Racing and Gambling Legislation Amendment Act 2008

Racing and Gambling Legislation Amendment Act 2008

No. 73 of 2008

table of provisions

Section Page

Part 1—Preliminary 1

1 Purpose 1

2 Commencement 2

Part 2—Racing Act 1958 3

3 Definitions in Part I 3

4 Division 2 of Part I 3

5 New section 4 substituted and section 4A inserted 3

4 Betting with registered bookmaker 3

4A Methods of remote betting 5

6 Definition of harness racing industry participant 5

7 Definition of greyhound racing industry participant 5

8 Definition of penalty 5

9 Definition of bookmaking licence 6

10 Amendment of Part IV 6

Part iv—REGISTERED BOOKMAKERS AND CONTROLLING BODIES". 6

11 New section 91 substituted 7

12 Controlling bodies may make rules 8

13 New section 91AB inserted 8

91AB Approved substitutes 8

14 Provision of information regarding betting records 9

15 New section 92 substituted 10

92 Production of documents by bookmakers and bookmaker's key employees 10

16 Repeal of sections 93 and 94 11

17 Guarantee of bookmakers against defaults in payment of wagers 11

Part 3—Gambling Regulation Act 2003 16

18 Definitions 16

19 Non-application of section 2.4.1 17

20 What are betting houses and places of betting? 17

21 Exceptions to restrictions on publishing betting information 18

22 Restrictions on publication and use of race fields 18

23 New Part 5A of Chapter 4 inserted 18

Part 5a—bookmaker and bookmaking related registrations 18

4.5A.1 Definitions 18

4.5A.2 Application for registration as bookmaker 19

4.5A.3 Application for registration as bookmaker's key employee 19

4.5A.4 Determination of application for registration as bookmaker 20

4.5A.5 Determination of application for registration as bookmaker's key employee 21

4.5A.6 Certificate of registration and identity card 22

4.5A.7 Duration of registration as bookmaker or bookmaker's key employee 23

4.5A.8 Nominee of corporation 23

4.5A.9 Application of registered bookmakers to be in partnerships 25

4.5A.10 Approval of registered bookmakers to be in partnerships 25

4.5A.11 Conditions of registration 27

4.5A.12 Amendment of conditions 27

4.5A.13 Registration renewal 28

4.5A.14 Disciplinary action against registered bookmaker or bookmaker's key employee 29

4.5A.15 Review by VCAT of registrations as a bookmaker
or bookmaker's key employee 32

4.5A.16 Time limit for applying for review 33

4.5A.17 Change in situation of person or associate 33

24 Offences relating to totalisators and approved betting competitions 34

25 Meaning of interactive game 34

26 Functions of Commission 34

27 Amendment to Part 1 of Chapter 10 34

28 Amendments to Part 4 of Chapter 10 34

29 Consequential amendments to Part 7 of Chapter 10 36

30 New Part 20 inserted 36

Part 20—racing and gambling legislation amendment act 2008 36

20.1 Definition 36

20.2 Registration of bookmakers 36

20.3 Approval of bookmakers to be in partnerships 37

20.4 Approval of companies to act as bookmakers 37

20.5 Registration of bookmaker's clerks 38

20.6 Applications made but not determined 38

20.7 Disciplinary action by the Commission 39

20.8 Guarantee of bookmakers against defaults in payment
of wagers 39

Part 4—Instruments Act 1958 41

31 Certain instruments deemed to have been given for an illegal consideration 41

Part 5—Repeal of amending Act 42

32 Repeal of Act 42

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EndnoteS 43

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Section Page

Victoria

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Section Page

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Section Page

Racing and Gambling Legislation Amendment Act 2008[(]

No. 73 of 2008

[Assented to 25 November 2008]

iii

Racing and Gambling Legislation Amendment Act 2008
No. 73 of 2008

The Parliament of Victoria enacts:

Part 1—Preliminary

Racing and Gambling Legislation Amendment Act 2008
No. 73 of 2008

Part 1—Preliminary

1 Purpose

The purpose of this Act is to amend the Racing Act 1958, the Gambling Regulation Act 2003 and the Instruments Act 1958—

(a) to allow bookmakers to conduct internet and telephone betting operations at any time from approved racecourse locations;

(b) to transfer responsibility for the registration of bookmakers and bookmaker's key employees to the Victorian Commission for Gambling Regulation;

2 Commencement

s. 2

(1) Subject to subsection (3), this Act, other than section 29, comes into operation on a day or days to be proclaimed.

(2) Section 29 comes into operation on the later of—

(a) the day on which section 23 of this Act comes into operation;

(b) the day on which section 31 of the Gambling Legislation Amendment (Responsible Gambling and Other Measures) Act 2008 comes into operation.

(3) If a provision of this Act, other than section 29, does not come into operation before 1 December 2009, it comes into operation on that day.

______

Part 2—Racing Act 1958

See:
Act No.
6353.
Reprint No. 13
as at
31 December 2005
and amending
Act Nos 45/2003,
40/2006, 80/2006, 18/2007 and 12/2008.
LawToday:
www.
legislation.
vic.gov.au

3 Definitions in Part I

s. 3

(1) Insert the following definitions in section 3(1) of the Racing Act 1958—

"approved substitute means a registered bookmaker's key employee approved under section 91AB by a controlling body to carry on the business of a registered bookmaker;

bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;

registered bookmaker has the same meaning as in the Gambling Regulation Act 2003;

registered bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;".

(2) In section 3(1) of the Racing Act 1958, the definition of approved bookmaking company is repealed.

4 Division 2 of Part I

In the heading to Division 2 of Part I of the Racing Act 1958, for "Betting, &c., at race meetings" substitute "Legality of betting".

5 New section 4 substituted and section 4A inserted

For section 4 of the Racing Act 1958 substitute—

"4 Betting with registered bookmaker

(1) Despite anything in the Gambling Regulation Act 2003 (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a racecourse is not a common gaming house or place for the purposes of that Act, if a person bets by way of wagering—

(a) on any horse race, harness race or greyhound race; or

(b) on any approved betting event; or

(c) on a group of races approved by the Minister under section 2.5.16(1)(b) of the Gambling Regulation Act 2003 or on a race from such a group of races—

in accordance with this section.

(2) The racecourse must be licensed under this Part.

(3) The bet must be made—

(a) with a registered bookmaker; or

(b) with an approved substitute—

who is present on the racecourse at the time the bet is made.

(4) The bet must be made—

s. 5

(a) during the holding of a race meeting at the racecourse by a person present on the racecourse; or

(b) at any time by a person not present on the racecourse using a method of communication approved by the Minister under section 4A.

(5) In this section, a reference to a racecourse licensed under this Part includes a reference to land otherwise authorised for the holding of race meetings under this Part or Part III.

4A Methods of remote betting

(1) The Minister, by notice published in the Government Gazette, may approve a method of communication which may be used by registered bookmakers or approved substitutes to accept bets from persons not present on the racecourse on which the bookmaker is carrying on business.

(2) The Minister may give approval for any period and on any conditions that the Minister thinks fit and may vary or withdraw any approval so given.".

6 Definition of harness racing industry participant

s. 6

In section 38(1) of the Racing Act 1958, in the definition of harness racing industry participant, in paragraph (b)(i), for "bookmakers registered under Part IV" substitute "registered bookmakers".

7 Definition of greyhound racing industry participant

In section 51(1) of the Racing Act 1958, in the definition of greyhound racing industry participant, in paragraph (b)(i), for "bookmakers registered under Part IV" substitute "registered bookmakers".

8 Definition of penalty

In section 83F of the Racing Act 1958, in the definition of penalty, for "bookmakers' clerk" (wherever occurring) substitute "bookmaker's key employee".

9 Definition of bookmaking licence

s. 9

(1) In section 83P of the Racing Act 1958, for the definition of bookmaking licence substitute—

"bookmaking licence means a licence or other authority issued in respect of a bookmaker or bookmaker's key employee by a controlling body or racing club under any rules made under section 5, 91A or 91B;".

(2) In section 83P of the Racing Act 1958, in the definition of occupational racing licence, for "bookmaking licence" substitute "bookmaking licence or registration of a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 of the Gambling Regulation Act 2003".

10 Amendment of Part IV

(1) For the heading to Part IV of the Racing Act 1958 substitute—

"Part iv—REGISTERED BOOKMAKERS AND CONTROLLING BODIES".

(2) In section 84 of the Racing Act 1958, the definitions of approved bookmaking company, bookmaker's clerk, Committee, member, substitute licence and substitute permit and trading bookmaking partnership are repealed.

(3) Sections 85, 85AA, 85A, 86, 86A, 86B, 86C, 87, 87B, 88, 89 and 90 of the Racing Act 1958 are repealed.

11 New section 91 substituted

s. 11

For section 91 of the Racing Act 1958 substitute—

"91 Requirements for bookmakers to carry on business

(1) A person must not carry on the business of bookmaking on a racecourse or part of a racecourse or a sports ground unless the person—

(a) is a registered bookmaker or an approved substitute; and

(b) in the case of a registered bookmaker, holds a club bookmaker's licence issued to the bookmaker for that racecourse or part of a racecourse or sports ground if such a licence is required by a controlling body or by any racing club or promoter of sports to enable the bookmaker to carry on the business of bookmaking.

Penalty: Level 8 imprisonment (1 year maximum) or level 8 fine (120penalty units) or both.

(2) If a controlling body requires a bookmaker to hold a club bookmaker's licence for race meetings at a racecourse, then the bookmaker is not required to obtain a club bookmaker's licence from any racing club in respect of those race meetings.

(3) If Racing Victoria requires a bookmaker to hold a club bookmaker's licence for the purposes of betting in accordance with section 4(4)(b), the bookmaker is not required to obtain a club bookmaker's licence from any other racing club in respect of that betting.

(4) A person carrying on the business of bookmaking on a racecourse or part of a racecourse or a sports ground must not employ a person as a bookmaker's key employee unless the person is a registered bookmaker's key employee.

Penalty: 20 penalty units.".

12 Controlling bodies may make rules

s. 12

After section 91A(3) of the Racing Act 1958 insert—

"(4) A controlling body must advise the Commission of any disciplinary action taken against a bookmaker under rules made under this section within 48 hours of the taking of the action.

(5) On being advised of any disciplinary action taken against a bookmaker, the Commission may request in writing to the controlling body any further information relating to the disciplinary action.

(6) The controlling body must give the information requested under subsection (5) to the Commission within 14 days or the longer period allowed by the Commission.".

13 New section 91AB inserted

After section 91A of the Racing Act 1958 insert—

"91AB Approved substitutes

(1) A registered bookmaker may apply to a controlling body for approval of a registered bookmaker's key employee to carry on the business of the registered bookmaker during a period of absence.

(2) An approval by the controlling body under subsection (1) may be given generally or in relation to particular race meetings or dates.

(3) Each controlling body must establish and maintain a Register of Approved Substitutes.

(4) The Register must contain the following information—

(a) the name of each registered bookmaker who has an approved substitute; and

(b) the name of the approved substitute for that registered bookmaker; and

(d) if applicable, the particulars of the race meetings and dates for which the approved substitute will substitute for the registered bookmaker.

(5) A controlling body must make its Register available for inspection by the Commission.

(6) An approved substitute is subject to the provisions of this Act and every other Act in all respects as if the approved substitute were a registered bookmaker or the holder of a club bookmaker's licence.".

14 Provision of information regarding betting records

s. 14

(1) In section 91E of the Racing Act 1958, for "bookmaker or bookmaker's clerk" substitute "registered bookmaker or registered bookmaker's key employee".

(2) In section 91E(b) of the Racing Act 1958, for "Committee" substitute "Commission".

15 New section 92 substituted

s. 15

For section 92 of the Racing Act 1958 substitute—

"92 Production of documents by bookmakers and bookmaker's key employees

(1) A bookmaker carrying on the business of bookmaking on a racecourse or part of a racecourse or a sports ground must produce for inspection—

(a) evidence of registration under Part 5A of Chapter 4 of the Gambling Regulation Act 2003; or

(b) evidence of a licence required under section 91(1)(b)—

if so requested by an authorised person.

Penalty: 20 penalty units.

(2) A bookmaker's key employee who is working on a racecourse or part of a racecourse or a sports ground must produce for inspection evidence of registration under Part 5A of Chapter 4 of the Gambling Regulation Act 2003 if so requested by an authorised person.

Penalty: 20 penalty units.

(3) In this section—

authorised person means—

(a) the secretary or chairman of the club conducting the races on the racecourse; or

(b) the promoter of any sports on the sports ground; or