Australian Capital Territory
Pool Betting Act 1964
A1964-15
Republication No 6
Effective: 22 March 2010
Republication date: 22 March 2010
Last amendment made by A2009-39
Authorised by the ACT Parliamentary Counsel
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Pool Betting Act 1964 (including any amendment made under the
Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 22 March 2010. It also
includes any amendment, repeal or expiry affecting the republished law to 22 March 2010.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the
ACT legislation register at www.legislation.act.gov.au):
authorised republications to which the Legislation Act 2001 applies
unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made
by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117).
The changes are made if the Parliamentary Counsel considers they are desirable to bring the law
into line, or more closely into line, with current legislative drafting practice.
This republication does not include amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced or is affected by an uncommenced
amendment, the symbol U appears immediately before the provision heading. The text of the
uncommenced provision or amendment appears only in the last endnote.
Modifications
If a provision of the republished law is affected by a current modification, the symbol M
appears immediately before the provision heading. The text of the modifying provision appears
in the endnotes. For the legal status of modifications, see Legislation Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $110 for
an individual and $550 for a corporation (see Legislation Act 2001, s 133).
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contents 1
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Australian Capital Territory
Pool Betting Act 1964
Contents
Page
1 Name of Act 2
2 Dictionary 2
3 Notes 2
4 Application 2
5 Prohibition of certain pool betting 2
6 Approval of pool betting schemes 3
7 Restriction on advertising pool betting 4
8 Restriction on distribution of pool betting coupons 4
9 Printing of coupons for certain pool betting competitions prohibited 5
10 Audit 5
12 Misappropriation of entry fees or winnings 6
13 Supervision of conduct of pool betting 6
13A Levy on interstate pool betting competitions 7
13B Time for payment of levy 8
13C Agreement for payment of levy by State 8
Contents
Page
contents 2 Pool Betting Act 1964
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15 Regulation-making power 8
Dictionary 9
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 14
5 Earlier republications 16
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Australian Capital Territory
Pool Betting Act 1964
An Act relating to pool betting
Section 1
page 2 Pool Betting Act 1964
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1 Name of Act
This Act is the Pool Betting Act 1964.
2 Dictionary
The dictionary at the end of this Act is part of this Act.
Note 1 The dictionary at the end of this Act defines certain terms used in this
Act.
Note 2 A definition in the dictionary applies to the entire Act unless the
definition, or another provision of the Act, provides otherwise or the
contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
3 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of
notes.
4 Application
This Act does not apply in relation to betting that may lawfully be
conducted under any other Territory law.
5 Prohibition of certain pool betting
(1) A person shall not conduct a pool betting competition otherwise
than under and in accordance with a pool betting scheme approval
for the carrying on of which by that person is in force under
section 6.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Section 6
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(2) If an approval granted under section 6 for the carrying on of a pool
betting scheme is subject to a condition imposing a requirement or
prohibition on the person carrying on the pool betting scheme, the
person shall not contravene that condition.
Maximum penalty: 50 penalty units.
6 Approval of pool betting schemes
(1) A person who wishes to carry on a pool betting scheme (other than a
scheme that involves betting on or by reference to the playing of an
unlawful game) may apply in writing to the commission for
approval for the carrying on of that pool betting scheme by that
person.
Note If a form is approved under the Gambling and Racing Control Act 1999,
s 53D (Approved forms) for an application, the form must be used.
(2) Subject to subsection (3), the commission may, in its discretion,
grant or refuse the approval.
(3) The commission shall not grant approval under subsection (2) in
relation to a pool betting scheme that is lawfully carried on under a
law of a State unless an agreement has been entered into under
section 13C between the commission and the appropriate authority
of that State in relation to the promoter of the pool betting
competitions to be conducted under that scheme.
(4) Subsection (3) does not apply in relation to a pool betting scheme
for the conduct of soccer football pools.
(5) If the commission grants approval for the carrying on of a pool
betting scheme, the approval is subject to the conditions (if any)
imposing requirements or prohibitions on the person carrying on the
pool betting scheme that the commission considers necessary to
ensure that, as far as possible, the scheme and pool betting
competitions under the scheme will be properly carried on and
conducted and the interests of persons participating in such a pool
betting competition will be adequately protected.
Section 7
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(6) As soon as practicable after the commission has granted or refused
approval for the carrying on of a pool betting scheme, the
commission shall notify in writing the person who applied for
approval of the grant or refusal of approval.
(7) In any proceeding, a certificate issued by the commission specifying
whether an approval for the carrying on of a pool betting scheme
specified in the certificate has been granted under this section and, if
an approval has been granted, specifying the conditions (if any) to
which the approval is subject is evidence of the matters specified.
(8) If an agreement referred to in subsection (3) is terminated, the
approval granted under subsection (2) for the carrying on of the pool
betting scheme in relation to which that agreement was entered into
shall, by force of this subsection, cease to be in force.
7 Restriction on advertising pool betting
A person shall not—
(a) print or publish, or cause or permit to be printed or published;
or
(b) display, or cause or permit to be displayed, in any public place
or in any place that is visible from a public place;
an advertisement, sign or notice relating to a pool betting
competition other than a pool betting competition under an approved
pool betting scheme.
Maximum penalty: 10 penalty units.
8 Restriction on distribution of pool betting coupons
A person shall not distribute or circulate a coupon, entry form or
printed card in connection with a pool betting competition other
than a pool betting competition under an approved pool betting
scheme.
Maximum penalty: 10 penalty units.
Section 9
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9 Printing of coupons for certain pool betting competitions
prohibited
A person shall not print, or cause or permit to be printed, a coupon,
entry form or printed card in connection with a pool betting
competition other than a pool betting competition under an approved
pool betting scheme.
Maximum penalty: 5 penalty units.
10 Audit
(1) The commission may, by written notice to a person who is or has
been concerned in the carrying on of a pool betting scheme, require
the person to give to the commission, within a period specified in
the notice—
(a) a written statement showing the whole of the receipts and
disbursements in connection with any pool betting competition
under the pool betting scheme; and
(b) all books, documents, coupons, entry forms or printed cards
relating to the pool betting competition.
(2) The commission may keep any statements, books, documents or
printed matter that are so given to the commission and may cause
them to be audited by a person authorised by the commission for the
purpose.
(3) A person so authorised under subsection (2) may, by written notice
to a person who is or has been concerned in the conduct of a pool
betting competition, require the person, within a period specified in
the notice, to give him or her with the information in the possession
of the person or to which the person has access, and to answer the
questions, that the authorised person considers necessary for the
purposes of the audit.
Section 12
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(4) A person to whom a requirement is directed under this section shall
comply with the requirement.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(5) A notice under this section to a person may be given personally to
the person or may be sent by post to the last-known place of
residence or business of the person.
12 Misappropriation of entry fees or winnings
A person who is concerned in the carrying on of a pool betting
scheme shall not convert to his or her own use any of the stake
money or entry fees paid in connection with, or any of the winnings
or prizes of, a pool betting competition under the pool betting
scheme.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
13 Supervision of conduct of pool betting
(1) If it appears to the commission to be desirable for the purpose of
protecting the interests of persons participating in a pool betting
competition that the conduct of the pool betting competition should
be supervised, the commission may, by written notice, authorise a
person to supervise the pool betting competition.
(2) The person authorised under subsection (1) may—
(a) enter any place where a pool betting scheme is being or is to be
carried on; and
(b) give to persons who have been or become concerned in the
carrying on of the scheme or the conduct of a pool betting
competition under the scheme the directions in relation to such
a pool betting competition that he or she considers necessary to
Section 13A
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ensure as far as possible that the interests of persons
participating in the pool betting competition are protected.
(3) A person shall not, on being shown the notice of authority under
subsection (1)—
(a) hinder or obstruct the person authorised by the notice in the
exercise of his or her powers under this section; or
(b) contravene a direction given to him or her under subsection
(2).
Maximum penalty:
(a) for paragraph (a)—50 penalty units, imprisonment for
6 months or both; or
(b) for paragraph (b)—50 penalty units.
13A Levy on interstate pool betting competitions
(1) If the promoter of a pool betting competition that is lawfully
conducted under a law of a State receives money that was paid in
the ACT by or on behalf of a person in connection with the
submission in the ACT by the person of an entry in the competition,
the promoter is liable to pay to the Territory—
(a) if the competition is a soccer football pool—an amount equal
to; or
(b) in any other case—an amount equal to the prescribed
percentage of;
the amount that is payable by the promoter by way of duty (however
described) under the law of that State in relation to the amount of
money so received or that would be so payable but for any provision
of that law exempting that promoter from liability for that duty
because an amount is payable to the Territory under this section in
relation to the money so received.
Section 13B
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(2) For this section, the prescribed percentage, in relation to an amount
payable under a law of a State, is—
(a) if a percentage is determined by the commission in relation to
such an amount for this section—the determined percentage; or
(b) in any other case—50%.
(3) A determination is a disallowable instrument.
Note A disallowable instrument must be notified, and presented to the
Legislative Assembly, under the Legislation Act 2001.
13B Time for payment of levy
An amount that is payable to the Territory under section 13A
becomes due 21 days after the end of the calendar month when the
amount became payable.
13C Agreement for payment of levy by State
(1) The commission may enter into an agreement with the appropriate
authority of a State in relation to the collection in that State of
amounts from time to time payable under section 13A by a specified
promoter of pool betting competitions that are lawfully conducted
under the law of that State, and the payment of amounts so collected
to the Territory.
(2) If an amount is paid to the Territory under an agreement referred to
in subsection (1), the liability that, apart from this subsection, the
promoter specified in the agreement would have under section 13A
to pay that amount is discharged.
15 Regulation-making power
The Executive may make regulations for this Act.
Note Regulations must be notified, and presented to the Legislative
Assembly, under the Legislation Act 2001.
Dictionary
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Dictionary
(see s 2)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this Act.
Note 2 For example, the Legislation Act, dict, pt 1 defines the following terms:
Executive
exercise
disallowable instrument
gambling and racing commission
penalty unit
State
Territory.
approved pool betting scheme means a pool betting scheme
approval for the carrying on of which has been granted
under section 6.
commission means the gambling and racing commission.
pool betting competition means a competition or transaction
involving betting by a group of persons one with another at
otherwise than fixed odds and on terms that the winnings or prizes
of the persons in the group who are winners of the competition or
transaction are or include, or are determined by reference to, the
amount of the stake money or entry fees paid or agreed to be paid by
the group of persons.
pool betting scheme means a scheme or arrangement for the
conduct of 1 or more pool betting competitions, including the
negotiation, receipt or payment of money in connection with such a
competition.
promoter, in relation to a pool betting competition, means the
person carrying on the pool betting scheme under which that
competition is conducted.
Dictionary
page 10 Pool Betting Act 1964
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soccer football pool means a pool betting competition in which
rights to winnings or prizes are determined by reference to the
results of certain soccer football matches.
unlawful game—see the Unlawful Gambling Act 2009.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished
law but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws and expiries are listed in the legislation history and
the amendment history. These details are underlined. Uncommenced provisions
and amendments are not included in the republished law but are set out in the last
endnote.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
am = amended ord = ordinance
amdt = amendment orig = original
ch = chapter par = paragraph/subparagraph
def = definition pres = present
dict = dictionary prev = previous
disallowed = disallowed by the Legislative (prev...) = previously
Assembly pt = part
div = division r = rule/subrule
exp = expires/expired renum = renumbered
Gaz = gazette reloc = relocated
hdg = heading R[X] = Republication No
IA = Interpretation Act 1967 RI = reissue
ins = inserted/added s = section/subsection
LA = Legislation Act 2001 sch = schedule
LR = legislation register sdiv = subdivision
LRA = Legislation (Republication) Act 1996 sub = substituted
mod = modified/modification SL = Subordinate Law
o = order underlining = whole or part not commenced
om = omitted/repealed or to be expired
Endnotes
3 Legislation history
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3 Legislation history
This Act was originally a Commonwealth ordinance—the Pool Betting Ordinance
1964 Ord1964-15 (Cwlth).
The Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 34 (4)
converted most former Commonwealth ordinances in force in the ACT into ACT
enactments. This allowed the ACT Legislative Assembly to amend and repeal the
laws. This Act was converted into an ACT enactment on 11 May 1989 (self-
government day).
As with most ordinances in force in the ACT, the name was changed from
Ordinance to Act by the Self-Government (Citation of Laws) Act 1989 A1989-21,
s 5 on 11 May 1989 (self-government day).
Before 11 May 1989, ordinances commenced on their notification day unless
otherwise stated (see Seat of Government (Administration) Act 1910 (Cwlth),
s 12).
Legislation before becoming Territory enactment
Pool Betting Act 1964 A1964-15
notified 28 August 1964
commenced 1 September 1964
as amended by
Ordinances Revision (Decimal Currency) Ordinance 1966 Ord1966-19
notified 23 December 1966
commenced 23 December 1966
Pool Betting (Amendment) Ordinance 1981 Ord1981-1
notified 5 February 1981
ss 1-6, s 8 commenced 22 June 1982 (Cwlth Gaz 1982 No S128)
s 7 commenced 19 July 1982 (Cwlth Gaz 1982 No S153)
Pool Betting (Amendment) Ordinance 1982 Ord1982-18
notified 7 May 1982
ss 1-3, s 5, s 6 commenced 22 June 1982 (Cwlth Gaz 1982 No S128)
s 4 commenced 19 July 1982 (Cwlth Gaz 1982 No S153)
Pool Betting (Amendment) Ordinance (No 2) 1982 Ord1982-101
notified 31 December 1982
commenced 31 December 1982
Endnotes
Legislation history 3
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Pool Betting (Amendment) Ordinance 1984 Ord1984-26
notified 29 June 1984
commenced 1 July 1984 (Cwlth Gaz 1984 No S244)
Self-Government (Consequential Amendments) Ordinance 1989
Ord1989-38 sch 1
notified 10 May 1989 (Cwlth Gaz 1989 No S160)
s 1, s 2 commenced 10 May 1989 (s 2 (1))
sch 1 commenced 11 May 1989 (s 2 (2) and see Cwlth Gaz 1989
No S164)
Legislation after becoming Territory enactment
Pool Betting (Amendment) Act 1990 A1990-48
notified 10 December 1990 (Gaz 1990 No S87)
s 1, s 2 commenced 10 December 1990 (s 2 (1))
remainder commenced 1 January 1991 (s 2 (2))
Financial Management and Audit (Consequential and Transitional
Provisions) Act 1996 A1996-26 sch pt 24
notified 1 July 1996 (Gaz 1996 No S130)
commenced 1 July 1996 (s 2)
Statute Law Revision (Penalties) Act 1998 A1998-54 sch
notified 27 November 1998 (Gaz 1998 No S207)
s 1, s 2 commenced 27 November 1998 (s 2 (1))
sch commenced 9 December 1998 (s 2 (2) and see Gaz 1998 No 49)
Gambling and Racing Control (Consequential Provisions) Act 1999
A1999-47 sch
notified 17 September 1999 (Gaz 1999 No S54)
s 1, s 2 commenced 17 September 1999 (s 2 (1))
sch commenced 1 December 1999 (s 2 (2) and see Gaz 1999 No S63)
Legislation (Consequential Amendments) Act 2001 A2001-44 pt 291
notified 26 July 2001 (Gaz 2001 No 30)
s 1, s 2 commenced 26 July 2001 (IA s 10B)
pt 291 commenced 12 September 2001 (s 2 and see Gaz 2001
No S65)
Endnotes
4 Amendment history
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Criminal Code (Theft, Fraud, Bribery and Related Offences)
Amendment Act 2004 A2004-15 sch 2 pt 2.69
notified LR 26 March 2004
s 1, s 2 commenced 26 March 2004 (LA s 75 (1))
sch 2 pt 2.69 commenced 9 April 2004 (s 2 (1))
Statute Law Amendment Act 2007 (No 2) A2007-16 sch 3 pt 3.31
notified LR 20 June 2007
s 1, s 2 taken to have commenced 12 April 2007 (LA s 75 (2))
sch 3 pt 3.31 commenced 11 July 2007 (s 2 (1))
Unlawful Gambling Act 2009 A2009-39 sch 2 pt 2.5
notified LR 17 November 2009
s 1, s 2 commenced 17 November 2009 (LA s 75 (1))
sch 2 pt 2.5 commenced 22 March 2010 (s 2 and CN2010-2)
4 Amendment history
Dictionary
s 2 om A2001-44 amdt 1.3248
ins A2007-16 amdt 3.133
Notes
s 3 am Ord1981-1; Ord1984-26
defs reloc to dict A2007-16 amdt 3.132
sub A2007-16 amdt 3.133
Application
s 4 am Ord1981-1
Prohibition of certain pool betting
s 5 am Ord1966-19; Ord1981-1; A1998-54 sch
Approval of pool betting schemes
s 6 am Ord1981-1; Ord1982-18; A1999-47 sch; A2001-44 amdt
1.3249; ss renum R2 LA (see A2001-44 amdt 1.3250)
Restriction on advertising pool betting
s 7 am Ord1966-19; A1998-54 sch
Restriction on distribution of pool betting coupons
s 8 am Ord1966-19; A1998-54 sch
Printing of coupons for certain pool betting competitions prohibited
s 9 am Ord1966-19; A1998-54 sch
Audit
s 10 am Ord1966-19; A1998-54 sch; A1999-47 sch
Endnotes
Amendment history 4
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Falsification of books etc
s 11 am A1998-54 sch
om A2004-15 amdt 2.146
Misappropriation of entry fees or winnings
s 12 am Ord1966-19; A1998-54 sch
Supervision of conduct of pool betting
s 13 am Ord1966-19; A1998-54 sch; A1999-47 sch
Levy on interstate pool betting competitions
s 13A ins Ord1981-1
am Ord1982-18; Ord1982-101; Ord1989-38 sch 1; A1999-47
sch; A2001-44 amdt 1.3251; A2007-16 amdt 3.134
Time for payment of levy
s 13B ins Ord1981-1
am Ord1989-38 sch 1
Agreement for payment of levy by State
s 13C ins Ord1981-1
am Ord1982-18; Ord1989-38 sch 1; A1999-47 sch
Payments of levy to Consolidated Revenue Fund
s 13D ins Ord1981-1
am Ord1989-38 sch 1; A1990-48 s 4
om A1996-26 sch pt 24
Delegation
s 14 am A1999-47 sch
om A2007-16 amdt 3.135
Regulation-making power
s 15 am Ord1989-38 sch 1
sub A2001-44 amdt 1.3252
Dictionary
dict ins A2007-16 amdt 3.136
def approved pool betting scheme reloc from s 3 A2007-16
amdt 3.132
def commission ins A1999-47 sch
reloc from s 3 A2007-16 amdt 3.132
def pool betting competition reloc from s 3 A2007-16
amdt 3.132
def pool betting scheme reloc from s 3 A2007-16 amdt 3.132
def promoter reloc from s 3 A2007-16 amdt 3.132
def soccer football pool reloc from s 3 A2007-16 amdt 3.132
def unlawful game reloc from s 3 A2007-16 amdt 3.132
am A2009-39 amdt 2.8