NSW Introduces Racing and Gambling Legislation Amendment Bill 2022

Friday 8 April 2022 @ 3.54 p.m. | Legal Research

On 30 March 2022, the Racing and Gambling Legislation Amendment Bill 2022 (NSW) (“the Bill”) was introduced in the NSW Legislative Assembly. The Bill was introduced by Minister for Hospitality and Racing Kevin Anderson (“the Minister”), and proposes amendments to the following Acts:

  • Betting and Racing Act 1998 (NSW);
  • Greyhound Racing Act 2017 (NSW);
  • Harness Racing Act 2009 (NSW); and
  • Racing Appeals Tribunal Act 1983 (NSW).

Key Objectives of the Bill

The Bill seeks to support the Government’s wider commitment to minimising gambling-related harm. In his Second Reading Speech, the Minister also clarified that the Bill would ensure the racing industry remains competitive and sustainable:

“The racing industry contributed in excess of $3.3 billion to the New South Wales economy and sustains more than 27,500 jobs across the State. Racing was one of the few sporting industries that continued to operate during the COVID-19 pandemic, sustaining employment and providing a source of enjoyment... Amendments in the [B]ill will implement positive changes to the regulation and governance of the wagering and racing industries to ensure they can continue to be enjoyed by participants and punters alike”.

Betting and Racing Act 1998 (NSW)

The Bill also seeks to makes miscellaneous amendments to the Betting and Racing Act 1998 (NSW) (“the BRA Act”), including amendments to:

  • require sports controlling bodies (as defined under section 17B of the BRA Act) to notify the Minister of any change in its circumstances; and
  • allow regulations made under the BRA Act to prescribe that gambling advertisements must contain an advisory statement.

The Bill also proposes the introduction of new offences for licensed betting service providers that fail to comply with new betting account requirements. If passed, licensed betting service providers, would be required to:

  • keep information about a betting account private;
  • keep written and up-to-date records of all betting accounts they hold for at least 7 years; and
  • issue account holders with a monthly transaction statement.

A failure to comply with the proposed requirements, could see betting service providers face a maximum penalty of $11,000 for individuals and $110,000 for corporations.

The Minister further explained in his Second Reading Speech:

“Privacy is a key concern of customers in all online commerce, and wagering is no different. Whilst most betting service providers are subject to existing privacy laws, this bill ensures that those that are not still have clear legal obligations to protect consumer information.”

Under the proposed changes, licensed betting service providers would be similarly responsible for ensuring that certain individuals receive responsible gambling training.

Other Amendments

The Bill also proposes to:

  • amend the definition of a greyhound under the Greyhound Racing Act 2017 (NSW) and clarify the objects of that Act;
  • modify the Harness Racing Act 2009 (NSW) to make various administrative changes to the membership, operation and responsibilities of Harness Racing New South Wales (HRNSW); and
  • insert a provision in the Racing Appeals Tribunal Act 1983 (NSW), to ensure that the Greyhound Welfare and Integrity Commission is responsible for expenses incurred by the Tribunal in an appeal involving a decision of the Commission.

The Minister summarised in his Second Reading Speech that:

“This commonsense [B]ill makes it clear that consumer protections and animal welfare and integrity is at the forefront of everything this Government does.”

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Sources:

Racing and Gambling Legislation Amendment Bill 2022 (NSW) and supporting material available from TimeBase’s LawOne Service

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