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RACING INTEGRITY ACT 2016
- As at 1 February 2024
- Act 12 of 2016
TABLE OF PROVISIONS
Long Title
CHAPTER 1 - PRELIMINARY
1. Short title
2. Commencement
3. Main purposes of Act and their achievement
4. Extraterritorial application of Act
5. Dictionary
6. Act binds State, Commonwealth and other States
CHAPTER 2 - QUEENSLAND RACING INTEGRITY COMMISSION
PART 1 - ESTABLISHMENT
7. Establishment and status
8. Commission represents the State
9. Application of other Acts
PART 2 - FUNCTIONS AND POWERS
10. Functions
11. General restriction on functions
12. Powers
13. Ministerial directions
PART 3 - RACING INTEGRITY COMMISSIONER AND DEPUTY RACING INTEGRITY COMMISSIONERS
14. Racing Integrity Commissioner
15. Deputy Racing Integrity Commissioners
16. Persons eligible to be commissioner or deputy commissioner
17. Functions of commissioner
18. Functions of deputy commissioner
19. Powers of commissioner and deputy commissioner
20. Vacancy in office
21. Resignation
22. Removal or suspension
23. Acting commissioner
24. Acting deputy commissioner
25. Preservation of rights of commissioner and deputy commissioner
26. Delegations
PART 4 - COMMISSION’S ROLE IN ASSESSING APPROVAL APPLICATIONS
27. Assessment of approval applications
28. Assessment if 2 or more approval applications
29. Assessing applicants for approval applications
30. Commission may require further information or documents
PART 5 - AUDITS AND INVESTIGATIONS
Division 1 - Commission’s powers for investigations
31. Investigations into suitability of a control body
32. Investigation into suitability of associate of control body
33. Requirement to give information or document for investigation
34. Failure to give information or document for investigation
35. Criminal history report for investigation
Division 2 - Commissioner’s powers for audits and investigations
36. Powers for audits and investigations
37. Power to require attendance and giving of evidence
38. Power to require information, document or thing
39. Offences relating to audits and investigations
40. Power to refuse to investigate complaint
PART 6 - REPORTING AND ACCOUNTABILITY
Division 1 - Reporting generally
41. Quarterly reports
42. Commission to keep Minister informed
43. Reporting to department
44. Other reporting requirements
Division 2 - Annual reports
45. Annual report
Division 3 - Strategic and operational plans
46. Interaction with the Financial Accountability Act 2009
47. Draft strategic and operational plans
48. Procedures
49. Strategic or operational plan pending agreement
50. Strategic or operational plan on agreement
51. Compliance with strategic and operational plans
52. Modifications of strategic or operational plan
53. Content of strategic and operational plans
PART 6A - INFORMATION SHARING
53A. Exchange of information
PART 7 - ADMINISTRATION
54. Funding
55. Recovery of unpaid amounts
56. Commission may charge fees for its services
CHAPTER 3 - COMMISSION’S FUNCTIONS IN RELATION TO CODES OF RACING
PART 1 - PRELIMINARY
57. Purpose of chapter
PART 2 - STANDARDS
Division 1 - General provisions about standards
58. Standards for codes of racing
59. Form of standards
60. Availability of standards
61. Application of standards
62. Standards are statutory instruments
Division 2 - Standards for licensing schemes
63. Purposes of licensing schemes
64. Standards for licensing schemes for codes of racing
65. Standards for a licensing scheme—mandatory matters
66. Standards for a licensing scheme—discretionary matters
67. Application for licence
68. Licences may not be transferred
Division 3 - Other matters about policies
69. Same animal or participant may be licensed for multiple codes of racing
CHAPTER 4 - RACING BOOKMAKERS
PART 1 - REQUIREMENTS FOR RACING BOOKMAKERS’ LICENCES AND FOR RELATED MATTERS
70. Requirement to hold racing bookmaker’s licence or approval
71. Requirement for racing bookmaker to hire licensed clerk
72. Requirement to hold licence as racing bookmaker’s clerk
73. Requirement to produce licence or approval
74. Requirement for commission to ensure particular persons have current licences
75. Unlawful bookmaking by racing bookmaker
76. Requirements for betting by racing bookmakers
77. Special requirements for betting by racing bookmaker who holds offcourse approval
PART 2 - LICENSING OF PERSONS AS RACING BOOKMAKERS
Division 1 - Applications for racing bookmaker’s licences
78. Applications
79. Requirements about applications
80. Further information or documents to support application
Division 2 - Suitability of applicants and associates
81. Suitability of applicants for racing bookmaker’s licence
82. Suitability of business and executive associates
83. Other matters about suitability
Division 3 - Dealing with applications
84. (Repealed)
85. Consideration of application
86. Conditions for granting application
87. Investigation of suitability of persons
88. (Repealed)
89. Criminal history reports for investigations
90. Requirement of associate to give information or document for investigation
91. Decision on application
92. Form of racing bookmaker’s licence
93. What corporate licence must include
94. Period for which racing bookmaker’s licence has effect
Division 4 - Investigations of racing bookmakers and associates
95. Audit program
96. Investigations into suitability of licence holder
97. Investigation into suitability of associate of licence holder
98. Criminal history report for investigation
99. Requirement to give information or document for investigation
100. Failure to give information or document for investigation
Division 5 - Cancellation of racing bookmaker’s licences
101. Grounds for cancellation
102. (Repealed)
103. Show cause notice
104. Consideration of submission
105. Ending show cause process without further action
106. Cancellation
107. Return of cancelled racing bookmaker’s licence
108. Censuring licence holder
Division 6 - Other matters relating to licensing
109. Corporate licence holder must advise commission of change in executive officers or persons with substantial holdings
110. Commission may amend racing bookmaker’s licence to show change in executive officers
111. Surrender of racing bookmaker’s licence
112. (Repealed)
Division 7 - (Repealed)
PART 3 - OFFCOURSE APPROVALS FOR RACING BOOKMAKERS
Division 1 - Applications for, and granting of, offcourse approvals
116. Application for offcourse approval
117. Further information or documents to support application
118. Requirement of commission to give information or documents relating to application
119. Consideration of application
120. Decision on application
121. What are the conditions of an offcourse approval
122. What is the accepted undertaking for an offcourse approval
123. Notice of decision on application
Division 1A - Amendments of offcourse approvals
123A. Application for amendment of offcourse approval
123B. Further information or documents to support amendment application
123C. Decision on amendment application
123D. Notice of decision to refuse amendment application
Division 2 - Cancellation of offcourse approval
124. Grounds for cancellation
125. Show cause notice
126. Involvement of commission in show cause process
127. Consideration of submissions
128. Ending show cause process without further action
129. Cancellation
130. Return of cancelled offcourse approval
131. Automatic cancellation or suspension of offcourse approval
132. Censuring racing bookmaker
133. Notice to commission of decisions
Division 3 - Immediate suspension of offcourse approval
134. Immediate suspension of offcourse approval
PART 3A - BETTING INDUCEMENTS AND DIRECT MARKETING
134A. Definitions for part
134B. Prohibited inducements
134C. Betting using free bets
134D. Restrictions on direct marketing
134E. Obligation of racing bookmaker to identify person’s location
PART 4 - OTHER PROVISIONS ABOUT RACING BOOKMAKERS
135. When a racing bookmaker may make a bet with a person who is not present at a licensed venue
136. Racing bookmakers to maintain insurance policy or bond to indemnify bettors against default
137. Commission to ensure racing bookmaker has accepted insurance policy or bond
138. Prohibition of betting by racing bookmaker with minor
139. Lawful bet by racing bookmaker is taken to be a valid contract
140. Payment and settlement of bets
PART 5 - MISCELLANEOUS
141. Bookmaking on particular declared sporting contingencies
142. Racing bookmaker’s agent during particular periods
142A. Approving telecommunications system for bookmaking
CHAPTER 5 - INVESTIGATION AND ENFORCEMENT
PART 1 - GENERAL PROVISIONS ABOUT AUTHORISED OFFICERS
Division 1 - Appointment
143. Authorised officers under this chapter
144. Functions of authorised officers
145. Appointment and qualifications
146. Appointment conditions and limit on powers
147. When office ends
148. Resignation
Division 2 - Identity cards
149. Issue of identity card
150. Production or display of identity card
151. Return of identity card
Division 3 - Miscellaneous provisions
152. Reference to exercise of powers
153. Reference to document includes reference to reproductions from electronic document
PART 2 - ENTRY OF PLACES BY AUTHORISED OFFICERS
Division 1 - Power to enter
154. General power to enter places
155. Power to enter place to check action required under animal welfare direction
156. Power to enter place to ascertain if animal severely injured
157. Power to enter place in relation to animal welfare offence
158. Limited entry power to provide relief to animal
Division 2 - Entry by consent
159. Application of division
160. Incidental entry to ask for access
161. Matters authorised officer must tell occupier
162. Consent acknowledgement
Division 3 - Entry for particular purposes
163. Entry of place under ss 155, 156 and 157
Division 4 - Entry under warrant
Subdivision 1 - Obtaining warrant
164. Application for warrant
165. Issue of warrant
166. Electronic application
167. Additional procedure if electronic application
168. Defect in relation to a warrant
Subdivision 2 - Entry procedure
169. Entry procedure
PART 3 - OTHER AUTHORISED OFFICERS’ POWERS AND RELATED MATTERS
Division 1 - Stopping or moving vehicles
170. Application of division
171. Power to stop or move
172. Identification requirements if vehicle moving
173. Failure to comply with direction
Division 2 - General powers of authorised officers after entering places
174. Application of division
175. General powers
176. Power to require reasonable help
177. Offence to contravene help requirement
Division 3 - Seizure by authorised officers and forfeiture
Subdivision 1 - Power to seize
178. Seizing evidence at a place that may be entered without consent or warrant
179. Seizing evidence at a place that may be entered only with consent or warrant
180. Seizure of property subject to security
Subdivision 2 - Powers to support seizure
181. Power to secure seized thing
182. Offence to contravene seizure requirement
183. Offence to interfere
Subdivision 3 - Safeguards for seized things
184. Receipt and information notice for seized thing
185. Access to seized thing
186. Return of seized thing
Subdivision 4 - Forfeiture
187. Forfeiture by commissioner decision
188. Information notice about forfeiture decision
Subdivision 5 - Dealing with property forfeited or transferred to the State
189. When thing becomes property of the State
190. How property may be dealt with
Division 4 - Disposal orders
191. Disposal order
Division 5 - Animal welfare directions
192. Application of division
193. Power to give animal welfare direction
194. Requirements for giving animal welfare direction
195. Failure to comply with animal welfare direction
Division 6 - Authorised officer’s power to destroy animals
196. Power of destruction
Division 7 - Other information-obtaining powers of authorised officers
197. Power to require name and address
198. Offence to contravene personal details requirement
199. Power to require production of document
200. Offence to contravene document production requirement
201. Offence to contravene document certification requirement
202. Power to require information
203. Offence to contravene information requirement
PART 4 - MISCELLANEOUS PROVISIONS RELATING TO AUTHORISED OFFICERS
Division 1 - Damage
204. Duty to avoid inconvenience and minimise damage
205. Notice of damage
Division 2 - Compensation
206. Compensation
Division 3 - Other offences relating to authorised officers
207. Giving authorised officer false or misleading information
208. Obstructing authorised officer
209. Impersonating authorised officer
Division 4 - Other provisions
210. Evidential immunity for individuals complying with particular requirements
CHAPTER 5A - REPORTING AND RECORDING REQUIREMENTS FOR LIVESTOCK SLAUGHTER FACILITIES
210A. Reporting requirement for supplier of horses to livestock slaughter facilities
210B. Records to be kept by owner of livestock slaughter facility
210C. Reporting obligation of owner of livestock slaughter facility
CHAPTER 6 - GENERAL
PART 1 - OFFENCES
Division 1 - Offences relating to administration of Act
211. Definitions for division
212. Offence to disclose confidential information or copy background document
213. Forgery and uttering Act documents
214. Making a false statement in application or other document
Division 2 - Offences relating to racing contingencies
215. Person must not conduct a racing contingency
Division 3 - Offences relating to prohibited things or interfering with licensed animals, persons or things
216. Definitions for division
217. Person must not possess prohibited thing at particular places
218. Person must not use prohibited thing on, or interfere with, a licensed animal
219. Person must not interfere with licence holder or official of the commission
Division 4 - Unlawful bookmaking, places where betting done unlawfully and other provisions
220. Application of division
221. Unlawful bookmaking other than by racing bookmakers etc.
222. Illegal betting place
223. Prohibition on opening, keeping, using or promoting an illegal betting place
224. Contravention of s 221 or 223
225. Using an illegal betting place
226. Prohibition of betting at public place
Division 5 - Attempts
227. Attempt to commit offence
PART 2 - EVIDENTIARY AND LEGAL PROCEEDINGS
Division 1 - Evidence
228. Application of division
229. Appointments and authority
230. Evidentiary aids
231. Other evidentiary provisions
Division 2 - Offence proceedings
232. Types of offences
233. Proceedings for indictable offences
234. Limitation on who may summarily hear indictable offence
235. Proceedings for simple offences
236. When convictions for offences not receivable in evidence
Division 3 - Remedies
237. Recovery of seizure, compliance or destruction costs
238. Compensation because of animal welfare offence
239. General provisions for orders about compensation or costs
PART 3 - REVIEWS AND APPEALS OF PARTICULAR DECISIONS
Division 1 - Preliminary
240. What is an original decision
241. Who is an interested person for an original decision
Division 2 - Internal reviews
242. Review starts with internal review
243. Applying for internal review of original decision
244. Staying operation of original decision on internal review
245. Reviewing original decision
Division 3 - External review
246. Applying for external review
Division 4 - Appeals
247. Appealing internal review decision
248. Staying operation of internal review decision
249. Powers of court on appeal
250. Effect of court’s decision on appeal
251. Particular powers about seizure or forfeiture
252. Appeal to District Court
PART 4 - REVIEWS AND APPEALS OF STEWARDS’ RACING DECISIONS
Division 1 - Preliminary
252AA. Definitions for part
Division 2 - Application for review by panel
252AB. Applying for review
252AC. Parties to application
Division 3 - Constitution of panel
252AD. Constituting panel for application
252AE. Disclosure of conflicting interest
Division 4 - Deciding applications
Subdivision 1 - Making decisions
252AF. Way application decided
252AG. When application must be decided
252AH. Decision of panel
Subdivision 2 - Hearings
252AI. Notice of hearing
252AJ. Public hearing
252AK. Requiring witness to attend or produce document or thing
252AL. Offences for witness
252AM. Hearing in absence of parties or others
252AN. Contempt of panel at hearing
Subdivision 3 - Other procedural matters
252AO. Conducting review generally
252AP. Evidence before panel
252AQ. Applicant bears own costs
252AR. Withdrawal of application
252AS. Record of review
Division 5 - Stays of stewards’ racing decisions
252AT. Staying operation of racing decision
Division 6 - Appeal of panel decisions
252AU. Appealing disqualification action to appeal tribunal
252AV. Staying operation of panel’s decision
PART 5 - RACING APPEALS PANEL
Division 1 - Establishment, functions and powers
252AW. Establishment of panel
252AX. Finances of panel
252AY. Functions of panel
252AZ. Powers
252BA. Independence of panel and members
Division 2 - Members
Subdivision 1 - Appointments
252BB. Composition of panel
252BC. Appointment
252BD. Eligibility for appointment
252BE. Term of appointment
252BF. Conditions of appointment
Subdivision 2 - Functions
252BG. Functions of members
Subdivision 3 - Ending appointments
252BH. Resignation
252BI. Removal from office
252BJ. Vacancy in office
Division 3 - Administration
Subdivision 1 - Registry
252BK. Registrar and other staff
252BL. Functions of registrar
252BM. Register of decisions
Subdivision 2 - Criminal history
252BN. Criminal history report
252BO. Changes in criminal history must be disclosed
Subdivision 3 - Miscellaneous
252BP. Annual performance report
CHAPTER 7 - MISCELLANEOUS PROVISIONS
PART 1 - MISCELLANEOUS PROVISIONS RELATING TO RACING AND BETTING
253. Betting under this Act is lawful
254. Time race meeting taken to commence
255. Void betting contracts etc.
256. Betting and other activities to which s 255 does not apply
PART 1A - MISCELLANEOUS PROVISIONS RELATING TO STEWARDS’ REPORTS
256A. Publication of stewards’ reports
256B. Request for commission not to publish personal information contained in steward’s report
256C. Publication of elevated readings for licensed horses
PART 2 - OTHER MISCELLANEOUS PROVISIONS
257. Approved forms
258. Delegations
259. Protection from civil liability
260. Protection from liability for giving information
261. Sharing of information by authorised officer
262. Interaction with other laws
263. Executive officer may be taken to have committed offence
264. (Repealed)
265. Fees etc. owing to the State are debts
266. Regulation-making power
CHAPTER 8 - TRANSITIONAL PROVISIONS FOR ACT NO. 12 OF 2016
PART 1 - PURPOSES AND DEFINITIONS
267. Main purposes
268. Definitions for chapter
PART 2 - GENERAL APPROACH FOR EXISTING MATTERS UNDER PREVIOUS PROVISIONS
269. Document, action, obligation, right or protection under previous provision
270. Terminology in things mentioned in s 269
271. Period stated in previous provision
272. Period or day stated in document given under previous provision
273. Action happening before commencement may be relevant to proceeding for particular acts or omissions
PART 3 - EXAMPLES OF CONTINUING MATTERS FOR PREVIOUS PROVISIONS
274. Examples for previous ss 47–51
275. Examples for previous ch 3, pt 2, divs 2 and 3
276. Examples for previous ch 3A, pt 3
277. Examples for previous ch 6, pts 1 and 3A to 5
278. Examples for previous ch 7
PART 4 - OTHER MATTERS
Division 1 - Staff of the commission
279. What is the employee register
280. Who is a transferable employee
281. Transfer of transferable employees
282. Preservation of rights of transferable employees
Division 2 - Eligibility certificates
283. Existing applications for eligibility certificates
284. Existing right to apply for licence as racing bookmaker
285. Continuing obligation of certificate holders to give notice of particular changes
286. Approved audit program
287. Continuation of show cause process
288. Reviews
289. Continuing obligation of control body to give notice of certain actions about racing bookmakers
Division 3 - Miscellaneous provisions
290. Licences and other documents under policies
291. Offences before commencement
292. Acts Interpretation Act 1954, s 20 not limited
PART 5 - (Expired)
CHAPTER 8A - (Expired)
CHAPTER 9 - OTHER TRANSITIONAL PROVISIONS
PART 1 - TRANSITIONAL PROVISIONS FOR SERIOUS AND ORGANISED CRIME LEGISLATION AMENDMENT ACT 2016
294. Applications not finally decided
295. Show cause process not finally decided
296. Proceedings not finally decided
PART 2 - TRANSITIONAL PROVISION FOR CRIMINAL CODE (CONSENT AND MISTAKE OF FACT) AND OTHER LEGISLATION AMENDMENT ACT 2021
297. Interactive betting accounts established before commencement
PART 3 - TRANSITIONAL PROVISIONS FOR RACING INTEGRITY AMENDMENT ACT 2022
298. Definitions for part
299. Existing application to act as racing bookmaker’s agent
300. Existing matters relating to telecommunications systems
301. Review of existing racing decisions
SCHEDULE 1
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