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Racing Amendment (Modernisation) Bill 2017

   Racing Amendment (Modernisation)
              Bill 2017

                        Introduction Print


              EXPLANATORY MEMORANDUM


                               Clause Notes

                          Part 1--Preliminary
Clause 1   sets out the purpose of the Bill.
           The purpose of the Bill is to amend the Racing Act 1958 to make
           further provision for Racing Victoria.

Clause 2   provides for the commencement of the Racing Amendment
           Act 2017 on the day after the day on which the Racing
           Amendment (Modernisation) Act 2017 receives Royal Assent.

            Part 2--Amendment of the Racing Act 1958
Clause 3   specifies that the Racing Act 1958 is the Principal Act for
           the purposes of Part 2 of the Bill.

Clause 4   amends the definition of Racing Victoria contained in
           section 3(1) of the Principal Act.
           The Bill amends the definition of Racing Victoria to mean
           the company certified by the Minister under section 3A(1) as
           Racing Victoria, by a certification published in the Government
           Gazette on 19 December 2001.

Clause 5   Section 3A(1) of the Principal Act provides the Minister with the
           power to certify a company as Racing Victoria. Section 3A(2)(b)
           requires the Minister to be satisfied that the constitution of the
           company includes provisions as set out in Schedule 1 or that are
           to the effect of Schedule 1. Because Schedule 1 is being



581265                                1        BILL LA INTRODUCTION 6/6/2017

 


 

repealed, the clause amends section 3A(2)(b) to change the section so that it refers to Schedule 1 as in force before its repeal. Clause 6 inserts new sections 3C, 3D and 3E into the Racing Act 1958. New section 3C enables the Minister to perform any functions, exercise any powers and carry out duties conferred on the Minister through the constitution of Racing Victoria. New section 3C specifies that the Minister may perform, exercise or carry out the functions, powers and duties for or with respect to the selection, appointment, resignation and removal of Directors of Racing Victoria. New section 3D specifies that Racing Victoria does not represent the Crown. New subsection 3E(1) clarifies that the fact that the Minister has functions, powers and duties under the Constitution of Racing Victoria with regard to the selection, appointment, resignation and removal of Directors of Racing Victoria will not make Racing Victoria a public entity within the meaning of the Public Administration Act 2004. New subsection 3E(2) clarifies that the fact that the Minister has functions, powers and duties under the Constitution of Racing Victoria with regard to the selection, appointment, resignation and removal of Directors of Racing Victoria will not make Racing Victoria a public body within the meaning of the Financial Management Act 1994. Clause 7 inserts a new section 100A that clarifies that the repeal of Schedule 1 of the Principal Act does not affect the certification of Racing Victoria made by the Minister under section 3A published in the Government Gazette on 19 December 2001 and that Racing Victoria will continue to be certified under that section. Clause 8 repeals Schedule 1 of the Principal Act. 2

 


 

Part 3--Repeal of amending Act Clause 9 provides for the automatic repeal of this amending Act on 1 September 2018. The repeal of this Act does not affect in any way the continuing operation of the amendments made by this Act (see section 15(1) of the Interpretation of Legislation Act 1984). 3

 


 

 


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