Racing (Totalizator Betting) Act 1952
[The long title Substituted by No. 38 of 2001, s. 4, Applied:01 Jul 2001] An Act to provide for the regulation of horse-racing and greyhound racing, to provide for the use of the totalizator, to provide for betting and for related matters
[Royal Assent 19 December 1952]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART I - Preliminary
1. Short title and commencement
(1) [Section 1 Subsection (1) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 1 Subsection (1) amended by No. 38 of 2001, s. 5, Applied:01 Jul 2001] [Section 2 Subsection (1) amended by No. 1 of 1974, s. 2 ]This Act may be cited as the Racing (Totalizator Betting) Act 1952 .
(2) This Act shall commence on a date to be fixed by proclamation.
2. Repeal
The Acts specified in Schedule I are repealed.
3. Interpretation
[Section 3 Amended by No. 71 of 1955, s. 2 ][Section 3 Amended by No. 42 of 1961, s. 2 ][Section 3 Amended by No. 55 of 1965, s. 5 ][Section 3 Amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 3 Amended by No. 1 of 1974, s. 3 ][Section 3 Amended by No. 110 of 1974, s. 2 ][Section 3 Amended by No. 40 of 1983, s. 4 ][Section 3 Amended by No. 83 of 1983, s. 4 ][Section 3 Amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 3 Amended by No. 123 of 1985, s. 17 ][Section 3 Amended by No. 31 of 1986, s. 3 ][Section 3 Amended by No. 39 of 1987, s. 4 ][Section 3 Amended by No. 42 of 1987, s. 4 ][Section 3 Amended by No. 32 of 1989, s. 4 ][Section 3 Amended by No. 22 of 1990, s. 15 and s. 17 ][Section 3 Amended by No. 37 of 1992, s. 4 ][Section 3 Amended by No. 53 of 1993, s. 4 ][Section 3 Amended by No. 94 of 1993, s. 177 ][Section 3 Amended by No. 99 of 1993, s. 4 ][Section 3 Amended by No. 32 of 1994, s. 4 ][Section 3 Amended by No. 70 of 1994, s. 4 ][Section 3 Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 3 Amended by No. 108 of 1995, s. 4 ][Section 3 Amended by No. 50 of 1996, s. 6 ][Section 3 Amended by No. 65 of 1996, s. 4 ]In this Act unless the contrary intention appears –[Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 3 Amended by No. 103 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 3 Amended by No. 58 of 1997, s. 55, Applied:01 May 1998] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] betting competition means a competition that involves betting on a contingency relating to any of the following:(a) an actual or simulated horse race, greyhound race or other race involving animals or teams or groups of animals;
(b) an actual or simulated race between human or mechanical competitors or between teams or groups of human or mechanical competitors;
(c) an actual or simulated sport, game, fight, exercise or pastime, whether involving individual competitors or participants or teams or groups of competitors or participants;
[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] betting-only meeting means a racing club meeting of the kind referred to in section 34A (2) ;
[Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] bookmaker means a person who is registered as a bookmaker under Part V , and includes a person who is the holder of a provisional certificate of registration under section 59A ;
[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] branch means any premises where totalizator betting is conducted by TOTE Tasmania or by an agent of TOTE Tasmania;
broken money means the fractional parts of 5 cents that remain after the declaration of a dividend in accordance with the provisions of section 57M ;
[Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] chief executive officer has the same meaning as in the Government Business Enterprises Act 1995 ;
club means a racing club and a greyhound racing club, and, in Part VI , includes a body of persons (whether a racing club or a greyhound racing club or not) having for its object, or one of its objects, the conduct of any sport, fight, game, exercise, or pastime;
club committee means the committee or other governing body of a club;
[Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] [Section 3 Amended by No. 21 of 2000, s. 26, Applied:01 Jul 2000] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] consolation double totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 2 animals on the chance that –(a) [Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] those animals will fill first places in 2 races selected by TOTE Tasmania; or
(b) the first nominated animal will fill first place in the first of those 2 races and the second nominated animal will fill second place in the second of those races;
[Section 3 Amended by No. 58 of 1997, s. 55, Applied:01 May 1998] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] Council means the Tasmanian Thoroughbred Racing Council, the Tasmanian Harness Racing Council or the Tasmanian Greyhound Racing Council;
[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] daily double totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 2 animals on the chance that those animals will fill first places in 2 races selected by TOTE Tasmania;
[Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] forecast totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination (in a specified order) of a combination of 2 animals on the chance that those animals will fill first and second place (in the order specified) in the same race at a race meeting;
functions includes duties;
[Section 3 Amended by No. 21 of 2000, s. 26, Applied:01 Jul 2000] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] greyhound racing means the running of greyhound dogs in competition against other greyhound dogs in pursuit of a moving object;
horse includes a pony;
horse race includes a race for trotting-horses;
horse-racing includes harness racing and the racing of galloping-horses;
[Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] licensed operator means a person or body authorised to conduct operations on behalf of TOTE Tasmania;
[Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] member, in respect of TOTE Tasmania, means a director within the meaning of the Government Business Enterprises Act 1995 ;
[Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] place includes any house, office, room, tent, ship, building, erection, structure, premises, or other place, and any land, whether public or private and whether enclosed or otherwise;
place totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of an animal in respect of a race at a race meeting on the chance that the nominated animal will fill a place in that race;
[Section 3 Amended by No. 103 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] prescribed employee of TOTE Tasmania means –(a) an employee of TOTE Tasmania; or
(b) the chief executive officer of TOTE Tasmania; or
(c) an agent or licensed operator of TOTE Tasmania;
[Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] quadrella totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 4 animals on the chance that those animals will fill first places in 4 races selected by TOTE Tasmania;
quinella totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 2 animals on the chance that those animals will fill first and second place (irrespective of order) in the same race at a race meeting;
[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] racecourse means land that is used for the purposes of conducting a race meeting or betting-only meeting and for admission to which a charge is made to the public;
race meeting means a meeting for the racing of galloping-horses, harness racing horses or greyhounds;
racing club means a horse-racing club or a greyhound racing club;
racing year means the period beginning on the first day of August in any year and ending on 31st July in the following year;
region means the northern region, north-western region or southern region;
registered racecourse means a racecourse in respect of which a certificate of registration under Division II of Part III has been granted and is in force;
[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] the regulations means regulations made and in force under this Act;
[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] rules means rules made by TOTE Tasmania as provided by section 57ZR ;
[Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] shareholders means –(a) the Minister; and
(b) the Treasurer or, if the Treasurer is also the Minister, one other Minister of the Crown determined by the Treasurer;
simulated includes simulated by electronic or mechanical means;
sporting contingency means a contingency relating to any horse race, or to any other race, or to any sport, fight, game, exercise, or pastime;
[Section 3 Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] straight 6 totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 6 animals on the chance that those animals will fill first places in 6 races selected by TOTE Tasmania;
superfecta totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of a combination of 6 animals on the chance that those animals will fill first, second, third, fourth, fifth and sixth place (in the order specified) in the same race at a race meeting;
[Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 3 Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 3 Amended by No. 103 of 1999, s. 4, Applied:22 Dec 1999] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] ticket includes any form of acknowledgment by TOTE Tasmania of a bet made with TOTE Tasmania;
[Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] [Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] to bet includes the action of a person who, in relation to a sporting contingency–(a) [Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] bets;
(b) [Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] pays, receives, or settles a bet; or
(c) [Section 3 Amended by No. 38 of 2001, s. 6, Applied:01 Jul 2001] offers or agrees to bet or to pay, receive, or settle a bet –
whether for himself or on behalf of another person, and of a person who co-operates with another person in connection with the doing of any of those acts;
to sell means to sell, whether by wholesale or retail, and includes to –(a) offer or expose for sale;
(b) keep or have in possession for sale;
(c) barter or exchange;
(d) deal in or agree to sell;
(e) send, forward, deliver, or receive for sale or on sale; and
(f) authorise, direct, cause, attempt, or permit any act referred to in paragraph (a) , (b) , (c) , (d) , or (e) ;
[Section 3 Amended by No. 83 of 1999, s. 32, Applied:01 Dec 1999] [Section 3 Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] totalizator means any instrument, machine, or contrivance for the distribution of money to holders of tickets or shares in a pool or an aggregation of contributions contingently on the result of a sporting contingency, and includes a device for the distribution of money in the like manner on any contingency and any premises where totalizator betting is conducted by TOTE Tasmania, or by an agent of TOTE Tasmania, or by a club;
totalizator licence means a licence under Part IV to use a totalizator;
[Section 3 Amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] TOTE Tasmania means the company of that name referred to in the TOTE Tasmania Act 2000 ;
trifecta totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination (in a specified order) of a combination of 3 animals on the chance that those animals will fill first, second and third place (in the order specified) in the same race at a race meeting;
[Section 3 Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] win totalizator means a totalizator used for enabling persons to invest money on horse or greyhound races by the nomination of an animal in respect of a race at a race meeting on the chance that the nominated animal will be the winner of that race.
PART II - . . . . . . . .
[Part II Repealed by No. 83 of 1983, s. 5 ]4.
[Section 4 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
5.
[Section 5 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
6.
[Section 6 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
7.
[Section 7 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
8.
[Section 8 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
9.
[Section 9 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
10.
[Section 10 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
11.
[Section 11 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
12.
[Section 12 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
12AA.
[Section 12AA Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
12A.
[Section 12A Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
13.
[Section 13 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
14.
[Section 14 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
15.
[Section 15 Repealed by No. 1 of 1974, s. 9 ]. . . . . . . .
16.
[Section 16 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
17.
[Section 17 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
18.
[Section 18 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
19.
[Section 19 Repealed by No. 83 of 1983, s. 5 ]. . . . . . . .
PART III - . . . . . . . .
[Part III Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] Division I - [Part III, Div. I Heading substituted by No. 42 of 1961, s. 23 ][Part III, Div. I Heading amended by No. 83 of 1983, s. 6 ] - . . . . . . . .
[Division I of Part III Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 20.
[Section 20 Substituted by No. 42 of 1961, s. 3 ][Section 20 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 20 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 20 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 20 Subsection (2) amended by No. 1 of 1974, s. 35 and Sched. 1 ][Section 20 Subsection (2) amended by No. 1 of 1988, s. 4 ][Section 20 Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 20 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
20A.
[Section 20A Inserted by No. 42 of 1961, s. 3 ][Section 20A Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 20A Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 20A Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 20A Subsection (2) amended by No. 83 of 1983, s. 7 ][Section 20A Subsection (2) amended by No. 58 of 1997, s. 55, Applied:01 May 1998] [Section 20A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
20B.
[Section 20B Inserted by No. 42 of 1961, s. 3 ][Section 20B Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 20B Subsection (4) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 20B Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 20B Subsection (5) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 20B Subsection (5) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 20B Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 20B Subsection (1) amended by No. 83 of 1999, s. 33, Applied:01 Dec 1999] [Section 20B Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 20B Subsection (2) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 20B Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 20B Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 20B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division IA - [Part III, Div IA Heading inserted by No. 42 of 1961, s. 23 ][Part III, Div IA Heading amended by No. 83 of 1983, s. 9 ] - . . . . . . . .
[Division IA of Part III Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 21.
[Section 21 Subsection (1) amended by No. 36 of 1958, s. 4 and Sched. 3 ][Section 21 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 21 Subsection (1) amended by No. 1 of 1974, s. 11 ][Section 21 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 21 Subsection (1) amended by No. 31 of 1986, s. 4 ][Section 21 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 21 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 21 Subsection (1A) inserted by No. 36 of 1958, s. 4 and Sched. 3 ][Section 21 Subsection (1B) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 21 Subsection (1B) inserted by No. 1 of 1974, s. 11 ][Section 21 Subsection (1B) amended by No. 83 of 1983, s. 8 and s. 31 and s. 32 and Sched. 1 and Sched. 2 ][Section 21 Subsection (1B) amended by No. 22 of 1990, s. 17 ][Section 21 Subsection (2) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 21 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 21 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 21 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
22.
[Section 22 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 22 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 22 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 22 Subsection (2) amended by No. 83 of 1999, Sched. 3, Applied:01 Dec 1999] [Section 22 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 22 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 22 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 22 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 22 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 22 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
23.
[Section 23 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 23 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 23 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 23 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 23 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 23 Subsection (2A) inserted by No. 1 of 1974, s. 12 ][Section 23 Subsection (2A) omitted by No. 83 of 1999, s. 34, Applied:01 Dec 1999] [Section 23 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 23 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 23 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 23 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
24.
[Section 24 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 24 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 24 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 24 Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 24 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 24 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 24 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 24 Subsection (5) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 24 Subsection (5) amended by No. 83 of 1999, s. 35, Applied:01 Dec 1999] [Section 24 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 24 Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (6) substituted by No. 71 of 1995, s. 3 and Sched. 1 ][Section 24 Subsection (8) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 24 Subsection (9) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 24 Subsection (9) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 24 Subsection (9) amended by No. 22 of 1990, s. 17 ][Section 24 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
24A.
[Section 24A Inserted by No. 1 of 1988, s. 5 ][Section 24A Subsection (1) amended by No. 83 of 1999, Sched. 8JT, Applied:01 Dec 1999] [Section 24A Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 24A Subsection (1) amended by No. 50 of 1996, s. 7 ][Section 24A Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 24A Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 24A Subsection (5) amended by No. 50 of 1996, s. 7 ][Section 24A Subsection (5) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 24A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division II - . . . . . . . .
[Division II of Part III Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 25.
[Section 25 Subsection (1) amended by No. 42 of 1961, s. 4 ][Section 25 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 25 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 25 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 25 Subsection (1) amended by No. 50 of 1996, s. 8 ][Section 25 Subsection (2) inserted by No. 1 of 1988, s. 6 ][Section 25 Subsection (2) amended by No. 50 of 1996, s. 8 ][Section 25 Subsection (3) added by No. 42 of 1961, s. 4 ][Section 25 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
26.
[Section 26 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 26 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 26 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 26 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 26 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 26 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 26 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 26 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 26 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 26 Subsection (4) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 26 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 26 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 26 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
27.
[Section 27 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 27 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 27 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 27 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
28.
[Section 28 Amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 28 Amended by No. 22 of 1990, s. 17 ][Section 28 Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 28 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
29.
[Section 29 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 29 Subsection (1) amended by No. 83 of 1999, s. 36, Applied:01 Dec 1999] [Section 29 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 29 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 29 Subsection (1A) amended by No. 38 of 2001, s. 7, Applied:01 Jul 2001] [Section 29 Subsection (1A) inserted by No. 1 of 1974, s. 14 ][Section 29 Subsection (1A) amended by No. 83 of 1983, s. 10 and s. 32 and Sched. 2 ][Section 29 Subsection (1A) amended by No. 22 of 1990, s. 17 ][Section 29 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 29 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 29 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 29 Subsection (2A) inserted by No. 1 of 1974, s. 14 ][Section 29 Subsection (2A) omitted by No. 83 of 1999, s. 36, Applied:01 Dec 1999] [Section 29 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 29 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 29 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 29 Subsection (4) omitted by No. 83 of 1983, s. 10 ][Section 29 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
30.
[Section 30 Subsection (1) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 30 Subsection (1) amended by No. 1 of 1974, s. 15 ][Section 30 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 30 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 30 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 30 Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 30 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 30 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 30 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 30 Subsection (5) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 30 Subsection (5) amended by No. 83 of 1999, s. 37, Applied:01 Dec 1999] [Section 30 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 30 Subsection (5) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 30 Subsection (6) substituted by No. 71 of 1995, s. 3 and Sched. 1 ][Section 30 Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 30 Subsection (8) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 30 Subsection (8) amended by No. 22 of 1990, s. 17 ][Section 30 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division III - [Part III, Div. III Heading amended by No. 22 of 1990, s. 16 ] - . . . . . . . .
[Division III of Part III Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 31.
[Section 31 Amended by No. 1 of 1974, s. 16 ][Section 31 Amended by No. 50 of 1996, s. 9 ][Section 31 Amended by No. 38 of 2001, s. 8, Applied:01 Jul 2001] [Section 31 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
32.
[Section 32 Subsection (2) amended by No. 83 of 1983, s. 31 and s. 32 and Sched. 1 and Sched. 2 ][Section 32 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 32 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 32 Subsection (3) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 32 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 32 Subsection (4) amended by No. 104 of 1977, s. 2 ][Section 32 Subsection (4) amended by No. 83 of 1983, s. 31 and s. 32 and Sched. 1 and Sched. 2 ][Section 32 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 32 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 32 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
33.
[Section 33 Amended by No. 55 of 1965, s. 5 ][Section 33 Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 33 Subsection (1) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 33 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 33 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 33 Subsection (2) omitted by No. 83 of 1983, s. 11 ][Section 33 Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 33 Subsection (3) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 33 Subsection (3) substituted by No. 104 of 1977, s. 3 ][Section 33 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
34.
[Section 34 Subsection (1) amended by No. 83 of 1983, s. 12 and s. 31 and Sched. 1 ][Section 34 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 34 Substituted by No. 83 of 1999, s. 38, Applied:01 Dec 1999] [Section 34 Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
34A.
[Section 34A Inserted by No. 50 of 1996, s. 10 ][Section 34A Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34A Subsection (1) amended by No. 83 of 1999, s. 39, Applied:01 Dec 1999] [Section 34A Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34A Subsection (3) substituted by No. 83 of 1999, s. 39, Applied:01 Dec 1999] [Section 34A Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34A Subsection (4) amended by No. 83 of 1999, s. 39, Applied:01 Dec 1999] [Section 34A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
34B.
[Section 34B Inserted by No. 50 of 1996, s. 10 ][Section 34B Amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 34B Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34B Amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 34B Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 34B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
35.
[Section 35 Subsection (1) amended by No. 93 of 1974, s. 2 ][Section 35 Subsection (1) amended by No. 71 of 1975, s. 2 ][Section 35 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 35 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 35 Subsection (1) omitted by No. 83 of 1999, s. 40, Applied:01 Dec 1999] [Section 35 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35 Subsection (2) amended by No. 71 of 1955, s. 3 ][Section 35 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 35 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 35 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 35 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35 Subsection (4) amended by No. 108 of 1973, s. 3 ][Section 35 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 35 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 35 Subsection (5) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 35 Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 35 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
35A.
[Section 35A Inserted by No. 3 of 1970, s. 2 ][Section 35A Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35A Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35A Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 35A Subsection (2) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] [Section 35A Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 35A Subsection (2) amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 35A Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35A Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 35A Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 35A Subsection (3) amended by No. 83 of 1999, s. 41, Applied:01 Dec 1999] [Section 35A Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35A Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 35A Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 35A Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 35A Subsection (4) substituted by No. 83 of 1999, s. 41, Applied:01 Dec 1999] [Section 35A Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 35A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
36.
[Section 36 Subsection (1) amended by No. 21 of 2000, s. 27, Applied:01 Jul 2000] [Section 36 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 36 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 36 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 36 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
37.
[Section 37 Substituted by No. 71 of 1955, s. 4 ][Section 37 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] [Section 37 Subsection (1) amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 37 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 37 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 37 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 37 Subsection (3) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 37 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 37 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 37 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 37 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
38.
[Section 38 Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 38 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
39.
[Section 39 Subsection (1) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 39 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 39 Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 39 Subsection (2) amended by No. 83 of 1983, s. 13 ][Section 39 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 39 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 39 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 39 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 39 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 39 Subsection (4) amended by No. 83 of 1999, s. 42, Applied:01 Dec 1999] [Section 39 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 39 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 39 Subsection (5) substituted by No. 10 of 1971, s. 4 ][Section 39 Subsection (7) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 39 Subsection (7) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 39 Subsection (7) amended by No. 22 of 1990, s. 17 ][Section 39 Subsection (7) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 39 Subsection (8) amended by No. 55 of 1965, s. 5 ][Section 39 Subsection (8) amended by No. 10 of 1971, s. 4 ][Section 39 Subsection (8) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 39 Subsection (8) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 39 Subsection (8A) inserted by No. 85 of 1976, s. 2 ][Section 39 Subsection (9) added by No. 10 of 1971, s. 4 ][Section 39 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
40.
[Section 40 Amended by No. 10 of 1971, s. 5 ][Section 40 Amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 40 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
40A.
[Section 40A Inserted by No. 42 of 1961, s. 5 ][Section 40A Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 40A Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 40A Subsection (1) amended by No. 31 of 1986, s. 5 ][Section 40A Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 40A Subsection (2) amended by No. 83 of 1993, s. 31 and Sched. 1 ][Section 40A Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 40A Subsection (3) amended by No. 83 of 1993, s. 31 and Sched. 1 ][Section 40A Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 40A Subsection (4) amended by No. 83 of 1993, s. 31 and Sched. 1 ][Section 40A Subsection (5) inserted by No. 36 of 1984, s. 4 ][Section 40A Subsection (7) omitted by No. 1 of 1974, s. 18 ][Section 40A Substituted by No. 83 of 1999, s. 43, Applied:01 Dec 1999] [Section 40A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
40B.
[Section 40B Repealed by No. 1 of 1974, s. 19 ][Section 40B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
41.
[Section 41 Subsection (1) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 41 Subsection (3) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 41 Subsection (4) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 41 Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 41 Subsection (5) amended by No. 83 of 1999, s. 44, Applied:01 Dec 1999] [Section 41 Subsection (5) amended by No. 18 of 1953, s. 2 ][Section 41 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (6) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (6) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (6) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (6) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 41 Subsection (7) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (7) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 41 Subsection (8) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 41 Subsection (8) amended by No. 1 of 1974, s. 35 and Sched. 1 ][Section 41 Subsection (8) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 41 Subsection (8) amended by No. 22 of 1990, s. 17 ][Section 41 Subsection (9) amended by No. 42 of 1961, s. 6 ][Section 41 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
42.
[Section 42 Inserted by No. 31 of 1986, s. 6 ][Section 42 Subsection (1) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 42 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
42A.
[Section 42A Repealed by No. 83 of 1983, s. 15 ][Section 42A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
43.
[Section 43 Repealed by No. 31 of 1986, s. 7 ][Section 43 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
44.
[Section 44 Amended by No. 1 of 1974, s. 35 and Sched. 1 ][Section 44 Amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 44 Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 44 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
44A.
[Section 44A Repealed by No. 31 of 1986, s. 8 ][Section 44A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
45.
[Section 45 Substituted by No. 10 of 1971, s. 9 ][Section 45 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (6) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 45 Subsection (6) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 45 Subsection (6) substituted by No. 1 of 1974, s. 21 ][Section 45 Subsection (6) amended by No. 83 of 1983, s. 17 and s. 31 and Sched. 1 ][Section 45 Subsection (6) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (7) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 45 Subsection (7) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (7) amended by No. 83 of 1999, s. 45, Applied:01 Dec 1999] [Section 45 Subsection (7) substituted by No. 1 of 1974, s. 21 ][Section 45 Subsection (6) amended by No. 83 of 1983, s. 17 and s. 31 and Sched. 1 ][Section 45 Subsection (6) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (8) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 45 Subsection (8) amended by No. 83 of 1999, s. 45, Applied:01 Dec 1999] [Section 45 Subsection (8) substituted by No. 1 of 1974, s. 21 ][Section 45 Subsection (9) omitted by No. 83 of 1983, s. 17 ][Section 45 Subsection (10) omitted by No. 1 of 1974, s. 21 ][Section 45 Subsection (12) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (12) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (12) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (13) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (13) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (13) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (13) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45 Subsection (15) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45 Subsection (15) amended by No. 22 of 1990, s. 17 ][Section 45 Subsection (15) substituted by No. 83 of 1999, s. 45, Applied:01 Dec 1999] [Section 45 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
45AA.
[Section 45AA Inserted by No. 10 of 1971, s. 9 ][Section 45AA Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45AA Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45AA Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 45AA Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 45AA Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 45AA Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 45AA Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division IV - . . . . . . . .
[Part III, Div. 4 Repealed by No. 31 of 1986, s. 9 ][Division IV of Part III Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 45A.
[Section 45A Repealed by No. 31 of 1986, s. 9 ][Section 45A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
45B.
[Section 45B Repealed by No. 31 of 1986, s. 9 ][Section 45B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
45C.
[Section 45C Repealed by No. 1 of 1974, s. 22 ][Section 45C Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
PART IV - [Part IV Heading substituted by No. 40 of 1983, s. 7 ]Totalizator Betting and Betting Competitions Conducted by TOTE Tasmania
Division I - . . . . . . . .
[Division I of Part IV Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] 46.
[Section 46 Substituted by No. 83 of 1983, s. 18 ][Section 46 Amended by No. 22 of 1990, s. 17 ][Section 46 Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 46 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
47.
[Section 47 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 47 Inserted by No. 24 of 1998, s. 4, Applied:01 Jul 1998] [Section 47 Repealed by No. 83 of 1999, s. 46, Applied:01 Dec 1999] [Section 47 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
48.
[Section 48 Repealed by No. 83 of 1983, s. 20 ][Section 48 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
49.
[Section 49 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 49 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
50.
[Section 50 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 50 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
51.
[Section 51 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 51 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
52.
[Section 52 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 52 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
53.
[Section 53 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 53 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
54.
[Section 54 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 54 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
55.
[Section 55 Repealed by No. 40 of 1991, s. 73 ][Section 55 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
56.
[Section 56 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 56 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
57.
[Section 57 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57 Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
57A.
[Section 57A Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57A Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
57B.
[Section 57B Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57B Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
57C.
[Section 57C Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57C Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
57D.
[Section 57D Repealed by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57D Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
Division II - Powers and functions of TOTE Tasmania
57DA. Interpretation: Division II of Part IV
[Section 57DA Inserted by No. 40 of 1983, s. 8 ][Section 57DA Amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57DA Amended by No. 37 of 1992, s. 5 ]In this Division, unless the contrary intention appears –[Section 57DA Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57DA Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] approved betting competition means a betting competition of a kind or class prescribed in the regulations and which is conducted by TOTE Tasmania pursuant to section 57E (3) ;
[Section 57DA Amended by No. 83 of 1999, s. 47, Applied:01 Dec 1999] approved sporting contingency means –(a) a sporting contingency relating to a horse race or greyhound racing event; or
(b) a sporting contingency relating to any other race or any other event that is approved by the Minister pursuant to section 57E (1) (a) ;
event means any greyhound racing event, sport, fight, game, exercise, or pastime.
57E. Powers and functions of TOTE Tasmania
[Section 57E Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57E Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57E Subsection (1) substituted by No. 52 of 1995, s. 3 and Sched. 1 ]For the purposes of this Act, TOTE Tasmania must conduct totalizator betting.
(1A) [Section 57E Subsection (1A) omitted by No. 52 of 1995, s. 3 and Sched. 1 ]. . . . . . . .
(2) [Section 57E Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (2) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57E Subsection (2) inserted by No. 71 of 1975, s. 3 ][Section 57E Subsection (2) substituted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] Despite any law or rule of law to the contrary, it is lawful for persons to bet in a totalizator conducted by TOTE Tasmania in the performance of its function under subsection (1).
(3) [Section 57E Subsection (3) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57E Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57E Subsection (3) substituted by No. 52 of 1995, s. 3 and Sched. 1 ]TOTE Tasmania may–(a) [Section 57E Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57E Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] only if the Minister approves, establish in a totalizator district or a part of the State proposed to be proclaimed a totalizator district premises at or in which bets may be made with TOTE Tasmania in accordance with this Act on any sporting contingency relating to a horse race or greyhound racing event or, if the Minister approves, relating to any other race or event; and
(b) conduct only those betting competitions of such kinds or classes as are prescribed in the regulations.
(4) [Section 57E Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57E Subsection (4) inserted by No. 40 of 1983, s. 9 ]An approved betting competition of a kind or class referred to in subsection (3) (b) shall be conducted by TOTE Tasmania in accordance with the conditions prescribed in the regulations in respect of a betting competition of that kind or class.
(5) [Section 57E Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (5) omitted by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57E Subsection (5) inserted by No. 83 of 1999, s. 48, Applied:01 Dec 1999] TOTE Tasmania may –(a) make grants or loans at such interest and on such terms as it may determine, for or in relation to the administration, maintenance, or improvement of horse-racing or greyhound racing in Tasmania and may take mortgages or such other securities as it considers adequate to secure such a loan; and
(b) undertake and contract for capital improvement to, or maintenance of, a racecourse; and
(c) purchase, lease, maintain, develop and otherwise deal with properties and facilities for the conduct of race meetings or for the training of horses for horse racing and dogs for greyhound racing and charge fees for the use of those properties or facilities.
(6) [Section 57E Subsection (6) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (6) inserted by No. 83 of 1999, s. 48, Applied:01 Dec 1999] A grant or loan under subsection (5)(a) or an undertaking under subsection (5)(b) may be made unconditionally or subject to such conditions as TOTE Tasmania may impose and, without limiting the generality of this subsection, the conditions, in the case of a grant or a loan to a club, may relate to the administration of the club, capital improvements to and maintenance of racecourses, the payment of stake money and the provision of facilities for the training of horses for horse racing and dogs for greyhound racing.
(7) [Section 57E Subsection (7) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57E Subsection (7) inserted by No. 83 of 1999, s. 48, Applied:01 Dec 1999] TOTE Tasmania must determine the grant that it will make available to each Council in each racing year and that grant is to be expended by that Council for such purposes, and in such respective amounts, as TOTE Tasmania may approve.
57EA. Power to enter into other business agreements, &c.
[Section 57EA Inserted by No. 108 of 1995, s. 5 ]
(1) [Section 57EA Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57EA Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] In this section, core business means the functions and powers that TOTE Tasmania is authorised to perform and exercise under section 57E .
(2) [Section 57EA Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57EA Subsection (2) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] TOTE Tasmania may, with the written authority of the Minister and the Treasurer, enter into business agreements and arrangements of a kind not authorised under section 57E .
(3) [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] The Minister and the Treasurer must not authorise TOTE Tasmania to enter into a business agreement or arrangement pursuant to subsection (2) unless the Minister and the Treasurer are satisfied that the proposed business agreement or arrangement–(a) [Section 57EA Subsection (3) amended by No. 83 of 1999, s. 49, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] is related in some way to TOTE Tasmania's core business; and
(b) is reasonably likely to do one or more of the following:(i) [Section 57EA Subsection (3) amended by No. 83 of 1999, s. 49, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] benefit the promotion of TOTE Tasmania's core business;
(ii) [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] improve the efficiency or effectiveness of any service or facility provided by TOTE Tasmania as part of its core business;
(iii) [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] create an opportunity for TOTE Tasmania to expand its core business;
(iv) [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] enable TOTE Tasmania to participate in a scheme or arrangement in conjunction with a body outside Tasmania that has similar functions to TOTE Tasmania, to the benefit of its core business;
(v) [Section 57EA Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57EA Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] enable TOTE Tasmania to improve its managerial, administrative or technological efficiency or effectiveness.
57F. Power to enter into agreements with totalizator bodies in other States or Territories
[Section 57F Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57F Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57F Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] For the purposes of this section, body means a board or other body having powers and functions similar to those of TOTE Tasmania, and includes a club.
(2) [Section 57F Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57F Subsection (2) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] TOTE Tasmania may enter into an agreement in accordance with this section with a body in another State or in a Territory of the Commonwealth that is authorised by a law of that State or Territory to conduct or provide totalizator betting.
(3) An agreement entered into under subsection (2) may provide that –(a) [Section 57F Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57F Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] the body in the other State or Territory will place bets transmitted to it by TOTE Tasmania on a totalizator conducted by it and return to TOTE Tasmania such dividends in respect of winning bets so transmitted to it as are declared by the totalizator on which the bets were placed;
(b) [Section 57F Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57F Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] that body will return to TOTE Tasmania such amount as commission out of the amount of the bets received by that body from TOTE Tasmania as is agreed on between that body and TOTE Tasmania;
(c) [Section 57F Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57F Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] TOTE Tasmania will accept any bets transmitted to it by that body on the totalizator conducted by TOTE Tasmania and return to that body the dividends payable in respect of the winning bets placed with TOTE Tasmania in accordance with this paragraph; and
(d) [Section 57F Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57F Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] TOTE Tasmania will return to that body such amount as commission out of the amount of bets received by TOTE Tasmania from that body as is agreed on between that body and TOTE Tasmania.
57FA. International totalizator betting pools
[Section 57FA Inserted by No. 23 of 2004, s. 4, Applied:14 Jul 2004]
(1) TOTE Tasmania may, with the written authority of the Minister and the Treasurer, enter into an agreement in accordance with this section with a person or body that is authorised under the law of an overseas country (or group of countries) to conduct totalizator betting in that overseas country (or group of countries) or internationally.
(2) An agreement entered into under subsection (1) may provide –(a) that the international business partner will place bets transmitted to it by TOTE Tasmania on a totalizator conducted by the international business partner and return to TOTE Tasmania such dividends in respect of winning bets so transmitted to it as are declared by the totalizator on which the bets are placed; and
(b) that the international business partner will, out of the amount of the bets it receives from TOTE Tasmania, return to TOTE Tasmania such amount by way of commission as the international business partner and TOTE Tasmania agree; and
(c) that TOTE Tasmania will accept bets transmitted to it by the international business partner on a totalizator conducted by TOTE Tasmania (or by another of TOTE Tasmania's business partners) and return to the international business partner the dividends payable in respect of the winning bets so transmitted to TOTE Tasmania; and
(d) that TOTE Tasmania will, out of the amount of the bets TOTE Tasmania receives from the international business partner, return to the international business partner such amount by way of commission as TOTE Tasmania and the international business partner agree; and
(e) for such other terms and conditions, as are not repugnant to any relevant Act, as TOTE Tasmania and the international business partner agree.
(3) TOTE Tasmania may, from its total receipts for any class of totalizator betting, deduct such amount by way of commission as the Minister responsible for administering the Gaming Control Act 1993 and the Treasurer from time to time authorise.
(4) Notwithstanding subsection (3) , the maximum rate of commission that TOTE Tasmania may be authorised to deduct from its total receipts for any class of totalizator betting pursuant to that subsection is 25% of those receipts or, if another percentage is prescribed, the prescribed percentage.
(5) In this section –business partner means –(a) a body that TOTE Tasmania has an agreement with under section 57F ; or
(b) an international business partner;
international business partner means a person or body that TOTE Tasmania has an agreement with under subsection (1) ;
receipts means receipts under an agreement entered into pursuant to subsection (1) ;
relevant Act means –(a) this Act; or
(b) the TOTE Tasmania Act 2000 ; or
(c) a prescribed Act.
57G. Classes of totalizator
[Section 57G Inserted by No. 1 of 1974, s. 22 ][Section 57G Subsection (1) amended by No. 99 of 1993, s. 5 ]
(1) [Section 57G Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57G Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57G Subsection (1) amended by No. 40 of 1983, s. 10 ]Notwithstanding any other law or rule of law to the contrary, subject to this Act there may be lodged with, and TOTE Tasmania may receive, bets in respect of approved sporting contingencies, whether the races or events on which those contingencies are dependent are conducted in this State or elsewhere–(a) in the course of the conduct of a–(i) win;
(ii) place;
(iii) doubles;
(iv) treble;
(v) quadrella;
(vi) quinella;
(vii) straight 6;
(viii) superfecta; and
(ix) trifecta–
totalizator and such other class (if any) of totalizator as may be prescribed; and
(b) [Section 57G Subsection (1) amended by No. 23 of 2004, s. 5, Applied:14 Jul 2004] in pursuance of an agreement entered into as provided by section 57F in relation to a totalizator being conducted in another State or in a Territory of the Commonwealth; and
(c) [Section 57G Subsection (1) amended by No. 23 of 2004, s. 5, Applied:14 Jul 2004] in pursuance of an agreement entered into as provided by section 57FA in relation to a totalizator conducted in an overseas country (or group of countries) or internationally.
(2) [Section 57G Subsection (2) amended by No. 40 of 1983, s. 10 ]Where more machines, instruments, or branches than one are used for the issue of tickets for the purposes of a totalizator of any class, all moneys paid by bettors in respect of any particular approved sporting contingency at or on all those machines, instruments, and branches, shall be added together for the purpose of determining the dividend or dividends payable in respect of the result of the race or event on which that contingency is dependent, but shall be kept separate from moneys paid into a totalizator of any other class.
57H. Betting on totalizators
[Section 57H Inserted by No. 1 of 1974, s. 22 ][Section 57H Amended by No. 93 of 1974, s. 4 ][Section 57H Amended by No. 40 of 1983, s. 11 and s. 31 and Sched. 1 ][Section 57H Amended by No. 22 of 1990, s. 17 ][Section 57H Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57H Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] An amount of 50 cents or such greater amounts as TOTE Tasmania with the approval of the Minister may from time to time determine, or any multiple of any of the amounts so specified or determined shall, subject to this Act, be accepted by TOTE Tasmania as a bet on any approved sporting contingency in respect of which TOTE Tasmania is conducting totalizator betting.
57J. Payment of dividends
[Section 57J Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57J Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57J Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Subject to section 57L , a dividend payable in respect of any bet is payable, in accordance with this Act and the rules, at the totalizator branch where the bet was received or at any of such other places as TOTE Tasmania may determine in that behalf.
(2) [Section 57J Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57J Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Notwithstanding subsection (1) , if, before payment of a dividend payable at a totalizator branch, that branch is discontinued, that dividend may be paid at or from the principal office of TOTE Tasmania.
(3) [Section 57J Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57J Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57J Subsection (3) substituted by No. 40 of 1983, s. 12 ]Where bets on an approved sporting contingency have been accepted by TOTE Tasmania, the dividends payable in respect of those bets shall be paid as soon as practicable after TOTE Tasmania is satisfied that an official decision or official result has been given with respect to the race or event on which the contingency is dependent.
57K. Manner of betting with TOTE Tasmania
[Section 57K Inserted by No. 1 of 1974, s. 22 ][Section 57K Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]
(1) [Section 57K Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57K Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57K Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A bet shall not be accepted by a prescribed employee of TOTE Tasmania unless the person making the bet–(a) deposits the amount of the bet in cash at a totalizator branch; or
(b) [Section 57K Subsection (1) amended by No. 107 of 1999, s. 4, Applied:22 Dec 1999] makes the bet by letter sent through the post or by telegram or telephone message received at a totalizator branch and the conditions set out in subsection (2) have been complied with; or
(c) [Section 57K Subsection (1) amended by No. 107 of 1999, s. 4, Applied:22 Dec 1999] makes the bet by electronic means and the conditions set out in subsection (2) have been complied with.
(2) [Section 57K Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57K Subsection (2) amended by No. 107 of 1999, s. 4, Applied:22 Dec 1999] [Section 57K Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57K Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A bet made by letter, telegram, telephone message or electronic means must not be accepted by a prescribed employee of TOTE Tasmania unless–(a) [Section 57K Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57K Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] the person making the bet has established with TOTE Tasmania, in accordance with the rules, a deposit account sufficient to pay the amount of the bet and has maintained that account up to the time of making the bet in accordance with those rules; or
(b) where the bet is made by letter or telegram, the amount of the bet has been paid or transmitted to the totalizator branch where the letter or telegram is received.
(3) No dividend shall be payable, nor shall any action, claim, or demand be allowed for or in respect of any bet placed or purporting to have been placed in violation of this section.
(4) [Section 57K Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57K Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57K Subsection (4) amended by No. 40 of 1983, s. 13 ]No prescribed employee of TOTE Tasmania shall refuse to accept a bet offered to be made with TOTE Tasmania solely on the result of one particular race or one particular event on which an approved sporting contingency is dependent merely on the ground that the offer was made after a specified time if the offer was made at least 30 minutes before the time advertised as the starting time of that race or event or at such later time as may be prescribed as the closing time for the receipt of that bet pursuant to section 57ZR (1) (e) .
57L. Deposit accounts
[Section 57L Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57L Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57L Subsection (1) substituted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] In this section –authorised deposit-taking institution means a body corporate that is an authorised deposit-taking institution for the purposes of the Banking Act 1959 of the Commonwealth;
credit card means a card, issued by an authorised deposit-taking institution, that enables the holder of the card to do either or both of the following:(a) electronically operate a savings or other account with that institution;
(b) electronically obtain money on credit from that institution.
(1A) [Section 57L Subsection (1A) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A person may, in accordance with the rules –(a) [Section 57L Subsection (1A) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] establish and maintain a deposit account with TOTE Tasmania; and
(b) close any such deposit account.
(1B) [Section 57L Subsection (1B) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] [Section 57L Subsection (1B) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A payment to establish or maintain a deposit account may, subject to the rules, be made to TOTE Tasmania –(a) in person or by postal or electronic means; or
(b) [Section 57L Subsection (1B) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] by another means approved by TOTE Tasmania.
(1C) [Section 57L Subsection (1C) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] [Section 57L Subsection (1C) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] If the payment is made by electronic means, those means may include the use of a credit card approved by TOTE Tasmania.
(1D) [Section 57L Subsection (1D) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A payment to establish a deposit account is to be at least –(a) $50.00 or a prescribed amount, whichever is greater, if the payment is made by means of a credit card; or
(b) $5.00 or a prescribed amount, whichever is greater, if the payment is made by other means.
(1E) [Section 57L Subsection (1E) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A payment to maintain a deposit account –(a) is to be at least $50.00 or a prescribed amount, whichever is greater, if the payment is made by means of a credit card; or
(b) may be for any amount if the payment is made by other means.
(1F) [Section 57L Subsection (1F) amended by No. 88 of 2000, Sched. 1, Applied:05 Mar 2001] [Section 57L Subsection (1F) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A person may use money standing to the credit of the person's deposit account to make bets with TOTE Tasmania and any dividends that are due to the person in respect of such bets are to be credited to the account.
(1G) [Section 57L Subsection (1G) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57L Subsection (1G) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] Subject to subsections (1J) and (3) , TOTE Tasmania must, on request in accordance with the rules, pay the whole or any part of the amount standing to the credit of a person's deposit account to that person.
(1H) [Section 57L Subsection (1H) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] If the person requests that the whole of the amount be paid out, the account is taken to have been closed.
(1J) [Section 57L Subsection (1J) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57L Subsection (1J) inserted by No. 107 of 1999, s. 5, Applied:22 Dec 1999] A person who pays an amount of money to TOTE Tasmania by means of a credit card for the purpose of establishing or maintaining a deposit account is not entitled to withdraw or transfer that amount, or authorise the withdrawal or transfer of that amount, from the account unless the person is closing the account.
(2) [Section 57L Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57L Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57L Subsection (2) amended by No. 12 of 1998, s. 4, Applied:22 May 1998] If no bets are made with TOTE Tasmania by a person on a deposit account established by him under this section for a period of 9 months, TOTE Tasmania shall, by letter posted to his last-known address, notify the person of the amount standing to his credit.
(3) [Section 57L Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57L Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] If, within the period of 3 months after the posting of the notification referred to in subsection (2) , the person does not claim payment of the amount standing to his credit and no bets have been made in respect of his deposit account, TOTE Tasmania is not liable to refund any amount of money standing to the credit of that person in the account.
57M. Deduction of commission and declared payment of dividends
[Section 57M Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57M Subsection (1) substituted by No. 37 of 1992, s. 6 ]In this section –competitor includes a team;
[Section 57M Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57M Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] total receipts means, in relation to an approved sporting contingency for which TOTE Tasmania conducts totalizator betting, the total amount of money that is paid to TOTE Tasmania by bettors in this State or elsewhere in respect of that approved sporting contingency less any amount that is refundable to such bettors by reason of the cancellation of bets or otherwise.
(1A) [Section 57M Subsection (1A) amended by No. 23 of 2004, s. 6, Applied:14 Jul 2004] [Section 57M Subsection (1A) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (1A) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57M Subsection (1A) inserted by No. 37 of 1992, s. 6 ][Section 57M Subsection (1A) amended by No. 99 of 1993, s. 6 ]TOTE Tasmania must, in respect of each approved sporting contingency for which it conducts totalizator betting (other than pursuant to an agreement under section 57FA ), deduct as commission from the total receipts–(a) [Section 57M Subsection (1A) amended by No. 24 of 1998, s. 5, Applied:01 Jul 1998] an amount equal to 14.25% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the win totalizator; and
(b) [Section 57M Subsection (1A) amended by No. 24 of 1998, s. 5, Applied:01 Jul 1998] an amount equal to 14.25% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the place totalizator; and
(c) an amount equal to 17% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the daily double totalizator; and
(d) an amount equal to 17% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the consolation double totalizator; and
(e) [Section 57M Subsection (1A) amended by No. 24 of 1998, s. 5, Applied:01 Jul 1998] an amount equal to 16.5% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the forecast totalizator; and
(f) [Section 57M Subsection (1A) amended by No. 24 of 1998, s. 5, Applied:01 Jul 1998] an amount equal to 19% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet in the trifecta totalizator; and
(g) an amount equal to 15% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the quinella totalizator; and
(h) an amount equal to 19% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the quadrella totalizator; and
(i) an amount equal to 17% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the straight 6 totalizator; and
(j) an amount equal to 20% or, if another percentage is prescribed, the prescribed percentage of the total amount of any money bet on the superfecta totalizator.
(1B) [Section 57M Subsection (1B) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (1B) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57M Subsection (1B) inserted by No. 37 of 1992, s. 6 ]Where TOTE Tasmania conducts totalizator betting in respect of an approved sporting contingency relating to a race or event other than a horse or greyhound race, the provisions of subsection (1A) apply to that approved sporting contingency in the same manner, but with such modifications as may be prescribed, as if that approved sporting contingency were a horse or greyhound race.
(1C) [Section 57M Subsection (1C) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (1C) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57M Subsection (1C) inserted by No. 37 of 1992, s. 6 ]TOTE Tasmania must, after deducting the commission referred to in subsection (1A) from the total receipts in respect of each approved sporting contingency for which it conducts totalizator betting–(a) declare the balance of the total receipts to be the amount available for the payment of dividends for that approved sporting contingency; and
(b) subject to this section– pay out the dividends to the persons entitled to them.
(2) [Section 57M Subsection (2) amended by No. 37 of 1992, s. 6 ]The dividends to be paid as required by subsection (1C) shall be calculated so that the distributive share of each person entitled to share in a dividend shall in no case be less by 5 cents than the exact amount arrived at by dividing the distributable amount by the total number of tickets held by the persons so entitled.
(3) [Section 57M Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57M Subsection (3) substituted by No. 40 of 1983, s. 14 ]The amount held by TOTE Tasmania by reason of the non-payment of a fraction of 5 cents referred to in subsection (2) in respect of an approved sporting contingency on which it conducts totalizator betting shall be paid by TOTE Tasmania into the Dividends Adjustment Account provided pursuant to section 57N .
(4) [Section 57M Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57M Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57M Subsection (4) amended by No. 40 of 1983, s. 14 ][Section 57M Subsection (4) amended by No. 37 of 1992, s. 6 ]Where the amount invested on a totalizator conducted by TOTE Tasmania in respect of any approved sporting contingency, after the deduction referred to in subsection (1A) has been made, is insufficient to enable a dividend, calculated in accordance with the rules, of at least 50 cents to be paid, subject to subsection (5) , the amount of 50 cents shall nevertheless be declared and payable as such dividend and the difference between the amount of the dividend as so calculated and 50 cents shall be made good from the Dividends Adjustment Account.
(5) [Section 57M Subsection (5) substituted by No. 40 of 1983, s. 14 ]Notwithstanding subsection (4) , where 2 or more competitors fill any one place in the race or event on which an approved sporting contingency is dependent (including first place) and, in consequence, dividends ascertained in accordance with the rules referred to in that subsection become payable in respect of more competitors or in respect of more combinations of competitors than if only one competitor had filled that place, the dividend so ascertained shall be the dividend to be declared and payable in respect of each of those competitors, or in respect of each such combination, notwithstanding that such a dividend might be less than 50 cents.
(6) [Section 57M Subsection (6) inserted by No. 99 of 1993, s. 6 ]If the dividend ascertained under subsection (5) is less than 25 cents, the amount of 25 cents is nevertheless to be declared and payable as such dividend and the difference between the amount of the dividend so ascertained and 25 cents is to be made good from the Dividends Adjustment Account.
57N. Dividends Adjustment Account
[Section 57N Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57N Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (1) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] TOTE Tasmania shall provide in its books an account called the Dividends Adjustment Account.
(2) [Section 57N Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Where an amount is incorrectly distributed as a dividend in respect of a bet made with TOTE Tasmania and that amount is greater than the amount of the dividend that should have been distributed, the amount of the difference shall be debited against the Dividends Adjustment Account.
(3) [Section 57N Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Where an amount is incorrectly distributed as a dividend in respect of a bet made with TOTE Tasmania and that amount is less than the amount of the dividend that should have been distributed, the amount of the difference shall be credited to the Dividends Adjustment Account.
(4) [Section 57N Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Where the amount of the dividend declared in respect of a bet made with TOTE Tasmania is less than 50 cents and TOTE Tasmania distributes an amount of 50 cents as a dividend by reason of section 57M (4) in respect of that bet, the amount of the difference between the amount of 50 cents and the amount of the dividend declared to be payable in respect of that bet shall be debited against the Dividends Adjustment Account.
(5) [Section 57N Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57N Subsection (5) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] Any balance standing to the credit or debit of the Dividends Adjustment Account at the end of each financial year shall, within two months thereafter, be transferred to or made good from (as the case requires) the revenue account of TOTE Tasmania.
57P. Unclaimed dividends and refunds
[Section 57P Substituted by No. 19 of 1979, s. 3 ]
(1) [Section 57P Subsection (1) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57P Subsection (1) amended by No. 83 of 1999, s. 50, Applied:01 Dec 1999] [Section 57P Subsection (1) amended by No. 83 of 1983, s. 23 ][Section 57P Subsection (1) amended by No. 22 of 1990, s. 17 ]Where–(a) a dividend is payable under this Part in respect of an investment made on a totalizator; or
(b) a refund of the amount or part of the amount of that investment, made before or after the commencement of the Racing and Gaming Amendment Act 1979 , is payable to the bettor in accordance with regulations made under this Act–
and the dividend or refund is not claimed by or on behalf of the person entitled to the dividend or refund within the period of 6 months after it becomes payable, the amount of that dividend or refund is to be included in the amount set aside under section 57QD .
(2) The right of the holder of a ticket to which this section relates, or a person claiming through him, to recover payment of a dividend or refund in respect of that ticket shall be barred after the expiration of 6 months from the day on which the dividend or refund became payable, and no action shall thereafter be maintainable in any court for the recovery of that dividend or refund.
57Q. TOTE to retain commission as revenue
[Section 57Q Substituted by No. 90 of 1980, s. 5 ][Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 83 of 1983, s. 24 ][Section 57Q Subsection (1) amended by No. 36 of 1984, s. 5 ][Section 57Q Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57Q Subsection (1) amended by No. 40 of 1990, s. 24 ][Section 57Q Subsection (1) amended by No. 37 of 1992, s. 7 ][Section 57Q Subsection (1) amended by No. 99 of 1993, s. 7 ][Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, Sched. 5, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (1) amended by No. 21 of 2000, s. 28, Applied:01 Jul 2000] [Section 57Q Subsection (1) amended by No. 24 of 1998, s. 6, Applied:01 Jul 1998] [Section 57Q Subsection (1) amended by No. 83 of 1999, s. 51, Applied:01 Dec 1999] [Section 57Q Subsection (2) omitted by No. 36 of 1984, s. 5 ][Section 57Q Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57Q Subsection (3) amended by No. 40 of 1983, s. 15 ][Section 57Q Subsection (3) amended by No. 36 of 1984, s. 5 ][Section 57Q Substituted by No. 88 of 2000, s. 15, Applied:05 Mar 2001] TOTE Tasmania is to retain as revenue any amount deducted as commission under section 57M(1A) .
57QA.
[Section 57QA Inserted by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57QA Repealed by No. 23 of 2004, s. 7, Applied:01 Jul 2003] . . . . . . . .
57QB.
[Section 57QB Inserted by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57QB Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
57QC.
[Section 57QC Inserted by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57QC Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
57QD.
[Section 57QD Inserted by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57QD Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
57R.
[Section 57R Inserted by No. 1 of 1974, s. 22 ][Section 57R Amended by No. 71 of 1975, s. 5 ][Section 57R Amended by No. 40 of 1983, s. 16 ][Section 57R Amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57R Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
57RA. Calculation of prizes in approved betting competitions
[Section 57RA Inserted by No. 40 of 1983, s. 17 ]
(1) The following provisions apply in respect of each approved betting competition:(a) [Section 57RA Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57RA Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] TOTE Tasmania shall, for the purpose of calculating the amounts of the prizes in that competition, deduct the prescribed percentage of the total amount paid by persons who are entrants in that competition;
(b) [Section 57RA Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57RA Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] after deducting the prescribed percentage of that total amount, TOTE Tasmania shall, in such manner as is prescribed in the regulations–(i) dispose of that percentage; and
(ii) calculate the amounts of those prizes; and
(c) [Section 57RA Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57RA Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] after calculating the amounts of those prizes, TOTE Tasmania shall pay those prizes to the persons entitled to them.
(2) Regulations made for the purposes of –(a) subsection (1) (a) may prescribe different percentages in respect of different approved betting competitions; or
(b) subsection (1) (b) may prescribe –(i) different manners of calculating the amounts of the prizes in different approved betting competitions; and
(ii) for or in respect of the rounding off of those amounts to prescribed fractions of a dollar.
57S.
[Section 57S Inserted by No. 1 of 1974, s. 22 ][Section 57S Amended by No. 40 of 1983, s. 18 ][Section 57S Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57S Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57S Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
57T.
[Section 57T Substituted by No. 104 of 1977, s. 4 ][Section 57T Subsection (1) amended by No. 40 of 1983, s. 19 ][Section 57T Subsection (1) amended by No. 83 of 1983, s. 25 ][Section 57T Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57T Subsection (1) amended by No. 37 of 1992, s. 8 ][Section 57T Subsection (1) substituted by No. 83 of 1999, s. 52, Applied:01 Dec 1999] [Section 57T Subsection (3) amended by No. 40 of 1991, s. 74 ][Section 57T Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57T Repealed by No. 88 of 2000, s. 15, Applied:05 Mar 2001] . . . . . . . .
57TA.
[Section 57TA Repealed by No. 104 of 1977, s. 5 ]. . . . . . . .
Division III - Totalizator betting by clubs
57U. Totalizator licences
[Section 57U Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57U Subsection (1) amended by No. 105 of 2001, s. 4, Applied:17 Dec 2001] [Section 57U Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57U Subsection (1) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57U Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57U Subsection (1) amended by No. 89 of 1985, s. 4 ][Section 57U Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57U Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Subject to this Part, TOTE Tasmania may grant to a club committee a totalizator licence authorising the club committee during the period specified therein to conduct totalizator betting on such racecourses, and on such days other than Christmas Day or Good Friday, as may be specified in the licence, on and subject to such terms and conditions as are specified in the licence.
(2) [Section 57U Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57U Subsection (2) amended by No. 83 of 1999, s. 53, Applied:01 Dec 1999] [Section 57U Subsection (2) inserted by No. 91 of 1994, s. 3 ][Section 57U Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57U Subsection (2) omitted by No. 105 of 2001, s. 4, Applied:17 Dec 2001] . . . . . . . .
(2A) [Section 57U Subsection (2A) inserted by No. 91 of 1994, s. 3 ][Section 57U Subsection (2A) omitted by No. 20 of 1997, s. 4, Applied:28 Jun 1997] . . . . . . . .
(3) [Section 57U Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57U Subsection (3) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57U Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57U Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 57U Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where a race meeting is postponed or abandoned, the totalizator licence granted in respect thereof may be altered by TOTE Tasmania to apply to any day to which the meeting is postponed or which is allotted for conducting a meeting in place of the meeting so abandoned.
(4) [Section 57U Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57U Subsection (4) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57U Subsection (4) amended by No. 85 of 1976, s. 3 ][Section 57U Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57U Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 57U Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where a club committee applies to have specified in a totalizator licence a day that, in the opinion of TOTE Tasmania, is generally recognized by the public as set apart for holding an annual function in connection with some recognized sport other than horse-racing, and that function is to be held within a radius of 40 kilometres from the racecourse in respect of which the application is made, TOTE Tasmania may, in its absolute discretion, refuse to specify that day in a totalizator licence as a day on which totalizator betting may be conducted by the club committee.
(5) [Section 57U Subsection (5) inserted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] Despite any law or rule of law to the contrary, it is lawful for a club to conduct totalizator betting under a totalizator licence granted by TOTE Tasmania to the club's committee pursuant to this section.
57V. Restriction on issue of totalizator licences
[Section 57V Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57V Subsection (1) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 57V Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57V Subsection (1) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57V Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57V Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57V Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]No totalizator licence shall be granted by TOTE Tasmania other than to a club committee of a club registered under the Racing Regulation Act 2004 .
(2) [Section 57V Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57V Subsection (2) amended by No. 88 of 2000, s. 15, Applied:05 Mar 2001] [Section 57V Subsection (2) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57V Subsection (2) amended by No. 83 of 1999, s. 54, Applied:01 Dec 1999] [Section 57V Subsection (2) amended by No. 83 of 1983, s. 26 and s. 31 and Sched. 1 ][Section 57V Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 57V Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]If TOTE Tasmania is not satisfied that a club committee to which a totalizator licence is granted has applied any moneys, retained by the club committee by way of commission or otherwise, in accordance with the provisions of this Part, TOTE Tasmania shall not grant any further totalizator licences to that club committee and may revoke any existing licence until it has made such restitution as in TOTE Tasmania's opinion will satisfy the requirements of this Act.
57W. Classes of totalizator
[Section 57W Inserted by No. 1 of 1974, s. 22 ][Section 57W Amended by No. 52 of 1995, s. 3 and Sched. 1 ]The classes of totalizator that a club committee may conduct shall be those specified in section 57G , and the provisions of subsection (2) of that section shall be applied in the conduct of a totalizator by a club committee.
57X. Co-ordination with TOTE Tasmania and payment of dividends by clubs
[Section 57X Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57X Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57X Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57X Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57X Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Subject to subsection (2) , a club committee shall, in accordance with the rules or as TOTE Tasmania may direct, communicate to TOTE Tasmania the total amount paid to the club committee by bettors in relation to each horse race or greyhound racing event in respect of which the club committee conducts totalizator betting.
(2) [Section 57X Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57X Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] A club committee shall not be required to conform to subsection (1) in any case in which TOTE Tasmania is not conducting totalizator betting in respect of a race or event referred to in that subsection.
(3) [Section 57X Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57X Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57X Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 57X Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]In calculating for the purposes of section 57M the total amount paid by bettors in relation to any horse race or greyhound racing event, TOTE Tasmania shall include the amounts communicated to it as required by subsection (1) .
(4) [Section 57X Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57X Subsection (4) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57X Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 57X Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]TOTE Tasmania shall, after calculating the dividends to be paid in respect of a horse race or greyhound racing event, communicate the amount thereof to any club committee which gave it information as required by subsection (1) and the dividend to be paid by the club committee shall be in accordance with the amount so communicated.
57Y. Provisions relating to TOTE Tasmania of application to committees conducting totalizator betting
[Section 57Y Inserted by No. 1 of 1974, s. 22 ][Section 57Y Amended by No. 19 of 1979, s. 4 ][Section 57Y Amended by No. 37 of 1992, s. 9 ][Section 57Y Amended by No. 52 of 1995, s. 3 and Sched. 1 ]The provisions of –(a) section 57M (as to deduction of commission and payment of dividends);
(b) section 57P (as to unclaimed dividends or unclaimed refunds); and
(c) [Section 57Y Amended by No. 88 of 2000, s. 16, Applied:05 Mar 2001] section 57Q (as to disbursement of totalizator commission) –
shall apply to a club committee that conducts totalizator betting as if –(d) [Section 57Y Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57Y Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] a reference therein to TOTE Tasmania were a reference to the club committee;
(e) a reference therein to unclaimed dividends or unclaimed refunds were a reference to unclaimed dividends or unclaimed refunds in the hands of the club committee; and
(f) a reference therein to a revenue account were a reference to a revenue account maintained by the club committee.
57YA.
[Section 57YA Inserted by No. 19 of 1979, s. 5 ][Section 57YA Amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57YA Amended by No. 22 of 1990, s. 17 ][Section 57YA Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57YA Amended by No. 83 of 1999, s. 55, Applied:01 Dec 1999] [Section 57YA Substituted by No. 21 of 2000, s. 29, Applied:01 Jul 2000] [Section 57YA Repealed by No. 88 of 2000, s. 16, Applied:05 Mar 2001] . . . . . . . .
57Z.
[Section 57Z Inserted by No. 1 of 1974, s. 22 ][Section 57Z Subsection (1) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57Z Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57Z Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 57Z Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57Z Repealed by No. 88 of 2000, s. 16, Applied:05 Mar 2001] . . . . . . . .
57ZA.
[Section 57ZA Inserted by No. 1 of 1974, s. 22 ][Section 57ZA Amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZA Amended by No. 22 of 1990, s. 17 ][Section 57ZA Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 57ZA Amended by No. 83 of 1999, s. 56, Applied:01 Dec 1999] [Section 57ZA Repealed by No. 88 of 2000, s. 16, Applied:05 Mar 2001] . . . . . . . .
57ZB.
[Section 57ZB Inserted by No. 1 of 1974, s. 22 ][Section 57ZB Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57ZB Substituted by No. 83 of 1999, s. 57, Applied:01 Dec 1999] [Section 57ZB Repealed by No. 88 of 2000, s. 16, Applied:05 Mar 2001] . . . . . . . .
57ZC. Time for closing totalizators
[Section 57ZC Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57ZC Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Except as provided by subsection (2) , a club committee conducting a totalizator shall cause the totalizator to be closed at the time advertised for the starting of each race, and shall not sell or permit to be sold therefrom a ticket in respect of a race after the time so advertised or, where the time is extended, after the extended time.
(2) [Section 57ZC Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where it is impracticable for any reason to start a race at the time advertised for the starting of that race, the club committee, with the consent of the supervisor appointed under section 57ZF having the supervision of the totalizator, may alter the starting times for that race and for any subsequent race on that day and thereupon the times as so altered shall be the respective times for the closing of the totalizator as required by subsection (1) .
57ZD. TOTE Tasmania may conduct totalizator betting on behalf of committee
[Section 57ZD Inserted by No. 1 of 1974, s. 22 ][Section 57ZD Subsection (2) amended by No. 50 of 1996, s. 11 ]
(1) [Section 57ZD Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZD Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZD Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A club committee, being the holder of a totalizator licence, may request TOTE Tasmania to conduct totalizator betting for and on behalf of the club committee.
(2) [Section 57ZD Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]A request under subsection (1) may be in respect of one race meeting or betting-only meeting or of more than one race meeting or betting-only meeting to be conducted by the club committee making the request, or of all race meetings and betting-only meetings to be so conducted.
(3) [Section 57ZD Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZD Subsection (3) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZD Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where TOTE Tasmania complies with a request under this section, it may, subject to this Act in relation to club committees and clubs, conduct totalizator betting for and on behalf of the club committee making the request in premises and using facilities provided by that club committee and, in relation to TOTE Tasmania so conducting totalizator betting, references in this Act to a club committee shall be deemed to include a reference to TOTE Tasmania.
57ZE. TOTE Tasmania may provide off-course facilities in relation to totalizator betting by club committees
[Section 57ZE Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57ZE Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZE Subsection (1) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] TOTE Tasmania may, at such branches as it thinks fit, act as the agent of a club committee which is the holder of a totalizator licence in relation to totalizator betting being conducted by the club committee.
(2) [Section 57ZE Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZE Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZE Subsection (2) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZE Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]When acting as an agent for a club committee TOTE Tasmania shall communicate to the club committee the total amount paid to TOTE Tasmania by bettors in relation to each horse race or greyhound racing event in respect of which the club committee conducts totalizator betting.
(3) [Section 57ZE Subsection (3) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZE Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ]In calculating for the purposes of section 57Y (a) the total amount paid by bettors in relation to any horse race or greyhound racing event, a club committee shall include any amounts communicated to it under subsection (2) .
(4) [Section 57ZE Subsection (4) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZE Subsection (4) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZE Subsection (4) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZE Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Where TOTE Tasmania is acting as the agent of a club committee, the club committee shall, after calculating the dividends to be paid in respect of a horse race or greyhound racing event, communicate the amount thereof to TOTE Tasmania.
(5) [Section 57ZE Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZE Subsection (5) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZE Subsection (5) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZE Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ]When TOTE Tasmania acts as an agent for a club committee under this section in respect of any horse race or greyhound racing event, TOTE Tasmania shall, for the purpose of section 57M in relation to deductions from money paid by bettors to TOTE Tasmania, and section 57Q , be deemed to be conducting totalizator betting in respect of that horse race or greyhound racing event.
Division IV - Supervision of totalizators; Offences in relation to totalizators
57ZF. Supervision of totalizators
[Section 57ZF Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57ZF Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZF Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZF Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZF Subsection (1) amended by No. 22 of 1990, s. 17 ]The conduct of totalizator betting on a racecourse (not being totalizator betting being conducted by TOTE Tasmania under section 57ZD ) shall be under the direct supervision of such persons as may be appointed by TOTE Tasmania in that behalf, (which appointments TOTE Tasmania is by this section authorised to make) in this section referred to as "supervisors".
(2) [Section 57ZF Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZF Subsection (2) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57ZF Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZF Subsection (2) amended by No. 22 of 1990, s. 17 ]Each supervisor shall receive such fee as TOTE Tasmania may in each case determine.
(3) [Section 57ZF Subsection (3) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZF Subsection (3) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57ZF Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZF Subsection (3) amended by No. 22 of 1990, s. 17 ]The fees to be paid to supervisors shall be paid by TOTE Tasmania as part of the costs of the administration of this Act.
(4) [Section 57ZF Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Supervisors shall, at all times, have free access to totalizators conducted by club committees and shall be entitled to inspect and check all moneys, books, tickets, vouchers, and other documents in, or used in connection with, those totalizators.
(5) [Section 57ZF Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZF Subsection (5) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 57ZF Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 57ZF Subsection (5) amended by No. 22 of 1990, s. 17 ]A supervisor shall furnish a report to TOTE Tasmania as to the working of a totalizator at any time under his supervision and the conduct of the persons in charge of it.
57ZG. Prohibition of conduct of totalizator betting except by TOTE Tasmania or under licence
[Section 57ZG Inserted by No. 1 of 1974, s. 22 ][Section 57ZG Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 57ZG Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 57ZG Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57ZG Amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZG Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] No person (other than a prescribed employee of TOTE Tasmania duly authorised in that behalf) shall, except under the authority of a totalizator licence granted under this Part, conduct totalizator betting or cause or permit totalizator betting to be conducted.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months in respect of a first offence and a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months in respect of a subsequent offence.
57ZH. Offences in relation to conduct of totalizator betting under licence
[Section 57ZH Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57ZH Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZH Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZH Subsection (1) amended by No. 83 of 1983, s. 32 and Sched. 2 ][Section 57ZH Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]No person (other than a prescribed employee of TOTE Tasmania duly authorised in that behalf) shall conduct totalizator betting–(a) except–(i) under the authority, and in accordance with the terms and conditions, of a totalizator licence;
(ii) on a racecourse, and on a day, specified in that behalf in a totalizator licence;
(iii) on a racecourse during the time when the racecourse is in use by a club committee for the purpose of conducting a race meeting; or
(iv) under the direction and control of the club committee that for the time being has the charge and control of the racecourse on which the totalizator is used; or
(b) in respect of any event or contingency other than an event in which galloping-horses or trotting-horses are competing, or a greyhound racing event, held on a racecourse to which the foregoing provisions of this subsection relate or on some racecourse elsewhere than in this State, on a day in respect of which the totalizator licence is granted, or, in the case of a double contingency in respect of two races partly on that racecourse on that day and partly on the same or some other racecourse on the same or some other day.
(2) [Section 57ZH Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 57ZH Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person, being the secretary of a club or having the possession or control of the books, vouchers, or documents of a club shall fail or refuse –(a) to produce those books, vouchers, or documents to; or
(b) to permit extracts to be taken therefrom, or copies thereof to be made, by –
a person lawfully demanding the production thereof or to be permitted to take extracts therefrom or to make copies thereof.Penalty: Fine not exceeding 20 penalty units.
57ZJ. Offences in relation to conduct of totalizators
[Section 57ZJ Inserted by No. 1 of 1974, s. 22 ][Section 57ZJ Amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 57ZJ Amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who –(a) having the management or control of any totalizator, authorises or permits the premises to be constituted or used, or any act or thing to be done or omitted to be done on or in relation thereto in contravention of or failure of compliance with this Act;
(b) having the management or control of or being employed or acting in any capacity in connection with any totalizator, accepts from any person any bet which is prohibited by or does not conform to this Act;
(c) not being a person lawfully managing or controlling or being employed in any totalizator, sells any ticket purporting to be, or being, a totalizator ticket; or
(d) purchases any ticket purporting to be, or being, a totalizator ticket from any person not authorised to sell the same –
shall be guilty of an offence against this Act.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months in respect of a first offence, a fine not exceeding 30 penalty units or imprisonment for a term not exceeding 6 months in respect of a second offence and imprisonment for a term not exceeding 12 months in respect of a subsequent offence.
57ZK. Penalty for unlawfully acting as totalizator officer or employee
[Section 57ZK Inserted by No. 1 of 1974, s. 22 ][Section 57ZK Amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 57ZK Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 57ZK Amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 57ZK Amended by No. 83 of 1999, s. 58, Applied:01 Dec 1999] [Section 57ZK Amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] A person, not being a prescribed employee of TOTE Tasmania or an employee of a club committee acting in the course of his functions as such who, for fee, commission, reward, share, or interest of any kind, or on any understanding or agreement whether expressed or implied for any such fee, commission, reward, share, or interest receives from any other person any money for the purpose of depositing or betting with, that money on a totalizator shall be guilty of an offence against this Act.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months in respect of a first offence and imprisonment for a term not exceeding 6 months in respect of a subsequent offence.
57ZL. Offences by totalizator officers and employees
[Section 57ZL Inserted by No. 1 of 1974, s. 22 ][Section 57ZL Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 57ZL Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person being employed in a totalizator shall intentionally –(a) receive or permit to be received a bet in respect of a horse race or greyhound racing event after the prescribed time for the cessation of betting in relation to that race or event;
(b) accept a bet from, or pay money or deliver a totalizator ticket to, any person apparently under the age of 18 years, being a person who is under that age;
(c) accept a bet from, or pay money or deliver a totalizator ticket to, a person apparently under the influence of intoxicating liquor; or
(d) subject to section 57ZP , permit a person apparently under the age of 18 years being a person who is under that age, or a person apparently under the influence of intoxicating liquor, to enter or remain in a totalizator while it is open for the lodging and receiving of bets, except, in the case of a person under the age of 18 years, when that person is entering the premises in the course of his lawful calling or employment.
Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units in respect of a subsequent offence.
57ZM. Offences by under-age persons in totalizators
[Section 57ZM Inserted by No. 1 of 1974, s. 22 ][Section 57ZM Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 57ZM Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person being under the age of 18 years shall –(a) subject to section 57ZP , enter or remain in any totalizator while it is open for the lodging or receiving of bets except in the course of his lawful calling or employment;
(b) make a bet by means of a totalizator; or
(c) instigate any other person to make a bet for him by means of a totalizator.
Penalty: Fine not exceeding 20 penalty units.
57ZN. Offences generally
[Section 57ZN Inserted by No. 1 of 1974, s. 22 ][Section 57ZN Amended by No. 40 of 1983, s. 20 and s. 44 and Sched. 1 ][Section 57ZN Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person shall knowingly –(a) subject to section 57ZP , take a person under the age of 18 years into any totalizator unless in the course of that person's lawful calling or employment;
(b) take intoxicating liquor or any noxious substance into a totalizator;
(c) make a bet in a totalizator for a person under the age of 18 years or for a person prohibited from entering a totalizator;
(d) instigate, or cause or permit, a person under the age of 18 years to make a bet by means of a totalizator; or
(e) subject to section 57ZP , instigate, or cause or permit, a person under the age of 18 years to enter or remain in a totalizator, except in the course of that person's lawful calling or employment.
Penalty: Fine not exceeding 20 penalty units in respect of a first offence and a fine not exceeding 30 penalty units in respect of a subsequent offence.
57ZP. Persons under 18 years in totalizators
[Section 57ZP Substituted by No. 39 of 1991, s. 6 ]It is not an offence against this Act to permit a person who is under the age of 18 years to enter or remain in a totalizator or to take such a person into a totalizator if –(a) the person is in the company of a parent or guardian or a spouse who is 18 years of age or more; and
(b) the totalizator is –(i) [Section 57ZP Amended by No. 24 of 2004, s. 54, Applied:01 Jan 2005] a part of licensed premises (as defined by the Liquor Licensing Act 1990 ) where, at the relevant time, people who are under the age of 18 years are permitted to enter or remain; or
(ii) [Section 57ZP Amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] on part of a registered racecourse within the meaning of section 37 of the Racing Regulation Act 2004 .
57ZQ. Removal of persons from totalizator
[Section 57ZQ Inserted by No. 1 of 1974, s. 22 ]
(1) The person for the time being in charge of a totalizator may –(a) at any time request any person who is in the totalizator and who, in the opinion of the person so in charge, has since entering the totalizator committed, or is committing, an offence against this Act or has failed to comply with, or has acted in contravention of, this Act or the rules, or who is under the influence of liquor or who is behaving in a disorderly manner, to leave those premises; and
(b) use all reasonable and necessary force to eject from those premises any person who, having been so requested to leave, neglects or refuses forthwith to do so.
(2) [Section 57ZQ Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] A police officer, at the request of the person for the time being in charge of any totalizator, shall eject or assist in ejecting from the totalizator any person who, having been requested by the person so in charge, acting under subsection (1) , to leave, neglects or refuses forthwith to do so.
(3) [Section 57ZQ Subsection (3) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004] No person for the time being in charge of a totalizator or police officer acting in good faith in the exercise or intended exercise of the powers conferred on him under this section shall be liable to any proceedings, civil or criminal, in consequence of his having so acted.
(4) [Section 57ZQ Subsection (4) substituted by No. 40 of 1983, s. 21 ][Section 57ZQ Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who does not leave the premises of a totalizator when requested to do so under this section is guilty of an offence against this Act and is liable on summary conviction to a fine not exceeding 20 penalty units.
(5) [Section 57ZQ Subsection (5) inserted by No. 40 of 1983, s. 21 ][Section 57ZQ Subsection (5) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who has been ejected from the premises of a totalizator pursuant to this section shall not, during the day on which he has been so ejected from those premises, re-enter them or be in the premises of any other totalizator.Penalty: Fine not exceeding 20 penalty units.
(6) [Section 57ZQ Subsection (6) inserted by No. 40 of 1983, s. 21 ][Section 57ZQ Subsection (6) amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who has left the premises of a totalizator pursuant to a request under this section shall not, during the day on which he has so left those premises, re-enter them or be in the premises of any other totalizator.Penalty: Fine not exceeding 20 penalty units.
(7) [Section 57ZQ Subsection (7) inserted by No. 40 of 1983, s. 21 ]A police officer may arrest without warrant a person who contravenes subsection (4) or (5) .
57ZR. Rules of TOTE Tasmania
[Section 57ZR Inserted by No. 1 of 1974, s. 22 ]
(1) [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 7, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 40 of 1983, s. 22 ][Section 57ZR Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]TOTE Tasmania may, with the approval of the Minister, make rules (not inconsistent with this Act)–(a) . . . . . . . .
(b) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] prescribing terms and conditions and other matters governing the conduct of totalizator betting including terms and conditions under which bets generally or bets of any class will be accepted or refused by or on behalf of TOTE Tasmania, the calculation and payment of dividends, and the establishment and conduct of totalizator pools by TOTE Tasmania;
(ba) providing for the payment of dividends or refunds on totalizator tickets that have been lost or destroyed, including, without prejudice to the generality of the foregoing, providing for the making of claims with respect to the payment of those dividends or refunds;
(bb) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] providing that such a claim shall be verified, to the satisfaction of TOTE Tasmania, by statutory declaration by the claimant or otherwise as provided in the rules;
(c) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] regulating the transmission of bets and any other information between branches of TOTE Tasmania and between club committees conducting totalizator betting and TOTE Tasmania;
(d) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] providing for adjustments, between TOTE Tasmania and any club committee, in respect of payments on account of commission and of shares of dividends;
(e) prescribing the closing times for the receipt of bets at totalizator branches, the method of identification of persons offering to make bets, the manner of acknowledging bets made (whether by the issue of tickets or otherwise) and the manner of recording bets made; and
(f) [Section 57ZR Subsection (1) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 57ZR Subsection (1) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] dealing with any other matters required or permitted by this Act to be dealt with by the rules of TOTE Tasmania.
(2) [Section 57ZR Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 57ZR Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] All rules made by TOTE Tasmania shall be published in the Gazette and shall be effective from the date of such publication.
PART IVA - . . . . . . . .
[Part IVA Repealed by No. 83 of 1983, s. 27 ]57ZS.
[Section 57ZS Repealed by No. 83 of 1983, s. 27 ]. . . . . . . .
57ZT.
[Section 57ZT Repealed by No. 83 of 1983, s. 27 ]. . . . . . . .
57ZU.
[Section 57ZU Repealed by No. 83 of 1983, s. 27 ]. . . . . . . .
57ZV.
[Section 57ZV Repealed by No. 83 of 1983, s. 27 ]. . . . . . . .
57ZW.
[Section 57ZW Repealed by No. 83 of 1983, s. 27 ]. . . . . . . .
57ZX.
[Section 57ZX Repealed by No. 83 of 1983, s. 27 ]. . . . . . . .
57ZY.
[Section 57ZY Repealed by No. 83 of 1983, s. 27 ]. . . . . . . .
PART V - . . . . . . . .
[Part V Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] Division I - [Part V, Div I Heading inserted by No. 32 of 1994, s. 5 ] - . . . . . . . .
[Division I of Part V Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 58.
[Section 58 Substituted by No. 5 of 1990, s. 10 and Sched. 1 ][Section 58 Repealed by No. 83 of 1999, s. 59, Applied:01 Dec 1999] [Section 58 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
59.
[Section 59 Subsection (1) amended by No. 85 of 1957, s. 4 ][Section 59 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 59 Subsection (1) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] [Section 59 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 59 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (3) substituted by No. 1 of 1974, s. 23 ][Section 59 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (4) substituted by No. 1 of 1974, s. 23 ][Section 59 Subsection (4A) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (4A) inserted by No. 1 of 1974, s. 23 ][Section 59 Subsection (4A) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (4A) amended by No. 32 of 1994, s. 6 ][Section 59 Subsection (4B) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (4B) inserted by No. 1 of 1974, s. 23 ][Section 59 Subsection (4B) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (7) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (7) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (7) amended by No. 22 of 1990, s. 17 ][Section 59 Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (8) substituted by No. 71 of 1955, s. 9 ][Section 59 Subsection (8) amended by No. 83 of 1983, s. 31 ][Section 59 Subsection (8) amended by No. 22 of 1990, s. 17 ][Section 59 Subsection (8A) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (8A) inserted by No. 71 of 1955, s. 9 ][Section 59 Subsection (8A) amended by No. 83 of 1983, s. 31 ][Section 59 Subsection (8A) amended by No. 22 of 1990, s. 17 ][Section 59 Subsection (8B) inserted by No. 71 of 1955, s. 9 ][Section 59 Subsection (10) omitted by No. 1 of 1974, s. 23 ][Section 59 Subsection (11) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (11) amended by No. 1 of 1974, s. 23 ][Section 59 Subsection (11) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (11) amended by No. 22 of 1990, s. 17 ][Section 59 Subsection (11) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 59 Subsection (12) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (12) amended by No. 75 of 1973, s. 2 and Sched. 1 ][Section 59 Subsection (12) amended by No. 1 of 1974, s. 23 ][Section 59 Subsection (12) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (12) amended by No. 22 of 1990, s. 17 ][Section 59 Subsection (12A) inserted by No. 42 of 1961, s. 8 ][Section 59 Subsection (12A) amended by No. 40 of 1983, s. 25 ][Section 59 Subsection (13) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (13) amended by No. 83 of 1999, s. 60, Applied:01 Dec 1999] [Section 59 Subsection (13) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59 Subsection (13) amended by No. 22 of 1990, s. 17 ][Section 59 Subsection (14) omitted by No. 1 of 1974, s. 23 ][Section 59 Subsection (15) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59 Subsection (15) added by No. 10 of 1971, s. 12 ][Section 59 Subsection (15) amended by No. 83 of 1983, s. 31 ][Section 59 Subsection (15) amended by No. 22 of 1990, s. 17 ][Section 59 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
59A.
[Section 59A Inserted by No. 71 of 1955, s. 10 ][Section 59A Subsection (1) amended by No. 83 of 1999, Sched. 3, Applied:01 Dec 1999] [Section 59A Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59A Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 59A Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59A Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 59A Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 59A Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 59A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
60.
[Section 60 Substituted by No. 10 of 1971, s. 13 ][Section 60 Subsection (1) amended by No. 38 of 2001, s. 9, Applied:01 Jul 2001] [Section 60 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 2 ][Section 60 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 60 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
60AA.
[Section 60AA Inserted by No. 10 of 1971, s. 13 ][Section 60AA Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 60AA Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 60AA Subsection (1) amended by No. 70 of 1994, s. 5 ][Section 60AA Subsection (1A) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AA Subsection (1A) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (1A) inserted by No. 70 of 1994, s. 5 ][Section 60AA Subsection (2) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (2) amended by No. 70 of 1994, s. 5 ][Section 60AA Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AA Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (5) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (5) amended by No. 70 of 1994, s. 5 ][Section 60AA Subsection (6) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (6) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (6) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (6) amended by No. 22 of 1990, s. 17 ][Section 60AA Subsection (6) amended by No. 70 of 1994, s. 5 ][Section 60AA Subsection (7) amended by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (7) amended by No. 70 of 1994, s. 5 ][Section 60AA Subsection (8) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (8) omitted by No. 83 of 1999, s. 61, Applied:01 Dec 1999] [Section 60AA Subsection (9) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AA Subsection (9) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AA Subsection (9) amended by No. 22 of 1990, s. 17 ][Section 60AA Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
60AAB.
[Section 60AAB Inserted by No. 10 of 1971, s. 13 ][Section 60AAB Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AAB Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AAB Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 60AAB Subsection (2) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AAB Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AAB Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 60AAB Subsection (3) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 60AAB Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 60AAB Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 60AAB Subsection (4) amended by No. 83 of 1999, s. 62, Applied:01 Dec 1999] [Section 60AAB Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
60AAC.
[Section 60AAC Inserted by No. 10 of 1971, s. 13 ][Section 60AAC Subsection (1) substituted by No. 71 of 1995, s. 3 and Sched. 1 ][Section 60AAC Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 60AAC Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
60A.
[Section 60A Inserted by No. 42 of 1961, s. 9 ][Section 60A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
61.
[Section 61 Amended by No. 18 of 1953, s. 5 ][Section 61 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 61 Subsection (1) amended by No. 83 of 1999, s. 63, Applied:01 Dec 1999] [Section 61 Subsection (1) substituted by No. 22 of 1990, s. 17 ][Section 61 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 61 Subsection (2) renumbered by No. 42 of 1961, s. 23 ][Section 61 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 61 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 61 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 61 Subsection (3) amended by No. 83 of 1999, s. 63, Applied:01 Dec 1999] [Section 61 Subsection (3) inserted by No. 10 of 1971, s. 14 ][Section 61 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 61 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 61 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 61 Subsection (4) amended by No. 83 of 1999, s. 63, Applied:01 Dec 1999] [Section 61 Subsection (4) added by No. 10 of 1971, s. 14 ][Section 61 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 61 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 61 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
62.
[Section 62 Substituted by No. 10 of 1971, s. 15 ][Section 62 Repealed by No. 83 of 1999, s. 64, Applied:01 Dec 1999] [Section 62 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division II - [Part V, Div. II Heading inserted by No. 32 of 1994, s. 7 ] - . . . . . . . .
[Division II of Part V Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 62A.
[Section 62A Inserted by No. 32 of 1994, s. 7 ][Section 62A Repealed by No. 38 of 2001, s. 10, Applied:01 Jul 2001] [Section 62A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
63.
[Section 63 Inserted by No. 1 of 1974, s. 24 ][Section 63 Subsection (1) substituted by No. 42 of 1987, s. 5 ][Section 63 subsection (1A) amended by No. 50 of 1996, s. 12 ][Section 63 Subsection (2) inserted by No. 85 of 1976, s. 5 ][Section 63 Subsection (2) amended by No. 42 of 1987, s. 5 ][Section 63 Subsection (2) amended by No. 86 of 1987, s. 9 ][Section 63 Amended by No. 55 of 1993, s. 4 ][Section 63 Subsection (3) inserted by No. 85 of 1976, s. 5 ][Section 63 Subsection (3) amended by No. 42 of 1987, s. 5 ][Section 63 Subsection (3) amended by No. 55 of 1993, s. 4 ][Section 63 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
63AA.
[Section 63AA Inserted by No. 42 of 1987, s. 6 ][Section 63AA Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
63A.
[Section 63A Repealed by No. 70 of 1994, s. 6 ][Section 63A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
64.
[Section 64 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 64 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 64 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 64 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 64 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 64 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 64 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 64 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 64 Subsection (3) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 64 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 64 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 64 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 64 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 64 Subsection (5) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 64 Subsection (5) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 64 Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 64 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
65.
[Section 65 Subsection (1) amended by No. 86 of 1987, s. 10 ][Section 65 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 65 Subsection (2) inserted by No. 86 of 1987, s. 10 ][Section 65 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
66.
[Section 66 Inserted by No. 70 of 1994, s. 7 ][Section 66 Subsection (3) amended by No. 20 of 1997, s. 5, Applied:28 Jun 1997] [Section 66 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
67.
[Section 67 Inserted by No. 70 of 1994, s. 7 ][Section 67 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 67 Subsection (4) amended by No. 83 of 1999, s. 65, Applied:01 Dec 1999] [Section 67 Subsection (6) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 67 Subsection (8) amended by No. 83 of 1999, s. 65, Applied:01 Dec 1999] [Section 67 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
68.
[Section 68 Inserted by No. 70 of 1994, s. 7 ][Section 68 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 68 Subsection (2) amended by No. 83 of 1999, s. 66, Applied:01 Dec 1999] [Section 68 Subsection (2) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 68 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
68A.
[Section 68A Inserted by No. 70 of 1994, s. 7 ][Section 68A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
68B.
[Section 68B Inserted by No. 70 of 1994, s. 7 ][Section 68B Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 68B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
69.
[Section 69 Amended by No. 18 of 1953, s. 7 ][Section 69 Amended by No. 98 of 1957, s. 7 ][Section 69 Amended by No. 42 of 1961, s. 12 ][Section 69 Amended by No. 55 of 1965, s. 5 ][Section 69 Subsection (1) substituted by No. 70 of 1994, s. 8 ][Section 69 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 69 Subsection (1A) omitted by No. 1 of 1974, s. 26 ][Section 69 Subsection (3B) omitted by No. 10 of 1971, s. 17 ][Section 69 Subsection (4) amended by No. 1 of 1974, s. 26 ][Section 69 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 69 Subsection (4) amended by No. 31 of 1986, s. 10 ][Section 69 Subsection (4) amended by No. 42 of 1987, s. 7 ][Section 69 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 69 Subsection (4) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 69 Subsection (4) amended by No. 50 of 1996, s. 13 ][Section 69 Subsection (4) amended by No. 83 of 1999, s. 67, Applied:01 Dec 1999] [Section 69 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 69 Subsection (5) amended by No. 42 of 1987, s. 7 ][Section 69 Subsection (5A) substituted by No. 10 of 1971, s. 17 ][Section 69 Subsection (6) amended by No. 42 of 1987, s. 7 ][Section 69 Subsection (7) amended by No. 70 of 1994, s. 8 ][Section 69 Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 69 Subsection (8) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 69 Subsection (8) amended by No. 22 of 1990, s. 17 ][Section 69 Subsection (9) amended by No. 83 of 1983, s. 29 ][Section 69 Subsection (9) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 69 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
70.
[Section 70 Amended by No. 52 of 1964, s. 3 ][Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] [Section 70 Subsection (1) amended by No. 21 of 2000, s. 30, Applied:01 Jul 2000] [Section 70 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 70 Subsection (1) substituted by No. 48 of 1988, s. 4 ][Section 70 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 70 Subsection (1) amended by No. 32 of 1994, s. 9 ][Section 70 Subsection (1) amended by No. 82 of 1995, s. 6 ][Section 70 Subsection (1) amended by No. 30 of 2000, s. 4, Applied:22 Dec 1999] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 4, Applied:22 Dec 1999] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 6, Applied:16 Jun 2000] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] [Section 70 Subsection (1) amended by No. 38 of 2001, s. 11, Applied:01 Jul 2001] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 6, Applied:16 Jun 2000] [Section 70 Subsection (1) amended by No. 30 of 2000, s. 5, Applied:01 Jul 2000] [Section 70 Subsection (1) amended by No. 38 of 2001, s. 11, Applied:01 Jul 2001] [Section 70 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 70 Subsection (2) amended by No. 10 of 1971, s. 18 ][Section 70 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 70 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 70 Subsection (2) substituted by No. 30 of 2000, s. 5, Applied:01 Jul 2000] [Section 70 Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 70 Subsection (4) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 70 Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 70 Subsection (5) omitted by No. 10 of 1971, s. 18 ][Section 70 Subsection (5) inserted by No. 30 of 2000, s. 5, Applied:01 Jul 2000] [Section 70 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
70A.
[Section 70A Inserted by No. 21 of 2000, s. 31, Applied:01 Jul 2000] [Section 70A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
71.
[Section 71 Substituted by No. 10 of 1971, s. 19 ][Section 71 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 71 Subsection (1) substituted by No. 82 of 1995, s. 7 ][Section 71 Subsection (1) amended by No. 50 of 1996, s. 14 ][Section 71 Subsection (1) amended by No. 38 of 2001, s. 12, Applied:01 Jul 2001] [Section 71 Subsection (1A) inserted by No. 82 of 1995, s. 7 ][Section 71 Subsection (2) inserted by No. 1 of 1974, s. 27 ][Section 71 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
72.
[Section 72 Repealed by No. 55 of 1993, s. 5 ][Section 72 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
73.
[Section 73 Repealed by No. 55 of 1993, s. 5 ][Section 73 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74.
[Section 74 Subsection (1) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] [Section 74 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 74 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 74 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 74 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 74 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 74 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 74 Subsection (5) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] [Section 74 Subsection (5) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] [Section 74 Subsection (5) amended by No. 83 of 1999, s. 68, Applied:01 Dec 1999] [Section 74 Subsection (5) amended by No. 71 of 1955, s. 13 ][Section 74 Subsection (5) amended by No. 10 of 1971, s. 22 ][Section 74 Subsection (5) amended by No. 31 of 1986, s. 11 ][Section 74 Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 74 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division III - [Part V, Div. III Heading inserted by No. 32 of 1994, s. 10 ] - . . . . . . . .
[Part V, Div. III, Inserted by No. 32 of 1994, s. 10 ][Division III of Part V Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Division III of Part V Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 74A.
[Section 74A Inserted by No. 32 of 1994, s. 10 ][Section 74A Amended by No. 109 of 1995, s. 4 ][Section 74A Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74A Amended by No. 83 of 1999, s. 69, Applied:01 Dec 1999] [Section 74A Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74A Amended by No. 25 of 1998, s. 4, Applied:01 Sep 1998] [Section 74A Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74B.
[Section 74B Inserted by No. 32 of 1994, s. 10 ][Section 74B Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74B Subsection (3) amended by No. 83 of 1999, s. 70, Applied:01 Dec 1999] [Section 74B Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74C.
[Section 74C Inserted by No. 32 of 1994, s. 10 ][Section 74C Subsection (1) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 74C Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74C Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74D.
[Section 74D Inserted by No. 32 of 1994, s. 10 ][Section 74D Subsection (1) amended by No. 83 of 1999, Sched. 9, Applied:01 Dec 1999] [Section 74D Subsection (2) amended by No. 83 of 1999, s. 71, Applied:01 Dec 1999] [Section 74D Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74D Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74D Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74E.
[Section 74E Inserted by No. 32 of 1994, s. 10 ][Section 74E Subsection (1) amended by No. 109 of 1995, s. 5 ][Section 74E Subsection (1) amended by No. 25 of 1998, s. 5, Applied:01 Sep 1998] [Section 74E Subsection (4) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74E Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74E Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74F.
[Section 74F Inserted by No. 32 of 1994, s. 10 ][Section 74F Amended by No. 109 of 1995, s. 6 ][Section 74F Amended by No. 25 of 1998, s. 6, Applied:01 Sep 1998] [Section 74F Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74F Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74G.
[Section 74G Inserted by No. 32 of 1994, s. 10 ][Section 74G Substituted by No. 109 of 1995, s. 7 ][Section 74G Amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74G Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74G Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74H.
[Section 74H Inserted by No. 32 of 1994, s. 10 ][Section 74H Subsection (1) amended by No. 109 of 1995, s. 8 ][Section 74H Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74H Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74I.
[Section 74I Inserted by No. 32 of 1994, s. 10 ][Section 74I Subsection (1) amended by No. 109 of 1995, s. 9 ][Section 74I Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74I Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74J.
[Section 74J Inserted by No. 32 of 1994, s. 10 ][Section 74J Subsection (1) amended by No. 109 of 1995, s. 10 ][Section 74J Subsection (8) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74J Subsection (8) amended by No. 109 of 1995, s. 10 ][Section 74J Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74J Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74K.
[Section 74K Inserted by No. 32 of 1994, s. 10 ][Section 74K Subsection (1) amended by No. 109 of 1995, s. 11 ][Section 74K Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74K Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74L.
[Section 74L Inserted by No. 32 of 1994, s. 10 ][Section 74L Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74L Subsection (1) substituted by No. 82 of 1995, s. 8 ][Section 74L Subsection (1A) inserted by No. 109 of 1995, s. 12 ][Section 74L Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74L Subsection (2) substituted by No. 109 of 1995, s. 12 ][Section 74L Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74L Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74M.
[Section 74M Inserted by No. 32 of 1994, s. 10 ][Section 74M Subsection (2) amended by No. 109 of 1995, s. 13 ][Section 74M Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74M Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
74N.
[Section 74N Inserted by No. 32 of 1994, s. 10 ][Section 74N Subsection (1) amended by No. 109 of 1995, s. 14 ][Section 74N Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 74N Subsection (3) amended by No. 109 of 1995, s. 14 ][Section 74N Repealed by No. 103 of 1999, s. 5, Applied:22 Dec 1999] [Section 74N Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division IV - [Part V, Div. IV Heading inserted by No. 32 of 1994, s. 11 ] - . . . . . . . .
[Division IV of Part V Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 75.
[Section 75 Amended by No. 10 of 1971, s. 23 ][Section 75 Subsection (1) substituted by No. 1 of 1974, s. 28 ][Section 75 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 75 Subsection (1) amended by No. 42 of 1987, s. 10 ][Section 75 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 75 Subsection (2) omitted by No. 1 of 1974, s. 28 ][Section 75 Subsection (3) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 75 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 75 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 75 Subsection (3) amended by No. 83 of 1983, s. 31 and s. 32 and Sched. 1 and Sched. 2 ][Section 75 Subsection (3) amended by No. 22 of 1990, s. 17 ][Section 75 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 75 Subsection (4) inserted by No. 32 of 1994, s. 12 ][Section 75 Subsection (4) omitted by No. 38 of 2001, s. 13, Applied:01 Jul 2001] [Section 75 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
76.
[Section 76 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 76 Subsection (1) amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 76 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 76 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 76 Subsection (2) amended by No. 42 of 1961, s. 14 ][Section 76 Subsection (2) amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 76 Subsection (3) added by No. 42 of 1961, s. 14 ][Section 76 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 76 Subsection (3) amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 76 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 76 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 76 Subsection (3A) inserted by No. 40 of 1983, s. 26 ][Section 76 Subsection (3A) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 76 Subsection (3B) inserted by No. 40 of 1983, s. 26 ][Section 76 Subsection (4) inserted by No. 10 of 1971, s. 24 ][Section 76 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
77.
[Section 77 Subsection (1) amended by No. 98 of 1957, s. 8 ][Section 77 Subsection (1) amended by No. 42 of 1961, s. 15 ][Section 77 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 77 Subsection (1) amended by No. 10 of 1971, s. 25 ][Section 77 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 77 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 77 Subsection (1) amended by No. 32 of 1994, s. 13 ][Section 77 Subsection (1) amended by No. 70 of 1994, s. 9 ][Section 77 Subsection (1) amended by No. 38 of 2001, s. 14, Applied:01 Jul 2001] [Section 77 Subsection (1) amended by No. 83 of 1999, Sched. 6, Applied:01 Dec 1999] [Section 77 Subsection (1A) inserted by No. 42 of 1961, s. 15 ][Section 77 Subsection (1B) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 77 Subsection (1B) inserted by No. 42 of 1961, s. 15 ][Section 77 Subsection (1B) amended by No. 55 of 1965, s. 5 ][Section 77 Subsection (1B) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 77 Subsection (1B) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 77 Subsection (1B) amended by No. 22 of 1990, s. 17 ][Section 77 Subsection (1B) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 77 Subsection (1C) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 77 Subsection (1C) inserted by No. 42 of 1961, s. 15 ][Section 77 Subsection (1C) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 77 Subsection (1C) amended by No. 22 of 1990, s. 17 ][Section 77 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 77 Subsection (3) omitted by No. 10 of 1971, s. 25 ][Section 77 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
78.
[Section 78 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 78 Subsection (1) amended by No. 10 of 1971, s. 26 ][Section 78 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 78 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 78 Subsection (1) amended by No. 32 of 1994, s. 14 ][Section 78 Subsection (1A) amended by No. 38 of 2001, s. 15, Applied:01 Jul 2001] [Section 78 Subsection (1A) amended by No. 25 of 1998, s. 7, Applied:01 Sep 1998] [Section 78 Subsection (1A) inserted by No. 32 of 1994, s. 14 ][Section 78 Subsection (1A) amended by No. 70 of 1994, s. 10 ][Section 78 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
79.
[Section 79 Amended by No. 55 of 1965, s. 5 ][Section 79 Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 79 Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 79 Amended by No. 50 of 1996, s. 15 ][Section 79 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
80.
[Section 80 Amended by No. 73 of 1979, s. 4 ][Section 80 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
81.
[Section 81 Repealed by No. 1 of 1974, s. 29 ][Section 81 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
82.
[Section 82 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
PART VI - . . . . . . . .
[Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] Division I - [Part VI, Div. I Heading substituted by No. 40 of 1983, s. 27 ] - . . . . . . . .
[Division I of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 82A.
[Section 82A Inserted by No. 40 of 1983, s. 28 ][Section 82A Repealed by No. 38 of 2001, s. 17, Applied:01 Jul 2001] [Section 82A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
83.
[Section 83 Subsection (1) amended by No. 71 of 1955, s. 14 ][Section 83 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 83 Subsection (1) amended by No. 10 of 1971, s. 27 ][Section 83 Subsection (1) amended by No. 108 of 1973, s. 5 ][Section 83 Subsection (1) amended by No. 93 of 1974, s. 6 ][Section 83 Subsection (1) amended by No. 85 of 1976, s. 6 ][Section 83 Subsection (1) amended by No. 40 of 1983, s. 29 ][Section 83 Subsection (1) amended by No. 53 of 1993, s. 5 ][Section 83 Subsection (1) amended by No. 108 of 1995, s. 6 ][Section 83 Subsection (2) omitted by No. 85 of 1976, s. 6 ][Section 83 Substituted by No. 38 of 2001, s. 17, Applied:01 Jul 2001] [Section 83 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
83A.
[Section 83A Inserted by No. 108 of 1995, s. 7 ][Section 83A Repealed by No. 38 of 2001, s. 17, Applied:01 Jul 2001] [Section 83A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
84.
[Section 84 Amended by No. 103 of 1999, s. 6, Applied:22 Dec 1999] [Section 84 Repealed by No. 38 of 2001, s. 17, Applied:01 Jul 2001] [Section 84 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division II - [Part VI, Div. II Heading inserted by No. 40 of 1983, s. 27 ] - . . . . . . . .
[Division II of Part VI Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Division II of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 85.
[Section 85 Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 85 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
85A.
[Section 85A Inserted by No. 32 of 1960, s. 2 ][Section 85A Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 85A Subsection (8A) inserted by No. 40 of 1983, s. 30 ][Section 85A Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 85A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
85B.
[Section 85B Inserted by No. 93 of 1993, s. 4 ][Section 85B Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 85B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
86.
[Section 86 Subsection (1) amended by No. 55 of 1965, s. 3 and Sched. 1 ][Section 86 Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 86 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87.
[Section 87 Subsection (1) amended by No. 32 of 1960, s. 3 ][Section 87 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 87 Subsection (1) amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 87 Subsection (2) amended by No. 55 of 1965, s. 3 and Sched. 1 ][Section 87 Subsection (2) amended by No. 9 of 1982, s. 7 and Sched. 10 ][Section 87 Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division IIA - [Part VI, Div. IIA Heading substituted by No. 32 of 1989, s. 5 ] - . . . . . . . .
[Division IIA of Part VI Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Division IIA of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] Subdivision A - [Part VI, Div. IIA, Subdiv. A Heading inserted by No. 32 of 1989, s. 5 ] - . . . . . . . .
[Subdivision A of Division IIA of Part VI Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Subdivision A of Division IIA of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 87A.
[Section 87A Inserted by No. 110 of 1974, s. 3 ][Section 87A Subsection (1) amended by No. 32 of 1989, s. 8 ][Section 87A Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87B.
[Section 87B Inserted by No. 110 of 1974, s. 3 ][Section 87B Subsection (1) amended by No. 32 of 1989, s. 8 ][Section 87B Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87C.
[Section 87C Inserted by No. 110 of 1974, s. 3 ][Section 87C Amended by No. 32 of 1989, s. 8 ][Section 87C Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87C Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87D.
[Section 87D Inserted by No. 110 of 1974, s. 3 ][Section 87D Amended by No. 32 of 1989, s. 8 ][Section 87D Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87D Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87E.
[Section 87E Substituted by No. 53 of 1993, s. 6 ][Section 87E Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87E Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87F.
[Section 87F Inserted by No. 110 of 1974, s. 3 ][Section 87F Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 87F Subsection (1) amended by No. 32 of 1989, s. 8 ][Section 87F Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 87F Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 87F Subsection (2) amended by No. 32 of 1989, s. 8 ][Section 87F Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 87F Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87F Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87G.
[Section 87G Inserted by No. 110 of 1974, s. 3 ][Section 87G Amended by No. 32 of 1989, s. 8 ][Section 87G Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87G Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87H.
[Section 87H Inserted by No. 110 of 1974, s. 3 ][Section 87H Amended by No. 32 of 1989, s. 8 ][Section 87H Amended by No. 22 of 1990, s. 17 ][Section 87H Subsection (1) substituted by No. 13 of 1986, s. 4 ][Section 87H Subsection (1A) inserted by No. 40 of 1983, s. 31 ][Section 87H Subsection (2) amended by No. 32 of 1989, s. 8 ][Section 87H Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87H Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87J.
[Section 87J Inserted by No. 110 of 1974, s. 3 ][Section 87J Subsection (1) amended by No. 32 of 1989, s. 8 ][Section 87J Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87J Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Subdivision B - . . . . . . . .
[Part VI, Div. IIA, Subdiv. B Inserted by No. 32 of 1989, s. 6 ][Subdivision B of Division IIA of Part VI Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Subdivision B of Division IIA of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 87K.
[Section 87K Inserted by No. 32 of 1989, s. 6 ][Section 87K Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87K Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87L.
[Section 87L Inserted by No. 32 of 1989, s. 6 ][Section 87L Subsection (1) amended by No. 62 of 1996, s. 3 and Sched. 1 ][Section 87L Subsection (1) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 87L Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87L Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87M.
[Section 87M Inserted by No. 32 of 1989, s. 6 ][Section 87M Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87M Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87N.
[Section 87N Inserted by No. 32 of 1989, s. 6 ][Section 87N Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87N Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
87P.
[Section 87P Inserted by No. 32 of 1989, s. 6 ][Section 87P Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 87P Repealed by No. 103 of 1999, s. 7, Applied:22 Dec 1999] [Section 87P Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division IIB - [Part VI, Div. IIB Heading inserted by No. 40 of 1983, s. 27 ] - . . . . . . . .
[Division IIB of Part VI Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Division IIB of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 88.
[Section 88 Substituted by No. 85 of 1976, s. 7 ][Section 88 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 88 Subsection (2) amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 88 Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 88 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
88A.
[Section 88A Substituted by No. 40 of 1990, s. 25 ][Section 88A Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 88A Subsection (3) amended by No. 21 of 2000, s. 32, Applied:01 Jul 2000] [Section 88A Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 88A Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 88A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
88AB.
[Section 88AB Substituted by No. 53 of 1993, s. 7 ][Section 88AB Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 88AB Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
88B.
[Section 88B Inserted by No. 108 of 1973, s. 6 ][Section 88B Subsection (5) inserted by No. 40 of 1983, s. 34 ][Section 88B Subsection (5) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 88B Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 88B Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
88C.
[Section 88C Inserted by No. 108 of 1973, s. 6 ][Section 88C Subsection (7) substituted by No. 40 of 1983, s. 35 ][Section 88C Subsection (7) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 88C Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 88C Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
88D.
[Section 88D Substituted by No. 85 of 1976, s. 8 ][Section 88D Subsection (1A) inserted by No. 40 of 1983, s. 36 ][Section 88D Subsection (1B) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 88D Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 88D Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
88DA.
[Section 88DA Inserted by No. 21 of 2000, s. 33, Applied:01 Jul 2000] [Section 88DA Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 88DA Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
88E.
[Section 88E Inserted by No. 108 of 1973, s. 6 ][Section 88E Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 88E Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division IIC - [Part VI, Div. IIC Heading inserted by No. 40 of 1983, s. 27 ] - . . . . . . . .
[Division IIC of Part VI Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Division IIC of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 89.
[Section 89 Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 89 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
90.
[Section 90 Amended by No. 55 of 1965, s. 5 ][Section 90 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 90 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 90 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 90 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 90 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 90 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 90 Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 90 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
91.
[Section 91 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 91 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 91 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 91 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 91 Subsection (2) amended by No. 108 of 1973, s. 7 ][Section 91 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 91 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 91 Subsection (3) amended by No. 32 of 1960, s. 4 ][Section 91 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 91 Subsection (3) amended by No. 108 of 1973, s. 7 ][Section 91 Subsection (3) amended by No. 40 of 1983, s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 91 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 91 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 91 Subsection (4) amended by No. 40 of 1983, s. 37 and s. 44 and s. 45 and Sched. 1 and Sched. 2 ][Section 91 Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 91 Subsection (4A) inserted by No. 40 of 1983, s. 37 ][Section 91 Subsection (4A) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 91 Subsection (5) amended by No. 108 of 1973, s. 7 ][Section 91 Subsection (5) amended by No. 40 of 1983, s. 45 and Sched. 2 ][Section 91 Subsection (6) added by No. 108 of 1973, s. 7 ][Section 91 Subsection (6) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 91 Subsection (6) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 91 Subsection (7) inserted by No. 40 of 1983, s. 37 ][Section 91 Subsection (7) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 91 Subsection (8) inserted by No. 40 of 1983, s. 37 ][Section 91 Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 91 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
92.
[Section 92 Repealed by No. 38 of 2001, s. 18, Applied:01 Jul 2001] [Section 92 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division III - . . . . . . . .
[Division III of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 93.
[Section 93 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 93 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 93 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 93 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 93 Subsection (2) amended by No. 10 of 1971, s. 29 ][Section 93 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 93 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 93 Repealed by No. 38 of 2001, s. 20, Applied:01 Jul 2001] [Section 93 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
94.
[Section 94 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
95.
[Section 95 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 95 Subsection (1) amended by No. 10 of 1971, s. 30 ][Section 95 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 95 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 95 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 95 Subsection (2) amended by No. 10 of 1971, s. 30 ][Section 95 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 95 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 95 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 95 Subsection (3) amended by No. 10 of 1971, s. 30 ][Section 95 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 95 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 95 Subsection (4) added by No. 42 of 1961, s. 17 ][Section 95 Subsection (4) amended by No. 55 of 1965, s. 5 ][Section 95 Subsection (4) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 95 Subsection (4) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 95 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
96.
[Section 96 Subsection (1) amended by No. 38 of 2001, s. 21, Applied:01 Jul 2001] [Section 96 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 96 Subsection (1) amended by No. 10 of 1971, s. 31 ][Section 96 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 96 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 96 Subsection (2) amended by No. 10 of 1971, s. 31 ][Section 96 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 96 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 96 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 96 Subsection (3) amended by No. 10 of 1971, s. 31 ][Section 96 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 96 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 96 Subsection (3) amended by No. 38 of 2001, s. 21, Applied:01 Jul 2001] [Section 96 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
97.
[Section 97 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 97 Subsection (1) amended by No. 10 of 1971, s. 32 ][Section 97 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 97 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 97 Subsection (1) amended by No. 38 of 2001, s. 22, Applied:01 Jul 2001] [Section 97 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
98.
[Section 98 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 98 Subsection (1) amended by No. 10 of 1971, s. 33 ][Section 98 Subsection (1) amended by No. 1 of 1974, s. 30 ][Section 98 Subsection (1) amended by No. 40 of 1983, s. 38 ][Section 98 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 98 Subsection (1A) inserted by No. 42 of 1961, s. 18 ][Section 98 Subsection (1A) amended by No. 55 of 1965, s. 5 ][Section 98 Subsection (1A) amended by No. 1 of 1974, s. 30 ][Section 98 Subsection (1A) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 98 Subsection (1A) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 98 Subsection (1B) inserted by No. 42 of 1961, s. 18 ][Section 98 Subsection (2) omitted by No. 10 of 1971, s. 33 ][Section 98 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
99.
[Section 99 Amended by No. 55 of 1965, s. 5 ][Section 99 Amended by No. 10 of 1971, s. 34 ][Section 99 Amended by No. 1 of 1974, s. 31 ][Section 99 Amended by No. 40 of 1983, s. 39 ][Section 99 Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 99 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
99A.
[Section 99A Inserted by No. 85 of 1976, s. 8 ][Section 99A Amended by No. 73 of 1979, s. 5 ][Section 99A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
100.
[Section 100 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 100 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 100 Subsection (3) amended by No. 10 of 1971, s. 35 ][Section 100 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 100 Subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 100 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
101.
[Section 101 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 101 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
102.
[Section 102 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
103.
[Section 103 Repealed by No. 40 of 1983, s. 40 ][Section 103 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
104.
[Section 104 Substituted by No. 103 of 1999, s. 8, Applied:22 Dec 1999] [Section 104 Repealed by No. 38 of 2001, s. 23, Applied:01 Jul 2001] [Section 104 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
Division IV - . . . . . . . .
[Division IV of Part VI Repealed by No. 38 of 2001, s. 24, Applied:01 Jul 2001] [Division IV of Part VI Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] 105.
[Section 105 Amended by No. 52 of 1964, s. 5 ][Section 105 Subsection (1) amended by No. 42 of 1961, s. 19 ][Section 105 Subsection (1) amended by No. 108 of 1973, s. 8 ][Section 105 Subsection (5) substituted by No. 42 of 1961, s. 19 ][Section 105 Subsection (5) amended by No. 104 of 1977, s. 12 ][Section 105 Subsection (5) amended by No. 40 of 1983, s. 41 ][Section 105 Subsection (5A) inserted by No. 42 of 1961, s. 19 ][Section 105 Subsection (5AB) inserted by No. 40 of 1983, s. 41 ][Section 105 Subsection (5B) inserted by No. 42 of 1961, s. 19 ][Section 105 Subsection (6) amended by No. 55 of 1965, s. 5 ][Section 105 Subsection (6) amended by No. 10 of 1971, s. 36 ][Section 105 Subsection (6) amended by No. 40 of 1983, s. 4 and Sched. 1 ][Section 105 Subsection (6) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 105 Subsection (7) amended by No. 55 of 1965, s. 5 ][Section 105 Subsection (7) amended by No. 10 of 1971, s. 36 ][Section 105 Subsection (7) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 105 Subsection (7) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 105 Subsection (9) substituted by No. 52 of 1964, s. 5 ][Section 105 Subsection (9) amended by No. 55 of 1965, s. 5 ][Section 105 Subsection (9) amended by No. 10 of 1971, s. 36 ][Section 105 Subsection (9) amended by No. 108 of 1973, s. 8 ][Section 105 Subsection (9) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 105 Subsection (9) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 105 Subsection (9A) substituted by No. 108 of 1973, s. 8 ][Section 105 Repealed by No. 38 of 2001, s. 24, Applied:01 Jul 2001] [Section 105 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
PART VII - Miscellaneous
106.
[Section 106 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
106A.
[Section 106A Substituted by No. 53 of 1993, s. 8 ][Section 106A Repealed by No. 38 of 2001, s. 25, Applied:01 Jul 2001] . . . . . . . .
107.
[Section 107 Subsection (2) amended by No. 18 of 1953, s. 8 ][Section 107 Subsection (2) amended by No. 38 of 2001, s. 26, Applied:01 Jul 2001] [Section 107 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
108.
[Section 108 Subsection (2) substituted by No. 42 of 1961, s. 20 ][Section 108 Subsection (2) omitted by No. 38 of 2001, s. 27, Applied:01 Jul 2001] [Section 108 Subsection (3) substituted by No. 42 of 1961, s. 20 ][Section 108 Subsection (4) amended by No. 38 of 2001, s. 27, Applied:01 Jul 2001] [Section 108 Subsection (4) inserted by No. 42 of 1961, s. 20 ][Section 108 Subsection (5) amended by No. 38 of 2001, s. 27, Applied:01 Jul 2001] [Section 108 Subsection (5) added by No. 42 of 1961, s. 20 ][Section 108 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
109.
[Section 109 Subsection (1) amended by No. 38 of 2001, s. 28, Applied:01 Jul 2001] [Section 109 Subsection (1) amended by No. 10 of 1971, s. 37 ][Section 109 Subsection (2) amended by No. 38 of 2001, s. 28, Applied:01 Jul 2001] [Section 109 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 109 Subsection (3) amended by No. 38 of 2001, s. 28, Applied:01 Jul 2001] [Section 109 Subsection (4) added by No. 10 of 1971, s. 37 ][Section 109 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
110.
[Section 110 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 110 Subsection (1) amended by No. 10 of 1971, s. 38 ][Section 110 Subsection (1) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 110 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 110 Subsection (2) amended by No. 55 of 1965, s. 5 ][Section 110 Subsection (2) amended by No. 10 of 1971, s. 38 ][Section 110 Subsection (2) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 110 Subsection (2) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 110 Subsection (3) inserted by No. 108 of 1973, s. 10 ][Section 110 Subsection (3) amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 110 subsection (3) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 110 Subsection (4) added by No. 108 of 1973, s. 10 ][Section 110 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
111.
[Section 111 Amended by No. 55 of 1965, s. 5 ][Section 111 Amended by No. 10 of 1971, s. 39 ][Section 111 Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 111 Amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 111 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
111A.
[Section 111A Inserted by No. 1 of 1974, s. 32 ][Section 111A Subsection (1) amended by No. 50 of 1996, s. 16 ][Section 111A Subsection (2) amended by No. 83 of 1999, s. 72, Applied:01 Dec 1999] [Section 111A Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 111A Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 111A Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 111A Subsection (2) amended by No. 50 of 1996, s. 16 ][Section 111A Subsection (4) amended by No. 83 of 1999, s. 72, Applied:01 Dec 1999] [Section 111A Subsection (4) amended by No. 22 of 1990, s. 17 ][Section 111A Subsection (5) amended by No. 83 of 1999, s. 72, Applied:01 Dec 1999] [Section 111A Subsection (5) amended by No. 22 of 1990, s. 17 ][Section 111A Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
112. Evidentiary provisions
(1) [Section 112 Subsection (1) omitted by No. 38 of 2001, s. 29, Applied:01 Jul 2001] . . . . . . . .
(2) [Section 112 Subsection (2) omitted by No. 38 of 2001, s. 29, Applied:01 Jul 2001] . . . . . . . .
(3) [Section 112 Subsection (3) omitted by No. 38 of 2001, s. 29, Applied:01 Jul 2001] . . . . . . . .
(4) [Section 112 Subsection (4) amended by No. 38 of 2001, s. 29, Applied:01 Jul 2001] [Section 112 Subsection (4) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(5) [Section 112 Subsection (5) omitted by No. 38 of 2001, s. 29, Applied:01 Jul 2001] . . . . . . . .
(6) [Section 112 Subsection (6) omitted by No. 38 of 2001, s. 29, Applied:01 Jul 2001] . . . . . . . .
(7) [Section 112 Subsection (7) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(8) [Section 112 Subsection (8) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(9) [Section 112 Subsection (9) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(10) [Section 112 Subsection (10) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(11) In any proceedings in respect of the unlawful use of a totalizator, the onus of proving that it was used under the authority, and in accordance with the terms and conditions, of a totalizator licence shall be on the defendant.
(12) [Section 112 Subsection (12) omitted by No. 38 of 2001, s. 29, Applied:01 Jul 2001] . . . . . . . .
(12A) [Section 112 Subsection (12A) inserted by No. 42 of 1961, s. 21 ]In any proceedings in respect of an offence under this Act an allegation in the complaint that the defendant, at the time at which the offence is alleged to have been committed, was under a specified age shall be deemed to be proved in the absence of proof to the contrary.
(12B) [Section 112 Subsection (12B) inserted by No. 10 of 1971, s. 40 ][Section 112 Subsection (12B) amended by No. 21 of 1973, s. 5 and Sched. 1 ][Section 112 Subsection (12B) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(13) [Section 112 Subsection (13) amended by No. 42 of 1961, s. 21 ][Section 112 Subsection (13) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(14) [Section 112 Subsection (14) inserted by No. 53 of 1993, s. 9 ][Section 112 Subsection (14) omitted by No. 38 of 2001, s. 29, Applied:01 Jul 2001] . . . . . . . .
113.
[Section 113 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
114.
[Section 114 Subsection (1) amended by No. 38 of 2001, s. 30, Applied:01 Jul 2001] [Section 114 Subsection (3) substituted by No. 71 of 1955, s. 16 ][Section 114 Subsection (3) amended by No. 53 of 1993, s. 10 ][Section 114 Subsection (3) amended by No. 38 of 2001, s. 30, Applied:01 Jul 2001] [Section 114 Subsection (3) amended by No. 103 of 1999, s. 9, Applied:22 Dec 1999] [Section 114 Subsection (3) amended by No. 38 of 2001, s. 30, Applied:01 Jul 2001] [Section 114 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
115. Service of notices, &c.
(1) Any order, notice, or direction that is required or permitted by or under this Act to be served on any person may, unless some other mode of service is expressly prescribed by or under this Act, be served on that person by delivering it to him by hand or by sending it to him by post in a letter addressed to him at his usual or last-known place of abode or business.
(2) [Section 115 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Any order, notice, or direction that is required or permitted by or under this Act to be given to or served on a club, the club committee of a club, or a body or an association of persons may, unless some other mode of giving or serving the notice is expressly prescribed by or under this Act, be so given or served by delivering it to the secretary of the club or of the body or association of persons by hand or sending it by post to the secretary thereof by letter addressed to him at his usual or last-known place of abode or business.
116. False return or declaration
[Section 116 Amended by No. 55 of 1965, s. 5 ][Section 116 Amended by No. 10 of 1971, s. 41 ][Section 116 Amended by No. 40 of 1983, s. 44 and Sched. 1 ][Section 116 Amended by No. 53 of 1993, s. 12 and Sched. 1 ]No person who is required by or under this Act to furnish a return or supply any information shall make or furnish a return or supply any information that to his knowledge is false or misleading.Penalty: Fine not exceeding 20 penalty units or imprisonment for a term not exceeding 3 months.
117.
[Section 117 Subsection (1) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 117 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 117 Subsection (1) amended by No. 10 of 1971, s. 42 ][Section 117 Subsection (1) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 117 Subsection (1) amended by No. 22 of 1990, s. 17 ][Section 117 Subsection (1) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 117 Subsection (2) amended by No. 83 of 1999, Sched. 8, Applied:01 Dec 1999] [Section 117 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 117 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 117 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 117 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
118. General penalty
[Section 118 Substituted by No. 40 of 1983, s. 42 ][Section 118 Amended by No. 53 of 1993, s. 12 and Sched. 1 ]A person who is guilty of a contravention of, or failure to comply with, a provision of this Act for which no penalty is prescribed elsewhere in this Act is guilty of an offence against this Act and is liable on summary conviction to a fine not exceeding 20 penalty units.
119. Regulations
[Section 119 Amended by No. 22 of 1980, s. 17 ]
(1) The Governor may make regulations for the purposes of this Act.
(2) [Section 119 Subsection (2) amended by No. 98 of 1957, s. 9 ][Section 119 Subsection (2) amended by No. 1 of 1974, s. 33 ][Section 119 Subsection (2) amended by No. 104 of 1977, s. 13 ][Section 119 Subsection (2) amended by No. 40 of 1983, s. 43 ][Section 119 Subsection (2) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 119 Subsection (2) amended by No. 32 of 1989, s. 7 ][Section 119 Subsection (2) amended by No. 22 of 1990, s. 17 ][Section 119 Subsection (2) amended by No. 53 of 1993, s. 11 ][Section 119 Subsection (2) amended by No. 32 of 1994, s. 15 ][Section 119 Subsection (2) amended by No. 70 of 1994, s. 11 ][Section 119 Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]In particular, and without prejudice to the generality of subsection (1) , the regulations may –(a) [Section 119 Subsection (2) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 119 Subsection (2) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(b) [Section 119 Subsection (2) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(ba) [Section 119 Subsection (2) amended by No. 38 of 2001, s. 31, Applied:01 Jul 2001] . . . . . . . .
(bb) [Section 119 Subsection (2) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(c) [Section 119 Subsection (2) amended by No. 83 of 1999, Sched. 10, Applied:01 Dec 1999] [Section 119 Subsection (2) amended by No. 88 of 2000, Sched. 2, Applied:05 Mar 2001] prescribe the cases in which, and the reasons for which, TOTE Tasmania may refuse to grant totalizator licences;
(ca) prescribe the classes of totalizator which may be conducted in addition to those set out in section 57G (1) (a) and (b) ;
(cb) prescribe the conditions on and subject to which a totalizator of any class may be used and the conditions and contingencies with reference to which dividends payable from such a totalizator shall be determined, and generally regulate the use of totalizators;
(cc) provide that bets by means of a totalizator may be declared off by any person or persons prescribed in the regulations;
(cd) prescribe the form of tickets, returns, and any other documents to be used in the conduct of totalizator betting;
(ce) provide for the prevention of fraud in relation to totalizator betting and matters incidental thereto;
(cf) provide for the control of the admission of persons to totalizators and the exclusion from one or more totalizators of any specified person or class of persons either absolutely or subject to such conditions as may be specified;
(cg) provide for the conduct of persons in totalizators;
(ch) [Section 119 Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 119 Subsection (2) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] prescribe the payment to be made, or the manner of determining the payment to be made, by a club committee to TOTE Tasmania in any case where TOTE Tasmania conducts a totalizator for and on behalf of the club committee; and
(ci) [Section 119 Subsection (2) amended by No. 83 of 1999, Sched. 11, Applied:01 Dec 1999] [Section 119 Subsection (2) amended by No. 88 of 2000, Sched. 3, Applied:05 Mar 2001] provide for the submission by TOTE Tasmania to the Minister and to the Treasurer of periodical returns of money received by TOTE Tasmania and the disbursement of those moneys;
(d) [Section 119 Subsection (2) amended by No. 38 of 2001, s. 31, Applied:01 Jul 2001] [Section 119 Subsection (2) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(da) [Section 119 Subsection (2) amended by No. 38 of 2001, s. 31, Applied:01 Jul 2001] . . . . . . . .
(db) [Section 119 Subsection (2) amended by No. 103 of 1999, s. 10, Applied:22 Dec 1999] [Section 119 Subsection (2) amended by No. 38 of 2001, s. 31, Applied:01 Jul 2001] . . . . . . . .
(e) [Section 119 Subsection (2) amended by No. 103 of 1999, s. 10, Applied:22 Dec 1999] . . . . . . . .
(3) [Section 119 Subsection (3) added by No. 71 of 1955, s. 17 ][Section 119 Subsection (3) amended by No. 83 of 1983, s. 31 and Sched. 1 ][Section 119 Subsection (3) amended by No. 86 of 1987, s. 11 ][Section 119 Subsection (3) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(3A) [Section 119 Subsection (3A) inserted by No. 40 of 1983, s. 43 ][Section 119 Subsection (3A) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(3B) [Section 119 Subsection (3B) amended by No. 83 of 1999, Sched. 4, Applied:01 Dec 1999] [Section 119 Subsection (3B) inserted by No. 40 of 1983, s. 43 ][Section 119 Subsection (3B) amended by No. 83 of 1983, s. 3 and Sched. 1 ][Section 119 Subsection (3B) amended by No. 22 of 1990, s. 17 ][Section 119 Subsection (3B) amended by No. 53 of 1993, s. 12 and Sched. 1 ][Section 119 Subsection (3B) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(4) [Section 119 Subsection (4) substituted by No. 71 of 1995, s. 3 and Sched. 1 ][Section 119 Subsection (4) omitted by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
(5) [Section 119 Subsection (5) inserted by No. 40 of 1983, s. 43 ]Regulations under subsection (1) may be made subject to such conditions, or be made so as to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.
(6) [Section 119 Subsection (6) amended by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] [Section 119 Subsection (6) inserted by No. 40 of 1983, s. 43 ][Section 119 Subsection (6) amended by No. 53 of 1993, s. 12 and Sched. 1 ]Regulations under subsection (1) may provide that it is an offence, punishable on summary conviction, for a person to contravene, or fail to comply with, any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 20 penalty units.
(7) [Section 119 Subsection (7) inserted by No. 40 of 1983, s. 43 ]A regulation under subsection (1) may authorise any matter or thing to be from time to time determined, applied, or regulated by any person or body specified in the regulation.
PART VIII - Savings and Transitional Provisions
120. Totalizator districts
(1) The Governor may, on the recommendation of the Minister, from time to time proclaim a part of the State, however delineated or described, to be a totalizator district for the purposes of this Act.
(2) Section 63 does not apply to a bookmaker paying out a winning bet in respect of a race which was run prior to the time when the district, in which the place where the bet was so paid is situated, was proclaimed a totalizator district.
121.
[Section 121 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
122.
[Section 122 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
123.
[Section 123 Repealed by No. 38 of 2001, s. 32, Applied:01 Jul 2001] . . . . . . . .
124.
[Section 124 Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] . . . . . . . .
SCHEDULE I - Acts Repealed
[Schedule I Amended by No. 18 of 1953, s. 9 ] Section 2
Year and number of Act | Short title of Act |
23 Geo. V No. 39 | Bookmakers Act 1932. |
26 Geo. V No. 25 | Totalisator Act 1935. |
26 Geo. V No. 31 | Gaming Act 1935. |
1 Edw. VIII No. 7 | Totalisator Act 1936. |
2 Geo. VI No. 64 | Totalisator Act 1938. |
4 & 5 Geo. VI No. 77 | Totalisator Act 1940. |
4 & 5 Geo. VI No. 87 | Bookmakers Act 1941. |
6 Geo. VI No. 42 | Gaming Act 1942. |
8 & 9 Geo. VI No. 23 | Gaming Act 1944. |
9 Geo. VI No. 26 | Totalisator Act 1945. |
10 Geo. VI No. 16 | Totalisator Act 1946. |
11 & 12 Geo. VI No. 79 | Bookmakers Act 1947. |
No. 17 of 1951 | Bookmakers Act 1951. |
No. 85 of 1951 | Bookmakers Act (No. 2) 1951. |
SCHEDULE II
[Schedule II Substituted by No. 83 of 1983, s. 30 ][Schedule II Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005] SCHEDULE III
[Schedule III Repealed by No. 64 of 2004, Sched. 1, Applied:01 Jan 2005]