South Australia
Authorised Betting Operations Regulations 2001
under the Authorised Betting Operations Act 2000

Contents
1	Short title
3	Interpretation
3A	Meaning of fixed-odds betting
4	Trade Practices Act authorisations
5	Prescribed races for classes of licence under Part 3
6	Renewal of licences under Part 3
7	Liability of licensed racing club to pay duty
8	Refunds of GST to licensed racing clubs
9	Unclaimed dividends on bets made with licensed racing club
10	Liability of licensed bookmaker to pay duty
11	Transitional arrangements for refunds of GST to bookmakers
12	Unclaimed winnings on bets made with licensed bookmaker
12A	Contributions payable under section 62E or 62G of Act
13	Fees and default penalties
Schedule 1—Fees and default penalties
Legislative history

1—Short title
These regulations may be cited as the Authorised Betting Operations Regulations 2001.
3—Interpretation
In these regulations—
Act means the Authorised Betting Operations Act 2000;
GST means the tax payable under the GST law;
GST law means—
	(a)	A New Tax System (Goods and Services Tax) Act 1999 of the Commonwealth; and
	(b)	the related legislation of the Commonwealth dealing with the imposition of a tax on the supply of goods, services and other things.
3A—Meaning of fixed-odds betting
	(1)	Pursuant to section 91(2)(ab) of the Act, the following forms of betting on races held by licensed racing clubs, or races that are the subject of approved contingencies, are declared to be fixed-odds betting for the purposes of the Act:
	(a)	the form of betting where a person makes a bet on a race result at starting price odds;
	(b)	the form of betting where a person makes a bet on a race result at best price odds;
	(c)	the form of betting where a person makes a bet on a race result on the basis that the amount payable on a winning bet is the amount that would be payable if the bet had been made as a totalisator bet with—
	(i)	the holder of the major betting operations licence; or
	(ii)	if the holder of the major betting operations licence is not conducting off-course totalisator betting in respect of the race, the body authorised to conduct off-course totalisator betting on the race in the jurisdiction in which the race is held,
(ignoring any adjustment to the totalisator dividend that would have resulted if the bet had actually been made as a totalisator bet).
	(2)	In this regulation—
best price odds means the odds determined—
	(a)	in the case of a race held by a licensed racing club—by the betting price information service in attendance at the race or, in the absence of that service, by the club; or
	(b)	in the case of any other race—by the body holding the race,
to be the best price for the race result (the most favourable odds available on the race result at any time);
betting price information service means a body holding an approval under section 61(3) of the Act to communicate betting price information for races held by licensed racing clubs;
starting price odds means the odds determined—
	(a)	in the case of a race held by a licensed racing club—by the betting price information service in attendance at the race or, in the absence of that service, by the club; or
	(b)	in the case of any other race—by the body holding the race,
to be the starting price for the race result (the odds available on the race result immediately before the start of the race).
4—Trade Practices Act authorisations
For the purposes of the definition of prescribed agreement, arrangement or instrument in section 81(2) of the Act, the following agreements, arrangements or instruments are prescribed:
	(a)	the Intercode Agreement, within the meaning of the Government Agreement, entered into between Racing SA Pty Limited (ACN 095 660 058), Thoroughbred Racing SA Limited (ACN 094 475 939), Harness Racing SA Limited (ACN 094 559 930) and Greyhound Racing SA Limited (ACN 094 569 525), as amended by amending deed dated 15 August 2001;
	(b)	the constitution of Racing SA Pty Limited (ACN 095 660 058) as at the commencement of this regulation;
	(c)	the constitution of Thoroughbred Racing SA Limited (ACN 094 475 939) as at the commencement of this regulation;
	(d)	the constitution of Harness Racing SA Limited (ACN 094 559 930) as at the commencement of this regulation;
	(e)	the constitution of Greyhound Racing SA Limited (ACN 094 569 525) as at the commencement of this regulation.
5—Prescribed races for classes of licence under Part 3
For the purposes of section 34(1)(a), (b) and (d) of the Act, a race conducted in the course of a business for which a licence is required under the Racing (Proprietary Business Licensing) Act 2000 is a race of a prescribed kind.
6—Renewal of licences under Part 3
	(1)	An application for renewal of a licence granted under Part 3 of the Act must be made before the date on which the licence would expire in the absence of an application for renewal but may not be made earlier than 6 months before that date.
	(2)	If the licensing authority grants an application for renewal of a licence under Part 3 of the Act, the licence will continue to have effect for a period specified by the licensing authority in granting the application.
7—Liability of licensed racing club to pay duty
	(1)	Subject to this regulation, a licensed racing club must, within 7 days after the end of each calendar month, pay to the Treasurer for the credit of the Consolidated Account an amount of duty for each day during that month on which it conducted totalisator betting calculated in accordance with this regulation.
	(2)	For each day on which the racing club conducted a race meeting, the amount of duty is—
	(a)	if the sum of the amounts of bets made with it on that day does not exceed $30 000—an amount equal to 1 per cent of that sum; or
	(b)	if the sum of the amounts of bets made with it on that day exceeds $30 000 but does not exceed $60 000—$300 plus 2 per cent of the amount in excess of $30 000; or
	(c)	if the sum of the amounts of bets made with it on that day exceeds $60 000 but does not exceed $120 000—$900 plus 3 per cent of the amount in excess of $60 000; or
	(d)	if the sum of the amounts of bets made with it on that day exceeds $120 000—$2 700 plus 5.25 per cent of the amount in excess of $120 000.
	(3)	For each day on which the racing club did not conduct a race meeting, the amount of duty is—
	(a)	the amount of duty that would be payable for that day by a licensed racing club that held a race meeting on that day if all totalisator bets made on race results on that day with the licensed racing club that did not hold a race meeting and all totalisator bets made on the same race results with licensed racing clubs that held race meetings had been made with it; less
	(b)	the sum of the amounts of duty payable on the same race results by the licensed racing clubs that held race meetings on that day.
	(4)	A racing club that has cancelled a race meeting because of unforeseen circumstances but conducts totalisator betting during the period that the cancelled race meeting would have been held will be taken, for the purposes of this regulation, to have held the race meeting as originally planned.
	(5)	Where the Treasurer is satisfied that a licensed racing club pays its net proceeds (if any) from a race meeting on any day towards charitable purposes that the Treasurer approves, the Treasurer may authorise that club to pay towards those charitable purposes an amount equal to the amount otherwise payable to the Treasurer under this regulation.
	(6)	Despite the other provisions of this regulation, where a licensed racing club pays, in accordance with the authority of the Treasurer given under subregulation (5), towards charitable purposes an amount equal to the amount that it is liable to pay to the Treasurer under this regulation, the club is discharged from the liability to pay that amount to the Treasurer.
	(7)	This regulation does not apply in relation to totalisator betting conducted on or after 1 July 2005.
8—Refunds of GST to licensed racing clubs
	(1)	The Treasurer must pay to a licensed racing club an amount equivalent to the GST paid by the club in respect of—
	(a)	amounts deducted by the club pursuant to section 68 of the repealed Racing Act 1976; and
	(b)	totalisator bets made with the club before 1 July 2005.
	(2)	The money required for payments under this regulation must be paid out of the Consolidated Account which is appropriated to the necessary extent.
9—Unclaimed dividends on bets made with licensed racing club
A licensed racing club must, within 7 days after the end of each calendar month, pay to the Treasurer for the credit of the Consolidated Account an amount being the sum of the amounts accruing to the club as unclaimed dividends during that calendar month.
10—Liability of licensed bookmaker to pay duty
	(1)	A bookmaker must, not later than 3.00 p.m. on each Thursday, pay to the Treasurer for the credit of the Consolidated Account in respect of bets made with the bookmaker by persons outside Australia on events other than prescribed races during the week that ended at midnight on the Saturday next preceding that Thursday an amount of duty equal to 0.25 per cent of the amount paid or payable to the bookmaker in respect of those bets.
	(2)	The Treasurer must, on application by a bookmaker in writing and on being satisfied that the bookmaker has paid an amount to the Treasurer under subregulation (1) in respect of a bet on an event other than a prescribed race that has been abandoned or a bet that has been declared off, refund to the bookmaker from the Consolidated Account (which is appropriated to the necessary extent) the amount paid to the Treasurer in respect of that bet.
	(3)	For the purposes of this regulation a bet made with a group of bookmakers will be taken to have been made with a single bookmaker and the amount of the bet will be taken to have been paid, or to be payable, to a single bookmaker.
	(4)	In this regulation—
prescribed race means a race other than a race conducted in the course of a business for which a licence is required under the Racing (Proprietary Business Licensing) Act 2000.
11—Transitional arrangements for refunds of GST to bookmakers
	(1)	The Commissioner must pay to a bookmaker who has paid an amount to the Commissioner under section 114 of the repealed Racing Act 1976 in respect of bets made with him or her on race-results (within the meaning of Part 4 of that Act) an amount equivalent to the GST paid by the bookmaker in respect of those bets.
	(2)	The money required for payments under this regulation must be paid out of the Consolidated Account which is appropriated to the necessary extent.
12—Unclaimed winnings on bets made with licensed bookmaker
	(1)	A licensed bookmaker must, not later than 3.00 p.m. on each Thursday, pay to the Treasurer to be credited to the Consolidated Account the amount of any unclaimed winnings on bets the outcome of which was determined during the 7 days commencing at the beginning of the Thursday 2 weeks before.
	(2)	If a payment has been made under subregulation (1) in respect of unclaimed winnings on a bet, the Treasurer may pay the amount of the winnings from the Consolidated Account (which is appropriated to the necessary extent) to the licensed bookmaker with whom the bet was made or the person entitled to be paid the winnings if—
	(a)	in the case of payment to the licensed bookmaker—the Treasurer is satisfied that the bookmaker has, since the payment to the Treasurer in respect of the bet, paid the amount of the winnings to the person entitled to be paid the winnings on the bet; and
	(b)	in the case of payment to the person entitled to be paid the winnings—the Treasurer is satisfied that the person is so entitled and has not made a claim to the licensed bookmaker for payment of the winnings or has made such a claim but payment has been refused; and
	(c)	in any case—
	(i)	the Treasurer has not made payment of the amount of the winnings to any other person; and
	(ii)	the Treasurer is satisfied that no other person has a valid claim to be paid the winnings.
	(3)	In this regulation—
licensed bookmaker includes a person who was formerly a licensed bookmaker.
12A—Contributions payable under section 62E or 62G of Act
	(1)	For the purposes of section 62E(12) of the Act, the amount that may be recovered as a debt due to the relevant racing controlling authority by an operator who conducts SA race betting operations when a contribution agreement is not in force is 20% of the gross proceeds of those betting operations.
	(2)	For the purposes of subregulation (1) and section 62G(4) of the Act—
	(a)	subject to paragraph (b), the following amounts are to be included in the calculation of gross proceeds of betting operations:
	(i)	any amount (excluding GST) paid to the betting operator as a bet on a SA race;
	(ii)	any amount (excluding GST) paid to the betting operator in respect of a relevant lay-off bet made by the operator;
	(iii)	any amount (excluding GST) paid to the betting operator as a fee or commission relating to a bet or an offer to make a bet on a SA race on a betting exchange operated by the operator; and
	(b)	the following amounts are not to be included in the calculation of gross proceeds of betting operations:
	(i)	any amount (excluding GST) paid out by the betting operator in respect of a bet on a SA race made with the operator;
	(ii)	any amount (excluding GST) paid out by the betting operator as a relevant lay-off bet.
Note—
In summary, gross proceeds are calculated as the total amount received as bets, dividends on relevant lay-off bets and commission less amounts paid out in respect of bets and relevant lay-off bets.
	(3)	For the purposes of section 62G(4) of the Act—
	(a)	subject to paragraph (b), any amount (excluding GST) paid to a betting operator as a bet on a SA race is to be included in the calculation of gross turnover of totalisator betting operations; and
	(b)	any amount (excluding GST) paid to a betting operator as a bet on a SA race that is refunded by the operator is not to be included in the calculation of gross turnover of totalisator betting operations.
Note—
In summary, gross turnover is calculated as the total amount received as bets less any amounts refunded in respect of those bets.
	(4)	For the purposes of this regulation—
	(a)	a bet is a lay-off bet if—
	(i)	it is a bet made by a betting operator with a person authorised under the law of this State, another State or a Territory of Australia to conduct betting; and
	(ii)	the bet is made by the betting operator to off-set the operator's liability in respect of amounts paid to the betting operator as fixed-odds bets on SA races; and
	(iii)	the bet relates to the same contingencies as the fixed-odds bets referred to in subparagraph (ii); and
	(b)	a lay-off bet is a relevant lay-off bet if the amount that the betting operator stands to win on the lay-off bet and any other lay-off bets relating to the same contingencies does not exceed the amount the betting operator stands to lose on the fixed-odds bets in respect of which the operator's liability is off-set.
	(5)	In this regulation—
SA race means a race held in this State by a racing club.
13—Fees and default penalties
	(1)	The fees and default penalties fixed by Schedule 1 are payable to the licensing authority for the purposes set out in Schedule 1.
	(2)	The licensee must pay to the Commissioner, before the Commissioner grants an approval of systems, procedures or equipment that the Authority has determined under section 41(1)(c) of the Act to be subject to that section, a fee of the amount determined by the Commissioner to be the costs incurred in respect of examination of the systems, procedures or equipment for the purpose of determining whether or not such an approval should be granted.
	(3)	The Commissioner may waive the whole or a part of a fee payable to the Commissioner under subregulation (2).

Schedule 1—Fees and default penalties

1	Application for grant of bookmaker's licence	$224.00	
2	Application for renewal of bookmaker's licence	$146.00	
3	Application for grant or renewal of agent's licence	$43.25	
4	Application for variation of a condition of a licence under Part 3	$73.00	
5	Application for renewal of betting shop licence	$146.00	
6	Penalty for default in lodging annual return or payment of annual fee by authorised interstate betting operator (section 40B)	$5 000.00	

Legislative history
Notes
	•	Variations of this version that are uncommenced are not incorporated into the text.
	•	Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.
	•	Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.
	•	For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.
Principal regulations and variations
New entries appear in bold.
Year	No	Reference	Commencement	
2001	255	Gazette 6.12.2001 p5302	14.12.2001: r 2	
2002	2	Gazette 10.1.2002 p22	10.1.2002: r 2	
2002	126	Gazette 20.6.2002 p2674	1.7.2002: r 2	
2002	199	Gazette 24.10.2002 p3936	24.10.2002: r 2	
2003	137	Gazette 29.5.2003 p2368	1.7.2003: r 2	
2004	113	Gazette 27.5.2004 p1653	1.7.2004: r 2 	
2004	178	Gazette 19.8.2004 p3322	1.9.2004: r 2 	
2005	83	Gazette 26.5.2005 p1473	1.7.2005: r 2	
2005	144	Gazette 23.6.2005 p1917	1.7.2005: r 2	
2006	133	Gazette 15.6.2006 p1852	1.7.2006: r 2	
2007	144	Gazette 7.6.2007 p2529	1.7.2007: r 2	
2008	65	Gazette 5.6.2008 p1933	1.7.2008: r 2	
2009	19	Gazette 26.2.2009 p786	1.3.2009: r 2	
2009	163	Gazette 4.6.2009 p2677	1.7.2009: r 2	
2010	63	Gazette 10.6.2010 p2719	1.7.2010: r 2	
2011	106	Gazette 9.6.2011 p2206	1.7.2011: r 2	
2012	112	Gazette 31.5.2012 p2438	1.7.2012: r 2	
2013	87	Gazette 6.6.2013 p2193	1.7.2013: r 2	
Provisions varied
New entries appear in bold.
Entries that relate to provisions that have been deleted appear in italics.
Provision	How varied	Commencement	
r 2	omitted under the Legislation Revision and Publication Act 2002	1.7.2004	
r 3A	inserted by 178/2004 r 4	1.9.2004	
r 3A(2)			
best price odds	varied by 144/2005 r 4(1)	1.7.2005	
betting price information service	inserted by 144/2005 r 4(2)	1.7.2005	
starting price odds	varied by 144/2005 r 4(3)	1.7.2005	
r 6			
r 6(2)	varied by 144/2005 r 5	1.7.2005	
r 7			
r 7(3)	substituted by 199/2002 r 3	24.10.2002	
r 7(7)	inserted by 144/2005 r 6	1.7.2005	
r 8			
r 8(1)	varied by 144/2005 r 7	1.7.2005	
r 12A	inserted by 19/2009 r 4	1.3.2009	
r 13	inserted by 2/2002 r 3	10.1.2002	
r 13(1)	varied by 144/20052 r 8	1.7.2005	
	varied by 65/2008 r 4	1.7.2008	
	varied by 19/2009 r 5	1.3.2009	
Sch before substitution by 83/2005	substituted by 126/2002 r 3	1.7.2002	
	substituted by 137/2003 r 4	1.7.2003	
	substituted by 113/2004 r 4	1.7.2004	
	varied by 178/2004 r 5	1.9.2004	
Sch	substituted by 83/2005 r 4	1.7.2005	
	substituted by 133/2006 r 4	1.7.2006	
	substituted by 144/2007 r 4	1.7.2007	
	deleted by 65/2008 r 5	1.7.2008	
Sch 1 before substitution by 163/2009	inserted by 65/2008 r 5	1.7.2008	
	varied by 19/2009 r 6	1.3.2009	
Sch 1	substituted by 163/2009 r 4	1.7.2009	
	substituted by 63/2010 r 4	1.7.2010	
	substituted by 106/2011 r 4	1.7.2011	
	substituted by 112/2012 r 4	1.7.2012	
Historical versions
1.7.2004		
1.9.2004		
1.7.2005		
1.7.2006		
1.7.2007		
1.7.2008		
1.3.2009		
1.7.2009		
1.7.2010		
1.7.2011