New South Wales Consolidated Acts

RACING ADMINISTRATION ACT 1998 - SECT 4

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.