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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Racing (Racing Victoria Ltd) Act 2001
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. Definition 2
4. Insertion of new sections 3A and 3B 2
3A. Certification of company to be Racing Victoria 2
3B. Repeal or modification of constitution of Racing
Victoria 3
5. Insertion of new sections 96A and 96B 5
96A. Transitional provision for introduction of Racing
Victoria--Racing (Racing Victoria Ltd) Act 2001 5
96B. Operation of Racing (Racing Victoria Ltd) Act 2001 8
6. Further amendment of the Racing Act 1958 8
7. Amendments to the Gaming and Betting Act 1994 8
8. Amendments to the Accident Compensation Act 1985 9
__________________
SCHEDULES 12
SCHEDULE 1--Amendments to the Racing Act 1958 12
SCHEDULE 2--Insertion of new Schedule 1 in the Racing Act 1958 15
ENDNOTES 25
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541177B.I1-4/5/2001 BILL LA CIRCULATION 4/5/2001
PARLIAMENT OF VICTORIA
Initiated in Assembly 2 May 2001
A BILL
to amend the Racing Act 1958 to provide for the recognition of a
body to be responsible for the carrying out of certain powers and
functions relating to horse racing and to confer powers and functions
on that body and for other purposes.
Racing (Racing Victoria Ltd) Act 2001
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are to amend the Racing
Act 1958--
(a) to provide for the recognition of a body to be
5 responsible for the carrying out of certain
powers and functions relating to horse
racing; and
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(b) to confer powers and functions on that body;
and
(c) to provide for other related matters.
2. Commencement
5 (1) This section and sections 1 and 4 come into
operation on the day after the day on which this
Act receives the Royal Assent.
(2) Subject to sub-section (3), the remaining
provisions of this Act come into operation on a
10 day to be proclaimed.
(3) A day must not be fixed for the coming into
operation of the remaining provisions of this Act
that is before the day on which a certification
made by the Minister under section 3A(1) of the
15 Racing Act 1958 takes effect.
See:
3. Definition Act No.
6353.
In section 3(1) of the Racing Act 1958 insert the Reprint No. 11
following definition-- as at
3 July 2000
' "Racing Victoria" means the company certified and
amending
20 by the Minister under section 3A(1) to be Act No.
Racing Victoria;'. 74/2000.
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4. Insertion of new sections 3A and 3B
After section 3 of the Racing Act 1958 insert--
"3A. Certification of company to be Racing
25 Victoria
(1) For the purposes of this Act, the Minister
may certify that a company is Racing
Victoria.
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s. 4
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(2) The Minister must not make a certification
under sub-section (1) unless--
(a) the company is registered as a company
limited by guarantee; and
5 (b) the Minister is satisfied that the
constitution of the company includes
provisions as set out in Schedule 1 or
that are to the effect of the provisions
set out in Schedule 1.
10 (3) As soon as possible after making a
certification under sub-section (1), the
Minister must cause the certification and a
copy of the constitution of the company to be
published in the Government Gazette.
15 (4) A certification under sub-section (1) has
effect from the beginning of the day on
which it is published in the Government
Gazette.
(5) Once the Minister has made a certification
20 under sub-section (1), the power to make the
certification is exhausted and the Minister
does not have the power to make any further
certification under that sub-section.
3B. Repeal or modification of constitution of
25 Racing Victoria
(1) If Racing Victoria resolves, by special
resolution, to modify or repeal its
constitution or a provision of its constitution,
the company, on making such a special
30 resolution, must notify the Minister of the
special resolution.
(2) The Minister must cause a copy of a
notification given under sub-section (1) to be
laid before each House of Parliament, on or
35 before the first sitting day of that House that
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occurs on or after 30 days from the day on
which the Minister received the notification.
(3) A House of Parliament may, on or before the
6th sitting day of that House after a copy of
5 the notification is laid before it under sub-
section (2), resolve to disapprove the special
resolution.
(4) If a House of Parliament is prorogued or the
Legislative Assembly is dissolved--
10 (a) the prorogation or dissolution does not
affect the power of the House to pass a
resolution disapproving the special
resolution; and
(b) the calculation of sitting days of the
15 House is to be made as if there had
been no prorogation or dissolution.
(5) Within 14 days after the last day on which a
special resolution could be disapproved by a
House of Parliament, the Minister must
20 cause to be published in the Government
Gazette a certification as to whether or not
the special resolution has been disapproved
by a House of Parliament.
(6) A special resolution which has been
25 disapproved by a House of Parliament has no
effect.
(7) A special resolution which has not been
disapproved by either House of Parliament
cannot have effect until on or after the
30 publication of the certification under sub-
section (5).".
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Racing (Racing Victoria Ltd) Act 2001
s. 5
Act No.
5. Insertion of new sections 96A and 96B
At the end of Part V of the Racing Act 1958
insert--
'96A. Transitional provision for introduction of
5 Racing Victoria--Racing (Racing Victoria
Ltd) Act 2001
(1) In this section--
"amending Act" means the Racing (Racing
Victoria Ltd) Act 2001;
10 "appointed day" means the day on which
sections 3 and 6 of the amending Act
come into operation;
"Club" means The Victoria Racing Club.
(2) On and from the appointed day--
15 (a) an authorisation made by the Club
under section 7 and in force
immediately before the appointed day,
is deemed to continue in force as if it
had been made by Racing Victoria;
20 (b) a date or time for a horse race-meeting,
that has been fixed by or under rules of
the Club and in force immediately
before the appointed day, is to be taken
to be the date or time of the horse race-
25 meeting as if it had been fixed by
Racing Victoria;
(c) an appeal made under Part IIIB against
a decision of the Club, that has been
commenced but not completed
30 immediately before the appointed day,
is deemed to be an appeal against a
decision of Racing Victoria;
(d) a right of appeal under Part IIIB against
a decision of the Club, that is in
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existence but has not been exercised
immediately before the appointed day,
is deemed to be a right of appeal
against a decision of Racing Victoria;
5 (e) an appeal made under Part IIIC against
a decision of the Club, that has been
commenced but not completed
immediately before the appointed day,
is deemed to be an appeal against a
10 decision of Racing Victoria;
(f) a right of appeal under Part IIIC against
a decision of the Club, that is in
existence but has not been exercised
immediately before the appointed day,
15 is deemed to be a right of appeal
against a decision of Racing Victoria;
(g) a club bookmaker's licence within the
meaning given by section 84 issued by
the Club in accordance with Part IV,
20 that is in force immediately before the
appointed day, is deemed to continue in
force as if it had been issued by Racing
Victoria;
(h) rules made by the Committee of the
25 Club under section 91A and under
section 91B and in force immediately
before the appointed day, are deemed to
be rules made by Racing Victoria.
(3) On and from the appointed day--
30 (a) a picnic race-meeting permit issued by
the Minister under section 18, that is in
force immediately before the appointed
day, is to be taken to be not affected by
any amendment to section 18 made by
35 the amending Act;
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(b) a point-to-point steeplechase permit
issued by the Minister under section 20,
that is in force immediately before the
appointed day, is to be taken to be
5 not affected by any amendment to
section 20 made by the amending Act;
(c) a racing club licence issued by the
Minister under section 24A, that is in
force immediately before the appointed
10 day, is to be taken to be not affected by
any amendment to section 24A made
by the amending Act;
(d) the appointment of the member of the
Bookmakers and Bookmakers' Clerks
15 Registration Committee under section
85(2)(b), that is in force immediately
before the appointed day, is to be taken
to be not affected by any amendment to
section 85(2)(b) made by the amending
20 Act.
(4) On and from the appointed day--
(a) all rights, property and assets of the
Club in relation to the fund established
under section 91C by the Club, that
25 immediately before the appointed day
were vested in the Club, vest in Racing
Victoria;
(b) all debts, liabilities and obligations of
the Club, in relation to the fund
30 established under section 91C by the
Club, existing immediately before the
appointed day, become debts, liabilities
and obligations of Racing Victoria;
(c) any guidelines issued by the Club under
35 section 91C(5), for the purposes of the
fund established under section 91C by
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the Club, and in force immediately
before the appointed day, are deemed to
be guidelines issued by Racing
Victoria.
5 96B. Operation of Racing (Racing Victoria Ltd)
Act 2001
This Act, as amended by any provision of
the Racing (Racing Victoria Ltd) Act
2001, has effect despite any provision of the
10 Corporations (Victoria) Act 1990 or of the
applicable provisions (as defined in that Act)
of the State.'.
6. Further amendment of the Racing Act 1958
The Racing Act 1958 is amended as set out in
15 Schedules 1 and 2.
See:
7. Amendments to the Gaming and Betting Act 1994 Act No.
37/1994.
(1) In the definition of "licensed club" in section 3(1) Reprint No. 2
of the Gaming and Betting Act 1994, omit "The as at
10 February
Victoria Racing Club,". 2000
and
20 (2) In section 114(2)(c) of the Gaming and Betting amending
Act 1994, for "The Victoria Racing Club" Act Nos
41/1999,
substitute "Racing Victoria". 6/2000,
74/2000 and
88/2000.
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8. Amendments to the Accident Compensation Act 1985
See:
Act No.
(1) In section 16 of the Accident Compensation Act
10191.
Reprint No. 10 1985--
as at
1 July 2000
(a) in sub-section (3)(a), for "The Victoria
and
5 Racing Club" substitute "Racing Victoria";
amending
Act Nos
(b) in sub-section (4)--
54/2000,
74/2000,
(i) in paragraph (a), for "The Victoria
84/2000 and
97/2000.
Racing Club" substitute "Racing
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Victoria";
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dpc.vic.
10 gov.au (ii) in paragraph (b), for "The Victoria
Racing Club" substitute "Racing
Victoria";
(iii) for "The Victoria Racing Club"
substitute "Racing Victoria".
15 (2) At the end of section 16 of the Accident
Compensation Act 1985 insert--
'(5) On and from the relevant day for the
purposes only of this Act--
(a) the liability of The Victoria Racing
20 Club to pay compensation under this
Act in respect of a relevant injury is
transferred to Racing Victoria;
(b) the liability of The Victoria Racing
Club at common law or otherwise in
25 respect of a relevant injury is
transferred to Racing Victoria;
(c) for the purposes of Parts III, IV and VI
and section 242, Racing Victoria is
deemed to be the employer in respect of
30 each person who has suffered a relevant
injury;
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(d) a WorkCover insurance policy obtained
and kept in force by Racing Victoria is
deemed to indemnify Racing Victoria
in respect of all liabilities transferred to
5 Racing Victoria under this sub-section
and the premium payable for such a
policy may be calculated in accordance
with the premiums order as if--
(i) claims in respect of relevant
10 injuries had been made against
Racing Victoria; and
(ii) remuneration under sub-section
(4) has been paid or was payable
by Racing Victoria;
15 (e) in--
(i) any claim or application made
under this Act by or against The
Victoria Racing Club; and
(ii) any proceeding brought by or
20 against The Victoria Racing
Club--
in relation to a relevant injury suffered
by a person, that has not been finalised,
settled or determined, Racing Victoria
25 is deemed to be substituted for The
Victoria Racing Club as a party to the
claim, application or proceeding.
(6) In sub-section (5)--
"relevant day" means the day on which
30 section 8 of the Racing (Racing
Victoria Ltd) Act 2001 comes into
operation;
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"relevant injury" means--
(a) an injury to a person who, at the
time of the injury, was, under sub-
section (4), deemed to be a worker
5 employed by The Victoria Racing
Club, being an injury--
(i) that occurred before the
relevant day; and
(ii) that arose out of, or in the
10 course of or was due to the
nature of the deemed
employment under sub-
section (4); and
(b) the death of a person who suffered
15 an injury to which paragraph (a)
applies, if the death resulted from
or was materially contributed to
by the injury.
(7) For the purposes of giving effect to sub-
20 section (5), The Victoria Racing Club must
transfer to Racing Victoria all relevant
documents and reports that are in the
possession, or under the control, of The
Victoria Racing Club.
25 (8) In this section, "Racing Victoria" has the
same meaning as in the Racing Act 1958.'.
__________________
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Racing (Racing Victoria Ltd) Act 2001
Sch. 1
Act No.
SCHEDULES
SCHEDULE 1
AMENDMENTS TO THE RACING ACT 1958
1. In paragraph (b) of the definition of "specified body" in section 5B(2),
5 for "the Victoria Racing Club" substitute "Racing Victoria".
2. In section 6(1)--
(a) in paragraph (b) omit "The Victoria Racing Club,";
(b) in paragraph (c), for "The Victoria Racing Club" substitute
"Racing Victoria".
10 3. In section 7, for "The Victoria Racing Club" (wherever occurring)
substitute "Racing Victoria".
4. In section 14B, for "The Victoria Racing Club" substitute "Racing
Victoria".
5. In section 18--
15 (a) in sub-section (1), for "The Victoria Racing Club" (wherever
occurring) substitute "Racing Victoria";
(b) in sub-section (2), for "The Victoria Racing Club" substitute
"Racing Victoria";
(c) in sub-section (4)(b), for "The Victoria Racing Club" substitute
20 "Racing Victoria";
(d) in sub-section (6), for "The Victoria Racing Club" substitute
"Racing Victoria".
6. In section 20--
(a) in sub-section (1), for "The Victoria Racing Club" (wherever
25 occurring) substitute "Racing Victoria";
(b) in sub-section (2), for "The Victoria Racing Club" substitute
"Racing Victoria";
(c) in sub-section (4)(b), for "The Victoria Racing Club" substitute
"Racing Victoria";
30 (d) in sub-section (6), for "The Victoria Racing Club" substitute
"Racing Victoria".
7. In section 24A--
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(a) in sub-section (1)(a), for "The Victoria Racing Club" substitute
"Racing Victoria";
(b) in sub-section (10)(b), for "The Victoria Racing Club" substitute
"Racing Victoria".
5 8. In paragraph (a) of the definition of "controlling body" in section 83F,
for "the Victoria Racing Club" substitute "Racing Victoria".
9. In section 83K(4C), for "The Victoria Racing Club" (wherever
occurring) substitute "Racing Victoria".
10. In section 84--
10 (a) in the definition of "club bookmaker's licence", for "The Victoria
Racing Club" substitute "Racing Victoria";
(b) in paragraph (a) of the definition of "controlling body", for "The
Victoria Racing Club" substitute "Racing Victoria";
(c) in the definition of "racing club", after "race-meetings" insert "but
15 does not include Racing Victoria, the Harness Racing Board and
the Greyhound Racing Control Board".
11. In section 85(2)(b), for "the Victoria Racing Club" substitute "Racing
Victoria".
12. In section 91--
20 (a) in sub-section (1)(b), for "The Victoria Racing Club" substitute
"Racing Victoria";
(b) in sub-section (1A)--
(i) for "The Victoria Racing Club" substitute "Racing Victoria";
(ii) for "any other racing club" substitute "any racing club";
25 (c) in sub-section (1B), for "any other racing club" substitute "any
racing club";
(d) in sub-section (1C), for "any other racing club" substitute "any
racing club";
(e) in sub-section (1D), for "the Victoria Racing Club" substitute
30 "Racing Victoria".
13. In section 91A(1)--
(a) for "the Committee of The Victoria Racing Club" substitute
"Racing Victoria";
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(b) in paragraph (a), for "The Victoria Racing Club" substitute
"Racing Victoria";
(c) in paragraph (b), for "The Victoria Racing Club" substitute
"Racing Victoria".
5 14. In section 91B(1), omit "(or, in the case of The Victoria Racing Club,
the Committee of the controlling body)".
15. In paragraph (b) of the definition of "relevant authority" in section
94A(11), for "the Victoria Racing Club" substitute "Racing Victoria".
__________________
10
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Sch. 2
Act No.
SCHEDULE 2
INSERTION OF NEW SCHEDULE 1 IN THE RACING ACT
1958
At the end of the Racing Act 1958 insert--
5 'SCHEDULE 1
REQUIREMENTS FOR THE CONSTITUTION OF RACING
VICTORIA
1. Incorporation of the company
(1) The name of the company is to be Racing Victoria Limited.
10 (2) The company is to be registered as a company limited by
guarantee.
2. Members
The members of the company are to be--
(a) the Victoria Racing Club;
15 (b) the Victoria Amateur Turf Club;
(c) the Moonee Valley Racing Club Inc;
(d) the Victorian Country Racing Council Inc.
3. Object
The object of the company is to develop, encourage and
20 manage the conduct of thoroughbred racing in Victoria in a
manner which--
(a) promotes Victoria as a centre of thoroughbred racing
excellence;
(b) promotes probity in conducting thoroughbred racing;
25 (c) promotes effectiveness and efficiency in the
management of the business performance of the
thoroughbred racing industry;
(d) promotes the provision of excellent service to
customers of the thoroughbred racing industry;
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(e) promotes the widest possible participation in
thoroughbred racing, particularly participation by
women and young persons;
(f) promotes the provision of economic benefits to the
5 State and to participants and stakeholders in
thoroughbred racing and to communities in which
thoroughbred racing operates;
(g) has regard to the need to--
(i) promote Victorian country thoroughbred
10 racing;
(ii) encourage responsible wagering and gaming;
(iii) promote employment within the thoroughbred
racing industry;
(h) is independent and free from improper external
15 commercial influence particularly in respect of
sponsorship agreements and activities.
4. Powers and functions
The company is to have the legal capacity and power--
(a) to exercise any power and perform any function
20 conferred by or under this Act on the company
certified by the Minister under section 3A to be
Racing Victoria;
(b) to exercise any power and perform any function
conferred by any rules relating to the proper
25 management of thoroughbred racing in Victoria made
by the Australian Racing Board;
(c) to receive funding from the TABCORP joint venture
as the body responsible for managing thoroughbred
racing in Victoria;
30 (d) to act as the representative of thoroughbred racing, in
particular in relation to--
(i) the TABCORP joint venture;
(ii) the Australian Racing Board;
(iii) Racing Analytical Services Ltd;
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(e) to market Victorian thoroughbred racing;
(f) to act as the representative of Victorian thoroughbred
racing clubs.
5. Board of Directors
5 (1) Subject to provisions relating to casual vacancies and
additional appointments, the Board of Directors of the
company is to be comprised of the following--
(a) 5 persons appointed by the Appointment Panel;
(b) 1 person nominated by the Victoria Racing Club;
10 (c) 1 person nominated by the Victoria Amateur Turf
Club;
(d) 1 person nominated by the Moonee Valley Racing
Club Inc;
(e) 2 persons nominated by the Victorian Country Racing
15 Council Inc;
(f) the Chief Executive of the Company appointed by the
Board.
(2) The body making an appointment referred to in sub-clause
(1)(a) and any body making a nomination referred to in sub-
20 clause (1)(b), (c), (d) or (e)--
(a) must ensure that the person so appointed or
nominated has knowledge of or experience in one or
more of the following areas--
(i) business, finance, marketing, technology or
25 administration;
(ii) the thoroughbred racing industry;
(b) must ensure that the person so appointed or
nominated has the capacity to ensure best practice in
the management of thoroughbred racing;
30 (c) must have regard to the need to have a diversity of
skills and expertise on the Board.
(3) Despite sub-clause (4), a person who holds an office in any
racing club, either as a committee member or employee,
may be nominated and hold office as a nominated Director
35 until the first annual general meeting of the members of the
company.
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(4) A Director must not have any real, perceived or potential
material conflict of interest in respect of the status or
position or the performance of the duties or responsibilities
as a Director, which may reasonably be regarded as likely to
5 have a significant adverse effect on either the ability of the
Director to properly perform his or her duties or
responsibilities as a Director or on the reputation of the
Board or both, whether arising by reason of the Director or
any person associated with the Director--
10 (a) holding any office or position; or
(b) holding any licence, permit or registration; or
(c) having any direct or indirect interest in any enterprise
or property; or
(d) for any other reason.
15 6. Chairperson and deputy chairperson
(1) The first appointment of the chairperson is to be made by
the Appointment Panel, from the appointed Directors.
(2) The first appointment of the deputy chairperson is to be
made by the Board, from the appointed Directors.
20 (3) Any other appointment of the chairperson and the deputy
chairperson, is to be made by the Board from the appointed
Directors.
7. Terms of appointment
(1) Subject to sub-clauses (2) and (3), Directors are to retire at
25 the end of the third annual general meeting of the members
of the company next following their appointment, but are to
be eligible to be reappointed in accordance with the
constitution.
(2) The persons first appointed to the positions of appointed and
30 nominated Directors are to continue in office until the end
of the annual general meeting of the members in 2004,
subject to any casual vacancies.
(3) In the case of the appointments to positions of appointed
and nominated Directors which immediately follow the first
35 appointments, the following principles are to apply--
(a) the chairperson, deputy chairperson and 2 of the
nominated Directors are to retire at the end of the
annual general meeting of members in 2007;
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(b) 2 appointed Directors and 1 nominated Director are to
retire at the end of the annual general meeting of
members in 2006;
(c) 1 appointed Director and 2 nominated Directors are to
5 retire at the end of the annual general meeting of
members in 2005.
(4) An appointed or nominated Director is not to hold office for
more than 4 terms.
8. Casual vacancies
10 (1) If the office of an appointed Director becomes vacant,
otherwise than by the retirement of the Director at the end of
his or her term of appointment, the vacancy may be filled by
a person appointed to fill that vacancy by the remaining
appointed Directors.
15 (2) If the office of a nominated Director becomes vacant,
otherwise than by the retirement of the Director at the end of
his or her term of office, the vacancy may be filled by a
person nominated to fill that vacancy by the relevant body
referred to in clause 5(1).
20 (3) A person appointed to fill a vacancy referred to in sub-
clause (1) or (2) holds office for the remainder of the term
of the original Director.
9. Quorum
A quorum of the Board is to be 6 Directors.
25 10. Voting
In the case of an equality of votes at any meeting of the
Board, the person presiding at the meeting has a casting vote
in addition to his or her deliberative vote.
11. Remuneration
30 (1) The first determination of remuneration for Directors is to
be made by the Appointment Panel.
(2) Subsequent determinations of remuneration for Directors
are to be made by the company in general meeting
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(3) In making a determination of remuneration, the person
making the determination must--
(a) have regard to the rates of remuneration generally
paid to Directors of other bodies with similar
5 operations to those of the company; and
(b) obtain advice from persons or bodies qualified to give
advice on remuneration.
(4) The remuneration of the Chief Executive is to be determined
by the Board.
10 12. Consultation
(1) The Board must establish proper procedures for consulting
with the following bodies--
(a) the Australian Jumping Racing Association;
(b) the Australian Services Union (Victorian Branch);
15 (c) the Australian Trainers Association (Victorian
Branch);
(d) the Australian Workers Union (Victorian Branch);
(e) the Media and Entertainment Arts Alliance;
(f) Thoroughbred Breeders Victoria;
20 (g) the Thoroughbred Racehorse Owners Association;
(h) the Victorian Bookmakers Association;
(i) the Victorian Jockeys Association;
(j) any other persons or bodies that are entitled to
participate in the making of the nomination referred to
25 in clause 13(1)(e) or (2)(e).
(2) The annual general meeting of the Board must be open to
the public.
13. Appointment Panel
(1) The first Appointment Panel is to consist of--
30 (a) 1 person who is a joint nominee of the Victoria
Racing Club, the Victoria Amateur Turf Club and the
Moonee Valley Racing Club Inc;
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(b) 1 person who is a joint nominee of the Victoria
Racing Club, the Victoria Amateur Turf Club, the
Moonee Valley Racing Club Inc and the Victorian
Country Racing Council Inc;
5 (c) 1 person who is a nominee of the Victorian Country
Racing Council Inc;
(d) 1 person who is a nominee of the Minister;
(e) 1 person who is a joint nominee of--
(i) the Australian Jumping Racing Association;
10 (ii) the Australian Services Union (Victorian
Branch);
(iii) the Australian Trainers Association (Victorian
Branch);
(iv) the Australian Workers Union (Victorian
15 Branch);
(v) the Media and Entertainment Arts Alliance;
(vi) Thoroughbred Breeders Victoria;
(vii) the Thoroughbred Racehorse Owners
Association;
20 (viii) the Victorian Bookmakers Association Ltd;
(ix) the Victorian Jockeys Association;
(x) any other persons or bodies on whom the
Appointment Panel agrees.
(2) Subject to sub-clauses (3) and (4), the membership of the
25 Appointment Panel (after the first Appointment Panel) is to
consist of--
(a) 1 person who is a joint nominee of the Victoria
Racing Club, the Victoria Amateur Turf Club and the
Moonee Valley Racing Club Inc;
30 (b) 1 person who is a nominee of the Victorian Country
Racing Council Inc;
(c) 1 person who is a joint nominee of the Victoria
Racing Club, the Victoria Amateur Turf Club, the
Moonee Valley Racing Club Inc and the Victorian
35 Country Racing Council Inc;
(d) 1 person who is a nominee of the Minister;
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(e) 1 person who is a joint nominee of--
(i) the Australian Jumping Racing Association;
(ii) the Australian Services Union (Victorian
Branch);
5 (iii) the Australian Trainers Association (Victorian
Branch);
(iv) the Australian Workers Union (Victorian
Branch);
(v) the Media and Entertainment Arts Alliance;
10 (vi) Thoroughbred Breeders Victoria;
(vii) the Thoroughbred Racehorse Owners
Association;
(viii) The Victorian Bookmakers Association Ltd;
(ix) the Victorian Jockeys Association;
15 (x) any other persons or bodies on whom the Panel
agrees;
(f) the chairperson of the Board, when the Appointment
Panel is not considering the re-appointment of the
Director occupying the position of chairperson;
20 (g) the deputy chairperson of the Board, when the
Appointment Panel is not considering the re-
appointment of the Director occupying the position of
deputy chairperson.
(3) When the Appointment Panel is considering the re-
25 appointment of the Director occupying the position of
chairperson--
(a) the Director occupying that position must not be a
member of the Appointment Panel; and
(b) the appointed Directors (other than the Director
30 occupying the position of chairperson) may nominate
one of their number to be a member of the
Appointment Panel for the purposes of considering
that re-appointment.
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(4) When the Appointment Panel is considering the re-
appointment of the Director occupying the position of
deputy chairperson--
(a) the Director occupying that position must not be a
5 member of the Appointment Panel; and
(b) the appointed Directors (other than the Director
occupying the position of deputy chairperson) may
nominate one of their number to be a member of the
Appointment Panel for the purposes of considering
10 that re-appointment.
14. Chairperson of Appointment Panel
(1) Subject to sub-clause (2), the chairperson of the Board is to
be the chairperson of the Appointment Panel except when
the Appointment Panel is considering the re-appointment of
15 the Director occupying the position of chairperson or the re-
appointment of the chairperson.
(2) When the Appointment Panel is considering the re-
appointment of the Director occupying the position of
chairperson or the re-appointment of the chairperson, the
20 deputy chairperson must act as the chairperson of the Panel.
15. Voting on decisions
(1) In the case of any vote by the Appointment Panel (as
constituted under clause 13(1)), the vote must be decided on
the basis of not less than 4 votes to 1.
25 (2) In the case of any vote by the Appointment Panel (as
constituted under clause 13(2)), the vote must be decided on
the basis of not less than 5 votes to 2.
16. Process for determining representative nominee
For the purposes of determining the nominee referred to in
30 clause 13(2)(e), if the bodies who are entitled to determine
the nominee are unable to reach agreement on the nominee
by a majority of not less than two-thirds within 45 days after
being invited to submit the nomination, the Appointment
Panel (constituted without that member) may appoint a
35 person that that Panel considers has a good understanding of
the views of those bodies.
17. Alteration etc. of the constitution
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The constitution of the company must not be modified or
repealed unless the requirements imposed on the company
and the Minister under section 3B have been complied with
and no resolution to disapprove the modification or repeal
5 has been passed by a House of Parliament.
18. Definitions
In this Schedule--
"appointed Director" means a Director occupying a
position referred to in clause 5(1)(a) of this Schedule;
10 "nominated Director" means a Director occupying a
position referred to in clause 5(1)(b), (c), (d) or (e) of
this Schedule.'.
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Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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