RACING ACT 1958

Table of Provisions

• Long Title

• 1 Short title and commencement  

PART I--RACE-COURSES AND RACE-MEETINGS

Division 1--Preliminary

• 3 Definitions  
• 3A Certification of company to be Racing Victoria  
• 3B Repeal or modification of constitution of Racing Victoria  
• 3C Functions powers and duties of Minister under the constitution of Racing Victoria  
• 3D Racing Victoria not to represent the Crown  
• 3E Racing Victoria not a public entity or public body  

Division 2--Legality of betting

• 4 Betting with registered bookmaker  
• 4A Methods of remote betting  
• 4B Application for approval to use methods of approved remote betting on off-course premises  
• 4C Approval of off-course premises for remote betting usage  
• 4D Cancellation or suspension of approval for approved off‑course premises or variation of conditions  
• 4E Minister may prescribe requirements to be complied with by bookmakers for approval to accept bets off‑course  
• 4F Commission to notify controlling body of certain matters  
• 4G Offence to breach conditions of approval to operate off‑course premises  
• 4H Offence to open approved off-course premises to public  
• 4I Prohibition on publishing prohibited advertising in relation to the approved off‑course premises  
• 5 Rules and regulations about business at race‑courses, bookmakers etc.  

Division 2A--Club betting permits

• 5A Betting in accordance with club betting permits  
• 5B Grant of club betting permits  
• 5C Conditions of the permits  
• 5D Revocation of permits  

Division 2B--Rules of Racing Victoria

• 5E Definition  
• 5F Rules of Racing Victoria binding on certain persons  

Division 3--Regulation of race-meetings

• 6 Holding of race-meetings  
• 7 Transfer of race-meeting to another race-course  
• 14A Duration of race-meetings  
• 14AB Duration of official trial meetings  
• 14B Dates and times for horse racing  
• 18 Picnic race-meetings  
• 19 Picnic race-meetings and mixed sports gatherings in country  
• 19A Restricted harness racing meetings  
• 20 Point-to-point steeplechases held by hunt clubs  
• 21 Charitable race-meetings on metropolitan race‑courses in excess of statutory number  
• 22 Harness races at agricultural shows  
• 22A Race-meetings on ANZAC Day  
• 22B Penalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund  
• 23 Penalty for holding unauthorized race-meeting  

Division 4--Issue of licences, &c.

• 24 Race-course licence  
• 24A Racing-club licence  
• 25 Map of race-course  
• 26 Rules of the club  
• 29 Licences not to authorize benefit meetings  
• 32 Licences for harness race-meetings held by Harness Racing Victoria  

Division 4A--Managing crowd behaviour

• 32A Offence to enter or remain in restricted racing area  
• 32B Offence to disrupt race-meeting or official trial meeting  
• 32C Offence to throw or kick projectiles or cause object to be within restricted racing area  
• 32D Offence to climb on fence, barrier or barricade  
• 32E Direction not to enter or to leave restricted racing area or race-course  
• 32F Refusal to leave restricted racing area or race-course and re-entry  
• 32G Ban orders  
• 32H Appointment of authorised officers  
• 32I Identification of authorised officers  
• 32J Offence to hinder or obstruct authorised officer  
• 32K Power of authorised officer to require name and address  
• 32L Refusal to give name and address to authorised officer  
• 32M Requirement to produce evidence of name and address to authorised officer  
• 32N Disclosure of information by authorised officer  
• 32O Delegation by Secretary  
• 32P Infringement offences  
• 32Q Who can commence a proceeding for offences against this Division?  

Division 5--Exclusion orders by Chief Commissioner of Police

• 33 Exclusion orders by Chief Commissioner of Police  
• 34 Duration of exclusion orders  
• 35 List and photographs of excluded persons  
• 35A Provision of list and photographs to stewards  
• 35B Excluded person not to enter race-course  
• 35C Notifying police of presence of excluded persons  
• 35D Police powers of entry to a race-course  
• 35DA Advice to Professional Boxing and Combat Sports Board  
• 35E Procedure on application for review  
• 35F Appointment of special counsel  

Division 6--Miscellaneous

• 37 No right to compensation  

PART IA--THE RACING INTEGRITY COMMISSIONER

• 37A Racing Integrity Commissioner  
• 37AB Acting appointments  
• 37B Functions of the Racing Integrity Commissioner  
• 37BA Powers of the Racing Integrity Commissioner conducting an inquiry  
• 37BB Power to compel production of documents and other things or attendance of witnesses  
• 37BC Service of notice to produce or notice to attend  
• 37BD Power to take evidence on oath or affirmation  
• 37BE Offence to fail to comply with a notice to produce or attend  
• 37BF Offence to fail to take oath, make affirmation, answer question or produce document  
• 37BG DPP or police officer may commence proceeding for offence against section 37BE or 37BF  
• 37BH Offence to make false or misleading statements or produce false or misleading documents or other things  
• 37BI Protection of participants  
• 37BJ Statement not to be used against person who gives information or evidence, or produces a document or other thing  
• 37C Powers of the Racing Integrity Commissioner  
• 37CA Protection from liability for Racing Integrity Commissioner  
• 37D Staff  
• 37E Disclosure of information  
• 37F Annual report  
• 37G Mandatory notification of corrupt conduct to IBAC  
• 37H Consultation prior to referral or notification  
• 37I Communication of information to the IBAC  
• 37J Racing Integrity Commissioner not to prejudice investigations of the IBAC  
• 37K Racing Integrity Commissioner must investigate public interest complaints  
• 37L Racing Integrity Commissioner must refuse to investigate certain public interest complaints  
• 37M Racing Integrity Commissioner may refuse to investigate certain public interest complaints  
• 37N Notification of refusal to conduct investigation on public interest complaint  
• 37O Notification of corrupt conduct  
• 37P Procedure on completion of investigation of public interest complaint  
• 37Q Person who made public interest disclosure to be informed of result of investigation  
• 37R Racing Integrity Commissioner must not disclose certain information  
• 37S Disclosure of information by Racing Integrity Commissioner  
• 37T Confidentiality notice  
• 37U Extension of confidentiality notice  
• 37V Racing Integrity Commissioner to provide the IBAC with copies  
• 37W Disclosure subject to confidentiality notice  

PART II--HARNESS RACING VICTORIA

• 38 Definitions  
• 39 Harness Racing Victoria  
• 40 Term of office  
• 41 Vacancies  
• 41A Appointment of administrator  
• 42 Meetings  
• 43 Chief Executive Officer and other officers  
• 44 Function of Board  
• 44AA Board may act as venue operator  
• 44A Borrowings by Board  
• 44B Harness Racing Advisory Council  
• 44BA Functions of Harness Racing Advisory Council  
• 44C Reporting on consultations  
• 45 Registration etc. of clubs, horses and persons participating in harness racing  
• 45A Disclosure of pecuniary interest  
• 46 Harness Racing Victoria Fund and finances of Board  
• 48 Agreement with Royal Agricultural Society and its alteration  
• 49 Rules of Board  

PART IIA--VICTORIAN RACING TRIBUNAL

Division 1--Establishment of the Victorian Racing Tribunal

• 50A Definitions  
• 50B Establishment of the Victorian Racing Tribunal  
• 50C Functions of Victorian Racing Tribunal  
• 50D Members of the Victorian Racing Tribunal  
• 50E Terms and conditions of office  
• 50F Vacancies, resignations and termination of members of the Victorian Racing Tribunal  
• 50G Chairperson of the Victorian Racing Tribunal  
• 50H Deputy Chairpersons of the Victorian Racing Tribunal  
• 50I Appointment of a judicial officer as Chairperson or Deputy Chairperson  
• 50J Acting appointments  
• 50JA Validity of decisions  

Division 2--Jurisdiction of the Victorian Racing Tribunal

• 50K Appeals to the Victorian Racing Tribunal  
• 50L Racing Integrity Commissioner may direct that certain appeals be heard  
• 50M Appeals in respect of approvals for approved off‑course premises  
• 50N The Victorian Racing Tribunal may grant an extension of time for leave to appeal  
• 50O Hearings of serious offences by the Victorian Racing Tribunal  

Division 3--Conduct of hearings of the Victorian Racing Tribunal

• 50P Constitution of the Victorian Racing Tribunal to hear and determine matters  
• 50Q Proceedings of the Victorian Racing Tribunal  
• 50R Experts may assist the Victorian Racing Tribunal  
• 50S Power to compel production of documents and other things or attendance of witnesses  
• 50T Service of notice under section 50S or 50U  
• 50U Variation or revocation of notice under section 50S  
• 50V Failure to comply with notice to produce or attend  
• 50W Directions  
• 50X Dealing with questions of law in hearings of the Victorian Racing Tribunal  
• 50Y Evidence in hearings of the Victorian Racing Tribunal  
• 50Z Chairperson or Deputy Chairpersons may authorise a person to take evidence  
• 50ZA Retention of documents and exhibits  
• 50ZB Protection of parties and members of Victorian Racing Tribunal  
• 50ZC Service of documents by the Victorian Racing Tribunal  
• 50ZD When is service effected?  

Division 4--Determinations of the Victorian Racing Tribunal

• 50ZE Determinations of the Victorian Racing Tribunal  
• 50ZF Victorian Racing Tribunal to provide written statement of reasons for determinations on request  

Division 5--Offences

• 50ZG Offence to fail to comply with a notice to produce or attend  
• 50ZH Offence to fail to take oath, make affirmation or answer question  
• 50ZI Offence to make false or misleading statements or produce false or misleading documents or other things  
• 50ZJ Privilege against self-incrimination does not apply  
• 50ZK Contempt of the Victorian Racing Tribunal  

PART III--GREYHOUND RACING

• 51 Definitions  

Division 1--Restrictions on, and licences for, greyhound racing

• 52A Plumpton coursing with mechanical quarry  
• 52B Greyhound racing permits  
• 55 Offences relating to greyhound races that involve the use of an animal as a lure  
• 63A Greyhound races on ANZAC Day  
• 64 Penalties for holding greyhound races in contravention of this Division etc.  
• 65 Returns to be lodged by promoters of greyhound races  
• 66 Provision in case of offence by body corporate  

Division 2--Greyhound Racing Victoria

• 69 Greyhound Racing Victoria  
• 70 Term of office  
• 71 Vacancies  
• 71A Appointment of administrator  
• 72 Who to preside  
• 73 Chief executive officer and other officers of Board  
• 73A Board may delegate functions to the chief executive officer  
• 74 Travelling expenses and fees  
• 75 Functions of Board  
• 75A Disclosure of pecuniary interest  
• 75B Consultation procedures to be established  
• 75C Reporting on consultations  
• 76 Fund and finances of Board  
• 76A Borrowings by Board  

Division 3--General control of greyhound racing

• 77 Registration etc. of clubs and persons participating in greyhound racing  
• 77AA Registration of racing greyhounds  
• 77A Member of Board etc. may enter and inspect etc.  
• 78 Use or disclosure of information for the Domestic Animals Act 1994  
• 79A Greyhound trials and training  
• 82 Rules of Board  

PART IIIB--THE VICTORIAN RACING TRIBUNAL REGISTRAR

• 83OD Definitions  
• 83OE Victorian Racing Tribunal Registrar  
• 83OF Functions of Victorian Racing Tribunal Registrar  

PART IIIBA--REVIEW BY VCAT--DECISIONS OF THE VICTORIAN RACING TRIBUNAL

• 83OH Review by VCAT of decisions of the Victorian Racing Tribunal  
• 83OI Time limit for applying for review  

PART IIIC--REVIEW BY VCAT--OCCUPATIONALRACING AND BOOKMAKING LICENCES

• 83P Definitions  
• 83Q Review by VCAT of occupational racing licences  
• 83R Review by VCAT of bookmaking licences  
• 83S Time limit for applying for review  

PART IIID--FUNCTIONS AND POWERS OF GAMBLING AND CASINO INSPECTORS

• 83T Functions of gambling and casino inspectors  
• 83U Right of entry  
• 83V Powers of gambling and casino inspectors  
• 83W Power to require names and addresses  

PART IV--REGISTERED BOOKMAKERS AND CONTROLLING BODIES

• 84 Definitions  
• 91 Requirements for bookmakers to carry on business  
• 91A Controlling bodies may make rules  
• 91AB Approved substitutes  
• 91B Bookmaker's licence levy  
• 91C Bookmaking development fund  
• 91D Ministerial approval of rules and guidelines  
• 91E Provision of information regarding betting records  
• 92 Production of documents by bookmakers and bookmaker's key employees  
• 94A Guarantee of bookmakers against defaults in payment of wagers  

PART IVA--RACING VICTORIA CENTRE LAND

• 95A Application of Part  
• 95B Definition  
• 95C Surrender of Racing Victoria Centre land  
• 95D Crown lease  
• 95E Power to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land  
• 95F Registrar of Titles to make necessary amendments  

PART IVB--VICTORIAN RACING INTEGRITY BOARD

• 95G Establishment of the Victorian Racing Integrity Board  
• 95H Functions and powers of the Integrity Board  
• 95HA Integrity Board may delegate certain functions to Chairperson or Deputy Chairperson  
• 95I Membership of Integrity Board  
• 95J Terms and conditions of office  
• 95K Vacancies, resignations and removal from office  
• 95L Meetings of the Integrity Board  
• 95M Validity of decisions  
• 95MA Protection from liability for Integrity Board members  
• 95N Integrity Board may receive, review and investigate complaints  
• 95O Controlling body to provide information to Integrity Board  
• 95P Integrity Board may give directions to controlling body in relation to failure to comply with recommendation  
• 95Q Integrity Board may refer complaint to Racing Integrity Commissioner  
• 95R Controlling body to prepare and submit annual integrity plan to Integrity Board for endorsement  
• 95S Integrity Board to advise Minister of certain matters  
• 95T Integrity Board's annual report  
• 95U Minister to table Integrity Board's annual report before Parliament  

PART V--GENERAL

• 95V Department may recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria  
• 95VA Regulations  
• 96 Transitional provision on repeal of Part VI  
• 96AA Transitional provision for change in membership of Committee—Racing Acts (Amendment) Act 2002  
• 96A Transitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001  
• 96B Operation of Racing (Racing Victoria Ltd) Act 2001  
• 96C Transitional provision for change of expiry date of certificates of registration—Racing Acts (Amendment) Act 2002  
• 96D Transitional provision for Racing Appeals Tribunal proceedings—Racing Legislation Amendment (Racing Integrity Assurance) Act 2009  

PART VI--TRANSITIONAL PROVISIONS

• 97 Definition  
• 98 Transitional provision for changes to Harness Racing Victoria—Racing and Betting Acts (Amendment) Act 2001  
• 99 Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001  
• 100 Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001  
• 100A Saving provision—Racing Amendment (Modernisation) Act 2018  

PART VII--TRANSITIONAL PROVISIONS--VICTORIAN COMMISSION FOR GAMBLING AND LIQUOR REGULATION ACT 2011

• 101 Definitions  
• 102 Things commenced by the former Commission before abolition of former Commission  

PART VIII--TRANSITIONAL PROVISIONS--RACING AMENDMENT ACT 2015

• 103 Saving of reconstituted Harness Racing Victoria Board  

PART IX--TRANSITIONAL PROVISIONS--RACING AND OTHER ACTS AMENDMENT (GREYHOUND RACING AND WELFARE REFORM) ACT 2016

• 104 Definition  
• 105 Saving of reconstituted Greyhound Racing Victoria  
• 106 Saving of reconstituted GRV Racing Appeals and Disciplinary Board  

PART X--TRANSITIONAL PROVISIONS--RACING AMENDMENT (INTEGRITY AND DISCIPLINARY STRUCTURES) ACT 2018

• 107 Definitions  
• 108 Transition of Racing Appeals and Disciplinary Boards to the Victorian Racing Tribunal  
• 109 Review of decisions of Racing Appeals and Disciplinary Boards  
• 110 Review of decisions by VCAT  

PART XI--TRANSITIONAL PROVISIONS--RACING AMENDMENT ACT 2022

• 111 Saving of regulations  
• SCHEDULE 2
ENDNOTES