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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
TOTE TASMANIA (RACING REGULATION)
BILL 2004
__________
CONTENTS
PART 1 PRELIMINARY
1. Short title
2. Commencement
3. Interpretation
4. Incorporation with Racing Regulation Act 2004
PART 2 POWERS AND FUNCTIONS OF TOTE
TASMANIA
Division 1 Powers in relation to Councils
5. Directions to Councils
Division 2 Powers, &c., in relation to racing clubs
6. Purchase and improvement of racecourses
7. Allotment of racing days
8. Betting-only meetings
9. Emergency conversion of race meetings to betting-only
meetings
Division 3 Support of racing industry
10. Product fee
11. Amounts to be set aside for benefit of racing industry
[Bill 76]-III
PART 3 MISCELLANEOUS
12. Regulations
13. Administration of Act
2
TOTE TASMANIA (RACING REGULATION)
BILL 2004
(Brought in by the Minister for Racing, the Honourable
James Glennister Cox)
A BILL FOR
An Act to confer certain powers and functions on
TOTE Tasmania Pty Ltd in relation to the racing
industry 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 TOTE Tasmania (Racing
Regulation) Act 2004.
Commencement
2. This Act commences on the day on which the Racing
Regulation Act 2004 commences.
Interpretation
3. In this Act
THIS BILL IS COGNATE WITH THE RACING REGULATION BILL 2004
[Bill 76] 3
s. 4 No. TOTE Tasmania (Racing Regulation) 2004
"racing club" means a club that is registered under
the Racing Regulation Act 2004;
"racing year" means the 12-month period
commencing on 1 August in any year;
"shareholders" means
(a) the Minister; and
(b) the Treasurer or, if the Treasurer is also
the Minister, one other Minister of the
Crown determined by the Treasurer.
Incorporation with Racing Regulation Act 2004
4. The Act is incorporated with, and is to be read together
with, the Racing Regulation Act 2004.
4
2004 TOTE Tasmania (Racing Regulation) No. s. 5
PART 2 POWERS AND FUNCTIONS OF TOTE
TASMANIA
Division 1 Powers in relation to Councils
Directions to Councils
5. (1) TOTE Tasmania may, in writing, give a Council any
directions that TOTE Tasmania considers necessary or
desirable regarding
(a) the exercise or performance of the Council's
powers or functions under this or any other
Act; or
(b) matters of policy; or
(c) the general nature and extent of the Council's
operations.
(2) Despite subsection (1), TOTE Tasmania's power
to direct the affairs of a Council is not to be exercised so as
to
(a) require the Council to do anything that it is
not empowered to do by this or any other Act;
or
(b) prevent the Council from exercising a power or
performing a function that it is expressly
authorised or required by this or any other Act
to exercise or perform; or
(c) interfere with the Council forming a belief or
opinion on any matter.
(3) TOTE Tasmania may, in writing, revoke or
amend a direction given to a Council.
5
s. 6 No. TOTE Tasmania (Racing Regulation) 2004
(4) Except as provided by subsection (5), a Council is
bound by TOTE Tasmania's directions to that Council.
(5) If there is an inconsistency between the
directions that TOTE Tasmania and the Director give to a
Council, the inconsistency is to be resolved in a manner
determined by the Minister, in consultation with the
Minister administering the Racing Regulation Act 2004.
Division 2 Powers, &c., in relation to racing clubs
Purchase and improvement of racecourses
6. (1) A racing club must not, without the written
approval of TOTE Tasmania
(a) buy a racecourse; or
(b) spend, in any one racing year, in excess of the
allowed limit on improving a racecourse unless
the amount of the excess is met from the club's
current funds exclusive of any additional
borrowings relating, wholly or partly, to the
carrying out of those improvements.
(2) In subsection (1)
"allowed limit" means
(a) $5 000; or
(b) if another amount is prescribed, that
other amount.
Allotment of racing days
7. (1) The racing days for racing clubs by which the
totalizator is to be used are to be allotted in each racing
6
2004 TOTE Tasmania (Racing Regulation) No. s. 8
year by TOTE Tasmania after consultation with each
racing club and Council.
(2) TOTE Tasmania may, after consultation with
the relevant racing club, specify the racing days on which
certain races may be conducted.
Betting-only meetings
8. (1) TOTE Tasmania may authorise a racing club to
hold one or more betting-only meetings in a racing year.
(2) The betting-only meetings for racing clubs are to
be authorised and allotted by TOTE Tasmania only after it
has consulted each racing club and Council.
(3) TOTE Tasmania is not to authorise a racing club
to hold a betting-only meeting at a racecourse on a day on
which a race meeting is scheduled to be held in the same
region of the State as the region in which that racecourse
is located.
(4) In this section
"region" means the northern region, north-western
region or southern region.
Emergency conversion of race meetings to betting-
only meetings
9. Notwithstanding sections 7 and 8, TOTE Tasmania
may authorise a racing club to convert a race meeting to a
betting-only meeting if and only if
(a) the race meeting scheduled to be held by the
club has been abandoned; and
7
s. 10 No. TOTE Tasmania (Racing Regulation) 2004
(b) TOTE Tasmania is satisfied in the
circumstances that the club had good cause for
abandoning the race meeting.
Division 3 Support of racing industry
Product fee
10. (1) TOTE Tasmania must, in each financial year, pay
a product fee to the Tasmanian racing industry for the
conduct of race meetings (including prize money) and the
administration, maintenance and improvement of horse
racing and greyhound racing.
(2) Subject to subsection (3), the product fee is to be
equivalent to 10 092 850 fee units.
(3) The amount of the product fee may be varied as
agreed between TOTE Tasmania and the shareholders.
(4) The product fee is to be distributed among
individual racing clubs in accordance with agreements
made between TOTE Tasmania and each of those clubs,
each such agreement being one that specifies the
conditions on which the distribution is to be made.
(5) Without limiting the generality of subsection (4),
a distribution agreement made under that subsection may
specify conditions relating to
(a) access to facilities; and
(b) access to visual images or audio broadcasts of
races run by the racing club; and
(c) such other matters as the parties agree.
8
2004 TOTE Tasmania (Racing Regulation) No. s. 11
Amounts to be set aside for benefit of racing
industry
11. (1) TOTE Tasmania is to
(a) set aside any unclaimed dividend or unclaimed
refund under section 57P of the Racing
(Totalizator Betting) Act 1952; and
(b) set aside, in each financial year, an amount,
not exceeding 25% of its net earnings for that
financial year.
(2) For the purposes of subsection (1)(b)
(a) the net earnings are taken to be the earnings
in respect of the financial year after deducting
all expenses other than interest payments,
income tax equivalents, depreciation and
amortisation; and
(b) the amount to be set aside is to be determined
by TOTE Tasmania after consultation with
the shareholders.
(3) The amounts set aside under subsection (1) are
to be
(a) used for the benefit of the racing industry; and
(b) spent in such amounts and manner, and at
such times, as TOTE Tasmania determines.
9
s. 12 No. TOTE Tasmania (Racing Regulation) 2004
PART 3 MISCELLANEOUS
Regulations
12. The Governor may make regulations for the purposes
of this Act.
Administration of Act
13. Until provision is made in relation to this Act by order
under section 4 of the Administrative Arrangements Act
1990
(a) the administration of this Act is assigned to
the Minister for Racing; and
(b) the department responsible to that Minister in
relation to the administration of this Act is the
Department of Infrastructure, Energy and
Resources.
10 Government Printer, Tasmania