Victorian Bills Explanatory Memoranda

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RACING LEGISLATION AMENDMENT BILL 2012

    Racing Legislation Amendment Bill
                   2012

                        Introduction Print


              EXPLANATORY MEMORANDUM


                              Clause Notes
Clause 1   sets out the main purposes of the Bill. The main purposes of the
           Bill are to amend the Racing Act 1958 to--
                    provide for bookmakers to accept telephone and
                    electronic bets at approved off-course premises;
                    provide for the removal of the 1% turnover cap that
                    applies to the bookmaker's licence levy;
                    provide for the specification of further bodies in respect
                    of which the Racing Integrity Commissioner may
                    disclose integrity related information;
                    make other miscellaneous amendments to that Act.

Clause 2   provides for the commencement of the Act. Subclause (1)
           provides that the Act comes into operation on a day or days to be
           proclaimed. Subclause (2) provides that if a provision of the Act
           does not come into operation before 31 March 2013, it comes
           into operation on that day.

Clause 3   provides that in the Bill, the Racing Act 1958 is called the
           Principal Act.

Clause 4   inserts definitions of an approved off-course premises, club
           bookmaker's licence and gambling and liquor inspector in
           section 3(1) of the Racing Act 1958.




571124                               1                               19/6/2012

 


 

Clause 5 amends section 4(1) of the Racing Act 1958 to provide that an approved off-course premises is not a common gaming house or place for the purposes of the Gambling Regulation Act 2003. Subclause 2 amends section 4(3) of the Racing Act 1958 to provide that in addition to making a bet with a registered bookmaker or approved substitute on the racecourse, a bet can now be made with a registered bookmaker, or with an approved substitute who is present on approved off-course premises at the time the bet is made. Subclause 3 amends section 4(4)(a) of the Racing Act 1958 to qualify that during a race meeting a person present on the racecourse must bet with a registered bookmaker or approved substitute present on the racecourse. The subclause also amends section 4(4)(b) of the Racing Act 1958 to allow a bet to be made at any time by a person using a method of remote communication approved by the Minister under section 4A. Clause 6 amends section 4A(1) of the Racing Act 1958 to remove the reference to the racecourse "on which the bookmaker is carrying on business" as the amendments being made by clause 7 of the Bill make provision for bookmakers to carry on business at off-course premises with the requisite approval. Clause 7 inserts new sections 4B to 4I after section 4A of the Racing Act 1958. New section 4B sets out the process by which a registered bookmaker issued with a club bookmaker's licence may apply to the controlling body that issued the licence, for approval to make or accept bets at premises other than a racecourse, using a method of communication approved by the Minister under section 4A. New section 4C provides that a controlling body that receives an application under section 4B may approve or refuse an application. New section 4C also specifies things that a controlling body must have regard to in deciding whether to approve a premises as an approved off-course premises. A controlling body may make the approval subject to conditions which are in addition to the conditions specified in new subsection (5). The conditions specified in new subsection (5) are that an approved off-course premises must not be open to the public and that a bookmaker granted an approval under new 2

 


 

section 4C must continue to comply with any requirements prescribed by the Minister under new section 4E. The new section also provides that a controlling body must notify the applicant and the Victorian Commission for Gambling and Liquor Regulation (the Commission) of its decision and that a registered bookmaker may appeal a decision by a controlling body to refuse an approval to the appropriate Racing Appeals and Disciplinary Board. New section 4D sets out the procedure for the cancellation, suspension or variation of the conditions of an approval by a controlling body. A registered bookmaker may appeal any decision of a controlling body under this section to the appropriate Racing Appeals and Disciplinary Board. New section 4E provides that the Minister may prescribe or vary requirements that a registered bookmaker must comply with before a controlling body can grant the registered bookmaker approval to make or accept bets at premises other than a racecourse, using a method of communication the Minister has approved under section 4A. New section 4F requires the Commission, if it finds or is advised that the registered bookmaker failed to comply with a condition of approval, or suspends or cancels the registration of the bookmaker, to notify the controlling body that gave an approval under section 4C in writing of any finding, advice, suspension, or cancellation as soon as practicable. The intention is to provide the Commission with the power to notify the controlling body that there is cause to consider a variation to, or suspension or cancellation of an approval granted under section 4C. New section 4G provides that a registered bookmaker who holds an approval for approved off-course premises granted under section 4C must not carry on the business of bookmaking at those premises unless it is in accordance with the conditions of that approval specified by the controlling body including any requirements prescribed by the Minister under section 4E. The penalty for carrying on the business of bookmaking at an approved off-course premises not in accordance with the conditions of the approval is--for a first offence, 15 penalty units or imprisonment for 3 months or both; for a second offence 25 penalty units or imprisonment for 6 months or both; for a third or subsequent offence imprisonment for 12 months. 3

 


 

New section 4H sets out the offences and penalties that apply to a bookmaker or an approved substitute that makes or takes a bet from a person who is present at an approved off-course premises. New subsections (1) and (3) provide that a bookmaker who holds an approval for off-course premises or an approved substitute for a bookmaker who holds an approval for off-course premises who makes or takes a bet or bets to the value of less than $500 from a person who is present at the premises is guilty of an offence and liable to a penalty--for a first relevant offence of 60 penalty units, for a second relevant offence 250 penalty units or imprisonment for 6 months, for a third or subsequent offence 1000 penalty units or imprisonment for 2 years or both. New subsections (2) and (4) provide that a bookmaker who holds an approval for off-course premises or an approved substitute for a bookmaker who holds an approval for off-course premises who makes or takes a bet or bets to the value of $500 or more from a person who is present at the premises is guilty of an offence and liable to a penalty--for a first relevant offence of 100 penalty units or imprisonment for 3 months or both, for a second relevant offence 250 penalty units or imprisonment for 6 months or both, for a third or subsequent offence 1000 penalty units or imprisonment for 2 years or both. New subsection (5) provides that a person other than a person to whom subsections (1), (2), (3) or (4) applies who makes or takes a bet or bets to the value of less than $500 while present at the approved off-course premises is guilty of an offence and liable to a penalty--for a first relevant offence of 60 penalty units, for a second relevant offence 250 penalty units or imprisonment for 6 months or both, for a third or subsequent offence 1000 penalty units or imprisonment for 2 years or both. New subsection (6) provides that a person other than a person to whom subsections (1), (2), (3) or (4) applies who makes or takes a bet or bets to the value of $500 or more while present at the approved off-course premises is guilty of an offence and liable to a penalty--for a first relevant offence of 100 penalty units or imprisonment for 3 months or both, for a second relevant offence 250 penalty units or imprisonment for 6 months or both, for a third or subsequent offence 1000 penalty units or imprisonment for 2 years or both. 4

 


 

The new section 4H also defines a relevant offence. In this section a relevant offence means an offence against subsection (1), (2), (3), (4), (5) or (6) or an offence against a law of another State or Territory that would, if committed in Victoria, be an offence against subsection (1), (2), (3), (4), (5) or (6). New section 4I prohibits a registered bookmaker, or a person on behalf of a registered bookmaker from publishing or causing to be published any prohibited advertising in relation to approved off-course premises, and the penalty for doing so. The penalty is 20 penalty units. New section 4I(3) defines prohibited advertising. Prohibited advertising means any form of advertising that contains any information, term, expression, symbol or other thing that draws attention to, or can reasonably be taken to draw attention to, the approved off-course premises or the presence of bookmakers or approved substitutes in those premises, or uses a term or expression frequently associated with bookmakers or betting and associates those terms with the approved off-course premises. Clause 8 inserts new subsections (ia) to (id) into section 37E of the Racing Act 1958 which provides for the Racing Integrity Commissioner to disclose integrity related information to the Australian Crime Commission, the Australian Securities and Investments Commission, the Commonwealth Services Delivery Agency (Centrelink) and the Ombudsman. Clause 9 amends section 37F(1) and (2) of the Racing Act 1958 to amend the date by which the Racing Integrity Commission is required to submit an Annual Report to the Minister on the performance of his or her functions and to increase the amount of time available for the Minister to lay this report before each house of Parliament to 14 sitting days. Clause 10 amends section 50K(3) of the Racing Act 1958 to provide that in the event a decision is made to impose a fine of not more than $250, an affected person has until 5.00pm on the third day after the day the person received notice of the decision to write to the Racing Integrity Commissioner to request that the Commissioner direct the Harness Racing Victoria Racing Appeals and Disciplinary Board to hear an appeal. 5

 


 

Clause 11 inserts a new section 50KA into the Racing Act 1958 which provides for appeals in respect of approvals for off-course premises. The new section 50KA provides that a registered bookmaker may appeal to the HRV Racing Appeals and Disciplinary Board against a decision made by HRV to refuse to give an approval under new section 4C or to cancel or suspend an approval under new section 4D and sets out the process for lodging an appeal. Clause 12 amends section 50L of the Racing Act 1958 to provide for the HRV Racing Appeals and Disciplinary Board to grant leave to a person to appeal out of time in relation to a section 50KA appeal. Clause 13 amends section 83K(3) of the Racing Act 1958 to provide that in the event a decision is made to impose a fine of not more than $250, an affected person has until 5.00pm on the third day after the day the person received notice of the decision to write to the Racing Integrity Commissioner to request that the Commissioner direct the Greyhound Racing Victoria Racing Appeals and Disciplinary Board to hear an appeal. Clause 14 inserts a new section 83KA into the Racing Act 1958 which provides for appeals in respect of approvals for off-course premises. New section 83KA provides that a registered bookmaker may appeal to the GRV Racing Appeals and Disciplinary Board against a decision made by GRV to refuse to give an approval under new section 4C or to cancel or suspend an approval under new section 4D and sets out the process for lodging an appeal. Clause 15 amends section 83L to provide for the GRV Racing Appeals and Disciplinary Board to grant leave to a person to appeal out of time in relation to a section 83KA appeal. Clause 16 amends section 83OA as the current subsection (3) mistakenly refers to the HRV Racing Appeals and Disciplinary Board, instead of the GRV Racing Appeals and Disciplinary Board. This clause amends section 83OA(3) of the Racing Act 1958 to substitute "GRV" for "HRV". 6

 


 

Clause 17 inserts a new Part IIID in the Racing Act 1958 which provides for the functions and powers of gambling and liquor inspectors. New section 83T sets out the functions of gambling and liquor inspectors in relation to bookmaker's approved off-course premises. The section provides gambling and liquor inspectors with the power to inspect approved off-course premises, monitor operations and management activities at those premises, and examine machinery and equipment used and records kept at the premises. New section 83U provides for gambling and liquor inspectors to enter and remain on any approved off-course premises. New section 83U(2) provides that the power of entry may be exercised with the written consent of the occupier of the approved off-course premises at any time. New section 83U(4) sets out the requirement for a gambling and liquor inspector to give the occupier of the approved off-course premises a copy of the written consent immediately. New section 83U(5) provides that if, in any proceeding, a written consent is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to entry. New section 83V sets out the powers of gambling and liquor inspectors. Gambling and liquor inspectors may require any person in possession of, or control of, any machinery, equipment or records relating to an activity regulated by sections 4B to 4I and section 92 of the Racing Act 1958 to produce machinery, equipment or records for inspection and answer questions or provide information relating to that machinery, equipment or records. New section 83V(1)(c) provides the power for a gambling and liquor inspector to seize any machinery, equipment or records if they consider it necessary to do so for the purposes of obtaining evidence of the commission of an offence. New section 83V(2) provides that any machinery, equipment or records seized may be retained until the completion of any proceedings unless a court orders otherwise under new subsection (3). 7

 


 

New section 83W provides gambling and liquor inspectors with the power to require a person on an approved off-course premises to state their full name and address if the inspector has reasonable grounds to suspect that the person has committed an offence, and the inspector has informed the person at the time of stating the requirement that it is an offence to fail to comply with the requirement. Clause 18 amends the definition of Club bookmaker's licence in section 84 of the Racing Act 1958. A club bookmaker's licence is an unexpired licence or permit whereby a bookmaker is licensed or permitted to carry on the business or vocation of bookmaking on a race-course or sports ground as specified in the licence or permit. The amended definition broadens the scope of the licence or permit to enable a bookmaker to carry on the business or vocation of bookmaking at an approved off-course premises. Clause 19 amends sections 91(1) of the Racing Act 1958 to provide for bookmakers to carry on the business of bookmaking at approved off-course premises provided that they are a registered bookmaker or an approved substitute and the registered bookmaker who holds a club bookmaker's licence issued to the bookmaker for that approved off-course premises. The clause also amends section 91(4) to provide that a person carrying on the business of bookmaking at an approved off-course premises must not employ a bookmaker's key employee unless the person is a registered bookmaker's key employee. The penalty for failing to comply with this provision is 20 penalty units. Clause 20 repeals section 91B(3) of the Racing Act 1958. This subsection provides that a levy imposed on a bookmaker in respect of a period by rules made under the section cannot exceed 1% of the bookmaker's betting turnover for that period. Clause 21 amends sections 92(1) and 92(2) of the Racing Act 1958 so that a bookmaker or his key employee carrying on the business of bookmaking on a race-course, any part of a racecourse, an approved off-course premises, or on a sports ground as specified in the licence must produce his bookmaker or bookmaker's key employee registration, club racing licence or approval to carry on bookmaking at an approved off-course premises when requested by an authorised person. 8

 


 

Clause 22 provides for the automatic repeal of this amending Bill on 31 March 2014. The repeal of this Bill does not affect in any way the operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 9

 


 

 


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