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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Thoroughbred Racing Amendment
Bill 2011
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Thoroughbred Racing Act 1996 No 37 3
b2011-109-94.d10
New South Wales
Thoroughbred Racing Amendment
Bill 2011
No , 2011
A Bill for
An Act to amend the Thoroughbred Racing Act 1996 to make further provision with
respect to the membership of Racing New South Wales.
Clause 1 Thoroughbred Racing Amendment Bill 2011
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Thoroughbred Racing Amendment Act 2011. 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) Schedule 1 [11] and [12] commence on the date of assent to this Act. 7
Page 2
Thoroughbred Racing Amendment Bill 2011
Amendment of Thoroughbred Racing Act 1996 No 37 Schedule 1
Schedule 1 Amendment of Thoroughbred Racing 1
Act 1996 No 37 2
[1] Section 6 Membership 3
Omit section 6 (1). Insert instead: 4
(1) Racing NSW is to consist of the Chief Executive and 7 other 5
members appointed by the Minister from time to time. 6
(1A) The Minister is to appoint members as follows: 7
(a) except as provided by paragraph (b)--each person 8
appointed must be selected from a recommended members 9
list that is provided to the Minister by the Selection Panel 10
under section 7 in relation to the vacancy or vacancies 11
concerned, 12
(b) in the case of any casual vacancy (a vacancy in the office 13
of an appointed member occurring other than by reason of 14
the completion of the member's term of office)--each 15
person appointed must be selected from a list of persons 16
recommended for appointment to fill the vacancy or 17
vacancies concerned that is provided to the Minister by 18
Racing NSW. 19
(1B) The number of persons listed in a list of persons recommended 20
for appointment to fill any casual vacancy or vacancies must be 21
more than the number of persons required to fill the vacancy or 22
vacancies concerned. 23
Note. See section 7 (2) (c) for a comparable requirement in relation to 24
lists provided by the Selection Panel. 25
[2] Section 6 (2) (a) and (b) 26
Omit the paragraphs. Insert instead: 27
(a) is currently, or during the previous 12 months has been, an 28
employee of a race club, racing association or eligible 29
industry body, or 30
(b) is currently, or during the previous 12 months has been, a 31
member of the governing body of a race club, racing 32
association or eligible industry body, or 33
Page 3
Thoroughbred Racing Amendment Bill 2011
Schedule 1 Amendment of Thoroughbred Racing Act 1996 No 37
[3] Section 7 1
Omit the section. Insert instead: 2
7 Selection Panel 3
(1) The Minister is to establish a Selection Panel: 4
(a) to prepare and provide to the Minister a list of persons 5
recommended for appointment as members of Racing 6
NSW when any vacancies arise (a recommended members 7
list), and 8
(b) to prepare and provide to the Minister a list of persons 9
recommended for appointment as the Chairperson or 10
Deputy Chairperson of Racing NSW when any vacancies 11
arise, and 12
(c) to recommend the terms of office for persons included in 13
any such list. 14
(2) A list provided to the Minister under this section: 15
(a) must list the persons recommended for appointment and 16
recommend terms of office for the persons listed, and 17
(b) may list persons as being recommended for appointment 18
both as members of Racing NSW and as the Chairperson 19
or Deputy Chairperson of Racing NSW, and 20
(c) must list more persons than the number of persons required 21
to fill the vacancy or vacancies concerned. 22
(3) The Selection Panel must not include a person in a recommended 23
members list unless the Panel is satisfied that the person has 24
experience in a senior administrative role or experience at a 25
senior level in one or more of the fields of business, finance, law, 26
marketing, technology, commerce, regulatory administration or 27
regulatory enforcement. 28
(4) Before including a person in a recommended members list, the 29
Selection Panel must conduct a probity check of the person (with 30
the level of scrutiny as determined by the Minister). The Minister 31
is to appoint a Probity Adviser to assist the Selection Panel to 32
conduct probity checks. 33
(5) The Selection Panel is to choose between candidates for inclusion 34
in a list to be provided under this section on the basis of merit, 35
with merit to be determined on the basis of a candidate's abilities, 36
qualifications, experience and personal qualities that are relevant 37
to the performance of the duties of membership of Racing NSW 38
or the duties of the Chairperson or Deputy Chairperson (as the 39
case requires). 40
Page 4
Thoroughbred Racing Amendment Bill 2011
Amendment of Thoroughbred Racing Act 1996 No 37 Schedule 1
(6) The Selection Panel must not include a person in a recommended 1
members list if the Panel is satisfied that the person has a direct 2
or indirect pecuniary interest in any matter that gives rise (or is 3
likely to give rise) to a conflict of interest of a nature that is 4
incompatible with membership of Racing NSW. 5
(7) The term of office for which the Minister may appoint a person 6
selected from a list provided under this section may (but need 7
not) be the term of office recommended by the Selection Panel. 8
[4] Section 8 Term of office of members 9
Omit "recommended by the Selection Panel under section 7" from 10
section 8 (1). 11
[5] Section 9 Review of appointments process 12
Omit the section. 13
[6] Section 15 Vacation of office 14
Insert "or (3)" after "subsection (2)" in section 15 (1) (f). 15
[7] Section 15 (3) and (4) 16
Insert after section 15 (2): 17
(3) The Minister may also remove an appointed member from office 18
if the Minister is satisfied that the member has: 19
(a) contravened section 21 (Disclosure of pecuniary interests 20
by members), or 21
(b) a direct or indirect pecuniary interest in any matter that 22
gives rise (or is likely to give rise) to a conflict of interest 23
of a nature that is incompatible with continued 24
membership of Racing NSW. 25
(4) The Minister may not remove a member from office under 26
subsection (3) unless the Minister has first given the member an 27
opportunity to show cause why the member should not be 28
removed from office. 29
[8] Section 16 30
Omit the section. Insert instead: 31
16 Chairperson and Deputy Chairperson of Racing NSW 32
(1) The Minister is to appoint one of the appointed members of 33
Racing NSW as the Chairperson of Racing NSW and another 34
appointed member as the Deputy Chairperson of Racing NSW. 35
Page 5
Thoroughbred Racing Amendment Bill 2011
Schedule 1 Amendment of Thoroughbred Racing Act 1996 No 37
(2) The Minister must select persons for appointment as the 1
Chairperson or Deputy Chairperson to a vacancy in any of those 2
offices from a list of persons recommended for appointment as 3
such that is provided to the Minister by the Selection Panel under 4
section 7 in relation to the vacancy concerned. 5
(3) The appointment of a person as the Chairperson or Deputy 6
Chairperson may be made by the relevant instrument of 7
appointment of the person as an appointed member or by another 8
instrument executed by the Minister. 9
(4) The Chairperson or Deputy Chairperson is to be appointed to 10
hold office (subject to this Act) for a period of up to 4 years, 11
unless the Chairperson or Deputy Chairperson sooner vacates 12
office as such. 13
(5) The Minister may remove a person from office as the 14
Chairperson or Deputy Chairperson at any time. 15
(6) A person ceases to hold office as Chairperson or Deputy 16
Chairperson if he or she: 17
(a) resigns the office by instrument in writing addressed to the 18
Minister, or 19
(b) is removed from that office by the Minister, or 20
(c) ceases to hold office as a member of Racing NSW. 21
(7) The Chairperson or Deputy Chairperson does not cease to be a 22
member of Racing NSW merely because he or she ceases to be 23
Chairperson or Deputy Chairperson. 24
[9] Section 21 Disclosure of pecuniary interests by members 25
Omit "must not, unless Racing NSW otherwise determines" from 26
section 21 (4). 27
Insert "must not". 28
[10] Section 21 (5) 29
Omit the subsection. 30
[11] Schedule 1 Savings and transitional provisions 31
Insert at the end of clause 3 (1): 32
Thoroughbred Racing Amendment Act 2011 33
Page 6
Thoroughbred Racing Amendment Bill 2011
Amendment of Thoroughbred Racing Act 1996 No 37 Schedule 1
[12] Schedule 1, Part 11 1
Insert after Part 10: 2
Part 11 Provisions consequent on enactment of 3
Thoroughbred Racing Amendment Act 4
2011 5
43 Definitions 6
In this Part: 7
amending Act means the Thoroughbred Racing Amendment Act 8
2011. 9
introduction day means the day on which the Bill for the 10
amending Act was first introduced into Parliament. 11
new Chairperson of Racing NSW--see clause 44 (1). 12
new Deputy Chairperson of Racing NSW--see clause 44 (1). 13
new members of Racing NSW--see clause 44 (1). 14
reconstitution day means the day on which Schedule 1 [1] to the 15
amending Act commences. 16
44 Transitional arrangements for appointment of new membership of 17
Racing NSW 18
(1) For the purpose of facilitating the appointment of the members of 19
Racing NSW in accordance with section 6 as amended by the 20
amending Act (the new members of Racing NSW) and the 21
appointment of a Chairperson and Deputy Chairperson in 22
accordance with section 16 as substituted by the amending Act 23
(the new Chairperson and new Deputy Chairperson of Racing 24
NSW) with effect from the reconstitution day: 25
(a) the Selection Panel provided for by section 7 (as 26
substituted by the amending Act) may be established, and 27
any function of the Selection Panel may be exercised, 28
before the reconstitution day as if the whole of the 29
amending Act had commenced on the date of assent to that 30
Act, and 31
(b) the Minister may appoint a Probity Adviser under section 32
7 (as substituted by the amending Act), and any function of 33
the Probity Adviser may be exercised, before the 34
reconstitution day as if the whole of the amending Act had 35
commenced on the date of assent to that Act, and 36
Page 7
Thoroughbred Racing Amendment Bill 2011
Schedule 1 Amendment of Thoroughbred Racing Act 1996 No 37
(c) the Minister may, pursuant to a list provided to the 1
Minister before the reconstitution day, appoint the new 2
members of Racing NSW and the new Chairperson and 3
new Deputy Chairperson of Racing NSW before the 4
reconstitution day, with the appointments to take effect on 5
that day. 6
(2) As soon as practicable after the commencement of this clause, the 7
Minister is to establish the Selection Panel for the purpose of 8
providing to the Minister a list of persons recommended for 9
appointment as the new members of Racing NSW and the new 10
Chairperson and new Deputy Chairperson of Racing NSW, as 11
provided by this clause, and recommending their terms of office. 12
45 Former members, Chairperson and Deputy Chairperson of Racing 13
NSW 14
(1) On the reconstitution day: 15
(a) each person holding office as an appointed member of 16
Racing NSW immediately before that day ceases to hold 17
that office, and 18
(b) each person holding office as the Chairperson or Deputy 19
Chairperson of Racing NSW immediately before that day 20
ceases to hold that office. 21
(2) Any person who ceases to hold an office by operation of this 22
clause: 23
(a) is not entitled to any remuneration or compensation 24
because of loss of that office, and 25
(b) is eligible (if otherwise qualified and subject to sections 6 26
and 16 as amended or substituted by the amending Act) to 27
be appointed as a new member of Racing NSW and, if so 28
appointed, also to be appointed as the new Chairperson or 29
new Deputy Chairperson of Racing NSW. 30
(3) Neither this clause nor any amendment made by the amending 31
Act to section 6 or 16 affects: 32
(a) the continuity of existence of Racing NSW as a body 33
corporate established by this Act, or 34
(b) the continuity of operation of any decision made or other 35
action taken by the members (or the Chairperson or 36
Deputy Chairperson) of Racing NSW before ceasing to 37
hold office under this clause, or 38
(c) the continuity of employment of the Chief Executive and 39
other members of staff of Racing NSW. 40
Page 8
Thoroughbred Racing Amendment Bill 2011
Amendment of Thoroughbred Racing Act 1996 No 37 Schedule 1
46 Functions of members during caretaker period 1
(1) On and from the introduction day, the members of Racing NSW 2
who hold office before the reconstitution day are entitled to 3
exercise their functions in a manner that is consistent with any 4
convention or practice as to the exercise of functions by members 5
of a body pending the appointment of a new membership of the 6
body. 7
(2) This clause is taken to have had effect on and from the 8
introduction day. 9
Page 9
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