed Act immediately before the repeal of the provision with any State, Territory or country in respect of the investment of funds on a totalizator within New South Wales on behalf of that State, Territory or country is taken, for the balance of the term of the arrangement or agreement, to be an arrangement or agreement made for the purposes of this Act.
(2) Despite the repeal of section 12 of the Totalizator (Off-course Betting) Act, an arrangement or agreement in force under that section immediately before its repeal remains subject to the provisions of subsections (6)-(8) of that section and TAB remains subject to those provisions in respect of the arrangement or agreement.
A person who was an agent of a licensee under a provision of a repealed Act immediately before the repeal of the provision is taken to be an agent of the licensee under this Act in accordance with the terms and conditions applying immediately before that repeal.
A person who was an inspector under a provision of a repealed Act immediately before the repeal of the provision is taken--
(a) to be an inspector under this Act, and
(b) to have satisfied the requirements of this Act as to the standard of integrity required for appointment as an inspector.
Any delegation in force under a provision of a repealed Act immediately before the repeal of the provision is taken to have been given under this Act and continues to have effect as if it had been given under this Act.
Any information acquired by a person in the exercise of functions under a repealed Act is taken to have been acquired by the person in the exercise of functions under this Act.
(1) A provision of a repealed Act continues to apply (as if it had not been repealed) to and in respect of any dividend declared payable, and any amount refundable to an investor, in respect of any event or contingency that happened before the repeal of the provision.
(2) Subclause (1) applies only for 12 months after the commencement of this clause, after which time the relevant provisions of this Act apply to any such dividend or amount.
(1) The Racecourse Development Fund under the Totalizator Act 1916 is continued under this Act and the following provisions apply--(a) the assets and liabilities of the fund under the Totalizator Act 1916 become assets and liabilities of the fund (
"the RDF" ) under this Act, and(b) a reference in any instrument made or entered into before the commencement of this clause to the Racecourse Development Fund under the Totalizator Act 1916 is taken to be a reference to the RDF under this Act.
(2) There is to be a Racecourse Development Committee (
"the Committee" ) consisting of 3 persons appointed by the Minister.
(3) There is to be paid to the credit of the RDF--(a) any amounts repaid, or received as interest, in respect of any loans made from the RDF (including loans made from the fund under the Totalizator Act 1916 ), and(b) any amount required to be paid into the fund under the Totalizator Agency Board Privatisation Act 1997 out of the proceeds of sale of TAB Limited under that Act.
(4) There is to be paid out of the RDF--(a) the costs and expenses incurred by the Committee in carrying out its functions under this Act, and(b) any amounts that are authorised to be paid out of the Fund under subclause (5).
(5) The Minister may, on the recommendation of the Committee, authorise payments out of the Fund for the following purposes--(a) to provide finance for or towards the making of permanent improvements or the provision of totalizator facilities or the construction or the making of permanent improvements to a training track or to any facilities ancillary thereto which are under the management of a racing club or clubs, whether the totalizator or ancillary facilities are on a racecourse or elsewhere,(b) to re-finance wholly or in part, or to discharge in whole or in part, any liability incurred in the making of permanent improvements or the provision of totalizator facilities or in the construction or in the making of permanent improvements to a training track or to any facilities ancillary thereto which are under the management of a racing club or clubs, whether the totalizator or ancillary facilities are on a racecourse or elsewhere,(c) to discharge wholly or in part any liabilities incurred by or on behalf of a racing club in respect of a racecourse which has ceased to be licensed under the Betting and Racing Act 1998 ,(d) to assist horse or greyhound trainers to transfer their training activities to premises at or in the vicinity of a training track,(e) to meet any expenses of the AJC Principal Club, Greyhound Racing New South Wales or Harness Racing New South Wales that are, in the opinion of the Minister, of a capital nature or to re-finance wholly or in part, or to discharge wholly or in part, any liability incurred in meeting any such expenses,(f) such other purposes as may be prescribed by the regulations.
(6) Any payments authorised to be paid under subclause (5) may be made by way of grant or loan and any payment by way of loan may be made subject to such terms and conditions of repayment and at such rate of interest (if any) as are, with the approval of the Minister, agreed upon between the Committee and the person to whom the loan is made.
(7) The Committee may, with the approval of the Minister, enter into agreements or arrangements with any person relating to any matter in respect of which payments may be authorised under subclause (5).
(1) In this clause--
"assets" means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description (including money), and includes securities, choses in action and documents.
"instrument" means an instrument (other than this Act) that creates, modifies or extinguishes rights or liabilities (or would do so if lodged, filed or registered in accordance with any law), and includes any judgment, order or process of a court.
"liabilities" means any liabilities, debts and obligations (whether present or future and whether vested or contingent).
"rights" means all rights, powers, privileges and immunities (whether present or future and whether vested or contingent).
"the RDF" means the fund continued by clause 11 as the RDF under this Act.
(2) On a day appointed by proclamation for the purposes of this clause, the RDF is wound up and the assets, rights and liabilities of the RDF are transferred to such person or persons (as transferee) as the Minister directs by order in writing published in the Gazette.
(3) When assets, rights and liabilities are transferred under this clause, the following provisions apply--(a) the assets transferred vest in the transferee by force of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the rights and liabilities transferred become by force of this clause the rights and liabilities of the transferee,(c) all proceedings pending in relation to the transferred assets, rights and liabilities immediately before the transfer are taken to be proceedings pending by or against the transferee,(d) anything done or omitted to be done in relation to the transferred assets, rights or liabilities is (to the extent that it has any force or effect) taken to have been done or omitted to be done by, to or in respect of the transferee,(e) a reference in any instrument (except an instrument exempted from this paragraph by direction of the Minister) made or entered into before the day appointed for the purposes of this clause to the Racecourse Development Fund under the Totalizator Act 1916 or to the RDF under this Act is taken to be a reference to any fund to which the assets, rights and liabilities were transferred,(f) any instrument executed only for a purpose ancillary to or consequential on the operation of this clause or the purpose of giving effect to this clause is not chargeable with stamp duty and is exempt from payment of any fee or charge that would otherwise be payable under any other Act in respect of the registration of the instrument.
(1) The Racing Assistance Fund under the Totalizator Act 1916 is continued under this Act. Accordingly, money and assets standing to the credit of the fund under the Totalizator Act 1916 become money and assets standing to the credit of that fund under this Act.
(2) The Minister may, from time to time, apply any amount standing to the credit of the Racing Assistance Fund--(a) in the payment of contributions or rebates to or on behalf of racing clubs (in accordance with a formula determined by the Minister) towards the costs of controlling race meetings, and(b) in the payment of contributions to research organisations towards the costs of conducting research into racing animals.
(3) On a day appointed by proclamation for the purposes of this clause, the Racing Assistance Fund is to be wound up and any money or other assets standing to the credit of the fund are to be applied as the Minister directs by order in writing published in the Gazette.
(1) If the due date for the payment of any betting tax is after the commencement of this clause but before the commencement of section 72 (Interest on overdue tax) and the betting tax is not paid by the due date, an additional amount equal to 10% of the amount of betting tax payable becomes immediately due and payable, and on being paid is to be credited to the Consolidated Fund.
(2) The Minister may, if in any particular case the Minister thinks fit to do so, waive the payment of the whole or any part of an additional amount payable under subclause (1) or give time for its payment.
(3) Any amount required to be paid to the Minister under this clause may be recovered in a court of competent jurisdiction as a debt due to the Crown.
Each controlling body has such additional powers, authorities, duties and functions as may be necessary or convenient for enabling it to enter into and perform its obligations under the following arrangements--
(a) commercial arrangements for facilitating the conduct of totalizator betting and other betting activities authorised by this Act and arrangements ancillary to those arrangements,
(b) commercial arrangements referred to in sections 200D(2A) and 207(2A) of the Liquor Act 1982 and section 140(2A) of the Registered Clubs Act 1976 ,
(c) arrangements for the giving of financial assistance and support to the racing industry or individual racing clubs, and arrangements ancillary to those arrangements,
(d) arrangements for the distribution of moneys payable under the arrangements referred to in paragraphs (a) and (b),
(e) arrangements with the State in connection with the restructuring and reorganisation of the racing industry consequent on the enactment of this Act and the Totalizator Agency Board Privatisation Act 1997 .
(1) Each controlling body has power to give the racing clubs for which it is responsible such directions as the controlling body considers to be necessary or desirable for the purpose of enabling it to exercise its rights and perform its obligations under, and otherwise to give effect to, arrangements referred to in clause 14.
(2) A contract under seal is taken to exist between each controlling body and the racing clubs for which it is responsible, under which each racing club agrees to comply with the directions given to the racing club under this clause.
(3) Each controlling body must exercise its powers under this clause to give directions to the racing clubs for which it is responsible so as to ensure that the arrangements referred to in clause 14 are carried into effect.
(1) The Minister may, by direction in writing, grant an exemption under this clause for any instrument that the Minister is satisfied has been executed only for the purpose of or in the course of giving effect to arrangements referred to in clause 14 for facilitating the restructuring and reorganisation of the racing industry consequent on the enactment of this Act and the Totalizator Agency Board Privatisation Act 1997 .
(1A) This clause applies to an arrangement under section 43A, and to any new arrangement under section 43(2) as referred to in section 43A(2), as if the arrangement were an arrangement referred to in clause 14.
(2) An exemption under this clause has the effect that the instrument for which it is granted is not chargeable with stamp duty and is exempt from payment of any fee or charge that would otherwise be payable under any other Act in respect of the registration of the instrument.
(3) An exemption is not to be granted under this clause except with the approval of the Treasurer.
The amendments made to sections 70 and 75 by the Intergovernmental Agreement Implementation (GST) Act 2000 apply to money that is paid into a totalizator in respect of an event or contingency occurring on or after 1 July 2000.
The amendment made to section 71 by Schedule 2[1[#93] to the Racing and Totalizator Legislation Amendment Act 2000 does not apply to any amount invested before the commencement of that amendment.
Any order made under section 71 and in force immediately before the commencement of Schedule 2[1[#93] to the Racing and Totalizator Legislation Amendment Act 2000 is taken to have been made under that section as in force after that commencement and remains in force for the period specified in the order unless sooner revoked.
To the extent that the amendment made by Schedule 1[4[#93] to the Totalizator Amendment Act 2008 removes the 16 per cent cap on commission that a licensee may deduct each financial year from the total amount invested in totalizators conducted by the licensee in that year, the amendment is taken to have commenced on 1 July 2007.
A licence granted under this Act that authorises a licensee to conduct a totalizator or a betting activity (otherwise than by means of a totalizator) in respect of sports betting events under the Betting and Racing Act 1998 is taken to authorise the licensee to conduct a totalizator or other betting activity in respect of declared betting events under that Act.
In this Part,
"amending Act" means the Betting Tax Legislation Amendment Act 2015 .
(1) Clause 1(3) of Part 1 of this Schedule does not limit the operation of regulations made under that Part containing provisions of a savings or transitional nature consequent on the enactment of the amending Act.
(2) Any provision of regulations made under Part 1 of this Schedule consequent on the enactment of the amending Act has effect, if the regulations so provide, despite any other provision of this Part.
The requirement of section 70(1) (as inserted by the amending Act) for an amount to be paid within 7 days after the end of a quarter, to the extent that the requirement applies in respect of the quarter ending on 30 September 2015, is to be read as a requirement for that amount to be so paid before 7 January 2016.
In this Part--
"amending Act" means the Liquor and Gaming Legislation Amendment Act 2018 .
A person who, immediately before the repeal of section 92 by the amending Act, was an inspector for the purposes of this Act is taken, on that repeal, to have been appointed as an inspector under section 91C as inserted by the amending Act.
Section 95, as in force immediately before its repeal by the amending Act, continues to apply to a search warrant issued under that section before its repeal.
In this Part--
"amending Act" means the Racing Legislation Amendment Act 2019 .
(1) On the commencement of Schedule 5[1[#93] to the amending Act, the Tax Reduction Trust Fund is wound up.
(2) All money standing to the credit of the Tax Reduction Trust Fund immediately before the Fund is wound up is to be paid to Greyhound Racing New South Wales.
Section 80AA, as inserted by the Gambling Legislation Amendment (Online and Other Betting) Act 2019 , extends to betting accounts held by persons with a licensee or other person immediately before the commencement of the section.