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This is a Bill, not an Act. For current law, see the Acts databases.
Queensland Racing and Other Legislation Amendment Bill 2012
Queensland Racing and Other Legislation Amendment Bill 2012 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Part 2 Amendment of Interactive Gambling (Player Protection) Act 1998 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 Amendment of s 6 (Meaning of interactive game) . . . . . . . . . . . . 14 Part 3 Amendment of Racing Act 2002 5 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 6 Amendment of s 4 (Main purposes of Act and how they generally are achieved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 7 Replacement of ch 2, pt 1, hdg (Main purposes of chapter) . . . . 16 8 Amendment of s 7 (Main purposes of ch 2 and how they generally are achieved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 9 Omission of ch 2, pt 2, hdg and div 1, hdg . . . . . . . . . . . . . . . . . . 17 10 Amendment of s 9 (Meaning of eligible individual) . . . . . . . . . . . . 17 11 Insertion of new ch 2, pts 1A and 1B and pt 2, hdg . . . . . . . . . . . 18 Part 1A Queensland All Codes Racing Industry Board Division 1 Establishment and status of all-codes board 9AA Establishment of Queensland All Codes Racing Industry Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9AB All-codes board to be control body for particular codes of racing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9AC Application of various public sector Acts . . . . . . . . . . 18 Division 2 All-codes board's functions and powers 9AD All-codes board's functions. . . . . . . . . . . . . . . . . . . . . 19 9AE All-codes board's powers . . . . . . . . . . . . . . . . . . . . . . 20
Racing and Other Legislation Amendment Bill 2012 Contents 9AF All-codes board must perform functions in best interests of all codes of racing . . . . . . . . . . . . . . . . . . 21 9AG Payment of share of net UNiTAB product fee as prize money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 9AH Delegation by all-codes board . . . . . . . . . . . . . . . . . . 21 Division 3 Membership of all-codes board 9AI Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 9AJ Eligibility of members . . . . . . . . . . . . . . . . . . . . . . . . . 22 9AK Vacancy in member's office . . . . . . . . . . . . . . . . . . . . 23 9AL Chairperson and deputy chairperson of all-codes board ................................ 24 9AM Vacancy in chairperson's or deputy chairperson's office ................................. 24 9AN Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 9AO Effect of vacancy in membership of all-codes board . 25 9AP Remuneration and other conditions of appointment. . 25 Division 4 All-codes board business and meetings 9AQ Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 25 9AR Time and place of meetings . . . . . . . . . . . . . . . . . . . . 26 9AS Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 9AT Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 26 9AU Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 26 9AV Annual meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 9AW Minister may call meeting . . . . . . . . . . . . . . . . . . . . . . 27 9AX Minutes and other records . . . . . . . . . . . . . . . . . . . . . 27 9AY Dissenting opinion to be reported . . . . . . . . . . . . . . . 27 Division 5 Chief executive officer 9AZ Chief executive officer of all-codes board. . . . . . . . . . 28 9BA Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9BB Functions of chief executive officer. . . . . . . . . . . . . . . 29 9BC Remuneration and conditions of appointment . . . . . . 29 9BD Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 9BE Acting chief executive officer of all-codes board. . . . . 30 9BF Delegation by chief executive officer . . . . . . . . . . . . . 30 Division 6 Information to be collected about potential member and chief executive officer of all-codes board 9BG Chief executive to gather information about candidate 30 Page 2
Racing and Other Legislation Amendment Bill 2012 Contents 9BH Obtaining criminal history of candidate . . . . . . . . . . . 31 Division 7 Duties of executive officers and employees of all-codes board 9BI Duty to act honestly and exercise care and diligence 31 9BJ Member must disclose interest. . . . . . . . . . . . . . . . . . 32 9BK Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 8 Immunity for members and chief executive officer of all-codes board 9BL Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 34 Division 9 Ministerial direction to all-codes board 9BM Ministerial direction to all-codes board about its functions or powers . . . . . . . . . . . . . . . . . . . . . . . . . . 35 Division 10 Other matters 9BN Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 Part 1B Control boards Division 1 Establishment, functions and powers 9BO Establishment of control boards . . . . . . . . . . . . . . . . . 36 9BP Control boards for particular codes of racing . . . . . . . 36 9BQ Control board's functions and powers . . . . . . . . . . . . 37 9BR Authentication of documents . . . . . . . . . . . . . . . . . . . 38 9BS Delegation by control board . . . . . . . . . . . . . . . . . . . . 38 Division 2 Members of control board 9BT Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 9BU Eligibility of members . . . . . . . . . . . . . . . . . . . . . . . . . 38 9BV Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 39 9BW Vacancy in member's office . . . . . . . . . . . . . . . . . . . . 39 9BX Chairperson and deputy chairperson . . . . . . . . . . . . . 40 9BY Vacancy in chairperson's or deputy chairperson's office ................................. 40 9BZ Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 9CA Effect of vacancy in membership of control board . . . 41 9CB Remuneration and other conditions of appointment. . 41 Division 3 Control board business and meetings 9CC Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 42 9CD Time and place of meetings . . . . . . . . . . . . . . . . . . . . 42 9CE Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 9CF Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 42 Page 3
Racing and Other Legislation Amendment Bill 2012 Contents 9CG Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 42 9CH Minutes and other records . . . . . . . . . . . . . . . . . . . . . 43 Division 4 Information to be collected about potential member of control board 9CI Chief executive to gather information about candidate 43 9CJ Obtaining criminal history of candidate . . . . . . . . . . . 44 Division 5 Duties of members of control boards 9CK Duty to act honestly and exercise due care and diligence ............................... 44 9CL Member must disclose interest. . . . . . . . . . . . . . . . . . 45 9CM Disclosure of interest in licensed animal by member of a control board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 6 Immunity for members of control board 9CN Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 7 Ministerial direction to control board 9CO Ministerial direction to control board about its functions or powers . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Division 8 Investigating a control board 9CP Investigation into suitability of a control board . . . . . . 48 12 Renumbering of ch 2, pt 2, divs 2 to 7 . . . . . . . . . . . . . . . . . . . . . 49 13 Amendment of s 11 (Approval application to be accompanied by specific matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 14 Amendment of s 16 (Application of div 4). . . . . . . . . . . . . . . . . . . 50 15 Replacement of s 22 (Chief executive must request fingerprints of business associates and executive associates of the approval applicant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 22 Request to obtain criminal history of business associates and executive associates of approval applicant ................................ 50 16 Amendment of s 23 (Obtaining the criminal history of an individual) ...................................... 50 17 Omission of s 32 (Destruction of fingerprints) . . . . . . . . . . . . . . . 51 18 Insertion of new ch 2, pt 2, div 7 and div 8, hdg . . . . . . . . . . . . . . 51 Division 7 Requirements for approved control body after approval 32 Approved control body to report to chief executive on status as eligible corporation in previous financial year 51 19 Amendment of s 33 (Function of control body) . . . . . . . . . . . . . . 52 20 Amendment of s 34 (Powers of control body for its code of racing) 52 Page 4
Racing and Other Legislation Amendment Bill 2012 Contents 21 Relocation and renumbering of s 34A (Control body approved for more than one code of racing) . . . . . . . . . . . . . . . . . . . . . . . . 54 22 Relocation and renumbering of s 36 (Obligation to implement plans as stated in approval application) . . . . . . . . . . . . . . . . . . . . 54 23 Replacement of ch 2, pt 3, div 3, hdg (Annual reporting by control bodies and related issues) . . . . . . . . . . . . . . . . . . . . . . . . 54 24 Amendment of s 41 (Annual reporting by control body) . . . . . . . . 54 25 Amendment of s 42 (Notice about change of executive officers) . 55 26 Amendment, relocation and renumbering of s 43 (Notice of event resulting in a control body not being an eligible corporation) . . . . 55 27 Omission of ch 2, pt 4, div 1, hdg (Ministerial directions to control bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 28 Amendment, relocation and renumbering of s 45 (Minister may give a direction to control body about its policies or rules) . . . . . . 56 29 Renumbering of ch 2, pt 4, div 2 (Audit regime and other investigations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 30 Amendment of s 47 (Investigations into suitability of a control body) ......................................... 56 31 Amendment of s 48 (Investigation into suitability of associate of control body). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 32 Amendment of s 51 (Criminal history report for investigation) . . . 56 33 Omission of ch 2, pt 4, div 3, hdg (Disciplinary action against control bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 34 Amendment of s 52 (Grounds for disciplinary action relating to the approval of a control body for its code of racing) . . . . . . . . . . 57 35 Relocation and renumbering of ss 52-58. . . . . . . . . . . . . . . . . . . 57 36 Replacement of ch 2, pt 4, div 4, hdg (Other provisions about control bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 37 Relocation and renumbering of ss 59 and 60. . . . . . . . . . . . . . . . 58 38 Amendment of s 60A (Disclosure of interest in licensed animal by executive officer of control body) . . . . . . . . . . . . . . . . . . . . . . . 58 39 Omission of s 60B (Payment of share of net UNiTAB product fee as prize money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 40 Amendment of s 81 (Matters for which a control body must have a policy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 41 Amendment of s 87 (Control body's policy for a licensing scheme) 59 42 Omission of ch 3, pt 3, div 1, hdg (General provisions about rules of racing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 43 Omission of ch 3, pt 3, div 2 (Appeals under rules of racing). . . . 60 44 Amendment of s 113 (Prohibition of disposal of assets etc. of non-proprietary entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Page 5
Racing and Other Legislation Amendment Bill 2012 Contents 45 Renumbering of ss 113A-113G . . . . . . . . . . . . . . . . . . . . . . . . . . 60 46 Insertion of new ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Chapter 3A Racing Integrity Commissioner Part 1 Establishment 113AL Racing Integrity Commissioner . . . . . . . . . . . . . . . . . 60 113AM Persons eligible to be commissioner . . . . . . . . . . . . . 61 Part 2 Functions and powers of commissioner 113AN Functions of commissioner. . . . . . . . . . . . . . . . . . . . . 61 113AO General restrictions on functions . . . . . . . . . . . . . . . . 62 113AP Powers of the commissioner . . . . . . . . . . . . . . . . . . . 62 113AQ Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 113AR Removal or suspension of commissioner. . . . . . . . . . 63 113AS Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 63 Part 3 Audits and investigations 113AT Commissioner's powers for audits and investigations 63 113AU Power to require attendance and giving of evidence . 63 113AV Power to require information, document or thing . . . . 64 113AW Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . 64 113AX Power to refuse to investigate complaint . . . . . . . . . . 65 113AY Report of findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Part 4 Administration 113AZ Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 113BA Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 113BB Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . 68 Part 5 Reporting 113BC Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 113BD Commissioner to report failure by control body to act on recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . 68 47 Amendment of s 147 (Procedure after analysis) . . . . . . . . . . . . . 69 48 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Chapter 4A Racing Disciplinary Board proceedings Part 1 Racing Disciplinary Board Division 1 Establishment and functions 149A Establishment of disciplinary board . . . . . . . . . . . . . . 70 149B Functions of disciplinary board. . . . . . . . . . . . . . . . . . 70 Division 2 Membership of disciplinary board Page 6
Racing and Other Legislation Amendment Bill 2012 Contents 149C Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70 149D Chairperson and deputy chairperson of disciplinary board .................................. 71 149E Eligibility of members . . . . . . . . . . . . . . . . . . . . . . . . . 71 149F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 149G Termination of appointment . . . . . . . . . . . . . . . . . . . . 71 149H Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 149I Effect of vacancy in membership of disciplinary board 73 149J Remuneration of members . . . . . . . . . . . . . . . . . . . . . 73 149K Member of disciplinary board who is public service officer .................................. 73 149L Protection of members from civil liability . . . . . . . . . . 73 Division 3 Chairperson 149M Role of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . 73 149N Chairperson may delegate . . . . . . . . . . . . . . . . . . . . . 74 Division 4 Constitution of disciplinary board 149O Constitution of disciplinary board for hearing and deciding accepted appeal. . . . . . . . . . . . . . . . . . . . . . 75 Division 5 Staff of disciplinary board 149P Appointment of registrar and other officers . . . . . . . . 76 149Q Assigning staff of control body . . . . . . . . . . . . . . . . . . 76 Part 2 Appeals against appellable decisions Division 1 Preliminary 149R Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 77 149S What is an appellable decision . . . . . . . . . . . . . . . . . . 77 Division 2 Starting an appeal 149T Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78 149U Aggrieved person must give notice of appeal. . . . . . . 79 149V Acceptance, rejection or referral of appeal. . . . . . . . . 79 149W When accepted appeal starts. . . . . . . . . . . . . . . . . . . 80 149X Who is a party to an accepted appeal . . . . . . . . . . . . 80 149Y Registrar must give notice to parties and others . . . . 80 149Z Jurisdiction of constituted board. . . . . . . . . . . . . . . . . 81 149ZA Constituted board to hear accepted appeal as soon as practicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81 149ZB Stay of control body decision . . . . . . . . . . . . . . . . . . . 82 149ZC Disclosure of conflict of interest of member . . . . . . . . 82 Page 7
Racing and Other Legislation Amendment Bill 2012 Contents 149ZD Constitution of constituted board if member has conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . 83 Division 3 Appeal hearings 149ZE Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 84 149ZF Appeal to be heard in public unless constituted board decides otherwise. . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 149ZG Hearing by remote conferencing or on the papers . . . 86 149ZH Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 86 149ZI Joining parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 149ZJ Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87 149ZK Withdrawal of appeal . . . . . . . . . . . . . . . . . . . . . . . . . 88 Division 4 Witnesses 149ZL Requiring witness to attend or produce document or thing ................................... 89 149ZM Swearing or affirming witnesses. . . . . . . . . . . . . . . . . 89 149ZN Witness fees and expenses . . . . . . . . . . . . . . . . . . . . 89 149ZO Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . 90 Division 5 Experts 149ZP Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 149ZQ Duty of expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91 149ZR Remuneration and expenses . . . . . . . . . . . . . . . . . . . 91 149ZS Helping the constituted board. . . . . . . . . . . . . . . . . . . 91 149ZT Costs of obtaining expert's help . . . . . . . . . . . . . . . . . 92 149ZU Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . 93 Division 6 Decisions and powers of constituted board 149ZV How constituted board may act in hearing accepted appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 94 149ZW Deciding questions in accepted appeal . . . . . . . . . . . 94 149ZX Powers of constituted board on accepted appeal. . . . 94 149ZY Effect of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 95 149ZZ Notice of decision of constituted board . . . . . . . . . . . 95 149ZZA Dismissing appeal if unjustified . . . . . . . . . . . . . . . . . 95 149ZZB Party fails to attend. . . . . . . . . . . . . . . . . . . . . . . . . . . 96 Division 7 Costs and enforcement 149ZZC Costs of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 96 149ZZD Enforcement of costs order . . . . . . . . . . . . . . . . . . . . 97 Division 8 Offences and contempt Page 8
Racing and Other Legislation Amendment Bill 2012 Contents 149ZZE Contravening decision . . . . . . . . . . . . . . . . . . . . . . . . 97 149ZZF False or misleading information . . . . . . . . . . . . . . . . . 98 149ZZG Influencing participants . . . . . . . . . . . . . . . . . . . . . . . 99 149ZZH Contempt at hearing. . . . . . . . . . . . . . . . . . . . . . . . . . 99 149ZZI Constituted board may exclude disruptive person from hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Part 3 Miscellaneous 149ZZJ Protections and immunities . . . . . . . . . . . . . . . . . . . . 100 149ZZK Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 49 Omission of ss 150-152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 50 Insertion of new ch 5, pts 1 and 2, and pt 3, hdg . . . . . . . . . . . . . 101 Part 1 Referral by chairperson of disciplinary board to tribunal 150 How appeal is referred to tribunal. . . . . . . . . . . . . . . . 101 151 Tribunal to exercise review jurisdiction . . . . . . . . . . . . 102 Part 2 Review of decisions by tribunal other than by disciplinary board referral 152 Appeal to disciplinary board before review by tribunal 102 152A Who may apply for review by the tribunal . . . . . . . . . . 102 51 Amendment of s 153 (Tribunal to hear review within 28 days) . . . 103 52 Amendment of s 154 (Constitution of tribunal) . . . . . . . . . . . . . . . 103 53 Insertion of new ch 5, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Part 4 Appeal by control bodies of decisions of constituted board 155 Control body may appeal on question of law . . . . . . . 103 54 Amendment of s 194 (Requirement to hold racing bookmaker's licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 55 Amendment of s 195 (Requirement for racing bookmaker to hire licensed clerk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 56 Amendment of s 196 (Requirement to hold licence as a racing bookmaker's clerk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 57 Amendment of s 197 (Requirement to produce licence) . . . . . . . 107 58 Amendment of s 199 (Unlawful bookmaking by racing bookmaker) .................................... 108 59 Insertion of new s 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 200A Special requirements for betting by racing bookmaker who holds offcourse approval. . . . . . . . . . . . . . . . . . . 109 60 Amendment of s 213 (Criminal history reports for investigations) 109 61 Amendment of s 227 (Criminal history report for investigation) . . 110 Page 9
Racing and Other Legislation Amendment Bill 2012 Contents 62 Insertion of new ch 6, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Part 3A Offcourse approvals for racing bookmakers Division 1 Applications for, and granting of, offcourse approvals 243 Application for offcourse approval . . . . . . . . . . . . . . . 110 244 Further information or documents to support application ............................ 111 245 Requirement of control body to give information or documents relating to application. . . . . . . . . . . . . . . . 112 246 Consideration of application . . . . . . . . . . . . . . . . . . . . 112 247 Decision on application . . . . . . . . . . . . . . . . . . . . . . . 112 248 What are the conditions of an offcourse approval . . . 113 248A What is the accepted undertaking for an offcourse approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 248B Notice of decision on application . . . . . . . . . . . . . . . . 114 Division 2 Cancellation of offcourse approval 248C Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 114 248D Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 248E Involvement of control bodies in show cause process 115 248F Consideration of representations . . . . . . . . . . . . . . . . 115 248G Ending show cause process without further action . . 115 248H Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 248I Return of cancelled offcourse approval . . . . . . . . . . . 116 248J Automatic cancellation or suspension of offcourse approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 248K Censuring racing bookmaker . . . . . . . . . . . . . . . . . . . 117 248L Notice to control bodies of decisions . . . . . . . . . . . . . 118 Division 3 Immediate suspension of offcourse approval 248M Immediate suspension of offcourse approval . . . . . . . 118 63 Amendment of s 249 (When a racing bookmaker may make a bet with a person who is not present at a licensed venue). . . . . . 119 64 Amendment of s 254 (Payment and settlement of bets) . . . . . . . 119 65 Amendment of s 255 (Bookmaking on certain declared sporting contingencies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 66 Amendment of s 256 (Racing bookmaker's agent during certain periods) .......................................... 121 67 Amendment of s 270 (Power of entry) . . . . . . . . . . . . . . . . . . . . . 121 68 Amendment of s 310 (Definitions for div 1) . . . . . . . . . . . . . . . . . 121 Page 10
Racing and Other Legislation Amendment Bill 2012 Contents 69 Replacement of s 311 (Protection for persons about whom confidential information or background documents obtained) . . . 122 311 Offence to disclose confidential information or copy background document . . . . . . . . . . . . . . . . . . . . . . . . 122 70 Amendment of s 351 (Matters must be considered appropriate on grounds that are reasonable in the circumstances). . . . . . . . . 123 71 Amendment of s 352A (Integrity of analysis of thing). . . . . . . . . . 123 72 Amendment of s 355 (Regulation-making power) . . . . . . . . . . . . 124 73 Insertion of new ch 10, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Part 7 Transitional provisions for Racing and Other Legislation Amendment Act 2012 Division 1 Preliminary 445 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Division 2 Provisions relating to former control body 446 Cancellation of approval held by former control body 125 447 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . 125 448 Displacement provision for Corporations legislation. . 126 449 Employees of former control bodies . . . . . . . . . . . . . . 126 450 Continuity of employment . . . . . . . . . . . . . . . . . . . . . . 126 451 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 452 Things done by former control body . . . . . . . . . . . . . . 127 453 Rights and obligations of former control body under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 454 Application of audit regime to all-codes board . . . . . . 128 455 Net UNiTAB product fee paid before commencement 128 456 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 457 Continuation of action started against licensed club under ch 3, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 458 Existing legal relationships not affected . . . . . . . . . . . 130 459 No compensation payable . . . . . . . . . . . . . . . . . . . . . 130 460 References to control body or former control body . . 131 Division 3 Other provisions 461 Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . 131 462 Continued protection for persons about whom background documents obtained . . . . . . . . . . . . . . . . 131 74 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 132 75 Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 Page 11
Racing and Other Legislation Amendment Bill 2012 Contents Part 4 Amendment of Wagering Act 1998 76 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 77 Amendment of s 169 (Application of wagering tax) . . . . . . . . . . . 137 Schedule Minor amendments of Racing Act 2002 . . . . . . . . . . . . . . . . . 138 Page 12
2012 A Bill for An Act to amend the Interactive Gambling (Player Protection) Act 1998, the Racing Act 2002 and the Wagering Act 1998 for particular purposes
Racing and Other Legislation Amendment Bill 2012 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 2012. 5 Clause 2 Commencement 6 This Act, other than sections 10 and 13, commences on a day 7 to be fixed by proclamation. 8 Part 2 Amendment of Interactive 9 Gambling (Player Protection) 10 Act 1998 11 Clause 3 Act amended 12 This part amends the Interactive Gambling (Player 13 Protection) Act 1998. 14 Clause 4 Amendment of s 6 (Meaning of interactive game) 15 Section 6(2)(a)-- 16 omit, insert-- 17 `(a) wagering conducted under the Racing Act 2002 if-- 18 (i) a person places a wager with a racing bookmaker 19 by using a telecommunications system under that 20 Act for conducting the wagering; and 21 Page 14
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 5] (ii) either-- 1 (A) when the wager is placed, the racing 2 bookmaker is carrying on bookmaking at a 3 race meeting under that Act; or 4 (B) the racing bookmaker is carrying on the 5 bookmaking under an offcourse approval 6 under that Act;'. 7 Part 3 Amendment of Racing Act 2002 8 Clause 5 Act amended 9 This part amends the Racing Act 2002. 10 Note-- 11 See also the amendments in the schedule. 12 Clause 6 Amendment of s 4 (Main purposes of Act and how they 13 generally are achieved) 14 (1) Section 4(2), `following--'-- 15 omit, insert-- 16 `following-- 17 (aa) the establishment of the Queensland All Codes Racing 18 Industry Board as the control body to manage the 19 thoroughbred, harness and greyhound codes of racing; 20 (ab) the establishment of control boards to assist the 21 Queensland All Codes Racing Industry Board;'. 22 (2) Section 4(2)-- 23 insert-- 24 `(da) the appointment of the Racing Integrity Commissioner; 25 Page 15
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 7] (ea) the establishment of the Racing Disciplinary Board to 1 hear and decide appeals against appellable decisions; 2 (fa) the process for granting offcourse approvals to racing 3 bookmakers for carrying on racing bookmaking at 4 places other than licensed venues;'. 5 (3) Section 4(2)(aa) to (i)-- 6 renumber as section 4(2)(a) to (n). 7 Clause 7 Replacement of ch 2, pt 1, hdg (Main purposes of 8 chapter) 9 Chapter 2, part 1, heading-- 10 omit, insert-- 11 `Part 1 Preliminary'. 12 Clause 8 Amendment of s 7 (Main purposes of ch 2 and how they 13 generally are achieved) 14 (1) Section 7(1)(a) and (b)-- 15 renumber as section 7(1)(c) and (d). 16 (2) Section 7(1)-- 17 insert-- 18 `(a) to establish a control body for the thoroughbred, harness 19 and greyhound codes of racing; and 20 (b) to establish control boards for the thoroughbred, harness 21 and greyhound codes of racing; and'. 22 (3) Section 7(2)-- 23 omit, insert-- 24 `(2) Generally, the main purposes of this chapter are achieved by 25 providing for the following-- 26 (a) establishment of the Queensland All Codes Racing 27 Industry Board as the control body for the thoroughbred, 28 harness and greyhound codes of racing; 29 Page 16
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 9] (b) powers and functions of the Queensland All Codes 1 Racing Industry Board, including provisions relating to 2 executive officers, employees and conducting business; 3 (c) establishment of each of the following control boards-- 4 (i) the Queensland Thoroughbred Racing Board; 5 (ii) the Queensland Harness Racing Board; 6 (iii) the Queensland Greyhound Racing Board; 7 (d) criteria to establish the corporations that may apply for 8 approval as an approved control body; 9 (e) requirements for each approval applicant for a code of 10 racing or proposed code of racing; 11 (f) assessment procedures relating to an approval 12 application, and requirements to investigate business 13 associates and executive associates of the approval 14 applicant, including, for example, obtaining their 15 criminal histories; 16 (g) powers and obligations of a control body for its code of 17 racing; 18 (h) reporting requirements that apply to a control body and 19 mechanisms for the Minister to monitor and discipline a 20 control body, including by giving directions to or 21 auditing a control body or taking disciplinary action 22 relating to an approved control body.'. 23 Clause 9 Omission of ch 2, pt 2, hdg and div 1, hdg 24 Chapter 2, part 2, heading, and division 1, heading-- 25 omit. 26 Clause 10 Amendment of s 9 (Meaning of eligible individual) 27 Section 9(e)(ii), after `association formed'-- 28 insert-- 29 `in Australia'. 30 Page 17
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] Clause 11 Insertion of new ch 2, pts 1A and 1B and pt 2, hdg 1 Chapter 2, after section 9-- 2 insert-- 3 `Part 1A Queensland All Codes Racing 4 Industry Board 5 `Division 1 Establishment and status of 6 all-codes board 7 `9AA Establishment of Queensland All Codes Racing 8 Industry Board 9 `The Queensland All Codes Racing Industry Board is 10 established. 11 `9AB All-codes board to be control body for particular 12 codes of racing 13 `The all-codes board is the control body for the following 14 codes of racing (each a board code of racing)-- 15 (a) thoroughbred racing; 16 (b) harness racing; 17 (c) greyhound racing. 18 `9AC Application of various public sector Acts 19 `(1) The all-codes board is-- 20 (a) a statutory body under the Financial Accountability Act 21 2009; and 22 (b) a statutory body under the Statutory Bodies Financial 23 Arrangements Act 1982; and 24 (c) a unit of public administration under the Crime and 25 Misconduct Act 2001. 26 Page 18
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `(2) The Statutory Bodies Financial Arrangements Act 1982, part 1 2B sets out the way in which the all-codes board's powers 2 under this Act are affected by the Statutory Bodies Financial 3 Arrangements Act 1982. 4 `Division 2 All-codes board's functions and 5 powers 6 `9AD All-codes board's functions 7 `(1) The primary function of the all-codes board is to be the 8 control body for the board codes of racing with responsibility 9 for the management of the relevant codes of racing. 10 `(2) The functions of the all-codes board include, but are not 11 limited to-- 12 (a) identifying, assessing and developing responses to 13 strategic issues relevant to the board codes of racing 14 individually or as a whole; and 15 (b) developing and implementing responses to strategic 16 challenges faced by the board codes of racing 17 individually or as a whole; and 18 (c) leading and facilitating negotiations between 2 or more 19 control boards about strategic issues and agreements 20 that affect the board codes of racing individually or as a 21 whole; and 22 (d) leading and undertaking negotiations with other entities 23 about strategic issues and agreements that affect the 24 board codes of racing individually or as a whole; and 25 (e) identifying priorities for major capital expenditure for 26 the board codes of racing individually or as a whole; and 27 (f) managing the redevelopment of existing, and the 28 construction of new, racing infrastructure required by 29 the board codes of racing individually or as a whole; and 30 Page 19
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (g) developing and implementing plans and strategies for 1 developing, promoting and marketing the board codes of 2 racing individually or as a whole; and 3 (h) assisting control boards by providing staff required by 4 control boards for the performance of the control 5 boards' functions; and 6 (i) funding the cost of the performance of control boards' 7 functions; and 8 (j) making recommendations to the Minister about the 9 administration and conduct of the board codes of racing 10 individually or as a whole; and 11 (k) considering any matters referred to the all-codes board 12 by the Minister; and 13 (l) if a matter is referred to the all-codes board by the 14 Minister under paragraph (k)--reporting to the Minister. 15 `9AE All-codes board's powers 16 `(1) The all-codes board has-- 17 (a) the powers listed in subsection (2) and section 34; and 18 (b) the powers to do anything else necessary or convenient 19 to be done in performing its functions or discharging the 20 obligations imposed on the board under this Act. 21 `(2) The all-codes board has the powers of an individual and may, 22 for example-- 23 (a) enter into contracts and agreements; and 24 (b) acquire, hold, deal with or dispose of property; and 25 (c) engage consultants or contractors; and 26 (d) appoint agents and attorneys; and 27 (e) employ staff. 28 Note-- 29 Section 449 states that the employees employed by Racing 30 Queensland Limited ACN 142 786 874 immediately before the 31 Page 20
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] commencement of that section become employees of the all- 1 codes board on the same terms, conditions and entitlements 2 applying before the commencement. 3 `(3) In exercising a power, the all-codes board may exercise the 4 power in relation to-- 5 (a) each board code of racing individually; or 6 (b) the board codes of racing as a whole. 7 `9AF All-codes board must perform functions in best 8 interests of all codes of racing 9 `In performing a function of the board under this Act, the 10 all-codes board must perform the function in a way that is in 11 the best interests of the thoroughbred, harness and greyhound 12 codes of racing as a whole while having regard to the interests 13 of each individual code. 14 `9AG Payment of share of net UNiTAB product fee as prize 15 money 16 `(1) The all-codes board must pay 5.32% of its net UNiTAB 17 product fee for a year as prize money for non-TABQ 18 thoroughbred races conducted by non-TABQ thoroughbred 19 clubs in the year. 20 `(2) If, at the end of a year, the all-codes board has not paid 5.32% 21 of its net UNiTAB product fee for the year as prize money as 22 required under subsection (1), the all-codes board must use 23 the remaining amount of the 5.32% for supporting non-TABQ 24 thoroughbred racing. 25 Example of use of remaining amount of the 5.32% for supporting 26 non-TABQ thoroughbred racing-- 27 carrying out maintenance at a non-TABQ thoroughbred club 28 `9AH Delegation by all-codes board 29 `The all-codes board may delegate its powers to an 30 appropriately qualified person. 31 Page 21
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `Division 3 Membership of all-codes board 1 `9AI Members 2 `(1) The all-codes board consists of the following 5 members-- 3 (a) the chairperson of the Queensland Thoroughbred 4 Racing Board; 5 (b) the chairperson of the Queensland Harness Racing 6 Board; 7 (c) the chairperson of the Queensland Greyhound Racing 8 Board; 9 (d) 2 other members appointed by the Governor in Council. 10 `(2) If the position of chairperson of a control board is vacant, the 11 deputy chairperson of the control board is the member of the 12 all-codes board for the period of the vacancy. 13 `(3) A member appointed by the Governor in Council is to be 14 appointed for a term of not more than 3 years. 15 `(4) A person appointed as a member by the Governor in Council 16 may be reappointed. 17 `9AJ Eligibility of members 18 `(1) A person is eligible for appointment as a member of the 19 all-codes board only if the person-- 20 (a) is an eligible individual; and 21 (b) is suitable to be appointed to the all-codes board; and 22 (c) has skills and experience in 1 or more of the 23 following-- 24 (i) business or financial management; 25 (ii) law; 26 (iii) leadership; 27 (iv) marketing; 28 Page 22
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (v) a board code of racing. 1 `(2) For subsection (1)(b), in making a decision about the person's 2 suitability, the Governor in Council must have regard to each 3 of the following-- 4 (a) the person's character or business reputation; 5 (b) the person's current financial position and financial 6 background; 7 (c) the person's background. 8 `9AK Vacancy in member's office 9 `(1) The office of a member of the all-codes board becomes vacant 10 if-- 11 (a) for a member who is the chairperson of a control 12 board--the member ceases to be the chairperson of the 13 control board; or 14 (b) the member resigns by signed notice given to the 15 Minister; or 16 (c) the member ceases to be an eligible individual; or 17 (d) both-- 18 (i) the member is absent, without reasonable cause, 19 from 3 consecutive meetings of the all-codes board 20 after being given notice of the meetings; and 21 (ii) is not, within 6 weeks after the last meeting, 22 excused by the all-codes board for the absence; or 23 (e) the member is removed from office under subsection 24 (2). 25 `(2) The Governor in Council may remove a member of the 26 all-codes board from office as member for any reason or none. 27 Page 23
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `9AL Chairperson and deputy chairperson of all-codes 1 board 2 `(1) The Governor in Council must appoint 1 of the members of 3 the all-codes board as the chairperson of the all-codes board. 4 `(2) The Governor in Council must appoint 1 of the members of 5 the all-codes board as the deputy chairperson of the all-codes 6 board. 7 `(3) A person may be appointed as the chairperson or deputy 8 chairperson of the all-codes board at the same time as the 9 person is appointed as a member of the all-codes board or at 10 another time. 11 `9AM Vacancy in chairperson's or deputy chairperson's 12 office 13 `(1) The office of chairperson or deputy chairperson of the 14 all-codes board becomes vacant if the chairperson or deputy 15 chairperson-- 16 (a) ceases to be a member of the all-codes board; or 17 (b) resigns office as chairperson or deputy chairperson by 18 signed notice given to the Minister; or 19 (c) is removed from office as chairperson or deputy 20 chairperson under subsection (3). 21 `(2) The chairperson or deputy chairperson of the all-codes board 22 may resign office as chairperson or deputy chairperson 23 without resigning office as a member of the all-codes board. 24 `(3) The Governor in Council may remove a person from office as 25 the chairperson or deputy chairperson of the all-codes board 26 for any reason or none. 27 `9AN Casual vacancy 28 `(1) If the office of a member, chairperson or deputy chairperson 29 of the all-codes board becomes vacant before the end of the 30 member's, chairperson's or deputy chairperson's term, the 31 Governor in Council may appoint a person who is eligible to 32 Page 24
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] be appointed under section 9AJ or 9AL to the all-codes board 1 or to the office of chairperson or deputy chairperson. 2 `(2) A person appointed under subsection (1)-- 3 (a) completes the rest of the term of appointment of the 4 member, chairperson or deputy chairperson that the 5 person is replacing; and 6 (b) is eligible for reappointment at the end of the term stated 7 in paragraph (a). 8 `9AO Effect of vacancy in membership of all-codes board 9 Despite section 9AI(1) or 9AL(1) or (2), the performance of a 10 function, or exercise of a power, by the all-codes board is not 11 affected merely because of a vacancy in the office of a 12 member, the chairperson or the deputy chairperson of the 13 all-codes board. 14 `9AP Remuneration and other conditions of appointment 15 `(1) A member of the all-codes board is to be paid the 16 remuneration decided by the Governor in Council. 17 `(2) A member of the all-codes board holds office on the terms and 18 conditions, not provided for by this Act, that are decided by 19 the Governor in Council. 20 `Division 4 All-codes board business and 21 meetings 22 `9AQ Conduct of business 23 `Subject to this Act, the all-codes board may conduct its 24 business, including its meetings, in the way it considers 25 appropriate. 26 Page 25
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `9AR Time and place of meetings 1 `(1) The all-codes board may hold its meetings when and where 2 the chairperson of the all-codes board decides. 3 `(2) However, the chairperson must call a meeting if asked in 4 writing by at least 1 other member of the all-codes board. 5 `9AS Quorum 6 `A quorum for a meeting of the all-codes board is at least 3 of 7 the members of the all-codes board. 8 `9AT Presiding at meetings 9 `(1) The chairperson of the all-codes board presides at all meetings 10 of the all-codes board at which the chairperson is present. 11 `(2) If the chairperson is absent, the deputy chairperson presides. 12 `9AU Conduct of meetings 13 `(1) The all-codes board may conduct its meetings by using any 14 technology allowing reasonably contemporaneous and 15 continuous communication between persons taking part in the 16 meetings. 17 `(2) A member of the all-codes board who takes part in a meeting 18 of the board under subsection (1) is taken to be present at the 19 meeting. 20 `(3) A question at a meeting of the all-codes board is to be decided 21 by a majority of the votes of the members present at the 22 meeting. 23 `(4) If the votes are equal, the chairperson of the all-codes board 24 has a casting vote. 25 `(5) A resolution is a valid resolution of the all-codes board, even 26 though it is not passed at a meeting of the all-codes board, 27 if-- 28 Page 26
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (a) at least half the members give written agreement to the 1 resolution; and 2 (b) notice of the resolution is given in accordance with 3 procedures approved by the all-codes board. 4 `9AV Annual meeting 5 `(1) The all-codes board must, within 2 months after its annual 6 report is tabled in the Legislative Assembly, hold an annual 7 meeting. 8 `(2) The annual meeting must be open to the public. 9 `(3) The all-codes board must give 4 weeks notice of when and 10 where it intends to hold its annual meeting on its website. 11 `9AW Minister may call meeting 12 `(1) The Minister may direct the all-codes board to convene a 13 meeting to consider a matter specified by the Minister. 14 `(2) The all-codes board is to comply with the Minister's direction. 15 `9AX Minutes and other records 16 `The all-codes board must keep-- 17 (a) minutes of its meetings; and 18 (b) a record of its decisions and resolutions. 19 `9AY Dissenting opinion to be reported 20 `(1) A member of the all-codes board attending a meeting of the 21 all-codes board who objects to a decision made at the meeting 22 in relation to the provision of advice to the Minister on a 23 matter may require the member's objection, and the member's 24 reasons for the objection, to be-- 25 (a) recorded in the minutes of the meeting; and 26 Page 27
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (b) reported in writing to the Minister when the advice is 1 provided. 2 `(2) The all-codes board is to comply with the requirement. 3 `Division 5 Chief executive officer 4 `9AZ Chief executive officer of all-codes board 5 `(1) The all-codes board is to have a chief executive officer. 6 `(2) The chief executive officer of the all-codes board is appointed 7 by the Governor in Council. 8 `(3) A person is eligible for appointment to be the chief executive 9 officer if the person-- 10 (a) is nominated by the Minister; and 11 (b) is recommended by the all-codes board; and 12 (c) is an eligible individual; and 13 (d) is suitable to be appointed as the chief executive officer; 14 and 15 (e) has skills, expertise and experience to perform the 16 functions of the chief executive officer; and 17 (f) is not a member of the all-codes board or a control 18 board. 19 `(4) For subsection (3)(d), in making a decision about the person's 20 suitability, the Governor in Council must have regard to each 21 of the following-- 22 (a) the person's character or business reputation; 23 (b) the person's current financial position and financial 24 background; 25 (c) the person's background. 26 Page 28
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `9BA Term of office 1 `(1) The chief executive officer of the all-codes board holds office 2 for a term of 3 years. 3 `(2) The chief executive officer may be reappointed as chief 4 executive officer of the all-codes board. 5 `9BB Functions of chief executive officer 6 `The main functions of the chief executive officer of the 7 all-codes board are as follows-- 8 (a) to ensure the all-codes board is managed in accordance 9 with the priorities of the all-codes board; 10 (b) to ensure the efficient and effective administration of the 11 all-codes board; 12 (c) to ensure the all-codes board complies with the 13 requirements of this Act. 14 `9BC Remuneration and conditions of appointment 15 `(1) The chief executive officer of the all-codes board is employed 16 under this Act and not under the Public Service Act 2008. 17 `(2) The chief executive officer is to be paid the remuneration and 18 allowances decided by the Governor in Council. 19 `(3) The chief executive officer holds office on the terms and 20 conditions, not provided for by this Act, that are decided by 21 the all-codes board. 22 `9BD Vacancy 23 `(1) The office of chief executive officer of the all-codes board 24 becomes vacant if the chief executive officer-- 25 (a) completes the term of office and is not reappointed; or 26 (b) resigns by signed notice given to the Minister; or 27 (c) ceases to be an eligible individual; or 28 Page 29
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (d) is removed by the Governor in Council under subsection 1 (2). 2 `(2) The Governor in Council may remove the chief executive 3 officer of the all-codes board for any reason or none. 4 `9BE Acting chief executive officer of all-codes board 5 `(1) If there is a vacancy in the office of chief executive officer of 6 the all-codes board or the chief executive officer is absent or 7 for any reason is unable to perform the functions of the office, 8 the all-codes board may appoint a person to act as chief 9 executive officer for a period of not more than 3 months. 10 `(2) However, the all-codes board can not appoint a person under 11 subsection (1) for more than 3 months in any 1 year. 12 `9BF Delegation by chief executive officer 13 `The chief executive officer of the all-codes board may 14 delegate a function of the chief executive officer to an 15 appropriately qualified person approved by the all-codes 16 board. 17 `Division 6 Information to be collected about 18 potential member and chief 19 executive officer of all-codes board 20 `9BG Chief executive to gather information about candidate 21 `(1) Before a person (a candidate) may be appointed as a member 22 or the chief executive officer of the all-codes board, the 23 candidate must sign a consent form that gives the candidate's 24 consent to the following-- 25 (a) the collection of personal information about the 26 candidate by or for the chief executive; 27 (b) the collection of background information by or for the 28 chief executive; 29 Page 30
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (c) a criminal history check. 1 `(2) The chief executive may, by notice given to the candidate, 2 require the candidate to give the chief executive further 3 information or a document relating to the candidate within a 4 reasonable time stated in the notice. 5 `9BH Obtaining criminal history of candidate 6 `(1) The chief executive may ask the police commissioner for the 7 following-- 8 (a) a written report on the candidate's criminal history; and 9 (b) a brief description of the circumstances of a conviction 10 mentioned in the candidate's criminal history. 11 `(2) After receiving the request, the police commissioner must 12 give the report on the candidate's criminal history to the chief 13 executive. 14 `(3) However, the duty imposed on the police commissioner 15 applies only to information in the commissioner's possession 16 or to which the commissioner has access. 17 `Division 7 Duties of executive officers and 18 employees of all-codes board 19 `9BI Duty to act honestly and exercise care and diligence 20 `(1) An executive officer of the all-codes board must act honestly, 21 and must exercise a reasonable degree of care and diligence, 22 when performing the executive officer's functions and 23 exercising the executive officer's powers. 24 `(2) A current or former executive officer must not make improper 25 use of information acquired because of the executive officer's 26 position as an executive officer-- 27 (a) to gain, directly or indirectly, an advantage for the 28 executive officer or for any other person; or 29 Page 31
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (b) to cause detriment to-- 1 (i) the all-codes board; or 2 (ii) a control board. 3 `(3) An executive officer must not make improper use of the 4 executive officer's position as an executive officer-- 5 (a) to gain, directly or indirectly, an advantage for the 6 executive officer or for any other person; or 7 (b) to cause detriment to-- 8 (i) the all-codes board; or 9 (ii) a control board. 10 `(4) This section-- 11 (a) has effect in addition to, and not in derogation of, any 12 law relating to the civil or criminal liability of an 13 executive officer of the all-codes board; and 14 (b) does not prevent the starting of a civil or criminal 15 proceeding in respect of civil or criminal liability. 16 `9BJ Member must disclose interest 17 `(1) This section applies if-- 18 (a) a member (the interested member) of the all-codes 19 board has a direct or indirect pecuniary or other interest 20 in a matter being considered or about to be considered at 21 a meeting of the all-codes board; and 22 (b) the interest appears to raise a conflict with the proper 23 performance of the member's duties in relation to the 24 consideration of the matter. 25 `(2) The interested member must, as soon as possible after the 26 relevant facts have come to the interested member's 27 knowledge, disclose the nature of the interest at a meeting of 28 the all-codes board. 29 Page 32
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `(3) Particulars of any disclosure made under this section must be 1 recorded by the all-codes board in a register of interests kept 2 for the purpose. 3 `(4) Unless the all-codes board otherwise directs, the interested 4 member must not-- 5 (a) be present during any deliberation of the all-codes board 6 about the matter; or 7 (b) take part in any decision of the all-codes board about the 8 matter. 9 `(5) For the giving of a direction by the all-codes board under 10 subsection (4), the interested member must not-- 11 (a) be present during any deliberation of the all-codes board 12 for the purpose of deciding whether to give the 13 direction; or 14 (b) take part in the decision about giving the direction by 15 the all-codes board. 16 `(6) A contravention of this section does not invalidate any 17 decision of the all-codes board. 18 `(7) However, if the all-codes board becomes aware a member has 19 contravened this section, the all-codes board must reconsider 20 any decision made by the all-codes board in which the 21 member took part in contravention of this section. 22 `(8) If a member is a chairperson of a control board, the member 23 may have regard to, or may act in, the interests of the control 24 board for which the member is the chairperson. 25 `(9) However, a member may not act in a way that is contrary to 26 the interests of the all-codes board. 27 `(10) A reference to an interest or a conflict of interest is a reference 28 to a matter within its ordinary meaning under the general law, 29 and, in relation to an interest, the definition in the Acts 30 Interpretation Act 1954, section 36 does not apply. 31 Page 33
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `9BK Conflicts of interest 1 `(1) If a person employed by the all-codes board, other than a 2 member, has an interest that conflicts or may conflict with the 3 discharge of the person's duties, the person-- 4 (a) must disclose the nature of the interest and conflict to 5 the all-codes board as soon as practicable after the 6 relevant facts come to the person's knowledge; and 7 (b) must not take action or further action relating to a matter 8 that is, or may be, affected by the conflict unless 9 authorised by the all-codes board. 10 `(2) The all-codes board may direct a person employed by the 11 board to resolve a conflict or possible conflict between an 12 interest of the person and the person's duties. 13 `(3) For the interpretation of a reference to an interest or a conflict 14 of interest, see section 9BJ(10). 15 `Division 8 Immunity for members and chief 16 executive officer of all-codes board 17 `9BL Protection from liability 18 `(1) A member of the all-codes board or the chief executive officer 19 of the board does not incur civil liability for an act done, or 20 omission made, honestly and without negligence under this 21 Act. 22 `(2) If subsection (1) prevents a civil liability attaching to a 23 member or the chief executive, the liability attaches instead to 24 the all-codes board. 25 Page 34
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `Division 9 Ministerial direction to all-codes 1 board 2 `9BM Ministerial direction to all-codes board about its 3 functions or powers 4 `(1) The Minister may give the all-codes board a written direction 5 about the performance of its functions or the exercise of its 6 powers if the Minister is satisfied it is in the best interests of 7 the Queensland racing industry to give the direction. 8 `(2) However, the Minister may not give the all-codes board a 9 direction about any of the following-- 10 (a) the allocation of race days, and the provision of funding, 11 to clubs licensed by the all-codes board to hold race 12 meetings; 13 (b) the prize money for races held for a board code of 14 racing; 15 (c) a decision of the all-codes board for which there is a 16 right of appeal to the disciplinary board or a right of 17 review by the tribunal; 18 (d) a decision mentioned in section 149S(2). 19 `(3) The all-codes board must comply with a direction given under 20 subsection (1). 21 `(4) The all-codes board-- 22 (a) must include in its annual report, prepared under the 23 Financial Accountability Act 2009, section 63, details of 24 any direction given by the Minister under subsection (1) 25 during the financial year to which the report relates; and 26 (b) may include in the report a comment about the effect on 27 the all-codes board's activities of complying with the 28 direction. 29 Page 35
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `Division 10 Other matters 1 `9BN Committees 2 `(1) This section applies to a committee established by the 3 all-codes board under section 34(2)(q). 4 `(2) The all-codes board may decide on the membership and 5 functions of the committee. 6 `(3) Unless the all-codes board decides otherwise, the committee 7 may conduct its proceedings, including its meetings, as it 8 considers appropriate. 9 `Part 1B Control boards 10 `Division 1 Establishment, functions and 11 powers 12 `9BO Establishment of control boards 13 `Each of the following (each a control board) is established-- 14 (a) the Queensland Thoroughbred Racing Board; 15 (b) the Queensland Harness Racing Board; 16 (c) the Queensland Greyhound Racing Board. 17 `9BP Control boards for particular codes of racing 18 `(1) The Queensland Thoroughbred Racing Board is the control 19 board for the thoroughbred code of racing. 20 `(2) The Queensland Harness Racing Board is the control board 21 for the harness code of racing. 22 `(3) The Queensland Greyhound Racing Board is the control 23 board for the greyhound code of racing. 24 Page 36
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `9BQ Control board's functions and powers 1 `(1) A control board has the following functions-- 2 (a) to assist the all-codes board to manage the control 3 board's code of racing; 4 (b) to do anything that the control board is asked to do by 5 the all-codes board for the control board's code of 6 racing. 7 `(2) A control board may do any of the following for the control 8 board's code of racing-- 9 (a) review, and make recommendations about, the all-codes 10 board's allocation of-- 11 (i) dates on which race meetings are to be held; or 12 (ii) prize money; 13 (b) make recommendations to the all-codes board to amend 14 the code's rules of racing; 15 (c) consult with industry stakeholders; 16 (d) with approval from the all-codes board-- 17 (i) distribute the amount allocated by the all-codes 18 board to the control board as prize money for 19 races; and 20 (ii) develop strategic plans for the ongoing operation 21 of the code; and 22 (iii) prepare and implement plans and strategies for 23 developing, promoting and marketing the 24 commercial operations of the code; and 25 (iv) encourage and facilitate the development of 26 ancillary racing activities for the code; and 27 (v) anything necessary or convenient for the powers 28 under this subsection, or for performing the control 29 board's functions under subsection (1). 30 Page 37
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `9BR Authentication of documents 1 `A document made by a control board is sufficiently made if it 2 is signed by the board's chairperson or another person 3 authorised by the board. 4 `9BS Delegation by control board 5 `A control board may delegate any of its powers to an 6 appropriately qualified person approved by the all-codes 7 board. 8 `Division 2 Members of control board 9 `9BT Members 10 `A control board is to consist of 3 members appointed by the 11 Governor in Council. 12 `9BU Eligibility of members 13 `(1) A person is eligible for appointment as a member of a control 14 board if the person-- 15 (a) is an eligible individual; and 16 (b) is suitable to be appointed to the control board; and 17 (c) has skills and experience in 1 or more of the 18 following-- 19 (i) business or financial management; 20 (ii) law; 21 (iii) leadership; 22 (iv) marketing; 23 (v) the control board's code of racing. 24 `(2) For subsection (1)(b), in making a decision about the person's 25 suitability, the Governor in Council must have regard to each 26 of the following-- 27 Page 38
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (a) the person's character or business reputation; 1 (b) the person's current financial position and financial 2 background; 3 (c) the person's background. 4 `9BV Term of office 5 `(1) At the end of the initial term for a control board, 2 of the 6 original control board's members must stand down from the 7 control board. 8 `(2) The year after the end of the initial term, the remaining 9 member of the control board must stand down. 10 `(3) A member of a control board appointed after the initial term 11 serves a term of 3 years. 12 `(4) A person must not be appointed for more than 2 consecutive 13 terms. 14 `(5) In this section-- 15 initial term, for a control board, means 3 years after the day 16 the control board is established. 17 `9BW Vacancy in member's office 18 `(1) The office of a member of a control board becomes vacant if 19 the member-- 20 (a) resigns by signed notice given to the Minister; or 21 (b) ceases to be an eligible individual; or 22 (c) both-- 23 (i) the member is absent, without reasonable cause, 24 from 3 consecutive meetings of the control board 25 after being given notice of the meetings; and 26 (ii) is not, within 6 weeks after the last meeting, 27 excused by the control board for the absence; or 28 Page 39
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (d) is removed by the Governor in Council under subsection 1 (2). 2 `(2) The Governor in Council may remove a member of a control 3 board for any reason or none. 4 `(3) If a member of a control board resigns, the control board must 5 give notice about the resignation to the Minister and the chief 6 executive officer of the all-codes board under subsection (4). 7 (4) The notice mentioned in subsection (3) must-- 8 (a) be in the approved form; and 9 (b) be given within 14 days after the resignation of the 10 person as a member of a control board; and 11 (c) if, at the time of the resignation, the member was no 12 longer an eligible individual, include the reason the 13 member of the control board was no longer an eligible 14 individual. 15 `9BX Chairperson and deputy chairperson 16 `(1) The Governor in Council must appoint 1 member of each 17 control board to be the chairperson for the control board. 18 `(2) The Governor in Council must appoint 1 member of each 19 control board to be the deputy chairperson for the control 20 board. 21 `(3) A person may be appointed as the chairperson or deputy 22 chairperson of a control board at the same time as the person 23 is appointed as a member of the control board or at another 24 time. 25 `9BY Vacancy in chairperson's or deputy chairperson's 26 office 27 `(1) The office of chairperson or deputy chairperson of a control 28 board becomes vacant if the chairperson or deputy 29 chairperson-- 30 (a) ceases to be a member of the control board; or 31 Page 40
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (b) resigns office as chairperson or deputy chairperson by 1 signed notice given to the Minister; or 2 (c) is removed by the Governor in Council under subsection 3 (2). 4 `(2) The Governor in Council may remove a member of the 5 control board from the office of chairperson or deputy 6 chairperson of a control board for any reason or none. 7 `9BZ Casual vacancy 8 `(1) If the office of a member, chairperson or deputy chairperson 9 of a control board becomes vacant before the end of the 10 member's, chairperson's or deputy chairperson's term, the 11 Governor in Council may appoint a person who is eligible to 12 be appointed under section 9BU or 9BX to the control board 13 or the office of chairperson or deputy chairperson. 14 `(2) A person appointed under subsection (1)-- 15 (a) completes the rest of the term of appointment of the 16 member, chairperson or deputy chairperson that the 17 person is replacing; and 18 (b) is eligible to be reappointed only for 1 additional term at 19 the end of the term stated in paragraph (a). 20 `9CA Effect of vacancy in membership of control board 21 `Despite section 9BT or 9BX(1) or (2), the performance of a 22 function, or exercise of a power, by a control board is not 23 affected merely because of a vacancy in the office of a 24 member, the chairperson or the deputy chairperson of the 25 control board. 26 `9CB Remuneration and other conditions of appointment 27 `(1) A member of a control board is to be paid the remuneration 28 decided by the Governor in Council. 29 Page 41
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `(2) A member of a control board holds office on the terms and 1 conditions, not provided for by this Act, that are decided by 2 the Governor in Council. 3 `Division 3 Control board business and 4 meetings 5 `9CC Conduct of business 6 `Subject to this Act, a control board may conduct its business, 7 including its meetings, in the way it considers appropriate. 8 `9CD Time and place of meetings 9 `(1) A control board may hold its meetings when and where the 10 chairperson of the control board decides. 11 `(2) However, the chairperson of the control board must call a 12 meeting if asked in writing by at least 2 members of the 13 control board. 14 `9CE Quorum 15 `A quorum for a meeting of a control board is 2 members of 16 the control board. 17 `9CF Presiding at meetings 18 `(1) The chairperson of the control board presides at all meetings 19 of the board at which the chairperson is present. 20 `(2) If the chairperson of the control board is not present at a 21 meeting, the deputy chairperson of the control board presides. 22 `9CG Conduct of meetings 23 `(1) A control board may conduct its meetings by using any 24 technology allowing reasonably contemporaneous and 25 Page 42
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] continuous communication between persons taking part in the 1 proceedings. 2 `(2) A member of a control board who takes part in a meeting of 3 the control board under subsection (1) is taken to be present at 4 the meeting. 5 `(3) A question at a meeting of a control board is to be decided by 6 a majority of the votes of the members present at the meeting. 7 `(4) If the votes are equal, the chairperson of the control board has 8 the casting vote. 9 `(5) A resolution is a valid resolution of a control board, even 10 though it is not passed at a meeting of the board, if-- 11 (a) at least half of the members of the control board give 12 written agreement to the resolution; and 13 (b) notice of the resolution is given in accordance with 14 procedures approved by the control board. 15 `9CH Minutes and other records 16 `(1) A control board must keep-- 17 (a) minutes of its meetings; and 18 (b) a record of any of its decisions and resolutions. 19 `(2) A control board must give a copy of the minutes to the chief 20 executive officer of the all-codes board. 21 `Division 4 Information to be collected about 22 potential member of control board 23 `9CI Chief executive to gather information about candidate 24 `(1) Before a person (a candidate) may be appointed as a member 25 of a control board, the candidate must sign a consent form that 26 gives the candidate's consent to the following-- 27 (a) the collection of personal information about the 28 candidate by or for the chief executive; 29 Page 43
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (b) the collection of background information by or for the 1 chief executive; 2 (c) a criminal history check. 3 `(2) The chief executive may, by notice given to the candidate, 4 require the candidate to give the chief executive further 5 information or a document relating to the candidate within a 6 reasonable time stated in the notice. 7 `9CJ Obtaining criminal history of candidate 8 `(1) The chief executive may ask the police commissioner for the 9 following-- 10 (a) a written report on the candidate's criminal history; and 11 (b) a brief description of the circumstances of a conviction 12 mentioned in the candidate's criminal history. 13 `(2) After receiving the request, the police commissioner must 14 give the report on the candidate's criminal history to the chief 15 executive. 16 `(3) However, the duty imposed on the police commissioner 17 applies only to information in the commissioner's possession 18 or to which the commissioner has access. 19 `Division 5 Duties of members of control 20 boards 21 `9CK Duty to act honestly and exercise due care and 22 diligence 23 `(1) A member of a control board must act honestly, and must 24 exercise a reasonable degree of care and diligence, when 25 performing the member's functions and exercising the 26 member's powers. 27 `(2) A current or former member of a control board must not make 28 improper use of information acquired because of the 29 member's position as a member-- 30 Page 44
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] (a) to gain, directly or indirectly, an advantage for the 1 member or for any other person; or 2 (b) to cause detriment to the control board or to the control 3 board's code of racing. 4 `(3) A member of a control board must not make improper use of 5 the member's position as a member-- 6 (a) to gain, directly or indirectly, an advantage for the 7 member or for any other person; or 8 (b) to cause detriment to the control board or to the control 9 board's code of racing. 10 `(4) This section-- 11 (a) has effect in addition to, and not in derogation of, any 12 law relating to the civil or criminal liability of a member 13 of the control board; and 14 (b) does not prevent the starting of a civil or criminal 15 proceeding in respect of civil or criminal liability. 16 `9CL Member must disclose interest 17 `(1) This section applies if-- 18 (a) a member (the interested member) of a control board 19 has a direct or indirect pecuniary or other interest in a 20 matter being considered or about to be considered at a 21 meeting of the control board; and 22 (b) the interest appears to raise a conflict with the proper 23 performance of the member's duties in relation to the 24 consideration of the matter. 25 `(2) The interested member must, as soon as possible after the 26 relevant facts have come to the interested member's 27 knowledge, disclose the nature of the interest at a meeting of 28 the control board. 29 `(3) Particulars of any disclosure made under this section must be 30 recorded by the control board in a register of interests kept for 31 the purpose. 32 Page 45
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `(4) Unless the control board otherwise directs, the interested 1 member must not-- 2 (a) be present during any deliberation of the control board 3 about the matter; or 4 (b) take part in any decision of the control board about the 5 matter. 6 `(5) For the giving of a direction by the control board under 7 subsection (4), the interested member must not-- 8 (a) be present during any deliberation of the control board 9 for the purpose of deciding whether to give the 10 direction; or 11 (b) take part in the decision about giving the direction by 12 the control board. 13 `(6) A contravention of this section does not invalidate any 14 decision of the control board. 15 `(7) However, if the control board becomes aware a member of the 16 control board contravened this section, the control board 17 must-- 18 (a) disclose the contravention to the chief executive officer 19 of the all-codes board; and 20 (b) reconsider any decision made by the control board in 21 which the member took part in contravention of this 22 section. 23 `(8) A reference to an interest or a conflict of interest is a reference 24 to a matter within its ordinary meaning under the general law, 25 and, in relation to an interest, the definition in the Acts 26 Interpretation Act 1954, section 36 does not apply. 27 `9CM Disclosure of interest in licensed animal by member 28 of a control board 29 `(1) This section applies if a member of a control board is or 30 becomes an owner of a licensed animal, whether or not the 31 member derives a financial benefit from the ownership 32 interest. 33 Page 46
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `(2) The member must disclose the following information to a 1 meeting of the members of the control board and to the chief 2 executive officer of the all-codes board-- 3 (a) the number of licensed animals in which the member 4 has an ownership interest and the name by which each 5 animal is known; 6 (b) the code of racing for which each animal is licensed; 7 (c) the percentage of the member's ownership interest in 8 each animal. 9 Maximum penalty--40 penalty units. 10 `(3) The all-codes board must make information disclosed under 11 subsection (2) available to any person on request. 12 `(4) However, subsection (3) does not apply if the member who 13 disclosed the information is no longer a member of the control 14 board. 15 `(5) The all-codes board may charge a fee for making information 16 available under subsection (3). 17 `(6) A fee charged by the all-codes board for making information 18 available under subsection (3) must not be more than the 19 reasonable cost to the all-codes board of making the 20 information available. 21 `(7) Despite subsection (5), the all-codes board may not charge a 22 fee for making information available to the Minister or chief 23 executive. 24 `Division 6 Immunity for members of control 25 board 26 `9CN Protection from liability 27 `(1) A member of a control board does not incur civil liability for 28 an act done, or omission made, honestly and without 29 negligence under this Act. 30 Page 47
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 11] `(2) If subsection (1) prevents a civil liability attaching to a 1 member of a control board, the liability attaches instead to the 2 all-codes board. 3 `Division 7 Ministerial direction to control 4 board 5 `9CO Ministerial direction to control board about its 6 functions or powers 7 `(1) The Minister may give a control board a written direction 8 about the performance of its functions or the exercise of its 9 powers if the Minister is satisfied it is in the best interests of 10 the Queensland racing industry to give the direction. 11 `(2) However, the Minister may not give a control board a 12 direction about the following-- 13 (a) a recommendation to be given to the all-codes board 14 regarding the allocation of race days to hold race 15 meetings; 16 (b) the prize money for races held for the control board's 17 code of racing. 18 `(3) The control board must comply with a direction given under 19 subsection (1). 20 `Division 8 Investigating a control board 21 `9CP Investigation into suitability of a control board 22 `The chief executive may investigate a control board to find 23 out whether it is suitable to continue to carry out its functions. 24 `Part 2 Approved control bodies'. 25 Page 48
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 12] Clause 12 Renumbering of ch 2, pt 2, divs 2 to 7 1 Chapter 2, part 2, as inserted, divisions 2 to 7-- 2 renumber as divisions 1 to 6. 3 Clause 13 Amendment of s 11 (Approval application to be 4 accompanied by specific matters) 5 (1) Section 11(1)(d)-- 6 omit, insert-- 7 `(d) a consent form signed by each person who the approval 8 applicant considers is a business associate or executive 9 associate of the approval applicant that gives the 10 associate's consent to the following-- 11 (i) the collection of personal information about the 12 associate by or for the chief executive; 13 (ii) the collection of background information by or for 14 the chief executive; 15 (iii) a criminal history check;'. 16 (2) Section 11(2)(h)-- 17 omit. 18 (3) Section 11(4), from `approved,'-- 19 omit, insert-- 20 `approved-- 21 (a) capable of implementation by the approval applicant 22 within 18 months after the Minister's approval of the 23 application; or 24 (b) if the approval applicant believes the proposals for the 25 policies and the procedures are not capable of 26 implementation within the 18 months--the plans 27 mentioned in subsection (1)(f) must include an estimate 28 of when the policies and the procedures would be 29 capable of implementation by the approval applicant.'. 30 Page 49
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 14] Clause 14 Amendment of s 16 (Application of div 4) 1 Section 16, heading, `div 4'-- 2 omit, insert-- 3 `div 3'. 4 Clause 15 Replacement of s 22 (Chief executive must request 5 fingerprints of business associates and executive 6 associates of the approval applicant) 7 Section 22-- 8 omit, insert-- 9 `22 Request to obtain criminal history of business 10 associates and executive associates of approval 11 applicant 12 `(1) This section applies if-- 13 (a) a business associate or executive associate of an 14 approval applicant is an individual; and 15 (b) the associate's consent for the chief executive to obtain 16 the associate's criminal history did not accompany the 17 approval application. 18 `(2) The chief executive must, by notice to the approval applicant, 19 ask the applicant for the written consent of the business 20 associate or executive associate for the chief executive to 21 obtain the associate's criminal history. 22 `(3) If the business associate or executive associate does not 23 consent, or withdraws his or her consent, the application is 24 taken to have been withdrawn.'. 25 Clause 16 Amendment of s 23 (Obtaining the criminal history of an 26 individual) 27 (1) Section 23(1)-- 28 omit, insert-- 29 `(1) If the chief executive has the written consent of an approval 30 applicant's business associate or executive associate who is an 31 Page 50
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 17] individual to obtain the individual's criminal history, the chief 1 executive may ask the police commissioner for the 2 following-- 3 (a) a written report on the individual's criminal history; 4 (b) a brief description of the circumstances of a conviction 5 mentioned in the individual's criminal history.'. 6 (2) Section 23(3)-- 7 omit, insert-- 8 `(3) However, the duty imposed on the police commissioner 9 applies only to information in the commissioner's possession 10 or to which the commissioner has access.'. 11 Clause 17 Omission of s 32 (Destruction of fingerprints) 12 Section 32-- 13 omit. 14 Clause 18 Insertion of new ch 2, pt 2, div 7 and div 8, hdg 15 Chapter 2, part 2, as inserted and renumbered-- 16 insert-- 17 `Division 7 Requirements for approved control 18 body after approval 19 `32 Approved control body to report to chief executive on 20 status as eligible corporation in previous financial year 21 `(1) Within 14 days after each anniversary day for an approved 22 control body, the approved control body must give the chief 23 executive a notice about whether the approved control body 24 has been an eligible corporation for the year before the 25 anniversary day and is, on that anniversary day, an eligible 26 corporation. 27 `(2) A notice under subsection (1) must be in the approved form. 28 `(3) In this section-- 29 Page 51
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 19] anniversary day, for an approved control body, means each 1 day that is the anniversary of the day on which the approved 2 control body's approval took effect. 3 `Division 8 Disciplinary action against 4 approved control bodies'. 5 Clause 19 Amendment of s 33 (Function of control body) 6 Section 33(2)-- 7 omit. 8 Clause 20 Amendment of s 34 (Powers of control body for its code 9 of racing) 10 (1) Section 34, before section 34(1)-- 11 insert-- 12 `(1A) A control body has-- 13 (a) the powers necessary for performing its function; and 14 (b) all other powers necessary for discharging the 15 obligations imposed on the control body under this 16 Act.'. 17 (2) Section 34(1), `A control body'-- 18 omit, insert-- 19 `Without limiting subsection (1), a control body'. 20 (3) Section 34(1)-- 21 insert-- 22 `(aa) allocate dates on which race meetings are held under 23 section 38; 24 (ea) conduct research and investigations into all aspects of 25 the breeding of animals and racing of licensed animals;'. 26 (4) Section 34(1)(g), `make decisions about,'-- 27 Page 52
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 20] omit, insert-- 1 `investigate, make decisions about'. 2 (5) Section 34(1)-- 3 insert-- 4 `(ga) supervise-- 5 (i) the construction of a new racing venue; or 6 (ii) alterations or renovations to an existing racing 7 venue; 8 (gb) examine a licensed club's constitution to determine if it 9 complies with this Act and the relevant rules of racing; 10 (gc) publish material to inform the public, whether in 11 Queensland or elsewhere; 12 (gd) prepare, on its own motion or when directed by the 13 Minister, reports and recommendations; 14 (ge) order the audit of the books and accounts of a licensed 15 club by a registered company auditor under the 16 Corporations Act;'. 17 (6) Section 34(1)(i), `section 113E(1)'-- 18 omit, insert-- 19 `section 113AF(1)'. 20 (7) Section 34(1)(j)-- 21 omit, insert-- 22 `(j) establish a committee or another entity that-- 23 (i) assists the control body to perform its functions; or 24 (ii) provides advice to the control body about 25 performing its functions, and performs 26 administrative functions, for non-TABQ races.'. 27 (8) Section 34(1)(a) to (j)-- 28 renumber as section 34(1)(a) to (q). 29 (9) Section 34(1A) to (5)-- 30 Page 53
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 21] renumber as section 34(1) to (6). 1 Clause 21 Relocation and renumbering of s 34A (Control body 2 approved for more than one code of racing) 3 Section 34A-- 4 relocate and renumber, in chapter 2, part 2, as inserted, 5 division 5, as renumbered, as section 27A. 6 Clause 22 Relocation and renumbering of s 36 (Obligation to 7 implement plans as stated in approval application) 8 Section 36-- 9 relocate and renumber, in chapter 2, part 2, as inserted, 10 division 7, as inserted, as section 32A. 11 Clause 23 Replacement of ch 2, pt 3, div 3, hdg (Annual reporting by 12 control bodies and related issues) 13 Chapter 2, part 3, division 3, heading-- 14 omit, insert-- 15 `Division 3 Reporting to chief executive'. 16 Clause 24 Amendment of s 41 (Annual reporting by control body) 17 (1) Section 41, heading-- 18 omit, insert-- 19 `41 Plan for managing code of racing'. 20 (2) Section 41(2) and (3)-- 21 omit, insert-- 22 `(2) The plan must be attached to a notice in the approved form.'. 23 Page 54
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 25] Clause 25 Amendment of s 42 (Notice about change of executive 1 officers) 2 (1) Section 42(3), after `approval'-- 3 insert-- 4 `or, for the all-codes board, is appointed as an executive 5 officer of the body after the body is established'. 6 (2) Section 42(4)(d)-- 7 omit, insert-- 8 `(d) be accompanied by a consent form signed by the person 9 that gives the person's consent to the following-- 10 (i) the collection of personal information about the 11 person by or for the chief executive; 12 (ii) the collection of background information by or for 13 the chief executive; 14 (iii) a criminal history check.'. 15 Clause 26 Amendment, relocation and renumbering of s 43 (Notice 16 of event resulting in a control body not being an eligible 17 corporation) 18 (1) Section 43(3), `chief executive's power under section 53'-- 19 omit, insert-- 20 `Minister's power under section 32G'. 21 (2) Section 43-- 22 relocate and renumber in chapter 2, part 2, as inserted, 23 division 7, as inserted, as section 32B. 24 Clause 27 Omission of ch 2, pt 4, div 1, hdg (Ministerial directions to 25 control bodies) 26 Chapter 2, part 4, division 1, heading-- 27 omit. 28 Page 55
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 28] Clause 28 Amendment, relocation and renumbering of s 45 1 (Minister may give a direction to control body about its 2 policies or rules) 3 (1) Section 45, heading, `Minister may give a direction to'-- 4 omit, insert-- 5 `Ministerial direction to approved'. 6 (2) Section 45-- 7 relocate and renumber in chapter 2, part 2, as inserted, 8 division 7, as inserted, as section 32C. 9 Clause 29 Renumbering of ch 2, pt 4, div 2 (Audit regime and other 10 investigations) 11 Chapter 2, part 4, division 2-- 12 renumber as chapter 2, part 4, division 1. 13 Clause 30 Amendment of s 47 (Investigations into suitability of a 14 control body) 15 Section 47(2)-- 16 omit. 17 Clause 31 Amendment of s 48 (Investigation into suitability of 18 associate of control body) 19 Section 48(2)-- 20 omit. 21 Clause 32 Amendment of s 51 (Criminal history report for 22 investigation) 23 (1) Section 51(1), `the commissioner of the police service'-- 24 omit, insert-- 25 `the police commissioner'. 26 (2) Section 51(2)-- 27 Page 56
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 33] omit, insert-- 1 `(2) The report is to contain-- 2 (a) the person's criminal history; and 3 (b) a brief description of the circumstances of a conviction 4 mentioned in the person's criminal history. 5 `(3) However, the duty imposed on the police commissioner 6 applies only to information in the commissioner's possession 7 or to which the commissioner has access.'. 8 Clause 33 Omission of ch 2, pt 4, div 3, hdg (Disciplinary action 9 against control bodies) 10 Chapter 2, part 4, division 3, heading-- 11 omit. 12 Clause 34 Amendment of s 52 (Grounds for disciplinary action 13 relating to the approval of a control body for its code of 14 racing) 15 (1) Section 52(1)(f)-- 16 omit, insert-- 17 `(f) the control body contravenes a Ministerial direction;'. 18 (2) Section 52(3)-- 19 omit. 20 Clause 35 Relocation and renumbering of ss 52-58 21 Sections 52 to 58-- 22 relocate and renumber in chapter 2, part 2, as inserted, 23 division 8, as inserted, as sections 32F to 32L. 24 Clause 36 Replacement of ch 2, pt 4, div 4, hdg (Other provisions 25 about control bodies) 26 Chapter 2, part 4, division 4, heading-- 27 Page 57
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 37] omit, insert-- 1 `Division 2 Executive officers of control body to 2 disclose interest in licensed 3 animal'. 4 Clause 37 Relocation and renumbering of ss 59 and 60 5 Sections 59 and 60-- 6 relocate and renumber in chapter 2, part 2, as inserted, 7 division 7, as inserted, as sections 32D and 32E. 8 Clause 38 Amendment of s 60A (Disclosure of interest in licensed 9 animal by executive officer of control body) 10 (1) Section 60A(1), `becomes, or is on the commencement of this 11 section, an'-- 12 omit, insert-- 13 `is or becomes an'. 14 (2) Section 60A(2), `directors'-- 15 omit, insert-- 16 `relevant persons'. 17 (3) Section 60A-- 18 insert-- 19 `(8) In this section-- 20 relevant persons, of the control body, means-- 21 (a) if the control body is the all-codes board--the members 22 of the control body; or 23 (b) if the control body is an approved control body--the 24 directors of the control body.'. 25 Page 58
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 39] Clause 39 Omission of s 60B (Payment of share of net UNiTAB 1 product fee as prize money) 2 Section 60B-- 3 omit. 4 Clause 40 Amendment of s 81 (Matters for which a control body 5 must have a policy) 6 (1) Section 81(h)-- 7 omit. 8 (2) Section 81(i) to (w)-- 9 renumber as section 81(h) to (v). 10 Clause 41 Amendment of s 87 (Control body's policy for a licensing 11 scheme) 12 (1) Section 87(6)-- 13 renumber as section 87(7). 14 (2) Section 87-- 15 insert-- 16 `(6) A control body's policy for its licensing scheme may also 17 provide for matters relating to an offcourse approval held by a 18 racing bookmaker that are relevant to an effective licensing 19 scheme.'. 20 Clause 42 Omission of ch 3, pt 3, div 1, hdg (General provisions 21 about rules of racing) 22 Chapter 3, part 3, division 1, heading-- 23 omit. 24 Page 59
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 43] Clause 43 Omission of ch 3, pt 3, div 2 (Appeals under rules of 1 racing) 2 Chapter 3, part 3, division 2-- 3 omit. 4 Clause 44 Amendment of s 113 (Prohibition of disposal of assets 5 etc. of non-proprietary entity) 6 Section 113(5), from `appropriate'-- 7 omit, insert-- 8 `appropriate.'. 9 Clause 45 Renumbering of ss 113A-113G 10 Sections 113A to 113G-- 11 renumber as sections 113AB to 113AK. 12 Clause 46 Insertion of new ch 3A 13 After section 113AK, as renumbered-- 14 insert-- 15 `Chapter 3A Racing Integrity 16 Commissioner 17 `Part 1 Establishment 18 `113AL Racing Integrity Commissioner 19 `(1) There is to be a Racing Integrity Commissioner. 20 `(2) The Governor in Council is to appoint the commissioner on 21 the recommendation of the Minister. 22 `(3) A person may be appointed as the commissioner only on a 23 part-time basis and for a term of not more than 3 years. 24 Page 60
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 46] `(4) The commissioner may be reappointed. 1 `(5) The commissioner is to be paid the remuneration and 2 allowances decided by the Governor in Council. 3 `(6) Subject to this Act, a person holds office as the commissioner 4 on the conditions decided by the Governor in Council. 5 `(7) The commissioner must be appointed under this Act and not 6 under the Public Service Act 2008. 7 `113AM Persons eligible to be commissioner 8 `A person is eligible to be the commissioner if the person-- 9 (a) is an eligible individual; and 10 (b) is not a member or employee of a control body or a 11 control board. 12 `Part 2 Functions and powers of 13 commissioner 14 `113AN Functions of commissioner 15 `(1) The commissioner has the following functions-- 16 (a) to conduct audits of and investigate the integrity 17 processes of a control body-- 18 (i) as decided by the commissioner from time to time; 19 or 20 (ii) when requested by the Minister; 21 (b) to investigate complaints about an integrity process of a 22 control body; 23 (c) to report the commissioner's findings of an audit or 24 investigation under paragraph (a) or (b) to the Minister; 25 Page 61
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 46] (d) to make recommendations arising from an audit or 1 investigation to the Minister and the control body. 2 `(2) The commissioner also has the other functions given to the 3 commissioner under this or another Act. 4 `(3) In this section-- 5 integrity process, of a control body, means a policy, process, 6 system, action, decision or other matter affecting the integrity 7 of or the public's confidence in the control body's code of 8 racing. 9 `113AO General restrictions on functions 10 `The commissioner can not investigate-- 11 (a) a matter that has already been decided by a court, the 12 tribunal or the disciplinary board; or 13 (b) a matter the subject of an unfinished proceeding started 14 in a court, the tribunal or that is before the disciplinary 15 board. 16 `113AP Powers of the commissioner 17 `(1) The commissioner has the powers necessary for performing 18 the commissioner's functions. 19 `(2) The commissioner also has the other powers given to the 20 commissioner under this or another Act. 21 `113AQ Vacancy in office 22 `The office of the commissioner becomes vacant if the 23 commissioner-- 24 (a) ceases to be eligible to be the commissioner under 25 section 113AM; or 26 (b) resigns from office by signed notice given to the 27 Minister; or 28 (c) is removed from office under section 113AR. 29 Page 62
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 46] `113AR Removal or suspension of commissioner 1 `The Governor in Council may remove or suspend a person 2 from office as commissioner for any reason or none. 3 `113AS Protection from liability 4 `(1) The commissioner does not incur civil liability for an act 5 done, or omission made, honestly and without negligence 6 under this Act. 7 `(2) If subsection (1) prevents a civil liability attaching to the 8 commissioner, the liability attaches instead to the State. 9 `Part 3 Audits and investigations 10 `113AT Commissioner's powers for audits and investigations 11 `(1) In conducting an audit or investigation, the commissioner 12 may-- 13 (a) act in the absence of a person who has been given 14 reasonable notice of the audit or investigation; and 15 (b) receive evidence on oath or affirmation or by statutory 16 declaration; and 17 (c) disregard a defect, error or insufficiency in a document. 18 `(2) The commissioner may administer an oath or affirmation to a 19 person appearing as a witness before the commissioner. 20 `113AU Power to require attendance and giving of evidence 21 `(1) If the commissioner has reason to believe a person has 22 information relevant to an audit or investigation, the 23 commissioner may give the person a written notice requiring 24 the person to attend before the commissioner to answer 25 questions relevant to the audit or investigation. 26 Page 63
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 46] `(2) The notice must state-- 1 (a) the place at which the person must attend; and 2 (b) a reasonable time at which, or a reasonable period for 3 which, the person must attend. 4 `(3) The notice may require the person to give evidence on oath or 5 affirmation. 6 `113AV Power to require information, document or thing 7 `(1) If the commissioner has reason to believe a person has 8 information or a document or thing relevant to an audit or 9 investigation, the commissioner may give the person a written 10 notice requiring the person to-- 11 (a) give the information to the commissioner in writing 12 signed by the person or, in the case of a corporation, by 13 an officer of the corporation; or 14 (b) produce the document or thing to the commissioner. 15 `(2) The notice must state-- 16 (a) the place at which the information, document or thing 17 must be given or produced to the commissioner; and 18 (b) a reasonable time at which, or a reasonable period 19 within which, the information, document or thing must 20 be given or produced. 21 `113AW Offences by witnesses 22 `(1) A person who is given a notice under section 113AU or 23 113AV must not, without reasonable excuse-- 24 (a) fail to attend as required by the notice; or 25 (b) fail to continue to attend as required by the 26 commissioner until excused from further attendance; or 27 (c) fail to produce a document or thing the person is 28 required to produce by the notice. 29 Maximum penalty--100 penalty units. 30 Page 64
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 46] `(2) A person appearing as a witness at the audit or investigation 1 must not, without reasonable excuse-- 2 (a) fail to take an oath or make an affirmation when 3 required by the commissioner; or 4 (b) fail to answer a question the person is required to 5 answer by the commissioner. 6 Maximum penalty--100 penalty units. 7 `(3) A person appearing as a witness at the audit or investigation 8 must not give the commissioner information the person knows 9 is false or misleading in a material particular. 10 Maximum penalty--100 penalty units. 11 `(4) A person who is given a notice under section 113AV must not 12 give the commissioner information, or a document containing 13 information, the person knows is false or misleading in a 14 material particular. 15 Maximum penalty--100 penalty units. 16 `(5) Subsection (3) or (4) does not apply to a person who, when 17 giving a document-- 18 (a) tells the commissioner, to the best of the person's ability, 19 how the information is false or misleading; and 20 (b) if the person has, or can reasonably get, the correct 21 information--gives the correct information to the 22 commissioner. 23 `(6) In this section-- 24 giving, information to a person, includes stating information 25 to the person. 26 `113AX Power to refuse to investigate complaint 27 `(1) The commissioner may refuse to investigate a complaint 28 about an integrity process of a control body or, having started 29 to investigate a complaint, may refuse to continue the 30 investigation, if-- 31 (a) the matter is being investigated by another entity; or 32 Page 65
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 46] (b) the commissioner is reasonably satisfied it is appropriate 1 for another entity to investigate the matter. 2 `(2) If the commissioner refuses to investigate, or continue to 3 investigate, a complaint under subsection (1), the 4 commissioner must prepare a report stating-- 5 (a) the reasons the commissioner refused to investigate, or 6 to continue to investigate, the complaint; and 7 (b) whether the commissioner is likely to investigate, or 8 continue to investigate, the complaint in the future; and 9 (c) any other matter the commissioner considers reasonable 10 to include in the report. 11 `(3) The commissioner must give a copy of the report to the 12 Minister. 13 `113AY Report of findings 14 `(1) This section applies to-- 15 (a) an audit; or 16 (b) an investigation other than-- 17 (i) an investigation that the commissioner has refused 18 to investigate or to continue to investigate under 19 section 113AX; or 20 (ii) an investigation about a complaint if the complaint 21 has been withdrawn. 22 `(2) After finishing the audit or investigation, the commissioner 23 must prepare a report that includes-- 24 (a) the commissioner's findings; and 25 (b) the commissioner's recommendations, if any, based on 26 the findings; and 27 (c) any other matter the commissioner considers reasonable 28 to include in the report. 29 `(3) The commissioner must give a copy of the report to the 30 Minister. 31 Page 66
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 46] `(4) The commissioner may also give a copy of the report to 1 another person approved by the Minister. 2 `Part 4 Administration 3 `113AZ Staff 4 `(1) The chief executive may appoint or assign staff required by 5 the commissioner for the performance of the commissioner's 6 functions. 7 `(2) A public service officer appointed or assigned by the chief 8 executive under subsection (1) holds the appointment or 9 performs the duties concurrently with any other appointment 10 the officer holds in the public service. 11 Note-- 12 The public service officers are employed under the Public Service Act 13 2008. 14 `(3) A person appointed under subsection (1) may be appointed 15 under the Public Service Act 2008 or under this Act. 16 `113BA Funding 17 `(1) The cost of the performance of the commissioner's functions 18 is funded by the control bodies. 19 `(2) The chief executive must-- 20 (a) decide the amount a control body must pay from time to 21 time towards the cost of the performance of the 22 commissioner's functions; and 23 (b) give the control body an invoice for the amount. 24 `(3) The amount of the invoice is payable 28 days after the control 25 body receives the invoice. 26 Page 67
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 46] `113BB Recovery of unpaid amounts 1 `If a control body does not pay an amount payable under 2 section 113BA(3), the State may recover the amount from the 3 control body as a debt. 4 `Part 5 Reporting 5 `113BC Annual report 6 `(1) The commissioner must prepare and give the Minister a 7 written report about the operations of the commissioner 8 during each financial year. 9 `(2) Without limiting subsection (1), the report must contain the 10 following-- 11 (a) a review of the work undertaken by the commissioner 12 during the financial year; 13 (b) proposals, if any, for improving the operations of the 14 commissioner; 15 (c) a forecast of the work of the commissioner for the 16 following financial year. 17 `(3) The report must be given by 31 August in the following 18 financial year. 19 `113BD Commissioner to report failure by control body to act 20 on recommendation 21 `(1) This section applies if the commissioner is reasonably 22 satisfied, according to the circumstances, that a control body 23 has failed to-- 24 (a) implement a recommendation of the commissioner; or 25 Page 68
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 47] (b) otherwise reasonably act on a recommendation of the 1 commissioner. 2 `(2) The commissioner must report the failure to the Minister.'. 3 Clause 47 Amendment of s 147 (Procedure after analysis) 4 (1) Section 147(3)(b)-- 5 omit, insert-- 6 `(b) the place at which, and the day when or period over 7 which, the thing was analysed;'. 8 (2) Section 147-- 9 insert-- 10 `(4) However, if the thing was delivered to the accredited facility 11 by a control body, the analyst at the accreditation facility is 12 not required to give a notice of results under subsection (2) 13 if-- 14 (a) no drug or code substance was found in or on the thing; 15 or 16 (b) a drug or code substance was found in or on the thing at 17 a level below the level stated in-- 18 (i) an agreement between the accredited facility and 19 the control body; or 20 (ii) the control body's rules of racing.'. 21 Clause 48 Insertion of new ch 4A 22 After section 149-- 23 insert-- 24 Page 69
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `Chapter 4A Racing Disciplinary Board 1 proceedings 2 `Part 1 Racing Disciplinary Board 3 `Division 1 Establishment and functions 4 `149A Establishment of disciplinary board 5 `The Racing Disciplinary Board (the disciplinary board) is 6 established. 7 `149B Functions of disciplinary board 8 `The functions of the disciplinary board are to-- 9 (a) hear and decide appeals by aggrieved persons against 10 appellable decisions; and 11 (b) refer appeals to the tribunal if, in the disciplinary 12 board's opinion, it is in the public interest to do so. 13 `Division 2 Membership of disciplinary board 14 `149C Members 15 `(1) The disciplinary board consists of the following persons (each 16 a member) appointed by the Minister by gazette notice-- 17 (a) a person who is a lawyer of at least 5 years standing; 18 (b) another person who is a lawyer; 19 (c) at least 3 other persons, each of whom-- 20 (i) is a lawyer; or 21 (ii) has, in the Minister's opinion, a thorough 22 knowledge of the rules of racing of a control body. 23 Page 70
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `(2) A member of the disciplinary board is to be appointed for a 1 term of not more than 3 years. 2 `(3) A member may be reappointed. 3 `(4) Members, other than a member who is a public service officer, 4 are appointed under this Act and not the Public Service Act 5 2008. 6 `149D Chairperson and deputy chairperson of disciplinary 7 board 8 `(1) The Minister must appoint a member who is a lawyer of at 9 least 5 years standing to be the disciplinary board's 10 chairperson. 11 `(2) The Minister must appoint another member who is a lawyer to 12 be the disciplinary board's deputy chairperson. 13 `(3) A person may be appointed as the chairperson or deputy 14 chairperson at the same time as the person is appointed as a 15 member. 16 `149E Eligibility of members 17 `A person is eligible to be a member of the disciplinary board 18 if the person-- 19 (a) is an eligible individual; and 20 (b) is not a member or employee of a control body or a 21 control board. 22 `149F Resignation 23 `A member may resign by signed notice given to the Minister. 24 `149G Termination of appointment 25 `(1) The Minister may end the appointment of a member by 26 written notice to the member if-- 27 Page 71
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (a) the Minister considers the member is not performing the 1 member's functions satisfactorily; or 2 (b) the member is guilty of misconduct of a kind that could 3 warrant dismissal from the public service if the member 4 were an officer of the public service. 5 `(2) A notice under subsection (1) must contain the Minister's 6 reasons for ending the appointment. 7 `(3) In this section-- 8 misconduct means-- 9 (a) inappropriate or improper conduct in an official 10 capacity; or 11 Example-- 12 victimising another member in the course of the other member's 13 membership of the disciplinary board 14 (b) inappropriate or improper conduct in a private capacity 15 that reflects seriously and adversely on the disciplinary 16 board. 17 Example-- 18 publishing defamatory comments about another member 19 `149H Vacancy in office 20 `(1) The office of a member of the disciplinary board becomes 21 vacant if-- 22 (a) the member ceases to be eligible to be a member under 23 section 149E; or 24 (b) the member resigns from office under section 149F; or 25 (c) the Minister ends the appointment of the member under 26 section 149G. 27 `(2) If the office of a member of the disciplinary board becomes 28 vacant, the Minister may appoint another person to be a 29 member of the disciplinary board. 30 Page 72
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `149I Effect of vacancy in membership of disciplinary board 1 `Despite section 149C(1) or 149D(1) or (2), the performance 2 of a function, or exercise of a power, by the disciplinary board 3 is not affected merely because of a vacancy in the membership 4 of the disciplinary board. 5 `149J Remuneration of members 6 `A member is entitled to the remuneration and allowances 7 decided by the Minister. 8 `149K Member of disciplinary board who is public service 9 officer 10 `If an officer of the public service is appointed as a member of 11 the disciplinary board, the public service officer holds the 12 appointment concurrently with any other appointment the 13 officer holds in the public service. 14 `149L Protection of members from civil liability 15 `(1) A member is not civilly liable for an act done, or omission 16 made, honestly and without negligence under this Act. 17 `(2) If subsection (1) prevents civil liability attaching to a member, 18 the liability attaches instead to the State. 19 `Division 3 Chairperson 20 `149M Role of chairperson 21 `(1) The role of the chairperson of the disciplinary board includes 22 the following-- 23 (a) choosing members to constitute the disciplinary board 24 under section 149O or 149ZD for hearing and deciding 25 an appeal; 26 Page 73
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (b) directing the disciplinary board's adjudicative 1 operations to ensure the operations are as fair, 2 economical, informal and speedy as practicable; 3 (c) developing, with the participation of the other members, 4 guiding principles that promote high quality and 5 consistent decisions by the disciplinary board; 6 (d) developing and implementing procedures and policies 7 for the disciplinary board's adjudicative operations; 8 (e) making practice directions of general application to 9 appeals; 10 (f) managing the overall performance of members; 11 (g) taking responsibility for the professional development 12 and training of members relating to the performance of 13 their role. 14 `(2) The chairperson may do all things necessary or convenient to 15 be done for the performance of the chairperson's role. 16 `149N Chairperson may delegate 17 `(1) The chairperson may delegate the chairperson's powers under 18 this Act to-- 19 (a) the deputy chairperson of the disciplinary board; or 20 (b) a member who is a lawyer. 21 `(2) However, the chairperson may delegate the chairperson's 22 power to choose members to constitute the disciplinary board 23 to-- 24 (a) another member; or 25 (b) the registrar. 26 Page 74
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `Division 4 Constitution of disciplinary board 1 `149O Constitution of disciplinary board for hearing and 2 deciding accepted appeal 3 `(1) For hearing and deciding an accepted appeal, the chairperson 4 must choose 1, 2 or 3 members to constitute the disciplinary 5 board. 6 `(2) If the chairperson chooses only 1 member to constitute the 7 disciplinary board, the person must be a lawyer and have a 8 thorough knowledge of the relevant control body's rules of 9 racing for its code of racing. 10 `(3) The relevant control body for an accepted appeal is the 11 control body whose appellable decision is being appealed 12 against. 13 `(4) If the chairperson chooses 2 or 3 members to constitute the 14 disciplinary board-- 15 (a) the members chosen must include-- 16 (i) 1 member who is a lawyer; and 17 (ii) 1 member who, in the chairperson's opinion, has a 18 thorough knowledge of the relevant control body's 19 rules of racing for its code of racing; and 20 (b) the chairperson must choose a person to be the 21 chairperson of the disciplinary board as constituted (the 22 appeal chairperson). 23 `(5) The member or members chosen may constitute the 24 disciplinary board even if other members are, at the same 25 time, constituting the disciplinary board for the purposes of 26 hearing and deciding a separate accepted appeal. 27 `(6) If the disciplinary board is constituted for more than 1 28 accepted appeal at the same time, the members chosen for 29 each accepted appeal may separately exercise the jurisdiction 30 and powers of the disciplinary board. 31 Page 75
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `Division 5 Staff of disciplinary board 1 `149P Appointment of registrar and other officers 2 `(1) The chief executive may appoint a registrar to the disciplinary 3 board, and other officers the chief executive considers 4 appropriate, to help the disciplinary board perform its 5 functions. 6 `(2) A public service officer appointed under subsection (1), or 7 assigned by the chief executive to perform duties to help the 8 disciplinary board, holds the appointment or performs the 9 duties concurrently with any other appointment the officer 10 holds in the public service. 11 Note-- 12 The registrar and other officers are employed under the Public Service 13 Act 2008. 14 `(3) The registrar has the powers and must perform the functions 15 of the registrar under this Act. 16 `149Q Assigning staff of control body 17 `(1) The chairperson may require a control body to assign staff 18 members of the control body to help the disciplinary board 19 perform its functions-- 20 (a) with the approval of the chief executive; and 21 (b) if the chairperson reasonably considers it necessary. 22 `(2) A control body must not, without a reasonable excuse, fail to 23 comply with a requirement of the chairperson under 24 subsection (1). 25 Page 76
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `Part 2 Appeals against appellable 1 decisions 2 `Division 1 Preliminary 3 `149R Definitions for pt 2 4 `In this part-- 5 accepted appeal see section 149W(2). 6 aggrieved person, for an appellable decision, see section 7 149T(2). 8 appeal chairperson, of a constituted board, see section 9 149O(4)(b). 10 appellable decision, of a control body, see section 149S. 11 constituted board, for an accepted appeal, means the 12 disciplinary board as constituted to hear and decide the 13 appeal. 14 expert see section 149ZP(1). 15 notice of appeal see section 149U(1). 16 party, to an accepted appeal, see section 149X. 17 `149S What is an appellable decision 18 `(1) An appellable decision of a control body is a decision of the 19 control body to do any of the following-- 20 (a) refuse to grant or renew a licence; 21 (b) take disciplinary action relating to a licence; 22 (c) take an exclusion action against a person; 23 (d) impose a monetary penalty on a person; 24 (e) impose any other non-monetary penalty on a person. 25 Page 77
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `(2) However, the following decisions of a control body are not 1 appellable decisions-- 2 (a) a decision relating to the eligibility of an animal to race 3 or the conditions under which an animal can race; 4 Example-- 5 a control body's decision requiring an animal to pass a stated 6 examination or test before being allowed to race 7 (b) a decision cancelling or suspending a licence for an 8 animal, unless the cancellation or suspension relates 9 to-- 10 (i) a decision to take disciplinary action relating to the 11 licence of a licence holder; or 12 (ii) a decision to take an exclusion action, under the 13 control body's rules of racing, against a person; 14 (c) a decision about a protest or objection against placed 15 animals relating to an incident that happened during a 16 race or trial; 17 (d) a decision relating to a dispute between a racing 18 bookmaker licensed by a control body and a person who 19 placed a bet with the bookmaker for a race; 20 (e) a decision to stop, restart, rerun, postpone or abandon a 21 race. 22 `Division 2 Starting an appeal 23 `149T Who may appeal 24 `(1) An aggrieved person for an appellable decision may appeal to 25 the disciplinary board against the decision. 26 `(2) A person is an aggrieved person for an appellable decision 27 if-- 28 (a) for an appellable decision about the grant of a 29 licence--the person was the applicant for the licence; or 30 Page 78
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (b) otherwise--the person is a licence holder adversely 1 affected by an appellable decision. 2 `149U Aggrieved person must give notice of appeal 3 `(1) For an appeal under this part, an aggrieved person must give a 4 notice in the approved form (a notice of appeal) to-- 5 (a) the registrar, accompanied by the prescribed fee; and 6 (b) the control body whose appellable decision is being 7 appealed against. 8 `(2) The notice of appeal must be given to the registrar and the 9 control body-- 10 (a) within 5 business days after the aggrieved person is 11 notified of the appellable decision being appealed 12 against; or 13 (b) if the chairperson is satisfied the person has a reasonable 14 excuse for not giving the notice within the period 15 mentioned in paragraph (a)--within the longer period as 16 the chairperson allows. 17 `(3) The notice of appeal must state the grounds for the appeal. 18 `149V Acceptance, rejection or referral of appeal 19 `(1) If the aggrieved person gives the registrar a notice of appeal, 20 the registrar must give the chairperson a copy of the notice of 21 appeal. 22 `(2) After receiving a notice of appeal from the registrar, the 23 chairperson must-- 24 (a) accept the notice without imposing any conditions; or 25 (b) accept the notice on conditions; or 26 (c) reject the notice on a ground mentioned in subsection 27 (3); or 28 Page 79
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (d) refer the appeal for which the notice was given to the 1 tribunal if the chairperson believes it is in the public 2 interest to do so. 3 Note-- 4 For appeals that are referred to the tribunal, see chapter 5, part 1. 5 `(3) The chairperson may reject a notice of appeal on any of the 6 following grounds-- 7 (a) the notice was given by a person who is not authorised 8 to give it; 9 (b) the notice was given to the registrar of the disciplinary 10 board or the control body whose appellable decision is 11 being appealed against after the expiry of the period 12 mentioned in section 149U(2); 13 (c) the notice, or the giving of the notice, does not otherwise 14 comply with this Act. 15 `149W When accepted appeal starts 16 `(1) An appeal starts when the chairperson accepts a notice of 17 appeal, whether or not on conditions, under section 18 149V(2)(a) or (b). 19 `(2) An appeal started under subsection (1) is an accepted appeal. 20 `149X Who is a party to an accepted appeal 21 `A person is a party to an accepted appeal if the person is-- 22 (a) the aggrieved person for the appellable decision being 23 appealed against; or 24 (b) the relevant control body for the accepted appeal; or 25 (c) joined as a party to the appeal under section 149ZI. 26 `149Y Registrar must give notice to parties and others 27 `(1) The registrar must give notice of the time and place for the 28 hearing of an accepted appeal to-- 29 Page 80
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (a) the disciplinary board as constituted for the appeal (the 1 constituted board); and 2 (b) the parties to the appeal; and 3 (c) any other person the chairperson directs to be given 4 notice of the hearing. 5 `(2) For subsection (1), the registrar must give the notice-- 6 (a) for a person who is a party at the time the appeal is 7 started--as soon as is reasonably practicable after the 8 appeal is started; or 9 (b) for a person who becomes a party after the appeal has 10 started--as soon as is reasonably practicable after the 11 person becomes a party; or 12 Example-- 13 a person who, under section 149ZI, is joined as a party to the 14 appeal 15 (c) for any other person--as soon as is reasonably 16 practicable after the chairperson directs the person be 17 given notice. 18 `149Z Jurisdiction of constituted board 19 `(1) The constituted board for an accepted appeal has jurisdiction 20 to hear and decide the appeal. 21 `(2) The constituted board may do all things necessary or 22 convenient for exercising its jurisdiction. 23 `149ZA Constituted board to hear accepted appeal as soon 24 as practicable 25 `(1) The constituted board for an accepted appeal must begin the 26 hearing of the appeal as soon as practicable but no later than 27 28 days after the aggrieved person for the appeal gives the 28 registrar the notice of appeal. 29 Page 81
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `(2) However, the constituted board may, by order, extend the 1 period mentioned in subsection (1) if it considers the special 2 circumstances of the case require it to do so. 3 `149ZB Stay of control body decision 4 `(1) An aggrieved person for the accepted appeal may apply for a 5 stay of the appellable decision being appealed against. 6 `(2) The application must be in writing and made to the registrar. 7 `(3) The appeal chairperson may stay the appellable decision if, in 8 the chairperson's opinion, the stay is necessary to secure the 9 effectiveness of the appeal. 10 `(4) In deciding whether to stay the appellable decision, the 11 chairperson may consider submissions from the relevant 12 control body for the accepted appeal. 13 `(5) The stay-- 14 (a) may be given on the conditions the chairperson 15 considers appropriate; and 16 (b) operates for the period fixed by the chairperson; and 17 (c) may be revoked or amended by the chairperson. 18 `(6) The period of the stay must not extend past the time when the 19 appeal is decided. 20 `(7) If the stay is given on conditions, the stay is taken not to be in 21 force for any period during which a condition is not complied 22 with. 23 `149ZC Disclosure of conflict of interest of member 24 `(1) If a member of the constituted board for an accepted appeal 25 becomes aware the member has a conflict of interest about the 26 appeal, the member must disclose the nature of the conflicting 27 interest to-- 28 (a) if the member is the appeal chairperson--the parties to 29 the appeal; or 30 Page 82
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (b) otherwise--the appeal chairperson and the parties to the 1 appeal. 2 `(2) After making the disclosure, the member must not-- 3 (a) be present when the constituted board hears the 4 accepted appeal; or 5 (b) take part in a decision of the constituted board about the 6 appeal. 7 `(3) However, the member may be present and take part in a 8 decision if-- 9 (a) if the member is the appeal chairperson--the parties to 10 the appeal agree; or 11 (b) otherwise--the appeal chairperson agrees. 12 `(4) A reference in subsection (3) to a party is taken to be a 13 reference to a representative of the party if the party is 14 represented. 15 `(5) A member has a conflict of interest about the accepted appeal 16 if the member-- 17 (a) has an interest, financial or otherwise, that could conflict 18 with the proper performance of the member's functions 19 for the appeal; or 20 (b) owns a licensed animal that was involved in a race that 21 is the subject of the appeal; or 22 (c) is a relative of, or has a business relationship with, a 23 party to the appeal. 24 `(6) If the member is a public service officer, the member does not 25 have a conflict of interest about the accepted appeal merely 26 because of the appointment the officer holds in the public 27 service. 28 `149ZD Constitution of constituted board if member has 29 conflict of interest 30 `(1) This section applies if a member who has a conflict of interest 31 about the accepted appeal does not obtain the agreement 32 Page 83
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] under section 149ZC(3) to allow the member to be present at a 1 hearing of the accepted appeal and take part in decisions of 2 the constituted board for the appeal. 3 `(2) Subject to subsection (3), the remaining member or members 4 of the constituted board constitute the constituted board for 5 the hearing. 6 `(3) The remaining member or members must be or include-- 7 (a) 1 member who is a lawyer and has, in the chairperson's 8 opinion, a thorough knowledge of the relevant control 9 body's rules of racing for its code of racing; or 10 (b) both-- 11 (i) 1 member who is a lawyer; and 12 (ii) 1 member who has, in the chairperson's opinion, a 13 thorough knowledge of the relevant control body's 14 rules of racing for its code of racing. 15 `(4) If the remaining member or members are not or do not include 16 the member or members mentioned in subsection (3), the 17 chairperson must appoint a replacement member for the 18 appeal. 19 `(5) If there are 2 remaining members and the appeal chairperson 20 is not a remaining member, the chairperson must appoint a 21 replacement appeal chairperson for the appeal. 22 `Division 3 Appeal hearings 23 `149ZE Hearing procedures 24 `(1) Subject to this division, the procedure for the hearing of an 25 accepted appeal is at the discretion of the constituted board for 26 the appeal. 27 `(2) In hearing an accepted appeal, the constituted board-- 28 (a) must observe natural justice; and 29 (b) is not bound by the rules of evidence; and 30 Page 84
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (c) may inform itself in any way it considers appropriate; 1 and 2 (d) must act as quickly, and with as little formality and 3 technicality, as is consistent with a fair and proper 4 consideration of the issues; and 5 (e) may decide the procedures to be followed in the appeal, 6 including, for example, whether-- 7 (i) the appeal should be heard with other appeals; and 8 (ii) whether the parties should be heard together or 9 separately. 10 `(3) An appeal is by way of rehearing, unaffected by the appellable 11 decision being appealed against, on the material before the 12 relevant control body for the accepted appeal and any further 13 evidence allowed by the constituted board. 14 `149ZF Appeal to be heard in public unless constituted board 15 decides otherwise 16 `(1) The hearing of an accepted appeal must be held in public at 17 the time and place the constituted board for the appeal 18 decides. 19 `(2) However, the constituted board may direct that a hearing or a 20 part of a hearing be held in private if the constituted board 21 considers it necessary-- 22 (a) to avoid interfering with the proper administration of 23 justice; or 24 (b) to avoid the publication of confidential information or 25 information the publication of which would be contrary 26 to the public interest; or 27 (c) for another reason in the interests of justice. 28 `(3) The constituted board may make a direction under subsection 29 (2) on the application of a party to the appeal or on its own 30 initiative. 31 Page 85
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `(4) The constituted board may make directions about the persons 1 who may attend a hearing or a part of a hearing to be held in 2 private. 3 `(5) However, the constituted board must not make a direction that 4 prevents a party to an appeal from attending a hearing or a 5 part of a hearing, to be held in private, for that appeal. 6 `149ZG Hearing by remote conferencing or on the papers 7 `(1) The constituted board for an accepted appeal may, if 8 appropriate, hear all or part of the appeal-- 9 (a) by remote conferencing; or 10 (b) entirely on the basis of documents, without the parties, 11 their representatives or witnesses appearing at a hearing. 12 `(2) If the constituted board hears the accepted appeal under 13 subsection (1), the constituted board must ensure the public 14 has access to, or is precluded from access to, matters disclosed 15 in the appeal to the same extent as if the appeal had been 16 heard before the constituted board with the attendance in 17 person of all persons involved. 18 `(3) In this section-- 19 remote conferencing means-- 20 (a) teleconferencing; or 21 (b) videoconferencing; or 22 (c) another form of communication that allows persons 23 taking part in the appeal to hear and take part in 24 discussions as they happen. 25 `149ZH Directions 26 `(1) The constituted board for an accepted appeal may give a 27 direction at any time in the appeal and do whatever is 28 necessary for the speedy and fair conduct of the appeal. 29 Page 86
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `(2) The constituted board may hold a directions hearing for 1 giving the direction before any other hearing is held for the 2 accepted appeal. 3 `(3) Without limiting subsection (1), the constituted board may 4 give a direction requiring a party to the appeal to produce a 5 document or another thing, or provide information, to-- 6 (a) the constituted board; or 7 (b) another party to the appeal. 8 `(4) A party must, unless the party has a reasonable excuse, 9 comply with a direction given under this section within-- 10 (a) the period stated in the direction; or 11 (b) if the constituted board has extended the period within 12 which the direction must be complied with--the 13 extended period. 14 Maximum penalty--50 penalty units. 15 `(5) The constituted board may act under this section on the 16 application of a party to the accepted appeal or on the 17 constituted board's own initiative. 18 `149ZI Joining parties 19 `(1) The constituted board for an accepted appeal may make an 20 order joining a person as a party to the appeal if the 21 constituted board considers the person's interests may be 22 affected by the appeal. 23 `(2) The constituted board may make an order under subsection 24 (1) on the application of a person or on its own initiative. 25 `149ZJ Representation 26 `(1) The main purpose of this section is to have parties to an 27 accepted appeal represent themselves unless the interests of 28 justice require otherwise. 29 `(2) In an accepted appeal, the aggrieved person-- 30 Page 87
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (a) may appear without representation; and 1 (b) may be represented by someone else if the aggrieved 2 person elects to be represented; and 3 (c) must be represented by someone else if the aggrieved 4 person is unable, in the opinion of the constituted board 5 for the appeal, to represent himself, herself or itself 6 effectively. 7 `(3) The appeal chairperson of the constituted board may appoint a 8 person to represent an unrepresented party to the appeal. 9 `(4) The relevant control body for the accepted appeal can not be 10 represented by a lawyer unless-- 11 (a) the aggrieved person has elected to be represented by a 12 lawyer; or 13 (b) the appeal chairperson appoints a lawyer to represent the 14 aggrieved person. 15 `149ZK Withdrawal of appeal 16 `(1) If the chairperson of the disciplinary board gives leave, an 17 aggrieved person may withdraw an accepted appeal before the 18 appeal is heard and decided by the constituted board for the 19 appeal. 20 `(2) If an aggrieved person withdraws an accepted appeal under 21 subsection (1), the aggrieved person can not make a further 22 appeal relating to the same facts or circumstances without 23 leave of the chairperson of the disciplinary board. 24 `(3) If the chairperson of the disciplinary board gives leave for the 25 withdrawal of an accepted appeal, the chairperson may make 26 orders the chairperson considers appropriate. 27 `(4) An order under subsection (3) may be for the payment of 28 costs. 29 Page 88
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `Division 4 Witnesses 1 `149ZL Requiring witness to attend or produce document or 2 thing 3 `(1) The constituted board for an accepted appeal may, by written 4 notice, require a person to-- 5 (a) appear at a stated hearing of the appeal to give evidence; 6 or 7 (b) produce a stated document or other thing to the 8 constituted board. 9 `(2) A person must not, without a reasonable excuse, fail to 10 comply with a notice given under subsection (1). 11 Maximum penalty--100 penalty units. 12 `(3) The constituted board may give a notice under subsection (1) 13 on the application of a party to an accepted appeal or on its 14 own initiative. 15 `149ZM Swearing or affirming witnesses 16 `(1) A member of a constituted board for an accepted appeal may 17 require a witness appearing before the constituted board to 18 take an oath or make an affirmation. 19 `(2) A member of a constituted board for an accepted appeal who 20 is a lawyer may administer an oath or affirmation to a person 21 appearing as a witness. 22 `149ZN Witness fees and expenses 23 `(1) A person who has been given written notice to appear before 24 the constituted board for an accepted appeal as a witness is 25 entitled to-- 26 (a) the prescribed witness fees and expenses; or 27 Page 89
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (b) if no fees or expenses are prescribed--the reasonable 1 fees and expenses decided by the chairperson of the 2 disciplinary board. 3 `(2) Fees and allowances payable to a person under subsection (1) 4 must be paid by-- 5 (a) if the person was given the notice on the application of a 6 party to the appeal--the party; or 7 (b) otherwise--all of the parties in the proportions decided 8 by the constituted board. 9 `149ZO Offences by witnesses 10 `(1) A person given written notice to appear before the constituted 11 board for an accepted appeal as a witness at a hearing of the 12 appeal must not fail, without reasonable excuse-- 13 (a) to appear as required by the notice; or 14 (b) to continue to appear as required by the constituted 15 board until excused from further appearances. 16 Maximum penalty--100 penalty units. 17 `(2) A person appearing as a witness at a hearing of an accepted 18 appeal must not-- 19 (a) fail to take an oath or affirmation when required by a 20 member of the constituted board; or 21 (b) fail, without reasonable excuse, to answer a question the 22 person is asked by the constituted board; or 23 (c) fail, without reasonable excuse, to produce a document 24 or other thing the person is asked to produce by the 25 constituted board. 26 Maximum penalty--100 penalty units. 27 `(3) It is a reasonable excuse for a person to refuse to answer a 28 question or produce a document or other thing if the answer or 29 the production of the document or thing might tend to 30 incriminate the person. 31 Page 90
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `Division 5 Experts 1 `149ZP Appointment 2 `(1) The constituted board for an accepted appeal may appoint a 3 person with relevant knowledge, expertise and experience (an 4 expert) to help the constituted board in relation to the appeal. 5 `(2) The constituted board may appoint an expert on the 6 application of a party to the accepted appeal or on its own 7 initiative. 8 `(3) The appointment of an expert must be in writing. 9 `149ZQ Duty of expert 10 `(1) An expert giving evidence in a hearing of an accepted appeal 11 has a duty to assist the constituted board for the appeal. 12 `(2) The expert's duty under subsection (1) overrides any 13 obligation the expert may have to any party to the accepted 14 appeal. 15 `149ZR Remuneration and expenses 16 `An expert is entitled to the remuneration and expenses 17 decided by the constituted board for the accepted appeal and 18 stated in the expert's instrument of appointment. 19 Note-- 20 For when the constituted board may make an order relating to the costs 21 of obtaining an expert's help, see section 149ZT. 22 `149ZS Helping the constituted board 23 `(1) In an accepted appeal, the constituted board for the appeal 24 may-- 25 (a) ask an expert to give expert evidence, in person or by 26 written report; or 27 Page 91
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (b) refer a question of fact arising in an accepted appeal to 1 an expert for the expert to decide the question and give 2 the constituted board a written report stating the 3 decision and the reasons for it; or 4 (c) ask an expert to give advice to the constituted board. 5 `(2) In asking an expert to decide a question or give advice under 6 subsection (1)(b) or (c), the constituted board may ask the 7 expert to conduct an inquiry or investigation into a matter and 8 give a written report of the expert's findings in the inquiry or 9 investigation. 10 `(3) If an expert gives the constituted board a written report of the 11 expert's decision or advice under subsection (1)(b) or (c), or 12 the expert's findings in an inquiry or investigation under 13 subsection (2), the constituted board-- 14 (a) must give a copy of the report to each party to the 15 appeal; and 16 (b) must give each party to the appeal an opportunity to 17 make written submissions about the report; and 18 (c) after considering any submissions made under 19 paragraph (b), may either-- 20 (i) adopt the expert's decision or findings, in whole or 21 in part; or 22 (ii) reject the decision or findings. 23 `149ZT Costs of obtaining expert's help 24 `(1) In an accepted appeal, the constituted board for the appeal 25 may make an order requiring a party to the appeal to pay or 26 contribute to the constituted board's costs of obtaining an 27 expert's help. 28 `(2) However, subsection (1) applies in relation to a party only if-- 29 (a) before obtaining the help, the constituted board advised 30 the party of-- 31 Page 92
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (i) the constituted board's intention of obtaining the 1 help; and 2 (ii) the likely costs of obtaining the help; and 3 (iii) the likely amount of the party's payment or 4 contribution; and 5 (b) the constituted board gave the party an opportunity to be 6 heard on the matter of obtaining the help. 7 `(3) For subsection (1), the constituted board's costs of obtaining 8 an expert's help include remuneration and expenses for the 9 expert decided by the constituted board and stated in the 10 expert's instrument of appointment. 11 `149ZU Disclosure of interests 12 `(1) This section applies if an expert, appointed to help the 13 constituted board for an accepted appeal, has or acquires an 14 interest, financial or otherwise, that may conflict with the 15 proper performance of the expert's functions. 16 `(2) The expert must disclose the nature of the interest to-- 17 (a) the constituted board; and 18 (b) the parties to the appeal. 19 `(3) The constituted board may require the expert not to take part 20 in, or exercise powers for, the appeal. 21 `(4) In deciding whether to require the expert not to take part in, or 22 exercise powers for, the appeal, the constituted board must 23 consider submissions from the parties to the appeal. 24 `(5) The constituted board must allow the parties to the appeal a 25 reasonable time to lodge submissions with the constituted 26 board. 27 `(6) An expert does not have a conflict of interest merely 28 because-- 29 (a) of the expert's employment at an accredited facility or a 30 secondary facility for an accredited facility; or 31 (b) the expert is a member of the integrity board. 32 Page 93
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `Division 6 Decisions and powers of 1 constituted board 2 `149ZV How constituted board may act in hearing accepted 3 appeal 4 `In hearing an accepted appeal, the constituted board for the 5 appeal may-- 6 (a) act in the absence of a person who has been given 7 reasonable notice of the hearing; and 8 (b) receive evidence on oath, affirmation or by statutory 9 declaration; and 10 (c) adjourn the appeal; and 11 (d) permit a document to be amended; and 12 (e) disregard any defect, error, omission or insufficiency in 13 a document. 14 `149ZW Deciding questions in accepted appeal 15 `(1) This section applies if, on an accepted appeal, the constituted 16 board for the appeal wishes to decide a question. 17 `(2) If the constituted board is constituted by 2 or 3 members, the 18 question is to be decided by a majority of votes of the 19 members. 20 `(3) However, if the constituted board is constituted by 2 members 21 and the votes are equal, the member who is the appeal 22 chairperson also has a casting vote. 23 `149ZX Powers of constituted board on accepted appeal 24 `(1) On an accepted appeal, the constituted board for the appeal 25 may make any decision the relevant control body for the 26 appeal could have made-- 27 (a) under this Act; or 28 Page 94
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (b) under the control body's rules of racing for its code of 1 racing; or 2 (c) under a policy made by the control body for its code of 3 racing. 4 `(2) Without limiting subsection (1), the constituted board may-- 5 (a) confirm the appellable decision appealed against; or 6 (b) vary the appellable decision; or 7 (c) set aside the appellable decision and substitute its own 8 decision. 9 `149ZY Effect of decision 10 `A decision of the constituted board for an accepted appeal-- 11 (a) is taken to be the decision of the relevant control body 12 for the appeal; and 13 (b) is binding on the parties to the appeal; and 14 (c) takes effect-- 15 (i) when it is made; or 16 (ii) on the later day stated in the decision. 17 `149ZZ Notice of decision of constituted board 18 `(1) This section applies if the constituted board for an accepted 19 appeal makes a decision on the appeal. 20 `(2) The constituted board must give the parties to the appeal a 21 QCAT information notice about the decision. 22 `149ZZA Dismissing appeal if unjustified 23 `(1) This section applies if, on an accepted appeal, the constituted 24 board for the appeal considers the appeal or part of the appeal 25 is-- 26 (a) frivolous, vexatious or misconceived; or 27 Page 95
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] (b) lacking in substance. 1 `(2) The constituted board may dismiss all or part of the appeal. 2 `(3) The constituted board may act under subsection (2) on the 3 application of a party to the appeal or on the constituted 4 board's own initiative. 5 `149ZZB Party fails to attend 6 `(1) If a party to an accepted appeal does not attend a hearing for 7 the appeal-- 8 (a) the hearing may proceed in the party's absence; and 9 (b) if the constituted board for the appeal and all the parties 10 present agree, the constituted board may-- 11 (i) make a decision adverse to the absent party and 12 make any appropriate orders, including orders 13 about costs; or 14 (ii) order that the absent party be removed from the 15 appeal, and pay another party's costs reasonably 16 incurred by the other party as a result of the absent 17 party's involvement in the appeal. 18 `(2) Subsection (1) applies only if the constituted board is satisfied 19 the absent party has been given notice of the time and place 20 for the hearing of the appeal under section 149Y(2). 21 `Division 7 Costs and enforcement 22 `149ZZC Costs of appeal 23 `(1) Each party to an accepted appeal must bear the party's own 24 costs for the appeal. 25 `(2) However, the constituted board for the appeal may make an 26 order requiring a party to the appeal to pay all or a stated part 27 of the costs of another party to the appeal if the constituted 28 board considers the interests of justice require it to make the 29 order. 30 Page 96
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `(3) In deciding whether to award costs under subsection (2), the 1 constituted board may have regard to the following-- 2 (a) the relative strengths of the claims made by each of the 3 parties to the appeal; 4 (b) whether the aggrieved person was afforded natural 5 justice by the relevant control body for the appeal when 6 it made the appellable decision being appealed against; 7 (c) the financial circumstances of the parties to the appeal; 8 (d) anything else the constituted board considers relevant. 9 `149ZZD Enforcement of costs order 10 `(1) A person may enforce an order under section 149ZZC(2) by 11 filing in the registry of a court with jurisdiction for recovery of 12 the amount claimed-- 13 (a) a copy of the order of the constituted board that has been 14 certified to be a true copy by a member of the board who 15 is a lawyer; and 16 (b) the person's affidavit about the amount not paid under 17 the order. 18 `(2) No charge may be made for filing a copy of an order or an 19 affidavit under this section. 20 `(3) On filing a copy of the order and the affidavit in the registry of 21 the court, the order is taken to be an order of the court and 22 may be enforced accordingly. 23 `Division 8 Offences and contempt 24 `149ZZE Contravening decision 25 `A person must not, without reasonable excuse, contravene a 26 decision of a constituted board on an accepted appeal. 27 Page 97
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] Note-- 1 For the circumstances in which a person may be in contempt of a 2 constituted board at an appeal hearing, see section 149ZZH. 3 Maximum penalty--100 penalty units. 4 `149ZZF False or misleading information 5 `(1) A person must not state anything the person knows is false or 6 misleading in a material particular to-- 7 (a) the disciplinary board; or 8 (b) a constituted board; or 9 (c) a member of the disciplinary board or a constituted 10 board. 11 Maximum penalty--100 penalty units. 12 `(2) A person must not give a document containing information 13 the person knows is false or misleading in a material 14 particular to-- 15 (a) the disciplinary board; or 16 (b) a constituted board; or 17 (c) a member of the disciplinary board or a constituted 18 board. 19 Maximum penalty--100 penalty units. 20 `(3) Subsection (2) does not apply to a person if the person, when 21 giving the document-- 22 (a) tells the disciplinary board, a constituted board or 23 member, to the best of the person's ability, how it is false 24 or misleading; and 25 (b) if the person has, or can reasonably obtain, the correct 26 information--gives the correct information. 27 Page 98
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `149ZZG Influencing participants 1 `A person must not improperly influence, or attempt to 2 improperly influence, a person in relation to the person's 3 participation in an accepted appeal, whether as a member of 4 the constituted board for the appeal or a party, witness or 5 expert for the appeal, to act other than in the course of the 6 person's duty in relation to the appeal. 7 Maximum penalty--100 penalty units. 8 `149ZZH Contempt at hearing 9 `A person must not, at a hearing of an accepted appeal-- 10 (a) insult a member of the constituted board for the appeal; 11 or 12 (b) deliberately interrupt the hearing; or 13 (c) take part in a disturbance in or near a place where the 14 constituted board is conducting the hearing; or 15 (d) do anything that would be a contempt of court if the 16 constituted board were a court. 17 Maximum penalty--100 penalty units. 18 `149ZZI Constituted board may exclude disruptive person 19 from hearing 20 `(1) This section applies if, in the constituted board's opinion, a 21 person is disrupting a hearing of the accepted appeal. 22 `(2) The constituted board may direct the person to leave the 23 hearing. 24 `(3) The person must comply with the direction. 25 Maximum penalty for subsection (3)--100 penalty units. 26 Page 99
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 48] `Part 3 Miscellaneous 1 `149ZZJ Protections and immunities 2 `(1) A member of a constituted board has, in performing the 3 member's functions, the same protection and immunity as a 4 District Court judge has in the performance of the judge's 5 functions. 6 `(2) In an accepted appeal being heard by a constituted board-- 7 (a) a party to the appeal appearing before the constituted 8 board has the same protection and immunity as a party 9 in a proceeding in the District Court; and 10 (b) a person appearing before the constituted board as a 11 representative of a party to the appeal has the same 12 protection and immunity as a barrister appearing for a 13 party in a proceeding in the District Court; and 14 (c) a person appearing before the constituted board as a 15 witness has the same protection and immunity as a 16 witness in a proceeding in the District Court; and 17 (d) a person appearing before the constituted board as an 18 expert has the same protection and immunity as an 19 expert in a proceeding in the District Court. 20 `(3) A document produced at, or used for, a hearing before the 21 constituted board for an accepted appeal has the same 22 protection as a document produced at, or used for, a hearing 23 before the District Court. 24 `149ZZK Annual report 25 `(1) The chairperson of the disciplinary board must give the 26 Minister a written report for each financial year that contains 27 the following-- 28 (a) a review of the operation of the disciplinary board 29 during the financial year; 30 Page 100
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 49] (b) any proposals for improving the operation of, and 1 forecasts of the workload of, the disciplinary board in 2 the following financial year. 3 `(2) The report must be given by 31 August in the following 4 financial year.'. 5 Clause 49 Omission of ss 150-152 6 Sections 150 to 152-- 7 omit. 8 Clause 50 Insertion of new ch 5, pts 1 and 2, and pt 3, hdg 9 Chapter 5-- 10 insert-- 11 `Part 1 Referral by chairperson of 12 disciplinary board to tribunal 13 `150 How appeal is referred to tribunal 14 `(1) This section applies if the chairperson of the disciplinary 15 board refers an appeal (a referred appeal) to the tribunal 16 under section 149V(2)(d). 17 `(2) The chairperson must file a notice with the QCAT registrar. 18 `(3) The notice must state the following-- 19 (a) the name of each of the following-- 20 (i) the aggrieved person for the appellable decision 21 being appealed against; 22 (ii) the control body whose appellable decision is 23 being appealed against; 24 (b) an address for service of documents for each of the 25 following-- 26 (i) the aggrieved person; 27 Page 101
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 50] (ii) the control body; 1 (iii) the disciplinary board; 2 (c) the appellable decision; 3 (d) the facts and circumstances forming the basis for the 4 appellable decision; 5 (e) that the appeal is being referred to the tribunal by the 6 chairperson of the disciplinary board. 7 `151 Tribunal to exercise review jurisdiction 8 `For a referred appeal, the tribunal must exercise its review 9 jurisdiction under the QCAT Act. 10 `Part 2 Review of decisions by tribunal 11 other than by disciplinary 12 board referral 13 `152 Appeal to disciplinary board before review by tribunal 14 `Subject to section 149V(2)(d), every review of an appellable 15 decision of a control body must be, in the first instance, by 16 way of an appeal to the disciplinary board. 17 `152A Who may apply for review by the tribunal 18 `An aggrieved person who is given, or is entitled to be given, a 19 QCAT information notice for a decision of a constituted board 20 may apply, as provided under the QCAT Act, to the tribunal 21 for a review of the decision. 22 Page 102
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 51] `Part 3 General provisions about 1 reviews'. 2 Clause 51 Amendment of s 153 (Tribunal to hear review within 28 3 days) 4 Section 153(1), `within 28 days after the application for 5 review is made under section 150'-- 6 omit, insert-- 7 `, other than part 4, within 28 days after the application for 8 review is made under section 152A or 155'. 9 Clause 52 Amendment of s 154 (Constitution of tribunal) 10 Section 154(4), definition relevant person, paragraph (c)-- 11 omit, insert-- 12 `(c) a member of the disciplinary board; or'. 13 Clause 53 Insertion of new ch 5, pt 4 14 After section 154-- 15 insert-- 16 `Part 4 Appeal by control bodies of 17 decisions of constituted board 18 `155 Control body may appeal on question of law 19 `(1) A control body may appeal, as provided under the QCAT Act, 20 to the appeal tribunal under the QCAT Act against the 21 decision of a constituted board on an accepted appeal. 22 `(2) The appeal may only be on a question of law. 23 `(3) The notice of appeal must, unless the appeal tribunal orders 24 otherwise-- 25 Page 103
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 54] (a) be filed in the appeal tribunal's registry within 20 1 business days after the date of the decision being 2 appealed against; and 3 (b) be served on all parties to the accepted appeal. 4 `(4) The appeal tribunal-- 5 (a) has jurisdiction to hear and decide the appeal; and 6 (b) must be constituted by 1 judicial member. 7 `(5) The appeal may be only by way of rehearing.'. 8 Clause 54 Amendment of s 194 (Requirement to hold racing 9 bookmaker's licence) 10 (1) Section 194, heading, after `licence'-- 11 insert-- 12 `or approval'. 13 (2) Section 194-- 14 insert-- 15 `(1A) A person must not carry on bookmaking at a place unless-- 16 (a) the person is a racing bookmaker who holds an 17 offcourse approval for carrying on bookmaking at an 18 approved place; and 19 (b) the place is an approved place for the offcourse 20 approval. 21 Maximum penalty--600 penalty units.'. 22 (3) Section 194(2), `person's licence'-- 23 omit, insert-- 24 `individual's licence'. 25 (4) Section 194(2), `person'-- 26 omit, insert-- 27 `individual'. 28 Page 104
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 55] (5) Section 194-- 1 insert-- 2 `(2A) A racing bookmaker who is an individual and holds an 3 offcourse approval for carrying on bookmaking at an 4 approved place must have the individual's approval with the 5 individual at all times the individual is carrying on 6 bookmaking at the approved place, unless the individual has a 7 reasonable excuse. 8 Maximum penalty--40 penalty units.'. 9 (6) Section 194(3), `person'-- 10 omit, insert-- 11 `officer'. 12 (7) Section 194-- 13 insert-- 14 `(4) A licensed executive officer of a corporation that is a racing 15 bookmaker and holds an offcourse approval for carrying on 16 bookmaking at an approved place must have the corporation's 17 approval, or a certified copy of the corporation's approval, 18 with the officer at all times the officer is carrying on 19 bookmaking for the corporation at the approved place, unless 20 the officer has a reasonable excuse. 21 Maximum penalty--40 penalty units.'. 22 (8) Section 194(1A) to (4)-- 23 renumber as section 194(2) to (6). 24 Clause 55 Amendment of s 195 (Requirement for racing bookmaker 25 to hire licensed clerk) 26 (1) Section 195(2), `subsection (1)'-- 27 omit, insert-- 28 `subsection (1) or (2)'. 29 (2) Section 195(2)-- 30 Page 105
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 56] renumber as section 195(3). 1 (3) Section 195-- 2 insert-- 3 `(2) A racing bookmaker who holds an offcourse approval for 4 carrying on bookmaking at an approved place must not, at the 5 approved place, employ someone else in the conduct of the 6 racing bookmaker's business unless the other person is a 7 racing bookmaker's clerk whose licence was granted by the 8 control body that licensed the racing bookmaker. 9 Maximum penalty--200 penalty units.'. 10 Clause 56 Amendment of s 196 (Requirement to hold licence as a 11 racing bookmaker's clerk) 12 (1) Section 196(2)-- 13 renumber as section 196(3). 14 (2) Section 196-- 15 insert-- 16 `(2) A person must not be employed by a racing bookmaker who 17 holds an offcourse approval for carrying on bookmaking at an 18 approved place in the conduct of the racing bookmaker's 19 business unless the person is-- 20 (a) a racing bookmaker's clerk whose licence was granted 21 by the control body that licensed the racing bookmaker; 22 or 23 (b) if the racing bookmaker is a corporation--a licensed 24 executive officer of the corporation and the person is 25 carrying on bookmaking for the corporation. 26 Maximum penalty--200 penalty units. 27 `(4) Subsection (5) applies in relation to a racing bookmaker who 28 holds an offcourse approval for carrying on bookmaking at an 29 approved place. 30 `(5) A person who is a racing bookmaker's clerk at the approved 31 place must have the person's licence with the person at all 32 Page 106
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 57] times the person is employed by the racing bookmaker in the 1 conduct of the racing bookmaker's business at the approved 2 place, unless the person has a reasonable excuse. 3 Maximum penalty--40 penalty units.'. 4 Clause 57 Amendment of s 197 (Requirement to produce licence) 5 (1) Section 197, heading, after `licence'-- 6 insert-- 7 `or approval'. 8 (2) Section 197-- 9 insert-- 10 `(1A) Subsection (3) applies to a racing bookmaker who-- 11 (a) is an individual; and 12 (b) holds an offcourse approval for carrying on bookmaking 13 at an approved place; and 14 (c) is, or appears to be, carrying on bookmaking at the 15 approved place. 16 `(1B) The racing bookmaker must produce the person's offcourse 17 approval to an official of the control body that licensed the 18 racing bookmaker if asked to do so by the official, unless the 19 person has a reasonable excuse. 20 Maximum penalty--40 penalty units. 21 `(2A) Subsection (6) applies to a licensed executive officer of a 22 corporation that is a racing bookmaker and holds an offcourse 23 approval for carrying on bookmaking at an approved place 24 and who is, or appears to be, carrying on bookmaking for the 25 corporation at the approved place. 26 `(2B) The executive officer must produce the corporation's 27 approval, or a certified copy of the corporation's approval, to 28 an official of the control body that licensed the racing 29 bookmaker if asked to do so by the official, unless the officer 30 has a reasonable excuse. 31 Page 107
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 58] Maximum penalty--40 penalty units. 1 (3) Section 197(1A) to (3)-- 2 renumber as section 197(2) to (7). 3 (4) Section 197-- 4 insert-- 5 `(8) Subsection (9) applies in relation to a racing bookmaker who 6 holds an offcourse approval for carrying on bookmaking at an 7 approved place. 8 `(9) A racing bookmaker's clerk who is, or appears to be, 9 employed in the conduct of the racing bookmaker's business 10 at the approved place must produce the person's licence to an 11 official of the control body that licensed the racing bookmaker 12 if asked to do so by the official, unless the person has a 13 reasonable excuse. 14 Maximum penalty for subsection (9)--40 penalty units.'. 15 Clause 58 Amendment of s 199 (Unlawful bookmaking by racing 16 bookmaker) 17 Section 199-- 18 insert-- 19 `(2) However, a racing bookmaker does not commit an offence 20 against subsection (1) if-- 21 (a) the racing bookmaker holds an offcourse approval for 22 carrying on bookmaking at an approved place; and 23 (b) the place where the racing bookmaker carries on 24 bookmaking is an approved place for the offcourse 25 approval; and 26 (c) the bookmaking is carried on at the place at a time 27 permitted under the offcourse approval.'. 28 Clause 59 Insertion of new s 200A 29 Chapter 6, part 1-- 30 Page 108
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 60] insert-- 1 `200A Special requirements for betting by racing bookmaker 2 who holds offcourse approval 3 `A racing bookmaker who holds an offcourse approval must 4 not make a bet on a contest, contingency or event other than-- 5 (a) a race to be decided at a race meeting at a licensed venue 6 controlled by a control body; or 7 (b) a sporting contingency declared, under section 255, by 8 the control body that licensed the racing bookmaker as a 9 declared sporting contingency; or 10 (c) a contest, contingency or event at a meeting for the 11 racing of animals held outside Queensland that is under 12 the control of an entity with which the control body that 13 licensed the racing bookmaker has entered into an 14 arrangement as mentioned in section 34(2)(o). 15 Maximum penalty--400 penalty units.'. 16 Clause 60 Amendment of s 213 (Criminal history reports for 17 investigations) 18 (1) Section 213(1), `the commissioner of the police service'-- 19 omit, insert-- 20 `the police commissioner'. 21 (2) Section 213(2)-- 22 omit, insert-- 23 `(2) The report is to contain-- 24 (a) the person's criminal history; and 25 (b) a brief description of the circumstances of a conviction 26 mentioned in the person's criminal history. 27 `(3) However, the duty imposed on the commissioner applies only 28 to information in the commissioner's possession or to which 29 the commissioner has access.'. 30 Page 109
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 61] Clause 61 Amendment of s 227 (Criminal history report for 1 investigation) 2 (1) Section 227(1), `the commissioner of the police service'-- 3 omit, insert-- 4 `the police commissioner'. 5 (2) Section 227(2)-- 6 omit, insert-- 7 `(2) The report is to contain-- 8 (a) the person's criminal history; and 9 (b) a brief description of the circumstances of a conviction 10 mentioned in the person's criminal history. 11 `(3) However, the duty imposed on the commissioner applies only 12 to information in the commissioner's possession or to which 13 the commissioner has access.'. 14 Clause 62 Insertion of new ch 6, pt 3A 15 Chapter 6-- 16 insert-- 17 `Part 3A Offcourse approvals for racing 18 bookmakers 19 `Division 1 Applications for, and granting of, 20 offcourse approvals 21 `243 Application for offcourse approval 22 `(1) A racing bookmaker may apply to the Minister for an 23 approval (an offcourse approval) to carry on bookmaking at a 24 place, other than a licensed venue, using a 25 telecommunications system. 26 Page 110
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 62] `(2) The application must be in the approved form and 1 accompanied by each of the following-- 2 (a) details of the place or places (each an approved place), 3 other than a licensed venue, at which the racing 4 bookmaker will carry on bookmaking using a 5 telecommunications system; 6 Example of an approved place-- 7 the racing bookmaker's home or office 8 (b) details of the times during which the racing bookmaker 9 will carry on bookmaking at the place or each of the 10 places mentioned in paragraph (a); 11 (c) details of the number of race meetings, and the licensed 12 venues for the race meetings, at which the racing 13 bookmaker carried on bookmaking in person for the 12 14 months immediately before making the application; 15 (d) details of the number of race meetings, and the licensed 16 venues for the race meetings, at which the racing 17 bookmaker proposes to carry on bookmaking in person 18 for the 12 months immediately after the offcourse 19 approval is granted; 20 (e) if the details mentioned in paragraph (d) differ from 21 those mentioned in paragraph (c)--an explanation for 22 the difference; 23 (f) an undertaking as to the minimum number of race 24 meetings, and the licensed venues for the race meetings, 25 at which the racing bookmaker will carry on 26 bookmaking in person if the offcourse approval applied 27 for is granted; 28 (g) the prescribed fee. 29 `244 Further information or documents to support 30 application 31 `(1) The Minister may, by notice given to the applicant, require the 32 applicant to give the Minister, within the reasonable period of 33 at least 28 days stated in the notice, further information or a 34 Page 111
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 62] document the Minister reasonably requires to decide the 1 application. 2 `(2) The applicant is taken to have withdrawn the application if the 3 applicant does not comply with the notice. 4 `245 Requirement of control body to give information or 5 documents relating to application 6 `(1) The Minister may, by notice given to the control body that 7 licensed the racing bookmaker, require the control body to 8 give the Minister, within the reasonable period of at least 28 9 days stated in the notice, information or a document the 10 Minister reasonably considers is relevant to deciding the 11 application. 12 `(2) The control body must comply with the notice. 13 `246 Consideration of application 14 `(1) In considering the application, the Minister must have regard 15 to how often the applicant has undertaken to carry on 16 bookmaking in person at race meetings at licensed venues. 17 `(2) The Minister may, by notice to the applicant, ask the applicant 18 to review the undertaking that accompanied the application 19 and give the Minister, within the reasonable period of at least 20 28 days stated in the notice, a revised undertaking. 21 `(3) The applicant is taken to have withdrawn the application if the 22 applicant does not comply with the notice. 23 `247 Decision on application 24 `(1) The Minister must consider the application and decide to-- 25 (a) grant the offcourse approval; or 26 (b) refuse to grant the offcourse approval. 27 `(2) A grant of an offcourse approval is subject to the mandatory 28 conditions, and may be subject to other conditions imposed by 29 the Minister. 30 Page 112
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 62] `248 What are the conditions of an offcourse approval 1 `(1) The conditions of a racing bookmaker's offcourse approval 2 are-- 3 (a) for a racing bookmaker who is an individual--the racing 4 bookmaker must carry on bookmaking in person at a 5 licensed venue in accordance with the accepted 6 undertaking for the offcourse approval; and 7 (b) for a racing bookmaker who is a corporation--the 8 executive officers of the racing bookmaker must carry 9 on bookmaking in person at a licensed venue in 10 accordance with the accepted undertaking for the 11 offcourse approval; and 12 (c) an approved place for the offcourse approval must not 13 be open to, or available for use by, the public; and 14 (d) a condition imposed by the Minister on the offcourse 15 approval when granting the approval. 16 `(2) A condition mentioned in subsection (1)(a), (b) or (c) is a 17 mandatory condition of the offcourse approval. 18 `248A What is the accepted undertaking for an offcourse 19 approval 20 `(1) The accepted undertaking for an offcourse approval is-- 21 (a) the undertaking that accompanied the application; or 22 (b) if the Minister asked the applicant under section 246(2) 23 to review the undertaking--the revised undertaking. 24 `(2) However, if-- 25 (a) the offcourse approval is granted; and 26 (b) the racing bookmaker who holds the offcourse approval 27 applies to the Minister to vary the accepted undertaking 28 for the offcourse approval; and 29 (c) the Minister varies the accepted undertaking; 30 the undertaking as varied is the accepted undertaking for the 31 offcourse approval. 32 Page 113
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 62] `248B Notice of decision on application 1 `The Minister must, as soon as practicable after deciding the 2 application, give the applicant and the control body notice of 3 the decision. 4 `Division 2 Cancellation of offcourse approval 5 `248C Grounds for cancellation 6 `Each of the following is a ground for cancelling a racing 7 bookmaker's offcourse approval-- 8 (a) the racing bookmaker has contravened-- 9 (i) a condition of the offcourse approval; or 10 (ii) the accepted undertaking for the offcourse 11 approval; 12 (b) the offcourse approval was granted because of a 13 materially false or misleading representation or 14 declaration; 15 (c) the racing bookmaker has been convicted of an 16 indictable offence or an offence against this Act; 17 (d) the racing bookmaker is affected by bankruptcy action. 18 `248D Show cause notice 19 `(1) The Minister must give the racing bookmaker a notice under 20 this section (a show cause notice) if the Minister believes-- 21 (a) a ground exists to cancel the offcourse approval; and 22 (b) the act, omission or other thing forming the ground is of 23 a serious and fundamental nature; and 24 (c) the public interest may be affected by the act, omission 25 or other thing in an adverse and material way. 26 `(2) The show cause notice must state the following-- 27 (a) the Minister proposes to cancel the offcourse approval; 28 Page 114
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 62] (b) the grounds for the proposed cancellation; 1 (c) an outline of the facts and circumstances forming the 2 basis for the grounds; 3 (d) that the racing bookmaker may, within a stated period 4 (the show cause period), make written representations 5 to the Minister to show why the offcourse approval 6 should not be cancelled. 7 `(3) The show cause period must end at least 28 days after the 8 racing bookmaker is given the show cause notice. 9 `(4) The racing bookmaker may make written representations 10 about the show cause notice to the Minister in the show cause 11 period. 12 `248E Involvement of control bodies in show cause process 13 `(1) The Minister must immediately give a copy of the show cause 14 notice to each control body. 15 `(2) A control body may make written representations about the 16 show cause notice to the Minister in the show cause period. 17 `248F Consideration of representations 18 `The Minister must consider all representations (the accepted 19 representations) made in the show cause period by-- 20 (a) the racing bookmaker; or 21 (b) a control body. 22 `248G Ending show cause process without further action 23 `If, after considering the accepted representations for the show 24 cause notice, the Minister no longer believes a ground exists 25 to cancel the offcourse approval, the Minister must-- 26 (a) take no further action about the show cause notice; and 27 (b) give to the following a notice that no further action 28 about the show cause notice is to be taken-- 29 Page 115
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 62] (i) the racing bookmaker; 1 (ii) each control body. 2 `248H Cancellation 3 `(1) This section applies if, after considering the accepted 4 representations for the show cause notice, the Minister-- 5 (a) still believes-- 6 (i) a ground exists to cancel the offcourse approval; 7 and 8 (ii) the act, omission or other thing constituting the 9 ground is of a serious and fundamental nature; and 10 (iii) the public interest may be affected in an adverse 11 and material way; and 12 (b) believes cancellation of the offcourse approval is 13 warranted. 14 `(2) This section also applies if there are no accepted 15 representations for the show cause notice. 16 `(3) The Minister may cancel the offcourse approval. 17 `(4) The Minister must immediately give the racing bookmaker a 18 notice about the decision. 19 `(5) The notice must include-- 20 (a) a direction to the racing bookmaker to return the 21 offcourse approval to the Minister within 14 days after 22 the cancellation; and 23 (b) a warning to the racing bookmaker that it is an offence 24 to fail to comply with the direction unless the racing 25 bookmaker has a reasonable excuse. 26 `248I Return of cancelled offcourse approval 27 `(1) A person must comply with a direction to the person under 28 section 248H(5)(a) unless the person has a reasonable excuse. 29 Page 116
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 62] Maximum penalty--40 penalty units. 1 `(2) If the person is unable to comply with subsection (1) because 2 the person's offcourse approval has been lost or destroyed, the 3 person must, within 14 days after the cancellation, give the 4 Minister a statutory declaration stating details of the loss or 5 destruction. 6 Maximum penalty--40 penalty units. 7 `(3) A person does not commit an offence against subsection (1) if 8 the person is not given a warning that it is an offence to fail to 9 comply with the direction unless the person has a reasonable 10 excuse. 11 `248J Automatic cancellation or suspension of offcourse 12 approval 13 `(1) Subsection (2) applies if-- 14 (a) a person's eligibility certificate or racing bookmaker's 15 licence is cancelled; and 16 (b) the person is the holder of an offcourse approval. 17 `(2) On the cancellation of the eligibility certificate or licence, the 18 offcourse approval is cancelled. 19 `(3) Subsection (4) applies if-- 20 (a) a person's eligibility certificate or racing bookmaker's 21 licence is suspended; and 22 (b) the person is the holder of an offcourse approval. 23 `(4) On the suspension of the eligibility certificate or licence, the 24 offcourse approval is suspended. 25 `248K Censuring racing bookmaker 26 `(1) This section applies if the Minister believes-- 27 (a) a ground exists to cancel the offcourse approval; but 28 (b) the giving of a show cause notice is not warranted. 29 Page 117
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 62] `(2) The Minister may censure the racing bookmaker for a matter 1 relating to the ground for cancellation. 2 `(3) The censure may be effected only by the Minister giving the 3 racing bookmaker an information notice about the decision to 4 censure the racing bookmaker. 5 `248L Notice to control bodies of decisions 6 `(1) This section applies if the Minister decides to-- 7 (a) cancel an offcourse approval under section 248H; or 8 (b) censure the racing bookmaker under section 248K. 9 `(2) The Minister must give each control body notice of the 10 decision. 11 `Division 3 Immediate suspension of offcourse 12 approval 13 `248M Immediate suspension of offcourse approval 14 `(1) The Minister may suspend immediately an offcourse approval 15 of a racing bookmaker if the Minister believes-- 16 (a) a ground exists to cancel the offcourse approval; and 17 (b) the circumstances are so extraordinary that it is 18 imperative to suspend the offcourse approval 19 immediately to ensure the public interest in a code of 20 racing is not adversely affected. 21 `(2) The suspension-- 22 (a) can be effected only by the Minister giving the racing 23 bookmaker an information notice about the decision to 24 suspend the offcourse approval, together with a show 25 cause notice; and 26 (b) operates immediately the information notice is given to 27 the racing bookmaker; and 28 Page 118
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 63] (c) continues to operate until the show cause notice is 1 finally dealt with.'. 2 Clause 63 Amendment of s 249 (When a racing bookmaker may 3 make a bet with a person who is not present at a licensed 4 venue) 5 (1) Section 249(1)(a), `system for bookmaking by telephone'-- 6 omit, insert-- 7 `telecommunications system for bookmaking'. 8 (2) Section 249(2)-- 9 omit, insert-- 10 `(2) A control body may approve a telecommunications system for 11 bookmaking if-- 12 (a) the control body has the system assessed by an entity 13 that is independent of the control body and approved by 14 the Minister; and 15 (b) the entity assessing the system gives the control body a 16 report stating that the system is of a standard that will 17 ensure the integrity of bets made and protect the money 18 and privacy of persons placing bets. 19 `(3) The Minister may give a control body a written direction, if 20 the Minister is satisfied it is in the best interests of the 21 Queensland racing industry to give the direction-- 22 (a) to have a telecommunications system approved by the 23 control body independently audited; and 24 (b) to give the Minister the results of the audit. 25 `(4) The control body must comply with a direction given under 26 subsection (3).'. 27 Clause 64 Amendment of s 254 (Payment and settlement of bets) 28 (1) Section 254(1), `This section'-- 29 omit, insert-- 30 Page 119
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 65] `Subsection (2)'. 1 (2) Section 254(3)-- 2 renumber as section 254(5). 3 (3) Section 254-- 4 insert-- 5 `(3) Subsection (4) applies to the payment and settlement of a bet 6 that was lawfully made by and with a racing bookmaker who 7 holds an offcourse approval if a telecommunications system 8 was used to make the bet. 9 `(4) The offcourse approval may state a place for the payment and 10 settlement of the bet.'. 11 Clause 65 Amendment of s 255 (Bookmaking on certain declared 12 sporting contingencies) 13 (1) Section 255(1), from `for which'-- 14 omit, insert-- 15 `for which-- 16 (a) racing bookmakers licensed by the control body may 17 carry on bookmaking at a licensed venue, at a time when 18 a race meeting is being held at the venue under the 19 control of the control body; and 20 (b) racing bookmakers licensed by the control body who 21 hold an offcourse approval may carry on bookmaking at 22 an approved place for the offcourse approval and at the 23 times approved by the Minister.'. 24 (2) Section 255(4)(b)-- 25 omit, insert-- 26 `(b) either-- 27 (i) the bookmaking is carried on-- 28 (A) at a licensed venue licensed by that control 29 body; and 30 Page 120
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 66] (B) at a time when a race meeting is being held 1 at the venue, under the control of the control 2 body; or 3 (ii) if the racing bookmaker holds an offcourse 4 approval, the bookmaking is carried on at an 5 approved place for the offcourse approval and at 6 the times approved by the Minister.'. 7 Clause 66 Amendment of s 256 (Racing bookmaker's agent during 8 certain periods) 9 Section 256-- 10 insert-- 11 `(7) Subsection (8) applies if-- 12 (a) the racing bookmaker holds an offcourse approval; and 13 (b) the control body authorises a person to act as the racing 14 bookmaker's agent under this section. 15 `(8) Despite subsection (5), the person authorised as the racing 16 bookmaker's agent may carry on bookmaking as the racing 17 bookmaker at-- 18 (a) an approved place for the offcourse approval; or 19 (b) another place approved by the Minister.'. 20 Clause 67 Amendment of s 270 (Power of entry) 21 Section 270(3), definition place of business, paragraph (b), 22 `licence;'-- 23 omit, insert-- 24 `licence, including a place that is an approved place for an 25 offcourse approval held by a racing bookmaker;'. 26 Clause 68 Amendment of s 310 (Definitions for div 1) 27 (1) Section 310, definition background document, paragraph (c), 28 `chief executive, gaming executive or a control body'-- 29 Page 121
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 69] omit, insert-- 1 `gaming executive'. 2 (2) Section 310, definition background document, paragraph 3 (d)-- 4 renumber as paragraph (e). 5 (3) Section 310, definition background document-- 6 insert-- 7 `(d) a document-- 8 (i) given by a person for consideration for 9 appointment as an executive officer of the all-codes 10 board or a member of a control board; and 11 (ii) relating to the person's business reputation, 12 character, criminal history, current financial 13 position or financial background; or'. 14 Clause 69 Replacement of s 311 (Protection for persons about 15 whom confidential information or background 16 documents obtained) 17 Section 311-- 18 omit, insert-- 19 `311 Offence to disclose confidential information or copy 20 background document 21 `(1) This section applies to a person who-- 22 (a) is or has been engaged in the administration of this Act; 23 or 24 (b) has obtained access to confidential information or a 25 background document about someone else, whether 26 directly or indirectly, from a person mentioned in 27 paragraph (a). 28 `(2) The person must not, without reasonable excuse-- 29 (a) disclose confidential information to anyone else; or 30 Page 122
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 70] (b) copy a background document about someone else 1 acquired by the person; or 2 (c) give access to a background document about someone 3 else. 4 Maximum penalty--100 penalty units. 5 `(3) It is a reasonable excuse if-- 6 (a) the person has the written consent of the person to 7 whom the information or background document relates 8 or someone else authorised by the person; or 9 (b) the disclosure is authorised under this Act or another 10 Act; or 11 (c) the disclosure is in compliance with lawful process 12 requiring production of documents or giving evidence 13 before a court; or 14 (d) the disclosure was of a statistical nature that could not 15 reasonably be expected to result in the identification of 16 the person to whom the information relates.'. 17 Clause 70 Amendment of s 351 (Matters must be considered 18 appropriate on grounds that are reasonable in the 19 circumstances) 20 Section 351(1)(c)-- 21 omit, insert-- 22 `(c) the disciplinary board; 23 (d) a constituted board; 24 (e) the tribunal; 25 (f) the appeal tribunal.'. 26 Clause 71 Amendment of s 352A (Integrity of analysis of thing) 27 Section 352A(1)(b) to (d)-- 28 omit, insert-- 29 Page 123
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 72] `(b) a decision of a constituted board on an accepted appeal 1 against an appellable decision of a control body for 2 which the control body relied on a relevant certificate 3 about the results of the analysis of a thing; 4 (c) a decision of the tribunal on an appeal against a decision 5 of a constituted board mentioned in paragraph (b); 6 (d) a decision of the tribunal on an appeal against a decision 7 of a control body for which the control body relied on a 8 relevant certificate about the results of the analysis of a 9 thing.'. 10 Clause 72 Amendment of s 355 (Regulation-making power) 11 Section 355(2)(d), `129 and 207'-- 12 omit, insert-- 13 `129, 149U(1)(a), 149ZN, 207 and 243(2)(g)'. 14 Clause 73 Insertion of new ch 10, pt 7 15 Chapter 10-- 16 insert-- 17 `Part 7 Transitional provisions for 18 Racing and Other Legislation 19 Amendment Act 2012 20 `Division 1 Preliminary 21 `445 Definitions for pt 7 22 `In this part-- 23 amending Act means the Racing and Other Legislation 24 Amendment Act 2012. 25 commencement means the commencement of the provision in 26 which the term is used. 27 Page 124
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 73] control body means a control body under the unamended Act. 1 former, in relation to a provision, means as in force 2 immediately before the repeal or amendment of the provision 3 by the amending Act. 4 former control body means Racing Queensland Limited ACN 5 142 786 874. 6 unamended Act means this Act as in force before the 7 commencement. 8 `Division 2 Provisions relating to former control 9 body 10 `446 Cancellation of approval held by former control body 11 `The approval held by the former control body is cancelled at 12 midnight on the day before the commencement. 13 `447 Assets and liabilities etc. 14 `(1) On the commencement-- 15 (a) anything that was an asset or liability of the former 16 control body immediately before the commencement 17 becomes an asset or liability of the all-codes board; and 18 (b) an agreement or arrangement in force immediately 19 before the commencement between the former control 20 body and another entity is taken to be an agreement or 21 arrangement between the all-codes board and the other 22 entity; and 23 (c) any property that was, immediately before the 24 commencement, held by the former control body on 25 trust or subject to conditions continues to be held by the 26 all-codes board on the same trust or subject to the same 27 conditions. 28 `(2) The registrar of titles or other person responsible for keeping a 29 register for dealings in property must, if asked by the all-codes 30 Page 125
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 73] board, record the vesting of property under this section in the 1 all-codes board. 2 `448 Displacement provision for Corporations legislation 3 `Section 447 is declared to be a Corporations legislation 4 displacement provision for the Corporations Act, section 5G. 5 `449 Employees of former control bodies 6 `(1) This section applies to a person who, immediately before the 7 commencement, was an employee of the former control body. 8 `(2) On the commencement-- 9 (a) the person becomes an employee of the all-codes board 10 on the same terms and conditions of employment as 11 applied to the person immediately before the 12 commencement; and 13 (b) the person remains entitled to all rights of employment 14 existing or accruing immediately before the 15 commencement, including recognition of the person's 16 length of service with the former control body and 17 outstanding leave entitlements accrued up to the 18 commencement. 19 `450 Continuity of employment 20 `(1) This section applies to the transfer of an employee of the 21 former control body to the all-codes board under section 449. 22 `(2) The transfer does not-- 23 (a) interrupt continuity of service, except that the employee 24 is not entitled to claim the benefit of a right or 25 entitlement more than once for the same period of 26 service; or 27 (b) constitute a termination of employment by the former 28 control body or a retrenchment or redundancy; or 29 Page 126
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 73] (c) entitle the employee to a payment or other benefit 1 because he or she is no longer employed by the former 2 control body; or 3 (d) require the former control body to make any payment 4 for the employee's accrued rights to recreation, sick, 5 long service or other leave irrespective of any 6 arrangement between the former control body and the 7 employee. 8 `(3) The transfer has effect despite any other law, contract or other 9 instrument. 10 `451 Proceedings 11 `(1) A proceeding that could have been started by or against the 12 former control body before the commencement may be started 13 by or against the all-codes board. 14 `(2) From the commencement, an existing proceeding may be 15 continued and finished by or against the all-codes board. 16 `(3) In this section-- 17 existing proceeding means a proceeding that-- 18 (a) was taken by or against one of the following before the 19 commencement-- 20 (i) the former control body; 21 (ii) a person who was a member of the former control 22 body, in the person's capacity as a member; and 23 (b) has not been finished before the commencement. 24 `452 Things done by former control body 25 `(1) Anything done by the former control body under this Act-- 26 (a) continues to have effect; and 27 (b) on the commencement, is taken to have been done by 28 the all-codes board. 29 `(2) Without limiting subsection (1)-- 30 Page 127
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 73] (a) a policy of the former control body in effect 1 immediately before the commencement continues as if 2 it were a policy of the all-codes board; and 3 (b) rules of racing made by the former control body and in 4 force immediately before the commencement continue 5 as if they were rules of racing made by the all-codes 6 board; and 7 (c) a licence issued or taken to be issued by the former 8 control body before the commencement and in force 9 immediately before the commencement continues as if 10 it had been issued by the all-codes board; and 11 (d) a racing calendar prepared by the former control body 12 for a period ending after the commencement continues 13 as if it had been prepared by the all-codes board. 14 `453 Rights and obligations of former control body under 15 this Act 16 `Without limiting any other provision in this part, a right or 17 obligation of the former control body under this Act 18 immediately before the commencement becomes a right or 19 obligation of the all-codes board. 20 `454 Application of audit regime to all-codes board 21 `From the commencement, a program approved by the 22 Minister under section 46(3) for 2012 applies to the all-codes 23 board to the extent it is stated to apply to a former control 24 body. 25 `455 Net UNiTAB product fee paid before commencement 26 `(1) This section applies to an amount of the former control body's 27 net UNiTAB product fee paid, before the commencement, by 28 the former control body under former section 60B, in the year 29 in which the commencement falls. 30 Page 128
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 73] `(2) On the commencement, the amount is taken to have been paid 1 by the all-codes board under section 9AG. 2 `456 Appeals 3 `(1) Subsection (2) applies to an appeal committee established by 4 the former control body and in existence immediately before 5 the commencement. 6 `(2) From the commencement, the appeal committee-- 7 (a) continues in existence only for the purpose of dealing 8 with an appeal under consideration immediately before 9 the commencement; and 10 (b) must deal with the appeal under the former control 11 body's rules of racing in existence before the 12 commencement. 13 `(3) Subsection (4) applies to an appeal started after the 14 commencement against a reviewable decision, within the 15 meaning of former section 95, made before the 16 commencement. 17 `(4) The appeal may be dealt with by the disciplinary board. 18 `(5) For subsection (4), the steward's decision appealed against is 19 taken to be a decision made by the steward for the all-codes 20 board. 21 `(6) This section does not limit section 452(1). 22 `457 Continuation of action started against licensed club 23 under ch 3, pt 4 24 `(1) This section applies if, before the commencement, the former 25 control body-- 26 (a) gave a licensed club a show cause notice under chapter 27 3, part 4; and 28 (b) had not decided whether to take action under the part in 29 relation to the club. 30 `(2) Chapter 3, part 4 continues to apply from the commencement 31 Page 129
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 73] in relation to the show cause notice as if the notice had been 1 given by the all-codes board. 2 `(3) This section does not limit section 452(1). 3 `458 Existing legal relationships not affected 4 `Nothing done under this part in relation to the former control 5 body-- 6 (a) places the all-codes board in breach of a contract, trust 7 or confidence or otherwise makes the all-codes board 8 guilty of a civil wrong; or 9 (b) makes the all-codes board in breach of any instrument, 10 including an instrument prohibiting, restricting or 11 regulating the assignment, transfer or assumption of a 12 right or liability; or 13 (c) is taken to fulfil a condition or otherwise constitute an 14 event-- 15 (i) allowing a person to terminate an instrument or be 16 released, wholly or partly, from an obligation or 17 modify the operation or effect of an instrument or 18 obligation; or 19 (ii) requiring money to be paid, or anything else to be 20 done, before its stated maturity; or 21 (d) releases a surety or other obligee, wholly or partly, from 22 an obligation. 23 `459 No compensation payable 24 `No compensation is payable to any person, including the 25 former control body, or a member or director of the former 26 control body, for-- 27 (a) the cancellation of an approval or the vesting or 28 divesting of assets or liabilities or rights or obligations 29 under this part; or 30 (b) anything else done under this part. 31 Page 130
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 73] `460 References to control body or former control body 1 `In an Act or document, a reference to a control body or the 2 former control body may, if the context permits, be taken as a 3 reference to the all-codes board. 4 `Division 3 Other provisions 5 `461 Destruction of fingerprints 6 `(1) Subsection (2) applies if-- 7 (a) before the commencement, the chief executive obtained 8 the fingerprints of any individual who is an approval 9 applicant's business associate or executive associate; 10 and 11 (b) after the commencement, the Minister-- 12 (i) refuses to grant the approval application; or 13 (ii) grants the approval but the approval is later 14 cancelled. 15 `(2) The chief executive must destroy the fingerprints. 16 `(3) Former section 32(2) continues to apply from the 17 commencement to the chief executive in relation to an 18 individual who was a business associate or executive associate 19 of a control body as if former section 32 had not been repealed 20 by the amending Act. 21 `462 Continued protection for persons about whom 22 background documents obtained 23 `Section 311 applies from the commencement as if section 24 310, definition background document included a reference to 25 the fingerprints of a person obtained by the chief executive or 26 a control body.'. 27 Page 131
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 74] Clause 74 Amendment of sch 3 (Dictionary) 1 (1) Schedule 3, definitions accepted representations, appeal 2 committee, appropriately qualified, board chairperson, 3 commencement, control body, control body associate, 4 electoral commissioner, eligible individual, executive officer, 5 former control body, Ministerial direction, show cause notice, 6 show cause period and thoroughbred control body-- 7 omit. 8 (2) Schedule 3-- 9 insert-- 10 `accepted appeal see section 149W. 11 accepted representations-- 12 (a) for chapter 2, see section 32H(2); or 13 (b) for chapter 3, see section 103(2); or 14 (c) for chapter 4, part 3, see section 137(2); or 15 (d) for chapter 6, part 3, see section 233; or 16 (e) for chapter 6, part 3A, see section 248F. 17 accepted undertaking, for an offcourse approval, see section 18 248A. 19 aggrieved person, for an appellable decision, see section 20 149T. 21 all-codes board means the Queensland All Codes Racing 22 Industry Board established under section 9AA. 23 appeal chairperson, of the constituted board, see section 24 149O(4)(b). 25 appellable decision, of a control body, see section 149S. 26 appropriately qualified, to perform a function or exercise a 27 power, includes having the qualifications, experience or 28 standing appropriate to perform the function or exercise the 29 power. 30 Page 132
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 74] Example of standing-- 1 the level at which a person is employed by an entity 2 approved control body means a corporation given a Minister's 3 approval. 4 approved place, for an offcourse approval, see section 5 243(2)(a). 6 board chairperson means the chairperson of the integrity 7 board. 8 board code of racing see section 9AB. 9 candidate-- 10 (a) for chapter 2, part 1A, division 6, see section 9BG; or 11 (b) for chapter 2, part 1B, division 4, see section 9CI. 12 chairperson, of the disciplinary board, means the chairperson 13 appointed under section 149D. 14 commissioner means the Racing Integrity Commissioner. 15 condition, of an offcourse approval, see section 248. 16 constituted board, for an accepted appeal, see section 149R. 17 control board see section 9BO. 18 control body means-- 19 (a) the all-codes board; or 20 (b) an approved control body. 21 control body associate means-- 22 (a) for an approved control body--a business associate or 23 executive associate of the control body; or 24 (b) for the all-codes board-- 25 (i) a person who the chief executive reasonably 26 believes is associated with the operations of the 27 all-codes board; or 28 Page 133
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 74] (ii) a person who the chief executive reasonably 1 believes is associated with the operations of a 2 control board. 3 deal with, for chapter 3, part 5, division 4, see section 111. 4 decision, of a control body, includes a decision of a steward 5 for the control body. 6 deputy chairperson, of the disciplinary board, means the 7 deputy chairperson appointed under section 149D. 8 disciplinary board means the Racing Disciplinary Board 9 established under section 149A. 10 executive officer means-- 11 (a) of a corporation--a person who is concerned with, or 12 takes part in, the corporation's management, whether or 13 not the person is a director of the corporation or the 14 person's position is given the name of executive officer; 15 or 16 Note-- 17 This definition also applies to references to an executive officer 18 of a particular corporation, including, for example, an approved 19 control body. 20 (b) of the all-codes board--a person who is concerned with, 21 or takes part in, the all-codes board's management, 22 whether or not the person is a member of the all-codes 23 board. 24 Example-- 25 The all-codes board's chief executive officer is an executive 26 officer for the body. 27 expert, for chapter 4A, part 2, see section 149ZP(1). 28 mandatory condition, of an offcourse approval, see section 29 248(2). 30 member, of the disciplinary board, see section 149C. 31 Ministerial direction means a direction given by the Minister 32 to-- 33 Page 134
Racing and Other Legislation Amendment Bill 2012 Part 3 Amendment of Racing Act 2002 [s 74] (a) the all-codes board under section 9BM; or 1 (b) to a control board under section 9CO; or 2 (c) to an approved control body under section 32C. 3 notice of appeal, for chapter 4A, part 2, see section 149U(1). 4 offcourse approval see section 243. 5 party, to an accepted appeal, see section 149X. 6 police commissioner means commissioner of the police 7 service. 8 QCAT information notice means a notice complying with the 9 QCAT Act, section 157(2) for the decision. 10 Racing Integrity Commissioner means the person who, under 11 section 113AL, holds office as the Racing Integrity 12 Commissioner. 13 referred appeal see section 150(1). 14 registrar, of the disciplinary board, means the registrar 15 appointed by the chief executive under section 149P. 16 relevant control body, for an accepted appeal, see section 17 149O(3). 18 show cause notice-- 19 (a) for chapter 2, see section 32G(1); or 20 (b) for chapter 3, see section 102(1); or 21 (c) for chapter 4, part 3, see section 136(1); or 22 (d) for chapter 6, part 3, see section 231(2); or 23 (e) for chapter 6, part 3A, see section 248D(1). 24 show cause period-- 25 (a) for chapter 2, see section 32G(2)(g); or 26 (b) for chapter 3, see section 102(2)(e); or 27 (c) for chapter 4, part 3, see section 136(2)(f); or 28 (d) for chapter 6, part 3, see section 231(2)(d); or 29 Page 135
Racing and Other Legislation Amendment Bill 2012 Part 4 Amendment of Wagering Act 1998 [s 75] (e) for chapter 6, part 3A, see section 248D(2)(d). 1 telecommunications system means a system or network 2 consisting of an electronic device or other equipment for 3 communicating at a distance, including, for example, a 4 telephone system and a system that allows communication 5 electronically by means of the internet, a cable television 6 network or another on-line communications system.'. 7 (3) Schedule 3, definition information notice, `of the Minister, 8 chief executive, gaming executive, a control body, an appeal 9 committee or the tribunal'-- 10 omit. 11 (4) Schedule 3, definition national police certificate, `the 12 commissioner of the police service'-- 13 omit, insert-- 14 `the police commissioner'. 15 (5) Schedule 3, definition proposed action, paragraph (a), `section 16 53(2)(a)'-- 17 omit, insert-- 18 `section 32G(2)(a)'. 19 Clause 75 Other amendments 20 The schedule amends the sections it mentions. 21 Part 4 Amendment of Wagering Act 22 1998 23 Clause 76 Act amended 24 This part amends the Wagering Act 1998. 25 Page 136
Racing and Other Legislation Amendment Bill 2012 Part 4 Amendment of Wagering Act 1998 [s 77] Clause 77 Amendment of s 169 (Application of wagering tax) 1 Section 169(1)(b), `2014'-- 2 omit, insert-- 3 `2015'. 4 Page 137
Racing and Other Legislation Amendment Bill 2012 Schedule Schedule Minor amendments of Racing 1 Act 2002 2 section 75 3 1 Section 29(3)(b), `section 52(1)(d)'-- 4 omit, insert-- 5 `section 32F(1)(d)'. 6 2 Section 32G(1), as renumbered, `section 56(1)(a)'-- 7 omit, insert-- 8 `section 32J(1)(a)'. 9 3 Section 32L(1), as renumbered, `section 57(6)'-- 10 omit, insert-- 11 `section 32K(6)'. 12 4 Section 101(1)(b), editor's note-- 13 omit, insert-- 14 `Note-- 15 See section 108.'. 16 5 Section 113AB, as renumbered, definition betting 17 exchange, `section 113B'-- 18 omit, insert-- 19 `section 113AC'. 20 Page 138
Racing and Other Legislation Amendment Bill 2012 Schedule 6 Section 113AB, as renumbered, definition document or 1 information request, `section 113EA'-- 2 omit, insert-- 3 `section 113AG'. 4 7 Section 113AB, as renumbered, definition race 5 information authority, `section 113E(1)'-- 6 omit, insert-- 7 `section 113AF(1)'. 8 8 Section 135(1)(a), editor's note-- 9 omit, insert-- 10 `Note-- 11 See section 132(3) for persons who must be named in an accreditation 12 certificate.'. 13 9 Section 149(2)(c), `Drugs'-- 14 omit, insert-- 15 `Medicines'. 16 10 Section 200(2)(d), `section 34(1)(h)'-- 17 omit, insert-- 18 `section 34(2)(o)'. 19 11 Section 219(b), second mention-- 20 renumber as section 219(c). 21 12 Section 285(3)(c), editor's note-- 22 omit, insert-- 23 Page 139
Racing and Other Legislation Amendment Bill 2012 Schedule `Note-- 1 See division 5 for what happens if the sample or thing can not be 2 returned to its owner.'. 3 13 Section 334(2), `section 113C'-- 4 omit, insert-- 5 `section 113AD'. 6 14 Section 352(1)(b), editor's note-- 7 omit, insert-- 8 `Note-- 9 See the Health (Drugs and Poisons) Regulation 1996, sections 111(1) 10 and 285(1) about records to be kept for controlled drugs and poisons 11 respectively.'. 12 15 Schedule 3, definition drug, paragraph (a), `Drugs'-- 13 omit, insert-- 14 `Medicines'. 15 16 Schedule 3, definition staff, `a person'-- 16 omit, insert-- 17 `persons'. 18 © State of Queensland 2012 Page 140
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