Race Fields and Corporate Wagering Operators

Background

 The regulations of the Racing Legislation Amendment Act (Race Fields Legislation) took effect from July 1 2008.

Race Fields Legislation was introduced to target wagering operators who were profiting from using NSW racing product without making a contribution to the industry. As of 1 September 2008, it became an offence to publish NSW race fields unless previously authorised to do so by the relevant controlling body.

Those operators who continue to publish / use race fields as part of their operations without approval can face heavy penalties with corporations facing $55,000 fines, individuals facing $5,500 fines, or 12 months imprisonment for a first offence. 

The Legislation & Regulations:

The legislation:

  •  Prohibits the publication of race fields without approval from the relevant controlling body, which must use set conditions and guidelines in approving applications including a standard fee of 1.5 - 2.5% of net wagering turnover for operators licensed in Australia.
  • Allows for a premium charge of 2.5 -3% of net wagering turnover for all races at any meeting that has at least one race valued at $30,000 or more.
  • Sets criteria which controlling bodies must follow in assessing any application to publish race fields, with written reasons for the decision to approve or reject an application.
  • Enables aggrieved applicants to have a decision reviewed by the Minister, and
  • Allows the decision of the minister to be reviewed by the Administrative Decisions Tribunal    

Racing Administration Act 1998 - Sect 32A

Meaning of “use NSW Race Field Information”

32A Meaning of “use NSW Race Field Information”

For the purposes of this Division, a person
"uses NSW race field information" only if the person, whether in Australia or elsewhere:

(a) publishes any NSW race field information, or

(b) communicates any NSW race field information to a person (regardless of whether the person already knew the information), or

(c) acknowledges or confirms any NSW race field information communicated to the person (including acknowledging or confirming the information by accepting, or facilitating the making of, a bet), or

(d) makes a written or electronic record (such as a betting ticket, statement of account or notice) that contains or refers to any NSW race field information (regardless of whether the record is communicated to any person), or

(e) uses any NSW race field information in a manner prescribed by the regulations, or

(f) causes any of the activities referred to in paragraphs (a)-(e) to occur.    

What is NSW Harness Race Field Information

NSW Harness Race Field Information is any information that identifies, or is capable of identifying, the name/s or number/s of the horses that have been nominated for, or will take part in, a harness race to be held at a NSW harness race meeting or that have been scratched or withdrawn from a harness race to be held at a NSW harness race meeting.

Definition of Use of harness race field information

The Racing Administration Act defines “uses NSW race field information” extremely broadly to include, amongst other things, any oral, visual, written, electronic or other display or communication. Also included is any recording of race field information on betting sheets, computer records and betting tickets, regardless of whether or not such recording is provided to a third party. At a practical level, any wagering operator who fields on NSW harness racing should assume their wagering activities will involve the use of NSW race field information and apply for approval from HRNSW.

Fee Structure

The fee structure applicable to the use of NSW harness race fields is tabled below:

Classification

          

Jurisdiction

Conditions

Example  

Fee            

Wagering Operator Australia   TAB, SprotsBet, Betfair, Tom Waterhouse

1.5% of Non-Totalizator derived odds or 2.5% of Totalizator derived odds of Net Harness Turnover.

Turnover or 2.5% of Non Totalizator derived odds or 3% Totalizator derived odds of Net Harness Turnover at Premium Meetings.

Non-Wagering Operator International   NZTAB, operators based in Fiji 3.0% of Net Harness Turnover.
Non-Wagering Operator Australia Deriving a commercial benefit from the publication race fields A person or company using NSW race fields as part of a statistical analysis program or service for which a subscription fee is charged to other persons for use or access 1.5% of Net Harness Turnover or 2.5% of Net Harness Turnover at Premium Meetings.
Non-Wagering Operator International Deriving a commercial benefit  from the publication of race fields A person or company using NSW race fields as part of a statistical analysis program or service for which a subscription fee is charged to other persons for use or access 3.0% of Net Harness Turnover
Non-Wagering Operator Australia and International Not deriving a commercial benefit from the publication of NSW race fields RISE, Internet based tipping or analysis openly available for no fee Nil

 No application fee will be payable however any third party fees or charges involved in processing the application (e.g. NSW police checks) will be passed on to the applicant.

Additional Information Relating to Race Fields Conditions

Approval Conditions 2017 - Marked Up click here
Approval Conditions 2017 click here
Approval Conditions 2016 – From 01/09/2015  click here 
Approval Conditions 2016 click here
Approval Conditions 2015 click here
Race Fields Turnover Report form click here
Notes in relation to Bet Backs click here
NSW Premium Meetings click here
Approved Wagering Operators click here

Forms

Please click here for Race Fields and Bookmaker Forms 

Legislation and Regulations

Please click here for relevant Legislation relating to Race Fields

 Questions

If you have any questions please contact:
Ms Leslie Lowe (Finance Officer)
Ph:     02 9722 6634
Fx:     02 8580 5794
Email: llowe@hrnsw.com.au