Australian Capital Territory
Racing (Race Field Information) Amendment Regulation 2013 (No 1)
Subordinate Law SL2013-3

The Australian Capital Territory Executive makes the following regulation under the Racing Act 1999.
Dated 26 February 2013.
Joy Burch
Minister
Simon Corbell
Minister

Australian Capital Territory
Racing (Race Field Information) Amendment Regulation 2013 (No 1)
Subordinate Law SL2013-3
made under the
Racing Act 1999

    
    
1	Name of regulation
This regulation is the Racing (Race Field Information) Amendment Regulation 2013 (No 1).
2	Commencement
This regulation commences on the commencement of the Racing Amendment Act 2013, section 28.
Note	The naming and commencement provisions automatically commence on the notification day (see Legislation Act, s 75 (1)).
3	Legislation amended
This regulation amends the Racing (Race Field Information) Regulation 2010.
4	New section 20
insert
20	Modification of Act, pt 10—Act, s 104
	(1)	The Act, part 10 is modified by schedule 1.
	(2)	This section, and schedule 1, expire on the day the Act, part 10 expires.
5	New schedule 1
insert
Schedule 1	Modification of Act
(see s 20)
[1.1]	Section 100, new definitions
insert
existing approval holder means a licensed wagering operator who holds an approval to use race field information—
	(a)	issued, or renewed, under pre-amendment part 5B; and
	(b)	which is in force immediately before the commencement day.
existing race field information fund means the race field information fund established under pre-amendment part 5B, section 61U.
pre-amendment period means the period from 1 July 2012 until the day before the commencement day.
pre-amendment regulation means the Racing (Race Field Information) Regulation 2010 as in effect immediately before the commencement day.
transitional period means the period starting on the commencement day until 30 June 2013.
[1.2]	New sections 101A to 101F
insert
101A	Existing approval holders must continue to give monthly returns to commission
	(1)	An existing approval holder must give the commission a monthly return—
	(a)	for any month before the commencement day for which the existing approval holder has not already given the commission a return under pre-amendment part 5B; and
	(b)	for each month in the transitional period.
	(2)	The existing approval holder must—
	(a)	for each month mentioned in subsection (1) (a)—give the commission the monthly return on or before 14 March 2013; and 
	(b)	for each month mentioned in subsection (1) (b)—give the commission the monthly return on or before the 14th day of the following month; and 
	(c)	certify that the monthly return is true.
	(3)	The existing approval holder must give the commission an adjusted monthly return for a month if a variation to information required in the monthly return for the month under this section is not reflected in the monthly return.
	(4)	An adjusted monthly return must—
	(a)	include an explanation for the variation; and
	(b)	be given to the commission as soon as practicable after the existing approval holder becomes aware of the variation.
	(5)	If a form is approved under the Gambling and Racing Control Act 1999, section 53D immediately before the commencement day for this provision, the form must be used.
	(6)	In this section:
assessable turnover—see pre-amendment part 5B, section 61E.
monthly return means a statement stating—
	(a)	for a month mentioned in subsection (1) (a)—the existing approval holder’s assessable turnover and relevant net revenue for the month that is derived from each prescribed kind of racing; and
	(b)	for a month mentioned in subsection (1) (b)—the existing approval holder’s assessable turnover for the month that is derived from each prescribed kind of racing.
prescribed kind of racing means the following:
	(a)	greyhound racing; 
	(b)	harness racing; 
	(c)	thoroughbred racing.
relevant net revenue—see pre-amendment part 5B, section 61E.
101B	Certain existing approval holders must continue to pay old monthly charge for the pre-amendment period
	(1)	This section applies—
	(a)	to an existing approval holder who is liable under pre‑amendment part 5B, section 61S (1) (a) to pay a race field information charge for the financial year ending 30 June 2013; and
	(b)	for the pre-amendment period.
	(2)	The existing approval holder must continue to pay the race field information charge for each month in the pre-amendment period as if pre‑amendment part 5B had not been amended.
101C	Certain existing approval holders must pay new monthly charge in transitional period
	(1)	This section applies—
	(a)	to an existing approval holder who is liable under pre‑amendment part 5B, section 61S (1) (a) to pay a race field information charge for the financial year ending on 30 June 2013; and
	(b)	for the transitional period.
	(2)	A relevant controlling body must, before 7 March 2013, give the commission written notice of how to work out the amount of the race field information charge (the new race field information charge) that applies to an existing approval holder for each month in the transitional period.
	(3)	The commission must give the existing approval holder written notice of the new race field information charge for a month within 7 days after the day the commission receives the existing approval holder’s monthly return required under section 101A for the month.
	(4)	The existing approval holder must pay the new race field information charge for a month— 
	(a)	to the existing race field information fund; and
	(b)	on or before the 28th day of the next month; and
	(c)	by electronic funds transfer. 
101D	Certain existing approval holders must pay pre‑amendment and new race field information charge
	(1)	This section applies to an existing approval holder who—
	(a)	was not liable under pre‑amendment part 5B, section 61S (1) (a) to pay a race field information charge for the financial year ending on 30 June 2013; but
	(b)	if pre-amendment part 5B had not been amended—would have been liable under pre‑amendment part 5B, section 61S (1) (b) to pay a race field information charge for the financial year ending on 30 June 2013.
	(2)	A relevant controlling body must, before 7 March 2013, give the commission written notice of how to work out the amount of the race field information charge (the new race field information charge) that applies to an existing approval holder for each month in the transitional period.
	(3)	The commission must give the existing approval holder written notice of the new race field information charge for a month within 7 days after the day the commission receives the existing approval holder’s monthly return required under section 101A for the month.  
	(4)	The existing approval holder must pay— 
	(a)	the pre-amendment charge on or before 28 August 2013; and
	(b)	the new race field information charge for a month on or before the 28th day of the next month; and
	(c)	each charge—
	(i)	to the existing race field information fund; and
	(ii)	by electronic funds transfer. 
	(5)	In this section:
pre-amendment charge means the race field information charge the existing approval holder would have been liable to pay under pre‑amendment part 5B, section 61S (1) (b) for the pre-amendment period if pre-amendment part 5B had not been amended.
101E	Commission must refund charge if existing approval holder does not meet threshold
	(1)	This section applies if—
	(a)	an existing approval holder has paid a race field information charge under either of the following provisions:
	(i)	pre-amendment part 5B for the financial year ending on 30 June 2013; 
	(ii)	section 101B; and
	(b)	the existing approval holder’s assessable turnover for the financial year is not more than the amount determined immediately before the commencement day for pre‑amendment part 5B, section 61S (4).
	(2)	The commission must pay to the existing approval holder each amount to which subsection (1) (a) applies.
	(3)	In this section:
assessable turnover—see pre-amendment part 5B, section 61E.
101F	Existing race field information fund
	(1)	The existing race field information fund continues in existence as if pre‑amendment part 5B had not been amended.
	(2)	Amounts payable into and from the fund under pre‑amendment part 5B continue to be payable as if pre‑amendment part 5B had not been amended.
	(3)	For an amount paid into the fund under this part—
	(a)	the amount is taken to be an amount paid into the fund under pre‑amendment part 5B; and 
	(b)	pre-amendment part 5B, section 61U (3) continues to apply to the fund as if pre‑amendment part 5B and the pre-amendment regulation had not been amended.
Note	Pre-amendment part 5B, s 61U (3) (a) allows an administration fee prescribed under the pre-amendment regulation to be paid to the commission.
[1.3]	Section 102 (1) (a)
after
charge
insert
for the amount of the charge worked out in the way notified in writing by the relevant controlling body
[1.4]	Section 102 (1) (b)
after
commission
insert
under this section
[1.5]	New section 102 (1) (ba)
insert
	(ba)	pay amounts collected under paragraph (b) into the existing race field information fund;
[1.6]	Section 102 (1) (c)
after
behalf
insert
under this section 
[1.7]	Section 102 (2) and (3)
omit

Endnotes
1	Notification
	Notified under the Legislation Act on 28 February 2013.
2	Republications of amended laws
	For the latest republication of amended laws, see www.legislation.act.gov.au.

© Australian Capital Territory 2013