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TASMANIA
__________
RACING REGULATION AMENDMENT (RACE
FIELDS) BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 6A inserted
PART 6A Regulation of publication and use of race fields
54A. Publication of Tasmanian race fields restricted
54B. Director may grant race field publication approvals
54C. Applications for race field publication approvals
54D. Appeals to Secretary of Department
54E. Delegation by Secretary of Department
54F. Effect of race field publication approval limited
6. Section 109 amended (Regulations)
7. Transitional provisions
[Bill 47]-I
2
RACING REGULATION AMENDMENT (RACE
FIELDS) BILL 2008
(Brought in by the Minister Police and Emergency
Management, the Honourable James Glennister Cox)
A BILL FOR
An Act to amend the Racing Regulation Act 2004
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:
1. Short title
This Act may be cited as the Racing Regulation
Amendment (Race Fields) Act 2008.
2. Commencement
This Act commences on a day to be proclaimed.
3. Principal Act
In this Act, the Racing Regulation Act 2004* is
referred to as the Principal Act.
*No. 62 of 2004
[Bill 47] 3
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4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of "appeal":
"approval application" means an
application for a race field
publication approval made under
section 54C(2);
(b) by inserting the following definition after
the definition of "approved sports event":
"arbitrator" means a person
appointed to act as an arbitrator
under section 54D(5);
(c) by inserting the following definition after
the definition of "racecourse":
"race field publication approval"
means an approval granted under
section 54B;
(d) by inserting the following definition after
the definition of "registered":
"regulations" means the regulations
made and in force under this Act;
(e) by inserting the following definition after
the definition of "regulatory panel":
"relevant racing control body"
means the following:
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Racing Regulation Amendment (Race Fields) Act 2008
Act No. of
s. 4
(a) in relation to horse racing
other than harness racing,
the Tasmanian
Thoroughbred Racing
Council;
(b) in relation to harness
racing, Harness Racing
Tasmania;
(c) in relation to greyhound
racing, Greyhound Racing
Tasmania;
(f) by inserting the following definition after
the definition of "steward":
"Tasmanian race field" means
information that identifies, or is
capable of identifying, the names
or numbers of the horses or
greyhounds
(a) that have been nominated
for, or that will otherwise
take part in, a race
intended to be held at any
race meeting in Tasmania;
or
(b) that have been scratched
or withdrawn from a race
intended to be held at any
race meeting in Tasmania;
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Racing Regulation Amendment (Race Fields) Act 2008
Act No. of
s. 5
(g) by omitting "section 86." from the
definition of "unauthorised betting" and
substituting "section 86;";
(h) by inserting the following definition after
the definition of "unauthorised betting":
"wagering operator" includes a
bookmaker, a person who
operates a totalizator and a person
who operates a betting exchange.
5. Part 6A inserted
After section 54 of the Principal Act, the
following Part is inserted:
PART 6A REGULATION OF PUBLICATION AND
USE OF RACE FIELDS
54A. Publication of Tasmanian race fields
restricted
(1) A person must not, whether in Tasmania
or elsewhere, publish a Tasmanian race
field unless the person
(a) is authorised to do so by a race
field publication approval and
complies with the conditions (if
any) to which the approval is
subject; or
(b) is authorised to do so by or under
the regulations.
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Racing Regulation Amendment (Race Fields) Act 2008
Act No. of
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(2) A person who contravenes subsection (1)
is guilty of an offence and is liable on
summary conviction to
(a) in the case of a body corporate, a
fine not exceeding 500 penalty
units; or
(b) in any other case
(i) for a first offence, a fine
not exceeding 50 penalty
units or imprisonment for
a term not exceeding 12
months, or both; and
(ii) for a subsequent offence,
a fine not exceeding 100
penalty units or
imprisonment for a term
not exceeding 2 years, or
both.
54B. Director may grant race field publication
approvals
(1) The Director, in relation to a race (or
class of races) intended to be held at any
race meeting in Tasmania may grant
approval to a person to publish a
Tasmanian race field in respect of that
race or class of races if the person has
made an application for that approval
under this Part.
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(2) The Director may (but need not) impose
any of the following kinds of conditions
on a race field publication approval that
the Director grants:
(a) a condition that the holder of the
approval pay a fee or a series of
fees of an amount or amounts,
and in the manner, specified in
the approval (being a fee or fees
imposed in accordance with any
requirements prescribed by the
regulations);
(b) such other conditions as may be
specified in the approval (being
conditions of a kind that are
prescribed as permissible
conditions by the regulations).
(3) In determining a fee referred to in
subsection (2)(a), the Director must
consult with the relevant racing control
body.
(4) Any fee that is payable under a race field
publication approval is a debt due to the
Crown and is recoverable as such in a
court of competent jurisdiction and
payable to the Director.
(5) The Director, at any time, may, by
written notice to the holder of the race
field publication approval, cancel or vary
the terms of the approval on any grounds
prescribed by the regulations.
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Act No. of
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(6) If the Director cancels or varies a race
field publication approval, the Director
must provide the holder of the approval
with written reasons indicating why the
approval was cancelled or varied (as the
case may be).
54C. Applications for race field publication
approvals
(1) A person who wishes to publish a
Tasmanian race field may apply to the
Director for a race field publication
approval in respect of a race (or class of
races) intended to be held.
(2) An application for a race field
publication approval must be
(a) made in the manner and in the
time as may be prescribed by the
regulations; and
(b) accompanied by such information
as may be prescribed by the
regulations.
(3) In determining an approval application,
the Director must take into account such
criteria in relation to the determination of
the application (if any) as may be
prescribed by the regulations.
(4) Without limiting subsection (3), any
criteria that are prescribed by the
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regulations for the purposes of that
subsection may specify
(a) the kinds of matters that may or
must be taken into account in
determining an approval
application; and
(b) the kinds of matters that must not
be taken into account in
determining an approval
application.
(5) If the Director determines that a race
field publication approval should not be
granted to the applicant (or should be
granted subject to any condition imposed
under section 54B(2)), the Director must
provide the applicant with written
reasons indicating why the application
was rejected or the conditions were
imposed (as the case may be).
54D. Appeals to Secretary of Department
(1) A person may appeal to the Secretary of
the Department against any of the
following decisions of the Director:
(a) a decision to reject an application
by the person for a race field
publication approval;
(b) a decision to impose a condition
under section 54B(2) (other than
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a condition relating to the
payment of a fee or series of fees)
on a race field publication
approval;
(c) a decision to cancel a race field
publication approval held by the
person;
(d) a decision to vary any term of a
race field publication approval
held by the person (other than a
term relating to the payment of a
fee or series of fees).
(2) An appellant must give notice to the
Secretary of the Department and the
Director of the grounds of the appellant's
appeal in the form and manner approved
by the Secretary of the Department from
time to time.
(3) The Director is to be the respondent in
the appeal.
(4) A notice under subsection (2) must be
given within 20 days (or within such
longer period as the Secretary of the
Department may allow) after the date on
which the appellant was notified of the
decision of the Director that is being
appealed.
(5) In determining an appeal, the Secretary
of the Department may appoint a person
that the Secretary of the Department
considers has suitable qualifications to
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Act No. of
s. 5
act as an arbitrator to furnish a report to
the Secretary of the Department in
respect of the appeal containing
(a) a recommendation as to whether
the appeal should, in the opinion
of the arbitrator, be dismissed or
allowed either unconditionally or
subject to such conditions as may
be specified in the report; and
(b) the reasons for the
recommendation.
(6) The Secretary of the Department, after
considering any report that is furnished
to the Secretary of the Department under
subsection (5), may
(a) dismiss the appeal; or
(b) allow the appeal either
unconditionally or subject to such
conditions as the Secretary of the
Department thinks proper to
impose; or
(c) if the appeal is against the
imposition of conditions, refuse
to approve the application for a
race field publication approval in
respect of which the conditions
were imposed; or
(d) return the report to the arbitrator
concerned and request further
consideration of the report.
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Act No. of
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(7) The decision of the Secretary of the
Department under subsection (6) (other
than a decision under subsection (6)(d))
has effect as if it were a decision of the
Director.
(8) If the appeal is dismissed, the appellant is
to pay the costs of any arbitrator
appointed by the Secretary of the
Department under subsection (5).
54E. Delegation by Secretary of Department
The Secretary of the Department may
delegate any of the Secretary's powers or
functions under this Part other than this
power of delegation.
54F. Effect of race field publication approval
limited
For the avoidance of doubt, the granting
of a race field publication approval does
not operate to authorise the holder of the
approval to do (or omit to do) anything in
relation to a race to be held at any race
meeting in Tasmania other than to
publish the Tasmanian race field to
which the approval relates in accordance
with the terms of the approval.
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Act No. of
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6. Section 109 amended (Regulations)
Section 109(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (h)
"powers." and substituting "powers;";
(b) by inserting the following paragraph after
paragraph (h):
(i) the control and regulation of the
use of Tasmanian race field
information by wagering
operators, including, but not
limited to
(i) the manner of applying
for race field publication
approvals; and
(ii) the criteria for
determining race field
publication approvals; and
(iii) the conditions applying to
race field publication
approvals; and
(iv) the cancellation or
variation of race field
publication approvals; and
(v) the fees payable in respect
of race field publication
approvals; and
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Act No. of
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(vi) the distribution of the fees
referred to in
subparagraph (v).
7. Transitional provisions
A person does not commit an offence against
section 54A of the Act, as inserted by the Racing
Regulation Amendment (Race Fields) Act 2008,
during the period commencing on the
commencement of that Act and ending 90 days
after that commencement.
Government Printer, Tasmania 15