{"id":"authorised-betting-operations-act-2000","name":"Authorised Betting Operations Act 2000","slug":"authorised-betting-operations-act-2000","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":31598,"registerId":"sa-authorised-betting-operations-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"Part 1—Preliminary\n1—Short title\nThis Act may be cited as the Authorised Betting Operations Act 2000.\n2—Objects\nThe objects of this Act are—\n\t(a)\tto ensure that those involved in the control, management and operation of authorised betting operations are fit and proper persons to exercise their respective functions and responsibilities; and\n\t(b)\tto ensure that authorised betting operations are conducted responsibly, fairly and honestly, with due regard to minimising the harm caused by gambling; and\n\t(c)\tto prohibit minors from gambling and ensure that minors are not encouraged to gamble; and\n\t(d)\tto ensure that the interest of the State in the taxation of gambling revenue arising from authorised betting operations is properly protected.\n3—Interpretation\n\t(1)\tIn this Act, unless the contrary intention appears—\nadvertising code of practice means an advertising code of practice prescribed under the Gambling Administration Act 2019;\nagent's licence—see section 34;\napproved contingency—see section 4;\napproved licensing agreement—see section 12;\nauthorised betting operator means—\n\t(a)\tthe holder of a licence under this Act; or\n\t(b)\tan authorised interstate betting operator;\nauthorised interstate betting operator—see section 40A(3);\nbetting exchange means a facility, electronic or otherwise, designed to provide a mechanism through which—\n\t(a)\toffers to make bets are regularly made and accepted; or\n\t(b)\toffers or invitations to make bets are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations,\nbut does not include a facility involved in the activities of a bookmaker or the conduct of totalisator betting;\nbookmaker's licence—see section 34;\ncash facility means—\n\t(a)\tan automatic teller machine; or\n\t(b)\tan EFTPOS facility; or\n\t(c)\tany other facility, prescribed by regulation, that enables a person to gain access to his or her funds or to credit;\nchild means a person under the age of 18 years;\nclose associates—see section 5;\nCommissioner has the same meaning as in the Gambling Administration Act 2019;\ncompliance notice—see section 69;\ncomprehensive licence means the comprehensive major betting operations licence granted under section 7(1);\nconduct betting operations—a person conducts betting operations if the person conducts totalisator betting, acts as a bookmaker or conducts a betting exchange;\ncontribution agreement—see section 62E;\ndesignated person—see section 20;\ndomestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not;\nexecutive officer of a body corporate is—\n\t(a)\ta secretary or public officer of the body corporate; or\n\t(b)\ta person responsible for managing the body corporate's business or any aspect of its business;\ngambling administration guidelines means the gambling administration guidelines issued by the Commissioner under the Gambling Administration Act 2019;\ngreyhound race or greyhound racing means a race or racing between greyhounds in competitive pursuit of a quarry or lure that is not a live animal;\nharness race or harness racing means a pacing race or trotting race or pacing or trotting;\nhorse race or horse racing does not include a harness race or harness racing;\nintegrity agreement—see section 62E;\ninterstate betting operator means—\n\t(a)\ta person who holds a prescribed interstate licence (including a licence that is suspended); or\n\t(b)\ta statutory body established under the law of another State or a Territory of the Commonwealth for the purpose of conducting betting operations in that State or Territory;\nlicensed bookmaker means a person who is the holder of a bookmaker's licence;\nlicensed racing club means a racing club that is the holder of an on-course totalisator betting licence;\nlimited licence means a limited major betting operations licence granted under section 7(3);\nmajor betting operations licence means the comprehensive licence or a limited licence granted under Part 2;\non-course totalisator betting means totalisator betting that takes place within a racecourse, and off-course totalisator betting has a corresponding meaning;\non-course totalisator betting licence—see section 34;\nprescribed interstate licence means a licence or other authority issued under the law of another State or a Territory of the Commonwealth authorising the holder to conduct betting operations in that State or Territory, but does not include a licence of a class excluded by regulation from the ambit of this definition;\nrace or racing means—\n\t(a)\ta horse race or horse racing; or\n\t(b)\ta harness race or harness racing; or\n\t(c)\ta greyhound race or greyhound racing;\nracecourse means a place where a race meeting is held by a racing club, and includes adjacent land or premises to which persons attending the meeting have access in connection with the meeting;\nrace meeting means a meeting at which horse races, harness races or greyhound races are held;\nracing club means a club or association that—\n\t(a)\tis a body corporate; and\n\t(b)\tis established for the purpose of holding race meetings; and\n\t(c)\tis unable, because of its constitution or its nature, lawfully to return profits to its members; and\n\t(d)\t—\n\t(i)\tis related to a racing controlling authority through its membership of the authority, or its membership of a body that is a member of the authority; or\n\t(ii)\tis registered by a racing controlling authority,\nand includes a racing controlling authority that holds race meetings;\nracing controlling authority—see section 6;\nracing distribution agreement—see section 13;\nresponsible gambling code of practice means a responsible gambling code of practice prescribed under the Gambling Administration Act 2019;\nspouse—a person is the spouse of another if they are legally married;\ntaxation default—section 73A;\ntelephone, Internet or other electronic means—see subsection (3);\ntotalisator betting means betting in accordance with a system under which the amount paid out in respect of a bet made on a particular contingency is affected by the total amount bet on that contingency, and totalisator bet has a corresponding meaning;\n24 hour sportsbetting licence—see section 34.\n\t(2)\tIn this Act, administrator, controller and liquidator have (unless the contrary intention appears) the same respective meanings as in the Corporations Act 2001 of the Commonwealth.\n\t(3)\tIn this Act, a reference to telephone, Internet or other electronic means is a reference to a means of communicating at a distance by the use of electronic devices.\n3A—Interaction with Gambling Administration Act 2019\nThis Act and the Gambling Administration Act 2019 will be read together as a single Act (and a reference in a provision of this Act to \"this Act\" will be taken to include, where relevant, a reference to the Gambling Administration Act 2019).\n4—Approved contingencies\n\t(1)\tThe Commissioner may approve, for all or specified betting operations—\n\t(a)\tcontingencies related to races within or outside Australia (other than races held by licensed racing clubs); or\n\t(b)\tcontingencies related to sporting or other events within or outside Australia; or\n\t(c)\tother contingencies.\n\t(2)\tThe Commissioner may vary or revoke an approval.\n\t(3)\tBefore approving contingencies or varying an approval, the Commissioner must—\n\t(a)\thave regard to—\n\t(i)\tthe standards of probity applying in relation to the contingencies; and\n\t(ii)\tavailable evidence of the past conduct of events to which the contingencies relate (if any); and\n\t(iii)\tthe likely nature and scale of betting operations in relation to the contingencies; and\n\t(iv)\twhether betting operations in relation to the contingencies are lawful in another State or a Territory of the Commonwealth; and\n\t(v)\tthe appropriateness in other respects of the contingencies for the conduct of betting operations generally or the particular betting operations concerned; and\n\t(ab)\tbe satisfied that the betting operations in relation to the contingencies do not allow betting in relation to amateur sporting events or sporting events where the only participants are children; and\n\t(b)\tgive prior written notice of the proposal to the Minister.\n\t(3a)\tThe Commissioner must, within 14 days after approving contingencies or varying or revoking an approval, publish a notice in the Gazette setting out the terms of the approval, variation or revocation.\n\t(4)\tThe Minister may give the Commissioner binding directions preventing or restricting the approval of contingencies.\n4A—Fit and proper person\n\t(1)\tA person is not a fit and proper person for a particular purpose under this Act if—\n\t(a)\tthe person has been found guilty or convicted of an offence as prescribed by the regulations; or\n\t(b)\tin the case of a body corporate—\n\t(i)\tthe body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or\n\t(ii)\tthe body corporate is a prescribed organisation; or\n\t(c)\tin the case of a natural person, the person—\n\t(i)\tis—\n\t(A)\ta member of a prescribed organisation; or\n\t(B)\ta close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or\n\t(ii)\tis an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth.\n\t(2)\tFor the purpose of determining whether a person is a fit and proper person for a particular purpose under this Act the Commissioner—\n\t(a)\tmay cause the person's photograph to be taken; and\n\t(b)\tmay cause the person's fingerprints to be taken; and\n\t(c)\tmay have regard to the following:\n\t(i)\tthe corporate structure of the person;\n\t(ii)\tthe person's financial background and resources;\n\t(iii)\tthe person's reputation;\n\t(iv)\tthe character, reputation and financial background of the person's close associates;\n\t(v)\tany representations made by the Minister;\n\t(vi)\tany other matters the Commissioner thinks fit.\n\t(3)\tIn this section—\nprescribed organisation—the following are prescribed organisations:\n\t(a)\ta declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008;\n\t(b)\ta criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935;\n\t(c)\tany other organisation prescribed by the regulations for the purposes of this definition.\n5—Close associates\n\t(1)\tTwo persons are close associates if—\n\t(a)\tone is a spouse, domestic partner, parent, brother, sister or child of the other; or\n\t(b)\tthey are members of the same household; or\n\t(c)\tthey are in partnership; or\n\t(d)\tthey are joint venturers; or\n\t(da)\tthey are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or\n\t(e)\tone is a body corporate and the other is a director or executive officer of the body corporate; or\n\t(f)\tone is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or\n\t(g)\tone is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding in the body corporate; or\n\t(h)\tone has a right to participate (otherwise than as a shareholder in a body corporate) in, or is remunerated by reference to, proceeds or profits derived from a business conducted by the other; or\n\t(i)\tone is in a position to exercise control or significant influence over the conduct of the other; or\n\t(j)\ta chain of relationships can be traced between them under any one or more of the above paragraphs.\n\t(1a)\tFor the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person.\n\t(2)\tIn subsection (1)—\nprescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth;\nsubstantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth.\n6—Designation of racing controlling authorities\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\tdesignate a body as the racing controlling authority for horse racing;\n\t(b)\tdesignate a body as the racing controlling authority for harness racing;\n\t(c)\tdesignate a body as the racing controlling authority for greyhound racing.\n\t(2)\tThe Governor may, by subsequent proclamation, substitute the body designated as a racing controlling authority.\n6A—Commissioner may approve staff training courses\n\t(1)\tThe Commissioner may, on application by a person, approve courses of training to be undertaken by staff involved in betting operations.\n\t(2)\tThe Commissioner must not approve a training course under this section unless the course complies with the requirements of any applicable responsible gambling codes of practice or any applicable gambling administration guidelines.\n\t(3)\tThe Commissioner may—\n\t(a)\ton the Commissioner's own initiative, by written notice to the training course provider, relevant authorised betting operator and a relevant body representative of licensees or authorised interstate betting operators; or\n\t(b)\ton application by a training course provider,\nvary or revoke an approval under this section.\n\t(4)\tBefore the Commissioner varies or revokes an approval under subsection (3)(a), the Commissioner must—\n\t(a)\tgive notice in writing of the proposed variation or revocation to the training course provider, relevant authorised betting operator or relevant body representative of licensees or authorised interstate betting operators; and\n\t(b)\tconsider any representations made by the provider, operator or body within 21 days after the notice is given or a longer period allowed in the notice.\n","sortOrder":0},{"sectionNumber":"Part 2","sectionType":"part","heading":"Major betting operations licences","content":"Part 2—Major betting operations licences\n","sortOrder":1},{"sectionNumber":"Div 1","sectionType":"division","heading":"Grant, renewal and conditions of licences","content":"Division 1—Grant, renewal and conditions of licences\n7—Grant of licences\n\t(1)\tThe Governor may grant a comprehensive major betting operations licence.\n\t(2)\tThere is not to be more than one comprehensive major betting operations licence in force under this Act at the same time.\n\t(3)\tThe Governor may grant any number of limited major betting operations licences.\n\t(4)\tThe grant of a licence is to be made, on the recommendation of the Commissioner, to an applicant for the licence.\n\t(5)\tThe Governor is not bound to act in accordance with the Commissioner's recommendation.\n8—Eligibility to hold licence\nThe holder of a licence must be a body corporate.\n9—Authority conferred by licence\n\t(1)\tThe comprehensive licence may authorise the licensee—\n\t(a)\tto conduct off-course totalisator betting on races held by licensed racing clubs;\n\t(b)\tto conduct off-course totalisator betting on approved contingencies;\n\t(c)\tto conduct on-course totalisator betting under agreements with licensed racing clubs on races held by licensed racing clubs and on approved contingencies;\n\t(d)\tto conduct other forms of betting on races held by licensed racing clubs or on approved contingencies,\nin accordance with this Act.\n\t(2)\tA limited licence may authorise the licensee—\n\t(a)\tto conduct off-course totalisator betting on races held by licensed racing clubs;\n\t(b)\tto conduct off-course totalisator betting on approved contingencies;\n\t(c)\tto conduct other forms of betting on races held by licensed racing clubs or on approved contingencies,\nprovided that the following requirements are complied with:\n\t(d)\tthe betting must be conducted only by telephone, Internet or other electronic means and otherwise in accordance with this Act;\n\t(e)\tthe licensee must not directly or indirectly make available, or in any way facilitate the provision of, a telephone, computer or other device capable of being used for the conduct of betting by telephone, Internet or other electronic means to a person in South Australia for the purpose of encouraging or facilitating such betting.\n10—Term and renewal of licence\n\t(1)\tA licence is to be granted for a term fixed under the licensee's approved licensing agreement.\n\t(2)\tIf before the end of a term for which a licence has been granted or renewed a new approved licensing agreement and, in the case of the comprehensive licence, a new racing distribution agreement are entered into, the Governor may, on the recommendation of the Commissioner, renew the licence for a term fixed under the renegotiated approved licensing agreement.\n\t(3)\tThe Governor is not bound to act in accordance with the Commissioner's recommendation and the licensee is to have no entitlement to, or legitimate expectation of, renewal.\n11—Conditions of licence\n\t(1)\tThe conditions of a licence consist of—\n\t(a)\tthe conditions fixed by this Act; and\n\t(b)\tthe conditions (supplementary licence conditions) fixed by or in accordance with the licensee's approved licensing agreement.\n\t(2)\tSubject to the licensee's approved licensing agreement, the Governor may, on the recommendation of the Commissioner, vary supplementary licence conditions.\n\t(3)\tThe Governor is not bound to act in accordance with the Commissioner's recommendation.\n","sortOrder":2},{"sectionNumber":"Div 2","sectionType":"division","heading":"Agreements with licensee","content":"Division 2—Agreements with licensee\n12—Approved licensing agreements\n\t(1)\tThere is to be an agreement (the approved licensing agreement) between a licensee and the Minister about—\n\t(a)\tthe scope and operation of the licensed business; and\n\t(b)\tthe term of the licence; and\n\t(c)\tthe conditions of the licence; and\n\t(d)\tthe performance of the licensee's responsibilities under the licence or this Act.\n\t(2)\tAn agreement may deal with other subjects relevant to the licence or the licensed business.\n\t(3)\tAn agreement—\n\t(a)\tis to be entered into with a prospective licensee before the licence is granted or with the licensee before renewal of the licence; and\n\t(b)\tis to remain in force for the term of the licence; and\n\t(c)\tmust be consistent with the provisions of this Act.\n\t(4)\tIf an agreement so provides, specified provisions of the agreement become conditions of the licence.\n\t(5)\tAn agreement may require the Minister or the Commissioner to provide information relating to the licensee or the licensee's operations under the licence to a specified person and, if it does so, the information may be provided without breaching any other law.\n\t(6)\tAn agreement may contain provisions governing the exercise of powers of the Minister or the Commissioner under this Act or the Gambling Administration Act 2019.\n\t(7)\tAn agreement binds—\n\t(a)\tthe licensee; and\n\t(b)\tthe Minister; and\n\t(d)\tthe Commissioner; and\n\t(e)\tif the agreement so provides, any other person who consents to be bound by the agreement,\nto the extent provided in the agreement.\n\t(8)\tAn agreement may contain provisions governing its variation by later agreement, but such a variation must be consistent with the provisions of this Act.\n\t(9)\tAn agreement may contain an assurance, on terms and conditions fixed in the agreement, that the licensee's right to conduct specified betting operations in this State will be an exclusive right and not be impugned during a period set out in the agreement.\n\t(11)\tAn agreement must contain provisions fixing, for a form of betting in which the actual amounts payable on winning bets are not pre-determined, the maximum proportion of money invested that may be retained by the licensee.\n\t(12)\tEntering into, giving effect to, or enforcing an agreement is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia.\n\t(13)\tIn subsection (12)—\nentering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement;\ngiving effect to an agreement includes complying with an obligation or exercising a right or power under the agreement.\n13—Racing distribution agreements\n\t(1)\tAt all times during the term of the comprehensive licence the licensee must have in force an agreement (the racing distribution agreement) with the racing industry about terms and conditions on which the licensee may conduct betting operations on races held by licensed racing clubs.\n\t(2)\tWithout limiting the matters that may be included in the agreement, the agreement must include provisions relating to—\n\t(a)\tthe arrangement of racing programs and the provision of racing information to the licensee; and\n\t(b)\tthe payments to be made by the licensee to the racing industry.\n\t(3)\tThe agreement is to be entered into with a prospective licensee before the licence is granted or with the licensee before renewal of the licence.\n\t(4)\tThe agreement may be varied by a later agreement between the parties.\n\t(5)\tIt is a condition of the comprehensive licence that the licensee must perform its obligations under the agreement.\n\t(6)\tEach racing controlling authority and its related licensed racing clubs are taken to be parties to a contract under seal under which each of the licensed racing clubs agrees to comply with any directions given by the controlling authority for the purposes of enabling the racing industry to perform its obligations and exercise its rights under the agreement.\n\t(7)\tEach racing controlling authority must give directions to its related licensed racing clubs as required for the purposes of enabling the racing industry to perform its obligations and exercise its rights under the agreement.\n\t(8)\tThe following is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia:\n\t(a)\tentering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the acquisition by the licensee or another person specified in the agreement of racing information from a person other than the person specified in the agreement as the supplier of the information;\n\t(b)\tentering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the supply by a person specified in the agreement of racing information to a person other than the licensee or another person specified in the agreement;\n\t(c)\tentering into, giving effect to, or enforcing the agreement in so far as such conduct prevents or restricts the supply by the licensee or a person specified in the agreement of racing information received in accordance with the agreement to another person;\n\t(d)\tentering into, giving effect to, or enforcing the agreement in so far as such conduct lessens competition in relation to the conduct of on-course totalisator betting operations;\n\t(e)\tentering into, giving effect to, or enforcing provisions of the agreement prescribed by regulation.\n\t(9)\tIn this section—\nentering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement;\ngiving effect to the agreement, or provisions of the agreement, includes—\n\t(a)\tcomplying with an obligation or exercising a right or power under the agreement or provisions; and\n\t(b)\tgiving or complying with a direction referred to in subsection (6) or (7);\nracing industry means either or both of the following:\n\t(a)\tthe racing controlling authorities; or\n\t(b)\ta body for the time being nominated to the Minister by the racing controlling authorities as a body representative of the racing controlling authorities;\nracing information means information about races held within the State or elsewhere in Australia;\nrelated licensed racing club, in relation to a racing controlling authority, means a licensed racing club that—\n\t(a)\tis related to the racing controlling authority through its membership of the authority, or its membership of a body that is a member of the authority; or\n\t(b)\tis registered by the racing controlling authority.\n15—Approved licensing agreement to be tabled in Parliament\nThe Minister must, within 12 sitting days after entering into an approved licensing agreement or an agreement for the variation of an approved licensing agreement, have copies of the agreement laid before both Houses of Parliament.\n","sortOrder":3},{"sectionNumber":"Div 3","sectionType":"division","heading":"Dealings with licence or licensed business","content":"Division 3—Dealings with licence or licensed business\n16—Transfer of licence\n\t(1)\tThe Governor may, on the recommendation of the Commissioner, approve the transfer of a licence.\n\t(3)\tOn a transfer of a licence—\n\t(a)\tthe transferee succeeds to all the rights and obligations of the transferor under the approved licensing agreement and, in the case of the comprehensive licence, the racing distribution agreement; and\n\t(b)\tthe approved licensing agreement governs the conditions of the licence in the same way and to the same extent as before the transfer.\n\t(4)\tThe Governor is not bound to act in accordance with the Commissioner's recommendation.\n17—Dealings affecting licensed business\n\t(1)\tA licensee must not enter into any of the following transactions without the approval of the Commissioner:\n\t(a)\ta partnership agreement that relates to betting operations conducted or to be conducted under the licence;\n\t(b)\tan agreement or arrangement under which the licensee conducts or is to conduct betting operations under the licence jointly with another or as the agent of another;\n\t(c)\tan agreement or arrangement under which a person participates in, or is remunerated by reference to, proceeds or profits of the business conducted or to be conducted under the licence;\n\t(d)\ta transaction to mortgage, charge or encumber the licence or assets associated with operations under the licence;\n\t(e)\tan agreement or arrangement under which the licensee disposes of, or grants an interest in, the business conducted under the licence.\n\t(2)\tThis section does not invalidate an agreement or arrangement made subject to a condition precedent under which it is not to take effect until approved by the Commissioner.\n18—Other transactions under which outsiders may acquire control or influence\n\t(1)\tThis section applies to a transaction if it is a transaction (other than one for which the Commissioner's approval is required under this Division) under which a person or a group of persons who are close associates of each other attain a position of control or significant influence over the conduct of a licensee.\n\t(2)\tWithin 14 days after a licensee becomes aware of a transaction to which this section applies, the licensee must—\n\t(a)\tinform the Commissioner of the transaction; and\n\t(b)\tprovide any information about the transaction that is available to the licensee.\nMaximum penalty: $50 000.\n\t(3)\tIf a licensee is a party to a transaction to which this section applies, and the transaction takes effect before the Commissioner approves it, the licensee is liable to disciplinary action.\n\t(4)\tIf a transaction to which this section applies has not been approved or ratified by the Commissioner, the Commissioner may, after allowing the parties to the transaction a reasonable opportunity to be heard, make orders of one or more of the following kinds:\n\t(a)\tan order avoiding the transaction;\n\t(b)\tan order requiring a person who has acquired an interest under the transaction to dispose of that interest within a specified time;\n\t(c)\tan order terminating a contractual or other relationship under which control or influence might be exercised over the licensee;\n\t(d)\tan order preventing or regulating the exercise of power or influence acquired as a result of the transaction;\n\t(e)\tan order (which may include an order for restitution) dealing with any consequential or ancillary issues.\n\t(5)\tThe Supreme Court may, if satisfied on application by the Commissioner that there is good reason to do so, register an order of the Commissioner in the Court and, on registration, the order may be enforced as a judgment of the Court.\n19—Surrender of licence\n\t(1)\tA licensee may, with the approval of the Commissioner, surrender the licence.\n\t(2)\tThe surrender of a licence does not affect liabilities incurred by the licensee before the surrender takes effect.\n","sortOrder":4},{"sectionNumber":"Div 4","sectionType":"division","heading":"Approval of designated persons","content":"Division 4—Approval of designated persons\n20—Approval of designated persons\n\t(1)\tA licensee must ensure that each person who becomes a designated person in relation to the licensee has been approved by the Commissioner.\n\t(1a)\tThe Commissioner must give the Commissioner of Police a copy of all applications made under this section and must allow the Commissioner of Police a reasonable opportunity to make representations on the application.\n\t(1b)\tThe Commissioner of Police must make available to the Commissioner information about criminal convictions and other information to which the Commissioner of Police has access relevant to whether the application should be granted.\n\t(2)\tA licensee must, within 14 days after a person ceases to be a designated person in relation to the licensee, give the Commissioner written notice identifying the person and stating the date when, and the reason why, the person ceased to be a designated person.\nMaximum penalty: $5 000.\n\t(3)\tThis section applies in relation to designated persons other than directors of a licensee subject to any limitation for the time being specified by the Commissioner by written notice to a licensee.\n\t(5)\tThis section does not apply in respect of an administrator, controller or liquidator of a licensee who has assumed control over the licensed business or a person acting on the authority of such a person.\ndesignated person, in relation to a licensee, means—\n\t(a)\ta director of a licensee; or\n\t(b)\tan executive officer of a licensee; or\n\t(c)\ta person, or a person of a class, designated by the Commissioner for the purpose.\n","sortOrder":5},{"sectionNumber":"Div 5","sectionType":"division","heading":"Applications and criteria for determination of applications","content":"Division 5—Applications and criteria for determination of applications\n21—Applications\n\t(1)\tThe following applications may be made to the Commissioner:\n\t(a)\tan application for the grant, renewal or transfer of a licence;\n\t(b)\tan application for the Commissioner's approval or ratification of a transaction to which Division 3 applies (other than the transfer of a licence);\n\t(c)\tan application for the Commissioner's approval of a transaction to which Division 3 would apply if the transaction were entered into;\n\t(d)\tan application for the Commissioner's approval of a person to become a designated person in relation to a licensee.\n\t(2)\tAn application—\n\t(a)\tmust be in the form required by the Commissioner; and\n\t(b)\tmust be supported by the information required by the Commissioner verified, if the Commissioner so requires, by statutory declaration; and\n\t(c)\tmust be made as follows:\n\t(i)\tin the case of an application for the Commissioner's approval of a transfer of a licence—the application must be made jointly by the proposed transferor and transferee;\n\t(ii)\tin the case of an application for the Commissioner's approval or ratification of a transaction to which Division 3 applies or would apply if the transaction were entered into (other than the transfer of a licence)—the application must be made by the licensee or one or more of the parties to the transaction;\n\t(iii)\tin the case of an application for the Commissioner's approval of a person to become a designated person in relation to a licensee—the application must be made by the licensee.\n\t(3)\tIf a change of circumstances occurs after an application is made but before it is determined, the applicant must immediately give the Commissioner full details of the change.\n\t(4)\tAn application may be withdrawn by the applicant, or any of the applicants, before the application is determined.\n22—Determination of applications\n\t(1)\tThe Commissioner must not recommend grant or renewal of a licence unless satisfied that the applicant is a suitable person to carry on the licensed business.\n\t(2)\tThe Commissioner must not recommend transfer of a licence unless satisfied that the proposed transferee is a suitable person to carry on the licensed business.\n\t(3)\tIf—\n\t(a)\ta transaction to which Division 3 applies results or might result in the acquisition by a person other than the licensee of power to conduct, or to control or exercise significant influence over the conduct of, a licensed business; or\n\t(b)\ta transaction to which Division 3 would apply if the transaction were entered into would or might result in the acquisition by a person other than the licensee of power to conduct, or to control or exercise significant influence over the conduct of, a licensed business,\nthe Commissioner must not approve or ratify the transaction unless satisfied that the person is or would be a suitable person to exercise the relevant power.\n\t(4)\tThe Commissioner must not approve a person to become a designated person in relation to a licensee unless satisfied that the person is a fit and proper person to become a designated person in relation to the licensee.\n\t(5)\tIn assessing the suitability of a person, the Commissioner may have regard to—\n\t(a)\tthe corporate structure of the person; and\n\t(b)\tthe person's financial background and resources; and\n\t(c)\tthe person's reputation; and\n\t(d)\tthe character, reputation, and financial background of the person's close associates; and\n\t(e)\tany representations made by the Minister; and\n\t(f)\tany other matters the Commissioner thinks fit.\n\t(6)\tIf the Commissioner approves a transaction to which Division 3 would apply if the transaction were entered into, the approval has effect for the purposes of Division 3 in relation to the transaction when it is entered into.\n","sortOrder":6},{"sectionNumber":"Div 6","sectionType":"division","heading":"Investigations by Commissioner","content":"Division 6—Investigations by Commissioner\n23—Investigations\n\t(1)\tThe Commissioner must carry out the investigations the Commissioner considers necessary to enable the Commissioner to make an appropriate recommendation or decision on an application under this Part.\n\t(2)\tThe Commissioner must keep under review the continued suitability of each licensee and each licensee's close associates, and carry out the investigations the Commissioner considers necessary for that purpose.\n\t(3)\tThe Commissioner may obtain from the Commissioner of Police such reports on persons as the Commissioner considers necessary for the purposes of investigations.\n24—Investigative powers\n\t(1)\tThe Commissioner may, by written notice—\n\t(a)\trequire any person to provide to the best of the person's knowledge and belief, information, verified by statutory declaration, on matters relevant to an investigation that are specified in the notice; or\n\t(b)\trequire any person to appear before the Commissioner for examination on matters relevant to an investigation; or\n\t(c)\trequire any person to produce to the Commissioner, within a period stated in the notice, documents or other material relevant to an investigation.\n\t(2)\tThe Commissioner may also require any person whose suitability to be concerned in or associated with a licensed business is under investigation to submit to the taking of photographs, finger prints and palm prints.\n\t(3)\tA person is guilty of an offence if the person—\n\t(a)\tfails to comply with a requirement made by the Commissioner under this section; or\n\t(b)\thaving appeared for examination before the Commissioner, refuses or fails to take an oath, or to answer a question to the best of the person's knowledge and belief, when required to do so by the Commissioner.\n\t(4)\tThe powers conferred by this section are in addition to those conferred by the Gambling Administration Act 2019.\n25—Costs of investigation\n\t(1)\tIf the Commissioner carries out an investigation under this Part, the Commissioner must require—\n\t(a)\tin the case of an investigation in connection with an application—the applicant; or\n\t(b)\tin the case of an investigation in connection with review of the continued suitability of a licensee or a licensee's close associates—the licensee,\nto meet the cost of the investigation.\n\t(2)\tThe Commissioner may require the applicant or licensee to make specified payments towards the costs of the investigation before the investigation begins and during the course of the investigation.\n\t(3)\tIf a payment is not made by an applicant as required by the Commissioner, the Commissioner may discontinue the investigation.\n\t(4)\tAt the end of the investigation, the Commissioner must certify the cost of the investigation and any unpaid balance of that cost may be recovered from the applicant or licensee as a debt due to the State.\n\t(5)\tIn proceedings for recovery of the cost (or the balance of the cost) of an investigation, the Commissioner's certificate is to be regarded as conclusive evidence of that cost.\n\t(6)\tThis section does not apply in relation to an application for approval of a person to become a designated person in relation to a licensee.\n26—Results of investigation\nIf the Commissioner carries out an investigation under this Part, the Commissioner must notify the following persons of the results of the investigation:\n\t(a)\tthe Minister;\n\t(b)\tin the case of an investigation in connection with an application—the applicant;\n\t(c)\tin the case of an investigation in connection with review of the continued suitability of a licensee or a licensee's close associates—the licensee.\n","sortOrder":7},{"sectionNumber":"Div 6A","sectionType":"division","heading":"Notification of change of prescribed particulars","content":"Division 6A—Notification of change of prescribed particulars\n26A—Licensee to notify change of particulars\n\t(1)\tA licensee must, within 14 days after a change in any prescribed particulars, notify the Commissioner of that change.\n\t(a)\tany address for service or other email address, telephone number or street or postal address provided by the licensee to the Commissioner for purposes connected with the licence; and\n","sortOrder":8},{"sectionNumber":"Div 7","sectionType":"division","heading":"Accounts and audit","content":"Division 7—Accounts and audit\n27—Accounts and audit\n\t(1)\tA licensee must keep proper financial accounts in relation to the operation of the licensed business.\nMaximum penalty: $50 000.\n\t(3)\tA licensee must have the accounts periodically audited as required under the conditions of the licence by a registered company auditor.\n\t(4)\tThe licensee must, on the request of the Treasurer or the Commissioner and within the time specified in the request, provide to the Treasurer or Commissioner (as the case may be) a copy of the audited accounts in relation to the operation of the licensed business.\n29—Duty of auditor\n\t(1)\tThe auditor of accounts that a licensee is required to keep either under this Division or the Corporations Act 2001 of the Commonwealth must—\n\t(a)\tnotify the Commissioner of any suspected irregularity in the accounts or in the licensee's financial affairs; and\n\t(b)\tmust, on the written request of the Commissioner, provide the Commissioner with information specified in the request (in a manner and form specified in the request) about the accounts or the licensee's financial affairs.\n\t(2)\tA communication under subsection (1) is absolutely privileged.\n\t(3)\tThe Commissioner must, subject to subsection (4), keep information obtained under this section confidential.\n\t(4)\tThe Commissioner may divulge information obtained under this section to the Minister or as otherwise authorised by law.\n","sortOrder":9},{"sectionNumber":"Div 10","sectionType":"division","heading":"Recovery of administration costs","content":"Division 10—Recovery of administration costs\n33A—Commissioner to recover administration costs\n\t(1)\tThe Commissioner must, not less than 1 month before the commencement of each financial year, notify each licensee in writing of the amount fixed by the Minister as the recoverable administration costs for that financial year.\n\t(2)\tIf, during the course of the financial year, the Minister varies the amount fixed as the recoverable administration costs for the financial year, the Commissioner must notify each licensee in writing of the variation, specifying the amount fixed as the revised recoverable administration costs for that financial year.\n\t(3)\tSubject to subsection (4), a licensee must, in each month of the financial year, pay to the Commissioner one‑twelfth of the amount of the recoverable administration costs for that financial year.\n\t(4)\tIf a notice is given to a licensee under subsection (2), the licensee must, in each month of the financial year following that notice, pay to the Commissioner an amount equal to the revised recoverable administration costs specified in the notice less the total of the payments that have fallen due under this section in the financial year, divided by the number of payments yet to fall due under this section in the financial year.\n\t(5)\tIf the whole or a part of an amount payable by a licensee is not paid to the Commissioner as required, the amount unpaid may be recovered from the licensee as a debt due to the State.\n\t(6)\tIn proceedings for recovery of an amount unpaid, the Commissioner's certificate is to be regarded as conclusive evidence of the recoverable administration costs or revised recoverable administration costs for the period specified in the certificate.\n\t(7)\tIn this section—\nadministration costs means the costs of administering this Act arising out of, or in connection with, the carrying out of the Commissioner's administrative and regulatory functions in respect of a licensee.\n","sortOrder":10},{"sectionNumber":"Part 3","sectionType":"part","heading":"Bookmaker's and other licences","content":"Part 3—Bookmaker's and other licences\nDivision 1—Licences\n34—Classes of licences\n\t(1)\tThe Commissioner may grant the following classes of licences:\n\t(a)\ta licence (an on-course totalisator betting licence) authorising a racing club to conduct on-course totalisator betting in conjunction with a race meeting held by the club, or at other times authorised by the Commissioner, on races held by the club or another licensed racing club (excluding races of a prescribed kind) and on other races that are approved contingencies;\n\t(b)\ta licence (a bookmaker's licence) authorising a person to act as a bookmaker conducting fixed-odds betting on races held by licensed racing clubs (excluding races of a prescribed kind) and approved contingencies;\n\t(c)\ta licence (an agent's licence) authorising a person to act as the agent of a licensed bookmaker;\n\t(e)\ta licence (a 24 hour sportsbetting licence) authorising a licensed bookmaker to conduct fixed-odds betting on approved contingencies (excluding races) by telephone on a 24 hour basis.\n\t(2)\tA bookmaker's licence must not be granted—\n\t(a)\tto a child; or\n\t(b)\tto a body corporate unless—\n\t(i)\tthe body corporate is a proprietary company within the meaning of the Corporations Act 2001 of the Commonwealth and is taken to be registered in South Australia for the purposes of that Act; and\n\t(ii)\teach of the directors and shareholders of the body corporate holds a bookmaker's licence.\n\t(2a)\tAn agent's licence must not be granted to a body corporate or a child.\n\t(3)\tThe Minister may give the Commissioner binding directions about authorisations as to the conduct of on-course totalisator betting at times other than in conjunction with a race meeting.\n\t(4)\tThe Minister may give the Commissioner binding directions about the granting of a 24 hour sportsbetting licence.\n35—Term of licence\n\t(1)\tA licence granted under this Part will, subject to this Act, have effect for a period specified in the licence and may be renewed from time to time in accordance with the regulations.\n\t(2)\tThe Minister may give the Commissioner binding directions about the term of an on-course totalisator betting licence.\n36—Conditions of licences\n\t(1)\tThe Commissioner may, on granting or renewing a licence under this Part, attach conditions to the licence.\n\t(2)\tThe Commissioner may, by written notice to the person granted a licence under this Part, vary or revoke a condition attached to the licence or attach a further condition.\n\t(3)\tAn on-course totalisator betting licence must have attached to it conditions fixing the maximum proportion of money invested in totalisator betting that may be retained by the licensee.\n\t(4)\tThe Minister may give the Commissioner binding directions about conditions to be attached to a licence under subsection (3).\n\t(5)\tThe Minister may give the Commissioner binding directions about a condition to be attached to a 24 hour sportsbetting licence under subsection (1) or (2) preventing betting operations being conducted under that licence on a specified day.\n37—Application for grant or renewal, or variation of condition, of licence\n\t(1)\tAn application for the grant or renewal, or variation of a condition, of a licence under this Part—\n\t(a)\tmust be made to the Commissioner in the form required by the Commissioner; and\n\t(b)\tmust be supported by the information required by the Commissioner verified, if the Commissioner so requires, by statutory declaration; and\n\t(c)\tmust be accompanied by the fee fixed by regulation.\n38—Determination of applications\n\t(1)\tThe Commissioner must not grant or renew a licence under this Part unless satisfied—\n\t(a)\tthat the applicant is a fit and proper person to hold the licence; and\n\t(b)\tin the case of an on-course totalisator betting licence—as to the adequacy of the standards of probity that will apply to races held by the racing club.\n38A—Suspension of body corporate licence\nA bookmaker's licence held by a body corporate is suspended for any period during which any director or shareholder of the body corporate does not hold a bookmaker's licence.\n38B—Licensee to notify change of particulars\n\t(1)\tThe holder of a licence under this Part must, within 14 days after a change in any prescribed particulars, notify the Commissioner of that change.\n\t(a)\tany address for service or other email address, telephone number or street or postal address provided by the licensee to the Commissioner for purposes connected with the licence; and\n","sortOrder":11},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Authorisation of interstate betting operators","content":"Part 3A—Authorisation of interstate betting operators\n40A—Authorisation of interstate betting operators\n\t(1)\tAn interstate betting operator may give notice to the Commissioner of—\n\t(a)\tthe operator's intention to conduct betting operations in this State as from a specified date; or\n\t(b)\tthe cessation of the conduct of those betting operations in this State as from a specified date.\n\t(2)\tThe notice must be in the form and be given in the manner required by the Commissioner.\n\t(3)\tFor the purposes of this Act, an interstate betting operator is an authorised interstate betting operator on and from the date specified in a notice of intention to conduct betting operations until the date specified in a notice of the cessation of the conduct of the betting operations.\n\t(4)\tAn authorised interstate betting operator is authorised to conduct betting operations in this State provided that—\n\t(a)\tthe betting is conducted only by telephone, Internet or other electronic means; and\n\t(b)\tthe operator does not directly or indirectly make available, or in any way facilitate the provision of, a telephone, computer or other device capable of being used for the conduct of betting by telephone, Internet or other electronic means to a person in South Australia for the purpose of encouraging or facilitating such betting; and\n\t(c)\tthe betting relates only to races held by licensed racing clubs and approved contingencies; and\n\t(d)\tthe operator is authorised to conduct the operations under a prescribed interstate licence or in the operator's capacity as a statutory body; and\n\t(e)\ta prescribed interstate licence held by the operator authorising the operations is not suspended; and\n\t(f)\tthe operator is not prohibited from conducting the operations under this Act.\n\t(5)\tThe Commissioner must keep a list of authorised interstate betting operators (including details of notices given under this section and any disciplinary action taken against operators) available for inspection on a website to which the public has access free of charge.\n\t(5a)\tAn authorised interstate betting operator must, on or before 30 September in each year, lodge with the Commissioner an annual return containing the information required by the Commissioner by written notice.\n\t(6)\tFor the purposes of this section—\n\t(a)\tif a person in this State may make a bet with an interstate betting operator, the operator conducts betting operations in this State; and\n\t(b)\tif a person in this State may make a bet by means of a betting exchange, the person who conducts the betting exchange conducts betting operations in this State.\n40AA—Interstate betting operator to notify change of particulars\n\t(1)\tAn authorised interstate betting operator must, within 14 days after a change in any prescribed particulars, notify the Commissioner of that change.\n\t(a)\tany address for service or other email address, telephone number or street or postal address provided by the authorised interstate betting operator to the Commissioner for purposes connected with the authorisation; and\n","sortOrder":12},{"sectionNumber":"Part 3B","sectionType":"part","heading":"Taxation","content":"Part 3B—Taxation\nDivision 1—Preliminary\n40B—Interpretation\nIn this Part—\nbetting operations tax—see section 40D(1);\nbetting operator means—\n\t(a)\tan authorised betting operator; and\n\t(b)\tany person who earns revenue as a result of accepting bets from, or providing a service through which bets are made by, persons who were located in South Australia at the time of making the bet or using the service (not being a person who is licensed or authorised to accept such bets, or provide such a service, under a law of the State);\nmulti-jurisdictional agreement—see section 40F(1);\nnet State wagering revenue—the net State wagering revenue of a betting operator for a financial year is the sum of—\n\t(a)\tthe total amount of all bets made with, or using a service provided by, the betting operator during the financial year by persons who were located in South Australia at the time of making the bet or using the service; and\n\t(b)\tthe total of any fees, commission or other amounts of a kind prescribed by the regulations (in relation to betting operators generally or in relation to particular betting operators or classes of betting operators) associated with making the bets or using the service,\nless—\n\t(c)\tthe total amount of all winnings paid or payable in respect of those bets; and\n\t(d)\tthe total of any other amounts of a kind prescribed by the regulations (in relation to betting operators generally or in relation to particular betting operators or classes of betting operators);\nparticipating jurisdiction means South Australia and any other Australian jurisdiction that enters, through the agency of a Minister of the Crown, into a multi-jurisdictional agreement.\nDivision 2—Betting operations tax\n40C—Taxation Administration Act\nSubject to any regulations made under section 40H(1)(f), this Part must be read together with the Taxation Administration Act 1996 which makes provision for the administration and enforcement of this Part and other taxation laws.\n40D—Liability to pay tax\n\t(1)\tA betting operator is liable to pay tax (betting operations tax) to the Commissioner of State Taxation on the operator's net State wagering revenue for a financial year.\n\t(2)\tBetting operations tax is payable in respect of a financial year as follows:\n\t(a)\tif the net State wagering revenue for the financial year is less than $150 000—no tax is payable;\n\t(b)\tif the net State wagering revenue for the financial year is $150 000 or more—tax is payable at the rate of 15% of the amount of net State wagering revenue in excess of $150 000.\n40E—Payments to Fund\n\t(1)\tSubject to this section, the Commissioner of State Taxation must pay, out of the taxation revenue collected under this Division during each financial year, an amount of $500 000 into the Gamblers Rehabilitation Fund established under the Gaming Machines Act 1992 (the Fund).\n\t(2)\tThe amount required to be paid into the Fund in respect of taxation revenue collected during a particular financial year is, on or after 1 January 2018, to be adjusted on 1 January of each year by multiplying the amount that would be required to be paid in accordance with subsection (1) by a proportion obtained by dividing the CPI for the September quarter of the immediately preceding year by the CPI for the September quarter, 2016, on the basis that the quotient used for the purposes of the adjustment will be calculated to 2 decimal places and that the amount obtained from the adjustment will be rounded to the nearest dollar.\n\t(3)\tRegulations made under section 40H(1)(i) may require the Commissioner of State Taxation to pay amounts into the Fund in addition to the amounts required under this section.\n\t(4)\tIf in any financial year the revenue collected under this Division is insufficient to make the payment required by this section, the Commissioner of State Taxation is relieved of the obligation to make the payment under this section to the extent of the insufficiency.\n\t(5)\tAmounts paid into the Fund under this section may be applied and dealt with as if they had been paid into the Fund under the Gaming Machines Act 1992.\nCPI means the Consumer Price Index (All groups index for Adelaide) published by the Australian Bureau of Statistics.\nDivision 3—Multi-jurisdictional agreements\n40F—Treasurer may enter into agreements\n\t(1)\tThe Treasurer may enter into an agreement (a multi-jurisdictional agreement) with 1 or more other Australian jurisdictions to establish and implement processes for achieving improvements in the assessment and collection of taxes, interest and penalties imposed by the participating jurisdictions on betting operations that are carried on in multiple jurisdictions.\n\t(2)\tA multi-jurisdictional agreement may, for example—\n\t(a)\tprovide for collection of relevant taxes, interest and penalties by a participating jurisdiction on behalf of other participating jurisdictions and for the distribution of monies so collected;\n\t(b)\tprovide for each participating jurisdiction to collect, on behalf of all jurisdictions, taxes, interest and penalties payable to those jurisdictions by operators whose businesses are based in the collecting jurisdiction;\n\t(c)\tprovide for a participating jurisdiction to undertake audits or investigations in respect of taxes, interest and penalties payable by a betting operator under the law of another participating jurisdiction;\n\t(d)\tauthorise the performance or exercise of any functions or powers under this Act or the Taxation Administration Act 1996 by a specified authority of a participating jurisdiction (subject to subsection (4) and any other limitations specified in the agreement);\n\t(e)\tauthorise the performance or exercise of any functions or powers under a specified law of another participating jurisdiction by the Commissioner of State Taxation (subject to any law of that jurisdiction and any limitations specified in the agreement);\n\t(f)\tprovide for participating jurisdictions to assist each other in making timely and accurate determinations of relevant taxes, interest and penalties payable by sharing information available to them (including the results of audits and investigations and any other information of a kind specified by the agreement);\n\t(g)\tmake provision for any other measures or matters that the parties consider necessary or expedient for achieving improvements in the assessment or collection of relevant taxes, interest and penalties or for implementing the processes established by the agreement for that purpose.\n\t(3)\tA multi-jurisdictional agreement will operate for such period, and be able to be varied or terminated in such a manner, as the participating jurisdictions agree.\n\t(4)\tA multi-jurisdictional agreement—\n\t(a)\tmust be consistent with the provisions of this Act and the Taxation Administration Act 1996 (subject to any modifications prescribed by regulations made under section 40H(1)(f)); and\n\t(b)\tcannot authorise a participating jurisdiction—\n\t(i)\tto make a binding determination of the amount of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction; or\n\t(ii)\tto take enforcement action in respect of tax, interest or penalties payable by a betting operator under the laws of another participating jurisdiction.\n40G—Commissioner of State Taxation must implement agreements\nThe Commissioner of State Taxation must take such action as is necessary or expedient for giving effect to a multi-jurisdictional agreement. \nDivision 4—Regulations\n40H—Regulations\n\t(1)\tRegulations made for the purposes of this Part may—\n\t(a)\tprovide for the payment of betting operations tax (including for payment of the tax by instalments payable after or during the financial year to which the tax instalments relate); and\n\t(b)\timpose requirements in relation to record keeping and the preparation and lodgement of returns; and\n\t(c)\tprescribe the form of any record or return; and\n\t(d)\tprescribe consequences for failure to lodge a return or other document required to be provided under the regulations (or for failure to lodge such a return or document at the required time) including requiring the payment of interest or a monetary penalty or prohibiting the conduct of betting operations, or specified betting operations, until the failure is rectified; and\n\t(e)\tmake any provision that is necessary or expedient for giving effect to a multi-jurisdictional agreement; and\n\t(f)\tmodify the application of the Taxation Administration Act 1996 in relation to this Part or any matter that is, or may be, provided for under a multi-jurisdictional agreement; and\n\t(g)\tprescribe exceptions to and exemptions from liability to betting operations tax; and\n\t(h)\tprescribe circumstances in which there is an entitlement to a refund of betting operations tax paid; and\n\t(i)\tprovide for revenue collected under this Part, or any portion of such revenue, to be paid into a specified fund or funds and applied for prescribed purposes or in a prescribed manner; and\n\t(j)\tmake any provision to regulate such a fund.\n\t(2)\tRegulations made for the purposes of this Part may provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister, the Commissioner or the Commissioner of State Taxation.\n\t(3)\tA regulation providing for any revenue collected under this Part to be paid into a specified fund or funds and applied for prescribed purposes or in a prescribed manner is sufficient authority for the making of such payments without further appropriation.\n\t(4)\tThis section has effect in addition to section 91.\n","sortOrder":13},{"sectionNumber":"Part 4","sectionType":"part","heading":"Regulation of betting operations","content":"Part 4—Regulation of betting operations\nDivision 1—Major betting operations and on-course totalisator betting operations\n41—Approval of rules, systems, procedures and equipment\n\t(1)\tIt is a condition of a major betting operations licence or an on-course totalisator betting licence that the following must be approved by the Commissioner:\n\t(a)\tthe rules governing the betting operations conducted under the licence; and\n\t(b)\tsystems and procedures for monitoring and enforcing compliance with those rules and for reporting and dealing with any non-compliance; and\n\t(c)\tother systems and procedures, or equipment of a kind, that the Commissioner determines from time to time to be subject to this section.\n\t(2)\tWithout limiting the matters dealt with by rules, the rules must, for a form of betting in which the actual amounts payable on winning bets are not pre-determined, clearly set out—\n\t(a)\tthe method of calculation of winnings; and\n\t(b)\tthe proportion of money invested that will be retained by the licensee.\n\t(3)\tIt is a condition of a major betting operations licence or an on-course totalisator betting licence that the licensee must ensure—\n\t(a)\tthat the rules are published in a manner approved by the Commissioner; and\n\t(b)\tthat the operations under the licence conform with the rules and the systems and procedures approved under this section; and\n\t(c)\tthat equipment of a kind that must be approved by the Commissioner is not installed or used unless so approved or contrary to any instructions of the Commissioner.\n\t(4)\tBefore the Commissioner makes a determination for the purposes of subsection (1)(c), the Commissioner must—\n\t(a)\tgive written notice to the licensee concerned of the proposed determination; and\n\t(b)\tconsider any representations made by the licensee about the proposed determination within 14 days after the notice is given or a longer period allowed in the notice.\n42—Location of off-course totalisator offices, branches and agencies\n\t(1)\tIt is a condition of the comprehensive licence that the licensee must not establish an office, branch or agency at which the public may attend to make bets with the licensee without obtaining the Commissioner's approval of the location of the office, branch or agency.\n\t(2)\tThe Minister may give the Commissioner binding directions preventing or restricting the approval of the location of offices, branches or agencies.\n43—Prevention of betting by children\n\t(1)\tIt is a condition of a major betting operations licence or an on-course totalisator betting licence—\n\t(a)\tthat the licensee must not accept or offer to accept a bet from a child; and\n\t(b)\tthat the licensee must have systems and procedures approved by the Commissioner designed to prevent bets from being made by children in the course of the licensee's betting operations; and\n\t(c)\tthat the licensee must ensure that the operations under the licence conform with the systems and procedures approved under this section.\n\t(2)\tIn approving systems and procedures under this section, the Commissioner must have regard to any relevant requirements in the gambling administration guidelines for systems and procedures designed to prevent bets from being made by children in the course of betting operations conducted by telephone, Internet or other electronic means.\n44—Prohibition of lending or extension of credit\nIt is a condition of a major betting operations licence or an on-course totalisator betting licence that the licensee must not—\n\t(a)\taccept a bet unless the licensee has received the amount of the bet; or\n\t(b)\tin connection with the making of a bet, lend money or anything that might be converted into money or extend any other form of credit.\n45—Cash facilities not to be in certain areas staffed and managed by comprehensive licensee\nIt is a condition of the comprehensive licence that the licensee must not provide, or allow another person to provide, a cash facility within a part of premises that is staffed and managed by the licensee and at which the public may attend to make bets.\n46—Player return information\n\t(1)\tIt is a condition of the comprehensive licence or an on-course totalisator betting licence that the licensee must, in accordance with determinations made from time to time by the Commissioner, provide information relating to player returns at places at which the public may attend to make bets with the licensee, on betting tickets issued by the licensee and otherwise as required by the Commissioner.\n\t(1aa)\tIt is a condition of a limited licence that the licensee must, in accordance with determinations made from time to time by the Commissioner, provide information relating to player returns on bets made with the licensee by persons who were located in South Australia at the time of making the bet and otherwise as required by the Commissioner.\n\t(1a)\tThe information provided under subsection (1) or (1aa) may relate to average or minimum player returns across all forms of betting with the licensee in which the actual amounts payable on winning bets are not pre-determined.\n\t(2)\tBefore the Commissioner makes a determination for the purposes of this section, the Commissioner must—\n\t(a)\tgive written notice to the licensee concerned of the proposed determination; and\n\t(b)\tconsider any representations made by the licensee about the proposed determination within 14 days after the notice is given or a longer period allowed in the notice.\n\t(3)\tIn this section—\nplayer return means the money that will be returned to persons making bets with the licensee in a form of betting in which the actual amounts payable on winning bets are not pre-determined.\n47—Systems and procedures for dispute resolution\nIt is a condition of a major betting operations licence or an on-course totalisator betting licence—\n\t(a)\tthat the licensee must have systems and procedures approved by the Commissioner for the resolution of disputes about bets or winnings arising in the course of the licensee's betting operations; and\n\t(b)\tthat the licensee must ensure that the operations under the licence conform with the systems and procedures approved under this section.\n48—Advertising code of practice\nIt is a condition of a major betting operations licence or an on‑course totalisator betting licence that the licensee must ensure that advertising by the licensee conforms with the applicable advertising codes of practice.\n49—Responsible gambling code of practice\nIt is a condition of a major betting operations licence or an on‑course totalisator betting licence that the licensee must ensure that operations under the licence conform with the applicable responsible gambling codes of practice.\n51—Alteration of approved rules, systems, procedures or equipment\n\t(1)\tThe Commissioner may, by written notice to a licensee, require approved rules, systems, procedures or equipment to be altered as set out in the notice.\n\t(2)\tBefore the Commissioner makes a requirement under subsection (1), the Commissioner must, unless the Commissioner considers it contrary to the public interest to do so—\n\t(a)\tgive written notice to the licensee concerned of the proposed requirement; and\n\t(b)\tconsider any representations made by the licensee about the proposed requirement within 14 days after the notice is given or a longer period allowed in the notice.\n\t(3)\tIt is a condition of a major betting operations licence or an on-course totalisator betting licence that the licensee must ensure that all alterations required to be made under subsection (1) are made in accordance with the notice given under that subsection.\nDivision 2—Bookmaking operations\n53A—Bets by telephone, Internet or other electronic means\n\t(1)\tIt is a condition of a bookmaker's licence that the licensee must not accept bets made by telephone, Internet or other electronic means unless the licence is endorsed with an authorisation to do so.\n\t(2)\tAn endorsement may be expressed generally so as to authorise the acceptance of bets by all forms of electronic communication or may be limited to particular forms of electronic communication.\n\t(3)\tThe Minister may give the Commissioner binding directions about the granting of licences endorsed with an authorisation to accept bets made by telephone, Internet or other electronic means.\n54—Places at which bets may be accepted by bookmakers\n\t(1)\tIt is a condition of a bookmaker's licence that the licensee may only accept bets (not being bets made by telephone, Internet or other electronic means)—\n\t(a)\tat a racecourse on a day on which a licensed racing club is authorised to conduct on-course totalisator betting within that racecourse; or\n\t(c)\tat a place of a class declared by the Commissioner by notice in the Gazette (and in accordance with any other conditions specified in the declaration).\n\t(2)\tThe Commissioner may, by subsequent notice in the Gazette, vary or revoke a declaration under subsection (1)(c).\n60—Prevention of betting with children by bookmaker or agent\n\t(1)\tIt is a condition of a bookmaker's licence—\n\t(a)\tthat the licensee must not accept or offer to accept a bet from a child; and\n\t(b)\tthat the licensee must have systems and procedures approved by the Commissioner designed to prevent bets from being made by children in the course of the licensee's betting operations; and\n\t(c)\tthat the licensee must ensure that the operations under the licence conform with the systems and procedures approved under this section.\n\t(1a)\tIn approving systems and procedures under this section, the Commissioner must have regard to any relevant requirements in the gambling administration guidelines for systems and procedures designed to prevent bets from being made by children in the course of betting operations conducted by telephone, Internet or other electronic means.\n\t(2)\tThe Commissioner may, by written notice to a licensed bookmaker, require approved systems and procedures to be altered as set out in the notice.\n\t(3)\tBefore the Commissioner makes a requirement under subsection (2), the Commissioner must, unless the Commissioner considers it contrary to the public interest to do so—\n\t(a)\tgive written notice to the licensee concerned of the proposed requirement; and\n\t(b)\tconsider any representations made by the licensee about the proposed requirement within 14 days after the notice is given or a longer period allowed in the notice.\n\t(4)\tIt is a condition of a bookmaker's licence that the licensee must ensure that all alterations required to be made under subsection (2) are made in accordance with the notice given under that subsection.\n\t(5)\tIt is a condition of an agent's licence that, in acting as the agent of a licensed bookmaker, the licensee—\n\t(a)\tmust not accept or offer to accept a bet from a child; and\n\t(b)\tmust ensure that the betting operations conform with the systems and procedures of the licensed bookmaker approved under this section.\n60A—Advertising code of practice\nIt is a condition of a bookmaker's licence that the licensee must ensure that advertising by the licensee conforms with the applicable advertising codes of practice.\n60B—Responsible gambling code of practice\nIt is a condition of a bookmaker's licence that the licensee must ensure that operations under the licence conform with the applicable responsible gambling codes of practice.\n61—Prohibition of certain information as to racing or betting\n\t(1)\tSubject to this section, a person must not communicate for fee or reward to any other person information or advice as to the probable result of a race or approved contingency in relation to which a bookmaker is to accept bets.\n\t(2)\tSubsection (1) does not apply to information or advice published in a newspaper or broadcast by radio or television.\n\t(3)\tExcept with the approval of the Commissioner, a person who is, or was, within a racecourse or other place during a period when bookmakers are, or were, accepting bets on races or approved contingencies must not, before the end of that period, communicate (whether or not for fee or reward) to a person who is outside the racecourse or other place information or advice as to the betting with bookmakers at that racecourse or place.\n\t(4)\tThe Commissioner may, on granting an approval for the purposes of subsection (3), attach conditions to the approval.\n\t(5)\tThe Commissioner may, by written notice to the holder of an approval under this section—\n\t(a)\tvary or revoke a condition attached to the approval or attach a further condition;\n\t(b)\trevoke the approval.\ncommunicate means to communicate by any means either directly or indirectly, and includes to cause to be communicated.\n62—Rules relating to bookmakers' operations\n\t(1)\tThe Commissioner may make rules—\n\t(a)\tregulating the betting operations of licensed bookmakers; and\n\t(b)\trequiring an applicant for a bookmaker's licence to give security for compliance with this Act and any conditions attached to the licence; and\n\t(c)\tproviding for the keeping of records by licensed bookmakers, the inspection of such records and the furnishing of returns by licensed bookmakers; and\n\t(d)\tregulating advertising by licensed bookmakers; and\n\t(e)\tdealing with any other matters contemplated by this Division or necessary or expedient for the purposes of this Division; and\n\t(f)\tprescribing penalties not exceeding $5 000 for breach of a rule.\n\t(2)\tThe rules may provide that a matter or thing in respect of which rules may be made is to be determined according to the discretion of—\n\t(b)\tthe Commissioner; or\n\t(c)\ta race steward; or\n\t(d)\ta person of a prescribed class.\nDivision 3—Interstate betting operations\n62A—Prevention of betting by children\nAn authorised interstate betting operator—\n\t(a)\tmust not accept or offer to accept a bet from a child in this State; and\n\t(b)\tmust have systems and procedures that are designed to prevent bets from being made by children in this State in the course of betting operations conducted by telephone, Internet or other electronic means and that conform with the requirements in the gambling administration guidelines for systems and procedures designed for that purpose.\n62B—Advertising code of practice\nAn authorised interstate betting operator must ensure that advertising in this State by the operator conforms with the applicable advertising codes of practice.\n62C—Responsible gambling code of practice\nAn authorised interstate betting operator must ensure that the operator's betting operations in this State conform with the applicable responsible gambling codes of practice.\n62D—Notification\nIf criminal or disciplinary proceedings are commenced against an authorised interstate betting operator, or a close associate of the operator, in relation to the operator's betting operations, the authorised interstate betting operator must give written notice to the Commissioner setting out details of the proceedings within 14 days after the commencement of the proceedings.\nDivision 4—Betting operations relating to racing\n62E—Integrity agreements and contribution agreements\n\t(1)\tA person (the operator) must not conduct betting operations in relation to a race held in this State by a racing club (SA race betting operations) unless the operator has entered into an integrity agreement and a contribution agreement with the relevant racing controlling authority conforming with the requirements of this section and both agreements are in force.\nMaximum penalty: $25 000 or imprisonment for 1 year.\n\t(2)\tSubsection (1)—\n\t(a)\tapplies whether the SA race betting operations are conducted wholly within or outside the State or partly in the State and partly outside the State; and\n\t(b)\tdoes not apply in relation to betting operations conducted by a licensed racing club under an on-course totalisator betting licence in relation to a race held by the club.\n\t(3)\tWithout limiting the matters that may be included in an integrity agreement, the agreement must include—\n\t(a)\tprovisions requiring the operator to provide to the racing controlling authority on request information about the operator's SA race betting operations (which may include information relating to trade secrets or business processes, financial information and information identifying or relating to persons making bets), verified, if the controlling authority so requires, by statutory declaration; and\n\t(b)\tprovisions requiring the operator to implement specified measures to identify potential issues of probity in relation to the operator's SA race betting operations and report identified issues to the racing controlling authority; and\n\t(c)\tprovisions requiring the operator to inform the racing controlling authority of any criminal or disciplinary proceedings commenced against the operator, or a close associate of the operator, in connection with any betting operations; and\n\t(d)\tprovisions requiring the operator to facilitate investigations or inquiries into the conduct of the operator's SA race betting operations; and\n\t(e)\tprovisions establishing a dispute resolution procedure; and\n\t(f)\tother provisions prescribed by regulation.\n\t(4)\tWithout limiting the matters that may be included in a contribution agreement, the agreement must include—\n\t(a)\tprovisions requiring the operator to make contributions to the relevant racing controlling authority in respect of the operator's SA race betting operations and setting out how those contributions are to be calculated and the terms for payment; and\n\t(b)\tprovisions requiring the operator to provide to the relevant racing controlling authority such information as is reasonably required for the purposes of calculating the contributions due to the controlling authority, verified, if the controlling authority so requires, by statutory declaration; and\n\t(c)\tprovisions requiring the operator to provide to the relevant racing controlling authority an annual report verifying that contributions have been made as required by the agreement prepared by the auditor of accounts that the operator is required to keep under the Corporations Act 2001 of the Commonwealth, as in force from time to time, or some other registered company auditor; and\n\t(d)\tprovisions establishing a dispute resolution procedure; and\n\t(e)\tother provisions prescribed by regulation.\n\t(5)\tIf a person seeks to negotiate an agreement with a racing controlling authority under this section, the controlling authority must negotiate with the person in good faith subject to and in accordance with legal requirements (including, without limitation, the requirements relating to authority to conduct betting operations in this State under the Lottery and Gaming Act 1936 and this Act and the requirements of section 92 of the Constitution of the Commonwealth).\n\t(6)\tAn integrity agreement or contribution agreement may be varied by a later agreement between the parties.\n\t(7)\tContributions payable under a contribution agreement are recoverable as a debt due to the racing controlling authority.\n\t(8)\tIf the operator holds a licence under this Act, it is a condition of the licence that the operator must perform its obligations under an integrity agreement and contribution agreement.\n\t(9)\tFor the purposes of subsection (1), the racing distribution agreement will be taken to be a contribution agreement entered into by the holder of the major betting operations licence with each of the racing controlling authorities.\n\t(10)\tThe following is, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Trade Practices Act 1974 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia:\n\t(a)\tentering into or giving effect to an agreement by racing controlling authorities, Racing SA Pty Ltd (ACN 095 660 058) and any other agents of racing controlling authorities (or any combination of those persons and bodies) following negotiations conducted for the purposes of a racing controlling authority entering into, giving effect to or enforcing an integrity agreement or contribution agreement;\n\t(b)\tentering into, giving effect to or enforcing an integrity agreement or contribution agreement by racing controlling authorities, Racing SA Pty Ltd (ACN 095 660 058), any other agents of racing controlling authorities (or any combination of those persons and bodies) acting collectively;\n\t(c)\tentering into, giving effect to or enforcing an integrity agreement or contribution agreement by a racing controlling authority acting alone.\n\t(10a)\tSubsection (10) applies to action whether taken before or after the commencement of that subsection.\n\t(11)\tSubsection (10) applies only in relation to provisions required by this section to be included in an integrity agreement or contribution agreement.\n\t(12)\tIf an operator conducts SA race betting operations when a contribution agreement is not in force, the relevant racing controlling authority may—\n\t(a)\trecover as a debt due to the controlling authority by the operator contributions in respect of the betting operations calculated in accordance with the regulations; and\n\t(b)\tby written notice to the operator, require the operator to provide to the controlling authority such information as is reasonably required for the purposes of calculating the contributions, verified, if the controlling authority so requires, by statutory declaration.\n\t(13)\tIn this section—\nentering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement;\ngiving effect to an agreement includes complying with an obligation or exercising a right or power under the agreement;\nrelevant racing controlling authority, in relation to a race, means—\n\t(a)\tin the case of a horse race—the racing controlling authority for horse racing;\n\t(b)\tin the case of a harness race—the racing controlling authority for harness racing;\n\t(c)\tin the case of a greyhound race—the racing controlling authority for greyhound racing.\n62F—Supreme Court review\n\t(1)\tOn an application by a person who is a party to an agreement under section 62E or is seeking to negotiate such an agreement, the Supreme Court may, if satisfied that the racing controlling authority's conduct or proposed conduct constitutes or would constitute a contravention of section 62E, make 1 or more of the following orders:\n\t(a)\tif an agreement has been entered into—an order setting aside the agreement (with effect from a specified date which may be a date earlier than the date of the application);\n\t(b)\tan order requiring the controlling authority to refrain from specified action or to take specified action or to remedy any adverse consequence of the controlling authority's conduct;\n\t(c)\tany other order the Court thinks fit.\nconduct includes a failure to act.\n62G—Contributions for betting operations on races held on or after 1 September 2008 and before commencement of section 62E\n\t(1)\tIf a person who conducted betting operations in relation to a designated race (the operator) enters into a contribution agreement on or within 3 months after the commencement of section 62E, the agreement will, subject to any express provision in the agreement to the contrary, be taken to include the following terms:\n\t(a)\tthe operator must pay to the relevant racing controlling authority within 1 month after the agreement is entered into the following contributions:\n\t(i)\tin the case of totalisator betting on designated races—1.5% of the gross turnover of the betting operations; and\n\t(ii)\tin the case of other forms of betting on designated races—20% of the gross proceeds of the betting operations;\n\t(b)\tthe operator must, at the written request of the racing controlling authority, provide to the controlling authority such information as is reasonably required for the purposes of calculating the contributions, verified, if the controlling authority so requires, by statutory declaration.\n\t(2)\tIf a person who conducted betting operations in relation to a designated race (the operator) has not entered into a contribution agreement within 3 months after the commencement of section 62E, the relevant racing controlling authority may—\n\t(a)\trecover as a debt due to the controlling authority by the operator the following contributions:\n\t(i)\tin the case of totalisator betting on designated races—1.5% of the gross turnover of the betting operations; and\n\t(ii)\tin the case of other forms of betting on designated races—20% of the gross proceeds of the betting operations; and\n\t(b)\tby written request, require the operator to provide to the controlling authority such information as is reasonably required for the purposes of calculating the contributions, verified, if the controlling authority so requires, by statutory declaration.\n\t(3)\tThis section does not apply in relation to betting operations conducted by—\n\t(a)\tthe holder of the major betting operations licence; or\n\t(b)\ta licensed racing club under an on-course totalisator betting licence in relation to a race held by the club.\n\t(4)\tThe Governor may, by regulation, declare that an amount of a particular class is or is not to be included in the calculation of gross turnover or gross proceeds of betting operations for the purposes of this section.\n\t(5)\tIn this section—\ndesignated race means a race held in this State by a racing club on or after 1 September 2008 and before the commencement of section 62E;\nrelevant racing controlling authority has the same meaning as in section 62E.\n62H—Disclosure of information and confidentiality\n\t(1)\tIf a person defaults in providing information to a racing controlling authority as required by an integrity agreement or contribution agreement or by this Division, the controlling authority may apply to the Supreme Court for an order requiring the disclosure of the information.\n\t(2)\tOn an application, the Supreme Court may make such orders as it thinks fit to remedy the default and to prevent recurrence of similar defaults.\n\t(3)\tA racing controlling authority may provide information obtained under this Division—\n\t(a)\tto an agency or instrumentality of this State, the Commonwealth or another State or a Territory of the Commonwealth for the purposes of the performance of its functions; and\n\t(b)\tto any of the following for purposes connected with an investigation or inquiry into, or other functions relating to, the conduct of a race or betting on a race:\n\t(i)\tother racing controlling authorities;\n\t(ii)\tlicensed racing clubs;\n\t(iii)\trace stewards;\n\t(iv)\tracing appeals tribunals;\n\t(v)\tother persons with responsibilities for regulating the conduct of a race or betting on a race;\n\t(vi)\tany person or body in another State or a Territory of the Commonwealth corresponding to a person or body referred to in a preceding subparagraph.\n\t(4)\tA racing controlling authority must not divulge information relating to trade secrets or business processes, financial information or information tending to identify a person obtained under this Division except—\n\t(a)\tas authorised by or under this Act or any other law; or\n\t(b)\twith the consent of the person from whom the information was obtained or to whom the information relates; or\n\t(c)\tfor a purpose connected with the payment of contributions under a contribution agreement or this Act; or\n\t(d)\tfor the purpose of legal proceedings arising under this Act or in relation to an agreement under this Act.\nMaximum penalty: $10 000.\n\t(5)\tInformation that has been disclosed under this section for a particular purpose must not be used for any other purpose by—\n\t(a)\tthe person to whom the information was disclosed; or\n\t(b)\tany other person who gains access to the information (whether properly or improperly and whether directly or indirectly) as a result of that disclosure.\nMaximum penalty: $10 000.\n62I—Prosecution requires Commissioner's consent\n\t(1)\tA prosecution for an offence against this Division may only be commenced with the consent of the Commissioner.\n\t(2)\tIn legal proceedings, an apparently genuine certificate certifying that the Commissioner consented to the commencement of a prosecution for an offence against this Division will, in the absence of proof to the contrary, be accepted as proof of that consent.\n","sortOrder":14},{"sectionNumber":"Part 6","sectionType":"part","heading":"Power to deal with default or business failure","content":"Part 6—Power to deal with default or business failure\nDivision 1—Taxation default\n73A—Disciplinary action for taxation defaults\n\t(1)\tA taxation default occurs if an authorised betting operator contravenes or fails to comply with—\n\t(a)\ta provision of—\n\t(i)\tPart 3B or regulations made for the purposes of Part 3B; or\n\t(ii)\tthe Taxation Administration Act 1996 as it applies in connection with Part 3B or regulations made for the purposes of such provisions; or\n\t(b)\ta condition of a licence, or an obligation under an agreement, relating to compliance with such provisions.\n\t(2)\tIf the Commissioner of State Taxation believes on reasonable grounds that a taxation default has occurred, the Commissioner of State Taxation may give written notice to the operator—\n\t(a)\tspecifying the default; and\n\t(b)\trequiring the operator to show cause, within a period specified in the notice (which must be at least 14 days), why disciplinary action should not be taken against the operator.\n\t(3)\tThe Commissioner of State Taxation must allow the operator a reasonable opportunity to make submissions orally or in writing to the Commissioner of State Taxation.\n\t(4)\tAfter considering the submissions (if any) made by the operator, the Commissioner of State Taxation may, by notice in writing to the Commissioner, request that the Commissioner take disciplinary action against the operator.\n\t(5)\tIf the Commissioner receives a request from the Commissioner of State Taxation under subsection (4), the Commissioner may, by order, take disciplinary action in accordance with Part 5 of the Gambling Administration Act 2019 (and the provisions of Part 5 apply to an order made under this section as if the order were made under that Part).\n\t(7)\tIn taking disciplinary action in accordance with this section, the Commissioner may act as the Commissioner thinks fit but is not required to consider the submissions (if any) made by the operator or otherwise exercise an independent discretion in relation to the matter.\nDivision 2—Official management\n74—Power to appoint manager\n\t(1)\tIf—\n\t(a)\ta licence is suspended, cancelled or surrendered or expires and is not renewed; or\n\t(b)\ta licensee otherwise discontinues operations under a licence,\nthe Minister may, on the recommendation of the Commissioner, appoint an official manager of the business conducted under the licence (or former licence).\n\t(2)\tIf a licensee—\n\t(a)\tbecomes insolvent within the meaning of Part 7.10 of the Corporations Act 2001 of the Commonwealth; or\n\t(b)\tgoes into liquidation,\nthe Minister may, on the recommendation of the Commissioner, appoint an official manager of the business conducted under the licence (or former licence).\n\t(3)\tAn appointment under subsection (1) or (2) may be terminated at any time by the Minister.\n75—Powers of manager\n\t(1)\tThe official manager—\n\t(a)\tis to assume control of the business conducted under the licence (or former licence); and\n\t(b)\tis entitled to possession and control of property of the licensee (or former licensee) used for the purposes of the business conducted under the licence; and\n\t(c)\tis, while the appointment continues in force, taken to be the holder of a licence of the same kind on conditions determined by the Commissioner.\n\t(2)\tAny proceeds of the business while under official management are to be applied as follows:\n\t(a)\tfirstly, the proceeds are to be applied towards the costs of official management (including the official manager's remuneration); and\n\t(b)\tsecondly, a reasonable rental for the licensee's (or former licensee's) property is to be paid out of the proceeds to the licensee (or former licensee) while the property remains in the official manager's possession; and\n\t(c)\tthirdly, any remaining balance is to be paid into the Consolidated Account.\n\t(3)\tHowever, an approved licensing agreement may operate to exclude or modify the provisions of subsection (2) in relation to a major betting operations licence.\n\t(4)\tThe regulations may confer powers and impose duties on official managers and regulate official management in other ways.\nDivision 3—Administrators, controllers and liquidators\n76—Administrators, controllers and liquidators\n\t(1)\tIf an administrator, controller or liquidator of an authorised betting operator assumes control over the business conducted under a licence or authorisation for a period (the period of administration), that person—\n\t(a)\tstands in the position of the authorised betting operator for the period of administration; and\n\t(b)\tis liable for tax payable under this Act and other liabilities to the Crown accruing during the period of administration; and\n\t(c)\tis subject to this Act, and liable to direction and control under this Act, in the same way as if the person were the authorised betting operator; and\n\t(d)\tif charged with an offence against this Act, is entitled to a defence on proof that the offence was not committed intentionally and did not arise from the defendant's failure to take reasonable care to avoid the commission of the offence.\n\t(2)\tFor the purposes of subsection (1), an administrator, controller or liquidator will only be regarded as assuming control of the business if the administrator, controller or liquidator assumes control of all or substantially all of the business assets associated with the operation of the business conducted under the licence or authorisation.\n\t(3)\tAn administrator, controller or liquidator of an authorised betting operator must, within 7 days after assuming control over the business conducted under a licence or authorisation, notify the Commissioner of that fact.\n","sortOrder":15},{"sectionNumber":"Part 8","sectionType":"part","heading":"Miscellaneous","content":"Part 8—Miscellaneous\n79A—Licensees may bet with interstate licensees conducting fixed-odds betting\nA licence that authorises the licensee to conduct fixed-odds betting also authorises the licensee to make, in the course of conducting fixed-odds betting under the licence, bets with persons authorised under the law of another State or a Territory of Australia to conduct fixed-odds betting.\n80—Lawfulness of betting operations conducted in accordance with Act\nBetting operations conducted in accordance with this Act (including operations of a person of whom the holder of a major betting operations licence is an agent under a transaction approved by the Commissioner under this Act) are lawful and do not, in themselves, constitute a public or private nuisance.\n81—Further trade practices authorisations\n\t(1)\tEntering into, giving effect to, or enforcing—\n\t(a)\tthe Government Agreement; or\n\t(b)\tan agreement substantially in the form of the draft agreement entitled Racing Distribution Agreement attached to the Government Agreement; or\n\t(c)\ta prescribed agreement, arrangement or instrument,\nis, subject to conditions and limitations prescribed by regulation, authorised for the purposes of section 51 of the Competition and Consumer Act 2010 of the Commonwealth, as in force from time to time, and the Competition Code of South Australia.\nentering into an agreement means entering into or negotiating an agreement, including acting collectively or in combination with others in or with respect to the negotiation of an agreement;\ngiving effect to an agreement, or provisions of an agreement, arrangement or instrument, includes complying with an obligation or exercising a right or power under the agreement or provisions;\nGovernment Agreement means the agreement of that name entered into between the racing controlling authorities and the State in October 2000;\nprescribed agreement, arrangement or instrument means an agreement, arrangement or instrument of any of the following kinds prescribed by regulation:\n\t(a)\tan Intercode Agreement within the meaning of the Government Agreement;\n\t(b)\tan Intracode Agreement within the meaning of the Government Agreement;\n\t(c)\tthe constitution of a racing controlling authority;\n\t(d)\tan agreement or arrangement to which any combination of the following are parties:\n\t(i)\ta body for the time being nominated to the Minister by the racing controlling authorities as a body representative of the racing controlling authorities;\n\t(ii)\tracing controlling authorities;\n\t(iii)\tracing clubs;\n\t(iv)\tthe holder of a major betting operations licence;\n\t(v)\tthe State;\n\t(e)\tan agreement, arrangement or instrument related to a major betting operations licence, an approved licensing agreement, the racing distribution agreement or an agreement, arrangement or instrument referred to in a preceding paragraph of this definition.\n83—False or misleading information\nA person must not make a statement that is false or misleading in a material particular (whether by reason of the inclusion or omission of any particular) in any information furnished, or record kept, under this Act.\n84—Offences by bodies corporate\n\t(1)\tIf a body corporate is guilty of a prescribed offence, the manager of the body corporate and each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence unless the manager or member (as the case may be) proves that he or she could not by the exercise of due diligence have prevented the commission of the offence.\n\t(2)\tIf a body corporate is guilty of any other offence against this Act (other than an offence against the regulations), the manager of the body corporate and each member of the governing body of the body corporate is guilty of an offence and liable to the same penalty as is prescribed for the principal offence if the prosecution proves that—\n\t(a)\tthe manager or member (as the case may be) knew, or ought reasonably to have known, that there was a significant risk that such an offence would be committed; and\n\t(b)\tthe manager or member (as the case may be) was in a position to influence the conduct of the body corporate in relation to the commission of such an offence; and\n\t(c)\tthe manager or member (as the case may be) failed to exercise due diligence to prevent the commission of the offence.\n\t(3)\tSubsection (2) does not apply if the principal offence is an offence against section 24(3).\n\t(3a)\tThe regulations may make provision in relation to the criminal liability of members of the governing body, or the manager, of a body corporate that is guilty of an offence against the regulations.\n\t(4)\tIn this section—\nprescribed offence means an offence against section 18, 20(1), 27, 61 or 62E.\n85—Reasons for decision\n\t(1)\tThe Governor is not bound to give reasons for a decision under this Act.\n\t(2)\tSubject to this Act, the Commissioner is not bound to give reasons for a decision of the Commissioner under this Act.\n86—Power of Commissioner in relation to approvals\nFor the purposes of this Act, an approval of the Commissioner required under this Act—\n\t(a)\tmay, if the Commissioner thinks fit, be of a general nature extending to matters specified by the Commissioner; and\n\t(b)\tmay be unconditional or subject to conditions specified by the Commissioner.\n87—Confidentiality of information provided by Commissioner of Police\n\t(1)\tNo information provided by the Commissioner of Police to the Commissioner may be disclosed to any person (except the Minister or a person to whom the Commissioner of Police authorises its disclosure) if the Commissioner of Police asks for the information to be kept confidential on the ground that its disclosure might—\n\t(b)\tcreate a risk of loss, harm or undue distress.\n\t(2)\tThis section applies in addition to the provisions of the Gambling Administration Act 2019.\n89—Evidence\n\t(1)\tIn proceedings for an offence against this Act or the Taxation Administration Act 1996 as it applies in connection with Part 3B, an allegation in the complaint—\n\t(a)\tthat a person was or was not at a specified time the holder of a specified licence or approval or an authorised interstate betting operator; or\n\t(b)\tthat a licence or approval was at a specified time subject to specified conditions; or\n\t(c)\tthat premises were or were not at a specified time a licensed betting shop,\nwill be accepted as proved in the absence of proof to the contrary.\n91—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for ex gratia payments in relation to unclaimed winnings by the Treasurer and for the appropriation from the Consolidated Account of money required for the purpose;\n\t(ab)\tdeclare that a specified form of betting is or is not fixed-odds betting for the purposes of this Act;\n\t(ac)\trequire licensed racing clubs or licensed bookmakers to pay unclaimed winnings or totalisator fractions (or both) to the Treasurer;\n\t(b)\tfix fees in respect of any matter under this Act and provide for their payment, recovery or waiver;\n\t(c)\timpose fines, not exceeding $20 000, for offences against the regulations.\n\t(3)\tThe regulations may—\n\t(a)\tbe of general application or vary in their application according to prescribed factors;\n\t(b)\tprovide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Commissioner.\n\t(4)\tThe Governor may, by regulation, make provisions of a saving or transitional nature consequent on the enactment of any amendments to this Act or on the commencement of specified provisions of this Act or on the making of regulations under this Act.\n\t(5)\tA provision of a regulation referred to in subsection (4) may, if the regulation so provides, take effect from the commencement of the amendments or provisions, or on the making of the regulations, or from a later day.\n\t(6)\tTo the extent to which a provision takes effect under subsection (5) from a day earlier than the day of the regulation's publication in the Gazette, the provision does not operate to the disadvantage of a person by—\n\t(a)\tdecreasing the person's rights; or\n\t(b)\timposing liabilities on the person.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nLegislation amended by principal Act\nThe Authorised Betting Operations Act 2000 amended the following:\nCriminal Law (Undercover Operations) Act 1995\nLottery and Gaming Act 1936\nWorkers Rehabilitation and Compensation Act 1986\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n Authorised Betting Operations Act 2000\n21.12.2000\n25.1.2001 (Gazette 25.1.2001 p300) except s 2(2)—21.12.2000: s 2(3) and except ss 3—12(11), 13(1)—(7) & (10), 14—45, 47, 50—58, 60—80, 83—92, Sch 1 and Sch 2 (cll 1, 3 & 4)—14.12.2001 (Gazette 6.12.2001 p5266) and except ss 59 and 82 deleted by 64/2001 without coming into operation and except Sch 2 (cl 2) deleted by 44/2003 without coming into operation and except ss 48 & 49—30.4.2004 (Gazette 29.1.2004 p292) and except s 46—1.9.2004 (Gazette 26.8.2004 p3402)\n Statutes Amendment (Gambling Regulation) Act 2001\n31.5.2001\nPt 2 (ss 4—7)—14.12.2001 (Gazette 6.12.2001 p5267); Pt 2 (ss 8—10)—31.5.2003 (s 7(5) Acts Interpretation Act 1915)\n Statutes Amendment (Bookmakers) Act 2001\n6.12.2001\n Pt 2 (ss 4 & 5)—7.12.2001 (Gazette 6.12.2001 p5267)\n Statutes Amendment (Corporations—Financial Services Reform) Act 2002\n28.11.2002\nPt 2 (ss 4—7)—1.8.2003 (Gazette 10.7.2003 p2913)\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n Authorised Betting Operations (Licence and Permit Conditions) Amendment Act 2003\n20.11.2003\n11.3.2004 (Gazette 11.3.2004 p783)\n Authorised Betting Operations (Betting Review) Amendment Act 2004\n13.5.2004: s 2(1) except ss 4(1)—(4), 15(1)—(3), (5), 16—19, 21, 24, 25, Sch 1 cl 1—1.9.2004 (Gazette 12.8.2004 p3219)\n Statutes Amendment (New Rules of Civil Procedure) Act 2006\n6.7.2006\nPt 10 (ss 43 & 44)—4.9.2006 (Gazette 17.8.2006 p2831)\n Statutes Amendment (Domestic Partners) Act 2006\n14.12.2006\nPt 10 (ss 34 & 35)—1.6.2007 (Gazette 26.4.2007 p1352)\n Statutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007\nPt 2 (s 3—8) & Sch 1 (cl 1)—1.11.2007\n Statutes Amendment (Betting Operations) Act 2008\n4.12.2008\nPt 2 (ss 4—33) & Sch 1—1.3.2009 (Gazette 26.2.2009 p764)\n Authorised Betting Operations (Trade Practices Exemption) Amendment Act 2009\n7.5.2009\n1.3.2009 immediately after 47/2008: s 2\n Statutes Amendment (Directors' Liability) Act 2011\n22.9.2011\nPt 7 (s 9)—1.1.2012 (Gazette 15.12.2011 p4988)\n Statutes Amendment (Directors' Liability) Act 2013\n23.5.2013\nPt 6 (s 10)—17.6.2013 (Gazette 6.6.2013 p2498)\n Statutes Amendment (Gambling Reform) Act 2013\n8.8.2013\nPt 2 (s 10)—31.8.2013; s 5—31.10.2013; ss 4, 6, 7, 9 & 11—1.1.2014; s 8—1.7.2014 (Gazette 29.8.2013 p3648)\nStatutes Amendment (Budget 2016) Act 2016\n8.12.2016\nPt 2 (ss 4—59)—1.7.2017 (Gazette 27.6.2017 p2621)\nStatutes Amendment and Repeal (Simplify) Act 2017\nPt 3 (ss 10—13)—15.3.2017: s 2(1)\nStatutes Amendment and Repeal (Budget Measures) Act 2018\n22.11.2018\nPt 2 (ss 4 to 36)—1.12.2018 (Gazette 29.11.2018 p4058)\nGambling Administration Act 2019\n12.12.2019\nSch 1 (cll 1 & 3(2), (7) to (11))—3.12.2020 (Gazette 30.7.2020 p4103)\nStatutes Amendment (Gambling Regulation) Act 2019\n12.12.2019\nPt 2 (ss 4 to 39) & Sch 1 (cl 1)—3.12.2020 (Gazette 30.7.2020 p4103)\nProvisions amended\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 44/2003 s 3(1) (Sch 1)\n24.11.2003\n\namended by 47/2008 s 4\nPt 1\n\ns 2\nomitted under Legislation Revision and Publication Act 2002\n\ninserted by 44/2019 s 4\ns 3\n\ns 3(1)\n\nadvertising code of practice\ninserted by 47/2008 s 5(1)\n\namended by 44/2019 s 5(1)\nagent's licence\ninserted by 11/2004 s 4(1)\nauthorised betting operator\ninserted by 57/2016 s 4(1)\nauthorised interstate betting operator\ninserted by 47/2008 s 5(2)\nauthorised officer\n(b) deleted by 35/2018 s 4(1)\n\ndeleted by 44/2019 s 5(2)\nAuthority\nsubstituted by 18/2001 s 4(a)\n\ndeleted by 35/2018 s 4(2)\nbetting exchange\ninserted by 47/2008 s 5(3)\nbetting shop licence\ndeleted by 44/2019 s 5(3)\nbookmaker\ndeleted by 11/2004 s 4(2)\nclerk's licence\ndeleted by 11/2004 s 4(3)\nCommissioner\namended by 18/2001 s 4(b)\n\nsubstituted by 44/2019 s 5(4)\ncomprehensive licence\ninserted by 57/2016 s 4(2)\nconduct betting operations\ninserted by 47/2008 s 5(4)\ncontribution agreement\ninserted by 47/2008 s 5(4)\ncriminal intelligence\ninserted by 37/2013 s 4\n\ndeleted by 44/2019 s 5(5)\ndesignated person\ninserted by 45/2007 s 3\ndomestic partner\ninserted by 43/2006 s 34(1)\nduty\ndeleted by 57/2016 s 4(3)\nduty agreement\ndeleted by 57/2016 s 4(3)\ngambling administration guidelines\ninserted by 44/2019 s 5(6)\nintegrity agreement\ninserted by 47/2008 s 5(5)\ninterstate betting operator\ninserted by 47/2008 s 5(5)\nlicensed betting shop\ndeleted by 44/2019 s 5(7)\nlicensing authority\ninserted by 11/2004 s 4(4)\n\ndeleted by 35/2018 s 4(3)\nlimited licence\ninserted by 57/2016 s 4(4)\nmajor betting operations licence\namended by 57/2016 s 4(5)\nprescribed interstate licence\ninserted by 47/2008 s 5(6)\nresponsible gambling code of practice\ninserted by 47/2008 s 5(7)\n\namended by 44/2019 s 5(8)\nspouse\ninserted by 43/2006 s 34(2)\nState-owned company\namended by 34/2002 s 4(a)\n\ndeleted by 11/2004 s 4(5)\nstatutory default\ndeleted by 44/2019 s 5(9)\nsubstantial holding\namended by 34/2002 s 4(b)\n\ndeleted by 44/2019 s 5(9)\nTABCO, TABCO(A) and TABCO(B)\ndeleted by 11/2004 s 4(6)\ntaxation default\ninserted by 44/2019 s 5(9)\ntelephone, Internet or other electronic means\ninserted by 47/2008 s 5(8)\n24 hour sportsbetting licence\ninserted by 50/2003 s 4\ns 3(2)\namended by 34/2002 s 4(c)\ns 3(3)\ninserted by 47/2008 s 5(9)\ns 3A\ninserted by 44/2019 s 6\ns 4\n\ns 4(1)\namended by 47/2008 s 6(1)\n\ns 4(2)\nsubstituted by 47/2008 s 6(2)\n\ns 4(2a)\ninserted by 11/2004 s 5\n\ndeleted by 47/2008 s 6(2)\ns 4(3)\nsubstituted by 47/2008 s 6(2)\n\namended by 44/2019 s 7\ns 4(3a)\ninserted by 47/2008 s 6(2)\n\ns 4(4)\ns 4A\ninserted by 44/2019 s 8\ns 5\n\ns 5(1)\ns 5 amended and redesignated as s 5(1) by 34/2002 s 5(a)—(c)\n\namended by 43/2006 s 35\n\namended by 44/2019 s 9(1), (2)\ns 5(1a)\ninserted by 44/2019 s 9(3)\ns 5(2)\ninserted by 34/2002 s 5(c)\nsubstantial holding\ninserted by 44/2019 s 9(4)\ns 6A before substitution by 44/2019\ninserted by 47/2008 s 7\ns 6A(1)\ns 6A(2)\ndeleted by 37/2013 s 5(1)\ns 6A(3)\namended by 37/2013 s 5(2)\n\namended by 35/2018 s 5(1)\ns 6A(3a)\ninserted by 37/2013 s 5(3)\ns 6A(4)\ns 6A(4a)\ninserted by 37/2013 s 5(4)\n\ns 6A(5)\ndeleted by 37/2013 s 5(5)\ns 6A(6)\namended by 37/2013 s 5(6)\n\ndeleted by 35/2018 s 5(2)\ns 6A(7) and (8)\ns 6A(9)\ninserted by 37/2013 s 5(7)\n\ns 6A\nsubstituted by 44/2019 s 10\ns 6B before deletion by 44/2019\ninserted by 37/2013 s 6\ns 6B(1)—(3)\namended by 35/2018 s 6\ns 6B\ndeleted by 44/2019 s 10\nPt 2\n\namended by 57/2016 s 5\nPt 2 Div 1\n\namended by 57/2016 s 6\ns 7\n\ns 7(1) and (2)\namended by 57/2016 s 7(1)\ns 7(3)\ndeleted by 11/2004 s 6(1)\n\ninserted by 57/2016 s 7(2)\ns 7(4)\namended by 11/2004 s 6(2)\n\namended by 57/2016 s 7(3)\n\ns 7(5)\n s 8\namended by 57/2016 s 8\ns 9\n\ns 9(1)\ns 9 amended by 11/2004 s 7\n\ns 9 amended and redesignated as s 9(1) by 57/2016 s 9(1), (2)\ns 9(2)\ninserted by 57/2016 s 9(2)\ns 10\n\ns 10(1)\namended by 57/2016 s 10(1)\ns 10(2)\namended by 57/2016 s 10(2)\n\ns 10(3)\ns 11\n\ns 11(1)\namended by 57/2016 s 11\ns 11(2)\ns 11(3)\nPt 2 Div 2\n\ns 12\n\ns 12(1)\namended by 57/2016 s 12(1)\ns 12(2)\ns 12(3)\n\n(d) deleted by 35/2018 s 7(1)\ns 12(4)\namended by 57/2016 s 12(3)\ns 12(5)\n\namended by 35/2018 s 7(2)\ns 12(6)\namended by 18/2001 s 5\n\namended by 35/2018 s 7(2), (3)\n\namended by 44/2019 s 11\ns 12(7)\n\n(c) deleted by 35/2018 s 7(4)\ns 12(8)\n\namended by 35/2018 s 7(5)\ns 12(9)\ns 12(10)\namended by 57/2016 s 12(4)\n\ndeleted by 35/2018 s 7(6)\ns 12(11)\ns 12(12)\namended by 57/2016 s 12(4), (5)\ns 12(13)\n\ninserted by 47/2008 s 8\ngiving effect\namended by 57/2016 s 12(6)\ns 13\n\ns 13(1)\namended by 57/2016 s 13(1)\ns 13(5)\namended by 57/2016 s 13(2)\ns 13(8)\namended by 57/2016 s 13(3)\ns 13(9)\n\ninserted by 47/2008 s 9\ns 13(10)\ndeleted by 11/2004 s 8\ns 14\ndeleted by 57/2016 s 14\ns 15\n\ns 15(1)\nsubstituted by 35/2018 s 8\ns 15(2)\ndeleted by 57/2016 s 15\nPt 2 Div 3\n\ns 16\n\ns 16(1)\namended by 57/2016 s 16(1)\n\ns 16(2)\ndeleted by 11/2004 s 9\ns 16(3)\namended by 57/2016 s 16(2), (3)\ns 16(4)\ns 17\n\ns 17(1)\namended by 57/2016 s 17\n\ns 17(2)\ns 17(3)\ndeleted by 11/2004 s 10\ns 18\n\ns 18(1)\namended by 57/2016 s 18(1)\n\ns 18(2)\namended by 57/2016 s 18(2)\n\namended by 35/2018 s 9\ns 18(3)\namended by 57/2016 s 18(2)\n\ns 18(4) and (5)\ns 19\n\ns 19(1)\namended by 57/2016 s 19(1)\n\ns 19(2)\namended by 57/2016 s 19(2)\nPt 2 Div 4\nheading amended by 11/2004 s 11\ns 20\n\ns 20(1)\namended by 11/2004 s 12(1)\n\namended by 57/2016 s 20(1), (2)\n\ns 20(1a) and (1b)\ninserted by 37/2013 s 7\n\ns 20(2)\namended by 11/2004 s 12(2)\n\namended by 57/2016 s 20(1), (3)\n\ns 20(3)\namended by 11/2004 s 12(3)\n\namended by 57/2016 s 20(4)\n\ns 20(4)\ndeleted by 11/2004 s 12(4)\ns 20(5)\namended by 57/2016 s 20(4)\ns 20(6)\ninserted by 11/2004 s 12(5)\ndesignated person\namended by 57/2016 s 20(4), (5)\n\nPt 2 Div 5\n\ns 21\n\ns 21(1)\namended by 45/2007 s 4(1)\n\namended by 35/2018 s 35(1), (2)\n\namended by 57/2016 s 21(1), (2)\ns 21(2)\namended by 45/2007 s 4(2)\n\namended by 57/2016 s 21(1), (3)\n\namended by 35/2018 s 35(1), (2)\ns 21(3)\ns 22\n\ns 22(1) and (2)\namended by 57/2016 s 22(1)\n\ns 22(3)\namended by 57/2016 s 22(2)\n\ns 22(4)\nsubstituted by 45/2007 s 5\n\namended by 57/2016 s 22(3)\n\namended by 44/2019 s 12\ns 22(5) and (6)\nPt 2 Div 6\n\ns 23\n\ns 23(1)\ns 23(2)\namended by 57/2016 s 23\n\ns 23(3)\ns 24\n\ns 24(1)\ns 24(2)\namended by 57/2016 s 24\n\ns 24(3)\ns 24(4)\namended by 18/2001 s 6\n\namended by 35/2018 s 11\n\namended by 44/2019 s 13\ns 25\n\ns 25(1)\nsubstituted by 45/2007 s 6(1)\n\namended by 57/2016 s 25(1)\n\ns 25(2)\namended by 45/2007 s 6(2)\n\ns 25(3)\namended by 45/2007 s 6(3)\n\ns 25(4)\namended by 45/2007 s 6(4)\n\ns 25(5)\ns 25(6)\namended by 45/2007 s 6(5)\n\namended by 57/2016 s 25(2)\ns 26\nsubstituted by 45/2007 s 7\n\namended by 57/2016 s 26\n\nPt 2 Div 6A\ninserted by 44/2019 s 14\nPt 2 Div 7\n\ns 27\n\ns 27(1)\namended by 57/2016 s 27\ns 27(2)\n\ndeleted by 44/2019 s 15(1)\ns 27(3)\namended by 57/2016 s 27\ns 27(4)\ninserted by 44/2019 s 15(2)\ns 28 before deletion by 44/2019\n\ns 28(1)\namended by 57/2016 s 28\n\namended by 35/2018 s 12\ns 28(2)\namended by 11/2004 s 13\n\namended by 57/2016 s 28\n\namended by 35/2018 s 12\ns 28\ndeleted by 44/2019 s 16\ns 29\n\ns 29(1)\namended by 34/2002 s 6\n\namended by 57/2016 s 29\n\ns 29(3)\ns 29(4)\namended by 35/2018 ss 13, 35(1)\ns 30\ndeleted by 11/2004 s 14\nPt 2 Div 8\ndeleted by 57/2016 s 30\nPt 2 Div 9 before deletion by 44/2019\n\ns 33\n\ns 33(1)\namended by 57/2016 s 31(1)\n\ns 33(2)\namended by 57/2016 s 31(2)\ns 33(3)\nPt 2 Div 9\ndeleted by 44/2019 s 17\nPt 2 Div 10\ninserted by 45/2007 s 8\ns 33A\n\ns 33A(1) and (2)\namended by 57/2016 s 32(1)\ns 33A(3)\namended by 57/2016 s 32(2)\ns 33A(4) and (5)\namended by 57/2016 s 32(3)\ns 33A(7)\n\nadministration cost\namended by 57/2016 s 32(4)\nPt 3\n\nsubstituted by 47/2008 s 10\nPt 3 Div 1\n\ns 34\n\ns 34(1)\namended by 50/2003 s 5(1)\n\namended by 11/2004 s 15(1), (2)\n\namended by 35/2018 ss 14, 35(1)\n\n(d) deleted by 44/2019 s 18(1)\ns 34(2)\nsubstituted by 11/2004 s 15(3)\ns 34(2a)\ninserted by 11/2004 s 15(3)\ns 34(2b)\ninserted by 11/2004 s 15(4)\n\ndeleted by 44/2019 s 18(2)\ns 34(3)\ns 34(4)\ninserted by 50/2003 s 5(2)\n\namended by 11/2004 s 15(5)\ns 35\n\ns 35(2)\ns 36\n\ns 36(1)\namended by 11/2004 s 16(1)\n\namended by 35/2018 s 15\ns 36(2)\namended by 11/2004 s 16(2)\n\namended by 35/2018 s 15\ns 36(4)\ns 36(5)\ninserted by 50/2003 s 6\n\namended by 11/2004 s 16(3)\ns 37\n\ns 37(1)\ns 37 redesignated as s 37(1) by 18/2001 s 7\n\namended by 11/2004 s 17(1)\n\namended by 35/2018 s 16\ns 37(2)\ninserted by 18/2001 s 7\n\namended by 50/2003 s 7\n\namended by 11/2004 s 17(1), (2)\n\namended by 35/2018 s 16\n\ndeleted by 44/2019 s 19\ns 38\n\ns 38(1)\namended by 11/2004 s 18\n\namended by 35/2018 s 17\n\namended by 44/2019 s 20(1)\ns 38(2)\namended by 11/2004 s 18\n\namended by 35/2018 s 17\n\ndeleted by 44/2019 s 20(2)\ns 38A\ninserted by 11/2004 s 19\ns 38B\ninserted by 44/2019 s 21\nPt 3 Div 2\ndeleted by 57/2016 s 33\nPt 3A\ninserted by 47/2008 s 11\ns 40A\n\ns 40A(1)\ns 40A(2)\n\namended by 44/2019 s 22(1)\ns 40A(4)\namended by 57/2016 s 34(1)\ns 40A(5)\n\namended by 44/2019 s 22(2)\ns 40A(5a)\ninserted by 57/2016 s 34(2)\n\ns 40AA\ninserted by 44/2019 s 23\ns 40B\ndeleted by 57/2016 s 35\nPt 3B\ninserted by 57/2016 s 35\ns 40H\n\ns 40H(2)\namended by 35/2018 s 18\nPt 4\n\nPt 4 Div 1\n\nsubstituted by 47/2008 s 12\ns 41\n\ns 41(1)\namended by 57/2016 s 36\n\ns 41(3)\namended by 57/2016 s 36\ns 41(4)\ns 42\n\ns 42(1)\namended by 57/2016 s 37\n\ns 42(2)\ns 43\n\ns 43(1)\ns 43 redesignated as s 43(1) by 47/2008 s 13\n\namended by 57/2016 s 38\ns 43(2)\ninserted by 47/2008 s 13\n\namended by 35/2018 s 19\n\namended by 44/2019 s 24\ns 44\namended by 57/2016 s 39\ns 45\namended by 57/2016 s 40\ns 46\n\ns 46(1)\namended by 57/2016 s 41(1)\ns 46(1aa)\ninserted by 57/2016 s 41(2)\ns 46(1a)\ninserted by 11/2004 s 20\n\namended by 57/2016 s 41(3)\ns 46(2)\namended by 57/2016 s 41(4)\ns 47\namended by 57/2016 s 42\ns 48\nsubstituted by 47/2008 s 14\n\namended by 57/2016 s 43\ns 49\namended by 18/2001 s 8\n\nsubstituted by 47/2008 s 14\n\namended by 57/2016 s 44\ns 50 before deletion by 37/2013\n\ns 50(1)\namended by 47/2008 s 15\ns 50\ndeleted by 37/2013 s 8\n1.7.2014\ns 51\n\ns 51(aa1) and (a1)\ninserted by 18/2001 s 9\n\ndeleted by 47/2008 s 16(1)\ns 51(1)\namended by 47/2008 s 16(2), (3)\ns 51(2)\namended by 47/2008 s 16(2)\ns 51(3)\namended by 47/2008 s 16(2)\n\namended by 57/2016 s 45\ns 51(4)\ndeleted by 47/2008 s 16(4)\ns 51A\ninserted by 18/2001 s 10\n\ndeleted by 47/2008 s 17\nPt 4 Div 2\n\nss 52 & 53\ndeleted by 44/2019 s 25\ns 53A\ninserted by 47/2008 s 18\ns 54 before substitution by 7/2017\n\ns 54(1)\ns 54 redesignated as s 54(1) by 50/2004 s 8\ns 54(1a)\ninserted by 11/2004 s 21\ns 54(2)\ninserted by 50/2003 s 8\ns 54\nsubstituted by 7/2017 s 10\ns 54(1)\n(b) deleted by 44/2019 s 26\ns 55 before deletion by 7/2017\n\ns 55(7)\ninserted by 11/2004 s 22\ns 55\ns 56\ndeleted by 47/2008 s 19\ns 57 before deletion by 7/2017\n\ns 57(1a)\ninserted by 11/2004 s 23\ns 57(3)\ninserted by 50/2003 s 9\ns 57\ns 58\ns 59 before deletion by 7/2017\ndeleted by 64/2001 s 4\n7.12.2001\n\ninserted by 11/2004 s 24\ns 59\ns 60\n\ns 60(1a)\ninserted by 47/2008 s 20\n\namended by 35/2018 s 20\n\namended by 44/2019 s 27\ns 60(5)\ninserted by 11/2004 s 25\nss 60A and 60B\ninserted by 47/2008 s 21\ns 61\n\ns 61(1)\namended by 7/2017 s 11\ns 62\n\ns 62(1)\namended by 47/2008 s 22\n\ns 62(2)\nsubstituted by 11/2004 s 26\n\n(a) deleted by 35/2018 s 21\nPt 4 Div 3\ninserted by 47/2008 s 23\ns 62A\namended by 35/2018 s 22\n\namended by 44/2019 s 28\ns 62D\nPt 4 Div 4\ninserted by 47/2008 s 23\ns 62E\n\ns 62E(10)\nsubstituted by 17/2009 s 4\ns 62E(10a)\ninserted by 17/2009 s 4\ns 62I\n\ns 62I(1) and (2)\namended by 35/2018 s 23\ns 63\namended by 35/2018 s 24\nPt 5 before deletion by 44/2019\n\ns 64\n\ns 64(1)\ns 64 redesignated as s 64(1) by 47/2008 s 24\n\namended by 35/2018 s 25\ns 64(2)\ninserted by 47/2008 s 24\n\namended by 35/2018 s 25\nPt 5\ndeleted by 44/2019 s 29\nPt 6\n\nPt 6 Div 1\n\namended by 44/2019 s 30\ns 67 before deletion by 44/2019\n\ns 67(1)\namended by  47/2008 s 25\n\namended by 57/2016 s 46(1)—(3)\ns 67\ns 68 before deletion by 44/2019\n\ns 68(1)\ns 68(2)\namended by 47/2008 s 26\n\ns 68\ns 69 before deletion by 44/2019\n\ns 69(1)\namended by 47/2008 s 27(1), (2)\n\ns 69(2)\namended by 47/2008 s 27(2), (3)\n\namended by 57/2016 s 47\ns 69\ns 70 before deletion by 44/2019\n\ns 70(1)\namended by 47/2008 s 28(1)—(3)\n\namended by 57/2016 s 48\n\ns 70\ns 71 before deletion by 44/2019\n\ns 71(1)\namended by 47/2008 s 29\n\ns 71(4)\ns 71\ns 72 before deletion by 44/2019\n\ns 72(1)\namended by 47/2008 s 30(1), (2)\n\ns 72(2)\namended by 47/2008 s 30(2)\n\ns 72(3)\namended by 47/2008 s 30(2)—(4)\n\n(e), (f) deleted by 47/2008 s 30(4)\n\namended by 57/2016 s 49\n\ns 72(4)\namended by 47/2008 s 30(2)\ns 72(5)\namended by 47/2008 s 30(5), (6)\n\ns 72(7)\namended by 47/2008 s 30(7)\n\namended by 57/2016 s 49\ns 72\ns 73\n\ns 73A\ninserted by 57/2016 s 50\ns 73A(4)\ns 73A(5)\n\namended by 44/2019 s 32(1)\ns 73A(6)\ndeleted by 44/2019 s 32(2)\ns 73A(7)\nPt 6 Div 2\n\ns 74\n\ns 74(1)\ns 74(2)\namended by 34/2002 s 7\n\ns 75\n\ns 75(1)\ns 75(3)\namended by 57/2016 s 51\nPt 6 Div 3\n\ns 76\n\ns 76(1)\namended by 57/2016 s 52\n\namended by 44/2019 s 33(1)—(3)\ns 76(2)\namended by 44/2019 s 33(4)\ns 76(3)\ninserted by 44/2019 s 33(5)\nPt 7 before deletion by 44/2019\n\namended by 35/2018 s 26\ns 77\n\ns 77(1)\namended by 35/2018 s 27(1), (2)\ns 77(2)\ndeleted by 7/2017 s 12\n\ninserted by 35/2018 s 27(3)\ns 77(3)\nsubstituted by 35/2018 s 27(3)\ns 77(4) and (5)\ninserted by 35/2018 s 27(3)\ns 78 before deletion by 35/2018\n\ns 78(1)\namended by 17/2006 s 43(1)\n\namended by 47/2008 s 31\ns 78(3)\namended by 17/2006 s 43(2)\ns 78\ndeleted by 35/2018 s 28\nPt 7\ndeleted by 44/2019 s 34\nPt 8\n\ns 79A\ninserted by 11/2004 s 27\ns 80\namended by 57/2016 s 53\n\ns 81\n\ns 81(1)\namended by 57/2016 s 54(1)\ns 81(2)\n\nprescribed agreement, arrangement or instrument\namended by 57/2016 s 54(2), (3)\ninserted by 47/2008 s 32\ns 82\ndeleted by 64/2001 s 5\n7.12.2001\ns 84\nsubstituted by 36/2011 s 9\n1.1.2012\ns 84(2)\namended by 16/2013 s 10(1)\ns 84(3)\namended by16/2013 s 10(2)\n\namended by 44/2019 s 35(1)\ns 84(3a)\ninserted by 16/2013 s 10(3)\ns 84(4)\namended by 57/2016 s 55\nprescribed offence\namended by 44/2019 s 35(2)\ns 85\n\ns 85(2)\namended by 17/2006 s 44\n\nsubstituted by 35/2018 s 29\ns 85(3)—(5)\ndeleted by 35/2018 s 29\ns 86\namended by 35/2018 s 30(1), (2)\ns 87\n(a) deleted by 37/2013 s 9\n\namended by 35/2018 s 31\ns 87(1)\ns 87 redesignated as s 87(1) by 44/2019 s 36\ns 87(2)\ninserted by 44/2019 s 36\ns 88 before deletion by 44/2019\n\ns 88(2)\ns 88(3)\ninserted by 57/2016 s 56\ns 88\ndeleted by 44/2019 s 37\ns 89\n\ns 89(1)\namended by 47/2008 s 33\n\namended by 7/2017 s 13\n\namended by 57/2016 s 57\n\n(d) deleted by 44/2019 s 38(1)\ns 89(2)\namended by 7/2017 s 13\n\namended by 35/2018 s 32\n\ndeleted by 44/2019 s 38(2)\ns 90 before deletion by 44/2019\n\ns 90(1)\namended by 37/2013 s 10(1)\n\nsubstituted by 35/2018 s 33(1)\ns 90(2)\namended by 37/2013 s 10(2)\n\nsubstituted by 35/2018 s 33(1)\ns 90(3)\namended by 35/2018 ss 33(2), 35(2)\n\n(d) deleted by 35/2018 s 33(3)\ns 90(4)\ns 90\n deleted by 44/2019 s 39\ns 91\n\ns 91(2)\namended by 11/2004 s 28\n\namended by 57/2016 s 58(1), (2)\ns 91(3)\namended by 35/2018 s 34(1)\ns 91(4)\n\namended by 35/2018 s 34(2)\ns 91(5)\n\namended by 35/2018 s 34(3)\ns 91(6)\ns 92\ndeleted by 11/2004 s 29\nSch 1\n\ncll 4—6\ndeleted by 11/2004 s 30\nSch 1 \nomitted under Legislation Revision and Publication Act 2002\nSch 2\ndeleted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\nTransitional etc provisions associated with Act or amendments\nAuthorised Betting Operations Act 2000, Sch 1\n1—Racing controlling authorities\n\t(1)\tThe body for the time being designated as the controlling authority for horse racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for horse racing by proclamation under Part 1 of this Act.\n\t(2)\tThe body for the time being designated as the controlling authority for harness racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for harness racing by proclamation under Part 1 of this Act.\n\t(3)\tThe body for the time being designated as the controlling authority for greyhound racing by proclamation under Part 2 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been designated as the racing controlling authority for greyhound racing by proclamation under Part 1 of this Act.\n2—Racing clubs\n\t(1)\tThe Minister may, by order in writing, require that on the commencement of section 34 an on-course totalisator betting licence be granted to each club that was a registered racing club within the meaning of the Racing Act 1976 immediately before that commencement in accordance with specified requirements as to the terms and conditions of the licence and the races that are to be approved contingencies for betting operations under the licence (without the need for any application by the club).\n\t(2)\tDespite any other provisions of this Act, the Authority must comply with a requirement under subclause (1).\n3—Bookmakers, clerks and licensed betting shops\n\t(1)\tA person authorised to act as a bookmaker by licence under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a bookmaker's licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the licence under the Racing Act 1976.\n\t(2)\tA person authorised to act as the clerk of a licensed bookmaker by licence under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a clerk's licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the licence under the Racing Act 1976.\n\t(3)\tA bookmaker authorised to conduct betting in premises registered under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a betting shop licence under Part 3 of this Act on the same conditions and for the balance of the term applying to the registration of the premises under the Racing Act 1976.\n\t(4)\tA licensed bookmaker or group of licensed bookmakers authorised to accept bets by permit under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been granted a permit under Division 2 of Part 4 of this Act authorising the acceptance of the bets.\n\t(5)\tAn event or combination of events constituting an approved event under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been approved by the Authority under section 4 as a contingency for fixed-odds betting by bookmakers.\n\t(6)\tRules in force under Part 4 of the Racing Act 1976 immediately before the commencement of this clause will, on that commencement, be taken to have been made by the Authority under Division 2 of Part 4 of this Act.\n\t(7)\tA bond or other security lodged by an applicant for, or holder of, a licence under Part 4 of the repealed Racing Act 1976 in accordance with the rules under that Part will be taken to have been lodged with the Authority in accordance with the rules under Division 2 of Part 4 of this Act, and a reference in the bond or other security to the Racing Industry Development Authority or the Bookmakers Licensing Board or the Betting Control Board will be taken to be a reference to the Authority.\nAuthorised Betting Operations (Licence and Permit Conditions) Amendment Act 2003, Sch 1\n1—Transitional provision\n\t(1)\tThe Minister may, by notice in writing within 30 days of the commencement of this Act, invite a licensed bookmaker to apply to the Authority for a grant of a 24 hour sportsbetting licence.\n\t(2)\tAn application made in response to an invitation under subclause (1) must be in a form determined by the Authority.\n\t(3)\tSections 37(1) and 38 of the principal Act do not apply to an application for the grant of a 24 hour sportsbetting licence made at the invitation of the Minister.\nAuthorised Betting Operations (Betting Review) Amendment Act 2004, Sch 1\n1—Transitional provision\n\t(1)\tA licence (other than an on-course totalisator betting licence) granted by the Independent Gambling Authority under Part 3 Division 1 of the Authorised Betting Operations Act 2000 and in force immediately before the commencement of this clause will, on that commencement, be taken to be a licence granted by the Liquor and Gambling Commissioner under that Division as amended by this Act on the same conditions and for the balance of the term applying to the licence at that commencement.\n\t(2)\tA person authorised to act as the clerk of a licensed bookmaker by licence under Part 3 Division 1 of the Authorised Betting Operations Act 2000 immediately before the commencement of this clause will, on that commencement, be taken to have been granted an agent's licence under that Division as amended by this Act on the same conditions and for the balance of the term applying to the clerk's licence.\n2—Major betting operations licence\nSubject to the licensee's approved licensing agreement, the major betting operations licence will be taken to authorise the licensee to conduct the forms of betting set out in section 9 of the Authorised Betting Operations Act 2000 as amended by this Act.\n3—Validation of rules\nRules made or purportedly made under section 62 of the Authorised Betting Operations Act 2000 before the commencement of this Act have the same force and effect, in relation to acts, omissions or things occurring after that commencement, as if made under the section as amended by this Act.\nStatutes Amendment (Investigation and Regulation of Gambling Licensees) Act 2007, Sch 1—Transitional provisions\n1—Authorised Betting Operations Act—Recovery of administration costs incurred in 2007/2008\nSection 33A of the Authorised Betting Operations Act 2000 (as inserted by this Act) is to apply to the financial year 1 July 2007 to 30 June 2008 subject to the following modifications:\n\t(a)\ta reference to the financial year is to be read as a reference to the period commencing on the day on which this Act comes into operation and ending on 30 June 2008;\n\t(b)\tsubsection (1) is to be read as though it required the notice to be provided not less than 1 month after the commencement of this Act;\n\t(c)\tsubsection (3) is to be read as though it required the licensee, in each month of the financial year, to pay to the Commissioner an amount equal to the recoverable administration costs for the financial year divided by the number of months in the financial year following the notice under subsection (1).\nStatutes Amendment (Betting Operations) Act 2008, Sch 1—Transitional provisions\n1—Authorised Betting Operations Act—codes of practice\n\t(1)\tSection 6A(6) and (8) of the Authorised Betting Operations Act 2000 as inserted by this Act does not apply to the first notices published in the Gazette under that section prescribing—\n\t(a)\tan advertising code of practice applicable to operations under the major betting operations licence or an on-course totalisator betting licence; and\n\t(b)\ta responsible gambling code of practice applicable to operations under the major betting operations licence or an on-course totalisator betting licence,\n(and, consequently, consultation is not required and the notices need not be laid before both Houses of Parliament and are not subject to disallowance).\n\t(2)\tThe Authority must ensure that—\n\t(a)\tthe advertising code of practice first prescribed by the Authority applicable to operations under the major betting operations licence or an on‑course totalisator betting licence is substantially in the form of the codes of practice approved by the Authority under section 48 of the Authorised Betting Operations Act 2000 immediately before the commencement of this paragraph; and\n\t(b)\tthe responsible gambling code of practice first prescribed by the Authority applicable to operations under the major betting operations licence or an on‑course totalisator betting licence is substantially in the form of the codes of practice approved by the Authority under section 49 of the Authorised Betting Operations Act 2000 immediately before the commencement of this paragraph.\n\t(3)\tFailure to comply with subclause (2) does not affect the validity of a code of practice.\nStatutes Amendment (Gambling Reform) Act 2013\n11—Transitional provision\n\t(1)\tThe holder of the major betting operations licence must, as soon as practicable after the commencement of section 8, notify the Independent Gambling Authority of all orders that were in force under section 50 of the Authorised Betting Operations Act 2000 immediately before the commencement of section 8.\n\t(2)\tIt is taken to be a condition of the major betting operations licence that the licensee comply with subsection (1).\n\t(3)\tA person who, immediately before the commencement of section 8, is barred by order under section 50 of the Authorised Betting Operations Act 2000 from entering or remaining in a particular place or making bets at a particular place or in a particular way, is, on the commencement of section 8, taken to be so barred under section 15C of the Independent Gambling Authority Act 1995 (as enacted by this Act)—\n\t(a)\tfor a period of 3 years; or\n\t(b)\tuntil a review of the order is completed under section 140,\nwhichever occurs first.\nStatutes Amendment (Budget 2016) Act 2016\n59—Transitional provision\n\t(1)\tIn this section—\nprincipal Act means the Authorised Betting Operations Act 2000.\n\t(2)\tDespite the amendments to the principal Act enacted by this Part, until the prescribed day the duty agreement in force under the principal Act immediately before the commencement of sections 14 and 30 continues in force and continues to bind the parties to the agreement (the parties) as if those sections had not been enacted (subject to any supplementary agreement entered into under subsection (3) and any transitional regulations made in accordance with section 91(4) of the principal Act as amended by this Act).\n\t(3)\tThe parties may enter into a supplementary agreement or vary the terms of the duty agreement for the purpose of transitioning from the arrangements applicable under the duty agreement to the taxation arrangements prescribed under the principal Act as amended by this Act.\n\t(4)\tFor the avoidance of doubt, the requirements relating to the duty agreement under section 15 of the principal Act as in force immediately before the commencement of section 15 of this Act do not apply to any agreement or variation of an agreement under subsection (3).\n\t(5)\tIn this clause—\nprescribed day means a day fixed by agreement between the parties as the day on which the duty agreement will terminate.\nStatutes Amendment and Repeal (Budget Measures) Act 2018, Pt 2\n36—Transitional provisions\n\t(1)\tA recommendation, designation, classification, ratification or consent given or made by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given or made under that Act as in force after the commencement of this section.\n\t(2)\tA notice, direction, order, requirement, request, determination or certificate given, issued or made by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given, issued or made under that Act as in force after the commencement of this section.\n\t(3)\tA notice, direction or request given to or received by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force as if it had been given or received under that Act as in force after the commencement of this section.\n\t(4)\tA notice prescribing a code of practice or requirements for systems and procedures published by the Independent Gambling Authority and in force under section 6A of the Authorised Betting Operations Act 2000 as in force immediately before the commencement of this section continues in force as if it had been published under that Act as in force after the commencement of this section.\n\t(5)\tA licence or approval granted by the Independent Gambling Authority and in force under the Authorised Betting Operations Act 2000 immediately before the commencement of this section continues in force (subject to the conditions (if any) applying to the licence or approval) as if it had been granted under that Act as in force after the commencement of this section.\n\t(6)\tIf a review has been commenced but not finally determined by the Independent Gambling Authority under section 77 of the Authorised Betting Operations Act 2000 before the commencement of section 27 of this Act, the review may be continued and completed by the Court as if it had been commenced under section 77 as in force after the commencement of section 27.\n\t(7)\tIf any application, investigation or other proceeding had been commenced but not finally determined by the Independent Gambling Authority under the Authorised Betting Operations Act 2000 before the commencement of this section, the application, investigation or proceeding may be continued and completed by the Commissioner as if it had been commenced under that Act as in force after the commencement of this section.\n\t(8)\tThe provisions of this section are subject to any regulations made under section 91(4) of the Authorised Betting Operations Act 2000 (as in force after the commencement of section 34(2)).\n\t(9)\tIn this section—\nCommissioner has the same meaning as in the Authorised Betting Operations Act 2000;\nCourt means the Licensing Court of South Australia;\nIndependent Gambling Authority means the Authority established under the Independent Gambling Authority Act 1995 (as in force immediately before the commencement of this section);\nnotice includes—\n\t(a)\ta compliance notice within the meaning of section 69(1) of the Authorised Betting Operations Act 2000; and\n\t(b)\tan expiation notice within the meaning of section 70(1) of the Authorised Betting Operations Act 2000.\nStatutes Amendment (Gambling Regulation) Act 2019, Sch 1 Pt 1\n1—Transitional and other provisions\nAny applications made under the Authorised Betting Operations Act 2000 that have not been finally determined before the day on which this clause commences may be continued and completed under that Act as if the amendments to that Act effected by the Statutes Amendment (Gambling Regulation) Act 2019 had not come into operation.\nGambling Administration Act 2019, Sch 1\n1—Interpretation\nIn this Schedule—\ngambling provider includes the State Lotteries Commission;\nrelevant day means the day on which clause 3 commences.\n3—Transitional and other provisions\n\t(2)\tA direction given by the Commissioner to a gambling provider pursuant to a gambling Act (as in force before the relevant day) may be enforced, after the relevant day, as if it had been given under section 10 of this Act.\n\t(7)\tAn advertising code of practice or a responsible gambling code of practice made and in force under a gambling Act immediately before the relevant day, continues in force as if it had been made under section 15 of this Act.\n\t(8)\tDisciplinary action commenced but not finally determined under a gambling Act before the relevant day may be continued and completed under Part 5 of this Act.\n\t(9)\tA person who is appointed as an inspector or is an authorised officer under a gambling Act immediately before the relevant day, will, on the commencement of Part 4 of this Act, be taken to be appointed as an inspector under that Part.\n\t(10)\tAny thing seized and retained by an authorised officer or the Commissioner under a gambling Act before the relevant day may, after the relevant day, be dealt with under section 32 of this Act.\n\t(11)\tA review commenced but not finally determined by the Court under a gambling Act before the relevant day may be continued and completed under Part 7 of this Act and the Court or the Commissioner may make a determination in accordance with section 55 of this Act pending the determination of review proceedings.\nHistorical versions\nReprint No 1—14.12.2001\n\nReprint No 2—31.5.2003\n\nReprint No 3—1.8.2003\n\nReprint No 4—24.11.2003\n\nReprint No 5—11.3.2004\n\n30.4.2004 (electronic only)\n\n1.1.2012\n\n1.7.2014\n\n","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":1807},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act has expanded significantly beyond its original 2000 purpose of regulating local totalisator and bookmaker operations. Major scope creep includes: (1) addition of Part 3A (2008/2009) authorising and regulating interstate betting operators; (2) insertion of Part 3B (2016) creating a comprehensive betting operations tax system with multi-jurisdictional revenue-sharing agreements; and (3) Part 4 Division 4 (2008) introducing complex integrity and contribution agreements between betting operators and racing controlling authorities. The Act has transformed from a simple licensing regime into a hybrid taxation, consumer protection, and national regulatory coordination instrument."},"complexity_factors":["Over 40 defined terms in the Interpretation section (s3), many referencing external legislation like the Corporations Act 2001 and Gambling Administration Act 2019.","Statutory construction rule at s3A requiring this Act to be read as a single Act with the Gambling Administration Act 2019, creating a dual-layer regulatory framework.","Multiple nested licence categories with conditional permissions: comprehensive vs limited major betting licences (s7, s9), on-course totalisator licences, bookmaker's licences, agent's licences, and interstate authorisations (Part 3A).","Complex taxation machinery in Part 3B involving net State wagering revenue calculations, CPI-indexed payments to the Gamblers Rehabilitation Fund (s40E), and thresholds ($150,000 exemption).","Mandatory contractual frameworks: approved licensing agreements (s12), racing distribution agreements (s13), integrity agreements, and contribution agreements (s62E) with specific probity and financial disclosure requirements.","Extensive cross-referencing to Commonwealth legislation for insolvency, corporate control, and competition law authorisations (ss12(12), 13(8), 81).","Transitional provisions and legislative history indicating numerous amendments that have modified scope, taxation, and regulatory authority over time."],"plain_english_summary":"This Act is the rulebook for legal betting in South Australia. It establishes a licensing system for anyone who wants to take bets—whether that's a large corporate bookmaker (like the TAB), an on-course bookmaker at the races, a racing club running a totalisator (the betting pool system), or an interstate online betting company.\n\n**What it does:**\n*   **Licences:** It creates different types of licences. The 'comprehensive' major betting licence allows off-course betting (betting shops and online), while 'limited' licences restrict operators to phone or internet only. It also licences individual bookmakers and racing clubs.\n*   **Protections:** It requires all operators to follow strict rules, including responsible gambling codes (to minimise harm), advertising codes, and systems to stop children (anyone under 18) from betting. It also bans lending money or extending credit for gambling.\n*   **Integrity:** Betting operators must enter into agreements with racing controlling authorities (the bodies that oversee horse, harness, and greyhound racing). These agreements ensure the racing industry gets paid contributions from betting revenue and that operators help maintain the integrity of races by reporting suspicious activity.\n*   **Taxation:** It imposes a 'betting operations tax' (currently 15% on net revenue over $150,000) on operators, with revenue directed to the Gamblers Rehabilitation Fund and the State. It also allows for multi-jurisdictional agreements to manage tax across state borders.\n*   **Enforcement:** A Commissioner oversees the industry, can investigate licensees, approve key staff (to ensure they are 'fit and proper' people without criminal connections), and can appoint managers if a betting business fails or defaults on tax.\n\n**Who it affects:**\n*   Betting operators (corporate bookmakers, race clubs, interstate online bookies).\n*   The racing industry (through funding and integrity agreements).\n*   Consumers (through consumer protection and responsible gambling requirements).\n\n**Why it matters:**\nThe Act ensures that betting is conducted honestly and fairly, protects vulnerable people from gambling harm, prevents criminal elements from infiltrating the industry, secures revenue for the State, and ensures the racing industry receives funding derived from betting on races."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible as the legislation text was not retrieved. The page returned only a website error message and navigation links, containing no substantive legal content from the Authorised Betting Operations Act 2000."},"complexity_factors":["No legislative text was retrievable — a 404 error was returned instead of the Act's content","Complexity cannot be meaningfully assessed without access to the actual provisions of the legislation","Score of 1 reflects the absence of content to analyse, not simplicity of the underlying law"],"plain_english_summary":"**No legislation content could be retrieved.**\n\nThe link provided for the *Authorised Betting Operations Act 2000* (South Australia) returned a **404 Page Not Found** error from the SA Legislation website. This appears to be caused by a broken or outdated hyperlink, likely affected by a website update rolled out on 24 March 2026.\n\n**What this means for you:** No analysis of the actual law can be provided because the legislation text was not accessible. If you need to review this Act, try:\n- Visiting [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) directly and searching for the Act by name\n- Updating any saved bookmarks or links created before 24 March 2026\n- Contacting the SA Office of Parliamentary Counsel at OPCWeb@sa.gov.au to report the broken link"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"Compared with the Act's simple long title (to regulate totalisator and other betting operations), the substance now covers a broader scope: it adds an express taxation regime on net State wagering revenue (Part 3B: ss 40D–40H); authorises interstate betting operators by notice and imposes conditions on their conduct in State (ss 40A, 40AA); creates detailed integrity and contribution agreement obligations with racing controlling authorities (s 62E); and integrates with the Gambling Administration Act 2019 for administrative and code‑making functions (s 3A). The legislative history and the presence of provisions authorising trade‑practices exceptions (ss 12(12), 13(8), 62E(10)) and exclusivity assurances in approved licensing agreements (s 12(9)) show the Act’s scope has expanded from regulating bookmakers and totalisators to a wider regulatory, fiscal and commercial architecture governing interstate operations, tax collection and industry‑level agreements."},"complexity_factors":["Multiple licence classes with different powers and limits (comprehensive, limited, bookmaker, agent, on-course) (ss 7, 9, 34)","High degree of discretion vested in multiple decision‑makers (Commissioner, Governor, Minister) and many binding directions (ss 7(4)–(5), 11, 12, 42, 85)","Extensive approval, notification and fit‑and‑proper regimes including criminal-history coordination with Police (ss 4A, 20(1a)–(1b), 23–26)","Interlocking commercial agreements (approved licensing agreements, racing distribution, integrity and contribution agreements) that can become licence conditions and affect competition (ss 12, 13, 62E)","Tax regime and multi‑jurisdictional collection mechanisms linked to other statutes and requiring administrative implementation (Part 3B: ss 40C–40H, 40D, 40F)","Detailed operational conditions (codes of practice, child-prevention systems, equipment approvals, player-return disclosures) requiring ongoing compliance (ss 41, 43, 46–49)","Powers to recover costs, appoint managers, and treat insolvency administrators as operators for liability and tax, creating complex insolvency‑regulatory interactions (ss 25, 33A, 74–76)","Significant confidentiality, evidentiary and enforcement provisions with limited obligations to give reasons (ss 62H, 87, 89, 85)","Large number of cross-references, amendments and interactions with other Acts (Gambling Administration Act 2019, Taxation Administration Act 1996) (s 3A, s 40C and legislative history)"],"plain_english_summary":"## What this law does, in plain English\n\nThis Act sets out how betting (including totalisator wagering, bookmakers and interstate online operators) is authorised, run, taxed and supervised in South Australia. Mechanically, it creates licence categories, prescribes licence conditions, authorises agreements between government and operators, gives regulatory powers to officials, and establishes tax and contribution rules.\n\nKey mechanical changes and rules\n\n- Licensing framework: the Governor (on recommendation of the Commissioner) grants a single comprehensive major betting operations licence (only one may exist at a time) and any number of limited major betting licences; the Commissioner grants bookmaker, agent and on-course totalisator licences and can attach conditions (ss 7, 9, 34, 36).  \n- Approved licensing and racing distribution agreements: a major licence must be supported by an approved licensing agreement with the Minister and (for a comprehensive licence) a racing distribution agreement with the racing industry; those agreements may become licence conditions and can fix commercial terms including maximum retention/commission rates (ss 12, 13, 11, 12(11), 13(1)–(2)).  \n- Interstate operators: operators based in other Australian jurisdictions may become authorised interstate betting operators by giving notice and, if authorised, may offer betting into SA by telephone/Internet subject to conditions (ss 40A, 40AA).  \n- Tax and revenue rules: betting operators that earn revenue from bettors located in SA pay betting operations tax on net State wagering revenue (no tax below $150,000; 15% on amounts above $150,000) and a specified annual payment flows to the Gamblers Rehabilitation Fund (Part 3B: ss 40D, 40E).  \n- Integrity and industry contributions: anyone taking bets on SA races must have integrity and contribution agreements with the relevant racing controlling authority and make contributions as agreed or as recoverable debts (s 62E).  \n- Regulatory powers and approvals: the Commissioner has broad investigatory, approval and supervisory powers (including to approve designated persons, rules, systems, procedures, equipment, locations, promotional material and staff training) and can require alterations, give directions and recover administration costs (ss 4, 4A, 20, 23–26, 41, 42, 46, 51, 33A).  \n- Enforcement tools and business-failure regimes: the Act creates offences and penalties, provides for disciplinary action for taxation defaults, allows appointment of official managers, and treats administrators/controllers as standing in the operator’s position for compliance and tax purposes (ss 73A, 74–76, 83–85).  \n- Consumer-protection and conduct rules: the Act requires measures to prevent minors betting, forbids extending credit for bets, prescribes advertising and responsible gambling codes of practice, and requires dispute-resolution systems and player-return information (ss 43, 44, 48, 49, 47, 46).  \n- Limits on commercial conduct and communications: approved agreements may include exclusivity guarantees (s 12(9)); certain trade-practices authorisations are stated in the Act (s 12(12), s 13(8)); paid communications about probable race results are restricted (s 61).\n\nWho it affects and who pays\n\n- Affected parties: operators (holders of comprehensive, limited, bookmaker, agent and on-course licences), authorised interstate betting operators, racing controlling authorities and licensed racing clubs, auditors, and persons seeking to acquire control or influence over licensed businesses (multiple sections: ss 7, 9, 34, 40A, 13, 16–18).  \n- Direct payers of fees and taxes: licensees and betting operators pay administrative cost recoveries (s 33A), investigators’ costs where investigations are carried out in connection with applications or ongoing suitability reviews (s 25), and betting operations tax on net State wagering revenue (s 40D). Operators taking bets on SA races must also make contributions under contribution agreements (s 62E).  \n- Who decides: the Commissioner performs licensing recommendations, approvals and investigations; the Governor formally grants major licences; the Minister can give binding directions on particular matters (e.g. locations and conditions) and signs approved licensing agreements (ss 7(4)–(5), 11(2)–(3), 12(1)–(4), 42, 34(3)–(4)). The Commissioner of State Taxation administers tax (ss 40C, 40D) and may trigger disciplinary processes for taxation defaults (s 73A).\n\nWhy the Act says it matters (official rationale) and what that implies mechanically\n\n- Stated objectives: ensure fitness and probity of those controlling betting, ensure betting is conducted responsibly and honestly with harm-minimisation, prohibit minors from gambling, and protect the State’s taxation interest (s 2). These objectives justify: fit-and-proper tests and background checks (s 4A, s 20(1a)–(1b)), codes of practice and systems for preventing children betting (ss 43, 62A), audit and reporting requirements (ss 27, 29), and tax rules (Part 3B). These mechanisms create administrative and compliance costs for operators (ss 25, 27, 33A) and vest substantial decision-making power in regulators (ss 22, 24, 51). \n\nPractical trade-offs, incentives and tangible effects (source‑grounded)\n\n- Concentrated benefits vs diffuse costs: the statute allows (subject to conditions and regulations) exclusivity assurances and restricts the comprehensive licence to one operator (s 12(9); s 7(2)). That concentrates market access and potential rents in the holder of the comprehensive licence while other operators face compliance, contribution and tax costs (ss 12(11), 13, 62E, 40D).  \n- Limits on ownership and external investment: many transactions that would change control, grant interests in business, or create partnerships require Commissioner approval (ss 16, 17, 18). This creates regulatory gating of changes in ownership and influence and an administrative hurdle for outside investors.  \n- Compliance and administrative burden: applicants must provide verified information in forms set by the Commissioner, pay investigation costs and monthly administration cost recoveries, keep audited accounts and supply them on request, and have approved systems/procedures for child prevention, dispute resolution and reporting (ss 21, 25, 33A, 27, 41, 43, 47, 46). These are recurring operational costs and record-keeping obligations.  \n- Bureaucratic discretion and implementation risk: the Commissioner and Minister hold multiple discretionary and binding powers (recommendations to Governor, approvals, requirements to alter systems/equipment, binding directions by Minister on particular matters) without an obligation to give reasons in many cases (ss 7(4)–(5), 11(2)–(3), 12(6), 41(4), 51, 85). That concentrates regulatory control and means operators must manage regulatory relations and legal risk.  \n- Effects on competition and private contract freedom: the Act explicitly authorises, subject to regulation, certain agreements and conduct that would otherwise engage trade practices laws (ss 12(12), 13(8), 62E(10)). Those provisions can lawfully alter how racing information and on-course betting are supplied and priced, affecting independent suppliers and competitors.  \n- Information and speech constraints: the Act restricts paid communication of advice about probable race results (s 61) and controls disclosure and use of information obtained under integrity/contribution agreements (ss 62E, 62H), which affects businesses that trade in betting-related information and the commercial use of data.  \n\nCosts, enforcement and recovery\n\n- Enforcement relies on administrative powers, civil debt recovery, disciplinary regimes and criminal penalties; unpaid investigation or administration costs are recoverable as debts to the State (ss 25(4)–(5), 33A(5)–(6)); contributions and unpaid operator contributions are recoverable as debts (s 62E(7), (12)). Tax defaults trigger disciplinary action processes (s 73A).  \n\nImplementation interfaces and dependencies\n\n- The Act is intended to be read together with the Gambling Administration Act 2019 (s 3A) and relies on the Commissioner of Police (for criminal history and confidentiality requests) and the Commissioner of State Taxation for tax administration and multi-jurisdictional arrangements (ss 3A, 20(1a)–(1b), 40C–40G). Multi-jurisdictional agreements are enabled to coordinate tax collection across states (s 40F).\n\nNet mechanical effect on private choice and markets (summary)\n\n- The Act creates a tightly regulated market for authorised betting in SA: gatekept by licences, conditioned by contractual agreements with the State and racing bodies, constrained on ownership changes and certain communications, and subject to tax and contribution obligations. It shifts routine commercial and investment choices into a regulated decision space where regulatory approvals, contractual licence conditions and reporting obligations determine who can operate, on what terms, and at what cost (see especially ss 7, 12, 13, 16–18, 40D, 62E)."}},"importantCases":[],"_links":{"self":"/api/acts/authorised-betting-operations-act-2000","history":"/api/acts/authorised-betting-operations-act-2000/history","analysis":"/api/acts/authorised-betting-operations-act-2000/analysis","conflicts":"/api/acts/authorised-betting-operations-act-2000/conflicts","importantCases":"/api/acts/authorised-betting-operations-act-2000/important-cases","documents":"/api/acts/authorised-betting-operations-act-2000/documents"}}