{"id":"totalisator-licensing-and-regulation-arbitration-regulations-2000","name":"TOTALISATOR LICENSING AND REGULATION (ARBITRATION) REGULATIONS 2000","slug":"totalisator-licensing-and-regulation-arbitration-regulations-2000","collection":"regulation","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":177197,"registerId":"nt-totalisator-licensing-and-regulation-arbitration-regulations-2000-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"TOTALISATOR LICENSING AND REGULATION (ARBITRATION) REGULATIONS 2000","content":"NORTHERN TERRITORY OF AUSTRALIA\nTOTALISATOR LICENSING AND REGULATION (ARBITRATION)\nREGULATIONS 2000\nAs in force at 14 April 2020\nTable of provisions\n1 Citation ............................................................................................ 1\n2 Definitions ........................................................................................ 1\n3 Commencement of arbitration ......................................................... 1\n4 Preliminary investigation .................................................................. 2\n5 Arbitration ........................................................................................ 2\n6 Resolution by agreement ................................................................. 2\n7 Determination by arbitrator .............................................................. 3\n8 Costs of parties................................................................................ 3\n9 Arbitrator: powers ............................................................................ 3\n10 Arbitrator: costs and assistance....................................................... 4\n11 Procedural fairness.......................................................................... 4\n12 Informality of procedures ................................................................. 4\n13 Representation of parties ................................................................ 4\n14 Proceedings not open to public ....................................................... 4\n15 Offences relating to provision of information.................................... 5\n16 Offences relating to obstruction etc. of arbitrator ............................. 5\n17 Preservation of confidentiality .......................................................... 6\nENDNOTES\n\n\n\nNORTHERN TERRITORY OF AUSTRALIA\n____________________\nAs in force at 14 April 2020\n____________________\nTOTALISATOR LICENSING AND REGULATION (ARBITRATION)\nREGULATIONS 2000\nRegulations under the Totalisator Licensing and Regulation Act 2000\n1 Citation\nThese Regulations may be cited as the Totalisator Licensing and\nRegulation (Arbitration) Regulations 2000.\n2 Definitions\nIn these Regulations, unless the contrary intention appears:\narbitrator, in relation to an arbitration proceeding, means the\nperson appointed under section 76 of the Act to be the arbitrator of\nthe dispute the subject of the arbitration.\nparty, in relation to an arbitration proceeding, means the Director or\nthe licensee with whom the dispute the subject of the arbitration\narises.\nPresident of the Law Society means the President of the Law\nSociety Northern Territory as established by section 635 of the\nLegal Profession Act 2006.\n3 Commencement of arbitration\n(1) If a dispute as to what constitutes compliance with a term or\ncondition of the licensee's licence arises between the Director and\nthe licensee and the Director or the licensee requires that the\ndispute be resolved by arbitration, the Director or licensee must in\nwriting:\n(a) notify the other party of the requirement; and\n(b) request, in writing, the President of the Law Society to appoint\nan arbitrator.\n(2) On receiving the request, the President of the Law Society must\nappoint a person who in the opinion of the President is qualified to\nconduct arbitration proceedings to be the arbitrator of the dispute\nbetween the Director and the licensee and give written notification\n\nTotalisator Licensing and Regulation (Arbitration) Regulations 2000 2\nof the appointment to the parties of the arbitration.\n4 Preliminary investigation\n(1) Within 14 days of the date of notification of the appointment of the\narbitrator under regulation 3, each party must give the arbitrator a\nwritten statement setting out the nature of the dispute.\n(2) The written statement is to identify the issues that are to be\nresolved and include facts and evidence relied on to substantiate\nthe party's position.\n(3) As soon as possible after receiving the statements of both parties,\nthe arbitrator must set the time and date when and the place where\nthe arbitration proceedings will be held.\n(4) The arbitrator must notify the parties of the time and date when and\nthe place where the arbitration proceedings will be held.\n(5) In notifying the parties under subregulation (4), the arbitrator must\ngive each party at least 14 days notice of the time and date when\nthe arbitration proceedings will be held.\n5 Arbitration\n(1) Each party is to present its case by making oral submissions in\nrespect of the dispute based on the statement given to the arbitrator\nunder regulation 4.\n(2) Unless the arbitrator agrees otherwise, the party who requested the\nappointment of the arbitrator is to present its case first.\n(3) The arbitrator may adjourn arbitration proceedings until another\ntime and, if appropriate, another date.\n(4) The arbitrator may commence and conduct proceedings in the\nabsence of a party who was given notice of the proceedings under\nregulation 4 but fails to attend without reasonable excuse.\n6 Resolution by agreement\n(1) If a dispute that is being arbitrated is resolved or partly resolved by\nan agreement made between the parties before the determination\nof the arbitration, the parties must inform the arbitrator without\ndelay.\n(2) On being informed of the agreement, the arbitrator must record the\nterms of the agreement, have the agreement signed by the parties\nand ensure that each party receives a copy of the agreement.\n\nTotalisator Licensing and Regulation (Arbitration) Regulations 2000 3\n(3) If the effect of the agreement is to resolve the dispute, the\narbitration ceases on the parties signing the agreement.\n(4) If the effect of the agreement is to resolve only some of the issues\nof the dispute, on the parties signing the agreement the arbitration\ncontinues in respect of the issues of the dispute that have not been\nresolved.\n7 Determination by arbitrator\n(1) The arbitrator must complete his or her determination of the\narbitration of a dispute and give a copy of his or her determination\nto each party within 28 days after the conclusion of the arbitration\nproceedings.\n(2) The Director must retain a record of the determination.\n(3) The determination is not to be made available to a member of the\npublic to read or copy.\n8 Costs of parties\nEach party to a dispute must pay its own costs in respect of the\narbitration of the dispute.\n9 Arbitrator: powers\nThe arbitrator may:\n(a) request in writing a person (who may or may not be a party) to\nattend arbitration proceedings; or\n(b) request a person (who may or may not be a party) to answer\ntruthfully questions put by him or her or a party or to make\nsubmissions that are relevant to the resolution of the dispute;\nor\n(c) request a person mentioned in paragraph (b) to take an oath\nto answer truthfully all such questions; or\n(d) request a person (who may or may not be a party) to produce\na specified document or provide specified information in\nwriting to the arbitrator relevant to the resolution of the\ndispute; or\n(e) request a person referred to in paragraph (d) to produce a\ndocument or provide information within a specified time; or\n\nTotalisator Licensing and Regulation (Arbitration) Regulations 2000 4\n(f) copy or take extracts from a document or information referred\nto in paragraph (d) and retain possession of the document or\ninformation for as long as is reasonably necessary to do so.\n10 Arbitrator: costs and assistance\n(1) The costs of the arbitrator are to be paid by the parties of the\narbitration in equal shares.\n(2) The Agency administering the Act must provide the arbitrator with\nthe assistance of an administrative nature as he or she requires in\nconducting the arbitration.\n(3) A person who assists the arbitrator is subject to the direction of the\narbitrator.\n11 Procedural fairness\nIn arbitrating a dispute, an arbitrator is to have regard to the\nprinciples of procedural fairness.\n12 Informality of procedures\nIn arbitrating a dispute, an arbitrator:\n(a) must proceed with as little formality and technicality and as\nexpeditiously as the requirements of these Regulations and\nthe proper consideration of the dispute permits; and\n(b) is not bound by the rules of evidence but may inform himself\nor herself of any matter in any manner that he or she\nconsiders appropriate.\n13 Representation of parties\nA party to an arbitration may:\n(a) attend before the arbitrator personally;\n(b) if a body corporate – be represented before the arbitrator by a\ndirector, officer, member or employee; or\n(c) with the agreement of the arbitrator – be represented before\nthe arbitrator by another person (who may be a\nlegal practitioner).\n14 Proceedings not open to public\nA person who is not:\n(a) a party to an arbitration;\n\nTotalisator Licensing and Regulation (Arbitration) Regulations 2000 5\n(b) a person representing a party to an arbitration;\n(c) a person, who the arbitrator has requested to attend and to\nanswer questions put by the Director or by a party to the\nhearing, while being questioned;\n(d) a person, who the arbitrator has requested to produce a\ndocument or provide information, in writing while producing\nthe document or providing the information;\n(e) the arbitrator; or\n(f) a person assisting the arbitrator,\nmay not be present at any of the proceedings of an arbitration.\n15 Offences relating to provision of information\nA person must, in the absence of reasonable excuse (proof of\nwhich lies on the person), comply with a request of the arbitrator\nthat the person:\n(a) attend before him or her; or\n(b) take an oath to answer truthfully all questions relevant to the\nresolution of the dispute put by the arbitrator or a party; or\n(c) answer truthfully questions put by the arbitrator or a party that\nare relevant to the resolution of the dispute; or\n(d) produce a specified document or provide specified information\nin writing to the arbitrator relevant to the resolution of the\ndispute; or\n(e) produce a document or provide information referred to in\nparagraph (d) within a specified time.\nMaximum penalty: 50 penalty units.\n16 Offences relating to obstruction etc. of arbitrator\nA person must not without reasonable excuse (proof of which lies\non the person) obstruct, hinder, resist or improperly influence an\narbitrator when exercising a power or performing a function for the\npurposes of the arbitration of a dispute.\nMaximum penalty: 100 penalty units.\n\nTotalisator Licensing and Regulation (Arbitration) Regulations 2000 6\n17 Preservation of confidentiality\nA person must not record, disclose or use information about\nanother person's affairs gained by the person in the course of\narbitration proceedings under these Regulations or because of an\nopportunity provided by being involved in the administration of\nthese Regulations unless for the purposes of the Act, regulations\nmade under the Act or the Rules.\nMaximum penalty: 100 penalty units.\n\nENDNOTES\nTotalisator Licensing and Regulation (Arbitration) Regulations 2000 7\nENDNOTES\n1 KEY\nKey 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 (Arbitration) Regulations (SL No. 28, 2000)\nNotified 16 June 2000\nCommenced 16 June 2000\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);\nrem: 17 May 2007\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)\nOaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,\n2010)\nAssent date 18 November 2010\nCommenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act\n2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4)\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)\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)\n\nENDNOTES\nTotalisator Licensing and Regulation (Arbitration) Regulations 2000 8\n3 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: rr 1 and 2.\n4 LIST OF AMENDMENTS\nr 2 amd Act No. 18, 2002, s 7; Act No. 7, 2007, s 16; Act No. 44, 2014, s 145;\nAct No. 4, 2020, s 87\nr 3 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87\nr 7 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87\nr 9 amd Act No. 40, 2010, s 202\nr 14 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87\nr 15 amd Act No. 38, 2010, s 3; Act No. 40, 2010, s 202\nrr 16 – 17 amd Act No. 38, 2010, s 3","sortOrder":0}],"analysis":{"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available information, the legislation appears to remain focused on its original intent: providing arbitration procedures for disputes arising under totalisator licensing and regulation. The split administrative responsibility between Treasury and Finance (wagering tax) and Tourism and Hospitality (other matters) appears to reflect the original design rather than a scope change. However, the limited metadata provided makes a definitive assessment difficult."},"complexity_factors":["Split administrative jurisdiction between two government departments adds procedural complexity","Arbitration procedures can involve technical legal rules about process, evidence, and enforcement","Intersection of wagering tax law and licensing/hospitality regulation creates dual regulatory frameworks","Incomplete metadata (missing regulation number, gazette date, making authority) makes full assessment difficult","Specialist subject matter (totalisator/wagering industry) requires industry-specific knowledge to fully understand impact"],"plain_english_summary":"## Totalisator Licensing and Regulation (Arbitration) Regulations 2000\n\nThis legislation sets out rules for **arbitration** (a private dispute resolution process, similar to a private court) in the context of **totalisator** (betting pool) licensing and regulation.\n\n**Who is affected?**\n- Businesses or individuals licensed to operate totalisator (pool betting) services — think TAB-style wagering operations\n- Relevant government agencies, particularly those overseeing wagering tax and tourism/hospitality\n- Parties involved in disputes relating to totalisator licensing\n\n**What does it do?**\nThese regulations establish the procedural rules for resolving disputes through arbitration rather than through the courts. It splits administrative responsibility between two government departments:\n- **Department of Treasury and Finance** handles anything to do with wagering tax\n- **Department of Tourism and Hospitality** handles everything else\n\n**Why does it matter?**\nIf you operate a licensed betting pool business, or are involved in a licensing dispute in this sector, these regulations determine *how* your dispute will be resolved and *which government agency* you deal with — which can significantly affect outcomes and costs.\n\n> ⚠️ **Note:** The metadata provided is incomplete — key details like the regulation number, making authority, and gazette date are missing, which limits full analysis."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"These regulations are procedural rules establishing arbitration for disputes about licence compliance between the Director and a licence‑holder. The endnotes show a series of formal and consequential amendments over time (listed amendments), but they do not indicate a substantive expansion of purpose beyond providing a closed, expeditious arbitration process. Amendments noted in the instrument (for example, changes aligning terminology or penalty units) are consequential or formal; they do not materially broaden the class of disputes covered or convert the regulations into a different regulatory mechanism. Therefore the scope has not grown significantly beyond the original purpose of creating an arbitration process for licence‑compliance disputes."},"complexity_factors":["17 substantive regulations (regs 1–17)","Small interpretation section with 3 key defined terms (reg 2: 'arbitrator', 'party', 'President of the Law Society')","Timelines and notice requirements: 14‑day deadlines for statements and hearing notice (reg 4), 28‑day deadline for determination after hearing (reg 7)","Cross-reference to the parent Act for appointment power (section 76 of the Act) and to the President of the Law Society (reg 3)","Relatively few conditional branches and limited nested exceptions (some 'unless the arbitrator agrees otherwise' or 'reasonable excuse' tests)","Penal provisions with quantified penalties (50 and 100 penalty units) (regs 15–17)","Closed proceedings and confidentiality rules that raise interaction with other confidentiality regimes (regs 7, 14, 17)","Discretionary powers for the arbitrator to call witnesses, require documents, administer oaths and retain materials (reg 9) — broad but straightforward","Cost allocation rules that separate party costs and arbitrator fees (regs 8, 10(1))","No complex appeal, review or evidentiary framework within these regulations (simplicity but requires cross-reference to other laws for remedies)"],"plain_english_summary":"Establishes a short arbitration route for disputes between the Director and totalisator licence holders about licence compliance. The President of the Law Society appoints an arbitrator; parties file statements, attend a private, informal hearing, and the arbitrator issues a written determination retained by the Director.\n\nThe arbitrator can compel attendance, sworn evidence and documents (with penalties for non‑compliance); each party bears its own costs and they share arbitrator fees. Hearings and determinations are confidential, encouraging settlement but concentrating information with regulator and licensees."},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The regulations remain tightly focused on their original purpose of establishing arbitration procedures for disputes between the Director and totalisator licensees regarding licence compliance. The amendments shown in the endnotes are purely mechanical updates (changing 'Director-General' to 'Director', updating penalty unit references, and consequential amendments from related legislation reforms) without expanding the substantive scope beyond arbitration of licence condition disputes."},"complexity_factors":["Short instrument: only 17 regulations spanning 6 pages","Minimal defined terms: only 3 definitions in regulation 2 (arbitrator, party, President of the Law Society)","Linear procedural structure: regulations follow chronological order of arbitration process without nested conditions","Limited cross-referencing: only references to the parent Act (Totalisator Licensing and Regulation Act 2000) and one external statute (Legal Profession Act 2006)","Simple conditional logic: primarily 'if-then' statements without multiple nested exceptions","Standard offence structure: straightforward penalty provisions without complex mens rea (mental state) requirements beyond 'reasonable excuse'"],"plain_english_summary":"These regulations set up a private dispute resolution system for betting licence disputes in the Northern Territory.\n\n**What it does:**\nWhen the gambling regulator (the Director) and a betting operator (licensee) disagree about whether the operator is following their licence conditions, either side can demand arbitration instead of going to court. The President of the Northern Territory Law Society appoints an independent arbitrator to hear the dispute.\n\n**How it works:**\n- **Getting started:** Either the Director or the licensee writes to the other party and asks the Law Society President to appoint an arbitrator.\n- **The process:** Both sides submit written statements explaining their position. The arbitrator sets a hearing date (giving at least 14 days' notice).\n- **The hearing:** Parties make oral arguments based on their written submissions. The arbitrator can question witnesses, request documents, and proceed even if one party doesn't show up.\n- **The outcome:** The arbitrator must decide within 28 days. If the parties reach a deal during the process, the arbitrator records it and the arbitration ends.\n\n**Key features:**\n- **Costs:** Each side pays their own legal bills, but they split the arbitrator's fees equally.\n- **Privacy:** Hearings are closed to the public, and everyone involved must keep information confidential.\n- **Flexibility:** The arbitrator doesn't have to follow strict court rules of evidence and should keep things informal and quick.\n- **Representation:** You can represent yourself, send a company officer, or (with the arbitrator's okay) bring a lawyer.\n\n**Penalties:**\nFailing to cooperate with the arbitrator (ignoring summons, lying under oath, refusing documents) attracts fines up to 50 penalty units. Obstructing the arbitrator or breaching confidentiality can cost up to 100 penalty units.\n\n**Who it affects:**\nNorthern Territory totalisator (betting pool) licensees and the Director who regulates them."},"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-arbitration-regulations-2000","history":"/api/acts/totalisator-licensing-and-regulation-arbitration-regulations-2000/history","analysis":"/api/acts/totalisator-licensing-and-regulation-arbitration-regulations-2000/analysis","conflicts":"/api/acts/totalisator-licensing-and-regulation-arbitration-regulations-2000/conflicts","importantCases":"/api/acts/totalisator-licensing-and-regulation-arbitration-regulations-2000/important-cases","documents":"/api/acts/totalisator-licensing-and-regulation-arbitration-regulations-2000/documents"}}