The Act regulates legal bookmaking in the ACT, creating separate licensing regimes for individual race bookmakers and corporate sports bookmakers, with suitability checks, security guarantees and a turnover tax. The Gambling and Racing Commission and Minister set many operational rules and venue approvals by delegated instruments, and the Commission handles dispute resolution, licensing, disciplinary powers and enforcement. It principally affects applicants, licence-holders, venue operators and bettors.
This Act establishes a licensing and regulatory framework for bookmaking on races and specified sports events in the Australian Capital Territory. It distinguishes between race bookmaking and sports bookmaking, creates separate licence classes for licensees and their agents, sets processes for application, renewal, conditions and cancellation of licences, prescribes offences and penalties, provides for taxation of bookmakers, and establishes dispute resolution powers for the Gambling and Racing Commission (the commission). Key mechanical elements are:
Licence regimes and scope: Race bookmaking licences are available to individuals (s 6). Sports bookmaking licences are available to corporations (s 25). Separate agent licences exist for nominated individuals acting for race or sports bookmakers (ss 12, 34). The Act defines what constitutes race bookmaking and sports bookmaking (dict; see also s 19 for sport-bookmaking offences).
Who decides and how: The commission is the primary decisionmaker for issuing, refusing, conditioning, suspending and cancelling licences (eg ss 7, 8, 26, 27, 67). The Minister may determine quantitative and other policy settings, including the maximum number of sports bookmaking licences (s 24), tax rates and methods (s 65), and fees (s 97). Many operational and technical regimes are set by written determinations or directions that are disallowable instruments (eg ss 20, 21, 22, 23, 24, 29, 65, 90).
Suitability, security and checks: Applications require consent to police checks for criminal records (s 6(2), s 10A(2)(b), s 12(3)). Applicants and certain persons associated with sports bookmakers must meet suitability requirements (s 92). The commission may require applicants and licensees to provide security guarantees sized by a determination under s 90 (ss 4B, 90, 92(3)-(4)). The commission may amend security guarantees and require provision of amended guarantees (s 91).
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Race and Sports Bookmaking Act 2001
A2001-49
Republication No 20
Effective: 26 December 2025
Republication date: 26 December 2025
Last amendment made by A2025-29
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 Race and Sports Bookmaking Act 2001 (including any amendment
made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on
26 December 2025. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 26 December 2025.
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 includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
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 the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
Conditions, directions and codes: Licences and approvals may be issued subject to conditions and the commission may amend those conditions (ss 8(1)-(2), 27(1)-(2), 50(1)-(2)). The commission can give directions about how a venue or licensee operates (ss 22, 62). Licensees must comply with codes of practice prescribed under regulations (s 63).
Offences and enforcement: The Act prescribes criminal offences for unauthorised bookmaking (ss 5, 19), age-restricted betting (s 72A), unauthorised activities outside permitted venues or events (ss 73, 73A), telephone betting requirements (ss 75-76) and interference with prescribed equipment (s 77). Some offences are treated under the Criminal Code ch 2 as to criminal responsibility (s 4A). Penalties in the republication document are expressed in penalty units with values at the republication date listed in the republication preface.
Tax and returns: Tax is imposed on bookmakers’ turnover at rates and methods determined by the Minister (s 64, s 65). Returns must be provided to the commission within specified periods (s 66).
Dispute resolution and internal review: The commission has a specific procedure for resolving betting disputes referred by backers (div 6.2: ss 56-61). Internally reviewable administrative decisions are listed in schedule 1 and may be reconsidered by an internal reviewer and reviewed by the ACT Civil and Administrative Tribunal (ACAT) (pt 10, ss 82-84). Timeframes for representations and reviews are specified.
Mechanically, the Act creates an ecosystem where licence supply, venue designation and event definition are controlled by the commission and the Minister through a mix of primary law, written determinations and disallowable instruments. It allocates compliance tasks to applicants and licensees including police consents, security guarantees, record keeping, telephone equipment compliance, tax returns and notifications of corporate change. The commission has investigatory, disciplinary and direction-making powers (ss 41, 67, 62) and a structured internal review and external review path to ACAT (pt 10).
Main concepts
The Act builds on a small set of recurring statutory concepts. These are defined in the dictionary and deployed across parts of the scheme.
Bookmaker and agent: A race bookmaker is an individual who holds a race bookmaking licence; a sports bookmaker is a corporation holding a sports bookmaking licence (dict). Each licence type has a corresponding agent licence for a nominated person (ss 12, 34; dict).
Race bookmaking versus sports bookmaking: Race bookmaking covers the business of receiving or negotiating bets on races, excluding conduct of a totalisator (dict). Sports bookmaking covers bets on sporting or other events that the commission has determined are sports bookmaking events (ss 20, dict). The Act makes clear that a sports bookmaker taking bets on races that are sports betting events is not, solely for that reason, a race bookmaker (s 5(3); s 19(3)).
Suitability and security guarantee: Suitability requirements are a bundled set of character and financial fitness criteria applied to relevant persons including reputation, recent criminal history, financial position, associations and corporate structure (s 92(1)). Security guarantees are documents that satisfy the commission about the applicant’s or licensee’s ability to meet liabilities; the commission may determine minimum amounts (s 4B, s 90, s 92(3)-(4)). The Minister or commission may set the minimums and the commission may later amend the guarantee amount and require provision within a specified period (ss 90, 91).
Licensing, conditions and discretionary power: The commission issues licences subject to conditions for the proper conduct of bookmaking or otherwise in the public interest (ss 8(1), 27(1)). It may change conditions by written notice (ss 8(2), 27(2)). The Act enumerates grounds for mandatory cancellation (s 68) and for discretionary disciplinary action (s 69). The commission’s investigatory powers in considering an application are broad: it may make inquiries and compel information from relevant persons (s 41).
Venue designation, approvals and rules: The commission may determine sports bookmaking events and venues (ss 20-21). It may designate a sports bookmaking venue as a venue where race bookmaking may be carried on by approved race bookmakers; approvals to operate at designated venues are separate from licences (ss 47-49). Rules for sports bookmaking may prescribe operational requirements including minimum bets, methods of betting, record keeping and audits (s 23(2)).
Enforcement architecture: Offences carry monetary penalties and, for some, imprisonment (eg ss 5 and 19 max 50 penalty units and 6 months). Several offences are strict liability (eg s 73A(5)). The Criminal Code ch 2 applies to specified offences under this Act (s 4A). The commission may hold inquiries, suspend licences without prior representations in some circumstances, and must cancel licences in specified circumstances (ss 67-68). The Act provides for codes of practice and directions which licensees are required to obey (ss 62-63).
Reviewable decisions and dispute resolution: Administrative decisions listed in schedule 1 are internally reviewable and may be reconsidered by an internal reviewer within specified timeframes and then reviewed by ACAT (pt 10, ss 82-84). Betting disputes by backers against bookmakers may be referred to the commission for directions which may be enforced civilly (div 6.2: ss 56-61).
These concepts interact as operational levers. For example, suitability and security guarantee requirements are triggers for licence refusal or cancellation (ss 26(2), 92), while determinations and rules (disallowable instruments) set the technical operating details for sports bookmaking (ss 20-23). The Act expressly links regulatory instruments to Parliamentary oversight by making many determinations disallowable instruments (eg ss 20, 21, 23, 24, 29, 65, 90).
Who it affects
The Act creates regulatory obligations and rights that fall on a defined set of private and public actors. Briefly:
Applicants for licences. Individuals applying for race bookmaking licences must submit to police checks (s 6(2)). Corporations applying for sports bookmaking licences must supply suitability authorisations for directors and potentially for influential shareholders (s 25(2)(d)-(e), s 25(3)). Applicants for agent licences must include a nomination and the nominated person’s consent and police check authorisation (ss 12(1)-(3), 34(3)).
Licensees and agents. Holders of race or sports bookmaking licences and their agents bear operational duties, such as complying with licence conditions (ss 8, 27), obeying directions (ss 22, 62), complying with codes of practice (s 63), filing tax returns if a determination requires (s 66), maintaining telephone equipment if prescribed (ss 75, 87-88) and notifying the commission of corporate changes (s 80). Agents are specifically constrained to act only for the bookmaker who applied for their licence (s 5(2)(b); s 12(1); s 34(1)).
Sports bookmaking venues and race meeting organisers. The commission determines sports bookmaking venues (s 21) and may designate venues where race bookmaking may occur (s 47). Racing clubs must provide the commission with details of persons engaged in race bookmaking at race meetings shortly after events (s 79). Approval to engage in race bookmaking at designated sports bookmaking venues requires a separate approval process and potential security guarantees (ss 47-49, 48(2)).
Backers (bettors). Backers who claim unpaid or underpaid bets have an explicit referral route to the commission for disputed bets that arise with sports bookmakers or race bookmakers at sports bookmaking venues (ss 55-61). Time limits apply; referrals must be made within 28 days after event completion unless exceptional circumstances exist (s 57(2)-(3)).
The commission and the Minister. The commission performs licensing, investigatory, disciplinary, fee-collection, register-keeping and dispute-resolution functions (eg ss 41, 42, 67, 89, 56-61). The Minister sets higher-level parameters such as maximum numbers of sports licences (s 24), tax rates and methods (s 65), and fees (s 97). Many rules are made as disallowable instruments, creating Parliamentary oversight points (eg ss 20-23, 65, 90).
Third parties required to provide information. The commission may require relevant persons to provide information or documents in relation to applications (s 41(2)(b)). Failure to comply allows the commission not to consider the application unless satisfied there is a reasonable excuse (s 41(3)). The commission may also require licensees to provide information about disputed bets (s 59).
The public. The commission may disclose information about licences issued, suspended or cancelled if it considers it in the public interest (s 46). Regulations may require the commission to provide such information to prescribed entities (s 46(3)).
Who pays. Financial burdens fall on applicants and licensees: application and licence fees set by Ministerial determination (s 97), costs of considering applications required to be paid to the commission (s 42), taxes on turnover as determined by the Minister (s 64-65) and financial penalties imposed as disciplinary sanctions (s 69(10)(c)). Failure to pay amounts due under the Act becomes a debt owing to the commission (s 42(7), s 70(5)).
Who decides. The commission is the central administrative decisionmaker for licensing, approvals, disciplinary action and dispute direction-making (eg ss 7, 26, 67, 60). The Minister sets statutory parameters and makes determinations affecting supply and pricing (ss 24, 29, 65, 97). Parliament retains oversight where determinations are disallowable instruments (eg ss 20-23, 65, 90).
Key duties and rights
The Act sets procedural duties for applicants and operational duties for licensees, and it gives substantive powers to the commission and limited rights for administrative review.
Applicant duties and rights
Police consent and suitability: Individuals and nominated persons must consent to police checks (s 6(2), s 12(3), s 16A(3)). Corporations must include suitability authorisations for directors and potentially influential shareholders (s 25(2)(d)-(e), s 25(3)). The commission must not decide an application until it has considered police reports required under the Act (s 6(3), s 10B(2), s 13(4), s 25(4)).
Representation rights: If the commission is not satisfied about suitability matters it must give written notice specifying matters of concern and the applicant has a right to make written or oral representations within 14 days or a longer period allowed (s 7(4)-(6); similar rules for agent, sports licence and renewals: ss 13(3)-(5), 26(4)-(6), 10B(4)-(6), 16B(4)-(6)).
Costs and fees: The commission determines costs of considering applications and issues written notices requiring payment; applicants may be required to pay estimates up front and the commission must reconcile excesses or shortfalls when final costs are known (s 42(1)-(6)). The Minister may determine fees (s 97).
Licensee duties and rights
Compliance with conditions and directions: Licence holders must comply with conditions on licences (s 8(1)) and with any directions about how operations are to be conducted (s 62). Where conditions are changed, licensees must return licences within seven days (s 8(4)).
Records, equipment and telephone betting: The commission may set rules for telephone betting and may prescribe equipment and procedures; race bookmakers may only accept telephone bets if those procedures and equipment requirements are met (ss 75-76). The commission may authorise and direct persons to maintain prescribed equipment (s 87) and give directions about maintenance and control of telephone equipment (s 88).
Tax and reporting: Bookmakers must pay tax on turnover at rates determined by the Minister (ss 64-65). Returns must be lodged within 28 days after the end of a period determined under s 65(1) or (2) (s 66). Failure to lodge can attract a penalty up to 20 penalty units (s 66(1)-(2)).
Notifications of change: Sports bookmakers must notify the commission of changes to corporate particulars within 14 days and may be required to supply suitability authorisations for new directors or influential shareholders (s 80(1)-(7)). Failure to notify or supply information can attract penalties including up to 50 penalty units (s 80(2), (4)).
Commission powers and constraints
Licensing discretion and conditions: The commission may issue, refuse and condition licences based on statutory criteria and its assessment of matters such as conviction histories, financial fitness and the ability to pay bets (ss 7, 10B, 26, 92). Many technical requirements and rules are delegated to written determinations and disallowable instruments (eg ss 20-23, 65, 90).
Investigatory powers: In considering applications the commission may make inquiries and require information from relevant persons (s 41). Failure to comply allows the commission not to consider the application absent reasonable excuse (s 41(3)).
Disciplinary powers: The commission can hold inquiries (s 67), suspend licences pending inquiry where necessary in the public interest and cancel licences if specified criteria are met (s 68). It may also impose discretionary penalties ranging from reprimands to financial penalties and cancellation (s 69).
Review rights
Internal review: The Act lists specific decisions that are internally reviewable (schedule 1). A person affected by an internally reviewable decision receives an internal review notice and may apply to the commission for reconsideration by an internal reviewer who did not make the original decision (ss 82A, 82B, 83-83A). The internal reviewer has 28 days to reconsider (s 83A(2)).
External review: Parties may apply to the ACAT to review a reviewable decision (s 84).
Enforcement rights and remedies
Betting dispute directions: On referral of a betting dispute the commission must issue a direction that states whether the bookmaker owes the backer an amount or not; that direction may be tendered in civil proceedings and can be enforced; the ACAT may stay payment during review in certain circumstances (ss 60-61).
Disclosure: The commission may disclose licence status in the public interest (s 46).
These duties and rights create an administrative cycle: suitability screening, licence issuance with conditions, ongoing compliance (including notification and record keeping), regulation of methods (rules, codes and equipment), dispute resolution and discipline, with internal and external review paths.
Penalties and enforcement
The Act combines administrative and criminal enforcement with civil avenues for debt recovery and outcome enforcement. It provides monetary penalties, imprisonment in certain offences, licensing sanctions and mechanisms for disputing or obtaining relief.
Criminal offences and penalty structure
Unauthorised bookmaking. Receiving or negotiating bets without the appropriate licence is a criminal offence. For race bookmaking, the general prohibition is in s 5 with a maximum penalty of 50 penalty units, imprisonment for 6 months or both. For sports bookmaking, the criminal prohibition is in s 19 with the same maximum penalty. The republication preface records penalty unit values at the republication date: $160 per unit for an individual and $810 per unit for a corporation (republication preface).
Age and prohibited conduct. Betting by a child and accepting bets from a child are offences (s 72A). Additional offences cover unauthorised bookmaking at places or on events not permitted by the Act (s 73A), contravening telephone betting requirements (ss 75-76), interference with prescribed equipment (s 77), and failing to produce licences or signatures when required by an authorised officer (s 78).
Strict liability and Criminal Code application. Some offences are strict liability offences, specifically s 73A(5) specifies strict liability for that section. Section 4A states that certain offences under the Act are subject to the Criminal Code ch 2 which governs criminal responsibility and sets out matters such as burdens of proof and defences; the provisions listed include s 19 (sports bookmaking without licence), s 72A (betting by or on behalf of a child) and s 73A (unauthorised bookmaking).
Administrative and licensing enforcement
Disciplinary procedures. The commission may hold an inquiry (s 67). It may suspend a licence during inquiry where the commission believes suspension is necessary in the public interest; it is not obliged to give the licensee an opportunity to make representations before suspension in some circumstances (s 67(5)-(6)). Following inquiry, mandatory cancellation applies if the commission is satisfied on reasonable grounds that listed criteria are met (s 68). For some situations cancellation is mandatory unless the commission, in the circumstances, considers alternative penalties appropriate (s 68(8)).
Discretionary sanctions. If mandatory cancellation does not apply, the commission may take discretionary disciplinary action including reprimand, varying licence conditions, imposing financial penalties (up to $10,000 or higher if regulation prescribes), suspension for a period or until conditions are met, cancellation, or cancel/suspend approvals (s 69(10)). Financial penalties not paid become debts to the commission (s 70(5)).
Notice and appeals. The Act prescribes notice procedures and effective dates for cancellations and suspensions (s 70). Many disciplinary and licensing decisions are internally reviewable (schedule 1) and are subject to reconsideration by an internal reviewer and external review by ACAT (pt 10).
Enforcement of betting directions and civil recovery
Betting dispute directions: When the commission directs that a bookmaker owes a backer an amount it must pay the amount within 28 days unless an application for reconsideration or ACAT review stays payment; the commission’s direction is admissible in civil arbitration and proceedings and is accepted as proof unless contradicted (ss 60-61). The Act expressly allows civil proceedings to recover unpaid amounts despite any other Territory law (s 61(5)).
Information-gathering and compulsion
The commission may require relevant persons to provide information and documents when considering applications (s 41(2)(b)). The commission may require a bookmaker or agent to provide information about disputed bets and may warn that disciplinary action may follow non-compliance (s 59). Failure to comply with notices can trigger disciplinary criteria (s 69(3)(c), s 69(7)(a)-(b)).
Operational enforcement instruments and delegated rules
Many technical rules are made by disallowable instrument by the commission or Minister (ss 20-23, 65, 90). These instruments set event lists, venue lists, operational directions, minimum security guarantees and tax rates and can be disallowed by the Assembly, creating political oversight but also quick operational effect.
Practical enforcement implications in the Act
Speed of administrative enforcement. The commission can suspend licences pending inquiry without prior hearing where the suspension is necessary in the public interest; the licensee must then be given opportunity to explain why the suspension should be lifted (s 67(6)(b)-(d)). This can create immediate operational interruption subject to later review.
Financial exposure. Taxation on turnover (s 64) and financial penalties (s 69(10)(c)) create immediate monetary exposure. Security guarantees required under ss 90-92 can require capital provisioning up front.
Dual pathways. The Act combines criminal sanctions for unauthorised operations and administrative licensing cancellations, meaning a licence-holder may face both administrative discipline and criminal proceedings depending on the conduct.
How it interacts with other laws
The Act operates in a statutory network. The text expressly links this Act to other Territory and Commonwealth law, and delegates matters to regulations and disallowable instruments. Key interactions in the source include:
Gambling and Racing Control Act 1999. The Act cross-references definitions and persons in the Gambling and Racing Control Act 1999. For example, the dictionary signpost points to the Gambling and Racing Control Act 1999 for the definition of authorised officer (dict note). The commission referred to throughout is the gambling and racing commission under that Act (dict).
Criminal Code. Section 4A brings specified offences under this Act into the operation of the Criminal Code, ch 2. This means general principles of criminal responsibility, burdens of proof, and defences in the Criminal Code apply to s 19 (sports bookmaking without licence), s 72A (betting by or on behalf of child) and s 73A (unauthorised bookmaking). The source explicitly treats those provisions as subject to the Criminal Code (s 4A).
Taxation Administration Act 1999. The Act incorporates the Taxation Administration Act 1999 provisions to the extent relevant. The note to s 64 states that under the Gambling and Racing Control Act 1999, s 48, the provisions of the Taxation Administration Act 1999 apply, with modifications, to gaming laws including this Act. That Act contains objections and appeals processes for taxation assessments (s 64 note).
Corporations law. For sports bookmaking licences, applicants are corporations. The Act imports Corporations Act concepts such as related body corporate and voting shares for the definition of corporation and influential shareholder (dict; s 92(2)). Suitability considerations require checks on directors and influential shareholders and corporate structure (s 92(1)(j), s 25(2)(d)-(e)).
Disallowable instruments and legislative oversight. The Act repeatedly relies on determinations or directions that are disallowable instruments. These include determinations of sports bookmaking events and venues (ss 20-21), rules for sports bookmaking (s 23), maximum numbers of sports licences (s 24), tax rates (s 65), security guarantee minimums (s 90), and authorisations concerning maintenance of prescribed equipment (s 87). These are subject to the Territory’s disallowance process, meaning Parliament retains a mechanism to disallow technical instruments.
Regulations and codes. The Executive may make regulations for matters such as telephone information, record keeping and matters to be stated on licences (s 98). Codes of practice under the Gambling and Racing Control Act 1999 may apply and licensees must comply with codes to the extent that they relate to that class of licence (s 63).
ACAT and administrative law. Internal review rights and external review to ACAT are established (pt 10). The Act’s internal review model interacts with the Administrative Decisions framework and ACAT procedures under the ACT Civil and Administrative Tribunal Act 2008.
Evidence and privilege. Section 94 addresses self-incrimination by excluding compelled information from admissibility in criminal proceedings for the person compelled, with exceptions for false or misleading statements. The endnotes note that legal professional privilege is addressed elsewhere and the Legislation Act contains relevant provisions.
These interactions mean applicants and licensees must coordinate compliance across criminal law obligations, corporate law requirements, taxation law, and the Commission’s determinations and regulations. The Act also locates many technical elements in instruments that are politically reviewable as disallowable instruments.
Amendment history
The republished Act includes an extensive amendment record set out in the endnotes. The Act has been amended numerous times since commencement in 2001. The endnotes provide specific amendment acts, dates and affected provisions. Key points from the amendment history in the source are:
Early amendments and commencement. The Act was notified 12 July 2001 and most provisions commenced on 7 September 2001 (legislation header). It has been modified by subordinate instruments such as the Race and Sports Bookmaking Regulations 2001 (No 31).
Substantive amendments across years. The Act has seen multiple legislative amendments that introduced new sections, inserted definitions, or modified processes. Examples include amendments by:
A2002-30 (Statute Law Amendment Act 2002) which effected earlier changes (endnotes).
A2008-28 and A2008-37 (2008) which introduced or amended significant administrative and disciplinary provisions; many sections were amended by A2008-37 and it introduced the internal review regime (pt 10) as reflected in the amendment history (endnotes).
A2009-39 (Unlawful Gambling Act 2009) which inserted s 4A on the application of the Criminal Code and introduced s 72A on betting by or on behalf of a child (endnotes).
A2011-22 and A2011-53 which contained administrative changes and a temporary validation of prior licences (A2011-53 validated Bookmakers Act licences for a period; these provisions expired).
A2014-4 and A2014-47 that changed definitional and structural provisions, including the definition of race bookmaking (endnotes).
A2016-7 and A2016-45 which made further structural amendments, including inserting s 4B (security guarantee meaning), the sports bookmaking licensing framework adjustments, and the commission’s powers (endnotes).
A2017-43 (Racing (Greyhounds) Amendment Act 2017) which amended the definition of race in the dictionary (endnotes).
A2022-8 (Fair Trading and Other Justice Legislation Amendment Act 2022) which altered the sports bookmaking provisions among other changes (endnotes).
A2025-29 (Statute Law Amendment Act 2025) which made amendments that are reflected in the republication effective 26 December 2025; s 29, rules about sports bookmaking and determinations were among those amended in 2025 (endnotes).
Structural insertions. The internal review machinery (pt 10) and schedule 1 of internally reviewable decisions were inserted by A2008-37 (endnotes). The concept and operational detail of security guarantees was added by A2016-45 which also inserted detailed suitability requirements (s 92) and security-related definitions (ss 4B, 90). The Criminal Code interface (s 4A) was added by A2009-39.
Repeals and expiries. Some earlier transitional provisions and validation provisions were temporary and expired (eg pt 20 validation provisions in A2011-53 expired). The amendment history records omitted or repealed sections and transitional provisions effected by later Acts (endnotes).
Frequent technical amendments. The endnotes enumerate multiple technical amendments and reorderings of paragraphs and subsections across amendment acts. Examples include alterations to application processes, renewal processes, register requirements, and provisions governing agents.
The amendment history as recorded in the republished source shows an iterative legislative approach. The pattern is a base licensing and offence framework established in 2001 with successive legislative acts adjusting suitability, security, internal review, sports bookmaking parameters and administrative detail across subsequent legislative sessions. The text indicates many technical details are left to determinations, regulations and disallowable instruments introduced by the commission or Minister over time, and the amendment history reflects repeated adjustments to align the primary statute with operational needs and broader Territory regulatory reform.
Litigation history
The republished Act and endnotes supplied do not cite any judicial or tribunal decisions that have applied or interpreted the Act. The source instead sets out administrative review and appeal routes and the procedural mechanics for contesting commission decisions.
Administrative review and appeal pathways in the Act
Internal review. The Act identifies a class of decisions that are internally reviewable and lists them in schedule 1. The commission must give an internal review notice when making an internally reviewable decision (s 82A). Affected entities or any other person whose interests are affected may apply to the commission for reconsideration by an internal reviewer who did not make the original decision (s 82B, s 83). The internal reviewer must reconsider within 28 days (s 83A). The internal reviewer can confirm, vary or set aside and substitute a decision (s 83A(3)). The internal reviewer must give reviewable decision notices (s 83B).
ACAT review. After internal review, affected entities may apply to the ACT Civil and Administrative Tribunal (ACAT) for review of the internal reviewer’s decision (s 84). The Act aligns its internal review model with ACAT’s oversight.
Betting dispute process. Betting disputes referred to the commission result in directions (div 6.2: ss 56-61). The Act allows the bookmaker to apply to the commission for reconsideration (s 61(2): applications under s 82B) and to ACAT (s 61(3)-(4)) where ACAT may grant relief including directions about payment timing. A direction of the commission signed by the chief executive officer is admissible in proceedings and is accepted as proof of its statements unless contradicted (s 60(5)).
Implications given absence of reported litigation in the republished source
The Act’s dispute and review architecture is administrative and tribunal-based rather than judicial in the first instance. The statutory emphasis on internal review followed by ACAT indicates the legislature expected most disputes about licensing, discipline and regulated conduct to be resolved through administrative channels.
Because the republished Act does not record cases or statutory interpretation lines, practitioners should expect that any contested or borderline matters , such as the meaning of suitability, the reasonableness of security guarantee requirements, scope of commission directions, or disciplinary proportionality , would be determined via ACAT or judicial review if contested, but no specific decisions, precedents or case law are recorded in the source. Users should check ACAT and court databases for any decisions post-dating this republication to assess how courts and tribunals have interpreted the Act.
Administrative timeframes and statutory procedures are detailed and prescriptive in the Act. Where rights to representations, notices and review are specified, the Act provides the mechanism for administrative contest rather than specifying evidential rules or appeal deference standards; those are matters developed in tribunal and judicial decisions which are not supplied in the source.
For a practitioner assessing litigation risk and review strategy, the Act requires following the internal review process (schedule 1, pt 10) and using ACAT as the principal external avenue for review of commission decisions. The Act also provides avenues to challenge commission betting directions in civil proceedings, where commission directions carry evidentiary weight under s 60(5). The absence of cases in the source means the statutory language itself determines the starting point for any legal argument.
Gotchas
The source text contains practical pitfalls and timing traps that can cause operational or compliance failures. The following are concrete items to flag for clients and operational teams, with statutory citations.
Police checks and suitability timing. Many licence applications cannot be decided until the commission has received and considered a police report authorised by the applicant (s 6(3), s 10B(2), s 13(4), s 16B(2), s 25(4)). Failure to supply or to consent to checks delays decision-making. The applicant must supply consent and authorisations as part of the application (s 6(2), s 12(3), s 25(2)(d)). Practitioners should ensure police consent forms are completed and returned promptly.
Narrow representation windows. When the commission is not satisfied about matters it must give written notice and applicants have 14 days to make written or oral representations unless the commission allows a longer period (eg s 7(4)-(6), s 13(3)-(5), s 26(4)-(6), s 10B(4)-(6)). Missing the 14-day window risks proceeding to refusal. The commission may extend time but applicants cannot rely on such extension (s 10A(3), s 16A(4)).
Non-payment halts licence issuance. The commission must not issue licences where fees or other amounts payable remain unpaid (s 23A(2)). The commission also requires applicants to pay costs of considering applications, potentially as estimates up front, and will reconcile later (s 42). Applicants should budget for upfront estimated costs and fees.
Signature formalities. Race bookmakers and their agents must sign their licences before engaging in race bookmaking or acting for a bookmaker (s 74(1)-(2)). Unsigned licences attract penalties (max 10 penalty units). Operational teams must ensure signed physical or otherwise prescribed forms are held.
Suspension without prior representations in public interest. The commission may suspend a licence prior to giving the licensee an opportunity to make representations if satisfied the suspension is necessary in the public interest (s 67(6)(a)-(b)). If suspension is imposed without prior hearing the licensee must be given a reasonable opportunity afterwards to show why the suspension should be lifted (s 67(6)(c)-(d)). Suspension can interrupt business immediately.
Mandatory cancellation criteria. Certain findings trigger mandatory cancellation after inquiry unless the commission exercises discretion under narrowly described circumstances (s 68). For example, conviction histories, indebtedness to the commission, or commission satisfaction that a licensee has committed a prohibited act may force cancellation (s 68(2)-(7)). Licence-holders should monitor conduct closely, because some grounds for cancellation do not admit mitigation.
Security guarantee provisioning and amendments. If the commission has determined a minimum security guarantee, applicants must provide an undertaking and demonstrate ability to provide the guarantee (s 7(2)(a)(v)). The commission may later amend the nature or amount of a security guarantee and require provision of the amended guarantee within 14 days (s 91(1)-(3)). This creates potential liquidity risk if the guarantee amount is increased.
Venue and event constraints. Race bookmakers are constrained as to place and event: race bookmaking is permitted only at race meetings or at approved sports bookmaking venues where the race bookmaker holds approval (ss 47-49, s 73(1)). Sports bookmakers may only accept bets at sports bookmaking venues and on sports bookmaking events (ss 21, 23, 73(5)). Operating outside those constraints is a criminal offence (s 73 and s 73A).
Telephone betting equipment and recording requirements. Telephone bets must follow prescribed procedures and be recorded using prescribed equipment where regulations require (s 75). The commission may authorise persons to maintain prescribed equipment and give directions (s 87), and interference with prescribed equipment can attract serious penalty and imprisonment (s 77). Operators must ensure compliance with technical regulations and maintenance authorisations.
Time limits for betting disputes. Backers must refer betting disputes to the commission within 28 days after the event completion or risk rejection unless exceptional circumstances exist (s 57(2)-(3)). Bookmakers and agents then have 14 days to supply information on notice (s 59). Operational record retention is essential to respond to notices promptly.
Tax calculation and turnover definitions. Tax applies to turnover defined as sums paid or promised for bets completed in the period less bet backs (s 64(3)(a)). The Act sets completion points for different bet types (s 64(3)(b)). The commission may determine calculation rules of bet backs (s 65(3)). Misunderstanding these definitions may lead to incorrect tax returns and penalties.
Disallowable instruments and policy shifts. Many operational details are set by disallowable instruments (eg determinations of events, venues, rules, tax rates and security minimums: ss 20-23, 65, 90). Those instruments can change by administrative or ministerial act, so licensees should track determinations and not rely solely on static statutory language.
Debt and penalties become enforceable debts. Amounts ordered or required to be paid to the commission, including costs, fees, financial penalties and unpaid direction-ordered payments, become debts to the commission and recoverable (ss 42(7), 70(5), 61(5)). Non-payment can lead to further administrative or recovery action.
These "gotchas" are all grounded in the statutory text and represent practical compliance and operational hazards that require administrative processes and financial planning.
How to comply
This section sets out pragmatically what an applicant, bookmaker or agent must do to comply with the Act, with explicit statutory references.
Before applying
Legal form: Determine whether the operation is race bookmaking (individual race bookmaking licence, s 6) or sports bookmaking (corporate sports bookmaking licence, s 25). For sports operations, structure a suitable corporate entity and identify directors and any influential shareholders (s 92(2); dict influential shareholder).
Police consents and suitability documentation: Obtain and include consents and suitability authorisations for applicants, nominated agents and for corporate directors and influential shareholders as required (s 6(2), s 12(3), s 25(2)(d)-(e)). Expect the commission will not decide until it receives the police report (s 6(3), s 25(4)).
Security guarantee capacity: If the commission has determined minimum security guarantees under s 90, prepare appropriate security documentation that satisfies the commission about your ability to cover liabilities (ss 4B, 90, 92(3)-(4)). Be prepared to give an undertaking acceptable to the commission and to demonstrate ability to provide the guarantee on issue of the licence (s 7(2)(a)(v)).
Application process
Complete requirements and early engagement: Apply in writing and include all prescribed contents. For sports licences, include approvals by each director and all required suitability authorisations (s 25(2)(f)). Make timely disclosure of all requested information; the commission may require additional information and can decline to consider an application if a person fails to comply with a notice without reasonable excuse (s 41(2)-(3)).
Budget for fees and costs: Expect to pay fees set by Ministerial determination and costs of considering the application as decided by the commission. The commission may estimate costs and require payment within 14 days of notice; reconcile at completion (s 42(1)-(6); s 97).
Licence conditions and operational compliance
Read and understand licence conditions: Licences may be issued subject to conditions and the commission may change conditions by written notice (ss 8(1)-(2), 27(1)-(2)). Return the licence for amendment within seven days if notice is received (s 8(4), s 14(4) for agent licences).
Telephone betting and prescribed equipment: If accepting telephone bets, implement procedures and recording equipment as prescribed under regulations and rules approved by the commission (ss 75-76). Maintain and authorise persons for equipment maintenance per s 87 and obey directions under s 88.
Records, audits and rules: Follow rules determined for sports bookmaking which can prescribe record keeping and audit requirements (s 23(2)(d)-(e)). Ensure books are auditable and that records required for dispute resolution are retained in line with the commission’s expectations so you can comply with notices under s 59 and s 41.
Notifications and ongoing obligations
Notify corporate and ownership changes: Sports bookmakers must notify the commission of changes to name, address, directors, secretary and influential shareholders within 14 days (s 80(1)-(2)). Provide suitability authorisations where required by the commission (s 80(5)-(7)).
Tax returns and payments: Where tax is determined to apply for a period (s 65), lodge returns within 28 days after the end of the period and pay taxes as determined by the Minister (s 66). Maintain calculation records consistent with commission rules for bet backs (s 65(3)).
Comply with directions and codes: Implement processes to comply with any directions about conduct of operations issued under s 62 and comply with codes of practice that relate to your class of licence (s 63).
Dispute handling
Betting disputes: If referred to the commission, respond to notices promptly. Backers and bookmakers have specific timeframes: backers must refer within 28 days after the event (s 57(2)). If a notice to provide information is served on the bookmaker or agent, respond within 14 days or a longer period allowed (s 59). Treat commission directions as potentially enforceable in civil proceedings (s 60(5)).
Discipline and remedial steps
Inquiries and suspension: If the commission initiates an inquiry under s 67, take the invitation to make representations seriously and attend hearings; if licence is suspended under s 67(5), exercise the post-suspension right to make representations promptly (s 67(6)(c)-(d)).
Remedies and internal review: If aggrieved by an internally reviewable decision, apply for reconsideration under pt 10 within 28 days after an internal review notice (ss 82A, 82B, 83A). Consider ACAT if internal review is unsatisfactory (s 84).
Practical risk management
Liquidity and guarantees: Maintain liquid assets or pre-arranged guarantees to meet security guarantee requirements and possible amendments (s 91). Anticipate that the commission may demand an amended guarantee within 14 days if it decides an existing guarantee is inappropriate (s 91(1)-(3)).
Compliance registers and signatories: Keep the licensee’s licence signed where required (s 74(1)-(2)), retain copies, and keep the commission’s register details current (s 89).
Legal privilege and compelled information: Note that compelled information is not admissible in criminal proceedings against the person who provided it, except for false or misleading information (s 94). Seek legal advice if asked to produce potentially privileged material.
Following these steps aligns operations with the Act’s procedural and substantive requirements. The commission’s broad inquiry and conditioning powers (s 41) mean that transparent, conservative compliance and early consultation with the commission reduce the risk of delays, adverse decisions or disciplinary action.
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Race and Sports Bookmaking Act 2001
Contents
Page
Part 1 Preliminary
1 Name of Act 2
3 Dictionary 2
4 Notes 2
4A Offences against Act—application of Criminal Code etc 3
Part 2 Race bookmakers and race bookmaker’s
agents
Division 2.1 General
4B Meaning of security guarantee for a race bookmaking licence 4
5 Unauthorised race bookmaking 4
Division 2.2 Race bookmaking licences
6 Application for race bookmaking licence 5
7 Race bookmaking licence—issue or refusal 5
Contents
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8 Conditions of race bookmaking licence 8
9 Race bookmaking licence—entry of particulars in register 9
10 Term of race bookmaking licence 9
10A Race bookmaking licence—application for renewal 9
10B Race bookmaking licence—decision on renewal 10
11 Surrender of race bookmaking licence 12
Division 2.3 Race bookmaker’s agent licences
12 Application for race bookmaker’s agent licence 12
13 Race bookmaker’s agent licence—issue or refusal 13
14 Conditions of race bookmaker’s agent licence 15
15 Race bookmaker’s agent licence—entry of particulars in register etc 16
16 Term of race bookmaker’s agent licence 16
16A Race bookmaker’s agent licence—application for renewal 16
16B Race bookmaker’s agent licence—decision on renewal 17
17 Surrender of race bookmaker’s agent licence 19
18 Effect of cancellation, surrender or suspension of race bookmaking
licence on agent licence 19
Part 3 Sports bookmaking
Division 3.1 General
19 Engage in sports bookmaking without licence 21
20 Determination of sports bookmaking events 21
21 Determination of sports bookmaking venues 22
22 Directions for operation of sports bookmaking venues 22
23 Rules for sports bookmaking 22
Division 3.2 Sports bookmaking licences
23A Prohibition of issue of licences in certain cases 23
24 Maximum number of sports bookmaking licences etc 23
25 Application for sports bookmaking licence 23
26 Issue or refusal of sports bookmaking licence 24
27 Conditions of sports bookmaking licence 26
28 Sports bookmaking licence—entry of particulars in register 27
29 Period for which sports bookmaking licence may be issued 27
30 Duration of sports bookmaking licence 28
Contents
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31 Surrender of sports bookmaking licence 28
Division 3.3 Sports bookmaker’s agent licences
34 Application for sports bookmaker’s agent licence 28
35 Issue or refusal of sports bookmaker’s agent licence 29
36 Conditions of sports bookmaker’s agent licence 30
37 Sports bookmaker’s agent licence—entry of particulars in register etc 31
38 Term of sports bookmaker’s agent licence 32
39 Surrender of sports bookmaker’s agent licence 32
40 Effect of cancellation, surrender or suspension of sports bookmaking
licence on agent licence 32
Part 4 Licences generally
41 Commission’s powers in considering applications 34
42 Costs of considering and deciding applications 35
44 Replacement of licences 36
45 Cancellation of licence on death of licensee or dissolution etc of
corporation 36
46 Disclosure of information by commission in some cases 37
Part 5 Race bookmaking at sports bookmaking
venues
47 Designation of sports bookmaking venues etc 38
48 Application for approval for sports bookmaking venue 38
49 Issue or refusal of approval for sports bookmaking venue 39
50 Conditions of approval for sports bookmaking venue 41
51 Duration of approval for sports bookmaking venue 42
52 Surrender of approval for sports bookmaking venue 42
53 Effect of cancellation, surrender or suspension of race bookmaking
licence on approval 42
54 Application of pt 4 43
Part 6 Betting disputes, directions and codes of
practice
Division 6.1 Betting disputes generally
55 How disputes about bets may be resolved 44
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Division 6.2 Betting disputes referred to commission
56 Definitions for div 6.2 45
57 Referral of betting disputes to commission 45
58 Backer to give information about disputed bet 46
59 Bookmaker or agent to give information about disputed bet 47
60 Commission’s directions about disputed bets 48
61 Compliance with direction about disputed bet 48
Division 6.3 Directions and codes of practice
62 Commission’s directions about conduct of licensee’s operations 49
63 Codes of practice 50
Part 7 Taxation
64 Tax on bookmaking 51
65 Determination of tax rates etc 52
66 Returns for tax 53
Part 8 Disciplinary provisions
67 Power to hold inquiry 54
68 Mandatory cancellation of licence 55
69 Discretionary penalties 58
70 Notice of disciplinary action 61
71 Directions to remedy matter 62
72 Ending of suspension of licence 63
Part 9 Offences
72A Betting by or on behalf of child 64
73 Restrictions on race bookmakers and sports bookmakers 65
73A Bookmakers—unauthorised bookmaking 67
74 Unsigned licences—race bookmakers and race bookmaker’s agents 68
75 Telephone betting by race bookmaker or race bookmaker’s agent 68
76 Rules about telephone betting 68
77 Interference with prescribed equipment 69
78 Production of licences and specimen signatures 69
79 Racing club to give details of race bookmaking at race meetings 70
80 Sports bookmaker to tell commission about certain changes 70
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81 Return of surrendered, cancelled or suspended licence 72
Part 10 Notification and review of decisions
82 Definitions—pt 10 73
82A Internal review notices 73
82B Applications to commission 73
83 Internal reviewer 74
83A Reconsideration by internal reviewer 74
83B Reviewable decision notices 75
84 Applications to ACAT 75
Part 11 Miscellaneous
85 Evidence of licences 76
87 Maintenance of prescribed equipment 76
88 Maintenance and control of telephone equipment 77
89 Commission to keep register 77
90 Security guarantee—determination of minimum amount 77
91 Amendment of security guarantee 78
92 Meaning of suitability requirements and security guarantee 79
93 Meaning of nominated person 81
94 Self-incrimination etc 81
96 Commission’s power to extend time 81
97 Determination of fees 82
98 Regulation-making power 82
Schedule 1 Internally reviewable decisions 83
Dictionary 86
Endnotes
1 About the endnotes 92
2 Abbreviation key 92
3 Legislation history 93
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4 Amendment history 96
5 Earlier republications 103
6 Expired transitional or validating provisions 105
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Race and Sports Bookmaking Act 2001
An Act to regulate betting on races and other sports events, and for other purposes
Part 1 Preliminary
Section 1
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Part 1 Preliminary
1 Name of Act
This Act is the Race and Sports Bookmaking Act 2001.
3 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 words and
expressions used in this Act, and includes references (signpost
definitions) to other words and expressions defined in other legislation.
For example, the signpost definition ‘authorised officer—see the
Gambling and Racing Control Act 1999, dictionary.’ means that the
expression ‘authorised officer’ is defined in that dictionary and the
definition applies to this Act.
Note 2 A definition in the dictionary (including a signpost definition) 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)).
4 Notes
A note included in this Act is explanatory and is not part of this Act.
Note See Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
Preliminary Part 1
Section 4A
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4A Offences against Act—application of Criminal Code etc
Other legislation applies in relation to offences against this Act.
Note 1 Criminal Code
The Criminal Code, ch 2 applies to the following offences against this
Act (see Code, pt 2.1):
• s 19 (Engage in sports bookmaking without licence)
• s 72A (Betting by or on behalf of child)
• s 73A (Bookmakers—unauthorised bookmaking).
The chapter sets out the general principles of criminal responsibility
(including burdens of proof and general defences), and defines terms used
for offences to which the Code applies (eg conduct, intention,
recklessness and strict liability).
Note 2 Penalty units
The Legislation Act, s 133 deals with the meaning of offence penalties
that are expressed in penalty units.
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.1 General
Section 4B
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Part 2 Race bookmakers and race
bookmaker’s agents
Division 2.1 General
4B Meaning of security guarantee for a race bookmaking
licence
In this Act:
security guarantee, for a person who applies for, or holds, a race
bookmaking licence, means 1 or more documents that satisfy the
commission about the person’s ability to cover the person’s race
bookmaking losses to the amount applying to the person under a
determination under section 90 (Security guarantee—determination
of minimum amount).
5 Unauthorised race bookmaking
(1) A person must not engage in race bookmaking except as permitted
under subsection (2).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) A person may engage in race bookmaking if—
(a) the person holds a race bookmaking licence; or
(b) the person holds a race bookmaker’s agent licence and is acting
for the race bookmaker who applied for the licence.
(3) For subsection (1), a sports bookmaker does not engage in race
bookmaking only because the bookmaker receives or negotiates bets
on races that are sports betting events.
Race bookmakers and race bookmaker’s agents Part 2
Race bookmaking licences Division 2.2
Section 6
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Division 2.2 Race bookmaking licences
6 Application for race bookmaking licence
(1) An individual may apply to the commission for a race bookmaking
licence.
(2) The application must include consent to a police officer checking the
applicant’s criminal record and reporting the results of the check to
the commission.
(3) The commission must not decide the application until the commission
has received and considered a police report, authorised under
subsection (2), about the applicant.
7 Race bookmaking licence—issue or refusal
(1) This section applies if the commission receives an application for a
race bookmaking licence.
(2) The commission may issue the licence to the applicant if—
(a) the applicant—
(i) has not been convicted, or found guilty, in the last 5 years,
whether in the ACT or elsewhere, of an offence—
(A) involving fraud or dishonesty; or
(B) against a law about gaming; and
(ii) has not been convicted, or found guilty, in Australia in the
last 5 years of an offence punishable by imprisonment for
at least 1 year; and
(iii) has not been convicted, or found guilty, outside Australia
in the last 5 years of an offence that, if it had been
committed in the ACT, would have been punishable by
imprisonment for at least 1 year; and
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.2 Race bookmaking licences
Section 7
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(iv) does not owe an amount that has become payable by the
applicant to the commission or the Territory under this Act
or another gaming law; and
(v) if the commission has determined a minimum amount for
security guarantees for race bookmaking licences under
section 90 (Security guarantee—determination of
minimum amount)—
(A) has given an undertaking acceptable to the
commission to provide a security guarantee on issue
of the licence; and
(B) has demonstrated, to the commission’s satisfaction,
the ability to provide a security guarantee on issue of
the licence; and
Note Security guarantee, for a race bookmaking licence—
see s 4B.
(b) the commission believes on reasonable grounds that the
applicant is likely to be able to pay bets.
(3) In deciding whether an applicant is likely to be able to pay bets, the
commission may consider any business or financial matters about the
applicant that the commission considers appropriate.
(4) If the commission is not satisfied about a matter mentioned in
subsection (2), the commission must give a written notice to the
applicant that states—
(a) each matter about which the commission is not satisfied; and
(b) the applicant’s rights under subsection (5).
Note For how documents may be given, see the Legislation Act, pt 19.5.
Race bookmakers and race bookmaker’s agents Part 2
Race bookmaking licences Division 2.2
Section 7
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(5) The applicant may make written representations, or oral
representations personally or by an authorised representative, to the
commission about a matter stated in the notice within the period of
14 days after the day the applicant is given the notice or any longer
period allowed by the commission (the representation period).
(6) After giving the notice under subsection (4), the commission must—
(a) take into account—
(i) any representations made by the applicant within the
representation period; and
(ii) any other relevant information available to the
commission; and
(b) either—
(i) if the commission is satisfied about each matter stated in
the notice—issue a race bookmaking licence to the
applicant; or
(ii) if the commission is not satisfied about each matter stated
in the notice—refuse to issue the race bookmaking licence
to the applicant.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
to issue a licence may, on application, be reconsidered by the commission
and reviewed by the ACAT.
(7) However, despite subsection (6) (b) (ii), the commission may issue a
race bookmaking licence to the applicant if satisfied that—
(a) the racing industry would not be adversely affected if the licence
were issued; and
(b) it is otherwise in the public interest for the licence to be issued.
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.2 Race bookmaking licences
Section 8
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8 Conditions of race bookmaking licence
(1) A race bookmaking licence may be issued subject to any conditions
that the commission considers appropriate—
(a) for the proper conduct of race bookmaking; or
(b) otherwise in the public interest.
(2) The commission may, by written notice to the holder of a race
bookmaking licence (the licensee), change the conditions to which
the licence is subject (other than the condition applying under
subsection (6)) if the commission considers it appropriate to do so—
(a) for the proper conduct of race bookmaking; or
(b) otherwise in the public interest.
Note Under pt 10 (Notification and review of decisions), a decision to issue a
licence subject to a condition, or change a licence condition, may, on
application, be reconsidered by the commission and reviewed by the
ACAT.
(3) The change takes effect—
(a) on the operative day; or
(b) if a later day of effect is stated in the notice—on that later day.
Note For the meaning of operative day, see dict.
(4) If the licensee receives a notice under subsection (2), the licensee
must not fail, without reasonable excuse, to return the licence to the
commission within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
(5) If the licensee returns the licence to the commission, the commission
must, as soon as practicable—
(a) amend the licence in an appropriate way and return it to the
licensee; or
Race bookmakers and race bookmaker’s agents Part 2
Race bookmaking licences Division 2.2
Section 9
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(b) if the commission does not consider it practicable to amend the
licence—issue an appropriate replacement licence to the
licensee.
(6) It is a condition of a race bookmaking licence that the licensee must
comply with any notice under section 91 (Amendment of security
guarantee) given to the licensee.
9 Race bookmaking licence—entry of particulars in register
If the commission issues a race bookmaking licence to a person, the
commission—
(a) must enter in the register any particulars required under the
regulations; and
(b) may enter in the register any other particulars that the
commission considers appropriate.
10 Term of race bookmaking licence
A race bookmaking licence is issued for the period of not more than
3 years stated in the licence.
10A Race bookmaking licence—application for renewal
(1) A race bookmaker may apply to the commission to renew their race
bookmaking licence for a period not longer than 3 years.
(2) The application must—
(a) be in writing; and
(b) include consent to a police officer checking the applicant’s
criminal record and reporting the results of the check to the
commission; and
(c) be received by the commission at least 30 days before the day
the licence expires.
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.2 Race bookmaking licences
Section 10B
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(3) However, the commission may extend the time for making an
application.
Note A race bookmaking licensee may apply to the commission for the time to
be extended, and the commission may extend the time, even though the
time has ended (see Legislation Act, s 151C).
(4) If a race bookmaker applies to renew the licence under this section,
the licence remains in force until the application is decided.
10B Race bookmaking licence—decision on renewal
(1) This section applies if the commission receives an application for
renewal of a race bookmaking licence under section 10A.
(2) The commission must not decide the application until the commission
has received and considered a police report, authorised under
section 10A (2) (b), about the race bookmaker.
(3) The commission may renew the licence if—
(a) the race bookmaker—
(i) has not been convicted, or found guilty, in the last 5 years,
whether in the ACT or elsewhere, of an offence—
(A) involving fraud or dishonesty; or
(B) against a law about gaming; and
(ii) has not been convicted, or found guilty, in Australia in the
last 5 years of an offence punishable by imprisonment for
at least 1 year; and
(iii) has not been convicted, or found guilty, outside Australia
in the last 5 years of an offence that, if it had been
committed in the ACT, would have been punishable by
imprisonment for at least 1 year; and
(iv) does not owe an amount that has become payable by the
race bookmaker to the commission or the Territory under
this Act or another gaming law; and
Race bookmakers and race bookmaker’s agents Part 2
Race bookmaking licences Division 2.2
Section 10B
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(v) if the commission has determined a minimum amount for
security guarantees for race bookmaking licences under
section 90 (Security guarantee—determination of
minimum amount)—has provided a security guarantee;
and
Note Security guarantee, for a race bookmaking licence—
see s 4B.
(b) the commission believes on reasonable grounds that the race
bookmaker is likely to be able to pay bets.
(4) If the commission is not satisfied about a matter mentioned in
subsection (3), the commission must give a written notice to the race
bookmaker that states—
(a) each matter about which the commission is not satisfied; and
(b) the race bookmaker’s rights under subsection (5).
Note For how documents may be given, see the Legislation Act, pt 19.5.
(5) The race bookmaker may make written representations, or oral
representations personally or by an authorised representative, to the
commission about a matter stated in the notice within the period of
14 days after the day the race bookmaker is given the notice or any
longer period allowed by the commission (the representation period).
(6) After giving the notice under subsection (4), the commission must—
(a) take into account—
(i) any representations made by the race bookmaker within the
representation period; and
(ii) any other relevant information available to the
commission; and
(b) either—
(i) if the commission is satisfied about each matter stated in
the notice—renew the race bookmaking licence; or
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.3 Race bookmaker’s agent licences
Section 11
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(ii) if the commission is not satisfied about each matter stated
in the notice—refuse to renew the race bookmaking
licence.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
to renew a licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
(7) However, despite subsection (6) (b) (ii), the commission may renew
a race bookmaking licence if satisfied that—
(a) the racing industry would not be adversely affected if the licence
were renewed; and
(b) it is otherwise in the public interest that the licence be renewed.
11 Surrender of race bookmaking licence
(1) A race bookmaker may surrender the licence by written notice to the
commission.
(2) The surrender of a race bookmaking licence takes effect when the
commission receives the notice of surrender or, if a later date of effect
is stated in the notice, on that date.
Division 2.3 Race bookmaker’s agent licences
12 Application for race bookmaker’s agent licence
(1) A race bookmaker may apply to the commission for a race
bookmaker’s agent licence for a nominated person.
(2) The application must not nominate more than 1 person.
(3) The application must include an authorisation, signed by the
nominated person, consenting to—
(a) being nominated in the application; and
(b) a police officer checking the nominated person’s criminal record
and reporting the results of the check to the commission.
Race bookmakers and race bookmaker’s agents Part 2
Race bookmaker’s agent licences Division 2.3
Section 13
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(4) The commission must not decide the application until the commission
has received and considered a police report, authorised under
subsection (3) (b), about the nominated person.
13 Race bookmaker’s agent licence—issue or refusal
(1) This section applies if the commission receives an application for a
race bookmaker’s agent licence for a nominated person.
(2) The commission may issue the licence to the nominated person if the
nominated person—
(a) has not been convicted, or found guilty, in the last 5 years,
whether in the ACT or elsewhere, of an offence—
(i) involving fraud or dishonesty; or
(ii) against a law about gaming; and
(b) has not been convicted, or found guilty, in Australia in the last
5 years of an offence punishable by imprisonment for at least
1 year; and
(c) has not been convicted, or found guilty, outside Australia in the
last 5 years of an offence that, if it had been committed in the
ACT, would have been punishable by imprisonment for at least
1 year; and
(d) does not owe an amount that has become payable by the
nominated person to the commission or the Territory under this
Act or another gaming law.
(3) If the commission is not satisfied about a matter mentioned in
subsection (2), the commission must give a written notice to the race
bookmaker that states—
(a) each matter about which the commission is not satisfied; and
(b) the race bookmaker’s rights under subsection (4).
Note For how documents may be given, see the Legislation Act, pt 19.5.
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.3 Race bookmaker’s agent licences
Section 13
page 14 Race and Sports Bookmaking Act 2001
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Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
(4) The race bookmaker may make written representations, or oral
representations personally or by an authorised representative, to the
commission about a matter stated in the notice within the period of
14 days after the day the race bookmaker is given the notice or any
longer period allowed by the commission (the representation period).
(5) After giving the notice under subsection (3), the commission must—
(a) take into account—
(i) any representations made by the race bookmaker within the
representation period; and
(ii) any other relevant information available to the
commission; and
(b) either—
(i) if the commission is satisfied about each matter stated in
the notice—issue a race bookmaker’s agent licence to the
nominated person; or
(ii) if the commission is not satisfied about each matter stated
in the notice—refuse to issue a race bookmaker’s agent
licence to the nominated person.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
to issue a licence may, on application, be reconsidered by the commission
and reviewed by the ACAT.
(6) However, despite subsection (5) (b) (ii), the commission may issue a
race bookmaker’s agent licence to the nominated person if satisfied
that—
(a) the racing industry would not be adversely affected if the
commission issued the licence; and
(b) it is otherwise in the public interest that the commission issue
the licence.
Race bookmakers and race bookmaker’s agents Part 2
Race bookmaker’s agent licences Division 2.3
Section 14
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14 Conditions of race bookmaker’s agent licence
(1) A race bookmaker’s agent licence may be issued subject to any
conditions that the commission considers appropriate—
(a) for the proper conduct of race bookmaking; or
(b) otherwise in the public interest.
(2) The commission may, by written notice to the holder of a race
bookmaker’s agent licence (the licensee), change the conditions to
which the licence is subject if the commission considers it appropriate
to do so—
(a) for the proper conduct of race bookmaking; or
(b) otherwise in the public interest.
Note Under pt 10 (Notification and review of decisions), a decision to issue a
licence subject to a condition, or change a licence condition, may, on
application, be reconsidered by the commission and reviewed by the
ACAT.
(3) The change takes effect—
(a) on the operative day; or
(b) if a later day of effect is stated in the notice—on that later day.
Note For the meaning of operative day, see dict.
(4) If the licensee receives a notice under subsection (2), the licensee
must not fail, without reasonable excuse, to return the licence to the
commission within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
(5) If the licensee returns the licence to the commission, the commission
must, as soon as practicable—
(a) amend the licence in an appropriate way and return it to the
licensee; or
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.3 Race bookmaker’s agent licences
Section 15
page 16 Race and Sports Bookmaking Act 2001
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(b) if the commission does not consider it practicable to amend the
licence—issue an appropriate replacement licence to the
licensee.
(6) If the commission—
(a) issues a race bookmaker’s agent licence subject to a condition;
or
(b) changes a condition of a race bookmaker’s agent licence;
the commission must, as soon as practicable, give written notice to
the race bookmaker who applied for the licence of the condition or
change of condition.
15 Race bookmaker’s agent licence—entry of particulars in
register etc
If the commission issues a race bookmaker’s agent licence to a
person, the commission—
(a) must enter in the register any particulars required under the
regulations; and
(b) may enter in the register any other particulars that the
commission considers appropriate; and
(c) must give a copy of the licence to the applicant for the licence.
16 Term of race bookmaker’s agent licence
A race bookmaker’s agent licence is issued for the period of not more
than 3 years stated in the licence.
16A Race bookmaker’s agent licence—application for renewal
(1) This section applies if—
(a) a race bookmaker has an agent; and
(b) the agent holds a race bookmaker’s agent licence.
Race bookmakers and race bookmaker’s agents Part 2
Race bookmaker’s agent licences Division 2.3
Section 16B
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(2) The race bookmaker may apply to the commission to renew the
agent’s race bookmaker’s agent licence for a period not longer than
3 years.
(3) The application must—
(a) be in writing; and
(b) include consent to a police officer checking the race
bookmaker’s agent’s criminal record and reporting the results of
the check to the commission; and
(c) be received by the commission at least 30 days before the day
the licence expires.
(4) However, the commission may extend the time for making an
application.
Note A race bookmaker may apply to the commission for the time to be
extended, and the commission may extend the time, even though the time
has ended (see Legislation Act, s 151C).
(5) If a race bookmaker applies to renew the licence under this section,
the licence remains in force until the application is decided.
16B Race bookmaker’s agent licence—decision on renewal
(1) This section applies if the commission receives an application for
renewal of a race bookmaker’s agent licence under section 16A.
(2) The commission must not decide the application until the commission
has received and considered a police report, authorised under
section 16A (3) (b), about the race bookmaker’s agent.
(3) The commission may renew the licence if the race bookmaker’s
agent—
(a) has not been convicted, or found guilty, in the last 5 years,
whether in the ACT or elsewhere, of an offence—
(i) involving fraud or dishonesty; or
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.3 Race bookmaker’s agent licences
Section 16B
page 18 Race and Sports Bookmaking Act 2001
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(ii) against a law about gaming; and
(b) has not been convicted, or found guilty, in Australia in the last
5 years of an offence punishable by imprisonment for at least
1 year; and
(c) has not been convicted, or found guilty, outside Australia in the
last 5 years of an offence that, if it had been committed in the
ACT, would have been punishable by imprisonment for at least
1 year; and
(d) does not owe an amount that has become payable by the race
bookmaker’s agent to the commission or the Territory under this
Act or another gaming law.
(4) If the commission is not satisfied about a matter mentioned in
subsection (3), the commission must give a written notice to the race
bookmaker that states—
(a) each matter about which the commission is not satisfied; and
(b) the race bookmaker’s agent’s rights under subsection (5).
Note For how documents may be given, see the Legislation Act, pt 19.5.
(5) The race bookmaker may make written representations, or oral
representations personally or by an authorised representative, to the
commission about a matter stated in the notice within the period of
14 days after the day the race bookmaker’s agent is given the notice
or any longer period allowed by the commission (the representation
period).
(6) After giving the notice under subsection (4), the commission must—
(a) take into account—
(i) any representations made by the race bookmaker’s agent
within the representation period; and
(ii) any other relevant information available to the
commission; and
Race bookmakers and race bookmaker’s agents Part 2
Race bookmaker’s agent licences Division 2.3
Section 17
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(b) either—
(i) if the commission is satisfied about each matter stated in
the notice—renew the race bookmaker’s agent licence; or
(ii) if the commission is not satisfied about each matter stated
in the notice—refuse to renew the race bookmaker’s agent
licence.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
to renew a licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
(7) However, despite subsection (6) (b) (ii), the commission may renew
a race bookmaker’s agent licence if satisfied that—
(a) the racing industry would not be adversely affected if the licence
were renewed; and
(b) it is otherwise in the public interest that the licence be renewed.
17 Surrender of race bookmaker’s agent licence
(1) The holder of a race bookmaker’s agent licence may surrender the
licence by written notice to the commission.
(2) The surrender of a race bookmaker’s agent licence takes effect when
the commission receives the notice of surrender or, if a later date of
effect is stated in the notice, on that date.
(3) If a licence is surrendered under this section, the commission must
give to the applicant for the licence written notice of the surrender.
18 Effect of cancellation, surrender or suspension of race
bookmaking licence on agent licence
(1) If a race bookmaking licence is cancelled or surrendered, the
commission must cancel any race bookmaker’s agent licence issued
on the application of the former holder of the race bookmaking
licence.
Part 2 Race bookmakers and race bookmaker’s agents
Division 2.3 Race bookmaker’s agent licences
Section 18
page 20 Race and Sports Bookmaking Act 2001
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(2) If a race bookmaking licence is suspended, the commission must
suspend, until the end of the suspension of the race bookmaking
licence, any race bookmaker’s agent licence issued on the application
of the holder of the race bookmaking licence.
(3) If a race bookmaker’s agent licence is cancelled or suspended under
this section, the commission must give written notice of the
cancellation or suspension to—
(a) the holder of the race bookmaker’s agent licence; and
(b) if practicable, the holder or former holder of the race
bookmaking licence.
(4) If a race bookmaking licence is reinstated (by the commission or the
ACAT) after cancellation, any race bookmaker’s agent licence
cancelled under subsection (1) because of the cancellation must be
reinstated by the commission.
Sports bookmaking Part 3
General Division 3.1
Section 19
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Part 3 Sports bookmaking
Division 3.1 General
19 Engage in sports bookmaking without licence
(1) A person commits an offence if the person engages in sports
bookmaking.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) Subsection (1) does not apply if the person—
(a) is a sports bookmaker; or
(b) is acting in the course of the person’s duties as a director, officer
or employee of a sports bookmaker; or
(c) is a sports bookmaker’s agent acting for the sports bookmaker
who applied for their licence.
Note The defendant has an evidential burden in relation to the matters
mentioned in s (2) (see Criminal Code, s 58).
(3) For subsection (1), a race bookmaker does not engage in sports
bookmaking only because the race bookmaker receives or negotiates
bets on, or in relation to, sports betting events that are races.
20 Determination of sports bookmaking events
(1) The commission may, in writing, determine a sporting or other event
to be a sports bookmaking event for this Act.
(2) A determination under this section is a disallowable instrument.
Part 3 Sports bookmaking
Division 3.1 General
Section 21
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21 Determination of sports bookmaking venues
(1) The commission may, in writing, determine a place to be a sports
bookmaking venue.
(2) A determination under this section is a disallowable instrument.
22 Directions for operation of sports bookmaking venues
(1) The commission may give written directions for the operation of a
sports bookmaking venue.
(2) A direction under this section is a disallowable instrument.
23 Rules for sports bookmaking
(1) The commission may, in writing, determine rules for sports
bookmaking.
(2) In particular, rules for sports bookmaking may make provision
about—
(a) minimum bets; and
(b) methods of betting, including arrangements for the use of
telecommunications equipment; and
(c) requirements for the giving of security for liability to backers for
long-term bets; and
(d) requirements for record keeping by sports bookmakers; and
(e) audit requirements for sports bookmakers.
(3) A determination under this section is a disallowable instrument.
Sports bookmaking Part 3
Sports bookmaking licences Division 3.2
Section 23A
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Division 3.2 Sports bookmaking licences
23A Prohibition of issue of licences in certain cases
(1) The commission must not issue a sports bookmaking licence, or
sports bookmaker’s agent licence, to a person if the application for
the licence is not made in accordance with this Act.
(2) The commission must not issue a sports bookmaking licence, or
sports bookmaker’s agent licence, to a person if a fee payable for the
licence, or any other amount payable by the person to the commission
or the Territory under this Act or another gaming law, remains unpaid
after it has become payable.
(3) If the commission refuses, under this section, to issue a licence, the
commission must give written notice of the refusal to the applicant
for the licence.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
to issue a licence may, on application, be reconsidered by the commission
and reviewed by the ACAT.
24 Maximum number of sports bookmaking licences etc
(1) The Minister may, in writing, determine the maximum number of
sports bookmaking licences that may be issued by the commission.
(2) The commission must not issue a sports bookmaking licence if the
issue of the licence would contravene a determination under this
section.
(3) A determination under this section is a disallowable instrument.
25 Application for sports bookmaking licence
(1) A corporation may apply to the commission for a sports bookmaking
licence.
(2) The application must—
(a) be in writing; and
Part 3 Sports bookmaking
Division 3.2 Sports bookmaking licences
Section 26
page 24 Race and Sports Bookmaking Act 2001
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(b) state the name and business address of the corporation; and
(c) state the period for which the licence is sought; and
(d) include a suitability authorisation for each director of the
corporation; and
(e) if required under subsection (3)—include a suitability
authorisation for any influential shareholder of the corporation;
and
(f) be approved by each director of the corporation; and
(g) include anything else prescribed by regulation.
(3) The commission may, in writing, require the corporation to provide a
suitability authorisation for an influential shareholder of the
corporation.
(4) The commission must not decide the application until the commission
has received and considered a police report about the corporation’s
directors and any influential shareholder for whom a suitability
authorisation has been required under subsection (3).
(5) In this section:
suitability authorisation, for a person, means a written authorisation
by the person authorising a police officer to make inquiries, and make
a written report to the commission, about the character, and any
criminal record, of the person.
26 Issue or refusal of sports bookmaking licence
(1) This section applies if the commission receives a licence application
from a corporation under section 25.
(2) The commission must issue a sports bookmaking licence to the
corporation if satisfied that the corporation and each director of the
corporation meets the suitability requirements.
Note Suitability requirements—see s 92.
Sports bookmaking Part 3
Sports bookmaking licences Division 3.2
Section 26
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(3) Despite subsection (2), the commission may refuse to issue a sports
bookmaking licence to a corporation if the commission believes on
reasonable grounds that an influential shareholder of the corporation
does not meet the suitability requirements.
(4) If the commission is not satisfied that the corporation or a director of
the corporation meets the suitability requirements, or decides under
subsection (3) not to issue a licence to a corporation, the commission
must give a written notice to the applicant that states—
(a) each matter about which the commission is not satisfied, or the
reason for the decision under subsection (3); and
(b) the applicant’s rights under subsection (5).
(5) The applicant may make written representations, or oral
representations by an authorised representative, to the commission
about a matter stated in the notice within 14 days after the applicant
is given the notice or any longer period allowed by the commission.
(6) After giving the notice, the commission must—
(a) take into account—
(i) any representations made by the applicant within the 14
day period or any longer period allowed by the
commission; and
(ii) any other relevant information available to the
commission; and
(b) if the commission is satisfied about each matter stated in the
notice—issue a sports bookmaking licence to the applicant.
(7) If the commission is not satisfied about each of those matters, the
commission must refuse to issue a sports bookmaking licence to the
applicant.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
to issue a licence may, on application, be reconsidered by the commission
and reviewed by the ACAT.
Part 3 Sports bookmaking
Division 3.2 Sports bookmaking licences
Section 27
page 26 Race and Sports Bookmaking Act 2001
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(8) This section is subject to—
(a) section 23A (Prohibition of issue of licences in certain cases);
and
(b) section 24 (2) (Maximum number of sports bookmaking
licences etc).
27 Conditions of sports bookmaking licence
(1) A sports bookmaking licence may be issued subject to any conditions
that the commission considers appropriate—
(a) for the proper conduct of sports bookmaking; or
(b) otherwise in the public interest.
(2) The commission may, by written notice to a sports bookmaker (the
licensee), change the conditions to which the licence is subject (other
than the condition applying under subsection (6)) if the commission
considers it appropriate to do so—
(a) for the proper conduct of sports bookmaking; or
(b) otherwise in the public interest.
Note Under pt 10 (Notification and review of decisions), a decision to issue a
licence subject to a condition, or change a licence condition, may, on
application, be reconsidered by the commission and reviewed by the
ACAT.
(3) The change takes effect—
(a) on the operative day; or
(b) if a later day of effect is stated in the notice—on that later day.
Note For the meaning of operative day, see dict.
(4) If the licensee receives a notice under subsection (2), the licensee
must not fail, without reasonable excuse, to return the licence to the
commission within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
Sports bookmaking Part 3
Sports bookmaking licences Division 3.2
Section 28
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(5) If the licensee returns the licence to the commission, the commission
must, as soon as practicable—
(a) amend the licence in an appropriate way and return it to the
licensee; or
(b) if the commission does not consider it practicable to amend the
licence—issue an appropriate replacement licence to the
licensee.
(6) It is a condition of a sports bookmaking licence that the licensee must
comply with any notice under section 91 (Amendment of security
guarantee) given to the licensee.
28 Sports bookmaking licence—entry of particulars in
register
If the commission issues a sports bookmaking licence to a
corporation, the commission—
(a) must enter in the register any particulars required under the
regulations; and
(b) may enter in the register any other particulars that the
commission considers appropriate.
29 Period for which sports bookmaking licence may be
issued
(1) The Minister may, in writing, determine criteria for deciding the
period for which sports bookmaking licences may be issued.
(2) A determination under this section is a disallowable instrument.
(3) In deciding the period for which a particular sports bookmaking
licence is to be issued, the commission must comply with any criteria
determined under subsection (1).
Part 3 Sports bookmaking
Division 3.3 Sports bookmaker’s agent licences
Section 30
page 28 Race and Sports Bookmaking Act 2001
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30 Duration of sports bookmaking licence
The commission must state in a sports bookmaking licence the period
for which the licence is issued. The period should generally be 15
years, except where the applicant has specified a shorter period, or
the commission is of the opinion that a shorter period should apply.
Note Under pt 10 (Notification and review of decisions), a decision to issue a
licence for a shorter period than applied for may, on application, be
reconsidered by the commission and reviewed by the ACAT.
31 Surrender of sports bookmaking licence
(1) A sports bookmaker may surrender their licence by written notice to
the commission.
(2) The surrender of a sports bookmaking licence takes effect when the
commission receives the notice of surrender or, if a later date of effect
is stated in the notice, on that date.
Division 3.3 Sports bookmaker’s agent licences
34 Application for sports bookmaker’s agent licence
(1) A sports bookmaker may apply to the commission for a sports
bookmaker’s agent licence for a nominated person.
(2) The application must not nominate more than 1 person.
(3) The application must contain, or be accompanied by, an
authorisation, signed by the nominated person, for—
(a) the person to be nominated in the application; and
(b) a police officer to make inquiries, and make a written report to
the commission, about the character, and any criminal record, of
the nominated person.
(4) The commission must not decide the application until the commission
has received and considered a police report, authorised under
subsection (3), about the nominated person.
Sports bookmaking Part 3
Sports bookmaker’s agent licences Division 3.3
Section 35
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35 Issue or refusal of sports bookmaker’s agent licence
(1) If a sports bookmaker applies to the commission for a sports
bookmaker’s agent licence for a nominated person and, after
considering the application, the commission is satisfied that the
nominated person meets the suitability requirements, the commission
must issue a sports bookmaker’s agent licence to the nominated
person.
(2) If the commission is not satisfied that the nominated person meets the
suitability requirements, the commission must give a written notice
to the applicant that states—
(a) each matter about which the commission is not satisfied; and
(b) the applicant’s rights under subsection (3).
(3) The applicant may make written representations, or oral
representations personally or by an authorised representative, to the
commission about a matter stated in the notice within 14 days after
the applicant is given the notice or any longer period allowed by the
commission.
(4) After giving the notice, the commission must—
(a) take into account—
(i) any representations made by the applicant within the 14
day period or any longer period allowed by the
commission; and
(ii) any other relevant information available to the
commission; and
(b) if the commission is satisfied about each matter stated in the
notice—issue a sports bookmaker’s agent licence to the
nominated person.
Part 3 Sports bookmaking
Division 3.3 Sports bookmaker’s agent licences
Section 36
page 30 Race and Sports Bookmaking Act 2001
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(5) If the commission is not satisfied about each of those matters, the
commission must refuse to issue a sports bookmaker’s agent licence
to the nominated person.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
to issue a licence may, on application, be reconsidered by the commission
and reviewed by the ACAT.
(6) This section is subject to section 23A (Prohibition of issue of licences
in certain cases).
36 Conditions of sports bookmaker’s agent licence
(1) A sports bookmaker’s agent licence may be issued subject to any
conditions that the commission considers appropriate—
(a) for the proper conduct of sports bookmaking; or
(b) otherwise in the public interest.
(2) The commission may, by written notice to the holder of a sports
bookmaker’s agent licence (the licensee), change the conditions to
which the licence is subject if the commission considers it appropriate
to do so—
(a) for the proper conduct of sports bookmaking; or
(b) otherwise in the public interest.
Note Under pt 10 (Notification and review of decisions), a decision to issue a
licence subject to a condition, or change a licence condition, may, on
application, be reconsidered by the commission and reviewed by the
ACAT.
(3) The change takes effect—
(a) on the operative day; or
(b) if a later day of effect is stated in the notice—on that later day.
Note For the meaning of operative day, see dict.
Sports bookmaking Part 3
Sports bookmaker’s agent licences Division 3.3
Section 37
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(4) If the licensee receives a notice under subsection (2), the licensee
must not fail, without reasonable excuse, to return the licence to the
commission within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
(5) If the licensee returns the licence to the commission, the commission
must, as soon as practicable—
(a) amend the licence in an appropriate way and return it to the
licensee; or
(b) if the commission does not consider it practicable to amend the
licence—issue an appropriate replacement licence to the
licensee.
(6) If the commission—
(a) issues a sports bookmaker’s agent licence subject to a condition;
or
(b) changes a condition of a sports bookmaker’s agent licence;
the commission must, as soon as practicable, give written notice to
the sports bookmaker who applied for the licence of the condition or
change of condition.
37 Sports bookmaker’s agent licence—entry of particulars in
register etc
If the commission issues a sports bookmaker’s agent licence to a
person, the commission—
(a) must enter in the register any particulars required under the
regulations; and
(b) may enter in the register any other particulars that the
commission considers appropriate; and
(c) must give a copy of the licence to the applicant for the licence.
Part 3 Sports bookmaking
Division 3.3 Sports bookmaker’s agent licences
Section 38
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38 Term of sports bookmaker’s agent licence
A sports bookmaker’s agent licence is issued for the period of not
more than 3 years stated in the licence.
39 Surrender of sports bookmaker’s agent licence
(1) The holder of a sports bookmaker’s agent licence may surrender the
licence by written notice to the commission.
(2) The surrender of a sports bookmaker’s agent licence takes effect
when the commission receives the notice of surrender or, if a later
date of effect is stated in the notice, on that date.
(3) If a licence is surrendered under this section, the commission must
give to the applicant for the licence written notice of the surrender.
40 Effect of cancellation, surrender or suspension of sports
bookmaking licence on agent licence
(1) If a sports bookmaking licence is cancelled or surrendered, the
commission must cancel any sports bookmaker’s agent licence issued
on the application of the former sports bookmaker.
(2) If a sports bookmaking licence is suspended, the commission must
suspend, until the end of the suspension of the sports bookmaking
licence, any sports bookmaker’s agent licence issued on the
application of the sports bookmaker.
(3) If a sports bookmaker’s agent licence is cancelled or suspended under
this section, the commission must give written notice of the
cancellation or suspension to—
(a) the holder of the sports bookmaker’s agent licence; and
(b) if practicable, the sports bookmaker or former sports
bookmaker.
Sports bookmaking Part 3
Sports bookmaker’s agent licences Division 3.3
Section 40
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(4) If a sports bookmaking licence is reinstated (by the commission or
the ACAT) after cancellation, any sports bookmaker’s agent licence
cancelled under subsection (1) because of the cancellation must be
reinstated by the commission.
Part 4 Licences generally
Section 41
page 34 Race and Sports Bookmaking Act 2001
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Part 4 Licences generally
41 Commission’s powers in considering applications
(1) This section applies if the commission receives an application for a
licence or renewal of a licence.
(2) In deciding whether to issue or renew the licence, the commission
may—
(a) make any inquiries that it considers appropriate; and
(b) by written notice, ask a relevant person to provide it with—
(i) any information likely to be relevant to the application that
is within the person’s knowledge or ability to obtain; or
(ii) any document likely to be relevant to the application that
is within the person’s custody or control.
(3) If a person fails to comply with a notice given to the person under
subsection (2) (b), the commission is not required to consider the
application unless satisfied that the person has a reasonable excuse
for the failure and that it is reasonably practicable to consider the
application.
Note Under pt 10 (Notification and review of decisions), a decision not to
consider an application for a licence may, on application, be reconsidered
by the commission and reviewed by the ACAT.
(4) In this section:
relevant person means—
(a) for an application for any kind of licence—the applicant; and
(b) for an application for a race bookmaker’s agent licence or a
sports bookmaker’s agent licence—the person nominated in the
application; and
(c) for an application for renewal of a race bookmaking licence—
the race bookmaker; and
Licences generally Part 4
Section 42
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(d) for an application for renewal of a race bookmaker’s agent
licence—the race bookmaker’s agent.
42 Costs of considering and deciding applications
(1) The commission must decide, for each application, the commission’s
costs of considering and deciding the application.
Note Under pt 10 (Notification and review of decisions), a decision about costs
may, on application, be reconsidered by the commission and reviewed by
the ACAT.
(2) For subsection (1), the commission may—
(a) estimate the expected amount of costs; and
(b) make decisions from time to time.
(3) Each time the commission decides an amount it must give a written
notice to the applicant that—
(a) states the amount; and
(b) requires the applicant to pay the amount to the commission
within 14 days after the applicant is given the notice or any
longer period allowed by the commission.
(4) If the total paid by the applicant at any time exceeds the actual costs,
the commission must repay the difference (the excess amount).
(5) However, if the commission expects to incur further costs in relation
to the application, the commission must—
(a) estimate the further costs (the estimated amount); and
(b) repay the amount (if any) by which the excess amount exceeds
the estimated amount.
(6) When no more costs are likely to be incurred, the commission must—
(a) if the total paid by the applicant, less any amounts already
repaid, (the net total paid) exceeds the actual costs—repay the
difference; or
Part 4 Licences generally
Section 44
page 36 Race and Sports Bookmaking Act 2001
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(b) if the actual costs exceed the net total paid—by written notice
require the applicant to pay the difference to the commission
within 14 days after the applicant is given the notice or any
longer period allowed by the commission.
(7) An amount not paid by the applicant in accordance with a notice
under this section is a debt owing by the applicant to the commission.
(8) In this section:
costs, in relation to an application, includes any expenses or
disbursements reasonably incurred by the commission in considering
and deciding the application.
44 Replacement of licences
(1) The commission may issue a replacement licence if—
(a) the licensee applies to the commission for a replacement licence;
and
(b) the licence has not been suspended or cancelled; and
(c) the commission is satisfied that the licence has been lost, stolen
or destroyed, or damaged in a way that justifies its replacement.
Note Under pt 10 (Notification and review of decisions), a decision not to issue
a replacement licence may, on application, be reconsidered by the
commission and reviewed by the ACAT.
(2) The commission’s power under this section is additional to any other
power of the commission under this Act to issue a replacement
licence.
45 Cancellation of licence on death of licensee or
dissolution etc of corporation
(1) The commission must cancel a licence that is held—
(a) by an individual if the individual dies; or
(b) by a corporation if the corporation is wound up or dissolved.
Licences generally Part 4
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(2) If the commission is satisfied that a licence was cancelled under this
section in error, the commission must reissue the licence.
Note Under pt 10 (Notification and review of decisions), a decision not to
reissue a licence may, on application, be reconsidered by the commission
and reviewed by the ACAT.
(3) However, the commission need not reissue a licence under
subsection (2) if the commission is satisfied that, if the licence had
not been cancelled under this section—
(a) the licence would, for any reason, no longer be in force; or
(b) the commission would, under another provision of this Act—
(i) be required to cancel the licence; or
(ii) have grounds for cancelling, and would exercise the power
to cancel, the licence.
46 Disclosure of information by commission in some cases
(1) If a licence is issued, suspended or cancelled, or the suspension of the
licence is ended, the commission may tell anyone about the matter if,
in the commission’s opinion, it is in the public interest to do so.
(2) Information given under subsection (1) may include the name and
address of the licensee.
(3) A regulation may require the commission to give information
(including the name and address of the licensee) to an entity
prescribed under the regulation about the issue, suspension,
cancellation, or the ending of the suspension, of a licence.
(4) A civil or criminal action, or other proceeding (whether in a court or
the ACAT), does not lie against the commission, or a member, officer
or employee of the commission, merely because of the disclosure of
information in accordance with this section or the regulations.
(5) This section applies despite any other Territory law.
Part 5 Race bookmaking at sports bookmaking venues
Section 47
page 38 Race and Sports Bookmaking Act 2001
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Part 5 Race bookmaking at sports
bookmaking venues
47 Designation of sports bookmaking venues etc
(1) The commission may, in writing, designate a sports bookmaking
venue as a venue where race bookmaking by approved race
bookmakers may be carried on.
Note An approval for a race bookmaker or race bookmaker’s agent to engage
in race bookmaking at a sports bookmaking venue may only be given if
the venue has been designated under this section (see s 49 (1)). It is an
offence for a race bookmaker or race bookmaker’s agent to engage in race
bookmaking at a sports bookmaking venue unless the race bookmaker
holds an approval in relation to the venue (see s 73 (1) and (2)).
(2) A designation may state the maximum number of race bookmakers
that may be accommodated at the designated venue.
(3) A designation is a notifiable instrument.
48 Application for approval for sports bookmaking venue
(1) A race bookmaker may apply to the commission for approval to
engage in race bookmaking at a designated sports bookmaking venue.
(2) If an amount is determined under section 90 (Security guarantee—
determination of minimum amount), in relation to the designated
sports bookmaking venue, for a security guarantee, the applicant must
meet any requirement of the commission in relation to the provision
of the security guarantee.
Note For the meaning of security guarantee in relation to an approval under
this section, see s 92 (5).
Race bookmaking at sports bookmaking venues Part 5
Section 49
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49 Issue or refusal of approval for sports bookmaking venue
(1) If a race bookmaker applies to the commission for an approval to
engage in race bookmaking at a designated sports bookmaking venue
and, after considering the application, the commission is satisfied that
the applicant meets the requirement stated in section 48 (2), the
commission must issue an approval to the applicant in relation to the
venue.
(2) However, if the number of approvals already in force (including any
suspended approvals) for the sports bookmaking venue equals the
number of places stated under section 47 (2) (Designation of sports
bookmaking venues etc) in relation to the venue, the commission—
(a) must refuse the application on the ground that no place is
available at the venue; and
(b) must tell the applicant, in writing, the reason for the refusal; and
(c) may subsequently issue an approval to the applicant if a place,
for which the applicant has priority over later applicants for an
approval in relation to the venue, becomes available at the
venue.
(3) If the commission is not satisfied that the applicant meets the
requirement, the commission must give a written notice to the
applicant that states—
(a) that the commission is not satisfied that the applicant meets the
requirement stated in section 48 (2); and
(b) the applicant’s rights under subsection (4).
(4) The applicant may make written representations, or oral
representations personally or by an authorised representative, to the
commission about a matter stated in the notice within 14 days after
the applicant is given the notice or any longer period allowed by the
commission.
Part 5 Race bookmaking at sports bookmaking venues
Section 49
page 40 Race and Sports Bookmaking Act 2001
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(5) After giving the notice, the commission must—
(a) take into account—
(i) any representations made by the applicant within the 14
day period or any longer period allowed by the
commission; and
(ii) any other relevant information available to the
commission; and
(b) if the commission is satisfied about each matter stated in the
notice—issue an approval to the applicant.
(6) If the commission is not satisfied about each of those matters, the
commission must refuse to issue an approval to the applicant.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
an approval may, on application, be reconsidered by the commission and
reviewed by the ACAT.
(7) On the application of a race bookmaker who holds an approval in
relation to a sports bookmaking venue, the commission may, in
writing, authorise the race bookmaker to field at the venue—
(a) on stated days; or
(b) during stated periods; or
(c) for a stated event or series of events.
Note Under pt 10 (Notification and review of decisions), a decision to refuse
an authorisation may, on application, be reconsidered by the commission
and reviewed by the ACAT.
(8) An approval or authorisation in relation to a sports bookmaking venue
does not give a right of entry to, or a right to remain on, any part of
the premises of the venue.
Race bookmaking at sports bookmaking venues Part 5
Section 50
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50 Conditions of approval for sports bookmaking venue
(1) An approval under section 49 (Issue or refusal of approval for sports
bookmaking venue) may be issued subject to any conditions that the
commission considers appropriate—
(a) for the proper conduct of race bookmaking at the sports
bookmaking venue to which the approval relates; or
(b) otherwise in the public interest.
(2) The commission may, by written notice to the holder of an approval
(the race bookmaker), change the conditions to which the approval is
subject (other than the condition applying under subsection (4)) if the
commission considers it appropriate to do so—
(a) for the proper conduct of race bookmaking at the sports
bookmaking venue to which the approval relates; or
(b) otherwise in the public interest.
Note Under pt 10 (Notification and review of decisions), a decision to issue an
approval subject to a condition, or change an approval condition, may, on
application, be reconsidered by the commission and reviewed by the
ACAT.
(3) The change takes effect—
(a) on the operative day; or
(b) if a later day of effect is stated in the notice—on that later day.
Note For the meaning of operative day, see dict.
(4) It is a condition of an approval in relation to a sports bookmaking
venue at the Canberra racecourse that race bookmaking must not be
carried on at the venue when a race meeting is being held at the
racecourse.
Part 5 Race bookmaking at sports bookmaking venues
Section 51
page 42 Race and Sports Bookmaking Act 2001
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51 Duration of approval for sports bookmaking venue
The commission must state in an approval issued under section 49
(Issue or refusal of approval for sports bookmaking venue) the period
for which the approval is issued.
Note Under pt 10 (Notification and review of decisions), a decision to issue an
approval for a shorter period than applied for may, on application, be
reconsidered by the commission and reviewed by the ACAT.
52 Surrender of approval for sports bookmaking venue
(1) A race bookmaker may, by written notice to the commission,
surrender an approval under section 49 (Issue or refusal of approval
for sports bookmaking venue).
(2) The surrender of an approval takes effect when the commission
receives the notice of surrender or, if a later date of effect is stated in
the notice, on that date.
53 Effect of cancellation, surrender or suspension of race
bookmaking licence on approval
(1) If a race bookmaking licence is cancelled or surrendered, the
commission must cancel any approval issued under section 49 (Issue
or refusal of approval for sports bookmaking venue) to the race
bookmaker.
(2) If a race bookmaking licence is suspended, the commission must
suspend, until the end of the suspension of the race bookmaking
licence, any approval issued under that section to the race bookmaker.
(3) Despite subsection (2), the commission may cancel the approval
instead of suspending it if—
(a) the number of approvals already in force under section 49 for a
designated sports bookmaking venue equals the number of
places stated under section 47 (2) (Designation of sports
bookmaking venues etc) in relation to the venue; and
Race bookmaking at sports bookmaking venues Part 5
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(b) there is at least 1 other person who is eligible under
section 49 (2) (c) to be issued an approval under section 49 in
relation to the venue; and
(c) the commission considers, having regard to the circumstances
leading to, and the period of, the suspension, it would be
unreasonable not to cancel the approval and issue an approval in
relation to the venue to someone else.
54 Application of pt 4
Part 4 (Licences generally) applies to an approval (including an
application for, and issue or refusal of, an approval) under this part as
if—
(a) a reference to an application for a licence were a reference to an
application for an approval; and
(b) a reference to a licence were a reference to an approval.
Part 6 Betting disputes, directions and codes of practice
Division 6.1 Betting disputes generally
Section 55
page 44 Race and Sports Bookmaking Act 2001
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Part 6 Betting disputes, directions and
codes of practice
Division 6.1 Betting disputes generally
55 How disputes about bets may be resolved
(1) This section applies to a dispute between a backer who claims not to
have been paid, or to have been underpaid, for a bet made with a race
bookmaker or a sports bookmaker.
(2) If the backer or race bookmaker dies, this division and division 6.2
apply, as nearly as practicable, to the personal representatives of the
dead person as they would have applied to that person if still alive.
(3) A dispute about a bet made with a race bookmaker at a race meeting
may be resolved in accordance with the rules of the racing club that
held the race meeting.
(4) If, in a relation to a dispute mentioned in subsection (3), an amount is
held under the rules of the racing club to be payable by a race
bookmaker to a backer, civil proceedings may be brought to recover
the amount, if unpaid, from the race bookmaker.
(5) Subsection (4) applies despite any other Territory law.
(6) A backer may refer a dispute about a bet made with a sports
bookmaker, or with a race bookmaker at a sports bookmaking venue,
to the commission for resolution under division 6.2.
Betting disputes, directions and codes of practice Part 6
Betting disputes referred to commission Division 6.2
Section 56
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Division 6.2 Betting disputes referred to
commission
56 Definitions for div 6.2
In this division:
agent, of a bookmaker, means—
(a) for a race bookmaker—a person who holds a race bookmaker’s
agent licence that the race bookmaker applied for; or
(b) for a sports bookmaker—a person who holds a sports
bookmaker’s agent licence that the sports bookmaker applied
for.
betting dispute means a dispute about a bet made with—
(a) a sports bookmaker; or
(b) a race bookmaker at a sports bookmaking venue.
bookmaker means—
(a) in relation to a dispute about a bet made with a race bookmaker
at a sports bookmaking venue—a race bookmaker; or
(b) a sports bookmaker.
57 Referral of betting disputes to commission
(1) If a backer refers a betting dispute with a bookmaker to the
commission, the commission must give a written notice of the referral
to the bookmaker, unless the commission rejects the referral under
subsection (2) or section 58 (3) (Backer to give information about
disputed bet).
(2) If a backer refers the dispute to the commission later than 28 days
after completion of the event on which the bet was made, the
commission must reject the referral by a written notice to the backer
that states the reason for the rejection.
Part 6 Betting disputes, directions and codes of practice
Division 6.2 Betting disputes referred to commission
Section 58
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(3) However, the commission may accept the referral out of time if there
are exceptional circumstances that, in the commission’s opinion,
excuse the delay in referring the dispute to the commission.
Note Under pt 10 (Notification and review of decisions), a decision not to
accept a referral out of time may, on application, be reconsidered by the
commission and reviewed by the ACAT.
58 Backer to give information about disputed bet
(1) If a backer refers a betting dispute to the commission, the commission
may, by written notice, require the backer to give the commission
stated information that the commission reasonably requires about the
dispute within 14 days after the backer is given the notice or any
longer period allowed by the commission.
Note For how documents may be given, see Legislation Act, pt 19.5.
(2) The notice must include a statement to the effect that the referral may
be rejected if the backer fails to comply with the notice within the 14
day period or any longer period allowed by the commission.
(3) If the backer fails to give the required information to the commission
within the 14 day period or any longer period allowed by the
commission, the commission may reject the referral by a written
notice to the backer that states the reason for the rejection.
Note Under pt 10 (Notification and review of decisions), a decision to reject a
referral may, on application, be reconsidered by the commission and
reviewed by the ACAT.
(4) The notice must also include a statement to the effect that the backer
may make written representations to the commission about the betting
dispute within 14 days or any longer period allowed by the
commission.
Betting disputes, directions and codes of practice Part 6
Betting disputes referred to commission Division 6.2
Section 59
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59 Bookmaker or agent to give information about disputed
bet
(1) If a backer refers a betting dispute to the commission, the commission
may, by written notice, require the bookmaker, or bookmaker’s agent,
to give the commission stated information about the dispute within
14 days after the licensee is given the notice or any longer period
allowed by the commission.
(2) If the notice is given to the agent, the commission must give a copy
of the notice to the bookmaker.
(3) The notice must include a statement to the effect that disciplinary
action, which may involve cancellation or suspension of the licence,
may be taken against the bookmaker and, if the notice is given to an
agent, the agent, if the notice is not complied with within 14 days or
any longer period allowed by the commission.
Note For disciplinary powers for noncompliance by the licensee, see pt 8.
(4) The notice must also include a statement to the effect that the
bookmaker or bookmaker’s agent may make written representations
to the commission about the betting dispute within 14 days or any
longer period allowed by the commission.
(5) The person to whom the notice is given must give the information
stated in the notice to the commission within 14 days or any longer
period allowed by the commission.
(6) If the notice is given to the bookmaker’s agent and a copy of it is
given to the bookmaker, the bookmaker must ensure that the
information stated in the notice is given to the commission (by the
agent or the bookmaker) within 14 days or any longer period allowed
by the commission.
Part 6 Betting disputes, directions and codes of practice
Division 6.2 Betting disputes referred to commission
Section 60
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60 Commission’s directions about disputed bets
(1) On referral of a betting dispute to the commission, the commission
must give a written direction about the dispute as soon as practicable.
Note Under pt 10 (Notification and review of decisions), a decision to give a
direction may, on application, be reconsidered by the commission and
reviewed by the ACAT.
(2) However, the commission must not give the direction until it has
taken into account any representations made in accordance with the
statement mentioned in section 58 (4) or 59 (4).
(3) The direction must be signed by the chief executive officer and state
that, in relation to the dispute, the bookmaker—
(a) owes to the backer the amount stated in the direction; or
(b) does not owe any amount to the backer.
(4) The commission must give the backer and the bookmaker a copy of
the direction and a statement of the reasons for the direction.
(5) In a proceeding or arbitration between the backer and the bookmaker
about the disputed bet, a direction that appears to be signed by the
chief executive officer—
(a) may be tendered in evidence without being proved; and
(b) must be accepted as proof of the matters stated in it if there is no
evidence to the contrary.
61 Compliance with direction about disputed bet
(1) If the commission gives a direction to a bookmaker under
section 60 (3) (a) (Commission’s directions about disputed bets), the
bookmaker must pay the backer the amount stated in the direction
within 28 days after the bookmaker receives the direction, unless
subsection (2) or (3) applies.
Betting disputes, directions and codes of practice Part 6
Directions and codes of practice Division 6.3
Section 62
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(2) If the bookmaker applies to the commission under section 82B
(Applications to commission) for reconsideration of the decision to
issue the direction, and the amount is confirmed or varied, the
bookmaker must pay the confirmed or varied amount within 28 days
after the day the bookmaker receives notice under section 83B
(Reviewable decision notices).
(3) If the bookmaker applies to the ACAT under section 84 (Applications
to ACAT), the ACAT may, on application by the bookmaker, direct
that the bookmaker need not pay the amount, or a stated part of the
amount, until—
(a) a stated date; or
(b) further direction by the ACAT.
(4) If the ACAT confirms or varies the amount, the bookmaker must pay
any unpaid part of the confirmed or varied amount within 28 days
after the day the bookmaker receives notice of the ACAT’s decision,
or any other period directed by the ACAT.
(5) Despite any other Territory law, civil proceedings may be brought to
recover an amount, if unpaid, that is payable under this section.
Division 6.3 Directions and codes of practice
62 Commission’s directions about conduct of licensee’s
operations
(1) The commission may give written directions to the holder of a licence
(the licensee) about how the licensee is to conduct the licensee’s
operations as the holder of the licence.
Note Under pt 10 (Notification and review of decisions), a decision to give a
direction may, on application, be reconsidered by the commission and
reviewed by the ACAT.
Part 6 Betting disputes, directions and codes of practice
Division 6.3 Directions and codes of practice
Section 63
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(2) The directions must not be inconsistent with—
(a) this Act or any other Territory law; or
(b) a condition of the licence.
(3) The licensee must comply with the directions.
63 Codes of practice
The holder of a licence of a particular kind must comply with the
requirements of a code of practice to the extent that it relates to
holders of a licence of that kind.
Note For the meaning of code of practice, see dict.
Taxation Part 7
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Part 7 Taxation
64 Tax on bookmaking
(1) Tax is imposed, at the rate determined under section 65 (1)
(Determination of tax rates etc) for a period, on the amount of a race
bookmaker’s turnover in the period.
(2) Tax is imposed, at the rate determined under section 65 (2) for a
period, on the amount of a sports bookmaker’s turnover in the period.
(3) For this section, the following provisions apply:
(a) the amount of turnover of a race bookmaker or sports
bookmaker (the bookmaker) for a period is the total of the
amounts paid or promised to the bookmaker as consideration for
bets completed during the period, reduced by the total of the
amounts of bet backs made by the bookmaker in the period;
(b) a bet is taken to be completed—
(i) for a bet, other than a telephone bet, with a race
bookmaker—when the bookmaker issues a numbered
betting ticket for the bet; or
(ii) for a telephone bet with a race bookmaker—when the bet
is confirmed in accordance with rules approved under
section 76 (1) (Rules about telephone betting); or
(iii) for a bet with a sports bookmaker—when the bet is
confirmed in accordance with directions given under
section 22 (Directions for operation of sports bookmaking
venues) or the rules for sports bookmaking.
(c) a bet is taken to be paid or promised to the bookmaker if it is
paid or promised to a race bookmaker’s agent, or a sports
bookmaker’s agent, as the agent of the bookmaker;
Part 7 Taxation
Section 65
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(d) a bet back is taken to be made by the bookmaker if it is made by
a race bookmaker’s agent, or a sports bookmaker’s agent, as the
agent of the bookmaker.
Note Under the Gambling and Racing Control Act 1999, s 48, the provisions
of the Taxation Administration Act 1999 (other than pt 9) apply, with
modifications, to gaming laws (including this Act). For the provisions
relating to objections and appeals in taxation matters (including
assessments), see the Taxation Administration Act 1999, pt 10, and sch 1
and sch 2.
65 Determination of tax rates etc
(1) For section 64 (1) (Tax on bookmaking), the Minister may, in writing,
determine—
(a) the rate of tax applying to the turnover of race bookmakers in a
period stated in the determination; and
(b) how the tax is to be calculated; and
(c) different rates for different amounts or percentages of turnover;
and
(d) when the tax is payable.
(2) For section 64 (2), the Minister may, in writing, determine—
(a) the rate of tax applying to the turnover of sports bookmakers in
a period stated in the determination; and
(b) how the tax is to be calculated; and
(c) different rates for different amounts or percentages of turnover;
and
(d) when the tax is payable.
(3) For section 64 (3), the commission may, in writing, determine rules
for the calculation of the amount of bet backs made by a race
bookmaker or a sports bookmaker in a period.
(4) A determination under this section is a disallowable instrument.
Taxation Part 7
Section 66
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66 Returns for tax
(1) A person who engages in race bookmaking in a period stated in a
determination under section 65 (1) (Determination of tax rates etc)
must, within 28 days after the end of the period, give the commission
a return for the period.
Maximum penalty: 20 penalty units.
(2) A person who engages in sports bookmaking in a period stated in a
determination under section 65 (2) must, within 28 days after the end
of the period, give the commission a return for the period.
Maximum penalty: 20 penalty units.
Part 8 Disciplinary provisions
Section 67
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Part 8 Disciplinary provisions
67 Power to hold inquiry
(1) The commission may hold an inquiry into the possible need to take
action under this part against a licensee.
(2) If the commission decides to hold an inquiry, the commission must
give written notice of the inquiry to the licensee, inviting
representations by or on behalf of the licensee within 28 days after
the notice is given to the licensee or any longer period allowed by the
commission.
(3) Representations under subsection (2) may be made orally, in writing
or both.
(4) For the inquiry, the licensee, or an authorised representative of the
licensee, may appear before the commission within the 28 day period
or any longer period allowed by the commission.
(5) If the commission gives a notice under subsection (2), it may, by
further notice to the licensee, suspend the licensee’s licence until the
end of the inquiry.
(6) For subsection (5), the following provisions apply:
(a) the commission must not give a notice under that subsection
unless satisfied that suspension of the licensee’s licence is
necessary in the public interest;
(b) the commission is not obliged to grant the licensee an
opportunity to make representations to the commission before
suspending the licence;
(c) if the commission does not give the licensee an opportunity to
make representations to the commission before suspending the
licence, the commission must give the licensee a reasonable
opportunity to make representations why the suspension should
be lifted;
Disciplinary provisions Part 8
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(d) if paragraph (c) applies, the commission must, as quickly as
possible, make a decision about any representations made under
that paragraph;
(e) the commission may (in response to representations or on its
own initiative) lift the suspension at any time before the end of
the inquiry;
(f) if, under paragraph (e), the commission lifts a suspension, it may
do so on conditions notified in writing to the licensee.
68 Mandatory cancellation of licence
(1) Following an inquiry in relation to a licensee, the commission must
cancel each licence held by the licensee if the commission is satisfied
on reasonable grounds that at least 1 criterion that, under this section,
applies to the licensee has been established in relation to the licensee.
Note 1 Despite this subsection, the commission has a discretion, in certain
circumstances, to impose another penalty (see s (7)).
Note 2 Under pt 10 (Notification and review of decisions), a decision to cancel
a licence may, on application, be reconsidered by the commission and
reviewed by the ACAT.
(2) If the licensee holds a race bookmaking licence, the following criteria
apply to the licensee:
(a) the licensee does not satisfy a requirement mentioned in
section 10B (3) (a) (Race bookmaking licence—decision on
renewal);
(b) the commission does not hold the belief mentioned in
section 10B (3) (b);
(c) the licensee has committed a prohibited act.
Part 8 Disciplinary provisions
Section 68
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(3) If the licensee holds a race bookmaker’s agent licence, the following
criteria apply to the licensee:
(a) the race bookmaker’s agent does not satisfy a requirement
mentioned in section 16B (3) (Race bookmaker’s agent
licence—decision on renewal);
(b) the race bookmaker’s agent has committed a prohibited act.
(4) For subsection (2) and (3), a prohibited act is any of the following:
(a) engaging in race bookmaking—
(i) for a race bookmaker—contrary to section 73 (1) or (3)
(Restrictions on race bookmakers and sports bookmakers);
or
(ii) for a race bookmaker’s agent—contrary to section 73 (2)
or (3);
(b) accepting a bet by telephone contrary to section 75 (Telephone
betting by race bookmaker or race bookmaker’s agent);
(c) contravening, without reasonable excuse, the rules about
telephone betting approved under section 76 (1) (Rules about
telephone betting);
(d) interfering, without reasonable excuse, with equipment
prescribed under the regulations for section 75 (b), unless the
licensee satisfies the commission that the licensee—
(i) did not know, and had no reason to believe, that the
equipment was prescribed equipment; or
(ii) acted under an authorisation under section 87
(Maintenance of prescribed equipment).
Disciplinary provisions Part 8
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(5) If the licensee holds a sports bookmaking licence, the following
criteria apply to the licensee:
(a) the corporation, any director of the corporation, or any
influential shareholder of the corporation, does not meet the
suitability requirements;
(b) the corporation, or any director of the corporation, has engaged
in a prohibited act;
(c) the licensee has not paid a fee payable under this Act in relation
to the licence within the period it is required to be paid.
Note For prohibited act for this subsection, see s (7).
(6) If the licensee holds a sports bookmaker’s agent licence, the
following criteria apply to the licensee:
(a) the licensee does not meet the suitability requirements;
(b) the licensee has not paid a fee payable under this Act in relation
to the licence within the period it is required to be paid;
(c) the licensee has committed a prohibited act.
(7) For subsections (5) and (6), a prohibited act is any of the following:
(a) engaging in sports bookmaking at a place other than a sports
bookmaking venue;
(b) contravening a direction given under section 22 (1) (Directions
for operation of sports bookmaking venues) to the licensee;
(c) contravening the rules for sports bookmaking.
(8) Despite subsection (1), the commission may, instead of cancelling the
licence, take other disciplinary action under section 69 (Discretionary
penalties), if the commission considers that, in the circumstances (for
example, the minor nature of the ground for cancellation)—
(a) the public interest does not require cancellation of the licence;
and
Part 8 Disciplinary provisions
Section 69
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(b) cancellation of the licence would be an excessively severe
penalty.
Note Under pt 10 (Notification and review of decisions), a decision to take
disciplinary action may, on application, be reconsidered by the
commission and reviewed by the ACAT.
69 Discretionary penalties
(1) If, following an inquiry in relation to a licensee, the commission is
satisfied on reasonable grounds that a criterion mentioned in this
section is established in relation to the licensee, the commission may
take 1 or more of the kinds of disciplinary action mentioned in
subsection (10) against the licensee.
Note Under pt 10 (Notification and review of decisions), a decision to take
disciplinary action may, on application, be reconsidered by the
commission and reviewed by the ACAT.
(2) However, if section 68 (1) (Mandatory cancellation of licence)
applies, the commission may act under this section only in accordance
with section 68 (8).
(3) The following criteria apply irrespective of the kind of licence that
the licensee holds:
(a) the licensee has contravened a condition of the licence;
(b) the licensee has failed to pay a financial penalty imposed on the
licensee under this section within the period it is required to be
paid;
(c) the licensee has failed to comply with a direction given to the
licensee under section 62 (Commission’s directions about
conduct of licensee’s operations);
(d) the licensee has contravened a code of practice;
Disciplinary provisions Part 8
Section 69
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(e) the licence was obtained—
(i) by a representation or declaration that was false or
misleading in a material particular; or
(ii) in any other improper way;
(f) subject to subsection (4), the licensee has contravened a
provision of this Act or a corresponding law, other than—
(i) a contravention mentioned in section 68 (8); or
(ii) a contravention that is an offence.
Note For a contravention that is an offence, see s 92 (1).
(4) However, the criterion mentioned in subsection (3) (f) does not apply
to a sports bookmaking licence.
Note For a sports bookmaking licence, see s (6) (b).
(5) If the licensee is a race bookmaker who holds, or has held, an
approval issued under section 49 (Issue or refusal of approval for
sports bookmaking venue), the following criteria also apply:
(a) the licensee has contravened a condition of the approval;
(b) the approval was obtained—
(i) by a representation or declaration that was false or
misleading in a material particular; or
(ii) in any other improper way.
(6) If the licensee holds a sports bookmaking licence, the following
criteria also apply:
(a) the licensee has failed to give to the commission a suitability
authorisation required under section 80 (5), (6) or (7) (Sports
bookmaker to tell commission about certain changes);
Part 8 Disciplinary provisions
Section 69
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(b) the corporation, any director of the corporation, or any
influential shareholder of the corporation, has contravened a
provision of this Act or a corresponding law, if contravention of
the provision is not an offence.
(7) If the licensee holds a race bookmaking licence or sports bookmaking
licence, the following criteria also apply:
(a) the licensee (or a person who, for division 6.2, is an agent of the
licensee) has failed to comply with a notice by the commission
under section 59 (Bookmaker or agent to give information about
disputed bet);
(b) the licensee has failed to pay an amount within the period it is
required to be paid under section 61 (Compliance with direction
about disputed bet).
(8) If the licensee holds a race bookmaker’s agent licence or sports
bookmaker’s agent licence, the criterion that the licensee failed to
comply with a notice by the commission under section 59 also
applies.
(9) For this section, the regulations may prescribe additional criteria.
(10) For subsection (1), the following kinds of disciplinary action may be
taken against a licensee:
(a) the issue of a reprimand;
(b) a change of the conditions of the licence;
(c) unless only the criterion mentioned in subsection (3) (b) applies,
the imposition of a financial penalty of not more than $10 000
or, if a higher amount is prescribed under the regulations, the
higher amount;
(d) the suspension of the licence—
(i) for a stated period; or
(ii) until 1 or more stated conditions have been met;
Disciplinary provisions Part 8
Section 70
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(e) the cancellation of the licence (whether or not the licence is
already suspended);
(f) if the licensee holds an approval issued under section 49 (Issue
or refusal of approval for sports bookmaking venue)—the
cancellation or suspension of the approval.
70 Notice of disciplinary action
(1) If the commission cancels a licence under section 68 (Mandatory
cancellation of licence) or section 69 (Discretionary penalties)—
(a) the commission must give to the licensee written notice of the
cancellation that explains the day of effect of the cancellation;
and
(b) the cancellation has effect on the day of effect.
Note For the meaning of day of effect, see s (6).
(2) If the commission suspends a licence under section 69—
(a) the commission must give to the licensee written notice of the
suspension that explains the day of effect of the suspension; and
(b) the suspension has effect on the day of effect.
(3) If the commission takes any other or additional disciplinary action
against a licensee under section 69, the commission must give written
notice to the licensee of the action.
(4) If the commission imposes a financial penalty on a licensee, the
licensee must pay the amount of the penalty to the commission within
the period stated in the notice or any longer period allowed by the
commission.
(5) The amount of the financial penalty is a debt owing by the licensee to
the commission if it is not paid within the stated period.
Part 8 Disciplinary provisions
Section 71
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(6) In this section:
day of effect, of the cancellation or suspension of a licence, means the
day after—
(a) if the notice of cancellation or suspension is delivered to the
licensee or to the last-known address of the licensee—the day
when the notice is delivered; or
(b) if the notice is posted to the licensee at the last-known address
of the licensee—the day when the notice would be delivered in
the ordinary course of post.
71 Directions to remedy matter
(1) This section applies if the commission—
(a) is satisfied on reasonable grounds that a ground for disciplinary
action against a licensee under section 69 (Discretionary
penalties) has been established; and
(b) considers that it is appropriate to give to the licensee an
opportunity to remedy the matter.
(2) The commission may give a written notice to the licensee that
states—
(a) the commission’s intention to issue a direction to remedy the
matter; and
(b) the criterion (mentioned in section 69) in relation to which the
commission proposes to issue the direction; and
(c) the licensee’s right to make written representations, or oral
representations personally or by an authorised representative, to
the commission, within 14 days after the applicant is given the
notice or any longer period allowed by the commission, to show
why the proposed direction should not be issued.
Disciplinary provisions Part 8
Section 72
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(3) After considering any representations made within the period
mentioned in subsection (2) (c), the commission may give a written
direction to the licensee to remedy the matter stated in the notice.
(4) The direction must state—
(a) the reasons for the direction; and
(b) the action that the licensee must take to remedy the matter; and
(c) the period within which the licensee must take the action.
(5) A person must not, without reasonable excuse, fail to comply with a
direction given to the person under subsection (3).
Maximum penalty: 5 penalty units.
72 Ending of suspension of licence
(1) If the commission has suspended a licence until a condition has been
met, the commission may end the suspension at any time, even though
the condition has not been met.
Note Subsections (1) and (2) apply subject to s (3) and s (4).
(2) If the commission has suspended a licence for a stated period, the
commission may end the suspension at any time before the end of the
period.
Note Under pt 10 (Notification and review of decisions), a decision not to end
a licence suspension may, on application, be reconsidered by the
commission and reviewed by the ACAT.
(3) However, the commission may end a suspension under subsection (1)
or (2) only if the commission is satisfied that a special reason justifies
ending it.
(4) This section does not apply to a suspension under section 67 (5)
(Power to hold inquiry).
Part 9 Offences
Section 72A
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Part 9 Offences
72A Betting by or on behalf of child
(1) A child commits an offence if—
(a) the child places a bet with another person who is a race
bookmaker or sports bookmaker; and
(b) the child knows the other person is a race bookmaker or sports
bookmaker.
Maximum penalty: 10 penalty units.
(2) A child commits an offence if—
(a) the child places a bet with another person who is a race
bookmaker or sports bookmaker; and
(b) the child knows the other person is a race bookmaker or sports
bookmaker; and
(c) the child uses a false document of identification or someone
else’s document of identification for the purpose of placing the
bet.
Maximum penalty: 10 penalty units.
(3) A person commits an offence if—
(a) the person is a race bookmaker or sports bookmaker; and
(b) the person accepts a bet placed by a child.
Maximum penalty: 50 penalty units.
(4) An offence against subsection (3) is a strict liability offence.
Offences Part 9
Section 73
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(5) A person commits an offence if—
(a) the person places a bet with another person who is a race
bookmaker or sports bookmaker; and
(b) the person places the bet on behalf of a child.
Maximum penalty: 20 penalty units.
(6) In this section:
document of identification, for a person, means a document that—
(a) is a driver licence, proof of identity card or passport; and
(b) contains a photograph that could reasonably be taken to be of
the person; and
(c) indicates that the person to whom the document was issued is at
least 18 years old.
driver licence means an Australian driver licence or a licence to drive
a motor vehicle (however described) issued under the law of an
external Territory or a foreign country.
73 Restrictions on race bookmakers and sports bookmakers
(1) A race bookmaker must not engage in race bookmaking except—
(a) at a race meeting; or
(b) at a sports bookmaking venue described in an approval given
under section 49 (1) (Issue or refusal of approval for sports
bookmaking venue) to the race bookmaker.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
Part 9 Offences
Section 73
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(2) A race bookmaker’s agent must not engage in race bookmaking
except—
(a) at a race meeting; or
(b) at a sports bookmaking venue described in an approval given
under section 49 (1) to the race bookmaker—
(i) who applied for the licence held by the race bookmaker’s
agent; and
(ii) for whom the race bookmaker’s agent is engaging in race
bookmaking at the venue.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(3) A race bookmaker or a race bookmaker’s agent must not engage in
race bookmaking at a sports bookmaking venue in contravention of a
direction under section 22 (1) (Directions for operation of sports
bookmaking venues) for the operation of the venue.
Maximum penalty: 50 penalty units.
(4) A sports bookmaker or a sports bookmaker’s agent must not engage
in sports bookmaking at a sports bookmaking venue in contravention
of a direction under section 22 (1) for the operation of the venue.
Maximum penalty: 50 penalty units.
(5) A sports bookmaker or a sports bookmaker’s agent must not engage
in sports bookmaking except at a sports bookmaking venue.
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(6) A sports bookmaker or a sports bookmaker’s agent must not
contravene the rules for sports bookmaking.
Maximum penalty: 50 penalty units.
Offences Part 9
Section 73A
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73A Bookmakers—unauthorised bookmaking
(1) A sports bookmaker or sports bookmaker’s agent commits an offence
if the sports bookmaker or sports bookmaker’s agent accepts a bet—
(a) at a place that is not a sports bookmaking venue; or
(b) on something that is not a sports bookmaking event.
Maximum penalty: 50 penalty units.
(2) A race bookmaker commits an offence if the race bookmaker accepts
a bet other than—
(a) at a race meeting; or
(b) at a sports bookmaking venue described in an approval given
under section 49 (1) to the race bookmaker.
Maximum penalty: 50 penalty units.
(3) A race bookmaker’s agent commits an offence if the agent accepts a
bet other than—
(a) at a race meeting; or
(b) at a sports bookmaking venue described in an approval given
under section 49 (1) to the race bookmaker—
(i) who applied for the licence held by the race bookmaker’s
agent; and
(ii) for whom the race bookmaker’s agent is engaging in race
bookmaking at the venue.
Maximum penalty: 50 penalty units.
(4) A race bookmaker, or a race bookmaker’s agent, commits an offence
if the race bookmaker or race bookmaker’s agent accepts a bet on
something other than a race.
Maximum penalty: 50 penalty units.
(5) An offence against this section is a strict liability offence.
Part 9 Offences
Section 74
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74 Unsigned licences—race bookmakers and race
bookmaker’s agents
(1) A race bookmaker must not engage in race bookmaking unless the
race bookmaker has signed their race bookmaking licence.
Maximum penalty: 10 penalty units.
(2) A race bookmaker’s agent must not act for a race bookmaker unless
the race bookmaker’s agent has signed their race bookmaker’s agent
licence.
Maximum penalty: 10 penalty units.
75 Telephone betting by race bookmaker or race
bookmaker’s agent
A race bookmaker or a race bookmaker’s agent must not accept a bet
by telephone unless—
(a) the bet is placed in accordance with the procedures (if any)
prescribed under the regulations; and
(b) the bet is recorded using equipment (if any) prescribed under the
regulations.
Maximum penalty: 30 penalty units.
76 Rules about telephone betting
(1) The commission may, in writing, approve rules about telephone
betting by race bookmakers.
(2) Rules approved under subsection (1) are a disallowable instrument.
(3) A race bookmaker, or a race bookmaker’s agent acting for a race
bookmaker, must not, without reasonable excuse, contravene the
rules.
Maximum penalty: 50 penalty units.
Offences Part 9
Section 77
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77 Interference with prescribed equipment
(1) A person must not, without reasonable excuse, interfere with
equipment prescribed under the regulations for section 75 (b)
(Telephone betting by race bookmaker or race bookmaker’s agent).
Maximum penalty: 50 penalty units, imprisonment for 6 months or
both.
(2) It is a defence to a prosecution for an offence against subsection (1)
if the defendant establishes that the defendant—
(a) did not know, and had no reason to believe, that the equipment
was prescribed equipment; or
(b) acted under an authorisation under section 87 (Maintenance of
prescribed equipment).
78 Production of licences and specimen signatures
(1) An authorised officer or a police officer may require a person who is
engaging in race bookmaking—
(a) to produce the person’s bookmaking licence or race
bookmaker’s agent licence; and
(b) to write the person’s signature for the purpose of comparing the
signature with the signature on the licence.
(2) A person must not, without reasonable excuse, fail to comply with a
requirement under subsection (1).
Maximum penalty: 10 penalty units.
Part 9 Offences
Section 79
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79 Racing club to give details of race bookmaking at race
meetings
A racing club that conducts a race meeting must, within 7 days after
the meeting or within any further period allowed by the commission,
give to the commission the name and address of each person who
engaged in race bookmaking at the race meeting.
Maximum penalty: 20 penalty units.
80 Sports bookmaker to tell commission about certain
changes
(1) A sports bookmaker must give written notice to the commission after
a change in any of the following particulars:
(a) the name or business address of the sports bookmaker;
(b) the directors of the sports bookmaker;
(c) the name or business address of any director, or the secretary, of
the sports bookmaker;
(d) if the sports bookmaker is a proprietary company—the people
who are influential shareholders of the sports bookmaker;
(e) if another corporation is an influential shareholder of the sports
bookmaker—the directors, or the people who are influential
shareholders, of the other corporation.
(2) The sports bookmaker must not fail to give a notice to the commission
under subsection (1) within 14 days after the change happens or any
longer period allowed by the commission.
Maximum penalty: 20 penalty units.
Offences Part 9
Section 80
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(3) After receiving a notice under subsection (1), the commission may,
in writing, require the sports bookmaker to give to the commission,
within 14 days or any longer period allowed by the commission,
further information in writing about—
(a) the directors, or any stated director, of the sports bookmaker; or
(b) the secretary of the sports bookmaker; or
(c) any stated shareholder who is an influential shareholder of the
sports bookmaker.
(4) A person who receives a notice under subsection (3) must not, without
reasonable excuse, fail to comply with the notice.
Maximum penalty: 50 penalty units.
(5) A notice under subsection (1) stating that a person has become a
director of the sports bookmaker must include a suitability
authorisation for the director.
(6) If a sports bookmaker gives the commission a notice under
subsection (1) stating that a person has become an influential
shareholder of the sports bookmaker, the commission may, in writing,
require the sports bookmaker to provide a suitability authorisation for
the influential shareholder.
(7) If a sports bookmaker gives the commission a notice under
subsection (1) stating that another corporation (the incoming
corporation) has become an influential shareholder of the sports
bookmaker, the commission may, in writing, require the sports
bookmaker to provide a suitability authorisation for each director of
the incoming corporation.
(8) In this section:
suitability authorisation, for a person, means a written authorisation
by the person authorising a police officer to make inquiries, and make
a written report to the commission, about the character, and any
criminal record, of the person.
Part 9 Offences
Section 81
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81 Return of surrendered, cancelled or suspended licence
(1) A person who surrenders a licence under this Act must not fail,
without reasonable excuse, to return the licence to the commission
within 7 days after the surrender takes effect.
Maximum penalty: 5 penalty units.
(2) If a licence is cancelled or suspended, the commission may give
written notice to the licensee to return the licence to the commission.
(3) A person who receives a notice under subsection (2) must not fail,
without reasonable excuse, to return the licence to the commission
within 7 days after receiving the notice.
Maximum penalty: 5 penalty units.
Notification and review of decisions Part 10
Section 82
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Part 10 Notification and review of
decisions
82 Definitions—pt 10
In this part:
internally reviewable decision means a decision mentioned in
schedule 1, column 3 under a provision of this Act mentioned in
column 2 in relation to the decision.
internal reviewer—see section 83.
internal review notice—see the ACT Civil and Administrative
Tribunal Act 2008, section 67B (1).
reviewable decision means a decision of the internal reviewer in
relation to an internally reviewable decision.
82A Internal review notices
If the commission makes an internally reviewable decision, the
commission must give an internal review notice to each entity
mentioned in schedule 1, column 4 in relation to the decision.
Note The commission must also take reasonable steps to give an internal
review notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67B).
82B Applications to commission
(1) The following may apply to the commission for reconsideration of an
internally reviewable decision:
(a) an entity mentioned in schedule 1, column 4 in relation to the
decision;
(b) any other person whose interests are affected by the decision.
Part 10 Notification and review of decisions
Section 83
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(2) The application must—
(a) be in writing; and
(b) state the applicant’s name and address; and
(c) set out the applicant’s reasons for making the application.
(3) The application must be given to the commission—
(a) within 28 days after the day the applicant is given the internal
review notice; or
(b) within any longer period allowed by the commission before or
after the end of the 28-day period.
83 Internal reviewer
The commission must arrange for a person (the internal reviewer)
who did not make the internally reviewable decision to reconsider the
decision.
83A Reconsideration by internal reviewer
(1) The internal reviewer for an internally reviewable decision must
reconsider the decision.
(2) The reconsideration must happen within 28 days (the 28-day period)
after the day the commission receives the application for
reconsideration of the internally reviewable decision.
(3) The internal reviewer must—
(a) confirm the decision; or
(b) vary the decision; or
(c) set aside the decision and substitute the reviewer’s own decision.
(4) If the decision is not varied or set aside within the 28-day period, the
decision is taken to have been confirmed by the internal reviewer.
Notification and review of decisions Part 10
Section 83B
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83B Reviewable decision notices
If the internal reviewer makes a reviewable decision, the internal
reviewer must give a reviewable decision notice to each entity
required to be given an internal review notice in relation to the
decision.
Note The internal reviewer must also take reasonable steps to give a reviewable
decision notice to any other person whose interests are affected by the
decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).
84 Applications to ACAT
The following may apply to the ACAT for review of a reviewable
decision:
(a) an entity that is given a reviewable decision notice;
(b) any other person whose interests are affected by the decision.
Part 11 Miscellaneous
Section 85
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Part 11 Miscellaneous
85 Evidence of licences
(1) A certificate that appears to be signed by or on behalf of the chief
executive officer, is evidence that, on a stated date or during a stated
period—
(a) a stated person was, or was not, the holder of a stated kind of
licence; or
(b) a stated person was, or was not—
(i) a director of a sports bookmaker; or
(ii) the secretary of a sports bookmaker; or
(iii) an influential shareholder of a sports bookmaker.
(2) A certificate that appears to be signed by or on behalf of the chief
executive officer may be tendered in evidence, without being proved,
to a court, the ACAT or a person acting judicially (including an
arbitrator).
87 Maintenance of prescribed equipment
(1) The commission may, in writing, authorise a person to exercise stated
functions in relation to the maintenance of equipment prescribed
under the regulations for section 75 (b) (Telephone betting by race
bookmaker or race bookmaker’s agent).
(2) An authorisation is a disallowable instrument.
(3) The commission may, by written notice, give directions to a person
authorised under subsection (1) about the exercise of the person’s
functions.
(4) A person must not, without reasonable excuse, contravene a direction.
Maximum penalty: 50 penalty units.
Miscellaneous Part 11
Section 88
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88 Maintenance and control of telephone equipment
(1) The commission may, by written notice, give directions to a race
bookmaker about the maintenance and control of telephone
equipment used for betting.
(2) A race bookmaker must not, without reasonable excuse, contravene a
direction given to the race bookmaker.
Maximum penalty: 50 penalty units.
89 Commission to keep register
The commission must keep a register of licensees.
90 Security guarantee—determination of minimum amount
(1) The commission may, in writing, determine the minimum amount of
security guarantees for race bookmaking licences, sports bookmaking
licences, or approvals under section 49 (Issue or refusal of approval
for sports bookmaking venue) in relation to designated sports
bookmaking venues.
Note A security guarantee may be required for:
• a race bookmaking licence (see s 7 (2) (a) (v) and s 10B (3) (a) (v));
• a sports bookmaking licence (see s 92 (1) (h) and (i));
• an approval to engage in race bookmaking at a designated sports
bookmaking venue (see s 48 (2)).
(2) A determination under this section is a disallowable instrument.
Part 11 Miscellaneous
Section 91
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91 Amendment of security guarantee
(1) If the commission considers that the amount of the security guarantee
of a race bookmaker or a sports bookmaker (the bookmaker) has
become inappropriate, the commission must give a written notice to
the bookmaker that states—
(a) that the commission proposes to amend, in the way stated in the
notice, the nature or amount (or both) of the security guarantee;
and
(b) that the bookmaker may make written representations about the
proposal to the commission within 14 days after the bookmaker
is given the notice or any longer period allowed by the
commission.
Note A security guarantee may be required for:
• a race bookmaking licence (see s 7 (2) (a) (v) and s 10B (3) (a) (v));
• a sports bookmaking licence (see s 92 (1) (h) and (i));
• an approval to engage in race bookmaking at a designated sports
bookmaking venue (see s 48 (2)).
(2) After considering any representations made in accordance with
subsection (1) (b), the commission may—
(a) amend, in the way stated in the notice or in another way that is
not less favourable to the bookmaker, the nature of the security
guarantee; or
(b) whether or not the nature of the security guarantee is amended,
amend the amount of the security guarantee to the amount stated
in the notice or to a lesser amount.
Note Under pt 10 (Notification and review of decisions), a decision to amend,
or not to amend, the nature or amount of a security guarantee may, on
application, be reconsidered by the commission and reviewed by the
ACAT.
Miscellaneous Part 11
Section 92
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(3) If the commission amends the nature or amount of a security
guarantee, the commission must, by written notice given to the
bookmaker, require the bookmaker to provide to the commission the
amended security guarantee within 14 days after the bookmaker is
given the notice or any longer period allowed by the commission.
92 Meaning of suitability requirements and security
guarantee
(1) For this Act, the suitability requirements, for a relevant person, are
the requirements that the person—
(a) has a reputation for sound business conduct; and
(b) for an individual—has a reputation for sound character; and
(c) has a satisfactory financial position and financial background;
and
(d) has not, within 5 years before the suitability requirements are
applied, been convicted or found guilty of an offence against a
gaming law or against a corresponding law prescribed under the
regulations; and
(e) does not owe an amount that has become payable by the person
to the commission or the Territory under this Act or another
gaming law; and
(f) has not been convicted or found guilty (in Australia or a foreign
country) of an offence punishable by death or imprisonment,
other than an offence that does not, having regard to all relevant
circumstances (including, for example, the nature of the offence
and how long ago the offence was committed), establish
reasonable grounds for believing that the person is now of
unsound character; and
(g) has not, at any time, associated, or entered into any business or
financial arrangements, with a person who has a reputation for
unsound business conduct or unsound character; and
Part 11 Miscellaneous
Section 92
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(h) for an applicant for a sports bookmaking licence—has given an
undertaking acceptable to the commission to provide, and has
demonstrated to the commission’s satisfaction the ability to
provide, a security guarantee on issue of the licence; and
(i) for a sports bookmaker—has provided a security guarantee; and
(j) for a corporation—has, or has arranged, a satisfactory
ownership, trust or corporate structure; and
(k) meets the conditions (if any) prescribed under the regulations.
(2) For subsection (1), each of the following people is a relevant person:
(a) an applicant for a sports bookmaking licence, and any director
or influential shareholder of the applicant;
(b) a sports bookmaker, and any director or influential shareholder
of the sports bookmaker;
(c) a person nominated in an application for a sports bookmaker’s
agent licence;
(d) a sports bookmaker’s agent.
(3) A security guarantee, for the suitability requirements applying to a
corporation that applies for, or holds, a sports bookmaking licence,
means 1 or more documents that satisfy the commission about the
corporation’s ability to cover the corporation’s sports bookmaking
losses to the amount applying to the corporation under a
determination under section 90.
(4) A security guarantee, for the requirement for the issue to a person of
an approval under section 49 (Issue or refusal of approval for sports
bookmaking venue) in relation to a designated sports bookmaking
venue, means 1 or more documents that satisfy the commission about
the person’s ability to cover the person’s race bookmaking losses at
the venue to the amount applying to the person under a determination
under section 90 in relation to the venue.
Miscellaneous Part 11
Section 93
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93 Meaning of nominated person
For this Act, the nominated person, for a race bookmaker’s agent
licence or a sports bookmaker’s agent licence, is the individual
nominated in the application for the licence.
94 Self-incrimination etc
(1) A person is not excused from providing information or producing a
document when required to do so under this Act on the ground that
the information or document may tend to incriminate the person.
(2) However—
(a) the information or production of the document; or
(b) any other information, document or thing obtained as a direct or
indirect consequence of providing the information or producing
the document;
is not admissible in evidence against the person in a criminal
proceeding.
(3) Subsection (2) does not apply to a proceeding for any offence in
relation to the false or misleading nature of the information or
document.
Note 1 A reference to an offence against a Territory law includes a reference to
a related ancillary offence, eg attempt (see Legislation Act, s 189).
Note 2 The Legislation Act, s 171 deals with the application of client legal
privilege.
96 Commission’s power to extend time
A power of the commission to extend the time for doing something
required or permitted to be done under this Act may be exercised by
the commission before or after the time expires.
Part 11 Miscellaneous
Section 97
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97 Determination of fees
(1) The Minister may, in writing, determine fees for this Act.
(2) A determination is a disallowable instrument.
98 Regulation-making power
(1) The Executive may make regulations for this Act.
(2) The regulations may make provision for or in relation to—
(a) the information that may be supplied by telephone by a race
bookmaker engaging in race bookmaking; and
(b) the keeping of records by race bookmakers and sports
bookmakers; and
(c) matters to be stated on licences.
(3) The regulations may also prescribe offences for contraventions of the
regulations and may also prescribe maximum penalties of not more
than 10 penalty units for offences against the regulations or against
the rules for sports bookmaking.
Schedule 1 Internally reviewable decisions
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column 1
item
column 2
section
column 3
decision
column 4
entity
12 27 (1) issue sports bookmaking
licence subject to
condition
applicant for sports
bookmaking licence
13 27 (2) change sports
bookmaking licence
condition
sports bookmaker
14 30 issue sports bookmaking
licence for shorter period
than applied for
applicant for sports
bookmaking licence
15 35 (5) refuse to issue sports
bookmaker’s agent
licence
sports bookmaker
16 36 (1) issue sports bookmaker’s
agent licence subject to
condition
sports bookmaker
17 36 (2) change sports
bookmaker’s agent
licence condition
sports bookmaker
18 41 (2) not to consider
application for licence
applicant for licence
19 41 (2) not to consider
application for renewal
of licence
licensee
20 42 about costs of application applicant for licence
21 44 not to issue replacement
licence
licensee
22 45 (2) not to reissue licence licensee
23 49 (6) refuse to issue approval applicant for approval
24 49 (7) refuse authorisation approval holder
25 50 (1) issue approval subject to
condition
applicant for approval
Internally reviewable decisions Schedule 1
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column 1
item
column 2
section
column 3
decision
column 4
entity
26 50 (2) change approval
condition
approval holder
27 51 issue approval for shorter
period than applied for
applicant for approval
28 57 (3) not to accept referral out
of time
backer making referral
29 58 (3) reject referral backer making referral
30 60 (1) or
62 (1)
give direction entity to whom direction
given
31 68 (1) cancel licence entity whose licence cancelled
32 68 (8) or
69 (1)
take disciplinary action licensee
33 72 (1) or (2) not to end licence
suspension
licensee
34 91 (2) amend, or not amend,
nature or amount of
security guarantee
bookmaker whose security
guarantee affected
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions
relevant to this Act.
Note 2 In particular, the Legislation Act, dict, pt 1, defines the following
terms:
• ACAT
• contravene
• corporation
• fail
• found guilty
• gambling and racing commission
• individual
• person (see s 160)
• reviewable decision notice.
agent, for division 6.2 (Betting disputes referred to
commission)—see section 56.
application, for a licence, includes an application for renewal of
a licence.
authorised officer—see the Gambling and Racing Control
Act 1999, dictionary.
bet means any stake, pledge or wager in money between 2 people
on any event or contingency relating to—
(a) a race; or
(b) a sports bookmaking event.
bet back, in relation to a race bookmaker or sports bookmaker
(the bookmaker), means a bet by the bookmaker on 1 or more
runners in a race if the bet is made with the objective of offsetting
completely or partly the bookmaker’s liability for bets made with
the bookmaker on the runner, or runners, in the race.
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betting dispute, for division 6.2 (Betting disputes referred to
commission)—see section 56.
bookmaker, for division 6.2 (Betting disputes referred to
commission)—see section 56.
chief executive officer means the chief executive officer of the
gambling and racing commission.
code of practice means a code of practice prescribed under the
regulations under the Gambling and Racing Control Act 1999.
commission means the gambling and racing commission.
corporation includes an entity that is, in relation to the
corporation, a related body corporate (as defined in the
Corporations Act, section 9).
corresponding law means a State law regulating bookmaking or
any similar activity.
designated sports bookmaking venue means a sports
bookmaking venue designated by the commission under
section 47 (Designation of sports bookmaking venues etc).
gaming law means a law mentioned in the Gambling and Racing
Control Act 1999, section 4.
influential shareholder, of a corporation, means a person who—
(a) solely or with others, owns or has a beneficial interest in 5%
or more of—
(i) the voting shares in the corporation; or
(ii) if the corporation has more than 1 class of shares—the
voting shares in at least 1 of the classes; or
Dictionary
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(b) can control or influence the way voting rights are exercised
in relation to 5% or more of—
(i) the voting shares in the corporation; or
(ii) if the corporation has more than 1 class of shares—the
voting shares in at least 1 of the classes; or
(c) solely or with others, owns or has a beneficial interest in
voting shares (the owned shares) in the corporation and can
control or influence the way voting rights are exercised in
relation to other voting shares (the non-owned shares) in
the corporation, if—
(i) the total of the owned shares and the non-owned shares
is 5% or more of the voting shares in the corporation;
or
(ii) the total of the owned shares and the non-owned shares
in a particular class of shares is 5% or more of the
voting shares in the class.
internally reviewable decision, for part 10 (Notification and
review of decisions)—see section 82.
internal reviewer, for part 10 (Notification and review of
decisions)—see section 83.
internal review notice, for part 10 (Notification and review of
decisions)—see the ACT Civil and Administrative Tribunal
Act 2008, section 67B (1).
licence means any of the following licences:
(a) a race bookmaking licence;
(b) a race bookmaker’s agent licence;
(c) a sports bookmaking licence;
(d) a sports bookmaker’s agent licence.
Dictionary
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nominated person—see section 93 (Meaning of nominated
person).
operative day, for a change of the conditions of a licence, means
the day after—
(a) if written notice of the change is delivered to the licensee or
to the last-known address of the licensee—the day when the
notice is delivered; or
(b) if written notice of the change is posted to the licensee at the
last-known address of the licensee—the day when the notice
would be delivered in the ordinary course of post.
proprietary company—see the Corporations Act, section 9.
race means—
(a) any of the following, whether conducted within or outside
the ACT:
(i) a thoroughbred race;
(ii) a harness race; or
(b) a greyhound race conducted outside the ACT; or
(c) a race of a kind prescribed by regulation.
race bookmaker means a person who holds a race bookmaking
licence.
race bookmaker’s agent means a person who holds a race
bookmaker’s agent licence.
race bookmaking—
(a) means the carrying on (whether regularly or on 1 or more
occasions) of the business of receiving or negotiating bets
on races; but
(b) does not include conducting a totalisator.
Dictionary
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race meeting means a meeting held to conduct races (even if
other events are also held at the meeting).
racing club means a corporation that promotes or controls horse
racing or dog racing, or that holds race meetings.
register means the register kept under section 89 (Commission to
keep register).
reviewable decision, for part 10 (Notification and review of
decisions)—see section 82.
rules for sports bookmaking means the rules determined under
section 23 (Rules for sports bookmaking).
security guarantee—
(a) for a person who applies for, or holds, a race bookmaking
licence—see section 4B; or
(b) for a corporation that applies for, or holds, a sports
bookmaking licence—see section 92 (3); or
(c) for a person who applies for an approval in relation to a
designated sports bookmaking venue under section 49
(Issue or refusal of approval for sports bookmaking
venue)—see section 92 (4).
sports bet means a bet on, or in relation to, a sports bookmaking
event.
sports bookmaker means a corporation that holds a sports
bookmaking licence.
sports bookmaker’s agent means a person who holds a sports
bookmaker’s agent licence.
Dictionary
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sports bookmaking—
(a) means the carrying on (whether regularly or on 1 or more
occasions) of the business of receiving or negotiating sports
bets; but
(b) does not include conducting a totalisator.
sports bookmaking event means a sporting or other event
determined under section 20 (Determination of sports
bookmaking events) to be a sports bookmaking event for this Act.
sports bookmaking venue means a place determined by the
commission under section 21 (Determination of sports
bookmaking venues).
suitability requirements—see section 92 (Meaning of suitability
requirements and security guarantee).
voting share, for the definition of influential shareholder—see
the Corporations Act, section 9.
Endnotes
1 About the endnotes
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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 are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
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
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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3 Legislation history
Race and Sports Bookmaking Act 2001 A2001-49
notified 12 July 2001 (Gaz 2001 No 28)
s 1, s 2 commenced 12 July 2001 (IA s 10B)
remainder commenced 7 September 2001 (s 2 and Gaz 2001 No S68)
as modified by
Race and Sports Bookmaking Regulations 2001 No 31
notified 7 September 2001 (Gaz 2001 No S68)
commenced 7 September 2001 (reg 2)
as amended by
Legislation Amendment Act 2002 A2002-11 pt 2.41
notified LR 27 May 2002
s 1, s 2 commenced 27 May 2002 (LA s 75)
pt 2.41 commenced 28 May 2002 (s 2 (1))
Statute Law Amendment Act 2002 A2002-30 pt 3.58
notified LR 16 September 2002
s 1, s 2 taken to have commenced 19 May 1997 (LA s 75 (2))
pt 3.58 commenced 17 September 2002 (s 2 (1))
Criminal Code 2002 No 51 pt 1.16
notified LR 20 December 2002
s 1, s 2 commenced 20 December 2002 (LA s 75 (1))
pt 1.16 commenced 1 January 2003 (s 2 (1))
Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.20
notified LR 5 December 2003
s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
sch 3 pt 3.20 commenced 19 December 2003 (s 2)
Statute Law Amendment Act 2008 A2008-28 sch 3 pt 3.46
notified LR 12 August 2008
s 1, s 2 commenced 12 August 2008 (LA s 75 (1))
sch 3 pt 3.46 commenced 26 August 2008 (s 2)
Endnotes
3 Legislation history
page 94 Race and Sports Bookmaking Act 2001
Effective: 26/12/25
R20
26/12/25
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
ACT Civil and Administrative Tribunal Legislation Amendment
Act 2008 (No 2) A2008-37 sch 1 pt 1.85
notified LR 4 September 2008
s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
sch 1 pt 1.85 commenced 2 February 2009 (s 2 (1) and see ACT Civil
and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)
Unlawful Gambling Act 2009 A2009-39 sch 2 pt 2.6
notified LR 17 November 2009
s 1, s 2 commenced 17 November 2009 (LA s 75 (1))
sch 2 pt 2.6 commenced 22 March 2010 (s 2 and CN2010-2)
Administrative (One ACT Public Service Miscellaneous Amendments)
Act 2011 A2011-22 sch 1 pt 1.128
notified LR 30 June 2011
s 1, s 2 commenced 30 June 2011 (LA s 75 (1))
sch 1 pt 1.128 commenced 1 July 2011 (s 2 (1))
Race and Sports Bookmaking (Validation of Licences) Amendment
Act 2011 A2011-53
notified LR 12 December 2011
s 1, s 2 commenced 12 December 2011 (LA s 75 (1))
remainder commenced 13 December 2011 (s 2)
Totalisator Act 2014 A2014-4 sch 2 pt 2.3
notified LR 26 March 2014
s 1, s 2 commenced 26 March 2014 (LA s 75 (1))
sch 2 pt 2.3 commenced 27 March 2014 (s 2)
Red Tape Reduction Legislation Amendment Act 2014 A2014-47 pt 11
notified LR 6 November 2014
s 1, s 2 commenced 6 November 2014 (LA s 75 (1))
pt 11 commenced 7 November 2014 (s 2)
Justice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.6
notified LR 29 February 2016
s 1, s 2 commenced 29 February 2016 (LA s 75 (1))
sch 1 pt 1.6 commenced 29 August 2016 (s 2 and LA s 79)
Endnotes
Legislation history 3
R20
26/12/25
Race and Sports Bookmaking Act 2001
Effective: 26/12/25
page 95
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Gaming and Racing (Red Tape Reduction) Legislation Amendment
Act 2016 A2016-45 pt 4
notified LR 19 August 2016
s 1, s 2 commenced 19 August 2016 (LA s 75 (1
This is an opening excerpt, not the complete document.