RACING INTEGRITY ACT 2016 - As at 1 February 2024 - Act 12 of 2016

Table of Provisions

• Long Title

CHAPTER 1 - PRELIMINARY

• 1 Short title
• 2 Commencement
• 3 Main purposes of Act and their achievement
• 4 Extraterritorial application of Act
• 5 Dictionary
• 6 Act binds State, Commonwealth and other States

CHAPTER 2 - QUEENSLAND RACING INTEGRITY COMMISSION

PART 1 - ESTABLISHMENT

• 7 Establishment and status
• 8 Commission represents the State
• 9 Application of other Acts

PART 2 - FUNCTIONS AND POWERS

• 10 Functions
• 11 General restriction on functions
• 12 Powers
• 13 Ministerial directions

PART 3 - RACING INTEGRITY COMMISSIONER AND DEPUTY RACING INTEGRITY COMMISSIONERS

• 14 Racing Integrity Commissioner
• 15 Deputy Racing Integrity Commissioners
• 16 Persons eligible to be commissioner or deputy commissioner
• 17 Functions of commissioner
• 18 Functions of deputy commissioner
• 19 Powers of commissioner and deputy commissioner
• 20 Vacancy in office
• 21 Resignation
• 22 Removal or suspension
• 23 Acting commissioner
• 24 Acting deputy commissioner
• 25 Preservation of rights of commissioner and deputy commissioner
• 26 Delegations

PART 4 - COMMISSION’S ROLE IN ASSESSING APPROVAL APPLICATIONS

• 27 Assessment of approval applications
• 28 Assessment if 2 or more approval applications
• 29 Assessing applicants for approval applications
• 30 Commission may require further information or documents

PART 5 - AUDITS AND INVESTIGATIONS

Division 1 - Commission’s powers for investigations

• 31 Investigations into suitability of a control body
• 32 Investigation into suitability of associate of control body
• 33 Requirement to give information or document for investigation
• 34 Failure to give information or document for investigation
• 35 Criminal history report for investigation

Division 2 - Commissioner’s powers for audits and investigations

• 36 Powers for audits and investigations
• 37 Power to require attendance and giving of evidence
• 38 Power to require information, document or thing
• 39 Offences relating to audits and investigations
• 40 Power to refuse to investigate complaint

PART 6 - REPORTING AND ACCOUNTABILITY

Division 1 - Reporting generally

• 41 Quarterly reports
• 42 Commission to keep Minister informed
• 43 Reporting to department
• 44 Other reporting requirements

Division 2 - Annual reports

• 45 Annual report

Division 3 - Strategic and operational plans

• 46 Interaction with the Financial Accountability Act 2009
• 47 Draft strategic and operational plans
• 48 Procedures
• 49 Strategic or operational plan pending agreement
• 50 Strategic or operational plan on agreement
• 51 Compliance with strategic and operational plans
• 52 Modifications of strategic or operational plan
• 53 Content of strategic and operational plans

PART 6A - INFORMATION SHARING

• 53A Exchange of information

PART 7 - ADMINISTRATION

• 54 Funding
• 55 Recovery of unpaid amounts
• 56 Commission may charge fees for its services

CHAPTER 3 - COMMISSION’S FUNCTIONS IN RELATION TO CODES OF RACING

PART 1 - PRELIMINARY

• 57 Purpose of chapter

PART 2 - STANDARDS

Division 1 - General provisions about standards

• 58 Standards for codes of racing
• 59 Form of standards
• 60 Availability of standards
• 61 Application of standards
• 62 Standards are statutory instruments

Division 2 - Standards for licensing schemes

• 63 Purposes of licensing schemes
• 64 Standards for licensing schemes for codes of racing
• 65 Standards for a licensing scheme—mandatory matters
• 66 Standards for a licensing scheme—discretionary matters
• 67 Application for licence
• 68 Licences may not be transferred

Division 3 - Other matters about policies

• 69 Same animal or participant may be licensed for multiple codes of racing

CHAPTER 4 - RACING BOOKMAKERS

PART 1 - REQUIREMENTS FOR RACING BOOKMAKERS’ LICENCES AND FOR RELATED MATTERS

• 70 Requirement to hold racing bookmaker’s licence or approval
• 71 Requirement for racing bookmaker to hire licensed clerk
• 72 Requirement to hold licence as racing bookmaker’s clerk
• 73 Requirement to produce licence or approval
• 74 Requirement for commission to ensure particular persons have current licences
• 75 Unlawful bookmaking by racing bookmaker
• 76 Requirements for betting by racing bookmakers
• 77 Special requirements for betting by racing bookmaker who holds offcourse approval

PART 2 - LICENSING OF PERSONS AS RACING BOOKMAKERS

Division 1 - Applications for racing bookmaker’s licences

• 78 Applications
• 79 Requirements about applications
• 80 Further information or documents to support application

Division 2 - Suitability of applicants and associates

• 81 Suitability of applicants for racing bookmaker’s licence
• 82 Suitability of business and executive associates
• 83 Other matters about suitability

Division 3 - Dealing with applications

• 85 Consideration of application
• 86 Conditions for granting application
• 87 Investigation of suitability of persons
88. (Repealed)
• 89 Criminal history reports for investigations
• 90 Requirement of associate to give information or document for investigation
• 91 Decision on application
• 92 Form of racing bookmaker’s licence
• 93 What corporate licence must include
• 94 Period for which racing bookmaker’s licence has effect

Division 4 - Investigations of racing bookmakers and associates

• 95 Audit program
• 96 Investigations into suitability of licence holder
• 97 Investigation into suitability of associate of licence holder
• 98 Criminal history report for investigation
• 99 Requirement to give information or document for investigation
• 100 Failure to give information or document for investigation

Division 5 - Cancellation of racing bookmaker’s licences

• 101 Grounds for cancellation
102. (Repealed)
• 103 Show cause notice
• 104 Consideration of submission
• 105 Ending show cause process without further action
• 106 Cancellation
• 107 Return of cancelled racing bookmaker’s licence
• 108 Censuring licence holder

Division 6 - Other matters relating to licensing

• 109 Corporate licence holder must advise commission of change in executive officers or persons with substantial holdings
• 110 Commission may amend racing bookmaker’s licence to show change in executive officers
• 111 Surrender of racing bookmaker’s licence
112. (Repealed)

Division 7 - (Repealed)

PART 3 - OFFCOURSE APPROVALS FOR RACING BOOKMAKERS

Division 1 - Applications for, and granting of, offcourse approvals

• 116 Application for offcourse approval
• 117 Further information or documents to support application
• 118 Requirement of commission to give information or documents relating to application
• 119 Consideration of application
• 120 Decision on application
• 121 What are the conditions of an offcourse approval
• 122 What is the accepted undertaking for an offcourse approval
• 123 Notice of decision on application

Division 1A - Amendments of offcourse approvals

• 123A Application for amendment of offcourse approval
• 123B Further information or documents to support amendment application
• 123C Decision on amendment application
• 123D Notice of decision to refuse amendment application

Division 2 - Cancellation of offcourse approval

• 124 Grounds for cancellation
• 125 Show cause notice
• 126 Involvement of commission in show cause process
• 127 Consideration of submissions
• 128 Ending show cause process without further action
• 129 Cancellation
• 130 Return of cancelled offcourse approval
• 131 Automatic cancellation or suspension of offcourse approval
• 132 Censuring racing bookmaker
• 133 Notice to commission of decisions

Division 3 - Immediate suspension of offcourse approval

• 134 Immediate suspension of offcourse approval

PART 3A - BETTING INDUCEMENTS AND DIRECT MARKETING

• 134A Definitions for part
• 134B Prohibited inducements
• 134C Betting using free bets
• 134D Restrictions on direct marketing
• 134E Obligation of racing bookmaker to identify person’s location

PART 4 - OTHER PROVISIONS ABOUT RACING BOOKMAKERS

• 135 When a racing bookmaker may make a bet with a person who is not present at a licensed venue
• 136 Racing bookmakers to maintain insurance policy or bond to indemnify bettors against default
• 137 Commission to ensure racing bookmaker has accepted insurance policy or bond
• 138 Prohibition of betting by racing bookmaker with minor
• 139 Lawful bet by racing bookmaker is taken to be a valid contract
• 140 Payment and settlement of bets

PART 5 - MISCELLANEOUS

• 141 Bookmaking on particular declared sporting contingencies
• 142 Racing bookmaker’s agent during particular periods
• 142A Approving telecommunications system for bookmaking

CHAPTER 5 - INVESTIGATION AND ENFORCEMENT

PART 1 - GENERAL PROVISIONS ABOUT AUTHORISED OFFICERS

Division 1 - Appointment

• 143 Authorised officers under this chapter
• 144 Functions of authorised officers
• 145 Appointment and qualifications
• 146 Appointment conditions and limit on powers
• 147 When office ends
• 148 Resignation

Division 2 - Identity cards

• 149 Issue of identity card
• 150 Production or display of identity card
• 151 Return of identity card

Division 3 - Miscellaneous provisions

• 152 Reference to exercise of powers
• 153 Reference to document includes reference to reproductions from electronic document

PART 2 - ENTRY OF PLACES BY AUTHORISED OFFICERS

Division 1 - Power to enter

• 154 General power to enter places
• 155 Power to enter place to check action required under animal welfare direction
• 156 Power to enter place to ascertain if animal severely injured
• 157 Power to enter place in relation to animal welfare offence
• 158 Limited entry power to provide relief to animal

Division 2 - Entry by consent

• 159 Application of division
• 160 Incidental entry to ask for access
• 161 Matters authorised officer must tell occupier
• 162 Consent acknowledgement

Division 3 - Entry for particular purposes

• 163 Entry of place under ss 155, 156 and 157

Division 4 - Entry under warrant

• 164 Application for warrant
• 165 Issue of warrant
• 166 Electronic application
• 167 Additional procedure if electronic application
• 168 Defect in relation to a warrant
Subdivision 2 - Entry procedure
• 169 Entry procedure

PART 3 - OTHER AUTHORISED OFFICERS’ POWERS AND RELATED MATTERS

Division 1 - Stopping or moving vehicles

• 170 Application of division
• 171 Power to stop or move
• 172 Identification requirements if vehicle moving
• 173 Failure to comply with direction

Division 2 - General powers of authorised officers after entering places

• 174 Application of division
• 175 General powers
• 176 Power to require reasonable help
• 177 Offence to contravene help requirement

Division 3 - Seizure by authorised officers and forfeiture

• 178 Seizing evidence at a place that may be entered without consent or warrant
• 179 Seizing evidence at a place that may be entered only with consent or warrant
• 180 Seizure of property subject to security
Subdivision 2 - Powers to support seizure
• 181 Power to secure seized thing
• 182 Offence to contravene seizure requirement
• 183 Offence to interfere
Subdivision 3 - Safeguards for seized things
• 184 Receipt and information notice for seized thing
• 185 Access to seized thing
• 186 Return of seized thing
Subdivision 4 - Forfeiture
• 187 Forfeiture by commissioner decision
• 188 Information notice about forfeiture decision
Subdivision 5 - Dealing with property forfeited or transferred to the State
• 189 When thing becomes property of the State
• 190 How property may be dealt with

Division 4 - Disposal orders

• 191 Disposal order

Division 5 - Animal welfare directions

• 192 Application of division
• 193 Power to give animal welfare direction
• 194 Requirements for giving animal welfare direction
• 195 Failure to comply with animal welfare direction

Division 6 - Authorised officer’s power to destroy animals

• 196 Power of destruction

Division 7 - Other information-obtaining powers of authorised officers

• 197 Power to require name and address
• 198 Offence to contravene personal details requirement
• 199 Power to require production of document
• 200 Offence to contravene document production requirement
• 201 Offence to contravene document certification requirement
• 202 Power to require information
• 203 Offence to contravene information requirement

PART 4 - MISCELLANEOUS PROVISIONS RELATING TO AUTHORISED OFFICERS

Division 1 - Damage

• 204 Duty to avoid inconvenience and minimise damage
• 205 Notice of damage

Division 2 - Compensation

• 206 Compensation

Division 3 - Other offences relating to authorised officers

• 207 Giving authorised officer false or misleading information
• 208 Obstructing authorised officer
• 209 Impersonating authorised officer

Division 4 - Other provisions

• 210 Evidential immunity for individuals complying with particular requirements

CHAPTER 5A - REPORTING AND RECORDING REQUIREMENTS FOR LIVESTOCK SLAUGHTER FACILITIES

• 210A Reporting requirement for supplier of horses to livestock slaughter facilities
• 210B Records to be kept by owner of livestock slaughter facility
• 210C Reporting obligation of owner of livestock slaughter facility

CHAPTER 6 - GENERAL

PART 1 - OFFENCES

Division 1 - Offences relating to administration of Act

• 211 Definitions for division
• 212 Offence to disclose confidential information or copy background document
• 213 Forgery and uttering Act documents
• 214 Making a false statement in application or other document

Division 2 - Offences relating to racing contingencies

• 215 Person must not conduct a racing contingency

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

• 216 Definitions for division
• 217 Person must not possess prohibited thing at particular places
• 218 Person must not use prohibited thing on, or interfere with, a licensed animal
• 219 Person must not interfere with licence holder or official of the commission

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

• 220 Application of division
• 221 Unlawful bookmaking other than by racing bookmakers etc.
• 222 Illegal betting place
• 223 Prohibition on opening, keeping, using or promoting an illegal betting place
• 224 Contravention of s 221 or 223
• 225 Using an illegal betting place
• 226 Prohibition of betting at public place

Division 5 - Attempts

• 227 Attempt to commit offence

PART 2 - EVIDENTIARY AND LEGAL PROCEEDINGS

Division 1 - Evidence

• 228 Application of division
• 229 Appointments and authority
• 230 Evidentiary aids
• 231 Other evidentiary provisions

Division 2 - Offence proceedings

• 232 Types of offences
• 233 Proceedings for indictable offences
• 234 Limitation on who may summarily hear indictable offence
• 235 Proceedings for simple offences
• 236 When convictions for offences not receivable in evidence

Division 3 - Remedies

• 237 Recovery of seizure, compliance or destruction costs
• 238 Compensation because of animal welfare offence
• 239 General provisions for orders about compensation or costs

PART 3 - REVIEWS AND APPEALS OF PARTICULAR DECISIONS

Division 1 - Preliminary

• 240 What is an original decision
• 241 Who is an interested person for an original decision

Division 2 - Internal reviews

• 242 Review starts with internal review
• 243 Applying for internal review of original decision
• 244 Staying operation of original decision on internal review
• 245 Reviewing original decision

Division 3 - External review

• 246 Applying for external review

Division 4 - Appeals

• 247 Appealing internal review decision
• 248 Staying operation of internal review decision
• 249 Powers of court on appeal
• 250 Effect of court’s decision on appeal
• 251 Particular powers about seizure or forfeiture
• 252 Appeal to District Court

PART 4 - REVIEWS AND APPEALS OF STEWARDS’ RACING DECISIONS

Division 1 - Preliminary

• 252AA Definitions for part

Division 2 - Application for review by panel

• 252AB Applying for review
• 252AC Parties to application

Division 3 - Constitution of panel

• 252AD Constituting panel for application
• 252AE Disclosure of conflicting interest

Division 4 - Deciding applications

• 252AF Way application decided
• 252AG When application must be decided
• 252AH Decision of panel
Subdivision 2 - Hearings
• 252AI Notice of hearing
• 252AJ Public hearing
• 252AK Requiring witness to attend or produce document or thing
• 252AL Offences for witness
• 252AM Hearing in absence of parties or others
• 252AN Contempt of panel at hearing
Subdivision 3 - Other procedural matters
• 252AO Conducting review generally
• 252AP Evidence before panel
• 252AQ Applicant bears own costs
• 252AR Withdrawal of application
• 252AS Record of review

Division 5 - Stays of stewards’ racing decisions

• 252AT Staying operation of racing decision

Division 6 - Appeal of panel decisions

• 252AU Appealing disqualification action to appeal tribunal
• 252AV Staying operation of panel’s decision

PART 5 - RACING APPEALS PANEL

Division 1 - Establishment, functions and powers

• 252AW Establishment of panel
• 252AX Finances of panel
• 252AY Functions of panel
• 252AZ Powers
• 252BA Independence of panel and members

Division 2 - Members

• 252BB Composition of panel
• 252BC Appointment
• 252BD Eligibility for appointment
• 252BE Term of appointment
• 252BF Conditions of appointment
Subdivision 2 - Functions
• 252BG Functions of members
Subdivision 3 - Ending appointments
• 252BH Resignation
• 252BI Removal from office
• 252BJ Vacancy in office

Division 3 - Administration

• 252BK Registrar and other staff
• 252BL Functions of registrar
• 252BM Register of decisions
Subdivision 2 - Criminal history
• 252BN Criminal history report
• 252BO Changes in criminal history must be disclosed
Subdivision 3 - Miscellaneous
• 252BP Annual performance report

CHAPTER 7 - MISCELLANEOUS PROVISIONS

PART 1 - MISCELLANEOUS PROVISIONS RELATING TO RACING AND BETTING

• 253 Betting under this Act is lawful
• 254 Time race meeting taken to commence
• 255 Void betting contracts etc.
• 256 Betting and other activities to which s 255 does not apply

PART 1A - MISCELLANEOUS PROVISIONS RELATING TO STEWARDS’ REPORTS

• 256A Publication of stewards’ reports
• 256B Request for commission not to publish personal information contained in steward’s report
• 256C Publication of elevated readings for licensed horses

PART 2 - OTHER MISCELLANEOUS PROVISIONS

• 257 Approved forms
• 258 Delegations
• 259 Protection from civil liability
• 260 Protection from liability for giving information
• 261 Sharing of information by authorised officer
• 262 Interaction with other laws
• 263 Executive officer may be taken to have committed offence
264. (Repealed)
• 265 Fees etc. owing to the State are debts
• 266 Regulation-making power

CHAPTER 8 - TRANSITIONAL PROVISIONS FOR ACT NO. 12 OF 2016

PART 1 - PURPOSES AND DEFINITIONS

• 267 Main purposes
• 268 Definitions for chapter

PART 2 - GENERAL APPROACH FOR EXISTING MATTERS UNDER PREVIOUS PROVISIONS

• 269 Document, action, obligation, right or protection under previous provision
• 270 Terminology in things mentioned in s 269
• 271 Period stated in previous provision
• 272 Period or day stated in document given under previous provision
• 273 Action happening before commencement may be relevant to proceeding for particular acts or omissions

PART 3 - EXAMPLES OF CONTINUING MATTERS FOR PREVIOUS PROVISIONS

• 274 Examples for previous ss 47–51
• 275 Examples for previous ch 3, pt 2, divs 2 and 3
• 276 Examples for previous ch 3A, pt 3
• 277 Examples for previous ch 6, pts 1 and 3A to 5
• 278 Examples for previous ch 7

PART 4 - OTHER MATTERS

Division 1 - Staff of the commission

• 279 What is the employee register
• 280 Who is a transferable employee
• 281 Transfer of transferable employees
• 282 Preservation of rights of transferable employees

Division 2 - Eligibility certificates

• 283 Existing applications for eligibility certificates
• 284 Existing right to apply for licence as racing bookmaker
• 285 Continuing obligation of certificate holders to give notice of particular changes
• 286 Approved audit program
• 287 Continuation of show cause process
• 288 Reviews
• 289 Continuing obligation of control body to give notice of certain actions about racing bookmakers

Division 3 - Miscellaneous provisions

• 290 Licences and other documents under policies
• 291 Offences before commencement
• 292 Acts Interpretation Act 1954, s 20 not limited

PART 5 - (Expired)

CHAPTER 8A - (Expired)

CHAPTER 9 - OTHER TRANSITIONAL PROVISIONS

PART 1 - TRANSITIONAL PROVISIONS FOR SERIOUS AND ORGANISED CRIME LEGISLATION AMENDMENT ACT 2016

• 294 Applications not finally decided
• 295 Show cause process not finally decided
• 296 Proceedings not finally decided

PART 2 - TRANSITIONAL PROVISION FOR CRIMINAL CODE (CONSENT AND MISTAKE OF FACT) AND OTHER LEGISLATION AMENDMENT ACT 2021

• 297 Interactive betting accounts established before commencement

PART 3 - TRANSITIONAL PROVISIONS FOR RACING INTEGRITY AMENDMENT ACT 2022

• 298 Definitions for part
• 299 Existing application to act as racing bookmaker’s agent
• 300 Existing matters relating to telecommunications systems
• 301 Review of existing racing decisions
• SCHEDULE 1