Racing and Wagering Act 2024

1 Short title This Act may be cited as the Racing and Wagering Act 2024.

2 Commencement (1) Subject to subsection (2), this Act commences on the day fixed by the Administrator by Gazette notice. (2) If a provision of this Act does not commence before

12 February 2026, it commences on that day.

3 Purposes The purposes of this Act are as follows: (a) to promote probity, integrity and fairness in the racing and wagering industries and among its participants; (b) to establish a fair and efficient system of governance over the racing and wagering industries that: (i) protects the public interest; and (ii) limits opportunities for crime and dishonesty; and (iii) promotes the efficient development of those industries; and (iv) requires the payment of taxes and levies; (c) to protect the welfare of animals in the racing industry;

Racing and Wagering Act 2024 2 (d) to protect the public from adverse impacts of unsafe wagering, through consumer protection and harm minimisation measures; (e) to provide a fair and efficient mechanism for the resolution of complaints arising from racing or wagering.

4 Definitions In this Act: appeal means an appeal under Part 3, Division 7. appeals committee means the committee established by a race control body under section 88(1). approved form means a form approved under section 43. associate, see section 6. betting exchange means a business that enables customers, through the business, to: (a) make or receive wagers with other persons; or (b) make wagers that may be matched with opposing wagers from other persons; or (c) transmit wagers to other persons for matching with opposing wagers. betting exchange licence, see section 121. betting exchange licensee means a person who holds a betting exchange licence. Chair means: (a) in relation to the Commission – the Chair appointed under section 18(1); and (b) in relation to the Tribunal – the Chair appointed under section 95(1). child means a person under 18 years of age. Commission means the Northern Territory Racing and Wagering Commission established by section 14(1). committee, of a race club, means the governing body of the club.

Racing and Wagering Act 2024 3 complaint means a complaint made under section 220. contempt, see section 5. control body, in relation to the approval to use sports information, means: (a) for a race in the Territory – the race control body; and (b) for a sporting event in the Territory – the body or entity authorised by the Commission under section 170(5) for the event; and (c) for a race or sporting event in another Territory or a State – the body or entity governing the race or event. decision notice, for a decision or action, means a written notice setting out: (a) the decision or action and the reasons for it; and (b) any right the person to whom the notice is to be given has under this Act to apply for a review of, or to appeal, the decision or action. Director means the Director of Racing and Wagering appointed under section 29. disciplinary action, see section 228. fit and proper person, see section 7. foreign ADI means a foreign authorised deposit-taking institution as defined in section 5(1) of the Banking Act 1959 (Cth). greyhound racing means the racing of greyhounds and a meeting for the purpose of conducting a greyhound race. greyhound racing club means a body corporate that conducts greyhound racing. harness racing means harness racing, pacing and a meeting for the purpose of conducting harness racing races. harness racing club means a body corporate that conducts harness racing. inspector means an inspector appointed under section 32(1). key person licence, see section 123.

Racing and Wagering Act 2024 4 lawful wager means a wager presumed to be lawful under section 160. licence means a licence issued under this Act. licensee means a person who holds a licence issued under this Act. on-course bookmaker licence, see section 119. on-course bookmaker licensee means a person who holds an on-course bookmaker licence. place includes the following: (a) land; (b) a building, structure or erection of any kind, whether wholly or partly constructed or erected or in the course of construction or erection; (c) a room in a building, structure or erection referred to in paragraph (b); (d) a road, street, thoroughfare, alley or right of way; (e) a racecourse, athletic ground or other ground; (f) a vehicle, vessel or aircraft; (g) a tent, caravan, trailer or other conveyance. property includes real and personal property, whether situated in the Territory or elsewhere, and any right, estate or interest in real and personal property, including a debt and thing in action. public place means the following: (a) any place to which free access is permitted to the public, with the express or tacit consent of the owner or occupier; (b) any place to which the public are admitted on payment of money only; (c) any road, street, footway, court, alley or thoroughfare which the public are allowed to use, whether or not it is on private property; (d) any place regularly used by a race club; (e) any premises licensed under the Liquor Act 2019.

Racing and Wagering Act 2024 5 race, see section 8. race club means the following: (a) a thoroughbred racing club; (b) a harness racing club; (c) a greyhound racing club. race control body means a race control body appointed under section 46. racecourse means a place for the holding of race meetings or trials. race meeting means a meeting for the purpose of: (a) thoroughbred racing, harness racing or greyhound racing; or (b) wagering on thoroughbred racing, harness racing or greyhound racing. racing means thoroughbred racing, harness racing or greyhound Racing and Wagering Fund means the fund established by section 150(1). racing rules means the following rules established or adopted under section 51: (a) the Rules of Thoroughbred Racing; (b) the Rules of Harness Racing; (c) the Rules of Greyhound Racing. Rules of Greyhound Racing means the rules applicable to greyhound racing established or adopted under section 51. Rules of Harness Racing means the rules applicable to harness racing established or adopted under section 51. Rules of Thoroughbred Racing means the rules applicable to thoroughbred racing established or adopted under section 51. Secretary of the Tribunal means the person appointed by the Director under section 98(1).

Racing and Wagering Act 2024 6 sporting event means an event, whether of a sporting nature or not, declared to be a sporting event under section 167(1). sports bookmaker licence, see section 122. sports bookmaker licensee means a person who holds a sports bookmaker licence. sports information, see section 169. terms and conditions of wagering means the terms and conditions required under section 180. thoroughbred racing means the racing of thoroughbred horses and a meeting for the purpose of conducting the racing of thoroughbred horses. thoroughbred racing club means a body corporate that conducts thoroughbred racing. trial means an event held for the purpose of testing or training horses or greyhounds for which no prize money, trophy or other reward, gratuity or privilege of more than a nominal value is offered. Tribunal means the Northern Territory Racing Appeals Tribunal established by section 90(1). unlawful wager means a wager that is unlawful under section 199. valuable thing includes a benefit or a promise, oral or in writing, conditional or absolute, to pay or give a valuable thing. wagering, see section 9. wagering control system, see section 163. wagering licensee means any of the following: (a) an on-course bookmaker licensee, betting exchange licensee or sports bookmaker licensee; (b) an agent of a person mentioned in paragraph (a). Note for section 4 The Interpretation Act 1978 contains definitions and other provisions that may be relevant to this Act.

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5 Conduct constituting contempt For this Act, the following conduct constitutes contempt of the Commission, the Tribunal or a panel of the Tribunal: (a) refusal, by a witness, when required by it at a hearing: (i) to attend the hearing; or (ii) to take an oath or affirmation; or (iii) to answer a question; or (iv) to produce a document or other thing; (b) contravening an undertaking given to it; (c) insulting, threatening, intimidating or obstructing: (i) the Commission, the Tribunal or a panel of the Tribunal; or (ii) one of the members of the Commission or Tribunal or the Secretary of the Tribunal, in relation to the performance of their functions or the exercise of their powers under this Act; (d) interrupting, obstructing or hindering its proceeding; (e) creating, or taking part in creating, a disturbance at or near the place where it is sitting; (f) engaging in any other conduct that, under a law of the Territory, would constitute contempt in the face of a court if it were a court of record.

6 Meaning of associate (1) For this Act, a person is taken to be an associate of another person in the following circumstances: (a) if the other person is a body corporate: (i) the person holds or will hold a financial interest in the business of the other person that allows the person to exercise a significant influence over the business of the other person; or (ii) the person is or will be entitled to exercise a power (whether in right of the person or on behalf of any other person) in the management or operation of the business

Racing and Wagering Act 2024 8 of the other person that allows the person to exercise a significant influence over the business of the other person; (b) if the other person is an individual – the person is a relative of the other person; (c) in any case – the person holds or will hold a significant position in the business of the other person. (2) For this section, the Commission may determine whether an influence or a position is significant in the circumstances. financial interest, in relation to a business, means: (a) any share in the capital of the business; or (b) any entitlement to receive income derived from the business; or (c) any entitlement to receive any money or valuable thing as a result of money advanced to the business. power, in relation to a business, means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others to: (a) participate in any directorial, managerial, or executive decision of the business; or (b) elect or appoint any person to a significant position in the relative, in relation to an individual, means: (a) the spouse or de facto partner of the person; or (b) a parent, child, or sibling of the person; or (c) a parent, child, or sibling of the spouse or de facto partner of the person. significant position, in relation to a business, means: (a) a director or executive officer of a business; or (b) a managerial position or managerial function in the business, if that position or function has a significant influence over the business; or

Racing and Wagering Act 2024 9 (c) any position or function determined by the Commission to be of significant influence over the business.

7 Meaning of fit and proper person (1) A person is not a fit and proper person if the person, within the previous 10 years, was found guilty of an offence against any of the (a) this Act; (b) the Gaming Control Act 1993; (c) the Gaming Machine Act 1995; (d) the Racing and Betting Act 1983 (repealed); (e) the Totalisator Licensing and Regulation Act 2000; (f) the Unlawful Betting Act 1989 (repealed); (g) a law of another jurisdiction prescribed by regulation. (2) In determining whether or not a person is a fit and proper person under this Act, the Minister, the Commission and the Director: (a) must have regard to subsection (1) and any other matters prescribed by regulation; and (b) may consider any other information they consider relevant. (3) Despite being found guilty of an offence against any of the laws specified in subsection (1), a person may be determined by the Minister, the Commission or the Director to be a fit and proper person under this Act, if the Minister, the Commission or the Director considers the circumstances relating to the matter justify it.

8 Meaning of race (1) A race is a contest, event or contingency in which 2 or more horses, horses in harness or greyhounds are drawn to compete, one against the other or others, in a test of speed over a designated distance or period or for the purpose of providing a contingency on which wagers may be made. (2) A race does not include: (a) a trial; or (b) a contest, event or contingency in which skills other than speed alone are tested.

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9 Meaning of wagering For this Act, wagering includes the following conduct: (a) making a wager; (b) receiving or accepting a wager; (c) negotiating, offering or agreeing to a wager; (d) paying or settling a wager.

10 Totalisator Licensing and Regulation Act 2000 This Act does not apply in relation to: (a) a totalisator licence or a person operating under a totalisator licence under the Totalisator Licensing and Regulation Act 2000; or (b) wagering under the Totalisator Licensing and Regulation Act 2000.

11 Application of Criminal Code Part IIAA of the Criminal Code applies to an offence against this Act. Note for section 11 Part IIAA of the Criminal Code states the general principles of criminal responsibility, establishes general defences, and deals with burden of proof. It also defines, or elaborates on, certain concepts commonly used in the creation of offences. 12 Ministerial direction (1) The Minister may direct the Director and the Commission in the exercise of their powers and the performance of their functions. (2) The Director and the Commission must comply with any direction given by the Minister.

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13 Codes of practice (1) The Minister may approve codes of practice, prepared by the Director, to regulate licensees in relation to any matter governed by (2) A code of practice may: (a) consist of a code, standard, rule, specification or provision, prepared or adopted by the Director and not inconsistent with this Act, in relation to any matter governed by this Act; and (b) apply, incorporate or refer to a document formulated or published by a body or authority in effect at the time. (3) Before preparing a code of practice, or any variation or revocation of a code of practice, the Director must consult with the following: (a) the Commission; (b) the licensees affected by the code of practice; (c) any other persons the Director considers relevant. (4) The Director must publish: (a) a code of practice approved under this section; and (b) a copy or means of obtaining a free copy of any document incorporated or referred to in the code of practice. Example for subsection (4)(b) The Director could publish a link to a document published on the website of another regulatory body. (5) A licensee is not subject to a code of practice until the later of the (a) 14 days after the day the code is published; (b) a later day specified in the code.

14 Northern Territory Racing and Wagering Commission (1) The Northern Territory Racing and Wagering Commission is established.

Racing and Wagering Act 2024 12 (2) The Commission: (a) is a body corporate with perpetual succession; and (b) is capable of suing and being sued in its corporate name; and (c) has a common seal. (3) All courts, judges and persons acting judicially must take judicial notice of the common seal of the Commission affixed to a document and must presume that it was duly affixed.

15 Functions of Commission The Commission has the following functions: (a) to control, supervise and regulate the racing industry; (b) to control, supervise and regulate the wagering industry; (c) to monitor compliance with this Act and take disciplinary action and other measures to enforce this Act, including requesting the prosecution of persons for offences against this Act; (d) to carry out any other functions conferred on it under this Act or any other law of the Territory.

16 Powers of Commission The Commission has the following powers: (a) to cause the Director to investigate or research matters relating to the administration or operation of this Act, the racing and wagering industries or the conduct of licensees; (b) to determine applications under this Act and to issue licences in accordance with this Act; (c) to determine positions or functions that require a key person (d) to give directions to control bodies in the Territory and to licensees; (e) to make guidelines for the effective regulation of the racing and wagering industries; (f) to issue rules for novelty wagers, declare sporting events and prohibit contingencies in relation to a sporting event;

Racing and Wagering Act 2024 13 (g) to enter into agreements, memorandums of understanding and other arrangements with national and international regulators and authorities in the racing and wagering industries; (h) to determine complaints and take disciplinary action under this Act; (i) to hold hearings and establish procedures and rules for those hearings; (j) to direct licensees to implement consumer protection and harm minimisation measures related to the racing and wagering industries; (k) to provide educational and informative materials to licensees and the public regarding the operation of this Act and compliance with its provisions; (l) exercise any other power given to the Commission under this Act.

17 Delegation (1) The Commission may delegate its powers and functions in relation to matters prescribed by regulation. (2) The Commission's powers and functions may be delegated to: (a) the Director; or (b) a public sector employee with appropriate qualifications or experience for the delegation. (3) To avoid doubt: (a) the Commission cannot review or change a decision made by the Commission's delegate; and

18 Composition of Commission (1) The Commission consists of 6 members, including a Chair and Deputy Chair, appointed by the Minister by Gazette notice. (2) A person must be eligible under section 19 to be appointed and hold office as a member.

Racing and Wagering Act 2024 14 (3) The exercise of the powers or the performance of the functions of the Commission is not affected by reason only of a vacancy in the office of a member.

19 Eligibility to hold office (1) For a person to be eligible to be appointed and hold office as a member of the Commission, the Minister must be satisfied that: (a) the person has: (i) demonstrable knowledge or experience of the thoroughbred, harness or greyhound racing industries, the online wagering industry or the broader online gambling industry; or (ii) other knowledge or experience that enables the person, as a member, to assist the Commission in its functions; and (b) the person is a fit and proper person; and (c) the person resides in the Territory, unless the Minister grants an exception. Note for subsection (1)(a) The knowledge or experience need not be limited to Australia. (2) In addition to the criteria in subsection (1), the Chair, Deputy Chair and at least one other member must be a legal practitioner who has been admitted to the legal profession for at least 5 years. (3) A person is not eligible to be appointed and hold office as a member of the Commission if the person: (a) at any time within the previous 2 years: (i) was an employee of a race club; or (ii) had an interest, either directly or indirectly, in a business licensed under this Act or the Racing and Betting Act 1983 (repealed); or (iii) was a beneficiary of a business licensed under this Act or the Racing and Betting Act 1983 (repealed); or (iv) had management or control of an office or agency established under an agency agreement with the licensee of a totalisator licence issued under the Totalisator Licensing and Regulation Act 2000; or

Racing and Wagering Act 2024 15 (b) at any time within the previous 2 years, whether or not professionally, licensed or registered: (i) was a rider in thoroughbred racing or a driver in harness racing; or (ii) owned, trained or was otherwise directly involved, in greyhound racing; or (c) at any time within the previous 3 years: (i) became bankrupt; or (ii) applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or (iii) compounded with creditors or makes an assignment of the person's remuneration for their benefit. (4) The Minister may undertake any investigation the Minister appointed and hold office as a member of the Commission. (5) A member of the Commission must notify the Minister in writing if the member is no longer eligible to hold office. (6) Despite subsection (1)(a), the Minister may waive ineligibility under that subsection for a person if satisfied that: (a) the person has other experience that would benefit the Commission; and (b) the person will not hold the position of Chair or Deputy Chair of the Commission.

20 Validity of decisions A decision of the Commission is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of a member of the Commission.

21 Term of office (1) The term of office of a member of the Commission is the period, not exceeding 3 years, specified by the Minister in the appointment. (2) A member is eligible for reappointment.

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22 Leave of absence (1) A member of the Commission may, with the approval of the Chair, take a leave of absence not exceeding 3 months. (2) The Minister may grant a member leave of absence of 3 months or more. (3) While on leave, a member must not exercise any powers or perform any functions as a member but the leave does not affect the member's term of office.

23 Vacancy in office (1) The office of a member of the Commission becomes vacant if: (a) the member resigns by written notice given to the Minister; or (b) the person is found guilty of an indictable offence, whether in the Territory or elsewhere; or (c) the person becomes ineligible for appointment under section 19; or (d) the Minister revokes the member's appointment. (2) The Minister must revoke the appointment of a member of the Commission if: (a) the member is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Commission or more; or (b) the member contravenes section 28; or (c) the Minister is satisfied that the member is guilty of misbehaviour; or (d) the member is physically or mentally incapable of satisfactorily performing the functions of the office.

24 Duties of Chair and Deputy Chair (1) The Chair of the Commission must administer the affairs of the Commission, in accordance with the decisions and directions of the (2) The Chair has the power to do all things that are necessary or convenient to be done for, or incidental to, the administration of the affairs of the Commission and the performance of the Chair's functions.

Racing and Wagering Act 2024 17 (3) The Deputy Chair acts as Chair when: (a) there is a vacancy in the office of the Chair; or (b) the Chair is unable to exercise the powers or perform the functions of the Chair.

25 Meetings of Commission (1) The Commission must meet as often as is necessary for the exercise of its powers and the performance of its functions. (2) The Chair presides at meetings of the Commission. (3) If the Chair and Deputy Chair are absent from a meeting: (a) a member chosen by the other members present is to preside; and (b) no determination relating to a complaint or disciplinary action may be made in their absence unless one of the members present is a legal practitioner. (4) At a meeting of the Commission: (a) a quorum is at least 3 members; and (b) a matter is decided by a majority of the votes of the members present and voting; and (c) each member present has a vote on each matter to be decided and, if the votes are equal, the member presiding has an additional vote in the form of a casting vote. (5) Subject to this Act, the Commission may conduct its meetings and proceedings as it considers appropriate. (6) A resolution may be made by the Commission without a meeting if: (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given under procedures approved by the Commission.

26 Records The Commission must keep records of its proceedings.

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27 Annual report (1) The Commission must prepare and give to the Minister an annual report on the Commission's operations during the financial year. (2) The report must be given within 3 months after the end of each financial year. (3) The report must include: (a) a summary of the work of the Commission; and (b) a report on its operations as a race control body; and (c) the financial statements of the Racing and Wagering Fund. (4) The Minister must table a copy of the report in the Legislative Assembly within 6 sitting days after the Minister receives the report.

28 Conflict of interests (1) A member of the Commission must disclose any personal interest in any matter being considered, or about to be considered, by the (2) The disclosure must: (a) be made as soon as possible after the member becomes aware of the relevance of the personal interest in the matter and before the matter is considered by the Commission; and (b) explain the nature and extent of the personal interest and how it relates to the matter; and (c) be recorded in the minutes of the Commission. (3) A member with a personal interest in a matter must not: (a) be present when the Commission considers the matter; or (b) take part in a decision of the Commission on the matter. (4) For this section, a member has a personal interest in a matter if: (a) the member has a direct or indirect financial interest in the matter; or (b) the member has a personal, professional, commercial or other relationship with a person or entity and the nature of the relationship is likely to, or may reasonably be regarded as likely to, inhibit or prevent the member from exercising

Racing and Wagering Act 2024 19 independent judgment about the matter; or (c) there is a reasonable possibility that the member's participation in the consideration of a matter will give a person or entity associated with the member a commercial advantage.

29 Appointment of Director The Minister must, by Gazette notice, appoint a public sector employee to be the Director of Racing and Wagering.

30 Powers and functions of Director (1) The Director has the following functions: (a) to investigate applicants and assess their applications for licences for determination by the Commission; (b) to appoint and supervise inspectors and the performance of their functions; (c) to appoint the Secretary to the Tribunal; (d) to conduct investigations into complaints or other matters under this Act for determination by the Commission; (e) to monitor compliance with this Act and prosecute persons for offences against this Act on behalf of the Commission; (f) any other functions conferred on the Director under this or any (2) The Director has the powers necessary to perform the Director's functions. (3) The Director has the same powers as an inspector.

31 Delegation (1) The Director may delegate any of the Director's powers and functions under this Act to a public sector employee with the qualifications or experience appropriate to exercise the power or perform the function.

Racing and Wagering Act 2024 20 (2) To avoid doubt: (a) the Director cannot review or change a decision made by the Director's delegate; and

32 Appointment of inspectors (1) The Director may, in writing, appoint a person to be an inspector for this Act, with or without conditions or limitations. (2) For a person to be eligible for appointment as an inspector, the Director must be satisfied that: (a) the person has demonstrable skills or experience to enable the person to exercise the powers and perform the functions of an inspector under this Act; and (b) the person is a fit and proper person. (3) The Director may undertake any investigation the Director appointed as an inspector. (4) An inspector must perform the duties required by this Act and any other duties assigned by the Director, subject to any conditions or limitations in the inspector's appointment imposed by the Director. (5) A person located outside the Territory may be appointed as an inspector to exercise powers and perform functions under this Act outside the Territory when necessary or convenient. (6) An appointment under subsection (5) is valid for 6 months and may be renewed.

33 Powers and functions of inspectors (1) An inspector has the following functions: (a) monitoring compliance with this Act; (b) any other functions conferred on an inspector under this or any other Act. (2) An inspector has the following powers: (a) to conduct inspections;

Racing and Wagering Act 2024 21 (b) to conduct investigations on behalf of the Director for the Commission; (c) any other powers granted to an inspector under this or any

34 Accountability of inspectors (1) An inspector must give written notice to the Director of all interests, pecuniary or otherwise, that the inspector has, or acquires, that conflict or could conflict with the proper performance of the inspector's functions. (2) The Director must direct an inspector not to deal, or to no longer deal, with a matter if the Director becomes aware that the inspector has a potential conflict of interest in relation to a matter and the Director considers that the inspector should not deal, or should no longer deal, with the matter.

35 Prohibition on inspectors (1) An inspector commits an offence if the inspector participates in a race or wagers with a licensee when prohibited from participating by any condition or limitation in the inspector's appointment. subsection (1) if the inspector is acting under section 264.

36 Identity card (1) The Director must give an inspector an identity card stating the person's name and that the person is an inspector. (2) The identity card must: (a) display a recent photograph of the inspector; and (b) state the card's date of issue and expiry (if any); and (c) state a unique identity number; and (d) be signed by the inspector.

Racing and Wagering Act 2024 22 (3) This section does not prevent the issue of a single identity card to a person for this and another Act.

37 Loss of identity card (1) An inspector who loses an identity card must, in writing, report the loss to the Director. (2) The Director may issue an inspector a replacement for a lost identity card if satisfied that the inspector took reasonable steps to recover the lost card. This could be done on the basis of the inspector's statutory declaration.

38 Return of identity card (a) ceases to be an inspector; and (b) fails to return the person's identity card to the Director within 21 days after the cessation.

39 Use of identity card (1) An inspector must carry the inspector's identity card when exercising a power under this Act. (2) An inspector must, on request, produce the inspector's identity card before exercising a power under this Act.

40 Cooling off period For a period of 6 months after the day a person's appointment as the Director or an inspector ends: (a) the person must not work for a licensee; and (b) a licensee must not obtain work from the person.

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41 Giving or serving documents (1) A document, notice, direction or request may be given, delivered, served or lodged under this Act: (a) by serving it on the recipient as authorised by section 25 of the Interpretation Act 1978; or (b) by sending it to the recipient's email address as an attachment to an email. (2) Subject to evidence to the contrary, a document, notice, direction or request sent as mentioned in subsection (1)(b) is taken to be given to the recipient when it is sent to the recipient's email address. Note for section 41 See section 25(2) to (4) of the Interpretation Act 1978 for when notices, directions or requests served as mentioned in subsection (1)(a) are taken to be served.

42 Guidelines (1) The Commission may make guidelines in relation to the operation and administration of this Act. (2) Without limiting subsection (1), the guidelines may relate to any of the following matters: (a) applications for registration for race clubs; (b) applications for licences; (c) the obligations of race clubs and licensees and their agents and employees under this Act; (d) compliance with and enforcement of this Act; (e) complaints and disciplinary actions under this Act. (3) The Commission must ensure that any guideline made under this section is published.

43 Approve forms The Director may approve forms for this Act.

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44 Extending or abridging time (1) The Director or the Commission may, if reasonable to do so, extend or abridge a time limit specified under this Act for a procedure, power or function related to them respectively. (2) The Director or the Commission may extend a time limit after it has expired. (3) Failure by the Director or the Commission to meet a deadline under this Act does not for that reason alone invalidate the action, matter or proceeding being conducted.

45 Publication Any notice, document or other information that must be published by the Director or the Commission under this Act must be published in a timely manner.

46 Race control body (1) The Minister may, by Gazette notice: (a) appoint a body corporate to be the race control body for one or more of the following: (i) thoroughbred racing; (ii) harness racing; (iii) greyhound racing; and (b) specify the race clubs over which it exercises control. (2) The Minister may appoint the Commission as the race control body for thoroughbred racing if: (a) there is no suitable body corporate for this purpose; or (b) the appointment of a body corporate as the race control body should be revoked for non-compliance with this Act. (3) Subject to subsection (1)(a), the Commission is the race control body for harness racing and greyhound racing.

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47 Functions of race control body The functions of a race control body are: (a) to control, supervise, regulate and develop the racing industry within its jurisdiction; and (b) to hear appeals under Division 7; and (c) to carry out any other functions conferred on it under this Act.

48 Powers of race control body (1) Subject to this Act, a race control body has the power to do anything necessary to perform its functions under this Act. (2) Without limiting subsection (1), a race control body may do the (a) establish and implement policies conducive to the development and welfare of the racing industry and the protection of the public interest; (b) allocate to race clubs the dates and times when they may hold race meetings; (c) investigate and report on proposals for the construction of new racecourses or for the alteration or renovation of existing racecourses; (d) make recommendations to the Commission about the licensing of racecourses and racecourses generally; (e) supervise the activities of persons engaged in or associated with the racing for which the race control body is responsible; (f) impose penalties and sanctions under the racing rules applicable to the racing for which the race control body is responsible; (g) register race clubs and register or licence persons and animals participating in the racing for which the race control body is responsible; (h) impose fees for registration of a race club or the registration or licensing of persons or animals in its locality; (i) impose fees for services;

Racing and Wagering Act 2024 26 (j) consult, join, affiliate and maintain association with other race clubs or bodies, whether in the Territory or elsewhere, concerned with the breeding and use of animals for racing; (k) enter into contracts; (l) acquire, hold, take on lease and dispose of real and personal property whether in its own right or as trustee; (m) employ such persons as it thinks fit for the effective performance of its functions and duties; (n) borrow money; (o) give such directions to a race club registered by it in relation to the club's racecourse and its affairs as it thinks fit for the advancement of racing whether in the Territory as a whole or in the locality of that racecourse; (p) if the race control body thinks fit – order that an audit of the books of accounts of a race club registered by it be conducted by an auditor nominated by the race control body; (q) scrutinise the constitutions of race clubs registered by it to ensure that they conform with this Act and the racing rules; (r) publish information to inform the public about the racing industry; (s) publish reports and recommendations on any matter relating to the racing for which the race control body is responsible; (t) undertake research and investigations into the breeding and use of animals for racing.

49 Delegation by race control body (1) A race control body may, in writing, delegate to a member of the body or an official of the body any of its powers and functions under A power exercised or function performed by the delegate is taken to have been exercised or performed by the race control body. (2) To avoid doubt: (a) a race control body cannot review or change a decision made by the race control body's delegate; and

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50 Commission direction (1) The Commission may direct a race control body in the exercise of its powers and the performance of its functions. (2) The race control body must comply with any direction given by the

50A Validation of actions taken or decisions made by Thoroughbred Racing NT Incorporated (1) Any action taken or decision made or purported to have been taken or made by Thoroughbred Racing NT Incorporated (NTIA 02713) under section 47 or 48 or any other section of this Act during the period commencing on 1 July 2024 and ending immediately before it was first appointed as a race control body by the Minister under section 46 is taken to be valid and to have always been valid as if it had been taken or made by a race control body during that period. (2) To avoid doubt, any action taken or decision made or purported to have been taken or made by any person in reliance on any action taken or decision made or purported to have been taken or made referred to in subsection (1) is taken to be valid and to have always been valid.

51 Establishment of racing rules (1) The race control body for thoroughbred racing must establish or adopt the Rules of Thoroughbred Racing that apply in relation to thoroughbred racing. (2) The race control body for harness racing must establish or adopt the Rules of Harness Racing that apply in relation to harness (3) The race control body for greyhound racing must establish or adopt the Rules of Greyhound Racing that apply in relation to greyhound (4) A race control body may apply, adopt or incorporate, with or without changes, the whole or part of a document as in force or existing at a particular time or from time to time. Examples for subsection (4) 1 The Australian Rules of Racing, published by Racing Australia. 2 The Greyhound Australasia Rules, published by Greyhounds Australasia Limited.

Racing and Wagering Act 2024 28 (5) A race control body must publish any racing rules it establishes or adopts on its website.

52 Enforcement of racing rules (1) The racing rules may provide race control bodies and race clubs with the power to impose penalties or sanctions for: (a) any contravention or attempted contravention of the racing rules for which they are responsible; and (b) any conduct that leads to a contravention or attempted contravention of those racing rules; and (c) any aiding, abetting, counselling or procuring a contravention or attempted contravention of the racing rules. (2) The penalties and sanctions under the racing rules may include the (a) disqualifying, banning or suspending a person or animal from participating in racing conditionally, for a period of time or permanently; (b) giving a reprimand or warning; (c) imposing a fine not exceeding 650 penalty units; (d) forfeiting of all or part of a fee or prize money, regardless of the amount. (3) A penalty or sanction under the racing rules may be imposed in combination with one or more other penalties or sanctions under those rules or this Act. (4) The racing rules may provide procedures in relation to: (a) the determination of liability for a penalty or sanction; and (b) the imposition of a penalty or sanction; and (c) the resolution of disputes arising under the racing rules. (5) All procedures referred to in subsection (4) must be fair to the parties involved. (6) A race control body and race club must act fairly when determining and imposing a penalty or sanction.

Racing and Wagering Act 2024 29 (7) A fine imposed under the racing rules is a debt due and payable as follows: (a) in relation to thoroughbred racing: (i) if the Commission is the race control body for thoroughbred racing – to the Territory; or (ii) in any other case – to the race control body for thoroughbred racing; (b) in relation to harness racing – to the Territory; (c) in relation to greyhound racing – to the Territory.

53 Compliance with racing rules (1) Race control bodies, race clubs and their officials and employees and other persons attending a racecourse must comply with the racing rules applicable to them. (2) The following persons must comply with the Rules of Thoroughbred Racing and the Rules of Harness Racing in relation to any conduct involving thoroughbred racing or harness racing: (a) a trainer of a horse; (b) a person employed or contracted by a trainer in connection with the training or care of a horse; (c) an owner of a horse; (d) a person authorised to nominate a horse for a race; (e) a rider or driver of a horse; (f) an agent of a rider or driver of a horse; (g) a person who provides a service connected with the keeping, training or racing of a horse; (h) any person registered or licensed by a race control body. (3) The following persons must comply with the Rules of Greyhound Racing in relation to any conduct involving greyhound racing: (a) a trainer of a greyhound; (b) a person employed or contracted by a trainer in connection with the training or care of a greyhound;

Racing and Wagering Act 2024 30 (c) an owner of a greyhound; (d) a person authorised to nominate a greyhound for a race; (e) a person who provides a service connected with the keeping, training or racing of a greyhound; (f) any person registered or licensed by a race control body.

54 Licence required for racecourse The premises used for a racecourse must be licensed under this Act.

55 Application for licence (1) A person may apply to the Commission for a licence to operate premises as a racecourse. (2) The application must be:

56 Issuing licence for racecourse (1) The Commission may issue a licence to a race club to operate premises as a racecourse if satisfied that the proposed racecourse: (a) is financially sustainable, including having appropriate public liability insurance; and (b) complies with any requirements prescribed by regulation. (2) The Commission must give the race club a decision notice as soon as practicable after making a decision on the application.

57 Registration of race clubs (1) The race control body may register a race club if satisfied that: (a) the constitution of the race club provides that the revenue of the club may only be used for the objects and purposes of the club; and

Racing and Wagering Act 2024 31 (b) the constitution of the race club prohibits the payment of dividends to the members of the club; and (c) any other criteria for registration prescribed by regulation are met. (2) The race control body must revoke the registration of a race club if satisfied that: (a) the revenue of the race club is not being used only for the objects and purposes of the club; or (b) the race club did not comply with its constitution; or (c) any other criteria for revocation prescribed by regulation are met.

58 Approval of days for race meetings (1) A race meeting may only be held on a day approved by the race control body. (2) A registered race club must apply to the race control body for approval of the days for race meetings conducted by the race club. (3) An application under subsection (2) must be lodged with the race control body before the beginning of the financial year in which the race meeting is to be held. (4) The race control body may, by written notice to the race club, approve such number of days on which race meetings may be held as it thinks fit. (5) A copy of the notice of approval must be given to the Commission. (6) A race meeting commences at 8:00 am on the day on which it is to be held and ends at midnight of that day.

59 Offence related to race meeting (1) A race club commits an offence if: (a) the race club conducts racing on a day; and (b) the day is not approved by its race control body.

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60 Postponement or abandonment of race meeting (1) A registered race club may postpone or abandon a race meeting if: (a) it is impossible or impracticable to hold the meeting or a part of the meeting because of adverse weather or an emergency; or (b) the race control body consents to the postponement or abandonment. (2) A postponement or abandonment of a race meeting must be conducted in compliance with the racing rules applicable to it. A race meeting can only be postponed to another race day approved by the race control body under section 58. (3) A postponement or abandonment may apply to all or part of a race meeting. (4) A postponement or abandonment takes effect from the time when the first public announcement of it is made on behalf of the race club. (5) If a race club postpones part of a race meeting until another day, the club may, with the approval of its race control body, stage another race or races on that day sufficient to complete what the race control body considers to be a normal race meeting for that club.

61 Continuation of wagering (1) If a race meeting starts and the race club conducting that meeting postpones or abandons the whole or part of the race meeting, the race club may allow wagering with licensees or investments in totalisators under the Totalisator Licensing and Regulation Act 2000 to continue at the race club's premises in respect of events to be decided at other racecourses. (2) The wagering and investment may be allowed to continue only during the time that wagering and investment would otherwise be permitted.

62 Reports and financial records (1) Each race control body and race club must: (a) keep proper books of account and records in relation to its operations; and

Racing and Wagering Act 2024 33 (b) prepare a statement of account and balance sheet audited by a person qualified and suitable to perform the audit acceptable to the Commission. (2) Each race control body, other than the Commission, must give the Commission an annual report on its operations as soon as practicable after the end of the financial year of the race control body. (3) The annual report must include the race control body's audited statement of account and balance sheet in accordance with applicable Australian accounting standards. (4) The Commission may, at any time, require a race control body and race club to give the Commission a report on such matters as it thinks fit. (5) A race control body that receives a request under subsection (4) must give the report within the time specified by the Commission. Note for section 62 The Commission must report on its operations as a race control body in its annual report under section 27.

63 Review by race control body (1) A race control body must, at least once in each year, review the conduct of race meetings conducted or held by each race club registered by it. (2) A race control body must cancel the remainder of the allotment of racing dates in respect of a race club if satisfied that the race meetings of the race club: (a) were not held in good faith; or (b) were not held for the purpose of racing at the racecourse or wagering on a race at another racecourse; or (c) were held contrary to this Act, the racing rules or the public interest. (3) If a race club cancels an allotment of race meetings, the race control body must not allot any further race meetings for the race club until it is satisfied that race meetings will be conducted by the race club in accordance with this Act.

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64 Duties of race club (1) A race club that holds race meetings must take reasonable steps to: (a) control, supervise, regulate and promote its race meetings; and (b) develop and implement policies for: (i) paragraph (a); and (ii) the protection of the public interest; and (iii) the welfare of animals used in the racing industry. (2) A race club must ensure that no person offers or receives wagers at its racecourse without a licence authorising that conduct. (3) A race club that holds race meetings must fix the areas where and the hours during which wagering licensees may conduct their (4) Nothing in this Act authorises a race club to impose: (a) conditions on wagering licensees other than those conditions allowed under subsection (3); or (b) a fee or charge for allowing a wagering licensee to conduct business on a racecourse under its control, unless the fee is authorised, in writing, by the Commission.

65 Agreements with licensees under Totalisator Licensing and Regulation Act 2000 (1) A race control body or a race club may enter into an agreement with a person who holds a licence under the Totalisator Licensing and Regulation Act 2000 for the purpose of operating a totalisator or conducting totalisator wagering under the person's licence. (2) If a race control body or a race club enters into an agreement under subsection (1), section 40 of the Totalisator Licensing and Regulation Act 2000 applies in relation to the agreement.

66 Charges payable to Commission (1) If the Commission is a race control body, the Commission may, by written notice, require a race club within its jurisdiction to pay to it reasonable fees to meet the expenses of services rendered by the Commission to the race club.

Racing and Wagering Act 2024 35 (2) The fees may be required from time to time and must be paid within the times specified by the Commission in the notice.

67 Certificate evidence A certificate purporting to be signed by the Chair of the Commission specifying that a specified amount is payable by a race club under section 66 is evidence of the matter specified in the certificate.

68 Dissolution if deregistered (1) A race club that is no longer registered must take all reasonable steps to dissolve itself in accordance with: (a) its constitution; and (b) this Act; and (c) any other law applicable to the dissolution. (2) If there is an inconsistency between the constitution of a race club in relation to its dissolution and this Act, this Act prevails to the extent of the inconsistency. (3) The Commission may, in writing, allow a race club to postpone its dissolution for a period not exceeding 12 months from the date on which the club ceased to be registered if satisfied that: (a) the financial records of the race club are adequate and accurate; and (b) the assets of the race club are secure. (4) The Commission may allow a race club further postponements of its dissolution for: (a) subsequent periods not exceeding 6 months at a time; or (b) an indefinite period specified by the Commission if the race club and its officers or members caused no delay in the race club's dissolution. (5) If a race club fails to complete its dissolution within the period required under this section, on the day after the period expires: (a) the race club is automatically dissolved; and (b) the assets of the race club are forfeited to the Territory.

Racing and Wagering Act 2024 36 (6) Subject to any Act of the Commonwealth, a thing forfeited to the Territory under this Act becomes the public property of the Territory and extinguishes all other interests in the thing. Notes for subsection (6) 1 The Personal Property Securities Act 2009 (Cth) protects security interests in goods. 2 The sale and disposal of public property is also governed by the Financial Management Act 1995. (7) Any amount realised from the forfeited assets of a race club must be paid as follows: (a) first for the payment of all debts and liabilities, if any, of the race club; (b) second for any reasonable expenses incurred by the race control body in relation to the dissolution of the race club; (c) any remaining balance to the Territory.

69 Notice to Commission A race control body, other than the Commission, must give written notice to the Commission if it revokes the registration of a race club as soon as practicable after the revocation.

70 Offence of failing to give notice (a) is a race control body, other than the Commission; and (b) fails to give notice in accordance with section 69.

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71 Appointment of administrator (1) A race control body may, by written notice to a race club, appoint an administrator to administer the affairs of the race club if: (a) the race control body is satisfied that the race club has contravened this Act; and (b) the appointment is approved by: (i) the Commission; or (ii) if the race control body is the Commission – the Minister. (2) The notice of appointment must specify: (a) the date of appointment; and (b) the appointee's name; and (c) the appointee's business address. (3) A race control body may make rules, not inconsistent with this Act, to define the duties, responsibilities and authority of an administrator appointed under subsection (1).

72 Effect of appointment (1) On the appointment of an administrator for a race club: (a) the members of the governing board or committee of the race club cease to hold office; and (b) the administrator may terminate a contract of employment with the race club; and (c) the administrator may terminate a contract for the provision of secretarial or administrative services for the race club; and (d) the administrator may terminate a contract for the provision of other services to the race club. (2) The administrator has the functions of the governing board or committee of the race club, including the board's or committee's powers of delegation. (3) An officer of the race club must not be appointed or elected while the administrator is in office except as provided by this Division.

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73 Revocation of appointment (1) An administrator holds office until the appointment is revoked. (2) The race control body may, by written notice, revoke the appointment of an administrator. (3) If a liquidator of a race club is appointed, the appointment of an administrator of the race club is automatically revoked. (4) As soon as practicable after the revocation of an administrator's appointment, the administrator must prepare and submit a report to the race control body showing how the administration was carried out and, for that purpose, an administrator has access to the race club's records and documents. (5) On providing the report under subsection (4) and accounting fully in relation to the administration of the race club to the satisfaction of the race control body, the administrator is released from further duty to account in relation to the administration of the race club other than on account of fraud, dishonesty, negligence or wilful failure to comply with this Act. (6) Before revoking the appointment of an administrator of a race club, the race control body must: (a) appoint another administrator; or (b) ensure that members of the governing board or committee of the race club are elected in accordance with the constitution of the race club at a meeting convened by the administrator in accordance with the constitution; or (c) appoint members to the governing board or committee of the race club. (7) Elected members of the governing board or committee or members of the governing board or committee appointed under subsection (6): (a) take office on the revocation of the administrator's appointment; and (b) in the case of members appointed under subsection (6)(c) – hold office, subject to this Act, until the next annual general meeting of the race club after the revocation of the administrator's appointment.

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74 Expenses of administration (1) The expenses of and incidental to the conduct of the affairs of a race club by an administrator are payable from the race club's funds. (2) Those expenses include: (a) if the administrator is not a public sector employee – remuneration of the administrator at a rate approved by the Commission; or (b) if the administrator is a public sector employee – the amount that the Commission certifies is to be paid to the Territory as repayment of the administrator's remuneration. (3) An amount certified under subsection (2)(b) is a debt due and payable to the Territory. (4) An administrator has, in relation to the expenses specified in subsection (1), the same priority on the winding up of a race club as the liquidator of an association under the Associations Act 2003.

75 Liabilities arising from administration (1) The administrator is liable for any loss the race club incurs because of the administrator's fraud, dishonesty, negligence or intentional failure to comply with this Act or the constitution of the race club. (2) An administrator is not liable for any loss incurred by a race club, other than under subsection (1), but must account for the loss in the report under section 73(4).

76 Additional powers of Commission (1) If the race control body appoints members of the governing board or committee of a race club under section 73(6)(c), the Commission may, by written notice to the race club: (a) declare that this section applies to the race club for the period specified in the notice; and (b) specify the terms and conditions on which all or any of the members of the governing board or committee hold office. (2) While this section applies to the race club, the Commission may do any of the following: (a) remove or appoint members of the governing board or committee;

Racing and Wagering Act 2024 40 (b) vary, revoke or substitute a term or condition specified under subsection (1)(b); (c) suspend or vary a provision of the race club's constitution. (3) The Commission may, by written notice to the race club, extend the time for which this section is to apply to the race club.

77 Charges payable to Commission (1) The Commission may, by written notice, require a race club to pay amounts to meet the expenses of services rendered by the Commission to the race club. (2) The race club must pay to the Racing and Wagering Fund any amount required to be paid within the time specified in the notice. (3) In an action brought for the recovery of money payable under subsection (2), a certificate purporting to be signed by the Chair of the Commission or other person authorised by the Commission specifying that an amount is due and payable by a race club is evidence of the matters contained in the certificate. (4) In addition to any other discipline or sanction, the Commission may suspend the registration of a race club until payment under subsection (2) is made.

78 Stay of proceedings (1) If a race control body appoints an administrator to conduct the affairs of a race club, no person may begin or continue a proceeding in a court against the race club until the administrator's appointment is revoked except with the leave of the Supreme Court and in accordance with any terms and conditions the Court may impose. (2) A person intending to apply for leave of the Court under subsection (1) must give the race control body at least 10 days' notice of that intention.

79 Administrator to report to race control body On the receipt of a request from the race control body, the administrator of a race club must, without delay, prepare and give to the race control body a report showing how the administration is being carried out.

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80 Unlicensed racecourse (a) the person intentionally uses a place as a racecourse; and (b) the place is not licensed for that purpose.

81 Failure to report (1) A race control body or race club commits an offence if it fails to give a report as required under section 62.

82 Unlawful racing (1) A person commits an offence if the person conducts a race meeting

83 Occupier allowing unlawful racing (a) is an occupier of a place; and (b) allows another person to conduct a race meeting in that place

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84 Permitting unlicensed bookmaker at racecourse A race club commits an offence if: (a) it intentionally permits a person to be present at its racecourse; and (b) the person conducts the business of wagering and the race club is reckless in relation to that conduct; and (c) the person is not licensed to engage in that conduct and the race club is reckless in relation to that circumstance.

85 Decisions with no right of appeal Despite any other provision of this Act, no appeal may be made from a decision under any racing rules that: (a) imposes a fine not exceeding the amount prescribed by regulation; or (b) concerns the eligibility of an animal to race or the conditions under which an animal can race; or (c) disqualifies or suspends an animal from racing, except where that disqualification or suspension is combined with a penalty or other sanction imposed on a person; or (d) is not appealable under the applicable racing rules.

86 Right of appeal (1) A person may appeal a decision in respect of that person or an animal owned by that person made by: (a) a steward of a race club; or (b) a race club; or (c) a race control body. (2) Subject to subsection (3), an appeal of a decision made by a steward of a race club must be made to the race control body.

Racing and Wagering Act 2024 43 (3) An appeal of a decision made by a steward of a race club must be made to the Tribunal if the decision: (a) imposes a fine greater than the amount prescribed by regulation; or (b) imposes on a person a disqualification or suspension for a period longer than 3 months; or (c) imposes on an animal a disqualification or suspension and includes a penalty or sanction on a person; or (d) warns off the person for more than 12 race meetings; or (e) imposes on the person a fine greater than the amount prescribed by regulation combined with a disqualification or suspension exceeding 1 month. (4) An appeal of a decision made by a race club or a race control body must be made to the Tribunal. (5) If 2 or more appeals arising out of the same incident or incidents are made to the Tribunal and to a race control body, the appeals must be heard by the Tribunal.

87 Manner of appeal (1) An appeal under this Division is commenced by lodging a notice of appeal and the prescribed fee with: (a) in the case of an appeal to a race control body – the secretary of the race control body; and (b) in the case of the Tribunal – the Secretary of the Tribunal. (2) A notice of appeal must be lodged not later than 7 days after the appellant receives notice of the decision.

88 Appeals committee (1) A race control body, other than the Commission, must establish an appeals committee to hear appeals made to the race control body. (2) A race control body may establish rules determining appeals under this Division including: (a) suspending application of the decision appealed against pending determination of the appeal; and

Racing and Wagering Act 2024 44 (b) representation of the parties to an appeal; and (c) the manner in which evidence is to be heard or received; and (d) the calling of witnesses.

89 Appeal procedure (1) The appeals committee must hear and determine appeals to the race control body under this Act in accordance with the procedures and rules established by the race control body. (2) On the hearing of an appeal, the appeals committee may: (a) adjourn the appeal; or (b) uphold, reverse or vary a decision appealed against; or (c) set aside, vary, suspend, decrease or increase a fine or penalty imposed; or (d) refer the matter for rehearing to the steward or the race club whose decision is appealed against; or (e) order that the whole or part of the fee lodged under section 87(1) be refunded; or (f) make such other order, including as to costs, as it thinks fit. (3) The determination of an appeal by an appeals committee is final and conclusive.

90 Northern Territory Racing Appeals Tribunal (1) The Northern Territory Racing Appeals Tribunal is established. (2) The Tribunal: (a) is a body corporate with perpetual succession; and (b) is capable of suing and being sued.

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91 Functions of Tribunal The Tribunal has the following functions: (a) to hear appeals under this Part; (b) to make determinations of fact in relation to those appeals; (c) to carry out such other functions as are conferred on it under this Act or any other law of the Territory.

92 Powers of Tribunal (1) Subject to this Act, the Tribunal has the power to do anything necessary to perform its functions under this Act. (2) Without limiting the generality of subsection (1), the Tribunal has the following powers: (a) to regulate its affairs; (b) to hold hearings and establish procedures and rules for those hearings; (c) to exercise any other power given to the Tribunal under this Act.

93 Composition of Tribunal (1) The Tribunal consists of at least 4 and not more than 8 members, including a Chair and Deputy Chair, appointed by the Minister by Gazette notice. (2) A person must be eligible under section 94 to be appointed and hold office as a member. (3) The exercise of the powers or the performance of the functions of the Tribunal is not affected by reason only of a vacancy in the office of a member.

94 Eligibility to hold office (1) A person is eligible to hold office as a member of the Tribunal if the person: (a) has demonstrable skills, knowledge or experience to enable the person to exercise the powers and perform the functions related to appeals; and (b) is not ineligible under subsection (2); and

Racing and Wagering Act 2024 46 (c) is a fit and proper person; and (d) resides in the Territory, unless the Minister grants an exception. Note for subsection (1)(a) The skills, knowledge or experience need not be limited to Australia. (2) A person is not eligible to appointed or hold office as a member of the Tribunal if the person: (a) at any time within the previous 2 years, whether or not professionally, licensed or registered: (i) was a member of the committee, or an employee, of a race club; or (ii) had an interest, either directly or indirectly, in a business licensed under this Act; or (iii) had management or control of an office or agency established under an agency agreement with the licensee of a totalisator licence issued under the Totalisator Licensing and Regulation Act 2000; or (b) at any time within the previous 2 years: (i) was a rider in thoroughbred racing or driver in harness racing; or (ii) trained horses or greyhounds for racing; or (c) at any time within the previous 3 years: (i) became bankrupt; or (ii) applied to take the benefit of a law for the relief of bankrupt or insolvent debtors; or (iii) compounded with creditors or makes an assignment of the person's remuneration for their benefit. (4) The Minister may undertake any investigation the Minister appointed as a member of the Tribunal. (5) A member of the Tribunal must notify the Minister in writing if the member is no longer eligible to hold office.

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95 Chair and Deputy Chair (1) The Minister must, by Gazette notice, appoint the Chair and Deputy Chair of the Tribunal. (2) The following persons are eligible to be appointed under subsection (1): (a) a Supreme Court Judge; (b) a Local Court Judge; (c) a legal practitioner.

96 Powers and functions of Chair and Deputy Chair (1) The Chair of the Tribunal has the power to do anything necessary or convenient to be done for, or in connection with the administration of the affairs of the Tribunal and the performance of the Chair's functions. (2) The Chair presides at all hearings of the Tribunal. (3) The Deputy Chair has the powers and performs the functions of the Chair when: (a) there is a vacancy in the office of the Chair; or (b) the Chair is unable to exercise the powers or perform the functions of the Chair.

97 Delegation by Chair The Chair may, in writing, delegate to a member any of the powers and functions of the Deputy Chair if: (a) there is a vacancy in the office of the Deputy Chair; or (b) the Deputy Chair is unable to exercise the powers or perform the functions of the Deputy Chair.

98 Secretary of Tribunal (1) The Director must appoint a public sector employee to be Secretary of the Tribunal. (2) The Secretary of the Tribunal has the powers and functions assigned by the Tribunal.

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99 Validity of decisions A decision of the Tribunal is not invalid merely because of a defect or irregularity in, or in connection with, the appointment of a member of the Tribunal.

100 Term of office (1) The term of office of a member of the Tribunal is the period, not exceeding 3 years, specified by the Minister in the appointment. (2) A member is eligible for reappointment. (3) The Minister may grant a member leave of absence, but the leave does not affect the member's term of office. (4) While on leave, a member must not exercise any powers or perform any functions as a member.

101 Vacancy in office (1) The office of a member of the Tribunal becomes vacant if: (a) the member resigns by written notice given to the Minister; or (b) the person is found guilty of an indictable offence, whether in the Territory or elsewhere; or (c) the person becomes ineligible to hold office under section 94; or (d) the Minister revokes the member's appointment. (2) The Minister must revoke the appointment of a member of the Tribunal if: (a) the member contravenes section 102; or (b) the Minister is satisfied that the member is guilty of misbehaviour; or (c) the member is physically or mentally incapable of satisfactorily performing the functions of the office.

102 Conflict of interests (1) A member of the Tribunal must disclose any personal interest in any matter being considered or heard, or about to be considered or heard, by the Tribunal.

Racing and Wagering Act 2024 49 (2) The disclosure must: (a) be made before the matter is considered or heard by the Tribunal; and (b) explain the nature and extent of the personal interest and how it relates to the matter. (3) A member with a personal interest in a matter must not: (a) be present when the Tribunal considers or hears the matter; or (b) take part in a decision of the Tribunal on the matter. (4) For this section, a member has a personal interest in a matter if: (a) the member has a direct or indirect financial interest in the matter; or (b) the member has a personal, professional, commercial or other relationship with a person or entity and the nature of the relationship is likely to, or may reasonably be regarded as likely to, inhibit or prevent the member from exercising independent judgment about the matter; or (c) there is a reasonable possibility that the member's participation in the consideration of a matter will give a person or entity associated with the member a commercial advantage.

103 Appeal procedure (1) On receipt of a notice of appeal, the Secretary of the Tribunal must: (a) give the notice to the Chair of the Tribunal; and (b) give a copy of the notice to the steward, race club or race control body whose decision is the subject of the appeal; and (c) obtain a transcript or record of the evidence taken at the hearing in respect of the decision appealed against and serve a copy of it on the appellant.

Racing and Wagering Act 2024 50 (2) An appellant must, not later than 7 days after receiving the transcript or record of evidence furnished under subsection (1)(c), lodge with the Secretary written notice of the grounds of appeal, and, except by leave of the Tribunal, the appeal must be limited to those grounds. (3) On receiving a notice under subsection (2), the Secretary must: (a) forward a copy of the notice to the steward, race club or race control body whose decision is the subject of the appeal; and (b) forward a copy of the notice and the transcript or record of the evidence taken at the hearing to the Chair. (4) Subject to subsection (5), the date, time and place for the hearing of an appeal must be fixed by the Chair, and not less than 7 days written notice of that date must be given by the Secretary to: (a) the appellant; and (b) the steward, race club or race control body whose decision is the subject of the appeal; and (c) any other person the Chair may direct. (5) The Tribunal must commence hearing an appeal not later than 28 days after the lodging of the notice of the grounds of appeal under subsection (2). (6) Despite subsections (3), (4) and (5), the Tribunal may, by order, extend any period of time specified by this section if, in the opinion of the Tribunal, special circumstances so require.

104 Hearing of appeal (1) The Chair of the Tribunal may determine the procedures for the hearing of appeals by the Tribunal. (2) The hearing of an appeal is to be conducted by a panel of the Tribunal consisting of the following 3 members: (a) the Chair; (b) 2 other members chosen by the Chair. The Deputy Chair has the power and functions of the Chair when the Chair is unable to conduct a hearing under section 96(3). (3) The members of the panel must be knowledgeable of the racing industry that is the subject of the appeal.

Racing and Wagering Act 2024 51 (4) If both the Chair and Deputy Chair are unable to conduct a hearing: (a) the Chair must choose the 3 members to sit on the panel; and (b) the Chair must appoint one of the 3 members as acting Deputy Chair to preside for the hearing. (5) An appeal is to be heard at a date, time and place determined by the Chair. (6) Unless the panel determines otherwise, the hearing of an appeal is open to the public. (7) If, during the hearing of an appeal, a member of the panel is unable or unavailable to exercise the powers or perform the functions of a member, or the member's appointment is terminated, the remaining members of the panel may continue to hear the appeal. (8) The panel may exercise the powers and must perform the functions of the Tribunal for the purposes of the hearing.

105 Expedited hearing (1) If the panel of the Tribunal considers that an appeal should be heard and determined as a matter of urgency, it may, with the consent of the appellant expedite the hearing by: (a) dispensing with a procedural requirement; or (b) abridging the time required for the doing of a thing. (2) The panel may rely on such evidence as is available at the expedited hearing.

106 Appeal not to be withdrawn (1) An appeal may not be withdrawn without leave of the Tribunal or the panel of the Tribunal. (2) If granting leave, the Tribunal or panel may impose on an appellant such conditions as to costs or otherwise as it thinks fit.

107 Stay of proceedings Subject to section 108(3), the Chair of the Tribunal may, pending the determination of an appeal, order, subject to such conditions as the Chair thinks fit, a stay of the execution of the penalty, decision or order appealed against.

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108 Stay of decision (1) An application for an appeal under this Division does not stay the operation of the decision. (2) Despite subsection (1), the Chair of the Tribunal may stay the operation of the decision pending completion of the appeal. (3) In determining whether or not to stay the operation of a decision, the Chair must: (a) invite submissions from the appellant and the steward, race club or the race control body whose decision is the subject of the appeal; and (b) take into account any submissions received.

109 Appearance (1) The parties to an appeal are entitled to appear and to be represented by a legal practitioner during appeal proceedings. (2) A person summoned to attend or who appears as a witness in appeal proceedings may be represented by a legal practitioner.

110 Evidence (1) The Tribunal, including a panel of the Tribunal, is not bound by the rules of evidence and may inform itself of any matter in such manner as it thinks fit. (2) Evidence is to be given orally at a hearing, unless the Tribunal or panel of the Tribunal otherwise directs.

111 Power to issue summons The Tribunal or a panel of the Tribunal may, on the application of a party to a proceeding or on its own initiative, issue a summons requiring a person to appear before the Tribunal or the panel at a specified time and place to give evidence or produce evidentiary material.

112 Power to deal with contempt The Tribunal or a panel of the Tribunal may order a person to leave the place of a hearing and may continue the proceeding in the person's absence if the person engages in contempt.

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113 Determination of appeal (1) On the hearing of an appeal, the Tribunal or a panel of the Tribunal may, by order, do one or more of the following: (a) adjourn the appeal; (b) uphold, reverse or vary a decision appealed against; (c) set aside, vary, suspend, decrease or increase a fine, penalty or other sanction imposed; (d) refer the matter for rehearing to the steward, race club or race control body whose decision is the subject of the appeal; (e) order that the whole or part of the appeal fee lodged under section 87(1) be refunded; (f) make such order as to the costs of an appeal as it thinks fit; (g) make such other order as it thinks fit. (2) On the determination of an appeal, the Tribunal or the panel of the Tribunal must notify the parties of its determination.

114 Costs A costs order under section 113(1)(f) may be entered as a judgment with the Local Court and is enforceable accordingly.

115 Appeal final A determination of the Tribunal, including a panel of the Tribunal, is final and conclusive.

116 Types of licences The following licences are established: (a) an on-course bookmaker licence; (b) a betting exchange licence; (c) a sports bookmaker licence; (d) a key person licence.

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117 Offence of wagering without licence (a) intentionally conducts the business of wagering; and (b) does not hold a licence authorising that conduct.

118 Licence offence (b) the person intentionally conducts wagering; and (c) the wagering is not authorised by the licence.

119 On-course bookmaker licence (1) An on-course bookmaker licence is required to conduct wagering with members of the public at a racecourse. (2) An on-course bookmaker licence authorises the licensee to conduct wagering with members of the public at a racecourse in accordance with subsections (3) to (6). (3) The wagering must be conducted only: (a) in the areas and in the places at an approved racecourse fixed by the controlling race club; and (b) during the hours fixed by the controlling race club.

Racing and Wagering Act 2024 55 (4) The wagering must be conducted with the customer in person, unless the Director endorses the licence to authorise the receipt of wagers by telephone at an approved racecourse. (5) The wagering must be conducted only for a thoroughbred, harness or greyhound race that is conducted in compliance with the law applicable in the jurisdiction where the race is conducted. (6) The wagering must be conducted only by the following persons: (a) the on-course bookmaker licensee; (b) any person who: (i) is engaged by the licensee as an employee or agent; and (ii) holds a key person licence; and (iii) is authorised under the licence to conduct the business.

120 Agent of on-course bookmaker (1) An on-course bookmaker licensee must not engage an agent to act for the licensee without permission given by the Commission. (a) the person intentionally: (i) conducts wagering as an agent for an on-course bookmaker licensee; or (ii) conducts the business of being an agent for an on-course bookmaker licensee; and (b) the person does not have permission under section 134 authorising that conduct. (3) Strict liability applies to subsection (2)(b).

121 Betting exchange licence (1) A betting exchange licence is required to operate a system that: (a) places and receives wagers between persons through a betting exchange; and

Racing and Wagering Act 2024 56 (b) transmits and matches wagers with opposing wagers through a betting exchange. (2) A betting exchange licence authorises a person to conduct the business of a betting exchange in accordance with subsections (3) and (4). (3) The wagering must be conducted only for the following: Example for subsection (1)(c) The novelty event could be a contingency such as what colour clothing will a specific celebrity wear to a particular public event. (4) The wagering must be conducted only: (a) by using a method: (i) referred to in section 5(1)(b) of the Interactive Gambling Act 2001 (Cth); or (ii) prescribed by regulation; or (b) at premises operated by the licensee at a racecourse with the consent of the race club responsible for the racecourse; or (c) if the licensee also holds a licence under the Totalisator Licensing and Regulation Act 2000 – at retail and other premises allowed under that licence.

122 Sports bookmaker licence (1) A sports bookmaker licence is required to conduct wagering with members of the public in relation to any of the following:

Racing and Wagering Act 2024 57 Example for subsection (1)(c) The novelty event could be a contingency such as what colour clothing will a specific celebrity wear to a particular public event. (2) A sports bookmaker licence authorises the licensee to conduct wagering with members of the public in accordance with subsections (3) and (4). (3) The wagering must be conducted only for the following: (4) The wagering must be conducted only: (a) by using any method: (i) referred to in section 5(1)(b) of the Interactive Gambling Act 2001 (Cth); or (ii) prescribed by regulation; or (b) at premises operated by the licensee at a racecourse with the consent of the race club responsible for the racecourse; or (c) if the licensee also holds a licence under the Totalisator Licensing and Regulation Act 2000 – at retail and other premises allowed under that licence.

123 Key person licence (1) A key person licence is required to hold a position or perform a function as any of the following: (a) a director or executive officer of a wagering licensee; (b) any managerial position or managerial function in the business of a wagering licensee that has a significant influence over the licensee's business; (c) any position or function determined by the Commission under section 124.

Racing and Wagering Act 2024 58 (2) A key person licence authorises an individual to hold any position or perform any function that requires the individual to hold a key person licence.

124 Declaration in relation to key person licence (1) The Commission may, by written notice, declare that a position or function with a wagering licensee is of significant influence over the business of a wagering licensee and requires a key person licence. (2) For subsection (1), the Commission must give the notice to the wagering licensee that includes the following information: (a) the position or function that requires a key person licence; (b) the reason why the position or function requires a key person (c) any action the licensee is expected to take. (3) The wagering licensee must ensure that any individual holding a position or performing a function declared under subsection (1) who does not hold a key person licence: (a) applies for a key person licence as soon as practicable; or (b) subject to subsection (4), ceases holding the position or performing the function. (4) Any individual holding a position or performing a function declared under subsection (1) who does not hold a key person licence but applies for a key person licence may continue holding that position or performing the function for: (a) 7 days from the day after the day the wagering licensee receives the notice; or (b) if the application is made within those 7 days – until the application is determined by the Commission; or (c) any further time allowed by the Commission.

125 Key person licence offences (1) A licensee commits an offence if: (a) the licensee employs an individual in a position or for a function that requires a key person licence as declared by the Commission under section 124(1); and (b) the individual does not hold a key person licence; and

Racing and Wagering Act 2024 59 (c) section 124(4) does not apply to the individual. Maximum penalty: 250 penalty units. (a) the person intentionally holds the position or performs the functions of a key person for a licensee; and (b) the person does not hold a key person licence; and (c) section 124(4) does not apply to the individual. (4) Strict liability applies to subsection (3)(b) and (c). (5) It is a defence to a prosecution for an offence against subsection (1) or (3) if the defendant has a reasonable excuse. Note for subsection (5)

126 Licence not transferrable (1) A licence is not transferable from a licensee to another person. (2) Any purported transfer of a licence has no effect.

127 Eligibility criteria – fit and proper person To be eligible to apply for and hold any licence, an applicant must be a fit and proper person.

128 Eligibility criteria – key person licence To be eligible to apply for and hold a key person licence, an applicant must be an individual at least 18 years of age.

129 Eligibility criteria – on-course bookmaker licence To be eligible to apply for and hold an on-course bookmaker licence, an applicant must meet the following criteria: (a) be an individual at least 18 years of age;

Racing and Wagering Act 2024 60 (b) have a sound and stable financial background; (c) have sufficient business ability to establish and maintain the business proposed to be conducted.

130 Eligibility criteria – betting exchange licence and sports bookmaker licence (1) To be eligible to apply for and hold a betting exchange licence or a sports bookmaker licence, an applicant must meet the following criteria: (a) in the case of an individual – be at least 18 years of age; (b) have a sound and stable financial background; (c) in the case of a body corporate – have or have arranged a satisfactory ownership, trust or corporate structure; (d) have or be able to obtain: (i) the financial resources sufficient to ensure the financial viability of the business proposed to be conducted under the licence; and (ii) the services of persons who have sufficient experience in the management and operation of the business; (e) have sufficient business ability to establish and maintain the business proposed to be conducted; (f) have no association with any person or body with undesirable or unsatisfactory financial resources; (g) have no person involved in the management or operation of the business proposed to be conducted have association with any person or body with undesirable or unsatisfactory financial resources; (h) have each officer or person determined to be associated or connected with the ownership, administration or management of the operations or business of the applicant be a suitable person to act in that capacity. (2) When considering suitability under subsection (1)(h), the Commission must consider the following criteria: (a) whether the person is a fit and proper person, having regard to character, honesty and integrity;

Racing and Wagering Act 2024 61 (b) whether the person has any business association with any person, body or association who or which, in the opinion of the Commission, is not a fit and proper person, having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. (3) A person who holds a licence under the Totalisator Licensing and Regulation Act 2000 is taken to be eligible to apply for a betting exchange licence or sports bookmaker licence.

131 Application for licence (1) An application for a licence must be made to the Commission. Only an individual may apply for an on-course bookmaker licence or a key person licence. (2) The application must be: (3) During the application process, an applicant for a betting exchange licence or sports bookmaker licence must, on request, give the Commission a copy of the proposed initial terms and conditions of wagering under the licence.

132 Nominee (1) An applicant who is applying for a betting exchange licence or sports bookmaker licence must nominate an individual to be a nominee and to represent the applicant for the purposes of its operation under the licence. Individual applicants can nominate themselves to be the nominee. (2) It is a condition of a betting exchange licence and sports bookmaker licence that the licensee have an individual resident in the Territory as the nominee. (3) The nominee must be an individual approved by the Commission, whose approval will not be unreasonably withheld.

Racing and Wagering Act 2024 62 (4) A licensee must not change the nominee without the approval of the Commission without reasonable excuse. The sudden resignation of a nominee would be a reasonable excuse. (5) If a licensee changes the nominee without approval of the Commission because of a reasonable excuse, the licensee must seek the Commission's approval for the nominee as soon as practicable. (6) The nominee must, during business hours: (a) be contactable by the Director or the Commission; and (b) be available to provide access to the premises of the licensee by the Director, the Commission or an inspector. (7) If the nominee is or is expected to be absent from the Territory or is not readily contactable, the licensee must ensure that an alternative nominee is designated by the licensee, approved by the Commission and able to perform the functions of nominee.

133 Application to renew licence (1) A licensee may renew the licence by application to the (2) An application to renew a licence must: (a) be in the approved form; and (b) be accompanied by the fee prescribed by regulation.

134 Application as agent of on-course bookmaker (1) An application for permission to act as an agent for an on-course bookmaker licensee must be: (2) After considering the application, the Commission may give permission for a person to act as an agent for an on-course bookmaker licensee.

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135 Application fees (1) The fees for applications relating to licences or permissions are prescribed by regulation. (2) The application fees are not refundable.

136 Security (1) If requested by the Commission, a wagering licensee must give security to cover the potential liability of the licensee under this Act. (2) The Commission may determine the form and amount or value of the required security, not exceeding the amount or value prescribed by regulation. (3) The Commission may, from time to time, vary the form, amount or value of the required security to reflect changes in the potential liability of the licensee. (4) The security given by a licensee may be used to pay any liability of the licensee for the following (in order of priority): (a) any arrears for taxes or levies under this Act; (b) any amount owed to customers of the licensee.

137 Investigation (1) The Director, on behalf of the Commission, may carry out, or cause to be carried out, such investigations and inquiries as the Director considers necessary for the purpose of determining an application. (2) The Director may require an applicant to pay to the Commission the actual cost of the investigation or inquiry. (3) The applicant may be required to make specified payments towards the cost of the investigation or inquiry before it begins and during the investigation or inquiry. (4) The Director may, on behalf of the Commission, refuse the application if a required payment is not made. (5) At the end of the investigation or inquiry, the Director must certify the cost of the investigation or inquiry and any unpaid balance of that cost may be recovered from the applicant as a debt due and payable to the Territory.

Racing and Wagering Act 2024 64 (6) In proceedings for recovery of the amount of any unpaid cost of an investigation or inquiry, a certificate by the Director is evidence of the amount.

138 Further information to support application (1) The Director may, by written notice, require an applicant for a licence to give further information or a document about the application within a reasonable time stated in the notice. (2) The requirement must relate to information or a document that is necessary and reasonable to help determine the application.

139 Reliance on information from other jurisdictions In assessing or determining an application, the Director and the Commission may rely on information concerning an applicant obtained from a person or body who regulates racing, wagering or gambling in another jurisdiction if satisfied the information is reliable.

140 Issuing and renewing licence (1) The Commission may issue and renew a licence if: (a) the applicant is eligible to apply for and hold the licence under Division 2; and (b) issuing or renewing the licence is in the public interest, considering any risk to the reputation of the Commission or the Territory; and (c) the applicant or application meets any other criteria for licensing prescribed by regulation. (2) If the Commission proposes to refuse to issue or renew a licence, the applicant must be given a written notice: (a) advising the applicant of the proposed refusal; and (b) stating the grounds for the proposed refusal; and (c) inviting the applicant to show cause, within a specified period of at least 10 business days, why the application should not be refused.

Racing and Wagering Act 2024 65 (3) If the applicant wishes to show cause why the application should not be refused, the applicant must make written submissions to the Commission within the period specified in the notice. (4) After considering any written submissions made by the applicant, the Commission must decide to: (a) issue, or refuse to issue, the licence; or (b) renew, or refuse to renew, the licence. (5) The Commission must give the applicant a decision notice as soon as practicable after making a decision on the application. (6) If an application to renew a licence is made before the term of the licence expires, the licence continues in force until the application is determined.

141 Term of licence The term of a licence is the shorter of the following: (a) the period prescribed by regulation; (b) any shorter period imposed by the Commission.

142 Annual fees (1) A licensee must pay to the Territory an annual licence fee if prescribed by regulation. (2) The annual fee must be paid each year commencing after the first year within 28 days after the anniversary of the day the licence was issued. The application fee covers the first year of the licence. (3) If a licensee fails to pay the annual fee by the day required under subsection (2): (a) the licensee must pay a penalty calculated at 10% per year (calculated daily) on any outstanding amount of the annual fee; and (b) the Commission may suspend the licence until the fee is paid. (4) The annual fee is payable regardless of whether the licensee is operating during the period for which the fee is payable.

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143 Surrender of licence (1) A licensee may surrender the licence to the Commission. (2) The surrender of a licence has no effect unless accepted by the (3) If the surrender of a licence is accepted, a person who held the licence ceases to be a licensee, but remains liable for: (a) any act or omission done, caused, permitted or made by the person prior to the surrender taking effect; and (b) any liability incurred by the person under this Act prior to the surrender taking effect.

144 Liability for tax (1) A tax is imposed on the business of wagering. (2) A wagering licensee must pay the tax to the Territory on or before the 14th day of each month. (3) A tax paid by a licensee under this Division is not refundable. (4) Payment of the tax by electronic means takes effect when the amount is credited to the Territory. (5) Payment of the tax by cheque takes effect when the cheque is cleared on first presentation.

145 Rate of tax (1) The tax payable by an on-course bookmaker licensee is calculated at the rate of 0.33% on the total amount of wagers made by the licensee with persons during the preceding month minus the total amount of any wagers made by the licensee during that month with an agent as defined in section 3(1) of the Totalisator Licensing and Regulation Act 2000 for making a back wager or lay off wager. (2) The tax payable by a betting exchange licensee is calculated at the rate of 5% on the total amount of commission retained or received by the licensee during the preceding month.

Racing and Wagering Act 2024 67 (3) The tax payable by a sports bookmaker licensee is calculated at the rate of 5% on the total amount of wagers made by the licensee with persons during the preceding month minus the total amount paid by the licensee to those persons for the wagers during that month. (4) The amount of tax payable by a betting exchange licensee or sports bookmaker licensee for a financial year under this section must not exceed an amount equal to the monetary value of 2 000 000 revenue units.

146 Application of Taxation Administration Act 2007 The Taxation Administration Act 2007 applies to a tax payable under this Division as if: (a) a reference in that Act to tax were a reference to a tax under this Division; and (b) a reference in that Act to a taxpayer were a reference to a licensee; and (c) a reference in that Act to a taxation law included a reference to this Act; and (d) a reference in that Act to a corresponding law in Parts 9 and 10 included a reference to a law of the Commonwealth, a State or another Territory corresponding to this Act.

147 Liability for levy (1) A levy to provide funding for the Racing and Wagering Fund is established. (2) The following licensees must pay the levy to the Racing and Wagering Fund on or before the 14th day of each month: (a) a betting exchange licensee; (b) a sports bookmaker licensee. (3) A levy paid by a licensee under this Division is not refundable. (4) Payment of the levy by electronic means takes effect when the amount is credited to the Territory. (5) Payment of the levy by cheque takes effect when the cheque is cleared on first presentation.

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148 Amount of levy (1) A betting exchange licensee must pay a levy prescribed by regulation in respect of the total amount of commission retained or received by the licensee during the preceding month. (2) A sports bookmaker licensee must pay a levy prescribed by regulation in respect of the total amount of wagers made by the licensee with persons during the preceding month.

149 Outstanding levy and interest (1) If a licensee fails to pay the levy in accordance with this Act: (a) the licensee must pay interest calculated at 10% per year (calculated daily) on the outstanding amount of the levy; and (b) the Commission may suspend the licence until the levy and interest is paid. (2) The amount of any outstanding levy and interest under subsection (1) is a debt due and payable to the Territory.

150 Establishment of Racing and Wagering Fund (1) The Racing and Wagering Fund is established. (2) The Racing and Wagering Fund is taken to be an Agency Operating Account for the Agency under the Financial Management Act 1995.

151 Contents and purpose of Racing and Wagering Fund (1) The following must be paid into the Racing and Wagering Fund: (a) any charges or costs paid to the Commission under this Act; (b) the levies paid under section 147; (c) any money appropriated to the Racing and Wagering Fund; (d) money paid into the Racing and Wagering Fund under any (2) The Racing and Wagering Fund is to be used to pay the following: (a) the remuneration of the Director and members of the Commission;

Racing and Wagering Act 2024 69 (b) the costs and expenses of the Director and the Commission exercising their powers or performing their functions under this Act, including the Commission's powers and functions as a race control body; (c) the costs and expenses of inspectors and persons appointed by the Director or the Commission to exercise powers or perform functions under this Act; (d) the costs and expenses of training, professional development and education for inspectors, the Director and members and staff of the Commission; (e) research related to wagering conducted by or for the Director or the Commission; (f) grants to entities working to assist individuals harmed by wagering in the Territory; (g) bursaries for education or employment programs related to racing in the Territory.

152 Premises in Territory maintain premises in the Territory for the conduct of the business of A betting exchange licensee's and sports bookmaker licensee's premises must be registered as the licensee's principal place of business with the Australian Securities and Investment Commission. (2) A betting exchange licensee's and sports bookmaker licensee's proposed premises for the conduct of the business of wagering must be specified in the wagering licensee's application for the licence. (3) A betting exchange licensee and sports bookmaker licensee must not change the licensee's premises for the conduct of the business of wagering without approval of the Commission.

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153 Conditions on licence Every licence is subject to: (a) the conditions imposed by this Act or prescribed by regulation; and (b) any condition imposed by the Commission under section 154.

154 Discretionary conditions on licence (1) The Commission may, when issuing or renewing a licence, impose conditions on the licence relating to: (a) the licensee's authority to operate under the licence; and (b) the business, financial structure, assets and liabilities of the licensee. (2) If there is an inconsistency between a condition imposed by the Commission and a condition imposed by this Act or prescribed regulation, the condition imposed by this Act or prescribed by regulation prevails to the extent of the inconsistency. (3) Subject to subsection (4), a renewed licence is subject to the same conditions as the licence it replaces. (4) The Commission may vary or revoke a condition imposed under subsection (1) in accordance with the regulations.

155 Compliance with conditions and restrictions (1) A licensee must comply with any condition and restriction imposed on the licensee or licence. Contravention of a licence condition may also lead to disciplinary action against the licensee. (2) A licensee commits an offence of strict liability if the licensee contravenes a condition of the licence. subsection (2) if the defendant has a reasonable excuse.

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156 Communications with customers (1) This section applies to wagering licensees. (2) The licensee must not conduct wagering with a customer who is physically present with the licensee's employees or agents, unless: (a) the customer is at premises operated by the licensee at a racecourse with the consent of the race club responsible for the racecourse; or (b) the licensee also holds a licence under the Totalisator Licensing and Regulation Act 2000. (3) All telephone communications to conduct wagering with a customer by the licensee must be conducted at the licensee's premises in the Territory, unless the licensee also holds a licence under the Totalisator Licensing and Regulation Act 2000. (4) The Commission may, by written notice, grant a waiver from subsection (3) for a specified temporary period if satisfied that: (a) a natural disaster, emergency or other event determined by the Commission prevents the licensee from initiating or receiving communications in the Territory; and (b) the waiver is necessary to allow the licensee to maintain customer service.

157 Change in associated persons and shareholders (1) This section applies to: (a) a betting exchange licensee; and (b) a sports bookmaker licensee. (2) The licensee must not make any of the following changes without the written approval of the Commission: (a) any change in the associates of the licensee; (b) any change in a person who, alone or together with one or more associates of that person: (i) is in a position to control at least 10% of the voting power in the licensee; or (ii) holds interests in at least 10% of the issued shares in the licensee.

Racing and Wagering Act 2024 72 (3) An application for approval must clearly set out the proposed change. (4) The Commission may approve the proposed change if satisfied that: (a) in the case of a new person proposed to be an associate of the licensee – the person is suitable to be an associate of the licensed business; and (b) in every case – the change will not affect the licensee's eligibility or suitability to hold the licence. (5) The Commission must give the applicant a decision notice if it refuses to approve the proposed change. (6) Any decision to refuse to approve the change must be made and the decision notice given within 90 days after the day the application is lodged.

158 Change of associate without approval (b) the person intentionally engages in conduct; and (c) the conduct results in a change referred to in section 157(2) and the person is reckless in relation to that result; and (d) the change was not approved by the Commission. (2) Strict liability applies to subsection (1)(a) and (d).

159 Prohibited conduct (1) An on-course bookmaker licensee must not, without the approval of the Commission, enter into a partnership in relation to the business carried on under the licence with a person whose name is not endorsed on the licence.

Racing and Wagering Act 2024 73 (2) A wagering licensee must not, without the approval of the Commission: (a) borrow money or obtain financing for use in the business carried on under the licence except from: (i) an ADI, a foreign ADI or a financial institution regulated under the law of another country; or (ii) its shareholders or owners; or (b) lay off a wager with another person unless that person is licensed to conduct wagering in accordance with the law of the jurisdiction where the person conducts business; or (c) procure a person to make a wager on behalf of the licensee or another licensee that, if made by the licensee, would be contrary to this Act; or (d) sell or transfer to another person a wager receipt that is required to be issued to a customer under section 184. Example for subsection (2)(a)(ii) Debentures from shareholders or loans from a parent company.

160 Wagers presumed lawful (1) A wager is presumed to be lawful if the wager: (a) was made with or through a licensee; and (b) was in relation to a race or sporting event allowed under this Act; and (c) complies with the conditions of the licensee's licence. (2) The presumption in subsection (1) may be rebutted if the wager was contrary to this Act or to the law of a State, another Territory or the Commonwealth.

161 Proceedings to collect wager A person may take proceedings to recover: (a) moneys payable on a winning lawful wager; or (b) moneys payable by a lawful wager or on account of a lawful wager offered and accepted.

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162 Duty to report events related to operations (1) A licensee must report to the Commission any event related to operations under the licence that is prescribed by regulation. (2) The report must be made as soon as reasonably practicable after the licensee becomes aware that the event occurred.

163 Requirements for wagering control system (1) A wagering licensee must have a wagering control system consisting of a system of internal controls and administrative and accounting procedures, including computer hardware and software. (2) A wagering control system must, in accordance with the regulations: (a) safeguard compliance by the wagering licensee and the holders of a key person licence, employed by the licensee, with this Act; and (b) allow all transactions to be recorded in real time in a way that is auditable, reliable and secure; and (c) ensure that all parties to wagers receive their correct entitlement. The wagering control system may be owned by the licensee or by a third party. (3) A wagering licensee must not conduct operations under the licence unless its wagering control system is approved by the Director in accordance with the regulations. (4) The Director may make approval of a wagering control system conditional on the system's compliance with any standards, rules or requirements the Director considers appropriate to ensure the system meets the requirements of subsection (2). (5) The Director must publish the standards, rules or requirements applicable to wagering control systems under subsection (4). (6) A wagering licensee must not change its wagering control system except in accordance with the regulations. (7) A licensee must report a breach or failure of a wagering control system in accordance with the regulations.

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164 Offences related to wagering control systems (b) has no wagering control system currently approved by the Director; and (c) intentionally conducts business under the licence. (2) Strict liability applies to subsection (1)(a) and (b). (b) the person's wagering control system is approved by the Director; and (c) the person engages in conduct; and (d) that conduct results in: (i) a failure to implement or comply with the wagering control system; or (ii) a change to the wagering control system contrary to the regulations. (4) An offence against subsection (3) is an offence of strict liability. (5) A person commits an offence if the person: (b) fails to make a report in accordance with section 163(7). (6) An offence against subsection (5) is an offence of strict liability.

Racing and Wagering Act 2024 76 (7) It is a defence to a prosecution for an offence against subsection (1), (3) or (5) if the defendant has a reasonable excuse. Note for subsection (7)

165 Prohibition of event (1) The Minister may, by Gazette notice, prohibit or restrict wagering on a specified event if the Minister considers wagering on that event to be contrary to the public interest or community expectations. A wager made on an event prohibited by the Minister is an unlawful wager under section 199. (2) For subsection (1), the Minister may consider the following factors: (a) the objective of promoting safe wagering and minimising harm from unsafe wagering; (b) consumer protection issues associated with the event; (c) protecting the public from contingencies that are offensive or insulting. (3) Any potential or actual loss of revenue to the Territory or a licensee resulting from a prohibition or restriction under this section is not a relevant consideration. (4) Before prohibiting or restricting wagering under this section, the Minister may request and consider submissions from a licensee who would be affected by the proposed prohibition or restriction.

166 Novelty events (1) The Commission may issue rules governing the wagering on novelty events by licensees. A wager on a novelty event is a wager on the results of any event happening anywhere in the world. Example for subsection (1) A wager on the result of an award show or the weather on a particular day.

Racing and Wagering Act 2024 77 (2) The Commission must publish any rules issued under subsection (1).

167 Declaration of sporting event (1) The Commission may declare an event to be a sporting event. (2) The Commission must publish any event declared under subsection (1).

168 Directions on contingency in relation to sporting event (1) The Commission may issue directions to a wagering licensee, prohibiting or restricting wagering on a specified contingency in relation to a sporting event if it considers wagering on that contingency to be contrary to the public interest or community expectations. A wager made on a contingency prohibited by the Commission is an unlawful wager under section 199. (2) For subsection (1), the Commission may consider the following factors: (a) the objective of promoting safe wagering and minimising harm from unsafe wagering; (b) consumer protection issues associated with the contingency; (c) protecting the public from contingencies that are offensive or insulting; (d) protecting the integrity of the sporting event. (3) Any potential or actual loss of revenue to the Territory or a licensee resulting from a direction under this section is not a relevant consideration. (4) Before issuing a direction, the Commission may request and consider submissions from a licensee who would be affected by the proposed direction.

169 Meaning of sports information The following information is taken to be sports information: (a) information that identifies, or is capable of identifying, an animal or rider in a race;

Racing and Wagering Act 2024 78 (b) information about a sporting event declared by the Commission, including information about an individual or a team expected to take part, or taking part, in the sporting event.

170 Approval to use sports information (1) A wagering licensee must obtain approval in accordance with this section to use sports information relating to a race or sporting event in the Territory. (2) A wagering licensee must obtain approval to use sports information relating to a race or sporting event in another Territory or State if the body or entity governing that race or sporting event requires approval for using that information. Example for subsection (2) Some national sports league governing bodies require sports bookmakers to pay for the use of information about their sport. In such cases, the sports bookmaker must get approval from the body to use the information. (3) The approval must be obtained from: (a) in the case of information relating to a race in the Territory – the race control body responsible for the race; or (b) in the case of information relating to a sporting event in the Territory – the control body authorised for the sporting event by the Commission under subsection (5); or (c) in the case of information relating to a race or sporting event in another Territory or State – the control body that requires approval for using that information. (4) An application for approval to use sports information must be in the form and manner required by the control body that requires approval. (5) The Commission may, by Gazette notice, authorise a body or entity to be the control body for a sporting event that occurs in the Territory.

171 Using sports information A wagering licensee is taken to use sports information if the licensee, in the course of business as a wagering licensee: (a) publishes the sports information; or

Racing and Wagering Act 2024 79 (b) conducts wagering on contingencies created using the sports information; or (c) deals with the sports information in a manner prescribed by regulation.

172 Approval by control body (1) A control body in the Territory that receives an application under section 170(4) must decide whether to approve the use of the information no later than 28 days after receiving the application. (2) A control body may: (a) require the payment of a fee for approval to use the sports information in accordance with the regulations; and (b) impose conditions on its approval. (3) A control body may specify the period for which its approval is valid. (4) Any fee for the use of the sports information is a debt due and payable to the control body that gave the approval.

173 Variation of conditions (1) A control body may vary or revoke the conditions of its approval to use sports information or impose additional conditions on the approval to use sports information given to a wagering licensee. (2) Before exercising its powers under subsection (1), a control body in the Territory must: (a) give the wagering licensee written notice of the proposed variation, revocation or additional conditions; and (b) consider any submissions made by the wagering licensee within 28 days after the notice is sent to the licensee. (3) A control body must, in writing, notify the wagering licensee of its decision on any variation, revocation or additional conditions.

174 Cancellation of approval (1) A control body may cancel the approval it gave to a wagering licensee to use sports information if satisfied that: (a) the wagering licensee seriously contravened a condition of the approval; or

Racing and Wagering Act 2024 80 (b) the wagering licensee contravened this Act; or (c) other grounds prescribed by regulation exist for cancellation. (2) The control body must give written notice to the wagering licensee of any cancellation.

175 Offence related to sports information (b) uses sports information; and (c) does not have the approval required under section 172 to use that sports information.

176 Requirement for approval of arrangements and agreements not enter into an arrangement or agreement with another person in connection with the wagering activity of the licensee's customers without the Commission's approval if the arrangement or agreement would: (a) cause a substantial change to the licensee’s relationship with customers; or (b) cause the other person to be considered an associate of the licensee; or (c) cause the other person to interact with customers of the licensee on behalf of the licensee; or

Racing and Wagering Act 2024 81 (d) allow the other person to receive compensation for conduct, other than a simple hyperlink on the other person's website, that refers customers to the licensee; or (e) entitle the other person to compensation based on a customer's wagering activity. Examples for subsection (1)(a) 1 Changing, adding or removing key features or services provided to customers. 2 Changing the terms or times for settling wagers. Examples for subsection (1)(c) The person would open customer accounts, process customer deposits or handle customer services. (2) The licensee must apply to the Commission for approval of its proposed arrangement or agreement. (3) The application must: (a) describe the proposed arrangement or agreement; and (b) identify each person involved in the proposed arrangement or agreement.

177 Decision on approval of arrangement or agreement (1) The Commission may approve an arrangement or agreement referred to in section 176(1) if satisfied that the other person is suitable to be in the arrangement or agreement with the licensee. (2) When considering suitability under subsection (1), the Commission must consider the following criteria: (a) whether the other person is a fit and proper person, having regard to character, honesty and integrity; (b) whether the other person has any business association with any person, body or association who or which, in the opinion of the Commission, is not a fit and proper person having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources. (3) The Commission must give the licensee a decision notice if it approves or refuses to approve an arrangement or agreement between a licensee and a person. The arrangement or agreement can be terminated under section 214.

Racing and Wagering Act 2024 82 (4) The Commission may, in its decision notice: (a) clarify the scope of the obligations applicable to the person; and (b) limit the scope of the activities and relationship applicable to the person; and (c) impose conditions on the licensee and the person regarding the relationship. (5) The licensee must keep a record of any arrangement or agreement approved under this section.

178 Obligations of arrangement or agreement If the Commission approves an arrangement or agreement between a licensee and another person, the other person and the other person's conduct in relation to the business operated under the licence is subject to: (a) the provisions of this Act applicable to the licensee and the licensee's conduct; and (b) any conditions imposed on the person by the Commission.

179 Arrangement or agreement without approval (b) the person intentionally enters into an arrangement or agreement in connection with the licence or the business operated under the licence with another person; and (c) the arrangement or agreement requires the approval of the Commission under section 176; and (d) the arrangement or agreement was not approved by the (2) Strict liability applies to subsection (1)(a), (c) and (d).

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180 Requirement for terms and conditions of wagering have written terms and conditions for all products and services offered by the licensee and how customers will obtain and use them. (2) The terms and conditions must: (a) be fair and reasonable to customers; and (b) be written in plain English; and (c) not be contrary to the public interest; and (d) be suitable and appropriate for each product or service offered by the licensee. (3) A licensee must make its terms and conditions available on its website and all its other wagering platforms.

181 Initial terms and conditions of wagering (1) A betting exchange licensee and a sports bookmaker licensee must not commence business under a licence except in accordance with the terms and conditions of wagering upon which the licence was issued. The initial terms and conditions of wagering are submitted as part of the application process under section 131(3). (b) the person intentionally contravenes subsection (1).

Racing and Wagering Act 2024 84 (3) Strict liability applies to subsection (2)(a). subsection (2) if the defendant has a reasonable excuse.

182 Change in terms and conditions give to the Commission a copy of any substantive change to the terms and conditions of wagering upon which the licence was issued within 14 days of the change. (2) The Commission may issue a direction to a betting exchange licensee and sports bookmaker licensee to change the terms and conditions of wagering within the time, and in the way, specified in the notice if satisfied the terms and conditions no longer meet the requirements of section 180.

183 Requirement for account not accept a wager from a person unless: (a) the person opens and holds an account with the licensee; and (b) the person is identified in accordance with the Anti-Money Laundering and Counter-Terrorism Financing Rules Instrument 2007 (No. 1) (Cth). (2) A licensee is exempt from subsection (1) if the licensee: (a) holds a licence under the Totalisator Licensing and Regulation Act 2000; and (b) accepts the wager from a customer present at the licensee's retail premises. (3) A betting exchange licensee and sports bookmaker licensee must close an open customer account if the licensee becomes aware that false information of identity was used to open the account.

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184 Wager receipt (1) A wagering licensee must issue a receipt for each wager accepted by the licensee. (2) The receipt must be issued to the person making the wager and include the information prescribed by regulation.

185 Wagering records (1) A wagering licensee must immediately record any wager accepted by the licensee by means of a document, equipment, device or service. (2) Any wager paid out to a person by an on-course bookmaker licensee must be recorded immediately on the same document, equipment, device or service as the wager.

186 Keeping accounts A wagering licensee must: (a) keep accounting records that correctly record and explain the transactions and financial position of the business operated under the licence; and (b) keep the accounting records in a way that allows: (i) true and fair financial statements and accounts to be prepared from time to time; and (ii) the financial statements and accounts to be conveniently and properly audited.

187 Preparation of financial statements and accounts prepare financial statements and accounts in accordance with applicable Australian accounting standards that give a true and fair view of the financial operations of the business operated under the licence including: (a) the verification and reconciliation of tax payments; and (b) long-term wager accounts in financial institutions; and (c) customer accounts; and

Racing and Wagering Act 2024 86 (d) any other matter prescribed by regulation. (2) A betting exchange licensee and sports bookmaker licensee must lodge a copy of their financial statements and accounts with the Commission within 5 months of the end of the licensee's financial year.

188 Monthly returns (1) A wagering licensee must prepare a monthly return on the licensee's operations during the previous month. (2) The monthly return must be in the approved form and contain the information prescribed by regulation. (3) The monthly return must be lodged with the Commission within 14 days after the end of each month.

189 Failure to lodge return (1) A wagering licensee commits an offence if the licensee fails to lodge a monthly return as required under section 188.

190 Audits (1) The Commission may, by written notice, require a licensee to conduct an audit in accordance with this section. (2) The audit may be required for the following: (a) the licensee's accounts and financial statements prepared under sections 186 and 187; (b) the licensee's wagering control system; (c) any system for the storage of information relating to the (d) any financial, unsafe wagering, fraud or money laundering or counter-terrorism matters. (3) The audit must be performed, at the expense of the licensee, and an audit report prepared by: (a) a person registered as an auditor, or taken to be so registered, under Part 9.2 of the Corporations Act 2001 (Cth); or

Racing and Wagering Act 2024 87 (b) another person qualified and suitable to perform the audit acceptable to the Commission. (4) The licensee must lodge a copy of the audit report with the Commission within 90 days after the day the licensee receives the request, or any further time allowed by the Commission. (5) On receiving a copy of the audit report, the Commission may, by written notice, require the licensee to give further information about a matter relating to the audit. (6) The licensee must comply with a requirement under subsection (5) within the time stated in the notice, or any further time allowed by the Commission.

191 Producing records and other documents A wagering licensee must, on the request of an inspector, the Director or the Commission produce: (a) any record required to be kept by the licensee under this Act; or (b) any other document relating to the operation of the licensee's

192 Failure to produce records and other documents (1) A wagering licensee commits an offence if the licensee fails to comply with a request under section 191.

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193 Prohibited or restricted wagering (c) the wager is on an event or a contingency prohibited or restricted under section 165 or 168; and (d) the wager contravenes the prohibition or restriction.

194 Misleading wagers prohibited (c) the wager is likely to lead a potential customer to believe on reasonable grounds that the wager is: (i) a ticket in a lottery; or (ii) an offer or invitation to enter or participate in a lottery.

Racing and Wagering Act 2024 89 (c) the winning outcome of the wager consists of numbers, digits or symbols derived from numbers, digits or symbols that form part only of one or more sporting events; and (d) the wager does not enable a potential customer to use judgement or skill in the selection of the winning outcome. (3) An offence against subsection (1) or (2) is an offence of strict liability. subsection (1) or (2) if: (a) the wager had the characteristics of a mystery wager on a race or sporting event and the combination in the wager relates to direct outcomes of identified races or sporting events; or (b) the wager was exempted by the Commission under subsection (5). The defendant has an evidential burden in relation to these exemptions (see (5) The Commission may, on application by a licensee or a customer or its own initiative, declare that a specific wager is exempt from subsection (1) or (2) if the Commission is satisfied that: (a) the wager is not misleading; and (b) the wager is not an abuse of a sporting event. (6) Nothing in this section prevents a person from conducting a lottery or internet gaming business in accordance with the Gaming Control Act 1993. (7) In this section: internet gaming business, see section 47A of the Gaming Control Act 1993. lottery, see section 3 of the Gaming Control Act 1993.

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195 Offences related to accounts (a) is a betting exchange licensee or sports bookmaker licensee; and (c) does not comply with section 183(1) or (3).

196 Not issuing receipt for wager (c) does not issue a receipt to the other person in accordance with section 184.

197 Not recording wager (c) does not keep a record of the wager in accordance with section 185.

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198 Offence relating to audits (b) receives a request from the Commission under section 190 to conduct an audit; and (c) fails to cause an audit to be made, or to lodge a copy of the audit report, in accordance with that section.

199 Unlawful wager (1) A wager is unlawful if: (a) it is made through a person who is not a wagering licensee or does not hold other legal authority to accept a wager; or (b) it is made in relation to an event prohibited or restricted by the Minister under section 165(1); or (c) it is a novelty wager and contravenes any rules for novelty wagers issued by the Commission under section 166(1); or (d) it is made in relation to an event that is not declared to be a sporting event by the Commission under section 167(1); or (e) it contravenes a direction issued by the Commission in relation to a contingency on a sporting event under section 168(1); or (f) it is otherwise contrary to this Act or to the law of a State, another Territory or the Commonwealth; or (g) it is declared to be unlawful by the Commission under subsection (2).

Racing and Wagering Act 2024 92 (2) The Commission may, on application by a licensee or a customer or its own initiative, declare a wager to be unlawful if satisfied that: (a) the wager was made in relation to an event that was not fairly or lawfully conducted; or (b) the wager was made in relation to an event where the result is not what would be legitimately expected if all steps in the proceedings of the event or the declaration of its result were honestly and fairly conducted or declared.

200 Offence related to unlawful wager (a) the person intentionally wagers with another person; and (b) the wager is an unlawful wager. Maximum penalty: 215 penalty units.

201 Soliciting unlawful wagers (a) directly or indirectly invites or solicits another person to give or entrust to the person money or other valuable thing; and (b) engages in the conduct mentioned in paragraph (a) with the intention of using the money or valuable thing for an unlawful Maximum penalty: 215 penalty units. (2) Subsection (1)(b) is the fault element for the conduct in subsection (1)(a).

202 Agreement relating to unlawful wager (1) An agreement, whether oral or in writing, relating to an unlawful wager is void and has no effect.

Racing and Wagering Act 2024 93 (2) No action or proceeding may be commenced or maintained to recover money or other valuable thing that is: (a) won on an unlawful wager; or (b) deposited with a person to abide the contingency on which an unlawful wager was made.

203 Disposition of property as result of unlawful wager (1) Despite any Act relating to the registration of title to real or personal property, a disposition of property made, or an agreement to dispose of property entered into, by way of payment of or security for a debt as a consequence of an unlawful wager is of no effect. (2) Subsection (1) does not invalidate a disposition of property to a person if: (a) the disposition was for valuable consideration; and (b) the person was not a party to the agreement referred to in subsection (1); and (c) the person, at the time of the disposition, had no notice that the property was the subject of, or the whole or part of the consideration for, the agreement; and (d) the person acted in good faith.

204 Contravention of code of practice (b) the conduct contravenes a code of practice approved by the Minister under section 13.

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205 Contravention of Commission's direction (b) the conduct contravenes a direction of the Commission issued under section 50(1), 168(1), 182(2), 214(1), 224(2)(b), 226(2)(d) or 255(1).

206 Occupier conducting or allowing wagering contrary to Act (a) the person is an occupier of a place; and (b) the person intentionally conducts or allows wagering in that place; and (c) the conduct is contrary to this Act or the wager is an unlawful

207 Invitation to place of wagering contrary to Act (a) the person invites members of the public to a place to conduct wagering; and (b) the conduct is contrary to this Act or the wager is an unlawful Maximum penalty: 10 penalty units.

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208 Wagering on trial (c) the wagering is on the outcome of a trial. (a) the person conducts wagering; and (b) the wagering is on the outcome of a trial. (3) An offence against subsection (1) or (2) is an offence of strict liability.

209 Power to declare wager void (1) The Commission may declare a wager or a series of wagers to be void if satisfied, after an investigation, that the wager: (a) contravened this Act, a code of practice or the terms and conditions of wagering under which it was accepted; or (b) was an unlawful wager; or (c) should not have been offered, negotiated or accepted by a licensee. (2) The declaration under subsection (1) must be in the form of a decision notice. (3) The licensee must refund the amount of any wager declared void within 7 days, unless the licensee applies for a review of the declaration under section 239.

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210 Power to declare wager valid (1) The Commission may declare a wager or a series of wagers to be valid if satisfied, after an investigation, that the licensee should not have voided the wager accepted by a licensee because the wager: (a) did not contravene this Act, a code of practice or the terms and conditions of wagering under which it was accepted; or (b) was not an unlawful wager. (2) The declaration under subsection (1) must be in the form of a decision notice. (3) The licensee must pay out the amount of the winnings of any wager declared valid by the Commission, unless the licensee applies for a review of the declaration under section 239.

211 Prohibiting opening of account (1) The Commission may, by written notice, issue a direction to a betting exchange licensee and sports bookmaker licensee prohibiting the licensee from opening an account for a person specified in the notice, if satisfied that: (a) the person is engaged in unsafe wagering or should be protected from unsafe wagering; or (b) the person demonstrates little or no understanding of (2) Before making a direction under subsection (1), the Commission must consider the following factors: (a) whether the person displays a lack of understanding of how to wager, how wagers are settled or the terms and conditions of a wager; (b) whether the person made unsuccessful complaints displaying a similar lack of understanding; (c) whether the person has multiple accounts with different licensees and has made unsuccessful complaints displaying a similar lack of understanding with those licensees; (d) whether the person displays the behaviour of a problem gambler;

Racing and Wagering Act 2024 97 (e) any other factor the Commission considers relevant. (3) A direction under subsection (1) may be made in relation to a group of licensees. (4) The direction must include the following information: (a) the name of the person whose account is not to be opened; (b) the reason for prohibiting the opening of the account; (c) the name of the licensee or licensees; (d) the action to be taken by the licensee in relation to the account. (5) A licensee who receives a notice under subsection (1) must not open an account for the person specified in the notice. Note for section 211 A person specified in the notice may apply under section 239 to NTCAT for review of the decision to issue the notice.

212 Opening prohibited account (a) is a betting exchange licensee or sports bookmaker licensee; and (b) receives a notice from the Commission under section 211 prohibiting the opening of an account for a person specified in the notice; and (c) opens an account for the person specified in the notice.

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213 Power to close account (1) The Commission may, on application by a person or its own initiative, issue a direction to a licensee to close the account of a person, either permanently or temporarily, if satisfied that: (a) the person is engaged in unsafe wagering or should be protected from unsafe wagering; or (b) the person demonstrates little or no understanding of (2) Before making a direction under subsection (1), the Commission must consider the following factors: (a) whether the person displays a lack of understanding of how to wager, how wagers are settled or the terms and conditions of a wager; (b) whether the person made unsuccessful complaints displaying a similar lack of understanding; (c) whether the person has multiple accounts with different licensees and has made unsuccessful complaints displaying a similar lack of understanding with those licensees; (d) whether the person displays the behaviour of a problem gambler; (e) any other factor the Commission considers relevant. (3) A direction under subsection (1) may be made in relation to a group of licensees. (4) The direction must include the following information: (a) the name of the person whose account is to be closed; (b) the reason for closing the account; (c) the name of the licensee or licensees; (d) the action to be taken by the licensee in relation to the account. (5) The direction must be given to: (a) the licensee and all other betting exchange licensees and sports bookmaker licensees; and (b) the person whose account is to be closed.

Division 3 Associated persons, arrangements and agreements Racing and Wagering Act 2024 99 (6) A licensee who receives a direction to close an account must: (a) immediately suspend the account; and (b) subject to subsection (7), close the account within 7 days after the day the direction is received. (7) If an application for review of the direction is made to NTCAT within 7 days after the day the direction is received by the person subject to the direction, the account must not be closed until the review is complete and the direction upheld. Division 3 Associated persons, arrangements and agreements

214 Direction to terminate association, arrangement or agreement (1) The Commission may issue a direction to a licensee and any person who is an associate of the licensee or in an arrangement or agreement with the licensee to terminate the association, arrangement or agreement, whether previously approved or not. (2) A direction under subsection (1) may only be made if the Commission is satisfied, after an investigation, that: (a) the person contravened a provision of this Act or any code of practice, direction, standard, rule or requirement under this Act; or (b) the person is not suitable to be an associate of or be in an arrangement or agreement with the licensee. (3) When considering suitability under subsection (2)(b), the Commission must consider the following criteria: (a) whether the person is a fit and proper person, having regard to character, honesty and integrity; (b) whether the person has any business association with any person, body or association who or which, in the opinion of the Commission, is not a fit and proper person, having regard to character, honesty and integrity or has undesirable or unsatisfactory financial resources.

215 Notice of proposed direction (1) Before issuing a direction under section 214(1), the Commission must give a written notice to the licensee and the person who is subject to the direction.

Racing and Wagering Act 2024 100 (2) The notice must include the following information: (a) the name of the licensee and the person whose association, arrangement or agreement is to be terminated; (b) the reason for the proposed direction; (c) the action to be taken to terminate the association, arrangement or agreement; (d) the right to respond under subsection (3). (3) The licensee and the person whose association, arrangement or agreement is to be terminated may submit a written response to the proposed direction with the Commission within 14 days after receiving the notice.

216 Issuing direction to terminate association, arrangement or agreement (1) The Commission must consider any response submitted under section 215(3) and decide whether to issue the direction or not. (2) If the Commission issues the direction, a copy must be given to the licensee and the person who is subject to the direction.

217 Compliance with direction (1) The licensee and person subject to a direction under section 214(1) must terminate their association, arrangement or agreement within 28 days after the date of the direction or any longer period allowed by the Commission. (2) If the association, arrangement or agreement is not terminated within the period required under subsection (1), the Commission may suspend the licence until the association, arrangement or agreement is terminated or for another period determined by the

218 Prohibition orders (1) An application may be made to the Local Court for an order to be made prohibiting a person from wagering on the grounds that the person's wagering has impoverished, or is likely to endanger the welfare of, the person or other persons.

Racing and Wagering Act 2024 101 (2) The Local Court hearing the application may do any of the (a) investigate the matters contained in the application; (b) hear evidence related to the application; (c) summon the person to appear, at a time and place specified in the summons, and to show cause why an order should not be made prohibiting the person from wagering; (d) summon a licensee to give evidence relevant to the application. (3) The Local Court may make an order prohibiting a person from making wagers with a licensee or entering the premises of a licensee or a racecourse if satisfied the person's wagering has impoverished, or is likely to endanger the welfare of, the person or other persons. (4) The order expires as may be specified in the order. (5) All proceedings under this section must be conducted in private and not open to the public.

219 Promotion of safe wagering (1) The Director and the Commission may engage in activities to promote safe wagering to the public or selected audiences. (2) The activities may include holding forums or sessions and publishing information about the following matters: (a) measures to reduce harm caused by unsafe wagering; (b) measures to encourage safe wagering; (c) information on wagering products, safe wagering tools and support services; (d) measures to prevent wagering by children and other persons prohibited from wagering.

Racing and Wagering Act 2024 102

Part 8 Complaints, investigations, disciplinary action and hearings

220 Making complaints (1) Any person may make a complaint in relation to: (a) an alleged contravention of this Act, the regulations, a code of practice approved or rules issued under this Act; or (b) a licensee's handling of a wager. (2) The complaint must: (a) be made in writing and, in the case of a complaint to the Commission, in the approved form; and (b) state the name and contact details of the person making the complaint; and (c) specify the ground for the complaint and the identity of the licensee or other person complained of.

221 Lodging complaints (1) A complaint in relation to an on-course bookmaker licensee's handling of a wager, must be lodged with the steward of the racecourse where the on-course bookmaker was located when the wager was made. (2) A complaint in relation to any matter other than a complaint specified in subsection (1) must be lodged with the Commission. (3) A complaint must be lodged within: (a) 14 days after the person became aware of the matter giving rise to the complaint; or (b) any later time, up to 2 years after the matter occurred, that is allowed by the Commission.

222 Investigation of complaint to Commission (1) The Director may, on behalf of the Commission, investigate a complaint lodged with the Commission under section 221(2).

Racing and Wagering Act 2024 103 (2) The Director may refuse to investigate a complaint if satisfied that: (a) the complaint is trivial, frivolous or vexatious; or (b) in the case of a complaint by a customer against a licensee – the customer has not raised the complaint with the licensee; or (c) no grounds exist for the complaint. (3) The Director must give the parties to the complaint written notice if the Director refuses to investigate the complaint for a reason mentioned in subsection (2). (4) The parties to a complaint being investigated by the Director may submit a written response regarding the complaint with the Director within the time specified by the Director in the written notice.

223 Action after investigation (1) After completing an investigation and considering any submissions received under section 222(4) in relation to the complaint, the Director must: (a) prepare a report on the investigation; and (b) give the report to the Commission. (2) A report prepared under subsection (1)(a) must: (a) summarise the findings of the investigation; and (b) attach any submissions received from the parties; and (c) include any relevant evidence obtained during the investigation; and (d) include any recommendations the Director may have in relation to the complaint.

224 Action by Commission in relation to complaints (1) The Commission must consider any report regarding the investigation of a complaint under section 223(1) given to the Commission by the Director.

Racing and Wagering Act 2024 104 (2) The Commission may, after considering the report, do the following: (a) take no action over the complaint if satisfied that: (i) there are no grounds or evidence to justify taking action; or (ii) the complaint does not warrant taking action; or (iii) the complaint was satisfactorily settled by the parties to the complaint; (b) issue a direction to a licensee to take specified action to resolve the complaint; (c) declare a wager to be void or valid; (d) schedule a hearing under section 232; (e) take disciplinary action if satisfied that there are grounds to do so. (3) The Commission must give a decision notice of the decision or action under subsection (2) to the parties to the complaint.

225 Director's investigation (1) The Director, on behalf of the Commission, may investigate a licensee or other person regulated under this Act in relation to: (a) the possible commission of an offence by the licensee or other person; or (b) any possible grounds for disciplinary action against a licensee. (2) After completing an investigation under subsection (1), the Director must: (a) prepare a report on the investigation; and (b) give the report to the Commission.

226 Action by Commission in relation to investigation (1) The Commission must consider any report regarding an investigation under section 225 given to the Commission by the Director.

Racing and Wagering Act 2024 105 (2) The Commission may, after considering the report, do the following: (a) accept any recommendation made by the Director in the report; (b) enter into an enforceable undertaking in relation to the matter; (c) take disciplinary action under section 228 if satisfied that there are grounds to do so; (d) issue any other notice or direction or make any other declaration available under this Act in relation to the matter; (e) schedule a hearing to be held under Division 4 to deal with the matter. (3) The Commission must give a decision notice of the decision made under subsection (2)(a) to (d) to any complainant and the licensee or other person under investigation.