Queensland Numbered Acts

RACING INTEGRITY ACT 2016 - SECT 353

353 Replacement of ss 91 and 94

Sections 91 and 94—
omit, insert—

91 Obligation to have rules of racing for code of racing

(1) A control body must have rules of racing for the good management of each of its codes of racing.

(2) Rules of racing must be made in accordance with section 92.

92 Process and other matters relating to making rules of racing

(1) Before a control body may make rules of racing, the control body must prepare a draft of the rules (the
"draft rules" ).

(2) The draft rules must be given to the chief executive and the commission with a request for comments about the draft rules by a day stated in the request (the
"stated day" ).

(3) The stated day must be at least 28 days or more after the day of the request unless—

(a) the control body is satisfied that, because of exceptional circumstances, it is necessary to make the rules of racing before 28 days after the day of the request; and

(b) the request states—

(i) the exceptional circumstances; and

(ii) a stated day for making comments that is earlier than the 28 days and the earlier day is reasonable given the stated exceptional circumstances.

(4) If the chief executive or the commission gives the control body comments about the draft rules, the control body must reach agreement with the chief executive and the commission about the way in which the draft rules are to be changed.

(5) The control body may make the rules of racing—

(a) if there are no comments—after the stated day; or

(b) otherwise—after agreement is reached as mentioned in subsection (4).

93 Requirement relating to rules of racing

(1) In making rules of racing, a control body must have regard to whether the rules have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992 , section 4(3).

(2) Failure to comply with subsection (1) does not affect the validity of the rules.

(3) If there is an inconsistency between any of the following (each an instrument) and a control body’s rules of racing, the instrument prevails to the extent of the inconsistency—

(a) this Act;

(b) the Racing Integrity Act;

(c) a policy of the control body;

(d) if the commission has a standard about a matter to which the rules of racing relate—the standard.

94 Availability of rules of racing

(1) A control body for a code of racing must ensure its rules of racing for the code are publicly available, including on its website.

(2) Without limiting subsection (1), the control body must—

(a) give a copy of the rules to the chief executive and the commission, free of charge, within 14 days after the control body makes the rules; and

(b) make its rules available for inspection, free of charge, at its business address during its ordinary office hours; and

(c) give a copy of its rules to a person if the person asks for a copy.

(3) If a control body charges for copies of its rules, the control body is not required under subsection (2)(c) to give a person a copy without charging the person.