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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Statutes Amendment (Betting Operations)
Bill 2008
A BILL FOR
An Act to amend the Authorised Betting Operations Act 2000 and
the Lottery and Gaming Act 1936.
Contents
Part 1—Preliminary
1 Short
title
2 Commencement
3 Amendment provisions
Part 2—Amendment of Authorised Betting Operations
Act 2000
4 Amendment of long title
5 Amendment of section
3—Interpretation
6 Amendment of section 4—Approved
contingencies
7 Insertion of section 6A
6A Codes of
practice etc
8 Amendment of section 12—Approved licensing
agreement
9 Amendment of section 13—Racing distribution
agreement
10 Substitution of heading to Part 3
11 Insertion of Part
3A
Part 3A—Authorisation of interstate betting
operators
40A Authorisation of interstate betting
operators
40B Annual fees and
returns
12 Substitution of heading to Part 4 Division
1
13 Amendment of section 43—Prevention of betting by
children
14 Substitution of sections 48 and
49
48 Advertising code of
practice
49 Responsible gambling code of
practice
15 Amendment of section 50—Major betting operations
licensee may bar excessive gamblers
16 Amendment of section
51—Alteration of approved rules, systems, procedures or
equipment
17 Repeal of section 51A
18 Insertion of section
53A
53A Bets by telephone, Internet or other electronic
means
19 Repeal of section 56
20 Amendment of section
60—Prevention of betting with children by bookmaker or
agent
21 Insertion of sections 60A and 60B
60A Advertising
code of practice
60B Responsible gambling code of
practice
22 Amendment of section 62—Rules relating to
bookmakers' operations
23 Insertion of Part 4 Divisions 3 and 4
Division 3—Interstate betting
operations
62A Prevention of betting by
children
62B Advertising code of
practice
62C Responsible gambling code of
practice
62D Notification
Division 4—Betting operations relating to
racing
62E Integrity agreements and contribution
agreements
62F Supreme Court
review
62G Contributions for betting operations on
races held on or after 1 September 2008 and before commencement of section
62E
62H Disclosure of information and
confidentiality
62I Prosecution requires Authority's
consent
24 Amendment of section 64—Power to obtain
information
25 Amendment of section 67—Statutory
default
26 Amendment of section 68—Effect of criminal
proceedings
27 Amendment of section 69—Compliance
notice
28 Amendment of section 70—Expiation notice
29 Amendment of
section 71—Injunctive remedies
30 Amendment of section
72—Disciplinary action
31 Amendment of section 78—Finality of
Authority's decisions
32 Amendment of section 81—Further trade
practices authorisations
33 Amendment of section 89—Evidence
Part 3—Amendment of Lottery and Gaming
Act 1936
34 Amendment of section 60—Public betting and
advertising
35 Insertion of section 65
65 Unauthorised
betting exchange prohibited
Schedule 1—Transitional
provisions
1 Authorised Betting Operations Act—codes of
practice
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Statutes Amendment (Betting Operations)
Act 2008.
This Act will come into operation on a day to be fixed by
proclamation.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Authorised Betting Operations
Act 2000
Long title—delete "licensing and"
5—Amendment of
section 3—Interpretation
(1) Section 3(1)—before the definition of agent's
licence insert:
advertising code of practice—see section 6A;
(2) Section 3(1)—after the definition of approved licensing
agreement insert:
authorised interstate betting operator—see section
40A(3);
(3) Section 3(1)—after the definition of Authority
insert:
betting exchange means a facility, electronic or otherwise,
designed to provide a mechanism through which—
(a) offers to make bets are regularly made and accepted; or
(b) offers or invitations to make bets are regularly made that are
intended to result, or may reasonably be expected to result, directly or
indirectly, in the acceptance of the offers or invitations,
but does not include a facility involved in the activities of a bookmaker
or the conduct of totalisator betting;
(4) Section 3(1)—after the definition of compliance
notice insert:
conduct betting operations—a person conducts betting
operations if the person conducts totalisator betting, acts as a bookmaker or
conducts a betting exchange;
contribution agreement—see section 62E;
(5) Section 3(1)—after the definition of horse race or
horse racing insert:
integrity agreement—see section 62E;
interstate betting operator means—
(a) a person who holds a prescribed interstate licence (including a
licence that is suspended); or
(b) a statutory body established under the law of another State or a
Territory of the Commonwealth for the purpose of conducting betting operations
in that State or Territory;
(6) Section 3(1)—after the definition of on-course totalisator
betting licence insert:
prescribed interstate licence means a licence or other
authority issued under the law of another State or a Territory of the
Commonwealth authorising the holder to conduct betting operations in that State
or Territory, but does not include a licence of a class excluded by regulation
from the ambit of this definition;
(7) Section 3(1)—after the definition of racing distribution
agreement insert:
responsible gambling code of practice—see section
6A;
(8) Section 3(1)—after the definition of substantial
holding insert:
telephone, Internet or other electronic means—see
subsection (3);
(9) Section 3—after subsection (2) insert:
(3) In this Act, a reference to telephone, Internet or other
electronic means is a reference to a means of communicating at a
distance by the use of electronic devices.
6—Amendment of
section 4—Approved contingencies
(1) Section 4(1)—delete ", by notice in the Gazette, approve, for"
and substitute:
approve, for all or
(2) Section 4(2), (2a) and (3)—delete subsections (2), (2a) and (3)
and substitute:
(2) The Authority may vary or revoke an approval.
(3) Before approving contingencies or varying an approval, the Authority
must—
(a) have regard to—
(i) the standards of probity applying in relation to the contingencies;
and
(ii) available evidence of the past conduct of events to which the
contingencies relate (if any); and
(iii) the likely nature and scale of betting operations in relation to the
contingencies; and
(iv) whether betting operations in relation to the contingencies are
lawful in another State or a Territory of the Commonwealth; and
(v) the appropriateness in other respects of the contingencies for the
conduct of betting operations generally or the particular betting operations
concerned; and
(b) give prior written notice of the proposal to the Minister.
(3a) The Authority must, within 14 days after approving contingencies or
varying or revoking an approval, publish a notice in the Gazette setting out the
terms of the approval, variation or revocation.
After section 6 insert:
6A—Codes of practice etc
(1) For the purposes of this Act, the Authority may, by notice in the
Gazette, prescribe—
(a) advertising codes of practice; and
(b) responsible gambling codes of practice; and
(c) requirements for systems and procedures designed to prevent bets from
being made by children in the course of betting operations conducted by
telephone, Internet or other electronic means.
(2) A code of practice may apply generally to all betting operations or to
betting operations of a particular class.
(3) Without limiting the generality of subsection (1)(b), a
responsible gambling code of practice may—
(a) require information relating to responsible gambling and the
availability of services to address problems associated with gambling to be
displayed, announced or made available to persons proposing to make bets;
and
(b) deal with training of staff involved in betting operations with
respect to responsible gambling practices and the services available to address
problems associated with gambling; and
(c) —
(i) require accounts to be kept for persons who make bets by telephone,
Internet or other electronic means; and
(ii) require the accounts to be managed in a way that allows the amount
available for betting at any given time to be limited; and
(iii) require account statements to be provided at regular intervals;
and
(d) include other matters designed to reduce the incidence of problem
gambling.
(4) The Authority may, by subsequent notice in the Gazette, vary or revoke
a notice under this section.
(5) A notice published in the Gazette under this section may come into
operation on the day on which it is published or on a later day or days
specified in the notice.
(6) Sections 10 and 10A of the Subordinate Legislation
Act 1978 apply to a notice published in the Gazette under this section
as if it were a regulation within the meaning of that Act.
(7) The Authority must review the codes of practice prescribed under this
section at least every 5 years.
(8) In preparing and reviewing codes of practice, the Authority must seek
and consider written submissions from licensees and authorised interstate
betting operators to whom the codes apply and from interested members of the
public.
8—Amendment of
section 12—Approved licensing agreement
Section 12(13)—before the definition of giving effect
insert:
entering into an agreement means entering into or negotiating
an agreement, including acting collectively or in combination with others in or
with respect to the negotiation of an agreement;
9—Amendment of
section 13—Racing distribution agreement
Section 13(9)—before the definition of giving effect
insert:
entering into an agreement means entering into or negotiating
an agreement, including acting collectively or in combination with others in or
with respect to the negotiation of an agreement;
10—Substitution of
heading to Part 3
Heading to Part 3—delete the heading and substitute:
Part 3—Bookmaker's and other
licences
After Part 3 insert:
Part 3A—Authorisation of interstate betting
operators
40A—Authorisation of interstate betting
operators
(1) An interstate betting operator may give notice to the Authority
of—
(a) the operator's intention to conduct betting operations in this State
as from a specified date; or
(b) the cessation of the conduct of those betting operations in this State
as from a specified date.
(2) The notice must be in the form required by the Authority.
(3) For the purposes of this Act, an interstate betting operator is an
authorised interstate betting operator on and from the date
specified in a notice of intention to conduct betting operations until the date
specified in a notice of the cessation of the conduct of the betting
operations.
(4) An authorised interstate betting operator is authorised to conduct
betting operations in this State provided that:
(a) the betting is conducted only by telephone, Internet or other
electronic means; and
(b) the betting is not in any way assisted by facilities established in
this State for the purpose of encouraging such betting; and
(c) the betting relates only to races held by licensed racing clubs and
approved contingencies; and
(d) the operator is authorised to conduct the operations under a
prescribed interstate licence or in the operator's capacity as a statutory body;
and
(e) a prescribed interstate licence held by the operator authorising the
operations is not suspended; and
(f) the operator is not prohibited from conducting the operations under
this Act.
(5) The Authority must keep a list of authorised interstate betting
operators (including details of notices given under this section and any
disciplinary action taken against operators) available for inspection free of
charge on a website and at its principal place of business during normal office
hours.
(6) For the purposes of this section—
(a) if a person in this State may make a bet with an interstate betting
operator, the operator conducts betting operations in this State; and
(b) if a person in this State may make a bet by means of a betting
exchange, the person who conducts the betting exchange conducts betting
operations in this State.
40B—Annual fees and returns
(1) An authorised interstate betting operator must, within 1 month after
giving notice of intention to conduct betting operations in this State under
this Part, pay to the Authority the annual fee fixed by the Minister, adjusted
on a pro rata basis by applying the proportion that the number of months from
the giving of the notice until the next 30 June bears to 12 (with part of a
month being counted as a whole month).
(2) An authorised interstate betting operator must, on or before
30 September in each year—
(a) lodge with the Authority an annual return for the previous financial
year containing the information required by the Authority by written notice;
and
(b) pay to the Authority the annual fee fixed by the Minister.
(3) The annual fee is the fee fixed, from time to time, by the Minister in
respect of that operator as an amount that the Minister considers to be a
reasonable contribution towards administrative costs.
(4) If an authorised interstate betting operator fails to lodge an annual
return or pay an annual fee in accordance with this section, the Authority may,
by written notice, require the operator to make good the default and, in
addition, to pay to the Authority the amount prescribed as a penalty for
default.
(5) If the authorised interstate betting operator fails to comply with the
notice within 28 days after service of the notice, the operator is prohibited
from conducting betting operations in this State until the failure is
rectified.
(6) The Authority must notify the authorised interstate betting operator
in writing of the prohibition.
(7) A notice of cessation of the conduct of betting operations in this
State given to the Authority by an interstate betting operator under this Part
must be accompanied by a return containing the information that would have been
required to be included in the next annual return of the operator had its
operations continued (and the notice will not be taken to have been given until
such a return is provided).
12—Substitution of
heading to Part 4 Division 1
Heading to Part 4 Division 1—delete the heading to Division 1 and
substitute:
Division 1—Major betting operations and on-course
totalisator betting operations
13—Amendment of
section 43—Prevention of betting by children
After its present contents (now to be designated as subsection (1))
insert:
(2) In approving systems and procedures under this section, the
Commissioner must have regard to any relevant requirements prescribed by the
Authority under section 6A for systems and procedures designed to prevent bets
from being made by children in the course of betting operations conducted by
telephone, Internet or other electronic means.
14—Substitution of
sections 48 and 49
Sections 48 and 49—delete the sections and substitute:
48—Advertising code of
practice
It is a condition of the major betting operations licence or an on-course
totalisator betting licence that the licensee must ensure that advertising by
the licensee conforms with the applicable advertising codes of
practice.
49—Responsible gambling code of
practice
It is a condition of the major betting operations licence or an on-course
totalisator betting licence that the licensee must ensure that operations under
the licence conform with the applicable responsible gambling codes of
practice.
15—Amendment of
section 50—Major betting operations licensee may bar excessive
gamblers
Section 50(1)(c)—after "telephone" insert:
, Internet
16—Amendment of
section 51—Alteration of approved rules, systems, procedures or
equipment
(1) Section 51(aa1) and (a1)—delete subsections (aa1) and
(a1)
(2) Section 51—delete "relevant authority" wherever occurring and
substitute in each case:
Commissioner
(3) Section 51(1)—delete "equipment or code of practice provisions"
and substitute:
or equipment
(4) Section 51(4)—delete subsection (4)
Section 51A—delete the section
After section 53 insert:
53A—Bets by telephone, Internet or other electronic
means
(1) It is a condition of a bookmaker's licence that the licensee must not
accept bets made by telephone, Internet or other electronic means unless the
licence is endorsed with an authorisation to do so.
(2) An endorsement may be expressed generally so as to authorise the
acceptance of bets by all forms of electronic communication or may be limited to
particular forms of electronic communication.
(3) The Minister may give the Commissioner binding directions about the
granting of licences endorsed with an authorisation to accept bets made by
telephone, Internet or other electronic means.
Section 56—delete the section
20—Amendment of
section 60—Prevention of betting with children by bookmaker or
agent
Section 60—after subsection (1) insert:
(1a) In approving systems and procedures under this section, the
Commissioner must have regard to any relevant requirements prescribed by the
Authority under section 6A for systems and procedures designed to prevent bets
from being made by children in the course of betting operations conducted by
telephone, Internet or other electronic means.
21—Insertion of
sections 60A and 60B
After section 60 insert:
60A—Advertising code of
practice
It is a condition of a bookmaker's licence that the licensee must ensure
that advertising by the licensee conforms with the applicable advertising codes
of practice.
60B—Responsible gambling code of
practice
It is a condition of a bookmaker's licence that the licensee must ensure
that operations under the licence conform with the applicable responsible
gambling codes of practice.
22—Amendment of
section 62—Rules relating to bookmakers' operations
Section 62(1)(d)—delete "prohibiting or restricting" and
substitute:
regulating
23—Insertion of
Part 4 Divisions 3 and 4
After Part 4 Division 2 insert:
Division 3—Interstate betting
operations
62A—Prevention of betting by
children
An authorised interstate betting operator—
(a) must not accept or offer to accept a bet from a child in this State;
and
(b) must have systems and procedures that are designed to prevent bets
from being made by children in this State in the course of betting operations
conducted by telephone, Internet or other electronic means and that conform with
the requirements prescribed by the Authority under section 6A for systems and
procedures designed for that purpose.
62B—Advertising code of
practice
An authorised interstate betting operator must ensure that advertising in
this State by the operator conforms with the applicable advertising codes of
practice.
62C—Responsible gambling code of
practice
An authorised interstate betting operator must ensure that the operator's
betting operations in this State conform with the applicable responsible
gambling codes of practice.
62D—Notification
If criminal or disciplinary proceedings are commenced against an authorised
interstate betting operator, or a close associate of the operator, in relation
to the operator's betting operations, the authorised interstate betting operator
must give written notice to the Authority setting out details of the proceedings
within 14 days after the commencement of the proceedings.
Division 4—Betting operations relating to
racing
62E—Integrity agreements and contribution
agreements
(1) A person (the operator) must not conduct betting
operations in relation to a race held in this State by a racing club (SA
race betting operations) unless the operator has entered into an
integrity agreement and a contribution agreement with the relevant racing
controlling authority conforming with the requirements of this section and both
agreements are in force.
Maximum penalty: $25 000 or imprisonment for 1 year.
(2) Subsection (1)—
(a) applies whether the SA race betting operations are conducted wholly
within or outside the State or partly in the State and partly outside the State;
and
(b) does not apply in relation to betting operations conducted by a
licensed racing club under an on-course totalisator betting licence in relation
to a race held by the club.
(3) Without limiting the matters that may be included in an integrity
agreement, the agreement must include—
(a) provisions requiring the operator to provide to the racing controlling
authority on request information about the operator's SA race betting operations
(which may include information relating to trade secrets or business processes,
financial information and information identifying or relating to persons making
bets), verified, if the controlling authority so requires, by statutory
declaration; and
(b) provisions requiring the operator to implement specified measures to
identify potential issues of probity in relation to the operator's SA race
betting operations and report identified issues to the racing controlling
authority; and
(c) provisions requiring the operator to inform the racing controlling
authority of any criminal or disciplinary proceedings commenced against the
operator, or a close associate of the operator, in connection with any betting
operations; and
(d) provisions requiring the operator to facilitate investigations or
inquiries into the conduct of the operator's SA race betting operations;
and
(e) provisions establishing a dispute resolution procedure; and
(f) other provisions prescribed by regulation.
(4) Without limiting the matters that may be included in a contribution
agreement, the agreement must include—
(a) provisions requiring the operator to make contributions to the
relevant racing controlling authority in respect of the operator's SA race
betting operations and setting out how those contributions are to be calculated
and the terms for payment; and
(b) provisions requiring the operator to provide to the relevant racing
controlling authority such information as is reasonably required for the
purposes of calculating the contributions due to the controlling authority,
verified, if the controlling authority so requires, by statutory declaration;
and
(c) provisions requiring the operator to provide to the relevant racing
controlling authority an annual report verifying that contributions have been
made as required by the agreement prepared by the auditor of accounts that the
operator is required to keep under the Corporations Act 2001 of the
Commonwealth, as in force from time to time, or some other registered company
auditor; and
(d) provisions establishing a dispute resolution procedure; and
(e) other provisions prescribed by regulation.
(5) If a person seeks to negotiate an agreement with a racing controlling
authority under this section, the controlling authority must negotiate with the
person in good faith subject to and in accordance with legal requirements
(including, without limitation, the requirements relating to authority to
conduct betting operations in this State under the Lottery and Gaming
Act 1936 and this Act and the requirements of section 92 of the
Constitution of the Commonwealth).
(6) An integrity agreement or contribution agreement may be varied by a
later agreement between the parties.
(7) Contributions payable under a contribution agreement are recoverable
as a debt due to the racing controlling authority.
(8) If the operator holds a licence under this Act, it is a condition of
the licence that the operator must perform its obligations under an integrity
agreement and contribution agreement.
(9) For the purposes of subsection (1), the racing distribution
agreement will be taken to be a contribution agreement entered into by the
holder of the major betting operations licence with each of the racing
controlling authorities.
(10) Entering into, giving effect to, or enforcing an integrity agreement
or contribution agreement by a racing controlling authority is, subject to
conditions and limitations prescribed by regulation, authorised for the purposes
of section 51 of the Trade Practices Act 1974 of the Commonwealth,
as in force from time to time, and the Competition Code of South
Australia.
(11) Subsection (10) applies only in relation to provisions required
by this section to be included in an integrity agreement or contribution
agreement.
(12) If an operator conducts SA race betting operations when a
contribution agreement is not in force, the relevant racing controlling
authority may—
(a) recover as a debt due to the controlling authority by the operator
contributions in respect of the betting operations calculated in accordance with
the regulations; and
(b) by written notice to the operator, require the operator to provide to
the controlling authority such information as is reasonably required for the
purposes of calculating the contributions, verified, if the controlling
authority so requires, by statutory declaration.
(13) In this section—
entering into an agreement means entering into or negotiating
an agreement, including acting collectively or in combination with others in or
with respect to the negotiation of an agreement;
giving effect to an agreement includes complying with an
obligation or exercising a right or power under the agreement;
relevant racing controlling authority, in relation to a race,
means—
(a) in the case of a horse race—the racing controlling authority for
horse racing;
(b) in the case of a harness race—the racing controlling authority
for harness racing;
(c) in the case of a greyhound race—the racing controlling authority
for greyhound racing.
62F—Supreme Court review
(1) On an application by a person who is a party to an agreement under
section 62E or is seeking to negotiate such an agreement, the Supreme Court may,
if satisfied that the racing controlling authority's conduct or proposed conduct
constitutes or would constitute a contravention of section 62E, make 1 or more
of the following orders:
(a) if an agreement has been entered into—an order setting aside the
agreement (with effect from a specified date which may be a date earlier than
the date of the application);
(b) an order requiring the controlling authority to refrain from specified
action or to take specified action or to remedy any adverse consequence of the
controlling authority's conduct;
(c) any other order the Court thinks fit.
(2) In this section—
conduct includes a failure to act.
62G—Contributions for betting operations on races
held on or after 1 September 2008 and before commencement of section
62E
(1) If a person who conducted betting operations in relation to a
designated race (the operator) enters into a contribution
agreement on or within 3 months after the commencement of section 62E, the
agreement will, subject to any express provision in the agreement to the
contrary, be taken to include the following terms:
(a) the operator must pay to the relevant racing controlling authority
within 1 month after the agreement is entered into the following
contributions:
(i) in the case of totalisator betting on designated races—1.5% of
the gross turnover of the betting operations; and
(ii) in the case of other forms of betting on designated races—20%
of the gross proceeds of the betting operations;
(b) the operator must, at the written request of the racing controlling
authority, provide to the controlling authority such information as is
reasonably required for the purposes of calculating the contributions, verified,
if the controlling authority so requires, by statutory declaration.
(2) If a person who conducted betting operations in relation to a
designated race (the operator) has not entered into a contribution
agreement within 3 months after the commencement of section 62E, the relevant
racing controlling authority may—
(a) recover as a debt due to the controlling authority by the operator the
following contributions:
(i) in the case of totalisator betting on designated races—1.5% of
the gross turnover of the betting operations; and
(ii) in the case of other forms of betting on designated races—20%
of the gross proceeds of the betting operations; and
(b) by written request, require the operator to provide to the controlling
authority such information as is reasonably required for the purposes of
calculating the contributions, verified, if the controlling authority so
requires, by statutory declaration.
(3) This section does not apply in relation to betting operations
conducted by—
(a) the holder of the major betting operations licence; or
(b) a licensed racing club under an on-course totalisator betting licence
in relation to a race held by the club.
(4) The Governor may, by regulation, declare that an amount of a
particular class is or is not to be included in the calculation of gross
turnover or gross proceeds of betting operations for the purposes of this
section.
(5) In this section—
designated race means a race held in this State by a racing
club on or after 1 September 2008 and before the commencement of
section 62E;
relevant racing controlling authority has the same meaning as
in section 62E.
62H—Disclosure of information and
confidentiality
(1) If a person defaults in providing information to a racing controlling
authority as required by an integrity agreement or contribution agreement or by
this Division, the controlling authority may apply to the Supreme Court for an
order requiring the disclosure of the information.
(2) On an application, the Supreme Court may make such orders as it thinks
fit to remedy the default and to prevent recurrence of similar
defaults.
(3) A racing controlling authority may provide information obtained under
this Division—
(a) to an agency or instrumentality of this State, the Commonwealth or
another State or a Territory of the Commonwealth for the purposes of the
performance of its functions; and
(b) to any of the following for purposes connected with an investigation
or inquiry into, or other functions relating to, the conduct of a race or
betting on a race:
(i) other racing controlling authorities;
(ii) licensed racing clubs;
(iii) race stewards;
(iv) racing appeals tribunals;
(v) other persons with responsibilities for regulating the conduct of a
race or betting on a race;
(vi) any person or body in another State or a Territory of the
Commonwealth corresponding to a person or body referred to in a preceding
subparagraph.
(4) A racing controlling authority must not divulge information relating
to trade secrets or business processes, financial information or information
tending to identify a person obtained under this Division
except—
(a) as authorised by or under this Act or any other law; or
(b) with the consent of the person from whom the information was obtained
or to whom the information relates; or
(c) for a purpose connected with the payment of contributions under a
contribution agreement or this Act; or
(d) for the purpose of legal proceedings arising under this Act or in
relation to an agreement under this Act.
Maximum penalty: $10 000.
(5) Information that has been disclosed under this section for a
particular purpose must not be used for any other purpose by—
(a) the person to whom the information was disclosed; or
(b) any other person who gains access to the information (whether properly
or improperly and whether directly or indirectly) as a result of that
disclosure.
Maximum penalty: $10 000.
62I—Prosecution requires Authority's
consent
(1) A prosecution for an offence against this Division may only be
commenced with the consent of the Authority.
(2) In legal proceedings, an apparently genuine certificate certifying
that the Authority consented to the commencement of a prosecution for an offence
against this Division will, in the absence of proof to the contrary, be accepted
as proof of that consent.
24—Amendment of
section 64—Power to obtain information
Section 64—after its present contents (now to be designated as
subsection (1)) insert:
(2) An authorised interstate betting operator must, on the written request
of the Authority or the Commissioner, provide information that the Authority or
the Commissioner requires for the administration or enforcement of this
Act.
25—Amendment of
section 67—Statutory default
Section 67(1)—after paragraph (d) insert:
(e) an authorised interstate betting operator contravenes or fails to
comply with a provision of this Act or fails to discharge an obligation under an
integrity agreement or contribution agreement.
26—Amendment of
section 68—Effect of criminal proceedings
Section 68(2)(a)—after "licensee" insert:
or operator
27—Amendment of
section 69—Compliance notice
(1) Section 69(1)—delete "If a statutory default occurs" and
substitute:
If the Authority is satisfied that a statutory default has
occurred
(2) Section 69—after "licensee" wherever occurring insert:
or operator
(3) Section 69(2), penalty provision—after "licence"
insert:
or an authorised interstate betting operator
28—Amendment of
section 70—Expiation notice
(1) Section 70(1)—delete "If a statutory default occurs" and
substitute:
If the Authority believes on reasonable grounds that a statutory default
has occurred
(2) Section 70(1)—after "licensee" wherever occurring
insert:
or operator
(3) Section 70(1)(a)—after "licence" insert:
or an authorised interstate betting operator
29—Amendment of
section 71—Injunctive remedies
Section 71(1)—delete "If a statutory default occurs or there are
reasonable grounds to believe that a statutory default" and
substitute:
If there are reasonable grounds to believe that a statutory default has
occurred or
30—Amendment of
section 72—Disciplinary action
(1) Section 72(1)—delete "If a statutory default occurs" and
substitute:
If the Authority believes on reasonable grounds that a statutory default
has occurred
(2) Section 72—after "licensee" wherever occurring insert:
or operator
(3) Section 72(3)(b)(i)—after "licence" insert:
or an authorised interstate betting operator
(4) Section 72(3)(c) to (f) (inclusive)—delete paragraphs (c) to (f)
and substitute:
(c) in the case of a licensee, the Authority may—
(i) vary the conditions of the licence (irrespective, in the case of the
major betting operations licence, of any provision of the approved licensing
agreement excluding or limiting the power of variation of the conditions of the
licence);
(ii) give written directions to the licensee as to the winding up of
betting operations under the licence;
(iii) suspend the licence for a specified or unlimited period;
(iv) cancel the licence;
(d) in the case of an authorised interstate betting operator, the
Authority may—
(i) give written directions to the operator as to the winding up of
betting operations in this State;
(ii) prohibit the operator from conducting betting operations in this
State for a specified or unlimited period.
(5) Section 72(5)—delete "the licence" and substitute:
a licence or imposes a prohibition
(6) Section 72(5)—after "suspension" insert:
or prohibition
(7) Section 72(7), penalty provision—after "licence"
insert:
or an authorised interstate betting operator
31—Amendment of
section 78—Finality of Authority's decisions
Section 78(1)(a)—after "licensee" insert:
or authorised interstate betting operator
32—Amendment of
section 81—Further trade practices authorisations
Section 81(2)—before the definition of giving effect
insert:
entering into an agreement means entering into or negotiating
an agreement, including acting collectively or in combination with others in or
with respect to the negotiation of an agreement;
33—Amendment of
section 89—Evidence
Section 89(1)(a)—after "approval" insert:
or an authorised interstate betting operator
Part 3—Amendment
of Lottery and Gaming
Act 1936
34—Amendment of
section 60—Public betting and advertising
(1) Section 60(c)—delete "in any public newspaper or by circular,"
and substitute:
in printed or electronic form
(2) Section 60(c)—delete "or take part in any bet or sweepstakes"
and substitute:
any sweepstakes or to make a bet or otherwise advertising the business or
services of a person who conducts totalisator betting, acts as a bookmaker or
conducts a betting exchange (within the meaning of section 65).
After section 64 insert:
65—Unauthorised betting exchange
prohibited
(1) A person must not establish or conduct a betting exchange.
Maximum penalty: $20 000 or imprisonment for 1 year.
(2) For the purposes of subsection (1), and without limiting the
effect of that subsection, a person will be taken to conduct a betting exchange
in South Australia if the person allows a person in South Australia to make a
bet by means of the betting exchange.
(3) A person must not make a bet, or take action for the purpose of making
a bet, through the use of a betting exchange.
Maximum penalty: $5 000 or imprisonment for 6 months.
(4) In this section—
betting exchange means a facility, electronic or otherwise,
designed to provide a mechanism through which—
(a) offers to make bets are regularly made and accepted; or
(b) offers or invitations to make bets are regularly made that are
intended to result, or may reasonably be expected to result, directly or
indirectly, in the acceptance of the offers or invitations,
but does not include a facility involved in the activities of a bookmaker
or the conduct of totalisator betting.
Schedule
1—Transitional provisions
1—Authorised
Betting Operations Act—codes of practice
(1) Section 6A(6) and (8) of the Authorised Betting Operations
Act 2000 as inserted by this Act does not apply to the first notices
published in the Gazette under that section prescribing—
(a) an advertising code of practice applicable to operations under the
major betting operations licence or an on-course totalisator betting licence;
and
(b) a responsible gambling code of practice applicable to operations under
the major betting operations licence or an on-course totalisator betting
licence,
(and, consequently, consultation is not required and the notices need not
be laid before both Houses of Parliament and are not subject to
disallowance).
(2) The Authority must ensure that—
(a) the advertising code of practice first prescribed by the Authority
applicable to operations under the major betting operations licence or an
on-course totalisator betting licence is substantially in the form of the codes
of practice approved by the Authority under section 48 of the Authorised
Betting Operations Act 2000 immediately before the commencement of this
paragraph; and
(b) the responsible gambling code of practice first prescribed by the
Authority applicable to operations under the major betting operations licence or
an on-course totalisator betting licence is substantially in the form of the
codes of practice approved by the Authority under section 49 of the
Authorised Betting Operations Act 2000 immediately before the
commencement of this paragraph.
(3) Failure to comply with subclause (2) does not affect the validity
of a code of practice.