{"id":"nsw:sl-2022-0507","name":"Totalizator Regulation 2022","slug":"totalizator-regulation-2022","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"507 of 2022","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176112,"registerId":"nsw-nsw:sl-2022-0507-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"Part 1","sectionType":"part","heading":"Preliminary","content":"# Part 1 Preliminary\n\nPart 1 Preliminary","sortOrder":0},{"sectionNumber":"1","sectionType":"section","heading":"Name of Regulation","content":"#### 1 Name of Regulation\n\n1 Name of Regulation\n\n> This Regulation is the [Totalizator Regulation 2022](/view/html/inforce/current/sl-2022-0507).","sortOrder":1},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Regulation commences on 1 September 2022.\n> \n> Note—\n> \n> This Regulation replaces the [Totalizator Regulation 2012](/view/html/repealed/current/sl-2012-0414), which is repealed on 1 September 2022 by the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146), section 10(2).","sortOrder":2},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Regulation—\n> \n> Liquor & Gaming NSW means the part of the Department of Enterprise, Investment and Trade comprising the group of staff who are principally involved in administering the Act.\n> \n> Secretary means the Secretary of the Department of Enterprise, Investment and Trade.\n> \n> the Act means the [Totalizator Act 1997](/view/html/inforce/current/act-1997-045).\n> \n> Note—\n> \n> The Act and the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015) contain definitions and other provisions that affect the interpretation and application of this Regulation.","sortOrder":3},{"sectionNumber":"Part 2","sectionType":"part","heading":"Responsible gambling practices","content":"# Part 2 Responsible gambling practices\n\nPart 2 Responsible gambling practices","sortOrder":4},{"sectionNumber":"4","sectionType":"section","heading":"Advisory statement—the Act, s 80","content":"#### 4 Advisory statement—the Act, s 80\n\n4 Advisory statement—the Act, s 80\n\n> For the Act, section 80(4), the prescribed advisory statement is—\n> \n> > Help is close at hand\n> \n> > www.gambleaware.nsw.gov.au\n> \n> > 1800 858 858","sortOrder":5},{"sectionNumber":"5","sectionType":"section","heading":"Problem gambling information brochures—the Act, ss 117 and 117A","content":"#### 5 Problem gambling information brochures—the Act, ss 117 and 117A\n\n5 Problem gambling information brochures—the Act, ss 117 and 117A\n\n> > (1) For the Act, sections 117(4) and 117A(1) and (2)(c), a licensee must—\n> > \n> > > (a) ensure copies of a problem gambling information brochure are available in each part of the premises in which the licensee conducts totalizator betting, and\n> > \n> > > (b) position the copies in a way that it is reasonable to expect a person in that part of the premises would be alerted to the copies, and\n> > \n> > > (c) in response to a request for a copy of a foreign language problem gambling information brochure—give a copy of the brochure to the person, in the language requested, as soon as possible after receiving the request.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) In this section—\n> > \n> > foreign language problem gambling information brochure means a brochure in a language other than English containing the telephone number for GambleAware—\n> > \n> > > (a) approved by the Secretary, and\n> > \n> > > (b) published on the Liquor & Gaming NSW website.\n> > \n> > GambleAware means the counselling and support service funded by the Responsible Gambling Fund.\n> > \n> > problem gambling information brochure means a brochure containing the telephone number for GambleAware—\n> > \n> > > (a) approved by the Secretary, and\n> > \n> > > (b) published on the Liquor & Gaming NSW website.\n> > \n> > Responsible Gambling Fund means the Fund established under the [Casino Control Act 1992](/view/html/inforce/current/act-1992-015), section 115.","sortOrder":6},{"sectionNumber":"6","sectionType":"section","heading":"Counselling and gambling help notices to be displayed—the Act, ss 117 and 117A","content":"#### 6 Counselling and gambling help notices to be displayed—the Act, ss 117 and 117A\n\n6 Counselling and gambling help notices to be displayed—the Act, ss 117 and 117A\n\n> > (1) For the Act, sections 117(4) and 117A(1) and (2)(c), a licensee must—\n> > \n> > > (a) display a copy of the counselling notice in each part of the premises in which the licensee conducts totalizator betting, and\n> > \n> > > (b) position a copy of the counselling notice in a way that it is reasonable to expect a person in that part of the premises would be alerted to the contents of the notice, and\n> > \n> > > (c) display a copy of the gambling help notice on each automatic teller machine (ATM) and electronic funds transfer (EFT) facility in the premises in which the licensee conducts totalizator betting.\n> > \n> > Maximum penalty—50 penalty units.\n> \n> > (2) A gambling help notice displayed on an ATM or EFT facility may consist of a permanently visible light emitting display.\n> \n> > (3) In this section—\n> > \n> > counselling notice means a notice approved by the Secretary—\n> > \n> > > (a) containing a statement about problem gambling help options, and\n> > \n> > > (b) published on the Liquor & Gaming NSW website.\n> > \n> > gambling help notice means a notice approved by the Secretary—\n> > \n> > > (a) containing a statement about problem gambling help options for the purposes of ATMs and EFT facilities, and\n> > \n> > > (b) published on the Liquor & Gaming NSW website.","sortOrder":7},{"sectionNumber":"7","sectionType":"section","heading":"Gambling information and warnings—the Act, s 117A","content":"#### 7 Gambling information and warnings—the Act, s 117A\n\n7 Gambling information and warnings—the Act, s 117A\n\n> For the Act, section 117A(1) and (2)(d), a licensee must ensure that each entry form, however described, and betting ticket issued by or on behalf of the licensee in a totalizator includes the following information—\n> \n> > Help is close at hand\n> \n> > www.gambleaware.nsw.gov.au\n> \n> > 1800 858 858\n> \n> Maximum penalty—50 penalty units.","sortOrder":8},{"sectionNumber":"Part 3","sectionType":"part","heading":"Miscellaneous","content":"# Part 3 Miscellaneous\n\nPart 3 Miscellaneous","sortOrder":9},{"sectionNumber":"8","sectionType":"section","heading":"Key employees—the Act, s 5","content":"#### 8 Key employees—the Act, s 5\n\n8 Key employees—the Act, s 5\n\n> > (1) For the Act, section 5(1), definition of key employee, the following persons are prescribed—\n> > \n> > > (a) a person, whether or not appointed under a contract of service, who—\n> > > \n> > > > (i) manages or supervises the conduct of a totalizator by or on behalf of a licensee, or\n> > > \n> > > > (ii) is authorised to make decisions about the licensee’s operations in relation to the totalizator conducted by or on behalf of the licensee,\n> > \n> > > (b) a person, whether or not appointed under a contract of service, whose duties in relation to the conduct of a totalizator by or on behalf of a licensee include—\n> > > \n> > > > (i) taking bets, or\n> > > \n> > > > (ii) calculating, determining or declaring dividends, or\n> > > \n> > > > (iii) undertaking financial or accounting tasks, including dealing with money invested on the totalizator, or\n> > > \n> > > > (iv) designing, constructing, creating, operating, repairing or maintaining a device, equipment or software used in, or that otherwise affects, the conduct of the totalizator, or\n> > > \n> > > > (v) providing security.\n> \n> > (2) The Minister may, by written notice given to a licensee, identify a person, or a person belonging to a class of persons, as a person who is not a key employee.","sortOrder":10},{"sectionNumber":"9","sectionType":"section","heading":"Disregarding relevant interests in shares—the Act, s 31","content":"#### 9 Disregarding relevant interests in shares—the Act, s 31\n\n9 Disregarding relevant interests in shares—the Act, s 31\n\n> > (1) For the Act, section 31(7), a relevant body’s relevant interest in shares of a licensee must be disregarded for the purpose of deciding whether the body has a prohibited shareholding interest in the licensee if—\n> > \n> > > (a) for an authorised trustee corporation—\n> > > \n> > > > (i) the shares are held by—\n> > > > \n> > > > > (A) the corporation in the corporation’s capacity as trustee of a trust, undertaking or scheme, or\n> > > > \n> > > > > (B) a custodian on behalf of the corporation in the corporation’s capacity as trustee of a trust, undertaking or scheme, and\n> > > \n> > > > (ii) the trust, undertaking or scheme is governed by an approved deed, and\n> > > \n> > > > (iii) the authorised trustee corporation or custodian, if any, or a related body corporate of the corporation or custodian, does not decide the way in which voting rights attached to the shares are exercised, or\n> > \n> > > (b) for a registered scheme—\n> > > \n> > > > (i) the shares are held on trust by the responsible entity for the scheme, and\n> > > \n> > > > (ii) the responsible entity or related body corporate of the scheme does not decide the way in which voting rights attached to the shares are exercised.\n> \n> > (2) In this section—\n> > \n> > approved deed means a deed that is an approved deed for the purposes of the [Corporations Law](/view/html/inforce/current/sl-1999-0703), Part 7.12, Division 5, as it continues to apply under the [Corporations Law](/view/html/inforce/current/sl-1999-0703), section 1454, and the Corporations Act, section 1408.\n> > \n> > authorised trustee corporation has the meaning it had in the [Corporations Law](/view/html/inforce/current/sl-1999-0703) immediately before the commencement of the [Managed Investments Act 1998](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > Corporations Act means the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.\n> > \n> > registered scheme has the same meaning as in the Corporations Act.\n> > \n> > related body corporatehas the same meaning as in the Corporations Act.\n> > \n> > relevant body means—\n> > \n> > > (a) an authorised trustee corporation, or\n> > \n> > > (b) the responsible entity for a registered scheme, or\n> > \n> > > (c) a related body corporate of the corporation or scheme.\n> > \n> > responsible entity, of a registered scheme, has the same meaning as in the Corporations Act.","sortOrder":11},{"sectionNumber":"10","sectionType":"section","heading":"Notification of changed circumstances—the Act, s 59","content":"#### 10 Notification of changed circumstances—the Act, s 59\n\n10 Notification of changed circumstances—the Act, s 59\n\n> For the Act, section 59, the following are prescribed—\n> \n> > (a) a change specified in Schedule 1,\n> \n> > (b) particulars in relation to the change specified in the corresponding entry in Schedule 1.","sortOrder":12},{"sectionNumber":"11","sectionType":"section","heading":"Apportionment of tax reduction amount—the Act, s 70","content":"#### 11 Apportionment of tax reduction amount—the Act, s 70\n\n11 Apportionment of tax reduction amount—the Act, s 70\n\n> For the Act, section 70(1), the following percentages are prescribed—\n> \n> > (a) for Racing New South Wales—77.3%,\n> \n> > (b) for Harness Racing New South Wales—12.7%,\n> \n> > (c) for Greyhound Racing New South Wales—10%.","sortOrder":13},{"sectionNumber":"12","sectionType":"section","heading":"Remedial orders—the Act, s 103A","content":"#### 12 Remedial orders—the Act, s 103A\n\n12 Remedial orders—the Act, s 103A\n\n> For the Act, section 103A(1), the following offences are prescribed—\n> \n> > (a) offences under the Act, sections 80(1), (4) and (5), 80B, 81(1), 82(1) and 84(3),\n> \n> > (b) offences under this Regulation, sections 5(1) and 6(1)(a) and (b).","sortOrder":14},{"sectionNumber":"13","sectionType":"section","heading":"Savings","content":"#### 13 Savings\n\n13 Savings\n\n> An act, matter or thing that, immediately before the repeal of the [Totalizator Regulation 2012](/view/html/repealed/current/sl-2012-0414), had effect under that Regulation continues to have effect under this Regulation.","sortOrder":15},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":"Notification of change of circumstances","content":"# Schedule 1 Notification of change of circumstances\n\nSchedule 1 Notification of change of circumstances\n\nsection 10\n\n| Change | Particulars to be notified |\n| A change to the licensee’s or contractor’s name, principal place of business, postal address, email address, website address or telephone number | The changed name, principal place of business, postal address, email address, website address or telephone number |\n| A change in the membership of the licensee’s or contractor’s board of directors | The name, address and date of birth of a new director |\n| A change in the name or address of a member of the licensee’s or contractor’s board of directors | The changed name or address |\n| A change in information entered in the licensee’s or contractor’s register of members | The changed information, including information added to or deleted from the register |\n| The commencement, settlement, discontinuance or finalisation of civil or criminal proceedings to which the licensee or contractor is a party | Information about the nature of the proceedings, the date proceedings were commenced, settled, discontinued or finalised and the outcome of the proceedings, unless disclosure of the outcome is prohibited |\n| The obtaining of a judgment against the licensee or contractor, the creation of a charge over the licensee’s property or repossession of the licensee’s or contractor’s property | Information about the affected property and the terms of the judgment or charge, or the reasons for and circumstances of the repossession |\n| An amendment of the licensee’s or contractor’s assessment under taxation legislation of the Commonwealth | Information about the amendment |\n| A change in the key employees employed by or on behalf of the licensee or contractor | The name and address of a person who becomes or ceases to be a key employee and the date that occurs |\n| The commencement, settlement, discontinuance or finalisation of civil or criminal proceedings to which a key employee of the licensee or contractor is a party and of which the licensee or contractor is aware | Information about the nature of the proceedings, the names and addresses of the other parties to the proceedings, the date proceedings were commenced, settled, discontinued or finalised and the outcome of the proceedings, unless disclosure of the outcome is prohibited |\n| The commencement of the winding up of the licensee or contractor or the placement of the licensee or contractor under voluntary administration | The date on which the winding up or voluntary administration commenced |\n| The licensee or contractor entering into a compromise or arrangement with the licensee’s or contractor’s creditors | The date on which the compromise or arrangement was entered into and the terms of the compromise or arrangement |\n| The appointment of a receiver or manager, by the Supreme Court or otherwise, in relation to the licensee’s or contractor’s property | The date and terms of the appointment |","sortOrder":16},{"sectionNumber":"Schedule 2","sectionType":"schedule","heading":"Penalty notice offences","content":"# Schedule 2 Penalty notice offences\n\nSchedule 2 Penalty notice offences\n\n| Provision | Penalty—individuals | Penalty—corporations |\n| Offences under the Gaming and Liquor Administration Act 2007 as applied by the Act, section 91E |\n| Section 34(4) | $1,100 | $1,100 |\n| Offences under the Act |\n| Section 35(1) and (2) | $1,100 | $1,100 |\n| Section 59 | $550 | $550 |\n| Section 80(1), (4) and (5) | $2,750 | $13,750 |\n| Section 80A(2) | $2,750 | $13,750 |\n| Section 80AA(1) and (2) | $2,750 | $13,750 |\n| Section 80B | $2,750 | $13,750 |\n| Section 81 | $220 | $220 |\n| Section 82(1) | $550 | $550 |\n| Section 83(1) | $550 | $550 |\n| Section 84(1) | $220 | — |\n| Section 84(3) | $550 | $550 |\n| Section 86 | $550 | $550 |\n| Section 87 | $550 | $550 |\n| Section 88(1) | $550 | $550 |\n| Section 89(1) | $550 | $550 |\n| Offences under this Regulation |\n| Section 5(1) | $550 | $550 |\n| Section 6(1) | $550 | $550 |\n| Section 7 | $550 | $550 |","sortOrder":17}],"analysis":{"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"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Insufficient substantive content is available in the provided text to assess whether the scope of this Regulation changed from its original intent. The document only contains website navigation, status metadata, and administrative information — no operative provisions are visible."},"complexity_factors":["The actual substantive content of the Regulation is not included in the provided text — only metadata and status information is available, making full analysis impossible","References to a parent Act (Totalizator Act) and another Act (Subordinate Legislation Act 1989) create a layered regulatory structure that requires cross-referencing","Automatic repeal mechanism under the Subordinate Legislation Act adds a procedural layer to understand","Totalizator betting involves industry-specific concepts (pool betting, operator licensing) that may be unfamiliar to general readers"],"plain_english_summary":"This regulation is the 2022 NSW instrument implementing rules under the Totalizator Act for pool-based betting (used by operators like TAB). The available text is a status/metadata notice: it commenced 26 August 2022, is currently in force, and is scheduled to automatically repeal on 1 September 2027. It likely affects licensed totalizator operators, racing bodies and bettors, and matters because it is part of the regulatory framework for pool betting and requires review before 2027."},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation replaces the 2012 instrument and continues prior regulatory effects (s 2 and s 13). Within the text supplied, there is no obvious expansion or contraction of regulated subject-matter; it prescribes operational and compliance details for totalizator licensees and related persons rather than altering the fundamental scope of the Totalizator Act."},"complexity_factors":["Cross-references to the Totalizator Act and other Commonwealth statutes (Interpretation Act, Corporations Act) require concurrent reading (see s 3, s 9).","Multiple prescriptive compliance duties with defined display, brochure, ticket-content and ATM/EFT requirements and specified penalties (see ss 4–7, Sch 2).","Broadly framed definition of \"key employees\" covering operational, financial, technical and security roles (see s 8(1)).","Ministerial discretion to exempt persons from key-employee status adds administrative uncertainty (see s 8(2)).","Detailed notification obligations listing varied reportable events and specific particulars to be supplied (see s 10, Schedule 1).","Prescribed numerical rules (tax apportionment percentages) that are precise and binding (see s 11).","Prescribed remedial offences and a structured penalty-notice table that distinguishes individual and corporate amounts (see s 12, Schedule 2).","Savings clause preserves effects of the repealed Regulation, requiring attention to legacy arrangements (see s 13)."],"plain_english_summary":"This Regulation sets practical compliance rules for operators of totalizator betting: required problem-gambling notices and brochures, mandatory wording on tickets, definitions of ‘key employees’, notification obligations, exceptions for certain share interests, fixed tax-apportionment percentages, prescribed remedial offences and penalties, and a savings clause. It applies to licensees, contractors, directors and key employees and matters because those parties must change recordkeeping, display and reporting practices, pay prescribed fines for breaches, and follow approvals and notices controlled by Liquor & Gaming NSW and the Secretary."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The Regulation remains tightly focused on its original purpose: operational details for totalizator betting regulation, responsible gambling messaging, and administrative compliance. It is a direct replacement of the 2012 Regulation with no significant expansion beyond the established framework of the Totalizator Act 1997."},"complexity_factors":["Moderate cross-referencing to the parent Totalizator Act 1997 and Corporations Act 2001","Nested definitions in Section 9 involving trustee corporations, registered schemes, and related bodies corporate","Conditional logic in Section 9(1) with multiple cumulative requirements (three conditions for authorised trustee corporations, two for registered schemes)","Tabular format in Schedule 1 with 12 distinct notification triggers and corresponding particular requirements","Dual penalty structure in Schedule 2 distinguishing individuals from corporations with varying amounts","Incorporation by reference to external documents (approved deeds under Corporations Law, Secretary-approved brochures and notices)"],"plain_english_summary":"This Regulation sets out the operational rules for totalizator betting (pari-mutuel wagering, where all bets go into a pool and winners share the pool minus a commission) in New South Wales. It replaced an earlier 2012 regulation and works alongside the Totalizator Act 1997.\n\n**Who it affects:**\n- **Betting operators** (licensees) running totalizators on racing and sporting events\n- **Key employees** working in betting operations (managers, tellers, IT staff, security)\n- **Racing bodies** (Racing NSW, Harness Racing NSW, Greyhound Racing NSW) who receive tax reductions\n- **Punters** who will see responsible gambling messages on betting tickets and in venues\n\n**What it does:**\n\n**Responsible gambling requirements (Part 2):**\n- Forces betting operators to display help messages: \"Help is close at hand\" with the GambleAware website and phone number (1800 858 858)\n- Requires brochures and notices about problem gambling help to be visible in betting areas and on ATMs/EFTPOS machines\n- Mandates that every betting ticket and entry form must print the gambling help information\n- Penalties apply for non-compliance (up to 50 penalty units, roughly $5,500)\n\n**Who counts as a 'key employee' (Section 8):**\n- Managers and supervisors of betting operations\n- People who take bets, calculate dividends, handle money, maintain betting software/equipment, or provide security\n- The Minister can exempt specific people from this classification\n\n**Shareholding rules (Section 9):**\n- Creates exceptions so that trustee corporations and managed investment schemes don't accidentally breach shareholding limits when they hold shares on behalf of others, provided they don't control voting rights\n\n**Administrative requirements:**\n- **Notifications:** Operators must tell the regulator about changes to directors, key employees, legal proceedings, financial troubles, or contact details (Schedule 1)\n- **Tax distribution:** Sets how tax reductions are split between the three racing codes—77.3% to thoroughbreds, 12.7% to harness, 10% to greyhounds (Section 11)\n- **Penalty notices:** Lists specific offences where police or inspectors can issue on-the-spot fines rather than taking people to court (Schedule 2)\n- **Remedial orders:** Identifies which offences can trigger court orders forcing operators to fix their practices (Section 12)\n\n**Why it matters:**\nThis Regulation keeps betting operators honest about problem gambling risks while ensuring the racing industry gets its funding. It balances consumer protection (visible help messages, brochures) with practical business rules (who needs to be vetted as a 'key employee', what changes must be reported). The penalty notice system means minor breaches can be dealt with quickly without clogging up courts."}},"importantCases":[],"_links":{"self":"/api/acts/totalizator-regulation-2022","history":"/api/acts/totalizator-regulation-2022/history","analysis":"/api/acts/totalizator-regulation-2022/analysis","conflicts":"/api/acts/totalizator-regulation-2022/conflicts","importantCases":"/api/acts/totalizator-regulation-2022/important-cases","documents":"/api/acts/totalizator-regulation-2022/documents"}}