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Act No. 76 GAMING AND BETTING (RACE-COURSE LICENCES) AMENDMENT BILL 1991 NEW SOUTH WALES EXPLANATORY NOTE (This Explanatory Note relates to this Bill as introduced into Parliament) The object of this Bill is to amend the Gaming and Betting Act 1912: (a) by dispensing with the need for annual renewals, and annual fees, for existing racecourse licences while retaining the power of the Minister to cancel a racecourse licence for any good cause; and (b) by imposing a fee of $100 for a new race-course licence issued on or after 1 July 1992; and (c) by enabling the Minister to subject a race-course licence to a condition; and (d) by including noncompliance with a condition of a racecourse licence among the grounds for cancellation of the licence, whether the condition is imposed by the regulations, by the licence, or by the Minister. The Principal Act uses the expression "special licence" to distinguish a licence for a race-course used for greyhound-racing from other race-course licences. Clause 1 states the short title of the proposed Act. Clause 2 provides for the proposed Act to commence on a day or days to be appointed by proclamation. Clause 3 provides for the amendment of the Principal Act as set out m Schedules 1 and 2. SCHEDULE l--AMENDMENTS RELATING TO LICENCES Schedule 1 (1) provides for a race-course licence other than a special licence to be subject to prescribed conditions and any other conditions included m the licence or imposed by the Minister. This Schedule item also retains the current fees payable for race-course licences (other than special licences) issued to existing licensees with effect on and from 1 July 1992. Existing licensees will not be liable for any further licence
2 Gaming and Betting (Race-course Licences) Amendment 1991 fees but a fee of $100 will be payable for any new licence granted after 30 June 1992. The present provisions that would otherwise require a race-course licence to be renewed annually are to be repealed. Schedule 1 (2) makes in relation to a special licence an amendment similar to that made by Schedule 1 (1) in relation to other licences, except that special licences to be issued to existing licensees will take effect on and from 1 October 1992, not 1 July 1992 as is the case with other licences. Schedule l (3) makes a consequential amendment and omits references to an application for renewal of a licence for greyhound-racing held by a person or body other than a non-proprietary association. There are no longer any licences so held and new licences for greyhound-racing may now be issued only to a non-proprietary association. Schedule 1 (4) makes a consequential amendment. Schedule 1 (5) inserts proposed section 52E which: (a) provides for race-course Licences (including special licences) to remain in force until cancelled; and (b) sets out the grounds (including the present grounds) on which the Minister may cancel a licence. Schedule 1 (6) makes a consequential amendment. Schedule 1 (7) replaces section 53F which enables the Minister to delegate certain functions. The substituted section has the effect of adopting section 49 of the Interpretation Act 1987 which deals with the delegation of statutory functions. Schedule 1 (8) expands the regulation-making power under the Principal Act as a consequence of the proposed amendments relating to the conditions of a licence. SCHEDULE 2--AMENDMENTS RELATING TO PONY-RACING This Schedule repeals the references in the Principal Act that relate to pony-racing as there are no longer any licences in force in New South Wales for that purpose.