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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Thoroughbred Racing Further
Amendment Bill 2008
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Thoroughbred Racing Act 1996 No 37 2
4 Amendment of Thoroughbred Racing Amendment Act 2008
No 63 2
5 Repeal of Act 2
Schedule 1 Amendment of Thoroughbred Racing Act 1996 3
Schedule 2 Amendment of Thoroughbred Racing Amendment Act 2008 10
b2008-124-20.d08
New South Wales
Thoroughbred Racing Further
Amendment Bill 2008
No , 2008
A Bill for
An Act to amend the Thoroughbred Racing Act 1996 to make further provision for
the membership of Racing NSW; and for other purposes.
Clause 1 Thoroughbred Racing Further Amendment Bill 2008
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Thoroughbred Racing Further 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 following provisions of this Act commence on the date of assent to 7
this Act: 8
(a) Schedule 1 [6] and [7], 9
(b) Schedule 2. 10
3 Amendment of Thoroughbred Racing Act 1996 No 37 11
The Thoroughbred Racing Act 1996 is amended as set out in 12
Schedule 1. 13
4 Amendment of Thoroughbred Racing Amendment Act 2008 No 63 14
The Thoroughbred Racing Amendment Act 2008 is amended as set out 15
in Schedule 2. 16
5 Repeal of Act 17
(1) This Act is repealed on the day following the day on which all of the 18
provisions of the Act have commenced. 19
(2) The repeal of this Act does not, because of the operation of section 30 20
of the Interpretation Act 1987, affect any amendment made by this Act. 21
Page 2
Thoroughbred Racing Further Amendment Bill 2008
Amendment of Thoroughbred Racing Act 1996 Schedule 1
Schedule 1 Amendment of Thoroughbred Racing 1
Act 1996 2
(Section 3) 3
[1] Section 3 Definitions 4
Insert in alphabetical order in section 3 (1): 5
appointed member means a member of Racing NSW other than 6
the Chief Executive. 7
eligible industry body means a body determined to be an eligible 8
industry body for the time being under section 31 (2). 9
RICG means the Racing Industry Consultation Group 10
established by this Act. 11
Selection Panel means the Selection Panel established under 12
section 7. 13
[2] Sections 69 14
Omit the sections. Insert instead: 15
6 Membership 16
(1) Racing NSW is to consist of the Chief Executive and 5 appointed 17
members appointed as follows: 18
(a) 5 members recommended for appointment by the 19
Selection Panel under section 7 and appointed by the 20
Minister to give effect to the recommendation of the 21
Selection Panel, unless the appointment is to fill a casual 22
vacancy under paragraph (b), 23
(b) the appointment of a member to fill a casual vacancy (a 24
vacancy in the office of an appointed member occurring 25
other than by reason of the completion of the member's 26
term of office) is to be made by the Minister on the 27
nomination of Racing NSW. 28
(2) A person is not eligible to be an appointed member of Racing 29
NSW if the person: 30
(a) is an employee of a race club or racing association, or 31
(b) is a member of the governing body of a race club or 32
eligible industry body, or 33
(c) holds a licence issued by Racing NSW or by a racing 34
association, or 35
Page 3
Thoroughbred Racing Further Amendment Bill 2008
Schedule 1 Amendment of Thoroughbred Racing Act 1996
(d) is registered by or with the Greyhound and Harness Racing 1
Regulatory Authority under the Greyhound and Harness 2
Racing Administration Act 2004, or 3
(e) is currently, or during the previous 10 years has been, 4
warned off, disqualified or named on the Forfeits List 5
under the Australian Rules of Racing, or 6
(f) during the previous 10 years has been convicted in New 7
South Wales of an offence that is punishable by 8
imprisonment for 12 months or more, or convicted 9
elsewhere than in New South Wales of an offence that, if 10
committed in New South Wales, would be an offence so 11
punishable, or 12
(g) is an undischarged bankrupt or is taking advantage of the 13
laws in force for the time being relating to bankruptcy, or 14
(h) is a mentally incapacitated person. 15
(3) A person is not eligible to be appointed as a member of Racing 16
NSW if the person is a member of the Selection Panel at the time 17
the Selection Panel makes its recommendation for the 18
appointment concerned. 19
(4) A person is not eligible to hold office as an appointed member of 20
Racing NSW for more than 8 years in total (whether or not 21
involving consecutive terms of office). 22
(5) The Chief Executive does not have a vote at meetings of Racing 23
NSW. 24
(6) While a person is an appointed member of Racing NSW, any 25
entitlement of the person to vote as a member of a race club or of 26
an eligible industry body is suspended. 27
7 Selection Panel 28
(1) The Minister is to establish a Selection Panel to recommend 29
persons for appointment as members of Racing NSW and to 30
recommend the term of office of appointed members. 31
(2) The Selection Panel must recommend only the number of persons 32
required to be appointed (no more and no fewer) and must 33
recommend a term of office for each person recommended. 34
(3) The Selection Panel must not recommend a person for 35
appointment as a member of Racing NSW unless the Panel is 36
satisfied that the person has experience in a senior administrative 37
role or experience at a senior level in one or more of the fields of 38
business, finance, law, marketing, technology, commerce, 39
regulatory administration or regulatory enforcement. 40
Page 4
Thoroughbred Racing Further Amendment Bill 2008
Amendment of Thoroughbred Racing Act 1996 Schedule 1
(4) Before recommending a person for appointment as a member of 1
Racing NSW, the Selection Panel must conduct a probity check 2
of the person (with the level of scrutiny as determined by the 3
Minister). The Minister is to appoint a Probity Adviser to assist 4
the Selection Panel to conduct probity checks. 5
(5) The Selection Panel is to choose between candidates for 6
recommendation for appointment as a member of Racing NSW 7
on the basis of merit, with merit to be determined on the basis of 8
a candidate's abilities, qualifications, experience and personal 9
qualities that are relevant to the performance of the duties of 10
membership of Racing NSW. 11
8 Term of office of members 12
(1) An appointed member of Racing NSW is to be appointed to hold 13
office (subject to this Act) for a period of up to 4 years 14
recommended by the Selection Panel under section 7, unless the 15
appointment is to fill a casual vacancy. 16
(2) An appointed member appointed to fill a casual vacancy (a 17
vacancy in the office of an appointed member occurring other 18
than by reason of the completion of the member's term of office) 19
is to be appointed for the balance of the term of office of the 20
member's predecessor. 21
9 Review of appointments process 22
(1) The Minister is to review the operation of sections 68 to 23
determine whether their policy objectives remain valid and 24
whether their terms remain appropriate for securing those 25
objectives. 26
(2) The review is to be undertaken as soon as possible after the period 27
of 3 years from the date of assent to the Thoroughbred Racing 28
Further Amendment Act 2008. 29
(3) A report on the outcome of the review is to be tabled in each 30
House of Parliament within 12 months after the end of the period 31
of 3 years. 32
[3] Section 12 Personal liability 33
Insert "or the Selection Panel" after "a member of Racing NSW". 34
Page 5
Thoroughbred Racing Further Amendment Bill 2008
Schedule 1 Amendment of Thoroughbred Racing Act 1996
[4] Section 15 Vacation of office 1
Omit section 15 (2)(4). Insert instead: 2
(2) The Minister may, on the recommendation of Racing NSW, 3
remove an appointed member of Racing NSW from office for 4
incapacity, incompetence, misbehaviour or a contravention of the 5
code of conduct adopted by Racing NSW under section 11A. 6
[5] Section 19 Procedure 7
Omit section 19 (5) and (6). 8
[6] Schedule 1 Savings and transitional provisions 9
Insert at the end of clause 3 (1): 10
Thoroughbred Racing Further Amendment Act 2008 11
[7] Schedule 1, Part 9 12
Omit the Part. Insert instead: 13
Part 9 Provisions consequent on 2008 14
amendments 15
35 Definitions 16
In this Part: 17
2008 amending Act means the Thoroughbred Racing 18
Amendment Act 2008. 19
2008 further amending Act means the Thoroughbred Racing 20
Further Amendment Act 2008. 21
36 Transitional arrangements for appointment of new membership of 22
Racing NSW 23
(1) For the purpose of facilitating the appointment of the members of 24
Racing NSW in accordance with section 6 as substituted by the 25
2008 further amending Act (referred to in this clause as the new 26
members of Racing NSW) with effect from the commencement 27
of that section: 28
(a) the Selection Panel provided for by section 7 (as 29
substituted by the 2008 further amending Act) may be 30
established, and any function of the Selection Panel may 31
be exercised, before that commencement as if the whole of 32
the 2008 further amending Act had commenced on the date 33
of assent to that Act, and 34
Page 6
Thoroughbred Racing Further Amendment Bill 2008
Amendment of Thoroughbred Racing Act 1996 Schedule 1
(b) the Minister may appoint a Probity Adviser under 1
section 7 (as substituted by the 2008 further amending 2
Act), and any function of the Probity Adviser may be 3
exercised, before that commencement as if the whole of 4
the 2008 further amending Act had commenced on the date 5
of assent to that Act, and 6
(c) the Minister may, pursuant to a recommendation made by 7
the Selection Panel before that commencement, appoint 8
the new members of Racing NSW before that 9
commencement, with the appointments to take effect on 10
that commencement. 11
(2) As soon as practicable after the commencement of this clause, the 12
Minister is to establish the Selection Panel for the purpose of 13
recommending persons for appointment as the new members of 14
Racing NSW as provided by this clause and recommending their 15
term of office. 16
(3) Any period of office as a voting member of Racing NSW before 17
the substitution of section 6 by the 2008 further amending Act 18
counts as a period of office as an appointed member of Racing 19
NSW for the purposes of section 6 (4) (which provides that a 20
person is not eligible to hold office as an appointed member of 21
Racing NSW for more than 8 years in total). 22
(4) Despite subclause (3) and section 6 (4), a person holding office 23
as a member of Racing NSW on the commencement of this 24
clause can (if otherwise eligible) be appointed as a new member 25
of Racing NSW for a period of up to 4 years. This subclause does 26
not limit the operation of section 6 (4) in relation to any 27
subsequent appointment of the person as a member of Racing 28
NSW. 29
37 Transitional arrangements for appointment of membership of 30
RICG 31
(1) For the purpose of facilitating the appointment of the members of 32
RICG in accordance with Part 3 (as substituted by the 2008 33
amending Act) with effect from the commencement of that Part, 34
determinations and nominations may be made under and for the 35
purposes of section 31 (as substituted by the 2008 amending Act), 36
before that commencement as if the whole of the 2008 amending 37
Act had commenced on the date of assent to that Act. 38
(2) As soon as practicable after the commencement of this clause, the 39
Minister is to call for nominations for the purpose of nominating 40
persons for appointment as members of RICG as provided by this 41
clause. 42
Page 7
Thoroughbred Racing Further Amendment Bill 2008
Schedule 1 Amendment of Thoroughbred Racing Act 1996
38 Former members of Racing NSW 1
(1) On the commencement of section 6 (as substituted by the 2008 2
further amending Act) the persons holding office as members of 3
Racing NSW immediately before that commencement cease to 4
hold office as members. 5
(2) A person who ceases to hold office pursuant to this clause is not 6
entitled to compensation because of that loss of office. 7
(3) Neither this clause nor the substitution of section 6 by the 2008 8
further amending Act affects: 9
(a) the continuity of existence of Racing NSW as a body 10
corporate established by this Act, or 11
(b) the continuity of operation of any decision made or other 12
action taken by the members of Racing NSW before 13
ceasing to hold office under this clause, or 14
(c) the continuity of employment of the Chief Executive and 15
other members of staff of Racing NSW. 16
39 Dissolution of RIPAC 17
(1) On the commencement of Part 3 (as substituted by the 2008 18
amending Act): 19
(a) the Racing Industry Participants Advisory Committee is 20
dissolved, and 21
(b) the persons holding office as members of that committee 22
cease to hold office as members. 23
(2) A person who ceases to hold office pursuant to this clause is not 24
entitled to compensation because of that loss of office. 25
40 Distribution of profits to Consolidated Fund 26
Any profits of Racing NSW not distributed to the Consolidated 27
Fund in compliance with section 28 before the repeal of that 28
section by the 2008 amending Act are not required to be 29
distributed to the Consolidated Fund. 30
41 Functions of members during caretaker period 31
(1) On and from the date of introduction into Parliament of the Bill 32
for the 2008 amending Act, the members of Racing NSW who 33
hold office before the substitution of section 6 by the 2008 further 34
amending Act are entitled to exercise their functions in a manner 35
that is consistent with any convention or practice as to the 36
exercise of functions by members of a body pending the 37
appointment of a new membership of the body. 38
Page 8
Thoroughbred Racing Further Amendment Bill 2008
Amendment of Thoroughbred Racing Act 1996 Schedule 1
(2) This clause is taken to have operated from that date of 1
introduction. 2
41A Dissolution of Appointments Panel 3
(1) On the date of assent to the 2008 further amending Act: 4
(a) the Appointments Panel is dissolved, and 5
(b) the persons holding office as members of the 6
Appointments Panel cease to hold office as members. 7
(2) A person who ceases to hold office pursuant to this clause is not 8
entitled to compensation because of that loss of office. 9
(3) The exercise of any function of the Appointments Panel before 10
the date of assent to the 2008 further amending Act (including the 11
nomination of any person for appointment as a member of Racing 12
NSW) is of no effect. 13
Page 9
Thoroughbred Racing Further Amendment Bill 2008
Schedule 2 Amendment of Thoroughbred Racing Amendment Act 2008
Schedule 2 Amendment of Thoroughbred Racing 1
Amendment Act 2008 2
(Section 4) 3
[1] Schedule 1 Amendments 4
Omit Schedule 1 [2][4], [10], [19], [23] and [33]. 5
[2] Schedule 1 [29] 6
Omit "Appointments Panel" from proposed section 32 (1) (a). 7
Insert instead "Selection Panel". 8
Page 10
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