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RACING ACT 2002
- As at 1 February 2024
- Act 58 of 2002
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - INTRODUCTION
1. Short title
2. Commencement
3. Act binds all persons
4. Main purpose of Act
5. Definitions
CHAPTER 2 - CONTROL BODIES TO MANAGE CODES OF RACING
PART 1 - RACING QUEENSLAND BOARD
Division 1 - Establishment of board and its status
6. Racing Queensland Board
7. Board to be control body for particular codes of racing
8. Application of various public sector Acts
9. Nature of board
9AF. (Repealed)
9BN. (Repealed)
9BO. (Repealed)
9BP. (Repealed)
9BQ. (Repealed)
9BR. (Repealed)
9BS. (Repealed)
9BT. (Repealed)
9BU. (Repealed)
9BV. (Repealed)
9BW. (Repealed)
9BX. (Repealed)
9BY. (Repealed)
9BZ. (Repealed)
9CA. (Repealed)
9CB. (Repealed)
9CC. (Repealed)
9CD. (Repealed)
9CE. (Repealed)
9CF. (Repealed)
9CG. (Repealed)
9CH. (Repealed)
9CI. (Repealed)
9CJ. (Repealed)
9CK. (Repealed)
9CL. (Repealed)
9CM. (Repealed)
9CN. (Repealed)
9CO. (Repealed)
9CP. (Repealed)
Division 2 - Board’s functions and powers
10. Functions of board
11. Powers of board
12. Funding of country thoroughbred race meetings
13. Delegation by board
Division 3 - Membership
14. Members
15. Appointment to board
16. Vacancy in member’s office
17. Chairperson and deputy chairperson
18. Vacancy in chairperson’s or deputy chairperson’s office
19. Casual vacancy
20. Effect of vacancy in membership
21. Remuneration and other conditions of appointment
Division 4 - Board business and meetings
22. Conduct of business
23. Time and place of meetings
24. Quorum
25. Presiding at meetings
26. Conduct of meetings
27. Annual meeting
28. Minister may call meeting
29. Minutes and other records
30. Dissenting opinion to be reported
Division 5 - Chief executive officer
31. Chief executive officer of board
32. Term of office
33. Functions of chief executive officer
34. Remuneration and conditions of appointment
35. Vacancy
36. Acting chief executive officer
37. Delegation by chief executive officer
Division 6 - Information to be collected about potential member and chief executive officer
38. Chief executive to gather information about candidate
39. Obtaining criminal history of candidate
Division 7 - Duties of executive officers and employees of board
40. Duty to act honestly and exercise care and diligence
41. Member must disclose interest
42. Conflicts of interest
Division 8 - Immunity for members and chief executive officer
43. Protection from liability
Division 9 - Ministerial direction to board
44. Ministerial direction to board about its functions or powers
Division 10 - Annual reports
44A. Matters for inclusion in annual report
Division 10 - (Repealed)
PART 1B - (Repealed)
PART 2 - APPROVED CONTROL BODIES
Division 1 - Applying for approval as control body for a code of racing
45. An eligible corporation may apply for approval as a control body
46. Approval application to be accompanied by specific matters
47. Evidence of matters to be included in an approval application
Division 2 - Referral of approval application to chief executive for processing
48. Minister to refer an approval application for assessment and other action
49. Advertising notice about an approval application
50. Objection to approval application
Division 3 - When there is more than 1 approval application relating to a particular type of animal racing
51. Application of division
52. Chief executive must call meeting of all approval applicants
Division 4 - Assessment actions by chief executive for approval applications
53. Assessment of an approval application if only 1 application
54. Assessment of an approval application if more than 1 application
55. Assessing approval applicant or approval applicants
56. Chief executive may require further information or documents to support approval application as part of investigations under s 55
57. Request to obtain criminal history of business associates and executive associates of approval applicant
58. Obtaining the criminal history of an individual
Division 5 - Ministerial decision about approval applications
59. Minister to consider and decide approval application
60. Information notice about Minister’s decision
60B. (Repealed)
61. When Minister must give an approval to approval applicant
62. Form of approval
63. Control body approved for more than one code of racing
Division 6 - Other matters relating to approvals and approval applications
64. Approval continues in force unless cancelled or suspended
64A. (Repealed)
64B. (Repealed)
65. Yearly fee payable by each control body
66. Regulation may prescribe a condition applying to an approval
67. Variation of approval of control body
67A. (Repealed)
Division 7 - Requirements for approved control body after approval
68. Approved control body to report to chief executive on status as eligible corporation in previous financial year
68A. (Repealed)
68B. (Repealed)
68C. (Repealed)
68D. (Repealed)
68DA. (Repealed)
68E. (Repealed)
68F. (Repealed)
68G. (Repealed)
68H. (Repealed)
68I. (Repealed)
68J. (Repealed)
68K. (Repealed)
68L. (Repealed)
68M. (Repealed)
69. Obligation to implement plans as stated in approval application
70. Notice of event resulting in a control body not being an eligible corporation
71. Ministerial direction to approved control body about its policies or rules
72. Control body is unit of public administration
73. Audit by auditor-general
Division 8 - Disciplinary action against approved control bodies
74. Grounds for disciplinary action relating to the approval of a control body for its code of racing
75. Show cause notice
76. Consideration of representations
77. Immediate suspension of an approval
78. Censuring control body
79. Direction to control body to rectify matter
80. Action by Minister
PART 3 - CONTROL BODIES FOR CODES OF RACING
Division 1 - Function and powers of control bodies
81. Function of control body
82. Powers of control body for its code of racing
83. Control body may charge fees for its services
Division 2 - Obligations of control bodies other than for policies
84. Obligation to have racing calendar for code of racing
Division 3 - Reporting about particular changes or events
85. Notice about change of executive officers
86. Notice of event resulting in executive officer no longer being an eligible individual
Division 4 - Reporting generally to Minister
87. Quarterly reports
88. Control body to keep Minister informed
89. Reporting to department
90. Other reporting requirements
Division 5 - Strategic and operational plans
91. Interaction of division with Financial Accountability Act 2009
92. Control body to prepare draft strategic and operational plans
93. Procedures
94. Strategic or operational plan pending agreement
95. Strategic or operational plan on agreement
96. Compliance with strategic and operational plans
97. Modifications of strategic or operational plan
98. Content of operational plan and strategic plan
Division 6 - Executive officers of control body to disclose interest in licensed animals
99. Disclosure of interest in licensed animal by executive officer of control body
PART 4 - (Repealed)
PART 5 - (Repealed)
CHAPTER 3 - CONTROL BODIES MANAGING THEIR CODES OF RACING
PART 1 - INTRODUCTION
100. Purpose of chapter
101. Policies and rules of racing are statutory instruments
PART 2 - POLICIES
Division 1 - General provisions about policies
102. Policy for code of racing
103. Form of each policy
104. Availability of policies
105. Application of policy
Division 2 - Policy about licensing scheme
106. Purposes of control body’s licensing scheme
107. Control body’s policy for a licensing scheme
108. Application for licence
109. Licences may not be transferred
Division 3 - Other matters about policies
110. Same venue may be licensed by control bodies
PART 3 - RULES OF RACING
111. Obligation to have rules of racing for code of racing
112. Process and other matters relating to making rules of racing
113. Requirement relating to rules of racing
113A. Application of rules of racing
113AL. (Repealed)
113AM. (Repealed)
113AN. (Repealed)
113AO. (Repealed)
113AP. (Repealed)
113AQ. (Repealed)
113AR. (Repealed)
113AS. (Repealed)
113AT. (Repealed)
113AU. (Repealed)
113AV. (Repealed)
113AW. (Repealed)
113AX. (Repealed)
113AY. (Repealed)
113AZ. (Repealed)
113BA. (Repealed)
113BB. (Repealed)
113BC. (Repealed)
113BD. (Repealed)
114. Availability of rules of racing
PART 4 - CONTROL BODIES MAY TAKE CERTAIN ACTION AGAINST LICENSED CLUBS
115. Grounds for suspension or cancellation
116. Show cause notice
117. Representations about show cause notice
118. Immediate suspension of licensed club’s licence
119. Censuring licensed club
120. Direction to licensed club to rectify matter
121. Suspension or cancellation
122. Notice of decision
PART 5 - PROVISIONS APPLYING TO LICENSED CLUBS
Division 1 - Contravention of this part constitutes a ground for suspending or cancelling a licensed club’s licence
123. Contravention by licensed club constitutes a ground for disciplinary action
Division 2 - Race meetings
124. Licensed club to hold race and betting meeting at licensed venue
Division 3 - Audited accounts of licensed clubs and related matters
125. Licensed club to give audited accounts to control body
126. Control body to report to Minister about licensed club
Division 4 - Provisions for licensed clubs that are non-proprietary entities
127. Definitions for division
128. Application of revenues, profits etc. of licensed club that is or was a non-proprietary entity
129. Prohibition of disposal of assets etc. of non-proprietary entity
130. Dealing with assets of non-proprietary entity
PART 6 - USE OF QUEENSLAND RACE INFORMATION
131. Definitions for part
132. Meaning of betting exchange
133. Use of Queensland race information
134. Application for race information authority
135. Decision
136. Standard condition of race information authority
137. Use of documents or information by control body
138. Effect of providing documents or information about wagering activity
139. Cancellation of race information authority
140. Authorisations for competition legislation
CHAPTER 3A - (Repealed)
CHAPTER 4 - REVIEW OF DECISIONS
141. What is an original decision and who is the decision-maker
142. Who is an interested person for an original decision
143. External review process starts with internal review
144. Applying for internal review of original decision
145. Staying operation of original decision on internal review
146. Reviewing original decision
147. Applying for external review
CHAPTER 4A - (Repealed)
CHAPTER 5 - OFFENCES
PART 1 - OFFENCES
Division 1 - Offences relating to administration of Act
148. Definitions for div 1
149. Offence to disclose confidential information or copy background document
149A. (Repealed)
149B. (Repealed)
149C. (Repealed)
149D. (Repealed)
149E. (Repealed)
149F. (Repealed)
149G. (Repealed)
149H. (Repealed)
149I. (Repealed)
149J. (Repealed)
149K. (Repealed)
149L. (Repealed)
149M. (Repealed)
149N. (Repealed)
149O. (Repealed)
149P. (Repealed)
149Q. (Repealed)
149R. (Repealed)
149S. (Repealed)
149T. (Repealed)
149U. (Repealed)
149V. (Repealed)
149W. (Repealed)
149X. (Repealed)
149Y. (Repealed)
149Z. (Repealed)
149ZA. (Repealed)
149ZB. (Repealed)
149ZC. (Repealed)
149ZD. (Repealed)
149ZE. (Repealed)
149ZF. (Repealed)
149ZG. (Repealed)
149ZH. (Repealed)
149ZI. (Repealed)
149ZJ. (Repealed)
149ZK. (Repealed)
149ZL. (Repealed)
149ZM. (Repealed)
149ZN. (Repealed)
149ZO. (Repealed)
149ZP. (Repealed)
149ZQ. (Repealed)
149ZR. (Repealed)
149ZS. (Repealed)
149ZT. (Repealed)
149ZU. (Repealed)
149ZV. (Repealed)
149ZW. (Repealed)
149ZX. (Repealed)
149ZY. (Repealed)
149ZZ. (Repealed)
149ZZA. (Repealed)
149ZZB. (Repealed)
149ZZC. (Repealed)
149ZZD. (Repealed)
149ZZE. (Repealed)
149ZZF. (Repealed)
149ZZG. (Repealed)
149ZZH. (Repealed)
149ZZI. (Repealed)
149ZZJ. (Repealed)
149ZZK. (Repealed)
150. Forgery and uttering Act documents
151. Making a false statement in application or other document
Division 2 - Offences
152. Person must not interfere with licence holder or official of a control body
152A. (Repealed)
153. Interfering with particular things at licensed venue or places for holding trials
154. Attempt to commit offence
PART 2 - LEGAL PROCEEDINGS
Division 1 - Evidence
155. Application of division
156. Appointments and authority
157. Signatures
158. Evidentiary aids—documents
Division 2 - Matters about offence proceedings, indictable and summary offences
159. Types of offences
160. Proceedings for indictable offence
161. Limitation on who may summarily hear indictable offence
162. Limitation on time for starting summary proceeding
163. Increased penalties
PART 3 - (Repealed)
PART 4 - (Repealed)
PART 5 - (Repealed)
CHAPTER 6 - MISCELLANEOUS PROVISIONS
164. Approved forms
165. Satisfaction, belief or suspicion must be on grounds that are reasonable in the circumstances
166. Matters must be considered appropriate on grounds that are reasonable in the circumstances
167. Fees etc. that are owing to the State are debts
168. Delegations
169. Regulation-making power
170. (Expired)
CHAPTER 7 - REPEAL, TRANSITIONAL PROVISIONS AND OTHER PROVISIONS
PART 1 - REPEAL
171. Repeal of Racing and Betting Act
PART 2 - TRANSITIONAL PROVISION FOR RACING ACT 2002
172. References to repealed Act
PART 3 - TRANSITIONAL PROVISIONS FOR RACING AMENDMENT ACT 2008
173. Definitions for pt 3
174. Proceedings
175. Things done by former board
176. Continuing application of confidentiality obligation to members and employees of former continuing boards
177. Pt 3 does not affect existing legal relationships
PART 4 - TRANSITIONAL PROVISIONS FOR THE RACING AND OTHER LEGISLATION AMENDMENT ACT 2010
178. Definitions for pt 4
179. Proceedings
180. Things done by former control bodies
181. Rights and obligations of former control bodies under this Act
182. Pt 4 does not affect existing legal relationships
PART 5 - TRANSITIONAL PROVISIONS FOR RACING AND OTHER LEGISLATION AMENDMENT ACT 2012
Division 1 - Preliminary
183. Definitions for pt 5
Division 2 - Provisions relating to former control body
184. Continuity of employment
185. Proceedings
186. Things done by former control body
187. Rights and obligations of former control body under this Act
188. Continuation of action started against licensed club under ch 3, pt 4
189. Existing legal relationships not affected
190. References to control body or former control body
Division 3 - Other provisions
191. Destruction of fingerprints
192. Continued protection for persons about whom background documents obtained
PART 6 - TRANSITIONAL PROVISION FOR CRIMINAL LAW (CRIMINAL ORGANISATIONS DISRUPTION) AND OTHER LEGISLATION AMENDMENT ACT 2013
193. Applications not finally decided
CHAPTER 8 - TRANSITIONAL PROVISIONS FOR RACING INTEGRITY ACT 2016
PART 1 - PRELIMINARY
194. Definitions for chapter
195. Purpose of chapter and relationship with Racing Integrity Act
PART 2 - PROVISIONS RELATING TO CHAPTER 2
196. Working out net UBET product fee for the year of commencement
197. Existing member of all-codes board
198. (Expired)
199. Existing chief executive officer of all-codes board
200. (Expired)
200A. (Repealed)
201. Existing control board and members of control boards
202. Previous s 9CN continues to have effect despite repeal
203. Approval application received before commencement
204. Control body’s first quarterly report under s 87
205. Control body’s first strategic and operational plans
206. (Expired)
PART 3 - PROVISIONS RELATING TO CHAPTER 3
207. Existing Racing Integrity Commissioner
208. Invoice for funding performance of Racing Integrity Commissioner’s functions before commencement
209. Continued effect of previous s 113BB
PART 4 - PROVISIONS RELATING TO CHAPTER 4
210. Abolition of Racing Animal Welfare and Integrity Board
211. Things sent to facility before commencement
PART 5 - PROVISIONS RELATING TO PREVIOUS CHAPTER 4A
Division 1 - Preliminary matters
212. Purpose of part
212A. (Repealed)
213. Definitions for part
Division 2 - If notice of appeal given to registrar before commencement
214. Application of division
215. If there is notice of appeal before commencement
216. Rejection of notice of appeal
217. Continuation of ch 4A
Division 3 - If notice of appeal not given to registrar before commencement
218. Application of division
219. Person may apply to QCAT for external review of appellable decision
PART 6 - PROVISIONS RELATING TO PREVIOUS CHAPTER 5
220. Referral of appeal
221. Continued right of review by tribunal
222. Appeal under previous s 155
223. Continuation of ch 5
PART 7 - PROVISIONS RELATING TO OFFENCES BEFORE COMMENCEMENT
224. Act previously in force to apply to offences
PART 8 - (Expired)
CHAPTER 9 - TRANSITIONAL AND VALIDATING PROVISIONS FOR AGRICULTURE AND OTHER LEGISLATION AMENDMENT ACT 2020
225. Application of s 113A for all purposes and validation of relevant acts
226. Validation of particular acts and omissions done before commencement
CHAPTER 10 - TRANSITIONAL PROVISIONS FOR BETTING TAX AND OTHER LEGISLATION AMENDMENT ACT 2022
227. Definitions for chapter
228. Funding of country thoroughbred race meetings for 2022–2023 financial year
229. Particular amounts of net UBET product fee taken to be paid under new s 12
230. Reporting on country thoroughbred race meetings in annual report for 2022–2023 financial year
230A. (Repealed)
231. Obligation to amend existing racing calendars for thoroughbred racing
232. (Repealed)
233. (Repealed)
234. (Repealed)
235. (Repealed)
236. (Repealed)
237. (Repealed)
238. (Repealed)
239. (Repealed)
240. (Repealed)
241. (Repealed)
242. (Repealed)
242A. (Repealed)
242B. (Repealed)
243. (Repealed)
244. (Repealed)
245. (Repealed)
246. (Repealed)
247. (Repealed)
248. (Repealed)
248A. (Repealed)
248B. (Repealed)
248C. (Repealed)
248D. (Repealed)
248E. (Repealed)
248F. (Repealed)
248G. (Repealed)
248H. (Repealed)
248I. (Repealed)
248J. (Repealed)
248K. (Repealed)
248L. (Repealed)
248M. (Repealed)
249. (Repealed)
250. (Repealed)
251. (Repealed)
252. (Repealed)
253. (Repealed)
254. (Repealed)
255. (Repealed)
256. (Repealed)
257. (Repealed)
258. (Repealed)
259. (Repealed)
260. (Repealed)
261. (Repealed)
262. (Repealed)
263. (Repealed)
264. (Repealed)
265. (Repealed)
266. (Repealed)
267. (Repealed)
268. (Repealed)
269. (Repealed)
270. (Repealed)
271. (Repealed)
272. (Repealed)
273. (Repealed)
274. (Repealed)
275. (Repealed)
276. (Repealed)
277. (Repealed)
278. (Repealed)
279. (Repealed)
280. (Repealed)
281. (Repealed)
282. (Repealed)
283. (Repealed)
284. (Repealed)
285. (Repealed)
286. (Repealed)
287. (Repealed)
288. (Repealed)
289. (Repealed)
290. (Repealed)
291. (Repealed)
292. (Repealed)
293. (Repealed)
294. (Repealed)
295. (Repealed)
296. (Repealed)
297. (Repealed)
298. (Repealed)
299. (Repealed)
300. (Repealed)
301. (Repealed)
302. (Repealed)
303. (Repealed)
304. (Repealed)
305. (Repealed)
306. (Repealed)
307. (Repealed)
308. (Repealed)
309. (Repealed)
314. (Repealed)
315. (Repealed)
316. (Repealed)
317. (Repealed)
318. (Repealed)
320. (Repealed)
321. (Repealed)
322. (Repealed)
323. (Repealed)
324. (Repealed)
325. (Repealed)
326. (Repealed)
333. (Repealed)
339. (Repealed)
340. (Repealed)
341. (Repealed)
342. (Repealed)
344. (Repealed)
345. (Repealed)
346. (Repealed)
347. (Repealed)
348. (Repealed)
349. (Repealed)
352. (Repealed)
352A. (Repealed)
357. (Repealed)
358. (Repealed)
359. (Repealed)
360. (Repealed)
361. (Repealed)
362. (Repealed)
363. (Repealed)
364. (Repealed)
365. (Repealed)
366. (Repealed)
367. (Repealed)
368. (Repealed)
369. (Repealed)
370. (Repealed)
371. (Repealed)
372. (Repealed)
373. (Repealed)
374. (Repealed)
375. (Repealed)
376. (Repealed)
377. (Repealed)
378. (Repealed)
379. (Repealed)
380. (Repealed)
381. (Repealed)
382. (Repealed)
383. (Repealed)
384. (Repealed)
385. (Repealed)
386. (Repealed)
387. (Repealed)
388. (Repealed)
389. (Repealed)
390. (Repealed)
391. (Repealed)
392. (Repealed)
393. (Repealed)
394. (Repealed)
395. (Repealed)
396A. (Repealed)
397. (Repealed)
398. (Repealed)
399. (Repealed)
400. (Repealed)
401. (Repealed)
402. (Repealed)
403. (Repealed)
404. (Repealed)
405. (Repealed)
406. (Repealed)
407. (Repealed)
408. (Repealed)
409. (Repealed)
410. (Repealed)
411. (Repealed)
413. (Repealed)
414. (Repealed)
415. (Repealed)
416. (Repealed)
419. (Repealed)
420. (Repealed)
421. (Repealed)
422. (Repealed)
424. (Repealed)
426. (Repealed)
428. (Repealed)
429. (Repealed)
430. (Repealed)
431. (Repealed)
432. (Repealed)
436. (Repealed)
437. (Repealed)
438. (Repealed)
439. (Repealed)
441. (Repealed)
442. (Repealed)
443. (Repealed)
444. (Repealed)
446. (Repealed)
447. (Repealed)
448. (Repealed)
449. (Repealed)
454. (Repealed)
455. (Repealed)
456. (Repealed)
459. (Repealed)
SCHEDULE 1
Schedule 1 (Repealed)
SCHEDULE 2
Schedule 3 (Repealed)
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