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FACT SHEET
GAMING CONTROL AMENDMENT BILL 2009
� The Gaming Control Act Amendment Bill amends the Gaming Control
Act 1993, to enable the regulation of TOTE Tasmania's gaming and
wagering activities. The Bill also repeals the Racing (Totalizator Betting)
Act 1952 and the TOTE Tasmania (Racing Regulation) Act 2004.
� It also abolishes the current funding arrangements between the TOTE
and the Tasmanian racing industry. The new Tasmanian Racing Board
will be funded directly by the State Government through a separate
Funding Deed.
� The amendments provide for the regulation and financial arrangements
of the TOTE or its purchaser. Specifically, amendments to the Gaming
Control Act:
- establishes a new endorsement under a Tasmanian Gaming
Licence (TGL) for totalisator betting with an annual fee of 350 000
fee units ($448 000), waived for the TOTE or its purchaser;
- establishes an agent endorsement to allow TGL holders to
participate in an agent arrangement with an external (third party)
gaming or wagering provider for which it receives a commission. An
annual licence fee of 5 000 fee units ($6 400), will apply to an agent
endorsement, waived for the TOTE or its purchaser;
- provides that the holder of a totalisator endorsement must pay a
fixed wagering levy of 4.7 million fee units ($6 million per annum);
- deems TOTE to hold a Tasmanian gaming licence with totalisator,
race wagering (fixed odds), sports betting, and an agent
endorsements;
- deems TOTE's existing agent arrangements to be allowable under
the endorsement. New arrangements will be subject to
disallowance by the Tasmanian Gaming Commission;
- deems TOTE's equipment (software and hardware) to be compliant
for 24 months and control systems (manuals) for 6 months;
- deems TOTE's special employees to be licensed for 12 months;
- enables a second exclusive totalisator licence, subject to the
Treasurer's written approval, to be granted by the Tasmanian
Gaming Commission if the TOTE is sold;
- establishes a period of exclusivity of 15 years after the new
operator's totalisator endorsement commences;
- sets the term of the Tasmanian gaming licence for the new operator
to be 50 years then renewable for 49 years while the operator holds
a totalisator endorsement;
- deems the new operator's equipment (software and hardware) to
be compliant for 12 months and control systems (manuals) for 6
months;
- deems the new operator's special employees to be licensed for 12
months;
- provides that the TOTE or new operator can establish wagering
rules under the licence that are allowed unless disallowed by the
Tasmanian Gaming Commission;
- provides that commission can be deducted, dividends are rounded
and the fractions retained by the TOTE or the new operator;
- authorises commission rates (take out rates) set out in operators
rules are subject to maximum rates as determined by the
Tasmanian Gaming Commission.
- waives the race wagering, sports betting and agent endorsement
fees for the TOTE or its purchaser while a totalisator endorsement
is held;
- limits the maximum fee payable for multiple endorsements held by
any other operators (ie without a totalisator endorsement) at 450
000 fee units per annum ($576 000);
- abolishes the current tax on sports betting from of 0.25 per cent of
turnover and race wagering (fixed odds wagering) of 1.0 per cent of
turnover;
- limits the fees for the holder of both sports betting and race
wagering endorsements to 200 000 fee units ($256 000);
- provides that a totalisator, or any other Tasmanian gaming licence
holder, may operate as an agent for a third party gaming or
wagering operator external to Tasmania, for which the Tasmanian
based operator receives a commission;
- provides that unclaimed monetary prizes or dividends be paid to the
Treasurer after six months;
- provides that a totalisator operator may use retail outlets as an
agent to accept wagers on its behalf;
- provides that the actions of an outlet agent are taken to be the
actions of a licence holder;
- introduces penalties for serious offences by the outlet agents, such
as allowing a minor to gamble, the outlet agent will also be held
responsible;
- contains transitional and savings provisions in respect of the
operations of the TOTE and the TOTE's agents, employees and
technicians as they come under the control of the Act;
- allows employees to wager on their employer's wagering activity
only when off duty; and
- provides for an adjustment of the product levy payable to Tasmania
by Betfair where it is also required to pay race-fields publishing
fees, product fees, or levies to racing authorities for the same
event.