Race and Sports Bookmaking Act 2001

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).

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).

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.

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.

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.

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.

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.

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.

1. 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.

2. 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)).

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

8. 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).

9. 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.

10. 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.

11. 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.

12. 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.

13. 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.

This section sets out pragmatically what an applicant, bookmaker or agent must do to comply with the Act, with explicit statutory references.

1. 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)).

2. 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).

3. 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.

4. 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).

5. 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)).

6. 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).

7. 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.