52Special provisions relating to registration of bookmakers

#### 52 Special provisions relating to registration of bookmakers 52 Special provisions relating to registration of bookmakers > > (1) An individual over the age of 18 years or a proprietary company may apply to the Commission for registration as a bookmaker. > > > (2) Despite any other provision of this Act, the Commission must refuse to grant an application for registration of a proprietary company as a bookmaker unless the Commission is satisfied that the company is an eligible company. > > > (3) For the purposes of this section, eligible company means a proprietary company that is registered under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth and in which— > > > > > (a) each director, shareholder and person concerned in the management of the company is of or over the age of 18 years, and > > > > > (b) each director is registered as a bookmaker under this Act, and > > > > > (c) each director is a shareholder and person concerned in the management of the company, and > > > > > (d) each shareholder who is not a director is a close family member of a director, and > > > > > (e) each shareholder or person concerned in the management of the company who is not a director is, in the opinion of the Commission, a fit and proper person to be registered as an individual as a bookmaker under this Act, and > > > > > (f) no shareholder or person concerned in the management of the company, other than a director, is registered as an individual as a bookmaker under this Act, and > > > > > (g) subject to the regulations, no person (other than a shareholder) has any interest in the shares or assets of the company. > > > (4) It is a condition of a company’s registration as a bookmaker under this Act that— > > > > > (a) the company continues to be an eligible company, and > > > > > (b) no director, shareholder or person concerned in the management of the company— > > > > > > > (i) is a director, shareholder or person concerned in the management of, or is an employee or agent of, any other company that is registered as a bookmaker under this Act, or > > > > > > > (ii) has a financial interest in any business of a bookmaker that is carried on by any such other company under the authority of its registration under this Act, or > > > > > > > (iii) is registered or otherwise authorised as an individual to carry on, or carries on, the business of a bookmaker, bookmaker’s clerk or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, in another country, or > > > > > > > (iv) is a director, shareholder or person concerned in the management of a corporation, or is a member of a partnership, that is registered or otherwise authorised to carry on, or that carries on, any such business in another country, or > > > > > > > (v) is an employee or agent of any individual, partnership or corporation referred to in subparagraph (iii) or (iv), or > > > > > > > (vi) has a financial interest in the business of a bookmaker or turf commission agent, or a totalizator business, or any other kind of betting, wagering, gambling or gaming business, that is authorised to be carried on or is carried on in another country. > > > (5) It is a condition of a company’s registration as a bookmaker under this Act that any director, shareholder or person concerned in the management of the company must not— > > > > > (a) carry on the business of a bookmaker, otherwise than on behalf of the company, in relation to any greyhound, horse or harness race, at a greyhound race meeting in New South Wales, or > > > > > (b) carry on, at a racecourse licensed for greyhound racing, the business of a bookmaker in respect of a declared betting event otherwise than on behalf of the company. > > > (6) In subsection (4) (b), a reference to carrying on the business of a bookmaker, or the business of a bookmaker’s clerk or turf commission agent, includes a reference to acting as a bookmaker, or a bookmaker’s clerk or turf commission agent. > > > (7) The Commission may suspend or cancel the registration of a company as a bookmaker if satisfied that any condition referred to in subsection (4) or (5) is contravened in respect of the company. This does not limit the power of the Commission to suspend or cancel the registration of a company as a bookmaker under Division 1 of Part 6. > > > (8) Any debt that is incurred by a company in carrying on business as a bookmaker registered under this Act is enforceable jointly and severally against all persons who are directors of the company at the time the debt is incurred (whether or not they are directors at the time the debt is sought to be enforced). > > > (9) In this section— > > > > close family member of a director means— > > > > > (a) a spouse, de facto partner, parent, child, brother or sister of the director, or > > > > > (b) a person who has a relationship with the director that is prescribed by the regulations for the purposes of this definition. > > > > Note. > > > > “De facto partner” is defined in section 21C of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015). > > > > declared betting event has the same meaning as it has in the [Betting and Racing Act 1998](/view/html/inforce/current/act-1998-114). > > > > financial interest in a bookmaking business means an entitlement to receive any of the income from the business. > > > > proprietary company has the same meaning as in the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth.