and
South Australian Betting Operations Rules &
On-Course Betting Operations Rules
2020: Release [22]
PART A - BETTING OPERATIONS RULES
1. GENERAL
1.1 Citation
1.2 Interpretation
1.3 Commencement
2. APPLICATION OF QUEENSLAND WAGERING RULE IN SOUTH AUSTRALIA
2.1 Incorporation of Queensland Wagering Rule
2.2 References
2.3 Definitions
3. AMOUNT TO BE PAID AS DIVIDEND
3.1 Dividends
3.2 Definition of "B" and "C"
3.3 Fractions
3.4 Retention of Fractions
4. CLAIM FOR PAYMENT OF DIVIDEND
4.1 Claim for Dividend within 1 year
4.2. Procedure for Claiming Dividend
4.3 Unclaimed Dividends
5. COMMISSION
6. PRIVACY
PART B - ON-COURSE BETTING OPERATIONS RULES
8. GENERAL
8.1 Citation
8.2 Interpretation
9. APPLICATION OF QUEENSLAND WAGERING RULE IN SOUTH AUSTRALIA
9.1 Incorporation of Queensland Wagering Rule
9.2 References
9.3 Definitions
10. AMOUNT TO BE PAID AS DIVIDEND
10.1 Dividends
10.2 Definition of "B" and "C".
10.3 Fractions
10.4 Retention of Fractions
11. CLAIM FOR PAYMENT OF DIVIDEND
12. COMMISSION
14. RULES SUPERSEDED
South Australian Betting Operations Rules & On-Course Betting Operations Rules 2016: Release 21
Part A below establishes the rules that govern the betting operations of SA TAB Pty Ltd ACN 097 719 107, being the holder of the major betting operations licence under the Authorised Betting Operations Act 2000 (the "Act") as in force from time to time. Part B below establishes the rules that govern the betting operations of Thoroughbred Racing S.A. Ltd, Harness Racing SA Ltd and Greyhound Racing SA Ltd being the holders of on-course totalisator betting licences under the Act. Part A and Part B of these Rules have been approved by the Liquor and Gambling Commissioner of South Australia.
The rules established under this Part A may be cited as the "Betting Operations Rules".
In these Betting Operations Rules, unless the contrary intention appears, "Queensland Wagering Rule " means:
(a) the Wagering Rule 2010 of the State of Queensland as in force on 7 July 2020 except for sections 1, 2, 15(2), 27(2), 38, 75(3)(a), 78, 82, 101, 216(2), 227(2), 237, 273(3)(a), 276 and 299 of the Wagering Rule 2010 or a section of the Wagering Rule 2010 (if any) as in force from time to time after the commencement of these Betting Operations Rules that re-enacts, whether with or without modification, one or more of those sections; and
(b) sections 15A and 15C to 15Y (inclusive) of the Wagering Regulation 1999 of the State of Queensland as in force.
These Betting Operations Rules commence operation on 7 July 2020.
The Queensland Wagering Rule is incorporated as part of these Betting Operations Rules and, subject to section 2.2 applies as part of these Betting Operations Rules.
The Queensland Wagering Rule applies and has force in South Australia as it would if:
(a) an expression defined in the Act and used in the Queensland Wagering Rule were to have the same meaning as in the Act;
(c) a reference in it to an "event, sporting event or contingency" were a reference to an "approved contingency" (which expression shall be deemed to include races conducted within South Australia by licensed racing clubs);
(d) a reference in it to an "investor'' were a reference to a person who makes a bet;
(e) a reference in it to an "authority operator" or "licence operator'' were a reference to the licensee holding the major betting operations licence;
(f) a reference in it to "approved wagering" were a reference to wagering conducted upon an approved contingency;
(g) a reference in it to "event" were a reference to"approved contingency";
(h) a reference in it to a "race wagering licence", "sports wagering licence" or
"wagering licence" were a reference to the major betting operations licence;
(i) a reference in it to "race wagering" and "sports wagering" were a reference to any form of betting permitted under the major betting operations licence; and
(j) a reference in it to "wagering agent" were a reference to a person appointed under an agreement with the Licensee as agent for the acceptance of wagers on behalf of the Licensee.
2.2A For the avoidance of doubt, the totalisator betting product distributed under the name or style "exacta" is a reference to the contingency approved as "forecast" by the Independent Gambling Authority pursuant to section 4 of the Act and contained in Division 11 of Part 8 and Division 10 of Part 14 of the Wagering Rule 2010 (Qld) or a section of the Wagering Rule 2010 (if any) as in force from time to time after the commencement of these Betting Operations Rules that re-enacts, whether with or without modification, one or more of those sections (forecast totalisator).
2.2 B For the avoidance of doubt, the totalisator betting product distributed under the name or style "quaddie" is a reference to the contingency approved as "fourtrella" by the Independent Gambling Authority pursuant to section 4 of the Act and contained in Division 6 of Part 8 and Division 6 of Part 14 of the Wagering Rule 2010 (Qld) or a section of the Wagering Rule 2010 (if any) as in force from time to time after the commencement of these Betting Operations Rules that re-enacts, whether with or without modification, one or more of those sections (quaddie totalisator).
Unless the context requires otherwise and except as is provided in section 2.2, in these Betting Operations Rules:
"Licensee" means the person holding the major betting operations licence.
"pick the margins totalisator pool" means the total of all investments made on the totalisator for that type of investment, less:
(a) any amount deducted as commission; and
(b) the amount of any investments refunded.
"pick the result totalisator pool" means the total of all investments made on the totalisator for that type of investment, less:
(a) any amount deducted as commission; and
(b) the amount of any investments refunded.
"pick the score totallsator pool" means the total of all investments made on the totalisator for that type of investment, less:
(a) any amount deducted as commission; and
(b) the amount of any investments refunded.
"pick the winners totallsator pool" means the total of all investments made on the totalisator for that type of investment, less:
(b) the amount of any investments refunded.
"totalisator" means a system used:
(a) to enable persons to invest money on approved contingencies with a view to successfully predicting specified outcomes of the approved contingencies; and
(b) to enable the totalisator pool to be divided and distributed among the persons who successfully predict the outcomes, and includes an instrument, machine or device under which such a system is operated.
"wagering" means:
(a) betting conducted by means of a totalisator;
(b) betting conducted on a fixed odds basis (other than on races within Australia on which licenced bookmakers are authorised to conduct betting);
(c) other betting prescribed under regulation, and "wager'' has a corresponding meaning.
Other terms defined in the Queensland Wagering Rule have the meaning there ascribed.
The total amount that under these Betting Operations Rules is to be paid out by the Licensee as dividends with respect to totalisator betting is the amount that equals B - C.
In section 3.1:
"B" means the total amount of bets made with respect to a particular totalisator less the amount of the bets that are refunded;
"C" means the commission deducted in relation to those bets.
For the avoidance of doubt the total amount of bets made may include bets pooled with the Licensee by third parties approved by the Authority and may include the bets in a pool conducted by a third party approved by the Authority with which the bets accepted by the Licensee are pooled.
In calculating a dividend:
(a) a fraction of 10¢ less than 5¢ is to be disregarded; and
(b) a fraction of 10¢ equal to or greater than 5¢ is to be taken to be 5¢.
An amount that, apart from section 3.3, would be required to be included in a dividend may be retained by the Licensee.
A claim for the payment of a dividend on a bet is to be made within 1 year after the race, sport, event or activity to which the dividend relates occurred.
A claim for the payment of a dividend is to be made by giving to the Licensee, Licensee's agent or employee of the Licensee or agent the ticket in respect of the bet on which the dividend is to be paid.
If the payment of a dividend is not claimed within the period of 1 year referred to in section 4.1, the amount of the dividend may be retained by the Licensee with whom the bet was made.
The Licensee may, in respect of each totalisator conducted by the Licensee, deduct as commission the amount that is not more than 25% of the total amount of each totalisator pool excluding the amount of bets that are refunded.
If the recognised body responsible for an event on which the Licensee conducts wagering (Governing Body) requests the disclosure of information regarding account holders or transactions relating to betting on an event conducted by the Governing Body, the Licensee may disclose such information.
These Betting Operations Rules supersede the rules in force under the Act immediately before 7 July 2020.
The rules established under this Part B may be cited as the"On-Course Betting Operations Rules".
In these On-Course Betting Operations Rules, unless the contrary intention appears, "Queensland Wagering Rule" means:
(a) the Wagering Rule 2010 of the State of Queensland as in force on 7 July 2020 except for sections 1, 2, 6, 7, 12, 13, 15(2), 20, 21, 22, 23, 24, 26, 27(2), 29, 33, 34, 35, 37, 38, 39, 41 to 46 (inclusive), 54(1)(b), 54(1)(c), 55(1)(b), 55(1)(c), 56(1)(c), 59(3) to 59(5), 60 to 72, 74, 75(3)(a), 78, 79, 80, 82 to 98 (inclusive), 101, 213, 214, 216(2), 221, 222, 223, 224, 225, 226, 227(2), 229, 233, 234, 235, 236, 240 to 245 (inclusive), 253(1)(b), 253(1)(c), 254(1)(b), 254(1)(c), 255(1)(c), 258(3) to 258(5), 259 to 272, 273(3)(a), 276, 277, 278, 280 to 296 (inclusive) and 299 of the Wagering Rule 2010 or a section of the Wagering Rule 2010 (if any) as in force from time to time after the commencement of these On-Course Betting Operations Rules that re-enacts, whether with or without modification, one or more of those sections; and
(b) sections 15C to 15Y (inclusive) of the Wagering Regulation 1999 of the State of Queensland as in force on 7 July 2020.
For the avoidance of doubt any rule that makes reference to "fixed odds" must be read subject to section 34(1)(a) of the Act.
These On-Course Betting Operations Rules commence operation on 7 July 2020.
9.1 Incorporation of Queensland Wagering Rule
9.2 References
The Queensland Wagering Rule applies and has force in South Australia as it would if:
(a) an expression defined in the Act and used in the Queensland Wagering Rule were to have the same meaning as in the Act;
(b) a reference in it to the "chief executive" were a reference to the "Commissioner" except that in section 150(2) of the Wagering Regulation 1999 where the reference to "chief executive" is to be read as a reference to the " Treasurer of South Australia";
(c) a reference to a "contingency" were a reference to an "approved contingency" (which expression shall be deemed to include races conducted within South Australia by licensed racing clubs);
(d) a reference in it to an "investor" were a reference to a person who makes a bet;
(e) a reference in it to an "authority operator" or "licence operator" were a reference to the On-Course Licensee holding an on-course totalisator betting licence;
(f) a reference in it to "approved wagering" were a reference to wagering conducted upon an approved contingency;
(g) a reference in it to "event" were a reference to "approved contingency";
(h) a reference in it to a"race wagering licence", or "wagering licence" were a reference to an on-course totalisator betting licence; and
(i) a reference in it to "race wagering" and "sports wagering" were a reference to any form of betting permitted under the on-course totalisator betting licence.
9.2A For the avoidance of doubt, the totalisator betting product distributed under the name or style "exacta" is a reference to the contingency approved as "forecast" by the Independent Gambling Authority pursuant to section 4 of the Act and contained in Division 11 of Part 8 and Division 10 of Part 14 of the Wagering Rule 2010 (Qld) or a section of the Wagering Rule 2010 (if any) as in force from time to time after the commencement of these Betting Operations Rules that re-enacts, whether with or without modification, one or more of those sections (forecast totalisator).
9.2 B For the avoidance of doubt, the totalisator betting product distributed under the name or style "quaddie" is a reference to the contingency approved as "fourtrella" by the Independent Gambling Authority pursuant to section 4 of the Act and contained in Division 6 of Part 8 and Division 6 of Part 14 of the Wagering Rule 2010 (Qld) or a section of the Wagering Rule 2010 (if any) as in force from time to time after the commencement of these Betting Operations Rules that re-enacts, whether with or without modification, one or more of those sections (quaddie totalisator).
9.3 Definitions
Unless the context requires otherwise and except as is provided in section 9.2, in these On Course Betting Operations Rules:
"On-Course Licensee" means Thoroughbred Racing S.A. Ltd, Harness Racing SA Ltd or Greyhound Racing SA Ltd, as applicable, each being the holder of an on-course totalisator betting licence under the Act.
"totalisator" means a system used:
(a) to enable persons to invest money on approved contingencies with a view to successfully predicting specified outcomes of the approved contingencies; and
(b) to enable the totalisator pool to be divided and distributed among the persons who successfully predict the outcomes, and includes an instrument, machine or device under which such a system is operated.
"wagering" means betting conducted by means of a totalisator and "wager" has a corresponding meaning.
10.1 Dividends
The total amount that under these On-Course Betting Operations Rules is to be paid out by the On-Course Licensee as dividends with respect to totalisator betting is the amount that equals B - C.
10.2 Definition of "B" and "C"
In section 10.1:
"B" means the total amount of bets made with respect to a particular totalisator less the amount of the bets that are refunded;
"C" means the commission deducted in relation to those bets.
For the avoidance of doubt the total amount of bets made may include the bets in a pool conducted by the holder of the major betting operations licence with which the bets accepted by the On-Course Licensee are pooled.
10.3 Fractions
In calculating a dividend:
(a) a fraction of 10¢ less than 5¢ is to be disregarded; and
(b) a fraction of 10¢ equal to or greater than 5¢ is to be taken to be 5¢.
10.4 Retention of Fractions
An amount that, apart from section 9.3, would be required to be included in a dividend may be retained by the On-Course Licensee.
The On-Course Licensee will not, after the expiration of the period of 1 year commencing on the day on which a race is held, be liable to pay any dividend on a totalisator bet made with it in respect of that race.
The On-Course Licensee may, in respect of each totalisator conducted by the On-Course Licensee, deduct as commission the amount that is not more than 25% of the total amount of each totalisator pool excluding the amount of bets that are refunded.
Section 15 of the Wagering Rule 2010 (Qld) as in force from time to time after the commencement of these Betting Operations Rules that re-enacts, whether with or without modification, one or more of those sections, shall apply only if the bet is made within a racecourse.
These On-Course Betting Operations Rules supersede the rules in force under the Act immediately before 7 July 2020.