TABLE OF CONTENTS

 

 

1.         INTERPRETATION

 

2.         EFFECTIVE DATE, PURPOSE AND APPLICATION OF RULES

 

3.         GENERAL CONDITIONS RELATING TO TRANSACTIONS AT OR THROUGH WAGERING OFFICES

 

4.         CLOSING TIME FOR NVESTMENTS

 

5.         PLACING OF INVESTMENTS

 

6.         CREDITING AND PAYMENT OF DIVIDENDS AND RETURNS AND CLAIMS PROCEDURES

 

7.         CANCELLATION OF INVESTMENTS

 

8.         NO-GAME, CANCELLED, POSTPONED OR ABANDONED GAMES

 

9.         MALFUNCTIONS

 

1.         INTERPRETATION

 

1.1       Definitions

In these rules, if not otherwise inconsistent with the context:
 

"Act"	means the Gambling Regulation Act 2003 (Victoria), and regulations made thereunder, as the same may be amended from time to time, and any successor legislation and regulations which may be made from time to time for the regulation of Totalisator operations in Victoria.
“Advertising Starting Time”	means the starting time of a Game as advised and or displayed by the Betting Operator.
“Betting Account”	means a facility, accessible through the Betting Operator’s website or TAB App, that allows an identified Investor to establish a Credit Balance to be used for betting purposes by an Investor to make an Investment, the crediting of winnings and which allows deposits and withdrawals by the Investor.
“Betting Account Funds”	means funds deposited into an Investor’s Betting Account.
“Betting Operator”	means the operator of the wagering and betting licence pursuant to the Act.
“Betting Voucher”	means a betting voucher issued by the Betting Operator.
“Bet”	means an investment of a full unit on a combination or number of combinations within one game or multiple games.
“Bet types”	means the types of Investment more particularly described in Rule 3.8.
“Cash Outlet”	means any office at which the Betting Operator receives investments direct from the public via any method listed in Rule 5.2.1.
“Competitor”	means any person, team, animal or object that is a competitor in any Game upon which the Betting Operator is accepting Investments and includes a contestant.
"Credit Balance"	means the monetary value attributed to a Betting Account from time to time comprising the amount deposited to a Betting Account together with the value of all monetary winnings and deposits credited to the Betting Account less the value of all bets and withdrawals debited to the Betting Account.
“Electronic Funds Transfer”	means any debit payment system: designated by the Reserve Bank of Australia under Part 3 of the Payment Systems (Regulation) Act 1998or equivalent legislation; and approved by the Minister.
“Flexi bet”	means an Exacta, Quinella, Trifecta, First4 or Bundle bet where the amount of the investment on each bet may be in fractions of whole dollars or cents.
“Game”	means a race, match, game, round, fight, exercise, sport or sporting competition or any part or parts thereof or contingency nominated by the Betting Operator and approved by the Minister as being available for selection.
“Game Outcome”	means the result of a Game as determined by the Random Number Generator.
“Gaming Machine”	has the same meaning as in the Gaming Regulation Act 2003 (Vic) but excludes Self Service Terminals and Keno gaming equipment.
“Investment”	means an amount of money which has been bet or wagered in respect of any Game.
“Investor”	means any person conducting or attempting to conduct a Transaction at or through a Wagering Office.
“List Number”	means the number given to a Selection by the Betting Operator.
“Minister”	means the Minister for the time being responsible for the administration of the Act.
“Multi bet”	means a bet as set out in Rule 3.6 that combines Selections from different Games into one Bet where the Return is calculated by multiplying the prices of each Selection together.
“No Game”	means a Game in which no winners or placings are declared.
"Proof of Physical Presence"	means the use by a customer of an approved device to confirm the customer is using the TAB App while located within a Cash Outlet.
“Random Number Generator”	means that component of the computer system for Trackside which determines the Game Outcome.
“Refund”	“means the amount of an Investment made that is repayable to an Investor (whether wholly or partly) in accordance with these Rules.
“Return”	means the amount declared to be payable in respect of any Game and includes the unit of investment. All “returns” will be displayed for the full $1 unit.
“Selection”	means any person, team, animal or object or combination thereof nominated by the Betting Operator and available for an Investor to carry an Investment.
"Self-Service Terminal"	means a terminal supplied by the Betting Operator for the purpose of allowing Investors to make Investments on events and without limiting the generality thereof includes any licensed computer program or mechanical, electronic or other form of device, contrivance or machine which upon insertion of a PIN, password, account card, card or the like enables the Investor to make Investments
“TAB App”	means the smart phone application made available by the Betting Operator to customers.
“Trackside”	means the fixed odds approved betting competition known as “Trackside” (previously “Tabrace”) approved by the Minister pursuant to Section 64 of the Act.
“Ticket”	means the printed ticket issued to an Investor by the Betting Operator.
“Transaction”	includes “bet”, “flexi-bet”, Multi bet”, “wager”, “investment” and “refund”.
“Wagering Office”	means any premises operated and/or occupied by or on behalf of the Betting Operator pursuant to the provisions of the Act.

.


1.2       Where the context permits, the singular includes the plural, references to gender or the neuter includes both genders and the neuter and references to persons are to natural persons.

1.3       These Rules shall be governed and construed in accordance with the laws of the State of Victoria, Australia.
 

 

 

2.         EFFECTIVE DATE, PURPOSE AND APPLICATION OF RULES

 

 

2.1       These Rules are made on 11 August 2024 and come into operation on 16 August 2024.

 

2.2       The purpose of these Rules is to establish the conditions under which Trackside Transactions will be conducted at or through Wagering Offices and for matters incidental to the operation of the Act.

 

2.3       A copy of these Rules shall be exhibited in each Cash Outlet in a position readily accessible to the public.

 

2.4       These rules shall apply to all Trackside Transactions conducted at or through a Wagering Office.

 

3.         GENERAL CONDITIONS RELATING TO TRANSACTIONS AT OR THROUGH WAGERING OFFICES

 

3.1       APPLICATION OF THE GAMBLING REGULATION ACT 2003

Any Investor, or any person being on any premises at which the Betting Operator accepts Investments, shall be deemed to accept and be bound by the relevant provisions of the Act, copies of which shall be available at the Head Office of the Betting Operator on demand.
 

3.2       PERSONS PROHIBITED FROM INVESTING

 

3.2.1    Investments made by or on behalf of persons under the age of eighteen (18) years will not be accepted.

 

3.2.2    Returns or Refunds will not be paid or made to persons under the age of eighteen (18) years.3.2.3    Betting Vouchers may not be redeemed or purchased by persons under the age of eighteen (18) years.

 

3.2.4    No person who is prohibited under or by virtue of the Rules of Racing from entering upon the premises of any racecourse shall enter upon the premises of a Wagering Office or invest, or through an agent invest, at or through a Wagering Office.

 

3.2.5    The Betting Operator may refuse to accept an Investment from any person who in the sole opinion of the Betting Operator is unruly, offensive, drunk or drugged, disorderly or acting to the detriment of the Betting Operator, its customers or its operations.

 

3.3       ACCEPTANCE, REJECTION AND LIMITATION OF INVESTMENTS

 

3.3.1    Investments at or through any Wagering Office will be accepted only for such Games as the Betting Operator shall from time to time direct.

 

3.3.2    The Betting Operator or the person in charge at any Wagering Office shall be entitled to reject part or all of any Investment at any time and without giving any reason.

 

3.3.3    The Betting Operator or the person in charge at any Wagering Office shall be entitled to decline to cancel part or all of any Investment at any time and without giving any reason.

 

3.3.4    The Betting Operator or the person in charge at any Wagering Office shall be entitled to reject part or all of any Investment at any time if the Betting Operator’s maximum payout liability for Investments of that Bet Type on a particular Game is exceeded by that Investment.

 

3.4       INVESTMENT AND LIABILITY LIMITS

 

3.4.1    The base unit for all types of Investment shall be as determined by the Betting Operator from time to time.

 

3.4.2    The minimum Investment for all Bet Types shall be as determined by the Betting Operator from time to time and may vary as between Bet Types.

 

3.4.3    The maximum Investment and liability limit for all Bet Types and Selections shall be as determined by the Betting Operator from time to time and may vary between Bet Types.

 

3.4.4    The maximum Return for all Bet Types shall be as determined by the Betting Operator from time to time and may vary as between Bet Types.

 

 

3.3       ACCEPTANCE, REJECTION AND LIMITATION OF INVESTMENTS

 

3.3.1    Investments at or through any Wagering Office will be accepted only for such Games as the Betting Operator shall from time to time direct.

 

3.3.2    The Betting Operator or the person in charge at any Wagering Office shall be entitled to reject part or all of any Investment at any time and without giving any reason.

 

3.3.3    The Betting Operator or the person in charge at any Wagering Office shall be entitled to decline to cancel part or all of any Investment at any time and without giving any reason.

 

3.3.4    The Betting Operator or the person in charge at any Wagering Office shall be entitled to reject part or all of any Investment at any time if the Betting Operator’s maximum payout liability for Investments of that Bet Type on a particular Game is exceeded by that Investment.

 

3.4       INVESTMENT AND LIABILITY LIMITS

 

3.4.1    The base unit for all types of Investment shall be as determined by the Betting Operator from time to time.

 

3.4.2    The minimum Investment for all Bet Types shall be as determined by the Betting Operator from time to time and may vary as between Bet Types.

 

3.4.3    The maximum Investment and liability limit for all Bet Types and Selections shall be as determined by the Betting Operator from time to time and may vary between Bet Types.

 

3.4.4    The maximum Return for all Bet Types shall be as determined by the Betting Operator from time to time and may vary as between Bet Types.

 

 

3.3       ACCEPTANCE, REJECTION AND LIMITATION OF INVESTMENTS

 

3.3.1    Investments at or through any Wagering Office will be accepted only for such Games as the Betting Operator shall from time to time direct.

 

3.3.2    The Betting Operator or the person in charge at any Wagering Office shall be entitled to reject part or all of any Investment at any time and without giving any reason.

 

3.3.3    The Betting Operator or the person in charge at any Wagering Office shall be entitled to decline to cancel part or all of any Investment at any time and without giving any reason.

 

3.3.4    The Betting Operator or the person in charge at any Wagering Office shall be entitled to reject part or all of any Investment at any time if the Betting Operator’s maximum payout liability for Investments of that Bet Type on a particular Game is exceeded by that Investment.

 

3.4       INVESTMENT AND LIABILITY LIMITS

 

3.4.1    The base unit for all types of Investment shall be as determined by the Betting Operator from time to time.

 

3.4.2    The minimum Investment for all Bet Types shall be as determined by the Betting Operator from time to time and may vary as between Bet Types.

 

3.4.3    The maximum Investment and liability limit for all Bet Types and Selections shall be as determined by the Betting Operator from time to time and may vary between Bet Types.

 

3.4.4    The maximum Return for all Bet Types shall be as determined by the Betting Operator from time to time and may vary as between Bet Types.

 

 

3.5       FLEXI BETS

 

3.5.1    In the case of a Flexi Bet, the minimum amount that may be invested on a Game in a single bet is the greater of:

 

1. 1 cent for each combination covered by the bet; or

 

2. an amount determined by the Betting Operator.

 

3.5.2    Flexi Bets are available on an Exacta, Quinella, Trifecta, First 4 and Bundle.

 

3.5.3    The amount invested on each combination covered by a Flexi Bet is determined by dividing the total amount of the Flexi Bet by the number of combinations covered by the Flexi Bet.

 

3.6       MULTI BETS

 

3.6.1    In the case of a Multi bet, the minimum amount that may be purchased is an amount determined by the Betting Operator.

 

3.6.2    Multi bets are available on a Win, Place and Bundle.

 

3.6.3    A Multi bet can be made up of a number of Games each referred to as a ‘leg’ with one Selection required for each leg. The minimum and maximum number of legs is as determined by the Betting Operator from time to time.

 

3.6.4    The Return is calculated by multiplying the prices of each Selection in the Multi bet together.

 

3.6.5    If any leg(s) of a Multi bet are a No Game, that leg is deemed void and the Return will be recalculated based upon the prices of the remaining live legs as at the time the bet was placed. If all legs of a Multi bet are a No Game, the entire bet will be refunded.

 

 

3.7       RETURNS

 

3.7.1    The Returns calculated and declared on the Betting Operator’s computer system and notified to Investors shall be for an Investment of one (1) dollar where a full unit has been invested on a bet or as a percentage of a full unit for “flexi bets”.

 

3.7.2    The Returns for each Competitor may be altered at any time by the Betting Operator providing that no active Tickets with unplayed games have been issued.

 

3.8       BET TYPES

 

3.8.1    “Win” is an Investment on a Game on the chance that a Selection will fill first place in that Game as determined by the Game Outcome.

 

3.8.2    “Place Bet” is an Investment on a Game which requires the Selection to finish in the first three places as determined by the Game Outcome.

 

3.8.3    “Win/Place” is an Investment on a Game of an equal amount or variable amounts on both Win and Place.

 

3.8.4    “Exacta” is an Investment on a Game on the chance that a combination of two Selections will fill first and second places in order in that Game as determined by the Game Outcome.

 

3.8.5    “Quinella” is an Investment on a Game on the chance that a combination of two Selections shall fill first and second places (irrespective of order) in that Game as determined by the Game Outcome.

 

3.8.6    “Trifecta” is an Investment on a Game on the chance that a combination of three Selections shall fill first, second and third places in order in that Game as determined by the Game Outcome.

 

3.8.7    “First4” is an Investment on a Game on the chance that a combination of four Selections shall fill first, second, third and fourth places in order in that Game as determined by the Game Outcome.

 

3.8.8    “Bundle” is an Investment where multiple Selections in a Game are selected to Win or any other option as determined by the Betting Operator from time to time.   The minimum and maximum number of Selections shall be as determined by the Betting Operator from time to time. The price offered is a calculation based on the prices of the Selections chosen.

 

3.9       LIMITATION OF BETTING OPERATOR’S LIABILITY

The Betting Operator shall in no circumstances be liable for any loss or damage suffered or alleged to have been suffered by an Investor as a result of or arising out of or as a consequence of any of the following:-
 

1. The refusal of admission to the Betting Operator’s premises for whatever reason including but not limited to the publication whether verbally or otherwise of such reason by the Betting Operator.

 

2. An Investor’s removal for whatever reason from the Betting Operator’s premises whether or not such removal is made by the Betting Operator or the police or any other person, body, institution or corporation.

 

3. Except in the case of negligence by the Betting Operator, any personal injury suffered by an Investor as a result of having been on the Betting Operator’s premises.

 

4. Failure by the Investor to rectify inaccurate or omitted Investment details when such details are issued on a Ticket.

 

5. Alleged inaccurate or omitted Investment details where the Investor is incoherent or offensive.

 

6. Delivery of cheques or any transfer made to the bank account of an Investor.

 

7. Early or late closure of sales caused by any reason whatsoever.

 

8. Any systems, communication or equipment malfunction which malfunction is beyond the reasonable control of the Betting Operator.

 

1. The disclosure of an Investor’s Transaction details or the accuracy thereof where that disclosure is made by the Betting Operator under the Act or any law.

 

10. Reliance upon any inaccurate statement made by the Betting Operator in respect of any matter relating to the Investor or to the Betting Operator or to any Selections except where that inaccuracy is due to the negligence of the Betting Operator and the Betting Operator has not taken reasonable steps to correct that inaccuracy.

 

11. Reliance upon any inaccurate statement made by a person other than the Betting Operator in respect of any matter relating to the Investor or to the Betting Operator or to any selections.

 

4.         CLOSING TIME FOR INVESTMENTS

 

4.1       Subject to Rule 4.2, the close of sales for Investments on a Game is the start of the Game.

 

4.2       The Betting Operator may at its option close selling on a Game before the start of the Game or at, before or after the Advertised Starting Time of the Game and without limiting the generality of the foregoing may do so in cases of systems, communication or equipment malfunction or where the Game starts on a day or at a time on which the Betting Operator is not accepting Investments.

 

4.3       The Betting Operator may at its option re-open selling on a Game which it has previously closed in accordance with Rule 4.2.

 

4.4       Any Investments accepted by the Betting Operator after the start of a Game will be placed on the next or next selected Game or if the Investment is on more than one (1) Game, placed on the number of consecutive Games nominated by the Investor commencing with the next or next selected available Games.

 

4.5       It is the responsibility of an Investor to allow sufficient time for Investment before the close of sales on a Game.

 

5.         PLACING OF INVESTMENTS

 

5.1       GENERAL CONDITIONS

 

5.1.1    Subject to Rule 4, Investments may be made during such times and for such Games as the Betting Operator may from time to time direct.

 

5.1.2    The Investor shall supply such information as may be required to identify clearly the Investment to be made on the Game concerned.

 

5.1.3    Investments will be accepted in the manner set out in this Rule 5 in Cash Outlets.

 

5.2       CASH OUTLET INVESTMENTS

 

5.2.1    In Cash Outlets, only Betting Vouchers, bank notes, coins, Electronic Funds Transfer (subject to Rule 5.2.7) or Betting Account Funds will be accepted as payment for Investments.  The use of Betting Account Funds may only occur via the App subject to Proof of Physical Presence or via a Self-Service Terminal or manned operator terminal in a Cash Outlet.

 

5.2.2    Before an Investment can be accepted the Investor must indicate clearly the Game, Selection, Bet Type, the amount of the Investment or total spend and such other information as may be required by the Betting Operator.

 

5.2.3    The Betting Operator shall provide the Investor with confirmation of the Investment by the issue of a Ticket bearing the Investment details.  This investment information for “flexi bets” will include the percentage invested per combination, the number of combinations per game, the number of games played and the total cost of the ticket. For non flexi “bets” the investment information will also include the potential Return per game.

 

5.2.4    A Ticket for a single Game and for a single bet will display the potential Return for that Investment.

 

5.2.5    Subject to the provisions of Rule 7.1, the Investor shall be deemed to accept the Investment confirmed to him unless the Investor corrects any error or omission immediately after the issue of the Ticket.

 

5.2.6    In Cash Outlets, the following restrictions will apply to Investments paid for by Electronic Funds Transfer:

 

1. where the Investment is made using a Self Service Terminal the maximum stake per Investment is $100;
2. where the Investment is made using a manned operator terminal the maximum stake per Investment is $200; and
3. Investors may only invest a maximum of $200 per day using the same debit card.

 

 

1. for Cash Outlets that contain Gaming Machines, within a period of twelve (12) hours from the time of Betting Voucher creation; or

 

2. for Cash Outlets that do not contain Gaming Machines, within a period of twelve (12) hours from the time of Betting Voucher creation or with the provision of valid personal identification.

 

5.3       FORWARD GAMES

 

5.3.1 The Investor may, at the discretion of the Betting Operator, make an Investment in Trackside Games scheduled to occur after the next immediately scheduled Trackside Game (“Forward Games”) provided such Investment is in respect of games which are sequential and commencing with any of the next available Games.

 

5.3.2 Subject to the provisions in Rule 7, a Ticket with forward games may not be cancelled after commencement of the first Game on that Ticket.

 

5.3.3 A Refund may be obtained for forward games unplayed on a Ticket.  All dividends won on Games already played will be paid, along with a Refund of the Investment value of any Games not yet commenced.

 

6.         CREDITING AND PAYMENT OF DIVIDENDS AND RETURNS AND CLAIMS PROCEDURES

 

6.1       GENERAL

 

6.1.1    Subject to these Rules any Returns won by or Refund made to an Investor shall be paid to that Investor in the Betting Operator’s sole discretion either:

1. in cash,
2. by cheque,
3.  Betting Voucher
4. or by the crediting of the value of the Returns or Refund to the Investor’s Betting Account or
5. by the crediting of the value of the Returns or Refund to an Investor’s bank account via EFT.

 

6.1.2    The Betting Operator shall not be obliged to make payment of any Returns or Refund until an Investor has provided any documentation and information as the Betting Operator may reasonably require.

 

6.1.3    The Betting Operator will use it best reasonable endeavours to ensure that Returns will be available for payment or crediting immediately after the result of a Game is known.

 

6.1.4    Notwithstanding Rule 6.1.3, if the Betting Operator’s offices are not open at the time Returns or Refund is determined or if unforeseen circumstances arise, determination of the Returns and/or payout may be delayed at the sole option of the Betting Operator.

 

6.1.5    Any Returns or Refund miscalculated by the Betting Operator shall be void and the incorrect amount of the Returns or Refund shall be treated as a debt owed by or credit due to the Investor, as the case may be.

 

6.2       CREDITING AND PAYMENT OF RETURNS AND REFUNDS, CLAIMS PROCEDURE

 

6.2.1    The following provisions apply to the payment of Returns and Refunds in Cash Outlets:

 

6.2.1.1             The appropriate Ticket must be presented when collecting any Returns or Refund due in respect of an Investment.  In the event that the Ticket represents Investments on one (1) or more undecided Games, those Investments may be refunded.

 

6.2.1.2             Returns may only be collected for a period of not less than twelve (12) weeks after the Game is decided.

Claims
 

6.2.1.3             Returns may be claimed after the time referred to in Rule 6.2.1.2 by submitting a claim to the Betting Operator’s Head Office.

 

6.2.1.4             Notwithstanding Rule 6.2.1.2 and 6.2.1.3, any Returns and Refunds which are not claimed shall be dealt with in accordance with the Act.

 

6.2.1.5             Claims for lost, destroyed or mutilated tickets can be made for a period of fourteen (14) days after the Game for which the ticket was issued is decided.

 

6.2.1.6             The Betting Operator may charge a fee on all claims referred to in Rule 6.2.1.5 and a statutory declaration attesting to the circumstances of the claim must accompany each such claim.

 

6.2.1.7             Payment of successful claims approved by the Betting Operator will not be made until the expiration of twelve (12) weeks from the date the Game was decided.

 

6.2.1.8             The amount to be paid upon successful claims approved by the Betting Operator shall be calculated by reference to the Returns declared.

 

6.2.1.9             Such amounts as are paid to the claimant pursuant to Rule 6.3   shall exclude any refund or credit given to the claimant in respect of the claimant’s Investment under any other provision of these Rules.

 

6.3       LOSSES

Where an Investor contends that a loss has been suffered in connection with any Transaction, the Betting Operator may, if it considers appropriate, enquire into the circumstances of that Transaction and make such ex gratia payment as it may in its absolute discretion determine.

 

7.         CANCELLATION OF INVESTMENTS

 

7.1 Subject to the exception set out in Rules 3.3.3 and 7.2, an Investor may cancel an Investment and obtain a Refund of that Investment at any time prior to the commencement of the Game concerned or such other time determined by the Betting Operator.

 

7.2 In the event that an Investor wishes to cancel an Investment on one (1) or more undecided Games on the same Ticket after the first Game on that Ticket has been decided, the Investor may cancel undecided Investments and obtain a Refund of those Investments at any time after the result of any prior Game represented on the Ticket is known and prior to the commencement of the last Game represented on the Ticket or such other time determined by the Betting Operator.

 
 

8.         NO-GAME, CANCELLED, POSTPONED OR ABANDONED GAMES

If a Game has been cancelled, abandoned or postponed to a later date or declared to be a ‘no-game’ and not subsequently re-run, all Investments made in connection with that Game shall be refunded.
 
 

9.         MALFUNCTIONS

 

9.1  In the event of a malfunction of the computer software or hardware subsequent to the opening of sales on a Game all Investments on that Game will be held by the Betting Operator until the malfunction is rectified except as provided in Rules 9.2 and 9.3.

 

9.2 Where a malfunction of the type referred to in Rule 9.1 has not been rectified prior to the scheduled commencement of the Game immediately following the Game in respect of which there has been a malfunction, the Game shall be declared void and subject to Rule 3.6.5, all Investments made in connection with that Game shall be refunded.

 

9.3  Where the placed Competitors in a Game have been selected by the Random Number Generator, but cannot be fully transferred to the main computer, or cannot be broadcast via the monitors, the placed Competitors selected by the Random Number Generator will constitute the result of the Game.

 

9.4 Where a malfunction of the type referred to in Rule 9.1 occurs such that the results of a Game as displayed are amended by the Betting Operator after Returns declaration and commencement of payment, then the amended Returns will stand and no other Investors will be entitled to Returns.

 

9.5  In the event of any inconsistency between either one or more of the game display, photo finish sequence and the result, the Game Outcome shall be the result as displayed.