Racing Amendment Act (No 2) 1995
Racing Amendment Act (No 2) 1995
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Racing Amendment Act (No 2) 1995
Racing Amendment Act (No 2) 1995
Public Act |
1995 No 81 |
|
Date of assent |
15 December 1995 |
|
Contents
An Act to amend the Racing Act 1971
BE IT ENACTED by the Parliament of New Zealand as follows:
1 Short Title and commencement
(1)
This Act may be cited as the Racing Amendment Act (No. 2) 1995, and shall be read together with and deemed part of the Racing Act 1971 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the date on which it receives the Royal assent.
2 New Part Vb inserted
The principal Act is hereby amended by inserting, after Part Va (as substituted by section 42 of the Racing Amendment Act 1995), the following Part:
Vb “Sports Betting
“99i. Definition of ‘sport’
In this Part of this Act, ‘sport’ means any lawful organised game, competition, or event involving human competitors conducted pursuant to rules which are under the control of a national or international sports organisation; and ‘sporting’ has a corresponding meaning.
“99j. Board may make rules establishing systems of sports betting
“(1)
The Board may from time to time make, alter, and rescind rules providing for the establishment of a system or systems of sports betting, and providing for any matter relating to the conduct and operation of sports betting by the Board.
“(2)
The rules may provide for a product range, and games and other matters, to enable persons to bet on any sporting event or events or on any contingency arising from a sequence of such sporting events in respect of sports other than racing.
“(3)
No rule made under subsection (1) of this section, or alteration to, or rescission of, such a rule, shall come into force until it is approved by the Industry Board, and has been published by the Board in the Gazette.
“(4)
Without limiting the generality of subsection (1) of this section, rules made by the Board under this section may specify the circumstances in which—
“(a)
A bet shall be refunded, and when it shall be retained by the Board; and
“(b)
Any fixed-odds sports bet may be laid off on the same event on other betting systems by the Board for the purpose of limiting the Board’s exposure on any particular event or events; and
“(c)
The Board may pay commission to any totalisator club or restricted totalisator club in respect of sports betting accepted at race meetings conducted by the club.
“99k. Board may operate systems of sports betting
“(1)
Subject to this Act and to any rules for the time being in force under section 99J of this Act, the Board may establish and operate totalisator betting or fixed-odds betting, or both, on any sporting event or events, whether held in New Zealand or outside New Zealand, or on any contingency arising from a sequence of sporting events, whether held in New Zealand or outside New Zealand or both, if—
“(a)
In respect of a sporting event or events held in New Zealand, there is a New Zealand national sporting organisation which administers the sport concerned or under whose auspices or control the event or events are being conducted; or
“(b)
In respect of a sporting event or events held outside New Zealand, there is a New Zealand national sporting organisation which administers the sport concerned in New Zealand or under whose auspices or control the event or events would be conducted if held in New Zealand—
and the New Zealand national sporting organisation meets the criteria laid down by the Hillary Commission for Recreation and Sport for receiving financial support from that Commission, whether or not it is actually receiving such support.
“(2)
Any system of fixed-odds sports betting established under this section—
“(a)
Subject to any rule in force under section 99j(4)(b) of this Act, may allow for any fixed-odds sports bet to be laid off by the Board on to other betting systems on the same event or events for the purpose of limiting the Board’s exposure on that particular event or events:
“(b)
May allow for the placing and acceptance of bets at any time before the completion of any specified event to which the bets relate, as the Board from time to time determines.
“(3)
The Board shall have such powers and may perform such functions as are reasonably necessary for establishing such sports betting systems.
“99l. Agreements with national sporting organisations
“(1)
The Board shall not conduct sports betting, pursuant to section 99k of this Act, on any sporting event or events without the written agreement of the appropriate New Zealand national sporting organisation.
“(2)
Every agreement entered into pursuant to subsection (1) of this section shall be on such terms and conditions as may be agreed between the Board and the New Zealand national sporting organisation concerned, including payment to the sporting organisation, pursuant to section 99o(1)(c) of this Act, of revenue derived from sports betting on the event or events to which the agreement relates.
“99m. Use of facilities
“(1)
For the purposes of operating a sports betting system under section 99k of this Act, the Board may use any offices or agencies established, or equipment used, for the operation of on-course betting under Part III of this Act or off-course betting under Part IV of this Act.
“(2)
For the purposes of operating a sports betting system under section 99k of this Act, the Board may establish such new offices or agencies or outlets as it thinks fit.
“99n. Application of certain provisions to sports betting
“(1)
The provisions of sections 84, 85, 89, and 100 of this Act, with all necessary modifications, shall apply in respect of sports betting conducted by the Board.
“(2)
For the purposes of the Gaming Duties Act 1971, the gross amount of all bets accepted by the Board under this Part of this Act on any sporting event shall be deemed to be special investments within the meaning of that Act.
“99o. Application of revenue from sports betting
“(1)
Notwithstanding sections 42 and 97 of this Act but subject to section 99n of this Act, the Board shall apply the total amount of sports betting registered under this Part of this Act, including the net return from bets laid off pursuant to section 99k(2)(a) of this Act, as follows:
“(a)
First, in payment of totalisator duty at such rate or rates on all, or such part of the total amount of betting, as may from time to time be prescribed by the Gaming Duties Act 1971:
“(b)
Secondly, in payment of winning dividends:
“(c)
Thirdly, in payment of the amounts agreed to be paid to New Zealand national sporting organisations pursuant to agreements entered into under section 99l of this Act, being—
“(i)
Not less than 5 percent of totalisator sports betting turnover:
“(ii)
Not less than 1 percent of fixed-odds sports betting turnover and 5 percent of gross profit (being gross revenue minus dividends paid, but not less than zero) from fixed-odds sports betting:
“(d)
Fourthly, in payment of all costs, charges, and expenses incurred by the Board in the exercise and performance of its powers and functions under this Part of this Act, including amounts to be paid by the Board by way of commission, in accordance with rules in force under section 99J of this Act, to any totalisator club or restricted totalisator club in respect of sports betting accepted at a race meeting conducted by that club.
“(2)
The balance, if any, of the amount remaining at the end of each month after making the payments required by subsection (1) of this section shall be applied, as soon as practicable after the end of that month, in accordance with section 99p of this Act.
“99p. Payment of profits from sports betting to Industry Board
The Board shall pay to the Industry Board all profits derived from the operation of sports betting, less money deposited in the separate account established under section 99r of this Act to maintain it at such level as the Industry Board from time to time determines to recoup any shortfall in the fixed-odds sports betting pool.
“99q. Shortfall in respect of fixed-odds sports betting
The Board shall ensure, in accordance with any rules in force under section 99J of this Act, that any shortfall in respect of fixed-odds sports betting is not recouped from money derived from totalisator sports betting.
“99r. Board to establish separate account for fixed-odds sports betting
“(1)
The Board, in accordance with any rules in force under section 99J of this Act, shall establish a separate account into which shall be deposited such part of the profits from fixed-odds sports betting as will maintain the account at the level determined by the Industry Board under section 99p of this Act.
“(2)
Any shortfall in the fixed-odds sports betting pool shall be recouped from the separate account established under subsection (1) of this section.”
This Act is administered in the Department of Internal Affairs.
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Versions
Racing Amendment Act (No 2) 1995
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