This Act binds the Crown in right of New South Wales and, in so far as the legislative power of Parliament permits, the Crown in all its other capacities.
(1) A person who:(a) acquires information in the exercise of a function under this Act, and(b) directly or indirectly makes a record of the information or divulges it to another person,is guilty of an offence unless the information is recorded or divulged in the exercise of functions under this Act.Maximum penalty: 50 penalty units.
(2) Despite subsection (1), information may be divulged:(a) to a particular person or persons, if the Minister certifies that it is necessary in the public interest that the information be divulged to the person or persons, or(b) to a person who is expressly or impliedly authorised to obtain it by the person to whom the information relates, or(c) to Racing New South Wales, Greyhound Racing New South Wales or Harness Racing New South Wales, or(d) to a person or authority prescribed by the regulations.(3) It is not an offence under this section if, in legal proceedings, a person:(a) divulges information in answer to a question that the person is compellable to answer, or(b) produces a document or other thing that the person is compellable to produce.(4) An authority or person to whom information is divulged under this section, and a person or employee under the control of that authority or person, are, in respect of that information, subject to the same rights, privileges and duties under this section as they would be if that authority, person or employee were a person exercising functions under this Act and had acquired the information in the exercise of those functions.(5) This section does not apply to the divulging of information to any of the following:(a) the Independent Commission Against Corruption,(a1) the Inspector of the Independent Commission Against Corruption,(b) the Australian Crime Commission,(c) the New South Wales Crime Commission,(d) the Ombudsman,(e) the Police Integrity Commission,(f) the Inspector of the Police Integrity Commission,(g) any other person or body prescribed by the regulations for the purposes of this subsection.(6) This section does not prevent a person being given access to a document in accordance with the Government Information (Public Access) Act 2009 unless the document:(a) contains matter the disclosure of which could reasonably be expected to do any of the following:(i) prejudice the investigation of any contravention or possible contravention of the law (including any revenue law) whether generally or in a particular case,(ii) enable the existence or identity of any confidential source of information, in relation to the enforcement or administration of the law, to be ascertained,(iii) prejudice the effectiveness of any lawful method or procedure for preventing, detecting, investigating or dealing with any contravention or possible contravention of the law (including any revenue law), or(b) is a document the disclosure of which would disclose any of the following information:(i) information concerning the business, commercial, professional or financial affairs of a licensee, contractor or key employee,(ii) information obtained in the course of an investigation of a licensee, contractor or key employee.(6A) This section does not apply to the divulging of information to the Chief Commissioner of State Revenue (referred to in section 60 of the Taxation Administration Act 1996) for the purpose of administration of the Betting Tax Act 2001.(7) In this section, a reference to the divulging of information includes a reference to the production of a document or other thing and the provision of access to the document or other thing.
(1) Except as otherwise provided in this Act, a decision of the Minister under this Act is final and is not subject to appeal or review.(2) A person aggrieved by a decision of the Minister to cancel or suspend a licence or to alter the conditions of a licence may appeal from the decision to the Supreme Court on a question of law.(3) The Supreme Court is to hear and determine the appeal and make such order as it thinks appropriate by reason of its decision, including, without limiting the Court’s power to make such orders:(a) an order affirming or setting aside the decision of the Minister, and(b) an order remitting the matter to the Minister to decide again in accordance with the directions of the Court.(4) Proceedings on an appeal in respect of a decision of the Minister do not operate to stay the decision appealed from unless the Supreme Court otherwise orders.
107 No right to compensation for cancellation etc
No right to compensation enforceable against the Crown arises in relation to the cancellation, suspension, or variation of the terms or conditions of, a licence granted under this Act, or an alteration of the conditions of such a licence under this Act.
108 Arrangements for supply of Police records
(1) The Minister and the Commissioner of Police may enter into arrangements for the supply to the Minister of information contained in the records of the NSW Police Force, to assist in the effectual administration of this Act.(2) Those arrangements are sufficient authority for the supply of that information.
109 Disclosure of spent convictions
(1) Section 12 (Consequences of conviction becoming spent) of the Criminal Records Act 1991 does not apply in relation to an application for a licence.(2) The Minister is to be considered to be a law enforcement agency for the purposes of section 13 (Unlawful disclosure of information concerning spent convictions) of the Criminal Records Act 1991.
110 Destruction of fingerprints etc
(1) Any fingerprints or palm prints obtained by the Minister under this Act and any copies of them must be destroyed by the Minister as soon as the Minister has no further use for them.(2) The Minister is to be considered to have no further use for them when:(a) they were obtained in connection with an application for a licence and the application is refused, or(b) the licence in connection with which they were obtained is cancelled or surrendered (but is to be considered to have further use for them whenever the licence is in force).(3) A person who in connection with an application for a licence has possession of fingerprints or palm prints obtained by or on behalf of the Minister under this Act, or copies of them, must deliver them to the Minister, in accordance with the directions of the Minister, so as to enable the Minister to comply with subsection (1).Maximum penalty: 20 penalty units.
111 Records not kept in writing
(1) This section applies to a record that:(a) is not in writing, or(b) is not written in the English language, or(c) is not decipherable on sight.(2) A requirement under this Act to produce a record is, in the case of a record to which this section applies, to be considered to be a requirement to produce (in addition to the record if it is in writing or instead of the record if it is not in writing) a statement written in the English language and decipherable on sight containing the whole of the information in the record.
112 False or misleading information
(1) A person who:(a) in, or in relation to, any application made under this Act, or(b) in purported compliance with a requirement of a notice under this Act, or(c) in purporting to provide information under this Act that the person has been authorised to provide,gives information that is false or misleading in a material particular is guilty of an offence.Maximum penalty: 50 penalty units or imprisonment for 12 months, or both.
(2) It is a defence to a prosecution of a person for an offence under subsection (1) if it is proved that, at the time the information was given, the person believed, on reasonable grounds:(a) in the case of false information—that the information was true, or(b) in the case of misleading information—that the information was not misleading.
A person must not:(a) forge or counterfeit any betting voucher, betting slip, licence under this Act, inspector’s form of identification or employee’s form of identification, or(b) knowingly utter a counterfeit or forged betting voucher, betting slip, licence under this Act, inspector’s form of identification or employee’s form of identification, or(c) personate the holder of such a licence or form of identification, or(d) falsely represent himself or herself to be an inspector, or(e) connive at any such forging, counterfeiting, uttering, personating or representing.Maximum penalty: 100 penalty units or imprisonment for 2 years, or both.
114 Forfeiture of offending articles
(1) If a person commits an offence under this Act involving the unlawful use or possession of any device or equipment relating to the conduct of a totalizator or any other article or thing, the court before which the person is convicted may order the device, equipment, article or thing to be forfeited to the Crown.(2) An inspector or a police officer may, in a place or premises at which a totalizator is conducted, seize and retain possession of any device, equipment, article or thing that he or she reasonably suspects is liable to forfeiture under this section.
The Minister or Treasurer may delegate to a public servant or an officer of a class prescribed by the regulations all or any of the functions conferred or imposed on the Minister or Treasurer by or under this Act, other than:(a) this power of delegation, or(b) the function of granting or refusing to grant a licence for the conduct of an off-course totalizator, or(c) any other function prescribed by the regulations.
(1) A document required or permitted by or under this Act to be served on a person may, if the person is a natural person, be served:(a) by delivering the document to the person, or(b) by sending the document by post addressed to the person at the person’s last known place of residence, or(c) by leaving the document at the person’s last known place of residence with a person apparently resident at that place and apparently not less than 16 years of age, or(d) by leaving the document at the person’s last known place of business with a person apparently in the service of the person and apparently not less than 16 years of age.(2) A document required or permitted by or under this Act to be served on a person may, if the person is a corporation, be served:(a) by sending the document by post addressed to the corporation at its registered office or principal place of business in New South Wales, or(b) by leaving the document at the registered office or principal place of business in New South Wales of the corporation with some person apparently employed in connection with the business of the corporation and apparently not less than 16 years of age.(3) If a document is to be served on a licensee and the licence concerned is held by 2 or more licensees, service of the document on one licensee in accordance with this section is taken to be service, in accordance with this section, on each other licensee.(4) The provisions of this section are in addition to, and do not prejudice the operation of, any other law prescribing procedures sufficient for the service of documents.
(1) The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.(2) In particular, the regulations may make provision for or with respect to any matter to which the conditions of a licence may relate.(3) A regulation may create an offence punishable by a penalty not exceeding 50 penalty units. A regulation may also provide that a contravention of any particular provision of the regulations by a licensee is taken to be a contravention of the conditions of the licence.
117A Responsible conduct of totalizators, totalizator betting and other betting activities
(1) The regulations may make provision for or with respect to requiring or encouraging the adoption of responsible practices in the conduct of totalizators, totalizator betting and any other betting activities approved under section 13.(2) In particular, the regulations may make provision for or with respect to:(a) the standards to be observed for the conduct of gambling activities,(b) the prohibition or restriction of the offering of inducements, or of inducements of a kind, specified by the regulations,(c) the notices to be displayed with respect to the availability of counselling in respect of financial, social or other problems that may arise in connection with gambling,(d) the inclusion on each betting ticket issued by or on behalf of a licensee of:(i) a warning notice about gambling, and(ii) the name and contact details of a gambling counselling service specified, or of a kind specified, by the regulations.(3) It is the intention of Parliament that regulations under this section will be made as soon as practicable after the date of assent to the Gambling Legislation Amendment (Responsible Gambling) Act 1999.
117B Minister may direct changes to racing agreement
(1) The Minister may determine that specified changes to a racing agreement are necessary or desirable for ensuring that the agreement is in the best interests of racing in New South Wales.(2) The Minister may notify the parties to the racing agreement concerned of the determination and direct that the changes specified in the determination are to have effect. Those changes have effect for all purposes as if the agreement had been amended by the agreement of the parties.(3) This section does not limit or otherwise affect the ability of the parties to a racing agreement to agree to make changes to the agreement.(4) In this section, racing agreement means the following:(a) the agreement titled “Racing Distribution Agreement” dated 11 December 1997 between the NSW Totalizator Agency Board, NSW Racing Pty Limited, the NSW Thoroughbred Racing Board, Harness Racing New South Wales and the Greyhound Racing Authority (NSW), as in force from time to time,(b) the agreement titled “Intra-Code Deed” dated 3 March 1998 between the NSW Thoroughbred Racing Board, AJC, Sydney Turf Club, Provincial Association of New South Wales and NSW Country Racing Council, as in force from time to time.(5) The Minister may not make a determination under this section after 31 January 2011.
117C Compensation for loss of entitlement to revenue
(1) If, as a consequence of any agreements or arrangements entered into relating to the conduct of an approved betting activity or the distribution of revenue derived from that activity, the Provincial Association of New South Wales or Racing NSW Country Limited lose an entitlement to revenue derived from that activity, Racing NSW is to compensate the body or bodies concerned for that loss of revenue.(2) In this section:approved betting activity means a betting activity conducted by a licensee on computer simulated horse racing, harness racing or greyhound racing events in accordance with an approval under section 13.
The following Acts, regulations and rules are repealed:• Totalizator Act 1916 No 75,• Totalizator (Off-course) Betting Act 1964 No 1,• Totalizator Legislation (Amendment) Act 1993 No 58,• Totalizator Legislation Amendment Act 1995 No 5,• Totalizator Legislation Further Amendment Act 1995 No 59,• Totalizator (Off-course Betting) Amendment Act 1981 No 45,• Totalizator (Off-course Betting) Amendment Act 1996 No 72,• Totalizator Regulation 1993,• Totalizator Rule 1993,• Totalizator (Off-course Betting) Regulation 1994.
120 Savings, transitional and other provisions
Schedule 2 has effect.
(1) The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.(2) The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.(3) A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.