43Agencies

43 Agencies (1) Subject to the approval of the Director to do so, a licensee may establish an agency for the conduct of totalisator wagering under the licensee's licence in a building or part of a building occupied by another person. (2) In the conduct of totalisator wagering under an agency: (a) the actions of the agent are taken to be the actions of the licensee as if the licensee had performed them; and (b) if the actions of the agent constitute or allegedly constitute an offence and the licensee authorised those actions (either expressly or by implication) – the licensee may be prosecuted for the offence in relation to those actions unless the licensee satisfies the court that the licensee exercised reasonable care to prevent the commission or alleged commission of the offence by the agent. (3) The prosecution of a licensee under subsection (2)(b) does not affect the liability in respect of the offence of the agent who carried out the actions constituting the offence. (4) A term of any agreement that is contrary to the operation of subsection (2) has no effect.

Totalisator Licensing and Regulation Act 2000 25