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Racing and Gaming Acts (Amendment) Bill
As Sent Print
Victorian Legislation Parliamentary Documents
EXPLANATORY MEMORANDUM
PART 1--PRELIMINARY
Clause 1 sets out the main purposes of the Bill.
Clause 2 provides for the commencement of this Bill.
PART 2--AMENDMENT OF RACING ACT 1958
Clause 3 states that the Racing Act 1958 is the Principal Act for the
purposes of Part 2 of the Bill.
Clause 4 inserts a new definition into section 38 of the Principal Act and
new section 38(2).
The new definition being inserted is "harness racing industry
participant". The new definition relates to the new consultation
provisions that are being inserted into the Principal Act by the
Bill in relation to the harness racing industry. It expressly lists
the categories of participants in the harness racing industry.
The common interest shared by each category is their
membership of an association or body which represents and
promotes the interests of its members. The definition does not
extend to individuals involved in harness racing. It is limited to
bodies that represent classes of stakeholders in the industry.
Sub-clause (2) inserts a new sub-section (2) at the end of
section 38 of the Principal Act. Under the new sub-section, the
Minister may, in writing, declare an association or body the
members of which are persons or bodies involved in harness
racing, other than an association or body within the meaning of
"harness racing industry participant", to be a harness racing
industry participant.
Clause 5 inserts new paragraph (ba) into section 44 of the Principal Act to
confer a new function on the Board of Harness Racing Victoria to
consult with harness racing industry participants and facilitate
consultation amongst those participants.
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551171 BILL LA AS SENT 2/6/2004
Clause 6 inserts new sections 44B and 44C into the Principal Act.
New section 44B requires the Board of Harness Racing Victoria
to establish proper procedures to consult and facilitate
consultation with harness racing industry participants. This is a
Victorian Legislation Parliamentary Documents
new requirement for the Board.
New section 44C requires the Board to include in its annual
report of operations--
· details of all of its consultations with harness racing
industry participants; and
· details of all cases where it has facilitated consultation
among harness racing industry participants; and
· details of every decision made as a result of the
consultations it has conducted; and
· the procedures it has established in accordance with new
section 44B.
Clause 7 inserts new sub-paragraphs (b)(iia) and (b)(iib) into section 46(3)
of the Principal Act and removes an out of date reference in that
section to sub-section (3A) which has been repealed.
New sub-paragraphs (b)(iia) and (b)(iib) provide that the Board
of Harness Racing Victoria may apply its funds to consult with
harness racing industry participants and ensure that those
participants can participate in such consultations. This gives the
Board a discretion to apply its funds to promote wide
consultation with its participants. This may include the Board
allocating funds directly to particular participants to ensure they
can participate in the consultative process effectively.
Clause 8 inserts a new definition into section 51 of the Principal Act and
new section 51(2).
The new definition being inserted is "greyhound racing industry
participant". The new definition relates to the new consultation
provisions that are being inserted into the Principal Act by the
Bill in relation to the greyhound racing industry. It expressly
lists the categories of participants in the greyhound racing
industry. The common interest shared by each category is their
membership of an association or body which represents and
promotes the interests of its members. The definition does not
extend to individuals involved in greyhound racing. It is limited
to bodies that represent classes of stakeholders in the industry.
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Sub-clause (2) inserts a new sub-section (2) at the end of
section 51 of the Principal Act. Under the new sub-section, the
Minister may, in writing, declare an association or body the
members of which are persons or bodies involved in greyhound
racing, other than an association or body within the meaning of
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"greyhound racing industry participant", to be a greyhound racing
industry participant.
Clause 9 inserts new paragraph (ae) into section 75 of the Principal Act to
confer a new function on the Board of Greyhound Racing
Victoria to consult with greyhound racing industry participants
and facilitate consultation amongst those participants.
Clause 10 inserts new sections 75B and 75C into the Principal Act.
New section 75B requires the Board of Greyhound Racing
Victoria to establish proper procedures to consult and facilitate
consultation with greyhound racing industry participants. This is
a new requirement for the Board.
New section 75C requires the Board to include in its annual
report of operations--
· details of all of its consultations with greyhound racing
industry participants; and
· details of all cases where it has facilitated consultation
among greyhound racing industry participants; and
· details of every decision made as a result of the
consultations it has conducted; and
· the procedures it has established in accordance with new
section 75B.
Clause 11 repeals section 83K(4C) of the Principal Act. The provision is
being repealed because a new body established under the Racing
Victoria Limited Rules of Racing, the Racing Appeals and
Disciplinary Board, will have original jurisdiction in relation to
matters involving prohibited substances. Under the Rules of
Racing, Racing Victoria will no longer have original jurisdiction
to impose a penalty in relation to matters involving prohibited
substances.
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Clause 12 amends section 83KA of the Principal Act to provide a new right
of appeal for Stewards in horse racing matters.
Sub-clause (1) substitutes section 83KA(1) of the Principal Act to
effectively provide Stewards with a right of appeal to the Racing
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Appeals Tribunal, subject to Part IIIB of the Act, against any
decision of a horse racing appeals and disciplinary body (that is,
the Racing Appeals and Disciplinary Board).
Sub-clause (2) makes a necessary consequential amendment to
section 83KA(2) of the Principal Act to clarify that the
procedures that apply to an appeal to the Racing Appeals
Tribunal from a decision of a controlling body apply equally to
an appeal from a decision of the horse racing appeals and
disciplinary body.
Sub-clause (3) substitutes section 83KA(4) of the Principal Act to
clarify that a determination of the Tribunal and any decision
arising from it is binding upon the Steward, the person to whom
it applies, the relevant controlling body and the horse racing
appeals and disciplinary body, depending on which body made
the decision that is the subject of the appeal.
Sub-clause (4) inserts new section 83KA(5) into the Principal Act
which defines the term "horse racing appeals and disciplinary
body" for the purposes of section 83KA.
Clause 13 substitutes section 83M(8)(b) of the Principal Act to enable the
Racing Appeals Tribunal to give leave to allow evidence to be
given to the Tribunal otherwise than on oath, or by affirmation or
by declaration.
PART 3--AMENDMENT OF LOTTERIES GAMING AND
BETTING ACT 1966
Clause 14 amends section 40(1) of the Lotteries Gaming and Betting Act
1966 to permit registered bookmakers to publish betting odds for
Group 1, 2 and 3 races conducted in Australia in the three racing
industries. The effect of this amendment is to remove the current
requirement that these particular races be approved by the
Minister by notice published in the Government Gazette.
The clause also inserts a new sub-section (1A) into section 40
which defines the term "relevant national racing body" for the
purposes of the amendments to section 40(1).
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These amendments are also being made to section 2.5.16 of the
Gambling Regulation Act 2003, which will replace section 40
of the Lotteries Gaming and Betting Act 1966 on the repeal
of that Act by the Gambling Regulation Act 2003 (see also
clause 20).
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PART 4--AMENDMENT OF GAMBLING REGULATION
ACT 2003
Clause 15 contains a statute law revision to the Gambling Regulation Act
2003 to replace an incorrect reference to "Part" in the
commencement provision.
Clause 16 amends section 1.2 (commencement provision) of the Gambling
Regulation Act 2003 to provide for a specified commencement
date for section 3.6.12 of that Act.
Clause 17 is a statute law revision to section 1.3(1) of the Gambling
Regulation Act 2003 to move the definition of "approved
bookmaker" to its correct place, in alphabetical terms, within the
sub-section.
Clause 18 is a statute law revision. It amends section 2.4.2 of the
Gambling Regulation Act 2003 to correct an incorrect reference
to "authorised bookmaker" and make other minor amendments.
Clause 19 is a statute law revision. It amends section 2.5.1(1)(c) of the
Gambling Regulation Act 2003 to correct an incorrect reference
to "authorised bookmaker".
Clause 20 amends section 2.5.16 of the Gambling Regulation Act 2003.
Sub-clauses (1)(a) and (3) make statute law revision
amendments. They amend section 2.5.16(1)(b), (2) and (3) to
correct incorrect references to "authorised bookmaker".
Sub-clause (1)(b) amends 2.5.16(1)(b) to reflect the amendment
being made to section 40(1) of the Lotteries Gaming and
Betting Act 1966 by clause 14 of this Bill.
Sub-clause (2) inserts a new sub-section (1A) into section 2.5.16
which defines the term "relevant national racing body" for the
purposes of the amendments made by sub-clause(1)(b) to that
section.
Clause 21 is a statute law revision. It amends section 2.5.18(2) of the
Gambling Regulation Act 2003 to correct an incorrect reference
to "authorised bookmaker".
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Clause 22 is a statute law revision. It amends section 2.5.23(c)(iii) of the
Gambling Regulation Act 2003 to clarify the meaning of the
sub-paragraph.
Clause 23 is a statute law revision. It amends section 3.4.41(3) of the
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Gambling Regulation Act 2003 to replace an incorrect reference
to "he or she".
Clause 24 is a statute law revision. It amends section 3.4.47(1) of the
Gambling Regulation Act 2003 to replace an incorrect reference
to "Director".
Clause 25 is a statute law revision. It amends section 3.4.51 of the
Gambling Regulation Act 2003 to clarify the operation of the
section.
Clause 26 amends section 3.6.12 of the Gambling Regulation Act 2003.
Sub-clause (1) makes an amendment to section 3.6.12(1) that is
consequential to the insertion of new sub-section (1A) by sub-
clause (2).
Sub-clause (2) inserts a new section 3.6.12(1A) into the
Gambling Regulation Act 2003 to provide that, for each of the
5 financial years beginning with the 2004 financial year, the
amount of monies paid to the Community Support Fund under
the Act will be the amount paid into the Consolidated Fund in
accordance with section 3.6.6(2)(c) less $45 000 000 per year.
Clause 27 amends section 5.5.8(1) of the Gambling Regulation Act 2003
to remove the express time limit applying under the section in
relation to claims for prizes. Under the amendment a person will
be able to make a claim against the public lottery licensee up to
the date the public lottery licensee pays the unclaimed prize to
the Treasurer in accordance with section 5.5.9(1).
Clause 28 substitutes the heading to section 5.5.9 of the Gambling
Regulation Act 2003. This amendment is a consequence of the
amendment to section 5.5.9 being made by clause 29.
Clause 29 substitutes section 5.5.9(1) of the Gambling Regulation Act
2003.
New section 5.5.9(1) reduces the time within which the public
lottery licensee must pay to the Treasurer the total amount of
unclaimed lottery prizes from 12 months to 6 months.
This reduced time period within which unclaimed prizes must be
paid will apply to payment months from June 2005 onwards.
The total amount payable under this provision is the amount
equal to the sum of all unclaimed prizes won in that period, less
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the expenses of the public lottery licensee reasonably incurred in
searching for the persons entitled to the prizes.
Clause 30 is a statute law revision. The clause amends section 6.5.1(1)(a)
and (3) of the Gambling Regulation Act 2003 to replace
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incorrect generic references to "trustees" with "Trustees", which
is a defined term.
Clause 31 is a statute law revision. It amends section 7.1.3(2)(b) of the
Gambling Regulation Act 2003 to correct an incorrect reference
to "authorised bookmaker".
Clause 32 is a statute law revision. It amends section 7.3.7 of the
Gambling Regulation Act 2003 to omit "be".
Clause 33 is a statute law revision. It amends section 7.3.12(2) of the
Gambling Regulation Act 2003 to clarify the operation of the
section.
Clause 34 is a statute law revision. It amends section 8.5.28(1) of the
Gambling Regulation Act 2003 to replace an incorrect reference
to "Director".
Clause 35 is a statute law revision. It amends section 10.1.4(2)(f) of the
Gambling Regulation Act 2003 to clarify the meaning of the
paragraph.
Clause 36 substitutes section 10.3.3 of the Gambling Regulation Act 2003
to provide that the equal first charges against the Community
Support Fund are payments for the Gambling Research Panel and
payments for problem gambling services.
Clause 37 is a statute law revision. It amends section 10.4.9(2)(b) and (c) of
the Gambling Regulation Act 2003 to replace incorrect
references to "authority".
Clause 38 is a statute law revision. It amends section 10.5.28(4) of the
Gambling Regulation Act 2003 to repeal an unintended penalty.
Clause 39 makes a number of amendments to Schedule 1 to the Gambling
Regulation Act 2003.
Sub-clause (1) makes a statute law revision amendment.
It repeals an unnecessary regulation making power from
Schedule 1 to the Gambling Regulation Act 2003.
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Sub-clauses (2) and (3) insert a new Part 3A and new item 5.2
into Schedule 1 to the Gambling Regulation Act 2003 to enable
regulations to be made under section 11.2.1 of that Act for or
with respect to the following matters--
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· any matters in relation to which betting rules may be
made;
· requirements relating to betting rules;
· major and minor changes for the purposes of section
4.3.30;
· functions and powers of a licensee appointed under
section 4.3.33; and
· forms.
Clause 40 inserts a new transitional provision into clause 5.9 of Schedule 7
to the Gambling Regulation Act 2003. New clause 5.9(3)
provides that every unclaimed prize from a public lottery
conducted in June 2004 under the Public Lotteries Act 2000 that
remains unclaimed as at the end of May 2005 will be paid to the
Treasurer in accordance with section 5.5.9(1) of the Gambling
Regulation Act 2003 rather than in accordance with the Public
Lotteries Act 2000.
PART 5--AMENDMENT OF CONFISCATION ACT 1997
Clause 41 amends Schedule 2 to the Confiscation Act 1997 to repeal
item 2C of that Schedule which provides for offences against
section 120(2) and (3) of the Gaming and Betting Act 1994 are
automatic forfeiture offences. This amendment will come into
operation on the day on which the Gaming and Betting Act
1994 is repealed by the Gambling Regulation Act 2003.
PART 6--AMENDMENT OF ANZAC DAY ACT 1958
Clause 42 makes a minor amendment to the note in the Schedule to the
ANZAC Day Act 1958 to insert a reference to the Gambling
Regulation Act 2003 and to omit a reference to the Lotteries
Gaming and Betting Act 1966. This amendment will come into
operation on the day on which the Lotteries Gaming and
Betting Act 1966 is repealed by the Gambling Regulation Act
2003.
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