NORTHERN TERRITORY OF AUSTRALIA
TOTALISATOR LICENSING AND REGULATION (ARBITRATION)
REGULATIONS 2000
As in force at 14 April 2020
Table of provisions
1 Citation ............................................................................................ 1
2 Definitions ........................................................................................ 1
3 Commencement of arbitration ......................................................... 1
4 Preliminary investigation .................................................................. 2
5 Arbitration ........................................................................................ 2
6 Resolution by agreement ................................................................. 2
7 Determination by arbitrator .............................................................. 3
8 Costs of parties................................................................................ 3
9 Arbitrator: powers ............................................................................ 3
10 Arbitrator: costs and assistance....................................................... 4
11 Procedural fairness.......................................................................... 4
12 Informality of procedures ................................................................. 4
13 Representation of parties ................................................................ 4
14 Proceedings not open to public ....................................................... 4
15 Offences relating to provision of information.................................... 5
16 Offences relating to obstruction etc. of arbitrator ............................. 5
17 Preservation of confidentiality .......................................................... 6
ENDNOTES
NORTHERN TERRITORY OF AUSTRALIA
As in force at 14 April 2020
TOTALISATOR LICENSING AND REGULATION (ARBITRATION)
REGULATIONS 2000
Regulations under the Totalisator Licensing and Regulation Act 2000
1 Citation
These Regulations may be cited as the Totalisator Licensing and
Regulation (Arbitration) Regulations 2000.
2 Definitions
In these Regulations, unless the contrary intention appears:
arbitrator, in relation to an arbitration proceeding, means the
person appointed under section 76 of the Act to be the arbitrator of
the dispute the subject of the arbitration.
party, in relation to an arbitration proceeding, means the Director or
the licensee with whom the dispute the subject of the arbitration
arises.
President of the Law Society means the President of the Law
Society Northern Territory as established by section 635 of the
Legal Profession Act 2006.
3 Commencement of arbitration
(1) If a dispute as to what constitutes compliance with a term or
condition of the licensee's licence arises between the Director and
the licensee and the Director or the licensee requires that the
dispute be resolved by arbitration, the Director or licensee must in
writing:
(a) notify the other party of the requirement; and
(b) request, in writing, the President of the Law Society to appoint
an arbitrator.
(2) On receiving the request, the President of the Law Society must
appoint a person who in the opinion of the President is qualified to
conduct arbitration proceedings to be the arbitrator of the dispute
between the Director and the licensee and give written notification
Totalisator Licensing and Regulation (Arbitration) Regulations 2000 2
of the appointment to the parties of the arbitration.
4 Preliminary investigation
(1) Within 14 days of the date of notification of the appointment of the
arbitrator under regulation 3, each party must give the arbitrator a
written statement setting out the nature of the dispute.
(2) The written statement is to identify the issues that are to be
resolved and include facts and evidence relied on to substantiate
the party's position.
(3) As soon as possible after receiving the statements of both parties,
the arbitrator must set the time and date when and the place where
the arbitration proceedings will be held.
(4) The arbitrator must notify the parties of the time and date when and
the place where the arbitration proceedings will be held.
(5) In notifying the parties under subregulation (4), the arbitrator must
give each party at least 14 days notice of the time and date when
the arbitration proceedings will be held.
5 Arbitration
(1) Each party is to present its case by making oral submissions in
respect of the dispute based on the statement given to the arbitrator
under regulation 4.
(2) Unless the arbitrator agrees otherwise, the party who requested the
appointment of the arbitrator is to present its case first.
(3) The arbitrator may adjourn arbitration proceedings until another
time and, if appropriate, another date.
(4) The arbitrator may commence and conduct proceedings in the
absence of a party who was given notice of the proceedings under
regulation 4 but fails to attend without reasonable excuse.
6 Resolution by agreement
(1) If a dispute that is being arbitrated is resolved or partly resolved by
an agreement made between the parties before the determination
of the arbitration, the parties must inform the arbitrator without
delay.
(2) On being informed of the agreement, the arbitrator must record the
terms of the agreement, have the agreement signed by the parties
and ensure that each party receives a copy of the agreement.
Totalisator Licensing and Regulation (Arbitration) Regulations 2000 3
(3) If the effect of the agreement is to resolve the dispute, the
arbitration ceases on the parties signing the agreement.
(4) If the effect of the agreement is to resolve only some of the issues
of the dispute, on the parties signing the agreement the arbitration
continues in respect of the issues of the dispute that have not been
resolved.
7 Determination by arbitrator
(1) The arbitrator must complete his or her determination of the
arbitration of a dispute and give a copy of his or her determination
to each party within 28 days after the conclusion of the arbitration
proceedings.
(2) The Director must retain a record of the determination.
(3) The determination is not to be made available to a member of the
public to read or copy.
8 Costs of parties
Each party to a dispute must pay its own costs in respect of the
arbitration of the dispute.
9 Arbitrator: powers
The arbitrator may:
(a) request in writing a person (who may or may not be a party) to
attend arbitration proceedings; or
(b) request a person (who may or may not be a party) to answer
truthfully questions put by him or her or a party or to make
submissions that are relevant to the resolution of the dispute;
or
(c) request a person mentioned in paragraph (b) to take an oath
to answer truthfully all such questions; or
(d) request a person (who may or may not be a party) to produce
a specified document or provide specified information in
writing to the arbitrator relevant to the resolution of the
dispute; or
(e) request a person referred to in paragraph (d) to produce a
document or provide information within a specified time; or
Totalisator Licensing and Regulation (Arbitration) Regulations 2000 4
(f) copy or take extracts from a document or information referred
to in paragraph (d) and retain possession of the document or
information for as long as is reasonably necessary to do so.
10 Arbitrator: costs and assistance
(1) The costs of the arbitrator are to be paid by the parties of the
arbitration in equal shares.
(2) The Agency administering the Act must provide the arbitrator with
the assistance of an administrative nature as he or she requires in
conducting the arbitration.
(3) A person who assists the arbitrator is subject to the direction of the
arbitrator.
11 Procedural fairness
In arbitrating a dispute, an arbitrator is to have regard to the
principles of procedural fairness.
12 Informality of procedures
In arbitrating a dispute, an arbitrator:
(a) must proceed with as little formality and technicality and as
expeditiously as the requirements of these Regulations and
the proper consideration of the dispute permits; and
(b) is not bound by the rules of evidence but may inform himself
or herself of any matter in any manner that he or she
considers appropriate.
13 Representation of parties
A party to an arbitration may:
(a) attend before the arbitrator personally;
(b) if a body corporate – be represented before the arbitrator by a
director, officer, member or employee; or
(c) with the agreement of the arbitrator – be represented before
the arbitrator by another person (who may be a
legal practitioner).
14 Proceedings not open to public
A person who is not:
(a) a party to an arbitration;
Totalisator Licensing and Regulation (Arbitration) Regulations 2000 5
(b) a person representing a party to an arbitration;
(c) a person, who the arbitrator has requested to attend and to
answer questions put by the Director or by a party to the
hearing, while being questioned;
(d) a person, who the arbitrator has requested to produce a
document or provide information, in writing while producing
the document or providing the information;
(e) the arbitrator; or
(f) a person assisting the arbitrator,
may not be present at any of the proceedings of an arbitration.
15 Offences relating to provision of information
A person must, in the absence of reasonable excuse (proof of
which lies on the person), comply with a request of the arbitrator
that the person:
(a) attend before him or her; or
(b) take an oath to answer truthfully all questions relevant to the
resolution of the dispute put by the arbitrator or a party; or
(c) answer truthfully questions put by the arbitrator or a party that
are relevant to the resolution of the dispute; or
(d) produce a specified document or provide specified information
in writing to the arbitrator relevant to the resolution of the
dispute; or
(e) produce a document or provide information referred to in
paragraph (d) within a specified time.
Maximum penalty: 50 penalty units.
16 Offences relating to obstruction etc. of arbitrator
A person must not without reasonable excuse (proof of which lies
on the person) obstruct, hinder, resist or improperly influence an
arbitrator when exercising a power or performing a function for the
purposes of the arbitration of a dispute.
Maximum penalty: 100 penalty units.
Totalisator Licensing and Regulation (Arbitration) Regulations 2000 6
17 Preservation of confidentiality
A person must not record, disclose or use information about
another person's affairs gained by the person in the course of
arbitration proceedings under these Regulations or because of an
opportunity provided by being involved in the administration of
these Regulations unless for the purposes of the Act, regulations
made under the Act or the Rules.
Maximum penalty: 100 penalty units.
ENDNOTES
Totalisator Licensing and Regulation (Arbitration) Regulations 2000 7
ENDNOTES
1 KEY
Key to abbreviations
amd = amended od = order
app = appendix om = omitted
bl = by-law pt = Part
ch = Chapter r = regulation/rule
cl = clause rem = remainder
div = Division renum = renumbered
exp = expires/expired rep = repealed
f = forms s = section
Gaz = Gazette sch = Schedule
hdg = heading sdiv = Subdivision
ins = inserted SL = Subordinate Legislation
lt = long title sub = substituted
nc = not commenced
2 LIST OF LEGISLATION
Totalisator Licensing and Regulation (Arbitration) Regulations (SL No. 28, 2000)
Notified 16 June 2000
Commenced 16 June 2000
Statute Law Revision Act 2002 (Act No. 18, 2002)
Assent date 7 June 2002
Commenced 7 June 2002
Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)
Assent date 17 May 2007
Commenced s 10: 1 July 2007 (Gaz G26, 27 June 2007, p 3);
rem: 17 May 2007
Penalties Amendment (Justice and Treasury Legislation) Act 2010 (Act No. 38, 2010)
Assent date 18 November 2010
Commenced 1 February 2011 (Gaz S6, 1 February 2011)
Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40,
2010)
Assent date 18 November 2010
Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act
2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4)
Licensing (Repeals and Consequential Amendments) Act 2014 (Act No. 44, 2014)
Assent date 5 December 2014
Commenced 1 January 2015 (Gaz S130, 19 December 2014, p 2)
Licensing (Director-General) Repeal Act 2020 (Act No. 4, 2020)
Assent date 9 March 2020
Commenced 14 April 2020 (Gaz G13, 1 April 2020, p 2)
ENDNOTES
Totalisator Licensing and Regulation (Arbitration) Regulations 2000 8
3 GENERAL AMENDMENTS
General amendments of a formal nature (which are not referred to in the table
of amendments to this reprint) are made by the Interpretation Legislation
Amendment Act 2018 (Act No. 22, 2018) to: rr 1 and 2.
4 LIST OF AMENDMENTS
r 2 amd Act No. 18, 2002, s 7; Act No. 7, 2007, s 16; Act No. 44, 2014, s 145;
Act No. 4, 2020, s 87
r 3 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 7 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 9 amd Act No. 40, 2010, s 202
r 14 amd Act No. 44, 2014, s 145; Act No. 4, 2020, s 87
r 15 amd Act No. 38, 2010, s 3; Act No. 40, 2010, s 202
rr 16 – 17 amd Act No. 38, 2010, s 3
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