Australian Capital Territory
Bookmakers Act 1985    (repealed)
A1985-43
Republication No 4D
Effective:  8 September 2001
Republication date: 10 August 2006
As repealed by A2001-49 s 102

Unauthorised version prepared by ACT Parliamentary Counsel’s Office

About this republication
The republished law
This is a republication of the Bookmakers Act 1985 (repealed) effective 8 September 2001.
Kinds of republications
The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au):
•	authorised republications to which the Legislation Act 2001 applies
•	unauthorised republications.
The status of this republication appears on the bottom of each page.
Editorial changes
The Legislation (Republication) Act 1996, part 3, division 2 authorised the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication.  Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation (Republication) Act 1996, s 14 and s 16).  The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.  

Australian Capital Territory

BOOKMAKERS act 1985
This consolidation has been prepared by the ACT Parliamentary Counsel’s Office
TABLE OF PROVISIONS
Section
Part I—Preliminary
	1.	Short title
	2.	Commencement
	3.	Interpretation
Part II—Administration
Division 1—General
	4.	Registrar
	5.	Inspectors
	5AA.	Identity cards
	5A.	Register of Bookmakers
Division 2—Bookmakers Licensing Committee
	6.	Establishment
	7.	Functions
	8.	Powers
	9.	Membership
	10.	Chairperson
	11.	Resignation of member
	12.	Termination of appointment
	13.	Acting member
	14.	Meetings
	15.	Disclosure of pecuniary interest
	16.	Protection of members
Division 3—Powers of entry and search
	18.	Powers of entry—betting venues
	19.	Powers of entry etc.—non-residential premises
	20.	Powers of entry etc.—premises generally
	21.	Search warrants
	22.	Consent to entry
	23.	Obstruction of Registrar or inspector
Part III—Licensing of Bookmakers
Division 1—-Standing Licences
	24.	Application for standing licence
	25.	Grant of standing licence
	26.	Kinds of licence
	27.	Issue of standing licence
	28.	Duration of standing licence
	29.	Fees for standing licence
	30.	Reconsideration by Registrar
	31.	Penalty for late payment
	32.	Signing of licence by bookmaker
	33.	Suspension and cancellation of standing licences
	34.	Representations to Committee
Division 2—Bookmaker’s Agent’s Licences
	35.	Application for bookmaker’s agent’s licence
	36.	Grant of bookmaker’s agent’s licence
	36A.	Issue of bookmaker’s agent’s licences
	37.	Duration of licence
	38.	Effect of licence
	39.	Cancellation of licence
part iiia—sports betting
Division 1—General
	39A.	Sports betting events
	39B.	Sports betting venues
	39C.	Rules for sports betting
Division 2—Sports betting licences
	39D.	Number and class of licences
	39E.	Application
	39F.	Suitability
	39G.	Grant of licence
	39H.	Registration of particulars
	39I.	Duration
	39J.	Surrender
	39K.	Fees
	39L.	Syndicates—liability
	39M.	Syndicates—notices
	39N.	Cancellation inquiry
	39P.	Mandatory cancellation
	39Q.	Discretionary cancellation
Division 3—Sports betting agent’s licences
	39R.	Interpretation
	39S.	Application
	39T.	Grant
	39U.	Notice of refusal
	39V.	Duration
	39W.	Surrender
	39X.	Fees
	39Y.	Cancellation inquiry
	39Z.	Mandatory cancellation
	39ZA.	Discretionary cancellation
Division 4—Sports betting disputes
	39ZB.	Interpretation
	39ZC.	Sports Betting Disputes Subcommittee
	39ZD.	Referral of disputed claims to Registrar
	39ZE.	Notices and information about claims
	39ZF.	Rejection of referral
	39ZG.	Registrar’s directions
	39ZH.	Effect of directions
	39ZI.	Application for review by Subcommittee
	39ZJ.	Notice of applications
	39ZK.	Rejection of applications
	39ZL.	Review of Subcommittee
Part IV—Offences
	40.	Unlicensed bookmaking
	41.	Unsigned licence
	41A.	Telephone betting
	41B.	Interference with prescribed equipment
	42.	Specimen signature
	43.	Bookmakers’ records
	44.	Records must be given to the registrar
	45.	Furnishing of information by racing club
	46.	Unlicensed bookmakers on racecourse
Part V—Miscellaneous
	47.	Availability of forms
	48.	Notification by Registrar
	49.	Evidence of licences
	50.	Review of decisions
	51.	Notification of decisions
	52.	Giving of notices etc.
	53.	Time for commencement of prosecutions
	55.	Determination of fees
	55A.	Maintenance of prescribed equipment
	56.	Regulations
	57.	Transitional

Australian Capital Territory

bookmakers act 1985
An Act to provide for the licensing of bookmakers, to impose fees payable by bookmakers, and for other purposes
Part I—Preliminary
1 	Short title
	This Act may be cited as the Bookmakers Act 1985.1
21  	Commencement
(1) 	This section and section 1 shall come into operation on the day on which this Act is notified in the Gazette.
(2) 	Section 3, Divisions 1 and 2 of Part II, and Parts III and V (other than sections 29, 30, 31, 33 and 47) shall come into operation on such date as is, or such dates as respectively are, fixed by the Minister of State for Territories by notice in the Gazette.
(3) 	The remaining provisions of this Act shall come into operation on 1 October 1985.
3	Interpretation
	In this Act, unless the contrary intention appears—
“bet” means any stake, pledge or wager in money between a backer and a bookmaker upon any event or contingency relating to—
	(a)	a race; or
	(b)	a sports betting event;
“bookmaker” means a person who—
	(a)	carries on the business of, or acts as, a bookmaker; or
	(b)	makes or endeavours to make his or her living wholly or partly by taking bets;
“bookmaker’s agent’s licence” means a licence granted under section 36; 
“chief executive” means the Chief Executive of the commission;
“commission” means the Gambling and Racing Commission established by the Gambling and Racing Control Act 1999;
“Committee” means the Bookmakers Licensing Committee established by section 6;
“company” means a company incorporated, or taken to be incorporated, under the Corporations Law; 
completed—a bet is completed when the last of the events or contingencies on which the bet depends has been decided. 
“corresponding law” means a law of a State or another Territory imposing a tax on bookmakers’ turnover;
“determined fee” means the fee determined by the Minister under paragraph 55 (1) (a) for the purposes of the provision in which the expression occurs;
“determined period”, in relation to the payment of a fee, means the period determined by the Minister under paragraph 55 (1) (c) within which the fee is payable;
“inspector” means an inspector under section 5;
“licensing body” means—
	(a)	the Australian Capital Territory Racing Club;
	(b)	the Canberra Trotting Club; and
	(c)	the Canberra Greyhound Racing Club;
each of which is a body incorporated under the Associations Incorporation Act 1953; and
	(d)	any other racing association or club specified for the purposes of this definition by the Minister by notice in the Gazette.
“member” means a member of the Committee;
“race” means a horse race, whether by way of galloping, pacing or trotting, or a dog race;
“racing club” means a body formed for promoting or controlling horse or dog racing or for holding race meetings;
“racecourse” means land on which a race meeting is held;
“race meeting” means a meeting held to conduct races;
“Register” means the Register of Bookmakers established in pursuance of section 5A;
“Registrar” means the Registrar of Bookmakers under section 4;
“security guarantee”, in relation to the suitability requirements governing the exercise of the Committee’s powers in respect of a sports betting licence, a sports betting agent’s licence, or an applicant for either such licence, means a document or documents satisfying the Committee on reasonable grounds that the licensee or applicant has the capacity to cover reasonable losses resulting from sports betting;
“sports bet” means a bet between a backer and a bookmaker upon any event or contingency relating to a sports betting event;
“sports betting agent’s licence” means a licence granted under section 39T;
“Sports Betting Disputes Subcommittee” means the Committee as constituted under section 39ZC;
“sports betting event” means an event determined by the commission under subsection 39A (1);
“sports betting licence” means a licence granted under section 39G;
“sports betting venue” means a place determined by the commission under subsection 39B (1);
“standing licence” means a licence granted under section 25;
“suitability requirements”, in relation to a person, means requirements that the person should—
	(a)	have a reputation for sound business conduct;
	(b)	have a reputation for sound character;
	(c)	not have been associated, and not have entered into any business or financial arrangements, with any person who does not have a reputation for sound business conduct and sound character;
	(d)	not have been found guilty of an offence against this Act or the Regulations, or an offence against a corresponding law;
	(e)	not have failed to pay an amount due under this Act, in accordance with this Act;
	(f)	within the period of 5 years immediately preceding the date on which the suitability requirements are being applied, not have been found guilty in Australia of an offence punishable by imprisonment for 12 months or more;
	(g)	not have been found guilty in Australia of an offence relating to betting upon any event or contingency relating to a race; and
	(h)	have provided a security guarantee;
“syndicate” means a group of 2 or more bookmakers.

Part II—Administration
Division 1—General
4 	Registrar
(1) 	There shall be a Registrar of Bookmakers.
(2) 	The Chief Executive shall create and maintain an office in the Government Service the duties of which include performing the functions of the Registrar of Bookmakers.
(3) 	The Registrar shall be the public servant for the time being performing the duties of the Government Service office referred to in subsection (2).
5 	Inspectors
(1) 	There shall be 1 or more inspectors for the purposes of this Act.
(2) 	The Chief Executive shall create and maintain 1 or more offices in the Government Service the duties of which include performing the functions of an inspector.
(3) 	The following persons shall be inspectors:
	(a)	any public servant for the time being performing the duties of a Government Service office referred to in subsection (2);
	(b)	the Registrar.
5AA 	Identity cards
(1) 	The Chief Executive shall issue to the Registrar an identity card that specifies the Registrar’s name and office, and on which appears a recent photograph of the Registrar.
(2) 	The Chief Executive shall issue to an inspector an identity card that specifies the inspector’s name and office, and on which appears a recent photograph of the inspector.
(3) 	Upon ceasing to occupy, or to act in, the office of Registrar or an office of inspector, a person shall not, without reasonable excuse, fail to return his or her identity card to the Chief Executive.
Penalty:  1 penalty unit.
5A 	Register of Bookmakers
	The Registrar shall establish and maintain a register called “The Register of Bookmakers”.
Division 2—Bookmakers Licensing Committee
6 	Establishment
	There is established by this Act a committee by the name of the Bookmakers Licensing Committee.
7 	Functions
	The functions of the Committee are—
	(a)	to consider and determine applications and other matters relating to licences under this Act; and
	(b)	constituted as the Sports Betting Disputes Subcommittee—to consider and determine applications for the review of directions of the Registrar under section 39ZG.
8 	Powers
	The Committee has power to do all things necessarily incidental to the performance of its functions.
9 	Membership
(1) 	The Committee shall consist of 7 part-time members appointed by the Minister, of whom—
	(a)	3 shall be nominees of the Minister;
	(b)	1 shall be nominated by the Australian Capital Territory Racing Club, being a body incorporated under the Associations Incorporation Act 1953;
	(c)	1 shall be nominated by the Canberra Trotting Club, being a body incorporated under the Associations Incorporation Act 1953;
	(d)	1 shall be nominated by the Canberra Greyhound Racing Club, being a body incorporated under the Associations Incorporation Act 1953; and
	(e) 	1 shall be nominated by the A.C.T. Bookmakers Association, being a body incorporated under the Associations Incorporation Act 1953.
(2) 	Subject to this Act, a member—
	(a)	holds office for such a period, not exceeding 3 years, as is specified in the instrument of his or her appointment; and
	(b)	is eligible for re-appointment.
10 	Chairperson
	The Minister shall appoint 1 of the members he or she appointed under paragraph 9 (1) (a) as Chairperson of the Committee.
11 	Resignation of member
	A member may resign his or her office by writing signed by the member and delivered to the Minister.
12 	Termination of appointment
(1) 	The Minister may terminate the appointment of a member (other than a public servant) for misbehaviour or physical or mental incapacity.
(2) 	If a member (other than a public servant)—
	(a)	becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit;
	(b) 	is absent, except on leave granted by the Minister, from 3 consecutive meetings of the Committee; or
	(c)	is convicted in Australia of an offence punishable on conviction by imprisonment for 1 year or more;
the Minister shall terminate the appointment of the member.
13 	Acting member
(1) 	The Minister may, in writing, appoint a person to act as a member—
	(a)	during a vacancy in the office of a member, whether or not an appointment has previously been made to the office; or
	(b)	during any period, or during all periods, when a person appointed as a member is unable to attend a meeting of the Committee, is absent from the Territory or is, for any other reason, unable to perform the duties of his or her office;
but a person appointed to act during the vacancy shall not continue so to act for more than 12 months.
(2) 	A person shall not be appointed to act as a member referred to in paragraph 9 (1) (b), (c), (d) or (e) in pursuance of this section unless the person has been nominated by the body by whom the member in whose place the person is to act was nominated.
(3) 	Anything done by, or in relation to, a person purporting to act under this section is not invalid on the ground that—
	(a)	the occasion for the person’s appointment had not arisen;
	(b)	there is a defect or irregularity in connection with the person’s appointment;
	(c)	the person’s appointment has ceased to have effect; or
	(d)	the occasion for the action had not arisen.
14 	Meetings
	The Committee shall hold such meeting as are necessary for the performance of its functions.
(2) 	The Chairperson may, at any time by notice in writing to the other members, convene a meeting of the Committee at the time and place specified in the notice.
(3) 	The Chairperson shall preside at all meetings of the Committee at which he or she is present.
(4) 	At a meeting of the Committee, a quorum is constituted by 5 members, 1 of whom shall be the Chairperson.
(5) 	A question arising at a meeting of the Committee shall be determined by a majority of votes of the members present and voting.
(6) 	On a question arising at a meeting of the Committee, the Chairperson has a deliberative vote and, in the event of an equality of votes, also has a casting vote.
15 	Disclosure of pecuniary interest
(1) 	A member who has a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee shall, as soon as possible after the relevant facts have come to the member’s knowledge, disclose the nature of the member’s interest at a meeting of the Committee.
(2) 	A disclosure under subsection (1) shall be recorded in the minutes of the meeting of the Committee and the member shall not, unless the Minister or the Committee otherwise determines—
	(a) 	be present during any deliberations of the Committee with respect to that matter; or
	(b)	take part in any decision of the Committee with respect to that matter.
(3) 	For the purpose of the making of a determination by the Committee under subsection (2) in relation to a member who has made a disclosure under subsection (1), a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates shall not—
	(a)	be present during any deliberation of the Committee for the purpose of making the determination; or
	(b)	take part in the making by the Committee of the determination.
(4) 	A member referred to in paragraph 9 (1) (e) shall not be regarded as having a direct or indirect pecuniary interest in a matter being considered or about to be considered by the Committee by reason only of the fact that the member carries on business as a bookmaker.
(5) 	Where a member fails, without reasonable excuse, to comply with the requirements of this section, the Minister shall terminate the appointment of the member.
16 	Protection of members
	A member has, in the performance of the duties of a member, the same protection and immunity as a Judge of the Supreme Court.
Division 3—Powers of entry and search
18 	Powers of entry—betting venues
(1) 	An inspector may, at any time during which a betting event is being conducted, with such assistance as is necessary and reasonable, enter the betting venue, without charge, for the purposes of ensuring that this Act and the Regulations are being complied with.
(2) 	Where an inspector enters a betting venue in accordance with subsection (1), the inspector may—
	(a)	inspect any books, documents or records, whether in the custody of a bookmaker or otherwise, which the inspector has reasonable grounds for believing are, or have been, used by a bookmaker for the purposes of betting;
	(b)	require a person who is apparently a bookmaker, a bookmaker’s clerk or otherwise an employee of a bookmaker to furnish information relating to any books, documents or records referred to in paragraph (a);
	(c)	take extracts from or, for the purpose of making copies, remove, any books, documents or records referred to in paragraph (a); and
	(d) 	require the person having custody of the books, documents or records to supply his or her name and address.
(3) 	In this section—
“betting event” means—
	(a)	a race meeting at a racecourse; or
	(b)	a sports betting event;
“betting venue” means—
	(a)	in relation to a race meeting at a racecourse—the racecourse; or
	(b)	in relation to a sports betting event—the corresponding sports betting venue;
 “bookmaker” includes—
	(a)	a syndicate which holds a sports betting licence;
	(b)	a company which holds a sports betting licence; and
	(c)	each director of such a company.
19 	Powers of entry etc—non-residential premises
(1) 	An inspector may, at any reasonable hour of the day or night with such assistance as is necessary and reasonable, enter upon or into any premises (other than residential premises) used by a bookmaker for bookmaking for the purpose of ensuring that the provisions of this Act or the Regulations are being complied with.
(2) 	Where an inspector enters upon or into premises in pursuance of subsection (1) the inspector is not authorised to remain on the premises if, on request by or on behalf of the occupier or person apparently in charge of the premises, the inspector does not produce his or her identity card.
(3) 	Where an inspector enters upon or into premises in accordance with subsection (1), the inspector may—
	(a)	inspect any books, documents or records relating to the recording of bets or otherwise to the business of bookmaking;
	(b)	make copies of, or take extracts from, any books, documents or records referred to in paragraph (a);
	(c)	require any person on the premises to furnish information relating to bookmaking or to any books, documents or records referred to in paragraph (a); and
	(d)	require a person apparently in charge of the premises to supply his or her name and address.
(4) 	The occupier or person in charge of premises upon or into which an inspector has entered in pursuance of subsection (1) shall provide the inspector with all reasonable facilities and assistance for the effective exercise of his or her powers under this section.
20 	Powers of entry etc—premises generally
	Subject to sections 18 and 19, an inspector may enter upon or into any premises and may search for, and exercise all or any of the powers under subsection 19 (3) in relation to any books, documents or records which he or she believes on reasonable grounds to be connected with an offence against this Act that are found on or in those premises if, and only if, the search is made and those powers are exercised—
	(a)	in pursuance of a warrant issued under section 21; or
	(b)	after obtaining the consent of the occupier or person apparently in charge of the premises.
21 	Search warrants
(1) 	Where an information on oath is laid before a Magistrate alleging that there are reasonable grounds for suspecting that there may be upon or in any premises any books, documents or records connected with a particular offence against a provision of this Act and the information sets out those grounds, the Magistrate may issue a search warrant authorising the inspector named in the warrant, with such assistance as is necessary and reasonable and by such force as is necessary and reasonable, to enter upon or into those premises, to search those premises and to exercise all or any of his or her powers under subsection 19 (3) in regard to such books, documents or records.
(2) 	A Magistrate shall not issue a warrant under subsection (1) unless—
	(a)	the informant or some other person has given to the Magistrate, either orally or by affidavit, such further information (if any) as the Magistrate requires concerning the grounds on which the issue of the warrant is being sought; and
	(b)	the Magistrate is satisfied that there are reasonable grounds for issuing the warrant.
(3) 	There shall be stated in a warrant issued under this section—
	(a) 	a statement of the purpose for which the warrant is issued, which shall include a reference to the nature of the offence in relation to which entry, search and exercise of the powers under subsection 19 (3) are authorised;
	(b)	whether entry is authorised to be made at any time of the day or night or during specified hours of the day or night; and
	(c) 	a date, not being later than 1 month after the date of issue of the warrant, upon which the warrant ceases to have effect.
22 	Consent to entry
(1) 	Before obtaining the consent of a person for the purposes of section 20, an inspector shall inform the person that the person may refuse to give his or her consent.
(2) 3	Where an inspector obtains the consent of a person for the purposes of section 20, the Registrar or inspector, as the case requires, shall ask the person to sign a written acknowledgment—
	(a)	of the fact that the person has been informed that he or she may refuse to give his or her consent;
	(b)	of the fact that the person has voluntarily given his or her consent; and
	(c)	of the day on which, and the time at which, the person gave his or her consent.
(3) 	An entry by an inspector by virtue of the consent of a person is not lawful unless the person voluntarily consented to the entry.
(4) 	Where it is material, in any proceedings, for a court to be satisfied of the voluntary consent of a person for the purposes of section 20 and an acknowledgment in accordance with subsection (2), signed by the person, is not produced in evidence, the court shall assume, unless the contrary is proved, that the person did not voluntarily give such a consent.
23 	Obstruction of Registrar or inspector
	A person who, without reasonable excuse—
	(a)	obstructs or hinders an inspector in the exercise of his or her powers under this Act; or
	(b)	fails to comply with a reasonable requirement of an inspector who has entered upon or into any premises in pursuance of this Act;
is guilty of an offence punishable, on conviction—
	(c)	for contravention of paragraph (a)—
	(i)	if the offender is a natural person—by a fine not exceeding 50 penalty units or imprisonment for 6 months, or both; or
	(ii)	if the offender is a body corporate—by a fine not exceeding 250 penalty units; or
	(d)	for contravention of paragraph (b)—
	(i)	if the offender is a natural person—by a fine not exceeding 50 penalty units; or
	(ii)	if the offender is a body corporate—by a fine not exceeding 250 penalty units. 

Part III—Licensing of bookmakers
Division 1—Standing Licences
24 	Application for standing licence
(1) 	A person who is the holder of a licence, certificate of registration or permit issued by a licensing body, being a licence, certificate or permit authorising the person to carry on business as a bookmaker at a race meeting of the kind run by that licensing body in the Territory, may apply to the Registrar for a standing licence.
(2) 	An application under this section shall—
	(a)	be in writing, on a form approved by the Registrar;
	(b)	specify the kind of race meetings to which the application relates; and
	(c)	be accompanied by the determined fee.
25 	Grant of standing licence
(1) 	On receipt of an application under section 24, together with the determined fee, the Registrar shall, subject to subsection (2), grant a standing licence to the applicant.
(2) 	Where the Registrar has reasonable grounds for believing that an applicant for a standing licence—
	(a) 	has been found guilty of an offence against this Act or the Regulations or against a corresponding law;
	(b)	has, within the period of 5 years immediately preceding the date of the application, been found guilty in Australia of an offence punishable by imprisonment for 12 months or more; or
	(c)	has failed to pay, in accordance with this Act, an amount due under this Act,
the Registrar shall refer the application to the Committee.
(3) 	Where, in respect of an application referred to the Committee under subsection (2), the Committee is satisfied that the applicant—
	(a)	has been found guilty of an offence against this Act or the Regulations or against a corresponding law;
	(b)	has, within the period of 5 years immediately preceding the date of the application, been found guilty in Australia of an offence punishable by imprisonment for 12 months or more; or
	(c)	has failed to pay, in accordance with this Act, an amount due under this Act;
the Committee may refuse to grant a standing licence to the applicant.
(4) 	Where the Registrar refers an application to the Committee, the Registrar shall notify the applicant in writing of the referral and of the applicant’s rights under section 34.
(5) 	Where the Committee refuses to grant a standing licence, the Committee shall notify the applicant in writing of the decision.
26 	Kinds of licence
(1) 	Where the Registrar or the Committee grants a standing licence, the Registrar or the Committee shall—
	(a)	specify the kind of race meetings at which the holder of the licence is, by virtue of the licence, entitled to field; and
	(b)	specify 1 kind of race meeting only in respect of each licence.
(2) 	A bookmaker may hold more than 1 standing licence at any time.
27 	Issue of standing licence
	Where the Registrar or the Committee grants a standing licence to a person, the Registrar shall—
	(a)	issue a standing licence to the person; and
	(b)	enter the prescribed particulars in the Register.
28 	Duration of standing licence
	A standing licence remains in force until the 30 June next after the date on which the licence is issued.
29 	Fees for standing licence
(1) 	There is payable to the Territory in respect of a standing licence a determined fee calculated by reference to the bookmaker’s turnover.
(2) 	The fee imposed under subsection (1) in relation to a bookmaker’s turnover for a quarter is due on the 28th day of the following named month.
(3) 	If records necessary to assess a bookmaker’s turnover for a period are destroyed or otherwise unavailable, the registrar may determine the bookmaker’s turnover, having regard to the turnover of the bookmaker arising from any race meetings similar to those for which the records are not available that were held in the previous 6 months. 
(4) 	In this section:
quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October of any year.
turnover—a bookmaker’s turnover for a period is the amount of money paid or promised to the bookmaker as consideration for bets that are completed during the period.
30 	Reconsideration by Registrar
(1) 	Where the Registrar determines an amount under subsection 29 (4)—
	(a) 	the Registrar shall notify in writing the bookmaker by whom the amount is payable of the amount so determined;
	(b)	the amount so determined is payable by the bookmaker within 7 days of receipt of the notification of the amount; and
	(c)	the bookmaker may, within 28 days of receipt of the notification of the amount, in writing request the Registrar to reconsider the determination.
(3) 	Where the Registrar has been requested to reconsider a determination, the Registrar shall—
	(a)	carry out the reconsideration within 28 days of the receipt by the Registrar of the request; and
	(b)	notify in writing the bookmaker who made the request of the result of the reconsideration.
(4) 	Where on a reconsideration under this section of a determination the amount so determined is reduced, there is payable to the bookmaker an amount equal to the difference between the amount payable under section 29 and the amount payable as a result of the reconsideration.
(5) 	Where on a reconsideration under this section of a determination the amount so determined is increased, the additional amount payable by virtue of the reconsideration is payable to the Territory within 7 days of receipt by the bookmaker of a notification under paragraph (3) (b).
31 	Penalty for late payment
	Where a fee payable under section 29 or 30 is not paid on or before the date on which it is due, the amount payable is increased by an amount equal to 10 per cent of that fee.
32 	Signing of licence by bookmaker
	A person to whom a standing licence is issued shall, as soon as practicable after the person receives the licence, sign the licence in the presence of a prescribed person.
Penalty:  5 penalty units.
33 	Suspension and cancellation of standing licences
(1) 	Where the Committee is satisfied that the holder of a standing licence—
	(a)	has been found guilty of an offence against this Act or the Regulations or against a corresponding law;
	(b)	has been found guilty in Australia of an offence punishable by imprisonment for 12 months or more; or
	(c)	has failed to pay to the Registrar in accordance with this Act an amount due under this Act;
the Committee may—
	(d)	suspend the licence for such period as the Committee determines; or
	(e)	cancel the licence.
(1A) 	Where under this Act the Committee cancels a sports betting licence, or a sports betting agent’s licence, held by a standing licensee, or by a syndicate or company of which a standing licensee is a member or director (as the case requires), the Committee may—
	(a)	suspend the standing licence for such period as the Committee determines; or
	(b)	cancel the standing licence.
(2) 	Where the Committee suspends or cancels a standing licence—
	(a)	the Committee shall notify in writing the person to whom the licence was granted of the suspension or cancellation, as the case requires; and
	(b)	the suspension or cancellation has effect on and from the day immediately after the date of the notification.
(3) 	Where the person is the holder of more than 1 standing licence, the Committee shall suspend or cancel, as the case requires, all standing licences held by the person.
34 	Representations to Committee
	Where the Committee is considering—
	(a)	an application for a standing licence; or
	(b)	the question of the suspension or cancellation of a standing licence;
the bookmaker to whom the application or standing licence relates may—
	(c)	make written representations to the Committee with respect to the application, suspension or cancellation; or
	(d)	appear in person before the Committee.
Division 2—Bookmaker’s Agent’s Licences
35 	Application for bookmaker’s agent’s licence
(1) 	A bookmaker who is the holder of a standing licence may apply to the Registrar for the issue, in respect of a person nominated by the bookmaker, of a bookmaker’s agent’s licence.
(2) 	A bookmaker shall not nominate a person for the purposes of this section unless the person is the holder of an approval or authority issued by a licensing body, being an approval or authority authorising the person to act as a bookmaker in place of the bookmaker making the application at race meetings of the kind conducted by that licensing body during the period to which the application relates.
(3) 	An application under this section shall—
	(a)	be in writing;
	(b)	contain the prescribed particulars; and
	(c)	be accompanied by a copy of the approval or authority referred to in subsection (2).
(4) 	Where the bookmaker is unable to make an application under this section, the application may be made by the person authorised by the licensing body to act on behalf of the bookmaker.
36 	Grant of bookmaker’s agent’s licence
(1) 	On the receipt of an application under section 35, the Registrar shall, subject to subsection (2), grant a bookmaker’s agent’s licence to the person nominated in the application.
(2) 	The Registrar shall not grant a bookmaker’s agent’s licence to a person where the Registrar is satisfied that the person—
	(a)	has applied for a standing licence and the application has been refused;
	(b)	has been the holder of a standing licence that has been cancelled; or
	(c)	has been found guilty of an offence against this Act or the Regulations or against a corresponding law.
(3) 	Where the Registrar refuses to grant a bookmaker’s agent’s licence to a person, the Registrar shall notify in writing the person and the applicant of the refusal.
(4) 	A bookmaker’s agent’s licence granted to a person shall specify the kind or kinds of race meetings at which the person may field.
36A 	Issue of bookmaker’s agent’s licences
	Where the Registrar grants a bookmaker’s agent’s licence to a person, the Registrar shall—
	(a)	issue a bookmaker’s agent’s licence to the person; and
	(b)	enter the prescribed particulars in the Register.
37 	Duration of licence
	A bookmaker’s agent’s licence unless sooner surrendered to the Registrar or cancelled, remains in force for such period, not exceeding 3 months, as is specified in the licence.
38 	Effect of licence
	While a bookmaker’s agent’s licence is in force—
	(a)	the holder of the licence shall, for the purposes of sections 29, 30 and 31 and Part IV, be deemed to be a bookmaker who is the holder of a standing licence of the kind or kinds specified in the bookmaker’s agent’s licence; and
	(b)	the fees that are, by virtue of paragraph (a), payable in respect of the bookmaker’s agent’s licence are, if they remain unpaid, recoverable from the bookmaker.
39 	Cancellation of licence
	Where, while a bookmaker’s agent’s licence is in force, the standing licence of the bookmaker concerned is suspended or cancelled under section 33, the Registrar shall cancel the bookmaker’s agent’s licence.

Part IIIA—sports betting
Division 1—General
39A 	Sports betting events
(1) 	The commission may, by instrument, determine a sporting or other event to be a sports betting event for the purposes of this Act.
(2) 	An instrument under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
39B	Sports betting venues
(1) 	The commission may, by instrument, determine a place to be a sports betting venue.
(2) 	The commission may, by instrument, determine directions for the operation of a sports betting venue.
(3) 	A determination under subsection (1) or (2) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
39C	Rules for sports betting
(1) 	The commission may, by instrument, determine or vary rules for sports betting.
(2) 	Rules for sports betting may include rules relating to the following:
	(a)	different requirements for different sports betting events;
	(b)	minimum bets;
	(c)	methods of betting, including arrangements for the use of telecommunications equipment;
	(d)	requirements for the giving of security by backers for long-term bets;
	(e)	requirements for record-keeping by sports betting licensees;
	(f)	audit requirements for sports betting licensees.
(3) 	A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
(4) 	In this section—
“sports betting licensee” includes the holder of a sports betting agent’s licence.
Division 2—Sports betting licences
39D 	Number and class of licences
(1) 	The Minister may, by instrument, determine—
	(a)	the maximum number of sports betting licences that may be granted by the Committee; and
	(b)	the maximum number of sports betting licences that the Committee may grant to—
	(i)	individual bookmakers;
	(ii)	syndicates; and
	(iii)	companies.
(2) 	A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.  
39E 	Application
(1) 	The following persons or bodies may apply for a sports betting licence:
	(a)	individual bookmakers who—
	(i)	hold a standing licence; and
	(ii)	do not already hold a sports betting licence or a sports betting agent’s licence;
	(b)	syndicates of 2, 3 or 4 bookmakers—
	(i)	who each hold a standing licence; and
	(ii)	none of whom already hold a sports betting licence or a sports betting agent’s licence;
	(c)	companies—
	(i)	at least 1 of whose directors holds a standing licence; and
	(ii)	none of whose directors already holds a sports betting licence or a sports betting agent’s licence.
(2) 	An application shall—
	(a)	be in writing, on a form supplied by the Registrar, specifying—
	(i)	the period (not exceeding 15 years) for which the licence is applied for; and
	(ii)	in the case of a syndicate applicant—the name and business address of the member of the syndicate to whom notices may be given, and by whom notices may be given, on behalf of the syndicate for the purposes of this Act;
	(b)	be made to the Committee; and
	(c)	be accompanied by the determined fee.
(3) 	An applicant for a sports betting licence shall give the Committee any information reasonably requested in writing by the Chairperson.
39F 	Suitability
(1) 	Upon an application under section 39E, the Committee shall decide whether the applicant is suitable for the grant of a sports betting licence.
(2) 	For the purposes of subsection (1), an applicant is suitable if—
	(a)	in the case of an individual applicant—the Committee is satisfied on reasonable grounds that the applicant satisfies the suitability requirements;
	(b)	in the case of an applicant syndicate—the Committee is satisfied on reasonable grounds that the syndicate, and each member of the syndicate, satisfy the suitability requirements; and
	(c)	in the case of an applicant company—the Committee is satisfied on reasonable grounds that the company, and each director of the company, satisfy the suitability requirements.
(3) 	If the Committee decides that an applicant is not suitable for the grant of a sports betting licence, the Chairperson shall give written notice of the decision to—
	(a)	the applicant; or
	(b)	in the case of an applicant syndicate—each member of the syndicate.
39G 	Grant of licence
(1) 	The Committee may grant a sports betting licence to a suitable applicant for a period (not exceeding 15 years) specified in the licence, having regard to any criteria determined by the Minister by instrument.
(2) 	The Committee shall not grant a sports betting licence if the grant of the licence would cause the number of sports betting licences in force to exceed the maximum determined under paragraph 39D (1) (a) or (b).
(3) 	If the Committee grants a sports betting licence to an applicant for a period shorter than that applied for under subparagraph 39E (2) (a) (i), the Chairperson shall give written notice to the licensee accordingly. 
(4) 	A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
(5) 	In this section—
“suitable applicant” means an applicant for a sports betting licence whom the Committee decides under section 39F to be suitable for the grant of such a licence.
39H 	Registration of particulars
(1) 	Where the Committee grants a sports betting licence, the Registrar shall enter in the Register the following particulars about the licence:
	(a)	the date on which the licence was granted;
	(b)	the period for which the licence is granted;
	(c)	the name and business address of the licensee;
	(d)	in the case of a syndicate licensee—
	(i)	the name and business address of each member of the syndicate; and
	(ii)	the name of the member specified in the application under subparagraph 39E (2) (a) (ii);
	(e)	in the case of a company licensee—the name and business address of each director, and the secretary, of the company.
(2) 	Within 14 days after a change in any of the particulars referred to in paragraph (1) (c), (d) or (e), the licensee shall give written notice to the Registrar of the change.
Penalty:
	(a)	in the case of a natural person—5 penalty units;
	(b)	in the case of a body corporate—25 penalty units.
(3) 	After a syndicate licensee or a company licensee gives notice under subsection (2) of a change of membership of the syndicate, or of the board of directors of the company, upon written notice by the Chairperson the licensee shall, within 28 days after the date of the latter notice, give the Chairperson any further information reasonably required by the Chairperson about the membership, or any new member or director, of the licensee.
39I 	Duration
	A sports betting licence remains in force for the period specified in the licence, subject to this Part.
39J 	Surrender
(1) 	A sports betting licensee may surrender the licence by written notice to the Chairperson.
(2) 	The surrender of a sports betting licence takes effect from the date of the notice of surrender, or such later date as is specified in the notice. 
39K 	Fees
	The determined fee for a sports betting licence is payable to the Territory within the determined period.
39L 	Syndicates—liability
	Each member of a syndicate to which a sports betting licence is granted is jointly and severally liable for any fee payable by the syndicate under section 39K, and in relation to any other obligation of the licensee under this Act.
39M 	Syndicates—notices
(1) 	For the purposes of this Part, notices may be given to a syndicate which holds a sports betting licence by giving notice to the member of the syndicate specified in the Register for that purpose, at the address specified in the Register for that purpose.
(2) 	For the purposes of this Part, notice may be given to the Registrar, the Chairperson or the Committee on behalf of a syndicate which holds a sports betting licence by the member of the syndicate specified in the Register for that purpose.   
39N 	Cancellation inquiry
(1) 	The Committee may hold an inquiry into the possible cancellation of a sports betting licence.
(2) 	The Chairperson shall give written notice of an inquiry to the licensee, inviting written or personal representations by or on behalf of the licensee within 28 days after the date of the notice.
(3) 	For the purposes of an inquiry, the affected licensee, or a representative authorised for the purpose by the licensee, may appear before the Committee within the period specified in the notice under 
subsection (2).
39P 	Mandatory cancellation
(1) 	Following an inquiry under section 39N, the Committee shall cancel a sports betting licence if the Committee considers on reasonable grounds, taking into account any representation made pursuant to the invitation under subsection 39N (2), that any of the conditions referred to in subsection (2) of this section apply.
(2) 	For the purposes of subsection (1), the conditions for the mandatory cancellation of a sports betting licence are as follows:
	(a)	in the case of an individual licensee—the licensee no longer holds a standing licence, or a standing licence held by the licensee has been cancelled or suspended;
	(b)	in the case of a syndicate licensee—
	(i)	the syndicate no longer consists of 2, 3 or 4 bookmakers, each of whom has a standing licence;
	(ii)	a standing licence held by a member of the syndicate has been cancelled or suspended;
	(iii)	the membership of the syndicate is changed without notice to the Registrar under subsection 39H (2); or
	(iv)	the syndicate fails to comply with a requirement of the Chairperson under subsection 39H (3);
	(c)	in the case of a company licensee—
	(i)	the company no longer has any director who holds a standing licence;
	(ii)	a standing licence of a director of the company has been cancelled or suspended;
	(iii)	the membership of the board of directors of the company is changed without notice to the Committee under subsection 39H (2); or
	(iv)	the company fails to comply with a requirement of the Committee under subsection 39H (3);
	(d)	the licensee, a member of a syndicate licensee or a director of a company licensee does not satisfy the suitability requirements;
	(e)	a determined fee has not been paid in relation to the licence within the determined period;
	(f)	the licensee, a member of a syndicate licensee or a director of a company licensee has—
	(i)	engaged in sports betting at a place other than a sports betting venue;
	(ii)	contravened a direction under subsection 39B (2); or
	(iii)	contravened a rule under section 39C.
(3) 	Where the Committee cancels a sports betting licence under this section—
	(a)	the Chairperson shall give written notice to the licensee of the cancellation; and
	(b)	the cancellation has effect on and from the day immediately after the date of the notice.
39Q 	Discretionary cancellation
(1) 	Following an inquiry under section 39N, the Committee may cancel a sports betting licence, having regard to the considerations referred to in subsection (2), if the licensee—
	(a)	has failed to comply with a request of the Registrar under paragraph 39ZE (3) (a) for information about a disputed sports bet; or
	(b)	has failed to comply with a direction of the Registrar in relation to a disputed sports bet, as varied by any decision of the Sports Betting Disputes Subcommittee, within the applicable period under subsection 39ZH (2).
(2) 	For the purposes of subsection (1), the Committee shall have regard to the following considerations in relation to a disputed sports bet:
	(a)	any representation made pursuant to the invitation under subsection 39N (2);
	(b)	in the case referred to in paragraph (1) (a)—the nature of the information requested, and the reasonableness of the request;
	(c)	in the case referred to in paragraph (1) (b)—the merits of the Registrar’s direction, and of any review of that direction by the Subcommittee;
	(d)	the amount of the bet, and the amount in dispute;
	(e)	the general circumstances of the dispute.
(3) 	Where the Committee cancels a sports betting licence under this section—
	(a)	the Chairperson shall give written notice to the licensee of the cancellation; and
	(b)	the cancellation has effect on and from the day immediately after the date of the notice.
Division 3—Sports betting agent’s licences
39R 	Interpretation
	In this Division—
“agent’s licence” means a sports betting agent’s licence granted under section 39T; 
“head licensee”, in relation to a sports betting agent’s licence, means the sports betting licensee who applies for the issue of the sports betting agent’s licence.
39S 	Application
(1) 	A sports betting licensee may apply for an agent’s licence on behalf of a nominated agent. 
(2) 	An application under this section shall—
	(a)	be in writing on a form supplied by the Registrar; and
	(b)	be accompanied by the determined fee.
39T 	Grant
(1) 	Upon an application under section 39S, the Committee may grant a sports betting agent’s licence to the person nominated in the application, subject to this section.
(2) 	The Committee may only grant a sports betting agent’s licence to a person nominated in an application if the agent—
	(a)	holds a standing licence; and
	(b)	satisfies the suitability requirements.
(3) 	A licence shall specify the date of its expiry, being the date of expiry of the head licence, or such earlier date as may be applied for.
39U 	Notice of refusal
	If the Committee refuses an application for an agent’s licence, the Chairperson shall notify the applicant in writing of the decision.
39V 	Duration
	An agent’s licence remains in force until the expiry date specified on the licence.
39W 	Surrender
(1) 	The holder of an agent’s licence may surrender the licence by written notice to the Chairperson.
(2) 	The surrender of an agent’s licence takes effect from the date of the notice of surrender, or such later date as is specified in the notice. 
39X 	Fees
(1) 	The determined fee for an agent’s licence is payable to the Territory within the determined period.
(2) 	If the determined fee payable under subsection (1) remains unpaid after the expiration of the determined period, the fee is payable to the Territory in relation to the head licence within a further period equal to the determined period.
39Y 	Cancellation inquiry
(1) 	The Committee may hold an inquiry into the possible cancellation of an agent’s licence.
(2) 	The Chairperson shall give written notice of an inquiry to the licensee and to the head licensee inviting written or personal representations by or on behalf of the licensee within 28 days after the date of the notice.
(3) 	For the purposes of an inquiry, the following persons may appear before the Committee within the period specified in the notice under subsection (2):
	(a)	the holder of the agent’s licence;
	(b)	the head licensee;
	(c)	a representative authorised for the purpose by either licensee.
39Z 	Mandatory cancellation
(1) 	Following an inquiry under section 39Y, the Committee shall cancel an agent’s licence if the Committee considers on reasonable grounds, taking into account any representation made pursuant to the invitation under subsection 39Y (2), that any of the conditions referred to in subsection (2) of this section apply.
(2) 	For the purposes of subsection (1), the conditions for the mandatory cancellation of an agent’s licence are as follows:
	(a)	the licensee no longer holds a standing licence, or a standing licence held by the licensee has been cancelled or suspended;
	(b)	the head licence has ceased to be in force;
	(c)	the licensee does not satisfy the suitability requirements;
	(d)	the determined fee under subsection 39X (1) has not been paid in relation to the licence within the determined period;
	(e)	the licensee has—
	(i)	engaged in sports betting at a place other than a sports betting venue;
	(ii)	contravened a direction under subsection 39B (2); or
	(iii)	contravened a rule under section 39C.
(3) 	Where the Committee cancels an agent’s licence—
	(a)	the Committee shall give written notice to the licensee of the cancellation; and
	(b)	the cancellation has effect on and from the day immediately after the date of the notice.
39ZA 	Discretionary cancellation
(1) 	Following an inquiry under section 39Y, the Committee may cancel an agent’s licence, having regard to the considerations referred to in subsection (2), if the licensee—
	(a)	has failed to comply with a request of the Registrar under paragraph 39ZE (3) (a) for information about a disputed sports bet; or
	(b)	has failed to comply with a direction of the Registrar in relation to a disputed sports bet, as varied by any decision of the Sports Betting Disputes Subcommittee, within the applicable period under subsection 39ZH (2).
(2) 	For the purposes of subsection (1), the Committee shall have regard to the following considerations in relation to a disputed sports bet:
	(a)	any representation made pursuant to the invitation under subsection 39Y (2);
	(b)	in the case referred to in paragraph (1) (a)—the nature of the information requested, and the reasonableness of the request;
	(c)	in the case referred to in paragraph (1) (b)—the merits of the Registrar’s direction, and of any review of that direction by the Subcommittee;
	(d)	the amount of the bet, and the amount in dispute;
	(e)	the general circumstances of the dispute.
(3) 	Where the Committee cancels an agent’s licence under this section—
	(a)	the Chairperson shall give written notice to the licensee of the cancellation; and
	(b)	the cancellation has effect on and from the day immediately after the date of the notice.
Division 4—Sports betting disputes
39ZB 	Interpretation
	In this Division—
“Chairperson” means the Chairperson of the Subcommittee;
“direction” means a direction by the Registrar under section 39ZG;
“respondent”, in relation to an application for the review of a direction about a sports bet between a backer and a sports betting licensee, means—
	(a)	if the backer is the applicant—the licensee; or
	(b)	if the licensee is the applicant—the backer;
“sports betting licence” includes a sports betting agent’s licence;
“Subcommittee” means the Sports Betting Disputes Subcommittee.
39ZC 	Sports Betting Disputes Subcommittee
(1) 	For the purposes of hearing and determining reviews of directions, the Committee shall be constituted under this section as the Sports Betting Disputes Subcommittee.
(2) 	The Subcommittee shall consist of—
	(a)	the Chairperson of the Committee; and
	(b)	2 other members of the Committee nominated by the Minister by instrument. 
(3) 	The Chairperson of the Subcommittee shall be the Chairperson of the Committee.
(4) 	An instrument under paragraph (2) (b) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
39ZD 	Referral of disputed claims to Registrar
(1) 	A backer who claims not to have been paid, or to have been underpaid, in relation to a sports bet with a sports betting licensee may refer the claim to the Registrar within 28 days after the completion of the relevant sports betting event.
(2) 	A referral under subsection (1) shall be in writing on a form supplied by the Registrar.
39ZE 	Notices and information about claims
(1) 	Where a backer refers a claim about a disputed sports bet to the Registrar under section 39ZD, upon written notice from the Registrar the backer shall, within a specified period no shorter than 14 days after the date of the notice, give the Registrar any information about the claim reasonably requested in the notice.
(2) 	The Registrar shall give written notice of a referral under section 39ZD of a claim about a disputed sports bet to the licensee with whom the bet was made.
(3) 	Within a specified period no shorter than 14 days after the date of a notice under subsection (2), the licensee, or a person authorised on behalf of the licensee—
	(a)	shall give the Registrar any information about the claim reasonably requested by the Registrar in the notice; and
	(b)	may make a written representation to the Registrar about the claim.
(4) 	If a notice under subsection (2) includes a request by the Registrar for information from the licensee, the notice shall include a statement to the effect that the licence may be cancelled if the licensee fails to comply with the request within the period specified in the notice.
39ZF 	Rejection of referral
(1) 	If a backer refers a claim to the Registrar more than 28 days after the completion of the relevant sports betting event, the Registrar shall reject the referral by notice in writing to the backer stating the reason for rejection.
(2) 	If a backer fails to supply any information reasonably requested in a notice under subsection 39ZE (1) to the Registrar within 14 days after the date of the notice, the Registrar shall reject the referral by notice in writing to the backer stating the reason for rejection.
39ZG 	Registrar’s directions
(1) 	Upon referral under section 39ZD of a claim about a disputed sports bet between a backer and a licensee, the Registrar shall issue a direction under this section within 14 days after—
	(a)	if a notice is given to the backer under subsection 39ZE (1)—the expiry of the period specified in the notice; or
	(b)	the expiry of the period specified under subsection 39ZE (3) in the notice given to the affected licensee;
whichever is later.
(2) 	A direction shall be in writing stating any amount which the backer is owed, in the opinion of the Registrar based on reasonable grounds, having regard to any information provided by the backer or the licensee, and to any representation made by or on behalf of the licensee.
(3) 	The Registrar shall give the backer and licensee written notice of a direction, including—
	(a)	a copy of the direction;
	(b)	a statement of the reasons for the direction; and
	(c)	a statement to the effect that he or she may apply to the Subcommittee for a review of the direction within 28 days after the date of the notice.
39ZH 	Effect of directions
(1) 	A direction about a dispute between a backer and a sports betting licensee (as varied by any decision of the Subcommittee on a review of the direction) has the effect only of providing grounds for the cancellation of the licence in the event that the licensee should fail to comply with the direction within the applicable period under subsection (2).
(2) 	For the purposes of paragraph 39Q (1) (b) or 39ZA (1) (b), the period for compliance with a direction commences on the date of the notice of the direction to the licensee under subsection 39ZG (3) and expires on the later of the following days:
	(a)	the day immediately following the expiration of the following 28-day period;
	(b)	if the backer or the licensee applies to the Subcommittee for a review of the direction—the day immediately following the expiration of the 28-day period after the date of the notice to the applicant of the decision on the review.
39ZI 	Application for review by Subcommittee
(1) 	Within 28 days after the date of notice under subsection 39ZG (3) to a sports betting licensee or a backer of a direction, the licensee or backer may apply to the Subcommittee for a review of the direction.
(2) 	An application under subsection (1) shall be in writing on a form supplied by the Registrar.
39ZJ 	Notice of applications
	Where application is made under section 39ZI for the review of a direction, the Chairperson shall give the respondent notice in writing of the application inviting written representations by or on behalf of the respondent within 14 days after the date of the notice.
39ZK 	Rejection of applications
	If an application for a review of a direction is made more than 28 days after the date of the notice to the applicant of the direction, the Chairperson shall reject the application by notice in writing to the applicant stating the reason for the rejection.
39ZL 	Review by Subcommittee
(1) 	Upon an application under section 39ZI for the review of a direction, the Subcommittee shall affirm or vary the direction, having regard to any representation made by or on behalf of the respondent in accordance with the invitation in section 39ZJ.
(2) 	The Chairperson shall give the applicant and the respondent written notice of the Subcommittee’s decision on the review, including a statement of the reasons for the decision.

Part IV—Offences
40 	Unlicensed bookmaking
(1) 	A bookmaker shall not carry on business as a bookmaker at a race meeting in the Territory unless—
	(a)	the bookmaker holds a standing licence authorising him or her to field at race meetings of that kind; and
	(b)	the business relates to betting upon an event or contingency relating to a race.
(2) 	A bookmaker shall not carry on business as a bookmaker at a sports betting venue unless—
	(a)	if the business relates to betting upon an event or contingency relating to a race—the bookmaker holds a standing licence; or
	(b)	if the business relates to betting upon an event or contingency relating to a sports betting event—
	(i)	the bookmaker holds a sports betting licence or a sports betting agent’s licence;
	(ii)	the bookmaker is a member of a syndicate which holds a sports betting licence; or
	(iii)	the bookmaker is a standing licensee who is a director of a company which holds a sports betting licence.
Penalty:  50 penalty units or imprisonment for 6 months, or both.
41 	Unsigned licence
	A bookmaker shall not carry on business as a bookmaker on a racecourse in the Territory unless the bookmaker has complied with the requirements of section 32.
Penalty:  10 penalty units.
41A 	Telephone betting
	A bookmaker shall not accept a bet by telephone unless—
	(a)	the bet is equal to or greater than the prescribed amount or the amount that may be won on the bet is equal to or greater than the prescribed amount; 
	(b)	the bet is placed in accordance with the prescribed procedure; and
	(c)	the bet is recorded by means of prescribed equipment.
Penalty:  30 penalty units.
41B 	Interference with prescribed equipment
	A person shall not, without reasonable excuse, tamper or interfere with prescribed equipment referred to in paragraph 41A (c).
Penalty:  50 penalty units or imprisonment for 6 months, or both.
42 	Specimen signature
(1) 	An inspector or a police officer may require a bookmaker who is carrying on business as a bookmaker at a race meeting in the Territory—
	(a)	to produce the standing licence issued to the bookmaker in respect of race meetings of that kind; and
	(b)	to write the bookmaker’s signature for the purpose of comparing the signature with the signature on the standing licence.
(2) 	A bookmaker shall not, without reasonable excuse, refuse or fail to comply with a requirement made under subsection (1).
Penalty:  10 penalty units.
43 	Bookmakers’ records
	A bookmaker shall keep a record, in accordance with a form made available by the Registrar, of all bets made with the bookmaker and containing such particulars in relation to each bet as are prescribed.
Penalty:  20 penalty units.
44	Records must be given to the registrar
	A bookmaker must, not later than 28 days after the end of a named month, give the registrar—
	(a)	the original of the records required to be kept under section 43 in relation to each bet completed in the month; and
	(b)		a return and a declaration in the prescribed form.
45 	Furnishing of information by racing club
	A racing club that conducts a race meeting at a racecourse in the Territory shall, within 7 days after the date of the race meeting, forward to the Registrar the name and address of each person who carried on business as a bookmaker at the race meeting.
Penalty:  100 penalty units.
46 	Unlicensed bookmakers on racecourse
	A racing club that conducts a race meeting on a racecourse in the Territory shall not knowingly permit a person to carry on business as a bookmaker on that racecourse unless the person is the holder of a standing licence authorising the bookmaker to field at race meetings of the kind conducted by that racing club.
Penalty:  250 penalty units.

Part V—Miscellaneous
47 	Availability of forms
	The Registrar shall do all things necessary to ensure that supplies of the forms referred to in section 43 are made available to bookmakers.
48 	Notification by Registrar
	Where a standing licence is issued, suspended or cancelled under this Act, the Registrar shall, as soon as practicable, notify each licensing body of—
	(a) 	the issuing, suspension or cancellation, as the case requires;
	(b)	the name and address of the bookmaker concerned; and
	(c)	in the case of a suspension, the period for which the standing licence was suspended.
49 	Evidence of licences
(1) 	In proceedings for an offence against this Act, a certificate signed by the Registrar and stating that the person specified in the certificate was or was not, at that time, or during the period, specified in the certificate, the holder of a standing licence or a bookmaker’s agent’s licence authorizing the holder to field at race meetings of the kind specified in the certificate is evidence of the matters stated in the certificate.
(2) 	In proceedings for an offence against this Act, a certificate signed by the Registrar and stating, in relation to a specified time or period, that a specified person or body was or was not—
	(a)	the holder of a sports betting licence;
	(b)	a member of a syndicate which held a sports betting licence;
	(c)	the holder of a standing licence as well as being a director of a company which held a sports betting licence;
	(d)	a director of a company which held a sports betting licence; or
	(e)	the holder of a sports betting agent’s licence;
is evidence of the matters stated in the certificate.
50 	Review of decisions
(1) 	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Committee—
	(a)	refusing to grant a standing licence under section 25;
	(b)	suspending or cancelling a standing licence under section 33;
	(c)	deciding under section 39F that an applicant for a sports betting licence is not suitable for the grant of such a licence;
	(d)	granting a sports betting licence under section 39G for a period shorter than that applied for;
	(e)	cancelling a sports betting licence under section 39P;
	(f)	cancelling a sports betting licence under section 39Q;
	(g)	refusing to grant a sports betting agent’s licence under section 39T;
	(h)	cancelling a sports betting agent’s licence under section 39Z; or
	(i)	cancelling a sports betting agent’s licence under section 39ZA.
(2) 	Application may be made to the Administrative Appeals Tribunal for a review of a decision of the Registrar—
	(a) 	making a determination under subsection 29 (4); or
	(b)	reconsidering a determination under section 30.
51 	Notification of decisions
	A notice given to a person under any of the following provisions shall be in accordance with the requirements of the Code of Practice in force under subsection 25B (1) of the Administrative Appeals Tribunal Act 1989:
	(a)	subsection 25 (5);
	(b)	paragraph 30 (3) (b);
	(c)	subsection 33 (2);
	(d)	subsection 39F (3);
	(e)	subsection 39G (3);
	(f)	paragraph 39P (3) (a);
	(g)	paragraph 39Q (3) (a);
	(h)	section 39U;
	(i)	paragraph 39Z (3) (a);
	(j)	paragraph 39ZA (3) (a).
52 	Giving of notices etc
(1) 	A document that is required by this Act to be lodged with or given to the Registrar may be so lodged or given—
	(a)	by delivering the document to the Registrar personally;
	(b)	by sending the document by certified mail addressed to the Registrar; or
	(c) 	by leaving the document at the office of the Registrar with a person apparently employed at that office.
(2) 	A document that is required by this Act to be given to a person other than the Registrar may be so given—
	(a)	by delivering the document to the person personally;
	(b)	by leaving the document at the person’s last known place of residence or business with a person apparently resident or employed at that place and apparently not less than 16 years of age; or
	(c)	by sending the document by post addressed to the person at the person’s last known place of residence or business.
53 	Time for commencement of prosecutions 
	A prosecution in respect of an offence against this Act may be commenced at any time within 2 years after the commission of the offence.
55 	Determination of fees
(1) 	For the purposes of this Act, the Minister may, by instrument, determine the following:
	(a)	fees, calculated by reference to turnover or otherwise;
	(c)	periods within which fees are to be payable.
(2) 	A determination under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
55A 	Maintenance of prescribed equipment
(1) 	The commission may, in writing, authorise persons to perform specified duties in relation to the maintenance of prescribed equipment referred to in paragraph 41A (c).
(2) 	The commission may, from time to time, give directions to a person authorised under subsection (1) with respect to the performance of his or her duties.
(3) 	A person shall not, without reasonable excuse, contravene a direction given under subsection (2).
Penalty:  50 penalty units.
(4) 	An instrument of authorisation under subsection (1) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989.
56 	Regulations
	The Executive may make Regulations, not inconsistent with this Act, prescribing all matters which by this Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to this Act and, in particular, may make Regulations—
	(aa)	relating to the information that may be supplied by telephone by a bookmaker in the course of carrying on business as a bookmaker;
	(a)	relating to the keeping of records by bookmakers; and
	(b)	prescribing penalties not exceeding—
	(i)	if the offender is a natural person—10 penalty units; or
	(ii)	if the offender is a body corporate—50 penalty units; 
		for offences against the Regulations.
57 	Transitional
	Notwithstanding subection 24 (1), during the period commencing on the date fixed under subsection 2 (2) and ending 2 months after that date—
	(a)	a person who is the holder of a licence, certificate of registration or permit issued by a racing club that is not a licensing body, being a licence, certificate or permit authorising the person to carry on business as a bookmaker at race meetings in the Territory, may make an application under subsection 24 (1); and
	(b)	Division 1 of Part III applies to and in relation to an application by such a person as if the licence, certificate or permit were issued by a licensing body.

NOTES
1.	The Bookmakers Act 1985 as shown in this reprint comprises Act No. 43, 1985 amended as indicated in the Tables below.
	Citation of Laws—The Self-Government (Citation of Laws) Act 1989  (No. 21, 1989) altered the citation of most Ordinances so that after Self-Government day they are to be cited as Acts.  That Act also affects references in ACT laws to Commonwealth Acts.
2.	The Legislation (Republication) Act 1996 (No. 51, 1996) authorises the Parliamentary Counsel in preparing a law for republication, to make certain editorial and other formal amendments in accordance with current legislative drafting practice.  Those amendments make no change in the law.  Amendments made pursuant to that Act do not appear in the Table of Amendments but details may be obtained on request from the Parliamentary Counsel’s Office.
Table 1
Table of Ordinances
Ordinance	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Bookmakers Ordinance 1985	43, 1985	13 Sept 1985	Ss. 1 and 2: 13 Sept 1985
S. 3, Div. 1 (ss.  4 and 5) and Div.  2 (ss. 6-17) of Part II, ss. 24-28, 32, 34-39 and 48-57: 19 Sept 1985 (see Gazette 1985, No. S373)
Remainder: 1 Oct 1985		
Bookmakers (Amendment) Ordinance 1986	38, 1986	15 Aug 1986	15 Aug 1986	—	
Self-Government (Consequential Amendments)  Ordinance 1989	38, 1989	10 May 1989	Ss.1 and 2: 10 May 1989
Remainder: 11 May 1989 (see s. 2 (2) and Gazette 1989, No. S164)	—	
Remuneration (Miscellaneous Amendments) Ordinance 1989	50, 1989	10 May 1989	10 May 1989	—	
Self-Government day 11 May 1989

Table 2
Table of Acts
Act	Number  
and year	Date of 
notification 
in Gazette	Date of 
commencement	Application, saving or transitional provisions	

Statute Law Revision (Miscellaneous Provisions) Act 1992	23, 1992	4 June 1992	4 June 1992	—	
Bookmakers (Amendment) Act 1994	29, 1994	28 June 1994	1 July 1994	—
	
Bookmakers (Amendment)  Act (No. 2) 1994	53, 1994	5 Oct 1994	Ss. 1 and 2:  5 Oct 1994
Remainder:   14 Oct 1994 (see Gazette 1994, No. S226)	Ss. 6 (2), 7 (2) and 17 (2)	
Administrative Appeals (Consequential Amendments) Act 1994	60, 1994	11 Oct 1994	Ss. 1 and 2:  11 Oct 1994
Remainder:  14 Nov 1994 (see 
s. 2 (2) and Gazette 1994, No. S250)	—	
Statutory Offices (Miscellaneous Provisions) Act 1994	97, 1994	15 Dec 1994	Ss. 1 and 2:  15 Dec 1994
Remainder:  15 Dec 1994 (see Gazette 1994, No. S293)	Part III 
(ss. 4-9)	
(Reprinted as at 31 January 1995)	
Annual Reports (Government Agencies) (Consequential Provisions) Act 1995	25, 1995	5 Sept 1995	5 Sept 1995	—	
Remuneration Tribunal (Consequential Amendments) Act 1997	41, 1997	19 Sept 1997	Ss. 1 and 2:  19 Sept 1997
Remainder:  24 Sept 1997 (s 2) (as am 49, 2002)
	—	
as amended by
Statute Law Amendment Act 2002	49, 2002	notified LR 20 December 2002	s 1, s 2 taken to have commenced 7 October 1994 (LA s 75 (2))
amdt 3.222 taken to have commenced 24 September 1997 s 2 (3))		
(Reprinted as at 30 April 1998)	

Statute Law Revision (Penalties) Act 1998	54, 1998	27 Nov 1998	Ss. 1 and 2:  27 Nov 1998
Remainder:  9 Dec 1998 (see Gazette 1998, No. 49, p. 1078)	—	
Gambling and Racing Control (Consequential Provisions) Act 1999	1999 No 47	17 Sept 1999	ss 1 and 2: 17 Sept 1999
remainder:  1 Dec 1999 (see Gaz 1999, No S63, p. 2)		
Gambling Legislation (GST) Amendment Act 2000	2000 No 19	15 June 2000	ss 1 and 2: 15 June 2000
remainder: 1 July 2000 
		
as repealed by
Race and Sports Bookmaking Act 2001	2001 No 49 s 102	notified 12 July 2001 (Gaz 2001 No 28)	s 1, s 2 commenced 12 July 2001 (IA s 10B)
s 102 commenced 7 September 2001 (s 2 and Gaz 2001 No S68)		

Table of Amendments
ad. = added or inserted      am. = amended     rep. = repealed      rs. = repealed and substituted

Provision	How affected

S. 3.	am. No. 38, 1986; No. 38, 1989; Acts Nos. 53, 60 and 97, 1994; 1999 No. 47 s 5 sch; 2000 No 19 s 3 sch 
Ss. 4, 5	am. No. 38, 1986
	rs. Act No. 97, 1994
S. 5AA	ad. Act No. 97, 1994
	am. No. 54, 1998
S. 5A	ad. No. 38, 1986
S. 7	rs. Act No. 53, 1994
S. 9	am. No. 38, 1989; Act No. 53, 1994
S. 10	rs. Act No. 53, 1994
S. 12	am. Act No. 53, 1994
S. 13	am. Act No. 23, 1992
S. 14	am. Act No. 53, 1994
S. 17.	rs. No. 50, 1989
	rep. Act No. 41, 1997
S. 18	am. No. 38, 1986; Acts Nos. 53 and 97, 1994
S. 19	am. No. 38, 1986; Act No. 97, 1994
S. 20	am. Act No. 97, 1994
Ss. 21, 22	am. No. 38, 1986: Act No. 97, 1994
S. 23	am. Act No. 97, 1994; No. 54, 1998
S. 25	am. No. 38, 1986
S. 29	am. No. 38, 1989; 2000 No 19 s 3 sch
S. 30	am. No. 38, 1986; No. 38, 1989; Act No. 60, 1994
S. 32	am. Act No. 54, 1998
S. 33	am. Act No. 53, 1994
S. 36A	ad.  No. 38, 1986
S. 37	am. No. 38, 1986
Part IIIA (ss. 39A-39Z,	ad. Act No. 53, 1994
   39ZA-39ZL)
Ss. 39A-39C	ad. Act No. 53, 1994
	am. 1999 No. 47 s 5 sch
Ss. 39D-39Z	ad. Act No. 53, 1994
S. 39H	ad. Act No. 53, 1994
	am. No. 54, 1998
Ss. 39I-39Z	ad. Act No. 53, 1994
Ss. 39ZA-39ZL	ad. Act No. 53, 1994
S. 40	am. Act No. 53, 1994; No. 54, 1998
S. 41	am. Act No. 54, 1998
Ss. 41A, 41B	ad. Act No. 29, 1994
	am. No. 54, 1998
S. 42	am. Act No. 97, 1994; No. 54, 1998
S. 43	am. Act No. 54, 1998
S. 44	am. No. 38, 1986; Act No. 54, 1998
	rs. 2000 No 19 s 3 sch
Ss. 45, 46	am. Act No. 54, 1998
S. 49	am. Act No. 53, 1994
S. 50	am. Acts Nos.  53 and 60, 1994
S. 51	am. No. 38, 1986; Act No. 53, 1994
	rs. No. 60, 1994
S. 54	rep. Act No. 25, 1995
S. 55	rs. Act No. 53, 1994
	am 2000 No 19 s 3 sch
S. 55A	ad. Act No. 29, 1994
	am. No. 54, 1998; 1999 No. 47 s 5 sch
S. 56	am. No. 38, 1989; Act No. 23, 1992; No. 29, 1994; No. 54, 1998

3.	S. 22 (2)—The provision of the Schedule to the Statutory Offices (Miscellaneous Provisions) Act 1994 applicable to subsection 22 (2) provides as follows:
Omit “authorizing the Registrar or inspector, as the case requires,”, substitute “authorising the inspector”.
The proposed amendment was misdescribed and is not incorporated in this reprint.

©  Australian Capital Territory 2006