RACING ACT 1999 - TABLE OF PROVISIONS PART 1--PRELIMINARY 1. Name of Act 2. Dictionary 3. Notes PART 2--CONTROL OF RACES FOR THE PURPOSE OF BETTING Division 2.1--Race meetings 4. Restriction on races for the purpose of betting 5. Licensed racecourses 6. Approval of betting at certain race meetings 7. Schedules of race meetings 8. Race meetings to be conducted in compliance with conditions 9. Phantom meetings Division 2.2--Approved rules 10. Application of approved rules of a controlling body 11. Application of approved rules of an ARO 12. Approval of special rules for race meetings 13. Special rules to be made available before a race meeting 14. Application of special rules PART 3--CONTROLLING BODIES Division 3.1--Controlling body for thoroughbred racing 15. Racing club is the controlling body for thoroughbred racing 16. Functions of the racing club 17. Delegation by racing club 18. Racing club--reports and accounts 19. Rules of thoroughbred racing 20. Racing club--appointment of administrator Division 3.2--Controlling body for harness racing 21. Harness club is the controlling body for harness racing 22. Functions of the harness club 23. Delegation by harness club 24. Harness club--reports and accounts 25. Rules of harness racing 26. Harness club--appointment of administrator Division 3.3--Controlling body for greyhound racing 27. Greyhound club is the controlling body for greyhound racing 28. Functions of the greyhound club 29. Delegation by greyhound club 30. Greyhound club--reports and accounts 31. Rules of greyhound racing 32. Greyhound club--appointment of administrator PART 4--APPROVED RACING ORGANISATIONS 33. Approved racing organisations 34. Applications 35. Variation of conditions or approved rules 36. Revocation of approval of AROs 37. AROs must provide reports PART 5--THE RACING APPEALS TRIBUNAL Division 5.1--The tribunal 38. Establishment 39. Functions 40. Membership 41. Constitution for appeals 42. Assessors 43. Powers in relation to witnesses etc 44. Application of Criminal Code, ch 7 45. Rules of the tribunal 46. Registrar of tribunal 46A. Protection from liability for tribunal members Division 5.2--Hearing of appeals 47. Jurisdiction 48. Appeals--filing 49. Suspension of decision pending hearing of the appeal 50. Parties 51. Notice of hearing 52. Representation 53. Bond 54. Hearings to be in public 55. Adjournments 56. Record of proceedings 57. Evidence 58. Procedure for decision by the tribunal 59. Principles on which decisions made 60. Orders etc that may be made by the tribunal 61. Decisions of tribunal final and binding PART 5A--JOCKEYS ACCIDENT INSURANCE 61A. Definitions--pt 5A 61B. Accident insurance arrangements--authorisation 61C. Accident insurance arrangements--operation 61D. Notices relating to accident insurance arrangements PART 5B--USE OF RACE FIELD INFORMATION Division 5B--.1 Limits on use of race field information 61E. Definitions--pt 5B 61F. Offence--use of race field information without approval 61G. Offence--failing to pay race field information charge 61H. Offence--failing to comply with condition on approval 61I. Criminal liability of corporation officers Division 5B--.2 Approval and conditions 61J. Application for approval to use race field information 61K. Issue of approval 61L. Suitable person 61M. Condition on approval--race field information charge 61N. Other conditions of approval 61O. Form of approval 61P. Renewal of approval 61Q. Issue of renewed approval 61R. Revocation of approval Division 5B--.3 Race field information charge 61S. Liability to pay race field information charge 61T. Setting a race field information charge 61U. Race field information fund 61V. Reporting 61W. Commission to undertake functions 61X. Authorisations for Competition and Consumer Act and Competition Code PART 6--NOTIFICATION AND REVIEW OF DECISIONS 62. Meaning of reviewable decision--pt 6 63. Reviewable decision notices 64. Applications for review PART 7--MISCELLANEOUS 66. Regulation-making power 67. Determination of fees SCHEDULE 1 SCHEDULE 2 SCHEDULE 3 DICTIONARY ENDNOTES RACING ACT 1999 - LONG TITLE An Act to regulate thoroughbred racing, harness racing and greyhound racing conducted for the purpose of betting, and for related purposes RACING ACT 1999 - SECT 1 Name of Act This Act is the Racing Act 1999. RACING ACT 1999 - SECT 2 Dictionary The dictionary at the end of this Act is part of this Act. Note 1 The dictionary at the end of this Act defines certain terms used in this Act, and includes references ("signpost definitions") to other terms defined elsewhere in this Act. For example, the signpost definition 'licensed racecourse--section 5.' means that the term 'licensed racecourse' is defined in that section and the definition applies to this Act. Note 2 A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)). RACING ACT 1999 - SECT 3 Notes A note included in this Act is explanatory and is not part of this Act. Note See the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes. RACING ACT 1999 - SECT 4 Restriction on races for the purpose of betting (1) A person must not conduct a race for the purpose of betting, except at an authorised race meeting. Maximum penalty: 100 penalty units. (2) A person must not participate in a race conducted for the purpose of betting, except at an authorised race meeting, as-- (a) rider or driver of an animal; or (b) trainer; or (c) owner; or (d) in a capacity prescribed by regulation. Maximum penalty: 100 penalty units. (3) It is a defence to a charge for an offence against subsection (2) that the person did not know, and had no reason to suppose, that the race was being conducted for the purpose of betting. RACING ACT 1999 - SECT 5 Licensed racecourses (1) A racecourse is a licensed racecourse in relation to a controlling body or an ARO if approved as such by the commission on an application by the body or ARO. (2) A racecourse that was nominated by the ARO under section 34 (1) (c) (ii) is approved as a licensed racecourse in relation to the ARO. (3) The commission may revoke approval of a licensed racecourse in relation to a controlling body or an ARO-- (a) at the request of the controlling body or ARO concerned; or (b) after determining by an inquiry that the approval should be revoked. RACING ACT 1999 - SECT 6 Approval of betting at certain race meetings (1) The commission may approve race meetings for the purposes of betting, in accordance with this section. (2) A controlling body may propose for approval by the commission a race meeting for the purpose of betting that is to be held at a licensed racecourse of the body by another person. (3) In proposing such a race meeting, the controlling body may attach such conditions as it thinks appropriate. RACING ACT 1999 - SECT 7 Schedules of race meetings (1) A controlling body or an ARO must publish from time to time a schedule of race meetings to be held by the body or ARO. (2) The commission may require schedules to be published at times and in a form approved by the commission. (3) A schedule must specify for each authorised race meeting-- (a) the day when it is to be held; and (b) the racecourse where it is to be held; and (c) the person or body who will conduct the meeting; and (d) where any race at the race meeting will be subject to special rules as to racing or betting-- (i) the rules under which the race will be held; and (ii) the rules under which any betting on the race will be conducted; and (iii) an address where members of the public may obtain copies of the rules before the day of the race meeting. RACING ACT 1999 - SECT 8 Race meetings to be conducted in compliance with conditions A person conducting a race meeting must comply with this Act and with any conditions set under section 6 (3) or section 34 (3). Maximum penalty: 50 penalty units. RACING ACT 1999 - SECT 9 Phantom meetings A person must not conduct a race meeting for the purpose of betting without running races at the meeting, other than with the approval in writing of the commission, unless-- (a) the meeting is an authorised race meeting; and (b) races were scheduled to be run at the meeting and nominations called for; and (c) sufficient nominations were received for races to be run at the meeting; and (d) the races were cancelled only because of unforeseen circumstances; and (e) those circumstances did not permit the cancellation to be made more than 2 business days before the meeting. RACING ACT 1999 - SECT 10 Application of approved rules of a controlling body The approved rules of a controlling body apply in relation to-- (a) a person (an affected person) registered with or licensed by-- (i) the controlling body; or (ii) where the registration or licence is of a kind recognised by the controlling body for the purposes of the rules--a corresponding body that deals with racing of the same kind; and (b) an animal registered with or licensed by a body referred to in paragraph (a) (i) or (ii); and (c) a person who was formerly an affected person-- (i) whose registration or licence is under suspension; or (ii) so far as the rules relate to the dealings of the person with an affected person--whose registration or licence is cancelled; and (d) subject to any approval by the commission of special rules--a race meeting conducted by the controlling body; and (e) any premises owned or occupied by the controlling body. RACING ACT 1999 - SECT 11 Application of approved rules of an ARO The approved rules of an ARO apply in relation to-- (a) a person registered with or licensed by the ARO (an affected person); and (b) an animal registered with or licensed by the ARO; and (c) a person who was formerly an affected person-- (i) whose registration or licence is under suspension; or (ii) so far as the rules relate to the dealings of the person with an affected person--whose registration or licence is cancelled; and (d) subject to any approval by the commission of special rules--any authorised race meeting conducted by the ARO; and (e) any premises owned or occupied by the ARO. RACING ACT 1999 - SECT 12 Approval of special rules for race meetings The commission may approve, on the application of a controlling body or an ARO, rules other than the approved rules for a race meeting, or for some races at a race meeting. RACING ACT 1999 - SECT 13 Special rules to be made available before a race meeting A person conducting a race meeting at which special rules will apply must ensure that any member of the public is able to obtain a copy of the rules-- (a) from the time of publication of the relevant schedule under section 7--at the address specified in the schedule; and (b) on the day of the meeting--at the racecourse. Maximum penalty: 50 penalty units. RACING ACT 1999 - SECT 14 Application of special rules (1) Special rules apply in relation to-- (a) the races or race meeting in relation to which they were approved; and (b) a person or animal participating in a race in relation to which they were approved. (2) For this section, where special rules are approved in relation to a race meeting, they are approved in relation to each race at that meeting. RACING ACT 1999 - SECT 15 Racing club is the controlling body for thoroughbred racing (1) The Australian Capital Territory Racing Club Inc. (the racing club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to thoroughbred racing for this Act. (2) The racing club must not amend its constitution without giving the commission 14 days notice in writing. (3) The constitution of the racing club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act. RACING ACT 1999 - SECT 16 Functions of the racing club (1) The functions of the racing club are-- (a) to conduct thoroughbred race meetings and thoroughbred races within the Territory; and (b) to participate in the national body coordinating thoroughbred racing in Australia; and (c) to make or adopt rules to govern the conduct of thoroughbred racing and betting conducted at race meetings; and (d) to prepare and implement plans and strategies for the management of the financial affairs of the thoroughbred racing code and for the development, promotion and marketing of the code; and (e) to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and (f) to advise and inform the Minister as he or she requires. (2) The racing club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to-- (a) the registration of animals; or (b) the endorsement and recognition of disqualifications, licences, permits and defaulters; or (c) any other matter relating to the administration and control of racing. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). RACING ACT 1999 - SECT 17 Delegation by racing club The racing club may delegate its functions under this Act to a member, officer or employee of the racing club. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. RACING ACT 1999 - SECT 18 Racing club--reports and accounts The racing club must give the commission a copy of each report and statement of accounts that it gives to its members. RACING ACT 1999 - SECT 19 Rules of thoroughbred racing (1) The racing club may adopt the Australian Rules of Racing (as adopted by the Australian Racing Board and in force from time to time). (2) Subject to this Act, the racing club may make local rules in accordance with the Australian Rules of Racing. (3) Rules made or adopted by the racing club under this section are not subordinate laws under the Legislation Act. RACING ACT 1999 - SECT 20 Racing club--appointment of administrator (1) The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the racing club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution. Note For the making of appointments, see the Legislation Act, pt 19.3. (2) If the Minister acts under subsection (1), the Minister must ensure that, not later than 7 sitting days after the day the Minister takes the action-- (a) the Legislative Assembly is told of the action; and (b) a copy of the commission's advice is presented to the Assembly. (3) To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1). (4) The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section. RACING ACT 1999 - SECT 21 Harness club is the controlling body for harness racing (1) The Canberra Harness Racing Club Inc. (the harness club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to harness racing for this Act. (2) The harness club must not amend its constitution without giving the commission 14 days notice in writing. (3) The constitution of the harness club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act. RACING ACT 1999 - SECT 22 Functions of the harness club (1) The functions of the harness club are-- (a) to conduct harness race meetings and harness races within the Territory; and (b) to participate in the national body coordinating harness racing in Australia; and (c) to make or adopt rules to govern the conduct of harness racing and betting conducted at race meetings; and (d) to prepare and implement plans and strategies for the management of the financial affairs of the harness racing code and for the development, promotion and marketing of the code; and (e) to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and (f) to advise and inform the Minister as he or she requires. (2) The harness club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to-- (a) the registration of animals; or (b) the endorsement and recognition of disqualifications, licences, permits and defaulters; or (c) any other matter relating to the administration and control of racing. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). RACING ACT 1999 - SECT 23 Delegation by harness club The harness club may delegate its functions under this Act to a member, officer or employee of the harness club. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. RACING ACT 1999 - SECT 24 Harness club--reports and accounts The harness club must give the commission a copy of each report and statement of accounts that it gives to its members. RACING ACT 1999 - SECT 25 Rules of harness racing (1) Subject to this Act, the harness club may make rules for-- (a) the regulation, control and promotion of the sport of harness racing; and (b) the conduct of harness race meetings and harness races within the Territory; and (c) betting conducted at harness race meetings. (2) The harness club may make rules consistent with those made by corresponding bodies in Australia in relation to harness racing. (3) Rules made by the harness club under this section are not subordinate laws under the Legislation Act. RACING ACT 1999 - SECT 26 Harness club--appointment of administrator (1) The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the harness club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution. Note For the making of appointments, see the Legislation Act, pt 19.3. (2) Where the Minister acts under this section, he or she must ensure that-- (a) the Legislative Assembly is informed of the action; and (b) a copy of the advice of the commission is presented to the Assembly; within 7 sitting days after the action. (3) To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1). (4) The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section. RACING ACT 1999 - SECT 27 Greyhound club is the controlling body for greyhound racing (1) The Canberra Greyhound Racing Club Inc. (the greyhound club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to greyhound racing for this Act. (2) The greyhound club must not amend its constitution without giving the commission 14 days notice in writing. (3) The constitution of the greyhound club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act. RACING ACT 1999 - SECT 28 Functions of the greyhound club (1) The functions of the greyhound club are-- (a) to conduct greyhound race meetings and greyhound races within the Territory; and (b) to participate in the national body coordinating greyhound racing in Australia; and (c) to make or adopt rules to govern the conduct of greyhound racing and betting conducted at race meetings; and (d) to prepare and implement plans and strategies for the management of the financial affairs of the greyhound racing code and for the development, promotion and marketing of the code; and (e) to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and (f) to advise and inform the Minister as he or she requires. (2) The greyhound club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to-- (a) the registration of animals; or (b) the endorsement and recognition of disqualifications, licences, permits and defaulters; or (c) any other matter relating to the administration and control of racing. Note A provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity). RACING ACT 1999 - SECT 29 Delegation by greyhound club The greyhound club may delegate its functions under this Act to a member, officer or employee of the greyhound club. Note For the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4. RACING ACT 1999 - SECT 30 Greyhound club--reports and accounts The greyhound club must give the commission a copy of each report and statement of accounts that it gives to its members. RACING ACT 1999 - SECT 31 Rules of greyhound racing (1) Subject to this Act, the greyhound club may make rules for-- (a) the regulation, control and promotion of the sport of greyhound racing; and (b) the conduct of greyhound race meetings and greyhound races within the Territory; and (c) betting conducted at greyhound race meetings. (2) The greyhound club may make rules consistent with those made by corresponding bodies in Australia in relation to greyhound racing. (3) Rules made by the greyhound club under this section are not subordinate laws under the Legislation Act. RACING ACT 1999 - SECT 32 Greyhound club--appointment of administrator (1) The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the greyhound club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution. Note For the making of appointments, see the Legislation Act, pt 19.3. (2) Where the Minister acts under this section, he or she must ensure that-- (a) the Legislative Assembly is informed of the action; and (b) a copy of the advice of the commission is presented to the Assembly; within 7 sitting days after the action. (3) To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1). (4) The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section. RACING ACT 1999 - SECT 33 Approved racing organisations (1) The commission may approve, in accordance with this part, a racing organisation to be an approved racing organisation (an ARO). (2) An ARO may conduct race meetings consisting of races of the kinds specified in its instrument of approval for the purposes of betting. (3) The commission must not approve an ARO to conduct race meetings that include thoroughbred races. RACING ACT 1999 - SECT 34 Applications (1) An applicant for approval to be an ARO must-- (a) be a body corporate; and (b) have the capacity-- (i) to conduct and control race meetings for the purpose of betting; and (ii) ensure that races conducted by it will be conducted honestly and free from criminal influence; and (c) provide to the commission-- (i) a copy of the rules under which it proposes to conduct race meetings (including a specification of the kinds of races); and (ii) the particulars of the racecourse or racecourses where it proposes to conduct race meetings; and (iii) such other information as the commission requires for the purpose of evaluating the application. (2) If the commission is satisfied that-- (a) the applicant satisfies subsection (1) (a) and (b); and (b) the rules referred to in subsection (1) (c) (i) are satisfactory; the commission must approve an application unless it has determined by an inquiry that it would be against the public interest to do so. (3) An approval may be subject to such conditions as the commission thinks appropriate. (4) An approval under this section includes an approval of the rules referred to in subsection (1) (c) (i). (5) If the commission refuses an application, it must give the reasons for the decision in writing. (6) An applicant who is refused approval under subsection (3) on the ground that the commission is satisfied that it would be against the public interest may apply to the Minister for a review of the decision. (7) The Minister, on reviewing the decision, may direct the commission to grant approval to the applicant. (8) A direction by the Minister under subsection (7)-- (a) is a disallowable instrument; and (b) takes effect, unless disallowed, at the end of the period during which it is disallowable. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. RACING ACT 1999 - SECT 35 Variation of conditions or approved rules (1) The commission may, on its own initiative or on the application of an ARO, add to or vary any conditions of approval under section 34 (3). (2) The commission may, on the application of an ARO, approve a change to the rules approved under section 34 (4). (3) In considering whether to act under this section, the commission must satisfy itself as to the matters referred to in section 34 (2), and may require the ARO to provide such information as it requires for that purpose. RACING ACT 1999 - SECT 36 Revocation of approval of AROs (1) If the commission is satisfied, following an inquiry, that an ARO no longer satisfies section 34 (1) (a) or (b), or has contravened a provision of this Act, it may revoke the organisation's approval. (2) If the commission is satisfied that it is no longer in the public interest that an ARO be approved, it may direct the commission to revoke the organisation's approval. (3) A direction by the commission under subsection (2)-- (a) is a disallowable instrument; and (b) takes effect, unless disallowed, at the end of the period during which it is disallowable. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. RACING ACT 1999 - SECT 37 AROs must provide reports An ARO must provide the commission with a copy of each report or statement of accounts of the organisation provided to members or shareholders of the organisation. RACING ACT 1999 - SECT 38 Establishment The Racing Appeals Tribunal is established. RACING ACT 1999 - SECT 39 Functions The functions of the tribunal are-- (a) to hear and determine appeals; and (b) to exercise the functions given to the tribunal by this Act or another Act. RACING ACT 1999 - SECT 40 Membership (1) The tribunal must consist of-- (a) a president; and (b) a deputy president; and (c) 4 other members. (2) The appointment and conditions of office of members of the tribunal must be in accordance with schedule 1. RACING ACT 1999 - SECT 41 Constitution for appeals (1) For the purpose of hearing an appeal, the tribunal must be constituted, subject to subsection (2), by 3 members, of which 1 must be the president or deputy president. (2) If the president is satisfied that an appeal for hearing is of a sufficiently minor nature, the tribunal must be constituted as determined by the president. (3) The tribunal, separately constituted under this section, may sit simultaneously to determine separate matters. RACING ACT 1999 - SECT 42 Assessors (1) The tribunal may have assessors. (2) The president may direct that the tribunal, in hearing an appeal, must be assisted by 1 or more assessors. (3) An assessor assisting the tribunal may assist and advise the tribunal on any matter before it, but must not adjudicate on any matter. (4) The appointment and conditions of office of assessors must be in accordance with schedule 2. RACING ACT 1999 - SECT 43 Powers in relation to witnesses etc (1) The president, the deputy president or the registrar, may, by written notice given to a person, require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following: (a) to give evidence; (b) to produce a stated document or other thing relevant to the hearing. (2) The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following: (a) to take an oath; (b) to answer a question relevant to the hearing; (c) to produce a stated document or other thing relevant to the hearing. Note 1 Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1). Note 2 The Legislation Act, s 170 and s 171 deal with the application of the privilege against selfincrimination and client legal privilege. (3) The tribunal may inspect or make copies of any document or other thing produced before the tribunal and keep it for the reasonable period it considers appropriate. RACING ACT 1999 - SECT 44 Application of Criminal Code, ch 7 An appeal before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences). Note That chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings. RACING ACT 1999 - SECT 45 Rules of the tribunal (1) The tribunal may make rules (the rules of the tribunal ) for the procedure of the tribunal. (2) A rule made under this section is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. RACING ACT 1999 - SECT 46 Registrar of tribunal The chief executive officer must appoint a public servant as the registrar of the tribunal. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). RACING ACT 1999 - SECT 46A Protection from liability for tribunal members (1) A tribunal member is not civilly liable for anything done or omitted to be done honestly and without recklessness-- (a) in the exercise of a function under this Act; or (b) in the reasonable belief that the act or omission was in the exercise of a function under this Act. (2) Any liability that would, apart from this section, attach to a tribunal member attaches instead to the Territory. RACING ACT 1999 - SECT 47 Jurisdiction (1) The tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body, an ARO or another person conducting a race meeting if-- (a) the decision was made, or purported to be made, under the relevant approved rules or special rules; and (b) the decision-- (i) disqualified or suspended a person or animal from participating in events governed by those rules in any particular capacity; or (ii) imposed a fine. (2) The tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body or an ARO that requires a person not to enter a racecourse or training track. RACING ACT 1999 - SECT 48 Appeals--filing An appeal mentioned in section 47 must be filed with the registrar not later than-- (a) 7 days after the day the appellant is told of the decision from which the appeal is made; or (b) if the tribunal allows the appeal to be filed by a later time--that time. RACING ACT 1999 - SECT 49 Suspension of decision pending hearing of the appeal The president or the deputy president of the tribunal may, if satisfied that it is appropriate to do so, order that the operation of the decision appealed against be suspended until the tribunal determines otherwise. RACING ACT 1999 - SECT 50 Parties The parties to an appeal are-- (a) the appellant; and (b) the controlling body, ARO or other person whose decision is being appealed against; and (c) any other person who satisfies the tribunal that the person is directly affected by or interested in the subject matter of the appeal. RACING ACT 1999 - SECT 51 Notice of hearing (1) The tribunal must give a party to an appeal reasonable notice of the time and place at which it intends to hear the appeal. (2) If a party fails to appear at a hearing, in person or by a representative, the tribunal may hear the appeal in that party's absence. RACING ACT 1999 - SECT 52 Representation A party to an appeal may be represented-- (a) by a lawyer; or (b) with the leave of the tribunal, by some other representative. RACING ACT 1999 - SECT 53 Bond (1) An appeal must not be heard by the tribunal unless the appellant has first lodged with the registrar any bond required under the rules of the tribunal . (2) A bond paid by an appellant must not be refunded unless-- (a) the tribunal allows the appeal in whole or in part; or (b) the appellant satisfies the tribunal that the appeal was genuinely instituted on reasonable grounds and not for the purpose of delaying the operation of the decision or order under appeal. RACING ACT 1999 - SECT 54 Hearings to be in public An appeal to the tribunal must be heard in public unless the tribunal, for good reason, determines otherwise. RACING ACT 1999 - SECT 55 Adjournments The tribunal may at any time adjourn the hearing of an appeal as it considers appropriate. RACING ACT 1999 - SECT 56 Record of proceedings The tribunal must keep a record of its proceedings. RACING ACT 1999 - SECT 57 Evidence (1) Except as otherwise determined by the tribunal, an appeal must be conducted by way of rehearing on the evidence at the original hearing, but the tribunal may receive fresh evidence given orally or, if the tribunal so determines, by statutory declaration. (2) The tribunal may inform itself in any way it considers appropriate. (3) The tribunal must give each party to an appeal a reasonable opportunity to make submissions to the tribunal, to give evidence and to call, examine or cross-examine witnesses. RACING ACT 1999 - SECT 58 Procedure for decision by the tribunal (1) A decision by the tribunal must be made by a majority of the members present, with the senior member having a casting vote where there is no majority. (2) For this section, the president must determine the order of seniority of members of the tribunal. RACING ACT 1999 - SECT 59 Principles on which decisions made (1) The tribunal must act according to equity and good conscience and the substantial merits of the case without regard to technicalities and legal forms. (2) The tribunal is not bound by the rules of evidence and may inform itself on any matter as it considers appropriate. RACING ACT 1999 - SECT 60 Orders etc that may be made by the tribunal (1) The tribunal may, on the hearing of an appeal-- (a) affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that could have been made by the original decision-maker; (b) remit the subject matter of the appeal to the person or body that made the decision for further hearing or consideration; or (c) subject to subsection (2), make any other order that the case requires. (2) The tribunal may make an order as to costs if it considers that it would be unjust for each party to bear its own costs. RACING ACT 1999 - SECT 61 Decisions of tribunal final and binding A decision of the tribunal on an appeal is final and binding on the entities affected. RACING ACT 1999 - SECT 61A Definitions--pt 5A In this part: 1987 NSW Act means the Workers Compensation Act 1987 (NSW). 1998 NSW Act means the Workplace Injury Management and Workers Compensation Act 1998 (NSW). "ACT jockey" means a jockey, apprentice jockey or other person who is-- (a) licensed by Racing NSW as an approved rider; and (b) engaged-- (i) to ride a horse for fee or reward at a meeting for horse racing conducted or held by the racing club; or (ii) in riding work in connection with horse racing (but not harness racing) on the racecourse or other premises of the racing club. "applied NSW Acts" means the NSW Acts applied under section 61B. "injury" has the same meaning as in the applied NSW Acts. "NSW Acts" means the 1987 NSW Act and the 1998 NSW Act, including the special insurance scheme for NSW jockeys under those Acts. Note A reference to a law (including a law of another jurisdiction) includes a reference to-- o the law as originally made and as amended (see Legislation Act, s 102); and o the statutory instruments made or in force under the law (see Legislation Act, s 104). "NSW jockey" means a jockey, apprentice jockey or other person who is-- (a) licensed by Racing NSW as an approved rider; and (b) taken to be a worker under the NSW Acts because of the 1998 NSW Act, schedule 1, clause 9 (1) (a) or (c). Note The 1998 NSW Act, schedule 1, clause 9 (1) (a) and (c) applies respectively to a person who is-- engaged to ride a horse for fee or reward at a meeting for horse racing conducted or held by a racing club or association; or engaged in riding work in connection with horse racing (but not harness racing) on the racecourse or other premises of a racing club or association. "Racing NSW"--see the Thoroughbred Racing Act 1996 (NSW), section 3 (Definitions). "special insurance scheme", for NSW jockeys, means the scheme under which Racing NSW provides accident insurance as a specialised insurer for NSW jockeys under the NSW Acts. RACING ACT 1999 - SECT 61B Accident insurance arrangements--authorisation (1) This section applies if Racing NSW is a specialised insurer under the NSW Acts in relation to NSW jockeys. (2) Racing NSW is authorised to provide accident insurance in relation to ACT jockeys. (3) The authorisation under subsection (2) is for Racing NSW to act as a specialised insurer in the ACT-- (a) in the same way that it acts as a specialised insurer in NSW under the NSW Acts in relation to NSW jockeys; and (b) as if the racing club were a racing club under those Acts. (4) Without limiting subsections (2) and (3), the NSW Acts apply in the ACT for those subsections, with any necessary change and any change prescribed by regulation. (5) In particular, a regulation made for subsection (4) may include changes for either or both of the following: (a) excluding a provision of the applied NSW Acts; (b) applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities. RACING ACT 1999 - SECT 61C Accident insurance arrangements--operation (1) To remove any doubt-- (a) under the applied NSW Acts-- (i) an ACT jockey has the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that a NSW jockey would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and (ii) the racing club and Racing NSW have the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that they would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and (b) the applied NSW Acts do not create any right (whether substantive or procedural) in relation to an injury suffered as an ACT jockey that a NSW jockey would not have under the NSW Acts in relation to an injury suffered as a NSW jockey; and (c) except as provided in paragraph (1) (a) (i), an ACT jockey is not entitled to recover damages for an injury suffered as an ACT jockey; and (d) the Limitation Act 1985 does not apply to any claim for compensation or damages by an ACT jockey that is governed by the applied NSW Acts. (2) Subsection (1) (a) and (b) has effect subject to any regulation made for this part, including a regulation made for-- (a) excluding a provision of the applied NSW Acts; or (b) applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities. RACING ACT 1999 - SECT 61D Notices relating to accident insurance arrangements (1) The Minister must prepare a notice if-- (a) Racing NSW becomes a specialised insurer in relation to ACT jockeys because of the grant of a licence under the 1987 NSW Act; or (b) a licence mentioned in paragraph (a)-- (i) is suspended or cancelled; or (ii) expires. (2) The notice must state the following: (a) for the grant of a licence--its duration; (b) for the suspension of a licence--the period of suspension; (c) for the cancellation or expiry of a licence--when the cancellation or expiry happened. (3) A notice under this section is a notifiable instrument. Note A notifiable instrument must be notified under the Legislation Act. RACING ACT 1999 - SECT 61E Definitions--pt 5B In this part: "assessable turnover", of a licensed wagering operator, for a financial year means-- (a) the total amount of bets held on races conducted in the ACT; less (b) the amount of any bet back on any race conducted in the ACT in the year. "bet back" means a bet by a bookmaker on 1 or more runners in a race if the bet is made to offset, completely or partly, the bookmaker's liability for bets made with the bookmaker on the race. "bets held on races conducted in the ACT", by a licensed wagering operator-- (a) means-- (i) all bets and wagers accepted by the operator for any race conducted in the ACT whether or not the actual amount owing has been paid; and (ii) the aggregate of all bets or wagers placed by the operator's customers on a betting exchange for any race conducted in the ACT; but Note Aggregate bets on a betting exchange, is the backer's side of wagers made by the licensed wagering operator's customers through the operation of the betting exchange, whether or not the betting exchange is a party to the wagering contract. (b) does not include-- (i) free or complimentary bets taken for a race conducted in the ACT; or (ii) multi-leg bets that include at least 1 race conducted outside the ACT. "bets paid", in relation to a licensed wagering operator-- (a) means all bets and wagers paid or settled by the operator for any race conducted in the ACT; but (b) does not include-- (i) payments made by the operator on any free or complimentary bets that were accepted; or (ii) payments made by the operator on multi-leg bets that include at least 1 race conducted outside the ACT; or (iii) unclaimed bets or dividends of the operator. "betting exchange"-- (a) means a facility that allows a person-- (i) to place or accept, through the operator of the facility, a wager with another person; or (ii) to place with the operator of the facility a wager that is matched with an opposing wager placed with the operator of the facility; but (b) does not include a facility that allows a person to place a wager only with a person who conducts bookmaking or a totalisator. "licensed wagering operator "means a wagering operator holding a licence or other authority to conduct a wagering business-- (a) under a law of the Territory, a State or an external territory; or (b) issued by a controlling body, a corresponding body, or a racing authority of the Territory, a State or an external territory. Note State includes the Northern Territory--see the Legislation Act, dict, pt 1. "race field information" means information in relation to an authorised race meeting in the ACT that identifies, or is capable of identifying, any of the following: (a) the name, number or time of a race; (b) the name or number of a horse or greyhound nominated for, or otherwise taking part in, a race; (c) the name or number of a horse or greyhound scratched or otherwise withdrawn from a race; (d) the name or number of a rider of a horse nominated for, or otherwise taking part in, a race; (e) the name or number of a trainer of a horse or greyhound nominated for, or otherwise taking part in, a race; (f) the outcome of a race. "racing authority", of the Territory, a State or an external territory, means an entity that controls, supervises or regulates racing in the ACT, State or external territory. "relevant net revenue", of a licensed wagering operator, means bets held on races conducted in the ACT for which the relevant controlling body or ARO has responsibility, less the following: (a) any bet back by the operator on races conducted in the ACT for which the relevant controlling body or ARO has responsibility; (b) bets paid on races conducted in the ACT for which the relevant controlling body or ARO has responsibility. "wagering operator" means-- (a) a bookmaker; 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; or (e) a person who acts as an agent for a person mentioned in paragraph (a), (b), (c) or (d). RACING ACT 1999 - SECT 61F Offence--use of race field information without approval A licensed wagering operator commits an offence if-- (a) the operator uses race field information, in the ACT or elsewhere, for the conduct of the operator's wagering business; and (b) the operator does not have approval to use race field information. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. RACING ACT 1999 - SECT 61G Offence--failing to pay race field information charge A licensed wagering operator commits an offence if-- (a) the operator has approval to use race field information in a financial year; and (b) the operator is liable to pay a race field information charge under section 61S; and (c) the operator has not paid the race field information charge as required under this Act. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. RACING ACT 1999 - SECT 61H Offence--failing to comply with condition on approval A licensed wagering operator commits an offence if-- (a) the operator has approval to use race field information; and (b) the operator does not comply with a condition on the approval that was imposed by the commission. Maximum penalty: 50 penalty units, imprisonment for 6 months or both. RACING ACT 1999 - SECT 61I Criminal liability of corporation officers (1) An officer of a corporation commits an offence if-- (a) the corporation contravenes a provision of this Act; and (b) the contravention is an offence against this Act (the relevant offence); and (c) the officer was reckless about whether the contravention would happen; and (d) the officer was in a position to influence the conduct of the corporation in relation to the contravention; and (e) the officer failed to take all reasonable steps to prevent the contravention. Maximum penalty: The maximum penalty that may be imposed for the commission of the relevant offence by an individual. (2) This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence. (3) However, this section does not apply if the corporation has a defence to a prosecution for the relevant offence. (4) In deciding whether the officer took, or failed to take, all reasonable steps to prevent the contravention, a court must have regard to the following: (a) any action the officer took to ensure the following: (i) that the corporation arranged regular professional assessments of the corporation's compliance with the contravened provision; (ii) that the corporation implemented any appropriate recommendation arising from an assessment; (iii) that the corporation's employees, agents and contractors had a reasonable knowledge and understanding of the requirement to comply with the contravened provision; (b) any action the officer took when the officer became aware that the contravention was, or might be, about to happen. (5) Subsection (4) does not limit the matters to which the court may have regard. (6) In this section: "officer", of a corporation, means-- (a) a director or secretary of the corporation; or (b) a person-- (i) who makes, or takes part in making, decisions that affect all, or a substantial part, of the business of the corporation; or (ii) in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper exercise of functions attaching to the person's professional capacity or business relationship with the directors or the corporation); or (c) a receiver, or receiver and manager, of the corporation's property; or (d) an administrator of the corporation; or (e) an administrator of a deed of company arrangement executed by the corporation; or (f) a liquidator of the corporation; or (g) a trustee or other person administering a compromise or arrangement made between the corporation and someone else. RACING ACT 1999 - SECT 61J Application for approval to use race field information A person may apply to the commission for approval to use race field information. Note 1 If a form is approved under the Gambling and Racing Control Act 1999, s 53D for this provision, the form must be used. Note 2 A fee may be determined under s 67 for this provision. RACING ACT 1999 - SECT 61K Issue of approval (1) If a person applies for approval under section 61J the commission must-- (a) issue the approval; or (b) refuse to issue the approval. (2) The commission must not issue the approval unless satisfied that the applicant is-- (a) a licensed wagering operator; and (b) a suitable person to hold an approval having regard to the matters mentioned in section 61L. Note An approval is subject to certain conditions and may be subject to other conditions imposed by the commission (see s 61M and s 61N). RACING ACT 1999 - SECT 61L Suitable person (1) In deciding whether an applicant is a suitable person to hold an approval the commission must have regard to 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-- (i) the character or business reputation of the corporation's executive officers; and (ii) the current financial position and financial background of the corporation's executive officers; (e) whether a prosecution or disciplinary action is proceeding under racing, gaming or wagering legislation or rules of racing or betting (whether in the Territory or elsewhere) against-- (i) the applicant; or (ii) an employee of the applicant; or (iii) an entity with which the applicant has a business association. (2) In deciding whether an applicant is a suitable person to hold an approval the commission may have regard to any other relevant matter. (3) In this section: "executive officer", of a corporation, means anyone, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation's management. RACING ACT 1999 - SECT 61M Condition on approval--race field information charge An approval issued under section 61K, or a renewal issued under section 61Q, is subject to a condition that the licensed wagering operator pay a race field information charge set under division 5B.3, if liable to do so under that division. RACING ACT 1999 - SECT 61N Other conditions of approval An approval issued under section 61K, or a renewal issued under section 61Q-- (a) is subject to the conditions prescribed by regulation; and (b) may be subject to any other condition imposed by the commission. RACING ACT 1999 - SECT 61O Form of approval An approval to use race field information must include the following: (a) the name and business address of the licensed wagering operator; (b) the date of issue of the approval; (c) the end date of the approval; (d) any condition imposed on the approval under section 61N; (e) an identifying number for the approval. RACING ACT 1999 - SECT 61P Renewal of approval (1) A licensed wagering operator may apply to the commission to renew an approval to use race field information-- (a) before the approval term ends; or (b) if the commission extends the time for an application to renew--before the end of the extended time. Note 1 If a form is approved under the Gambling and Racing Control Act 1999, s 53D for this provision, the form must be used. Note 2 A fee may be determined under s 67 for this provision. (2) To remove any doubt, if the commission extends the time under subsection (1) (b), the approval continues until the end of the extended time. RACING ACT 1999 - SECT 61Q Issue of renewed approval (1) If a licensed wagering operator applies under section 61P to renew an approval, the commission must-- (a) renew the approval; or (b) refuse to renew the approval. (2) The commission must not renew the approval unless satisfied that the applicant is-- (a) a licensed wagering operator; and (b) a suitable person to hold an approval having regard to the matters mentioned in section 61L. Note A renewal is subject to certain conditions and may be subject to other conditions imposed by the commission (see s 61M and s 61N). RACING ACT 1999 - SECT 61R Revocation of approval The commission may revoke the approval of a licensed wagering operator if the operator-- (a) fails to comply with a condition on the approval; or (b) stops being a suitable person to hold an approval having regard to the matters mentioned in section 61L; or (c) stops being a licensed wagering operator; or (d) contravenes a provision of this part. RACING ACT 1999 - SECT 61S Liability to pay race field information charge (1) A licensed wagering operator is liable to pay a race field information charge for a financial year (the "charge year") if-- (a) at the time the operator applies for, or seeks renewal of, approval to use race field information--the assessable turnover of the operator for the most recent complete financial year is more than the amount determined for this section; or (b) if the operator is not liable under paragraph (a)--the assessable turnover of the operator for the charge year is more than the amount determined for this section. (2) An amount paid by a licensed wagering operator as a race field information charge for a financial year must be refunded to the operator if-- (a) the operator has paid the charge for the charge year; and (b) the assessable turnover of the operator for the charge year is not more than the amount determined for this section. (3) A regulation may prescribe the way in which a race field information charge is paid, including the time when payments must be made and refunds given. (4) The Minister may determine an amount for this section. (5) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. RACING ACT 1999 - SECT 61T Setting a race field information charge (1) A controlling body or ARO, before 31 March in a financial year-- (a) may set a race field information charge for the following financial year (the charge year) for the use of race field information in relation to races for which the controlling body or ARO has responsibility; and (b) if a race field information charge is set under paragraph (a)--must give the commission written notice of the charge. (2) A race field information charge set under subsection (1) must-- (a) be a stated percentage of the relevant net revenue of a licensed wagering operator for the charge year; and (b) be inclusive of GST. (3) A race field information charge is a debt due by a licensed wagering operator to the controlling body or ARO that set the charge. (4) If the commission receives a notice under subsection (1) (b), the commission must, before 30 June in the financial year, notify each licensed wagering operator with approval to use race field information of the race field information charge for the charge year. RACING ACT 1999 - SECT 61U Race field information fund (1) The commission must open and maintain a banking account (the race field information fund). (2) A payment into the race field information fund made by a licensed wagering operator discharges the liability under section 61S to the extent of the payment. (3) The following payments must be made out of the race field information fund: (a) to the commission--an administration fee prescribed by regulation; (b) to a controlling body--the race field information charge paid into the fund for the controlling body less any prescribed administration fee; (c) to an ARO--the race field information charge paid into the fund for the ARO less any prescribed administration fee; (d) to a licensed wagering operator--a refund payable to the operator under section 61S (2) (Liability to pay race field information charge). (4) In this section: "banking account" means an account with an authorised deposit-taking institution that is, or is substantially the same as, a bank account. RACING ACT 1999 - SECT 61V Reporting (1) A licensed wagering operator must report to the commission on the assessable turnover and relevant net revenue of the operator. (2) A regulation may prescribe requirements for reporting on the assessable turnover, relevant net revenue and any other matter. RACING ACT 1999 - SECT 61W Commission to undertake functions The commission must undertake functions to facilitate the operation of division 5B.3, including the collection and distribution of the race field information charge. RACING ACT 1999 - SECT 61X Authorisations for Competition and Consumer Act and Competition Code (1) The following things are authorised for the Competition and Consumer Act 2010 (Cwlth) and the Competition Code: (a) an agreement entered into between-- (i) 2 or more controlling bodies or AROs in relation to the appointment of an agent (an appointed agent), or the collection by an agent of a charge payable under this part; or (ii) 1 or more controlling bodies or AROs and any corresponding body of another State or external territory in relation to the appointment of an agent (an appointed agent), or the collection by an agent of a charge payable under this part for the use of race field information; (b) the conduct of a controlling body, an ARO or an appointed agent in negotiating and entering into the agreement; (c) the conduct of a controlling body, an ARO or an appointed agent in performing the agreement. (2) Anything authorised under subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code. (3) In this section: "agreement "includes a contract, arrangement or understanding. "Competition Code"--see the Competition Policy Reform Act 1996, dictionary. RACING ACT 1999 - SECT 62 Meaning of reviewable decision--pt 6 In this part: "reviewable decision" means a decision of the commission mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision. RACING ACT 1999 - SECT 63 Reviewable decision notices If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 3, column 4 in relation to the decision. Note 1 The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A). Note 2 The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008. RACING ACT 1999 - SECT 64 Applications for review The following people may apply to the ACAT for review of a reviewable decision: (a) an entity mentioned in schedule 3, column 4 in relation to the decision; (b) any other person whose interests are affected by the decision. Note If a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used. RACING ACT 1999 - SECT 66 Regulation-making power (1) The Executive may make regulations for this Act. Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act. (2) The regulations may-- (a) specify the manner in which a controlling body is to fulfil its functions under this Act; (b) provide in relation to the operations and functions of the tribunal; and (c) limit the jurisdiction of the tribunal in relation to any of the approved or special rules by excluding appeals in relation to-- (i) fines of less than an amount specified; or (ii) suspensions shorter than a length of time specified. RACING ACT 1999 - SECT 67 Determination of fees (1) The Minister may determine fees for this Act. Note The Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3). (2) A determination is a disallowable instrument. Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act. RACING ACT 1999 - SCHEDULE 1 Schedule 1 Members of the tribunal (see s 40) 1.1 Tribunal members--appointment (1) Members of the tribunal are to be appointed by the Minister. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). (2) The president and deputy president must be lawyers of not less than 5 years standing. (3) A person is not eligible to be a member of the tribunal if the person is-- (a) an officer or employee of a controlling body; (b) registered with or licensed by a controlling body under the approved rules (otherwise than as the owner of a horse or dog that is so registered or licensed); or (c) registered with or licensed by a corresponding body (otherwise than as the owner of a horse or dog that is so registered or licensed), if the registration or licence is of a kind recognised by a controlling body for the approved rules. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). 1.3 Tribunal members--term A member of the tribunal must be appointed for a term not longer than 3 years. 1.4 Tribunal members--ending of appointment (1) The Minister must end the appointment of a member of the tribunal if the member-- (a) ceases to be eligible for membership in the relevant capacity; or (b) becomes bankrupt or personally insolvent; or Note Bankrupt or personally insolvent--see the Legislation Act, dictionary, pt 1. (c) fails to disclose an interest as required by section 1.7. (2) The Minister may end the appointment of a member of the tribunal for misbehaviour or physical or mental incapacity. Note A person's appointment also ends if the person resigns (see Legislation Act, s 210). 1.6 Tribunal members--leave of absence The Minister may grant a member of the tribunal leave of absence on the terms and conditions about remuneration and otherwise that the Minister decides. 1.7 Tribunal members--disclosure of interests (1) This section applies if a member has or acquires an interest that could conflict with the member's proper exercise of his or her functions as a member of the tribunal as constituted for a hearing. (2) A member must tell the president when it becomes apparent that this section applies in relation to the member. (3) As far as is reasonably possible, the tribunal must be constituted or reconstituted for the hearing so that the member concerned is not involved. (4) If circumstances require the member to be, or remain, on the tribunal as constituted for the hearing-- (a) the member must disclose the interest to the parties; and (b) the member must not take part in the hearing, or exercise any powers in relation to it, except with the consent of all the parties. RACING ACT 1999 - SCHEDULE 2 Schedule 2 Assessors of the tribunal (see s 42) 2.1 Assessors--appointment Assessors are to be appointed by the Minister from among people who the Minister is satisfied have special knowledge of or experience in the racing industry. Note 1 For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3. Note 2 In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207). Note 3 Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3). 2.2 Assessors--term An assessor must be appointed for a term not longer than 3 years. Note A person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint). 2.3 Assessors--ending of appointments (1) The Minister must end the appointment of an assessor if the assessor fails to disclose an interest as required by section 2.5. (2) The Minister may end the appointment of an assessor for misbehaviour or physical or mental incapacity. Note A person's appointment also ends if the person resigns (see Legislation Act, s 210). 2.5 Assessors--disclosure of interests An assessor-- (a) must tell the president if it becomes apparent that the assessor has or has acquired an interest that could conflict with the assessor's proper exercise of his or her functions as assessor of the tribunal in a hearing; and (b) must not take part in the hearing. RACING ACT 1999 - SCHEDULE 3 Schedule 3 Reviewable decisions (see pt 6) column 1item column 2section column 3decision column 4entity 1 6 (1) refuse to approve race meeting for purpose of betting applicant for approval 2 7 (2) impose requirement about time and form of publication of schedules controlling body or ARO 3 9 refuse to approve conduct of phantom race meeting applicant for approval 4 12 refuse to approve rules other than approved rules applicant for approval 5 61K (1) (b) refuse to issue approval applicant for approval 6 61N (b) issue approval on condition applicant for approval 7 61N (b) renew approval on condition licensed wagering operator 8 61Q (1) (b) refuse to renew approval licensed wagering operator 9 61R revoke approval the person whose approval was revoked RACING ACT 1999 - NOTES Dictionary Dictionary (see s 2) Note 1 The Legislation Act contains definitions and other provisions relevant to this Act. Note 2 For example, the Legislation Act, dict, pt 1, defines the following terms: o ACAT o entity o external territory o gambling and racing commission o GST o Legislative Assembly o Minister (see s 162) o penalty unit (see s 133) o reviewable decision notice o sitting day o State. 1987 NSW Act, for part 5A (Jockeys accident insurance)--see section 61A. 1998 NSW Act, for part 5A (Jockeys accident insurance)--see section 61A. "ACT jockey", for part 5A (Jockeys accident insurance)--see section 61A. "applied NSW Acts", for part 5A (Jockeys accident insurance)--see section 61A. "approved rules" means-- (a) in relation to the racing club--the rules of thoroughbred racing; and (b) in relation to the harness club--the rules of harness racing; and (c) in relation to the greyhound club--the rules of greyhound racing; and (d) in relation to an ARO--the rules approved under section 34 (4) in relation to the ARO, or as later varied under section 35 (2). "ARO" means an approved racing organisation approved under section 33. "assessable turnover", for part 5B (Use of race field information)--see section 61E. "authorised race meeting" means a race meeting-- (a) conducted by a controlling body or an ARO in accordance with this Act; or (b) approved by the commission under section 6; and listed in a schedule published in accordance with section 7. "bet back", for part 5B (Use of race field information)--see section 61E. "bets held on races conducted in the ACT", for part 5B (Use of race field information)--see section 61E. "bets paid", for part 5B (Use of race field information)--see section 61E. "betting exchange, "for part 5B (Use of race field information)--see section 61E. "chief executive officer" means the chief executive officer of the gambling and racing commission. "commission" means the Gambling and Racing Commission established by the Gambling and Racing Control Act 1999. "controlling body" means-- (a) the racing club; or (b) the harness racing club; or (c) the greyhound racing club. "corresponding body" means a body in another jurisdiction, within or outside Australia, that performs functions similar to those of a controlling body. "deputy president" means the deputy president of the tribunal referred to in section 40. "director", in relation to a controlling body, means a person occupying or acting in the position of a director of the body, by whatever name called. "greyhound club" means the Canberra Greyhound Racing Club Inc. referred to in section 27. "harness club" means the Canberra Harness Racing Club Inc. referred to in section 21. "injury", for part 5A (Jockeys accident insurance)--see section 61A. "inquiry", in relation to the commission, means an inquiry conducted by the commission in accordance with the Gambling and Racing Control Act 1999. "licensed racecourse"--see section 5. "licensed wagering operator, "for part 5B (Use of race field information)--see section 61E." " "NSW Acts," for part 5A (Jockeys accident insurance)--see section 61A. "NSW jockey," for part 5A (Jockeys accident insurance)--see section 61A. "president" means the president of the tribunal referred to in section 40. "race" means-- (a) a thoroughbred race; or (b) a harness race; or (c) a greyhound race; or (d) a race of a kind prescribed by regulation. "race field information, "for part 5B (Use of race field information)--see section 61E. "race field information charge "means a race field information charge set under section 61T. "race meeting" means an event at which races are conducted. "racing authority, "for part 5B (Use of race field information)--see section 61E. "racing club" means the Australian Capital Territory racing club Inc. referred to in section 15. "Racing NSW," for part 5A (Jockeys accident insurance)--see the Thoroughbred Racing Act 1996 (NSW), section 3. "registrar" means the registrar of the tribunal appointed under section 46. "relevant net revenue" for part 5B (Use of race field information)--see section 61E. "reviewable decision", for part 6 (Notification and review of decisions)--see section 62. "rules of greyhound racing" means the rules made under section 31. "rules of harness racing" means the rules made under section 25. "rules of the tribunal" means the rules of procedure made under section 45. "rules of thoroughbred racing" means the rules made or adopted under section 19. "special insurance scheme", for NSW jockeys, for part 5A (Jockeys accident insurance)--see section 61A. "special rules" means rules of racing or betting approved under section 12. "tribunal" means the Racing Appeals Tribunal established under part 5. "wagering operator, "for part 5B (Use of race field information)--see section 61E. RACING ACT 1999 - NOTES Endnotes Endnotes 1 About the endnotes Amending and modifying laws are annotated in the legislation history and the amendment history. Current modifications are not included in the republished law but are set out in the endnotes. Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel's Office. Uncommenced amending laws and expiries are listed in the legislation history and the amendment history. These details are underlined. Uncommenced provisions and amendments are not included in the republished law but are set out in the last endnote. If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. The endnotes also include a table of earlier republications. 2 Abbreviation key A = Act NI = Notifiable instrument AF = Approved form o = order am = amended om = omitted/repealed amdt = amendment ord = ordinance AR = Assembly resolution orig = original ch = chapter par = paragraph/subparagraph CN = Commencement notice pres = present def = definition prev = previous DI = Disallowable instrument (prev...) = previously dict = dictionary pt = part disallowed = disallowed by the Legislative r = rule/subrule Assembly reloc = relocated div = division renum = renumbered exp = expires/expired R[X] = Republication No Gaz = gazette RI = reissue hdg = heading s = section/subsection IA = Interpretation Act 1967 sch = schedule ins = inserted/added sdiv = subdivision LA = Legislation Act 2001 SL = Subordinate law LR = legislation register sub = substituted LRA = Legislation (Republication) Act 1996 underlining = whole or part not commenced mod = modified/modification or to be expired 3 Legislation history Racing Act 1999 A1999-1 notified 26 February 1999 (Gaz 1999 No S7) s 1, s 2 commenced 26 February 1999 (s 2 (1)) remainder commenced 2 July 2001 (s 2 (2), Gaz 2001 No S42 and IA s 10C) as amended by Gambling and Racing Control (Consequential Provisions) Act 1999 A1999-47 sch notified 17 September 1999 (Gaz 1999 No S54) s 1, s 2 commenced 17 September 1999 (s 2 (1)) sch commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63) Legislation (Consequential Amendments) Act 2001 A2001-44 pt 319 notified 26 July 2001 (Gaz 2001 No 30) s 1, s 2 commenced 26 July 2001 (IA s 10B) pt 319 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65) Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.21 notified LR 5 December 2003 s 1, s 2 commenced 5 December 2003 (LA s 75 (1)) sch 3 pt 3.21 commenced 19 December 2003 (s 2) Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.29 notified LR 19 March 2004 s 1, s 2 commenced 19 March 2004 (LA s 75 (1)) sch 1 pt 1.29 commenced 13 April 2004 (s 2 and CN2004-5) Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.26 notified LR 26 October 2005 s 1, s 2 commenced 26 October 2005 (LA s 75 (1)) sch 1 pt 1.26 commenced 23 November 2005 (s 2) Racing (Jockeys Accident Insurance) Amendment Act 2006 A2006-7 notified LR 16 March 2006 s 1, s 2 commenced 16 March 2006 (LA s 75 (1)) remainder commenced 17 March 2006 (s 2) Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.19 notified LR 26 October 2006 s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2)) sch 3 pt 3.19 commenced 16 November 2006 (s 2 (1)) ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.86 notified LR 4 September 2008 s 1, s 2 commenced 4 September 2008 (LA s 75 (1)) sch 1 pt 1.86 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2) Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.62 notified LR 1 September 2009 s 1, s 2 commenced 1 September 2009 (LA s 75 (1)) sch 3 pt 3.62 commenced 22 September 2009 (s 2) Racing Amendment Act 2009 A2009-53 notified LR 15 December 2009 s 1, s 2 commenced 15 December 2009 (La s 75 (1)) remainder commenced 1 March 2010 (s 2) Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010-54 sch 3 pt 3.20 notified LR 16 December 2010 s 1, s 2 commenced 16 December 2010 (LA s 75 (1)) sch 3 pt 3.20 commenced 1 January 2011 (s 2 (1)) Statute Law Amendment Act 2011 A2011-3 sch 1 pt 1.5 notified LR 22 February 2011 s 1, s 2 commenced 22 February 2011 (LA s 75 (1)) sch 1 pt 1.5 commenced 1 March 2011 (s 2) Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.129 notified LR 30 June 2011 s 1, s 2 commenced 30 June 2011 (LA s 75 (1)) sch 1 pt 1.129 commenced 1 July 2011 (s 2 (1)) 4 Amendment history Name of Acts 1 sub A2003-56 amdt 3.179 Dictionarys 2 om A2001-44 amdt 1.3513 ins A2003-56 amdt 3.181 Notess 3 defs reloc to dict A2003-56 amdt 3.180 def penalty unit om A2001-44 amdt 1.3514 sub A2003-56 amdt 3.181 Licensed racecoursess 5 am A1999-47 sch; A2003-56 amdt 3.182; ss renum R2 LA (see A2003-56 amdt 3.183) Approval of betting at certain race meetingss 6 am A1999-47 sch Schedules of race meetingss 7 am A1999-47 sch Phantom meetingss 9 am A1999-47 sch Application of approved rules of a controlling bodys 10 am A1999-47 sch Application of approved rules of an AROs 11 am A1999-47 sch Approval of special rules for race meetingss 12 am A1999-47 sch Racing club is the controlling body for thoroughbred racings 15 am A1999-47 sch Functions of the racing clubs 16 am A2003-56 amdt 3.184; A2006-42 amdt 3.175 Delegation by racing clubs 17 sub A2003-56 amdt 3.185 Racing club--reports and accountss 18 hdg sub A2006-42 amdt 3.153s 18 am A1999-47 sch Rules of thoroughbred racings 19 am A2001-44 amdt 1.3515 Racing club--appointment of administrators 20 hdg sub A2006-42 amdt 3.154s 20 am A1999-47 sch; A2006-42 amdt 3.155, amdt 3.156, amdt 3.174; A2008-37 amdt 1.409; A2009-20 amdt 3.169 Harness club is the controlling body for harness racings 21 am A1999-47 sch Functions of the harness clubs 22 am A2003-56 amdt 3.186; A2006-42 amdt 3.175 Delegation by harness clubs 23 sub A2003-56 amdt 3.187 Harness club--reports and accountss 24 hdg sub A2006-42 amdt 3.157s 24 am A1999-47 sch Rules of harness racings 25 am A2001-44 amdt 1.3516 Harness club--appointment of administrators 26 hdg sub A2006-42 amdt 3.158s 26 am A1999-47 sch; A2006-42 amdt 3.159, amdt 3.160, amdt 3.174; A2008-37 amdt 1.410 Greyhound club is the controlling body for greyhound racings 27 am A1999-47 sch Functions of the greyhound clubs 28 am A2003-56 amdt 3.188; A2006-42 amdt 3.175 Delegation by greyhound clubs 29 sub A2003-56 amdt 3.189 Greyhound club--reports and accountss 30 hdg sub A2006-42 amdt 3.161s 30 am A1999-47 sch Rules of greyhound racings 31 am A2001-44 amdt 1.3517 Greyhound club--appointment of administrators 32 hdg sub A2006-42 amdt 3.162s 32 am A1999-47 sch; A2006-42 amdt 3.163, amdt 3.164, amdt 3.174; A2008-37 amdt 1.411 Approved racing organisationss 33 am A1999-47 sch Applicationss 34 am A1999-47 sch am A2001-44 amdt 1.3518, amdt 1.3519 Variation of conditions or approved ruless 35 am A1999-47 sch Revocation of approval of AROss 36 am A1999-47 sch am A2001-44 amdt 1.3520, amdt 1.3521 AROs must provide reportss 37 am A1999-47 sch Functionss 39 am A2003-56 amdt 3.190 Powers in relation to witnesses etcs 43 am A2003-56 amdt 3.191 sub A2005-53 amdt 1.131 Application of Criminal Code, ch 7s 44 sub A2005-53 amdt 1.131 Rules of the Tribunals 45 am A2001-44 amdt 1.3512 Registrar of tribunals 46 sub A2006-42 amdt 3.165 (2)-(4) exp 16 November 2007 (s 46 (4) (LA s 88 declaration applies)) am A2011-22 amdt 1.371 Protection from liability for tribunal memberss 46A ins A2006-42 amdt 3.166 Appeals--filings 48 sub A2009-20 amdt 3.170 Representations 52 am A2003-56 amdt 3.192 Jockeys accident insurancept 5A hdg ins A2006-7 s 4 Decisions of the tribunal final and bindings 61 am A2006-42 amdt 3.167 Definitions--pt 5As 61A ins A2006-7 s 4 def 1987 NSW Act ins A2006-7 s 4 def 1998 NSW Act ins A2006-7 s 4 def ACT jockey ins A2006-7 s 4 def applied NSW Acts ins A2006-7 s 4 def injury ins A2006-7 s 4 def NSW Acts ins A2006-7 s 4 def NSW jockey ins A2006-7 s 4 def Racing NSW ins A2006-7 s 4 def special insurance scheme ins A2006-7 s 4 Accident insurance arrangements--authorisations 61B ins A2006-7 s 4 Accident insurance arrangements--operations 61C ins A2006-7 s 4 Notices relating to accident insurance arrangementss 61D ins A2006-7 s 4 Use of race field informationpt 5B hdg ins A2009-53 s 4 Limits on use of race field informationdiv 5B.1 hdg ins A2009-53 s 4 Definitions--pt 5Bs 61E ins A2006-7 s 4 exp 17 March 2009 (s 61E (2) (LA s 88 declaration applies)) ins A2009-53 s 4 def assessable turnover ins A2009-53 s 4 def bet back ins A2009-53 s 4 def bets held on races conducted in the ACT ins A2009-53 s 4 def bets paid ins A2009-53 s 4 def betting exchange ins A2009-53 s 4 def licensed wagering operator ins A2009-53 s 4 def race field information ins A2009-53 s 4 def racing authority ins A2009-53 s 4 def relevant net revenue ins A2009-53 s 4 def wagering operator ins A2009-53 s 4 Offence--use of race field information without approvals 61F ins A2009-53 s 4 Offence--failing to pay race field information charges 61G ins A2009-53 s 4 Offence--failing to comply with condition on approvals 61H ins A2009-53 s 4 Criminal liability of corporation officerss 61I ins A2009-53 s 4 Approval and conditionsdiv 5B.2 hdg ins A2009-53 s 4 Application for approval to use race field informations 61J ins A2009-53 s 4 Issue of approvals 61K ins A2009-53 s 4 Suitable persons 61L ins A2009-53 s 4 Condition on approval--race field information charges 61M ins A2009-53 s 4 Other conditions of approvals 61N ins A2009-53 s 4 Form of approvals 61O ins A2009-53 s 4 Renewal of approvals 61P ins A2009-53 s 4 Issue of renewed approvals 61Q ins A2009-53 s 4 Revocation of approvals 61R ins A2009-53 s 4 Race field information chargediv 5B.3 hdg ins A2009-53 s 4 Liability to pay race field information charges 61S ins A2009-53 s 4 Setting a race field information charges 61T ins A2009-53 s 4 Race field information funds 61U ins A2009-53 s 4 Reportings 61V ins A2009-53 s 4 Commission to undertake functionss 61W ins A2009-53 s 4 Authorisations for Competition and Consumer Act and Competition Codes 61X hdg am A2010-54 amdt 3.48s 61X ins A2009-53 s 4 am A2010-54 amdt 3.49 Notification and review of decisionspt 6 hdg sub A2008-37 amdt 1.412 Meaning of reviewable decision--pt 6s 62 sub A2003-56 amdt 3.193; A2006-42 amdt 3.168; A2008-37 amdt 1.412 Reviewable decision noticess 63 sub A2006-42 amdt 3.169; A2008-37 amdt 1.412 Applications for reviews 64 om A2004-9 amdt 1.39 ins A2008-37 amdt 1.412 Feess 65 om A2001-44 amdt 1.3523 Miscellaneouspt 7 hdg sub A2008-37 amdt 1.412 Regulation-making powers 66 hdg sub A2001-44 amdt 1.3524s 66 am A2001-44 amdt 1.3525 Determination of feess 67 om A2006-42 amdt 3.170 ins A2009-53 s 5 Repeals 68 om R1 (IA s 43 (3)) Consequential amendments of other Actss 69 om R1 (IA s 43 (3)) Members of the tribunalsch 1 ss renum R4 LA Tribunal members--appointmentsch 1 s 1 1 hdg sub R6 LAsch 1 s 1.1 am A2003-56 amdts 3.194-3.196 Acting appointmentssch 1 s 1.2 am A2003-56 amdt 3.197 om A2006-42 amdt 3.171 Tribunal members--termsch 1 s 1.3 hdg sub R6 LAsch 1 s 1.3 sub A2003-56 amdt 3.198 Tribunal members--ending of appointmentsch 1 s 1.4 hdg am R6 LAsch 1 s 1.4 sub A2003-56 amdt 3.198 am A2006-42 amdt 3.172; A2011-3 amdt 1.9 Remuneration and allowancessch 1 s 1.5 om A2003-56 amdt 3.198 Tribunal members--leave of absencesch 1 s 1.6 hdg am R6 LA Tribunal members--disclosure of interestssch 1 s 1.7 hdg am R6 LA Assessors of the tribunalsch 2 ss renum R4 LA Assessors--appointmentsch 2 s 2.1 hdg sub R6 LAsch 2 s 2.1 am A2003-56 amdt 3.199; A2006-42 amdt 3.175 Assessors--termsch 2 s 2.2 hdg sub R6 LAsch 2 s 2.2 sub A2003-56 amdt 3.200 Assessors--ending of appointmentssch 2 s 2.3 hdg am R6 LAsch 2 s 2.3 sub A2003-56 amdt 3.200 Remuneration and allowancessch 2 s 2.4 om A2003-56 amdt 3.200 Assessors--disclosure of interestssch 2 s 2.5 hdg am R6 LA Reviewable decisionssch 3 om R1 (IA s 43 (3)) ins A2008-37 amdt 1.413 am A2009-53 s 6 Dictionarydict ins A2003-56 amdt 3.201 am A2006-42 amdt 3.173; A2007-38 amdt 1.414; A2009-53 s 7; A2011-22 amdt 1.372 def 1987 NSW Act ins A2009-20 amdt 3.171 def 1998 NSW Act ins A2009-20 amdt 3.171 def ACT jockey ins A2009-20 amdt 3.171 def applied NSW Acts A2009-20 amdt 3.171 def approved rules reloc from s 3 A2003-56 amdt 3.180 def ARO reloc from s 3 A2003-56 amdt 3.180 def assessable turnover ins A2009-53 s 8 def authorised race meeting am A1999-47 sch reloc from s 3 A2003-56 amdt 3.180 def bet back ins A2009-53 s 8 def bets held on races conducted in the ACT ins A2009-53 s 8 def bets paid ins A2009-53 s 8 def betting exchange ins A2009-53 s 8 def chief executive ins A1999-47 sch reloc from s 3 A2003-56 amdt 3.180 om A2011-22 amdt 1.373 def chief executive officer ins A2011-22 amdt 1.373 def commission ins A1999-47 sch reloc from s 3 A2003-56 amdt 3.180 def controlling body reloc from s 3 A2003-56 amdt 3.180 def corresponding body reloc from s 3 A2003-56 amdt 3.180 def deputy president reloc from s 3 A2003-56 amdt 3.180 def director reloc from s 3 A2003-56 amdt 3.180 def greyhound club reloc from s 3 A2003-56 amdt 3.180 def harness club reloc from s 3 A2003-56 amdt 3.180 def injury ins A2009-20 amdt 3.171 def inquiry ins A1999-47 sch reloc from s 3 A2003-56 amdt 3.180 def licensed racecourse reloc from s 3 A2003-56 amdt 3.180 def licensed wagering operator ins A2009-53 s 8 def NSW Acts ins A2009-20 amdt 3.171 def NSW jockey ins A2009-20 amdt 3.171 def president reloc from s 3 A2003-56 amdt 3.180 def race reloc from s 3 A2003-56 amdt 3.180 def race field information ins A2009-53 s 8 def race field information charge ins A2009-53 s 8 def race meeting reloc from s 3 A2003-56 amdt 3.180 def racing authority ins A2009-53 s 8 def racing club reloc from s 3 A2003-56 amdt 3.180 def Racing NSW ins A2009-20 amdt 3.171 def registrar reloc from s 3 A2003-56 amdt 3.180 def relevant net revenue ins A2009-53 s 8 def reviewable decision ins A2008-37 amdt 1.415 def rules of greyhound racing reloc from s 3 A2003-56 amdt 3.180 def rules of harness racing reloc from s 3 A2003-56 amdt 3.180 def rules of the tribunal reloc from s 3 A2003-56 amdt 3.180 def rules of thoroughbred racing reloc from s 3 A2003-56 amdt 3.180 def special insurance scheme ins A2009-20 amdt 3.171 def special rules reloc from s 3 A2003-56 amdt 3.180 def tribunal reloc from s 3 A2003-56 amdt 3.180 def wagering operator ins A2009-53 s 8 5 Earlier republications Some earlier republications were not numbered. The number in column 1 refers to the publication order. Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register. A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1. Electronic and printed versions of an authorised republication are identical. Republication No and date Effective Last amendment made by Republication for R0A10 Jan 2008 2 July 2001-11 Sept 2001 A1999-47 amendments by A1999-47 R112 Sept 2001 12 Sept 2001-18 Dec 2003 A2001-44 amendments by A2001-44 R219 Dec 2003 19 Dec 2003-12 Apr 2004 A2003-56 amendments by A2003-56 R313 Apr 2004 13 Apr 2004-22 Nov 2005 A2004-9 amendments by A2004-9 R423 Nov 2005 23 Nov 2005-16 Mar 2006 A2005-53 amendments by A2005-53 R517 Mar 2006 17 Mar 2006-15 Nov 2006 A2006-7 amendments by A2006-7 R616 Nov 2006 16 Nov 2006-16 Nov 2007 A2006-42 amendments by A2006-42 R717 Nov 2007 17 Nov 2007-1 Feb 2009 A2006-42 commenced expiry R82 Feb 2009 2 Feb 2009-17 Mar 2009 A2008-37 amendments by A2008-37 R918 Mar 2009 18 Mar 2009-21 Sept 2009 A2008-37 commenced expiry R1022 Sept 2009 22 Sept 2009-28 Feb 2010 A2009-20 amendments by A2009-20 R111 Mar 2010 1 Mar 2010-31 Dec 2010 A2009-53 amendments by A2009-53 R121 Jan 2011 1 Jan 2011-28 Feb 2011 A2010-54 amendments by A2010-54 R131 Mar 2011 1 Mar 2011-30 June 2011 A2011-3 amendments by A2011-3 (c) Australian Capital Territory 2011 RACING ACT 1999 - NOTES Australian Capital Territory A1999-1 Republication No 14 Effective: 1 July 2011 Republication date: 1 July 2011 Last amendment made by A2011-22Unauthorised version prepared by ACT Parliamentary Counsel's Office About this republication The republished law This is a republication of the Racing Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 1 July 2011 . It also includes any commencement, amendment, repeal or expiry affecting this republished law to 1 July 2011 . The legislation history and amendment history of the republished law are set out in endnotes 3 and 4. Kinds of republications The Parliamentary Counsel's Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at www.legislation.act.gov.au): o authorised republications to which the Legislation Act 2001 applies o unauthorised republications. The status of this republication appears on the bottom of each page. Editorial changes The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice. This republication does not include amendments made under part 11.3 (see endnote 1). Uncommenced provisions and amendments If a provision of the republished law has not commenced, the symbol U appears immediately before the provision heading. Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register (www.legislation.act.gov.au). For more information, see the home page for this law on the register. Modifications If a provision of the republished law is affected by a current modification, the symbol M appears immediately before the provision heading. The text of the modifying provision appears in the endnotes. For the legal status of modifications, see the Legislation Act 2001, section 95. Penalties At the republication date, the value of a penalty unit for an offence against this law is $110 for an individual and $550 for a corporation (see Legislation Act 2001, s 133). Australian Capital Territory Racing Act 1999 Endnotes Australian Capital Territory Racing Act 1999