Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
Australian Capital Territory
Racing Regulation 2010
SL2010-3
made under the
Racing Act 1999
Republication No 6
Effective: 24 August 2022
Republication date: 24 August 2022
Last amendment made by A2022-14
Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au
About this republication
The republished law
This is a republication of the Racing Regulation 2010, made under the Racing Act 1999 (including
any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force
on 24 August 2022. It also includes any commencement, amendment, repeal or expiry affecting
this republished law to 24 August 2022.
The legislation history and amendment history of the republished law are set out in endnotes 3
and 4.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT
legislation register at www.legislation.act.gov.au):
• authorised republications to which the Legislation Act 2001 applies
• unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial
amendments and other changes of a formal nature when preparing a law for republication.
Editorial changes do not change the effect of the law, but have effect as if they had been made by
an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The
changes are made if the Parliamentary Counsel considers they are desirable to bring the law into
line, or more closely into line, with current legislative drafting practice.
This republication includes amendments made under part 11.3 (see endnote 1).
Uncommenced provisions and amendments
If a provision of the republished law has not commenced, the symbol U appears immediately
before the provision heading. Any uncommenced amendments that affect this republished law
are accessible on the ACT legislation register (www.legislation.act.gov.au). For more
information, see the home page for this law on the register.
Modifications
If a provision of the republished law is affected by a current modification, the
symbol M appears immediately before the provision heading. The text of the modifying
provision appears in the endnotes. For the legal status of modifications, see the Legislation
Act 2001, section 95.
Penalties
At the republication date, the value of a penalty unit for an offence against this law is $160 for an
individual and $810 for a corporation (see Legislation Act 2001, s 133).
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contents 1
Authorised by the ACT Parliamentary Counsel—also accessible at
Australian Capital Territory
Racing Regulation 2010
made under the
Racing Act 1999
Contents
Page
1 Name of regulation 2
3 Dictionary 2
4 Notes 2
5 Prescribed information for application for, or renewal of, approval—
Act, s 61J (2) (b) and s 61P (3) (b) 2
6 Prescribed matters to be considered or disregarded in deciding
application for, or renewal of, approval—Act, s 61K (2) (b) and
s 61Q (2) (b) 4
6A Suitable person—Act, s 61L (1) (f) 5
7 Prescribed conditions of approval or renewal—Act, s 61N (a) 5
8 Tribunal members eligibility requirement—Act, sch 1, s 1.1 (4) 7
Contents
Page
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Dictionary 8
Endnotes
1 About the endnotes 11
2 Abbreviation key 11
3 Legislation history 12
4 Amendment history 13
5 Earlier republications 15
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Australian Capital Territory
Racing Regulation 2010
made under the
Racing Act 1999
Section 1
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1 Name of regulation
This regulation is the Racing Regulation 2010.
3 Dictionary
The dictionary at the end of this regulation is part of this regulation.
Note 1 The dictionary at the end of this regulation defines certain terms used in
this regulation.
Note 2 A definition in the dictionary applies to the entire regulation unless the
definition, or another provision of the regulation, provides otherwise or
the contrary intention otherwise appears (see Legislation Act, s 155 and
s 156 (1)).
4 Notes
A note included in this regulation is explanatory and is not part of this
regulation.
Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.
5 Prescribed information for application for, or renewal of,
approval—Act, s 61J (2) (b) and s 61P (3) (b)
(1) The following information is prescribed:
(a) the name and contact details of the applicant;
(b) details of the proposed use of race field information (including
the race to which the approval is to relate and the time and
manner of use);
(c) details of the applicant’s licence or authority to conduct a
wagering business—
(i) under a law of the Territory, a State or an external territory;
or
Section 5
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(ii) issued by a controlling body, a corresponding body, or a
racing authority of the Territory, a State or an external
territory;
Note State includes the Northern Territory—see the Legislation
Act, dict, pt 1.
(d) details of the kinds of wagering offered by the applicant;
(e) details of the applicant’s history of wagering operations and use
of race field information (including details of the applicant’s
past wagering turnover in relation to races conducted in the
ACT);
(f) details of the criminal history (if any) of—
(i) if the applicant is an individual—the applicant, key
employees and close associates of the applicant that are
known to the applicant; or
(ii) if the applicant is a corporation—key employees and close
associates of the applicant that are known to the applicant;
(g) details of any disciplinary action under any legislation, rules of
racing or betting (whether in the ACT or elsewhere) or external
greyhound racing legislation or rules that has been taken
against—
(i) if the applicant is an individual—the applicant, key
employees and close associates of the applicant that are
known to the applicant; or
(ii) if the applicant is a corporation—key employees and close
associates of the applicant that are known to the applicant;
(h) details of the applicant’s policy and procedure for dealing with
racing integrity issues relating to races conducted in the ACT.
Examples—racing integrity issues
suspect betting transactions, fraud
Section 6
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(2) In this section:
key employee, in relation to an applicant for an approval, means a
person (whether or not engaged under a contract of service) who is—
(a) employed in a managerial or supervisory capacity in relation to
the conduct of a wagering business by the applicant; or
(b) authorised to make decisions, involving the exercise of the
person’s discretion, that regulate the operations of the applicant
in relation to the conduct of a wagering business; or
(c) concerned or engaged, in any way, in the conduct of a wagering
business by the applicant.
6 Prescribed matters to be considered or disregarded in
deciding application for, or renewal of, approval—Act,
s 61K (2) (b) and s 61Q (2) (b)
(1) A relevant controlling body must consider whether issuing, or
renewing, the approval will undermine the integrity of the conduct of
races in the ACT for which the relevant controlling body has
responsibility.
(2) A relevant controlling body must disregard—
(a) the location in Australia in which the applicant—
(i) for an individual—lives or carries out the individual’s
activities; or
(ii) for a corporation—has its head office or principal place of
business; and
(b) the jurisdiction under which the applicant is licensed or
authorised to conduct a wagering business.
Section 6A
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6A Suitable person—Act, s 61L (1) (f)
In deciding whether an applicant is a suitable person to hold an
approval, the relevant controlling body must have regard to whether
a prosecution or disciplinary action is proceeding under external
greyhound racing legislation or rules against—
(a) the applicant; or
(b) an employee of the applicant; or
(c) an entity with which the applicant has a business association.
7 Prescribed conditions of approval or renewal—Act,
s 61N (a)
(1) The following conditions are prescribed:
(a) the licensed wagering operator must give the relevant
controlling body access to all the operator’s betting information
and analyses in relation to the race field information covered by
the approval;
(b) the licensed wagering operator must, if reasonably required by
the relevant controlling body, allow the body to monitor
wagering activity, including activity relating to—
(i) bets held on races conducted in the ACT; and
(ii) bets paid; and
(iii) bet backs; and
(iv) any betting account that is used for betting on an authorised
race meeting in the ACT;
(c) the licensed wagering operator must use an operating and
recording system, whether computerised or not, that—
(i) includes measures to prevent unauthorised access and
unauthorised changes to data; and
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(ii) provides an audit trail for all wagering activity that relates
to authorised race meetings in the ACT;
(d) the licensed wagering operator must not open an account for
betting for a person unless the person has properly established
their identity;
Example—properly establishing identity
providing 100 points of identification as commonly required by authorised
deposit-taking institutions
(e) the licensed wagering operator must not open or maintain an
account for betting if the operator knows the account is for a
person who—
(i) is disqualified or suspended from participation in racing
under racing, gaming or wagering legislation, a rule of
racing or betting (in the ACT or elsewhere) or external
greyhound racing legislation or rules; or
(ii) is subject to a warning-off notice issued by a defined entity;
(f) the licensed wagering operator must, within a reasonable time
stated by the relevant controlling body—
(i) give information to an inquiry or investigation; and
(ii) cooperate with an inquiry or investigation;
(g) if any part of a licensed wagering operator’s business involves
online wagering—the operator must participate in an online
wagering monitoring system if reasonably required to do so by
the relevant controlling body;
(h) the licensed wagering operator must notify the relevant
controlling body of any of the following happening, within
14 days after the day it happens:
(i) an entity stops having a controlling interest in the
operator’s business;
Section 8
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(ii) an entity starts having a controlling interest in the
operator’s business;
(iii) a prosecution or disciplinary action is started under racing,
gaming or wagering legislation, a rule of racing or betting
(in the ACT or elsewhere) or external greyhound racing
legislation or rules against—
(A) the operator; or
(B) an entity with a controlling interest in the operator; or
(C) an employee of the operator;
(iv) a significant change in the financial circumstances of the
operator.
Example—significant change in financial circumstances
1 insolvency
2 a significant change in the wagering turnover
(2) In this section:
warning-off notice means a notice stating that a person is not
permitted to enter a racecourse.
8 Tribunal members eligibility requirement—Act, sch 1,
s 1.1 (4)
(1) A person is not eligible to be a member of the tribunal if the person
is registered with, or licensed by, an external greyhound racing body
other than as the owner of a dog.
(2) In this section:
external greyhound racing body means a body in another
jurisdiction, within or outside Australia, that performs functions
relating to the administration and control of greyhound racing.
Dictionary
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Dictionary
(see s 3)
Note 1 The Legislation Act contains definitions and other provisions relevant to
this regulation.
Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms:
• entity
• external territory
• person
• State.
Note 3 Terms used in this regulation have the same meaning that they have in
the Racing Act 1999 (see Legislation Act, s 148). For example, the
following terms are defined in the Racing Act 1999, dict:
• betting exchange
• controlling body
• harness club
• racing club
• rules of harness racing
• rules of thoroughbred racing
• tribunal.
approval holder means a licensed wagering operator who has an
approval to use race field information.
bet back means a bet by a bookmaker on 1 or more runners in a race
if the bet is made to offset, completely or partly, the bookmaker’s
liability for bets made with the bookmaker on the race.
Dictionary
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bets held on races conducted in the ACT, by a licensed wagering
operator—
(a) means—
(i) all bets and wagers accepted by the operator for any race
conducted in the ACT whether or not the actual amount
owing has been paid; and
(ii) the aggregate of all bets or wagers placed by the operator’s
customers on a betting exchange for any race conducted in
the ACT; but
Note Aggregate bets on a betting exchange, is the backer’s side
of wagers made by the licensed wagering operator’s
customers through the operation of the betting exchange,
whether or not the betting exchange is a party to the
wagering contract.
(b) does not include—
(i) free or complimentary bets taken for a race conducted in
the ACT; or
(ii) multi-leg bets that include at least 1 race conducted outside
the ACT.
bets paid, in relation to a licensed wagering operator—
(a) means all bets and wagers paid or settled by the operator for any
race conducted in the ACT; but
(b) does not include—
(i) payments made by the operator on any free or
complimentary bets that were accepted; or
(ii) payments made by the operator on multi-leg bets that
include at least 1 race conducted outside the ACT; or
(iii) unclaimed bets or dividends of the operator.
Dictionary
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defined entity means any of the following:
(a) Greyhounds Australasia Ltd (ACN 106 879 903);
(b) Harness Racing Australia Incorporated;
(c) Racing Australia Limited (ACN 105 994 330);
(d) the harness club;
(e) the racing club;
(f) the tribunal;
(g) another entity that controls, supervises or regulates racing in the
ACT, a State or external territory.
external greyhound racing legislation or rules means—
(a) legislation relating to greyhound racing in another jurisdiction,
within or outside Australia; or
(b) rules of racing or betting relating to greyhound racing in another
jurisdiction, within or outside Australia.
rule of racing or betting includes a rule from the rules of—
(a) harness racing; or
(b) thoroughbred racing.
wagering turnover, of a licensed wagering operator, for a financial
year means—
(a) the total amount of bets held on races conducted in the ACT;
less
(b) the amount of any bet back on any race conducted in the ACT
in the year.
Endnotes
About the endnotes 1
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
3 Legislation history
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3 Legislation history
The Racing Regulation 2010 was originally the Racing (Race Field Information)
Regulation 2010. It was renamed by the Racing (Greyhounds) Amendment Act 2017
A2017-43 (see amdt 1.4).
Racing Regulation 2010 SL2010-3
notified LR 25 January 2010
s 1, s 2 commenced 25 January 2010
remainder commenced 1 March 2010 (s 2 and see Racing Amendment
Act 2009 A2009-53 s 2)
as amended by
Racing Amendment Act 2013 A2013-1 pt 3
notified LR 20 February 2013
s 1, s 2 commenced 20 February 2013
pt 3 commenced 1 March 2013 (s 2 and CN2013-1)
Racing (Race Field Information) Amendment Regulation 2013 (No 1)
SL2013-3
notified LR 28 February 2013 February 2013
s 1, s 2 commenced 28 February 2013 February 2013
remainder commenced 1 March 2013 (s 2 and see Racing Amendment
Act 2013 A2013-1, s 2 and CN2013-1))
Gaming and Racing (Red Tape Reduction) Legislation Amendment
Act 2016 A2016-45 pt 7
notified LR 19 August 2016
s 1, s 2 commenced 19 August 2016 (LA s 75 (1))
pt 7 commenced 1 September 2016 (s 2 (1))
Racing (Greyhounds) Amendment Act 2017 A2017-43 sch 1 pt 1.3
notified LR 5 December 2017
s 1, s 2 commenced 5 December 2017 (LA s 75 (1))
sch 1 pt 1.3 commenced 30 April 2018 (s 2)
Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.36
notified LR 10 August 2022
s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
sch 3 pt 3.36 commenced 24 August 2022 (s 2)
Endnotes
Amendment history 4
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4 Amendment history
Name of regulation
s 1 sub A2017-43 amdt 1.4
Commencement
s 2 om LA s 89 (4)
Prescribed information for application for, or renewal of, approval—Act,
s 61J (2) (b) and s 61P (3) (b)
s 5 sub A2013-1 s 34
am A2017-43 amdt 1.5; A2022-14 amdt 3.199
Prescribed matters to be considered or disregarded in deciding application
for, or renewal of, approval—Act, s 61K (2) (b) and s 61Q (2) (b)
s 6 sub A2013-1 s 34
am A2022-14 amdt 3.200
Suitable person—Act, s 61L (1) (f)
s 6A ins A2017-43 amdt 1.6
Prescribed conditions of approval or renewal—Act, s 61N (a)
s 7 sub A2013-1 s 34
am A2017-43 amdt 1.7; amdt 1.8
Tribunal members eligibility requirement—Act, sch 1, s 1.1 (4)
s 8 om A2013-1 s 34
ins A2017-43 amdt 1.9
Monthly payment of race field information charge—Act, s 61S (3)
s 9 om A2013-1 s 34
Annual payment of race field information charge—Act, s 61S (3)
s 10 om A2013-1 s 34
Administration fee—Act, s 61U (3)
s 11 om A2013-1 s 34
Modification of Act, pt 10—Act, s 104
s 20 ins SL2013-3 s 4
exp 1 March 2014 (s 20 (2))
Modification of Act
sch 1 ins SL2013-3 s 5
exp 1 March 2014 (s 20 (2))
Endnotes
4 Amendment history
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Dictionary
dict am A2013-1 s 35, s 36; A2017-43 amdt 1.10, amdt 1.11
def bet back ins A2013-1 s 37
def bets held on races conducted in the ACT ins A2013-1
s 37
def bets paid ins A2013-1 s 37
def defined entity am A2016-45 s 69; A2017-43 amdt 1.12;
pars renum R5 LA
def external greyhound racing legislation or rules
ins A2017-43 amdt 1.13
def rule of racing or betting sub A2017-43 amdt 1.14
def wagering turnover ins A2013-1 s 37
def warning-off notice om A2013-1 s 38