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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Racing Legislation Amendment
Bill 2006
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
4 Repeal of Act 2
Schedule 1 Amendment of Acts 3
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY,
has finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of
NEW SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 2006
New South Wales
Racing Legislation Amendment
Bill 2006
Act No , 2006
An Act to amend the Racing Administration Act 1998 with respect to the publication
of race fields; to remove certain inoperative provisions of the Greyhound and
Harness Racing Administration Act 2004 and the Thoroughbred Racing Act 1996;
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 Racing Legislation Amendment Bill 2006
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Racing Legislation Amendment Act 2006.
2 Commencement
(1) This Act commences on a day or days to be appointed by proclamation,
except as provided by this section.
(2) Schedule 1.1 and 1.3 commence on the date of assent to this Act.
3 Amendment of Acts
The Acts specified in Schedule 1 are amended as set out in that
Schedule.
4 Repeal of Act
(1) This Act is repealed on the day following the day on which all of the
provisions of this Act have commenced.
(2) The repeal of this Act does not, because of the operation of section 30
of the Interpretation Act 1987, affect any amendment made by this Act.
Page 2
Racing Legislation Amendment Bill 2006
Amendment of Acts Schedule 1
Schedule 1 Amendment of Acts
(Section 3)
1.1 Greyhound and Harness Racing Administration Act 2004
No 36
[1] Section 13 Registration of bookmakers
Omit "taken to be registered in New South Wales for the purposes of" from
section 13 (3).
Insert instead "registered under".
[2] Section 13 (4) (b) (iii)(vi)
Omit the subparagraphs.
[3] Section 13 (8)
Omit the subsection.
1.2 Racing Administration Act 1998 No 114
[1] Part 4, Division 1, heading
Insert before section 27:
Division 1 Interpretation
[2] Section 27 Definitions
Insert in alphabetical order:
NSW race field means information that identifies, or is capable
of identifying, the names or numbers of the horses or dogs:
(a) that have been nominated for, or that will otherwise take
part in, an intended race to be held at any race meeting on
a licensed racecourse in New South Wales, or
(b) that have been scratched or withdrawn from an intended
race to be held at any race meeting on a licensed racecourse
in New South Wales.
race field publication approval means an approval granted under
section 33A.
Page 3
Racing Legislation Amendment Bill 2006
Schedule 1 Amendment of Acts
relevant racing control body means:
(a) in relation to horse racing other than harness racing--
Racing New South Wales, and
(b) in relation to harness racing--Harness Racing New South
Wales, and
(c) in relation to greyhound racing--Greyhound Racing New
South Wales.
working day means any day that is not a Saturday, Sunday or
public holiday.
[3] Part 4, Division 2, heading
Insert before section 29:
Division 2 General offences
[4] Part 4, Division 3
Omit section 33. Insert instead:
Division 3 Publication of NSW race fields
33 Publication of NSW race fields restricted
A person must not, whether in New South Wales or elsewhere,
publish a NSW race field unless the person:
(a) is authorised to do so by a race field publication approval
and complies with the conditions (if any) to which the
approval is subject, or
(b) is authorised to do so by or under the regulations.
Maximum penalty:
(a) in the case of a corporation--500 penalty units, and
(b) in any other case:
(i) for a first offence--50 penalty units or
imprisonment for 12 months (or both), and
(ii) for a second or subsequent offence--100 penalty
units or imprisonment for 2 years (or both).
Page 4
Racing Legislation Amendment Bill 2006
Amendment of Acts Schedule 1
33A Relevant racing control body may grant race field publication
approvals
(1) The relevant racing control body in relation to an intended race
(or class of races) to be held at any race meeting on a licensed
racecourse in New South Wales may grant approval to a person
to publish a NSW race field (a race field publication approval)
in respect of that race or class of races if the person has made an
application for that approval under this Division.
(2) A relevant racing control body may (but need not) impose any of
the following kinds of conditions on a race field publication
approval that it grants:
(a) a condition that the holder of the approval pay a fee or a
series of fees of an amount or amounts and in the manner
specified in the approval (being a fee or fees imposed in
accordance with any requirements prescribed by the
regulations),
(b) such other conditions as may be specified in the approval
(being conditions of a kind that are prescribed as
permissible conditions by the regulations).
(3) Any fee that is payable under a race field publication approval is
a debt due to the relevant racing control body that granted the
approval and is recoverable as such in a court of competent
jurisdiction.
(4) A relevant racing control body that grants a race field publication
approval may, by written notice to the holder of the approval,
cancel or vary the terms of the approval on any grounds
prescribed by the regulations.
(5) If a relevant racing control body cancels or varies a race field
publication approval, the body must provide the holder of the
approval with written reasons indicating why the approval was
cancelled or varied (as the case may be).
33B Applications for race field publication approvals
(1) A person who wishes to publish a NSW race field may apply to
the relevant racing control body in relation to the intended race
(or class of races) to which the field relates for a race field
publication approval in respect of the race or class of races.
Page 5
Racing Legislation Amendment Bill 2006
Schedule 1 Amendment of Acts
(2) An application for a race field publication approval (an approval
application) must be:
(a) made in the manner and in the time as may be prescribed
by the regulations, and
(b) accompanied by such information as may be prescribed by
the regulations.
(3) In determining an approval application, the relevant racing
control body to which the application is made must:
(a) consult with each racing club that intends to conduct the
race or class of races in respect of which the approval is
sought, and
(b) take into account such criteria in relation to the
determination of the application (if any) as may be
prescribed by the regulations.
(4) Without limiting subsection (3) (b), any criteria that are
prescribed by the regulations for the purposes of that paragraph
may specify:
(a) the kinds of matters that may or must be taken into account
in determining an approval application, and
(b) the kinds of matters that must not be taken into account in
determining an approval application.
(5) If a relevant racing control body to which an approval application
is made determines that a race field publication approval should
not be granted to the applicant (or should be granted subject to
any condition imposed under section 33A (2)), the body must
provide the applicant with written reasons indicating why the
application was rejected or the conditions were imposed (as the
case may be).
33C Authorisations for section 51 of the Trade Practices Act 1974 of the
Commonwealth
(1) The following are specifically authorised by this Act for the
purposes of the Trade Practices Act 1974 of the Commonwealth
and the Competition Code of New South Wales:
(a) any agreement entered into between:
(i) 2 or more relevant racing control bodies in relation
to the appointment of an agent to collect, or the
collection by such an agent or any of the relevant
racing control bodies of, fees that are payable to
those bodies under race field publication approvals
granted by them, or
Page 6
Racing Legislation Amendment Bill 2006
Amendment of Acts Schedule 1
(ii) one or more relevant racing control bodies and any
corresponding body of another State or Territory in
relation to the appointment of an agent to collect, or
the collection by such an agent or any of the relevant
racing control bodies of, fees that are payable to
those bodies in relation to publication of race fields,
(b) the conduct of those bodies and any agent in negotiating
and entering into any such agreement,
(c) the conduct of those bodies and any agent in performing
any such agreement.
(2) Anything authorised to be done by this section is authorised only
to the extent to which it would otherwise contravene Part IV of
the Trade Practices Act 1974 of the Commonwealth or the
Competition Code of New South Wales.
(3) In this section:
agreement includes a contract, arrangement or understanding.
33D Appeals to Minister
(1) A person may appeal to the Minister against any of the following
decisions of a relevant racing control body:
(a) a decision of the body to reject an application by the person
for a race field publication approval,
(b) a decision of the body to impose a condition under section
33A (2) (other than a condition relating to the payment of
a fee or series of fees) on a race field publication approval,
(c) a decision of the body to cancel a race field publication
approval held by the person,
(d) a decision of the body to vary any term of a race field
publication approval held by the person (other than a term
relating to the payment of a fee or series of fees).
(2) An appellant must give notice to the following person and body
of the grounds of the appellant's appeal in the form and manner
approved by the Minister from time to time:
(a) the Minister,
(b) the relevant racing control body that made the decision
appealed against.
Page 7
Racing Legislation Amendment Bill 2006
Schedule 1 Amendment of Acts
(3) The relevant racing control body that made the decision appealed
against is to be the respondent in the appeal.
(4) A notice under subsection (2) must be given within 20 working
days (or within such longer period as the Minister may allow)
after the date on which the appellant was notified of the decision
of the relevant racing control body that is being appealed.
(5) In determining an appeal, the Minister may appoint a person that
the Minister considers has suitable qualifications to act as an
arbitrator (the arbitrator) to furnish a report to the Minister with
respect to the appeal containing:
(a) a recommendation as to whether the appeal should, in the
opinion of the arbitrator, be dismissed or allowed either
unconditionally or subject to such conditions as may be
specified in the report, and
(b) the reasons for the recommendation.
(6) The unsuccessful party to an appeal is to pay the costs of any
arbitrator appointed by the Minister under subsection (5).
(7) The Minister, after considering any report that is furnished to the
Minister under subsection (5), may:
(a) dismiss the appeal, or
(b) allow the appeal either unconditionally or subject to such
conditions as the Minister thinks proper to impose, or
(c) if the appeal is against the imposition of conditions, refuse
to approve the application for a race field publication
approval from the determination of which the appeal has
been made, or
(d) return the report to the arbitrator concerned and request
further consideration of the report.
Note. As the decision of the Minister in an appeal under this section is a
decision that is reviewable by the Administrative Decisions Tribunal
under section 33E, section 48 of the Administrative Decisions Tribunal
Act 1997 requires the Minister to give the appellant and respondent in
the appeal written notice of the decision on the appeal. Division 2 of Part
2 of Chapter 5 of that Act enables the appellant and respondent to
request written reasons for the Minister's decision.
(8) The decision of the Minister under subsection (7) (other than a
decision under subsection (7) (d)) has effect as if it were a
decision of the relevant racing control body from whose decision
the appeal is made.
Page 8
Racing Legislation Amendment Bill 2006
Amendment of Acts Schedule 1
33E Review by Administrative Decisions Tribunal of Minister's
decision on appeal
(1) The appellant or respondent in an appeal under section 33D may
apply to the Administrative Decisions Tribunal for a review of
the decision of the Minister in the appeal.
(2) Section 53 (Internal reviews) of the Administrative Decisions
Tribunal Act 1997 does not apply to a decision of the Minister in
an appeal under section 33D.
33F Effect of race field publication approval limited
For the avoidance of doubt, the granting of a race field
publication approval does not operate to authorise the holder of
the approval to do (or omit to do) anything in relation to a race to
be held at any race meeting on a licensed racecourse in New
South Wales other than to publish the NSW race field to which
the approval relates in accordance with the terms of the approval.
[5] Section 36C
Insert after section 36B:
36C Giving of notices and other documents
(1) For the purposes of this Act, a notice or other document may be
given to a person (or a notice or other document may be served
on a person):
(a) in the case of a natural person:
(i) by delivering it to the person personally, or
(ii) by sending it by post to the address specified by the
person for the giving or service of documents or, if
no such address is specified, the residential or
business address of the person last known to the
person giving or serving the document, or
(iii) by sending it by facsimile transmission to the
facsimile number of the person, or
(b) in the case of a body corporate:
(i) by leaving it with a person apparently of or above
the age of 16 years at, or by sending it by post to, the
head office, a registered office or a principal office
of the body corporate or to an address specified by
the body corporate for the giving or service of
documents, or
(ii) by sending it by facsimile transmission to the
facsimile number of the body corporate.
Page 9
Racing Legislation Amendment Bill 2006
Schedule 1 Amendment of Acts
(2) Nothing in this section affects the operation of any provision of a
law or of the rules of a court authorising a document to be served
on a person in any other manner.
[6] Schedule 1 Savings and transitional provisions
Insert at the end of clause 1 (1):
the Racing Legislation Amendment Act 2006
[7] Schedule 1, Part 5
Insert after Part 4:
Part 5 Provisions consequent on enactment of
Racing Legislation Amendment Act 2006
9 Definition
In this Part:
amending Act means the Racing Legislation Amendment
Act 2006.
10 Previous offences under section 33 may be taken into account in
determining penalties
(1) Section 33 (as substituted by the amending Act) applies to acts or
omissions that occur on or after the day on which the provision of
the amending Act that substitutes the section commences.
(2) However, an offence against section 33 (as in force at any time
before its substitution by the amending Act) may be taken into
account in deciding whether an offence against section 33 (as
substituted by the amending Act) is a second or subsequent
offence against the substituted section for the purposes of
determining the penalty for the offence.
1.3 Thoroughbred Racing Act 1996 No 37
[1] Section 14A Licensing of bookmakers
Omit "taken to be registered in New South Wales for the purposes of" from
section 14A (3).
Insert instead "registered under".
[2] Section 14A (4) (d)
Omit the paragraph.
Page 10
Racing Legislation Amendment Bill 2006
Amendment of Acts Schedule 1
[3] Section 14A (5)
Omit ", (d)".
[4] Section 14A (6)
Omit the subsection.
Page 11
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