This Regulation sets procedural, fee and compliance rules for betting and racing in New South Wales. It governs applications and approvals to use NSW race field information, who can be prescribed as a sports controlling body, responsible‑gambling materials and prescribed advertising wording.
It affects sports controlling bodies, betting service providers, racecourse operators and Liquor & Gaming NSW by creating application and notification duties, record‑sharing and monitoring powers, fee formulas and penalty regimes that change compliance costs and decision‑making discretion.
This Regulation (Betting and Racing Regulation 2022) operationalises multiple delegated powers in the Betting and Racing Act 1998. It commences on 1 September 2022 and replaces the 2012 Regulation (see s 2). Mechanically, the Regulation does the following.
Prescribes administrative procedures and fees for persons or bodies seeking to be prescribed as a sports controlling body (Part 2, s 4; Schedule 2, Part 1, Item 1).
Sets notification obligations on prescribed sports controlling bodies for specified changes in control, board membership, insolvency and criminal proceedings, with a 14‑day timeframe and a maximum penalty (s 5).
Creates a stand‑alone Part governing race field information use approvals (Part 3). It defines the key terms (s 6), sets out who is a close associate (s 7), permits racing control bodies to impose fees (s 8) with statutory caps on percentage‑based fees for use of NSW race field information, and lists permissible approval conditions to regulate how NSW race field information may be used (ss 9-11). It prescribes application formality, timing and documentary content required of applicants (s 12), and the substantive criteria and prohibited considerations to be used by relevant racing control bodies when deciding applications (s 13).
Prescribes responsible gambling measures to apply at race meetings and in betting advertising (Part 4). These include the location and content requirements for problem gambling brochures and counselling/gambling help notices at racecourses (ss 16-17), a ticket warning that licensed bookmakers must print on bet tickets (s 18), and a detailed schedule of advisory statements (Schedule 3) that must accompany specified categories of gambling advertising (s 15).
Prescribes certain fees and their indexation by a fee unit mechanism tied to the Sydney CPI, with rounding rules and notification obligations (s 19; Schedule 2, Part 2).
Current sections
Direct links to the current provisions in Betting and Racing Regulation 2022.
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Part 2
Sports controlling bodies—the Act, s 17B(3) and (4)
Part 2 Sports controlling bodies—the Act, s 17B(3) and (4)
Part 2 Sports controlling bodies—the Act, s 17B(3) and (4)
4
Application to be sports controlling body
4 Application to be sports controlling body
4 Application to be sports controlling body
(1) A person or body may apply to the Minister to be prescribed as the sports controlling body for a sporting event.
(2) The application must—
(a) be in the form approved by the Minister, and
(b) specify the sporting event to which the application relates, and
(c) be accompanied by the fee specified in Schedule 2, Part 1, Item 1.
(3) The Minister may request further information from the applicant for the purposes of assessing the application.
(4) The Minister must consider the following when assessing the application—
(a) if the applicant is the most appropriate person or body to be the sports controlling body for the sporting event,
(b) the degree of the applicant’s control over the organisation of the event,
(c) how the applicant intends to ensure betting services are conducted responsibly and with integrity,
(d) the applicant’s level of experience in managing sporting events,
(e) the public interest.
5
Sports controlling body to inform Minister of change in circumstances
5 Sports controlling body to inform Minister of change in circumstances
5 Sports controlling body to inform Minister of change in circumstances
(1) A sports controlling body must give the Minister written notice of the following changes within 14 days of the change—
(a) a change in the degree of the body’s control over the organisation of the sporting event,
(b) a change in the membership of the body’s board of directors,
(c) a change in the body’s financial circumstances, including insolvency,
(d) a change in the persons or bodies with a controlling interest in the body,
(e) the commencement of criminal proceedings against the body.
Maximum penalty—50 penalty units.
(2) For subsection (1), if the sports controlling body is not a person, each member of the sports controlling body’s governing body must ensure the Minister is given written notice of the change.
Part 3
Use of NSW race field information
Part 3 Use of NSW race field information
Part 3 Use of NSW race field information
6
Definitions
6 Definitions
6 Definitions
In this Part—
applicant means an applicant for an approval.
approval means a race field information use approval.
approval application means an application for a race field information use approval.
approval holder means a person who holds an approval.
close associate—see section 7(1).
key employee, for an applicant or an approval holder, means a person, whether or not appointed under a contract of service, who—
(a) manages or supervises the applicant’s or approval holder’s wagering operations, or
(b) is authorised to make decisions regulating the applicant’s or approval holder’s wagering operations, or
(c) is concerned or engaged in the applicant’s or approval holder’s wagering operations.
wagering turnover, in relation to a race or class of races, means the total amount of wagers made on the backers side of a wagering transaction in connection with the race or class of races.
7
Meaning of “close associate”
7 Meaning of “close associate”
7 Meaning of “close associate”
(1) For this Part, a person is a close associate of an applicant or an approval holder if the person—
(a) is or will be able, in the opinion of the relevant racing control body, to exercise significant influence over the applicant’s or approval holder’s business because the person—
(i) holds or will hold a relevant financial interest in the business, or
(ii) is or will be entitled to exercise a relevant power in the business, or
(b) holds or will hold a relevant position, whether in the person’s own right or on behalf of another person, in the applicant’s or approval holder’s business.
(2) In this section—
relevant financial interest, in a business, means—
(a) a share in the capital of the business, or
(b) an entitlement to receive income derived from the business, whether the entitlement is at law, in equity or otherwise.
relevant position means—
(a) the position of director, manager or secretary, or
(b) another executive position, however described.
relevant power means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
(a) to participate in the making of a decision that may only be made by a person in a relevant position, or
(b) to elect or appoint a person to a relevant position.
8
Fees for approvals—the Act, s 33A
8 Fees for approvals—the Act, s 33A
8 Fees for approvals—the Act, s 33A
(1) For the Act, section 33A(2)(a), a relevant racing control body may impose a condition for an approval holder to pay the following fees—
(a) a fee to cover the cost of assessing the approval application,
(b) a fee for the use of NSW race field information—
(i) in Australia in the course of providing a betting service, or
(ii) for a commercial purpose, other than in the course of providing a betting service.
(2) A fee imposed for the use of NSW race field information in the course of providing a betting service—
(a) must not exceed 4% of the approval holder’s wagering turnover if the holder’s wagering turnover is from wagers laid by the holder—
(i) at totalizator derived odds, and
(ii) at races to which the approval relates, and
(b) if the holder’s wagering turnover is not from wagers laid by the holder at totalizator odds—
(i) must not exceed 3% of the holder’s wagering turnover for a race to which the approval relates at a race meeting where the total value of all prizes for at least 1 race is $1,000,000 or more, and
(ii) must not exceed 2.5% of the holder’s wagering turnover for any other race to which the approval relates, and
totalizator derived odds means odds derived from or contingent on totalizator odds, but does not include totalizator odds.
totalizator odds means odds dependent on the outcome of a totalizator.
9
Permissible conditions for approvals—the Act, s 33A
9 Permissible conditions for approvals—the Act, s 33A
9 Permissible conditions for approvals—the Act, s 33A
For the Act, section 33A(2)(b), the following kinds of conditions are prescribed as permissible conditions—
(a) conditions specifying the duration of the approval, including a condition that the approval operates until it expires or is cancelled,
(b) conditions specifying the way in which NSW race field information may be used under the approval,
(c) conditions requiring the approval holder to notify the relevant racing control body of certain matters, including the following—
(i) a change in the persons or bodies with a controlling interest in the approval holder,
(ii) a change in the approval holder’s financial circumstances, including insolvency or a significant improvement in wagering turnover,
(iii) the commencement of proceedings, including disciplinary action, against the approval holder in New South Wales or elsewhere under legislation or rules in relation to betting or racing,
(d) conditions requiring the approval holder to give the relevant racing control body information, including the approval holder’s financial and wagering records, to enable the body to audit and assess the holder’s compliance with the approval,
(e) conditions specifying the times within which the approval holder must pay fees due under the approval,
(f) conditions requiring the approval holder to give the relevant racing control body information about the approval holder’s wagering turnover in the way and within the times specified in the condition,
(g) if the approval holder conducts wagering operations in Australia—conditions requiring the approval holder to hold, and continue to hold, a licence or authority, however described, under a relevant State or Territory law that authorises the approval holder to carry out wagering operations.
Note—
An approval may be given for a single race or class of races—see the Act, section 33A(1). A class may be defined in many ways, including by geography or time.
10
Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A
10 Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A
10 Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A
(1) In addition to this Regulation, section 9, for the Act, section 33A(2)(b), conditions to preserve the integrity and reputation of the relevant kind of racing in New South Wales are prescribed as permissible conditions, including the following conditions requiring the approval holder—
(a) to give the relevant racing control body access to all the approval holder’s betting information and analyses in relation to the races covered by the approval,
(b) to give information to an inquiry or investigation specified by the relevant racing control body, within the time specified by the body,
(c) to permit the relevant racing control body to monitor wagering activity that relates to the races covered by the approval,
(d) to cooperate with either of the following, including by providing requested details of a betting account to the inquiry—
(i) an inquiry carried out by the relevant racing control body,
(ii) an inquiry or investigation carried out by a racing control body in another jurisdiction,
(e) not to open or maintain an account for a person who has been—
(i) warned off, or prohibited from attending, a racecourse by a relevant racing control body, or
(ii) disqualified from participating in racing activities by a relevant racing control body,
(f) not to open an account for a person who has not provided sufficient evidence of the person’s identity,
(g) to use a secure system to record the holder’s wagering operations to ensure a proper audit trail is kept,
(h) to participate in an online wagering monitoring system specified by the relevant racing control body,
(i) to accept a bet, up to a maximum amount specified in the condition, at odds that are publicly displayed by the approval holder, including by requiring the approval holder to—
(i) do anything to comply with the condition, or
(ii) not do anything to avoid compliance with the condition, for example closing or placing restrictions on a person’s betting account.
(2) In this section—
publicly display, in relation to odds, means to display odds to the public generally including—
(a) on a semaphore board, or
(b) at an electronic betting terminal, or
(c) on a website, without requiring a person to identify themselves, for example, by requiring a person to log in or to provide personal information.
11
Grounds for cancelling or varying approvals—the Act, s 33A
11 Grounds for cancelling or varying approvals—the Act, s 33A
11 Grounds for cancelling or varying approvals—the Act, s 33A
(1) For the Act, section 33A(4), the following grounds for cancelling or varying an approval are prescribed—
(a) the breach of a condition of the approval,
(b) a change in the persons who have a controlling interest in the approval holder,
(c) the conviction of the approval holder or a key employee of an offence, in New South Wales or elsewhere,
(d) the taking of disciplinary action against the approval holder or a key employee under legislation in relation to betting or racing, in New South Wales or elsewhere,
(e) the employment of a person as a key employee if the person has—
(i) a criminal record, or
(ii) been subject to disciplinary action under legislation in relation to betting or racing, in New South Wales or elsewhere.
(2) The following grounds for varying an approval are prescribed—
(a) the relevant racing control body considers it necessary to do either of the following to preserve the integrity and reputation of the type of racing that is the subject of the approval in New South Wales—
(i) impose a condition specified in section 10(1)(i),
(ii) if the approval holder is already subject to the condition—vary the maximum amount specified in the condition,
(b) a change in the approval holder’s financial circumstances, including insolvency or a significant improvement in wagering turnover,
(c) an amendment to section 8(2) that changes the way in which a fee imposed for the use of NSW race field information in the course of providing a betting service is calculated.
12
Applications for approvals—the Act, s 33B
12 Applications for approvals—the Act, s 33B
12 Applications for approvals—the Act, s 33B
(1) For the Act, section 33B(2)(a), an approval application must be made—
(a) in writing, and
(b) in the form published by the relevant racing control body, and
(c) at least 30 days before—
(i) the race to which the approval relates, or
(ii) if the approval relates to a class of races—the first race in the class of races to which the approval relates.
(2) For the Act, section 33B(2)(b), the application must be accompanied by the following information—
(a) the name and contact details of the applicant,
(b) how the applicant intends to use NSW race field information, including the following—
(i) the race or class of races to which the application relates,
(ii) the types of wagering to which the NSW race field information relates,
(iii) if the information is intended to be published—when and how the applicant intends to publish the information,
(c) the applicant’s licence number, whether issued in New South Wales or elsewhere,
(d) the types of wagering provided by the applicant,
(e) the applicant’s history of providing betting services and using NSW race field information, including information about the applicant’s wagering turnover in relation to racing in New South Wales,
(f) the criminal history, if any, of the applicant and the applicant’s key employees and close associates, if known to the applicant,
(g) disciplinary action, if any, taken against the applicant and the applicant’s key employees and close associates under legislation in relation to betting or racing, whether in New South Wales or elsewhere, if known to the applicant,
(h) copies of policies and procedures required by the relevant racing control body for dealing with racing integrity issues in New South Wales.
13
Criteria for determining applications—the Act, s 33B
13 Criteria for determining applications—the Act, s 33B
13 Criteria for determining applications—the Act, s 33B
(1) For the Act, section 33B(3)(b) and (4)(a), the relevant racing control body must take into account the following criteria when determining an approval application—
(a) whether the applicant is a fit and proper person to hold the approval,
(b) whether granting the approval would undermine the integrity of the race for which the approval is sought,
(c) whether the applicant holds a licence, however described, under the legislation of another State or Territory to carry out wagering operations.
(2) For the Act, section 33B(3)(b) and (4)(b), the relevant racing control body must not take into account the following criteria in determining an approval application—
(a) if the applicant is an individual—the location of the individual’s residential premises or office premises,
(b) if the applicant is a corporation—the location of the corporation’s head office,
(c) whether the applicant is licensed under New South Wales legislation, rather than the legislation of another State or Territory.
Part 4
Responsible gambling practices
Part 4 Responsible gambling practices
Part 4 Responsible gambling practices
14
Definition
14 Definition
14 Definition
In this Part—
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.
15
Advisory statements—the Act, s 33H
15 Advisory statements—the Act, s 33H
15 Advisory statements—the Act, s 33H
For the Act, section 33H(3), the advisory statements are prescribed in Schedule 3.
s 15: Subst 2022 (780), Sch 1[1].
16
Problem gambling information brochures—the Act, s 37
16 Problem gambling information brochures—the Act, s 37
16 Problem gambling information brochures—the Act, s 37
(1) For the Act, section 37(3), a non-proprietary association that conducts a race meeting at a licensed racecourse must—
(a) ensure copies of a problem gambling information brochure are available in each part of the racecourse in which betting service providers conduct a betting service, and
(b) position the copies in a way that is reasonable to expect that a person in that part of the premises would be alerted to the copies, and
(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.
Maximum penalty—50 penalty units.
(2) In this section—
foreign language problem gambling information brochure means a brochure containing the telephone number for GambleAware in a language other than English—
(a) approved by the Secretary, and
(b) published on the Liquor & Gaming NSW website.
GambleAware means the counselling and support service funded by the Responsible Gambling Fund.
problem gambling information brochure means a brochure containing the telephone number for GambleAware—
(a) approved by the Secretary, and
(b) published on the Liquor & Gaming NSW website.
Responsible Gambling Fund means the Fund established under the Casino Control Act 1992, section 115.
17
Counselling and gambling help notices to be displayed—the Act, s 37
17 Counselling and gambling help notices to be displayed—the Act, s 37
17 Counselling and gambling help notices to be displayed—the Act, s 37
(1) For the Act, section 37(3) and (4)(c), a non-proprietary association that conducts a race meeting at a licensed racecourse must—
(a) display a copy of the counselling notice near the main entrance to the racecourse and in each part of the racecourse in which betting is conducted, and
(b) position a copy of the counselling notice in a way that it is reasonable to expect a person in that part of the racecourse would be alerted to the contents of the notice, and
(c) display a copy of the gambling help notice on each automatic teller machine (ATM) and electronic funds transfer (EFT) facility at the racecourse.
Maximum penalty—50 penalty units.
(2) A gambling help notice displayed on an ATM or EFT facility may consist of a permanently visible light emitting display.
(3) In this section—
counselling notice means a notice approved by the Secretary—
(a) containing a statement about problem gambling help options, and
(b) published on a website maintained by Liquor & Gaming NSW.
gambling help notice means a notice approved by the Secretary—
(a) containing a statement about problem gambling help options for the purposes of ATMs and EFT facilities, and
(b) published on a website maintained by Liquor & Gaming NSW.
18
Gambling information and warnings—the Act, s 37
18 Gambling information and warnings—the Act, s 37
18 Gambling information and warnings—the Act, s 37
For the Act, section 37(3) and (4)(d), a licensed bookmaker must ensure that each ticket sold or given to a person for the purposes of placing a bet contains the following information—
(1) For the Act, sections 17B(3), 18(6) and 19(3), the fees specified in Schedule 2, Part 1, are prescribed.
(2) The fees are to be adjusted for inflation in accordance with Schedule 2, Part 2.
20
Exemption from offence for giving access to unlicensed betting service providers—the Act, s 30
20 Exemption from offence for giving access to unlicensed betting service providers—the Act, s 30
20 Exemption from offence for giving access to unlicensed betting service providers—the Act, s 30
For the Act, section 30(4), a person who is a member of the Communications Alliance is exempt from the operation of the Act, section 30(3).
21
Remedial orders—the Act, s 35A
21 Remedial orders—the Act, s 35A
21 Remedial orders—the Act, s 35A
For the Act, section 35A(1), the following offences are prescribed—
(a) offences under the Act, sections 29, 30, 33, 33H and 33J,
(b) offences under this Regulation, sections 16(1), 17(1) and 18.
22
Notice of integrity agreement—the Act, s 37
22 Notice of integrity agreement—the Act, s 37
22 Notice of integrity agreement—the Act, s 37
(1) This section applies for the Act, section 37(3).
(2) A sports controlling body must, as soon as possible after entering into an integrity agreement referred to in the Act, section 18A or 18C, give the Minister written notice of the day on which the agreement was entered into.
(3) The Minister may require a sports controlling body to publish a notice, in the way determined by the Minister, stating that the body has entered into an integrity agreement referred to in the Act, section 18C.
23
Savings
23 Savings
23 Savings
An act, matter or thing that, immediately before the repeal of the Betting and Racing Regulation 2012, had effect under that Regulation continues to have effect under this Regulation.
This Regulation is the Betting and Racing Regulation 2022.
2 Commencement
2 Commencement
2 Commencement
This Regulation commences on 1 September 2022.
Note—
This Regulation replaces the Betting and Racing Regulation 2012, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
3 Definitions
3 Definitions
In this Regulation—
applicant, for Part 3—see section 6.
approval, for Part 3—see section 6.
approval application, for Part 3—see section 6.
approval holder, for Part 3—see section 6.
close associate, for Part 3—see section 6.
CPI number, for Schedule 2—see Schedule 2, section 1.
fee unit, for Schedule 2—see Schedule 2, section 2(1).
financial year, for Schedule 2—see Schedule 2, section 1.
key employee, for Part 3—see section 6.
Liquor & Gaming NSW, for Part 4—see section 14.
Secretary means the Secretary of the Department of Enterprise, Investment and Trade.
the Act means the Betting and Racing Act 1998.
wagering turnover, for Part 3—see section 6.
Note—
The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.
Part 2 Sports controlling bodies—the Act, s 17B(3) and (4)
Part 2 Sports controlling bodies—the Act, s 17B(3) and (4)
Part 2 Sports controlling bodies—the Act, s 17B(3) and (4)
4 Application to be sports controlling body
4 Application to be sports controlling body
4 Application to be sports controlling body
(1) A person or body may apply to the Minister to be prescribed as the sports controlling body for a sporting event.
Grants an exemption from the Act’s offence for giving access to unlicensed betting service providers for Communications Alliance members (s 20).
Lists offences that may attract remedial orders (s 21), sets notice obligations for sports controlling bodies entering integrity agreements (s 22), and preserves pre‑existing effects under the old Regulation (s 23).
Declares specific offences eligible for penalty notices and fixes penalty notice amounts in Schedule 1.
The Regulation therefore translates high‑level Act provisions (notably ss 17B, 18, 19, 33A, 33B, 33H and related sections) into concrete administrative rules, fee structures and compliance mandates that affect sporting bodies, wagering operators, venue operators and advertisers (see s 3 for cross references to the Act).
Main concepts
The Regulation organises around several recurring regulatory concepts: approvals for use of race field information, the role of sports controlling bodies, responsible gambling interventions and fee/indexation machinery. Each is expressed in definitional and prescriptive terms.
Approval regime for NSW race field information (Part 3). The regulation defines an approval (a race field information use approval), applicants, approval holders, key employees and wagering turnover (s 6). It defines the concept of a close associate by reference to the opinion of the relevant racing control body and by reference to relevant financial interests, positions and powers (s 7). The approval regime covers both procedural rules (application form, timing and information requirements at s 12) and substantive decision criteria (fit and proper, integrity risk, whether licensed elsewhere at s 13).
Fee caps tied to wagering turnover (s 8). Relevant racing control bodies may impose fees that recover assessment costs and charge for use of NSW race field information. The Regulation imposes capped percentage ceilings for those fees: up to 4% where turnover is from wagers laid at totalizator derived odds; otherwise up to 3% for races at meetings with at least one race offering $1,000,000+ in total prizes, and up to 2.5% for other races (s 8(2)). Fees must include GST (s 8(2)(c)).
Permissible and integrity‑preserving conditions (ss 9-10). The Regulation lists permissible conditions that may attach to approvals: duration, permitted uses, reporting and audit requirements, financial notifications, licence holding requirements for operators conducting wagering in Australia, and specific integrity‑preserving conditions such as access to betting information, wagering monitoring, cooperation with inquiries, KYC/ID refusal, secure record‑keeping and public display of odds (ss 9; 10(1)).
Grounds for cancellation or variation (s 11). The Regulation prescribes grounds that allow a racing control body to cancel or vary approvals, including breach of conditions, change in controlling interest, convictions or disciplinary action affecting the holder or key employees, and employment of key employees with criminal records or disciplinary histories. It also prescribes circumstances where conditions may be imposed or varied to preserve integrity (s 11(2)).
Responsible gambling advertising regime (Schedule 3). The Regulation prescribes taglines and calls to action, maps them to types of advertisement, and sets rules on legibility, spoken vs displayed content, rotation of taglines over 12 months, and special rules for short format ads (Schedule 3, Parts 1-4; s 15; s 2 of sch 3).
Venue obligations for non‑proprietary racecourse associations (ss 16-17). These require visible availability of problem gambling brochures, provision of foreign language brochures on request, and display of counselling and gambling‑help notices at entrances, betting areas and on ATMs/EFTs. Ticket content requirement for licensed bookmakers is prescribed (s 18).
Finally, the fee unit indexation mechanism (Schedule 2, Part 2) links monetary fees to the Sydney CPI for March quarters, with a 2022-23 fee unit set at $500 and a non‑decreasing floor (Schedule 2, s 2).
Who it affects
This Regulation creates discrete obligations for several categories of regulated actors. Identify who pays, who decides and who must act.
Applicants to be prescribed sports controlling bodies (Part 2). Persons or bodies who wish to be prescribed as a sports controlling body for a sporting event may apply to the Minister. The applicant pays the application fee (Schedule 2, Part 1, Item 1) and must respond to Ministerial requests for further information (s 4). If the sports controlling body is not an individual entity but a collective, each member of the governing body has duties to ensure notifications are made (s 5(2)).
Prescribed sports controlling bodies (Part 2, ss 4-5, 22). Once prescribed, sports controlling bodies must inform the Minister of specified changes within 14 days (s 5(1)) and must notify the Minister when entering integrity agreements (s 22).
Wagering operators seeking to use NSW race field information (Part 3). Any person seeking an approval to use NSW race field information (an applicant under s 6) must observe the application form, timing and information requirements (s 12). Approval holders become subject to possible conditions specified by the relevant racing control body, including fees described at s 8, obligations to provide wagering and financial records for audit (s 9(d)), and integrity‑preserving conditions (s 10).
Key employees and close associates. The Regulation singles out key employees (people managing or supervising wagering operations, authorised decision makers, or engaged in wagering operations , s 6) and close associates (defined at s 7). Their criminal and disciplinary histories are disclosable on application where known (s 12(2)(f)-(g)), and their status may be a ground to cancel or vary approvals (s 11).
Relevant racing control bodies. These bodies act as decision‑makers: they impose and enforce approval conditions, assess applications against fit and proper and integrity criteria (s 13), may request further information from sports controlling body applicants (s 4(3)), and may impose or vary conditions in response to integrity concerns (s 11(2)). The Regulation gives them discretion (for example, the definition of close associate depends on the opinion of the racing control body, s 7(1)).
Non‑proprietary associations conducting race meetings at licensed racecourses. These associations must make problem gambling brochures available and display counselling and gambling help notices in specified locations (ss 16-17).
Licensed bookmakers. They must print the prescribed help message on each betting ticket supplied to customers (s 18).
Advertising publishers and betting service providers. Those placing gambling advertisements in the classes listed in Schedule 3 must include the prescribed tagline and call to action, follow legibility and spoken/display rules, and rotate taglines approximately equally over a 12‑month period (Schedule 3, Part 2).
Communications Alliance members. Members of the Communications Alliance are expressly exempted from the offence for giving access to unlicensed betting service providers under the Act s 30(3) by s 20 of this Regulation.
Who decides: the Minister prescribes sports controlling bodies and may determine publication requirements for notices relating to integrity agreements (s 22(3)). Relevant racing control bodies decide approval applications and attach conditions and fees subject to statutory caps and permissible condition lists (ss 8-13).
Key duties and rights
The Regulation places specific duties on regulated actors and gives decision rights to the Minister and relevant racing control bodies. Below are the principal duties and the corresponding rights to act.
Duties
Application form and timing. Applicants for race field information approvals must apply in writing in the published form and at least 30 days before the relevant race or the first race in a class (s 12(1)).
Information disclosure in applications. Applications must include name and contact details, intended uses of race field information, licence numbers, types of wagering, history of providing betting services and wagering turnover, criminal histories of applicant and known key employees/close associates, disciplinary history where known, and policies/procedures for racing integrity (s 12(2)).
Fee payment and reporting. Approval holders may be required to pay an application assessment fee and a race field information use fee; the latter must include GST and be calculated within statutory percentage caps tied to wagering turnover (s 8).
Notifications by sports controlling bodies. A sports controlling body must notify the Minister within 14 days of changes to its control over organisation of the event, board membership changes, changes in financial circumstance including insolvency, changes in persons/bodies with controlling interest, and commencement of criminal proceedings (s 5(1)).
Record keeping and audit cooperation. Approval holders may be required to provide wagering and financial records to enable audits, give access to all betting information and analyses relating to covered races, and permit monitoring of wagering activity (ss 9(d); 10(1)(a)-(c); 10(1)(g)-(h)).
Venue display and information duties. Non‑proprietary associations must have problem gambling brochures available in betting areas and display counselling and gambling help notices in specified locations and on ATM/EFTs (ss 16-17). Licensed bookmakers must include prescribed help information on each ticket sold or given to a person for placing a bet (s 18).
Advertising requirements. Publishers and advertisers must include the prescribed tagline and call to action appropriate to the advertisement type, ensure spoken text is intelligible and displayed text is legible, and rotate taglines approximately equally over 12 months (Schedule 3, Part 2).
Rights and delegated powers
Minister. May prescribe sports controlling bodies (s 4); may request further information in assessing applications (s 4(3)); may require sports controlling bodies to publish notice of entering an integrity agreement (s 22(3)).
Relevant racing control bodies. May impose conditions for approvals including fees within statutory caps (s 8(1)); must assess applications against fit and proper and integrity criteria (s 13); may cancel or vary approvals on prescribed grounds (s 11); may impose integrity‑preserving conditions or vary amounts to preserve integrity (s 11(2)).
Approval holders. Subject to conditions imposed by the relevant racing control body and entitled to receive an approval if criteria are met; fees charged are capped by the Regulation (s 8).
Compliance consequences and administration
Breach consequences. The Regulation prescribes grounds for cancellation/variation (s 11) and includes specific penalty notice amounts for certain Regulation offences (Schedule 1). Some breaches attract maximum penalties in the Regulation text (for example 50 penalty units for s 5(1) and various display duties, ss 16-18).
Audit and investigatory rights. The relevant racing control body may require access to records and to monitor wagering activity and may require cooperation with inquiries or investigations both in NSW and from other jurisdictions (s 10(1)(a)-(d)).
These duties reallocate costs and operational overhead onto applicants, approval holders, sports controlling bodies, venue operators and advertisers. The decision rights create administrative discretion for the Minister and the racing control bodies to calibrate conditions and fees within the prescribed boundaries.
Penalties and enforcement
The Regulation sets out multiple penalty mechanisms and enforcement levers. Enforcement is split between criminal/penalty unit maxima in the Regulation text, monetary penalty‑notice amounts in Schedule 1, and administrative remedies available to relevant racing control bodies and the Minister under the Act as implemented by this Regulation.
Monetary penalty notices
Schedule 1 lists offences for which penalty notices may be issued and specifies dollar amounts for individuals and corporations. Examples taken directly from Schedule 1 include: s 5(1) (failure to notify the Minister of change by a sports controlling body) attracting $550 (individuals) and $550 (corporations); s 16(1) (problem gambling brochures availability duty) $550 for individuals; s 17(1) (display of counselling/gambling help notices) $550 for individuals; s 18 (ticket warning duty) $550 for individuals and $550 for corporations. The Schedule also lists many offences under the Act with varying penalty notice amounts (Schedule 1).
Schedule 1 operates under the Act’s penalty notice mechanism (Act s 35AA as referenced in Schedule 1(1)).
Penalty units and maximum criminal penalties
Some obligations in the Regulation itself specify maximum penalties expressed in penalty units. For example, s 5(1) sets a maximum penalty of 50 penalty units for failing to notify the Minister of specified changes. Sections 16(1), 17(1), and 18 each carry maximum penalties of 50 penalty units (these are cross‑referenced in s 21 to remedial orders).
The Regulation cross‑references the Act for other criminal sanctions. The Act contains enforcement powers (not reproduced here) which interact with the Regulation’s list of offences prescribed for remedial orders (s 21).
Administrative enforcement and remedial orders
The Regulation prescribes offences that may attract remedial orders under the Act (s 21). Section 21 lists offences under the Act (ss 29, 30, 33, 33H and 33J) and offences under this Regulation (ss 16(1), 17(1) and 18). That provides an administrative avenue to obtain remedial orders in respect of those specified offences.
The relevant racing control body has power to cancel or vary approvals on prescribed grounds (s 11). Those powers function as ex post regulatory enforcement against approval holders , for example, cancellation on breach of conditions or where a key employee is convicted or disciplined (s 11(1)(a), (c)-(d)).
Discretion and standards of review
Several decision points rest on evaluative standards that are framed as matters of opinion for the relevant racing control body, such as whether a person is “a close associate” (s 7(1) depends on the opinion of the relevant racing control body), and whether the applicant is fit and proper (s 13(1)(a)). Those standards create enforcement discretion. The Regulation requires certain considerations to be taken into account and prohibits others (s 13(2)).
The Minister retains notification and publication powers (s 22).
Practical enforcement implications
Monetary penalties for advertising and venue obligations are modest in dollar terms when expressed as penalty‑notice amounts (Schedule 1), but remedial orders and approval cancellations potentially have greater operational consequences for wagering businesses.
The power to require access to betting information and to audit financial and wagering records (s 10(1)(a)-(d); s 9(d)) places compliance burdens on approval holders and increases the practical enforceability of conditions.
The enforcement regime therefore combines monetary penalties for lower‑level compliance failures with administrative powers (cancellation, remedial orders, audit rights) that can significantly affect an operator’s business when conditions are breached or integrity risks arise.
How it interacts with other laws
This Regulation explicitly cross‑references and operates in conjunction with several primary statutes and administrative instruments. The text sets out those cross‑links and prescribes how delegated powers under the Betting and Racing Act 1998 are to be exercised.
Primary statutory interactions
Betting and Racing Act 1998. The Regulation gives effect to multiple sections of the Act, particularly ss 17B, 18, 19, 33A, 33B, 33H, 33O, 35A and 35AA. Many provisions are framed as “For the Act, section X” indicating the Regulation prescribes matters required by those Act sections (for example ss 8, 9, 10, 11, 12, 13, 15, 19, 21). The Act remains the primary statutory source for offences, powers to issue remedial orders, and overarching licensing and integrity frameworks; the Regulation implements detailed procedural and operational elements.
Casino Control Act 1992. The Responsible Gambling Fund referenced in s 16 is established under the Casino Control Act 1992, s 115. The Regulation therefore ties venue obligations to a counselling service funded under that Act.
A New Tax System (Goods and Services Tax) Act 1999 (Commonwealth). The Regulation treats GST as having the same meaning as in that Commonwealth Act (s 8(3)). Fees for race field information must include GST (s 8(2)(c)), which affects fee calculation and invoicing.
Interpretation Act 1987. The Regulation notes that definitions and interpretation rules in the Interpretation Act 1987 apply (s 3 note).
Operational cross‑jurisdictional interactions
Licences issued in other States and Territories. The Regulation requires the relevant racing control body to consider whether an applicant holds a licence under the legislation of another State or Territory (s 13(1)(c)). Conversely, the Regulation prohibits taking into account whether an applicant is licensed under NSW legislation rather than a licence from another State/Territory (s 13(2)(c)). Additionally, s 9(g) permits conditions requiring an approval holder who conducts wagering operations in Australia to hold and continue to hold a licence under a relevant State or Territory law authorising wagering operations.
Cooperation with other jurisdictions’ racing control bodies. The Regulation authorises cooperation with inquiries or investigations carried out by racing control bodies in other jurisdictions and requires approval holders to cooperate and provide information to such inquiries (s 10(1)(d)).
Communications infrastructure. Section 20 creates an exemption for members of the Communications Alliance from the Act s 30(3) offence for giving access to unlicensed betting service providers. That is a specific carve‑out interacting with communications industry membership.
CPI indexing and public notification. The Schedule 2 fee unit indexing uses the Consumer Price Index, All Groups Index, for Sydney as published by the ABS (Schedule 2, Part 2, s 1). The Secretary must notify the Parliamentary Counsel and publish indexed fee amounts on government websites (Schedule 2, s 4), which connects regulatory fees to published Commonwealth ABS statistics and administrative publication obligations.
Legal hierarchy and evidence weight
The Regulation must be read against the Act. Any inconsistency would be resolved by reference to primary legislation. Several sections explicitly operate “for the Act” meaning they supply the particulars the Act requires. The Regulation does not create broader licensing regimes; it provides conditions, caps and procedural requirements in the framework established by the Act.
The Regulation’s definitions and prescriptive lists narrow administrative discretion in certain ways (for example specified cap percentages at s 8) and preserve discretion in others (for example “in the opinion of the relevant racing control body” in s 7(1)).
In short, the Regulation is an implementing instrument that depends on and interlocks with the Betting and Racing Act 1998, consumer protection and tax laws (GST), the Casino Control Act for the Responsible Gambling Fund, and ABS CPI data for fee indexation. It also anticipates cross‑jurisdictional regulatory cooperation, and provides a specific exemption for Communications Alliance members under the Act.
Amendment history
The Regulation contains internal markers of its enactment and substitution history limited to the text provided.
Commencement and replacement. The Regulation commences on 1 September 2022 and expressly replaces the Betting and Racing Regulation 2012, which was repealed on that date under the Subordinate Legislation Act 1989, s 10(2) (s 2 and accompanying note).
Insertions and substitutions noted in the text. Schedule 3 (the advisory statements) carries margin notes indicating “sch 3: Ins 2022 (780), Sch 1[2]” and s 15 notes “s 15: Subst 2022 (780), Sch 1[1]”. Those notations indicate Schedule 3 and section 15 were inserted or substituted by the 2022 instrument (the parenthetical 780 denotes the statutory instrument identifier in the Regulation's publication metadata). The text does not list any other amendments or historical versions beyond that replacement and the insertion notes.
Fee unit base year. The fee unit was set at $500 for 2022-23 (Schedule 2, Part 2, s 2(1)(a)). Indexation thereafter follows the formula using the March quarter CPI for the financial year immediately preceding the financial year for which the new fee unit applies (Schedule 2, s 2(1)(b)). The Schedule provides non‑decreasing protection: if the calculated fee unit is less than that of the previous year, the previous year’s amount continues to apply (s 2(3)).
Savings provision. Section 23 preserves acts, matters or things that had effect under the repealed 2012 Regulation so that they continue to have effect under this Regulation, which is a standard transitional saving provision.
No other amendment history or prior versions are contained in the text you supplied. The Regulation itself includes internal marginal references indicating 2022 insertions or substitutions, and the commencement note ties the instrument to the repeal of the 2012 Regulation by operation of the Subordinate Legislation Act 1989. The Regulation therefore appears as a consolidated 2022 instrument implementing the policy choices reflected in the inserted Schedule 3 and the procedural rules set out across Parts 2-5.
Litigation history
The Regulation text does not include, reference, or reproduce any litigation history. It contains no citations to cases and names no judicial decisions. The instrument sets out administrative rules, fees, conditions and offences, but there is no material in the Regulation itself describing judicial determinations, appeals, or litigation outcomes.
For legal practitioners seeking litigation history or judicial interpretation of the provisions replicated here, the Regulation provides the statutory text and cross‑references to the Betting and Racing Act 1998 and other statutes, but does not supply decisions. Any challenge to the exercise of discretion by the Minister or a relevant racing control body (for example under s 13’s evaluative “fit and proper” test or s 7’s “in the opinion of the relevant racing control body” test) would be litigable under general administrative law grounds and Act remedies. However, the Regulation does not indicate any reported cases, Tribunal decisions, or administrative appeals under the Act relevant to these specific provisions.
If litigation history is required for practical work , for example judicial review of approvals, cancellation decisions, or remedial order enforcement , the source material for that history is not provided here. The Act and the decisions of NSW courts and tribunals should be searched separately to identify any cases construing the Act and the delegated powers the Regulation implements.
Gotchas
The Regulation contains several operational nuances and drafting points that can create compliance traps or unexpected consequences for operators, sports bodies and venues. These points are matters of concrete mechanics, not policy judgement.
“Close associate” is an opinion‑based test. The determination whether a person is a close associate is made “in the opinion of the relevant racing control body” (s 7(1)). The term encompasses persons who hold or will hold relevant financial interests, relevant positions, or relevant powers in the applicant’s or approval holder’s business (s 7(1)-(2)). Because the standard is expressly evaluative, applicants cannot rely on a purely objective statutory threshold; the relevant racing control body’s view governs.
Fee caps use categories tied to how wagers are laid. Fee caps in s 8(2) differentiate turnover derived from wagers laid at totalizator derived odds (capped at 4%) and other wagers (capped at 3% or 2.5% depending on prize levels). Practitioners must parse the definitions: “totalizator derived odds” are odds derived from or contingent on totalizator odds but do not include totalizator odds; “totalizator odds” are odds dependent on the outcome of a totalizator (s 8(3)). Small drafting nuances here determine which cap applies.
Publicly displayed odds versus account‑gated displays. The Regulation defines “publicly display” to include display on a website “without requiring a person to identify themselves” (s 10(2)). Operators that display odds behind login gates, geolocation or age verification that requires personal identification may fall outside the definition of “publicly display” for the purposes of s 10(1)(i), but the operative condition requires public display in the sense given. That distinction affects how operators can manage odds visibility and limits.
Advertising rotation and format constraints. Schedule 3 requires that taglines be used “approximately equally” over a 12‑month period (sch 3, Part 2(4)). This imposes an operational requirement to track and rotate creative assets, which may be awkward for campaign‑based or seasonal marketing. Certain taglines and calls to action must be spoken only, and if tagline 1 appears on TV/video it must be both visual and spoken (sch 3, Part 2(5)-(6)). Short form radio ads (< 15s) have no required call to action (sch 3, Part 4).
TAB Limited exception is narrow. TAB Limited may use an “additional advisory statement” in place of the prescribed advertising advisory statements, but only at premises operated by TAB Limited, operated on behalf of TAB Limited, or that have an agreement with TAB Limited for provision of betting services (sch 3, Part 5(2)-(3)). That exception does not extend to broader advertising channels.
KYC and account refusal requirements. Conditions can require approval holders not to open or maintain accounts for persons who are warned off or disqualified, or who have not provided sufficient identity evidence (s 10(1)(e)-(f)). Providers relying on digital onboarding must ensure their KYC processes achieve the “sufficient evidence” standard; the Regulation does not define “sufficient”, which leaves room for disagreement with a racing control body.
Audit and data access. Conditions may require disclosure of all betting information and analyses in relation to covered races and participation in a specified online wagering monitoring system (s 10(1)(a), (h)). That implicates data privacy, commercial confidentiality and systems integration effort.
Timelines for applications and notices. Approval applications must be lodged at least 30 days before races (s 12(1)(c)). Sports controlling bodies must notify the Minister of changes within 14 days (s 5(1)). Operational failure to meet those timelines attracts penalty exposure (s 5(1) maximum penalty 50 penalty units; Schedule 1 sets a $550 penalty‑notice amount for s 5(1)).
Fee unit indexation rounding rules and floor. Fee unit indexation uses a March quarter CPI comparison (Schedule 2, Part 2, s 2). Rounding rules apply (s 2(2), s 3), and an anti‑deflationary floor prevents fee units from declining year on year (s 2(3)). Users must track ABS releases and the Secretary’s public notice (s 4) but must also recognise the indexed fees operate regardless of notification.
Prohibition on location as a criterion. Relevant racing control bodies must not take into account the location of an applicant or whether they are licensed under NSW legislation rather than another State or Territory when assessing race field information applications (s 13(2)). That limits arguments based on domicile or head office location in decision‑making but does not immunise operators from other suitability considerations.
Remedial orders and prescribed offences. The Regulation prescribes offences under the Act and the Regulation as eligible for remedial orders (s 21). That may lead to administrative orders beyond monetary penalties, so the practical consequence of regulatory breaches may be larger than the penalty‑notice amounts listed in Schedule 1.
These are concrete technical points that should be checked in drafting, compliance audits and operational planning. They affect data architecture, KYC procedures, marketing practices, contract drafting with monitoring providers, and corporate governance steps for sports controlling bodies.
How to comply
Compliance requires aligning application documentation, operational systems, advertising practices and venue displays with the Regulation’s prescriptive requirements. Below are step‑by‑step practical measures and checklists organised by actor.
For applicants seeking to be prescribed as a sports controlling body (s 4)
Prepare the Ministerial application in the approved form and pay the fee specified in Schedule 2, Part 1, Item 1 (5.2 fee units) (s 4(2)(a)-(c); Schedule 2).
In the application, specify the sporting event and document the degree of control over organisation, governance arrangements, experience managing events, and how betting services will be conducted responsibly (s 4(2); s 4(4)(a)-(d)).
Build into governance processes the 14‑day notification duty for changes in control, board membership, financial position including insolvency, persons with controlling interest, and commencement of criminal proceedings. Ensure the sports controlling body’s governing members understand their individual responsibility where the body is not a single person (s 5(1)-(2)).
For applicants for race field information approvals (Part 3, s 12)
Lodge applications in writing, in the form published by the relevant racing control body, at least 30 days before the race or the class’s first race (s 12(1)).
Include the full list of required documents and information: applicant identity and contact details; clear statement of how NSW race field information will be used (race/class, wagering types, intended publication plans); licence numbers; types of wagering; history and wagering turnover; criminal and disciplinary histories of applicant, key employees and known close associates; and integrity policies/procedures for racing in NSW (s 12(2)).
Conduct internal diligence on key employees and close associates because their criminal/disciplinary histories, if known, must be disclosed (s 12(2)(f)-(g)). Document the due diligence process so it can be demonstrated if audited.
If granted an approval (ss 8-11)
Budget for fees in accordance with the caps at s 8(2). Fee calculation must include GST (s 8(2)(c)). Ensure systems can attribute wagering turnover to the buckets described (totalizator derived odds v other) so fees can be accurately computed.
Prepare for possible conditions listed in s 9 and s 10. Implement secure record‑keeping systems that can produce proper audit trails, and ensure the organisation can provide financial and wagering records in the format and times requested (s 9(d); s 9(f); s 10(1)(g)).
Implement procedures for cooperation with inquiries and investigations and to provide betting account details if required (s 10(1)(b)-(d)).
Ensure KYC procedures and the onboarding stack can refuse to open or maintain accounts for persons who are warned off or disqualified and can verify identity to the standard required (s 10(1)(e)-(f)). Keep logs of refusal reasons and identity checks.
If operating in Australia, hold and continue to hold the required State or Territory wagering licence if conditioned to do so (s 9(g)).
Data, monitoring and privacy
Prepare to integrate with any online wagering monitoring systems specified by the relevant racing control body (s 10(1)(h)). This may require APIs, data mapping, and contractual agreements.
Review privacy and confidentiality policies and contractual terms to ensure disclosure to racing control bodies and cooperation with inquiries is lawful and appropriately scoped. Preserve records to meet audit and investigation timelines.
Advertising and marketing compliance (Schedule 3)
Map all advertising channels against Schedule 3’s classification (bsp app, bsp website, digital, direct marketing types, print, radio categories, social media, television/video) and implement a compliant tagline/call mapping for each (Schedule 3, Part 4).
Ensure taglines and calls to action are legible or clearly audible: spoken text must be intelligible; displayed text must be readable at the size/type used (sch 3, Part 2(2)-(3)).
Implement creative rotation tracking to use each prescribed tagline approximately equally over 12 months for each advertisement type (sch 3, Part 2(4)). Maintain logs to evidence rotation if required.
Respect spoken/display limitations: certain taglines and calls may only be spoken (sch 3, Part 2(5)), and if tagline 1 is used in TV/video it must be both visual and spoken (sch 3, Part 2(6)).
For app and website advertisements, include the prescribed calls to action (for example call C “Set a deposit limit” for bsp app ads) and ensure product UIs allow deposit limits to be set if callers are directed there.
Venue operators and bookmakers (ss 16-18)
Non‑proprietary associations at licensed racecourses must have problem gambling brochures available in each betting area, positioned to alert patrons, and provide foreign language brochures on request from approved materials (s 16).
Display counselling notices near main entrances and in betting areas and display gambling help notices on ATMs/EFT devices; for displays on ATMs/EFTs a permanently visible LED display suffices (s 17).
Licensed bookmakers must ensure each ticket sold or given to a person for placing a bet contains the specified help message verbatim: “Help is close at hand / www.gambleaware.nsw.gov.au / 1800 858 858” (s 18).
Corporate governance and staffing
Screen key employees for criminal record and disciplinary history and avoid employing persons whose records are disqualifying under s 11(1)(e). Maintain personnel files documenting checks performed and outcomes.
Maintain financial and wagering reporting systems that can produce wagering turnover figures for race-by-race accounting and fee calculation.
Administrative and timeline controls
Implement calendar reminders and instance‑based triggers for the 30‑day application lead time and the 14‑day change notification requirement to the Minister (s 12(1)(c); s 5(1)).
Track the Secretary’s and Parliamentary Counsel’s published fee unit notifications and indexation changes (Schedule 2, Part 2, s 4).
Recordkeeping and audit readiness
Maintain archived copies of advertising creative, rotation logs, ticket templates, KYC records, account opening refusals and all communications with the relevant racing control body or Minister. The Regulation gives audit and information‑request rights (s 9(d); s 10(1)(a)-(d)).
Practical contracts
If a business relies on third‑party technology (monitoring platforms, KYC providers, ad publishers), ensure contracts allocate responsibilities to meet the Regulation’s record, monitoring and communications obligations. Include clauses to permit production of information to racing control bodies on demand.
These steps translate the Regulation’s obligations into operational controls. The documentation trail and demonstrable procedures are crucial where the Regulation authorises audits, remedial orders and cancellation of approvals.
Section 4Application to be sports controlling body
(b) specify the sporting event to which the application relates, and
(c) be accompanied by the fee specified in Schedule 2, Part 1, Item 1.
(3) The Minister may request further information from the applicant for the purposes of assessing the application.
(4) The Minister must consider the following when assessing the application—
(a) if the applicant is the most appropriate person or body to be the sports controlling body for the sporting event,
(b) the degree of the applicant’s control over the organisation of the event,
(c) how the applicant intends to ensure betting services are conducted responsibly and with integrity,
(d) the applicant’s level of experience in managing sporting events,
(e) the public interest.
5 Sports controlling body to inform Minister of change in circumstances
5 Sports controlling body to inform Minister of change in circumstances
5 Sports controlling body to inform Minister of change in circumstances
(1) A sports controlling body must give the Minister written notice of the following changes within 14 days of the change—
(a) a change in the degree of the body’s control over the organisation of the sporting event,
(b) a change in the membership of the body’s board of directors,
(c) a change in the body’s financial circumstances, including insolvency,
(d) a change in the persons or bodies with a controlling interest in the body,
(e) the commencement of criminal proceedings against the body.
Maximum penalty—50 penalty units.
(2) For subsection (1), if the sports controlling body is not a person, each member of the sports controlling body’s governing body must ensure the Minister is given written notice of the change.
Part 3 Use of NSW race field information
Part 3 Use of NSW race field information
Part 3 Use of NSW race field information
6 Definitions
6 Definitions
6 Definitions
In this Part—
applicant means an applicant for an approval.
approval means a race field information use approval.
approval application means an application for a race field information use approval.
approval holder means a person who holds an approval.
close associate—see section 7(1).
key employee, for an applicant or an approval holder, means a person, whether or not appointed under a contract of service, who—
(a) manages or supervises the applicant’s or approval holder’s wagering operations, or
(b) is authorised to make decisions regulating the applicant’s or approval holder’s wagering operations, or
(c) is concerned or engaged in the applicant’s or approval holder’s wagering operations.
wagering turnover, in relation to a race or class of races, means the total amount of wagers made on the backers side of a wagering transaction in connection with the race or class of races.
7 Meaning of “close associate”
7 Meaning of “close associate”
7 Meaning of “close associate”
(1) For this Part, a person is a close associate of an applicant or an approval holder if the person—
(a) is or will be able, in the opinion of the relevant racing control body, to exercise significant influence over the applicant’s or approval holder’s business because the person—
(i) holds or will hold a relevant financial interest in the business, or
(ii) is or will be entitled to exercise a relevant power in the business, or
(b) holds or will hold a relevant position, whether in the person’s own right or on behalf of another person, in the applicant’s or approval holder’s business.
(2) In this section—
relevant financial interest, in a business, means—
(a) a share in the capital of the business, or
(b) an entitlement to receive income derived from the business, whether the entitlement is at law, in equity or otherwise.
relevant position means—
(a) the position of director, manager or secretary, or
(b) another executive position, however described.
relevant power means a power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
(a) to participate in the making of a decision that may only be made by a person in a relevant position, or
(b) to elect or appoint a person to a relevant position.
8 Fees for approvals—the Act, s 33A
8 Fees for approvals—the Act, s 33A
8 Fees for approvals—the Act, s 33A
(1) For the Act, section 33A(2)(a), a relevant racing control body may impose a condition for an approval holder to pay the following fees—
(a) a fee to cover the cost of assessing the approval application,
(b) a fee for the use of NSW race field information—
(i) in Australia in the course of providing a betting service, or
(ii) for a commercial purpose, other than in the course of providing a betting service.
(2) A fee imposed for the use of NSW race field information in the course of providing a betting service—
(a) must not exceed 4% of the approval holder’s wagering turnover if the holder’s wagering turnover is from wagers laid by the holder—
(i) at totalizator derived odds, and
(ii) at races to which the approval relates, and
(b) if the holder’s wagering turnover is not from wagers laid by the holder at totalizator odds—
(i) must not exceed 3% of the holder’s wagering turnover for a race to which the approval relates at a race meeting where the total value of all prizes for at least 1 race is $1,000,000 or more, and
(ii) must not exceed 2.5% of the holder’s wagering turnover for any other race to which the approval relates, and
totalizator derived odds means odds derived from or contingent on totalizator odds, but does not include totalizator odds.
totalizator odds means odds dependent on the outcome of a totalizator.
9 Permissible conditions for approvals—the Act, s 33A
9 Permissible conditions for approvals—the Act, s 33A
9 Permissible conditions for approvals—the Act, s 33A
For the Act, section 33A(2)(b), the following kinds of conditions are prescribed as permissible conditions—
(a) conditions specifying the duration of the approval, including a condition that the approval operates until it expires or is cancelled,
(b) conditions specifying the way in which NSW race field information may be used under the approval,
(c) conditions requiring the approval holder to notify the relevant racing control body of certain matters, including the following—
(i) a change in the persons or bodies with a controlling interest in the approval holder,
(ii) a change in the approval holder’s financial circumstances, including insolvency or a significant improvement in wagering turnover,
(iii) the commencement of proceedings, including disciplinary action, against the approval holder in New South Wales or elsewhere under legislation or rules in relation to betting or racing,
(d) conditions requiring the approval holder to give the relevant racing control body information, including the approval holder’s financial and wagering records, to enable the body to audit and assess the holder’s compliance with the approval,
(e) conditions specifying the times within which the approval holder must pay fees due under the approval,
(f) conditions requiring the approval holder to give the relevant racing control body information about the approval holder’s wagering turnover in the way and within the times specified in the condition,
(g) if the approval holder conducts wagering operations in Australia—conditions requiring the approval holder to hold, and continue to hold, a licence or authority, however described, under a relevant State or Territory law that authorises the approval holder to carry out wagering operations.
Note—
An approval may be given for a single race or class of races—see the Act, section 33A(1). A class may be defined in many ways, including by geography or time.
10 Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A
10 Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A
10 Permissible conditions to preserve integrity of racing in New South Wales—the Act, s 33A
(1) In addition to this Regulation, section 9, for the Act, section 33A(2)(b), conditions to preserve the integrity and reputation of the relevant kind of racing in New South Wales are prescribed as permissible conditions, including the following conditions requiring the approval holder—
(a) to give the relevant racing control body access to all the approval holder’s betting information and analyses in relation to the races covered by the approval,
(b) to give information to an inquiry or investigation specified by the relevant racing control body, within the time specified by the body,
(c) to permit the relevant racing control body to monitor wagering activity that relates to the races covered by the approval,
(d) to cooperate with either of the following, including by providing requested details of a betting account to the inquiry—
(i) an inquiry carried out by the relevant racing control body,
(ii) an inquiry or investigation carried out by a racing control body in another jurisdiction,
(e) not to open or maintain an account for a person who has been—
(i) warned off, or prohibited from attending, a racecourse by a relevant racing control body, or
(ii) disqualified from participating in racing activities by a relevant racing control body,
(f) not to open an account for a person who has not provided sufficient evidence of the person’s identity,
(g) to use a secure system to record the holder’s wagering operations to ensure a proper audit trail is kept,
(h) to participate in an online wagering monitoring system specified by the relevant racing control body,
(i) to accept a bet, up to a maximum amount specified in the condition, at odds that are publicly displayed by the approval holder, including by requiring the approval holder to—
(i) do anything to comply with the condition, or
(ii) not do anything to avoid compliance with the condition, for example closing or placing restrictions on a person’s betting account.
(2) In this section—
publicly display, in relation to odds, means to display odds to the public generally including—
(a) on a semaphore board, or
(b) at an electronic betting terminal, or
(c) on a website, without requiring a person to identify themselves, for example, by requiring a person to log in or to provide personal information.
11 Grounds for cancelling or varying approvals—the Act, s 33A
11 Grounds for cancelling or varying approvals—the Act, s 33A
11 Grounds for cancelling or varying approvals—the Act, s 33A
(1) For the Act, section 33A(4), the following grounds for cancelling or varying an approval are prescribed—
(a) the breach of a condition of the approval,
(b) a change in the persons who have a controlling interest in the approval holder,
(c) the conviction of the approval holder or a key employee of an offence, in New South Wales or elsewhere,
(d) the taking of disciplinary action against the approval holder or a key employee under legislation in relation to betting or racing, in New South Wales or elsewhere,
(e) the employment of a person as a key employee if the person has—
(i) a criminal record, or
(ii) been subject to disciplinary action under legislation in relation to betting or racing, in New South Wales or elsewhere.
(2) The following grounds for varying an approval are prescribed—
(a) the relevant racing control body considers it necessary to do either of the following to preserve the integrity and reputation of the type of racing that is the subject of the approval in New South Wales—
(i) impose a condition specified in section 10(1)(i),
(ii) if the approval holder is already subject to the condition—vary the maximum amount specified in the condition,
(b) a change in the approval holder’s financial circumstances, including insolvency or a significant improvement in wagering turnover,
(c) an amendment to section 8(2) that changes the way in which a fee imposed for the use of NSW race field information in the course of providing a betting service is calculated.
12 Applications for approvals—the Act, s 33B
12 Applications for approvals—the Act, s 33B
12 Applications for approvals—the Act, s 33B
(1) For the Act, section 33B(2)(a), an approval application must be made—
(a) in writing, and
(b) in the form published by the relevant racing control body, and
(c) at least 30 days before—
(i) the race to which the approval relates, or
(ii) if the approval relates to a class of races—the first race in the class of races to which the approval relates.
(2) For the Act, section 33B(2)(b), the appl
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