Statute in Full:
RACING ACT 2002 Reprinted as in force on 1 July 2010 Reprint No. 2G
>
TABLE OF PROVISIONS
Contents
CHAPTER 1--INTRODUCTION
1. Short title
2. Commencement
3. Act binds all persons
4. Main purposes of Act and how they generally are achieved
5. Definitions
6. Betting under this Act is lawful
CHAPTER 2--CONTROL BODIES TO MANAGE CODES OF RACING
Part 1--Main purposes of chapter
7. Main purposes of ch 2 and how they generally are achieved
Part 2--Control bodies generally
Division 1--Meaning of eligible corporation and eligible individual
8. Meaning of eligible corporation
9. Meaning of eligible individual
Division 2--Applying for approval as control body for a code of racing
10. An eligible corporation may apply for approval as a control body
11. Approval application to be accompanied by specific matters
12. Evidence of matters to be included in an approval application
Division 3--Referral of approval application to chief executive for
processing
13. Minister to refer an approval application to the chief executive
for assessment and other action
14. Advertising notice about an approval application
15. Objection to approval application
Division 4--When there is more than 1 approval application relating to a
particular type of animal racing
16. Application of div 4
17. Chief executive must call meeting of all approval applicants
Division 5--Assessment actions by chief executive for approval
applications
18. Assessment of an approval application if only 1 application
19. Assessment of an approval application if more than 1 application
20. Assessing approval applicant or approval applicants
21. Chief executive may require further information or documents to
support approval application as part of investigations under s 20
22. Chief executive must request fingerprints of business associates
and executive associates of the approval applicant
23. Obtaining the criminal history of an individual
Division 6--Ministerial decision about approval applications
24. Minister to consider and decide approval application
25. Information notice about Minister's decision
26. When Minister must give an approval to approval applicant
27. Form of approval
Division 7--Other matters relating to approvals and approval applications
28. Approval continues in force unless cancelled or suspended
29. Yearly fee payable by each control body
30. Regulation may prescribe a condition applying to an approval
31. Variation of approval of control body
32. Destruction of fingerprints
Part 3--Control bodies for codes of racing
Division 1--Function and powers of control bodies
33. Function of control body
34. Powers of control body for its code of racing
34A. Control body approved for more than one code of racing
35. Control body may charge fees for its services
Division 2--Obligations of control bodies other than for policies
36. Obligation to implement plans as stated in approval application
37. Obligation to have internal controls
38. Obligation to have racing calendar for code of racing
39. Obligation to have program to audit licensed animals, clubs,
participants and venues
40. Obligation to enter into agreement about scientific and
professional services
Division 3--Annual reporting by control bodies and related issues
41. Annual reporting by control body
42. Notice about change of executive officers
43. Notice of event resulting in a control body not being an eligible
corporation
44. Notice of event resulting in executive officer no longer being an
eligible individual
Part 4--Actions relating to control bodies and codes of racing
Division 1--Ministerial directions to control bodies
45. Minister may give a direction to control body about its policies
or rules
Division 2--Audit regime and other investigations
46. Program for auditing suitability of control bodies
47. Investigations into suitability of a control body
48. Investigation into suitability of associate of control body
49. Requirement to give information or document for investigation
50. Failure to give information or document for investigation
51. Criminal history report for investigation
Division 3--Disciplinary action against control bodies
52. Grounds for disciplinary action relating to the approval of a
control body for its code of racing
53. Show cause notice
54. Consideration of representations
55. Immediate suspension of an approval
56. Censuring control body
57. Direction to control body to rectify matter
58. Action by Minister
Division 4--Other provisions about control bodies
59. Control body is unit of public administration
60. Audit by auditor-general
60A. Disclosure of interest in licensed animal by executive officer of
control body
60B. Payment of share of net UNiTAB product fee as prize money
CHAPTER 3--CONTROL BODIES MANAGING THEIR CODES OF RACING
Part 1--Introduction
78. Purposes of ch 3
79. Policies and rules of racing are statutory instruments
Part 2--Policies
Division 1--General provisions about policies
80. Policy may be made because of this Act or a Ministerial direction,
or for good management
81. Matters for which a control body must have a policy
82. Further provisions about particular policies
83. Form of each policy
84. Availability of policies
85. Application of policy
Division 2--Policy about licensing scheme
86. Purposes of control body's licensing scheme
87. Control body's policy for a licensing scheme
88. Application for licence
89. Licences may not be transferred
Division 3--Other matters about policies
90. Same animal, participant or venue may be licensed by control
bodies
Part 3--Rules of racing
Division 1--General provisions about rules of racing
91. Obligation to have rules of racing for code of racing
94. Availability of rules of racing
Division 2--Appeals under rules of racing
95. Appeal against some decisions of steward under rules of racing
96. Establishment of appeal committee
97. Matters relating to establishment of appeal committee
98. How appeal committee may consider an application for appeal
99. Powers of appeal committee on appeal
100. Form of decisions of appeal committee
Part 4--Control bodies may take certain action against licensed clubs
101. Grounds for suspension or cancellation
102. Show cause notice
103. Representations about show cause notice
104. Immediate suspension of licensed club's licence
105. Censuring licensed club
106. Direction to licensed club to rectify matter
107. Suspension or cancellation
Part 5--Provisions applying to licensed clubs
Division 1--Contravention of this part constitutes a ground for suspending
or cancelling a licensed club's licence
108. Contravention by licensed club constitutes a ground for
disciplinary action
Division 2--Race meetings
109. Licensed club to hold race and betting meeting at licensed venue
when under control of control body that licensed club and venue
Division 3--Audited accounts of licensed clubs and related matters
110. Licensed club to give audited accounts to control body
Division 4--Provisions for licensed clubs that are non-proprietary
entities
111. Definitions for div 4
112. Application of revenues, profits etc. of licensed club that is or
was a non-proprietary entity
113. Prohibition of disposal of assets etc. of non-proprietary entity
113AA. Dealing with assets of non-proprietary entity
Part 6--Use of Queensland race information
113A. Definitions for pt 6
113B. Meaning of betting exchange
113C. Use of Queensland race information
113D. Application for race information authority
113E. Decision
113EA. Standard condition of race information authority
113EB. Use of documents or information by control body
113EC. Effect of providing documents or information about wagering
activity
113F. Cancellation of race information authority
113G. Authorisations for competition legislation
CHAPTER 4--INTEGRITY CONTROL
Part 1--Racing Animal Welfare and Integrity Board
Division 1--Establishment, functions and powers of integrity board
114. Establishment of Racing Animal Welfare and Integrity Board
115. Functions and powers of integrity board
Division 2--Membership
116. Membership of integrity board
117. Qualification for appointment as board member
118. Resignation
119. Vacation of office
120. Leave of absence for a board member and person acting as member
121. Effect of vacancy in membership of integrity board
122. Remuneration of board members
Division 3--Integrity board business
123. Conduct of business
124. Time and place of, and quorum for, board meetings
125. Presiding at board meetings
126. Conduct of board meetings
127. Minutes and records
128. Disclosure of interest
Part 2--Accreditation of facilities
129. Accreditation application
130. Chief executive may ask for further information
131. Chief executive may accredit facilities
132. Accreditation certificate
133. Regulation may prescribe a condition applying to an accreditation
134. Variation of accreditation by application of accreditation holder
Part 3--Disciplinary proceedings relating to accredited facility
135. Grounds for disciplinary action relating to accredited facility
136. Show cause notice
137. Representations about show cause notice
138. Immediate suspension of an accreditation
139. Censuring accreditation holder of an accredited facility
140. Direction to accreditation holder to rectify matter
141. Action by chief executive
Part 4--Dealing with, and analysis of, things
Division 1--Definitions
142. Definitions for pt 4
Division 2--Taking and dealing with things for analysis
143. Way control body may take or deal with a thing for analysis
144. Way things taken for analysis by integrity officer or qualified
person must be taken and dealt with
145. Person must not interfere with container in which things are
placed
Division 3--Analysing things delivered for analysis
146. Analysis of thing
147. Procedure after analysis
148. If analysis can not be completed
149. Certificate of accredited veterinary surgeon
CHAPTER 5--REVIEW OF DECISIONS BY TRIBUNAL
150. Decisions that may be reviewed by the tribunal
151. Decisions that may not be reviewed by the tribunal
152. What happens if appeal committee refuses to hear or fails to
decide an appeal
153. Tribunal to hear review within 28 days
154. Constitution of tribunal
CHAPTER 6--RACING BOOKMAKERS
Part 1--Requirements for racing bookmakers' licences and for related
matters
194. Requirement to hold racing bookmaker's licence
195. Requirement for racing bookmaker to hire licensed clerk
196. Requirement to hold licence as a racing bookmaker's clerk
197. Requirement to produce licence
198. Requirement for control body to ensure certain persons have
current licences
199. Unlawful bookmaking by racing bookmaker
200. Requirements for betting by racing bookmakers
Part 2--Licensing of persons as racing bookmakers
201. Applicant for racing bookmaker's licence to hold eligibility
certificate
202. What corporate licence must include
Part 3--Eligibility certificates
Division 1--Suitability of applicants and business and executive
associates
203. Suitability of applicants for eligibility certificate
204. Suitability of associates
205. Other matters about suitability
Division 2--Applications for, and issue of, eligibility certificates
206. Application for eligibility certificate
207. Requirements about applications
208. Further information or documents to support application
209. Taking fingerprints
210. Consideration of application
211. Conditions for granting application for eligibility certificate
212. Investigation of suitability of persons
213. Criminal history reports for investigations
214. Requirement of associate to give information or document for
investigation
215. Requirement of control body to give information or document for
investigation
216. Failure by control body to give information or document for
investigation
217. Decision on application
218. Form of eligibility certificate
219. Period for which eligibility certificate has effect
220. Date by which certificate holder must apply for racing bookmaker's
licence
221. Corporate certificate holder must advise gaming executive of
change in executive officers or persons with substantial holdings
222. Gaming executive may amend eligibility certificate to show change
in executive officers
Division 3--Investigations of certificate holders and their business and
executive associates
223. Audit program
224. Investigations into suitability of certificate holder
225. Investigation into suitability of associate of certificate holder
226. Requirement to give information or document for investigation
227. Criminal history report for investigation
228. Gaming executive may require control body to give information or
document for investigation
229. Failure to give information or document for investigation
Division 4--Cancellation of eligibility certificates
230. Grounds for cancellation
231. Show cause notice
232. Involvement of control bodies in show cause process
233. Consideration of representations
234. Ending show cause process without further action
235. Censuring certificate holder
236. Cancellation of eligibility certificate
237. Return of cancelled eligibility certificate
238. Automatic cancellation of all licences granted to racing
bookmakers
239. Notice to control bodies of decisions
Division 5--Other matters relating to eligibility certificates
240. Surrender of eligibility certificate
241. Destruction of fingerprints
Division 6--Review of decisions relating to eligibility certificates
242. Review by QCAT of decisions relating to eligibility certificates
Part 4--Other provisions about racing bookmakers
249. When a racing bookmaker may make a bet with a person who is not
present at a licensed venue
250. Racing bookmakers to maintain policy of insurance or bond to
indemnify bettors against default
251. Control bodies to ensure racing bookmakers have policies of
insurance or bond
252. Prohibition of betting by racing bookmaker with minor
253. Lawful bet by racing bookmaker is taken to be a valid contract
254. Payment and settlement of bets
Part 5--Miscellaneous
255. Bookmaking on certain declared sporting contingencies
256. Racing bookmaker's agent during certain periods
257. Control body to give notice of certain actions about racing
bookmakers to gaming executive
258. Gaming executive may give information to control body about racing
bookmaker or applicant for eligibility certificate
259. Delegation by gaming executive
260. Approval of forms for ch 6
CHAPTER 7--AUTHORISED OFFICERS
Part 1--Appointment and functions
261. Appointment and qualifications
262. Functions of authorised officers
263. Appointment conditions and limit on powers
264. Issue of identity card to each authorised officer
265. Production or display of identity card
266. When authorised officer ceases to hold office
267. Resignation
268. Return of identity card
Part 2--Powers of authorised officers
Division 1--Entry to places other than vehicles
269. Application of div 1
270. Power of entry
271. Procedure for entry with consent
272. Other entries without warrant
273. Application for warrant
274. Issue of warrant
275. Special warrants
276. Warrants—procedure before entry
Division 2--Entry to vehicles
277. Application of div 2
278. Power of entry
279. Procedure before entry
280. Power to stop vehicle that may be entered
281. Failure to obey signal
282. Other powers relating to vehicles that may be entered
Division 3--Powers for entry to all places
283. Application of div 3
284. General powers of compliance officer after entering places
285. General powers of integrity officer after entering places
286. Power to require reasonable help or information
Division 4--Seizure
287. Definition for div 4
288. Power to seize evidence—entry without consent or warrant
289. Power to seize evidence—entry with consent or warrant
290. Securing seized things
291. Offence to tamper with seized thing
292. Powers to support seizure
293. Receipt for seized thing
294. Return of seized thing
295. Access to seized thing
Division 5--Forfeiture
296. Forfeiture by authorised officer
297. Forfeiture on conviction
298. Dealing with forfeited sample or thing
Division 6--Other powers
299. Power to require name and address
300. Failure to give name or address
301. Power to require information about contravention
302. Failure to give information about contravention
303. Power to require production of documents
304. Failure to produce document
Part 3--Offences relating to authorised officers
305. False or misleading statements
306. False or misleading documents
307. Obstruction of authorised officer
Part 4--Notice of damage and compensation
308. Notice of damage
309. Compensation
Chapter 8--Offences
Part 1--Offences
Division 1--Offences relating to administration of Act
310. Definitions for div 1
311. Protection for persons about whom confidential information or
background documents obtained
312. Forgery and uttering Act documents
313. Making a false statement in application or other document
Division 2--Offences relating to racing contingencies
314. Definitions for div 2
315. Person must not conduct a racing contingency
Division 3--Offences relating to prohibited things or interfering with
licensed animals, persons or things
316. Definitions for div 3
317. Person must not possess prohibited thing at particular places
318. Person must not use prohibited thing on, or interfere with, a
licensed animal
319. Person must not interfere with licence holder or official of a
control body
Division 4--Unlawful bookmaking, places where betting done unlawfully and
other provisions
320. Application of div 4
321. Unlawful bookmaking other than by racing bookmakers etc.
322. Illegal betting place
323. Prohibition on opening, keeping, using or promoting an illegal
betting place
324. Contravention of s 321 or 323
325. Using an illegal betting place
326. Prohibition of betting at public place
Division 5--Other offences
327. Interfering with particular things at licensed venue or places for
holding trials
328. Attempt to commit offence
Part 2--Legal proceedings
Division 1--Evidence
329. Application of div 1
330. Appointments and authority
331. Signatures
332. Evidentiary aids—documents
333. Other evidentiary provisions
Division 2--Matters about offence proceedings, indictable and summary
offences
334. Types of offences
335. Proceedings for indictable offence
336. Limitation on who may summarily hear indictable offence
337. Limitation on time for starting summary proceeding
338. Increased penalties
339. Executive officers must ensure corporation complies with Act
CHAPTER 9--MISCELLANEOUS PROVISIONS
Part 1--Miscellaneous provisions relating to racing and betting
340. Time race meeting taken to commence
341. Void betting contracts etc.
342. Betting and other activities to which s 341 does not apply
Part 2--Forms and use of e-mail addresses
343. Approved forms
344. Electronic applications
345. Electronic notices about applications
346. E-mail address for service generally
347. Acts Interpretation Act 1954, s 39 not limited by ss 344-346
Part 3--Administrative and other matters
348. Protection from liability
349. Things to be done as soon as practicable
350. Satisfaction, belief or suspicion must be on grounds that are
reasonable in the circumstances
351. Matters must be considered appropriate on grounds that are
reasonable in the circumstances
352. Records about drugs and veterinary surgeons
352A. Integrity of analysis of thing
353. Fees etc. that are owing to the State are debts
354. Delegations
Part 4--Regulations
355. Regulation-making power
CHAPTER 10--REPEAL, TRANSITIONAL PROVISIONS AND OTHER PROVISIONS
Part 1--Repeal
356. Repeal of Racing and Betting Act
Part 2--Transitional provisions for Racing Act 2002
Division 1--Definition for part 2
357. Definition for pt 2
Division 2--Provisions relating to chapter 2
Subdivision 1--Matters about relocated provisions and control bodies under
the repealed Act
358. Effect of relocation
359. Codes of racing for which continuing control bodies responsible
360. Things done under relocated provisions continue to have effect
361. Relocation does not affect legal personality etc.
362. Relocation does not affect existing legal relationships
363. Function of continuing control body
364. Powers of continuing control body
365. Minister to give each continuing control body an approval
366. Membership of continuing control body and chairpersons
367. Delegations by continuing control bodies
368. Application of this Act to continuing control body
369. Racing calendar
Subdivision 2--Transitional provisions for provisions about control bodies
under chapter 2
371. When corporation may apply for approval as control body for
thoroughbred, harness or greyhound racing
Subdivision 3--Racing associations
372. Membership of racing association and chairpersons
Subdivision 4--Queensland Regional Racing Council
373. Continuation of council and its members and chairperson
Division 3--Provisions relating to chapter 3
374. Licences and other forms of authority continue to have effect
375. Actions by control body continue to have effect
376. Consultation to be undertaken as part of development of policy
377. Rules of continuing control bodies are rules of racing under this
Act
378. Amendment etc. of rules continued in force under s 377
379. Registered clubs taken to be licensed
380. Directions for s 101
Division 4--Provisions relating to chapter 4
381. Definitions for div 4
382. Integrity board is continuation of advisory board
383. Members and chairperson of advisory board continue as board
members and board chairperson
384. Racing science centre taken to be accredited facility
Division 5--Provisions relating to chapter 5
385. Definitions for div 5
386. Tribunal is continuation of Racing Appeals Authority
387. Members of authority continue in office as tribunal members etc.
388. Appeals under repealed Act
389. Decisions of authority
Division 6--Provisions relating to chapter 6
390. Racing bookmaker and racing bookmaker's clerk
391. Eligibility certificate
392. Audit program and investigation
393. Cancellation of eligibility certificate
394. Appeal relating to eligibility certificate
395. Approved bookmaking system under repealed Act taken to be approved
under s 141 by continuing control body
Division 7--Miscellaneous provisions
396. References to repealed Act
Part 3--Transitional provision for Racing Amendment Act 2005
396A. First chairperson of country racing association not required to
give notice under s 71(2) to committee
Part 4--Transitional provisions for Racing Amendment Act 2006
397. Definitions for pt 4
398. Dissolution of former board
399. New thoroughbred control body is legal successor of former board
400. Assets and liabilities etc.
401. Employees of former board
402. Proceedings
403. Things done by former board
404. Rights and obligations of former board under this Act
405. Application of audit regime to new thoroughbred control body
406. Provision for committee members
407. Provision for application of s 68M
408. Appeals
409. Continuation of action started against licensed club under ch 3,
pt 4
410. Pt 4 does not affect existing legal relationships
411. References to former board
Part 5--Transitional provisions for Racing Amendment Act 2008
412. Definitions for pt 5
413. Dissolution of former boards
414. New control bodies are legal successor of former boards
415. Assets and liabilities etc.
416. Employees of former boards
417. Proceedings
418. Things done by former board
419. Rights and obligations of former boards under this Act
420. Application of audit regime to new greyhound control body and new
harness control body
421. Appeals
422. Continuation of action started against licensed club under ch 3,
pt 4
423. Continuing application of confidentiality obligation to members
and employees of former continuing boards
424. Requirement for former board members to give annual report
425. Pt 5 does not affect existing legal relationships
426. References to former boards
Part 6--Transitional provisions for the Racing and Other Legislation
Amendment Act 2010
427. Definitions for pt 6
428. Cancellation of old approvals and issue of new approval
429. Assets and liabilities etc.
430. Provision taken to be included in constitutions of former control
bodies
431. Displacement provisions for Corporations legislation
432. Employees of former control bodies
433. Proceedings
434. Things done by former control bodies
435. Rights and obligations of former control bodies under this Act
436. Application of audit regime to new control body
437. Net UNiTAB product fee paid before commencement
438. Appeals
439. Continuation of action started against licensed club under ch 3,
pt 4
440. Pt 6 does not affect existing legal relationships
441. Dissolution of Queensland Country Racing Committee and country
racing associations
442. No compensation payable
443. References to former control bodies
444. Amendment of regulation by Racing and Other Legislation Amendment
Act 2010
SCHEDULE 3 DICTIONARY
Endnotes
- LONG TITLE
An Act to provide for the racing industry in Queensland, including betting on
races and sporting contingencies, and for other purposes
1 Short title
This Act may be cited as the Racing Act 2002 .
2 Commencement
(1) Subject to subsection (2), this Act commences on a day to be fixed by
proclamation.
(2) Section 398(1) and schedule 2, part 1, in relation to the amendment of the
Racing and Betting Amendment Act (No. 2) 2001, are taken to have commenced on 4
April 2002.
3 Act binds all persons
(1) This Act binds all persons, including the State and, as far as the
legislative power of the Parliament permits, the Commonwealth and the other
States.
(2) Nothing in this Act makes the State liable to be prosecuted for an offence.
4 Main purposes of Act and how they generally are achieved
(1) The main purposes of this Act are--
(a) to maintain public confidence in the racing of animals in
Queensland for which betting is lawful; and
(b) to ensure the integrity of all persons involved with racing or
betting under this Act; and
(c) to safeguard the welfare of all animals involved in racing under
this Act.
(2) Generally, the main purposes are achieved by providing for the following--
(a) the process for approving an applicant as a control body;
(b) the approval of a suitable applicant as the control body to
manage a code of racing;
(c) the performance by each control body of its function under this
Act of managing its code of racing;
(d) controls relating to the welfare of animals involved in racing,
including the control of drugs;
(e) the establishment of the Racing Animal Welfare and Integrity
Board and the accreditation of entities in relation to drug testing
and related matters;
(f) the persons who may carry on bookmaking, including a process for
obtaining an eligibility certificate from the gaming executive before
a person may be licensed by a control body as a racing bookmaker who
may carry on bookmaking at a licensed venue when it is under the
control of that control body;
(g) the investigation of matters under, and enforcement of compliance
with, this Act by authorised officers;
(h) offences and legal proceedings generally;
(i) miscellaneous and transitional matters, especially how matters
under the repealed Act may continue or otherwise be dealt with under
this Act.
5 Definitions
The dictionary in schedule 3 defines particular words used in this Act.
6 Betting under this Act is lawful
(1) If betting on the outcome of a race or sporting contingency is conducted
under this Act, the betting is lawful.
(2) Subsection (1) does not limit the Wagering Act 1998.
7 Main purposes of ch 2 and how they generally are achieved
(1) The main purposes of this chapter are--
(a) to establish a process by which an eligible corporation may be
approved as the control body for a code of racing with responsibility
for managing the code, including the involvement of animals, clubs,
participants and venues in the code; and
(b) to provide for the relationships among the Minister, the chief
executive and the control body in relation to the approval of the
control body and the code of racing.
(2) Generally, the main purposes of this chapter are achieved by providing for
the following--
(a) criteria defining eligible corporations and eligible individuals
to establish which corporations may apply for approval as a control
body;
(b) requirements for each approval applicant for a code of racing or
proposed code of racing;
(c) assessment procedures relating to an approval application,
requirements to investigate business associates and executive
associates of the approval applicant, including, for example,
obtaining their fingerprints and criminal histories;
(d) powers and obligations of a control body for its code of racing,
including obligations to implement plans forming part of the approval
application;
(e) reporting requirements that apply to a control body and
mechanisms for the Minister to monitor and discipline a control body,
including by giving directions to or auditing a control body or
taking disciplinary action relating to the approval of a control
body.
(3) This chapter also provides for offences relevant to matters dealt with in
the chapter.
8 Meaning of eligible corporation
A corporation is an eligible corporation if it--
(a) is registered under the Corporations Act; and
(b) has a constitution under the Corporations Act that, at all times,
requires--
(i) at least 3 directors; and
(ii) the persons appointed or employed as executive
officers of the corporation to be eligible individuals.
9 Meaning of eligible individual
An eligible individual is an individual who--
(a) is not affected by bankruptcy action; and
(b) does not have a disqualifying conviction; and
(c) is not subject to an exclusion action under any control body's
rules of racing; and
(d) is not licensed by, or is not an executive officer of a
corporation that is licensed by, a control body; and
(e) is not a member of a committee, or employee, of--
(i) a licensed club; or
(ii) an association formed to promote the interests of 1 or
more participants in a code of racing, whether or not
formed under this Act; and
(f) is not disqualified from managing corporations, under the
Corporations Act, part 2D.6.
10 An eligible corporation may apply for approval as a control body
(1) An eligible corporation may apply to the Minister for approval as the
control body for--
(a) a code of racing; or
(b) a proposed code of racing.
(2) The eligible corporation may apply for approval as the control body for the
application code even if the corporation is, or has applied to be, the control
body for another code of racing or proposed code of racing.
(3) The approval applicant may--
(a) withdraw the approval application; or
(b) amend the approval application subject to the matters prescribed
under a regulation about the way in which an approval application may
proceed after it is amended.
(4) The application mentioned in subsection (1) must be in the approved form.
11 Approval application to be accompanied by specific matters
(1) An approval application must be accompanied by the following--
(a) the application fee prescribed under a regulation;
(b) the approval applicant's written agreement to pay an amount that
is the cost of any mediation under section 17 divided equally among
the number of approval applicants who are given a notice about the
mediation under that section;
(c) a copy of the approval applicant's constitution under the
Corporations Act;
(d) a consent signed by each person who the approval applicant
considers is a business associate or executive associate of the
approval applicant for the following--
(i) if the associate is an individual--the individual's
fingerprints being taken for the chief executive;
(ii) for information about the associate to be obtained for
the chief executive;
(iii) for the associate's background to be investigated for
the chief executive;
(e) the approval applicant's written agreement to obtain a consent of
the type mentioned in paragraph (d) for a person whom the chief
executive believes is a business associate or executive associate of
the approval applicant but whose consent does not accompany the
approval application;
(f) the approval applicant's plans for developing, operating and
managing the application code and a timetable for implementing the
plans.
(2) The plans mentioned in subsection (1)(f) must include the approval
applicant's proposals for policies for the following--
(a) selling a product to persons lawfully conducting wagering under
the Wagering Act 1998;
(b) controlling lawful betting on races at race meetings, held under
its control as a control body, by persons carrying on bookmaking
under chapter 6;
(c) licensing animals, clubs, participants and venues involved in the
application code to ensure--
(i) the integrity of racing activities to be held under the
approval; and
(ii) the safety of persons involved in racing or training
licensed animals; and
(iii) the welfare of licensed animals and animals that may
be licensed for the application code;
(d) safeguarding the public interest in the application code;
(e) providing or participating in an appropriate education and
training system for persons who are likely to--
(i) engage in activities requiring a licence from it as a
control body; or
(ii) participate in the application code but are not
required to be licensed;
(f) a website, and the information to be accessible through the
website including policies and rules required to be published on the
website under sections 84 and 94;
(g) veterinary services to be provided at race meetings and trials
held under its control as a control body;
(h) if, as a control body, it proposes to have a policy allowing a
licence holder to appeal against a decision made by a steward of the
control body to an appeal committee established by it--appeals to an
appeal committee.
(3) Also, the plans mentioned in subsection (1)(f) must include the approval
applicant's proposals for procedures for the following--
(a) allocating sufficient resources to ensure--
(i) the welfare of animals that may be licensed; and
(ii) the prevention and management of other practices that
may impact adversely on the integrity of any code of
racing;
(b) identifying the approval applicant's way of separating its
commercial operations for the application code from its regulatory
operations for the code.
(4) The proposals for the policies and the procedures must be well developed
and, based on the assumption that the application is approved, capable of
implementation by the approval applicant within 18 months after the Minister's
approval of the application.
(5) The written agreement mentioned in subsection (1)(b), and the consent
mentioned in subsection (1)(d), must be in the approved form.
12 Evidence of matters to be included in an approval application
An approval application must include evidence establishing each of the
following--
(a) the approval applicant is an eligible corporation;
(b) each of its executive officers is an eligible individual;
(c) each of its executive officers has experience in the application
code, business and financial management, law, leadership or
marketing.
13 Minister to refer an approval application to the chief executive for
assessment and other action
(1) After receiving an approval application, the Minister must refer it to the
chief executive for assessment.
(2) The chief executive must--
(a) require the approval applicant, by notice (an advertising notice)
given to the applicant, to advertise information about the approval
application; and
(b) assess whether the approval applicant is suitable to be approved
as the control body for the application code.
14 Advertising notice about an approval application
(1) The advertising notice must state--
(a) the form of, and the information to be included in, the
advertisement; and
(b) the newspapers or other publications in which the advertisement
must appear; and
(c) the days on which the advertisement must appear in the stated
newspapers or other publications.
(2) Without limiting subsection (1)(a), the chief executive must require each
advertisement to state that a person may object to the approval application, by
giving a written submission to the chief executive in a way and by a date
stated in the advertisement (the closure date).
(3) The closure date must be at least 28 days after the advertisement first
appears in a newspaper or other publication as required under subsection (1).
(4) The approval applicant is liable for all expenses relating to the
advertisement.
15 Objection to approval application
(1) A person (an objector) may object to an approval application by written
submission given to the chief executive by the closure date stated in the
advertisement.
(2) The submission must state the objector's reasons for objecting and, if
applicable, may include conditions to which the objector believes an approval
relating to the approval application should be subject.
16 Application of div 4
This division applies if--
(a) both of the following apply--
(i) an objector's reasons for objecting to an approval
application states the objector is the appropriate eligible
corporation to be approved as the control body for the
application code;
(ii) the objector makes an approval application for the
application code within 28 days after the closure date; or
(b) before the closure date for an approval application, another
eligible corporation, other than an objector, makes an approval
application for the application code.
17 Chief executive must call meeting of all approval applicants
(1) The chief executive must, by notice given to each of the approval
applicants, call a meeting of them to explore the possibility of all of the
approval applicants reaching a mediated agreement about the eligible
corporation that should be approved as the control body for the application
code.
Example of a mediated agreement--
The approval applicants may agree to form an eligible corporation in
which they each have equal rights to appoint that corporation's
executive officers, to withdraw each of their approval applications
and to support an application by the formed eligible corporation to
be the control body for the application code.
(2) The chief executive may arrange for a suitably qualified person to be the
mediator at the meeting.
(3) If a mediated agreement can not be reached at the meeting, the chief
executive must include information about the mediation in the chief executive's
report to the Minister under section 19.
18 Assessment of an approval application if only 1 application
(1) The chief executive must assess an approval application referred to the
chief executive under section 13(1).
(2) The chief executive must prepare and give to the Minister a report relating
to the approval application (the assessed application) covering the following
to the extent that is applicable--
(a) the assessed application;
(b) submissions given to the chief executive under section 15 about
the assessed application;
(c) reports about the criminal histories of individuals who are
business associates and executive associates of the approval
applicant, given to the chief executive under section 23(2);
(d) the chief executive's assessment, as mentioned in section 13(2)
(b), about whether the approval applicant is suitable to be approved
as the control body for the application code.
(3) This section is subject to section 19.
19 Assessment of an approval application if more than 1 application
(1) This section applies if the chief executive calls a meeting of approval
applicants under section 17(1) and there is no mediated agreement supported by
all of the approval applicants.
(2) The chief executive must assess each of the approval applications.
(3) The chief executive must prepare and give to the Minister a single report
relating to each of the approval applications (the assessed applications)
covering the following to the extent that is applicable--
(a) the assessed applications;
(b) submissions given to the chief executive under section 15 about
the assessed applications;
(c) reports about the criminal histories of individuals who are
business associates and executive associates of the approval
applicants, given to the chief executive under section 23(2);
(d) the chief executive's assessment, as mentioned in section 13(2)
(b), about whether each approval applicant is suitable to be approved
as the control body for the application code;
(e) an assessment about the merits of each approval application
compared to the other approval applications;
(f) the chief executive's recommendation about which approval
applicant is best qualified and most suitable to be the control body
for the code.
20 Assessing approval applicant or approval applicants
(1) This section applies to the chief executive in assessing an approval
application as mentioned in section 18 or 19.
(2) The chief executive must decide whether the approval applicant is suitable
to be approved as the control body for the application code.
(3) For subsection (2), the chief executive must have regard to, and if
necessary, investigate each of the following--
(a) the approval application, matters accompanying or included in the
approval application as mentioned in section 11, and evidence given
by the approval applicant in support of the application about the
matters mentioned in section 12;
(b) the approval applicant's business reputation, current financial
position and financial background;
(c) the suitability of every business associate and executive
associate of the approval applicant to be associated with the
approval applicant as a control body;
(d) if the approval applicant has a business association with another
entity--
(i) the entity's character or business reputation; and
(ii) the entity's current financial position and financial
background.
(4) In deciding about the suitability of a business associate or executive
associate of the approval applicant, the chief executive must have regard to,
and if necessary investigate, each of the following--
(a) the associate's character or business reputation;
(b) the associate's current financial position and financial
background;
(c) if the associate has a business association with another entity--
(i) the entity's character or business reputation; and
(ii) the entity's current financial position and financial
background.
21 Chief executive may require further information or documents to support
approval application as part of investigations under s 20
(1) For an investigation under section 20 relating to an approval applicant,
the chief executive may, by notice given to the approval applicant, require the
applicant to give the chief executive further information or a document
relating to any of the following within a reasonable time stated in the notice-
-
(a) the approval application;
(b) the approval applicant;
(c) a business associate or executive associate of the approval
applicant;
(d) an entity with which the approval applicant has a business
association.
(2) For an investigation under section 20 relating to a business associate or
executive associate of an approval applicant, the chief executive may, by
notice given to the associate and a copy of the notice to the approval
applicant, require the associate to give the chief executive information or a
document relating to the following within a reasonable time stated in the
notice--
(a) the association with the approval applicant;
(b) an entity with which the associate has a business association.
(3) When making the requirement, the chief executive must warn the approval
applicant and associate that the approval application will not be considered
further until the requirement is complied with.
22 Chief executive must request fingerprints of business associates and
executive associates of the approval applicant
The chief executive must, by notice given to an approval applicant, ask the
applicant to make arrangements with the chief executive for the fingerprints of
each of the approval applicant's business associates and executive associates,
who is an individual, to be taken for the chief executive.
23 Obtaining the criminal history of an individual
(1) After obtaining an individual's fingerprints, the chief executive may, by
notice given to the commissioner of the police service, ask the commissioner
for a written report on the individual's criminal history.
(2) After receiving the request, the commissioner must give the report on the
individual's criminal history to the chief executive.
(3) The report is to contain--
(a) relevant information in the commissioner's possession; and
(b) relevant information the commissioner can reasonably obtain by
asking officials administering police services in other Australian
jurisdictions; and
(c) other relevant information to which the commissioner has access.
24 Minister to consider and decide approval application
(1) This section applies after the Minister is given an assessment report.
(2) Before making a decision about an approval application, the Minister must
consider the following--
(a) the assessment report;
(b) the approval application or approval applications dealt with in
the report;
(c) further documents given to the chief executive by the approval
applicant in support of the application or an amendment of the
application;
(d) submissions given to the chief executive under section 15(1) and,
to the extent applicable, any other approval applications and any
mediated agreement as mentioned in section 17(1), relating to the
application code;
(e) conditions the Minister believes should apply if the application
is approved.
(3) The Minister must not grant the application unless the Minister is
satisfied--
(a) the approval application is accompanied by, and includes, all
matters mentioned in section 11 and otherwise complies with that
section; and
(b) the approval applicant has provided evidence satisfactory to the
Minister about the matters mentioned in section 12; and
(c) either of the following--
(a) if the approval application relates to an existing code
of racing, the approval applicant is suitable to be
approved as the control body for the existing code of
racing;
(b) if the approval application relates to a proposed code
of racing, the proposed code of racing is suitable to be a
code of racing and the approval applicant is suitable to be
approved as the control body for the proposed code of
racing.
(4) Without limiting subsection (3), if the Minister is considering more than 1
approval application, the Minister must decide which approval applicant is best
qualified and most suitable to be the control body for the application code.
25 Information notice about Minister's decision
(1) After the Minister makes a decision about an approval application, the
Minister must give the approval applicant an information notice about the
decision.
(2) If the Minister grants the application, the information notice must state
the conditions imposed by the Minister to which the approval is to be subject.
(3) If the Minister's decision is that, should the approval applicant rectify a
matter within a period, the Minister would give the approval applicant an
approval under section 26, the information notice must state the matter to be
rectified, the way it may be rectified and a reasonable period for the matter
to be rectified.
Example for subsection (3)--
The approval application may be approved on the condition that the
approval applicant's constitution is changed in a stated way within a
stated period.
26 When Minister must give an approval to approval applicant
(1) This section applies if the Minister decides an approval applicant is
suitable to be approved as the control body for the application code.
(2) After all of the following have happened, the Minister must give the
approval applicant an approval as the control body for the code of racing
signed by the Minister--
(a) the Minister has given the approval applicant an information
notice about the decision under section 25;
(b) the approval applicant has given the chief executive a notice
stating--
(i) there have been no changes to the information in the
approval application, or the other documents or information
given to the Minister or chief executive, that are likely
to affect the Minister's decision; and
(ii) if applicable--a matter to be rectified, as stated in
the information notice as mentioned in section 25(3), has
been rectified and the way it has been rectified;
(c) the approval applicant has paid the fee under section 29 in
relation to the first year of the approval.
(3) After giving an approval under subsection (2), the Minister must publish in
the gazette a notice that--
(a) if the approval application related to a proposed code of racing-
-the type of animal racing stated in the notice is a code of racing;
and
(b) the Minister has approved the approval applicant as the control
body for the code of racing stated in the notice.
(4) The notice mentioned in subsection (2)(b) must be in the approved form.
27 Form of approval
The approval of the control body must state each of the following--
(a) the name of the control body, its Australian Company Number and
its business address;
(b) the date of the approval and the date on which the approval takes
effect;
(c) the code of racing for which the approval is given;
(d) conditions imposed by the Minister to which the approval is
subject.
28 Approval continues in force unless cancelled or suspended
(1) A control body's approval continues in force until the approval is
cancelled.
(2) However, if a control body's approval is suspended, the approval does not
have effect for the period of the suspension.
29 Yearly fee payable by each control body
(1) A control body must pay a fee to the chief executive in relation to each
year for which its approval has effect.
(2) A regulation may prescribe--
(a) the amount of the fee payable under this section relating to each
year; and
(b) the date (the due date) by which the fee relating to each year is
payable.
(3) If a fee is not paid by the due date--
(a) the amount of the fee is a debt owing to the State; and
(b) the failure to pay is a ground for taking, as mentioned in
section 52(1)(d), disciplinary action relating to the approval of the
control body.
30 Regulation may prescribe a condition applying to an approval
(1) A regulation may prescribe a condition (a regulation condition) to which
the approval of each control body is subject.
(2) A regulation condition applies to a control body even if the control body
was approved as a control body before the regulation commenced.
(3) If there is an inconsistency between an express condition stated in an
approval and a regulation condition, the regulation condition applies to the
extent of the inconsistency.
31 Variation of approval of control body
(1) A control body may apply to the Minister for a variation of its approval as
a control body.
(2) The application must be in the approved form and accompanied by the
application fee prescribed under a regulation.
(3) The Minister must consider the application and either grant or refuse to
grant the application.
(4) After the Minister makes a decision about the application, the Minister
must give the applicant an information notice about the decision.
(5) If the Minister grants the application, the information notice must--
(a) state the conditions imposed by the Minister to which the
approval is to be subject; and
(b) include a direction to the control body to return the approval to
the Minister, within 14 days after the date of the information
notice, for relevant action by the Minister.
32 Destruction of fingerprints
(1) After the Minister refuses to grant an approval application or an approval
is cancelled, the chief executive must destroy the fingerprints of any
individual who is a business associate or executive associate of the approval
applicant or the control body.
(2) Also, if the chief executive is satisfied an individual who was a business
associate or executive associate of a control body is no longer a business
associate or executive associate of the control body, the chief executive must
destroy the individual's fingerprints.
33 Function of control body
(1) The function under this Act of a control body is to manage its code of
racing.
(2) A control body has--
(a) the powers necessary for performing its function; and
(b) all other powers necessary for discharging the obligations
imposed on the control body under this Act.
34 Powers of control body for its code of racing
(1) A control body may do any of the following for its code of racing--
(a) license animals, clubs, participants and venues that are suitable
to be licensed for the code;
(b) assess the performance of licensed animals, clubs, participants
and venues to ensure the animals, clubs, participants and venues
continue to be suitable to be licensed;
(c) prepare and implement plans and strategies for developing,
promoting and marketing the commercial operations of the code;
(d) encourage and facilitate the development of ancillary racing
activities for the code, including, for example, the breeding and
training of animals;
(e) establish, manage and fund a facility or process for the
education and training of persons who wish to be licensed by the
control body or who otherwise participate in the code;
(f) distribute an amount--
(i) as prize money for races; or
(ii) to a licensed club, on conditions the control body
considers appropriate, for a purpose relating to the
operations of the club; or
(iii) for undertaking research and analysis for the code.
(g) make decisions about, and, on conditions the control body
considers appropriate, allocate funding for, venue development and
other infrastructure relevant to the code;
(h) enter into reciprocal arrangements with entities in other States,
or in countries other than Australia, that have similar powers to the
control body for recognising--
(i) the licensing, however described, of animals, clubs,
participants and venues for animal racing; and
(ii) the activities conducted by, or under the control of,
the entities in the other States or the countries; and
(iii) the cancellation or suspension of a licence, however
described; and
(iv) the disqualification of a person who held a licence,
however described; and
(v) another matter or thing relating to managing the
control body's code of racing;
(i) issue race information authorities under section 113E(1);
(j) establish committees or other entities responsible for providing
advice to, and carrying out administrative functions for, the control
body in relation to non-TABQ races.
(2) To the extent a control body believes necessary or desirable for performing
the control body's function, the control body may, by notice given to a
licensed club, give a direction to the club (a control body direction) relating
to--
(a) the operations of the club, including, for example, matters in
relation to the licensed club's assets; or
(b) a licensed venue for which the club is the licence holder.
(3) A control body direction may require a licensed club to do something or to
refrain from doing something.
(4) As mentioned in section 101(1)(a), if the licensed club is not complying,
or has not complied with the control body direction, the control body may
suspend or cancel the club's licence.
(5) In this section--
non-TABQ races means races on which the TABQ does not, or is unlikely to, offer
wagering.
34A Control body approved for more than one code of racing
(1) This section applies to a control body that has approval as the control
body for more than 1 code of racing.
(2) In making a decision under this Act, the control body must make a decision
that is in the best interests of all the codes of racing for which the control
body holds an approval while having regard to the interests of each individual
code.
35 Control body may charge fees for its services
(1) A control body may charge fees for services it provides as part of managing
its code of racing.
(2) A fee charged by the control body for a service, including matters relating
to licensing, must reflect the reasonable cost to the control body of providing
the service.
(3) Despite subsection (1), a control body may not charge a fee for a service
provided to the Minister or the chief executive under this Act.
36 Obligation to implement plans as stated in approval application
(1) This section applies to the following that, under section 11(1)(f),
accompanied a control body's approval application--
(a) its plans for developing, operating and managing its code of
racing; and
(b) the timetable for implementing the plans.
(2) Subject to the regulation conditions and stated conditions in the control
body's approval, the control body must implement the plans as stated in the
timetable.
37 Obligation to have internal controls
A control body must have internal controls to effectively perform its function
of managing its code of racing, including, for example, information systems
that--
(a) separate the control body's commercial operations for the code of
racing from its regulatory operations for the code; and
(b) record all of the control body's actions under its licensing
scheme relating to animals, clubs, participants and venues.
38 Obligation to have racing calendar for code of racing
(1) A control body must prepare a program (the racing calendar) that includes
the following matters for the period in relation to which the racing calendar
is published (the calendar period)--
(a) the dates on which, and places at which, race meetings are to be
held for the code of racing during the calendar period;
(b) information about the races to be held at each race meeting,
including, for example, the length of the race, the types of animals
eligible for the race and the prize;
(c) information about dates relevant for each race, including, for
example, deadlines for nominating and paying nomination fees;
(d) a change to the control body's rules of racing that take effect
during the calendar period;
(e) a change to a previous racing calendar;
(f) a declaration of a sporting contingency under section 255.
(2) The control body must make the racing calendar for a calendar period
available at least 7 days before the start of, and during, the calendar period.
(3) The control body may comply with subsection (2) by making the racing
calendar available on its website for at least 7 days before the start of, and
during, the calendar period.
(4) The control body may publish the racing calendar in, or as part of, another
publication of the control body that includes other information, including, for
example, advertising.
39 Obligation to have program to audit licensed animals, clubs, participants
and venues
(1) By 31 December each year, a control body must give to the chief executive a
copy of its program, for the following year, to audit periodically the
suitability of every licensed animal, club, participant and venue to continue
to be licensed.
(2) The control body must implement the program during the relevant year.
40 Obligation to enter into agreement about scientific and professional
services
A control body must enter into an agreement with an accredited facility,
independent of the control body, for the provision of integrated scientific and
professional services--
(a) for analysing things relating to licensed animals for the
presence of drugs and other substances; and
(b) for related matters.
41 Annual reporting by control body
(1) Within 14 days after each anniversary day of the commencement of this
section, a control body must give to the chief executive a plan for managing
its code of racing for a period of at least 1 year starting on that anniversary
day.
(2) Within 14 days after each anniversary day of a control body's approval
effect day, the control body must give to the chief executive a notice about
whether the control body has been an eligible corporation for the year before
the anniversary day and is, on that anniversary day, an eligible corporation.
(3) A notice under subsection (1) or (2) must be in the approved form.
42 Notice about change of executive officers
(1) If an executive officer of a control body resigns, or the executive
officer's appointment or employment otherwise ends, the control body must give
notice about the resignation, or the end of the appointment or employment, to
the chief executive under subsection (2).
(2) The notice mentioned in subsection (1) must--
(a) be in the approved form; and
(b) be given within 14 days after the resignation, or the end of the
appointment or employment, of a person as an executive officer; and
(c) if, at the time of the resignation or end of the appointment or
employment, the executive officer was no longer an eligible
individual, include the reason why the executive officer was no
longer an eligible individual.
(3) If a person is appointed or employed as an executive officer of a control
body after the control body's approval, the control body must give notice about
the appointment or employment to the chief executive under subsection (4).
(4) The notice mentioned in subsection (3) must--
(a) be in the approved form; and
(b) be given within 14 days after the appointment or employment of
the person as an executive officer; and
(c) state that the person is an eligible individual; and
(d) be accompanied by a consent signed by the person for the
following--
(i) the person's fingerprints being taken for the chief
executive;
(ii) for personal information about the person to be
obtained for the chief executive;
(iii) for the person's background to be investigated for
the chief executive.
43 Notice of event resulting in a control body not being an eligible
corporation
(1) Within 14 days after an event happening relating to a control body that
makes the control body no longer an eligible corporation, the control body must
give notice about the event to the chief executive under subsection (2).
(2) The notice must--
(a) be in the approved form; and
(b) include the control body's plan and timetable for making the
corporation an eligible corporation.
(3) The giving of a notice under subsection (1) does not limit the chief
executive's power under section 53 to give the control body a show cause
notice.
44 Notice of event resulting in executive officer no longer being an eligible
individual
(1) Within 14 days after an event happening that results in an executive
officer of a control body being no longer an eligible individual, the executive
officer must give notice about the event to the chief executive.
(2) The notice must be in the approved form.
45 Minister may give a direction to control body about its policies or rules
(1) This section applies if the Minister believes that, for 1 or more of the
following reasons, it is necessary to give a control body a direction under
this section--
(a) to ensure public confidence in the integrity of the Queensland
racing industry;
(b) to ensure the control body is managing its code of racing in the
interests of the code;
(c) to ensure the welfare of the control body's licensed animals;
(d) to ensure the control body's actions are accountable and its
decision-making processes are transparent;
(e) to ensure the control body's rules of racing have sufficient
regard to the rights and liberties of individuals as mentioned in the
Legislative Standards Act 1992, section 4(3).
(2) The Minister may, by notice given to the control body, direct the control
body to do 1 or more of the following and take into account matters stated in
the direction--
(a) make a new policy about a matter;
(b) review an existing policy;
(c) make rules of racing about a matter;
(d) review existing rules of racing.
(3) The notice must state a date by which the direction must be complied with.
(4) The date stated must be reasonable having regard to the nature of the
matters to be done under the direction.
46 Program for auditing suitability of control bodies
(1) Each year, the chief executive must prepare and give to the Minister a
program for assessing the suitability of control bodies to manage the relevant
codes of racing.
(2) The program may focus on a particular control body or on a particular
criterion relating to all control bodies.
(3) The Minister may approve the program for the year, with or without changes.
47 Investigations into suitability of a control body
(1) The chief executive may investigate a control body to find out whether it
is suitable to continue to manage its code of racing.
(2) However, the chief executive may investigate a control body under this
section only if--
(a) the chief executive suspects the control body is no longer
suitable to continue to manage the code of racing; or
(b) the investigation is undertaken as part of a program approved by
the Minister under section 46(3).
48 Investigation into suitability of associate of control body
(1) The chief executive may investigate a control body associate to decide
whether the associate is a suitable person to be, or to continue to be,
associated with the control body's operations.
(2) However, the chief executive may investigate the control body associate
only if--
(a) the chief executive suspects the associate is not, or is no
longer, a suitable person to be associated with a control body's
operations; or
(b) the investigation is part of an investigation of the control
body, undertaken as part of a program approved by the Minister under
section 46(3); or
(c) the person became a control body associate of the control body
after its approval effect day.
49 Requirement to give information or document for investigation
(1) In investigating a control body or a control body associate, the chief
executive may, by notice given to the control body or the associate, require
the control body or associate to give the chief executive information or a
document the chief executive believes relevant to the investigation.
(2) The notice must include--
(a) a time, that is reasonable in the circumstances, by which the
control body or control body associate must comply with the
requirement; and
(b) a warning that it is an offence to fail to comply with the
requirement, unless the control body or associate has a reasonable
excuse.
(3) If the requirement is made to a control body associate, the chief executive
must give a copy of the notice to the control body.
50 Failure to give information or document for investigation
(1) A person to whom a notice is given under section 49(1) must comply with the
requirement in the notice within the time stated in the notice, unless the
person has a reasonable excuse.
Maximum penalty--200 penalty units.
(2) If the person is an individual, it is a reasonable excuse for the person
not to comply with the requirement if complying with the requirement might tend
to incriminate the person.
(3) The person does not commit an offence against this section if the
information or document sought by the chief executive is not in fact relevant
to the investigation.
51 Criminal history report for investigation
(1) If the chief executive, in investigating a person under section 47 or 48,
asks the commissioner of the police service for a written report on the
person's criminal history, the commissioner must give the report to the chief
executive.
(2) The report is to contain--
(a) relevant information in the commissioner's possession; and
(b) relevant information the commissioner can reasonably obtain by
asking officials administering police services in other Australian
jurisdictions; and
(c) other relevant information to which the commissioner has access.
52 Grounds for disciplinary action relating to the approval of a control body
for its code of racing
(1) Each of the following is a ground to take disciplinary action relating to
an approval of a control body for its code of racing--
(a) the control body is not an eligible corporation;
(b) an executive officer of the control body is not an eligible
individual;
(c) the control body is no longer suitable to manage the code;
(d) the control body contravenes a provision of this Act, whether or
not a penalty is provided for the contravention;
(e) the control body fails to comply with a condition relating to its
approval;
(f) the control body contravenes a direction given to the control
body by the Minister under section 45;
(g) the control body fails to take disciplinary action under chapter
3 relating to a licence holder when the control body is required to
do so under the chapter;
(h) in its approval application, or a notice or other document that
the control body is required under this Act to give to the Minister
or chief executive, the control body stated something it knew was
false or misleading in a material particular.
(2) For forming a belief that the ground mentioned in subsection (1)(c) exists,
the Minister may have regard to the same issues to which the Minister may have
regard in deciding whether an approval applicant for approval as a control body
is suitable to be approved as a control body.
(3) There are no other grounds for taking disciplinary action against a control
body other than the grounds mentioned in subsection (1).
53 Show cause notice
(1) If the Minister believes a ground exists to take disciplinary action
relating to the approval of a control body for its code of racing, the Minister
must, subject to section 56(1)(a), give the control body a notice (a show cause
notice).
(2) The show cause notice must state the following--
(a) the disciplinary action the Minister proposes taking under this
division (the proposed action);
(b) the grounds for the proposed action;
(c) an outline of the facts and circumstances forming the basis for
the grounds;
(d) if the proposed action includes suspension--the proposed
suspension period;
(e) if the proposed action includes varying the approval--the change
that it is proposed to make to a condition stated in the approval or
the new condition to which it is proposed to make the approval
subject;
(f) if the proposed action includes censuring the control body--the
proposed censure;
(g) an invitation to the control body to show, within a stated period
(the show cause period), why the proposed action should not be taken.
(3) The show cause period must be a period ending at least 28 days after the
day the show cause notice is given to the control body.
54 Consideration of representations
(1) The control body may make written representations about the show cause
notice to the Minister in the show cause period.
(2) The Minister must consider all written representations (the accepted
representations) made under subsection (1).
55 Immediate suspension of an approval
(1) The Minister may suspend the approval of a control body immediately if the
Minister believes--
(a) a ground exists to take disciplinary action relating to the
approval of the control body for its code of racing; and
(b) the circumstances are so extraordinary that it is imperative to
suspend the approval immediately to ensure--
(i) the safety of persons, or the welfare of animals, at a
race meeting to be held under the control of the control
body; or
(ii) the public interest in the code of racing is not
adversely affected.
(2) The suspension--
(a) can be effected only by the Minister giving the control body an
information notice about the decision to suspend it, together with a
show cause notice; and
(b) operates immediately the information notice is given to the
control body; and
(c) continues to operate until the show cause notice is finally dealt
with.
56 Censuring control body
(1) The Minister may censure a control body if the Minister--
(a) believes a ground exists to take disciplinary action relating to
the approval of the control body but does not believe that giving a
show cause notice to the control body is warranted; or
(b) after considering the accepted representations for a show cause
notice, still believes a ground exists to take disciplinary action
relating to the approval of a control body but does not believe
disciplinary action is warranted.
(2) The censure may be effected only by the Minister giving the control body an
information notice about the decision to censure it.
57 Direction to control body to rectify matter
(1) This section applies if, after considering the accepted representations for
a show cause notice, the Minister--
(a) still believes a ground exists to take disciplinary action
relating to the approval of a control body; and
(b) believes a matter relating to the ground to take disciplinary
action is capable of being rectified and it is appropriate to give
the control body an opportunity to rectify the matter.
(2) The Minister may direct the control body to rectify the matter.
(3) The direction can be effected only by the Minister giving the control body
an information notice about the decision to give the direction, including the
period for rectifying the matter.
(4) The period stated in the information notice must be reasonable having
regard to the nature of the matter to be rectified.
(5) A control body must comply with a direction under this section within the
period for rectifying the matter stated in the information notice, unless it
has a reasonable excuse.
Maximum penalty--400 penalty units.
(6) The control body can not be prosecuted, or have disciplinary action
relating to its approval taken against it, for the ground giving rise to the
information notice unless the control body--
(a) fails to comply with the notice within the stated period; and
(b) does not have a reasonable excuse for failing to comply with the
notice.
(7) The Minister's power to give a direction to a control body under another
provision of this Act is not limited by the Minister's power to give a
direction under this section.
58 Action by Minister
(1) Subject to section 57(6), this section applies if--
(a) there are no accepted representations for a show cause notice; or
(b) after considering the accepted representations for a show cause
notice, the Minister still believes a ground for disciplinary action
exists relating to the approval.
(2) The Minister may--
(a) if the proposed action was to suspend the approval--suspend the
approval for not longer than the proposed suspension period; or
(b) if the proposed action was to vary the approval--vary the
approval in the proposed way; or
(c) if the proposed action was to cancel the approval--cancel the
approval or take another form of disciplinary action.
(3) More than 1 type of disciplinary action relating to the approval of a
control body may be taken under this section.
(4) If the Minister decides to take action under subsection (2), the Minister
must immediately give the control body an information notice about the
decision.
(5) The information notice must include a direction to the control body to
return the approval to the Minister, within 14 days after receiving the
information notice, for relevant action by the Minister.
(6) The decision takes effect on the later of the following--
(a) the day the information notice is given to the control body;
(b) the day of effect stated in the information notice.
59 Control body is unit of public administration
On and after the approval effect day for a control body, the control body is a
unit of public administration under the Crime and Misconduct Act 2001, to the
extent of the control body's operations for the purposes of performing its
function under this Act.
60 Audit by auditor-general
(1) At the request of the Minister, the auditor-general may audit a control
body.
(2) For subsection (1)--
(a) the auditor-general is taken to be auditing an entity under the
Auditor-General Act 2009; and
(b) the control body is taken to have consented to the audit.
(3) However, despite that Act and subsection (2)(b), the control body can not
revoke or otherwise withdraw the consent mentioned in subsection (2)(b).
(4) A control body audited under this section is liable for the fees charged by
the auditor-general for the audit, as mentioned in the Auditor-General Act
2009.
60A Disclosure of interest in licensed animal by executive officer of control
body
(1) This section applies if an executive officer of a control body becomes, or
is on the commencement of this section, an owner of a licensed animal, whether
or not the executive officer derives a financial benefit from the ownership
interest.
(2) The executive officer must disclose the following information to a meeting
of the directors of the control body--
(a) the number of licensed animals in which the executive officer has
an ownership interest and the name by which each animal is known;
(b) the code of racing for which each animal is licensed;
(c) the percentage of the executive officer's ownership interest in
each animal.
Maximum penalty--40 penalty units.
(3) The control body must make information disclosed under subsection (2)
available to any person on request.
(4) However, subsection (3) does not apply if the person who disclosed the
information is no longer an executive officer of the control body.
(5) The control body may charge a fee for making information available under
subsection (3).
(6) A fee charged by the control body for making information available under
subsection (3) must not be more than the reasonable cost to the control body of
making the information available.
(7) Despite subsection (5), the control body may not charge a fee for making
information available to the Minister or chief executive.
60B Payment of share of net UNiTAB product fee as prize money
(1) A control body must pay 5.32% of its net UNiTAB product fee for a year as
prize money for non-TABQ thoroughbred races conducted by non-TABQ thoroughbred
clubs in the year.
(2) If, at the end of a year, a control body has not paid 5.32% of its net
UNiTAB product fee for the year as prize money as required under subsection
(1), the control body must use the remaining amount of the 5.32% for supporting
non-TABQ thoroughbred racing.
Example of use of remaining amount of the 5.32% for supporting non-
TABQ thoroughbred racing--
carrying out maintenance at a non-TABQ thoroughbred club
78 Purposes of ch 3
(1) The main purposes of this chapter are to provide for--
(a) the way each control body may perform its function of managing
its code of racing when it becomes responsible for managing the code;
and
(b) particular provisions applying to licensed clubs.
(2) Generally, the control body performs its function by--
(a) making policies about the management of its code of racing,
especially about its licensing scheme for controlling activities
relating to the animals, clubs, participants and venues and about the
way in which races are to be held for its code of racing; and
(b) making rules of racing; and
(c) giving directions to licensed clubs and ensuring compliance by
taking disciplinary action relating to the licence of a club that
does not comply with a direction.
(3) A control body's policies ensure there is guidance for persons involved in
the code of racing and transparent decision-making relating to matters dealt
with by the policies.
(4) This chapter also provides for offences relevant to matters dealt with in
the chapter.
79 Policies and rules of racing are statutory instruments
The policies and rules of racing made by a control body for its code of racing
are statutory instruments within the meaning of the Statutory Instruments Act
1992.
80 Policy may be made because of this Act or a Ministerial direction, or for
good management
(1) A control body may make a policy for its code of racing because--
(a) the policy is required by this Act or by a Ministerial direction;
or
(b) the control body believes it is good management to have the
policy.
(2) A regulation may prescribe that a policy for a matter mentioned in section
81 must include provisions, or provisions of a type, stated in the regulation
for that policy.
81 Matters for which a control body must have a policy
A control body must have a policy for its code of racing about each of the
following--
(a) the way the control body must develop policies, including the
consultation it must undertake as part of the development of a
policy;
(b) safeguarding the public interest in the code;
(c) its licensing scheme as mentioned in division 2;
(d) providing or participating in an appropriate education and
training system for persons who--
(i) engage, or wish to engage, in activities requiring a
licence from the control body; or
(ii) participate in the code but are not required to be
licensed;
(e) providing or participating in an appropriate program for testing
or training licensed animals, including holding trials;
(f) lawful betting on races held under the control of the control
body, including selling a product to a person lawfully conducting
wagering under the Wagering Act 1998;
(g) a website, and the information to be accessible through the
website including its policies and rules required to be published on
the website under sections 84 and 94;
(h) if the control body has rules of racing allowing a licence holder
to appeal against a decision made by a steward of the control body to
an appeal committee established by it--appeals to an appeal
committee;
(i) the formation and management of clubs eligible to be licensed by
the control body to hold race meetings;
(j) the allocation of race days, and the provision of funding, to
licensed clubs;
(k) the standard required of licensed venues, including criteria for
different categories of venues;
(l) the employment by the control body of the following persons who
will not be required to be licensed--
(i) its officials and other staff;
(ii) other persons who perform services for the control
body;
(m) the way in which races are to be held for its code of racing,
including, for example, classes of races, nominations, prize money,
dead heats, gear and equipment and colours that may be worn by
riders;
(n) decisions that may be made by stewards, for the control body, in
relation to the way in which races may be held and, generally,
decision-making by the control body;
(o) record keeping, including keeping records about decisions;
(p) making its officials and other staff, and licence holders, aware
of their duties under laws, including, for example, the Anti-
Discrimination Act 1991;
(q) ensuring that its licence holders who have access to a licensed
animal at a licensed venue, or its officials at a licensed venue for
the control body, are not, or are not likely to be, affected by
liquor or another substance;
(r) handicapping, including handicapping licensed animals for the
code and the appropriate qualifications for handicappers;
(s) the welfare of licensed animals;
(t) the types of spending that, in the control body's opinion, are or
are not for the purposes of part 5, division 4;
(u) the disposal of assets under section 113;
(v) fees the control body will charge, including fees that are part
of the control body's licensing scheme;
(w) forms to be approved by the control body for its code of racing.
82 Further provisions about particular policies
(1) A control body's policy about providing or participating in an appropriate
education and training system for persons may provide for the control body, by
itself or together with another entity, to establish, manage or fund a facility
or process for providing the appropriate system.
(2) A control body's policy about the welfare of licensed animals must provide
for the control body to enter into an agreement with an accredited facility
independent of the control body for the provision of services relating to the
matters stated in the policy.
(3) This section does not limit section 81 in relation to--
(a) the control body's policy about providing or participating in an
appropriate education and training system; and
(b) the control body's policies about the welfare of licensed
animals.
83 Form of each policy
(1) A policy must state the following--
(a) its name;
(b) the date it is made by the control body;
(c) the day it takes effect;
(d) its purpose;
(e) who will be affected by it;
(f) how the control body will make decisions about matters provided
for by the policy;
(g) whether or not rules of racing are to be made for the policy.
(2) A control body makes a policy when the policy is entered into the control
body's minutes as having been made by it.
(3) A policy can not take effect on a day that is earlier than the date the
policy is made by the control body.
(4) If a control body wishes to amend a policy, it must make a new policy.
84 Availability of policies
(1) A control body must ensure that its policies are publicly available.
(2) Without limiting subsection (1), for each of its policies, the control body
must--
(a) give a copy of the policy to the chief executive within 14 days
after it makes the policy; and
(b) make the policy available for inspection, free of charge, at its
business address during its ordinary office hours and on its website;
and
(c) give a copy of the policy to a person if the person asks for a
copy.
(3) If a control body charges for copies of its policies, the control body is
not required under subsection (2)(c) to give a person a copy of the policy
without charging the person.
85 Application of policy
To remove any doubt, it is declared that a policy may apply to an animal, club,
participant or venue even though it was not licensed when the policy was made.
86 Purposes of control body's licensing scheme
The purposes of a control body's licensing scheme for its code of racing are to
ensure--
(a) the integrity of racing activities conducted as part of the code;
and
(b) the safety of persons involved in racing or training licensed
animals; and
(c) the welfare of licensed animals while involved in racing or
training, or activities associated with racing or training.
87 Control body's policy for a licensing scheme
(1) In developing the control body's policy for its licensing scheme, the
control body must consider the privileges and duties that are to attach to a
licence it issues and other matters relevant to an effective licensing scheme.
(2) The control body's policy for its licensing scheme must provide for all of
the following matters--
(a) the licences the control body may issue for its code of racing,
including identifying the activities for which a licence is required;
(b) the way a licence may be applied for, having regard to section
88;
(c) the criteria for each type of licence including appropriate
qualifications for, and disqualifications from, obtaining the
licence;
(d) the way the control body will deal with an application for a
licence, including the applicant's right to make further
representations relating to the application;
(e) the grant, issue and form of a licence, including, for example,
whether the licence is to include a photograph of the licensee;
(f) giving an information notice for a decision relating to an
application;
(g) the duration of a licence, its renewal and the procedure for
surrendering it;
(h) how and when the suitability of licensed animals, clubs,
participants and venues will be audited to decide if a licensed
animal, club, participant or venue continues to be suitable to be
licensed;
(i) the grounds for taking disciplinary action relating to a licence
in relation to matters dealt with in the control body's rules of
racing or as mentioned in subsection (5);
(j) when and how a licence may be immediately suspended in order to
protect the safety of persons or welfare of animals;
(k) how disciplinary action relating to a licence, other than
immediate suspension, must be taken including the following--
(i) the procedure for giving a licence holder notice of the
grounds for taking the disciplinary action;
(ii) the proposed action;
(iii) the way the licence holder may make representations
about the proposed action;
(l) keeping a register of licences and correcting the register;
(m) exhibiting and producing a licence;
(n) replacing a lost licence;
(o) requiring a licence holder to give the control body notice of--
(i) a change of address; or
(ii) a change to the place for the keeping of a licensed
animal; or
(iii) if the licence holder is a corporation--a change to
the corporation's executive officers;
(p) appointing the control body's officials, their functions and
powers and issuing identity cards to them;
(q) serving notices on licence holders.
(3) Without limiting subsection (1), the control body's policy for its
licensing scheme may provide for the following matters--
(a) whether an applicant for a licence should be required to give
notice about the application by advertisement in a newspaper, in
another publication or by a sign placed on land, because of the
particular nature of the licence;
(b) whether there should be provision for provisional or temporary
licences;
(c) attaching conditions to the grant of a licence, including, for
example, that the licence may allow access to the licence holder's
place of business or where a licensed animal is kept.
(4) A control body's policy for its licensing scheme about licensed clubs must
provide that when auditing a licensed club, the control body must have regard
to the following for a period stated in the policy--
(a) the number of race meetings allotted to the licensed club;
(b) the number of races held at each race meeting;
(c) the number of licensed animals in each race.
(5) The control body's policy for its licensing scheme relating to licensed
animals, clubs, participants and venues must provide that, after auditing a
licensed animal, club, participant or venue, if the control body is not
satisfied it is suitable to continue to be licensed, the control body must take
disciplinary action relating to the licence.
(6) This section does not limit section 81.
88 Application for licence
(1) A control body's policy for its licensing scheme must require a person who
wishes to obtain a licence for an animal, club, participant or venue (the
proposed licensee) to apply for the licence in a control body form.
(2) To the extent it is relevant to the application for the licence, the
application must include all of the following--
(a) the type of licence applied for;
(b) the type of work or activity to be performed by the proposed
licensee;
(c) particulars of the proposed licensee;
(d) if the proposed licensee is an individual, appropriate training
courses completed, or appropriate experience obtained, by the
proposed licensee.
(3) A control body's policy for its licensing scheme relating to the licensing
of a club must provide for all of the following--
(a) for the club's application to be accompanied by a copy of a
national police certificate for each executive officer of the
applicant;
(b) the application can not be granted if an executive officer of the
applicant has a conviction for any of the following, other than a
spent conviction--
(i) an offence under this Act or the repealed Act;
(ii) an indictable offence, or a summary offence that
involved dishonesty, fraud, stealing or unlawful betting,
under any other Act;
(iii) an offence under a law of another State, that is
prescribed under a regulation as a law about racing or
betting;
(c) the extent to which the control body must have regard to another
conviction stated on the national police certificate other than a
conviction mentioned in paragraph (b).
(4) A control body's policy for its licensing scheme may require an application
for a licence, other than a licence for a club, to be accompanied by a copy of
a national police certificate for--
(a) if the applicant is an individual--the individual; or
(b) if the applicant is a corporation--each executive officer of the
corporation.
(5) If a national police certificate is required under subsection (4), the
control body may consider all convictions stated in the national police
certificate as relevant to the application for the licence.
89 Licences may not be transferred
A control body's policy for a licensing scheme must not allow a person licensed
by the control body to transfer the licence to another person.
90 Same animal, participant or venue may be licensed by control bodies
(1) This Act does not prevent an animal, participant or venue licensed by a
control body for its code of racing being licensed by another control body for
its code of racing.
(2) A control body must not prevent an animal, participant or venue licensed by
it for its code of racing being licensed by another control body.
91 Obligation to have rules of racing for code of racing
(1) A control body must make rules of racing for its code of racing, including
matters that it believes necessary for the good management of racing under the
code.
(2) In making its rules of racing, a control body must have regard to whether
the rules have sufficient regard to the rights and liberties of individuals as
mentioned in the Legislative Standards Act 1992, section 4(3).
Example for subsection (2)--
In making its rules of racing, the control body for thoroughbred
racing must consider whether its proposed system for deciding a
protest has sufficient regard to natural justice for the jockeys in
the race.
(3) Failure to comply with subsection (2) does not affect the validity of the
rules.
(4) A control body's rules of racing must be consistent with this Act and, for
a rule about a matter for which the control body has a policy, the control
body's policy.
(5) To the extent of an inconsistency between a provision of this Act and the
rules, the provision prevails over the rules.
94 Availability of rules of racing
(1) A control body must ensure that its rules of racing are publicly available.
(2) Without limiting subsection (1), the control body must--
(a) give a copy of the rules to the chief executive within 14 days
after a control body makes the rules; and
(b) make its rules available for inspection, free of charge, at its
business address during its ordinary office hours and on its website;
and
(c) give a copy of its rules to a person if the person asks for a
copy.
(3) If a control body charges for copies of its rules, the control body is not
required under subsection (2)(c) to give a person a copy without charging the
person.
95 Appeal against some decisions of steward under rules of racing
(1) A control body's rules of racing for its code of racing may allow a person
aggrieved by a reviewable decision to appeal against the decision to an appeal
committee established by the control body.
(2) In this section--
reviewable decisions means either or both of the following decisions--
(a) a decision by a steward, for the control body, suspending a
licence held by a person for a period of not more than 3 months;
(b) a decision by a steward, for the control body, imposing a penalty
of at least $100 but not more than $2000.
96 Establishment of appeal committee
A control body's rules of racing may provide for the following in relation to
an appeal committee--
(a) the establishment of an appeal committee, including establishment
from time to time or for a period of time;
(b) remuneration, if any, to be paid by the control body to the
members of the committee;
(c) how an appeal is started;
(d) time limits that apply for an appeal;
(e) how a member of the appeal committee must disclose to the other
committee members and the parties to the appeal any conflict of
interest, financial or otherwise, relating to the proceeding that
could conflict with the proper performance of the member's functions
for the proceeding.
97 Matters relating to establishment of appeal committee
(1) An appeal committee established by a control body must be constituted by 3
individuals, consisting of--
(a) 1 individual who is a lawyer of at least 5 years standing; and
(b) 1 individual who has a thorough knowledge of the rules; and
(c) 1 other individual of the type mentioned in paragraph (a) or (b).
(2) Before a control body appoints an individual to an appeal committee, the
control body must obtain a national police certificate relating to the
individual.
(3) A member of an appeal committee must not be any of the following--
(a) an executive officer of the control body or 1 of its officials or
other members of staff;
(b) a licence holder of the control body or an executive officer of a
licence holder;
(c) a member of a committee, or an employee, of an association formed
to promote the interests of 1 or more participants in a code of
racing, other than a country racing association;
(d) an individual who has any of the following convictions other than
a spent conviction--
(i) a conviction under this Act;
(ii) a conviction under the repealed Act;
(iii) a conviction under a law of another State, that is
prescribed under a regulation as a law about racing or
betting;
(iv) a conviction for an offence that involved dishonesty,
fraud, stealing or unlawful betting.
(4) Despite subsection (3)(b) and (c), a member of a committee of a licensed
club may be a member of an appeal committee.
(5) An individual who is a member of an appeal committee (the committee member)
must excuse himself or herself from the committee and the control body must
appoint another individual to the committee if--
(a) for a code of racing in which the control body does not require
owners of its licensed animals to be licensed--the committee member
owns a licensed animal that was involved in the race that is the
subject of the appeal; or
(b) the committee member is a relative of, or has a business
relationship with, a person involved in the appeal.
98 How appeal committee may consider an application for appeal
(1) To the extent a matter relating to the procedure of an appeal committee is
not provided for under this Act or the relevant control body's rules of racing,
the appeal committee may decide its own procedure.
(2) In making a decision relating to an appeal, the appeal committee--
(a) must observe natural justice; and
(b) is not bound by the rules of evidence; and
(c) may inform itself of anything in the way it considers
appropriate.
(3) An appeal is by way of rehearing, unaffected by the original decision, on
the material before the steward who made the decision appealed against and any
further evidence allowed by the appeal committee.
99 Powers of appeal committee on appeal
(1) On an appeal, an appeal committee may make any decision that the steward
who made the decision appealed against could have made.
(2) Without limiting subsection (1), the appeal committee may--
(a) confirm the decision appealed against; or
(b) vary the decision; or
(c) set aside the decision and substitute its own decision.
100 Form of decisions of appeal committee
(1) After an appeal committee gives its decision on an appeal, the appeal
committee must give each of the following an information notice about the
decision--
(a) the person who appealed against the decision;
(b) the steward who made the decision;
(c) the control body for which the steward made the decision.
(2) As soon as practicable after receiving the information notice, the control
body must publish details of the decision on its website.
101 Grounds for suspension or cancellation
(1) Each of the following is a ground for suspending or cancelling a licensed
club's licence--
(a) the club is not complying, or has not complied, with a control
body direction given to the club;
(b) a ground that another provision of this Act states is a ground
for suspending or cancelling a licensed club's licence;
(c) for a non-proprietary club--the club contravened section 112 or
113.
(2) Subsection (1)(c) applies whether there is or was a prosecution relating to
the contravention of section 112.
(3) Subsection (1) does not limit the grounds that, under the control body's
rules of racing about disciplinary action, may be grounds for taking
disciplinary action relating to a licensed club's licence.
102 Show cause notice
(1) If a control body believes a ground exists to cancel or suspend a licensed
club's licence as mentioned in section 101(1), the control body must, subject
to section 105(1)(a), give the club a notice (a show cause notice).
(2) The show cause notice must state the following--
(a) the action the control body proposes taking under this part (the
proposed action);
(b) the grounds for the proposed action;
(c) an outline of the facts and circumstances forming the basis for
the grounds;
(d) if the proposed action is to suspend the licence, the proposed
suspension period;
(e) an invitation to the club to show within a stated period (the
show cause period) why the proposed action should not be taken.
(3) The show cause period must be a period ending at least 28 days after the
day the show cause notice is given to the club.
103 Representations about show cause notice
(1) The licensed club may make written representations about the show cause
notice to the control body in the show cause period.
(2) The control body must consider all written representations (the accepted
representations) made under subsection (1).
104 Immediate suspension of licensed club's licence
(1) The control body may suspend the licensed club's licence immediately if the
control body believes--
(a) a ground exists to suspend or cancel the licence; and
(b) the circumstances are so extraordinary that it is imperative to
suspend the licence immediately to ensure--
(i) the public interest is not affected in an adverse and
material way; or
(ii) the conduct of racing by the club is not jeopardised
in a material way.
(2) The suspension--
(a) can be effected only by the control body giving the club an
information notice, together with a show cause notice; and
(b) operates immediately the notice is given to the club; and
(c) continues to operate until the show cause notice is finally dealt
with.
105 Censuring licensed club
(1) The control body may censure a licensed club if the control body--
(a) believes a ground exists to suspend or cancel the club's licence
but does not believe that giving a show cause notice to the club is
warranted; or
(b) after considering the accepted representations for a show cause
notice, still believes a ground exists to suspend or cancel the
licensed club's licence but does not believe its suspension or
cancellation is warranted.
(2) The censure can be effected only by the control body giving the club an
information notice about the control body's decision to censure it.
106 Direction to licensed club to rectify matter
(1) This section applies if, after considering the accepted representations for
a show cause notice, the control body--
(a) still believes a ground exists to suspend or cancel the licensed
club's licence; and
(b) believes a matter relating to the ground to suspend or cancel the
licence is capable of being rectified and it is appropriate to give
the club an opportunity to rectify the matter.
(2) The control body may direct the club to rectify the matter.
(3) The direction can be effected only by the control body giving the club an
information notice about the control body's decision to give the direction to
it, including the period for rectifying the matter.
(4) The period stated in the information notice must be reasonable having
regard to the nature of the matter to be rectified.
(5) A licensed club must comply with a direction under this section within the
period for rectifying the matter stated in the information notice, unless it
has a reasonable excuse.
Maximum penalty--400 penalty units.
(6) The licensed club can not be prosecuted, or have its licence suspended or
cancelled, for the ground giving rise to the information notice unless the
club--
(a) fails to comply with the notice within the period stated in the
notice as the period for rectifying the matter; and
(b) does not have a reasonable excuse for failing to comply with the
notice.
(7) A control body's power to give a direction to a licensed club under another
provision of this Act is not limited by the control body's power to give a
direction under this section.
107 Suspension or cancellation
(1) Subject to section 106(6), this section applies if--
(a) there are no accepted representations for a show cause notice; or
(b) after considering the accepted representations for the show cause
notice, the control body still believes the ground exists to cancel
or suspend the licensed club's licence.
(2) The control body may--
(a) if the proposed action was to suspend the licence--suspend the
licence for a period not longer than the proposed suspension period;
or
(b) if the proposed action was to cancel the licence--
(i) cancel the licence; or
(ii) suspend the licence for a period.
(3) If the control body decides to take action under subsection (2), the
control body must immediately give the licensed club an information notice
about the decision.
(4) If the control body's decision is that the licence is cancelled or
suspended, the information notice must include a direction to the club to
return the licence to the control body, within 14 days of receiving the notice,
for relevant action by the control body.
(5) The decision takes effect on the later of the following--
(a) the day the information notice is given to the licensed club;
(b) the day of effect stated in the information notice.
108 Contravention by licensed club constitutes a ground for disciplinary action
(1) If a licensed club contravenes a provision of this part, the contravention
constitutes a ground for suspending or cancelling the licensed club's licence.
(2) For subsection (1), it is immaterial whether the licensed club is
prosecuted for an offence constituted by the contravention.
(3) This part does not limit the matters that a control body's policy about its
licensing scheme may provide is a ground for disciplinary action relating to
the licence of a club.
109 Licensed club to hold race and betting meeting at licensed venue when under
control of control body that licensed club and venue
(1) A licensed club must not hold a contest, contingency or event in which 2 or
more animals compete against each other for the purpose of providing a contest,
contingency or event on which bets may be made, unless it is held--
(a) at a licensed venue of the licensed club; and
(b) under the control of the control body that licensed the club and
venue.
Maximum penalty--200 penalty units.
(2) A licensed club must not hold a meeting at which betting is carried on and
at which a race is not held, unless the meeting is held--
(a) at a licensed venue of the licensed club; and
(b) under the control of the control body that licensed the club and
venue.
Maximum penalty--200 penalty units.
110 Licensed club to give audited accounts to control body
(1) Within 3 months after the end of each financial year, the responsible
entity for a licensed club for the financial year must give to the control body
that licensed the club statements signed by the club's auditor.
(2) The statements must be in the control body form.
(3) If the club was a non-proprietary club during the financial year, the
control body form must provide for statements about the following--
(a) the club's income and expenditure, on an accrual basis;
(b) particulars of each amount paid by the club for a charitable,
benevolent, patriotic or special purpose approved by the control
body;
(c) particulars of other payments or expenditure made by the club of
the type mentioned in section 112(3);
(d) its assets and liabilities as at the end of the financial year.
(4) If the club was other than a non-proprietary club during the financial
year, the control body form must provide for statements about the following--
(a) the club's income and expenditure, on an accrual basis;
(b) its assets and liabilities as at the end of the financial year.
(5) In this section--
responsible entity, for a licensed club for a financial year, means--
(a) if the corporation that was a licensed club during the financial
year continues to be a licensed club--the licensed club; or
(b) if the corporation that was a licensed club during the financial
year is no longer licensed as a licensed club but the corporation
continues to exist--the corporation; or
(c) if the corporation that was a licensed club during the financial
year is no longer licensed as a licensed club and the corporation no
longer exists--each of the persons who was an executive officer of
the corporation immediately before the licence ended.
111 Definitions for div 4
In this division--
deal with, an asset, includes grant a right in relation to the asset, mortgage,
lend, lease or register a charge over the asset, but does not include dispose
of the asset.
dispose, of an asset, includes distribute, forfeit, relinquish possession of,
sell or otherwise give up, the asset.
non-proprietary entity means--
(a) a licensed club that is a non-proprietary club; or
(b) a corporation that was a licensed club and, when it was licensed,
was a non-proprietary club.
relevant control body relating to a non-proprietary entity, means the control
body that licensed the entity.
112 Application of revenues, profits etc. of licensed club that is or was a
non-proprietary entity
(1) A non-proprietary entity must not divide, directly or indirectly, money
comprising the entity's revenues, profits or other assets, however derived,
among the individual members of the entity or any of them.
(2) The non-proprietary entity may apply amounts comprising its revenues and
profits--
(a) for encouraging the relevant control body's code of racing in
Queensland if the application is under 1 of the control body's
policies for that purpose; and
(b) for a charitable, benevolent, patriotic or special purpose, if
the application is under the relevant control body's written approval
obtained before the entity applies the amounts.
(3) This section does not prevent--
(a) a payment to a member of a non-proprietary entity as--
(i) principal and interest payable for amounts lent to the
entity by that member, calculated at a rate not exceeding
the rate for the time being approved by the Reserve Bank of
Australia as the maximum rate of interest chargeable by
banks for overdraft accommodation; or
(ii) rent for a lease of a licensed venue that is the
property of the member, if the lease was approved by the
Minister before its execution; or
(iii) reimbursement for reasonable expenses incurred by the
member under 1 of the relevant control body's policies that
provides the expenses may be incurred; or
(b) an expenditure by the non-proprietary entity for--
(i) providing reasonable entertainment for the entity's
members in common with other persons; and
(ii) defraying a member's expenses for attending, with the
approval of the entity before attending--
(A) a conference or meeting of persons interested
or concerned in racing or in the control, holding
or supervision of race meetings; or
(B) a conference or meeting with the relevant
control body or with the Minister; or
(C) a place to promote the entity's interests; or
(c) a payment to 1 of the entity's members of prize money, or for the
award of a trophy, won by a licensed animal at a race meeting held by
the entity; or
(d) a payment by the entity of a reasonable amount to a person,
whether or not a member of the entity, for legal, accounting,
secretarial or other professional services requested by or given to
the entity.
113 Prohibition of disposal of assets etc. of non-proprietary entity
(1) A non-proprietary entity may not dispose of any of its asset unless--
(a) if the asset is an amount comprising the entity's revenues and
profits--the amount is applied under section 112(2) or (3); or
(b) if the asset is an interest in real property and is used for a
purpose mentioned in subsection (2)--the asset is disposed of under
that subsection; or
(c) if the asset is not an amount mentioned in paragraph (a) or an
interest in real property used for a purpose mentioned in subsection
(2), the asset is disposed of under--
(i) 1 of the relevant control body's policies; or
(ii) a written approval of the relevant control body,
obtained before the disposal and relating to that asset.
(2) Despite this Act or another Act, or a law, custom or practice, the entity
must not dispose of an interest in real property that is used for the following
purposes without the approval of the Minister obtained before the disposal--
(a) a licensed venue;
(b) a place for exercising, conditioning or training licensed
animals.
(3) An approval given for subsection (2) must be published in the gazette.
(4) The Minister may, under subsection (2), approve the disposal of an asset
that is an interest in real property used for a purpose mentioned in that
subsection only if the following happened before the entity sought the
Minister's approval--
(a) the majority of the entity's members present at a meeting of it
approved of the disposal;
(b) the relevant control body's approval was obtained.
(5) A relevant control body may grant an approval mentioned in subsection (4)
(b) on conditions the control body considers appropriate including a condition
requiring a stated portion of the proceeds of the disposal of the asset to be
paid to the control body for use by the control body for the benefit of its
code of racing.
113AA Dealing with assets of non-proprietary entity
A non-proprietary entity must not deal with an asset of the entity other than
under--
(a) a policy of the relevant control body; or
(b) a written approval of the relevant control body, obtained before
the dealing and relating to that asset.
113A Definitions for pt 6
In this part--
betting exchange see section 113B.
document or information request see section 113EA.
licensed wagering operator means a wagering operator that holds a licence or
other authority--
(a) under a law of a State or foreign country; or
(b) issued by a control body, or a principal racing authority of
another State or a foreign country;
authorising it to conduct a wagering business.
principal racing authority, of another State or a foreign country, means an
entity that manages a type of animal racing in the other State or foreign
country.
Queensland race information means information that identifies, or is capable of
identifying any of the following--
(a) the name, number or time of an intended race to be held at a race
meeting at a licensed venue in Queensland;
(b) the name or number of a licensed animal that has been nominated
for, or that will otherwise take part in, an intended race to be held
at a race meeting at a licensed venue in Queensland;
(c) the name or number of a licensed animal that has been scratched
or withdrawn from an intended race to be held at a race meeting at a
licensed venue in Queensland;
(d) the name or number of a rider, or trainer, of a licensed animal
that has been nominated for, or that will otherwise take part in, an
intended race to be held at a race meeting at a licensed venue in
Queensland;
(e) the outcome of a race held at a race meeting at a licensed venue
in Queensland.
race information authority means a race information authority issued under
section 113E(1).
totalisator see the Wagering Act 1998, section 8.
wagering monitoring system means a system for monitoring the wagering activity
of a licensed wagering operator.
wagering operator means--
(a) a person who conducts bookmaking; or
(b) a person who conducts a betting exchange; or
(c) a person who conducts a totalisator; or
(d) a person who otherwise conducts a wagering business.
113B Meaning of betting exchange
(1) Betting exchange means a facility that enables persons--
(a) to place or accept, through the operator of the facility, wagers
with other persons; or
(b) to place with the operator of the facility wagers that, on
acceptance, are matched with opposing wagers placed with and accepted
by the operator.
(2) However, betting exchange does not include a facility that enables persons
to place wagers only with a person who conducts bookmaking or a totalisator.
113C Use of Queensland race information
A licensed wagering operator must not, whether in Queensland or elsewhere, use
Queensland race information for the conduct of the operator's wagering
business, unless the operator is authorised to do so under a race information
authority.
Maximum penalty--
(a) for a first offence--600 penalty units or 12 months imprisonment;
or
(b) for a second or subsequent offence--4000 penalty units or 5 years
imprisonment.
113D Application for race information authority
(1) A licensed wagering operator wishing to use Queensland race information for
the conduct of the operator's wagering business for a code of racing may apply
to the control body for the code of racing for a race information authority for
the code of racing.
(2) The application must--
(a) be made in the way prescribed under a regulation; and
(b) be accompanied by--
(i) any application fee decided by the control body; and
(ii) the documents prescribed under a regulation.
(3) The control body must consider the application and either grant, or refuse
to grant, the application.
(4) In deciding the application, the control body must have regard to the
criteria prescribed under a regulation.
(5) Without limiting subsection (4), the criteria that are prescribed under a
regulation for that subsection may state--
(a) the types of matters that may, or must, be taken into account by
the control body in deciding the application; or
(b) the types of matters that must not be taken into account by the
control body in deciding the application.
113E Decision
(1) If the control body decides to grant the application, the control body must
as soon as practicable issue a race information authority for the code of
racing to the applicant.
(2) If the control body decides to refuse to grant the application, the control
body must as soon as practicable give the applicant a notice stating the
decision and reasons for the decision.
(3) If the control body decides to grant the application, the control body may
impose any of the following conditions on the authority--
(a) a condition that the holder of the authority pay the control body
a fee for the use of Queensland race information for the conduct of
the holder's wagering business for the code of racing;
(b) a condition of a type prescribed under a regulation.
(4) In deciding whether to impose a condition on the authority, or the type of
condition, the control body must not take into account the matters prescribed
under a regulation.
(5) If the applicant has used Queensland race information for the conduct of
the applicant's wagering business for the code of racing at any time during the
period from 1 September 2008 to the day of issue of the authority to the
applicant, a condition mentioned in subsection (3)(a) may be that the holder of
the authority pay a fee for the use of the information during the period.
(6) Without limiting subsection (4), in deciding whether to impose a condition
mentioned in subsection (3)(a) on the authority, or the amount of the fee, the
control body must take into account any other fees payable to it by the holder
of the authority under any agreement between the control body and holder of the
authority.
(7) If the control body decides to impose a condition mentioned in subsection
(3)(a) on the authority, section 35(2) does not apply to the amount of the fee
charged.
113EA Standard condition of race information authority
It is a condition of every race information authority that the holder of the
authority must, unless the holder has a reasonable excuse--
(a) take part, as required by the control body that issued the
authority, in a wagering monitoring system established or nominated
by the control body; and
(b) comply with all reasonable requests by the control body to give
the control body, within the reasonable time stated in the request,
information or documents about bets placed with the holder (a
document or information request).
113EB Use of documents or information by control body
(1) A control body may use documents or information gained from a wagering
monitoring system or under a document or information request only for--
(a) monitoring wagering activity to detect possible breaches of this
Act or the control body's rules of racing; and
(b) taking investigative or enforcement action about the possible
breaches.
(2) Subsection (1) does not prevent the control body from providing the
documents or information to the chief executive or an authorised officer if
required under another provision of this Act.
113EC Effect of providing documents or information about wagering activity
A person who is the holder of a race information authority or an employee of
the holder is not liable civilly, criminally or under an administrative process
for providing documents or information about wagering activity--
(a) by taking part in a wagering monitoring system; or
(b) in response to a document or information request.
113F Cancellation of race information authority
(1) A control body that has issued a race information authority to a licensed
wagering operator may, by notice given to the operator, cancel the authority on
a ground prescribed under a regulation.
(2) A notice given under subsection (1) must state the reasons for the
cancellation.
113G Authorisations for competition legislation
(1) The following things are specifically authorised for the competition
legislation--
(a) an agreement entered into between--
(i) 2 or more control bodies in relation to the appointment
of an agent (an appointed agent) to collect, or the
collection by the agent or any of the bodies of, fees that
are payable to the bodies under race information
authorities issued by the bodies; or
(ii) 1 or more control bodies and any corresponding body of
another State in relation to the appointment of an agent
(also an appointed agent) to collect, or the collection by
the agent or any of the bodies of, fees that are payable to
the bodies for the use of Queensland race information and
corresponding information relating to the corresponding
body;
(b) the conduct of the bodies and an appointed agent in negotiating
and entering into the agreement;
(c) the conduct of the bodies and an appointed agent in performing
the agreement.
(2) Anything authorised to be done by subsection (1) is authorised only to the
extent to which it would otherwise contravene the Trade Practices Act 1974
(Cwlth) or the Competition Code of Queensland.
(3) In this section--
agreement includes a contract, arrangement or understanding.
competition legislation means the Trade Practices Act 1974 (Cwlth), section 51
(1)(b) or the Competition Code of Queensland, section 51.
114 Establishment of Racing Animal Welfare and Integrity Board
The Racing Animal Welfare and Integrity Board is established.
115 Functions and powers of integrity board
(1) The integrity board's functions are to monitor all of the following and to
advise and make recommendations to the chief executive about them--
(a) the policies of each control body about the welfare of licensed
animals and other matters affecting the integrity of a control body's
code of racing;
(b) the performance of functions and exercise of powers by integrity
officers;
(c) the quality and range of services for drug control relating to
licensed animals and associated services that accredited facilities
or secondary facilities provide;
(d) the way things for analysis are taken or dealt with, and the way
accredited facilities analyse things;
(e) other matters the chief executive refers to the integrity board
or the integrity board considers appropriate.
(2) Also, the integrity board's function mentioned in subsection (1)(c)
includes advising, and making recommendations to, the chief executive about
each accreditation application and the quality and range of services for drug
control relating to licensed animals and associated services to be provided by
facilities mentioned in the accreditation application.
(3) Further, the integrity board has the function of--
(a) developing or adopting procedures about the way things for
analysis are to be taken and dealt with; and
(b) publishing the procedures, and amendments of the procedures, in a
way prescribed under a regulation.
(4) The integrity board has power to do all things necessary or convenient to
be done for the performance of its functions.
116 Membership of integrity board
(1) There are to be at least 3, and not more than 4, members of the integrity
board.
(2) The Minister must, by gazette notice, appoint individuals as board members
who are, under section 117, qualified for appointment as board members.
(3) A board member is to be appointed for a term of not more than 3 years.
(4) The Minister must, by gazette notice, appoint 1 member as board
chairperson.
117 Qualification for appointment as board member
(1) An individual is qualified for appointment as a board member only if the
individual has--
(a) qualifications and technical skills in at least 1 of the
following areas--
(i) clinical veterinary practice at a venue at which
animals race;
(ii) analytical chemistry;
(iii) veterinary epidemiology; or
(b) qualifications and experience in at least 1 of the following
areas--
(i) law or judicial process;
(ii) biological science, for example, bacteriology, health,
medicine or microbiology.
(2) An individual is not qualified for appointment as, or to continue as, a
board member if the individual--
(a) is affected by bankruptcy action; or
(b) has a disqualifying conviction; or
(c) is subject to an exclusion action under any control body's rules
of racing; or
(d) is a control body associate, or employee, of a control body; or
(e) is licensed by, or an executive officer of a corporation that is
licensed by, a control body; or
(f) is a member of a committee, or an employee, of--
(i) a licensed club; or
(ii) an association formed to promote the interests of 1 or
more participants in a code of racing, whether or not
formed under this Act; or
(g) is named in an accreditation certificate in any capacity, or is a
member of the staff of, or is otherwise engaged in any activity
relating to, an accredited facility or a secondary facility for an
accredited facility; or
(h) is disqualified from managing corporations, under the
Corporations Act, part 2D.6.
118 Resignation
A board member may resign his or her appointment as a board member by signed
notice given to the Minister.
119 Vacation of office
(1) A board member is taken to have vacated office if the member--
(a) dies; or
(b) is not qualified to continue as a board member under section 117
(2); or
(c) resigns under section 118; or
(d) is absent from 3 consecutive board meetings of which due notice
has been given, unless the member is on a leave of absence mentioned
in section 120.
(2) If the office of a member becomes vacant under subsection (1), the Minister
may, subject to section 117, appoint another individual to be a board member.
(3) In this section--
board meeting means either of the following--
(a) if the member does not attend--a meeting with a quorum present;
(b) if the member attends--a meeting with or without a quorum
present.
120 Leave of absence for a board member and person acting as member
(1) The Minister may approve a leave of absence for a board member (the
approved absent member).
(2) Subject to section 117, the Minister may appoint another individual
qualified for appointment as a board member to act in the office of the
approved absent member while the member is absent on the leave.
(3) If the approved absent member is the board chairperson, the Minister may
appoint another board member to act in the chairperson's office while the
chairperson is absent on the approved leave.
121 Effect of vacancy in membership of integrity board
Despite section 116(1), the performance of a function, or exercise of a power,
by the integrity board is not affected merely because of a vacancy in the
membership of the integrity board.
122 Remuneration of board members
A board member is entitled to the remuneration and allowances decided by the
Governor in Council.
123 Conduct of business
Subject to this division, the integrity board must conduct its business,
including the board meetings, in the way it considers appropriate.
124 Time and place of, and quorum for, board meetings
(1) Board meetings must be held at the times and places the board chairperson
decides.
(2) Subject to section 128(5), a quorum for a board meeting is 2 board members.
125 Presiding at board meetings
(1) The board chairperson must preside at all board meetings at which the
chairperson is present.
(2) If the chairperson is absent from a board meeting, or the office is vacant,
a board member elected by the other members present at the meeting must
preside.
126 Conduct of board meetings
(1) A question at a board meeting is decided by a majority of the votes of the
board members present.
(2) Each board member present has a vote on each question to be decided and, if
the votes are equal, the member presiding also has a casting vote.
(3) A board member present at the meeting who abstains from voting is taken to
have voted for the negative.
(4) The integrity board may hold its meetings, or allow board members to take
part in its meetings, by using any technology that reasonably allows members to
hear and take part in discussions as they happen.
Example of use of technology--
teleconferencing
(5) A board member who takes part in a meeting under subsection (4) is taken to
be present at the meeting.
(6) A resolution is validly made by the integrity board, even if it is not
passed at a board meeting, if--
(a) notice of the resolution is given under procedures approved by
the integrity board; and
(b) a majority of the board members give written agreement to the
resolution.
127 Minutes and records
The integrity board must keep--
(a) minutes of its meetings; and
(b) a record of resolutions made under section 126(6).
128 Disclosure of interest
(1) If a board member becomes aware that the member has a conflict of interest
about an issue being considered, or about to be considered, by the integrity
board, the member must disclose the nature of the conflicting interest to a
board meeting.
(2) Unless the board otherwise directs, the member must not--
(a) be present when the board considers the issue; or
(b) take part in a decision of the board about the issue.
(3) The member must not be present when the board is considering whether to
give a direction under subsection (2).
(4) If there is another board member who must, under subsection (1), also
disclose an interest in the issue, the other member must not--
(a) be present when the board is considering whether to give a
direction under subsection (2); or
(b) take part in making the decision about giving the direction.
(5) If--
(a) because of this section, a board member is not present at a board
meeting for considering or deciding an issue, or for considering or
deciding whether to give a direction under subsection (2); and
(b) there would be a quorum if the member were present;
the remaining member present is a quorum of the board for considering or
deciding the issue, or for considering or deciding whether to give the
direction, at the meeting.
(6) A board member has a conflict of interest about an issue if the member has
an interest, financial or otherwise, that could conflict with the proper
performance of the member's duties.
(7) A disclosure under subsection (1) must be recorded in the board's minutes.
129 Accreditation application
(1) A person responsible for a facility that the person believes has the
capacity to analyse things relating to licensed animals may apply to the chief
executive for accreditation of the facility as an accredited facility (an
accreditation application).
(2) The accreditation application must be in the approved form and accompanied
by the application fee prescribed under a regulation.
(3) Without limiting the matters that may be required in the approved form, the
accreditation application must state the following--
(a) a person, other than an analyst, who is to be responsible for
taking delivery, for the proposed facility, of things for analysis;
(b) an analyst who has the qualifications prescribed under a
regulation to be an accredited analyst;
(c) a veterinary surgeon who has the qualifications prescribed under
a regulation to be an accredited veterinary surgeon;
(d) another facility proposed as a secondary facility, to which
things for analysis will be delivered, if the things can not be
analysed at the proposed facility within a reasonable time;
(e) the following persons for the other facility that is proposed as
a secondary facility--
(i) a person, other than an analyst, who is to be
responsible for taking delivery, for the other facility, of
things for analysis;
(ii) an analyst who has the qualifications prescribed under
a regulation to be an accredited analyst.
130 Chief executive may ask for further information
The chief executive may, by notice given to the applicant, ask the applicant to
give the chief executive any further information or documents about the
application within a reasonable period stated in the notice.
131 Chief executive may accredit facilities
(1) The chief executive may accredit a proposed facility as an accredited
facility.
(2) However, the chief executive may accredit the proposed facility only if the
chief executive is satisfied--
(a) the facility's procedures for analysis, including its security
systems relating to analysing things relating to licensed animals,
are of a standard to ensure the integrity of the analysis; and
(b) the facility's staff involved in analysing things relating to
licensed animals have the necessary experience or expertise to
perform the analysis; and
(c) persons engaged as veterinary surgeons for the facility have the
necessary experience or expertise to provide advice about the nature
and effect of drugs and code substances in relation to licensed
animals; and
(d) the facility has entered into an arrangement for services,
relating to analysing things that can not be analysed at the facility
within a reasonable time, with a proposed secondary facility stated
in the accreditation application; and
(e) the proposed secondary facility has--
(i) procedures for analysis that are of a standard to
ensure the integrity of the analysis, including quality
assurance procedures and security systems, relating to
analysing things relating to licensed animals; and
(ii) staff involved in analysing things relating to
licensed animals who have the necessary experience or
expertise to perform the analysis; and
(f) the facility otherwise complies with requirements prescribed
under a regulation, including requirements for quality assurance
procedures to be complied with when analysing things relating to
licensed animals.
(3) In deciding whether to accredit a proposed facility, the chief executive
may have regard to--
(a) advice given, or recommendations made, by the integrity board to
the chief executive about the accreditation application; and
(b) any other matter that the chief executive believes is
appropriate.
(4) After the chief executive makes a decision about the accreditation
application, the chief executive must give the applicant an information notice
about the decision.
(5) If the chief executive grants the application, the information notice must
state the conditions imposed by the chief executive to which the accreditation
is to be subject.
132 Accreditation certificate
(1) This section applies if the chief executive grants the accreditation
application of a facility.
(2) The chief executive must issue to the applicant a certificate accrediting
the facility (the accreditation certificate).
(3) The accreditation certificate must state all of the following--
(a) the name of the facility;
(b) the name of the person who holds the accreditation for the
facility;
(c) the name of each person who, for the accredited facility, is--
(i) responsible for taking delivery of things for analysis;
or
(ii) an accredited analyst; or
(iii) an accredited veterinary surgeon;
(d) the name of each secondary facility for the accredited facility
and each person who, for each secondary facility, is--
(i) responsible for taking delivery of things for analysis;
or
(ii) an accredited analyst;
(e) conditions imposed by the chief executive to which the
accreditation is subject.
133 Regulation may prescribe a condition applying to an accreditation
(1) A regulation may prescribe a condition to which the accreditation of an
accredited facility is subject.
(2) A condition prescribed under subsection (1) applies in relation to an
accredited facility even if the facility was accredited as an accredited
facility before the regulation commenced.
(3) If there is an inconsistency between an express condition stated in an
accreditation and a condition stated in a regulation, the condition in the
regulation applies to the extent of the inconsistency.
134 Variation of accreditation by application of accreditation holder
(1) The accreditation holder for an accredited facility may apply to the chief
executive for a variation of the accreditation for the accredited facility.
(2) The application must be in the approved form and accompanied by the
application fee prescribed under a regulation.
(3) The chief executive must consider the application and either grant or
refuse to grant the application.
(4) After the chief executive makes a decision about the application, the chief
executive must give the applicant an information notice about the decision.
(5) If the chief executive grants the application, the information notice must-
-
(a) state the conditions imposed by the chief executive to which the
accreditation is to be subject; and
(b) include a direction to the accreditation holder to return the
accreditation to the chief executive, within 14 days after the date
of the information notice, for relevant action by the chief
executive.
135 Grounds for disciplinary action relating to accredited facility
(1) Each of the following is a ground to take disciplinary action relating to
the accreditation of an accredited facility--
(a) the accreditation holder or a person named in the accreditation
certificate contravened a provision of this Act, whether or not the
provision is an offence;
(b) the accreditation holder or a person named in the accreditation
certificate failed to comply with a condition stated in the
accreditation;
(c) the chief executive is no longer satisfied about a matter
mentioned in section 131(2) in relation to the accredited facility;
(d) in the accreditation application, or a notice or other document
that the accreditation holder or a person named in the accreditation
certificate is required under this Act to give to the chief executive
or another person, the accreditation holder or named person stated
something the holder or person knew was false or misleading in a
material particular.
(2) There are no other grounds for taking disciplinary action relating to the
accreditation of an accredited facility other than the grounds mentioned in
subsection (1).
136 Show cause notice
(1) If the chief executive believes a ground exists to take disciplinary action
relating to the accreditation of an accredited facility, the chief executive
must, subject to section 139(1)(a), give the accreditation holder a notice (a
show cause notice).
(2) The show cause notice must state the following--
(a) the action the chief executive proposes to take (the proposed
action);
(b) the grounds for the proposed action;
(c) an outline of the facts and circumstances forming the basis for
the grounds;
(d) if the proposed action includes suspension of the accreditation--
the proposed suspension period;
(e) if the proposed action includes varying the accreditation--the
proposed change to a condition imposed on the accreditation or the
proposed new condition to be imposed on the accreditation;
(f) an invitation to the accreditation holder to make, within a
stated period (the show cause period), written representations to
show why the proposed action should not be taken.
(3) The show cause period must be a period ending at least 28 days after the
day the show cause notice is given to the accreditation holder.
137 Representations about show cause notice
(1) The accreditation holder may make written representations about the show
cause notice to the chief executive in the show cause period.
(2) The chief executive must consider all written representations (the accepted
representations) made under subsection (1).
138 Immediate suspension of an accreditation
(1) The chief executive may suspend an accreditation of an accredited facility
immediately if the chief executive believes--
(a) a ground exists to take disciplinary action relating to the
accreditation; and
(b) the circumstances are so extraordinary that it is imperative to
suspend the accreditation immediately to ensure--
(i) the safety of persons or the welfare of licensed
animals; or
(ii) the public interest in a code of racing is not
adversely affected.
(2) The suspension--
(a) can be effected only by the chief executive giving the
accreditation holder an information notice about the decision to
suspend the accreditation of the accredited facility, together with a
show cause notice; and
(b) operates immediately the information notice is given to the
accreditation holder; and
(c) continues to operate until the show cause notice is finally dealt
with.
139 Censuring accreditation holder of an accredited facility
(1) The chief executive may censure the accreditation holder of an accredited
facility if the chief executive--
(a) believes a ground exists to take disciplinary action relating to
the accreditation but does not believe that giving a show cause
notice to the accreditation holder is warranted; or
(b) after considering the accepted representations relating to a show
cause notice, still believes a ground exists to take disciplinary
action relating to the accreditation but does not believe
disciplinary action is warranted.
(2) The censure can be effected only by the chief executive giving the
accreditation holder an information notice about the decision to censure it.
140 Direction to accreditation holder to rectify matter
(1) This section applies if, after considering the accepted representations for
a show cause notice, the chief executive--
(a) still believes a ground exists to take disciplinary action
relating to the accreditation of an accredited facility; and
(b) believes a matter relating to the ground to take disciplinary
action is capable of being rectified and it is appropriate to give
the accreditation holder an opportunity to rectify the matter.
(2) The chief executive may direct the accreditation holder to rectify the
matter.
(3) The direction can be effected only by the chief executive giving the
accreditation holder an information notice about the decision to give the
direction, including the period for rectifying the matter.
(4) The period stated in the information notice must be reasonable having
regard to the nature of the matter to be rectified.
(5) An accreditation holder must comply with a direction under this section
within the period for rectifying the matter stated in the information notice,
unless the accreditation holder has a reasonable excuse.
(6) Disciplinary action relating to the accreditation of the accredited
facility can not be taken for the ground giving rise to the information notice
unless the accreditation holder--
(a) fails to comply with the notice within the stated period; and
(b) does not have a reasonable excuse for failing to comply with the
notice.
141 Action by chief executive
(1) Subject to section 140(6), this section applies if--
(a) there are no accepted representation for a show cause notice; or
(b) after considering the accepted representations for a show cause
notice, the chief executive still believes a ground for disciplinary
action exists relating to the accreditation.
(2) The chief executive may--
(a) if the proposed action was to suspend the accreditation--suspend
the accreditation for not longer than the proposed suspension period;
or
(b) if the proposed action was to vary the accreditation--vary the
accreditation in the proposed way; or
(c) if the proposed action was to cancel the accreditation--cancel
the accreditation or take another form of disciplinary action.
(3) More than 1 type of disciplinary action relating to the accreditation may
be taken under this section.
(4) If the chief executive decides to take action under subsection (2), the
chief executive must immediately give the accreditation holder an information
notice about the decision.
(5) If the chief executive's decision is that the accreditation is cancelled,
suspended or varied, the information notice must include a direction to the
accreditation holder to return the accreditation certificate to the chief
executive, within 14 days after receiving the information notice, for relevant
action by the chief executive.
(6) The decision takes effect on the later of the following--
(a) the day the information notice is given to the accreditation
holder;
(b) the day of effect stated in the information notice.
142 Definitions for pt 4
In this part--
agreement, between a control body and an accredited facility, means an
agreement entered into under section 40.
deal, in relation to a thing for analysis, means mark, seal or deliver the
thing for analysis.
nominated person means--
(a) for an accredited facility--a person named in the accredited
facility's accreditation certificate as a person responsible for
taking delivery, for the accredited facility, of things for analysis;
or
(b) for a secondary facility for an accredited facility--a person
named in the accredited facility's accreditation certificate as a
person responsible for taking delivery, for the secondary facility,
of things for analysis.
substance includes an artefact, isomer or metabolite, of a substance.
143 Way control body may take or deal with a thing for analysis
(1) This section applies if a control body's policy about drug control relating
to licensed animals provides for the analysis of things.
(2) If the results of the analysis are to be used by the control body only for
research or survey purposes, the control body may take or deal with the thing
in a way the control body considers is consistent with the research or survey
purposes.
(3) If the results of the analysis are to be used by the control body for a
purpose other than for research or survey purposes, the control body must take
and deal with the thing for analysis under the integrity board's procedures
mentioned in section 115(3) as in force at the relevant time.
Note--
See section 352A (Integrity of analysis of thing).
(4) The control body must deliver the thing for analysis to--
(a) if the thing is to be delivered under an agreement between the
control body and an accredited facility--the accredited facility that
is a party to the agreement; or
(b) otherwise--another facility that has the capacity to analyse
things relating to licensed animals if the delivery is approved by an
integrity officer.
144 Way things taken for analysis by integrity officer or qualified person must
be taken and dealt with
If, under section 285, an integrity officer takes a thing for analysis or
arranges for a qualified person to take it, the thing must be taken and dealt
with--
(a) under the integrity board's procedures mentioned in section 115
(3) as in force at the relevant time; or
(b) in another way that the integrity officer believes will ensure
the integrity of the analysis.
145 Person must not interfere with container in which things are placed
(1) This section applies to a thing dealt with under section 143 or 144.
(2) A person must not interfere with a container in which the thing is placed
by a control body under section 143, or an integrity officer or qualified
person under section 144, unless the person has a reasonable excuse.
Maximum penalty--600 penalty units.
(3) Subsection (2) does not apply to an integrity officer or an analyst if the
integrity officer or analyst interferes with the container as part of the
process of allowing the thing to be analysed.
(4) In this section--
analyst means an analyst employed by an accredited facility or a secondary
facility for an accredited facility.
interfere with, a container, means--
(a) open, alter or break the container, or a seal placed on the
container; or
(b) remove or erase a mark or seal placed on the container.
146 Analysis of thing
(1) If a thing for analysis has been delivered to an accredited facility, a
nominated person for the accredited facility must--
(a) give a receipt for the thing in the way prescribed under a
regulation; and
(b) give the thing to an analyst at the accredited facility.
(2) However, if the thing can not be analysed at the accredited facility within
a reasonable time, the nominated person may, instead of giving the thing to an
analyst at the accredited facility, deliver the thing for analysis to a
secondary facility for the accredited facility.
(3) If a nominated person for an accredited facility decides to deliver the
thing for analysis to a secondary facility, the nominated person must deliver a
notice with the thing stating all of the following--
(a) the drugs and any code substances the analysis must cover;
(b) the information required to be included in the written results of
the analysis;
(c) that if a drug or code substance mentioned in the notice is found
in or on the thing, the results must include a certificate signed by
an accredited analyst for the secondary facility;
(d) the information required to be included in the certificate
mentioned in paragraph (c).
(4) If a nominated person for an accredited facility has delivered a thing for
analysis to a secondary facility for the accredited facility--
(a) the nominated person for the secondary facility must give the
thing to an analyst at the secondary facility; and
(b) the analyst at the secondary facility must, after completing the
analysis, give written results of the analysis to the nominated
person for the accredited facility; and
(c) the results must state the things mentioned in the notice
delivered with the thing as mentioned in subsection (3).
147 Procedure after analysis
(1) This section applies if a thing for analysis is delivered to an accredited
facility and either of the following applies--
(a) an analyst at the accredited facility has carried out an analysis
relating to the thing;
(b) an analyst at a secondary facility for the accredited facility
has carried out an analysis relating to the thing and given the
results under section 146(4)(b) to the nominated person for the
accredited facility.
(2) An analyst at the accredited facility must, after the completion of the
analysis or receiving the results mentioned in section 146(4)(b), give a notice
stating the results of the analysis (the notice of results) to--
(a) if the thing was delivered to the accredited facility by a
control body--the accredited veterinary surgeon for the accredited
facility; or
(b) if the thing was delivered to the accredited facility by an
integrity officer--the integrity officer.
(3) The notice of results must include a certificate signed by an accredited
analyst stating all of the following--
(a) information to identify the thing analysed;
(b) the date when, and the place at which, the thing was analysed;
(c) no drug was found in or on the thing or if a drug was found--
(i) the fact that a drug was found and its name; and
(ii) if the control body or integrity officer who delivered
the thing for analysis to the accredited facility asked for
information about the amount or concentration of any drug
found in the thing--the information requested;
(d) for a thing delivered under an agreement between a control body
and the accredited facility--no code substance was found in or on the
thing or if a code substance was found--
(i) the fact that a code substance was found and its name;
and
(ii) if the control body that delivered the thing for
analysis to the accredited facility asked for information
about the amount or concentration of any code substance
found in the thing--the information requested.
148 If analysis can not be completed
(1) This section applies if--
(a) a thing for analysis is delivered to an accredited facility; and
(b) an analyst at the accredited facility, or a secondary facility
for the accredited facility, fails to complete an analysis relating
to the thing.
(2) The analyst must give a notice about the failure to complete the analysis
to--
(a) if the thing was delivered to the accredited facility by a
control body--the control body; or
(b) if the thing was delivered to the accredited facility by an
integrity officer--the integrity officer.
(3) The notice under subsection (2) must state--
(a) there was a failure to complete the analysis; and
(b) the reason for the failure.
Examples for paragraph (b)--
1 The amount of the thing delivered for analysis was insufficient.
2 The condition of the thing delivered for analysis has deteriorated.
149 Certificate of accredited veterinary surgeon
(1) This section applies if--
(a) a control body delivers a thing for analysis to an accredited
facility; and
(b) a drug or code substance is found in or on the thing; and
(c) a notice of results is given to an accredited veterinary surgeon
as mentioned in section 147.
(2) The accredited veterinary surgeon must give to the control body a
certificate signed by the accredited veterinary surgeon stating--
(a) the pharmacology of the drug or code substance; and
(b) the effect of using the drug or code substance on the behaviour,
performance or physical condition of a stated type of animal; and
(c) if a drug is found in or on the thing and the drug is mentioned
in the Standard for the Uniform Scheduling of Drugs and Poisons
published by the Commonwealth--the schedule in which the drug is
mentioned.
150 Decisions that may be reviewed by the tribunal
(1) Subject to subsection (3), a person aggrieved by any of the following
decisions may apply, as provided under the QCAT Act, to the tribunal for a
review of the decision--
(a) a control body's decision to--
(i) refuse to grant or renew a licence; or
(ii) take disciplinary action relating to a licence; or
(iii) take an exclusion action against a person; or
(iv) impose a monetary penalty on a person;
(b) a decision of an appeal committee made in relation to an appeal
against a monetary penalty imposed by, or other decision of, a
steward;
(c) the imposition of a monetary penalty by, or other decision of, a
steward of a control body if there is no right of appeal to an appeal
committee against the decision;
(d) another decision of a control body prescribed under a regulation.
(2) A steward of a control body may apply, as provided under the QCAT Act, to
the tribunal for a review of a decision of an appeal committee made on an
appeal against the steward's decision.
(3) An application for a review under subsection (1) or (2) must be made within
14 days of the applicant receiving notice of the decision to be reviewed.
151 Decisions that may not be reviewed by the tribunal
Despite section 150(1), a person aggrieved by any of the following decisions
may not apply to the tribunal for a review of the decision--
(a) a decision relating to the eligibility of an animal to race or
the conditions under which an animal can race;
Example for paragraph (a)--
A steward's decision requiring an animal to pass a stated examination
or test before being allowed to race.
(b) a decision cancelling or suspending the licence for an animal,
unless the cancellation or suspension relating to that licence
relates to--
(i) a decision to take disciplinary action relating to the
licence of a licence holder; or
(ii) a decision to take an exclusion action, under the
control body's rules of racing, against a person;
(c) a decision about a protest or objection against placed animals
relating to an incident that happened during a race or trial;
(d) a decision imposing a penalty of not more than $250;
(e) a decision relating to a dispute between a racing bookmaker
licensed by a control body and a person who placed a bet with the
bookmaker for a race at a race meeting held under the control of the
control body;
(f) a decision to stop, restart, rerun, postpone or abandon a race.
152 What happens if appeal committee refuses to hear or fails to decide an
appeal
(1) Subject to an order under subsection (3), an appeal committee is taken to
have decided to dismiss an appeal if--
(a) the appeal committee refuses to hear the appeal from a decision
of a steward of the control body that established the committee; or
(b) within 6 weeks after lodging the appeal mentioned in paragraph
(a), the appeal has not been decided by the appeal committee.
(2) Subsection (3) applies if an appeal committee is taken under subsection (1)
to have decided to dismiss an appeal (the dismissal decision) and the appeal
committee lodges a written application with the QCAT registrar for an order
that the time for consideration of the appeal by the appeal committee be
extended.
(3) The tribunal may make the order.
153 Tribunal to hear review within 28 days
(1) The tribunal must start the hearing of a review under this chapter within
28 days after the application for review is made under section 150.
(2) However, the tribunal may, by order, extend the period mentioned in
subsection (1) if it considers the special circumstances of the review require
it to do so.
154 Constitution of tribunal
(1) This section applies to a proceeding of the tribunal relating to a review
under this Act.
(2) The president must not choose a person to be a tribunal member if the
person is a relevant person.
(3) Also, a person must not continue to be a tribunal member if the person is a
relevant person.
(4) In this section--
president means the president under the QCAT Act.
relevant person means--
(a) an executive officer, or an official or other member of staff, of
a control body; or
(b) a licence holder of a control body or an executive officer of a
licence holder; or
(c) a committee member; or
(d) a member of a committee, or an employee, of an association formed
to promote the interests of 1 or more participants in a code of
racing; or
(e) an individual who has any of the following convictions other than
a spent conviction--
(i) a conviction under this Act;
(ii) a conviction under the repealed Act;
(iii) a conviction under a law of another State, that is
prescribed under a regulation as a law about racing or
betting;
(iv) a conviction for an offence that involved dishonesty,
fraud, stealing or unlawful betting.
tribunal member means a member of QCAT under the QCAT Act.
194 Requirement to hold racing bookmaker's licence
(1) A person must not carry on bookmaking at a licensed venue at any time
unless the person is a racing bookmaker whose licence was granted by the
control body exercising control at the licensed venue at that time.
Maximum penalty--600 penalty units.
(2) A racing bookmaker who is an individual must have the person's licence with
the person at all times the person is carrying on bookmaking at a licensed
venue when it is under the control of the control body that granted the
person's licence, unless the person has a reasonable excuse.
Maximum penalty--40 penalty units.
(3) A licensed executive officer of a corporation that is a racing bookmaker
must have the corporation's licence, or a certified copy of the corporation's
licence, with the person at all times the person is carrying on bookmaking for
the corporation at a licensed venue when it is under the control of the control
body that granted the corporation's licence, unless the person has a reasonable
excuse.
Maximum penalty--40 penalty units.
195 Requirement for racing bookmaker to hire licensed clerk
(1) A racing bookmaker must not, at a licensed venue, employ someone else in
the conduct of the racing bookmaker's business unless the other person is a
racing bookmaker's clerk whose licence was granted by the control body
exercising control at the licensed venue at the time.
Maximum penalty--200 penalty units.
(2) A racing bookmaker that is a corporation does not commit an offence against
subsection (1) merely because a licensed executive officer of the corporation
carries on bookmaking for the corporation.
196 Requirement to hold licence as a racing bookmaker's clerk
(1) A person must not be employed by a racing bookmaker at a licensed venue in
the conduct of the racing bookmaker's business unless the person is--
(a) a racing bookmaker's clerk whose licence was granted by the
control body exercising control at the licensed venue at that time;
or
(b) if the racing bookmaker is a corporation--a licensed executive
officer of the corporation and is carrying on bookmaking for the
corporation.
Maximum penalty--200 penalty units.
(2) A racing bookmaker's clerk at a licensed venue must have the person's
licence with the person at all times the person is employed by a racing
bookmaker in the conduct of the racing bookmaker's business at the licensed
venue, unless the person has a reasonable excuse.
Maximum penalty--40 penalty units.
197 Requirement to produce licence
(1) A racing bookmaker who is an individual and who is, or appears to be,
carrying on bookmaking at a licensed venue must produce the person's licence to
an official of the control body that is exercising control at the licensed
venue if asked to do so by the official, unless the person has a reasonable
excuse.
Maximum penalty--40 penalty units.
(2) A licensed executive officer of a corporation that is a racing bookmaker
and who is, or appears to be, carrying on bookmaking for the corporation at a
licensed venue must produce the corporation's licence, or a certified copy of
the corporation's licence, to an official of the control body that is
exercising control at the licensed venue if asked to do so by the official,
unless the officer has a reasonable excuse.
Maximum penalty--40 penalty units.
(3) A racing bookmaker's clerk who is, or appears to be, employed in the
conduct of a racing bookmaker's business at a licensed venue must produce the
person's licence to an official of the control body that is exercising control
at the licensed venue if asked to do so by the official, unless the person has
a reasonable excuse.
Maximum penalty--40 penalty units.
198 Requirement for control body to ensure certain persons have current
licences
A control body must ensure that a person is not permitted, at any time, to
carry on bookmaking, or to be employed by a racing bookmaker in the conduct of
a racing bookmaker's business, at a race meeting held at a licensed venue when
it is under the control of the control body, unless the person has a current
appropriate licence with the person at the time.
199 Unlawful bookmaking by racing bookmaker
A racing bookmaker must not carry on bookmaking at a place unless--
(a) when the racing bookmaker carries on the bookmaking, the place is
a licensed venue under the control of the control body that licensed
the racing bookmaker; and
(b) at the place when the racing bookmaker is carrying on bookmaking-
-
(i) a race meeting is being held under this Act; and
(ii) betting with racing bookmakers may take place, under a
direction given by the control body's steward who is in
charge of the race meeting for the control body.
Maximum penalty--600 penalty units or 2 years imprisonment.
200 Requirements for betting by racing bookmakers
(1) This section applies to a racing bookmaker at a race meeting held at a
licensed venue (the first venue) when it is under the control of a control body
(the first control body).
(2) The racing bookmaker must not make a bet on a contest, contingency or event
other than--
(a) a race to be decided at the first venue; or
(b) a race to be decided at another race meeting at another licensed
venue controlled by a control body; or
(c) a sporting contingency declared, under section 255, by the first
control body as a declared sporting contingency; or
(d) a contest, contingency or event at a meeting for the racing of
animals held outside Queensland that is under the control of an
entity with which the first control body has entered into an
arrangement as mentioned in section 34(1)(h).
Maximum penalty--400 penalty units.
(3) Subject to section 249, the racing bookmaker must not make a bet with a
person who is not present at the first venue at the time the bet is made.
Maximum penalty--400 penalty units.
201 Applicant for racing bookmaker's licence to hold eligibility certificate
An applicant to a control body for a racing bookmaker's licence must be a
certificate holder.
202 What corporate licence must include
(1) This section applies to a racing bookmaker's licence for a corporation.
(2) The licence must state the name of each executive officer of the
corporation who may carry on bookmaking for the corporation under the licence.
(3) A control body must not, under subsection (2), state an executive officer's
name in the licence unless the executive officer--
(a) is identified under section 218(2) in the eligibility certificate
for the corporation; and
(b) is a person whom the control body believes has the experience and
knowledge necessary to properly carry on bookmaking for the
corporation under the licence.
203 Suitability of applicants for eligibility certificate
(1) This section applies to the gaming executive in deciding whether an
applicant for an eligibility certificate is a suitable person to hold an
eligibility certificate.
(2) The gaming executive may have regard to all of the following matters--
(a) the applicant's character or business reputation;
(b) the applicant's current financial position and financial
background;
(c) if the applicant has a business association with another entity--
(i) the other entity's character or business reputation;
and
(ii) the other entity's current financial position and
financial background;
(d) if the applicant is a corporation--the persons who have a
substantial holding in the applicant, or in a corporation that is a
holding company of the applicant.
204 Suitability of associates
(1) This section applies to the gaming executive in deciding whether a business
associate or executive associate of an applicant for an eligibility certificate
is a suitable person to be associated with the applicant.
(2) The gaming executive may have regard to all of the following matters--
(a) the associate's character or business reputation;
(b) the associate's current financial position and financial
background;
(c) if the associate has a business association with another entity--
(i) the other entity's character or business reputation;
and
(ii) the other entity's current financial position and
financial background;
(d) if the associate is a corporation--the persons who have a
substantial holding in the associate, or in a corporation that is a
holding company of the associate.
205 Other matters about suitability
Sections 203 and 204 do not limit the matters the gaming executive may have
regard to in deciding matters to which the sections relate.
206 Application for eligibility certificate
An application for an eligibility certificate may only be made by an adult or a
corporation.
207 Requirements about applications
(1) An application for an eligibility certificate must--
(a) be made to the gaming executive; and
(b) be in a gaming executive form.
(2) The application must be accompanied by--
(a) the application fee prescribed under a regulation; and
(b) if the applicant is an individual--a consent, in a gaming
executive form, signed by the individual for the following--
(i) the individual's fingerprints to be taken for the
gaming executive;
(ii) information about the individual to be obtained by the
gaming executive;
(iii) the individual's background to be investigated by the
gaming executive; and
(c) if the applicant is a corporation--a consent, in a gaming
executive form, signed by each person the applicant considers is a
business associate or executive associate of the corporation for the
following--
(i) if the associate is an individual--the associate's
fingerprints to be taken for the gaming executive;
(ii) information about the associate to be obtained by the
gaming executive;
(iii) the associate's background to be investigated by the
gaming executive; and
(d) if the applicant is a corporation--the corporation's agreement to
obtain a consent of the type mentioned in paragraph (c) for a person
whom the gaming executive believes to be a business associate or
executive associate of the corporation but whose consent does not
accompany the application.
208 Further information or documents to support application
(1) The gaming executive may, by notice given to an applicant for an
eligibility certificate, require the applicant to give the gaming executive
further information or a document about the application.
(2) The requirement must relate to information or a document that is necessary
and reasonable to help the gaming executive decide the application.
(3) The notice must state a reasonable time of at least 28 days within which
the requirement must be complied with.
(4) When making the requirement, the gaming executive must warn the applicant
that the application for the eligibility certificate will not be considered
further until the requirement is complied with unless the person has a
reasonable excuse for the failure to comply.
209 Taking fingerprints
(1) On receipt of an application for an eligibility certificate, and compliance
by the applicant with this part in relation to the application, the gaming
executive must--
(a) for an application by an individual--cause the fingerprints of
the applicant to be taken; and
(b) for an application by a corporation--cause the fingerprints to be
taken of each of the business associates and executive associates of
the applicant, who is an individual.
(2) The gaming executive may also cause the fingerprints to be taken of an
individual who has consented, as mentioned in section 207(2)(d), to the
individual's fingerprints being taken.
(3) However, if the gaming executive is satisfied an individual's fingerprints
are already held by the gaming executive, the gaming executive need not cause
the individual's fingerprints to be taken under this section.
210 Consideration of application
(1) The gaming executive must consider the application for an eligibility
certificate and either grant or refuse to grant the application.
(2) However, the gaming executive is not required to decide an application for
an eligibility certificate if--
(a) the gaming executive has given a person a notice under section
208 or 214 relating to the application requiring the person to give
the gaming executive information or a document as stated in the
section; and
(b) the person has failed, without reasonable excuse, to comply with
the requirement within the time stated in the notice.
211 Conditions for granting application for eligibility certificate
The gaming executive may grant an application for an eligibility certificate
only if the gaming executive is satisfied--
(a) the applicant is a suitable person to hold an eligibility
certificate; and
(b) each business associate and executive associate of the applicant
is a suitable person to be associated with the applicant.
212 Investigation of suitability of persons
(1) The gaming executive may investigate an applicant for an eligibility
certificate to help the gaming executive decide whether the applicant is a
suitable person to be a certificate holder.
(2) The gaming executive may investigate a business associate or executive
associate of an applicant for an eligibility certificate to help the gaming
executive decide whether the associate is a suitable person to be associated
with the applicant.
(3) The gaming executive may investigate an executive officer of the holder of
an eligibility certificate for the purpose of deciding whether to grant a
request made under section 222.
213 Criminal history reports for investigations
(1) If the gaming executive, in investigating a person under section 212, asks
the commissioner of the police service for a written report on the person's
criminal history, the commissioner must give the report to the gaming
executive.
(2) The report is to contain--
(a) relevant information in the commissioner's possession; and
(b) relevant information the commissioner can reasonably obtain by
asking officials administering police services in other Australian
jurisdictions; and
(c) other relevant information to which the commissioner has access.
214 Requirement of associate to give information or document for investigation
(1) In investigating a business associate or executive associate of an
applicant, the gaming executive may, by notice given to the associate, require
the associate to give the gaming executive information or a document the gaming
executive believes is relevant to the investigation.
(2) The notice must state a reasonable time of at least 28 days within which
the requirement must be complied with.
(3) When making the requirement, the gaming executive must--
(a) warn the associate that the application for the eligibility
certificate will not be considered further until the requirement is
complied with; and
(b) give a copy of the notice to the applicant.
215 Requirement of control body to give information or document for
investigation
(1) In investigating an applicant, or a business associate or executive
associate of an applicant, the gaming executive may, by notice given to a
control body, require the control body to give the gaming executive information
or a document the gaming executive believes is relevant to the investigation.
(2) The notice must state a reasonable time of at least 28 days within which
the requirement must be complied with.
(3) When making the requirement, the gaming executive must warn the control
body it is an offence to fail to comply with the requirement, unless the
control body has a reasonable excuse.
216 Failure by control body to give information or document for investigation
(1) A control body of which a requirement is made under section 215 must comply
with the requirement, unless the control body has a reasonable excuse.
Maximum penalty--200 penalty units.
(2) The control body does not commit an offence against this section if the
information or document sought by the gaming executive is not in fact relevant
to the investigation.
217 Decision on application
(1) If the gaming executive grants an application for an eligibility
certificate, the gaming executive must give the certificate to the applicant.
(2) If the gaming executive refuses to grant an application for an eligibility
certificate, the gaming executive must give the applicant an information notice
for the decision.
218 Form of eligibility certificate
(1) An eligibility certificate is to be in a gaming executive form.
(2) An eligibility certificate for a corporation must identify the
corporation's executive officers who have been investigated by the gaming
executive and have been found suitable to be associated with the certificate
holder.
219 Period for which eligibility certificate has effect
An eligibility certificate continues to have effect until the earliest of the
following happens--
(a) the certificate lapses under section 220(3);
(b) the certificate is cancelled under section 236;
(b) a surrender of the certificate takes effect under section 240.
220 Date by which certificate holder must apply for racing bookmaker's licence
(1) An eligibility certificate must state the date by which the certificate
holder stated in the certificate must apply for a licence as a racing
bookmaker.
(2) The date must be at least 2 months after the date the certificate is given
to the certificate holder.
(3) If the certificate holder does not apply to a control body for a racing
bookmaker's licence before the date stated in the certificate, the certificate
lapses at the end of the day stated in the certificate.
221 Corporate certificate holder must advise gaming executive of change in
executive officers or persons with substantial holdings
(1) This section applies to a certificate holder that is a corporation.
(2) Within 14 days after any of the following changes, the certificate holder
must give the gaming executive notice of the change--
(a) a change to the persons who are executive officers of the
corporation;
(b) a change to the persons who have substantial holdings in the
corporation, or a holding company of the corporation.
Maximum penalty for subsection (2)--100 penalty units.
222 Gaming executive may amend eligibility certificate to show change in
executive officers
(1) This section applies if a certificate holder has given the gaming executive
notice under section 221(2)(a) and asks the gaming executive to amend the
eligibility certificate to omit or include an executive officer as a person who
has been investigated by the gaming executive and been found suitable to be
associated with the certificate holder.
(2) The gaming executive may comply with the request.
(3) However, the gaming executive must not include the name of an executive
officer in the certificate unless the gaming executive has investigated the
executive officer and found the person to be suitable to be associated with the
certificate holder.
223 Audit program
(1) The gaming executive may approve an audit program for investigating
certificate holders, and the business associates and executive associates of
certificate holders.
(2) The gaming executive is responsible for ensuring that investigations of
certificate holders, and business associates and executive associates of
certificate holders, are conducted under the audit program.
(3) A person may be investigated under an audit program only if there has not
been an investigation of the same person within the preceding 3 years.
224 Investigations into suitability of certificate holder
(1) The gaming executive may investigate a certificate holder to find out
whether the certificate holder is a suitable person to hold, or to continue to
hold, an eligibility certificate.
(2) However, the gaming executive may investigate the certificate holder under
this section only if--
(a) the gaming executive suspects the certificate holder is not, or
is no longer, a suitable person to hold an eligibility certificate;
or
(b) the investigation is made under an audit program approved by the
gaming executive.
225 Investigation into suitability of associate of certificate holder
(1) The gaming executive may investigate a business associate or executive
associate of a certificate holder to decide whether the associate is a suitable
person to be, or to continue to be, associated with the certificate holder's
operations.
(2) However, the gaming executive may investigate a business associate or
executive associate of a certificate holder under this section only if--
(a) the gaming executive suspects the associate is not, or is no
longer, a suitable person to be associated with a certificate
holder's operations; or
(b) the investigation is part of an investigation under this division
of the certificate holder in relation to whom the associate is a
business associate or executive associate; or
(c) the investigation is made under an audit program approved by the
gaming executive; or
(d) the person--
(i) became a business associate or executive associate of
the certificate holder after the issue of the eligibility
certificate to the certificate holder; or
(ii) has not been investigated previously under an audit
program mentioned in paragraph (c).
226 Requirement to give information or document for investigation
(1) In investigating a certificate holder, or a business associate or executive
associate of a certificate holder, the gaming executive may, by notice given to
the person, require the person to give the gaming executive information or a
document the gaming executive believes relevant to the investigation.
(2) The notice must state a reasonable time of at least 28 days within which
the requirement must be complied with.
(3) When making the requirement, the gaming executive must warn the person it
is an offence to fail to comply with the requirement, unless the person has a
reasonable excuse.
227 Criminal history report for investigation
(1) If the gaming executive in investigating a person under section 224 or 225
asks the commissioner of the police service for a written report on the
person's criminal history, the commissioner must give the report to the gaming
executive.
(2) The report is to contain--
(a) relevant information in the commissioner's possession; and
(b) relevant information the commissioner can reasonably obtain by
asking officials administering police services in other Australian
jurisdictions; and
(c) other relevant information to which the commissioner has access.
228 Gaming executive may require control body to give information or document
for investigation
(1) As part of an investigation under this division, the gaming executive may,
by notice given to a control body, require the control body to give the gaming
executive information or a document the gaming executive believes is relevant
to the investigation.
(2) The notice must state a reasonable time of at least 28 days within which
the requirement must be complied with.
(3) When making the requirement, the gaming executive must warn the control
body it is an offence to fail to comply with the requirement, unless the
control body has a reasonable excuse.
229 Failure to give information or document for investigation
(1) A person of whom a requirement is made under section 226 or 228 must comply
with the requirement, unless the person has a reasonable excuse.
Maximum penalty--200 penalty units.
(2) If the person is an individual, it is a reasonable excuse for the person
not to comply with the requirement if complying with the requirement might tend
to incriminate the person.
(3) The person does not commit an offence against this section if the
information or document sought by the gaming executive is not in fact relevant
to the investigation.
230 Grounds for cancellation
(1) A ground for cancelling an eligibility certificate exists if the
certificate holder--
(a) is not a suitable person to hold an eligibility certificate; or
(b) is convicted for an offence--
(i) under this Act; or
(ii) the repealed Act; or
(iii) a law of another State, that is prescribed under a
regulation as a law about racing or betting; or
(c) is convicted of an indictable offence under another Act or law;
or
(d) contravenes a provision of this Act, whether or not a penalty is
provided for the provision; or
(e) is affected by bankruptcy action.
(2) Also, a ground for cancelling an eligibility certificate exists if--
(a) a racing bookmaker's licence held by the certificate holder is
cancelled by the control body for the licence concerned; or
(b) the eligibility certificate was granted because of a materially
false or misleading representation or declaration; or
(c) a business associate or executive associate of the certificate
holder is not a suitable person to be associated with a certificate
holder.
(3) There are no other grounds for cancelling an eligibility certificate other
than the grounds mentioned in subsections (1) and (2).
231 Show cause notice
(1) This section applies if the gaming executive believes--
(a) a ground exists to cancel an eligibility certificate; and
(b) the act, omission or other thing forming the ground is of a
serious and fundamental nature; and
(c) the public interest may be affected in an adverse and material
way.
(2) The gaming executive must give the certificate holder a notice (a show
cause notice) stating the following--
(a) the action (the proposed action) the gaming executive proposes
taking under this division;
(b) the grounds for the proposed action;
(c) an outline of the facts and circumstances forming the basis for
the grounds;
(d) an invitation to the certificate holder to show within a stated
period (the show cause period) why the proposed action should not be
taken.
(3) The show cause period must be a period ending at least 28 days after the
day the show cause notice is given to the certificate holder.
(4) The certificate holder may make written representations about the show
cause notice to the gaming executive in the show cause period.
232 Involvement of control bodies in show cause process
(1) The gaming executive must immediately give a copy of the show cause notice
to each control body.
(2) A control body may make written representations about the notice to the
gaming executive in the show cause period.
233 Consideration of representations
The gaming executive must consider all written representations (the accepted
representations) made in the show cause period by--
(a) the certificate holder; or
(b) a control body.
234 Ending show cause process without further action
(1) This section applies if, after considering the accepted representations for
the show cause notice, the gaming executive believes no ground exists to cancel
the eligibility certificate.
(2) The gaming executive must not take any further action about the show cause
notice.
(3) Notice that no further action about the show cause notice is to be taken
must be given by the gaming executive to--
(a) the certificate holder; and
(b) each control body.
235 Censuring certificate holder
(1) This section applies if, after considering the accepted representations for
the show cause notice, the gaming executive--
(a) still believes a ground exists to cancel the eligibility
certificate; and
(b) does not believe cancellation of the certificate is warranted.
(2) This section also applies if the gaming executive has not given a show
cause notice to the certificate holder but believes--
(a) a ground exists to cancel the certificate; and
(b) the giving of a show cause notice is not warranted.
(3) The gaming executive may censure the holder for a matter relating to the
ground for cancellation.
(4) The censure may be effected only by the gaming executive giving the
certificate holder an information notice about the decision to censure the
holder.
236 Cancellation of eligibility certificate
(1) The gaming executive may cancel the eligibility certificate if, after
considering the accepted representations for the show cause notice, the gaming
executive still believes--
(a) a ground exists to cancel the eligibility certificate; and
(b) the act, omission or other thing constituting the ground is of a
serious and fundamental nature; and
(c) the public interest may be affected in an adverse and material
way.
(2) Also, the gaming executive may cancel the eligibility certificate if there
are no accepted representations for the show cause notice.
(3) The gaming executive must immediately give an information notice about the
decision to cancel to the certificate holder.
(4) The information notice must include--
(a) a direction to the certificate holder to return the eligibility
certificate to the gaming executive within 14 days after the
cancellation; and
(b) a warning to the certificate holder that it is an offence to fail
to comply with the direction, unless the certificate holder has a
reasonable excuse.
237 Return of cancelled eligibility certificate
(1) A person must comply with a direction to the person in an information
notice, as mentioned in section 236(4)(b), to return an eligibility certificate
within 14 days after the cancellation, unless the person has a reasonable
excuse.
Maximum penalty--40 penalty units.
(2) If a person is unable to comply with subsection (1) because the person's
eligibility certificate has been lost or destroyed, the person must, within 14
days after the cancellation, give the gaming executive a statutory declaration
stating details of the loss or destruction.
Maximum penalty--40 penalty units.
238 Automatic cancellation of all licences granted to racing bookmakers
(1) This section applies if a person's eligibility certificate is cancelled
under section 236 and the person is the holder of a racing bookmaker's licence
granted by a control body.
(2) On the cancellation of the eligibility certificate, the licence granted by
the control body is cancelled.
(3) Subsection (2) has effect despite the control body's policies or rules of
racing.
239 Notice to control bodies of decisions
(1) This section applies if the gaming executive decides to--
(a) censure the certificate holder under section 235; or
(b) cancel an eligibility certificate under section 236.
(2) After making the decision, the gaming executive must give notice about the
decision to each control body.
240 Surrender of eligibility certificate
(1) A certificate holder may surrender the holder's eligibility certificate by
notice given to the gaming executive.
(2) The surrender of an eligibility certificate takes effect--
(a) on the day the notice is given to the gaming executive; or
(b) if a later day of effect is stated in the notice--on the later
day.
(3) The gaming executive must give notice about the surrender to each control
body.
241 Destruction of fingerprints
(1) After the gaming executive refuses to grant an application for an
eligibility certificate or an eligibility certificate is surrendered or
cancelled, the gaming executive must destroy the fingerprints of any individual
who is--
(a) the applicant or certificate holder; or
(b) a business associate or executive associate of the applicant or
certificate holder.
(2) Also, if the gaming executive is satisfied an individual who was a business
associate or executive associate of an applicant or certificate holder is no
longer a business associate or executive associate of the applicant or
certificate holder, the gaming executive must destroy the individual's
fingerprints.
242 Review by QCAT of decisions relating to eligibility certificates
(1) This section applies if the gaming executive makes a decision (a gaming
executive's decision)--
(a) refusing an application for an eligibility certificate; or
(b) cancelling an eligibility certificate; or
(c) censuring a certificate holder.
(2) The applicant or certificate holder may apply, as provided under the QCAT
Act, to the tribunal for a review of the gaming executive's decision.
249 When a racing bookmaker may make a bet with a person who is not present at
a licensed venue
(1) At a race meeting, a racing bookmaker may make a bet with a person (the
bettor) who is not present at the licensed venue where the meeting is being
held if--
(a) the bet is made through a system for bookmaking by telephone,
approved by the control body exercising control of the venue at which
the race meeting is held; and
(b) the bettor's consent to recording the betting transaction is
obtained before the transaction starts; and
(c) the details of the bet are confirmed with the bettor before the
betting transaction ends, including, for example, the name of the
bettor and the amount and type of the bet.
(2) A control body may approve a system for bookmaking by telephone if it is
satisfied that--
(a) all telephone calls on the system will be recorded; and
(b) it can adequately supervise the system and its use.
250 Racing bookmakers to maintain policy of insurance or bond to indemnify
bettors against default
(1) For each code of racing for which the racing bookmaker is licensed, the
racing bookmaker must have an insurance policy or bond, acceptable to the
control body responsible for managing the code.
(2) Without limiting subsection (1), an insurance policy or bond must--
(a) indemnify persons who bet with the racing bookmaker for amounts
payable under the control body's rules of racing to the persons by
the racing bookmaker; and
(b) include conditions required by the control body.
251 Control bodies to ensure racing bookmakers have policies of insurance or
bond
(1) A control body must not license a person as a racing bookmaker, or renew a
racing bookmaker's licence, unless the person or racing bookmaker has a policy
of insurance or bond as mentioned in section 250.
Maximum penalty--100 penalty units.
(2) If a racing bookmaker does not have a policy of insurance or bond as
mentioned in section 250, the control body must immediately suspend the racing
bookmaker's licence until it is satisfied the racing bookmaker has the policy
or bond.
(3) Each control body may make enquires, and do other acts, as it believes
necessary to find out if a racing bookmaker has a policy of insurance or bond
as mentioned in section 250.
252 Prohibition of betting by racing bookmaker with minor
(1) A racing bookmaker, or an agent or employee of a racing bookmaker, must
not--
(a) bet with a minor; or
(b) bet with a person who the racing bookmaker, agent or employee
knows is betting for a minor.
Maximum penalty--400 penalty units.
(2) It is a defence to a charge for an offence against subsection (1) for the
defendant to prove that at the time of the offence the defendant honestly and
reasonably believed that the person whose age is material to the offence was an
adult.
(3) A minor must not bet with a racing bookmaker or an agent or employee of a
racing bookmaker.
Maximum penalty--400 penalty units.
(4) A person must not, for a minor, bet with a racing bookmaker or an agent or
employee of a racing bookmaker.
Maximum penalty--400 penalty units.
253 Lawful bet by racing bookmaker is taken to be a valid contract
(1) This section applies if a racing bookmaker at a licensed venue makes a bet
with another person as part of the lawful engagement of the racing bookmaker in
bookmaking.
(2) The racing bookmaker is taken to have entered into a valid contract with
the other person relating to the bet and may sue or be sued on the contract.
254 Payment and settlement of bets
(1) This section applies to the payment and settlement of a bet that was
lawfully made by and with a racing bookmaker at a licensed venue.
(2) A regulation may approve a place for the payment and settlement of the bet.
(3) For the payment and settlement of the bet, that place is not an illegal
betting place.
255 Bookmaking on certain declared sporting contingencies
(1) A control body may declare a sporting contingency to be a declared sporting
contingency for which racing bookmakers licensed by the control body may carry
on bookmaking at a licensed venue, at a time when a race meeting is being held
at the venue under the control of the control body.
(2) Before a control body declares a sporting contingency to be a declared
sporting contingency, the control body must consider all of the following--
(a) whether declaring the sporting contingency brings, or has the
potential to bring, its code of racing, or racing bookmakers licensed
by it, into disrepute;
(b) whether declaring the sporting contingency will erode public
confidence in the Queensland racing industry;
(c) whether a decision about the result of the sporting contingency
can be relied on by the control body, racing bookmakers and the
public.
(3) Notice about the declaration of a sporting contingency by a control body
must be given by the control body--
(a) by publication in the control body's racing calendar; or
(b) by making the notice available on its website; or
(c) by giving each racing bookmaker licensed by the control body a
copy of the declaration.
(4) A racing bookmaker must not carry on bookmaking on a sporting contingency,
other than a race, unless--
(a) the sporting contingency has been declared, under subsection (1),
by the control body that licensed the racing bookmaker to be a
declared sporting contingency; and
(b) the bookmaking is carried on--
(i) at a licensed venue licensed by that control body; and
(ii) at a time when a race meeting is being held at the
venue, under the control of the control body.
Maximum penalty for subsection (4)--400 penalty units.
256 Racing bookmaker's agent during certain periods
(1) This section applies if a racing bookmaker applies to the control body that
licensed the racing bookmaker, in a control body form, to authorise a person to
act as the racing bookmaker's agent by carrying on bookmaking as the racing
bookmaker for a period.
(2) The control body may authorise the person to act as the racing bookmaker's
agent and carry on bookmaking as the racing bookmaker for the period only if--
(a) the racing bookmaker--
(i) is temporarily incapacitated through illness or
accident; or
(ii) is on vacation for a period that, together with any
previous period in which the racing bookmaker was on
vacation, does not exceed 12 weeks in any year; or
(iii) is temporarily unable, for reasons acceptable to the
control body, to carry on bookmaking for a period not
exceeding 12 weeks; and
(b) the person nominated in the application as the racing bookmaker's
agent is a racing bookmaker's clerk.
(3) The application must be signed by the racing bookmaker.
(4) However, if a racing bookmaker is unable to carry on bookmaking for a
period due to incapacity caused by illness or accident, the control body may
waive the requirement that the application be signed by the racing bookmaker if
it is satisfied the person who signed and lodged the application is acting for
the racing bookmaker.
(5) For this Act, the person authorised as the racing bookmaker's agent is
taken to be the racing bookmaker during the period stated in the authority and
this Act applies to the racing bookmaker's agent as if the agent were the
racing bookmaker.
(6) The racing bookmaker's agent does not need to hold an eligibility
certificate to be authorised as the racing bookmaker's agent.
257 Control body to give notice of certain actions about racing bookmakers to
gaming executive
(1) If a control body licenses a certificate holder as a racing bookmaker, the
control body must give notice about the licensing to the gaming executive
within 14 days of the date of the licence.
(2) If a control body refuses to license a certificate holder as a racing
bookmaker, the control body must give notice about the refusal to the gaming
executive within 14 days of the date of the refusal.
(3) If a control body exercises disciplinary action relating to a racing
bookmaker's licence, the control body must give notice about the disciplinary
action to the gaming executive and each other control body within 14 days of
the date of the action.
(4) The notice under subsection (2) or (3) must state the control body's
reasons for the refusal or disciplinary action.
258 Gaming executive may give information to control body about racing
bookmaker or applicant for eligibility certificate
(1) This section applies if, after an investigation under part 3 or otherwise,
the gaming executive has information about a racing bookmaker, or applicant for
an eligibility certificate, that the gaming executive believes is appropriate
to give to a control body that licenses the person in any capacity.
(2) The gaming executive may give the information to the control body.
259 Delegation by gaming executive
The gaming executive may delegate the gaming executive's powers under this
chapter to an appropriately qualified public service employee.
260 Approval of forms for ch 6
The gaming executive may approve forms for this chapter.
261 Appointment and qualifications
(1) The chief executive may appoint a person as either or both of the
following--
(a) a compliance officer;
(b) an integrity officer.
(2) A reference in this Act to an authorised officer is a reference to a
compliance officer or an integrity officer.
(3) However, the chief executive may appoint a person as an authorised officer
only if--
(a) the person is--
(i) a public service employee; or
(ii) a person, or a member of a class of persons,
prescribed under a regulation; and
(b) the chief executive is satisfied the person is appropriately
qualified to exercise the powers of a compliance officer or an
integrity officer.
(4) Subsection (3) does not limit the matters the chief executive may consider
when deciding whether to appoint a person as an authorised officer.
262 Functions of authorised officers
(1) The main function of an authorised officer is to investigate and enforce
compliance with this Act.
(2) A compliance officer's function to investigate compliance with this Act
includes--
(a) monitoring each control body's activities for its code of racing
about licensed clubs, participants and venues; and
(b) auditing each control body to assess whether the control body is
complying with this Act, other than in relation to the welfare of
licensed animals.
(3) An integrity officer's function to investigate compliance with this Act
includes--
(a) monitoring each control body's activities for its code of racing
relating to the welfare of licensed animals; and
(b) auditing each control body to assess whether the control body is
complying with this Act in relation to the welfare of licensed
animals; and
(c) auditing each accredited facility to assess whether it is
complying with conditions that apply to it under this Act.
263 Appointment conditions and limit on powers
(1) An authorised officer holds office on any conditions stated in--
(a) the authorised officer's instrument of appointment; or
(b) a signed notice given to the authorised officer; or
(c) a regulation.
(2) The instrument of appointment, a signed notice given to the authorised
officer or a regulation may limit the officer's functions or powers under this
Act.
(3) In this section--
signed notice means a notice signed by the chief executive.
264 Issue of identity card to each authorised officer
(1) The chief executive must issue an identity card to each authorised officer.
(2) The identity card must--
(a) contain a recent photo of the authorised officer; and
(b) contain a copy of the authorised officer's signature; and
(c) identify the type of authorised officer the person is appointed
as under section 261(1); and
(d) state an expiry date for the card.
(3) This section does not prevent the issuing of a single identity card to a
person for this Act and other purposes.
265 Production or display of identity card
(1) In exercising a power under this Act in relation to another person, an
authorised officer must--
(a) produce the authorised officer's identity card for the person's
inspection before exercising the power; or
(b) have the identity card displayed so that it is clearly visible to
the person when exercising the power.
(2) However, if it is not practicable to comply with subsection (1), the
authorised officer must produce the identity card for the person's inspection
at the first reasonable opportunity.
(3) For subsection (1), an authorised officer does not exercise a power in
relation to a person only because the authorised officer has entered a place as
mentioned in section 270(1)(b) or (2).
266 When authorised officer ceases to hold office
(1) An authorised officer ceases to hold office if any of the following
happens--
(a) the term of office stated in a condition of office ends;
(b) under another condition of office, the authorised officer ceases
to hold office;
(c) the authorised officer's resignation under section 267 takes
effect.
(2) Subsection (1) does not limit the ways an authorised officer may cease to
hold office.
(3) In this section--
condition of office means a condition on which the authorised officer holds
office.
267 Resignation
(1) An authorised officer may resign by signed notice given to the chief
executive.
(2) However, if holding office as an authorised officer is a condition of the
authorised officer holding another office, the authorised officer may not
resign as an authorised officer without resigning from the other office.
268 Return of identity card
A person who ceases to be an authorised officer must return the person's
identity card to the chief executive within 14 days after ceasing to be an
authorised officer, unless the person has a reasonable excuse.
Maximum penalty--40 penalty units.
269 Application of div 1
This division applies to a place, other than a vehicle.
270 Power of entry
(1) An authorised officer may enter a place if--
(a) its occupier consents to the entry; or
(b) it is a public place and the entry is made when it is open to the
public; or
(c) it is a place of business and the entry is made when the place
is--
(i) open for carrying on activities for which the place is
a place of business; or
(ii) otherwise open for entry; or
(d) the entry is authorised by a warrant.
(2) For the purpose of asking the occupier of a place for consent to enter, an
authorised officer may, without the occupier's consent or a warrant--
(a) enter land around premises at the place to an extent that is
reasonable to contact the occupier; or
(b) enter part of the place the authorised officer believes members
of the public ordinarily are allowed to enter when they wish to
contact the occupier.
(3) In this section--
place of business means any of the following places but does not include a part
of a place where an individual resides--
(a) a place used by a control body to conduct activities in relation
to managing its code of racing;
(b) a place used by a licence holder to conduct activities for which
the licence holder is licensed or otherwise holds the licence;
(c) a place that is an accredited facility or secondary facility.
271 Procedure for entry with consent
(1) This section applies if an authorised officer intends to ask an occupier of
a place to consent to the authorised officer or another authorised officer
entering the place under section 270(1)(a).
(2) Before asking for the consent, the authorised officer must tell the
occupier--
(a) the purpose of the entry; and
(b) that the occupier is not required to consent.
(3) If the consent is given, the authorised officer may ask the occupier to
sign an acknowledgment of the consent.
(4) The acknowledgment must state--
(a) the occupier has been told--
(i) the purpose of the entry; and
(ii) that the occupier is not required to consent; and
(b) the purpose of the entry; and
(c) the occupier gives the authorised officer consent to enter the
place and exercise powers under this part; and
(d) the time and date the consent was given.
(5) If the occupier signs the acknowledgment, the authorised officer must
immediately give a copy to the occupier.
(6) If--
(a) an issue arises in a proceeding about whether the occupier
consented to the entry; and
(b) an acknowledgment complying with subsection (4) for the entry is
not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the entry to
prove the occupier consented.
272 Other entries without warrant
(1) This section applies if--
(a) an authorised officer is intending to enter a place under section
270(1)(c); and
(b) the occupier of the place is present at the place.
(2) Before entering the place, the authorised officer must do or make a
reasonable attempt to do the following--
(a) comply with section 265(1);
(b) tell the occupier the purpose of the entry;
(c) tell the occupier the authorised officer is permitted under this
Act to enter the place without the occupier's consent or a warrant.
273 Application for warrant
(1) An authorised officer may apply to a magistrate for a warrant for a place.
(2) The application must be sworn and state the grounds on which the warrant is
sought.
(3) The magistrate may refuse to consider the application until the authorised
officer gives the magistrate all of the information the magistrate requires
about the application in the way the magistrate requires.
Example for subsection (3)--
The magistrate may require additional information supporting the
application to be given by statutory declaration.
274 Issue of warrant
(1) A magistrate may issue a warrant only if the magistrate is satisfied there
are reasonable grounds for suspecting--
(a) there is a particular thing or activity (the evidence) that may
provide evidence of an offence against this Act; or
(b) the evidence is at the place or, within the next 7 days, may be
at the place.
(2) The warrant must state--
(a) that a named authorised officer may, with necessary and
reasonable help and force--
(i) enter the place and any other place necessary for
entry; and
(ii) exercise the authorised officer's powers under this
part; and
(b) the offence for which the warrant is sought; and
(c) the evidence that may be seized under the warrant; and
(d) the hours of the day or night when the place may be entered; and
(e) the date, within 14 days after the warrant's issue, the warrant
ends.
275 Special warrants
(1) An authorised officer may apply for a warrant (a special warrant) by
electronic communication, fax, phone, radio or another form of communication if
the authorised officer believes it necessary because of--
(a) urgent circumstances; or
(b) other special circumstances, including, for example, the
authorised officer's remote location.
(2) Before applying for the special warrant, the authorised officer must
prepare an application stating the grounds on which the warrant is sought.
(3) The authorised officer may apply for the warrant before the application is
sworn.
(4) After issuing the special warrant, the magistrate must immediately
electronically communicate or fax a copy (a facsimile warrant) to the
authorised officer if it is reasonably practicable to do so.
(5) If it is not reasonably practicable to electronically communicate or fax a
copy to the authorised officer--
(a) the magistrate must tell the officer--
(i) what the terms of the special warrant are; and
(ii) the date and time the special warrant is issued; and
(b) the authorised officer must complete a form of warrant (a warrant
form) and write on it--
(i) the magistrate's name; and
(ii) the date and time the magistrate issued the special
warrant; and
(iii) the terms of the special warrant.
(6) The facsimile warrant, or the warrant form properly completed by the
authorised officer, authorises the entry and the exercise of the other powers
stated in the special warrant issued.
(7) The authorised officer must, at the first reasonable opportunity, send the
magistrate--
(a) the sworn application; and
(b) if the authorised officer completed a warrant form--the completed
warrant form.
(8) On receiving the documents, the magistrate must attach them to the special
warrant.
(9) If--
(a) an issue arises in a proceeding about whether an exercise of a
power was authorised by a special warrant; and
(b) the warrant is not produced in evidence;
the onus of proof is on the person relying on the lawfulness of the exercise of
the power to prove a special warrant authorised the exercise of the power.
276 Warrants--procedure before entry
(1) This section applies if--
(a) an authorised officer named in a warrant issued under this
division for a place is intending to enter the place under the
warrant; and
(b) a person is present at the place.
(2) Before entering the place, the authorised officer must do or make a
reasonable attempt to do the following things--
(a) comply with section 265(1);
(b) give the person a copy of--
(i) the warrant; or
(ii) if the entry is authorised by a facsimile warrant or
warrant form mentioned in section 275(6)--the facsimile
warrant or warrant form;
(c) tell the person the authorised officer is permitted by the
warrant to enter the place;
(d) give the person an opportunity to allow the officer immediate
entry to the place without using force.
(3) However, the authorised officer need not comply with subsection (2) if the
authorised officer believes immediate entry to the place is required to ensure
the effective execution of the warrant is not frustrated.
277 Application of div 2
This division applies to vehicles at or about a place--
(a) used by a control body to conduct activities in relation to
managing its code of racing; or
(b) used by a licence holder to conduct activities for which the
licence holder is licensed.
278 Power of entry
(1) An integrity officer may enter a vehicle if the integrity officer suspects-
-
(a) the vehicle is being, or has been, used in relation to the
commission of an interference offence; or
(b) the vehicle, or an animal or thing in the vehicle, may provide
evidence of the commission of an interference offence.
(2) In this section--
interference offence means an offence against section 317, 318, 319 or 327.
279 Procedure before entry
(1) This section applies if an integrity officer intends to enter a vehicle
under section 278.
(2) If a person is present at the vehicle, the integrity officer must, before
entering the vehicle, do or make a reasonable attempt to do the following
things--
(a) comply with section 265(1);
(b) tell the person the purpose of the entry;
(c) ask for the person's consent to the entry;
(d) tell the person the integrity officer is permitted under this Act
to enter the vehicle without consent;
(e) if the person is not the owner of the vehicle--advise the owner
of the vehicle of the integrity officer's intention to enter the
vehicle.
(3) If a person is not present at the vehicle, the integrity officer must,
before entering the vehicle--
(a) take reasonable steps to find the owner of the vehicle; and
(b) comply with subsection (2)(a) to (d) for the owner.
(4) Subsections (2)(e) and (3) do not require the integrity officer to take a
step the integrity officer believes may frustrate or otherwise hinder an
investigation under this Act or the purpose of the intended entry.
(5) In this section--
owner, of a vehicle, includes a person who appears to be in control of the
vehicle.
280 Power to stop vehicle that may be entered
If a vehicle that an integrity officer may enter under this division is moving
or about to move, the integrity officer may signal the person in control of the
vehicle to stop, or not to move, the vehicle.
281 Failure to obey signal
(1) A person must not disobey a signal given under section 280, unless the
person has a reasonable excuse.
Maximum penalty--200 penalty units.
(2) It is a reasonable excuse for a person to disobey the signal if--
(a) to immediately obey the signal would endanger the person or
someone else; and
(b) the person obeys the signal as soon as it is practicable to obey
it.
282 Other powers relating to vehicles that may be entered
(1) If an integrity officer may enter a vehicle under this division, the
integrity officer may require the person in control of the vehicle--
(a) to give the integrity officer reasonable help to enter the
vehicle; or
(b) to bring the vehicle to a stated place and remain in control of
the vehicle for a reasonable period to allow the integrity officer to
exercise a power under this part.
(2) When making a requirement under subsection (1), the integrity officer must
warn the person it is an offence to fail to comply with the requirement unless
the person has a reasonable excuse.
(3) A person must not fail to comply with a requirement under subsection (1),
unless the person has a reasonable excuse.
Maximum penalty for subsection (3)--200 penalty units.
283 Application of div 3
(1) This division applies to an authorised officer who, under division 1 or 2,
may enter or has entered a place.
(2) However, if an authorised officer, under section 270(2) enters a place to
ask the occupier's consent to enter premises, this division applies to the
authorised officer only if the consent is given or the entry is otherwise
authorised.
284 General powers of compliance officer after entering places
For performing a compliance officer's function under this Act, a compliance
officer may do any of the following--
(a) search any part of the place;
(b) inspect, film, photograph, videotape or otherwise record an image
of an animal, document or other thing at the place;
(c) take an extract from, or copy, a document at the place;
(d) take into the place the equipment, materials or persons the
compliance officer reasonably requires for exercising a power under
this part.
285 General powers of integrity officer after entering places
(1) For performing an integrity officer's function under this Act, an integrity
officer may do any of the following--
(a) search any part of the place;
(b) open, using reasonable force, a stable, kennel or structure
confining or containing an animal or other thing to examine the
structure, animal or other thing;
(c) inspect, film, photograph, videotape or otherwise record an image
of an animal, document or other thing at the place;
(d) take, or authorise another person to take, for analysis--
(i) a sample relating to a licensed animal at the place; or
(ii) a thing, or a sample of or from a thing, attached to
or used on a licensed animal at the place; or
Example for subparagraph (ii)--
1 a tongue tie from a horse
2 medication on or under bandages on a greyhound
(iii) another thing, or a sample of or from the thing, at
the place;
(e) mark, tag or otherwise identify a licensed animal at the place;
(f) take an extract from, or copy, a document at the place;
(g) take into the place the equipment, materials or persons the
officer reasonably requires for exercising a power under this part;
(h) take a necessary step to allow a power under paragraphs (a) to
(g) to be exercised.
Example of a step for paragraph (h)--
moving a licensed animal at the place to allow a sample to be taken
from the animal
(2) However, if the integrity officer does not believe that he or she is
appropriately qualified to take a sample or thing for analysis under subsection
(1)(d), the integrity officer must arrange for an appropriately qualified
person (a qualified person) to take the sample or thing for the integrity
officer.
(3) If an integrity officer or qualified person takes a sample or thing for
analysis under subsection (1)(d), the integrity officer--
(a) must comply with section 144 or ensure that section is complied
with by the qualified person; and
(b) give a receipt for the sample or thing to the person in charge of
the animal or place from which it was taken; and
(c) for a sample or thing with an intrinsic value--at the end of 6
months after the sample or thing was taken, return it to the person
who appears to be the owner of it or the person in charge of the
animal or place from which it was taken.
(4) However, if for any reason it is not practicable to comply with subsection
(3)(b), the integrity officer must leave the receipt at the place in a
conspicuous position and in a reasonably secure way.
(5) The receipt mentioned in subsection (3)(b) must be in the approved form.
286 Power to require reasonable help or information
(1) An authorised officer may require the occupier of the place, or a person at
the place, to give the officer--
(a) reasonable help to exercise a power under this part; or
(b) information to help the authorised officer ascertain whether this
Act is being complied with.
(2) When making a requirement under subsection (1), the authorised officer must
warn the person it is an offence to fail to comply with the requirement unless
the person has a reasonable excuse.
(3) A person required to give reasonable help under subsection (1)(a), or give
information under subsection (1)(b), must comply with the requirement, unless
the person has a reasonable excuse.
Maximum penalty--200 penalty units.
(4) If the person is an individual, it is a reasonable excuse for the person
not to comply with the requirement if complying with the requirement might tend
to incriminate the person.
287 Definition for div 4
In this division--
thing includes a dead animal but does not include a live animal.
288 Power to seize evidence--entry without consent or warrant
An authorised officer who enters a place under this part without consent and
without a warrant may seize a thing at the place only if the authorised officer
believes--
(a) the thing is evidence of an offence against this Act; and
(b) the seizure is necessary to prevent the thing being--
(i) destroyed, hidden or lost; or
(ii) used to commit, continue or repeat, an offence against
this Act.
289 Power to seize evidence--entry with consent or warrant
(1) This section applies if an authorised officer enters a place under this
part with the necessary consent of a person or with a warrant.
(2) If the authorised officer enters a place with the necessary consent, the
authorised officer may seize a thing at the place if--
(a) the authorised officer believes the thing is evidence of an
offence against this Act; and
(b) seizure of the thing is consistent with the purpose of entry as
told to the person when asking for the person's consent.
(3) If the authorised officer enters the place with a warrant, the authorised
officer may seize a thing that is the evidence for which the warrant was
issued.
(4) The authorised officer may seize anything else at the place if the
authorised officer believes--
(a) the thing is evidence of an offence against this Act; and
(b) the seizure is necessary to prevent the thing being--
(i) destroyed, hidden or lost; or
(ii) used to commit, continue or repeat an offence against
this Act.
290 Securing seized things
Having seized a thing, an authorised officer may--
(a) move the thing from the place where it was seized (the place of
seizure); or
(b) leave the thing at the place of seizure but take reasonable
action to restrict access to it; or
Examples of restricting access to a thing--
1 marking, sealing, tagging or otherwise identifying the thing to
show access to it is restricted
2 sealing the entrance to a room where the thing is situated and
marking the entrance to show access to the thing is restricted
(c) for equipment--make it inoperable.
Example of making equipment inoperable--
dismantling equipment or removing a component of equipment without
which the equipment is not capable of being used
291 Offence to tamper with seized thing
(1) If an authorised officer restricts access to a seized thing, a person must
not tamper, or attempt to tamper, with the thing, or something restricting
access to the thing, without an authorised officer's approval.
Maximum penalty--400 penalty units.
(2) If an authorised officer makes seized equipment inoperable, a person must
not tamper, or attempt to tamper, with the equipment, without an authorised
officer's approval.
Maximum penalty--400 penalty units.
292 Powers to support seizure
(1) To enable a thing to be seized, an authorised officer may require the
person in control of it--
(a) to take it to a stated reasonable place by a stated reasonable
time; and
(b) if necessary, to remain in control of it at the stated place for
a stated reasonable period.
(2) The requirement--
(a) must be made by notice given to the person; or
(b) if for any reason it is not practicable to give a notice to the
person--may be made orally and confirmed by notice given to the
person as soon as it is practicable.
(3) A further requirement may be made under this section about the thing if it
is necessary and reasonable to make the further requirement.
(4) A person of whom a requirement is made under subsection (1) or (3) must
comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty--300 penalty units.
(5) The notices mentioned in subsection (2) must be in the approved form.
293 Receipt for seized thing
(1) After an authorised officer seizes a thing, the authorised officer must
give a receipt for it to the person from whom the thing was seized.
(2) However, if for any reason it is not practicable to comply with subsection
(1), the authorised officer must leave the receipt at the place of seizure in a
conspicuous position and in a reasonably secure way.
(3) The receipt must describe generally each thing seized and its condition.
(4) This section does not apply to a thing if it would be impracticable or
unreasonable to expect the authorised officer to account for the thing given
its condition, nature and value.
294 Return of seized thing
(1) This section applies to a seized thing if--
(a) the thing has some intrinsic value; and
(b) the thing has not been forfeited under division 5.
(2) The authorised officer must return the thing to its owner--
(a) at the end of 6 months after the seizure; or
(b) if a proceeding for an offence involving the thing is started
within the 6 months--at the end of the proceeding and any appeal
relating to the proceeding.
(3) Despite subsection (2), the authorised officer must promptly return a thing
seized as evidence if the authorised officer stops being satisfied--
(a) its continued retention as evidence is necessary; and
(b) its continued retention is necessary to prevent the thing being
used to continue, or repeat, an offence.
295 Access to seized thing
(1) Until a seized thing is forfeited or returned, an authorised officer must
allow its owner to inspect it and, if it is a document, to copy it.
(2) Subsection (1) does not apply if it is impracticable or would be
unreasonable to allow the inspection or copying.
296 Forfeiture by authorised officer
(1) A sample or thing taken for analysis under section 285(1)(d), or a thing
seized under division 4, is forfeited to the State if the authorised officer
who took, or arranged the taking of, the sample or thing or seized the thing--
(a) after making reasonable efforts, can not return it to its owner;
or
(b) after making reasonable inquiries, can not find its owner.
(2) For subsection (1), the authorised officer is not required to--
(a) make efforts if it would be unreasonable to make efforts to
return the sample or thing to its owner; or
(b) make inquiries if it would be unreasonable to make inquiries to
find the owner.
Example for paragraph (b)--
The owner of the sample or thing has migrated to another country.
(3) Regard must be had to the sample's or thing's condition, nature and value
in deciding--
(a) whether it is reasonable to make efforts or inquiries; and
(b) if efforts or inquiries are made--what efforts or inquiries,
including the period over which they are made, are reasonable.
(4) In this section--
owner, for a sample or a thing taken for analysis, means the person in charge
of the animal, thing or place from which the sample or thing was taken.
297 Forfeiture on conviction
(1) On conviction of a person for an offence against this Act, the court may
order the forfeiture to the State of anything owned by the person and seized
under division 4.
(2) The court may make any order to enforce the forfeiture it considers
appropriate.
(3) This section does not limit the court's powers under the Penalties and
Sentences Act 1992 or another law.
298 Dealing with forfeited sample or thing
(1) On forfeiture of a sample or thing to the State, the sample or thing
becomes the State's property and may be dealt with by the chief executive in a
way the chief executive believes is appropriate.
(2) Without limiting subsection (1), the chief executive may destroy or dispose
of the sample or thing.
299 Power to require name and address
(1) An authorised officer may require a person to state the person's name and
residential or business address if the authorised officer--
(a) finds the person committing an offence against this Act; or
(b) finds the person in circumstances that lead, or has information
that leads, the authorised officer to suspect the person has just
committed an offence against this Act.
(2) When making the requirement, the authorised officer must warn the person it
is an offence to fail to state the person's name or address unless the person
has a reasonable excuse.
(3) The authorised officer may also require the person to give evidence of the
correctness of the stated name or required address if the authorised officer
suspects the stated name or address is false.
300 Failure to give name or address
(1) A person of whom a requirement is made under section 299(1) or (3) must
comply with the requirement, unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
(2) A person does not commit an offence against subsection (1) if--
(a) the requirement was given because the authorised officer
suspected the person had committed an offence against this Act; and
(b) the person is not proved to have committed the offence.
301 Power to require information about contravention
(1) This section applies if an authorised officer believes--
(a) this Act has been contravened; and
(b) a person may be able to give information about the contravention.
(2) The authorised officer may require the person to give information to the
person's knowledge about the contravention in a stated reasonable time and in a
stated reasonable way.
(3) When making a requirement under subsection (2), the authorised officer must
warn the person it is an offence to fail to comply with the requirement unless
the person has a reasonable excuse.
302 Failure to give information about contravention
(1) A person of whom a requirement is made under section 301 must comply with
the requirement unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
(2) If the person is an individual, it is a reasonable excuse for the person if
complying with the requirement might tend to incriminate the person.
303 Power to require production of documents
(1) An authorised officer may require a person to make available for inspection
by an authorised officer, or produce to an authorised officer for inspection,
at a stated reasonable time and place, a document required to be kept by the
person under this Act.
(2) The authorised officer may keep the document to copy it.
(3) The authorised officer must return the document to the person after copying
it.
304 Failure to produce document
(1) A person required to make available, or produce, for inspection a document
under section 303 must comply with the requirement, unless the person has a
reasonable excuse.
Maximum penalty--200 penalty units.
(2) It is not a reasonable excuse for a person that complying with the
requirement might tend to incriminate the person.
305 False or misleading statements
(1) A person must not state anything to an authorised officer that the person
knows is false or misleading in a material particular.
Maximum penalty--300 penalty units.
(2) In a proceeding for an offence against subsection (1), it is enough to
state the statement made was 'false or misleading' to the person's knowledge,
without specifying which.
306 False or misleading documents
(1) A person must not give an authorised officer a document containing
information the person knows is false or misleading in a material particular.
Maximum penalty--300 penalty units.
(2) Subsection (1) does not apply to a person if the person when giving the
document--
(a) tells the authorised officer to the best of the person's ability,
how it is false or misleading; and
(b) if the person has, or can reasonably obtain, the correct
information--gives the correct information.
(3) In a proceeding for an offence against subsection (1), it is enough to
state the document was 'false or misleading' to the person's knowledge, without
specifying which.
307 Obstruction of authorised officer
(1) A person must not obstruct an authorised officer in the exercise of a power
under part 2, unless the person has a reasonable excuse.
Maximum penalty--300 penalty units.
(2) If a person has obstructed an authorised officer and the authorised officer
decides to proceed with the exercise of the power, the authorised officer must
warn the person that--
(a) it is an offence to obstruct the authorised officer unless the
person has a reasonable excuse; and
(b) the authorised officer believes the person's conduct is an
obstruction.
(3) In this section--
obstruct includes assault, hinder, resist and attempt or threaten to obstruct.
308 Notice of damage
(1) This section applies if--
(a) an authorised officer damages something when exercising, or
purporting to exercise, a power under part 2; or
(b) a person acting under the direction or authority of an authorised
officer damages something.
(2) The authorised officer must give notice to the person who appears to the
authorised officer to be the owner or person in possession of the thing.
(3) If for any reason it is not practicable to comply with subsection (2), the
authorised officer must leave the notice in a conspicuous position and in a
reasonably secure way at the place where the damage happened.
(4) The notice must state--
(a) the particulars of the damage; and
(b) that the person who suffered the damage may claim compensation
under section 309.
(5) If the authorised officer believes the damage was caused by a latent defect
in the thing or other circumstances beyond the control of the authorised
officer or person acting under the direction or authority of the authorised
officer, the authorised officer may state the belief in the notice.
(6) However, an authorised officer need not comply with this section if the
authorised officer believes the damage is trivial.
309 Compensation
(1) This section applies if a person incurs loss or damage because of the
exercise, or purported exercise, of a power under part 2, other than because of
a forfeiture under section 296 or 297.
(2) The person is entitled to be paid the reasonable compensation because of
the loss or damage that is agreed between the chief executive and the person,
or failing agreement, decided by a court.
(3) Compensation may be claimed and ordered to be paid in a proceeding--
(a) brought in a court with jurisdiction for the recovery of the
amount of compensation claimed; or
(b) for an offence against this Act brought against the person
claiming compensation.
(4) A court may order compensation to be paid only if satisfied it is just to
make the order in the circumstances of the particular case.
310 Definitions for div 1
In this division--
Act document means--
(a) an accreditation, approval, eligibility certificate, licence,
identity card or other authority given under this Act; or
(b) a document issued by or for a racing bookmaker evidencing a bet
made with the racing bookmaker.
background document means--
(a) an approved form, control body form, or gaming executive form,
completed by a person about the person's business reputation,
character, criminal history, current financial position or financial
background; or
(b) a document accompanying an accreditation application, application
for a licence, approval application, approved form, control body form
or gaming executive form; or
(c) the fingerprints of a person obtained by the chief executive,
gaming executive or a control body; or
(d) another document obtained by the chief executive, gaming
executive or a control body, relating to the person's business
reputation, character, criminal history, current financial position
or financial background.
confidential information, about someone, means information about--
(a) the person's business reputation, character, criminal history,
current financial position or financial background; or
(b) the person making an application under this Act.
control body officer means an executive officer or employee of a control body.
copy includes make a record.
court includes any tribunal, authority or person having power to require the
production of documents or the answering of questions.
forge includes counterfeit.
311 Protection for persons about whom confidential information or background
documents obtained
(1) This section applies to a person, including a person who is or was a public
service employee or control body officer, who, in the course of administering
this Act or the repealed Act or because of an opportunity provided by
involvement in administering this Act or the repealed Act--
(a) acquired confidential information about someone else; or
(b) gained access to a background document about someone else.
(2) The person must not do any of the following unless the person has a
reasonable excuse for doing so--
(a) disclose to anyone else the confidential information, or the
contents of, or information contained in, a background document;
(b) copy a background document;
(c) give access to a background document to anyone else.
Maximum penalty--100 penalty units.
(3) A person has a reasonable excuse for doing a thing mentioned in subsection
(2) if--
(a) the person does the thing--
(i) in or for the performance of a function under this Act,
including, for example, giving a document to the auditor-
general if the information is relevant to an audit under
section 60; or
(ii) under the authority of this Act or another Act; or
(iii) with the consent of the person to whom the
information or document relates; or
(iv) in compliance with lawful process requiring production
of documents or giving evidence before a court; or
(b) the disclosure was of a statistical nature that could not
reasonably be expected to result in the identification of the person
to whom it related.
312 Forgery and uttering Act documents
(1) A person must not--
(a) forge an Act document; or
(b) knowingly utter an Act document that is forged.
Maximum penalty--200 penalty units or 2 years imprisonment.
(2) A person must not pretend to be a person named in an Act document, whether
or not the person refers to the document.
Example for subsection (2)--
1 If a person steals an authorised officer's identity card, the
person must not pretend to be the authorised officer identified in
the card.
2 A person must not pretend to be an authorised officer by telling
someone else that the person is an authorised officer.
Maximum penalty--200 penalty units or 2 years imprisonment.
313 Making a false statement in application or other document
A person must not knowingly make a false statement--
(a) in an accreditation application, application for a licence,
application for an eligibility certificate or approval application;
or
(b) in a document the person is required to keep, or to give to the
Minister, the chief executive, the gaming executive, a control body
or another person, under this Act.
Maximum penalty--200 penalty units or 2 years imprisonment.
314 Definitions for div 2
In this division--
conduct, in relation to a racing contingency, includes--
(a) to arrange for a place to be used for the racing contingency; and
(b) to advertise or otherwise promote the racing contingency and seek
nominations for animals to race; and
(c) to arrange for persons to carry on bookmaking at the racing
contingency; and
(d) to participate in the racing contingency other than merely by
being present at the place where the racing contingency is being, or
is about to be, held; and
(e) to help in any of the activities mentioned in paragraphs (a) to
(d).
racing contingency means a contest, contingency or event, other than a race
meeting lawfully held under this Act, in which 2 or more animals compete
against each other for the purpose of providing a contest, contingency or event
on which bets are made.
315 Person must not conduct a racing contingency
(1) A person must not conduct a racing contingency.
Maximum penalty--200 penalty units.
(2) The occupier of a place must not allow a person to conduct a racing
contingency at the place.
Maximum penalty--200 penalty units.
316 Definitions for div 3
In this division--
interfere with, in relation to a licensed animal, a licence holder or an
official of a control body, means--
(a) inflict or cause injury to the licensed animal, licence holder or
official; or
(b) threaten to inflict or cause injury to the licensed animal,
licence holder or official; or
(c) otherwise affect in a detrimental way the behaviour, performance
or physical condition of the licensed animal, licence holder or
official.
possess, a thing, means--
(a) have custody of the thing; or
(b) have control of it at any place, whether or not someone else has
custody of it.
prohibited thing means any of the following--
(a) a drug;
(b) a noxious or toxic thing that could be used to affect the
behaviour, performance or physical condition of an animal or person;
(c) a thing that does, or is designed to do, any of the following and
may be used on a licensed animal in a detrimental way--
(i) supply electrical energy or another form of energy;
(ii) conduct, discharge or store an electrical charge,
current, voltage or another form of energy;
(iii) apply, deposit, propel or spray a substance;
(d) a hypodermic syringe or needle or other medical or veterinary
instrument.
use, a prohibited thing on a licensed animal, means--
(a) to use it on, or administer it to, the animal; or
(b) to cause it to be used on, or administered to, the animal.
317 Person must not possess prohibited thing at particular places
A person must not possess a prohibited thing at any of the following places
unless the person has a reasonable excuse--
(a) a licensed venue;
(b) a place where a trial is held or to be held;
(c) a place used for the purpose of training a licensed animal;
(d) a kennel, stable or other place used for sheltering a licensed
animal;
(e) in or about a vehicle being, or about to be, used to transport a
licensed animal;
(f) another place where a licensed animal is located.
Maximum penalty--400 penalty units or 2 years imprisonment.
318 Person must not use prohibited thing on, or interfere with, a licensed
animal
(1) A person must not, unless the person has a reasonable excuse--
(a) use a prohibited thing on a licensed animal; or
(b) interfere with a licensed animal.
Maximum penalty--600 penalty units or 2 years imprisonment.
(2) For a veterinary surgeon, it is a reasonable excuse to use a prohibited
thing on, or interfere with, a licensed animal--
(a) to treat a condition or injury of the animal; or
(b) to do something else that accords with normal veterinary
practice.
319 Person must not interfere with licence holder or official of a control body
(1) A person must not, unless the person has a reasonable excuse, interfere
with a licence holder in relation to the licence holder's performance of an
activity for which the licence holder is licensed.
Maximum penalty--400 penalty units or 2 years imprisonment.
(2) A person must not, unless the person has a reasonable excuse, interfere
with an official of a control body performing a function or exercising a power
under the control body's rules of racing.
Maximum penalty--400 penalty units or 2 years imprisonment.
320 Application of div 4
(1) This division does not apply in relation to--
(a) wagering lawfully conducted under the Wagering Act 1998; or
(b) betting by and with any 1 of the following persons as part of the
person lawfully carrying on bookmaking, or conducting a racing
bookmaker's business, at a licensed venue--
(i) a racing bookmaker;
(ii) if a racing bookmaker is a corporation--a licensed
executive officer of the corporation;
(iii) a racing bookmaker's clerk.
(2) This division does not affect in any way--
(a) the Charitable and Non-Profit Gaming Act 1999; or
(b) the Criminal Code; or
(c) the Wagering Act 1998.
321 Unlawful bookmaking other than by racing bookmakers etc.
A person must not carry on bookmaking unless the person is 1 of the following
and lawfully carrying on bookmaking under the relevant racing bookmaker's
licence--
(a) a racing bookmaker;
(b) if a racing bookmaker is a corporation--a licensed executive
officer of the corporation;
(c) a racing bookmaker's clerk who carries on bookmaking as part of
conducting the racing bookmaker's business.
322 Illegal betting place
(1) Subject to subsection (2), a place is an illegal betting place if the place
is opened, kept or used, wholly or partly, for 1 or more of the following--
(a) bookmaking by the occupier of the place with someone else;
(b) receiving money or other property by or for the occupier of the
place as or for consideration for--
(i) any assurance, undertaking, promise or agreement,
express or implied, to pay or give money or other property
in relation to a race or sporting contingency; or
(ii) securing the paying or giving by someone else of money
or other property in relation to a race or sporting
contingency;
(c) the payment or settlement of a bet made in relation to a race or
sporting contingency.
(2) A place is not an illegal betting place for an activity mentioned in
subsection (1) if--
(a) the place is a licensed venue and the activity takes place when
the venue is under the control of a control body for a race meeting;
or
(b) the place may be lawfully used under another Act for the
activity.
(3) Section 254(3) provides that other places are not illegal betting places
for the payment and settlement of a bet.
323 Prohibition on opening, keeping, using or promoting an illegal betting
place
(1) A person must not--
(a) open, keep or use an illegal betting place; or
(b) allow a place, of which the person is the occupier, to be opened,
kept or used as an illegal betting place, whether the occupier is or
is not present at the time the place is opened, kept or used as an
illegal betting place; or
(c) help, in any way, in operating an illegal betting place; or
Example for paragraph (c)--
A person, or the occupier, may invite someone else to use a service
or facility at the illegal betting place.
(d) advertise by any means, including electronically, that a place is
opened, kept or used, wholly or partly for betting on a race or
sporting contingency in Queensland or elsewhere, if that place is an
illegal betting place.
(2) Subsection (3) applies to each of the following--
(a) a person who is the occupier of an illegal betting place;
(b) a person who is acting for the occupier of an illegal betting
place;
(c) a person who is in any way helping in operating an illegal
betting place.
(3) The person must not, directly or indirectly, receive money or other
property--
(a) as a bet on a race or sporting contingency; or
(b) as a deposit on a bet on condition of paying or giving money or
other property in relation to a race or sporting contingency; or
(c) as or for consideration for an assurance, undertaking, promise or
agreement, express or implied, to pay or give money or other property
in relation to a race or sporting contingency.
(4) A person must not give an acknowledgment on the receipt of money or other
property, received in a way and for a purpose specified in subsection (3),
purporting or intended to entitle the bearer or another person to receive money
or other property in relation to a race or sporting contingency.
324 Contravention of s 321 or 323
(1) This section applies to a person who contravenes section 321 or 323 (a
relevant section).
(2) The person is liable to--
(a) for a first offence--a maximum penalty of 600 penalty units or 1
year's imprisonment; or
(b) for a second offence--a maximum penalty of 1200 penalty units or
2 years imprisonment; or
(c) for a third or subsequent offence--a maximum penalty of 4000
penalty units or 5 years imprisonment.
(3) A person is liable for the penalty under this section--
(a) for a second offence--if the person has been convicted of a
single offence against a relevant section, or against the repealed
Act, section 214, 216 or 217; or
(b) for a third or subsequent offence--if the person has been
convicted of 2 or more offences against a relevant section, or
against the repealed Act, section 214, 216 or 217.
325 Using an illegal betting place
A person must not in any way use a service or facility at an illegal betting
place, unless the person has a reasonable excuse.
Maximum penalty--100 penalty units.
326 Prohibition of betting at public place
A person must not bet at a public place unless the betting is lawfully
conducted under this Act or another Act.
Maximum penalty--100 penalty units.
327 Interfering with particular things at licensed venue or places for holding
trials
(1) This section applies to all of the following--
(a) a lighting, power or control system, lure drive, or any other
plant or equipment, used in connection with holding a race or trial
at a licensed venue or holding a trial at another place;
(b) a course prepared or laid out for holding the race or trial.
(2) A person must not interfere with a thing to which this section applies
without permission from the responsible person for the licensed venue or place.
Maximum penalty--400 penalty units or 2 years imprisonment.
(3) In this section--
interfere with, in relation to the operation of plant or equipment or to a
course, includes altering, damaging, destroying or removing the plant,
equipment or course, or a part of the plant, equipment or course.
responsible person, for a licensed venue or a place, means--
(a) for a day on which a race meeting is to be held at the licensed
venue or on which a trial is to be held at the place--the control
body controlling the licensed venue or place; or
(b) for another day--the licensed club responsible for the licensed
venue or the owner of the place.
328 Attempt to commit offence
(1) A person who attempts to commit an offence against this Act commits an
offence.
Maximum penalty for an attempt--the maximum penalty for the completed offence.
(2) The Criminal Code, section 4 applies to subsection (1).
(3) A person may be convicted of attempting to commit an offence against this
Act on a complaint or indictment charging the person with the offence.
329 Application of div 1
This division applies to a proceeding, under this Act, for an offence.
330 Appointments and authority
The following must be presumed unless a party to the proceeding, by reasonable
notice, requires proof of it--
(a) the appointment of the Minister, the chief executive, the gaming
executive or an authorised officer;
(b) the authority of a person mentioned in paragraph (a) to do
anything under this Act;
(c) the approval of a corporation as a control body;
(d) the accreditation of a facility as an accredited facility and the
statement of a person as--
(i) an accredited analyst or accredited veterinary surgeon
for the accredited facility; or
(ii) an accredited analyst for a secondary facility for the
accredited facility.
331 Signatures
A signature purporting to be that of any of the following persons is evidence
of the signature that it purports to be--
(a) the Minister;
(b) the chief executive;
(c) the gaming executive;
(d) the presiding case manager;
(e) an authorised officer;
(f) the secretary or a steward of a control body;
(g) the secretary of a licensed club;
(h) an accredited analyst;
(i) an accredited veterinary surgeon.
332 Evidentiary aids--documents
(1) A document purporting to be a copy of an accreditation, appointment,
approval, direction, licence, notice, order or other document made or given
under this Act is evidence of the accreditation, appointment, approval,
direction, licence, notice, order or other document and of the matters
contained in it.
(2) A document purporting to be signed by a control body's steward who, for the
control body, was in charge of a race meeting held by a licensed club and
stating any of the following matters is evidence of the matter--
(a) on a stated day, or at a stated place, a race meeting was held or
allotted to be held by the club;
(b) a stated animal competed in, or had been entered to compete in, a
race at the race meeting;
(c) the times when, under a direction given by the steward, betting
with racing bookmakers could take place at the race meeting.
(3) A certificate purporting to be signed by an accredited analyst stating any
of the following matters is evidence of the matter--
(a) a stated drug or code substance was found in or on a stated
thing;
(b) a stated amount or concentration of a stated drug or code
substance was found in or on a stated thing.
(4) A certificate purporting to be signed by an accredited veterinary surgeon
and stating the pharmacology of a stated drug or code substance is evidence of
the matters contained in it.
333 Other evidentiary provisions
(1) In support of an allegation in a complaint or indictment about either of
the following relating to a place, until the contrary is proved, it is
sufficient to prove a bet was made or settled with, or paid to, a person at
that place--
(a) that the place stated in the complaint or indictment is an
illegal betting place;
(b) that a person is conducting bookmaking at the place stated in the
complaint or indictment.
(2) A statement in a complaint or indictment of 1 or more of the following
matters is evidence, for this Act, of the matter or matters--
(a) a place was a public place at a stated time;
(b) a particular person was, at a stated time, the occupier of a
stated place;
(c) a particular person was, at a stated time, a member of or holder
of an office in the committee of a stated licensed club or other
stated association;
(d) on a stated day a race meeting was held, or allotted to be held,
at a stated place;
(e) an animal known by a stated name competed in, or had been entered
to compete in, a race meeting on a stated day.
(3) Proof that a place is opened, kept or used wholly or partly for a purpose
specified in section 323 is evidence that the place in question is opened, kept
or used with the permission of the occupier of the place.
(4) A statement in a complaint for an offence against this Act that the matter
of the complaint came to the knowledge of the complainant on a stated day is
evidence of when the matter came to the complainant's knowledge.
334 Types of offences
(1) Subject to subsection (2), an offence against this Act is a summary
offence.
(2) An offence against section 113C, 321 or 323 is an indictable offence that
is a misdemeanour.
335 Proceedings for indictable offence
(1) A proceeding for an indictable offence against this Act may be taken, at
the election of the prosecution--
(a) by way of summary proceeding under the Justices Act 1886; or
(b) on indictment.
(2) A magistrate must not hear an indictable offence summarily if--
(a) the defendant asks at the start of the hearing that the charge be
prosecuted on indictment; or
(b) the magistrate believes the charge should be prosecuted on
indictment.
(3) If subsection (2) applies--
(a) the magistrate must proceed by way of an examination of witnesses
for an indictable offence; and
(b) a plea of the person charged at the start of the proceeding must
be disregarded; and
(c) evidence brought in the proceeding before the magistrate decided
to act under subsection (2) is taken to be evidence in the proceeding
for the committal of the person for trial or sentence; and
(d) before committing the person for trial or sentence, the
magistrate must make a statement to the person as required by the
Justices Act 1886, section 104(2)(b).
336 Limitation on who may summarily hear indictable offence
(1) The proceeding must be before a magistrate if it is a proceeding--
(a) for the summary conviction of a person on a charge for an
indictable offence; or
(b) for an examination of witnesses for a charge for an indictable
offence.
(2) However, if the proceeding is brought before a justice who is not a
magistrate, jurisdiction is limited to taking or making a procedural action or
order within the meaning of the Justices of the Peace and Commissioners for
Declarations Act 1991.
337 Limitation on time for starting summary proceeding
A proceeding for a summary offence against this Act by way of summary
proceeding under the Justices Act 1886 must start--
(a) within 1 year after the commission of the offence; or
(b) within 6 months after the offence comes to the complainant's
knowledge, but within 2 years after the commission of the offence.
338 Increased penalties
A conviction for an offence against this Act or the repealed Act is not, after
10 years from the date of the conviction, receivable in evidence against a
person for the purpose of subjecting the person to an increased penalty or to a
forfeiture under this Act.
339 Executive officers must ensure corporation complies with Act
(1) The executive officers of a corporation must ensure the corporation
complies with this Act.
(2) If a corporation commits an offence against a provision of this Act, each
of its executive officers also commits an offence, namely, the offence of
failing to ensure the corporation complies with the provision.
Maximum penalty--the penalty for the contravention of the provision by an
individual.
(3) Evidence that the corporation has been convicted of an offence against a
provision of this Act is evidence that each of its executive officers committed
the offence of failing to ensure that the corporation complies with the
provision.
(4) However, it is a defence for an executive officer to prove--
(a) if the officer was in a position to influence the conduct of the
corporation in relation to the offence--the officer exercised
reasonable diligence to ensure the corporation complied with the
provision; or
(b) the officer was not in a position to influence the conduct of the
corporation in relation to the offence.
(5) It is also a defence in a proceeding against an executive officer for the
officer to prove information that tended to incriminate the corporation was
obtained under section 286.
340 Time race meeting taken to commence
A race meeting, under the control of a control body, is taken to commence at
the time that, under the direction of the steward who is in charge of the race
meeting for the control body, betting with racing bookmakers may commence.
341 Void betting contracts etc.
Subject to sections 253 and 342--
(a) a contract relating to betting is void; and
(b) a promise, whether express or implied, to do any of the following
under or in relation to a contract relating to betting is void--
(i) to pay money to a person;
(ii) to pay money to a person by way of commission, fee,
reward or otherwise;
(iii) to pay money to a person for services rendered; and
(c) an action may not be brought in a court to recover money or other
property--
(i) alleged to be won or lost on a bet; or
(ii) given to a person as a stakeholder for an event on
which a bet has been made; or
(iii) lent or advanced for the purpose of betting.
342 Betting and other activities to which s 341 does not apply
Section 341 does not apply--
(a) if the betting is conducted under any of the following Acts--
(i) the Casino Control Act 1982;
(ii) the Charitable and Non-Profit Gaming Act 1999;
(iii) the Gaming Machine Act 1991;
(iv) the Interactive Gambling (Player Protection) Act 1998;
(v) the Keno Act 1996;
(vi) the Lotteries Act 1997;
(vii) the Wagering Act 1998; or
(b) to a subscription or contribution, or agreement to subscribe or
contribute, for or to a prize, trophy or amount to be awarded to the
winner of a lawful game, sport, pastime or exercise or to a person
who receives or holds the subscription or contribution for that
purpose.
343 Approved forms
The chief executive may approve forms for use under this Act.
344 Electronic applications
(1) This section applies if--
(a) this Act requires an application to be made in an approved form,
gaming executive form or control body form; and
(b) the form provides that the application may be made by
electronically communicating it to an e-mail address for service
stated in the form.
(2) The application may be made by electronically communicating the information
required by the form in a format substantially similar to the relevant form.
345 Electronic notices about applications
(1) This section applies if an application under this Act has been made in an
approved form, gaming executive form or control body form, whether or not it
has been made under section 344.
(2) A notice from the Minister, chief executive, gaming executive or control
body to the applicant about the application may be given by electronically
communicating it to an e-mail address for service, as stated by the applicant
in the form.
(3) A notice from the applicant to the Minister, chief executive, gaming
executive or control body about the application may be given by electronically
communicating it to an e-mail address for service for the Minister, chief
executive, gaming executive or control body, as stated in the form.
346 E-mail address for service generally
(1) This section applies to each of the following persons (a notice recipient)
if, under this Act, the Minister, chief executive, gaming executive or control
body must or may give a notice to the notice recipient--
(a) an accreditation holder;
(b) a certificate holder;
(c) a control body;
(d) a licence holder.
(2) The Minister, chief executive, gaming executive or control body may give
the notice to the notice recipient by electronically communicating it to the
notice recipient at the e-mail address for service as stated for the notice
recipient in--
(a) the accreditation certificate, approval, eligibility certificate
or licence relevant to the notice recipient; or
(b) in a notice, in an approved form, gaming executive form or
control body form, given by the notice recipient to the Minister,
chief executive, gaming executive or control body about a change in
the e-mail address for the notice recipient.
347 Acts Interpretation Act 1954, s 39 not limited by ss 344-346
Sections 344 to 346 do not limit the Acts Interpretation Act 1954, section 39.
348 Protection from liability
(1) This section applies to each of the following persons (a relevant person)--
(a) the Minister;
(b) the chief executive;
(c) the gaming executive;
(d) an authorised officer;
(e) if an authorised officer has asked someone else to help the
officer to exercise a power under this Act and the other person is
giving the help--the other person;
(f) a person who is or was a public service employee of the
department, or another department administered by the gaming
executive;
(g) a person who is required to comply, and is complying, with a
requirement under section 282(1), 286(1), 292(1) or (3), 301(2) or
303(1).
(2) A relevant person is not civilly liable to someone for an act done, or
omission made, honestly and without negligence under this Act.
(3) If subsection (2) prevents a civil liability attaching to a relevant
person, the liability attaches instead to the State.
(4) In this section--
civil liability includes liability for the payment of costs ordered to be paid
in a proceeding for an offence against this Act.
349 Things to be done as soon as practicable
If no time is provided or allowed for doing something under this Act, the thing
is to be done as soon as practicable, and as often as the relevant occasion
happens.
350 Satisfaction, belief or suspicion must be on grounds that are reasonable in
the circumstances
(1) This section applies if, under this Act--
(a) a person is required to be satisfied or not satisfied of, or have
a belief or suspicion about, a particular matter before the person
may do or refrain from doing an act, or make a decision; or
(b) if the person is satisfied or not satisfied of, or has a belief
or suspicion about, a particular matter, a person is required to do
or refrain from doing an act, or make a decision.
(2) The person must be satisfied or not satisfied or have the belief or
suspicion on grounds that are reasonable in the circumstances.
Example of operation of subsection (2)--
Section 276(3) provides an authorised officer need not comply with
particular requirements if the authorised officer believes immediate
entry to a place is required to ensure the effective execution of a
warrant is not frustrated. The authorised officer must believe the
immediate entry is required on grounds that are reasonable in the
circumstances.
351 Matters must be considered appropriate on grounds that are reasonable in
the circumstances
(1) This section applies if, under this Act, any of the following entities is
required to consider that a particular matter is appropriate before the entity
may do or refrain from doing an act or make a decision--
(a) a court;
(b) the integrity board;
(c) the tribunal.
(2) The entity must not do or refrain from doing the act, or make the decision,
unless it considers the particular matter is appropriate on grounds that are
reasonable in the circumstances.
352 Records about drugs and veterinary surgeons
(1) The chief executive (health) may give to the chief executive information
relating to the following in the possession of the chief executive (health)
under the Health Act 1937--
(a) controlled drugs, restricted drugs or poisons, obtained by a
veterinary surgeon;
(b) records a veterinary surgeon is required to keep under that Act
about controlled drugs or poisons.
(2) In this section--
chief executive (health) means the chief executive of the department in which
the Health Act 1937 is administered.
controlled drug see the Health (Drugs and Poisons) Regulation 1996, appendix 9.
obtain means acquire, buy, receive or otherwise obtain.
poison see the Health (Drugs and Poisons) Regulation 1996, appendix 9.
restricted drug see the Health (Drugs and Poisons) Regulation 1996, appendix 9.
352A Integrity of analysis of thing
(1) This section applies to any of the following decisions--
(a) a decision of a control body about taking disciplinary action
relating to a licence, which action is reliant on a relevant
certificate about the results of the analysis of a thing;
(b) a decision of an appeal committee on an appeal against a decision
of a control body's steward for which the steward relied on a
relevant certificate about the results of the analysis of a thing;
(c) a decision of the tribunal on an appeal against a decision of an
appeal committee mentioned in paragraph (b);
(d) a decision of the tribunal on an appeal against a decision of a
control body's steward for which the steward relied on a relevant
certificate about the results of the analysis of a thing.
(2) In making the decision, it is enough for the decision maker to be satisfied
that the method of taking and dealing with the thing for analysis was in
compliance with the requirements of section 143(3) to the extent that the
integrity of the analysis was not adversely affected (substantial compliance).
(3) Evidence of an accredited analyst or accredited veterinary surgeon, for an
accredited facility, that the method of taking and dealing with the thing for
analysis was in substantial compliance with the requirements of section 143(3)
is evidence of that fact and, in the absence of evidence to the contrary,
conclusive evidence of that fact.
(4) In this section--
relevant certificate means a certificate mentioned in section 147(3).
353 Fees etc. that are owing to the State are debts
All fees and other amounts due and payable by a person under this Act to the
State may be recovered by action as a debt.
354 Delegations
(1) The Minister may delegate the Minister's powers under this Act to the chief
executive or an appropriately qualified officer of the department.
(2) The chief executive may delegate the following to an appropriately
qualified person--
(a) the chief executive's powers under this Act;
(b) a power delegated to the chief executive under subsection (1).
355 Regulation-making power
(1) The Governor in Council may make regulations under this Act.
(2) A regulation may--
(a) prescribe the way a thing may be taken or dealt with for
analysis; and
(b) prescribe a law of another State as a law about racing or
betting; and
(c) prescribe requirements that must be met for a facility to be
accredited under chapter 4, part 2; and
(d) prescribe the fees required under this Act, including the fees
mentioned in sections 11, 29, 129 and 207.
356 Repeal of Racing and Betting Act
The Racing and Betting Act 1980 (1980 Act No. 43) is repealed.
357 Definition for pt 2
In this part--
commencement means the commencement of the provision in which the term is used.
358 Effect of relocation
The relocated provisions continue to have effect as provisions of this Act.
Note--
Before the commencement of the Racing Amendment Act 2008 on 1 July
2008, relocated provision was defined under schedule 3 to mean a
provision in schedule 1 that was relocated to the schedule.
359 Codes of racing for which continuing control bodies responsible
(1) The Thoroughbred Racing Board continues as the control body for
thoroughbred racing.
(2) The Harness Racing Board continues as the control body for harness racing.
(3) The Greyhound Authority continues as the control body for greyhound racing.
(4) This section does not limit section 358.
(5) On 1 July 2006--
(a) subsection (1) stops applying; and
(b) the Thoroughbred Racing Board stops being a continuing control
body.
Note--
See also part 4 for provisions about the dissolution of the
Thoroughbred Racing Board.
(6) On 1 July 2008--
(a) subsections (2) and (3) stop applying; and
(b) the Harness Racing Board and the Greyhound Authority stop being
continuing control bodies as that term was defined under this Act
before the commencement of the Racing Amendment Act 2008.
Note--
See also part 5 for provisions about the dissolution of the Harness
Racing Board and the Greyhound Authority.
360 Things done under relocated provisions continue to have effect
A thing continues to have effect as if the thing had been done under this Act
if the thing--
(a) expressly or impliedly was authorised or required to be done
under a relocated provision; and
(b) was in force immediately before the relocation.
361 Relocation does not affect legal personality etc.
(1) The relocation of the relocated provisions does not--
(a) affect a continuing control body's legal personality or identity;
or
(b) affect a right, entitlement or liability of a continuing control
body or anyone else; or
(c) make legal proceedings by or against a continuing control body
defective.
(2) Without limiting subsection (1), the relocation of the relocated provisions
does not affect any right, entitlement, liability or benefit a continuing body
would have had or enjoyed.
(3) In addition, but without limiting subsection (1), if a legal proceeding
might have been continued or started by or against a continuing control body
immediately before the commencement, it may be continued or started by or
against it as a control body under this Act.
362 Relocation does not affect existing legal relationships
Without limiting section 361(1), the relocation of the relocated provisions--
(a) does not place a continuing control body in breach of contract or
otherwise make it guilty of a civil wrong; and
(b) does not make a continuing control body in breach of any
instrument, including, for example, an instrument prohibiting,
restricting or regulating the assignment or transfer of any right or
liability; and
(c) is not taken to fulfil a condition--
(i) allowing a person to terminate an instrument or
liability or modify the operation or effect of an
instrument or liability; or
(ii) requiring an amount to be paid before its stated
maturity; and
(d) does not release a surety or other obligee, in whole or in part,
from an obligation.
363 Function of continuing control body
(1) The function of each continuing control body is to manage its code of
racing.
(2) To remove doubt, it is declared that managing a continuing control body's
code of racing includes all of the matters conferred on the control body as a
function immediately before the commencement.
Examples of matters conferred on a continuing control body before the
commencement--
matters stated in the repealed Act, sections 11A(1), 52(2) and 93(2)
364 Powers of continuing control body
(1) The powers of each continuing control body are the powers of a control body
under this Act.
(2) However, if a continuing control body had power to do a thing under the
repealed Act as in force immediately before the commencement and the continuing
control body does not have power as a control body to do the thing under this
Act, the continuing control body has power to do the thing as if the repealed
Act had not been repealed.
(3) Without limiting subsection (2)--
(a) the Thoroughbred Racing Board has power to do a thing mentioned
in the repealed Act, sections 11B and 11BA, as in force immediately
before the commencement; and
Note--
On 1 July 2006, the Thoroughbred Racing Board stopped being a
continuing control body.
(b) the Harness Racing Board has power to do a thing mentioned in the
repealed Act, sections 52(2A) to (10) and 52A, as in force
immediately before the commencement; and
Note--
On 1 July 2008, the Harness Racing Board stopped being a continuing
control body.
(c) the Greyhound Authority has power to do a thing mentioned in the
repealed Act, sections 93(2A) to (10) and 93A, as in force
immediately before the commencement; and
Note--
On 1 July 2008, the Greyhound Authority stopped being a continuing
control body.
(d) each continuing body has power to do a thing mentioned in the
repealed Act, section 254A, as in force immediately before the
commencement.
(4) If, under a power under the repealed Act as in force immediately before the
commencement, a continuing control body started to deal with a matter and had
not finalised it before the commencement, the matter may continue to be dealt
with and finalised under this Act.
365 Minister to give each continuing control body an approval
The Minister may give each continuing control body an approval for the control
body's code of racing for this Act, stating conditions the Minister believes
are appropriate in the circumstances.
366 Membership of continuing control body and chairpersons
(1) Subject to subsection (3), a person who, immediately before the
commencement, was a member of a continuing control body continues to be a
member of the continuing control body on the same conditions applying to the
member before the commencement.
(2) Subject to subsection (3), a person who, immediately before the
commencement, was the chairperson or deputy chairperson of a continuing control
body continues to be the chairperson or deputy chairperson of the continuing
control body on the same conditions applying to the person before the
commencement.
(3) Despite schedule 1, part 2, section 11I(1)--
(a) a member of the Thoroughbred Racing Board holds office until
schedule 1 expires; and
(b) the chairperson and deputy chairperson of Thoroughbred Racing
Board continue to be the chairperson and deputy chairperson of the
Thoroughbred Racing Board until schedule 1 expires.
(4) Subsection (3) stops applying on 1 July 2006.
(5) A person's membership or office mentioned in this section may be vacated
under this Act.
367 Delegations by continuing control bodies
(1) A continuing control body may delegate the body's powers under this Act,
including the body's powers mentioned in schedule 1, to--
(a) a member of the control body; or
(b) an appropriately qualified officer or employee of the control
body.
(2) A delegation by a continuing control body to any person, made under the
repealed Act, its rules of racing or by resolution, before the commencement and
in force immediately before the commencement, continues to have effect as if
the delegation had been made under subsection (1).
368 Application of this Act to continuing control body
(1) If a provision of this Act is not capable of applying to a continuing
control body, the provision does not apply.
Example for subsection (1)--
A provision may refer to the constitution of a control body, but a
continuing control body does not have a constitution. To this extent,
it is not practicable for the provision to apply to the continuing
control body.
(2) However, for the application of this Act to a continuing control body a
reference to an executive officer of a control body includes a member of a
continuing control body.
Example for subsection (2)--
sections 97(3)(a), 117(2)(d) and 154(a)
369 Racing calendar
(1) This section applies if, before the commencement, a continuing control body
had a racing calendar for the period that included the day of the commencement.
(2) The continuing control body is taken to have complied with section 38
during the period to which the racing calendar relates, starting on the
commencement.
(3) In this section--
racing calendar includes a document published by the continuing control body
called a racing calendar, whether or not the control body was, under the
repealed Act, required to have a racing calendar.
371 When corporation may apply for approval as control body for thoroughbred,
harness or greyhound racing
(1) The purpose of this section is to allow an eligible corporation to apply to
be approved as the control body for thoroughbred, harness or greyhound racing
within a reasonable time before the expiry of schedule 1.
(2) An eligible corporation may make an approval application under section 10
(1) for any of the following codes of racing after 1 year after the
commencement--
(a) thoroughbred racing;
(b) harness racing;
(c) greyhound racing.
372 Membership of racing association and chairpersons
(1) A person who, immediately before the commencement, was a member of a racing
association continues to be a member of the racing association on the same
conditions applying to the member before the commencement.
(2) A person who, immediately before the commencement, was the chairperson of a
racing association continues to be the chairperson of the racing association on
the same conditions applying to the person before the commencement.
(3) If, under a power under the repealed Act as in force immediately before the
commencement, a racing association started to deal with a matter and had not
finalised it before the commencement, the matter may continue to be dealt with
and finalised under this Act.
373 Continuation of council and its members and chairperson
(1) A person who, immediately before the commencement, was a member of the
Queensland Regional Racing Council continues to be a member of the council on
the same conditions applying to the person as a member immediately before the
commencement.
(2) A person who, immediately before the commencement, was the chairperson of
the Queensland Regional Racing Council continues to be the chairperson of the
council on the same conditions applying to the person before the commencement.
(3) A recommendation or report of the Queensland Regional Racing Council under
the repealed Act, section 34C is taken to be a recommendation or report of the
council under section 67 of this Act.
(4) If, under a power under the repealed Act as in force immediately before the
commencement, the Queensland Regional Racing Council started to deal with a
matter and had not finalised it before the commencement, the matter may
continue to be dealt with and finalised under this Act.
374 Licences and other forms of authority continue to have effect
(1) This section applies to a licence and any other form of authority, however
described, issued to a person by a continuing control body before the
commencement, that was in force immediately before the commencement.
(2) The licence or other form of authority continues to have effect under this
Act subject to--
(a) the conditions stated in the licence or other authority; and
(b) this Act; and
(c) the continuing control body's policies and rules of racing.
(3) To the extent of any inconsistency among provisions applying to a licence
or other form of authority, this Act prevails.
375 Actions by control body continue to have effect
(1) This section applies to an action taken, however described, by a continuing
control body in relation to a person before the commencement that was in force
immediately before the commencement, other than an action resulting in a
licence or other form of authority to which section 374 applies.
Examples of actions taken by a control body before commencement--
1 A person is named on a forfeit list, disqualified from being a
licence holder or is warned off from entering a racing venue, under a
continuing control body's rules of racing.
2 A person's licence is suspended.
(2) The action continues to have effect under this Act subject to--
(a) any conditions stated in a document by which the action was taken
against the person, or notice given to the person about the action;
and
(b) this Act; and
(c) the continuing control body's policies and rules of racing.
(3) To the extent of any inconsistency among provisions applying to the action,
this Act prevails.
376 Consultation to be undertaken as part of development of policy
(1) This section applies to a continuing control body for the purpose of making
policies until, as required under section 81(a), the control body makes a
policy about the way the control body will develop its policies.
(2) Before a continuing control body makes a policy, it must publish a notice
of the preparation of a draft policy in a newspaper likely to be read by people
particularly affected by the draft policy.
(3) The notice must state all of the following--
(a) the matters the policy will deal with;
(b) where copies of the draft policy may be obtained or inspected,
including, for example, its availability on the control body's
website;
(c) that a person may comment on the draft policy to the control
body;
(d) the period during which comments may be made.
(4) In addition, the draft policy must comply with section 83 to the extent
practicable.
(5) The period during which comments may be made must be at least 28 days after
the day of the publication of the notice.
(6) A copy of the draft policy must be available free, or on payment of a
reasonable price, at the place, or each of the places, stated in the notice.
377 Rules of continuing control bodies are rules of racing under this Act
(1) The rules of racing under the repealed Act as in force immediately before
the commencement continue as if they were rules of racing of the Thoroughbred
Racing Board.
Note--
On 1 July 2006, the Thoroughbred Racing Board stopped being a
continuing control body. See also part 4.
(2) The rules of trotting under the repealed Act as in force immediately before
the commencement continue as if they were rules of racing of the Harness Racing
Board.
Note--
On 1 July 2008, the Harness Racing Board stopped being a continuing
control body. See also part 5.
(3) The rules of greyhound racing under the repealed Act as in force
immediately before the commencement continue as if they were rules of racing of
the Greyhound Authority.
Note--
On 1 July 2008, the Greyhound Authority stopped being a continuing
control body. See also part 5.
(4) Subsections (1) to (3) have effect only to the extent that the rules of
racing, trotting or greyhound racing are not inconsistent with this Act.
(5) Also, a regulation may declare rules of racing, trotting or greyhound
racing, that are rules of racing under subsections (1) to (3), to be invalid.
378 Amendment etc. of rules continued in force under s 377
(1) This section applies to a control body's rules of racing continued under
section 377.
(2) Despite section 92, a control body may--
(a) amend or omit a provision of the rules; or
(b) repeal the rules.
379 Registered clubs taken to be licensed
(1) This section applies to a greyhound club, race club and trotting club that,
under the repealed Act as in force immediately before the commencement, is
registered under that Act as a greyhound club, race club or trotting club by a
continuing control body.
(2) Each club is taken to be licensed by the continuing control body to conduct
racing under this Act.
(3) In an Act or document, a reference to a greyhound club, race club or
trotting club under the Racing and Betting Act 1980 may, if the context
permits, be taken to be a licensed club licensed by the Greyhound Authority,
Thoroughbred Racing Board or Harness Racing Board.
Note--
The Thoroughbred Racing Board stopped being a continuing control body
on 1 July 2006 (see also part 4). The Greyhound Authority and Harness
Racing Board stopped being continuing control bodies on 1 July 2008
(see also part 5).
380 Directions for s 101
In section 101--
control body direction includes a direction given under the repealed Act,
section 11B(2)(r), 52(3)(t) or 93(3)(t), as in force immediately before the
commencement, including a direction mentioned in section 11B(3), 52A(2) and 93A
(2) of that Act.
381 Definitions for div 4
In this division--
advisory board means the Racing Codes Advisory Board constituted under the
repealed Act, section 10A as in force immediately before the commencement.
racing science centre means the unit of the department known, immediately
before the commencement, as the racing science centre.
382 Integrity board is continuation of advisory board
The integrity board is a continuation of the advisory board.
383 Members and chairperson of advisory board continue as board members and
board chairperson
(1) A member of the advisory board immediately before the commencement
continues as a board member for the balance of the term of the member's
appointment as a member of the advisory body under the repealed Act.
(2) The member of the advisory board who was the chairperson of the advisory
board immediately before the commencement is the board chairperson while the
person continues as a board member under subsection (1).
(3) A person's membership or office mentioned in this section may be vacated
under this Act.
384 Racing science centre taken to be accredited facility
(1) The chief executive is taken to have accredited the racing science centre
as an accredited facility under section 131 of this Act.
(2) The chief executive must, immediately after the commencement, issue an
accreditation certificate in relation to the racing science centre stating the
information mentioned in section 132(3).
(3) The accreditation expires 6 months after the commencement.
385 Definitions for div 5
In this division--
authority means the Racing Appeals Authority established under the repealed
Act, section 115B.
continuing member means a person continuing as a tribunal member under section
387(1).
386 Tribunal is continuation of Racing Appeals Authority
(1) The Racing Appeals Tribunal is a continuation of the authority.
(2) The other provisions of this part do not limit subsection (1).
387 Members of authority continue in office as tribunal members etc.
(1) A member of the authority immediately before the commencement continues as
a tribunal member for the balance of the term of the person's appointment as a
member of the authority under the repealed Act.
(2) The continuing member who was chairperson or deputy chairperson of the
authority immediately before the commencement is the tribunal chairperson or
deputy tribunal chairperson while the person continues as a tribunal member
under subsection (1).
(3) A continuing member's office may be vacated under this Act.
388 Appeals under repealed Act
(1) An appeal started under the repealed Act, part 3, division 3A, but not
decided before the commencement may be dealt with, or continue to be dealt
with, under this Act by the tribunal.
(2) A decision that could have been appealed under the repealed Act, part 3,
division 3A, after the commencement except for the repeal of that Act may be
appealed under chapter 5 of this Act.
(3) Subsection (4) applies to a decision of a racing association appeals
committee.
(4) A decision of the tribunal relating to an appeal against a decision
mentioned in subsection (3) must be given effect by the Thoroughbred Racing
Board.
(5) For an appeal under this section, chapter 5 applies with any necessary
changes.
389 Decisions of authority
(1) This section applies to the extent a decision of the authority is relevant
for this Act.
(2) The decision applies as a decision of the tribunal given under this Act.
390 Racing bookmaker and racing bookmaker's clerk
(1) A person who is a racing bookmaker or racing bookmaker's clerk under the
repealed Act as in force immediately before the commencement continues as a
racing bookmaker or racing bookmaker's clerk under this Act for the period of
the person's licence as a racing bookmaker or racing bookmaker's clerk.
(2) The person's licence is taken to have been granted by the control body that
granted it under the repealed Act and to be for the code of racing for which it
was granted under that Act.
(3) Subsection (1) does not apply if the person's licence is cancelled.
(4) Also, subsection (1) does not stop the person's licence being suspended.
391 Eligibility certificate
(1) An eligibility certificate given under the repealed Act, section 153, that
has not lapsed under section 155 of that Act before the commencement, continues
as an eligibility certificate under this Act.
(2) An application for an eligibility certificate made under the repealed Act,
part 4, division 4, and not decided by the gaming executive before the
commencement must be dealt with, or continue to be dealt with, as an
application for an eligibility certificate made under chapter 6, part 3, of
this Act.
392 Audit program and investigation
(1) An audit program approved by the gaming executive under the repealed Act,
section 156, and in force immediately before the commencement, continues as an
audit program approved by the gaming executive under section 223 of this Act.
(2) An investigation of a certificate holder, or of a business associate or
executive associate of a certificate holder, being conducted under the repealed
Act, part 4, division 5, happening immediately before the commencement may be
continued under chapter 6, part 3, division 3 of this Act.
393 Cancellation of eligibility certificate
If, under the repealed Act, part 4, division 6, the gaming executive started to
deal with a matter and had not finalised it before the commencement, the matter
may continue to be dealt with and finalised under chapter 6, part 3, division 4
of this Act.
394 Appeal relating to eligibility certificate
(1) An appeal started under the repealed Act, part 4, division 7, but not
decided before the commencement may be dealt with, or continue to be dealt
with, under chapter 6, part 3, division 6 of this Act.
(2) A decision that could have been appealed under the repealed Act, part 4,
division 7, after the commencement except for the repeal of that Act may be
appealed under chapter 6, part 3, division 6 of this Act
(3) For an appeal under this section, chapter 6, part 3, division 6 applies
with any necessary changes
395 Approved bookmaking system under repealed Act taken to be approved under s
141 by continuing control body
(1) This section applies if an approval of a telephone bookmaking system under
the repealed Act, section 141, is in force immediately before the commencement.
(2) Each continuing control body is taken to have approved the telephone
bookmaking system under section 249 of this Act.
(3) The approval under subsection (2) continues until the continuing control
body approves another system under section 249 of this Act.
396 References to repealed Act
In an Act or document, a reference to the Racing and Betting Act 1980 may, if
the context permits, be taken to be a reference to this Act.
396A First chairperson of country racing association not required to give
notice under s 71(2) to committee
(1) This section applies to the first chairperson of a country racing
association elected after the commencement of this section.
(2) Despite section 71(2), the chairperson is not required to give notice of
his or her election as chairperson to the chairperson of the committee.
397 Definitions for pt 4
In this part--
commencement means 1 July 2006.
former board means the Thoroughbred Racing Board.
new thoroughbred control body means Queensland Racing Limited ACN 116 735 374,
approved as the control body for thoroughbred racing.
398 Dissolution of former board
(1) On the commencement--
(a) the former board is dissolved; and
(b) the members of the former board go out of office.
(2) No compensation is payable to a member because of subsection (1).
399 New thoroughbred control body is legal successor of former board
(1) The new thoroughbred control body is the successor in law of the former
board.
(2) The other provisions of this part do not limit subsection (1).
400 Assets and liabilities etc.
(1) On the commencement--
(a) anything that was an asset or liability of the former board
immediately before the commencement becomes an asset or liability of
the new thoroughbred control body; and
(b) an agreement or arrangement in force immediately before the
commencement between the former board and another entity is taken to
be an agreement or arrangement between the new thoroughbred control
body and the other entity; and
(c) any property that was, immediately before the commencement, held
by the former board on trust or subject to conditions continues to be
held by the new thoroughbred control body on the same trusts or
subject to the same conditions.
(2) The registrar of titles or other person responsible for keeping a register
for dealings in property must, if asked by the new thoroughbred control body,
record the vesting of property under this section in the new thoroughbred
control body.
401 Employees of former board
(1) This section applies to a person who, immediately before the commencement,
was an employee of the former board.
(2) On the commencement, the person becomes an employee of the new thoroughbred
control body.
(3) The person--
(a) must be employed on terms and conditions of employment at least
equivalent to those applying to the person immediately before the
commencement; and
(b) remains entitled to all rights of employment existing or accruing
immediately before the commencement.
402 Proceedings
(1) A proceeding that could have been started by or against the former board
before the commencement may be started by or against the new thoroughbred
control body.
(2) From the commencement, an existing proceeding may be continued and finished
by or against the new thoroughbred control body.
(3) In this section--
existing proceeding means a proceeding that--
(a) was taken by or against a following person before the
commencement--
(i) the former board;
(ii) a member of the former board in the capacity as a
member of the former board; and
(b) has not been finished before the commencement.
403 Things done by former board
(1) Anything done by the former board under this Act--
(a) continues to have effect; and
(b) from the commencement, is taken to have been done by the new
thoroughbred control body.
(2) Without limiting subsection (1), on the commencement--
(a) a policy of the former board that was in effect immediately
before the commencement continues as if it were a policy of the new
thoroughbred control body; and
(b) rules of racing made by the former board and in force immediately
before the commencement continue as if they were rules of racing made
by the new thoroughbred control body; and
(c) a licence issued or taken to be issued by the former board before
the commencement that is in force immediately before the commencement
continues as if it had been issued by the new thoroughbred control
body; and
(d) a racing calendar prepared by the former board for a period
ending after the commencement continues as if it had been prepared by
the new thoroughbred control body.
404 Rights and obligations of former board under this Act
Without limiting any other provision in this part, a right or obligation of the
former board under this Act immediately before the commencement becomes a right
or obligation of the new thoroughbred control body.
405 Application of audit regime to new thoroughbred control body
From the commencement, a program approved by the Minister under section 46(3)
for 2006 applies to the new thoroughbred control body to the extent it is
stated to apply to the former board.
406 Provision for committee members
(1) This section applies to a person who--
(a) immediately before the commencement, was a member of the
committee and a member of the former board; and
(b) on the commencement, is a member or director of the new
thoroughbred control body.
(2) Despite section 68C(g)(i), the person does not vacate office as a member of
the committee.
407 Provision for application of s 68M
(1) This section applies for section 68M in relation to the year in which the
commencement falls.
(2) An amount of the former board's net UNiTAB product fee paid under the
section by the former board before the commencement is taken to have been paid
by the new thoroughbred control body under the section.
408 Appeals
(1) If an appeal committee was established by the former board and is in
existence immediately before the commencement, on the commencement the appeal
committee--
(a) continues as if it had been established by the new thoroughbred
control body under its rules of racing for thoroughbred racing; and
(b) may continue to deal with an appeal under consideration
immediately before the commencement as if the appeal had been started
under the new thoroughbred control body's rules of racing for
thoroughbred racing.
(2) Subsection (3) applies in relation to an appeal--
(a) against a reviewable decision made before the commencement; and
(b) started after the commencement.
(3) The appeal may be dealt with by--
(a) an appeal committee mentioned in subsection (1); or
(b) if there is no appeal committee established by the former board
and in existence immediately before the commencement--an appeal
committee established by the new thoroughbred control body.
(4) For subsections (1)(b) and (3), the steward's decision appealed against is
taken to be a decision made by the steward for the new thoroughbred control
body.
(5) This section does not limit section 403(1).
409 Continuation of action started against licensed club under ch 3, pt 4
(1) This section applies if, before the commencement, the former board--
(a) gave a licensed club a show cause notice under chapter 3, part 4;
and
(b) has not decided whether to take action under the part in relation
to the club.
(2) From the commencement, chapter 3, part 4 continues to apply in relation to
the show cause notice as if the notice had been given by the new thoroughbred
control body.
(3) This section does not limit section 403(1).
410 Pt 4 does not affect existing legal relationships
Nothing done under this part in relation to the former board--
(a) places the new thoroughbred control body in breach of a contract,
trust or confidence or otherwise makes the new thoroughbred control
body guilty of a civil wrong; or
(b) makes the new thoroughbred control body in breach of any
instrument, including an instrument prohibiting, restricting or
regulating the assignment, transfer or assumption of a right or
liability; or
(c) is taken to fulfil a condition or otherwise constitute an event--
(i) allowing a person to terminate an instrument or be
released, wholly or partly, from an obligation or modify
the operation or effect of an instrument or obligation; or
(ii) requiring money to be paid, or anything else to be
done, before its stated maturity; or
(d) releases a surety or other obligee, wholly or partly, from an
obligation.
411 References to former board
In an Act or document, a reference to the former board may, if the context
permits, be taken as a reference to the new thoroughbred control body.
412 Definitions for pt 5
In this part--
commencement means 1 July 2008.
corresponding new control body, for a former board, means--
(a) for the Greyhound Authority--the new greyhound control body; or
(b) for the Harness Racing Board--the new harness control body.
former board means the Greyhound Authority or the Harness Racing Board.
new greyhound control body means Greyhounds Queensland Limited ACN 128 067 247
approved as the control body for greyhound racing.
new harness control body means Queensland Harness Racing Limited ACN 128 036
000 approved as the control body for harness racing.
413 Dissolution of former boards
Each former board is dissolved on the commencement.
414 New control bodies are legal successor of former boards
(1) The new greyhound control body is the successor in law of the Greyhound
Authority.
(2) The new harness control body is the successor in law of the Harness Racing
Board.
(3) The other provisions of this part do not limit subsections (1) and (2).
415 Assets and liabilities etc.
(1) On the commencement--
(a) anything that was an asset or liability of a former board
immediately before the commencement becomes an asset or liability of
the corresponding new control body; and
(b) an agreement or arrangement in force immediately before the
commencement between a former board and another entity is taken to be
an agreement or arrangement between the corresponding new control
body and the other entity; and
(c) any property that was, immediately before the commencement, held
by a former board on trust or subject to conditions continues to be
held by the corresponding new control body on the same trusts or
subject to the same conditions.
(2) The registrar of titles or other person responsible for keeping a register
for dealings in property must, if asked by the new greyhound control body or
new harness control body, record the vesting of property under this section in
the control body.
416 Employees of former boards
(1) This section applies to a person who, immediately before the commencement,
was an employee of a former board.
(2) On the commencement, the person becomes an employee of the corresponding
new control body.
(3) The person--
(a) must be employed on terms and conditions of employment at least
equivalent to those applying to the person immediately before the
commencement; and
(b) remains entitled to all rights of employment existing or accruing
immediately before the commencement.
417 Proceedings
(1) A proceeding that could have been started by or against a former board
before the commencement may be started by or against the corresponding new
control body.
(2) From the commencement, an existing proceeding may be continued and finished
by or against the corresponding new control body.
(3) In this section--
existing proceeding means a proceeding that--
(a) was taken by or against a following person before the
commencement--
(i) a former board;
(ii) a member of a former board in the capacity as a member
of the former board; and
(b) has not been finished before the commencement.
418 Things done by former board
(1) Anything done by a former board under this Act--
(a) continues to have effect; and
(b) from the commencement, is taken to have been done by the
corresponding new control body.
(2) Without limiting subsection (1), on the commencement--
(a) a policy of a former board that was in effect immediately before
the commencement continues as if it were a policy of the
corresponding new control body; and
(b) rules of racing made by a former board and in force immediately
before the commencement continue as if they were rules of racing made
by the corresponding new control body; and
(c) a licence issued or taken to be issued by a former board before
the commencement that is in force immediately before the commencement
continues as if it had been issued by the corresponding new control
body; and
(d) a racing calendar prepared by a former board for a period ending
after the commencement continues as if it had been prepared by the
corresponding new control body.
419 Rights and obligations of former boards under this Act
Without limiting any other provision in this part, a right or obligation of a
former board under this Act immediately before the commencement becomes a right
or obligation of the corresponding new control body.
420 Application of audit regime to new greyhound control body and new harness
control body
From the commencement, a program approved by the Minister under section 46(3)
for 2008 applies to the corresponding new control body to the extent it is
stated to apply to a former board.
421 Appeals
(1) If an appeal committee was established by a former board and is in
existence immediately before the commencement, on the commencement the appeal
committee--
(a) continues as if it had been established by the corresponding new
control body under its rules of racing; and
(b) may continue to deal with an appeal under consideration
immediately before the commencement as if the appeal had been started
under the corresponding new control body's rules of racing.
(2) Subsection (3) applies to an appeal--
(a) against a reviewable decision within the meaning of section 95
made before the commencement; and
(b) started after the commencement.
(3) The appeal may be dealt with by--
(a) an appeal committee mentioned in subsection (1); or
(b) if there is no appeal committee established by the former board
and in existence immediately before the commencement--an appeal
committee established by the corresponding new control body.
(4) For subsections (1)(b) and (3), the steward's decision appealed against is
taken to be a decision made by the steward for the corresponding new control
body.
(5) This section does not limit section 418(1).
422 Continuation of action started against licensed club under ch 3, pt 4
(1) This section applies if, before the commencement, a former board--
(a) gave a licensed club a show cause notice under chapter 3, part 4;
and
(b) has not decided whether to take action under the part in relation
to the club.
(2) From the commencement, chapter 3, part 4 continues to apply in relation to
the show cause notice as if the notice had been given by the corresponding new
control body.
(3) This section does not limit section 418(1).
423 Continuing application of confidentiality obligation to members and
employees of former continuing boards
A person who was a member or employee of a former board is taken to be a
control body officer under section 310.
424 Requirement for former board members to give annual report
(1) Repealed schedule 1, section 132 continues to apply for the year ending 30
June 2008.
(2) For subsection (1)--
(a) a former board consisting of the persons who were members of the
board immediately before the commencement is taken to be a continuing
control body; and
(b) a club that was licensed by the former board immediately before
the commencement is taken to be a club licensed by it.
425 Pt 5 does not affect existing legal relationships
Nothing done under this part in relation to a former board--
(a) places the corresponding new control body in breach of a
contract, trust or confidence or otherwise makes the corresponding
new control body guilty of a civil wrong; or
(b) makes the corresponding new control body in breach of any
instrument, including an instrument prohibiting, restricting or
regulating the assignment, transfer or assumption of a right or
liability; or
(c) is taken to fulfil a condition or otherwise constitute an event--
(i) allowing a person to terminate an instrument or be
released, wholly or partly, from an obligation or modify
the operation or effect of an instrument or obligation; or
(ii) requiring money to be paid, or anything else to be
done, before its stated maturity; or
(d) releases a surety or other obligee, wholly or partly, from an
obligation.
426 References to former boards
In an Act or document, a reference to a former board may, if the context
permits, be taken as a reference to the corresponding new control body.
427 Definitions for pt 6
In this part--
commencement means 1 July 2010.
former control body means each of the following--
(a) Queensland Racing Limited ACN 116 735 374;
(b) Greyhounds Queensland Limited ACN 128 067 247;
(c) Queensland Harness Racing Limited ACN 128 036 000.
new control body means Racing Queensland Limited ACN 142 786 874.
428 Cancellation of old approvals and issue of new approval
(1) The approvals held by the former control bodies are cancelled at midnight
on 30 June 2010.
(2) On 1 July 2010, the Minister must give an approval to the new control body
to be the control body for the following codes of racing--
(a) thoroughbred racing;
(b) harness racing;
(c) greyhound racing.
(3) An approval given under subsection (2)--
(a) is taken to have been given under section 26; and
(b) has effect from the beginning of the day it is given; and
(c) is subject to the conditions imposed by the Minister by notice
given to the new control body.
429 Assets and liabilities etc.
(1) On the commencement--
(a) anything that was an asset or liability of a former control body
immediately before the commencement becomes an asset or liability of
the new control body; and
(b) an agreement or arrangement in force immediately before the
commencement between a former control body and another entity is
taken to be an agreement or arrangement between the new control body
and the other entity; and
(c) any property that was, immediately before the commencement, held
by a former control body on trust or subject to conditions continues
to be held by the new control body on the same trusts or subject to
the same conditions.
(2) The registrar of titles or other person responsible for keeping a register
for dealings in property must, if asked by the new control body, record the
vesting of property under this section in the new control body.
430 Provision taken to be included in constitutions of former control bodies
Each former control body's constitution is taken to include, and to have always
included, a provision allowing a director of the former control body to give
the former control body's agreement to the enactment of provisions having the
effect of provisions set out in this part, in particular, provisions--
(a) cancelling the former control body's approval and giving, to the
new control body, an approval as the control body for all codes of
racing; and
(b) divesting the former control body of its assets and liabilities
and vesting the assets and liabilities in the new control body; and
(c) stating that no compensation is payable to the former control
body or its members or directors for any action taken under this
part.
431 Displacement provisions for Corporations legislation
Sections 429 and 430 are declared to be Corporations legislation displacement
provisions for the Corporations Act, section 5G.
432 Employees of former control bodies
(1) This section applies to a person who, immediately before the commencement,
was an employee of a former control body.
(2) On the commencement--
(a) the person becomes an employee of the new control body on the
same terms and conditions of employment as applied to the person
immediately before the commencement; and
(b) the person remains entitled to all rights of employment existing
or accruing immediately before the commencement.
(3) Subsection (4) applies if the person was, immediately before the
commencement, entitled to a remuneration package of not more than $100000 a
year.
(4) For 2 years from the commencement, the terms and conditions of the person's
employment must be at least equivalent to the terms and conditions applying to
the person immediately before the commencement.
(5) In this section--
remuneration package, for a person, means the cost to the person's employer of
employing the person, including the cost of making contributions to a
superannuation scheme for the person and providing for the person's leave
entitlements.
433 Proceedings
(1) A proceeding that could have been started by or against a former control
body before the commencement may be started by or against the new control body.
(2) From the commencement, an existing proceeding may be continued and finished
by or against the new control body.
(3) In this section--
existing proceeding means a proceeding that--
(a) was taken by or against one of the following before the
commencement--
(i) a former control body;
(ii) a person who was a member of a former control body, in
the person's capacity as a member; and
(b) has not been finished before the commencement.
434 Things done by former control bodies
(1) Anything done by a former control body under this Act--
(a) continues to have effect; and
(b) from the commencement, is taken to have been done by the new
control body.
(2) Without limiting subsection (1), on the commencement--
(a) a policy of a former control body in effect immediately before
the commencement continues as if it were a policy of the new control
body; and
(b) rules of racing made by a former control body and in force
immediately before the commencement continue as if they were rules of
racing made by the new control body; and
(c) a licence issued or taken to be issued by a former control body
before the commencement and in force immediately before the
commencement continues as if it had been issued by the new control
body; and
(d) a racing calendar prepared by a former control body for a period
ending after the commencement continues as if it had been prepared by
the new control body.
435 Rights and obligations of former control bodies under this Act
Without limiting any other provision in this part, a right or obligation of a
former control body under this Act immediately before the commencement becomes
a right or obligation of the new control body.
436 Application of audit regime to new control body
From the commencement, a program approved by the Minister under section 46(3)
for 2010 applies to the new control body to the extent it is stated to apply to
a former control body.
437 Net UNiTAB product fee paid before commencement
(1) This section applies to an amount of the former control body's net UNiTAB
product fee paid, before the commencement, by the former control body under
section 68M, in the year in which the commencement falls.
(2) On the commencement, the amount is taken to have been paid by the new
control body under section 60B.
(3) In this section--
former control body means the former control body for thoroughbred racing.
438 Appeals
(1) This section applies to an appeal committee established by a former control
body (the relevant former control body) and in existence immediately before the
commencement.
(2) On the commencement, the appeal committee--
(a) continues in existence only for the purpose of dealing with an
appeal under consideration immediately before the commencement; and
(b) must deal with the appeal under the relevant former control
body's rules of racing in existence before the commencement.
(3) Subsection (4) applies in relation to an appeal--
(a) against a reviewable decision, within the meaning of section 95,
made before the commencement; and
(b) started after the commencement.
(4) The appeal may be dealt with by an appeal committee established by the new
control body.
(5) For subsection (4), the steward's decision appealed against is taken to be
a decision made by the steward for the new control body.
(6) This section does not limit section 434(1).
439 Continuation of action started against licensed club under ch 3, pt 4
(1) This section applies if, before the commencement, a former control body--
(a) gave a licensed club a show cause notice under chapter 3, part 4;
and
(b) has not decided whether to take action under the part in relation
to the club.
(2) From the commencement, chapter 3, part 4 continues to apply in relation to
the show cause notice as if the notice had been given by the new control body.
(3) This section does not limit section 434(1).
440 Pt 6 does not affect existing legal relationships
Nothing done under this part in relation to a former control body--
(a) places the new control body in breach of a contract, trust or
confidence or otherwise makes the new control body guilty of a civil
wrong; or
(b) makes the new control body in breach of any instrument, including
an instrument prohibiting, restricting or regulating the assignment,
transfer or assumption of a right or liability; or
(c) is taken to fulfil a condition or otherwise constitute an event--
(i) allowing a person to terminate an instrument or be
released, wholly or partly, from an obligation or modify
the operation or effect of an instrument or obligation; or
(ii) requiring money to be paid, or anything else to be
done, before its stated maturity; or
(d) releases a surety or other obligee, wholly or partly, from an
obligation.
441 Dissolution of Queensland Country Racing Committee and country racing
associations
(1) On the commencement--
(a) the following entities are dissolved--
(i) the Queensland Country Racing Committee;
(ii) all country racing associations; and
(b) the members of the entities go out of office.
(2) No compensation is payable to a member because of subsection (1).
442 No compensation payable
No compensation is payable to any person, including a former control body, or a
member or director of a former control body, for--
(a) the cancellation of an approval or the vesting or divesting of
assets or liabilities or rights or obligations; or
(b) anything else done under this part.
443 References to former control bodies
In an Act or document, a reference to a former control body may, if the context
permits, be taken as a reference to the new control body.
444 Amendment of regulation by Racing and Other Legislation Amendment Act 2010
The amendment of the Racing Regulation 2003 by the Racing and Other Legislation
Amendment Act 2010 does not affect the power of the Governor in Council to
further amend the regulation or to repeal it.
- SCHEDULE 3 DICTIONARY
accepted representations--
(a) for chapter 2, see section 54(2); or
(b) for chapter 3, see section 103(2); or
(b) for chapter 4, part 3, see section 137(2); or
(d) for chapter 6, see section 233.
accreditation application see 129(1).
accreditation certificate see section 132(2).
accreditation holder means the person named in an accreditation certificate as
the holder of the accreditation for the facility named in the certificate.
accredited analyst means--
(a) for an accredited facility--a person named in the accredited
facility's accreditation certificate as an accredited analyst for the
accredited facility; or
(b) for a secondary facility for an accredited facility--a person
named in the accredited facility's accreditation certificate as an
accredited analyst for the secondary facility.
accredited facility means a facility named in an accreditation certificate as
an accredited facility.
accredited veterinary surgeon, for an accredited facility, means a veterinary
surgeon named in the accredited facility's accreditation certificate as an
accredited veterinary surgeon.
Act document, for chapter 8, part 1, division 1, see section 310.
advertising notice see section 13(2)(a).
affected by bankruptcy action, in relation to an individual, means the
individual is insolvent under administration within the meaning of the
Corporations Act, section 9.
agreement, for chapter 4, part 4, see section 142.
allotted, by a control body, means allotted by the control body by publication
in the control body's racing calendar.
analyse includes test.
appeal committee means an appeal committee established by a control body under
its rules of racing to hear appeals against decisions of stewards made for the
control body.
application code, in relation to an approval application, means a code of
racing, or a proposed code of racing, stated in the approval application.
application for a licence means an application under a control body's policies
for a licence that may be issued by the control body.
appropriately qualified, in relation to the exercise of a power, includes
having the qualifications, experience or standing appropriate to exercise the
power.
Example of standing--
The level at which a person is employed by an entity.
approval means--
(a) in relation to an approval applicant, the Minister's approval of
the approval applicant; or
(b) in relation to a control body, the Minister's approval of the
control body.
approval applicant means the applicant named in an approval application as the
applicant.
approval application means an application, made under section 10(1), for
approval of a corporation as a control body for an application code.
approval effect day, in relation to a control body, means the day stated in the
Minister's approval as the day on which the approval takes effect.
approved form means a form approved under section 343.
assessment report means a report under section 18(2) or 19(3) about an approval
application or approval applications.
at, a place, includes in and on the place.
authorised officer see section 261(2).
background document, for chapter 8, part 1, division 1, see section 310.
bet includes the action, behaviour, conduct or performance of a person who,
whether on 1 or more than 1 occasion, does any of the following acts for
himself or herself or for another person, or who cooperates with another person
for the doing of any of the acts--
(a) makes or receives a bet or wager;
(b) pays, receives, negotiates or settles a bet or wager;
(c) offers, agrees or otherwise negotiates--
(i) to bet or wager; or
(ii) to pay, receive or settle a bet or wager.
betting meeting means a meeting held by a licensed club at a licensed venue
under the control of a control body, but at which no race is held.
board chairperson means the chairperson of the integrity board.
board meeting means a meeting of the integrity board.
board member means a member of the integrity board.
bookmaking means the business of receiving or negotiating bets and includes the
settlement of bets.
business address, of a control body, means the business address of the control
body as stated in its approval.
business associate--
(a) means--
(i) for an approval application, means a person whom the
chief executive believes will, if the approval applicant is
approved as a control body, be associated with the
ownership or management of the operations of the control
body; or
(ii) for a corporation approved as a control body, means a
person whom the chief executive believes is associated with
the ownership or management of the operations of the
corporation as a control body; or
(iii) of an applicant for an eligibility certificate, means
a person whom the gaming executive believes will, if the
applicant is licensed as a racing bookmaker, be associated
with the ownership or management of the business conducted
by the racing bookmaker; or
(iv) of a certificate holder who is not licensed as a
racing bookmaker, means a person whom the gaming executive
believes will, if the holder is licensed as a racing
bookmaker, be associated with the ownership or management
of the business conducted by the racing bookmaker; or
(v) of a certificate holder who is licensed as a racing
bookmaker, means a person whom the gaming executive
believes is associated with the ownership or management of
the business conducted by the racing bookmaker; and
(b) includes, for any corporation, an executive officer of the
corporation.
certificate holder means the holder of an eligibility certificate that
continues to have effect.
certified copy, in relation to a racing bookmaker's licence of a corporation,
means a copy of the licence certified as a true copy by the control body that
granted the licence.
closure date see section 14(2).
club means either of the following that has, as part of its objects, the object
of promoting animal racing of a particular breed or type of animal--
(a) a corporation registered under the Corporations Act;
(b) an incorporated association under the Associations Incorporation
Act 1981.
code of racing means any of the following--
(a) thoroughbred racing;
(b) harness racing;
(c) greyhound racing;
(d) another type of animal racing stated in a Minister's approval as
the code of racing for which the approval is given.
code of racing, in relation to a control body, means the code of racing stated
in the approval of the control body as the code of racing for which the
approval is given.
code substance means a substance, other than a drug, that--
(a) is relevant to a control body's code of racing; and
(b) is mentioned in an agreement between the control body and an
accredited facility.
commencement--
(a) for chapter 10, part 4--see section 397; or
(b) for chapter 10, part 5--see section 412; or
(c) for chapter 10, part 6--see section 427.
compliance officer means a person appointed as a compliance officer under
section 261(1)(a).
conduct, for chapter 8, part 1, division 2, see section 314.
confidential information, for chapter 8, part 1, division 1, see section 310.
container includes a bag.
control body means a corporation given a Minister's approval to be the control
body for a code of racing.
control body associate, for a control body, means a business associate or
executive associate of the control body.
control body direction see section 34(2).
control body form means a form approved by a control body for its code of
racing.
control body officer, for chapter 8, part 1, division 1, see section 310.
conviction, of an offence, means being found guilty of the offence, on a plea
of guilty or otherwise, whether or not a conviction is recorded.
copy, for chapter 8, part 1, division 1, see section 310.
corresponding new control body, for chapter 10, part 5, see section 412.
court, for chapter 8, part 1, division 1, see section 310.
criminal history, of a person, means the person's criminal history within the
meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and--
(a) despite section 6 of that Act, includes a conviction of the
person to which the section applies; and
(b) despite section 5 of that Act, includes a charge made against the
person for an offence.
deal, in relation to a thing for analysis, see section 142.
disciplinary action, relating to an accreditation, approval or licence, means 1
or more of the following--
(a) cancelling the accreditation, approval or licence;
(b) suspending the accreditation, approval or licence for a stated
period;
(c) varying the accreditation, approval or licence in either of the
following ways, except if the variation is made as the result of an
application of the accreditation holder, control body or licence
holder--
(i) changing a condition stated in the accreditation,
approval or licence to which it is subject;
(ii) stating a new condition to which the accreditation,
approval or licence is to be subject;
(d) for a licence--
(i) imposing a monetary penalty; or
(ii) closing, for a stated period, premises or part of
premises stated in the licence as premises at which an
activity may be conducted under the licence.
dispose, for chapter 3, part 5, division 4, see section 111.
disqualifying conviction means either of the following--
(a) a conviction, whether or not a spent conviction, for an offence
under--
(i) this Act; or
(ii) the repealed Act; or
(iii) a law of another State, that is prescribed under a
regulation as a law about racing or betting;
(b) a conviction for an indictable offence under another Act or law,
other than an irrelevant spent conviction.
drug means--
(a) a substance mentioned in the Standard for the Uniform Scheduling
of Drugs and Poisons as in force from time to time, published by the
Commonwealth; or
(b) another substance, likely to affect the performance of a licensed
animal, prescribed under a regulation.
drug control, relating to animals or licensed animals, means the control of
drugs and code substances in relation to animals or licensed animals.
electoral commissioner means the person who is the electoral commissioner under
the Electoral Act 1992.
eligibility certificate means an eligibility certificate granted to a person by
the gaming executive stating that, until a date stated in the certificate, the
person is eligible to apply to a control body for a racing bookmaker's licence.
eligible corporation see section 8.
eligible individual see section 9.
employ, for chapter 6, includes--
(a) engage; and
(b) employ or engage whether or not for payment.
exclusion action, relating to a person, means an action taken by a control body
against the person, by which the control body does any of the following under
its rules of racing--
(a) names the person on a list that--
(i) is kept under the control body's rules of racing and
identifies persons whose entitlements under the rules are
forfeited; and
(ii) is, from time to time, published in the control body's
racing calendar;
(b) disqualifies the person from becoming the holder of a licence
issued by the control body;
(c) warns off the person from entering, or remaining at, a licensed
venue, or other place at which trials are or are to be conducted,
when the licensed venue or place is under the control of the control
body.
executive associate--
(a) for an approval application, means an executive officer of a
corporation, partner, trustee, or another person stated by the chief
executive, whom the chief executive believes will, if the approval
applicant is approved as a control body, be associated with the
ownership or management of the operations of the control body; or
(b) for a corporation approved as a control body, means an executive
officer of a corporation, partner, trustee, or another person stated
by the chief executive, whom the chief executive believes is
associated with the ownership or management of the operations of the
corporation as a control body; or
(c) of an applicant for an eligibility certificate, means an
executive officer of a corporation, partner, trustee, or another
person stated by the gaming executive, whom the gaming executive
believes will, if the applicant is licensed as a racing bookmaker, be
associated with the ownership or management of the business conducted
by the racing bookmaker; or
(d) of a certificate holder who is not licensed as a racing
bookmaker, means an executive officer of a corporation, partner,
trustee, or another person stated by the gaming executive, whom the
gaming executive believes will, if the holder is licensed as a racing
bookmaker, be associated with the ownership or management of the
business conducted by the racing bookmaker; or
(e) of a certificate holder who is licensed as a racing bookmaker,
means an executive officer of a corporation, partner, trustee, or
another person stated by the gaming executive, whom the gaming
executive believes is associated with the ownership or management of
the business conducted by the racing bookmaker.
executive officer, of a corporation, means a person who is concerned with, or
takes part in, the corporation's management, whether or not the person is a
director or the person's position is given the name of executive officer.
Note--
This definition also applies to references to an executive officer of
a particular corporation, including, for example, a control body.
facsimile warrant see section 275(4).
forge, for chapter 8, part 1, division 1, see section 310.
former board--
(a) for chapter 10, part 4--see section 397; or
(b) for chapter 10, part 5--see section 412.
former control body see section 427.
gaming executive means the chief executive of the department in which the
Wagering Act 1998 is administered.
gaming executive form means a form approved by the gaming executive under
section 260.
Greyhound Authority means the Greyhound Racing Authority established under the
repealed Act and continued as the control body for greyhound racing until 30
June 2008 under section 359.
Note--
See chapter 10, part 5 for provisions about the dissolution of the
Greyhound Authority.
Harness Racing Board means the Queensland Harness Racing Board established
under the repealed Act and continued as the control body for harness racing
until 30 June 2008 under section 359.
Note--
See chapter 10, part 5 for provisions about the dissolution of the
Harness Racing Board.
holding company, in relation to body corporate, see Corporations Act, section
9.
illegal betting place see section 322.
indictable offence includes an indictable offence dealt with summarily.
information notice, for a decision of the Minister, chief executive, gaming
executive, a control body, an appeal committee or the tribunal, means a notice
stating the following--
(a) the decision;
(b) the date of the decision;
(c) the date the decision takes effect;
(d) the reasons for the decision;
(e) if, under this Act, a person may apply for a review of the
decision--how the person applies for the review and the time within
which the application must be made.
integrity board means the Racing Animal Welfare and Integrity Board established
under section 114.
integrity officer means a person appointed as an integrity officer under
section 261(1)(b).
interfere with, in relation to a licensed animal, for chapter 8, part 1,
division 3, see section 316.
irrelevant spent conviction means a spent conviction relating to an offence
that did not involve dishonesty, fraud, stealing, unlawful betting or unlawful
bookmaking.
keep, in relation to a place, includes the action, behaviour, conduct or
performance of a person who, at any material time, acts or behaves or appears
to act or behave as the person having the care, control or management of that
place at that time.
licence means a licence issued by a control body to the licence holder for 1 of
the following--
(a) an animal suitable for racing in the control body's code of
racing;
(b) a club suitable to be associated with the control body's code of
racing;
(c) a person suitable to be a participant in the control body's code
of racing, including, for example, as an owner of an animal, racing
bookmaker, racing bookmaker's clerk, rider, stable supervisor,
stablehand or trainer;
(d) a venue suitable for race meetings for the control body's code of
racing.
licence holder means--
(a) for an animal or place--the person stated in the licence as the
holder of the licence; or
(b) otherwise--the person who is licensed.
Example of a licence holder for paragraph (a)--
An animal called 'Rocket' may be licensed by a control body. Joan
Rockettes may be the owner of the licensed animal. The licence will
state that Joan Rockettes is the licence holder of the licence for
the licensed animal 'Rocket'.
licensed--
(a) in relation to a control body--means licensed by the control
body; or
(b) otherwise--means licensed by a control body.
licensed animal means--
(a) an animal that is licensed by a control body for its code of
racing; or
(b) an animal that a person presents at a licensed venue, another
place where a trial for licensed animals is or is to be held or any
other place, as if the animal were a licensed animal.
licensed club means a club licensed by a control body to hold race meetings for
the control body's code of racing.
licensed executive officer, of a corporation that is a racing bookmaker, means
an executive officer of the corporation identified in the corporation's racing
bookmaker's licence as an executive officer who may carry on bookmaking for the
corporation under the licence.
licensed venue means a place licensed by a control body as a place at which a
race meeting may be held by a licensed club for the control body's code of
racing.
liquor has the meaning given in the Liquor Act 1992, section 4B.
manage, in relation to a code of racing or proposed code of racing, includes--
(a) regulating activities associated with the code of racing or
proposed code of racing; and
(b) prohibiting some activities, or aspects of an activity,
associated with the code of racing or proposed code of racing.
Ministerial direction means a direction given by the Minister to a control body
under section 45.
Minister's approval means an approval as a control body given by the Minister
to an approval applicant under section 26.
money includes--
(a) bank notes, coins, bank drafts, marketable securities, cheques
and other orders, warrants, authorities or requests for the payment
of money; and
(b) an acknowledgment, note or other thing purporting or intended to
entitle the bearer or another person to money or money's worth.
national police certificate means a document known as a national police
certificate and available from the commissioner of the police service.
net UNiTAB product fee, in relation to a control body, means the amount of the
product fee paid to the control body less the following amounts--
(a) the amount paid by the control body to Queensland Race Product Co
Ltd (ACN 081 743 722) for administrative costs;
(b) the amount paid by the control body to an accredited facility
under an agreement entered into under section 40 by the control body
with the accredited facility.
new control body see section 427.
new greyhound control body, for chapter 10, part 5, see section 412.
new harness control body, for chapter 10, part 5, see section 412.
new thoroughbred control body, for chapter 10, part 4, see section 397.
nominated person, for chapter 4, part 4, see section 142.
non-proprietary club means a club with a constitution that does both of the
following--
(a) provides for the application of all of the club's profits and
other income to the promotion of the club's objects;
(b) prohibits the payment of dividends to the members of the club.
non-proprietary entity, for chapter 3, part 5, division 4, see section 111.
non-TABQ thoroughbred club means a club for which the TABQ does not, or is
unlikely to, offer wagering on the majority of the club's races of thoroughbred
horses.
non-TABQ thoroughbred race means a race of thoroughbred horses on which the
TABQ does not, or is unlikely to, offer wagering.
notice means a written notice.
notice of results see section 147(2).
objector see section 15(1).
occupier of a place--
(a) means any of the following--
(i) the owner or person apparently in charge of the place;
(ii) the person who has the care, management or supervision
of the place or who is conducting a business at the place;
and
(b) includes, for chapter 8, a person employed by, or acting for, a
person mentioned in paragraph (a).
official, of a control body, means a person who holds a position in the control
body that is stated, under the control body's rules of racing, as a position
for which the holder is an official of the control body.
Examples--
A control body's rules of racing may state a holder of the position
of handicapper, starter or steward is an official of the control
body.
owner, for a thing seized under this Act by an authorised officer, includes a
person who would be entitled to possession of the thing had it not been seized.
participant means a person involved with a code of racing, other than--
(a) a club; or
(b) a person who participates merely by doing either or both of the
following--
(i) attending a race meeting;
(ii) placing a bet with a racing bookmaker at a race
meeting.
place includes the following--
(a) land;
(b) premises;
(c) a vehicle.
place of seizure see section 290(a).
policy means a policy made by a control body for its code of racing, under
chapter 3, part 2.
possess a thing--
(a) for chapter 8, part 1, division 3--see section 316; or
(b) otherwise--includes--
(i) have custody of the thing; and
(ii) have control of it at any place, whether or not
someone else has custody of it; and
(iii) have an ability to obtain its custody at will; and
(iv) have a claim to its custody if the claimant has
committed it to the custody of someone, even though the
thing is temporarily not in the control of the person
having the claim.
premises includes--
(a) a building or structure, or part of a building or structure, of
any type; and
(b) a group of buildings or structures, or part of a group of
buildings or structures, of any type.
product fee means the product fee under the Product and Program Agreement
entered into by the Totalisator Administration Board of Queensland, Queensland
Race Product Co Ltd (ACN 081 743 722), Queensland Principal Club, Queensland
Harness Racing Board and Greyhound Racing Authority, dated 9 June 1999.
prohibited thing, for chapter 8, part 1, division 3, see section 316.
proposed action--
(a) for chapter 2, see section 53(2)(a); or
(b) for chapter 3, see section 102(2)(a); or
(c) for chapter 4, part 3, see section 136(2)(a); or
(d) for chapter 6, see section 231(2)(a).
proposed code of racing means a type of animal racing, other than a code of
racing, stated in an approval application as a proposed code of racing.
proposed facility means a facility the subject of an accreditation application.
public place means--
(a) a place, or part of a place, that the public is entitled to use,
is open to members of the public or is used by the public, whether or
not on payment of money; or
(b) a place, or part of a place, the occupier of which allows,
whether or not on payment of money, members of the public to enter.
QCAT registrar means the principal registrar under the QCAT Act.
qualified person see section 285.
race means a contest, contingency or event held under the control of a control
body in which 2 or more licensed animals compete against each other for the
purpose of providing a contest, contingency or event on which bets may be made.
race meeting means--
(a) a meeting for conducting racing of licensed animals; or
(b) a betting meeting.
racing bookmaker means the holder of a racing bookmaker's licence.
racing bookmaker's clerk means the licence holder of a racing bookmaker's clerk
licence.
racing bookmaker's clerk licence means a licence from a control body to be
employed by a racing bookmaker as a clerk in the conduct of the racing
bookmaker's business at a licensed venue.
racing bookmaker's licence means a licence from a control body as a racing
bookmaker for the code of racing that the control body is approved to manage.
racing calendar see section 38(1).
racing contingency, for chapter 8, part 1, division 2, see section 314.
regulation condition see section 30(1).
relevant control body, for chapter 3, part 5, division 4, see section 111.
repealed Act means the Racing and Betting Act 1980.
rider, of an animal, includes--
(a) the driver of the animal; and
(b) the jockey for the animal.
rules of racing means the rules of racing, as in force from time to time, of a
control body for its code of racing, as required under section 91(1).
sample, relating to an animal, means biological or other material taken from or
produced by the animal, and includes blood, faecal material, hair, saliva,
sweat, tissue, urine and vomit.
secondary facility, for an accredited facility, means a facility named in the
accredited facility's accreditation certificate as a secondary facility for the
accredited facility.
show cause notice--
(a) for chapter 2, see section 53(1); or
(b) for chapter 3, see section 102(1); or
(c) for chapter 4, part 3, see section 136(1); or
(d) for chapter 6, see section 231(2).
show cause period--
(a) for chapter 2, see section 53(2)(g); or
(b) for chapter 3, see section 102(2)(e); or
(c) for chapter 4, part 3, see section 136(2)(f); or
(d) for chapter 6, see section 231(2)(d).
spent conviction means a conviction--
(a) for which the rehabilitation period under the Criminal Law
(Rehabilitation of Offenders) Act 1986 has expired under that Act;
and
(b) that is not revived as prescribed under section 11 of that Act.
sporting contingency includes the following whether happening in Queensland or
elsewhere--
(a) a contest, contingency or event relating to animals, other than a
race;
(b) a contest, contingency or event relating to an athletic meeting,
exercise, fight, game, pastime or sport.
staff, relating to a control body, means a person employed by the control body
in any capacity.
steward --
(a) in relation to a control body--means a person appointed as a
steward or deputy steward by the control body; or
(b) otherwise--means a person appointed as a steward or deputy
steward by a control body.
substance, for chapter 4, part 4, see section 142.
substantial holding see Corporations Act, section 9.
TABQ means TAB Queensland Limited ACN 085 691 738.
take, in relation to a sample or thing, includes separating the sample or thing
and placing it in more than 1 container.
thing--
(a) for chapter 4, parts 2 and 4--includes a sample; or
(b) for chapter 7, part 2, division 4--see section 287.
thoroughbred control body means--
(a) until schedule 1, part 2 expires or is omitted--the Thoroughbred
Racing Board; or
(b) after schedule 1, part 2 expires or is omitted--the corporation
approved as the control body for the thoroughbred racing code of
racing.
Note--
Schedule 1, part 2 was omitted on 1 July 2006.
Thoroughbred Racing Board means the Queensland Thoroughbred Racing Board
established under the repealed Act and continued as the control body for
thoroughbred racing until 30 June 2006 under section 359.
Note--
See chapter 10, part 4 for provisions about the dissolution of the
Thoroughbred Racing Board.
trial means a contest, contingency or event held under the control of a control
body for testing or training licensed animals, but is not a contest,
contingency or event on which bets may be made.
tribunal means QCAT.
use, a prohibited thing on a licensed animal, for chapter 8, part 1, division
3, see section 316.
vehicle means anything used for carrying any animal, person or thing by land,
water or air.
venue includes a track.
veterinary surgeon see the Veterinary Surgeons Act 1936, the schedule.
warrant form see section 275(5)(b).
welfare, in relation to animals or licensed animals, means protecting the
health, safety and wellbeing of animals or licensed animals, including, for
example--
(a) drug control relating to animals or licensed animals; and
(b) the prevention and management of diseases that may affect animals
or licensed animals.
- NOTES
Page Date to which amendments incorporated 244 Key 245 Table of reprints 245
Tables in earlier reprints 246 List of legislation 246 List of annotations 248
List of forms notified or published in the gazette 268
This is the reprint date mentioned in the Reprints Act 1992, section 5(c).
Accordingly, this reprint includes all amendments that commenced operation on
or before 1 July 2010. Future amendments of the Racing Act 2002 may be made in
accordance with this reprint under the Reprints Act 1992, section 49.
Key Explanation Key Explanation
AIA = Acts Interpretation Act 1954 (prev) = previously
amd = amended proc = proclamation
amdt = amendment prov = provision
ch = chapter pt = part
def = definition pubd = published
div = division R[X] = Reprint No. [X]
exp = expires/expired RA = Reprints Act 1992
gaz = gazette reloc = relocated
hdg = heading renum = renumbered
ins = inserted rep = repealed
lap = lapsed (retro) = retrospectively
notfd = notified rv = revised edition
num = numbered s = section
o in c = order in council sch = schedule
om = omitted sdiv = subdivision
orig = original SIA = Statutory Instruments Act 1992
p = page SIR = Statutory Instruments
Regulation 2002
para = paragraph SL = subordinate legislation
prec = preceding sub = substituted
pres = present unnum = unnumbered
Reprint No. Amendments included Effective Notes
1 2003 Act No. 30 1 July 2003
1A 2003 Act No. 94 3 December 2003
1B -- 2 July 2004 provs exp 1 July 2004
1C 2004 Act No. 53 29 November 2004
1D 2005 Act No. 4 21 March 2005
1E 2005 Act No. 14 22 April 2005
1F 2005 Act No. 7 1 August 2005
1G 2006 Act No. 18 2 May 2006
1H 2006 Act No. 18 1 July 2006 R1H withdrawn, see R2
2 -- 1 July 2006
2A 2008 Act No. 24 1 July 2008
2B 2008 Act No. 75 30 January 2009
2C 2008 Act No. 75 23 February 2009
2D 2009 Act No. 9 1 July 2009
2E 2009 Act No. 41 15 October 2009
2F 2009 Act No. 24 (amd 2009 1 December 2009
Act No. 48)
2G 2010 Act No. 22 1 July 2010
Name of table Reprint No.
Corrected minor errors 2
(The following information about forms is taken from the gazette and is
included for information purposes only. Because failure by a department to
notify or publish a form in the gazette does not invalidate the form, you
should check with the relevant government department for the latest information
about forms (see Statutory Instruments Act, section 58(8)).)
>
|
