Totalizator Act 1997 (NSW)

Totalizator Act 1997 No 45

An Act to amend and consolidate the law relating to the conduct of totalizators and the regulation of totalizator betting; to repeal the Totalizator Act 1916 and the Totalizator (Off-course Betting) Act 1964; to make consequential amendments to other Acts; and for other purposes.

Part 1 Preliminary

1 Name of Act This Act is the Totalizator Act 1997.

2 Commencement (1) This Act commences on a day or days to be appointed by proclamation. (2) Different days may be appointed for the repeal of different provisions of any Act repealed by this Act.

3 Objects of Act The objects of this Act are— (a) to make provision for the proper conduct of totalizator betting in the public interest and to minimise any harm associated with such betting. (b) (Repealed)

4 Application of Act This Act applies, unless otherwise expressly provided, to and in respect of the conduct of totalizators, whether on or off a racecourse.

5 Definitions (1) In this Act— agent means a person who under a contract or other arrangement with a licensee conducts a totalizator as the agent of the licensee or exercises as the agent of the licensee any functions in connection with the conduct of a totalizator. approved betting activity means a betting activity that is approved under section 13 (Licensee can be approved to conduct other betting activities) to be conducted by a licensee. authorised betting auditorium has the same meaning as in the Betting and Racing Act 1998. close associate has the meaning given in section 22. conduct a totalizator includes promote, manage and operate the totalizator. contractor means a person who under a contract or other arrangement with a licensee performs any service in connection with the conduct of a totalizator (whether or not the service is performed for fee, gain or reward) and includes an employee of the licensee and an agent of the licensee. controlling bodies is defined in section 6A. exercise a function includes perform a duty. function includes a power, authority or duty. horse race includes a harness race. inspector means a person appointed under section 92 as an inspector. key employee means a person, or a person belonging to a class of persons, prescribed by the regulations to be a key employee in relation to the conduct of a totalizator, other than a person, or a person belonging to a class of persons, who the Minister identifies, in accordance with the regulations, is not a key employee. licence means a licence in force under this Act. licensee means the holder of a licence. major racing bodies is defined in section 6B. nominated company has the same meaning as in section 37A of the Totalizator Agency Board Privatisation Act 1997. off-course totalizator means a totalizator that is not an on-course totalizator. on-course totalizator means a totalizator the bets on which can be placed only by persons on a racecourse. process, in relation to a bet, means any one or more of the following— (a) register the bet, (b) calculate the dividend or other return (if any) payable on the bet, (c) carry out an activity for the purpose of calculating the dividend or other return (if any) payable on the bet, (d) if the bet is a winning bet—pay out on the bet, (e) generate and maintain records in relation to the bet, (f) otherwise deal with the bet. race meeting means a meeting for the purpose of horse racing, harness racing or greyhound racing. racecourse means— (a) land in New South Wales that is licensed as a racecourse under the Betting and Racing Act 1998, or (b) land outside New South Wales (including outside Australia) used for race meetings. racing club means a club, association or other body of persons (whether incorporated or unincorporated) that is registered by a controlling body as a racing club. related body corporate, in relation to a body corporate, has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth. rules in relation to a totalizator means the rules relating to the conduct of the totalizator in force under Part 4. subsidiary, in relation to a body corporate, means a body corporate that is a subsidiary of the first mentioned body corporate by virtue of Division 6 of Part 1.2 of the Corporations Act 2001 of the Commonwealth. TAB means the Totalizator Agency Board constituted by the Totalizator (Off-course Betting) Act 1964, and includes the company known as TAB Limited established by the Totalizator Agency Board Privatisation Act 1997. TAB Limited means the company of that name (ACN 081 765 308). totalizator has the meaning given in section 6.