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RACING (TASRACING PTY LTD) (TRANSITIONAL AND CONSEQUENTIAL
PROVISIONS) BILL 2009
CLAUSE NOTES
Clause 1 Short Title and citation.
Clause 2 The Act will commence immediately after the commencement of
the Racing (Tasracing Pty Ltd) Act 2009.
Clause 3 This clause provides definitions for the purpose of this Act. It also
provides for expressions used in this Act to have the same
meaning as those contained in the Racing Regulation Act 2004.
This clause explains the legal effect of vesting TRB's assets, rights
Clause 4
and liabilities in the Company, by:
under subclause (1)(a), providing that the assets of the TRB
become those of the Company without any further action required.
under subclause (1)(b), providing that the rights and liabilities of
the TRB become those of the Company;
under subclause (1)(c), providing that any legal or other
proceedings commenced by or against the TRB, or deemed to be
by or against the TRB, before or pending on the incorporation day
may be continued by or against the Company;
under subclause (1)(d), providing that on or after the incorporation
day any judgement or order obtained in respect of the TRB, or
deemed to be enforceable against the TRB, may be enforced by
or against the Company;
under subclause (1)(e), providing that any legal or other
proceedings that could have been commenced by or against the
TRB, or deemed to be by or against the TRB, before or pending
on the incorporation day may be commenced by or against the
Company;
under subclause (1)(f), providing that on or after the incorporation
day any documents addressed to and served upon the TRB are
taken to have been served on the Company;
under subclause (1)(g), providing that on or after the incorporation
day any reference to the TRB in any Act, instrument, contract
(other than an employment contract), agreement, arrangement or
undertaking, or in any document, is to be taken where appropriate
to be or include a reference to the Company;
under subclause (2), clarifying that the operation of this section
does not have any of the consequences outlined;
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under subclause (3), providing that no State tax is payable for
documentation prepared to give effect to the transfer; and
under subclause (4), defining "State tax" for the purposes of this
clause.
Clause 5 This clause specifies the powers of the Company in respect of
matters arising under this Act, by:
under subclause (1), clarifying that the section applies to the
matters as outlined; and
under subclause (2) empowering the Company, on or after the
incorporation date, to pursue remedies, recovery of debts, money
and claims that are payable to or recoverable by the TRB and to
enforce or realise any security or charge in force against the TRB
as if it were a security or charge against the Company.
Clause 6 This clause provides the basis for, and terms and conditions of, the
transfer of employees from TRB to the Company, by:
under subclause (1), providing that on the incorporation day, all
employees of the TRB will become employees of the Company;
under subclause (2), providing that on the incorporation day, the
Company becomes the employee of all employees of the TRB;
under subclause (3), providing that employees of the TRB will be
employed on the same remuneration, terms and conditions as they
were on immediately prior to transfer, and retain all accrued rights
with the ability to claim those rights against the Company;
under subclause (4), providing that the period of service of an
employee of the TRB is to be taken to be the period of service with
the Company;
under subclause (5), providing that terms of employment can be
changed or altered by an award, industrial agreement or law after a
person becomes an employee of the Company;
under subclause (6), providing that the Long Service Leave (State
Employees) Act 1994 continues to apply to an employee of the
Company if he or she was an employee of the TRB immediately
before the incorporation day, unless the employee elects that the
Act not apply or an award of industrial agreement provides
otherwise;
under subclause (7), providing that the transfer of a TRB employee
to the Company is not to be regarded as cessation of employment
for superannuation purposes; and
under sub-clause (8), providing that no transferred employee is
entitled to compensation or any other payment in respect of the
change of employer.
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Clause 7 This clause requires the Company to make adequate provision to
meet liabilities under the Retirement Benefits Act 1993 in respect
of transferred employees, and makes it clear that nothing in this
Act affects the current superannuation entitlements of such
employees.
Clause 8 This clause provides for the continuation of the Rules of Racing,
policies and guidelines of the TRB by:-
under paragraph (1), enabling the Rules of Racing, policies and
guidelines in force for a code of racing under the Racing
Regulation Act 2004 immediately before the incorporation day to
continue in force as the Rules of Racing, policies and guidelines for
that code of racing after that day; and
under paragraph (2), enabling the Rules of Racing, policies and
guidelines as continued in force by this section to be, at any time,
amended or rescinded and replaced by new rules, policies and
guidelines under the Racing Regulation Act 2004.
Clause 9 This clause specifies that any warning off notice issued by or on
behalf of the TRB under section 54 of the Racing Regulation Act
2004, or by virtue of section 23 of the Racing Regulation
Amendment (Governance Reform) (Transitional and Consequential
Provisions) Act 2008, still in force immediately before the
incorporation day, continues in force on and after that day,
according to its terms, as a warning notice issued by the Company.
Clause 10 This clause ensures that decisions and actions of the TRB
continue to have effect as decisions and actions of the Company.
Clause 11 This clause empowers the Governor to make regulations for the
purposes of this Act or the Principal Act.
Clause 12 This clause provides for the administration of this Act.
Clause 13 This clause provides for consequential amendments specified in
Schedule 1.
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Schedule 1 Details consequential amendments to be made to the Gaming
Control Act 1993, Racing Regulation Act 2004, TOTE Tasmania
(Racing Regulation) Act 2004, TOTE Tasmania Act 2000 and the
Workers Rehabilitation and Compensation Act 1988, as follows -
Gaming Control The amendment relates to section 76ZDB Interpretation of Division
Act 1993 (Betting Exchange Operations). The required amendment is the
deletion of paragraph (c) of the definition of "regulatory Agency" to
remove references to councils, which no longer exist. This will be
replaced with a definition of "Tasracing".
Racing Regulation The amendments relate to a number of sections of this Act to
Act 2004 reflect the transition of the TRB to a State-owned Company.
The required amendments to section 3 Interpretation are the
deletion of all references to "TRB" or "the TRB" and, where
appropriate, substitution of "Tasracing". The definition of "TRB" is
replaced with a definition of "Tasracing".
The required amendment to section 6 Functions of Director is
the deletion in paragraph (2)(c) of the words "the TRB" and
substitution of "Tasracing".
The required amendments to section 7 Powers of the Director are
in paragraph (2) and involve the deletion of all references to "the
TRB" and substitution of "Tasracing".
Section 10 which established the Board is repealed as this entity
will no longer exist.
The required amendments to section 11 General Function and
Powers of the TRB are the deletion of references in subsections
(1), (1)(r) and (12) to "the TRB" and substitution of "Tasracing".
A further amendment to section 11 is the deletion of subsections
(2) to (11) inclusive. Subsection (11) is replaced with a provision to
ensure the Company performs it functions and exercises its
powers in accordance with the Rules of Racing.
Sections 12, 13, 14, 15 and 16 are repealed as the TRB is being
abolished and the general provisions contained therein are either
no longer relevant or have been provided for in the legislation
regulating the Company.
Division 2 of Part 3 TRB Membership is repealed as the Board will
no longer be an entity.
The required amendments to sections 22(6)(e), 23(7)(e), 28(1)(a),
36(1)(c), 40(1), 40(1A), 40(2), 44(1), 44(3)(a), 44(3)(b), 44(4),
44A(1), 44B(1), 44B(2), 44C(1), 44C(2), 44C(3), 44D, 44D(a),
47(4)(b), 47(5) and 47(6) are the deletion of all references to "the
TRB" and substitution of "Tasracing".
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The required amendments to section 51 Appointment of Stewards
and other Racing Officials are the deletion in subsection (2) of the
words "the TRB and IAB" and substitution of "Tasracing and the
IAB", and in subsection (7) the deletion of the words "the TRB" and
substitution of "Tasracing".
The required amendments to section 54 Warning-off Notices are
the deletion in subsections (2), (2)(a), (2)(b), (4), (6), (12), (12)(a),
(12)(b) and (13) of all references to "the TRB" and substitution of
"Tasracing" in line with the abolition of the TRB and the formation
of the Company.
The required amendment to section 82 Unclaimed Winnings is the
deletion in subsection (2)(b) of the words "the TRB" and
substitution of "Tasracing".
The required amendment to section 106 Protection of Racing
Administrators and Officials is the deletion of subsections (2) and
(4) as the TRB will no longer exist.
The amendment to section 109 Regulations is the deletion in
subsection (3)(c) of references to "the TRB" and substitution of
"Tasracing.
The amendment to section 111 Rules of Racing is the deletion of
references to "the TRB" and substitution of "Tasracing.
Schedules 1, 2 and 3 which dealt with meetings, employee
superannuation and membership of the TRB are repealed as this
entity will no longer exist.
TOTE Tasmania The first amendment relates to section 3 Interpretation. The
(Racing required amendment is the deletion of the definition of "TRB" as
Regulation) Act this entity will no longer exist. This will be replaced with a
2004 definition of "Tasracing".
The second amendment relates to section 10(1) Product Fee. The
required amendment is the deletion of the words "the TRB" and
substituting "Tasracing", and the insertion of the words "and the
Racing (Tasracing Pty Ltd) Act 2009" after "Racing Regulation Act
2004".
The third amendment relates to section 11(3) Amounts to be Set
Aside. The required amendments are to subsections (3) and 3(b)
by the deletion of references to "the TRB" and substitution of
"Tasracing".
The fourth required amendment is to subsection (11A)(1) by the
deletion of the words "the TRB" and substitution of "Tasracing".
TOTE Tasmania The amendment relates to the long title. The required amendment
Act 2000 is the deletion of "and administrative". This function of TOTE
Tasmania is no longer relevant.
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Workers The amendments relate to section 4DC which provides for the
Rehabilitation and rehabilitation and compensation of jockey in respect of
Compensation Act occupational injuries suffered by jockeys. The first three required
1988 amendments are to subsections (1), (2)(a) and (2)(b) by the
deletion of "the TRB" as this entity will no longer exist. These will
be replaced by "Tasracing". The fourth required amendment is to
subsection (4) by omitting the definition of "TRB" and substituting a
definition of "Tasracing".