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TASMANIA
__________
RACING REGULATION BILL 2004
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Application of Act
PART 2 DIRECTOR OF RACING
5. Director of Racing
6. Functions of Director
7. Powers of Director
8. Financial management and audit
9. Delegation by Director
PART 3 COUNCILS
Division 1 General provisions
10. Racing Councils
11. General functions and powers of Councils
12. Delegation by Councils
13. Council returns, &c.
[Bill 75]-III
Division 2 Council membership
14. Membership of Tasmanian Thoroughbred Racing Council
15. Membership of Harness Racing Tasmania
16. Membership of Greyhound Racing Tasmania
17. Council membership: further provisions
PART 4 REGULATORY PANELS
18. Racing regulatory panels
19. Membership of regulatory panels
20. The independent lawyer
21. Functions and powers of regulatory panels
22. Delegation by regulatory panels
PART 5 TRAB
23. Tasmanian Racing Appeal Board (TRAB)
24. Delegation by chairperson
25. Role of deputy chairperson
26. TRAB secretary
27. Persons may appeal to TRAB against decisions of
Director
28. Persons may appeal to TRAB about disputed bets and
other matters
29. How and when should persons appeal?
30. Hearing of appeals
31. Constitution of TRAB for appeals, &c.
32. Protection of TRAB members, &c.
33. Suspension of penalties pending appeals
34. Determination of appeals
PART 6 REGULATION OF RACING
Division 1 Restrictions on holding race meetings
35. What is a race meeting?
36. Who may hold race meetings?
2
37. Where may race meetings, &c., be held?
38. Race meeting permits
Division 2 Clubs and racing by clubs
39. Provisions about clubs
40. Registration and renewal of registration
41. Applications for registration or renewal of registration
42. Features of club registration
43. Suspension and cancellation, &c., of registration
44. Substitute race meetings on suspension, &c., of
registration
45. Club returns, &c.
46. Accounting records, audit, &c.
47. Winding-up of clubs
48. Merger of clubs
49. Prohibition of proprietary racing
Division 3 Officers and stewards
50. Appointment, &c., of Council and club officers
51. Appointment of stewards and other racing officials
52. Stewards may regulate betting in certain cases
Division 4 Miscellaneous
53. Effect of disqualification
54. Warning-off notices
PART 7 REGULATION OF BOOKMAKING
Division 1 Restrictions on engaging in bookmaking
55. What is bookmaking?
56. Bookmakers must be registered
57. Bookmakers' agents must be registered
Division 2 Registration
58. Applications for registration
59. Security for bookmaker registration
3
60. Features of registration
61. What does registration authorise?
62. Substitute certificates of registration
63. Cancellation, &c., of registration for certain convictions
64. Suspension or cancellation, &c., of registration for
misconduct
65. Effect of suspension of registration
66. Return of cancelled certificates
Division 3 Business and betting
Subdivision 1 General controls and conduct
67. Bookmakers and their agents may only field on
racecourses, &c.
68. Bookmakers and their agents must not bet at totalizator
odds
69. Bookmakers and their agents must not engage in
improper procurement
70. Bookmakers' agents may only field if their principals
field on the same day
71. Restrictions on power of clubs to control or charge
bookmakers
Subdivision 2 Telephone betting endorsements
72. Control of telephone betting
73. Applications for telephone betting endorsements
74. Security for telephone betting endorsements
75. Conditions of telephone betting endorsements
76. Features of telephone betting endorsements
Subdivision 3 Betting tickets and records
77. Bookmakers and agents must issue tickets and record
bets
78. Bookmakers must keep betting records
79. Bookmakers must keep books of account
80. Bookmakers must give certain records to clubs
4
81. Bookmakers must give certain returns to Director
Subdivision 4 Unclaimed winnings and commissions
82. Unclaimed winnings and their disposal
83. Payment of commission to Director
84. Payment of commission to clubs
85. Set-off for GST
PART 8 OFFENCES
86. Authorised and unauthorised betting, &c.
87. Offences by bettors
88. Betting with and by minors
89. Betting with unregistered bookmakers
90. Clubs must not allow unregistered persons to field
91. Unlawful communication of bookmaker odds during race
meetings, &c.
92. Betting in public places
93. Unlawful betting-places
94. False or misleading statements
95. Bribery of stewards and other racing officials, &c.
PART 9 ENFORCEMENT
96. Authorised persons and police officers have right to enter
racecourses
97. Power of police and stewards to require personal
information
98. Power of police to arrest, &c., in public places
99. Self-incrimination
100. Forfeiture and disposal of things, &c., used for
unauthorised betting
101. Vicarious liability of bookmakers
102. Evidentiary provisions
103. Unauthorised betting agreements, &c., are void
104. Proceedings
5
PART 10 MISCELLANEOUS
105. Replacement certificates of registration
106. Protection for racing administrators and officials
107. Conduct of inquiries
108. Service of notices
109. Regulations
110. Sports Betting Rules
111. Rules of Racing
112. Council elections
113. Administration of Act
SCHEDULE 1 FURTHER PROVISIONS ON
COUNCIL/TRAB MEMBERSHIP
SCHEDULE 2 MEETINGS OF COUNCILS
SCHEDULE 3 REGULATORY PANELS
SCHEDULE 4 CONDUCT OF INQUIRIES
6
RACING REGULATION BILL 2004
(Brought in by the Minister for Racing, the Honourable
James Glennister Cox)
A BILL FOR
An Act to provide for the better regulation of
thoroughbred, harness and greyhound racing and
associated betting activities, and for related
purposes
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
PART 1 PRELIMINARY
Short title
1. This Act may be cited as the Racing Regulation Act
2004.
Commencement
2. This Act commences on a day to be proclaimed.
Interpretation
3. In this Act, unless the contrary intention appears
[Bill 75] 7
s. 3 No. Racing Regulation 2004
"accept a bet" includes negotiate a bet;
"act" includes omission;
"appeal" means an appeal to the TRAB;
"approved form" means a form approved or
determined by the Director;
"approved sports event" means an approved
sports event within the meaning of the
Gaming Control Act 1993;
"Australian Rules of Racing" means the national
rules of racing for a code of racing, as
promulgated by the code's peak national body;
"authorised betting" has the meaning referred to
in section 86;
"betting" means betting on
(a) contingencies relating to horse or
greyhound races; or
(b) contingencies relating to approved
sports events;
"betting-only meeting" means a meeting of a
registered club (held under the authority of
TOTE Tasmania on a racecourse) at which no
racing takes place but during which the club
may conduct totalizator betting or allow lawful
bookmaking to be carried on;
"betting ticket" means a ticket issued by or on
behalf of a bookmaker in evidence of a bet
accepted by that bookmaker;
"bookmaker's agent" means a person who
independently accepts bets for or on behalf of a
8
2004 Racing Regulation No. s. 3
bookmaker but does not mean a person who,
by virtue of his or her employment and under
direction, merely assists a bookmaker or
bookmaker's agent to engage in bookmaking;
"bookmaking" has the meaning referred to in
section 55;
"chairperson" means the chairperson of the TRAB;
"club committee" means the committee or other
governing body of a registered club;
"code of racing" means, according to the context
(a) thoroughbred racing; or
(b) harness racing; or
(c) greyhound racing;
"control" includes supervision;
"controlling club", in relation to a racecourse,
means the registered club for the time being in
control of that racecourse;
"conviction", in relation to an offence, includes a
finding of guilt without the recording of a
conviction for the offence;
"Council" means, according to the context
(a) the Tasmanian Thoroughbred Racing
Council; or
(b) Harness Racing Tasmania; or
(c) Greyhound Racing Tasmania;
"deputy chairperson" means the deputy
chairperson of the TRAB;
9
s. 3 No. Racing Regulation 2004
"direct" means direct in writing;
"Director" means the person for the time being
holding or acting in the office of Director of
Racing referred to in section 5;
"exclude", in relation to the exclusion of a person
from a racecourse by a club, means
(a) refusing permission for the person to
enter the racecourse; or
(b) withdrawing consent for the person's
continued presence on the racecourse;
"financial year" means
(a) in the case of a club, the financial year
used by the club; or
(b) in any other case, the 12-month period
ending on 30 June in any year;
"functions" includes duties and responsibilities;
"greyhound race" means a race between
greyhound dogs in pursuit of a mechanical
lure;
"inquiry" means an inquiry held by the Director
under this Act;
"issue", in relation to a betting ticket, includes
deliver;
"made", in relating to any Rules of Racing, includes
adopted;
"minor" means a person who has not attained the
age of 18 years;
"notice" means notice in writing;
10
2004 Racing Regulation No. s. 3
"principal" means the person specified in the
certificate of registration of a bookmaker's
agent as the registered bookmaker for or on
whose behalf the bookmaker's agent may
engage in bookmaking;
"public place" has the same meaning as in the
Police Offences Act 1935;
"racecourse" means the place where a race
meeting or betting-only meeting is held;
"race meeting" has the meaning referred to in
section 35;
"racing" means horse racing or greyhound racing
other than racing of that kind conducted
exclusively for the purpose of training
animals, drivers or riders;
"racing official" means a person holding an
appointment under section 51(1);
"registered" means registered under this Act;
"regulatory panel" means a regulatory panel
established under section 18;
"respondent", in relation to an appeal to the
TRAB, means the person or persons
responsible for making the decision that is the
subject of appeal;
"Rules of Racing" means the Rules of Racing made
and in force under this Act for a code of racing;
"secretary" means the secretary to the TRAB;
"statutory rule" means a statutory rule for the
purposes of the Rules Publication Act 1953;
11
s. 4 No. Racing Regulation 2004
"steward" means a person holding an appointment
as a stipendiary steward under section 51;
"telephone betting endorsement" means an
endorsement, on a bookmaker's certificate of
registration, that authorises the bookmaker to
engage in on-course telephone betting in
accordance with Subdivision 2 of Division 3 of
Part 7;
"totalizator" means an instrument, machine or
contrivance for the distribution of money to
the holders of tickets or shares in a pool or an
aggregation of contributions contingently on
the result of a sporting contingency, and
includes a device for the distribution of money
in the like manner on any contingency;
"TOTE Tasmania" means the company formed
under section 6 of the TOTE Tasmania Act
2000 as TOTE Tasmania Pty Ltd;
"TRAB" means the Tasmanian Racing Appeal
Board continued under section 23;
"unauthorised betting" has the meaning referred
to in section 86.
Application of Act
4. This Act does not apply to, limit or render unlawful
(a) totalizator betting by, with or through TOTE
Tasmania; or
(b) the conduct of, or participation in, games,
gaming or gaming activities authorised under
the Gaming Control Act 1993 or TT-Line
Gaming Act 1993; or
12
2004 Racing Regulation No. s. 4
(c) business, technical or promotional activities
associated with the activities referred to in
paragraphs (a) and (b); or
(d) such other activities as may be prescribed.
13
s. 5 No. Racing Regulation 2004
PART 2 DIRECTOR OF RACING
Director of Racing
5. The Governor may appoint a State Service officer or
State Service employee to be Director of Racing and that
officer or employee may hold that office in conjunction
with State Service employment.
Functions of Director
6. (1) The Director is responsible for
(a) regulating and controlling racing to ensure
that it is conducted with integrity; and
(b) monitoring the administration of racing; and
(c) researching and investigating racing and
related matters; and
(d) advising the Minister on racing and related
matters and making appropriate policy
recommendations for the development of
racing; and
(e) liaising with authorities and persons
responsible for racing and related matters in
this State and, as appropriate, elsewhere; and
(f) representing the State and the local industry
on national bodies and in national forums
generally concerned with racing and related
matters; and
(g) monitoring, coordinating and setting
standards, in consultation with the Councils,
14
2004 Racing Regulation No. s. 7
for the training of people employed or
otherwise engaged in the racing industry; and
(h) providing administrative support to the
regulatory panels and the TRAB; and
(i) such other functions as are imposed on the
Director by this or any other Act.
(2) The Director is also responsible for
(a) controlling race nominations, acceptances,
field selections, handicapping, barrier draws
and scratchings in harness racing; and
(b) controlling race nominations, gradings, field
selections, box draws and scratchings in
greyhound racing; and
(c) providing advice and recommendations to the
Tasmanian Thoroughbred Racing Council on
the Rules of Racing; and
(d) ensuring that the Rules of Racing for all codes
of racing are properly enforced by stewards.
Powers of Director
7. (1) The Director has power to do such things (other
than employ persons) as the Director considers necessary
or convenient for or in connection with the exercise or
performance of any power or function conferred or imposed
on the Director by this or any other Act.
(2) Without limiting the generality of subsection (1),
the Director may
(a) hold inquiries; and
15
s. 7 No. Racing Regulation 2004
(b) maintain registers of clubs, bookmakers and
bookmakers' agents; and
(c) give directions to Councils and registered
clubs, either individually or collectively; and
(d) give directions to registered bookmakers,
either individually or collectively, including
directions about how they may advertise; and
(e) give directions to bookmakers' agents and
other persons involved in the racing industry,
either individually or collectively; and
(f) require a Council, registered club or registered
bookmaker to furnish the Director with
specified information within a specified time
and in a specified manner; and
(g) apply, towards the costs of administering this
Act, any of the following payments received by
the Director or on his or her behalf:
(i) payments under sections 30 and 34;
(ii) registration fees under this Act;
(iii) registration and licensing fees under any
Rules of Racing;
(iv) fines imposed by stewards under any
Rules of Racing;
(v) fines imposed by the Director under this
Act;
(vi) proceeds from the sale of any goods or
the provision of any services;
(vii) such other payments as the Minister
may approve.
16
2004 Racing Regulation No. s. 8
Financial management and audit
8. (1) The Director is responsible for
(a) ensuring that payments from the Director's
funds are correctly made and properly
authorised; and
(b) maintaining adequate control over
(i) any assets of, or in the custody of, the
Director; and
(ii) the incurring of Director's liabilities.
(2) The Director is to keep accounting records that
correctly record and explain the Director's transactions
and financial position.
(3) The accounts and records of the Director are
subject to the Financial Management and Audit Act 1990.
Delegation by Director
9. The Director may delegate any of the Director's powers
or functions other than this power of delegation.
17
s. 10 No. Racing Regulation 2004
PART 3 COUNCILS
Division 1 General provisions
Racing Councils
10. (1) The 3 specialist councils reconstituted under
section 16I(1) of the Racing Act 1983 each continue as a
body corporate as follows:
(a) the council referred to in paragraph (a) of that
section continues under the same name:
"Tasmanian Thoroughbred Racing Council";
(b) the council referred to in paragraph (b) of that
section continues under the new name:
"Harness Racing Tasmania";
(c) the council referred to in paragraph (c) of that
section continues under the new name:
"Greyhound Racing Tasmania".
(2) A person is not eligible to be a member of a
Council if the person is
(a) registered as a bookmaker or bookmaker's
agent; or
(b) the holder of registration or a licence under
the Rules of Racing, other than as an owner
or, in the case of greyhound racing, an owner
or owner/handler; or
(c) disqualified under the Rules of Racing; or
(d) subject to a notice in force under section 54; or
(e) a Director or employee of TOTE Tasmania; or
(f) a member of another Council; or
18
2004 Racing Regulation No. s. 11
(g) an employee of a Council or registered club; or
(h) a member of the TRAB; or
(i) the holder of an appointment under
section 20(1).
(3) Each Council
(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.
(4) If a Council has a common seal
(a) it is to be kept and used as authorised by that
Council; 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 that Council.
(5) The employees of a Council are not subject to the
State Service Act 2000.
(6) Schedule 2 has effect in relation to the meetings
of Councils.
General functions and powers of Councils
11. (1) Each Council is, as regards its code of racing,
responsible for
19
s. 11 No. Racing Regulation 2004
(a) developing and administering guidelines for
the conduct of race meetings; and
(b) preparing budgets and amendments to
budgets for approval by TOTE Tasmania; and
(c) representing the State and the local industry
on national bodies and in national forums; and
(d) publishing industry journals; and
(e) such other functions as may be conferred or
imposed on it by or under this or any other
Act.
(2) The Tasmanian Thoroughbred Racing Council is
also responsible, as regards its code of racing, for
(a) race nominations, acceptances, handicapping
and race programming; and
(b) making (either by drawing up its own local
rules or by adopting Australian Rules of
Racing) the Rules of Racing; and
(c) approving registrations under the Rules of
Racing; and
(d) granting licences under the Rules of Racing.
(3) Harness Racing Tasmania and Greyhound
Racing Tasmania are also responsible, as regards their
codes of racing, for race programming.
(4) A Council has power to do such things as are
necessary or convenient for or in connection with the
performance of its functions.
(5) A Council must perform its functions and
exercise its powers in accordance with the Rules of Racing.
20
2004 Racing Regulation No. s. 12
Delegation by Councils
12. (1) Subject to subsection (2), a Council may delegate
any of its functions or powers, other than this power of
delegation.
(2) A delegation under subsection (1) by the
Tasmanian Thoroughbred Racing Council to the
Thoroughbred Racing Regulatory Panel may authorise
that regulatory panel to subdelegate the delegated
function or power, other than this power of subdelegation,
to a State Service officer or State Service employee
employed for the purposes of this Act.
Council returns, &c.
13. (1) A Council must give TOTE Tasmania
(a) a report on its activities for each financial
year; and
(b) such other reports on matters concerning its
code of racing as TOTE Tasmania, by notice,
requires.
(2) A Council 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 TOTE Tasmania, by the notice, allows.
(3) The Director may direct a Council to give the
Director such periodic and special returns, or such
information, as the Director considers necessary or
convenient for the purpose of exercising or performing the
Director's powers or functions under this or any other Act.
21
s. 14 No. Racing Regulation 2004
(4) The Director may direct a Council to have all or
any of its accounts or records audited by the Auditor-
General.
(5) A Council must comply with a direction under
subsection (3) or (4) within such time and in such manner
as is specified in the direction.
Division 2 Council membership
Membership of Tasmanian Thoroughbred Racing
Council
14. (1) The Tasmanian Thoroughbred Racing Council
consists of 8 persons of whom
(a) two are nominated by the Tasmanian Racing
Club; and
(b) two are nominated by the Tasmanian Turf
Club; and
(c) one is nominated by the Devonport Racing
Club; and
(d) one is nominated by Thoroughbred Breeders
Tasmania; and
(e) one is nominated by the Tasmanian Racehorse
Owners Association; and
(f) one (called "the elected member") is elected as
prescribed by persons licensed under the Rules
of Racing.
(2) The members referred to in paragraphs (a), (b),
(c), (d) and (e) of subsection (1) (called "the appointed
members") are appointed by the Minister.
22
2004 Racing Regulation No. s. 14
(3) The members are to appoint a member as
chairperson and another member as deputy chairperson.
(4) An appointed member 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.
(5) The elected member holds office for a 3-year
term and, if eligible, may be elected for further terms.
(6) If a body referred to in paragraph (a), (b), (c), (d)
or (e) of subsection (1) changes its name or ceases to exist,
the Minister may, by order, amend that paragraph by
substituting
(a) the name of the body as changed; or
(b) the name of a body which the Minister is
satisfied represents the interests that were
represented by the body that has ceased to
exist.
(7) If a nomination under subsection (1) is not made
when required to be made, the Minister may appoint an
appropriate person without such a nomination.
(8) If a member of the Council is absent from office,
the Minister may, on the nomination of the relevant body
referred to in subsection (1), appoint a person to act in the
office of that member during that absence.
(9) A body that nominates an appointed member
may nominate another member to be the appointed
member's proxy.
(10) The elected member may nominate another
member to be his or her proxy.
23
s. 15 No. Racing Regulation 2004
Membership of Harness Racing Tasmania
15. (1) Harness Racing Tasmania consists of 5 persons
elected as prescribed.
(2) A member of Harness Racing Tasmania is
elected for a 3-year term and, if eligible, may be elected for
further terms.
(3) The members are to appoint a member as
chairperson and another member as deputy chairperson.
(4) A member may nominate another member to be
his or her proxy.
Membership of Greyhound Racing Tasmania
16. (1) Greyhound Racing Tasmania consists of 5 persons
elected as prescribed.
(2) A member of Greyhound Racing Tasmania is
elected for a 3-year term and, if eligible, may be elected for
further terms.
(3) The members are to appoint a member as
chairperson and another member as deputy chairperson.
(4) A member may nominate another member to be
his or her proxy.
Council membership: further provisions
17. Schedule 1 has effect in relation to the membership of
Councils.
24
2004 Racing Regulation No. s. 18
PART 4 REGULATORY PANELS
Racing regulatory panels
18. (1) A regulatory panel is established for each code of
racing as follows:
(a) the Thoroughbred Racing Regulatory Panel;
(b) the Harness Racing Regulatory Panel;
(c) the Greyhound Racing Regulatory Panel.
(2) Each regulatory panel
(a) is a body corporate with perpetual succession;
and
(b) may sue and be sued in its corporate name;
and
(c) may have a common seal.
(3) If a regulatory panel has a common seal
(a) it is to be kept and used as authorised by that
regulatory panel; 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 that regulatory panel.
Membership of regulatory panels
19. (1) The members of the Thoroughbred Racing
Regulatory Panel are
(a) the Director (or the Director's nominee); and
25
s. 20 No. Racing Regulation 2004
(b) the independent lawyer; and
(c) the chairperson of the Tasmanian
Thoroughbred Racing Council (or that
chairperson's nominee).
(2) The members of the Harness Racing Regulatory
Panel are
(a) the Director (or the Director's nominee); and
(b) the independent lawyer; and
(c) the chairperson of Harness Racing Tasmania
(or that chairperson's nominee).
(3) The members of the Greyhound Racing
Regulatory Panel are
(a) the Director (or the Director's nominee); and
(b) the independent lawyer; and
(c) the chairperson of Greyhound Racing
Tasmania (or that chairperson's nominee).
(4) For the purposes of subsections (1)(c), (2)(c) and
(3)(c), the nominee must be a member of the relevant
chairperson's Council.
(5) The Director (or, if applicable, the Director's
nominee) is the chairperson of each regulatory panel.
(6) Schedule 3 has effect in relation to the
membership of the regulatory panels.
The independent lawyer
20. (1) The Minister is to appoint
26
2004 Racing Regulation No. s. 20
(a) one legal practitioner of at least 5 years'
standing to be the independent lawyer
member of the 3 regulatory panels; and
(b) another legal practitioner of equivalent
standing to be that member's deputy.
(2) The independent lawyer and the independent
lawyer's deputy are each to be appointed for a term not
exceeding 3 years and, if eligible, may be reappointed for
further terms.
(3) A person is not eligible to be appointed as the
independent lawyer or independent lawyer's deputy if he
or she is
(a) registered as a bookmaker or bookmaker's
agent; or
(b) the holder of registration or a licence under
the Rules of Racing; or
(c) a member of a Council or the TRAB; or
(d) a member of a club committee; or
(e) a Director or employee of TOTE Tasmania; or
(f) a State Service officer or State Service
employee.
(4) If for any reason the person appointed as the
independent lawyer is unable to perform his or her
functions on or in respect of a particular regulatory panel,
the person appointed as the independent lawyer's deputy
is entitled to perform those functions and when so doing is
taken to be the independent lawyer on that panel.
27
s. 21 No. Racing Regulation 2004
Functions and powers of regulatory panels
21. (1) The Thoroughbred Racing Regulatory Panel is, as
regards its code of racing, responsible for
(a) making recommendations to the Secretary of
the Department regarding the appointment of
stipendiary stewards; and
(b) approving registrations under the Rules of
Racing (if that function is delegated to it by
the Council); and
(c) granting licences under the Rules of Racing (if
that function is delegated to it by the Council);
and
(d) such other functions as may be conferred or
imposed on the regulatory panel by or under
this or any other Act.
(2) The Harness Racing Regulatory Panel and the
Greyhound Racing Regulatory Panel are, as regards their
respective codes of racing, responsible for
(a) making recommendations to the Secretary of
the Department regarding the appointment of
stipendiary stewards; and
(b) making (either by drawing up their own local
rules or adopting Australian Rules of Racing)
the Rules of Racing; and
(c) approving registrations under the Rules of
Racing; and
(d) granting licences under the Rules of Racing;
and
28
2004 Racing Regulation No. s. 22
(e) such other functions as may be conferred or
imposed on those regulatory panels by or
under this or any other Act.
(3) A regulatory panel has such powers as are
necessary or convenient for or in connection with the
performance of its functions.
(4) Schedule 3 has effect in relation to the meetings
of the regulatory panels.
Delegation by regulatory panels
22. (1) A regulatory panel may delegate any of its
functions or powers, other than this power of delegation.
(2) The Thoroughbred Racing Regulatory Panel may
subdelegate, to a State Service officer or State Service
employee employed for the purposes of this Act, any
function or power that may be delegated to that regulatory
panel by the Tasmanian Thoroughbred Racing Council, if
such a subdelegation is authorised by the Council's
instrument of delegation.
29
s. 23 No. Racing Regulation 2004
PART 5 TRAB
Tasmanian Racing Appeal Board (TRAB)
23. (1) The Tasmanian Racing Appeal Board constituted
under section 25(1) of the Racing Act 1983 continues.
(2) The TRAB consists of 8 members.
(3) At least 2 of the members are to be legal
practitioners of at least 5 years' standing and one such
member is to be appointed as chairperson and another
such member is to be appointed as deputy chairperson.
(4) The members, and the chairperson and deputy
chairperson, are appointed by the Governor.
(5) A member is to be appointed for a term not
exceeding 3 years and, if eligible, may be reappointed for
further terms.
(6) Schedule 1 has effect in relation to the
constitution and membership of the TRAB.
(7) A person is not eligible to be a member of the
TRAB if the person is
(a) registered as a bookmaker or a bookmaker's
agent; or
(b) the trainer or owner 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 of a Council; or
30
2004 Racing Regulation No. s. 24
(f) a member, or the deputy of a member, of a
regulatory panel.
Delegation by chairperson
24. The chairperson may delegate any of the chairperson's
functions or powers under this or any other Act, other
than this power of delegation, to the deputy chairperson.
Role of deputy chairperson
25. The deputy chairperson assists the chairperson and
acts as the chairperson during any vacancy in that office
and while the chairperson is absent and, while so acting,
may exercise and perform the powers and functions of the
chairperson as fully and effectively as the chairperson.
TRAB secretary
26. The Secretary of the Department may appoint a State
Service officer or State Service employee employed in the
Department to be secretary to the TRAB and that officer
or employee may hold that office in conjunction with State
Service employment.
Persons may appeal to TRAB against decisions of
Director
27. A person may appeal to the TRAB if the person is
aggrieved by a decision of the Director to
(a) refuse to register the person as a bookmaker
or bookmaker's agent; or
31
s. 28 No. Racing Regulation 2004
(b) cancel or suspend the person's registration as
a bookmaker or bookmaker's agent; or
(c) refuse to endorse the person's certificate of
registration as a bookmaker with a telephone
betting endorsement; or
(d) cancel or suspend the person's telephone
betting endorsement; or
(e) refuse to register a club of which the person is
a member; or
(f) cancel or suspend the registration of a club of
which the person is a member; or
(g) impose conditions, or particular conditions, on
the person's registration as a bookmaker or
bookmaker's agent; or
(h) impose conditions, or particular conditions, on
the person's telephone betting endorsement; or
(i) impose conditions, or particular conditions, on
the registration of a club of which the person
is a member; or
(j) issue the person with a warning-off notice
under section 54; or
(k) impose a fine on the person; or
(l) take a prescribed decision or action in relation
to the person.
Persons may appeal to TRAB about disputed bets
and other matters
28. (1) A person may also appeal to the TRAB if the
person is
32
2004 Racing Regulation No. s. 28
(a) in dispute with a bookmaker regarding the
placement, acceptance, payment, non-payment
or amount of a bet; or
(b) aggrieved by the decision of a registered club
to exclude the person, in his or her capacity as
a registered bookmaker or bookmaker's agent,
from a racecourse; or
(c) aggrieved by the decision of a Council or
registered club to issue the person with a
warning-off notice under section 54; or
(d) aggrieved by the decision of a Council,
registered club or 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 or leased by the person.
(2) An appeal does not lie under subsection (1)(d)(ii)
in respect of the disqualification of a horse or greyhound
if
(a) the disqualification was imposed by stewards
immediately after a race in which the horse or
greyhound was entered; and
(b) the stewards imposed the disqualification as a
result of a protest made about an incident that
occurred during the race.
(3) If a person has a right of appeal under this
section against a decision of a Council or a registered club,
no appeal against that decision lies to that Council or club.
(4) If a person has a right of appeal under this
section against a steward's decision, no appeal against
that decision lies to a Council or club.
33
s. 29 No. Racing Regulation 2004
(5) Subsections (3) and (4) have effect
notwithstanding anything to the contrary that may be
contained in
(a) the Rules of Racing; or
(b) the constitution, rules or articles of the
Council or any club.
How and when should persons appeal?
29. (1) An appeal is instituted by lodging a notice of
appeal with the secretary.
(2) The notice of appeal
(a) is to be in a form approved by the TRAB; and
(b) must specify
(i) the parties to the appeal, the relevant
decision and the grounds of appeal; or
(ii) if section 28(1)(a) applies, the parties in
dispute and the nature of the dispute.
(3) The notice of appeal must be lodged with the
secretary within
(a) 14 days after the taking of the relevant
decision; or
(b) if section 27(j) or section 28(1)(c) applies, 14
days after the day on which the person is
issued with the warning-off notice; or
(c) if section 28(1)(a) applies, 60 days after the
conclusion of the event to which the disputed
bet relates.
34
2004 Racing Regulation No. s. 30
Hearing of appeals
30. (1) On the lodgment of an appeal, the secretary is to
(a) request the chairperson to fix a time and place
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 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 who, in
granting such leave, may direct that the whole or any part
of the deposit be forfeited and paid to the Director.
(4) An application for leave to withdraw or abandon
an appeal is to be
(a) in a form approved by the TRAB; and
(b) lodged with the secretary.
(5) At the hearing of an appeal, the TRAB 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.
(6) On the hearing of an appeal, the TRAB
(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
35
s. 31 No. Racing Regulation 2004
(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 TRAB 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 who is required by the TRAB 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 TRAB determines.
(9) A party to an appeal may be represented by a
legal practitioner or any other person.
(10) The TRAB may appoint a legal practitioner or
other person to help it conduct an appeal.
Constitution of TRAB for appeals, &c.
31. (1) For the purposes of hearing an appeal, the TRAB
is properly constituted by
(a) one, 2 or 3 members for a minor appeal; and
(b) 3 or more members for any other appeal.
(2) The chairperson is to choose the members who
are to constitute the TRAB for an appeal, but
(a) for a minor appeal, the member chosen or, if
applicable, one of the members chosen must be
the chairperson or deputy chairperson; and
36
2004 Racing Regulation No. s. 31
(b) as often as practicable for any other appeal,
the chairperson or deputy chairperson is to be
chosen as such a member.
(3) The chairperson is to preside at all hearings of
the TRAB at which the chairperson is present.
(4) If the chairperson is not present at a hearing of
the TRAB, the deputy chairperson or, if the deputy
chairperson is also absent from the hearing, such other
member of the TRAB as the members present elect is to
preside at the hearing.
(5) The presiding member has a deliberative vote
and, in the event of an equality of votes, also has a casting
vote.
(6) If the members constituting the TRAB for any
hearing do not agree on a matter, the decision of the
majority is the decision of the TRAB.
(7) A member is not eligible to hear an appeal
concerning a code of racing if the member owns or leases a
horse or greyhound that races in that code of racing.
(8) In this section
"minor appeal" means an appeal only against the
imposition of either, or both, of the following:
(a) a fine not exceeding $500.00 or, if
another amount is prescribed, the
prescribed amount;
(b) a suspension for a period not exceeding
30 days.
37
s. 32 No. Racing Regulation 2004
Protection of TRAB members, &c.
32. (1) A member of the TRAB has, in that capacity, the
same protection and immunity as a judge of the Supreme
Court.
(2) A legal practitioner or other person who
represents a party to an appeal or is engaged to help the
TRAB conduct an appeal has, in that capacity, the same
protection and immunity as a barrister appearing for a
party in proceedings in the Supreme Court.
Suspension of penalties pending appeals
33. 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.
Determination of appeals
34. (1) After hearing an appeal, the TRAB
(a) may affirm, vary or quash the decision that
was the object of the appeal or, if
section 28(1)(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 TRAB
may order that
(a) the whole of the deposit be refunded to the
appellant; or
38
2004 Racing Regulation No. s. 34
(b) a specified portion of the deposit be refunded
to the appellant and the balance be forfeited;
or
(c) the whole of the deposit be forfeited.
(3) In making an order under subsection (1)(b), the
TRAB is to have regard to the nature of any order being
made under subsection (1)(a) and it may also consider
(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
(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 deposit not refunded to an
appellant is to be paid to the Director.
(5) If, after hearing an appeal against a decision, the
TRAB 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 TRAB may, if it considers it just to do so
and with the consent of the appellant, make any decision
that could have been made by the respondent in relation
to the other conduct.
39
s. 34 No. Racing Regulation 2004
(6) The TRAB is to give the parties to an appeal
notice of its determination in relation to the appeal.
(7) A determination of the TRAB 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 28(1)(a), is
ordered by the TRAB 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.
40
2004 Racing Regulation No. s. 35
PART 6 REGULATION OF RACING
Division 1 Restrictions on holding race meetings
What is a race meeting?
35. A race meeting is a meeting of people at which racing
occurs and one or more of the following applies:
(a) the meeting is open to the public, whether on
payment of an admission fee or on other
conditions or otherwise;
(b) the person holding the meeting causes or
allows images of any of the racing to be
transmitted, electronically or otherwise, for
display anywhere outside the venue used for
the meeting;
(c) the person holding the meeting causes or
allows commentary on any of the racing, or
related betting information, to be broadcast by
radio or other means;
(d) payment is made or demanded for a rider,
driver or animal to take part in any of the
racing.
Who may hold race meetings?
36. (1) Race meetings may be held by
(a) persons who are authorised to do so by a
permit under section 38; or
(b) registered clubs; or
(c) Councils that are authorised to do so under
section 44.
41
s. 37 No. Racing Regulation 2004
(2) Except as provided by subsection (1), a person
must not hold a race meeting.
Penalty: Fine not exceeding 50 penalty units.
Where may race meetings, &c., be held?
37. (1) Race meetings and betting-only meetings may only
be held on registered racecourses.
(2) A person who holds a race meeting or betting-
only meeting on a racecourse other than a registered
racecourse is guilty of an offence.
Penalty: Fine not exceeding 50 penalty units.
(3) In this section
"registered racecourse" means a racecourse
specified in
(a) a permit issued, and in force, under
section 38; or
(b) a certificate of registration issued, and
in force, under section 41; or
(c) an authorisation issued, and in force,
under section 44.
Race meeting permits
38. (1) A person may apply to the Director for a permit to
hold a race meeting for or on behalf of an association or
other body of persons (other than a registered club).
(2) The application
(a) is to be in an approved form; and
42
2004 Racing Regulation No. s. 38
(b) must be accompanied by the prescribed fee, if
any; and
(c) must be supported by such information or
evidence as the Director requires.
(3) Subject to subsection (4), the Director may
(a) approve the application; or
(b) refuse the application.
(4) The Director must refuse the application if the
association or other body of persons for or on whose behalf
the race meeting is proposed to be held is a proprietary
body.
(5) In deciding in any other case whether to approve
the application, the Director may consider such matters as
he or she thinks fit, including
(a) whether the venue for the proposed race
meeting is suitable for use as a racecourse;
and
(b) whether adequate first-aid and veterinary
facilities will be available at the proposed race
meeting; and
(c) whether any necessary local government
approvals have been obtained.
(6) If the application is refused
(a) the Director is to give the applicant notice of
the refusal, with reasons, and may refund all
or any part of the application fee; but
(b) the Director's decision is not appealable to the
TRAB.
(7) If the application is approved, the Director is to
43
s. 38 No. Racing Regulation 2004
(a) give the applicant notice of the approval; and
(b) issue the applicant with the required permit.
(8) The permit may be issued unconditionally or on
such conditions as the Director determines.
(9) Without limiting the Director's discretion, the
permit may be issued on one or more of the following
conditions:
(a) that no betting take place at or in respect of
the proposed race meeting;
(b) that no images of any race of the proposed race
meeting be transmitted, electronically or
otherwise, for display anywhere outside the
venue used for the race meeting;
(c) that no commentary of any race of the race
meeting be broadcast by radio or other means.
(10) The permit is to be in an approved form but it
must
(a) specify the conditions, if any, of the permit;
and
(b) specify which racecourse is to be used for the
proposed race meeting.
(11) The permit is invalidated if any racecourse
other than the one specified in the permit is used for the
proposed race meeting.
(12) The permit may, by notice to the Director, be
surrendered at any time but it has no surrender value.
(13) The permit is not renewable or transferable and
if any attempt is made to transfer the benefit of the permit
it is taken to have been cancelled on the date of the
attempted transfer.
44
2004 Racing Regulation No. s. 39
(14) A person issued with a permit under this
section must not
(a) contravene a condition of the permit; or
(b) cause or allow another person to contravene a
condition of the permit.
Penalty: Fine not exceeding 20 penalty units.
(15) A person must not knowingly contravene a
condition of a permit issued to another person under this
section.
Penalty: Fine not exceeding 20 penalty units.
Division 2 Clubs and racing by clubs
Provisions about clubs
39. (1) If a provision of this Act confers a power or
imposes an obligation on a registered club then, unless the
contrary intention appears
(a) the capacity to exercise the power or the
responsibility to comply with the obligation is
taken to be conferred or imposed on the club
committee; and
(b) the persons who constitute the club committee
at the relevant time are jointly and severally
liable for exercising the power or complying
with the obligation.
(2) If a club's failure to comply with an obligation
constitutes an offence against this Act, each person who is
a member of the club committee at the relevant time is
taken to have committed, and may be convicted of, the
offence unless the person shows that
45
s. 40 No. Racing Regulation 2004
(a) the failure of compliance occurred without the
person's knowledge and the person could not
reasonably have acquired the knowledge; or
(b) the person was not in a position to influence
the conduct of the club in relation to the
obligation; or
(c) although being in such a position of influence,
the person used due diligence to try to prevent
the failure of compliance.
(3) A person who is a member of a club committee
may be charged with, and convicted of, an offence
pursuant to this section whether or not any other
members of the committee are charged with the offence
either jointly or individually, or convicted of the offence.
Registration and renewal of registration
40. (1) The Director may register a club if satisfied that
(a) it is incorporated; and
(b) it is not a proprietary club; and
(c) it comprises not less than the prescribed
number of members; and
(d) it has, or is likely to have, an aggregate
annual membership subscription of not less
than the prescribed amount; and
(e) it is, or within 12 months of lodging its
application for registration is likely to be, the
owner or lessee of a racecourse complying with
the prescribed conditions, if any.
46
2004 Racing Regulation No. s. 41
(2) The Director may renew the registration of a
club if satisfied that it is still compliant with
subsection (1).
Applications for registration or renewal of
registration
41. (1) An application to register or renew the
registration of a club
(a) is to be in an approved form; and
(b) must be accompanied by the prescribed fee, if
any; and
(c) must be supported by such information or
evidence as the Director requires.
(2) A club may apply to renew its registration even if
the registration is suspended, and the Director may
consider the application.
(3) The Director may, when considering the
application, call for submissions from and consult with
such persons and organisations as the Director thinks fit.
(4) After considering the application, the Director
may
(a) approve the application; or
(b) refuse the application.
(5) If the application is refused, the Director
(a) is to give the applicant notice of the refusal,
with reasons, and the applicant's right of
appeal; and
47
s. 42 No. Racing Regulation 2004
(b) may refund all or any part of the application
fee.
(6) If the application is approved, the Director is to
(a) give the applicant notice of the approval; and
(b) register the club and issue it with a certificate
of registration or, in the case of a renewal, a
new certificate of registration.
(7) The certificate of registration is to be in an
approved form but it must specify which racecourse the
club is to use for the purposes of holding its race meetings.
Features of club registration
42. (1) A club may be registered or reregistered
unconditionally or on such conditions as the Director
determines and specifies in its certificate of registration.
(2) Without limiting the Director's discretion, a club
may be registered on conditions to do with
(a) the standard, safety and suitability of the
racing venue used by the club; and
(b) the keeping, custody and inspection of
membership and racing records; and
(c) the giving of information and returns to the
Director.
(3) Except as provided by this Division, a club's
registration comes into force on the day on which it is
issued with its certificate of registration and expires on
the following 31 July.
(4) A club's registration is not transferable.
48
2004 Racing Regulation No. s. 43
(5) A club may, by notice to the Director
accompanied by its certificate of registration, surrender its
registration at any time but such registration has no
surrender value.
Suspension and cancellation, &c., of registration
43. (1) The Director may suspend a club's registration for
such period as the Director thinks fit or, following an
inquiry, cancel its registration if satisfied that the club
has
(a) contravened this Act; or
(b) ceased to be compliant with section 40(1); or
(c) contravened a condition of its registration; or
(d) contravened a direction that the Director has
given the club under this Act; or
(e) held a race meeting on a racecourse not
specified in its certificate of registration; or
(f) become insolvent; or
(g) contravened section 6 of the TOTE Tasmania
(Racing Regulation) Act 2004.
(2) If the Director decides to suspend a club's
registration but its registration is already suspended, the
Director may impose such further period of suspension as
the Director thinks fit.
(3) As soon as practicable after taking a decision
under subsection (1), the Director is to give the club notice
of
(a) the decision; and
49
s. 44 No. Racing Regulation 2004
(b) the reasons for taking the decision; and
(c) the club's right of appeal.
(4) The decision takes effect when the club is given
the notice.
(5) A club that has its registration suspended under
this section is, except for the purposes of applying for a
renewal of the registration, taken not to be registered
during the period of suspension.
(6) The suspension or cancellation of a club's
registration under this section does not affect any penalty
that might be imposed on the club or a member of the club
committee under this Act.
(7) If a club's registration is cancelled, it must
return its certificate of registration to the Director within
14 days of being given notice of the cancellation.
Penalty: Fine not exceeding 5 penalty units.
Substitute race meetings on suspension, &c., of
registration
44. (1) If a club's registration is suspended, cancelled or
surrendered, the Director may authorise the relevant
Council to hold a race meeting or betting-only meeting in
substitution for any such meeting that the club could have
otherwise held, whether allotted or not.
(2) Any such authorisation
(a) is to be in an approved form (but must specify
which racecourse is to be used for the
substitute race meeting or betting-only
meeting); and
50
2004 Racing Regulation No. s. 45
(b) has effect for such period as the Director
determines and specifies in the authorisation;
and
(c) may be rescinded before the expiration of that
period if the Director, having regard to any
changed circumstances, thinks it appropriate
to do so.
(3) For the purposes of this Act
(a) a Council is, in relation to a race meeting or
betting-only meeting that it holds in the place
of a registered club pursuant to an
authorisation under subsection (1), taken to be
the club committee of the club; and
(b) the records of a Council relating to such a
meeting are taken to be the accounting records
of the club.
(4) An authorisation under subsection (1) does not
confer on a Council any right to the use or occupation of a
racecourse to which it would not otherwise be entitled.
Club returns, &c.
45. (1) The Director may direct a registered club to give
the Director such periodic and special returns, and such
membership lists and other information, as the Director
considers necessary or convenient for the purpose of
exercising or performing the Director's powers or functions
under this or any other Act.
(2) A registered club must comply with a direction
under subsection (1) within such time and in such manner
as is specified in the direction.
Penalty: Fine not exceeding 25 penalty units.
51
s. 46 No. Racing Regulation 2004
Accounting records, audit, &c.
46. (1) A registered club must keep accounting records
that correctly record and explain its transactions and
financial position and must do so in a manner that
(a) allows true and fair accounts of the club to be
prepared; and
(b) allows its accounts to be conveniently and
properly audited or reviewed; and
(c) complies with Australian Accounting
Standards and any directions given to it by the
Director.
(2) The registered club must allow the accounting
records to be inspected at any reasonable time, free of
charge, by
(a) the Director or any person who is authorised
for the purpose by the Director; or
(b) any member of the club.
(3) A person who is entitled to inspect the registered
club's accounting records may make copies of, or take
extracts from, all or any of those records free of charge.
(4) Within 60 days after the end of each of its
financial years, a registered club must
(a) prepare, for that financial year, financial
statements that include any information
required by the Director; and
(b) give the Director copies of those financial
statements; and
(c) have those financial statements, and its
accounting records for the same financial year,
audited as required by the Director.
52
2004 Racing Regulation No. s. 47
(5) The Director may direct a club to have all or any
of its accounts or records audited by the Auditor-General.
Winding-up of clubs
47. (1) The Director may wind up a registered club if
satisfied that the club has
(a) disbanded; or
(b) ceased to hold race meetings; or
(c) failed in any 12-month period to hold a race
meeting.
(2) If the Director decides to wind up a registered
club, he or she must
(a) cause a notice (called a "winding-up notice") to
be published in the Gazette declaring that the
club is to be wound up; and
(b) give the club notice of the decision as soon as
practicable.
(3) A person must not, without obtaining the prior
written permission of the Director
(a) dispose of, or otherwise deal with, any of the
assets of a registered club that is being wound
up; or
(b) incur any liability on behalf of a registered
club that is being wound up.
Penalty: Fine not exceeding 50 penalty units.
(4) Once a winding-up notice has been published in
relation to a registered club
53
s. 47 No. Racing Regulation 2004
(a) the Director may take possession of the club's
assets and apply all or any part of those assets
towards the discharge of any liabilities that
the club had when the notice was published or
arising in respect of any such assets; and
(b) if a residue of those assets remains after
discharging those liabilities, the Director is,
after recouping the Director's costs in relation
to the winding-up, to pay or transfer that
residue to TOTE Tasmania to be held or
applied for the benefit of the racing industry.
(5) If the assets of a registered club being wound up
consist partly of an interest in land and it appears to the
Director that the club's other assets will be sufficient to
discharge its liabilities, the Director may transfer that
interest in land to TOTE Tasmania free of consideration to
be held or applied by TOTE Tasmania for the benefit of
the racing industry.
(6) Notwithstanding subsection (5), an interest in
land that is transferred to TOTE Tasmania under that
subsection is to be transferred subject to any subsisting
mortgage, trust, charge or other encumbrance.
(7) In the exercise of a power under this Part in
relation to a registered club that is being wound up, the
Director may
(a) exercise, in relation to any property forming
part of the assets of the club, the powers that
may be exercised by the persons in whom the
property is vested or by any person who, but
for this section, would have had power to
dispose of or otherwise deal with the property;
and
(b) recover any sums due to the club or to any
person on behalf of, or for the purposes of, the
54
2004 Racing Regulation No. s. 47
club, and take any legal proceedings necessary
for that purpose; and
(c) sell or otherwise realise any property forming
part of the assets of the club, or transfer any
such property to the Director or any other
person; and
(d) do such other things as may be necessary or
convenient for or in connection with the
exercise of the powers conferred on the
Director under this section.
(8) The Director may direct a registered club that is
being wound up to do either or both of the following within
such reasonable time as the Director may allow:
(a) surrender, or cause to be surrendered, to the
Director all the documents in the possession
of, or available to, the club or any of its
members or officers, that relate to the affairs
of the club;
(b) cause the club's financial statements to be
prepared in compliance with Australian
Accounting Standards, audited and forwarded
to the Director.
(9) If a registered club fails to comply with a
direction under subsection (8), each person whose name
appears on the list of members last given to the Director
under section 45, is guilty of an offence and severally
liable to a fine not exceeding 25 penalty units unless the
person shows that
(a) the failure of compliance occurred without the
person's knowledge and the person could not
reasonably have acquired that knowledge; or
55
s. 47 No. Racing Regulation 2004
(b) the person was not in a position to influence
the conduct of the club in relation to the
direction; or
(c) although being in such a position of influence,
the person used due diligence to try to prevent
the failure of compliance.
(10) Notwithstanding anything in this section, the
Director may
(a) retain any document or article that comes into
the Director's possession under this section
that he or she considers to be of historical
interest; and
(b) deal with any such document or article in such
manner as appears to the Director most
appropriate for its preservation.
(11) In this section
(a) a reference to a registered club that is being
wound up is taken to be a reference to a
registered club in respect of which a winding-
up notice has been published; and
(b) a reference to the assets of a registered club is
taken to include a reference to any assets held
on behalf, or for the purposes, of the registered
club; and
(c) a reference to the liabilities of a registered
club is taken to include a reference to any
liabilities that may be discharged out of its
assets.
(12) A winding-up notice is not a statutory rule.
(13) This section applies only to registered clubs
that are incorporated under the Associations Incorporation
56
2004 Racing Regulation No. s. 48
Act 1964, not to those that are incorporated under the
Corporations Act.
Merger of clubs
48. (1) A registered club may, with the prior written
permission of the Director, merge with
(a) any other registered club; or
(b) a new club being formed, whether by the
merger of 2 or more registered clubs or
otherwise.
(2) The Director must, as soon as practicable after
approving a club merger, cause a notice (called a "merger
notice") to be published in the Gazette
(a) setting out particulars of the merger; and
(b) specifying the date on which the merger will
take effect.
(3) If the Director approves the merger of a club
with any other club, all of the assets and liabilities of the
former club are, on the date specified under
subsection (2)(b), vested in and transferred to the latter
club without further assurance.
(4) A merger notice is not a statutory rule.
(5) In this section
"assets", of a club, include any assets held on
behalf, or for the purposes, of the club;
"liabilities", of a club, include any liabilities that
may be discharged out of its assets.
57
s. 49 No. Racing Regulation 2004
Prohibition of proprietary racing
49. (1) The takings, receipts, profits or gains of a
registered club, however derived, are not divisible, directly
or indirectly, among the individual members of the club, or
any of them.
(2) The takings, receipts, profits or gains of a
registered club are to be applied only for
(a) the benefit of racing in this State; or
(b) with the approval of the Director, a charitable,
philanthropic or special purpose.
(3) The purpose referred to in subsection (2)(a) is
taken to include
(a) purchasing, maintaining or improving
racecourses or racecourse facilities; and
(b) improving freehold property, the revenue from
which is applied solely for the promotion of
racing in this State; and
(c) improving the breed of horses or greyhounds
in this State.
(4) Nothing in this section prevents a registered club
from
(a) paying the principal and reasonable interest
on a loan made to it by one of its members; or
(b) paying a reasonable rent for a racecourse
leased by it from one of its members; or
(c) awarding advertised prizes or prize money for
races held by it; or
58
2004 Racing Regulation No. s. 50
(d) incurring reasonable expenditure for the
purpose of providing entertainment for its
members in common with other persons; or
(e) defraying the reasonable expenses of members
who perform tasks for it.
(5) Nothing in this section prevents a member of a
registered club from receiving any payment or benefit that
a club is authorised to make or award to that member
under subsection (4).
(6) In this section
"registered club" includes an association or other
body of persons for or on whose behalf a
person is issued with a permit under
section 38.
Division 3 Officers and stewards
Appointment, &c., of Council and club officers
50. (1) Despite any law or Rules of Racing to the contrary,
the appointment or dismissal of a prescribed officer of a
Council or registered club is subject to the approval of the
Director.
(2) Where application is made to the Director to
approve the appointment or dismissal of a person as a
prescribed officer of a Council or registered club, the
Director, in his or her absolute discretion, may approve or
refuse to approve the appointment or dismissal.
(3) If the Director reasonably considers that a
person is not a fit and proper person to remain as a
prescribed officer of a Council or registered club, the
Director may direct the Council or club to dismiss the
person.
59
s. 51 No. Racing Regulation 2004
(4) A Council or registered club must comply with a
direction under subsection (3) within such time as is
specified in the direction.
(5) No action lies against the Director or a Council
or registered club for or in respect of any damage or loss
sustained or alleged to have been sustained by a person by
reason of
(a) the refusal of the Director to approve the
appointment of that person as a prescribed
officer of that Council or registered club; or
(b) the person's dismissal as a prescribed officer of
that Council or registered club in accordance
with this section.
(6) A Council or registered club may pay its officers
such remuneration, invest them with such powers and
assign them such functions as the Council or club
considers appropriate.
(7) A person holding an appointment as an officer of
a Council or registered club is not subject to the State
Service Act 2000.
(8) This section does not apply to the appointment of
stipendiary stewards or their dismissal.
Appointment of stewards and other racing officials
51. (1) The Secretary of the Department may, in
accordance with this section, appoint
(a) stipendiary stewards to enforce the Rules of
Racing of one or more codes of racing; and
(b) betting supervisors to assist the Director in
supervising betting; and
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2004 Racing Regulation No. s. 51
(c) branding officers to conduct the branding of
animals for one or more codes of racing; and
(d) handicappers to determine field selections and
handicaps in harness races; and
(e) graders to determine field selections and
grading in greyhound races.
(2) A person is not capable of being appointed as a
stipendiary steward for thoroughbred racing unless the
Thoroughbred Racing Regulatory Panel has recommended
the appointment.
(3) In appointing stipendiary stewards for harness
racing or greyhound racing, the Secretary of the
Department is to have regard to the recommendations of
the regulatory panel for that code of racing.
(4) An appointment under subsection (1) is to be on
such conditions as the Secretary of the Department
determines and specifies in the instrument of
appointment.
(5) A person holding an appointment under
subsection (1) is not subject to the State Service Act 2000
but a State Service officer or State Service employee may
hold such an appointment in conjunction with State
Service employment.
(6) A person holding an appointment under
subsection (1) may only be dismissed or suspended from
office by the Secretary of the Department.
(7) Despite any law or Rules of Racing to the
contrary, a Council or registered club is not capable of
(a) appointing or dismissing a person as a
stipendiary steward or other racing official; or
61
s. 52 No. Racing Regulation 2004
(b) authorising or requiring a person to perform,
or not perform, the functions of a stipendiary
steward or other racing official; or
(c) performing the functions of a stipendiary
steward or other racing official in its own
right.
(8) Any purported appointment, dismissal or
authorisation contrary to subsection (7)(a) or (b) is void.
(9) Any purported performance of functions contrary
to subsection (7)(c) is void.
(10) A registered club must provide stipendiary
stewards with such reasonable accommodation and
facilities as will enable them to perform their functions in
a secure and effective manner.
Stewards may regulate betting in certain cases
52. If a horse or greyhound is withdrawn from a race after
having been officially drawn in the field for the race, the
stewards in charge of the race may decide the manner in
which betting by and with bookmakers on the race is to
proceed in consequence of the withdrawal.
Division 4 Miscellaneous
Effect of disqualification
53. (1) A person who is disqualified under the Rules of
Racing for one code of racing is, during the period of the
disqualification, disqualified for all codes of racing.
(2) In subsection (1)
62
2004 Racing Regulation No. s. 54
"disqualified" means disqualified with or without
limitation as to time by a decision of a Council,
club or stewards.
Warning-off notices
54. (1) The Director may, if satisfied that there are
grounds to do so, issue a person with a notice directing the
person not to enter a specified racecourse, or racecourses
generally, on a specified day or during a specified period.
(2) A Council or registered club may, if satisfied that
there are grounds to do so, issue a person with a notice
directing the person
(a) not to enter, on a specified day or during a
specified period, a specified racecourse under
the control of the Council or club; or
(b) to leave a racecourse under the control of the
Council or club where a race meeting or
betting-only meeting is being or is about to be
held.
(3) A notice issued under subsection (1) or (2) is
called a warning-off notice.
(4) Without limiting their discretion under
subsection (1) or (2), the Director or a Council or registered
club has grounds for issuing a person with a warning-off
notice if the Director, Council or club knows or reasonably
suspects that the person
(a) is engaging in bookmaking without being
registered as a bookmaker or bookmaker's
agent; or
(b) habitually engages in unauthorised betting.
63
s. 54 No. Racing Regulation 2004
(5) A warning-off notice that directs a person to
leave a racecourse must be served personally.
(6) Within 5 days after issuing a person with a
warning-off notice, a Council or registered club is to
forward a copy of the notice to the Director.
(7) As soon as practicable after issuing a warning-off
notice, the Director is to forward a copy of it to
(a) each club holding race meetings at the
specified racecourse on or during the specified
day or period; or
(b) if the notice applies to racecourses generally,
every club.
(8) A person who is issued with a warning-off notice
must comply with the notice and, if the notice directs the
person to leave a racecourse, the compliance must be
immediate.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 30 penalty units or
imprisonment for a term not exceeding
one month.
(9) A person who is issued with a warning-off notice
directing the person to leave a racecourse must not, after
leaving or being removed from the racecourse pursuant to
the notice, enter or attempt to re-enter the racecourse on
the same day.
Penalty: In the case of
64
2004 Racing Regulation No. s. 54
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 30 penalty units or
imprisonment for a term not exceeding
one month.
(10) If a person contravenes subsection (8) or (9)
(a) a police officer or an employee or agent of the
club that issued the notice, using such
reasonable force as may be necessary, may,
depending on the offence, evict the person
from the racecourse or prevent the person
from re-entering the racecourse; and
(b) a police officer may arrest the person without
warrant.
(11) The issuer of a warning-off notice may, by a
further notice, rescind the notice at any time if satisfied
that there is no reason for it to remain in force.
(12) In their application to a Council or registered
club, the provisions of this section
(a) extend to every racecourse that the Council or
club has control of at the relevant time,
whether or not the racecourse is owned by the
Council or club or is at any other time subject
to a right of public use or entry; and
(b) are in addition to and not in derogation of any
other powers that the Council or club may
have.
(13) Nothing in this section limits the right of a
Council or registered club to exclude a person from a
racecourse under its control by means other than a
warning-off notice.
65
s. 54 No. Racing Regulation 2004
(14) In this section
"specified", for a warning-off notice, means
specified in the notice.
66
2004 Racing Regulation No. s. 55
PART 7 REGULATION OF BOOKMAKING
Division 1 Restrictions on engaging in bookmaking
What is bookmaking?
55. A person engages in bookmaking if he or she accepts
bets, and engages in activities connected with the
acceptance of bets, on
(a) contingencies relating to horse or greyhound
races; or
(b) contingencies relating to approved sports
events.
Bookmakers must be registered
56. (1) A person must not engage in bookmaking on his or
her own behalf unless the person is registered as a
bookmaker.
Penalty: In the case of
(a) a first offence, a fine not exceeding 100
penalty units or imprisonment for a
term not exceeding 3 months, or both;
and
(b) a second offence, a fine not exceeding
200 penalty units or imprisonment for
a term not exceeding 6 months, or
both; and
(c) a subsequent offence, a fine not
exceeding 400 penalty units or
imprisonment for a term not exceeding
12 months, or both.
67
s. 57 No. Racing Regulation 2004
(2) A person who is not registered as a bookmaker
must not, by any means, induce another person to believe
that the first-mentioned person is
(a) registered as a bookmaker; or
(b) in any way authorised to engage in
bookmaking on his or her own behalf in
Tasmania.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
Bookmakers' agents must be registered
57. (1) A person must not engage in bookmaking for or on
behalf of another person unless
(a) the person engaging in the bookmaking is
registered as a bookmaker's agent; and
(b) the other person is
(i) registered as a bookmaker; and
(ii) named as the principal in the certificate
of registration issued under section 58 to
the person engaging in the bookmaking.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
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2004 Racing Regulation No. s. 58
(2) A registered bookmaker must not cause or allow
another person to engage in bookmaking on the
bookmaker's behalf unless
(a) the person is registered as a bookmaker's
agent; and
(b) the bookmaker is named as the person's
principal in the certificate of registration
issued to the person under section 58.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(3) This section does not apply to a person who, by
virtue of his or her employment and under direction,
merely assists a bookmaker or bookmaker's agent to
engage in bookmaking but does not independently accept
bets.
Division 2 Registration
Applications for registration
58. (1) An application to be registered as a bookmaker or
bookmaker's agent
(a) is to be in an approved form; and
(b) must be accompanied by the prescribed fee, if
any; and
(c) is to be lodged with the Director; and
69
s. 58 No. Racing Regulation 2004
(d) must be supported by such information or
evidence as the Director requires; and
(e) must, in the case of an application for
registration as a bookmaker's agent
(i) nominate one registered bookmaker as
the applicant's principal; and
(ii) be endorsed by that registered
bookmaker.
(2) The Director may
(a) approve the application; or
(b) refuse the application.
(3) In deciding whether to approve the application
the Director may consider such matters as he or she
thinks fit, including
(a) whether the applicant is a fit and proper
person to be so registered; and
(b) whether, in the case of an application for
registration as a bookmaker, the applicant has
sufficient assets to carry on business as a
bookmaker.
(4) If the application is refused, the Director
(a) is to give the applicant notice of the refusal,
with reasons, and the applicant's right of
appeal; and
(b) may refund all or any part of the application
fee.
(5) If the application is approved, the Director is to
(a) give the applicant notice of the approval; and
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2004 Racing Regulation No. s. 59
(b) subject to section 59, register the applicant
and issue the applicant with a certificate of
registration.
(6) The certificate of registration is to be in an
approved form but, in the case of registration as a
bookmaker's agent, it must specify the name of the agent's
principal.
Security for bookmaker registration
59. (1) Notwithstanding section 58, an applicant is not
entitled to be registered as a bookmaker unless he or she
has given the Director a bond of indemnity, or such other
form of security as the Director may approve, to secure
proper observance by the applicant of the provisions of this
Act.
(2) The bond of indemnity or other form of security
is to be to the value of $6 000 or, if another value is
prescribed, to the prescribed value.
(3) Without limiting the Director's discretion, the
security to be given under this section may comprise any,
or any combination, of the following:
(a) cash;
(b) money on fixed deposit with an authorised
deposit-taking institution carrying on business
in this State;
(c) a bond or guarantee, in an approved form, of a
corporation or authorised deposit-taking
institution approved by the Director;
(d) a State or Commonwealth government
security;
(e) a prescribed security.
71
s. 60 No. Racing Regulation 2004
Features of registration
60. (1) A bookmaker or bookmaker's agent may be
registered unconditionally or on such conditions as the
Director determines and specifies in the certificate of
registration issued to the bookmaker or bookmaker's
agent.
(2) Registration as a bookmaker or bookmaker's
agent comes into force on the day on which the bookmaker
or bookmaker's agent is issued with his or her certificate
of registration and expires on the following 30 June,
unless it is expressed to continue in force only until an
earlier date, in which case it expires on that earlier date.
(3) Except as provided by section 62, registration as
a bookmaker or bookmaker's agent is not transferable.
(4) A bookmaker or bookmaker's agent may, by
notice to the Director accompanied by his or her certificate
of registration, surrender his or her registration at any
time but such registration has no surrender value.
What does registration authorise?
61. (1) Registration as a bookmaker, while in force,
authorises the person so registered to engage in
bookmaking on a racecourse on his or her own behalf
subject to
(a) the provisions of this Part; and
(b) the conditions, if any, that the Director
specifies in the certificate of registration
issued to the person under section 60(1); and
(c) the directions, if any, that the Director gives to
the bookmaker; and
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2004 Racing Regulation No. s. 61
(d) the regulations made and in force under this
Act.
(2) Registration as a bookmaker's agent, while in
force, authorises the person so registered to engage in
bookmaking on a racecourse for or on behalf of his or her
principal subject to
(a) the provisions of this Part; and
(b) the conditions, if any, that the Director
specifies in the certificate of registration
issued to the person under section 60(1); and
(c) the directions, if any, that the Director gives to
the bookmaker's agent or to his or her
principal; and
(d) the regulations made and in force under this
Act.
(3) A bookmaker's agent may, with the written
approval of the Director, change his or her principal but he
or she is not entitled to have more than one principal at
any one time.
(4) For the purposes of this section, a bookmaker or
bookmaker's agent engages in bookmaking on a racecourse
if
(a) while a lawful race meeting is being held on
the racecourse, the bookmaker or bookmaker's
agent accepts a bet on
(i) a contingency relating to any racing
being held on the racecourse or
elsewhere; or
(ii) a contingency relating to an approved
sports event; or
73
s. 61 No. Racing Regulation 2004
(b) while a lawful betting-only meeting is being
held on the racecourse, the bookmaker or
bookmaker's agent accepts a bet on
(i) a contingency relating to any racing
being held elsewhere; or
(ii) a contingency relating to an approved
sports event; or
(c) following the abandonment of a lawful race
meeting begun on the racecourse, the
bookmaker or bookmaker's agent continues to
accept bets on
(i) a contingency relating to any racing
being held elsewhere; or
(ii) a contingency relating to an approved
sports event.
(5) For the purposes of subsection (4)(c), a race
meeting is taken to have begun if it is not abandoned
before 6 a.m. on the advertised day of the meeting.
(6) Nothing in this section
(a) authorises a registered bookmaker or
bookmaker's agent to engage in bookmaking
on a racecourse without the permission of its
controlling club; or
(b) authorises the Director to direct a registered
bookmaker or bookmaker's agent to engage in
bookmaking on a racecourse without the
permission of its controlling club; or
(c) affects the right of a registered club to exclude
a registered bookmaker or bookmaker's agent
from a racecourse under its control.
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2004 Racing Regulation No. s. 62
Substitute certificates of registration
62. (1) If the Director is satisfied that a registered
bookmaker is temporarily incapable of carrying on
business because of illness or some other unavoidable or
reasonable cause, the Director may, in his or her absolute
discretion, issue a substitute certificate of registration to a
nominee of that bookmaker.
(2) The nominee must be a registered bookmaker's
agent.
(3) A substitute certificate of registration authorises
the person to whom it is issued to carry on the
bookmaking business of the incapacitated bookmaker, on
that bookmaker's behalf, during the period specified in the
certificate.
(4) A person to whom a substitute certificate is
issued is subject to the same liability in all respects as if
he or she were registered as a bookmaker.
(5) A bookmaker is responsible for all the acts of a
person who acts, or purports to act, on his or her behalf as
the holder of a substitute certificate of registration.
Cancellation, &c., of registration for certain
convictions
63. (1) The registration of a bookmaker or bookmaker's
agent is taken to have been cancelled forthwith if the
bookmaker or bookmaker's agent is convicted of an offence
against
(a) Subdivision 1 of Division 3 or section 92, 93 or
94 of this Act; or
(b) section 5A of the Gaming Control Act 1993.
75
s. 64 No. Racing Regulation 2004
(2) If a registered bookmaker or bookmaker's agent
is charged with an offence referred to in subsection (1) and
the court records a conviction on the charge, the Director
may, whether or not any appeal or other proceedings may
be taken in relation to the matter, suspend the
bookmaker's or agent's registration until the conclusion of
the proceedings on the charge.
Suspension or cancellation, &c., of registration for
misconduct
64. (1) The Director may suspend the registration of a
bookmaker or bookmaker's agent for such period as the
Director thinks fit or, following an inquiry, cancel the
registration or impose on the bookmaker or bookmaker's
agent a fine not exceeding 20 penalty units, if satisfied
that the bookmaker or bookmaker's agent has
(a) contravened this Act; or
(b) contravened another Act, being a
contravention of a kind that calls into question
the professional probity of the bookmaker or
bookmaker's agent; or
(c) engaged in bookmaking at a time or place or in
a way not authorised under this Act; or
(d) contravened a condition of his or her
certificate of registration; or
(e) contravened a condition of a telephone betting
endorsement; or
(f) contravened any Rules of Racing; or
(g) defaulted in payment of any bet; or
(h) been guilty of misconduct or incompetence
when engaging in bookmaking; or
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2004 Racing Regulation No. s. 64
(i) ignored or contravened a direction that the
Director has given to that particular
bookmaker or bookmaker's agent; or
(j) ignored or contravened a direction that the
Director has given to bookmakers or
bookmakers' agents generally.
(2) If subsection (1)(e) applies, the Director may,
instead of taking action under that subsection, do either or
both of the following:
(a) cancel the telephone betting endorsement or
suspend it for such period as the Director
thinks fit;
(b) impose on the bookmaker or bookmaker's
agent a fine not exceeding 20 penalty units.
(3) Notwithstanding subsections (1) and (2), the
Director's power to impose a fine under those subsections
is not capable of being exercised in respect of an offence
that a person has been charged with unless the charge has
been withdrawn.
(4) If, under this section, the Director decides to
suspend or cancel a person's registration, suspend or
cancel a person's telephone betting endorsement or impose
a fine, the Director must give the person notice of
(a) the decision; and
(b) the reasons for taking the decision; and
(c) the person's right of appeal.
(5) The Director's decision takes effect when the
person is given the notice.
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s. 65 No. Racing Regulation 2004
(6) Any fine imposed on a person under this section
may be recovered from that person as a debt due to the
Crown.
Effect of suspension of registration
65. A bookmaker or bookmaker's agent whose registration
has been suspended is taken, during the period of the
suspension, not to be registered for any purpose.
Return of cancelled certificates
66. A bookmaker or bookmaker's agent whose registration
has been cancelled under this Part must return his or her
certificate of registration to the Director within 14 days
after being given notice of the cancellation.
Penalty: Fine not exceeding 5 penalty units.
Division 3 Business and betting
Subdivision 1 General controls and conduct
Bookmakers and their agents may only field on
racecourses, &c.
67. (1) A registered bookmaker or bookmaker's agent
must not engage in bookmaking except on a racecourse.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
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2004 Racing Regulation No. s. 68
(2) A registered bookmaker or bookmaker's agent
must not engage in bookmaking on a racecourse except on
such parts of the racecourse as are set apart for the
purpose by its controlling club.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
Bookmakers and their agents must not bet at
totalizator odds
68. A registered bookmaker or bookmaker's agent must
not accept a bet on a horse race, greyhound race or
approved sports event at a price determined, directly or
indirectly, by the dividend paid for the race or event on
any totalizator.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
Bookmakers and their agents must not engage in
improper procurement
69. A registered bookmaker or bookmaker's agent must
not procure a person to accept or place, on the
bookmaker's or agent's behalf, a bet that would contravene
this Act if accepted or placed by the bookmaker or
bookmaker's agent personally.
79
s. 70 No. Racing Regulation 2004
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
Bookmakers' agents may only field if their
principals field on the same day
70. (1) A registered bookmaker's agent must not engage
in bookmaking on any day on which his or her principal
does not also engage in bookmaking.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(2) It is a defence in proceedings under
subsection (1) if the defendant establishes that, on the day
of the alleged offence, the defendant's principal
(a) attended, with the intention of engaging in
bookmaking, a Tasmanian racecourse where a
lawful race meeting was scheduled to be held;
but
(b) was prevented from engaging in bookmaking
by the postponement or abandonment of that
race meeting.
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2004 Racing Regulation No. s. 71
Restrictions on power of clubs to control or charge
bookmakers
71. Nothing in this Act authorises a registered club to
(a) impose conditions on registered bookmakers or
bookmakers' agents who lawfully engage in
bookmaking on a racecourse under its control,
other than conditions as to the places or
positions they may occupy and the allocation
of those places between such persons; or
(b) impose, without the prior written permission
of the Director, a fee or charge for allowing a
registered bookmaker or bookmaker's agent to
engage in lawful bookmaking on a racecourse
under its control; or
(c) if such permission is given, demand or receive
a fee or charge in excess of that authorised by
the Director.
Subdivision 2 Telephone betting endorsements
Control of telephone betting
72. (1) A registered bookmaker must not accept a bet
from a person who is not physically present at the place
where the bet is accepted and recorded unless
(a) the bookmaker is on a racecourse and carrying
on business as a bookmaker when the bet is
accepted; and
(b) the bookmaker's certificate of registration has
a telephone betting endorsement; and
(c) the bet is placed and accepted in accordance
with the conditions of the telephone betting
endorsement.
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s. 72 No. Racing Regulation 2004
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(2) A registered bookmaker must not accept a bet by
telephone unless
(a) the bet is for a minimum amount of $100 (or
such other minimum amount as may be
prescribed); or
(b) the bookmaker's minimum liability in respect
of the bet is $1 000 (or such other amount as
may be prescribed).
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(3) A registered bookmaker's agent must not accept
a bet from a person who is not physically present at the
place where the bet is accepted and recorded.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
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2004 Racing Regulation No. s. 73
Applications for telephone betting endorsements
73. (1) A registered bookmaker who wishes to engage in
telephone betting may apply to the Director to have his or
her certificate of registration endorsed with a telephone
betting endorsement.
(2) The application
(a) is to be in an approved form; and
(b) must be accompanied by the prescribed fee, if
any; and
(c) must be supported by such information or
evidence as the Director requires.
(3) The Director may
(a) approve the application; or
(b) refuse the application.
(4) If the application is refused, the Director
(a) is to give the applicant notice of the refusal,
with reasons, and the applicant's right of
appeal; and
(b) may refund all or any part of the application
fee.
(5) If the application is approved, the Director is to
(a) give the applicant notice of the approval; and
(b) endorse the applicant's certificate of
registration with the telephone betting
endorsement.
(6) The telephone betting endorsement is to be in an
approved form.
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s. 74 No. Racing Regulation 2004
Security for telephone betting endorsements
74. (1) Notwithstanding section 73, a bookmaker is not
entitled to have his or her certificate of registration
endorsed with a telephone betting endorsement unless he
or she has given the Director a bond of indemnity, or such
other form of security as the Director may approve, to
secure proper observance by the bookmaker of the
provisions of this Division.
(2) The bond of indemnity or other form of security
is to be to the value of $15 000 or, if another value is
prescribed, to the prescribed value.
(3) Without limiting the Director's discretion, the
security to be given under this section may comprise any,
or any combination, of the following:
(a) cash;
(b) money on fixed deposit with an authorised
deposit-taking institution carrying on business
in this State;
(c) a bond or guarantee, in an approved form, of a
corporation or authorised deposit-taking
institution approved by the Director;
(d) a State or Commonwealth Government
security;
(e) a prescribed security.
Conditions of telephone betting endorsements
75. (1) The conditions on which a registered bookmaker
may engage in telephone betting under a telephone
betting endorsement are as determined by the Director
and specified in the endorsement.
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2004 Racing Regulation No. s. 76
(2) Without limiting the Director's discretion, a
telephone betting endorsement may include any one or
more of the following conditions:
(a) that the registered bookmaker's telephone
unit must be of a type approved by the
Director and adapted and tested as required
by the Director to ensure that outgoing calls
cannot be made on the telephone unit;
(b) that the registered bookmaker must, on
demand, allow a person authorised for the
purpose by the Director to inspect and test a
telephone unit being used by the bookmaker
on a racecourse;
(c) that the registered bookmaker must pay such
annual fee in respect of the reasonable costs
incurred by the Director in administering and
auditing the bookmaker's telephone betting
endorsement as is specified in the
endorsement.
Features of telephone betting endorsements
76. (1) A registered bookmaker's telephone betting
endorsement comes into force as soon as the endorsement
is made under section 73(5)(b) and expires when the
bookmaker's certificate of registration expires or is
cancelled or surrendered, whichever first occurs.
(2) A registered bookmaker's telephone betting
endorsement does not authorise the bookmaker to engage
in telephone betting during any period when his or her
registration is suspended.
(3) A telephone betting endorsement is not
transferable.
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s. 77 No. Racing Regulation 2004
(4) A bookmaker whose certificate of registration
has a telephone betting endorsement may surrender the
endorsement at any time by requesting the Director to
cancel the endorsement but it has no surrender value.
Subdivision 3 Betting tickets and records
Bookmakers and agents must issue tickets and
record bets
77. (1) A registered bookmaker or bookmaker's agent
must, immediately after accepting a bet
(a) issue a betting ticket for the bet in an
approved form; and
(b) record the bet in the record required to be kept
under section 78.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(2) A registered bookmaker who issues a betting
ticket as required by subsection (1) must
(a) unless the bet was placed and accepted by
telephone, give the betting ticket directly to
the bettor; or
(b) if the bet was placed and accepted by
telephone, deliver the betting ticket to the
bettor by post as soon as practicable or deal
with the betting ticket in such other manner
as the Director may direct.
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2004 Racing Regulation No. s. 77
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(3) A registered bookmaker's agent who issues a
betting ticket as required by subsection (1) must give the
betting ticket directly to the bettor.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(4) A registered bookmaker or bookmaker's agent
must not make a written record or note of an accepted bet
until the bet has been recorded as required by
subsection (1)(b).
Penalty: In the case of
(a) a first offence, a fine not exceeding 10
penalty units; and
(b) a subsequent offence, a fine not
exceeding 20 penalty units.
(5) A registered bookmaker or bookmaker's agent
must not issue a betting ticket that has been previously
used for another bet.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
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s. 78 No. Racing Regulation 2004
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(6) Except as may be authorised by a telephone
betting endorsement, a registered bookmaker or
bookmaker's agent must not have in his or her possession,
for longer than is necessary to enable it to be destroyed, a
betting ticket that has been used and issued to a bettor.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
Bookmakers must keep betting records
78. (1) A registered bookmaker must keep, in the form
and manner required by the Director, a record of all bets
accepted by the bookmaker.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(2) A bet that is accepted under section 61(4)(a)(i) on
the outcome of more than one race is taken, for the
purposes of a record under subsection (1), to relate only to
the club on the racecourse where the first of those races is
held.
(3) A bet that is accepted under section 61(4)(a)(ii)
on the sporting contingency of more than one approved
sports event is taken, for the purposes of a record under
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2004 Racing Regulation No. s. 79
subsection (1), to relate only to the club on the racecourse
where bets are accepted on the first of those approved
sports events.
(4) If a bet is accepted in respect of a race or
approved sports event that is abandoned, or if the
competent authority has declared a bet off, the bet need
not be included in a record under this section.
(5) Except as may be provided by the conditions of a
telephone betting endorsement, it is not necessary to
include in a record under this section the name of the
person who places a bet.
Bookmakers must keep books of account
79. (1) A registered bookmaker must
(a) keep, in the form and manner required by the
Director, complete and proper books of account
in respect of his or her bookmaking business;
and
(b) enter and record in those books of account a
full and accurate account of all betting
transactions entered into by the bookmaker
and registered agents of the bookmaker; and
(c) keep those books of account available at all
times, and produce them on demand at any
reasonable time for inspection by the Director
or any person authorised for the purpose by
the Director; and
(d) if the Director so directs, have those books of
account audited within such time and in such
manner as is specified in the direction.
Penalty: In the case of
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s. 80 No. Racing Regulation 2004
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(2) A registered bookmaker must not
(a) bribe or attempt to bribe; or
(b) threaten; or
(c) attempt to intimidate or influence; or
(d) hinder or obstruct or attempt to hinder or
obstruct
a person who is carrying out an inspection or audit that
the person is authorised to carry out under this Act in
relation to the registered bookmaker's bookmaking
business.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
Bookmakers must give certain records to clubs
80. (1) A registered bookmaker must, immediately after
each race held on a racecourse where the bookmaker is
engaging in bookmaking as mentioned in
section 61(4)(a)(i), give the controlling club a written
record in an approved form of all bets that the bookmaker
accepted on that race.
Penalty: In the case of
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2004 Racing Regulation No. s. 81
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(2) Within 3 days after holding a race meeting, a
registered club must give the Director all of the betting
records that it has received from bookmakers in respect of
that race meeting pursuant to subsection (1).
Penalty: Fine not exceeding 5 penalty units.
Bookmakers must give certain returns to Director
81. (1) The Director may direct a registered bookmaker to
give the Director such periodic and special returns in
relation to the bookmaker's bookmaking business as the
Director considers necessary or convenient for the purpose
of exercising or performing the Director's powers or
functions under this or any other Act.
(2) A registered bookmaker must comply with a
direction under subsection (1) within such time and in
such manner as is specified in the direction.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
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s. 82 No. Racing Regulation 2004
Subdivision 4 Unclaimed winnings and
commissions
Unclaimed winnings and their disposal
82. (1) A registered bookmaker must, as and when
directed
(a) give the Director a return of all of the money
that, as at the date of the return, is owed by
the bookmaker to bettors and has remained
unclaimed for a period of more than one
month; and
(b) at the same time, pay that money to the
Director.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 40 penalty units.
(2) The Director
(a) may, at any time in the 6-month period after
the date of the return, pay any winnings that
the Director is satisfied the holder of a betting
ticket to which the return relates is entitled to;
and
(b) when the 6-month period expires, is to pay
TOTE Tasmania (or, if the Minister so directs,
into the Consolidated Fund) a sum equal to
the total of the unclaimed money received
from the bookmaker in conjunction with the
return, less any amount paid under
paragraph (a).
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2004 Racing Regulation No. s. 83
(3) After the 6-month period referred to in
subsection (1) expires, the right of a person holding a
betting ticket to which the return relates (or a person
claiming through that person) to recover any winnings to
which, but for this subsection, the betting ticket would
entitle the person, is barred, and no action lies for the
recovery of those winnings.
Payment of commission to Director
83. (1) Subject to section 85, a registered bookmaker
must, in respect of each month, pay to the Director an
amount by way of commission equal to the sum of
(a) an amount equal to 1% of all money paid or
payable, contingently or otherwise, in respect
of all bets placed with the bookmaker during
that month in relation to racing; and
(b) an amount equal to 0·5% of all money paid or
payable in respect of all other bets placed with
the bookmaker during that month in relation
to amounts bet by persons betting in Australia
or New Zealand; and
(c) an amount equal to 0·25% of all money paid or
payable in respect of all other bets placed with
the bookmaker during that month in relation
to amounts bet by persons betting outside
Australia and New Zealand.
(2) A registered bookmaker must pay the
commission payable under subsection (1) in relation to a
month not later than 7 days after the end of that month.
(3) The omission of a bet that should have been
included in a record under section 78 or a return under
section 81 does not relieve the registered bookmaker of
liability to pay commission in respect of that bet.
93
s. 84 No. Racing Regulation 2004
(4) If a registered bookmaker fails to pay the whole
or any part of the commission that the bookmaker is
required to pay under this section, the amount of the
unpaid commission may be recovered from the bookmaker
as a debt due to the Crown.
(5) For the avoidance of doubt, a reference in this
section to the bets placed with a registered bookmaker is
taken to include the bets, if any, placed with registered
agents of the bookmaker.
Payment of commission to clubs
84. Within 7 days after receiving a payment of
commission under section 83(1), the Director is to pay the
commission to each registered club in respect of all bets
placed
(a) at any race meeting or betting-only meeting
held in this State in relation to a race held by
that club; and
(b) at any race meeting or betting-only meeting
held by that club in relation to a race held
outside this State; and
(c) at any race meeting or betting-only meeting
held by that club in relation to an approved
sports event.
Set-off for GST
85. (1) In any month, a registered bookmaker may set off
against the commission payable under section 83 any GST
paid during the relevant month arising in respect of all
bets accepted by the bookmaker.
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2004 Racing Regulation No. s. 85
(2) If, in any month, the amount of GST paid in
respect of the bets accepted by the registered bookmaker
exceeds the amount of commission payable under
section 83 in respect of those bets, that excess may be set
off in any subsequent month in the same financial year
against the commission payable under that section.
(3) The amount of any credit given to a registered
bookmaker for GST paid in a financial year is limited to
the commission payable under section 83 for the financial
year.
(4) Within 21 days after the end of a financial year,
a registered bookmaker must give the Director a return
stating
(a) the amount of commission payable under
section 83 in respect of bets accepted by the
bookmaker for that financial year; and
(b) the amount of GST paid by the bookmaker in
that financial year in respect of those bets;
and
(c) the amount of credit given for the amount of
commission payable under section 83 in
respect of bets accepted in that financial year.
(5) Subject to subsection (3)
(a) if the amount of GST paid in respect of bets
accepted by a registered bookmaker for a
financial year exceeds the amount of credit
given in respect of those bets for that financial
year, the difference between those amounts is
to be credited to the bookmaker at the time of
the next payment of commission required
under this Act; and
(b) if the amount of GST paid in respect of bets
accepted for a financial year by a registered
95
s. 85 No. Racing Regulation 2004
bookmaker is less than the amount of credit
given in respect of those bets for that financial
year, the difference between those amounts is
to be paid by the bookmaker at the time of the
next payment of commission required under
this Act.
(6) The provisions of the Taxation Administration
Act 1997 apply to this section and, for that purpose, this
section is taken to be a taxation law within the meaning of
that Act.
(7) For the avoidance of doubt, a reference in this
section to the bets accepted by a registered bookmaker is
taken to include the bets, if any, accepted by registered
agents of the bookmaker.
(8) In this section
"GST" has the same meaning as in the A New Tax
System (Goods and Services Tax) Act 1999 of
the Commonwealth.
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2004 Racing Regulation No. s. 86
PART 8 OFFENCES
Authorised and unauthorised betting, &c.
86. (1) Except as otherwise provided by this Act, it is
lawful for a person to engage in authorised betting and the
placement or acceptance of an authorised bet does not, in
itself, constitute an offence.
(2) For the purposes of this Act, authorised betting
is
(a) betting conducted in person by or with a
registered bookmaker or bookmaker's agent
who is engaging in bookmaking on a
racecourse in accordance with Part 7; or
(b) betting conducted by telephone, in accordance
with Subdivision 2 of Division 3 of Part 7, by
or with a registered bookmaker whose
certificate of registration has a telephone
betting endorsement; or
(c) betting in a totalizator conducted by or on
behalf of a registered club at a race meeting or
betting-only meeting under its control; or
(d) such other kind of betting as may be
prescribed.
(3) Any betting that is not authorised betting by
virtue of subsection (2) is, for the purposes of this Act,
unauthorised betting.
Offences by bettors
87. (1) A person who places a bet with a registered
bookmaker must not, with intent to evade the provisions
97
s. 87 No. Racing Regulation 2004
of this Act, fail to demand or obtain a betting ticket for the
bet from the bookmaker or from a registered agent of the
bookmaker.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 30 penalty units.
(2) A person must not place a bet with a registered
bookmaker or bookmaker's agent if the person knows
that
(a) the bookmaker or bookmaker's agent is not
authorised under this Act to engage in
bookmaking at the time when and place where
the bet is placed; or
(b) the way in which the bet is being accepted is
contrary to the way in which the bookmaker or
bookmaker's agent is authorised to engage in
bookmaking under this Act.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 30 penalty units.
(3) In any proceedings for an offence under this
section, the defendant is taken to have the intent required
to constitute the offence if
(a) it is proved that the defendant habitually
attends race meetings or bets with
bookmakers; and
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2004 Racing Regulation No. s. 88
(b) the defendant is unable to show that his or her
conduct was due to accident or excusable
inadvertence.
Betting with and by minors
88. (1) A registered bookmaker or bookmaker's agent
must not accept, or offer to accept, a bet from a minor.
Penalty: Fine not exceeding 25 penalty units.
(2) A person must not
(a) place, or offer to place, a bet with a bookmaker
for or on behalf of a minor; or
(b) cause or allow a minor to place a bet with a
bookmaker; or
(c) by actions or words, however conveyed, invite
or encourage a minor to
(i) place a bet with a bookmaker; or
(ii) enter into or take a share or an interest
in a betting transaction involving a
bookmaker; or
(iii) seek information or advice for the
purpose of placing a bet with a
bookmaker.
Penalty: Fine not exceeding 25 penalty units.
(3) It is a defence in proceedings for an offence
against subsection (1) or (2) for the defendant to show
that, at the relevant time, he or she reasonably believed
that the person in relation to whom the offence was
allegedly committed was not a minor.
99
s. 88 No. Racing Regulation 2004
(4) A minor must not
(a) place a bet with a bookmaker; or
(b) cause or allow another person to place a bet
with a bookmaker for or on behalf of the
minor.
Penalty: Fine not exceeding
(a) 2 penalty units if the minor has not
attained the age of 15 years; or
(b) 5 penalty units if the minor has
attained the age of 15 or 16 years; or
(c) 10 penalty units if the minor has
attained the age of 17 years.
(5) A police officer or steward who reasonably
believes that a person is a minor who has been betting
with a bookmaker may demand that the person deliver up
all of the betting tickets in the person's possession.
(6) A person must comply with a demand under
subsection (5) forthwith.
Penalty: Fine not exceeding 10 penalty units.
(7) A minor who, by the production of documents or
other means, falsely represents to any person that he or
she is not a minor in order to engage in betting activities,
or to induce others to engage in betting activities for or on
behalf of that minor, is guilty of an offence.
Penalty: Fine not exceeding
(a) 2 penalty units if the minor has not
attained the age of 15 years; or
(b) 5 penalty units if the minor has
attained the age of 15 or 16 years; or
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2004 Racing Regulation No. s. 89
(c) 10 penalty units if the minor has
attained the age of 17 years.
Betting with unregistered bookmakers
89. (1) A person must not place a bet with another person
who is engaging in bookmaking if that other person is not
registered as a bookmaker or bookmaker's agent.
Penalty: Fine not exceeding 25 penalty units.
(2) It is a defence in proceedings for an offence
under subsection (1) if the defendant establishes
(a) that, at the relevant time, the defendant
reasonably believed that the person in respect
of whom the offence is alleged to have been
committed was registered as a bookmaker or
bookmaker's agent; or
(b) that the transaction to which the charge
relates was conducted pursuant to an
agreement with another person to place a bet
with a registered bookmaker lawfully engaged
in bookmaking, or in a totalizator being
lawfully conducted by a registered club, and
that neither the defendant nor the other
person was to receive any fee, commission or
reward for placing the bet.
Clubs must not allow unregistered persons to field
90. A registered club must not allow a person to engage in
bookmaking at a race meeting or betting-only meeting
held by the club or under its control if the person is not
registered as a bookmaker or bookmaker's agent.
Penalty: Fine not exceeding 25 penalty units.
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s. 91 No. Racing Regulation 2004
Unlawful communication of bookmaker odds during
race meetings, &c.
91. (1) While a race meeting or betting-only meeting is
being held on a racecourse in Tasmania
(a) a person inside the racecourse must not, by
any means, receive privileged betting
information from a person outside the
racecourse; and
(b) a person outside the racecourse must not, by
any means, transmit privileged betting
information to a person inside the racecourse;
and
(c) a person (whether inside or outside the
racecourse) must not, by any means, transmit
to a person outside the racecourse information
about the odds being offered by bookmakers at
that meeting in respect of any race meeting
being held, or proposed to be held, in
Tasmania or elsewhere.
Penalty: Fine not exceeding 25 penalty units.
(2) Subsection (1)(c) does not apply to the
transmission, in good faith, of privileged betting
information to the offices of a bona fide newspaper
publisher for or in connection with the purposes of the
publisher's newspaper business.
(3) Subsection (1) does not apply to
(a) the transmission, in good faith, of privileged
betting information from one racing club to
another racing club; or
(b) the reception by one racing club of privileged
betting information transmitted to it, in good
faith, by another racing club.
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2004 Racing Regulation No. s. 92
(4) For the purposes of this section, a race meeting
is taken to be held for a continuous period of time
commencing one hour before the advertised starting time
of the first race of the race meeting on any day and ending
at the actual starting time of the last race of the race
meeting on that day.
(5) The Director may, on such conditions as the
Director thinks fit, issue a person with a permit exempting
the person from the operation of subsection (1), or any part
of that subsection, and may at any time revoke that
permit.
(6) In this section
"betting-only meeting" means a meeting of a
racing club at which no racing takes place but
during which, under the law of the jurisdiction
in which the meeting is held, the club may
conduct totalizator betting or allow
bookmaking to be carried on;
"privileged betting information" means
information about the actual or estimated
betting odds being offered by bookmakers in
respect of any race meeting being held, or
proposed to be held, in Tasmania or elsewhere
in the Commonwealth;
"racing club" means a club that is authorised by or
under the law of any State or Territory of the
Commonwealth to operate as a horse racing
club or greyhound racing club.
Betting in public places
92. (1) Except as authorised by this Act, a person must
not, either personally or by means of an agent
103
s. 93 No. Racing Regulation 2004
(a) bet in a public place; or
(b) frequent, loiter in, use or be in a public place
for the purpose of betting.
Penalty: In the case of
(a) a first offence, a fine not exceeding 100
penalty units or imprisonment for a
term not exceeding 3 months, or both;
and
(b) a second offence, a fine not exceeding
200 penalty units or imprisonment for
a term not exceeding 6 months, or
both; and
(c) a subsequent offence, a fine not
exceeding 400 penalty units or
imprisonment for a term not exceeding
12 months, or both.
(2) It is a defence in proceedings for an offence
under subsection (1)(a) if the defendant establishes that
(a) the transaction to which the charge relates
was conducted pursuant to an agreement with
another person to place a bet with a registered
bookmaker lawfully engaged in bookmaking,
or in a totalizator being lawfully conducted by
a registered club; and
(b) neither the defendant nor the other person
was to receive any fee, commission or reward
for placing the bet.
Unlawful betting-places
93. (1) A person must not
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2004 Racing Regulation No. s. 93
(a) open, keep or use an unlawful betting-place; or
(b) allow any place occupied by that person to be
opened, kept or used as an unlawful betting-
place; or
(c) assist in conducting the business of an
unlawful betting-place; or
(d) publish or disseminate, by any means, betting
information in respect of an unlawful betting-
place; or
(e) advertise, by any means, an unlawful betting-
place; or
(f) invite, by any means, a person to attend or
contact an unlawful betting-place for the
purposes of betting; or
(g) receive at an unlawful betting-place money or
things of value as deposits, security or
consideration in connection with betting; or
(h) place or accept a bet, by any means, with or
from any person at an unlawful betting-place;
or
(i) cause or allow another person to do a thing
referred to in paragraph (a), (b), (c), (d), (e), (f),
(g) or (h).
Penalty: Fine not exceeding 35 penalty units or
imprisonment for a term not exceeding 6
months.
(2) In this section
"unlawful betting-place" means
(a) a place at or from which unauthorised
betting takes place; or
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s. 94 No. Racing Regulation 2004
(b) a place at which activities connected
with unauthorised betting take place.
False or misleading statements
94. A person must not, in giving any information under
this Act
(a) make a statement knowing it to be false or
misleading; or
(b) omit any matter from a statement knowing
that without that matter the statement is
false or misleading.
Penalty: In the case of
(a) a first offence, a fine not exceeding 20
penalty units; and
(b) a subsequent offence, a fine not
exceeding 30 penalty units.
Bribery of stewards and other racing officials, &c.
95. (1) A person must not
(a) bribe or attempt to bribe; or
(b) threaten; or
(c) attempt to intimidate or influence; or
(d) hinder or obstruct or attempt to hinder or
obstruct
a racing official in the performance of the racing official's
functions.
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2004 Racing Regulation No. s. 95
Penalty: In the case of
(a) a first offence, a fine not exceeding 50
penalty units or imprisonment for a
term not exceeding one month, or both;
and
(b) a subsequent offence, a fine not
exceeding 100 penalty units or
imprisonment for a term not exceeding
3 months, or both.
(2) A racing official must not
(a) accept a bribe; or
(b) collude with any person in the performance of
the racing official's functions.
Penalty: Fine not exceeding 50 penalty units.
(3) In this section
"racing official" means a person holding an
appointment under section 51(1).
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s. 96 No. Racing Regulation 2004
PART 9 ENFORCEMENT
Authorised persons and police officers have right to
enter racecourses
96. (1) A person who is authorised in writing for the
purpose by the Director is, on production of that
authorisation, entitled to enter a racecourse free of charge
at any time and to remain on the racecourse.
(2) A person must not prevent another person from
exercising a right that the other person is entitled to
exercise by virtue of an authorisation under subsection (1).
Penalty: Fine not exceeding 10 penalty units.
(3) A police officer acting in the course of his or her
duty is entitled to enter a racecourse free of charge at any
time and to remain on the racecourse.
Power of police and stewards to require personal
information
97. (1) A police officer or steward who reasonably believes
that a person has committed, is committing or is about to
commit an offence against this Act may require the person
to state his or her name and address.
(2) A person who is required to state his or her name
and address under subsection (1) must not
(a) refuse or fail to comply with the requirement;
or
(b) state a false name or address.
Penalty: Fine not exceeding 25 penalty units.
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2004 Racing Regulation No. s. 98
(3) A police officer who requires a person to state his
or her name and address under subsection (1) may arrest
the person without warrant if
(a) the person refuses or fails to comply with the
requirement; or
(b) the police officer reasonably believes that the
name or address stated by the person is false.
Power of police to arrest, &c., in public places
98. (1) A police officer who reasonably believes that a
person is or has recently been engaging in unauthorised
betting in a public place, or is in a public place for the
purpose of engaging in unauthorised betting in that public
place, may
(a) arrest the person without warrant; and
(b) search the person following the arrest; and
(c) retain any money, document or other thing
found on or in the care, charge or control of the
person at the time of arrest or search that, in
the reasonable opinion of the police officer,
constitutes evidence of the unauthorised
betting.
(2) Any money, document or other thing retained on
the arrest or search of a person under this section may be
used in evidence in any proceedings that may be taken
against the person for an offence alleged to have been
committed by the person at, or immediately before, the
time of arrest.
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s. 99 No. Racing Regulation 2004
Self-incrimination
99. A person, other than the defendant, who is called or
examined as a witness in any proceedings in respect of an
offence against this Act is not excused from answering a
question or producing a document on the ground that the
answer or document might tend to incriminate the person
or render the person liable to a penalty.
Forfeiture and disposal of things, &c., used for
unauthorised betting
100. (1) A court that convicts a person of an offence
against this Act may, in addition to any other penalty it
may impose, order that any money, document or other
thing seized by a police officer in connection with the
offence is forfeited to the Crown.
(2) Any money forfeited to the Crown under this
section is to be paid into the Consolidated Fund and any
document or other thing so forfeited is to be disposed of as
the Minister thinks fit.
Vicarious liability of bookmakers
101. (1) If a registered bookmaker's agent or other person
acting or purportedly acting for or on behalf of a registered
bookmaker commits an act that would constitute an
offence against this Act if committed by the bookmaker
(a) the bookmaker is taken to have also
committed the act; and
(b) the bookmaker may be charged with and
convicted of the offence unless the bookmaker
proves that the act was committed without his
or her knowledge or consent.
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2004 Racing Regulation No. s. 102
(2) Subsection (1) has effect whether or not the
registered bookmaker's agent or other person acting or
purportedly acting for the registered bookmaker is
charged with or convicted of the offence.
Evidentiary provisions
102. (1) In any proceedings for an offence against this
Act, proof that at a particular time a place was opened,
kept or used for the purpose of unauthorised betting is
evidence that it was so opened, kept or used with the
permission of its occupier.
(2) In any proceedings for an offence against this
Act, an allegation in the complaint that at a particular
time
(a) a person was or was not registered as a
bookmaker or bookmaker's agent; or
(b) a club was or was not registered as a club; or
(c) a place was a public place within the meaning
of this Act; or
(d) a particular person is or was the occupier of a
place mentioned in the complaint; or
(e) the defendant had or had not attained a
specified age
is evidence of that fact.
(3) In any proceedings for an offence against this
Act, an allegation in the complaint that on a particular
day
(a) a race meeting took place, or was appointed to
take place, at a specified place; or
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s. 103 No. Racing Regulation 2004
(b) a horse or greyhound, known by any specified
name, competed in, or had been entered to
compete in, a race at a race meeting
is evidence of that fact.
Unauthorised betting agreements, &c., are void
103. (1) Subject to subsection (2)
(a) all agreements, whether by parole or in
writing, by way of betting are void; and
(b) all claims for money lent or advanced for the
purpose of betting are void; and
(c) no action is to be brought or allowed by or in
favour of any person in any court for
recovering a sum of money or valuable thing
that is alleged to have been won on a bet or
deposited with a person to abide the event on
which a bet is made.
(2) This section does not apply to authorised betting
or betting that is lawful by virtue of any other Act.
Proceedings
104. Despite the Justices Act 1959, proceedings in respect
of an offence against this Act may be commenced at any
time within 2 years after the cause of complaint arises.
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2004 Racing Regulation No. s. 105
PART 10 MISCELLANEOUS
Replacement certificates of registration
105. (1) The Director may issue a registered club, a
registered bookmaker or a registered bookmaker's agent
with a replacement certificate of registration at any time if
the Director is satisfied that
(a) the original certificate has been lost, stolen,
destroyed or damaged; or
(b) the particulars on the original certificate have
changed; or
(c) there are other reasonable grounds to do so.
(2) Without limiting the generality of subsection (1),
the Director may issue a replacement certificate of
registration to a bookmaker's agent who changes his or
her principal.
(3) The Director, in his or her discretion, may charge
a fee to recover the reasonable costs of issuing the
replacement certificate.
Protection for racing administrators and officials
106. (1) The Director or a racing official is not personally
liable for any act done or purported or omitted to be done
by the Director or racing official in good faith in the
exercise or performance of the Director's or racing official's
powers or functions under this or any other Act.
(2) A member of a Council or regulatory panel is not
personally liable for any act done or purported or omitted
to be done by the member in good faith in connection with
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s. 107 No. Racing Regulation 2004
the exercise or performance of the Council's or regulatory
panel's powers or functions under this or any other Act.
(3) A liability that would, but for this section, attach
to the Director or a racing official attaches to the Crown.
(4) A liability that would, but for this section or the
Statutory Authorities (Protection from Liability of
Members) Act 1993, attach to a member of a Council
attaches to the Council.
(5) A liability that would, but for this section or the
Statutory Authorities (Protection from Liability of
Members) Act 1993, attach to a member of a regulatory
panel attaches to the Crown.
Conduct of inquiries
107. (1) Schedule 4 has effect in relation to the holding of
an inquiry.
(2) Except as otherwise provided by this Act, Part 3
and section 33 of the Commissions of Inquiry Act 1995
apply to inquiry proceedings as if the Director were a
Commission established under section 4 of that Act and
the inquiry being conducted by the Director were an
inquiry being conducted by that Commission under that
Act.
Service of notices
108. (1) For the purposes of this Act, an application,
direction or other document may be lodged with, served on
or given to a person by
(a) in the case of an individual
(i) handing it to the person; or
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2004 Racing Regulation No. s. 108
(ii) leaving it at, or sending it by post to, the
person's postal or residential address or
place or address of business or
employment last known to the person
seeking to lodge, serve or give the
document; or
(iii) faxing it to the person's facsimile
number; or
(iv) emailing it to the person's email
address; and
(b) in the case of any other person
(i) leaving it at, or sending it by post to, the
person's principal or registered office or
one of the person's places of business; or
(ii) faxing it to the person's facsimile
number; or
(iii) emailing it to the person's email
address.
(2) For the purposes of this Act, a document is taken
to have been lodged with, served on or given to a club or
any other body of persons if the document is lodged with,
served on or given to
(a) the club or body; or
(b) the secretary of the club or body.
(3) A document that is sent to a person by post is not
taken to have been lodged with, served on or given to the
person until the time when it would have been delivered in
the ordinary course of post.
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s. 109 No. Racing Regulation 2004
Regulations
109. (1) The Governor may make regulations for the
purposes of this Act.
(2) Without limiting the generality of subsection (1),
regulations may be made under that subsection for or in
relation to all or any of the following matters:
(a) further procedural or other requirements in
connection with registrations and applications;
(b) the control and enforcement and, if relevant,
the disbursement of bonds of indemnity or
other forms of security given in respect of any
matter;
(c) the business arrangements and conduct of
bookmakers and bookmakers' agents;
(d) the control and regulation of betting by and
with bookmakers, including, but not limited
to, the following:
(i) betting tickets and betting sheets;
(ii) the laying and displaying of odds;
(iii) winning, losing, void and disputed bets;
(iv) types of bets and the conditions
applicable to each type of bet;
(v) the settlement of bets;
(e) the control and regulation of telephone betting
endorsements;
(f) the keeping of records and accounts on any
matter by clubs or bookmakers or other
persons, and the consequences of the loss or
destruction of such records or accounts;
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2004 Racing Regulation No. s. 109
(g) the provision, to the Director, of information or
returns on any matter by clubs or bookmakers
or other persons involved in the racing
industry;
(h) stipendiary stewards and other racing
officials, including their functions and the
nature and enforcement of their powers.
(3) The regulations may
(a) be made so as to apply differently according to
such factors as are specified in the regulations;
and
(b) authorise any matter to be from time to time
determined, applied or regulated by the
Director; and
(c) authorise any matter relating to the functions
or powers of a Council to be determined,
applied or regulated by that Council; and
(d) authorise any matter relating to the functions
or powers of a regulatory panel to be
determined, applied or regulated by that
panel; and
(e) authorise any matter relating to the functions
or powers of the TRAB to be determined,
applied or regulated by the TRAB or its
chairperson.
(4) The regulations may
(a) provide that a contravention of any of the
regulations is an offence; and
(b) provide, in relation to any such offence, for the
imposition of a fine not exceeding 25 penalty
units and, in the case of a continuing offence, a
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s. 110 No. Racing Regulation 2004
further fine not exceeding 2.5 penalty units for
each day during which the offence continues.
(5) Without limiting the application of
subsection (3), regulations of the kind referred to in
subsection (2)(d) may
(a) authorise any matter in respect of betting on
contingencies relating to horse or greyhound
races to be determined by stewards or other
racing officials, or in accordance with the
Rules of Racing; and
(b) authorise any matter in respect of betting on
contingencies relating to approved sports
events to be determined in accordance with
the Sports Betting Rules; and
(c) contain notes and examples; and
(d) stipulate that such notes and examples, or any
of them, form or do not form part of the
regulations.
Sports Betting Rules
110. (1) The Director may make rules, called Sports
Betting Rules, for the purpose of further controlling and
regulating betting by and with registered bookmakers on
contingencies relating to approved sports events.
(2) The Director, after complying with any
enactment applying to their publication, may publish the
Sports Betting Rules in such ways as the Director thinks
fit, having regard to their purpose and likely users.
(3) The Sports Betting Rules
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2004 Racing Regulation No. s. 110
(a) may be made so as to apply differently
according to such factors as are specified in
the rules; and
(b) may authorise any matter to be from time to
time determined by betting supervisors or
other racing officials or by reference to the
decisions of sports officials; and
(c) may be named for the particular approved
sports events in respect of which they are
made; and
(d) may contain notes and examples; and
(e) may stipulate that such notes and examples,
or any of them, form or do not form part of the
rules.
(4) The Sports Betting Rules are not to contain
provisions that
(a) provide for a contravention of the rules to be
an offence; or
(b) are repugnant to regulations made under this
Act.
(5) The Sports Betting Rules are not
(a) statutory rules; or
(b) subject to section 47(3)(c), (10) or (11) of the
Acts Interpretation Act 1931; or
(c) instruments of a legislative character for the
purposes of the Subordinate Legislation Act
1992.
(6) All courts, judges and persons acting judicially
are to
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s. 111 No. Racing Regulation 2004
(a) take judicial notice of the Sports Betting Rules
as amended from time to time; and
(b) admit as evidence a copy of those rules, as
amended from time to time, if the copy is
certified as a true copy by the Director.
Rules of Racing
111. (1) Rules of Racing are not
(a) statutory rules; or
(b) instruments of a legislative character for the
purposes of the Subordinate Legislation Act
1992; or
(c) subject to section 47(3), (3A), (10) or (11) of the
Acts Interpretation Act 1931.
(2) Rules of Racing may
(a) be made so as to apply differently according to
such factors as are specified in the rules; and
(b) authorise any matter to be from time to time
determined by a Council, regulatory panel,
racing club, steward or other person or body
specified in the rules; and
(c) provide that a contravention of any of the
rules is an offence; and
(d) provide, in relation to the commission of any
such offence, for any, or any combination of,
the following:
(i) the imposition on the offender of a fine
not exceeding 750 penalty units;
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2004 Racing Regulation No. s. 111
(ii) disqualification of the offender;
(iii) disqualification of the horse or
greyhound in respect of which the
offence was committed;
(iv) the suspension of any registration or
licence held under the rules by the
offender;
(v) the suspension of any registration held
under the rules by the horse or
greyhound in respect of which the
offence was committed.
(3) Fines payable under any Rules of Racing are
payable to the Director and, if not paid, may be recovered
as a debt due to the Crown.
(4) A rule-making authority
(a) must publish any new Rules of Racing as soon
as practicable after making those rules; and
(b) must publish particulars of any amendment or
rescission of the Rules of Racing as soon as
practicable after making that amendment or
effecting that rescission; and
(c) may publish the Rules of Racing from time to
time in consolidated form.
(5) For the purposes of subsection (4), publication
may be effected by such means as the rule-making
authority sees fit but publication by electronic means
alone is not sufficient.
(6) A rule-making authority may charge a person a
fee to recover the cost of providing a person with a
consolidated copy of the Rules of Racing.
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s. 112 No. Racing Regulation 2004
(7) A court or person acting judicially is to
(a) take judicial notice of the Rules of Racing as
amended from time to time; and
(b) admit as evidence a copy of the Rules of
Racing as amended from time to time, if the
copy is certified by the chairperson of the
responsible rule-making authority.
(8) In this section
"rule-making authority" means
(a) the Tasmanian Thoroughbred Racing
Council, in the case of Rules of Racing
for thoroughbred racing; and
(b) the Harness Racing Regulatory Panel, in
the case of Rules of Racing for harness
racing; and
(c) the Greyhound Racing Regulatory
Panel, in the case of Rules of Racing for
greyhound racing.
Council elections
112. (1) Elections to elect a member or members of a
Council are to be
(a) conducted by the Chief Electoral Officer or a
Returning Officer appointed or approved for
the purpose by the Chief Electoral Officer; and
(b) supervised by the Chief Electoral Officer.
(2) Regulations made under section 109 for or in
relation to the election of a member or members of a
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2004 Racing Regulation No. s. 113
Council may, without limiting the generality of that
section
(a) specify which persons or class of persons are
eligible to stand as candidates, and to vote, in
the election; and
(b) authorise the Minister to appoint persons to
fill casual vacancies in cases where it is not
possible or appropriate to fill such vacancies
by recount, further election or other electoral
means; and
(c) provide for the cost of elections to be met by
specified persons or bodies; and
(d) provide for disputed returns and for the
resolution of such disputes; and
(e) stipulate when the terms of office of elected
persons begin or end; and
(f) authorise any matter relating to the election
to be determined, applied or regulated by the
Chief Electoral Officer or Returning Officer.
(3) In this section
"Chief Electoral Officer" means the Chief
Electoral Officer within the meaning of the
Electoral Act 1985.
Administration of Act
113. 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
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s. 113 No. Racing Regulation 2004
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Infrastructure, Energy and
Resources.
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2004 Racing Regulation No. sch. 1
SCHEDULE 1 FURTHER PROVISIONS ON
COUNCIL/TRAB MEMBERSHIP
Section 17 and section 23(6)
Interpretation
1. In this Schedule
"administering body" means a Council or the
TRAB;
"member" means a member of an administering
body;
"relevant authority" means
(a) for a Council, the Minister; and
(b) for the TRAB, the Governor;
"State servant" means a State Service officer or
State Service employee.
Holding other office
2. 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.
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sch. 1 No. Racing Regulation 2004
State servants may be members
3. (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.
Remuneration of members and conditions of
appointment
4. (1) A member is entitled to be paid such remuneration
and allowances as the relevant authority may from time to
time determine.
(2) In the case of a Council, any such remuneration
or allowance is to be paid from the funds of that Council.
(3) 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.
(4) An appointed 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.
Vacation of office
5. (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 elected; or
(b) resigns by notice given to the relevant
authority; or
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2004 Racing Regulation No. sch. 1
(c) is removed from office under subclause (2) or
(3).
(2) The relevant authority may remove a member
from office if the member
(a) is absent from 3 consecutive meetings of the
administering body without the permission of
the other members of that body; 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
(d) fails to disclose a pecuniary interest as
required by clause 6(1); or
(e) is convicted, in Tasmania or elsewhere, of a
crime or offence punishable by imprisonment
for a term of 12 or more months 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.
(3) The relevant authority 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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sch. 1 No. Racing Regulation 2004
Disclosure of interest
6. (1) A member of an administering body who has a
direct or indirect interest in a matter being considered, or
about to be considered, by the administering body 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 administering body.
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 administering body exclusive
of that member determines otherwise
(a) be present during any deliberations of the
administering body in relation to the matter;
or
(b) take part in any decision of the administering
body in relation to the matter.
Filling of vacancies
7. (1) If the office of an appointed member of a Council
becomes vacant, otherwise than by 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) A person who is appointed as a member of a
Council under subclause (1) may nominate another person
to act as his or her proxy.
(3) If the office of a member of the TRAB becomes
vacant, otherwise than by the expiration of the term for
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2004 Racing Regulation No. sch. 1
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.
Proxies
8. (1) The nomination of a proxy for a member of a
Council is to
(a) be in writing; and
(b) state whether the proxy is to vote at his or her
discretion or at the direction of the nominator;
and
(c) be given to the chairperson of the Council or, if
the nomination is of a proxy for the
chairperson, to the deputy chairperson.
(2) A member of a Council is not capable of acting as
proxy for more than 2 other members.
Validity of proceedings, &c.
9. (1) An act or proceeding of an administering body or of
a person acting under a direction of an administering body
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 administering
body.
(2) All acts and proceedings of an administering
body or of a person acting under a direction of an
administering body 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
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sch. 1 No. Racing Regulation 2004
being, a member, and as if the administering body had
been fully constituted.
Presumptions
10. In any proceedings by or against an administering
body, unless evidence is given to the contrary, proof is not
required of
(a) the constitution of the administering body; or
(b) any resolution of the administering body; or
(c) the appointment or election of any member of
the administering body; or
(d) the presence of a quorum at any meeting of
the administering body; or
(e) the nomination of any proxy.
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2004 Racing Regulation No. sch. 2
SCHEDULE 2 MEETINGS OF COUNCILS
Section 10(6)
Interpretation
1. In this Schedule
"meeting" means a meeting of a Council;
"member" means a member of a Council.
Convening meetings
2. A meeting may be convened by the chairperson alone or
by any 2 members.
Quorum
3. (1) Five members constitute a quorum at any duly
convened meeting of the Tasmanian Thoroughbred Racing
Council.
(2) Three members constitute a quorum at any duly
convened meeting of Harness Racing Tasmania or
Greyhound Racing Tasmania.
Chairing of meetings
4. (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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sch. 2 No. Racing Regulation 2004
(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.
Procedure at meetings
5. (1) Any duly convened meeting at which a quorum is
present is competent to transact any Council business.
(2) In a meeting a member may vote
(a) in person; or
(b) by proxy.
(3) Each member, including the chairperson and
deputy chairperson, has only one vote.
(4) A question arising at a meeting is to be
determined by a majority of the votes cast.
(5) In the event of an equality of votes on a question
arising at a meeting, the question stands adjourned until
the next meeting.
Proxies
6. (1) A member is not entitled to use a proxy for more
than 2 consecutive meetings without the leave of the
Council.
(2) A vote that a member casts by proxy is as valid
as if it were cast by the member in person.
Minutes
7. A Council is to
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(a) keep accurate minutes of each meeting; and
(b) give the Director, and the Chief Executive
Officer of TOTE Tasmania, a copy of those
minutes within 14 days after the day of the
meeting.
Special attendance
8. (1) A Council may permit a member to participate in a
meeting by
(a) telephone; or
(b) television conference; or
(c) another means of communication approved by
the Council.
(2) A member who participates in a meeting under a
permission granted under this clause is taken to be
present at the meeting.
(3) A Council may permit a person to attend a
meeting for the purpose of advising or informing it on any
matter.
General procedure
9. Except as provided by this Act, a Council may regulate
its own proceedings.
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SCHEDULE 3 REGULATORY PANELS
Sections 19(6) and 21(4)
PART 1 INTERPRETATION
Interpretation
1. In this Schedule
"chairperson" means regulatory panel chairperson;
"independent lawyer" means the person for the
time being appointed to the office referred to
in section 20;
"meeting" means a meeting of a regulatory panel.
PART 2 MEETINGS
Convening meetings
1. A meeting may be convened by the chairperson alone or
by the other 2 members jointly.
Conducting business at meetings
2. (1) Three members constitute a quorum at any duly
convened meeting.
(2) Any duly convened meeting at which a quorum is
present is competent to transact any business of a
regulatory panel.
(3) The chairperson is to preside at all meetings.
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2004 Racing Regulation No. sch. 3
(4) Each member, including the chairperson, has
only one vote.
(5) A question arising at a meeting is to be
determined by a majority of the votes cast.
(6) In the event of an equality of votes on a question
arising at a meeting, the question stands adjourned until
the next meeting.
Minutes
3. A regulatory panel is to
(a) keep accurate minutes of each meeting; and
(b) give the Council a copy of those minutes
within 14 days of the meeting.
Special attendance
4. (1) A regulatory panel 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 regulatory panel.
(2) A member who participates in a meeting under a
permission granted under this clause is taken to be
present at the meeting.
(3) A regulatory panel may permit a person to
attend a meeting for the purposes of advising or informing
it on any question.
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General procedure
5. Except as provided by this Part, a regulatory panel may
regulate its own proceedings.
PART 3 MEMBERSHIP
Remuneration
1. The independent lawyer (and the independent lawyer's
deputy) are entitled to be paid such remuneration and
allowances as the Minister may from time to time
determine.
Vacation of office
2. (1) The independent lawyer 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 give to the Minister; or
(c) has his or her name removed from the roll of
barristers or legal practitioners kept by the
Supreme Court; or
(d) is removed from office under this clause.
(2) The Minister may remove the independent
lawyer from office if
(a) the independent lawyer becomes bankrupt,
applies to take the benefit of any law for the
relief of bankrupt or insolvent debtors,
compounds with his or her creditors or makes
an assignment of his or her remuneration or
estate for their benefit; or
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2004 Racing Regulation No. sch. 3
(b) the independent lawyer fails to disclose a
personal interest as required by clause 3 of
this Part; or
(c) the independent lawyer is convicted, in
Tasmania or elsewhere, of a crime or offence
punishable by imprisonment for a term of 12
or more months or by a fine of 300 or more
penalty units; or
(d) the independent lawyer is convicted of an
offence against this Act, the Racing
(Totalizator Betting) Act 1952 or the Gaming
Control Act 1993; or
(e) the independent lawyer's right to practise as a
legal practitioner is suspended, either in
Tasmania or elsewhere; or
(f) the Minister is satisfied that the independent
lawyer is unable to perform the duties of the
office competently or adequately; or
(g) the Minister is satisfied that the independent
lawyer has engaged in personal or professional
conduct of a kind that is incompatible with the
standards of integrity expected of members,
having regard to the role of regulatory panels
in the administration of racing in this State.
(3) The Minister may
(a) remove the independent lawyer from office if
he or she fails to attend 2 properly convened
consecutive meetings of a particular
regulatory panel or any 3 properly convened
consecutive regulatory panel meetings
(without arranging for his or her deputy to
attend in his or her stead); and
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(b) remove the independent lawyer's deputy from
office if he or she fails to attend 3 consecutive
regulatory panel meetings, being meetings
that he or she has been requested by the
independent lawyer or Director to attend.
(4) The independent lawyer is not to be removed
from office otherwise than in accordance with this clause.
(5) In this clause, unless the contrary intention
appears
"independent lawyer" includes the independent
lawyer's deputy.
Disclosure of interest
3. (1) A member who has a direct or indirect interest in a
matter being considered, or about to be considered, by a
regulatory panel 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 regulatory
panel.
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
(a) be present during any deliberations of the
regulatory panel in relation to the matter; or
(b) take part in any decision of the regulatory
panel in relation to the matter.
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2004 Racing Regulation No. sch. 3
Validity of proceedings, &c.
4. (1) An act or proceeding of a regulatory panel or of a
person acting under a direction of the regulatory panel 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 regulatory panel.
(2) All acts and proceedings of a regulatory panel or
of a person acting under a direction of a regulatory panel
are, despite the subsequent discovery of a defect in the
appointment of a member or that any 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 regulatory panel had been fully
constituted.
(3) In subclause (2)
"member" includes a deputy or nominee of a
member.
Presumptions
5. In any proceedings by or against a regulatory panel or
in which an act or proceeding of the regulatory panel is in
issue, unless evidence is given to the contrary, proof is not
required of
(a) the constitution of the regulatory panel; or
(b) the appointment of a member (or of a deputy
of a member) of the regulatory panel; or
(c) any membership nomination; or
(d) the presence of a quorum at any meeting of
the regulatory panel; or
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sch. 3 No. Racing Regulation 2004
(e) any resolution of the regulatory panel.
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2004 Racing Regulation No. sch. 4
SCHEDULE 4 CONDUCT OF INQUIRIES
Section 107(1)
General procedure
1. In conducting an inquiry, the Director
(a) is to proceed with as little formality and
technicality, and with as much expedition, as
a proper consideration of the matter permits;
and
(b) must observe the rules of natural justice; and
(c) may proceed with and determine the inquiry
notwithstanding the absence of a person who
has been required to appear; and
(d) may adjourn the inquiry from time to time or
from place to place as he or she thinks fit; and
(e) may publish the findings of the inquiry as he
or she thinks fit; and
(f) except as provided by this Act, may otherwise
regulate his or her own proceedings.
Representation
2. (1) A natural person is entitled to be represented in an
inquiry by a legal practitioner or any other person.
(2) A corporation, club, association or other body of
persons is entitled to be represented in an inquiry by a
legal practitioner or any other person.
(3) The Director may engage a legal practitioner or
other person to help the Director hold an inquiry.
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sch. 4 No. Racing Regulation 2004
(4) A legal practitioner or other person who
represents a party to an inquiry or is engaged to help the
Director hold an inquiry has, in that capacity, the same
protection and immunity as a barrister appearing for a
party in proceedings in the Supreme Court.
Evidentiary provision
3. Section 102 has the same application to inquiry
proceedings as it has to proceedings on the hearing of a
charge for an offence against this Act.
142 Government Printer, Tasmania