RACING INTEGRITY ACT 2016

Queensland Numbered Acts

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RACING INTEGRITY ACT 2016 - SCHEDULE 1

SCHEDULE 1 – Dictionary

"1st deputy commissioner" see section 15(2)(a).

"2nd deputy commissioner" see section 15(2)(b).

"accepted insurance policy or bond" see section 136(3).

"accepted undertaking" , for an offcourse approval, see section 122.

"Act document" , for chapter 6, part 1, division 1, see section 211.

"affected by bankruptcy action" , in relation to an individual, means the individual is insolvent under administration within the meaning of the Corporations Act, section 9.

"animal welfare direction" see section 193(1).

"animal welfare offence" means—

(a) an offence against section 195, 217 or 218; or

(b) an offence against the Racing Act, section 317 or 318, as in force before the repeal of the section by this Act; or

(c) in relation to a licensed animal or an animal that could be licensed under this Act, an offence against—
(i) the Animal Care and Protection Act 2001 , other than chapter 6, part 2, divisions 2, 3, 4 and 7 and sections 206, 207, 208, 209 and 210; or

(ii) the Criminal Code, section 242 or 468.

"approval application" means an approval application under the Racing Act.

"approved control body" means an approved control body under the Racing Act.

"approved form" means a form approved under section 257.

"approved place" , for an offcourse approval, see section 116(2)(a).

"authorised officer" means a person who holds office under chapter 5, part 1 as an authorised officer.

"background document" , for chapter 6, part 1, division 1, see section 211.

"bet" includes the action, behaviour, conduct or performance of a person who, whether on 1 or more than 1 occasion, does any of the following acts for the person or for another person, or who cooperates with another person for the doing of any of the acts—

(a) makes or receives a bet or wager;

(b) pays, receives, negotiates or settles a bet or wager;

(c) offers, agrees or otherwise negotiates—
(i) to bet or wager; or

(ii) to pay, receive or settle a bet or wager.

"betting meeting" means a meeting held by a licensed club at a licensed venue, but at which no race is held.

"board" means the board under the Racing Act .

"bookmaking" means the business of receiving or negotiating bets and includes the settlement of bets.

"business associate" —

(a) means—
(i) for an approval application—a person whom the chief executive (racing) reasonably believes will, if the applicant for the approval application is approved as a control body, be associated with the ownership or management of the operations of the control body; or

(ii) of an applicant for a racing bookmaker’s licence—a person whom the commission reasonably believes will, if the applicant is licensed as a racing bookmaker, be associated with the ownership or management of the business conducted by the racing bookmaker; or

(iii) of the holder of a racing bookmaker’s licence—a person whom the commission reasonably believes is associated with the ownership or management of the business conducted by the racing bookmaker; and

(b) includes, for any corporation, an executive officer of the corporation.

"certified copy" , in relation to a racing bookmaker’s licence of a corporation, means a copy of the licence certified as a true copy by the commission.

"chief executive (racing)" means the chief executive administering the Racing Act.

"club" means a club under the Racing Act.

"code of racing" means a code of racing under the Racing Act.

"commission" see section 7(1).

"commission decision" see section 113 .

"commissioner" see section 14(1).

"conditions" , of an offcourse approval, see section 121.

"confidential information" , about a person, for chapter 6, part 1, division 1, see section 211.

"control body" means a control body under the Racing Act.

"control body associate" means—

(a) for an approved control body—a business associate or executive associate of the control body; or

(b) for the board under the Racing Act—a person whom the chief executive (racing) believes is associated with the operations of the board.

"conviction" means a finding of guilt, or the acceptance of a plea of guilty, by any court.

"court" means a Magistrates Court.

"criminal history" , of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986 , and—

(a) despite section 6 of that Act, includes a conviction of the person to which the section applies; and

(b) despite section 5 of that Act, includes a charge made against the person for an offence.

"criminal organisation" means—

(a) for the definition identified participant —a criminal organisation under the Criminal Code, section 1; or

(b) otherwise—an organisation identified by the police commissioner as a criminal organisation within the meaning of the Criminal Code, section 1.

"deputy commissioner" see section 15(1).

"disciplinary action" , relating to an approval or licence, means 1 or more of the following—

(a) cancelling the approval or licence;

(b) suspending the approval or licence for a stated period;

(c) varying the approval or licence in either of the following ways, except if the variation is made as the result of an application of the control body for the approval or the licence holder—
(i) changing a condition stated in the approval or licence to which it is subject;

(ii) stating a new condition to which the approval or licence is to be subject;

(d) for a licence—
(i) imposing a monetary penalty; or

(ii) closing, for a stated period, premises or part of premises stated in the licence as premises at which an activity may be conducted under the licence.

"document certification requirement" see section 199(6).

"document production requirement" see section 199(2).

"drug" means—

(a) a substance mentioned in the Standard for the Uniform Scheduling of Medicines and Poisons as in force from time to time, published by the Commonwealth; or

(b) another substance, likely to affect the performance of a licensed animal, prescribed by regulation.

"electronic document" means a document of a type under the Acts Interpretation Act 1954 , schedule 1, definition
"document" , paragraph (c).

"employ" includes—

(a) engage; and

(b) employ or engage whether or not for payment.

"exclusion action" , relating to a person, means—

(a) for an action taken by a control body against the person—naming the person on a list that—
(i) is kept under the control body’s rules of racing and identifies persons whose entitlements under the rules are forfeited; and

(ii) is, from time to time, published in the control body’s racing calendar; or

(b) for an action taken by the commission against the person—warning off the person from entering, or remaining at, a licensed venue, or other place at which trials are or are to be conducted, when the licensed venue or place is being used for a control body’s code of racing.

"executive associate" means—

(a) for an approval application—an executive officer of a corporation, a partner, a trustee, or another person stated by the chief executive (racing), whom the chief executive (racing) reasonably believes will, if the approval applicant is approved as a control body, be associated with the ownership or management of the operations of the control body; or

(b) of an applicant for a racing bookmaker’s licence—an executive officer of a corporation, a partner, a trustee, or another person stated by the commission, whom the commission reasonably believes will, if the applicant is licensed as a racing bookmaker, be associated with the ownership or management of the business conducted by the racing bookmaker; or

(c) of the holder of a racing bookmaker’s licence—an executive officer of a corporation, a partner, a trustee, or another person stated by the commission, whom the commission reasonably believes is associated with the ownership or management of the business conducted by the racing bookmaker.

"executive officer" , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation or the person’s position is given the name of executive officer.

"exercise control" , by the commission at a licensed venue, means the commission performs its functions at the venue when a contest, contingency, event or race meeting is held at the venue.

Notes—

1 The commission exercises control at a licensed venue by having stewards present at a race meeting held at the venue to provide oversight of the meeting in accordance with the functions and powers given to stewards under the rules of racing.

2 If a steward who is present at a licensed venue at the time a race meeting is to be held at the venue advises the person responsible at the venue, the control body that licensed the venue or the licensed club at the venue that the meeting must be stopped or must not start, the commission is no longer exercising control at the venue.

"former owner" see section 188(1).

"general power" see section 175(1).

"help requirement" see section 176(1).

"identified participant" , in a criminal organisation, means a person who is identified by the police commissioner as a participant in the organisation within the meaning of the Criminal Code, section 60A(3).

"identity card" , for a provision about authorised officers, means an identity card issued under section 149(1).

"illegal betting place" see section 222.

"indictable offence" includes an indictable offence dealt with summarily.

"information notice" , about a decision, means a notice stating the following—

(a) the decision;

(b) the day the decision is made;

(c) the day the decision takes effect;

(d) the reasons for the decision;

(e) for a decision that is an original decision—that the person to whom the notice is given may apply to the commission for an internal review of the decision within 14 days after the person receives the notice;

(f) for a decision other than an original decision—how a person to whom the notice is given may apply for a review of the decision and the period within which the application must be made.

"interested person" , for an original decision, see section 241.

"interfere with" , in relation to a licensed animal, licence holder or an official of the commission or a control body, for chapter 6, part 1, division 3, see section 216.

"internal review application" means an application under section 243 for an internal review of an original decision.

"internal review decision" see section 245(1)(b).

"licence holder" means—

(a) for an animal—the person stated in the licence as the holder of the licence; or

(b) otherwise—the person who is licensed.

Example of a licence holder for paragraph (a)—
An animal called ‘Rocket’ may be licensed by the commission. Joan Rockettes may be the owner of the licensed animal. The licence will state that Joan Rockettes is the licence holder of the licence for the licensed animal ‘Rocket’.

"licensed" means licensed by the commission.

"licensed animal" means—

(a) an animal that is licensed by the commission for its code of racing; or

(b) an animal that a person presents at a licensed venue, another place where a trial for licensed animals is or is to be held or any other place, as if the animal were a licensed animal.

"licensed club" means a licensed club under the Racing Act.

"licensed executive officer" , of a corporation that is a racing bookmaker, means an executive officer of the corporation identified in the corporation’s racing bookmaker’s licence as an executive officer who may carry on bookmaking for the corporation under the licence.

"licensed venue" means a licensed venue under the Racing Act.

"manage" —

(a) in relation to a code of racing or application code in an approval application, includes—
(i) regulating activities associated with the code or application code; and

(ii) prohibiting some activities, or aspects of an activity, associated with the code or application code; or

(b) in relation to a licensed venue by a control body, means the control body that licensed the venue has included the contest, contingency, event or race meeting to be held at the venue in the control body’s racing calendar.

"mandatory condition" , of an offcourse approval, see section 121(2).

"notice" means a written notice.

"occupier" , of a place, includes the following—

(a) if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b) any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c) if no-one apparently occupies the place—any person who is an owner of the place.

"of" , a place, includes at or on the place.

"offcourse approval" see section 116(1).

"offence warning" , for a direction or requirement by an authorised officer, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.

"official" means—

(a) of the commission—an authorised officer or a steward; or

(b) of a control body—a person who holds a position in the control body that is stated, under the control body’s rules of racing, as a position for which the holder is an official of the control body.
Example for paragraph (b)—
A control body’s rules of racing may state a holder of the position of handicapper or starter is an official of the control body.

"operational plan" means the commission’s operational plan under section 50.

"original decision" see section 240.

"owner" , of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.

"participant" means a person involved with a code of racing, other than—

(a) a club; or

(b) a person who participates merely by doing either or both of the following—
(i) attending a race meeting;

(ii) placing a bet with a racing bookmaker at a race meeting.

"personal details requirement" see section 197(5).

"person in control" —

(a) of a vehicle, includes—
(i) the vehicle’s driver or rider; and

(ii) anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or

(b) of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.

"place" includes the following—

(a) premises;

(b) vacant land;

(c) a place in Queensland waters;

(d) a place held under more than 1 title or by more than 1 owner;

(e) the land or water where a building or structure, or a group of buildings or structures, is situated.

"police commissioner" means the commissioner of the police service.

"premises" includes the following—

(a) a building or other structure;

(b) a part of a building or other structure;

(c) a caravan or vehicle;

(d) a cave or tent;

(e) premises held under more than 1 title or by more than 1 owner.

"prohibited thing" , for chapter 6, part 1, division 3, see section 216.

"proposed action" , for chapter 3, see section 72(2)(a).

"public place" means a place, or part of a place—

(a) that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or
Examples of a place that may be a public place under paragraph (a)—
a beach, a park, a road

(b) the occupier of which allows, whether or not on payment of money, members of the public to enter.
Examples of a place that may be a public place under paragraph (b)—
a saleyard, a showground

"Queensland Racing Integrity Commission" means the Queensland Racing Integrity Commission established under section 7.

"race" means a race under the Racing Act.

"race day steward" means a steward who is employed by the commission to supervise particular matters at race meetings.

"race meeting" means—

(a) a meeting for conducting racing of licensed animals; or

(b) a betting meeting.

"Racing Act" means the Racing Act 2002 .

"racing bookmaker" means the holder of a racing bookmaker’s licence.

"racing bookmaker’s clerk" means the holder of a racing bookmaker’s clerk licence.

"racing bookmaker’s clerk licence" means a licence from the commission to be employed by a racing bookmaker as a clerk in the conduct of the racing bookmaker’s business at a licensed venue.

"racing bookmaker’s licence" means a licence from the commission as a racing bookmaker for a code of racing.

"Racing Integrity Commissioner" means the person who, under section 14, holds office as the Racing Integrity Commissioner.

"reasonably believes" means believes on grounds that are reasonable in the circumstances.

"reasonably suspects" means suspects on grounds that are reasonable in the circumstances.

"rules of racing" means the rules of racing under the Racing Act.

"show cause notice" —

(a) for chapter 3, part 3, see section 72(1); or

(b) for chapter 4, part 2, see section 103 (1); or

(c) for chapter 4, part 3, see section 125(1).

"show cause period" —

(a) for chapter 3, part 3, see section 72(2)(e); or

(b) for chapter 4, part 2, see section 103 (2)(d); or

(c) for chapter 4, part 3, see section 125(2)(d).

"sporting contingency" includes the following whether happening in Queensland or elsewhere—

(a) a contest, contingency or event relating to animals, other than a race;

(b) a contest, contingency or event relating to an athletic meeting, exercise, fight, game, pastime or sport.

"staff" , of the commission, means persons employed by the commission in any capacity.

"standard" means a standard for a code of racing, made by the commission under chapter 3, part 2.

"steward" means a person appointed by the commission as a steward or deputy steward.

"strategic plan" means the commission’s strategic plan under section 50.

"telecommunications system" means a system or network consisting of an electronic device or other equipment for communicating at a distance, including, for example, a telephone system and a system that allows communication electronically by means of the internet, a cable television network or another online communications system.

"thing" includes an animal, whether dead or alive.

"tribunal" means QCAT.

"unsuitable corporation" means a corporation—

(a) that is a criminal organisation; or

(b) in which a substantial holding in the corporation is held by—
(i) an identified participant in a criminal organisation; or

(ii) a criminal organisation; or

(c) that has a holding company that is a criminal organisation.

"use" , a prohibited thing on a licensed animal, for chapter 6, part 1, division 3, see section 216.

"vehicle" means anything used for carrying any animal, person or thing by land, water or air.

Examples—
aircraft, boat, trailer, train, tram

"venue" includes a track.

"veterinary surgeon" means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936 .

"welfare" , of an animal, means issues about the health, safety or wellbeing of the animal.

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