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Racing Industry Act 2020

Offshore betting charges and other matters - Offshore betting charges - General provisions

121: Obligation to pay penalty not suspended by review or legal proceedings

You could also call this:

“You must pay penalties even if you're challenging them, but you'll get a refund if you win”

If you’re an offshore betting operator and you have to pay a penalty, you still need to pay it even if you ask for a review or take legal action. The designated authority can still collect the penalty during this time.

If you pay the penalty but later it’s found that you shouldn’t have had to pay it (or part of it), the designated authority will give you back the money you shouldn’t have paid. They’ll do this as soon as they can.

Remember, even if you’re trying to challenge the penalty, you still have to pay it while that’s happening. But don’t worry, if it turns out you were right, you’ll get your money back.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS292221.

Topics:
Money and consumer rights > Gambling Business > Industry rules
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120: Recovery of outstanding charges and penalties, or

"How to get money back from betting companies who owe charges or penalties"

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122: Appeal to District Court, or

"You can ask a court to check if your betting penalty was fair"

Part 5 Offshore betting charges and other matters
Offshore betting charges: General provisions

121Obligation to pay penalty not suspended by review or legal proceedings

  1. An offshore betting operator’s obligation to pay, and the designated authority’s right to receive and recover, a penalty imposed is not suspended by—

  2. a request for review under section 112(4)(b) or 116(4)(b); or
    1. any legal proceedings relating to the penalty.

      1. Subsection (3) applies if an offshore betting operator pays a penalty amount, and, on review or in legal proceedings, it is found that the betting operator was not liable for the penalty or any part of the penalty.

      2. The designated authority must, as soon as practicable, refund to the offshore betting operator the amount of the penalty or part of the penalty for which the offshore betting operator was not liable.

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