Northern Territory Consolidated Acts

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TOTALISATOR LICENSING AND REGULATION ACT 2000


TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Interpretation  
   4.      Act binds Crown  

   PART 2--ADMINISTRATION OF ACT

   5.      Appointment of Director of Totalisator Licensing and Regulation  
   6.      Functions of Director  
   7.      Operation of totalisator by Director  
   8.      Delegation  
   8A.     Annual report  
   8B.     Approved forms  
   10.     Disclosure of interest  
   12.     Determination of events, sports and activities  

   PART 3--LICENSING

           Division 1--Application and grant of licence

   13.     General principles relating to grant of licence  
   14.     Application for licence  
   15.     Additional information etc.  
   16.     Refusal to consider or withdrawal of application  
   17.     Director may investigate applicant  
   18.     Inquiry by Commissioner of Police  
   19.     Cost of investigations etc.  
   20.     Determination of application and grant or refusal of licence  
   21.     Exclusivity  
   22.     Term and renewal of licence  
   23.     Renewal of licence  
   23A.    Licence not personal property  

           Division 2--Form and terms and conditions of licence etc.

   24.     Form of licence  
   25.     Duration of licence  
   26.     Terms and conditions of licence  

           Division 3--Variation, transfer and surrender of licence

   27.     Variation of licence  
   28.     Variation of agent specified in licence  
   29.     Licence may provide for variation  
   30.     Transfer of licence  
   31.     Surrender of licence  

   PART 3A--TOTALISATORS FOR COUNTRY RACE MEETS

   31A.    Definitions  
   31B.    Country race meet totalisator licence  
   31C.    Conditions on licence  
   31D.    Revenue from totalisator  

   PART 4--RIGHTS AND OBLIGATIONS OF LICENSEES

           Division 1--Calculation and payment of wagering tax

   32.     Definitions  
   33.     Application of Taxation Administration Act 2007  
   34.     Liability to pay wagering tax  
   35.     Payment of tax  
   36.     Monthly returns  
   37.     Finding of guilt for offence relating to payment of wagering tax does not exempt licensee from payment of tax  

           Division 2--Audit

   38.     Auditor  
   39.     Audit of operations of licensee  
   40.     Powers of auditor  
   41.     Cost of audit  

           Division 3--Other

   42.     Operators  
   43.     Agencies  
   44.     Licensee may make agreements for conduct of operations under licensee's licence  
   45.     Records  

   PART 5--RULES

   46.     Power to make rules  
   47.     Rules not required to be numbered  
   48.     Publication of rules etc. applied, adopted or incorporated  
   49.     Compliance with rules  

   PART 6--TOTALISATOR INSPECTORS

           Division 1--Appointment, powers and functions of inspectors

   50.     Appointment  
   51.     Suitability of persons to be appointed inspectors  
   52.     Terms and conditions of appointment  
   53.     Identity cards  
   54.     Inspectors subject to direction of Director  
   55.     Functions of inspectors  
   56.     Powers of inspectors  
   57.     Consent to enter premises  
   58.     Search warrants  
   59.     Inspector to issue receipt for thing seized  
   60.     Person to comply with request of inspector etc.  
   61.     Restriction on employment of persons who were inspectors  

           Division 2--Detention and return of machinery etc. seized

   62.     Delivery of thing seized to Director  
   63.     Detention of thing seized  
   64.     Return of thing seized  
   65.     Return of thing seized pending prosecution  
   66.     Forfeiture of thing seized  
   67.     Disposal of thing  

   PART 7--CONTROL OF CONDUCT OF LICENSEES

           Division 1--Interpretation

   68.     Reference to licensees who are clubs, companies or other body corporates  

           Division 2--Complaints

   69.     Making of complaint  
   70.     Consideration and decision of Director  

           Division 3--Directions

   71.     Director may give directions  

           Division 4--Suspension, variation and cancellation of licence

   72.     Suspension or variation of licence in certain circumstances  
   73.     Cancellation of licence  

           Division 5--Dispute resolution

   75.     Dispute between Director and licensee  
   76.     Arbitration  
   77.     Resolution and arbitration proceedings not admissible  
   78.     Determination is final  

           Division 6--Temporary licences

   79.     Grant of temporary licence  
   80.     Investigation of person who may be granted temporary licence; licensee may be granted temporary licence  
   81.     Term of temporary licence  

   PART 8--REVIEW OF DECISIONS

   82.     Definitions  
   83.     Notice of delegate decision  
   84.     Application for review  
   85.     Effect of application on delegate decision  
   86.     Director to consider application  
   87.     Conducting and deciding review  
   88.     Notice of decision on review  
   89.     Application to NTCAT for review of Director's decision  

   PART 9--OFFENCES, PENALTIES ETC.

           Division 1--Offences

   91.     Unlawful use of totalisator  
   92.     Offences by persons employed by licensee or agent  
   93.     Offences by children  
   94.     Offences by other persons on premises of licensee  
   95.     Licensee not to extend credit etc. for purpose of wagering  
   96.     Advertising in relation to wagering  
   97.     Inducement to cheat  
   98.     False statement etc.  
   99.     Fraudulent use etc. of licence  
   100.    False representation as inspector etc.  
   101.    Non-disclosure of information  

           Division 2--Procedure, evidentiary etc.

   103.    Institution of proceedings  
   104.    Limitation period  
   105.    Prosecution of licensee for actions of employee  
   106.    Criminal liability of executive officer of body corporate or club  
   107.    Self-incrimination  

   PART 10--RESTRICTIONS RELATING TO SHAREHOLDING IN LICENSEES

           Division 1--Preliminary

   108.    Interpretation  
   109.    Exemption from application of Part  

           Division 2--Offence of having or acquiring prohibited shareholding interest

   110.    Person not to have prohibited shareholding interest  

           Division 3--Shareholding restrictions

   111.    Prohibited shareholding interest  
   112.    Power to require information relating to entitlement to shares in licensee  
   113.    Compliance with requirement notice  
   114.    Declarations by Minister  
   115.    Prohibited holder not to exercise etc. voting rights  
   116.    Disposal and forfeiture of shares comprising prohibited shareholding interest  
   117.    Further forfeiture  
   118.    Sale of forfeited shares  
   119.    Content of notices given under this Division  

           Division 4--Review

   120.    Review by Supreme Court  
   121.    Review proceedings may be closed  
   122.    Powers of Supreme Court  
   123.    Operation of Minister's declarations and requirements until review determined  

   PART 11--MISCELLANEOUS

   124.    Limitation of legal liability  
   125.    Giving or lodgement of notice and applications  
   126.    Duplicate licence  
   127.    Regulations  
   128.     Acquisition to be on just terms  

   PART 12--TRANSITIONAL MATTERS FOR LICENSING (DIRECTOR-GENERAL) ACT 2014

           Division 1--Definitions

   129.    Definitions  

           Division 2--Applications

   130.    Application to authority – not yet considered  
   131.    Application to authority – under active consideration  
   132.    Active consideration  

           Division 3--Review of decisions

   133.    New review regime applies to post-commencement decisions  

           Division 4--Complaints

   134.    New complaints regime applies to post-commencement complaints  
   135.    Complaint made before commencement – pending action  
   136.    Complaint made before commencement – complaint being dealt with  

           Division 5--Hearings and appeals

   137.    Right to request hearing arising before commencement  
   138.    Hearing requested before commencement  
   139.    Appeal against decision at hearing – appeal not yet commenced  
   140.    Appeal against decision at hearing – appeal commenced  

           Division 6--General matters

   141.    Continuation of ongoing documents and things  

   PART 13--TRANSITIONAL MATTERS FOR STATUTE LAW AMENDMENT (DIRECTORS' LIABILITY) ACT 2015

   142.    Offences – before and after commencement  

   PART 14--TRANSITIONAL MATTERS FOR LICENSING (DIRECTOR-GENERAL) REPEAL ACT 2020

   143.    Definitions  
   144.    Applications to be decided by Director  
   145.    Director to complete delegate decision reviews  
   146.    Continuation of instruments, appointments, documents etc.  
   147.    Complaints about licensee to be considered and decided by Director  
           ENDNOTES


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