THOROUGHBRED RACING AMENDMENT BILL 2008

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THOROUGHBRED RACING AMENDMENT BILL 2008

New South Wales Thoroughbred Racing Amendment Bill 2008 Contents Page 1 Name of Act 2 2 Commencement 2 3 Amendment of Thoroughbred Racing Act 1996 No 37 2 4 Repeal of Act 2 Schedule 1 Amendments 3 b2007-084-20.d26

New South Wales Thoroughbred Racing Amendment Bill 2008 No , 2008 A Bill for An Act to amend the Thoroughbred Racing Act 1996 to make further provision for the membership and functions of Racing NSW; and for other purposes.

Clause 1 Thoroughbred Racing Amendment Bill 2008 The Legislature of New South Wales enacts: 1 1 Name of Act 2 This Act is the Thoroughbred Racing Amendment Act 2008. 3 2 Commencement 4 (1) This Act commences on a day or days to be appointed by proclamation, 5 except as provided by subsection (2). 6 (2) The amendments made by this Act to Schedule 1 to the Thoroughbred 7 Racing Act 1996 commence on the date of assent to this Act. 8 3 Amendment of Thoroughbred Racing Act 1996 No 37 9 The Thoroughbred Racing Act 1996 is amended as set out in 10 Schedule 1. 11 4 Repeal of Act 12 (1) This Act is repealed on the day following the day on which all of the 13 provisions of the Act have commenced. 14 (2) The repeal of this Act does not, because of the operation of section 30 15 of the Interpretation Act 1987, affect any amendment made by this Act. 16 Page 2

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 Schedule 1 Amendments 1 (Section 3) 2 [1] Section 3 Definitions 3 Omit the definitions of additional member, Chairperson, eligible industry 4 body, nominated members, RIPAC and voting members from section 3 (1). 5 [2] Section 3 (1) 6 Insert in alphabetical order: 7 appointed member means a member of Racing NSW other than 8 the Chief Executive. 9 Appointments Panel or the Panel means the Appointments Panel 10 established by section 7. 11 eligible industry body means a body determined to be an eligible 12 industry body for the time being under clause 1 (3) of Schedule 2. 13 RICG means the Racing Industry Consultation Group 14 established by this Act. 15 [3] Sections 68 16 Omit the sections. Insert instead: 17 6 Membership 18 (1) Racing NSW is to consist of the following members: 19 (a) 5 members nominated for appointment by the 20 Appointments Panel and appointed by the Minister to give 21 effect to their nomination by the Appointments Panel, 22 (b) the Chief Executive. 23 (2) A person is not eligible to be an appointed member of Racing 24 NSW if the person: 25 (a) is an employee of a race club or racing association, or 26 (b) is a member of the governing body of a race club or 27 eligible industry body, or 28 (c) holds a licence issued by Racing NSW or by a racing 29 association, or 30 (d) is registered by or with the Greyhound and Harness Racing 31 Regulatory Authority under the Greyhound and Harness 32 Racing Administration Act 2004, or 33 Page 3

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments (e) is currently, or during the previous 10 years has been, 1 warned off, disqualified or named on the Forfeits List 2 under the Australian Rules of Racing, or 3 (f) during the previous 10 years has been convicted in New 4 South Wales of an offence that is punishable by 5 imprisonment for 12 months or more, or convicted 6 elsewhere than in New South Wales of an offence that, if 7 committed in New South Wales, would be an offence so 8 punishable, or 9 (g) is an undischarged bankrupt or is taking advantage of the 10 laws in force for the time being relating to bankruptcy, or 11 (h) is a mentally incapacitated person. 12 (3) A person is not eligible to be appointed as a member of Racing 13 NSW if, at the time the person is recommended for appointment 14 by the Appointments Panel, the person is a member of the 15 Appointments Panel. 16 (4) A person is not eligible to hold office as an appointed member of 17 Racing NSW for more than 8 years in total (whether or not 18 involving consecutive terms of office). 19 (5) The Chief Executive does not have a vote at meetings of Racing 20 NSW. 21 (6) While a person is an appointed member of Racing NSW, any 22 entitlement of the person to vote as a member of a race club or of 23 an eligible industry body is suspended. 24 7 Establishment and functions of Appointments Panel 25 (1) An Appointments Panel is established for the purposes of this 26 Act. Schedule 2 has effect with respect to the members and 27 procedure of the Appointments Panel. 28 (2) The Appointments Panel has the function of nominating persons 29 for appointment as members of Racing NSW and for that purpose 30 must nominate no more and no less than the number of persons 31 required to make the appointments for which the Appointments 32 Panel is convened. 33 (3) An appointed member of Racing NSW can (if otherwise eligible) 34 be considered for nomination for reappointment as a member of 35 Racing NSW. 36 (4) The Appointments Panel must not nominate a person for 37 appointment as a member of Racing NSW unless the Panel is 38 satisfied that the person has experience in a senior administrative 39 role or experience at a senior level in one or more of the fields of 40 Page 4

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 business, finance, law, marketing, technology, commerce, 1 regulatory administration or regulatory enforcement. 2 (5) Before nominating a person for appointment as a member of 3 Racing NSW, the Appointments Panel must conduct a probity 4 check of the person (with the level of scrutiny as determined by 5 Racing NSW). 6 (6) The Appointments Panel is to choose between candidates for 7 nomination for appointment as a member of Racing NSW on the 8 basis of merit, with merit to be determined on the basis of a 9 candidate's abilities, qualifications, experience and personal 10 qualities that are relevant to the performance of the duties of 11 membership of Racing NSW. 12 (7) The Appointments Panel must engage a recruitment consultant to 13 assist it in the exercise of its functions. The recruitment 14 consultant is to be selected by the Minister from a panel of 3 15 persons chosen by Racing NSW on the basis of a competitive 16 tender process conducted for the purpose by Racing NSW. 17 (8) The Appointments Panel may by agreement with Racing NSW, 18 make use of any staff and facilities of Racing NSW in connection 19 with the exercise of the Panel's functions. 20 8 Convening the Appointments Panel 21 (1) The Minister must, as and when required for the purposes of the 22 appointment of persons as members of Racing NSW, convene the 23 Appointments Panel for the purpose of nominating persons for 24 appointment. 25 (2) The Minister must also convene the Appointments Panel if 7 or 26 more members of the Panel petition the Minister to convene the 27 Panel to consider conducting a fresh recruitment process for the 28 membership of Racing NSW. 29 (3) When the Panel is convened to consider conducting a fresh 30 recruitment process for the membership of Racing NSW, the 31 following process applies: 32 (a) the Panel may call on Racing NSW to show cause why, for 33 the reasons specified by the Panel, a fresh recruitment 34 process for the nomination of new members of Racing 35 NSW should not be conducted, 36 (b) the Panel must notify the Minister if it calls upon Racing 37 NSW to show cause, 38 (c) if Racing NSW has been called upon to show cause and the 39 Panel determines by a majority comprising at least 75% of 40 Page 5

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments the members of the Panel to conduct a fresh recruitment 1 process, the Panel is taken to have been convened for that 2 purpose and is to proceed to nominate persons for 3 appointment to membership of Racing NSW in place of 4 the existing membership, 5 (d) the Panel must notify Racing NSW and the Minister of the 6 reasons for its decision to conduct the fresh recruitment 7 process, 8 (e) existing members of Racing NSW can (if otherwise 9 eligible) be considered for nomination in the fresh 10 recruitment process, 11 (f) the Minister must then appoint the persons nominated by 12 the Appointments Panel as members of Racing NSW in 13 place of the existing membership. 14 [4] Section 9 15 Omit the section. Insert instead: 16 9 Term of office of members 17 An appointed member of Racing NSW is to be appointed to hold 18 office (subject to this Act) for a period of up to 4 years 19 recommended by the Appointments Panel when nominating the 20 member for appointment. 21 [5] Section 10 Remuneration 22 Omit "A voting member" from section 10 (1). 23 Insert instead "An appointed member". 24 [6] Section 10 (1) (a) 25 Omit the paragraph. Insert instead: 26 (a) remuneration consisting of a base amount adjusted 27 annually in accordance with the annual percentage 28 increase (if any) in the Consumer Price Index occurring 29 after the determination or redetermination of the base 30 amount takes effect, and 31 [7] Section 10 (1A) 32 Insert after section 10 (1): 33 (1A) The Statutory and Other Offices Remuneration Tribunal may, on 34 the application of Racing NSW, redetermine the base amount 35 from time to time, with effect from the date of the 36 redetermination or such later date as the Tribunal may specify. 37 Page 6

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 [8] Section 11 1 Omit the section. Insert instead: 2 11 Duty of members to act in interests of public and industry 3 It is the duty of each appointed member of Racing NSW to act in 4 the public interest and in the interests of the horse racing industry 5 as a whole in New South Wales. 6 [9] Section 11A 7 Insert after section 11: 8 11A Code of conduct 9 (1) Racing NSW must, within 3 months after the commencement of 10 this section, adopt a code of conduct to be observed by members 11 and staff of Racing NSW. 12 (2) The code of conduct must include a statement of the duty of 13 members of Racing NSW under sections 11 (Duty of members to 14 act in interests of public and industry) and 21 (Disclosure of 15 pecuniary interests by members) and the obligations of Racing 16 NSW under section 21 in connection with disclosures under that 17 section. 18 (3) Racing NSW must review its code of conduct at least every 3 19 years and make such changes to it as it considers appropriate. 20 [10] Section 12 Personal liability 21 Insert "or the Appointments Panel" after "a member of Racing NSW". 22 [11] Section 12 (2) 23 Insert at the end of section 12: 24 (2) If this section prevents liability attaching to a person, the liability 25 attaches instead to Racing NSW. 26 [12] Section 13 Functions of Racing NSW 27 Insert after section 13 (1) (b): 28 (b1) such functions in relation to the business, economic 29 development and strategic development of the horse racing 30 industry in the State as are conferred or imposed by this 31 Act, 32 Page 7

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments [13] Section 13 (2) 1 Omit the subsection. Insert instead: 2 (2) The functions of Racing NSW are not limited by the Australian 3 Rules of Racing and are to be exercised independently of the 4 Australian Racing Board. 5 [14] Section 13, note 6 Omit the note to the section. 7 [15] Section 14 Powers of Racing NSW 8 Insert "nominated by Racing NSW" after "registered company auditor" in 9 section 14 (2) (s). 10 [16] Section 14B 11 Insert after section 14A: 12 14B Consultation and planning 13 (1) Racing NSW is to prepare business plans for its activities from 14 time to time. 15 (2) Racing NSW is to undertake formal consultation on a regular 16 basis with RICG and other horse racing industry stakeholders in 17 connection with the initiation, development and implementation 18 of policies for the promotion, strategic development and welfare 19 of the horse racing industry. 20 (3) Racing NSW is to prepare an initial strategic plan for the horse 21 racing industry within 12 months after the commencement of this 22 section and is to prepare a further strategic plan for the horse 23 racing industry every 3 years after the initial strategic plan is 24 prepared. Each strategic plan must be prepared in consultation 25 with RICG and other horse racing industry stakeholders. 26 (4) The annual report of Racing NSW is to include a progress report 27 on implementation of the business plan of Racing NSW and the 28 strategic plan for the horse racing industry over the period to 29 which the annual report relates. 30 [17] Section 15 Vacation of office 31 Omit "a voting member" from section 15 (1). 32 Insert instead "an appointed member". 33 Page 8

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 [18] Section 15 (1) (b) 1 Omit the paragraph. Insert instead: 2 (b) completes a term of office and is not reappointed, or 3 [19] Section 15 (2) and (3) 4 Omit section 15 (2)(4). Insert instead: 5 (2) The Minister may, on the recommendation of Racing NSW, 6 remove an appointed member of Racing NSW from office for 7 incapacity, incompetence, misbehaviour or a contravention of the 8 code of conduct adopted by Racing NSW under section 11A. 9 (3) The office of an appointed member of Racing NSW also becomes 10 vacant on the appointment by the Minister of new members of 11 Racing NSW on the nomination of the Appointments Panel 12 convened for the purpose of conducting a fresh recruitment 13 process for the membership of Racing NSW. 14 [20] Section 16 15 Omit the section. Insert instead: 16 16 Chairperson and Deputy Chairperson of Racing NSW 17 (1) The appointed members of Racing NSW are to elect a 18 Chairperson and Deputy Chairperson from among the appointed 19 members. Racing NSW may remove a person from office as 20 Chairperson or Deputy Chairperson of Racing NSW at any time. 21 (2) A person ceases to hold office as Chairperson or Deputy 22 Chairperson if he or she: 23 (a) resigns the office by instrument in writing addressed to 24 Racing NSW, or 25 (b) is removed from that office by Racing NSW, or 26 (c) ceases to hold office as a member of Racing NSW. 27 (3) The Chairperson or Deputy Chairperson does not cease to be a 28 member of Racing NSW merely because he or she ceases to be 29 Chairperson or Deputy Chairperson. 30 [21] Section 17 31 Omit the section. Insert instead: 32 17 Member vacancies to be filled 33 If the office of an appointed member becomes vacant, a person is, 34 subject to this Act, to be appointed to fill the vacancy. 35 Page 9

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments [22] Section 19 Procedure 1 Omit "voting members" from section 19 (2). 2 Insert instead "appointed members". 3 [23] Section 19 (5) 4 Omit section 19 (5) and (6). Insert instead: 5 (5) If the Appointments Panel is convened for the purpose of 6 conducting a fresh recruitment process for the membership of 7 Racing NSW, the appointed members of Racing NSW are 8 entitled to exercise their functions in a manner that is consistent 9 with any convention or practice as to the exercise of functions by 10 members of a body pending the appointment of a new 11 membership of the body. 12 [24] Section 20 Transaction of business outside meetings or by telephone 13 Omit "voting members" from section 20 (1). 14 Insert instead "appointed members". 15 [25] Section 20 (1) 16 Insert at the end of the subsection: 17 Email may be used to circulate papers among members and a 18 resolution approved by email is taken to have been approved in 19 writing. 20 [26] Section 25 Custody and affixing of seal 21 Omit the section. 22 [27] Section 28 Distribution of profit 23 Omit the section. 24 Page 10

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 [28] Part 2A 1 Insert after Part 2: 2 Part 2A Special functions of Racing NSW 3 Division 1 Directions and minimum standards 4 29A Power to set minimum standards for conduct of races and race 5 meetings 6 (1) Racing NSW may set minimum standards in connection with the 7 conduct by registered race clubs of races and race meetings, 8 including minimum standards with respect to the following: 9 (a) racecourse design and construction, 10 (b) racecourse facilities and amenities (including facilities and 11 amenities to be provided for patrons, such as grandstands 12 and other patron amenities), 13 (c) racehorse training facilities, 14 (d) the financial management of race meetings, including the 15 management of the costs of conducting race meetings, 16 (e) the fees and charges imposed by a race club in connection 17 with races conducted by the race club, 18 (f) prize money paid on races conducted by a race club, 19 (g) starters, appearance and other fees paid by a race club, 20 (h) such other matters relating to the conduct of races and race 21 meetings as may be prescribed by the regulations. 22 (2) Racing NSW may set minimum standards under this section in 23 any one or more (or any combination) of the following ways: 24 (a) by a direction in writing to race clubs, 25 (b) as a condition of the registration of race clubs, 26 (c) as a condition of the allocation of the dates on which race 27 clubs may conduct race meetings. 28 (3) Racing NSW is to consult with registered race clubs in relation to 29 any proposal to set minimum standards under this section and in 30 the course of that consultation must give a registered race club a 31 reasonable opportunity to be heard and to make submissions on 32 the proposal. 33 (4) Minimum standards may be set under this section even if they are 34 inconsistent with a provision of a by-law under any Act. In the 35 event of an inconsistency between minimum standards set under 36 Page 11

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments this section and a provision of such a by-law, those minimum 1 standards prevail to the extent of the inconsistency. 2 29B Race clubs to provide information and documents 3 Racing NSW may give a direction in writing to a registered race 4 club requiring the club to provide specified documents or furnish 5 specified information to Racing NSW within a time specified in 6 the direction, being documents or information that Racing NSW 7 considers will be of assistance in connection with the exercise of 8 its functions referred to in section 13 (1) (b), (b1) or (c) or 29A. 9 29C Sanctions for non-compliance by race club with directions and 10 minimum standards 11 (1) Racing NSW may impose any sanction authorised by this section 12 on a registered race club that Racing NSW is satisfied has: 13 (a) failed without reasonable excuse to comply with a 14 minimum standard set under section 29A, or 15 (b) failed without reasonable excuse to comply with a 16 direction given to the race club under section 29B. 17 (2) Each of the following sanctions is a sanction that Racing NSW 18 may impose under this section: 19 (a) a public admonishment of the race club, 20 (b) a requirement that the race club pay to Racing NSW a civil 21 penalty of up to 50 penalty units (or up to 100 penalty units 22 if the contravention or failure is the second or a subsequent 23 contravention or failure for which a civil penalty has been 24 imposed on the race club under this section), 25 (c) suspension or cancellation of the race club's registration. 26 (3) Racing NSW is not to impose a sanction under this section 27 without first giving the registered race club concerned notice in 28 writing of the proposed sanction and a reasonable opportunity to 29 be heard and to make submissions about the matter. 30 (4) Subsection (3) does not apply in respect of the imposition of a 31 sanction if Racing NSW is satisfied that the sanction must be 32 imposed as a matter of urgency because the contravention or 33 failure concerned poses a significant threat: 34 (a) to public health or safety, or 35 (b) to the financial wellbeing of the horse racing industry as a 36 whole in New South Wales. 37 (5) A sanction is imposed by giving notice in writing of the decision 38 to impose the sanction to the race club concerned. 39 Page 12

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 (6) A civil penalty imposed under this section may be recovered by 1 Racing NSW as a debt. 2 Division 2 Race broadcasting arrangements 3 29D Definitions 4 In this Division: 5 broadcasting arrangement means a contract, understanding or 6 other arrangement that: 7 (a) facilitates a racing body engaging in race broadcasting or 8 otherwise confers functions on a racing body in connection 9 with race broadcasting, or 10 (b) authorises or permits a person (other than a racing body) to 11 engage in race broadcasting or otherwise facilitates such a 12 person engaging in race broadcasting, or 13 (c) makes provision in respect of race broadcasting and is 14 prescribed by the regulations as a broadcasting 15 arrangement for the purposes of this Division. 16 race broadcasting means the broadcast, by means of a 17 broadcasting service (within the meaning of the Broadcasting 18 Services Act 1992 of the Commonwealth) or any other 19 telecommunications medium, of: 20 (a) the visual images or sound (or both) of any horse race 21 promoted, conducted or controlled by a racing body, or 22 (b) the call of any such horse race, 23 and includes the marketing and distribution of any such 24 broadcast. 25 racing body means: 26 (a) a race club, and 27 (b) the Provincial Association of New South Wales, Racing 28 NSW Country Limited or any other association or group of 29 race clubs, and 30 (c) such other body or group as may be prescribed by the 31 regulations. 32 29E Racing NSW approval required for race broadcasting 33 arrangements 34 (1) A racing body must not enter into a broadcasting arrangement 35 unless Racing NSW has given its prior approval in writing to the 36 proposed arrangement. Racing NSW may refuse to approve of a 37 proposed broadcasting arrangement if of the opinion that the 38 Page 13

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments arrangement is not in the best interests of the horse racing 1 industry as a whole in New South Wales. 2 (2) A broadcasting arrangement entered into in contravention of this 3 section is void. 4 (3) No compensation is payable by Racing NSW or the State in 5 connection with the refusal by Racing NSW to approve of a 6 proposed broadcasting arrangement. 7 (4) This section does not apply to the entering into of a broadcasting 8 arrangement before the commencement of this section but does 9 apply to the extension after that commencement of the term of a 10 broadcasting arrangement entered into before that 11 commencement (as if the extension of the term of the 12 arrangement constituted the entering into of a new broadcasting 13 arrangement). 14 (5) A racing body may authorise Racing NSW to negotiate and enter 15 into broadcasting arrangements on behalf of the racing body. 16 Except as provided by any such authorisation, this section does 17 not authorise Racing NSW to exercise any function of a racing 18 body with respect to the negotiation or entering into of 19 broadcasting arrangements by the racing body. 20 Note. This section has no effect on ownership of broadcasting rights. 21 (6) Any conduct of Racing NSW authorised under this section is 22 specifically authorised for the purposes of the Trade Practices 23 Act 1974 of the Commonwealth and the Competition Code of 24 New South Wales. 25 29F Procedure for approvals 26 (1) A proposed broadcasting arrangement must be submitted to 27 Racing NSW for approval not less than 30 days before the 28 broadcasting arrangement is proposed to be entered into, unless 29 Racing NSW otherwise determines in a particular case. 30 (2) A racing body must provide Racing NSW with such documents 31 and information as Racing NSW directs in connection with a 32 proposed broadcasting arrangement submitted for approval under 33 this section. 34 (3) Racing NSW is to consult with a racing body in relation to a 35 proposed broadcasting arrangement that the racing body submits 36 for approval under this Division and in the course of that 37 consultation must give the racing body a reasonable opportunity 38 to be heard and to make submissions on the proposal. 39 Page 14

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 (4) If Racing NSW refuses to approve of a proposed broadcasting 1 arrangement, Racing NSW must provide the racing body 2 concerned with a statement in writing of the reasons for the 3 refusal. 4 (5) The statement of reasons for the refusal must include the 5 following: 6 (a) a statement of the reasons why the proposed broadcasting 7 arrangement is not in the best interests of the horse racing 8 industry as a whole in New South Wales, 9 (b) if the refusal will have the effect of lessening 10 competition--a statement of the reasons why that 11 lessening of competition is in the best interests of the horse 12 racing industry as a whole in New South Wales. 13 29G Mediation of disputes 14 (1) If a person aggrieved by a decision of Racing NSW to refuse to 15 approve of a proposed broadcasting arrangement disputes the 16 decision, the person may request Racing NSW to refer the dispute 17 for mediation. 18 Note. Mediation is a structured negotiation process in which the 19 mediator, as a neutral and independent party, assists the parties to a 20 dispute to achieve their own resolution of the dispute. 21 (2) Racing NSW must refer the dispute for mediation before a 22 neutral and independent person within 14 days after the request 23 is made and must participate in good faith in the mediation. 24 (3) Racing NSW is not bound by any decision or finding of the 25 mediator. 26 (4) Mediation under this section is to be at the expense of Racing 27 NSW. 28 Division 3 Totalizator distribution arrangements 29 29H Definition of "Intra-Code agreement" 30 In this Division: 31 Intra-Code agreement means: 32 (a) the agreement titled "Intra-Code Deed" dated 3 March 33 1998 between the NSW Thoroughbred Racing Board, 34 AJC, Sydney Turf Club, Provincial Association of New 35 South Wales and NSW County Racing Council, as in force 36 from time to time, or 37 Page 15

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments (b) any other agreement to which Racing NSW is a party that 1 is prescribed by the regulations and that provides for the 2 distribution of money payable under commercial 3 arrangements for facilitating the conduct of totalizator 4 betting authorised by the Totalizator Act 1997. 5 29I Review of Intra-Code agreement 6 (1) Racing NSW may from time to time undertake a review of the 7 Intra-Code agreement for the purpose of ensuring that the 8 agreement is in the best interests of the horse racing industry as a 9 whole in New South Wales. 10 (2) Following such a review, Racing NSW may invite the other 11 parties to the Intra-Code agreement to submit a proposal (a 12 review proposal) for such changes to the agreement as may be 13 necessary or desirable for ensuring that the agreement remains in 14 the best interests of the horse racing industry as a whole in New 15 South Wales. 16 (3) The first review of the Intra-Code agreement under this section is 17 to be commenced within 6 months after the commencement of 18 this section. An invitation to submit a review proposal cannot be 19 made less than 3 years after any previous invitation for the 20 submission of a review proposal has been made under this 21 section. 22 29J Amendment of Intra-Code agreement 23 (1) If the parties (including Racing NSW) to the Intra-Code 24 agreement have not unanimously agreed to changes to the 25 agreement in response to a review proposal within 6 months after 26 the invitation to submit a review proposal is made, Racing NSW 27 may make a determination of the changes to the agreement that 28 Racing NSW considers to be necessary or desirable for ensuring 29 that the agreement remains in the best interests of the horse racing 30 industry as a whole in New South Wales. 31 (2) Racing NSW may then notify its determination to the other 32 parties to the Intra-Code agreement and direct that the changes to 33 the agreement specified in the determination are to have effect. 34 Those changes then have effect for all purposes as if the 35 Intra-Code agreement had been amended as provided in the 36 determination by agreement of the parties, but do not take effect 37 until the beginning of the next financial year. 38 (3) This section does not limit or otherwise affect the ability of the 39 parties to the Intra-Code agreement to agree to make changes to 40 the agreement. 41 Page 16

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 Division 4 Appeal and review 1 29K Definition 2 In this Division: 3 appeal body means the Administrative Decisions Tribunal or the 4 Racing Appeals Tribunal, as appropriate to an appeal or review 5 provided for by this Division. 6 29L Appeal or review on procedural grounds 7 For the purposes of this Division, an appeal against, or a review 8 of, a decision on procedural grounds is an appeal or review: 9 (a) on the grounds that any procedure required to be followed 10 by this Act in connection with the making of the decision 11 was not properly followed, or 12 (b) on the grounds of denial of procedural fairness in 13 connection with the making of the decision. 14 29M Appeal or review by Racing Appeals Tribunal or ADT 15 (1) A person aggrieved by a decision of Racing NSW to impose a 16 sanction under section 29C (2) (a) or (b) may appeal against the 17 decision to the Racing Appeals Tribunal under section 15 of the 18 Racing Appeals Tribunal Act 1983 on procedural grounds. 19 (2) No appeal lies to the Racing Appeals Tribunal against a decision 20 of Racing NSW to impose a sanction under section 29C (2) (c), 21 despite section 15 of the Racing Appeals Tribunal Act 1983. 22 (3) A person aggrieved by a decision of Racing NSW under 23 Division 2 (Race broadcasting arrangements) or 3 (Totalizator 24 distribution arrangements) may apply to the Administrative 25 Decisions Tribunal for a review of the decision on procedural 26 grounds. 27 Note. This section does not prevent the taking of administrative review 28 proceedings in the Supreme Court. 29 29N Procedure on appeal or review 30 (1) Despite any provision of the Administrative Decisions Tribunal 31 Act 1997 or the Racing Appeals Tribunal Act 1983, the 32 jurisdiction of the appeal body on an appeal or review under this 33 Division is limited to an appeal or review on procedural grounds. 34 Page 17

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments (2) On the appeal or review, the appeal body may set aside the 1 decision concerned if satisfied that any of the grounds of appeal 2 or review are made out. 3 (3) The appeal body does not have jurisdiction on the appeal or 4 review to substitute its own decision for that of Racing NSW. 5 [29] Part 3 6 Omit the Part. Insert instead: 7 Part 3 Racing Industry Consultation Group 8 30 Establishment of RICG 9 There is established by this Act a committee called the Racing 10 Industry Consultation Group. The committee may also be called 11 RICG. 12 31 Membership 13 (1) RICG is to consist of the following members: 14 (a) one person to represent the AJC, being the chief executive 15 officer of the AJC, 16 (b) one person to represent the Sydney Turf Club, being the 17 chief executive officer of the Sydney Turf Club, 18 (c) one person who is an elected official of and nominated by 19 Unions NSW, 20 (d) one person to represent the Provincial Association of New 21 South Wales, being the Chairperson of the Provincial 22 Association of New South Wales, 23 (e) one person to represent the Country Racing Council 24 Limited, being the chairperson of the Board of Directors of 25 the Country Racing Council Limited, 26 (f) one person who is an elected official of and nominated by 27 an eligible industry body to represent the interests of 28 owners of thoroughbred racehorses, 29 (g) one person who is an elected official of and nominated by 30 an eligible industry body to represent the interests of 31 breeders of thoroughbred racehorses, 32 Page 18

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 (h) one person who is an elected official of and nominated by 1 an eligible industry body to represent the interests of 2 licensed trainers, 3 (i) one person who is an elected official of and nominated by 4 an eligible industry body to represent the interests of 5 licensed jockeys and apprentice jockeys. 6 (2) The Minister is to determine from time to time the body that is the 7 eligible industry body for the purposes of subsection (1) (f), (g), 8 (h) or (i). The Minister is to consult with Racing NSW on 9 determinations made by the Minister under this subsection. 10 (3) A person may be appointed as an alternate of a member, to act as 11 that member during the absence or illness of, or during a vacancy 12 in the office of, the member. 13 (4) An alternate is to be appointed by the body that the member 14 represents or (in the case of a member who is nominated by a 15 body) appointed by the nominating body. 16 (5) An alternate, while acting as a member, is taken to be a member 17 and has and may exercise the functions of the member for whom 18 he or she is the alternate. 19 (6) If a body referred to in subsection (1) changes its name or ceases 20 to exist, the Minister may, by order published in the Gazette, 21 direct that a reference in this section to the body is to be read as a 22 reference to the body under its changed name or to a specified 23 body that appears to the Minister to be the body's successor. 24 32 Eligibility for membership 25 (1) A person is not eligible to be a member of RICG if the person: 26 (a) is a member of the Appointments Panel, or 27 (b) is currently, or during the previous 10 years has been, 28 warned off, disqualified or named on the Forfeits List 29 under the Australian Rules of Racing, or 30 (c) during the previous 10 years has been convicted in New 31 South Wales of an offence that is punishable by 32 imprisonment for 12 months or more, or convicted 33 elsewhere than in New South Wales of an offence that, if 34 committed in New South Wales, would be an offence so 35 punishable, or 36 (d) is an undischarged bankrupt or is taking advantage of the 37 laws in force for the time being relating to bankruptcy, or 38 (e) is a mentally incapacitated person. 39 Page 19

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments (2) A person is not eligible to be appointed as a member of RICG 1 unless the person has been the subject of a probity check by 2 Racing NSW. 3 33 Membership is honorary 4 The members of RICG are honorary members and no 5 remuneration is payable to them in respect of the duties they 6 perform as members. The members are however entitled to be 7 reimbursed by Racing NSW for reasonable expenses (such as for 8 travel or accommodation) that they may incur in attending 9 meetings of RICG. 10 34 Functions of RICG 11 (1) RICG has the function of consulting with and making 12 recommendations to Racing NSW on matters concerning horse 13 racing in the State. 14 (2) Recommendations made by RICG to Racing NSW are to be 15 made in writing and tabled at the next meeting of Racing NSW or 16 may be presented in person at that meeting by the Chairperson of 17 RICG. 18 (3) Racing NSW is to respond to RICG in writing in relation to any 19 such recommendations within a reasonable time after they are 20 received. If Racing NSW does not support a recommendation 21 made by RICG the response by Racing NSW is to include its 22 reasons for not supporting the recommendation. 23 (4) The Chairperson of RICG is to provide a report on the work and 24 activities of RICG for inclusion in the annual report of Racing 25 NSW. 26 35 Vacation of office 27 (1) The office of a member of RICG becomes vacant if the member: 28 (a) dies, or 29 (b) resigns the office by instrument in writing addressed to 30 Racing NSW and RICG, or 31 (c) is absent from 2 consecutive meetings of RICG of which 32 reasonable notice has been given to the member personally 33 or in the ordinary course of post, except on leave granted 34 by RICG or unless, before the expiration of 4 weeks after 35 the last of those meetings, the member is excused by RICG 36 for having been absent from those meetings, or 37 (d) becomes a person who is not eligible to be a member, or 38 Page 20

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 (e) is a member on the nomination of a body and that 1 nomination is withdrawn by the body or the body ceases to 2 exist, or 3 (f) is removed from office under subsection (2). 4 (2) The Minister may, on the recommendation of RICG, remove a 5 member of RICG from office for incapacity, incompetence or 6 misbehaviour. 7 36 Chairperson and Deputy Chairperson of RICG 8 (1) RICG is to elect a Chairperson from among its members. RICG 9 may also elect a Deputy Chairperson from among its members. 10 RICG may remove a person from office as Chairperson or 11 Deputy Chairperson of RICG at any time. 12 (2) A person ceases to hold office as Chairperson or Deputy 13 Chairperson if he or she: 14 (a) resigns the office by instrument in writing addressed to 15 Racing NSW and RICG, or 16 (b) is removed from that office by RICG, or 17 (c) ceases to hold office as a member of RICG. 18 (3) To be elected or removed from office as Chairperson or Deputy 19 Chairperson requires a simple majority of the members present 20 and voting at a meeting of RICG at which a quorum is present. 21 (4) The Chairperson or Deputy Chairperson does not cease to be a 22 member of RICG merely because he or she ceases to be 23 Chairperson or Deputy Chairperson. 24 37 Member vacancies to be filled 25 When the office of a member of RICG becomes vacant, a person 26 is to be nominated to fill the vacancy in the same way as the 27 person whose office has become vacant was nominated. 28 38 Procedure 29 (1) RICG may regulate its proceedings as it considers appropriate, 30 subject to this section. 31 (2) The quorum for a meeting of RICG is a majority in number of the 32 members for the time being. 33 (3) RICG must meet at least 12 times in each year unless RICG 34 otherwise determines. 35 Page 21

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments (4) The Chairperson or, in the absence of the Chairperson, the 1 Deputy Chairperson is to preside at a meeting of RICG. If neither 2 the Chairperson nor Deputy Chairperson is present at a meeting, 3 the members present may elect one of their number to preside at 4 the meeting. The person presiding at a meeting has a deliberative 5 vote and, in the event of an equality of votes, has a second or 6 casting vote. 7 (5) A decision supported by a majority of the votes cast at a meeting 8 of RICG at which a quorum is present is the decision of RICG. 9 39 Meetings with Racing NSW 10 (1) In addition to any other meetings that RICG may hold, RICG 11 must hold a meeting not less than 12 times in each year with one 12 or more members of Racing NSW at least one of whom is the 13 Chairperson or the Chief Executive of Racing NSW. 14 (2) The number of meetings required by this section can be changed 15 by agreement between Racing NSW and RICG. 16 (3) The minutes of a meeting under this section are to be circulated 17 among both the members of RICG and the members of Racing 18 NSW. 19 40 Administrative support 20 Racing NSW is to provide such reasonable administrative 21 support as may be required to enable RICG to exercise its 22 functions. 23 41 Personal liability 24 (1) A matter or thing done or omitted to be done by RICG or a 25 member of RICG or any person acting under the direction of 26 RICG does not, if the matter or thing was done or omitted to be 27 done in good faith for the purpose of executing this Act, subject 28 the member or a person so acting personally to any action, 29 liability, claim or demand. 30 (2) If this section prevents liability attaching to a person, the liability 31 attaches instead to Racing NSW. 32 [30] Section 53 Review of Act 33 Omit section 53 (2). Insert instead: 34 (2) A review under this section is to be undertaken as soon as 35 possible after the period of 5 years from the date of assent to the 36 Thoroughbred Racing Amendment Act 2008. 37 Page 22

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 [31] Schedule 1 Savings and transitional provisions 1 Insert at the end of clause 3 (1): 2 Thoroughbred Racing Amendment Act 2008 3 [32] Schedule 1, Part 9 4 Insert after Part 8 of Schedule 1: 5 Part 9 Provisions consequent on enactment of 6 Thoroughbred Racing Amendment Act 7 2008 8 35 Definition 9 In this Part: 10 2008 amending Act means the Thoroughbred Racing 11 Amendment Act 2008. 12 36 Transitional arrangements for appointment of new membership of 13 Racing NSW 14 (1) For the purpose of facilitating the appointment of the members of 15 Racing NSW in accordance with section 6 as substituted by the 16 2008 amending Act (referred to in this clause as the new 17 members of Racing NSW) with effect from the commencement 18 of that section: 19 (a) the Appointments Panel provided for by section 7 (as 20 substituted by the 2008 amending Act) may be convened, 21 and any function of the Appointments Panel may be 22 exercised, before that commencement as if the whole of 23 the 2008 amending Act had commenced on the date of 24 assent to that Act, and 25 (b) the level of scrutiny for the probity check of persons to be 26 nominated for appointment as new members of Racing 27 NSW is to be as determined by the Minister in consultation 28 with Racing NSW, and 29 (c) the Minister may, pursuant to a nomination made by the 30 Appointments Panel before that commencement, appoint 31 the new members of Racing NSW before that 32 commencement, with the appointments to take effect on 33 that commencement. 34 (2) As soon as practicable after the commencement of this clause, the 35 Minister is to convene the Appointments Panel for the purpose of 36 Page 23

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments nominating persons for appointment as the new members of 1 Racing NSW as provided by this clause. 2 (3) Any period of office as a voting member of Racing NSW before 3 the substitution of section 6 by the 2008 amending Act counts as 4 a period of office as an appointed member of Racing NSW for the 5 purposes of section 6 (4) (which provides that a person is not 6 eligible to hold office as an appointed member of Racing NSW 7 for more than 8 years in total). 8 (4) Despite subclause (3) and section 6 (4), a person holding office 9 as a member of Racing NSW on the commencement of this 10 clause can (if otherwise eligible) be appointed as a new member 11 of Racing NSW for a period of up to 4 years. This subclause does 12 not limit the operation of section 6 (4) in relation to any 13 subsequent appointment of the person as a member of Racing 14 NSW. 15 37 Transitional arrangements for appointment of membership of 16 RICG 17 (1) For the purpose of facilitating the appointment of the members of 18 RICG in accordance with Part 3 (as substituted by the 2008 19 amending Act) with effect from the commencement of that Part, 20 determinations and nominations may be made under and for the 21 purposes of section 31 (as substituted by the 2008 amending Act), 22 before that commencement as if the whole of the 2008 amending 23 Act had commenced on the date of assent to that Act. 24 (2) As soon as practicable after the commencement of this clause, the 25 Minister is to call for nominations for the purpose of nominating 26 persons for appointment as members of RICG as provided by this 27 clause. 28 38 Former members of Racing NSW 29 (1) On the commencement of section 6 (as substituted by the 2008 30 amending Act) the persons holding office as members of Racing 31 NSW immediately before that commencement cease to hold 32 office as members. 33 (2) A person who ceases to hold office pursuant to this clause is not 34 entitled to compensation because of that loss of office. 35 (3) Neither this clause nor the substitution of section 6 by the 2008 36 amending Act affects: 37 (a) the continuity of existence of Racing NSW as a body 38 corporate established by this Act, or 39 Page 24

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 (b) the continuity of operation of any decision made or other 1 action taken by the members of Racing NSW before 2 ceasing to hold office under this clause, or 3 (c) the continuity of employment of the Chief Executive and 4 other members of staff of Racing NSW. 5 39 Dissolution of RIPAC 6 (1) On the commencement of Part 3 (as substituted by the 2008 7 amending Act): 8 (a) the Racing Industry Participants Advisory Committee is 9 dissolved, and 10 (b) the persons holding office as members of that committee 11 cease to hold office as members. 12 (2) A person who ceases to hold office pursuant to this clause is not 13 entitled to compensation because of that loss of office. 14 40 Distribution of profits to Consolidated Fund 15 Any profits of Racing NSW not distributed to the Consolidated 16 Fund in compliance with section 28 before the repeal of that 17 section by the 2008 amending Act are not required to be 18 distributed to the Consolidated Fund. 19 41 Functions of members during caretaker period 20 (1) On and from the date of introduction into Parliament of the Bill 21 for the 2008 amending Act, the members of Racing NSW who 22 hold office before the substitution of section 6 by that Act are 23 entitled to exercise their functions in a manner that is consistent 24 with any convention or practice as to the exercise of functions by 25 members of a body pending the appointment of a new 26 membership of the body. 27 (2) This clause is taken to have operated from that date of 28 introduction. 29 Page 25

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments [33] Schedule 2 1 Insert after Schedule 1: 2 Schedule 2 Provisions relating to members and 3 procedure of Appointments Panel 4 (Section 7) 5 1 Membership of Appointments Panel 6 (1) The Appointments Panel is to consist of the following members 7 (who are to be appointed as members by the Minister): 8 (a) one person of the Minister's own choosing, who is to act 9 as Probity Adviser to the Panel, 10 (b) one person who is an elected official of and nominated by 11 the AJC, 12 (c) one person who is an elected official of and nominated by 13 the Sydney Turf Club, 14 (d) one person who is an elected official of and nominated by 15 Unions NSW, 16 (e) one person who is an elected official of and nominated by 17 the Provincial Association of New South Wales, 18 (f) one person who is an elected official of and nominated by 19 Country Racing Council Limited, 20 (g) one person who is an elected official of and nominated by 21 an eligible industry body to represent the interests of 22 owners of thoroughbred racehorses, 23 (h) one person who is an elected official of and nominated by 24 an eligible industry body to represent the interests of 25 breeders of thoroughbred racehorses, 26 (i) one person who is an elected official of and nominated by 27 an eligible industry body to represent the interests of 28 licensed trainers, 29 (j) one person who is an elected official of and nominated by 30 an eligible industry body to represent the interests of 31 licensed jockeys and apprentice jockeys. 32 (2) The member appointed to act as Probity Adviser to the 33 Appointments Panel does not have a vote at meetings of the 34 Appointments Panel. 35 Page 26

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 (3) The Minister is to determine from time to time the body that is the 1 eligible industry body for the purposes of subclause (1) (g), (h), 2 (i) or (j). The Minister is to consult with Racing NSW on 3 determinations made by the Minister under this subclause. 4 (4) The Minister may give directions as to the manner in which and 5 the time within which nominations are to be made for the 6 purposes of the appointment of members of an Appointments 7 Panel. 8 (5) If a body fails to make a nomination for the appointment of a 9 person as a member of an Appointments Panel in the manner and 10 within the time directed by the Minister, the appointment is not 11 to be made and the Appointments Panel is nevertheless properly 12 constituted. 13 (6) If a body required to make a nomination changes its name or 14 ceases to exist, the Minister may permit the functions of the body 15 under this clause to be exercised by the body under its changed 16 name or by a body that appears to the Minister to be the body's 17 successor. 18 (7) In this clause: 19 elected official of a body means a person who holds an office in 20 the body, or in the governing body of the body, to which the 21 person has been elected. 22 2 Eligibility for membership of Panel 23 (1) A person is not eligible to be a member of the Appointments 24 Panel if the person: 25 (a) is a member of RICG, or 26 (b) is currently, or during the previous 10 years has been, 27 warned off, disqualified or named on the Forfeits List 28 under the Australian Rules of Racing, or 29 (c) during the previous 10 years has been convicted in New 30 South Wales of an offence that is punishable by 31 imprisonment for 12 months or more, or convicted 32 elsewhere than in New South Wales of an offence that, if 33 committed in New South Wales, would be an offence so 34 punishable, or 35 (d) is an undischarged bankrupt or is taking advantage of the 36 laws in force for the time being relating to bankruptcy, or 37 (e) is a mentally incapacitated person. 38 Page 27

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments (2) A person is not eligible to be appointed as a member of the 1 Appointments Panel unless the person has been the subject of a 2 probity check by Racing NSW. 3 3 Period for which Appointments Panel is convened 4 The Appointments Panel is to be convened for such period as 5 may be necessary for the Panel to make the nominations for 6 which it was convened. 7 4 Conditions of office 8 (1) The conditions on which a member of the Appointments Panel 9 holds office are to be as determined by the Minister. 10 (2) The members of the Appointments Panel other than the Probity 11 Adviser are honorary members and no remuneration is payable to 12 them in respect of the duties they perform as members. The 13 members are however entitled to be reimbursed by Racing NSW 14 for reasonable expenses (such as for travel or accommodation) 15 that they may incur in attending meetings of the Appointments 16 Panel. 17 (3) The Probity Adviser is entitled to be paid remuneration as 18 determined by the Minister. 19 5 Chairperson of Panel 20 (1) The Appointments Panel is to elect a Chairperson from among its 21 members. 22 (2) The Appointments Panel may remove a person from office as 23 Chairperson of the Panel at any time. 24 (3) A person ceases to hold office as Chairperson if the person: 25 (a) resigns the office by instrument in writing addressed to the 26 Minister and the Appointments Panel, or 27 (b) is removed from that office by the Appointments Panel, or 28 (c) ceases to hold office as a member of the Appointments 29 Panel. 30 (4) To be elected or removed from office as Chairperson requires a 31 simple majority of the members present and voting at a meeting 32 of the Appointments Panel at which a quorum is present. 33 (5) The Chairperson does not cease to be a member of the 34 Appointments Panel merely because he or she ceases to be 35 Chairperson. 36 Page 28

Thoroughbred Racing Amendment Bill 2008 Amendments Schedule 1 6 Casual vacancies 1 (1) A member of the Appointments Panel vacates office if the 2 member: 3 (a) dies, or 4 (b) resigns the office by instrument in writing addressed to the 5 Minister and the Panel, or 6 (c) is absent from 2 consecutive meetings of the Panel of 7 which reasonable notice has been given to the member 8 personally or by post, except on leave granted by the Panel 9 or unless, before the expiration of 4 weeks after the last of 10 those meetings, the member is excused by the Panel for 11 having been absent from those meetings, or 12 (d) becomes bankrupt, applies to take the benefit of any law 13 for the relief of bankrupt or insolvent debtors, compounds 14 with his or her creditors or makes an assignment of his or 15 her remuneration for their benefit, or 16 (e) becomes a mentally incapacitated person, or 17 (f) is convicted in New South Wales of an offence that is 18 punishable by imprisonment for 12 months or upwards or 19 is convicted elsewhere than in New South Wales of an 20 offence that if committed in New South Wales would be an 21 offence so punishable, or 22 (g) becomes a person who is not eligible to be a member, or 23 (h) is a member on the nomination of a body and that 24 nomination is withdrawn by the body or the body ceases to 25 exist, or 26 (i) is removed from office by the Minister under 27 subclause (2). 28 (2) The Minister may, on the recommendation of the Appointments 29 Panel, remove a member of the Panel from office for incapacity, 30 incompetence or misbehaviour. 31 7 Filling of vacancy in office of member 32 When the office of a member of the Appointments Panel 33 becomes vacant, a person is to be appointed to fill the vacancy in 34 the same way (and on the same nomination) as the person whose 35 office has become vacant was appointed. 36 Page 29

Thoroughbred Racing Amendment Bill 2008 Schedule 1 Amendments 8 Procedure at meetings 1 (1) The Appointments Panel may regulate its proceedings as it 2 considers appropriate, subject to this clause. 3 (2) The quorum for a meeting of the Panel is a majority of its 4 members. 5 (3) The Chairperson is to preside at a meeting of the Panel. 6 (4) If the Chairperson is not present at a meeting, the members 7 present may elect one of their number to preside at the meeting. 8 (5) The person presiding at a meeting has a deliberative vote only. 9 (6) A decision supported by a majority of the votes cast at a meeting 10 of the Appointments Panel at which a quorum is present is the 11 decision of the Panel, subject to subclause (7). 12 (7) A decision of the Appointments Panel to nominate a person for 13 appointment as a member of Racing NSW requires a decision 14 supported by a two-thirds majority of the votes cast at a meeting 15 of the Appointments Panel at which a quorum is present. 16 9 Administrative support 17 Racing NSW is to provide administrative support to the 18 Appointments Panel including by meeting the reasonable costs of 19 engaging a recruitment consultant to assist the Panel in the 20 exercise of its functions. 21 Page 30

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