{"id":"totalisator-licensing-and-regulation-act-2000","name":"Totalisator Licensing and Regulation Act 2000","slug":"totalisator-licensing-and-regulation-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30586,"registerId":"nt-totalisator-licensing-and-regulation-act-2000-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 Totalisator Licensing and Regulation\nAct 2000.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the commencement of the Sale of\nNT TAB Act 2000.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Interpretation","content":"3 Interpretation\n(1) In this Act:\naffected person, see section 82.\nagent means the person with whom a licensee enters into an\nagreement referred to in section 43 to establish or carry on\nbusiness as an agency for the conduct of totalisator wagering.\nagency means the conduct of totalisator wagering under a\nlicensee's licence by the licensee's agent for and on behalf of the\nlicensee on premises occupied by the agent.\napproved form means a form approved under section 8B.\nassociate, in relation to a person, means:\n(a) a spouse or de facto partner of the person;\n(b) a parent or remoter lineal ancestor, son, daughter or remoter\nissue, brother or sister of the person;\n(c) a partner or trustee of the person;\n\nTotalisator Licensing and Regulation Act 2000 2\n(d) a body corporate of which the person is a director, secretary\nor executive or other officer;\n(e) if the person is a body corporate – a director, secretary or\nexecutive or other officer of the body corporate;\n(f) a person who, in the previous year, has provided to the first-\nmentioned person advice for fee or reward in relation to\nwagering or the operation of a totalisator or conduct of\ntotalisator wagering;\n(g) an employee or employer of the person;\n(h) an officer or employee of a body corporate of which the\nperson is an officer or employee;\n(j) an employee of a natural person of whom the person is an\nemployee;\n(k) a body corporate whose directors or executive officers are\naccustomed or under an obligation, whether formal or\ninformal, to act in accordance with the directions, instructions\nor wishes of the person or, if the person is a body corporate,\nof the directors or executive officers of that body corporate;\n(m) a body corporate in accordance with the directions,\ninstructions or wishes of which, or of the directors or executive\nofficers of which, the person is accustomed or under an\nobligation, whether formal or informal, to act;\n(n) a body corporate in which the person holds a controlling\ninterest;\n(p) if the person is a body corporate – a person who holds a\ncontrolling interest in the body corporate; or\n(q) a person who is, because of this definition, an associate of\nany other person who is an associate of the person (including\na person who is an associate of the person by another\napplication of this definition).\nbetting account means an account with a licensee in the name of\na person who makes bets with the licensee against which the\namount of a bet made by the person with the licensee may be\ndebited and into which a dividend, refund or other payment payable\nto the person by the licensee may be credited.\nclub means a race club or race control body as defined in section 4\nof the Racing and Wagering Act 2024.\n\nTotalisator Licensing and Regulation Act 2000 3\ncommission means commission deducted in accordance with the\ncountry race meet, for Part 3A, see section 31A.\ncountry race meet totalisator licence, for Part 3A, see\nsection 31A.\ndecision notice, for a decision, means a written notice setting out:\n(a) the decision 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.\ndelegate decision, see section 82.\nDirector means the Director of Totalisator Licensing and\nRegulation appointed under section 5.\ndividend, for Part 3A, see section 31A.\nevent, sport or activity means an event, sport or activity\ndetermined under section 12 to be an event, sport or activity on\nwhich wagering by means of a totalisator may be conducted.\ninspector means a totalisator inspector appointed by or under\nsection 50.\ninvestment, for Part 3A, see section 31A.\ninvestor, for Part 3A, see section 31A.\nlicence means a totalisator licence to establish a totalisator,\noperate a totalisator or conduct totalisator wagering granted or\nrenewed under section 20, and includes a licence that is varied\nunder this Act.\nlicence document means the document that specifies or\ndocuments that jointly specify the grant of a licence, the terms and\nconditions of the licence and any variation of the licence.\nlicensee means a person who holds a licence or a temporary\noperator means a person appointed by a licensee under section 42\nto manage the operations of the licensee conducted on a premises\nof a licensee.\n\nTotalisator Licensing and Regulation Act 2000 4\npremises means a building or part of a building, occupied by a\nlicensee or an agent, where:\n(a) the licensee establishes or operates a totalisator or conducts\ntotalisator wagering; or\n(b) the agent conducts totalisator wagering under a licensee's\nlicence for and on behalf of the licensee.\nrace means a horse race, dog race, pony race or trotting race, and\nincludes all races of a series of races in relation to which a bet is\nmade with one stake on the results of 2 or more of the races.\nrace meeting, for Part 3A, see section 4 of the Racing and\nWagering Act 2024.\nreviewable decision, see section 82.\nRules means rules made under section 46.\ntemporary licence means a licence granted under section 79(1).\nticket, for Part 3A, see section 31A.\ntotalisator means a scheme of pari-mutuel wagering, whether\nconducted by means of an instrument or contrivance known as a\ntotalisator or otherwise.\ntotalisator wagering means the business of wagering by means of\na totalisator.\nwagering means pari-mutuel betting on a race or an event, sport or\nactivity.\nwagering tax means the tax payable each month by a licensee\nunder section 34.\nNote for subsection (1)\nThe Interpretation Act 1978 contains definitions and other provisions that may be\nrelevant to this Act.\n(2) A reference in this Act to a person employed by a licensee or an\nagent includes a reference to a person whose services are provided\nto the licensee or agent under a contract with the person or another\nperson.\n(3) Unless the contrary intention appears, a reference in this Act to the\nlicensee includes a reference to an agent and an operator of the\n\nTotalisator Licensing and Regulation Act 2000 5\n(4) An obligation or liability of a licensee under this Act is to be taken to\ninclude an obligation or liability arising or imposed in respect of the\nactions of the licensee or an agent or operator of the licensee.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Act binds Crown","content":"4 Act binds Crown\nThis Act binds the Crown not only in right of the Northern Territory\nbut, to the extent that the legislative power of the Legislative\nAssembly permits, the Crown in all its other capacities.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Appointment of Director of Totalisator Licensing and","content":"5 Appointment of Director of Totalisator Licensing and\nRegulation\nThe Minister must, in writing, appoint a person to be the Director of\nTotalisator Licensing and Regulation.\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Functions of Director","content":"6 Functions of Director\nThe functions of the Director under this Act are:\n(a) to grant and issue licences to establish or operate a totalisator\nor conduct totalisator wagering for the purposes of wagering\non races and events, sports or activities held in or outside the\nTerritory;\n(b) to regulate the operation of totalisators and the conduct of\ntotalisator wagering in the Territory;\n(c) to supervise the conduct of licensees in operating totalisator\nwagering facilities in the Territory;\n(d) to determine the events, sports or activities on which wagering\nby means of a totalisator may be conducted;\n(e) to promote responsible totalisator wagering in the Territory;\nand\n(f) to research matters and call for and receive submissions from\ninterested persons regarding, and make recommendations to\nthe Minister on, the operation of totalisators and conduct of\ntotalisator wagering, including preferred procedures and\npractices for the operation of totalisators and conduct of\ntotalisator wagering in the Territory and the legislation\napplicable to totalisators and totalisator wagering.\n\nTotalisator Licensing and Regulation Act 2000 6\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Operation of totalisator by Director","content":"7 Operation of totalisator by Director\n(1) Subject to subsection (2), the Director may not operate a totalisator\nin the Territory.\n(2) If, for any reason, there is no licensee capable of conducting\ntotalisator wagering in the Territory, the Director may take the\nactions the Director considers necessary to ensure that totalisator\nwagering continues to be conducted in the Territory until a licence\nor a temporary licence is granted.\n(3) The following are examples of circumstances when the Director\nmight take action under subsection (2):\n(a) no application has been made for a licence;\n(b) no licence has been granted;\n(c) a licensee's licence is cancelled or suspended and a\ntemporary licence has not been granted in respect of the\nlicensee's business under the licence;\n(d) the bankruptcy of a licensee or the application to take the\nrelief of a law for the relief of bankrupt of insolvent debtors or\nmaking of an assignment of a licensee's property, interest or\nremuneration for the benefit of the licensee's creditors;\n(e) in the case of a licensee that is a company – the licensee is in\nliquidation, being wound up or is deregistered;\n(f) a licensee dies or is ill or otherwise mentally or physically\nincapacitated.\n(4) If, in exercising powers under subsection (2), the Director decides\nto operate a totalisator or conduct totalisator wagering, to the extent\nnecessary, this Act applies in respect of the operation of the\ntotalisator or the conduct of totalisator wagering by the Director as if\nthe Director were a licensee.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Delegation","content":"8 Delegation\nThe Director may delegate any of the Director's powers or functions\nunder this Act, other than the following, to a public sector employee:\n(a) grant a licence;\n(b) make Rules;\n(c) a power under Part 8, Division 2.\n\nTotalisator Licensing and Regulation Act 2000 7\n","sortOrder":7},{"sectionNumber":"8A","sectionType":"section","heading":"Annual report","content":"8A Annual report\n(1) The Director must, within 3 months after the end of each financial\nyear, give the Minister a report on the operation of this Act during\nthat year.\n(2) 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":8},{"sectionNumber":"8B","sectionType":"section","heading":"Approved forms","content":"8B Approved forms\nThe Director may approve forms for this Act.\n","sortOrder":9},{"sectionNumber":"10","sectionType":"section","heading":"Disclosure of interest","content":"10 Disclosure of interest\n(1) As soon as practicable after a person becomes the Director, the\nperson must disclose to the Minister:\n(c) the name and description of any company, association or\nother body of which he or she is a member or an officer or by\nwhom he or she is employed;\n(d) the name and a description of any partnership of which he or\nshe is a partner or by whom he or she is employed;\n(e) any other business association or financial interest he or she\nhas in relation to a company or other body or a person that is\nlikely to give rise to a conflict with his or her duties as the\nDirector; and\n(f) any other prescribed information.\n(2) The disclosure is to be made in the manner and form approved by\nthe Minister.\n(3) If there is a change to the information disclosed by the person, or\nthe person acquires new interests likely to give rise to a conflict with\nhis or her duties under this Act, the person must, not later than\n28 days after the change occurs or the interest is acquired, vary his\nor her disclosure accordingly in the manner and form approved by\nthe Minister.\n(4) A disclosure (as varied) remains effective while the person is the\nDirector.\n(5) The Minister must keep a record of the particulars of all disclosures\nand variations of disclosures made under this section.\n\nTotalisator Licensing and Regulation Act 2000 8\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Determination of events, sports and activities","content":"12 Determination of events, sports and activities\n(1) The Director must, by notice in the Gazette, determine the events,\nsports and activities on which wagering by means of a totalisator\nmay be conducted.\n(2) In making a determination under subsection (1), the Director may:\n(a) specify an event, sport or activity or a class of events, sports\nor activities on which wagering may be conducted;\n(b) specify an event, sport or activity or a class of events, sports\nor activities on which wagering is not to be conducted;\n(c) specify circumstances, whether generally or in a particular\ncase, in which wagering may be conducted on an event, sport\nor activity or a class of events, sports or activities; or\n(d) specify circumstances, whether generally or in a particular\ncase, in which wagering is not to be conducted on an event,\nsport or activity or a class of events, sports or activities.\n(3) The Director may, by notice in the Gazette:\n(a) exempt a licensee or class of licensees from compliance with\na determination or part of a determination made under\nsubsection (1); or\n(b) provide that a determination or part of a determination made\nunder subsection (1) does not apply to an event, sport or\nactivity or a class of events, sports or activities.\n(4) An exemption under subsection (3) may be subject to conditions.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"General principles relating to grant of licence","content":"13 General principles relating to grant of licence\n(1) The Director may grant a totalisator licence to authorise any one or\nmore of the following activities:\n(a) the establishment of a totalisator in the Territory;\n(b) the operation of a totalisator in the Territory;\n(c) the conduct of totalisator wagering in the Territory on a race or\nan event, sport or activity occurring in or outside the Territory;\n\nTotalisator Licensing and Regulation Act 2000 9\n(d) the provision of facilities for wagering by persons outside the\nTerritory by means of a totalisator operating in the Territory.\n(2) A person who is granted a licence may be a person who operates a\ntotalisator or conducts totalisator wagering outside the Territory.\n(3) A person may be granted a licence to conduct totalisator wagering\nin the Territory on a totalisator that is outside the Territory.\n(4) A person may hold more than one licence, including a temporary\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Application for licence","content":"14 Application for licence\n(1) A person may apply to the Director for a licence.\n(2) An application under subsection (1) is to be in a form approved by\nthe Director and accompanied by:\n(a) the prescribed information; and\n(b) the prescribed fee.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Additional information etc.","content":"15 Additional information etc.\n(1) The Director may require an applicant to supply:\n(a) additional information that will assist the Director to determine\nthe application; and\n(b) the written consents and signed authorities necessary for the\nDirector to investigate the suitability of the applicant under\nsection 17.\n(2) If, at any time before an application for a licence is determined,\nthere is a change in the information that accompanied the\napplication or is supplied by the applicant under subsection (1)(a),\nthe applicant must, as soon as possible, give written particulars of\nthe change to the Director.\n(3) Information supplied under subsection (2) is to be:\n(a) verified by a signed statutory declaration; and\n(b) treated by the Director as if forming part of the application.\n\nTotalisator Licensing and Regulation Act 2000 10\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Refusal to consider or withdrawal of application","content":"16 Refusal to consider or withdrawal of application\n(1) The Director may refuse to determine an application for a licence\nthat does not comply with a requirement under section 14 or 15.\n(2) An applicant may withdraw his or her application for a licence at\nany time.\n(3) If the Director refuses to determine an application or an applicant\nwithdraws his or her application, the Director may refund the whole\nor a part of the fee that accompanied the application.\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Director may investigate applicant","content":"17 Director may investigate applicant\n(1) In determining whether to grant a licence to an applicant, the\nDirector may carry out the investigations and inquiries in respect of\nthe applicant or an associate of the applicant that the Director\nconsiders appropriate, including obtaining a criminal history report\nfrom the Commissioner of Police and making inquiries with and\naccepting the results of investigations made by persons outside the\n(2) Without limiting subsection (1), in determining whether to grant a\nlicence the Director must have regard to the following:\n(a) whether the applicant is of good repute, having regard to the\ncharacter and honesty and integrity, the business reputation\nand the associates of the applicant;\n(b) whether the applicant has been found guilty of an offence\nagainst this Act or the Racing and Wagering Act 2024, an\noffence against an Act of a State or other Territory of the\nCommonwealth that relates to wagering or the conduct of\ntotalisator wagering or an offence involving dishonesty;\n(c) whether the applicant's financial position and financial\nbackground is sound and stable;\n(d) whether the applicant has or is able to obtain the financial\nresources to establish or operate a totalisator or to conduct\ntotalisator wagering, to obtain the services of persons who\nhave appropriate expertise or experience that should enable\nthe applicant to successfully conduct the operations of the\nlicence and to otherwise ensure the financial viability of the\noperations conducted under the licence;\n(e) whether the applicant has the capacity and appropriate ability,\nexpertise or experience to establish or operate a totalisator or\nto conduct totalisator wagering;\n\nTotalisator Licensing and Regulation Act 2000 11\n(f) if the applicant is a body corporate – whether the applicant\nhas or has arranged a satisfactory ownership, trust or\ncorporate structure;\n(g) in the case of the applicant's associates:\n(i) whether each director, partner, trustee, executive officer,\nsecretary and any other officer, employee or other\nassociate of the applicant connected with the ownership,\nadministration or management of the operations or\nbusiness of the applicant is a suitable person to be\ninvolved in or connected with the operation of a\ntotalisator or the conduct of totalisator wagering; and\n(ii) whether the associates are of good repute having regard\nto the character, business reputation and financial\nposition and financial background of the associates; and\n(h) any other prescribed matter.\n(3) To avoid doubt, a person who is bankrupt, is taking the benefit of a\nlaw for the relief of bankrupt or insolvent debtors or compounds with\nthe person's creditors to make an assignment of the person's\nremuneration for their benefit or otherwise takes advantage of the\nlaws of bankruptcy is not suitable for the purposes of granting a\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Inquiry by Commissioner of Police","content":"18 Inquiry by Commissioner of Police\n(1) If the Director decides to obtain a criminal history report of an\napplicant or an applicant's associate, the Director must give to the\nCommissioner of Police the applicant's or associates signed\nauthority for the release to the Director of details of his or her\ncriminal history.\n(2) On receiving the signed authority, the Commissioner of Police must\ngive the Director:\n(a) a written report of the criminal history of the person who\nsigned the authority notwithstanding that part of the criminal\nhistory is a spent conviction within the meaning of the Criminal\nRecords (Spent Convictions) Act 1992; and\n(b) any other information relating to the character of the person in\nhis or her possession that may assist the Director.\n(3) In this section, criminal history means the criminal history:\n(a) that is in the Commissioner of Police's possession; or\n\nTotalisator Licensing and Regulation Act 2000 12\n(b) that the Commissioner of Police may access through\narrangements with the police service of the Commonwealth, a\nState or another Territory of the Commonwealth, another body\npolitic outside Australia or the International Criminal Police\nOrganization-INTERPOL.\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Cost of investigations etc.","content":"19 Cost of investigations etc.\n(1) The Director may require an applicant for a licence to pay to the\nDirector an amount not exceeding the fees or charges incurred by\nthe Director in carrying out investigations and inquiries under\nsection 17 in relation to the applicant.\n(2) The Director may require the applicant to make the payment\nreferred to in subsection (1) before the Director grants a licence to\nthe applicant.\n(3) An amount payable under subsection (1) is recoverable as a debt\ndue and payable by the applicant to the Territory.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Determination of application and grant or refusal of licence","content":"20 Determination of application and grant or refusal of licence\n(1) In determining an application for a licence, the Director must\nconsider the prescribed matters (if any) and the investigations and\ninquiries conducted regarding the application.\n(2) On completion of the Director consideration of the matters under\nsubsection (1), the Director may grant the licence or refuse to grant\nthe licence.\n(3) Subject to this Act, the Director may grant a licence subject to the\nconditions the Director considers appropriate.\n(4) If the Director refuses to grant the licence, the Director must notify\nthe applicant in writing of its refusal.\n(5) The decision of the Director to grant or to refuse to grant a licence\nis final and may not be challenged or called into question, and is not\nsubject to prohibition, mandamus or injunction, in any court or on\nany ground.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Exclusivity","content":"21 Exclusivity\nThe Director may grant a licence that authorises a person to:\n(a) establish or operate a totalisator in the Territory or at a\nspecified location in the Territory;\n(b) conduct totalisator wagering in the Territory or at a specified\nlocation in the Territory; or\n\nTotalisator Licensing and Regulation Act 2000 13\n(c) conduct totalisator wagering in the Territory on a race or a\nclass of races or an event, sport or activity or a class of\nevents, sports or activities,\nas specified in the licence, to the exclusion of any other person for\nthe term of the licence or other shorter period specified in the\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Term and renewal of licence","content":"22 Term and renewal of licence\n(1) The Director may grant a licence:\n(a) that has effect until it is cancelled or surrendered; or\n(b) for the period specified in the licence.\n(2) Subject to section 23, a licence referred to in subsection (1)(b) may\nbe renewed.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Renewal of licence","content":"23 Renewal of licence\n(1) A licensee:\n(a) may apply to the Director to renew his or her licence; and\n(b) if the licensee does apply to renew his or her licence – must\ndo so at least 6 months before the licence expires.\n(2) Despite subsection (1)(b):\n(a) the Director must not consider an application for the renewal\nof a licence that is made 2 years or more before the licence\nexpires; and\n(b) the Director may accept an application for the renewal of a\nlicence that is made less than 6 months before the licence\nexpires.\n(3) This Part applies to and in relation to the renewal of a licence as if\nthe references in this Part to an application for a licence, the grant\nof a licence or a licence include references to an application to\nrenew a licence, the renewal of a licence or a renewed licence.\n\nTotalisator Licensing and Regulation Act 2000 14\n","sortOrder":22},{"sectionNumber":"23A","sectionType":"section","heading":"Licence not personal property","content":"23A Licence not personal property\nFor section 8(1)(k) of the Personal Property Securities Act 2009\n(Cth), a licence is not personal property for that Act.\nNote for section 23A\nA law of the Commonwealth, a State or a Territory may declare a right, licence or\nauthority granted by or under that law not to be personal property for the\nPersonal Property Securities Act 2009 (Cth).\n","sortOrder":23},{"sectionNumber":"24","sectionType":"section","heading":"Form of licence","content":"24 Form of licence\n(1) A licence is to be in writing given to the licensee.\n(2) The licence document is to specify all the terms and conditions of\nthe licence, except for the prescribed conditions.\n","sortOrder":24},{"sectionNumber":"25","sectionType":"section","heading":"Duration of licence","content":"25 Duration of licence\n(1) A licence has effect:\n(a) for the period for which it is granted;\n(b) until it is cancelled;\n(c) until it is surrendered; or\n(d) unless it is suspended.\n(2) The suspension of a licence does not have the effect of extending\nthe period the licence has effect to a date after the date on which\nthe period for which the licence is granted expires.\n","sortOrder":25},{"sectionNumber":"26","sectionType":"section","heading":"Terms and conditions of licence","content":"26 Terms and conditions of licence\n(1) A licence is subject to:\n(a) the terms and conditions imposed by the Director; and\n(b) the prescribed conditions.\n(2) It is a condition of a licence that the licensee:\n(a) must notify the Director of any change in the information\nmaterial to the grant of the licence within 7 days after the\nchange occurs;\n(b) may carry out only the activities in relation to a totalisator and\ntotalisator wagering authorised by the licence;\n\nTotalisator Licensing and Regulation Act 2000 15\n(c) must operate a totalisator that is comprised of only the\nequipment, machinery and other workings approved by the\nDirector;\n(d) must comply with the licence, this Act, the Regulations and the\nRules; and\n(e) must not make any arrangement or agreement or engage in\nany conduct that is inconsistent with the licence.\n(3) A licence must specify each premises of the licensee and the\noperator of each premises and each agency of the licensee.\n(4) A licensee must not contravene a term or condition of the licensee's\n500 penalty units or imprisonment for\n2 years and, in addition, 5 penalty units for\neach day during which the offence\ncontinues after the first day on which it is\ncommitted.\n2 500 penalty units and, in addition,\n25 penalty units for each day during which\nthe offence continues after the first day on\nwhich it is committed.\n","sortOrder":26},{"sectionNumber":"27","sectionType":"section","heading":"Variation of licence","content":"27 Variation of licence\n(1) Subject to this section and sections 28 and 29, the Director may:\n(a) on the Director's own motion; or\n(b) on the application of a licensee in a form approved by the\nDirector,\nby notice given to the licensee vary the terms and conditions of the\nlicensee's licence.\n(2) Before varying a licence under subsection (1)(a), the Director must\ngive the licensee written notice:\n(a) specifying the proposed variation;\n(b) specifying the reasons for the variation; and\n\nTotalisator Licensing and Regulation Act 2000 16\n(c) inviting the licensee to, within the period of not less than\n28 days specified in the notice, submit reasons why the\nvariation should not be made.\n(3) If, after considering the submissions of the licensee (if any), the\nDirector continues to consider that variation of the licence is\nappropriate, the Director may vary the licence, whether or not as\nproposed in the notice under subsection (2).\n(4) If a licensee applies under subsection (1)(b) to vary the licence by\ndeleting, adding or substituting premises, the Director must vary the\nlicence accordingly on being satisfied that to do so would not result\nin the licensee contravening a law in force in the Territory.\n(5) A licence may be varied by the addition of a new term or condition\nor the substitution or deletion of any of its existing terms and\nconditions.\n(6) A variation of a licence takes effect on:\n(a) the date notice of the variation is given to the licensee; or\n(b) the date specified for that purpose in the notice,\nwhichever last occurs.\n(7) A licensee must comply with his or her licence as varied under this\nsection.\n(8) Subsections (2), (3), (4), (5) and (6) do not apply if the variation is\nfor a formal or clerical reason that does not alter the effect of the\n","sortOrder":27},{"sectionNumber":"28","sectionType":"section","heading":"Variation of agent specified in licence","content":"28 Variation of agent specified in licence\n(1) If a licensee makes an application under section 27(1)(b) to vary\nthe licensee's licence by deleting, adding or substituting an agent,\nthis section applies.\n(2) The application to vary the licence must be given to the Director.\n(3) On receiving an application to delete an agent, the Director must\nimmediately, by notice given to the licensee, vary the licence\naccordingly.\n(4) On receiving an application to add or substitute an agent, the\nDirector may carry out the inquiries he or she thinks necessary to\ndetermine if the proposed agent is suitable.\n\nTotalisator Licensing and Regulation Act 2000 17\n(5) The Director must carry out his or her inquiries immediately and\nexpeditiously.\n(6) If it appears to the Director that the proposed agent is suitable, he\nor she must, by notice given to the licensee:\n(a) vary the licence by adding or substituting the agent; and\n(b) for sections 43 and 44 – approve or refuse to approve the\nestablishment of the agency with the agent added or\nsubstituted by the variation.\n(7) A variation under subsection (3) or (6) takes effect on the date\nnotice of the variation is given to the licensee.\n","sortOrder":28},{"sectionNumber":"29","sectionType":"section","heading":"Licence may provide for variation","content":"29 Licence may provide for variation\n(1) A licence may specify the manner in which a term or condition of\nthe licence is to be varied.\n(2) If a licence specifies the manner for varying a term or condition of\nthe licence, section 27 does not apply to any variation of that term\nor condition and that term or condition is to be varied in accordance\nwith the manner specified.\n","sortOrder":29},{"sectionNumber":"30","sectionType":"section","heading":"Transfer of licence","content":"30 Transfer of licence\n(1) A licensee may not transfer his or her licence unless the Director\napproves the transfer of the licence.\n(2) The Director may impose conditions on the transfer of a licence.\n(3) A licensee who transfers his or her licence must comply with the\nconditions imposed on the transfer by the Director.\n(4) If a licensee purports to transfer the licensee's licence without the\napproval of the Director or in a manner that contravenes the\nconditions imposed on the transfer, the licensee's licence is, by\nforce of this subsection, cancelled.\n\nTotalisator Licensing and Regulation Act 2000 18\n(5) Nothing in this section affects a right of action in respect of the\npurported transfer of a licence of a person to whom the licence\nwould, but for its cancellation under subsection (4), have been\ntransferred.\n100 penalty units or imprisonment for\n","sortOrder":30},{"sectionNumber":"31","sectionType":"section","heading":"Surrender of licence","content":"31 Surrender of licence\n(1) A licensee may, in writing to the Director, surrender his or her\n(2) The surrender of a licence does not take effect unless it is accepted\nby the Director.\n(3) The Director must in writing notify the person who was the licensee\nunder the licence that the Director has accepted the surrender of a\n(4) On the Director accepting the surrender of a licence, the licence\nceases to have effect but the person who surrendered the licence\nremains liable for:\n(a) unless the Director determines otherwise, the payment of all\noutstanding fees, taxes and charges payable in relation to the\noperation of a totalisator or conduct of totalisator wagering\nunder the licence;\n(b) the payment to the Territory of any dividends or other\npayments or prizes that are unclaimed or unpaid at the date of\nthe surrender;\n(c) the payment to the Territory of the amount equal to the credit\nbalances in betting accounts with the person as licensee at\nthe date of the surrender;\n(d) any other liability incurred by or obligation imposed on the\nperson as licensee; and\n(e) an act or omission done, caused, permitted or made by the\nperson as licensee before the surrender.\n\nTotalisator Licensing and Regulation Act 2000 19\n(5) For the purposes of subsection (4)(b) and (c), the person\nsurrendering a licence must give to the Director a list of the\nfollowing persons:\n(a) persons who have not been paid dividends or other money\nowing to them by the person as licensee;\n(b) persons who have not claimed from the person as licensee\nprizes they have won;\n(c) persons who have a credit balance in a betting account with\nthe person as licensee.\n","sortOrder":31},{"sectionNumber":"Part 3A","sectionType":"part","heading":"Totalisators for country race meets","content":"Part 3A Totalisators for country race meets\n","sortOrder":32},{"sectionNumber":"31A","sectionType":"section","heading":"Definitions","content":"31A Definitions\ncountry race meet means a race meeting held at a place\nprescribed by regulation.\ncountry race meet totalisator licence, means a licence issued\nunder this Part to establish and use a totalisator at a country race\nmeet.\ndividend means the amount declared to be payable in respect of a\nhorse race, including the unit of investment.\ninvestment means the purchase of a ticket in respect of a horse\nrace at a country race meet.\ninvestor means the purchaser of a ticket.\nrace meeting, see section 4 of the Racing and Wagering Act 2024.\nticket means the receipt issued from the win or place to an investor\nthat identifies the horse race and horse on which an investment\nwas made and the amount of the investment.\n","sortOrder":33},{"sectionNumber":"31B","sectionType":"section","heading":"Country race meet totalisator licence","content":"31B Country race meet totalisator licence\n(1) An association may apply to the Director for a country race meet\ntotalisator licence to establish and use a totalisator at a country\nrace meet.\n(2) Section 14 applies to the application.\n(3) A country race meet totalisator licence expires on 30 June in the\n5th year after it is granted or renewed, unless earlier cancelled.\n\nTotalisator Licensing and Regulation Act 2000 20\n(4) A country race meet totalisator licence is not transferable by the\n","sortOrder":34},{"sectionNumber":"31C","sectionType":"section","heading":"Conditions on licence","content":"31C Conditions on licence\n(1) A country race meet totalisator licence only authorises the use of a\ntotalisator:\n(a) at the country race meet specified in the licence; and\n(b) in accordance with rules made by the Director; and\n(c) under the care and management of a person appointed for\nthat purpose by the licensee.\n(2) Section 57 of the Interpretation Act 1978 does not apply to any\nrules referred to in subsection (1)(b).\n","sortOrder":35},{"sectionNumber":"31D","sectionType":"section","heading":"Revenue from totalisator","content":"31D Revenue from totalisator\n(1) A licensee with a country race meet totalisator licence must deduct,\nfrom the investment paid into the totalisator in respect of a race, a\ncommission in the amount prescribed by regulation.\n(2) The commission referred to in subsection (1) must be paid to the\n(3) After deducting the commission, the licensee must pay by way of\ndividends as prescribed by regulation, all moneys paid into the\ntotalisator in respect of a race.\n","sortOrder":36},{"sectionNumber":"32","sectionType":"section","heading":"Definitions","content":"32 Definitions\nIn this Division:\nCommissioner of Territory Revenue means the Commissioner as\ndefined in section 3(1) of the Taxation Administration Act 2007.\n","sortOrder":37},{"sectionNumber":"33","sectionType":"section","heading":"Application of Taxation Administration Act 2007","content":"33 Application of Taxation Administration Act 2007\n(1) Subject to this Division, the Taxation Administration Act 2007\napplies, with the necessary changes, to the payment and recovery\nof wagering tax as if:\n(a) wagering tax were a tax payable under a taxation law; and\n\nTotalisator Licensing and Regulation Act 2000 21\n(b) a return under this Division were a return required to be\nlodged under a taxation law; and\n(c) a licensee were a person liable to pay tax under a taxation\nlaw.\n(2) Nothing in subsection (1) affects the application of the Taxation\nAdministration Act 2007 to any other matter referred to in this Act.\n","sortOrder":38},{"sectionNumber":"34","sectionType":"section","heading":"Liability to pay wagering tax","content":"34 Liability to pay wagering tax\n(1) Without limiting a licensee's liability to pay any other tax or charge\nunder a law of the Territory, the licensee must pay to the\nCommissioner of Territory Revenue the amount that equals the\namount that represents the prescribed percentage of the licensee's\ncommission deducted for each month less the amount equal to the\namount of GST (if any) paid or payable in relation to every supply to\nwhich that amount of commission relates.\n(2) In subsection (1), GST and supply have the same respective\nmeanings as in the A New Tax System (Goods and Services Tax)\nAct 1999 of the Commonwealth.\n(3) The Regulations may prescribe a percentage under subsection (1)\nin relation to a race, event, sport of activity or a class of races,\nevents, sports or activities.\n","sortOrder":39},{"sectionNumber":"35","sectionType":"section","heading":"Payment of tax","content":"35 Payment of tax\n(1) A licensee must pay the wagering tax payable for a month within\n7 days after the last day of the month or the time allowed for\npayment under subsection (2).\n(2) The Commissioner of Territory Revenue may extend the time within\nwhich a licensee must pay the wagering tax payable for a month to\nnot more than 28 days after the last day of the month.\n100 penalty units.\n","sortOrder":40},{"sectionNumber":"36","sectionType":"section","heading":"Monthly returns","content":"36 Monthly returns\n(1) A licensee must each month lodge with the Commissioner of\nTerritory Revenue a return in respect of the licensee's commission\ndeducted for the immediately preceding month.\n\nTotalisator Licensing and Regulation Act 2000 22\n(2) The return is to:\n(a) be lodged when the licensee pays the wagering tax for the\nmonth to which the return relates;\n(b) set out the computation of the licensee's commission and the\namount of wagering tax payable by the licensee for that\nmonth;\n(c) contain any other information required by the Commissioner of\nTerritory Revenue; and\n(d) be presented in a form approved by the Commissioner of\nTerritory Revenue.\n100 penalty units.\n","sortOrder":41},{"sectionNumber":"37","sectionType":"section","heading":"Finding of guilt for offence relating to payment of wagering tax","content":"37 Finding of guilt for offence relating to payment of wagering tax\ndoes not exempt licensee from payment of tax\nIf a licensee is found guilty of an offence relating to the payment or\nnon-payment of wagering tax, the finding of guilt of the licensee\ndoes not exempt the licensee from payment of the wagering tax to\nwhich the offence relates.\n","sortOrder":42},{"sectionNumber":"38","sectionType":"section","heading":"Auditor","content":"38 Auditor\n(1) The Director must appoint a person to be an auditor to carry out an\naudit for the purposes of this Division.\n(2) In appointing an auditor under subsection (1), the Director may\nappoint the Auditor-General to be the auditor.\n(3) The Audit Act 1995 does not apply to or in relation to an audit\ncarried out for the purposes of this Division.\n","sortOrder":43},{"sectionNumber":"39","sectionType":"section","heading":"Audit of operations of licensee","content":"39 Audit of operations of licensee\n(1) The auditor must audit the operations of a licensee:\n(a) within 3 months of the end of each financial year; and\n(b) at any other time when directed to do so by the Director,\n\nTotalisator Licensing and Regulation Act 2000 23\nand report to the Director in relation to each audit.\n(2) In conducting an audit, the auditor must verify that:\n(a) the licensee is conducting his or her operations in accordance\nwith the licensee's licence; and\n(b) the licensee has paid the correct amount of wagering tax\nduring the period to which the audit relates.\n(3) If, after considering a report of the auditor, the Director is not\nsatisfied that the licensee has satisfactorily observed the terms and\nconditions of his or her licence or the requirement to pay wagering\ntax, the Director may require the licensee to provide additional\ninformation about the licensee's operations.\n","sortOrder":44},{"sectionNumber":"40","sectionType":"section","heading":"Powers of auditor","content":"40 Powers of auditor\n(1) The auditor:\n(a) is entitled at all reasonable times to full and free access to a\nlicensee's accounts and records as necessary to complete an\naudit;\n(b) may request the licensee, the licensee's agent or operator or\nan employee of the licensee to answer a question or to\nproduce any document relating to the licensee's records that\nis under his or her custody or control; and\n(c) may make copies of or take extracts from a record or other\ndocument to which the auditor has access or that is produced\nfor the auditor.\n(2) A person must not hinder, obstruct or interfere with the auditor in\nthe proper conduct of an audit under section 39.\n","sortOrder":45},{"sectionNumber":"41","sectionType":"section","heading":"Cost of audit","content":"41 Cost of audit\n(1) The Director may require a licensee to pay to the Director an\namount not exceeding the costs and expenses incurred by the\nauditor in conducting an audit of the operations of the licensee\nunder section 39.\n(2) An amount payable under subsection (1) is recoverable as a debt\ndue and payable by the licensee to the authority.\n\nTotalisator Licensing and Regulation Act 2000 24\n","sortOrder":46},{"sectionNumber":"42","sectionType":"section","heading":"Operators","content":"42 Operators\n(1) Subject to this section, the licensee must appoint in respect of each\nof the licensee's premises in the Territory a natural person who\nresides in the Territory to manage the operations of the licensee\nconducted on the premises.\n(2) A licensee may not appoint a person to be an operator unless the\nDirector approves the appointment of the person.\n(3) The Director must not give approval for the appointment of an\noperator unless satisfied that the person is suitable to be appointed.\n(4) The Director may carry out the inquiries under section 17 and 18\nthe Director considers appropriate to determine whether a person is\nsuitable to be appointed an operator and sections 17 and 18 apply\nwith the necessary changes.\n","sortOrder":47},{"sectionNumber":"43","sectionType":"section","heading":"Agencies","content":"43 Agencies\n(1) Subject to the approval of the Director to do so, a licensee may\nestablish an agency for the conduct of totalisator wagering under\nthe licensee's licence in a building or part of a building occupied by\nanother person.\n(2) In the conduct of totalisator wagering under an agency:\n(a) the actions of the agent are taken to be the actions of the\nlicensee as if the licensee had performed them; and\n(b) if the actions of the agent constitute or allegedly constitute an\noffence and the licensee authorised those actions (either\nexpressly or by implication) – the licensee may be prosecuted\nfor the offence in relation to those actions unless the licensee\nsatisfies the court that the licensee exercised reasonable care\nto prevent the commission or alleged commission of the\noffence by the agent.\n(3) The prosecution of a licensee under subsection (2)(b) does not\naffect the liability in respect of the offence of the agent who carried\nout the actions constituting the offence.\n(4) A term of any agreement that is contrary to the operation of\nsubsection (2) has no effect.\n\nTotalisator Licensing and Regulation Act 2000 25\n","sortOrder":48},{"sectionNumber":"44","sectionType":"section","heading":"Licensee may make agreements for conduct of operations","content":"44 Licensee may make agreements for conduct of operations\nunder licensee's licence\n(1) Subject to the approval to do so by the Director, a licensee may\nnegotiate and enter into an agreement, including an agreement to\nestablish an agency, with:\n(a) another person, whether that person's principal place of\nresidence or business is in or outside of the Territory and\nwhether that person operates a totalisator or conducts\ntotalisator wagering; or\n(b) a club,\nfor the purpose of operating a totalisator or conducting totalisator\nwagering under the licensee's licence.\n(2) An agreement under this section may only relate to operations that\nare authorised by the licensee's licence.\n(3) An agreement under subsection (1)(a) may relate to the operation\nof a totalisator or conduct of totalisator wagering in or outside the\n(4) An agreement under subsection (1)(b) may only relate to the\noperation of a totalisator or conduct of totalisator wagering in the\n(5) A person with whom or a club with which a licensee makes an\nagreement referred to in this section is not required to hold a\nlicence authorising the operation in the Territory of the totalisator or\nthe conduct of totalisator wagering that is the subject of an\nagreement.\n","sortOrder":49},{"sectionNumber":"45","sectionType":"section","heading":"Records","content":"45 Records\n(1) A licensee must keep and maintain the records that correctly record\nand explain the operations of the licensee under his or her licence.\n(2) The records kept by the licensee are to include accounting records\nthat record and explain the transactions of the licensee and any\nbusiness carried on under the licensee's licence by an agent and\ngive a true and fair view of the licensee's financial position.\n(3) The licensee must keep each record for 5 years.\n(4) The records are to be kept:\n(a) at the principal place of business of the licensee in the\nTerritory;\n\nTotalisator Licensing and Regulation Act 2000 26\n(b) if the licensee's registered office is outside the Territory and\nthe Director gives approval – at that office; or\n(c) any other place approved by the Director.\n(5) The licensee may keep the records in any form but the records\nmust be in a form that enables:\n(a) the licensee to provide information relating to the licensee's\nfinancial transactions on the request of the Director or an\ninspector;\n(b) in complying with a request of the Director or inspector\nreferred to in paragraph (a) – the information on the records to\nbe converted to or reproduced as, with or without the aid of an\narticle or device, a document in written English; and\n(c) the records to be conveniently and properly audited.\nMaximum penalty: In the case of a natural person – 50 penalty\nunits.\n250 penalty units.\n","sortOrder":50},{"sectionNumber":"46","sectionType":"section","heading":"Power to make rules","content":"46 Power to make rules\n(1) The Director may make rules, not inconsistent with this Act, for the\noperation of totalisators and the conduct of totalisator wagering in\nthe Territory.\n(2) Without limiting subsection (1), the Director may make rules that:\n(a) prescribe the amount and manner in which bets are to be\naccepted and paid for;\n(b) provide for the establishment and management of betting\naccounts with a licensee by persons who make bets with the\nlicensee;\n(c) prescribe the conditions relating to making bets with a\nlicensee, including:\n(i) the method of identification of persons offering to make\nbets;\n(ii) the manner of acknowledging bets;\n\nTotalisator Licensing and Regulation Act 2000 27\n(iii) the manner of recording bets made;\n(iv) the information relating to bets that is to be kept by a\nlicensee; and\n(v) the period for which a licensee is to retain that\ninformation and the form in which it is to be retained;\n(d) provide for the payment of dividends on bets placed with a\nlicensee and prescribe the manner for distributing and paying\nthe dividends, including the arrangements where there are no\nwinning bets, the manner of claiming the payment of a\ndividend and the payment of dividends on bets made by post\nor an electronic form;\n(e) prescribe the manner in which unclaimed dividends are to be\ndealt with;\n(f) provide for the deduction of commission;\n(g) provide for the establishment of a dividend equalisation\naccount by a licensee and the amounts to be paid into or\ncredited to the account;\n(h) provide for the use of the telephone or other electronic means,\nincluding on a computer system using the internet, to make\nbets, pay dividends and withdraw from and deposit in\naccounts held with a licensee and to enable a licensee to\nprovide information to persons interested in wagering;\n(j) prescribe penalties not exceeding 100 penalty units for\noffences against the Rules; and\n(k) designate an offence against a rule as a regulatory offence.\n(3) In exercising the power to make rules under subsection (1), the\nDirector may make a rule that:\n(a) deals with wagering on races or events, sports or activities\noccurring outside the Territory;\n(b) applies, adopts or incorporates, either wholly or in part, any\nrules, specifications or methods concerning the operation of\ntotalisators or the conduct of totalisator wagering, as in force\nat a particular time or as in force from time to time, prescribed\nor published under an Act of a State or another Territory of the\nCommonwealth or a law in force in another country; or\n(c) requires anything referred to in it to be in accordance with any\nrule, specification or method referred to in paragraph (a).\n\nTotalisator Licensing and Regulation Act 2000 28\n(4) A rule applied, adopted or incorporated in accordance with\nsubsection (3) has the same force and effect, and may be amended\nor repealed, as if it were a rule made by the Director under\n","sortOrder":51},{"sectionNumber":"47","sectionType":"section","heading":"Rules not required to be numbered","content":"47 Rules not required to be numbered\nSection 57 of the Interpretation Act 1978 does not apply to the\n","sortOrder":52},{"sectionNumber":"48","sectionType":"section","heading":"Publication of rules etc. applied, adopted or incorporated","content":"48 Publication of rules etc. applied, adopted or incorporated\nThe Director must make copies of each rule, specification or\nmethod, or the part of each rule, specification or method, applied,\nadopted or incorporated in accordance with section 46(3) available\nat the offices of the Director during normal working hours:\n(a) for inspection by a member of the public without charge; and\n(b) for purchase by a member of the public on payment of the\ncharge the Director requires.\n","sortOrder":53},{"sectionNumber":"49","sectionType":"section","heading":"Compliance with rules","content":"49 Compliance with rules\nA licensee must comply with the rules.\n","sortOrder":54},{"sectionNumber":"50","sectionType":"section","heading":"Appointment","content":"50 Appointment\n(1) Subject to this Part, the Director may, in writing, appoint a person\nthe Director considers suitable to be a totalisator inspector.\n(2) The Director is an inspector ex officio.\n","sortOrder":55},{"sectionNumber":"51","sectionType":"section","heading":"Suitability of persons to be appointed inspectors","content":"51 Suitability of persons to be appointed inspectors\n(1) The Director may not appoint a person to be an inspector under\nsection 50(1) unless satisfied that:\n(a) the person has the necessary expertise or experience to carry\nout the functions of an inspector; and\n(b) the person is of good character.\n\nTotalisator Licensing and Regulation Act 2000 29\n(2) The Director may carry out the inquiries the Director thinks\nnecessary to determine whether a person is suitable to be\nappointed an inspector.\n","sortOrder":56},{"sectionNumber":"52","sectionType":"section","heading":"Terms and conditions of appointment","content":"52 Terms and conditions of appointment\n(1) An inspector appointed under section 50(1):\n(a) is appointed for the term specified in the instrument of\nappointment; and\n(b) holds office on the terms and conditions specified in the\ninstrument of appointment.\n(2) The Director must, in the instrument of appointment of an inspector,\nspecify which of the powers conferred on inspectors under this Part\nthe inspector has and the conditions of the exercise of those\npowers.\n(3) An inspector:\n(a) may only exercise the powers specified in relation to him or\nher under subsection (2); and\n(b) must exercise his or her powers subject to the conditions\nspecified under that subsection.\n","sortOrder":57},{"sectionNumber":"53","sectionType":"section","heading":"Identity cards","content":"53 Identity cards\n(1) The Director must issue to each inspector an identity card.\n(2) An identity card is to:\n(a) contain a photograph and be signed by the inspector; and\n(b) identify the person as an inspector.\n(3) An inspector must:\n(a) carry his or her identity card when exercising his or her\npowers; and\n(b) produce his or her identity card on being requested to do so\nby a person in respect of whom the inspector is exercising has\nexercised or is about to exercise his or her powers under this\nAct.\n(4) A person must as soon as reasonably possible after ceasing to be\nan inspector return his or her identity card to the Director.\nMaximum penalty: 20 penalty units.\n\nTotalisator Licensing and Regulation Act 2000 30\n(5) An offence against subsection (4) is a regulatory offence.\n(6) An inspector must not allow another person to use his or her\nidentity card.\n","sortOrder":58},{"sectionNumber":"54","sectionType":"section","heading":"Inspectors subject to direction of Director","content":"54 Inspectors subject to direction of Director\nAn inspector exercises his or her powers and performs his or her\nfunctions subject to the directions of the Director.\n","sortOrder":59},{"sectionNumber":"55","sectionType":"section","heading":"Functions of inspectors","content":"55 Functions of inspectors\nThe functions of an inspector are to ensure that licensees:\n(a) observe and comply with their licences, this Act, the\nRegulations and the Rules; and\n(b) operate their totalisators in accordance with the Rules.\n","sortOrder":60},{"sectionNumber":"56","sectionType":"section","heading":"Powers of inspectors","content":"56 Powers of inspectors\n(1) An inspector may carry out an inspection to ascertain whether a\nlicensee or an agent is carrying on the licensee's or agent's\nbusiness in accordance with the licensee's licence, this Act, the\nRegulations or the Rules or totalisators are being operated in\naccordance with the Rules.\n(2) For the purposes of carrying out an inspection, an inspector may:\n(a) at any time enter the premises of a licensee or agent or any\nother place where business under the licensee's licence is\ncarried on, whether in or outside of the Territory;\n(b) request production of the licensee's licence or evidence of the\nlicence;\n(c) search the premises or other place;\n(d) access in any manner, including electronically, a system used\nfor conducting totalisator wagering on the premises or other\nplace;\n(e) inspect, examine, measure, test, photograph or film the\npremises or other place, the machinery, parts and workings of\na totalisator or any other device, thing or document on the\npremises or other place that relates to the licensee's business\nunder the licence;\n\nTotalisator Licensing and Regulation Act 2000 31\n(f) request a person on the premises or other place to answer\nquestions, produce a document or thing kept there that relates\nto the licensee's business under the licence or give any other\nassistance the inspector requests to carry out the inspection;\n(g) copy or take extracts from a document produced or inspected\nor request a person on the premises or other place to provide\na copy of or extract from the document;\n(h) take and detain a thing or a sample of a thing on the premises\nor other place that relates to the licensee's business under the\nlicence for analysis or testing or request a person to bring the\nthing or a sample of the thing to a place and remain in control\nof it at that place until permitted by an inspector to depart from\nthat place;\n(j) remove and retain a document referred to in paragraph (e)\nor (f) which he or she has reasonable grounds to believe is\nevidence of or otherwise relates to an offence against the Act,\nthe Regulations or the Rules for so long as is reasonably\nnecessary for the purpose of making copies of or taking\nextracts from the document;\n(k) seize, remove and detain, or require the production of,\nmachinery or a device or other thing that he or she has\nreasonable grounds to believe is evidence of or otherwise\nrelates to an offence against the Act, the Regulations or the\nRules; and\n(m) exercise any prescribed powers.\n(3) In carrying out an inspection an inspector must not:\n(a) interfere with the operation of the totalisator while the\ninspector is examining the machinery, parts or workings of the\ntotalisator; or\n(b) if he or she is requested to produce his or her identity card by\na person on the premises – remain in or on the premises\nunless he or she produces his or her identity card for that\nperson.\n(4) If an inspector enters a racecourse in the Territory for the purpose\nof inspecting a totalisator located on the racecourse, he or she may\nenter the racecourse without charge.\n\nTotalisator Licensing and Regulation Act 2000 32\n","sortOrder":61},{"sectionNumber":"57","sectionType":"section","heading":"Consent to enter premises","content":"57 Consent to enter premises\n(1) Before an inspector may enter and inspect premises or a place\nunder section 56, the inspector must give the licensee and the\nlicensee's agent or operator reasonable written notice of his or her\nintention to do so unless:\n(a) the licensee consents or, in the case of premises occupied by\nthe licensee's agent, both the licensee and the agent consent\nto the entry and inspection;\n(b) the inspector believes on reasonable grounds that there are\ncircumstances of such seriousness and urgency that require\nand justify immediate entry and inspection without the\nauthority of a search warrant issued under section 58; or\n(c) entry and inspection are authorised by a search warrant\nissued under section 58.\n(2) If an inspector enters and inspects premises in circumstances\nreferred to in subsection (1)(b), the inspector is authorised to enter\nand remain on the premises or place and carry out the inspection\nwith the force that is necessary and reasonable.\n","sortOrder":62},{"sectionNumber":"58","sectionType":"section","heading":"Search warrants","content":"58 Search warrants\n(1) An inspector wishing to enter and inspect premises or a place\nunder section 56 may apply to a justice of the peace for a search\nwarrant if:\n(a) entry has been refused, opposed, prevented or otherwise\ncannot be obtained; or\n(b) the giving of notice under section 57 is unusually difficult or\nwould cause an unreasonable delay or defeat the purpose for\nentering and inspecting the premises.\n(2) If the justice of the peace is satisfied by evidence on oath that there\nare reasonable grounds to carry out the inspection and that consent\nto enter the place or building cannot or should not be obtained, the\njustice of the peace may issue a search warrant to the inspector.\n(3) The search warrant authorises the inspector to:\n(a) enter and remain on the premises or place specified in the\nwarrant at the time or within the period specified in the\nwarrant; and\n(b) exercise the powers specified in section 56 for the purpose\nspecified in the warrant,\n\nTotalisator Licensing and Regulation Act 2000 33\nwith the force that is necessary and reasonable.\n","sortOrder":63},{"sectionNumber":"59","sectionType":"section","heading":"Inspector to issue receipt for thing seized","content":"59 Inspector to issue receipt for thing seized\n(1) An inspector who seizes, removes and detains machinery or a\ndevice or thing or removes and detains a document under\nsection 56 must, before removing it from the premises or other\nplace inspected, complete a receipt in respect of the machinery,\ndevice, thing or document in accordance with subsection (2).\n(2) The inspector must record the following information on the receipt:\n(a) the date of the inspection;\n(b) the name of the inspector;\n(c) the address of the premises or other place inspected;\n(d) in the case of removing a document – a description of the\ndocument, the reason why it is being removed and a\nstatement that it will be detained only for the purpose of\nmaking copies of or taking extracts from it;\n(e) in the case of removing machinery or a device or thing – a\ndescription of the machinery, device or thing, the reason why it\nis being seized, a statement that the machinery, device or\nthing will be delivered to the Director and the address and\ntelephone number of the office of the Director.\n(3) The inspector must:\n(a) give the receipt to the licensee, the licensee's agent or\noperator or an employee of the licensee or agent present on\nthe premises or other place; or\n(b) in the absence of a person referred to in paragraph (a) – leave\nthe receipt in a conspicuous place on the premises or other\nplace.\n","sortOrder":64},{"sectionNumber":"60","sectionType":"section","heading":"Person to comply with request of inspector etc.","content":"60 Person to comply with request of inspector etc.\n(a) without reasonable excuse, refuse or fail to comply with a\nrequest made by an inspector under section 56;\n(b) without reasonable excuse, refuse or fail to answer a question\nput by an inspector;\n\nTotalisator Licensing and Regulation Act 2000 34\n(c) otherwise obstruct, hinder or interfere with an inspector in the\nproper execution of his or her duties; or\n(d) give an answer to a question put by an inspector that is false\nor misleading in a material particular.\n","sortOrder":65},{"sectionNumber":"61","sectionType":"section","heading":"Restriction on employment of persons who were inspectors","content":"61 Restriction on employment of persons who were inspectors\nA person whose appointment as inspector terminates (for whatever\nreason) must not:\n(a) be employed or engaged by a licensee or a licensee's agent;\nor\n(b) be the agent of a licensee,\nunless the Director gives approval to do so or 12 months has\npassed since the termination of the person's appointment\n(whichever occurs first).\n","sortOrder":66},{"sectionNumber":"62","sectionType":"section","heading":"Delivery of thing seized to Director","content":"62 Delivery of thing seized to Director\nAn inspector who seizes and removes machinery, a device or thing\nunder section 56 must, as soon as reasonably possible after doing\nso, deliver it to the Director.\n","sortOrder":67},{"sectionNumber":"63","sectionType":"section","heading":"Detention of thing seized","content":"63 Detention of thing seized\nSubject to this Part, the Director may retain in his or her possession\nor under his or her control machinery, a device or thing delivered\nunder section 62 until the institution of proceedings for an offence\nagainst this Act, the Regulations or the Rules in relation to the thing\nand, if necessary, during the proceedings.\n","sortOrder":68},{"sectionNumber":"64","sectionType":"section","heading":"Return of thing seized","content":"64 Return of thing seized\nIf:\n(a) no proceedings are instituted for an offence relating to\nmachinery, a device or thing delivered to the Director; or\n\nTotalisator Licensing and Regulation Act 2000 35\n(b) proceedings instituted for an offence relating to the machinery,\ndevice or thing are not proceeding or have concluded and the\nCourt has not made an order forfeiting the machinery, device\nor thing to the Territory under section 66,\nthe Director must deliver the machinery, device or thing into the\ncustody of the licensee from whom it was seized or to the licensee's\nagent or operator.\n","sortOrder":69},{"sectionNumber":"65","sectionType":"section","heading":"Return of thing seized pending prosecution","content":"65 Return of thing seized pending prosecution\n(1) Despite section 64, the licensee or licensee's agent or operator who\nwould, but for the seizure of the machine, device or thing under this\nPart, be entitled to possession of it may, any time before the trial of\na person for an offence to which the seizure relates, apply to the\nDirector for the return of the thing to him or her.\n(2) If an application is made for the return of the machine, device or\nthing, the Director may release it subject to the conditions relating\nto its production as evidence at the trial as the Director thinks fit.\n","sortOrder":70},{"sectionNumber":"66","sectionType":"section","heading":"Forfeiture of thing seized","content":"66 Forfeiture of thing seized\n(1) If a person is found guilty of an offence relating to the machinery,\ndevice or thing seized and delivered to the Director under this Part,\nthe Court may order that the machinery, device or thing is forfeited\nto the Territory.\n(2) A forfeiture under subsection (1) is in addition to any penalty\nimposed on a person found guilty of the offence.\n","sortOrder":71},{"sectionNumber":"67","sectionType":"section","heading":"Disposal of thing","content":"67 Disposal of thing\nAll machinery, devices or things forfeited under this Part may be\ndestroyed or disposed of in a manner determined by the Director.\n","sortOrder":72},{"sectionNumber":"68","sectionType":"section","heading":"Reference to licensees who are clubs, companies or other","content":"68 Reference to licensees who are clubs, companies or other\nbody corporates\nA reference in this Part to the conduct or operations of a licensee\nthat is a club, company or other body corporate includes a\nreference to the conduct or actions of each person who is a director\nor other officer or is a member concerned in the management of the\nclub, company or body corporate.\n\nTotalisator Licensing and Regulation Act 2000 36\n","sortOrder":73},{"sectionNumber":"69","sectionType":"section","heading":"Making of complaint","content":"69 Making of complaint\n(1) A person may make a complaint regarding the conduct or\noperations of a licensee.\n(2) A complaint is to be:\n(a) in a written form approved by the Director and is to set out the\ngrounds on which the complaint is made and the facts relied\non by the person to constitute the grounds;\n(b) signed by the person making it; and\n(c) lodged with the Director.\n","sortOrder":74},{"sectionNumber":"70","sectionType":"section","heading":"Consideration and decision of Director","content":"70 Consideration and decision of Director\n(1) On receipt of a complaint, the Director:\n(a) must inform the licensee of the complaint within 48 hours after\nreceiving it and give the licensee sufficient opportunity to\nprovide a written reply to the complaint; and\n(b) must consider the complaint, taking into account any written\nreply from the licensee; and\n(c) must investigate the substance of the complaint as the\nDirector thinks fit.\n(2) On completion of the Director's consideration and investigation, the\nDirector must make a determination:\n(a) to dismiss the complaint because it is of a frivolous, irrelevant\nor malicious nature; or\n(b) that no further action is warranted; or\n(c) to reprimand the licensee; or\n(d) to fine the licensee an amount not exceeding the number of\npenalty units prescribed by regulation; or\n(e) to vary a condition of, or impose a condition on, the licence\nunder section 72; or\n(f) to give a direction to the licensee under section 71; or\n(g) to suspend the licence under section 72; or\n\nTotalisator Licensing and Regulation Act 2000 37\n(h) to cancel the licence under section 73.\n(3) Before making a determination under subsection (2)(d), (e), (f), (g)\nor (h) the Director must:\n(a) give the licensee written notice:\n(i) stating that the Director proposes to make the\ndetermination; and\n(ii) stating the ground on which it is proposed to make the\ndetermination; and\n(iii) inviting the licensee to submit a response to the Director\nabout the proposed determination within 28 days after\nthe date of the notice; and\n(b) take into account any submission made by the licensee within\nthe time allowed.\n(4) As soon as reasonably practicable after making a determination,\nthe Director must give a decision notice for the determination to the\nperson who made the complaint and the licensee.\n(5) A fine imposed under subsection (2)(d) is recoverable as a debt\ndue and payable by the licensee to the Territory.\n","sortOrder":75},{"sectionNumber":"71","sectionType":"section","heading":"Director may give directions","content":"71 Director may give directions\n(1) If a licensee:\n(a) contravenes or fails to comply with a condition of his or her\nlicence;\n(b) has contravened or failed to comply with this Act or another\nlaw of the Territory relating to the conduct of the business\nunder his or her licence;\n(c) fails to promptly pay a fee or wagering tax under this Act; or\n(d) in the opinion of the Director, is acting, was acting or is likely\nto act in a manner that is contrary to the good repute of the\nlicence and has brought the conduct of the business to which\nit relates into disrepute,\n\nTotalisator Licensing and Regulation Act 2000 38\nthe Director may, in writing, direct the licensee to:\n(e) adopt, vary, cease a practice or refrain from taking an action\nor a proposed action in respect of the conduct of the\nlicensee's business under the Act;\n(f) take, within the time specified in the direction, an action to\nrectify or minimise the effects of the licensee's contravention,\nfailure or other action; or\n(g) refrain from taking an action in relation to the contravention or\nfailure.\n(2) If a licensee's agent or operator:\n(a) conducts totalisator wagering on behalf of the licensee in a\nmanner that contravenes a condition of the licensee's licence,\nthis Act or another law of the Territory relating to the conduct\nof the business under the licence;\n(b) is found guilty of an offence against the Act, the Regulations\nor the Rules or any other offence involving dishonesty; or\n(c) in the opinion of the Director, is or was acting in a manner that\nis contrary to the good repute of the licensee's licence and has\nbrought the conduct of the licensee's business into disrepute,\nthe Director may, in writing, direct the licensee to terminate the\nlicensee's agency arrangement with the agent or the appointment of\nthe operator.\n(3) A licensee must comply with a direction given to the licensee under\nthis Division.\n","sortOrder":76},{"sectionNumber":"72","sectionType":"section","heading":"Suspension or variation of licence in certain circumstances","content":"72 Suspension or variation of licence in certain circumstances\n(1) If:\n(a) a complaint is made under section 69 or an application to\ncancel a licence is made under section 73 and in the opinion\nof the Director it is in the interest of the public to do so until the\ndetermination or dismissal of the complaint or application;\n(b) the Director has issued a direction to a licensee under\nsection 71 and is of the opinion that suspension or variation of\nthe licensee's licence is in the interest of the public until\ncompliance with the direction; or\n\nTotalisator Licensing and Regulation Act 2000 39\n(c) a licensee has contravened or failed to comply with his or her\nlicence, this Act, the Regulations or the Rules and in the\nopinion of the Director the contravention or failure to comply is\nof sufficient gravity to justify the suspension or variation of the\nlicence,\nthe Director may, by written notice:\n(d) suspend the licensee's licence for a period not exceeding\n6 months; or\n(e) impose a condition on or vary a condition of the licensee's\n(2) A notice under subsection (1) is to:\n(a) specify the reasons for the suspension or variation; and\n(b) in the case of the suspension of the licence – specify the\nperiod for which the suspension has effect.\n(3) The suspension or variation of a licence takes effect on:\n(a) the date on which the licensee receives the notice referred to\nin that subsection; or\n(b) if a later date is specified in the notice – that date.\n(4) Despite subsection (2)(b), the Director may, if the Director\nconsiders suspension or variation of a licence is no longer justified,\nrevoke the notice of suspension or variation given under\n","sortOrder":77},{"sectionNumber":"73","sectionType":"section","heading":"Cancellation of licence","content":"73 Cancellation of licence\n(1) Each of the following is a ground for cancelling a licence:\n(a) the licensee has been found guilty of an offence against this\nAct, the Regulations or the Rules;\n(b) the licensee has been found guilty of an offence otherwise\nrelating to the business of the licensee under the licence or in\nrespect of which a sentence of imprisonment for 6 months or\nmore was imposed;\n(c) the licensee has contravened or failed to comply with a\ndirection given under section 71;\n(d) the licensee is not a fit or proper person to hold a licence.\n\nTotalisator Licensing and Regulation Act 2000 40\n(2) If the Director believes a ground for cancelling a licence exists, the\nDirector must give the licensee a written notice:\n(a) stating that the Director proposes to cancel the licence; and\n(b) stating the ground for the proposed cancellation and the facts\nrelied on to constitute the ground; and\n(c) inviting the licensee to make a written submission in response\nto the proposed cancellation to the Director within 28 days\nafter the date of the notice.\n(3) If, after considering any response of the licensee, the Director is\nsatisfied that a ground for cancelling the licence exists, the Director\nmust cancel the licence.\n(4) As soon as practicable after making a decision under\nsubsection (3), the Director must give the licensee a decision\n","sortOrder":78},{"sectionNumber":"75","sectionType":"section","heading":"Dispute between Director and licensee","content":"75 Dispute between Director and licensee\n(1) In the event of a dispute arising between the Director and a\nlicensee as to what constitutes compliance with a term or condition\nof the licensee's licence that the Director and licensee cannot\nresolve, the Director or the licensee may require that the matter the\nsubject of the dispute be resolved by arbitration or be determined\nby the Minister.\n(2) If the Director or licensee requires the resolution of a dispute by\narbitration or the determination of a dispute by the Minister, the\ndispute is to be resolved or determined in accordance with the\nrequirement.\n(3) Subsections (1) and (2) do not apply to or in relation to a dispute\nconcerning a matter that is or has been the subject of:\n(a) a complaint; or\n(b) a review of a decision under Part 8, Division 3 or a review of a\nreviewable decision.\n(4) For the avoidance of doubt, the resolution by arbitration or\ndetermination by the Minister of a dispute under this Division does\nnot, unless section 77 or 78 applies, bar a person from dealing with\na matter the subject of or relating to the dispute under Part 7 or 8.\n\nTotalisator Licensing and Regulation Act 2000 41\n","sortOrder":79},{"sectionNumber":"76","sectionType":"section","heading":"Arbitration","content":"76 Arbitration\nThe arbitration of the dispute will be conducted in accordance with\nthe prescribed procedures by a person appointed by the President\nof the Law Society Northern Territory as established by section 635\nof the Legal Profession Act 2006.\n","sortOrder":80},{"sectionNumber":"77","sectionType":"section","heading":"Resolution and arbitration proceedings not admissible","content":"77 Resolution and arbitration proceedings not admissible\nAnything said, done or written for the purpose of the arbitration or\ndetermination of a dispute under this Division is not to be taken into\naccount in any subsequent proceedings under this Act or the\nprosecution of any offence against this Act that relate or relates to\nthe dispute the subject of the determination or arbitration.\n","sortOrder":81},{"sectionNumber":"78","sectionType":"section","heading":"Determination is final","content":"78 Determination is final\nA decision of the Minister under this Division that determines a\ndispute or an arbitrator's determination under this Division that\nresolves a dispute is final and may not be challenged or called into\nquestion, and is not subject to prohibition, mandamus or injunction,\nin any court or on any ground.\n","sortOrder":82},{"sectionNumber":"79","sectionType":"section","heading":"Grant of temporary licence","content":"79 Grant of temporary licence\n(1) Subject to this Division, if a licensee's licence is suspended or\ncancelled or the licensee surrenders his or her licence, the Director\nmay grant a licence to a person who in the Director's opinion is a fit\nand proper person to conduct the business of the suspended,\ncancelled or surrendered licence.\n(2) The temporary licence granted under subsection (1) is to be\ngranted subject to the same terms and conditions of the\nsuspended, cancelled or surrendered licence.\n(3) On the grant of the temporary licence, the operations, rights,\nliabilities and obligations under the cancelled, suspended or\nsurrendered licence in place of which the temporary licence is\ngranted continue unaffected under the temporary licence.\n(4) For the purposes of subsection (3), a reference in or under this Act\nor in any other document to:\n(a) the suspended, cancelled or surrendered licence is to be\ntaken to be a reference to the temporary licence; and\n\nTotalisator Licensing and Regulation Act 2000 42\n(b) the person to whom the suspended, cancelled or surrendered\nlicence was granted is to be taken to be a reference to the\nperson to whom the temporary licence is granted.\n","sortOrder":83},{"sectionNumber":"80","sectionType":"section","heading":"Investigation of person who may be granted temporary","content":"80 Investigation of person who may be granted temporary\nlicence; licensee may be granted temporary licence\n(1) For the purpose of granting a temporary licence, the Director may\nmake the investigations and carry out the inquiries the Director\nthinks fit to inform the Director of the character of the proposed\ngrantee and sections 17 and 18 apply with the necessary changes.\n(2) The Director may grant a temporary licence to a licensee.\n","sortOrder":84},{"sectionNumber":"81","sectionType":"section","heading":"Term of temporary licence","content":"81 Term of temporary licence\n(1) A temporary licence continues in force for 6 months or until:\n(a) if it is granted in respect of the business conducted under a\nlicence that has been suspended – the expiry of the period of\nsuspension;\n(b) the Director grants another licence in respect of the business\nconducted under the temporary licence; or\n(c) the Director cancels the temporary licence,\nwhichever first occurs.\n","sortOrder":85},{"sectionNumber":"82","sectionType":"section","heading":"Definitions","content":"82 Definitions\naffected person, for a reviewable decision, means a person to\nwhom any of the following any of the following applies:\n(a) for a decision that relates to disciplinary action relating to a\nlicence – the person is the licensee;\n(b) for a decision that was made in relation to an application – the\nperson is the applicant;\n(c) the person made a submission, complaint or objection\n(however described) during the process that resulted in the\ndecision being made;\n\nTotalisator Licensing and Regulation Act 2000 43\n(d) the person is otherwise declared by or under this Act to be an\naffected person.\ndelegate decision means a reviewable decision that is made by a\ndelegate of the Director, other than a decision prescribed by\nRegulation.\nreviewable decision means a decision of the Director under this\nAct, other than a decision to grant or refuse to grant a licence.\n","sortOrder":86},{"sectionNumber":"83","sectionType":"section","heading":"Notice of delegate decision","content":"83 Notice of delegate decision\n(1) As soon as practicable after making a delegate decision, a delegate\nof the Director must give written notice of the decision to each\naffected person.\n(2) The notice must state the following:\n(a) the delegate decision and the reasons for it;\n(b) that the affected person may apply for a review of the decision\nunder section 84;\n(c) the period allowed for applying for a review.\n","sortOrder":87},{"sectionNumber":"84","sectionType":"section","heading":"Application for review","content":"84 Application for review\n(1) An affected person for a delegate decision may apply to the\nDirector for a review of the decision.\n(2) The application must be made:\n(a) within 28 days after written notice of the delegate decision is\ngiven to the affected person; or\n(b) by any later date allowed by the Director.\n(3) The application must:\n(a) be in the approved form; and\n(b) be accompanied by the fee prescribed by regulation; and\n(c) state the grounds on which it is made and the facts relied on\nto establish the grounds.\n","sortOrder":88},{"sectionNumber":"85","sectionType":"section","heading":"Effect of application on delegate decision","content":"85 Effect of application on delegate decision\n(1) The making of the application does not stay the operation of the\ndelegate decision.\n\nTotalisator Licensing and Regulation Act 2000 44\n(2) Despite subsection (1), the Director may stay the operation of the\ndelegate decision pending completion of the review.\n","sortOrder":89},{"sectionNumber":"86","sectionType":"section","heading":"Director to consider application","content":"86 Director to consider application\n(1) On receipt of the application, the Director must review the delegate\ndecision.\n(2) Despite subsection (1), if satisfied the application is frivolous or\nvexatious, the Director may reject the application without reviewing\nthe delegate decision.\n","sortOrder":90},{"sectionNumber":"87","sectionType":"section","heading":"Conducting and deciding review","content":"87 Conducting and deciding review\n(1) In reviewing the delegate decision, the Director must:\n(a) take into account any matter that this Act requires the Director\nto take into account in reviewing the decision; and\n(b) follow the procedures for review determined by the Director;\nand\n(c) comply with the rules of natural justice.\n(2) After reviewing the delegate decision, the Director must:\n(a) affirm the decision; or\n(b) vary the decision; or\n(c) set aside the decision and substitute a new decision.\n","sortOrder":91},{"sectionNumber":"88","sectionType":"section","heading":"Notice of decision on review","content":"88 Notice of decision on review\n(1) As soon as practicable after making a decision under section 87,\nthe Director must give written notice of the decision to the following\npersons:\n(a) the applicant;\n(b) any other affected person.\n(2) The notice must state the following:\n(a) the Director's decision and the reasons for it;\n(b) details of any right the person has under this Act to apply for a\nreview of, or to appeal, the Director's decision.\n\nTotalisator Licensing and Regulation Act 2000 45\n","sortOrder":92},{"sectionNumber":"89","sectionType":"section","heading":"Application to NTCAT for review of Director's decision","content":"89 Application to NTCAT for review of Director's decision\n(1) Subject to subsection (2), an affected person for a reviewable\ndecision may apply to NTCAT for review of the decision.\n(2) An affected person may only apply to NTCAT once the person has\nexhausted any other available avenue of review under this Division.\nNote for section 89\nA delegate decision must be reviewed by the Director under this Division before\nan application is made to NTCAT.\n","sortOrder":93},{"sectionNumber":"91","sectionType":"section","heading":"Unlawful use of totalisator","content":"91 Unlawful use of totalisator\n(a) establish a totalisator in the Territory;\n(b) operate a totalisator in the Territory; or\n(c) conduct totalisator wagering in the Territory,\nunless authorised to do so by a licence.\n500 penalty units or imprisonment for\n2 years and, in addition, 5 penalty units for\neach day during which the offence\ncontinues after the first day on which it is\ncommitted.\n2 500 penalty units and, in addition,\n25 penalty units for each day during which\nthe offence continues after the first day on\nwhich it is committed.\n","sortOrder":94},{"sectionNumber":"92","sectionType":"section","heading":"Offences by persons employed by licensee or agent","content":"92 Offences by persons employed by licensee or agent\n(1) A person who is employed by or acting for and on behalf of a\nlicensee or an agent must not:\n(a) accept a bet or authorise or permit wagering that is not made\nin accordance with the Regulations and the Rules;\n\nTotalisator Licensing and Regulation Act 2000 46\n(b) accept a bet from, pay money to or deliver a totalisator ticket\nto a person who is under 18 years of age;\n(c) allow another person who the person believes on reasonable\ngrounds to be under the influence of liquor or a drug to enter\nand remain on premises where the licensee or agent is\noperating a totalisator or conducting totalisator wagering and\nto make a bet;\n(d) pay money to or deliver a totalisator ticket to a person who the\nperson believes on reasonable grounds to be under the\ninfluence of liquor or a drug; or\n(e) pay a dividend or a refund or permit the payment of a dividend\nor a refund that is not in accordance with the Regulations or\n(2) If the licensee or agent referred to in subsection (1) is operating a\ntotalisator or conducting totalisator wagering on premises licensed\nunder the Liquor Act 2019, subsection (1)(c) or (d) does not apply\nunless the contravention or failure to comply of the person\nemployed by or acting for and on behalf of a licensee or agent that\nconstitutes the offence is a contravention of or failure to comply with\nthat Act or a licence issued under Part III of that Act.\n(3) It is a defence to a prosecution for an offence against\nsubsection (1)(b) that the defendant was shown an identification for\nthe purposes of representing that the person was 18 years of age\nor more and the defendant had no reasonable grounds for doubting\nthe validity of the identification.\n","sortOrder":95},{"sectionNumber":"93","sectionType":"section","heading":"Offences by children","content":"93 Offences by children\nA person who is under 18 years of age must not:\n(a) make a bet; or\n(b) cause another person to make a bet on his or her behalf.\nMaximum penalty: 20 penalty units.\n","sortOrder":96},{"sectionNumber":"94","sectionType":"section","heading":"Offences by other persons on premises of licensee","content":"94 Offences by other persons on premises of licensee\n(a) consume liquor or a drug on the premises of a licensee or\nagent in contravention of a law in force in the Territory;\n\nTotalisator Licensing and Regulation Act 2000 47\n(b) behave in a disorderly manner on the premises of a licensee;\n(c) make a bet for or on behalf of a person under 18 years of age;\nor\n(d) make a bet for or on behalf of a person who has been\nprohibited from wagering on a totalisator.\nMaximum penalty 50 penalty units.\n","sortOrder":97},{"sectionNumber":"95","sectionType":"section","heading":"Licensee not to extend credit etc. for purpose of wagering","content":"95 Licensee not to extend credit etc. for purpose of wagering\nA licensee, agent, operator or a licensee's or agent's employee\nmust not lend money or any valuable thing or extend credit in any\nform to a person for the purpose of enabling the person or another\nperson to wager.\n","sortOrder":98},{"sectionNumber":"96","sectionType":"section","heading":"Advertising in relation to wagering","content":"96 Advertising in relation to wagering\nA licensee must not be involved in any advertising relating to the\nconduct of wagering, whether published by written, visual, oral or\nelectronic means, that is:\n(a) indecent or offensive; or\n(b) false or misleading in a material particular.\n","sortOrder":99},{"sectionNumber":"97","sectionType":"section","heading":"Inducement to cheat","content":"97 Inducement to cheat\n(1) A licensee or an agent, operator or employee of a licensee must not\ndishonestly induce a person to deliver, give or credit to the licensee,\nagent, operator or employee or another person any money, benefit,\nadvantage, valuable consideration or security relating to wagering.\n(2) A person must not dishonestly induce a licensee or an agent,\noperator or employee of a licensee to deliver, give or credit to the\nperson or another person any money, betting tickets, benefit,\nadvantage, valuable consideration or security relating to wagering.\n\nTotalisator Licensing and Regulation Act 2000 48\n","sortOrder":100},{"sectionNumber":"98","sectionType":"section","heading":"False statement etc.","content":"98 False statement etc.\n(1) A person must not knowingly make a statement in connection with\nan application, investigation or inquiry or a report made under this\nAct that is false or misleading in a material particular or contains a\nmaterial omission.\n(2) A person must not, with intent to defraud:\n(a) destroy, alter, mutilate or falsify a record or return;\n(b) make or cause to be made a false, erroneous or misleading\nentry in a record or return; or\n(c) omit or alter or cause to be omitted or altered an entry in a\nrecord or return;\nthat a licensee is required to keep under this Act.\n","sortOrder":101},{"sectionNumber":"99","sectionType":"section","heading":"Fraudulent use etc. of licence","content":"99 Fraudulent use etc. of licence\n(a) forge or fraudulently alter or use a licence; or\n(b) fraudulently allow a licence to be used by another person.\n","sortOrder":102},{"sectionNumber":"100","sectionType":"section","heading":"False representation as inspector etc.","content":"100 False representation as inspector etc.\n(a) falsely represent, by words or conduct, that he or she is an\ninspector; or\n(b) forge or fraudulently alter or use an inspector's identity card.\n\nTotalisator Licensing and Regulation Act 2000 49\n","sortOrder":103},{"sectionNumber":"101","sectionType":"section","heading":"Non-disclosure of information","content":"101 Non-disclosure of information\n(1) A person who, in the course of the administration of this Act,\nacquires information about a person's affairs or has custody of or\naccess to a document about a person's affairs must not:\n(a) make a record of the information;\n(b) directly or indirectly communicate the information to another\nperson; or\n(c) produce the document or a copy of it to another person,\nunless for the purposes of this Act, the Regulations or the Rules or\nto a prescribed person.\n(2) Subsection (1) applies to a person who is or was a person holding\nan office under this Act or carrying out duties for the purposes of\nthe administration of this Act.\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Institution of proceedings","content":"103 Institution of proceedings\n(1) Proceedings for an offence against this Act, the Regulations or the\nRules may not be commenced without the consent in writing of the\nDirector to do so.\n(2) In respect of the prosecution of a person for the alleged committal\nof an offence, the production in a court of a notice of consent\npurporting to be signed by the Director is sufficient evidence of the\nDirector's consent to the institution of proceedings for the offence\nwithout proof of the signature of the Director or the fact that the\nperson was the Director.\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Limitation period","content":"104 Limitation period\nA proceeding for an offence against this Act, the Regulations or the\nRules is to be instituted within 3 years after the alleged commission\nof the offence.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Prosecution of licensee for actions of employee","content":"105 Prosecution of licensee for actions of employee\n(1) If the actions of a person employed by a licensee in respect of the\nlicence constitute or allegedly constitute an offence against this Act,\nthe licensee may be prosecuted for the offence as if the licensee\nhad personally performed those actions.\n\nTotalisator Licensing and Regulation Act 2000 50\n(2) The prosecution of a licensee under subsection (1) does not affect\nthe liability in respect of the offence of the person employed who\ncarried out the actions constituting the offence.\n(3) It is a defence to a prosecution of a licensee for an offence referred\nto in subsection (1) if the licensee did not authorise (either\nexpressly or by implication) the actions of the person employed\nconstituting the offence.\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Criminal liability of executive officer of body corporate or club","content":"106 Criminal liability of executive officer of body corporate or club\n(1) An executive officer of a body corporate or club commits an offence\nif:\n(a) the body corporate or club commits an offence by\ncontravening a declared provision (a relevant offence) and\nthe officer knew, or could reasonably have been expected to\nhave known, that the contravention would happen; and\n(b) the officer was in a position to influence the conduct of the\nbody corporate or club in relation to the contravention; and\n(c) the officer failed to take reasonable steps to prevent the\ncontravention.\nMaximum penalty: The maximum penalty that may be imposed\non an individual for the relevant offence.\n(2) In deciding whether the executive officer took (or failed to take)\nreasonable steps to prevent the contravention, a court must\nconsider the following:\n(a) any action the officer took directed towards ensuring the\nfollowing (to the extent the action is relevant to the\ncontravention):\n(i) the body corporate or club arranged regular professional\nassessments of the body corporate's or club's\ncompliance with the declared provision;\n(ii) the body corporate or club implemented any appropriate\nrecommendation arising from an assessment under\nsubparagraph (i);\n(iii) the body corporate's or club's employees, agents and\ncontractors had a reasonable knowledge and\nunderstanding of the requirement to comply with the\ndeclared provision;\n\nTotalisator Licensing and Regulation Act 2000 51\n(b) any action the officer took when the officer became aware that\nthe contravention was, or could be, about to happen.\n(3) Subsection (2) does not limit the matters the court may consider.\n(4) This section does not affect the liability of the body corporate or\nclub.\n(5) This section applies whether or not the body corporate or club is\nprosecuted for, or found guilty of, the relevant offence.\n(6) This section does not apply if the body corporate or club would\nhave a defence to a prosecution for the relevant offence.\n(7) In this section:\ndeclared provision means:\n(a) section 35, 36, 110(1) or (2) or 115(4); or\n(b) a provision of the Regulations prescribed by regulation.\nexecutive officer, of a body corporate or club, means a director or\nother person who is concerned with, or takes part in, the\nmanagement of the body corporate or club.\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Self-incrimination","content":"107 Self-incrimination\n(1) A person is not excused from answering a question or producing a\ndocument or thing when required to do so under this Act on the\nground that the answer or production might tend to incriminate him\nor her or make him or her liable to a penalty.\n(2) The answer of or production by the person is not admissible against\nhim or her in any civil or criminal proceedings other than\nproceedings for false or misleading information relating to the\nanswer or production.\n\nTotalisator Licensing and Regulation Act 2000 52\n","sortOrder":109},{"sectionNumber":"Part 10","sectionType":"part","heading":"Restrictions relating to shareholding in","content":"Part 10 Restrictions relating to shareholding in\nlicensees\n","sortOrder":110},{"sectionNumber":"108","sectionType":"section","heading":"Interpretation","content":"108 Interpretation\n(1) In this Part, unless the contrary intention appears:\nassociate means:\n(a) an associate within the meaning of Division 2 of Part 1.2 of the\nCorporations Act 2001;\n(b) a prescribed person or a person who is a member of a\nprescribed class of persons; or\n(c) a person, not being a person referred to in paragraph (a)\nor (b), who the Minister declares, on the basis of information\ngiven or not given in compliance or non-compliance with a\nrequirement notice, to be an associate under section 114(1).\nbody corporate means a body corporate, corporation or company,\nincluding:\n(a) a body corporate of any kind wherever formed or incorporated\nand whether formed or incorporated under the Corporations\nAct 2001 or any other law;\n(b) a society, association or other body, wherever formed, that\nunder the law of the place where it was formed may sue or be\nsued or may hold property in the name of the secretary or\nsome other officer of the body or in the name of any trustee or\ntrustees; and\n(c) a society, association or other body, wherever formed, to\nwhich is applied with or without exceptions a law in force in the\nplace where it was formed relating to corporations or\ncompanies as if it were a corporation or company within the\nmeaning of that law.\nnotice does not include a requirement notice.\nprohibited holder means a person who the Minister declares\nunder section 114(1)(g) has a prohibited shareholding interest.\nprohibited shareholding interest means an interest that entitles a\nperson to exercise or to influence or control the exercise of the right\nto vote attached to the number of voting shares in a licensee that\n\nTotalisator Licensing and Regulation Act 2000 53\ntogether constitute more than the percentage of the total number of\nvoting shares in the licensee prescribed under section 111(1).\nrequirement notice means a notice given under section 112(1)\nrequiring a person to provide information to the Minister.\ntransaction means a transaction that:\n(a) is entered into or made in or outside the Territory;\n(b) relates to shares registered in or outside the Territory; or\n(c) is made and is enforceable under a law applying in the\nTerritory or elsewhere.\nvoting share means a voting share within the meaning of section 9\nof the Corporations Act 2001 to which a person is entitled under\nsection 608 of the Corporations Act 2001 as if in section 608 of the\nCorporations Act 2001:\n(a) a reference to an associate were a reference to an associate\nas defined in this section; and\n(b) a reference to a relevant interest were a reference to an\ninterest in a share that a person would have under Division 5\nof Part 1.1 of the Corporations Act 2001 if sections 33\nand 35(c) of that Division were disregarded.\n(2) A reference in this Part to the Corporations Act 2001 is a reference\nto the Corporations Act 2001 as it would apply if references in it to a\nbody corporate, corporation or company included references to a\nbody corporate as defined in this section.\n(3) A reference in this Part to the influence or control of the exercise of\nthe right to vote attached to a voting share is a reference to\ninfluence or control that is direct or indirect or is or can be exercised\nas a result of, by means of, in breach of or by revocation of trusts or\nrelevant agreements and practices (whether or not the trusts,\nagreements or practices are enforceable).\n","sortOrder":111},{"sectionNumber":"109","sectionType":"section","heading":"Exemption from application of Part","content":"109 Exemption from application of Part\n(1) The Regulations may exempt a person or class of persons from the\napplication of this Part.\n(2) An exemption under subsection (1) may be subject to conditions.\n\nTotalisator Licensing and Regulation Act 2000 54\n","sortOrder":112},{"sectionNumber":"Div 2","sectionType":"division","heading":"Offence of having or acquiring prohibited","content":"Division 2 Offence of having or acquiring prohibited\n","sortOrder":113},{"sectionNumber":"110","sectionType":"section","heading":"Person not to have prohibited shareholding interest","content":"110 Person not to have prohibited shareholding interest\n(1) A person must not have a prohibited shareholding interest.\n(2) A person must not act to acquire a prohibited shareholding interest.\n(3) If the shares of a person who is found guilty of an offence against\nsubsection (1) or (2) are forfeited to the Territory under Division 3,\nthe forfeiture of the shares is in addition to any penalty imposed on\nthe person.\nMaximum penalty: 1 000 penalty units.\n","sortOrder":114},{"sectionNumber":"111","sectionType":"section","heading":"Prohibited shareholding interest","content":"111 Prohibited shareholding interest\n(1) A person has a prohibited shareholding interest in a licensee if the\nperson has an interest that entitles the person to exercise or\ninfluence or control the exercise of the right to vote attached to the\nnumber of voting shares in the licensee that together constitute\nmore than the prescribed percentage of the total number of voting\nshares in the licensee.\n(2) The percentage prescribed under subsection (1) is to be less\nthan 20%.\n(3) The Regulations may:\n(a) prescribe an interest or a class of interests that give rise to\nprohibited shareholding interest;\n(b) prescribe the manner in which to establish whether a person\nhas a prohibited shareholding interest;\n(c) prescribe the percentage under subsection (1) in relation to a\nperson or a class of persons; and\n(d) exempt a person or a class of persons from compliance with\n(4) An exemption under subsection (3)(d) may be subject to conditions.\n\nTotalisator Licensing and Regulation Act 2000 55\n","sortOrder":115},{"sectionNumber":"112","sectionType":"section","heading":"Power to require information relating to entitlement to shares","content":"112 Power to require information relating to entitlement to shares\nin licensee\n(1) If the Minister believes on reasonable grounds that a person has, or\nis taking action to acquire, a prohibited shareholding interest in a\nlicensee, the Minister may, by notice in writing given to that person\nor any other person who the Minister believes on reasonable\ngrounds is entitled to shares in a licensee, require the person to\ngive the Director the information relating to entitlement to or\ninfluence or control of voting shares in the licensee specified in the\n(2) The person who is given the requirement notice must give the\ninformation to the Minister within 7 days after receiving the notice or\nwithin the other lesser period specified in the notice.\n(3) The requirement notice may require the person to whom it is given\nor, if the person is a body corporate, 2 directors or 2 executive or\nother officers of the body corporate to verify the information given to\nthe Minister by statutory declaration.\n","sortOrder":116},{"sectionNumber":"113","sectionType":"section","heading":"Compliance with requirement notice","content":"113 Compliance with requirement notice\n(1) A person who is given a requirement notice must comply with the\n(2) A person must not, in purporting to comply with a requirement\nnotice given to the person, knowingly give information that is false\nor misleading in a material particular.\n","sortOrder":117},{"sectionNumber":"114","sectionType":"section","heading":"Declarations by Minister","content":"114 Declarations by Minister\n(1) If:\n(a) on account of information given to the Minister in compliance\nwith a requirement notice or on other grounds – the Minister\nconsiders that a person has a prohibited shareholding interest\nin a licensee;\n(b) a person given a requirement notice does not comply with the\nnotice; or\n\nTotalisator Licensing and Regulation Act 2000 56\n(c) the Minister considers on reasonable grounds relating to\ninformation included in or omitted from a requirement notice\nthat a person has, in purporting to comply with a requirement\nnotice, given information that is false or misleading in a\nmaterial particular,\nthe Minister may, by notice in writing to the licensee to whom the\nrequirement notice relates, declare that:\n(d) the person is an associate of another person;\n(e) another person is an associate of the person;\n(f) the person or the other person referred to in paragraph (a)\nor (b) is entitled to exercise or to influence or control the\nexercise of the right to vote attached to the number of voting\nshares in the licensee specified in the notice; or\n(g) the person or the other person referred to in paragraph (a)\nor (b) has a prohibited shareholding interest in a licensee.\n(2) On giving notice under subsection (1), the Minister must also give\nnotice of his or her declaration under that subsection:\n(a) to the persons (other than the licensee) to whom the\ndeclaration refers; and\n(b) in the case of a declaration under subsection (1)(g), if that\nperson is not the person holding the voting shares to which\nthe declaration relates – to the holder of those voting shares.\n(3) A declaration under this section takes effect:\n(a) if the notices under subsections (1) and (2) are given on the\nsame day – on that day; or\n(b) if the notices are given on different days – on the day the last\nof the notices is given.\n","sortOrder":118},{"sectionNumber":"115","sectionType":"section","heading":"Prohibited holder not to exercise etc. voting rights","content":"115 Prohibited holder not to exercise etc. voting rights\n(1) A prohibited holder must not exercise or influence or control or take\naction to exercise or influence or control the exercise of any of the\nvoting rights that give rise to the prohibited holder's prohibited\nshareholding interest unless the Minister gives his or her approval\nto the prohibited holder to do so.\n(2) The Minister's approval may be subject to conditions.\n\nTotalisator Licensing and Regulation Act 2000 57\n(3) If the Minister gives his or her approval subject to conditions, the\nprohibited holder must comply with the conditions.\n(4) A prohibited holder must comply with this section until the disposal\nor forfeiture pursuant to section 116 of voting shares the subject of\nthe prohibited holder's prohibited shareholding interest.\nMaximum penalty: 1 000 penalty units or imprisonment for\n","sortOrder":119},{"sectionNumber":"116","sectionType":"section","heading":"Disposal and forfeiture of shares comprising prohibited","content":"116 Disposal and forfeiture of shares comprising prohibited\n(1) If the Minister makes a declaration under section 114(1)(g), the\nMinister may by notice in writing require that the prohibited holder\nor, if the prohibited holder is not the person who holds the voting\nshares referred to in the declaration, that other person to dispose\nof:\n(a) if, after the total number of the voting shares in respect of\nwhich the prohibited holder is entitled to exercise or to\ninfluence or control the exercise of voting rights were disposed\nof, the prohibited holder would continue to have a prohibited\nshareholding interest in the licensee – all those voting shares;\n(b) if the Minister considers (for whatever reason) that it is\nappropriate for the person to dispose of a number of voting\nshares that is less than the number of the voting shares\nreferred to in paragraph (a) or (c) – that number of shares; or\n(c) in any other case – the number of voting shares that would\nneed to be disposed of so that the prohibited holder would\ncease to have a prohibited shareholding interest in the\n(2) On the Minister giving notice requiring the disposal of voting shares\nunder subsection (1), the Minister must also give notice of the\nrequirement to dispose of voting shares to the licensee concerned.\n(3) The requirement to dispose of voting shares takes effect:\n(a) if the notices under subsections (1) and (2) are given at the\nsame time – on the giving of the notices; or\n(b) if the notices are given at different times – when the last of the\nnotices is given.\n(4) A person who is given a notice under subsection (1) is to be taken\nto have disposed of the voting shares required to be disposed of by\nthe notice only if the person ceases to hold the voting shares and,\n\nTotalisator Licensing and Regulation Act 2000 58\nin the case where the prohibited holder is not the holder of the\nvoting shares, the prohibited holder ceases to influence or control\nthe exercise of the right to vote attached to the voting shares.\n(5) If a person who is given a notice under subsection (1) does not\ndispose of the voting shares within the period specified in the\nnotice, the voting shares are, on the expiry of that period, forfeited\nto the Territory.\n","sortOrder":120},{"sectionNumber":"117","sectionType":"section","heading":"Further forfeiture","content":"117 Further forfeiture\n(1) If, because of a transaction entered into relating to voting shares in\na licensee:\n(a) a person who did not have a prohibited shareholding interest\nin the licensee before the transaction was entered into has or\nwould have on completion of the transaction a prohibited\nshareholding interest in the licensee; or\n(b) a person who had a prohibited shareholding interest in the\nlicensee before the transaction was entered into is or would be\non completion of the transaction entitled to exercise or\ninfluence or control the exercise of the right to vote attached to\na greater number of voting shares in the licensee than\nimmediately before the completion of the transaction,\nthe Minister may, by notice given to the parties to the transaction,\ndeclare that the voting shares in the licensee that are the subject of\nthe transaction are forfeited to the Territory.\n(2) Despite the forfeiture of voting shares under subsection (1), a\ntransaction referred to in that subsection is not illegal or void\nbecause of this Part.\n(3) On the Minister giving notice of a declaration that voting shares are\nforfeited to the Territory, the Minister must also give notice of the\ndeclaration to the licensee concerned.\n(4) The forfeiture of voting shares takes effect:\n(a) if the notices under this section relating to the forfeiture are\ngiven at the same time – on the giving of the notices; or\n(b) if the notices are given at different times – when the last of the\nnotices is given.\n","sortOrder":121},{"sectionNumber":"118","sectionType":"section","heading":"Sale of forfeited shares","content":"118 Sale of forfeited shares\n(1) The Minister must sell all voting shares forfeited to the Territory\nunder section 116 or 117.\n\nTotalisator Licensing and Regulation Act 2000 59\n(2) In selling the voting shares, the Minister is not affected by any\nrestriction on the sale of voting shares contained in the licensee's\nconstitution.\n(3) The proceeds from the sale of the voting shares are to be:\n(a) first – applied in payment of the reasonable costs of the\nforfeiture and sale;\n(b) secondly:\n(i) if the voting shares were transferred as a result of a\ntransaction referred to in section 116 and the transferor\nhas not received the full consideration agreed on with\nthe transferee – applied in payment to the transferor of\nthe amount or value of the consideration not received by\nthe transferor and to the transferee of any residue; or\n(ii) in any other case – paid to the person from whom the\nvoting shares were forfeited.\n","sortOrder":122},{"sectionNumber":"119","sectionType":"section","heading":"Content of notices given under this Division","content":"119 Content of notices given under this Division\nA notice given under this Division must specify:\n(a) the reasons for the declaration or requirement to dispose of\nvoting shares the subject of the notice;\n(b) that a person affected by the declaration or requirement may\napply to the Supreme Court for a review of the declaration or\nrequirement; and\n(c) the time within which the person may apply for a review.\n","sortOrder":123},{"sectionNumber":"120","sectionType":"section","heading":"Review by Supreme Court","content":"120 Review by Supreme Court\n(1) A person to whom a notice is given under Division 3 may apply to\nthe Supreme Court to review the declaration or requirement to\ndispose of voting shares the subject of the notice.\n(2) The application must be made within 21 days after the notice is\ngiven to the person.\n(3) The period within which an application for review may be made may\nnot be extended.\n\nTotalisator Licensing and Regulation Act 2000 60\n(4) The following persons are the parties to the hearing of an\napplication for review:\n(a) the applicant;\n(b) the Minister;\n(c) if the applicant is not the licensee to which the notice the\nsubject of the application relates – the licensee;\n(d) any other person or persons to whom the notice was given by\nthe Minister under the Division 3.\n(5) The Supreme Court may hear an application for review in the\nabsence of a party referred to in subsection (4)(d).\n","sortOrder":124},{"sectionNumber":"121","sectionType":"section","heading":"Review proceedings may be closed","content":"121 Review proceedings may be closed\nThe Supreme Court may order the hearing of an application for\nreview or part of an application for review is not to be heard in open\ncourt and, on the making of the order, persons who are not parties\nto the proceedings and not the parties' counsel, solicitors or\nrepresentatives are, unless permitted to be present by the Court,\nexcluded during the hearing of the application or the part of the\napplication.\n","sortOrder":125},{"sectionNumber":"122","sectionType":"section","heading":"Powers of Supreme Court","content":"122 Powers of Supreme Court\n(1) In determining an application under this Division, the Supreme\nCourt may:\n(a) affirm the declaration or requirement the subject of the notice;\n(b) if satisfied that proper grounds for making the declaration or\nimposing the requirement do not exist – vary or quash the\ndeclaration or requirement; or\n(c) remit the matter to the Minister for re-consideration,\nand make any other order or orders as to costs as it considers\nappropriate.\n(2) An order under subsection (1) quashing or varying a declaration or\nrequirement may have effect from the date that the notice making\nthe declaration or imposing the requirement took effect or from a\nlater date as the Supreme Court considers just and specifies in the\norder.\n\nTotalisator Licensing and Regulation Act 2000 61\n","sortOrder":126},{"sectionNumber":"123","sectionType":"section","heading":"Operation of Minister's declarations and requirements until","content":"123 Operation of Minister's declarations and requirements until\nreview determined\n(1) A notice making a declaration that is the subject of an application\nunder section 119 continues to have effect during the conduct of\nthe review.\n(2) The operation of a notice requiring a person to dispose of shares in\na licensee or a notice declaring that shares in a licensee are\nforfeited to the Territory that is the subject of an application under\nsection 119 ceases to have effect:\n(a) if there is the applicant and one other party only – on the day\nthe application is served on the other party;\n(b) if there is the applicant and more than one other party and the\napplication is served on the other parties on the same day –\non that day; or\n(c) if there is the applicant and more than one other party and the\napplication is served on the other parties on different days –\non the last day on which the application is served,\nuntil and unless the Supreme Court makes an order affirming the\nrequirement.\n","sortOrder":127},{"sectionNumber":"124","sectionType":"section","heading":"Limitation of legal liability","content":"124 Limitation of legal liability\n(1) A person is not liable, and no civil or criminal proceeding lies\nagainst the person, for or in relation to any loss, damage or injury of\nany kind suffered by another person as a result of any of the\nfollowing done in good faith:\n(a) making a complaint under section 69;\n(b) making a statement, providing any information, whether by\nanswering a question or otherwise, or producing any\ndocument for the purposes of this Act, the Regulations or the\nRules;\n(c) making a report under this Act;\n(d) providing a copy of a report to a person under this Act;\n\nTotalisator Licensing and Regulation Act 2000 62\n(e) doing or omitting to do an act or thing by a person in his or her\ncapacity as inspector in the exercise or purported exercise of\na power or the performance or purported performance of a\nfunction under this Act of an inspector;\n(ea) doing or omitting to do an act or thing by a person in the\nperson's capacity as the Director in the exercise or purported\nexercise of a power or the performance or purported\nperformance of a function under this Act of the Director;\n(f) doing or omitting to do any other act in the exercise or\npurported exercise of a power or the performance or purported\nperformance of a function under this Act or otherwise for the\npurposes of this Act.\n(2) The onus of proving a lack of good faith is on the person alleging it.\n","sortOrder":128},{"sectionNumber":"125","sectionType":"section","heading":"Giving or lodgement of notice and applications","content":"125 Giving or lodgement of notice and applications\nA document that is required or permitted to be given, delivered,\ngranted or issued to or lodged with a person under this Act may be\ngiven, delivered, granted, issued or lodged personally or by post.\n","sortOrder":129},{"sectionNumber":"126","sectionType":"section","heading":"Duplicate licence","content":"126 Duplicate licence\n(1) If, on the application of a licensee, the Director is satisfied that a\nlicence or temporary licence has been destroyed, lost or stolen, the\nDirector may issue a duplicate licence to the licensee.\n(2) An application for a duplicate licence is to be:\n(a) in a form approved by the Director; and\n(b) accompanied by the prescribed fee.\n","sortOrder":130},{"sectionNumber":"127","sectionType":"section","heading":"Regulations","content":"127 Regulations\n(1) The Administrator may make regulations, not inconsistent with this\nAct, prescribing matters that are:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n(2) Without limiting subsection (1), the Regulations may:\n(a) prescribe fees payable under the Act or the manner in which\nfees payable under this Act are to be calculated; and\n\nTotalisator Licensing and Regulation Act 2000 63\n(b) prescribe the manner in which the Director may promote\nresponsible wagering; and\n(c) authorise a licensee or licensee's agent or operator to control\nthe conduct of persons on the licensee's premises or the\npremises of the agent and to remove persons from the\npremises; and\n(d) prescribe procedures for the conduct of arbitration under\n","sortOrder":131},{"sectionNumber":"Div 5","sectionType":"division","heading":"of Part 7 and provide for payment of the costs","content":"Division 5 of Part 7 and provide for payment of the costs\nassociated with the conduct of arbitration; and\n(g) prescribe penalties not exceeding 100 penalty units for\noffences against the Regulations; and\n(h) designate an offence against a regulation as a regulatory\noffence.\n(3) The Regulations may:\n(a) require a matter or thing referred to in the Regulations to be\napproved by or done to the satisfaction of the Director; and\n(b) confer a discretion on the Director.\n","sortOrder":132},{"sectionNumber":"128","sectionType":"section","heading":"Acquisition to be on just terms","content":"128 Acquisition to be on just terms\n(1) If the application of a provision of this Act or an instrument of a\nlegislative or administrative character made under this Act would,\nbut for this section result in an acquisition of property otherwise\nthan on just terms, the person from whom the property is acquired\nis entitled to receive just compensation for the acquisition.\n(2) A court of competent jurisdiction may determine the amount of the\ncompensation or make the order that, in its opinion, is necessary to\nensure that the acquisition is on just terms.\nPart 12 Transitional matters for Licensing\n(Director-General) Act 2014\n129 Definitions\n2014 Acts means the Licensing (Director-General) Act 2014 and\n2014 Amending Act.\n\nTotalisator Licensing and Regulation Act 2000 64\n","sortOrder":133},{"sectionNumber":"2014","sectionType":"section","heading":"Amending Act means the Licensing (Repeals and","content":"2014 Amending Act means the Licensing (Repeals and\nConsequential Amendments) Act 2014.\nauthority means the authority as defined in section 3 as in force\nimmediately before the commencement.\ncommencement means the commencement of section 22 of the\nLicensing (Director-General) Act 2014.\nNTLC Act means the Northern Territory Licensing Commission Act\nas in force immediately before the commencement.\nNTLC Director means the Director as defined in section 3 of the\nNTLC Act.\nold legislation means the NTLC Act and this Act, as in force\nimmediately before the commencement.\n","sortOrder":134},{"sectionNumber":"130","sectionType":"section","heading":"Application to authority – not yet considered","content":"130 Application to authority – not yet considered\n(a) an application had been made under this Act for a decision to\nbe made by the authority; but\n(b) the authority had not commenced active consideration of the\napplication.\n(2) The application:\n(a) is taken to be an application made on the commencement for\nthe decision to be made by the Director-General; and\n(b) must be dealt with and determined in accordance with this Act\nas amended by the 2014 Amending Act.\nNote for section 130\nThe Director-General's decision on the application will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\n","sortOrder":135},{"sectionNumber":"131","sectionType":"section","heading":"Application to authority – under active consideration","content":"131 Application to authority – under active consideration\n(a) an application had been made under this Act for a decision to\nbe made by the authority and the authority had commenced\nactive consideration of the application; but\n\nTotalisator Licensing and Regulation Act 2000 65\n(b) the authority had not made a decision.\n(2) The authority must deal with and determine the application in\naccordance with the old legislation as if the 2014 Acts had not\n(3) However, the authority's decision is then taken to have been made\nby the Director-General.\nNote for section 131(3)\nAs the decision will be made after the commencement and will be taken to be a\ndecision of the Director-General, it may be a reviewable decision.\n","sortOrder":136},{"sectionNumber":"132","sectionType":"section","heading":"Active consideration","content":"132 Active consideration\nRegulations may make provision for determining when active\nconsideration of an application commences for this Division.\n","sortOrder":137},{"sectionNumber":"Div 3","sectionType":"division","heading":"Review of decisions","content":"Division 3 Review of decisions\n","sortOrder":138},{"sectionNumber":"133","sectionType":"section","heading":"New review regime applies to post-commencement decisions","content":"133 New review regime applies to post-commencement decisions\nPart 8, as amended by the 2014 Amending Act, applies only in\nrelation to decisions made after the commencement.\n","sortOrder":139},{"sectionNumber":"134","sectionType":"section","heading":"New complaints regime applies to post-commencement","content":"134 New complaints regime applies to post-commencement\ncomplaints\nSubject to section 135, Part 7, Division 2 as amended by the 2014\nAmending Act applies only in relation to complaints made after the\ncommencement.\n","sortOrder":140},{"sectionNumber":"135","sectionType":"section","heading":"Complaint made before commencement – pending action","content":"135 Complaint made before commencement – pending action\n(a) a complaint had been made under section 69 as then in force;\nbut\n(b) the NTLC Director had not forwarded the complaint to the\nauthority under section 69(3)(c) as then in force.\n(2) The complaint:\n(a) is taken to have been made to the Director-General on the\ncommencement; and\n\nTotalisator Licensing and Regulation Act 2000 66\n(b) must be dealt with and determined in accordance with Part 7,\nDivision 2 as amended by the 2014 Amending Act.\nNote for section 135\nThe Director-General's decision on the complaint will be a decision made after\nthe commencement and may therefore be a reviewable decision or a decision to\nwhich Part 3 of the Licensing (Director-General) Act 2014 applies.\n","sortOrder":141},{"sectionNumber":"136","sectionType":"section","heading":"Complaint made before commencement – complaint being","content":"136 Complaint made before commencement – complaint being\ndealt with\n(a) the NTLC Director had forwarded a complaint to the authority\nunder section 69(3)(c), as then in force; but\n(b) the authority had not made a determination about the\ncomplaint under section 70, as then in force.\n(2) The authority and NTLC Director must deal with and determine the\ncomplaint in accordance with the old legislation as if the 2014 Acts\nhad not commenced.\n(3) If the authority determines a complaint as mentioned in\nsubsection (2):\n(a) section 137 applies in relation to the authority's determination\nas if it had been made before the commencement; and\napply in relation to the determination.\n","sortOrder":142},{"sectionNumber":"137","sectionType":"section","heading":"Right to request hearing arising before commencement","content":"137 Right to request hearing arising before commencement\n(a) a person had been entitled under section 82 or 83, as then in\nforce, to request a hearing in relation to a decision or direction\nand the period for requesting the hearing had not expired; but\n(b) a request for a hearing had not been made.\n(2) The person may request a hearing in relation to the decision or\ndirection under the old legislation as if the 2014 Acts had not\n\nTotalisator Licensing and Regulation Act 2000 67\n(3) The authority must conduct the hearing and make a decision in\naccordance with the old legislation as if the 2014 Acts had not\n(4) If the authority makes a decision as mentioned in subsection (3):\n(a) section 139 applies in relation to the authority's decision as if it\nhad been made before the commencement; and\napply in relation to the decision.\n","sortOrder":143},{"sectionNumber":"138","sectionType":"section","heading":"Hearing requested before commencement","content":"138 Hearing requested before commencement\n(a) a request for a hearing had been made under section 82\nor 83, as then in force; but\n(b) the authority had not made a decision under section 87, as\nthen in force.\n(2) The authority must make its decision in accordance with the old\nlegislation as if the 2014 Acts had not commenced.\n(3) If the authority makes a decision as mentioned in subsection (2):\n(a) section 139 applies in relation to the authority's decision as if it\nhad been made before the commencement; and\napply in relation to the decision.\n","sortOrder":144},{"sectionNumber":"139","sectionType":"section","heading":"Appeal against decision at hearing – appeal not yet","content":"139 Appeal against decision at hearing – appeal not yet\ncommenced\n(a) the authority had made a decision at a hearing and the period\nfor commencing an appeal against the decision in the Local\nCourt under Part 7, Division 3, as then in force, had not\nexpired; but\n(b) an appeal had not been commenced.\n(2) A person who would have been entitled to appeal against the\ndecision under the old legislation may do so under the old\nlegislation, as if the 2014 Acts had not commenced.\n(3) The Local Court must hear and determine the appeal in accordance\nwith the old legislation as if the 2014 Acts had not commenced.\n\nTotalisator Licensing and Regulation Act 2000 68\n","sortOrder":145},{"sectionNumber":"140","sectionType":"section","heading":"Appeal against decision at hearing – appeal commenced","content":"140 Appeal against decision at hearing – appeal commenced\n(a) an appeal against a decision made at a hearing had been\nmade to the Local Court; but\n(b) the Local Court had not determined the appeal.\n(2) The Local Court must hear and determine the appeal in accordance\nwith the old legislation as if the 2014 Acts had not commenced.\n","sortOrder":146},{"sectionNumber":"141","sectionType":"section","heading":"Continuation of ongoing documents and things","content":"141 Continuation of ongoing documents and things\n(1) This section applies if:\n(a) before the commencement, a power or function was conferred\nby this Act on an NTLC entity; and\n(b) on the commencement, the power or function (or a\nsubstantially similar power or function) is conferred on the\n(2) On the commencement, an ongoing document continues with the\nsame force and effect as if it had been issued by, or given to, the\n(3) On the commencement, an ongoing thing continues with the same\nforce and effect as if it had been done by, or in relation to, the\n(4) This section applies subject to the other provisions of this Part and\nPart 5, Division 2 of the Licensing (Director-General) Act 2014.\n(5) In this section, a reference to something done before the\ncommencement includes a reference to something done after the\ncommencement in accordance with this Part as if it had been done\nbefore the commencement.\n(6) In this section:\nNTLC entity means the authority, the NTLC Director or the\nChairperson (as defined in section 3 of the NTLC Act).\n\n","sortOrder":147},{"sectionNumber":"Part 13","sectionType":"part","heading":"Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015","content":"Part 13 Transitional matters for Statute Law Amendment (Directors' Liability) Act 2015\nTotalisator Licensing and Regulation Act 2000 69\nongoing document means a document that:\n(a) was issued by, or given to, the NTLC entity in or for the\nexercise of the power or performance of the function before\n(b) immediately before the commencement, had ongoing effect.\nongoing thing means a thing that:\n(a) was done by, or in relation to, the NTLC entity in or for the\nexercise of the power or performance of the function before\n(b) immediately before the commencement, had ongoing effect.\nPart 13 Transitional matters for Statute Law\nAmendment (Directors' Liability) Act 2015\n","sortOrder":148},{"sectionNumber":"142","sectionType":"section","heading":"Offences – before and after commencement","content":"142 Offences – before and after commencement\n(1) Section 106, as inserted by the Statute Law Amendment (Directors'\nLiability) Act 2015, (the new section) applies in relation to a\nrelevant offence committed by a body corporate or club after the\ncommencement of Part 2, Division 38 of that Act (the\ncommencement) only if:\n(a) all the conduct constituting the relevant offence occurred after\n(b) all the conduct of the executive officer constituting the offence\nagainst the new section occurred after the commencement.\n(2) Section 106, as in force before the commencement:\n(a) continues to apply in relation to offences committed or\nallegedly committed by a club, company or other body\ncorporate before the commencement; and\n(b) applies in relation to relevant offences committed by a body\ncorporate or club after the commencement to which, as a\nresult of subsection (1), the new section does not apply.\n\nPart 14 Transitional matters for Licensing (Director-General) Repeal Act 2020\nTotalisator Licensing and Regulation Act 2000 70\nPart 14 Transitional matters for Licensing\n(Director-General) Repeal Act 2020\n143 Definitions\ncommencement means the commencement of section 3 of the\nLicensing (Director-General) Repeal Act 2020.\nDirector-General means the Director-General of Licensing\nappointed under the repealed Act before its repeal.\nrepealed Act means the Licensing (Director-General) Act 2014.\n","sortOrder":149},{"sectionNumber":"144","sectionType":"section","heading":"Applications to be decided by Director","content":"144 Applications to be decided by Director\nIf an application is made to the Director-General for a decision to be\nmade under this Act but the decision is not made before the\ncommencement, the application must be decided by the Director as\nif it was made to the Director.\n","sortOrder":150},{"sectionNumber":"145","sectionType":"section","heading":"Director to complete delegate decision reviews","content":"145 Director to complete delegate decision reviews\nIf an application is made to the Director-General for a review under\n","sortOrder":151},{"sectionNumber":"Part 3","sectionType":"part","heading":"of the repealed Act of a delegate decision made under this","content":"Part 3 of the repealed Act of a delegate decision made under this\nAct, but the review is not completed before the commencement, the\nreview must be conducted by the Director as if the application was\nmade to the Director.\n","sortOrder":152},{"sectionNumber":"146","sectionType":"section","heading":"Continuation of instruments, appointments, documents etc.","content":"146 Continuation of instruments, appointments, documents etc.\n(1) A statutory instrument or other instrument, an appointment, an\napproved form or any other document made or issued by the\nDirector-General under this Act or the repealed Act before the\ncommencement continues in force and is taken after the\ncommencement to have been made or issued by the Director.\n(2) Without limiting subsection (1), a delegation by the Director-General\nunder this Act or the repealed Act in force immediately before the\ncommencement is taken after the commencement to be a\ndelegation by the Director and continues in force until amended or\nrevoked under this Act.\n\n","sortOrder":153},{"sectionNumber":"Part 14","sectionType":"part","heading":"Transitional matters for Licensing (Director-General) Repeal Act 2020","content":"Part 14 Transitional matters for Licensing (Director-General) Repeal Act 2020\nTotalisator Licensing and Regulation Act 2000 71\n","sortOrder":154},{"sectionNumber":"147","sectionType":"section","heading":"Complaints about licensee to be considered and decided by","content":"147 Complaints about licensee to be considered and decided by\nDirector\nIf the Director-General receives a complaint under section 69 that is\nnot considered and decided under section 70 before the\ncommencement, the complaint must be considered and decided\nunder section 70 as if it was made to the Director.\n\nTotalisator Licensing and Regulation Act 2000 72\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\nTotalisator Licensing and Regulation Act 2000 (Act No. 15, 2000)\nAssent date 6 June 2000\nCommenced 12 June 2000 (s 2, s 2 Sale of NT TAB Act 2000 (Act No. 14,\n2000) and Gaz S26, 9 June 2000)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nLaw Reform (Gender, Sexuality and De Facto Relationships) Act 2003 (Act No. 1, 2004)\nAssent date 7 January 2004\nCommenced 17 March 2004 (Gaz G11, 17 March 2004, p 8)\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007; rem: 17 May 2007 (s 2 and Gaz G26,\n27 June 2007, p 3)\nRevenue Law Reform (Budget Initiatives) Act 2008 (Act No. 23, 2008)\nAssent date 30 June 2008\nCommenced pt 1, ss 3, 12(1), 18 and 19: 1 January 2008; ss 7, 10\nand 11(1): 6 May 2008; rem: 1 July 2008 (s 2)\nPersonal Property Securities (National Uniform Legislation) Implementation Act 2010\n(Act No. 30, 2010)\nAssent date 9 September 2010\nCommenced ss 58 to 60: 30 January 2012 (Gaz S2, 24 January 2012);\nrem: 25 November 2011 (Gaz S68, 25 November 2011)\n\nTotalisator Licensing and Regulation Act 2000 73\nPenalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)\nAssent date 18 November 2010\nCommenced 1 February 2011 (Gaz S6, 1 February 2011)\nLicensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)\nAssent date 5 December 2014\nCommenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)\nStatute Law Amendment (Directors' Liability) Act 2015 (Act No. 26, 2015)\nAssent date 18 September 2015\nCommenced 14 October 2015 (Gaz G41, 14 October 2015, p 3)\nLocal Court (Related Amendments) Act 2016 (Act No. 8, 2016)\nAssent date 6 April 2016\nCommenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related\nAmendments) Act 2016 (Act No. 9, 2016) and Gaz S34,\n29 April 2016)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nLicensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)\nAssent date 9 March 2020\nCommenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\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)\nStatute Law Revision and Repeals Act 2026 (Act No. 3, 2026)\nAssent date 9 February 2026\nCommenced 10 February 2026 (s 2)\n3 SAVINGS AND TRANSITIONAL PROVISIONS\ns 81 Law Reform (Gender, Sexuality and De Facto Relationships) Act 2003\n(Act No. 1, 2004)\n4 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22, 2018) to: ss 1, 3, 8, 17, 18, 32, 33, 38, 47,\n75, 76, 82, 83, 84, 85, 92, 130, 135 and 141.\n\nTotalisator Licensing and Regulation Act 2000 74\n5 LIST OF AMENDMENTS\ns 3 amd No. 1, 2004, s 62; No. 44, 2014, s 133; No. 4, 2020, s 62; No. 26, 2020,\ns 3; No. 8, 2024, s 341; No. 3, 2026, s 64\npt 2 hdg amd No. 44, 2014, s 144\npt 2\ndiv 1 hdg om No. 44, 2014, s 144\ns 5 rep No. 44, 2014, s 134\nrep No. 4, 2020, s 63\ns 6 amd No. 44, 2014, s 144; No. 4, 2020, s 64\ns 7 amd No. 44, 2014, s 144; No. 4, 2020, s 65\npt 2\ndiv 2 hdg om No. 44, 2014, s 144\ns 8 sub No. 44, 2014, s 135\nsub No. 4, 2020, s 66\nss 8A – 8B ins No. 4, 2020, s 66\ns 9 rep No. 44, 2014, s 135\ns 10 amd No. 44, 2014, s 136; No. 4, 2020, s 67\ns 11 rep No. 44, 2014, s 137\ns 12 amd No. 44, 2014, s 144; No. 4, 2020, s 68\ns 13 amd No. 4, 2020, s 75\ns 14 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 15 amd No. 38, 2010, s 3; No. 44, 2014, s 144; No. 4, 2020, s 75\ns 16 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 17 amd No. 44, 2014, s 144; No. 4, 2020, s 75; No. 3, 2026, s 64\nss 18 – 23 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 23A ins No. 30, 2010, s 51\ns 26 amd No. 38, 2010, s 3; No. 44, 2014, s 144; No. 4, 2020, s 75\ns 27 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 28 amd No. 44, 2014, s 138;No. 4, 2020, s 75\ns 29 amd No. 44, 2014, s 144\ns 30 amd No. 38, 2010, s 3; No. 44, 2014, s 144; No. 4, 2020, s 75\ns 31 amd No. 44, 2014, s 144; No. 4, 2020, s 75\npt 3A hdg ins No. 8, 2024, s 342\nss 31A – 31D ins No. 8, 2024, s 342\nss 32 – 34 amd No. 23, 2008, s 21\nss 35 – 36 amd No. 23, 2008, s 21; No. 38, 2010, s 3\nss 38 – 39 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 40 amd No. 38, 2010, s 3\nss 41 – 44 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 45 amd No. 38, 2010, s 3; No. 44, 2014, s 144; No. 4, 2020, s 75\ns 46 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 48 amd No. 44, 2014, s 144; No. 4, 2020, s 75\nss 50 – 52 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 53 amd No. 38, 2010, s 3; No. 44, 2014, s 144; No. 4, 2020, s 75\ns 54 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 58 amd No. 8, 2016, s 34\ns 59 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 60 amd No. 38, 2010, s 3\ns 61 amd No. 38, 2010, s 3; No. 44, 2014, s 144, No. 4, 2020, s 75\nss 62 – 67 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 69 amd No. 44, 2014, s 139; No. 4, 2020, s 75\ns 70 amd No. 18, 2002, s 6; No. 4, 2020, s 75\nsub No. 44, 2014, s 140\nss 71 – 72 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 73 sub No. 44, 2014, s 141\namd No. 4, 2020, s 75\n\nTotalisator Licensing and Regulation Act 2000 75\ns 74 rep No. 44, 2014, s 141\ns 75 amd No. 44, 2014, s 144; No. 4, 2020, s 69\ns 76 amd No. 18, 2002, s 6; No. 7, 2007, s 16\nss 79 – 81 amd No. 44, 2014, s 144; No. 4, 2020, s 75\npt 8 hdg sub No. 44, 2014, s 142; No. 4, 2020, s 70\npt 8\ndiv 1 hdg rep No. 44, 2014, s 142\nss 82 – 85 sub No. 44, 2014, s 142; No. 4, 2020, s 70\npt 8\ndiv 2 hdg rep No. 44, 2014, s 142\nss 86 – 87 rep No. 44, 2014, s 142\nins No. 4, 2020, s 70\npt 8\ndiv 3 hdg rep No. 44, 2014, s 142\nss 88 – 89 rep No. 44, 2014, s 142\nins No. 4, 2020, s 70\ns 90 rep No. 44, 2014, s 142\ns 91 amd No. 38, 2010, s 3\ns 92 amd No. 38, 2010, s 3; No. 29, 2019, s 423\ns 93 amd No. 38, 2010, s 3; No. 44, 2014, s 144\ns 94 amd No. 38, 2010, s 3\nss 96 – 101 amd No. 38, 2010, s 3\ns 102 rep No. 8, 2016, s 35\ns 103 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 106 sub No. 26, 2015, s 118\ns 108 amd No. 17, 2001, s 21\ns 110 amd No. 38, 2010, s 3\ns 112 amd No. 44, 2014, s 144; No. 4, 2020, s 75\ns 113 amd No. 38, 2010, s 3\ns 115 amd No. 38, 2010, s 3\ns 124 amd No. 4, 2020, s 71\ns 126 amd No. 44, 2014, s 144; No. 4, 2020, s 72\ns 127 amd No. 44, 2014, s 144; No. 4, 2020, s 73\npt 12 hdg ins No. 44, 2014, s 143\ndiv 1 hdg ins No. 44, 2014, s 143\ns 129 ins No. 44, 2014, s 143\ndiv 2 hdg ins No. 44, 2014, s 143\nss 130 – 132 ins No. 44, 2014, s 143\ndiv 3 hdg ins No. 44, 2014, s 143\ns 133 ins No. 44, 2014, s 143\ndiv 4 hdg ins No. 44, 2014, s 143\nss 134 – 136 ins No. 44, 2014, s 143\ndiv 5 hdg ins No. 44, 2014, s 143\nss 137 – 140 ins No. 44, 2014, s 143\ndiv 6 hdg ins No. 44, 2014, s 143\ns 141 ins No. 44, 2014, s 143\npt 13 hdg ins No. 26, 2015, s 119\ns 142 ins No. 26, 2015, s 119\npt 14 hdg ins No. 4, 2020, s 74\nss 143 – 147 ins No. 4, 2020, s 74","sortOrder":155}],"analysis":{"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":true,"description":"The Act's operational scope has been expanded from a general totalisator licensing regime to include specific country race meet totalisator licences (Part 3A: ss31A–31D) and a detailed regime restricting and policing shareholdings in licensees (Part 10: ss108–119, 115–118). Administrative powers have been centralised in the Director (ss5–7) and transitional Parts (12–14) reallocate decision processes and review pathways, increasing the Act's regulatory reach and ownership controls."},"complexity_factors":["Broad discretionary powers vested in the Director to grant/refuse licences, impose conditions, vary, suspend or cancel licences and make Rules (ss5-6, 20, 26-27, 46, 71-73).","Licence grant finality for grants/refusals (non‑justiciable decision) increases administrative decisiveness and legal complexity (s20(5)).","Layered review and dispute routes with delegate reviews, Director reviews, NTCAT and Supreme Court for different decisions (Part 8: ss82-89; ss120-123).","Extensive inspector powers including entry, search, seizure, detention, electronic access and forfeiture of machinery or documents (ss50-56, 56(2)(d),(k), 58-66).","Detailed compliance, reporting and recordkeeping obligations for licensees, audits and recoverable cost orders (ss36, 38-41, 45, 41).","Wagering tax regime which applies Taxation Administration Act 2007 rules and monthly returns with short payment windows (ss33-36).","Complex shareholding controls that reference Corporations Act concepts, allow Ministerial requirement notices, declarations, disposal requirements and forfeiture/sale of shares (Part 10: ss108-119, 115-118).","Multiple delegated instruments and rule‑making routes including adoption of external rules/specifications (s46(3)) and approved forms (s8B), increasing regulatory layering.","Criminal and corporate liability regimes including executive liability and strict evidentiary provisions (ss98-106, 106 as to executive officers).","Numerous transitional and amendment provisions (Parts 12–14 and endnotes) that alter administrative arrangements and add specialised licence types (e.g. Part 3A)."],"plain_english_summary":"This Act creates a licensing and regulatory regime for pari‑mutuel (totalisator) wagering in the Northern Territory. A Director is appointed to grant, condition, suspend or cancel licences, make Rules, inspect operations and supervise licensees; licensees must keep records, undergo audits and pay wagering tax. It affects licensees, their agents and operators, bettors (including at country race meets under Part 3A) and significant shareholders (subject to Part 10 limits). Those persons bear compliance, reporting and tax costs and may face ownership or operational limits."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"_metrics":{"provider":"moonshot","completionTokens":3636},"content_quality":"ok","complexity_score":7,"scope_assessment":{"changed":true,"description":"While the Act remains focused on licensing totalisators, its scope has expanded significantly beyond basic operational regulation. It now includes intricate corporate governance controls (Part 10 shareholding restrictions resembling takeovers law), specific provisions for rural/country race meetings (Part 3A), and extensive transitional machinery to handle bureaucratic restructuring. The shareholding restrictions in particular impose a complex regime controlling corporate ownership that goes well beyond standard licensing conditions."},"complexity_factors":["14 Parts with multiple Divisions covering licensing, taxation, enforcement, shareholding restrictions, and transitional matters","Recursive definition of 'associate' in section 3 that includes family members, business partners, trustees, and corporations under common control","Heavy integration with Commonwealth legislation (Corporations Act 2001, Taxation Administration Act 2007, Personal Property Securities Act 2009) requiring knowledge of external statutory concepts","Complex multi-stage review pathways: initial delegate decision → review by Director → appeal to NTCAT","Detailed corporate governance controls in Part 10 (shareholding restrictions) involving ministerial declarations, forfeiture mechanisms, and Supreme Court review","Extensive transitional provisions (Parts 12, 13, and 14) managing three separate administrative restructures (2014, 2015, and 2020) with conditional logic for pending applications and complaints","Conditional enforcement powers for inspectors involving warrants, consent requirements, and seizure/forfeiture procedures"],"plain_english_summary":"This is the Northern Territory's law that controls **totalisator betting** (also called pari-mutuel betting). This is the system where all bets on a race or event are pooled together, the operator takes a commission, and the rest is divided among the winners — like the TAB.\n\n**What the law does**\nIt makes running a totalisator illegal without a licence, and creates a strict system to regulate licensed operators. The **Director of Totalisator Licensing and Regulation** oversees the industry. They can grant or refuse licences, set rules for how betting works, determine which sports or races can be wagered on, and appoint inspectors to enforce the law.\n\n**Getting and keeping a licence**\nApplicants must prove they are \"fit and proper\" people. The Director investigates their criminal history, financial stability, business reputation, and the character of their **associates** (a broad term covering family members, business partners, company directors, and anyone with influence over the business). Licences can be granted exclusively (giving one operator a monopoly in an area), and they come with strict conditions. Operators must pay a monthly **wagering tax** based on their commission, keep detailed financial records for five years, and submit to audits. They cannot transfer their licence to someone else without approval.\n\n**Enforcement and complaints**\n**Totalisator inspectors** have broad powers to enter betting premises (with or without a warrant in urgent cases), inspect machines and documents, seize equipment suspected of being used illegally, and require people to answer questions. If a member of the public complains about a licensee, the Director can fine the operator, issue binding directions, suspend the licence for up to six months, or cancel it entirely. If a licence is cancelled, the Director can issue a **temporary licence** to someone else to keep betting services running.\n\n**Ownership restrictions**\nThe law strictly limits who can own shares in a betting company to prevent hidden control. Generally, no person (or their associates) can hold or control voting shares exceeding a prescribed percentage (less than 20%) of a licensee. If someone breaches this, the Minister can declare them a **prohibited holder**, force them to sell their shares, or forfeit the shares to the Territory.\n\n**Offences and penalties**\nOperating without a licence is a serious offence carrying heavy fines and potential imprisonment. Other offences include allowing children under 18 to bet, cheating, giving false information to the Director, and company executives failing to ensure their business complies with the Act.\n\n**Appeals**\nIf the Director makes a decision against you (such as refusing a licence), you can first ask for an internal review. If you are still dissatisfied, you can appeal to the **Northern Territory Civil and Administrative Tribunal (NTCAT)**.\n\n**Who it affects**\nBetting operators, racing clubs, punters, corporate investors in wagering companies, and the regulators themselves."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"}},"importantCases":[],"_links":{"self":"/api/acts/totalisator-licensing-and-regulation-act-2000","history":"/api/acts/totalisator-licensing-and-regulation-act-2000/history","analysis":"/api/acts/totalisator-licensing-and-regulation-act-2000/analysis","conflicts":"/api/acts/totalisator-licensing-and-regulation-act-2000/conflicts","importantCases":"/api/acts/totalisator-licensing-and-regulation-act-2000/important-cases","documents":"/api/acts/totalisator-licensing-and-regulation-act-2000/documents"}}