Racing Legislation Amendment Act 2012
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Racing Legislation Amendment Act 2012
No. 55 of 2012
TABLE OF PROVISIONS
Section Page
1 Purposes 1
2 Commencement 2
3 Principal Act 2
4 Definitions 2
5 Betting with registered bookmaker 3
6 Methods of remote betting 3
7 New sections 4B to 4I inserted 3
4B Application for approval to use methods of approved
remote betting on off-course premises 3
4C Approval of off-course premises for remote betting
usage 4
4D Cancellation or suspension of approval for approved
off-course premises or variation of conditions 5
4E Minister may prescribe requirements to be complied
with by bookmakers for approval to accept bets off-
course 6
4F Commission to notify controlling body of certain
matters 7
4G Offence to breach conditions of approval to operate
off-course premises 7
4H Offence to open approved off-course premises to
public 8
4I Prohibition on publishing prohibited advertising in
relation to the approved off-course premises 11
8 Disclosure of information 12
9 Annual report 12
10 Racing Integrity Commissioner may direct that certain appeals
be heard—appeals to HRV Racing Appeals and Disciplinary
Board 12
11 New section 50KA inserted 13
50KA Appeals in respect of approvals for approved
off-course premises 13
12 HRV Racing Appeals and Disciplinary Board may grant an
extension of time 14
13 Racing Integrity Commissioner may direct that certain appeals
be heard—appeals to GRV Racing Appeals and Disciplinary
Board 14
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14 New section 83KA inserted 14
83KA Appeals in respect of approvals for approved
off-course premises 14
15 GRV Racing Appeals and Disciplinary Board may grant an
extension of time 16
16 Reasons for decision 16
17 New Part IIID inserted 16
PART IIID—FUNCTIONS AND POWERS OF
GAMBLING AND LIQUOR INSPECTORS 16
83T Functions of gambling and liquor inspectors 16
83U Right of entry 17
83V Powers of gambling and liquor inspectors 17
83W Power to require names and addresses 19
18 Section 84 definition 20
19 Requirements for bookmakers to carry on business 20
20 Bookmaker's licence levy 20
21 Production of documents by bookmakers and bookmaker's
key employees 20
22 Repeal of amending Act 22
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ENDNOTES 23
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Racing Legislation Amendment Act
2012 †
No. 55 of 2012
[Assented to 18 September 2012]
The Parliament of Victoria enacts:
1 Purposes
The main purposes of this Act are to amend the
Racing Act 1958 to—
(a) provide for bookmakers to accept telephone
and electronic bets at approved off-course
premises;
(b) provide for the removal of the turnover cap
that applies to the bookmaker's licence levy;
Victoria
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(c) provide for the specification of further
bodies in respect of which the Racing
Integrity Commissioner may disclose
integrity related information;
(d) make other miscellaneous amendments to
that Act.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 31 March 2013, it comes into
operation on that day.
3 Principal Act
In this Act, the Racing Act 1958 is called the
Principal Act.
4 Definitions
Insert the following definitions in section 3(1) of
the Principal Act—
"approved off-course premises means premises
approved by a controlling body under
section 4C;
club bookmaker's licence has the same meaning
as it has in section 84;
s. 2
See:
Act No.
6353.
Reprint No. 14
as at
20 August
2009
and
amending
Act Nos
45/2003,
52/2009,
74/2010 and
58/2011.
LawToday:
www.
legislation.
vic.gov.au
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gambling and liquor inspector means an
inspector appointed under section 40 of the
Victorian Commission for Gambling and
Liquor Regulation Act 2011;".
5 Betting with registered bookmaker
(1) In section 4(1) of the Principal Act, after
"a racecourse" insert "or an approved off-course
premises".
(2) In section 4(3) of the Principal Act, after "present
on the racecourse" insert "or approved off-course
premises".
(3) In section 4(4) of the Principal Act—
(a) in paragraph (a), after "present on the
racecourse" insert "with a registered
bookmaker or approved substitute present on
the racecourse";
(b) in paragraph (b), omit "not present on the
racecourse".
6 Methods of remote betting
In section 4A(1) of the Principal Act omit
"not present on the racecourse on which the
bookmaker is carrying on business".
7 New sections 4B to 4I inserted
After section 4A of the Principal Act insert—
"4B Application for approval to use methods
of approved remote betting on off-course
premises
(1) A registered bookmaker issued with a club
bookmaker's licence may apply to the
controlling body that issued the licence, for
approval to make or accept bets at premises
other than a racecourse, using a method of
communication approved by the Minister
under section 4A.
s. 5
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(2) An application under subsection (1) must—
(a) be in writing;
(b) specify the premises for which approval
under subsection (1) is sought;
(c) be in the form specified by the
controlling body.
4C Approval of off-course premises for
remote betting usage
(1) A controlling body that receives an
application under section 4B may approve
premises in Victoria that are not on a
racecourse as premises at which the
applicant may make or accept bets using a
method of communication approved by the
Minister under section 4A.
(2) In deciding whether to approve a premises as
an approved off-course premises, a
controlling body must have regard to—
(a) whether the premises the subject of the
application are appropriate premises for
the applicant to make or accept bets
using a method of communication
approved by the Minister under
section 4A;
(b) whether the applicant and the premises
the subject of the application comply
with, and are capable of continuing to
comply with, any requirements
prescribed by the Minister under
section 4E.
(3) A controlling body must, as soon as
practicable after making a decision—
(a) give the applicant under section 4B
written notice of its decision to grant or
refuse an approval under this section;
s. 7
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(b) give the Commission written advice of
a decision by the controlling body to
grant or refuse an approval under this
section.
(4) A controlling body may make an approval
granted under this section subject to any
conditions specified in the written approval.
(5) In addition to any condition specified by a
controlling body under subsection (4), the
following conditions apply to an approval
granted under this section—
(a) that the approved off-course premises
not be open to, or available for use by,
the public or a section of the public for
any purpose related to betting;
(b) that the registered bookmaker granted
an approval under this section continue
to comply with any requirements
prescribed by the Minister under
section 4E.
(6) The controlling body that grants an approval
under this section may revoke that approval
at any time by written notice given to the
registered bookmaker.
(7) A registered bookmaker may appeal a
decision by a controlling body to refuse an
approval under this section to the appropriate
Racing Appeals and Disciplinary Board.
4D Cancellation or suspension of approval for
approved off-course premises or variation
of conditions
(1) A controlling body may by written notice to
a registered bookmaker cancel, or suspend
for a period specified by the controlling
body, an approval granted to the registered
bookmaker under section 4C if the
s. 7
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bookmaker fails to comply with a condition
of that approval.
(2) A controlling body may vary the conditions
of an approval granted to a registered
bookmaker under section 4C—
(a) on the written request of the
bookmaker;
(b) on the controlling body's own motion;
(c) following a variation of any
requirements, prescribed by the
Minister under section 4E, that the
registered bookmaker must comply
with before the approval is granted.
(3) If a controlling body varies the conditions of
an approval under subsection (2), the
controlling body must give written notice of
the variation, as soon as practicable after the
decision to vary the conditions is made, to—
(a) the registered bookmaker;
(b) the Commission.
(4) A registered bookmaker may appeal any
decision of a controlling body under this
section to the appropriate Racing Appeals
and Disciplinary Board.
4E Minister may prescribe requirements to
be complied with by bookmakers for
approval to accept bets off-course
(1) The Minister, by notice published in the
Government Gazette, may prescribe
requirements that a registered bookmaker
must comply with before a controlling body
grants the registered bookmaker approval to
make or accept bets at premises other than a
racecourse, using a method of
s. 7
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communication the Minister has approved
under section 4A.
(2) The Minister may vary requirements
prescribed under subsection (1) by notice
published in the Government Gazette.
(3) Requirements (including any variation of
those requirements) prescribed under this
section apply on and from the publication of
the notice or on any later date specified in
the notice.
4F Commission to notify controlling body of
certain matters
(1) This section applies if, in respect of a
registered bookmaker who holds an approval
under section 4C, the Commission—
(a) finds or is advised that the registered
bookmaker failed to comply with a
condition of that approval; or
(b) suspends or cancels the registration of
the bookmaker under section 4.5A.14
of the Gambling Regulation Act 2003.
(2) The Commission must give the controlling
body that gave an approval to a bookmaker
under section 4C written notice of any
finding, advice, suspension or cancellation as
soon as practicable.
4G Offence to breach conditions of approval
to operate off-course premises
A registered bookmaker who holds an
approval for approved off-course premises
granted under section 4C must not carry on
the business of bookmaking at those
premises unless it is in accordance with the
conditions of that approval specified by the
s. 7
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controlling body including any requirements
specified by the Minister under section 4E.
Penalty: For a first offence, 15 penalty
units or imprisonment for
3 months or both;
For a second offence, 25 penalty
units or imprisonment for
6 months or both;
For a third or subsequent offence,
imprisonment for 12 months.
4H Offence to open approved off-course
premises to public
(1) A bookmaker who holds an approval for an
approved off-course premises who makes or
takes a bet or bets to the value of less than
$500 from a person who is present at the
premises is guilty of an offence and liable to
a penalty of—
(a) for a first relevant offence, 60 penalty
units;
(b) for a second relevant offence,
250 penalty units or imprisonment for
6 months or both;
(c) for a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
(2) A bookmaker who holds an approval for an
approved off-course premises, who makes or
takes a bet or bets to the value of $500 or
more from a person who is present at the
premises is guilty of an offence and liable to
a penalty of—
(a) for a first relevant offence, 100 penalty
units or imprisonment for 3 months or
both;
s. 7
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(b) for a second relevant offence,
250 penalty units or imprisonment for
6 months or both;
(c) for a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
(3) An approved substitute for a bookmaker who
holds an approval for an approved off-course
premises who makes or takes a bet or bets to
the value of less than $500 from a person
who is present at the premises is guilty of an
offence and liable to a penalty of—
(a) for a first relevant offence, 60 penalty
units;
(b) for a second relevant offence,
250 penalty units or imprisonment for
6 months or both;
(c) for a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
(4) An approved substitute for a bookmaker who
holds an approval for an approved off-course
premises, who makes or takes a bet or bets to
the value of $500 or more from a person who
is present at the premises is guilty of an
offence and liable to a penalty of—
(a) for a first relevant offence, 100 penalty
units or imprisonment for 3 months or
both;
(b) for a second relevant offence,
250 penalty units or imprisonment for
6 months or both;
(c) for a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
s. 7
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(5) A person (other than a person to whom
subsection (1), (2), (3) or (4) applies) who
makes or takes a bet or bets to the value of
less than $500 while present at the approved
off-course premises is guilty of an offence
and liable to a penalty of—
(a) for a first relevant offence, 60 penalty
units;
(b) for a second relevant offence,
250 penalty units or imprisonment for
6 months or both;
(c) for a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
(6) A person (other than a person to whom
subsection (1), (2), (3) or (4) applies) who
makes or takes a bet or bets to the value of
$500 or more while present at the approved
off-course premises is guilty of an offence
and liable to a penalty of—
(a) for a first relevant offence, 100 penalty
units or imprisonment for 3 months or
both;
(b) for a second relevant offence,
250 penalty units or imprisonment for
6 months or both;
(c) for a third or subsequent relevant
offence, 1000 penalty units or
imprisonment for 2 years or both.
(7) In this section—
relevant offence means an offence against
subsection (1), (2), (3), (4), (5) or (6) or
an offence against a law of another
State or Territory that would, if
committed in Victoria, be an offence
s. 7
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against subsection (1), (2), (3), (4), (5)
or (6).
4I Prohibition on publishing prohibited
advertising in relation to the approved
off-course premises
(1) A registered bookmaker who holds an
approval under section 4C must not publish
or cause to be published—
(a) any prohibited advertising in relation to
approved off-course premises;
(b) the address of the approved off-course
premises.
Penalty: 20 penalty units.
(2) A person must not, on behalf of a registered
bookmaker who holds an approval under
section 4C, publish or cause to be
published—
(a) any prohibited advertising in relation to
approved off-course premises;
(b) the address of the approved off-course
premises.
Penalty: 20 penalty units.
(3) In this section—
prohibited advertising means any form of
advertising that contains any
information, term, expression, symbol
or other thing—
(a) that draws attention to, or can
reasonably be taken to draw
attention to, the approved off-
course premises or the presence of
bookmakers or approved
substitutes in those premises; or
s. 7
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(b) that uses a term or expression
frequently associated with
bookmakers or betting and
associates those terms with the
approved off-course premises;
publish includes disseminate in any way,
whether by oral, visual, written or other
means (for example, dissemination by
means of cinema, video, radio,
electronics, the Internet or television or
by means of promotional material such
as club journals, brochures or flyers).".
8 Disclosure of information
In section 37E(1) of the Principal Act, after
paragraph (i) insert—
"(ia) the Australian Crime Commission; or
(ib) the Australian Securities and Investments
Commission; or
(ic) the Commonwealth Services Delivery
Agency (Centrelink); or
(id) the Ombudsman; or".
9 Annual report
(1) In section 37F(1) of the Principal Act, for
"31 August" substitute "30 September".
(2) In section 37F(2) of the Principal Act, for
"7 sitting" substitute "14 sitting".
10 Racing Integrity Commissioner may direct that
certain appeals be heard—appeals to HRV Racing
Appeals and Disciplinary Board
In section 50K(3) of the Principal Act, for "on the
day after the day" substitute "on the third day
after the day".
s. 8
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11 New section 50KA inserted
After section 50K of the Principal Act insert—
"50KA Appeals in respect of approvals for
approved off-course premises
(1) A registered bookmaker may appeal to the
HRV Racing Appeals and Disciplinary
Board against a decision by Harness Racing
Victoria—
(a) under section 4C to refuse to give an
approval under that section;
(b) under section 4D—
(i) to cancel, or suspend for a period
specified by Harness Racing
Victoria, an approval granted by
Harness Racing Victoria under
section 4C;
(ii) to vary an approval granted by
Harness Racing Victoria under
section 4C;
(iii) to not vary an approval granted by
Harness Racing Victoria under
section 4C following a request
made by the bookmaker for
variation of the approval.
(2) An appeal made by a person under
subsection (1) must—
(a) be in the prescribed form; and
(b) be lodged with the Boards Registrar by
5.00 p.m. on the third day after the day
the appellant receives notice of the
decision that the appellant is appealing.
(3) The Boards Registrar must give the
Chairperson a copy of an appeal lodged
under subsection (2) as soon as practicable.
s. 11
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(4) The HRV Racing Appeals and Disciplinary
Board must hear an appeal made by a
bookmaker under this section.
(5) As soon as is reasonably practicable after the
Chairperson receives a copy of an appeal
under subsection (3), the HRV Racing
Appeals and Disciplinary Board must advise,
in writing, the appellant and Harness Racing
Victoria, of—
(a) the date and time of the hearing of the
appeal; and
(b) the venue at which the hearing will be
held.".
12 HRV Racing Appeals and Disciplinary Board may
grant an extension of time
In section 50L of the Principal Act, after "50J(2)"
(wherever occurring) insert "or 50KA(2)".
13 Racing Integrity Commissioner may direct that
certain appeals be heard—appeals to GRV Racing
Appeals and Disciplinary Board
In section 83K(3) of the Principal Act, for "on the
day after the day" substitute "on the third day
after the day".
14 New section 83KA inserted
After section 83K of the Principal Act insert—
"83KA Appeals in respect of approvals for
approved off-course premises
(1) A registered bookmaker may appeal to the
GRV Racing Appeals and Disciplinary
Board against a decision by Greyhound
Racing Victoria—
s. 12
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(a) under section 4C to refuse to give an
approval under that section;
(b) under section 4D—
(i) to cancel, or suspend for a period
specified by Greyhound Racing
Victoria, an approval granted by
Greyhound Racing Victoria under
section 4C;
(ii) to vary an approval granted by
Greyhound Racing Victoria under
section 4C;
(iii) to not vary an approval granted by
Greyhound Racing Victoria under
section 4C following a request
made by the bookmaker for
variation of the approval.
(2) An appeal made by a person under
subsection (1) must—
(a) be in the prescribed form; and
(b) be lodged with the Boards Registrar by
5.00 p.m. on the third day after the day
the appellant receives notice of the
decision that the appellant is appealing.
(3) The Boards Registrar must give the
Chairperson a copy of an appeal lodged
under subsection (2) as soon as practicable.
(4) The GRV Racing Appeals and Disciplinary
Board must hear an appeal made by a
bookmaker under this section.
(5) As soon as is reasonably practicable after the
Chairperson receives a copy of an appeal
under subsection (3), the GRV Racing
Appeals and Disciplinary Board must advise,
in writing, the appellant and Greyhound
Racing Victoria, of—
s. 14
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(a) the date and time of the hearing of the
appeal; and
(b) the venue at which the hearing will be
held.".
15 GRV Racing Appeals and Disciplinary Board may
grant an extension of time
In section 83L of the Principal Act, after "83J(2)"
(wherever occurring) insert "or 83KA(2)".
16 Reasons for decision
In section 83OA(3) of the Principal Act, for
"HRV" substitute "GRV".
17 New Part IIID inserted
After Part IIIC of the Principal Act insert—
"PART IIID—FUNCTIONS AND POWERS OF
GAMBLING AND LIQUOR INSPECTORS
83T Functions of gambling and liquor
inspectors
The functions of gambling and liquor
inspectors are as follows for the purposes of
determining compliance with sections 4B
to 4I and section 92—
(a) to inspect approved off-course
premises;
(b) to monitor the operation and
management of activities on approved
off-course premises;
(c) to examine machinery and equipment
used and records kept in approved off-
course premises;
(d) to assist in any other manner, where
necessary, in the detection of offences
committed against sections 4B to 4I and
section 92.
s. 15
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83U Right of entry
(1) A gambling and liquor inspector may enter
and remain on any approved off-course
premises for the purposes of exercising his or
her functions as a gambling and liquor
inspector under section 83T.
(2) The power of entry may be exercised with
the written consent of the occupier of the
approved off-course premises at any time.
(3) A gambling and liquor inspector who enters
approved off-course premises is not
authorised to remain on the premises if, on
the request of the occupier of the premises,
the gambling and liquor inspector does not
show his or her identity card to the occupier.
(4) If an occupier consents to the entry of
approved off-course premises under this
section, the gambling and liquor inspector
must give the occupier a copy of the consent
immediately.
(5) If, in any proceeding, a written consent is not
produced to the court, it must be presumed,
until the contrary is proved, that the occupier
did not consent to entry.
83V Powers of gambling and liquor inspectors
(1) A gambling and liquor inspector may do any
one or more of the following—
(a) require any person in possession of, or
having control of, any machinery,
equipment or records relating to an
activity regulated by sections 4B to 4I
and section 92 to produce the
machinery, equipment or records for
inspection and to answer questions or
provide information relating to the
machinery, equipment or records;
s. 17
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(b) inspect any machinery, equipment or
records referred to in paragraph (a) and
take copies of, extracts from, or notes
relating to, those records;
(c) if the gambling and liquor inspector
considers it necessary to do so for the
purpose of obtaining evidence of the
commission of an offence, seize any
machinery, equipment or records;
(d) by written notice require—
(i) a registered bookmaker who holds
an approval under section 4C; or
(ii) an approved substitute of a
registered bookmaker referred to
in subparagraph (i); or
(iii) any other person associated with
operations or their management in
premises the inspector is
authorised to enter—
to attend before the gambling and
liquor inspector at a specified time or
place and answer questions, or to
provide information within a reasonable
period specified in the notice, with
respect of any activity regulated by
sections 4B to 4I and section 92;
(e) examine and test any machinery or
equipment referred to in paragraph (a)
and order the person in charge of the
machinery or equipment to withdraw it
from use if it is unsatisfactory for use;
(f) call to the gambling and liquor
inspector's assistance a member of the
police force if the gambling and liquor
inspector is obstructed, or believes on
reasonable grounds that he or she will
s. 17
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be obstructed, in the performance of his
or her functions;
(g) any other thing authorised by this Act
or the regulations to be done by a
gambling and liquor inspector.
(2) If a gambling and liquor inspector seizes
anything under this section, it may be
retained by the gambling and liquor
inspector until the completion of any
proceedings (including proceedings on
appeal) in which it may be evidence but only
if, in the case of records, the person from
whom the records were seized is provided,
within reasonable time after the seizure, with
a copy of the records certified by a gambling
and liquor inspector as a true copy.
(3) Subsection (2) ceases to have effect in
relation to things seized if, on the application
of a person aggrieved by the seizure, the
court in which proceedings referred to in that
subsection are instituted so orders.
(4) A copy of records provided under subsection
(2) is, as evidence, of equal validity to the
records of which it is certified to be a copy.
83W Power to require names and addresses
(1) A gambling and liquor inspector who
exercises a right of entry to an approved off-
course premises under section 83U may
require a person on the premises to state the
person's full name and residential address.
(2) A gambling and liquor inspector is not
authorised to require a person to state his or
her name or address unless the gambling and
liquor inspector—
(a) suspects on reasonable grounds that the
person has committed an offence; and
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(b) has informed the person, at the time of
stating the requirement, that it is an
offence to fail to comply with the
requirement.
(3) A person must comply with a requirement
made in accordance with this section.
Penalty: 20 penalty units.".
18 Section 84 definition
In section 84 of the Principal Act, in the definition
of club bookmaker's licence, for "or any part
thereof" substitute ", any part of a racecourse, an
approved off-course premises".
19 Requirements for bookmakers to carry on business
(1) In section 91(1) of the Principal Act, for "or part
of a racecourse" (wherever occurring) substitute
", part of a racecourse, an approved off-course
premises".
(2) In section 91(4) of the Principal Act, for "or part
of a racecourse" substitute ", part of a racecourse,
an approved off-course premises".
20 Bookmaker's licence levy
Section 91B(3) of the Principal Act is repealed.
21 Production of documents by bookmakers and
bookmaker's key employees
(1) In section 92(1) of the Principal Act—
(a) for "or part of a racecourse" substitute
", part of a racecourse, an approved
off-course premises";
(b) after paragraph (a) insert—
"(ab) in the case of a bookmaker making and
accepting bets using a method of
communication approved by the
Minister under section 4A at premises
s. 18
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not on a racecourse—evidence of an
approval given to the bookmaker under
section 4C entitling the bookmaker to
carry on that business at that approved
off-course premises; or".
(2) In section 92(2) of the Principal Act—
(a) for "or part of a racecourse" substitute
", part of a racecourse, an approved
off-course premises";
(b) for "inspection evidence of registration under
Part 5A of Chapter 4 of the Gambling
Regulation Act 2003 if so requested by an
authorised person." substitute—
"inspection—
(a) evidence of registration under Part 5A
of Chapter 4 of the Gambling
Regulation Act 2003; or
(b) in the case of a bookmaker's key
employee making and accepting bets
using a method of communication
approved by the Minister under
section 4A at premises not on a
racecourse—evidence of an approval
given to a bookmaker under section 4C
entitling the bookmaker to carry on that
business at that approved off-course
premises—
if so requested by an authorised person.".
(3) For section 92(3)(d) of the Principal Act
substitute—
"(d) a gambling and liquor inspector.".
s. 21
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Racing Legislation Amendment Act 2012
No. 55 of 2012
22
Authorised by the Chief Parliamentary Counsel
22 Repeal of amending Act
This Act is repealed on 31 March 2014.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
s. 22
-- 24 of 25 --
Racing Legislation Amendment Act 2012
No. 55 of 2012
23
Authorised by the Chief Parliamentary Counsel
ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 20 June 2012
Legislative Council: 30 August 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the
Racing Act 1958 and for other purposes."
Endnotes
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