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Racing Industry Act 2020

Offshore betting charges and other matters - Offshore betting charges - Betting information use charges

112: Penalty for using New Zealand racing and sporting information in contravention of section 110

You could also call this:

“Punishment for wrongly using New Zealand racing and sports information”

If you’re an offshore betting operator and you use New Zealand racing and sporting information when you shouldn’t, you can get in trouble. The designated authority can give you a penalty notice if they think you’ve broken the rules in section 110.

The penalty notice might tell you to pay a fine. The fine could be three times the average amount that other offshore betting operators usually pay for similar events. You’ll need to pay this fine by the date they tell you.

To work out how much the fine should be, the designated authority will look at what other operators have paid in the last 12 months. They’ll write this down in a certificate and put it on their website.

If you get a penalty notice, you have to pay the fine. But you can also ask the designated authority to look at their decision again if you think it’s unfair.

If you keep using New Zealand racing and sporting information when you’re not supposed to, even after getting a penalty notice, you might get another notice. This time, the fine could be twice as much as the first one.

The designated authority will put a copy of your penalty notice on their website for everyone to see.

The rules about how much the fine can be might change sometimes, based on new regulations.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS326488.

Topics:
Money and consumer rights > Gambling Business > Industry rules
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"Rules for using New Zealand racing and sports information in betting"

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Part 5 Offshore betting charges and other matters
Offshore betting charges: Betting information use charges

112Penalty for using New Zealand racing and sporting information in contravention of section 110

  1. The designated authority may issue a penalty notice to an offshore betting operator if it is satisfied the operator has used New Zealand racing and sporting information in the conduct of its betting operations in contravention of section 110.

  2. The penalty notice may require the offshore betting operator to—

  3. pay to the designated authority, as a penalty, an amount that is 3 times the average amount paid by offshore betting operators to the relevant racing code, relevant New Zealand national sporting organisations, or Sport and Recreation New Zealand (as the case may be) for a similar racing or sporting event; and
    1. pay the penalty amount by the date specified in the notice.

      1. For the purposes of subsection (2), the designated authority must—

      2. issue a certificate that sets out the average amount paid by offshore betting operators to the relevant racing code, relevant New Zealand national sporting organisation, or Sport and Recreation New Zealand (as the case may be) for the similar racing or sporting event in the previous 12 months before the date on which the notice is issued; and
        1. publish a copy of the certificate on an Internet site maintained by or on behalf of the designated authority.

          1. An offshore betting operator who is issued with a penalty notice under this section—

          2. must pay the penalty:
            1. may request the designated authority to review the decision to issue the notice.

              1. A penalty notice under this section must be in the prescribed form (if any) and be issued in the prescribed manner.

              2. If, after being issued with a penalty notice under this section, an offshore betting operator continues to use New Zealand racing and sporting information in contravention of section 110, the designated authority may issue a further penalty notice to the operator that requires it pay a penalty that is 2 times the amount specified in the original notice.

              3. The multiplier figure specified in subsection (2)(a) and (6) may be adjusted (upwards or downward) in accordance with regulations made under section 123.

              4. As soon as practicable after issuing a penalty notice, the designated authority must publish a copy of the notice on an Internet site maintained by or on behalf of the designated authority.