Queensland Consolidated Acts Queensland Consolidated Actsaccepted 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 section 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 acknowledgement, 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.