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TOTALIZATOR (OFF-COURSE BETTING) AMENDMENT
BILL 1991
NEW SOUTH WALES
EXPLANATORY NOTE
(This Explanatory Note relates to this Bill as introduced into Parliament)
The object of this Bill is to amend the Totalizator (Off-course Betting) Act 1964 so
as:
(a) to allow the Totalizator Agency Board ("the Board") to conduct sweepstakes
on the Melbourne Cup and such other events as the Minister authorises and to
provide for the making of rules in relation to the conduct of those sweepstakes;
and
(b) to provide for the deduction of commission from investments on those
sweepstakes at the rate of 25 pea cent, comprising:
(i) commission at the rate of 15 per cent to be retained by the Board; and
(ii) commission at the rate of 10 per cent to be paid to the Sport and
Recreation Fund.
The Bill also makes a minor consequential amendment to the Tourism commission
Act 1984.
Clause 1 specifics the short title of the proposed Act.
Clause 2 provides that the proposed Act is to commence on a day or days PO be
appointed by proclamation.
Clause 3 is a formal provision that gives effect to Schedule 1, which contains
amendments to the Totalizator (Off-Course Betting) Act 1964 ("the Principal Act").
Clause 4 makes a minor consequential amendment to section 23 of the Tourism
Commission Act 1984 (Tourism Development Fund). The amendment is consequential
on the amendment made by Schedule 1 (5) and removes the possibility of money
derived from totalizator betting or a sweepstake from being paid into the Tourism
Development Fund
2
Totalizator (Off-course Betting) Amendment 1991
Schedule 1 (1) amends the long title to the Principal Act. The amendment is
consequential on the amendment made by Schedule 1 (3).
Schedule 1 (2) amends section 2 of the Principal Act (Definitions) by introducing a
definition of "Bet". The definition of "Bet" is intended to make it clear that, when that
expression is used in the Principal Act, it includes a right to purchase a chance to win
prize money in a sweepstake conducted by the Board under proposed section 12B.
Schedule 1 (3) inserts in the Principal Act proposed section 12B. The proposed
section will enable the Board, with the approval of the Minister, to conduct sweepstakes
on such events as the Melbourne Cup horse race. Under the proposed section, the Board
will be empowered to prepare rules for the conduct of such sweepstakes. Such rules will
require the Minister's approval before they take effect. The proposed section applies
section 13 of the Act (which relates to the conduct of totalizator betting) to the conduct
of a sweepstake. The effect of this is to make it clear that the conduct of a sweepstake is
lawful despite the provisions of any other Act or law to the contrary.
Schedule 1 (4) amends section 13B of the Principal Act, which at present provides
for the distribution of money invested on events other than race meetings. As a result of
the amendments, the section will also deal with the distribution of money received from
persons who participate in sweepstakes conducted by the Board. Of the money, 75 per
cent will be paid out as prize money, the Board will retain 15 per cent as commission
and the rest will be paid into the Consolidated Fund and eventually transferred to the
Sport and Recreation Fund established under the Soccer Football Pools Act 1975.
Schedule 1 (5) amends section 14 of the Principal Act (Provisions relating to
payments by and to the Board). As a result of the amendment, sections 8B, 9, 9B and 11
of the Totalizator Act 1916 will, with appropriate modifications, apply to money that the
Board receives from the conduct of sweepstakes under proposed section 12B. Those
sections respectively relate to:
* payments to the Minister
* unclaimed and incorrectly calculated dividends and unclaimed refunds
* unclaimed money
* returns to be made to the Minister
Schedule 1 (6) amends section 17 of the Principal Act (Provisions relating to the
betting operations of the Board). The amendments to the section are largely
consequential on proposed section 12B. However, other amendments recognise that
messages may now be transmitted electronically by means other than telegram or
telephone.
Schedule 1 (7) makes a minor amendment to section 21 of the Principal Act
(Regulations), which also recognises that bets may be transmitted otherwise than by
letter, telegram or telephone.