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RACING ACT 1958

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