Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts12. After Part III of the Principal Act the following Part is inserted:
“39A. (1) The Minister 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. (1) The Minister may, by instrument, determine a place to be a sports betting venue.
“(2) The Minister 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. (1) The Minister 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—
“39D. (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. (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. (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. (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—
“39H. (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—$500;
(b) in the case of a body corporate—$2,500.
“(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. A sports betting licence remains in force for the period specified in the licence, subject to this Part.
“39J. (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. The determined fee for a sports betting licence is payable to the Territory within the determined period.
“39L. 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. (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. (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. (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. (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.
“39R. In this Division—
“39S. (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. (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. If the Committee refuses an application for an agent's licence, the Chairperson shall notify the applicant in writing of the decision.
“39V. An agent's licence remains in force until the expiry date specified on the licence.
“39W. (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. (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. (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. (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. (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.
“39ZB. In this Division—
(a) if the backer is the applicant—the licensee; or
(b) if the licensee is the applicant—the backer;
“39ZC. (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. (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. (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. (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. (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. (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. (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. 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. 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. (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.”.