Queensland Numbered Acts

RACING INTEGRITY ACT 2016 - As at 27 April 2016 - Act 12 of 2016

TABLE OF PROVISIONS

CHAPTER 1 - PRELIMINARY

   1.      Short title
   2.      Commencement
   3.      Main purposes of Act and their achievement
   4.      Extraterritorial application of Act
   5.      Dictionary
   6.      Act binds State, Commonwealth and other States

CHAPTER 2 - QUEENSLAND RACING INTEGRITY COMMISSION

   PART 1 - ESTABLISHMENT

   7.      Establishment and status
   8.      Commission represents the State
   9.      Application of other Acts

   PART 2 - FUNCTIONS AND POWERS

   10.     Functions
   11.     General restriction on functions
   12.     Powers
   13.     Ministerial directions

   PART 3 - RACING INTEGRITY COMMISSIONER AND DEPUTY RACING INTEGRITY COMMISSIONERS

   14.     Racing Integrity Commissioner
   15.     Deputy Racing Integrity Commissioners
   16.     Persons eligible to be commissioner or deputy commissioner
   17.     Functions of commissioner
   18.     Functions of deputy commissioner
   19.     Powers of commissioner and deputy commissioner
   20.     Vacancy in office
   21.     Resignation
   22.     Removal or suspension
   23.     Acting commissioner
   24.     Acting deputy commissioner
   25.     Preservation of rights of commissioner and deputy commissioner
   26.     Delegations

   PART 4 - COMMISSION’S ROLE IN ASSESSING APPROVAL APPLICATIONS

   27.     Assessment of approval applications
   28.     Assessment if 2 or more approval applications
   29.     Assessing applicants for approval applications
   30.     Commission may require further information or documents

   PART 5 - AUDITS AND INVESTIGATIONS

           Division 1 - Commission’s powers for investigations

   31.     Investigations into suitability of a control body
   32.     Investigation into suitability of associate of control body
   33.     Requirement to give information or document for investigation
   34.     Failure to give information or document for investigation
   35.     Criminal history report for investigation

           Division 2 - Commissioner’s powers for audits and investigations

   36.     Powers for audits and investigations
   37.     Power to require attendance and giving of evidence
   38.     Power to require information, document or thing
   39.     Offences by witnesses
   40.     Power to refuse to investigate complaint

   PART 6 - REPORTING AND ACCOUNTABILITY

           Division 1 - Reporting generally

   41.     Quarterly reports
   42.     Commission to keep Minister informed
   43.     Reporting to department
   44.     Other reporting requirements

           Division 2 - Annual reports

   45.     Annual report

           Division 3 - Strategic and operational plans

   46.     Interaction with the Financial Accountability Act 2009
   47.     Draft strategic and operational plans
   48.     Procedures
   49.     Strategic or operational plan pending agreement
   50.     Strategic or operational plan on agreement
   51.     Compliance with strategic and operational plans
   52.     Modifications of strategic or operational plan
   53.     Content of strategic and operational plans

   PART 7 - ADMINISTRATION

   54.     Funding
   55.     Recovery of unpaid amounts
   56.     Commission may charge fees for its services

CHAPTER 3 - COMMISSION’S FUNCTIONS IN RELATION TO CODES OF RACING

   PART 1 - PRELIMINARY

   57.     Purpose of chapter

   PART 2 - STANDARDS

           Division 1 - General provisions about standards

   58.     Standards for codes of racing
   59.     Form of standards
   60.     Availability of standards
   61.     Application of standards
   62.     Standards are statutory instruments

           Division 2 - Standards for licensing schemes

   63.     Purposes of licensing schemes
   64.     Standards for licensing schemes for codes of racing
   65.     Standards for a licensing scheme—mandatory matters
   66.     Standards for a licensing scheme—discretionary matters
   67.     Application for licence
   68.     Licences may not be transferred

           Division 3 - Other matters about policies

   69.     Same animal or participant may be licensed for multiple codes of racing

CHAPTER 4 - RACING BOOKMAKERS

   PART 1 - REQUIREMENTS FOR RACING BOOKMAKERS’ LICENCES AND FOR RELATED MATTERS

   70.     Requirement to hold racing bookmaker’s licence or approval
   71.     Requirement for racing bookmaker to hire licensed clerk
   72.     Requirement to hold licence as racing bookmaker’s clerk
   73.     Requirement to produce licence or approval
   74.     Requirement for commission to ensure particular persons have current licences
   75.     Unlawful bookmaking by racing bookmaker
   76.     Requirements for betting by racing bookmakers
   77.     Special requirements for betting by racing bookmaker who holds offcourse approval

   PART 2 - LICENSING OF PERSONS AS RACING BOOKMAKERS

           Division 1 - Applications for racing bookmaker’s licences

   78.     Applications
   79.     Requirements about applications
   80.     Further information or documents to support application

           Division 2 - Suitability of applicants and associates

   81.     Suitability of applicants for racing bookmaker’s licence
   82.     Suitability of business and executive associates
   83.     Other matters about suitability

           Division 3 - Dealing with applications

   84.     Taking fingerprints
   85.     Consideration of application
   86.     Conditions for granting application
   87.     Investigation of suitability of persons
   88.     Information about whether persons are identified participants in criminal organisations
   89.     Criminal history reports for investigations
   90.     Requirement of associate to give information or document for investigation
   91.     Decision on application
   92.     Form of racing bookmaker’s licence
   93.     What corporate licence must include
   94.     Period for which racing bookmaker’s licence has effect

           Division 4 - Investigations of racing bookmakers and associates

   95.     Audit program
   96.     Investigations into suitability of licence holder
   97.     Investigation into suitability of associate of licence holder
   98.     Criminal history report for investigation
   99.     Requirement to give information or document for investigation
   100.    Failure to give information or document for investigation

           Division 5 - Cancellation of racing bookmaker’s licences

   101.    Grounds for cancellation
   102.    Immediate cancellation of racing bookmaker’s licence
   103.    Show cause notice
   104.    Consideration of submission
   105.    Ending show cause process without further action
   106.    Cancellation
   107.    Return of cancelled racing bookmaker’s licence
   108.    Censuring licence holder

           Division 6 - Other matters relating to licensing

   109.    Corporate licence holder must advise commission of change in executive officers or persons with substantial holdings
   110.    Commission may amend racing bookmaker’s licence to show change in executive officers
   111.    Surrender of racing bookmaker’s licence
   112.    Destruction of fingerprints

           Division 7 - Matters relating to review of decisions

   113.    Application of division
   114.    Confidentiality of criminal intelligence in proceedings
   115.    Application of Judicial Review Act 1991

   PART 3 - OFFCOURSE APPROVALS FOR RACING BOOKMAKERS

           Division 1 - Applications for, and granting of, offcourse approvals

   116.    Application for offcourse approval
   117.    Further information or documents to support application
   118.    Requirement of commission to give information or documents relating to application
   119.    Consideration of application
   120.    Decision on application
   121.    What are the conditions of an offcourse approval
   122.    What is the accepted undertaking for an offcourse approval
   123.    Notice of decision on application

           Division 2 - Cancellation of offcourse approval

   124.    Grounds for cancellation
   125.    Show cause notice
   126.    Involvement of commission in show cause process
   127.    Consideration of submissions
   128.    Ending show cause process without further action
   129.    Cancellation
   130.    Return of cancelled offcourse approval
   131.    Automatic cancellation or suspension of offcourse approval
   132.    Censuring racing bookmaker
   133.    Notice to commission of decisions

           Division 3 - Immediate suspension of offcourse approval

   134.    Immediate suspension of offcourse approval

   PART 4 - OTHER PROVISIONS ABOUT RACING BOOKMAKERS

   135.    When a racing bookmaker may make a bet with a person who is not present at a licensed venue
   136.    Racing bookmakers to maintain insurance policy or bond to indemnify bettors against default
   137.    Commission to ensure racing bookmaker has accepted insurance policy or bond
   138.    Prohibition of betting by racing bookmaker with minor
   139.    Lawful bet by racing bookmaker is taken to be a valid contract
   140.    Payment and settlement of bets

   PART 5 - MISCELLANEOUS

   141.    Bookmaking on particular declared sporting contingencies
   142.    Racing bookmaker’s agent during particular periods

CHAPTER 5 - INVESTIGATION AND ENFORCEMENT

   PART 1 - GENERAL PROVISIONS ABOUT AUTHORISED OFFICERS

           Division 1 - Appointment

   143.    Authorised officers under this chapter
   144.    Functions of authorised officers
   145.    Appointment and qualifications
   146.    Appointment conditions and limit on powers
   147.    When office ends
   148.    Resignation

           Division 2 - Identity cards

   149.    Issue of identity card
   150.    Production or display of identity card
   151.    Return of identity card

           Division 3 - Miscellaneous provisions

   152.    Reference to exercise of powers
   153.    Reference to document includes reference to reproductions from electronic document

   PART 2 - ENTRY OF PLACES BY AUTHORISED OFFICERS

           Division 1 - Power to enter

   154.    General power to enter places
   155.    Power to enter place to check action required under animal welfare direction
   156.    Power to enter place to ascertain if animal severely injured
   157.    Power to enter place in relation to animal welfare offence
   158.    Limited entry power to provide relief to animal

           Division 2 - Entry by consent

   159.    Application of division
   160.    Incidental entry to ask for access
   161.    Matters authorised officer must tell occupier
   162.    Consent acknowledgement

           Division 3 - Entry for particular purposes

   163.    Entry of place under ss 155, 156 and 157

           Division 4 - Entry under warrant

              Subdivision 1 - Obtaining warrant

   164.    Application for warrant
   165.    Issue of warrant
   166.    Electronic application
   167.    Additional procedure if electronic application
   168.    Defect in relation to a warrant

              Subdivision 2 - Entry procedure

   169.    Entry procedure

   PART 3 - OTHER AUTHORISED OFFICERS’ POWERS AND RELATED MATTERS

           Division 1 - Stopping or moving vehicles

   170.    Application of division
   171.    Power to stop or move
   172.    Identification requirements if vehicle moving�
   173.    Failure to comply with direction

           Division 2 - General powers of authorised officers after entering places

   174.    Application of division
   175.    General powers
   176.    Power to require reasonable help
   177.    Offence to contravene help requirement

           Division 3 - Seizure by authorised officers and forfeiture

              Subdivision 1 - Power to seize

   178.    Seizing evidence at a place that may be entered without consent or warrant
   179.    Seizing evidence at a place that may be entered only with consent or warrant
   180.    Seizure of property subject to security

              Subdivision 2 - Powers to support seizure

   181.    Power to secure seized thing
   182.    Offence to contravene seizure requirement
   183.    Offence to interfere

              Subdivision 3 - Safeguards for seized things

   184.    Receipt and information notice for seized thing
   185.    Access to seized thing
   186.    Return of seized thing

              Subdivision 4 - Forfeiture

   187.    Forfeiture by commissioner decision
   188.    Information notice about forfeiture decision

              Subdivision 5 - Dealing with property forfeited or transferred to the State

   189.    When thing becomes property of the State
   190.    How property may be dealt with

           Division 4 - Disposal orders

   191.    Disposal order

           Division 5 - Animal welfare directions

   192.    Application of division
   193.    Power to give animal welfare direction
   194.    Requirements for giving animal welfare direction
   195.    Failure to comply with animal welfare direction

           Division 6 - Authorised officer’s power to destroy animals

   196.    Power of destruction

           Division 7 - Other information-obtaining powers of authorised officers

   197.    Power to require name and address
   198.    Offence to contravene personal details requirement
   199.    Power to require production of document
   200.    Offence to contravene document production requirement
   201.    Offence to contravene document certification requirement
   202.    Power to require information
   203.    Offence to contravene information requirement

   PART 4 - MISCELLANEOUS PROVISIONS RELATING TO AUTHORISED OFFICERS

           Division 1 - Damage

   204.    Duty to avoid inconvenience and minimise damage
   205.    Notice of damage

           Division 2 - Compensation

   206.    Compensation

           Division 3 - Other offences relating to authorised officers

   207.    Giving authorised officer false or misleading information
   208.    Obstructing authorised officer
   209.    Impersonating authorised officer

           Division 4 - Other provisions

   210.    Evidential immunity for individuals complying with particular requirements

CHAPTER 6 - GENERAL

   PART 1 - OFFENCES

           Division 1 - Offences relating to administration of Act

   211.    Definitions for division
   212.    Offence to disclose confidential information or copy background document
   213.    Forgery and uttering Act documents
   214.    Making a false statement in application or other document

           Division 2 - Offences relating to racing contingencies

   215.    Person must not conduct a racing contingency

           Division 3 - Offences relating to prohibited things or interfering with licensed animals, persons or things

   216.    Definitions for division
   217.    Person must not possess prohibited thing at particular places
   218.    Person must not use prohibited thing on, or interfere with, a licensed animal
   219.    Person must not interfere with licence holder or official of the commission

           Division 4 - Unlawful bookmaking, places where betting done unlawfully and other provisions

   220.    Application of division
   221.    Unlawful bookmaking other than by racing bookmakers etc.
   222.    Illegal betting place
   223.    Prohibition on opening, keeping, using or promoting an illegal betting place
   224.    Contravention of s 221 or 223
   225.    Using an illegal betting place
   226.    Prohibition of betting at public place

           Division 5 - Other offence

   227.    Attempt to commit offence

   PART 2 - EVIDENTIARY AND LEGAL PROCEEDINGS

           Division 1 - Evidence

   228.    Application of division
   229.    Appointments and authority
   230.    Evidentiary aids
   231.    Other evidentiary provisions

           Division 2 - Offence proceedings

   232.    Types of offences
   233.    Proceedings for indictable offences
   234.    Limitation on who may summarily hear indictable offence
   235.    Proceedings for simple offences
   236.    When convictions for offences not receivable in evidence

           Division 3 - Remedies

   237.    Recovery of seizure, compliance or destruction costs
   238.    Compensation because of animal welfare offence
   239.    General provisions for orders about compensation or costs

           Division 4 - Reviews and appeals for original decisions

              Subdivision 1 - Preliminary

   240.    What is an original decision
   241.    Who is an interested person for an original decision

              Subdivision 2 - Internal reviews

   242.    Review starts with internal review
   243.    Applying for internal review of original decision
   244.    Staying operation of original decision on internal review
   245.    Reviewing original decision

              Subdivision 3 - External review

   246.    Applying for external review

              Subdivision 4 - Appeals

   247.    Appealing internal review decision
   248.    Staying operation of internal review decision
   249.    Powers of court on appeal
   250.    Effect of court’s decision on appeal
   251.    Particular powers about seizure or forfeiture
   252.    Appeal to District Court

CHAPTER 7 - MISCELLANEOUS PROVISIONS

   PART 1 - MISCELLANEOUS PROVISIONS RELATING TO RACING AND BETTING

   253.    Betting under this Act is lawful
   254.    Time race meeting taken to commence
   255.    Void betting contracts etc.
   256.    Betting and other activities to which s 255 does not apply

   PART 2 - OTHER MISCELLANEOUS PROVISIONS

   257.    Approved forms
   258.    Delegations
   259.    Protection from civil liability
   260.    Protection from liability for giving information
   261.    Sharing of information by authorised officer
   262.    Interaction with other laws
   263.    Executive officer may be taken to have committed offence
   264.    Records about drugs and veterinary surgeons
   265.    Fees etc. owing to the State are debts
   266.    Regulation-making power

CHAPTER 8 - TRANSITIONAL PROVISIONS

   PART 1 - PURPOSES AND DEFINITIONS

   267.    Main purposes
   268.    Definitions for chapter

   PART 2 - GENERAL APPROACH FOR EXISTING MATTERS UNDER PREVIOUS PROVISIONS

   269.    Document, action, obligation, right or protection under previous provision
   270.    Terminology in things mentioned in s 269
   271.    Period stated in previous provision
   272.    Period or day stated in document given under previous provision
   273.    Action happening before commencement may be relevant to proceeding for particular acts or omissions

   PART 3 - EXAMPLES OF CONTINUING MATTERS FOR PREVIOUS PROVISIONS

   274.    Examples for previous ss 47–51
   275.    Examples for previous ch 3, pt 2, divs 2 and 3
   276.    Examples for previous ch 3A, pt 3
   277.    Examples for previous ch 6, pts 1 and 3A to 5
   278.    Examples for previous ch 7

   PART 4 - OTHER MATTERS

           Division 1 - Staff of the commission

           279 . What is the employee register
           280 . Who is a transferable employee
   281.    Transfer of transferable employees
   282.    Preservation of rights of transferable employees

           Division 2 - Eligibility certificates

   283.    Existing applications for eligibility certificates
   284.    Existing right to apply for licence as racing bookmaker
   285.    Continuing obligation of certificate holders to give notice of particular changes
   286.    Approved audit program
   287.    Continuation of show cause process
   288.    Reviews
   289.    Continuing obligation of control body to give notice of certain actions about racing bookmakers

           Division 3 - Miscellaneous provisions

   290.    Licences and other documents under policies
   291.    Offences before commencement
   292.    Acts Interpretation Act 1954, s 20 not limited

   PART 5 - REGULATION-MAKING POWER FOR TRANSITIONAL PURPOSES

   293.    Transitional regulation-making power

CHAPTER 9 - AMENDMENT OF ACTS

   PART 1 - AMENDMENT OF THIS ACT

   294.    Act amended
   295.    Amendment of long title

   PART 2 - AMENDMENT OF ANIMAL CARE AND PROTECTION ACT 2001

   296.    Act amended
   297.    Amendment of s 7 (Relationship with certain other Acts)
   298.    Replacement of s 115 (Functions)
   299.    Insertion of new ss 215A–215C
   300.    Amendment of schedule (Dictionary)

   PART 3 - AMENDMENT OF RACING ACT 2002

   301.    Act amended
   302.    Amendment of long title
   303.    Replacement of s 4 (Main purposes of Act and how they generally are achieved)
   304.    Omission of s 6 (Betting under this Act is lawful)
   305.    Omission of ch 2, pt 1
   306.    Replacement of ch 2, pt 1A, hdg, div 1, hdg and s 9AA
   307.    Replacement of ch 2, pt 1A, div 2, hdg and ss 9AD–9AG
   308.    Replacement of ss 9AI and 9AJ
   309.    Amendment of s 9AK (Vacancy in member’s office)
   310.    Amendment of s 9AL (Chairperson and deputy chairperson of all-codes board)
   311.    Amendment of s 9AS (Quorum)
   312.    Amendment of s 9AT (Presiding at meetings)
   313.    Amendment of s 9AU (Conduct of meetings)
   314.    Amendment of s 9AZ (Chief executive officer of all-codes board)
   315.    Amendment of s 9BC (Remuneration and conditions of appointment)
   316.    Amendment of s 9BH (Obtaining criminal history of candidate)
   317.    Amendment of s 9BI (Duty to act honestly and exercise care and diligence)
   318.    Amendment of s 9BJ (Member must disclose interest)
   319.    Amendment of s 9BK (Conflicts of interest)
   320.    Amendment of s 9BM (Ministerial direction to all-codes board about its functions or powers)
   321.    Omission of ch 2, pt 1A, div 10 and pt 1B
   322.    Amendment of s 10 (An eligible corporation may apply for approval as a control body)
   323.    Amendment of s 11 (Approval application to be accompanied by specific matters)
   324.    Amendment of s 12 (Evidence of matters to be included in an approval application)
   325.    Amendment of s 13 (Minister to refer an approval application to the chief executive for assessment and other action)
   326.    Amendment of s 14 (Advertising notice about an approval application)
   327.    Amendment of s 15 (Objection to approval application)
   328.    Amendment of s 17 (Chief executive must call meeting of all approval applicants)
   329.    Amendment of s 24 (Minister to consider and decide approval application)
   330.    Amendment of s 26 (When Minister must give an approval to approval applicant)
   331.    Amendment of s 32B (Notice of event resulting in a control body not being an eligible corporation)
   332.    Amendment of s 32C (Ministerial direction to approved control body about its policies or rules)
   333.    Amendment of s 32F (Grounds for disciplinary action relating to the approval of a control body for its code of racing)
   334.    Amendment of s 32I (Immediate suspension of an approval)
   335.    Amendment of s 34 (Powers of control body for its code of racing)
   336.    Amendment of s 35 (Control body may charge fees for its services)
   337.    Omission of s 37 (Obligation to have internal controls)
   338.    Amendment of s 38 (Obligation to have racing calendar for code of racing)
   339.    Omission of ss 39 and 40
   340.    Replacement of ch 2, pt 3, div 3, hdg (Reporting to chief executive)
   341.    Omission of s 41 (Plan for managing code of racing)
   342.    Amendment of s 44 (Notice of event resulting in executive officer no longer being an eligible individual)
   343.    Insertion of new ch 2, pt 3, divs 4 and 5 and div 6, hdg
   344.    Omission of ch 2, pt 4, hdg, div 1 and div 2, hdg
   345.    Amendment of s 60A (Disclosure of interest in licensed animal by executive officer of control body)
   346.    Replacement of s 78 (Purposes of ch 3)
   347.    Replacement of ch 3, pt 2, div 1, hdg and ss 80–82
           348 . Amendment of s 85 (Application of policy)
   349.    Amendment of s 86 (Purposes of control body’s licensing scheme)
   350.    Amendment of s 87 (Control body’s policy for a licensing scheme)
   351.    Amendment of s 88 (Application for licence)
   352.    Amendment of s 90 (Same animal, participant or venue may be licensed by control bodies)
   353.    Replacement of ss 91 and 94
   354.    Insertion of new s 107A
   355.    Replacement of s 109 (Licensed club to hold race and betting meeting at licensed venue when under control of control body that licensed club and venue)
   356.    Amendment of s 110 (Licensed club to give audited accounts to control body)
   357.    Insertion of new s 110A
   358.    Amendment of s 111 (Definitions for div 4)
   359.    Amendment of s 113AB (Definitions for pt 6)
   360.    Amendment of s 113AF (Decision)
   361.    Amendment of s 113AH (Use of documents or information by control body)
   362.    Amendment of s 113AJ (Cancellation of race information authority)
   363.    Replacement of chs 3A–7
   364.    Amendment of s 310 (Definitions for div 1)
   365.    Amendment of s 312 (Forgery and uttering Act documents)
   366.    Amendment of s 313 (Making a false statement in application or other document)
   367.    Omission of ch 8, pt 1, div 2
           368 . Amendment of ch 8, pt 1, div 3, hdg (Offences relating to prohibited things or interfering with licensed animals, persons or things)
   369.    Omission of ss 316–318
   370.    Amendment of s 319 (Person must not interfere with licence holder or official of a control body)
           371 . Omission of ch 8, pt 1, div 4 (Unlawful bookmaking, places where betting done unlawfully and other provisions)
   372.    Omission of ch 8, pt 1, div 5, hdg (Other offences)
   373.    Amendment of s 327 (Interfering with particular things at licensed venue or places for holding trials)
   374.    Amendment of s 330 (Appointments and authority)
   375.    Amendment of s 331 (Signatures)
   376.    Replacement of ss 332 and 333
   377.    Amendment of s 334 (Types of offences)
   378.    Omission of ch 9, pt 1 and pt 2, hdg
   379.    Omission of ss 344–347
   380.    Omission of ch 9, pt 3, hdg and ss 348 and 349
   381.    Amendment of s 350 (Satisfaction, belief or suspicion must be on grounds that are reasonable in the circumstances)
   382.    Amendment of s 351 (Matters must be considered appropriate on grounds that are reasonable in the circumstances)
   383.    Omission of ss 352 and 352A and ch 9, pt 4, hdg
   384.    Amendment of s 355 (Regulation-making power)
   385.    Insertion of new s 355A
   386.    Omission of ch 10, pt 2, divs 1–6, pts 3 and 4, ss 413–416, 419–422, 424, 426, 428–432, 436–439, 441–443, 446–449, 454–456 and 459
   387.    Insertion of new ch 11
   388.    Replacement of sch 3 (Dictionary)

   PART 4 - AMENDMENT OF ACTS

   389.    Acts amended in sch 2
           SCHEDULE 1
           SCHEDULE 2