Betting and Racing Act 1998 (NSW)

Betting and Racing Act 1998 No 114

An Act to provide for the licensing of racecourses and the authorisation of certain betting activities; and for related purposes.

Part 1 Preliminary

1 Name of Act This Act is the Betting and Racing Act 1998.

2 Commencement This Act commences on a day or days to be appointed by proclamation.

3 Objects of Act The objects of this Act are as follows— (a) to ensure the integrity of racing in the public interest, (b) to ensure that certain betting activities by licensed bookmakers are conducted properly, (c) to minimise the adverse social effects of lawful gambling, (d) to protect a source of public revenue that is derived from lawful gambling.

4 Definitions (1) In this Act— advertisement includes any information or material in the nature of an advertisement. approved body means— (a) a non-proprietary association, or (b) a local council, or (c) a statutory land manager within the meaning of the Crown Land Management Act 2016. authorised betting auditorium means a betting auditorium authorised by the Minister under section 24. betting auditorium means premises that are used for betting or wagering on races or declared betting events. betting exchange means a facility, electronic or otherwise, that enables persons— (a) to place or accept, through the operator of the facility, bets with other persons, or (b) to place with the operator of the facility bets that, on acceptance, are matched with opposing bets placed with and accepted by the operator, but does not include a facility, electronic or otherwise, that enables persons to place bets only with a bookmaker or a totalizator. betting service means— (a) accepting or offering to accept a bet, or (b) inviting a person to place a bet, or (c) facilitating the placing of a bet. betting service provider means a bookmaker, a person who operates a totalizator or a person who operates a betting exchange. bookmaker includes any person who— (a) carries on the business of, or who acts as, a bookmaker, bookmaker's clerk or turf commission agent, or (b) gains, or endeavours to gain, a livelihood wholly or partly by betting or making wagers. declared betting event means an event or class of event prescribed under section 18 as a declared betting event. declared betting event authority means an authority granted under section 19. event includes contingency. exercise a function includes perform a duty. function includes a duty. inspector means a person appointed as an inspector under section 33M and includes, in relation to section 26I, a person authorised by a racing controlling body to exercise the functions of an inspector under that section. licensed betting service provider means a betting service provider that holds a licence or authority (however described) under the legislation of this or any other State or Territory to carry out its betting services (whether in that State or Territory, or elsewhere). licensed bookmaker means a person who is authorised by a racing controlling body to carry on bookmaking. licensed racecourse means a racecourse licensed under this Act. licensee means the approved body that holds a racecourse licence. meeting for greyhound racing means any meeting at which greyhound racing (ie racing between greyhounds in competitive pursuit of a lure activated by mechanical means) is carried on. meeting for harness racing means any meeting at which harness racing is carried on. meeting for horse racing means any meeting (other than a meeting for harness racing) at which horse racing is carried on. non-proprietary association means a corporation, club, or other unincorporated body of persons, formed for the purpose of promoting and conducting race meetings, the constitution of which— (a) provides for the application of profits, if any, and other income of the corporation, club or body to the promotion of its objects, and (b) prohibits the payment of any dividends to the shareholders or members of the corporation, club or body, and that is registered as a racing club by the racing controlling body responsible for the type of racing conducted by the corporation, club or body. publish means disseminate or provide access to the public or a section of the public by oral, visual, written, electronic or other means (for example, by means of newspaper, radio, television, cinema or through the use of the Internet, subscription TV or other on-line communications system). race means a greyhound race, harness race or horse race. racing controlling body means— (a) in relation to horse racing other than harness racing—Racing New South Wales, and (b) in relation to harness racing—Harness Racing New South Wales, and (c) in relation to greyhound racing—the Greyhound Welfare and Integrity Commission or, in relation to greyhound racing clubs, Greyhound Racing New South Wales. race meeting means a meeting for horse racing, meeting for greyhound racing or meeting for harness racing. racecourse means any land that is used to hold or conduct a race meeting. racecourse licence means a licence in force under this Act that authorises race meetings to be held at the racecourse in respect of which the licence is issued. racing club includes an association of racing clubs. totalizator has the same meaning as in section 6 of the Totalizator Act 1997. trial meeting means a race meeting held for the purposes of enabling horses or greyhounds to compete in a training race or in a trial.