New South Wales Consolidated Acts
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RACING ADMINISTRATION ACT 1998 - SECT 4
Definitions
4 Definitions
(1) In this Act:
"approved body" means: (a) a non-proprietary association, or
(b) a local
council, or
(c) a reserve trust constituted under Division 4 of Part 5 of the
Crown Lands Act 1989 .
"authorised betting auditorium" means a betting auditorium authorised by the
Minister under section 24.
"authorised sports betting bookmaker" means a licensed bookmaker who is
authorised to take bets under section 19.
"betting auditorium" means premises that are used for betting or wagering on
horse races, harness races, greyhound races or sports betting events.
"bookmaker" includes any person who: (a) carries on the business of, or who
acts as, a bookmaker, bookmaker’s clerk or turf commission agent, or
(b)
gains, or endeavours to gain, a livelihood wholly or partly by betting or
making wagers.
"Committee" means the Bookmakers Revision Committee constituted by section
26C.
"controlling 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 or the Greyhound and Harness Racing Regulatory
Authority (or both), as appropriate, and
(c) in relation to greyhound
racing-Greyhound Racing New South Wales or the Greyhound and Harness Racing
Regulatory Authority (or both), as appropriate.
Note: See subsection (2).
Generally speaking, Harness Racing New South Wales and Greyhound Racing New
South Wales (which do not represent the Crown and are not subject to direction
or control by or on behalf of the Government) are responsible for commercial
governance matters, and the Greyhound and Harness Racing Regulatory Authority
(which does represent the Crown and is subject to Ministerial direction and
control) is responsible for regulatory matters.
"exercise" a function includes perform a duty.
"function" includes a duty.
"licensed bookmaker" means a person who is authorised by a controlling body to
carry on bookmaking.
"licensed racecourse" means a racecourse licensed under this Act.
"licensee" means the approved body that holds a racecourse licence.
"meeting for greyhound racing" means any meeting at which greyhound racing (ie
racing between greyhounds in competitive pursuit of a lure activated by
mechanical means) is carried on.
"meeting for harness racing" means any meeting at which harness racing is
carried on.
"meeting for horse racing" means any meeting (other than a
meeting for harness racing) at which horse racing is carried on.
"non-proprietary association" means a corporation, club, or other
unincorporated body of persons, formed for the purpose of promoting and
conducting race meetings, the constitution of which: (a) provides for the
application of profits, if any, and other income of the corporation, club or
body to the promotion of its objects, and
(b) prohibits the payment of any
dividends to the shareholders or members of the corporation, club or body,
and
that is registered as a racing club by the controlling body responsible for
the type of racing conducted by the corporation, club or body.
"race meeting" means a meeting for horse racing, meeting for greyhound racing
or meeting for harness racing.
"racecourse" means any land that is used to hold or conduct a race meeting.
"racecourse licence" means a licence in force under this Act that authorises
race meetings to be held at the racecourse in respect of which the licence is
issued.
"racing club" includes an association of racing clubs.
"sports betting authority" means an authority under section 19.
"sports betting event" means an event or class of event declared by the
Minister to be a sports betting event or class of sports betting events under
section 18.
"trial meeting" means a race meeting held for the purposes of enabling horses
or greyhounds to compete in a training race or in a trial.
(2) For the
purposes of paragraphs (b) and (c) of the definition of
"controlling body" in subsection (1): (a) the appropriate body in relation to
a particular function of the controlling body under this Act is to be
determined by reference to the functions conferred or imposed on the bodies
specified in those paragraphs by the Acts under which those bodies are
constituted, and
(b) if it is not clear, or there is a dispute as to, which
of those bodies is the appropriate body in any particular case, the Minister
may, by order in writing, determine the appropriate body for that case, and
any such determination is final and conclusive.
(3) Notes included in this
Act do not form Part of this Act.
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