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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Racing and Gambling Acts (Amendment) Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--RACING ACT 1958 3
3. Appeals to Racing Appeals Tribunal 3
4. New Part IVA inserted 5
PART IVA--RACING VICTORIA CENTRE LAND 5
95A. Application of Part 5
95B. Definition 5
95C. Surrender of Racing Victoria Centre land 5
95D. Crown lease 6
95E. Power to enter agreements to use, sub-lease or assign
interest in Racing Victoria Centre land 7
95F. Registrar of Titles to make necessary amendments 8
PART 3--GAMBLING REGULATION ACT 2003 9
5. Definition 9
6. New section 2.5.16A inserted 9
2.5.16A Restrictions on publication of race fields 9
7. Certain communications etc. exempted 11
8. Health benefit levy 11
9. Repeal of spent amending Acts 12
10. Statute law revision--Gambling Regulation (Further
Amendment) Act 2004 12
PART 4--CASINO CONTROL ACT 1991 14
11. Health benefit levy 14
ENDNOTES 15
i
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Racing Act 1958 with respect to the Racing Victoria
Centre land and appeals to the Racing Appeals Tribunal, to amend the
Gambling Regulation Act 2003 with respect to the publication of
race fields and the health benefit levy, to amend the Casino Control
Act 1991 with respect to the health benefit levy, to amend the
Gambling Regulation (Further Amendment) Act 2004, to repeal
spent Acts and for other purposes.
Racing and Gambling Acts
(Amendment) Act 2005
The Parliament of Victoria enacts as follows:
1
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 1--Preliminary
s. 1
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Racing Act 1958 with respect
to the Racing Victoria Centre land and
5
appeals to the Racing Appeals Tribunal;
(b) to amend the Gambling Regulation Act
2003 with respect to the publication of race
fields and the health benefit levy;
(c) to amend the Casino Control Act 1991 with
10
respect to the health benefit levy;
(d) to make statute law revision amendments to
the Gambling Regulation (Further
Amendment) Act 2004;
(e) to repeal spent Acts.
15
2. Commencement
(1) This Act (except sections 3 and 10) comes into
operation on the day after the day on which it
receives the Royal Assent.
(2) Section 10 is deemed to have come into operation
20
on 21 December 2004.
(3) Subject to sub-section (4), section 3 comes into
operation on a day to be proclaimed.
(4) If section 3 does not come into operation before
31 December 2005, it comes into operation on that
25
day.
__________________
2
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 2--Racing Act 1958
s. 3
See:
PART 2--RACING ACT 1958
Act No.
6353.
3. Appeals to Racing Appeals Tribunal Reprint No. 12
as at
(1) In section 83F of the Racing Act 1958, after the 26 September
2002
definition of "controlling body" insert-- and
amending
' "horse racing appeals and disciplinary body"
5 Act Nos
means a body-- 45/2003,
96/2003,
114/2003,
(a) the members of which are appointed by 45/2004 and
the directors of Racing Victoria under 108/2004.
LawToday:
the Rules of Horse Racing, as made by www.dms.
Racing Victoria; and
10 dpc.vic.
gov.au
(b) which has the function of hearing and
determining--
(i) charges under those rules; and
(ii) appeals from decisions of
Stewards under those rules;'.
15
(2) For section 83K(1) of the Racing Act 1958
substitute--
"(1) Subject to this Part, a person upon whom a
penalty has been imposed by--
(a) in the case of harness racing and
20
greyhound racing, the appropriate
controlling body;
(b) in the case of horse racing, the horse
racing appeals and disciplinary body--
may, within 14 days after the imposing of the
25
penalty, in the prescribed form appeal to the
Tribunal, and the Tribunal shall hear and
determine the appeal.".
3
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 2--Racing Act 1958
s. 3
(3) In section 83K of the Racing Act 1958--
(a) in sub-section (4), for "controlling body"
substitute "appropriate controlling body or
the horse racing appeals and disciplinary
body (as the case requires)";
5
(b) in sub-sections (5), (6) and (6C), after
"controlling body" insert "or the horse
racing appeals and disciplinary body (as the
case requires)";
(c) in sub-section (9), for "or controlling body
10
(as the case may be)" substitute ", the
appropriate controlling body or the horse
racing appeals and disciplinary body (as the
case requires)".
(4) For section 83K(10) of the Racing Act 1958
15
substitute--
"(10) The determination of the Tribunal and any
penalty arising from it are binding upon the
appellant, the Steward or Stewards and--
(a) in the case of harness racing, Harness
20
Racing Victoria;
(b) in the case of greyhound racing,
Greyhound Racing Victoria;
(c) in the case of horse racing, Racing
Victoria and the horse racing appeals
25
and disciplinary body.".
(5) In section 83KA of the Racing Act 1958--
(a) for sub-section (3)(b) substitute--
"(b) make or substitute any decision which
the appropriate controlling body or the
30
horse racing appeals and disciplinary
body (as the case requires) would have
been empowered to make.";
(b) sub-section (6) is repealed.
4
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 2--Racing Act 1958
s. 4
4. New Part IVA inserted
At the end of Part IV of the Racing Act 1958
insert--
'PART IVA--RACING VICTORIA CENTRE
LAND
5
95A. Application of Part
This Part has effect despite anything to the
contrary in The Victoria Racing Club Act
1871, The Victoria Racing Club Act 1956,
the Land Act 1958, the Crown Land
10
(Reserves) Act 1978 or any other Act, law,
lease or other instrument.
95B. Definition
In this Part--
"Racing Victoria Centre land" means
15
Crown Allotment 28F of Section 2, in
the Parish of Doutta Galla, County of
Bourke, being an area of
2229 hectares.
95C. Surrender of Racing Victoria Centre land
20
(1) The chairman of the committee of the
Victoria Racing Club, by instrument, may
surrender to the Crown the Racing Victoria
Centre land which is vested in the chairman
to be held on trust for the Victoria Racing
25
Club under The Victoria Racing Club Act
1871 and described in Crown lease
Volume 10757 Folio 757.
5
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 2--Racing Act 1958
s. 4
(2) On the surrender of the land under sub-
section (1)--
(a) Crown lease Volume 10757 Folio 757
is revoked; and
(b) the chairman of the committee of the
5
Victoria Racing Club is freed and
discharged from all further duties and
liabilities under any trust in respect of
that land; and
(c) the Racing Victoria Centre land is
10
deemed to be unalienated land of the
Crown, freed and discharged from all
trusts, limitations, reservations,
restrictions, encumbrances, estates and
interests.
15
95D. Crown lease
(1) On or after the surrender of the Racing
Victoria Centre land under section 95C, the
Governor in Council, on behalf of the
Crown, may grant a lease of the Racing
20
Victoria Centre land to Racing Victoria for
the purposes of the administration of horse
racing, including--
(a) the use of that land for purposes
connected with and for the benefit of
25
horse racing and other sports in
Victoria; and
(b) training, research and analytical testing.
(2) A lease under sub-section (1) may be for an
initial term not exceeding 64 years.
30
6
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 2--Racing Act 1958
s. 4
(3) A lease granted under sub-section (1)--
(a) may contain provision for the term of
the lease to be extended one or more
times, but--
(i) each extension of the term must
5
not exceed 64 years; and
(ii) the aggregate of the initial term
and any extensions of the term
must not exceed 99 years; and
(b) may contain provision for a lessee to
10
remain in occupation of the land under
the same terms and conditions as
existed under the lease, at the discretion
of the lessor, for a period of not more
than 3 months from the expiry of the
15
lease; and
(c) is subject to any other covenants,
exceptions, reservations and conditions
that are determined by the Governor in
Council.
20
95E. Power to enter agreements to use, sub-
lease or assign interest in Racing Victoria
Centre land
(1) Subject to sub-section (2), on or after the
granting a Crown lease of the Racing
25
Victoria Centre land under section 95D,
Racing Victoria may use, sub-let or assign its
interest in the Racing Victoria Centre land or
any part of that land if, in the opinion of
Racing Victoria the use, letting or
30
assignment--
(a) is for a purpose consistent with the
purposes specified in section 95D; and
(b) will not prevent or hinder Racing
Victoria from carrying out its functions.
35
7
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 2--Racing Act 1958
s. 4
(2) Racing Victoria must obtain the written
approval of the Minister before exercising a
power under sub-section (1).
(3) An agreement to use, a sub-lease or an
assignment of an interest entered into under
5
this section--
(a) may be for a term determined by
Racing Victoria not exceeding
21 years; and
(b) is subject to any other covenants,
10
exceptions, reservations and conditions
that are determined by Racing Victoria.
95F. Registrar of Titles to make necessary
amendments
The Registrar of Titles, on being requested to
15
do so, must make any recordings in or
amendments to the Register under the
Transfer of Land Act 1958 that are
necessary because of the operation of any
provision of this Part.'.
20
__________________
8
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 3--Gambling Regulation Act 2003
s. 5
See:
PART 3--GAMBLING REGULATION ACT 2003
Act No.
114/2003
5. Definition and
amending
In section 1.3(1) of the Gambling Regulation Act Nos
10/2004,
Act 2003, after the definition of "race" insert-- 16/2004,
33/2004,
' "race field" means any information that
5 45/2004,
identifies, or is capable of identifying, the 54/2004,
70/2004,
names or numbers of the horses or 104/2004 and
greyhounds-- 108/2004.
LawToday:
www.dms.
(a) nominated for, or which will otherwise dpc.vic.
take part in, an intended horse race,
10 gov.au
harness race or greyhound race to be
conducted in Victoria; or
(b) that have been scratched or withdrawn
from an intended horse race, harness
race or greyhound race to be conducted
15
in Victoria;'.
6. New section 2.5.16A inserted
After section 2.5.16 of the Gambling Regulation
Act 2003 insert--
'2.5.16A Restrictions on publication of race fields
20
(1) A wagering service provider must not, in
Victoria or elsewhere, publish or otherwise
make available a race field for valuable
consideration without the approval of the
appropriate controlling body.
25
Penalty: 60 penalty units.
(2) Sub-section (1) does not apply to--
(a) the licensee within the meaning of
Chapter 4; or
(b) the wagering operator; or
30
9
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 3--Gambling Regulation Act 2003
s. 6
(c) an approved bookmaker; or
(d) a publication that is approved under
section 2.5.19.
(3) In this section--
"betting exchange" means a facility,
5
electronic or otherwise, that provides a
mechanism through which--
(a) offers to enter into wagering
contracts are regularly made and
accepted; or
10
(b) offers or invitations to enter into
wagering contracts are regularly
made that are intended to result, or
may reasonably be expected to
result, directly or indirectly, in the
15
acceptance of the offers or
invitations;
"controlling body" has the same meaning
as in section 83F of the Racing Act
1958;
20
"publish" means publish or disseminate, or
cause to be published or disseminated,
in any form or by any method of
communication;
"wagering contract" means a contract,
25
arrangement or understanding--
(a) to make a bet or wager; or
(b) to enter into or take a share or
interest in another transaction that
involves a bet or wager;
30
10
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 3--Gambling Regulation Act 2003
s. 7
"wagering service provider" means--
(a) a person who operates a totalisator
in Victoria or elsewhere;
(b) a person who operates a betting
exchange in Victoria or elsewhere;
5
(c) a person who, in Victoria or
elsewhere, carries on the business
of, or acts as, a bookmaker or turf
commission agent;
(d) a person who, in Victoria or
10
elsewhere, gains or endeavours to
gain their livelihood wholly or
partly by betting or making
wagers;
(e) an employee or agent of a person
15
mentioned in paragraph (a), (b),
(c) or (d).'.
7. Certain communications etc. exempted
In section 2.5.19 of the Gambling Regulation
Act 2003--
20
(a) in sub-section (1), after "betting odds" insert
"or race fields";
(b) in sub-section (2), for "betting odds
prevailing at a race meeting" substitute
"betting odds prevailing at, or race fields
25
relating to, a race meeting".
8. Health benefit levy
(1) In the formula set out in section 3.6.3(1) of the
Gambling Regulation Act 2003, for "$1533.33"
substitute "$3033.33".
30
11
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 3--Gambling Regulation Act 2003
s. 9
(2) After section 3.6.3(4) of the Gambling
Regulation Act 2003 insert--
"(5) Sub-section (1) as amended by section 8(1)
of the Racing and Gambling Acts
(Amendment) Act 2005 applies to the
5
health benefit levy for the financial year
beginning on 1 July 2005 and each
subsequent financial year.".
9. Repeal of spent amending Acts
The following Acts are repealed--
10
(a) the Gaming Machine Control
(Amendment) Act 1993;
(b) the Gaming Machine Control (General
Amendment) Act 1993;
(c) the Gaming Machine Control (Community
15
Support Fund) Act 1996;
(d) the Gaming Acts (Miscellaneous
Amendment) Act 1997.
10. Statute law revision--Gambling Regulation
(Further Amendment) Act 2004
20
(1) Section 36(6) of the Gambling Regulation
(Further Amendment) Act 2004 is repealed.
(2) For section 36(7) of the Gambling Regulation
(Further Amendment) Act 2004 substitute--
'(7) For section 10.4.3(3)(b) of the Principal Act
25
substitute--
"(b) any commissioner, in relation to an
application for--
(i) a gaming industry employee's
licence;
30
(ii) approval as a nominee of a venue
operator under section 3.4.14;
12
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 3--Gambling Regulation Act 2003
s. 10
(iii) approval as a nominee of a bingo
centre operator under
section 8.5.9;
(iv) approval as a nominee of a
commercial raffle organiser under
5
section 8.5A.10.".'.
(3) Section 36(9) of the Gambling Regulation
(Further Amendment) Act 2004 is repealed.
(4) For section 36(10) of the Gambling Regulation
(Further Amendment) Act 2004 substitute--
10
'(10) For section 10.4.4(3)(b) of the Principal Act
substitute--
"(b) any commissioner, in relation to an
application for--
(i) a gaming industry employee's
15
licence;
(ii) approval as a nominee of a venue
operator under section 3.4.14;
(iii) approval as a nominee of a bingo
centre operator under
20
section 8.5.9;
(iv) approval as a nominee of a
commercial raffle organiser under
section 8.5A.10.".'.
__________________
13
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Part 4--Casino Control Act 1991
s. 11
See: PART 4--CASINO CONTROL ACT 1991
Act No.
47/1991.
11. Health benefit levy
Reprint No. 6
as at
(1) In the formula set out in section 114A(1) of the
1 July 2004
and
Casino Control Act 1991, for "$1533.33"
amending
substitute "$3033.33".
5 Act Nos
33/2004,
104/2004 and (2) For section 114A(5) of the Casino Control Act
108/2004.
1991 substitute--
LawToday:
www.dms.
"(5) Sub-section (1) as amended by section 11(1)
dpc.vic.
gov.au
of the Racing and Gambling Acts
(Amendment) Act 2005 applies to the
10
health benefit levy for the financial year
beginning on 1 July 2005 and each
subsequent financial year.".
14
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
Racing and Gambling Acts (Amendment) Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
15
551333B.I1-24/5/2005 BILL LA INTRODUCTION 24/5/2005
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