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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).
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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(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
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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
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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
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(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
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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
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(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
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(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
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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
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(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
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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
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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
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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
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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
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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
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(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
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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
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(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
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(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
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(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
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(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
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(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
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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
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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
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(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
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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
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(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
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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
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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
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(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
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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
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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
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(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
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(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
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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
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(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
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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
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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
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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
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(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
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Endnotes
1 About the endnotes
Amending and modifying laws are annotated in the legislation history and the
amendment history. Current modifications are not included in the republished law
but are set out in the endnotes.
Not all editorial amendments made under the Legislation Act 2001, part 11.3 are
annotated in the amendment history. Full details of any amendments can be
obtained from the Parliamentary Counsel’s Office.
Uncommenced amending laws are not included in the republished law. The details
of these laws are underlined in the legislation history. Uncommenced expiries are
underlined in the legislation history and amendment history.
If all the provisions of the law have been renumbered, a table of renumbered
provisions gives details of previous and current numbering.
The endnotes also include a table of earlier republications.
2 Abbreviation key
A = Act NI = Notifiable instrument
AF = Approved form o = order
am = amended om = omitted/repealed
amdt = amendment ord = ordinance
AR = Assembly resolution orig = original
ch = chapter par = paragraph/subparagraph
CN = Commencement notice pres = present
def = definition prev = previous
DI = Disallowable instrument (prev...) = previously
dict = dictionary pt = part
disallowed = disallowed by the Legislative r = rule/subrule
Assembly reloc = relocated
div = division renum = renumbered
exp = expires/expired R[X] = Republication No
Gaz = gazette RI = reissue
hdg = heading s = section/subsection
IA = Interpretation Act 1967 sch = schedule
ins = inserted/added sdiv = subdivision
LA = Legislation Act 2001 SL = Subordinate law
LR = legislation register sub = substituted
LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced
mod = modified/modification or to be expired
Endnotes
Legislation history 3
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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
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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
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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
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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
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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)