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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
Racing Amendment Bill 2004
Queensland
Racing Amendment Bill 2004
Contents
Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Replacement of ch 2, pt 5, div 1, hdg. . . . . . . . . . . . . . . . . . . . . . 4
5 Replacement of s 61 (Racing associations) . . . . . . . . . . . . . . . . . 4
61 Country racing associations . . . . . . . . . . . . . . . . . . . . 4
6 Amendment of s 62 (Composition of each racing association) . . 5
7 Amendment of s 63 (Functions of each racing association). . . . . 5
8 Amendment of s 64 (Powers of racing association) . . . . . . . . . . . 6
9 Insertion of ss 64A and 64B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
64A Nomination of committee member by country racing
association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
64B Revocation of nomination . . . . . . . . . . . . . . . . . . . . . . 7
10 Replacement of ch 2, pt 5, div 2, hdg. . . . . . . . . . . . . . . . . . . . . . 7
11 Omission of s 65 (Definitions for div 2). . . . . . . . . . . . . . . . . . . . . 7
12 Replacement of s 66 (Establishment of Queensland Regional
Racing Council) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
66 Establishment of Queensland Country Racing
Committee ............................. 8
13 Amendment of s 67 (Functions of council) . . . . . . . . . . . . . . . . . . 8
14 Insertion of new ss 67A and 67B . . . . . . . . . . . . . . . . . . . . . . . . . 9
67A Committee to review membership of country racing
association . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
67B Committee to develop formula for allocation of
non-TABQ races . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
15 Replacement of s 68 (Composition of council). . . . . . . . . . . . . . . 10
68 Composition of committee . . . . . . . . . . . . . . . . . . . . . 11
68A Appointment of member to committee . . . . . . . . . . . . 12
68B Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
2
Racing Amendment Bill 2004
68C Vacation of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
68D Casual vacancies . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
16 Insertion of new ch 2, pt 5, div 2A . . . . . . . . . . . . . . . . . . . . . . . . 13
Division 2A Provisions applying to thoroughbred control
body
68E Thoroughbred control body must consider
committee's recommendations. . . . . . . . . . . . . . . . . . 13
68F Committee may request review of thoroughbred
control body's adoption of recommendation with
changes ............................... 14
68G Thoroughbred control body must give public notice
of changes to committee's recommendations . . . . . . 14
68H Thoroughbred control body must not make racing
calendar available. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
68I Thoroughbred control body may change distribution
strategy or racing calendar only in certain
circumstances .......................... 15
68J Thoroughbred control body must consider
committee's reports . . . . . . . . . . . . . . . . . . . . . . . . . . 16
68K Thoroughbred control body must develop policy
about reimbursement of expenses . . . . . . . . . . . . . . . 17
68L Thoroughbred control body must provide secretariat
services to committee . . . . . . . . . . . . . . . . . . . . . . . . 17
68M Thoroughbred Racing Board must pay share of net
UNiTAB product fee as prize money. . . . . . . . . . . . . . 17
17 Replacement of ch 2, pt 5, div 3, hdg. . . . . . . . . . . . . . . . . . . . . . 17
18 Amendment of s 69 (Definition for div 3) . . . . . . . . . . . . . . . . . . . 18
19 Replacement of s 71 (Chairperson of thoroughbred entity) . . . . . 18
71 Chairperson of country racing association . . . . . . . . . 18
20 Amendment of s 72 (Presiding at meetings) . . . . . . . . . . . . . . . . 19
21 Amendment of s 73 (Times and places of meetings) . . . . . . . . . . 19
22 Replacement of s 74 (Quorum) . . . . . . . . . . . . . . . . . . . . . . . . . . 20
74 Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
23 Insertion of new ch 10, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 3 Transitional provision for Racing Amendment
Act 2004
396A First chairperson of country racing association not
required to give notice under s 71(2) to committee . . 21
24 Amendment of sch 1 (Relocated provisions) . . . . . . . . . . . . . . . . 21
25 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 21
2004
A Bill
for
An Act to amend the Racing Act 2002
s1 4 s5
Racing Amendment Bill 2004
The Parliament of Queensland enacts-- 1
Clause 1 Short title 2
This Act may be cited as the Racing Amendment Act 2004. 3
Clause 2 Commencement 4
This Act commences on a day to be fixed by proclamation. 5
Clause 3 Act amended 6
This Act amends the Racing Act 2002. 7
Clause 4 Replacement of ch 2, pt 5, div 1, hdg 8
Chapter 2, part 5, division 1, heading-- 9
omit, insert-- 10
`Division 1 Country racing associations'. 11
Clause 5 Replacement of s 61 (Racing associations) 12
Section 61-- 13
omit, insert-- 14
`61 Country racing associations 15
`The following country racing associations are established-- 16
(a) the Capricornia Country Racing Association; 17
(b) the Central West Country Racing Association; 18
(c) the Downs Country Racing Association; 19
(d) the Eastern Downs Country Racing Association; 20
(e) the Far North Country Racing Association; 21
(f) the Leichardt Country Racing Association; 22
s6 5 s7
Racing Amendment Bill 2004
(g) the North West Country Racing Association; 1
(h) the South East Country Racing Association.'. 2
Clause 6 Amendment of s 62 (Composition of each racing 3
association) 4
(1) Section 62, `racing association'-- 5
omit, insert-- 6
`country racing association'. 7
(2) Section 62(5)-- 8
omit, insert-- 9
`(5) A person is ineligible to be a member of a country racing 10
association if the person-- 11
(a) is affected by bankruptcy action; or 12
(b) has a disqualifying conviction; or 13
(c) is subject to an exclusion action under any control 14
body's rules of racing; or 15
(d) is employed by the thoroughbred control body or, within 16
2 years of the person's appointment, was employed by 17
the control body; or 18
(e) is a member or employee of the Harness Racing Board 19
or Greyhound Authority; or 20
(f) is disqualified from managing corporations, under the 21
Corporations Act, part 2D.6.1'. 22
Clause 7 Amendment of s 63 (Functions of each racing 23
association) 24
(1) Section 63(a), (c) and heading, `racing association'-- 25
omit, insert-- 26
`country racing association'. 27
1 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s8 6 s9
Racing Amendment Bill 2004
(2) Section 63, `racing association's'-- 1
omit, insert-- 2
`country racing association's'. 3
(3) Section 63(a), `thoroughbred control body'-- 4
omit, insert-- 5
`committee'. 6
(4) Section 63(b)-- 7
omit, insert-- 8
`(b) to nominate, to the chairperson of the thoroughbred 9
control body, a person to be a member of the committee; 10
and'. 11
(5) Section 63(c), `council'-- 12
omit, insert-- 13
`committee'. 14
Clause 8 Amendment of s 64 (Powers of racing association) 15
Section 64, `racing association'-- 16
omit, insert-- 17
`country racing association'. 18
Clause 9 Insertion of ss 64A and 64B 19
Chapter 2, part 5, division 1, after section 64-- 20
insert-- 21
`64A Nomination of committee member by country racing 22
association 23
`(1) Each country racing association must, from time to time, form 24
a selection panel to choose a person for nomination as a 25
member of the committee. 26
`(2) The selection panel must consist of 3 persons being-- 27
(a) 2 persons, each of whom is a member of a different 28
member club of the country racing association; and 29
s 10 7 s 11
Racing Amendment Bill 2004
(b) 1 person who is a licensed trainer, racing bookmaker or 1
licensed jockey. 2
`(3) The selection panel's choice of a person for nomination as a 3
member of the committee must be unanimous. 4
`(4) The person chosen by the selection panel must be nominated 5
by the country racing association as a member of the 6
committee. 7
`(5) In this section-- 8
licensed jockey means a person licensed as a jockey by the 9
thoroughbred control body. 10
licensed trainer means a person licensed as a trainer by the 11
thoroughbred control body. 12
`64B Revocation of nomination 13
`A country racing association may revoke its nomination of a 14
person as a member of the committee only if at least 15
three-quarters of the association's members or, if 16
three-quarters is not a whole number, the next highest whole 17
number of its members, agree to revoke the nomination.'. 18
Clause 10 Replacement of ch 2, pt 5, div 2, hdg 19
Chapter 2, part 5, division 2, heading-- 20
omit, insert-- 21
`Division 2 Queensland Country Racing 22
Committee'. 23
Clause 11 Omission of s 65 (Definitions for div 2) 24
Section 65-- 25
omit. 26
s 12 8 s 13
Racing Amendment Bill 2004
Clause 12 Replacement of s 66 (Establishment of Queensland 1
Regional Racing Council) 2
Section 66-- 3
omit, insert-- 4
`66 Establishment of Queensland Country Racing 5
Committee 6
`The Queensland Country Racing Committee is established.'. 7
Clause 13 Amendment of s 67 (Functions of council) 8
(1) Section 67(2) and heading, `council'-- 9
omit, insert-- 10
`committee'. 11
(2) Section 67(1) and (2)(a), `council's'-- 12
omit, insert-- 13
`committee's'. 14
(3) Section 67(1), `racing associations'-- 15
omit, insert-- 16
`country racing associations'. 17
(4) Section 67-- 18
insert-- 19
`(1A) The recommendations made under subsection (1)(b) or (c) 20
must be accompanied by a document stating the reasons for 21
the recommendations.'. 22
(5) Section 67(2)-- 23
insert-- 24
`(c) written notice-- 25
(i) about the persons who are members of the 26
committee and of each country racing association; 27
and 28
(ii) if a person stops being a member of the committee 29
or a country racing association, that the person is 30
s 14 9 s 14
Racing Amendment Bill 2004
no longer a member of the committee or 1
association; and 2
(iii) if a person becomes a member of the committee or 3
a country racing association, that the person is a 4
member of the committee or association.'. 5
(6) Section 67-- 6
insert-- 7
`(3) The notice under subsection (3)(c)(i) must include the 8
following details for each person who is a member of the 9
committee or country racing association-- 10
(a) the person's name; 11
(b) the person's contact details; 12
(c) for a member of the committee--the name of the 13
country racing association that nominated the person; 14
(d) for a member of a country racing association nominated 15
by a club--the name of the club; 16
(e) for a person nominated by persons licensed by the 17
thoroughbred control body to participate in 18
thoroughbred racing--the class of licensed participants 19
who nominated the person.'. 20
(7) Section 67(1A) to (3)-- 21
renumber as section 67(2) to (4). 22
Clause 14 Insertion of new ss 67A and 67B 23
After section 67-- 24
insert-- 25
`67A Committee to review membership of country racing 26
association 27
`(1) The committee must, from time to time-- 28
(a) review the composition of the country racing 29
associations; and 30
(b) develop recommendations about-- 31
s 15 10 s 15
Racing Amendment Bill 2004
(i) the effectiveness of the structure of the country 1
racing associations; and 2
(ii) whether the interests of a club, a number of clubs 3
or a region would be better served by moving a 4
club or clubs from 1 country racing association to 5
another country racing association 6
`(2) As soon as practicable after completing a review, the 7
committee must give the thoroughbred control body a written 8
report about the review, stating its recommendations and the 9
reasons for them. 10
`(3) A review must be conducted, and a report about the review 11
given to the thoroughbred control body-- 12
(a) within the period starting on the day this section 13
commences and ending on the day 1 year after that 14
commencement; and 15
(b) after the period mentioned in subsection (1)(a), as often 16
as the committee considers necessary but at least once in 17
every 2 year period. 18
`67B Committee to develop formula for allocation of 19
non-TABQ races 20
`(1) During the special responsibility period, the committee must, 21
in consultation with the thoroughbred control body, develop a 22
formula for the allocation of dates on which, and places at 23
which, non-TABQ races are to be held. 24
`(2) In this section-- 25
special responsibility period means the period starting on the 26
day this section commences and ending on the day 1 year after 27
that commencement.'. 28
Clause 15 Replacement of s 68 (Composition of council) 29
Section 68-- 30
omit, insert-- 31
s 15 11 s 15
Racing Amendment Bill 2004
`68 Composition of committee 1
`(1) The committee consists of 9 members being-- 2
(a) 8 persons nominated to the chairperson of the 3
thoroughbred control body by the country racing 4
associations; and 5
(b) 1 person nominated by the thoroughbred control body. 6
`(2) For subsection (1)(a), each country racing association must, 7
under section 64A(4), nominate 1 person as a member of the 8
committee. 9
`(3) The person nominated by the thoroughbred control body must 10
be a member or director of the control body, other than its 11
chairperson. 12
`(4) The person nominated by the thoroughbred control body is the 13
chairperson of the committee. 14
`(5) A person is ineligible to be a member of the committee if the 15
person-- 16
(a) is affected by bankruptcy action; or 17
(b) has a disqualifying conviction; or 18
(c) is subject to an exclusion action under any control 19
body's rules of racing; or 20
(d) is employed by the thoroughbred control body or, within 21
2 years of the person's nomination, was employed by 22
the control body; or 23
(e) is a member or employee of the Harness Racing Board 24
or Greyhound Authority; or 25
(f) is disqualified from managing corporations, under the 26
Corporations Act, part 2D.6;2 or 27
(g) is a member of a committee of a TABQ club. 28
`(6) In this section-- 29
TABQ club, in relation to a person, means a club for which 30
the TABQ offered wagering on the majority of the club's races 31
of thoroughbred horses in the financial year immediately 32
2 Corporations Act, part 2D.6 (Disqualification from managing corporations)
s 15 12 s 15
Racing Amendment Bill 2004
preceding the financial year in which the person was 1
nominated to be a committee member. 2
`68A Appointment of member to committee 3
`A person nominated under section 68 is, on nomination, 4
appointed a member of the committee. 5
`68B Term of office 6
`A member of the committee holds office for 2 years from the 7
day the member is appointed. 8
`68C Vacation of office 9
`The office of a member of the committee becomes vacant 10
if-- 11
(a) the member dies; or 12
(b) the member becomes incapable of continuing as a 13
member; or 14
(c) the member resigns by signed notice given to-- 15
(i) for a member other than the chairperson of the 16
committee--the chairperson of the committee; or 17
(ii) for a member who is the chairperson of the 18
committee--the chairperson of the thoroughbred 19
control body; or 20
(d) the member is absent from 3 consecutive meetings of 21
the committee and is not excused by it for the absences 22
at any time before the end of the next meeting after the 23
third absence; or 24
(e) the member becomes ineligible to be a member of the 25
committee under section 68(5); or 26
(f) the chairperson of the country racing association that 27
nominated the person gives the chairperson of the 28
committee written notice that the member's nomination 29
has been revoked under section 64B; or 30
s 16 13 s 16
Racing Amendment Bill 2004
(g) the member is the chairperson of the committee and the 1
member-- 2
(i) stops being a member or director of the 3
thoroughbred control body; or 4
(ii) becomes the chairperson of the thoroughbred 5
control body. 6
`68D Casual vacancies 7
`(1) If a casual vacancy happens in the office of a member of the 8
committee (the previous member), another person is to be 9
nominated and appointed in the same way as the previous 10
member was nominated and appointed. 11
`(2) A person appointed to fill a casual vacancy as a member of the 12
committee is appointed for the balance of the previous 13
member's term of office.'. 14
Clause 16 Insertion of new ch 2, pt 5, div 2A 15
Chapter 2, part 5, before division 3-- 16
insert-- 17
`Division 2A Provisions applying to 18
thoroughbred control body 19
`68E Thoroughbred control body must consider 20
committee's recommendations 21
`(1) This section applies if the thoroughbred control body receives 22
a recommendation from the committee under-- 23
(a) section 67(1)(b) about a distribution strategy for prize 24
money and other funding; or 25
(b) section 67(1)(c) about racing calendars for non-TABQ 26
races. 27
`(2) The thoroughbred control body must consider the 28
recommendation and adopt the recommendation, with or 29
without changes, as the control body considers appropriate. 30
s 16 14 s 16
Racing Amendment Bill 2004
`(3) The thoroughbred control body must, within 14 days after 1
adopting the recommendation, give written notice of the 2
adoption to the committee together with details of any 3
changes and the reasons for the changes. 4
`68F Committee may request review of thoroughbred 5
control body's adoption of recommendation with 6
changes 7
`(1) This section applies if the thoroughbred control body adopts a 8
recommendation from the committee under section 67(1)(b) 9
or (c) with changes. 10
`(2) The committee may, by written notice given to the 11
thoroughbred control body within 14 days after receiving the 12
notice under section 68E(3) detailing the changes, ask the 13
control body to review its adoption of the recommendation 14
with changes. 15
`(3) The thoroughbred control body must, within 14 days after 16
receiving the notice under subsection (2), review the changes 17
and-- 18
(a) confirm the adoption of the recommendation with the 19
changes; or 20
(b) vary the adoption of the recommendation by-- 21
(i) setting aside the changes; or 22
(ii) substituting other changes. 23
`(4) The thoroughbred control body must, within 14 days after 24
confirming or varying the adoption of the recommendation, 25
give written notice of the confirmation or variation to the 26
committee together with details of any changes and the 27
reasons for the changes. 28
`68G Thoroughbred control body must give public notice 29
of changes to committee's recommendations 30
`(1) This section applies if the thoroughbred control body adopts a 31
recommendation from the committee under section 67(1)(b) 32
or (c) with changes, including changes made under 33
section 68F(3)(b)(ii), and does not set the changes aside under 34
section 68F(3)(b)(i). 35
s 16 15 s 16
Racing Amendment Bill 2004
`(2) The thoroughbred control body must, at the same time and in 1
the same way the racing calendar for the relevant calendar 2
period is made available, make available a document that 3
states-- 4
(a) the changes made by the thoroughbred control body to 5
the committee's recommendation; and 6
(b) the reasons for the changes. 7
`68H Thoroughbred control body must not make racing 8
calendar available 9
`If the thoroughbred control body receives a recommendation 10
from the committee under section 67(1)(b) or (c), the 11
thoroughbred control body must not make available the racing 12
calendar for the period to which the recommendation relates 13
until-- 14
(a) the day the control body adopts the recommendation 15
without changes; or 16
(b) if the control body adopts the recommendation with 17
changes and the committee does not ask for a review of 18
the adoption within the period mentioned in section 19
68F(2)--the day after that period ends; or 20
(c) if the control body adopts the recommendation with 21
changes and the committee asks for a review of the 22
adoption under section 68F(2)--the day the control 23
body gives the committee notice under section 68F(4) 24
about the review. 25
`68I Thoroughbred control body may change distribution 26
strategy or racing calendar only in certain 27
circumstances 28
`(1) During a calendar period, the thoroughbred control body may 29
make a change to the distribution strategy for prize money or 30
other funding or the racing calendar only if-- 31
(a) the committee agrees to the change; or 32
(b) the change is the cancellation of a race or a race 33
meeting-- 34
s 16 16 s 16
Racing Amendment Bill 2004
(i) because the control body reasonably believes it is 1
necessary to cancel the race or race meeting to 2
prevent a person's death, injury or illness; or 3
(ii) because of unsuitable weather; or 4
(iii) because of a war, act of terrorism, strike, natural 5
disaster or another unexpected and disruptive 6
event; or 7
(iv) because the race or race meeting is not being 8
conducted in accordance with a relevant policy 9
about non-TABQ clubs or non-TABQ races made 10
under section 81 by the control body; or 11
(v) because funds available for prize money for 12
non-TABQ races have been depleted. 13
`(2) If the thoroughbred control body makes a change mentioned 14
in subsection (1), it must-- 15
(a) give written notice of the change to the committee, 16
including the reasons for the change, if the change is the 17
cancellation of a race or a race meeting; and 18
(b) make available to members of the public a document 19
that states the reasons for the change, including, for 20
example, by making the document available on its 21
website. 22
`68J Thoroughbred control body must consider 23
committee's reports 24
`The thoroughbred control body must consider each report it 25
receives from the committee under-- 26
(a) section 67(1)(d) about the performance of a non-TABQ 27
race or non-TABQ club; or 28
(b) section 67(2)(a) about a matter relating to the 29
committee's performance of its functions; or 30
(c) section 67(2)(b) as asked for by the control body; or 31
(d) section 67A about the composition of country racing 32
associations. 33
s 17 17 s 17
Racing Amendment Bill 2004
`68K Thoroughbred control body must develop policy 1
about reimbursement of expenses 2
`The thoroughbred control body must develop and implement 3
a policy for the reimbursement by the control body of 4
expenses relating to home office facilities and other 5
out-of-pocket expenses incurred by members of the 6
committee. 7
`68L Thoroughbred control body must provide secretariat 8
services to committee 9
`The thoroughbred control body must provide secretariat 10
services to the committee. 11
`68M Thoroughbred Racing Board must pay share of net 12
UNiTAB product fee as prize money 13
`(1) The Thoroughbred Racing Board must pay 7% of its net 14
UNiTAB product fee for a year as prize money for 15
non-TABQ races conducted by non-TABQ clubs in the 16
year. 17
`(2) If, at the end of a year, the Thoroughbred Racing Board 18
has not paid 7% of its net UNiTAB product fee for the 19
year as prize money as required by subsection (1), the 20
board must, as agreed with the committee, use the 21
remaining amount of the 7% for supporting non-TABQ 22
racing. 23
24
Example of use of remaining amount of 7% of net UNiTAB product
25
fee for supporting non-TABQ racing--
26
carrying out maintenance at a non-TABQ club'.
Clause 17 Replacement of ch 2, pt 5, div 3, hdg 27
Chapter 2, part 5, division 3, heading-- 28
omit, insert-- 29
`Division 3 Provisions applying to country 30
racing associations and the 31
committee'. 32
s 18 18 s 19
Racing Amendment Bill 2004
Clause 18 Amendment of s 69 (Definition for div 3) 1
Section 69, definition thoroughbred entity-- 2
omit, insert-- 3
`thoroughbred entity means-- 4
(a) a country racing association; or 5
(b) the committee.'. 6
Clause 19 Replacement of s 71 (Chairperson of thoroughbred 7
entity) 8
Section 71-- 9
omit, insert-- 10
`71 Chairperson of country racing association 11
`(1) A country racing association must elect a member of the 12
association as its chairperson. 13
`(2) A member elected as the chairperson of a country racing 14
association must give the thoroughbred control body and 15
chairperson of the committee written notice about the 16
election. 17
`(3) The chairperson of a country racing association must give the 18
committee written notice-- 19
(a) about the persons who are members of the association; 20
and 21
(b) if a person ceases to be a member of the association, that 22
the person is no longer a member; and 23
(c) if a person becomes a member of the association, that 24
the person is a member. 25
`(4) The notice under subsection (3)(a) must include the following 26
details for each person who is a member of the committee-- 27
(a) the person's name; 28
(b) the person's contact details; 29
(c) for a member of the committee nominated by a 30
club--the name of the club that nominated the person; 31
s 20 19 s 21
Racing Amendment Bill 2004
(d) for a person nominated by persons licensed by the 1
thoroughbred control body to participate in 2
thoroughbred racing--the class of licensed participants 3
who nominated the person.'. 4
Clause 20 Amendment of s 72 (Presiding at meetings) 5
(1) Section 72(2), `thoroughbred entity'-- 6
omit, insert-- 7
`country racing association'. 8
(2) Section 72(2), `the entity'-- 9
omit, insert-- 10
`the association'. 11
(3) Section 72-- 12
insert-- 13
`(3) If the chairperson of the committee is absent from a meeting 14
of the committee or the office is vacant, another member of 15
the thoroughbred control body nominated in writing by the 16
chairperson of the control body is to preside. 17
`(4) A person nominated under subsection (3) must not be the 18
chairperson of the thoroughbred control body. 19
`(5) A person nominated under subsection (3) to preside at a 20
meeting is, for the purposes of the meeting, a member of the 21
committee.'. 22
Clause 21 Amendment of s 73 (Times and places of meetings) 23
(1) Section 73(2)(a)-- 24
omit, insert-- 25
`(a) a thoroughbred entity must meet as often as is necessary 26
for it to perform its functions and-- 27
(i) for a country racing association--at least twice 28
each year; and 29
(ii) for the committee--at least 4 times each year; 30
and'. 31
s 22 20 s 23
Racing Amendment Bill 2004
(2) Section 73(3), `racing association'-- 1
omit, insert-- 2
`country racing association'. 3
(3) Section 73(3), `council'-- 4
omit, insert-- 5
`committee'. 6
(4) Section 73-- 7
insert-- 8
`(4) The chairperson of a thoroughbred entity must give each 9
member of the entity notice of each meeting of the entity at 10
least 14 days before the meeting. 11
`(5) However, a meeting of the entity may be held without giving 12
at least 14 days notice if at least three-quarters of the entity's 13
members or, if three-quarters is not a whole number, the next 14
highest whole number of the entity's members, has agreed to 15
hold it because of the urgency of a matter to be considered at 16
the meeting.'. 17
Clause 22 Replacement of s 74 (Quorum) 18
Section 74-- 19
omit, insert-- 20
`74 Quorum 21
`A quorum for a thoroughbred entity is the number equal to 22
one-third of the number of its members or, if one-third is not a 23
whole number, the next highest whole number.'. 24
Clause 23 Insertion of new ch 10, pt 3 25
Chapter 10, after part 2-- 26
insert-- 27
`Part 3 Transitional provision for 28
Racing Amendment Act 2004 29
s 24 21 s 25
Racing Amendment Bill 2004
`396A First chairperson of country racing association not 1
required to give notice under s 71(2) to committee 2
`(1) This section applies to the first chairperson of a country racing 3
association elected after the commencement of this section. 4
`(2) Despite section 71(2), the chairperson is not required to give 5
notice of his or her election as chairperson to the chairperson 6
of the committee.'. 7
Clause 24 Amendment of sch 1 (Relocated provisions) 8
(1) Schedule 1, part 2, section 11A(4) and (5)-- 9
omit. 10
(2) Schedule 1, part 2, section 11G(1)(f)(ii)-- 11
omit, insert-- 12
`(ii) a country racing association;'. 13
Clause 25 Amendment of sch 3 (Dictionary) 14
(1) Schedule 3, definitions affected by bankruptcy action, council, 15
non-TABQ clubs, non-TABQ races and racing association-- 16
omit. 17
(2) Schedule 3-- 18
insert-- 19
`affected by bankruptcy action, in relation to an individual, 20
means the individual is insolvent under administration within 21
the meaning of the Corporations Act, section 9. 22
committee means the Queensland Country Racing Committee 23
established under section 66. 24
country racing association means a country racing 25
association established under section 61. 26
product fee means the product fee under the Product and 27
Program Agreement entered into by the Totalisator 28
Administration Board of Queensland, Queensland Race 29
Product Co Ltd (ACN 081 743 722), Queensland Principal 30
Club, Queensland Harness Racing Board and Greyhound 31
Racing Authority, dated 9 June 1999. 32
s 25 22 s 25
Racing Amendment Bill 2004
Intercode Agreement means the Queensland Racing Industry 1
Intercode Agreement entered into by the Queensland 2
Principal Club, Queensland Harness Racing Board and 3
Greyhound Racing Authority, dated 30 June 1999. 4
net UNiTAB product fee, in relation to the Thoroughbred 5
Racing Board, means the amount of the product fee paid to 6
the board, as calculated under the Intercode Agreement, less 7
the following amounts-- 8
(a) the amount paid by the board to Queensland Race 9
Product Co Ltd (ACN 081 743 722) for administrative 10
costs under the agreement; and 11
(b) the amount paid by the board to an accredited facility 12
under an agreement entered into under section 40 by the 13
board with the accredited facility. 14
non-TABQ clubs means clubs for which the TABQ does not, 15
or is unlikely to, offer wagering on the majority of the clubs' 16
races of thoroughbred horses. 17
non-TABQ races means races of thoroughbred horses on 18
which the TABQ does not, or is unlikely to, offer wagering.' 19
(3) Schedule 3, definition member club, `racing association'-- 20
omit, insert-- 21
`country racing association'. 22
© State of Queensland 2004
AMENDMENTS TO BILL
1
Racing Amendment Bill 2005
Racing Amendment Bill 2005
Amendments agreed to during consideration
1A Clause 9--
At page 7, line 2 after `jockey'--
insert--
`who must not be a member of a club from which the persons
under (2)(a) are selected.'.
1 Clause 13--
At page 8, after line 17--
insert--
`(3A) Section 67(1)(c)--
omit, insert--
`(c) to make recommendations to the thoroughbred control
body about racing calendars for non-TABQ races--
(i) including about matters mentioned in
section 38(1)(a), (b) and (c); but
(ii) not including about the number of days on which
non-TABQ races are to be held; and
(ca) to attempt to reach agreement under section 68DA with
the thoroughbred control body on the number of days on
which non-TABQ races are to be held in a year; and'.'.
2 Clause 14--
At page 10, lines 19 to 28--
omit.
3 Clause 16--
At page 13, after line 19--
2
Racing Amendment Bill 2005
insert--
`68DA Thoroughbred control body and committee to agree on
number of non-TABQ race days
`(1) Before preparing a racing calendar for a year, the
thoroughbred control body must attempt to obtain the
committee's agreement to the number of days on which
non-TABQ races are to be held in the year.
`(2) For subsection (1)--
(a) the thoroughbred control body and the committee must
have regard to--
(i) any relevant policy about non-TABQ clubs or
non-TABQ races made under section 81 by the
control body; and
(ii) the availability of funds for prize money for
non-TABQ races; and
(b) the thoroughbred control body must not unreasonably
refuse a request of the committee about the number of
days on which non-TABQ races are to be held.
`(3) If the thoroughbred control body and the committee are
unable to agree under subsection (1), the control body must
give the committee written notice of that fact together with
written reasons for its refusal of the request mentioned in
subsection (2)(b).
`(4) Also, if the thoroughbred control body and the committee are
unable to agree under subsection (1), the number of days on
which non-TABQ races are to be held in the year under the
control body's racing calendar must not be less than the
number of days on which non-TABQ races were held in the
previous year under the control body's racing calendar.
`(5) In this section--
year means the period starting on 1 August and ending on
31 July.'.
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