What it does
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:
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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).
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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).
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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).