Queensland Consolidated Acts

RACING ACT 2002

TABLE OF PROVISIONS

           Long Title

           Contents

CHAPTER 1--INTRODUCTION

   1.      Short title
   2.      Commencement
   3.      Act binds all persons
   4.      Main purposes of Act and how they generally are achieved
   5.      Definitions
   6.      Betting under this Act is lawful

CHAPTER 2--CONTROL BODIES TO MANAGE CODES OF RACING

           Part 1--Main purposes of chapter

   7.      Main purposes of ch 2 and how they generally are achieved

           Part 2--Control bodies generally

           Division 1--Meaning of eligible corporation and eligible individual

   8.      Meaning of eligible corporation
   9.      Meaning of eligible individual

           Division 2--Applying for approval as control body for a code of racing

   10.     An eligible corporation may apply for approval as a control body
   11.     Approval application to be accompanied by specific matters
   12.     Evidence of matters to be included in an approval application

           Division 3--Referral of approval application to chief executive for processing

   13.     Minister to refer an approval application to the chief executive for assessment and other action
   14.     Advertising notice about an approval application
   15.     Objection to approval application

           Division 4--When there is more than 1 approval application relating to a particular type of animal racing

   16.     Application of div 4
   17.     Chief executive must call meeting of all approval applicants

           Division 5--Assessment actions by chief executive for approval applications

   18.     Assessment of an approval application if only 1 application
   19.     Assessment of an approval application if more than 1 application
   20.     Assessing approval applicant or approval applicants
   21.     Chief executive may require further information or documents to support approval application as part of investigations under s 20
   22.     Chief executive must request fingerprints of business associates and executive associates of the approval applicant
   23.     Obtaining the criminal history of an individual

           Division 6--Ministerial decision about approval applications

   24.     Minister to consider and decide approval application
   25.     Information notice about Minister's decision
   26.     When Minister must give an approval to approval applicant
   27.     Form of approval

           Division 7--Other matters relating to approvals and approval applications

   28.     Approval has effect for 6 years unless it is cancelled or suspended
   29.     Yearly fee payable by each control body
   30.     Regulation may prescribe a condition applying to an approval
   31.     Variation of approval of control body
   32.     Destruction of fingerprints

           Part 3--Control bodies for codes of racing

           Division 1--Function and powers of control bodies

   33.     Function of control body
   34.     Powers of control body for its code of racing
   35.     Control body may charge fees for its services

           Division 2--Obligations of control bodies other than for policies

   36.     Obligation to implement plans as stated in approval application
   37.     Obligation to have internal controls
   38.     Obligation to have racing calendar for code of racing
   39.     Obligation to have program to audit licensed animals, clubs, participants and venues
   40.     Obligation to enter into agreement about scientific and professional services

           Division 3--Annual reporting by control bodies and related issues

   41.     Annual reporting by control body
   42.     Notice about change of executive officers
   43.     Notice of event resulting in a control body not being an eligible corporation
   44.     Notice of event resulting in executive officer no longer being an eligible individual

           Part 4--Actions relating to control bodies and codes of racing

           Division 1--Ministerial directions to control bodies

   45.     Minister may give a direction to control body about its policies or rules

           Division 2--Audit regime and other investigations

   46.     Program for auditing suitability of control bodies
   47.     Investigations into suitability of a control body
   48.     Investigation into suitability of associate of control body
   49.     Requirement to give information or document for investigation
   50.     Failure to give information or document for investigation
   51.     Criminal history report for investigation

           Division 3--Disciplinary action against control bodies

   52.     Grounds for disciplinary action relating to the approval of a control body for its code of racing
   53.     Show cause notice
   54.     Consideration of representations
   55.     Immediate suspension of an approval
   56.     Censuring control body
   57.     Direction to control body to rectify matter
   58.     Action by Minister

           Division 4--Other provisions about control bodies

   59.     Control body is unit of public administration
   60.     Audit by auditor-general
   60A.    Disclosure of interest in licensed animal by executive officer of control body

           Part 5--Provisions relating to entities involved in thoroughbred racing

           Division 1--Country racing associations

   61.     Country racing associations
   62.     Composition of each country racing association
   63.     Functions of each country racing association
   64.     Powers of country racing association
   64A.    Nomination of committee member by country racing association
   64B.    Revocation of nomination

           Division 2--Queensland Country Racing Committee

   66.     Establishment of Queensland Country Racing Committee
   67.     Functions of committee
   67A.    Committee to review membership of country racing association
   68.     Composition of committee
   68A.    Appointment of member to committee
   68B.    Term of office
   68C.    Vacation of office
   68D.    Casual vacancies

           Division 2A--Provisions applying to thoroughbred control body

   68DA.   Thoroughbred control body and committee to agree on number of non-TABQ race days
   68E.    Thoroughbred control body must consider committee's recommendations
   68F.    Committee may request review of thoroughbred control body's adoption of recommendation with changes
   68G.    Thoroughbred control body must give public notice of changes to committee's recommendations
   68H.    Thoroughbred control body must not make racing calendar available
   68I.    Thoroughbred control body may change distribution strategy or racing calendar only in certain circumstances
   68J.    Thoroughbred control body must consider committee's reports
   68K.    Thoroughbred control body must develop policy about reimbursement of expenses
   68L.    Thoroughbred control body must provide secretariat services to committee
   68M.    Thoroughbred control body must pay share of net UNiTAB product fee as prize money

           Division 3--Provisions applying to country racing associations and the committee

   69.     Definition for div 3
   70.     Thoroughbred entity responsible for conduct of its business
   71.     Chairperson of country racing association
   72.     Presiding at meetings
   73.     Times and places of meetings
   74.     Quorum
   75.     Attendance by proxy
   76.     Conduct of meetings
   77.     Minutes

CHAPTER 3--CONTROL BODIES MANAGING THEIR CODES OF RACING

           Part 1--Introduction

   78.     Purposes of ch 3
   79.     Policies and rules of racing are statutory instruments

           Part 2--Policies

           Division 1--General provisions about policies

   80.     Policy may be made because of this Act or a Ministerial direction, or for good management
   81.     Matters for which a control body must have a policy
   82.     Further provisions about particular policies
   83.     Form of each policy
   84.     Availability of policies
   85.     Application of policy

           Division 2--Policy about licensing scheme

   86.     Purposes of control body's licensing scheme
   87.     Control body's policy for a licensing scheme
   88.     Application for licence
   89.     Licences may not be transferred

           Division 3--Other matters about policies

   90.     Same animal, participant or venue may be licensed by control bodies

           Part 3--Rules of racing

           Division 1--General provisions about rules of racing

   91.     Obligation to have rules of racing for code of racing
   92.     Matters for which rules of racing may provide
   93.     Urgent rules of racing
   94.     Availability of rules of racing

           Division 2--Appeals under rules of racing

   95.     Appeal against some decisions of steward under rules of racing
   96.     Establishment of appeal committee
   97.     Matters relating to establishment of appeal committee
   98.     How appeal committee may consider an application for appeal
   99.     Powers of appeal committee on appeal
   100.    Form of decisions of appeal committee

           Part 4--Control bodies may take certain action against licensed clubs

   101.    Grounds for suspension or cancellation
   102.    Show cause notice
   103.    Representations about show cause notice
   104.    Immediate suspension of licensed club's licence
   105.    Censuring licensed club
   106.    Direction to licensed club to rectify matter
   107.    Suspension or cancellation

           Part 5--Provisions applying to licensed clubs

           Division 1--Contravention of this part constitutes a ground for suspending or cancelling a licensed club's licence

   108.    Contravention by licensed club constitutes a ground for disciplinary action

           Division 2--Race meetings

   109.    Licensed club to hold race and betting meeting at licensed venue when under control of control body that licensed club and venue

           Division 3--Audited accounts of licensed clubs and related matters

   110.    Licensed club to give audited accounts to control body

           Division 4--Provisions for licensed clubs that are non-proprietary entities

   111.    Definitions for div 4
   112.    Application of revenues, profits etc. of licensed club that is or was a non-proprietary entity
   113.    Prohibition of disposal of assets etc. of non-proprietary entity

CHAPTER 4--INTEGRITY CONTROL

           Part 1--Racing Animal Welfare and Integrity Board

           Division 1--Establishment, functions and powers of integrity board

   114.    Establishment of Racing Animal Welfare and Integrity Board
   115.    Functions and powers of integrity board

           Division 2--Membership

   116.    Membership of integrity board
   117.    Qualification for appointment as board member
   118.    Resignation
   119.    Vacation of office
   120.    Leave of absence for a board member and person acting as member
   121.    Effect of vacancy in membership of integrity board
   122.    Remuneration of board members

           Division 3--Integrity board business

   123.    Conduct of business
   124.    Time and place of, and quorum for, board meetings
   125.    Presiding at board meetings
   126.    Conduct of board meetings
   127.    Minutes and records
   128.    Disclosure of interest

           Part 2--Accreditation of facilities

   129.    Accreditation application
   130.    Chief executive may ask for further information
   131.    Chief executive may accredit facilities
   132.    Accreditation certificate
   133.    Regulation may prescribe a condition applying to an accreditation
   134.    Variation of accreditation by application of accreditation holder

           Part 3--Disciplinary proceedings relating to accredited facility

   135.    Grounds for disciplinary action relating to accredited facility
   136.    Show cause notice
   137.    Representations about show cause notice
   138.    Immediate suspension of an accreditation
   139.    Censuring accreditation holder of an accredited facility
   140.    Direction to accreditation holder to rectify matter
   141.    Action by chief executive

           Part 4--Dealing with, and analysis of, things

           Division 1--Definitions

   142.    Definitions for pt 4

           Division 2--Taking and dealing with things for analysis

   143.    Way control body may take or deal with a thing for analysis
   144.    Way things taken for analysis by integrity officer or qualified person must be taken and dealt with
   145.    Person must not interfere with container in which things are placed

           Division 3--Analysing things delivered for analysis

   146.    Analysis of thing
   147.    Procedure after analysis
   148.    If analysis can not be completed
   149.    Certificate of accredited veterinary surgeon

CHAPTER 5--RACING APPEALS TRIBUNAL

           Part 1--Establishment and membership of Racing Appeals Tribunal

   150.    Establishment of Racing Appeals Tribunal
   151.    Membership of tribunal
   152.    Advertising for nominations for appointment
   153.    Qualification for appointment as tribunal member
   154.    Disqualification from membership
   155.    Term of appointment
   156.    Resignation
   157.    Vacation of office
   158.    Termination of appointment
   159.    Remuneration
   160.    Role of tribunal member

           Part 2--Matters relating to tribunal chairperson

   161.    Role of tribunal chairperson
   162.    Tribunal chairperson and the director to work cooperatively
   163.    Delegation and subdelegation

           Part 3--Disclosure of interests and protection of tribunal members

   164.    Disclosure of interest

           Part 4--Organisation, jurisdiction and operation of tribunal

   165.    Constitution of tribunal
   166.    Jurisdiction of tribunal
   167.    Decisions that may be appealed
   168.    Starting an appeal against decisions as allowed under s 167
   169.    What happens if appeal committee refuses to hear or fails to decide an appeal
   170.    Suspension or variation of decision pending decision on appeal
   171.    Tribunal to hear appeal
   172.    Procedure generally
   173.    Way question to be decided
   174.    Expert consultant
   175.    Hearing must held in public
   176.    Evidence
   177.    Attendance of witnesses
   178.    Witness fees and expenses
   179.    Swearing or affirming witnesses
   180.    Offences by witnesses
   181.    Power to adjourn
   182.    Presence and representation of party
   183.    Withdrawal of appeal
   184.    Joinder of person as party
   185.    Costs
   186.    Powers of tribunal on appeal
   187.    Form of decisions of tribunal
   188.    Director must give information notice to parties
   189.    Effect of tribunal's decision
   190.    Contempt of tribunal
   191.    Protection and immunity of tribunal members
   192.    Annual report on operation of tribunal

           Part 5--Appeal from tribunal to District Court

   193.    Who may appeal

CHAPTER 6--RACING BOOKMAKERS

           Part 1--Requirements for racing bookmakers' licences and for related matters

   194.    Requirement to hold racing bookmaker's licence
   195.    Requirement for racing bookmaker to hire licensed clerk
   196.    Requirement to hold licence as a racing bookmaker's clerk
   197.    Requirement to produce licence
   198.    Requirement for control body to ensure certain persons have current licences
   199.    Unlawful bookmaking by racing bookmaker
   200.    Requirements for betting by racing bookmakers

           Part 2--Licensing of persons as racing bookmakers

   201.    Applicant for racing bookmaker's licence to hold eligibility certificate
   202.    What corporate licence must include

           Part 3--Eligibility certificates

           Division 1--Suitability of applicants and business and executive associates

   203.    Suitability of applicants for eligibility certificate
   204.    Suitability of associates
   205.    Other matters about suitability

           Division 2--Applications for, and issue of, eligibility certificates

   206.    Application for eligibility certificate
   207.    Requirements about applications
   208.    Further information or documents to support application
   209.    Taking fingerprints
   210.    Consideration of application
   211.    Conditions for granting application for eligibility certificate
   212.    Investigation of suitability of persons
   213.    Criminal history reports for investigations
   214.    Requirement of associate to give information or document for investigation
   215.    Requirement of control body to give information or document for investigation
   216.    Failure by control body to give information or document for investigation
   217.    Decision on application
   218.    Form of eligibility certificate
   219.    Period for which eligibility certificate has effect
   220.    Date by which certificate holder must apply for racing bookmaker's licence
   221.    Corporate certificate holder must advise gaming executive of change in executive officers or persons with substantial holdings
   222.    Gaming executive may amend eligibility certificate to show change in executive officers

           Division 3--Investigations of certificate holders and their business and executive associates

   223.    Audit program
   224.    Investigations into suitability of certificate holder
   225.    Investigation into suitability of associate of certificate holder
   226.    Requirement to give information or document for investigation
   227.    Criminal history report for investigation
   228.    Gaming executive may require control body to give information or document for investigation
   229.    Failure to give information or document for investigation

           Division 4--Cancellation of eligibility certificates

   230.    Grounds for cancellation
   231.    Show cause notice
   232.    Involvement of control bodies in show cause process
   233.    Consideration of representations
   234.    Ending show cause process without further action
   235.    Censuring certificate holder
   236.    Cancellation of eligibility certificate
   237.    Return of cancelled eligibility certificate
   238.    Automatic cancellation of all licences granted to racing bookmakers
   239.    Notice to control bodies of decisions

           Division 5--Other matters relating to eligibility certificates

   240.    Surrender of eligibility certificate
   241.    Destruction of fingerprints

           Division 6--Appeals relating to eligibility certificates

   242.    Appeals
   243.    Starting an appeal against a decision of the gaming executive
   244.    Stay of operation of decisions
   245.    Hearing procedures
   246.    Power to gather evidence
   247.    Powers of gaming commission on appeal
   248.    Appeals to District Court

           Part 4--Other provisions about racing bookmakers

   249.    When a racing bookmaker may make a bet with a person who is not present at a licensed venue
   250.    Racing bookmakers to maintain policy of insurance or bond to indemnify bettors against default
   251.    Control bodies to ensure racing bookmakers have policies of insurance or bond
   252.    Prohibition of betting by racing bookmaker with minor
   253.    Lawful bet by racing bookmaker is taken to be a valid contract
   254.    Payment and settlement of bets

           Part 5--Miscellaneous

   255.    Bookmaking on certain declared sporting contingencies
   256.    Racing bookmaker's agent during certain periods
   257.    Control body to give notice of certain actions about racing bookmakers to gaming executive
   258.    Gaming executive may give information to control body about racing bookmaker or applicant for eligibility certificate
   259.    Delegation by gaming executive
   260.    Approval of forms for ch 6

CHAPTER 7--AUTHORISED OFFICERS

           Part 1--Appointment and functions

   261.    Appointment and qualifications
   262.    Functions of authorised officers
   263.    Appointment conditions and limit on powers
   264.    Issue of identity card to each authorised officer
   265.    Production or display of identity card
   266.    When authorised officer ceases to hold office
   267.    Resignation
   268.    Return of identity card

           Part 2--Powers of authorised officers

           Division 1--Entry to places other than vehicles

   269.    Application of div 1
   270.    Power of entry
   271.    Procedure for entry with consent
   272.    Other entries without warrant
   273.    Application for warrant
   274.    Issue of warrant
   275.    Special warrants
   276.    Warrants—procedure before entry

           Division 2--Entry to vehicles

   277.    Application of div 2
   278.    Power of entry
   279.    Procedure before entry
   280.    Power to stop vehicle that may be entered
   281.    Failure to obey signal
   282.    Other powers relating to vehicles that may be entered

           Division 3--Powers for entry to all places

   283.    Application of div 3
   284.    General powers of compliance officer after entering places
   285.    General powers of integrity officer after entering places
   286.    Power to require reasonable help or information

           Division 4--Seizure

   287.    Definition for div 4
   288.    Power to seize evidence—entry without consent or warrant
   289.    Power to seize evidence—entry with consent or warrant
   290.    Securing seized things
   291.    Offence to tamper with seized thing
   292.    Powers to support seizure
   293.    Receipt for seized thing
   294.    Return of seized thing
   295.    Access to seized thing

           Division 5--Forfeiture

   296.    Forfeiture by authorised officer
   297.    Forfeiture on conviction
   298.    Dealing with forfeited sample or thing

           Division 6--Other powers

   299.    Power to require name and address
   300.    Failure to give name or address
   301.    Power to require information about contravention
   302.    Failure to give information about contravention
   303.    Power to require production of documents
   304.    Failure to produce document

           Part 3--Offences relating to authorised officers

   305.    False or misleading statements
   306.    False or misleading documents
   307.    Obstruction of authorised officer

           Part 4--Notice of damage and compensation

   308.    Notice of damage
   309.    Compensation

           Chapter 8--Offences

           Part 1--Offences

           Division 1--Offences relating to administration of Act

   310.    Definitions for div 1
   311.    Protection for persons about whom confidential information or background documents obtained
   312.    Forgery and uttering Act documents
   313.    Making a false statement in application or other document

           Division 2--Offences relating to racing contingencies

   314.    Definitions for div 2
   315.    Person must not conduct a racing contingency

           Division 3--Offences relating to prohibited things or interfering with licensed animals, persons or things

   316.    Definitions for div 3
   317.    Person must not possess prohibited thing at particular places
   318.    Person must not use prohibited thing on, or interfere with, a licensed animal
   319.    Person must not interfere with licence holder or official of a control body

           Division 4--Unlawful bookmaking, places where betting done unlawfully and other provisions

   320.    Application of div 4
   321.    Unlawful bookmaking other than by racing bookmakers etc.
   322.    Illegal betting place
   323.    Prohibition on opening, keeping, using or promoting an illegal betting place
   324.    Contravention of s 321 or 323
   325.    Using an illegal betting place
   326.    Prohibition of betting at public place

           Division 5--Other offences

   327.    Interfering with particular things at licensed venue or places for holding trials
   328.    Attempt to commit offence

           Part 2--Legal proceedings

           Division 1--Evidence

   329.    Application of div 1
   330.    Appointments and authority
   331.    Signatures
   332.    Evidentiary aids—documents
   333.    Other evidentiary provisions

           Division 2--Matters about offence proceedings, indictable and summary offences

   334.    Types of offences
   335.    Proceedings for indictable offence
   336.    Limitation on who may summarily hear indictable offence
   337.    Limitation on time for starting summary proceeding
   338.    Increased penalties
   339.    Executive officers must ensure corporation complies with Act

CHAPTER 9--MISCELLANEOUS PROVISIONS

           Part 1--Miscellaneous provisions relating to racing and betting

   340.    Time race meeting taken to commence
   341.    Void betting contracts etc.
   342.    Betting and other activities to which s 341 does not apply

           Part 2--Forms and use of e-mail addresses

   343.    Approved forms
   344.    Electronic applications
   345.    Electronic notices about applications
   346.    E-mail address for service generally
   347.    Acts Interpretation Act 1954, s 39 not limited by ss 344-346

           Part 3--Administrative and other matters

   348.    Protection from liability
   349.    Things to be done as soon as practicable
   350.    Satisfaction, belief or suspicion must be on grounds that are reasonable in the circumstances
   351.    Matters must be considered appropriate on grounds that are reasonable in the circumstances
   352.    Records about drugs and veterinary surgeons
   353.    Fees etc. that are owing to the State are debts
   354.    Delegations

           Part 4--Regulations

   355.    Regulation-making power

CHAPTER 10--REPEAL, TRANSITIONAL PROVISIONS AND OTHER PROVISIONS

           Part 1--Repeal

   356.    Repeal of Racing and Betting Act

           Part 2--Transitional provisions for Racing Act 2002

           Division 1--Definition for part 2

   357.    Definition for pt 2

           Division 2--Provisions relating to chapter 2
           Subdivision 1--Matters about relocated provisions and control bodies under the repealed Act

   358.    Effect of relocation
   359.    Codes of racing for which continuing control bodies responsible
   360.    Things done under relocated provisions continue to have effect
   361.    Relocation does not affect legal personality etc.
   362.    Relocation does not affect existing legal relationships
   363.    Function of continuing control body
   364.    Powers of continuing control body
   365.    Minister to give each continuing control body an approval
   366.    Membership of continuing control body and chairpersons
   367.    Delegations by continuing control bodies
   368.    Application of this Act to continuing control body
   369.    Racing calendar
           Subdivision 2--Transitional provisions for provisions about control bodies under chapter 2
   371.    When corporation may apply for approval as control body for thoroughbred, harness or greyhound racing
           Subdivision 3--Racing associations
   372.    Membership of racing association and chairpersons
           Subdivision 4--Queensland Regional Racing Council
   373.    Continuation of council and its members and chairperson

           Division 3--Provisions relating to chapter 3

   374.    Licences and other forms of authority continue to have effect
   375.    Actions by control body continue to have effect
   376.    Consultation to be undertaken as part of development of policy
   377.    Rules of continuing control bodies are rules of racing under this Act
   378.    Amendment etc. of rules continued in force under s 377
   379.    Registered clubs taken to be licensed
   380.    Directions for s 101

           Division 4--Provisions relating to chapter 4

   381.    Definitions for div 4
   382.    Integrity board is continuation of advisory board
   383.    Members and chairperson of advisory board continue as board members and board chairperson
   384.    Racing science centre taken to be accredited facility

           Division 5--Provisions relating to chapter 5

   385.    Definitions for div 5
   386.    Tribunal is continuation of Racing Appeals Authority
   387.    Members of authority continue in office as tribunal members etc.
   388.    Appeals under repealed Act
   389.    Decisions of authority

           Division 6--Provisions relating to chapter 6

   390.    Racing bookmaker and racing bookmaker's clerk
   391.    Eligibility certificate
   392.    Audit program and investigation
   393.    Cancellation of eligibility certificate
   394.    Appeal relating to eligibility certificate
   395.    Approved bookmaking system under repealed Act taken to be approved under s 141 by continuing control body

           Division 7--Miscellaneous provisions

   396.    References to repealed Act

           Part 3--Transitional provision for Racing Amendment Act 2005

   396A.   First chairperson of country racing association not required to give notice under s 71(2) to committee

           Part 4--Transitional provisions for Racing Amendment Act 2006

   397.    Definitions for pt 4
   398.    Dissolution of former board
   399.    New thoroughbred control body is legal successor of former board
   400.    Assets and liabilities etc.
   401.    Employees of former board
   402.    Proceedings
   403.    Things done by former board
   404.    Rights and obligations of former board under this Act
   405.    Application of audit regime to new thoroughbred control body
   406.    Provision for committee members
   407.    Provision for application of s 68M
   408.    Appeals
   409.    Continuation of action started against licensed club under ch 3, pt 4
   410.    Pt 4 does not affect existing legal relationships
   411.    References to former board

           Part 5--Transitional provisions for Racing Amendment Act 2008

   412.    Definitions for pt 5
   413.    Dissolution of former boards
   414.    New control bodies are legal successor of former boards
   415.    Assets and liabilities etc.
   416.    Employees of former boards
   417.    Proceedings
   418.    Things done by former board
   419.    Rights and obligations of former boards under this Act
   420.    Application of audit regime to new greyhound control body and new harness control body
   421.    Appeals
   422.    Continuation of action started against licensed club under ch 3, pt 4
   423.    Continuing application of confidentiality obligation to members and employees of former continuing boards
   424.    Requirement for former board members to give annual report
   425.    Pt 5 does not affect existing legal relationships
   426.    References to former boards
           SCHEDULE 3 DICTIONARY
           Endnotes