Totalisator Act 2014 (ACT)

Mechanically, the Totalisator Act 2014 (as republished to 5 January 2026) creates a single, regulated regime for the conduct of totalisators in the Australian Capital Territory. The Act:

Establishes the licence model. Only one licence may be in force at any time (s 12). A person may apply for a licence to conduct a totalisator for races, computer simulated racing events, or sports bookmaking events (s 7). The Minister must either issue or refuse a licence on application (s 11(1)), and may only issue a licence to a corporation that is an eligible person (s 11(2)(a) and s 24).
Defines the product and apparatus covered. The Act defines totalisator, totalisator equipment, and totalisator system (s 6). Use of a system or equipment not approved by the commission is an offence (ss 38-39).
Allocates regulatory roles. The gambling and racing commission (the commission) exercises approval, inspection, rule approval, disciplinary investigation and advice functions (see Parts 3, 5, 6, 8); the Minister issues licences, makes determinations about commission rates and tax, and may give directions and suspend licences (ss 10, 11, 31-33, 43-44, 51). The Minister’s functions under the Act are non‑delegable (s 74).
Sets finance mechanics. The licensee may deduct commission on wagers up to a rate determined by the Minister, expressed as a percentage not exceeding 25% (s 32). The Minister may also determine rates and methods for a tax on totalisator operations and when it is payable; monthly returns are required (ss 33-34). Determinations are disallowable instruments (ss 32(3), 33(3), 75(2)).
Requires approvals and testing. The commission may approve totalisator systems and equipment and conditions; changes to approved systems or equipment require further approval; the licensee pays reasonable testing costs (ss 38-41).

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Totalisator Act 2014 A2014-4 Republication No 7 Effective: 5 January 2026 Republication date: 5 January 2026 Last amendment made by A2025-29

Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au About this republication The republished law This is a republication of the Totalisator Act 2014 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 5 January 2026. It also includes any commencement, amendment, repeal or expiry affecting this republished law to 5 January 2026. 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).

R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 contents 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Totalisator Act 2014 Contents Page Part 1 Preliminary 1 Name of Act 2 3 Dictionary 2 4 Notes 2 5 Offences against Act—application of Criminal Code etc 3 6 Meaning of totalisator, totalisator equipment and totalisator system 3 Part 2 Licence to conduct totalisator Division 2.1 Application for licence 7 Licence—application 4 8 Additional information to be included in application 4 9 Change of information to be provided 4 10 Advice about application 5

Contents Page contents 2 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Division 2.2 Licence 11 Licence—issue 5 12 Licence to be exclusive 5 13 Licence term 5 14 Licensee may engage agent 5 15 Licence does not include proprietary right 6 16 Licence conditions 6 17 Consultation on certain amendments 6 18 Amendment of licence on application 7 19 Compliance with code of practice 8 20 Transfer of licence 8 21 Surrender of licence 8 22 Conducting totalisator without licence 8 23 Operating totalisator equipment without licence 9 Division 2.3 Eligibility of licensee 24 Eligibility of corporations 9 25 Eligibility of individuals 11 Division 2.4 Totalisator betting 26 Conduct of totalisator betting activities 12 Part 3 Commission’s powers in relation to executive officers 27 Exercise of powers must be relevant to executive officer’s eligibility 14 28 Commission may request information about executive officers 14 29 Commission may require executive officers to give information 14 30 Destruction of fingerprints 16 Part 4 Finance 31 Consultation on proposed determinations 17 32 Commission on totalisator betting 17 33 Tax on totalisator operations 18 34 Monthly tax returns 18 35 Liability for tax not affected by finding of guilt in tax offence 18 36 Unclaimed dividends, refunds and roundings 19 37 Other unclaimed money 19

Contents Page R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 contents 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Totalisator approval 38 Approval of totalisator system 20 39 Approval of totalisator equipment 20 40 Suspension of totalisator equipment approval 21 41 Cost of testing totalisator system and totalisator equipment 21 Part 6 Enforcement Division 6.1 Notice of changed circumstances 42 Licensees to tell commission of changed circumstances 22 Division 6.2 Directions by Minister 43 Directions by Minister—integrity of totalisator compromised 22 44 Immediate suspension of licence 23 Division 6.3 Disciplinary action against licensee 45 Definitions—div 6.3 24 46 Grounds for disciplinary action against licensee 24 47 Disciplinary action against licensee 25 48 Criteria for disciplinary action against licensee 26 49 When disciplinary notice must be given to licensee 26 50 Taking disciplinary action against licensee 27 51 Suspension or cancellation of licence 28 52 Rectification direction as alternative to disciplinary action 29 Division 6.4 Issue of temporary licence 53 Temporary licence—issue 29 Division 6.5 Offences relating to totalisator 54 Credit betting 30 55 Totalisator advertising 31 56 Betting on behalf of child 31 57 Using premises in contravention of Act 32 58 Accepting bet in contravention of rules or Act 33 59 Selling etc ticket in relation to bet 33 60 Buying ticket from unauthorised person 33 61 Accepting bet after closing time 34 62 Agent failing to account to licensee 34 63 Misrepresenting authority as agent 34

Contents Page contents 4 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 64 Unauthorised use of telephone and internet betting credit accounts 35 Part 7 Notification and review of decisions 65 Meaning of reviewable decision—pt 7 36 66 Reviewable decision notices 36 67 Applications for review 36 Part 8 Administration 68 Licensee’s records 37 69 No right to compensation for cancellation etc of licence 37 70 Totalisator rules 37 71 Changing totalisator rules 38 72 Display etc of totalisator rules 40 73 Betting accounts 40 74 No delegation by Minister 41 75 Determination of fees etc 41 76 Regulation-making power 41 Schedule 1 Reviewable decisions 42 Dictionary 43 Endnotes 1 About the endnotes 46 2 Abbreviation key 46 3 Legislation history 47 4 Amendment history 48 5 Earlier republications 51 6 Expired transitional or validating provisions 52

R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 1 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Australian Capital Territory Totalisator Act 2014 An Act to provide for the conduct of totalisators and the regulation of totalisator betting, and for other purposes

Part 1 Preliminary Section 1 page 2 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 1 Preliminary 1 Name of Act This Act is the Totalisator Act 2014. 3 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere. For example, the signpost definition ‘sports bookmaking event—see the Race and Sports Bookmaking Act 2001, dictionary.’ means that the term ‘sports bookmaking event’ is defined in that dictionary and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). 4 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Preliminary Part 1 Section 5 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 3 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Offences against Act—application of Criminal Code etc Other legislation applies in relation to offences against this Act. Note 1 Criminal Code The Criminal Code, ch 2 applies to all offences against this Act (see Code, pt 2.1). The chapter sets out the general principles of criminal responsibility (including burdens of proof and general defences), and defines terms used for offences to which the Code applies (eg conduct, intention, recklessness and strict liability). Note 2 Penalty units The Legislation Act, s 133 deals with the meaning of offence penalties that are expressed in penalty units. 6 Meaning of totalisator, totalisator equipment and totalisator system In this Act: totalisator means a totalisator system, and includes— (a) an on-course totalisator and an off-course totalisator; and (b) totalisator equipment. totalisator equipment means any of the following in relation to a totalisator system: (a) an instrument; (b) computer hardware or software; (c) communication equipment; (d) any other equipment used in connection with the totalisator system. totalisator system means a system used to enable people to bet money on events or contingencies with a view to successfully predicting stated outcomes of the events or contingencies and to enable money left after the deduction of commission to be divided and distributed among the people who successfully predict the outcomes.

Part 2 Licence to conduct totalisator Division 2.1 Application for licence Section 7 page 4 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 2 Licence to conduct totalisator Division 2.1 Application for licence 7 Licence—application A person may apply to the Minister for a licence to conduct a totalisator in the ACT for betting on any of the following happening in or outside the ACT: (a) a race; (b) a computer simulated racing event; (c) a sports bookmaking event. 8 Additional information to be included in application (1) The Minister may, in writing, require the applicant to give the Minister additional information or documents that the Minister reasonably needs to decide the application. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) If the applicant does not comply with a requirement made of the applicant under subsection (1), the Minister may refuse to consider the application further. 9 Change of information to be provided (1) This section applies if the information in an application changes before the application is decided. (2) The applicant must give the Minister written notice of the particulars of the change. Note For how documents may be given, see the Legislation Act, pt 19.5.

Licence to conduct totalisator Part 2 Licence Division 2.2 Section 10 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 5 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 10 Advice about application (1) The Minister may refer an application to the commission for advice on anything in relation to the application that the Minister considers appropriate. (2) If the Minister refers an application to the commission for advice, the Minister must consider the commission’s advice when deciding whether to issue a licence. Division 2.2 Licence 11 Licence—issue (1) On application by a person under section 7, the Minister must— (a) issue a licence to the person; or (b) refuse to issue a licence to the person. (2) The Minister must not issue a licence to the person unless the person— (a) is a corporation; and (b) is an eligible person. 12 Licence to be exclusive Only 1 licence may be in force under this Act at any time. 13 Licence term A licence is issued for the period stated in the licence. 14 Licensee may engage agent A licensee may engage someone else to do either or both of the following as the licensee’s agent in relation to the licence: (a) conduct the totalisator; (b) carry out the licensee’s functions under the licence.

Part 2 Licence to conduct totalisator Division 2.2 Licence Section 15 page 6 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 15 Licence does not include proprietary right (1) A licence— (a) does not confer a right of property on the licensee; and (b) cannot be assigned; and (c) cannot be mortgaged, charged or otherwise encumbered. (2) However, subsection (1) does not stop a licensee conducting an activity authorised by the licence in a joint venture or other arrangement to which the licensee is a party. 16 Licence conditions A licence is subject to any condition the Minister puts on the licence when issuing the licence or by written notice given to the licensee at any other time. 17 Consultation on certain amendments (1) This section applies if— (a) the Minister proposes to amend a licensee’s licence (including by adding or amending a condition of the licence); and (b) the amendment will, or is likely to, have a material monetary impact on the licensee. (2) The Minister must not amend the licence in the way proposed unless— (a) the Minister has given the licensee written notice of the proposed amendment; and (b) the notice states that written comments on the proposal may be made to the Minister before the end of a stated period of at least 180 days after the day the notice is given to the licensee; and (c) the Minister has considered any written comments made before the end of the stated period. Note For how documents may be given, see the Legislation Act, pt 19.5.

Licence to conduct totalisator Part 2 Licence Division 2.2 Section 18 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 7 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (3) Subsection (2) does not apply if— (a) the licensee applied for, or agreed in writing to, the amendment; or (b) the amendment relates to action taken by the commission under division 6.3 (Disciplinary action against licensee). 18 Amendment of licence on application (1) A licensee may apply to the Minister to amend the licence (including by removing or amending a condition of the licence). (2) The Minister may, in writing, require the licensee to give the Minister additional information or documents that the Minister reasonably needs to decide the application. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) If the licensee does not comply with a requirement made of the licensee under subsection (2), the Minister may refuse to consider the application further. (4) The Minister— (a) may refer an application to the commission for advice; and (b) must consider the commission’s advice when deciding whether to amend the licence. (5) On application by a licensee to amend a licence, the Minister must— (a) amend the licence in the way applied for; or (b) amend the licence in another way the Minister considers appropriate; or (c) refuse to amend the licence.

Part 2 Licence to conduct totalisator Division 2.2 Licence Section 19 page 8 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 19 Compliance with code of practice A licensee must comply with any code of practice prescribed under the Control Act that applies to the licensee. Note A failure to comply with the code of practice is a ground for disciplinary action (see s 46 (1) (c)). 20 Transfer of licence A licence is not transferable. 21 Surrender of licence (1) This section applies to a licensee if the licensee does not owe the Territory an amount under this Act. (2) The licensee may surrender the licence by giving written notice of the surrender to the Minister. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The surrender of the licence takes effect 4 weeks after the day the notice under subsection (2) is given to the Minister or, if the notice states a later date of effect, on that date. 22 Conducting totalisator without licence A person commits an offence if the person— (a) conducts a totalisator in the ACT; and (b) does not have a licence to conduct the totalisator. Maximum penalty: 100 penalty units, imprisonment for 12 months or both.

Licence to conduct totalisator Part 2 Eligibility of licensee Division 2.3 Section 23 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 9 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 23 Operating totalisator equipment without licence A person commits an offence if the person— (a) operates totalisator equipment in the ACT in relation to a totalisator; and (b) does not have a licence to conduct the totalisator. Maximum penalty: 100 penalty units, imprisonment for 12 months or both. Division 2.3 Eligibility of licensee 24 Eligibility of corporations (1) For this Act, a corporation is an eligible person if— (a) each influential person of the corporation is an eligible person; and (b) the corporation is not the subject of a winding-up order, and has not been the subject of a winding-up order in the last 3 years; and (c) a controller or administrator has not been appointed for the corporation in the last 3 years; and (d) the commission believes on reasonable grounds that the corporation— (i) has, or has arranged, a satisfactory ownership or corporate structure; and (ii) has a reputation for sound business conduct; and (iii) has a satisfactory financial position and financial background.

Part 2 Licence to conduct totalisator Division 2.3 Eligibility of licensee Section 24 page 10 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) Despite subsection (1), the Minister or commission may decide that a corporation is an eligible person if satisfied that— (a) the operation of the totalisator would not be adversely affected if the Minister or commission decided that the individual is an eligible person; and (b) it is otherwise in the public interest that the corporation be treated as an eligible person. (3) In this section: influential owner, of a corporation, means a person who, whether directly or through intermediary corporate ownership or nominees— (a) can control at least 5% of the votes at an annual general meeting of the corporation; or (b) can control the appointment of a director of the corporation. influential person, of a corporation— (a) means any of the following: (i) an executive officer of the corporation; (ii) a related corporation; (iii) an executive officer of a related corporation; (iv) an influential owner of the corporation; and (b) includes a person who, though not mentioned in paragraph (a), can exercise as much influence over the conduct of the corporation as someone mentioned in that paragraph. related corporation means a related body corporate under the Corporations Act.

Licence to conduct totalisator Part 2 Eligibility of licensee Division 2.3 Section 25 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 11 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 25 Eligibility of individuals (1) For this Act, an individual is an eligible person if— (a) the individual— (i) is an adult; and (ii) has not been convicted, or found guilty, in the last 5 years, whether in the ACT or elsewhere, of an offence— (A) involving fraud or dishonesty; or (B) against a law about gaming; and (iii) has not been convicted, or found guilty, in Australia in the last 5 years of an offence punishable by imprisonment for at least 1 year; and (iv) has not been convicted, or found guilty, outside Australia in the last 5 years of an offence that, if it had been committed in the ACT, would have been punishable by imprisonment for at least 1 year; and (v) is not, or at any time in the last 5 years has not been, bankrupt or personally insolvent; and Note Bankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1. (vi) at any time in the last 5 years was not involved in the management of a corporation when— (A) the corporation became the subject of a winding-up order; or (B) a controller or administrator was appointed; and (vii) has not contravened the totalisator rules or this Act; and

Part 2 Licence to conduct totalisator Division 2.4 Totalisator betting Section 26 page 12 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the commission believes on reasonable grounds that the individual— (i) has a reputation for sound business conduct; and (ii) has a reputation for sound character; and (iii) has a satisfactory financial position and financial background. (2) Despite subsection (1), the Minister or commission may decide that an individual is an eligible person if satisfied that— (a) the operation of the totalisator would not be adversely affected if the Minister or commission decided that the individual is an eligible person; and (b) it is otherwise in the public interest that the individual be treated as an eligible person. Division 2.4 Totalisator betting 26 Conduct of totalisator betting activities (1) A licensee may accept a totalisator bet if the bet is made in accordance with the totalisator rules and this Act. (2) A person may place with the licensee a bet mentioned in subsection (1) and a person dealing with the licensee, or with an employee or agent of the licensee, in good faith is entitled to assume that the bet complies with the totalisator rules and this Act. (3) The licensee and its employees or agents must only accept bets (including bets by telephone or internet) at the offices or agencies of the licensee. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Licence to conduct totalisator Part 2 Totalisator betting Division 2.4 Section 26 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 13 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The licensee may accept bets by telephone or internet if the person intending to place the bet authorises payment of the amount of the bet from an account that— (a) was established with the licensee before the beginning of the race, computer simulated racing event or sports bookmaking event in relation to which the bet is to be placed; and (b) contains sufficient money, at the time of making the bet, to pay the amount of the bet. (5) A contract that arises from the acceptance of a bet by or on behalf of the licensee from a person outside the ACT is taken to have been entered into in the ACT.

Part 3 Commission’s powers in relation to executive officers Section 27 page 14 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 3 Commission’s powers in relation to executive officers 27 Exercise of powers must be relevant to executive officer’s eligibility (1) This section applies to a function of the commission under this part. (2) The commission may exercise the function only to assess whether an executive officer of a corporation is an eligible person. 28 Commission may request information about executive officers The commission may, by written notice given to a licensee, require the licensee to give the commission— (a) the names of all the licensee’s executive officers; and (b) the positions held by, and the duties of, the executive officers; and (c) any other information about the executive officers that the commission considers relevant that is stated in the notice. Note For how documents may be given, see the Legislation Act, pt 19.5. 29 Commission may require executive officers to give information (1) The commission may, by written notice given to an executive officer of a licensee, require the officer to— (a) consent, in accordance with the directions in the notice, to the officer’s fingerprints and palm prints being taken by a police officer; and (b) provide, in accordance with the directions in the notice, the officer’s photograph; and

Commission’s powers in relation to executive officers Part 3 Section 29 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 15 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) provide, in accordance with the directions in the notice, the information in relation to the officer stated in the notice; and (d) produce, in accordance with the directions in the notice, the documents in relation to the officer stated in the notice, and permit the examination and copying of, and the taking of extracts from, the documents; and (e) consent to a police officer— (i) checking the officer’s criminal record using the officer’s fingerprints; and (ii) reporting the results of the check to the commission; and (f) provide authorities and consents necessary for the commission to obtain further information from other people. Note 1 An executive officer who fails to comply with a requirement under this subsection is no longer an eligible person (see s 25 (1) (a) (vii)). Note 2 It is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4). Note 3 For how documents may be given, see the Legislation Act, pt 19.5. (2) A person cannot rely on the common law privileges against self-incrimination and exposure to the imposition of a civil penalty to refuse to comply with a requirement under subsection (1). Note The Legislation Act, s 171 deals with client legal privilege. (3) However, any information, document or thing obtained, directly or indirectly, because of the person’s compliance with a requirement under subsection (1) is not admissible in evidence against the person in a civil or criminal proceeding, other than a proceeding for an offence against— (a) this Act; or (b) the Criminal Code, part 3.4 (False or misleading statements, information and documents).

Part 3 Commission’s powers in relation to executive officers Section 30 page 16 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 30 Destruction of fingerprints If a police officer takes a fingerprint or palm print of an executive officer under a consent under section 29 (1), the chief police officer must— (a) ensure that a copy of the print is given to the person; and (b) ensure that the print and any copy not given to the person is destroyed; and (c) tell the person in writing about the destruction.

Finance Part 4 Section 31 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 17 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 4 Finance 31 Consultation on proposed determinations The Minister must not make a determination under section 32 or section 33 unless— (a) the Minister has given the licensee written notice of the proposed determination; and (b) the notice states that written comments on the proposed determination may be made to the Minister before the end of a stated period of at least 180 days after the notice is given to the licensee; and (c) the Minister has considered any written comments made before the end of the stated period. Note For how documents may be given, see the Legislation Act, pt 19.5. 32 Commission on totalisator betting (1) A licensee may deduct from the total amount bet on each totalisator conducted by the licensee, an amount as commission that is not more than the amount determined by the Minister. (2) The determined amount must be— (a) expressed as a percentage of the total amount bet on the totalisator; and (b) not more than 25% of the total amount bet on the totalisator. (3) A determination is a disallowable instrument.

Part 4 Finance Section 33 page 18 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 33 Tax on totalisator operations (1) A licensee must pay to the Territory tax, at the rate determined for a period, on the operations of the totalisator conducted by the licensee in the period. (2) The Minister may determine— (a) the rate of tax for a period; and (b) how the tax is worked out; and (c) when the tax is payable. Note Power to make a statutory instrument includes power to make different provision in relation to different matters or different classes of matters, and to make an instrument that applies differently by reference to stated exceptions or factors (see Legislation Act, s 48). (3) A determination is a disallowable instrument. 34 Monthly tax returns Within 10 days after the end of each month, the licensee must give the commission a written return relating to— (a) the total amount bet on each totalisator conducted by the licensee in the month; and (b) the profit derived from the operation of each totalisator conducted by the licensee in the month. Note For how documents may be given, see the Legislation Act, pt 19.5. 35 Liability for tax not affected by finding of guilt in tax offence (1) This section applies if a licensee is convicted or found guilty of an offence in relation to the payment of tax under this Act. (2) The conviction or finding of guilt does not affect the licensee’s liability to pay the tax.

Finance Part 4 Section 36 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 19 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 36 Unclaimed dividends, refunds and roundings (1) A licensee is entitled to— (a) any dividend declared, or other amount refundable to a person, in relation to an event or contingency on which the licensee conducts a totalisator, that is not claimed after the event or contingency happens; and (b) roundings. (2) However, a person who is entitled to a dividend or other amount mentioned in subsection (1) (a) may claim the amount from the licensee within 1 year after the event or contingency happened. (3) In this section: rounding means an amount that would ordinarily form part of a dividend but is retained by a licensee because the amount worked out as the dividend is rounded down. 37 Other unclaimed money (1) Any unclaimed money held by a person under this Act must be paid to the Territory. (2) In this section: unclaimed money— (a) means money that is not claimed by anyone; but (b) does not include money to which section 36 applies.

Part 5 Totalisator approval Section 38 page 20 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 5 Totalisator approval 38 Approval of totalisator system (1) The commission may approve a totalisator system, or a change to an approved totalisator system. (2) A licensee must not use a totalisator system if the system is not approved by the commission. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) A licensee must not make a change to an approved totalisator system if the change is not approved by the commission. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (4) The commission may approve a totalisator system on conditions the commission considers appropriate. (5) An approval under this section is a notifiable instrument. 39 Approval of totalisator equipment (1) The commission may approve totalisator equipment, or a change to approved totalisator equipment. (2) A licensee must not use totalisator equipment in connection with a totalisator if the equipment is not approved by the commission. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. (3) A licensee must not make a change to approved totalisator equipment if the change is not approved by the commission. Maximum penalty: 50 penalty units, imprisonment for 6 months or both.

Totalisator approval Part 5 Section 40 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 21 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The commission may approve totalisator equipment on conditions the commission considers appropriate. (5) An approval under this section is a notifiable instrument. 40 Suspension of totalisator equipment approval (1) The commission may suspend the approval of totalisator equipment if— (a) the equipment no longer operates as designed; or (b) the equipment no longer operates as intended. (2) If the approval of totalisator equipment is suspended under this section, the suspension applies to all totalisator equipment of that kind, whether or not particular equipment is operating as designed or intended. (3) A suspension under this section is a notifiable instrument. 41 Cost of testing totalisator system and totalisator equipment (1) The reasonable testing costs of testing a licensee’s totalisator system or totalisator equipment are payable by the licensee. (2) In this section: testing costs includes travelling expenses.

Part 6 Enforcement Division 6.1 Notice of changed circumstances Section 42 page 22 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 6 Enforcement Division 6.1 Notice of changed circumstances 42 Licensees to tell commission of changed circumstances (1) This section applies to a licensee if there is— (a) a change in any of the information the licensee gave the commission in or for its licence application; or (b) a change that would result in the licensee no longer being an eligible person; or (c) any other change determined by the commission. (2) The licensee must give the commission written notice of the change not later than 14 days after the change happens. Maximum penalty: 5 penalty units. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) A determination is a notifiable instrument. Division 6.2 Directions by Minister 43 Directions by Minister—integrity of totalisator compromised (1) This section applies if the commission advises the Minister, and the Minister is satisfied, that the integrity of a totalisator conducted by a licensee is likely to be seriously compromised because of— (a) the licensee’s conduct, or alleged conduct, of the totalisator; or (b) an incident affecting the licensee’s eligibility to hold the licence; or (c) anything else reported to the commission.

Enforcement Part 6 Directions by Minister Division 6.2 Section 44 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 23 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) The Minister may give a written direction to any of the following, to take or not take the action stated in the direction in relation to a totalisator conducted by the licensee: (a) the licensee; (b) anyone else engaged in any capacity in any part of the conduct of the totalisator. Note For how documents may be given, see the Legislation Act, pt 19.5. (3) The direction must also state— (a) the grounds on which the Minister is satisfied that the integrity of the totalisator is likely to be seriously compromised; and (b) that the person receiving the direction may give a written response to the Minister about the direction. (4) The direction takes effect on the day the Minister gives it. (5) The Minister may revoke the direction by written notice if the Minister is satisfied— (a) after considering any written response from the person who received the direction—the direction is not required; or (b) the direction has been complied with. 44 Immediate suspension of licence (1) This section applies if the Minister has given a direction to a licensee under section 43 (Directions by Minister—integrity of totalisator compromised). (2) The Minister may by written notice immediately suspend the licensee’s licence if the Minister considers the suspension is necessary. (3) The suspension takes effect on the day the Minister gives the notice to the licensee.

Part 6 Enforcement Division 6.3 Disciplinary action against licensee Section 45 page 24 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (4) The licence may be suspended until— (a) a date or event stated in the notice; or (b) if stated in the notice, the Minister— (i) is satisfied that the direction has been complied with; and (ii) gives a further written notice to the licensee revoking the suspension. Note For how documents may be given, see the Legislation Act, pt 19.5. Division 6.3 Disciplinary action against licensee 45 Definitions—div 6.3 In this division: disciplinary action—see section 47. disciplinary notice—see section 49. ground for disciplinary action—see section 46. rectification direction—see section 52. 46 Grounds for disciplinary action against licensee (1) Each of the following is a ground for disciplinary action against a licensee: (a) the licensee has given information to the Minister or the commission that was false or misleading; (b) the licensee has failed to give information required to be given under this Act or the Control Act; (c) the licensee, or an agent or employee of the licensee, has contravened this Act; (d) the licensee has contravened a condition of the licence;

Enforcement Part 6 Disciplinary action against licensee Division 6.3 Section 47 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 25 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (e) the licensee is not, or is no longer, an eligible person; (f) the licensee is not, or is no longer, in control of the totalisator because the licensee has been taken over by another corporation or is under the influence of someone else; (g) the licensee has been given a direction, or has failed to comply with a direction given to the licensee, under section 43; (h) a proceeding to wind up the licensee has been started. (2) In subsection (1) (c), a reference to a contravention of this Act includes a reference to the following: (a) a contravention of the Criminal Code, part 2.4 (Extensions of criminal responsibility) in relation to an offence against this Act or otherwise in relation to this Act; (b) a contravention of the Criminal Code in relation to a document completed, kept or given, or required to be completed, kept or given, under or in relation to this Act; (c) a contravention of the Criminal Code in relation to anything else done, or not done, under or in relation to this Act. 47 Disciplinary action against licensee (1) Each of the following is a disciplinary action when taken against a licensee: (a) reprimanding the licensee; (b) putting conditions on, or amending the conditions of, the licence; (c) ordering the licensee to pay to the Territory a financial penalty of not more than $1 000 000; (d) recommending to the Minister that the licence be suspended for a stated period or until a stated thing happens; (e) recommending to the Minister that the licence be cancelled.

Part 6 Enforcement Division 6.3 Disciplinary action against licensee Section 48 page 26 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (2) A reprimand may include a direction by the commission that the licensee, within a stated time— (a) stop contravening this Act; or (b) correct something that contributes to the ground for disciplinary action. (3) A financial penalty imposed under this section may be recovered as a debt payable to the Territory. 48 Criteria for disciplinary action against licensee (1) In deciding whether disciplinary action should be taken, or what disciplinary action should be taken, against a licensee, the commission must consider the following: (a) whether disciplinary action has previously been taken against the licensee; (b) whether the ground for which the disciplinary action is to be taken endangered the public or the public interest; (c) the seriousness of the ground for disciplinary action; (d) the likelihood of further disciplinary action needing to be taken against the licensee. (2) The commission may also consider any other relevant matter. 49 When disciplinary notice must be given to licensee (1) If the commission is satisfied that a ground for disciplinary action exists, or may exist, in relation to a licensee, the commission must give the licensee a written notice (a disciplinary notice). (2) The disciplinary notice must— (a) state the ground for disciplinary action; and

Enforcement Part 6 Disciplinary action against licensee Division 6.3 Section 50 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 27 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) tell the licensee that the licensee may, not later than 3 weeks after the day the licensee is given the notice, give a written response to the commission about the notice. Note For how documents may be given, see the Legislation Act, pt 19.5. 50 Taking disciplinary action against licensee (1) This section applies if— (a) a licensee has been given a disciplinary notice; and (b) after considering any written responses given within the 3-week period in relation to the notice under section 49, the commission is satisfied that a ground for disciplinary action exists in relation to the licensee. (2) This section also applies if the commission is satisfied that a licensee has contravened a direction included in a reprimand under section 47 (2). (3) The commission may take disciplinary action against the licensee. (4) The disciplinary action may consist of 1 or more of the actions mentioned in section 47 (1) (a), (b) or (c). (5) Disciplinary action mentioned in section 47 (1) (a), (b) or (c) takes effect when the licensee receives written notice of the action or, if the notice provides for a later time of effect, at that time. (6) If the commission considers that the disciplinary action that should be taken is recommending to the Minister that the licence be suspended or cancelled, the commission must give the Minister a written notice stating— (a) its recommendation that the licence be suspended or cancelled; and (b) the reasons for the recommendation. Note Only the Minister may suspend or cancel the licence (see s 51).

Part 6 Enforcement Division 6.3 Disciplinary action against licensee Section 51 page 28 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 51 Suspension or cancellation of licence (1) The Minister may suspend or cancel the licence if— (a) the Minister receives a notice from the commission under section 50 (6) recommending that the licence be suspended or cancelled; or (b) the Minister considers that suspending or cancelling the licence is in the public interest. (2) In deciding whether to suspend or cancel the licence under subsection (1) (a), the Minister must consider the commission’s recommendations. (3) If the Minister rejects the commission’s recommendations, the Minister may refer the matter back to the commission for reconsideration. (4) If the Minister proposes to suspend or cancel a licence under subsection (1), the Minister must give the licensee a written notice— (a) stating why the Minister considers the licence should be suspended or cancelled; and (b) telling the licensee that the licensee may, not later than 3 weeks after the day the licensee is given the notice, give a written response to the Minister about the notice. Note For how documents may be given, see the Legislation Act, pt 19.5. (5) After considering any response to the notice given within the 3-week period, the Minister may suspend or cancel the licence. (6) The Minister may suspend the licence under this section for a stated period or until a stated thing happens.

Enforcement Part 6 Issue of temporary licence Division 6.4 Section 52 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 29 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 52 Rectification direction as alternative to disciplinary action (1) The commission may, instead of taking disciplinary action, give a licensee a written direction (a rectification direction) to take stated action within a stated time to rectify a matter that constitutes a ground for disciplinary action. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) If the licensee fails to comply with a rectification direction, the commission must give the licensee a disciplinary notice under section 49. Division 6.4 Issue of temporary licence 53 Temporary licence—issue (1) The Minister may issue a temporary licence to a person to conduct a totalisator if— (a) the licence to conduct the totalisator has been suspended, cancelled or surrendered; and (b) the Minister is satisfied it is in the public interest to issue a temporary licence. (2) The Minister must not issue a temporary licence to a person unless the person— (a) is a corporation; and (b) is an eligible person. (3) The temporary licence is issued on the conditions the Minister considers appropriate. (4) The temporary licence ends when the first of the following happens: (a) if the temporary licence is issued because the licence to conduct the totalisator has been suspended—the end of the suspension period;

Part 6 Enforcement Division 6.5 Offences relating to totalisator Section 54 page 30 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the issue of another licence to conduct the totalisator; (c) the end of 90 days (or any longer period prescribed by regulation) after the day the temporary licence is issued. Division 6.5 Offences relating to totalisator 54 Credit betting (1) A person must not accept a bet on a totalisator unless the bet is paid, at or before the bet is made— (a) in cash; or (b) by debit against an amount held in an account for the person who makes the bet by the person who accepts the bet; or (c) by debit against a credit betting facility made available by the person who accepts the bet. Maximum penalty: 70 penalty units, imprisonment for 6 months or both. (2) For subsection (1), the electronic funds transfer of an amount to an account operated by a person is taken to be payment of the amount in cash to the person. (3) In this section: credit betting facility means a facility by which the obligations of a debtor are secured or guaranteed in accordance with— (a) arrangements approved by the commission; and (b) any rules determined under section 73.

Enforcement Part 6 Offences relating to totalisator Division 6.5 Section 55 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 31 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 55 Totalisator advertising (1) A person commits an offence if— (a) the person publishes, or causes to be published, an advertisement that is directly related to the conduct of a totalisator; and (b) the advertisement contravenes the code of practice. Maximum penalty: 50 penalty units. (2) In this section: publish includes disseminate by oral, visual, written, electronic or other way. 56 Betting on behalf of child (1) A person commits an offence if— (a) the person holds a licence to conduct a totalisator; and (b) the person accepts a bet placed by a child. Maximum penalty: 50 penalty units. (2) An offence against subsection (1) is a strict liability offence. (3) A person commits an offence if— (a) the person places a bet on a totalisator; and (b) the person places the bet on behalf of a child. Maximum penalty: 20 penalty units. (4) This section does not apply in relation to a bet placed by or on behalf of a child if the child— (a) was at least 16 years old at the time of the offence; and

Part 6 Enforcement Division 6.5 Offences relating to totalisator Section 57 page 32 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) had, before the time of the offence, shown an identification document identifying the child as an adult to— (i) the defendant; or (ii) an employee or agent of the defendant. Note The defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58). (5) In this section: identification document, for a person, means a document that— (a) is— (i) an Australian driver licence or foreign driver licence; or (ii) a proof of identity card; or (iii) a passport; and (b) contains a photograph that could reasonably be taken to be the person; and (c) states the person’s date of birth. 57 Using premises in contravention of Act A person commits an offence if— (a) the person manages or controls premises used in connection with the conduct of a totalisator; and (b) the person— (i) authorises or permits the premises to be used in contravention of this Act; or (ii) authorises or permits an act to be done in relation to the premises in contravention of this Act. Maximum penalty: 50 penalty units.

Enforcement Part 6 Offences relating to totalisator Division 6.5 Section 58 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 33 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 58 Accepting bet in contravention of rules or Act A person commits an offence if— (a) the person is a licensee or an employee or agent of a licensee; and (b) the person accepts a bet that is in contravention of the totalisator rules or this Act. Maximum penalty: 50 penalty units. 59 Selling etc ticket in relation to bet A person commits an offence if— (a) the person sells, or offers to sell, a ticket or receipt purporting to be issued by a licensee in relation to a bet; and (b) the person is not authorised by the licensee to sell, or offer to sell, the ticket or receipt. Maximum penalty: 100 penalty units, imprisonment for 12 months or both. 60 Buying ticket from unauthorised person (1) A person commits an offence if— (a) the person buys from someone else (the seller) a ticket or receipt purporting to be issued by a licensee in relation to a bet; and (b) the seller is not authorised by a licensee to sell the ticket or receipt. Maximum penalty: 20 penalty units. (2) This section does not apply if the person has a reasonable excuse. Note The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).

Part 6 Enforcement Division 6.5 Offences relating to totalisator Section 61 page 34 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 61 Accepting bet after closing time (1) A person commits an offence if— (a) the person accepts a bet on a totalisator in relation to an event or contingency; and (b) the bet is accepted after the closing time for acceptance of the bet. Maximum penalty: 50 penalty units. (2) If a person is convicted, or found guilty, of an offence against this section, the court may, whether or not a penalty is imposed for the offence, order the person to pay to the Territory an amount equal to the amount (if any) derived from the bet. 62 Agent failing to account to licensee A person commits an offence if— (a) the person is an agent of a licensee; and (b) the agent is required to account to the licensee for the agent’s operations; and (c) the agent fails to account to the licensee as required. Maximum penalty: 50 penalty units. 63 Misrepresenting authority as agent A person commits an offence if— (a) the person represents to someone else that the person is willing to— (i) take bets with a licensee; and (ii) account to the other person for any proceeds from the bets; and

Enforcement Part 6 Offences relating to totalisator Division 6.5 Section 64 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 35 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (b) the person is not authorised by the licensee to take the bets with the licensee. Maximum penalty: 50 penalty units. 64 Unauthorised use of telephone and internet betting credit accounts A person commits an offence if— (a) the person charges, or attempts to charge, a bet against another person’s telephone or internet betting credit account with a licensee; and (b) the person is not authorised by the other person to charge, or attempt to charge, the bet to the account. Maximum penalty: 50 penalty units.

Part 7 Notification and review of decisions Section 65 page 36 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 7 Notification and review of decisions 65 Meaning of reviewable decision—pt 7 In this part: reviewable decision means a decision mentioned in schedule 1, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. 66 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 1, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 For how documents may be given, see the Legislation Act, pt 19.5. 67 Applications for review The following may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 1, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision.

Administration Part 8 Section 68 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 37 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Part 8 Administration 68 Licensee’s records (1) It is a condition of a licence that the licensee keep all records relating to the conduct of a totalisator under the licence— (a) at the licensee’s principal place of business in the ACT, or somewhere else approved by the commission; and (b) for at least 7 years. (2) The commission may exempt a licensee from the requirement to keep all or any records mentioned in subsection (1). (3) An exemption may be granted on conditions. 69 No right to compensation for cancellation etc of licence A licensee is not entitled to compensation from the Territory if the Minister— (a) cancels the licence; or (b) suspends the licence; or (c) changes a condition of the licence. 70 Totalisator rules (1) A licensee may prepare rules consistent with this Act for the conduct of a totalisator. (2) Without limiting subsection (1), the rules may make provision in relation to the liability of the licensee, the licensee’s agent or anyone else acting under the licensee’s authority in relation to the following: (a) making bets on the totalisator; (b) printing and issuing betting tickets;

Part 8 Administration Section 71 page 38 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (c) determining the entitlement (if any) of a person to a dividend in a totalisator; (d) paying dividends in, or refunding money bet on, the totalisator. (3) The licensee must give the rules to the commission for approval. Note For how documents may be given, see the Legislation Act, pt 19.5. (4) The commission must— (a) approve the rules; or (b) refuse to approve the rules; or (c) direct the licensee to make a stated change to the rules. (5) The rules approved by the commission (the totalisator rules) are a notifiable instrument. 71 Changing totalisator rules (1) The licensee may prepare a change to the totalisator rules and give the commission written notice of the proposed change. Note For how documents may be given, see the Legislation Act, pt 19.5. (2) The notice must— (a) state the proposed commencement date for the change; and (b) be given to the commission at least 1 week before that date. (3) However, the commission may accept the notice even if it is not given in accordance with subsection (2) (b). (4) On receiving a notice under subsection (1), the commission must, by written notice given to the licensee— (a) approve the proposed change; or (b) refuse to approve the proposed change; or (c) direct the licensee to include another change; or

Administration Part 8 Section 71 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 39 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) direct the licensee to change the totalisator rules in another way; or (e) direct the licensee to change the commencement date for the change; or (f) ask for further information or clarification about the proposed change; or (g) tell the licensee that a further stated reasonable time is needed to consider the proposed change. (5) If the commission gives a notice under subsection (4) (f)— (a) the notice must state a reasonable time within which the information or clarification must be given; and (b) the commission must not make a decision under subsection (4) (a) to (d) until— (i) the commission has received the information or clarification; or (ii) the time stated for giving the information or clarification has ended. (6) The commission may, at any time and on its own initiative, by written notice given to the licensee, direct the licensee to prepare a stated change to the totalisator rules. (7) If the commission approves a change to the totalisator rules, the totalisator rules with the approved changes are a notifiable instrument.

Part 8 Administration Section 72 page 40 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 72 Display etc of totalisator rules (1) A licensee or agent who accepts bets on a totalisator must display in a prominent position at each place where bets on the totalisator are accepted, a notice stating that a copy of the following are available for inspection at the place at no cost: (a) the totalisator rules; (b) the rules for sports bookmaking; (c) this Act. Maximum penalty: 5 penalty units. (2) The licensee or agent must have a copy of the totalisator rules, the rules for sports bookmaking, and this Act available for inspection by any person free of charge at each place where bets on the totalisator are accepted. Maximum penalty: 5 penalty units. (3) The licensee or agent must give a copy of the totalisator rules, the rules for sports bookmaking, and this Act to any person on request on payment to the licensee or agent of a reasonable charge. Maximum penalty: 5 penalty units. 73 Betting accounts (1) This section applies to a betting account held by a person for placing a bet with the licensee. (2) The commission may determine rules for the betting account, including in relation to any of the following: (a) the kind of account; (b) whether the account may be assigned; (c) whether the account may be charged or otherwise encumbered;

Administration Part 8 Section 74 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 41 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (d) the use by the licensee of the person’s money or account credit in the conduct of the totalisator; (e) the use by the licensee of interest payable on the account. (3) A determination is a notifiable instrument. 74 No delegation by Minister The Minister must not delegate the Minister’s functions under this Act. 75 Determination of fees etc (1) The Minister may determine fees for this Act. (2) A determination is a disallowable instrument. 76 Regulation-making power (1) The Executive may make regulations for this Act. (2) A regulation may make provision in relation to the following: (a) the standards to be observed for the conduct of gambling activities; (b) prohibiting or restricting the offer of inducements; (c) notices to be displayed about the availability of counselling for financial, social or other problems in relation to gambling; (d) the inclusion on each betting ticket of— (i) warnings about gambling; and (ii) contact details of gambling counselling services.

Schedule 1 Reviewable decisions page 42 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Schedule 1 Reviewable decisions (see pt 7) column 1 item column 2 section column 3 decision column 4 entity 1 11 (1) (b) refuse to issue licence applicant 2 16 put condition on licence licensee 3 18 (5) (b) amend licence in other way licensee 4 18 (5) (c) refuse to amend licence licensee 5 44 (2) immediately suspend licence licensee 6 50 take disciplinary action licensee 7 51 suspend or cancel licence licensee 8 70 (4) (b) refuse to approve rules licensee 9 70 (4) (c) direct a change to rules licensee 10 71 (4) (b) refuse to approve change to rules licensee 11 71 (4) (c), (d) or (e) direct a change to rules or date licensee 12 71 (6) direct a change to rules licensee

Dictionary R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 43 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Dictionary (see s 3) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: • ACAT • ACT • body • corporation • found guilty • gambling and racing commission • individual • Minister (see s 162) • notifiable instrument (see s 10) • penalty unit (see s 133) • person (see s 160) • police officer. bet means any stake, pledge or wager in money between a person and the licensee on any event or contingency relating to— (a) a race; or (b) a computer simulated racing event; or (c) a sports bookmaking event. betting includes the negotiation, acceptance and distribution of money in connection with bets and the settling of bets. commission means the gambling and racing commission. computer simulated racing event means a computer simulated horse race, harness race or greyhound race. Control Act means the Gambling and Racing Control Act 1999.

Dictionary page 44 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au disciplinary action, for division 6.3 (Disciplinary action against licensee)—see section 47. disciplinary notice, for division 6.3 (Disciplinary action against licensee)—see section 49. eligible person— (a) for a corporation—see section 24; and (b) for an individual—see section 25. executive officer, of a corporation (including of a licensee), means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management. ground for disciplinary action, for division 6.3 (Disciplinary action against licensee)—see section 46. licence means— (a) a licence issued, or taken to be issued, under section 11; or (b) a temporary licence. off-course totalisator means a totalisator that is not an on-course totalisator. on-course totalisator means a totalisator that enables a person to place a bet only if— (a) the bet is in relation to a race; and (b) the race is held on a racecourse; and (c) the person is at the racecourse. race means— (a) any of the following, whether conducted within or outside the ACT: (i) a thoroughbred race;

Dictionary R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 45 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au (ii) a harness race; or (b) a greyhound race conducted outside the ACT; or (c) a race of a kind prescribed by regulation. racecourse means land, whether in or outside the ACT, that is used for races and to which admission is obtainable by payment of money, by ticket or otherwise. rectification direction, for division 6.3 (Disciplinary action against licensee)—see section 52. reviewable decision, for part 7 (Notification and review of decisions)—see section 65. rules for sports bookmaking—see the Race and Sports Bookmaking Act 2001, dictionary. sports bookmaking event—see the Race and Sports Bookmaking Act 2001, dictionary. temporary licence means a temporary licence issued under section 53. totalisator—see section 6. totalisator betting means betting on a totalisator operated by a licensee in relation to an event (whether conducted in the ACT or elsewhere) that is— (a) a race; or (b) a computer simulated racing event; or (c) a sports bookmaking event. totalisator equipment—see section 6. totalisator rules means the totalisator rules approved under section 70, as changed from time to time under section 71. totalisator system—see section 6.

Endnotes 1 About the endnotes page 46 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office. Uncommenced amending laws are not included in the republished law. The details of these laws are underlined in the legislation history. Uncommenced expiries are underlined in the legislation history and amendment history. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired

Endnotes Legislation history 3 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 47 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 3 Legislation history Totalisator Act 2014 A2014-4 notified LR 26 March 2014 s 1, s 2 commenced 26 March 2014 (LA s 75 (1)) remainder commenced 27 March 2014 (s 2) as amended by Statute Law Amendment Act 2014 (No 2) A2014-44 sch 3 pt 3.11 notified LR 5 November 2014 s 1, s 2 commenced 5 November 2014 (LA s 75 (1)) sch 3 pt 3.11 commenced 19 November 2014 (s 2) Justice Legislation Amendment Act 2016 A2016-7 sch 1 pt 1.12 notified LR 29 February 2016 s 1, s 2 commenced 29 February 2016 (LA s 75 (1)) sch 1 pt 1.12 commenced 29 August 2016 (s 2 and LA s 79) Red Tape Reduction Legislation Amendment Act 2016 A2016-18 sch 3 pt 3.43 notified LR 13 April 2016 s 1, s 2 commenced 13 April 2016 (LA s 75 (1)) sch 3 pt 3.43 commenced 27 April 2016 (s 2) Racing (Greyhounds) Amendment Act 2017 A2017-43 sch 1 pt 1.4 notified LR 5 December 2017 s 1, s 2 commenced 5 December 2017 (LA s 75 (1)) sch 1 pt 1.4 commenced 30 April 2018 (s 2) Statute Law Amendment Act 2025 A2025-29 sch 4 pt 4.176 notified LR 6 November 2025 s 1, s 2 commenced 6 November 2025 (LA s 75 (1)) sch 4 pt 4.176 commenced 5 January 2026 (s 2 (8))

Endnotes 4 Amendment history page 48 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 4 Amendment history Commencement s 2 om LA s 89 (4) Licence—application s 7 am A2025-29 amdt 4.178 Additional information to be included in application s 8 am A2014-44 amdt 3.64 Change of information to be provided s 9 am A2014-44 amdt 3.64 Licence—issue s 11 am A2025-29 amdt 4.178 Consultation on certain amendments s 17 am A2014-44 amdt 3.64 Amendment of licence on application s 18 am A2014-44 amdt 3.64; A2025-29 amdt 4.178 Surrender of licence s 21 am A2014-44 amdt 3.64 Commission may request information about executive officers s 28 am A2014-44 amdt 3.64 Commission may require executive officers to give information s 29 am A2014-44 amdt 3.59; A2016-18 amdt 3.210, amdt 3.211 Consultation on proposed determinations s 31 am A2014-44 amdt 3.64 Commission on totalisator betting s 32 am A2025-29 amdt 4.178 Tax on totalisator operations s 33 am A2025-29 amdt 4.178 Monthly tax returns s 34 am A2014-44 amdt 3.64; A2025-29 amdt 4.178 Approval of totalisator system s 38 am A2025-29 amdt 4.178 Approval of totalisator equipment s 39 am A2025-29 amdt 4.178 Suspension of totalisator equipment approval s 40 am A2025-29 amdt 4.178 Licensees to tell commission of changed circumstances s 42 am A2014-44 amdt 3.64; A2025-29 amdt 4.178

Endnotes Amendment history 4 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 49 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Directions by Minister—integrity of totalisator compromised s 43 am A2014-44 amdt 3.64 Immediate suspension of licence s 44 am A2014-44 amdt 3.64 When disciplinary notice must be given to licensee s 49 am A2014-44 amdt 3.64 Suspension or cancellation of licence s 51 am A2014-44 amdt 3.64 Rectification direction as alternative to disciplinary action s 52 am A2014-44 amdt 3.64 Betting on behalf of child s 56 am A2016-7 amdt 1.25 Reviewable decision notices s 66 am A2014-44 amdt 3.60; A2025-29 amdt 4.178 Applications for review s 67 am A2025-29 amdt 4.178 Totalisator rules s 70 am A2014-44 amdt 3.64; A2025-29 amdt 4.178 Changing totalisator rules s 71 am A2014-44 amdt 3.64; A2025-29 amdt 4.178 Betting accounts s 73 am A2025-29 amdt 4.178 Determination of fees etc s 75 am A2025-29 amdt 4.178 Regulation-making power s 76 am A2025-29 amdt 4.178 Repeals and consequential amendments pt 9 hdg om LA s 89 (3) Legislation repealed s 77 om LA s 89 (3) Legislation amended—sch 2 s 78 om LA s 89 (3) Transitional pt 20 hdg exp 27 March 2019 (s 205 (1) (b)) Definitions—pt 20 s 200 exp 27 March 2019 (s 205 (1) (b)) def commencement day exp 27 March 2019 (s 205 (1) (b)) def repealed Act exp 27 March 2019 (s 205 (1) (b))

Endnotes 4 Amendment history page 50 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au Licence s 201 exp 27 March 2019 (s 205 (1) (b)) Totalisator s 202 exp 27 March 2019 (s 205 (1) (b)) Finance s 203 exp 27 March 2019 (s 205 (1) (b)) Transitional regulations s 204 exp 27 March 2019 (s 205 (1) (b)) Expiry—pt 20 s 205 exp 27 March 2019 (s 205 (1) (b)) Consequential amendments sch 2 om LA s 89 (3) Dictionary dict am A2014-44 amdt 3.61 def betting am A2014-44 amdt 3.62 def licensee om A2014-44 amdt 3.63 def race sub A2017-43 amdt 1.15

Endnotes Earlier republications 5 R7 05/01/26 Totalisator Act 2014 Effective: 05/01/26 page 51 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R1 27 Mar 2014 27 Mar 2014– 18 Nov 2014 not amended new Act R2 19 Nov 2014 19 Nov 2014– 26 Apr 2016 A2014-44 amendments by A2014-44 R3 27 Apr 2016 27 Apr 2016– 28 Aug 2016 A2016-18 amendments by A2016-18 R4 29 Aug 2016 29 Aug 2016– 29 Apr 2018 A2016-18 amendments by A2016-7 R5 30 Apr 2018 30 Apr 2018– 27 Mar 2019 A2017-43 amendments by A2017-43 R6 28 Mar 2019 28 Mar 2019– 4 Jan 2026 A2017-43 expiry of transitional provisions (pt 20)

Endnotes 6 Expired transitional or validating provisions page 52 Totalisator Act 2014 Effective: 05/01/26 R7 05/01/26 Authorised by the ACT Parliamentary Counsel—also accessible at www.legislation.act.gov.au 6 Expired transitional or validating provisions This Act may be affected by transitional or validating provisions that have expired. The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)). Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry. To find the expired provisions see the version of this Act before the expiry took effect. The ACT legislation register has point-in-time versions of this Act. © Australian Capital Territory 2026

The Act operationalises a small set of core concepts that determine regulatory coverage and compliance obligations.

Totalisator, totalisator system, and totalisator equipment (s 6). The Act defines the totalisator as a totalisator system and explicitly includes on‑course and off‑course totalisators and totalisator equipment. A totalisator system is a system that enables people to bet money on events or contingencies and to divide and distribute money left after commission among winning bettors. Totalisator equipment covers instruments, computer hardware or software, communication equipment, and any other equipment used with a totalisator system. These definitions set the scope of regulated activity and the objects for approval and testing under Part 5 (ss 38-41).

Licence and licence exclusivity (ss 11-13). The Act requires a licence to conduct a totalisator in the ACT (ss 7, 11). The Minister must issue or refuse a licence on application (s 11(1)), but may only issue to a corporation that is an eligible person (s 11(2)(a) and Div 2.3). Only one licence may be in force at any time (s 12); the licence term is whatever period is stated in the licence (s 13). Licences cannot be transferred, assigned, mortgaged or otherwise encumbered (s 15(1)); surrender and temporary licence rules are provided (ss 21, 53).

Eligibility (Div 2.3). Corporations and individuals are subject to eligibility tests. For corporations, every influential person must be eligible, the corporation must not have been wound up recently, must have no recent controllers or administrators, and the commission must be satisfied regarding ownership structure, reputation and finances (s 24). For individuals, eligibility requires adult age, clean records with respect to fraud, gaming offences and serious criminal convictions in the previous five years, no recent bankruptcy or insolvency, no recent involvement in management where the corporation was wound up, and reputational and financial fitness as judged by the commission (s 25). The Minister or commission may make exceptions if satisfied it is in the public interest (s 24(2), s 25(2)).

Approval and technical control (Part 5). The commission may approve totalisator systems and equipment and any changes to them; it may impose conditions; use of unapproved systems or equipment is an offence (ss 38-39). The commission can suspend approvals if equipment no longer operates as designed or intended, and suspensions may apply to all equipment of a kind (s 40). The licensee bears reasonable testing costs (s 41).

Financial controls: commission percentage and tax (Part 4). The Minister determines allowable commission as a percentage of the total amount bet, not exceeding 25% (s 32). The licensee may deduct commission up to that rate (s 32(1)-(2)). Separately, the Minister may determine a tax on totalisator operations, how it is worked out and when payable; the licensee must make monthly returns on amounts bet and profits (ss 33-34). Determinations are disallowable instruments (ss 32(3), 33(3)). The Minister must give notice and allow at least 180 days for written comments on proposed determinations (s 31).

Totalisator rules and betting operations (Part 8, Div 2.4). A licensee prepares rules consistent with the Act for the conduct of the totalisator (s 70). The commission must approve the rules or direct changes (s 70(3)-(4)). The licensee may accept bets only in accordance with totalisator rules and the Act (s 26(1)); bets accepted in good faith by persons dealing with the licensee are presumed to comply (s 26(2)). Acceptance of telephone or internet bets is permitted where payment is authorised from a pre‑established account with sufficient funds (s 26(4)). The licensee must display the totalisator rules, sports bookmaking rules and the Act at each place bets are accepted and have copies available (s 72).

Enforcement and disciplinary framework (Part 6). The Act establishes urgent Ministerial powers where the commission advises that a totalisator’s integrity is likely to be seriously compromised, permitting directions to the licensee and others engaged in the totalisator, and immediate suspension of licence where necessary (ss 43-44). The commission has a disciplinary process with grounds, notice requirements, a right to respond within specified periods, a range of disciplinary actions (including reprimand, conditions, fines up to $1,000,000, and recommendations to suspend or cancel a licence), and the option to issue rectification directions (Div 6.3, ss 46-52).

Information powers over executive officers (Part 3). The commission may request names and duties of executive officers from the licensee (s 28) and may require executive officers to consent to fingerprinting, photographs, produce documents and provide consents for criminal record checks (s 29). Such information cannot be used in proceedings except for offences under the Act or the false statements provisions (s 29(3)). Police must destroy fingerprints and advise the person (s 30).

Review rights (Part 7 and Schedule 1). Specific decisions are reviewable by ACAT; Schedule 1 lists reviewable decisions (for example, refusal to issue a licence, licence conditions, refusal to approve rules or changes, disciplinary action, suspension/cancellation) and identifies who may seek review (Pt 7, ss 65-67, Schedule 1).

Offences and penalties. The Act creates both criminal offences with imprisonment options and strict liability or evidential burdens in specified provisions. Examples include conducting a totalisator without a licence (s 22), operating equipment without licence (s 23), credit betting restrictions (s 54), advertising contravening the code of practice (s 55), betting on behalf of a child (s 56), unauthorised sale of tickets (s 59), and unauthorised charging to telephone/internet betting accounts (s 64). Penalties are expressed in penalty units and imprisonment; the endnotes set the penalty unit value at the republication date ($160 individual, $810 corporation) per the Legislation Act cross‑reference.

Primary regulated parties

Licensee. The Act’s principal regulatory subject is the licence-holder who conducts the totalisator. The licensee must be a corporation and an eligible person (s 11(2)(a), s 24). The licence-holder is the entity authorised to accept totalisator bets under approved rules and equipment and is subject to conditions, approvals, recordkeeping, financial obligations and offences throughout the Act (Parts 2, 4, 5, 6, 8).
Executive officers of the licensee. Executive officers are subject to information and identity checks by the commission, including fingerprinting and criminal record checks by police (s 29). The commission’s functions concerning executive officers must be exercised only to assess eligibility (s 27). Failure to comply with requirements may affect eligibility (s 29, notes).
Agents and employees. Licensees may engage agents to conduct the totalisator or carry out licensed functions (s 14). Agents are within the scope of certain offences (for instance, accepting bets contravening the Act s 58, unauthorised ticket sales s 59) and may be directed by the Minister when integrity is at risk (s 43(2)).

Secondary and indirectly affected parties

Punters and account holders. Individuals who place bets are affected by rules on payment methods (cash, debit from accounts or approved credit facilities s 54(1)), telephone and internet account authorisation requirements (s 26(4)), and protections around acceptance in good faith (s 26(2)). Betting for children is restricted, and there are evidential burdens where a child may be treated as adult in narrow circumstances (s 56).
Equipment and software vendors. Suppliers of totalisator equipment and software operate in a market where equipment must be approved by the commission; changes require approval; equipment approvals can be suspended (ss 38-40). Licensees bear testing costs for their systems and equipment (s 41).
Racing and sports organisers. The scope of permitted betting includes races (variously defined, including thoroughbred, harness and greyhound where applicable) and sports bookmaking events (s 7 and dictionary). The Act therefore affects event operators insofar as bets relate to their events and where integrity concerns trigger Ministerial action (ss 43-44).
The Territory and public services. The Territory acquires unclaimed money (ss 36-37), may collect tax and fees (ss 33, 75), and receives financial penalties recovered as debts (s 47(3)). The commission and Minister expend administrative and enforcement resources under the Act.

Who pays

Licensee pays: testing costs for equipment and systems (s 41), tax on operations as determined by the Minister (s 33), financial penalties imposed by the commission up to $1,000,000 (s 47(1)(c)), and potentially costs associated with compliance with conditions and approvals. Licensee may also retain certain unclaimed dividends and roundings for one year and thereafter has entitlement (s 36).
Account holders/punters provide funds for bets and establish accounts (s 26(4)); the Act allows licensee use of account money subject to commission rules (s 73(2)(d)).
Territory receives taxes, unclaimed funds under s 37, and regulatory fees the Minister may determine (s 75).

Who decides

Minister: issues or refuses licences (s 11), determines commission and tax rates and their mechanics (ss 32-33), may give directions when the commission advises integrity is at risk and may suspend licences immediately (ss 43-44), may issue temporary licences (s 53), and must not delegate functions (s 74).
Commission: provides advice to the Minister on applications (s 10(1)-(2)), approves totalisator systems and equipment and the licensee’s totalisator rules (ss 38-39, 70-71), takes disciplinary action, issues rectification directions and recommends licence suspension or cancellation (Div 6.3), and may require executive officer information (Part 3).
ACAT: review of reviewable decisions as listed in Schedule 1 (Pt 7, ss 65-67, Schedule 1).

Geographic and transactional reach

The Act applies to totalisator conduct “in the ACT” but explicitly treats contracts arising from acceptance of bets from persons outside the ACT as having been entered into in the ACT (s 26(5)). The licence may cover betting on events occurring in or outside the ACT (s 7). Equipment approvals and system approvals apply to systems and equipment used “in relation to a totalisator” in the ACT (ss 38-39).

Groups with constrained options

Potential competitors: because only one licence may be in force at any time (s 12), the Act constrains the number of entities that can legally operate a totalisator in the ACT simultaneously. The licence is non-transferable and non-assignable (s 15(1), s 20), and a temporary licence regime is available where suspension or cancellation occurs (s 53).
Individuals seeking to be licensees: the Act requires the licensee to be a corporation (s 11(2)(a)), so individuals must operate through corporate vehicles and meet the eligibility criteria (s 25, s 24).

The statutory structure hence concentrates operational authority in a single corporate licensee, couples it to a regime of approvals and oversight by the commission and the Minister, and imposes financial and compliance obligations carried primarily by the licensee.

Key duties on licensees and related actors

Licensing and eligibility duties. Before conducting a totalisator in the ACT a person must obtain a licence; the person must be a corporation and eligible (ss 11, 24-25). Applicants must provide information in the application, supply additional information if required (s 8), and notify the Minister of changes to application information prior to decision (s 9).
Use of approved systems and equipment. A licensee must not use a totalisator system or equipment unless approved by the commission, and must obtain approval for changes to approved systems or equipment (ss 38(2)-(3), 39(2)-(3)). The commission may approve on conditions (ss 38(4), 39(4)); using unapproved systems or equipment is an offence punishable by penalties and possible imprisonment (ss 38(2)-(3), 39(2)-(3)).
Compliance with totalisator rules and codes. Licensees must prepare totalisator rules consistent with the Act, submit them for commission approval, and comply with the code of practice prescribed under the Gambling and Racing Control Act where applicable (s 19, s 70). Licensees must also display the totalisator rules, sports bookmaking rules and the Act where bets are accepted (s 72).
Financial duties: commission and tax. The licensee may deduct commission up to a Minister‑determined percentage (s 32). The licensee must pay tax on totalisator operations at rates and pursuant to methods determined by the Minister, and must provide monthly tax returns to the commission within 10 days of each month’s end (ss 33-34). The Minister must consult licensees in relation to proposed determinations (s 31).
Recordkeeping and availability. Licensees must keep all records relating to conduct of the totalisator at the principal place of business in the ACT or another commission‑approved place and retain them for at least seven years (s 68). The commission may exempt records retention in whole or part on conditions (s 68(2)-(3)).
Notification of changed circumstances. Licensees must notify the commission in writing within 14 days of any change in information given for the licence application, or any change that would result in the licensee ceasing to be an eligible person, or any other change determined by the commission (s 42).
Cooperation with executive officer checks. Licensees must provide names, positions and duties of executive officers on request (s 28). Executive officers may be required to consent to fingerprinting and photographs and provide information and documents as directed by the commission (s 29). Police must destroy fingerprints and inform the person following consented taking (s 30).
Betting operation constraints. Licensees and their employees or agents may accept bets only at offices or agencies of the licensee (s 26(3)). Telephone or internet bets are allowed only where payment authorisation is from a pre‑established account with sufficient funds (s 26(4)). Licensees must not accept unpaid or unauthorised credit betting except via approved credit betting facilities (s 54).

Rights and entitlements

Right to conduct totalisator under licence. A licence authorises the conduct of totalisator betting within the scope of the licence and subject to licence conditions and totalisator rules (ss 11, 16, 70).
Entitlement to unclaimed dividends and roundings. The licensee is entitled to any dividend or refundable amount unclaimed after the event, subject to claiming rules allowing bettors one year to claim; licensee is also entitled to roundings (s 36).
Right to prepare and operate under totalisator rules. Licensee prepares rules for the totalisator and may include provisions on liability, ticketing, determining entitlements and payment of dividends, subject to commission approval (s 70).
Right to engage agents. Licensee may engage others to act as agents to conduct the totalisator or carry out licensee functions (s 14). However, agents’ actions must comply with the Act and rules, and agents may be subject to offences and directions (s 43, Div 6.5).
Procedural rights in disciplinary and ministerial processes. Licensees receive disciplinary notices from the commission with grounds and a three‑week period to provide a written response (s 49). If the commission recommends suspension or cancellation, the Minister must give notice, state reasons, and allow a further three‑week written response period before deciding (s 51(4)-(5)). Certain decisions are reviewable by ACAT (Pt 7, Schedule 1).
Right to be consulted on determinations and material licence amendments. The Minister must give licensees written notice and allow at least 180 days for comments before making determinations under ss 32 or 33 (s 31). If the Minister proposes to amend a licence in a way that will have a material monetary impact, the licensee is entitled to at least 180 days to comment (s 17(2)).

Limitations on rights

Non‑proprietary licence. The licence does not confer property rights, cannot be assigned, mortgaged or encumbered (s 15(1)). Licensees may nonetheless conduct authorised activities in joint ventures (s 15(2)).
Ministerial emergency powers and non‑delegation. The Minister retains power to direct action where integrity is at risk and to immediately suspend a licence, and the Minister may not delegate functions under the Act (ss 43-44, 74).
Disciplinary sanctions and fines. The commission may impose reprimands, conditions, and financial penalties up to $1,000,000; the Minister may suspend or cancel the licence (ss 47-51). A licensee has no entitlement to compensation from the Territory if the licence is suspended, cancelled or its conditions changed (s 69).

Timing and procedural requirements

Consultation periods: 180 days for Minister determinations affecting commission or tax (s 31) and for material monetary licence amendments (s 17).
Shorter operational timeframes: three weeks to respond to disciplinary notices (s 49(2)(b)), three weeks to respond to proposed suspension/cancellation notices from the Minister (s 51(4)(b)), 10 days for monthly tax returns (s 34), 14 days to notify the commission of changed circumstances (s 42(2)).

Collectively, the Act imposes substantive ongoing operational and reporting duties on licensees, grants powers to the commission and Minister to approve and to intervene, and provides administrative and judicial review avenues for a specified set of decisions.

Statutory enforcement architecture

Criminal offences and maximum penalties. The Act creates a range of offences with varying maximum penalties, including imprisonment in some cases. Illustrative provisions include:
- Conducting a totalisator without a licence: maximum 100 penalty units, imprisonment for 12 months or both (s 22).
- Operating totalisator equipment without a licence: same maximum as s 22 (s 23).
- Accepting bets in contravention of payment rules (credit betting prohibitions): maximum 70 penalty units and imprisonment for 6 months or both (s 54).
- Accepting bets after closing time: maximum 50 penalty units; court may order restitution of amounts derived from the bet (s 61).
- Unauthorised sale of tickets purporting to be issued by a licensee: maximum 100 penalty units, imprisonment for 12 months or both (s 59).
- Various other offences with fines up to 50 penalty units (ss 26(3), 36, 55, 56(1), 57, 58, 60-64). The statutory note sets the penalty unit values at republication date (endnotes): $160 for individuals, $810 for corporations (Legislation Act cross‑reference).
Administrative enforcement via the commission. The commission can investigate, give rectification directions (s 52), and take disciplinary action (s 47). Disciplinary actions include reprimand; imposing or amending licence conditions; ordering financial penalties up to $1,000,000; and recommending suspension or cancellation to the Minister (ss 47-50). Financial penalties are recoverable as debts payable to the Territory (s 47(3)).
Ministerial emergency powers. If the commission advises and the Minister is satisfied that the integrity of a totalisator is likely to be seriously compromised, the Minister may direct the licensee or others engaged in the totalisator to take or not take specified actions (s 43). The Minister must state the grounds and allow a written response (s 43(2)-(3)). The Minister may immediately suspend the licence by written notice if considered necessary (s 44).
Suspension and cancellation. The Minister may suspend or cancel a licence where recommended by the commission or if the Minister considers it in the public interest (s 51). The Minister must give notice explaining reasons and allow a three‑week written response before deciding (s 51(4)-(5)). Suspensions may be for a period or until a stated thing happens (s 51(6)).
Temporary licence regime. The Minister may issue a temporary licence if the principal licence has been suspended, cancelled or surrendered and the Minister is satisfied it is in the public interest (s 53). The temporary licence must be held by an eligible corporation (s 53(2)) and is time limited (s 53(4)).

Operational enforcement provisions

Approval and technical enforcement. Use of unapproved totalisator systems or equipment or unapproved changes is an offence with significant penalties (ss 38-39). The commission may suspend approvals for types of equipment where they no longer operate as designed or intended (s 40).
Financial enforcement. Tax liability is independent of criminal findings: conviction for a tax offence does not affect the licensee’s liability to pay the tax (s 35). Monthly returns are mandatory and timing is strict (s 34). Financial penalties imposed by the commission are recoverable as debts (s 47(3)).
Recordkeeping and inspection. Licensees must keep records for seven years and at the principal place of business in the ACT or a commission‑approved location (s 68). Failure to produce or keep records can be a ground for disciplinary action (s 46(1)(b), (c), (d)).
Executive officer checks and limits on use of evidence. The commission may compel executive officers to consent to fingerprinting, photographs and production of documents; the Act excludes use of such material against the person in civil or criminal proceedings except for offences against this Act or false statements (s 29(3)). Police must destroy fingerprints and notify the person (s 30).

Procedural protections and review

Notice and opportunity to respond. The Act prescribes notice periods and opportunities for licensees to make written submissions before disciplinary action or ministerial suspension or cancellation takes effect (ss 49-51). Commission disciplinary action of reprimand, conditions or penalty takes effect on receipt of written notice (s 50(5)).
ACAT review. Schedule 1 lists specific decisions as reviewable (for example, refusal to issue a licence, putting conditions on licence, disciplinary action, refusal to approve rules). Entities mentioned in Schedule 1 column 4 and other affected persons may apply to ACAT for review (Pt 7, ss 65-67, Schedule 1).

Offence design and evidential burdens

Strict liability and evidential burdens. The Act specifies strict liability for accepting bets placed by a child by a licensee (s 56(2)). There are evidential burdens in cases where a person claims a child was over 16 and produced identification (s 57(4)). The Criminal Code provisions apply to offences and set out general principles and defences (s 5, notes referencing Criminal Code ch 2 and Legislation Act s 133 on penalty units).

Notice instruments and parliamentary oversight

Many decisions are delivered by notifiable or disallowable instruments. The commission’s approvals are notifiable instruments (ss 38(5), 39(5)). Determinations by the Minister under ss 32 and 33 are disallowable instruments (ss 32(3), 33(3)). The Act therefore embeds a statutory instrumentary layer subject to parliamentary oversight for certain determinations.

Who enforces and who pays

Commission enforces technical approvals, rules and disciplinary matters; the Minister enforces via directions and suspension powers; police perform fingerprinting and criminal record checks when requested (Part 3). The licensee bears costs of testing, possible fines and tax obligations (ss 41, 47(3), 33).

Taken together, the Act combines criminal prohibitions with administrative powers to compel information, technical approvals and a graduated disciplinary regime, and it routes significant enforcement discretion to the commission and to the Minister with prescribed notice and review pathways.

Cross‑references and complementary regimes

Gambling and Racing Control Act 1999 (Control Act). The Totalisator Act explicitly cross‑references the Control Act. Licensees must comply with any code of practice prescribed under the Control Act that applies to them (s 19). The definition of Control Act is provided in the dictionary. The Control Act therefore supplies additional operational codes and standards that can be applied to licensees and form grounds for disciplinary action under s 46(1)(c).
Criminal Code and Legislation Act. Offences created by the Totalisator Act are subject to the general principles of criminal responsibility in the Criminal Code, chapter 2 (s 5 note). Penalty units and their monetary value are determined by the Legislation Act (s 5 note; endnotes referencing Legislation Act s 133). The Criminal Code’s provisions on false or misleading statements are expressly linked to disciplinary grounds and admissibility (s 29(3) and s 46(2)).
Race and Sports Bookmaking Act 2001. The Act uses signpost definitions to import definitions such as sports bookmaking event and rules for sports bookmaking from the Race and Sports Bookmaking Act 2001 (see s 7, dictionary entries). The totalisator rules must be consistent with that Act where relevant rules for sports bookmaking are concerned (ss 70-71, s 72).
Corporations Act (Common law interactions). The Act references related corporations as defined under the Corporations Act (s 24(3) definition of related corporation). The eligibility tests for corporations involve concepts such as controllers, administrators and winding‑up orders that invoke corporate insolvency law, and the Act expressly requires that influential persons and executive officers be assessed for eligibility, thus overlapping with corporate governance and director responsibilities under the Corporations Act.
ACT Civil and Administrative Tribunal Act 2008 (ACAT Act). Part 7 provides a review pathway to ACAT for reviewable decisions. The Act’s notification obligations and reviewable decision definitions are framed to work with ACAT procedures (s 66 note referencing ACAT Act s 67A).
Police powers and record‑keeping laws. The Act authorises police officers to take fingerprints under commission direction (s 29) and requires destruction of fingerprints by the chief police officer with notice to the person (s 30). Use of such material is restricted for evidential purposes per s 29(3), interacting with police record rules.

Instrument hierarchy and parliamentary oversight

Notifiable and disallowable instruments. The Act makes approvals by the commission notifiable instruments (ss 38(5), 39(5), 70(5), 71(7), 73(3)), and Ministerial determinations under ss 32 and 33 are disallowable instruments (ss 32(3), 33(3), s 75). That structure ensures certain approvals and determinations are subject to parliamentary disallowance or notification processes under the Legislation Act.
Ministerial non‑delegation. The Minister must not delegate functions under the Totalisator Act (s 74). Where the Act contemplates advice from the commission (s 10) or recommendations (s 50(6)), final decision‑making remains with the Minister.

Interplay with commercial and insolvency law

Licence non‑transferability and property limitation. The licence is explicitly non‑proprietary and not assignable, which interacts with property, security and insolvency considerations when a licensee corporation faces restructuring, control changes or winding up (s 15(1)). Grounds for disciplinary action include winding‑up proceedings or loss of control (s 46(1)(f), (h); s 24(1)(b)-(c) eligibility criteria).
Joint venture and operational arrangements. While licences are non‑transferable, the Act allows licensees to conduct authorised activities in joint ventures or other arrangements to which they are a party (s 15(2)), which raises commercial structuring considerations within corporate law constraints.

Regulatory standards and counselling obligations

Regulations. The Executive may make regulations under s 76. The regulation‑making power explicitly contemplates standards for gambling activities, restrictions on inducements, mandatory counselling notices, and inclusion of warnings and counselling contact details on betting tickets (s 76(2)(a)-(d)). Such regulations will interact with consumer protection, advertising, and public health obligations implemented through subordinate legislation.

Practical overlaps and compliance touchpoints

Identity checks and privacy. The commission’s ability to require fingerprints and photographs of executive officers (s 29) engages police procedures and privacy frameworks, limited by s 29(3)’s exclusion of certain uses for obtained information. The Act does not purport to override other privacy laws; agencies will need to align processes with privacy obligations.
Taxation and financial law. The Minister‑determined tax on operations (s 33) sits alongside other taxation laws; the Act makes tax liability independent of criminal findings (s 35), meaning standard tax assessment and recovery processes will apply in parallel with criminal enforcement.

In summary, the Totalisator Act is structured to operate alongside and within existing criminal, corporate, racing and administrative law regimes. It designates specific roles for the commission and Minister, yet relies on definitions, procedural regimes and instrument classifications found in other ACT and Commonwealth statutes. Practitioners must consider those intersections when advising clients on licensing, eligibility, compliance, tax and dispute resolution.

The republication to 5 January 2026 includes a history of amendments recorded in the endnotes. The Act as republished shows the following legislative changes and timeline relevant to current provisions.

Primary enactment and earlier amendments

Totalisator Act 2014 A2014‑4 was notified to the legislation register on 26 March 2014, with commencement of certain sections on 26 March and the remainder on 27 March 2014 (Legislation history).
Subsequent amendments recorded in the endnotes include:
- Statute Law Amendment Act 2014 (No 2) A2014‑44 (notified 5 November 2014; some amendments commenced 19 November 2014). Several procedural provisions, consultation and application details were amended (see Amendment history referencing A2014‑44).
- Justice Legislation Amendment Act 2016 A2016‑7 (notified 29 February 2016; some provisions commenced 29 August 2016). This amended the betting‑on‑behalf‑of‑child provision (s 56).
- Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 (notified 13 April 2016; amendments commenced 27 April 2016).
- Racing (Greyhounds) Amendment Act 2017 A2017‑43 (notified 5 December 2017; an amendment commenced 30 April 2018) affected the definition of race (dictionary amendment noted A2017‑43 amdt 1.15).

Most recent amendment package

Statute Law Amendment Act 2025 A2025‑29 (notified 6 November 2025) made multiple amendments with some commencing on 5 January 2026 (as per amendment history, s 2(8)). The amendment history explicitly records amendments to several sections, including:
- Licence application and issue provisions (s 7 am A2025‑29 amdt 4.178; s 11 am A2025‑29 amdt 4.178).
- Amendment of licence on application (s 18 am A2025‑29 amdt 4.178).
- Commission on totalisator betting (s 32 am A2025‑29 amdt 4.178).
- Tax on totalisator operations (s 33 am A2025‑29 amdt 4.178).
- Monthly tax returns (s 34 am A2025‑29 amdt 4.178).
- Approval of totalisator system and equipment (ss 38-40 am A2025‑29 amdt 4.178).
- Many administrative provisions such as licensee change notification, reviewable decision notices, totalisator rules, changing rules, betting accounts, determination of fees, and regulation‑making power were amended (various entries list A2025‑29 amdt 4.178).

Specific amendment themes recorded in endnotes

Strengthening of Ministerial and commission controls. The amendment history shows targeted amendments to sections governing commission percentage on bets, tax on operations, approvals for systems/equipment, and related administrative processes. These are recorded as A2025‑29 amendments to ss 32, 33, 38-41 and supporting sections (see the Amendment history entries). The text as republished reflects those changes.
Process and consultation adjustments. Amendments originating in the 2014 and 2016 packages adjusted consultation and notice requirements (s 8, s 17, s 31). The Act maintains long consultation periods for certain determinations, with at least 180 days in s 31 and s 17.
Technical and definitional updates. Amendments across the life of the Act have adjusted dictionary definitions, refined eligibility language, and updated cross‑references to the Race and Sports Bookmaking Act 2001 and the Control Act (see Amendment history lines noting dictionary and definitional amendments).

Transitional and expired provisions

The endnotes record transitional provisions in Pt 20 that expired on 27 March 2019 (Amendment history noting exp 27 March 2019 for various transitional sections). The republication indicates expired transitional and validating provisions have been removed from the main text and are listed in endnotes (Endnote 6).

Instrument classification changes

Several approvals, rules, and determinations are explicitly identified as notifiable or disallowable instruments in the Act and these entries appear to have been updated in amendment cycles (eg ss 32(3), 33(3), 38(5), 39(5), 70(5), 71(7), 73(3), and s 75). The endnotes record amendments that reinforce the instrument classification and consultation obligations.

Practical consequence of amendments

The 2025 amendment set (A2025‑29) appears to be substantial, amending licensing, financial and technical approval provisions. The republication date 5 January 2026 indicates those amendments are in force and incorporated into the current text. The Act therefore should be read in the 2026 republished form for operational compliance.

How to trace changes

The endnotes include a legislation history (Endnote 3) and amendment history (Endnote 4) with specific amdt citations that identify the amending Acts, their notification and commencement dates, and the sections they amended. Practitioners should consult the endnotes and the ACT legislation register for the amending Acts (A2014‑44, A2016‑7, A2016‑18, A2017‑43, A2025‑29) and for any uncommenced amendments or modifications (Endnote 1 and the notes at the front of the republication).

In sum, the Totalisator Act has been the subject of iterative legislative adjustments since 2014, with the 2025 amendments materially modifying financial, licensing and technical approval provisions now reflected in the republished Act effective 5 January 2026.

The Act’s text and endnotes do not record judicial decisions or cases arising under the Totalisator Act 2014. The statute itself establishes administrative review and tribunal oversight mechanisms rather than a list of precedent.

Statutory review pathways and fora

ACAT review. Part 7 establishes that reviewable decisions (as defined by Schedule 1) attract review by the ACT Civil and Administrative Tribunal (ACAT). Schedule 1 enumerates decisions such as refusal to issue a licence (s 11(1)(b)), conditions placed on a licence (s 16), amendment refusals (s 18(5)(c)-(d)), immediate suspension of a licence (s 44(2)), disciplinary action (s 50), suspension or cancellation (s 51), and commission decisions on totalisator rules (ss 70-71) (Pt 7, ss 65-67 and Schedule 1). Entities specified in Schedule 1 column 4 and other persons whose interests are affected may apply to ACAT for review (ss 66-67).
Administrative steps before litigation. The Act prescribes internal administrative steps and notice periods (for example, three weeks for licensee responses to disciplinary notices s 49(2)(b), and to Minister’s proposed suspension/cancellation s 51(4)(b)). Those procedures are the statutory prerequisites that would typically be followed before tribunal review or any subsequent judicial review.

Implications for future litigation

Areas likely to generate disputes. The Act sets out several areas susceptible to dispute: licence issuance and eligibility decisions where the Minister or commission exercises discretion (ss 11, 24-25); approval or refusal of totalisator rules and equipment (ss 38-39, 70-71); disciplinary actions and imposition of financial penalties (Div 6.3); and tax and commission determinations by the Minister (ss 31-33). Each is a statutory decision that the Act makes reviewable in specified circumstances, suggesting ACAT will be the primary forum for challenge.
No caselaw cited. Because the republication does not cite any cases under the Act and the endnotes record legislative history but not judicial outcomes, users must look to external case databases and ACAT records to determine whether and how these provisions have been litigated or reviewed.

Practical note for advisers

Procedural compliance is critical. Given the prescribed notice and response periods for disciplinary and ministerial decisions (ss 49-51) and the explicit list of reviewable decisions in Schedule 1, advisers should ensure clients document responses and preserve administrative records to support ACAT applications or judicial review where appropriate.
Interaction with other regimes. Challenges under the Act could intersect with civil actions, Corporations Act disputes (eg control and insolvency questions impacting eligibility s 24), or criminal prosecutions for offences under the Act. The Act’s provision that material obtained under s 29(1) cannot be used in proceedings against the person except for offences under this Act or the false statements offence (s 29(3)) is a statutory evidentiary limitation to consider in litigation strategy.

Because the statute itself does not include a litigation history, parties and advisers must consult ACAT and court records for any precedents interpreting the Act and for guidance on how the commission’s and Minister’s discretions have been judicially reviewed.

The Act contains several provisions that are likely to produce operational or legal surprises if not actively managed. Below are concrete “watch points” drawn from the statutory text and their direct mechanisms.

Single licence exclusivity (s 12). Only one licence may be in force at any time. That mechanical restriction means there is no concurrent multiple‑operator market for totalisators in the ACT. Prospective entrants cannot operate a separate totalisator while a licence exists and cannot acquire licence rights through assignment (s 15(1)). The only statutory pathway if a licence becomes available is application to the Minister (s 7) or temporary licence issuance in circumstances the Minister considers in the public interest (s 53), subject to eligibility tests (s 53(2)).

Licence is not property (s 15). The licence does not confer property rights and cannot be mortgaged or encumbered. Insolvency or restructure of a licensee does not automatically transfer a licence to creditors; yet the licence’s non‑transferability may complicate corporate financing or security arrangements and affect valuations.

Licensee must be a corporation (s 11(2)(a)). Individuals cannot be issued a licence directly. This requires structuring through corporate entities and triggers the corporate eligibility tests in s 24, which reach through to “influential persons” and related corporations (s 24(3)). Influential owners holding as little as 5 per cent voting control or the ability to appoint a director are within scope.

Eligibility scope and time windows (ss 24-25). The eligibility tests impose lookback periods (generally five years) on convictions, insolvency, appointments of controllers or administrators, and winding‑up orders (s 24(1)(b)-(c); s 25(1)(a)(ii)-(vi)). Individuals and corporations involved in recent corporate distress or criminal matters must disclose and may be ineligible unless the Minister or commission exercises discretion under the public interest exceptions (s 24(2), s 25(2)). Not notifying changes that affect eligibility is an offence that triggers a penalty (s 42).

Minister non‑delegation (s 74). The Minister’s functions under the Act cannot be delegated. Operational decision processes that assume departmental delegation of these functions will be inconsistent with the statute. Decisions such as licence issue, suspension/cancellation and tax/commission determinations rest with the Minister.

Extensive Ministerial emergency powers (ss 43-44). Where the commission advises and the Minister is satisfied that a totalisator’s integrity is likely to be seriously compromised, the Minister may direct action and immediately suspend a licence. The direction must state grounds and allow a written response (s 43(2)-(3)). The immediate suspension power (s 44) can be exercised before a full disciplinary recom-mendation; the licence may be suspended until the Minister revokes or a stated condition is met (s 44(4)-(4)(b)). Licensees should treat such directions as operationally disruptive risks.

Commission and Minister both influence approvals and rules (ss 10, 70-71). The licensee prepares totalisator rules but the commission must approve them (s 70(3)-(4)) and may direct changes (s 71(4), (6)). The Minister must consider the commission’s advice when deciding on licence applications or amendments referred to the commission (s 10(2), s 18(4)(b)). The two‑tier oversight can create iterative approval cycles and potential timing uncertainty.

Approval requirement extends to changes (ss 38-39). Not only must systems and equipment be approved, but changes to approved systems or equipment also require commission approval (ss 38(3), 39(3)). A licensee that upgrades software or modifies equipment without seeking approval may commit an offence carrying penalties and possible imprisonment (ss 38-39).

Testing costs borne by licensee (s 41). Reasonable testing costs, including travel, are payable by the licensee. Testing may be imposed by the commission in relation to approvals, and the licensee should budget for recurring certification costs.

Tax liability independent of criminal outcomes (s 35). Conviction for an offence relating to tax under the Act does not affect liability to pay the tax. This separates revenue recovery from criminal sanctions and means a licence-holder remains liable for fiscal obligations regardless of criminal findings.

Customer account and credit controls (ss 26, 54, 73). Telephone and internet bets are permitted only where payment authorisation exists from pre‑established accounts and sufficient funds at the time of bet placement (s 26(4)). The Act prohibits accepting bets unless paid in cash, by debit from an account, or via debit against an approved credit betting facility (s 54(1)). The commission may determine betting account rules including how a licensee may use customers’ money or interest (s 73(2)(d)-(e)). These provisions create operational constraints and complexity for remote betting and account handling.

Recordkeeping and retention obligations (s 68). The licensee must keep records for at least seven years at its principal place of business in the ACT or a commission‑approved location; failure to maintain records is a disciplinary ground (s 46(1)(b)). The commission can exempt recordkeeping in whole or part on conditions (s 68(2)-(3)), but the default is extensive retention.

Unclaimed money and Territory entitlement (ss 36-37). The licensee is entitled to unclaimed dividends after an event, but bettors may claim within one year (s 36(2)); other unclaimed money must be paid to the Territory (s 37). Operators must manage funds and claims processes accordingly.

Evidence and privacy constraints around executive officer checks (s 29(3), s 30). The Act restricts admissibility of information obtained under s 29 except for prosecutions under this Act or false statements offences; police must destroy fingerprints and advise the person (s 30). Regulatory enquiries that rely on compelled executive officer material must account for these evidentiary limits.

Strict liability provisions and evidential burdens (ss 56-57). Some offences are strict liability (s 56(2)), and the Act places evidential burdens on defendants in specific circumstances (s 57(4)). These statutory burdens influence defence strategies.

Reviewable decision list (Schedule 1). Only specific decisions are reviewable as listed in Schedule 1; other decisions not listed may have no statutory ACAT review pathway under this Act (Pt 7, Schedule 1). Practitioners should verify whether a particular administrative action is reviewable.

Collectively, these provisions create concentrated operational risks and compliance obligations for the single licensee, require careful management of approvals and changes, and expose operators to both administrative and criminal penalties. The statutory mechanics make procedural compliance and proactive consultation central to avoiding enforcement actions.

This section lists concrete steps and systems a prospective or current licensee should implement to align with statutory obligations and mitigate enforcement risk under the Totalisator Act 2014.

Corporate structuring and eligibility
- Ensure the applicant for a licence is a corporation (s 11(2)(a)). Individuals must operate through a corporate entity.
- Conduct due diligence on all influential persons, executive officers and related corporations to satisfy s 24(1) (influential persons’ eligibility, absence of recent winding‑up orders, controllers or administrators, and satisfactory ownership structure and financial background).
- For proposed executive officers, ensure they meet the individual eligibility criteria in s 25 (adult, relevant criminal record checks within five years, insolvency checks, and management history related to winding‑up or appointment of controllers).
Application documentation and process
- Prepare a complete licence application under s 7 and be ready to comply with any written requirements for additional information under s 8. If additional information is requested and not supplied, the Minister may refuse to consider the application further (s 8(2)).
- If application particulars change before determination, provide written notice to the Minister under s 9 within the prescribed time.
Commission engagement and approvals
- Anticipate referral to the commission for advice under s 10 and prepare to provide technical and governance documentation.
- Submit any totalisator systems and equipment for commission approval prior to use (ss 38-39). For changes to approved systems or equipment, obtain commission approval before implementation (ss 38(3), 39(3)).
- Prepare to pay reasonable testing costs for systems and equipment as required (s 41). Budget for travel and recurring testing costs.
Rules and operational documentation
- Draft totalisator rules consistent with the Act covering liability, ticketing, determination of entitlements and dividend payments (s 70(2)). Submit the rules to the commission for approval (s 70(3)-(4)).
- Maintain change control procedures for rule amendments: notify the commission at least one week before proposed commencement (s 71(1)-(2)), or follow the commission’s process if shorter or adjusted timelines are accepted (s 71(3)-(5)).
- Ensure displays and availability of totalisator rules, the rules for sports bookmaking and the Act at each place bets are accepted; have copies available for inspection and provide copies on request for a reasonable charge (s 72).
Betting accounts, payment and credit controls
- For telephone and internet bets, require that the bettor has authorised payment from an account established with the licensee before the relevant event (s 26(4)). Ensure systems verify account existence and sufficient funds at bet time.
- Comply with the ban on accepting credit betting except via approved credit betting facilities that meet commission‑approved arrangements and rules (s 54(1)-(3)). Prepare credit facility agreements in line with commission approvals and any rules determined under s 73.
- Implement betting account governance consistent with commission determinations under s 73, including whether accounts are assignable or encumberable, use of account funds by the licensee, and control of interest on accounts.
Financial reporting, commission and tax
- Plan for commission deductions to be within Minister‑determined percentages not exceeding 25% (s 32). Monitor any Ministerial determinations and ensure the licensee’s deduction practices are within the approved band.
- Prepare to comply with tax determinations: anticipate that the Minister will determine tax rate, calculation method and payment timing; file monthly returns within 10 days after the end of each month reporting total amounts bet and profit from operations (s 33, s 34).
- Engage early with the Minister’s consultation process: the Minister must not make a determination under s 32 or s 33 without giving the licensee at least 180 days to comment (s 31).
Governance, records and audit readiness
- Keep all records relating to the conduct of the totalisator at the licensee’s principal ACT place of business or a commission‑approved location for at least seven years (s 68). Maintain indexation, secure backups and chain of custody for records subject to production requests.
- Prepare to comply with executive officer information requests under s 28 and s 29, including producing names and duties, consenting to fingerprinting and photographs, and providing documents. Ensure privacy and consent processes aligned with police fingerprint destruction requirements (s 30) and the statutory limitation on admissibility (s 29(3)).
Operational integrity and compliance monitoring
- Institute compliance monitoring and incident reporting systems to detect integrity threats. The Minister may give directions and immediately suspend a licence where the commission advises integrity is likely to be seriously compromised (ss 43-44). Establish rapid response procedures to comply with any direction and prepare written responses within timeframes the statute allows (s 43(3)).
- Implement robust agent management controls. Licensee’s agents and employees must accept bets only at authorised sites and must account to the licensee. Agent failures to account are grounds for offence and disciplinary action (ss 26(3), 62-63).
Disciplinary process preparedness
- Prepare to respond to disciplinary notices under s 49. The licensee has three weeks to give a written response to the commission. Maintain documentation supporting compliance and remedial steps to present in mitigation.
- Budget for the possibility of financial penalties up to $1,000,000 and processes for payment or challenging such penalties. Note that penalties can be recovered as debts payable to the Territory (s 47(3)).
Advertising, child protections and consumer safeguards
- Ensure any advertising directly related to totalisator conduct complies with the code of practice (s 55). Have advertising compliance sign‑offs and legal review.
- Implement age verification procedures for in‑person and remote bets. Accepting a bet from a child is an offence by a licensee (s 56(1)); placing a bet on behalf of a child is an offence (s 56(3)). For children aged 16 or older who have shown ID meeting the statutory test (s 57(4)), maintain documentary proof.
Ticketing and third‑party sales controls
- Prevent unauthorised sale or offering of tickets by third parties. Selling tickets purporting to be issued by a licensee without authorisation is an offence (ss 59-60). Enforce authorised seller lists and monitoring of secondary market transactions.
Engagement with regulator, tribunal and public processes
- Use the Minister’s and commission’s consultation windows constructively. For determinations and amendments with material monetary impact on the licensee, the Minister must allow 180 days for written comments (s 17(2)). Engage specialist counsel and accountants to participate in consultations.
- Record all communications with the commission and Minister. Preserve evidence of compliance steps taken when responding to commission inquiries, disciplinary notices or Ministerial directions to strengthen positions in any ACAT review (Pt 7, ss 65-67; Schedule 1).
Insurance and financial resilience
- Given the risk of suspension, cancellation and financial penalties, maintain contingency planning and insurance where marketable (subject to insurer willingness and policy terms), and maintain liquidity to meet tax, testing and penalty obligations.
Policy and regulatory tracking
- Monitor disallowable and notifiable instruments published in relation to ss 32 and 33, and commission approvals, as these change operational ceilings on commission percentages and tax mechanics (ss 32(3), 33(3), 38(5), 39(5), 70(5), 71(7)).

These steps are direct translations of statutory duties in the Act. Licensees and their advisers should map each statutory requirement to internal policies, standard operating procedures, record templates, and incident response plans to ensure timely compliance and to preserve rights of response and review where the commission or Minister takes regulatory action.

Totalisator Act 2014

Plain English Summary

Deep Dive

What it does

Current sections

Totalisator Act 2014

Source text: opening excerpt

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply