{"id":"racing-and-wagering-act-2024","name":"Racing and Wagering Act 2024","slug":"racing-and-wagering-act-2024","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30543,"registerId":"nt-racing-and-wagering-act-2024-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Racing and Wagering Act 2024.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\n(1) Subject to subsection (2), this Act commences on the day fixed by\nthe Administrator by Gazette notice.\n(2) If a provision of this Act does not commence before\n","sortOrder":1},{"sectionNumber":"12","sectionType":"section","heading":"February 2026, it commences on that day.","content":"12 February 2026, it commences on that day.\n","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Purposes","content":"3 Purposes\nThe purposes of this Act are as follows:\n(a) to promote probity, integrity and fairness in the racing and\nwagering industries and among its participants;\n(b) to establish a fair and efficient system of governance over the\nracing and wagering industries that:\n(i) protects the public interest; and\n(ii) limits opportunities for crime and dishonesty; and\n(iii) promotes the efficient development of those industries;\nand\n(iv) requires the payment of taxes and levies;\n(c) to protect the welfare of animals in the racing industry;\n\nRacing and Wagering Act 2024 2\n(d) to protect the public from adverse impacts of unsafe wagering,\nthrough consumer protection and harm minimisation\nmeasures;\n(e) to provide a fair and efficient mechanism for the resolution of\ncomplaints arising from racing or wagering.\n","sortOrder":3},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act:\nappeal means an appeal under Part 3, Division 7.\nappeals committee means the committee established by a race\ncontrol body under section 88(1).\napproved form means a form approved under section 43.\nassociate, see section 6.\nbetting exchange means a business that enables customers,\nthrough the business, to:\n(a) make or receive wagers with other persons; or\n(b) make wagers that may be matched with opposing wagers\nfrom other persons; or\n(c) transmit wagers to other persons for matching with opposing\nwagers.\nbetting exchange licence, see section 121.\nbetting exchange licensee means a person who holds a betting\nexchange licence.\nChair means:\n(a) in relation to the Commission – the Chair appointed under\nsection 18(1); and\n(b) in relation to the Tribunal – the Chair appointed under\nsection 95(1).\nchild means a person under 18 years of age.\nCommission means the Northern Territory Racing and Wagering\nCommission established by section 14(1).\ncommittee, of a race club, means the governing body of the club.\n\nRacing and Wagering Act 2024 3\ncomplaint means a complaint made under section 220.\ncontempt, see section 5.\ncontrol body, in relation to the approval to use sports information,\nmeans:\n(a) for a race in the Territory – the race control body; and\n(b) for a sporting event in the Territory – the body or entity\nauthorised by the Commission under section 170(5) for the\nevent; and\n(c) for a race or sporting event in another Territory or a State –\nthe body or entity governing the race or event.\ndecision notice, for a decision or action, means a written notice\nsetting out:\n(a) the decision or action and the reasons for it; and\n(b) any right the person to whom the notice is to be given has\nunder this Act to apply for a review of, or to appeal, the\ndecision or action.\nDirector means the Director of Racing and Wagering appointed\nunder section 29.\ndisciplinary action, see section 228.\nfit and proper person, see section 7.\nforeign ADI means a foreign authorised deposit-taking institution\nas defined in section 5(1) of the Banking Act 1959 (Cth).\ngreyhound racing means the racing of greyhounds and a meeting\nfor the purpose of conducting a greyhound race.\ngreyhound racing club means a body corporate that conducts\ngreyhound racing.\nharness racing means harness racing, pacing and a meeting for\nthe purpose of conducting harness racing races.\nharness racing club means a body corporate that conducts\nharness racing.\ninspector means an inspector appointed under section 32(1).\nkey person licence, see section 123.\n\nRacing and Wagering Act 2024 4\nlawful wager means a wager presumed to be lawful under\nsection 160.\nlicence means a licence issued under this Act.\nlicensee means a person who holds a licence issued under this\nAct.\non-course bookmaker licence, see section 119.\non-course bookmaker licensee means a person who holds an\non-course bookmaker licence.\nplace includes the following:\n(a) land;\n(b) a building, structure or erection of any kind, whether wholly or\npartly constructed or erected or in the course of construction\nor erection;\n(c) a room in a building, structure or erection referred to in\nparagraph (b);\n(d) a road, street, thoroughfare, alley or right of way;\n(e) a racecourse, athletic ground or other ground;\n(f) a vehicle, vessel or aircraft;\n(g) a tent, caravan, trailer or other conveyance.\nproperty includes real and personal property, whether situated in\nthe Territory or elsewhere, and any right, estate or interest in real\nand personal property, including a debt and thing in action.\npublic place means the following:\n(a) any place to which free access is permitted to the public, with\nthe express or tacit consent of the owner or occupier;\n(b) any place to which the public are admitted on payment of\nmoney only;\n(c) any road, street, footway, court, alley or thoroughfare which\nthe public are allowed to use, whether or not it is on private\nproperty;\n(d) any place regularly used by a race club;\n(e) any premises licensed under the Liquor Act 2019.\n\nRacing and Wagering Act 2024 5\nrace, see section 8.\nrace club means the following:\n(a) a thoroughbred racing club;\n(b) a harness racing club;\n(c) a greyhound racing club.\nrace control body means a race control body appointed under\nsection 46.\nracecourse means a place for the holding of race meetings or\ntrials.\nrace meeting means a meeting for the purpose of:\n(a) thoroughbred racing, harness racing or greyhound racing; or\n(b) wagering on thoroughbred racing, harness racing or\ngreyhound racing.\nracing means thoroughbred racing, harness racing or greyhound\nRacing and Wagering Fund means the fund established by\nsection 150(1).\nracing rules means the following rules established or adopted\nunder section 51:\n(a) the Rules of Thoroughbred Racing;\n(b) the Rules of Harness Racing;\n(c) the Rules of Greyhound Racing.\nRules of Greyhound Racing means the rules applicable to\ngreyhound racing established or adopted under section 51.\nRules of Harness Racing means the rules applicable to harness\nracing established or adopted under section 51.\nRules of Thoroughbred Racing means the rules applicable to\nthoroughbred racing established or adopted under section 51.\nSecretary of the Tribunal means the person appointed by the\nDirector under section 98(1).\n\nRacing and Wagering Act 2024 6\nsporting event means an event, whether of a sporting nature or\nnot, declared to be a sporting event under section 167(1).\nsports bookmaker licence, see section 122.\nsports bookmaker licensee means a person who holds a sports\nbookmaker licence.\nsports information, see section 169.\nterms and conditions of wagering means the terms and\nconditions required under section 180.\nthoroughbred racing means the racing of thoroughbred horses\nand a meeting for the purpose of conducting the racing of\nthoroughbred horses.\nthoroughbred racing club means a body corporate that conducts\nthoroughbred racing.\ntrial means an event held for the purpose of testing or training\nhorses or greyhounds for which no prize money, trophy or other\nreward, gratuity or privilege of more than a nominal value is offered.\nTribunal means the Northern Territory Racing Appeals Tribunal\nestablished by section 90(1).\nunlawful wager means a wager that is unlawful under section 199.\nvaluable thing includes a benefit or a promise, oral or in writing,\nconditional or absolute, to pay or give a valuable thing.\nwagering, see section 9.\nwagering control system, see section 163.\nwagering licensee means any of the following:\n(a) an on-course bookmaker licensee, betting exchange licensee\nor sports bookmaker licensee;\n(b) an agent of a person mentioned in paragraph (a).\nNote for section 4\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n\nRacing and Wagering Act 2024 7\n","sortOrder":4},{"sectionNumber":"5","sectionType":"section","heading":"Conduct constituting contempt","content":"5 Conduct constituting contempt\nFor this Act, the following conduct constitutes contempt of the\nCommission, the Tribunal or a panel of the Tribunal:\n(a) refusal, by a witness, when required by it at a hearing:\n(i) to attend the hearing; or\n(ii) to take an oath or affirmation; or\n(iii) to answer a question; or\n(iv) to produce a document or other thing;\n(b) contravening an undertaking given to it;\n(c) insulting, threatening, intimidating or obstructing:\n(i) the Commission, the Tribunal or a panel of the Tribunal;\nor\n(ii) one of the members of the Commission or Tribunal or\nthe Secretary of the Tribunal, in relation to the\nperformance of their functions or the exercise of their\npowers under this Act;\n(d) interrupting, obstructing or hindering its proceeding;\n(e) creating, or taking part in creating, a disturbance at or near the\nplace where it is sitting;\n(f) engaging in any other conduct that, under a law of the\nTerritory, would constitute contempt in the face of a court if it\nwere a court of record.\n","sortOrder":5},{"sectionNumber":"6","sectionType":"section","heading":"Meaning of associate","content":"6 Meaning of associate\n(1) For this Act, a person is taken to be an associate of another\nperson in the following circumstances:\n(a) if the other person is a body corporate:\n(i) the person holds or will hold a financial interest in the\nbusiness of the other person that allows the person to\nexercise a significant influence over the business of the\nother person; or\n(ii) the person is or will be entitled to exercise a power\n(whether in right of the person or on behalf of any other\nperson) in the management or operation of the business\n\nRacing and Wagering Act 2024 8\nof the other person that allows the person to exercise a\nsignificant influence over the business of the other\nperson;\n(b) if the other person is an individual – the person is a relative of\nthe other person;\n(c) in any case – the person holds or will hold a significant\nposition in the business of the other person.\n(2) For this section, the Commission may determine whether an\ninfluence or a position is significant in the circumstances.\nfinancial interest, in relation to a business, means:\n(a) any share in the capital of the business; or\n(b) any entitlement to receive income derived from the business;\nor\n(c) any entitlement to receive any money or valuable thing as a\nresult of money advanced to the business.\npower, in relation to a business, means any power, whether\nexercisable by voting or otherwise and whether exercisable alone\nor in association with others to:\n(a) participate in any directorial, managerial, or executive decision\nof the business; or\n(b) elect or appoint any person to a significant position in the\nrelative, in relation to an individual, means:\n(a) the spouse or de facto partner of the person; or\n(b) a parent, child, or sibling of the person; or\n(c) a parent, child, or sibling of the spouse or de facto partner of\nthe person.\nsignificant position, in relation to a business, means:\n(a) a director or executive officer of a business; or\n(b) a managerial position or managerial function in the business,\nif that position or function has a significant influence over the\nbusiness; or\n\nRacing and Wagering Act 2024 9\n(c) any position or function determined by the Commission to be\nof significant influence over the business.\n","sortOrder":6},{"sectionNumber":"7","sectionType":"section","heading":"Meaning of fit and proper person","content":"7 Meaning of fit and proper person\n(1) A person is not a fit and proper person if the person, within the\nprevious 10 years, was found guilty of an offence against any of the\n(a) this Act;\n(b) the Gaming Control Act 1993;\n(c) the Gaming Machine Act 1995;\n(d) the Racing and Betting Act 1983 (repealed);\n(e) the Totalisator Licensing and Regulation Act 2000;\n(f) the Unlawful Betting Act 1989 (repealed);\n(g) a law of another jurisdiction prescribed by regulation.\n(2) In determining whether or not a person is a fit and proper person\nunder this Act, the Minister, the Commission and the Director:\n(a) must have regard to subsection (1) and any other matters\nprescribed by regulation; and\n(b) may consider any other information they consider relevant.\n(3) Despite being found guilty of an offence against any of the laws\nspecified in subsection (1), a person may be determined by the\nMinister, the Commission or the Director to be a fit and proper\nperson under this Act, if the Minister, the Commission or the\nDirector considers the circumstances relating to the matter justify it.\n","sortOrder":7},{"sectionNumber":"8","sectionType":"section","heading":"Meaning of race","content":"8 Meaning of race\n(1) A race is a contest, event or contingency in which 2 or more\nhorses, horses in harness or greyhounds are drawn to compete,\none against the other or others, in a test of speed over a designated\ndistance or period or for the purpose of providing a contingency on\nwhich wagers may be made.\n(2) A race does not include:\n(a) a trial; or\n(b) a contest, event or contingency in which skills other than\nspeed alone are tested.\n\nRacing and Wagering Act 2024 10\n","sortOrder":8},{"sectionNumber":"9","sectionType":"section","heading":"Meaning of wagering","content":"9 Meaning of wagering\nFor this Act, wagering includes the following conduct:\n(a) making a wager;\n(b) receiving or accepting a wager;\n(c) negotiating, offering or agreeing to a wager;\n(d) paying or settling a wager.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Totalisator Licensing and Regulation Act 2000","content":"10 Totalisator Licensing and Regulation Act 2000\nThis Act does not apply in relation to:\n(a) a totalisator licence or a person operating under a totalisator\nlicence under the Totalisator Licensing and Regulation\nAct 2000; or\n(b) wagering under the Totalisator Licensing and Regulation\nAct 2000.\n","sortOrder":10},{"sectionNumber":"11","sectionType":"section","heading":"Application of Criminal Code","content":"11 Application of Criminal Code\nPart IIAA of the Criminal Code applies to an offence against this\nAct.\nNote for section 11\nPart IIAA of the Criminal Code states the general principles of criminal\nresponsibility, establishes general defences, and deals with burden of proof. It\nalso defines, or elaborates on, certain concepts commonly used in the creation of\noffences.\n12 Ministerial direction\n(1) The Minister may direct the Director and the Commission in the\nexercise of their powers and the performance of their functions.\n(2) The Director and the Commission must comply with any direction\ngiven by the Minister.\n\nRacing and Wagering Act 2024 11\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Codes of practice","content":"13 Codes of practice\n(1) The Minister may approve codes of practice, prepared by the\nDirector, to regulate licensees in relation to any matter governed by\n(2) A code of practice may:\n(a) consist of a code, standard, rule, specification or provision,\nprepared or adopted by the Director and not inconsistent with\nthis Act, in relation to any matter governed by this Act; and\n(b) apply, incorporate or refer to a document formulated or\npublished by a body or authority in effect at the time.\n(3) Before preparing a code of practice, or any variation or revocation\nof a code of practice, the Director must consult with the following:\n(a) the Commission;\n(b) the licensees affected by the code of practice;\n(c) any other persons the Director considers relevant.\n(4) The Director must publish:\n(a) a code of practice approved under this section; and\n(b) a copy or means of obtaining a free copy of any document\nincorporated or referred to in the code of practice.\nExample for subsection (4)(b)\nThe Director could publish a link to a document published on the website of\nanother regulatory body.\n(5) A licensee is not subject to a code of practice until the later of the\n(a) 14 days after the day the code is published;\n(b) a later day specified in the code.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Northern Territory Racing and Wagering Commission","content":"14 Northern Territory Racing and Wagering Commission\n(1) The Northern Territory Racing and Wagering Commission is\nestablished.\n\nRacing and Wagering Act 2024 12\n(2) The Commission:\n(a) is a body corporate with perpetual succession; and\n(b) is capable of suing and being sued in its corporate name; and\n(c) has a common seal.\n(3) All courts, judges and persons acting judicially must take judicial\nnotice of the common seal of the Commission affixed to a\ndocument and must presume that it was duly affixed.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Functions of Commission","content":"15 Functions of Commission\nThe Commission has the following functions:\n(a) to control, supervise and regulate the racing industry;\n(b) to control, supervise and regulate the wagering industry;\n(c) to monitor compliance with this Act and take disciplinary\naction and other measures to enforce this Act, including\nrequesting the prosecution of persons for offences against this\nAct;\n(d) to carry out any other functions conferred on it under this Act\nor any other law of the Territory.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Powers of Commission","content":"16 Powers of Commission\nThe Commission has the following powers:\n(a) to cause the Director to investigate or research matters\nrelating to the administration or operation of this Act, the\nracing and wagering industries or the conduct of licensees;\n(b) to determine applications under this Act and to issue licences\nin accordance with this Act;\n(c) to determine positions or functions that require a key person\n(d) to give directions to control bodies in the Territory and to\nlicensees;\n(e) to make guidelines for the effective regulation of the racing\nand wagering industries;\n(f) to issue rules for novelty wagers, declare sporting events and\nprohibit contingencies in relation to a sporting event;\n\nRacing and Wagering Act 2024 13\n(g) to enter into agreements, memorandums of understanding\nand other arrangements with national and international\nregulators and authorities in the racing and wagering\nindustries;\n(h) to determine complaints and take disciplinary action under this\nAct;\n(i) to hold hearings and establish procedures and rules for those\nhearings;\n(j) to direct licensees to implement consumer protection and\nharm minimisation measures related to the racing and\nwagering industries;\n(k) to provide educational and informative materials to licensees\nand the public regarding the operation of this Act and\ncompliance with its provisions;\n(l) exercise any other power given to the Commission under this\nAct.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Delegation","content":"17 Delegation\n(1) The Commission may delegate its powers and functions in relation\nto matters prescribed by regulation.\n(2) The Commission's powers and functions may be delegated to:\n(a) the Director; or\n(b) a public sector employee with appropriate qualifications or\nexperience for the delegation.\n(3) To avoid doubt:\n(a) the Commission cannot review or change a decision made by\nthe Commission's delegate; and\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Composition of Commission","content":"18 Composition of Commission\n(1) The Commission consists of 6 members, including a Chair and\nDeputy Chair, appointed by the Minister by Gazette notice.\n(2) A person must be eligible under section 19 to be appointed and\nhold office as a member.\n\nRacing and Wagering Act 2024 14\n(3) The exercise of the powers or the performance of the functions of\nthe Commission is not affected by reason only of a vacancy in the\noffice of a member.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Eligibility to hold office","content":"19 Eligibility to hold office\n(1) For a person to be eligible to be appointed and hold office as a\nmember of the Commission, the Minister must be satisfied that:\n(a) the person has:\n(i) demonstrable knowledge or experience of the\nthoroughbred, harness or greyhound racing industries,\nthe online wagering industry or the broader online\ngambling industry; or\n(ii) other knowledge or experience that enables the person,\nas a member, to assist the Commission in its functions;\nand\n(b) the person is a fit and proper person; and\n(c) the person resides in the Territory, unless the Minister grants\nan exception.\nNote for subsection (1)(a)\nThe knowledge or experience need not be limited to Australia.\n(2) In addition to the criteria in subsection (1), the Chair, Deputy Chair\nand at least one other member must be a legal practitioner who has\nbeen admitted to the legal profession for at least 5 years.\n(3) A person is not eligible to be appointed and hold office as a\nmember of the Commission if the person:\n(a) at any time within the previous 2 years:\n(i) was an employee of a race club; or\n(ii) had an interest, either directly or indirectly, in a business\nlicensed under this Act or the Racing and Betting\nAct 1983 (repealed); or\n(iii) was a beneficiary of a business licensed under this Act\nor the Racing and Betting Act 1983 (repealed); or\n(iv) had management or control of an office or agency\nestablished under an agency agreement with the\nlicensee of a totalisator licence issued under the\nTotalisator Licensing and Regulation Act 2000; or\n\nRacing and Wagering Act 2024 15\n(b) at any time within the previous 2 years, whether or not\nprofessionally, licensed or registered:\n(i) was a rider in thoroughbred racing or a driver in harness\nracing; or\n(ii) owned, trained or was otherwise directly involved, in\ngreyhound racing; or\n(c) at any time within the previous 3 years:\n(i) became bankrupt; or\n(ii) applied to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounded with creditors or makes an assignment of\nthe person's remuneration for their benefit.\n(4) The Minister may undertake any investigation the Minister\nappointed and hold office as a member of the Commission.\n(5) A member of the Commission must notify the Minister in writing if\nthe member is no longer eligible to hold office.\n(6) Despite subsection (1)(a), the Minister may waive ineligibility under\nthat subsection for a person if satisfied that:\n(a) the person has other experience that would benefit the\nCommission; and\n(b) the person will not hold the position of Chair or Deputy Chair\nof the Commission.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Validity of decisions","content":"20 Validity of decisions\nA decision of the Commission is not invalid merely because of a\ndefect or irregularity in, or in connection with, the appointment of a\nmember of the Commission.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Term of office","content":"21 Term of office\n(1) The term of office of a member of the Commission is the period, not\nexceeding 3 years, specified by the Minister in the appointment.\n(2) A member is eligible for reappointment.\n\nRacing and Wagering Act 2024 16\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Leave of absence","content":"22 Leave of absence\n(1) A member of the Commission may, with the approval of the Chair,\ntake a leave of absence not exceeding 3 months.\n(2) The Minister may grant a member leave of absence of 3 months or\nmore.\n(3) While on leave, a member must not exercise any powers or perform\nany functions as a member but the leave does not affect the\nmember's term of office.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Vacancy in office","content":"23 Vacancy in office\n(1) The office of a member of the Commission becomes vacant if:\n(a) the member resigns by written notice given to the Minister; or\n(b) the person is found guilty of an indictable offence, whether in\nthe Territory or elsewhere; or\n(c) the person becomes ineligible for appointment under\nsection 19; or\n(d) the Minister revokes the member's appointment.\n(2) The Minister must revoke the appointment of a member of the\nCommission if:\n(a) the member is absent, except on leave granted by the\nMinister, from 3 consecutive meetings of the Commission or\nmore; or\n(b) the member contravenes section 28; or\n(c) the Minister is satisfied that the member is guilty of\nmisbehaviour; or\n(d) the member is physically or mentally incapable of satisfactorily\nperforming the functions of the office.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Duties of Chair and Deputy Chair","content":"24 Duties of Chair and Deputy Chair\n(1) The Chair of the Commission must administer the affairs of the\nCommission, in accordance with the decisions and directions of the\n(2) The Chair has the power to do all things that are necessary or\nconvenient to be done for, or incidental to, the administration of the\naffairs of the Commission and the performance of the Chair's\nfunctions.\n\nRacing and Wagering Act 2024 17\n(3) The Deputy Chair acts as Chair when:\n(a) there is a vacancy in the office of the Chair; or\n(b) the Chair is unable to exercise the powers or perform the\nfunctions of the Chair.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Meetings of Commission","content":"25 Meetings of Commission\n(1) The Commission must meet as often as is necessary for the\nexercise of its powers and the performance of its functions.\n(2) The Chair presides at meetings of the Commission.\n(3) If the Chair and Deputy Chair are absent from a meeting:\n(a) a member chosen by the other members present is to preside;\nand\n(b) no determination relating to a complaint or disciplinary action\nmay be made in their absence unless one of the members\npresent is a legal practitioner.\n(4) At a meeting of the Commission:\n(a) a quorum is at least 3 members; and\n(b) a matter is decided by a majority of the votes of the members\npresent and voting; and\n(c) each member present has a vote on each matter to be\ndecided and, if the votes are equal, the member presiding has\nan additional vote in the form of a casting vote.\n(5) Subject to this Act, the Commission may conduct its meetings and\nproceedings as it considers appropriate.\n(6) A resolution may be made by the Commission without a meeting if:\n(a) at least half the members give written agreement to the\nresolution; and\n(b) notice of the resolution is given under procedures approved by\nthe Commission.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Records","content":"26 Records\nThe Commission must keep records of its proceedings.\n\nRacing and Wagering Act 2024 18\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Annual report","content":"27 Annual report\n(1) The Commission must prepare and give to the Minister an annual\nreport on the Commission's operations during the financial year.\n(2) The report must be given within 3 months after the end of each\nfinancial year.\n(3) The report must include:\n(a) a summary of the work of the Commission; and\n(b) a report on its operations as a race control body; and\n(c) the financial statements of the Racing and Wagering Fund.\n(4) The Minister must table a copy of the report in the Legislative\nAssembly within 6 sitting days after the Minister receives the report.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Conflict of interests","content":"28 Conflict of interests\n(1) A member of the Commission must disclose any personal interest\nin any matter being considered, or about to be considered, by the\n(2) The disclosure must:\n(a) be made as soon as possible after the member becomes\naware of the relevance of the personal interest in the matter\nand before the matter is considered by the Commission; and\n(b) explain the nature and extent of the personal interest and how\nit relates to the matter; and\n(c) be recorded in the minutes of the Commission.\n(3) A member with a personal interest in a matter must not:\n(a) be present when the Commission considers the matter; or\n(b) take part in a decision of the Commission on the matter.\n(4) For this section, a member has a personal interest in a matter if:\n(a) the member has a direct or indirect financial interest in the\nmatter; or\n(b) the member has a personal, professional, commercial or other\nrelationship with a person or entity and the nature of the\nrelationship is likely to, or may reasonably be regarded as\nlikely to, inhibit or prevent the member from exercising\n\nRacing and Wagering Act 2024 19\nindependent judgment about the matter; or\n(c) there is a reasonable possibility that the member's\nparticipation in the consideration of a matter will give a person\nor entity associated with the member a commercial\nadvantage.\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Appointment of Director","content":"29 Appointment of Director\nThe Minister must, by Gazette notice, appoint a public sector\nemployee to be the Director of Racing and Wagering.\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Powers and functions of Director","content":"30 Powers and functions of Director\n(1) The Director has the following functions:\n(a) to investigate applicants and assess their applications for\nlicences for determination by the Commission;\n(b) to appoint and supervise inspectors and the performance of\ntheir functions;\n(c) to appoint the Secretary to the Tribunal;\n(d) to conduct investigations into complaints or other matters\nunder this Act for determination by the Commission;\n(e) to monitor compliance with this Act and prosecute persons for\noffences against this Act on behalf of the Commission;\n(f) any other functions conferred on the Director under this or any\n(2) The Director has the powers necessary to perform the Director's\nfunctions.\n(3) The Director has the same powers as an inspector.\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Delegation","content":"31 Delegation\n(1) The Director may delegate any of the Director's powers and\nfunctions under this Act to a public sector employee with the\nqualifications or experience appropriate to exercise the power or\nperform the function.\n\nRacing and Wagering Act 2024 20\n(2) To avoid doubt:\n(a) the Director cannot review or change a decision made by the\nDirector's delegate; and\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Appointment of inspectors","content":"32 Appointment of inspectors\n(1) The Director may, in writing, appoint a person to be an inspector for\nthis Act, with or without conditions or limitations.\n(2) For a person to be eligible for appointment as an inspector, the\nDirector must be satisfied that:\n(a) the person has demonstrable skills or experience to enable\nthe person to exercise the powers and perform the functions\nof an inspector under this Act; and\n(b) the person is a fit and proper person.\n(3) The Director may undertake any investigation the Director\nappointed as an inspector.\n(4) An inspector must perform the duties required by this Act and any\nother duties assigned by the Director, subject to any conditions or\nlimitations in the inspector's appointment imposed by the Director.\n(5) A person located outside the Territory may be appointed as an\ninspector to exercise powers and perform functions under this Act\noutside the Territory when necessary or convenient.\n(6) An appointment under subsection (5) is valid for 6 months and may\nbe renewed.\n","sortOrder":31},{"sectionNumber":"33","sectionType":"section","heading":"Powers and functions of inspectors","content":"33 Powers and functions of inspectors\n(1) An inspector has the following functions:\n(a) monitoring compliance with this Act;\n(b) any other functions conferred on an inspector under this or\nany other Act.\n(2) An inspector has the following powers:\n(a) to conduct inspections;\n\nRacing and Wagering Act 2024 21\n(b) to conduct investigations on behalf of the Director for the\nCommission;\n(c) any other powers granted to an inspector under this or any\n","sortOrder":32},{"sectionNumber":"34","sectionType":"section","heading":"Accountability of inspectors","content":"34 Accountability of inspectors\n(1) An inspector must give written notice to the Director of all interests,\npecuniary or otherwise, that the inspector has, or acquires, that\nconflict or could conflict with the proper performance of the\ninspector's functions.\n(2) The Director must direct an inspector not to deal, or to no longer\ndeal, with a matter if the Director becomes aware that the inspector\nhas a potential conflict of interest in relation to a matter and the\nDirector considers that the inspector should not deal, or should no\nlonger deal, with the matter.\n","sortOrder":33},{"sectionNumber":"35","sectionType":"section","heading":"Prohibition on inspectors","content":"35 Prohibition on inspectors\n(1) An inspector commits an offence if the inspector participates in a\nrace or wagers with a licensee when prohibited from participating\nby any condition or limitation in the inspector's appointment.\nsubsection (1) if the inspector is acting under section 264.\n","sortOrder":34},{"sectionNumber":"36","sectionType":"section","heading":"Identity card","content":"36 Identity card\n(1) The Director must give an inspector an identity card stating the\nperson's name and that the person is an inspector.\n(2) The identity card must:\n(a) display a recent photograph of the inspector; and\n(b) state the card's date of issue and expiry (if any); and\n(c) state a unique identity number; and\n(d) be signed by the inspector.\n\nRacing and Wagering Act 2024 22\n(3) This section does not prevent the issue of a single identity card to a\nperson for this and another Act.\n","sortOrder":35},{"sectionNumber":"37","sectionType":"section","heading":"Loss of identity card","content":"37 Loss of identity card\n(1) An inspector who loses an identity card must, in writing, report the\nloss to the Director.\n(2) The Director may issue an inspector a replacement for a lost\nidentity card if satisfied that the inspector took reasonable steps to\nrecover the lost card.\nThis could be done on the basis of the inspector's statutory declaration.\n","sortOrder":36},{"sectionNumber":"38","sectionType":"section","heading":"Return of identity card","content":"38 Return of identity card\n(a) ceases to be an inspector; and\n(b) fails to return the person's identity card to the Director within\n21 days after the cessation.\n","sortOrder":37},{"sectionNumber":"39","sectionType":"section","heading":"Use of identity card","content":"39 Use of identity card\n(1) An inspector must carry the inspector's identity card when\nexercising a power under this Act.\n(2) An inspector must, on request, produce the inspector's identity card\nbefore exercising a power under this Act.\n","sortOrder":38},{"sectionNumber":"40","sectionType":"section","heading":"Cooling off period","content":"40 Cooling off period\nFor a period of 6 months after the day a person's appointment as\nthe Director or an inspector ends:\n(a) the person must not work for a licensee; and\n(b) a licensee must not obtain work from the person.\n\nRacing and Wagering Act 2024 23\n","sortOrder":39},{"sectionNumber":"41","sectionType":"section","heading":"Giving or serving documents","content":"41 Giving or serving documents\n(1) A document, notice, direction or request may be given, delivered,\nserved or lodged under this Act:\n(a) by serving it on the recipient as authorised by section 25 of\nthe Interpretation Act 1978; or\n(b) by sending it to the recipient's email address as an attachment\nto an email.\n(2) Subject to evidence to the contrary, a document, notice, direction or\nrequest sent as mentioned in subsection (1)(b) is taken to be given\nto the recipient when it is sent to the recipient's email address.\nNote for section 41\nSee section 25(2) to (4) of the Interpretation Act 1978 for when notices, directions\nor requests served as mentioned in subsection (1)(a) are taken to be served.\n","sortOrder":40},{"sectionNumber":"42","sectionType":"section","heading":"Guidelines","content":"42 Guidelines\n(1) The Commission may make guidelines in relation to the operation\nand administration of this Act.\n(2) Without limiting subsection (1), the guidelines may relate to any of\nthe following matters:\n(a) applications for registration for race clubs;\n(b) applications for licences;\n(c) the obligations of race clubs and licensees and their agents\nand employees under this Act;\n(d) compliance with and enforcement of this Act;\n(e) complaints and disciplinary actions under this Act.\n(3) The Commission must ensure that any guideline made under this\nsection is published.\n","sortOrder":41},{"sectionNumber":"43","sectionType":"section","heading":"Approve forms","content":"43 Approve forms\nThe Director may approve forms for this Act.\n\nRacing and Wagering Act 2024 24\n","sortOrder":42},{"sectionNumber":"44","sectionType":"section","heading":"Extending or abridging time","content":"44 Extending or abridging time\n(1) The Director or the Commission may, if reasonable to do so, extend\nor abridge a time limit specified under this Act for a procedure,\npower or function related to them respectively.\n(2) The Director or the Commission may extend a time limit after it has\nexpired.\n(3) Failure by the Director or the Commission to meet a deadline under\nthis Act does not for that reason alone invalidate the action, matter\nor proceeding being conducted.\n","sortOrder":43},{"sectionNumber":"45","sectionType":"section","heading":"Publication","content":"45 Publication\nAny notice, document or other information that must be published\nby the Director or the Commission under this Act must be published\nin a timely manner.\n","sortOrder":44},{"sectionNumber":"46","sectionType":"section","heading":"Race control body","content":"46 Race control body\n(1) The Minister may, by Gazette notice:\n(a) appoint a body corporate to be the race control body for one\nor more of the following:\n(i) thoroughbred racing;\n(ii) harness racing;\n(iii) greyhound racing; and\n(b) specify the race clubs over which it exercises control.\n(2) The Minister may appoint the Commission as the race control body\nfor thoroughbred racing if:\n(a) there is no suitable body corporate for this purpose; or\n(b) the appointment of a body corporate as the race control body\nshould be revoked for non-compliance with this Act.\n(3) Subject to subsection (1)(a), the Commission is the race control\nbody for harness racing and greyhound racing.\n\nRacing and Wagering Act 2024 25\n","sortOrder":45},{"sectionNumber":"47","sectionType":"section","heading":"Functions of race control body","content":"47 Functions of race control body\nThe functions of a race control body are:\n(a) to control, supervise, regulate and develop the racing industry\nwithin its jurisdiction; and\n(b) to hear appeals under Division 7; and\n(c) to carry out any other functions conferred on it under this Act.\n","sortOrder":46},{"sectionNumber":"48","sectionType":"section","heading":"Powers of race control body","content":"48 Powers of race control body\n(1) Subject to this Act, a race control body has the power to do\nanything necessary to perform its functions under this Act.\n(2) Without limiting subsection (1), a race control body may do the\n(a) establish and implement policies conducive to the\ndevelopment and welfare of the racing industry and the\nprotection of the public interest;\n(b) allocate to race clubs the dates and times when they may hold\nrace meetings;\n(c) investigate and report on proposals for the construction of new\nracecourses or for the alteration or renovation of existing\nracecourses;\n(d) make recommendations to the Commission about the\nlicensing of racecourses and racecourses generally;\n(e) supervise the activities of persons engaged in or associated\nwith the racing for which the race control body is responsible;\n(f) impose penalties and sanctions under the racing rules\napplicable to the racing for which the race control body is\nresponsible;\n(g) register race clubs and register or licence persons and\nanimals participating in the racing for which the race control\nbody is responsible;\n(h) impose fees for registration of a race club or the registration or\nlicensing of persons or animals in its locality;\n(i) impose fees for services;\n\nRacing and Wagering Act 2024 26\n(j) consult, join, affiliate and maintain association with other race\nclubs or bodies, whether in the Territory or elsewhere,\nconcerned with the breeding and use of animals for racing;\n(k) enter into contracts;\n(l) acquire, hold, take on lease and dispose of real and personal\nproperty whether in its own right or as trustee;\n(m) employ such persons as it thinks fit for the effective\nperformance of its functions and duties;\n(n) borrow money;\n(o) give such directions to a race club registered by it in relation to\nthe club's racecourse and its affairs as it thinks fit for the\nadvancement of racing whether in the Territory as a whole or\nin the locality of that racecourse;\n(p) if the race control body thinks fit – order that an audit of the\nbooks of accounts of a race club registered by it be conducted\nby an auditor nominated by the race control body;\n(q) scrutinise the constitutions of race clubs registered by it to\nensure that they conform with this Act and the racing rules;\n(r) publish information to inform the public about the racing\nindustry;\n(s) publish reports and recommendations on any matter relating\nto the racing for which the race control body is responsible;\n(t) undertake research and investigations into the breeding and\nuse of animals for racing.\n","sortOrder":47},{"sectionNumber":"49","sectionType":"section","heading":"Delegation by race control body","content":"49 Delegation by race control body\n(1) A race control body may, in writing, delegate to a member of the\nbody or an official of the body any of its powers and functions under\nA power exercised or function performed by the delegate is taken to have been\nexercised or performed by the race control body.\n(2) To avoid doubt:\n(a) a race control body cannot review or change a decision made\nby the race control body's delegate; and\n\nRacing and Wagering Act 2024 27\n","sortOrder":48},{"sectionNumber":"50","sectionType":"section","heading":"Commission direction","content":"50 Commission direction\n(1) The Commission may direct a race control body in the exercise of\nits powers and the performance of its functions.\n(2) The race control body must comply with any direction given by the\n","sortOrder":49},{"sectionNumber":"50A","sectionType":"section","heading":"Validation of actions taken or decisions made by","content":"50A Validation of actions taken or decisions made by\nThoroughbred Racing NT Incorporated\n(1) Any action taken or decision made or purported to have been taken\nor made by Thoroughbred Racing NT Incorporated (NTIA 02713)\nunder section 47 or 48 or any other section of this Act during the\nperiod commencing on 1 July 2024 and ending immediately before\nit was first appointed as a race control body by the Minister under\nsection 46 is taken to be valid and to have always been valid as if it\nhad been taken or made by a race control body during that period.\n(2) To avoid doubt, any action taken or decision made or purported to\nhave been taken or made by any person in reliance on any action\ntaken or decision made or purported to have been taken or made\nreferred to in subsection (1) is taken to be valid and to have always\nbeen valid.\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Establishment of racing rules","content":"51 Establishment of racing rules\n(1) The race control body for thoroughbred racing must establish or\nadopt the Rules of Thoroughbred Racing that apply in relation to\nthoroughbred racing.\n(2) The race control body for harness racing must establish or adopt\nthe Rules of Harness Racing that apply in relation to harness\n(3) The race control body for greyhound racing must establish or adopt\nthe Rules of Greyhound Racing that apply in relation to greyhound\n(4) A race control body may apply, adopt or incorporate, with or without\nchanges, the whole or part of a document as in force or existing at\na particular time or from time to time.\nExamples for subsection (4)\n1 The Australian Rules of Racing, published by Racing Australia.\n2 The Greyhound Australasia Rules, published by Greyhounds Australasia\nLimited.\n\nRacing and Wagering Act 2024 28\n(5) A race control body must publish any racing rules it establishes or\nadopts on its website.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Enforcement of racing rules","content":"52 Enforcement of racing rules\n(1) The racing rules may provide race control bodies and race clubs\nwith the power to impose penalties or sanctions for:\n(a) any contravention or attempted contravention of the racing\nrules for which they are responsible; and\n(b) any conduct that leads to a contravention or attempted\ncontravention of those racing rules; and\n(c) any aiding, abetting, counselling or procuring a contravention\nor attempted contravention of the racing rules.\n(2) The penalties and sanctions under the racing rules may include the\n(a) disqualifying, banning or suspending a person or animal from\nparticipating in racing conditionally, for a period of time or\npermanently;\n(b) giving a reprimand or warning;\n(c) imposing a fine not exceeding 650 penalty units;\n(d) forfeiting of all or part of a fee or prize money, regardless of\nthe amount.\n(3) A penalty or sanction under the racing rules may be imposed in\ncombination with one or more other penalties or sanctions under\nthose rules or this Act.\n(4) The racing rules may provide procedures in relation to:\n(a) the determination of liability for a penalty or sanction; and\n(b) the imposition of a penalty or sanction; and\n(c) the resolution of disputes arising under the racing rules.\n(5) All procedures referred to in subsection (4) must be fair to the\nparties involved.\n(6) A race control body and race club must act fairly when determining\nand imposing a penalty or sanction.\n\nRacing and Wagering Act 2024 29\n(7) A fine imposed under the racing rules is a debt due and payable as\nfollows:\n(a) in relation to thoroughbred racing:\n(i) if the Commission is the race control body for\nthoroughbred racing – to the Territory; or\n(ii) in any other case – to the race control body for\nthoroughbred racing;\n(b) in relation to harness racing – to the Territory;\n(c) in relation to greyhound racing – to the Territory.\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Compliance with racing rules","content":"53 Compliance with racing rules\n(1) Race control bodies, race clubs and their officials and employees\nand other persons attending a racecourse must comply with the\nracing rules applicable to them.\n(2) The following persons must comply with the Rules of Thoroughbred\nRacing and the Rules of Harness Racing in relation to any conduct\ninvolving thoroughbred racing or harness racing:\n(a) a trainer of a horse;\n(b) a person employed or contracted by a trainer in connection\nwith the training or care of a horse;\n(c) an owner of a horse;\n(d) a person authorised to nominate a horse for a race;\n(e) a rider or driver of a horse;\n(f) an agent of a rider or driver of a horse;\n(g) a person who provides a service connected with the keeping,\ntraining or racing of a horse;\n(h) any person registered or licensed by a race control body.\n(3) The following persons must comply with the Rules of Greyhound\nRacing in relation to any conduct involving greyhound racing:\n(a) a trainer of a greyhound;\n(b) a person employed or contracted by a trainer in connection\nwith the training or care of a greyhound;\n\nRacing and Wagering Act 2024 30\n(c) an owner of a greyhound;\n(d) a person authorised to nominate a greyhound for a race;\n(e) a person who provides a service connected with the keeping,\ntraining or racing of a greyhound;\n(f) any person registered or licensed by a race control body.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Licence required for racecourse","content":"54 Licence required for racecourse\nThe premises used for a racecourse must be licensed under this\nAct.\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Application for licence","content":"55 Application for licence\n(1) A person may apply to the Commission for a licence to operate\npremises as a racecourse.\n(2) The application must be:\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Issuing licence for racecourse","content":"56 Issuing licence for racecourse\n(1) The Commission may issue a licence to a race club to operate\npremises as a racecourse if satisfied that the proposed racecourse:\n(a) is financially sustainable, including having appropriate public\nliability insurance; and\n(b) complies with any requirements prescribed by regulation.\n(2) The Commission must give the race club a decision notice as soon\nas practicable after making a decision on the application.\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Registration of race clubs","content":"57 Registration of race clubs\n(1) The race control body may register a race club if satisfied that:\n(a) the constitution of the race club provides that the revenue of\nthe club may only be used for the objects and purposes of the\nclub; and\n\nRacing and Wagering Act 2024 31\n(b) the constitution of the race club prohibits the payment of\ndividends to the members of the club; and\n(c) any other criteria for registration prescribed by regulation are\nmet.\n(2) The race control body must revoke the registration of a race club if\nsatisfied that:\n(a) the revenue of the race club is not being used only for the\nobjects and purposes of the club; or\n(b) the race club did not comply with its constitution; or\n(c) any other criteria for revocation prescribed by regulation are\nmet.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Approval of days for race meetings","content":"58 Approval of days for race meetings\n(1) A race meeting may only be held on a day approved by the race\ncontrol body.\n(2) A registered race club must apply to the race control body for\napproval of the days for race meetings conducted by the race club.\n(3) An application under subsection (2) must be lodged with the race\ncontrol body before the beginning of the financial year in which the\nrace meeting is to be held.\n(4) The race control body may, by written notice to the race club,\napprove such number of days on which race meetings may be held\nas it thinks fit.\n(5) A copy of the notice of approval must be given to the Commission.\n(6) A race meeting commences at 8:00 am on the day on which it is to\nbe held and ends at midnight of that day.\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Offence related to race meeting","content":"59 Offence related to race meeting\n(1) A race club commits an offence if:\n(a) the race club conducts racing on a day; and\n(b) the day is not approved by its race control body.\n\nRacing and Wagering Act 2024 32\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Postponement or abandonment of race meeting","content":"60 Postponement or abandonment of race meeting\n(1) A registered race club may postpone or abandon a race meeting if:\n(a) it is impossible or impracticable to hold the meeting or a part\nof the meeting because of adverse weather or an emergency;\nor\n(b) the race control body consents to the postponement or\nabandonment.\n(2) A postponement or abandonment of a race meeting must be\nconducted in compliance with the racing rules applicable to it.\nA race meeting can only be postponed to another race day approved by the race\ncontrol body under section 58.\n(3) A postponement or abandonment may apply to all or part of a race\nmeeting.\n(4) A postponement or abandonment takes effect from the time when\nthe first public announcement of it is made on behalf of the race\nclub.\n(5) If a race club postpones part of a race meeting until another day,\nthe club may, with the approval of its race control body, stage\nanother race or races on that day sufficient to complete what the\nrace control body considers to be a normal race meeting for that\nclub.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Continuation of wagering","content":"61 Continuation of wagering\n(1) If a race meeting starts and the race club conducting that meeting\npostpones or abandons the whole or part of the race meeting, the\nrace club may allow wagering with licensees or investments in\ntotalisators under the Totalisator Licensing and Regulation Act 2000\nto continue at the race club's premises in respect of events to be\ndecided at other racecourses.\n(2) The wagering and investment may be allowed to continue only\nduring the time that wagering and investment would otherwise be\npermitted.\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Reports and financial records","content":"62 Reports and financial records\n(1) Each race control body and race club must:\n(a) keep proper books of account and records in relation to its\noperations; and\n\nRacing and Wagering Act 2024 33\n(b) prepare a statement of account and balance sheet audited by\na person qualified and suitable to perform the audit acceptable\nto the Commission.\n(2) Each race control body, other than the Commission, must give the\nCommission an annual report on its operations as soon as\npracticable after the end of the financial year of the race control\nbody.\n(3) The annual report must include the race control body's audited\nstatement of account and balance sheet in accordance with\napplicable Australian accounting standards.\n(4) The Commission may, at any time, require a race control body and\nrace club to give the Commission a report on such matters as it\nthinks fit.\n(5) A race control body that receives a request under subsection (4)\nmust give the report within the time specified by the Commission.\nNote for section 62\nThe Commission must report on its operations as a race control body in its\nannual report under section 27.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Review by race control body","content":"63 Review by race control body\n(1) A race control body must, at least once in each year, review the\nconduct of race meetings conducted or held by each race club\nregistered by it.\n(2) A race control body must cancel the remainder of the allotment of\nracing dates in respect of a race club if satisfied that the race\nmeetings of the race club:\n(a) were not held in good faith; or\n(b) were not held for the purpose of racing at the racecourse or\nwagering on a race at another racecourse; or\n(c) were held contrary to this Act, the racing rules or the public\ninterest.\n(3) If a race club cancels an allotment of race meetings, the race\ncontrol body must not allot any further race meetings for the race\nclub until it is satisfied that race meetings will be conducted by the\nrace club in accordance with this Act.\n\nRacing and Wagering Act 2024 34\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Duties of race club","content":"64 Duties of race club\n(1) A race club that holds race meetings must take reasonable steps\nto:\n(a) control, supervise, regulate and promote its race meetings;\nand\n(b) develop and implement policies for:\n(i) paragraph (a); and\n(ii) the protection of the public interest; and\n(iii) the welfare of animals used in the racing industry.\n(2) A race club must ensure that no person offers or receives wagers at\nits racecourse without a licence authorising that conduct.\n(3) A race club that holds race meetings must fix the areas where and\nthe hours during which wagering licensees may conduct their\n(4) Nothing in this Act authorises a race club to impose:\n(a) conditions on wagering licensees other than those conditions\nallowed under subsection (3); or\n(b) a fee or charge for allowing a wagering licensee to conduct\nbusiness on a racecourse under its control, unless the fee is\nauthorised, in writing, by the Commission.\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Agreements with licensees under Totalisator Licensing and","content":"65 Agreements with licensees under Totalisator Licensing and\nRegulation Act 2000\n(1) A race control body or a race club may enter into an agreement\nwith a person who holds a licence under the Totalisator Licensing\nand Regulation Act 2000 for the purpose of operating a totalisator\nor conducting totalisator wagering under the person's licence.\n(2) If a race control body or a race club enters into an agreement under\nsubsection (1), section 40 of the Totalisator Licensing and\nRegulation Act 2000 applies in relation to the agreement.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Charges payable to Commission","content":"66 Charges payable to Commission\n(1) If the Commission is a race control body, the Commission may, by\nwritten notice, require a race club within its jurisdiction to pay to it\nreasonable fees to meet the expenses of services rendered by the\nCommission to the race club.\n\nRacing and Wagering Act 2024 35\n(2) The fees may be required from time to time and must be paid within\nthe times specified by the Commission in the notice.\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Certificate evidence","content":"67 Certificate evidence\nA certificate purporting to be signed by the Chair of the Commission\nspecifying that a specified amount is payable by a race club under\nsection 66 is evidence of the matter specified in the certificate.\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Dissolution if deregistered","content":"68 Dissolution if deregistered\n(1) A race club that is no longer registered must take all reasonable\nsteps to dissolve itself in accordance with:\n(a) its constitution; and\n(b) this Act; and\n(c) any other law applicable to the dissolution.\n(2) If there is an inconsistency between the constitution of a race club\nin relation to its dissolution and this Act, this Act prevails to the\nextent of the inconsistency.\n(3) The Commission may, in writing, allow a race club to postpone its\ndissolution for a period not exceeding 12 months from the date on\nwhich the club ceased to be registered if satisfied that:\n(a) the financial records of the race club are adequate and\naccurate; and\n(b) the assets of the race club are secure.\n(4) The Commission may allow a race club further postponements of\nits dissolution for:\n(a) subsequent periods not exceeding 6 months at a time; or\n(b) an indefinite period specified by the Commission if the race\nclub and its officers or members caused no delay in the race\nclub's dissolution.\n(5) If a race club fails to complete its dissolution within the period\nrequired under this section, on the day after the period expires:\n(a) the race club is automatically dissolved; and\n(b) the assets of the race club are forfeited to the Territory.\n\nRacing and Wagering Act 2024 36\n(6) Subject to any Act of the Commonwealth, a thing forfeited to the\nTerritory under this Act becomes the public property of the Territory\nand extinguishes all other interests in the thing.\nNotes for subsection (6)\n1 The Personal Property Securities Act 2009 (Cth) protects security interests in\ngoods.\n2 The sale and disposal of public property is also governed by the Financial\nManagement Act 1995.\n(7) Any amount realised from the forfeited assets of a race club must\nbe paid as follows:\n(a) first for the payment of all debts and liabilities, if any, of the\nrace club;\n(b) second for any reasonable expenses incurred by the race\ncontrol body in relation to the dissolution of the race club;\n(c) any remaining balance to the Territory.\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Notice to Commission","content":"69 Notice to Commission\nA race control body, other than the Commission, must give written\nnotice to the Commission if it revokes the registration of a race club\nas soon as practicable after the revocation.\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Offence of failing to give notice","content":"70 Offence of failing to give notice\n(a) is a race control body, other than the Commission; and\n(b) fails to give notice in accordance with section 69.\n\nRacing and Wagering Act 2024 37\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Appointment of administrator","content":"71 Appointment of administrator\n(1) A race control body may, by written notice to a race club, appoint\nan administrator to administer the affairs of the race club if:\n(a) the race control body is satisfied that the race club has\ncontravened this Act; and\n(b) the appointment is approved by:\n(i) the Commission; or\n(ii) if the race control body is the Commission – the Minister.\n(2) The notice of appointment must specify:\n(a) the date of appointment; and\n(b) the appointee's name; and\n(c) the appointee's business address.\n(3) A race control body may make rules, not inconsistent with this Act,\nto define the duties, responsibilities and authority of an\nadministrator appointed under subsection (1).\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Effect of appointment","content":"72 Effect of appointment\n(1) On the appointment of an administrator for a race club:\n(a) the members of the governing board or committee of the race\nclub cease to hold office; and\n(b) the administrator may terminate a contract of employment with\nthe race club; and\n(c) the administrator may terminate a contract for the provision of\nsecretarial or administrative services for the race club; and\n(d) the administrator may terminate a contract for the provision of\nother services to the race club.\n(2) The administrator has the functions of the governing board or\ncommittee of the race club, including the board's or committee's\npowers of delegation.\n(3) An officer of the race club must not be appointed or elected while\nthe administrator is in office except as provided by this Division.\n\nRacing and Wagering Act 2024 38\n","sortOrder":72},{"sectionNumber":"73","sectionType":"section","heading":"Revocation of appointment","content":"73 Revocation of appointment\n(1) An administrator holds office until the appointment is revoked.\n(2) The race control body may, by written notice, revoke the\nappointment of an administrator.\n(3) If a liquidator of a race club is appointed, the appointment of an\nadministrator of the race club is automatically revoked.\n(4) As soon as practicable after the revocation of an administrator's\nappointment, the administrator must prepare and submit a report to\nthe race control body showing how the administration was carried\nout and, for that purpose, an administrator has access to the race\nclub's records and documents.\n(5) On providing the report under subsection (4) and accounting fully in\nrelation to the administration of the race club to the satisfaction of\nthe race control body, the administrator is released from further\nduty to account in relation to the administration of the race club\nother than on account of fraud, dishonesty, negligence or wilful\nfailure to comply with this Act.\n(6) Before revoking the appointment of an administrator of a race club,\nthe race control body must:\n(a) appoint another administrator; or\n(b) ensure that members of the governing board or committee of\nthe race club are elected in accordance with the constitution of\nthe race club at a meeting convened by the administrator in\naccordance with the constitution; or\n(c) appoint members to the governing board or committee of the\nrace club.\n(7) Elected members of the governing board or committee or members\nof the governing board or committee appointed under\nsubsection (6):\n(a) take office on the revocation of the administrator's\nappointment; and\n(b) in the case of members appointed under subsection (6)(c) –\nhold office, subject to this Act, until the next annual general\nmeeting of the race club after the revocation of the\nadministrator's appointment.\n\nRacing and Wagering Act 2024 39\n","sortOrder":73},{"sectionNumber":"74","sectionType":"section","heading":"Expenses of administration","content":"74 Expenses of administration\n(1) The expenses of and incidental to the conduct of the affairs of a\nrace club by an administrator are payable from the race club's\nfunds.\n(2) Those expenses include:\n(a) if the administrator is not a public sector employee –\nremuneration of the administrator at a rate approved by the\nCommission; or\n(b) if the administrator is a public sector employee – the amount\nthat the Commission certifies is to be paid to the Territory as\nrepayment of the administrator's remuneration.\n(3) An amount certified under subsection (2)(b) is a debt due and\npayable to the Territory.\n(4) An administrator has, in relation to the expenses specified in\nsubsection (1), the same priority on the winding up of a race club as\nthe liquidator of an association under the Associations Act 2003.\n","sortOrder":74},{"sectionNumber":"75","sectionType":"section","heading":"Liabilities arising from administration","content":"75 Liabilities arising from administration\n(1) The administrator is liable for any loss the race club incurs because\nof the administrator's fraud, dishonesty, negligence or intentional\nfailure to comply with this Act or the constitution of the race club.\n(2) An administrator is not liable for any loss incurred by a race club,\nother than under subsection (1), but must account for the loss in the\nreport under section 73(4).\n","sortOrder":75},{"sectionNumber":"76","sectionType":"section","heading":"Additional powers of Commission","content":"76 Additional powers of Commission\n(1) If the race control body appoints members of the governing board\nor committee of a race club under section 73(6)(c), the Commission\nmay, by written notice to the race club:\n(a) declare that this section applies to the race club for the period\nspecified in the notice; and\n(b) specify the terms and conditions on which all or any of the\nmembers of the governing board or committee hold office.\n(2) While this section applies to the race club, the Commission may do\nany of the following:\n(a) remove or appoint members of the governing board or\ncommittee;\n\nRacing and Wagering Act 2024 40\n(b) vary, revoke or substitute a term or condition specified under\nsubsection (1)(b);\n(c) suspend or vary a provision of the race club's constitution.\n(3) The Commission may, by written notice to the race club, extend the\ntime for which this section is to apply to the race club.\n","sortOrder":76},{"sectionNumber":"77","sectionType":"section","heading":"Charges payable to Commission","content":"77 Charges payable to Commission\n(1) The Commission may, by written notice, require a race club to pay\namounts to meet the expenses of services rendered by the\nCommission to the race club.\n(2) The race club must pay to the Racing and Wagering Fund any\namount required to be paid within the time specified in the notice.\n(3) In an action brought for the recovery of money payable under\nsubsection (2), a certificate purporting to be signed by the Chair of\nthe Commission or other person authorised by the Commission\nspecifying that an amount is due and payable by a race club is\nevidence of the matters contained in the certificate.\n(4) In addition to any other discipline or sanction, the Commission may\nsuspend the registration of a race club until payment under\nsubsection (2) is made.\n","sortOrder":77},{"sectionNumber":"78","sectionType":"section","heading":"Stay of proceedings","content":"78 Stay of proceedings\n(1) If a race control body appoints an administrator to conduct the\naffairs of a race club, no person may begin or continue a\nproceeding in a court against the race club until the administrator's\nappointment is revoked except with the leave of the Supreme Court\nand in accordance with any terms and conditions the Court may\nimpose.\n(2) A person intending to apply for leave of the Court under\nsubsection (1) must give the race control body at least 10 days'\nnotice of that intention.\n","sortOrder":78},{"sectionNumber":"79","sectionType":"section","heading":"Administrator to report to race control body","content":"79 Administrator to report to race control body\nOn the receipt of a request from the race control body, the\nadministrator of a race club must, without delay, prepare and give\nto the race control body a report showing how the administration is\nbeing carried out.\n\nRacing and Wagering Act 2024 41\n","sortOrder":79},{"sectionNumber":"80","sectionType":"section","heading":"Unlicensed racecourse","content":"80 Unlicensed racecourse\n(a) the person intentionally uses a place as a racecourse; and\n(b) the place is not licensed for that purpose.\n","sortOrder":80},{"sectionNumber":"81","sectionType":"section","heading":"Failure to report","content":"81 Failure to report\n(1) A race control body or race club commits an offence if it fails to give\na report as required under section 62.\n","sortOrder":81},{"sectionNumber":"82","sectionType":"section","heading":"Unlawful racing","content":"82 Unlawful racing\n(1) A person commits an offence if the person conducts a race meeting\n","sortOrder":82},{"sectionNumber":"83","sectionType":"section","heading":"Occupier allowing unlawful racing","content":"83 Occupier allowing unlawful racing\n(a) is an occupier of a place; and\n(b) allows another person to conduct a race meeting in that place\n\nRacing and Wagering Act 2024 42\n","sortOrder":83},{"sectionNumber":"84","sectionType":"section","heading":"Permitting unlicensed bookmaker at racecourse","content":"84 Permitting unlicensed bookmaker at racecourse\nA race club commits an offence if:\n(a) it intentionally permits a person to be present at its\nracecourse; and\n(b) the person conducts the business of wagering and the race\nclub is reckless in relation to that conduct; and\n(c) the person is not licensed to engage in that conduct and the\nrace club is reckless in relation to that circumstance.\n","sortOrder":84},{"sectionNumber":"85","sectionType":"section","heading":"Decisions with no right of appeal","content":"85 Decisions with no right of appeal\nDespite any other provision of this Act, no appeal may be made\nfrom a decision under any racing rules that:\n(a) imposes a fine not exceeding the amount prescribed by\nregulation; or\n(b) concerns the eligibility of an animal to race or the conditions\nunder which an animal can race; or\n(c) disqualifies or suspends an animal from racing, except where\nthat disqualification or suspension is combined with a penalty\nor other sanction imposed on a person; or\n(d) is not appealable under the applicable racing rules.\n","sortOrder":85},{"sectionNumber":"86","sectionType":"section","heading":"Right of appeal","content":"86 Right of appeal\n(1) A person may appeal a decision in respect of that person or an\nanimal owned by that person made by:\n(a) a steward of a race club; or\n(b) a race club; or\n(c) a race control body.\n(2) Subject to subsection (3), an appeal of a decision made by a\nsteward of a race club must be made to the race control body.\n\nRacing and Wagering Act 2024 43\n(3) An appeal of a decision made by a steward of a race club must be\nmade to the Tribunal if the decision:\n(a) imposes a fine greater than the amount prescribed by\nregulation; or\n(b) imposes on a person a disqualification or suspension for a\nperiod longer than 3 months; or\n(c) imposes on an animal a disqualification or suspension and\nincludes a penalty or sanction on a person; or\n(d) warns off the person for more than 12 race meetings; or\n(e) imposes on the person a fine greater than the amount\nprescribed by regulation combined with a disqualification or\nsuspension exceeding 1 month.\n(4) An appeal of a decision made by a race club or a race control body\nmust be made to the Tribunal.\n(5) If 2 or more appeals arising out of the same incident or incidents\nare made to the Tribunal and to a race control body, the appeals\nmust be heard by the Tribunal.\n","sortOrder":86},{"sectionNumber":"87","sectionType":"section","heading":"Manner of appeal","content":"87 Manner of appeal\n(1) An appeal under this Division is commenced by lodging a notice of\nappeal and the prescribed fee with:\n(a) in the case of an appeal to a race control body – the secretary\nof the race control body; and\n(b) in the case of the Tribunal – the Secretary of the Tribunal.\n(2) A notice of appeal must be lodged not later than 7 days after the\nappellant receives notice of the decision.\n","sortOrder":87},{"sectionNumber":"88","sectionType":"section","heading":"Appeals committee","content":"88 Appeals committee\n(1) A race control body, other than the Commission, must establish an\nappeals committee to hear appeals made to the race control body.\n(2) A race control body may establish rules determining appeals under\nthis Division including:\n(a) suspending application of the decision appealed against\npending determination of the appeal; and\n\nRacing and Wagering Act 2024 44\n(b) representation of the parties to an appeal; and\n(c) the manner in which evidence is to be heard or received; and\n(d) the calling of witnesses.\n","sortOrder":88},{"sectionNumber":"89","sectionType":"section","heading":"Appeal procedure","content":"89 Appeal procedure\n(1) The appeals committee must hear and determine appeals to the\nrace control body under this Act in accordance with the procedures\nand rules established by the race control body.\n(2) On the hearing of an appeal, the appeals committee may:\n(a) adjourn the appeal; or\n(b) uphold, reverse or vary a decision appealed against; or\n(c) set aside, vary, suspend, decrease or increase a fine or\npenalty imposed; or\n(d) refer the matter for rehearing to the steward or the race club\nwhose decision is appealed against; or\n(e) order that the whole or part of the fee lodged under\nsection 87(1) be refunded; or\n(f) make such other order, including as to costs, as it thinks fit.\n(3) The determination of an appeal by an appeals committee is final\nand conclusive.\n","sortOrder":89},{"sectionNumber":"90","sectionType":"section","heading":"Northern Territory Racing Appeals Tribunal","content":"90 Northern Territory Racing Appeals Tribunal\n(1) The Northern Territory Racing Appeals Tribunal is established.\n(2) The Tribunal:\n(a) is a body corporate with perpetual succession; and\n(b) is capable of suing and being sued.\n\nRacing and Wagering Act 2024 45\n","sortOrder":90},{"sectionNumber":"91","sectionType":"section","heading":"Functions of Tribunal","content":"91 Functions of Tribunal\nThe Tribunal has the following functions:\n(a) to hear appeals under this Part;\n(b) to make determinations of fact in relation to those appeals;\n(c) to carry out such other functions as are conferred on it under\nthis Act or any other law of the Territory.\n","sortOrder":91},{"sectionNumber":"92","sectionType":"section","heading":"Powers of Tribunal","content":"92 Powers of Tribunal\n(1) Subject to this Act, the Tribunal has the power to do anything\nnecessary to perform its functions under this Act.\n(2) Without limiting the generality of subsection (1), the Tribunal has\nthe following powers:\n(a) to regulate its affairs;\n(b) to hold hearings and establish procedures and rules for those\nhearings;\n(c) to exercise any other power given to the Tribunal under this\nAct.\n","sortOrder":92},{"sectionNumber":"93","sectionType":"section","heading":"Composition of Tribunal","content":"93 Composition of Tribunal\n(1) The Tribunal consists of at least 4 and not more than 8 members,\nincluding a Chair and Deputy Chair, appointed by the Minister by\nGazette notice.\n(2) A person must be eligible under section 94 to be appointed and\nhold office as a member.\n(3) The exercise of the powers or the performance of the functions of\nthe Tribunal is not affected by reason only of a vacancy in the office\nof a member.\n","sortOrder":93},{"sectionNumber":"94","sectionType":"section","heading":"Eligibility to hold office","content":"94 Eligibility to hold office\n(1) A person is eligible to hold office as a member of the Tribunal if the\nperson:\n(a) has demonstrable skills, knowledge or experience to enable\nthe person to exercise the powers and perform the functions\nrelated to appeals; and\n(b) is not ineligible under subsection (2); and\n\nRacing and Wagering Act 2024 46\n(c) is a fit and proper person; and\n(d) resides in the Territory, unless the Minister grants an\nexception.\nNote for subsection (1)(a)\nThe skills, knowledge or experience need not be limited to Australia.\n(2) A person is not eligible to appointed or hold office as a member of\nthe Tribunal if the person:\n(a) at any time within the previous 2 years, whether or not\nprofessionally, licensed or registered:\n(i) was a member of the committee, or an employee, of a\nrace club; or\n(ii) had an interest, either directly or indirectly, in a business\nlicensed under this Act; or\n(iii) had management or control of an office or agency\nestablished under an agency agreement with the\nlicensee of a totalisator licence issued under the\nTotalisator Licensing and Regulation Act 2000; or\n(b) at any time within the previous 2 years:\n(i) was a rider in thoroughbred racing or driver in harness\nracing; or\n(ii) trained horses or greyhounds for racing; or\n(c) at any time within the previous 3 years:\n(i) became bankrupt; or\n(ii) applied to take the benefit of a law for the relief of\nbankrupt or insolvent debtors; or\n(iii) compounded with creditors or makes an assignment of\nthe person's remuneration for their benefit.\n(4) The Minister may undertake any investigation the Minister\nappointed as a member of the Tribunal.\n(5) A member of the Tribunal must notify the Minister in writing if the\nmember is no longer eligible to hold office.\n\nRacing and Wagering Act 2024 47\n","sortOrder":94},{"sectionNumber":"95","sectionType":"section","heading":"Chair and Deputy Chair","content":"95 Chair and Deputy Chair\n(1) The Minister must, by Gazette notice, appoint the Chair and Deputy\nChair of the Tribunal.\n(2) The following persons are eligible to be appointed under\nsubsection (1):\n(a) a Supreme Court Judge;\n(b) a Local Court Judge;\n(c) a legal practitioner.\n","sortOrder":95},{"sectionNumber":"96","sectionType":"section","heading":"Powers and functions of Chair and Deputy Chair","content":"96 Powers and functions of Chair and Deputy Chair\n(1) The Chair of the Tribunal has the power to do anything necessary\nor convenient to be done for, or in connection with the\nadministration of the affairs of the Tribunal and the performance of\nthe Chair's functions.\n(2) The Chair presides at all hearings of the Tribunal.\n(3) The Deputy Chair has the powers and performs the functions of the\nChair when:\n(a) there is a vacancy in the office of the Chair; or\n(b) the Chair is unable to exercise the powers or perform the\nfunctions of the Chair.\n","sortOrder":96},{"sectionNumber":"97","sectionType":"section","heading":"Delegation by Chair","content":"97 Delegation by Chair\nThe Chair may, in writing, delegate to a member any of the powers\nand functions of the Deputy Chair if:\n(a) there is a vacancy in the office of the Deputy Chair; or\n(b) the Deputy Chair is unable to exercise the powers or perform\nthe functions of the Deputy Chair.\n","sortOrder":97},{"sectionNumber":"98","sectionType":"section","heading":"Secretary of Tribunal","content":"98 Secretary of Tribunal\n(1) The Director must appoint a public sector employee to be Secretary\nof the Tribunal.\n(2) The Secretary of the Tribunal has the powers and functions\nassigned by the Tribunal.\n\nRacing and Wagering Act 2024 48\n","sortOrder":98},{"sectionNumber":"99","sectionType":"section","heading":"Validity of decisions","content":"99 Validity of decisions\nA decision of the Tribunal is not invalid merely because of a defect\nor irregularity in, or in connection with, the appointment of a\nmember of the Tribunal.\n","sortOrder":99},{"sectionNumber":"100","sectionType":"section","heading":"Term of office","content":"100 Term of office\n(1) The term of office of a member of the Tribunal is the period, not\nexceeding 3 years, specified by the Minister in the appointment.\n(2) A member is eligible for reappointment.\n(3) The Minister may grant a member leave of absence, but the leave\ndoes not affect the member's term of office.\n(4) While on leave, a member must not exercise any powers or perform\nany functions as a member.\n","sortOrder":100},{"sectionNumber":"101","sectionType":"section","heading":"Vacancy in office","content":"101 Vacancy in office\n(1) The office of a member of the Tribunal becomes vacant if:\n(a) the member resigns by written notice given to the Minister; or\n(b) the person is found guilty of an indictable offence, whether in\nthe Territory or elsewhere; or\n(c) the person becomes ineligible to hold office under section 94;\nor\n(d) the Minister revokes the member's appointment.\n(2) The Minister must revoke the appointment of a member of the\nTribunal if:\n(a) the member contravenes section 102; or\n(b) the Minister is satisfied that the member is guilty of\nmisbehaviour; or\n(c) the member is physically or mentally incapable of satisfactorily\nperforming the functions of the office.\n","sortOrder":101},{"sectionNumber":"102","sectionType":"section","heading":"Conflict of interests","content":"102 Conflict of interests\n(1) A member of the Tribunal must disclose any personal interest in\nany matter being considered or heard, or about to be considered or\nheard, by the Tribunal.\n\nRacing and Wagering Act 2024 49\n(2) The disclosure must:\n(a) be made before the matter is considered or heard by the\nTribunal; and\n(b) explain the nature and extent of the personal interest and how\nit relates to the matter.\n(3) A member with a personal interest in a matter must not:\n(a) be present when the Tribunal considers or hears the matter;\nor\n(b) take part in a decision of the Tribunal on the matter.\n(4) For this section, a member has a personal interest in a matter if:\n(a) the member has a direct or indirect financial interest in the\nmatter; or\n(b) the member has a personal, professional, commercial or other\nrelationship with a person or entity and the nature of the\nrelationship is likely to, or may reasonably be regarded as\nlikely to, inhibit or prevent the member from exercising\nindependent judgment about the matter; or\n(c) there is a reasonable possibility that the member's\nparticipation in the consideration of a matter will give a person\nor entity associated with the member a commercial\nadvantage.\n","sortOrder":102},{"sectionNumber":"103","sectionType":"section","heading":"Appeal procedure","content":"103 Appeal procedure\n(1) On receipt of a notice of appeal, the Secretary of the Tribunal must:\n(a) give the notice to the Chair of the Tribunal; and\n(b) give a copy of the notice to the steward, race club or race\ncontrol body whose decision is the subject of the appeal; and\n(c) obtain a transcript or record of the evidence taken at the\nhearing in respect of the decision appealed against and serve\na copy of it on the appellant.\n\nRacing and Wagering Act 2024 50\n(2) An appellant must, not later than 7 days after receiving the\ntranscript or record of evidence furnished under subsection (1)(c),\nlodge with the Secretary written notice of the grounds of appeal,\nand, except by leave of the Tribunal, the appeal must be limited to\nthose grounds.\n(3) On receiving a notice under subsection (2), the Secretary must:\n(a) forward a copy of the notice to the steward, race club or race\ncontrol body whose decision is the subject of the appeal; and\n(b) forward a copy of the notice and the transcript or record of the\nevidence taken at the hearing to the Chair.\n(4) Subject to subsection (5), the date, time and place for the hearing\nof an appeal must be fixed by the Chair, and not less than 7 days\nwritten notice of that date must be given by the Secretary to:\n(a) the appellant; and\n(b) the steward, race club or race control body whose decision is\nthe subject of the appeal; and\n(c) any other person the Chair may direct.\n(5) The Tribunal must commence hearing an appeal not later than\n28 days after the lodging of the notice of the grounds of appeal\nunder subsection (2).\n(6) Despite subsections (3), (4) and (5), the Tribunal may, by order,\nextend any period of time specified by this section if, in the opinion\nof the Tribunal, special circumstances so require.\n","sortOrder":103},{"sectionNumber":"104","sectionType":"section","heading":"Hearing of appeal","content":"104 Hearing of appeal\n(1) The Chair of the Tribunal may determine the procedures for the\nhearing of appeals by the Tribunal.\n(2) The hearing of an appeal is to be conducted by a panel of the\nTribunal consisting of the following 3 members:\n(a) the Chair;\n(b) 2 other members chosen by the Chair.\nThe Deputy Chair has the power and functions of the Chair when the Chair is\nunable to conduct a hearing under section 96(3).\n(3) The members of the panel must be knowledgeable of the racing\nindustry that is the subject of the appeal.\n\nRacing and Wagering Act 2024 51\n(4) If both the Chair and Deputy Chair are unable to conduct a hearing:\n(a) the Chair must choose the 3 members to sit on the panel; and\n(b) the Chair must appoint one of the 3 members as acting\nDeputy Chair to preside for the hearing.\n(5) An appeal is to be heard at a date, time and place determined by\nthe Chair.\n(6) Unless the panel determines otherwise, the hearing of an appeal is\nopen to the public.\n(7) If, during the hearing of an appeal, a member of the panel is unable\nor unavailable to exercise the powers or perform the functions of a\nmember, or the member's appointment is terminated, the remaining\nmembers of the panel may continue to hear the appeal.\n(8) The panel may exercise the powers and must perform the functions\nof the Tribunal for the purposes of the hearing.\n","sortOrder":104},{"sectionNumber":"105","sectionType":"section","heading":"Expedited hearing","content":"105 Expedited hearing\n(1) If the panel of the Tribunal considers that an appeal should be\nheard and determined as a matter of urgency, it may, with the\nconsent of the appellant expedite the hearing by:\n(a) dispensing with a procedural requirement; or\n(b) abridging the time required for the doing of a thing.\n(2) The panel may rely on such evidence as is available at the\nexpedited hearing.\n","sortOrder":105},{"sectionNumber":"106","sectionType":"section","heading":"Appeal not to be withdrawn","content":"106 Appeal not to be withdrawn\n(1) An appeal may not be withdrawn without leave of the Tribunal or\nthe panel of the Tribunal.\n(2) If granting leave, the Tribunal or panel may impose on an appellant\nsuch conditions as to costs or otherwise as it thinks fit.\n","sortOrder":106},{"sectionNumber":"107","sectionType":"section","heading":"Stay of proceedings","content":"107 Stay of proceedings\nSubject to section 108(3), the Chair of the Tribunal may, pending\nthe determination of an appeal, order, subject to such conditions as\nthe Chair thinks fit, a stay of the execution of the penalty, decision\nor order appealed against.\n\nRacing and Wagering Act 2024 52\n","sortOrder":107},{"sectionNumber":"108","sectionType":"section","heading":"Stay of decision","content":"108 Stay of decision\n(1) An application for an appeal under this Division does not stay the\noperation of the decision.\n(2) Despite subsection (1), the Chair of the Tribunal may stay the\noperation of the decision pending completion of the appeal.\n(3) In determining whether or not to stay the operation of a decision,\nthe Chair must:\n(a) invite submissions from the appellant and the steward, race\nclub or the race control body whose decision is the subject of\nthe appeal; and\n(b) take into account any submissions received.\n","sortOrder":108},{"sectionNumber":"109","sectionType":"section","heading":"Appearance","content":"109 Appearance\n(1) The parties to an appeal are entitled to appear and to be\nrepresented by a legal practitioner during appeal proceedings.\n(2) A person summoned to attend or who appears as a witness in\nappeal proceedings may be represented by a legal practitioner.\n","sortOrder":109},{"sectionNumber":"110","sectionType":"section","heading":"Evidence","content":"110 Evidence\n(1) The Tribunal, including a panel of the Tribunal, is not bound by the\nrules of evidence and may inform itself of any matter in such\nmanner as it thinks fit.\n(2) Evidence is to be given orally at a hearing, unless the Tribunal or\npanel of the Tribunal otherwise directs.\n","sortOrder":110},{"sectionNumber":"111","sectionType":"section","heading":"Power to issue summons","content":"111 Power to issue summons\nThe Tribunal or a panel of the Tribunal may, on the application of a\nparty to a proceeding or on its own initiative, issue a summons\nrequiring a person to appear before the Tribunal or the panel at a\nspecified time and place to give evidence or produce evidentiary\nmaterial.\n","sortOrder":111},{"sectionNumber":"112","sectionType":"section","heading":"Power to deal with contempt","content":"112 Power to deal with contempt\nThe Tribunal or a panel of the Tribunal may order a person to leave\nthe place of a hearing and may continue the proceeding in the\nperson's absence if the person engages in contempt.\n\nRacing and Wagering Act 2024 53\n","sortOrder":112},{"sectionNumber":"113","sectionType":"section","heading":"Determination of appeal","content":"113 Determination of appeal\n(1) On the hearing of an appeal, the Tribunal or a panel of the Tribunal\nmay, by order, do one or more of the following:\n(a) adjourn the appeal;\n(b) uphold, reverse or vary a decision appealed against;\n(c) set aside, vary, suspend, decrease or increase a fine, penalty\nor other sanction imposed;\n(d) refer the matter for rehearing to the steward, race club or race\ncontrol body whose decision is the subject of the appeal;\n(e) order that the whole or part of the appeal fee lodged under\nsection 87(1) be refunded;\n(f) make such order as to the costs of an appeal as it thinks fit;\n(g) make such other order as it thinks fit.\n(2) On the determination of an appeal, the Tribunal or the panel of the\nTribunal must notify the parties of its determination.\n","sortOrder":113},{"sectionNumber":"114","sectionType":"section","heading":"Costs","content":"114 Costs\nA costs order under section 113(1)(f) may be entered as a\njudgment with the Local Court and is enforceable accordingly.\n","sortOrder":114},{"sectionNumber":"115","sectionType":"section","heading":"Appeal final","content":"115 Appeal final\nA determination of the Tribunal, including a panel of the Tribunal, is\nfinal and conclusive.\n","sortOrder":115},{"sectionNumber":"116","sectionType":"section","heading":"Types of licences","content":"116 Types of licences\nThe following licences are established:\n(a) an on-course bookmaker licence;\n(b) a betting exchange licence;\n(c) a sports bookmaker licence;\n(d) a key person licence.\n\nRacing and Wagering Act 2024 54\n","sortOrder":116},{"sectionNumber":"117","sectionType":"section","heading":"Offence of wagering without licence","content":"117 Offence of wagering without licence\n(a) intentionally conducts the business of wagering; and\n(b) does not hold a licence authorising that conduct.\n","sortOrder":117},{"sectionNumber":"118","sectionType":"section","heading":"Licence offence","content":"118 Licence offence\n(b) the person intentionally conducts wagering; and\n(c) the wagering is not authorised by the licence.\n","sortOrder":118},{"sectionNumber":"119","sectionType":"section","heading":"On-course bookmaker licence","content":"119 On-course bookmaker licence\n(1) An on-course bookmaker licence is required to conduct wagering\nwith members of the public at a racecourse.\n(2) An on-course bookmaker licence authorises the licensee to conduct\nwagering with members of the public at a racecourse in accordance\nwith subsections (3) to (6).\n(3) The wagering must be conducted only:\n(a) in the areas and in the places at an approved racecourse fixed\nby the controlling race club; and\n(b) during the hours fixed by the controlling race club.\n\nRacing and Wagering Act 2024 55\n(4) The wagering must be conducted with the customer in person,\nunless the Director endorses the licence to authorise the receipt of\nwagers by telephone at an approved racecourse.\n(5) The wagering must be conducted only for a thoroughbred, harness\nor greyhound race that is conducted in compliance with the law\napplicable in the jurisdiction where the race is conducted.\n(6) The wagering must be conducted only by the following persons:\n(a) the on-course bookmaker licensee;\n(b) any person who:\n(i) is engaged by the licensee as an employee or agent;\nand\n(ii) holds a key person licence; and\n(iii) is authorised under the licence to conduct the business.\n","sortOrder":119},{"sectionNumber":"120","sectionType":"section","heading":"Agent of on-course bookmaker","content":"120 Agent of on-course bookmaker\n(1) An on-course bookmaker licensee must not engage an agent to act\nfor the licensee without permission given by the Commission.\n(a) the person intentionally:\n(i) conducts wagering as an agent for an on-course\nbookmaker licensee; or\n(ii) conducts the business of being an agent for an\non-course bookmaker licensee; and\n(b) the person does not have permission under section 134\nauthorising that conduct.\n(3) Strict liability applies to subsection (2)(b).\n","sortOrder":120},{"sectionNumber":"121","sectionType":"section","heading":"Betting exchange licence","content":"121 Betting exchange licence\n(1) A betting exchange licence is required to operate a system that:\n(a) places and receives wagers between persons through a\nbetting exchange; and\n\nRacing and Wagering Act 2024 56\n(b) transmits and matches wagers with opposing wagers through\na betting exchange.\n(2) A betting exchange licence authorises a person to conduct the\nbusiness of a betting exchange in accordance with subsections (3)\nand (4).\n(3) The wagering must be conducted only for the following:\nExample for subsection (1)(c)\nThe novelty event could be a contingency such as what colour clothing will a\nspecific celebrity wear to a particular public event.\n(4) The wagering must be conducted only:\n(a) by using a method:\n(i) referred to in section 5(1)(b) of the Interactive Gambling\nAct 2001 (Cth); or\n(ii) prescribed by regulation; or\n(b) at premises operated by the licensee at a racecourse with the\nconsent of the race club responsible for the racecourse; or\n(c) if the licensee also holds a licence under the Totalisator\nLicensing and Regulation Act 2000 – at retail and other\npremises allowed under that licence.\n","sortOrder":121},{"sectionNumber":"122","sectionType":"section","heading":"Sports bookmaker licence","content":"122 Sports bookmaker licence\n(1) A sports bookmaker licence is required to conduct wagering with\nmembers of the public in relation to any of the following:\n\nRacing and Wagering Act 2024 57\nExample for subsection (1)(c)\nThe novelty event could be a contingency such as what colour clothing will a\nspecific celebrity wear to a particular public event.\n(2) A sports bookmaker licence authorises the licensee to conduct\nwagering with members of the public in accordance with\nsubsections (3) and (4).\n(3) The wagering must be conducted only for the following:\n(4) The wagering must be conducted only:\n(a) by using any method:\n(i) referred to in section 5(1)(b) of the Interactive Gambling\nAct 2001 (Cth); or\n(ii) prescribed by regulation; or\n(b) at premises operated by the licensee at a racecourse with the\nconsent of the race club responsible for the racecourse; or\n(c) if the licensee also holds a licence under the Totalisator\nLicensing and Regulation Act 2000 – at retail and other\npremises allowed under that licence.\n","sortOrder":122},{"sectionNumber":"123","sectionType":"section","heading":"Key person licence","content":"123 Key person licence\n(1) A key person licence is required to hold a position or perform a\nfunction as any of the following:\n(a) a director or executive officer of a wagering licensee;\n(b) any managerial position or managerial function in the\nbusiness of a wagering licensee that has a significant\ninfluence over the licensee's business;\n(c) any position or function determined by the Commission under\nsection 124.\n\nRacing and Wagering Act 2024 58\n(2) A key person licence authorises an individual to hold any position or\nperform any function that requires the individual to hold a key\nperson licence.\n","sortOrder":123},{"sectionNumber":"124","sectionType":"section","heading":"Declaration in relation to key person licence","content":"124 Declaration in relation to key person licence\n(1) The Commission may, by written notice, declare that a position or\nfunction with a wagering licensee is of significant influence over the\nbusiness of a wagering licensee and requires a key person licence.\n(2) For subsection (1), the Commission must give the notice to the\nwagering licensee that includes the following information:\n(a) the position or function that requires a key person licence;\n(b) the reason why the position or function requires a key person\n(c) any action the licensee is expected to take.\n(3) The wagering licensee must ensure that any individual holding a\nposition or performing a function declared under subsection (1) who\ndoes not hold a key person licence:\n(a) applies for a key person licence as soon as practicable; or\n(b) subject to subsection (4), ceases holding the position or\nperforming the function.\n(4) Any individual holding a position or performing a function declared\nunder subsection (1) who does not hold a key person licence but\napplies for a key person licence may continue holding that position\nor performing the function for:\n(a) 7 days from the day after the day the wagering licensee\nreceives the notice; or\n(b) if the application is made within those 7 days – until the\napplication is determined by the Commission; or\n(c) any further time allowed by the Commission.\n","sortOrder":124},{"sectionNumber":"125","sectionType":"section","heading":"Key person licence offences","content":"125 Key person licence offences\n(1) A licensee commits an offence if:\n(a) the licensee employs an individual in a position or for a\nfunction that requires a key person licence as declared by the\nCommission under section 124(1); and\n(b) the individual does not hold a key person licence; and\n\nRacing and Wagering Act 2024 59\n(c) section 124(4) does not apply to the individual.\nMaximum penalty: 250 penalty units.\n(a) the person intentionally holds the position or performs the\nfunctions of a key person for a licensee; and\n(b) the person does not hold a key person licence; and\n(c) section 124(4) does not apply to the individual.\n(4) Strict liability applies to subsection (3)(b) and (c).\n(5) It is a defence to a prosecution for an offence against\nsubsection (1) or (3) if the defendant has a reasonable excuse.\nNote for subsection (5)\n","sortOrder":125},{"sectionNumber":"126","sectionType":"section","heading":"Licence not transferrable","content":"126 Licence not transferrable\n(1) A licence is not transferable from a licensee to another person.\n(2) Any purported transfer of a licence has no effect.\n","sortOrder":126},{"sectionNumber":"127","sectionType":"section","heading":"Eligibility criteria – fit and proper person","content":"127 Eligibility criteria – fit and proper person\nTo be eligible to apply for and hold any licence, an applicant must\nbe a fit and proper person.\n","sortOrder":127},{"sectionNumber":"128","sectionType":"section","heading":"Eligibility criteria – key person licence","content":"128 Eligibility criteria – key person licence\nTo be eligible to apply for and hold a key person licence, an\napplicant must be an individual at least 18 years of age.\n","sortOrder":128},{"sectionNumber":"129","sectionType":"section","heading":"Eligibility criteria – on-course bookmaker licence","content":"129 Eligibility criteria – on-course bookmaker licence\nTo be eligible to apply for and hold an on-course bookmaker\nlicence, an applicant must meet the following criteria:\n(a) be an individual at least 18 years of age;\n\nRacing and Wagering Act 2024 60\n(b) have a sound and stable financial background;\n(c) have sufficient business ability to establish and maintain the\nbusiness proposed to be conducted.\n","sortOrder":129},{"sectionNumber":"130","sectionType":"section","heading":"Eligibility criteria – betting exchange licence and sports","content":"130 Eligibility criteria – betting exchange licence and sports\nbookmaker licence\n(1) To be eligible to apply for and hold a betting exchange licence or a\nsports bookmaker licence, an applicant must meet the following\ncriteria:\n(a) in the case of an individual – be at least 18 years of age;\n(b) have a sound and stable financial background;\n(c) in the case of a body corporate – have or have arranged a\nsatisfactory ownership, trust or corporate structure;\n(d) have or be able to obtain:\n(i) the financial resources sufficient to ensure the financial\nviability of the business proposed to be conducted under\nthe licence; and\n(ii) the services of persons who have sufficient experience\nin the management and operation of the business;\n(e) have sufficient business ability to establish and maintain the\nbusiness proposed to be conducted;\n(f) have no association with any person or body with undesirable\nor unsatisfactory financial resources;\n(g) have no person involved in the management or operation of\nthe business proposed to be conducted have association with\nany person or body with undesirable or unsatisfactory financial\nresources;\n(h) have each officer or person determined to be associated or\nconnected with the ownership, administration or management\nof the operations or business of the applicant be a suitable\nperson to act in that capacity.\n(2) When considering suitability under subsection (1)(h), the\nCommission must consider the following criteria:\n(a) whether the person is a fit and proper person, having regard\nto character, honesty and integrity;\n\nRacing and Wagering Act 2024 61\n(b) whether the person has any business association with any\nperson, body or association who or which, in the opinion of the\nCommission, is not a fit and proper person, having regard to\ncharacter, honesty and integrity or has undesirable or\nunsatisfactory financial resources.\n(3) A person who holds a licence under the Totalisator Licensing and\nRegulation Act 2000 is taken to be eligible to apply for a betting\nexchange licence or sports bookmaker licence.\n","sortOrder":130},{"sectionNumber":"131","sectionType":"section","heading":"Application for licence","content":"131 Application for licence\n(1) An application for a licence must be made to the Commission.\nOnly an individual may apply for an on-course bookmaker licence or a key\nperson licence.\n(2) The application must be:\n(3) During the application process, an applicant for a betting exchange\nlicence or sports bookmaker licence must, on request, give the\nCommission a copy of the proposed initial terms and conditions of\nwagering under the licence.\n","sortOrder":131},{"sectionNumber":"132","sectionType":"section","heading":"Nominee","content":"132 Nominee\n(1) An applicant who is applying for a betting exchange licence or\nsports bookmaker licence must nominate an individual to be a\nnominee and to represent the applicant for the purposes of its\noperation under the licence.\nIndividual applicants can nominate themselves to be the nominee.\n(2) It is a condition of a betting exchange licence and sports\nbookmaker licence that the licensee have an individual resident in\nthe Territory as the nominee.\n(3) The nominee must be an individual approved by the Commission,\nwhose approval will not be unreasonably withheld.\n\nRacing and Wagering Act 2024 62\n(4) A licensee must not change the nominee without the approval of\nthe Commission without reasonable excuse.\nThe sudden resignation of a nominee would be a reasonable excuse.\n(5) If a licensee changes the nominee without approval of the\nCommission because of a reasonable excuse, the licensee must\nseek the Commission's approval for the nominee as soon as\npracticable.\n(6) The nominee must, during business hours:\n(a) be contactable by the Director or the Commission; and\n(b) be available to provide access to the premises of the licensee\nby the Director, the Commission or an inspector.\n(7) If the nominee is or is expected to be absent from the Territory or is\nnot readily contactable, the licensee must ensure that an alternative\nnominee is designated by the licensee, approved by the\nCommission and able to perform the functions of nominee.\n","sortOrder":132},{"sectionNumber":"133","sectionType":"section","heading":"Application to renew licence","content":"133 Application to renew licence\n(1) A licensee may renew the licence by application to the\n(2) An application to renew a licence must:\n(a) be in the approved form; and\n(b) be accompanied by the fee prescribed by regulation.\n","sortOrder":133},{"sectionNumber":"134","sectionType":"section","heading":"Application as agent of on-course bookmaker","content":"134 Application as agent of on-course bookmaker\n(1) An application for permission to act as an agent for an on-course\nbookmaker licensee must be:\n(2) After considering the application, the Commission may give\npermission for a person to act as an agent for an on-course\nbookmaker licensee.\n\nRacing and Wagering Act 2024 63\n","sortOrder":134},{"sectionNumber":"135","sectionType":"section","heading":"Application fees","content":"135 Application fees\n(1) The fees for applications relating to licences or permissions are\nprescribed by regulation.\n(2) The application fees are not refundable.\n","sortOrder":135},{"sectionNumber":"136","sectionType":"section","heading":"Security","content":"136 Security\n(1) If requested by the Commission, a wagering licensee must give\nsecurity to cover the potential liability of the licensee under this Act.\n(2) The Commission may determine the form and amount or value of\nthe required security, not exceeding the amount or value prescribed\nby regulation.\n(3) The Commission may, from time to time, vary the form, amount or\nvalue of the required security to reflect changes in the potential\nliability of the licensee.\n(4) The security given by a licensee may be used to pay any liability of\nthe licensee for the following (in order of priority):\n(a) any arrears for taxes or levies under this Act;\n(b) any amount owed to customers of the licensee.\n","sortOrder":136},{"sectionNumber":"137","sectionType":"section","heading":"Investigation","content":"137 Investigation\n(1) The Director, on behalf of the Commission, may carry out, or cause\nto be carried out, such investigations and inquiries as the Director\nconsiders necessary for the purpose of determining an application.\n(2) The Director may require an applicant to pay to the Commission the\nactual cost of the investigation or inquiry.\n(3) The applicant may be required to make specified payments towards\nthe cost of the investigation or inquiry before it begins and during\nthe investigation or inquiry.\n(4) The Director may, on behalf of the Commission, refuse the\napplication if a required payment is not made.\n(5) At the end of the investigation or inquiry, the Director must certify\nthe cost of the investigation or inquiry and any unpaid balance of\nthat cost may be recovered from the applicant as a debt due and\npayable to the Territory.\n\nRacing and Wagering Act 2024 64\n(6) In proceedings for recovery of the amount of any unpaid cost of an\ninvestigation or inquiry, a certificate by the Director is evidence of\nthe amount.\n","sortOrder":137},{"sectionNumber":"138","sectionType":"section","heading":"Further information to support application","content":"138 Further information to support application\n(1) The Director may, by written notice, require an applicant for a\nlicence to give further information or a document about the\napplication within a reasonable time stated in the notice.\n(2) The requirement must relate to information or a document that is\nnecessary and reasonable to help determine the application.\n","sortOrder":138},{"sectionNumber":"139","sectionType":"section","heading":"Reliance on information from other jurisdictions","content":"139 Reliance on information from other jurisdictions\nIn assessing or determining an application, the Director and the\nCommission may rely on information concerning an applicant\nobtained from a person or body who regulates racing, wagering or\ngambling in another jurisdiction if satisfied the information is\nreliable.\n","sortOrder":139},{"sectionNumber":"140","sectionType":"section","heading":"Issuing and renewing licence","content":"140 Issuing and renewing licence\n(1) The Commission may issue and renew a licence if:\n(a) the applicant is eligible to apply for and hold the licence under\nDivision 2; and\n(b) issuing or renewing the licence is in the public interest,\nconsidering any risk to the reputation of the Commission or\nthe Territory; and\n(c) the applicant or application meets any other criteria for\nlicensing prescribed by regulation.\n(2) If the Commission proposes to refuse to issue or renew a licence,\nthe applicant must be given a written notice:\n(a) advising the applicant of the proposed refusal; and\n(b) stating the grounds for the proposed refusal; and\n(c) inviting the applicant to show cause, within a specified period\nof at least 10 business days, why the application should not\nbe refused.\n\nRacing and Wagering Act 2024 65\n(3) If the applicant wishes to show cause why the application should\nnot be refused, the applicant must make written submissions to the\nCommission within the period specified in the notice.\n(4) After considering any written submissions made by the applicant,\nthe Commission must decide to:\n(a) issue, or refuse to issue, the licence; or\n(b) renew, or refuse to renew, the licence.\n(5) The Commission must give the applicant a decision notice as soon\nas practicable after making a decision on the application.\n(6) If an application to renew a licence is made before the term of the\nlicence expires, the licence continues in force until the application is\ndetermined.\n","sortOrder":140},{"sectionNumber":"141","sectionType":"section","heading":"Term of licence","content":"141 Term of licence\nThe term of a licence is the shorter of the following:\n(a) the period prescribed by regulation;\n(b) any shorter period imposed by the Commission.\n","sortOrder":141},{"sectionNumber":"142","sectionType":"section","heading":"Annual fees","content":"142 Annual fees\n(1) A licensee must pay to the Territory an annual licence fee if\nprescribed by regulation.\n(2) The annual fee must be paid each year commencing after the first\nyear within 28 days after the anniversary of the day the licence was\nissued.\nThe application fee covers the first year of the licence.\n(3) If a licensee fails to pay the annual fee by the day required under\nsubsection (2):\n(a) the licensee must pay a penalty calculated at 10% per year\n(calculated daily) on any outstanding amount of the annual\nfee; and\n(b) the Commission may suspend the licence until the fee is paid.\n(4) The annual fee is payable regardless of whether the licensee is\noperating during the period for which the fee is payable.\n\nRacing and Wagering Act 2024 66\n","sortOrder":142},{"sectionNumber":"143","sectionType":"section","heading":"Surrender of licence","content":"143 Surrender of licence\n(1) A licensee may surrender the licence to the Commission.\n(2) The surrender of a licence has no effect unless accepted by the\n(3) If the surrender of a licence is accepted, a person who held the\nlicence ceases to be a licensee, but remains liable for:\n(a) any act or omission done, caused, permitted or made by the\nperson prior to the surrender taking effect; and\n(b) any liability incurred by the person under this Act prior to the\nsurrender taking effect.\n","sortOrder":143},{"sectionNumber":"144","sectionType":"section","heading":"Liability for tax","content":"144 Liability for tax\n(1) A tax is imposed on the business of wagering.\n(2) A wagering licensee must pay the tax to the Territory on or before\nthe 14th day of each month.\n(3) A tax paid by a licensee under this Division is not refundable.\n(4) Payment of the tax by electronic means takes effect when the\namount is credited to the Territory.\n(5) Payment of the tax by cheque takes effect when the cheque is\ncleared on first presentation.\n","sortOrder":144},{"sectionNumber":"145","sectionType":"section","heading":"Rate of tax","content":"145 Rate of tax\n(1) The tax payable by an on-course bookmaker licensee is calculated\nat the rate of 0.33% on the total amount of wagers made by the\nlicensee with persons during the preceding month minus the total\namount of any wagers made by the licensee during that month with\nan agent as defined in section 3(1) of the Totalisator Licensing and\nRegulation Act 2000 for making a back wager or lay off wager.\n(2) The tax payable by a betting exchange licensee is calculated at the\nrate of 5% on the total amount of commission retained or received\nby the licensee during the preceding month.\n\nRacing and Wagering Act 2024 67\n(3) The tax payable by a sports bookmaker licensee is calculated at the\nrate of 5% on the total amount of wagers made by the licensee with\npersons during the preceding month minus the total amount paid by\nthe licensee to those persons for the wagers during that month.\n(4) The amount of tax payable by a betting exchange licensee or sports\nbookmaker licensee for a financial year under this section must not\nexceed an amount equal to the monetary value of 2 000 000\nrevenue units.\n","sortOrder":145},{"sectionNumber":"146","sectionType":"section","heading":"Application of Taxation Administration Act 2007","content":"146 Application of Taxation Administration Act 2007\nThe Taxation Administration Act 2007 applies to a tax payable\nunder this Division as if:\n(a) a reference in that Act to tax were a reference to a tax under\nthis Division; and\n(b) a reference in that Act to a taxpayer were a reference to a\nlicensee; and\n(c) a reference in that Act to a taxation law included a reference\nto this Act; and\n(d) a reference in that Act to a corresponding law in Parts 9\nand 10 included a reference to a law of the Commonwealth, a\nState or another Territory corresponding to this Act.\n","sortOrder":146},{"sectionNumber":"147","sectionType":"section","heading":"Liability for levy","content":"147 Liability for levy\n(1) A levy to provide funding for the Racing and Wagering Fund is\nestablished.\n(2) The following licensees must pay the levy to the Racing and\nWagering Fund on or before the 14th day of each month:\n(a) a betting exchange licensee;\n(b) a sports bookmaker licensee.\n(3) A levy paid by a licensee under this Division is not refundable.\n(4) Payment of the levy by electronic means takes effect when the\namount is credited to the Territory.\n(5) Payment of the levy by cheque takes effect when the cheque is\ncleared on first presentation.\n\nRacing and Wagering Act 2024 68\n","sortOrder":147},{"sectionNumber":"148","sectionType":"section","heading":"Amount of levy","content":"148 Amount of levy\n(1) A betting exchange licensee must pay a levy prescribed by\nregulation in respect of the total amount of commission retained or\nreceived by the licensee during the preceding month.\n(2) A sports bookmaker licensee must pay a levy prescribed by\nregulation in respect of the total amount of wagers made by the\nlicensee with persons during the preceding month.\n","sortOrder":148},{"sectionNumber":"149","sectionType":"section","heading":"Outstanding levy and interest","content":"149 Outstanding levy and interest\n(1) If a licensee fails to pay the levy in accordance with this Act:\n(a) the licensee must pay interest calculated at 10% per year\n(calculated daily) on the outstanding amount of the levy; and\n(b) the Commission may suspend the licence until the levy and\ninterest is paid.\n(2) The amount of any outstanding levy and interest under\nsubsection (1) is a debt due and payable to the Territory.\n","sortOrder":149},{"sectionNumber":"150","sectionType":"section","heading":"Establishment of Racing and Wagering Fund","content":"150 Establishment of Racing and Wagering Fund\n(1) The Racing and Wagering Fund is established.\n(2) The Racing and Wagering Fund is taken to be an Agency\nOperating Account for the Agency under the Financial Management\nAct 1995.\n","sortOrder":150},{"sectionNumber":"151","sectionType":"section","heading":"Contents and purpose of Racing and Wagering Fund","content":"151 Contents and purpose of Racing and Wagering Fund\n(1) The following must be paid into the Racing and Wagering Fund:\n(a) any charges or costs paid to the Commission under this Act;\n(b) the levies paid under section 147;\n(c) any money appropriated to the Racing and Wagering Fund;\n(d) money paid into the Racing and Wagering Fund under any\n(2) The Racing and Wagering Fund is to be used to pay the following:\n(a) the remuneration of the Director and members of the\nCommission;\n\nRacing and Wagering Act 2024 69\n(b) the costs and expenses of the Director and the Commission\nexercising their powers or performing their functions under this\nAct, including the Commission's powers and functions as a\nrace control body;\n(c) the costs and expenses of inspectors and persons appointed\nby the Director or the Commission to exercise powers or\nperform functions under this Act;\n(d) the costs and expenses of training, professional development\nand education for inspectors, the Director and members and\nstaff of the Commission;\n(e) research related to wagering conducted by or for the Director\nor the Commission;\n(f) grants to entities working to assist individuals harmed by\nwagering in the Territory;\n(g) bursaries for education or employment programs related to\nracing in the Territory.\n","sortOrder":151},{"sectionNumber":"152","sectionType":"section","heading":"Premises in Territory","content":"152 Premises in Territory\nmaintain premises in the Territory for the conduct of the business of\nA betting exchange licensee's and sports bookmaker licensee's premises must\nbe registered as the licensee's principal place of business with the Australian\nSecurities and Investment Commission.\n(2) A betting exchange licensee's and sports bookmaker licensee's\nproposed premises for the conduct of the business of wagering\nmust be specified in the wagering licensee's application for the\nlicence.\n(3) A betting exchange licensee and sports bookmaker licensee must\nnot change the licensee's premises for the conduct of the business\nof wagering without approval of the Commission.\n\nRacing and Wagering Act 2024 70\n","sortOrder":152},{"sectionNumber":"153","sectionType":"section","heading":"Conditions on licence","content":"153 Conditions on licence\nEvery licence is subject to:\n(a) the conditions imposed by this Act or prescribed by regulation;\nand\n(b) any condition imposed by the Commission under section 154.\n","sortOrder":153},{"sectionNumber":"154","sectionType":"section","heading":"Discretionary conditions on licence","content":"154 Discretionary conditions on licence\n(1) The Commission may, when issuing or renewing a licence, impose\nconditions on the licence relating to:\n(a) the licensee's authority to operate under the licence; and\n(b) the business, financial structure, assets and liabilities of the\nlicensee.\n(2) If there is an inconsistency between a condition imposed by the\nCommission and a condition imposed by this Act or prescribed\nregulation, the condition imposed by this Act or prescribed by\nregulation prevails to the extent of the inconsistency.\n(3) Subject to subsection (4), a renewed licence is subject to the same\nconditions as the licence it replaces.\n(4) The Commission may vary or revoke a condition imposed under\nsubsection (1) in accordance with the regulations.\n","sortOrder":154},{"sectionNumber":"155","sectionType":"section","heading":"Compliance with conditions and restrictions","content":"155 Compliance with conditions and restrictions\n(1) A licensee must comply with any condition and restriction imposed\non the licensee or licence.\nContravention of a licence condition may also lead to disciplinary action against\nthe licensee.\n(2) A licensee commits an offence of strict liability if the licensee\ncontravenes a condition of the licence.\nsubsection (2) if the defendant has a reasonable excuse.\n\nRacing and Wagering Act 2024 71\n","sortOrder":155},{"sectionNumber":"156","sectionType":"section","heading":"Communications with customers","content":"156 Communications with customers\n(1) This section applies to wagering licensees.\n(2) The licensee must not conduct wagering with a customer who is\nphysically present with the licensee's employees or agents, unless:\n(a) the customer is at premises operated by the licensee at a\nracecourse with the consent of the race club responsible for\nthe racecourse; or\n(b) the licensee also holds a licence under the Totalisator\nLicensing and Regulation Act 2000.\n(3) All telephone communications to conduct wagering with a customer\nby the licensee must be conducted at the licensee's premises in the\nTerritory, unless the licensee also holds a licence under the\nTotalisator Licensing and Regulation Act 2000.\n(4) The Commission may, by written notice, grant a waiver from\nsubsection (3) for a specified temporary period if satisfied that:\n(a) a natural disaster, emergency or other event determined by\nthe Commission prevents the licensee from initiating or\nreceiving communications in the Territory; and\n(b) the waiver is necessary to allow the licensee to maintain\ncustomer service.\n","sortOrder":156},{"sectionNumber":"157","sectionType":"section","heading":"Change in associated persons and shareholders","content":"157 Change in associated persons and shareholders\n(1) This section applies to:\n(a) a betting exchange licensee; and\n(b) a sports bookmaker licensee.\n(2) The licensee must not make any of the following changes without\nthe written approval of the Commission:\n(a) any change in the associates of the licensee;\n(b) any change in a person who, alone or together with one or\nmore associates of that person:\n(i) is in a position to control at least 10% of the voting\npower in the licensee; or\n(ii) holds interests in at least 10% of the issued shares in\nthe licensee.\n\nRacing and Wagering Act 2024 72\n(3) An application for approval must clearly set out the proposed\nchange.\n(4) The Commission may approve the proposed change if satisfied\nthat:\n(a) in the case of a new person proposed to be an associate of\nthe licensee – the person is suitable to be an associate of the\nlicensed business; and\n(b) in every case – the change will not affect the licensee's\neligibility or suitability to hold the licence.\n(5) The Commission must give the applicant a decision notice if it\nrefuses to approve the proposed change.\n(6) Any decision to refuse to approve the change must be made and\nthe decision notice given within 90 days after the day the\napplication is lodged.\n","sortOrder":157},{"sectionNumber":"158","sectionType":"section","heading":"Change of associate without approval","content":"158 Change of associate without approval\n(b) the person intentionally engages in conduct; and\n(c) the conduct results in a change referred to in section 157(2)\nand the person is reckless in relation to that result; and\n(d) the change was not approved by the Commission.\n(2) Strict liability applies to subsection (1)(a) and (d).\n","sortOrder":158},{"sectionNumber":"159","sectionType":"section","heading":"Prohibited conduct","content":"159 Prohibited conduct\n(1) An on-course bookmaker licensee must not, without the approval of\nthe Commission, enter into a partnership in relation to the business\ncarried on under the licence with a person whose name is not\nendorsed on the licence.\n\nRacing and Wagering Act 2024 73\n(2) A wagering licensee must not, without the approval of the\nCommission:\n(a) borrow money or obtain financing for use in the business\ncarried on under the licence except from:\n(i) an ADI, a foreign ADI or a financial institution regulated\nunder the law of another country; or\n(ii) its shareholders or owners; or\n(b) lay off a wager with another person unless that person is\nlicensed to conduct wagering in accordance with the law of\nthe jurisdiction where the person conducts business; or\n(c) procure a person to make a wager on behalf of the licensee or\nanother licensee that, if made by the licensee, would be\ncontrary to this Act; or\n(d) sell or transfer to another person a wager receipt that is\nrequired to be issued to a customer under section 184.\nExample for subsection (2)(a)(ii)\nDebentures from shareholders or loans from a parent company.\n","sortOrder":159},{"sectionNumber":"160","sectionType":"section","heading":"Wagers presumed lawful","content":"160 Wagers presumed lawful\n(1) A wager is presumed to be lawful if the wager:\n(a) was made with or through a licensee; and\n(b) was in relation to a race or sporting event allowed under this\nAct; and\n(c) complies with the conditions of the licensee's licence.\n(2) The presumption in subsection (1) may be rebutted if the wager\nwas contrary to this Act or to the law of a State, another Territory or\nthe Commonwealth.\n","sortOrder":160},{"sectionNumber":"161","sectionType":"section","heading":"Proceedings to collect wager","content":"161 Proceedings to collect wager\nA person may take proceedings to recover:\n(a) moneys payable on a winning lawful wager; or\n(b) moneys payable by a lawful wager or on account of a lawful\nwager offered and accepted.\n\nRacing and Wagering Act 2024 74\n","sortOrder":161},{"sectionNumber":"162","sectionType":"section","heading":"Duty to report events related to operations","content":"162 Duty to report events related to operations\n(1) A licensee must report to the Commission any event related to\noperations under the licence that is prescribed by regulation.\n(2) The report must be made as soon as reasonably practicable after\nthe licensee becomes aware that the event occurred.\n","sortOrder":162},{"sectionNumber":"163","sectionType":"section","heading":"Requirements for wagering control system","content":"163 Requirements for wagering control system\n(1) A wagering licensee must have a wagering control system\nconsisting of a system of internal controls and administrative and\naccounting procedures, including computer hardware and software.\n(2) A wagering control system must, in accordance with the\nregulations:\n(a) safeguard compliance by the wagering licensee and the\nholders of a key person licence, employed by the licensee,\nwith this Act; and\n(b) allow all transactions to be recorded in real time in a way that\nis auditable, reliable and secure; and\n(c) ensure that all parties to wagers receive their correct\nentitlement.\nThe wagering control system may be owned by the licensee or by a third party.\n(3) A wagering licensee must not conduct operations under the licence\nunless its wagering control system is approved by the Director in\naccordance with the regulations.\n(4) The Director may make approval of a wagering control system\nconditional on the system's compliance with any standards, rules or\nrequirements the Director considers appropriate to ensure the\nsystem meets the requirements of subsection (2).\n(5) The Director must publish the standards, rules or requirements\napplicable to wagering control systems under subsection (4).\n(6) A wagering licensee must not change its wagering control system\nexcept in accordance with the regulations.\n(7) A licensee must report a breach or failure of a wagering control\nsystem in accordance with the regulations.\n\nRacing and Wagering Act 2024 75\n","sortOrder":163},{"sectionNumber":"164","sectionType":"section","heading":"Offences related to wagering control systems","content":"164 Offences related to wagering control systems\n(b) has no wagering control system currently approved by the\nDirector; and\n(c) intentionally conducts business under the licence.\n(2) Strict liability applies to subsection (1)(a) and (b).\n(b) the person's wagering control system is approved by the\nDirector; and\n(c) the person engages in conduct; and\n(d) that conduct results in:\n(i) a failure to implement or comply with the wagering\ncontrol system; or\n(ii) a change to the wagering control system contrary to the\nregulations.\n(4) An offence against subsection (3) is an offence of strict liability.\n(5) A person commits an offence if the person:\n(b) fails to make a report in accordance with section 163(7).\n(6) An offence against subsection (5) is an offence of strict liability.\n\nRacing and Wagering Act 2024 76\n(7) It is a defence to a prosecution for an offence against\nsubsection (1), (3) or (5) if the defendant has a reasonable excuse.\nNote for subsection (7)\n","sortOrder":164},{"sectionNumber":"165","sectionType":"section","heading":"Prohibition of event","content":"165 Prohibition of event\n(1) The Minister may, by Gazette notice, prohibit or restrict wagering on\na specified event if the Minister considers wagering on that event to\nbe contrary to the public interest or community expectations.\nA wager made on an event prohibited by the Minister is an unlawful wager under\nsection 199.\n(2) For subsection (1), the Minister may consider the following factors:\n(a) the objective of promoting safe wagering and minimising harm\nfrom unsafe wagering;\n(b) consumer protection issues associated with the event;\n(c) protecting the public from contingencies that are offensive or\ninsulting.\n(3) Any potential or actual loss of revenue to the Territory or a licensee\nresulting from a prohibition or restriction under this section is not a\nrelevant consideration.\n(4) Before prohibiting or restricting wagering under this section, the\nMinister may request and consider submissions from a licensee\nwho would be affected by the proposed prohibition or restriction.\n","sortOrder":165},{"sectionNumber":"166","sectionType":"section","heading":"Novelty events","content":"166 Novelty events\n(1) The Commission may issue rules governing the wagering on\nnovelty events by licensees.\nA wager on a novelty event is a wager on the results of any event happening\nanywhere in the world.\nExample for subsection (1)\nA wager on the result of an award show or the weather on a particular day.\n\nRacing and Wagering Act 2024 77\n(2) The Commission must publish any rules issued under\nsubsection (1).\n","sortOrder":166},{"sectionNumber":"167","sectionType":"section","heading":"Declaration of sporting event","content":"167 Declaration of sporting event\n(1) The Commission may declare an event to be a sporting event.\n(2) The Commission must publish any event declared under\nsubsection (1).\n","sortOrder":167},{"sectionNumber":"168","sectionType":"section","heading":"Directions on contingency in relation to sporting event","content":"168 Directions on contingency in relation to sporting event\n(1) The Commission may issue directions to a wagering licensee,\nprohibiting or restricting wagering on a specified contingency in\nrelation to a sporting event if it considers wagering on that\ncontingency to be contrary to the public interest or community\nexpectations.\nA wager made on a contingency prohibited by the Commission is an unlawful\nwager under section 199.\n(2) For subsection (1), the Commission may consider the following\nfactors:\n(a) the objective of promoting safe wagering and minimising harm\nfrom unsafe wagering;\n(b) consumer protection issues associated with the contingency;\n(c) protecting the public from contingencies that are offensive or\ninsulting;\n(d) protecting the integrity of the sporting event.\n(3) Any potential or actual loss of revenue to the Territory or a licensee\nresulting from a direction under this section is not a relevant\nconsideration.\n(4) Before issuing a direction, the Commission may request and\nconsider submissions from a licensee who would be affected by the\nproposed direction.\n","sortOrder":168},{"sectionNumber":"169","sectionType":"section","heading":"Meaning of sports information","content":"169 Meaning of sports information\nThe following information is taken to be sports information:\n(a) information that identifies, or is capable of identifying, an\nanimal or rider in a race;\n\nRacing and Wagering Act 2024 78\n(b) information about a sporting event declared by the\nCommission, including information about an individual or a\nteam expected to take part, or taking part, in the sporting\nevent.\n","sortOrder":169},{"sectionNumber":"170","sectionType":"section","heading":"Approval to use sports information","content":"170 Approval to use sports information\n(1) A wagering licensee must obtain approval in accordance with this\nsection to use sports information relating to a race or sporting event\nin the Territory.\n(2) A wagering licensee must obtain approval to use sports information\nrelating to a race or sporting event in another Territory or State if\nthe body or entity governing that race or sporting event requires\napproval for using that information.\nExample for subsection (2)\nSome national sports league governing bodies require sports bookmakers to pay\nfor the use of information about their sport. In such cases, the sports bookmaker\nmust get approval from the body to use the information.\n(3) The approval must be obtained from:\n(a) in the case of information relating to a race in the Territory –\nthe race control body responsible for the race; or\n(b) in the case of information relating to a sporting event in the\nTerritory – the control body authorised for the sporting event\nby the Commission under subsection (5); or\n(c) in the case of information relating to a race or sporting event\nin another Territory or State – the control body that requires\napproval for using that information.\n(4) An application for approval to use sports information must be in the\nform and manner required by the control body that requires\napproval.\n(5) The Commission may, by Gazette notice, authorise a body or entity\nto be the control body for a sporting event that occurs in the\nTerritory.\n","sortOrder":170},{"sectionNumber":"171","sectionType":"section","heading":"Using sports information","content":"171 Using sports information\nA wagering licensee is taken to use sports information if the\nlicensee, in the course of business as a wagering licensee:\n(a) publishes the sports information; or\n\nRacing and Wagering Act 2024 79\n(b) conducts wagering on contingencies created using the sports\ninformation; or\n(c) deals with the sports information in a manner prescribed by\nregulation.\n","sortOrder":171},{"sectionNumber":"172","sectionType":"section","heading":"Approval by control body","content":"172 Approval by control body\n(1) A control body in the Territory that receives an application under\nsection 170(4) must decide whether to approve the use of the\ninformation no later than 28 days after receiving the application.\n(2) A control body may:\n(a) require the payment of a fee for approval to use the sports\ninformation in accordance with the regulations; and\n(b) impose conditions on its approval.\n(3) A control body may specify the period for which its approval is valid.\n(4) Any fee for the use of the sports information is a debt due and\npayable to the control body that gave the approval.\n","sortOrder":172},{"sectionNumber":"173","sectionType":"section","heading":"Variation of conditions","content":"173 Variation of conditions\n(1) A control body may vary or revoke the conditions of its approval to\nuse sports information or impose additional conditions on the\napproval to use sports information given to a wagering licensee.\n(2) Before exercising its powers under subsection (1), a control body in\nthe Territory must:\n(a) give the wagering licensee written notice of the proposed\nvariation, revocation or additional conditions; and\n(b) consider any submissions made by the wagering licensee\nwithin 28 days after the notice is sent to the licensee.\n(3) A control body must, in writing, notify the wagering licensee of its\ndecision on any variation, revocation or additional conditions.\n","sortOrder":173},{"sectionNumber":"174","sectionType":"section","heading":"Cancellation of approval","content":"174 Cancellation of approval\n(1) A control body may cancel the approval it gave to a wagering\nlicensee to use sports information if satisfied that:\n(a) the wagering licensee seriously contravened a condition of the\napproval; or\n\nRacing and Wagering Act 2024 80\n(b) the wagering licensee contravened this Act; or\n(c) other grounds prescribed by regulation exist for cancellation.\n(2) The control body must give written notice to the wagering licensee\nof any cancellation.\n","sortOrder":174},{"sectionNumber":"175","sectionType":"section","heading":"Offence related to sports information","content":"175 Offence related to sports information\n(b) uses sports information; and\n(c) does not have the approval required under section 172 to use\nthat sports information.\n","sortOrder":175},{"sectionNumber":"176","sectionType":"section","heading":"Requirement for approval of arrangements and agreements","content":"176 Requirement for approval of arrangements and agreements\nnot enter into an arrangement or agreement with another person in\nconnection with the wagering activity of the licensee's customers\nwithout the Commission's approval if the arrangement or\nagreement would:\n(a) cause a substantial change to the licensee’s relationship with\ncustomers; or\n(b) cause the other person to be considered an associate of the\nlicensee; or\n(c) cause the other person to interact with customers of the\nlicensee on behalf of the licensee; or\n\nRacing and Wagering Act 2024 81\n(d) allow the other person to receive compensation for conduct,\nother than a simple hyperlink on the other person's website,\nthat refers customers to the licensee; or\n(e) entitle the other person to compensation based on a\ncustomer's wagering activity.\nExamples for subsection (1)(a)\n1 Changing, adding or removing key features or services provided to\ncustomers.\n2 Changing the terms or times for settling wagers.\nExamples for subsection (1)(c)\nThe person would open customer accounts, process customer deposits or handle\ncustomer services.\n(2) The licensee must apply to the Commission for approval of its\nproposed arrangement or agreement.\n(3) The application must:\n(a) describe the proposed arrangement or agreement; and\n(b) identify each person involved in the proposed arrangement or\nagreement.\n","sortOrder":176},{"sectionNumber":"177","sectionType":"section","heading":"Decision on approval of arrangement or agreement","content":"177 Decision on approval of arrangement or agreement\n(1) The Commission may approve an arrangement or agreement\nreferred to in section 176(1) if satisfied that the other person is\nsuitable to be in the arrangement or agreement with the licensee.\n(2) When considering suitability under subsection (1), the Commission\nmust consider the following criteria:\n(a) whether the other person is a fit and proper person, having\nregard to character, honesty and integrity;\n(b) whether the other person has any business association with\nany person, body or association who or which, in the opinion\nof the Commission, is not a fit and proper person having\nregard to character, honesty and integrity or has undesirable\nor unsatisfactory financial resources.\n(3) The Commission must give the licensee a decision notice if it\napproves or refuses to approve an arrangement or agreement\nbetween a licensee and a person.\nThe arrangement or agreement can be terminated under section 214.\n\nRacing and Wagering Act 2024 82\n(4) The Commission may, in its decision notice:\n(a) clarify the scope of the obligations applicable to the person;\nand\n(b) limit the scope of the activities and relationship applicable to\nthe person; and\n(c) impose conditions on the licensee and the person regarding\nthe relationship.\n(5) The licensee must keep a record of any arrangement or agreement\napproved under this section.\n","sortOrder":177},{"sectionNumber":"178","sectionType":"section","heading":"Obligations of arrangement or agreement","content":"178 Obligations of arrangement or agreement\nIf the Commission approves an arrangement or agreement between\na licensee and another person, the other person and the other\nperson's conduct in relation to the business operated under the\nlicence is subject to:\n(a) the provisions of this Act applicable to the licensee and the\nlicensee's conduct; and\n(b) any conditions imposed on the person by the Commission.\n","sortOrder":178},{"sectionNumber":"179","sectionType":"section","heading":"Arrangement or agreement without approval","content":"179 Arrangement or agreement without approval\n(b) the person intentionally enters into an arrangement or\nagreement in connection with the licence or the business\noperated under the licence with another person; and\n(c) the arrangement or agreement requires the approval of the\nCommission under section 176; and\n(d) the arrangement or agreement was not approved by the\n(2) Strict liability applies to subsection (1)(a), (c) and (d).\n\nRacing and Wagering Act 2024 83\n","sortOrder":179},{"sectionNumber":"180","sectionType":"section","heading":"Requirement for terms and conditions of wagering","content":"180 Requirement for terms and conditions of wagering\nhave written terms and conditions for all products and services\noffered by the licensee and how customers will obtain and use\nthem.\n(2) The terms and conditions must:\n(a) be fair and reasonable to customers; and\n(b) be written in plain English; and\n(c) not be contrary to the public interest; and\n(d) be suitable and appropriate for each product or service offered\nby the licensee.\n(3) A licensee must make its terms and conditions available on its\nwebsite and all its other wagering platforms.\n","sortOrder":180},{"sectionNumber":"181","sectionType":"section","heading":"Initial terms and conditions of wagering","content":"181 Initial terms and conditions of wagering\n(1) A betting exchange licensee and a sports bookmaker licensee must\nnot commence business under a licence except in accordance with\nthe terms and conditions of wagering upon which the licence was\nissued.\nThe initial terms and conditions of wagering are submitted as part of the\napplication process under section 131(3).\n(b) the person intentionally contravenes subsection (1).\n\nRacing and Wagering Act 2024 84\n(3) Strict liability applies to subsection (2)(a).\nsubsection (2) if the defendant has a reasonable excuse.\n","sortOrder":181},{"sectionNumber":"182","sectionType":"section","heading":"Change in terms and conditions","content":"182 Change in terms and conditions\ngive to the Commission a copy of any substantive change to the\nterms and conditions of wagering upon which the licence was\nissued within 14 days of the change.\n(2) The Commission may issue a direction to a betting exchange\nlicensee and sports bookmaker licensee to change the terms and\nconditions of wagering within the time, and in the way, specified in\nthe notice if satisfied the terms and conditions no longer meet the\nrequirements of section 180.\n","sortOrder":182},{"sectionNumber":"183","sectionType":"section","heading":"Requirement for account","content":"183 Requirement for account\nnot accept a wager from a person unless:\n(a) the person opens and holds an account with the licensee; and\n(b) the person is identified in accordance with the Anti-Money\nLaundering and Counter-Terrorism Financing Rules\nInstrument 2007 (No. 1) (Cth).\n(2) A licensee is exempt from subsection (1) if the licensee:\n(a) holds a licence under the Totalisator Licensing and Regulation\nAct 2000; and\n(b) accepts the wager from a customer present at the licensee's\nretail premises.\n(3) A betting exchange licensee and sports bookmaker licensee must\nclose an open customer account if the licensee becomes aware\nthat false information of identity was used to open the account.\n\nRacing and Wagering Act 2024 85\n","sortOrder":183},{"sectionNumber":"184","sectionType":"section","heading":"Wager receipt","content":"184 Wager receipt\n(1) A wagering licensee must issue a receipt for each wager accepted\nby the licensee.\n(2) The receipt must be issued to the person making the wager and\ninclude the information prescribed by regulation.\n","sortOrder":184},{"sectionNumber":"185","sectionType":"section","heading":"Wagering records","content":"185 Wagering records\n(1) A wagering licensee must immediately record any wager accepted\nby the licensee by means of a document, equipment, device or\nservice.\n(2) Any wager paid out to a person by an on-course bookmaker\nlicensee must be recorded immediately on the same document,\nequipment, device or service as the wager.\n","sortOrder":185},{"sectionNumber":"186","sectionType":"section","heading":"Keeping accounts","content":"186 Keeping accounts\nA wagering licensee must:\n(a) keep accounting records that correctly record and explain the\ntransactions and financial position of the business operated\nunder the licence; and\n(b) keep the accounting records in a way that allows:\n(i) true and fair financial statements and accounts to be\nprepared from time to time; and\n(ii) the financial statements and accounts to be conveniently\nand properly audited.\n","sortOrder":186},{"sectionNumber":"187","sectionType":"section","heading":"Preparation of financial statements and accounts","content":"187 Preparation of financial statements and accounts\nprepare financial statements and accounts in accordance with\napplicable Australian accounting standards that give a true and fair\nview of the financial operations of the business operated under the\nlicence including:\n(a) the verification and reconciliation of tax payments; and\n(b) long-term wager accounts in financial institutions; and\n(c) customer accounts; and\n\nRacing and Wagering Act 2024 86\n(d) any other matter prescribed by regulation.\n(2) A betting exchange licensee and sports bookmaker licensee must\nlodge a copy of their financial statements and accounts with the\nCommission within 5 months of the end of the licensee's financial\nyear.\n","sortOrder":187},{"sectionNumber":"188","sectionType":"section","heading":"Monthly returns","content":"188 Monthly returns\n(1) A wagering licensee must prepare a monthly return on the\nlicensee's operations during the previous month.\n(2) The monthly return must be in the approved form and contain the\ninformation prescribed by regulation.\n(3) The monthly return must be lodged with the Commission within\n14 days after the end of each month.\n","sortOrder":188},{"sectionNumber":"189","sectionType":"section","heading":"Failure to lodge return","content":"189 Failure to lodge return\n(1) A wagering licensee commits an offence if the licensee fails to\nlodge a monthly return as required under section 188.\n","sortOrder":189},{"sectionNumber":"190","sectionType":"section","heading":"Audits","content":"190 Audits\n(1) The Commission may, by written notice, require a licensee to\nconduct an audit in accordance with this section.\n(2) The audit may be required for the following:\n(a) the licensee's accounts and financial statements prepared\nunder sections 186 and 187;\n(b) the licensee's wagering control system;\n(c) any system for the storage of information relating to the\n(d) any financial, unsafe wagering, fraud or money laundering or\ncounter-terrorism matters.\n(3) The audit must be performed, at the expense of the licensee, and\nan audit report prepared by:\n(a) a person registered as an auditor, or taken to be so\nregistered, under Part 9.2 of the Corporations Act 2001 (Cth);\nor\n\nRacing and Wagering Act 2024 87\n(b) another person qualified and suitable to perform the audit\nacceptable to the Commission.\n(4) The licensee must lodge a copy of the audit report with the\nCommission within 90 days after the day the licensee receives the\nrequest, or any further time allowed by the Commission.\n(5) On receiving a copy of the audit report, the Commission may, by\nwritten notice, require the licensee to give further information about\na matter relating to the audit.\n(6) The licensee must comply with a requirement under subsection (5)\nwithin the time stated in the notice, or any further time allowed by\nthe Commission.\n","sortOrder":190},{"sectionNumber":"191","sectionType":"section","heading":"Producing records and other documents","content":"191 Producing records and other documents\nA wagering licensee must, on the request of an inspector, the\nDirector or the Commission produce:\n(a) any record required to be kept by the licensee under this Act;\nor\n(b) any other document relating to the operation of the licensee's\n","sortOrder":191},{"sectionNumber":"192","sectionType":"section","heading":"Failure to produce records and other documents","content":"192 Failure to produce records and other documents\n(1) A wagering licensee commits an offence if the licensee fails to\ncomply with a request under section 191.\n\nRacing and Wagering Act 2024 88\n","sortOrder":192},{"sectionNumber":"193","sectionType":"section","heading":"Prohibited or restricted wagering","content":"193 Prohibited or restricted wagering\n(c) the wager is on an event or a contingency prohibited or\nrestricted under section 165 or 168; and\n(d) the wager contravenes the prohibition or restriction.\n","sortOrder":193},{"sectionNumber":"194","sectionType":"section","heading":"Misleading wagers prohibited","content":"194 Misleading wagers prohibited\n(c) the wager is likely to lead a potential customer to believe on\nreasonable grounds that the wager is:\n(i) a ticket in a lottery; or\n(ii) an offer or invitation to enter or participate in a lottery.\n\nRacing and Wagering Act 2024 89\n(c) the winning outcome of the wager consists of numbers, digits\nor symbols derived from numbers, digits or symbols that form\npart only of one or more sporting events; and\n(d) the wager does not enable a potential customer to use\njudgement or skill in the selection of the winning outcome.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\nsubsection (1) or (2) if:\n(a) the wager had the characteristics of a mystery wager on a\nrace or sporting event and the combination in the wager\nrelates to direct outcomes of identified races or sporting\nevents; or\n(b) the wager was exempted by the Commission under\nsubsection (5).\nThe defendant has an evidential burden in relation to these exemptions (see\n(5) The Commission may, on application by a licensee or a customer\nor its own initiative, declare that a specific wager is exempt from\nsubsection (1) or (2) if the Commission is satisfied that:\n(a) the wager is not misleading; and\n(b) the wager is not an abuse of a sporting event.\n(6) Nothing in this section prevents a person from conducting a lottery\nor internet gaming business in accordance with the Gaming Control\nAct 1993.\n(7) In this section:\ninternet gaming business, see section 47A of the Gaming Control\nAct 1993.\nlottery, see section 3 of the Gaming Control Act 1993.\n\nRacing and Wagering Act 2024 90\n","sortOrder":194},{"sectionNumber":"195","sectionType":"section","heading":"Offences related to accounts","content":"195 Offences related to accounts\n(a) is a betting exchange licensee or sports bookmaker licensee;\nand\n(c) does not comply with section 183(1) or (3).\n","sortOrder":195},{"sectionNumber":"196","sectionType":"section","heading":"Not issuing receipt for wager","content":"196 Not issuing receipt for wager\n(c) does not issue a receipt to the other person in accordance\nwith section 184.\n","sortOrder":196},{"sectionNumber":"197","sectionType":"section","heading":"Not recording wager","content":"197 Not recording wager\n(c) does not keep a record of the wager in accordance with\nsection 185.\n\nRacing and Wagering Act 2024 91\n","sortOrder":197},{"sectionNumber":"198","sectionType":"section","heading":"Offence relating to audits","content":"198 Offence relating to audits\n(b) receives a request from the Commission under section 190 to\nconduct an audit; and\n(c) fails to cause an audit to be made, or to lodge a copy of the\naudit report, in accordance with that section.\n","sortOrder":198},{"sectionNumber":"199","sectionType":"section","heading":"Unlawful wager","content":"199 Unlawful wager\n(1) A wager is unlawful if:\n(a) it is made through a person who is not a wagering licensee or\ndoes not hold other legal authority to accept a wager; or\n(b) it is made in relation to an event prohibited or restricted by the\nMinister under section 165(1); or\n(c) it is a novelty wager and contravenes any rules for novelty\nwagers issued by the Commission under section 166(1); or\n(d) it is made in relation to an event that is not declared to be a\nsporting event by the Commission under section 167(1); or\n(e) it contravenes a direction issued by the Commission in\nrelation to a contingency on a sporting event under\nsection 168(1); or\n(f) it is otherwise contrary to this Act or to the law of a State,\nanother Territory or the Commonwealth; or\n(g) it is declared to be unlawful by the Commission under\nsubsection (2).\n\nRacing and Wagering Act 2024 92\n(2) The Commission may, on application by a licensee or a customer\nor its own initiative, declare a wager to be unlawful if satisfied that:\n(a) the wager was made in relation to an event that was not fairly\nor lawfully conducted; or\n(b) the wager was made in relation to an event where the result is\nnot what would be legitimately expected if all steps in the\nproceedings of the event or the declaration of its result were\nhonestly and fairly conducted or declared.\n","sortOrder":199},{"sectionNumber":"200","sectionType":"section","heading":"Offence related to unlawful wager","content":"200 Offence related to unlawful wager\n(a) the person intentionally wagers with another person; and\n(b) the wager is an unlawful wager.\nMaximum penalty: 215 penalty units.\n","sortOrder":200},{"sectionNumber":"201","sectionType":"section","heading":"Soliciting unlawful wagers","content":"201 Soliciting unlawful wagers\n(a) directly or indirectly invites or solicits another person to give or\nentrust to the person money or other valuable thing; and\n(b) engages in the conduct mentioned in paragraph (a) with the\nintention of using the money or valuable thing for an unlawful\nMaximum penalty: 215 penalty units.\n(2) Subsection (1)(b) is the fault element for the conduct in\nsubsection (1)(a).\n","sortOrder":201},{"sectionNumber":"202","sectionType":"section","heading":"Agreement relating to unlawful wager","content":"202 Agreement relating to unlawful wager\n(1) An agreement, whether oral or in writing, relating to an unlawful\nwager is void and has no effect.\n\nRacing and Wagering Act 2024 93\n(2) No action or proceeding may be commenced or maintained to\nrecover money or other valuable thing that is:\n(a) won on an unlawful wager; or\n(b) deposited with a person to abide the contingency on which an\nunlawful wager was made.\n","sortOrder":202},{"sectionNumber":"203","sectionType":"section","heading":"Disposition of property as result of unlawful wager","content":"203 Disposition of property as result of unlawful wager\n(1) Despite any Act relating to the registration of title to real or personal\nproperty, a disposition of property made, or an agreement to\ndispose of property entered into, by way of payment of or security\nfor a debt as a consequence of an unlawful wager is of no effect.\n(2) Subsection (1) does not invalidate a disposition of property to a\nperson if:\n(a) the disposition was for valuable consideration; and\n(b) the person was not a party to the agreement referred to in\nsubsection (1); and\n(c) the person, at the time of the disposition, had no notice that\nthe property was the subject of, or the whole or part of the\nconsideration for, the agreement; and\n(d) the person acted in good faith.\n","sortOrder":203},{"sectionNumber":"204","sectionType":"section","heading":"Contravention of code of practice","content":"204 Contravention of code of practice\n(b) the conduct contravenes a code of practice approved by the\nMinister under section 13.\n\nRacing and Wagering Act 2024 94\n","sortOrder":204},{"sectionNumber":"205","sectionType":"section","heading":"Contravention of Commission's direction","content":"205 Contravention of Commission's direction\n(b) the conduct contravenes a direction of the Commission issued\nunder section 50(1), 168(1), 182(2), 214(1), 224(2)(b),\n226(2)(d) or 255(1).\n","sortOrder":205},{"sectionNumber":"206","sectionType":"section","heading":"Occupier conducting or allowing wagering contrary to Act","content":"206 Occupier conducting or allowing wagering contrary to Act\n(a) the person is an occupier of a place; and\n(b) the person intentionally conducts or allows wagering in that\nplace; and\n(c) the conduct is contrary to this Act or the wager is an unlawful\n","sortOrder":206},{"sectionNumber":"207","sectionType":"section","heading":"Invitation to place of wagering contrary to Act","content":"207 Invitation to place of wagering contrary to Act\n(a) the person invites members of the public to a place to conduct\nwagering; and\n(b) the conduct is contrary to this Act or the wager is an unlawful\nMaximum penalty: 10 penalty units.\n\nRacing and Wagering Act 2024 95\n","sortOrder":207},{"sectionNumber":"208","sectionType":"section","heading":"Wagering on trial","content":"208 Wagering on trial\n(c) the wagering is on the outcome of a trial.\n(a) the person conducts wagering; and\n(b) the wagering is on the outcome of a trial.\n(3) An offence against subsection (1) or (2) is an offence of strict\nliability.\n","sortOrder":208},{"sectionNumber":"209","sectionType":"section","heading":"Power to declare wager void","content":"209 Power to declare wager void\n(1) The Commission may declare a wager or a series of wagers to be\nvoid if satisfied, after an investigation, that the wager:\n(a) contravened this Act, a code of practice or the terms and\nconditions of wagering under which it was accepted; or\n(b) was an unlawful wager; or\n(c) should not have been offered, negotiated or accepted by a\nlicensee.\n(2) The declaration under subsection (1) must be in the form of a\ndecision notice.\n(3) The licensee must refund the amount of any wager declared void\nwithin 7 days, unless the licensee applies for a review of the\ndeclaration under section 239.\n\nRacing and Wagering Act 2024 96\n","sortOrder":209},{"sectionNumber":"210","sectionType":"section","heading":"Power to declare wager valid","content":"210 Power to declare wager valid\n(1) The Commission may declare a wager or a series of wagers to be\nvalid if satisfied, after an investigation, that the licensee should not\nhave voided the wager accepted by a licensee because the wager:\n(a) did not contravene this Act, a code of practice or the terms\nand conditions of wagering under which it was accepted; or\n(b) was not an unlawful wager.\n(2) The declaration under subsection (1) must be in the form of a\ndecision notice.\n(3) The licensee must pay out the amount of the winnings of any wager\ndeclared valid by the Commission, unless the licensee applies for a\nreview of the declaration under section 239.\n","sortOrder":210},{"sectionNumber":"211","sectionType":"section","heading":"Prohibiting opening of account","content":"211 Prohibiting opening of account\n(1) The Commission may, by written notice, issue a direction to a\nbetting exchange licensee and sports bookmaker licensee\nprohibiting the licensee from opening an account for a person\nspecified in the notice, if satisfied that:\n(a) the person is engaged in unsafe wagering or should be\nprotected from unsafe wagering; or\n(b) the person demonstrates little or no understanding of\n(2) Before making a direction under subsection (1), the Commission\nmust consider the following factors:\n(a) whether the person displays a lack of understanding of how to\nwager, how wagers are settled or the terms and conditions of\na wager;\n(b) whether the person made unsuccessful complaints displaying\na similar lack of understanding;\n(c) whether the person has multiple accounts with different\nlicensees and has made unsuccessful complaints displaying a\nsimilar lack of understanding with those licensees;\n(d) whether the person displays the behaviour of a problem\ngambler;\n\nRacing and Wagering Act 2024 97\n(e) any other factor the Commission considers relevant.\n(3) A direction under subsection (1) may be made in relation to a group\nof licensees.\n(4) The direction must include the following information:\n(a) the name of the person whose account is not to be opened;\n(b) the reason for prohibiting the opening of the account;\n(c) the name of the licensee or licensees;\n(d) the action to be taken by the licensee in relation to the\naccount.\n(5) A licensee who receives a notice under subsection (1) must not\nopen an account for the person specified in the notice.\nNote for section 211\nA person specified in the notice may apply under section 239 to NTCAT for\nreview of the decision to issue the notice.\n","sortOrder":211},{"sectionNumber":"212","sectionType":"section","heading":"Opening prohibited account","content":"212 Opening prohibited account\n(a) is a betting exchange licensee or sports bookmaker licensee;\nand\n(b) receives a notice from the Commission under section 211\nprohibiting the opening of an account for a person specified in\nthe notice; and\n(c) opens an account for the person specified in the notice.\n\nRacing and Wagering Act 2024 98\n","sortOrder":212},{"sectionNumber":"213","sectionType":"section","heading":"Power to close account","content":"213 Power to close account\n(1) The Commission may, on application by a person or its own\ninitiative, issue a direction to a licensee to close the account of a\nperson, either permanently or temporarily, if satisfied that:\n(a) the person is engaged in unsafe wagering or should be\nprotected from unsafe wagering; or\n(b) the person demonstrates little or no understanding of\n(2) Before making a direction under subsection (1), the Commission\nmust consider the following factors:\n(a) whether the person displays a lack of understanding of how to\nwager, how wagers are settled or the terms and conditions of\na wager;\n(b) whether the person made unsuccessful complaints displaying\na similar lack of understanding;\n(c) whether the person has multiple accounts with different\nlicensees and has made unsuccessful complaints displaying a\nsimilar lack of understanding with those licensees;\n(d) whether the person displays the behaviour of a problem\ngambler;\n(e) any other factor the Commission considers relevant.\n(3) A direction under subsection (1) may be made in relation to a group\nof licensees.\n(4) The direction must include the following information:\n(a) the name of the person whose account is to be closed;\n(b) the reason for closing the account;\n(c) the name of the licensee or licensees;\n(d) the action to be taken by the licensee in relation to the\naccount.\n(5) The direction must be given to:\n(a) the licensee and all other betting exchange licensees and\nsports bookmaker licensees; and\n(b) the person whose account is to be closed.\n\n","sortOrder":213},{"sectionNumber":"Div 3","sectionType":"division","heading":"Associated persons, arrangements and agreements","content":"Division 3 Associated persons, arrangements and agreements\nRacing and Wagering Act 2024 99\n(6) A licensee who receives a direction to close an account must:\n(a) immediately suspend the account; and\n(b) subject to subsection (7), close the account within 7 days after\nthe day the direction is received.\n(7) If an application for review of the direction is made to NTCAT within\n7 days after the day the direction is received by the person subject\nto the direction, the account must not be closed until the review is\ncomplete and the direction upheld.\nDivision 3 Associated persons, arrangements and\nagreements\n","sortOrder":214},{"sectionNumber":"214","sectionType":"section","heading":"Direction to terminate association, arrangement or agreement","content":"214 Direction to terminate association, arrangement or agreement\n(1) The Commission may issue a direction to a licensee and any\nperson who is an associate of the licensee or in an arrangement or\nagreement with the licensee to terminate the association,\narrangement or agreement, whether previously approved or not.\n(2) A direction under subsection (1) may only be made if the\nCommission is satisfied, after an investigation, that:\n(a) the person contravened a provision of this Act or any code of\npractice, direction, standard, rule or requirement under this\nAct; or\n(b) the person is not suitable to be an associate of or be in an\narrangement or agreement with the licensee.\n(3) When considering suitability under subsection (2)(b), the\nCommission must consider the following criteria:\n(a) whether the person is a fit and proper person, having regard\nto character, honesty and integrity;\n(b) whether the person has any business association with any\nperson, body or association who or which, in the opinion of the\nCommission, is not a fit and proper person, having regard to\ncharacter, honesty and integrity or has undesirable or\nunsatisfactory financial resources.\n","sortOrder":215},{"sectionNumber":"215","sectionType":"section","heading":"Notice of proposed direction","content":"215 Notice of proposed direction\n(1) Before issuing a direction under section 214(1), the Commission\nmust give a written notice to the licensee and the person who is\nsubject to the direction.\n\nRacing and Wagering Act 2024 100\n(2) The notice must include the following information:\n(a) the name of the licensee and the person whose association,\narrangement or agreement is to be terminated;\n(b) the reason for the proposed direction;\n(c) the action to be taken to terminate the association,\narrangement or agreement;\n(d) the right to respond under subsection (3).\n(3) The licensee and the person whose association, arrangement or\nagreement is to be terminated may submit a written response to the\nproposed direction with the Commission within 14 days after\nreceiving the notice.\n","sortOrder":216},{"sectionNumber":"216","sectionType":"section","heading":"Issuing direction to terminate association, arrangement or","content":"216 Issuing direction to terminate association, arrangement or\nagreement\n(1) The Commission must consider any response submitted under\nsection 215(3) and decide whether to issue the direction or not.\n(2) If the Commission issues the direction, a copy must be given to the\nlicensee and the person who is subject to the direction.\n","sortOrder":217},{"sectionNumber":"217","sectionType":"section","heading":"Compliance with direction","content":"217 Compliance with direction\n(1) The licensee and person subject to a direction under section 214(1)\nmust terminate their association, arrangement or agreement within\n28 days after the date of the direction or any longer period allowed\nby the Commission.\n(2) If the association, arrangement or agreement is not terminated\nwithin the period required under subsection (1), the Commission\nmay suspend the licence until the association, arrangement or\nagreement is terminated or for another period determined by the\n","sortOrder":218},{"sectionNumber":"218","sectionType":"section","heading":"Prohibition orders","content":"218 Prohibition orders\n(1) An application may be made to the Local Court for an order to be\nmade prohibiting a person from wagering on the grounds that the\nperson's wagering has impoverished, or is likely to endanger the\nwelfare of, the person or other persons.\n\nRacing and Wagering Act 2024 101\n(2) The Local Court hearing the application may do any of the\n(a) investigate the matters contained in the application;\n(b) hear evidence related to the application;\n(c) summon the person to appear, at a time and place specified in\nthe summons, and to show cause why an order should not be\nmade prohibiting the person from wagering;\n(d) summon a licensee to give evidence relevant to the\napplication.\n(3) The Local Court may make an order prohibiting a person from\nmaking wagers with a licensee or entering the premises of a\nlicensee or a racecourse if satisfied the person's wagering has\nimpoverished, or is likely to endanger the welfare of, the person or\nother persons.\n(4) The order expires as may be specified in the order.\n(5) All proceedings under this section must be conducted in private and\nnot open to the public.\n","sortOrder":219},{"sectionNumber":"219","sectionType":"section","heading":"Promotion of safe wagering","content":"219 Promotion of safe wagering\n(1) The Director and the Commission may engage in activities to\npromote safe wagering to the public or selected audiences.\n(2) The activities may include holding forums or sessions and\npublishing information about the following matters:\n(a) measures to reduce harm caused by unsafe wagering;\n(b) measures to encourage safe wagering;\n(c) information on wagering products, safe wagering tools and\nsupport services;\n(d) measures to prevent wagering by children and other persons\nprohibited from wagering.\n\nRacing and Wagering Act 2024 102\n","sortOrder":220},{"sectionNumber":"Part 8","sectionType":"part","heading":"Complaints, investigations, disciplinary action","content":"Part 8 Complaints, investigations, disciplinary action\nand hearings\n","sortOrder":221},{"sectionNumber":"220","sectionType":"section","heading":"Making complaints","content":"220 Making complaints\n(1) Any person may make a complaint in relation to:\n(a) an alleged contravention of this Act, the regulations, a code of\npractice approved or rules issued under this Act; or\n(b) a licensee's handling of a wager.\n(2) The complaint must:\n(a) be made in writing and, in the case of a complaint to the\nCommission, in the approved form; and\n(b) state the name and contact details of the person making the\ncomplaint; and\n(c) specify the ground for the complaint and the identity of the\nlicensee or other person complained of.\n","sortOrder":222},{"sectionNumber":"221","sectionType":"section","heading":"Lodging complaints","content":"221 Lodging complaints\n(1) A complaint in relation to an on-course bookmaker licensee's\nhandling of a wager, must be lodged with the steward of the\nracecourse where the on-course bookmaker was located when the\nwager was made.\n(2) A complaint in relation to any matter other than a complaint\nspecified in subsection (1) must be lodged with the Commission.\n(3) A complaint must be lodged within:\n(a) 14 days after the person became aware of the matter giving\nrise to the complaint; or\n(b) any later time, up to 2 years after the matter occurred, that is\nallowed by the Commission.\n","sortOrder":223},{"sectionNumber":"222","sectionType":"section","heading":"Investigation of complaint to Commission","content":"222 Investigation of complaint to Commission\n(1) The Director may, on behalf of the Commission, investigate a\ncomplaint lodged with the Commission under section 221(2).\n\nRacing and Wagering Act 2024 103\n(2) The Director may refuse to investigate a complaint if satisfied that:\n(a) the complaint is trivial, frivolous or vexatious; or\n(b) in the case of a complaint by a customer against a licensee –\nthe customer has not raised the complaint with the licensee;\nor\n(c) no grounds exist for the complaint.\n(3) The Director must give the parties to the complaint written notice if\nthe Director refuses to investigate the complaint for a reason\nmentioned in subsection (2).\n(4) The parties to a complaint being investigated by the Director may\nsubmit a written response regarding the complaint with the Director\nwithin the time specified by the Director in the written notice.\n","sortOrder":224},{"sectionNumber":"223","sectionType":"section","heading":"Action after investigation","content":"223 Action after investigation\n(1) After completing an investigation and considering any submissions\nreceived under section 222(4) in relation to the complaint, the\nDirector must:\n(a) prepare a report on the investigation; and\n(b) give the report to the Commission.\n(2) A report prepared under subsection (1)(a) must:\n(a) summarise the findings of the investigation; and\n(b) attach any submissions received from the parties; and\n(c) include any relevant evidence obtained during the\ninvestigation; and\n(d) include any recommendations the Director may have in\nrelation to the complaint.\n","sortOrder":225},{"sectionNumber":"224","sectionType":"section","heading":"Action by Commission in relation to complaints","content":"224 Action by Commission in relation to complaints\n(1) The Commission must consider any report regarding the\ninvestigation of a complaint under section 223(1) given to the\nCommission by the Director.\n\nRacing and Wagering Act 2024 104\n(2) The Commission may, after considering the report, do the following:\n(a) take no action over the complaint if satisfied that:\n(i) there are no grounds or evidence to justify taking action;\nor\n(ii) the complaint does not warrant taking action; or\n(iii) the complaint was satisfactorily settled by the parties to\nthe complaint;\n(b) issue a direction to a licensee to take specified action to\nresolve the complaint;\n(c) declare a wager to be void or valid;\n(d) schedule a hearing under section 232;\n(e) take disciplinary action if satisfied that there are grounds to do\nso.\n(3) The Commission must give a decision notice of the decision or\naction under subsection (2) to the parties to the complaint.\n","sortOrder":226},{"sectionNumber":"225","sectionType":"section","heading":"Director's investigation","content":"225 Director's investigation\n(1) The Director, on behalf of the Commission, may investigate a\nlicensee or other person regulated under this Act in relation to:\n(a) the possible commission of an offence by the licensee or other\nperson; or\n(b) any possible grounds for disciplinary action against a licensee.\n(2) After completing an investigation under subsection (1), the Director\nmust:\n(a) prepare a report on the investigation; and\n(b) give the report to the Commission.\n","sortOrder":227},{"sectionNumber":"226","sectionType":"section","heading":"Action by Commission in relation to investigation","content":"226 Action by Commission in relation to investigation\n(1) The Commission must consider any report regarding an\ninvestigation under section 225 given to the Commission by the\nDirector.\n\nRacing and Wagering Act 2024 105\n(2) The Commission may, after considering the report, do the following:\n(a) accept any recommendation made by the Director in the\nreport;\n(b) enter into an enforceable undertaking in relation to the matter;\n(c) take disciplinary action under section 228 if satisfied that there\nare grounds to do so;\n(d) issue any other notice or direction or make any other\ndeclaration available under this Act in relation to the matter;\n(e) schedule a hearing to be held under Division 4 to deal with the\nmatter.\n(3) The Commission must give a decision notice of the decision made\nunder subsection (2)(a) to (d) to any complainant and the licensee\nor other person under investigation.\n","sortOrder":228},{"sectionNumber":"227","sectionType":"section","heading":"Grounds for disciplinary action","content":"227 Grounds for disciplinary action\n(1) Each of the following is a ground for taking disciplinary action\nagainst a licensee or a race club:\n(a) the licensee or race club gives incorrect or misleading\ninformation in an application under this Act;\n(b) the licensee or race club is no longer eligible, qualified or\ncompetent to hold the licence or registration;\n(c) the licensee or race club contravenes:\n(i) this Act; or\n(ii) another law relating to racing or wagering, including a\nlaw of a State, another Territory or the Commonwealth;\n(d) the licensee or race club fails to pay a fee or levy under this\nAct within the required time;\n(e) the licensee or race club contravenes a condition or restriction\non the licence or registration;\n(f) the licensee or race club contravenes an enforceable\nundertaking;\n\nRacing and Wagering Act 2024 106\n(g) the licensee or race club fails to pay a monetary penalty\npreviously imposed as disciplinary action within the required\n(2) Disciplinary action may be taken any time after the events that\nconstitute the ground for taking disciplinary action occurred.\n","sortOrder":229},{"sectionNumber":"228","sectionType":"section","heading":"Disciplinary action","content":"228 Disciplinary action\n(1) The Commission may take disciplinary action against licensees and\nrace clubs.\n(2) The following disciplinary action may be taken against a licensee\nor race club:\n(a) cancel or suspend the licence or registration;\n(b) amend the conditions of the licence or registration;\n(c) disqualify the licensee or race club from being eligible to hold\na licence or registration;\n(d) disqualify the licensee or race club from holding a licence or\nregistration;\n(e) issue a formal warning, reprimand or caution to the licensee or\nrace club;\n(f) require the licensee or race club to change its business\npractices or other conduct;\n(g) impose on the licensee or race club a monetary penalty.\n(3) The Commission may make disciplinary action subject to\nconditions.\nExample for subsection (3)\nSuspension continues until a licensee changes a specific business practice.\n","sortOrder":230},{"sectionNumber":"229","sectionType":"section","heading":"Monetary penalties","content":"229 Monetary penalties\n(1) A monetary penalty may not be imposed under section 228(2)(g) for\na contravention referred to in section 227(1)(c)(ii).\n(2) The amount of a monetary penalty imposed under section 228(2)(g)\nmust not exceed 1 000 penalty units.\n\nRacing and Wagering Act 2024 107\n(3) A licensee or race club must pay any monetary penalty imposed on\nthe licensee or race club within 28 days, or any longer period\nallowed by the Commission, after notice of the penalty is given to\nthe licensee or race club.\n(4) To avoid doubt, the monetary penalty is a civil penalty for the\npurposes of the Penalty Units Act 2009.\n(5) A monetary penalty imposed as disciplinary action may be\nrecovered as a debt due and payable to the Territory.\n","sortOrder":231},{"sectionNumber":"230","sectionType":"section","heading":"Limit on monetary penalty","content":"230 Limit on monetary penalty\n(1) No monetary penalty may be imposed against a licensee or race\nclub for a contravention of this Act if:\n(a) the licensee or race club is issued an infringement notice in\nrelation to that contravention; or\n(b) the licensee or race club is being prosecuted for an offence in\nrelation to that contravention.\n(2) Despite subsection (1), a monetary penalty may be imposed by the\nCommission against a licensee or race club specified in\nsubsection (1) if:\n(a) the infringement notice is withdrawn; or\n(b) the prosecution is discontinued.\n(3) The Commission must consider any penalty imposed by a court of\ncompetent jurisdiction on a licensee or race club when taking\ndisciplinary action against a licensee or race club.\n(4) In this section:\ninfringement notice means a notice prescribed by regulation\nserved on a person alleged to have committed an offence for the\npayment of a prescribed amount instead of a penalty imposed for\nthe offence.\n","sortOrder":232},{"sectionNumber":"231","sectionType":"section","heading":"Commission hearings","content":"231 Commission hearings\n(1) The Commission may conduct the following hearings:\n(a) a disciplinary hearing into any matter for which it believes\nthere may be grounds for taking disciplinary action;\n\nRacing and Wagering Act 2024 108\n(b) a hearing to resolve a complaint lodged with the Commission.\n(2) The Commission may hear a matter not referred to it but which\narises from a matter that was referred to it.\n(3) Two or more related matters may be heard jointly or at the same\n","sortOrder":233},{"sectionNumber":"232","sectionType":"section","heading":"Notice of hearing","content":"232 Notice of hearing\n(1) Before conducting a hearing, the Commission must give the parties\nto the hearing written notice of the hearing.\n(2) The notice of the hearing must include the following:\n(a) the time and place of the hearing;\n(b) a summary of the rights of the parties to participate in the\nhearing.\n(3) The time and place for the hearing must be at least\n10 business days after the day the notice is given to the parties\nunless exigent circumstances justify a shorter period.\n","sortOrder":234},{"sectionNumber":"233","sectionType":"section","heading":"Participation at hearing","content":"233 Participation at hearing\n(1) The parties to a hearing have a right to participate in a hearing and\nto legal representation.\n(2) A person summoned to attend or who appears as a witness in a\nhearing may be represented by a legal practitioner.\n(3) A party who is not represented by a legal practitioner:\n(a) is entitled to be supported by and to consult with another\nperson during a hearing; and\n(b) is not entitled to be represented by that other person.\n(4) A party may give evidence and make submissions in relation to a\ndisciplinary hearing.\n","sortOrder":235},{"sectionNumber":"234","sectionType":"section","heading":"Power to issue summons","content":"234 Power to issue summons\nThe Commission may, on the application of a party to a proceeding\nor on its own initiative, issue a summons requiring a person to\nappear before it at a specified time and place to give evidence or\nproduce evidentiary material.\n\nRacing and Wagering Act 2024 109\n","sortOrder":236},{"sectionNumber":"235","sectionType":"section","heading":"Power to deal with contempt","content":"235 Power to deal with contempt\nThe Commission may direct a person to leave the place of a\nhearing and may continue the proceeding in the person's absence if\nthe person engages in contempt.\n","sortOrder":237},{"sectionNumber":"236","sectionType":"section","heading":"Conduct of hearing","content":"236 Conduct of hearing\n(1) When conducting a hearing, the Commission must:\n(a) comply with the rules of natural justice; and\n(b) act as quickly and with as little formality and technicality as\npossible with appropriate consideration of the matters before\nit.\n(2) The Commission is not bound by the rules of evidence and may\ninform itself in any manner it considers appropriate.\n(3) The Commission may make rules for the conduct of hearings not\ninconsistent with this Act.\n(4) The Commission may adjourn a hearing at any time to make further\nenquiries or for another purpose.\n(5) A hearing is not open to the public unless the Commission\notherwise decides.\n","sortOrder":238},{"sectionNumber":"237","sectionType":"section","heading":"Record of hearing","content":"237 Record of hearing\n(1) The Commission must keep a record of the evidence given and\nsubmissions made at a hearing.\n(2) The Commission is not required to keep a transcript of a hearing.\n","sortOrder":239},{"sectionNumber":"238","sectionType":"section","heading":"Decision","content":"238 Decision\n(1) On completing the hearing of a disciplinary matter, the Commission\nmust:\n(a) dismiss the matter if satisfied that there are no grounds for\ntaking disciplinary action; or\n(b) take disciplinary action if satisfied that there are grounds to do\nso.\n(2) On completing the hearing of a complaint, the Commission may\ntake no action or any action referred to in section 224(2).\n\nRacing and Wagering Act 2024 110\n(3) After making a decision under subsection (1) or (2), the\nCommission must give:\n(a) a decision notice to the parties to the hearing; and\n(b) a copy of the decision notice to any person not a party who\nmade a complaint under section 220 that initiated the hearing.\n(4) Any action imposed on a person takes effect on the later of the\n(a) the day the decision notice is served on the person;\n(b) the day specified in the decision notice.\n(6) The Commission must publish a notice of any disciplinary action\ntaken by the Commission.\n","sortOrder":240},{"sectionNumber":"239","sectionType":"section","heading":"Review by NTCAT","content":"239 Review by NTCAT\n(1) The NTCAT has jurisdiction to review the following:\n(a) a decision of the Commission to issue, refuse to issue, renew\nor refuse to renew a licence under section 140;\n(b) a decision of the Commission to refuse to approve a change\nin associated persons and shareholders under section 157;\n(c) a decision of the Commission to refuse to approve an\narrangement or agreement under section 177;\n(d) a direction by the Commission under section 50(1), 168(1),\n182(2), 213(1), 214(1), 224(2)(b), 226(2)(d) or 255(1);\n(e) a decision of the Commission to declare a wager void under\nsection 209 or valid under section 210;\n(f) a decision of the Commission to prohibit the opening of an\naccount under section 211;\n(g) a decision or action referred to in section 224 in relation to a\ncomplaint in relation to a wager if:\n(i) the amount of the wager is more than the amount\nprescribed by regulation; or\n(ii) the amount of the pay out on the wager would be more\nthan the amount prescribed by regulation;\n\nRacing and Wagering Act 2024 111\n(h) any disciplinary action taken by the Commission under\nsection 228;\n(i) a decision of the Director to refuse to return a seized thing\nunder section 252;\n(j) a decision of the Director on forfeiture under section 253.\n(2) Any person entitled to receive a decision notice in relation to a\ndecision, action or direction specified in subsection (1) has the right\nto apply for review of the decision, action or direction.\n(3) The person's right to have a decision, an action or direction\nreviewed by NTCAT must be stated in the decision notice, notice of\nthe action or direction.\n(4) An application to the NTCAT for review must be made within\n14 days after the day the person making the application received\nthe decision notice or was subject to the action that is the subject of\nthe review.\nNote for section 239\nThe Northern Territory Civil and Administrative Act 2014 sets out the procedure\nfor applying to the NTCAT for review and other relevant matters in relation to\nreviews.\n","sortOrder":241},{"sectionNumber":"240","sectionType":"section","heading":"Grounds of review","content":"240 Grounds of review\nAn application for review to NTCAT may only be made under this\nAct on one or more of the following grounds:\n(a) the decision, action or direction of the Commission or the\nDirector was wrong in law;\n(b) the decision, action or direction of the Commission or the\nDirector was made against the weight of the evidence;\n(c) the Commission or the Director improperly exercised\ndiscretion or otherwise acted unlawfully;\n(d) the Commission or the Director did not act in good faith;\n(e) the Commission or the Director acted contrary to the\nprinciples of natural justice.\n","sortOrder":242},{"sectionNumber":"241","sectionType":"section","heading":"Stay of operation of decisions","content":"241 Stay of operation of decisions\n(1) The NTCAT may grant a stay of a decision, action or direction that\nis subject to its review.\n\nRacing and Wagering Act 2024 112\n(2) A stay may be granted on conditions and has effect for the period\nspecified by the NTCAT.\n(3) An application for review of a decision, action or direction does not\naffect the effect of the decision, action or direction unless the\ndecision is stayed.\n(4) If subject to an application for review by NTCAT, the following are\nautomatically stayed pending the review:\n(a) a decision of the Commission to declare a wager void under\nsection 209 or valid under section 210;\n(b) a notice from the Commission to prohibit the opening of an\naccount under section 211;\n(c) a direction issued by the Commission to close an account\nunder section 213;\n(d) a direction issued by the Commission to terminate an\nassociation, arrangement or agreement under section 214;\n(e) disciplinary action taken by the Commission under\nsection 228;\n(f) a decision by the Director to return a seized thing under\nsection 252.\n","sortOrder":243},{"sectionNumber":"242","sectionType":"section","heading":"Entry and inspections by inspector","content":"242 Entry and inspections by inspector\n(1) An inspector may enter and inspect the following places at any time\nthe place is open or appears to be in use:\n(a) any place licensed or registered under this Act;\n(b) any place operated or used by a licensee, whether located in\nthe Territory or not.\nNote for subsection (1)(b)\nIt is a condition of every licence that the licensee consents to inspections of any\npremises it operates or uses, wherever they are located.\n\nRacing and Wagering Act 2024 113\n(2) An inspector may, at any time, enter and inspect any place if the\ninspector believes on reasonable grounds that:\n(a) racing or wagering is being conducted at, on or in the place; or\n(b) an animal used in racing is being kept at, on or in the place; or\n(c) an offence against this Act has occurred, is occurring or is\nlikely to occur at, on or in the place.\n(3) Having entered a place, an inspector may remain at the place for as\nlong as is reasonably necessary to enable the inspector to perform\nthe inspector's functions.\n","sortOrder":244},{"sectionNumber":"243","sectionType":"section","heading":"Residential premises","content":"243 Residential premises\n(1) Despite anything to the contrary in this Part, an inspector must not\nenter or exercise search powers in relation to any part of a place\nused for residential purposes except in the following circumstances:\n(a) the occupier consents to the entry or search;\n(b) the place appears to have no current occupant;\n(c) the entry is authorised by a warrant;\n(d) the entry is necessary in an emergency.\n(2) An inspector seeking an occupier's consent to enter a place must:\n(a) show the inspector's identity card to the occupier; and\n(b) give the occupier the reasons why the entry is sought; and\n(c) inform the occupier that the occupier may refuse to give\nconsent.\n(3) An inspector is not entitled to remain in the place if the inspector\ndoes not show the identity card to an occupier of the place.\n","sortOrder":245},{"sectionNumber":"244","sectionType":"section","heading":"Powers of inspector","content":"244 Powers of inspector\n(1) An inspector may, during an inspection of a place or for a purpose\nin relation to compliance with or enforcement of this Act, exercise\nany of the following powers:\n(a) examine, make an inventory of and take samples of any thing\nat the place or belonging to or in the possession of a licensee\nthat the inspector believes on reasonable grounds to be\nrelated to racing or wagering;\n\nRacing and Wagering Act 2024 114\n(b) inspect any book, document or other record at the place or\nbelonging to or in the possession of a licensee;\n(c) remove any book, document or record at the place or\nbelonging to or in the possession of a licensee for the purpose\nof having copies made;\n(d) seize and remove any thing that the inspector believes on\nreasonable grounds to be evidence of an offence against this\nAct;\n(e) direct a licensee or any person at the place to remain for a\nreasonable period specified by the inspector;\n(f) direct a licensee or any person at the place to answer\nquestions;\n(g) direct a licensee or any person at the place to produce a\ndocument or thing under the licensee's or person's control;\n(h) direct a licensee or any person at the place to give any other\nreasonable assistance the inspector requires to carry out the\ninspection.\n(2) To avoid doubt, the powers in subsection (1) may be exercised in\nrelation to a licensee without the inspector entering a place referred\nto in section 242(1).\n(3) A licensee or person given a reasonable request under\nsubsection (1) must immediately comply with that request.\n(4) An inspector may retain a book, document or record removed or\nproduced under subsection (1) for as long as reasonably necessary\nto make copies of the book, document or record.\n(5) An inspector may exercise the powers under this section with the\nreasonable assistance and force that the inspector considers\nnecessary.\n(6) Any thing seized under this section is to be dealt with in accordance\nwith Division 2.\n","sortOrder":246},{"sectionNumber":"245","sectionType":"section","heading":"Assistance","content":"245 Assistance\n(1) An inspector may, while exercising a power or performing a\nfunction, be accompanied and assisted by a person authorised by\nthe Director.\n\nRacing and Wagering Act 2024 115\n(2) A person assisting an inspector under subsection (1) may exercise\nthe powers of an inspector that are reasonably necessary for that\npurpose.\n(3) When exercising a power or performing a function under\nsubsection (1), the person assisting the inspector must provide their\nname and purpose to any person who questions their right to\nexercise the power or perform the function.\n","sortOrder":247},{"sectionNumber":"246","sectionType":"section","heading":"Personal electronic devices","content":"246 Personal electronic devices\nNothing in this Act authorises or permits an inspector to:\n(a) inspect or seize a personal electronic device without a search\nwarrant; or\n(b) require a person to answer questions or provide information in\nrelation to any such device.\n","sortOrder":248},{"sectionNumber":"247","sectionType":"section","heading":"Power to seize evidence","content":"247 Power to seize evidence\n(1) At a place being inspected or searched under this Act, an inspector\nmay seize any thing at the place if the inspector believes on\nreasonable grounds that:\n(a) the thing is evidence of an offence against this Act; and\n(b) its seizure is necessary to prevent the thing being hidden, lost\nor destroyed or used to continue or repeat an offence against\n(2) To avoid doubt, an inspector who enters a place with a search\nwarrant may seize anything authorised by the warrant.\n","sortOrder":249},{"sectionNumber":"248","sectionType":"section","heading":"Receipt for seized things","content":"248 Receipt for seized things\n(1) Subject to this section, as soon as practicable after an inspector\nseizes a thing, the inspector must give a receipt for it to the person\nfrom whom it was seized.\n(2) If it is not reasonably practicable to comply with subsection (1), the\ninspector must leave the receipt in a conspicuous and reasonably\nsecure position at the place of seizure.\n(3) The receipt must include the following information:\n(a) a general description of each thing seized and its condition;\n\nRacing and Wagering Act 2024 116\n(b) the date of seizure;\n(c) the name and identity number of the inspector;\n(d) the identity and position of the person from whom the thing\nwas seized;\n(e) the place where the seizure was made.\n(4) No receipt is required to be given if it is impracticable or would be\nunreasonable to give the receipt because of the thing's nature,\ncondition or value.\n","sortOrder":250},{"sectionNumber":"249","sectionType":"section","heading":"Powers related to seizures","content":"249 Powers related to seizures\n(1) An inspector may do any of the following:\n(a) move a seized thing from the place of seizure;\n(b) take reasonable steps to restrict access to a seized thing at\nthe place of seizure;\n(c) dismantle, or cause to be dismantled, any seized equipment;\n(d) require the person in control of a seized thing:\n(i) to take it to a reasonable place by a reasonable time;\nand\n(ii) to remain in control of it at the place for a reasonable\nExamples for subsection (1)(b)\n1 Sealing a thing and marking it to show access to it is restricted.\n2 Sealing the entrance to a room where the seized thing is situated and\nmarking it to show access to it is restricted.\n(2) A requirement imposed on a person under this section must be:\n(a) made by written notice; or\n(b) if it is not practicable to give it in writing – made orally and\nconfirmed by written notice as soon as practicable.\n(3) A person who is required to do something by an inspector under\nthis section must comply with the inspector's requirements.\n\nRacing and Wagering Act 2024 117\n","sortOrder":251},{"sectionNumber":"250","sectionType":"section","heading":"Offences related to seized things","content":"250 Offences related to seized things\n(a) is in control of a seized thing; and\n(b) is required by an inspector to do something under\nsection 249(1)(d); and\n(c) fails to comply with the inspector's requirements.\n(a) an inspector restricts access to a seized thing; and\n(b) the person intentionally tampers or interferes with:\n(i) the thing; or\n(ii) something restricting access to the thing; and\n(c) the person does not have an inspector's approval to engage in\nthat conduct.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(4) Strict liability applies to subsection (3)(a) and (c).\n(5) A person commits an offence if:\n(a) the person intentionally tampers or interferes with a thing; and\n(b) that conduct obstructs an analysis of the thing under this Act.\nMaximum penalty: 100 penalty units or imprisonment for\n6 months.\n(6) Strict liability applies to subsection (5)(b).\n","sortOrder":252},{"sectionNumber":"251","sectionType":"section","heading":"Analysis","content":"251 Analysis\n(1) The Director may arrange for the analysis of a thing or sample\ntaken by an inspector under this Part.\n(2) The analysis must be conducted in accordance with any method of\nanalysis prescribed by regulation.\n\nRacing and Wagering Act 2024 118\n(3) The Director must obtain a certificate or report stating the result of\nthe analysis.\n(4) A person must not tamper or interfere with a thing to obstruct its\nanalysis under this Part.\n","sortOrder":253},{"sectionNumber":"252","sectionType":"section","heading":"Return of seized things","content":"252 Return of seized things\n(1) The Director must, on request, return a seized thing to the owner or\nperson entitled to possess it, unless:\n(a) the Director has reasonable grounds to retain the thing; or\n(b) the thing is required as evidence; or\n(c) the thing is forfeited to the Territory.\n(2) If a seized thing is not returned on request, the Director must give a\ndecision notice to the owner or person entitled to possess the\nseized thing.\n","sortOrder":254},{"sectionNumber":"253","sectionType":"section","heading":"Forfeiture of seized things","content":"253 Forfeiture of seized things\n(1) A seized thing is forfeited to the Territory if the Director:\n(a) cannot find the owner or person entitled to possess it, after\nmaking reasonable inquiries; or\n(b) cannot return it to the owner or person entitled to possess it,\nafter making reasonable efforts; or\n(c) believes on reasonable grounds that forfeiture is necessary to\nprevent the thing from being used to commit an offence\nagainst this Act.\n(2) The Director must give a decision notice of any forfeiture under\nsubsection (1)(c) to the owner or person entitled to possess the\nthing, unless:\n(a) the Director cannot find the person, after making reasonable\ninquiries; or\n(b) it is impracticable or would be unreasonable to give the notice.\n(3) In deciding what is reasonable under this section, regard must be\nhad to a thing's nature, condition and value.\n(4) Any costs reasonably incurred by the Territory in storing or\ndisposing of a thing forfeited under subsection (1)(c) may be\nrecovered from the owner of the thing as a debt due and payable to\nthe Territory.\n\nRacing and Wagering Act 2024 119\n","sortOrder":255},{"sectionNumber":"254","sectionType":"section","heading":"Access to seized things","content":"254 Access to seized things\n(1) Until a seized thing is forfeited or returned, the Director must permit\nthe following persons to inspect it and, in the case of a document,\nto make copies of it at all reasonable times:\n(a) the person from whom the thing was seized;\n(b) the owner of the thing;\n(c) a person entitled to possess the thing;\n(d) a person authorised by a person referred to in paragraphs (a)\nto (c).\n(2) The Director is not required to permit inspection or copying under\nsubsection (1) if it is impracticable or unreasonable.\n","sortOrder":256},{"sectionNumber":"255","sectionType":"section","heading":"Direction for immediate suspension","content":"255 Direction for immediate suspension\n(1) The Commission may issue a direction to a licensee to immediately\nsuspend the licence if the Commission believes on reasonable\ngrounds that there is a significant risk to the public interest.\n(2) The direction must:\n(a) state that the licence is suspended on the giving of the notice;\nand\n(b) state the grounds for the immediate suspension; and\n(c) summarise the possible disciplinary action that may be taken\nagainst the licensee; and\n(d) summarise the procedure for taking disciplinary action.\n(3) The suspension takes effect immediately on the giving of the\ndirection to the licensee.\n(4) A licence may be suspended under this section, regardless of\nwhether disciplinary action is commenced against the licensee.\n(5) The Commission may conduct a disciplinary hearing in relation to\nthe immediate suspension in accordance with Part 8, Division 4 if\nthere are grounds to do so, regardless of whether the licensee\napplies to NTCAT for a review of the suspension.\n\nRacing and Wagering Act 2024 120\n","sortOrder":257},{"sectionNumber":"256","sectionType":"section","heading":"Enforceable undertaking","content":"256 Enforceable undertaking\n(1) An undertaking under this Division is an enforceable promise given\nby a person who is alleged to have contravened this Act, in\nexchange for the stay of any prosecution or any disciplinary action\nin respect of the contravention, to do one or more of the following:\n(a) to undertake one or more specified actions for the general\nimprovement of the racing or wagering industry, within the\nperiod specified in the undertaking;\n(b) to notify a person or a class of persons or the general public,\nas specified in the undertaking, of the contravention and its\nconsequences;\n(c) to not commit, during the period specified in the undertaking,\nany offence against this Act;\n(d) to do or refrain from doing any action related to racing or\nwagering specified in the undertaking;\n(e) to pay the reasonable costs of the Director or the Commission\nrelated to the alleged contravention, the undertaking and\nensuring future compliance by the person;\n(f) any related matters.\n(2) An undertaking may contain any terms and conditions that the\nCommission considers necessary to promote the purposes of this\nAct or to ensure compliance with this Act.\n(3) An undertaking must include time limits for the performance of any\nobligations and a method to monitor compliance with the\nundertaking.\n(4) The process of negotiating an undertaking is without prejudice to\nany party's position.\n","sortOrder":258},{"sectionNumber":"257","sectionType":"section","heading":"Acceptance of undertaking","content":"257 Acceptance of undertaking\n(1) The Commission may accept an undertaking for an alleged\ncontravention after a prosecution for the alleged contravention has\ncommenced.\n(2) The following criteria must be considered before an undertaking is\naccepted:\n(a) the nature and gravity of the conduct;\n\nRacing and Wagering Act 2024 121\n(b) the maximum penalty provided for the alleged contravention;\n(c) the benefits of the proposed undertaking and the public\ninterest;\n(d) the interests of justice;\n(e) any other factor that the Commission considers relevant.\nSection 42 allows the Commission to make guidelines about accepting\nundertakings.\n(3) An undertaking must not be accepted unless it provides benefits for\nthe racing or wagering industry and the community.\n(4) The Commission must give written notice to the person offering an\nundertaking, whether or not the person's undertaking is accepted.\n(5) A decision by the Commission to not accept an undertaking is not\nsubject to review by NTCAT.\n","sortOrder":259},{"sectionNumber":"258","sectionType":"section","heading":"Effect on prosecution and disciplinary action","content":"258 Effect on prosecution and disciplinary action\n(1) Subject to this section, no prosecution or disciplinary action for an\nalleged contravention of this Act may be commenced or continued\nagainst a person if an undertaking in relation to the contravention:\n(a) is in effect; or\n(b) is completely discharged.\n(2) The giving of an undertaking does not constitute an admission of\nguilt by the person giving it in relation to the alleged contravention\nor offence.\n(3) After accepting an undertaking from a person, the Commission\nmust take reasonable steps to have any prosecution or disciplinary\naction against the person discontinued as soon as possible.\n(4) A prosecution and disciplinary action may be instituted or resumed\nagainst a person who gave an undertaking in respect of the alleged\ncontravention or offence if the undertaking is not complied with.\n(5) The Commission must give a written notice to the person who gave\nthe undertaking stating whether the undertaking was or was not\ncomplied with.\n\nRacing and Wagering Act 2024 122\n","sortOrder":260},{"sectionNumber":"259","sectionType":"section","heading":"Undertaking is enforceable","content":"259 Undertaking is enforceable\nAn undertaking takes effect and becomes enforceable on the later\nof the following:\n(a) when the person giving the undertaking is notified of its\nacceptance by the Commission;\n(b) any later day specified in the undertaking.\n","sortOrder":261},{"sectionNumber":"260","sectionType":"section","heading":"Variation or withdrawal of undertaking","content":"260 Variation or withdrawal of undertaking\n(1) A person who gave an undertaking may, at any time, with the\nwritten consent of the Commission, vary or withdraw the\nundertaking.\n(2) The provisions of an undertaking relating to an alleged\ncontravention must not be varied to provide for a different\ncontravention.\n","sortOrder":262},{"sectionNumber":"261","sectionType":"section","heading":"Order regarding contravention of undertaking","content":"261 Order regarding contravention of undertaking\n(1) The Commission may apply to the Local Court for an order under\nthis section if a person contravenes an undertaking.\n(2) If satisfied that a person contravened an undertaking, the Local\nCourt may make one or more of the following orders:\n(a) an order directing the person to comply with the undertaking;\n(b) an order discharging the undertaking;\n(c) an order directing the person to pay to the Territory the costs\nof the proceedings;\n(d) an order directing the person to pay to the Territory the\nreasonable costs of the Commission monitoring compliance\nwith this Act in the future;\n(e) any other order the Local Court considers appropriate in the\ncircumstances.\n(3) Nothing in this section prevents the prosecution of the alleged\ncontravention or offence that was the subject of the undertaking.\n","sortOrder":263},{"sectionNumber":"262","sectionType":"section","heading":"Publication of undertaking","content":"262 Publication of undertaking\nAny undertaking accepted by the Commission must be published\nby the Commission.\n\nRacing and Wagering Act 2024 123\n","sortOrder":264},{"sectionNumber":"263","sectionType":"section","heading":"Conduct inquiries","content":"263 Conduct inquiries\nThe Director, on behalf of the Commission, may make any inquiries\nor conduct any investigations the Director or the Commission\nconsider necessary for the purpose of the Director or the\nCommission exercising their powers or performing their functions\nunder this Act.\n","sortOrder":265},{"sectionNumber":"264","sectionType":"section","heading":"Other powers to detect non-compliance","content":"264 Other powers to detect non-compliance\n(1) For the purpose of investigating what an inspector believes on\nreasonable grounds is a licensee's non-compliance with this Act,\nthe inspector may make a wager, attempt to make a wager, offer to\npurchase or purchase a racing or wagering product or service from\na licensee contrary to the licensee's licence.\n(2) An inspector need not identify themself as an inspector when acting\nunder subsection (1) but must not do anything additional to\nencourage a licensee to accept the offer or to sell the product or\nservice.\n(3) Evidence obtained under subsection (1) is not admissible in a\ncriminal prosecution against a person who accepted a wager or\noffered to sell or sold the product or service as a result of an\ninspector exercising powers under that subsection.\n(4) Evidence obtained under subsection (1) may be used as follows:\n(a) as grounds for taking disciplinary action;\n(b) to locate or identify other evidence, which may be used in a\ncriminal proceeding.\n","sortOrder":266},{"sectionNumber":"265","sectionType":"section","heading":"Power to require information","content":"265 Power to require information\n(1) The Director or the Commission may, by written notice, require a\nperson to give the Director, the Commission or an inspector a\ndocument, information or thing if the Director or the Commission\nbelieves on reasonable grounds that:\n(a) the person has or is capable of giving the document,\ninformation or thing; and\n(b) the document, information or thing:\n(i) is relevant to a possible contravention of this Act; or\n\nRacing and Wagering Act 2024 124\n(ii) will assist the Director or the Commission monitor or\nenforce compliance with this Act.\n(2) The notice may also require the person to do one or more of the\nfollowing within a reasonable period specified in the notice:\n(a) to verify the document, information or thing by statutory\ndeclaration;\n(b) to appear before a person appointed by the Director or the\nCommission and answer questions about the document,\ninformation or thing.\n(3) The notice must:\n(a) state the belief on which the notice is being given under\nsubsection (1); and\n(b) specify the document, information or thing to be given; and\n(c) specify the time, place and manner of giving the document,\ninformation or thing; and\n(d) warn the person that a failure to comply with the requirement\nis an offence; and\n(e) inform the person about the effects of sections 297 and 298;\nand\n(f) inform the person that, if required to attend before another\nperson to give information, the person may attend with a legal\npractitioner.\nNote for subsection (3)(e)\nSee section 297 in relation to client legal privilege and section 298 in relation to\nself-incrimination.\n(4) A person to whom the notice is given must comply with the\nrequirements of the notice.\n","sortOrder":267},{"sectionNumber":"266","sectionType":"section","heading":"Offence of failing to give information","content":"266 Offence of failing to give information\n(a) is given a notice under section 265; and\n(b) has or is capable of giving the document, information or thing\nrequired by the notice; and\n\nRacing and Wagering Act 2024 125\n(c) fails to comply with a requirement of the notice.\nThe defendant has an evidential burden in relation to this defence, (see\n","sortOrder":268},{"sectionNumber":"267","sectionType":"section","heading":"Authority to prosecute","content":"267 Authority to prosecute\nThe Director may, on the request of the Commission, prosecute an\noffence against this Act.\n","sortOrder":269},{"sectionNumber":"268","sectionType":"section","heading":"Offence of licensee failing to comply with Commission's","content":"268 Offence of licensee failing to comply with Commission's\ndirection\n(a) is a licensee or an agent or employee of a licensee; and\n(b) is given a direction by the Commission under section 50(1),\n168(1), 182(2), 213(1), 214(1), 224(2)(b), 226(2)(d) or 255(1);\nand\n(c) fails to take all reasonable steps to ensure that the direction is\ncomplied with.\n(4) An inspector may, in writing to the Director, request an investigation\nunder section 225 against the licensee regarding conduct alleged\nunder this section.\n\nRacing and Wagering Act 2024 126\n","sortOrder":270},{"sectionNumber":"269","sectionType":"section","heading":"Offence to fail to comply with reasonable direction","content":"269 Offence to fail to comply with reasonable direction\n(1) A person commits an offence if the person fails to comply with a\nreasonable direction given to the person by an inspector under\nsection 244(1)(e), (f), (g) or (h).\n(3) A prosecution for an offence against subsection (1) must not be\ncommenced unless the inspector giving the requirement:\n(a) warned the person that failure to comply with the direction is\nan offence; and\n(b) gave the person an opportunity to comply with the direction.\n","sortOrder":271},{"sectionNumber":"270","sectionType":"section","heading":"Providing false information to inspector","content":"270 Providing false information to inspector\n(a) the person intentionally gives information to another person;\nand\n(b) the other person is an inspector; and\n(c) the information is false in a material particular and the person\nis reckless in relation to that circumstance; and\n(d) the inspector is acting in an official capacity and the person\nhas knowledge of that circumstance.\nacting in an official capacity, in relation to an inspector, means\nthe inspector is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\n","sortOrder":272},{"sectionNumber":"271","sectionType":"section","heading":"Obstruction of inspector","content":"271 Obstruction of inspector\n(a) the person intentionally obstructs another person; and\n(b) the other person is an inspector; and\n\nRacing and Wagering Act 2024 127\n(c) the inspector is acting in an official capacity and the person\nhas knowledge of that circumstance.\nacting in an official capacity, in relation to an inspector, means\nthe inspector is exercising powers or performing functions under, or\notherwise related to the administration of, this Act.\nobstruct includes hinder and resist.\n","sortOrder":273},{"sectionNumber":"272","sectionType":"section","heading":"Offence to disclose confidential information","content":"272 Offence to disclose confidential information\n(a) the person obtains information in the course of performing a\nfunction connected with the administration of this Act or\nexercising a power under this Act; and\n(b) the information is confidential and the person is reckless in\nrelation to that circumstance; and\n(c) the person intentionally engages in conduct; and\n(d) the conduct results in the disclosure of the information and the\ndisclosure is not authorised under subsection (3); and\n(e) the person is reckless in relation to the result and\ncircumstance referred to in paragraph (d).\nMaximum penalty: 200 penalty units or imprisonment for\n2 years.\n(2) Strict liability applies to subsection (1)(a).\n(3) For subsection (1)(d), disclosure of information is authorised if\ndisclosed:\n(a) for a purpose connected with the administration of this Act,\nincluding a legal proceeding arising out of the operation of this\nAct; or\n\nRacing and Wagering Act 2024 128\n(b) to the Auditor General appointed under the Audit Act 1995; or\n(c) to the Commissioner appointed under the Taxation\nAdministration Act 2007; or\n(d) to a person or body responsible for regulating wagering in\nanother jurisdiction with whom the Commission has an\narrangement for the sharing of information; or\n(e) for a purpose connected with the enforcement of the Criminal\nCode or a law of a State, another Territory or the\nCommonwealth related to misconduct in the racing or\nwagering industry; or\n(f) to a person who is otherwise entitled to the information.\n(4) If the information referred to in subsection (1) relates to a person, it\nis a defence to a prosecution for an offence against that\nsubsection if the person consented to the disclosure of the\ninformation.\nNote for section 272\nIn addition to the circumstances mentioned in this section, a person who\ndiscloses information mentioned in this section will not be criminally responsible\nfor an offence if the disclosure is justified or excused by or under a law (see\nsection 43BE of the Criminal Code).\n","sortOrder":274},{"sectionNumber":"273","sectionType":"section","heading":"Misleading information","content":"273 Misleading information\n(a) the person intentionally gives a document or other information\nto another person; and\n(b) the other person is the Director, the Commission or an\ninspector; and\n(c) the document or information is misleading and the person has\nknowledge of that circumstance; and\n(d) the Director, the Commission or an inspector is acting in an\nofficial capacity and the person has knowledge of that\ncircumstance.\nMaximum penalty: 200 penalty units.\n\nRacing and Wagering Act 2024 129\nsubsection (1) if the defendant, when giving the document or\ninformation:\n(a) draws the misleading aspect of the document or information to\nthe other person's attention; and\n(b) to the extent to which the defendant can reasonably do so –\ngives the other person the information necessary to remedy\nthe misleading aspect of the information or document.\n(4) In this section:\nacting in an official capacity, in relation to the Director, the\nCommission or an inspector, means the person is exercising\npowers or performing functions under, or otherwise related to the\nadministration of, this Act.\n","sortOrder":275},{"sectionNumber":"274","sectionType":"section","heading":"Falsely representing to be inspector","content":"274 Falsely representing to be inspector\nA person commits an offence if the person:\n(a) intentionally represents, by words or conduct, that the person\nor another person is an inspector; and\n(b) knows the representation is false.\n","sortOrder":276},{"sectionNumber":"275","sectionType":"section","heading":"Offences about misrepresentation of identity","content":"275 Offences about misrepresentation of identity\n(1) A person must not misrepresent the person's identity for the\npurpose of making a wager.\n(2) A person commits an offence if the person:\n(a) intentionally makes a wager; and\n(b) intentionally misrepresents the person's identity to a licensee\nor the licensee's employee at the time of purchase.\n(a) the person intentionally presents a document or information to\nmake a wager; and\n\nRacing and Wagering Act 2024 130\n(b) the document or information could reasonably be taken to be\na form of identification of the person and the person has\nknowledge of that circumstance; and\n(c) the document or information is fictitious or false in respect of\nthe person's identity or relates to another person's identity and\nthe person has knowledge of that circumstance.\n(4) A person commits an offence if:\n(a) the person intentionally provides a form of the person's\nidentification to another person; and\n(b) the other person uses the identification to misrepresent the\nother person's identity to make a wager; and\n(c) the person is reckless in relation to the circumstance in\nparagraph (b).\n(5) Strict liability applies to subsection (4)(b).\n","sortOrder":277},{"sectionNumber":"276","sectionType":"section","heading":"Prohibitions relating to children","content":"276 Prohibitions relating to children\n(1) A child is prohibited from wagering.\n(2) A child is prohibited from being employed in the operations under a\nlicence.\n(3) Despite subsection (2), the Commission may, by written notice, give\npermission to a licensee to employ a child undergoing employment\ntraining.\n(4) The Commission may give the permission generally on its own\ninitiative or on application by a licensee.\n","sortOrder":278},{"sectionNumber":"277","sectionType":"section","heading":"Wagering with children","content":"277 Wagering with children\n(b) the person intentionally conducts wagering with another\nperson; and\n\nRacing and Wagering Act 2024 131\n(c) the other person is:\n(i) a child; or\n(ii) acting on behalf of a third person who is a child.\nsubsection (1) if the defendant believed on reasonable grounds that\nthe person was at least 18 years of age.\n","sortOrder":279},{"sectionNumber":"278","sectionType":"section","heading":"Employing children","content":"278 Employing children\n(b) the person employs a child in the operations under a licence;\nand\n(c) the person does not have permission from the Commission\nunder subsection 276(3).\nMaximum penalty: 250 penalty units.\n","sortOrder":280},{"sectionNumber":"279","sectionType":"section","heading":"Child's misrepresentation of age","content":"279 Child's misrepresentation of age\nA person commits an offence if:\n(a) the person intentionally provides a form of the person's\nidentification to a child; and\n(b) the child intends to use the identification to misrepresent the\nchild's identity or age to make a wager; and\n\nRacing and Wagering Act 2024 132\n(c) the person is reckless in relation to the circumstance in\nparagraph (b).\n","sortOrder":281},{"sectionNumber":"280","sectionType":"section","heading":"Contempt","content":"280 Contempt\nA person commits an offence if:\n(b) the conduct constitutes contempt of the Commission, the\nTribunal or a panel of the Tribunal and the person is reckless\nin relation to that circumstance.\n","sortOrder":282},{"sectionNumber":"281","sectionType":"section","heading":"Failure to comply with summons","content":"281 Failure to comply with summons\n(a) is given a summons under this Act; and\n(b) fails to comply with the summons.\n\nRacing and Wagering Act 2024 133\n","sortOrder":283},{"sectionNumber":"282","sectionType":"section","heading":"Criminal responsibility of individual for employee or agent","content":"282 Criminal responsibility of individual for employee or agent\n(1) A physical element of an offence committed by an employee or\nagent of an individual must also be attributed to the individual if the\nemployee or agent was acting within:\n(a) the actual or apparent scope of the employee's or agent's\nemployment; or\n(b) the employee's or agent's actual or apparent authority.\n(2) If intention, knowledge or recklessness is a fault element in relation\nto a physical element of an offence committed by an employee or\nagent of an individual, that fault element must be attributed to the\nindividual if the individual expressly, tacitly or impliedly authorised\nor permitted the commission of the offence.\nNote for section 282\nPart IIAA, Division 5, of the Criminal Code provides for the criminal responsibility\nof a body corporate for its employees and agents.\n","sortOrder":284},{"sectionNumber":"283","sectionType":"section","heading":"Criminal responsibility of executive officer of body corporate","content":"283 Criminal responsibility of executive officer of body corporate\n(1) An executive officer of a body corporate is criminally responsible for\nan offence against this Act committed by the body corporate.\n(2) It is a defence to a prosecution for an offence under subsection (1)\nif the defendant establishes that the defendant:\n(a) was not in a position to influence the conduct of the body\ncorporate in relation to the commission of the offence; or\n(b) took reasonable steps to prevent the commission of the\noffence; or\n(c) did not know, and could not reasonably have been expected\nto know, that the offence would be committed.\n(3) The defendant has a legal burden of proof in relation to a matter\nreferred to in subsection (2).\n\nRacing and Wagering Act 2024 134\n(4) In deciding whether the defendant took reasonable steps to prevent\nthe commission of the offence, a court of competent jurisdiction\nmust consider the following to the extent relevant:\n(a) any action the defendant took towards ensuring that:\n(i) the body corporate arranged regular professional\nassessments of the body corporate's compliance with\nthe Act; or\n(ii) the body corporate implemented any appropriate\nrecommendation arising from an assessment referred to\nin subparagraph (i); or\n(iii) the body corporate's employees and agents had\nreasonable knowledge and understanding of the\nrequirement to comply with the provision to which the\noffence relates;\n(b) any action the defendant took after the defendant became\naware that the offence could be, or was about to be,\ncommitted.\n(5) Subsection (4) does not limit the matters the court may consider.\n(6) This section does not affect the liability of the body corporate.\n(7) This section applies to an executive officer whether or not the body\ncorporate is prosecuted for, or found guilty of, the offence for which\nthe executive officer is prosecuted.\n(8) Without limiting any other defence available to the executive officer,\nan executive officer may rely on a defence that would be available\nto the body corporate if it were prosecuted for the offence for which\nthe executive officer is prosecuted and, in so doing, the executive\nofficer bears the same burden of proof that the body corporate\nwould bear.\n(9) In this section:\nexecutive officer, of a body corporate, means a director or other\nperson who is concerned with, or takes part in, the management of\nthe body corporate.\n","sortOrder":285},{"sectionNumber":"284","sectionType":"section","heading":"Multiple contraventions","content":"284 Multiple contraventions\nTwo or more contraventions against this Act by a person that arise\nout of the same factual circumstances may be charged as a single\noffence or as separate offences.\n\nRacing and Wagering Act 2024 135\n","sortOrder":286},{"sectionNumber":"285","sectionType":"section","heading":"Continuing offences","content":"285 Continuing offences\nA court that finds a person guilty of an offence against this Act may,\nin addition to any penalty imposed for the offence, impose a penalty\nnot exceeding 10% of the maximum penalty units applicable to the\noffence for each day the offence continues after the first day the\noffence is committed.\n","sortOrder":287},{"sectionNumber":"286","sectionType":"section","heading":"Hearsay evidence","content":"286 Hearsay evidence\n(1) A statement heard by an inspector while executing a lawful search\nunder this Act is admissible in evidence in a prosecution for an\noffence against this Act as to the truth of the contents of the\nstatement.\n(2) In estimating the weight, if any, to be attached to the statement, the\ntrier of fact must consider all the circumstances from which an\ninference can reasonably be drawn as to the accuracy or truth of\nthe statement including, where applicable:\n(a) if there is evidence of greater weight reasonably available to\nbe tendered that is not tendered; or\n(b) the presence or absence of any incentive for any person\nconcerned in making the statement, or dealing with the\nstatement, to conceal or misrepresent any relevant matter in\nthe statement.\n","sortOrder":288},{"sectionNumber":"287","sectionType":"section","heading":"Averments in complaint","content":"287 Averments in complaint\nIn a proceeding for an offence against this Act, an averment may be\nmade in a complaint or information as evidence in respect of the\nfollowing physical elements of the offence:\n(a) that a specified person was or was not, at a specified time,\nlicensed or registered;\n(b) that a licence or person was or was not, at a specified time,\nsubject to a specified condition;\n(c) that a specified place was or was not, at a specified time,\nlicensed or registered;\n(d) that a specified transaction is or is not a wager.\n\nRacing and Wagering Act 2024 136\n","sortOrder":289},{"sectionNumber":"288","sectionType":"section","heading":"Evidentiary certificate","content":"288 Evidentiary certificate\nA certificate purporting to be signed by the Director or the Chair of\nthe Commission specifying that a specified person was or was not\nlicensed or registered or an inspector at a specified time is\nevidence of the matter specified in the certificate.\n","sortOrder":290},{"sectionNumber":"289","sectionType":"section","heading":"Possession of acknowledgement of wager","content":"289 Possession of acknowledgement of wager\n(1) The existence of anything that may reasonably be construed as an\nacknowledgement of a wager is evidence of the existence of a\nwager and an undertaking to pay a sum of money to the holder of\nthe thing on the happening or performance of an event or\ncontingency.\n(2) A person in possession of a thing construed as an\nacknowledgement of a wager is presumed to be the holder of it.\n(3) It is not necessary to prove that the wager being acknowledged\nrelates to any particular event or contingency.\n","sortOrder":291},{"sectionNumber":"290","sectionType":"section","heading":"Evidence that place used for wagering contrary to Act","content":"290 Evidence that place used for wagering contrary to Act\nEvidence supporting an inspector's belief that a place is being, or\nwas, used for wagering contrary to this Act is evidence that the\nplace is used for wagering and that a person found at the place is\nengaged in wagering contrary to this Act if:\n(a) the inspector is prevented from, or was obstructed or delayed\nin, entering the place; or\n(b) the place is fitted or provided with:\n(i) an apparatus for the purpose of giving a warning of the\nentry of any person; or\n(ii) a contrivance or means for concealing, removing or\ndestroying evidence of a wagering.\n","sortOrder":292},{"sectionNumber":"291","sectionType":"section","heading":"Notices at place","content":"291 Notices at place\nEvidence that a document containing a notice relating to wagering\nwas exhibited at a place is evidence that the document was\nexhibited by or with the permission of the owner or occupier of the\nplace.\n\nRacing and Wagering Act 2024 137\n","sortOrder":293},{"sectionNumber":"292","sectionType":"section","heading":"Person present at place of wagering","content":"292 Person present at place of wagering\nEvidence that a person was present at a place where wagering is\nbeing conducted, or was conducted, contrary to this Act is evidence\nthat the person was present for the purpose of:\n(a) wagering contrary to this Act; or\n(b) taking part in the organisation or management of wagering\ncontrary to this Act; or\n(c) operating or using any thing used in connection with wagering\n","sortOrder":294},{"sectionNumber":"293","sectionType":"section","heading":"Evidence of wagering contrary to Act","content":"293 Evidence of wagering contrary to Act\n(1) Evidence of the following is evidence that a person is engaged in\nwagering contrary to this Act:\n(a) that the person offered, directly or indirectly, to conduct\nwagering or to lay odds contrary to this Act;\n(b) that the person issued, or was party to the issue of, a\ndocument or thing indicating or purporting to indicate, in any\nmanner, where or with whom or at what odds a wager may be\nmade contrary to this Act.\n(2) A document or thing designed, adapted or intended for use, or\nused, for the purposes of wagering found at a place, is evidence\nthat:\n(a) the owner and the occupier of the place are using or allowing\nthe place to be used for wagering; and\n(b) the owner and the occupier of the place are carrying on the\nbusiness of wagering; and\n(c) a person found on the place is engaged in wagering.\n(3) In a proceeding against a person for an offence against this Act, it\nis not necessary for the prosecution to prove that a wager was\nmade in the presence of an inspector.\n(4) Evidence of the following is evidence that a person is carrying on\nthe business of wagering:\n(a) that the person engaged in the conduct specified in section 9;\n(b) that the person, directly or indirectly, offered to lay odds;\n\nRacing and Wagering Act 2024 138\n(c) that the person issued a document indicating or purporting to\nindicate, in any manner, where or with whom or at what odds\na wager may be made.\n","sortOrder":295},{"sectionNumber":"294","sectionType":"section","heading":"Evidence of receipt of money","content":"294 Evidence of receipt of money\nIn a proceeding for an offence against this Act, evidence that a\nperson received money for the purpose alleged in the complaint or\ninformation is evidence that the money:\n(a) was invited or solicited by the person; and\n(b) was received by the person for fee, commission, reward,\nshare or interest.\n","sortOrder":296},{"sectionNumber":"295","sectionType":"section","heading":"Procuring wagers","content":"295 Procuring wagers\nEvidence of the following is evidence that a person is assisting in\nthe management of a place used for wagering contrary to this Act:\n(a) that the person knowingly took part in procuring the assembly\nof persons for the purpose of wagering contrary to this Act;\n(b) that the person issued, received or recorded money or tokens\nused in wagering or cheques given or credit provided in\nrespect of the money or tokens or in respect of sums won or\nlost contrary to this Act;\n(c) that the person supervised or conducted wagering contrary to\n","sortOrder":297},{"sectionNumber":"296","sectionType":"section","heading":"Evidence of giving, receiving or paying money or other","content":"296 Evidence of giving, receiving or paying money or other\nvaluable thing\nThe giving, receiving or paying of money or other valuable thing is\nevidence of the commission of an offence against this Act by a\ndefendant if the court is satisfied that:\n(a) the money or other valuable thing is given to or received or\npaid by the defendant or a person on behalf of the defendant;\nand\n(b) the circumstances in which the money or other valuable thing\nis given, received or paid raise a reasonable suspicion that the\nmoney or thing was given, received, or paid contrary to this\nAct.\n\nRacing and Wagering Act 2024 139\n","sortOrder":298},{"sectionNumber":"297","sectionType":"section","heading":"Client legal privilege","content":"297 Client legal privilege\nNothing in this Act requires a person to produce a document that\nwould disclose information, or otherwise provide information, that is\nthe subject of client legal privilege.\n","sortOrder":299},{"sectionNumber":"298","sectionType":"section","heading":"Self-incrimination","content":"298 Self-incrimination\n(1) A person required to answer a question, give information or\nproduce a document under this Act is not excused from doing so on\nthe ground that the answer, information or document might tend to\nincriminate the person or make the person liable to a penalty.\n(2) Despite subsection (1), any answer, information or document given\nis not admissible in evidence against the person in a civil or criminal\nproceeding except a proceeding for an offence in which the falsity\nor misleading nature of the answer, information or document is\nrelevant.\n","sortOrder":300},{"sectionNumber":"299","sectionType":"section","heading":"Protection from liability","content":"299 Protection from liability\n(1) A person is not civilly liable for an act done or omitted to be done\nby the person in good faith in the exercise of a power or\nperformance of a function as any of the following:\n(a) a member or employee of the Commission;\n(b) the Director;\n(c) a member of the Tribunal;\n(d) an inspector and a person assisting an inspector under\nsection 245.\n(2) Subsection (1) does not affect any liability the Territory, the\nCommission or the Tribunal would, apart from that subsection, have\nfor the act or omission.\nexercise of a power includes the purported exercise of the power.\nperformance of a function includes the purported performance of\nthe function.\n\nRacing and Wagering Act 2024 140\n","sortOrder":301},{"sectionNumber":"300","sectionType":"section","heading":"Limitation periods","content":"300 Limitation periods\nThe prosecution of an offence against this Act may not be brought\nafter 2 years after the day the conduct alleged to constitute the\noffence occurred.\n","sortOrder":302},{"sectionNumber":"301","sectionType":"section","heading":"Protection of witnesses","content":"301 Protection of witnesses\n(1) A court hearing criminal proceedings under this Act may, on the\napplication of the Attorney-General, make an order or give\ndirections under subsection (2) if expedient in the interests of the\nsafety of the accused, a witness or any other person.\n(2) In addition to, and not in derogation of, any other powers of the\ncourt, the court may:\n(a) order that the whole or a part of the proceedings before it take\nplace in a closed court; or\n(b) give directions that throughout or during any part of the\nproceedings a person or persons or class of persons, be\nexcluded; or\n(c) give directions prohibiting or restricting the disclosure of\ninformation with respect to the proceedings; or\n(d) order that no report of the whole or a specified part of, or\nrelating to, the proceedings must be published; or\n(e) make any order and give any directions it thinks necessary for\nensuring that no person, without the approval of the court, has\naccess to any indictment, affidavit, exhibit or other document\nused in the proceedings or to the records of the court relating\nto the proceedings.\n","sortOrder":303},{"sectionNumber":"302","sectionType":"section","heading":"Codes, guidelines and rules not required to be numbered","content":"302 Codes, guidelines and rules not required to be numbered\nSection 57 of the Interpretation Act 1978 does not apply to the\n(a) racing rules established or adopted by a race control body\nunder section 51;\n\nRacing and Wagering Act 2024 141\n(b) codes of practice, guidelines or rules established, made,\nissued or adopted under section 13, 42, 88(2), 163(4) or\n166(1);\n(c) rules made or issued by the Tribunal or Commission under\nsection 92(2)(b) or 236(3).\n","sortOrder":304},{"sectionNumber":"303","sectionType":"section","heading":"Regulations","content":"303 Regulations\n(1) The Administrator may make regulations under this Act.\nSee section 65 of the Interpretation Act 1978.\n(2) A regulation may provide for the following:\n(a) the powers and duties of the Director, the Commission and\ninspectors;\n(b) matters about licences and registrations, including the\n(i) classes of licences and registrations;\n(ii) the terms of licences and registrations;\n(iii) conditions imposed on licences and registrations;\n(iv) qualifications and requirements for eligibility for licences\nor registration;\n(c) the regulation and control of advertising in relation to activities\nunder this Act;\n(d) the regulation and control of racecourses, including the fixing\nof prices of admission to racecourses or a specified part of\nthem and the standards of accommodation and essential\nservices to be provided at, in or on racecourses;\n(e) the adjudication and settlement of complaints in connection\nwith activities under this Act and reviews and appeals of\nmatters under this Act;\n(f) the amounts to be returned to customers if a runner is\nwithdrawn from a race;\n(g) the realisation of securities given by a licensee;\n\nRacing and Wagering Act 2024 142\n(h) the control and regulation of the rules of racing and\ncompliance with those rules;\n(i) the regulation and supervision of the activities of licensees;\n(j) wagering control systems;\n(k) disciplinary action;\n(l) fees payable under this Act and the recovery of costs incurred\nunder this Act;\n(m) taxes and levies payable under this Act;\n(n) matters of an administrative nature.\n(3) The regulations may:\n(a) provide for an offence against a regulation to be an offence of\nstrict or absolute liability; and\n(b) for an offence against a regulation – prescribe a fine not\nexceeding 200 penalty units, other than an offence of strict\nliability or absolute liability; and\n(c) for an offence against a regulation – prescribe a fine not\nexceeding 100 penalty units that is an offence of strict liability\nor absolute liability; and\n(d) provide for the enforcement of a code of practice, including by\nproviding that a contravention of the code is an offence\nagainst a regulation; and\n(e) apply, adopt or incorporate, with or without changes, the\nwhole or part of a document as in force or existing at a\nparticular time or from time to time.\n","sortOrder":305},{"sectionNumber":"304","sectionType":"section","heading":"Review of Act","content":"304 Review of Act\n(1) The Minister must review this Act to determine whether the policy\nobjectives of the Act remain valid and whether the provisions of this\nAct remain appropriate for securing those objectives.\n(2) The review must be completed within 3 years after the date of\ncommencement of this Act.\n\nRacing and Wagering Act 2024 143\n(3) A report on the outcome of the review is to be tabled in the\nLegislative Assembly within 12 months after the review is\ncompleted.\nPart 13 Repeal and transitional matters for the Racing\nand Wagering Act 2024\nDivision 1 Repeals\n305 Acts repealed\nThe Acts specified in the Schedule are repealed.\n306 Definitions\nIn this Division:\ncommencement means the commencement of section 305.\nrepealed Act means the Racing and Betting Act 1983 as in force\nimmediately before the commencement.\n","sortOrder":306},{"sectionNumber":"307","sectionType":"section","heading":"Licences","content":"307 Licences\n(1) A licence issued under the repealed Act that is valid immediately\nbefore the commencement continues in effect on the\ncommencement as a licence under this Act.\n(2) A sports bookmaker licence granted under section 89A of the\nrepealed Act that is valid immediately before the commencement is:\n(a) not subject to the powers and functions of the Commission\nafter the commencement; and\n(b) continues to be subject to the powers and functions of the\nDirector of Totalisator Licensing and Regulation appointed\nunder section 5 of the Totalisator Licensing and Regulation\nAct 2000.\n(3) A condition on a licence issued under the repealed Act that is valid\nimmediately before the commencement continues in effect after the\ncommencement as a condition under this Act, unless inconsistent\nwith a provision of this Act.\n(4) The Commission may determine whether a condition referred to in\nsubsection (3) is inconsistent with a provision of this Act.\n\nRacing and Wagering Act 2024 144\n","sortOrder":307},{"sectionNumber":"308","sectionType":"section","heading":"Annual fee","content":"308 Annual fee\n(1) A person who held a betting exchange licence or sports bookmaker\nlicence immediately before the commencement must pay the\nannual fee applicable under section 142 of this Act to the equivalent\nlicence if the person has not paid the annual licence fee payable\nunder section 24(5) of the repealed Act during the 12 months prior\nto the commencement.\n(2) The fee must be paid no later than 28 days after the\ncommencement.\n","sortOrder":308},{"sectionNumber":"309","sectionType":"section","heading":"Applications","content":"309 Applications\nAn application for a licence that was made but not determined\nunder the repealed Act before the commencement is to be\ndetermined by the Commission in accordance with the repealed Act\nas if it were not repealed.\n","sortOrder":309},{"sectionNumber":"310","sectionType":"section","heading":"Racing Commission","content":"310 Racing Commission\n(1) The Racing Commission under the repealed Act continues as the\nNorthern Territory Racing and Wagering Commission under this\nAct.\n(2) A person holding office as a member of the Racing Commission,\nother than the Chair, immediately before the commencement,\ncontinues as a member of the Northern Territory Racing and\nWagering Commission on the commencement in accordance with\nthe terms and conditions of the person's appointment.\n(3) Despite section 19(2) of this Act, a person holding office as the\nChair of the Racing Commission immediately before the\ncommencement continues in office as the Chair of the Northern\nTerritory Racing and Wagering Commission for a period not\nexceeding 6 months after the commencement.\n(4) Any acts done and matters under consideration by the Racing\nCommission that were not determined under the repealed Act\nbefore the commencement are to be determined by the Northern\nTerritory Racing and Wagering Commission in accordance with the\nrepealed Act as if it were not repealed.\n(5) Any rules of procedure for hearings by the Racing Commission\nunder the repealed Act, in force immediately before the\ncommencement, continue as if made by the Northern Territory\nRacing and Wagering Commission under section 236(3) of this Act.\n\nRacing and Wagering Act 2024 145\n","sortOrder":310},{"sectionNumber":"311","sectionType":"section","heading":"Racing Appeals Tribunal","content":"311 Racing Appeals Tribunal\n(1) The Racing Appeals Tribunal established under section 145F of the\nrepealed Act continues as the Northern Territory Racing Appeals\nTribunal established by section 90 of this Act.\n(2) A person holding office as a member of the Racing Appeals\nTribunal immediately before the commencement, continues as a\nmember of the Northern Territory Racing Appeals Tribunal on the\ncommencement in accordance with the terms and conditions of the\nperson's appointment.\n(3) Any acts done and matters under consideration by the Racing\nAppeals Tribunal that were not determined under the repealed Act\nbefore the commencement are to be determined by the Northern\nTerritory Racing Appeals Tribunal in accordance with the repealed\nAct as if it were not repealed.\n(4) Any rules of procedure of the Racing Appeals Tribunal under the\nrepealed Act, in force immediately before the commencement,\ncontinue as if made by the Northern Territory Racing Appeals\nTribunal under section 92(2)(b) of this Act.\n","sortOrder":311},{"sectionNumber":"312","sectionType":"section","heading":"Inspectors","content":"312 Inspectors\n(1) A person holding office as a betting inspector under section 22(1) or\na totalizator inspector under section 120(1) of the repealed Act,\nimmediately before the commencement, is taken to be an inspector\nappointed under section 32 of this Act in accordance with the terms\nand conditions of the person's appointment.\n(2) An identity card issued to a betting inspector under section 22(2) or\na totalizator inspector under section 120(2) of the repealed Act and\nin force immediately before the commencement is taken to be an\nidentity card issued under section 36 of this Act.\n","sortOrder":312},{"sectionNumber":"313","sectionType":"section","heading":"Codes of practice","content":"313 Codes of practice\nAny codes of practice made under section 148A of the repealed Act\nand in effect immediately before the commencement continue to\napply on commencement as if they were established or adopted\nunder section 13 of this Act.\n","sortOrder":313},{"sectionNumber":"314","sectionType":"section","heading":"Novelty event guidelines","content":"314 Novelty event guidelines\nAny guidelines approved by the Commission under the repealed\nAct and in effect immediately before the commencement continue\nto apply on commencement as if they were established or adopted\nas rules on novelty events under section 166 of this Act.\n\nRacing and Wagering Act 2024 146\n","sortOrder":314},{"sectionNumber":"315","sectionType":"section","heading":"Appeals","content":"315 Appeals\n(1) An appeal of a decision of the Racing Commission that was\ncommenced but not determined by the Local Court under the\nrepealed Act before the commencement, is to continue and be\ndetermined in accordance with the repealed Act as if that Act were\nnot repealed.\n(2) If a person had a right under the repealed Act, immediately before\nthe commencement, to appeal a decision of the Racing\nCommission, the person's right to appeal is taken to be a right to\napply under this Act for review of that decision by NTCAT.\n","sortOrder":315},{"sectionNumber":"316","sectionType":"section","heading":"Wagering control system","content":"316 Wagering control system\nA wagering control system that was in compliance with a condition\nof a licence under the repealed Act, immediately before the\ncommencement, is taken to be a wagering control system approved\nby the Director under section 163 of this Act.\n\nRacing and Wagering Act 2024 147\nsection 305\nRacing and Betting Act 1983 Act No. 50, 1983\nRacing and Betting Amendment Act 1985 Act No. 22, 1985\nRacing and Betting Amendment Act (No. 2) 1989 Act No. 21, 1989\nRacing and Betting Amendment Act 1990 Act No. 39, 1990\nRacing and Betting Amendment Act 1991 Act No. 15, 1991\nRacing and Betting Amendment Act 1993 Act No. 48, 1993\nRacing and Betting Amendment Act 1994 Act No. 62, 1994\nRacing and Betting Amendment Act 1995 Act No. 19, 1995\nRacing and Betting Amendment Act (No. 2) 1995 Act No. 47, 1995\nRacing and Betting Amendment Act 1998 Act No. 73, 1998\nRacing and Betting Amendment Act 1999 Act No. 74, 1999\nRacing and Betting Amendment Act 2000 Act No. 16, 2000\nRacing and Betting Amendment Act 2004 Act No. 26, 2004\nRacing and Betting Amendment Act 2006 Act No. 10, 2006\nRacing and Betting Amendment Act 2009 Act No. 38, 2009\nUnlawful Betting Act 1989 Act No. 13, 1989\nUnlawful Betting Amendment Act 2004 Act No. 27, 2004\n\nRacing and Wagering Act 2024 148\n1 KEY Key to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nRacing and Wagering Act 2024 (Act No. 8, 2024)\nAssent date 9 April 2024\nCommenced 1 July 2024 (Gaz G13, 20 June 2024, p 1)\nRevenue Legislation Amendment Act 2025 (Act No. 17, 2025)\nAssent date 26 June 2025\nCommenced 1 July 2025 (s 2 and s 2 Payroll Tax Amendment Act 2025\n(Act No. 1, 2025)\nRacing and Wagering Amendment Act 2025 (Act No. 19, 2025)\nAssent date 10 August 2025\nCommenced 11 August 2025 (s 2)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 LIST OF AMENDMENTS\ns 4 amd No. 19, 2025, s 4\ns 46 amd No. 19, 2025, s 5\ns 50A ins No. 19, 2025, s 6\ns 73 No. 3, 2026, s 64\ns 145 amd No. 17, 2025, s 14\ns 155 No. 3, 2026, s 64\ns 312 No. 3, 2026, s 64\ns 317 rep No. 8, 2024, s 317(5)\npt 14 hdg rep No. 8, 2024, s 345\ndiv 1 hdg rep No. 8, 2024, s 345\nss 318 – 319 rep No. 8, 2024, s 345\ndiv 2 hdg rep No. 8, 2024, s 345\n\nRacing and Wagering Act 2024 149\nss 320 – 322 rep No. 8, 2024, s 345\ndiv 3 hdg rep No. 8, 2024, s 345\nss 323 – 324 rep No. 8, 2024, s 345\ndiv 4 hdg rep No. 8, 2024, s 345\nss 325 – 326 rep No. 8, 2024, s 345\ndiv 5 hdg rep No. 8, 2024, s 345\nss 327 – 328 rep No. 8, 2024, s 345\ndiv 6 hdg rep No. 8, 2024, s 345\nss 329 – 330 rep No. 8, 2024, s 345\ndiv 7 hdg rep No. 8, 2024, s 345\nss 331 – 333 rep No. 8, 2024, s 345\ndiv 8 hdg rep No. 8, 2024, s 345\nss 334 – 335 rep No. 8, 2024, s 345\ndiv 9 hdg rep No. 8, 2024, s 345\nss 336 – 337 rep No. 8, 2024, s 345\ndiv 10 hdg rep No. 8, 2024, s 345\nss 338 – 339 rep No. 8, 2024, s 345\ndiv 11 hdg rep No. 8, 2024, s 345\nss 340 – 342 rep No. 8, 2024, s 345\ndiv 12 hdg rep No. 8, 2024, s 345\nss 343 – 344 rep No. 8, 2024, s 345\ndiv 13 hdg rep No. 8, 2024, s 345\ns 345 rep No. 8, 2024, s 345","sortOrder":316}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":true,"description":"Compared with the typical scope of older, racecourse‑centred racing laws, this Act substantially broadens and modernises regulatory reach. It explicitly brings online wagering business models (betting exchanges and sports bookmakers) and their technical control systems into licensing (ss 116, 121–122, 163), introduces a new tax and levy regime and a funded regulator (ss 144–151), and adds consumer‑protection tools (account prohibitions/closures, prohibition orders, ss 211–218) and strong administrative enforcement powers (directions to terminate commercial arrangements, immediate suspension, ss 214–217, 255). The Act therefore moves from narrow racecourse regulation to an integrated Territory‑level regulatory framework covering on‑course and off‑course, including electronic wagering, with substantial administrative discretion and financial controls (see ss 3, 14–16, 144–151, 163, 214–217)."},"complexity_factors":["Large Act with over 300 sections and multiple Parts spanning licensing, taxation, enforcement, appeals and transition (Parts 1–13).","Extensive interpretation section with numerous defined terms and cross‑references (see s 4 and many references throughout).","Multiple licence categories and interlocking eligibility rules (ss 116–130) plus key‑person regime and nominee/residency rules (ss 123–133).","Detailed financial regime: different tax rates by licence type, monthly tax and levy schedules and a dedicated Racing and Wagering Fund (ss 144–151).","Complex compliance and technical requirements for wagering control systems with approval, change controls and reporting (ss 163–164) combined with audit obligations (ss 190–191).","Wide range of offences including many strict‑liability provisions and overlapping civil disciplinary penalties (Parts 6, 9, 10).","Broad discretionary powers for Commission, Director and Minister (policy directions, prohibition of events, termination of arrangements, immediate suspension) (ss 12, 16, 165, 214–217, 255).","Multi‑tiered dispute resolution and review architecture (race control bodies, Commission hearings, Tribunal panels, NTCAT review) with specific grounds and automatic stays for certain decisions (Parts 3, 8, 239–241).","Significant inter‑jurisdictional and statutory linkage with other Acts and regulators (Totalisator Licensing and Regulation Act 2000, Criminal Code, Taxation Administration Act, Interactive Gambling Act) requiring cross‑reference checks (ss 10, 11, 146, 121).","Transitional provisions and validation clauses that preserve prior acts, equipment and appointments and add amendment history (Part 13 and s 50A), increasing practical complexity for existing operators."],"plain_english_summary":"**What this law does (mechanics first)**\n\n- Creates a new regulatory structure (Northern Territory Racing and Wagering Commission, a Director and a Tribunal) to licence, supervise and enforce rules for racing and all forms of wagering in the Territory (see ss 14–16, 29–31, 90–99).  \n- Sets out licence types and eligibility rules for businesses and people who take bets: on‑course bookmakers, betting exchanges, sports bookmakers and “key persons” (ss 116–126).  \n- Requires wagering businesses operating in or into the Territory to hold a licence, maintain premises in the Territory (for exchanges/sports bookmakers), run an approved wagering control system (auditable, real‑time records), keep financial records, issue receipts and meet audit and reporting requirements (ss 117, 152, 163–190).  \n- Imposes taxes and monthly levies on wagering businesses and establishes a Racing and Wagering Fund to pay regulators, inspectors, research and harm‑reduction programs (ss 144–151).  \n- Gives the Commission broad powers to investigate, issue directions, suspend or cancel licences, require termination of commercial arrangements, close or prohibit customer accounts, and declare wagers void or valid (ss 16, 209–217, 255).  \n- Creates an enforcement and evidence regime: inspectors with entry, seizure and inspection powers (ss 32, 242–251), a range of criminal and civil offences (many strict‑liability) for unlicensed wagering, breaches of licence conditions, prohibited events, misuse of sports information, failure to produce documents, conduct with children, misleading products, etc. (Parts 6, 9–11).  \n- Provides complaint, disciplinary, appeal and judicial‑review routes: internal hearings by the Commission, appeals to race control bodies or the Tribunal, and review to NTCAT on specified decisions (Parts 3, 8).  \n- Preserves and migrates existing arrangements under the Totalisator Licensing and Regulation Act 2000 for totalisators; excludes those activities from this Act (s 10).\n\n**Who this affects (concise list)**\n\n- Wagering businesses (on‑course bookmakers, betting exchanges, sports bookmakers) and their owners, senior managers and nominated local representatives (ss 116–126, 131–133, 156–157).  \n- Race control bodies, race clubs, trainers, owners and participants in thoroughbred, harness and greyhound racing (Parts 3 and 4).  \n- Customers: account opening, identity checks (AML/CTF rules), possible account closures or prohibition orders for problem/unsafe wagering (ss 183, 211–213, 218).  \n- Suppliers and commercial partners who deal with wagering licensees (arrangements need Commission approval where they affect customer relationship or control) (ss 176–179).  \n- The Territory — through new tax and levy revenue and the Racing and Wagering Fund (ss 144–151).\n\n**Why it matters (stated purpose and tested mechanics)**\n\n- The Act states its purposes as promoting integrity, efficient governance, taxes/levies, animal welfare and consumer protection/harm minimisation (s 3).  \n  - Mechanically, the Act centralises decision‑making in a Commission with investigative and disciplinary powers (ss 14–16). That concentrates regulatory discretion in a single agency and makes compliance dependent on the Commission’s rules, codes and directions (ss 12, 13, 16).  \n  - It brings online wagering models into express licensing (betting exchanges and sports bookmakers) and requires real‑time, auditable control systems (ss 116, 121, 122, 163). That increases operating costs for entrants and incumbents who must certify systems and submit to audits (ss 163–190).  \n  - It imposes direct financial charges on wagering operators: a tax (differentiated by type, ss 144–145), monthly levies (ss 147–149) and fees to support regulator operations (ss 66, 150–151). Who pays: licensees (s 144), race clubs (s 66), and ultimately customers or owners to the extent fees and taxes are passed on.  \n  - It grants strong remedial powers to protect consumers or the public interest: account prohibitions/closures, prohibition orders from the Local Court, immediate licence suspensions, directions requiring termination of associations or agreements (ss 211–213, 218, 255, 214–217). These tools change private contracting flexibility (licensees must obtain prior approvals for some commercial arrangements, ss 176–177).  \n\n**Costs, incentives and trade‑offs (concrete mechanisms)**\n\n- Compliance and entry costs: mandatory wagering control system approval, audits, finances and resident nominee requirements (ss 163, 187–190, 132) raise fixed costs and ongoing compliance expenditure for licensees; this will favour operators with scale or existing compliance functions.  \n- Regulatory discretion and speed vs. legal certainty: the Commission and Director have wide discretionary powers (ss 12, 16, 140, 214). That allows flexible, prompt intervention (e.g. to protect integrity), but increases regulatory uncertainty and the need for licences/conditions to be monitored closely.  \n- Concentrated benefit, diffuse cost: regulated industry and race clubs gain clearer frameworks and potential access to the Fund; costs (taxes/levies, compliance) fall on licensees and may be passed to consumers. The Act explicitly states that revenue loss is “not a relevant consideration” when prohibiting events or contingencies (ss 165(3), 168(3)).  \n- Enforcement and deterrence: many offences are strict liability and the Act enables seizures, forfeiture and monetary penalties (Parts 6, 9, 10 and ss 229–230). That strengthens deterrence but raises the risk of administrative penalties for technical non‑compliance; there are defences in some provisions (reasonable excuse, due diligence), but several offences carry high maximum penalties (e.g. ss 118, 155, 193).  \n- Market structure effects: approval requirements for arrangements (ss 176–179), restrictions on changes of associates (ss 157–158) and non‑transferability of licences (s 126) limit rapid ownership change and affect M&A or outsourcing strategies. Nominee/residency requirements (s 132) can restrict purely offshore control.  \n- Consumer protection and harm minimisation vs. privacy/choice: the Act empowers account closures, prohibition orders and mandatory KYC (ss 183, 211–218, 276–279), enabling active consumer protection but also concentrating decision power to remove access to wagering.  \n\n**Implementation risks and administrative burdens**\n\n- High regulatory workload: the Commission must set codes, approve systems, investigate, and manage appeals and disciplinary processes (ss 13, 16, 163, Parts 8–9), requiring staffing and funding (the Fund finances these functions, ss 150–151).  \n- Inter‑jurisdictional complexity: reliance on and interaction with other regulators (Totalisator Licensing Act, Criminal Code, Taxation Administration Act, and interstate sporting bodies) creates cross‑compliance and evidence‑sharing needs (ss 10, 11, 146, 170–172).  \n- Technology dependencies: the requirement for auditable, real‑time wagering control systems (s 163) means technical standards and cyber‑security expectations will materially affect costs and product design.  \n\n**Who pays, who decides, what behaviour changes**\n\n- Who pays: wagering licensees pay the new taxes and levies (ss 144–149); licensees and race clubs pay fees and may bear audit and compliance costs (ss 66, 136–137, 190); customers face identity verification and may lose account access under harm‑reduction powers (ss 183, 211–213, 218).  \n- Who decides: the Minister (high‑level directions, s 12), the Commission (licensing, codes, disciplinary action, ss 14–16), the Director and inspectors (investigations, system approval, ss 29–33), race control bodies for racing rules (s 51), and courts/Tribunals/NTCAT for appeals and judicial orders (Parts 3, 8).  \n- Behaviour changes imposed or incentivised by the Act: operators must seek licences and Commission approvals for certain commercial arrangements, run approved control systems, keep tight records, and comply with directions; operators may avoid certain novelty contingencies or markets if prohibited; customers must pass ID checks and may be subject to account closure or prohibition orders.\n\n**Concrete references (select)**\n- Purposes: s 3.  \n- Commission powers and functions: ss 14–16.  \n- Licence types and key person rules: ss 116–126.  \n- Wagering control system and approvals: s 163 (and related offences at s 164).  \n- Taxes and levies; Fund: ss 144–151.  \n- Account closures and harm reduction: ss 211–213, 218.  \n- Remedial powers (void/validate wagers; suspend licences): ss 209–216, 255.  \n- Inspections, seizure, evidence: ss 242–253, 286.  \n- Appeals and review routes (Commission, Tribunal, NTCAT): Parts 3 and 8 (notably ss 85–115, 239–241)."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"completionTokens":807},"content_quality":"ok","complexity_score":8,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its stated purposes in section 3: promoting integrity in racing and wagering, protecting public interest, limiting crime, promoting industry development, protecting animal welfare, and providing consumer protection. The comprehensive coverage of modern wagering forms (betting exchanges, online sports betting) reflects the original intent to modernise regulation rather than scope creep."},"complexity_factors":["304 sections across 13 Parts with multiple Divisions and Subdivisions","47 defined terms in section 4, many cross-referenced throughout","Extensive cross-referencing to other NT and Commonwealth laws (Criminal Code, Taxation Administration Act, Gaming Control Act, Interactive Gambling Act, etc.)","Nested conditional logic in licensing eligibility (sections 127-130) with multiple criteria and exceptions","Complex appeal pathways with two-tier system (race control body appeals committee → Racing Appeals Tribunal → NTCAT review)","Multiple overlapping enforcement mechanisms: criminal offences, civil penalties, disciplinary action, enforceable undertakings, and immediate suspension","Detailed procedural requirements for hearings, investigations and seizures with strict time limits and notice requirements","Conditional tax calculations with caps and different rates for different licence types (sections 144-149)","Transitional provisions preserving old licences and appointments while converting to new regime (Division 2 of Part 13)","Strict liability offences throughout with evidential burdens and statutory defences requiring careful navigation"],"plain_english_summary":"This is the **Racing and Wagering Act 2024** (Northern Territory), a comprehensive law that regulates horse racing, greyhound racing, harness racing, and all forms of betting and wagering in the NT.\n\n**What it does:**\n\n- **Establishes a new regulator**: Creates the **Northern Territory Racing and Wagering Commission** to oversee both racing and betting industries, replacing the old Racing Commission. The Commission can issue licences, conduct investigations, impose fines, and take disciplinary action.\n\n- **Licences wagering businesses**: Four types of licences exist:\n  - **On-course bookmaker** (betting at racecourses)\n  - **Betting exchange** (matching bets between customers)\n  - **Sports bookmaker** (betting on races and sporting events)\n  - **Key person** (senior staff who need individual approval)\n\n- **Controls racing**: Appoints **race control bodies** to manage thoroughbred, harness and greyhound racing. These bodies set racing rules, register race clubs, approve race dates, and can penalise participants for misconduct.\n\n- **Protects consumers and animals**: Requires harm minimisation measures, prohibits betting by children, allows the Commission to close accounts of problem gamblers, and mandates animal welfare protections.\n\n- **Sets taxes and levies**: Wagering businesses pay monthly taxes (0.33% for on-course bookmakers, 5% for betting exchanges and sports bookmakers) plus levies into a **Racing and Wagering Fund** that pays for regulation, education and problem gambling support.\n\n- **Creates enforcement powers**: Inspectors can enter premises, seize evidence, and investigate offences. The Commission can suspend licences immediately, issue enforceable undertakings, and conduct disciplinary hearings.\n\n- **Provides appeal rights**: Decisions can be appealed to the **Racing Appeals Tribunal** or reviewed by the **Northern Territory Civil and Administrative Tribunal (NTCAT)**.\n\n**Who it affects:**\n- Betting companies and their staff\n- Race clubs and participants (trainers, jockeys, owners)\n- Anyone who places bets in the NT\n- Problem gamblers who may have accounts restricted\n\n**Why it matters:**\nThis modernises NT gambling law by bringing online betting, betting exchanges and sports wagering under one regulatory framework for the first time, while strengthening protections against corruption, money laundering and gambling harm."}},"importantCases":[],"_links":{"self":"/api/acts/racing-and-wagering-act-2024","history":"/api/acts/racing-and-wagering-act-2024/history","analysis":"/api/acts/racing-and-wagering-act-2024/analysis","conflicts":"/api/acts/racing-and-wagering-act-2024/conflicts","importantCases":"/api/acts/racing-and-wagering-act-2024/important-cases","documents":"/api/acts/racing-and-wagering-act-2024/documents"}}