{"id":"nsw:sl-2022-0478","name":"Betting and Racing Regulation 2022","slug":"betting-and-racing-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"478 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176183,"registerId":"nsw-nsw:sl-2022-0478-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Betting and Racing Regulation 2022](/view/html/inforce/current/sl-2022-0478).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022.\n> \n> Note—\n> \n> This Regulation replaces the [Betting and Racing Regulation 2012](/view/html/repealed/current/sl-2012-0410), which is repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> applicant, for Part 3—see section 6.\n> \n> approval, for Part 3—see section 6.\n> \n> approval application, for Part 3—see section 6.\n> \n> approval holder, for Part 3—see section 6.\n> \n> close associate, for Part 3—see section 6.\n> \n> CPI number, for Schedule 2—see Schedule 2, section 1.\n> \n> fee unit, for Schedule 2—see Schedule 2, section 2(1).\n> \n> financial year, for Schedule 2—see Schedule 2, section 1.\n> \n> key employee, for Part 3—see section 6.\n> \n> Liquor & Gaming NSW, for Part 4—see section 14.\n> \n> Secretary means the Secretary of the Department of Enterprise, Investment and Trade.\n> \n> the Act means the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114).\n> \n> wagering turnover, for Part 3—see section 6.\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Sports controlling bodies—the Act, s 17B(3) and (4)","content":"# Part 2 Sports controlling bodies—the Act, s 17B(3) and (4)\n\nPart 2 Sports controlling bodies—the Act, s 17B(3) and (4)","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Application to be sports controlling body","content":"#### 4 Application to be sports controlling body\n\n4 Application to be sports controlling body\n\n> > (1) A person or body may apply to the Minister to be prescribed as the sports controlling body for a sporting event.\n> \n> > (2) The application must—\n> > \n> > > (a) be in the form approved by the Minister, and\n> > \n> > > (b) specify the sporting event to which the application relates, and\n> > \n> > > (c) be accompanied by the fee specified in Schedule 2, Part 1, Item 1.\n> \n> > (3) The Minister may request further information from the applicant for the purposes of assessing the application.\n> \n> > (4) The Minister must consider the following when assessing the application—\n> > \n> > > (a) if the applicant is the most appropriate person or body to be the sports controlling body for the sporting event,\n> > \n> > > (b) the degree of the applicant’s control over the organisation of the event,\n> > \n> > > (c) how the applicant intends to ensure betting services are conducted responsibly and with integrity,\n> > \n> > > (d) the applicant’s level of experience in managing sporting events,\n> > \n> > > (e) the public interest.","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Sports controlling body to inform Minister of change in circumstances","content":"#### 5 Sports controlling body to inform Minister of change in circumstances\n\n5 Sports controlling body to inform Minister of change in circumstances\n\n> > (1) A sports controlling body must give the Minister written notice of the following changes within 14 days of the change—\n> > \n> > > (a) a change in the degree of the body’s control over the organisation of the sporting event,\n> > \n> > > (b) a change in the membership of the body’s board of directors,\n> > \n> > > (c) a change in the body’s financial circumstances, including insolvency,\n> > \n> > > (d) a change in the persons or bodies with a controlling interest in the body,\n> > \n> > > (e) the commencement of criminal proceedings against the body.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) For subsection (1), if the sports controlling body is not a person, each member of the sports controlling body’s governing body must ensure the Minister is given written notice of the change.","sortOrder":6},{"sectionNumber":"Part 3","sectionType":"part","heading":"Use of NSW race field information","content":"# Part 3 Use of NSW race field information\n\nPart 3 Use of NSW race field information","sortOrder":7},{"sectionNumber":"6","sectionType":"section","heading":"Definitions","content":"#### 6 Definitions\n\n6 Definitions\n\n> In this Part—\n> \n> applicant means an applicant for an approval.\n> \n> approval means a race field information use approval.\n> \n> approval application means an application for a race field information use approval.\n> \n> approval holder means a person who holds an approval.\n> \n> close associate—see section 7(1).\n> \n> key employee, for an applicant or an approval holder, means a person, whether or not appointed under a contract of service, who—\n> \n> > (a) manages or supervises the applicant’s or approval holder’s wagering operations, or\n> \n> > (b) is authorised to make decisions regulating the applicant’s or approval holder’s wagering operations, or\n> \n> > (c) is concerned or engaged in the applicant’s or approval holder’s wagering operations.\n> \n> wagering turnover, in relation to a race or class of races, means the total amount of wagers made on the backers side of a wagering transaction in connection with the race or class of races.","sortOrder":8},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of “close associate”","content":"#### 7 Meaning of “close associate”\n\n7 Meaning of “close associate”\n\n> > (1) For this Part, a person is a close associate of an applicant or an approval holder if the person—\n> > \n> > > (a) is or will be able, in the opinion of the relevant racing control body, to exercise significant influence over the applicant’s or approval holder’s business because the person—\n> > > \n> > > > (i) holds or will hold a relevant financial interest in the business, or\n> > > \n> > > > (ii) is or will be entitled to exercise a relevant power in the business, or\n> > \n> > > (b) holds or will hold a relevant position, whether in the person’s own right or on behalf of another person, in the applicant’s or approval holder’s business.\n> \n> > (2) In this section—\n> > \n> > relevant financial interest, in a business, means—\n> > \n> > > (a) a share in the capital of the business, or\n> > \n> > > (b) an entitlement to receive income derived from the business, whether the entitlement is at law, in equity or otherwise.\n> > \n> > relevant position means—\n> > \n> > > (a) the position of director, manager or secretary, or\n> > \n> > > (b) another executive position, however described.\n> > \n> > relevant power means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—\n> > \n> > > (a) to participate in the making of a decision that may only be made by a person in a relevant position, or\n> > \n> > > (b) to elect or appoint a person to a relevant position.","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Fees for approvals—the Act, s 33A","content":"#### 8 Fees for approvals—the Act, s 33A\n\n8 Fees for approvals—the Act, s 33A\n\n> > (1) For the Act, section 33A(2)(a), a relevant racing control body may impose a condition for an approval holder to pay the following fees—\n> > \n> > > (a) a fee to cover the cost of assessing the approval application,\n> > \n> > > (b) a fee for the use of NSW race field information—\n> > > \n> > > > (i) in Australia in the course of providing a betting service, or\n> > > \n> > > > (ii) for a commercial purpose, other than in the course of providing a betting service.\n> \n> > (2) A fee imposed for the use of NSW race field information in the course of providing a betting service—\n> > \n> > > (a) must not exceed 4% of the approval holder’s wagering turnover if the holder’s wagering turnover is from wagers laid by the holder—\n> > > \n> > > > (i) at totalizator derived odds, and\n> > > \n> > > > (ii) at races to which the approval relates, and\n> > \n> > > (b) if the holder’s wagering turnover is not from wagers laid by the holder at totalizator odds—\n> > > \n> > > > (i) must not exceed 3% of the holder’s wagering turnover for a race to which the approval relates at a race meeting where the total value of all prizes for at least 1 race is $1,000,000 or more, and\n> > > \n> > > > (ii) must not exceed 2.5% of the holder’s wagering turnover for any other race to which the approval relates, and\n> > \n> > > (c) must include GST.\n> \n> > (3) In this section—\n> > \n> > GST has the same meaning as in the [A New Tax System (Goods and Services) Tax Act 1999](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > totalizator derived odds means odds derived from or contingent on totalizator odds, but does not include totalizator odds.\n> > \n> > totalizator odds means odds dependent on the outcome of a totalizator.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Permissible conditions for approvals—the Act, s 33A","content":"#### 9 Permissible conditions for approvals—the Act, s 33A\n\n9 Permissible conditions for approvals—the Act, s 33A\n\n> For the Act, section 33A(2)(b), the following kinds of conditions are prescribed as permissible conditions—\n> \n> > (a) conditions specifying the duration of the approval, including a condition that the approval operates until it expires or is cancelled,\n> \n> > (b) conditions specifying the way in which NSW race field information may be used under the approval,\n> \n> > (c) conditions requiring the approval holder to notify the relevant racing control body of certain matters, including the following—\n> > \n> > > (i) a change in the persons or bodies with a controlling interest in the approval holder,\n> > \n> > > (ii) a change in the approval holder’s financial circumstances, including insolvency or a significant improvement in wagering turnover,\n> > \n> > > (iii) the commencement of proceedings, including disciplinary action, against the approval holder in New South Wales or elsewhere under legislation or rules in relation to betting or racing,\n> \n> > (d) conditions requiring the approval holder to give the relevant racing control body information, including the approval holder’s financial and wagering records, to enable the body to audit and assess the holder’s compliance with the approval,\n> \n> > (e) conditions specifying the times within which the approval holder must pay fees due under the approval,\n> \n> > (f) conditions requiring the approval holder to give the relevant racing control body information about the approval holder’s wagering turnover in the way and within the times specified in the condition,\n> \n> > (g) if the approval holder conducts wagering operations in Australia—conditions requiring the approval holder to hold, and continue to hold, a licence or authority, however described, under a relevant State or Territory law that authorises the approval holder to carry out wagering operations.\n> \n> Note—\n> \n> An approval may be given for a single race or class of races—see the Act, section 33A(1). A class may be defined in many ways, including by geography or time.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A","content":"#### 10 Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A\n\n10 Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A\n\n> > (1) In addition to this Regulation, section 9, for the Act, section 33A(2)(b), conditions to preserve the integrity and reputation of the relevant kind of racing in New South Wales are prescribed as permissible conditions, including the following conditions requiring the approval holder—\n> > \n> > > (a) to give the relevant racing control body access to all the approval holder’s betting information and analyses in relation to the races covered by the approval,\n> > \n> > > (b) to give information to an inquiry or investigation specified by the relevant racing control body, within the time specified by the body,\n> > \n> > > (c) to permit the relevant racing control body to monitor wagering activity that relates to the races covered by the approval,\n> > \n> > > (d) to cooperate with either of the following, including by providing requested details of a betting account to the inquiry—\n> > > \n> > > > (i) an inquiry carried out by the relevant racing control body,\n> > > \n> > > > (ii) an inquiry or investigation carried out by a racing control body in another jurisdiction,\n> > \n> > > (e) not to open or maintain an account for a person who has been—\n> > > \n> > > > (i) warned off, or prohibited from attending, a racecourse by a relevant racing control body, or\n> > > \n> > > > (ii) disqualified from participating in racing activities by a relevant racing control body,\n> > \n> > > (f) not to open an account for a person who has not provided sufficient evidence of the person’s identity,\n> > \n> > > (g) to use a secure system to record the holder’s wagering operations to ensure a proper audit trail is kept,\n> > \n> > > (h) to participate in an online wagering monitoring system specified by the relevant racing control body,\n> > \n> > > (i) to accept a bet, up to a maximum amount specified in the condition, at odds that are publicly displayed by the approval holder, including by requiring the approval holder to—\n> > > \n> > > > (i) do anything to comply with the condition, or\n> > > \n> > > > (ii) not do anything to avoid compliance with the condition, for example closing or placing restrictions on a person’s betting account.\n> \n> > (2) In this section—\n> > \n> > publicly display, in relation to odds, means to display odds to the public generally including—\n> > \n> > > (a) on a semaphore board, or\n> > \n> > > (b) at an electronic betting terminal, or\n> > \n> > > (c) on a website, without requiring a person to identify themselves, for example, by requiring a person to log in or to provide personal information.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Grounds for cancelling or varying approvals—the Act, s 33A","content":"#### 11 Grounds for cancelling or varying approvals—the Act, s 33A\n\n11 Grounds for cancelling or varying approvals—the Act, s 33A\n\n> > (1) For the Act, section 33A(4), the following grounds for cancelling or varying an approval are prescribed—\n> > \n> > > (a) the breach of a condition of the approval,\n> > \n> > > (b) a change in the persons who have a controlling interest in the approval holder,\n> > \n> > > (c) the conviction of the approval holder or a key employee of an offence, in New South Wales or elsewhere,\n> > \n> > > (d) the taking of disciplinary action against the approval holder or a key employee under legislation in relation to betting or racing, in New South Wales or elsewhere,\n> > \n> > > (e) the employment of a person as a key employee if the person has—\n> > > \n> > > > (i) a criminal record, or\n> > > \n> > > > (ii) been subject to disciplinary action under legislation in relation to betting or racing, in New South Wales or elsewhere.\n> \n> > (2) The following grounds for varying an approval are prescribed—\n> > \n> > > (a) the relevant racing control body considers it necessary to do either of the following to preserve the integrity and reputation of the type of racing that is the subject of the approval in New South Wales—\n> > > \n> > > > (i) impose a condition specified in section 10(1)(i),\n> > > \n> > > > (ii) if the approval holder is already subject to the condition—vary the maximum amount specified in the condition,\n> > \n> > > (b) a change in the approval holder’s financial circumstances, including insolvency or a significant improvement in wagering turnover,\n> > \n> > > (c) an amendment to section 8(2) that changes the way in which a fee imposed for the use of NSW race field information in the course of providing a betting service is calculated.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Applications for approvals—the Act, s 33B","content":"#### 12 Applications for approvals—the Act, s 33B\n\n12 Applications for approvals—the Act, s 33B\n\n> > (1) For the Act, section 33B(2)(a), an approval application must be made—\n> > \n> > > (a) in writing, and\n> > \n> > > (b) in the form published by the relevant racing control body, and\n> > \n> > > (c) at least 30 days before—\n> > > \n> > > > (i) the race to which the approval relates, or\n> > > \n> > > > (ii) if the approval relates to a class of races—the first race in the class of races to which the approval relates.\n> \n> > (2) For the Act, section 33B(2)(b), the application must be accompanied by the following information—\n> > \n> > > (a) the name and contact details of the applicant,\n> > \n> > > (b) how the applicant intends to use NSW race field information, including the following—\n> > > \n> > > > (i) the race or class of races to which the application relates,\n> > > \n> > > > (ii) the types of wagering to which the NSW race field information relates,\n> > > \n> > > > (iii) if the information is intended to be published—when and how the applicant intends to publish the information,\n> > \n> > > (c) the applicant’s licence number, whether issued in New South Wales or elsewhere,\n> > \n> > > (d) the types of wagering provided by the applicant,\n> > \n> > > (e) the applicant’s history of providing betting services and using NSW race field information, including information about the applicant’s wagering turnover in relation to racing in New South Wales,\n> > \n> > > (f) the criminal history, if any, of the applicant and the applicant’s key employees and close associates, if known to the applicant,\n> > \n> > > (g) disciplinary action, if any, taken against the applicant and the applicant’s key employees and close associates under legislation in relation to betting or racing, whether in New South Wales or elsewhere, if known to the applicant,\n> > \n> > > (h) copies of policies and procedures required by the relevant racing control body for dealing with racing integrity issues in New South Wales.","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Criteria for determining applications—the Act, s 33B","content":"#### 13 Criteria for determining applications—the Act, s 33B\n\n13 Criteria for determining applications—the Act, s 33B\n\n> > (1) For the Act, section 33B(3)(b) and (4)(a), the relevant racing control body must take into account the following criteria when determining an approval application—\n> > \n> > > (a) whether the applicant is a fit and proper person to hold the approval,\n> > \n> > > (b) whether granting the approval would undermine the integrity of the race for which the approval is sought,\n> > \n> > > (c) whether the applicant holds a licence, however described, under the legislation of another State or Territory to carry out wagering operations.\n> \n> > (2) For the Act, section 33B(3)(b) and (4)(b), the relevant racing control body must not take into account the following criteria in determining an approval application—\n> > \n> > > (a) if the applicant is an individual—the location of the individual’s residential premises or office premises,\n> > \n> > > (b) if the applicant is a corporation—the location of the corporation’s head office,\n> > \n> > > (c) whether the applicant is licensed under New South Wales legislation, rather than the legislation of another State or Territory.","sortOrder":15},{"sectionNumber":"Part 4","sectionType":"part","heading":"Responsible gambling practices","content":"# Part 4 Responsible gambling practices\n\nPart 4 Responsible gambling practices","sortOrder":16},{"sectionNumber":"14","sectionType":"section","heading":"Definition","content":"#### 14 Definition\n\n14 Definition\n\n> In this Part—\n> \n> Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade comprising the group of staff who are principally involved in administering the Act.","sortOrder":17},{"sectionNumber":"15","sectionType":"section","heading":"Advisory statements—the Act, s 33H","content":"#### 15 Advisory statements—the Act, s 33H\n\n15 Advisory statements—the Act, s 33H\n\n> For the Act, section 33H(3), the advisory statements are prescribed in Schedule 3.\n> \n> **s 15:** Subst 2022 (780), Sch 1\\[1\\].","sortOrder":18},{"sectionNumber":"16","sectionType":"section","heading":"Problem gambling information brochures—the Act, s 37","content":"#### 16 Problem gambling information brochures—the Act, s 37\n\n16 Problem gambling information brochures—the Act, s 37\n\n> > (1) For the Act, section 37(3), a non-proprietary association that conducts a race meeting at a licensed racecourse must—\n> > \n> > > (a) ensure copies of a problem gambling information brochure are available in each part of the racecourse in which betting service providers conduct a betting service, and\n> > \n> > > (b) position the copies in a way that is reasonable to expect that a person in that part of the premises would be alerted to the copies, and\n> > \n> > > (c) in response to a request for a copy of a foreign language problem gambling information brochure—give a copy of the brochure to the person, in the language requested, as soon as possible after receiving the request.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) In this section—\n> > \n> > foreign language problem gambling information brochure means a brochure containing the telephone number for GambleAware in a language other than English—\n> > \n> > > (a) approved by the Secretary, and\n> > \n> > > (b) published on the Liquor & Gaming NSW website.\n> > \n> > GambleAware means the counselling and support service funded by the Responsible Gambling Fund.\n> > \n> > problem gambling information brochure means a brochure containing the telephone number for GambleAware—\n> > \n> > > (a) approved by the Secretary, and\n> > \n> > > (b) published on the Liquor & Gaming NSW website.\n> > \n> > Responsible Gambling Fund means the Fund established under the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015), section 115.","sortOrder":19},{"sectionNumber":"17","sectionType":"section","heading":"Counselling and gambling help notices to be displayed—the Act, s 37","content":"#### 17 Counselling and gambling help notices to be displayed—the Act, s 37\n\n17 Counselling and gambling help notices to be displayed—the Act, s 37\n\n> > (1) For the Act, section 37(3) and (4)(c), a non-proprietary association that conducts a race meeting at a licensed racecourse must—\n> > \n> > > (a) display a copy of the counselling notice near the main entrance to the racecourse and in each part of the racecourse in which betting is conducted, and\n> > \n> > > (b) position a copy of the counselling notice in a way that it is reasonable to expect a person in that part of the racecourse would be alerted to the contents of the notice, and\n> > \n> > > (c) display a copy of the gambling help notice on each automatic teller machine (ATM) and electronic funds transfer (EFT) facility at the racecourse.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A gambling help notice displayed on an ATM or EFT facility may consist of a permanently visible light emitting display.\n> \n> > (3) In this section—\n> > \n> > counselling notice means a notice approved by the Secretary—\n> > \n> > > (a) containing a statement about problem gambling help options, and\n> > \n> > > (b) published on a website maintained by Liquor & Gaming NSW.\n> > \n> > gambling help notice means a notice approved by the Secretary—\n> > \n> > > (a) containing a statement about problem gambling help options for the purposes of ATMs and EFT facilities, and\n> > \n> > > (b) published on a website maintained by Liquor & Gaming NSW.","sortOrder":20},{"sectionNumber":"18","sectionType":"section","heading":"Gambling information and warnings—the Act, s 37","content":"#### 18 Gambling information and warnings—the Act, s 37\n\n18 Gambling information and warnings—the Act, s 37\n\n> For the Act, section 37(3) and (4)(d), a licensed bookmaker must ensure that each ticket sold or given to a person for the purposes of placing a bet contains the following information—\n> \n> > Help is close at hand\n> \n> > www.gambleaware.nsw.gov.au\n> \n> > 1800 858 858\n> \n> Maximum penalty—50 penalty units.","sortOrder":21},{"sectionNumber":"Part 5","sectionType":"part","heading":"Miscellaneous","content":"# Part 5 Miscellaneous\n\nPart 5 Miscellaneous","sortOrder":22},{"sectionNumber":"19","sectionType":"section","heading":"Fees—the Act, ss 17B, 18 and 19","content":"#### 19 Fees—the Act, ss 17B, 18 and 19\n\n19 Fees—the Act, ss 17B, 18 and 19\n\n> > (1) For the Act, sections 17B(3), 18(6) and 19(3), the fees specified in Schedule 2, Part 1, are prescribed.\n> \n> > (2) The fees are to be adjusted for inflation in accordance with Schedule 2, Part 2.","sortOrder":23},{"sectionNumber":"20","sectionType":"section","heading":"Exemption from offence for giving access to unlicensed betting service providers—the Act, s 30","content":"#### 20 Exemption from offence for giving access to unlicensed betting service providers—the Act, s 30\n\n20 Exemption from offence for giving access to unlicensed betting service providers—the Act, s 30\n\n> For the Act, section 30(4), a person who is a member of the Communications Alliance is exempt from the operation of the Act, section 30(3).","sortOrder":24},{"sectionNumber":"21","sectionType":"section","heading":"Remedial orders—the Act, s 35A","content":"#### 21 Remedial orders—the Act, s 35A\n\n21 Remedial orders—the Act, s 35A\n\n> For the Act, section 35A(1), the following offences are prescribed—\n> \n> > (a) offences under the Act, sections 29, 30, 33, 33H and 33J,\n> \n> > (b) offences under this Regulation, sections 16(1), 17(1) and 18.","sortOrder":25},{"sectionNumber":"22","sectionType":"section","heading":"Notice of integrity agreement—the Act, s 37","content":"#### 22 Notice of integrity agreement—the Act, s 37\n\n22 Notice of integrity agreement—the Act, s 37\n\n> > (1) This section applies for the Act, section 37(3).\n> \n> > (2) A sports controlling body must, as soon as possible after entering into an integrity agreement referred to in the Act, section 18A or 18C, give the Minister written notice of the day on which the agreement was entered into.\n> \n> > (3) The Minister may require a sports controlling body to publish a notice, in the way determined by the Minister, stating that the body has entered into an integrity agreement referred to in the Act, section 18C.","sortOrder":26},{"sectionNumber":"23","sectionType":"section","heading":"Savings","content":"#### 23 Savings\n\n23 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Betting and Racing Regulation 2012](/view/html/repealed/current/sl-2012-0410), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":27},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 1 Penalty notice offences\n\nSchedule 1 Penalty notice offences\n\n| Provision | Penalty—individuals | Penalty—corporations |\n| Offences under the Gaming and Liquor Administration Act 2007 as applied by the Act, section 33O |\n| Section 34(4) | $1,100 | $1,100 |\n| Offences under the Act |\n| Section 14(1) | $220 | $220 |\n| Section 17 | $550 | $1,100 |\n| Section 18C(1) | $550 | $2,750 |\n| Section 19(1) | $550 | $2,750 |\n| Section 26GA | $1,100 | $1,100 |\n| Section 26GB | $1,100 | $1,100 |\n| Section 26GC | $1,100 | $1,100 |\n| Section 29(1) | $550 | $2,750 |\n| Section 30(1) and (3) | $550 | $2,750 |\n| Section 31(1) | $550 | $2,750 |\n| Section 33H(1), (4) and (5) | $5,500 | $15,000 |\n| Section 33HA | $5,500 | $15,000 |\n| Section 33I(2) | $2,750 | $13,750 |\n| Section 33J | $2,750 | $13,750 |\n| Section 33JA | $5,500 | $15,000 |\n| Section 33JB | $5,500 | $15,000 |\n| Section 33JC | $5,500 | $15,000 |\n| Section 33JG | $5,500 | $15,000 |\n| Section 33JK | $5,500 | $15,000 |\n| Offences under this Regulation |\n| Section 5(1) | $550 | $550 |\n| Section 16(1) | $550 | — |\n| Section 17(1) | $550 | — |\n| Section 18 | $550 | $550 |","sortOrder":28},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Fees","content":"# Schedule 2 Fees\n\nSchedule 2 Fees\n\nsection 19","sortOrder":30},{"sectionNumber":"Schedule 3","sectionType":"schedule","heading":"Advisory statements—the Act, s 33H","content":"# Schedule 3 Advisory statements—the Act, s 33H\n\nSchedule 3 Advisory statements—the Act, s 33H\n\nsection 15\n\n**sch 3:** Ins 2022 (780), Sch 1\\[2\\].","sortOrder":37}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content was provided to assess whether the regulation's scope changed from its original intent. The document supplied contains only website interface elements and status metadata, with no actual regulatory provisions visible."},"complexity_factors":["No substantive legal content was provided — only metadata, navigation elements, and version history were included in the supplied text","Unable to assess true complexity of the underlying regulation without its actual provisions","The score of 2 reflects the minimal analysable content, not necessarily the complexity of the full regulation","Staged repeal mechanism adds a minor administrative layer to track"],"plain_english_summary":"This subordinate regulation, made in NSW in August 2022 and updated March 2023, sets out detailed rules governing betting and racing activity under the parent Act. It will automatically repeal on 1 September 2027 under the Subordinate Legislation Act. The provided text lacked the regulation’s substantive provisions, so specifics aren’t available; likely affected parties include betting operators, licensed bookmakers, racing clubs, industry participants and bettors, making it important for daily compliance."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulation appears consistent with its original intent as a subsidiary instrument supporting the Betting and Racing Act 1998. It covers the expected areas: sports controlling bodies, race field information use approvals, responsible gambling practices, and administrative matters like fees. The 2022 version replaces the 2012 Regulation but maintains similar structural scope, with updates reflecting modern advertising mediums (social media, apps, streaming services) and current responsible gambling messaging requirements."},"complexity_factors":["Multiple defined terms with nested definitions (e.g., 'close associate' defined by reference to 'relevant financial interest', 'relevant position', and 'relevant power' in section 7)","Complex fee calculation structure in section 8 with percentage caps that vary based on: (a) whether wagers are at totalizator derived odds vs other odds, and (b) prize money thresholds ($1M+ vs under $1M)","Extensive cross-referencing to the parent Betting and Racing Act 1998 throughout","Schedule 3 contains detailed prescription of gambling advertisement requirements with 8 different categories of advertisements, each with specific tagline and call-to-action combinations","Mathematical formula for inflation adjustment of fee units in Schedule 2, Part 2 with CPI indexing","Conditional logic in advisory statement requirements (e.g., tagline 1 must be spoken only, except in TV ads where it must be both visual and spoken)","Multiple schedules containing substantive provisions (penalty notices, fees, advisory statements) rather than just appendices"],"plain_english_summary":"This Regulation sets the rules for betting and horse racing in New South Wales. It covers four main areas:\n\n**1. Sports controlling bodies**\n- Sporting organisations can apply to the Minister to become the official 'sports controlling body' for a particular event\n- The Minister checks if they're suitable based on their experience, control over the event, and ability to ensure betting is conducted responsibly\n- These bodies must tell the Minister about major changes (new board members, financial troubles, criminal proceedings) within 14 days\n\n**2. Using NSW race information**\n- Betting companies need approval to use NSW race field information (the official details about horses, jockeys, and races)\n- They must pay fees based on their betting turnover (how much money people bet through them)\n- The fees are capped at 2.5–4% depending on the type of betting and prize money involved\n- Racing control bodies can attach conditions to approvals, including requirements to share betting data, cooperate with integrity investigations, and not serve banned punters\n- Approvals can be cancelled if the company breaks rules, employs dodgy staff, or changes ownership\n\n**3. Responsible gambling**\n- Racecourses must display gambling help notices and make brochures available\n- Betting tickets must include the GambleAware helpline number\n- Betting ads must include specific warning messages (like 'You win some. You lose more' or 'Chances are you're about to lose') and details for gambling help services\n- Different types of ads (TV, radio, social media, apps) have different specific requirements for these warnings\n\n**4. Fees and penalties**\n- Sets out fees for applications (using 'fee units' that adjust for inflation each year)\n- Lists offences that can result in on-the-spot fines (penalty notices), ranging from $220 to $15,000 depending on the offence and whether a company or individual is involved"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"flash_summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Section 2 records replacement of the 2012 Regulation, but the text does not expressly indicate that the subject‑matter regulated has been broadened or narrowed. No explicit expansion or contraction of regulated activities is stated in the provisions provided."},"complexity_factors":["Multiple cross‑referenced definitions split across Parts and Schedules (see ss 3, 6 and Schedule 2).","Detailed procedural and timing requirements for applications and approvals, including pre‑race time limits and required supporting information (see ss 4, 12).","Substantial administrative discretion vested in the Minister and relevant racing control bodies (see s 4(3)–(4); s 13).","Wide range of permissible and integrity‑preserving conditions that can require access to betting data, monitoring and participation in specified systems (see ss 9, 10(1)(a),(c),(h)).","Complex fee structure with percentage caps tied to wagering turnover, GST inclusion, and CPI indexing of fee units with rounding rules (see s 8; Schedule 2, parts 1–2).","Detailed advertising advisory regime with many advertisement types, prescribed taglines and calls to action that vary by medium and duration (Schedule 3, Parts 1–4).","Short notification windows and multiple reporting obligations on sports controlling bodies and approval holders, backed by monetary penalties (see s 5; ss 16–18; Schedule 1).","Prescribed grounds for cancellation or variation that include criminal convictions, disciplinary actions and changes in financial control (see s 11).","Mixed enforcement architecture: penalty notices, prescribed remedial‑order offences and maximum penalty units across Acts and this Regulation (see s 21; Schedule 1).","Cross‑jurisdictional considerations (recognition of other States/Territories licences and investigations elsewhere) affecting assessment criteria and cooperation requirements (see ss 9(1)(g), 10(1)(d), 13(1)(c))."],"plain_english_summary":"This Regulation sets procedural, fee and compliance rules for betting and racing in New South Wales. It governs applications and approvals to use NSW race field information, who can be prescribed as a sports controlling body, responsible‑gambling materials and prescribed advertising wording.\nIt affects sports controlling bodies, betting service providers, racecourse operators and Liquor & Gaming NSW by creating application and notification duties, record‑sharing and monitoring powers, fee formulas and penalty regimes that change compliance costs and decision‑making discretion."}},"importantCases":[],"_links":{"self":"/api/acts/betting-and-racing-regulation-2022","history":"/api/acts/betting-and-racing-regulation-2022/history","analysis":"/api/acts/betting-and-racing-regulation-2022/analysis","conflicts":"/api/acts/betting-and-racing-regulation-2022/conflicts","importantCases":"/api/acts/betting-and-racing-regulation-2022/important-cases","documents":"/api/acts/betting-and-racing-regulation-2022/documents"}}