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TASMANIA
__________
RACING REGULATION AMENDMENT
(GOVERNANCE REFORM) BILL 2008
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Section 3A inserted
3A. Close associate
6. Section 6 amended (Functions of Director)
7. Section 7 amended (Powers of Director)
8. Parts 3 and 4 substituted
PART 3 Tasmanian Racing Board
Division 1 General provisions
10. Tasmanian Racing Board
11. General functions and powers of TRB
12. Failure of member of TRB to comply with code of
conduct
13. Delegation by TRB
14. TRB returns, &c.
15. Treasurer's Instructions
16. Chief Executive Officer and employees of TRB
Division 2 TRB membership
17. Initial TRB
18. Abolition of initial TRB
19. Membership of TRB
20. Vacancies in offices of members of TRB
[Bill 79]-XI
PART 4 Integrity Assurance Board
Division 1 Integrity Assurance Board
21. Integrity Assurance Board
22. Membership of IAB
22A. Delegation by chairperson
22B. Role of deputy chairperson
22C. IAB secretary
Division 2 Appeals
22D. Persons may appeal to IAB against decisions of
Director
22E. Persons may appeal to IAB about disputed bets and
other matters
22F. How and when should persons appeal?
22G. Hearing of appeals
22H. Constitution of IAB for appeals, &c.
22I. Suspension of penalties pending appeals
22J. Determination of appeals
Division 3 General
22K. Protection of IAB members, &c.
9. Section 23 amended (Tasmanian Racing Appeal Board (TRAB))
10. Section 25 substituted
25. Role of deputy chairperson
11. Section 27 repealed
12. Section 28 amended (Persons may appeal to TRAB about other
matters)
13. Section 29 amended (How and when should persons appeal?)
14. Section 30 amended (Hearing of appeals)
15. Section 31 amended (Constitution of TRAB for appeals, &c.)
16. Section 34 amended (Determination of appeals)
17. Section 36 amended (Who may hold race meetings?)
18. Section 38 amended (Race meeting permits)
19. Section 40 amended (Registration and renewal of registration)
20. Section 43 amended (Suspension and cancellation, &c., of
registration)
21. Section 44 amended (Substitute race meetings on suspension,
&c., of registration)
22. Sections 44A, 44B, 44C and 44D inserted
44A. Purchase and improvement of racecourses
2
44B. Allotment of racing days
44C. Betting-only meetings
44D. Emergency conversion of race meetings to betting-
only meetings
23. Section 47 amended (Winding-up of clubs)
24. Section 50 amended (Appointment, &c., of club officers)
25. Section 51 amended (Appointment of stewards and other racing
officials)
26. Section 53 amended (Effect of disqualification)
27. Section 54 amended (Warning-off notices)
28. Section 82 amended (Unclaimed winnings and their disposal )
29. Section 106 amended (Protection for racing administrators and
officials)
30. Section 109 amended (Regulations)
31. Section 111 amended (Rules of Racing)
32. Section 112 repealed
33. Schedules 1, 2 and 3 substituted
Schedule 1 Meetings of Tasmanian Racing Board
Schedule 2 Provisions with respect to superannuation
relating to employees of TRB
Schedule 3 Provisions relating to membership of TRB
Schedule 3A Further provisions relating to membership of
IAB
Schedule 3B Further provisions relating to membership of
TRAB
3
4
RACING REGULATION AMENDMENT
(GOVERNANCE REFORM) BILL 2008
(Brought in by the Minister for Racing, the Honourable
Michael Anthony Aird)
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 (Governance Reform) 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 79] 5
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4. Section 3 amended (Interpretation)
Section 3 of the Principal Act is amended as
follows:
(a) by omitting "TRAB" from the definition
of "appeal" and substituting "IAB or the
TRAB, as the context indicates or
requires";
(b) by omitting "TOTE Tasmania" from the
definition of "betting-only meeting" and
substituting "the TRB";
(c) by inserting the following definition after
the definition of "betting ticket":
"bookmaker" means a person who is
engaging in bookmaking, whether
as a registered bookmaker or
registered bookmaker's agent;
(d) by omitting the definition of
"chairperson" and substituting the
following definitions:
"chairperson" means the chairperson
of the IAB, TRB or TRAB, as the
context indicates or requires;
"close associate" see section 3A;
(e) by omitting the definitions of "Council"
and "deputy chairperson" and
substituting the following definition:
"deputy chairperson" means the
deputy chairperson of the IAB,
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TRB or TRAB, as the context
indicates or requires;
(f) by inserting the following definition after
the definition of "functions":
"greyhound" means a greyhound dog
bred for the purposes of racing;
(g) by inserting the following definitions
after the definition of "greyhound race":
"horse" means a thoroughbred horse
or a standardbred horse bred for
the purposes of racing;
"IAB" means the Integrity Assurance
Board established under
section 21;
(h) by inserting the following definition after
the definition of "minor":
"minor appeal" means an appeal only
against the imposition of either,
or both, of the following:
(a) a fine not exceeding $500
or, if another amount is
prescribed, the prescribed
amount;
(b) a suspension for a period
not exceeding 30 days;
(i) by inserting the following definition after
the definition of "notice":
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"panel" means the person or body
appointed under section 19(3);
(j) by inserting the following definitions
after the definition of "racing":
"racing club" means a club that is
registered under section 40;
"racing industry association" means
a body prescribed in the
regulations;
(k) by inserting the following definition after
the definition of "racing official":
"racing year" means the 12-month
period commencing on 1 July in
any year;
(l) by omitting the definition of "regulatory
panel";
(m) by inserting "IAB or" after "to the" in the
definition of "respondent";
(n) by omitting the definition of "secretary"
and substituting the following definition:
"secretary" means the secretary to the
IAB or TRAB, as the context
indicates or requires;
(o) by inserting the following definition after
the definition of "TRAB":
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"TRB" means the Tasmanian Racing
Board established under
section 10;
(p) by omitting "section 86." from the
definition of "unauthorised betting" and
substituting "section 86;";
(q) by inserting the following definition after
the definition of "unauthorised betting":
"wager" has the same meaning as in
the Gaming Control Act 1993.
5. Section 3A inserted
After section 3 of the Principal Act, the
following section is inserted in Part 1:
3A. Close associate
(1) A person is a close associate of another
person (the "other person") if the
firstmentioned person is
(a) a proprietary company in which
the other person is a shareholder;
or
(b) a public company in which the
other person is directly or
indirectly a substantial
shareholder; or
(c) a beneficiary under a trust or an
object of a discretionary trust of
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which the other person is a
trustee; or
(d) a business or commercial partner
of the other person; or
(e) the employer or an employee of
the other person; or
(f) a person from whom the other
person has received, or might
reasonably be expected to
receive, a fee, commission or
other reward for providing
professional or other services; or
(g) the spouse or partner of the other
person or of the other person's
son or daughter; or
(h) the son, daughter, brother, sister,
mother or father of the other
person or their spouse or partner.
(2) For the purposes of subsection (1)(g) and
(h)
"partner" means the person with
whom a person is in a personal
relationship, within the meaning
of the Relationships Act 2003.
6. Section 6 amended (Functions of Director)
Section 6 of the Principal Act is amended as
follows:
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s. 6
(a) by inserting in subsection (1)(c)
"integrity" after "racing";
(b) by inserting in subsection (1)(d)
"integrity" after "on racing";
(c) by inserting in subsection (1)(e)
"integrity" after "racing";
(d) by inserting in subsection (1)(f)
"integrity" after "racing";
(e) by omitting paragraph (g) from
subsection (1);
(f) by omitting from subsection (1)(h)
"regulatory panels and the";
(g) by omitting from subsection (2)(c)
"Tasmanian Thoroughbred Racing
Council" and substituting "TRB";
(h) by omitting from subsection (2)(d)
"stewards." and substituting "stewards;
and";
(i) by inserting the following paragraphs
after paragraph (d) in subsection (2):
(e) approving registrations under the
Rules of Racing; and
(f) granting licences under the Rules
of Racing.
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7. Section 7 amended (Powers of Director)
Section 7(2) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (c)
"Councils and";
(b) by omitting from paragraph (f)
"Council,";
(c) by inserting the following paragraphs
after paragraph (f):
(fa) determine, after consulting with
the TRB, the number of stewards
required to
(i) officiate at race meetings;
and
(ii) officiate at race trials; and
(iii) perform any other
functions pursuant to the
Rules of Racing; and
(fb) determine, after consulting with
the TRB, the nature and level of
swabbing of racing animals and
participants to be undertaken; and
(fc) determine, after consulting with
the TRB, licence and registration
fees pursuant to the Rules of
Racing; and
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(d) by omitting subparagraph (i) from
paragraph (g) and substituting the
following subparagraph:
(i) payments forfeited under
sections 22J and 34;
8. Parts 3 and 4 substituted
Parts 3 and 4 of the Principal Act are repealed
and the following Parts are substituted:
PART 3 TASMANIAN RACING BOARD
Division 1 General provisions
10. Tasmanian Racing Board
(1) The Tasmanian Racing Board is
established.
(2) The TRB
(a) is a body corporate with perpetual
succession; and
(b) may sue and be sued in its
corporate name; and
(c) may acquire, hold, dispose of and
otherwise deal with property; and
(d) may have a common seal.
(3) If the TRB has a common seal
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(a) it is to be kept and used as
authorised by the TRB; and
(b) all courts and persons acting
judicially must take judicial
notice of the imprint of that seal
on a document and presume that
it was duly sealed by the TRB.
(4) Schedule 1 has effect in relation to the
meetings of the TRB.
11. General functions and powers of TRB
(1) The TRB is, with respect to racing in
Tasmania, responsible for
(a) developing a vision for the racing
industry; and
(b) promoting Tasmanian racing
locally, nationally and
internationally; and
(c) promoting the development of an
efficient and effective racing
industry; and
(d) promoting the development of an
efficient and effective horse and
greyhound breeding industry; and
(e) corporate governance, strategic
direction and funding; and
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(f) providing advice to the Minister
and making appropriate policy
recommendations for the
development of racing; and
(g) attracting sponsorship income;
and
(h) allocating race dates; and
(i) race programming; and
(j) developing and maintaining
racing and training venues under
its control; and
(k) making (by drawing up its own
local rules and by adopting
Australian Rules of Racing) the
Rules of Racing, having regard to
the recommendations of the
Director; and
(l) setting licence and registration
standards and criteria, having
regard to the recommendations of
the Director; and
(m) monitoring, coordinating and
setting standards, in consultation
with the Director, for the training
of people employed or otherwise
engaged in the racing industry
other than
(i) persons appointed under
section 51; or
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(ii) persons employed in that
industry appointed under
the State Service Act
2000; and
(n) representing the Tasmanian
racing industry on national and
international controlling bodies
and in national and international
forums; and
(o) publishing industry journals; and
(p) approving the operating budgets
of racing clubs; and
(q) assisting racing clubs with the
promotion and marketing of
major race meetings and race
carnivals; and
(r) developing a code of conduct to
be complied with by the TRB and
its employees; and
(s) controlling race nominations,
acceptances, field selections,
handicapping, barrier draws and
scratchings in thoroughbred
racing; and
(t) negotiating with broadcast
providers scheduling and
revenue-sharing arrangements for
the broadcast of Tasmanian
racing, both nationally and
internationally; and
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(u) such other functions as may be
conferred or imposed on it by or
under this or any other Act.
(2) The TRB is to prepare a 5-year corporate
plan in respect of its operations.
(3) The TRB is to provide the Minister with
its 5-year corporate plan not later than
31 August in each year.
(4) The TRB, subject to the Treasurer's
approval, may
(a) make grants or loans at such
interest and on such terms as it
may determine, for or in relation
to the administration,
maintenance or improvement of
horse racing or greyhound racing
in Tasmania and may take
mortgages or such other securities
as it considers adequate to secure
such a loan; and
(b) undertake and contract for capital
improvement to, or maintenance
of, a racecourse; and
(c) purchase, lease, maintain,
develop and otherwise deal with
properties and facilities for the
conduct of race meetings or for
the training of horses and
greyhounds and charge fees for
the use of those properties or
facilities.
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(5) A grant or loan under subsection (4)(a) or
an undertaking under subsection (4)(b)
may be made unconditionally or subject
to such conditions as the TRB may
impose and, without limiting the
generality of this subsection, the
conditions, in the case of a grant or a
loan to a club, may relate to the
administration of the club, capital
improvements to and maintenance of
racecourses, the payment of stake money
and the provision of facilities for the
training of horses and greyhounds.
(6) The Treasurer is not to give his or her
approval under subsection (4) without
consulting the Minister.
(7) Subject to subsection (8), the TRB has
power to do such things as are necessary
or convenient for or in connection with
the performance of its functions.
(8) The TRB may not, without the prior
approval of the Treasurer
(a) form, or participate in the
formation of, a company; or
(b) participate in a trust; or
(c) open any deposit-taking
institution accounts; or
(d) borrow, or otherwise obtain
financial accommodation, for the
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purpose of performing its
functions; or
(e) participate in any or all of the
following arrangements for the
purpose of the sharing of profits:
(i) a joint venture;
(ii) a partnership;
(iii) any other arrangement.
(9) Except where approved by the Treasurer,
the TRB must not borrow or otherwise
obtain financial accommodation from
any person other than the Tasmanian
Public Insurance Corporation.
(10) The Treasurer is not to give his or her
approval under subsection (8) without
consulting the Minister.
(11) The TRB must perform its functions and
exercise its powers in accordance with
(a) sound commercial practice; and
(b) the Rules of Racing.
(12) In the performance of its functions and
exercise of its powers under this Act, the
TRB or a representative of the TRB is to
meet with the Director, racing clubs and
racing industry associations at least once
every 3 months and report to the
Director, racing clubs and racing industry
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associations the outcomes of those
meetings.
12. Failure of member of TRB to comply with
code of conduct
(1) If a member of the TRB fails to comply
with the code of conduct referred to in
section 11(1)(r), the TRB is to notify the
Minister.
(2) On receipt of a notification under
subsection (1), the Minister may
recommend to the Governor that the
member be removed from office.
13. Delegation by TRB
The TRB may delegate any of its
functions or powers, other than this
power of delegation.
14. TRB returns, &c.
(1) The TRB must give the Minister
(a) an annual report on its activities
for each financial year; and
(b) such other reports on matters
concerning racing as the Minister,
by notice, requires.
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(2) The TRB is to provide copies of the
report referred to in subsection (1)(a) to
the racing clubs and racing industry
associations within 14 days after giving
the annual report to the Minister.
(3) The TRB must
(a) comply with subsection (1)(a) for
a financial year before
31 October following the end of
that financial year; and
(b) comply with a requirement under
subsection (1)(b) within such
reasonable time as the Minister,
by the notice, allows.
(4) The TRB must keep proper accounts and
records of its financial affairs.
(5) The TRB is to prepare and forward to the
Auditor-General a copy of its financial
statements for each financial year in
accordance with the Audit Act 2008.
15. Treasurer's Instructions
Treasurer's Instructions issued under the
Financial Management and Audit Act
1990 apply to the TRB as if it were an
Agency within the meaning of that Act.
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16. Chief Executive Officer and employees of
TRB
(1) The TRB may employ persons to enable
it to perform its functions and exercise its
powers under this Act.
(2) The TRB is to appoint a person to be its
Chief Executive Officer.
(3) The Chief Executive Officer of the TRB
holds office on the terms and conditions
specified in his or her contract of
employment.
(4) A person holding office as Chief
Executive Officer of the TRB and any
other employees of the TRB are not
subject to the State Service Act 2000.
(5) Schedule 2 has effect with respect to
superannuation relating to employees of
the TRB.
Division 2 TRB membership
17. Initial TRB
(1) The initial TRB consists of 7 persons
appointed by the Governor on the
recommendation of the Minister.
(2) The Governor is to appoint a person as
the chairperson of the initial TRB for a
period not exceeding 3 years.
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(3) The Governor is to appoint the other
members of the initial TRB for a period
not exceeding 12 months.
(4) The members of the initial TRB are to
appoint a member as deputy chairperson.
18. Abolition of initial TRB
(1) The Governor may, by order, abolish the
initial TRB on the date specified in the
order.
(2) On the date specified in the order
referred to in subsection (1), the
provisions of section 19 take effect.
19. Membership of TRB
(1) Following the abolition of the initial
TRB, the TRB consists of 7 persons,
appointed by the Governor, of whom
(a) one is appointed to be the
chairperson; and
(b) one is appointed from the names
of candidates submitted to the
panel under subsection (5)(a); and
(c) one is appointed from the names
of candidates submitted to the
panel under subsection (6)(a); and
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(d) one is appointed from the names
of candidates submitted to the
panel under subsection (7)(a); and
(e) three are appointed from the
names of candidates submitted to
the panel under subsection (5)(b),
(6)(b) and (7)(b) and from the
advertisement referred to in
subsection (10) to provide
expertise in one or more of the
following areas:
(i) marketing;
(ii) finance;
(iii) law;
(iv) commerce;
(v) business management;
(vi) risk management;
(vii) information technology;
(viii) media relations and
communications;
(ix) racing industry
administration;
(x) any other area prescribed
in the regulations.
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(2) The first chairperson of the TRB is to be
the chairperson of the initial TRB
appointed under section 17(2).
(3) Before any person is appointed as a
member of the TRB under paragraph (b),
(c), (d) or (e) of subsection (1), the
Minister is to appoint a person or body
(the "panel") to recommend the names of
persons it considers suitable for
appointment to the TRB under each of
those paragraphs.
(4) The panel as appointed with respect to
the appointment of a person to be a
member of the TRB
(a) referred to in subsection (1)(b), is
to include a person with
knowledge and expertise in
thoroughbred racing; and
(b) referred to in subsection (1)(c), is
to include a person with
knowledge and expertise in
harness racing; and
(c) referred to in subsection (1)(d), is
to include a person with
knowledge and expertise in
greyhound racing.
(5) Persons are eligible to
(a) submit to the panel the names of
candidates, not exceeding 3, with
knowledge and expertise relating
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s. 8
to the thoroughbred code of
racing who the persons consider
suitable for appointment to the
TRB; or
(b) submit to the panel the names of
candidates, not exceeding 3, with
expertise in any of the areas
specified in subsection (1)(e) who
the persons consider suitable for
appointment to the TRB
if the persons are
(c) members of a thoroughbred
racing club; or
(d) members of a thoroughbred
racing industry association; or
(e) licensed under the Rules of
Racing for the thoroughbred code
of racing; or
(f) owners or breeders of
thoroughbred horses.
(6) Persons are eligible to
(a) submit to the panel the names of
candidates, not exceeding 3, with
knowledge and expertise relating
to the harness code of racing who
the persons consider suitable for
appointment to the TRB; or
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(b) submit to the panel the names of
candidates, not exceeding 3, with
expertise in any of the areas
specified in subsection (1)(e) who
the persons consider suitable for
appointment to the TRB
if the persons are
(c) members of a harness racing
club; or
(d) members of a harness racing
industry association; or
(e) licensed under the Rules of
Racing for the harness code of
racing; or
(f) owners or breeders of
standardbred horses.
(7) Persons are eligible to
(a) submit to the panel the names of
candidates, not exceeding 3, with
knowledge and expertise relating
to the greyhound code of racing
who the persons consider suitable
for appointment to the TRB; or
(b) submit to the panel the names of
candidates, not exceeding 3, with
expertise in any of the areas
specified in subsection (1)(e) who
the persons consider suitable for
appointment to the TRB
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if the persons are
(c) members of a greyhound racing
club; or
(d) members of a greyhound racing
industry association; or
(e) registered under the Rules of
Racing for the greyhound code of
racing; or
(f) owners or breeders of
greyhounds.
(8) If a person submits a name to the panel
under subsection (5), (6) or (7), the
person is to advise the panel whether the
name is submitted under paragraph (a) or
(b) of those subsections.
(9) The panel is to recommend, in writing, to
the Minister
(a) from the names of candidates
submitted to it under
subsection (5)(a), a person who it
considers suitable for
appointment as a member of the
TRB; and
(b) from the names of candidates
submitted to it under
subsection (6)(a), a person who it
considers suitable for
appointment as a member of the
TRB; and
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(c) from the names of candidates
submitted to it under
subsection (7)(a), a person who it
considers suitable for
appointment as a member of the
TRB.
(10) The panel is to place in the 3 daily
newspapers published and circulating in
the State an advertisement calling for
expressions of interest from potential
candidates for appointment to the TRB to
provide expertise in the areas specified in
subsection (1)(e).
(11) The panel is to recommend, in writing, to
the Minister, from the names of
candidates submitted to it under
subsections (5)(b), (6)(b) and (7)(b) and
from the names of candidates received by
it pursuant to an advertisement referred
to in subsection (10), three persons who
it considers suitable for appointment as
members of the TRB.
(12) The Minister is to recommend to the
Governor
(a) the names of the persons referred
to in subsections (9) and (11); and
(b) the name of a person to be
chairperson
for appointment to the TRB.
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(13) The members of the TRB are to appoint a
member as deputy chairperson.
(14) A member of the TRB holds office for
such term, not exceeding 3 years, as is
specified in the member's instrument of
appointment and, if eligible, may be
nominated and appointed for further
terms.
(15) Schedule 3 has effect in relation to the
membership of the TRB.
20. Vacancies in offices of members of TRB
(1) If a vacancy arises in the office of a
member of the TRB less than 6 months
before the expiration of the term for
which the member was appointed, the
Minister may appoint a person to the
vacant office for the remainder of the
member's term of office.
(2) If a vacancy arises in the office of a
member of the TRB 6 months or more
before the expiration of the term of office
of the member and the member is
(a) a member referred to in
section 19(1)(a), the Minister is to
recommend to the Governor the
name of a person who the
Minister considers suitable to fill
the vacancy; or
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Act No. of
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(b) a member referred to in
section 19(1)(b), the eligible
persons referred to in
section 19(5) are to submit to the
panel the names of candidates,
not exceeding 3, with knowledge
and expertise relating to the
thoroughbred code of racing who
the eligible persons consider
suitable to fill the vacancy; or
(c) a member referred to in
section 19(1)(c), the eligible
persons referred to in
section 19(6) are to submit to the
panel the names of candidates,
not exceeding 3, with knowledge
and expertise relating to the
harness code of racing who the
eligible persons consider suitable
to fill the vacancy; or
(d) a member referred to in
section 19(1)(d), the eligible
persons referred to in
section 19(7) are to submit to the
panel the names of candidates,
not exceeding 3, with knowledge
and expertise relating to the
greyhound code of racing who
the eligible persons consider
suitable to fill the vacancy; or
(e) a member referred to in
section 19(1)(e), the eligible
persons referred to in
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section 19(5), (6) and (7) are to
submit to the panel the names of
candidates, not exceeding 3, with
expertise in the areas specified in
section 19(1)(e) who the eligible
persons consider suitable to fill
the vacancy.
(3) In relation to the vacancy in the office of
a member of the TRB referred to in
section 19(1)(e), the panel is to place in
the 3 daily newspapers published and
circulating in the State, an advertisement
calling for expressions of interest from
potential candidates to fill the vacancy.
(4) The panel is to recommend, in writing, to
the Minister
(a) from the names of candidates
submitted to it under
subsection (2)(b), a person who it
considers suitable to fill the
vacancy; or
(b) from the names of candidates
submitted to it under
subsection (2)(c), a person who it
considers suitable to fill the
vacancy; or
(c) from the names of candidates
submitted to it under
subsection (2)(d), a person who it
considers suitable to fill the
vacancy; or
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s. 8
(d) from the names of candidates
submitted to it under
subsection (2)(e) and from the
names of persons received by it
pursuant to an advertisement
referred to in subsection (3), a
person who it considers suitable
to fill the vacancy.
(5) On receipt of a recommendation referred
to in subsection (4), the Minister is to
recommend to the Governor the
appointment of the person to fill the
vacancy.
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s. 8
PART 4 INTEGRITY ASSURANCE BOARD
Division 1 Integrity Assurance Board
21. Integrity Assurance Board
The Integrity Assurance Board is
established.
22. Membership of IAB
(1) The IAB consists of 5 members.
(2) At least 2 of the members are to be
Australian legal practitioners of at least 5
years' standing and one such member is
to be appointed as chairperson and the
other member is to be appointed as
deputy chairperson.
(3) The members of the IAB are appointed
by the Governor.
(4) A member of the IAB is to be appointed
for a term not exceeding 3 years and, if
eligible, may be reappointed for further
terms.
(5) Schedule 3A has effect in relation to the
membership of the IAB.
(6) A person is not eligible to be a member
of the IAB if the person or a close
associate of that person is
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s. 8
(a) registered as a bookmaker or a
bookmaker's agent; or
(b) the trainer, owner or lessee of a
horse or greyhound used for
racing; or
(c) the rider or driver of a horse used
for racing; or
(d) a Director or employee of TOTE
Tasmania; or
(e) a member or employee of the
TRB; or
(f) the chairperson of the TRAB or
the deputy chairperson of the
TRAB; or
(g) a member of a racing club
committee; or
(h) an employee of a racing club; or
(i) a member of a racing industry
association committee.
(7) A member of the IAB must not wager on
a Tasmanian race meeting or with a
Tasmanian registered bookmaker.
22A. Delegation by chairperson
The chairperson may delegate any of the
chairperson's functions or powers under
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s. 8
this or any other Act, other than this
power of delegation, to the deputy
chairperson.
22B. Role of deputy chairperson
The deputy chairperson assists the
chairperson and acts as the chairperson
while the chairperson is absent or during
any vacancy in that office and, while so
acting, may perform the functions and
exercise the powers of the chairperson as
fully and effectively as the chairperson.
22C. IAB secretary
The Secretary of the Department may
appoint a State Service officer or State
Service employee employed in the
Department to be secretary to the IAB
and that officer or employee may hold
that office in conjunction with State
Service employment.
Division 2 Appeals
22D. Persons may appeal to IAB against decisions
of Director
A person may appeal to the IAB if the
person is aggrieved by a decision of the
Director to
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(a) refuse to grant a licence or
approve a registration under the
Rules of Racing of the person or a
horse or greyhound owned,
leased or trained by the person; or
(b) refuse to register the person as a
bookmaker or bookmaker's
agent; or
(c) cancel or suspend the person's
registration as a bookmaker or
bookmaker's agent; or
(d) refuse to endorse the person's
certificate of registration as a
bookmaker with a telephone
betting endorsement; or
(e) cancel or suspend the person's
telephone betting endorsement; or
(f) refuse to register a club of which
the person is a member; or
(g) cancel or suspend the registration
of a club of which the person is a
member; or
(h) impose conditions on the person's
licence or registration granted or
approved under the Rules of
Racing; or
(i) impose conditions on the person's
registration as a bookmaker or
bookmaker's agent; or
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s. 8
(j) impose conditions on the person's
telephone betting endorsement; or
(k) impose conditions on the
registration of a club of which the
person is a member; or
(l) issue the person with a warning-
off notice under section 54; or
(m) impose a fine on the person.
22E. Persons may appeal to IAB about disputed
bets and other matters
A person may also appeal to the IAB if
the person is
(a) in dispute with a bookmaker
regarding the placement,
acceptance, payment, non-
payment or amount of a bet; or
(b) aggrieved, as a registered
bookmaker or bookmaker's
agent, by the decision of a
registered club to withdraw its
permission for the person to
engage in bookmaking on a
racecourse under its control.
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22F. How and when should persons appeal?
(1) An appeal is instituted by lodging a
notice of appeal with the IAB.
(2) The notice of appeal
(a) is to be in a form approved by the
IAB; and
(b) must specify
(i) the parties to the appeal,
the relevant decision and
the grounds of appeal; or
(ii) if section 22E(a) applies,
the parties in dispute and
the nature of the dispute.
(3) The notice of appeal must be lodged with
the IAB within
(a) 14 days after the taking of the
relevant decision; or
(b) if section 22D(l) applies, 14 days
after the day on which the person
was issued with the warning-off
notice; or
(c) if section 22E(a) applies, 60 days
after the conclusion of the event
to which the disputed bet relates.
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s. 8
22G. Hearing of appeals
(1) On the lodgment of an appeal, the
secretary is to
(a) request the chairperson to fix a
time and place, as soon as
practicable, for the hearing of the
appeal; and
(b) give the parties to the appeal
notice of that time and place; and
(c) give the respondent a copy of the
notice of appeal.
(2) Before an appeal is heard, or
consideration is given under section 22I
to suspending the operation of a penalty,
the appellant must pay the prescribed
deposit, if any, to the secretary.
(3) An appeal is not capable of being
withdrawn or abandoned except by leave
of the chairperson.
(4) An application for leave to withdraw or
abandon an appeal is to be
(a) in a form approved by the IAB;
and
(b) lodged with the IAB.
(5) At the hearing of an appeal, the IAB may
allow the appellant to amend the grounds
of appeal if satisfied in the circumstances
of the case that it would be just to do so.
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(6) On the hearing of an appeal, the IAB
(a) is to proceed with as little
formality and technicality, and
with as much expedition, as a
proper consideration of the appeal
permits; and
(b) must observe the rules of natural
justice; and
(c) may adjourn the hearing from
time to time or from place to
place as it thinks fit; and
(d) except as provided by this Act,
may otherwise regulate its own
proceedings.
(7) Except as otherwise provided by this Act,
Part 3 and section 33 of the Commissions
of Inquiry Act 1995 apply to appeal
proceedings as if the IAB were a
Commission established under section 4
of that Act and the appeal were an
inquiry being conducted by that
Commission under that Act.
(8) A person, other than the appellant, who is
required by the IAB to attend the hearing
of an appeal is entitled to be paid such
allowances and expenses as are
prescribed or, if not prescribed, as the
IAB determines.
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(9) A party to an appeal may be represented
by an Australian legal practitioner or any
other person.
(10) The IAB may appoint an Australian legal
practitioner or other person to help it
conduct an appeal.
22H. Constitution of IAB for appeals, &c.
(1) For the purposes of hearing an appeal,
the IAB is properly constituted by 3
members.
(2) The chairperson is to choose the
members who are to constitute the IAB
for an appeal, but where practicable one
of the members chosen is to be the
chairperson or deputy chairperson.
(3) The chairperson is to preside at all
hearings of the IAB at which the
chairperson is present.
(4) If the chairperson is not present at a
hearing of the IAB, the deputy
chairperson or, if the deputy chairperson
is also absent from the hearing, such
other member of the IAB as the members
present elect is to preside at the hearing.
(5) If the members constituting the IAB for
any hearing do not agree on a matter, the
decision of the majority is the decision of
the IAB.
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s. 8
22I. Suspension of penalties pending appeals
The chairperson may, unconditionally or
on such conditions as he or she thinks fit,
suspend the operation of a penalty
pending the hearing and determination of
an appeal.
22J. Determination of appeals
(1) After hearing an appeal, the IAB
(a) may affirm, vary or quash the
decision that was the object of the
appeal or, if section 22E(a)
applies, make such orders in
settlement of the dispute as it
thinks fit; and
(b) must make an order regarding the
disposal of the prescribed deposit,
if any, lodged on appeal.
(2) For the purposes of subsection (1)(b), the
IAB must order that
(a) if the decision that was the object
of the appeal is affirmed, an
amount of not less than 50 per
cent of the prescribed deposit is
to be forfeited to the Secretary of
the Department; or
(b) if an appeal is withdrawn or
abandoned after consideration has
been given under section 22I to
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Act No. of
s. 8
suspending the operation of a
penalty, an amount of not less
than 50 per cent of the prescribed
deposit is to be forfeited to the
Secretary of the Department; or
(c) if an appeal is withdrawn or
abandoned and no consideration
has been given under section 22I
to suspending the operation of a
penalty, the whole of the
prescribed deposit is to be
refunded to the appellant; or
(d) if the decision that was the object
of the appeal is varied, an amount
of not less than 25 per cent of the
prescribed deposit is to be
forfeited to the Secretary of the
Department; or
(e) if the decision that was the object
of the appeal is quashed, the
whole of the prescribed deposit is
to be refunded to the appellant.
(3) If the IAB orders that an amount of more
than 50 per cent of the prescribed deposit
is to be forfeited to the Secretary of the
Department, it is to have regard to
(a) whether the appeal appears to the
IAB to have been made in good
faith or vexatiously; and
44
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Act No. of
s. 8
(b) whether the grounds of appeal
appear to the IAB to have been
serious or frivolous; and
(c) whether the appellant appears to
the IAB to have been seeking
genuine redress or merely a delay
in the implementation of the
decision under appeal; and
(d) whether, in the reasonable
opinion of the IAB, the appellant
pursued the appeal with due
diligence or was obstructive; and
(e) such other matters as the IAB
thinks reasonable and fair in the
circumstances.
(4) Any part of a prescribed deposit not
forfeited to the Secretary of the
Department is to be refunded to the
appellant.
(5) If, after hearing an appeal against a
decision, the IAB is satisfied that the
appellant did not engage in the conduct
that prompted the making of the decision
but may have engaged in some other
conduct that would have justified the
respondent making another decision
against the appellant, the IAB may, if it
considers it just to do so, make any
decision that could have been made by
the respondent in relation to the other
conduct.
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s. 8
(6) The IAB is to give the parties to an
appeal notice of its determination in
relation to the appeal.
(7) A determination of the IAB in relation to
an appeal is final and, in the case of an
appeal against a decision, is to be taken
to be the decision of the respondent to
which the determination relates.
(8) A registered bookmaker who, following
the determination of an appeal under
section 22E(a), is ordered by the IAB to
pay a bet must comply with that order.
Penalty: Fine not exceeding 20 penalty
units and, in the case of a
continuing offence, a further fine
not exceeding 2 penalty units for
each day during which the
offence continues.
Division 3 General
22K. Protection of IAB members, &c.
(1) A member of the IAB has, in that
capacity, the same protection and
immunity as a judge of the Supreme
Court.
(2) An Australian legal practitioner or other
person who represents a party to an
appeal or is engaged to help the IAB
conduct an appeal has, in that capacity,
the same protection and immunity as a
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s. 9
barrister appearing for a party in
proceedings in the Supreme Court.
9. Section 23 amended (Tasmanian Racing Appeal
Board (TRAB))
Section 23 of the Principal Act is amended as
follows:
(a) by omitting subsection (6) and
substituting the following subsection:
(6) Schedule 3B has effect in relation
to the membership of the TRAB.
(b) by omitting from subsection (7)(b) "or
owner" and substituting ", owner or
lessee";
(c) by omitting from subsection (7)(e) "of a
Council" and substituting "or employee
of the TRB";
(d) by omitting paragraph (f) from
subsection (7) and substituting the
following paragraphs:
(f) the chairperson of the IAB or
deputy chairperson of the IAB; or
(g) a member of a racing club
committee; or
(h) an employee of a racing club; or
47
Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 10
(i) a member of a racing industry
association committee.
10. Section 25 substituted
Section 25 of the Principal Act is repealed and
the following section is substituted:
25. Role of deputy chairperson
The deputy chairperson assists the
chairperson and acts as the chairperson
while the chairperson is absent or during
any vacancy in that office and, while so
acting, may perform the functions and
exercise the powers of the chairperson as
fully and effectively as the chairperson.
11. Section 27 repealed
Section 27 of the Principal Act is repealed.
12. Section 28 amended (Persons may appeal to TRAB
about other matters)
Section 28 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsection:
(1) A person may appeal to the
TRAB if the person is
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Racing Regulation Amendment (Governance Reform) Act 2008
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s. 12
(a) aggrieved by the decision
of the TRB or a registered
club to issue the person
with a warning-off notice
under section 54; or
(b) aggrieved by the decision
of the stewards to
(i) impose a fine on
the person; or
(ii) impose a
suspension or
disqualification on
the person or on a
horse or
greyhound owned,
leased or trained
by the person.
(b) by omitting from subsection (3) "Council
or a";
(c) by omitting from subsection (3) "Council
or" second occurring;
(d) by omitting from subsection (4) "Council
or";
(e) by omitting from subsection (5)(b)
"Council or any".
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 13
13. Section 29 amended (How and when should persons
appeal?)
Section 29(3) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "14 days"
and substituting "in the case of a minor
appeal, 7 days";
(b) by inserting the following paragraph after
paragraph (a):
(ab) in the case of any other appeal, 14
days after the taking of the
relevant decision; or
(c) by omitting from paragraph (b)
"section 27(j) or";
(d) by omitting paragraph (c).
14. Section 30 amended (Hearing of appeals)
Section 30 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1)(a) ", as
soon as practicable," after "place";
(b) by inserting in subsection (2) "or
consideration is given under section 33 to
suspending the operation of a penalty,"
after "heard";
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 15
(c) by omitting from subsection (3) "who, in
granting such leave, may direct that the
whole or any part of the deposit be
forfeited and paid to the Director";
(d) by inserting in subsection (8) ", other
than the appellant," after "person".
15. Section 31 amended (Constitution of TRAB for
appeals, &c.)
Section 31 of the Principal Act is amended by
omitting subsections (7) and (8).
16. Section 34 amended (Determination of appeals)
Section 34 of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from
subsection (1) and substituting the
following paragraph:
(a) may affirm, vary or quash the
decision that was the object of the
appeal; and
(b) by omitting subsections (2), (3) and (4)
and substituting the following
subsections:
(2) For the purposes of
subsection (1)(b), the TRAB must
order that
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Racing Regulation Amendment (Governance Reform) Act 2008
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s. 16
(a) if the decision that was
the object of the appeal is
affirmed, an amount of
not less than 50 per cent
of the prescribed deposit
is to be forfeited to the
Secretary of the
Department; or
(b) if an appeal is withdrawn
or abandoned after
consideration has been
given under section 33 to
suspending the operation
of a penalty, an amount of
not less than 50 per cent
of the prescribed deposit
is to be forfeited to the
Secretary of the
Department; or
(c) if an appeal is withdrawn
or abandoned and no
consideration has been
given under section 33 to
suspending the operation
of a penalty, the whole of
the prescribed deposit is
to be refunded to the
appellant; or
(d) if the decision that was
the object of the appeal is
varied, an amount of not
less than 25 per cent of
the prescribed deposit is
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 16
to be forfeited to the
Secretary of the
Department; or
(e) if the decision that was
the object of the appeal is
quashed, the whole of the
prescribed deposit is to be
refunded to the appellant.
(3) If the TRAB orders that an
amount of more than 50 per cent
of the prescribed deposit is to be
forfeited to the Secretary of the
Department, it is to have regard
to
(a) whether the appeal
appears to the TRAB to
have been made in good
faith or vexatiously; and
(b) whether the grounds of
appeal appear to the
TRAB to have been
serious or frivolous; and
(c) whether the appellant
appears to the TRAB to
have been seeking
genuine redress or merely
a delay in the
implementation of the
decision under appeal;
and
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Racing Regulation Amendment (Governance Reform) Act 2008
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s. 17
(d) whether, in the reasonable
opinion of the TRAB, the
appellant pursued the
appeal with due diligence
or was obstructive; and
(e) such other matters as the
TRAB thinks reasonable
and fair in the
circumstances.
(4) Any part of a prescribed deposit
not forfeited to the Secretary of
the Department is to be refunded
to the appellant.
(c) by omitting from subsection (5) "and
with the consent of the appellant";
(d) by omitting subsection (8).
17. Section 36 amended (Who may hold race
meetings?)
Section 36(1)(c) of the Principal Act is amended
by omitting "Councils that are" and substituting
"the TRB if".
18. Section 38 amended (Race meeting permits)
Section 38(6)(b) of the Principal Act is amended
by omitting "TRAB" and substituting "IAB".
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Racing Regulation Amendment (Governance Reform) Act 2008
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s. 19
19. Section 40 amended (Registration and renewal of
registration)
Section 40 of the Principal Act is amended as
follows:
(a) by omitting subsection (1) and
substituting the following subsections:
(1) The Director may register a club
on the recommendation of the
TRB.
(1A) In making its recommendation,
the TRB must be satisfied that the
club
(a) is incorporated; and
(b) is not a proprietary club;
and
(c) comprises not less than
the prescribed number of
members; and
(d) has, or is likely to have,
an aggregate annual
membership subscription
of not less than the
prescribed amount; and
(e) is, or within 12 months of
lodging its application for
registration is likely to be,
the owner, lessee or
licensee of a racecourse
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Racing Regulation Amendment (Governance Reform) Act 2008
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s. 20
complying with the
prescribed conditions, if
any; and
(f) is in a sound financial
position.
(b) by inserting in subsection (2) ", on the
recommendation of the TRB," after
"may";
(c) by omitting from subsection (2)
"subsection (1)" and substituting
"subsection (1A)".
20. Section 43 amended (Suspension and cancellation,
&c., of registration)
Section 43(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b)
"section 40(1)" and substituting
"section 40(1A)";
(b) by omitting from paragraph (g) "section
6 of the TOTE Tasmania (Racing
Regulation) Act 2004" and substituting
"section 44A".
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21. Section 44 amended (Substitute race meetings on
suspension, &c., of registration)
Section 44 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "relevant
Council" and substituting "TRB";
(b) by omitting from subsection (3)(a) "a
Council" and substituting "the TRB";
(c) by omitting from subsection (3)(b) "a
Council" and substituting "the TRB";
(d) by omitting from subsection (4) "a
Council" and substituting "the TRB".
22. Sections 44A, 44B, 44C and 44D inserted
After section 44 of the Principal Act, the
following sections are inserted in Division 2:
44A. Purchase and improvement of racecourses
(1) A racing club must not, without the
written approval of the TRB
(a) buy a racecourse; or
(b) spend, in any one racing year, in
excess of the allowed limit on
improving a racecourse unless the
amount of the excess is met from
the club's current funds exclusive
of any additional borrowings
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Racing Regulation Amendment (Governance Reform) Act 2008
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s. 22
relating, wholly or partly, to the
carrying out of those
improvements.
(2) In subsection (1)
"allowed limit" means
(a) $5 000; or
(b) if another amount is prescribed,
that other amount.
44B. Allotment of racing days
(1) The racing days for racing clubs on
which the totalizator is to be used are to
be allotted in each racing year by the
TRB after consultation with each racing
club.
(2) The TRB may, after consultation with the
relevant racing club, specify the racing
days on which certain races may be
conducted.
44C. Betting-only meetings
(1) The TRB may authorise a racing club to
hold one or more betting-only meetings
in a racing year.
(2) The betting-only meetings for racing
clubs are to be authorised and allotted by
the TRB only after it has consulted each
racing club that may be affected by the
authorisation.
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(3) The TRB is not to authorise a racing club
to hold a betting-only meeting at a
racecourse on a day on which a race
meeting is scheduled to be held in the
same region of the State as the region in
which that racecourse is located.
(4) In this section
"region" means the northern region,
north-western region or southern
region.
44D. Emergency conversion of race meetings to
betting-only meetings
Notwithstanding sections 44B and 44C,
the TRB may authorise a racing club to
convert a race meeting to a betting-only
meeting if and only if
(a) the race meeting scheduled to be
held by the club has been
abandoned; and
(b) the TRB is satisfied in the
circumstances that the club had
good cause for abandoning the
race meeting.
23. Section 47 amended (Winding-up of clubs)
Section 47 of the Principal Act is amended as
follows:
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Racing Regulation Amendment (Governance Reform) Act 2008
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(a) by omitting from subsection (4)(b)
"TOTE Tasmania" and substituting "the
TRB";
(b) by omitting from subsection (5) "TOTE
Tasmania" twice occurring and
substituting "the TRB";
(c) by omitting from subsection (6) "TOTE
Tasmania" and substituting "the TRB".
24. Section 50 amended (Appointment, &c., of club
officers)
Section 50 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Council
or";
(b) by omitting from subsection (2) "Council
or";
(c) by omitting from subsection (3) "Council
or" twice occurring;
(d) by omitting from subsection (4) "Council
or";
(e) by omitting from subsection (5) "Council
or" first occurring;
(f) by omitting from subsection (5)(a)
"Council or";
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 25
(g) by omitting from subsection (5)(b)
"Council or";
(h) by omitting from subsection (6) "Council
or" twice occurring;
(i) by omitting from subsection (7) "Council
or".
25. Section 51 amended (Appointment of stewards and
other racing officials)
Section 51 of the Principal Act is amended as
follows:
(a) by omitting subsections (2) and (3) and
substituting the following subsection:
(2) A person is not capable of being
appointed as a full-time
stipendiary steward unless a panel
consisting of the chairpersons of
the TRB and IAB and the
Director has recommended the
appointment.
(b) by omitting from subsection (7) "a
Council or" and substituting "the TRB or
a".
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 26
26. Section 53 amended (Effect of disqualification)
Section 53(2) of the Principal Act is amended by
omitting "a Council, club or" from the definition
of "disqualified".
27. Section 54 amended (Warning-off notices)
Section 54 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "A
Council or" and substituting "The TRB
or a";
(b) by omitting from subsection (2)(a)
"Council" and substituting "TRB";
(c) by omitting from subsection (2)(b)
"Council" and substituting "TRB";
(d) by omitting from subsection (4) "a
Council" and substituting "the TRB";
(e) by omitting from subsection (4)
"Council" second occurring and
substituting "TRB";
(f) by omitting from subsection (6) "a
Council" and substituting "the TRB";
(g) by omitting from subsection (12) "a
Council" and substituting "the TRB";
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 28
(h) by omitting from subsection (12)(a)
"Council" twice occurring and
substituting "TRB";
(i) by omitting from subsection (12)(b)
"Council" and substituting "TRB";
(j) by omitting from subsection (13) "a
Council" and substituting "the TRB".
28. Section 82 amended (Unclaimed winnings and their
disposal )
Section 82(2)(b) of the Principal Act is amended
by omitting "TOTE Tasmania" and substituting
"the TRB".
29. Section 106 amended (Protection for racing
administrators and officials)
Section 106 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2) "a
Council or regulatory panel" and
substituting "the TRB";
(b) by omitting from subsection (2)
"Council's or regulatory panel's" and
substituting "TRB's";
(c) by omitting from subsection (4) "a
Council attaches to the Council" and
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 30
substituting "the TRB attaches to the
TRB";
(d) by omitting subsection (5).
30. Section 109 amended (Regulations)
Section 109(3) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (c) "a
Council" and substituting "the TRB";
(b) by omitting from paragraph (c) "that
Council" and substituting "the TRB";
(c) by omitting from paragraph (d) "a
regulatory panel" and substituting "the
IAB";
(d) by omitting from paragraph (d) "that
panel" and substituting "the IAB or its
chairperson".
31. Section 111 amended (Rules of Racing)
Section 111 of the Principal Act is amended as
follows:
(a) by omitting from subsection (2)(b) "a
Council, regulatory panel," and
substituting "the TRB, the IAB, the
TRAB, a";
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 32
(b) by omitting from subsection (4) "A rule-
making authority" and substituting "The
TRB";
(c) by omitting from subsection (5) "rule-
making authority" and substituting
"TRB";
(d) by omitting from subsection (6) "A rule-
making authority" and substituting "The
TRB";
(e) by omitting from subsection (7)(b)
"responsible rule-making authority" and
substituting "TRB";
(f) by omitting subsection (8).
32. Section 112 repealed
Section 112 of the Principal Act is repealed.
33. Schedules 1, 2 and 3 substituted
Schedules 1, 2 and 3 to the Principal Act are
repealed and the following Schedules are
substituted:
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
SCHEDULE 1 MEETINGS OF TASMANIAN
RACING BOARD
Section 10(4)
1. Interpretation
In this Schedule
"meeting" means a meeting of the
TRB;
"member" means a member of the
TRB.
2. Convening meetings
A meeting may be convened by the
chairperson alone or by any 4 members.
3. Quorum
Five members constitute a quorum at any
duly convened meeting of the TRB.
4. Chairing of meetings
(1) The chairperson is to preside at all
meetings at which he or she is present.
(2) If the chairperson is not present at a
meeting, the deputy chairperson is to
preside at that meeting if he or she is
present.
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s. 33
(3) If the chairperson and deputy chairperson
are both absent from a meeting, the
members present are to elect one of their
number to preside at the meeting.
5. Procedure at meetings
(1) Any duly convened meeting at which a
quorum is present is competent to
transact any TRB business.
(2) Each member, including the chairperson
and deputy chairperson, has only one
vote.
(3) A question arising at a meeting is to be
determined by a majority of the votes
cast.
(4) In the event of an equality of votes on a
question arising at a meeting, the
question stands adjourned until the next
meeting.
6. Minutes
The TRB is to
(a) keep accurate minutes of each
meeting; and
(b) approve the minutes; and
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s. 33
(c) give the Minister a copy of those
minutes within 14 days of the
minutes being approved.
7. Special attendance
(1) The TRB may permit a member to
participate in a particular meeting by
(a) telephone; or
(b) television conference; or
(c) another means of communication
approved by the TRB.
(2) A member who participates in a meeting
under a permission granted under this
clause is taken to be present at the
meeting.
(3) The TRB may permit a person to attend a
meeting for the purpose of advising or
informing it on any matter.
8. General procedure
Except as provided by this Act, the TRB
may regulate its own proceedings.
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s. 33
SCHEDULE 2 PROVISIONS WITH RESPECT TO
SUPERANNUATION RELATING TO EMPLOYEES
OF TRB
Section 16(5)
1. Superannuation information
The TRB must, when so required by the
Minister administering the Retirement
Benefits Act 1993 or by the Retirement
Benefits Fund Board, provide any
information that may be required for an
actuarial review of any of its liabilities
under that Act.
2. Superannuation
(1) The TRB may make contributions to one
or more superannuation schemes that
comply with the law of the
Commonwealth relating to
superannuation and may participate in a
superannuation scheme provided by the
Retirement Benefits Act 1993 or the
Public Sector Superannuation Reform
Act 1999 and, if it does so participate in
either of those schemes, it is taken to be a
prescribed authority for the purposes of
those Acts in respect of any of its
employees who are subject to the
scheme.
(2) The TRB must not establish a
superannuation scheme.
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Racing Regulation Amendment (Governance Reform) Act 2008
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s. 33
(3) If the TRB participates in a
superannuation scheme provided by the
Retirement Benefits Act 1993 or the
Public Sector Superannuation Reform
Act 1999, the TRB must comply with any
instruction relating to superannuation
given to it by the Minister administering
those Acts.
SCHEDULE 3 PROVISIONS RELATING TO
MEMBERSHIP OF TRB
Section 19(15)
1. Interpretation
In this Schedule
"chairperson" means the chairperson
of the TRB;
"member" means a member of the
TRB;
"State servant" means a State Service
officer or State Service employee.
2. Holding other office
The holder of an office who is required
by the terms of his or her employment to
devote the whole of his or her time to the
duties of that office is not disqualified
from
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s. 33
(a) holding that office and also the
office of a member; or
(b) accepting any remuneration
payable to a member.
3. State servants may be members
(1) The State Service Act 2000 does not
apply in relation to a member in his or
her capacity as a member.
(2) A State servant may hold the office of a
member in conjunction with State
Service employment.
4. Remuneration of members and conditions of
appointment
(1) A member is entitled to be paid such
remuneration and allowances as the
Governor may from time to time
determine.
(2) A member who is a State servant is not
entitled to receive remuneration or
allowances under this clause, except with
the approval of the Minister
administering the State Service Act 2000.
(3) A member holds office on such
conditions in relation to matters not
provided for by this Act as are specified
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
in the member's instrument of
appointment.
5. Vacation of office
(1) A member vacates office if he or she
(a) dies before the end of the term for
which he or she has been
appointed; or
(b) resigns by notice given to the
Governor; or
(c) is removed from office under
subclause (2).
(2) The Governor may remove a member
from office if the member
(a) fails to comply with the code of
conduct referred to in
section 11(1)(r); or
(b) becomes bankrupt, applies to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, compounds with the
member's creditors or makes an
assignment of the member's
remuneration or estate for their
benefit; or
(c) under this Act, ceases to be
eligible to hold the office; or
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
(d) fails to disclose a personal
interest as required by
clause 6(1); or
(e) is convicted, in Tasmania or
elsewhere, of a crime or offence
punishable by imprisonment or
by a fine of 300 or more penalty
units; or
(f) is convicted of an offence against
this Act, the Racing (Totalizator
Betting) Act 1952 or the Gaming
Control Act 1993.
6. Disclosure of interest
(1) A member of the TRB who has a direct
or indirect interest in a matter being
considered, or about to be considered, by
the TRB must, as soon as practicable
after the relevant facts come to the
member's knowledge, disclose the nature
of the interest at a meeting of the TRB.
Penalty: Fine not exceeding 50 penalty
units or a term of imprisonment
not exceeding 3 months, or both.
(2) A disclosure made by a member under
subclause (1) is to be recorded in the
minutes and the member must not, unless
the TRB exclusive of that member
determines otherwise
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
(a) be present during any
deliberations of the TRB in
relation to the matter; or
(b) take part in any decision of the
TRB in relation to the matter.
7. Validity of proceedings, &C.
(1) An act or proceeding of the TRB or of a
person acting under a direction of the
TRB is not invalidated by reason only
that, at the time when the act or
proceeding was done, taken or
commenced, there was a vacancy in the
membership of the TRB.
(2) All acts and proceedings of the TRB or
of a person acting under a direction of
the TRB are, despite the subsequent
discovery of a defect in the appointment
of a member or that any other person was
disqualified from acting as, or incapable
of being, a member, as valid as if the
member had been duly appointed and
was qualified to act as, or capable of
being, a member, and as if the TRB had
been fully constituted.
8. Presumptions
In any proceedings by or against the TRB
or in which an act or proceeding of the
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Act No. of
s. 33
TRB is in issue, unless evidence is given
to the contrary, proof is not required of
(a) the constitution of the TRB; or
(b) any resolution of the TRB; or
(c) the appointment of any member
of the TRB; or
(d) the presence of a quorum at any
meeting of the TRB.
SCHEDULE 3A FURTHER PROVISIONS
RELATING TO MEMBERSHIP OF IAB
Section 22(5)
1. Interpretation
In this Schedule
"member" means a member of the
IAB;
"State servant" means a State Service
officer or State Service employee.
2. Holding other office
The holder of an office who is required
by the terms of his or her employment to
devote the whole of his or her time to the
duties of that office is not disqualified
from
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Act No. of
s. 33
(a) holding that office and also the
office of a member; or
(b) accepting any remuneration
payable to a member.
3. State servants may be members
(1) The State Service Act 2000 does not
apply in relation to a member in his or
her capacity as a member.
(2) A State servant may hold the office of a
member in conjunction with State
Service employment.
4. Remuneration of members and conditions of
appointment
(1) A member is entitled to be paid such
remuneration and allowances as the
Governor may from time to time
determine.
(2) A member who is a State servant is not
entitled to receive remuneration or
allowances under this clause, except with
the approval of the Minister
administering the State Service Act 2000.
(3) A member holds office on such
conditions in relation to matters not
provided for by this Act as are specified
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Act No. of
s. 33
in the member's instrument of
appointment.
5. Vacation of office
(1) A member vacates office if he or she
(a) dies before the end of the term for
which he or she has been
appointed; or
(b) resigns by notice given to the
Governor; or
(c) is removed from office under
subclause (2) or (3).
(2) The Governor may remove a member
from office if the member
(a) becomes bankrupt, applies to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, compounds with the
member's creditors or makes an
assignment of the member's
remuneration or estate for their
benefit; or
(b) under this Act, ceases to be
eligible to hold the office; or
(c) fails to disclose a personal
interest as required by
clause 6(1); or
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Act No. of
s. 33
(d) is convicted, in Tasmania or
elsewhere, of a crime or offence
punishable by imprisonment or
by a fine of 300 or more penalty
units; or
(e) is convicted of an offence against
this Act, the Racing (Totalizator
Betting) Act 1952 or the Gaming
Control Act 1993; or
(f) has his or her name removed
from the roll of local lawyers kept
by the Supreme Court.
(3) The Governor may remove a member
from office if satisfied that the member is
unable to perform the duties of the office
adequately or competently.
(4) A member must not be removed from
office otherwise than in accordance with
this clause.
6. Disclosure of interest
(1) A member of the IAB who has a direct or
indirect interest in a matter being
considered, or about to be considered, by
the IAB must, as soon as practicable after
the relevant facts come to the member's
knowledge, disclose the nature of the
interest prior to the hearing before the
IAB to which the direct or indirect
interest relates.
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
Penalty: Fine not exceeding 50 penalty
units or a term of imprisonment
not exceeding 3 months, or both.
(2) A member who discloses an interest
under subclause (1) must not, unless the
chairperson determines otherwise
(a) be present during any
deliberations of the IAB in
relation to the matter; or
(b) take part in any decision of the
IAB in relation to the matter.
7. Filling of vacancies
If the office of a member of the IAB
becomes vacant, otherwise than by the
expiration of the term for which the
member was appointed, the Governor
may appoint a person to the vacant office
for the remainder of the member's term
of office.
8. Validity of proceedings, &c.
(1) An act or proceeding of the IAB or of a
person acting under a direction of the
IAB is not invalidated by reason only
that, at the time when the act or
proceeding was done, taken or
commenced, there was a vacancy in the
membership of the IAB.
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Act No. of
s. 33
(2) All acts and proceedings of the IAB or of
a person acting under a direction of the
IAB are, despite the subsequent
discovery of a defect in the appointment
of a member or that any other person was
disqualified from acting as, or incapable
of being, a member, as valid as if the
member had been duly appointed and
was qualified to act as, or capable of
being, a member, and as if the IAB had
been fully constituted.
9. Presumptions
In any proceedings by or against the
IAB, unless evidence is given to the
contrary, proof is not required of
(a) the constitution of the IAB; or
(b) any resolution of the IAB; or
(c) the appointment of any member
of the IAB.
SCHEDULE 3B FURTHER PROVISIONS
RELATING TO MEMBERSHIP OF TRAB
Section 23(6)
1. Interpretation
In this Schedule
"member" means a member of the
TRAB;
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
"State servant" means a State Service
officer or State Service employee.
2. Holding other office
The holder of an office who is required
by the terms of his or her employment to
devote the whole of his or her time to the
duties of that office is not disqualified
from
(a) holding that office and also the
office of a member; or
(b) accepting any remuneration
payable to a member.
3. State servants may be members
(1) The State Service Act 2000 does not
apply in relation to a member in his or
her capacity as a member.
(2) A State servant may hold the office of a
member in conjunction with State
Service employment.
4. Remuneration of members and conditions of
appointment
(1) A member is entitled to be paid such
remuneration and allowances as the
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
Governor may from time to time
determine.
(2) A member who is a State servant is not
entitled to receive remuneration or
allowances under this clause, except with
the approval of the Minister
administering the State Service Act 2000.
(3) A member holds office on such
conditions in relation to matters not
provided for by this Act as are specified
in the member's instrument of
appointment.
5. Vacation of office
(1) A member vacates office if he or she
(a) dies before the end of the term for
which he or she has been
appointed; or
(b) resigns by notice given to the
Governor; or
(c) is removed from office under
subclause (2) or (3).
(2) The Governor may remove a member
from office if the member
(a) becomes bankrupt, applies to take
the benefit of any law for the
relief of bankrupt or insolvent
debtors, compounds with the
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
member's creditors or makes an
assignment of the member's
remuneration or estate for their
benefit; or
(b) under this Act, ceases to be
eligible to hold the office; or
(c) fails to disclose a personal
interest as required by
clause 6(1); or
(d) is convicted, in Tasmania or
elsewhere, of a crime or offence
punishable by imprisonment or
by a fine of 300 or more penalty
units; or
(e) is convicted of an offence against
this Act, the Racing (Totalizator
Betting) Act 1952 or the Gaming
Control Act 1993; or
(f) has his or her name removed
from the roll of local lawyers kept
by the Supreme Court.
(3) The Governor may remove a member
from office if satisfied that the member is
unable to perform the duties of the office
adequately or competently.
(4) A member must not be removed from
office otherwise than in accordance with
this clause.
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s. 33
6. Disclosure of interest
(1) A member of the TRAB who has a direct
or indirect interest in a matter being
considered, or about to be considered, by
the TRAB must, as soon as practicable
after the relevant facts come to the
member's knowledge, disclose the nature
of the interest prior to the hearing before
the TRAB to which the direct or indirect
interest relates.
Penalty: Fine not exceeding 50 penalty
units or a term of imprisonment
not exceeding 3 months, or both.
(2) A member who discloses an interest
under subclause (1) must not, unless the
chairperson determines otherwise
(a) be present during any
deliberations of the TRAB in
relation to the matter; or
(b) take part in any decision of the
TRAB in relation to the matter.
7. Filling of vacancies
If the office of a member of the TRAB
becomes vacant, otherwise than by the
expiration of the term for which the
member was appointed, the Governor
may appoint a person to the vacant office
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Racing Regulation Amendment (Governance Reform) Act 2008
Act No. of
s. 33
for the remainder of the member's term
of office.
8. Validity of proceedings, &c.
(1) An act or proceeding of the TRAB or of
a person acting under a direction of the
TRAB is not invalidated by reason only
that, at the time when the act or
proceeding was done, taken or
commenced, there was a vacancy in the
membership of the TRAB.
(2) All acts and proceedings of the TRAB or
of a person acting under a direction of
the TRAB are, despite the subsequent
discovery of a defect in the appointment
of a member or that any other person was
disqualified from acting as, or incapable
of being, a member, as valid as if the
member had been duly appointed and
was qualified to act as, or capable of
being, a member, and as if the TRAB had
been fully constituted.
9. Presumptions
In any proceedings by or against the
TRAB, unless evidence is given to the
contrary, proof is not required of
(a) the constitution of the TRAB; or
(b) any resolution of the TRAB; or
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Act No. of
s. 33
(c) the appointment of any member
of the TRAB.
86 Government Printer, Tasmania