What it does
The Betting and Racing Act 1998 (NSW) establishes a licensing and regulatory framework for the conduct of race meetings and associated betting activities in New South Wales. At its core, the Act prohibits the holding of any race meeting unless the racecourse is licensed under Division 1 of Part 2 and the meeting is conducted by a non-proprietary association (s 5(1)). A “non-proprietary association” is defined in s 4(1) as a body whose constitution requires profits to be applied to its objects and prohibits dividends to members; only such bodies may hold racecourse licences (s 6(1), s 7(1)).
The Minister is empowered to issue three classes of racecourse licence—horse racing, harness racing and greyhound racing—and may issue more than one class for the same track (s 7(2)–(3)). Licences are issued subject to statutory conditions (s 8(1)) prohibiting betting except on races or declared betting events, and requiring separate accounts for racing and betting income. Additional conditions may be imposed by notice (s 8(2)). Licences remain in force until cancelled (s 9(1)) and may be cancelled on grounds including breach of condition, loss of approved-body status, or use of the track by a proprietary body (s 9(2)).
Part 3 authorises specific betting activities. Section 16 permits the Minister to authorise licensed bookmakers to accept or make bets by telephone or electronically while at a licensed racecourse or approved off-course premises (s 16A). Division 2 creates the regime for “declared betting events”. The Minister may, by Gazette order, prescribe an event or class of events (other than a race) as a declared betting event and stipulate the permitted bet types (s 18(1)–(2)). For sporting events, an integrity agreement must ordinarily be in place between the sports controlling body and the applicant bookmaker or totalizator licensee (s 18A). Where no sports controlling body exists, the Minister must consider consultation with key administrators and public-interest factors (s 18B). Once prescribed, a licensed bookmaker may only bet on the event if holding a declared betting event authority (s 19(1)) issued by the Minister on application (s 19(2)).