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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Australian Jockey Club Bill 2008
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Objects of Act 2
4 Interpretation 2
Part 2 Randwick Racecourse
Division 1 Functions of AJC Limited
5 AJC Limited has functions while lessee 5
6 Functions of AJC Limited in relation to Randwick
Racecourse 5
7 Use of Racecourse for additional activities 5
8 Maintenance and erection of buildings and
improvements 5
Australian Jockey Club Bill 2008
Contents
Page
Division 2 Racecourse trustees
9 Appointment of trustees 6
Division 3 Leasing of Racecourse
10 Further lease of Randwick Racecourse 6
11 Trade practices authorisations 7
Division 4 Use of Racecourse
12 By-laws 7
13 Exclusion of persons from Racecourse 8
14 Trespass on Randwick Racecourse 8
Part 3 Transfer of business undertaking of AJC to AJC
Limited
15 Interpretation 9
16 Vesting of AJC's assets 10
17 Transfer of AJC's regulatory authorisations 11
18 Rights and liabilities of AJC become those of
AJC Limited 12
19 Contracts and arrangements with AJC 12
20 Proceedings against AJC may be taken against
AJC Limited 12
21 Acts or omissions of AJC taken to be those of
AJC Limited 13
22 Certain references to AJC to be read as references to
AJC Limited 13
23 Assets, rights and liabilities outside of New South Wales 13
24 Cessation of certain personal rights and liabilities of
AJC officers 14
25 Employees of AJC taken to be employees of
AJC Limited 15
26 Certification to registration authorities 16
27 No compensation payable 16
28 Confirmation of operation of this Part 16
Part 4 Miscellaneous
29 Repeal of Australian Jockey Club Act 1873 17
30 AJC not dissolved 17
31 Act to bind State and other jurisdictions 17
32 Extraterritorial operation of Act 17
33 Effect of this Act on contracts, instruments and related
matters 18
34 Exemption from State tax 18
Contents page 2
Australian Jockey Club Bill 2008
Contents
Page
35 Service or giving of documents 19
36 Regulations 19
37 Nature of proceedings for offences 19
38 Savings, transitional and other provisions 19
39 Amendment of other Acts and statutory instruments 19
40 Review of Act 20
Schedule 1 Savings, transitional and other provisions 21
Schedule 2 Amendment of other Acts and statutory
instruments 22
Contents page 3
I certify that this public bill, which originated in the Legislative Assembly, has
finally passed the Legislative Council and the Legislative Assembly of New
South Wales.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2008
New South Wales
Australian Jockey Club Bill 2008
Act No , 2008
An Act to provide for the transfer of the business undertaking of the Australian
Jockey Club to Australian Jockey Club Limited and for the granting of further leases
of Randwick Racecourse; and for other purposes.
I have examined this bill and find it to correspond in all respects with the bill as
finally passed by both Houses.
Assistant Speaker of the Legislative Assembly.
Clause 1 Australian Jockey Club Bill 2008
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Australian Jockey Club Act 2008.
2 Commencement
This Act commences on the date of assent to this Act.
3 Objects of Act
The objects of this Act are as follows:
(a) to transfer the lease of Randwick Racecourse vested in the
Chairman of the Committee of the unincorporated Australian
Jockey Club to Australian Jockey Club Limited
(ACN 130 406 852) and to provide for the lease to be issued for
a further term or terms,
(b) to provide for the functions of Australian Jockey Club Limited in
relation to Randwick Racecourse,
(c) to transfer the remainder of the business undertaking of the
unincorporated Australian Jockey Club to Australian Jockey
Club Limited,
(d) to repeal the Australian Jockey Club Act 1873 and to re-enact
(with modifications) some of the provisions of that Act that have
continuing application,
(e) to make provision for matters of a savings or transitional nature,
(f) to make consequential amendments to certain other Acts and
statutory instruments.
4 Interpretation
(1) Definitions
In this Act:
AJC means the club known as the Australian Jockey Club as referred to
in the Australian Jockey Club Act 1873.
AJC Limited means Australian Jockey Club Limited (ACN 130 406
852), and includes its successors and permitted assigns.
assets means any legal or equitable estate or interest (whether present or
future, whether vested or contingent and whether personal or
assignable) in real or personal property of any description (including
money), and includes securities, choses in action and documents.
Page 2
Australian Jockey Club Bill 2008 Clause 4
Preliminary Part 1
club rules means:
(a) in relation to the AJC--the document entitled the Constitutional
Rules of the Australian Jockey Club, as in force from time to
time, and
(b) in relation to AJC Limited--the constitution of the company and
any other document issued by AJC Limited that contains rules
concerning membership of the company, as in force from time to
time.
commencement day means the day on which this Act commences.
Corporations Act means the Corporations Act 2001 of the
Commonwealth.
exercise a function includes perform a duty.
function includes a power, authority or duty.
general law means the common law and equity (as modified from time
to time by legislation).
instrument means an instrument (other than this Act or an instrument
made under this Act) or any other document that creates, modifies or
extinguishes rights or liabilities (or would do so if lodged, filed or
registered in accordance with any law), and includes any judgment,
order, process or other instrument issued by a court or tribunal.
legislation includes:
(a) any statute of a legislature (whether enacted or made in Australia
or elsewhere), and
(b) any proclamation, regulation, rule, by-law, order or any other
kind of subordinate legislation (however described) made under
the authority of a statute of a legislature (whether enacted or
made in Australia or elsewhere).
liabilities means any liabilities, debts or obligations (whether present or
future, whether vested or contingent and whether personal or
assignable).
power includes an authority.
Racecourse lease means any of the following:
(a) any lease of Randwick Racecourse granted to AJC Limited by the
Racecourse trustees under section 10,
(b) any lease of Randwick Racecourse originally granted to the AJC
under section 3A of the Australian Jockey Club Act 1873 that, by
operation of Part 3, is vested in AJC Limited.
Racecourse trustees means the trustees for the time being of Randwick
Racecourse.
Page 3
Clause 4 Australian Jockey Club Bill 2008
Part 1 Preliminary
Randwick Racecourse means:
(a) the land comprised in Certificate of Title Folio Identifier
1/130234, and
(b) the land comprised in Certificate of Title Folio Identifier
1642/752011, and
(c) the land comprised in Certificate of Title Folio Identifier
1588/752011,
and includes any buildings, structures, fixtures, fittings and other
improvements on that land.
regulatory authorisation means any licence, permit, consent,
entitlement, accreditation or other authority under State legislation.
rights means any rights, powers, privileges or immunities (whether
present or future, whether vested or contingent and whether personal or
assignable).
State legislation means any legislation of the State.
the State means New South Wales.
(2) When events or other things occur
If this Act provides for an event or other thing to occur on a particular
day, that event or thing is taken to occur at the beginning of that day.
(3) Notes
Notes included in this Act do not form part of this Act.
Page 4
Australian Jockey Club Bill 2008 Clause 5
Randwick Racecourse Part 2
Part 2 Randwick Racecourse
Division 1 Functions of AJC Limited
5 AJC Limited has functions while lessee
AJC Limited has the functions conferred or imposed on it by or under
this Part only while it is the lessee of Randwick Racecourse.
6 Functions of AJC Limited in relation to Randwick Racecourse
AJC Limited has the following functions in relation to Randwick
Racecourse:
(a) to manage, use and maintain the land that comprises the
Racecourse for the purpose of a public racecourse and associated
activities,
(b) to manage, use and maintain that land for any other purpose
authorised by or under this Part or the Racecourse lease.
7 Use of Racecourse for additional activities
(1) AJC Limited may, with the consent of the Racecourse trustees and
subject to such terms and conditions as the trustees think fit, use (or
permit the use of) all or any part of Randwick Racecourse for the
purposes of an activity, or class of activities, that AJC Limited would
otherwise not be authorised to conduct (or allow another person to
conduct).
(2) The use of Randwick Racecourse in accordance with any consent given
under this section is not to be regarded as a breach of the Racecourse
lease.
(3) Nothing in this section affects the operation of any other State
legislation for the time being applicable to or in respect of any activity
or class of activities referred to in this section.
8 Maintenance and erection of buildings and improvements
(1) AJC Limited may maintain any buildings and other improvements
within Randwick Racecourse.
(2) AJC Limited may erect or re-erect buildings and other improvements
within Randwick Racecourse if AJC Limited considers it necessary or
expedient to do so for or in connection with the use of the Racecourse.
Page 5
Clause 9 Australian Jockey Club Bill 2008
Part 2 Randwick Racecourse
Division 2 Racecourse trustees
9 Appointment of trustees
(1) Despite the repeal of the Australian Jockey Club Act 1873, the Governor
may continue to appoint new trustees for Randwick Racecourse to
replace any trustee who:
(a) dies, or
(b) resigns, or
(c) ceases to reside in the State, or
(d) becomes incapable of acting as a trustee.
(2) Subject to this Act, the Racecourse trustees continue to hold Randwick
Racecourse subject to the trust referred to in the preamble to the
Australian Jockey Club Act 1873.
Division 3 Leasing of Racecourse
10 Further lease of Randwick Racecourse
(1) On the surrender of any Racecourse lease that is in force, the
Racecourse trustees may grant a further lease or leases, on such terms
and conditions as they see fit, of all or any part of Randwick Racecourse
to AJC Limited for a period not exceeding 99 years.
(2) A lease granted under this section may contain options for the lessee to
renew the lease for a further period or periods.
(3) If the lease contains options for renewal of the lease by the lessee, the
aggregate of the original period and the further period or periods must
not exceed 99 years.
(4) When granting the first lease under this section, the Racecourse trustees
must take such action as is necessary to ensure that the State (or the
Crown in right of the State) does not breach any contractual obligation
that the State (or the Crown in right of the State) has to procure the
granting of a new lease of Randwick Racecourse to the AJC or its
successors.
(5) The Minister may, by order in writing served on each of the Racecourse
trustees, give such directions to the trustees as the Minister thinks fit
concerning the period, terms or conditions of the first lease to be granted
under this section for the purpose of ensuring that the State (or the
Crown in right of the State) does not breach any of its contractual
obligations in relation to the granting of the lease.
(6) The Racecourse trustees:
(a) must comply with any directions given under subsection (5), and
Page 6
Australian Jockey Club Bill 2008 Clause 11
Randwick Racecourse Part 2
(b) are not to be regarded as having acted in breach of trust if they
comply with a requirement imposed by this section or with any
directions given under subsection (5).
(7) AJC Limited is, subject to any Racecourse lease, authorised to grant
subleases and licences to use any part of Randwick Racecourse while it
is the lessee of the Racecourse.
(8) The grant of a lease under this section does not affect the continued
operation of any sublease or licence to use Randwick Racecourse (or
any part of the Racecourse) previously granted by or on behalf of the
AJC or AJC Limited.
(9) If a Racecourse lease provides for the payment of damages by the AJC
or AJC Limited in the event of the non-fulfilment by the AJC or AJC
Limited of a term or condition of the lease, those damages are taken to
be liquidated damages and may be recovered as such by the Racecourse
trustees in any court of competent jurisdiction.
11 Trade practices authorisations
(1) The following are specifically authorised by this Act for the purposes of
the Trade Practices Act 1974 of the Commonwealth and the
Competition Code of New South Wales:
(a) the giving of directions under section 10 and the conduct of any
person in compliance with any such directions,
(b) any lease entered into between the Racecourse trustees and AJC
Limited as provided by section 10,
(c) the conduct of those bodies and any agent in negotiating and
entering into any such lease,
(d) the conduct of those bodies and any agent in performing the terms
of any such lease.
(2) Anything authorised to be done by this section is authorised only to the
extent to which it would otherwise contravene Part IV of the Trade
Practices Act 1974 of the Commonwealth or the Competition Code of
New South Wales.
Division 4 Use of Racecourse
12 By-laws
(1) AJC Limited may make by-laws, not inconsistent with this Act or any
other law, for or with respect to any of the following matters:
(a) the admission and expulsion of members or former members of
the AJC or AJC Limited and other persons from Randwick
Page 7
Clause 13 Australian Jockey Club Bill 2008
Part 2 Randwick Racecourse
Racecourse (or from any building, structure or other part of the
Racecourse),
(b) rates, tolls or charges to be paid for admission to Randwick
Racecourse (or to any building, structure or other part of the
Racecourse),
(c) any other matter concerning or connected with the use or
management of Randwick Racecourse.
(2) The by-laws may create offences punishable by an amount not
exceeding 5 penalty units.
(3) A by-law has no effect unless approved by the Governor.
Note. Any by-law made by a person or body that requires the approval of the
Governor is a statutory rule for the purposes of the Interpretation Act 1987.
Accordingly, it must be published in the Gazette in order to come into force.
(4) Nothing in this section (including subsection (3)) limits any other power
that AJC Limited has apart from this section (including under the
Corporations Act) to make, amend or repeal its club rules or to
otherwise deal with its members or business.
13 Exclusion of persons from Racecourse
(1) AJC Limited may refuse a person admission to, or expel a person from,
any part of Randwick Racecourse (or cause a person to be refused
admission or expelled) if:
(a) the person is a member or former member of the AJC or AJC
Limited who has been disqualified pursuant to the club rules of
the AJC or AJC Limited, or
(b) there are reasonable grounds for believing that the person's
presence on the Racecourse would be undesirable in the interests
of the public using the Racecourse or prejudicial to the proper
conduct of racing at the Racecourse.
(2) The provisions of subsection (1) are in addition to, and not in derogation
of, any power to refuse admission or expel a person that is conferred by
or under the by-laws or other legislation or at general law.
14 Trespass on Randwick Racecourse
A person must not wilfully trespass on any part of Randwick
Racecourse (or any building or structure located within that
Racecourse).
Maximum penalty: 50 penalty units.
Note. Division 2 (Criminal destruction and damage) of Part 4 of the Crimes Act
1900 contains a number of offences involving damage to property.
Page 8
Australian Jockey Club Bill 2008 Clause 15
Transfer of business undertaking of AJC to AJC Limited Part 3
Part 3 Transfer of business undertaking of AJC to
AJC Limited
15 Interpretation
(1) In this Part:
AJC Chairman means the Chairman of the AJC Committee, and
includes any person who formerly held that office.
AJC Committee means the Committee of the AJC, and includes a
former Committee of the AJC.
AJC Committee member means any member of the AJC Committee,
and includes any person who formerly held that office.
AJC member means any member of the AJC, and includes any person
who is a former member of the AJC.
AJC officer means the AJC Chairman or any other AJC Committee
member.
AJC's assets means:
(a) all of the assets vested (whether absolutely or contingently) in, or
otherwise held by, the AJC Chairman on behalf of the AJC
(whether under the Australian Jockey Club Act 1873 or
otherwise) immediately before the commencement day, and
(b) all of the assets purportedly vested (whether absolutely or
contingently), or otherwise held, in the name of the AJC instead
of the AJC Chairman immediately before the commencement
day,
and includes (without limitation) any lease of Randwick Racecourse
granted to the AJC as provided by the Australian Jockey Club Act 1873.
Note. The Australian Jockey Club Act 1873 provided for land and other property
of the AJC to be vested in the AJC Chairman for the time being.
AJC's business undertaking means all of the following:
(a) AJC's assets,
(b) AJC's liabilities,
(c) AJC's rights,
(d) AJC's regulatory authorisations.
AJC's liabilities means all actual or potential liabilities of the AJC
(including any actual or potential liability enforceable against an AJC
officer under the Australian Jockey Club Act 1873 or otherwise in his or
her capacity as such) immediately before the commencement day.
AJC's regulatory authorisations means all regulatory authorisations in
force that are held by or on behalf of the AJC immediately before the
Page 9
Clause 16 Australian Jockey Club Bill 2008
Part 3 Transfer of business undertaking of AJC to AJC Limited
commencement day, including (without limitation) each of the
following:
(a) any licence held by or on behalf of the AJC that is in force under
the Liquor Act 1982 or the Liquor Act 2007,
(b) any poker machine entitlements or licences held by or on behalf
of the AJC under the Gaming Machines Act 2001,
(c) any licence held by or on behalf of the AJC that is in force under
the Racing Administration Act 1998,
(d) any certificate of registration held by or on behalf of the AJC that
is in force under the Registered Clubs Act 1976,
(e) any licence held by or on behalf of the AJC that is in force under
the Totalizator Act 1997.
AJC's rights means all actual or potential rights of the AJC (including
any actual or potential right enforceable by an AJC officer under the
Australian Jockey Club Act 1873 or otherwise in his or her capacity as
such) immediately before the commencement day.
conduct includes any act or omission.
(2) A reference in this Part to a potential right or liability being enforceable
by or against a specified person immediately before the commencement
day is a reference to the right or liability being so enforceable at that
time assuming it had been an actual right or liability rather than a
potential right or liability.
16 Vesting of AJC's assets
(1) AJC's assets vest in, and become the assets of, AJC Limited by virtue
of this section on the commencement day:
(a) without the need for any further conveyance, transfer, assignment
or assurance, and
(b) free of any estate or interest that any AJC member may have had
in the assets immediately before the commencement day by
reason of being a member.
(2) Without limiting subsection (1), any lease of Randwick Racecourse
granted to the AJC under the Australian Jockey Club Act 1873 that is in
force immediately before the commencement day vests in AJC Limited
as lessee on the commencement day for the remainder of the period of
the lease (and subject to the same conditions and restrictions that
applied in relation to the original lease).
(3) No attornment to AJC Limited by a lessee or sublessee from the AJC is
required.
Page 10
Australian Jockey Club Bill 2008 Clause 17
Transfer of business undertaking of AJC to AJC Limited Part 3
17 Transfer of AJC's regulatory authorisations
(1) Each of AJC's regulatory authorisations (an original regulatory
authorisation) becomes the regulatory authorisation of AJC Limited
(the transferred regulatory authorisation) on the commencement day
for the purposes of the State legislation under which the original
regulatory authorisation was issued or given (the relevant State
legislation).
(2) A transferred regulatory authorisation:
(a) has effect as if it had been issued to AJC Limited for the
remainder of the period (if any) for which the original regulatory
authorisation was issued, unless it is sooner cancelled, forfeited,
surrendered or otherwise ceases to have effect under the relevant
State legislation, and
(b) is subject to the same terms, conditions and endorsements as the
original regulatory authorisation until those terms, conditions or
endorsements are altered, varied or revoked in accordance with
the relevant State legislation.
(3) The following provisions of the Registered Clubs Act 1976 do not apply
in relation to AJC Limited in the specified circumstances:
(a) section 10 (1) (c) and (d) of that Act do not apply in relation to
AJC Limited for the period of 6 months after the commencement
day,
(b) such provisions of that Act, or the regulations made under that
Act, as may be prescribed by the regulations under this Act do not
apply in the circumstances (if any) specified in the regulations
under this Act (being circumstances that relate to the operation of
this Part).
Note. Section 41J (Disposal by registered club of real property) of the
Registered Clubs Act 1976 has no operation in relation to the transfer of the
AJC's core property by operation of this Part because the disposal has been
effected by this Part rather than the AJC.
(4) The Minister is not to recommend the making of a regulation for the
purposes of subsection (3) (b) unless the Minister administering the
Registered Clubs Act 1976 has consented to the making of the
regulation.
(5) The person or body (a regulatory body) that has the function under the
relevant State legislation of issuing regulatory authorisations of the
same kind as a transferred regulatory authorisation must, at the request
of AJC Limited, re-issue the transferred regulatory authorisation in the
name of AJC Limited (with substantially the same terms, conditions and
endorsements as the transferred regulatory authorisation).
Page 11
Clause 18 Australian Jockey Club Bill 2008
Part 3 Transfer of business undertaking of AJC to AJC Limited
(6) No fee or charge is payable by AJC Limited to a regulatory body for or
in respect of the exercise of any function by the regulatory body in
connection with the transfer or re-issue of a regulatory authorisation by
operation of, or under, this section.
18 Rights and liabilities of AJC become those of AJC Limited
(1) AJC's rights become by virtue of this section the rights of AJC Limited
on the commencement day and may be exercised without regard to any
fetters on the exercise of those rights that were enforceable by any AJC
members immediately before the commencement day by reason of
being members.
(2) AJC's liabilities become by virtue of this section the liabilities of AJC
Limited on the commencement day.
(3) Without limiting subsection (2), any indemnity granted by or on behalf
of the AJC to an AJC officer before the commencement day with
respect to conduct in his or her capacity as such is enforceable against
AJC Limited on and from the commencement day as if AJC Limited
had granted the indemnity.
19 Contracts and arrangements with AJC
On and from the commencement day (and without limiting sections 16,
18 and 24), AJC Limited is entitled to the benefit and subject to the
burden of, and is taken to be a party to, any contract or arrangement in
force immediately before the commencement day that was entered into
by the AJC (or by a person on behalf of the AJC) with any person as if
AJC Limited were named in the contract or arrangement instead of the
AJC (or the person on behalf of the AJC).
20 Proceedings against AJC may be taken against AJC Limited
(1) All proceedings by or against the AJC (whether or not those
proceedings are commenced using the name of the AJC Chairman) that:
(a) are pending immediately before the commencement day, and
(b) relate to any part of AJC's business undertaking,
are taken on and from the commencement day to be proceedings
pending by or against AJC Limited.
(2) Nothing in this Part renders defective any proceedings by or against the
AJC, the AJC Committee, any AJC officer or any AJC member
(whether or not those proceedings are commenced using the name of the
AJC Chairman).
Page 12
Australian Jockey Club Bill 2008 Clause 21
Transfer of business undertaking of AJC to AJC Limited Part 3
21 Acts or omissions of AJC taken to be those of AJC Limited
(1) Any act, matter or thing done or omitted to be done before the
commencement day by, to or in respect of the AJC in relation to any part
of AJC's business undertaking is (to the extent to which that act, matter
or thing has any force or effect) taken on and from the commencement
day to have been done or omitted to be done by, to or in respect of AJC
Limited.
(2) Without limiting subsection (1), that subsection extends to any conduct
(whether unconscionable, misleading, deceptive or otherwise) of any
AJC officer in his or her capacity as such.
22 Certain references to AJC to be read as references to AJC Limited
(1) Subject to subsection (2) and the regulations, on and from the
commencement day any reference in any instrument to the AJC, the
AJC Committee or any AJC officer while acting on behalf of the AJC
is (to the extent to which it relates to any part of AJC's business
undertaking) to be read as a reference to AJC Limited.
(2) Subsection (1) does not apply in relation to any reference of the kind
referred to in that subsection in any Act or other statutory instrument
that is amended by Schedule 2.
23 Assets, rights and liabilities outside of New South Wales
(1) If any asset that forms part of AJC's assets:
(a) is vested in or held by an AJC officer under the law of an external
jurisdiction immediately before the commencement day, and
(b) does not, despite section 16, become the asset of AJC Limited
under the law of that jurisdiction,
the AJC officer:
(c) subject to paragraph (d), holds the asset, for the purposes of the
law of New South Wales, in trust for the sole benefit of AJC
Limited until such time as the asset becomes the asset of AJC
Limited under the law of the external jurisdiction or the trust is
otherwise terminated, and
(d) if it is possible for the AJC officer to vest the asset in AJC
Limited under the law of that external jurisdiction by effecting a
conveyance, transfer, assignment or assurance and AJC Limited
directs it--must, in accordance with any such direction, effect
any such conveyance, transfer, assignment or assurance.
Note. For example, paragraph (d) enables AJC Limited to direct that the legal
title to an asset be transferred to it as the beneficial owner of the asset.
Page 13
Clause 24 Australian Jockey Club Bill 2008
Part 3 Transfer of business undertaking of AJC to AJC Limited
(2) The trust created by subsection (1) (c) is to be treated, for all purposes,
as if it was a bare trust declared by the AJC officer inter vivos.
Note. The general law relating to the law of trusts applies to the trust created by
subsection (1) (c).
(3) AJC Limited is the person nominated by this Act for the purposes of
appointing a new trustee under Division 1 of Part 2 of the Trustee Act
1925 in respect of the trust created by subsection (1) (c).
Note. The provisions of Division 1 of Part 2 of the Trustee Act 1925 provide for
the appointment and removal of trustees.
(4) If any right that forms part of AJC's rights (being rights that are not also
part of AJC's assets):
(a) is exercisable by an AJC officer under the law of an external
jurisdiction, and
(b) does not, despite section 18 (1), become a right of AJC Limited
on or after the commencement day under the law of that
jurisdiction,
the AJC officer (or any person entitled to exercise the right instead of
the AJC officer) must exercise that right in accordance with any
directions given by AJC Limited from time to time.
(5) If any liability that forms part of AJC's liabilities:
(a) is a liability enforceable against an AJC officer under the law of
an external jurisdiction, and
(b) does not, despite section 18 (2), become a liability of AJC
Limited on or after the commencement day under the law of that
jurisdiction,
the AJC officer (or, if the officer is deceased, the estate of the officer) is
entitled to be indemnified by AJC Limited against the liability.
(6) In this section:
external jurisdiction means any of the following:
(a) a State (other than New South Wales),
(b) a Territory,
(c) the Commonwealth,
(d) a jurisdiction outside of Australia.
24 Cessation of certain personal rights and liabilities of AJC officers
If any asset, right or liability (whether actual or potential) or any
regulatory authorisation becomes that of AJC Limited by operation of
this Part:
Page 14
Australian Jockey Club Bill 2008 Clause 25
Transfer of business undertaking of AJC to AJC Limited Part 3
(a) any AJC officer who held any such asset, or in whom such an
asset was vested, ceases on and from the commencement day:
(i) to hold, or be vested with, the asset, and
(ii) to have any rights or liabilities associated with holding or
being vested with the asset, and
(b) any AJC officer who could have exercised or otherwise enforced
any such right ceases on and from the commencement day to
have the power to exercise or otherwise enforce the right, and
(c) any AJC officer against whom any such liability was or could
have been enforceable ceases on and from the commencement
day to be the person against whom that liability may be enforced,
and
(d) any AJC officer who held any such regulatory authorisation
ceases on and from the commencement day:
(i) to hold the authorisation, and
(ii) to have any rights or liabilities associated with holding the
authorisation.
25 Employees of AJC taken to be employees of AJC Limited
(1) Any person who, immediately before the commencement day, was an
employee of the AJC is taken on and from that day to be an employee
of AJC Limited on the same terms and conditions as under the person's
contract of employment with the AJC immediately before that day.
(2) The terms and conditions of employment of any employee referred to in
subsection (1) may, after the commencement day, be changed in the
same way as they could have been before the commencement day.
(3) The service with the AJC of an employee referred to in subsection (1)
is taken to be service with AJC Limited for all purposes and the
employee's accrued entitlements with the AJC are taken to be accrued
entitlements with AJC Limited.
(4) An employee referred to in subsection (2) is not entitled to payment
(including, without limitation, any payment in lieu of leave or any
damages or other compensation, whether under legislation, contract or
otherwise) arising out of, or resulting from, the operation of this Part.
(5) Nothing in this section affects the continued application (if any) of any
industrial instrument under the Industrial Relations Act 1996 to the
employment of an employee referred to in subsection (2).
Page 15
Clause 26 Australian Jockey Club Bill 2008
Part 3 Transfer of business undertaking of AJC to AJC Limited
26 Certification to registration authorities
(1) In this section:
registration authority means a person or body that has functions under
any law in connection with the keeping of a register in respect of assets,
rights or liabilities.
(2) AJC Limited may lodge with a registration authority a certificate
certifying as to such information as may reasonably be required by the
registration authority to enable the registration authority to exercise any
function of the authority arising in connection with the transfer of any
asset, right or liability to AJC Limited by operation of this Part.
(3) Such a certificate is to be accepted and acted upon by the registration
authority and, despite any other law, the registration authority is not
entitled to require that the information concerned be provided to it in
any particular form or in any particular manner.
(4) No fee or charge is payable by AJC Limited to a registration authority
for or in respect of the exercise of any function by the registration
authority in connection with the transfer of an asset, right or liability by
operation of this Part.
27 No compensation payable
No compensation is payable to any person or body in connection with
the operation of this Part in respect of any asset, right, liability or
regulatory authorisation.
28 Confirmation of operation of this Part
(1) The Minister may, by notice in writing, confirm that particular
employees, assets, rights, liabilities or regulatory authorisations have
become the employees, assets, rights, liabilities or regulatory
authorisations of AJC Limited by operation of this Part.
(2) Such a notice is evidence of that fact.
Page 16
Australian Jockey Club Bill 2008 Clause 29
Miscellaneous Part 4
Part 4 Miscellaneous
29 Repeal of Australian Jockey Club Act 1873
The Australian Jockey Club Act 1873 is repealed.
30 AJC not dissolved
(1) Subject to Part 3, nothing in this Act (including the repeal of the
Australian Jockey Club Act 1873) operates to dissolve or terminate the
AJC.
(2) Accordingly, the AJC is not required to wind up its affairs or pay its
liabilities and distribute its assets as a result of the operation of this Act.
(3) However, the AJC may (but need not) be dissolved, and its affairs
wound up, in accordance with any relevant law applicable to the
dissolution of unincorporated associations of persons.
31 Act to bind State and other jurisdictions
(1) This Act binds the State and, in so far as the legislative power of the
Parliament of New South Wales permits, the other States, the Territories
and the Commonwealth.
(2) Without limiting subsection (1), this Act has effect despite any privilege
or immunity of the Crown in any of its capacities.
(3) This Act does not make any State or Territory, the Commonwealth, or
the Crown in any of its capacities, liable to be prosecuted for an offence.
(4) A reference in this section to a State, Territory or the Commonwealth
includes a reference to the Government of the State, Territory or
Commonwealth.
32 Extraterritorial operation of Act
(1) It is the intention of the Parliament of New South Wales that the
operation of this Act should, as far as possible, include operation in
relation to the following:
(a) things situated in or outside the territorial limits of the State,
(b) acts, transactions and matters done, entered into or occurring in
or outside the territorial limits of the State,
(c) things, acts, transactions and matters (wherever situated, done,
entered into or occurring) that would, apart from this Act, be
governed or otherwise affected by the law of another State, a
Territory, the Commonwealth or a foreign country.
Page 17
Clause 33 Australian Jockey Club Bill 2008
Part 4 Miscellaneous
(2) Without limiting subsection (1), it is the intention of the Parliament of
New South Wales that the provisions of this Act have an operation in
relation to the things, acts, transactions and matters referred to in that
subsection even if the rules of private international law (whether at
general law or as provided by legislation) would require the application
of a law other than this Act instead of the provisions of this Act.
33 Effect of this Act on contracts, instruments and related matters
The operation of this Act (and, in particular, Part 3) is not to be regarded
as:
(a) a breach of contract, trust or confidence or otherwise as a civil
wrong, or
(b) a breach of any instrument (including, without limitation, any
provision prohibiting, restricting or regulating the assignment or
transfer of employees, assets, rights, liabilities or regulatory
authorisations), or
(c) an event of default under any contract or other instrument, or
(d) giving rise to any remedy by a party to a contract or other
instrument, or as causing or permitting the termination of, or
exercise of rights under, any contract or other instrument.
34 Exemption from State tax
(1) In this section:
exempt matter means any of the following:
(a) the transfer of any employees, assets, rights, liabilities or
regulatory authorisations by operation of Part 3 (including,
without limitation, any instrument executed only for a purpose
ancillary to or consequential on the operation of Part 3),
(b) anything certified by the Minister in writing as having been done
in consequence of such a transfer (for example, the transfer or
registration of an interest in land).
State tax means application or registration fees, stamp duty or any other
tax, duty, fee or charge imposed by any State legislation or other law of
the State.
(2) State tax is not payable in relation to:
(a) an exempt matter, or
(b) anything done because of, or for a purpose connected with or
arising out of, an exempt matter.
Page 18
Australian Jockey Club Bill 2008 Clause 35
Miscellaneous Part 4
35 Service or giving of documents
(1) A document that is authorised or required by this Act or the regulations
to be served on or given to any person may be served or given:
(a) in the case of a natural person:
(i) by delivering it to the person personally, or
(ii) by sending it by post to the address specified by the person
for the giving or service of documents or, if no such
address is specified, the residential or business address of
the person last known to the person giving or serving the
document, or
(iii) by sending it by facsimile transmission to the facsimile
number of the person, or
(b) in the case of a body corporate:
(i) by leaving it with a person apparently of or above the age
of 16 years at, or by sending it by post to, the head office,
a registered office or a principal office of the body
corporate or to an address specified by the body corporate
for the giving or service of documents, or
(ii) by sending it by facsimile transmission to the facsimile
number of the body corporate.
(2) Nothing in this section affects the operation of any provision of a law or
of the rules of a court authorising a document to be served on a person
in any other manner.
36 Regulations
The Governor may make regulations, not inconsistent with this Act, for
or with respect to any matter that by this Act is required or permitted to
be prescribed or that is necessary or convenient to be prescribed for
carrying out or giving effect to this Act.
37 Nature of proceedings for offences
Proceedings for an offence under this Act or the by-laws may be dealt
with summarily before the Local Court.
38 Savings, transitional and other provisions
Schedule 1 has effect.
39 Amendment of other Acts and statutory instruments
The Acts and other statutory instruments specified in Schedule 2 are
amended as set out in that Schedule.
Page 19
Clause 40 Australian Jockey Club Bill 2008
Part 4 Miscellaneous
40 Review of Act
(1) The Minister is to review this Act to determine whether the policy
objectives of the Act remain valid and whether the terms of the Act
remain appropriate for securing those objectives.
(2) The review is to be undertaken as soon as possible after the period of
5 years from the date of assent to this Act.
(3) A report on the outcome of the review is to be tabled in each House of
Parliament within 12 months after the end of the period of 5 years.
Page 20
Australian Jockey Club Bill 2008
Savings, transitional and other provisions Schedule 1
Schedule 1 Savings, transitional and other
provisions
(Section 38)
Part 1 General
1 Regulations
(1) The regulations may contain provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) Any such provision may, if the regulations so provide, take effect from
the date of assent to the Act concerned or a later date.
(3) To the extent to which any such provision takes effect from a date that
is earlier than the date of its publication in the Gazette, the provision
does not operate so as:
(a) to affect, in a manner prejudicial to any person (other than the
State or an authority of the State), the rights of that person
existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an
authority of the State) in respect of anything done or omitted to
be done before the date of its publication.
Part 2 Provision consequent on enactment of this Act
2 Existing by-laws taken to be by-laws made under this Act
Any by-law made under section 12 of the Australian Jockey Club Act
1873 that is in force immediately before the commencement day is
taken to have been made under section 12 of this Act, and may be
amended and repealed accordingly.
Page 21
Australian Jockey Club Bill 2008
Schedule 2 Amendment of other Acts and statutory instruments
Schedule 2 Amendment of other Acts and statutory
instruments
(Section 39)
2.1 Australian Jockey Club (Randwick Racecourse) By-law
[1] Clause 1 Name of By-law
Insert "1981" after "By-law" where secondly occurring.
[2] Clause 3 Definitions
Insert in alphabetical order:
AJC and AJC Limited are defined in the Act.
Club means AJC Limited.
club rules is defined in the Act.
[3] Clause 3, definition of "Curator"
Omit "the Committee" wherever occurring. Insert instead "AJC Limited".
[4] Clause 3, definition of "member"
Omit the definition. Insert instead:
member, in relation to the Club, means a person who is a member
of the Club, as determined from time to time by its club rules, and
includes any person who is a member of the AJC as determined
from time to time under its club rules.
[5] Clause 3, definition of "Racecourse"
Omit the definition. Insert instead:
Racecourse has the same meaning as Randwick Racecourse has
in the Act.
[6] Clause 3, definition of "the Act"
Omit "1873". Insert instead "2008".
[7] Clause 5 Rates, tolls and charges
Omit "For the purposes of sections 12 and 23 of the Act, the following rates,
tolls and charges are prescribed:" from clause 5 (1).
Insert instead "The following rates, tolls and charges are prescribed in relation
to admission to the Racecourse:".
Page 22
Australian Jockey Club Bill 2008
Amendment of other Acts and statutory instruments Schedule 2
[8] Clauses 5 (2) and 13 (2)
Omit "The Committee" wherever occurring. Insert instead "AJC Limited".
[9] Clauses 6, 7 (1), 8 (1) and (3), 9, 11 (a) and (f), 13 (1) (a), (b) and (f)
and 14 (1)
Omit "the Committee" wherever occurring. Insert instead "AJC Limited".
[10] Clause 6 (c)
Omit "Rules of Racing of the Australian Jockey Club".
Insert instead "Rules of Racing (within the meaning of the Thoroughbred
Racing Act 1996)".
[11] Clause 6 (d)
Omit "the Club". Insert instead "the AJC or AJC Limited".
[12] Clause 10 Entry to judge's box etc
Omit "a member of the Committee" and "authorised in that behalf by the
Committee" wherever occurring.
Insert instead "a director or the Secretary/General Manager of the Club" and
"authorised for that purpose by the Club", respectively.
[13] Clause 11 Offences
Omit "vested in and held under the Act by the chairman" from clause 11 (h).
Insert instead "of AJC Limited".
[14] Clause 15
Omit the clause. Insert instead:
15 Penalty
The penalty for an offence against this By-law is 1 penalty unit.
[15] Clause 16 Savings and transitional provisions
Insert at the end of the clause:
(2) Any act, matter or thing done by the Committee of the AJC that,
immediately before the commencement of the amendments to
this By-Law made by the Australian Jockey Club Act 2008, had
effect under (or for the purposes of) a provision of this By-Law
continues to have effect under (or for the purposes of) that
provision as if it had been done by AJC Limited.
Page 23
Australian Jockey Club Bill 2008
Schedule 2 Amendment of other Acts and statutory instruments
[16] Schedule 1 Savings and transitional provisions
Insert "of the AJC" after "the Committee" wherever occurring in clause 2.
2.2 Registered Clubs Act 1976 No 31
Section 30 Rules of registered clubs
Insert "Limited (ACN 130 406 852)" after "Australian Jockey Club" in
section 30 (6) (a).
2.3 Subordinate Legislation Act 1989 No 146
Schedule 4 Excluded instruments
Omit "1873" from item 6. Inserted instead "2008".
2.4 Thoroughbred Racing Act 1996 No 37
[1] Section 3 Definitions
Omit the definition of AJC from section 3 (1). Insert instead:
AJC means Australian Jockey Club Limited (ACN 130 406 852).
[2] Section 13 Functions of Racing NSW
Insert after section 13 (3) (before the note):
(4) In this section:
AJC means the club known as the Australian Jockey Club as
referred to in the Australian Jockey Club Act 1873 on the
commencement of this section.
[3] Schedule 1 Savings and transitional provisions
Insert in clause 1 in alphabetical order:
AJC means the club known as the Australian Jockey Club as
referred to in the Australian Jockey Club Act 1873.
Page 24
Australian Jockey Club Bill 2008
Amendment of other Acts and statutory instruments Schedule 2
[4] Schedule 1
Insert at the end of the Schedule (with appropriate Part and clause numbers):
Part Provision consequent on enactment of
Australian Jockey Club Act 2008
Amendments made by Australian Jockey Club Act 2008
The amendments made to this Act by the Australian Jockey Club
Act 2008 do not affect the nomination of a person by the
Australian Jockey Club (as referred to in the Australian Jockey
Club Act 1873) for the purposes of any provision of this Act and
any such nomination continues to have effect despite those
amendments.
2.5 Totalizator Act 1997 No 45
Section 6B Major racing bodies
Insert "Limited (ACN 130 406 852)" after "Australian Jockey Club" in
section 6B (1) (a).
2.6 Water Savings Order 2005
Schedule 1 Designated water users--businesses
Insert "Limited (ACN 130 406 852)" after "Australian Jockey Club".
2.7 World Youth Day Act 2006 No 106
[1] Section 3 Definitions
Omit the definition of AJC from section 3 (1). Insert instead:
AJC means the club known as the Australian Jockey Club as
referred to in the Australian Jockey Club Act 1873, and includes
AJC Limited on and from the commencement of the Australian
Jockey Club Act 2008.
AJC Limited has the same meaning as in the Australian Jockey
Club Act 2008.
[2] Section 3 (3) and (4)
Insert after section 3 (2):
(3) On and from the commencement of the Australian Jockey Club
Act 2008, the following provisions apply (except in relation to the
provisions of this section and section 44G (3) and (4)):
Page 25
Australian Jockey Club Bill 2008
Schedule 2 Amendment of other Acts and statutory instruments
(a) a reference in this Act or the regulations to the Committee
of the AJC is to be read as including a reference to the
directors of AJC Limited,
(b) a reference in this Act or the regulations to a member of the
Committee of the AJC is to be read as including a
reference to a director or the secretary of AJC Limited,
(c) a reference in this Act or the regulations to the AJC
Constitutional Rules is to be read as including a reference
to the constitution of AJC Limited,
(d) a reference in this Act or the regulations to the Australian
Jockey Club Act 1873 is to be read as including a reference
to the Australian Jockey Club Act 2008.
Note. The Australian Jockey Club Act 2008 provided for the employees,
assets, rights, liabilities and regulatory authorisations of the AJC to
become those of AJC Limited on and from the day on which that Act
commenced. However, the Act did not otherwise operate to dissolve the
AJC.
(4) The provisions of subsection (3) extend to references in any
regulations (including regulations for the purposes of
section 44C) that were made before the commencement of that
subsection.
[3] Schedule 1 Savings, transitional and other provisions
Insert before clause 1:
Part 1 General
[4] Schedule 1, Part 2
Insert at the end of the Schedule:
Part 2 Provision consequent on enactment of
Australian Jockey Club Act 2008
2 Existing directions bind AJC Limited
Any direction in force under section 44C immediately before the
commencement of the Australian Jockey Club Act 2008 that was
given to the AJC or the AJC Committee binds AJC Limited and
its directors and other officers as if it had been given to AJC
Limited and its directors and other officers.
Page 26
Australian Jockey Club Bill 2008
Amendment of other Acts and statutory instruments Schedule 2
2.8 World Youth Day Regulation 2008
Clause 3 Prescribed persons and bodies for purposes of directions
under section 44C of Act
Insert at the end of the clause:
Note. Section 3 (3) and (4) of the Act operate to update references in this
clause to the AJC, the Committee of the AJC and any member of the
Committee to include references to AJC Limited, the directors of AJC
Limited and any director or the secretary of AJC Limited, respectively.
Page 27
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