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TASMANIA
__________
RACING REGULATION (TRANSITIONAL
AND CONSEQUENTIAL PROVISIONS) BILL
2003
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 SAVINGS AND TRANSITIONAL
Division 1 Interpretation
3. Interpretation of Part
Division 2 Offices and bodies
4. Director of Racing
5. Councils: members
6. Councils: stewards
7. Councils: staff
8. Councils: construction of instruments, &c.
9. Councils: elections
10. Tasmanian Racing Appeal Board (TRAB)
Division 3 Entitlements
11. Club registration, &c.
[Bill 90]-III
12. Bookmaker registration and telephone betting
endorsements
Division 4 Applications
13. Applications for registration
14. Applications for telephone betting endorsements
Division 5 Proceedings, &c.
15. TRAB appeals
16. Inquiries
17. Commencement of proceedings under new Act
18. Section 57EA agreements
Division 6 Rules and miscellaneous
19. Rules of Racing
20. Approved sports events
21. Authorisations to enter racecourses
22. Directions to bookmakers
23. Directions of TOTE Tasmania to Councils
24. Warning-off notices, &c.
Division 7 Preservation of former transitional
arrangements
25. Preservation of 1999 restructuring transitionals
26. References to Tasmanian Principal Clubs Board
Division 8 Regulations
27. Savings and transitional regulations
PART 3 ADMINISTRATION
28. Administration of Act
PART 4 REPEALS AND CONSEQUENTIAL
AMENDMENTS
29. Consequential amendments
30. Acts repealed
31. Statutory Rules rescinded
2
32. Statutory Rules revoked
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 ACTS REPEALED
SCHEDULE 3 STATUTORY RULES RESCINDED
SCHEDULE 4 STATUTORY RULES REVOKED
3
4
RACING REGULATION (TRANSITIONAL
AND CONSEQUENTIAL PROVISIONS) BILL
2003
(Brought in by the Minister for Racing, Sport and
Recreation, the Honourable Paul Anthony Lennon)
A BILL FOR
An Act to provide for savings and transitional
matters and to effect certain repeals and
amendments consequent on the enactment of the
Racing Regulation Act 2003 and the TOTE
Tasmania (Racing Regulation) Act 2003
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Racing Regulation
(Transitional and Consequential Provisions) Act 2003.
Commencement
2. This Act commences on the day on which the Racing
Regulation Act 2003 commences.
THIS BILL IS COGNATE WITH THE RACING REGULATION BILL 2003
[Bill 90] 5
s. 3 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
PART 2 SAVINGS AND TRANSITIONAL
Division 1 Interpretation
Interpretation of Part
3. (1) In this Part
"commencement day" means the day on which the
New Act commences;
"former Racing Act" means the Racing Act 1983;
"former Racing Regulation Act" means the
Racing Regulation Act 1952 in force
immediately before the commencement day;
"New Act" means the Racing Regulation Act 2003;
"transitional period" means the 12-month period
commencing on the commencement day.
(2) If an expression used in this Part is defined in
section 3 of the New Act, it has, unless the contrary
intention appears, the same meaning in this Part as in the
definition in the New Act.
Division 2 Offices and bodies
Director of Racing
4. (1) The State Service officer or State Service employee
who held the appointment of Director of Racing under the
former Racing Act immediately before the commencement
day continues in office as the Director of Racing under the
New Act until
(a) the appointment expires; or
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2003 Racing Regulation (Transitional and No. s. 5
Consequential Provisions)
(b) the appointment is sooner terminated under
the New Act.
(2) Any delegation of a function or power of the
Director under section 15 of the former Racing Act and in
force immediately before the commencement day is, if the
equivalent function or power exists under the New Act,
taken to be a delegation by the Director of that function or
power under section 9 of the New Act.
Councils: members
5. A person who, immediately before the commencement
day, was a member of one of the 3 specialist councils
reconstituted under Part III of the former Racing Act
continues in office as a member of that Council as
continued under the New Act until
(a) the term of office for which the member was
appointed or elected under the former Racing
Act expires; or
(b) the member's term of office is sooner
terminated under the New Act.
Councils: stewards
6. A person who, immediately before the commencement
day, held an appointment as a stipendiary steward for one
of the 3 specialist councils reconstituted under Part III of
the former Racing Act continues in office as a stipendiary
steward for the same Council as continued under the New
Act until
(a) the appointment expires; or
7
s. 7 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
(b) the appointment is sooner terminated under
the New Act.
Councils: staff
7. (1) A person who, immediately before the
commencement day, was an employee of one of the 3
specialist councils reconstituted under Part III of the
former Racing Act continues, without prejudice to his or
her existing or accruing leave, superannuation or other
entitlements, as an employee of that Council as continued
under the New Act.
(2) Until varied by the Council or by an applicable
award, the person continues as an employee for the same
remuneration as he or she was receiving immediately
before the commencement day and on the same conditions.
Councils: construction of instruments, &c.
8. (1) If after the commencement day it is expedient to do
so, a reference in any document to a Council by its
corporate name under the former Racing Act may, unless
the context or subject matter of the instrument indicates
or requires otherwise, be construed by any person as a
reference to the Council by its corporate name under the
New Act.
(2) For the avoidance of doubt, the application of
subsection (1) extends to
(a) documents used in legal proceedings
commenced before the commencement day;
and
(b) contractual documents executed before the
commencement day.
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2003 Racing Regulation (Transitional and No. s. 9
Consequential Provisions)
(3) In this section, "Council" means Harness
Racing Tasmania or Greyhound Racing Tasmania.
Councils: elections
9. (1) Any election being held before the commencement
day to elect a member of one of the 3 specialist councils
reconstituted under Part III of the former Racing Act may,
if the election had not been completed immediately before
that day, be continued and completed as if the New Act
had not been enacted.
(2) The declared result of any such election has
effect under and for the purposes of the New Act.
(3) For the purposes of this section, an election is
taken to have been completed once the returning officer
for the election has caused notice of the declared election
result to be published in any newspaper.
Tasmanian Racing Appeal Board (TRAB)
10. (1) A person who, immediately before the
commencement day, held an appointment as an ordinary
member of the former Board continues in office as an
ordinary member of the new Board under the New Act
until
(a) the appointment expires; or
(b) the appointment is sooner terminated under
the New Act.
(2) A person who, immediately before the
commencement day, held the appointment of chairperson
or deputy chairperson of the former Board continues in
9
s. 11 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
office as chairperson or deputy chairperson, as the case
may be, of the TRAB under the New Act until
(a) the appointment expires; or
(b) the appointment is sooner terminated under
the New Act.
(3) In this section
"former Board" means the Tasmanian Racing
Appeal Board (TRAB) as constituted under
Part V of the former Racing Act;
"new Board" means the TRAB as constituted
under Part 4 of the New Act;
"ordinary member" means a member of the TRAB
other than the chairperson or deputy
chairperson.
Division 3 Entitlements
Club registration, &c.
11. (1) A club that was registered as a club under the
former Racing Regulation Act is taken to be registered as
a club under the New Act.
(2) Subsection (1) applies to a club even if its
registration under the former Racing Regulation Act was
suspended, but nothing in this section is to be taken as
revoking, or reducing the period of, the suspension.
(3) Any winding-up being executed under section 45
of the former Racing Regulation Act (pursuant to the
publication of a winding-up notice within the meaning of
that section) may be continued and executed by the
Director under section 46 of the New Act.
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2003 Racing Regulation (Transitional and No. s. 12
Consequential Provisions)
(4) Any approval given by the Director under section
45AA of the former Racing Regulation Act but not acted
upon before the commencement day has effect as a
permission for the purposes of section 47 of the New Act.
Bookmaker registration and telephone betting
endorsements
12. (1) A person who was registered as a bookmaker
under the former Racing Regulation Act is taken to be
registered as a bookmaker under the New Act (on the
same conditions, if any, as applied to the registration
immediately before the commencement day) until
(a) the period for which the person was registered
under the former Racing Regulation Act
expires; or
(b) the registration is sooner cancelled or
surrendered under the New Act.
(2) If the person's certificate of registration as a
bookmaker under the former Racing Regulation Act had a
telephone betting endorsement, the endorsement also
continues in force (on the same conditions, if any, as
applied to the endorsement immediately before the
commencement day) under the New Act until
(a) the period for which the person was registered
under the former Racing Regulation Act
expires; or
(b) the registration is sooner cancelled or
surrendered under the New Act.
(3) Subsections (1) and (2) apply even if,
immediately before the commencement day, the person's
registration as a bookmaker under the former Racing
11
s. 13 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
Regulation Act was suspended, but nothing in this section
is to be taken as revoking, or reducing the period of, the
suspension.
Division 4 Applications
Applications for registration
13. (1) An application for registration of any kind under
the former Racing Regulation Act that had not been
processed and finally determined immediately before the
commencement day is, if equivalent registration is
available under the New Act, to be regarded by the
Director, TRAB and other persons as an application for
that equivalent registration under the New Act and the
application may continue to be processed and determined
in all respects as if it were a valid application made under
the New Act.
(2) If equivalent registration is not available under
the New Act
(a) the application lapses; and
(b) the application fee, if any, that accompanied
the application is to be refunded in full to the
applicant.
(3) The fee that is payable for an application
referred to in subsection (1) is the same as the fee, if any,
that was payable under the former Racing Regulation Act.
(4) The bond, indemnity or other form of security
that is required to be given in relation to an application
referred to in subsection (1) is the same as the bond,
indemnity or other form of security, if any, that was
required to be given under the former Racing Regulation
Act.
12
2003 Racing Regulation (Transitional and No. s. 14
Consequential Provisions)
Applications for telephone betting endorsements
14. (1) An application for a telephone betting
endorsement under the former Racing Regulation Act that
had not been processed and finally determined
immediately before the commencement day is to be
regarded by the Director and other persons as an
application for a telephone betting endorsement under the
New Act and the application may continue to be processed
and determined in all respects as if it were a valid
application made under the New Act.
(2) The application fee that is payable for the
application is the same as the application fee that was
payable under the former Racing Regulation Act.
(3) The bond, indemnity or other form of security
that is required to be given in relation to the application is
the same as the bond, indemnity or other form of security
that was required to be given under the former Racing
Regulation Act.
Division 5 Proceedings, &c.
TRAB appeals
15. (1) If an appeal under section 26 of the former Racing
Act had not been completed immediately before the
commencement day, the TRAB may proceed to hear, or
continue to hear, and determine the appeal as if the New
Act had not been enacted.
(2) On the completion of the appeal, the TRAB may
make such orders as it thinks fit to ensure that its
findings and determinations on the appeal are translated
to the scheme of, and have effect under, the New Act.
13
s. 16 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
(3) An order of the TRAB made under subsection (2)
has effect as an order of the TRAB for the purposes of the
New Act.
(4) For the purposes of this section, an appeal under
section 26 of the former Racing Act is to be taken to have
been completed as soon as the TRAB announces its
findings, whether or not the reasons for those findings are
given at the same time or a later time.
Inquiries
16. (1) Any inquiry being held by the Director under
section 24, 60AA or 60AAB of the former Racing
Regulation Act may, in the Director's discretion
(a) be continued as an inquiry under the New Act;
or
(b) be discontinued.
(2) Any inquiry that was being held under section 30
of the former Racing Regulation Act is to be discontinued.
Commencement of proceedings under new Act
17. For the avoidance of doubt, section 103 of the New Act
applies only to offences committed on or after the
commencement day.
Section 57EA agreements
18. (1) The repeal by this Act of section 57EA of the
former Racing Regulation Act does not terminate or
invalidate any business agreement or arrangement
14
2003 Racing Regulation (Transitional and No. s. 19
Consequential Provisions)
entered into by TOTE Tasmania under that section and
still in force immediately before the commencement day.
(2) A business agreement or arrangement of the
kind referred to in subsection (1) continues in force
according to its terms.
Division 6 Rules and miscellaneous
Rules of Racing
19. (1) The Rules of Racing that were in force for a code of
racing under the former Racing Act immediately before
the commencement day continue in force as the Rules of
Racing for that code of racing under and for the purposes
of the New Act.
(2) On or after the commencement day the Rules of
Racing so continued in force may at any time be amended,
or rescinded and replaced by new rules, in accordance with
the New Act.
Approved sports events
20. (1) Any event that was the subject of a notice under
section 63AA(1) of the former Racing Regulation Act is, if
that notice was still in force immediately before the
commencement day and not spent, taken to be an
approved sports event within the meaning of and for the
purposes of the New Act.
(2) The Director may, by notice published in the
Gazette, revoke any notice under section 63AA(1) of the
former Racing Regulation Act that was in force
immediately before the commencement day.
15
s. 21 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
(3) A notice published under subsection (2) is not a
statutory rule within the meaning of the Rules Publication
Act 1953.
Authorisations to enter racecourses
21. An authorisation under section 16 of the former
Racing Act in force immediately before the commencement
day continues in force as an authorisation under section
95(1) of the New Act.
Directions to bookmakers
22. To the extent that they are applicable under the New
Act, any directions to bookmakers that were in force under
section 59(3) of the former Racing Regulation Act continue
in force and effect during the transitional period,
according to their terms, as directions to registered
bookmakers under and for the purposes of the New Act.
Directions of TOTE Tasmania to Councils
23. (1) To the extent that they are applicable under the
New Act, any directions to a Council that were in force
under section 16K of the former Racing Act immediately
before the commencement day continue in force and effect
during the transitional period, according to their terms, as
directions to that Council under and for the purposes of
the New Act.
(2) TOTE Tasmania may at any time during the
transitional period rescind a direction referred to in
subsection (1) or, by a further direction, amend any such
direction.
16
2003 Racing Regulation (Transitional and No. s. 24
Consequential Provisions)
Warning-off notices, &c.
24. (1) Any notice issued by a racing authority under
section 39 or 101 of the former Racing Regulation Act that
was still in force immediately before the commencement
day continues in force on and after that day, according to
its terms, as a warning-off notice issued by that racing
authority under section 53 of the New Act.
(2) In this section, "racing authority" means the
Director, a Council or a registered club.
Division 7 Preservation of former transitional
arrangements
Preservation of 1999 restructuring transitionals
25. (1) Notwithstanding the repeal of the former Racing
Act, section 40 of that Act continues to have effect on and
after the commencement day as if it were re-enacted in
this Act.
(2) For the purposes of this section, an expression
used in section 40 of the former Racing Act has the same
meaning as it had in that Act.
References to Tasmanian Principal Clubs Board
26. (1) In construing, on or after the commencement day,
an instrument that was in force before the 1985
changeover day, a reference to the Board is, unless the
contrary intention appears in the instrument, to be read
as a reference to the Tasmanian Thoroughbred Racing
Council.
(2) In this section
17
s. 27 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
"Board" means the Tasmanian Principal Clubs
Board constituted under the former Racing
Act as in force between 13 February 1984 and
the 1985 changeover day;
"instrument" means a document, other than an
Act, that creates, evidences, modifies or
extinguishes rights or obligations;
"1985 changeover day" means the day fixed by
proclamation under section 2(2) of the Racing
Amendment Act (No. 2) 1985.
Division 8 Regulations
Savings and transitional regulations
27. (1) The Governor may make regulations of a savings
or transitional nature consequent on the repeal of the
former Racing Act or former Racing Regulation Act and
the enactment of the New Act or any Act with which the
New Act is incorporated.
(2) Regulations made under this section may
(a) take effect on the commencement day or a
later day as specified in the regulations,
whether the day so specified is before, on or
after the day on which the regulations are
made; and
(b) be made so as to apply differently according to
matters, limitations or restrictions, whether as
to time, circumstance or otherwise, specified in
the regulations; and
(c) authorise any matter to be from time to time
determined, applied or regulated by the
Minister or Director; and
18
2003 Racing Regulation (Transitional and No. s. 27
Consequential Provisions)
(d) rescind any regulations or other subordinate
legislation made under the former Racing Act
or former Racing Regulation Act (or under any
Act that amended either of those Acts).
19
s. 28 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
PART 3 ADMINISTRATION
Administration of Act
28. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Racing, Sport and Recreation;
and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Infrastructure, Energy and
Resources.
20
2003 Racing Regulation (Transitional and No. s. 29
Consequential Provisions)
PART 4 REPEALS AND CONSEQUENTIAL
AMENDMENTS
Consequential amendments
29. The legislation specified in Schedule 1 is amended as
specified in that Schedule.
Acts repealed
30. The Acts specified in Schedule 2 are repealed.
Statutory Rules rescinded
31. The Statutory Rules specified in Schedule 3 are
rescinded.
Statutory Rules revoked
32. The Statutory Rules specified in Schedule 4 are
revoked.
21
sch. 1 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 29
Animal Welfare Act 1993
1. Section 25(2) is amended by omitting "registered club
within the meaning of the Racing and Gaming Act 1952"
and substituting "club registered under the Racing
Regulation Act 2003".
Annulled Convictions Act 2003
1. Part 5 of Schedule 1 is amended as follows:
(a) by omitting from clause 3 "Racing Regulation
Act 1952" and substituting "Racing Regulation
Act 2003";
(b) by omitting from clause 4 "Racing Regulation
Act 1952" and substituting "Racing Regulation
Act 2003".
Anzac Day Observance Act 1929
1. Section 3 is amended as follows:
(a) by omitting the definition of "coursing";
(b) by omitting "Racing and Gaming Act 1952"
from the definition of "race meeting" and
substituting "Racing Regulation Act 2003".
2. Section 4(1) is amended by omitting "and coursing".
22
2003 Racing Regulation (Transitional and No. sch. 1
Consequential Provisions)
3. Section 5(1) is amended by omitting ", coursing,".
4. Section 6 is amended by omitting "Racing and Gaming
Act 1952" from the definition of "race meeting" and
substituting "Racing Regulation Act 2003".
5. Section 9(2) is amended by omitting paragraph (a).
Gaming Control Act 1993
1. Section 76B(4) is amended as follows:
(a) by omitting from paragraph (a)(i) "section 59
of the Racing and Gaming Act 1952" and
substituting "the Racing Regulation Act 2003";
(b) by omitting paragraph (c) and substituting the
following paragraph:
(c) a gaming activity carried on by the
company formed under section 6 of
the TOTE Tasmania Act 2000;
and
Judicial Review Act 2000
1. Clause 3 of Schedule 1 is amended by omitting
paragraph (j) and substituting the following paragraph:
(j) Racing Regulation Act 2003;
23
sch. 1 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
Racing Regulation Act 1952
1. Section 1(1) is amended by omitting "Regulation" and
substituting "(Totalizator Betting)".
2. Section 3 is amended as follows:
(a) by omitting the definitions of "approved
event", "area" and "authorised police officer";
(b) by omitting the definition of "betting
premises";
(c) by omitting the definitions of "cease to race"
and "chairperson";
(d) by omitting the definition of "city area";
(e) by omitting the definition of "Commissioner
for State Revenue";
(f) by omitting the definitions of "Director",
"existing club" and "fee unit";
(g) by omitting the definition of "goods and
services tax";
(h) by omitting the definitions of "harness racing"
and "harness racing club";
(i) by omitting the definition of "horse-racing
club";
(j) by omitting the definition of "occupier";
(k) by omitting the definitions of "proprietary
club" and "public place";
(l) by omitting the definition of "RAB";
(m) by omitting the definition of "registered club";
24
2003 Racing Regulation (Transitional and No. sch. 1
Consequential Provisions)
(n) by omitting the definition of "telephone betting
endorsement";
(o) by omitting the definition of "trotting-horse".
3. Part III is repealed.
4. Section 57E is amended as follows:
(a) by omitting subsection (2) and substituting the
following subsection:
(2) Despite any law or rule of law to the
contrary, it is lawful for persons to bet in a
totalizator conducted by TOTE Tasmania in
the performance of its function under
subsection (1).
(b) by omitting subsections (5), (6) and (7).
5. Section 57EA is repealed.
6. Sections 57QB, 57QC and 57QD are repealed.
7. Section 57U is amended by inserting after subsection
(4) the following subsection:
(5) Despite any law or rule of law to the
contrary, it is lawful for a club to conduct totalizator
betting under a totalizator licence granted by TOTE
Tasmania to the club's committee pursuant to this
section.
8. Section 57V(1) is amended by omitting "registered
club." and substituting "club registered under the Racing
Regulation Act 2003.".
9. Section 57ZP(b)(ii) is amended by inserting "within the
meaning of section 36 of the Racing Regulation Act 2003"
after "racecourse".
25
sch. 1 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
10. Parts V and VI are repealed.
11. Sections 106, 107, 108, 109, 110, 111 and 111A are
repealed.
12. Section 112 is amended as follows:
(a) by omitting subsections (4), (7), (8), (9) and
(10);
(b) by omitting subsections (12B) and (13).
13. Sections 113 and 114 are repealed.
14. Section 117 is repealed.
15. Section 119 is amended as follows:
(a) by omitting paragraphs (a), (b) and (bb) from
subsection (2);
(b) by omitting paragraph (d) from subsection (2);
(c) by omitting subsections (3), (3A), (3B) and (4);
(d) by omitting from subsection (6) ", other than a
regulation containing such a provision as is
mentioned in subsection (3B),".
16. Sections 121, 122 and 124 are repealed.
17. Schedules II and III are repealed.
TT-Line Gaming Act 1993
1. Section 9 is amended by omitting subsection (2).
26
2003 Racing Regulation (Transitional and No. sch. 2
Consequential Provisions)
SCHEDULE 2 ACTS REPEALED
Section 30
Racing Act 1983 (No. 87 of 1983)
27
sch. 3 No. Racing Regulation (Transitional and 2003
Consequential Provisions)
SCHEDULE 3 STATUTORY RULES RESCINDED
Section 31
Racing (Electoral) Regulations 1997 (No. 197 of 1997)
Racing (Electoral) Amendment Regulations 1998 (No. 7 of
1998)
28
2003 Racing Regulation (Transitional and No. sch. 4
Consequential Provisions)
SCHEDULE 4 STATUTORY RULES REVOKED
Section 32
Racing Order 1997 (No. 114 of 1997)
Government Printer, Tasmania 29