Queensland Numbered Acts

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RACING INTEGRITY ACT 2016 - SECT 388

Replacement of sch 3 (Dictionary)

388 Replacement of sch 3 (Dictionary)

Schedule 3—
omit, insert—

1 &endash; Dictionary


"accepted representations" , for chapter 2, see section 32H(2).

"Act document" , for chapter 8, part 1, division 1, see section 310.

"advertising notice" see section 13(2)(a).

"affected by bankruptcy action" , in relation to an individual, means the individual is insolvent under administration within the meaning of the Corporations Act, section 9.

"animal welfare offence" means an animal welfare offence under the Racing Integrity Act .

"application code" , in relation to an approval application, means the proposed code of racing stated in the application.

"approval" , in relation to an approval applicant, means the Minister’s approval of the approval applicant.

"approval applicant" means the applicant named in an approval application as the applicant.

"approval application" means an application under section 10(1) for approval of a corporation as the control body for an application code.

"approval effect day" , in relation to a control body, means the day stated in the Minister’s approval as the day on which the approval takes effect.

"approved control body" means a corporation given a Minister’s approval.

"approved form" means a form approved under section 343.

"assessment report" means a report under section 18(2) or 19(3) about an approval application or approval applications.

"at" , a place, includes in and on the place.

"background document" , for chapter 8, part 1, division 1, see section 310.

"betting exchange" , for chapter 3, part 6, see section 113AC.

"betting meeting" means a meeting held by a licensed club at a licensed venue under the control of a control body, but at which no race is held.

"board" means the Racing Queensland Board established under section 9AA.

"board code of racing" see section 9AB.

"bookmaking" means the business of receiving or negotiating bets and includes the settlement of bets.

"business address" , of a control body, means the business address of the control body as stated in its approval.

"business associate"
(a) means—
(i) for an approval application—a person whom the chief executive believes will, if the approval applicant is approved as a control body, be associated with the ownership or management of the operations of the control body; or
(ii) for a corporation approved as a control body—a person whom the chief executive believes is associated with the ownership or management of the operations of the corporation as a control body; and
(b) includes, for any other corporation—an executive officer of the corporation.

"chairperson" means the chairperson of the board.
""

"" chief executive officer means the chief executive officer of the board.

"" closure date see section 14(2).

"" club means either of the following that has, as part of its objects, the object of promoting animal racing of a particular breed or type of animal—
(a) a corporation registered under the Corporations Act;
(b) an incorporated association under the Associations Incorporation Act 1981 .

"code of racing" means any of the following—
(a) thoroughbred racing;
(b) harness racing;
(c) greyhound racing;
(d) another code of racing stated in a Minister’s approval.

"commission" means the Queensland Racing Integrity Commission established under the Racing Integrity Act.

"confidential information" , for chapter 8, part 1, division 1, see section 310.

"control body" means—
(a) an approved control body; or
(b) the board.

"control body direction" see section 34(3).

"control body form" means a form approved by a control body for its code of racing.

"control body officer" , for chapter 8, part 1, division 1, see section 310.

"conviction" , of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.

"copy" , for chapter 8, part 1, division 1, see section 310.

"court" , for chapter 8, part 1, division 1, see section 310.

"criminal history" , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , and—
(a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and
(b) despite section 5 of that Act, includes a charge made against the person for an offence.

"criminal organisation" means—
(a) for the definition identified participant —a criminal organisation under the Criminal Code, section 1; or
(b) otherwise—an organisation identified by the police commissioner as a criminal organisation within the meaning of the Criminal Code, section 1.

"deal with" , an asset, for chapter 3, part 5, division 4, see section 111.

"decision-maker" , for an original decision, see section 114(2).

"deputy chairperson" means the deputy chairperson of the board.

"disciplinary action" , relating to a Minister’s approval or licence, means 1 or more of the following—
(a) cancelling the approval or licence;
(b) suspending the approval or licence for a stated period;
(c) varying the approval or licence in either of the following ways, except if the variation is made as the result of an application of the control body or licence holder
(i) changing a condition stated in the approval or licence to which it is subject;
(ii) stating a new condition to which the approval or licence is to be subject.

"dispose" , for chapter 3, part 5, division 4, see section 111.

"disqualifying conviction" means either of the following—
(a) a conviction, whether or not a spent conviction, for an offence against—
(i) this Act, the Racing Integrity Act or the repealed Act; or
(ii) a law of another State, that is prescribed by regulation as a law about racing or betting;
(b) a conviction for an indictable offence against another Act or law, other than an irrelevant spent conviction.

"document or information request" , for chapter 3, part 6, see section 113AG.

"eligible corporation" means a corporation that—
(a) is registered under the Corporations Act; and
(b) has a constitution under the Corporations Act that, at all times, requires—
(i) at least 3 directors; and
(ii) the persons appointed or employed as executive officers of the corporation to be eligible individuals; and
(c) has not, at any time, had a licence cancelled under this Act or the Racing Integrity Act.

"eligible individual" means a person who—
(a) is not affected by bankruptcy action; and
(b) does not have a disqualifying conviction; and
(c) is not subject to an exclusion action; and
(d) is not licensed by, or is not an executive officer of a corporation that is licensed by, the commission; and
(e) is not a member of a committee, or employee, of—
(i) a licensed club; or
(ii) an association formed in Australia to promote the interests of 1 or more participants in a code of racing; and
(f) is not disqualified from managing corporations, under the Corporations Act, part 2D.6; and
(g) has not, at any time, had a licence cancelled under this Act or the Racing Integrity Act.

"exclusion action" , relating to a person, means—
(a) for an action taken by a control body against the person—naming the person on a list that—
(i) is kept under the control body’s rules of racing and identifies persons whose entitlements under the rules are forfeited; and
(ii) is, from time to time, published in the control body’s racing calendar; or
(b) for an action taken by the commission against the person—warning off the person from entering, or remaining at, a licensed venue, or other place at which trials are or are to be conducted, when the licensed venue or place is being used for a control body’s code of racing.

"executive associate" means—
(a) for an approval application—an executive officer of a corporation, a partner, a trustee, or another person stated by the chief executive, whom the chief executive believes will, if the approval applicant is approved as a control body, be associated with the ownership or management of the operations of the control body; or
(b) for a corporation approved as a control body—an executive officer of the corporation, a partner, a trustee, or another person stated by the chief executive, whom the chief executive believes is associated with the ownership or management of the operations of the corporation as a control body.

"executive officer" means—
(a) of a corporation—a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation or the person’s position is given the name of executive officer; or
(b) of the board—a member, the chief executive officer or another person who is concerned with, or takes part in, the board’s management.

"exercise control" , by the commission at a licensed venue, see the Racing Integrity Act .

"forge" , for chapter 8, part 1, division 1, see section 310.

"holding company" , in relation to a body corporate, see the Corporations Act, section 9.

"identified participant" , in a criminal organisation, means a person who is identified by the police commissioner as a participant in the organisation within the meaning of the Criminal Code, section 60A(3).

"indictable offence" includes an indictable offence dealt with summarily.

"information notice" , about a decision, means a notice stating the following—
(a) the decision;
(b) the date of the decision;
(c) the date the decision takes effect;
(d) the reasons for the decision;
(e) for a decision that is an original decision—how a person to whom the notice is given may apply for an internal review of the decision within 14 days after the person receives the notice.

"interested person" , for an original decision, see section 115.

"internal review application" means an application under section 117 for an internal review of an original decision.

"internal review decision" see section 119(1)(b).

"licence" means—
(a) a licence under the Racing Integrity Act in relation to—
(i) an animal that is suitable for racing in a code of racing; or
(ii) a person who is suitable to be a participant in a code of racing, including, for example, as the owner of an animal or as a racing bookmaker, racing bookmaker’s clerk, rider, stable supervisor, stablehand or trainer; or
(b) a licence under this Act in relation to—
(i) a club that is suitable to be licensed for a code of racing; or
(ii) a venue that is suitable for race meetings for a code of racing.

"licence holder" means—
(a) for an animal or place—the person stated in the licence as the holder of the licence; or
(b) otherwise—the person who is licensed.

"licensed" means—
(a) for a club or venue—licensed by a control body under this Act; or
(b) otherwise—licensed by the commission under the Racing Integrity Act.

"licensed animal" means—
(a) an animal that is licensed by the commission for a code of racing; or
(b) an animal that a person presents at a licensed venue, another place where a trial for licensed animals is or is to be held or any other place, as if the animal were a licensed animal.

"licensed club" means a club licensed by a control body to hold race meetings for its code of racing.

"licensed venue" means a place licensed by a control body as a place at which a race meeting may be held by a licensed club for its code of racing.

"licensed wagering operator" , for chapter 3, part 6, see section 113AB.
manage—
(a) in relation to a code of racing or application code in an approval application, includes—
(i) regulating activities associated with the code or application code; and
(ii) prohibiting some activities, or aspects of an activity, associated with the code or application code; or
(b) in relation to a licensed venue by a control body, means the control body that licensed the venue has included the contest, contingency, event or race meeting to be held at the venue in the control body’s racing calendar.

"member" means a member of the board.

"Ministerial direction" means a direction given by the Minister to—
(a) the board under section 9BM; or
(b) an approved control body under section 32C.

"Minister’s approval" means an approval as a control body given by the Minister to an approval applicant under section 26.

"money" includes—
(a) bank notes, coins, bank drafts, marketable securities, cheques and other orders, warrants, authorities or requests for the payment of money; and
(b) an acknowledgement, note or other thing purporting or intended to entitle the bearer or another person to money or money’s worth.

"non-industry member" see section 9AI(1)(a).

"non-proprietary club" means a club with a constitution that does both of the following—
(a) provides for the application of all of the club’s profits and other income to the promotion of the club’s objects;
(b) prohibits the payment of dividends to the members of the club.

"non-proprietary entity" , for chapter 3, part 5, division 4, see section 111.

"notice" means a written notice.

"objector" see section 15(1).

"operational plan" means a control body’s operational plan under chapter 2, part 3, division 5.

"original decision" see section 114(1).

"participant" means a person involved with a code of racing, other than—
(a) a club; or
(b) a person who participates merely by doing either or both of the following—
(i) attending a race meeting;
(ii) placing a bet with a racing bookmaker, within the meaning of the Racing Integrity Act, at a race meeting.

"place" includes land and premises.

"police commissioner" means commissioner of the police service.

"policy" means a policy made by a control body for its code of racing under chapter 3, part 2.

"premises" includes—
(a) a building or structure, or part of a building or structure, of any type; and
(b) a group of buildings or structures, or part of a group of buildings or structures, of any type.

"principal racing authority" , for chapter 3, part 6, see section 113AB.

"proposed action" , for chapter 2, see section 32G(2)(a).

"Queensland race information" , for chapter 3, part 6, see section 113AB.

"race" means a contest, contingency or event managed by a control body in which 2 or more licensed animals compete against each other for the purpose of providing a contest, contingency or event on which bets may be made.

"race information authority" , for chapter 3, part 6, see section 113AB.

"race meeting" means—
(a) a meeting for conducting racing of licensed animals; or
(b) a betting meeting.

"racing calendar" see section 38(1).

"racing-industry member" see section 9AI(1)(b).

"Racing Integrity Act" means the Racing Integrity Act 2016 .

"regulation condition" see section 30(1).

"relevant control body" , for chapter 3, part 5, division 4, see section 111.

"repealed Act" means the Racing and Betting Act 1980 .

"review notice" see section 119(1)(c).

"rider" , of an animal, includes—
(a) the driver of the animal; and
(b) the jockey for the animal.

"rules of racing" means the rules of racing, as in force from time to time, of a control body for its code of racing, as required under section 91(1).

"show cause notice"
(a) for chapter 2, part 2, division 8—see section 32G(1); or
(b) for chapter 3, part 4—see section 102(1).

"show cause period"
(a) for chapter 2, part 2, division 8—see section 32G(2)(g); or
(b) for chapter 3, part 4—see section 102(2)(e).

"spent conviction" means a conviction
(a) for which the rehabilitation period under the Criminal Law (Rehabilitation of Offenders) Act 1986 has expired under that Act; and
(b) that is not revived as prescribed under section 11 of that Act.

"staff" , in relation to a control body, means persons employed by the control body in any capacity.

"strategic plan" means a control body’s strategic plan under chapter 2, part 3, division 5.

"substantial holding" see the Corporations Act, section 9.

"totalisator" , for chapter 3, part 6, see section 113AB.

"trial" means a contest, contingency or event managed by a control body, and controlled by the commission, for testing or training licensed animals, but is not a contest, contingency or event on which bets may be made.

"UBET" means UBET Qld Limited ACN 085 691 738.

"unsuitable corporation" means a corporation—
(a) that is a criminal organisation; or
(b) in which a substantial holding in the corporation is held by—
(i) an identified participant in a criminal organisation; or
(ii) a criminal organisation; or
(c) that has a holding company that is a criminal organisation.

"venue" includes a track.
""

"wagering monitoring system" , for chapter 3, part 6, see section 113AB.

"wagering operator" , for chapter 3, part 6, see section 113AB.

"welfare" , of an animal, means issues about the health, safety or wellbeing of the animal.

2 &endash; Renumbered cross-references

Liquor Act 1992

1 section 4, definition racing offence provision, paragraph (b)

Racing Integrity Act 2016

1 section �27
2 section �28
3 section �29
4 section �71
5 section �78
6 section �76
7 section �77
8 section �227
9 section �269
10 section 291



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