New South Wales Consolidated Acts

BETTING AND RACING ACT 1998 - SECT 5

5 Requirement for racecourses to be licensed

(1) A race meeting must not be held at a racecourse unless--

(a) the racecourse is licensed under this Division, and

(b) the race meeting is conducted by a non-proprietary association (whether or not the licensee), and

(c) the race meeting is otherwise held in accordance with this Part.

(2) Despite subsection (1)(a), a trial meeting may be held at a racecourse that is not a licensed racecourse so long as the meeting is held with the approval of the racing controlling body that is responsible for the type of racing concerned.

(3) If a race meeting is held at a racecourse in contravention of this Part, each of the following is guilty of an offence--

(a) the owner or trustees of the racecourse,

(b) the licensee (if any),

(c) the body conducting the race meeting (or on whose behalf the race meeting is conducted),

(d) each trustee, or member of the managing board or committee, of the body conducting the race meeting,

(e) any person acting at the race meeting as a starter or judge or acting in any other official capacity in connection with the conduct of the race meeting (regardless of whether the person is being paid to act as such).

: Maximum penalty--

• for a first offence--50 penalty units,

• for a second or subsequent offence--100 penalty units.

(4) A person is not guilty of an offence under this section if the person proves--

(a) that he or she did not know, or could not reasonably be expected to have known, that the race meeting was being held in contravention of this Part, or

(b) that the race meeting was being held in circumstances over which the person had no control.