Australian Capital Territory
Race and Sports Bookmaking (Sports Bookmaking Venues) Determination 2006 (No 9) 
Disallowable Instrument DI2006—270

EXPLANATORY STATEMENT

The Race and Sports Bookmaking Act 2001 (the Act) regulates the activities of sports bookmakers in the Australian Capital Territory.

Part 3 of the Act provides for the conduct and control of sports bookmaking.   Section 21(1) of the Act provides that the Commission may determine a place to be a sports bookmaking venue for the purpose of the Act.

This instrument revokes DI2006-214 dated 26 September 2006 and notified under the Legislation Register on 3 October 2006.  The instrument approves ACTTAB Ltd sub-agencies as sports bookmaking venues.

The new determination approves the areas within a one-metre radius of any selling terminal, owned and operated by ACTTAB Limited and located within the places identified in the Schedules to the instrument.  A selling terminal is defined as a SELPOS or AMTOTE AT 1000 selling terminal. 

DI2006-214 amended the details of sub-agencies in DI2006-206 by adding two new sub-agencies to the Schedule and correcting a drafting error in the previous instrument by reinstating sports bookmaking venue known as Wests@Turner Club that was inadvertently omitted under DI2006-206.

This instrument re-approves the sub-agencies listed under DI2006-214 and provides for the retrospective approval of Wests@Turner Club to cover the non-approved period.

Schedule 1 of this instrument continues to prospectively determine ACTTAB sub-agencies (with the exception of Wests@Turner Club) as notified in 
DI2006-214.

Schedule 2 specifically amends the commencement date for Wests@Turner Club retrospectively.  The commencement date for this sub-agency as an approved sports bookmaking venue is 5 September 2006.  The need to retrospectively apply the commencement date is to correct a clerical error that resulted in Wests@Turner Club not being a determined ACTTAB sub-agency during the period 5 September 2006 to 3 October 2006.

The retrospective commencement of Schedule 2 will not adversely affect a person’s rights or impose liabilities on a person as consumers made bets with the ACTTAB sub-agency in the belief that the bets were legally made and were legally binding.  The licensee of West@Turner Club also accepted bets and paid out on those bets on the basis that it was lawful to do so.  

The retrospective application of Schedule 2 ensures that the legal situation accords to the expectation of parties.  It also gives effect to the overall object of the Act in a manner that is just and expedient.

In all other respects DI2006-214 has not been altered.