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This is a Bill, not an Act. For current law, see the Acts databases.
House of Assembly—No 86
As received from the Legislative Council and read a first
time, 4 May 2004
South Australia
Authorised
Betting Operations (Betting Review) Amendment Bill 2004
A Bill For
An
Act to amend the Authorised Betting Operations Act 2000.
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Authorised
Betting Operations Act 2000
4 Amendment of section 3—Interpretation
5 Amendment of section 4—Approved
contingencies
6 Amendment of section 7—Grant of
licence
7 Amendment of section 9—Authority
conferred by licence
8 Amendment of section 13—Racing
distribution agreement
9 Amendment of section 16—Transfer of
licence
10 Amendment of section 17—Dealings
affecting licensed business
11 Amendment of heading to Part 2
Division 4
12 Amendment of section 20—Approval of
designated persons
13 Amendment of section 28—Licensee to
supply authority with copy of audited accounts
14 Repeal of section 30
15 Amendment of section 34—Classes of
licenses
16 Amendment of section 36—Conditions of
licence
17 Amend ment of section 37—Application
for grant or renewal, or variation of condition, of licence
18 Amendment of section 38—Determination
of applications
19 Insertion of section 38A
38A Suspension of body corporate licence
20 Amendment of section 46—Player return
information
21 Amendment of section 54—Licensed
bookmakers required to hold permits
22 Amendment of section 55—Granting of
permits
23 Amendment of section 57—Conditions of
permits
24 Insertion of section 59
59 Permit authorisation extends to
agent of bookmaker
25 Amendment of section 60—Prevention of
betting with children by bookmaker or agent
26 Amendment of section 62—Rules relating
to bookmakers' operations
27 Insertion of section 79A
79A Licensees may bet with interstate
licensees conducting fixed-odds betting
28 Amendment of section 91—Regulations
29 Repeal of section 92
30 Variation of Schedule 1—Transitional
provisions
Schedule 1—Transitional etc
provisions
The Parliament of South Australia enacts
as follows:
This Act may be cited as the Authorised Betting Operations
(Betting Review) Amendment Act 2004.
(1) Subject
to subsection (2), this Act comes into operation on the day on which it is
assented to by the Governor.
(2) The following provisions will come into
operation on a day to be fixed by proclamation:
(a) section 4(1),
(2), (3) and (4);
(b) section 15(1),
(2), (3) and (5);
(c) section 16;
(d) section 17;
(e) section 18;
(f) section 19;
(g) section 21;
(h) section 24;
(i) section 25;
(j) clause 1
of Schedule 1.
In this Act, a provision under a heading referring to the
amendment of a specified Act amends the Act so specified.
Part 2—Amendment of Authorised Betting Operations Act 2000
4—Amendment of section 3—Interpretation
(1) Section 3(1)—before the definition of approved
contingency insert:
agent's licence—see section 34;
(2) Section
3(1), definition of bookmaker—delete the definition
(3) Section
3(1), definition of clerk's licence—delete the definition
(4) Section 3(1)—after the definition of licensed
racing club insert:
licensing authority means—
(a) in
relation to an on-course totalisator betting licence—the Authority;
(b) in
relation to any other licence under Part 3 Division 1—the Commissioner;
(5) Section
3(1), definition of State-owned company—delete the definition
(6) Section
3(1), definition of TABCO, TABCO(A) and TABCO(B)—delete
the definition
5—Amendment of section 4—Approved contingencies
Section 4—after subsection (2) insert:
(2a) The
Authority may be satisfied as to the adequacy of standards of probity applying
in relation to an event if the Authority has no reason to believe that the
standards are inadequate having regard to the evidence of the past conduct of
such events that is available to the Authority, whether from the licensee
requesting approval of the contingency or from the making of such inquiries as the
Authority thinks fit.
6—Amendment of section 7—Grant of licence
(1) Section
7(3)—delete subsection (3)
(2) Section 7(4)—delete "Any later
grant" and substitute:
The grant
7—Amendment of section 9—Authority conferred by licence
Section 9(d)—delete paragraph (d) and
substitute:
(d) to
conduct other forms of betting on races held by licensed racing clubs or on
approved contingencies,
8—Amendment of section 13—Racing distribution agreement
Section 13(10)—delete subsection (10)
9—Amendment of section 16—Transfer of licence
Section 16(2)—delete subsection (2)
10—Amendment of section 17—Dealings affecting licensed business
Section 17(3)—delete subsection (3)
11—Amendment of heading to Part 2 Division 4
Heading to Part 2 Division 4—delete
"directors and executive officers" and substitute:
designated persons
12—Amendment of section 20—Approval of designated persons
(1) Section 20(1)—delete "director or
executive officer of the licensee" and substitute:
designated person
(2) Section 20(2)—delete "director or
executive officer of the licensee" wherever occurring and substitute in
each case:
designated person
(3) Section 20(3)—delete "executive
officers" and substitute:
designated persons other than directors
(4) Section
20(4)—delete subsection (4)
(5) Section 20—after subsection (5) insert:
(6) In this section—
designated person means—
(a) a
director of the licensee; or
(b) an
executive officer of the licensee; or
(c) a
person, or a person of a class, designated by the Authority for the purpose.
13—Amendment of section 28—Licensee to supply authority with copy of audited accounts
Section 28(2)—delete "Corporations
Law" and substitute:
Corporations Act 2001 of the Commonwealth
Section 30—delete the section
15—Amendment of section 34—Classes of licenses
(1) Section 34(1)—delete "Authority"
first occurring and substitute:
licensing authority
(2) Section 34(1)(c)—delete paragraph (c) and
substitute:
(c) a
licence (an agent's licence) authorising a person to act as the
agent of a licensed bookmaker;
(3) Section 34(2)—delete subsection (2) and
substitute:
(2) A bookmaker's licence must not be granted—
(a) to
a child; or
(b) to
a body corporate unless—
(i) the
body corporate is a proprietary company within the meaning of the Corporations
Act 2001 of the Commonwealth and is taken to be registered in South
Australia for the purposes of that Act; and
(ii) each
of the directors and shareholders of the body corporate holds a bookmaker's
licence.
(2a) An
agent's licence must not be granted to a body corporate or a child.
(4) Section 34—before subsection (3) insert:
(2b) A
betting shop licence must not be granted on or after the commencement of this
subsection.
(5) Section 34(4)—delete "Authority"
and substitute:
Commissioner
16—Amendment of section 36—Conditions of licence
(1) Section 36(1)—delete "Authority"
and substitute:
licensing authority
(2) Section 36(2)—delete "Authority"
and substitute:
licensing authority
(3) Section 36(5)—delete "Authority"
and substitute:
Commissioner
17—Amend ment of section 37—Application for grant or renewal, or variation of condition, of licence
(1) Section 37—delete "Authority"
wherever occurring and substitute in each case:
licensing authority
(2) Section 37(2)—delete "a bookmaker's,
clerk's, betting shop or 24 hour sportsbetting licence," and substitute:
a licence,
18—Amendment of section 38—Determination of applications
Section 38—delete "Authority"
wherever occurring and substitute in each case:
licensing authority
After section 38 insert:
38A—Suspension
of body corporate licence
A bookmaker's licence held by a body corporate is suspended for
any period during which any director or shareholder of the body corporate does
not hold a bookmaker's licence.
20—Amendment of section 46—Player return information
Section 46—after subsection (1) insert:
(1a) The
information may relate to average or minimum player returns across all forms of
betting with the licensee in which the actual amounts payable on winning bets
are not pre-determined.
21—Amendment of section 54—Licensed bookmakers required to hold permits
Section 54—after subsection (1) insert:
(1a) It
is a condition of an agent's licence that, in conducting operations as agent of
a licensed bookmaker, the agent must not accept bets without being authorised
to do so by a permit granted by the Commissioner under this Division to the
licensed bookmaker.
22—Amendment of section 55—Granting of permits
Section 55—after subsection (6) insert:
(7) The
Commissioner may issue guidelines (not inconsistent with this section) setting
out the circumstances in which permits will be issued or refused.
23—Amendment of section 57—Conditions of permits
Section 57—after subsection (1) insert:
(1a) Without
limiting the generality of subsection (1), the conditions may restrict the
period during the day for which the permit authorises the acceptance of bets.
After section 58 insert:
59—Permit
authorisation extends to agent of bookmaker
A permit under this Division authorising a licensed bookmaker to
accept bets also authorises a person holding an agent's licence to accept bets
as the agent of the licensed bookmaker.
25—Amendment of section 60—Prevention of betting with children by bookmaker or agent
Section 60—after subsection (4) insert:
(5) It is a condition of an agent's licence
that, in acting as the agent of a licensed bookmaker, the licensee—
(a) must
not accept or offer to accept a bet from a child; and
(b) must
ensure that the betting operations conform with the systems and procedures of
the licensed bookmaker approved under this section.
26—Amendment of section 62—Rules relating to bookmakers' operations
Section 62(2)—delete subsection (2) and
substitute:
(2) The rules may provide that a matter or
thing in respect of which rules may be made is to be determined according to
the discretion of—
(a) the
Authority; or
(b) the
Commissioner; or
(c) a
race steward; or
(d) a
person of a prescribed class.
Before section 80 insert:
79A—Licensees
may bet with interstate licensees conducting fixed-odds betting
A licence that authorises the licensee to conduct fixed-odds
betting also authorises the licensee to make, in the course of conducting
fixed-odds betting under the licence, bets with persons authorised under the
law of another State or a Territory of Australia to conduct fixed-odds betting.
28—Amendment of section 91—Regulations
Section 91(2)—after paragraph (a) insert:
(ab) declare
that a specified form of betting is or is not fixed-odds betting for the
purposes of this Act;
Section 92—delete the section
30—Variation of Schedule 1—Transitional provisions
Schedule 1, clauses 4, 5 and 6—delete the clauses
Schedule 1—Transitional etc provisions
(1) A
licence (other than an on-course totalisator betting licence) granted by the
Independent Gambling Authority under Part 3 Division 1 of the Authorised
Betting Operations Act 2000 and in force immediately before the
commencement of this clause will, on that commencement, be taken to be a
licence granted by the Liquor and Gambling Commissioner under that Division as
amended by this Act on the same conditions and for the balance of the term
applying to the licence at that commencement.
(2) A
person authorised to act as the clerk of a licensed bookmaker by licence under
Part 3 Division 1 of the Authorised Betting Operations
Act 2000 immediately before the commencement of this clause will, on
that commencement, be taken to have been granted an agent's licence under that
Division as amended by this Act on the same conditions and for the balance of
the term applying to the clerk's licence.
2—Major betting operations licence
Subject to the licensee's approved licensing agreement, the major
betting operations licence will be taken to authorise the licensee to conduct
the forms of betting set out in section 9 of the Authorised Betting
Operations Act 2000 as amended by this Act.
Rules made or purportedly made under section 62 of the Authorised Betting Operations Act 2000 before the commencement of this Act have the same force and effect, in relation to acts, omissions or things occurring after that commencement, as if made under the section as amended by this Act.