SALE OF NT TAB ACT 2000

NORTHERN TERRITORY OF AUSTRALIA SALE OF NT TAB ACT 2000 As in force at 1 July 2024 Table of provisions 1 Short title ......................................................................................... 1 2 Commencement and expiration ....................................................... 1 3 Act binds Crown .............................................................................. 1 4 Definitions ........................................................................................ 1 5 Power to sell NT TAB ...................................................................... 2 6 Confidentiality .................................................................................. 2 7 Payment of taxes ............................................................................. 3 8 Purchaser to be granted licence under Totalisator Licensing and Regulation Act 2000 ................................................................. 3 10 Liabilities of Commission after sale ................................................. 3 11 Protection of Minister and Commission ........................................... 4 12 Repeal ............................................................................................. 4 13 Continuation of administration of NT TAB after repeal of Acts under section 12 .............................................................................. 4 14 Validation ......................................................................................... 4 Schedule ENDNOTES -- 1 of 8 -- -- 2 of 8 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 July 2024 ____________________ SALE OF NT TAB ACT 2000 An Act to enable the sale of the business known as the NT TAB and for related purposes 1 Short title This Act may be cited as the Sale of NT TAB Act 2000. 2 Commencement and expiration (1) The provisions of this Act come into operation on the date, or respective dates, fixed by the Administrator by notice in the Gazette. (2) A notice under subsection (1) may, if the notice provides, have retrospective effect. (3) This Act expires on the date fixed by the Administrator by notice in the Gazette. 3 Act binds Crown This Act binds the Crown not only in right of the Northern Territory but, to the extent that the legislative power of the Legislative Assembly permits, the Crown in all its other capacities. 4 Definitions In this Act, unless the contrary intention appears: NT TAB means the business or any component of the business of conducting betting by means of a totalisator system known as the NT TAB and administered by the Commission and includes the arrangements entered into and the assets and related facilities used by the Commission in administering the business. purchaser means a person with whom the Minister engages in negotiations or enters into an agreement for the sale and purchase of the NT TAB. -- 3 of 8 -- Sale of NT TAB Act 2000 2 5 Power to sell NT TAB (1) The Minister may, on behalf of the Territory, sell the business and the assets that comprise the NT TAB. (2) For the purposes of effecting the sale of the NT TAB, the Minister may engage in negotiations and enter into agreements. (3) The Minister and the Commission have power to do all things necessary and convenient to be done for or incidental to the proper conduct of the sale of the NT TAB. 6 Confidentiality (1) In the course of negotiating the sale of the NT TAB, the Minister and the Commission may communicate, disclose or divulge, including by the production of a document or the provision of a copy of or extract from a document, details of the contracts and other arrangements entered into by the Commission, the accounts and financial records and records relating to financial transactions of and assets and other facilities used in and any other information that explains the operations of the NT TAB to a purchaser or a person authorised to act for and on behalf of the purchaser. (2) The Minister may authorise discussions on information communicated, disclosed or divulged under subsection (1) between a purchaser or a person authorised by the Minister to act for and on behalf of the purchaser and a person or a person nominated by the Minister to represent the person with whom the Commission has entered into an agreement or other arrangement for the purpose of the conduct of the business of the NT TAB. (3) The Minister may impose conditions on his or her authorisation under subsection (2) and the persons discussing the information must comply with those conditions. (4) A person to whom information is communicated, disclosed or divulged under subsection (1) or because of discussions authorised under subsection (2) must not communicate, disclose or divulge that information to another person unless in the course of deliberating and negotiating an offer to purchase the NT TAB and any prospective agreement for the sale and purchase of the NT TAB. (5) The Minister or a member of the Commission must not communicate, disclose or divulge information received from a purchaser in the course of negotiations for the sale of the NT TAB to another person except in the course of deliberating any offer from or prospective agreement with the purchaser or consideration of the sale of the NT TAB by the Territory Cabinet a committee of -- 4 of 8 -- Sale of NT TAB Act 2000 3 the Territory Cabinet. Maximum penalty: 200 penalty units or imprisonment for 12 months. 7 Payment of taxes Nothing in this Act relieves the purchaser from liability to pay Territory taxes, rates and duties in respect of the purchase of the NT TAB and the purchaser's subsequent conduct of the business purchased. 8 Purchaser to be granted licence under Totalisator Licensing and Regulation Act 2000 (1) Before the sale of the NT TAB is completed, the authority, within the meaning of the Totalisator Licensing and Regulation Act 2000, must grant under that Act a totalisator licence to the purchaser authorising the purchaser to conduct the business purchased. (2) Sections 14 to 19 (inclusive) and section 20(1), (2) and (4) of the Totalisator Licensing and Regulation Act 2000 do not apply in relation to the grant of the totalisator licence to the purchaser. (3) The totalisator licence granted to the purchaser is to take effect on the completion of the sale of the NT TAB. 10 Liabilities of Commission after sale (1) On the sale of the NT TAB, the Territory remains liable for: (a) the payment of all outstanding fees, taxes and charges payable in relation to the operations of the NT TAB before the sale; (b) the payment of any dividends or other payments or prizes that are unclaimed from or unpaid by the Commission at the time of the sale; (c) any other liability incurred by or obligation imposed on the Commission in administering the NT TAB before the sale; and (d) an act or omission done, caused, permitted or made by or on behalf of the Commission in administering the NT TAB before the sale. (2) Any term of an agreement for the sale and purchase of the NT TAB that is inconsistent with subsection (1) has no effect. -- 5 of 8 -- Sale of NT TAB Act 2000 4 11 Protection of Minister and Commission No action or proceeding, civil or criminal, lies against the Minister or a member of the Commission for or in respect of an act or thing done or omitted to be done in good faith by the Minister or the member under this Act. 12 Repeal The Acts specified in the Schedule are repealed. 13 Continuation of administration of NT TAB after repeal of Acts under section 12 (1) If, on the repeal of the Acts specified in the Schedule, the NT TAB has not been sold and a totalisator licence has not been granted to the purchaser of the NT TAB, the Commission must continue to administer the NT TAB until the NT TAB is sold and the totalisator licence is granted in the same manner as if those Acts were not repealed. (2) For the purposes of subsection (1), the Commission is to be taken to have the same powers and functions and liabilities and obligations that it would have had under the Totalizator Administration and Betting Act 1985 as in force immediately before the repeal of those Acts and as if those Acts were not repealed. 14 Validation To avoid doubt, the decisions and actions made or taken by the Commission before the commencement of this Act for the administration of the NT TAB in the purported exercise of its powers or the purported performance of its functions under the Totalizator Administration and Betting Act 1985, and the consequences of the decisions or actions, are declared to be and to always have been valid and effectual. -- 6 of 8 -- Schedule Sale of NT TAB Act 2000 5 Schedule section 12 Totalizator Administration and Betting Act 1985 No. 21, 1985 Totalizator Administration and Betting Amendment Act 1986 No. 42, 1986 Totalizator Administration and Betting Amendment Act (No. 2) 1986 No. 72, 1986 Totalizator Administration and Betting Amendment Act 1991 No. 19, 1991 Totalizator Administration and Betting Amendment Act 1993 No. 41, 1993 -- 7 of 8 -- ENDNOTES Sale of NT TAB Act 2000 6 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Sale of NT TAB Act 2000 (Act No. 14, 2000) Assent date 6 June 2000 Commenced 12 June 2000 (Gaz S26, 9 June 2000) Statute Law Revision Act 2001 (Act No. 3, 2001) Assent date 22 March 2001 Commenced 22 March 2001 Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010) Assent date 18 November 2010 Commenced 1 February 2011 (Gaz S6, 1 February 2011) Racing and Wagering Act 2024 (Act No. 8, 2024) Assent date 9 April 2024 Commenced 1 July 2024 (Gaz G13, 20 June 2024, p 1) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 8, 9 and 13. 4 LIST OF AMENDMENTS s 4 amd No. 8, 2024, s 332 s 6 amd No. 38, 2010, s 3 s 8 amd No. 3, 2001, s 8 s 9 rep No. 8, 2024, s 333 -- 8 of 8 --