Tasmanian Bills Clause Notes Tasmanian Bills Clause Notes[Index] [Search] [Download] [Bill] [Help]
RACING REGULATION AMENDMENT (RACE FIELDS) AMENDMENT BILL
2009
CLAUSE NOTES
Clause 1 Short title and citation.
Clause 2 The Act commences immediately after the commencement of
the Racing (Tasracing Pty Ltd) (Transitional and
Consequential Provisions) Act 2009.
Clause 3 The Principal Act is the Racing Regulation Amendment (Race
Fields) Act 2008.
Clause 4 This clause amends the commencement date of the Principal
Act to 1 July 2009. If however the Racing Regulation
Amendment (Race Fields) Amendment Act 2009 does not
receive the Royal Assent on or before 1 July 2009, the
Principal Act is nevertheless taken to have commenced on
that day.
Clause 5 This clause amends definitions for the purpose of this Act.
Clause 6 This clause amends section 5 of the Principal Act to broaden
the operation of the prohibition such that it captures the
publication, acknowledgement or confirmation of any race field
information to a wagering operator regardless of whether the
wagering operator already knew the information, by:
under paragraph (a), omitting the word "FIELDS" from the
heading of Part 6A and substituting "FIELD INFORMATION"
to reflect the substantive changes made under this clause;
under paragraph (b), inserting a new section 54AA before
section 54A to provide an interpretation of what constitutes the
publishing of Tasmanian race field information for the
purposes of Part 6A;
under paragraphs (c), (e) and (f), substituting all references to
the words "field" and "fields" in section 54A, including the head
note, with the words "field information" to capture the making
of a written or electronic record;
under paragraphs (d) and (g), substituting all references to the
word "person" in section 54A with the words "wagering
operator" to make it clear the prohibition on using race field
information only extends to wagering operators and not the
general public;
under paragraphs (h), (j), (k), (n), (p) and (r), substituting all
references to the word "field" in section 54B, including the
head note, with the words "field information" consistent with
the previous changes under this Clause;
under paragraph (i), substituting references to the word
"person" in section 54B with the words "wagering operator"
consistent with the amendment made under paragraphs (d)
and (g) of this Clause;
under paragraphs (l), (m) and (q), substituting references to
the words "the TRB" in section 54B with the word "Tasracing"
consequential to the replacement of the TRB by the Tasracing
Company;
under paragraph (o), deleting subsection (4A) in section 54B
and substituting new subsections (4A) and (4B), as follows:
new subsection 54B(4A) requires the Secretary of DIER,
subject to subsection (4B), to pay to Tasracing within an
agreed time the fees payable by wagering operators under
race field information publication approvals, less an
administration fee; and
new subsection 54B(4B) empowers the Treasurer to direct
the Secretary of DIER to defer payment of the fees
payable by wagering operators for a period of time
determined by the Treasurer for the purpose of
quarantining the revenue until it becomes clear the fees
payable do not infringe the Constitution;
under paragraphs (s), (u), (v), and (w), by substituting all
references to the word "field" in section 54C, including the
head note, with the words "field information";
under subclause (t), substituting reference to the word
"person" in section 54C(1) with the words "wagering operator"
for the reasons previously outlined;
under subclauses (x), (y), (zc) and (ze), substituting all
references to the word "person" in section 54D with the words
"wagering operator" for the reasons previously outlined;
under subclauses (z), (za), (zb), (zd) and (zf), by substituting
all references to the word "field" in section 54D with the words
"field information" for the reasons previously outlined; and
under subclauses (zg) and (zh), by substituting all references
to the word "field" in section 54F, including the head note, with
the words "field information" for the reasons previously
outlined;
Clause 7 This clause amends section 5A of the Principal Act by
inserting the word "information" after the word "field" in
paragraph (qa) for the reasons outlined in Clause 6.
Clause 8 This clause amends section 5B of the Principal Act, by
under subclause (a), removing the reference in paragraph (ka)
to "person to publish Tasmanian race field" and replacing with
"wagering operator to publish Tasmanian race field
information" for the reasons outlined in Clause 6; and
under subclauses (b) and (c), by inserting the word
"information" after the word "field" in paragraphs (kb) and (kc)
for the reasons outlined in Clause 6.
Clause 9 This clause amends section 6 of the Principal Act by replacing
all references to the words "race field publication approval"
with the words "race field information publication approval" for
the reasons outlined in Clause 6.