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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Racing Amendment Bill 2008
Queensland
Racing Amendment Bill 2008
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 28 (Approval has effect for 6 years unless it is
cancelled or suspended) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 42 (Notice about change of executive officers) . 4
6 Amendment of s 43 (Notice of event resulting in a control body
not being an eligible corporation) . . . . . . . . . . . . . . . . . . . . . . . . . 4
7 Amendment of s 44 (Notice of event resulting in executive
officer no longer being an eligible individual) . . . . . . . . . . . . . . . . 5
8 Amendment of s 48 (Investigation into suitability of associate of
control body). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
9 Amendment of s 52 (Grounds for disciplinary action relating to
the approval of a control body for its code of racing) . . . . . . . . . . 5
10 Amendment of s 55 (Immediate suspension of an approval) . . . . 5
11 Amendment of s 60 (Audit by auditor-general). . . . . . . . . . . . . . . 5
12 Insertion of new s 60A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
60A Disclosure of interest in licensed animal by executive
officer of control body . . . . . . . . . . . . . . . . . . . . . . . . . 6
13 Amendment of s 62 (Composition of each country racing
association) ................................... 7
14 Amendment of s 68 (Composition of committee) . . . . . . . . . . . . . 7
15 Amendment of s 249 (When a racing bookmaker may make a
bet with a person who is not present at a licensed venue). . . . . . 7
16 Amendment of s 310 (Definitions for div 1) . . . . . . . . . . . . . . . . . 7
17 Amendment of s 354 (Delegations) . . . . . . . . . . . . . . . . . . . . . . . 7
18 Amendment of s 358 (Effect of relocation) . . . . . . . . . . . . . . . . . . 8
19 Amendment of s 359 (Codes of racing for which continuing
control bodies responsible). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
20 Amendment of s 364 (Powers of continuing control body) . . . . . . 8
Racing Amendment Bill 2008
Contents
21 Omission of s 370 (Expiry of sch 1 (Relocated provisions)). . . . . 9
22 Amendment of s 377 (Rules of continuing control bodies are
rules of racing under this Act). . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
23 Amendment of s 379 (Registered clubs taken to be licensed) . . . 9
24 Insertion of new ch 10, pt 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
412 Definitions for pt 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
413 Dissolution of former boards . . . . . . . . . . . . . . . . . . . 10
414 New control bodies are legal successor of former
boards ............................... 10
415 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . 11
416 Employees of former boards . . . . . . . . . . . . . . . . . . . 11
417 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
418 Things done by former board . . . . . . . . . . . . . . . . . . . 12
419 Rights and obligations of former boards under this
Act ................................. 13
420 Application of audit regime to new greyhound control
body and new harness control body. . . . . . . . . . . . . . 13
421 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
422 Continuation of action started against licensed club
under ch 3, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
423 Continuing application of confidentiality obligation to
members and employees of former continuing
boards .............................. 14
424 Requirement for former board members to give
annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
425 Pt 5 does not affect existing legal relationships . . . . . 15
426 References to former boards . . . . . . . . . . . . . . . . . . . 16
25 Omission of sch 1 (Relocated provisions) . . . . . . . . . . . . . . . . . . 16
26 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 16
Page 2
2008
A Bill
for
An Act to amend the Racing Act 2002
Racing Amendment Bill 2008
[s 1]
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Racing Amendment Act 2008. 3
Clause 2 Commencement 4
This Act commences on 1 July 2008. 5
Clause 3 Act amended 6
This Act amends the Racing Act 2002. 7
Clause 4 Amendment of s 28 (Approval has effect for 6 years 8
unless it is cancelled or suspended) 9
Section 28(3)-- 10
omit. 11
Clause 5 Amendment of s 42 (Notice about change of executive 12
officers) 13
Section 42(5)-- 14
omit. 15
Clause 6 Amendment of s 43 (Notice of event resulting in a control 16
body not being an eligible corporation) 17
Section 43(4)-- 18
omit. 19
Page 4
Racing Amendment Bill 2008
[s 7]
Clause 7 Amendment of s 44 (Notice of event resulting in 1
executive officer no longer being an eligible individual) 2
Section 44(3)-- 3
omit. 4
Clause 8 Amendment of s 48 (Investigation into suitability of 5
associate of control body) 6
Section 48(2)(c), from `for' to `body--'-- 7
omit. 8
Clause 9 Amendment of s 52 (Grounds for disciplinary action 9
relating to the approval of a control body for its code of 10
racing) 11
Section 52(4)-- 12
omit. 13
Clause 10 Amendment of s 55 (Immediate suspension of an 14
approval) 15
(1) Section 55(1)-- 16
omit. 17
(2) Section 55(2), after `may suspend the approval'-- 18
insert-- 19
`of a control body'. 20
(3) Section 55(2) and (3)-- 21
renumber as section 55(1) and (2). 22
Clause 11 Amendment of s 60 (Audit by auditor-general) 23
Section 60(5) and (6)-- 24
omit. 25
Page 5
Racing Amendment Bill 2008
[s 12]
Clause 12 Insertion of new s 60A 1
Chapter 2, part 4, division 4-- 2
insert-- 3
`60A Disclosure of interest in licensed animal by executive 4
officer of control body 5
`(1) This section applies if an executive officer of a control body 6
becomes, or is on the commencement of this section, an 7
owner of a licensed animal, whether or not the executive 8
officer derives a financial benefit from the ownership interest. 9
`(2) The executive officer must disclose the following information 10
to a meeting of the directors of the control body-- 11
(a) the number of licensed animals in which the executive 12
officer has an ownership interest and the name by which 13
each animal is known; 14
(b) the code of racing for which each animal is licensed; 15
(c) the percentage of the executive officer's ownership 16
interest in each animal. 17
Maximum penalty--40 penalty units. 18
`(3) The control body must make information disclosed under 19
subsection (2) available to any person on request. 20
`(4) However, subsection (3) does not apply if the person who 21
disclosed the information is no longer an executive officer of 22
the control body. 23
`(5) The control body may charge a fee for making information 24
available under subsection (3). 25
`(6) A fee charged by the control body for making information 26
available under subsection (3) must not be more than the 27
reasonable cost to the control body of making the information 28
available. 29
`(7) Despite subsection (5), the control body may not charge a fee 30
for making information available to the Minister or chief 31
executive.'. 32
Page 6
Racing Amendment Bill 2008
[s 13]
Clause 13 Amendment of s 62 (Composition of each country racing 1
association) 2
Section 62(5)(e)-- 3
omit, insert-- 4
`(e) is an executive officer or employee of a control body 5
other than the thoroughbred control body; or'. 6
Clause 14 Amendment of s 68 (Composition of committee) 7
Section 68(5)(e)-- 8
omit, insert-- 9
`(e) is an executive officer or employee of a control body 10
other than the thoroughbred control body; or'. 11
Clause 15 Amendment of s 249 (When a racing bookmaker may 12
make a bet with a person who is not present at a licensed 13
venue) 14
Section 249(1)(c), from `the betting ticket'-- 15
omit, insert-- 16
`the name of the bettor and the amount and type of the bet.'. 17
Clause 16 Amendment of s 310 (Definitions for div 1) 18
Section 310, definition control body officer-- 19
omit, insert-- 20
`control body officer means an executive officer or employee 21
of a control body.'. 22
Clause 17 Amendment of s 354 (Delegations) 23
(1) Section 354(1), from `, including' to `schedule 1,'-- 24
omit. 25
(2) Section 354(2)(a), from `, including' to `schedule 1'-- 26
omit. 27
Page 7
Racing Amendment Bill 2008
[s 18]
Clause 18 Amendment of s 358 (Effect of relocation) 1
Section 358-- 2
insert-- 3
`Note-- 4
Before the commencement of the Racing Amendment Act 2008 on 1 5
July 2008, relocated provision was defined under schedule 3 to mean a 6
provision in schedule 1 that was relocated to the schedule.'. 7
Clause 19 Amendment of s 359 (Codes of racing for which 8
continuing control bodies responsible) 9
Section 359-- 10
insert-- 11
`(6) On 1 July 2008-- 12
(a) subsections (2) and (3) stop applying; and 13
(b) the Harness Racing Board and the Greyhound Authority 14
stop being continuing control bodies as that term was 15
defined under this Act before the commencement of the 16
Racing Amendment Act 2008. 17
Note-- 18
See also part 5 for provisions about the dissolution of the Harness 19
Racing Board and the Greyhound Authority.'. 20
Clause 20 Amendment of s 364 (Powers of continuing control body) 21
(1) Section 364(3)(b)-- 22
insert-- 23
`Note-- 24
On 1 July 2008, the Harness Racing Board stopped being a 25
continuing control body.'. 26
(2) Section 364(3)(c)-- 27
insert-- 28
`Note-- 29
On 1 July 2008, the Greyhound Authority stopped being a 30
continuing control body.'. 31
Page 8
Racing Amendment Bill 2008
[s 21]
Clause 21 Omission of s 370 (Expiry of sch 1 (Relocated 1
provisions)) 2
Section 370-- 3
omit. 4
Clause 22 Amendment of s 377 (Rules of continuing control bodies 5
are rules of racing under this Act) 6
(1) Section 377(2)-- 7
insert-- 8
`Note-- 9
On 1 July 2008, the Harness Racing Board stopped being a continuing 10
control body. See also part 5.'. 11
(2) Section 377(3)-- 12
insert-- 13
`Note-- 14
On 1 July 2008, the Greyhound Authority stopped being a continuing 15
control body. See also part 5.'. 16
Clause 23 Amendment of s 379 (Registered clubs taken to be 17
licensed) 18
Section 379(3), note-- 19
omit, insert-- 20
`Note-- 21
The Thoroughbred Racing Board stopped being a continuing control 22
body on 1 July 2006 (see also part 4). The Greyhound Authority and 23
Harness Racing Board stopped being continuing control bodies on 1 24
July 2008 (see also part 5).'. 25
Clause 24 Insertion of new ch 10, pt 5 26
Chapter 10-- 27
insert-- 28
Page 9
Racing Amendment Bill 2008
[s 24]
`Part 5 Transitional provisions for 1
Racing Amendment Act 2008 2
`412 Definitions for pt 5 3
`In this part-- 4
commencement means 1 July 2008. 5
corresponding new control body, for a former board, 6
means-- 7
(a) for the Greyhound Authority--the new greyhound 8
control body; or 9
(b) for the Harness Racing Board--the new harness control 10
body. 11
former board means the Greyhound Authority or the Harness 12
Racing Board. 13
new greyhound control body means Greyhounds Queensland 14
Limited ACN 128 067 247 approved as the control body for 15
greyhound racing. 16
new harness control body means Queensland Harness Racing 17
Limited ACN 128 036 000 approved as the control body for 18
harness racing. 19
`413 Dissolution of former boards 20
`Each former board is dissolved on the commencement. 21
`414 New control bodies are legal successor of former 22
boards 23
`(1) The new greyhound control body is the successor in law of the 24
Greyhound Authority. 25
`(2) The new harness control body is the successor in law of the 26
Harness Racing Board. 27
`(3) The other provisions of this part do not limit subsections (1) 28
and (2). 29
Page 10
Racing Amendment Bill 2008
[s 24]
`415 Assets and liabilities etc. 1
`(1) On the commencement-- 2
(a) anything that was an asset or liability of a former board 3
immediately before the commencement becomes an 4
asset or liability of the corresponding new control body; 5
and 6
(b) an agreement or arrangement in force immediately 7
before the commencement between a former board and 8
another entity is taken to be an agreement or 9
arrangement between the corresponding new control 10
body and the other entity; and 11
(c) any property that was, immediately before the 12
commencement, held by a former board on trust or 13
subject to conditions continues to be held by the 14
corresponding new control body on the same trusts or 15
subject to the same conditions. 16
`(2) The registrar of titles or other person responsible for keeping a 17
register for dealings in property must, if asked by the new 18
greyhound control body or new harness control body, record 19
the vesting of property under this section in the control body. 20
`416 Employees of former boards 21
`(1) This section applies to a person who, immediately before the 22
commencement, was an employee of a former board. 23
`(2) On the commencement, the person becomes an employee of 24
the corresponding new control body. 25
`(3) The person-- 26
(a) must be employed on terms and conditions of 27
employment at least equivalent to those applying to the 28
person immediately before the commencement; and 29
(b) remains entitled to all rights of employment existing or 30
accruing immediately before the commencement. 31
Page 11
Racing Amendment Bill 2008
[s 24]
`417 Proceedings 1
`(1) A proceeding that could have been started by or against a 2
former board before the commencement may be started by or 3
against the corresponding new control body. 4
`(2) From the commencement, an existing proceeding may be 5
continued and finished by or against the corresponding new 6
control body. 7
`(3) In this section-- 8
existing proceeding means a proceeding that-- 9
(a) was taken by or against a following person before the 10
commencement-- 11
(i) a former board; 12
(ii) a member of a former board in the capacity as a 13
member of the former board; and 14
(b) has not been finished before the commencement. 15
`418 Things done by former board 16
`(1) Anything done by a former board under this Act-- 17
(a) continues to have effect; and 18
(b) from the commencement, is taken to have been done by 19
the corresponding new control body. 20
`(2) Without limiting subsection (1), on the commencement-- 21
(a) a policy of a former board that was in effect 22
immediately before the commencement continues as if 23
it were a policy of the corresponding new control body; 24
and 25
(b) rules of racing made by a former board and in force 26
immediately before the commencement continue as if 27
they were rules of racing made by the corresponding 28
new control body; and 29
(c) a licence issued or taken to be issued by a former board 30
before the commencement that is in force immediately 31
Page 12
Racing Amendment Bill 2008
[s 24]
before the commencement continues as if it had been 1
issued by the corresponding new control body; and 2
(d) a racing calendar prepared by a former board for a 3
period ending after the commencement continues as if it 4
had been prepared by the corresponding new control 5
body. 6
`419 Rights and obligations of former boards under this 7
Act 8
`Without limiting any other provision in this part, a right or 9
obligation of a former board under this Act immediately 10
before the commencement becomes a right or obligation of 11
the corresponding new control body. 12
`420 Application of audit regime to new greyhound control 13
body and new harness control body 14
`From the commencement, a program approved by the 15
Minister under section 46(3) for 2008 applies to the 16
corresponding new control body to the extent it is stated to 17
apply to a former board. 18
`421 Appeals 19
`(1) If an appeal committee was established by a former board and 20
is in existence immediately before the commencement, on the 21
commencement the appeal committee-- 22
(a) continues as if it had been established by the 23
corresponding new control body under its rules of 24
racing; and 25
(b) may continue to deal with an appeal under consideration 26
immediately before the commencement as if the appeal 27
had been started under the corresponding new control 28
body's rules of racing. 29
`(2) Subsection (3) applies to an appeal-- 30
(a) against a reviewable decision within the meaning of 31
section 95 made before the commencement; and 32
Page 13
Racing Amendment Bill 2008
[s 24]
(b) started after the commencement. 1
`(3) The appeal may be dealt with by-- 2
(a) an appeal committee mentioned in subsection (1); or 3
(b) if there is no appeal committee established by the former 4
board and in existence immediately before the 5
commencement--an appeal committee established by 6
the corresponding new control body. 7
`(4) For subsections (1)(b) and (3), the steward's decision 8
appealed against is taken to be a decision made by the steward 9
for the corresponding new control body. 10
`(5) This section does not limit section 418(1). 11
`422 Continuation of action started against licensed club 12
under ch 3, pt 4 13
`(1) This section applies if, before the commencement, a former 14
board-- 15
(a) gave a licensed club a show cause notice under chapter 16
3, part 4; and 17
(b) has not decided whether to take action under the part in 18
relation to the club. 19
`(2) From the commencement, chapter 3, part 4 continues to apply 20
in relation to the show cause notice as if the notice had been 21
given by the corresponding new control body. 22
`(3) This section does not limit section 418(1). 23
`423 Continuing application of confidentiality obligation to 24
members and employees of former continuing 25
boards 26
`A person who was a member or employee of a former board 27
is taken to be a control body officer under section 310. 28
Page 14
Racing Amendment Bill 2008
[s 24]
`424 Requirement for former board members to give 1
annual report 2
`(1) Repealed schedule 1, section 132 continues to apply for the 3
year ending 30 June 2008. 4
`(2) For subsection (1)-- 5
(a) a former board consisting of the persons who were 6
members of the board immediately before the 7
commencement is taken to be a continuing control body; 8
and 9
(b) a club that was licensed by the former board 10
immediately before the commencement is taken to be a 11
club licensed by it. 12
`425 Pt 5 does not affect existing legal relationships 13
`Nothing done under this part in relation to a former board-- 14
(a) places the corresponding new control body in breach of 15
a contract, trust or confidence or otherwise makes the 16
corresponding new control body guilty of a civil wrong; 17
or 18
(b) makes the corresponding new control body in breach of 19
any instrument, including an instrument prohibiting, 20
restricting or regulating the assignment, transfer or 21
assumption of a right or liability; or 22
(c) is taken to fulfil a condition or otherwise constitute an 23
event-- 24
(i) allowing a person to terminate an instrument or be 25
released, wholly or partly, from an obligation or 26
modify the operation or effect of an instrument or 27
obligation; or 28
(ii) requiring money to be paid, or anything else to be 29
done, before its stated maturity; or 30
(d) releases a surety or other obligee, wholly or partly, from 31
an obligation. 32
Page 15
Racing Amendment Bill 2008
[s 25]
`426 References to former boards 1
`In an Act or document, a reference to a former board may, if 2
the context permits, be taken as a reference to the 3
corresponding new control body.'. 4
Clause 25 Omission of sch 1 (Relocated provisions) 5
Schedule 1-- 6
omit. 7
Clause 26 Amendment of sch 3 (Dictionary) 8
(1) Schedule 3, definitions commencement, continuing control 9
body, control body, control body associate, former board and 10
relocated provision-- 11
omit. 12
(2) Schedule 3-- 13
insert-- 14
`commencement-- 15
(a) for chapter 10, part 4--see section 397; or 16
(b) for chapter 10, part 5--see section 412. 17
control body means a corporation given a Minister's approval 18
to be the control body for a code of racing. 19
control body associate, for a control body, means a business 20
associate or executive associate of the control body. 21
corresponding new control body, for chapter 10, part 5, see 22
section 412. 23
former board-- 24
(a) for chapter 10, part 4--see section 397; or 25
(b) for chapter 10, part 5--see section 412. 26
new greyhound control body, for chapter 10, part 5, see 27
section 412. 28
Page 16
Racing Amendment Bill 2008
[s 26]
new harness control body, for chapter 10, part 5, see section 1
412.'. 2
(3) Schedule 3, definition approval, paragraphs (b) and (c)-- 3
omit, insert-- 4
`(b) in relation to a control body, the Minister's approval of 5
the control body.'. 6
(4) Schedule 3, definition executive officer-- 7
insert-- 8
`Note-- 9
This definition also applies to references to an executive officer of a 10
particular corporation, including, for example, a control body.'. 11
(5) Schedule 3, definition Greyhound Authority, after `greyhound 12
racing'-- 13
insert-- 14
`until 30 June 2008'. 15
(6) Schedule 3, definition Greyhound Authority-- 16
insert-- 17
`Note-- 18
See chapter 10, part 5 for provisions about the dissolution of the 19
Greyhound Authority.'. 20
(7) Schedule 3, definition Harness Racing Board, after `harness 21
racing'-- 22
insert-- 23
`until 30 June 2008'. 24
(8) Schedule 3, definition Harness Racing Board-- 25
insert-- 26
`Note-- 27
See chapter 10, part 5 for provisions about the dissolution of the 28
Harness Racing Board.'. 29
Page 17
© State of Queensland 2008
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