After regulation 122Q of the Principal Regulations, the following Division is inserted in Part IV:

Division XIII - Betting competitions on simulated horse or greyhound races

122QA.     Interpretation

(1)  In this Division –

bet means a bet made by an investor;

bet type means a type of bet specified in regulation 122QD ;

investor means a person who makes a bet with TOTE Tasmania on the result of a racing game race;

racing game means a game –

(a) in which a horse race or greyhound race is simulated by means of computer generated images that are displayed on one or more video monitors; and

(b) in respect of which fixed odds are offered to persons betting on selected horses or greyhounds against those selections winning or being placed second or third in the race; and

(c) in respect of which the chance of a selected horse or greyhound filling a place is governed by the odds offered against that selection;

racing game equipment means the equipment used to simulate a racing game race.

(2)  For the purposes of this Division, an investor is taken to have made a selection in respect of a racing game race even if that selection is made electronically for that person by a machine operated by or on behalf of TOTE Tasmania.

122QB.     TOTE Tasmania may conduct betting competition on racing game

(1)  For the purposes of section 57E(3) of the Act, TOTE Tasmania may conduct a betting competition in respect of a racing game race.

(2)  TOTE Tasmania must conduct its betting competitions on racing game races in accordance with the conditions set out in this Division.

122QC.     Determination and display of pay-out schedule

(1)  TOTE Tasmania must determine its pay-out schedule in respect of the racing game.

(2)  In determining its pay-out schedule for the racing game, TOTE Tasmania must ensure that the schedule is set so as to return to players not less than 75% of the total amounts wagered.

(3)  TOTE Tasmania must display its pay-out schedule at each place where TOTE Tasmania accepts bets in respect of the racing game at all times while it is accepting those bets.

(4)  The pay-out schedule displayed under subregulation (3) must show player dividends in respect of $1.00 bets.

122QD.     Bet types

The following are the types of bet that may be made by an investor in respect of a racing game race:

(a) place, being a bet that a horse or greyhound selected by the investor will fill first, second or third place in the race;

(b) quinella, being a bet that 2 horses or greyhounds selected by the investor will fill first and second place (irrespective of order) in the race;

(c) trifecta, being a bet that 3 horses or greyhounds selected by the investor will fill first, second and third place (in the order specified by the investor) in the race;

(d) win, being a bet that a horse or greyhound selected by the investor will fill first place in the race;

(e) each way, being a combination of the bet types referred to in paragraphs (a) and (d) .

122QE.     Minimum bet

The minimum bet for any bet type in respect of a betting competition on a racing game race is $1.00.

122QF.     Placing bets on racing game race

(1)  TOTE Tasmania may accept bets on a racing game race at any time before the start of that race.

(2)  All bets on a racing game race must be made in person.

(3)  An investor must deposit the amount of his or her bet on a racing game race in cash with TOTE Tasmania.

(4)  An investor must give TOTE Tasmania such information as it requires in order to identify the bet being made on the racing game race.

(5)  Betting on a racing game race is on the basis of "pay and play" and an investor is not entitled to cancel a bet after it has been made.

122QG.     Betting tickets

(1)  TOTE Tasmania must not issue a single ticket for bets in respect of more than 150 racing game races.

(2)  When an investor makes a bet on a racing game race, TOTE Tasmania must immediately issue a ticket containing the following particulars for checking by the investor:

(a) the race to which the bet relates;

(b) the date, time and place the bet is made;

(c) the bet type;

(d) the amount of the bet;

(e) the selection or combination of selections made by the investor;

(f) the amount payable to the investor if the bet is a winning bet.

(3)  The investor is to advise TOTE Tasmania within 2 minutes of being issued with the ticket if, in the investor's opinion, the ticket does not correctly state the particulars of the investor's bet or is otherwise in error.

(4)  Subject to subregulation (5) , TOTE Tasmania may cancel a ticket if it is satisfied that the ticket is in error and, in any such case, TOTE Tasmania must refund the amount of the investment or issue a corrected ticket.

(5)  TOTE Tasmania is not required to take any action in respect of a ticket that is alleged by an investor to be in error if the allegation is made after the commencement of the race to which the ticket relates.

122QH.     Record of bets

(1)  TOTE Tasmania must record particulars of all bets accepted by it on a racing game race, including particulars as to odds offered on those bets on a selection, the bet type and the investment.

(2)  The particulars may be recorded electronically or by such other method as TOTE Tasmania determines.

(3)  TOTE Tasmania is to keep the records of particulars for at least 6 months.

122QI.     Cancellation of racing game race

(1)  TOTE Tasmania may cancel a betting competition in respect of a racing game race at any time for any reason it considers sufficient.

(2)  If TOTE Tasmania cancels a betting competition in respect of a racing game race, it must refund all bets it accepted on the cancelled race as soon as practicable.

122QJ.     Non-acceptance of bets

(1)  TOTE Tasmania may decline to accept all or part of a bet on a racing game race for any reason it considers sufficient.

(2)  TOTE Tasmania is not required to give a reason if it declines to accept all or part of a bet on a racing game race.

122QK.     Results of race

(1)  TOTE Tasmania, by electronic means or otherwise, must display full particulars of the result of a racing game race as soon as practicable after the conclusion of that race at each place where bets were or could have been accepted by it on that race.

(2)  The result so displayed is the official result for that race.

122QL.     Amount payable to investors

(1)  The amount that is payable to an investor on a winning bet is the amount of the bet multiplied by the return shown in the pay-out schedule for a $1.00 bet at the time the bet was placed.

(2)  Where the amount that is payable to an investor on a winning bet is not exactly divisible by 10 when expressed in cents, that amount is to be –

(a) rounded up to the nearest amount exactly divisible by 10, if the number of cents remaining is more than 5; or

(b) rounded down to the nearest amount exactly divisible by 10, if the number of cents remaining is 5 or less.

122QM.     Pay-outs on winning bets

(1)  TOTE Tasmania must pay all winning bets made by investors in respect of a racing game race as soon as practicable after conclusion of that race.

(2)  Despite subregulation (1) , TOTE Tasmania may postpone pay-outs of winning bets on a racing game race if and only if –

(a) there has been a malfunction of the racing game equipment in relation to that race; or

(b) TOTE Tasmania suspects, on reasonable grounds, that there has been unlawful interference with the racing game equipment in relation to that race.

(3)  If TOTE Tasmania has postponed pay-outs under subregulation (2) as a result of a malfunction referred to in that subregulation and, after checking the racing game equipment and carrying out any other checks and inquiries TOTE Tasmania considers necessary or appropriate in the circumstances –

(a) it is determined that the malfunction occurred after the winning numbers were determined, then –

(i) the racing game race is not cancelled; and

(ii) the numbers so determined constitute the draw; and

(iii) TOTE Tasmania must pay all winning bets placed on the race; or

(b) it is determined that the malfunction occurred before the winning numbers were determined, then –

(i) the racing game race is cancelled; and

(ii) TOTE Tasmania must refund all bets placed on the race.

(4)  If TOTE Tasmania has postponed pay-outs under subregulation (2) as a result of a suspicion of unlawful interference referred to in that subregulation and, after checking the racing game equipment and carrying out any other checks and inquiries TOTE Tasmania considers necessary or appropriate in the circumstances –

(a) it is determined that there was no unlawful interference, then –

(i) the racing game race is not cancelled; and

(ii) TOTE Tasmania must pay all winning bets placed on the race; or

(b) it is determined that there was unlawful interference, then –

(i) the racing game race is cancelled; and

(ii) TOTE Tasmania must refund all bets placed on the race.

(5)  TOTE Tasmania may refuse to pay any investor who claims to have made a winning bet in respect of a racing game race if the investor fails to produce a ticket in evidence of the bet.

(6)  TOTE Tasmania may refuse to pay winnings on a bet on a racing game race if the ticket evidencing that bet appears to TOTE Tasmania to have been forged or altered.

(7)  Winnings on a racing game race are to be collected within 6 months after the conclusion of that race, after which time any unclaimed winnings are forfeited to TOTE Tasmania.

(8)  Claims in respect of a lost, destroyed or mutilated ticket are to be made within 14 days after the conclusion of the race to which the ticket relates.

(9)  TOTE Tasmania may charge a fee and require a statutory declaration attesting to the circumstances of a claim under subregulation (8) .

122QN.     Special restrictions on TOTE Tasmania

(1)  TOTE Tasmania must not conduct a betting competition in respect of a racing game race in which –

(a) persons may bet on the race by inserting any gaming token or other device in any machine; or

(b) persons may bet on the race by means of any self-service terminal or any other machine or device operated by an investor.

(2)  TOTE Tasmania must not accept telephone bets on a racing game race.

(3)  TOTE Tasmania must not accept any bet on credit on a racing game race.

(4)  If a video monitor which allows investors to see a racing game race is not available at a place where TOTE Tasmania accepts bets, TOTE Tasmania must not accept a bet in respect of that race at that place.