RACING REGULATION AND INTEGRITY ACT 2024 (NO. 16 OF 2024)

Tasmanian Numbered Acts

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RACING REGULATION AND INTEGRITY ACT 2024 (NO. 16 OF 2024)

- Act 16 of 2024
- Royal Assent 2 October 2024

TABLE OF PROVISIONS

Long Title

PART 1 - Preliminary

1. Short title
2. Commencement
3. Interpretation
4. Act binds Crown
5. Application of Act

PART 2 - Tasmanian Racing Integrity Commissioner

Division 1 - Preliminary

6. Interpretation of Part

Division 2 - Tasmanian Racing Integrity Commissioner

7. Tasmanian Racing Integrity Commissioner
8. Staff and facilities
9. Functions of Commissioner
10. General powers of Commissioner
11. Performance and exercise of Commissioner’s functions and powers generally
12. Recommendations by Commissioner
13. Compliance with direction of Commissioner
14. Delegation

Division 3 - Investigations by Commissioner

15. Investigations
16. Refusal to conduct investigation
17. Procedure on investigation
18. Conduct of investigations
19. Procedure on completion of investigation
20. Disclosure of information by Commissioner

Division 4 - InquiriesSubdivision 1 - General powers and procedures

21. Holding of inquiries
22. Conduct of inquiries
23. Hearings to be public
24. Control of public reporting
25. Referral of questions of law
26. Allegations of misconduct
27. Commissioner's findings
28. Private sessions
29. Legal effect of private sessions
30. Offences relating to private sessions
31. Rules of evidence
32. Admissibility of evidence in other proceedings
33. Notices to witnesses
34. Notice to produce document or statement
35. Privilege does not apply in certain circumstances
36. Powers in relation to witnesses
37. Compensation for witnesses
38. Interpretation of Subdivision
39. Power of entry, search and seizure
40. Power to examine under oath
41. Self-incrimination
42. Failure to give or produce evidence is contempt
43. Other contempts
44. Show cause procedure
45. Review of decision to certify contempt
46. Punishment for contempt
47. Fines for contempt
48. Representation
49. Evidentiary provisions
50. Offences

Division 5 - Reporting

51. Annual report by Commissioner
52. Report to Minister on failure by Tasracing to comply with requirements

Division 6 - Integrity and Animal Welfare Standards

53. Integrity and Animal Welfare Standards
54. Request by Minister to prepare Standards

PART 3 - Integrity and Animal Welfare Advisory Committee

55. Integrity and Animal Welfare Advisory Committee
56. Functions and powers of Advisory Committee

PART 4 - Racing Integrity Committee

57. Racing Integrity Committee
58. Functions of Racing Integrity Committee

PART 5 - Tasracing

Division 1 - General provisions

59. General functions and powers of Tasracing
60. Decisions in respect of licences and registration under the Rules of Racing
61. Tasracing to prepare and submit annual integrity plan to Commissioner for endorsement

Division 2 - Rules

62. Rules of Racing
63. Tasracing may require attendance at inquiry by stewards under Rules of Racing
64. Miscellaneous

Division 3 - Directions

65. Directions by Tasracing

Division 4 - Tasracing Integrity Unit

66. Tasracing Integrity Unit
67. Appointment of Chief Racing Integrity Officer
68. Appointment of stewards and other racing officials
69. Effect of appointment under this Division

PART 6 - Tasmanian Racing Appeal Board

Division 1 - Preliminary

70. Interpretation of Part

Division 2 - Establishment and operation

71. Tasmanian Racing Appeal Board (TRAB)
72. Delegation by chairperson
73. Role of deputy chairperson
74. TRAB secretary
75. Consultation with racing industry

Division 3 - Institution of appeals to TRAB

76. Persons may appeal to TRAB about certain matters
77. Other rights of appeal to TRAB
78. How and when should persons appeal?
79. Procedure on appeals

Division 4 - Conduct of appeals before TRAB

80. Constitution of TRAB for appeals &c.
81. Hearing of appeals
82. Referral of questions of law
83. Control of proceedings
84. Control of public reporting
85. Suspension of penalties pending appeals
86. Representation before TRAB

Division 5 - Evidence and witnesses

87. Interpretation of Division
88. Rules of evidence
89. Notices to witnesses
90. Notice to produce document or statement
91. Privilege does not apply in certain circumstances
92. Power to examine under oath
93. Failure to give or produce evidence is contempt
94. Other contempts
95. Show cause procedure
96. Review of decision to certify contempt
97. Punishment for contempt
98. Fines for contempt

Division 6 - Determination of appeals

99. Determination of appeals
100. Recommendations of TRAB

Division 7 - Miscellaneous

101. Protection of TRAB members &c.
102. Offences

PART 7 - Regulation of Racing

Division 1 - Restrictions on holding race meetings

103. What is a race meeting?
104. Who may hold race meetings?
105. Where may race meetings, &c., be held?
106. Race meeting permits

Division 2 - Clubs and racing by clubs

107. Provisions about clubs
108. Applications for registration or renewal of registration of club
109. Features of club registration
110. Suspension and cancellation, &c., of registration
111. Substitute race meetings on suspension, &c., of registration
112. Purchase and improvement of racecourses
113. Allotment of racing days
114. Betting-only meetings
115. Emergency conversion of race meetings to betting-only meetings
116. Club returns, &c.
117. Accounting records, audit, &c.
118. Winding-up of clubs
119. Merger of clubs
120. Prohibition of proprietary racing

Division 3 - Officers

121. Appointment, &c., of club officers

Division 4 - Miscellaneous

122. Stewards may regulate betting in certain cases
123. Effect of disqualification
124. Warning-off notices and exclusion notices

PART 8 - Regulation of Publication of Race Field Information

125. Interpretation – publishing of Tasmanian race field information
126. Publication of Tasmanian race field information restricted
127. Determination relating to publication of race field information
128. Tasracing may grant race field information publication approvals
129. Applications for race field information publication approvals
130. Effect of race field information publication approval limited

PART 9 - Regulation of Bookmaking

Division 1 - Restrictions on engaging in bookmaking

131. What is bookmaking?
132. Bookmakers must be registered
133. Bookmakers' agents must be registered

Division 2 - Registration

134. Applications for registration
135. Security for bookmaker registration
136. Features of registration
137. What does registration authorise?
138. Substitute certificates of registration
139. Replacement certificates of registration
140. Cancellation, &c., of registration for certain convictions
141. Suspension or cancellation, &c., of registration for misconduct
142. Effect of suspension of registration
143. Return of cancelled certificates

Division 3 - Business and bettingSubdivision 1 - General controls and conduct

144. Bookmakers and their agents may only field on racecourses, &c.
145. Bookmakers and their agents must not engage in improper procurement
146. Bookmakers' agents may only field if their principals field on the same day
147. Restrictions on power of clubs to control or charge bookmakers
148. Control of telephone betting and off-course betting
149. Applications for endorsements
150. Particular specifications on off-course telephone betting endorsements
151. Security for endorsements
152. Conditions of on-course telephone betting endorsements
153. Conditions of off-course telephone betting endorsement
154. Conditions of off-course function betting endorsement
155. Off-course function approvals
156. Cancellation of off-course function approval
157. Features of endorsements
158. What does an endorsement authorise?
159. Bookmakers and agents must issue tickets and record bets
160. Bookmakers must keep betting records
161. Bookmakers must keep books of account
162. Bookmakers must give certain returns to Tasracing
163. Unclaimed winnings and their disposal
164. Payment of commission to Tasracing
165. Payment of commission to clubs
166. Set-off for GST

PART 10 - Offences

167. Authorised betting and unauthorised betting, &c.
168. Offences by bettors
169. Betting with and by minors
170. Betting with unregistered bookmakers
171. Clubs must not allow unregistered persons to field
172. Betting in public places
173. Unlawful betting-places
174. False or misleading statements
175. Bribery of stewards and other racing officials, &c.

PART 11 - Enforcement

176. Authorised persons and police officers have right to enter racecourses
177. Power of police and stewards to require personal information
178. Power of police to arrest, &c., in public places
179. Forfeiture and disposal of things, &c., used for unauthorised betting
180. Vicarious liability of bookmakers
181. Evidentiary provisions
182. Unauthorised betting agreements, &c., are void
183. Proceedings
184. Infringement notices

PART 12 - Miscellaneous

185. Immunity from personal liability
186. Application of Corporations Act
187. Information and documents
188. Certain notices to be confidential documents
189. Service of notices
190. Information sharing
191. Exemption from Right to Information Act 2009
192. Regulations
193. Further amendment of regulations not prevented
194. Savings and transitional provisions
195. Administration of Act
196. Legislation repealed
197. Legislation rescinded
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SCHEDULE 5
SCHEDULE 6
SCHEDULE 7

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