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RACING AND GAMING ACTS (POLICE POWERS) BILL 2005

                 PARLIAMENT OF VICTORIA

 Racing and Gaming Acts (Police Powers) Act 2005
                                  Act No.


                       TABLE OF PROVISIONS
Clause                                                                    Page

PART 1--PRELIMINARY                                                          2
  1.     Purposes                                                            2
  2.     Commencement                                                        2

PART 2--AMENDMENT OF RACING ACT 1958                                         3
  3.     Definitions                                                         3
  4.     New Division 5 of Part I inserted                                   4
         Division 5--Exclusion Orders by Chief Commissioner of
         Police                                                              4
         33.    Exclusion orders by Chief Commissioner of Police             4
         34.    Duration of exclusion orders                                 5
         35.    List and photographs of excluded persons                     5
         35A. Provision of list and photographs to stewards                  6
         35B. Excluded person not to enter race-course                       6
         35C. Notifying police of presence of excluded persons               6
         35D. Police powers of entry to a race-course                        6
  5.     New Schedule 2 inserted                                             7
         Schedule 2--Specified Race-courses                                  7

PART 3--AMENDMENT OF CASINO CONTROL ACT 1991                                14
  6.     Section 1 substituted                                              14
         1.       Purposes                                                  14
  7.     Definitions                                                        14
  8.     Amendment of section 74--Exclusion orders by Chief
         Commissioner of Police                                             15
  9.     Amendment of section 76--List of excluded persons                  15
  10.    Section 77 substituted                                             16
         77.      Excluded person not to enter casino or casino complex     16
  11.    New section 77A inserted                                           16
         77A. Proceedings against certain excluded persons                  16
  12.    Amendment of section 78--Removal of excluded persons from
         casino                                                             17




                                      i
551304B.I1-18/5/2005                          BILL LA INTRODUCTION 18/5/2005

 


 

Clause Page 13. New sections 78AA and 78AB inserted 17 78AA. Notification requirements for exclusion orders made under section 74 17 78AB. Power of Commission and inspectors to notify 18 14. Amendment of section 78A 18 15. New section 169 inserted 18 169. Transitional provisions--Racing and Gaming Acts (Police Powers) Act 2005 18 ENDNOTES 19 ii 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

PARLIAMENT OF VICTORIA A BILL to amend the Racing Act 1958 to enable the Chief Commissioner of Police to issue exclusion orders with respect to race-courses, to amend the Casino Control Act 1991 to expand the scope of exclusion orders issued by the Chief Commissioner of Police under that Act and for other purposes. Racing and Gaming Acts (Police Powers) Act 2005 The Parliament of Victoria enacts as follows: 1 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 1--Preliminary s. 1 PART 1--PRELIMINARY 1. Purposes The purposes of this Act are to-- (a) amend the Racing Act 1958 to enable the Chief Commissioner of Police to issue 5 exclusion orders with respect to race- courses; (b) amend the Casino Control Act 1991 to expand the scope of exclusion orders issued by the Chief Commissioner of Police so that 10 they apply to the Casino Complex. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. __________________ 2 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 3 See: PART 2--AMENDMENT OF RACING ACT 1958 Act No. 6353. 3. Definitions Reprint No. 12 as at (1) In section 3(1) of the Racing Act 1958-- 26 September 2002 (a) insert the following definitions-- and amending Act Nos ' "chief steward", in relation to a controlling 5 45/2003, body, means-- 96/2003, 114/2003, (a) in the case of horse racing, the 45/2004 and 108/2004. person appointed as chairman of LawToday: stewards by Racing Victoria; www.dms. dpc.vic. (b) in the case of harness racing, the gov.au 10 person appointed as chairman of stewards by Harness Racing Victoria; (c) in the case of greyhound racing, the person appointed as chief 15 steward by Greyhound Racing Victoria; "controlling body" has the same meaning as in Part IIIB; "exclusion order" means a written order 20 under section 33; "police member" means member of the force within the meaning of the Police Regulation Act 1958; "specified race-course" means-- 25 (a) an area of land described in an item in Schedule 2; (b) an area of land prescribed by the regulations to be a specified race- course for the purposes of 30 Division 5; 3 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 4 "steward" has the same meaning as in Part IIIB.'; (b) in the definition of "spouse", for "married." substitute "married;". (2) After section 3(4) of the Racing Act 1958 5 insert-- '(5) In this Part, the "duration of a race-meeting" must be determined in accordance with section 14A.'. 4. New Division 5 of Part I inserted 10 After Division 4 of Part I of the Racing Act 1958 insert-- "Division 5--Exclusion Orders by Chief Commissioner of Police 33. Exclusion orders by Chief Commissioner 15 of Police (1) The Chief Commissioner of Police may, if he or she considers it necessary in the public interest, by written order given to a person, prohibit the person from entering, or 20 remaining at-- (a) a specified race-course; or (b) two or more specified race-courses-- for the duration of a race-meeting at the race- course. 25 (2) Nothing in this section empowers the Chief Commissioner of Police to make an exclusion order in respect of a person who holds a bookmaking licence or an occupational racing licence within the 30 meaning of Part IIIC. 4 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 4 34. Duration of exclusion orders An exclusion order remains in force in respect of a person until it is revoked by the Chief Commissioner of Police. 35. List and photographs of excluded persons 5 (1) The Chief Commissioner of Police must prepare and keep a list of names of persons who are the subject of an exclusion order and indicate the specified race-course to which that order relates. 10 Note: Under section 37(c) of the Interpretation of Legislation Act 1984, words in the singular also include the plural. (2) The Chief Commissioner of Police must-- (a) on the making of an exclusion order, 15 add the name of the person the subject of the order to the list kept under sub- section (1); and (b) on the amendment of an exclusion order made with respect to the order's 20 scope, add to or omit from the list kept under sub-section (1) a specified race- course in accordance with that amendment; and (c) on the revocation of an exclusion order, 25 omit the name of the person who was the subject of the order from the list kept under sub-section (1). (3) The Chief Commissioner of Police must ensure that an up-to-date copy of a list kept 30 under sub-section (1) is provided to the chief steward of each of the controlling bodies as soon as practicable after the list is prepared under that sub-section or amended under sub-section (2), as the case requires. 35 5 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 4 (4) The Chief Commissioner of Police must, if he or she has one, give to the chief steward of each of the controlling bodies a photograph of each person whose name is on the list provided to the chief steward under 5 sub-section (3) as soon as practicable after the name of the person is added to the list. 35A. Provision of list and photographs to stewards The chief steward of a controlling body may 10 give to a steward a copy of the up-to-date list and photographs provided to the chief steward under section 35. 35B. Excluded person not to enter race-course A person who is the subject of an exclusion 15 order relating to a specified race-course must not enter, or remain at, the race-course at any time during the duration of a race-meeting. Penalty: 20 penalty units. 35C. Notifying police of presence of excluded 20 persons A steward who reasonably believes that a person who is the subject of an exclusion order is at a specified race-course at any time during the duration of a race-meeting, must 25 notify a police member as soon as practicable. 35D. Police powers of entry to a race-course A police member may, on being authorised by a steward so to do, enter any part of a 30 specified race-course to which the public does not have access and remain there for the purpose of enforcing an exclusion order for the duration of a race-meeting.". 6 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 5 5. New Schedule 2 inserted After Schedule 1 to the Racing Act 1958 insert-- "SCHEDULE 2 SPECIFIED RACE-COURSES 5 Item 1--Beckley Park Description of land by reference to Instrument and date of Government Purpose of Gazette reservation Situation of land reservation Parish of Order in Government Racecourse and Moranghurk Council dated Gazette dated Recreation, County of 7 February 8 February 1984, temporary Grant being 1984 page 400, less Crown authorised Allotment 79E excisions Item 2--Caulfield Racecourse Crown Grant or Certificate Situation of land of Title details Parish of Prahran at Caulfield, County of Volume 7275 Folio 814 Bourke, being Crown Allotment A, subject to two reservations Item 3--Cranbourne Racecourse Description of land Instrument and by reference to Government Purpose of date of Situation of land reservation Gazette reservation Township of Order in Government Site for Cranbourne, Council dated Gazettes dated Racecourse and Parish of 20 August 13 July 1888, other purposes of Cranbourne, 1888 page 2304 and Public County of 24 August 1888, Recreation, Mornington, page 2658 permanent being Crown Allotment 21H 7 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 5 Description of land by reference to Instrument and date of Government Purpose of Gazette reservation Situation of land reservation Parish of Order in Government Racecourse and Cranbourne, Council dated Gazette dated Public County of 10 August 12 August 1999, Recreation, Mornington 1999 page 1885 temporary being Crown Allotment 17G, formerly Lot 1 on Plan of Subdivision No. 210254M Item 4--Flemington Racecourse Situation of land Certificate of Title details Parish of Doutta Galla, County of Bourke, Crown Lease: Volume being Crown Allotment 28E Section 2, 1205 Folio 019 shown as Lot 1 on Title Plan 843408B Parish of Doutta Galla, County of Bourke, Crown Lease: Volume being Crown Allotment 28F section 2 10757 Folio 757 Parish of Doutta Galla, County of Bourke, Volume 1428 Folio 407 being Lot 1 on Title Plan 633379A, (formerly known as part of Crown Allotment 29) Item 5--Geelong Racecourse Description of land Instrument and by reference to Government Purpose of date of Situation of land reservation Gazette reservation City of Order in Government Site for Public Geelong, Council dated Gazette dated Racecourse and Parish of 30 July 1963 7 August 1963, Recreation, Corio, County page 2436 temporary of Grant, being Crown Allotment 14 of Section 6A 8 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 5 Description of land by reference to Instrument and date of Government Purpose of Gazette reservation Situation of land reservation City of Order in Government Site for Public Geelong, Council dated Gazette dated purposes (Car Parish of 30 July 1963 7 August 1963, Park), temporary Corio, County page 2436 of Grant, being Crown Allotment 13 of Section 6A Item 6--Kilmore Racing Complex Description of land by Crown Grant Instrument reference to or Certificate Situation of and date of Government of Title Purpose of reservation Gazette Land details reservation Parish of Order in Government Volume Site for a Glenburnie, Council Gazettes dated 1989 Folio Racecourse County of dated 8 July 1887, 650 and other Dalhousie, 8 August page 2011 and purposes of being 1887 12 August Public Crown 1887, Recreation, Allotment page 2408 permanent 13M1 Parish of Order in Government Site for Glenburnie, Council Gazette dated Public Park County of dated 22 August and Dalhousie, 14 August 1973, Gardens, being 1973 pages 3015 temporary Crown and 3016 Allotment 13M2 Parish of Order in Government Site for Glenburnie, Council Gazette dated Racecourse County of dated 22 August and other Dalhousie 14 August 1973, page purposes being 1973 3015 of Public Crown Recreation, Allotment temporary 13M3 9 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 5 Description of land by Crown Grant Instrument reference to or Certificate and date of Government Situation of of Title Purpose of Land reservation Gazette details reservation Parish of Order in Government Site for Glenburnie, Council Gazette dated Public Park County of dated 22 August and Dalhousie, 14 August 1973, pages Gardens, being 1973 3015 and 3016 temporary Crown Allotment 13M4 Item 7--Moonee Valley Racecourse Crown Grant or Certificate of Title details Situation of land Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 756 being Lots 1 to 45 inclusive on Title Plan 856995J, formerly known as part of Crown Allotment 4 Section 5, being Lots 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 158, 159, 160, 161, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202 and parts of lots 80, 100, 162, 163, 164, 165, 166, 167 and parts of roads and reserve on Plan of Subdivision 2241 Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 753 being Lot 1 on Title Plan 107267A, formerly known as part of Crown Allotment 5 Section 5 Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 752 being Lot 1 on Title Plan 107266C, formerly known as part of Crown Allotment 4 Section 5 Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 755 being Lot 1 on Title Plan 107269V, formerly known as part of Crown Allotment 4 Section 5 Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 754 being Lots 1 and 2 on Title Plan 107268X, formerly known as part of Crown Allotment 5 and 6 Section 5 10 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 5 Item 8--Mornington Racecourse Description of land Instrument and by reference to Government Purpose of date of Situation of Land reservation Gazette reservation Parish of Order in Government Site for Moorooduc, Council dated Gazette dated Racecourse and County of 14 May 1974 22 May 1974, Recreation, Mornington, pages 1740 and temporary being Crown 1741, less Allotment B1 authorised excision Item 9--Pakenham Racecourse Crown Grant or Certificate of Situation of land Title details Parish of Nar-nar-goon, County of Volume 10244 Folio 195 Mornington, being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 on Title Plan 121556M, formerly known as Lots 31, 32, 33, 35, 36, 37, 38, 39, 40 and 41 on Plan of Subdivision 1337 Parish of Nar-nar-goon, County of Volume 9897 Folio 958 Mornington, being Lot 1 Title Plan 649221B, formerly known as part of Crown Portion 42 Parish of Nar-nar-goon, County of Volume 9884 Folio 194 Mornington, being Lot 3 on Plan of Subdivision 210772N Parish of Nar-nar-goon, County of Volume 10115 Folio 011 Mornington, being Crown Allotment 42A, freehold Parish of Nar-nar-goon, County of Volume 8944 Folio 332 Mornington, being land in Plan of Consolidation 100914 11 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 5 Item 10--Sandown Park Crown Grant or Certificate of Situation of land Title details Parish of Dandenong, County of Bourke, Volume 8795 Folio 787 being Lot 1 on Title Plan 817734K, being the Land remaining untransferred in Volume 8795 Folio 787 Item 11--Sandown Racecourse Crown Grant or Certificate of Title details Situation of land Parish of Dandenong, County of Bourke, Volume 8349 Folio 488 being Lot 1 on Title Plan 710223H, formerly known as part of Lot 2 on Plan of Subdivision 48537 Item 12--The Meadows Racecourse Crown Grant or Certificate of Title details Situation of land Parish of Will-will-rook, County of Bourke, Volume 10389 Folio 017 being Lot 4 on Plan of Subdivision 348064G Item 13--Werribee Racecourse Description of land by reference to Instrument and date of Government Purpose of Gazette reservation Situation of land reservation Township of Order in Government Racecourse and Werribee, Council Gazette dated purposes of (formerly known dated 3 May 1861, General as Township 22 April pages 875 Recreation, Reserve of 1861 and 876 temporary Wyndham), Parish of Mambourin, County of Grant, being Crown Allotment 25D Section 17 12 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 2--Amendment of Racing Act 1958 s. 5 Item 14--Yarra Valley Racecourse Description of land Instrument and by reference to Government Purpose of date of Situation of land reservation Gazette reservation Parish of Tarrawarra, County of Evelyn, being Crown Allotment 23B Section B Parish of Order in Government Site for Public Tarrawarra, Council dated Gazette dated purposes County of 5 September 11 September (Racecourse and Evelyn, being 1974 1974 pages 3371 Recreation), Crown and 3372 temporary Allotment 23C Section B (shown in gazettal as Allotment 23A Section B Parish of Tarrawarra) ". __________________ 13 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 3--Amendment of Casino Control Act 1991 s. 6 See: PART 3--AMENDMENT OF CASINO CONTROL ACT 1991 Act No. 47/1991. 6. Section 1 substituted Reprint No. 6 as at For section 1 of the Casino Control Act 1991 1 July 2004 and substitute-- amending Act Nos "1. Purposes 5 33/2004, 104/2004 and The purposes of this Act are-- 108/2004. LawToday: (a) to establish a system for the licensing, www.dms. dpc.vic. supervision and control of casinos with gov.au the aims of-- (i) ensuring that the management and 10 operation of casinos remains free from criminal influence or exploitation; and (ii) ensuring that gaming in casinos is conducted honestly; and 15 (iii) promoting tourism, employment, and economic development generally in the State; (b) to provide for actions that may be taken by the Chief Commissioner of Police 20 with the aim of ensuring that the casino complex remains free from criminal influence or exploitation.". 7. Definitions In section 3(1) of the Casino Control Act 1991-- 25 (a) insert the following definition-- ' "casino complex" means that part of the land shown in the colour grey on the plan lodged in the Central Plan Office of the Department of Sustainability and 30 Environment and numbered LEGL./05­141 that is open to the 14 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 3--Amendment of Casino Control Act 1991 s. 8 public but excluding that part of the land shown coloured grey and hatched on Crown Allotment 58E that is a road running under the building on that land;'. 5 (b) in the definition of "exclusion order", after "a casino" insert "or the casino complex"; (c) in the definition of "public interest" or "interest of the public" for "sections 143 and 151" substitute "section 74". 10 8. Amendment of section 74--Exclusion orders by Chief Commissioner of Police (1) In section 74(1) of the Casino Control Act 1991-- (a) after "may," insert "if he or she considers it 15 necessary in the public interest,"; (b) after "a casino" insert "or the casino complex". (2) After section 74(1) of the Casino Control Act 1991 insert-- 20 "(1A) An order under sub-section (1) made in respect of the casino complex must include a copy of the plan lodged in the Central Plan Office of the Department of Sustainability and Environment and numbered 25 LEGL./05­141.". 9. Amendment of section 76--List of excluded persons In section 76(1) of the Casino Control Act 1991 for "exclusion orders for the casino" substitute "exclusion orders under section 72 for the casino, 30 or exclusion orders under section 74 for the casino or casino complex". 15 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 3--Amendment of Casino Control Act 1991 s. 10 10. Section 77 substituted For section 77 of the Casino Control Act 1991 substitute-- "77. Excluded person not to enter casino or casino complex 5 (1) A person the subject of an exclusion order under section 72 relating to a casino must not enter or remain in the casino. Penalty: 20 penalty units. (2) A person the subject of an exclusion order 10 under section 74 relating to a casino or the casino complex must not enter, or remain in, the casino or casino complex. Penalty: 20 penalty units. (3) A person the subject of an interstate 15 exclusion order must not enter or remain in a casino. Penalty: 20 penalty units.". 11. New section 77A inserted After section 77 of the Casino Control Act 1991 20 insert-- "77A. Proceedings against certain excluded persons Despite section 10.5.31 of the Gambling Regulation Act 2003, a proceeding for an 25 offence against section 77(2) or (3) may only be brought by a member of the police force.". 16 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 3--Amendment of Casino Control Act 1991 s. 12 12. Amendment of section 78--Removal of excluded persons from casino (1) In section 78(2) of the Casino Control Act 1991-- (a) for "knows" substitute "reasonably 5 believes"; (b) after "exclusion order" (where first occurring) insert "under section 72"; (c) omit "or interstate exclusion order". (2) In section 78(4)(a) of the Casino Control Act 10 1991 for "or interstate exclusion order" substitute "under section 72". 13. New sections 78AA and 78AB inserted After section 78 of the Casino Control Act 1991 insert-- 15 "78AA. Notification requirements for exclusion orders made under section 74 (1) This section applies to the following persons in a casino-- (a) the person for the time being in charge 20 of the casino; (b) an agent of the casino operator; (c) a casino employee. (2) A person to whom this section applies who reasonably believes that a person the subject 25 of an exclusion order under section 74 or an interstate exclusion order is in the casino, must notify a member of the police force as soon as practicable. Penalty: 20 penalty units. 30 17 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Part 3--Amendment of Casino Control Act 1991 s. 14 78AB. Power of Commission and inspectors to notify (1) If the Commission or an inspector reasonably believes that a person the subject of an exclusion order under section 74 or an 5 interstate exclusion order is in the casino, the Commission or inspector may notify a member of the police force. (2) A function of the Commission under this section may be performed by any 10 commissioner.". 14. Amendment of section 78A In section 78A(1) of the Casino Control Act 1991 for "relating to the casino" (where secondly occurring) substitute "under section 72 or 74". 15 15. New section 169 inserted After section 168 of the Casino Control Act 1991 insert-- '169. Transitional provisions--Racing and Gaming Acts (Police Powers) Act 2005 20 (1) In this section-- "commencement day" means the day on which the Racing and Gaming Acts (Police Powers) Act 2005 comes into operation. 25 (2) An exclusion order made under section 74 and in force immediately before the commencement day continues, until it is revoked, to have the same application in respect of a person on and after that day as it 30 had before that day.'. 18 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


 

Racing and Gaming Acts (Police Powers) Act 2005 Act No. Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 19 551304B.I1-18/5/2005 BILL LA INTRODUCTION 18/5/2005

 


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