46Power to make rules

46 Power to make rules (1) The Director may make rules, not inconsistent with this Act, for the operation of totalisators and the conduct of totalisator wagering in the Territory. (2) Without limiting subsection (1), the Director may make rules that: (a) prescribe the amount and manner in which bets are to be accepted and paid for; (b) provide for the establishment and management of betting accounts with a licensee by persons who make bets with the licensee; (c) prescribe the conditions relating to making bets with a licensee, including: (i) the method of identification of persons offering to make bets; (ii) the manner of acknowledging bets;

Totalisator Licensing and Regulation Act 2000 27 (iii) the manner of recording bets made; (iv) the information relating to bets that is to be kept by a licensee; and (v) the period for which a licensee is to retain that information and the form in which it is to be retained; (d) provide for the payment of dividends on bets placed with a licensee and prescribe the manner for distributing and paying the dividends, including the arrangements where there are no winning bets, the manner of claiming the payment of a dividend and the payment of dividends on bets made by post or an electronic form; (e) prescribe the manner in which unclaimed dividends are to be dealt with; (f) provide for the deduction of commission; (g) provide for the establishment of a dividend equalisation account by a licensee and the amounts to be paid into or credited to the account; (h) provide for the use of the telephone or other electronic means, including on a computer system using the internet, to make bets, pay dividends and withdraw from and deposit in accounts held with a licensee and to enable a licensee to provide information to persons interested in wagering; (j) prescribe penalties not exceeding 100 penalty units for offences against the Rules; and (k) designate an offence against a rule as a regulatory offence. (3) In exercising the power to make rules under subsection (1), the Director may make a rule that: (a) deals with wagering on races or events, sports or activities occurring outside the Territory; (b) applies, adopts or incorporates, either wholly or in part, any rules, specifications or methods concerning the operation of totalisators or the conduct of totalisator wagering, as in force at a particular time or as in force from time to time, prescribed or published under an Act of a State or another Territory of the Commonwealth or a law in force in another country; or (c) requires anything referred to in it to be in accordance with any rule, specification or method referred to in paragraph (a).

Totalisator Licensing and Regulation Act 2000 28 (4) A rule applied, adopted or incorporated in accordance with subsection (3) has the same force and effect, and may be amended or repealed, as if it were a rule made by the Director under