Part 20Racing and Gambling Legislation Amendment Act 2008

Part 20—Racing and Gambling Legislation Amendment Act 2008 Sch. 7 cl. 20.1 inserted by No. 73/2008 s. 30. 20.1 Definition ***amending Act*** means the **Racing and Gambling Legislation Amendment Act 2008**. Sch. 7 cl. 20.2 inserted by No. 73/2008 s. 30. 20.2 Registration of bookmakers A person who, immediately before the commencement of section 23 of the amending Act, held a certificate of registration as a bookmaker under section 86 of the **Racing Act 1958** is taken, on and after that commencement, to be a bookmaker registered under Part 5A of Chapter 4 for the remaining term of his or her registration, subject to this Act. Sch. 7 cl. 20.3 inserted by No. 73/2008 s. 30. 20.3 Approval of bookmakers to be in partnerships An approval under section 86B of the **Racing Act 1958** that was in force immediately before the commencement of section 23 of the amending Act is taken, on and after that commencement, to be an approval under section 4.5A.10 for the remaining term of the approval, subject to this Act. Sch. 7 cl. 20.4 inserted by No. 73/2008 s. 30. 20.4 Approval of companies to act as bookmakers (1) A corporation that, immediately before the commencement of section 23 of the amending Act, had approval to act as a bookmaker under section 86C of the **Racing Act 1958** is taken, on and after that commencement, to be a bookmaker registered under Part 5A of Chapter 4 for the remaining term of the approval, subject to this Act. (2) A corporation referred to in subclause (1) must nominate an individual aged 18 years or more for approval under section 4.5A.8 to be the nominee of the corporation. (3) A nomination under subclause (2) must be made within 60 days (or the longer period allowed by the Commission) after the commencement of section 23 of the amending Act. Sch. 7 cl. 20.5 inserted by No. 73/2008 s. 30. 20.5 Registration of bookmaker's clerks A person who, immediately before the commencement of section 23 of the amending Act, held a certificate of registration as a bookmaker's clerk under section 87 of the **Racing Act 1958** is taken, on and after that commencement, to be a bookmaker's key employee registered under Part 5A of Chapter 4 for the remaining term of his or her registration, subject to this Act. Sch. 7 cl. 20.6 inserted by No. 73/2008 s. 30. 20.6 Applications made but not determined (1) An application by a person for registration under section 86 of the **Racing Act 1958** that was made but not determined before the commencement of section 23 of the amending Act must be determined by the Commission on or after that commencement as if it were an application under section 4.5A.2 of this Act by the person for registration as a registered bookmaker. (2) An application by a bookmaker for approval under section 86B of the **Racing Act 1958** that was made but not determined before the commencement of section 23 of the amending Act must be determined by the Commission on or after that commencement as if it were an application by a registered bookmaker under section 4.5A.9 of this Act. (3) An application by a company for approval under section 86C of the **Racing Act 1958** that was made but not determined before the commencement of section 23 of the amending Act must be determined by the Commission on or after that commencement as if it were an application under section 4.5A.2 of this Act by the company for registration as a registered bookmaker. (4) An application by a person for registration under section 87 of the **Racing Act 1958** that was made but not determined before the commencement of section 23 of the amending Act must be determined by the Commission on or after that commencement as if it were an application under section 4.5A.3 of this Act for registration as a bookmaker's key employee. Sch. 7 cl. 20.7 inserted by No. 73/2008 s. 30. 20.7 Disciplinary action by the Commission (1) Disciplinary action may be taken by the Commission under Part 5A of Chapter 4 after the commencement of section 23 of the amending Act whether the conduct giving rise to that action occurred before, on or after that commencement. (2) In taking disciplinary action under Part 5A of Chapter 4 in relation to conduct occurring before the commencement of section 23 of the amending Act, the Commission may have regard to anything done by the Bookmakers and Bookmakers' Clerks Registration Committee in relation to that conduct before that commencement. Sch. 7 cl. 20.8 inserted by No. 73/2008 s. 30. 20.8 Guarantee of bookmakers against defaults in payment of wagers (1) A bond in force under section 94A(1) of the **Racing Act 1958** immediately before the commencement of section 17 of the amending Act remains in force on and after that commencement, as if, instead of being given in favour of the Bookmakers and Bookmakers' Clerks Registration Committee, it had been given in favour of the Commission. (2) An Order in force under section 94A(2B) of the **Racing Act 1958** immediately before the commencement of section 17 of the amending Act remains in force on and after that commencement, as if it were an Order made under section 94A(2B) of the **Racing Act 1958** as substituted by that section 17. Sch. 7 Pt 21 (Heading and cls 21.1–21.3) inserted by No. 71/2008 s. 41.