Tasmanian Numbered Acts

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RACING REGULATION AND INTEGRITY ACT 2024 (NO. 16 OF 2024) - SECT 124

Warning-off notices and exclusion notices
(1)  In this section –
specified , for a notice, means specified in the notice.
(2)  Tasracing, on the recommendation of the Chief Racing Integrity Officer, may, if satisfied that there are grounds to do so, issue a person with a notice directing the person not to enter one or more of the following places on a specified day or during a specified period:
(a) a specified racecourse;
(b) a specified training venue;
(c) racecourses generally;
(d) training venues generally.
(3)  A notice issued under subsection (2) is called a warning-off notice .
(4)  Tasracing may, if satisfied that there are grounds to do so, issue a person with a notice directing the person –
(a) not to enter, on a specified day or during a specified period, a specified racecourse or specified training venue that is under the control of Tasracing; or
(b) to leave a racecourse that is under the control of Tasracing where a race meeting or betting-only meeting is being, or is about to be, held.
(5)  A registered club may, if satisfied that there are grounds to do so, issue a person with a notice directing the person –
(a) not to enter, on a specified day or during a specified period, a specified racecourse or specified training venue that is under the control of the club; or
(b) to leave a racecourse that is under the control of the club where a race meeting or betting-only meeting is being, or is about to be, held.
(6)  A notice issued under subsection (4) or (5) is called an exclusion notice .
(7)  For the purposes of any Rules of Racing –
(a) a reference to “warned off” or “warning off”, or to a similar term, does not include the issuing of an exclusion notice under subsection (4) or (5) ; and
(b) a reference to a person being “warned off” or being subject to a “warning off”, or to a similar expression, does not include a person who has been issued with an exclusion notice under subsection (4) or (5) .
(8)  Without limiting their discretion under subsection (2) , (4) or (5) , Tasracing has grounds for issuing a person with a warning-off notice or an exclusion notice, and a registered club has grounds for issuing a person with an exclusion notice, if Tasracing or the club knows or reasonably suspects that the person –
(a) is engaging in bookmaking without being registered as a bookmaker or bookmaker's agent; or
(b) habitually engages in unauthorised betting.
(9)  A notice issued under this section must be served personally.
(10)  Within 5 days after issuing a person with an exclusion notice under subsection (5) , a registered club is to forward a copy of the notice to Tasracing.
(11)  As soon as practicable after issuing a notice under subsection (2) or (4) , Tasracing is to forward a copy of it to –
(a) in the case of a notice that relates to a specified racecourse, each club holding race meetings at the racecourse on or during the specified day or period; or
(b) in the case of a notice that relates to a specified training venue, each club that uses that training venue; or
(c) in the case of a notice that applies to racecourses, or training venues, generally, every club.
(12)  A person who is issued with a notice under this section must comply with the notice and, if the notice directs the person to leave a racecourse or a training venue, the compliance must be immediate.
Penalty:  In the case of –
(a) a first offence, a fine not exceeding 20 penalty units; and
(b) a subsequent offence, a fine not exceeding 30 penalty units or imprisonment for a term not exceeding one month.
(13)  A person who is issued with a notice under this section directing the person to leave a racecourse or a training venue must not, after leaving or being removed from the racecourse or training venue pursuant to the notice, enter or attempt to re-enter the racecourse or training venue on the same day.
Penalty:  In the case of –
(a) a first offence, a fine not exceeding 20 penalty units; and
(b) a subsequent offence, a fine not exceeding 30 penalty units or imprisonment for a term not exceeding one month.
(14)  If a person contravenes subsection (12) or (13)  –
(a) a police officer or an employee or agent of the club that issued the notice, using such reasonable force as may be necessary, may, depending on the offence, evict the person from the racecourse or training venue or prevent the person from re-entering the racecourse or training venue; and
(b) a police officer may arrest the person without warrant.
(15)  The issuer of a notice under this section may, by a further notice, rescind the notice at any time if satisfied that there is no reason for it to remain in force.
(16)  In their application to Tasracing or a registered club, the provisions of this section –
(a) extend to every racecourse and training venue of which Tasracing or the club has control at the relevant time, whether or not the racecourse or training venue is owned by Tasracing or the club or is at any other time subject to a right of public use or entry; and
(b) are in addition to and not in derogation of any other powers that Tasracing or the club may have.
(17)  Nothing in this section limits the right of Tasracing or a registered club to do, by means other than a notice under this section, either of the following:
(a) refuse its permission for a person to enter a racecourse or training venue under its control;
(b) withdraw its permission for a person to remain on a racecourse or training venue under its control.


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