racing legislation amendment act 2012file/12-055a.docx · web viewocpc-vic, word 2007, template...

Racing Legislation Amendment Act 2012 No. 55 of 2012

TABLE OF PROVISIONSSection Page

1 Purposes 12 Commencement 23 Principal Act 24 Definitions 25 Betting with registered bookmaker 36 Methods of remote betting 37 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 129 Annual report 1210 Racing Integrity Commissioner may direct that certain appeals

be heard—appeals to HRV Racing Appeals and Disciplinary Board 12

11 New section 50KA inserted 1350KA Appeals in respect of approvals for approved

off-course premises 1312 HRV Racing Appeals and Disciplinary Board may grant an

extension of time 1413 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 1483KA Appeals in respect of approvals for approved

off-course premises 1415 GRV Racing Appeals and Disciplinary Board may grant an

extension of time 1616 Reasons for decision 1617 New Part IIID inserted 16

PART IIID—FUNCTIONS AND POWERS OF GAMBLING AND LIQUOR INSPECTORS 16

83T Functions of gambling and liquor inspectors 1683U Right of entry 1783V Powers of gambling and liquor inspectors 1783W Power to require names and addresses 19

18 Section 84 definition 2019 Requirements for bookmakers to carry on business 2020 Bookmaker's licence levy 2021 Production of documents by bookmakers and bookmaker's

key employees 2022 Repeal of amending Act 22

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ENDNOTES 23

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;

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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;

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See:Act No.6353.Reprint No. 14as at20 August 2009and amendingAct Nos45/2003, 52/2009, 74/2010 and 58/2011.LawToday:www.legislation.vic.gov.au

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.

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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;

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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

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bookmaker under section 4C if the 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

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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

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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;

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(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—




(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—




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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—




(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—




(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

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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

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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".

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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.

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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—

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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—

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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.

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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

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provide information relating to the machinery, equipment or records;

(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

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police force if the gambling and liquor inspector is obstructed, or believes on reasonable grounds that he or she will 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

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her name or address unless the gambling and liquor inspector—

(a) suspects on reasonable grounds that the person has committed an offence; and

(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


(a) for "or part of a racecourse" substitute ", part of a racecourse, an approved off-course premises";

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(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 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".


(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—

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"(d) a gambling and liquor inspector.".

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).

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ENDNOTES

Endnotes

Racing Legislation Amendment Act 2012No. 55 of 2012

23

† 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."

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