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 Thoroughbred Racing Act 1996 (the Principal
Act) and the Thoroughbred Racing Amendment Act 2008 (the earlier amending Act):

(a) to require the 5 appointed members of Racing NSW to be persons
recommended for appointment by a Selection Panel established by the
Minister (instead of being appointed on the nomination of the Appointments
Panel currently provided for by the earlier amending Act), and

(b) to require the Minister to review the new appointments process within 3 years
of the date of assent to the proposed Act, and

(c) to require the Selection Panel to make its recommendations based on the merit
of candidates for appointment and on the basis of skills-based criteria (as
currently required for appointments by the Appointments Panel under the
earlier amending Act), and

(d) to continue the requirement under the earlier amending Act for the conduct of
a probity check of candidates for appointment with the assistance of a Probity
Adviser, and

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Thoroughbred Racing Further Amendment Bill 2008
Explanatory note

(e) to repeal the requirement of the earlier amending Act for a recruitment
consultant in connection with the appointment of members of Racing NSW,
and

(f) to dissolve the Appointments Panel established under the earlier amending Act
and set aside any decisions or nominations made by it, and

(g) to enact consequential savings and transitional provisions (including
provisions for the establishment of the Selection Panel to enable the making of
recommendations and appointments for reconstituting Racing NSW pursuant
to the new appointment process).

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 a day or days to be
appointed by proclamation with the exception of transitional provisions and the
amendments made to the earlier amending Act, which are to commence on the date
of assent.

Clause 3 is a formal provision that gives effect to the amendments to the
Thoroughbred Racing Act 1996 set out in Schedule 1.

Clause 4 is a formal provision that gives effect to the amendments to the
Thoroughbred Racing Amendment Act 2008 set out in Schedule 2.

Clause 5 provides for the repeal of the proposed Act after all the amendments made
by the proposed Act have commenced. Once the amendments have commenced the
proposed Act will be spent and section 30 of the Interpretation Act 1987 provides
that the repeal of an amending Act does not affect the amendments made by that Act.

Schedule 1 Amendment of Thoroughbred Racing
Act 1996
Schedule 1 [1] carries forward definitions from the earlier amending Act with
changes to reflect the proposed new appointment process provided for by Schedule
1 [2].

Schedule 1 [2] provides a new appointment process for the appointment of members
of Racing NSW to replace the existing appointment process provided for by the
earlier amending Act. Under the existing appointment process, appointed members
of Racing NSW were to have been appointed on the nomination of an Appointments
Panel consisting of representatives of industry participants. Under the new
appointment process, appointments will be made on the recommendation of a
Selection Panel established by the Minister. The new appointment process provides
for the Selection Panel’s recommendations to be made on the basis of merit and in
accordance with the skills-based criteria currently provided for under the existing
appointment process. The new appointment process provides for the term of an
appointment to be for a period of up to 4 years as recommended by the Selection

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Thoroughbred Racing Further Amendment Bill 2008
Explanatory note
Panel (rather than for the period recommended by the Appointments Panel under the
existing appointment process). The requirement under the existing appointment
process for the Appointments Panel to engage a recruitment consultant is repealed.

The amendment also provides for the Minister to review the new appointment
process after 3 years and for a report on the review to be tabled in Parliament.

Schedule 1 [3] makes a consequential amendment.

Schedule 1 [4] and [5] carry forward amendments made by the earlier amending Act
(with consequential changes resulting from the repeal of provisions for the fresh
recruitment process provided for by the earlier amending Act).

Schedule 1 [6] inserts a savings and transitional regulation-making power.

Schedule 1 [7] carries forward the transitional arrangements made by the earlier
amending Act, subject to the following:

(a) provisions for convening the Appointments Panel under the earlier amending
Act are replaced with provisions for establishing the Selection Panel, to
facilitate the reconstitution of the membership of Racing NSW in accordance
with the amendments,

(b) the Appointments Panel provided for under the earlier amending Act will be
dissolved and the exercise of any function of the Appointments Panel
(including any nomination of a person for appointment as a member of Racing
NSW) is declared to be of no effect.

Schedule 2 Amendment of Thoroughbred Racing
Amendment Act 2008
Schedule 2 makes consequential amendments to the earlier amending Act.

Note: If this Bill is not modified, these Explanatory Notes would reflect the Bill as passed in the House. If the Bill has been amended by Committee, these Explanatory Notes may not necessarily reflect the Bill as passed.

 

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