Australian Capital Territory

Pool Betting Act 1964    No 15
Republication No 2A
As in force on 31 December 1999
Includes all amendments up to Act 1999 No 47

Prepared by the ACT Parliamentary Counsel’s Office
This republication is not an authorised republication for the Legislation (Republication) Act 1996.
As in force on
 31 December 1999

Australian Capital Territory

Pool Betting Act 1964
CONTENTS
	Page
	1	Short title	1
	2	Commencement	1
	3	Interpretation	1
	4	Application	2
	5	Prohibition of certain pool betting	2
	6	Approval of pool betting schemes	2
	7	Restriction on advertising pool betting	3
	8	Restriction on distribution of pool betting coupons	4
	9	Printing of coupons for certain pool betting competitions prohibited	4
	10	Audit	4
	11	Falsification of books etc	5
	12	Misappropriation of entry fees or winnings	5
	13	Supervision of conduct of pool betting	5
	13A	Levy on interstate pool betting competitions	6
	13B	Time for payment of levy	7
	13C	Agreement for payment of levy by State	7
	14	Delegation	7
	15	Regulations	8
	ENDNOTES
	1	About this republication	9
	2	About the republished Act	9
	3	Abbreviation key	9
	4	Table of legislation	10
	5	Table of amendments	11
	6	Table of earlier republications	11

As in force on
 31 December 1999

Australian Capital Territory

Pool Betting Act 1964
An Act relating to pool betting
1 	Short title
	This Act may be cited as the Pool Betting Act 1964.
2 	Commencement
	This Act shall come into operation on 1 September 1964.
3 	Interpretation
	In this Act, unless the contrary intention appears—
approved pool betting scheme means a pool betting scheme approval for the carrying on of which has been granted under section 6.
commission means the Gambling and Racing Commission established by the Gambling and Racing Control Act 1999.
pool betting competition means a competition or transaction involving betting by a group of persons one with another at otherwise than fixed odds and on terms that the winnings or prizes of the persons in the group who are winners of the competition or transaction are or include, or are determined by reference to, the amount of the stake moneys or entry fees paid or agreed to be paid by the group of persons.
pool betting scheme means a scheme or arrangement for the conduct of 1 or more pool betting competitions, including the negotiation, receipt or payment of money in connection with such a competition.
promoter, in relation to a pool betting competition, means the person carrying on the pool betting scheme under which that competition is conducted.
soccer football pool means a pool betting competition in which rights to winnings or prizes are determined by reference to the results of certain soccer football matches.
unlawful game has the same meaning as in the Unlawful Games Act 1984.
4 	Application
	This Act does not apply in relation to betting that may lawfully be conducted under any other law of the Territory.
5 	Prohibition of certain pool betting
(1) 	A person shall not conduct a pool betting competition otherwise than under and in accordance with a pool betting scheme approval for the carrying on of which by that person is in force under section 6.
Maximum penalty:  50 penalty units,  imprisonment for 6 months or both.
(2) 	Where an approval granted under section 6 for the carrying on of a pool betting scheme is subject to a condition imposing a requirement or prohibition on the person carrying on the pool betting scheme, the person shall not contravene or fail to comply with that condition.
Maximum penalty:  50 penalty units.
6 	Approval of pool betting schemes
(1) 	A person who wishes to carry on a pool betting scheme (not being a scheme that involves betting on or by reference to the playing of an unlawful game) may apply in writing to the commission for approval for the carrying on of that pool betting scheme by that person.
(2) 	Subject to subsection (2A),  the commission may, in its discretion, grant or refuse the approval.
(2A) 	The commission shall not grant approval under subsection (2) in respect of a pool betting scheme that is lawfully carried on under a law of a State unless an agreement has been entered into in pursuance of section 13C between the commission and the appropriate authority of that State in relation to the promoter of the pool betting competitions to be conducted under that scheme.
(2B) 	Subsection (2A) does not apply in relation to a pool betting scheme for the conduct of soccer football pools.
(3) 	Where the commission grants approval for the carrying on of a pool betting scheme, the approval is subject to such conditions (if any) imposing requirements or prohibitions on the person carrying on the pool betting scheme as the commission thinks necessary to ensure that, as far as possible, the scheme and pool betting competitions under the scheme will be properly carried on and conducted and the interests of persons participating in such a pool betting competition will be adequately protected.
(4) 	As soon as practicable after the commission has granted or refused approval for the carrying on of a pool betting scheme, the commission shall cause the person who applied for approval to be notified in writing of the grant or refusal of approval.
(5) 	In any proceeding, a certificate issued by the commission specifying whether an approval for the carrying on of a pool betting scheme  specified in the certificate has been granted under this section and, if an approval has been granted, specifying the conditions (if any) to which the approval is subject is evidence of the matters specified.
(6) 	Where an agreement referred to in subsection (2A) is terminated, the approval granted under subsection (2) for the carrying on of the pool betting scheme in relation to which that agreement was entered into shall, by force of this subsection, cease to be in force.
7 	Restriction on advertising pool betting
	A person shall not—
	(a)	print or publish, or cause or permit to be printed or published; or
	(b)	display, or cause or permit to be displayed, in any public place or in any place that is visible from a public place;
an advertisement, sign or notice relating to a pool betting competition other than a pool betting competition under an approved pool betting scheme.
Maximum penalty:  10 penalty units.
8 	Restriction on distribution of pool betting coupons
	A person shall not distribute or circulate a coupon, entry form or printed card in connection with a pool betting competition other than a pool betting competition under an approved pool betting scheme.
Maximum penalty:  10 penalty units.
9 	Printing of coupons for certain pool betting competitions prohibited
	A person shall not print, or cause or permit to be printed, a coupon, entry form or printed card in connection with a pool betting competition other than a pool betting competition under an approved pool betting scheme.
Maximum penalty:  5 penalty units.
10 	Audit
(1) 	The commission may, by notice in writing to a person who is or has been concerned in the carrying on of a pool betting scheme, require the person to furnish to the commission, within a period specified in the notice—
	(a)	a statement in writing showing the whole of the receipts and disbursements in connection with any pool betting competition under the pool betting scheme; and
	(b)	all books, documents, coupons, entry forms or printed cards relating to the pool betting competition.
(2) 	The commission may retain any statements, books, documents or printed matter that are so furnished to the commission and may cause them to be audited by a person authorised by the commission for the purpose.
(3) 	A person so authorised under subsection (2) may, by notice in writing to a person who is or has been concerned in the conduct of a pool betting competition, require the person, within a period specified in the notice, to furnish him or her with such information in the possession of the person or to which the person has access, and to answer such questions, as the authorised person considers necessary for the purposes of the audit.
(4) 	A person to whom a requirement is directed under this section shall comply with the requirement.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
(5) 	A notice under this section to a person may be given personally to the person or may be sent by post to the last-known place of residence or business of the person.
11 	Falsification of books etc
	A person shall not, with intent to defraud or deceive any other person—
	(a)	alter or falsify a book, document, coupon, entry form or printed matter relating to a pool betting scheme or pool betting competition; or
	(b)	make a false or fraudulent entry in a book or other document relating to a pool betting scheme or pool betting competition; or
	(c)	omit a material particular from a book or other document relating to a pool betting scheme or pool betting competition.
Maximum penalty:  500 penalty units, imprisonment for 5 years or both.
12 	Misappropriation of entry fees or winnings
	A person who is concerned in the carrying on of a pool betting scheme shall not convert to his or her own use any of the stake moneys or entry fees paid in connection with, or any of the winnings or prizes of, a pool betting competition under the pool betting scheme.
Maximum penalty:  50 penalty units, imprisonment for 6 months or both.
13 	Supervision of conduct of pool betting
(1) 	Where it appears to the commission to be desirable for the purpose of protecting the interests of persons participating in a pool betting competition that the conduct of the pool betting competition should be supervised, the commission may, by notice in writing, authorise a person to supervise the pool betting competition.
(2) 	The person authorised under subsection (1) may—
	(a)	enter any place in which a pool betting scheme is being or is to be carried on; and
	(b)	give to persons who have been or become concerned in the carrying on of the scheme or the conduct of a pool betting competition under the scheme such directions in relation to such a pool betting competition as he or she thinks necessary to ensure as far as possible that the interests of persons participating in the pool betting competition are protected.
(3) 	A person shall not, upon being shown the notice of authority under subsection (1)—
	(a)	hinder or obstruct the person authorised by the notice in the exercise of his or her powers under this section; or
	(b)	contravene or fail to comply with a direction given to him or her under subsection (2).
Maximum penalty:
	(a)	for paragraph (a)—50 penalty units, imprisonment for 6 months or both; or
	(b)	for paragraph (b)—50 penalty units.
13A 	Levy on interstate pool betting competitions
(1) 	Where the promoter of a pool betting competition that is lawfully conducted under a law of a State receives money that was paid in the Territory by or on behalf of a person in connection with the submission in the Territory by the person of an entry in the competition, the promoter is liable to pay to the Territory—
	(a)	if the competition is a soccer football pool—an amount equal to; or
	(b)	in any other case—an amount equal to the prescribed percentage of;
the amount that is payable by the promoter by way of duty (however described) under the law of that State in respect of the amount of money so received or that would be so payable but for any provision of that law exempting that promoter from liability for that duty by reason that an amount is payable to the Territory under this section in respect of the money so received.
(2) 	In this section—
prescribed percentage, in relation to an amount payable under a law of a State, means—
	(a)	if a percentage is determined by the commission in relation to such an amount, by notice in the Gazette, for the purposes of this section—the percentage so determined; or
	(b)	in any other case—50%.
13B 	Time for payment of levy
	An amount that is payable to the Territory in pursuance of section 13A becomes due 21 days after the expiration of the calender month in which the amount became payable.
13C 	Agreement for payment of levy by State
(1) 	The commission may enter into an agreement with the appropriate authority of a State with respect to the collection in that State of amounts from time to time payable in pursuance of section 13A by a specified promoter of pool betting competitions that are lawfully conducted under the law of that State, and the payment of amounts so collected to the Territory.
(2) 	Where an amount is paid to the Territory in pursuance of an agreement referred to in subsection (1), the liability that, but for this subsection, the promoter specified in the agreement would have in pursuance of section 13A to pay that amount is discharged.
14 	Delegation 
(1) 	The commission may, either generally or otherwise as provided in the instrument of delegation delegate all or any of the commission’s powers under this Act except this power of delegation.
(2) 	A power so delegated may be exercised by the delegate in accordance with the instrument of delegation.
(3) 	A delegation under this section is revocable at will and does not prevent the exercise of a power by the commission.
15 	Regulations
	The Executive may make regulations, not inconsistent with this Act, prescribing all matters necessary or convenient to be prescribed for carrying out or giving effect to this Act.

ENDNOTES
1	About this republication
This is a republication of the Pool Betting Act 1964 as in force on 31 December 1999.  It includes all amendments made to the Act up to Act 1999 No 47.
Amending laws are annotated in the table of legislation and table of amendments.
The Parliamentary Counsel’s Office currently prepares 2 kinds of republications of ACT laws:  authorised printed republications to which the Legislation (Republication) Act 1996 applies and unauthorised electronic republications.  The status of this republication appears on the cover.
Section 13 of the Legislation (Republication) Act 1996 authorises the Parliamentary Counsel, in preparing a law for republication, to make textual amendments of a formal nature which the Parliamentary Counsel considers desirable in accordance with current legislative drafting practice.  The amendments do not effect a substantive change in the law.
In preparing this republication, amendments have not been made under section 13.
Not all amendments made under section 13 are annotated in the table of amendments.  Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.
2	About the republished Act
The Pool Betting Act 1964  was originally the Pool Betting Ordinance 1964.  It became an ACT Act on self-government (11 May 1989).
3	Abbreviation key
Key to abbreviations in tables

am = amended
amdt = amendment
ch = chapter
cl = clause
def = definition
div = division
exp = expires/expired
Gaz = Gazette
hdg = heading
ins = inserted/added
LR = Legislation (Republication) Act 1996
mod = modified
No = number
notfd = notified
o = order
om = omitted/repealed
orig = original
p = page
par = paragraph
pres = present
prev = previous
(prev...) = previously
prov = provision
pt = part
r = rule/subrule
reg = regulation/subregulation
renum = renumbered
reloc = relocated
R[X] = Republication No
s = section/subsection
sch = schedule
sdiv = subdivision
sub = substituted
SL  = Subordinate Law
sp = spent
*  = SL unless otherwise stated
† = Act or Ordinance unless otherwise stated

4	Table of legislation
Part 1—Legislation before self-government
Ordinance†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Pool Betting Ordinance 1964	1964 No 15	28 Aug 1964	1 Sept 1964		
Ordinances Revision (Decimal Currency) Ordinance 1966	1966 No 19	23 Dec 1966	23 Dec 1966	—	
Pool Betting (Amendment) Ordinance 1981	1981 No 1	5 Feb 1981	ss 1-6 and 8:  22 June 1982 (see Gaz 1982 No S128)
s 7:  19 July 1982 (see Gaz 1982 No S153)	—	
Pool Betting (Amendment) Ordinance 1982	1982 No 18	7 May 1982	ss 1-3, 5 and 6:  22 June 1982 (see Gaz 1982 No S128)
s 4:  19 July 1982 (see Gaz 1982 No S153)	—	
Pool Betting (Amendment) Ordinance (No. 2) 1982	1982 No 101	31 Dec 1982	31 Dec 1982	—	
Pool Betting (Amendment) Ordinance 1984	1984 No 26	29 June 1984	1 July 1984 (see Gaz 1984 No S244
 p 2)	—	
Self-Government (Consequential Amendments) Ordinance 1989	1989 No 38	10 May 1989	Ss. 1 and 2:  10 May 1989
remainder:  11 May 1989 (see s 2 (2) and Gaz 1989 No S164)
	—	

Part 2—Legislation after self-government
Act†	Year and number†	Gazette
notification	Commencement	Transitional provisions	

Pool Betting (Amendment) Act 1990	1990 No 48	10 Dec 1990	ss 1 and 2:  10 Dec 1990
remainder:  1 Jan 1991	—	
Financial Management and Audit (Consequential and Transitional Provisions) Act 1996	1996 No 26	1 July 1996	1 July 1996	—	
Statute Law Revision (Penalties) Act 1998	1998 No 54	27 Nov 1998	ss 1 and 2:  27 Nov 1998
remainder:  9 Dec 1998 (see Gaz 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 (ss 3-15):  1 Dec 1999 (see Gaz 1999 No S63 
p 2)
		
5	Table of amendments

Provision	How affected†

s 3	am 1981 No 1; 1984 No 26; 1999 No 47 s 5 sch
s 4	am 1981 No 1
s 5	am 1966 No 19; 1981 No 1; 1998 No 54
s 6	am 1981 No 1; 1982 No 18; 1999 No 47 s 5 sch
ss 7-9	am 1966 No 19; 1998 No 54
s 10	am 1966 No 19; 1998 No 54; 1999 No 47 s 5 sch
s 11	am 1998 No 54
s 12	am 1966 No 19; 1998 No 54
s 13	am 1966 No 19; 1998 No 54; 1999 No 47 s 5 sch
s 13A	ins 1981 No 1
	am 1982 Nos 18 and 101; 1989 No 38; 1999 No 47 s 5 sch
s 13B	ins 1981 No 1
	am 1989 No 38
s 13C	ins 1981 No 1
	am 1982 No 18; 1989 No 38; 1999 No 47 s 5 sch
s 13D	ins 1981 No 1
	am 1989 No 38; 1990 No 48
	om 1996 No 26
s 14	am 1999 No 47 s 5 sch
s 15	am 1989 No 38

6	Table of earlier republications
Republication No	Amendments to	Republication date	
(1)	Act 1990 No 48	30 June 1991	
2	Act 1999 No 47	31 December 1999	

©  Australian Capital Territory 2000

The Copyright Act 1968 (Cwlth) permits certain reproduction and publication of this legislation.  For reproduction or publication beyond that permitted by the Act, written permission must be sought from the Government Printer, c/o Information Management and Libraries, Department of Urban Services, ACT Government, GPO Box 158, Canberra City ACT 2601.