Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited as the Authorised Betting Operations Act 2000. 2—Objects The objects of this Act are— (a) to ensure that those involved in the control, management and operation of authorised betting operations are fit and proper persons to exercise their respective functions and responsibilities; and (b) to ensure that authorised betting operations are conducted responsibly, fairly and honestly, with due regard to minimising the harm caused by gambling; and (c) to prohibit minors from gambling and ensure that minors are not encouraged to gamble; and (d) to ensure that the interest of the State in the taxation of gambling revenue arising from authorised betting operations is properly protected. 3—Interpretation (1) In this Act, unless the contrary intention appears— advertising code of practice means an advertising code of practice prescribed under the Gambling Administration Act 2019; agent's licence—see section 34; approved contingency—see section 4; approved licensing agreement—see section 12; authorised betting operator means— (a) the holder of a licence under this Act; or (b) an authorised interstate betting operator; authorised interstate betting operator—see section 40A(3); betting exchange means a facility, electronic or otherwise, designed to provide a mechanism through which— (a) offers to make bets are regularly made and accepted; or (b) offers or invitations to make bets are regularly made that are intended to result, or may reasonably be expected to result, directly or indirectly, in the acceptance of the offers or invitations, but does not include a facility involved in the activities of a bookmaker or the conduct of totalisator betting; bookmaker's licence—see section 34; cash facility means— (a) an automatic teller machine; or (b) an EFTPOS facility; or (c) any other facility, prescribed by regulation, that enables a person to gain access to his or her funds or to credit; child means a person under the age of 18 years; close associates—see section 5; Commissioner has the same meaning as in the Gambling Administration Act 2019; compliance notice—see section 69; comprehensive licence means the comprehensive major betting operations licence granted under section 7(1); conduct betting operations—a person conducts betting operations if the person conducts totalisator betting, acts as a bookmaker or conducts a betting exchange; contribution agreement—see section 62E; designated person—see section 20; domestic partner means a person who is a domestic partner within the meaning of the Family Relationships Act 1975, whether declared as such under that Act or not; executive officer of a body corporate is— (a) a secretary or public officer of the body corporate; or (b) a person responsible for managing the body corporate's business or any aspect of its business; gambling administration guidelines means the gambling administration guidelines issued by the Commissioner under the Gambling Administration Act 2019; greyhound race or greyhound racing means a race or racing between greyhounds in competitive pursuit of a quarry or lure that is not a live animal; harness race or harness racing means a pacing race or trotting race or pacing or trotting; horse race or horse racing does not include a harness race or harness racing; integrity agreement—see section 62E; interstate betting operator means— (a) a person who holds a prescribed interstate licence (including a licence that is suspended); or (b) a statutory body established under the law of another State or a Territory of the Commonwealth for the purpose of conducting betting operations in that State or Territory; licensed bookmaker means a person who is the holder of a bookmaker's licence; licensed racing club means a racing club that is the holder of an on-course totalisator betting licence; limited licence means a limited major betting operations licence granted under section 7(3); major betting operations licence means the comprehensive licence or a limited licence granted under Part 2; on-course totalisator betting means totalisator betting that takes place within a racecourse, and off-course totalisator betting has a corresponding meaning; on-course totalisator betting licence—see section 34; prescribed interstate licence means a licence or other authority issued under the law of another State or a Territory of the Commonwealth authorising the holder to conduct betting operations in that State or Territory, but does not include a licence of a class excluded by regulation from the ambit of this definition; race or racing means— (a) a horse race or horse racing; or (b) a harness race or harness racing; or (c) a greyhound race or greyhound racing; racecourse means a place where a race meeting is held by a racing club, and includes adjacent land or premises to which persons attending the meeting have access in connection with the meeting; race meeting means a meeting at which horse races, harness races or greyhound races are held; racing club means a club or association that— (a) is a body corporate; and (b) is established for the purpose of holding race meetings; and (c) is unable, because of its constitution or its nature, lawfully to return profits to its members; and (d) — (i) is related to a racing controlling authority through its membership of the authority, or its membership of a body that is a member of the authority; or (ii) is registered by a racing controlling authority, and includes a racing controlling authority that holds race meetings; racing controlling authority—see section 6; racing distribution agreement—see section 13; responsible gambling code of practice means a responsible gambling code of practice prescribed under the Gambling Administration Act 2019; spouse—a person is the spouse of another if they are legally married; taxation default—section 73A; telephone, Internet or other electronic means—see subsection (3); totalisator betting means betting in accordance with a system under which the amount paid out in respect of a bet made on a particular contingency is affected by the total amount bet on that contingency, and totalisator bet has a corresponding meaning; 24 hour sportsbetting licence—see section 34. (2) In this Act, administrator, controller and liquidator have (unless the contrary intention appears) the same respective meanings as in the Corporations Act 2001 of the Commonwealth. (3) In this Act, a reference to telephone, Internet or other electronic means is a reference to a means of communicating at a distance by the use of electronic devices. 3A—Interaction with Gambling Administration Act 2019 This Act and the Gambling Administration Act 2019 will be read together as a single Act (and a reference in a provision of this Act to "this Act" will be taken to include, where relevant, a reference to the Gambling Administration Act 2019). 4—Approved contingencies (1) The Commissioner may approve, for all or specified betting operations— (a) contingencies related to races within or outside Australia (other than races held by licensed racing clubs); or (b) contingencies related to sporting or other events within or outside Australia; or (c) other contingencies. (2) The Commissioner may vary or revoke an approval. (3) Before approving contingencies or varying an approval, the Commissioner must— (a) have regard to— (i) the standards of probity applying in relation to the contingencies; and (ii) available evidence of the past conduct of events to which the contingencies relate (if any); and (iii) the likely nature and scale of betting operations in relation to the contingencies; and (iv) whether betting operations in relation to the contingencies are lawful in another State or a Territory of the Commonwealth; and (v) the appropriateness in other respects of the contingencies for the conduct of betting operations generally or the particular betting operations concerned; and (ab) be satisfied that the betting operations in relation to the contingencies do not allow betting in relation to amateur sporting events or sporting events where the only participants are children; and (b) give prior written notice of the proposal to the Minister. (3a) The Commissioner must, within 14 days after approving contingencies or varying or revoking an approval, publish a notice in the Gazette setting out the terms of the approval, variation or revocation. (4) The Minister may give the Commissioner binding directions preventing or restricting the approval of contingencies. 4A—Fit and proper person (1) A person is not a fit and proper person for a particular purpose under this Act if— (a) the person has been found guilty or convicted of an offence as prescribed by the regulations; or (b) in the case of a body corporate— (i) the body corporate is a body corporate, or is a body corporate of a class, prescribed by the regulations; or (ii) the body corporate is a prescribed organisation; or (c) in the case of a natural person, the person— (i) is— (A) a member of a prescribed organisation; or (B) a close associate of a person who is a member of a prescribed organisation or is subject to a control order under the Serious and Organised Crime (Control) Act 2008; or (ii) is an insolvent under administration within the meaning of the Corporations Act 2001 of the Commonwealth. (2) For the purpose of determining whether a person is a fit and proper person for a particular purpose under this Act the Commissioner— (a) may cause the person's photograph to be taken; and (b) may cause the person's fingerprints to be taken; and (c) may have regard to the following: (i) the corporate structure of the person; (ii) the person's financial background and resources; (iii) the person's reputation; (iv) the character, reputation and financial background of the person's close associates; (v) any representations made by the Minister; (vi) any other matters the Commissioner thinks fit. (3) In this section— prescribed organisation—the following are prescribed organisations: (a) a declared organisation within the meaning of the Serious and Organised Crime (Control) Act 2008; (b) a criminal organisation within the meaning of Division 1 or Division 2 of Part 3B of the Criminal Law Consolidation Act 1935; (c) any other organisation prescribed by the regulations for the purposes of this definition. 5—Close associates (1) Two persons are close associates if— (a) one is a spouse, domestic partner, parent, brother, sister or child of the other; or (b) they are members of the same household; or (c) they are in partnership; or (d) they are joint venturers; or (da) they are related bodies corporate within the meaning of the Corporations Act 2001 of the Commonwealth; or (e) one is a body corporate and the other is a director or executive officer of the body corporate; or (f) one is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or (g) one is a body corporate whose shares are quoted on a prescribed financial market and the other has a substantial holding in the body corporate; or (h) one has a right to participate (otherwise than as a shareholder in a body corporate) in, or is remunerated by reference to, proceeds or profits derived from a business conducted by the other; or (i) one is in a position to exercise control or significant influence over the conduct of the other; or (j) a chain of relationships can be traced between them under any one or more of the above paragraphs. (1a) For the purposes of this section, a reference to a parent, brother, sister or child of a person will be taken to include a reference to a step‑parent, step‑brother, step‑sister or step‑child (as the case requires) of the person. (2) In subsection (1)— prescribed financial market means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth; substantial holding in a body corporate has the same meaning as in section 9 of the Corporations Act 2001 of the Commonwealth. 6—Designation of racing controlling authorities (1) The Governor may, by proclamation— (a) designate a body as the racing controlling authority for horse racing; (b) designate a body as the racing controlling authority for harness racing; (c) designate a body as the racing controlling authority for greyhound racing. (2) The Governor may, by subsequent proclamation, substitute the body designated as a racing controlling authority. 6A—Commissioner may approve staff training courses (1) The Commissioner may, on application by a person, approve courses of training to be undertaken by staff involved in betting operations. (2) The Commissioner must not approve a training course under this section unless the course complies with the requirements of any applicable responsible gambling codes of practice or any applicable gambling administration guidelines. (3) The Commissioner may— (a) on the Commissioner's own initiative, by written notice to the training course provider, relevant authorised betting operator and a relevant body representative of licensees or authorised interstate betting operators; or (b) on application by a training course provider, vary or revoke an approval under this section. (4) Before the Commissioner varies or revokes an approval under subsection (3)(a), the Commissioner must— (a) give notice in writing of the proposed variation or revocation to the training course provider, relevant authorised betting operator or relevant body representative of licensees or authorised interstate betting operators; and (b) consider any representations made by the provider, operator or body within 21 days after the notice is given or a longer period allowed in the notice.