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This is a Bill, not an Act. For current law, see the Acts databases.


RACING ADMINISTRATION AMENDMENT (SPORTS BETTING NATIONAL OPERATIONAL MODEL) BILL 2014





                                     New South Wales




Racing Administration Amendment (Sports
Betting National Operational Model) Bill 2014

Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.

Overview of Bill
The object of this Bill is to regulate betting on sporting events in line with the National Policy on
Match-Fixing in Sport by:
(a) recognising sports controlling bodies in relation to sporting events, and
(b) requiring that a person who seeks to have a sporting event prescribed as a declared betting
      event (or who seeks a new type of bet in relation to such an event):
      (i)    must enter into an integrity agreement with the sports controlling body for the
             sporting event, or
      (ii) if there is no sports controlling body, must consult with the key persons or bodies
             involved in the administration of the sporting event, and
(c) requiring betting service providers to be licensed and to enter into integrity agreements with
      the sports controlling body for a sporting event before being permitted to offer betting
      services in relation to the sporting event, and
(d) specifying the matters that must be addressed in integrity agreements, and
(e) permitting the sports controlling body for a sporting event:
      (i)    to prevent the sporting event being prescribed as a declared betting event, and
      (ii) to prevent new types of bets being permitted, and to apply to have existing types of
             bets prohibited, in respect of a sporting event that has been prescribed as a declared
             betting event.




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Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 [NSW]
Explanatory note



Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or days to be appointed
by proclamation.

Schedule 1              Amendment of Racing Administration Act 1998
                        No 114
Schedule 1 [1] changes the name of the Racing Administration Act 1998 (the principal Act) to the
Betting and Racing Act 1998 to better reflect the matters with which the principal Act is
concerned.
Schedule 1 [7] omits sections 18-20 of the principal Act and inserts a number of new provisions
(the key provisions) that regulate betting on sporting events in line with the National Policy on
Match-Fixing in Sport.
Proposed section 17A sets out definitions of sporting event and sports controlling body for the
purposes of Division 2 of Part 3 of the principal Act, it also permits the regulations to declare that
an event or class of event is, or is not, a sporting event and any such declaration is to be conclusive
for the purposes of that Division.
Proposed section 17B provides that a person or body may be prescribed by the Minister as the
sports controlling body for a sporting event. It is envisaged that the proposed section will be
administered by the Minister for Sport and Recreation, who will prescribe the relevant sports
controlling bodies.
Proposed section 18 permits the Minister to prescribe an event or class of event (whether or not
a sporting event) as a declared betting event. When prescribing a declared betting event, the
Minister must also prescribe the types of bets that are permitted to be made on the declared betting
event. The Minister is not to prescribe a declared betting event or to prescribe a new type of bet
for an existing declared betting event unless an application to do so has been made by a person
(the applicant) who is a licensed bookmaker who holds a declared betting event authority or who
is a licensee under the Totalizator Act 1997. If the declared betting event is a sporting event and
the Minister receives an application from the sports controlling body for the sporting event asking
the Minister to remove a particular type of bet that can be made on the event, the Minister must
give effect to the application unless the Minister considers that it would not be in the public
interest to do so.
Proposed section 18A sets out the requirements that must be met before the Minister is permitted
to prescribe a sporting event that has a sports controlling body as a declared betting event or to
prescribe a new type of bet for any such existing declared betting event. The Minister must be
satisfied that there is an integrity agreement in place between the applicant and the sports
controlling body. The integrity agreement must set out the measures that will be used to prevent,
investigate and assist in the prosecution of any match fixing or other corrupt behaviour related to
betting on the sporting event, provide for funding to go to the sports controlling body for those
purposes, make provision for information sharing between the applicant and the sports controlling
body and provide for a consultation process whereby the applicant will consult with the sports
controlling body before making any future applications. The Minister must also be satisfied that
the applicant has consulted the sports controlling body in respect of the making of the application
and the sports controlling body does not oppose the application.
Proposed section 18B sets out the requirements that must be met before the Minister is permitted
to prescribe a sporting event that does not have a sports controlling body as a declared betting
event or to prescribe a new type of bet for any such existing declared betting event. The Minister
must be satisfied that the applicant has taken reasonable steps to consult with the key persons or
bodies involved in the administration of the sporting event. The consultation is only required if
the sporting event takes place in Australia. The Minister must also take into consideration the


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Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 [NSW]
Explanatory note



public interest, any potential impact on the integrity of the sporting event and if the sporting event
takes place in Australia, the views (if any) of the key persons or bodies involved in the
administration of the sporting event.
Proposed section 18C creates an offence (maximum penalty of $11,000 for a corporation or
$5,500 or imprisonment for 12 months (or both) for an individual) if a betting service provider
(being a bookmaker, a person who operates a totalizator or a person who operates a betting
exchange) offers a betting service (accepting or offering to accept a bet, inviting a person to place
a bet or facilitating the placing of a bet) in relation to a sporting event unless the betting service
provider is a licensed betting service provider and has entered an integrity agreement with the
sports controlling body for the sporting event. The integrity agreement must set out the measures
that will be used to prevent, investigate and assist in the prosecution of any match fixing or other
corrupt behaviour related to betting on the sporting event, provide for funding to go to the sports
controlling body for those purposes and make provision for information sharing between the
licensed betting service provider and the sports controlling body. There is no requirement under
the proposed section to enter an integrity agreement at any time where there is no sports
controlling body for the sporting event or at any time during the 6 months immediately following
the prescription of a person or body as the sports controlling body for the sporting event.
Proposed section 19 creates an offence (maximum penalty of $11,000 for a corporation or $5,500
or imprisonment for 12 months (or both) for an individual) if a bookmaker accepts or makes a bet
on a declared betting event unless the bookmaker is licensed and holds a declared betting event
authority and the bet is accepted or made in accordance with the conditions to which the authority
is subject. The proposed section also permits the Minister to grant such an authority to a licensed
bookmaker on the application of the bookmaker.
Proposed section 20 provides for the conditions to which a declared betting event authority is
subject.
Schedule 1 [2] inserts a number of definitions for the purposes of the key provisions and omits
some redundant definitions. Schedule 1 [3]-[6], [8]-[14], [16] and [20] make amendments
consequential on the key provisions being inserted into the principal Act.
Schedule 1 [15] updates a heading to a Part to better reflect the matters with which the Part is
concerned.
Schedule 1 [17] corrects a reference to ensure that the terminology used in a section is consistent.
Schedule 1 [18], [19] and [21] make amendments consequential on the key provisions being
inserted into the principal Act and also update terminology in Part 4 of the principal Act to ensure
that the terminology in that Part is consistent with terminology used in the key provisions.
Schedule 1 [22] permits regulations under the principal Act to contain provisions of a savings or
transitional nature consequent on the enactment of the principal Act or any Act that amends the
principal Act (including the proposed Act).
Schedule 1 [23] inserts a number of savings and transitional provisions into the principal Act
consequent on the enactment of the proposed Act.

Schedule 2             Amendment of other Acts
Schedule 2.1 [1] and [2] amend the Greyhound Racing Act 2009 as a consequence of the key
provisions being inserted into the principal Act.
Schedule 2.1 [3] permits regulations under the Greyhound Racing Act 2009 to contain provisions
of a savings or transitional nature consequent on the enactment of that Act or any Act that amends
that Act (including the proposed Act).
Schedule 2.2 [1] and [2] amend the Harness Racing Act 2009 as a consequence of the key
provisions being inserted into the principal Act.



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Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 [NSW]
Explanatory note



Schedule 2.2 [3] permits regulations under the Harness Racing Act 2009 to contain provisions of
a savings or transitional nature consequent on the enactment of that Act or any Act that amends
that Act (including the proposed Act).
Schedule 2.3 [1] and [2] amend the Thoroughbred Racing Act 1996 as a consequence of the key
provisions being inserted into the principal Act.
Schedule 2.3 [3] permits regulations under the Thoroughbred Racing Act 1996 to contain
provisions of a savings or transitional nature consequent on the enactment of that Act or any Act
that amends that Act (including the proposed Act).
Schedule 2.4 [1], [2] and [5] amend the Unlawful Gambling Act 1998 as a consequence of the
change of name of the principal Act made by Schedule 1 [1].
Schedule 2.4 [3], [4] and [6] amend the Unlawful Gambling Act 1998 as a consequence of the key
provisions being inserted into the principal Act.
Schedule 2.4 [7] permits regulations under the Unlawful Gambling Act 1998 to contain provisions
of a savings or transitional nature consequent on the enactment of that Act or any Act that amends
that Act (including the proposed Act).




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                                                                        First print




                                  New South Wales




Racing Administration Amendment (Sports
Betting National Operational Model) Bill 2014
Contents
                                                                             Page


              1    Name of Act                                                  2
              2    Commencement                                                 2
     Schedule 1    Amendment of Racing Administration Act 1998 No 114           3
     Schedule 2    Amendment of other Acts                                     10




b2013-103-31.d14
                                    New South Wales




Racing Administration Amendment (Sports
Betting National Operational Model) Bill 2014

No     , 2014


A Bill for
An Act to amend the Racing Administration Act 1998 to regulate betting on sporting events in line
with the National Policy on Match-Fixing in Sport; and for other purposes.
Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 [NSW]




The Legislature of New South Wales enacts:                                                    1

  1   Name of Act                                                                             2

             This Act is the Racing Administration Amendment (Sports Betting National         3
             Operational Model) Act 2014.                                                     4

  2   Commencement                                                                            5

             This Act commences on a day or days to be appointed by proclamation.             6




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Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 [NSW]
Schedule 1 Amendment of Racing Administration Act 1998 No 114



Schedule 1             Amendment of Racing Administration Act 1998                                       1
                       No 114                                                                            2

[1]   Section 1 Name of Act                                                                              3

      Omit "Racing Administration". Insert instead "Betting and Racing".                                 4

[2]   Section 4 Definitions                                                                              5

      Omit the definitions of authorised betting event bookmaker, betting authority, controlling         6
      body and declared betting event from section 4 (1).                                                7

      Insert in alphabetical order:                                                                      8
                    betting exchange means a facility, electronic or otherwise, that enables             9
                    persons:                                                                            10
                     (a) to place or accept, through the operator of the facility, bets with other      11
                           persons, or                                                                  12
                    (b) to place with the operator of the facility bets that, on acceptance, are        13
                           matched with opposing bets placed with and accepted by the operator,         14
                    but does not include a facility, electronic or otherwise, that enables persons to   15
                    place bets only with a bookmaker or a totalizator.                                  16
                    betting service means:                                                              17
                     (a) accepting or offering to accept a bet, or                                      18
                    (b) inviting a person to place a bet, or                                            19
                     (c) facilitating the placing of a bet.                                             20
                    betting service provider means a bookmaker, a person who operates a                 21
                    totalizator or a person who operates a betting exchange.                            22
                    declared betting event means an event or class of event prescribed under            23
                    section 18 as a declared betting event.                                             24
                    declared betting event authority means an authority granted under section 19.       25
                    event includes contingency.                                                         26
                    licensed betting service provider means a betting service provider that holds a     27
                    licence or authority (however described) under the legislation of this or any       28
                    other State or Territory to carry out its betting services (whether in that State   29
                    or Territory, or elsewhere).                                                        30
                    race means a greyhound race, harness race or horse race.                            31
                    racing controlling body means:                                                      32
                     (a) in relation to horse racing other than harness racing--Racing New              33
                           South Wales, and                                                             34
                    (b) in relation to harness racing--Harness Racing New South Wales, and              35
                     (c) in relation to greyhound racing--Greyhound Racing New South Wales.             36
                    totalizator has the same meaning as in section 6 of the Totalizator Act 1997.       37

[3]   Section 4 (1), definition of "betting auditorium"                                                 38

      Omit "horse races, harness races, greyhound races". Insert instead "races".                       39

[4]   Sections 4 (1), definitions of "licensed bookmaker" and "non-proprietary                          40
      association", 5 (2), 13 (1) and (2) (a), 14 (1) (b), 16A (1), 26G (1) and (3), 26GC (2) (b)       41
      and (3), 26H, 26I (6) (b) and (7) and 36 (1) (b)                                                  42

      Omit "controlling body" wherever occurring. Insert instead "racing controlling body".             43




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Schedule 1 Amendment of Racing Administration Act 1998 No 114


[5]   Section 8 Conditions of racecourse licence                                                             1
      Omit "horse races, harness races, greyhound races" from section 8 (1) (a).                             2

      Insert instead "races".                                                                                3

[6]   Part 3 Authorisation of certain betting activities                                                     4

      Omit "Authorised betting event" from the heading to Division 2.                                        5

      Insert instead "Declared betting events".                                                              6

[7]   Sections 17A-20                                                                                        7

      Omit sections 18-20. Insert instead:                                                                   8

      17A     Definitions                                                                                    9

              (1)   In this Division:                                                                       10
                    sporting event incudes a class of sporting events but does not include a race or        11
                    any event related to racing.                                                            12
                    sports controlling body for a sport means the person or body prescribed as the          13
                    sports controlling body for the sport under section 17B.                                14

              (2)   The regulations may declare that an event or class of event is, or is not, a            15
                    sporting event and any such declaration is conclusive for the purposes of this          16
                    Division.                                                                               17

      17B     Sports controlling body                                                                       18

              (1)   The Minister may, by order published in the Gazette, prescribe a person or              19
                    body as the sports controlling body for a sporting event.                               20
                    Note. Section 43 (2) of the Interpretation Act 1987 provides that if an Act confers a   21
                    power to make an order, that power includes a power to amend or repeal the order.       22

              (2)   There is to be no more than one sports controlling body for each sporting               23
                    event.                                                                                  24

              (3)   The regulations may make provision for or with respect to the prescription of           25
                    a person or body as a sports controlling body including, but not limited to, the        26
                    making of applications, the provision of information and the prescription of            27
                    fees.                                                                                   28

         18   Prescription of events as declared betting events                                             29

              (1)   The Minister may, by order published in the Gazette, prescribe an event or              30
                    class of events (whether or not a sporting event) as a declared betting event.          31

              (2)   An order prescribing a declared betting event must also prescribe the types of          32
                    bets that are permitted to be made on the declared betting event.                       33

              (3)   A race cannot be prescribed as a declared betting event.                                34
                    Note. Events related to racing are not sporting events but can still be prescribed as   35
                    declared betting events.                                                                36

              (4)   The Minister must not make an order that prescribes a declared betting event            37
                    (or permits a new type of bet to be made on a declared betting event) unless an         38
                    application to make the order has been made by:                                         39
                     (a) a licensed bookmaker who holds a declared betting event authority                  40
                           under Division 2A, or                                                            41
                    (b) a licensee under the Totalizator Act 1997.                                          42




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Schedule 1 Amendment of Racing Administration Act 1998 No 114



             (5)    The Minister must, unless the Minister considers that it is not in the public          1
                    interest to do so, give effect to an application to remove a type of bet that is       2
                    permitted to be made on a declared betting event if:                                   3
                     (a) the declared betting event is a sporting event, and                               4
                    (b) the application is made by the sports controlling body for the sporting            5
                           event.                                                                          6

             (6)    An application under this section is to be made in the manner approved by the          7
                    Minister and is to be accompanied by the fee (if any) prescribed by the                8
                    regulations.                                                                           9

     18A     Prescription of sporting events with sports controlling body                                 10

             (1)    This section applies to an order that prescribes a sporting event as a declared       11
                    betting event (or that permits a new type of bet on a sporting event that has         12
                    been prescribed as a declared betting event) but only if there is a sports            13
                    controlling body for the sporting event.                                              14

             (2)    The Minister must not make an order to which this section applies unless the          15
                    Minister is satisfied that:                                                           16
                    (a) an integrity agreement that meets the requirements of this section is in          17
                          place between the sports controlling body and the bookmaker or                  18
                          licensee who applied for the order (the applicant), and                         19
                    (b) the applicant has consulted the sports controlling body in respect of the         20
                          making of the application and the sports controlling body does not              21
                          oppose the making of the order.                                                 22

             (3)    An integrity agreement referred to in this section must:                              23
                    (a) set out the measures that will be used to prevent, investigate and assist         24
                          in the prosecution of any match fixing or other corrupt behaviour related       25
                          to betting on the sporting event, and                                           26
                    (b) provide for funding to go to the sports controlling body for the purposes         27
                          of implementing some or all of those measures (unless the sports                28
                          controlling body does not want any such funding), and                           29
                    (c) provide for the sharing of information between the sports controlling             30
                          body and the applicant, and                                                     31
                    (d) provide for a consultation process that ensures that the applicant will, if       32
                          the sports controlling body is the sports controlling body for a particular     33
                          sporting event, consult with the sports controlling body before making          34
                          any application under section 18 (4) in respect of the sporting event.          35

     18B     Prescription of sporting events without sports controlling body                              36

             (1)    This section applies to an order that prescribes a sporting event as a declared       37
                    betting event (or that permits a new type of bet on a sporting event that has         38
                    been prescribed as a declared betting event) but only if there is no sports           39
                    controlling body for the sporting event.                                              40

             (2)    The Minister must not make an order to which this section applies in relation         41
                    to a sporting event taking place in Australia unless the Minister is satisfied that   42
                    the bookmaker or licensee who applied for the order has taken reasonable              43
                    steps to consult with the key persons or bodies involved in the administration        44
                    of the sporting event.                                                                45




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Schedule 1 Amendment of Racing Administration Act 1998 No 114



              (3)   The Minister, in determining whether to make an order to which this section         1
                    applies, is to take into consideration:                                             2
                    (a) the public interest, and                                                        3
                    (b) any potential impact on the integrity of the sporting event, and                4
                    (c) if the order is in relation to a sporting event taking place in Australia,      5
                          the views (if any) of the key persons or bodies involved in the               6
                          administration of the sporting event.                                         7

              (4)   For the purposes of this section, a class of sporting events takes place in         8
                    Australia if at least one sporting event in that class takes place in Australia.    9

     18C      Certain sports betting services prohibited                                               10

              (1)   A betting service provider must not, in New South Wales or elsewhere, offer        11
                    a betting service in relation to a sporting event unless:                          12
                    (a) the betting service provider is a licensed betting service provider, and       13
                    (b) an integrity agreement that meets the requirements of this section is in       14
                           place between the sports controlling body for the sporting event and the    15
                           licensed betting service provider.                                          16
                    Maximum penalty:                                                                   17
                    (a) 100 penalty units, in the case of an offence committed by a corporation,       18
                           or                                                                          19
                    (b) 50 penalty units or imprisonment for 12 months (or both), in the case of       20
                           an offence committed by an individual.                                      21

              (2)   An integrity agreement referred to in this section must:                           22
                    (a) set out the measures that will be used to prevent, investigate and assist      23
                          in the prosecution of any match fixing or other corrupt behaviour related    24
                          to betting on the sporting event, and                                        25
                    (b) provide for funding to go to the sports controlling body for the purposes      26
                          of implementing some or all of those measures (unless the sports             27
                          controlling body does not want any such funding), and                        28
                    (c) provide for the sharing of information between the sports controlling          29
                          body and the licensed betting service provider.                              30

              (3)   This section does not apply in relation to a sporting event held wholly outside    31
                    of New South Wales.                                                                32

              (4)   This section does not require an integrity agreement to be in place at any time:   33
                    (a) during which there is no sports controlling body for the sporting event        34
                          in respect of which the betting service is to be offered, or                 35
                    (b) during the 6 months immediately following the prescription of a person         36
                          or body as the sports controlling body for the sporting event.               37

              (5)   For the purposes of this section, a class of sporting events is held wholly        38
                    outside of New South Wales only if each sporting event in that class is held       39
                    wholly outside of New South Wales.                                                 40

      Division 2A          Declared betting event authorities                                          41

         19   Declared betting event authority                                                         42

              (1)   A bookmaker must not accept or make a bet on a declared betting event unless:      43
                    (a) the bookmaker is the holder of a declared betting event authority, and         44




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Schedule 1 Amendment of Racing Administration Act 1998 No 114



                    (b)  the bet is accepted or made in accordance with the conditions to which      1
                         the authority is subject.                                                   2
                    Maximum penalty:                                                                 3
                    (a) 100 penalty units, in the case of an offence committed by a corporation,     4
                         or                                                                          5
                    (b) 50 penalty units or imprisonment for 12 months (or both), in the case of     6
                         an offence committed by an individual.                                      7

              (2)   The Minister may, on the application of a licensed bookmaker, grant a            8
                    declared betting event authority to the bookmaker.                               9

              (3)   An application under this section is to be made in the manner approved by the   10
                    Minister and is to be accompanied by the fee (if any) prescribed by the         11
                    regulations.                                                                    12

         20   Conditions of declared betting event authority                                        13

              (1)   A declared betting event authority is subject to the following conditions:      14
                    (a) a condition that the licensed bookmaker who holds the authority must        15
                          not accept or make a bet on a declared betting event unless:              16
                           (i) the bet is of a type that is permitted under Division 2 to be made   17
                                 on the declared betting event, and                                 18
                          (ii) accepting or making the bet is not in breach of any rule made        19
                                 under section 18D,                                                 20
                    (b) any condition prescribed by the regulations,                                21
                    (c) any condition imposed by the Minister by notice in writing to the           22
                          licensed bookmaker who holds the authority.                               23

              (2)   Without limiting the conditions that may be prescribed or imposed by the        24
                    Minister, conditions may relate to any of the following:                        25
                    (a) different requirements for different declared betting events,               26
                    (b) minimum bets,                                                               27
                    (c) methods of betting, including arrangements for the use of                   28
                          telecommunications equipment,                                             29
                    (d) the giving of security by bankers for long-term bets,                       30
                    (e) record keeping,                                                             31
                    (f) auditing.                                                                   32

 [8]   Section 21 Conditions relating to records                                                    33

       Omit "betting authority that the authorised betting event bookmaker" from section 21 (1).    34

       Insert instead "declared betting event authority that the licensed bookmaker who holds the   35
       authority".                                                                                  36

 [9]   Section 21 (1) (a)                                                                           37

       Omit "taken bets". Insert instead "accepted or made a bet".                                  38

[10]   Section 22 Duration and cancellation of declared betting event authority                     39

       Omit "betting authority" wherever occurring.                                                 40

       Insert instead "declared betting event authority".                                           41




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Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 [NSW]
Schedule 1 Amendment of Racing Administration Act 1998 No 114


[11]   Section 22 (2) (a)                                                                                      1
       Omit "authorised betting event bookmaker".                                                              2

       Insert instead "licensed bookmaker who holds the authority".                                            3

[12]   Section 22 (2) (c)                                                                                      4

       Omit the paragraph. Insert instead:                                                                     5
                    (c) that the bookmaker has not complied with rules made under section 18D                  6
                         in relation to a declared betting event, or                                           7

[13]   Section 23 Rules for declared betting events                                                            8

       Omit "at a licensed racecourse" from section 23 (1).                                                    9

[14]   Section 23                                                                                             10

       Renumber as section 18D and insert it after section 18C as inserted by item [7].                       11

[15]   Part 3A, heading                                                                                       12

       Omit "Authorisation of bookmakers". Insert instead "Returns and records".                              13

[16]   Section 26GC Bookmakers to keep records                                                                14

       Omit "horse races, harness races, greyhound races" from section 26GC (2) (a).                          15

       Insert instead "races".                                                                                16

[17]   Section 26I Inspection of records                                                                      17

       Omit "designated" from paragraph (b) of the definition of inspector in section 26I (7).                18

       Insert instead "authorised".                                                                           19

[18]   Section 27 Definitions                                                                                 20

       Omit the definitions of betting exchange, licensed wagering operator, totalizator and                  21
       wagering operator.                                                                                     22

[19]   Sections 29 (2) (a) and (b), 30 (2) and (3) (a), 33 (1) and (2) and 40 (a)                             23

       Omit "wagering operator" wherever occurring. Insert instead "betting service provider".                24

[20]   Section 30 Advertising betting information and betting services                                        25

       Omit "horse race, harness race, greyhound race" from section 30 (1) (c).                               26

       Insert instead "race".                                                                                 27

[21]   Section 33 (1), note                                                                                   28

       Omit the note. Insert instead:                                                                         29
                    Note. Betting service provider is defined in section 4 (1) to mean a bookmaker, a         30
                    person who operates a totalizator or a person who operates a betting exchange.            31
                    Bookmaker is defined in that subsection to include any person who:                        32
                     (a)   carries on the business of, or who acts as, a bookmaker, bookmaker's clerk or      33
                           turf commission agent, or                                                          34
                     (b)   gains, or endeavours to gain, a livelihood wholly or partly by betting or making   35
                           wagers.                                                                            36




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Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 [NSW]
Schedule 1 Amendment of Racing Administration Act 1998 No 114


[22]   Schedule 1 Savings and transitional provisions                                                     1
       Omit clause 1 (1). Insert instead:                                                                 2

              (1)   The regulations may contain provisions of a savings or transitional nature            3
                    consequent on the enactment of this Act or any Act that amends this Act.              4

[23]   Schedule 1, Part 9                                                                                 5

       Insert after clause 17:                                                                            6


       Part 9       Provisions consequent on enactment of Racing                                          7
                    Administration Amendment (Sports Betting                                              8
                    National Operational Model) Act 2014                                                  9

         18   Definition                                                                                 10

                    In this Part:                                                                        11
                    amending Act means the Racing Administration Amendment (Sports Betting               12
                    National Operational Model) Act 2014.                                                13

         19   Declared betting events                                                                    14

              (1)   This clause applies to a declared betting event that is in force under section 18    15
                    immediately before the substitution of that section by the amending Act (the         16
                    relevant day).                                                                       17

              (2)   A declared betting event to which this clause applies continues in force and is      18
                    taken to have been prescribed as a declared betting event by an order under          19
                    section 18 (1) as substituted.                                                       20

              (3)   A type of bet that was approved in relation to a declared betting event to which     21
                    this clause applies and that was in force under section 20 (1) (b) immediately       22
                    before the relevant day, is taken to be a type of bet prescribed by order as a bet   23
                    that is permitted to be made on the declared betting event under section 18 (2)      24
                    as substituted.                                                                      25

              (4)   The Minister may amend or repeal an order that is taken to have been made            26
                    under this clause in the same way that the Minister can amend or repeal an           27
                    order under section 18.                                                              28

         20   Rules for declared betting events                                                          29

                    A rule in respect of a declared betting event that was in force under section 23     30
                    immediately before that section was renumbered by the amending Act                   31
                    continues in force after that renumbering as a rule under section 18D in respect     32
                    of the declared betting event.                                                       33

         21   Declared betting event authority                                                           34

                    An authorisation under section 19 that was held by a bookmaker immediately           35
                    before the substitution of that section by the amending Act is taken to be a         36
                    declared betting event authority held by the bookmaker under section 19 as           37
                    substituted and is subject to any condition or restriction to which it was subject   38
                    immediately before that substitution to the extent that any such condition does      39
                    not conflict with the conditions referred to in section 20 (1) as substituted.       40




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Schedule 2 Amendment of other Acts



Schedule 2             Amendment of other Acts                                                       1


2.1 Greyhound Racing Act 2009 No 19                                                                  2

[1]   Section 19 Registration of bookmakers                                                          3

      Omit section 19 (5) (b). Insert instead:                                                       4
                   (b) carries on, at a racecourse licensed for greyhound racing, the business       5
                         of a bookmaker in respect of a declared betting event otherwise than on     6
                         behalf of the company.                                                      7

[2]   Section 19 (9)                                                                                 8

      Omit the definition of authorised betting event bookmaker. Insert in alphabetical order:       9

                    declared betting event has the same meaning as it has in the Betting and        10
                    Racing Act 1998.                                                                11

[3]   Schedule 3 Savings, transitional and other provisions                                         12

      Omit clause 1 (1). Insert instead:                                                            13

             (1)    The regulations may contain provisions of a savings or transitional nature      14
                    consequent on the enactment of this Act or any Act that amends this Act.        15

2.2 Harness Racing Act 2009 No 20                                                                   16

[1]   Section 19 Registration of bookmakers                                                         17

      Omit section 19 (5) (b). Insert instead:                                                      18
                   (b) carries on, at a racecourse licensed for harness racing, the business of a   19
                         bookmaker in respect of a declared betting event otherwise than on         20
                         behalf of the company.                                                     21

[2]   Section 19 (9)                                                                                22

      Omit the definition of authorised betting event bookmaker. Insert in alphabetical order:      23

                    declared betting event has the same meaning as it has in the Betting and        24
                    Racing Act 1998.                                                                25

[3]   Schedule 3 Savings, transitional and other provisions                                         26

      Omit clause 1 (1). Insert instead:                                                            27

             (1)    The regulations may contain provisions of a savings or transitional nature      28
                    consequent on the enactment of this Act or any Act that amends this Act.        29

2.3 Thoroughbred Racing Act 1996 No 37                                                              30

[1]   Section 14A Licensing of bookmakers                                                           31

      Omit section 14A (4) (c) (ii). Insert instead:                                                32
                        (ii) carries on, at a racecourse licensed for horse racing, the business    33
                                of a bookmaker in respect of a declared betting event otherwise     34
                                than on behalf of the company, or                                   35




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Racing Administration Amendment (Sports Betting National Operational Model) Bill 2014 [NSW]
Schedule 2 Amendment of other Acts


[2]   Section 14A (9)                                                                                  1
      Omit the definition of authorised betting event bookmaker. Insert in alphabetical order:         2

                    declared betting event has the same meaning as it has in the Betting and           3
                    Racing Act 1998.                                                                   4

[3]   Schedule 1 Savings and transitional provisions                                                   5

      Omit clause 3 (1). Insert instead:                                                               6

             (1)    The regulations may contain provisions of a savings or transitional nature         7
                    consequent on the enactment of this Act or any Act that amends this Act.           8

2.4 Unlawful Gambling Act 1998 No 113                                                                  9

[1]   Section 4 Definitions                                                                           10

      Omit the definitions of licensed bookmaker and licensed racecourse.                             11

      Insert in alphabetical order:                                                                   12
                    licensed bookmaker and licensed racecourse have the same meanings as they         13
                    have in the Betting and Racing Act 1998.                                          14

[2]   Section 8 Offences relating to unlawful betting                                                 15

      Omit "Racing Administration" wherever occurring in section 8 (1) (c) and (d).                   16

      Insert instead "Betting and Racing".                                                            17

[3]   Section 8 (6) (a)                                                                               18

      Omit "controlling body". Insert instead "racing controlling body".                              19

[4]   Section 8 (6) (c)                                                                               20

      Omit the paragraph. Insert instead:                                                             21
                   (c) betting on a declared betting event if the betting takes place at a licensed   22
                        racecourse and the betting is carried on by a licensed bookmaker in           23
                        accordance with a declared betting event authority held by the                24
                        bookmaker,                                                                    25

[5]   Section 8 (6) (d)                                                                               26

      Omit "Racing Administration". Insert instead "Betting and Racing".                              27

[6]   Section 8 (7)                                                                                   28

      Omit the subsection. Insert instead:                                                            29

             (7)    In this section, authorised betting auditorium, declared betting event,           30
                    declared betting event authority and racing controlling body have the same        31
                    meanings as they have in the Betting and Racing Act 1998.                         32




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Schedule 2 Amendment of other Acts


[7]   Schedule 1 Savings and transitional provisions                                             1
      Omit clause 1 (1). Insert instead:                                                         2

             (1)    The regulations may contain provisions of a savings or transitional nature   3
                    consequent on the enactment of this Act or any Act that amends this Act.     4




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