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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Greyhound Racing Bill 2002
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Notes 3
5 Determination of appropriate body to carry out functions 3
Part 2 Greyhound Racing NSW and Greyhound Racing
Authority
Division 1 Greyhound Racing New South Wales
6 Constitution of Greyhound Racing New South Wales 4
7 GRNSW independent of Government 4
8 Membership of GRNSW 4
9 Functions of GRNSW 6
10 Chief executive officer of GRNSW 6
11 Staff of GRNSW 6
12 Annual report of GRNSW 7
Greyhound Racing Bill 2002
Contents
Page
Division 2 Greyhound Racing Authority
13 Constitution of Greyhound Racing Authority 7
14 Membership of Authority 8
15 Chairperson and deputy chairperson 8
16 Functions of Authority 9
17 Chief executive officer of Authority 9
18 Staff of Authority 9
Part 3 Control and regulation of greyhound racing
Division 1 Registration
19 Registration of clubs and trial tracks 10
20 Suspension or cancellation of registration of clubs and trial
tracks on commercial grounds 10
21 Registration of owners, trainers, bookmakers, associated
persons and greyhounds 11
22 Registration of bookmakers 11
23 Disciplinary and occupational health and safety action may
be taken by Authority 14
24 Offence for greyhound trial tracks not to be registered 15
Division 2 Rules
25 Authority may make rules 16
Part 4 Appeals and disciplinary inquiries
Division 1 Rights and procedures concerning appeals
and inquiries
26 Definitions 18
27 Appeals 18
28 Proceedings on appeal and disciplinary inquiries 18
29 Special inquiry following appeal to Tribunal 19
30 Regulations concerning appeals 19
Division 2 Greyhound Racing Appeals Tribunal
31 Definitions 20
32 Greyhound Racing Appeals Tribunal 20
33 Appointment of Tribunal 20
Contents page 2
Greyhound Racing Bill 2002
Contents
Page
34 Appointment of acting Tribunal 20
35 Appointment of assessors 21
36 Functions of assessors 21
37 Provisions relating to Tribunal 21
Part 5 Greyhound Racing Industry Participants Advisory
Committee
38 Establishment of Advisory Committee 22
39 Membership 22
40 Certain persons not eligible for membership 22
41 Functions of Advisory Committee 23
Part 6 Administration
42 Records 24
43 Meetings of GRNSW and Authority 24
Part 7 Finance
44 Financial year 25
45 Expenses 25
46 Accounts 25
47 Fees and charges 25
48 Approval required for certain loans by GRNSW 26
49 Funding of Authority 26
Part 8 Miscellaneous
50 Reports and recommendations by Authority 28
51 Production of club records to GRNSW and Authority 28
52 Secrecy 29
53 Delegation 30
54 Protection from personal liability 31
55 Authentication of certain documents 31
56 Proof of certain matters not required 32
57 Recovery of money 32
58 Proceedings for offences 32
59 Regulations 32
60 Repeal of Greyhound Racing Authority Act 1985 No 119 33
61 Amendment of other Acts 33
62 Savings, transitional and other provisions 33
63 Review of Act 33
Contents page 3
Greyhound Racing Bill 2002
Contents
Page
Schedules
1 Provisions relating to GRNSW 34
2 Provisions relating to Authority 41
3 Provisions relating to Tribunal 47
4 Provisions relating to Advisory Committee 49
5 Amendment of other Acts 53
6 Savings, transitional and other provisions 59
Contents page 4
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, , 2002
New South Wales
Greyhound Racing Bill 2002
Act No , 2002
An Act to repeal the Greyhound Racing Authority Act 1985; to constitute
Greyhound Racing New South Wales and the Greyhound Racing Authority; to
make provision with respect to the control and regulation of greyhound racing; to
amend various Acts consequentially; 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.
Chairman of Committees of the Legislative Assembly.
Clause 1 Greyhound Racing Bill 2002
Part 1 Preliminary
The Legislature of New South Wales enacts:
Part 1 Preliminary
1 Name of Act
This Act is the Greyhound Racing Act 2002.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Definitions
(1) In this Act:
Advisory Committee means the Greyhound Racing Industry
Participants Advisory Committee established under Part 5.
exercise a function includes perform a duty.
greyhound racing means racing between greyhounds in competitive
pursuit of an artificial lure, and includes:
(a) a greyhound trial or training race, and
(b) racing in a test of speed of a greyhound or of greyhounds
competing separately.
greyhound racing club means a non-proprietary association holding
a racecourse licence under the Racing Administration Act 1998, and
includes an association of greyhound racing clubs.
greyhound trial track means land (not being a racecourse licensed
under the Racing Administration Act 1998 for meetings for greyhound
racing) that is held out by any person having the management or
control of the land, whether as owner, lessee, occupier or otherwise, as
being available for the purpose of enabling greyhounds, other than
those owned by, or leased to, that person, to compete in trials or be
trained in racing.
function includes a power, authority or duty.
GRNSW means Greyhound Racing New South Wales constituted by
section 6.
rule means a rule made under this Act.
Page 2
Greyhound Racing Bill 2002 Clause 3
Preliminary Part 1
the Authority means the Greyhound Racing Authority constituted by
section 13.
Tribunal means the Greyhound Racing Appeals Tribunal established
by section 32.
(2) A reference in this Act to a person associated with greyhound racing
is a reference to the following:
(a) a person who handles greyhounds at a greyhound race or trial,
(b) a bookmaker's clerk,
(c) a greyhound breeder,
(d) a person who manages or controls a greyhound trial track,
(e) a person who is an officer or employee of a greyhound racing
club or is otherwise concerned in the management or control of
any such club,
(f) any other person prescribed by the regulations for the purposes
of this subsection.
4 Notes
Notes in the text of this Act do not form part of this Act.
5 Determination of appropriate body to carry out functions
(1) The Minister may, by order in writing, determine whether GRNSW or
the Authority is to be the appropriate body to carry out a function
under this Act in relation to the greyhound racing industry.
(2) Subsection (1) does not apply to a function that a provision of this Act
provides is to be carried out by GRNSW or the Authority.
(3) However, if a dispute arises as to whether a function is to be exercised
under this Act by GRNSW or the Authority, the Minister may resolve
the dispute.
(4) The Minister's determination is final and conclusive of the matter.
Page 3
Clause 6 Greyhound Racing Bill 2002
Part 2 Greyhound Racing NSW and Greyhound Racing Authority
Division 1 Greyhound Racing New South Wales
Part 2 Greyhound Racing NSW and Greyhound Racing
Authority
Division 1 Greyhound Racing New South Wales
6 Constitution of Greyhound Racing New South Wales
(1) There is constituted by this Act a body corporate with the corporate
name of Greyhound Racing New South Wales.
(2) GRNSW may use another name approved by the Minister by order
published in the Gazette.
(3) Without limiting subsection (2), GRNSW may use that other name
when entering into any agreement or in relation to any other dealings
of GRNSW.
(4) Schedule 1 has effect with respect to GRNSW.
7 GRNSW independent of Government
GRNSW or any of its subsidiaries:
(a) does not represent the Crown and is not subject to direction or
control by or on behalf of the Government, and
(b) cannot render the State liable for any debts, liabilities or other
obligations of GRNSW or its subsidiaries,
unless this or any other Act otherwise expressly provides.
8 Membership of GRNSW
(1) GRNSW consists of the following members:
(a) one person nominated by The New South Wales Greyhound
Breeders Owners and Trainers' Association Ltd,
(b) one person nominated by the New South Wales National
Coursing Association Limited,
(c) two persons nominated by greyhound racing clubs (other than
those referred to in paragraphs (a) and (b)), with one of those
nominees being nominated as a representative of TAB clubs
and the other being nominated as a representative of country
racing,
Page 4
Greyhound Racing Bill 2002 Clause 8
Greyhound Racing NSW and Greyhound Racing Authority Part 2
Greyhound Racing New South Wales Division 1
(d) one person nominated by participants in the greyhound racing
industry (being owners, trainers, bookmakers or other persons
involved with greyhound racing),
(e) one person selected by the nominated members of GRNSW,
who is to be the Chairperson.
(2) GRNSW may decide to appoint the same person to both the position
of Chairperson and the position of Chief Executive Officer.
(3) The nominated members of GRNSW are to select, by majority vote,
the Chairperson from among candidates identified by a recruitment
agency or recruitment agencies as having suitable expertise to hold the
office of Chairperson and, if the successful candidate is to be
appointed to the position of Chief Executive Officer, as having suitable
expertise to fill that office also.
(4) GRNSW must commission at least one recruitment agency to identify
candidates from whom the selection is to be made.
(5) The Minister is to determine, by order published in the Gazette, the
manner in which, and the criteria on which, persons are to be
nominated for the purposes of subsection (1), including the time at
which such a nomination is taken to have effect.
(6) The following persons are not eligible to be nominated under
subsection (1) (d) as a member of GRNSW:
(a) a person who is, or has been at any time in the year
immediately preceding the time of nomination, a member of the
committee of a greyhound racing club,
(b) an employee of a greyhound racing club.
(7) The following persons are not eligible to be selected as Chairperson of
GRNSW:
(a) a person who is, or has been at any time in the year
immediately preceding the time of selection, a member of the
committee of a greyhound racing club,
(b) a member or employee of a greyhound racing club.
(8) For the purposes of this section, a TAB club is a greyhound racing club
on a majority of whose race meetings TAB Limited conducts an off-
course totalizator (within the meaning of the Totalizator Act 1997).
Page 5
Clause 9 Greyhound Racing Bill 2002
Part 2 Greyhound Racing NSW and Greyhound Racing Authority
Division 1 Greyhound Racing New South Wales
9 Functions of GRNSW
(1) GRNSW has the functions conferred or imposed on it by or under this
or any other Act or law.
(2) Without limiting subsection (1), the functions of GRNSW include the
following:
(a) to register greyhound racing clubs and greyhound trial tracks,
(b) to initiate, develop and implement policies considered
conducive to the promotion, strategic development and welfare
of the greyhound racing industry in the State,
(c) to distribute money received as a result of commercial
arrangements required by the Totalizator Act 1997,
(d) to allocate the dates on which greyhound races may be
conducted,
(e) to develop and review policy in relation to the breeding and
grading of greyhounds.
(3) GRNSW may affiliate with such organisations, whether in or out of
New South Wales, as GRNSW considers appropriate.
(4) Nothing in this Act confers on GRNSW power to conduct meetings for
greyhound racing on its own behalf.
10 Chief executive officer of GRNSW
(1) Subject to section 8 (2) and (3), GRNSW may employ a chief
executive officer of GRNSW.
(2) The chief executive officer is responsible for the day-to-day
management of GRNSW.
(3) The Public Sector Management Act 1988 does not apply to or in
respect of the chief executive officer.
11 Staff of GRNSW
(1) GRNSW may employ such other staff as it requires to exercise its
functions.
(2) GRNSW may fix the salary, wages and other conditions of staff
employed under subsection (1) (including the chief executive officer
of GRNSW) in so far as they are not fixed by or under any other Act
or law.
Page 6
Greyhound Racing Bill 2002 Clause 11
Greyhound Racing NSW and Greyhound Racing Authority Part 2
Greyhound Racing New South Wales Division 1
(3) The Public Sector Management Act 1988 does not apply to or in
respect of staff employed under subsection (1).
(4) GRNSW may arrange for the use of the services of any staff (by
secondment or otherwise) or facilities of the Authority.
(5) For the purposes of this Act, a person whose services are made use of
under subsection (4) is taken to be a member of staff of GRNSW.
(6) GRNSW may engage consultants for the purposes of getting expert
advice.
12 Annual report of GRNSW
(1) GRNSW must, as soon as practicable after 30 June and in any case
before 1 November in each year prepare and forward to the Minister
a report of its work and activities for the 12 months ending on that
30 June.
(2) The report must include copies of the financial statements of GRNSW
for the 12-month period to which the report relates together with an
auditor's report on those statements prepared by an independent
auditor.
(3) The Minister is to table the report or cause it to be tabled in both
Houses of Parliament as soon as practicable after the report is
forwarded to the Minister.
(4) GRNSW is to make copies of the report available to the public at a
reasonable price.
Division 2 Greyhound Racing Authority
13 Constitution of Greyhound Racing Authority
(1) There is constituted by this Act a body corporate with the corporate
name of the Greyhound Racing Authority.
(2) The Authority is subject to the direction and control of the Minister
except in relation to the following matters:
(a) the contents of a report or recommendation made by it to the
Minister,
(b) the decision on any appeal or other disciplinary proceedings.
Page 7
Clause 13 Greyhound Racing Bill 2002
Part 2 Greyhound Racing NSW and Greyhound Racing Authority
Division 2 Greyhound Racing Authority
(3) The Authority is, for the purposes of any Act, a statutory body
representing the Crown.
(4) Schedule 2 has effect with respect to the Authority.
14 Membership of Authority
(1) The Authority is to consist of three members appointed by the
Governor, on the recommendation of the Minister.
(2) The Minister must ensure that at least one of the persons recommended
for appointment as a member has, in the opinion of the Minister,
suitable legal qualifications and at least two of the persons so
recommended have, in the opinion of the Minister, one or more of the
following qualifications:
(a) experience in management or administration,
(b) experience in enforcement or policing of regulatory schemes,
(c) veterinary qualifications,
(d) knowledge of the racing or wagering industries.
(3) The following persons are not eligible to be appointed as members of
the Authority:
(a) a person who is, or has been at any time in the year
immediately preceding the time of appointment, a member of
the committee of a greyhound racing club,
(b) a member or employee of a greyhound racing club,
(c) a person licensed or registered under this Act, the Harness
Racing New South Wales Act 1977 or the Thoroughbred
Racing Board Act 1996,
(d) a person with a financial interest in an animal intended for
racing under this Act.
15 Chairperson and deputy chairperson
(1) The Governor is to appoint one of the members of the Authority as
chairperson of the Authority by the instrument appointing the person
as member or by a subsequent instrument executed by the Governor.
(2) The Governor is to appoint one of the members of the Authority as the
deputy chairperson of the Authority by the instrument appointing the
person as member or by a subsequent instrument executed by the
Governor.
Page 8
Greyhound Racing Bill 2002 Clause 16
Greyhound Racing NSW and Greyhound Racing Authority Part 2
Greyhound Racing Authority Division 2
16 Functions of Authority
(1) The Authority has the functions conferred or imposed on it by or under
this or any other Act or law.
(2) The Authority may affiliate with such organisations, whether in or out
of New South Wales, as the Authority considers appropriate.
(3) Nothing in this Act confers on the Authority power to conduct
meetings for greyhound racing on its own behalf.
17 Chief executive officer of Authority
(1) The Authority may, in consultation with the Minister, employ a chief
executive officer of the Authority.
(2) The chief executive officer is responsible for the day-to-day
management of the Authority.
18 Staff of Authority
(1) The Authority may employ such other staff as it requires to exercise its
functions.
(2) The Authority may fix the salary, wages and other conditions of staff
employed under subsection (1) (including the chief executive officer
of the Authority) in so far as they are not fixed by or under any other
Act or law.
(3) Part 2 of the Public Sector Management Act 1988 does not apply to or
in respect of staff employed under subsection (1) (including the chief
executive officer of the Authority).
(4) The Authority may arrange for the use of the services of any staff (by
secondment or otherwise) or facilities of GRNSW.
(5) For the purposes of this Act, a person whose services are made use of
under subsection (4) is taken to be a member of staff of the Authority.
(6) The Authority may engage consultants for the purposes of getting
expert advice.
Page 9
Clause 19 Greyhound Racing Bill 2002
Part 3 Control and regulation of greyhound racing
Division 1 Registration
Part 3 Control and regulation of greyhound racing
Division 1 Registration
19 Registration of clubs and trial tracks
(1) GRNSW may, in accordance with the rules, register or refuse to
register:
(a) any greyhound racing club, or
(b) any greyhound trial track.
(2) GRNSW must not refuse to register a greyhound racing club or a
greyhound trial track under this section unless it is of the opinion that:
(a) the racing club or trial track is not, or will not be, financially
viable in relation to participation in the greyhound racing
industry, or
(b) it would be in the best interests of the greyhound racing
industry to do so.
(3) GRNSW may not refuse any registration under this section for the
purpose of taking disciplinary action.
(4) Despite subsection (1), GRNSW may not register a greyhound racing
club or greyhound trial track the registration of which has previously
been cancelled under section 23 unless the Authority has given
approval in writing to the registration.
20 Suspension or cancellation of registration of clubs and trial tracks on
commercial grounds
(1) GRNSW may, in accordance with the rules, suspend or cancel the
registration of:
(a) any greyhound racing club, or
(b) any greyhound trial track.
(2) GRNSW must not suspend or cancel any registration under this section
unless it is of the opinion that:
(a) the racing club or trial track is not, or will not be, financially
viable in relation to participation in the greyhound racing
industry, or
Page 10
Greyhound Racing Bill 2002 Clause 20
Control and regulation of greyhound racing Part 3
Registration Division 1
(b) it would be in the best interests of the greyhound racing
industry to do so.
(3) GRNSW may not suspend or cancel any registration under this section
for the purpose of taking disciplinary action or for the purposes of
occupational health and safety.
21 Registration of owners, trainers, bookmakers, associated persons and
greyhounds
(1) The Authority may, in accordance with the rules, register or refuse to
register:
(a) any greyhound, or
(b) any owner, trainer or bookmaker or other person associated
with greyhound racing.
(2) The Authority must not refuse to register any greyhound, or any owner,
trainer, bookmaker or other person associated with greyhound racing,
unless it is of the opinion that it would be in the best interests of the
greyhound racing industry to do so.
22 Registration of bookmakers
(1) An application for registration as a bookmaker may be made:
(a) by a natural person of or over the age of 18 years, or
(b) by a proprietary company.
(2) Despite section 21 (2), the Authority must refuse to grant an
application for registration of a proprietary company as a bookmaker
unless satisfied that the company is an eligible company.
(3) For the purposes of this section, an eligible company means a
proprietary company that is taken to be registered in New South Wales
for the purposes of the Corporations Act 2001 of the Commonwealth
and in which:
(a) each director, shareholder and person concerned in the
management of the company is of or over the age of 18 years,
and
(b) each director is registered as an individual as a bookmaker
under this Act, and
(c) each director is a shareholder and person concerned in the
management of the company, and
Page 11
Clause 22 Greyhound Racing Bill 2002
Part 3 Control and regulation of greyhound racing
Division 1 Registration
(d) each shareholder who is not a director is a close family member
of a director, and
(e) each shareholder or person concerned in the management of the
company who is not a director is, in the opinion of the
Authority, a fit and proper person to be registered as an
individual as a bookmaker under this Act, and
(f) subject to the regulations, no person (other than a shareholder)
has any interest in the shares or assets of the company.
(4) It is a condition of a company's registration as a bookmaker that:
(a) the company continues to be an eligible company, and
(b) no shareholder or person concerned in the management of the
company, other than a director, is registered as an individual as
a bookmaker under this Act, and
(c) no director, shareholder or person concerned in the
management of the company:
(i) carries on the business of a bookmaker, otherwise than
on behalf of the company, in relation to any greyhound,
horse or harness race, at a meeting for greyhound racing
in New South Wales, or
(ii) carries on the business of an authorised sports betting
bookmaker, otherwise than on behalf of the company,
at a racecourse licensed for greyhound racing, or
(iii) is a director, shareholder or person concerned in the
management of, or is an employee or agent of, any other
company that is registered as a bookmaker under this
Act, or
(iv) has a financial interest in any business of a bookmaker
that is carried on by any such other company under the
authority of its registration under this Act, and
(d) no director, shareholder or person concerned in the
management of the company:
(i) is registered or otherwise authorised as an individual to
carry on, or carries on, the business of a bookmaker,
bookmaker's clerk or turf commission agent, or a
totalizator business, in another Australian State or
Territory, or
Page 12
Greyhound Racing Bill 2002 Clause 22
Control and regulation of greyhound racing Part 3
Registration Division 1
(ii) is a director, shareholder or person concerned in the
management of a corporation, or is a member of a
partnership, that is registered or otherwise authorised to
carry on, or that carries on, any such business in another
Australian State or Territory, or
(iii) is an employee or agent of any individual, partnership or
corporation referred to in the preceding subparagraphs,
or
(iv) has a financial interest in the business of a bookmaker
or turf commission agent, or a totalizator business, that
is authorised to be carried on or is carried on in another
Australian State or Territory, and
(e) no director, shareholder or person concerned in the
management of the company:
(i) is registered or otherwise authorised as an individual to
carry on, or carries on, the business of a bookmaker,
bookmaker's clerk or turf commission agent, or a
totalizator business, or any other kind of betting,
wagering, gambling or gaming business, in another
country, or
(ii) is a director, shareholder or person concerned in the
management of a corporation, or is a member of a
partnership, that is registered or otherwise authorised to
carry on, or that carries on, any such business in another
country, or
(iii) is an employee or agent of any individual, partnership or
corporation referred to in the preceding subparagraphs,
or
(iv) has a financial interest in the business of a bookmaker
or turf commission agent, or a totalizator business, or
any other kind of betting, wagering, gambling or gaming
business, that is authorised to be carried on or is carried
on in another country.
(5) In subsection (4) (c), (d) and (e), a reference to carrying on the
business of a bookmaker, or the business of a bookmaker's clerk or
turf commission agent, includes a reference to acting as a bookmaker,
or a bookmaker's clerk or turf commission agent.
(6) The condition set out in subsection (4) (d) does not extend to a person
who is a director of a company that is registered as a bookmaker under
this Act if:
Page 13
Clause 22 Greyhound Racing Bill 2002
Part 3 Control and regulation of greyhound racing
Division 1 Registration
(a) the person is the sole director of the company, and
(b) the relevant matters referred to in subsection (4) (d) (i), (ii), (iii)
or (iv) are disclosed in writing to the Authority at the time the
company applies for registration as a bookmaker under this Act
or, if they do not occur until after that time, within 2 working
days after they occur.
(7) The Authority may suspend or cancel the registration of a company as
a bookmaker if satisfied that any condition referred to in subsection (4)
is contravened in respect of the company. This does not limit the
powers of the Authority to suspend or cancel the registration of a
company as a bookmaker under section 23.
(8) Any debt that is incurred by a company in carrying on business as a
bookmaker registered under this Act is enforceable jointly and
severally against all persons who are directors of the company at the
time the debt is incurred (whether or not they are directors at the time
the debt is sought to be enforced).
(9) In this section:
authorised sports betting bookmaker has the same meaning as in
section 4 of the Racing Administration Act 1998.
close family member of a director means:
(a) a spouse, de facto partner, parent, child, brother or sister of the
director, or
(b) a person who has a relationship with the director that is
prescribed by the regulations for the purposes of this definition.
financial interest in a bookmaking business means an entitlement to
receive any of the income from the business.
meeting for greyhound racing has the same meaning as in section 4
of the Racing Administration Act 1998.
racecourse licensed for greyhound racing means a racecourse in
respect of which a licence for meetings for greyhound racing granted
under section 7 of the Racing Administration Act 1998 is in force.
23 Disciplinary and occupational health and safety action may be taken by
Authority
(1) The Authority may, in accordance with the rules, do any of the
following:
(a) cancel the registration of:
Page 14
Greyhound Racing Bill 2002 Clause 23
Control and regulation of greyhound racing Part 3
Registration Division 1
(i) any greyhound racing club, or
(ii) any greyhound trial track, or
(iii) any greyhound, or
(iv) any owner, trainer or bookmaker or other person
associated with greyhound racing,
(b) disqualify, either permanentlyor temporarily, any owner, trainer
or bookmaker or other person associated with greyhound
racing,
(c) disqualify any greyhound, either permanently or temporarily,
(d) prohibit any person from participating in or associating with
greyhound racing in any specified capacity,
(e) prohibit any greyhound from competing in any greyhound race
or trial,
(f) impose fines, not exceeding 20 penalty units, on any greyhound
racing club or on any owner, trainer or bookmaker or other
person associated with greyhound racing for breaches of the
rules,
(g) suspend, for such term as the Authority thinks fit, any right or
privilege conferred by this Act or the rules on any owner,
trainer or bookmaker or other person associated with greyhound
racing, and
(h) prohibit any person registered under the rules from taking part
in any meeting for greyhound racing held by any greyhound
racing club which is not registered under the rules.
(2) Any fine imposed under subsection (1) (f) is to be paid to and be the
property of the Authority.
(3) The Authority may only take action under this section for disciplinary
purposes or for the purposes of occupational health and safety.
24 Offence for greyhound trial tracks not to be registered
A person who as owner, lessee, occupier or otherwise has the
management or control of a greyhound trial track which is required to
be registered in accordance with the rules and is not so registered is
guilty of an offence and liable to a penalty not exceeding 4 penalty
units.
Page 15
Clause 25 Greyhound Racing Bill 2002
Part 3 Control and regulation of greyhound racing
Division 2 Rules
Division 2 Rules
25 Authority may make rules
(1) The Authority may make rules, not inconsistent with this Act, for or
with respect to the control and regulation of greyhound racing.
(2) Without limiting the generality of subsection (1), the Authority may
make rules for or with respect to the following:
(a) any of the matters referred to in section 19, 20, 21 or 23 (1),
(b) the effect of a disqualification of, or other penalty imposed on,
a person or greyhound under section 23,
(c) the allocation to greyhound racing clubs of dates on which they
may conduct greyhound racing meetings and greyhound races,
(d) the holding and conduct of meetings for greyhound racing and
of races or trials at any such meeting,
(e) the keeping of greyhounds which are in the care or custody of
persons registered under the rules,
(f) the breeding of greyhounds (including the registration or
recording of sires, services and litters),
(g) the naming and identification of greyhounds,
(h) the adoption by the Authority (with or without inquiry) of
penalties imposed by clubs or authorities conducting or
controlling greyhound racing, horse racing or harness racing,
whether in or out of New South Wales,
(i) the appointment of stewards by the Authority and the functions
of those stewards (including functions that do not relate to
meetings for greyhound racing),
(j) conferring on stewards appointed by the Authority the same
functions as are exercisable by the Authority under Division 1,
(k) the extent to which and the circumstances in which stewards
appointed by the Authority may exercise their functions to the
exclusion of stewards of greyhound racing clubs,
(l) prohibiting any or all of the following:
(i) betting or wagering at any place where a greyhound trial
or training race is held,
(ii) the award, in respect of any greyhound trial or training
race, of any money,
Page 16
Greyhound Racing Bill 2002 Clause 25
Control and regulation of greyhound racing Part 3
Rules Division 2
(iii) the making of a charge for the admission of persons (not
being persons in charge of greyhounds) to a greyhound
trial track,
(m) the registration of greyhound racing clubs and greyhound trial
tracks,
(n) the fees and charges referred to in section 47.
(3) A provision of a rule may:
(a) apply generally or be limited in its application by reference to
specified exceptions or factors, or
(b) apply differently according to different factors of a specified
kind, or
(c) authorise any matter or thing to be from time to time
determined, applied or regulated by any specified person or
body,
or may do any combination of those things.
(4) The following rules may be made only on the recommendation of
GRNSW:
(a) a rule for or with respect to any of the matters referred to in
section 19 or 20,
(b) a rule for or with respect to any of the matters referred to in
subsection (2) (c), (e) or (m),
(c) a rule for or with respect to any other matter prescribed by the
regulations for the purposes of this paragraph.
(5) A rule may not be made for or with respect to any of the matters for or
with respect to which regulations may be made by virtue of this Act
(section 59 (1) (b) excepted).
Page 17
Clause 26 Greyhound Racing Bill 2002
Part 4 Appeals and disciplinary inquiries
Division 1 Rights and procedures concerning appeals and inquiries
Part 4 Appeals and disciplinary inquiries
Division 1 Rights and procedures concerning appeals and
inquiries
26 Definitions
In this Part:
appeal means an appeal under this Part.
disciplinary inquiry means a special inquiry under section 29 or any
other inquiry by the Authority for the purpose of taking disciplinary
action.
27 Appeals
(1) A person who is aggrieved by a decision:
(a) of the stewards or the committee of a greyhound racing club, or
(b) of a steward appointed by the Authority,
may, in accordance with the regulations, appeal against the decision to
the Authority or the Tribunal as determined by the regulations.
(2) A person who is aggrieved by a decision of the Authority (other than
a decision in respect of an appeal under subsection (1)) may, in
accordance with the regulations, appeal against the decision to the
Tribunal.
(3) The decision of the Authority or the Tribunal on appeal under this
section is final and conclusive and is taken to be a decision of the
person or body whose decision is the subject of the appeal.
(4) Subsection (3) does not preclude the operation of section 29.
28 Proceedings on appeal and disciplinary inquiries
(1) Proceedings on an appeal to the Authority under section 27 are to be
held as in open court at a meeting of the Authority at which a quorum
is present.
(2) Proceedings on an appeal to the Tribunal under section 27 are to be
held as in open court before the Tribunal.
Page 18
Greyhound Racing Bill 2002 Clause 28
Appeals and disciplinary inquiries Part 4
Rights and procedures concerning appeals and inquiries Division 1
(3) Proceedings in respect of a disciplinary inquiry of the Authority may
be conducted in public or in private, or partly in public and partly in
private, as the Authority may decide.
(4) In conducting a disciplinary inquiry, the Authority may examine any
witness on oath or affirmation, or by use of a statutory declaration.
29 Special inquiry following appeal to Tribunal
(1) The Authority may hold a special inquiry into a matter that the
Tribunal has decided on an appeal under section 27 if:
(a) the Authority receives information that was not available as
evidence at the hearing of the appeal, and
(b) the Authority is satisfied that the information may have resulted
in a substantially different decision if it had been given in
evidence at the hearing of the appeal.
(2) The Authority may determine the manner in which a special inquiry is
to be held.
(3) After holding a special inquiry into a matter that has been decided on
an appeal, the Authority may:
(a) decide to take no further action, or
(b) make a decision that differs from the decision of the Tribunal,
in which case the different decision has effect as the decision of
the Tribunal instead of the Tribunal's decision.
(4) Section 27 (2) does not apply to a decision made under this section.
30 Regulations concerning appeals
(1) The regulations may make provision for or with respect to the
following:
(a) appeals to the Authority or Tribunal under this Act,
(b) special inquiries under section 29,
(c) the procedure at or in connection with appeals under this Act
and special inquiries under section 29,
(d) the suspension of a decision appealed against under this Act, or
the subject of a special inquiry under section 29, pending the
determination of the appeal or inquiry,
(e) the payment of fees and costs in respect of appeals under this
Act and special inquiries under section 29,
Page 19
Clause 30 Greyhound Racing Bill 2002
Part 4 Appeals and disciplinary inquiries
Division 1 Rights and procedures concerning appeals and inquiries
(f) any matters incidental to or connected with appeals under this
Act and special inquiries under section 29.
(2) Without affecting the generality of subsection (1), the regulations may:
(a) prescribe classes of matters in respect of which appeals may not
be made under this Act, or
(b) provide that no appeals may be made under this Act except in
respect of prescribed classes of matters.
Division 2 Greyhound Racing Appeals Tribunal
31 Definitions
In this Part:
assessor means a person appointed as an assessor of the Tribunal
under section 35.
court includes the Industrial Relations Commission of New South
Wales.
judge includes a judicial member of the Industrial Relations
Commission.
qualified person means a judge of any court in New South Wales, a
retired judge of any court (whether or not in New South Wales) or a
person qualified to be appointed as a Judge of the District Court.
32 Greyhound Racing Appeals Tribunal
For the purposes of this Act, there is established a Tribunal to be
known as the Greyhound Racing Appeals Tribunal.
33 Appointment of Tribunal
The Minister may, on the recommendation of the Attorney General,
appoint a qualified person as the Tribunal.
34 Appointment of acting Tribunal
(1) The Minister may from time to time, on the recommendation of the
Attorney General, appoint:
(a) a qualified person to act as the Tribunal:
(i) during the illness or absence of the person appointed as
the Tribunal, or
Page 20
Greyhound Racing Bill 2002 Clause 34
Appeals and disciplinary inquiries Part 4
Greyhound Racing Appeals Tribunal Division 2
(ii) during a vacancy in the office of the Tribunal, or
(iii) on such occasions or in respect of such appeals as the
person appointed as the Tribunal directs, and
(b) another qualified person to act as the Tribunal in accordance
with paragraph (a) but only during the illness or absence of the
person appointed to act as the Tribunal under paragraph (a).
(2) A qualified person is taken to be the Tribunal while acting as the
Tribunal.
(3) More than one sitting of the Tribunal may be held at the same time, but
the person appointed as the Tribunal and a person appointed to act as
the Tribunal must not sit on the same appeal.
35 Appointment of assessors
The Minister may, for the purposes of this Act, appoint persons the
Minister believes have special knowledge of, and experience in, the
racing industry to be assessors of the Tribunal.
36 Functions of assessors
(1) The Tribunal may, in hearing appeals under this Act, be assisted by
one or more assessors.
(2) An assessor assisting the Tribunal as referred to in subsection (1) may
assist and advise the Tribunal, but must not adjudicate on any matter
before the Tribunal.
37 Provisions relating to Tribunal
Schedule 3 has effect.
Page 21
Clause 38 Greyhound Racing Bill 2002
Part 5 Greyhound Racing Industry Participants Advisory Committee
Part 5 Greyhound Racing Industry Participants
Advisory Committee
38 Establishment of Advisory Committee
(1) There is established by this Act a committee called the Greyhound
Racing Industry Participants Advisory Committee.
(2) Schedule 4 has effect with respect to the members and procedure of
the Advisory Committee.
39 Membership
(1) The Advisory Committee is to consist of 5 members of which:
(a) 4 are to be nominated by relevant industry bodies to represent
each of the following categories of participants in the
greyhound racing industry:
(i) owners,
(ii) breeders,
(iii) licensed trainers,
(iv) licensed bookmakers and bookmakers' clerks, and
(b) one member is to be selected by the members referred to in
paragraph (a) to represent consumers of racing and betting
services.
(2) The Minister is to determine, by order published in the Gazette, the
relevant industry bodies that may nominate members under subsection
(1) (a) and the manner in which persons are to be nominated by those
bodies, including the time at which such a nomination is taken to have
effect.
40 Certain persons not eligible for membership
(1) A person is not eligible to be a member of the Advisory Committee if
the person:
(a) is currently disqualified, or is a person whose name is currently
on the list relating to disqualifications, suspensions, subjects of
inquiries and defaulters kept under the rules, or
(b) during the previous 10 years has been convicted in New South
Wales of an offence which is punishable by imprisonment for
12 months or more, or convicted elsewhere than in New South
Page 22
Greyhound Racing Bill 2002 Clause 40
Greyhound Racing Industry Participants Advisory Committee Part 5
Wales of an offence which, if committed in New South Wales,
would be an offence so punishable, or
(c) is an undischarged bankrupt or is taking advantage of the laws
in force for the time being relating to bankruptcy, or
(d) is a mentally incapacitated person.
(2) A person is not eligible to be a member of the Advisory Committee for
more than 4 consecutive terms of office, but there is no limit on the
number of non-consecutive terms for which a person can be a member.
A term of office is counted for the purposes of this subsection even if
the member did not serve out the full period of that term of office.
41 Functions of Advisory Committee
The Advisory Committee has the following functions:
(a) to provide advice to GRNSW and the Authority on industry
policy and strategic direction,
(b) to serve as a channel for communication between the industry
stakeholders that it represents and GRNSW and the Authority,
(c) to provide a forum for discussion of issues of concern and the
making of recommendations to GRNSW and the Authority,
(d) at the request of GRNSW or the Authority, to nominate
members to serve on committees or working groups established
by GRNSW or the Authority.
Page 23
Clause 42 Greyhound Racing Bill 2002
Part 6 Administration
Part 6 Administration
42 Records
(1) The Authority is to keep records for the purposes of this Act relating
to its own functions and the registration functions of GRNSW.
(2) GRNSW is to ensure that the relevant information is passed on to the
Authority to enable it to perform its record-keeping functions under
this section.
(3) The Authority is to allow GRNSW access to the records kept under
this section that relate to the registration functions of GRNSW.
43 Meetings of GRNSW and Authority
GRNSW and the Authority are to meet with each other at least twice
a year to co-ordinate the carrying out of their functions under this Act.
Page 24
Greyhound Racing Bill 2002 Clause 44
Finance Part 7
Part 7 Finance
44 Financial year
(1) Subject to subsections (2) and (3), the financial year of GRNSW and
the Authority is the year commencing on 1 July.
(2) A different financial year for GRNSW may be determined by the
Minister by order published in the Gazette.
(3) A different financial year for the Authority may be determined by the
Treasurer under section 4 (1A) of the Public Finance and Audit Act
1983.
45 Expenses
(1) GRNSW is liable for all expenses (including remuneration and
allowances payable to members of GRNSW, the chief executive
officer of GRNSW and the other staff of GRNSW) incurred by
GRNSW in the exercise of its functions.
(2) The Authority is liable for the following expenses:
(a) all expenses (including remuneration and allowances payable
to members of the Authority, the chief executive officer of the
Authority and the other staff of the Authority) incurred by the
Authority in the exercise of its functions,
(b) all expenses (including remuneration and allowances payable
under clause 3 of Schedule 3) incurred by the Tribunal in the
exercise of its functions under this Act.
46 Accounts
(1) GRNSW may establish such accounts as it thinks appropriate for the
money received and expended by GRNSW.
(2) The Authority may establish such accounts as it thinks appropriate for
the money received and expended by the Authority.
47 Fees and charges
(1) If a steward appointed by the Authority acts at a meeting for greyhound
racing held by a greyhound racing club, the Authority may charge the
club for the services of the steward.
Page 25
Clause 47 Greyhound Racing Bill 2002
Part 7 Finance
(2) GRNSW may determine the fees and charges payable for registration
or for the transaction of other business with GRNSW.
(3) The Authority may determine the fees and charges payable for
registration or for the transaction of other business with the Authority.
48 Approval required for certain loans by GRNSW
GRNSW must not borrow:
(a) an amount exceeding $1,000,000 (or exceeding such other
amount as is prescribed by the regulations), or
(b) amounts totalling in excess of a prescribed amount within a
prescribed period,
unless the Minister has approved of GRNSW doing so.
49 Funding of Authority
(1) The Authority is to submit a draft annual budget to the Minister before
the beginning of each of its financial years.
(2) After considering the draft annual budget of the Authority, the Minister
is to determine an amount, in writing, that is to be the total amount to
be allowed for the funding of the Authority for the financial year
concerned.
(3) Notice in writing of the amount determined under subsection (2) is to
be given to GRNSW.
(4) GRNSW is to provide annual funding to the Authority equal to the
amount determined under subsection (2).
(5) The amount is to be paid to the Authority in the manner and at the
times directed by the Minister.
(6) The amount is:
(a) to be provided from money to be distributed by GRNSW under
the intra-code agreement, and
(b) to be deducted from that money before it is distributed as
referred to in paragraph (a).
(7) Any amendment to the inter-code agreement that affects the way in
which money is distributed to the greyhound racing industry under that
agreement has no effect unless it is approved in writing by the
Authority.
Page 26
Greyhound Racing Bill 2002 Clause 49
Finance Part 7
(8) This section has effect despite any provision of the inter-code
agreement or the intra code agreement.
(9) As soon as practicable after GRNSW is constituted, GRNSW is to
meet with the other parties to the intra-code agreement (except the
Greyhound Racing Authority as constituted under the Greyhound
Racing Authority Act 1985) to determine the manner in which
GRNSW will be funded under that agreement.
(10) In this section, inter-code agreement means:
(a) the Racing Inter-Code Deed made on 27 February 1998
between the following:
(i) NSW Racing Pty Ltd,
(ii) NSW Thoroughbred Racing Board,
(iii) Harness Racing New South Wales,
(iv) the Greyhound Racing Authority (NSW), or
(b) any agreement with GRNSW for the purposes of making
commercial arrangements required by the Totalizator Act 1997
that replaces the agreement referred to in paragraph (a) (whether
or not the other parties to the agreement have changed).
(11) In this section, intra-code agreement means:
(a) the New South Wales Greyhound Racing Industry Intracode
Memorandum of Understanding made on 20 February 1998
between the former Authority, the NSW Greyhound Breeders,
Owners and Trainers' Association Limited, NSW National
Coursing Association Limited, NSW Greyhound Racing Clubs
Association and TAB Greyhound Racing Clubs (NSW), or
(b) any agreement with GRNSW for the purposes of making
commercial arrangements required by the Totalizator Act 1997
that replaces the agreement referred to in paragraph (a) (whether
or not the other parties to the agreement have changed).
Page 27
Clause 50 Greyhound Racing Bill 2002
Part 8 Miscellaneous
Part 8 Miscellaneous
50 Reports and recommendations by Authority
The Authority must, when so directed by the Minister, or may, of its
own motion, investigate and furnish to the Minister a report and
recommendation with respect to any matter relevant to greyhound
racing, including any matter with respect to which rules may be made.
51 Production of club records to GRNSW and Authority
(1) In this section:
records includes:
(a) documents, registers and other records of information, and
(b) invoices, receipts, orders for the payment of money, bills of
exchange, promissory notes, vouchers and other records of
transactions, and
(c) such working papers and other documents as are necessary to
explain the methods and calculations by which accounts are
made up,
however compiled, recorded or stored.
(2) GRNSW or the Authority may at any time, by notice in writing, give
a direction to:
(a) a greyhound racing club, or
(b) a person who is or has been an officer or employee of, or an
agent, banker, solicitor, auditor or other person acting in any
capacity for or on behalf of, a greyhound racing club (including
a greyhound racing club that is in the course of being wound up
or has been dissolved), or
(c) a person who manages or controls a greyhound trial track,
requiring the production, at such time and place as are specified in the
direction, of such records relating to the affairs of the greyhound racing
club or greyhound trial track as are so specified.
Page 28
Greyhound Racing Bill 2002 Clause 51
Miscellaneous Part 8
(3) Where any records relating to the affairs of a greyhound racing club or
greyhound trial track are compiled, recorded or stored by means of a
mechanical, electronic or other device, a direction under subsection (2)
may require the production of a document containing a clear
reproduction in writing of the whole or any part of those records.
(4) A person must not, when required under subsection (2) to produce a
record:
(a) refuse or neglect to produce the record, or
(b) produce a record that contains information that to the person's
knowledge is false or misleading in a material particular unless
the person discloses that fact when producing the record.
Maximum penalty: 5 penalty units.
(5) A reference in this section to the affairs of a greyhound racing club is
a reference to the affairs of the greyhound racing club that relate,
directly or indirectly, to greyhound racing.
52 Secrecy
(1) A person who:
(a) acquires information in the exercise of a function under this
Act, and
(b) directly or indirectly makes a record of the information or
divulges it to another person,
is guilty of an offence unless the information is recorded or divulged
in the exercise of functions under this Act.
Maximum penalty: 50 penalty units.
(2) Despite subsection (1), information may be divulged:
(a) to a particular person or persons, if the Minister certifies that it
is necessary in the public interest that the information be
divulged to the person or persons, or
(b) to a person who is expressly or impliedly authorised to obtain
it by the person to whom the information relates, or
(c) to the GRNSW, the Authority, Harness Racing New South
Wales or the NSW Thoroughbred Racing Board, or
(d) to the Director-General of the Department of Gaming and
Racing, or
Page 29
Clause 52 Greyhound Racing Bill 2002
Part 8 Miscellaneous
(e) to a person or authority prescribed by the regulations.
(3) It is not an offence under this section if, in legal proceedings, a person:
(a) divulges information in answer to a question that the person is
compellable to answer, or
(b) produces a document or other thing that the person is
compellable to produce.
(4) A body or person to whom information is divulged under this section,
and a person or employee under the control of that body or person, are,
in respect of that information, subject to the same rights, privileges and
duties under this section as they would be if that body, person or
employee were a person exercising functions under this Act and had
acquired the information in the exercise of those functions.
(5) This section does not apply to the divulging of information to any of
the following:
(a) the Independent Commission Against Corruption,
(b) the National Crime Authority,
(c) the New South Wales Crime Commission,
(d) the Ombudsman,
(e) the Police Integrity Commission,
(f) the Inspector of the Police Integrity Commission,
(g) any other person or body prescribed by the regulations for the
purposes of this subsection.
(6) This section does not prevent a person being given access to a
document in accordance with the Freedom of Information Act 1989.
(7) In this section, a reference to the divulging of information includes a
reference to the production of a document or other thing and the
provision of access to the document or other thing.
53 Delegation
(1) Subject to subsection (2), GRNSW may delegate the exercise of its
functions to:
(a) a member of GRNSW or the chief executive officer of
GRNSW, or
(b) a committee comprised of, or a combination of, those persons.
Page 30
Greyhound Racing Bill 2002 Clause 53
Miscellaneous Part 8
(2) GRNSW must not delegate a function relating to registration, or the
suspension or cancellation of registration, under this Act.
(3) Subject to subsection (4), the Authority may delegate the exercise of
its functions to:
(a) a member of the Authority or the chief executive officer of the
Authority, or
(b) a committee comprised of, or a combination of, those persons.
(4) The Authority must not delegate a function relating to the suspension
or cancellation of registration under this Act or the taking of any other
disciplinary action under this Act.
Note. The functions of the Authority under Division 1 of Part 3 may be conferred
on stewards appointed by the Authority by rules made under section 25 (2) (j).
54 Protection from personal liability
Anything done or omitted to be done by:
(a) GRNSW, the Authority or the Advisory Committee, or
(b) a member of GRNSW, the Authority or the Advisory
Committee, or
(c) the chief executive officer of GRNSW or the Authority, or
(d) any steward appointed by the Authority, or
(e) any person acting under the direction of GRNSW, the Authority
or the Advisory Committee,
does not subject the member, chief executive officer, steward or a
person so acting personally to any action, liability, claim or demand if
the thing was done or omitted to be done in good faith for the purposes
of executing this or any other Act.
55 Authentication of certain documents
(1) Any summons, process, demand, order, notice, statement, direction or
other document requiring authentication by GRNSW is sufficiently
authenticated without the seal of GRNSW if signed by the chairperson
of GRNSW, the chief executive officer of GRNSW or another member
of staff of GRNSW authorised to do so by the chief executive officer.
Page 31
Clause 55 Greyhound Racing Bill 2002
Part 8 Miscellaneous
(2) Any summons, process, demand, order, notice, statement, direction or
other document requiring authentication by the Authority is sufficiently
authenticated without the seal of the Authority if signed by the
chairperson of the Authority, the chief executive officer of the
Authority, or any other member of staff of the Authority authorised to
do so by the chief executive officer.
56 Proof of certain matters not required
In any legal proceedings, proof is not required (until evidence is given
to the contrary) of the following matters:
(a) the constitution of GRNSW or the Authority,
(b) any resolution of GRNSW or the Authority,
(c) the appointment of, or the holding of office by, any member of
GRNSW or the Authority,
(d) the presence of a quorum at any meeting of GRNSW or the
Authority.
57 Recovery of money
(1) Any charge, fee or other money due to GRNSW may be recovered by
GRNSW as a debt in a court of competent jurisdiction.
(2) Any charge, fee, fine (as referred to in section 23 (1) (f)) or other
money due to the Authority may be recovered by the Authority as a
debt in a court of competent jurisdiction.
58 Proceedings for offences
Proceedings for an offence against this Act or the regulations are to be
dealt with summarily before a Local Court.
59 Regulations
(1) The Governor may make regulations, not inconsistent with this Act, for
or with respect to:
(a) 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, and
(b) any matter for or with respect to which rules may be made.
(2) If there is any inconsistency between the regulations and the rules, the
regulations prevail.
Page 32
Greyhound Racing Bill 2002 Clause 59
Miscellaneous Part 8
(3) A regulation may create an offence punishable by a penalty not
exceeding 5 penalty units.
(4) A reference in Division 1 of Part 3 to the rules includes a reference to
regulations in so far as the regulations make provision for or with
respect to any of the matters mentioned in that Division.
60 Repeal of Greyhound Racing Authority Act 1985 No 119
(1) The Greyhound Racing Authority Act 1985 is repealed.
(2) Different days may be appointed for the repeal of different provisions
of the Greyhound Racing Authority Act 1985.
61 Amendment of other Acts
Each Act specified in Schedule 5 is amended as set out in that
Schedule.
62 Savings, transitional and other provisions
Schedule 6 has effect.
63 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 33
Greyhound Racing Bill 2002
Schedule 1 Provisions relating to GRNSW
Schedule 1 Provisions relating to GRNSW
(Section 6)
1 Definitions
In this Schedule:
Chairperson means the Chairperson of GRNSW.
member means a member of GRNSW.
nominated member means a member of GRNSW referred to in
section 8 (1) (a)(d).
2 Deputies of members
(1) A nominated member of GRNSW may from time to time appoint a
person to be the deputy of the member, and may at any time revoke
any such appointment.
(2) A person cannot be appointed as a deputy of a nominated member if
the person is not eligible to be a member of GRNSW.
(3) In the absence of a nominated member due to illness or other
reasonable cause, the member's deputy may, if available, act in the
place of the member and while so acting has all the functions of the
member and is taken to be the member.
(4) GRNSW may at any time revoke a person's appointment as deputy of
a nominated member.
3 Term of office of members
(1) The term of office of a member is, unless the member sooner ceases
to hold the office, 3 years, but the member is eligible (if otherwise
qualified) for re-nomination or re-selection to the position of member.
(2) The term of office of a member begins:
(a) in the case of a nominated member, on the date on which the
relevant nomination takes effect, and
(b) in the case of the Chairperson, on a date determined by
resolution of GRNSW.
Page 34
Greyhound Racing Bill 2002
Provisions relating to GRNSW Schedule 1
4 Remuneration
(1) A member of GRNSW is entitled to be paid:
(a) remuneration consisting of a base amount adjusted annually in
accordance with the annual percentage increase (if any) in the
Consumer Price Index, and
(b) allowances to reimburse the member for expenses that the
member may incur (for travel or accommodation, for example).
(2) In this clause:
base amount means an amount determined for the purposes of this
clause by the Statutory and Other Offices Remuneration Tribunal
(which determination, whenever made, is taken to be effective on the
commencement of this subclause).
Consumer Price Index means the number appearing in the Consumer
Price Index (All Groups Index) for Sydney issued by the Australian
Statistician.
5 Vacation of office
(1) The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-nominated or
re-selected, as the case may be, or
(c) resigns the office by instrument in writing addressed to
GRNSW, or
(d) is absent from 4 consecutive meetings of GRNSW of which
reasonable notice has been given to the member personally or
by post, except on leave granted by GRNSW or unless, before
the expiration of 4 weeks after the last of those meetings, the
member is excused by GRNSW for having been absent from
those meetings, or
(e) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration
for their benefit, or
(f) becomes a mentally incapacitated person, or
Page 35
Greyhound Racing Bill 2002
Schedule 1 Provisions relating to GRNSW
(g) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence so
punishable, or
(h) becomes a person who is not eligible to be a member, or
(i) is removed from office under subclause (2).
(2) The Governor may, on the recommendation of GRNSW, remove a
member from office for incapacity, incompetence or misbehaviour.
(3) A member does not vacate office merely because of the withdrawal of
his or her nomination by the body that nominated the member.
6 Member vacancies to be filled
(1) When the office of a nominated member becomes vacant, a person is
to be nominated to fill the vacancy in the same way as the person
whose office has become vacant was nominated.
(2) When the office of the Chairperson becomes vacant, a person is to be
selected to fill the vacancy in accordance with section 8 (3).
(3) A person nominated or selected to fill a casual vacancy under this
clause is to hold office for the balance of the term of office of the
person's predecessor or until the person sooner vacates the office. Such
a person is eligible for re-nomination or re-selection, as the case may
be, if otherwise qualified.
7 Presiding member
(1) The Chairperson or, in the absence of the Chairperson, another
member elected to chair the meeting by the members present is to
preside at a meeting of GRNSW.
(2) The person presiding at a meeting of GRNSW has a deliberative vote
and, in the event of an equality of votes, has a second or casting vote.
8 Voting
A decision supported by a majority of the votes cast at a meeting of
GRNSW at which a quorum is present is the decision of GRNSW.
Page 36
Greyhound Racing Bill 2002
Provisions relating to GRNSW Schedule 1
9 Transaction of business outside meetings or by telephone
(1) GRNSW may, if it thinks fit, transact any of its business by the
circulation of papers among all of its members, and a resolution in
writing approved in writing by a majority of the voting members is
taken to be a decision of GRNSW.
(2) GRNSW may, if it thinks fit, transact any of its business at a meeting
at which members (or some members) participate by telephone,
closed-circuit television or other means, but only if a member who
speaks on a matter at the meeting can be heard by the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each other member have the same voting rights as
they have at an ordinary meeting of GRNSW.
(4) A resolution approved under subclause (1) is to be recorded in the
minutes of the meetings of GRNSW.
(5) Papers may be circulated among members for the purposes of
subclause (1) by facsimile or other transmission of the information in
the papers concerned.
10 Disclosure of pecuniary interests by members
(1) If:
(a) a member has a pecuniary interest in a matter being considered
or about to be considered at a meeting of GRNSW or the
committee, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the interest at
a meeting of GRNSW or the committee.
(2) A disclosure by a member at a meeting of GRNSW that the member:
(a) is a member, or is in the employment, of a specified company
or other body, or
(b) is a partner, or is in the employment, of a specified person, or
Page 37
Greyhound Racing Bill 2002
Schedule 1 Provisions relating to GRNSW
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded
by GRNSW in a book kept for the purpose and that book must be open
at all reasonable hours to inspection by any person on payment of a
reasonable fee determined by GRNSW.
(4) After a member has disclosed the nature of an interest in any matter,
the member must not, unless GRNSW otherwise determines:
(a) be present during any deliberation of GRNSW with respect to
the matter, or
(b) take part in any decision of GRNSW with respect to the matter.
(5) For the purpose of the making of a determination by GRNSW under
subclause (4), a member who has a pecuniary interest in a matter to
which the disclosure relates must not:
(a) be present during any deliberation of GRNSW for the purpose
of making the determination, or
(b) take part in the making by GRNSW of the determination.
(6) A contravention of this clause does not invalidate any decision of
GRNSW.
11 Pecuniary interests required to be disclosed
(1) For the purposes of clause 10, a pecuniary interest is an interest that a
person has in a matter because of a reasonable likelihood or
expectation of appreciable financial gain or loss to the person or
another person with whom the person is associated as provided by
subclauses (3)(5).
(2) A person does not have a pecuniary interest in a matter if the interest
is so remote or insignificant that it could not reasonably be regarded as
likely to influence any decision the person might make in relation to
the matter.
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Greyhound Racing Bill 2002
Provisions relating to GRNSW Schedule 1
(3) For the purposes of clause 10, a person has a pecuniary interest in a
matter if the pecuniary interest is the interest of:
(a) the person, or
(b) another person with whom the person is associated as provided
by this clause.
(4) A person is taken to have a pecuniary interest in a matter if:
(a) the person's spouse or de facto partner or a relative of the
person, or a partner or employer of the person, has a pecuniary
interest in the matter, or
(b) the person, or a nominee, partner or employer of the person, is
a member of a company or other body that has a pecuniary
interest in the matter.
(5) However, a person is not taken to have a pecuniary interest in a matter
as referred to in subclause (4):
(a) if the person is unaware of the relevant pecuniary interest of the
spouse, de facto partner, relative, partner, employer or company
or other body, or
(b) just because the person is a member of, or is employed by, a
statutory body or is employed by the Crown, or
(c) just because the person is a member of a company or other
body that has a pecuniary interest in the matter, so long as the
person has no beneficial interest in any shares of the company
or body.
12 Duty of members to act in interests of public and industry
It is the duty of each member of GRNSW to act in the public interest
and in the interests of the greyhound racing industry as a whole. (For
example, in the case of a nominated member, this duty requires the
member to put the interest to which the duty relates before the interests
of the body that nominated the member.)
13 General procedure
The procedure for the calling of meetings of GRNSW and for the
conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by GRNSW.
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Greyhound Racing Bill 2002
Schedule 1 Provisions relating to GRNSW
14 Quorum
The quorum for a meeting of GRNSW is a majority of its members.
15 First meeting
The Minister may call the first meeting of GRNSW in such manner as
the Minister thinks fit.
16 Code of conduct
(1) GRNSW must adopt a code of conduct to be observed by members,
delegates and staff of GRNSW.
(2) GRNSW must review its code of conduct at least every 3 years and
make such changes to it as it considers appropriate.
17 Effect of certain other Acts
(1) The Public Sector Management Act 1988 does not apply to or in
respect of the appointment of a member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office,
or
(b) prohibiting the person from engaging in employment outside
the duties of that office,
the provision does not operate to disqualify the person from holding
that office and also the office of a member or from accepting and
retaining any remuneration payable to the person under this Act as a
member.
Page 40
Greyhound Racing Bill 2002
Provisions relating to Authority Schedule 2
Schedule 2 Provisions relating to Authority
(Section 13)
1 Definitions
In this Schedule:
Chairperson means the Chairperson of the Authority.
Deputy Chairperson means Deputy Chairperson of the Authority.
member means any member of the Authority.
2 Terms of office of members
Subject to this Schedule, a member holds office for such period (not
exceeding 3 years) as is specified in the member's instrument of
appointment, but is eligible (if otherwise qualified) for re-appointment.
3 Remuneration
A member is entitled to be paid such remuneration (including
travelling and subsistence allowances) as the Minister may from time
to time determine in respect of the member.
4 Deputies
(1) The Governor may, from time to time, appoint persons to be the
deputies of members, and the Governor may revoke any such
appointment.
(2) In the absence of a member, a deputy appointed under subclause (1)
may act in the place of the member.
(3) The Chairperson may determine which deputy appointed under
subclause (1) may act in the place of an absent member.
(4) While acting in the place of a member, a person:
(a) has all the functions of the member and is taken to be a
member, and
(b) is entitled to be paid such remuneration (including travelling
and subsistence allowances) as the Minister may from time to
time determine in respect of the person.
(5) For the purposes of this clause, a vacancy in the office of a member is
taken to be an absence of the member.
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Greyhound Racing Bill 2002
Schedule 2 Provisions relating to Authority
5 Vacancy in office of member
(1) The office of a member becomes vacant if the member:
(a) dies, or
(b) completes a term of office and is not re-appointed, or
(c) resigns the office by instrument in writing addressed to the
Minister, or
(d) is absent from 4 consecutive meetings of the Authority of
which reasonable notice has been given to the member
personally or by post, except on leave granted by the Minister
or unless the member is excused by the Minister for having
been absent from those meetings, or
(e) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration
for their benefit, or
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence so
punishable, or
(h) becomes a person who is not eligible to be a member, or
(i) is removed from office by the Minister under subclause (2).
(2) The Minister may at any time remove a member from office.
6 Filling of vacancy in office of member
If the office of any member becomes vacant, a person is, subject to this
Act, to be appointed to fill the vacancy.
7 Presiding member
(1) The Chairperson is to preside at a meeting of the Authority, or in the
absence of the Chairperson, the Deputy Chairperson.
(2) The person presiding at a meeting of the Authority has a deliberative
vote and, in the event of an equality of votes, has a second or casting
vote.
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Greyhound Racing Bill 2002
Provisions relating to Authority Schedule 2
8 Voting
A decision supported by a majority of the votes cast at a meeting of the
Authority at which a quorum is present is the decision of the Authority.
9 Transaction of business outside meetings or by telephone
(1) The Authority may, if it thinks fit, transact any of its business by the
circulation of papers among all the members of the Authority for the
time being, and a resolution in writing approved in writing by a
majority of those members is taken to be a decision of the Authority.
(2) The Authority may, if it thinks fit, transact any of its business at a
meeting at which members (or some members) participate by
telephone, closed-circuit television or other means, but only if any
member who speaks on a matter before the meeting can be heard by
the other members.
(3) For the purposes of:
(a) the approval of a resolution under subclause (1), or
(b) a meeting held in accordance with subclause (2),
the Chairperson and each member have the same voting rights as they
have at an ordinary meeting of the Authority.
(4) A resolution approved under subclause (1) is, subject to the
regulations, to be recorded in the minutes of the meetings of the
Authority.
(5) Papers may be circulated among the members for the purposes of
subclause (1) by facsimile or other transmission of the information in
the papers concerned.
10 Disclosure of pecuniary interests
(1) If:
(a) a member has a pecuniary interest in a matter being considered
or about to be considered at a meeting of the Authority, and
(b) the interest appears to raise a conflict with the proper
performance of the member's duties in relation to the
consideration of the matter,
the member must, as soon as possible after the relevant facts have
come to the member's knowledge, disclose the nature of the interest at
a meeting of the Authority.
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Greyhound Racing Bill 2002
Schedule 2 Provisions relating to Authority
(2) A disclosure by a member at a meeting of the Authority that the
member:
(a) is a member, or is in the employment, of a specified company
or other body, or
(b) is a partner, or is in the employment, of a specified person, or
(c) has some other specified interest relating to a specified
company or other body or to a specified person,
is a sufficient disclosure of the nature of the interest in any matter
relating to that company or other body or to that person which may
arise after the date of the disclosure and which is required to be
disclosed under subclause (1).
(3) Particulars of any disclosure made under this clause must be recorded
by the Authority in a book kept for the purpose and that book must be
open at all reasonable hours to inspection by any person on payment
of a reasonable fee determined by the Authority.
(4) After a member has disclosed the nature of an interest in any matter,
the member must not, unless the Minister or the Authority otherwise
determines:
(a) be present during any deliberation of the Authority with respect
to the matter, or
(b) take part in any decision of the Authority with respect to the
matter.
(5) For the purposes of the making of a determination by the Authority
under subclause (4), a member who has a pecuniary interest in a matter
to which the disclosure relates must not:
(a) be present during any deliberation of the Authority for the
purpose of making the determination, or
(b) take part in the making by the Authority of the determination.
(6) A contravention of this clause does not invalidate any decision of the
Authority.
11 Pecuniary interests required to be disclosed
(1) For the purposes of clause 10, a pecuniary interest is an interest that a
person has in a matter because of a reasonable likelihood or
expectation of appreciable financial gain or loss to the person or
another person with whom the person is associated as provided by
subclauses (3)(5).
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Greyhound Racing Bill 2002
Provisions relating to Authority Schedule 2
(2) A person does not have a pecuniary interest in a matter if the interest
is so remote or insignificant that it could not reasonably be regarded as
likely to influence any decision the person might make in relation to
the matter.
(3) For the purposes of clause 10, a person has a pecuniary interest in a
matter if the pecuniary interest is the interest of:
(a) the person, or
(b) another person with whom the person is associated as provided
by this clause.
(4) A person is taken to have a pecuniary interest in a matter if:
(a) the person's spouse or de facto partner or a relative of the
person, or a partner or employer of the person, has a pecuniary
interest in the matter, or
(b) the person, or a nominee, partner or employer of the person, is
a member of a company or other body that has a pecuniary
interest in the matter.
(5) However, a person is not taken to have a pecuniary interest in a matter
as referred to in subclause (4):
(a) if the person is unaware of the relevant pecuniary interest of the
spouse, de facto partner, relative, partner, employer or company
or other body, or
(b) just because the person is a member of, or is employed by, a
statutory body or is employed by the Crown, or
(c) just because the person is a member of a company or other
body that has a pecuniary interest in the matter, so long as the
person has no beneficial interest in any shares of the company
or body.
12 General procedure
The procedure for the calling of meetings of the Authority and for the
conduct of business at those meetings is, subject to this Act and the
regulations, to be as determined by the Authority.
13 Quorum
The quorum for a meeting of the Authority is a majority of its
members.
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Greyhound Racing Bill 2002
Schedule 2 Provisions relating to Authority
14 First meeting
The Minister may call the first meeting of the Authority in such
manner as the Minister thinks fit.
15 Code of conduct
(1) The Authority must adopt a code of conduct to be observed by
members, delegates and staff of the Authority.
(2) The code of conduct must be approved by the Minister before it is
adopted.
(3) The Authority must review its code of conduct at least every 3 years
and make such changes to it as it considers appropriate.
(4) Any changes proposed to the code of conduct must be approved by the
Minister.
16 Effect of certain other Acts
(1) Part 2 of the Public Sector Management Act 1988 does not apply to or
in respect of the appointment of a member.
(2) If by or under any Act provision is made:
(a) requiring a person who is the holder of a specified office to
devote the whole of his or her time to the duties of that office,
or
(b) prohibiting the person from engaging in employment outside
the duties of that office,
the provision does not operate to disqualify the person from holding
that office and also the office of a member or from accepting and
retaining any remuneration payable to the person under this Act as a
member.
Page 46
Greyhound Racing Bill 2002
Provisions relating to Tribunal Schedule 3
Schedule 3 Provisions relating to Tribunal
(Section 37)
1 Term of office
Subject to this Act, a person appointed as:
(a) the Tribunal, or
(b) an assessor,
is to hold office for such period, not exceeding 3 years, as may be
specified in the instrument of appointment, but is eligible (if otherwise
qualified) for re-appointment.
2 Effect of appointment of a judge as Tribunal
(1) A person's tenure of the office of judge of a court, or the person's
rank, title, status, precedence, salary or other rights or privileges as a
holder of that office, is not affected by:
(a) the appointment of the person as, or to act as, the Tribunal, or
(b) the person's service as the Tribunal.
(2) A judge of any court may exercise the functions of a judge of that
court despite holding office as, or acting as, the Tribunal.
(3) The service, as the Tribunal, of a judge of any court is, for all
purposes, taken to be service as a judge of that court.
3 Remuneration
A person (not being a judge of any court) holding office as, or acting
as, the Tribunal and an assessor are entitled to be paid such
remuneration (including travelling and subsistence allowances) as the
Minister may from time to time determine in respect of each of them.
4 Vacation of office
(1) A person (being a judge of any court) holding office as the Tribunal is
taken to have vacated that office if the person:
(a) ceases to be a judge of that court, or
(b) resigns that office by instrument in writing addressed to the
Minister.
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Greyhound Racing Bill 2002
Schedule 3 Provisions relating to Tribunal
(2) A person (not being a judge of any court) holding office as the
Tribunal or a person holding office as an assessor is taken to have
vacated that office if the person:
(a) dies, or
(b) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her
remuneration, or
(c) becomes a mentally incapacitated person, or
(d) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or upwards, or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence so
punishable, or
(e) resigns that office by instrument in writing addressed to the
Minister, or
(f) is removed from office by the Minister under subclause (3).
(3) The Minister may remove from office:
(a) a person (not being a judge of any court) holding office as, or
appointed to act as, the Tribunal, or
(b) an assessor.
5 Effect of Public Sector Management Act 1988
The Public Sector Management Act 1988 does not apply to or in
respect of the appointment of:
(a) a person as, or to act as, the Tribunal, or
(b) an assessor,
and a person holding office as, or acting as, the Tribunal or an assessor
is not, as the Tribunal or an assessor, subject to that Act.
6 Staff to assist Tribunal
For the purposes of this Act, and if the Minister so approves, the
Tribunal may make use of the services of:
(a) any staff of the Authority, or
(b) any staff of a Department in the Minister's administration.
Page 48
Greyhound Racing Bill 2002
Provisions relating to Advisory Committee Schedule 4
Schedule 4 Provisions relating to Advisory Committee
(Section 38)
1 Definition
In this Schedule, member means a member of the Advisory
Committee.
2 Term of office of members
The members of the Advisory Committee each hold office for a period
of 2 years.
3 Membership is honorary
The members of the Advisory Committee are honorary members and
no remuneration is payable to them in respect of the duties they
perform as members. The members are however entitled to be
reimbursed by GRNSW for reasonable expenses (such as for travel or
accommodation) that they may incur in attending meetings of the
Advisory Committee.
4 Vacation of office
(1) The office of a member of the Advisory Committee becomes vacant
if the member:
(a) dies, or
(b) completes a term of office and is not re-nominated or re-
selected, or
(c) resigns the office by instrument in writing addressed to the
Minister and the Advisory Committee, or
(d) is absent from 2 consecutive meetings of the Advisory
Committee of which reasonable notice has been given to the
member personally or by post, except on leave granted by the
Advisory Committee or unless, before the expiration of 4 weeks
after the last of those meetings, the member is excused by the
Advisory Committee for having been absent from those
meetings, or
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Greyhound Racing Bill 2002
Schedule 4 Provisions relating to Advisory Committee
(e) becomes bankrupt, applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors, compounds with his or
her creditors or makes an assignment of his or her remuneration
for their benefit, or
(f) becomes a mentally incapacitated person, or
(g) is convicted in New South Wales of an offence that is
punishable by imprisonment for 12 months or more or is
convicted elsewhere than in New South Wales of an offence
that, if committed in New South Wales, would be an offence so
punishable, or
(h) becomes a person who is not eligible to be a member, or
(i) is removed from office under subclause (2).
(2) The Minister may, on the recommendation of the Advisory
Committee, remove a member of the Advisory Committee from office
for incapacity, incompetence or misbehaviour.
(3) A member of the Advisory Committee does not vacate office merely
because of the withdrawal of his or her nomination by the body that
nominated the member.
5 Chairperson and Deputy Chairperson of Advisory Committee
(1) The Advisory Committee is to elect a Chairperson from among its
members.
(2) The Advisory Committee may also elect a Deputy Chairperson from
among its members.
(3) The Advisory Committee may remove a person from office as
Chairperson or Deputy Chairperson of the Advisory Committee at any
time.
(4) A member elected as Chairperson or Deputy Chairperson holds office
as such for 1 year unless the member ceases to hold that office sooner.
(5) A member is eligible to be re-elected as Chairperson or Deputy
Chairperson but is not eligible to serve more than 3 consecutive terms
as either Chairperson or Deputy Chairperson.
(6) A person ceases to hold office as Chairperson or Deputy Chairperson
if he or she:
(a) resigns the office by instrument in writing addressed to the
Minister and the Advisory Committee, or
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Greyhound Racing Bill 2002
Provisions relating to Advisory Committee Schedule 4
(b) is removed from that office by the Advisory Committee, or
(c) ceases to hold office as a member of the Advisory Committee.
(7) To be elected or removed from office as Chairperson or Deputy
Chairperson requires a simple majority of the members present and
voting at a meeting of the Advisory Committee at which a quorum is
present.
(8) The Chairperson or Deputy Chairperson does not cease to be a
member of the Advisory Committee merely because he or she ceases
to be Chairperson or Deputy Chairperson.
6 Member vacancies to be filled
(1) When the office of a member becomes vacant, a person is to be
nominated or selected to fill the vacancy in the same way as the person
whose office has become vacant was nominated or selected.
(2) A person nominated or selected to fill a casual vacancy as a member
is to hold office for the balance of the term of office of the person's
predecessor or until the person sooner vacates the office. Such a person
is eligible for re-nomination or re-selection if otherwise qualified.
7 Procedure and meetings
(1) The Advisory Committee may regulate its proceedings as it considers
appropriate, subject to this clause.
(2) The quorum for a meeting of the Advisory Committee is a majority of
its members.
(3) The Advisory Committee is to meet not less than 4 times a year.
(4) The Advisory Committee is to hold at least 2 joint meetings a year
with GRNSW and at least 2 joint meetings a year with the Authority.
The appropriate quorum of each body is to be present at joint meetings.
(5) The Advisory Committee may hold joint meetings for the purposes of
subclause (4) with both the GRNSW and the Authority at the same
time.
(6) The Advisory Committee, GRNSW or the Authority can request the
holding of further joint meetings and such a request must be complied
with, up to a further 2 joint meetings in a year (without precluding the
holding of further joint meetings by agreement).
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Greyhound Racing Bill 2002
Schedule 4 Provisions relating to Advisory Committee
(7) Meetings of the Advisory Committee are to be held at the premises of
the Committee unless the Committee approves of a meeting being held
elsewhere.
8 Presiding member
(1) The Chairperson or, in the absence of the Chairperson, the Deputy
Chairperson is to preside at a meeting of the Advisory Committee.
(2) If neither the Chairperson nor Deputy Chairperson is present at a
meeting, the members present may elect one of their number to preside
at the meeting.
(3) The person presiding at a meeting has a deliberative vote and, in the
event of an equality of votes, has a second or casting vote.
9 Decisions of Advisory Committee
A decision supported by a majority of the votes cast at a meeting of the
Advisory Committee at which a quorum is present is the decision of
Advisory Committee.
10 Administrative support
The Authority is to provide the administrative support needed for the
meetings of the Advisory Committee.
Page 52
Greyhound Racing Bill 2002
Amendment of other Acts Schedule 5
Schedule 5 Amendment of other Acts
(Section 61)
5.1 Attachment of Wages Limitation Act 1957 No 28
Schedule
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
5.2 Companion Animals Act 1998 No 87
[1] Section 84 Establishment of the Fund
Omit "from the Greyhound Racing Authority (NSW) Fund" from section
84 (1) (c).
Insert instead "from an account established under section 46 of the
Greyhound Racing Act 2002".
[2] Section 84 (3)
Omit "the Greyhound Racing Authority (NSW) Fund (established under the
Greyhound Racing Authority Act 1985)".
Insert instead "an account established under section 46 of the Greyhound
Racing Act 2002".
[3] Section 84 (3)
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
Page 53
Greyhound Racing Bill 2002
Schedule 5 Amendment of other Acts
5.3 Defamation Act 1974 No 18
[1] Section 17DC Matters arising under the Greyhound Racing Act 2002
Omit "Greyhound Racing Authority Act 1985" from section 17DC (a).
Insert instead "Greyhound Racing Act 2002".
[2] Section 17DC (b)
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
[3] Schedule 2 Proceedings of public concern and official and public
documents and records
Omit clause 2 (13B). Insert instead:
(13B) without limiting the operation of any other subclause,
proceedings:
(a) at an inquiry conducted by the Greyhound Racing
Authority in the exercise of its functions (including the
exercise of any such functions by a steward of that
Authority), and
(b) on an appeal to that Authority or the Greyhound Racing
Appeals Tribunal under the Greyhound Racing Act
2002,
5.4 First State Superannuation Act 1992 No 100
Schedule 1 Employers
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
Page 54
Greyhound Racing Bill 2002
Amendment of other Acts Schedule 5
5.5 Government and Related Employees Appeal Tribunal Act 1980
No 39
Schedule 4 Employing authorities
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
5.6 Liquor Act 1982 No 147
Section 4 Definitions
Omit "the Greyhound Racing Authority (NSW)" from the definition of
racing club in section 4 (1).
Insert instead "Greyhound Racing New South Wales".
5.7 Lotteries and Art Unions Act 1901 No 34
Section 4D Sweepstakes in relation to Melbourne Cup and other
events
Omit "Greyhound Racing Authority Act 1985" from the definition of
prescribed organisation in section 4D (1).
Insert instead "Greyhound Racing Act 2002".
5.8 New South Wales Retirement Benefits Act 1972 No 70
Schedule 2
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
Page 55
Greyhound Racing Bill 2002
Schedule 5 Amendment of other Acts
5.9 Public Authorities Superannuation Act 1985 No 41
Schedule 3 Employers
Omit "The Greyhound Racing Authority (NSW)".
Insert instead "The Greyhound Racing Authority".
5.10 Public Finance and Audit Act 1983 No 152
Schedule 2 Statutory bodies
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
5.11 Public Sector Management Act 1988 No 33
[1] Schedule 3 Declared authorities
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
[2] Schedule 3A Chief executive positions
Omit "Greyhound Racing Authority (NSW)" from Part 3.
Insert instead "Greyhound Racing Authority".
5.12 Racing Administration Act 1998 No 114
[1] Section 4 Definitions
Omit "the Greyhound Racing Authority (NSW)" from the definition of
controlling body.
Insert instead "Greyhound Racing New South Wales".
Page 56
Greyhound Racing Bill 2002
Amendment of other Acts Schedule 5
[2] Section 26C Bookmakers Revision Committee
Omit "Greyhound Racing Authority (NSW)" from section 26C (1) (d).
Insert instead "Greyhound Racing Authority".
5.13 Registered Clubs Act 1976 No 31
Section 30 Rules of registered clubs
Omit "the Greyhound Racing Authority (NSW)" from section 30 (5A) (c).
Insert instead "Greyhound Racing New South Wales".
5.14 State Authorities Non-contributory Superannuation Act 1987
No 212
Schedule 1 Employers
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
5.15 State Authorities Superannuation Act 1987 No 211
Schedule 1 Employers
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
5.16 Superannuation Act 1916 No 28
Schedule 3 List of employers
Omit "Greyhound Racing Authority (NSW)".
Insert instead "Greyhound Racing Authority".
Page 57
Greyhound Racing Bill 2002
Schedule 5 Amendment of other Acts
5.17 Thoroughbred Racing Board Act 1996 No 37
Section 7 Certain persons not eligible for membership
Omit section 7 (1) (b1). Insert instead:
(b1) is registered by or with the Greyhound Racing Authority
under the Greyhound Racing Act 2002,
5.18 Totalizator Act 1997 No 45
[1] Section 6A Controlling bodies
Omit "Greyhound Racing Authority (NSW)" wherever occurring.
Insert instead "Greyhound Racing New South Wales".
[2] Section 105 Secrecy
Insert ", Greyhound Racing New South Wales" before "or" where firstly
occurring in section 105 (2) (c).
[3] Schedule 2 Savings, transitional and other provisions
Omit "the Greyhound Racing Authority (NSW)" from clause 11 (5) (e).
Insert instead "Greyhound Racing New South Wales, the Greyhound Racing
Authority".
Page 58
Greyhound Racing Bill 2002
Savings, transitional and other provisions Schedule 6
Schedule 6 Savings, transitional and other provisions
(Section 62)
Part 1 General
1 Regulations
(1) The regulations may include provisions of a savings or transitional
nature consequent on the enactment of the following Acts:
this Act
(2) A provision of a regulation authorised by this clause may, if the
regulations so provide, take effect as from the date of assent to the Act
concerned or as from a later day.
(3) To the extent to which a provision of a regulation authorised by this
clause takes effect from a date that is earlier than the date of its
publication in the Gazette, the provision does not operate:
(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 Provisions consequent on enactment of this Act
Division 1 Interpretation
2 Definitions
In this Part:
former Act means the Greyhound Racing Authority Act 1985.
former Authority means the Greyhound Racing Authority (NSW)
constituted under the former Act.
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Greyhound Racing Bill 2002
Schedule 6 Savings, transitional and other provisions
new Authority means the Greyhound Racing Authority constituted by
section 13.
Division 2 Dissolution of former Authority
3 Dissolution of former Authority
(1) The former Authority is dissolved.
(2) No remuneration or compensation is payable to any director of the
former Authority as a result of its dissolution.
4 References to former Authority
Regulations may be made under clause 1 that require references in any
other Act, in any instrument made under another Act, or in any
document of any kind, to the former Authority to be read as, or as
including, a reference to GRNSW or the new Authority, or both.
5 Constitution of GRNSW
(1) GRNSW may be constituted, and may select a chairperson and a chief
executive officer, in accordance with the provisions of Division 1 of
Part 2 even if those provisions have not commenced.
(2) However, GRNSW has no functions before the dissolution of the
former Authority (other than a function under section 49 (9)).
(3) As soon as practicable after the commencement of this clause, the
Minister is to call for nominations for the first membership of
GRNSW.
(4) Nominations are to be in writing addressed to the Minister.
(5) The Minister may give directions generally for facilitating the
constitution of the first membership of GRNSW.
(6) GRNSW is formally constituted for the purposes of this Act on a day
(the constitution day) appointed by the Minister by notice published in
the Gazette.
(7) The Minister can appoint a day as the constitution day even if all the
members of GRNSW have not been nominated by that day.
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Greyhound Racing Bill 2002
Savings, transitional and other provisions Schedule 6
(8) The terms of office of the first members of GRNSW begin on the
constitution day but the terms of office of those first members are
extended by the period between the constitution day and the date of
dissolution of the former Authority.
6 Transfer of assets, rights and liabilities of former Authority
(1) In this clause:
transferee, in relation to the transfer of an asset, right or liability by or
under this clause, means the body to which the asset, right or liability
is transferred.
transferor, in relation to the transfer of an asset, right or liability by or
under this clause, means the body from which the asset, right or
liability is transferred.
(2) On the dissolution of the former Authority, the assets, rights and
liabilities of the former Authority are transferred to the new Authority.
(3) The Minister may, by order in writing, transfer to GRNSW such of the
assets, rights and liabilities of the new Authority that were transferred
to the new Authority by subclause (2) and as are specified or referred
to in the order.
(4) One or more orders may be made under subclause (3) at the same or
at different times.
(5) An order under subclause (3) may be made on such terms and
conditions as are specified in the order.
(6) On and from the date on which any asset, right or liability is
transferred by subclause (2) or under subclause (3), the following
provisions have effect with respect to the transfer:
(a) the transferred asset vests in the transferee by virtue of this
clause and without the need for any conveyance, transfer,
assignment or assurance,
(b) the transferred rights and liabilities become by virtue of this
clause the rights and liabilities of the transferee,
(c) all proceedings relating to the asset, right or liability
commenced before the transfer day by or on behalf of, or
against, the transferor and pending immediately before the
transfer day are taken to be proceedings pending by or against
the transferee,
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Greyhound Racing Bill 2002
Schedule 6 Savings, transitional and other provisions
(d) any act, matter or thing done or omitted to be done in relation
to the asset, right or liability before the transfer day by, to or in
respect of the transferor is (to the extent to which that act,
matter or thing has any force or effect) taken to have been done
or omitted by, to or in respect of the transferee.
(7) The operation of this clause is not to be regarded:
(a) as a breach of contract or confidence or otherwise as a civil
wrong, or
(b) as a breach of any contractual provision prohibiting, restricting
or regulating the assignment or transfer of assets, rights or
liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as
causing or permitting the termination of any instrument,
because of a change in the beneficial or legal ownership of any
asset, right or liability, or
(d) as an event of default under any contract or other instrument.
(8) No attornment to the new Authority by a lessee of the former Authority
is required.
(9) No attornment to GRNSW by a lessee of the former Authority or the
new Authority is required.
7 Duty and other fees
A transfer agreement or an instrument executed only for a purpose
ancillary to or consequential on the operation of this Part or the
purpose of giving effect to this Part:
(a) is not chargeable with duty, and
(b) is exempt from payment of any other fee or charge that would
otherwise be payable under any other Act in respect of the
registration of any such instrument.
8 Actions of former Authority
Anything done by the former Authority relating to a registration,
suspension, disqualification or prohibition under the former Act before
the dissolution of the former Authority is, after that dissolution, taken
to have been done under the relevant provisions of this Act by
whichever of GRNSW or the new Authority has that function after the
dissolution.
Page 62
Greyhound Racing Bill 2002
Savings, transitional and other provisions Schedule 6
Division 3 Staff of former Authority transferred to new
Authority
9 Chief Executive Officer of former Authority and stewards
(1) The person holding office as the Chief Executive Officer of the former
Authority immediately before the commencement of this clause is
taken to have been appointed under this Act to the office of Chief
Executive Officer of the new Authority for the remainder of the term
of office, and on the same terms and conditions, that applied to the
person's appointment as Chief Executive Officer of the former
Authority.
(2) A person holding office as a steward under the former Act immediately
before the commencement of this clause is taken to have been
appointed to that office under this Act on the same terms and
conditions that applied to the person's appointment as steward under
the former Act.
10 Staff of former Authority
(1) On the dissolution of the former Authority, each member of staff of the
former Authority is transferred to the employment of the new
Authority.
(2) Each such member of staff becomes after the transfer a member of
staff of the new Authority and continues (until other provision is duly
made) to be employed in accordance with the awards, agreements and
determinations applying, immediately before the transfer, to members
of the staff of the former Authority.
(3) Neither the contract of employment nor the period of employment of
each member of staff concerned is taken to have been broken by the
operation of this Act for the purposes of any law, award or agreement
relating to the employment of that member of staff.
(4) Without limiting this clause, this Act does not affect any accrued rights
that the member of staff concerned had immediately before the transfer
in relation to any kind of leave.
(5) A member of staff concerned is not entitled to receive any payment or
other benefit merely because the member ceases to be an employee of
the former Authority.
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Greyhound Racing Bill 2002
Schedule 6 Savings, transitional and other provisions
(6) A member of staff concerned is not entitled to claim, both under this
Act and under any other Act, dual benefits of the same kind for the
same period of service.
Division 4 Staff of new Authority transferring to GRNSW
11 Interpretation
(1) In this Division:
LGSS means the local government superannuation scheme.
relevant employee means a person who:
(a) is employed by GRNSW, and
(b) immediately before being so employed was an employee of the
new Authority, and
(c) was, at any time while being employed by the new Authority,
a member of or contributor to a SAC scheme.
(2) Expressions used in this Schedule have the same meaning as in the
Superannuation Administration Act 1996.
12 Transfer of employees to another superannuation scheme
(1) The Treasurer may by order in writing transfer a relevant employee
from a SAC scheme to:
(a) the LGSS, or
(b) another superannuation scheme (whether or not established
under an Act) that is designated by the Treasurer for the
purposes of this clause by order in writing.
(2) The superannuation scheme to which a person is transferred under this
clause is referred to in this Division as the new scheme and the person
is referred to in this Division as a transferred person.
(3) The Treasurer is not to make such an order in respect of a person
unless the person has, no later than 3 months after the date on which
the person ceased to be employed by the new Authority, elected, by
notice in writing given to the Trustee, to transfer to the new scheme.
(4) The Treasurer, and SAC are to take all necessary steps generally to
facilitate the superannuation coverage of transferred persons by the
new scheme.
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Greyhound Racing Bill 2002
Savings, transitional and other provisions Schedule 6
(5) For that purpose, the Treasurer may enter into arrangements with the
trustee of the new scheme, including arrangements for the amendment
of any relevant trust deed.
(6) Section 127 of the Superannuation Administration Act 1996 does not
limit or otherwise affect the operation of this clause and in particular
does not prevent the transfer to the LGSS of transferred persons or the
superannuation coverage of transferred persons by the LGSS.
(7) An order under this clause may be made to take effect on and from a
day specified in the order, whether or not the day specified is earlier
than the day of publication of the order.
13 Regulations
(1) Regulations may be made for or with respect to the transfer of a
relevant employee from a SAC scheme to the new scheme in
accordance with a direction of the Treasurer under this Division.
(2) In particular, regulations may be made for or with respect to the
following:
(a) the transfer of assets and liabilities of a SAC scheme, in respect
of a transferred person, to the new scheme,
(b) the transfer of assets and liabilities within a SAC scheme, or
between any such schemes, from any reserve in respect of the
employer or former employer of a transferred person to the
Crown's reserve,
(c) the preservation or deferral of benefits of transferred persons,
(d) the entitlements, rights and obligations under the new scheme
of a transferred person,
(e) providing for the resolution, by a prescribed authority or
person, of all disputes, or of any prescribed class of disputes,
concerning the entitlements, rights and obligations of a
transferred person under the new scheme.
(3) A regulation made under this clause has effect despite any provision
of an Act under which a SAC scheme is constituted.
(4) A provision of a regulation made under this clause may be made to
take effect on and from a day on which an order under clause 12 takes
effect, whether or not that day is earlier than the day of publication of
the regulation.
Page 65
Greyhound Racing Bill 2002
Schedule 6 Savings, transitional and other provisions
14 Mobility between new scheme and public sector schemes
For the purposes of section 128A of the Superannuation
Administration Act 1996, a transferred person is taken to be an
employee referred to in section 128A (3) (a) of that Act.
15 Employment of employees of new Authority to staff of GRNSW
(1) In the period of 12 months after GRNSW is constituted, GRNSW:
(a) must notify employees of the new Authority whenever it
intends to fill a position in the staff of GRNSW, and
(b) give such employees a reasonable opportunity to apply for the
position.
(2) A person who:
(a) applies for a position to be filled as referred to in subclause (1),
and
(b) is employed by the new Authority at the time of making the
application, and
(c) was transferred to that employment by the operation of clause
10, and
(d) at the time of transfer was performing substantially the same
duties for the former Authority as are required to be performed
in the position to be filled,
is to be considered for the position in preference to any other applicant
for the position who is not such a person.
(3) The employment of a person referred to in subclause (2) who is
appointed to a position in the staff of GRNSW in accordance with this
clause is not to be terminated within the period of 12 months after the
commencement of the employment on the ground of redundancy
arising from the operation of this Act.
Division 5 Appeals and disciplinary inquiries
16 Greyhound Racing Appeals Tribunal
(1) The Greyhound Racing Appeals Tribunal established under the
former Act is taken to have been established as the Greyhound Racing
Appeals Tribunal under this Act.
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Greyhound Racing Bill 2002
Savings, transitional and other provisions Schedule 6
(2) A person appointed as the Greyhound Racing Appeals Tribunal, or to
act as that Tribunal, under the former Act and whose appointment is
in force immediately before the commencement of this clause is taken
to have been so appointed under this Act.
(3) A person appointed as an assessor of the Greyhound Racing Appeals
Tribunal under the former Act and whose appointment is in force
immediately before the commencement of this clause is taken to have
been so appointed under this Act.
17 Appeals and inquiries
(1) Any appeal under the former Act that has not been finally determined
at the commencement of this clause may continue to be dealt with
under this Act.
(2) Despite clause 8, any decision made before the commencement of this
clause by the former Authority is, for the purposes of subclause (1),
taken to be a decision made by the new Authority.
(3) Nothing in this clause enables a person to appeal under this Act
against a decision if the person has appealed against the decision under
the former Act and the appeal has been finally determined under that
Act.
(4) Any inquiry commenced under, but not finished before, the repeal of
the former Act may be continued by the new Authority under the
corresponding provisions of this Act.
Division 6 Commercial agreements
18 Functions under agreement
(1) In this clause, the agreement means the New South Wales Greyhound
Racing Industry Intracode Memorandum of Understanding made on 20
February 1998 between the former Authority, the NSW Greyhound
Breeders, Owners and Trainers' Association Limited, NSW National
Coursing Association Limited, NSW Greyhound Racing Clubs
Association and TAB Greyhound Racing Clubs (NSW).
(2) From the commencement of this clause, the functions of the
Committee on Budgeting, Industry Development and Distribution
under the agreement are to be exercised by GRNSW.
(3) This clause has effect despite any provision of the agreement.
Page 67
Greyhound Racing Bill 2002
Schedule 6 Savings, transitional and other provisions
Division 7 Miscellaneous
19 References to former Act
A reference in any other Act, in any instrument made under another
Act, or in any document of any kind, to the former Act is to be read as
a reference to this Act.
20 Accounts
An account established under section 17A of the former Act is taken
to have been established under section 46 (2) of this Act.
21 Rules
Any rules made under the former Act and in force immediately before
the commencement of this clause are taken to have been made under,
and in accordance with, this Act by the new Authority.
22 Regulations
Any regulations made under the former Act and in force immediately
before the commencement of this clause are taken to have been made
under this Act.
23 Operation of Part
The operation of this Part is subject to the regulations.
Page 68
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