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Queensland
Racing and Other Legislation
Amendment Bill 2010
Queensland
Racing and Other Legislation Amendment
Bill 2010
Contents
Page
Part 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
Part 2 Amendment of Racing Act 2002
3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
4 Amendment of s 7 (Main purposes of ch 2 and how they
generally are achieved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
5 Amendment of s 10 (An eligible corporation may apply for
approval as a control body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
6 Replacement of s 28 (Approval has effect for 6 years unless it is
cancelled or suspended) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
28 Approval continues in force unless cancelled or
suspended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
7 Amendment of s 33 (Function of control body) . . . . . . . . . . . . . . 7
8 Amendment of s 34 (Powers of control body for its code of racing)
7
9 Insertion of new s 34A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
34A Control body approved for more than one code of
racing ................................. 9
10 Amendment of s 45 (Minister may give a direction to control
body about its policies or rules) . . . . . . . . . . . . . . . . . . . . . . . . . . 9
11 Insertion of new s 60B . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
60B Payment of share of net UNiTAB product fee as prize
money ................................. 9
12 Omission of ch 2, pt 5 (Provisions relating to entities involved in
thoroughbred racing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
13 Amendment of s 78 (Purposes of ch 3) . . . . . . . . . . . . . . . . . . . . 10
14 Amendment of s 81 (Matters for which a control body must
have a policy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Racing and Other Legislation Amendment Bill 2010
Contents
15 Amendment of s 91 (Obligation to have rules of racing for
code of racing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
16 Omission of ss 92 and 93. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
17 Amendment of s 100 (Form of decisions of appeal committee) . . 11
18 Amendment of s 111 (Definitions for div 4) . . . . . . . . . . . . . . . . . 11
19 Amendment of s 113 (Prohibition of disposal of assets
etc. of non-proprietary entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
20 Insertion of s 113AA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
113AA Dealing with assets of non-proprietary entity . . . . . . . 12
21 Amendment of s 351 (Matters must be considered appropriate
on grounds that are reasonable in the circumstances). . . . . . . . . 12
22 Amendment of s 352A (Integrity of analysis of thing). . . . . . . . . . 12
23 Insertion of new ch 10, pt 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Part 6 Transitional provisions for the Racing and
Other Legislation Amendment Act 2010
427 Definitions for pt 6. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
428 Cancellation of old approvals and issue of new
approval ............................... 13
429 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . 14
430 Provision taken to be included in constitutions of
former control bodies . . . . . . . . . . . . . . . . . . . . . . . . . 14
431 Displacement provisions for Corporations legislation. 15
432 Employees of former control bodies . . . . . . . . . . . . . . 15
433 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
434 Things done by former control bodies . . . . . . . . . . . . 16
435 Rights and obligations of former control bodies under
this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
436 Application of audit regime to new control body . . . . . 17
437 Net UNiTAB product fee paid before commencement 17
438 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
439 Continuation of action started against licensed club
under ch 3, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
440 Pt 6 does not affect existing legal relationships . . . . . 19
441 Dissolution of Queensland Country Racing
Committee and country racing associations. . . . . . . . 19
442 No compensation payable . . . . . . . . . . . . . . . . . . . . . 20
443 References to former control bodies . . . . . . . . . . . . . 20
444 Amendment of regulation by Racing and Other
Legislation Amendment Act 2010. . . . . . . . . . . . . . . . 20
Page 2
Racing and Other Legislation Amendment Bill 2010
Contents
24 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 20
Part 3 Amendment of Racing Regulation 2003
25 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
26 Omission of pts 3 and 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
27 Omission of sch 1 (Clubs nominating members of country racing
associations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Part 4 Amendment of Gaming Machine Act 1991
28 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
29 Amendment of s 322 (Disposition of fees etc.). . . . . . . . . . . . . . . 22
Part 5 Amendment of Wagering Act 1998
30 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
31 Amendment of s 169 (Application of wagering tax) . . . . . . . . . . . 23
32 Insertion of new pt 17, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Division 4 Transitional provision for Racing and Other
Legislation Amendment Act 2010
339 Amendment of regulation by Racing and Other
Legislation Amendment Act 2010. . . . . . . . . . . . . . . . 24
Part 6 Amendment of Wagering Regulation 1999
33 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
34 Replacement of s 9 (Percentage of wagering tax for community
investment fund--Act, s 169(3) . . . . . . . . . . . . . . . . . . . . . . . . . . 24
9 Percentage of wagering tax for community
investment fund--Act, s 169. . . . . . . . . . . . . . . . . . . . 25
Page 3
2010
A Bill
for
An Act to amend the Racing Act 2002, the Racing Regulation
2003, the Gaming Machine Act 1991, the Wagering Act 1998 and
the Wagering Regulation 1999 for particular purposes
Racing and Other Legislation Amendment Bill 2010
Part 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Part 1 Preliminary 2
Clause 1 Short title 3
This Act may be cited as the Racing and Other Legislation 4
Amendment Act 2010. 5
Clause 2 Commencement 6
This Act commences on 1 July 2010. 7
Part 2 Amendment of Racing Act 2002 8
Clause 3 Act amended 9
This part amends the Racing Act 2002. 10
Clause 4 Amendment of s 7 (Main purposes of ch 2 and how they 11
generally are achieved) 12
(1) Section 7(1)(b), `each control body'-- 13
omit, insert-- 14
`the control body'. 15
(2) Section 7(1)(c) and (2)(f)-- 16
omit. 17
(3) Section 7(2)(a), `control bodies'-- 18
omit, insert-- 19
`a control body'. 20
Page 6
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 5]
Clause 5 Amendment of s 10 (An eligible corporation may apply for 1
approval as a control body) 2
(1) Section 10(4)-- 3
omit. 4
(2) Section 10(5)-- 5
renumber as section 10(4). 6
Clause 6 Replacement of s 28 (Approval has effect for 6 years 7
unless it is cancelled or suspended) 8
Section 28-- 9
omit, insert-- 10
`28 Approval continues in force unless cancelled or 11
suspended 12
`(1) A control body's approval continues in force until the 13
approval is cancelled. 14
`(2) However, if a control body's approval is suspended, the 15
approval does not have effect for the period of the 16
suspension.'. 17
Clause 7 Amendment of s 33 (Function of control body) 18
(1) Section 33(2)(a), `stated in this Act'-- 19
omit, insert-- 20
`necessary'. 21
(2) Section 33(2)(b), `exercising the powers stated in this Act 22
or'-- 23
omit. 24
Clause 8 Amendment of s 34 (Powers of control body for its code 25
of racing) 26
(1) Section 34(1)(a), `, under its policies,'-- 27
omit. 28
Page 7
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 8]
(2) Section 34(1)(b), `against the relevant policies of the control 1
body'-- 2
omit. 3
(3) Section 34(1)(f)-- 4
omit, insert-- 5
`(f) distribute an amount-- 6
(i) as prize money for races; or 7
(ii) to a licensed club, on conditions the control body 8
considers appropriate, for a purpose relating to the 9
operations of the club; or 10
(iii) for undertaking research and analysis for the 11
code.'. 12
(4) Section 34(1)(g), `and allocate'-- 13
omit, insert-- 14
`and, on conditions the control body considers appropriate, 15
allocate'. 16
(5) Section 34(1)(i), `issuing'-- 17
omit, insert-- 18
`issue'. 19
(6) Section 34(1)-- 20
insert-- 21
`(j) establish committees or other entities responsible for 22
providing advice to, and carrying out administrative 23
functions for, the control body in relation to non-TABQ 24
races.'. 25
(7) Section 34-- 26
insert-- 27
`(5) In this section-- 28
non-TABQ races means races on which the TABQ does not, 29
or is unlikely to, offer wagering.'. 30
Page 8
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 9]
Clause 9 Insertion of new s 34A 1
After section 34-- 2
insert-- 3
`34A Control body approved for more than one code of 4
racing 5
`(1) This section applies to a control body that has approval as the 6
control body for more than 1 code of racing. 7
`(2) In making a decision under this Act, the control body must 8
make a decision that is in the best interests of all the codes of 9
racing for which the control body holds an approval while 10
having regard to the interests of each individual code.'. 11
Clause 10 Amendment of s 45 (Minister may give a direction to 12
control body about its policies or rules) 13
(1) Section 45(1)(e), `, as authorised by its policies,'-- 14
omit. 15
(2) Section 45(2)(c), `, as authorised by the control body's 16
policies'-- 17
omit. 18
Clause 11 Insertion of new s 60B 19
Chapter 2, part 4, division 4-- 20
insert-- 21
`60B Payment of share of net UNiTAB product fee as prize 22
money 23
`(1) A control body must pay 5.32% of its net UNiTAB product 24
fee for a year as prize money for non-TABQ thoroughbred 25
races conducted by non-TABQ thoroughbred clubs in the 26
year. 27
`(2) If, at the end of a year, a control body has not paid 5.32% of 28
its net UNiTAB product fee for the year as prize money as 29
required under subsection (1), the control body must use the 30
Page 9
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 12]
remaining amount of the 5.32% for supporting non-TABQ 1
thoroughbred racing. 2
Example of use of remaining amount of the 5.32% for supporting 3
non-TABQ thoroughbred racing-- 4
carrying out maintenance at a non-TABQ thoroughbred club'. 5
Clause 12 Omission of ch 2, pt 5 (Provisions relating to entities 6
involved in thoroughbred racing) 7
Chapter 2, part 5-- 8
omit. 9
Clause 13 Amendment of s 78 (Purposes of ch 3) 10
Section 78(2)(b), `about things dealt with in a policy'-- 11
omit. 12
Clause 14 Amendment of s 81 (Matters for which a control body 13
must have a policy) 14
Section 81(h), `its policies provide that it is authorised to 15
have'-- 16
omit, insert-- 17
`the control body has'. 18
Clause 15 Amendment of s 91 (Obligation to have rules of racing for 19
code of racing) 20
Section 91(4)-- 21
omit, insert-- 22
`(4) A control body's rules of racing must be consistent with this 23
Act and, for a rule about a matter for which the control body 24
has a policy, the control body's policy.'. 25
Page 10
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 16]
Clause 16 Omission of ss 92 and 93 1
Sections 92 and 93-- 2
omit. 3
Clause 17 Amendment of s 100 (Form of decisions of appeal 4
committee) 5
Section 100-- 6
insert-- 7
`(2) As soon as practicable after receiving the information notice, 8
the control body must publish details of the decision on its 9
website.'. 10
Clause 18 Amendment of s 111 (Definitions for div 4) 11
Section 111-- 12
insert-- 13
`deal with, an asset, includes grant a right in relation to the 14
asset, mortgage, lend, lease or register a charge over the asset, 15
but does not include dispose of the asset.'. 16
Clause 19 Amendment of s 113 (Prohibition of disposal of assets 17
etc. of non-proprietary entity) 18
Section 113-- 19
insert-- 20
`(5) A relevant control body may grant an approval mentioned in 21
subsection (4)(b) on conditions the control body considers 22
appropriate including a condition requiring a stated portion of 23
the proceeds of the disposal of the asset to be paid to the 24
control body for use by the control body for the benefit of its 25
code of racing.'. 26
Clause 20 Insertion of s 113AA 27
Chapter 3, part 5, division 4-- 28
Page 11
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 21]
insert-- 1
`113AA Dealing with assets of non-proprietary entity 2
`A non-proprietary entity must not deal with an asset of the 3
entity other than under-- 4
(a) a policy of the relevant control body; or 5
(b) a written approval of the relevant control body, obtained 6
before the dealing and relating to that asset.'. 7
Clause 21 Amendment of s 351 (Matters must be considered 8
appropriate on grounds that are reasonable in the 9
circumstances) 10
(1) Section 351(1)(c)-- 11
omit. 12
(2) Section 351(1)(d)-- 13
renumber as section 351(1)(c). 14
Clause 22 Amendment of s 352A (Integrity of analysis of thing) 15
Section 352A(2) and (3)-- 16
omit, insert-- 17
`(2) In making the decision, it is enough for the decision maker to 18
be satisfied that the method of taking and dealing with the 19
thing for analysis was in compliance with the requirements of 20
section 143(3) to the extent that the integrity of the analysis 21
was not adversely affected (substantial compliance). 22
`(3) Evidence of an accredited analyst or accredited veterinary 23
surgeon, for an accredited facility, that the method of taking 24
and dealing with the thing for analysis was in substantial 25
compliance with the requirements of section 143(3) is 26
evidence of that fact and, in the absence of evidence to the 27
contrary, conclusive evidence of that fact.'. 28
Page 12
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 23]
Clause 23 Insertion of new ch 10, pt 6 1
Chapter 10-- 2
insert-- 3
`Part 6 Transitional provisions for the 4
Racing and Other Legislation 5
Amendment Act 2010 6
`427 Definitions for pt 6 7
`In this part-- 8
commencement means 1 July 2010. 9
former control body means each of the following-- 10
(a) Queensland Racing Limited ACN 116 735 374; 11
(b) Greyhounds Queensland Limited ACN 128 067 247; 12
(c) Queensland Harness Racing Limited ACN 128 036 000. 13
new control body means Racing Queensland Limited ACN 14
142 786 874. 15
`428 Cancellation of old approvals and issue of new 16
approval 17
`(1) The approvals held by the former control bodies are cancelled 18
at midnight on 30 June 2010. 19
`(2) On 1 July 2010, the Minister must give an approval to the new 20
control body to be the control body for the following codes of 21
racing-- 22
(a) thoroughbred racing; 23
(b) harness racing; 24
(c) greyhound racing. 25
`(3) An approval given under subsection (2)-- 26
(a) is taken to have been given under section 26; and 27
Page 13
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 23]
(b) has effect from the beginning of the day it is given; and 1
(c) is subject to the conditions imposed by the Minister by 2
notice given to the new control body. 3
`429 Assets and liabilities etc. 4
`(1) On the commencement-- 5
(a) anything that was an asset or liability of a former control 6
body immediately before the commencement becomes 7
an asset or liability of the new control body; and 8
(b) an agreement or arrangement in force immediately 9
before the commencement between a former control 10
body and another entity is taken to be an agreement or 11
arrangement between the new control body and the 12
other entity; and 13
(c) any property that was, immediately before the 14
commencement, held by a former control body on trust 15
or subject to conditions continues to be held by the new 16
control body on the same trusts or subject to the same 17
conditions. 18
`(2) The registrar of titles or other person responsible for keeping a 19
register for dealings in property must, if asked by the new 20
control body, record the vesting of property under this section 21
in the new control body. 22
`430 Provision taken to be included in constitutions of 23
former control bodies 24
`Each former control body's constitution is taken to include, 25
and to have always included, a provision allowing a director 26
of the former control body to give the former control body's 27
agreement to the enactment of provisions having the effect of 28
provisions set out in this part, in particular, provisions-- 29
(a) cancelling the former control body's approval and 30
giving, to the new control body, an approval as the 31
control body for all codes of racing; and 32
Page 14
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 23]
(b) divesting the former control body of its assets and 1
liabilities and vesting the assets and liabilities in the new 2
control body; and 3
(c) stating that no compensation is payable to the former 4
control body or its members or directors for any action 5
taken under this part. 6
`431 Displacement provisions for Corporations legislation 7
`Sections 429 and 430 are declared to be Corporations 8
legislation displacement provisions for the Corporations Act, 9
section 5G. 10
`432 Employees of former control bodies 11
`(1) This section applies to a person who, immediately before the 12
commencement, was an employee of a former control body. 13
`(2) On the commencement-- 14
(a) the person becomes an employee of the new control 15
body on the same terms and conditions of employment 16
as applied to the person immediately before the 17
commencement; and 18
(b) the person remains entitled to all rights of employment 19
existing or accruing immediately before the 20
commencement. 21
`(3) Subsection (4) applies if the person was, immediately before 22
the commencement, entitled to a remuneration package of not 23
more than $100000 a year. 24
`(4) For 2 years from the commencement, the terms and conditions 25
of the person's employment must be at least equivalent to the 26
terms and conditions applying to the person immediately 27
before the commencement. 28
`(5) In this section-- 29
remuneration package, for a person, means the cost to the 30
person's employer of employing the person, including the cost 31
Page 15
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 23]
of making contributions to a superannuation scheme for the 1
person and providing for the person's leave entitlements. 2
`433 Proceedings 3
`(1) A proceeding that could have been started by or against a 4
former control body before the commencement may be started 5
by or against the new control body. 6
`(2) From the commencement, an existing proceeding may be 7
continued and finished by or against the new control body. 8
`(3) In this section-- 9
existing proceeding means a proceeding that-- 10
(a) was taken by or against one of the following before the 11
commencement-- 12
(i) a former control body; 13
(ii) a person who was a member of a former control 14
body, in the person's capacity as a member; and 15
(b) has not been finished before the commencement. 16
`434 Things done by former control bodies 17
`(1) Anything done by a former control body under this Act-- 18
(a) continues to have effect; and 19
(b) from the commencement, is taken to have been done by 20
the new control body. 21
`(2) Without limiting subsection (1), on the commencement-- 22
(a) a policy of a former control body in effect immediately 23
before the commencement continues as if it were a 24
policy of the new control body; and 25
(b) rules of racing made by a former control body and in 26
force immediately before the commencement continue 27
as if they were rules of racing made by the new control 28
body; and 29
Page 16
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 23]
(c) a licence issued or taken to be issued by a former control 1
body before the commencement and in force 2
immediately before the commencement continues as if 3
it had been issued by the new control body; and 4
(d) a racing calendar prepared by a former control body for 5
a period ending after the commencement continues as if 6
it had been prepared by the new control body. 7
`435 Rights and obligations of former control bodies under 8
this Act 9
`Without limiting any other provision in this part, a right or 10
obligation of a former control body under this Act 11
immediately before the commencement becomes a right or 12
obligation of the new control body. 13
`436 Application of audit regime to new control body 14
`From the commencement, a program approved by the 15
Minister under section 46(3) for 2010 applies to the new 16
control body to the extent it is stated to apply to a former 17
control body. 18
`437 Net UNiTAB product fee paid before commencement 19
`(1) This section applies to an amount of the former control body's 20
net UNiTAB product fee paid, before the commencement, by 21
the former control body under section 68M, in the year in 22
which the commencement falls. 23
`(2) On the commencement, the amount is taken to have been paid 24
by the new control body under section 60B. 25
`(3) In this section-- 26
former control body means the former control body for 27
thoroughbred racing. 28
Page 17
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 23]
`438 Appeals 1
`(1) This section applies to an appeal committee established by a 2
former control body (the relevant former control body) and in 3
existence immediately before the commencement. 4
`(2) On the commencement, the appeal committee-- 5
(a) continues in existence only for the purpose of dealing 6
with an appeal under consideration immediately before 7
the commencement; and 8
(b) must deal with the appeal under the relevant former 9
control body's rules of racing in existence before the 10
commencement. 11
`(3) Subsection (4) applies in relation to an appeal-- 12
(a) against a reviewable decision, within the meaning of 13
section 95, made before the commencement; and 14
(b) started after the commencement. 15
`(4) The appeal may be dealt with by an appeal committee 16
established by the new control body. 17
`(5) For subsection (4), the steward's decision appealed against is 18
taken to be a decision made by the steward for the new control 19
body. 20
`(6) This section does not limit section 434(1). 21
`439 Continuation of action started against licensed club 22
under ch 3, pt 4 23
`(1) This section applies if, before the commencement, a former 24
control body-- 25
(a) gave a licensed club a show cause notice under chapter 26
3, part 4; and 27
(b) has not decided whether to take action under the part in 28
relation to the club. 29
`(2) From the commencement, chapter 3, part 4 continues to apply 30
in relation to the show cause notice as if the notice had been 31
Page 18
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 23]
given by the new control body. 1
`(3) This section does not limit section 434(1). 2
`440 Pt 6 does not affect existing legal relationships 3
`Nothing done under this part in relation to a former control 4
body-- 5
(a) places the new control body in breach of a contract, trust 6
or confidence or otherwise makes the new control body 7
guilty of a civil wrong; or 8
(b) makes the new control body in breach of any instrument, 9
including an instrument prohibiting, restricting or 10
regulating the assignment, transfer or assumption of a 11
right or liability; or 12
(c) is taken to fulfil a condition or otherwise constitute an 13
event-- 14
(i) allowing a person to terminate an instrument or be 15
released, wholly or partly, from an obligation or 16
modify the operation or effect of an instrument or 17
obligation; or 18
(ii) requiring money to be paid, or anything else to be 19
done, before its stated maturity; or 20
(d) releases a surety or other obligee, wholly or partly, from 21
an obligation. 22
`441 Dissolution of Queensland Country Racing 23
Committee and country racing associations 24
`(1) On the commencement-- 25
(a) the following entities are dissolved-- 26
(i) the Queensland Country Racing Committee; 27
(ii) all country racing associations; and 28
(b) the members of the entities go out of office. 29
Page 19
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 24]
`(2) No compensation is payable to a member because of 1
subsection (1). 2
`442 No compensation payable 3
`No compensation is payable to any person, including a 4
former control body, or a member or director of a former 5
control body, for-- 6
(a) the cancellation of an approval or the vesting or 7
divesting of assets or liabilities or rights or obligations; 8
or 9
(b) anything else done under this part. 10
`443 References to former control bodies 11
`In an Act or document, a reference to a former control body 12
may, if the context permits, be taken as a reference to the new 13
control body. 14
`444 Amendment of regulation by Racing and Other 15
Legislation Amendment Act 2010 16
`The amendment of the Racing Regulation 2003 by the 17
Racing and Other Legislation Amendment Act 2010 does not 18
affect the power of the Governor in Council to further amend 19
the regulation or to repeal it.'. 20
Clause 24 Amendment of sch 3 (Dictionary) 21
(1) Schedule 3, definitions chairperson, committee, committee 22
member, country racing association, Intercode Agreement, 23
member club, net UNiTAB product fee, non-TABQ clubs, 24
non-TABQ races and thoroughbred entity-- 25
omit. 26
(2) Schedule 3-- 27
insert-- 28
Page 20
Racing and Other Legislation Amendment Bill 2010
Part 2 Amendment of Racing Act 2002
[s 24]
`former control body see section 427. 1
net UNiTAB product fee, in relation to a control body, means 2
the amount of the product fee paid to the control body less the 3
following amounts-- 4
(a) the amount paid by the control body to Queensland Race 5
Product Co Ltd (ACN 081 743 722) for administrative 6
costs; 7
(b) the amount paid by the control body to an accredited 8
facility under an agreement entered into under section 9
40 by the control body with the accredited facility. 10
new control body see section 427. 11
non-TABQ thoroughbred club means a club for which the 12
TABQ does not, or is unlikely to, offer wagering on the 13
majority of the club's races of thoroughbred horses. 14
non-TABQ thoroughbred race means a race of thoroughbred 15
horses on which the TABQ does not, or is unlikely to, offer 16
wagering.'. 17
(3) Schedule 3, definition commencement-- 18
insert-- 19
`(c) for chapter 10, part 6--see section 427.'. 20
(4) Schedule 3, definition disqualifying conviction, paragraph (a), 21
after `for an offence'-- 22
insert-- 23
`under'. 24
(5) Schedule 3, definition disqualifying conviction, paragraph 25
(a)(i), `under'-- 26
omit. 27
(6) Schedule 3, definition information notice, after `control 28
body'-- 29
insert-- 30
`, an appeal committee'. 31
Page 21
Racing and Other Legislation Amendment Bill 2010
Part 3 Amendment of Racing Regulation 2003
[s 25]
Part 3 Amendment of Racing 1
Regulation 2003 2
Clause 25 Regulation amended 3
This part amends the Racing Regulation 2003. 4
Clause 26 Omission of pts 3 and 6 5
Parts 3 and 6-- 6
omit. 7
Clause 27 Omission of sch 1 (Clubs nominating members of 8
country racing associations) 9
Schedule 1-- 10
omit. 11
Part 4 Amendment of Gaming 12
Machine Act 1991 13
Clause 28 Act amended 14
This part amends the Gaming Machine Act 1991. 15
Clause 29 Amendment of s 322 (Disposition of fees etc.) 16
(1) Section 322(5)-- 17
insert-- 18
`(ea) a scheme for providing capital works for the racing 19
industry;'. 20
(2) Section 322-- 21
Page 22
Racing and Other Legislation Amendment Bill 2010
Part 5 Amendment of Wagering Act 1998
[s 30]
insert-- 1
`(5A) Amounts paid out under subsection (5)(ea) must not be more 2
than the amounts paid into the community investment fund 3
under the Wagering Act 1998, section 169(1)(b).'. 4
Part 5 Amendment of Wagering Act 5
1998 6
Clause 30 Act amended 7
This part amends the Wagering Act 1998. 8
Clause 31 Amendment of s 169 (Application of wagering tax) 9
(1) Section 169(1)-- 10
omit, insert-- 11
`(1) Each month, the Minister must pay into the community 12
investment fund-- 13
(a) a percentage, prescribed under a regulation, of all 14
amounts received by the chief executive as wagering tax 15
for the previous month; and 16
(b) for the period from 1 July 2010 until 30 June 2014, a 17
further percentage, prescribed under a regulation, of all 18
amounts received by the chief executive as wagering tax 19
for the previous month. 20
Note-- 21
See the Gaming Machine Act 1991, section 322(5A).'. 22
(2) Section 169(3)-- 23
omit, insert-- 24
`(3) In this section-- 25
Page 23
Racing and Other Legislation Amendment Bill 2010
Part 6 Amendment of Wagering Regulation 1999
[s 32]
community investment fund means the fund established 1
under the Gaming Machine Act 1991, section 314(1).'. 2
Clause 32 Insertion of new pt 17, div 4 3
Part 17-- 4
insert-- 5
`Division 4 Transitional provision for Racing 6
and Other Legislation Amendment 7
Act 2010 8
`339 Amendment of regulation by Racing and Other 9
Legislation Amendment Act 2010 10
`The amendment of the Wagering Regulation 1999 by the 11
Racing and Other Legislation Amendment Act 2010 does not 12
affect the power of the Governor in Council to further amend 13
the regulation or to repeal it.'. 14
Part 6 Amendment of Wagering 15
Regulation 1999 16
Clause 33 Regulation amended 17
This part amends the Wagering Regulation 1999. 18
Clause 34 Replacement of s 9 (Percentage of wagering tax for 19
community investment fund--Act, s 169(3) 20
Section 9-- 21
omit, insert-- 22
Page 24
Racing and Other Legislation Amendment Bill 2010
Part 6 Amendment of Wagering Regulation 1999
[s 34]
`9 Percentage of wagering tax for community 1
investment fund--Act, s 169 2
`(1) For section 169(1)(a) of the Act, the percentage is 8.5%. 3
`(2) For section 169(1)(b) of the Act, the percentage is 45.75%.'. 4
© State of Queensland 2010
Page 25
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