Tasmanian Bills[Index] [Search] [Download] [Help]
This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
RACING REGULATION AMENDMENT
(GOVERNANCE REFORM) (TRANSITIONAL AND
CONSEQUENTIAL PROVISIONS) BILL 2008
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
PART 2 CONSEQUENTIAL AMENDMENTS
3. Consequential amendments
4. Legislation rescinded
5. Effect of certain consequential amendments
6. Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007, Schedule 1 amended
7. Racing Regulation Amendment (Race Fields) Act 2008 amended
PART 3 SAVINGS AND TRANSITIONAL
8. Interpretation of Part 3
9. Former Council members
10. Acting Chief Executive Officer of TRB
11. Stipendiary stewards
12. Notice of transfer
13. Confirmation of transfer
14. Vesting of assets, rights and liabilities in TRB
[Bill 78]-XI
15. Transfer of interests in land
16. No compensation payable
17. Transfer of employees
18. Superannuation
19. Registrations and licences
20. Rules of Racing
21. Continuation of determinations, &c., under certain Rules of
Racing
22. Warning-off notices, &c.
23. Acts, &c., done by or to former Councils and TOTE Tasmania
24. Savings and transitional regulations
PART 4 MISCELLANEOUS
25. Administration of Act
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
SCHEDULE 2 LEGISLATION RESCINDED
2
RACING REGULATION AMENDMENT
(GOVERNANCE REFORM) (TRANSITIONAL AND
CONSEQUENTIAL PROVISIONS) BILL 2008
(Brought in by the Minister for Racing, the Honourable
Michael Anthony Aird)
A BILL FOR
An Act to provide for savings and transitional matters and
to repeal and amend certain legislation consequential on
the enactment of the Racing Regulation Amendment
(Governance Reform) Act 2008
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
1. Short title
This Act may be cited as the Racing Regulation
Amendment (Governance Reform) (Transitional
and Consequential Provisions) Act 2008.
2. Commencement
This Act commences on the day on which the
Racing Regulation Amendment (Governance
Reform) Act 2008 commences.
[Bill 78] 3
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 3 Part 2 Consequential Amendments
PART 2 CONSEQUENTIAL AMENDMENTS
3. Consequential amendments
The legislation specified in Schedule 1 is
amended as specified in that Schedule.
4. Legislation rescinded
The legislation specified in Schedule 2 is
rescinded.
5. Effect of certain consequential amendments
The amendment by this Act of a provision of any
regulations, rules or by-laws made under any Act
does not prevent that provision or any other
provision of those regulations, rules or by-laws
from being amended or rescinded by any
subsequent regulations, rules or by-laws.
6. Legal Profession (Miscellaneous and Consequential
Amendments) Act 2007, Schedule 1 amended
(1) If this Act commences before the Legal
Profession (Miscellaneous and Consequential
Amendments) Act 2007, Schedule 1 to that Act is
amended by omitting items 1, 2, 3 and 7 of the
amendments relating to the Racing Regulation
Act 2004.
4
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 2 Consequential Amendments s. 7
(2) If the Legal Profession (Miscellaneous and
Consequential Amendments) Act 2007
commences before this Act, the Racing
Regulation Act 2004 is amended by omitting the
definition of "independent legal practitioner"
from section 3.
7. Racing Regulation Amendment (Race Fields) Act
2008 amended
The Racing Regulation Amendment (Race
Fields) Act 2008 is amended as follows:
(a) by omitting paragraphs (b) and (e) from
section 4;
(b) by amending section 54B in section 5 as
follows:
(i) by omitting from subsection (2)
"(but need not)";
(ii) by inserting in subsection (2)(a)
"determined by the TRB," after
"amounts,";
(iii) by omitting from subsection (3)
"Director must consult with the
relevant racing control body" and
substituting "TRB must consult
with the relevant racing clubs";
(iv) by omitting from subsection (4)
"Director" and substituting
"Secretary of the Department";
5
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 7 Part 2 Consequential Amendments
(v) by inserting after subsection (4)
the following subsection:
(4A) The Secretary of the
Department is to pay to
the TRB within the
prescribed time the sum
paid under subsection (4),
less an administration fee
of not more than 5 per
cent of that sum.
(vi) by inserting in subsection (5) ",
other than the fee determined by
the TRB under subsection (3),"
after "approval";
(c) by amending section 54D in section 5 as
follows:
(i) by omitting from subsection (1)
"Secretary of the Department"
and substituting "IAB";
(ii) by omitting subsection (2) and
substituting the following
subsection:
(2) An appellant must give
notice to the IAB and the
Director of the grounds of
the appellant's appeal.
(iii) by omitting subsection (3);
6
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 2 Consequential Amendments s. 7
(iv) by omitting from subsection (4)
"Secretary of the Department"
and substituting "IAB";
(v) by omitting subsection (5);
(vi) by omitting subsection (6) and
substituting the following
subsection:
(6) The IAB may
(a) dismiss the
appeal; or
(b) allow the appeal
either
unconditionally or
subject to such
conditions as the
IAB 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.
7
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 7 Part 2 Consequential Amendments
(vii) by omitting from subsection (7)
"Secretary of the Department"
and substituting "IAB";
(viii) by omitting from subsection (7)
"(other than a decision under
subsection (6)(d))";
(ix) by omitting subsection (8);
(d) by omitting section 54E from section 5;
(e) by inserting the following sections after
section 5:
5A. Section 11 amended (General
functions and powers of TRB)
Section 11(1) of the Principal Act
is amended by inserting after
paragraph (q) the following
paragraph:
(qa) determining a fee for a
race field publication
approval for each code of
racing; and
5B. Section 22D amended (Persons may
appeal to IAB against decisions of
Director)
Section 22D of the Principal Act
is amended by inserting after
paragraph (k) the following
paragraphs:
8
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 2 Consequential Amendments s. 7
(ka) refuse to grant approval to
a person to publish a
Tasmanian race field; or
(kb) impose conditions on a
race field publication
approval; or
(kc) cancel or vary the terms
of a race field publication
approval; or
9
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 8 Part 3 Savings and Transitional
PART 3 SAVINGS AND TRANSITIONAL
8. Interpretation of Part 3
(1) In this Part
"asset" means property of any kind whether
tangible or intangible, real or personal,
present or future, whether arising from,
accruing under, created or evidenced by,
or the subject of, an instrument or
otherwise and whether liquidated or
unliquidated, actual, contingent or
prospective and includes, without
limitation, any
(a) legal or equitable estate or
interest in real or personal
property; and
(b) chose in action; and
(c) money, documents or securities;
and
(d) infrastructure; and
(e) plant and equipment; and
(f) intellectual property; and
(g) goodwill; and
(h) records; and
(i) other right;
10
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 3 Savings and Transitional s. 8
"commencement day" means the day on
which the Racing Regulation Amendment
(Governance Reform) Act 2008
commences;
"former Council" means a Council in
existence under the Racing Regulation
Act 2004 immediately before the
commencement day;
"liability" means any liability, duty or
obligation whether actual, contingent or
prospective, liquidated or unliquidated,
and whether owed alone or jointly or
jointly and severally with any other
person;
"prescribed functions and powers" means
the functions and powers of TOTE
Tasmania, in existence immediately
before the commencement day, that
relate to the administration of the racing
industry;
"right" means any right, power, privilege or
immunity whether actual, contingent or
prospective;
"State tax" means any of the following if
imposed by any Act or law of Tasmania:
(a) a fee, including an application fee
and registration fee;
(b) a tax, including a duty;
11
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 9 Part 3 Savings and Transitional
(c) a charge;
"transfer order" means an order contained in
a notice published in the Gazette under
section 11;
"transferor" means TOTE Tasmania, or a
former Council, as the context indicates
or requires, from which any assets,
rights, liabilities or employees are
transferred to the TRB.
(2) If an expression used in this Part is defined in the
Racing Regulation Act 2004, it has, unless the
contrary intention appears, the same meaning in
this Part as in that Act.
9. Former Council members
(1) The office of a member of a former Council
ceases to exist on the commencement day.
(2) A person is not entitled to any compensation or
payment in respect of his or her office ceasing to
exist as provided in subsection (1).
10. Acting Chief Executive Officer of TRB
(1) The person holding the position of Chief Racing
Officer of TOTE Tasmania immediately before
the commencement of this Act is taken to be the
Acting Chief Executive Officer of the TRB until
12
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 3 Savings and Transitional s. 11
a Chief Executive Officer is appointed by the
TRB.
(2) The Acting Chief Executive Officer is appointed
for a period not exceeding 6 months from the
commencement day under the same terms and
conditions that applied immediately before that
day.
11. Stipendiary stewards
A person who, immediately before the
commencement day, held an appointment under
section 51(1) of the Racing Regulation Act 2004
as a stipendiary steward continues to hold that
appointment as a stipendiary steward for the
remainder of the period for which he or she was
appointed.
12. Notice of transfer
(1) The Minister may, by notice published in the
Gazette, order the transfer to the TRB of such of
a specified transferor's
(a) assets, rights and liabilities; and
(b) employees
as are specified in the order.
(2) The assets, rights and liabilities and the
employees specified in the order referred to in
13
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 13 Part 3 Savings and Transitional
subsection (1) need not constitute all of the
assets, rights or liabilities or all of the employees
of the transferor and, in relation to TOTE
Tasmania, only relate to the prescribed functions
and powers.
(3) A transfer order takes effect on the day specified
in the order.
(4) A transferor that is the subject of a transfer order
is to ensure that transfer of the specified assets,
rights, liabilities and employees occurs on or as
soon as practicable after the transfer day.
(5) The Minister may publish more than one notice
in respect of the transfer of assets, rights,
liabilities and employees of a transferor and may
specify different transfer days in respect of the
transfer of those assets, rights, liabilities and
employees.
(6) The Minister may amend or revoke any notice
published under this section.
(7) A notice under this section is not a statutory rule
for the purposes of the Rules Publication Act
1953.
(8) State tax is not payable in respect of any
document prepared to give effect to a transfer
order.
13. Confirmation of transfer
(1) If any dispute arises
14
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 3 Savings and Transitional s. 14
(a) as to whether an asset, right, liability or
employee is transferred to the TRB under
a transfer order; or
(b) as to whether any, or any part of any,
contract or document relates to an asset,
right, liability or employee transferred to
the TRB under a transfer order
the Minister may determine the matter and is to
provide the concerned parties with notice of that
determination.
(2) The determination of the Minister under
subsection (1) is final and binding on the TRB
and transferor concerned.
14. Vesting of assets, rights and liabilities in TRB
(1) When any assets, rights or liabilities are
transferred, the following provisions have effect:
(a) the assets of the transferor that are the
subject of the transfer order vest in the
TRB by virtue of this section and without
the need for any further conveyance,
transfer, assignment or assurance;
(b) the rights or liabilities of the transferor
that are the subject of the transfer order
become by virtue of this section the
rights or liabilities of the TRB;
(c) all legal or other proceedings relating to
the assets, rights or liabilities that are the
15
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 14 Part 3 Savings and Transitional
subject of the transfer order commenced
before the transfer by or against the
transferor or a predecessor of the
transferor and pending immediately
before the transfer are taken to be
proceedings pending by or against the
TRB;
(d) any legal or other proceedings relating to
the assets, rights or liabilities that are the
subject of the transfer order which could
have been commenced immediately
before the transfer by or against the
transferor or a predecessor of the
transferor may be commenced by or
against the TRB;
(e) a judgment or order of a court or other
tribunal obtained before the transfer by
or against the transferor or a predecessor
of the transferor relating to the assets,
rights or liabilities that are the subject of
the transfer order may be enforced by or
against the TRB;
(f) any document relating to legal or other
proceedings relating to the assets, rights
or liabilities that are the subject of the
transfer order that has been served before
the transfer on or by a transferor or a
predecessor of the transferor is taken,
where appropriate, to have been served
on or by the TRB;
16
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 3 Savings and Transitional s. 14
(g) any act, matter or thing done or omitted
to be done in relation to the assets, rights
or liabilities that are the subject of the
transfer order before the transfer by, to or
in respect of the transferor or a
predecessor of the transferor is (to the
extent to which that act, matter or thing
has any force or effect) taken to have
been done or omitted by, to or in respect
of the TRB;
(h) a reference in any Act, in any instrument
made under any Act, in any contract,
agreement, arrangement or undertaking,
or in any document of any kind to
(i) the transferor; or
(ii) any predecessor of the
transferor
to the extent to which the reference relates to the
assets, rights or liabilities that are the subject of
the transfer order, is taken to be, or include, a
reference to the TRB.
(2) The operation of this section is not to be
regarded
(a) as a breach of contract or confidence or
otherwise as a civil wrong; or
(b) as a breach of any contractual provision
prohibiting, restricting or regulating the
assignment or transfer of assets, rights or
liabilities; or
17
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 15 Part 3 Savings and Transitional
(c) as giving rise to any remedy by a party to
an instrument, or as causing or
permitting the termination of any
instrument, because of a change in the
beneficial or legal ownership of any
asset, right or liability that is the subject
of the transfer order; or
(d) as an event of default under any contract
or other instrument.
(3) A transfer is subject to the terms and conditions
of the transfer order by which it is effected.
15. Transfer of interests in land
(1) A transfer order may transfer an interest in
respect of land vested in the transferor without
transferring the whole of the interests of the
transferor in that land.
(2) If the interest transferred is not a separate
interest, the order operates to create the interest
transferred in such terms as are specified in the
order.
(3) This clause does not limit any other provision of
this Act.
16. No compensation payable
No compensation is payable to any person or
body in connection with a transfer.
18
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 3 Savings and Transitional s. 17
17. Transfer of employees
(1) As soon as practicable after receiving notice of
the transfer day specified in a transfer order, the
relevant transferor is to give to each of the
employees specified in the transfer order written
notice that his or her employment is to be
transferred on that day, by the operation of this
Part, to the TRB.
(2) The TRB becomes the employer of each
employee referred to in subsection (1), in
accordance with the terms of the transfer order,
on the transfer day specified in the order.
(3) An employee referred to in subsection (1)
(a) is to be regarded for all purposes as
having become an employee of the TRB,
on the same terms and conditions,
including remuneration, as the employee
was receiving immediately before the
day specified in the order; and
(b) retains all existing and accrued rights
relating to leave as if service as an
employee of the TRB were a
continuation of his or her service as an
employee of the transferor.
(4) The period of service of a transferred employee
referred to in subsection (1) is taken to be
service as an employee of the TRB.
(5) Nothing in this section prevents any of the terms
of employment of an employee specified in a
19
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 18 Part 3 Savings and Transitional
transfer order being altered by an award,
industrial agreement or law after he or she
becomes an employee of the TRB.
(6) The transfer of an employee's employment to
the TRB is not to be regarded as a cessation of
employment for superannuation purposes.
18. Superannuation
(1) The TRB is to make adequate provision to meet
any liability it may have under the Retirement
Benefits Act 1993 to pay pension and other
benefits in respect of employees specified in the
transfer order who are transferred to the TRB.
(2) Nothing in this Act affects the superannuation
entitlements of a person referred to in
subsection (1) that were in existence
immediately before the commencement of this
Act.
19. Registrations and licences
(1) An application for a registration or licence of
any kind under the Racing Regulation Act 2004
or the Rules of Racing that had not been
processed and finally determined immediately
before the commencement day is, if equivalent
registration is available after the commencement
day, to be regarded by the Director, the IAB and
other persons as an application for that
equivalent registration after the commencement
20
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 3 Savings and Transitional s. 19
day, and the application may continue to be
processed and determined in all respects as if it
were a valid application made after that day.
(2) If equivalent registration or licence is not
available after the commencement day
(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 immediately before
the commencement day.
(4) A registration or licence granted or approved
under the Racing Regulation Act 2004 or the
Rules of Racing and in force immediately before
the commencement day continues in force on or
after the commencement day as if it had been
granted or approved under this Act or those
Rules.
(5) Subsection (4) applies to a registration or licence
even if the holder of the registration or licence
was suspended or disqualified under the Racing
Regulation Act 2004 or the Rules of Racing, but
nothing in this section is to be taken as revoking,
or reducing the period of, that suspension or
disqualification.
21
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 20 Part 3 Savings and Transitional
20. Rules of Racing
(1) The Rules of Racing that were in force for a code
of racing under the Racing Regulation Act 2004
immediately before the commencement day
continue in force as the Rules of Racing for that
code of racing after the commencement day.
(2) On or after the commencement day, the Rules of
Racing so continued in force may at any time be
amended, rescinded or rescinded and replaced by
new Rules of Racing, in accordance with the
Racing Regulation Act 2004.
(3) Subject to section 19, any registration or licence
in force under the Rules of Racing for a code of
racing immediately before the commencement
day continues in force and effect on and after
that day as a registration or licence under and
subject to those Rules of Racing, as continued
under and for the purposes of the Racing
Regulation Act 2004.
21. Continuation of determinations, &c., under certain
Rules of Racing
(1) A Rules of Racing determination in force and
effect immediately before the commencement
day continues in force and effect on and after
that day, according to its terms, as a
determination under and for the purposes of
those Rules of Racing, until whichever of the
following first occurs:
22
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 3 Savings and Transitional s. 21
(a) the determination is discharged or is
exhausted or made redundant by events;
(b) the determination, if it has an express or
implied expiry date, expires.
(2) In this section
"determination" means any determination,
decision, order or direction;
"Rules of Racing determination" means
(a) a handicapping, grading, race
programming, field selection or
similar determination; or
(b) a determination (including a
determination imposing or
confirming any kind of
suspension, disqualification or
other penalty) in respect of any
registration or licence
made under and for the purposes of the
Rules of Racing before the
commencement day by
(c) in the case of thoroughbred
racing, the Tasmanian
Thoroughbred Racing Council as
in existence immediately before
that day; or
(d) in the case of harness racing, the
Harness Racing Regulatory Panel
23
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 22 Part 3 Savings and Transitional
as in existence immediately
before that day; or
(e) in the case of greyhound racing,
the Greyhound Racing
Regulatory Panel as in existence
immediately before that day.
22. Warning-off notices, &c.
Any notice issued by or on behalf of a Council
under section 54 of the Racing Regulation Act
2004 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 the TRB.
23. Acts, &c., done by or to former Councils and TOTE
Tasmania
All acts, matters and things done or omitted to be
done by, or done or suffered in relation to, a
former Council or TOTE Tasmania in relation to
the prescribed powers and functions before the
commencement day have, on and after that day,
the same force and effect as if they had been
done or omitted to be done by, or done or
suffered in relation to, the TRB.
24
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
Part 3 Savings and Transitional s. 24
24. Savings and transitional regulations
(1) The Governor may make regulations of a
savings or transitional nature consequent on the
enactment of the Racing Regulation Amendment
(Governance Reform) Act 2008.
(2) Without limiting the generality of subsection (1),
regulations made under this section may
supplement any of the provisions of this Act.
(3) 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.
25
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
s. 25 Part 4 Miscellaneous
PART 4 MISCELLANEOUS
25. Administration of Act
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; and
(b) the department responsible to that
Minister in relation to the administration
of this Act is the Department of
Infrastructure, Energy and Resources.
26
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
sch. 1
SCHEDULE 1 CONSEQUENTIAL AMENDMENTS
Section 3
Racing (Bookmaker Betting) Regulations 2004
1. Regulation 4(1) is amended by omitting the
definition of "bookmaker".
Racing (Miscellaneous) Regulations 2004
1. Regulation 7(1) is amended by omitting "section
40(1)(c), (d) and (e)" and substituting "section
40(1A)(c), (d) and (e)".
2. After regulation 8, the following regulations are
inserted in Part 3:
9. Prescribed deposits
The deposits specified in Schedule 2 are
prescribed as the deposits that are
payable under the Act for the matters to
which they respectively relate.
10. Prescribed bodies
For the purpose of the definition of
"racing industry association" in section 3
of the Act, the following bodies are
prescribed:
27
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
sch. 1
(a) Australian Trainers Association
(Tasmanian Branch);
(b) Tasmanian Racehorse Owners
Association;
(c) Thoroughbred Breeders
Tasmania;
(d) Tasmanian Jockeys Association;
(e) Light Harness Tasmania;
(f) North Western Tasmania Light
Harness Association;
(g) Northern Tasmanian Light
Harness Association;
(h) Breeders, Owners, Trainers and
Reinspersons Association
Tasmania;
(i) Greyhound Owners, Trainers and
Breeders Association of
Tasmania.
3. Schedule 1 is amended by omitting item 1.
4. After Schedule 1, the following Schedule is
inserted:
28
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
sch. 1
SCHEDULE 2 PRESCRIBED DEPOSITS
Item Section of Act Matter Deposit*
1. 22G(2) Deposit on an appeal to the $200
IAB
2. 30(2) Deposit on a minor appeal to $200
the TRAB
3. 30(2) Deposit on other appeals to the $500
TRAB
*All deposits are GST exempt
Racing (Totalizator Betting) Act 1952
1. Section 57E is amended by omitting subsections
(5), (6) and (7).
TOTE Tasmania (Racing Regulation) Act 2004
1. The long title is omitted and the following long
title is substituted:
An Act to impose certain requirements
on TOTE Tasmania Pty Ltd in
relation to financial support of the
racing industry and for related
purposes
2. Section 3 is amended as follows:
29
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
sch. 1
(a) by omitting the definition of "racing
year";
(b) by omitting "Treasurer." from paragraph
(b) of the definition of "shareholders"
and substituting "Treasurer;";
(c) by inserting the following definition after
the definition of "shareholders":
"TRB" means the Tasmanian Racing
Board established under the
Racing Regulation Act 2004.
3. Divisions 1 and 2 of Part 2 are repealed.
4. Section 10 is amended by omitting subsection
(1) and substituting the following subsection:
(1) TOTE Tasmania must, in each financial
year, pay a product fee to the TRB to
enable the TRB to perform its functions
and exercise its powers under the Racing
Regulation Act 2004.
5. Section 11(3) is amended as follows:
(a) by inserting "paid to the TRB and are to
be" after "be";
(b) by omitting from paragraph (b) "TOTE
Tasmania" and substituting "the TRB".
30
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
sch. 1
6. Section 11A(1) is amended as follows:
(a) by omitting "apply" and substituting
"pay to the TRB";
(b) by omitting "to the Tasmanian racing
industry for the conduct of race meetings
(including prize money) and the
administration, maintenance and
improvement of horse racing and
greyhound racing".
TOTE Tasmania Act 2000
1. Section 7 is amended by omitting paragraphs (b)
and (c) and substituting the following paragraph:
(b) to encourage wagering on Tasmanian
racing; and
Workers Rehabilitation and Compensation Act 1988
1. Section 4DC is amended as follows:
(a) by omitting from subsection (1)
"Council" and substituting "TRB";
(b) by omitting from subsection (2)(a)
"Council" and substituting "TRB";
(c) by omitting from subsection (2)(b)
"Council" and substituting "TRB";
31
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
sch. 1
(d) by inserting the following definition
before the definition of "licensed" in
subsection (4):
"Director" means the Director of
Racing appointed under the
Racing Regulation Act 2004;
(e) by omitting the definition of "Council"
from subsection (4);
(f) by omitting "Council" from the
definition of "licensed" in subsection (4)
and substituting "the Director";
(g) by omitting "Racing Regulation Act
2004." from the definition of "Rules of
Racing" in subsection (4) and
substituting "Racing Regulation Act
2004;";
(h) by inserting the following definition after
the definition of "Rules of Racing" in
subsection (4):
"TRB" means the Tasmanian Racing
Board established under the
Racing Regulation Act 2004.
32
Racing Regulation Amendment (Governance Reform)
(Transitional and Consequential Provisions) Act 2008
Act No. of
sch. 2
SCHEDULE 2 LEGISLATION RESCINDED
Section 4
Racing (Electoral) Regulations 2004 (No. 167 of 2004)
Government Printer, Tasmania 33