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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Greyhound Racing Amendment (Greyhound
Racing Integrity Commission) Bill 2016
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
Overview of Bill
The object of this Bill is to amend the Greyhound Racing Act 2009 as follows:
(a) to constitute the Greyhound Racing Integrity Commission (GRIC) as a NSW Government
agency that will, subject to Ministerial control, have functions relating to the control,
supervision and regulation of greyhound racing in the State,
(b) to confer other functions on GRIC, including the existing regulatory, registration and
rule-making functions of Greyhound Racing New South Wales (which will no longer be the
greyhound regulatory authority for the State and will exercise its functions in accordance
with a memorandum of understanding with GRIC),
(c) to provide for the appointment of a Greyhound Racing Integrity Commissioner who will
manage and control the affairs of GRIC and for the establishment of a Board of GRIC,
(d) to provide for the establishment of an Animal Welfare Committee to advise GRIC on
matters relating to the welfare of greyhounds (the Committee will replace the Greyhound
Racing Industry Consultation Group which will be abolished),
(e) to provide that a person who is found guilty of a live baiting offence under the Prevention
of Cruelty to Animals Act 1979 will be banned for life from participating in or associating
with greyhound racing,
(f) to prevent the sale of public land used for greyhound racing from being sold except with the
approval of Parliament,
b2016-106.d06
Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Explanatory note
(g) to make a number of other amendments of an administrative nature or that are consequential
on the establishment of GRIC and the conferral on GRIC of most of the existing regulatory
functions exercised by Greyhound Racing New South Wales.
Outline of provisions
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on 1 July 2017.
Schedule 1 amends the Greyhound Racing Act 2009 for the purposes described in the above
overview.
Schedule 2 contains amendments to other legislation that are consequential on the establishment
of GRIC and other amendments made by Schedule 1.
Page 2
Introduced by Mr M J Daley, MP First print
New South Wales
Greyhound Racing Amendment (Greyhound
Racing Integrity Commission) Bill 2016
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Greyhound Racing Act 2009 No 19 3
Schedule 2 Amendment of other legislation 15
b2016-106.d06
New South Wales
Greyhound Racing Amendment (Greyhound
Racing Integrity Commission) Bill 2016
No , 2016
A Bill for
An Act to amend the Greyhound Racing Act 2009 to provide for the establishment of a Greyhound
Racing Integrity Commission to control and regulate greyhound racing; and for other purposes.
Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Greyhound Racing Amendment (Greyhound Racing Integrity 3
Commission) Act 2016. 4
2 Commencement 5
This Act commences on 1 July 2017. 6
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Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
Schedule 1 Amendment of Greyhound Racing Act 2009 No 19 1
[1] Section 3 Definitions 2
Insert in alphabetical order in section 3 (1): 3
Animal Welfare Committee means the Animal Welfare Committee 4
established under Part 2A. 5
Commissioner means the Greyhound Racing Integrity Commissioner 6
appointed under Part 1A. 7
GRIC means the Greyhound Racing Integrity Commission constituted under 8
Part 1A. 9
GRIC Board means the Board of the Greyhound Racing Integrity 10
Commission established under Part 1A. 11
[2] Section 3 (1), definitions of "eligible industry body", "GRICG" and "Integrity Auditor" 12
Omit the definitions. 13
[3] Section 3 (1), definition of "racing official" 14
Omit the definition. Insert instead: 15
racing official means a steward appointed by GRIC or any other member of 16
staff of GRIC. 17
[4] Part 1A 18
Insert after Part 1: 19
Part 1A Greyhound Racing Integrity Commission 20
Division 1 Constitution and management of GRIC 21
3A Constitution of GRIC 22
(1) There is constituted by this Act a body corporate with the corporate name of 23
the Greyhound Racing Integrity Commission. 24
(2) GRIC is, for the purposes of any Act, a NSW Government agency. 25
Note. See section 13A of the Interpretation Act 1987. 26
3B Ministerial control 27
GRIC is subject to the control and direction of the Minister in the exercise of 28
its functions. 29
3C Appointment of Commissioner 30
(1) The Governor may, on the recommendation of the Minister, appoint a 31
Greyhound Racing Integrity Commissioner. 32
(2) A person who is, or has at any time been, a person associated with greyhound 33
racing is not eligible to be appointed as the Commissioner. 34
(3) Schedule 1A contains provisions relating to the Commissioner. 35
(4) The Minister may, from time to time, appoint a person to act in the office of 36
the Commissioner during the illness or absence of the Commissioner (or 37
during a vacancy in the office of Commissioner) and the person, while so 38
acting, has all the functions of the Commissioner and is taken to be the 39
Commissioner. 40
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Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
(5) The Minister may, at any time, remove a person from office as acting 1
Commissioner. 2
(6) An acting Commissioner is entitled to be paid such remuneration (including 3
travelling and subsistence allowances) as the Minister may from time to time 4
determine in respect of the person. 5
3D Commissioner to manage and control affairs of GRIC 6
(1) The affairs of GRIC are to be managed and controlled by the Commissioner in 7
accordance with the general policies and strategic direction determined by the 8
GRIC Board and subject to any direction by the Minister. 9
(2) Any act, matter or thing done in the name of, or on behalf of, GRIC by the 10
Commissioner is taken to have been done by GRIC. 11
3E GRIC Board 12
(1) There is to be a Board of the Greyhound Racing Integrity Commission. 13
(2) The GRIC Board is to consist of the following members: 14
(a) the Commissioner, 15
(b) 2 other members appointed by the Minister (the appointed members). 16
Note. Schedule 1AA contains provisions relating to the members and procedure of the 17
GRIC Board. 18
(3) The appointed members are to be persons who, in the opinion of the Minister, 19
have skills and experience relevant to matters arising under this Act and that 20
will assist GRIC in attaining its objectives. 21
(4) A person who is, or has at any time been, a person associated with greyhound 22
racing is not eligible to be appointed as a member of the GRIC Board. 23
(5) The GRIC Board has the following functions: 24
(a) to determine the general policies and strategic direction of GRIC, 25
(b) to oversee the performance of the activities of GRIC, 26
(c) to give the Minister any information relating to the activities of GRIC 27
that the Minister requests. 28
3F Staff 29
Persons may be employed in the Public Service under the Government Sector 30
Employment Act 2013 to enable GRIC to exercise its functions. 31
Note. Section 59 of the Government Sector Employment Act 2013 provides that the 32
persons so employed (or whose services GRIC makes use of) may be referred to as 33
officers or employees, or members of staff, of GRIC. Section 47A of the Constitution 34
Act 1902 precludes GRIC from employing staff. 35
Division 2 Objectives and functions of GRIC 36
3G Principal objectives of GRIC 37
The principal objectives of GRIC in exercising its functions are as follows: 38
(a) to ensure and protect the integrity of greyhound racing in the State, 39
(b) to maintain, protect and enhance animal welfare standards in the 40
greyhound racing industry, 41
(c) to maintain transparency in the greyhound racing industry, including 42
ensuring that records relating to greyhounds that are bred for the 43
purposes of racing are made publicly available. 44
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Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
3H Functions of GRIC 1
(1) GRIC has the functions conferred or imposed on it by or under this or any 2
other Act or law. 3
(2) Without limiting subsection (1), the functions of GRIC include the following: 4
(a) to control, supervise and regulate greyhound racing in the State, 5
(b) to register greyhound racing clubs, greyhound trial tracks, greyhounds, 6
owners and trainers of greyhounds, bookmakers for greyhound racing 7
and other persons associated with greyhound racing. 8
3I Duty to report contravention of greyhound welfare legislation 9
If GRIC, a member of staff of GRIC or a steward appointed by GRIC becomes 10
aware of any serious or repeated contravention of any legislation relating to 11
the welfare of greyhounds, the contravention is to be reported to the RSPCA 12
or the Animal Welfare League. 13
3J Memorandum of understanding with GRNSW 14
(1) GRIC is to enter into a memorandum of understanding with GRNSW in 15
relation to the exercise of their respective functions (including the sharing of 16
assets, staff and resources). 17
(2) The memorandum of understanding may be amended, revoked or replaced 18
from time to time. 19
(3) The functions of GRIC and GRNSW are, as far as practicable, to be exercised 20
in accordance with the memorandum of understanding. 21
(4) Without limiting any other provision of this section, GRIC and GRNSW are, 22
to the maximum extent possible, to act in a complementary manner so as to 23
achieve a unified administration of this Act. 24
[5] Section 6 Membership 25
Omit "or eligible industry body" from section 6 (2) (b). 26
[6] Section 6 (5) 27
Omit "or of an eligible industry body". 28
[7] Section 9 Functions of GRNSW 29
Omit section 9 (2) (a) and (b). 30
[8] Section 9 (2) (f) and (g) 31
Insert after section 9 (2) (e): 32
(f) to promote the welfare of greyhounds, 33
(g) to publish material, including periodical publications, to inform the 34
public about matters relating to greyhound racing, whether in the State 35
or elsewhere. 36
[9] Sections 10, 11, 17-23, 29-31, 39, 41 and 46 37
Omit "GRNSW" wherever occurring. Insert instead "GRIC". 38
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Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
[10] Section 10 Miscellaneous functions of GRIC 1
Insert after section 10 (2) (c): 2
(c1) without limiting paragraph (c), conduct inquiries and investigations into 3
any matter relating to greyhound racing (including systemic issues) on 4
its own motion or as a result of a complaint made by any person to 5
GRIC, 6
(c2) in conducting any inquiry or investigation under this Act, summon a 7
person to appear before it to give evidence on oath or by affirmation 8
and, for that purpose, administer an oath to, or take an affirmation from, 9
any such person, 10
(c3) consult with the RSPCA and the Animal Welfare League in developing 11
or making changes to legislation relating to the welfare of greyhounds, 12
[11] Section 10 (2) (p) 13
Omit the paragraph. 14
[12] Sections 10 and 11 (as amended by this Schedule) 15
Renumber sections 10 and 11 as sections 3K and 3L respectively and transfer those 16
renumbered sections to Part 1A in appropriate order. 17
[13] Section 12 Consultation and planning 18
Omit "GRICG" wherever occurring in section 12 (2) and (3). Insert instead "GRIC". 19
[14] Section 15 Arrangements for use of staff and facilities of HRNSW or Racing New 20
South Wales 21
Omit the section. 22
[15] Part 2A 23
Insert after Part 2: 24
Part 2A Animal Welfare Committee 25
16A Establishment of Animal Welfare Committee 26
(1) The Animal Welfare Committee is established. 27
(2) The Animal Welfare Committee is to consist of the following members 28
appointed by the Minister: 29
(a) a person who, in the opinion of the Minister, has relevant experience 30
and knowledge relating to the ethics of animal welfare, 31
(b) a person nominated by the GRIC Board who has extensive experience 32
in, and knowledge of, animal welfare at a senior level, 33
(c) a person who is registered under the Veterinary Practice Act 2003 as a 34
veterinary practitioner and who is working in private practice. 35
Note. Schedule 1AA contains provisions relating to the members and procedure of the 36
Animal Welfare Committee. 37
16B Functions of Animal Welfare Committee 38
(1) The Animal Welfare Committee has the following functions: 39
(a) to provide advice to GRIC, whether on its own initiative or at the 40
request of GRIC, on any matter relating to the welfare of greyhounds 41
including the formulation of welfare policies and standards, 42
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Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
(b) such other functions as are conferred or imposed on it by or under this 1
or any other Act. 2
(2) GRIC is, in exercising its functions, to have regard to any advice it receives 3
from the Animal Welfare Committee. 4
[16] Section 22A 5
Insert after section 22: 6
22A Life ban for committing live baiting offence 7
If a court finds a person guilty of committing an offence under 8
section 21 (1) (d) or (e) of the Prevention of Cruelty to Animals Act 1979: 9
(a) the person's registration (if any) under this Act is automatically 10
cancelled, and 11
(b) the person is permanently disqualified from participating in or 12
associating with greyhound racing in any capacity. 13
[17] Part 3, Division 3, heading 14
Omit "Greyhound Racing Integrity Auditor". 15
Insert instead "Complaints against racing officials". 16
[18] Sections 25, 26 and 28 17
Omit the sections. 18
[19] Section 27 Inquiries and investigations by GRIC in relation to complaint 19
Omit "the Integrity Auditor" and "The Integrity Auditor" wherever occurring. 20
Insert instead "GRIC". 21
[20] Section 30 Greyhound Racing clubs to provide information and documents 22
Omit "referred to in section 9 (2) (a) or (c) or 29". 23
[21] Part 5 Greyhound Racing Industry Consultation Group 24
Omit the Part. 25
[22] Sections 41A and 41B 26
Insert after section 41: 27
41A Annual report to include additional matters 28
The annual report of GRIC required to be prepared under the Annual Reports 29
(Statutory Bodies) Act 1984 must include the following particulars: 30
(a) the outcome of any greyhound breeding management system 31
administered by GRIC during the reporting period, 32
(b) any disciplinary action taken by GRIC during the reporting period 33
against any person or body in respect of a breach of a rule, 34
(c) any testing for the presence of a prohibited substance carried out on any 35
greyhound during the reporting period and the outcome of such testing, 36
(d) any investigation into alleged breaches of any code of conduct or 37
practice or guidelines relating to animal welfare conducted by GRIC 38
during the reporting period and the outcome of any such investigation, 39
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Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
(e) any prosecution for an offence relating to the welfare of greyhounds 1
brought by the RSPCA, the Animal Welfare League or the NSW Police 2
Force during the reporting period and the outcome of any such 3
prosecution, 4
(f) the action taken by GRIC during the reporting period to promote and 5
maintain the welfare of greyhounds, 6
(g) the following statistical information: 7
(i) the number, as at the end of the reporting period, of registered 8
greyhound racing tracks, registered greyhound trial tracks, 9
registered greyhounds and persons associated with greyhound 10
racing who are registered, 11
(ii) the number of holders of racecourse licences for meetings for 12
greyhound racing as at the end of the reporting period, 13
(iii) the number of litters of greyhounds registered during the 14
reporting period, 15
(iv) the number of greyhounds injured and in respect of which a 16
period of 21 days or more of incapacitation is imposed during the 17
reporting period, 18
(v) the number of certificates of euthanasia of greyhounds issued by 19
veterinary practitioners during the reporting period, 20
(vi) the number of greyhounds transferred into greyhound adoption 21
programs during the reporting period and the number of 22
greyhounds adopted under any such program, 23
(h) details of complaints received by GRIC under this Act and the action 24
taken in relation to any such complaint. 25
41B Restriction on sale of public land used for greyhound racing 26
Any public land used for greyhound racing cannot be sold, leased or disposed 27
of except with the approval of both Houses of Parliament. 28
[23] Sections 42-44 29
Omit the sections. Insert instead: 30
42 Delegation 31
(1) GRIC may delegate the exercise of its functions (other than this power of 32
delegation) to: 33
(a) the Commissioner, or 34
(b) a member of the GRIC Board, or 35
(c) a member of staff of GRIC. 36
(2) GRNSW may delegate the exercise of its functions to: 37
(a) a member of GRNSW or the chief executive officer of GRNSW, or 38
(b) a member of staff of GRNSW. 39
43 Protection from personal liability 40
Anything done or omitted to be done by: 41
(a) GRIC or GRNSW, or 42
(b) the Commissioner, or 43
(c) the GRIC Board, or 44
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Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
(d) the Animal Welfare Committee, or 1
(e) the chief executive officer of GRNSW, or 2
(f) a steward appointed under this Act by GRIC, or 3
(g) a person acting under the direction of GRIC, the GRIC Board, the 4
Commissioner or GRNSW, 5
does not, if the thing was done or omitted to be done in good faith for the 6
purposes of executing this or any other Act, subject the Commissioner, any 7
member of the GRIC Board, the Animal Welfare Committee or GRNSW (as 8
the case requires), the chief executive officer, the steward or the person so 9
acting personally to any action, liability, claim or demand. 10
44 Authentication of certain documents 11
Any summons, process, demand, order, notice, statement, direction or other 12
document requiring authentication by GRIC is sufficiently authenticated 13
without the seal of GRIC if signed by the Commissioner or a member of staff 14
of GRIC authorised to do so by the Commissioner. 15
[24] Section 45 Proof of certain matters not required 16
Omit the section. 17
[25] Schedules 1A and 1AA 18
Insert before Schedule 1: 19
Schedule 1A Provisions relating to Commissioner 20
(Section 3C) 21
1 Term of office 22
The Commissioner holds office for such term, not exceeding 5 years, as may 23
be specified in the instrument of appointment, but is eligible (if otherwise 24
qualified) for re-appointment. 25
2 Full-time office 26
The office of Commissioner is a full-time office and the holder of the office is 27
required to hold it on that basis, except to the extent permitted by the Minister. 28
3 Employment and remuneration 29
(1) The employment of the Commissioner is (subject to this Schedule) to be 30
governed by a contract of employment between the Commissioner and the 31
Minister. 32
(2) The following provisions of or made under the Government Sector 33
Employment Act 2013 relating to the employment of Public Service senior 34
executives apply to the Commissioner (but in the application of those 35
provisions a reference to the employer of any such executive is to be read as a 36
reference to the Minister): 37
(a) provisions relating to the band in which an executive is to be employed, 38
(b) provisions relating to the contract of employment of an executive, 39
(c) provisions relating to the remuneration, employment benefits and 40
allowances of an executive, 41
(d) provisions relating to the termination of employment of an executive. 42
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Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
4 Vacancy in office 1
(1) The office of Commissioner becomes vacant if the holder: 2
(a) dies, or 3
(b) completes a term of office and is not re-appointed, or 4
(c) resigns the office by instrument in writing addressed to the Minister, or 5
(d) becomes bankrupt, applies to take the benefit of any law for the relief of 6
bankrupt or insolvent debtors, compounds with his or her creditors or 7
makes an assignment of his or her remuneration for their benefit, or 8
(e) becomes a mentally incapacitated person, or 9
(f) is convicted in New South Wales of an offence that is punishable by 10
imprisonment for 12 months or more or is convicted elsewhere than in 11
New South Wales of an offence that, if committed in New South Wales, 12
would be an offence so punishable, or 13
(g) is removed from office under clause 3. 14
(2) If the office of Commissioner becomes vacant, a person is, subject to this Act, 15
to be appointed to fill the vacancy. 16
5 Commissioner not Public Service employee 17
The office of Commissioner is a statutory office and the provisions of the 18
Government Sector Employment Act 2013 relating to the employment of 19
Public Service employees do not apply to that office (except as provided by 20
clause 3). 21
Schedule 1AA Provisions relating to GRIC Board and 22
Animal Welfare Committee 23
(Sections 3E and 16A) 24
1 Definitions 25
In this Schedule: 26
appointed member of a body means a member of the body who is appointed 27
by the Minister. 28
body means: 29
(a) the GRIC Board, or 30
(b) the Animal Welfare Committee. 31
member of a body means any member of the body. 32
2 Chairperson 33
(1) Of the appointed members of a body, one is (in and by the member's 34
instrument of appointment or in and by another instrument executed by the 35
Minister) to be appointed as Chairperson of the body. 36
(2) The Minister may remove an appointed member from the office of 37
Chairperson at any time. 38
(3) A person who is a member and Chairperson of a body vacates office as 39
Chairperson if the person: 40
(a) is removed from that office by the Minister, or 41
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Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
(b) resigns that office by instrument in writing addressed to the Minister, or 1
(c) ceases to be a member. 2
3 Deputies of appointed members 3
(1) The Minister may, from time to time, appoint a person to be the deputy of an 4
appointed member, and the Minister may revoke any such appointment. 5
(2) In the absence of an appointed member, the member's deputy: 6
(a) is, if available, to act in the place of the member, and 7
(b) while so acting, has all the functions of the member and is taken to be a 8
member. 9
(3) The deputy of an appointed member who is Chairperson of a body has the 10
member's functions as Chairperson. 11
(4) A person while acting in the place of an appointed member is entitled to be 12
paid such remuneration (including travelling and subsistence allowances) as 13
the Minister may from time to time determine in respect of the person. 14
4 Terms of office 15
Subject to this Schedule, an appointed member holds office for such period 16
(not exceeding 3 years) as may be specified in the member's instrument of 17
appointment, but is eligible (if otherwise qualified) for re-appointment. 18
5 Remuneration 19
An appointed member is entitled to be paid such remuneration (including 20
travelling and subsistence allowances) as the Minister may from time to time 21
determine in respect of the member. 22
6 Vacancy in office of appointed member 23
(1) The office of an appointed member becomes vacant if the member: 24
(a) dies, or 25
(b) completes a term of office and is not re-appointed, or 26
(c) resigns the office by instrument in writing addressed to the Minister, or 27
(d) is removed from office by the Minister under this clause, or 28
(e) is absent from 4 consecutive meetings of the body concerned of which 29
reasonable notice has been given to the member personally or in the 30
ordinary course of post, except on leave granted by the body or unless, 31
before the expiration of 4 weeks after the last of those meetings, the 32
member is excused by the body for having been absent from those 33
meetings, or 34
(f) becomes bankrupt, applies to take the benefit of any law for the relief of 35
bankrupt or insolvent debtors, compounds with his or her creditors or 36
makes an assignment of his or her remuneration for their benefit, or 37
(g) becomes a mentally incapacitated person, or 38
(h) is convicted in New South Wales of an offence that is punishable by 39
imprisonment for 12 months or more or is convicted elsewhere than in 40
New South Wales of an offence that, if committed in New South Wales, 41
would be an offence so punishable. 42
(2) The Minister may remove any appointed member from office at any time. 43
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7 Filling of vacancy in office of appointed member 1
If the office of an appointed member becomes vacant, a person is, subject to 2
this Act, to be appointed to fill the vacancy. 3
8 Disclosure of pecuniary interests by members 4
(1) If: 5
(a) a member of a body has a pecuniary interest in a matter being 6
considered or about to be considered at a meeting of the body, and 7
(b) the interest appears to raise a conflict with the proper performance of the 8
member's duties in relation to the consideration of the matter, 9
the member must, as soon as possible after the relevant facts have come to the 10
member's knowledge, disclose the nature of the interest at a meeting of the 11
body. 12
(2) A disclosure by a member of a body at a meeting of the body that the member: 13
(a) is a member, or is in the employment, of a specified company or other 14
body, or 15
(b) is a partner, or is in the employment, of a specified person, or 16
(c) has some other specified interest relating to a specified company or 17
other body or to a specified person, 18
is a sufficient disclosure of the nature of the interest in any matter relating to 19
that company or other body or to that person which may arise after the date of 20
the disclosure and which is required to be disclosed under subclause (1). 21
(3) Particulars of any disclosure made under this clause must be recorded by the 22
body concerned in a book kept for the purpose and that book must be open at 23
all reasonable hours to inspection by any person at any reasonable time for no 24
charge. 25
(4) After a member of a body has disclosed the nature of an interest in any matter, 26
the member must not, unless the Minister or body otherwise determines: 27
(a) be present during any deliberation of the body with respect to the 28
matter, or 29
(b) take part in any decision of the body with respect to the matter. 30
(5) For the purpose of the making of a determination by a body under 31
subclause (4), a member who has a pecuniary interest in a matter to which the 32
disclosure relates must not: 33
(a) be present during any deliberation of the body for the purpose of making 34
the determination, or 35
(b) take part in the making by the body of the determination. 36
(6) A contravention of this clause does not invalidate any decision of the body 37
concerned. 38
9 Pecuniary interests required to be disclosed 39
(1) For the purposes of clause 8, a pecuniary interest is an interest that a person 40
has in a matter because of a reasonable likelihood or expectation of 41
appreciable financial gain or loss to the person or another person with whom 42
the person is associated as provided by subclauses (3)-(5). 43
(2) A person does not have a pecuniary interest in a matter if the interest is so 44
remote or insignificant that it could not reasonably be regarded as likely to 45
influence any decision the person might make in relation to the matter. 46
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(3) For the purposes of clause 8, a person has a pecuniary interest in a matter if the 1
pecuniary interest is the interest of: 2
(a) the person, or 3
(b) another person with whom the person is associated as provided by this 4
clause. 5
(4) A person is taken to have a pecuniary interest in a matter if: 6
(a) the person's spouse or de facto partner or a relative of the person, or a 7
partner or employer of the person, has a pecuniary interest in the matter, 8
or 9
(b) the person, or a nominee, partner or employer of the person, is a member 10
of a company or other body that has a pecuniary interest in the matter. 11
(5) However, a person is not taken to have a pecuniary interest in a matter as 12
referred to in subclause (4): 13
(a) if the person is unaware of the relevant pecuniary interest of the spouse, 14
de facto partner, relative, partner, employer or company or other body, 15
or 16
(b) just because the person is a member of, or is employed by, a statutory 17
body or is employed by the Crown, or 18
(c) just because the person is a member of a company or other body that has 19
a pecuniary interest in the matter, so long as the person has no beneficial 20
interest in any shares of the company or body. 21
10 Effect of certain other Acts 22
(1) The provisions of the Government Sector Employment Act 2013 relating to the 23
employment of Public Service employees do not apply to an appointed 24
member. 25
(2) If by or under any Act provision is made: 26
(a) requiring a person who is the holder of a specified office to devote the 27
whole of his or her time to the duties of that office, or 28
(b) prohibiting the person from engaging in employment outside the duties 29
of that office, 30
the provision does not operate to disqualify the person from holding that office 31
and also the office of an appointed member or from accepting and retaining 32
any remuneration payable to the person under this Act as such a member. 33
(3) The office of an appointed member is not, for the purposes of any Act, an 34
office or place of profit under the Crown. 35
11 General procedure 36
The procedure for the calling of meetings of a body and for the conduct of 37
business at those meetings is, subject to this Act and the regulations, to be as 38
determined by the body. 39
12 Quorum 40
The quorum for a meeting of a body is a majority of the members for the time 41
being. 42
Page 13
Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Schedule 1 Amendment of Greyhound Racing Act 2009 No 19
13 Presiding member 1
(1) The Chairperson of a body or, in the absence of the Chairperson, another 2
member of the body elected to chair the meeting by the members present is to 3
preside at a meeting of the body. 4
(2) The person presiding at any meeting of a body has a deliberative vote and, in 5
the event of an equality of votes, has a second or casting vote. 6
14 Voting 7
A decision supported by a majority of the votes cast at a meeting of a body at 8
which a quorum is present is the decision of the body. 9
15 First meeting 10
The Minister is to call the first meeting of a body in such manner as the 11
Minister thinks fit. 12
[26] Schedule 2 Provisions relating to GRICG 13
Omit the Schedule. 14
[27] Schedule 3 Savings, transitional and other provisions 15
Insert after Part 2: 16
Part 3 Provisions consequent on enactment of Greyhound 17
Racing Amendment (Greyhound Racing Integrity 18
Commission) Act 2016 19
20 Dissolution of Greyhound Racing Industry Consultation Group 20
(1) The Greyhound Racing Industry Consultation Group is dissolved. 21
(2) The persons who were members of the Greyhound Racing Industry 22
Consultation Group immediately before its dissolution cease to be members 23
and are not entitled to any remuneration or compensation because of the loss 24
of that office. 25
21 Construction of references to GRNSW 26
A reference in any other Act or in any statutory or other instrument, or in any 27
contract or agreement, to GRNSW is to be construed as including a reference 28
to GRIC. 29
Page 14
Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Schedule 2 Amendment of other legislation
Schedule 2 Amendment of other legislation 1
2.1 Australian Jockey and Sydney Turf Clubs Merger Act 2010 No 93 2
[1] Section 10 Appointment of directors of merged racing club 3
Omit "Greyhound Racing New South Wales" from section 10 (4) (e). 4
Insert instead "the Greyhound Racing Integrity Commission". 5
[2] Schedule 1 Mandatory corporate governance provisions 6
Omit the definition of GRNSW from clause 1 (1). Insert instead: 7
GRIC means the Greyhound Racing Integrity Commission constituted under 8
the Greyhound Racing Act 2009. 9
[3] Schedule 1, clauses 5 (3) (d) and 7 (1) (j) 10
Omit "GRNSW" wherever occurring. Insert instead "GRIC". 11
2.2 Betting and Racing Act 1998 No 114 12
[1] Section 4 Definitions 13
Omit paragraph (c) of the definition of racing controlling body in section 4 (1). 14
Insert instead: 15
(c) in relation to greyhound racing--the Greyhound Racing Integrity 16
Commission and Greyhound Racing New South Wales. 17
[2] Section 27 Definitions 18
Omit paragraph (c) of the definition of relevant racing control body. Insert instead: 19
(c) in relation to greyhound racing--the Greyhound Racing Integrity 20
Commission and Greyhound Racing New South Wales. 21
2.3 Defamation Act 2005 No 77 22
[1] Schedule 1 Additional publications to which absolute privilege applies 23
Omit "GRNSW" from the heading to clause 12. Insert instead "GRIC". 24
[2] Schedule 1, clause 12 (a) 25
Omit "Greyhound Racing New South Wales". 26
Insert instead "the Greyhound Racing Integrity Commission". 27
[3] Schedule 1, clause 12 (c) 28
Omit "Greyhound Racing Integrity Auditor under the Greyhound Racing Act 2009 or the". 29
2.4 Harness Racing Act 2009 No 20 30
[1] Section 3 Definitions 31
Omit the definition of GRNSW from section 3 (1). 32
Page 15
Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Schedule 2 Amendment of other legislation
[2] Section 6 Membership 1
Omit "or licensed by or with GRNSW" from section 6 (2) (d). 2
Insert instead "by or with the Greyhound Racing Integrity Commission". 3
[3] Section 15 Arrangements for use of staff and facilities of Racing New South Wales 4
Omit "GRNSW or" wherever occurring. 5
[4] Section 24 Appointment of Integrity Auditor 6
Omit section 24 (4) and (5). 7
2.5 Liquor Act 2007 No 90 8
Section 4 Definitions 9
Omit "Greyhound Racing New South Wales" from the definition of racing club in 10
section 4 (1). 11
Insert instead "the Greyhound Racing Integrity Commission". 12
2.6 Public Finance and Audit Act 1983 No 152 13
Schedule 2 Statutory bodies 14
Insert "Greyhound Racing Integrity Commission" in alphabetical order. 15
2.7 Racing Appeals Tribunal Act 1983 No 199 16
[1] Section 4 Definitions 17
Omit the definition of GRNSW from section 4 (1). Insert instead: 18
GRIC means the Greyhound Racing Integrity Commission constituted under 19
the Greyhound Racing Act 2009. 20
[2] Sections 15A (1) (b) and (2), 17A (1) (b) and 20 (1) (b) and (2) 21
Omit "GRNSW" wherever occurring. Insert instead "GRIC". 22
2.8 Racing Appeals Tribunal Regulation 2015 23
[1] Clause 3 Definitions 24
Omit "GRNSW" from paragraph (b) of the definition of Secretary in clause 3 (1). 25
Insert instead "GRIC". 26
[2] Clause 19 Costs 27
Omit "GRNSW" from clause 19 (1). Insert instead "GRIC". 28
2.9 Registered Clubs Act 1976 No 31 29
Section 30 Rules of registered clubs 30
Omit "Greyhound Racing New South Wales" from section 30 (5A) (c). 31
Insert instead "the Greyhound Racing Integrity Commission". 32
Page 16
Greyhound Racing Amendment (Greyhound Racing Integrity Commission) Bill 2016 [NSW]
Schedule 2 Amendment of other legislation
2.10 Sporting Venues (Invasions) Act 2003 No 44 1
Section 3 Definitions 2
Omit "Greyhound Racing New South Wales" from paragraph (c) of the definition of 3
controlling body in section 3 (1). 4
Insert instead "the Greyhound Racing Integrity Commission". 5
2.11 Thoroughbred Racing Act 1996 No 37 6
[1] Section 3 Definitions 7
Omit the definition of GRNSW from section 3 (1). 8
[2] Section 6 Membership 9
Omit "GRNSW" from section 6 (2) (d). 10
Insert instead "the Greyhound Racing Integrity Commission". 11
[3] Section 18A Arrangements for use of staff and facilities of HRNSW 12
Omit "or GRNSW" wherever occurring. 13
Page 17
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