Australian Capital Territory Numbered Regulations

RACING (RACE FIELD INFORMATION) REGULATION 2010 (NO 3 OF 2010) - REG 6

For the Act, s 61N (a) the following are the conditions of an approval, or renewal of an approval, for a licensed wagering operator to use race field information:

        (a)     the licensed wagering operator must give the commission access to all the operator's betting information and analyses in relation to the race field information covered by the approval;

        (b)     the licensed wagering operator must, if reasonably required by the commission, allow the commission to monitor wagering activity, including activity relating to—

              (i)     bets held on races conducted in the ACT; and

              (ii)     bets paid; and

              (iii)     bet backs; and

              (iv)     any betting account that is used for betting on an authorised race meeting in the ACT;

        (c)     the licensed wagering operator must use an operating and recording system, whether computerised or not, that—

              (i)     includes measures to prevent unauthorised access and unauthorised changes to data; and

              (ii)     provides an audit trail for all wagering activity that relates to authorised race meetings in the ACT;

        (d)     the licensed wagering operator must not open an account for betting for a person unless the person has properly established their identity;

Example of properly establishing identity

providing 100 points of identification as commonly required by authorised deposit-taking institutions

Note     An example is part of the regulation, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

        (e)     the licensed wagering operator must not open or maintain an account for betting if the operator knows the account is for a person who—

              (i)     is disqualified or suspended from participation in racing under racing, gaming or wagering legislation or a rule of racing or betting (in the ACT or elsewhere); or

              (ii)     is subject to a warning-off notice issued by a defined entity;

        (f)     the licensed wagering operator must, within a reasonable time specified by the commission—

              (i)     give the commission information reasonably required by the commission for an inquiry or investigation being conducted by the commission; and

              (ii)     cooperate in an inquiry or an investigation being conducted by the commission;

        (g)     if any part of a licensed wagering operator's business involves online wagering—the operator must participate in an online wagering monitoring system if reasonably required to do so by the commission;

        (h)     the licensed wagering operator must notify the commission, within 14 days after the day any of the following occurs:

              (i)     a person or entity stops having a controlling interest in the operator's business;

              (ii)     a person or entity starts having a controlling interest in the operator's business;

              (iii)     a prosecution or disciplinary action is started under racing, gaming or wagering legislation or a rule of racing or betting (in the ACT or elsewhere) against—

    (A)     the operator; or

    (B)     a person or entity with a controlling interest in the operator; or

    (C)     an employee of the operator;

              (iv)     a significant change in the financial circumstances of the operator.

Example of significant change in financial circumstances—par (h) (iv)

1     insolvency

2     a change in the assessable turnover of the operator that is likely to affect whether the operator is liable to pay the race field information charge