Queensland Bills Queensland Bills[Index] [Search] [Download] [Related Items] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
Queensland
RACING AND BETTING
AMENDMENT BILL 1994
Queensland
RACING AND BETTING AMENDMENT
BILL 1994
TABLE OF PROVISIONS
Section Page
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
4 Amendment of s 5 (Interpretation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
5 Amendment of s 11B (Powers of Queensland Principal Club) . . . . . . . . . . 4
6 Replacement of ss 11F and 11G . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
11F Composition of Queensland Principal Club . . . . . . . . . . . . . . . . . . . . 5
11G Disqualification from nomination or appointment . . . . . . . . . . . . . . . 6
7 Amendment of s 20A (Composition of racing associations) . . . . . . . . . . . . 6
8 Replacement of s 22 (Racing on unallotted day unlawful) . . . . . . . . . . . . . 7
22 Racing on unallotted day unlawful . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
23 Betting meeting at race club on unallotted day unlawful . . . . . . . . 7
9 Amendment of s 28 (Phantom meeting may be held in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
10 Replacement of s 62 (Trotting on unallotted day unlawful) . . . . . . . . . . . . 8
62 Trotting on unallotted day unlawful . . . . . . . . . . . . . . . . . . . . . . . . . . 8
63 Betting meeting at trotting club on unallotted day unlawful . . . . . . 8
11 Amendment of s 68 (Phantom meeting may be held in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
12 Replacement of s 103 (Greyhound racing on unallotted day unlawful) . . . 8
103 Greyhound racing on unallotted day unlawful . . . . . . . . . . . . . . . . . . 8
104 Betting meeting at greyhound club on unallotted day unlawful . . . 9
13 Amendment of s 109 (Phantom meeting may be held in certain
circumstances) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
2
Racing and Betting Amendment
14 Replacement of s 115AB (Functions of Committee) . . . . . . . . . . . . . . . . . . 9
115AB Functions of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
15 Replacement of s 115AD (Composition of Committee) . . . . . . . . . . . . . . . 9
115AD Composition of Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Amendment of s 141 (Restrictions on betting by bookmakers) . . . . . . . . . . 10
17 Amendment of s 210 (Totalisator tax) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
18 Amendment of s 211 (Racing Development Fund levy) . . . . . . . . . . . . . . . 11
19 Amendment of s 212 (Commission) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
20 Insertion of new Pt 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
PART 8--TRANSITIONAL PROVISIONS
258 Transitional provision because of reconstitution of
Queensland Principal Club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
259 Transitional provision for Racing Industry Coordinating
Committee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
260 References to Racing Industry Advisory Committee . . . . . . . . . . . . 13
SCHEDULE 1 . . . . . . . . . . . . . . . . . . . . . . . . 14
AMENDMENTS OF REFERENCES TO `RACING INDUSTRY
ADVISORY COMMITTEE'
SCHEDULE 2 . . . . . . . . . . . . . . . . . . . . . . . . 15
MINOR AND CONSEQUENTIAL AMENDMENTS
1994
A BILL
FOR
An Act to amend the Racing and Betting Act 1980
4
Racing and Betting Amendment
The Parliament of Queensland enacts-- 1
title 2
Short
1. This Act may be cited as the Racing and Betting Amendment Act 3
1994. 4
5
Commencement
2. Sections 6 and 15 commence on a day to be fixed by proclamation. 6
amended 7
Act
3. This Act amends the Racing and Betting Act 1980. 8
of s 5 (Interpretation) 9
Amendment
4.(1) Section 5, definition "meeting"-- 10
omit. 11
(2) Section 5-- 12
insert-- 13
` "betting meeting" means a meeting held at a racing venue by a registered 14
club but at which no race is held; 15
"local rules of racing" means rules made under section 11B(2)(a); 16
"meeting" means-- 17
(a) a race, trotting or greyhound meeting; or 18
(b) a betting meeting;'. 19
of s 11B (Powers of Queensland Principal Club) 20
Amendment
5. Section 11B(2)(a)-- 21
omit, insert-- 22
5
Racing and Betting Amendment
`(a) make or amend the local rules of racing in accordance with the 1
Australian Rules of Racing; and'. 2
of ss 11F and 11G 3
Replacement
6. Sections 11F and 11G-- 4
omit, insert-- 5
of Queensland Principal Club 6
`Composition
`11F.(1) The Queensland Principal Club consists of the following 7
members-- 8
(a) 1 person nominated by the Brisbane Amateur Turf Club; 9
(b) 1 person nominated by the Gold Coast Turf Club; 10
(c) 1 person nominated by the Ipswich Turf Club; 11
(d) 1 person nominated by the Queensland Turf Club; 12
(e) 1 person nominated by the Sunshine Coast Turf Club; 13
(f) 1 person nominated by the Toowoomba Turf Club; 14
(g) 1 person nominated by the Capricornia Racing Association; 15
(h) 1 person nominated by the Central-Western Queensland Racing 16
Association; 17
(i) 1 person nominated by the Downs and South-West Queensland 18
Racing Association; 19
(j) 1 person nominated by the North Queensland Racing 20
Association; 21
(k) 1 person appointed by the Governor in Council. 22
`(2) When an appointment to the Queensland Principal Club under 23
subsection (1)(k) is required, the Club must propose to the Minister-- 24
(a) 1 person elected by the jockeys licensed by the Club; and 25
(b) 1 person elected by the trainers licensed by the Club. 26
`(3) The Minister must consider the suitability of each person proposed 27
under subsection (2) for membership of the Club. 28
`(4) The Club must, for each group of jockeys and trainers, only propose 29
6
Racing and Betting Amendment
a person who was elected by the group by secret ballot conducted in a way 1
approved by the chief executive. 2
`(5) For the purposes of approving a secret ballot, the chief executive 3
may consult with the Electoral Commissioner. 4
from nomination or appointment 5
`Disqualification
`11G.(1) The following persons are ineligible to be members of the 6
Queensland Principal Club-- 7
(a) an undischarged bankrupt or a person taking advantage of the 8
laws about bankruptcy; 9
(b) a person who has been or is convicted of an indictable offence; 10
(c) a patient within the meaning of the Mental Health Act 1974; 11
(d) a person who is warned off or is disqualified, or whose name is 12
on the forfeit list, under the Rules of Racing; 13
(e) a person who is licensed by the Queensland Principal Club, 14
including, for example, as a licensed bookmaker, jockey, 15
owner-trainer, strapper and trainer. 16
`(2) The nomination or appointment of a person who is ineligible to be a 17
member-- 18
(a) if the person is ineligible when nominated or appointed--is 19
invalid from the start; or 20
(b) in any other case--becomes invalid on the day the person 21
becomes ineligible. 22
`(3) In this section-- 23
"appointment" includes a purported appointment; 24
"nomination" includes a purported nomination.'. 25
of s 20A (Composition of racing associations) 26
Amendment
7. Section 20A(3)-- 27
omit, insert-- 28
`(3) The election of members of the racing associations is to be by secret 29
7
Racing and Betting Amendment
ballot conducted in a way approved by the chief executive. 1
`(4) For the purposes of approving a secret ballot, the chief executive 2
may consult with the Electoral Commissioner. 3
`(5) A person who is ineligible to be a member of the Queensland 4
Principal Club under section 11G is ineligible to be a member of a racing 5
association. 6
`(6) The appointment of a person who is ineligible to be a member of a 7
racing association-- 8
(a) if the person is ineligible when appointed--is invalid from the 9
start; or 10
(b) in any other case--becomes invalid on the day the person 11
becomes ineligible. 12
`(7) In this section-- 13
"appointment" includes a purported appointment.'. 14
of s 22 (Racing on unallotted day unlawful) 15
Replacement
8. Section 22-- 16
omit, insert-- 17
on unallotted day unlawful 18
`Racing
`22. A race club must not conduct a horse race, or hold a race meeting, 19
on a day not allotted to the club for a race meeting under this Act. 20
meeting at race club on unallotted day unlawful 21
`Betting
`23. A race club must not conduct a betting meeting on a day not allotted 22
to the club for a betting meeting under this Act.'. 23
of s 28 (Phantom meeting may be held in certain 24
Amendment
circumstances) 25
9. Section 28(1), `the committee'-- 26
8
Racing and Betting Amendment
omit, insert-- 1
`the Queensland Principal Club'. 2
of s 62 (Trotting on unallotted day unlawful) 3
Replacement
10. Section 62-- 4
omit, insert-- 5
on unallotted day unlawful 6
`Trotting
`62. A trotting club must not conduct a trotting race, or hold a trotting 7
meeting, on a day not allotted to the club for a trotting race meeting under 8
this Act. 9
meeting at trotting club on unallotted day unlawful 10
`Betting
`63. A trotting club must not conduct a betting meeting on a day not 11
allotted to the club for a betting meeting under this Act.'. 12
of s 68 (Phantom meeting may be held in certain 13
Amendment
circumstances) 14
11. Section 68(1), `the committee'-- 15
omit, insert-- 16
`the Harness Racing Board'. 17
of s 103 (Greyhound racing on unallotted day unlawful) 18
Replacement
12. Section 103-- 19
omit, insert-- 20
racing on unallotted day unlawful 21
`Greyhound
`103. A greyhound club must not conduct a greyhound race, or hold a 22
greyhound meeting, on a day not allotted to the club for a greyhound 23
meeting under this Act. 24
9
Racing and Betting Amendment
meeting at greyhound club on unallotted day unlawful 1
`Betting
`104. A greyhound club must not conduct a betting meeting on a day not 2
allotted to the club for a betting meeting under this Act.'. 3
of s 109 (Phantom meeting may be held in certain 4
Amendment
circumstances) 5
13. Section 109(1), `the committee'-- 6
omit, insert-- 7
`the Greyhound Board'. 8
of s 115AB (Functions of Committee) 9
Replacement
14. Section 115AB-- 10
omit, insert-- 11
of Committee 12
`Functions
`115AB.(1) The functions of the Racing Industry Coordinating 13
Committee are as follows-- 14
(a) to coordinate meetings, including, for example, by allocating to 15
clubs the days and times when, the places where, and the 16
conditions on which, they may hold meetings; 17
(b) to investigate, and report to the Minister on, the effectiveness and 18
appropriateness of the distribution of the net profit and other 19
moneys of the Totalisator Board (after allowing for reserves and 20
provisions); 21
(c) to consider, and advise the Minister on, issues the Minister has 22
referred to the Committee. 23
`(2) In performing its function under subsection (1)(a), the Committee 24
must consider any relevant recommendations of the Totalisator Board and 25
each of the control bodies.'. 26
of s 115AD (Composition of Committee) 27
Replacement
15. Section 115AD-- 28
10
Racing and Betting Amendment
omit, insert-- 1
of Committee 2
`Composition
`115AD.(1) The Racing Industry Coordinating Committee consists of 3
the following members-- 4
(a) 2 persons nominated by the Queensland Principal Club; 5
(b) 1 person nominated by the Greyhound Board; 6
(c) 1 person nominated by the Harness Racing Board; 7
(d) 1 person nominated by the Totalisator Board. 8
`(2) Only 1 member nominated by the Queensland Principal Club may 9
be a member of the South-East Queensland Racing Association. 10
`(3) The person nominated under subsection (1)(d) must have experience 11
in the racing industry.'. 12
of s 141 (Restrictions on betting by bookmakers) 13
Amendment
16. Section 141(5)-- 14
omit, insert-- 15
`(5) A bookmaker at a meeting may make a bet with a person (the 16
"bettor") who is not present at the racing venue where the meeting is being 17
held if-- 18
(a) the bet is made through an approved telephone bookmaking 19
system; and 20
(b) the bettor's consent to recording the betting transaction is obtained 21
before the transaction starts; and 22
(c) the details of the bet are confirmed with the bettor before the 23
betting transaction ends, including, for example, the betting ticket 24
number, account number and amount of the bet; and 25
(d) the amount of the bet is at least $250 or the amount of the 26
possible winnings from the bet is at least $2 000. 27
`(6) An "approved telephone bookmaking system" means a 28
telephone system for bookmaking approved by the chief executive. 29
`(7) The chief executive may approve a telephone system for 30
11
Racing and Betting Amendment
bookmaking only if the chief executive is satisfied that-- 1
(a) all telephone calls on the system will be recorded; and 2
(b) the relevant control body has established procedures to ensure it 3
adequately supervises the system and its use.'. 4
of s 210 (Totalisator tax) 5
Amendment
17. Section 210(3)-- 6
omit, insert-- 7
`(3) The rate of totalisator tax to be levied, charged and paid is as 8
follows-- 9
(a) for a class of totalisator operated by or on behalf of a club, or 10
group of clubs, at a race, trotting or greyhound meeting--the rate 11
per centum set out in the second column of Schedule 2, Part 1 12
opposite and for each class of totalisator set out in the first 13
column of the Part; 14
(b) for a class of totalisator operated by or on behalf of a club, or 15
group of clubs, at a betting meeting or by the Totalisator 16
Board--the rate per centum set out in the second column of 17
Schedule 2, Part 2 opposite and for each class of totalisator set out 18
in the first column of the Part.'. 19
of s 211 (Racing Development Fund levy) 20
Amendment
18. Section 211(2)-- 21
omit, insert-- 22
`(2) The rate of Racing Development Fund levy to be levied, charged and 23
paid is as follows-- 24
(a) for a class of totalisator operated by or on behalf of a club, or 25
group of clubs, at a race, trotting or greyhound meeting--the rate 26
per centum set out in the third column of Schedule 2, Part 1 27
opposite and for each class of totalisator set out in the first 28
column of the Part; 29
(b) for a class of totalisator operated by or on behalf of a club, or 30
12
Racing and Betting Amendment
group of clubs, at a betting meeting or by the Totalisator 1
Board--the rate per centum set out in the third column of 2
Schedule 2, Part 2 opposite and for each class of totalisator set out 3
in the first column of the Part.'. 4
of s 212 (Commission) 5
Amendment
19. Section 212(c) and (d)-- 6
omit, insert-- 7
`(c) for moneys paid into a class of totalisator operated by or on 8
behalf of a club, or group of clubs, at a race, trotting or greyhound 9
meeting--at the rate per centum set out in the fourth column of 10
Schedule 2, Part 1 opposite and for each class of totalisator set out 11
in the first column of the Part; or 12
(d) for the moneys paid into a class of totalisator operated by or on 13
behalf of a club, or group of clubs, at a betting meeting or by the 14
Totalisator Board--at the rate per centum set out in the fourth 15
column of Schedule 2, Part 2 opposite and for each class of 16
totalisator set out in the first column of the Part.'. 17
of new Pt 8 18
Insertion
20. After section 257-- 19
insert-- 20
`PART 8--TRANSITIONAL PROVISIONS 21
provision because of reconstitution of Queensland 22
`Transitional
Principal Club 23
`258.(1) The Minister may, by Gazette notice, declare that the office of 24
each member of the Queensland Principal Club is vacant. 25
`(2) The Minister may only make the declaration before, or on the same 26
day as, the commencement of section 6 of the Racing and Betting 27
Amendment Act 1994. 28
`(3) A person who is a member of the Club immediately before the 29
13
Racing and Betting Amendment
declaration-- 1
(a) ceases to hold office on the day of the declaration despite 2
section 11I(1); but 3
(b) is taken to have finished a term of office for the purposes of 4
section 11I(3). 5
`(4) This section expires at the end of the day the declaration takes effect. 6
provision for Racing Industry Coordinating Committee 7
`Transitional
`259.(1) The Minister may, by Gazette notice, declare that the office of 8
each member of the Racing Industry Coordinating Committee is vacant. 9
`(2) The Minister may only make the declaration before, or on the same 10
day as, the commencement of section 15 of the Racing and Betting 11
Amendment Act 1994. 12
`(3) A person who is a member of the Committee immediately before 13
the declaration ceases to hold office on the day of the declaration despite 14
section 115AG(1). 15
`(4) This section expires at the end of the day the declaration takes effect. 16
to Racing Industry Advisory Committee 17
`References
`260. In an Act or document, a reference to the Racing Industry 18
Advisory Committee is taken to be a reference to the Racing Industry 19
Coordinating Committee.'. 20
21
14
Racing and Betting Amendment
CHEDULE 1 1
¡S
MENDMENTS OF REFERENCES TO `RACING 2
A
INDUSTRY ADVISORY COMMITTEE' 3
section 3 4
1. Sections 25(1), 28(1), 65(1), 68(1), 106(1), 109(1), 115AA, 115AC, 5
115AF, 115AG, 115AH, 115AI(1), 115AJ(1), 115AK(1), 115AL and 6
115AM, `Advisory'-- 7
omit, insert-- 8
`Coordinating'. 9
2. Part 3, Division 3AA, heading, `Advisory'-- 10
omit, insert-- 11
`Coordinating'. 12
13
15
Racing and Betting Amendment
CHEDULE 2 1
¡S
INOR AND CONSEQUENTIAL AMENDMENTS 2
M
section 3 3
1. Section 5, definitions "chief executive", "local authority", "local 4
authority area", "police officer" and "property"-- 5
omit. 6
2. Section 5-- 7
insert-- 8
` "chief executive (liquor licensing)" means the chief executive under the 9
Liquor Act 1992;'. 10
3. Section 5, definition "drug", paragraph (b)-- 11
omit, insert-- 12
`(b) any substance prescribed by regulation as a drug for the purposes 13
of this Act;'. 14
4. Section 5, definition "public place", paragraph (b)(iii), `order in 15
council'-- 16
omit, insert-- 17
`regulation'. 18
5. Section 7-- 19
omit, insert-- 20
16
Racing and Betting Amendment
`Delegation by Minister 1
`7. The Minister may delegate the Minister's powers under this Act to 2
any person. 3
`Delegation by Commissioner 4
`7A. The Commissioner may delegate the Commissioner's powers 5
under this Act to any person.'. 6
6. Section 10A(4B)-- 7
omit. 8
7. Section 10A(7), all words after `Council'-- 9
omit. 10
8. Section 15-- 11
omit. 12
9. Section 35(7)-- 13
omit. 14
10. Section 43(1)(b)-- 15
omit. 16
11. Section 43(2)-- 17
omit. 18
12. Section 49-- 19
omit. 20
17
Racing and Betting Amendment
13. Section 52(5) and (6)-- 1
omit, insert-- 2
`(5) The Harness Racing Board may, by the Rules of Trotting or by 3
resolution, delegate its powers to a member or employee.'. 4
14. Section 84(1)(b)-- 5
omit. 6
15. Section 84(2)-- 7
omit. 8
16. Section 90-- 9
omit. 10
17. Section 115H, `by order in council'-- 11
omit. 12
18. Section 117(1)(f), `specified by order in council made'-- 13
omit, insert-- 14
`prescribed'. 15
19. Section 118(2)-- 16
omit, insert-- 17
`(2) An application under subsection (1) must be made to the chief 18
executive in the form approved by the chief executive.'. 19
20. Section 120(2), all words after `subsection (1)' (2nd mention)-- 20
omit. 21
18
Racing and Betting Amendment
21. Section 134(9), from `, upon' to `council, may'-- 1
omit, insert-- 2
`may, by regulation,'. 3
22. Section 135(2A)(b) and (3)(a), `prescribed form'-- 4
omit, insert-- 5
`form approved by the chief executive'. 6
23. Section 150(1)(a), (3) and (4), `prescribed form'-- 7
omit, insert-- 8
`form approved by the Commissioner'. 9
24. Section 152(1), (3), (3A) and (4), `prescribed'-- 10
omit, insert-- 11
`approved'. 12
25. Section 153(2) and (3), `prescribed'-- 13
omit, insert-- 14
`approved'. 15
26. Section 155(g), `prescribed form'-- 16
omit, insert-- 17
`form approved by the Commissioner'. 18
27. Section 156(1)(c) and (d), `prescribed form'-- 19
omit, insert-- 20
`form approved by the Commissioner'. 21
19
Racing and Betting Amendment
28. Section 157(1)(a) and (b), `prescribed form'-- 1
omit, insert-- 2
`form approved by the Commissioner'. 3
29. Section 168(1), `prescribed form'-- 4
omit, insert-- 5
`form approved by the Commissioner'. 6
30. Section 179(1A)-- 7
omit. 8
31. Section 181(1)(b)-- 9
omit. 10
32. Section 181(2)-- 11
omit. 12
33. Section 187-- 13
omit. 14
34. Section 189(6AB), `order in council'-- 15
omit, insert-- 16
`regulation'. 17
35. Section 194(3)(a), 200(1) and (2) and 201(4), `prescribed form'-- 18
omit, insert-- 19
`form approved by the Commissioner'. 20
20
Racing and Betting Amendment
36. Section 218A(2) and (3), `prescribed form'-- 1
omit, insert-- 2
`form approved by the chief executive'. 3
37. Section 221(4), (5) and (6), `Licensing Commission'-- 4
omit, insert-- 5
`chief executive (liquor licensing)'. 6
38. Section 231(1), `prescribed form'-- 7
omit, insert-- 8
`form approved by the chief executive'. 9
39. Section 257(1), `The Governor in Council' to `with respect to--'-- 10
omit, insert-- 11
`257.(1) The Governor in Council may make regulations under this Act. 12
`(2) A regulation may make provision with respect to--'. 13
40. Section 257(1)(y), (yc), (z) and (za)-- 14
omit. 15
41. Section 257(1A) and (2)-- 16
omit. 17
18
© State of Queensland 1994
[Index] [Search] [Download] [Related Items] [Help]