New South Wales Consolidated Acts New South Wales Consolidated Acts(Section 50)
In this Schedule:
"AJC" means the club known as the Australian Jockey Club as referred to in the
Australian Jockey Club Act 1873 .
"assets" means any legal or equitable estate or interest (whether present or
future and whether vested or contingent) in real or personal property of any
description (including money), and includes securities, choses in action and
documents.
"instrument" means an instrument (other than this Act) that creates, modifies
or extinguishes rights or liabilities (or would do so if lodged, filed or
registered in accordance with any law), and includes any judgment, order or
process of a court.
"liabilities" means any liabilities, debts and obligations (whether present or
future and whether vested or contingent).
"rights" means all rights, powers, privileges and immunities (whether present
or future and whether vested or contingent).
"transfer day" means:
(a) in relation to any asset, right or liability transferred by or under this Schedule, the day on which the transfer occurs, or
(b) in relation to an employee of the AJC who becomes an employee of the AJCPC by operation of this Schedule, the day on which that occurs.
(1) The AJCPC is not authorised to exercise any of its functions under this Act until the Minister has by order published in the Gazette authorised it to assume those functions. Such an order takes effect on the day it is published in the Gazette or on such later day as may be specified in the order.
(2) More than one order may be made under this clause at different times so as to authorise the AJCPC to assume different functions at different times.
(3) The operation of the whole of Part 4 (Appeal Panel) of this Act is deferred until the AJCPC is authorised (as provided by this clause) to exercise its functions under that Part. The repeal by this Act of section 32 (Appeals) of the Australian Jockey Club Act 1873 does not have effect until the AJCPC is authorised (as provided by this clause) to exercise its functions under Part 4 of this Act.
(4) Until any particular function is authorised to be exercised by the AJCPC, the function (to the extent that it is a function of the AJC immediately before the commencement of this clause) remains a function of the AJC and may continue to be exercised by the AJC until the AJCPC is authorised to assume it by order under this clause.
(5) An amendment made by Schedule 2 that operates to confer a function on the AJCPC or remove a function from the AJC does not have effect until that function is authorised (as provided by this clause) to be exercised by the AJCPC.
(6) The AJC does not cease to have a function under section 13 (3) while the function may, under this clause, continue to be exercised by the AJC.
(1) The regulations may include provisions of a savings or transitional nature consequent on the enactment of:this ActAJC Principal Club Amendment Act 1997Thoroughbred Racing Board Amendment Act 1998Thoroughbred Racing Board Further Amendment Act 1999Racing Legislation Amendment (Bookmakers) Act 2002Thoroughbred Racing Legislation Amendment Act 2004Thoroughbred Racing Amendment Act 2008Thoroughbred Racing Further Amendment Act 2008Thoroughbred Racing Amendment Act 2011
(2) In particular, the regulations may include provision to delay or defer the operation of any specified provisions of this Act in relation to specified matters or matters of a specified kind.
(3) A provision of a regulation authorised by this clause may, if the regulations so provide, take effect on the date of assent to the Act concerned or a later date.
(4) To the extent to which a provision of a regulation authorised by this clause takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate:(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or(b) to impose liabilities on any person (other than the State or an authority of the State), in respect of anything done or omitted to be done before the date of its publication.
(1) As soon as practicable after the commencement of this clause, the Minister is to call for nominations for the first membership of the AJCPC and RIPAC.
(2) Nominations are to be in writing addressed to the Minister.
(3) The Minister may give directions generally for facilitating the constitution of the first membership of the AJCPC and RIPAC.
(4) The AJCPC and RIPAC are formally constituted for the purposes of this Act on a day ( "the constitution day") appointed by the Minister by notice published in the Gazette. The Minister can appoint a day as the constitution day even if all the members of the AJCPC or RIPAC have not been nominated by that day.Constitution day appointed for AJCPC: 18.10.1996-see Gazette No 117 of 18.10.1996, p 7065. Constitution day appointed for RIPAC: 23.8.1996-see Gazette No 97 of 23.8.1996, p 4932.
(5) The terms of office of the first members of the AJCPC and RIPAC begin on the constitution day but the terms of office of those first members are extended by the period between the constitution day and the day appointed by the Minister under subclause (6).
(6) The Minister may by notice published in the Gazette appoint a day as the day on which the AJCPC is fully operational for the purposes of this Act (even if the AJCPC has not assumed all of its functions by that date).
The term of office of the first members of the Board who, under this clause as in force before its repeal by the Thoroughbred Racing Board Amendment Act 1999 , were nominated to hold office for 2 years is extended so as to expire instead at midnight on a date to be determined by order of the Minister, being no later than 30 June 2001, and notified in the Gazette.
In this Part:
"principal club functions" means functions of the kind referred to in section
13 (1).
The object of this Part is to facilitate the transfer to the AJCPC of assets, rights, liabilities and employees of the AJC that are concerned with the exercise of principal club functions, while ensuring that:
(a) the proprietary interests of the AJC are preserved or justly compensated (to the extent that those interests are beneficially owned by the AJC), and
(b) employees of the AJC whose employment is concerned with the exercise of principal club functions are treated fairly.
It is the duty of the AJC to do everything necessary to facilitate the operation of this Part. That duty includes the duty to give the AJCPC information and access to records, documents and any other source of information however compiled, recorded or stored.
(1) The AJCPC may enter into an agreement or agreements with the AJC providing for the transfer from the AJC to the AJCPC of assets, rights, liabilities and employees of the AJC that are concerned with the exercise of principal club functions. Such an agreement is referred to in this Part as a transfer agreement and operates to transfer the assets, rights, liabilities and employees concerned in accordance with the terms of the transfer agreement.
(2) The regulations can direct the transfer from the AJC to the AJCPC of assets, rights, liabilities and employees of the AJC that are concerned with the exercise of principal club functions. Such a regulation operates to transfer the assets, rights, liabilities or employees concerned in accordance with the terms of the regulation.
(3) A transfer effected by a transfer agreement or by regulation under this clause is without consideration or compensation except such consideration or compensation as may be provided for by the transfer agreement or regulation.
(4) The AJC must not transfer or otherwise deal with any asset that is concerned with the exercise of principal club functions, except with the consent of the AJCPC. Consent may be given under this subclause on a case by case basis or for a class of cases, as the AJCPC thinks fit.
(5) A regulation under this clause takes effect on the day following the last day on which it is capable of being disallowed under section 41 of the Interpretation Act 1987 (as modified by subclause (6)) or on such later day as may be specified in the regulation.
(6) Despite section 41 of the Interpretation Act 1987 , a resolution by a House of Parliament to disallow a regulation under this clause does not have effect unless the resolution is passed within 15 sitting days of the House after written notice of the making of the regulation is laid before that House under section 40 of that Act.
(1) The following provisions have effect with respect to any asset, right or liability transferred by operation of this Part:(a) the asset vests in the AJCPC by virtue of this clause and without the need for any conveyance, transfer, assignment or assurance,(b) the right or liability becomes by virtue of this clause the right or liability of the AJCPC,(c) all proceedings relating to the asset, right or liability commenced before the transfer day by or against the AJC and pending immediately before the transfer day are taken to be proceedings pending by or against the AJCPC,(d) any act, matter or thing done or omitted to be done in relation to the asset, right or liability before the transfer day by, to or in respect of the AJC is (to the extent that the act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the AJCPC,(e) a reference in any Act, in any instrument made under any Act or in any document of any kind to the AJC is (to the extent that it relates to the asset, right or liability but subject to any regulations under this Schedule) to be read as, or as including, a reference to the AJCPC.
(2) The operation of this Part is not to be regarded:(a) as a breach of contract or confidence or otherwise as a civil wrong, or(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or(c) as giving rise to any remedy by a party to a contract or instrument, or as causing or permitting the termination of any contract or instrument, because of a change in the beneficial or legal ownership of any asset, right or liability, or(d) as an event of default under any contract or instrument.
(3) No attornment to the AJCPC by a lessee from the AJC is required.
(1) An employee of the AJC who is transferred by operation of this Part is to be regarded for all purposes as having become an employee of the AJCPC, in accordance with the terms of transfer, on the transfer day.
(2) Subject to any of the terms of transfer, the terms and conditions (including as to remuneration or duration of employment) on which a person becomes an employee of the AJCPC by operation of this Part are the same as those on which he or she was an employee of the AJC immediately before the transfer day.
(3) Such part of the employee’s remuneration as is salary or wages is subject to any adjustment necessary to give effect to any fluctuation in the applicable basic wage in force under Part 2 of Chapter 2 of the Industrial Relations Act 1991 until the salary is, or the wages are, lawfully varied.
(4) The employee retains any rights to annual leave, leave in the nature of long service leave and sick leave accrued or accruing to the person as an AJC employee. The employee’s entitlement to any such leave is to be calculated:(a) for such part of any period during which that leave accrued or was accruing as occurred before the transfer day, at the rate for the time being applicable to the person (as an AJC employee) before that day, and(b) for such part of that period as occurred after the transfer day, at the rate for the time being applicable to the person (as an employee of the AJCPC) after that day.
(5) Service with the AJC is taken to be service with the AJCPC for the purposes of the accrual of leave as an employee of the AJCPC.
(6) An AJC employee who becomes an employee of the AJCPC by operation of this Part:(a) is not entitled to receive any payment or other benefit merely because the person ceases to be an AJC employee, and(b) is not entitled to claim dual benefits of the same kind for the same period of service.
The provisions of any enterprise agreement applicable to an AJC employee immediately before the employee is transferred by operation of this Part to employment of the AJCPC continue to apply to the employee as an employee of the AJCPC during the term of the agreement. The AJCPC is, for the purposes of this clause, taken to be a party to the enterprise agreement.
A transfer agreement or an instrument executed only for a purpose ancillary to or consequential on the operation of this Part or the purpose of giving effect to this Part:
(a) is not chargeable with stamp duty, and
(b) is exempt from payment of any other fee or charge that would otherwise be payable under any other Act in respect of the registration of any such instrument.
The continuity of the Rules of Racing is not affected by this Act. The local rules of racing made by the AJC (as in force immediately before the AJC ceases to exercise the function of making and amending local rules of racing) are taken to have been made by the AJCPC (once the AJCPC has assumed the function of making and amending those rules).
Any appeal pending under section 32 of the Australian Jockey Club Act 1873 immediately before the AJCPC assumes its functions under Part 4 (Appeal Panel) is to continue and be heard and determined and the decision on the appeal given effect to as if this Act had not been enacted.
Anything done or commenced by or in relation to the AJC in respect of a function that the AJC ceases to exercise because of this Act has effect after the function is assumed by the AJCPC under this Act as if it had been done or commenced by or in relation to the AJCPC.
Note: An existing delegation to a racing association by the AJC and licences issued by the AJC are examples of matters that this clause applies to.
(1) The amendments made to section 13 (1) (a) and 13 (3) by the AJC Principal Club Amendment Act 1997 are taken to have commenced on the date of assent to this Act.
(2) Clauses 21 and 22 of this Schedule are taken to have commenced on the date of assent to this Act.
(3) Anything done before the commencement of this clause that could have been validly done had the amendments made by the AJC Principal Club Amendment Act 1997 been in force at the time that it was done is taken to have been validly done.
(1) The substitution of section 4 by the AJC Principal Club Amendment Act 1997 effects the alteration of the name of the AJC Principal Club in terms of section 53 of the Interpretation Act 1987 and accordingly that section applies.
(2) A reference in Parts 1 to 4 of this Schedule to the AJCPC is to be read as a reference to the Board, except in relation to matters that occurred before that alteration took place.
Note: Section 53 of the Interpretation Act 1987 provides that if an Act alters the name of a body or office:(a) the body or office continues in existence under its new name so that its identity is not affected, and(b) a reference in any Act or instrument, or in any other document, to the body or office under its former name is to be read as a reference to the body or office under its new name (except in relation to matters that occurred before the alteration took place).
(1) Section 7 (1) (b1) and (b2) (as inserted by the AJC Principal Club Amendment Act 1997 ) apply only to nominations of members of the Board that are made on or after the commencement of those provisions.
(2) A member of the Board who holds office under a nomination made before the commencement of section 7 (1) (b1) or (b2) does not cease to hold office by reason of becoming a person who is not eligible to be a member because of those provisions.
Section 16 (4) (as substituted by the AJC Principal Club Amendment Act 1997 ) applies only in respect of an election or removal from office as Chairperson or Deputy Chairperson on or after its substitution.
A reference in clauses 2, 14 and 16 of this Schedule to the AJC includes a reference to the committee of the AJC.
(1) The reference in clause 15 of this Schedule to any appeal pending under section 32 of the Australian Jockey Club Act 1873 includes a reference to any appeal pending under the Rules of Racing.
(2) The Racing Appeals Tribunal Act 1983 continues to apply to and in respect of a decision referred to in section 15 of that Act (as in force immediately before its amendment by Schedule 2 of this Act), whether made before or after the date of assent to this Act.
An appeal from a decision of the Board that is pending immediately before the commencement of Schedule 1 [2] to the Thoroughbred Racing Board Amendment Act 1998 is to continue to be heard and determined, and the decision on the appeal given effect to, as if that Act had not been enacted.
In this Part:
"amending Act" means the Thoroughbred Racing Board Further Amendment Act 1999
.
"new Board" means the Board as constituted by section 6, as substituted by the
amending Act.
"old Board" means the Board as constituted immediately before the commencement
of Schedule 1 [2] to the amending Act.
The new Board is a continuation of, and the same legal entity as, the old Board.
(1) The Minister is:(a) to determine, by order published in the Gazette, the industry bodies that may nominate the persons who are to be the first members of the new Board referred to in section 6 (1) (e), and those that may nominate the persons referred to in section 6 (1) (f), and the criteria on which those members are to be nominated, and(b) to call for nominations for the first nominated members of the new Board.
(2) The nominations are to be in writing addressed to the Minister.
(3) As soon as practicable after the commencement of Schedule 1 [2] to the amending Act, the nominated members of the Board:(a) are to commission at least 2 recruitment agencies to identify candidates with suitable expertise to hold the office of Chairperson, and(b) are to hold a meeting for the purpose of selecting, by majority vote, the first Chairperson of the new Board from those candidates.
(4) Until the first Chairperson of the new Board takes office, the nominated members of the Board have and may exercise the functions of the Board and are taken to be the Board.
(5) The Minister may give directions generally for facilitating the constitution of the first membership of the new Board.
(1) The terms of office of the first members (other than the Chairperson and any additional members) of the new Board are taken to begin on the day that Schedule 1 [2] to the amending Act commences.
(2) Half of the first nominated members of the new Board are to be nominated to have a term of office of 2 years (instead of the 4 year term provided for by section 9).
(3) The nominators referred to in section 6 (1) (a)-(f) are to draw lots to determine which of the members that they nominate to the first membership of the new Board are to be nominated to have a 2 year term of office.
(1) On the commencement of Schedule 1 [2] to the amending Act, a person (other than the Chief Executive) who held office as a member of the old Board:(a) ceases to hold that office, and(b) is eligible (if otherwise qualified) to hold office as a member of the new Board.
(2) A person who so ceases to hold office is not entitled to any remuneration or compensation because of the loss of that office.
(3) If a nominated member of the old Board becomes a nominated member of the new Board, any term of office served as member of the old Board is not to be counted for the purposes of section 7 (4).
In this Part:
"amending Act" means the Thoroughbred Racing Legislation Amendment Act 2004 .
In any Act (other than this Act) or instrument, a reference to the Thoroughbred Racing Board Act 1996 is to be read as a reference to the Thoroughbred Racing Act 1996 .
(1) The substitution of section 4 by the amending Act effects the alteration of the name of the NSW Thoroughbred Racing Board in terms of section 53 of the Interpretation Act 1987 and accordingly that section applies.
(2) A reference in Parts 1 to 7 of this Schedule to the Board is to be read as a reference to Racing NSW, except in relation to matters that occurred before that alteration took place.
Note: Section 53 of the Interpretation Act 1987 provides that if an Act alters the name of a body or office:(a) the body or office continues in existence under its new name so that its identity is not affected, and(b) a reference in any Act or instrument, or in any other document, to the body or office under its former name is to be read as a reference to the body or office under its new name (except in relation to matters that occurred before the alteration took place).
In section 14AA, as inserted by the amending Act, a reference to a conviction includes a reference to:
(a) a conviction that occurred before the commencement of that section, and
(b) a conviction for an offence committed before the commencement of that section.
The amendments to section 31 made by the amending Act do not affect the office of a member of RIPAC holding office under section 31 (1) (c) of the Act immediately before its substitution by the amending Act and do not take effect with respect to RIPAC until that member vacates office under this Act.
(1) Section 42 (1A), as inserted by the amending Act, does not apply in respect of decisions referred to in that subsection that were made before the commencement of that subsection.
(2) This Act continues to apply in respect of an appeal made to the Appeal Panel before the commencement of an amendment made by the amending Act as if the amendment had not been enacted.
In this
Part:
"2008 amending Act" means the Thoroughbred Racing Amendment Act 2008 .
"2008 further amending Act" means the Thoroughbred Racing Further Amendment
Act 2008 .
(1) For the purpose of facilitating the appointment of the members of Racing NSW in accordance with section 6 as substituted by the 2008 further amending Act (referred to in this clause as the "new members of Racing NSW") with effect from the commencement of that section:(a) the Selection Panel provided for by section 7 (as substituted by the 2008 further amending Act) may be established, and any function of the Selection Panel may be exercised, before that commencement as if the whole of the 2008 further amending Act had commenced on the date of assent to that Act, and(b) the Minister may appoint a Probity Adviser under section 7 (as substituted by the 2008 further amending Act), and any function of the Probity Adviser may be exercised, before that commencement as if the whole of the 2008 further amending Act had commenced on the date of assent to that Act, and(c) the Minister may, pursuant to a recommendation made by the Selection Panel before that commencement, appoint the new members of Racing NSW before that commencement, with the appointments to take effect on that commencement.
(2) As soon as practicable after the commencement of this clause, the Minister is to establish the Selection Panel for the purpose of recommending persons for appointment as the new members of Racing NSW as provided by this clause and recommending their term of office.
(3) Any period of office as a voting member of Racing NSW before the substitution of section 6 by the 2008 further amending Act counts as a period of office as an appointed member of Racing NSW for the purposes of section 6 (4) (which provides that a person is not eligible to hold office as an appointed member of Racing NSW for more than 8 years in total).
(4) Despite subclause (3) and section 6 (4), a person holding office as a member of Racing NSW on the commencement of this clause can (if otherwise eligible) be appointed as a new member of Racing NSW for a period of up to 4 years. This subclause does not limit the operation of section 6 (4) in relation to any subsequent appointment of the person as a member of Racing NSW.
(1) For the purpose of facilitating the appointment of the members of RICG in accordance with Part 3 (as substituted by the 2008 amending Act) with effect from the commencement of that Part, determinations and nominations may be made under and for the purposes of section 31 (as substituted by the 2008 amending Act), before that commencement as if the whole of the 2008 amending Act had commenced on the date of assent to that Act.
(2) As soon as practicable after the commencement of this clause, the Minister is to call for nominations for the purpose of nominating persons for appointment as members of RICG as provided by this clause.
(1) On the commencement of section 6 (as substituted by the 2008 further amending Act) the persons holding office as members of Racing NSW immediately before that commencement cease to hold office as members.
(2) A person who ceases to hold office pursuant to this clause is not entitled to compensation because of that loss of office.
(3) Neither this clause nor the substitution of section 6 by the 2008 further amending Act affects:(a) the continuity of existence of Racing NSW as a body corporate established by this Act, or(b) the continuity of operation of any decision made or other action taken by the members of Racing NSW before ceasing to hold office under this clause, or(c) the continuity of employment of the Chief Executive and other members of staff of Racing NSW.
(1) On the commencement of Part 3 (as substituted by the 2008 amending Act):(a) the Racing Industry Participants Advisory Committee is dissolved, and(b) the persons holding office as members of that committee cease to hold office as members.
(2) A person who ceases to hold office pursuant to this clause is not entitled to compensation because of that loss of office.
Any profits of Racing NSW not distributed to the Consolidated Fund in compliance with section 28 before the repeal of that section by the 2008 amending Act are not required to be distributed to the Consolidated Fund.
(1) On and from the date of introduction into Parliament of the Bill for the 2008 amending Act, the members of Racing NSW who hold office before the substitution of section 6 by the 2008 further amending Act are entitled to exercise their functions in a manner that is consistent with any convention or practice as to the exercise of functions by members of a body pending the appointment of a new membership of the body.
(2) This clause is taken to have operated from that date of introduction.
(1) On the date of assent to the 2008 further amending Act:(a) the Appointments Panel is dissolved, and(b) the persons holding office as members of the Appointments Panel cease to hold office as members.
(2) A person who ceases to hold office pursuant to this clause is not entitled to compensation because of that loss of office.
(3) The exercise of any function of the Appointments Panel before the date of assent to the 2008 further amending Act (including the nomination of any person for appointment as a member of Racing NSW) is of no effect.
The amendments made to this Act by the Australian Jockey Club Act 2008 do not affect the nomination of a person by the Australian Jockey Club (as referred to in the Australian Jockey Club Act 1873 ) for the purposes of any provision of this Act and any such nomination continues to have effect despite those amendments.
In this Part:
"amending Act" means the Thoroughbred Racing Amendment Act 2011 .
"introduction day" means the day on which the Bill for the amending Act was
first introduced into Parliament.
"new Chairperson" of Racing NSW-see clause 44 (1).
"new Deputy Chairperson" of Racing NSW-see clause 44 (1).
"new members" of Racing NSW-see clause 44 (1).
"reconstitution day" means the day on which Schedule 1 [1] to the amending Act
commences.
(1) For the purpose of facilitating the appointment of the members of Racing NSW in accordance with section 6 as amended by the amending Act (the "new members" of Racing NSW) and the appointment of a Chairperson and Deputy Chairperson in accordance with section 16 as substituted by the amending Act (the "new Chairperson" and "new Deputy Chairperson" of Racing NSW) with effect from the reconstitution day:(a) the Selection Panel provided for by section 7 (as substituted by the amending Act) may be established, and any function of the Selection Panel may be exercised, before the reconstitution day as if the whole of the amending Act had commenced on the date of assent to that Act, and(b) the Minister may appoint a Probity Adviser under section 7 (as substituted by the amending Act), and any function of the Probity Adviser may be exercised, before the reconstitution day as if the whole of the amending Act had commenced on the date of assent to that Act, and(c) the Minister may, pursuant to a list provided to the Minister before the reconstitution day, appoint the new members of Racing NSW and the new Chairperson and new Deputy Chairperson of Racing NSW before the reconstitution day, with the appointments to take effect on that day.
(2) As soon as practicable after the commencement of this clause, the Minister is to establish the Selection Panel for the purpose of providing to the Minister a list of persons recommended for appointment as the new members of Racing NSW and the new Chairperson and new Deputy Chairperson of Racing NSW, as provided by this clause, and recommending their terms of office.
(1) On the reconstitution day:(a) each person holding office as an appointed member of Racing NSW immediately before that day ceases to hold that office, and(b) each person holding office as the Chairperson or Deputy Chairperson of Racing NSW immediately before that day ceases to hold that office.
(2) Any person who ceases to hold an office by operation of this clause:(a) is not entitled to any remuneration or compensation because of loss of that office, and(b) is eligible (if otherwise qualified and subject to sections 6 and 16 as amended or substituted by the amending Act) to be appointed as a new member of Racing NSW and, if so appointed, also to be appointed as the new Chairperson or new Deputy Chairperson of Racing NSW.
(3) Neither this clause nor any amendment made by the amending Act to section 6 or 16 affects:(a) the continuity of existence of Racing NSW as a body corporate established by this Act, or(b) the continuity of operation of any decision made or other action taken by the members (or the Chairperson or Deputy Chairperson) of Racing NSW before ceasing to hold office under this clause, or(c) the continuity of employment of the Chief Executive and other members of staff of Racing NSW.
(1) On and from the introduction day, the members of Racing NSW who hold office before the reconstitution day are entitled to exercise their functions in a manner that is consistent with any convention or practice as to the exercise of functions by members of a body pending the appointment of a new membership of the body.
(2) This clause is taken to have had effect on and from the introduction day.