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Queensland
Racing Integrity Bill 2015
Queensland
Racing Integrity Bill 2015
Contents
Page
Chapter 1 Preliminary
1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
3 Main purposes of Act and their achievement . . . . . . . . . . . . . . . . 22
4 Extraterritorial application of Act. . . . . . . . . . . . . . . . . . . . . . . . . . 23
5 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
6 Act binds State, Commonwealth and other States . . . . . . . . . . . . 23
Chapter 2 Queensland Racing Integrity Commission
Part 1 Establishment
7 Establishment and status . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
8 Commission represents the State . . . . . . . . . . . . . . . . . . . . . . . . 24
9 Application of other Acts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
Part 2 Functions and powers
10 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
11 General restriction on functions . . . . . . . . . . . . . . . . . . . . . . . . . . 26
12 Powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
13 Ministerial directions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
14 Directions to licensed clubs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
15 Commission direction prevails over control body direction. . . . . . 28
Part 3 Racing Integrity Commissioner and Deputy Racing Integrity
Commissioners
16 Racing Integrity Commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . 29
17 Deputy Racing Integrity Commissioners . . . . . . . . . . . . . . . . . . . 29
18 Persons eligible to be commissioner or deputy commissioner . . . 30
19 Functions of commissioner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
20 Functions of deputy commissioner. . . . . . . . . . . . . . . . . . . . . . . . 31
21 Powers of commissioner and deputy commissioners. . . . . . . . . . 31
Racing Integrity Bill 2015
Contents
22 Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
23 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
24 Removal or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32
25 Acting commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
26 Acting deputy commissioner . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33
27 Preservation of rights of commissioner and deputy commissioners 34
28 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Part 4 Commission's role in assessing approval applications
29 Assessment of approval applications . . . . . . . . . . . . . . . . . . . . . . 35
30 Assessment if 2 or more approval applications . . . . . . . . . . . . . . 36
31 Assessing applicants for approval applications . . . . . . . . . . . . . . 37
32 Commission may require further information or documents. . . . . 37
Part 5 Audits and investigations
Division 1 Commission's powers for investigations
33 Investigations into suitability of a control body . . . . . . . . . . . . . . . 38
34 Investigation into suitability of associate of control body . . . . . . . 39
35 Requirement to give information or document for investigation . . 39
36 Failure to give information or document for investigation . . . . . . . 39
37 Criminal history report for investigation . . . . . . . . . . . . . . . . . . . . 40
Division 2 Commissioner's powers for audits and investigations
38 Powers for audits and investigations . . . . . . . . . . . . . . . . . . . . . . 40
39 Power to require attendance and giving of evidence . . . . . . . . . . 41
40 Power to require information, document or thing . . . . . . . . . . . . . 41
41 Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
42 Power to refuse to investigate complaint . . . . . . . . . . . . . . . . . . . 43
Part 6 Reporting and accountability
Division 1 Reporting generally
43 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
44 Commission to keep Minister informed . . . . . . . . . . . . . . . . . . . . 44
45 Reporting to department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
46 Other reporting requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 2 Annual reports
47 Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45
Division 3 Strategic and operational plans
48 Interaction with the Financial Accountability Act 2009 . . . . . . . . . 46
49 Draft strategic and operational plans . . . . . . . . . . . . . . . . . . . . . . 46
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50 Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46
51 Strategic or operational plan pending agreement. . . . . . . . . . . . . 47
52 Strategic or operational plan on agreement . . . . . . . . . . . . . . . . . 47
53 Compliance with strategic and operational plans . . . . . . . . . . . . . 48
54 Modifications of strategic or operational plan . . . . . . . . . . . . . . . . 48
55 Content of strategic and operational plans . . . . . . . . . . . . . . . . . . 48
Part 7 Administration
56 Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
57 Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Chapter 3 Commission's functions in relation to codes of racing and
licensed clubs
Part 1 Preliminary
58 Purposes of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49
Part 2 Standards
Division 1 General provisions about standards
59 Standards for codes of racing. . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
60 Form of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50
61 Availability of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
62 Application of standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
63 Standards are statutory instruments . . . . . . . . . . . . . . . . . . . . . . 51
Division 2 Standards about licensing schemes
64 Purposes of licensing schemes . . . . . . . . . . . . . . . . . . . . . . . . . . 52
65 Developing standards for a licensing scheme . . . . . . . . . . . . . . . 52
66 Standards for a licensing scheme--mandatory matters. . . . . . . . 52
67 Standards for a licensing scheme--discretionary matters . . . . . . 54
68 Application for licence. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55
69 Licences may not be transferred . . . . . . . . . . . . . . . . . . . . . . . . . 56
Division 3 Other matters about policies
70 Same animal, participant or venue may be licensed for multiple codes of
racing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57
Part 3 Disciplinary action taken against licensed clubs
71 Grounds for cancellation or suspension . . . . . . . . . . . . . . . . . . . . 57
72 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 58
73 Submissions about show cause notice . . . . . . . . . . . . . . . . . . . . 58
74 Immediate suspension of licensed club's licence . . . . . . . . . . . . . 59
75 Censuring licensed club . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
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76 Direction to licensed club to rectify matter . . . . . . . . . . . . . . . . . . 60
77 Cancellation or suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60
Part 4 Other provisions applying to licensed clubs
78 Contravention by licensed club constitutes a ground for disciplinary
action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62
79 Licensed club to hold race and betting meeting at licensed venue 62
Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for
related matters
80 Requirement to hold racing bookmaker's licence or approval . . . 63
81 Requirement for racing bookmaker to hire licensed clerk . . . . . . 65
82 Requirement to hold licence as racing bookmaker's clerk . . . . . . 66
83 Requirement to produce licence or approval . . . . . . . . . . . . . . . . 67
84 Requirement for commission to ensure particular persons have current
licences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68
85 Unlawful bookmaking by racing bookmaker . . . . . . . . . . . . . . . . . 69
86 Requirements for betting by racing bookmakers . . . . . . . . . . . . . 69
87 Special requirements for betting by racing bookmaker who holds
offcourse approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 70
Part 2 Licensing of persons as racing bookmakers
88 Applicant for racing bookmaker's licence to hold eligibility certificate 71
89 What corporate licence must include . . . . . . . . . . . . . . . . . . . . . . 71
Part 3 Eligibility certificates
Division 1 Suitability of applicants and business and executive
associates
90 Suitability of applicants for eligibility certificate. . . . . . . . . . . . . . . 72
91 Suitability of associates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
92 Other matters about suitability . . . . . . . . . . . . . . . . . . . . . . . . . . . 73
Division 2 Applications for, and issue of, eligibility certificates
93 Application for eligibility certificate . . . . . . . . . . . . . . . . . . . . . . . . 73
94 Requirements about applications . . . . . . . . . . . . . . . . . . . . . . . . . 74
95 Further information or documents to support application. . . . . . . 75
96 Taking fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
97 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 75
98 Conditions for granting application . . . . . . . . . . . . . . . . . . . . . . . . 76
99 Investigation of suitability of persons . . . . . . . . . . . . . . . . . . . . . . 77
100 Information about whether persons are identified participants in criminal
organisations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 77
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101 Criminal history reports for investigations . . . . . . . . . . . . . . . . . . 78
102 Requirement of associate to give information or document for
investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
103 Requirement of commission to give information or document for
investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 78
104 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
105 Form of eligibility certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79
106 Period for which eligibility certificate has effect . . . . . . . . . . . . . . 79
107 Day by which certificate holder must apply for racing bookmaker's
licence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
108 Corporate certificate holder must advise gaming executive of change in
executive officers or persons with substantial holdings . . . . . . . . 80
109 Gaming executive may amend eligibility certificate to show change in
executive officers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80
Division 3 Investigations of certificate holders and their business and
executive associates
110 Audit program . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 81
111 Investigations into suitability of certificate holder . . . . . . . . . . . . . 81
112 Investigation into suitability of associate of certificate holder . . . . 82
113 Criminal history report for investigation . . . . . . . . . . . . . . . . . . . . 83
114 Requirement to give information or document for investigation . . 84
115 Failure to give information or document for investigation . . . . . . . 84
116 Gaming executive may require commission to give information or
document for investigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
Division 4 Cancellation of eligibility certificates
117 Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85
118 Immediate cancellation of eligibility certificate . . . . . . . . . . . . . . . 86
119 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 87
120 Involvement of commission in show cause process . . . . . . . . . . . 88
121 Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 88
122 Ending show cause process without further action . . . . . . . . . . . 88
123 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 89
124 Return of cancelled eligibility certificate . . . . . . . . . . . . . . . . . . . . 90
125 Automatic cancellation of all licences granted to racing bookmakers 90
126 Censuring certificate holder . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
127 Notice of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 91
Division 5 Other matters relating to eligibility certificates
128 Surrender of eligibility certificate . . . . . . . . . . . . . . . . . . . . . . . . . 92
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129 Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 92
Division 6 Review of decisions relating to eligibility certificates
130 Review by QCAT of decisions relating to eligibility certificates . . 93
131 Confidentiality of criminal intelligence in proceedings . . . . . . . . . 93
132 Application of Judicial Review Act 1991 . . . . . . . . . . . . . . . . . . . 95
Part 4 Offcourse approvals for racing bookmakers
Division 1 Applications for, and granting of, offcourse approvals
133 Application for offcourse approval . . . . . . . . . . . . . . . . . . . . . . . . 96
134 Further information or documents to support application . . . . . . 97
135 Requirement of commission to give information or documents relating to
application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
136 Consideration of application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 97
137 Decision on application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 98
138 What are the conditions of an offcourse approval . . . . . . . . . . . . 98
139 What is the accepted undertaking for an offcourse approval . . . 99
140 Notice of decision on application . . . . . . . . . . . . . . . . . . . . . . . . . 99
Division 2 Cancellation of offcourse approval
141 Grounds for cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99
142 Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100
143 Involvement of commission in show cause process . . . . . . . . . . 101
144 Consideration of submissions . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
145 Ending show cause process without further action . . . . . . . . . . . 101
146 Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101
147 Return of cancelled offcourse approval . . . . . . . . . . . . . . . . . . . . 102
148 Automatic cancellation or suspension of offcourse approval . . . . 103
149 Censuring racing bookmaker . . . . . . . . . . . . . . . . . . . . . . . . . . . 103
150 Notice to commission of decisions . . . . . . . . . . . . . . . . . . . . . . . 103
Division 3 Immediate suspension of offcourse approval
151 Immediate suspension of offcourse approval . . . . . . . . . . . . . . . 104
Part 5 Other provisions about racing bookmakers
152 When a racing bookmaker may make a bet with a person who is not
present at a licensed venue . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
153 Racing bookmakers to maintain insurance policy or bond to indemnify
bettors against default . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
154 Commission to ensure racing bookmaker has accepted insurance policy
or bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106
155 Prohibition of betting by racing bookmaker with minor . . . . . . . . 107
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156 Lawful bet by racing bookmaker is taken to be a valid contract . 107
157 Payment and settlement of bets . . . . . . . . . . . . . . . . . . . . . . . . . 107
Part 6 Miscellaneous
158 Bookmaking on particular declared sporting contingencies . . . . 108
159 Racing bookmaker's agent during particular periods . . . . . . . . . 110
160 Commission to give notice of particular actions about racing
bookmakers to gaming executive . . . . . . . . . . . . . . . . . . . . . . . . 111
161 Gaming executive may give information to commission about racing
bookmaker or applicant for eligibility certificate . . . . . . . . . . . . . . 112
162 Delegation by gaming executive . . . . . . . . . . . . . . . . . . . . . . . . . 112
163 Approval of forms for this chapter. . . . . . . . . . . . . . . . . . . . . . . . . 112
Chapter 5 Investigation and enforcement
Part 1 General provisions about authorised officers
Division 1 Appointment
164 Authorised officers under this chapter . . . . . . . . . . . . . . . . . . . . . 113
165 Functions of authorised officers . . . . . . . . . . . . . . . . . . . . . . . . . 113
166 Appointment and qualifications . . . . . . . . . . . . . . . . . . . . . . . . . . 113
167 Appointment conditions and limit on powers . . . . . . . . . . . . . . . . 114
168 When office ends . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 114
169 Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
Division 2 Identity cards
170 Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 115
171 Production or display of identity card . . . . . . . . . . . . . . . . . . . . . . 115
172 Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Division 3 Miscellaneous provisions
173 Reference to exercise of powers . . . . . . . . . . . . . . . . . . . . . . . . . 116
174 Reference to document includes reference to reproductions from
electronic document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116
Part 2 Entry of places by authorised officers
Division 1 Power to enter
175 General power to enter places . . . . . . . . . . . . . . . . . . . . . . . . . . . 117
176 Power to enter place to check action required under animal welfare
direction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 118
177 Power to enter place to ascertain if animal severely injured. . . . . 119
178 Power to enter place in relation to animal welfare offence . . . . . . 119
179 Limited entry power to provide relief to animal . . . . . . . . . . . . . . . 120
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Division 2 Entry by consent
180 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121
181 Incidental entry to ask for access . . . . . . . . . . . . . . . . . . . . . . . . . 121
182 Matters authorised officer must tell occupier . . . . . . . . . . . . . . . . 121
183 Consent acknowledgement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 122
Division 3 Entry for particular purposes
184 Entry of place under ss 176, 177 and 178 . . . . . . . . . . . . . . . . . . 123
Division 4 Entry under warrant
Subdivision 1 Obtaining warrant
185 Application for warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
186 Issue of warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124
187 Electronic application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 125
188 Additional procedure if electronic application . . . . . . . . . . . . . . . . 126
189 Defect in relation to a warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . 127
Subdivision 2 Entry procedure
190 Entry procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128
Part 3 Other authorised officers' powers and related matters
Division 1 Stopping or moving vehicles
191 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
192 Power to stop or move . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129
193 Identification requirements if vehicle moving . . . . . . . . . . . . . . . . 130
194 Failure to comply with direction . . . . . . . . . . . . . . . . . . . . . . . . . . 130
Division 2 General powers of authorised officers after entering places
195 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
196 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 131
197 Power to require reasonable help . . . . . . . . . . . . . . . . . . . . . . . . 134
198 Offence to contravene help requirement . . . . . . . . . . . . . . . . . . . 134
Division 3 Seizure by authorised officers and forfeiture
Subdivision 1 Power to seize
199 Seizing evidence at a place that may be entered without consent or
warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
200 Seizing evidence at a place that may be entered only with consent or
warrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 135
201 Seizure of property subject to security . . . . . . . . . . . . . . . . . . . . 136
Subdivision 2 Powers to support seizure
202 Power to secure seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137
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203 Offence to contravene seizure requirement . . . . . . . . . . . . . . . . . 137
204 Offence to interfere . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138
Subdivision 3 Safeguards for seized things
205 Receipt and information notice for seized thing . . . . . . . . . . . . . . 138
206 Access to seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
207 Return of seized thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 139
Subdivision 4 Forfeiture
208 Forfeiture by commissioner decision . . . . . . . . . . . . . . . . . . . . . . 141
209 Information notice about forfeiture decision . . . . . . . . . . . . . . . . . 142
Subdivision 5 Dealing with property forfeited or transferred to the State
210 When thing becomes property of the State . . . . . . . . . . . . . . . . . 142
211 How property may be dealt with . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 4 Disposal orders
212 Disposal order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 143
Division 5 Animal welfare directions
213 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144
214 Power to give animal welfare direction . . . . . . . . . . . . . . . . . . . . . 145
215 Requirements for giving animal welfare direction . . . . . . . . . . . . . 146
216 Failure to comply with animal welfare direction . . . . . . . . . . . . . . 147
Division 6 Authorised officer's power to destroy animals
217 Power of destruction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 148
Division 7 Other information-obtaining powers of authorised officers
218 Power to require name and address . . . . . . . . . . . . . . . . . . . . . . 148
219 Offence to contravene personal details requirement . . . . . . . . . . 149
220 Power to require production of document . . . . . . . . . . . . . . . . . . 150
221 Offence to contravene document production requirement . . . . . . 151
222 Offence to contravene document certification requirement . . . . . 151
223 Power to require information . . . . . . . . . . . . . . . . . . . . . . . . . . . . 152
224 Offence to contravene information requirement . . . . . . . . . . . . . 153
Part 4 Miscellaneous provisions relating to authorised officers
Division 1 Damage
225 Duty to avoid inconvenience and minimise damage . . . . . . . . . . 153
226 Notice of damage . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 154
Division 2 Compensation
227 Compensation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
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Division 3 Other offences relating to authorised officers
228 Giving authorised officer false or misleading information . . . . . . . 155
229 Obstructing authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . . . 156
230 Impersonating authorised officer . . . . . . . . . . . . . . . . . . . . . . . . . 156
Division 4 Other provisions
231 Evidential immunity for individuals complying with particular
requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
Chapter 6 General
Part 1 Offences
Division 1 Offences relating to administration of Act
232 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157
233 Offence to disclose confidential information or copy background
document . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 158
234 Forgery and uttering Act documents . . . . . . . . . . . . . . . . . . . . . . 160
235 Making a false statement in application or other document . . . . 160
Division 2 Offences relating to racing contingencies
236 Person must not conduct a racing contingency . . . . . . . . . . . . . . 161
Division 3 Offences relating to prohibited things or interfering with
licensed animals, persons or things
237 Definitions for division . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 162
238 Person must not possess prohibited thing at particular places . . 163
239 Person must not use prohibited thing on, or interfere with, a licensed
animal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 163
240 Person must not interfere with licence holder or official of the
commission or of a control body . . . . . . . . . . . . . . . . . . . . . . . . . 164
Division 4 Unlawful bookmaking, places where betting done
unlawfully and other provisions
241 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 164
242 Unlawful bookmaking other than by racing bookmakers etc. . . . 165
243 Illegal betting place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 165
244 Prohibition on opening, keeping, using or promoting an illegal betting
place . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 166
245 Contravention of s 242 or 244 . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
246 Using an illegal betting place . . . . . . . . . . . . . . . . . . . . . . . . . . . . 168
247 Prohibition of betting at public place . . . . . . . . . . . . . . . . . . . . . . 169
Division 5 Other offences
248 Interfering with particular things at licensed venue or places for holding
trials . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 169
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249 Attempt to commit offence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
Part 2 Evidentiary and legal proceedings
Division 1 Evidence
250 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
251 Appointments and authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 170
252 Evidentiary aids . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 171
253 Other evidentiary provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . 172
Division 2 Offence proceedings
254 Types of offences . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 173
255 Proceedings for indictable offences . . . . . . . . . . . . . . . . . . . . . . . 173
256 Limitation on who may summarily hear indictable offence . . . . . 174
257 Proceedings for simple offences . . . . . . . . . . . . . . . . . . . . . . . . . 174
258 When convictions for offences not receivable in evidence . . . . . 174
Division 3 Remedies
259 Recovery of seizure, compliance or destruction costs . . . . . . . . . 175
260 Compensation because of animal welfare offence . . . . . . . . . . . . 176
261 General provisions for orders about compensation or costs . . . . 176
Division 4 Reviews and appeals for original decisions
Subdivision 1 Preliminary
262 What is an original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 177
263 Who is an interested person for an original decision . . . . . . . . . . 178
Subdivision 2 Internal reviews
264 Review starts with internal review . . . . . . . . . . . . . . . . . . . . . . . . 179
265 Applying for internal review of original decision . . . . . . . . . . . . . . 179
266 Staying operation of original decision on internal review . . . . . . . 180
267 Reviewing original decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 181
Subdivision 3 External review
268 Applying for external review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182
Subdivision 4 Appeals
269 Appealing internal review decision . . . . . . . . . . . . . . . . . . . . . . . . 183
270 Staying operation of internal review decision . . . . . . . . . . . . . . . . 183
271 Powers of court on appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184
272 Effect of court's decision on appeal . . . . . . . . . . . . . . . . . . . . . . . 184
273 Particular powers about seizure or forfeiture . . . . . . . . . . . . . . . . 185
274 Appeal to District Court . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 185
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Chapter 7 Miscellaneous provisions
Part 1 Miscellaneous provisions relating to racing and betting
275 Betting under this Act is lawful . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
276 Time race meeting taken to commence . . . . . . . . . . . . . . . . . . . 186
277 Void betting contracts etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 186
278 Betting and other activities to which s 277 does not apply. . . . . . 187
Part 2 Other miscellaneous provisions
279 Approved forms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187
280 Delegations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
281 Protection from civil liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188
282 Protection from liability for giving information . . . . . . . . . . . . . . . . 189
283 Sharing of information by authorised officer . . . . . . . . . . . . . . . . 190
284 Interaction with other laws . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191
285 Executive officer may be taken to have committed offence . . . . . 191
286 Records about drugs and veterinary surgeons . . . . . . . . . . . . . . 192
287 Fees etc. owing to the State are debts . . . . . . . . . . . . . . . . . . . . 192
288 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
Chapter 8 Transitional provisions
Part 1 Purposes and definitions
289 Main purposes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193
290 Definitions for chapter. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194
Part 2 General approach for existing matters under previous
provisions
291 Document, action, obligation, right or protection under previous
provision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196
292 Terminology in things mentioned in s 291 . . . . . . . . . . . . . . . . . . 197
293 Period stated in previous provision. . . . . . . . . . . . . . . . . . . . . . . . 198
294 Period or day stated in document given under previous provision 198
295 Action happening before commencement may be relevant to
proceeding for particular acts or omissions . . . . . . . . . . . . . . . . . 199
Part 3 Examples of continuing matters for previous provisions
296 Examples for previous ss 47-51 . . . . . . . . . . . . . . . . . . . . . . . . . 199
297 Examples for previous ch 3, pt 2, divs 2 and 3, pt 4 and pt 5, div 2 200
298 Examples for previous ch 3A, pt 3 . . . . . . . . . . . . . . . . . . . . . . . . 201
299 Examples for previous ch 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201
300 Examples for previous ch 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 205
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Part 4 Other matters
301 Licences and other documents under policies . . . . . . . . . . . . . . . 206
302 Offences before commencement . . . . . . . . . . . . . . . . . . . . . . . . . 207
303 Acts Interpretation Act 1954, s 20 not limited. . . . . . . . . . . . . . . . 207
Part 5 Regulation-making power for transitional purposes
304 Transitional regulation-making power . . . . . . . . . . . . . . . . . . . . . . 207
Chapter 9 Amendment of Acts
Part 1 Amendment of this Act
305 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
306 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 208
Part 2 Amendment of Animal Care and Protection Act 2001
307 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
308 Amendment of s 7 (Relationship with certain other Acts). . . . . . . 209
309 Replacement of s 115 (Functions) . . . . . . . . . . . . . . . . . . . . . . . . 209
115 Functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
310 Insertion of new s 215A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 209
215A Protection from liability for giving information . . . . . . . 210
215B Sharing of information by authorised officer or inspector 211
215C Interaction with other laws . . . . . . . . . . . . . . . . . . . . . 211
311 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 212
Part 3 Amendment of Racing Act 2002
312 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
313 Amendment of long title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
314 Replacement of s 4 (Main purposes of Act and how they generally are
achieved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 212
4 Main purpose of Act . . . . . . . . . . . . . . . . . . . . . . . . . . 213
315 Omission of s 6 (Betting under this Act is lawful) . . . . . . . . . . . . . 213
316 Omission of ch 2, pt 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213
317 Replacement of ch 2, pt 1A, hdg, div 1, hdg and s 9AA. . . . . . . . 213
Part 1A Racing Queensland Board
Division 1 Establishment of board and its status
9AA Racing Queensland Board . . . . . . . . . . . . . . . . . . . . . 214
318 Replacement of ch 2, pt 1A, div 2, hdg and ss 9AD-9AG . . . . . . 214
9ACA Nature of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
Division 2 Board's functions and powers
9AD Functions of board . . . . . . . . . . . . . . . . . . . . . . . . . . . 214
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9AE Powers of board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 215
9AG Board to pay amount of net UBET product fee as prize
money each year or otherwise use amount . . . . . . . . 216
319 Replacement of ss 9AI and 9AJ . . . . . . . . . . . . . . . . . . . . . . . . . 218
9AI Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 219
9AJ Appointment to board . . . . . . . . . . . . . . . . . . . . . . . . 219
320 Amendment of s 9AK (Vacancy in member's office) . . . . . . . . . . 220
321 Amendment of s 9AL (Chairperson and deputy chairperson of all-codes
board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 221
322 Amendment of s 9AS (Quorum) . . . . . . . . . . . . . . . . . . . . . . . . . . 221
323 Amendment of s 9AT (Presiding at meetings) . . . . . . . . . . . . . . . 222
324 Amendment of s 9AU (Conduct of meetings) . . . . . . . . . . . . . . . . 222
325 Amendment of s 9AZ (Chief executive officer of all-codes board) 222
326 Amendment of s 9BC (Remuneration and conditions of appointment)
223
327 Amendment of s 9BH (Obtaining criminal history of candidate). . 224
328 Amendment of s 9BI (Duty to act honestly and exercise care and
diligence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 224
329 Amendment of s 9BJ (Member must disclose interest) . . . . . . . . 224
330 Amendment of s 9BK (Conflicts of interest) . . . . . . . . . . . . . . . . . 225
331 Amendment of s 9BM (Ministerial direction to all-codes board about its
functions or powers) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
332 Omission of ch 2, pt 1A, div 10 and pt 1B . . . . . . . . . . . . . . . . . . 226
333 Amendment of s 10 (An eligible corporation may apply for approval as a
control body). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 226
334 Amendment of s 11 (Approval application to be accompanied by specific
matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 227
335 Amendment of s 12 (Evidence of matters to be included in an approval
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 228
336 Amendment of s 13 (Minister to refer an approval application to the chief
executive for assessment and other action) . . . . . . . . . . . . . . . . . 228
337 Amendment of s 14 (Advertising notice about an approval application)
229
338 Amendment of s 15 (Objection to approval application). . . . . . . . 229
339 Amendment of s 17 (Chief executive must call meeting of all approval
applicants) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 229
340 Amendment of s 24 (Minister to consider and decide approval
application) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
341 Amendment of s 26 (When Minister must give an approval to approval
applicant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 230
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342 Amendment of s 32B (Notice of event resulting in a control body not
being an eligible corporation) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
343 Amendment of s 32C (Ministerial direction to approved control body
about its policies or rules). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 231
344 Amendment of s 32F (Grounds for disciplinary action relating to the
approval of a control body for its code of racing) . . . . . . . . . . . . . 231
345 Amendment of s 32I (Immediate suspension of an approval) . . . 231
346 Amendment of s 34 (Powers of control body for its code of racing) 232
347 Amendment of s 35 (Control body may charge fees for its services) 234
348 Omission of s 37 (Obligation to have internal controls) . . . . . . . . 234
349 Amendment of s 38 (Obligation to have racing calendar for code of
racing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
350 Omission of ss 39 and 40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 235
351 Replacement of ch 2, pt 3, div 3, hdg (Reporting to chief executive) 235
352 Omission of s 41 (Plan for managing code of racing). . . . . . . . . . 235
353 Amendment of s 44 (Notice of event resulting in executive officer no
longer being an eligible individual) . . . . . . . . . . . . . . . . . . . . . . . . 235
354 Insertion of new ch 2, pt 3, divs 4 and 5 and div 6, hdg . . . . . . . . 236
Division 4 Reporting generally to Minister
45 Quarterly reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . 236
45A Control body to keep Minister informed . . . . . . . . . . . 237
45B Reporting to department . . . . . . . . . . . . . . . . . . . . . . 237
45C Other reporting requirements . . . . . . . . . . . . . . . . . . . 237
Division 5 Strategic and operational plans
45D Interaction of division with Financial Accountability Act 2009
238
45E Control body to prepare draft strategic and operational plans
238
45F Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 239
45G Strategic or operational plan pending agreement. . . . 239
45H Strategic or operational plan on agreement . . . . . . . 240
45I Compliance with strategic and operational plans . . . . 240
45J Modifications of strategic or operational plan . . . . . . . 240
45K Content of operational plan and strategic plan . . . . . . 240
Division 6 Executive officers of control body to disclose
interest in licensed animals
355 Omission of ch 2, pt 4, hdg, div 1 and div 2, hdg . . . . . . . . . . . . . 241
356 Amendment of s 60A (Disclosure of interest in licensed animal by
executive officer of control body) . . . . . . . . . . . . . . . . . . . . . . . . . 241
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357 Replacement of s 78 (Purposes of ch 3) . . . . . . . . . . . . . . . . . . . 242
78 Purpose of chapter . . . . . . . . . . . . . . . . . . . . . . . . . . . 242
358 Replacement of ch 3, pt 2, div 1, hdg and ss 80-82 . . . . . . . . . . 242
80 Policy for code of racing . . . . . . . . . . . . . . . . . . . . . . . 242
359 Omission of ch 3, pt 2, divs 2 and 3 . . . . . . . . . . . . . . . . . . . . . . . 243
360 Replacement of ss 91 and 94. . . . . . . . . . . . . . . . . . . . . . . . . . . . 243
91 Obligation to have rules of racing for code of racing . 243
92 Process and other matters relating to making rules of racing
243
93 Requirement relating to rules of racing . . . . . . . . . . . 244
94 Availability of rules of racing . . . . . . . . . . . . . . . . . . . . 245
361 Omission of ch 3, pt 4 and pt 5, divs 1 and 2 . . . . . . . . . . . . . . . 245
362 Amendment of s 110 (Licensed club to give audited accounts to control
body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
363 Insertion of new s 110A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 246
110A Control body to report to Minister about licensed club 246
364 Amendment of s 111 (Definitions for div 4) . . . . . . . . . . . . . . . . . 246
365 Amendment of s 113AB (Definitions for pt 6) . . . . . . . . . . . . . . . . 247
366 Amendment of s 113AF (Decision) . . . . . . . . . . . . . . . . . . . . . . . 248
367 Amendment of s 113AH (Use of documents or information by control
body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 248
368 Amendment of s 113AJ (Cancellation of race information authority) 248
369 Replacement of chs 3A-7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249
Chapter 4 Review of decisions
114 What is an original decision and who is the decision-maker
249
115 Who is an interested person for an original decision . 249
116 External review process starts with internal review . . 250
117 Applying for internal review of original decision . . . . . 250
118 Staying operation of original decision on internal review 251
119 Reviewing original decision . . . . . . . . . . . . . . . . . . . . 252
120 Applying for external review . . . . . . . . . . . . . . . . . . . . 253
370 Omission of ch 8, pt 1, div 1, hdg . . . . . . . . . . . . . . . . . . . . . . . . 253
371 Amendment of s 310 (Definitions for div 1) . . . . . . . . . . . . . . . . . 254
372 Amendment of s 312 (Forgery and uttering Act documents) . . . . 255
373 Amendment of s 313 (Making a false statement in application or other
document) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 255
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374 Omission of ch 8, pt 1, divs 2-4, div 5, hdg and s 327. . . . . . . . . 255
375 Amendment of s 330 (Appointments and authority) . . . . . . . . . . . 255
376 Amendment of s 331 (Signatures) . . . . . . . . . . . . . . . . . . . . . . . . 256
377 Replacement of ss 332 and 333. . . . . . . . . . . . . . . . . . . . . . . . . . 256
332 Evidentiary aids--documents. . . . . . . . . . . . . . . . . . . 256
378 Amendment of s 334 (Types of offences) . . . . . . . . . . . . . . . . . . . 256
379 Omission of ch 9, pt 1 and pt 2, hdg. . . . . . . . . . . . . . . . . . . . . . . 257
380 Omission of ss 344-347. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 257
381 Omission of ch 9, pt 3, hdg and ss 348 and 349 . . . . . . . . . . . . . 257
382 Amendment of s 350 (Satisfaction, belief or suspicion must be on
grounds that are reasonable in the circumstances) . . . . . . . . . . . 257
383 Amendment of s 351 (Matters must be considered appropriate on
grounds that are reasonable in the circumstances) . . . . . . . . . . . 257
384 Omission of ss 352 and 352A and ch 9, pt 4, hdg . . . . . . . . . . . . 257
385 Amendment of s 355 (Regulation-making power) . . . . . . . . . . . . 258
386 Insertion of new s 355A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 258
355A Amendment to renumber . . . . . . . . . . . . . . . . . . . . . . 258
387 Omission of ch 10, pt 2, divs 1-6, pts 3 and 4, ss 413-416, 419-422,
424, 426, 428-432, 436-439, 441-443, 446-449, 454-456 and 459260
388 Insertion of new ch 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 260
Chapter 11 Transitional provisions for Racing Integrity Act
2015
Part 1 Preliminary
464 Definitions for chapter. . . . . . . . . . . . . . . . . . . . . . . . . 260
465 Purpose of chapter and relationship with Racing Integrity Act
261
Part 2 Provisions relating to chapter 2
466 Working out net UBET product fee for the year of
commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 262
467 Existing member of all-codes board . . . . . . . . . . . . . . 263
468 Appointment to board for 2 years after commencement 263
469 Existing chief executive officer of all-codes board . . . 264
470 Restrictions on eligibility to be chief executive officer for 2
years after commencement . . . . . . . . . . . . . . . . . . . . 264
471 Existing control board and members of control boards 264
472 Previous s 9CN continues to have effect despite repeal 265
473 Approval application received before commencement 265
474 Control body's first quarterly report under s 45 . . . . . 265
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Contents
475 Control body's first strategic and operational plans . . 265
476 Existing policy continues if board may make policy under this
Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 266
Part 3 Provisions relating to chapter 3
477 Existing Racing Integrity Commissioner. . . . . . . . . . . 267
478 Invoice for funding performance of Racing Integrity
Commissioner's functions before commencement . . . 267
479 Continued effect of previous s 113BB . . . . . . . . . . . . 268
Part 4 Provisions relating to chapter 4
480 Abolition of Racing Animal Welfare and Integrity Board 269
481 Things sent to facility before commencement . . . . . . 269
Part 5 Provisions relating to previous chapter 4A
Division 1 Preliminary matters
482 Purpose of part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
483 Definitions for part . . . . . . . . . . . . . . . . . . . . . . . . . . . 270
Division 2 If notice of appeal given to registrar before
commencement
484 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . 271
485 If there is notice of appeal before commencement. . . 271
486 Rejection of notice of appeal . . . . . . . . . . . . . . . . . . . 271
487 Continuation of ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . 272
Division 3 If notice of appeal not given to registrar before
commencement
488 Application of division. . . . . . . . . . . . . . . . . . . . . . . . . 272
489 Person may apply to QCAT for external review of appellable
decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
Part 6 Provisions relating to previous chapter 5
490 Referral of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . 273
491 Appeal under previous s 155 . . . . . . . . . . . . . . . . . . . 274
492 Continuation of ch 5 . . . . . . . . . . . . . . . . . . . . . . . . . . 274
Part 7 Provisions relating to offences before
commencement
493 Act previously in force to apply to offences . . . . . . . . 275
Part 8 Regulation-making power for transitional
purposes
494 Transitional regulation-making power . . . . . . . . . . . . . 275
389 Replacement of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . 276
Schedule 1 Dictionary
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Contents
Schedule 2 Renumbered cross-references
Part 4 Amendment of Acts
390 Acts amended in sch 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 291
Schedule 1 Dictionary . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 292
Schedule 2 Amendment of Acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 305
Bail Act 1980 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 311
Criminal Organisation Act 2009 . . . . . . . . . . . . . . . . . . . . . . . . . . 311
Interactive Gambling (Player Protection) Act 1998. . . . . . . . . . . . 312
Liquor Act 1992 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 312
Police Powers and Responsibilities Act 2000 . . . . . . . . . . . . . . . . 313
Public Service Act 2008 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314
Trading (Allowable Hours) Act 1990 . . . . . . . . . . . . . . . . . . . . . . . 314
Wagering Act 1998 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 315
Page 19
2015
A Bill
for
An Act to safeguard the welfare of animals, to ensure the
integrity of persons involved in the racing industry and to
manage matters relating to betting and sporting contingencies,
and to amend the Animal Care and Protection Act 2001, the Bail
Act 1980, the Criminal Organisation Act 2009, the Interactive
Gambling (Player Protection) Act 1998, the Liquor Act 1992, the
Police Powers and Responsibilities Act 2000, the Public Service
Act 2008, the Racing Act 2002, the Trading (Allowable Hours)
Act 1990 and the Wagering Act 1998 for particular purposes
Racing Integrity Bill 2015
Chapter 1 Preliminary
[s 1]
The Parliament of Queensland enacts-- 1
Chapter 1 Preliminary 2
1 Short title 3
This Act may be cited as the Racing Integrity Act 2015. 4
2 Commencement 5
This Act commences on a day to be fixed by proclamation. 6
3 Main purposes of Act and their achievement 7
(1) The main purposes of this Act are-- 8
(a) to maintain public confidence in the racing of animals in 9
Queensland for which betting is lawful; and 10
(b) to ensure the integrity of all persons involved with 11
racing or betting under this Act or the Racing Act; and 12
(c) to safeguard the welfare of all animals involved in 13
racing under this Act or the Racing Act. 14
(2) The purposes are to be achieved primarily by-- 15
(a) establishing the Queensland Racing Integrity 16
Commission; and 17
(b) regulating racing bookmakers by establishing a 18
framework that provides for-- 19
(i) the obtaining of eligibility certificates; and 20
(ii) licensing by the commission; and 21
(iii) the granting of offcourse approvals. 22
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Chapter 2 Queensland Racing Integrity Commission
Part 1 Establishment
[s 4]
4 Extraterritorial application of Act 1
(1) This Act applies both within and outside Queensland. 2
(2) This Act applies outside Queensland to the full extent of the 3
extraterritorial legislative power of the Parliament. 4
5 Dictionary 5
The dictionary in schedule 1 defines particular words used in 6
this Act. 7
6 Act binds State, Commonwealth and other States 8
(1) This Act binds the State and, as far as the legislative authority 9
of the Parliament permits, the Commonwealth and the other 10
States. 11
(2) However, an entity mentioned in subsection (1) can not be 12
prosecuted for an offence against this Act. 13
Chapter 2 Queensland Racing 14
Integrity Commission 15
Part 1 Establishment 16
7 Establishment and status 17
(1) The Queensland Racing Integrity Commission (the 18
commission) is established. 19
(2) The commission consists of the commissioner, the deputy 20
commissioners and the staff of the commission. 21
(3) The staff are to be employed under the Public Service Act 22
2008. 23
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Chapter 2 Queensland Racing Integrity Commission
Part 2 Functions and powers
[s 8]
8 Commission represents the State 1
(1) The commission represents the State. 2
(2) Without limiting subsection (1), the commission has the 3
status, privileges and immunities of the State. 4
9 Application of other Acts 5
(1) The commission is-- 6
(a) a unit of public administration under the Crime and 7
Corruption Act 2001; and 8
(b) a statutory body under the Financial Accountability Act 9
2009 and the Statutory Bodies Financial Arrangements 10
Act 1982. 11
(2) The Statutory Bodies Financial Arrangements Act 1982, part 12
2B explains how that Act affects the commission's powers. 13
Part 2 Functions and powers 14
10 Functions 15
(1) The commission has the following functions-- 16
(a) to license animals, clubs, participants and venues that 17
are suitable to be licensed for a code of racing; 18
(b) to assess under this Act the suitability of an applicant to 19
be an approved control body; 20
(c) to conduct audits of licence holders to decide if the 21
license holders continue to be suitable to be licensed, on 22
the commission's own initiative or at the request of the 23
Minister; 24
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Chapter 2 Queensland Racing Integrity Commission
Part 2 Functions and powers
[s 10]
(d) to investigate complaints about matters relevant to a 1
code of racing, on the commission's own initiative or at 2
the request of the Minister, including-- 3
(i) complaints about the processes of a control body; 4
and 5
(ii) complaints about a licence holder; 6
(e) to conduct investigations into breaches of this Act or the 7
Racing Act; 8
(f) to oversee the integrity of race meetings, including 9
matters preliminary to race meetings; 10
Examples of matters preliminary to race meetings-- 11
jumpouts, trackwork sessions, trials 12
(g) to manage testing of things, including developing or 13
adopting procedures about the way things for analysis 14
are to be taken and dealt with; 15
(h) to keep records that provide for the identification and 16
monitoring of animals; 17
Example-- 18
records that show the 'end-to-end tracking' of an animal 19
(i) to safeguard the welfare of any animal involved, 20
whether directly or indirectly and whether lawfully or 21
unlawfully, in racing; 22
(j) to make decisions about disciplinary matters; 23
(k) to prevent noncompliance and lapses in integrity, as far 24
as practicable, in the racing industry; 25
(l) to promote compliance and integrity by educating, 26
providing information for, and working with, 27
participants; 28
(m) to regularly review and assess compliance and the 29
integrity of participants, clubs and practices in the 30
racing industry, on the commission's own initiative or at 31
the request of the Minister; 32
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Chapter 2 Queensland Racing Integrity Commission
Part 2 Functions and powers
[s 11]
(n) to work collaboratively with entities responsible for 1
investigating and prosecuting offences, including-- 2
(i) sharing information with the entities for crime 3
prevention; and 4
(ii) in circumstances where the commission reasonably 5
suspects an offence may have been committed; 6
(o) to identify opportunities for cooperative partnerships 7
with entities to improve compliance and integrity in the 8
racing industry; 9
(p) to report and make recommendations to the Minister 10
about matters relevant to the performance of its 11
functions and any other matters referred to it by the 12
Minister; 13
(q) to make all necessary inquiries it believes necessary to 14
fulfil a function mentioned in paragraphs (a) to (o); 15
(r) to perform a function incidental to a function mentioned 16
in paragraphs (a) to (o); 17
(s) to perform a function given to it under another Act. 18
(2) In this section-- 19
compliance includes compliance with this Act or the Racing 20
Act. 21
processes, of a control body, includes policies, systems, 22
actions and decisions made by the control body. 23
11 General restriction on functions 24
It is not a function of the commission to investigate-- 25
(a) a matter that has already been decided by a court or the 26
tribunal; or 27
(b) a matter the subject of an unfinished proceeding that has 28
started in a court or the tribunal. 29
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Part 2 Functions and powers
[s 12]
12 Powers 1
(1) The commission has all the powers of an individual and may, 2
for example-- 3
(a) enter into contracts or agreements; and 4
(b) acquire, hold, deal with, and dispose of, property; and 5
(c) appoint agents and attorneys; and 6
(d) engage consultants and researchers; and 7
(e) charge a fee for services and other facilities it supplies; 8
and 9
(f) do anything else necessary or convenient to be done in 10
performing its functions. 11
(2) Without limiting subsection (1), the commission has the 12
powers given to it under this Act or another Act. 13
13 Ministerial directions 14
(1) The Minister may give the commission a written direction 15
about the performance of its functions or the exercise of its 16
powers if the Minister is satisfied it is in the best interests of 17
the Queensland racing industry to give the direction. 18
(2) However, the Minister may not give the commission a 19
direction about any of the following-- 20
(a) a decision of the commission that is an original 21
decision; 22
(b) a decision mentioned in section 262(2); 23
(c) a matter for which the commission is conducting an 24
audit or investigation. 25
(3) The commission must comply with a direction given under 26
subsection (1). 27
(4) The commission-- 28
(a) must include in its annual report, prepared under the 29
Financial Accountability Act 2009, section 63, details of 30
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Chapter 2 Queensland Racing Integrity Commission
Part 2 Functions and powers
[s 14]
any direction given by the Minister under subsection (1) 1
during the financial year to which the report relates; and 2
(b) may include in the report a comment about the effect on 3
the commission's activities of complying with the 4
direction. 5
14 Directions to licensed clubs 6
(1) The commission may give a written direction to a licensed 7
club relating to-- 8
(a) the operations of the club; or 9
(b) a licensed venue for which the club is the licence holder. 10
(2) The direction may require the licensed club to do something 11
or to refrain from doing something. 12
Note-- 13
The failure to comply with a direction is a ground for cancelling or 14
suspending the club's licence under section 71(1). 15
15 Commission direction prevails over control body 16
direction 17
If there is an inconsistency between a direction given under 18
this Act or the Racing Act to a licensed club by the 19
commission or a control body, the direction of the 20
commission prevails to the extent of the inconsistency. 21
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Racing Integrity Bill 2015
Chapter 2 Queensland Racing Integrity Commission
Part 3 Racing Integrity Commissioner and Deputy Racing Integrity Commissioners
[s 16]
Part 3 Racing Integrity Commissioner 1
and Deputy Racing Integrity 2
Commissioners 3
16 Racing Integrity Commissioner 4
(1) There is to be a Racing Integrity Commissioner (the 5
commissioner). 6
(2) The Governor in Council is to appoint the commissioner. 7
(3) A person may be appointed as the commissioner for a term of 8
not more than 3 years. 9
(4) The commissioner may be reappointed. 10
(5) The commissioner is to be paid the remuneration and 11
allowances decided by the Governor in Council. 12
(6) Subject to this Act, a person holds office as the commissioner 13
on the conditions decided by the Governor in Council. 14
(7) The commissioner must be appointed under this Act and not 15
under the Public Service Act 2008. 16
17 Deputy Racing Integrity Commissioners 17
(1) There are to be 2 or more Deputy Racing Integrity 18
Commissioners (each a deputy commissioner). 19
(2) The Governor in Council is to appoint each deputy 20
commissioner, including-- 21
(a) a deputy commissioner who is to be called the 1st 22
deputy commissioner; and 23
(b) a deputy commissioner who is to be called the 2nd 24
deputy commissioner. 25
(3) A person may be appointed as a deputy commissioner for a 26
term of not more than 3 years. 27
(4) A deputy commissioner may be reappointed. 28
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Part 3 Racing Integrity Commissioner and Deputy Racing Integrity Commissioners
[s 18]
(5) A deputy commissioner is to be paid the remuneration and 1
allowances decided by the Governor in Council. 2
(6) Subject to this Act, a person holds office as a deputy 3
commissioner on the conditions decided by the Governor in 4
Council. 5
(7) A deputy commissioner must be appointed under this Act and 6
not under the Public Service Act 2008. 7
18 Persons eligible to be commissioner or deputy 8
commissioner 9
A person is eligible to be the commissioner or a deputy 10
commissioner if the person-- 11
(a) is an eligible individual within the meaning of the 12
Racing Act; and 13
(b) is not, and has not been in the previous 2 years, a 14
member or employee of a control body; and 15
(c) is not, and has not been in the previous 2 years, an 16
executive office of a corporation that is an approved 17
control body. 18
19 Functions of commissioner 19
(1) The main functions of the commissioner are-- 20
(a) to ensure the effective and efficient administration and 21
operation of the commission and the performance of its 22
functions; and 23
(b) to manage the staff of the commission in accordance 24
with the requirements of this Act and the Public Service 25
Act 2008. 26
(2) The commissioner's functions also include any other function 27
given to the commissioner under this Act or another Act. 28
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Part 3 Racing Integrity Commissioner and Deputy Racing Integrity Commissioners
[s 20]
20 Functions of deputy commissioner 1
(1) The main functions of a deputy commissioner are-- 2
(a) to assist the commissioner in ensuring the effective and 3
efficient administration and operation of the 4
commission and the performance of its functions; and 5
(b) to assist the commissioner in managing the staff of the 6
commission in accordance with the requirements of this 7
Act and the Public Service Act 2008; and 8
(c) for the 1st deputy commissioner--to act in the office of 9
the commissioner if the commissioner is absent or for 10
any other reason is unable to perform the functions of 11
the office; and 12
(d) for the 2nd deputy commissioner--to act in the office of 13
the commissioner if the commissioner and 1st deputy 14
commissioner are absent or for any other reason are 15
unable to perform the functions of the office. 16
(2) A deputy commissioner's functions also include any other 17
function given to the deputy commissioner under this Act or 18
another Act. 19
21 Powers of commissioner and deputy commissioners 20
(1) The commissioner and deputy commissioners have the 21
powers necessary for performing the commissioner's or 22
deputy commissioners' functions. 23
(2) The commissioner and deputy commissioners also have the 24
other powers given to the commissioner and deputy 25
commissioners under this Act or another Act. 26
(3) The commissioner may exercise the powers of the 27
commission, and any other powers given to the commissioner, 28
under this Act or another Act. 29
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Chapter 2 Queensland Racing Integrity Commission
Part 3 Racing Integrity Commissioner and Deputy Racing Integrity Commissioners
[s 22]
22 Vacancy in office 1
(1) The office of the commissioner becomes vacant if the 2
commissioner-- 3
(a) ceases to be eligible to be the commissioner under 4
section 18; or 5
(b) resigns under section 23; or 6
(c) is removed from office under section 24. 7
(2) The office of a deputy commissioner becomes vacant if the 8
deputy commissioner-- 9
(a) ceases to be eligible to be a deputy commissioner under 10
section 18; or 11
(b) resigns under section 23; or 12
(c) is removed from office under section 24. 13
23 Resignation 14
(1) The commissioner or a deputy commissioner may resign the 15
commissioner's or deputy commissioner's office by giving the 16
Minister a signed letter of resignation. 17
(2) The resignation takes effect when the Minister receives the 18
resignation or, if a later day is stated in the letter, the later day. 19
24 Removal or suspension 20
The Governor in Council may remove or suspend a person 21
from office as the commissioner or as a deputy commissioner 22
if the person-- 23
(a) becomes incapable of performing the functions of the 24
commissioner or deputy commissioner because of 25
mental or physical incapacity; or 26
(b) has performed the duties of the commissioner or deputy 27
commissioner carelessly, incompetently or inefficiently; 28
or 29
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Chapter 2 Queensland Racing Integrity Commission
Part 3 Racing Integrity Commissioner and Deputy Racing Integrity Commissioners
[s 25]
(c) has engaged in dishonourable conduct; or 1
(d) has been found guilty of an offence the Governor in 2
Council considers make the person inappropriate to 3
perform the functions of the commissioner or deputy 4
commissioner. 5
25 Acting commissioner 6
(1) This section applies if-- 7
(a) there is a vacancy in the office of commissioner or the 8
commissioner is absent or for any other reason is unable 9
to perform the functions of the office; and 10
(b) both the 1st deputy commissioner and 2nd deputy 11
commissioner are unable to perform the functions of the 12
commissioner's office. 13
(2) The Minister may appoint a person to act as commissioner for 14
a period of not more than 3 months. 15
(3) However, the Minister may extend the appointment for a 16
further 3 months. 17
(4) A person appointed to act as commissioner-- 18
(a) has all the functions and powers of the commissioner; 19
and 20
(b) is taken to be the commissioner for all purposes relating 21
to this Act. 22
26 Acting deputy commissioner 23
(1) This section applies if there is a vacancy in the office of a 24
deputy commissioner or a deputy commissioner is absent or 25
for any other reason is unable to perform the functions of the 26
office. 27
(2) The Minister may appoint a person to act as a deputy 28
commissioner for a period of not more than 3 months. 29
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Part 3 Racing Integrity Commissioner and Deputy Racing Integrity Commissioners
[s 27]
(3) However, the Minister may extend the appointment for a 1
further 3 months. 2
(4) A person appointed to act as a deputy commissioner-- 3
(a) has all the functions and powers of a deputy 4
commissioner; and 5
(b) is taken to be a deputy commissioner for all purposes 6
relating to this Act. 7
27 Preservation of rights of commissioner and deputy 8
commissioners 9
(1) This section applies if a person who is a public service officer 10
is appointed as the commissioner or as a deputy 11
commissioner. 12
(2) The person keeps all rights accrued or accruing to the person 13
as a public service officer as if service as the commissioner or 14
as a deputy commissioner were a continuation of service as a 15
public service officer. 16
(3) At the end of a person's term of office or resignation as the 17
commissioner or as a deputy commissioner, the person's 18
service as the commissioner or as a deputy commissioner is 19
taken to be service of a like nature in the public service for 20
deciding the person's rights as a public service officer. 21
28 Delegations 22
(1) The commissioner may delegate any of the commissioner's 23
functions under this Act or another Act to a deputy 24
commissioner. 25
(2) The commissioner may delegate any of the commissioner's 26
functions under this Act or another Act, other than section 38, 27
39, 40 or 42, to an appropriately qualified person, including an 28
employee of the commission or of a department. 29
(3) A person delegated a function under subsection (2) may 30
subdelegate the function to an appropriately qualified person. 31
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Part 4 Commission's role in assessing approval applications
[s 29]
(4) In this section-- 1
function includes power. 2
Part 4 Commission's role in 3
assessing approval 4
applications 5
29 Assessment of approval applications 6
(1) The commission must assess an approval application referred 7
under the Racing Act, section 13(1)(b), to the commission. 8
(2) The commission must prepare and give to the Minister a 9
report relating to the approval application that includes the 10
following matters-- 11
(a) whether the commission is reasonably satisfied the 12
applicant for the approval application is suitable to be an 13
approved control body; 14
(b) whether the commission is reasonably satisfied the 15
commission can adequately regulate the activities 16
relating to the proposed code of racing for the approval 17
application, including licensing participants and 18
appointing stewards to be in charge of race meetings for 19
the code; 20
(c) whether the commission is reasonably satisfied the 21
commission can license persons who would become 22
racing bookmakers for the proposed code of racing; 23
(d) whether the applicant's draft strategic plan and 24
operation plan that, under the Racing Act, section 11, 25
accompanied the approval application have satisfied all 26
relevant operational and integrity matters associated 27
with the applicant becoming an approved control body; 28
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Chapter 2 Queensland Racing Integrity Commission
Part 4 Commission's role in assessing approval applications
[s 30]
(e) any submissions given to the commission under the 1
Racing Act, section 15(1) about the approval 2
application, and the commission's assessment of and 3
response to the submissions; 4
(f) any other matter relating to the approval application 5
that, in the commission's opinion, may impact on the 6
applicant's suitability as a control body. 7
(3) If the commission is given a submission about the approval 8
application as mentioned in subsection (2)(e), the commission 9
must give the chief executive (racing) a copy of it. 10
30 Assessment if 2 or more approval applications 11
(1) This section applies if-- 12
(a) there are 2 or more approval applications for approval as 13
the control body for a code of racing; and 14
(b) the chief executive (racing) calls a meeting of the 15
approval applicants under the Racing Act, section 17(1); 16
and 17
(c) there is no mediated agreement supported by all of the 18
approval applicants. 19
(2) The commission must prepare and give to the Minister a 20
single report relating to each of the approval applications that 21
includes the following matters-- 22
(a) the matters mentioned in section 29 for each approval 23
application; 24
(b) an assessment about the merits of each approval 25
application compared to the other approval applications; 26
(c) the commission's recommendation about which 27
approval applicant is best qualified and most suitable to 28
be the control body for the code of racing, having regard 29
to the matters mentioned in section 31. 30
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Chapter 2 Queensland Racing Integrity Commission
Part 4 Commission's role in assessing approval applications
[s 31]
31 Assessing applicants for approval applications 1
(1) This section applies to the commission in assessing an 2
approval application as mentioned in section 29. 3
(2) The commission must decide whether the applicant for the 4
approval application is suitable to be approved as the control 5
body for the proposed code of racing. 6
(3) For subsection (2), the commission must have regard to and, if 7
necessary, investigate-- 8
(a) the approval application, matters accompanying or 9
included in the approval application as mentioned in the 10
Racing Act, section 11, and evidence given by the 11
approval applicant in support of the application about 12
the matters mentioned in section 12 of that Act; and 13
(b) the suitability of every business associate and executive 14
associate of the applicant to be associated with the 15
applicant as a control body; and 16
(c) if the approval applicant has a business association with 17
another entity--the entity's character or business 18
reputation. 19
(4) In deciding about the suitability of a business associate or 20
executive associate of the applicant, the commission must 21
have regard to and, if necessary, investigate-- 22
(a) the associate's character or business reputation; and 23
(b) if the associate has a business association with another 24
entity--the entity's character or business reputation. 25
32 Commission may require further information or 26
documents 27
(1) For an investigation under section 31 relating to an approval 28
application, the commission may, by notice given to the 29
applicant for the approval application, require the applicant to 30
give the commission further information or a document 31
relating to any of the following within the reasonable period 32
stated in the notice-- 33
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Chapter 2 Queensland Racing Integrity Commission
Part 5 Audits and investigations
[s 33]
(a) the approval application; 1
(b) the applicant; 2
(c) a business associate or executive associate of the 3
applicant; 4
(d) an entity with which the applicant has a business 5
association. 6
(2) For an investigation under section 31 relating to a business 7
associate or executive associate of an applicant, the 8
commission may, by notice given to the associate and a copy 9
of the notice given to the applicant, require the associate to 10
give the commission information or a document relating to the 11
following within the reasonable period stated in the notice-- 12
(a) the association with the applicant; 13
(b) an entity with which the associate has a business 14
association. 15
(3) When making the requirement, the commission must warn the 16
applicant and associate that the approval application will not 17
be considered further until the requirement is complied with. 18
Part 5 Audits and investigations 19
Division 1 Commission's powers for 20
investigations 21
33 Investigations into suitability of a control body 22
The commission may investigate a control body to find out 23
whether it is suitable under this Act to continue to manage its 24
code of racing. 25
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Part 5 Audits and investigations
[s 34]
34 Investigation into suitability of associate of control body 1
The commission may investigate a control body associate to 2
decide whether the associate is a suitable person to be, or to 3
continue to be, associated with the control body's operations. 4
35 Requirement to give information or document for 5
investigation 6
(1) In investigating a control body or a control body associate, the 7
commission may, by notice given to the control body or the 8
associate, require the control body or associate to give the 9
commission information or a document the commission 10
reasonably believes relevant to the investigation. 11
(2) The notice must include-- 12
(a) the reasonable period within which the control body or 13
control body associate must comply with the 14
requirement; and 15
(b) a warning that it is an offence to fail to comply with the 16
requirement, unless the control body or associate has a 17
reasonable excuse. 18
(3) If the requirement is made of a control body associate, the 19
commission must give a copy of the notice to the control 20
body. 21
36 Failure to give information or document for investigation 22
(1) A person to whom a notice is given under section 35(1) must 23
comply with the requirement in the notice within the period 24
stated in the notice, unless the person has a reasonable excuse. 25
Maximum penalty--200 penalty units. 26
(2) If the person is an individual, it is a reasonable excuse for the 27
person not to comply with the requirement if complying with 28
the requirement might tend to incriminate the person. 29
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(3) The person does not commit an offence against this section if 1
the information or document sought by the commission is not 2
in fact relevant to the investigation. 3
37 Criminal history report for investigation 4
(1) If the commission, in investigating a person under section 33 5
or 34, asks the police commissioner for a written report on the 6
person's criminal history, the police commissioner must give 7
the report to the commission. 8
(2) The report is to contain-- 9
(a) the person's criminal history; and 10
(b) a brief description of the circumstances of a conviction 11
mentioned in the person's criminal history. 12
(3) However, the duty imposed on the police commissioner 13
applies only to information in the police commissioner's 14
possession or to which the police commissioner has access. 15
Division 2 Commissioner's powers for audits 16
and investigations 17
38 Powers for audits and investigations 18
(1) If the commission is conducting an audit or investigation, the 19
commissioner may-- 20
(a) act in the absence of a person who has been given 21
reasonable notice of the audit or investigation; and 22
(b) receive evidence on oath or affirmation or by statutory 23
declaration; and 24
(c) disregard a minor defect, error, omission or 25
insufficiency in a document. 26
(2) The commissioner may administer an oath or affirmation to a 27
person appearing as a witness before the commissioner. 28
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39 Power to require attendance and giving of evidence 1
(1) If the commissioner reasonably believes a person has 2
information relevant to an audit or investigation, the 3
commissioner may, by notice given to the person, require the 4
person to attend before the commissioner to answer questions 5
relevant to the audit or investigation. 6
(2) The notice must state-- 7
(a) the place at which the person must attend; and 8
(b) a reasonable time at which, or a reasonable period for 9
which, the person must attend. 10
(3) The notice may require the person to give evidence on oath or 11
affirmation. 12
40 Power to require information, document or thing 13
(1) If the commissioner reasonably believes a person has 14
information or a document or thing relevant to an audit or 15
investigation, the commissioner may, by notice given to the 16
person, require the person to-- 17
(a) give the information to the commissioner in writing 18
signed by the person or, in the case of a corporation, by 19
an officer of the corporation; or 20
(b) produce the document or thing to the commissioner. 21
(2) The notice must state-- 22
(a) the place at which the information, document or thing 23
must be given or produced to the commissioner; and 24
(b) a reasonable time at which, or a reasonable period 25
within which, the information, document or thing must 26
be given or produced. 27
41 Offences by witnesses 28
(1) A person who is given a notice under section 39 or 40 must 29
not, without reasonable excuse-- 30
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(a) fail to attend as required by the notice; or 1
(b) fail to continue to attend as required by the 2
commissioner until excused from further attendance; or 3
(c) fail to produce a document or thing the person is 4
required to produce by the notice. 5
Maximum penalty--100 penalty units. 6
(2) A person appearing as a witness at the audit or investigation 7
must not, without reasonable excuse-- 8
(a) fail to take an oath or make an affirmation when 9
required by the commissioner; or 10
(b) fail to answer a question the person is required to 11
answer by the commissioner. 12
Maximum penalty--100 penalty units. 13
(3) A person appearing as a witness at the audit or investigation 14
must not give the commissioner information the person knows 15
is false or misleading in a material particular. 16
Maximum penalty--100 penalty units. 17
(4) A person who is given a notice under section 40 must not give 18
the commissioner information, or a document containing 19
information, the person knows is false or misleading in a 20
material particular. 21
Maximum penalty--100 penalty units. 22
(5) Subsection (3) or (4) does not apply to a person who, when 23
giving a document-- 24
(a) tells the commissioner, to the best of the person's ability, 25
how the information is false or misleading; and 26
(b) if the person has, or can reasonably get, the correct 27
information--gives the correct information to the 28
commissioner. 29
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42 Power to refuse to investigate complaint 1
(1) This section applies if a person makes a complaint to the 2
commission about a matter relevant to a code of racing. 3
(2) The commissioner may refuse to investigate the complaint or, 4
having started to investigate the complaint, may refuse to 5
continue the investigation if-- 6
(a) the matter is being investigated by another entity; or 7
(b) the commissioner is reasonably satisfied-- 8
(i) it is appropriate for another entity to investigate the 9
matter; or 10
(ii) the complaint is about a frivolous matter or was 11
made vexatiously. 12
(3) If the commissioner refuses to investigate or continue to 13
investigate a complaint under subsection (2), the 14
commissioner must prepare a report stating-- 15
(a) the reasons the commissioner refused to investigate or to 16
continue to investigate the complaint; and 17
(b) whether the commissioner is likely to investigate or 18
continue to investigate the complaint in the future; and 19
(c) any other matter the commissioner considers reasonable 20
to include in the report. 21
(4) The commissioner must give a copy of the report to the 22
Minister. 23
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Part 6 Reporting and accountability
[s 43]
Part 6 Reporting and accountability 1
Division 1 Reporting generally 2
43 Quarterly reports 3
(1) The commission must give the Minister a report on its 4
operations for each quarter in a financial year. 5
(2) A quarterly report must be given to the Minister-- 6
(a) within 6 weeks after the end of the quarter; or 7
(b) if another period after the end of the quarter is agreed 8
between the commission and the Minister--within the 9
agreed period. 10
(3) A quarterly report must contain the information required to be 11
given in the report under the commission's operational plan. 12
(4) In this section-- 13
quarter, in a financial year, means the following periods in the 14
year-- 15
(a) 1 July to 30 September; 16
(b) 1 October to 31 December; 17
(c) 1 January to 31 March; 18
(d) 1 April to 30 June. 19
44 Commission to keep Minister informed 20
The commission must-- 21
(a) keep the Minister reasonably informed of its operations, 22
financial performance and financial position and its 23
achievement of the objectives in its strategic and 24
operational plans; and 25
(b) immediately inform the Minister of any matters that 26
arise that, in the commission's opinion, may-- 27
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[s 45]
(i) prevent, or significantly affect, achievement of the 1
objectives in its strategic and operational plans; or 2
(ii) significantly impact on public confidence in the 3
integrity of the Queensland racing industry. 4
45 Reporting to department 5
(1) The Minister may act under this section for the purpose of 6
monitoring, assessing or reporting on the commission's 7
performance of its functions. 8
(2) The Minister may require the commission to report to the 9
department by, for example, giving stated information at 10
stated times to the chief executive. 11
(3) The commission must comply with the requirement. 12
46 Other reporting requirements 13
Sections 44 and 45 do not limit the matters of which the 14
commission is required to keep the Minister informed, or limit 15
the reports or information that the commission is required, or 16
may be required, to give under another Act. 17
Division 2 Annual reports 18
47 Annual report 19
(1) The annual report for a financial year must contain details of 20
the operations of the commission during the financial year. 21
(2) Without limiting subsection (1), the annual report must 22
contain the following-- 23
(a) a review of the work undertaken by the commission 24
during the financial year; and 25
(b) proposals, if any, for improving the operations of the 26
commission; and 27
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(c) a forecast of the work of the commission for the 1
following financial year. 2
(3) In this section-- 3
annual report means the commission's annual report under 4
the Financial Accountability Act 2009. 5
Division 3 Strategic and operational plans 6
48 Interaction with the Financial Accountability Act 2009 7
(1) If something is required to be done under this division and the 8
same thing, or something to the same effect, is required to be 9
done under the Financial Accountability Act 2009, 10
compliance with this division is sufficient compliance with 11
the Financial Accountability Act 2009. 12
(2) Otherwise, the requirements under this division are in addition 13
to the requirements under the Financial Accountability Act 14
2009. 15
(3) If there is an inconsistency between this division and the 16
Financial Accountability Act 2009, this division prevails to 17
the extent of the inconsistency. 18
49 Draft strategic and operational plans 19
(1) Before 31 March each year, the commission must prepare, and 20
give to the Minister, a draft strategic plan and a draft 21
operational plan for the next financial year. 22
(2) The commission and the Minister must try to reach agreement 23
on the draft plans as soon as possible and, in any event, not 24
later than the start of the financial year. 25
50 Procedures 26
(1) The Minister may return the draft strategic or operational plan 27
to the commission and ask the commission-- 28
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[s 51]
(a) to consider, or further consider, a stated thing and deal 1
with the thing in the draft plan; and 2
(b) to revise the draft plan in the light of its consideration or 3
further consideration. 4
(2) The commission must comply with the request as a matter of 5
urgency. 6
(3) If the draft plan has not been agreed to by the Minister by 1 7
month before the start of the financial year, the Minister may, 8
by written notice, direct the commission-- 9
(a) to take stated steps in relation to the draft plan; or 10
(b) to make stated modifications of the draft plan. 11
(4) The commission must immediately comply with the direction 12
and include a copy of the direction in the plan. 13
51 Strategic or operational plan pending agreement 14
(1) This section applies if the Minister and the commission have 15
not agreed to the draft strategic or operational plan before the 16
start of the relevant financial year. 17
(2) The draft plan given, or last given, by the commission to the 18
Minister before the start of the financial year, with any 19
modifications made by the commission, whether before or 20
after that time, at the direction of the Minister, is taken to be 21
the commission's strategic or operational plan. 22
(3) Subsection (2) applies until a draft strategic or operational 23
plan becomes the commission's strategic or operational plan 24
under section 52. 25
52 Strategic or operational plan on agreement 26
When the draft strategic or operational plan has been agreed 27
to in writing by the Minister, it becomes the commission's 28
strategic or operational plan for the relevant financial year. 29
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Part 7 Administration
[s 53]
53 Compliance with strategic and operational plans 1
The commission must comply with its strategic and 2
operational plans for a financial year. 3
54 Modifications of strategic or operational plan 4
(1) The commission may modify its strategic or operational plan 5
only with the written agreement of the Minister. 6
(2) The Minister may, by written notice, direct the commission to 7
modify its strategic or operational plan. 8
55 Content of strategic and operational plans 9
(1) The commission's strategic plan for a financial year must 10
include the matters prescribed by regulation. 11
(2) The commission's operational plan for a financial year must 12
include the matters prescribed by regulation. 13
Part 7 Administration 14
56 Funding 15
(1) The cost of the performance of the commission's functions is 16
to be funded mainly by the control bodies. 17
(2) The chief executive must-- 18
(a) decide the amount a control body must pay from time to 19
time towards the cost of the performance of the 20
commission's functions; and 21
(b) give the control body an invoice for the amount. 22
(3) The amount of the invoice is payable 28 days after the control 23
body receives the invoice. 24
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Part 1 Preliminary
[s 57]
57 Recovery of unpaid amounts 1
If a control body does not pay an amount payable under 2
section 56(3), the State may recover the amount from the 3
control body as a debt. 4
Chapter 3 Commission's functions in 5
relation to codes of racing 6
and licensed clubs 7
Part 1 Preliminary 8
58 Purposes of chapter 9
(1) The main purposes of this chapter are to provide for the way 10
the commission may perform its functions in relation to-- 11
(a) each code of racing; and 12
(b) licensed clubs. 13
(2) Generally, the commission performs its functions by-- 14
(a) making standards for each code of racing, particularly 15
about the licensing scheme for controlling activities 16
relating to animals, clubs, participants and venues and 17
about the way in which races are to be held for the code 18
of racing; and 19
(b) giving directions to licensed clubs and ensuring 20
compliance by taking disciplinary action relating to the 21
licence of a club that does not comply with a direction. 22
(3) The standards ensure there is guidance for persons involved in 23
the code of racing and transparent decision-making relating to 24
matters dealt with by the standards. 25
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(4) This chapter also provides for offences relevant to matters 1
dealt with in the chapter. 2
Part 2 Standards 3
Division 1 General provisions about standards 4
59 Standards for codes of racing 5
(1) The commission may make a standard for a code of racing 6
if-- 7
(a) the standard is required under this Act or a Ministerial 8
direction; or 9
(b) the commission reasonably believes it is good 10
management to have the standard. 11
(2) A regulation may prescribe that the commission must make a 12
standard for a particular matter and the provisions to be 13
included in the standard for the matter. 14
60 Form of standards 15
(1) A standard must state the following-- 16
(a) its name; 17
(b) the day the commission made the standard; 18
(c) the day it takes effect; 19
(d) its purpose; 20
(e) who will be affected by it; 21
(f) how the commission will make decisions about matters 22
provided for by the standard; 23
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(g) whether the standard will provide for matters about rules 1
of racing. 2
(2) The commission makes a standard when the standard is 3
approved by the commissioner. 4
(3) A standard can not take effect on a day earlier than the day the 5
commissioner approves the standard. 6
(4) If the commission wishes to amend a standard, it must make a 7
new standard. 8
61 Availability of standards 9
(1) The commission must ensure each standard is publicly 10
available. 11
(2) Without limiting subsection (1), the commission must, for 12
each of the standards-- 13
(a) give a copy of the standard to the chief executive within 14
14 days after it makes the standard; and 15
(b) make the standard available for inspection, free of 16
charge, at its business address during its ordinary office 17
hours and on its website; and 18
(c) if a person asks for a copy of the standard, give the 19
person a copy on payment of a fee that is no more than 20
the reasonable cost of providing the copy. 21
62 Application of standards 22
To remove any doubt, it is declared that a standard may apply 23
to an animal, club, participant or venue even though it was not 24
licensed when the standard was made. 25
63 Standards are statutory instruments 26
A standard is a statutory instrument. 27
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Part 2 Standards
[s 64]
Division 2 Standards about licensing schemes 1
64 Purposes of licensing schemes 2
The purposes of the licensing scheme for a code of racing are 3
to ensure-- 4
(a) the integrity of racing activities conducted as part of the 5
code; and 6
(b) the safety of persons involved in racing or training 7
licensed animals; and 8
(c) the welfare of licensed animals while involved in racing 9
or training, or activities associated with racing or 10
training. 11
65 Developing standards for a licensing scheme 12
In developing the standard for a licensing scheme for a code 13
of racing, the commission must consider the privileges and 14
duties that are to attach to a licence it issues and other matters 15
relevant to an effective licensing scheme. 16
66 Standards for a licensing scheme--mandatory matters 17
(1) The standard for a licensing scheme must provide for all of 18
the following matters-- 19
(a) the licences the commission may issue for each code of 20
racing, including identifying the activities for which a 21
licence is required; 22
(b) the way a person may apply for a licence, having regard 23
to section 68; 24
(c) the criteria for each type of licence, including 25
appropriate qualifications for, and disqualifications 26
from, obtaining the licence; 27
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[s 66]
(d) the way the commission will deal with an application 1
for a licence, including the applicant's right to make 2
further submissions relating to the application; 3
(e) the grant, issue and form of a licence, including, for 4
example, whether the licence is to include a photograph 5
of the licensee; 6
(f) the giving of an information notice about a decision 7
relating to an application; 8
(g) the duration of a licence, its renewal and the procedure 9
for surrendering it; 10
(h) how and when the suitability of licensed animals, clubs, 11
participants and venues will be audited to decide if a 12
licensed animal, club, participant or venue continues to 13
be suitable to be licensed; 14
(i) the grounds for taking disciplinary action relating to a 15
licence in relation to matters dealt with in the rules of 16
racing for the code of racing for which the licence is 17
issued or as mentioned in subsection (3); 18
(j) when and how a licence may be immediately suspended 19
to protect the safety of persons or welfare of animals; 20
(k) how disciplinary action relating to a licence, other than 21
immediate suspension, must be taken, including the 22
following-- 23
(i) the procedure for giving a licence holder notice of 24
the grounds for taking the disciplinary action; 25
(ii) the proposed action; 26
(iii) the way the licence holder may make submissions 27
about the proposed action; 28
(l) keeping a register of licences and correcting the register; 29
(m) exhibiting and producing a licence; 30
(n) replacing a lost licence; 31
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(o) requiring a licence holder to give the commission notice 1
of-- 2
(i) a change of address; or 3
(ii) a change to the place for the keeping of a licensed 4
animal; or 5
(iii) if the licence holder is a corporation--a change to 6
the corporation's executive officers; 7
(p) serving notices on licence holders. 8
(2) The standard for a licensing scheme relating to licensed clubs 9
must provide that when auditing a licensed club, the 10
commission must have regard to the following matters for a 11
period stated in the standard-- 12
(a) the number of race meetings allotted to the licensed 13
club; 14
(b) the number of races held at each race meeting; 15
(c) the number of licensed animals in each race. 16
(3) The standard for a licensing scheme relating to licensed 17
animals, clubs, participants and venues must provide that, 18
after auditing a licensed animal, club, participant or venue, if 19
the commission is not satisfied it is suitable to continue to be 20
licensed, the commission must take disciplinary action 21
relating to the licence. 22
(4) This section does not limit section 65. 23
67 Standards for a licensing scheme--discretionary matters 24
(1) The standard for a licensing scheme may provide for the 25
following matters-- 26
(a) whether an applicant for a licence is required to give 27
notice about the application by advertisement in a 28
newspaper, in another publication or by a sign placed on 29
land, because of the particular nature of the licence; 30
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[s 68]
(b) whether there is provision for provisional or temporary 1
licences; 2
(c) the attaching of conditions to the grant of a licence, 3
including, for example, that the licence may allow 4
access to the licence holder's place of business or where 5
a licensed animal is kept. 6
(2) The standard for a licensing scheme may also provide for 7
matters relating to an offcourse approval held by a racing 8
bookmaker that are relevant to an effective licensing scheme. 9
(3) This section does not limit section 65. 10
68 Application for licence 11
(1) The standard for a licensing scheme must require a person 12
who wishes to obtain a licence for an animal, club, participant 13
or venue (the proposed licensee) to apply for the licence in the 14
approved form. 15
(2) To the extent it is relevant to the application for the licence, 16
the application must include all of the following-- 17
(a) the type of licence applied for; 18
(b) the type of work or activity to be performed by the 19
proposed licensee; 20
(c) particulars of the proposed licensee; 21
(d) if the proposed licensee is an individual--appropriate 22
training courses completed, or appropriate experience 23
obtained, by the proposed licensee. 24
(3) The standard for a licensing scheme relating to the licensing 25
of a club must provide for all of the following-- 26
(a) for the club's application to be accompanied by a copy 27
of a national police certificate for each executive officer 28
of the applicant; 29
(b) the application can not be granted if an executive officer 30
of the applicant has a conviction for any of the 31
following, other than a spent conviction-- 32
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[s 69]
(i) an offence against this Act, the Racing Act or the 1
repealed Racing and Betting Act 1980; 2
(ii) an indictable offence, or a summary offence that 3
involved dishonesty, fraud, stealing or unlawful 4
betting, under any other Act or repealed Act; 5
(iii) an offence against a law of another State, that is 6
prescribed by regulation as a law about racing or 7
betting; 8
(c) the extent to which the commission must have regard to 9
another conviction stated on the national police 10
certificate other than a conviction mentioned in 11
paragraph (b). 12
(4) The standard for a licensing scheme may require an 13
application for a licence, other than a licence for a club, to be 14
accompanied by a copy of a national police certificate for-- 15
(a) if the applicant is an individual--the individual; or 16
(b) if the applicant is a corporation--each executive officer 17
of the corporation. 18
(5) If a national police certificate is required under subsection (4), 19
the commission may consider all convictions stated in the 20
national police certificate as relevant to the application for the 21
licence. 22
(6) In this section-- 23
national police certificate means a document known as a 24
national police certificate and available from the police 25
commissioner. 26
69 Licences may not be transferred 27
The standard for a licensing scheme must not allow a person 28
who is licensed to transfer the licence to another person. 29
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Part 3 Disciplinary action taken against licensed clubs
[s 70]
Division 3 Other matters about policies 1
70 Same animal, participant or venue may be licensed for 2
multiple codes of racing 3
This Act does not prevent an animal, participant or venue 4
licensed for a code of racing being licensed for another code 5
of racing. 6
Part 3 Disciplinary action taken 7
against licensed clubs 8
71 Grounds for cancellation or suspension 9
(1) Each of the following is a ground for cancelling or suspending 10
a licensed club's licence-- 11
(a) the club is not complying, or has not complied, with a 12
direction of the commission, or a control body direction 13
under the Racing Act, given to the club; 14
Note-- 15
See, however, section 15. 16
(b) a ground that another provision of this Act states is a 17
ground for cancelling or suspending a licensed club's 18
licence; 19
Note-- 20
See section 78. 21
(c) for a non-proprietary club--the club contravened the 22
Racing Act, section 112 or 113. 23
(2) Subsection (1) does not limit the grounds that, under the rules 24
of racing for a code of racing about disciplinary action, may 25
be grounds for taking disciplinary action relating to a licensed 26
club's licence. 27
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[s 72]
(3) In this section-- 1
non-proprietary club means a club with a constitution that 2
does both of the following-- 3
(a) provides for the application of all of the club's profits 4
and other income to the promotion of the club's objects; 5
(b) prohibits the payment of dividends to the members of 6
the club. 7
72 Show cause notice 8
(1) If the commission reasonably believes a ground exists to 9
cancel or suspend a licensed club's licence as mentioned in 10
section 71(1), the commission must, subject to section 11
75(1)(a), give the club a notice (a show cause notice). 12
(2) The show cause notice must state the each of the following-- 13
(a) the action the commission proposes taking under this 14
part (the proposed action); 15
(b) the grounds for the proposed action; 16
(c) an outline of the facts and circumstances forming the 17
basis for the grounds; 18
(d) if the proposed action is to suspend the licence--the 19
proposed suspension period; 20
(e) an invitation to the club to show within a stated period 21
(the show cause period) why the proposed action should 22
not be taken. 23
(3) The show cause period must end at least 28 days after the club 24
is given the show cause notice. 25
73 Submissions about show cause notice 26
(1) The licensed club may, in the show cause period, make 27
submissions to the commission about the show cause notice. 28
(2) The commission must consider the submissions. 29
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[s 74]
74 Immediate suspension of licensed club's licence 1
(1) The commission may suspend the licensed club's licence 2
immediately if the commission reasonably believes-- 3
(a) a ground exists to cancel or suspend the licence; and 4
(b) the circumstances are so extraordinary that it is 5
imperative to suspend the licence immediately to 6
ensure-- 7
(i) the public interest is not affected in an adverse and 8
material way; or 9
(ii) the conduct of racing by the club is not jeopardised 10
in a material way. 11
(2) The suspension-- 12
(a) can be effected only by the commission giving the club 13
an information notice about the decision to suspend its 14
licence, together with a show cause notice; and 15
(b) operates immediately the information notice is given to 16
the club; and 17
(c) continues to operate until the show cause notice is 18
finally dealt with. 19
75 Censuring licensed club 20
(1) The commission may censure a licensed club if the 21
commission-- 22
(a) reasonably believes a ground exists to cancel or suspend 23
the club's licence but does not believe that giving a show 24
cause notice to the club is warranted; or 25
(b) after considering the submissions for a show cause 26
notice, still believes a ground exists to cancel or suspend 27
the licensed club's licence but does not believe its 28
cancellation or suspension is warranted. 29
(2) The censure can be effected only by the commission giving 30
the club an information notice about the decision to censure it. 31
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[s 76]
76 Direction to licensed club to rectify matter 1
(1) This section applies if, after considering the submissions for a 2
show cause notice, the commission-- 3
(a) still believes a ground exists to cancel or suspend the 4
licensed club's licence; and 5
(b) reasonably believes a matter relating to the ground to 6
cancel or suspend the licence is capable of being 7
rectified and it is appropriate to give the club an 8
opportunity to rectify the matter. 9
(2) The commission may direct the club to rectify the matter. 10
(3) The direction can be effected only by the commission giving 11
the club an information notice about the decision to give the 12
direction to it, including the period for rectifying the matter. 13
(4) The period stated in the information notice must be reasonable 14
having regard to the nature of the matter to be rectified. 15
(5) A licensed club must comply with a direction under this 16
section within the period for rectifying the matter stated in the 17
information notice, unless it has a reasonable excuse. 18
Maximum penalty--400 penalty units. 19
(6) The licensed club can not be prosecuted, or have its licence 20
cancelled or suspended, for the ground giving rise to the 21
information notice unless the club-- 22
(a) fails to comply with the notice within the period stated 23
in the notice as the period for rectifying the matter; and 24
(b) does not have a reasonable excuse for failing to comply 25
with the notice. 26
(7) The commission's power to give a direction to a licensed club 27
under another provision of this Act is not limited by the 28
commission's power to give a direction under this section. 29
77 Cancellation or suspension 30
(1) Subject to section 76(6), this section applies if-- 31
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Racing Integrity Bill 2015
Chapter 3 Commission's functions in relation to codes of racing and licensed clubs
Part 3 Disciplinary action taken against licensed clubs
[s 77]
(a) there are no submissions for a show cause notice; or 1
(b) after considering the submissions for a show cause 2
notice, the commission still believes the ground exists to 3
cancel or suspend the licensed club's licence. 4
(2) The commission may-- 5
(a) if the proposed action was to cancel the licence-- 6
(i) cancel the licence; or 7
(ii) suspend the licence for a period; or 8
(b) if the proposed action was to suspend the 9
licence--suspend the licence for a period not longer 10
than the proposed suspension period. 11
(3) If the commission decides to take action under subsection (2), 12
the commission must immediately give the licensed club an 13
information notice about the decision. 14
(4) If the decision is that the licence is cancelled or suspended, 15
the information notice must include a direction to the club to 16
return the licence to the commission, within 14 days after 17
receiving the notice, for relevant action by the commission. 18
(5) The decision takes effect on the later of the following-- 19
(a) the day the licensed club is given the information notice; 20
(b) the day of effect stated in the information notice. 21
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Racing Integrity Bill 2015
Chapter 3 Commission's functions in relation to codes of racing and licensed clubs
Part 4 Other provisions applying to licensed clubs
[s 78]
Part 4 Other provisions applying to 1
licensed clubs 2
78 Contravention by licensed club constitutes a ground for 3
disciplinary action 4
(1) If a licensed club contravenes a provision of this part or an 5
obligation provision, the contravention constitutes a ground 6
for cancelling or suspending the licensed club's licence. 7
(2) For subsection (1), it is immaterial whether the licensed club 8
is prosecuted for an offence constituted by the contravention. 9
(3) This part and an obligation provision do not limit the matters 10
that the standard about the licensing scheme for the code of 11
racing that applies to the club may provide is a ground for 12
disciplinary action relating to the licence of the club. 13
(4) In this section-- 14
obligation provision means the Racing Act, section 110, 112, 15
113 or 113AA. 16
79 Licensed club to hold race and betting meeting at 17
licensed venue 18
(1) A licensed club must not hold a contest, contingency or event 19
in which 2 or more animals compete against each other for the 20
purpose of providing a contest, contingency or event on which 21
bets may be made unless-- 22
(a) the contest, contingency or event is held at a licensed 23
venue of the licensed club; and 24
(b) the control body for the code of racing for which the 25
club and venue are licensed is managing the venue at the 26
time; and 27
(c) the commission is exercising control at the venue at the 28
time. 29
Maximum penalty--200 penalty units. 30
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Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for related matters
[s 80]
(2) A licensed club must not hold a meeting at which betting is 1
carried on and at which a race is not held unless-- 2
(a) the meeting is held at a licensed venue of the licensed 3
club; and 4
(b) the control body for the code of racing for which the 5
club and venue are licensed is managing the venue at the 6
time; and 7
(c) the commission is exercising control at the venue at the 8
time. 9
Maximum penalty--200 penalty units. 10
Chapter 4 Racing bookmakers 11
Part 1 Requirements for racing 12
bookmakers' licences and for 13
related matters 14
80 Requirement to hold racing bookmaker's licence or 15
approval 16
(1) A person must not carry on bookmaking for a code of racing 17
at any time at a licensed venue unless-- 18
(a) the person is a racing bookmaker for the code of racing; 19
and 20
(b) the control body for the code of racing is managing the 21
venue at the time; and 22
(c) the commission is exercising control at the venue at the 23
time. 24
Maximum penalty--600 penalty units. 25
(2) A person must not carry on bookmaking at a place unless-- 26
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Racing Integrity Bill 2015
Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for related matters
[s 80]
(a) the person is a racing bookmaker who holds an 1
offcourse approval for carrying on bookmaking at an 2
approved place; and 3
(b) the place is an approved place for the offcourse 4
approval. 5
Maximum penalty--600 penalty units. 6
(3) A racing bookmaker for a code of racing who is an individual 7
must, unless the individual has a reasonable excuse, have the 8
individual's licence with the individual at all times the 9
individual is carrying on bookmaking at a licensed venue 10
when-- 11
(a) the control body for the code of racing is managing the 12
venue; and 13
(b) the commission is exercising control at the venue. 14
Maximum penalty--40 penalty units. 15
(4) A racing bookmaker who is an individual and holds an 16
offcourse approval for carrying on bookmaking at an 17
approved place must have the individual's approval with the 18
individual at all times the individual is carrying on 19
bookmaking at the approved place, unless the individual has a 20
reasonable excuse. 21
Maximum penalty--40 penalty units. 22
(5) A licensed executive officer of a corporation that is a racing 23
bookmaker for a code of racing must, unless the officer has a 24
reasonable excuse, have the corporation's licence, or a 25
certified copy of the corporation's licence, with the officer at 26
all times the officer is carrying on bookmaking for the 27
corporation at a licensed venue when-- 28
(a) the control body for the code of racing is managing the 29
venue; and 30
(b) the commission is exercising control at the venue. 31
Maximum penalty--40 penalty units. 32
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Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for related matters
[s 81]
(6) A licensed executive officer of a corporation that is a racing 1
bookmaker and holds an offcourse approval for carrying on 2
bookmaking at an approved place must have the corporation's 3
approval, or a certified copy of the corporation's approval, 4
with the officer at all times the officer is carrying on 5
bookmaking for the corporation at the approved place, unless 6
the officer has a reasonable excuse. 7
Maximum penalty--40 penalty units. 8
81 Requirement for racing bookmaker to hire licensed clerk 9
(1) A racing bookmaker for a code of racing must not, at a 10
licensed venue, employ someone else in the conduct of the 11
racing bookmaker's business unless-- 12
(a) the other person is a racing bookmaker's clerk; and 13
(b) the control body for the code of racing is managing the 14
venue at the time; and 15
(c) the commission is exercising control at the venue at the 16
time. 17
Maximum penalty--200 penalty units. 18
(2) A racing bookmaker for a code of racing who holds an 19
offcourse approval for carrying on bookmaking at an 20
approved place must not, at the approved place, employ 21
someone else in the conduct of the racing bookmaker's 22
business unless the other person is a racing bookmaker's clerk 23
for that code of racing. 24
Maximum penalty--200 penalty units. 25
(3) A racing bookmaker that is a corporation does not commit an 26
offence against subsection (1) or (2) merely because a 27
licensed executive officer of the corporation carries on 28
bookmaking for the corporation. 29
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Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for related matters
[s 82]
82 Requirement to hold licence as racing bookmaker's clerk 1
(1) A person must not be employed by a racing bookmaker for a 2
code of racing at a licensed venue in the conduct of the racing 3
bookmaker's business unless the person-- 4
(a) is a racing bookmaker's clerk for the code of racing; or 5
(b) if the racing bookmaker is a corporation--is a licensed 6
executive officer of the corporation and carrying on 7
bookmaking for the corporation. 8
Maximum penalty--200 penalty units. 9
(2) A person must not be employed by a bookmaker for a code of 10
racing who holds an offcourse approval for carrying on 11
bookmaking at an approved place in the conduct of the racing 12
bookmaker's business unless the person-- 13
(a) is a racing bookmaker's clerk for the code of racing; or 14
(b) if the racing bookmaker is a corporation--is a licensed 15
executive officer of the corporation and carrying on 16
bookmaking for the corporation. 17
Maximum penalty--200 penalty units. 18
(3) A racing bookmaker's clerk at a licensed venue must have the 19
person's licence with the person at all times the person is 20
employed by a racing bookmaker in the conduct of the racing 21
bookmaker's business at the licensed venue, unless the person 22
has a reasonable excuse. 23
Maximum penalty--40 penalty units. 24
(4) Subsection (5) applies in relation to a racing bookmaker who 25
holds an offcourse approval for carrying on bookmaking at an 26
approved place. 27
(5) A person who is a racing bookmaker's clerk at the approved 28
place must have the person's licence with the person at all 29
times the person is employed by the racing bookmaker in the 30
conduct of the racing bookmaker's business at the approved 31
place, unless the person has a reasonable excuse. 32
Maximum penalty for subsection (5)--40 penalty units. 33
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Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for related matters
[s 83]
83 Requirement to produce licence or approval 1
(1) A racing bookmaker who is an individual and who is, or 2
appears to be, carrying on bookmaking at a licensed venue 3
must produce the person's licence to an official of the 4
commission or of the control body that is managing the venue 5
if asked to do so by the official, unless the person has a 6
reasonable excuse. 7
Maximum penalty--40 penalty units. 8
(2) Subsection (3) applies to a racing bookmaker who-- 9
(a) is an individual; and 10
(b) holds an offcourse approval for carrying on bookmaking 11
at an approved place; and 12
(c) is, or appears to be, carrying on bookmaking at the 13
approved place. 14
(3) The racing bookmaker must produce the person's offcourse 15
approval to an official of the commission if asked to do so by 16
the official, unless the person has a reasonable excuse. 17
Maximum penalty--40 penalty units. 18
(4) A licensed executive officer of a corporation that is a racing 19
bookmaker and who is, or appears to be, carrying on 20
bookmaking for the corporation at a licensed venue must 21
produce the corporation's licence, or a certified copy of the 22
corporation's licence, to an official of the commission or of 23
the control body that is managing the venue if asked to do so 24
by the official, unless the officer has a reasonable excuse. 25
Maximum penalty--40 penalty units. 26
(5) Subsection (6) applies to a licensed executive officer of a 27
corporation that is a racing bookmaker and holds an offcourse 28
approval for carrying on bookmaking at an approved place 29
and who is, or appears to be, carrying on bookmaking for the 30
corporation at the approved place. 31
(6) The executive officer must produce the corporation's 32
approval, or a certified copy of the corporation's approval, to 33
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Racing Integrity Bill 2015
Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for related matters
[s 84]
an official of the commission if asked to do so by the official, 1
unless the officer has a reasonable excuse. 2
Maximum penalty--40 penalty units. 3
(7) A racing bookmaker's clerk who is, or appears to be, 4
employed in the conduct of a racing bookmaker's business at 5
a licensed venue must produce the person's licence to an 6
official of the commission or of the control body that is 7
managing the venue if asked to do so by the official, unless 8
the person has a reasonable excuse. 9
Maximum penalty--40 penalty units. 10
(8) Subsection (9) applies in relation to a racing bookmaker who 11
holds an offcourse approval for carrying on bookmaking at an 12
approved place. 13
(9) A racing bookmaker's clerk who is, or appears to be, 14
employed in the conduct of the racing bookmaker's business 15
at the approved place must produce the person's licence to an 16
official of the commission if asked to do so by the official, 17
unless the person has a reasonable excuse. 18
Maximum penalty for subsection (9)--40 penalty units. 19
84 Requirement for commission to ensure particular 20
persons have current licences 21
The commission must ensure that, unless a person has a 22
current appropriate licence with the person at the time, the 23
person is not permitted, at any time, to carry on bookmaking 24
for a code of racing, or to be employed by a racing bookmaker 25
for a code of racing in the conduct of a racing bookmaker's 26
business, at a race meeting held at a licensed venue when-- 27
(a) the control body for the code of racing is managing the 28
venue; and 29
(b) the commission is exercising control at the venue. 30
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Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for related matters
[s 85]
85 Unlawful bookmaking by racing bookmaker 1
(1) A racing bookmaker for a code of racing must not carry on 2
bookmaking at a place unless-- 3
(a) when the racing bookmaker carries on the bookmaking, 4
the place is a licensed venue managed by the control 5
body for the code of racing and at which the 6
commission is exercising control; and 7
(b) at the place when the racing bookmaker is carrying on 8
bookmaking-- 9
(i) a race meeting is being held under this Act; and 10
(ii) betting with racing bookmakers may take place, 11
under a direction given by the steward who is in 12
charge of the race meeting. 13
Maximum penalty--600 penalty units or 2 years 14
imprisonment. 15
(2) However, a racing bookmaker does not commit an offence 16
against subsection (1) if-- 17
(a) the racing bookmaker holds an offcourse approval for 18
carrying on bookmaking at an approved place; and 19
(b) the place where the racing bookmaker carries on 20
bookmaking is an approved place for the offcourse 21
approval; and 22
(c) the bookmaking is carried on at the place at a time 23
permitted under the offcourse approval. 24
86 Requirements for betting by racing bookmakers 25
(1) This section applies to a racing bookmaker at a race meeting 26
held at a licensed venue (the first venue) when-- 27
(a) a control body (the first control body) is managing the 28
venue; and 29
(b) the commission is exercising control at the venue. 30
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Chapter 4 Racing bookmakers
Part 1 Requirements for racing bookmakers' licences and for related matters
[s 87]
(2) The racing bookmaker must not make a bet on a contest, 1
contingency or event other than-- 2
(a) a race to be decided at the first venue; or 3
(b) a race to be decided at another race meeting at another 4
licensed venue managed by a control body and at which 5
the commission is exercising control; or 6
(c) a sporting contingency declared, under section 158, by 7
the first control body as a declared sporting 8
contingency; or 9
(d) a contest, contingency or event at a meeting for the 10
racing of animals held outside Queensland that is 11
managed by an entity with which the first control body 12
has entered into an arrangement as mentioned in the 13
Racing Act, section 34(2)(k) and at which the 14
commission is exercising control. 15
Maximum penalty--400 penalty units. 16
(3) Subject to section 152, the racing bookmaker must not make a 17
bet with a person who is not present at the first venue at the 18
time the bet is made. 19
Maximum penalty--400 penalty units. 20
87 Special requirements for betting by racing bookmaker 21
who holds offcourse approval 22
A racing bookmaker for a code of racing who holds an 23
offcourse approval must not make a bet on a contest, 24
contingency or event other than-- 25
(a) a race to be decided at a race meeting at a licensed venue 26
managed by the control body for the code of racing and 27
at which the commission is exercising control; or 28
(b) a sporting contingency declared, under section 158, by 29
the control body for that code of racing as a declared 30
sporting contingency; or 31
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Racing Integrity Bill 2015
Chapter 4 Racing bookmakers
Part 2 Licensing of persons as racing bookmakers
[s 88]
(c) a contest, contingency or event at a meeting for the 1
racing of animals held outside Queensland that is 2
managed by an entity with which the control body for 3
the code of racing has entered into an arrangement as 4
mentioned in the Racing Act, section 34(2)(k) and at 5
which the commission is exercising control. 6
Maximum penalty--400 penalty units. 7
Part 2 Licensing of persons as racing 8
bookmakers 9
88 Applicant for racing bookmaker's licence to hold 10
eligibility certificate 11
An applicant for a racing bookmaker's licence must be a 12
certificate holder. 13
89 What corporate licence must include 14
(1) This section applies to a racing bookmaker's licence for a 15
corporation. 16
(2) The licence must state the name of each executive officer of 17
the corporation who may carry on bookmaking for the 18
corporation under the licence. 19
(3) The commission must not, under subsection (2), state an 20
executive officer's name in the licence unless the executive 21
officer-- 22
(a) is identified under section 105(2) in the eligibility 23
certificate for the corporation; and 24
(b) is a person whom the commission reasonably believes 25
has the experience and knowledge necessary to properly 26
carry on bookmaking for the corporation under the 27
licence. 28
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Racing Integrity Bill 2015
Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 90]
Part 3 Eligibility certificates 1
Division 1 Suitability of applicants and 2
business and executive associates 3
90 Suitability of applicants for eligibility certificate 4
(1) This section applies to the gaming executive in deciding 5
whether an applicant for an eligibility certificate is a suitable 6
person to hold an eligibility certificate. 7
(2) The gaming executive may have regard to all of the following 8
matters-- 9
(a) the applicant's character or business reputation; 10
(b) the applicant's current financial position and financial 11
background; 12
(c) if the applicant has a business association with another 13
entity-- 14
(i) the other entity's character or business reputation; 15
and 16
(ii) the other entity's current financial position and 17
financial background; 18
(d) if the applicant is a corporation--the persons who have 19
a substantial holding in the applicant, or in a corporation 20
that is a holding company of the applicant. 21
Note-- 22
See also section 98(2) which provides that an applicant for an eligibility 23
certificate is not a suitable person to hold an eligibility certificate if the 24
applicant, or a business associate or executive associate of the applicant, 25
is an identified participant in a criminal organisation. 26
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Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 91]
91 Suitability of associates 1
(1) This section applies to the gaming executive in deciding 2
whether a business associate or executive associate of an 3
applicant for an eligibility certificate is a suitable person to be 4
associated with the applicant. 5
(2) The gaming executive may have regard to all of the following 6
matters-- 7
(a) the associate's character or business reputation; 8
(b) the associate's current financial position and financial 9
background; 10
(c) if the associate has a business association with another 11
entity-- 12
(i) the other entity's character or business reputation; 13
and 14
(ii) the other entity's current financial position and 15
financial background; 16
(d) if the associate is a corporation--the persons who have a 17
substantial holding in the associate, or in a corporation 18
that is a holding company of the associate. 19
92 Other matters about suitability 20
Sections 90 and 91 do not limit the matters the gaming 21
executive may have regard to in deciding matters to which the 22
sections relate. 23
Division 2 Applications for, and issue of, 24
eligibility certificates 25
93 Application for eligibility certificate 26
An application for an eligibility certificate may be made only 27
by an adult or a corporation. 28
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Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 94]
94 Requirements about applications 1
(1) An application for an eligibility certificate must be-- 2
(a) made to the gaming executive; and 3
(b) in the gaming executive form. 4
(2) The application must be accompanied by-- 5
(a) the application fee prescribed by regulation; and 6
(b) if the applicant is an individual--a consent, in the 7
gaming executive form, signed by the individual for the 8
following-- 9
(i) the individual's fingerprints to be taken for the 10
gaming executive; 11
(ii) information about the individual to be obtained by 12
the gaming executive; 13
(iii) the individual's background to be investigated by 14
the gaming executive; and 15
(c) if the applicant is a corporation--a consent, in the 16
gaming executive form, signed by each person the 17
applicant considers is a business associate or executive 18
associate of the corporation for each of the following-- 19
(i) if the associate is an individual--the associate's 20
fingerprints to be taken for the gaming executive; 21
(ii) information about the associate to be obtained by 22
the gaming executive; 23
(iii) the associate's background to be investigated by 24
the gaming executive; and 25
(d) if the applicant is a corporation--the corporation's 26
agreement to obtain a consent of the type mentioned in 27
paragraph (c) for a person whom the gaming executive 28
reasonably believes to be a business associate or 29
executive associate of the corporation but whose consent 30
does not accompany the application. 31
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Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 95]
95 Further information or documents to support application 1
(1) The gaming executive may, by notice given to the applicant, 2
require the applicant to give the gaming executive, within the 3
reasonable period of at least 28 days stated in the notice, 4
further information or a document the gaming executive 5
reasonably requires to decide the application. 6
(2) When making the requirement, the gaming executive must 7
warn the applicant that the application for the eligibility 8
certificate will not be considered further until the requirement 9
is complied with unless the person has a reasonable excuse for 10
the failure to comply. 11
96 Taking fingerprints 12
(1) On receipt of the application, and compliance by the applicant 13
with this part in relation to the application, the gaming 14
executive must-- 15
(a) for an application by an individual--cause the 16
fingerprints to be taken of the applicant; and 17
(b) for an application by a corporation--cause the 18
fingerprints to be taken of each of the business 19
associates and executive associates of the applicant, who 20
is an individual. 21
(2) The gaming executive may also cause the fingerprints to be 22
taken of an individual who has consented, as mentioned in 23
section 94(2)(d), to the individual's fingerprints being taken. 24
(3) However, if the gaming executive is satisfied an individual's 25
fingerprints are already held by the gaming executive, the 26
gaming executive need not cause the individual's fingerprints 27
to be taken under this section. 28
97 Consideration of application 29
(1) The gaming executive must consider the application and 30
either grant or refuse to grant the application. 31
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Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 98]
(2) However, the gaming executive is not required to decide the 1
application if-- 2
(a) the gaming executive has given a person a notice under 3
section 95 or 102 relating to the application requiring 4
the person to give the gaming executive information or a 5
document as stated in the section; and 6
(b) the person has failed, without reasonable excuse, to 7
comply with the requirement within the period stated in 8
the notice. 9
98 Conditions for granting application 10
(1) The gaming executive may grant the application only if the 11
gaming executive is satisfied-- 12
(a) the applicant is a suitable person to hold an eligibility 13
certificate; and 14
(b) each business associate and executive associate of the 15
applicant is a suitable person to be associated with the 16
applicant. 17
(2) An applicant is not a suitable person to hold an eligibility 18
certificate if-- 19
(a) the applicant is an identified participant in a criminal 20
organisation; or 21
(b) a business associate or executive associate of the 22
applicant is-- 23
(i) if the associate is an individual--an identified 24
participant in a criminal organisation; or 25
(ii) if the associate is a corporation--a criminal 26
organisation; or 27
(c) the applicant is an unsuitable corporation. 28
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Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 99]
99 Investigation of suitability of persons 1
(1) The gaming executive may investigate the applicant to help 2
the gaming executive decide whether the applicant is a 3
suitable person to be a certificate holder. 4
(2) The gaming executive may investigate a business associate or 5
executive associate of the applicant to help the gaming 6
executive decide whether the associate is a suitable person to 7
be associated with the applicant. 8
(3) The gaming executive may investigate an executive officer of 9
the holder of an eligibility certificate for the purpose of 10
deciding whether to grant a request made under section 109. 11
100 Information about whether persons are identified 12
participants in criminal organisations 13
(1) The gaming executive must ask the police commissioner if an 14
applicant or certificate holder-- 15
(a) is an identified participant in a criminal organisation; or 16
(b) has a business associate or executive associate who is-- 17
(i) if the associate is an individual--an identified 18
participant in a criminal organisation; or 19
(ii) if the associate is a corporation--a criminal 20
organisation; or 21
(c) if the certificate holder, business associate or executive 22
associate is a corporation--is an unsuitable corporation. 23
(2) The police commissioner must give the gaming executive the 24
information requested under subsection (1). 25
(3) The gaming executive may use the advice given by the police 26
commissioner only for-- 27
(a) deciding an application for an eligibility certificate; or 28
(b) deciding whether an eligibility certificate should be 29
cancelled. 30
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Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 101]
101 Criminal history reports for investigations 1
(1) If the gaming executive, in investigating a person under 2
section 99, asks the police commissioner for a written report 3
on the person's criminal history, the commissioner must give 4
the report to the gaming executive. 5
(2) The report is to contain-- 6
(a) the person's criminal history; and 7
(b) a brief description of the circumstances of a conviction 8
mentioned in the person's criminal history. 9
(3) However, the duty imposed on the commissioner applies only 10
to information in the commissioner's possession or to which 11
the commissioner has access. 12
102 Requirement of associate to give information or 13
document for investigation 14
(1) In investigating a business associate or executive associate of 15
an applicant, the gaming executive may, by notice given to the 16
associate, require the associate to give the gaming executive, 17
within the reasonable period of at least 28 days stated in the 18
notice, information or a document the gaming executive 19
reasonably believes is relevant to the investigation. 20
(2) When making the requirement, the gaming executive must-- 21
(a) warn the associate that the application for the eligibility 22
certificate will not be considered further until the 23
requirement is complied with; and 24
(b) give a copy of the notice to the applicant. 25
103 Requirement of commission to give information or 26
document for investigation 27
In investigating an applicant, or a business associate or 28
executive associate of an applicant, the gaming executive may, 29
by notice given to the commission, require the commission to 30
give the gaming executive, within the reasonable period of at 31
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Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 104]
least 28 days stated in the notice, information or a document 1
the gaming executive reasonably believes is relevant to the 2
investigation. 3
104 Decision on application 4
(1) If the gaming executive grants an application for an eligibility 5
certificate, the gaming executive must give the applicant the 6
certificate. 7
(2) If the gaming executive refuses to grant an application for an 8
eligibility certificate, the gaming executive must give the 9
applicant an information notice about the decision. 10
(3) The Acts Interpretation Act 1954, section 27B, does not apply 11
to the information notice to the extent to which the decision is 12
the result of advice given by the police commissioner to the 13
gaming executive under section 100. 14
105 Form of eligibility certificate 15
(1) An eligibility certificate is to be in the gaming executive form. 16
(2) An eligibility certificate for a corporation must identify the 17
corporation's executive officers who have been investigated 18
by the gaming executive and have been found suitable to be 19
associated with the certificate holder. 20
106 Period for which eligibility certificate has effect 21
An eligibility certificate continues to have effect until the 22
earliest of the following happens-- 23
(a) the certificate lapses under section 107(3); 24
(b) the certificate is cancelled under section 123; 25
(c) a surrender of the certificate takes effect under section 26
128. 27
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Chapter 4 Racing bookmakers
Part 3 Eligibility certificates
[s 107]
107 Day by which certificate holder must apply for racing 1
bookmaker's licence 2
(1) An eligibility certificate must state the day by which the 3
certificate holder stated in the certificate must apply for a 4
licence as a racing bookmaker. 5
(2) The day must be at least 2 months after the day the certificate 6
is given to the certificate holder. 7
(3) If the certificate holder does not apply to the commission for a 8
racing bookmaker's licence before the day stated in the 9
certificate, the certificate lapses at the end of the day stated in 10
the certificate. 11
108 Corporate certificate holder must advise gaming 12
executive of change in executive officers or persons with 13
substantial holdings 14
(1) This section applies to a certificate holder that is a 15
corporation. 16
(2) Within 14 days after either of the following changes, the 17
certificate holder must give the gaming executive notice of the 18
change-- 19
(a) a change to the persons who are executive officers of the 20
corporation; 21
(b) a change to the persons who have substantial holdings in 22
the corporation, or a holding company of the 23
corporation. 24
Maximum penalty--100 penalty units. 25
109 Gaming executive may amend eligibility certificate to 26
show change in executive officers 27
(1) This section applies if a certificate holder has given the 28
gaming executive notice under section 108(2)(a) and asks the 29
gaming executive to amend the eligibility certificate to omit or 30
include an executive officer as a person who has been 31
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investigated by the gaming executive and been found suitable 1
to be associated with the certificate holder. 2
(2) The gaming executive may comply with the request. 3
(3) However, the gaming executive must not include the name of 4
an executive officer in the certificate unless the gaming 5
executive has investigated the executive officer and found the 6
person to be suitable to be associated with the certificate 7
holder. 8
Division 3 Investigations of certificate holders 9
and their business and executive 10
associates 11
110 Audit program 12
(1) The gaming executive may approve an audit program for 13
investigating certificate holders, and the business associates 14
and executive associates of certificate holders. 15
(2) The gaming executive is responsible for ensuring that 16
investigations of certificate holders, and business associates 17
and executive associates of certificate holders, are conducted 18
under the audit program. 19
(3) A person may be investigated under an audit program only if 20
there has not been an investigation of the person within the 21
preceding 3 years. 22
111 Investigations into suitability of certificate holder 23
(1) The gaming executive may investigate a certificate holder to 24
find out whether the certificate holder is a suitable person to 25
hold, or to continue to hold, an eligibility certificate. 26
(2) Subject to subsection (3), the gaming executive may 27
investigate the certificate holder under this section only if-- 28
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(a) the gaming executive reasonably suspects the certificate 1
holder is not, or is no longer, a suitable person to hold an 2
eligibility certificate; or 3
(b) the investigation is made under an audit program 4
approved by the gaming executive. 5
(3) The gaming executive may, at any time, ask the police 6
commissioner whether the certificate holder-- 7
(a) is an identified participant in a criminal organisation; or 8
(b) has a business associate or executive associate who is-- 9
(i) if the associate is an individual--an identified 10
participant in a criminal organisation; or 11
(ii) if the associate is a corporation--a criminal 12
organisation; or 13
(c) if the certificate holder, business associate or executive 14
associate is a corporation--is an unsuitable corporation. 15
(4) The police commissioner must give the gaming executive the 16
information requested under subsection (3). 17
(5) The gaming executive may use the advice given by the police 18
commissioner only for deciding whether an eligibility 19
certificate should be cancelled. 20
112 Investigation into suitability of associate of certificate 21
holder 22
(1) The gaming executive may investigate a business associate or 23
executive associate of a certificate holder to decide whether 24
the associate is a suitable person to be, or to continue to be, 25
associated with the certificate holder's operations. 26
(2) Subject to subsection (3), the gaming executive may 27
investigate a business associate or executive associate of a 28
certificate holder under this section only if-- 29
(a) the gaming executive reasonably suspects the associate 30
is not, or is no longer, a suitable person to be associated 31
with a certificate holder's operations; or 32
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(b) the investigation is part of an investigation under this 1
division of the certificate holder in relation to whom the 2
associate is a business associate or executive associate; 3
or 4
(c) the investigation is made under an audit program 5
approved by the gaming executive; or 6
(d) the person-- 7
(i) became a business associate or executive associate 8
of the certificate holder after the issue of the 9
eligibility certificate to the certificate holder; or 10
(ii) has not been investigated previously under an audit 11
program mentioned in paragraph (c). 12
(3) The gaming executive may, at any time, ask the police 13
commissioner whether a business associate or executive 14
associate of a certificate holder-- 15
(a) is an identified participant in a criminal organisation; or 16
(b) has a business associate or executive associate who is-- 17
(i) if the associate is an individual--an identified 18
participant in a criminal organisation; or 19
(ii) if the associate is a corporation--a criminal 20
organisation; or 21
(c) if the certificate holder, business associate or executive 22
associate is a corporation--is an unsuitable corporation. 23
(4) The police commissioner must give the gaming executive the 24
information requested under subsection (3). 25
(5) The gaming executive may use the advice given by the police 26
commissioner only for deciding whether an eligibility 27
certificate should be cancelled. 28
113 Criminal history report for investigation 29
(1) If the gaming executive in investigating a person under section 30
111 or 112 asks the police commissioner for a written report 31
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on the person's criminal history, the commissioner must give 1
the report to the gaming executive. 2
(2) The report is to contain-- 3
(a) the person's criminal history; and 4
(b) a brief description of the circumstances of a conviction 5
mentioned in the person's criminal history. 6
(3) However, the duty imposed on the commissioner applies only 7
to information in the commissioner's possession or to which 8
the commissioner has access. 9
114 Requirement to give information or document for 10
investigation 11
(1) In investigating a certificate holder, or a business associate or 12
executive associate of a certificate holder, the gaming 13
executive may, by notice given to the person, require the 14
person to give the gaming executive information or a 15
document the gaming executive reasonably believes relevant 16
to the investigation. 17
(2) The notice must state a reasonable period of at least 28 days 18
within which the person must comply with the requirement. 19
(3) When making the requirement, the gaming executive must 20
warn the person it is an offence to fail to comply with the 21
requirement, unless the person has a reasonable excuse. 22
115 Failure to give information or document for investigation 23
(1) A person of whom a requirement is made under section 114 24
must comply with the requirement, unless the person has a 25
reasonable excuse. 26
Maximum penalty--200 penalty units. 27
(2) If the person is an individual, it is a reasonable excuse for the 28
person not to comply with the requirement if complying with 29
the requirement might tend to incriminate the person. 30
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(3) The person does not commit an offence against this section if 1
the information or document sought by the gaming executive 2
is not in fact relevant to the investigation. 3
116 Gaming executive may require commission to give 4
information or document for investigation 5
(1) As part of an investigation under this division, the gaming 6
executive may, by notice given to the commission, require the 7
commission to give the gaming executive information or a 8
document the gaming executive reasonably believes is 9
relevant to the investigation. 10
(2) The notice must state a reasonable period of at least 28 days 11
within which the commission must comply with the 12
requirement. 13
Division 4 Cancellation of eligibility 14
certificates 15
117 Grounds for cancellation 16
(1) A ground for cancelling an eligibility certificate exists if the 17
certificate holder-- 18
(a) is not a suitable person to hold an eligibility certificate; 19
or 20
(b) is convicted for an offence against-- 21
(i) this Act or the Racing Act; or 22
(ii) a law of another State, that is prescribed by 23
regulation as a law about racing or betting; or 24
(c) is convicted of an indictable offence against another Act 25
or law; or 26
(d) contravenes a provision of this Act, whether or not a 27
penalty is provided for the provision; or 28
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(e) is affected by bankruptcy action; or 1
(f) has a business associate or executive associate who is-- 2
(i) if the associate is an individual--an identified 3
participant in a criminal organisation; or 4
(ii) if the associate is a corporation--a criminal 5
organisation. 6
(2) Also, a ground for cancelling an eligibility certificate exists 7
if-- 8
(a) the commission cancels a racing bookmaker's licence 9
held by the certificate holder; or 10
(b) the eligibility certificate was granted because of a 11
materially false or misleading representation or 12
declaration; or 13
(c) a business associate or executive associate of the 14
certificate holder is not a suitable person to be 15
associated with a certificate holder. 16
118 Immediate cancellation of eligibility certificate 17
(1) The gaming executive must cancel a certificate holder's 18
eligibility certificate if, after the certificate is granted, the 19
gaming executive is advised by the police commissioner that a 20
certificate holder is-- 21
(a) an identified participant in a criminal organisation; or 22
(b) an unsuitable corporation. 23
(2) Immediately after cancelling the eligibility certificate, the 24
gaming executive must give the certificate holder an 25
information notice about the decision to cancel the certificate. 26
(3) The decision takes effect on the day the information notice is 27
given to the certificate holder. 28
(4) The information notice must include-- 29
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(a) a direction to the certificate holder to return the 1
eligibility certificate to the gaming executive within 14 2
days after the cancellation; and 3
(b) a warning to the certificate holder that, without a 4
reasonable excuse, it is an offence to fail to comply with 5
the direction. 6
(5) The Acts Interpretation Act 1954, section 27B, does not apply 7
to the information notice. 8
119 Show cause notice 9
(1) The gaming executive must give a certificate holder a notice 10
(a show cause notice) if the gaming executive reasonably 11
believes-- 12
(a) a ground exists to cancel an eligibility certificate; and 13
(b) the act, omission or other thing forming the ground is of 14
a serious and fundamental nature; and 15
(c) the public interest may be affected in an adverse and 16
material way. 17
(2) The show cause notice must state the following-- 18
(a) the action (the proposed action) the gaming executive 19
proposes taking under this division; 20
(b) the grounds for the proposed action; 21
(c) an outline of the facts and circumstances forming the 22
basis for the grounds; 23
(d) that the certificate holder may, within a stated period 24
(the show cause period), make submissions to the 25
gaming executive to show why the proposed action 26
should not be taken. 27
(3) The Acts Interpretation Act 1954, section 27B, does not apply 28
to the show cause notice to the extent to which the decision is 29
the result of advice given by the police commissioner to the 30
gaming executive under section 111(4). 31
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(4) The show cause period must end at least 28 days after the 1
certificate holder is given the show cause notice. 2
(5) The certificate holder may, in the show cause period, make 3
submissions to the gaming executive about the show cause 4
notice. 5
120 Involvement of commission in show cause process 6
(1) The gaming executive must immediately give a copy of the 7
show cause notice to the commission. 8
(2) The commission may, in the show cause period, make 9
submissions to the gaming executive about the show cause 10
notice. 11
121 Consideration of submissions 12
The gaming executive must consider all the submissions made 13
in the show cause period by each of the following-- 14
(a) the certificate holder; 15
(b) the commission. 16
122 Ending show cause process without further action 17
If, after considering the submissions for the show cause 18
notice, the gaming executive no longer believes a ground 19
exists to cancel the eligibility certificate, the gaming executive 20
must-- 21
(a) take no further action about the show cause notice; and 22
(b) give to the following a notice that no further action is to 23
be taken-- 24
(i) the certificate holder; 25
(ii) the commission. 26
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123 Cancellation 1
(1) The gaming executive may cancel an eligibility certificate if-- 2
(a) there are no submissions for a show cause notice; or 3
(b) after considering the submissions for a show cause 4
notice, the gaming executive still believes-- 5
(i) a ground exists to cancel the eligibility certificate; 6
and 7
(ii) the act, omission or other thing constituting the 8
ground is of a serious and fundamental nature; and 9
(iii) the public interest may be affected in an adverse 10
and material way. 11
(2) The gaming executive must cancel an eligibility certificate 12
if-- 13
(a) the certificate holder is a corporation; and 14
(b) a show cause notice was given to the corporation 15
because an executive associate or a business associate of 16
the corporation is an identified participant in a criminal 17
organisation; and 18
(c) either-- 19
(i) there are no submissions for the show cause notice; 20
or 21
(ii) submissions were made for the show cause notice, 22
and the gaming executive still believes cancelling 23
the eligibility certificate is warranted. 24
(3) The gaming executive must immediately give the certificate 25
holder an information notice about the decision to cancel the 26
eligibility certificate. 27
(4) The information notice must include-- 28
(a) a direction to the certificate holder to return the 29
eligibility certificate to the gaming executive within 14 30
days after the cancellation; and 31
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(b) a warning to the certificate holder that, without a 1
reasonable excuse, it is an offence to fail to comply with 2
the direction. 3
(5) The decision takes effect on the later of the following-- 4
(a) the day the information notice is given to the certificate 5
holder; 6
(b) the day of effect stated in the information notice. 7
(6) The Acts Interpretation Act 1954, section 27B, does not apply 8
to the information notice to the extent to which the decision is 9
the result of advice given by the police commissioner to the 10
gaming executive under section 111(4). 11
124 Return of cancelled eligibility certificate 12
(1) A person must comply with a direction to the person under 13
section 118(4)(a) or 123(4)(a) unless the person has a 14
reasonable excuse. 15
Maximum penalty--40 penalty units. 16
(2) If a person is unable to comply with subsection (1) because 17
the person's eligibility certificate has been lost or destroyed, 18
the person must, within 14 days after the cancellation, give the 19
gaming executive a statutory declaration stating details of the 20
loss or destruction. 21
Maximum penalty--40 penalty units. 22
(3) A person does not commit an offence against subsection (1) if 23
the person is not given a warning that, without a reasonable 24
excuse, it is an offence to fail to comply with the direction. 25
125 Automatic cancellation of all licences granted to racing 26
bookmakers 27
(1) This section applies if a person's eligibility certificate is 28
cancelled under section 118 or 123 and the person is the 29
holder of a racing bookmaker's licence. 30
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(2) On the cancellation of the eligibility certificate, the licence is 1
cancelled. 2
126 Censuring certificate holder 3
(1) This section applies if the gaming executive-- 4
(a) reasonably believes a ground exists to cancel the 5
eligibility certificate but does not believe that giving a 6
show cause notice is warranted; or 7
(b) after considering the submissions for a show cause 8
notice, still believes a ground exists to cancel the 9
eligibility certificate but does not believe cancellation of 10
the certificate is warranted. 11
(2) However, this section does not apply if the ground that exists 12
to cancel the certificate is that the certificate holder is no 13
longer a suitable person because the holder has a business 14
associate or executive associate who is-- 15
(a) if the associate is an individual--an identified 16
participant in a criminal organisation; or 17
(b) if the associate is a corporation--a criminal 18
organisation. 19
(3) The gaming executive may censure the holder for a matter 20
relating to the ground for cancellation. 21
(4) The censure can be effected only by the gaming executive 22
giving the certificate holder an information notice about the 23
decision to censure the holder. 24
127 Notice of decision 25
(1) This section applies if the gaming executive decides to-- 26
(a) cancel an eligibility certificate under section 118 or 123; 27
or 28
(b) censure the certificate holder under section 126. 29
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(2) The gaming executive must give the commission and each 1
control body notice of the decision. 2
Division 5 Other matters relating to eligibility 3
certificates 4
128 Surrender of eligibility certificate 5
(1) A certificate holder may surrender the holder's eligibility 6
certificate by notice given to the gaming executive. 7
(2) The surrender of an eligibility certificate takes effect-- 8
(a) on the day the notice is given to the gaming executive; 9
or 10
(b) if a later day of effect is stated in the notice--on the later 11
day. 12
(3) The gaming executive must give the commission and each 13
control body notice of the surrender. 14
129 Destruction of fingerprints 15
(1) After the gaming executive refuses to grant an application for 16
an eligibility certificate or an eligibility certificate is 17
surrendered or cancelled, the gaming executive must destroy 18
the fingerprints of any individual who is-- 19
(a) the applicant or certificate holder; or 20
(b) a business associate or executive associate of the 21
applicant or certificate holder. 22
(2) Also, if the gaming executive is reasonably satisfied an 23
individual who was a business associate or executive associate 24
of an applicant or certificate holder is no longer a business 25
associate or executive associate of the applicant or certificate 26
holder, the gaming executive must destroy the individual's 27
fingerprints. 28
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Part 3 Eligibility certificates
[s 130]
Division 6 Review of decisions relating to 1
eligibility certificates 2
130 Review by QCAT of decisions relating to eligibility 3
certificates 4
(1) This section applies if the gaming executive makes a decision 5
(a gaming executive decision)-- 6
(a) refusing an application for an eligibility certificate; or 7
(b) cancelling an eligibility certificate; or 8
(c) censuring a certificate holder. 9
(2) The applicant or certificate holder may apply, as provided 10
under the QCAT Act, to the tribunal for a review of the 11
gaming executive decision. 12
131 Confidentiality of criminal intelligence in proceedings 13
(1) This section applies if a person seeks a review under section 14
130 of a gaming executive decision made because the person 15
is not a suitable person because the person-- 16
(a) is an identified participant in a criminal organisation; or 17
(b) has a business associate or executive associate who is-- 18
(i) if the associate is an individual--an identified 19
participant in a criminal organisation; or 20
(ii) if the associate is a corporation--a criminal 21
organisation; or 22
(c) is an unsuitable corporation. 23
(2) For a proceeding relating to an application for review of the 24
decision by QCAT or a proceeding about the decision in the 25
Supreme Court-- 26
(a) the police commissioner is a party to the proceeding; 27
and 28
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(b) the police commissioner must give QCAT or the 1
Supreme Court a statement of reasons about the 2
identification of the person by the police commissioner 3
as a person mentioned in subsection (1). 4
(3) For a proceeding mentioned in subsection (2), QCAT or the 5
Supreme Court may-- 6
(a) review the identification by the police commissioner of 7
the person as a person mentioned in subsection (1); and 8
(b) as it considers appropriate to protect the confidentiality 9
of criminal intelligence-- 10
(i) receive evidence and hear argument about the 11
criminal intelligence in the absence of parties to 12
the proceeding and their representatives; and 13
(ii) take evidence consisting of criminal intelligence 14
by way of affidavit of a police officer of at least the 15
rank of superintendent. 16
(4) If QCAT or the Supreme Court considers information has 17
been incorrectly categorised by the police commissioner as 18
criminal intelligence, the police commissioner may withdraw 19
the information from consideration by QCAT or the court. 20
(5) Information that is withdrawn under subsection (4) by the 21
police commissioner must not be-- 22
(a) disclosed to any person; or 23
(b) taken into consideration by QCAT or the Supreme 24
Court. 25
(6) In this section-- 26
criminal intelligence means-- 27
(a) advice given by the police commissioner to the gaming 28
executive under section 100 or 112 that a person is-- 29
(i) an identified participant in a criminal organisation; 30
or 31
(ii) a criminal organisation; and 32
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(b) information held by the police commissioner that is 1
relevant to whether the person is a person mentioned in 2
subsection (1). 3
132 Application of Judicial Review Act 1991 4
(1) The Judicial Review Act 1991, part 4 does not apply to a 5
gaming executive decision mentioned in section 131(1). 6
(2) Subject to this division, unless the Supreme Court decides that 7
the decision is affected by jurisdictional error, the decision-- 8
(a) is final and conclusive; and 9
(b) can not be challenged, appealed against, reviewed, 10
quashed, set aside or called in question in any other way, 11
under the Judicial Review Act 1991 or otherwise 12
(whether by the Supreme Court, or another court, a 13
tribunal or another entity); and 14
(c) is not subject to any declaratory, injunctive or other 15
order of the Supreme Court, another court, a tribunal or 16
another entity on any ground. 17
(3) The Judicial Review Act 1991, part 5 applies to the decision 18
mentioned in subsection (2) to the extent it is affected by 19
jurisdictional error. 20
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Part 4 Offcourse approvals for racing bookmakers
[s 133]
Part 4 Offcourse approvals for racing 1
bookmakers 2
Division 1 Applications for, and granting of, 3
offcourse approvals 4
133 Application for offcourse approval 5
(1) A racing bookmaker may apply to the Minister for an 6
approval (an offcourse approval) to carry on bookmaking at a 7
place, other than a licensed venue, using a 8
telecommunications system. 9
(2) The application must be in the approved form and 10
accompanied by each of the following-- 11
(a) details of the place or places (each an approved place), 12
other than a licensed venue, at which the racing 13
bookmaker will carry on bookmaking using a 14
telecommunications system; 15
Example of an approved place-- 16
the racing bookmaker's home or office 17
(b) details of the times during which the racing bookmaker 18
will carry on bookmaking at the place or each of the 19
places mentioned in paragraph (a); 20
(c) details of the number of race meetings, and the licensed 21
venues for the race meetings, at which the racing 22
bookmaker carried on bookmaking in person for the 12 23
months immediately before making the application; 24
(d) details of the number of race meetings, and the licensed 25
venues for the race meetings, at which the racing 26
bookmaker proposes to carry on bookmaking in person 27
for the 12 months immediately after the offcourse 28
approval is granted; 29
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Part 4 Offcourse approvals for racing bookmakers
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(e) if the details mentioned in paragraph (d) differ from 1
those mentioned in paragraph (c)--an explanation for 2
the difference; 3
(f) an undertaking as to the minimum number of race 4
meetings, and the licensed venues for the race meetings, 5
at which the racing bookmaker will carry on 6
bookmaking in person if the offcourse approval applied 7
for is granted; 8
(g) the prescribed fee. 9
134 Further information or documents to support application 10
(1) The Minister may, by notice given to the applicant, require the 11
applicant to give the Minister, within the reasonable period of 12
at least 28 days stated in the notice, further information or a 13
document the Minister reasonably requires to decide the 14
application. 15
(2) The applicant is taken to have withdrawn the application if the 16
applicant does not comply with the notice. 17
135 Requirement of commission to give information or 18
documents relating to application 19
(1) The Minister may, by notice given to the commission, require 20
the commission to give the Minister, within the reasonable 21
period of at least 28 days stated in the notice, information or a 22
document the Minister reasonably considers is relevant to 23
deciding the application. 24
(2) The commission must comply with the notice. 25
136 Consideration of application 26
(1) In considering the application, the Minister must have regard 27
to how often the applicant has undertaken to carry on 28
bookmaking in person at race meetings at licensed venues. 29
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[s 137]
(2) The Minister may, by notice given to the applicant, ask the 1
applicant to review the undertaking that accompanied the 2
application and give the Minister, within the reasonable period 3
of at least 28 days stated in the notice, a revised undertaking. 4
(3) The applicant is taken to have withdrawn the application if the 5
applicant does not comply with the notice. 6
137 Decision on application 7
(1) The Minister must consider the application and decide to-- 8
(a) grant the offcourse approval; or 9
(b) refuse to grant the offcourse approval. 10
(2) A grant of an offcourse approval is subject to the mandatory 11
conditions, and may be subject to other conditions imposed by 12
the Minister. 13
138 What are the conditions of an offcourse approval 14
(1) The conditions of a racing bookmaker's offcourse approval 15
are-- 16
(a) for a racing bookmaker who is an individual--the racing 17
bookmaker must carry on bookmaking in person at a 18
licensed venue in accordance with the accepted 19
undertaking for the offcourse approval; and 20
(b) for a racing bookmaker who is a corporation--the 21
executive officers of the racing bookmaker must carry 22
on bookmaking in person at a licensed venue in 23
accordance with the accepted undertaking for the 24
offcourse approval; and 25
(c) an approved place for the offcourse approval must not 26
be open to, or available for use by, the public; and 27
(d) a condition imposed by the Minister on the offcourse 28
approval when granting the approval. 29
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Part 4 Offcourse approvals for racing bookmakers
[s 139]
(2) A condition mentioned in subsection (1)(a), (b) or (c) is a 1
mandatory condition of the offcourse approval. 2
139 What is the accepted undertaking for an offcourse 3
approval 4
(1) The accepted undertaking for an offcourse approval is-- 5
(a) the undertaking that accompanied the application; or 6
(b) if the Minister asked the applicant under section 136(2) 7
to review the undertaking--the revised undertaking. 8
(2) However, if-- 9
(a) the offcourse approval is granted; and 10
(b) the racing bookmaker who holds the offcourse approval 11
applies to the Minister to vary the accepted undertaking 12
for the offcourse approval; and 13
(c) the Minister varies the accepted undertaking; 14
the undertaking as varied is the accepted undertaking for the 15
offcourse approval. 16
140 Notice of decision on application 17
The Minister must, as soon as practicable after deciding the 18
application, give the applicant and the commission notice of 19
the decision. 20
Division 2 Cancellation of offcourse approval 21
141 Grounds for cancellation 22
Each of the following is a ground for cancelling a racing 23
bookmaker's offcourse approval-- 24
(a) the racing bookmaker has contravened-- 25
(i) a condition of the offcourse approval; or 26
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[s 142]
(ii) the accepted undertaking for the offcourse 1
approval; 2
(b) the offcourse approval was granted because of a 3
materially false or misleading representation or 4
declaration; 5
(c) the racing bookmaker has been convicted of an 6
indictable offence or an offence against this Act or the 7
Racing Act; 8
(d) the racing bookmaker is affected by bankruptcy action. 9
142 Show cause notice 10
(1) The Minister must give the racing bookmaker a notice under 11
this section (a show cause notice) if the Minister reasonably 12
believes-- 13
(a) a ground exists to cancel the offcourse approval; and 14
(b) the act, omission or other thing forming the ground is of 15
a serious and fundamental nature; and 16
(c) the public interest may be affected by the act, omission 17
or other thing in an adverse and material way. 18
(2) The show cause notice must state the following-- 19
(a) the Minister proposes to cancel the offcourse approval; 20
(b) the grounds for the proposed cancellation; 21
(c) an outline of the facts and circumstances forming the 22
basis for the grounds; 23
(d) that the racing bookmaker may, within a stated period 24
(the show cause period), make submissions to the 25
Minister to show why the offcourse approval should not 26
be cancelled. 27
(3) The show cause period must end at least 28 days after the 28
racing bookmaker is given the show cause notice. 29
(4) The racing bookmaker may, in the show cause period, make 30
submissions about the show cause notice to the Minister. 31
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Chapter 4 Racing bookmakers
Part 4 Offcourse approvals for racing bookmakers
[s 143]
143 Involvement of commission in show cause process 1
(1) The Minister must immediately give the commission a copy 2
of the show cause notice. 3
(2) The commission may, in the show cause period, make 4
submissions about the show cause notice to the Minister. 5
144 Consideration of submissions 6
The Minister must consider all submissions made in the show 7
cause period by each of the following-- 8
(a) the racing bookmaker; 9
(b) the commission. 10
145 Ending show cause process without further action 11
If, after considering the submissions for the show cause 12
notice, the Minister no longer believes a ground exists to 13
cancel the offcourse approval, the Minister must-- 14
(a) take no further action about the show cause notice; and 15
(b) give to the following a notice that no further action 16
about the show cause notice is to be taken-- 17
(i) the racing bookmaker; 18
(ii) the commission. 19
146 Cancellation 20
(1) This section applies if, after considering the submissions for 21
the show cause notice, the Minister-- 22
(a) still believes-- 23
(i) a ground exists to cancel the offcourse approval; 24
and 25
(ii) the act, omission or other thing constituting the 26
ground is of a serious and fundamental nature; and 27
Page 101
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Chapter 4 Racing bookmakers
Part 4 Offcourse approvals for racing bookmakers
[s 147]
(iii) the public interest may be affected in an adverse 1
and material way; and 2
(b) believes cancellation of the offcourse approval is 3
warranted. 4
(2) This section also applies if there are no submissions for the 5
show cause notice. 6
(3) The Minister may cancel the offcourse approval. 7
(4) The Minister must immediately give the racing bookmaker an 8
information notice about the decision to cancel the offcourse 9
approval. 10
(5) The notice must include-- 11
(a) a direction to the racing bookmaker to return the 12
offcourse approval to the Minister within 14 days after 13
the cancellation; and 14
(b) a warning to the racing bookmaker that, without a 15
reasonable excuse, it is an offence to fail to comply with 16
the direction. 17
147 Return of cancelled offcourse approval 18
(1) A person must comply with a direction to the person under 19
section 146(5)(a) unless the person has a reasonable excuse. 20
Maximum penalty--40 penalty units. 21
(2) If the person is unable to comply with subsection (1) because 22
the person's offcourse approval has been lost or destroyed, the 23
person must, within 14 days after the cancellation, give the 24
Minister a statutory declaration stating details of the loss or 25
destruction. 26
Maximum penalty--40 penalty units. 27
(3) A person does not commit an offence against subsection (1) if 28
the person is not given a warning that, without a reasonable 29
excuse, it is an offence to fail to comply with the direction. 30
Page 102
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Chapter 4 Racing bookmakers
Part 4 Offcourse approvals for racing bookmakers
[s 148]
148 Automatic cancellation or suspension of offcourse 1
approval 2
(1) Subsection (2) applies if-- 3
(a) a person's eligibility certificate or racing bookmaker's 4
licence is cancelled; and 5
(b) the person is the holder of an offcourse approval. 6
(2) On the cancellation of the eligibility certificate or licence, the 7
offcourse approval is cancelled. 8
(3) Subsection (4) applies if-- 9
(a) a person's eligibility certificate or racing bookmaker's 10
licence is suspended; and 11
(b) the person is the holder of an offcourse approval. 12
(4) On the suspension of the eligibility certificate or licence, the 13
offcourse approval is suspended. 14
149 Censuring racing bookmaker 15
(1) This section applies if the Minister reasonably believes-- 16
(a) a ground exists to cancel the offcourse approval; but 17
(b) the giving of a show cause notice is not warranted. 18
(2) The Minister may censure the racing bookmaker for a matter 19
relating to the ground for cancellation. 20
(3) The censure can be effected only by the Minister giving the 21
racing bookmaker an information notice about the decision to 22
censure the racing bookmaker. 23
150 Notice to commission of decisions 24
(1) This section applies if the Minister decides to-- 25
(a) cancel an offcourse approval under section 146; or 26
(b) censure the racing bookmaker under section 149. 27
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Chapter 4 Racing bookmakers
Part 4 Offcourse approvals for racing bookmakers
[s 151]
(2) The Minister must give the commission and each control body 1
notice of the decision. 2
Division 3 Immediate suspension of offcourse 3
approval 4
151 Immediate suspension of offcourse approval 5
(1) The Minister may suspend immediately an offcourse approval 6
of a racing bookmaker if the Minister reasonably believes-- 7
(a) a ground exists to cancel the offcourse approval; and 8
(b) the circumstances are so extraordinary that it is 9
imperative to suspend the offcourse approval 10
immediately to ensure the public interest in a code of 11
racing is not adversely affected. 12
(2) The suspension-- 13
(a) can be effected only by the Minister giving the racing 14
bookmaker an information notice about the decision to 15
suspend the offcourse approval, together with a show 16
cause notice; and 17
(b) operates immediately the information notice is given to 18
the racing bookmaker; and 19
(c) continues to operate until the show cause notice is 20
finally dealt with. 21
Page 104
Racing Integrity Bill 2015
Chapter 4 Racing bookmakers
Part 5 Other provisions about racing bookmakers
[s 152]
Part 5 Other provisions about racing 1
bookmakers 2
152 When a racing bookmaker may make a bet with a person 3
who is not present at a licensed venue 4
(1) At a race meeting, a racing bookmaker may make a bet with a 5
person (the bettor) who is not present at the licensed venue 6
where the meeting is being held if-- 7
(a) the bet is made through a telecommunications system 8
for bookmaking, approved by the commission; and 9
(b) the bettor's consent to recording the betting transaction 10
is obtained before the transaction starts; and 11
(c) the details of the bet are confirmed with the bettor 12
before the betting transaction ends, including, for 13
example, the name of the bettor and the amount and type 14
of the bet. 15
(2) The commission may approve a telecommunications system 16
for bookmaking if-- 17
(a) the commission has the system assessed by an entity 18
that is independent of the commission and approved by 19
the Minister; and 20
(b) the entity assessing the system gives the commission a 21
report stating that the system is of a standard that will 22
ensure the integrity of bets made and protect the money 23
and privacy of persons placing bets. 24
(3) The Minister may give the commission a written direction, if 25
the Minister is reasonably satisfied it is in the best interests of 26
the Queensland racing industry to give the direction-- 27
(a) to have a telecommunications system approved by the 28
commission independently audited; and 29
(b) to give the Minister the results of the audit. 30
Page 105
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Chapter 4 Racing bookmakers
Part 5 Other provisions about racing bookmakers
[s 153]
(4) The commission must comply with a direction given under 1
subsection (3). 2
153 Racing bookmakers to maintain insurance policy or bond 3
to indemnify bettors against default 4
(1) For each code of racing for which a racing bookmaker is 5
licensed, the racing bookmaker must have an insurance policy 6
or bond, acceptable to the commission. 7
(2) Without limiting subsection (1), an insurance policy or bond 8
must-- 9
(a) indemnify persons who bet with the racing bookmaker 10
for amounts payable to the persons by the racing 11
bookmaker; and 12
(b) include conditions required by the commission. 13
(3) An insurance policy or bond acceptable to the commission 14
under this section is an accepted insurance policy or bond. 15
154 Commission to ensure racing bookmaker has accepted 16
insurance policy or bond 17
(1) The commission must not license a person as a racing 18
bookmaker, or renew a racing bookmaker's licence, unless the 19
person or racing bookmaker has an accepted insurance policy 20
or bond. 21
Maximum penalty--100 penalty units. 22
(2) If a racing bookmaker does not have an accepted insurance 23
policy or bond, the commission must immediately suspend the 24
racing bookmaker's licence until it is reasonably satisfied the 25
racing bookmaker has an accepted insurance policy or bond. 26
(3) The commission may make enquiries, and do other acts, as it 27
reasonably believes necessary to find out if a racing 28
bookmaker has an accepted insurance policy or bond. 29
Page 106
Racing Integrity Bill 2015
Chapter 4 Racing bookmakers
Part 5 Other provisions about racing bookmakers
[s 155]
155 Prohibition of betting by racing bookmaker with minor 1
(1) A racing bookmaker, or an agent or employee of a racing 2
bookmaker, must not-- 3
(a) bet with a minor; or 4
(b) bet with a person if the racing bookmaker, agent or 5
employee knows the person is betting for a minor. 6
Maximum penalty--400 penalty units. 7
(2) It is a defence to a charge for an offence against subsection (1) 8
for the defendant to prove that at the time of the offence the 9
defendant honestly and reasonably believed that the person 10
whose age is material to the offence was an adult. 11
(3) A minor must not bet with a racing bookmaker or an agent or 12
employee of a racing bookmaker. 13
Maximum penalty--400 penalty units. 14
(4) A person must not, for a minor, bet with a racing bookmaker 15
or an agent or employee of a racing bookmaker. 16
Maximum penalty for subsection (4)--400 penalty units. 17
156 Lawful bet by racing bookmaker is taken to be a valid 18
contract 19
(1) This section applies if a racing bookmaker at a licensed venue 20
makes a bet with another person as part of the lawful 21
engagement of the racing bookmaker in bookmaking. 22
(2) The racing bookmaker is taken to have entered into a valid 23
contract with the other person relating to the bet and may sue 24
or be sued on the contract. 25
157 Payment and settlement of bets 26
(1) Subsection (2) applies to the payment and settlement of a bet 27
that was lawfully made by and with a racing bookmaker at a 28
licensed venue. 29
Page 107
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Chapter 4 Racing bookmakers
Part 6 Miscellaneous
[s 158]
(2) A regulation may approve a place for the payment and 1
settlement of the bet. 2
(3) Subsection (4) applies to the payment and settlement of a bet 3
that was lawfully made by and with a racing bookmaker who 4
holds an offcourse approval if a telecommunications system 5
was used to make the bet. 6
(4) The offcourse approval may state a place for the payment and 7
settlement of the bet. 8
(5) For the payment and settlement of the bet, that place is not an 9
illegal betting place. 10
Part 6 Miscellaneous 11
158 Bookmaking on particular declared sporting 12
contingencies 13
(1) A control body for a code of racing may declare a sporting 14
contingency to be a declared sporting contingency for 15
which-- 16
(a) racing bookmakers for the code of racing may carry on 17
bookmaking at a licensed venue when-- 18
(i) a race meeting is being held at the venue; and 19
(ii) the control body is managing the venue; and 20
(iii) the commission is exercising control at the venue; 21
and 22
(b) racing bookmakers for the code of racing who hold an 23
offcourse approval may carry on bookmaking at an 24
approved place for the offcourse approval and at the 25
times approved by the Minister. 26
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Chapter 4 Racing bookmakers
Part 6 Miscellaneous
[s 158]
(2) Before the control body declares a sporting contingency to be 1
a declared sporting contingency, the control body must 2
consider all of the following-- 3
(a) whether declaring the sporting contingency brings, or 4
has the potential to bring, its code of racing, or racing 5
bookmakers licensed for the code of racing, into 6
disrepute; 7
(b) whether declaring the sporting contingency will erode 8
public confidence in the Queensland racing industry; 9
(c) whether a decision about the result of the sporting 10
contingency can be relied on by the commission, control 11
body, racing bookmakers and the public. 12
(3) Notice about the declaration of a sporting contingency must 13
be given by the control body-- 14
(a) by publication in the control body's racing calendar 15
under the Racing Act; or 16
(b) by making the notice available on its website; or 17
(c) by giving each racing bookmaker for the code of racing 18
a copy of the declaration. 19
(4) A racing bookmaker for a code of racing must not carry on 20
bookmaking on a sporting contingency, other than a race, 21
unless the sporting contingency has been declared by the 22
control body for the code of racing to be a declared sporting 23
contingency and-- 24
(a) the bookmaking is carried on at a licensed venue 25
when-- 26
(i) a race meeting is being held at the venue; and 27
(ii) the control body is managing the venue; and 28
(iii) the commission is exercising control at the venue; 29
or 30
(b) if the racing bookmaker holds an offcourse approval, the 31
bookmaking is carried on at an approved place for the 32
Page 109
Racing Integrity Bill 2015
Chapter 4 Racing bookmakers
Part 6 Miscellaneous
[s 159]
offcourse approval and at the times approved by the 1
Minister. 2
Maximum penalty for subsection (4)--400 penalty units. 3
159 Racing bookmaker's agent during particular periods 4
(1) This section applies if a racing bookmaker applies to the 5
commission in the approved form to authorise a person to act 6
as the racing bookmaker's agent by carrying on bookmaking 7
as the racing bookmaker for a period. 8
(2) The commission may authorise the person to act as the racing 9
bookmaker's agent and carry on bookmaking as the racing 10
bookmaker for the period only if-- 11
(a) the racing bookmaker-- 12
(i) is temporarily incapacitated through illness or 13
accident; or 14
(ii) is on vacation for a period that, together with any 15
previous period in which the racing bookmaker 16
was on vacation, does not exceed 12 weeks in any 17
year; or 18
(iii) is temporarily unable, for reasons acceptable to the 19
commission, to carry on bookmaking for a period 20
not exceeding 12 weeks; and 21
(b) the person nominated in the application as the racing 22
bookmaker's agent is a racing bookmaker's clerk. 23
(3) The application must be signed by the racing bookmaker. 24
(4) However, if a racing bookmaker is unable to carry on 25
bookmaking for a period due to incapacity caused by illness 26
or accident, the commission may waive the requirement that 27
the application be signed by the racing bookmaker if it is 28
satisfied the person who signed and lodged the application is 29
acting for the racing bookmaker. 30
(5) For this Act, the person authorised as the racing bookmaker's 31
agent is taken to be the racing bookmaker during the period 32
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Chapter 4 Racing bookmakers
Part 6 Miscellaneous
[s 160]
stated in the authority and this Act applies to the racing 1
bookmaker's agent as if the agent were the racing bookmaker. 2
(6) The racing bookmaker's agent does not need to hold an 3
eligibility certificate to be authorised as the racing 4
bookmaker's agent. 5
(7) Subsection (8) applies if-- 6
(a) the racing bookmaker holds an offcourse approval; and 7
(b) the commission authorises a person to act as the racing 8
bookmaker's agent under this section. 9
(8) Despite subsection (5), the person authorised as the racing 10
bookmaker's agent may carry on bookmaking as the racing 11
bookmaker at-- 12
(a) an approved place for the offcourse approval; or 13
(b) another place approved by the Minister. 14
160 Commission to give notice of particular actions about 15
racing bookmakers to gaming executive 16
(1) If the commission licenses a certificate holder as a racing 17
bookmaker, the commission must give notice about the 18
licensing to the gaming executive within 14 days after 19
granting the licence. 20
(2) If the commission refuses to license a certificate holder as a 21
racing bookmaker, the commission must give notice about the 22
refusal to the gaming executive within 14 days after the 23
refusal. 24
(3) If the commission takes disciplinary action relating to a racing 25
bookmaker's licence, the commission must give notice about 26
the disciplinary action to the gaming executive and each 27
control body within 14 days after taking the action. 28
(4) The notice under subsection (2) or (3) must state the 29
commission's reasons for the refusal or disciplinary action. 30
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Chapter 4 Racing bookmakers
Part 6 Miscellaneous
[s 161]
161 Gaming executive may give information to commission 1
about racing bookmaker or applicant for eligibility 2
certificate 3
(1) This section applies if, after an investigation under part 3 or 4
otherwise, the gaming executive has information about a 5
racing bookmaker, or applicant for an eligibility certificate, 6
that the gaming executive reasonably believes is appropriate 7
to give to the commission. 8
(2) The gaming executive must give the information to the 9
commission. 10
162 Delegation by gaming executive 11
The gaming executive may delegate the gaming executive's 12
powers under this chapter to an appropriately qualified public 13
service employee. 14
163 Approval of forms for this chapter 15
The gaming executive may approve forms for this chapter. 16
Page 112
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Chapter 5 Investigation and enforcement
Part 1 General provisions about authorised officers
[s 164]
Chapter 5 Investigation and 1
enforcement 2
Part 1 General provisions about 3
authorised officers 4
Division 1 Appointment 5
164 Authorised officers under this chapter 6
(1) This chapter includes provisions for the appointment of 7
authorised officers, and gives authorised officers particular 8
powers. 9
(2) The purpose of these provisions is to ensure the commission 10
has available to it suitably qualified persons who can help the 11
commission deal with issues about compliance under this 12
chapter. 13
165 Functions of authorised officers 14
An authorised officer has the following functions-- 15
(a) to investigate, monitor and enforce compliance with this 16
Act or the Racing Act; 17
(b) to investigate or monitor whether an occasion has arisen 18
for the exercise of powers under this Act or the Racing 19
Act; 20
(c) to facilitate the exercise of powers under this Act or the 21
Racing Act. 22
166 Appointment and qualifications 23
(1) The commissioner may, by instrument in writing, appoint 24
either of the following persons as authorised officers-- 25
Page 113
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Chapter 5 Investigation and enforcement
Part 1 General provisions about authorised officers
[s 167]
(a) a public service employee; 1
(b) other persons prescribed by regulation. 2
(2) However, the commissioner may appoint a person as an 3
authorised officer only if the commissioner is satisfied the 4
person is appropriately qualified. 5
167 Appointment conditions and limit on powers 6
(1) An authorised officer holds office on any conditions stated 7
in-- 8
(a) the authorised officer's instrument of appointment; or 9
(b) a signed notice given to the authorised officer; or 10
(c) a regulation. 11
(2) The instrument of appointment, a signed notice given to the 12
authorised officer or a regulation may limit the officer's 13
powers. 14
(3) In this section-- 15
signed notice means a notice signed by the commissioner. 16
168 When office ends 17
(1) The office of a person as an authorised officer ends if any of 18
the following happens-- 19
(a) the term of office stated in a condition of office ends; 20
(b) under another condition of office, the office ends; 21
(c) the authorised officer's resignation under section 169 22
takes effect. 23
(2) Subsection (1) does not limit the ways the office of a person as 24
an authorised officer ends. 25
(3) In this section-- 26
condition of office means a condition under which the 27
authorised officer holds office. 28
Page 114
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Chapter 5 Investigation and enforcement
Part 1 General provisions about authorised officers
[s 169]
169 Resignation 1
(1) An authorised officer may resign by signed notice given to the 2
commissioner. 3
(2) However, if holding office as an authorised officer is a 4
condition of the authorised officer holding another office, the 5
authorised officer may not resign as an authorised officer 6
without resigning from the other office. 7
Division 2 Identity cards 8
170 Issue of identity card 9
(1) The commissioner must issue an identity card to each 10
authorised officer. 11
(2) The identity card must-- 12
(a) contain a recent photo of the authorised officer; and 13
(b) contain a copy of the authorised officer's signature; and 14
(c) identify the person as an authorised officer under this 15
Act; and 16
(d) state an expiry date for the card. 17
(3) This section does not prevent the issuing of a single identity 18
card to a person for this Act and other purposes. 19
171 Production or display of identity card 20
(1) In exercising a power in relation to a person in the person's 21
presence, an authorised officer must-- 22
(a) produce the authorised officer's identity card for the 23
person's inspection before exercising the power; or 24
(b) have the identity card displayed so it is clearly visible to 25
the person when exercising the power. 26
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Chapter 5 Investigation and enforcement
Part 1 General provisions about authorised officers
[s 172]
(2) However, if it is not practicable to comply with subsection 1
(1), the authorised officer must produce the identity card for 2
the person's inspection at the first reasonable opportunity. 3
(3) For subsection (1), an authorised officer does not exercise a 4
power in relation to a person only because the authorised 5
officer has entered a place as mentioned in section 175(1)(b) 6
or (d). 7
172 Return of identity card 8
If the office of a person as an authorised officer ends, the 9
person must return the person's identity card to the 10
commissioner within 21 days after the office ends unless the 11
person has a reasonable excuse. 12
Maximum penalty--40 penalty units. 13
Division 3 Miscellaneous provisions 14
173 Reference to exercise of powers 15
If-- 16
(a) a provision of this chapter refers to the exercise of power 17
by an authorised officer; and 18
(b) there is no reference to a specific power; 19
the reference is to the exercise of all or any authorised 20
officers' powers under this Act or a warrant, to the extent the 21
powers are relevant. 22
174 Reference to document includes reference to 23
reproductions from electronic document 24
A reference in this chapter to a document includes a reference 25
to an image or writing-- 26
(a) produced from an electronic document; or 27
Page 116
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Chapter 5 Investigation and enforcement
Part 2 Entry of places by authorised officers
[s 175]
(b) not yet produced, but reasonably capable of being 1
produced, from an electronic document, with or without 2
the aid of another article or device. 3
Part 2 Entry of places by authorised 4
officers 5
Division 1 Power to enter 6
175 General power to enter places 7
(1) An authorised officer may enter a place if-- 8
(a) an occupier of the place consents under division 2 to the 9
entry and section 182 has been complied with for the 10
occupier; or 11
(b) it is a public place and the entry is made when the place 12
is open to the public; or 13
(c) the entry is authorised under a warrant and, if there is an 14
occupier of the place, section 190 has been complied 15
with for the occupier; or 16
(d) it is a place of business and the entry is made when the 17
place is-- 18
(i) open for carrying on activities for which the place 19
is a place of business; or 20
(ii) otherwise open for entry; or 21
(e) the entry is authorised under section 176, 177, 178 or 22
179. 23
(2) For subsection (1)(d) and (e), entry to a place does not include 24
entry to a part of a place where a person resides. 25
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Chapter 5 Investigation and enforcement
Part 2 Entry of places by authorised officers
[s 176]
(3) If the power to enter arose only because an occupier of the 1
place consented to the entry, the power is subject to any 2
conditions of the consent and ceases if the consent is 3
withdrawn. 4
(4) If the power to enter is under a warrant, the power is subject to 5
the terms of the warrant. 6
(5) The consent may provide consent for re-entry and is subject to 7
the conditions of consent. 8
(6) If the power to re-enter is under a warrant, the re-entry is 9
subject to the terms of the warrant. 10
(7) In this section-- 11
place of business means either of the following places-- 12
(a) a place used by a control body to conduct activities in 13
relation to managing any of its codes of racing; 14
(b) a place used by a licence holder to conduct activities for 15
which the licence holder is licensed or otherwise holds 16
the licence, including a place that is an approved place 17
for an offcourse approval held by a racing bookmaker. 18
176 Power to enter place to check action required under 19
animal welfare direction 20
(1) This section applies if an occupier of a place has been given 21
an animal welfare direction. 22
(2) An authorised officer may, at reasonable times, enter the place 23
to check whether the occupier has taken or is taking the action 24
required under the direction. 25
Notes-- 26
1 See, however, the restrictions on entry under section 175(2). 27
2 See section 184 for the procedure for entry under this section. 28
Page 118
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Chapter 5 Investigation and enforcement
Part 2 Entry of places by authorised officers
[s 177]
177 Power to enter place to ascertain if animal severely 1
injured 2
(1) This section applies if an authorised officer reasonably 3
suspects-- 4
(a) an animal at the place has just sustained a severe injury; 5
and 6
(b) the injury is likely to remain untreated, or untreated for 7
an unreasonable period. 8
(2) The authorised officer may enter the place to ascertain if the 9
animal is severely injured. 10
Notes-- 11
1 See, however, the restrictions on entry under section 175(2). 12
2 See section 184 for the procedure for entry under this section. 13
178 Power to enter place in relation to animal welfare offence 14
(1) This section applies if an authorised officer reasonably 15
suspects-- 16
(a) there is an imminent risk of death or injury to an animal 17
at a place because of an accident or from an animal 18
welfare offence; or 19
Examples of imminent risk of death or injury to an animal-- 20
1 a dogfight involving, or apparently involving, an imminent 21
risk of death or injury to the dogs 22
2 the beating or torture of an animal at the place 23
(b) any delay in entering the place will result in the 24
concealment, death or destruction of anything at the 25
place that is-- 26
(i) evidence of an animal welfare offence; or 27
(ii) being used to commit, continue or repeat, an 28
offence. 29
(2) The authorised officer may enter the place. 30
Notes-- 31
Page 119
Racing Integrity Bill 2015
Chapter 5 Investigation and enforcement
Part 2 Entry of places by authorised officers
[s 179]
1 See, however, the restrictions on entry under section 175(2). 1
2 See section 184 for the procedure for entry under this section. 2
179 Limited entry power to provide relief to animal 3
(1) Subsection (2) applies if-- 4
(a) an authorised officer reasonably suspects-- 5
(i) an animal at a place, other than a vehicle, is 6
suffering from lack of food or water or is 7
entangled; and 8
(ii) the person in charge of the animal is not, or is 9
apparently not, present at the place; and 10
(b) the animal is not at a part of the place at which a person 11
resides, or apparently resides. 12
(2) The authorised officer may enter and stay at the place while it 13
is reasonably necessary to provide the food or water or to 14
disentangle the animal. 15
(3) An authorised officer may enter a vehicle if the authorised 16
officer reasonably suspects there is a need to enter the vehicle 17
to relieve an animal in pain in the vehicle or prevent an animal 18
in the vehicle from suffering pain. 19
(4) If an authorised officer enters a vehicle under subsection (3), 20
the authorised officer may take reasonable measures to relieve 21
the pain of an animal in the vehicle. 22
Examples of measures-- 23
feeding, untethering or watering the animal 24
(5) Before leaving the place or vehicle, the authorised officer 25
must leave a notice in a conspicuous position and in a 26
reasonably secure way stating the following-- 27
(a) the authorised officer's name and business address or 28
telephone number; 29
(b) the action taken by the authorised officer under 30
subsection (2) or (4); 31
Page 120
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Chapter 5 Investigation and enforcement
Part 2 Entry of places by authorised officers
[s 180]
(c) when the action was taken. 1
(6) This section does not limit section 175. 2
Division 2 Entry by consent 3
180 Application of division 4
This division applies if an authorised officer intends to ask an 5
occupier of a place to consent to the authorised officer or 6
another authorised officer entering the place under section 7
175(1)(a). 8
181 Incidental entry to ask for access 9
For the purpose of asking the occupier for the consent, an 10
authorised officer may, without the occupier's consent or a 11
warrant-- 12
(a) enter land around premises at the place to an extent that 13
is reasonable to contact the occupier; or 14
(b) enter part of the place the authorised officer reasonably 15
considers members of the public ordinarily are allowed 16
to enter when they wish to contact an occupier of the 17
place. 18
182 Matters authorised officer must tell occupier 19
Before asking for the consent, the authorised officer must give 20
a reasonable explanation to the occupier-- 21
(a) about the purpose of the entry, including the powers 22
intended to be exercised; and 23
(b) that the occupier is not required to consent; and 24
(c) that the consent may be given subject to conditions and 25
may be withdrawn at any time. 26
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183 Consent acknowledgement 1
(1) If the consent is given, the authorised officer may ask the 2
occupier to sign an acknowledgement of the consent. 3
(2) The acknowledgement must state-- 4
(a) the purpose of the entry, including the powers to be 5
exercised; and 6
(b) the following has been explained to the occupier-- 7
(i) the purpose of the entry, including the powers 8
intended to be exercised; 9
(ii) that the occupier is not required to consent; 10
(iii) that the consent may be given subject to conditions 11
and may be withdrawn at any time; and 12
(c) the occupier gives the authorised officer or another 13
authorised officer consent to enter the place and exercise 14
the powers; and 15
(d) the time and day the consent was given; and 16
(e) any conditions of the consent. 17
(3) If the occupier signs the acknowledgement, the authorised 18
officer must immediately give a copy to the occupier. 19
(4) If-- 20
(a) an issue arises in a proceeding about whether the 21
occupier consented to the entry; and 22
(b) a signed acknowledgement complying with subsection 23
(2) for the entry is not produced in evidence; 24
the onus of proof is on the person relying on the lawfulness of 25
the entry to prove the occupier consented. 26
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[s 184]
Division 3 Entry for particular purposes 1
184 Entry of place under ss 176, 177 and 178 2
(1) This section applies to an authorised officer intending to enter 3
a place under section 176, 177 or 178. 4
(2) The authorised officer must, before entering the place, make a 5
reasonable attempt to locate an occupier of the place and 6
obtain the occupier's consent to the entry. 7
Note-- 8
See division 2. 9
(3) The authorised officer may enter the place if-- 10
(a) the authorised officer is unable to locate an occupier 11
after making a reasonable attempt to do so; or 12
(b) the occupier refuses to consent to the entry. 13
(4) If, after the authorised officer enters the place under 14
subsection (3)(a), the officer finds an occupier present at the 15
place, or if the occupier refuses to consent to the entry, the 16
authorised officer must make reasonable attempts to-- 17
(a) produce the authorised officer's identity card for the 18
occupier's inspection; and 19
(b) inform the occupier-- 20
(i) of the reason for entering the place; and 21
(ii) that the authorised officer is authorised under this 22
Act to enter the place without the permission of the 23
occupier. 24
Note-- 25
See, however, the restrictions on entry under section 175(2). 26
(5) If the authorised officer does not find an occupier present at 27
the place, the authorised officer must leave a notice in a 28
conspicuous position and in a reasonably secure way stating 29
the date and time of the entry and information addressing the 30
matters mentioned in subsection (4)(b). 31
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[s 185]
Division 4 Entry under warrant 1
Subdivision 1 Obtaining warrant 2
185 Application for warrant 3
(1) An authorised officer may apply to a magistrate for a warrant 4
for a place. 5
(2) The authorised officer must prepare a written application that 6
states the grounds on which the warrant is sought. 7
(3) The written application must be sworn. 8
(4) The magistrate may refuse to consider the application until the 9
authorised officer gives the magistrate all the information the 10
magistrate requires about the application in the way the 11
magistrate requires. 12
Example-- 13
The magistrate may require additional information supporting the 14
written application to be given by statutory declaration. 15
186 Issue of warrant 16
(1) The magistrate may issue the warrant for the place only if the 17
magistrate is satisfied there are reasonable grounds for 18
suspecting that there is at the place, or will be at the place 19
within the next 7 days, a particular thing or activity that may 20
provide evidence of-- 21
(a) an animal welfare offence; or 22
(b) another offence against this Act or the Racing Act. 23
(2) The warrant must state-- 24
(a) the place to which the warrant applies; and 25
(b) that a stated authorised officer or any authorised officer 26
may with necessary and reasonable help and force-- 27
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(i) enter the place and any other place necessary for 1
entry to the place; and 2
(ii) exercise the authorised officer's powers; and 3
(c) particulars of the offence that the magistrate considers 4
appropriate; and 5
(d) the name of the person suspected of having committed 6
the offence unless the name is unknown or the 7
magistrate considers it inappropriate to state the name; 8
and 9
(e) the evidence that may be seized under the warrant; and 10
(f) the hours of the day or night when the place may be 11
entered; and 12
(g) the magistrate's name; and 13
(h) the day and time of the warrant's issue; and 14
(i) except for a warrant allowing for re-entry of the place, 15
the day, within 14 days after the warrant's issue, the 16
warrant ends. 17
(3) To the extent that the warrant allows for re-entry of the place, 18
it ends on the day stated in the warrant. 19
187 Electronic application 20
(1) An application under section 185 may be made by phone, fax, 21
email, radio, videoconferencing or another form of electronic 22
communication if the authorised officer reasonably considers 23
it necessary because of-- 24
(a) urgent circumstances; or 25
(b) other special circumstances, including, for example, the 26
authorised officer's remote location. 27
(2) The application-- 28
(a) may not be made before the authorised officer prepares 29
the written application under section 185(2); but 30
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(b) may be made before the written application is sworn. 1
188 Additional procedure if electronic application 2
(1) For an application made under section 187, the magistrate 3
may issue the warrant (the original warrant) only if the 4
magistrate is satisfied-- 5
(a) it was necessary to make the application under section 6
187; and 7
(b) the way the application was made under section 187 was 8
appropriate. 9
(2) After the magistrate issues the original warrant-- 10
(a) if there is a reasonably practicable way of immediately 11
giving a copy of the warrant to the authorised officer, 12
including, for example, by sending a copy by fax or 13
email, the magistrate must immediately give a copy of 14
the warrant to the authorised officer; or 15
(b) otherwise-- 16
(i) the magistrate must tell the authorised officer the 17
information mentioned in section 186(2); and 18
(ii) the authorised officer must complete a form of 19
warrant, including by writing on it the information 20
mentioned in section 186(2) provided by the 21
magistrate. 22
(3) The copy of the warrant mentioned in subsection (2)(a), or the 23
form of the warrant completed under subsection (2)(b), (in 24
either case the duplicate warrant), is a duplicate of, and as 25
effectual as, the original warrant. 26
(4) The authorised officer must, at the first reasonable 27
opportunity, send to the magistrate-- 28
(a) the written application complying with section 185(2) 29
and (3); and 30
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[s 189]
(b) if the authorised officer completed a form of warrant 1
under subsection (2)(b)--the completed form of 2
warrant. 3
(5) The magistrate must keep the original warrant and, on 4
receiving the documents under subsection (4)-- 5
(a) attach the documents to the original warrant; and 6
(b) give the original warrant and documents to the clerk of 7
the court of the relevant magistrates court. 8
(6) Despite subsection (3), if-- 9
(a) an issue arises in a proceeding about whether an 10
exercise of a power was authorised by a warrant issued 11
under this section; and 12
(b) the original warrant is not produced in evidence; 13
the onus of proof is on the person relying on the lawfulness of 14
the exercise of the power to prove a warrant authorised the 15
exercise of the power. 16
(7) This section does not limit section 185. 17
(8) In this section-- 18
relevant magistrates court, in relation to a magistrate, means 19
the Magistrates Court that the magistrate constitutes under the 20
Magistrates Act 1991. 21
189 Defect in relation to a warrant 22
(1) A warrant is not invalidated by a defect in-- 23
(a) the warrant; or 24
(b) compliance with this subdivision; 25
unless the defect affects the substance of the warrant in a 26
material particular. 27
(2) In this section-- 28
warrant includes a duplicate warrant mentioned in section 29
188(3). 30
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[s 190]
Subdivision 2 Entry procedure 1
190 Entry procedure 2
(1) This section applies if an authorised officer is intending to 3
enter a place under a warrant issued under this division. 4
(2) Before entering the place, the authorised officer must do or 5
make a reasonable attempt to do the following things-- 6
(a) identify himself or herself to a person who is an 7
occupier of the place and is present by producing the 8
authorised officer's identity card or another document 9
evidencing the authorised officer's appointment; 10
(b) give the person a copy of the warrant; 11
(c) tell the person the authorised officer is permitted by the 12
warrant to enter the place; 13
(d) give the person an opportunity to allow the authorised 14
officer immediate entry to the place without using force. 15
(3) However, the authorised officer need not comply with 16
subsection (2) if the authorised officer believes on reasonable 17
grounds that entry to the place without compliance is required 18
to ensure the execution of the warrant is not frustrated. 19
(4) In this section-- 20
warrant includes a duplicate warrant mentioned in section 21
188(3). 22
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[s 191]
Part 3 Other authorised officers' 1
powers and related matters 2
Division 1 Stopping or moving vehicles 3
191 Application of division 4
This division applies if an authorised officer reasonably 5
suspects, or is aware, that a thing in or on a vehicle may 6
provide evidence of the commission of-- 7
(a) an animal welfare offence; or 8
(b) another offence against this Act or the Racing Act. 9
192 Power to stop or move 10
(1) If the vehicle is moving, the authorised officer may, to 11
exercise his or her powers, signal or otherwise direct the 12
person in control of the vehicle to stop the vehicle and to bring 13
the vehicle to, and keep it at, a convenient place within a 14
reasonable distance to allow the authorised officer to exercise 15
the powers. 16
(2) If the vehicle is stopped, the authorised officer may direct the 17
person in control of the vehicle-- 18
(a) not to move it until the authorised officer has exercised 19
the authorised officer's powers; or 20
(b) to move the vehicle to, and keep it at, a stated reasonable 21
place to allow the authorised officer to exercise the 22
powers. 23
(3) When giving the direction under subsection (2), the authorised 24
officer must give the person in control an offence warning for 25
the direction. 26
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193 Identification requirements if vehicle moving 1
(1) This section applies if the authorised officer proposes to give a 2
direction under section 192(1) and the vehicle is moving. 3
(2) The authorised officer must clearly identify himself or herself 4
as an authorised officer exercising the authorised officer's 5
powers. 6
Examples-- 7
1 If the authorised officer is in a moving vehicle, he or she may use a 8
loudhailer to identify himself or herself as an authorised officer 9
exercising powers. 10
2 If the authorised officer is standing at the side of the road, he or she 11
may use a sign to identify himself or herself as an authorised officer 12
exercising powers. 13
(3) When the vehicle stops, the authorised officer must-- 14
(a) have with him or her the authorised officer's identity 15
card; and 16
(b) immediately produce the identity card for the inspection 17
of the person in control of the vehicle. 18
(4) Subsection (3) applies despite section 171. 19
194 Failure to comply with direction 20
(1) The person in control of the vehicle must comply with a 21
direction under section 192 unless the person has a reasonable 22
excuse. 23
Maximum penalty--200 penalty units. 24
(2) It is a reasonable excuse for the person not to comply with a 25
direction if-- 26
(a) the vehicle was moving and the authorised officer did 27
not comply with section 193; or 28
(b) to comply immediately would have endangered 29
someone else or caused loss or damage to property, and 30
the person complies as soon as it is practicable to do so. 31
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[s 195]
(3) Subsection (2) does not limit subsection (1). 1
(4) A person does not commit an offence against subsection (1) 2
if-- 3
(a) the direction the person fails to comply with is given 4
under section 192(2); and 5
(b) the person is not given an offence warning for the 6
direction. 7
Division 2 General powers of authorised 8
officers after entering places 9
195 Application of division 10
(1) The powers under this division may be exercised if an 11
authorised officer-- 12
(a) enters a place under section 175(1)(a), (c) or (d); or 13
(b) stops or moves a vehicle under division 1. 14
(2) However, if the authorised officer enters under section 15
175(1)(a) or (c), the powers under this division are subject to 16
any conditions of the consent or terms of the warrant. 17
196 General powers 18
(1) The authorised officer may do any of the following (each a 19
general power)-- 20
(a) search any part of the place; 21
(b) open, using reasonable force, a bag, cage, container, 22
pen, yard or other structure confining or containing an 23
animal or other thing to examine the structure, animal or 24
other thing; 25
(c) muster, yard, detain, clip or otherwise deal with an 26
animal at the place; 27
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(d) take reasonable measures to relieve the pain of an 1
animal at the place; 2
Example of measures-- 3
feeding, untethering or watering an animal 4
(e) inspect, examine or film any part of the place or 5
anything at the place; 6
(f) subject to subsection (5), take for examination a thing, 7
or a sample of or from a thing, at the place; 8
(g) place an identifying mark in or on anything at the place; 9
(h) take an extract from, or copy, a document at the place, or 10
take the document to another place to copy; 11
(i) produce an image or writing at the place from an 12
electronic document or, to the extent it is not 13
practicable, take a thing containing an electronic 14
document to another place to produce an image or 15
writing; 16
(j) take to, into or onto the place and use any person, 17
equipment and materials the authorised officer 18
reasonably requires for exercising the authorised 19
officer's powers under this division; 20
(k) remain at the place for the time necessary to achieve the 21
purpose of the entry. 22
(2) The authorised officer may take a necessary step to allow the 23
exercise of a general power. 24
Example of a step-- 25
moving a licensed animal at the place to allow a sample to be taken from 26
the animal 27
(3) If the authorised officer takes a document from the place to 28
copy it, the authorised officer must copy the document and 29
return it to the place as soon as practicable. 30
(4) If the authorised officer takes from the place an article or 31
device reasonably capable of producing a document from an 32
electronic document to produce the document, the authorised 33
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officer must produce the document and return the article or 1
device to the place as soon as practicable. 2
(5) If the authorised officer does not believe that he or she is 3
appropriately qualified to take a thing or sample under 4
subsection (1)(f), the authorised officer must arrange for an 5
appropriately qualified person (a qualified person) to take the 6
sample or thing for the authorised officer. 7
(6) If the authorised officer or qualified person takes for 8
examination a thing, or a sample of or from a thing, under 9
subsection (1)(f), the authorised officer must-- 10
(a) give a receipt for the thing or sample to the person in 11
charge of the animal or place from which it was taken; 12
and 13
(b) for a thing or sample with an intrinsic value--at the end 14
of 6 months after the thing or sample was taken, return it 15
to the person who appears to be the owner of it or the 16
person in charge of the animal or place from which it 17
was taken. 18
Note-- 19
See division 3 for what happens if the sample or thing can not be 20
returned to its owner. 21
(7) However, if for any reason it is not practicable to comply with 22
subsection (6)(a), the authorised officer must leave the receipt 23
at the place in a conspicuous position and in a reasonably 24
secure way. 25
(8) The receipt mentioned in subsection (6)(a) must be in the 26
approved form. 27
(9) In this section-- 28
examine includes analyse, test, account, measure, weigh, 29
grade, gauge and identify. 30
film includes photograph, videotape and record an image in 31
another way. 32
inspect, a thing, includes open the thing and examine its 33
contents. 34
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[s 197]
197 Power to require reasonable help 1
(1) The authorised officer may make a requirement (a help 2
requirement) of an occupier of the place or a person at the 3
place to give the authorised officer reasonable help to exercise 4
a general power, including, for example, to produce a 5
document or to give information. 6
(2) When making the help requirement, the authorised officer 7
must give the person an offence warning for the requirement. 8
198 Offence to contravene help requirement 9
(1) A person of whom a help requirement has been made must 10
comply with the requirement unless the person has a 11
reasonable excuse. 12
Maximum penalty--200 penalty units. 13
(2) It is a reasonable excuse for an individual not to comply with 14
a help requirement if complying might tend to incriminate the 15
individual or expose the individual to a penalty. 16
(3) However, subsection (2) does not apply if a document or 17
information the subject of the help requirement is required to 18
be held or kept by the defendant under this Act or the Racing 19
Act. 20
Note-- 21
See, however, section 231. 22
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[s 199]
Division 3 Seizure by authorised officers and 1
forfeiture 2
Subdivision 1 Power to seize 3
199 Seizing evidence at a place that may be entered without 4
consent or warrant 5
An authorised officer who enters a place the authorised officer 6
may enter under this Act without the consent of an occupier of 7
the place and without a warrant may seize a thing at the place 8
if the authorised officer reasonably believes the thing is 9
evidence of-- 10
(a) an animal welfare offence; or 11
(b) another offence against this Act or the Racing Act. 12
200 Seizing evidence at a place that may be entered only with 13
consent or warrant 14
(1) This section applies if-- 15
(a) an authorised officer is authorised to enter a place only 16
with the consent of an occupier of the place or a 17
warrant; and 18
(b) the authorised officer enters the place after obtaining the 19
consent or under a warrant. 20
(2) If the authorised officer enters the place with the occupier's 21
consent, the authorised officer may seize a thing at the place 22
only if-- 23
(a) the authorised officer reasonably believes the thing is 24
evidence of-- 25
(i) an animal welfare offence; or 26
(ii) another offence against this Act or the Racing Act; 27
and 28
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[s 201]
(b) seizure of the thing is consistent with the purpose of 1
entry as explained to the occupier when asking for the 2
occupier's consent. 3
(3) If the authorised officer enters the place under a warrant, the 4
authorised officer may seize the evidence for which the 5
warrant was issued. 6
(4) The authorised officer may also seize anything else at the 7
place if the authorised officer reasonably believes-- 8
(a) the thing is evidence of-- 9
(i) an animal welfare offence; or 10
(ii) another offence against this Act or the Racing Act; 11
and 12
(b) the seizure is necessary to prevent the thing being 13
hidden, lost or destroyed. 14
(5) The authorised officer may also seize a thing at the place if the 15
authorised officer reasonably believes it has just been used in 16
committing-- 17
(a) an animal welfare offence; or 18
(b) another offence against this Act or the Racing Act. 19
201 Seizure of property subject to security 20
(1) An authorised officer may seize a thing, and exercise powers 21
relating to the thing, despite a lien or other security over the 22
thing claimed by another person. 23
(2) However, the seizure does not affect the other person's claim 24
to the lien or other security against a person other than the 25
authorised officer or a person acting under the direction or 26
authority of the authorised officer. 27
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[s 202]
Subdivision 2 Powers to support seizure 1
202 Power to secure seized thing 2
(1) Having seized a thing under this division, an authorised 3
officer may-- 4
(a) leave it at the place where it was seized (the place of 5
seizure) and take reasonable action to restrict access to 6
it; or 7
(b) move it from the place of seizure. 8
(2) For subsection (1)(a), the authorised officer may, for 9
example-- 10
(a) seal the thing, or the entrance to the place of seizure, and 11
mark the thing or place to show access to the thing or 12
place is restricted; or 13
(b) for equipment--make it inoperable; or 14
Example-- 15
make it inoperable by dismantling it or removing a component 16
without which the equipment can not be used 17
(c) require a person the authorised officer reasonably 18
believes is in control of the place or thing to do an act 19
mentioned in paragraph (a) or (b) or anything else an 20
authorised officer could do under subsection (1)(a). 21
203 Offence to contravene seizure requirement 22
A person must comply with a requirement made of the person 23
under section 202(2)(c) unless the person has a reasonable 24
excuse. 25
Maximum penalty--300 penalty units. 26
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204 Offence to interfere 1
(1) If access to a seized thing is restricted under section 202, a 2
person must not tamper with the thing or with anything used 3
to restrict access to the thing without-- 4
(a) an authorised officer's approval; or 5
(b) a reasonable excuse. 6
Maximum penalty--400 penalty units. 7
(2) If access to a place is restricted under section 202, a person 8
must not enter the place in contravention of the restriction or 9
tamper with anything used to restrict access to the place 10
without-- 11
(a) an authorised officer's approval; or 12
(b) a reasonable excuse. 13
Maximum penalty--400 penalty units. 14
Subdivision 3 Safeguards for seized things 15
205 Receipt and information notice for seized thing 16
(1) This section applies if an authorised officer seizes anything 17
under this division unless-- 18
(a) the authorised officer reasonably believes there is 19
no-one apparently in possession of the thing or the thing 20
has been abandoned; or 21
(b) because of the condition, nature and value of the thing it 22
would be unreasonable to require the authorised officer 23
to comply with this section. 24
(2) The authorised officer must, as soon as practicable after 25
seizing the thing, give an owner or person in control of the 26
thing before it was seized-- 27
(a) a receipt for the thing that generally describes the thing 28
and its condition; and 29
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[s 206]
(b) an information notice about the decision to seize it. 1
(3) However, if an owner or person from whom the thing is seized 2
is not present when it is seized, the receipt and information 3
notice may be given by leaving them in a conspicuous 4
position and in a reasonably secure way at the place at which 5
the thing is seized. 6
(4) The receipt and information notice may-- 7
(a) be given in the same document; and 8
(b) relate to more than 1 seized thing. 9
(5) The authorised officer may delay giving the receipt and 10
information notice if the authorised officer reasonably 11
suspects giving them may frustrate or otherwise hinder an 12
investigation by the authorised officer under this Act or the 13
Racing Act. 14
(6) However, the delay may be only for so long as the authorised 15
officer continues to have the reasonable suspicion and remains 16
in the vicinity of the place at which the thing was seized to 17
keep it under observation. 18
206 Access to seized thing 19
(1) Until a seized thing is forfeited or returned, the authorised 20
officer who seized the thing must allow an owner of the 21
thing-- 22
(a) to inspect it at any reasonable time and from time to 23
time; and 24
(b) if it is a document--to copy it. 25
(2) Subsection (1) does not apply if it is impracticable or would 26
be unreasonable to allow the inspection or copying. 27
(3) The inspection or copying must be allowed free of charge. 28
207 Return of seized thing 29
(1) This section applies if a seized thing is not-- 30
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(a) forfeited or transferred under subdivision 4 or 5; or 1
(b) subject to a disposal order under division 4. 2
(2) As soon as the commissioner stops being satisfied there are 3
reasonable grounds for retaining the thing, the commissioner 4
must return it to its owner. 5
(3) If the thing is not returned to its owner within 3 months after it 6
was seized, the owner may apply to the commissioner for its 7
return. 8
(4) Within 30 days after receiving the application, the 9
commissioner must-- 10
(a) if the commissioner is satisfied there are reasonable 11
grounds for retaining the thing and decides to retain 12
it--give the owner an information notice about the 13
decision, including the grounds for retaining the thing; 14
or 15
(b) otherwise--return the thing to the owner. 16
(5) For this section, there are reasonable grounds for retaining a 17
seized thing if-- 18
(a) the thing is being, or is likely to be, examined; or 19
(b) the thing is needed, or may be needed, for the purposes 20
of-- 21
(i) a proceeding for an animal welfare offence, or 22
another offence against this Act or the Racing Act, 23
that is likely to be started or that has been started 24
but not completed; or 25
(ii) an appeal from a decision in a proceeding for an 26
animal welfare offence or another offence against 27
this Act or the Racing Act; or 28
(c) it is not unlawful for the owner to possess the thing. 29
(6) Subsection (5) does not limit the grounds that may be 30
reasonable grounds for retaining the seized thing. 31
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(7) Nothing in this section affects a lien or other security over the 1
seized thing. 2
(8) In this section-- 3
examine includes analyse, test, account, measure, weigh, 4
grade, gauge and identify. 5
Subdivision 4 Forfeiture 6
208 Forfeiture by commissioner decision 7
(1) The commissioner may decide a seized thing is forfeited to 8
the State if an authorised officer-- 9
(a) after making reasonable inquiries, can not find an 10
owner; or 11
(b) after making reasonable efforts, can not return it to an 12
owner; or 13
(c) reasonably believes it is necessary to keep the thing to 14
prevent it being used to commit the offence for which it 15
was seized. 16
(2) However, the authorised officer is not required to-- 17
(a) make inquiries if it would be unreasonable to make 18
inquiries to find an owner; or 19
(b) make efforts if it would be unreasonable to make efforts 20
to return the thing to an owner. 21
Example for paragraph (b)-- 22
the owner of the thing has migrated to another country 23
(3) Regard must be had to the thing's condition, nature and value 24
in deciding-- 25
(a) whether it is reasonable to make inquiries or efforts; and 26
(b) if inquiries or efforts are made--what inquiries or 27
efforts, including the period over which they are made, 28
are reasonable. 29
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209 Information notice about forfeiture decision 1
(1) If the commissioner decides under section 208(1) to forfeit a 2
thing, the commissioner must as soon as practicable give a 3
person who owned the thing immediately before the forfeiture 4
(the former owner) an information notice about the decision. 5
(2) If the decision was made under section 208(1)(a) or (b), the 6
information notice may be given by leaving it at the place 7
where the thing was seized, in a conspicuous position and in a 8
reasonably secure way. 9
(3) The information notice must state that the former owner may 10
apply for a stay of the decision if he or she appeals against the 11
decision. 12
(4) However, subsections (1) to (3) do not apply if-- 13
(a) the decision was made under section 208(1)(a) or (b); 14
and 15
(b) the place where the thing was seized is-- 16
(i) a public place; or 17
(ii) a place where the notice is unlikely to be read by 18
the former owner. 19
Subdivision 5 Dealing with property forfeited or 20
transferred to the State 21
210 When thing becomes property of the State 22
A thing becomes the property of the State if-- 23
(a) the thing is forfeited to the State under section 208(1); 24
or 25
(b) the owner of the thing and the State agree, in writing, to 26
the transfer of the ownership of the thing to the State. 27
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211 How property may be dealt with 1
(1) This section applies if, under section 210, a thing becomes the 2
property of the State. 3
(2) The commissioner may deal with the thing as the 4
commissioner considers appropriate, including, for example, 5
by destroying it or giving it away. 6
(3) The commissioner must not deal with the thing in a way that 7
could prejudice the outcome of an appeal against the 8
forfeiture under this Act. 9
(4) If the commissioner sells the thing, the commissioner may, 10
after deducting the following costs, return the proceeds of the 11
sale to the former owner of the thing-- 12
(a) the costs of the sale; 13
(b) any costs the commission may recover from a person 14
under section 259. 15
(5) This section is subject to any disposal order made for the 16
thing. 17
Division 4 Disposal orders 18
212 Disposal order 19
(1) This section applies if a person is convicted of an animal 20
welfare offence or another offence against this Act or the 21
Racing Act. 22
(2) The court may make an order (a disposal order), on its own 23
initiative or on an application by the prosecution, for the 24
disposal of any of the following things owned by the person-- 25
(a) anything that was the subject of, or used to commit, the 26
offence; 27
(b) another thing the court considers is likely to be used by 28
the person or another person in committing a further 29
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[s 213]
animal welfare offence or another further offence 1
against this Act or the Racing Act. 2
(3) The court may make a disposal order for a thing-- 3
(a) whether or not it has been seized under this Act; and 4
(b) if the thing has been seized--whether or not it has been 5
returned to the former owner. 6
(4) In deciding whether to make a disposal order for a thing, the 7
court-- 8
(a) may require notice to be given to anyone the court 9
considers appropriate, including, for example, any 10
person who may have any property in the thing; and 11
(b) must hear any submissions that any person claiming to 12
have any property in the thing may wish to make. 13
(5) The court may make any order to enforce the disposal order 14
that it considers appropriate. 15
(6) This section does not limit the court's powers under another 16
law. 17
Division 5 Animal welfare directions 18
213 Application of division 19
(1) This division applies if an authorised officer reasonably 20
believes-- 21
(a) a person has committed, is committing, or is about to 22
commit, an animal welfare offence; or 23
(b) an animal-- 24
(i) is not being cared for properly; or 25
(ii) is experiencing undue pain; or 26
(iii) requires veterinary treatment; or 27
(iv) should not be used for work. 28
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(2) This division also applies if an animal has been seized under 1
division 3, subdivision 1. 2
(3) In this section-- 3
veterinary treatment, of an animal, means-- 4
(a) consultation by a person with a veterinary surgeon about 5
the animal's condition; or 6
(b) performance by a veterinary surgeon of a medical or 7
surgical procedure on the animal; or 8
(c) performance by someone other than a veterinary 9
surgeon of a medical procedure of a curative or 10
preventive nature on the animal if the procedure is to be 11
performed under a veterinary surgeon's directions. 12
214 Power to give animal welfare direction 13
(1) The authorised officer may give a written direction (an 14
animal welfare direction) requiring stated action about the 15
animal or its environment. 16
(2) The direction may be given to-- 17
(a) a person in charge of the animal; or 18
(b) a person whom the authorised officer reasonably 19
believes is in charge of the animal; or 20
(c) if the animal has been seized under division 3, 21
subdivision 1-- 22
(i) a person who, immediately before the seizure, was 23
a person in charge of the animal; or 24
(ii) a person whom the authorised officer reasonably 25
believes was, immediately before the seizure, a 26
person in charge of the animal. 27
(3) Without limiting subsection (1), the direction may require any 28
of the following actions to be taken-- 29
(a) care for, or treat, the animal in stated way; 30
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(b) provide the animal with stated accommodation, food, 1
rest, water or other living conditions; 2
(c) consult a veterinary surgeon about the animal's 3
condition before a stated time; 4
(d) move the animal from the place where it is situated 5
when the direction is given to another stated place for a 6
purpose mentioned in paragraph (a), (b) or (c); 7
(e) not to move the animal from the place where it is 8
situated when the direction is given. 9
(4) However, action may be required only if the authorised 10
officer considers it to be necessary and reasonable in the 11
interests of the animal's welfare. 12
(5) The direction may state how the person given the direction 13
may show that the stated action has been taken. 14
215 Requirements for giving animal welfare direction 15
(1) An animal welfare direction must-- 16
(a) be in the approved form; and 17
(b) describe-- 18
(i) the animal in a way that reasonably allows the 19
person given the direction to identify it; or 20
(ii) if the direction is given because the authorised 21
officer reasonably believes a person has 22
committed, is committing or is about to commit, an 23
animal welfare offence--the type of animal to 24
which the offence relates; and 25
(c) state-- 26
(i) each requirement; and 27
(ii) a time for the person to comply with each 28
requirement; and 29
(d) include an information notice about the decision to give 30
the direction. 31
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(2) Despite subsection (1)(a), an animal welfare direction may be 1
given orally if-- 2
(a) the authorised officer considers it to be in the interests 3
of the animal's welfare to give the direction 4
immediately; and 5
(b) for any reason it is not practicable to immediately give 6
the direction in the approved form; and 7
(c) the authorised officer gives the person an offence 8
warning. 9
(3) If the direction is given orally, the authorised officer must 10
confirm the direction by also giving it in the approved form as 11
soon as practicable after giving it orally. 12
(4) An animal welfare direction may state that an authorised 13
officer proposes, at a stated time or at stated intervals, to enter 14
the following where an animal the subject of the direction is 15
kept at to check compliance with the direction-- 16
(a) a vehicle of which the person is the person in control; 17
(b) another place of which the person is the occupier. 18
216 Failure to comply with animal welfare direction 19
A person to whom an animal welfare direction has been given 20
must comply with the direction unless the person has a 21
reasonable excuse. 22
Maximum penalty--100 penalty units or 1 year's 23
imprisonment. 24
Note-- 25
If a corporation commits an offence against this provision, an executive 26
officer of the corporation may be taken, under section 285, to have also 27
committed the offence. 28
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Division 6 Authorised officer's power to 1
destroy animals 2
217 Power of destruction 3
An authorised officer may destroy an animal, or cause it to be 4
destroyed, if-- 5
(a) an authorised officer has seized the animal under this 6
part or the person in charge of the animal has given 7
written consent to the destruction; and 8
(b) the authorised officer reasonably believes that the 9
animal is in pain to the extent that it is cruel to keep it 10
alive. 11
Division 7 Other information-obtaining powers 12
of authorised officers 13
218 Power to require name and address 14
(1) This section applies if an authorised officer-- 15
(a) finds a person committing-- 16
(i) an animal welfare offence; or 17
(ii) another offence against this Act or the Racing Act; 18
or 19
(b) finds a person in circumstances that lead the authorised 20
officer to reasonably suspect the person has just 21
committed-- 22
(i) an animal welfare offence; or 23
(ii) another offence against this Act or the Racing Act; 24
or 25
(c) has information that leads the authorised officer to 26
reasonably suspect a person has just committed-- 27
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(i) an animal welfare offence; or 1
(ii) another offence against this Act or the Racing Act. 2
(2) The authorised officer may require the person to state the 3
person's name and address. 4
(3) The authorised officer may also require the person to give 5
evidence of the correctness of the stated name or address if, in 6
the circumstances, it would be reasonable to expect the person 7
to-- 8
(a) be in possession of evidence of the correctness of the 9
stated name or address; or 10
(b) otherwise be able to give the evidence. 11
(4) When making a personal details requirement, the authorised 12
officer must give the person an offence warning for the 13
requirement. 14
(5) A requirement under this section is a personal details 15
requirement. 16
(6) In this section-- 17
address, of a person, includes the person's residential and 18
business address and, for a person temporarily in Queensland, 19
includes the place where the person is living in Queensland. 20
219 Offence to contravene personal details requirement 21
(1) A person of whom a personal details requirement has been 22
made must comply with the requirement unless the person has 23
a reasonable excuse. 24
Maximum penalty--100 penalty units. 25
(2) A person may not be convicted of an offence under subsection 26
(1) unless the person is found guilty of the offence in relation 27
to which the personal details requirement was made. 28
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220 Power to require production of document 1
(1) An authorised officer may require a person to make available 2
for inspection by an authorised officer, or to produce to the 3
authorised officer for inspection, at a reasonable time and 4
place nominated by the authorised officer-- 5
(a) a document issued to the person under this Act or the 6
Racing Act; or 7
(b) a document required to be kept by the person under this 8
Act or the Racing Act; or 9
(c) if a document or information required to be kept by the 10
person under this Act or the Racing Act is stored or 11
recorded by means of a device--a document that is a 12
clear written reproduction of the stored or recorded 13
document or information. 14
(2) A requirement under subsection (1) is a document production 15
requirement. 16
(3) For an electronic document, compliance with the document 17
production requirement requires the making available or 18
production of a clear written reproduction of the electronic 19
document. 20
(4) The authorised officer may keep the document to copy it. 21
(5) If the authorised officer copies the document, or an entry in 22
the document, the authorised officer may require the person 23
responsible for keeping the document to certify the copy as a 24
true copy of the document or entry. 25
(6) A requirement under subsection (5) is a document 26
certification requirement. 27
(7) The authorised officer must return the document to the person 28
as soon as practicable after copying it. 29
(8) However, if a document certification requirement is made of a 30
person, the authorised officer may keep the document until the 31
person complies with the requirement. 32
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221 Offence to contravene document production requirement 1
(1) A person of whom a document production requirement has 2
been made must comply with the requirement unless the 3
person has a reasonable excuse. 4
Maximum penalty--200 penalty units. 5
(2) It is not a reasonable excuse for a person to fail to comply 6
with a document production requirement on the basis that 7
complying with the requirement might tend to incriminate the 8
person or expose the person to a penalty. 9
Note-- 10
See, however, section 231. 11
(3) The authorised officer must inform the person, in a way that is 12
reasonable in the circumstances-- 13
(a) that the person must comply with the document 14
production requirement even though complying might 15
tend to incriminate the person or expose the person to a 16
penalty; and 17
(b) that, under section 231, there is a limited immunity 18
against the future use of the information or document 19
given in compliance with the requirement. 20
(4) If the person fails to comply with the document production 21
requirement when the authorised officer has failed to comply 22
with subsection (3), the person can not be convicted of the 23
offence against subsection (1). 24
(5) If a court convicts a person of an offence against subsection 25
(1), the court may, as well as imposing a penalty for the 26
offence, order the person to comply with the document 27
production requirement. 28
222 Offence to contravene document certification 29
requirement 30
(1) A person of whom a document certification requirement has 31
been made must comply with the requirement unless the 32
person has a reasonable excuse. 33
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Maximum penalty--200 penalty units. 1
(2) It is not a reasonable excuse for a person to fail to comply 2
with a document certification requirement on the basis that 3
complying with the requirement might tend to incriminate the 4
person or expose the person to a penalty. 5
Note-- 6
See, however, section 231. 7
(3) The authorised officer must inform the person, in a way that is 8
reasonable in the circumstances-- 9
(a) that the person must comply with the document 10
certification requirement even though complying might 11
tend to incriminate the person or expose the person to a 12
penalty; and 13
(b) that, under section 231, there is a limited immunity 14
against the future use of the information or document 15
given in compliance with the requirement. 16
(4) If the person fails to comply with the document certification 17
requirement when the authorised officer has failed to comply 18
with subsection (3), the person can not be convicted of the 19
offence against subsection (1). 20
223 Power to require information 21
(1) This section applies if an authorised officer reasonably 22
believes-- 23
(a) an animal welfare offence, or another offence against 24
this Act or the Racing Act, has been committed; and 25
(b) a person may be able to give information about the 26
offence. 27
(2) The authorised officer may, by notice given to the person, 28
require the person to give the authorised officer information 29
related to the offence at a stated reasonable time and place. 30
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(3) For information that is an electronic document, compliance 1
with the requirement requires the giving of a clear image or 2
written version of the electronic document. 3
(4) In this section-- 4
information includes a document. 5
224 Offence to contravene information requirement 6
(1) A person of whom a requirement is made under section 7
223(2) must comply with the requirement unless the person 8
has a reasonable excuse. 9
Maximum penalty--200 penalty units. 10
(2) It is a reasonable excuse for an individual not to give the 11
information if giving the information might tend to 12
incriminate the individual or expose the individual to a 13
penalty. 14
Part 4 Miscellaneous provisions 15
relating to authorised officers 16
Division 1 Damage 17
225 Duty to avoid inconvenience and minimise damage 18
In exercising a power, an authorised officer must take all 19
reasonable steps to cause as little inconvenience, and do as 20
little damage, as possible. 21
Note-- 22
See also section 227. 23
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226 Notice of damage 1
(1) This section applies if-- 2
(a) an authorised officer damages something when 3
exercising, or purporting to exercise, a power; or 4
(b) a person (the assistant) acting under the direction or 5
authority of an authorised officer damages something. 6
(2) However, this section does not apply to damage the authorised 7
officer reasonably considers is trivial or if the authorised 8
officer reasonably believes-- 9
(a) there is no-one apparently in possession of the thing; or 10
(b) the thing has been abandoned. 11
(3) The authorised officer must give notice of the damage to the 12
person who appears to the authorised officer to be an owner, 13
or person in control, of the thing. 14
(4) However, if for any reason it is not practicable to comply with 15
subsection (3), the authorised officer must-- 16
(a) leave the notice at the place where the damage 17
happened; and 18
(b) ensure it is left in a conspicuous position and in a 19
reasonably secure way. 20
(5) The authorised officer may delay complying with subsection 21
(3) or (4) if the authorised officer reasonably suspects 22
complying with the subsection may frustrate or otherwise 23
hinder the performance of the authorised officer's functions. 24
(6) The delay may be only for so long as the authorised officer 25
continues to have the reasonable suspicion and remains in the 26
vicinity of the place. 27
(7) If the authorised officer believes the damage was caused by a 28
latent defect in the thing or circumstances beyond the control 29
of the authorised officer or the assistant, the authorised officer 30
may state the belief in the notice. 31
(8) The notice must state-- 32
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(a) particulars of the damage; and 1
(b) that the person who suffered the damage may claim 2
compensation under section 227. 3
Division 2 Compensation 4
227 Compensation 5
(1) A person may claim compensation from the commission if the 6
person incurs loss because of the exercise, or purported 7
exercise, of a power by or for an authorised officer including a 8
loss arising from compliance with a requirement made of the 9
person under this chapter. 10
(2) However, subsection (1) does not include loss arising from a 11
lawful forfeiture. 12
(3) Section 225 does not provide for a statutory right of 13
compensation other than is provided by this section. 14
(4) In this section-- 15
loss includes costs and damage. 16
Division 3 Other offences relating to 17
authorised officers 18
228 Giving authorised officer false or misleading information 19
(1) A person must not give an authorised officer information the 20
person knows is false or misleading in a material particular. 21
Maximum penalty--300 penalty units. 22
(2) Subsection (1) applies to information given whether or not the 23
information was given in response to a specific power under 24
this Act. 25
(3) Subsection (1) does not apply to a person if the person, when 26
giving information in a document-- 27
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(a) tells the authorised officer, to the best of the person's 1
ability, how the document is false or misleading; and 2
(b) if the person has, or can reasonably obtain, the correct 3
information--gives the correct information. 4
229 Obstructing authorised officer 5
(1) A person must not obstruct an authorised officer exercising a 6
power, or someone helping an authorised officer exercising a 7
power, unless the person has a reasonable excuse. 8
Maximum penalty--500 penalty units. 9
(2) If a person has obstructed an authorised officer, or someone 10
helping an authorised officer, and the authorised officer 11
decides to proceed with the exercise of the power, the 12
authorised officer must warn the person that-- 13
(a) it is an offence to cause an obstruction unless the person 14
has a reasonable excuse; and 15
(b) the authorised officer considers the person's conduct an 16
obstruction. 17
(3) In this section-- 18
obstruct includes assault, hinder, resist, attempt to obstruct 19
and threaten to obstruct. 20
power means a power under this Act. 21
230 Impersonating authorised officer 22
A person must not impersonate an authorised officer. 23
Maximum penalty--250 penalty units. 24
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Division 4 Other provisions 1
231 Evidential immunity for individuals complying with 2
particular requirements 3
(1) Subsection (2) applies if an individual gives or produces 4
information or a document to an authorised officer under 5
section 198, 221 or 222. 6
(2) Evidence of the information or document, and other evidence 7
directly or indirectly derived from the information or 8
document, is not admissible against the individual in any 9
proceeding to the extent it tends to incriminate the individual, 10
or expose the individual to a penalty, in the proceeding. 11
(3) Subsection (2) does not apply to a proceeding about the false 12
or misleading nature of the information or anything in the 13
document or in which the false or misleading nature of the 14
information or document is relevant evidence. 15
Chapter 6 General 16
Part 1 Offences 17
Division 1 Offences relating to administration 18
of Act 19
232 Definitions for division 20
In this division-- 21
Act document means-- 22
(a) an approval, eligibility certificate, licence, identity card 23
or other authority given under this Act; or 24
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(b) a document issued by or for a racing bookmaker 1
evidencing a bet made with the racing bookmaker. 2
background document means-- 3
(a) an approved form or gaming executive form, completed 4
by a person about the person's business reputation, 5
character, criminal history, current financial position or 6
financial background; or 7
(b) a document accompanying an application for a licence, 8
approval application, approved form or gaming 9
executive form; or 10
(c) the fingerprints of a person obtained by the gaming 11
executive; or 12
(d) another document obtained by the chief executive, 13
gaming executive or the commission, relating to the 14
person's business reputation, character, criminal history, 15
current financial position or financial background. 16
confidential information, about a person, means information 17
about-- 18
(a) the person's business reputation, character, criminal 19
history, current financial position or financial 20
background; or 21
(b) the person if the person is making an application under 22
this Act; or 23
(c) whether the person is an identified participant in a 24
criminal organisation or is an unsuitable corporation. 25
233 Offence to disclose confidential information or copy 26
background document 27
(1) This section applies to a person who-- 28
(a) is or has been engaged in the administration of this Act; 29
or 30
(b) has obtained access to confidential information or a 31
background document about someone else, whether 32
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directly or indirectly, from a person mentioned in 1
paragraph (a). 2
(2) The person must not, without reasonable excuse-- 3
(a) disclose confidential information to anyone else; or 4
(b) copy a background document about someone else 5
acquired by the person; or 6
(c) give access to a background document about someone 7
else. 8
Maximum penalty--100 penalty units. 9
(3) It is a reasonable excuse if-- 10
(a) the person has the written consent of the person to 11
whom the information or background document relates 12
or someone else authorised by the person; or 13
(b) the disclosure is authorised under this Act or another 14
Act; or 15
(c) the disclosure is in compliance with lawful process 16
requiring production of documents or giving evidence 17
before a court; or 18
(d) the disclosure was of a statistical nature that could not 19
reasonably be expected to result in the identification of 20
the person to whom the information relates. 21
(4) Subsection (3)(a) and (d) do not apply if the confidential 22
information relates to whether the person is an identified 23
participant in a criminal organisation or is an unsuitable 24
corporation. 25
(5) In this section-- 26
copy includes make a record. 27
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court includes any tribunal, authority or person having power 1
to require the production of documents or the answering of 2
questions. 3
234 Forgery and uttering Act documents 4
(1) A person must not-- 5
(a) forge an Act document; or 6
(b) knowingly utter an Act document that is forged. 7
Maximum penalty--200 penalty units or 2 years 8
imprisonment. 9
(2) A person must not pretend to be a person named in an Act 10
document, whether or not the person refers to the document. 11
Examples for subsection (2)-- 12
1 If a person steals an authorised officer's identity card, the person 13
must not pretend to be the authorised officer identified in the card. 14
2 A person must not pretend to be an authorised officer by telling 15
someone else that the person is an authorised officer. 16
Maximum penalty--200 penalty units or 2 years 17
imprisonment. 18
(3) In this section-- 19
forge includes counterfeit. 20
235 Making a false statement in application or other 21
document 22
A person must not knowingly make a false statement-- 23
(a) in an application for a licence, application for an 24
eligibility certificate or approval application; or 25
(b) in a document the person is required to keep, or to give 26
to the Minister, the chief executive, the gaming 27
executive, the commission or another person, under this 28
Act. 29
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Maximum penalty--200 penalty units or 2 years 1
imprisonment. 2
Division 2 Offences relating to racing 3
contingencies 4
236 Person must not conduct a racing contingency 5
(1) A person must not conduct a racing contingency. 6
Maximum penalty--200 penalty units. 7
(2) An occupier of a place must not allow a person to conduct a 8
racing contingency at the place. 9
Maximum penalty--200 penalty units. 10
(3) In this section-- 11
conduct, in relation to a racing contingency, includes-- 12
(a) to arrange for a place to be used for the racing 13
contingency; and 14
(b) to advertise or otherwise promote the racing 15
contingency and seek nominations for animals to race; 16
and 17
(c) to arrange for persons to carry on bookmaking at the 18
racing contingency; and 19
(d) to participate in the racing contingency other than 20
merely by being present at the place where the racing 21
contingency is being, or is about to be, held; and 22
(e) to help in any of the activities mentioned in paragraphs 23
(a) to (d). 24
racing contingency means a contest, contingency or event, 25
other than a lawfully held race meeting, in which 2 or more 26
animals compete against each other for the purpose of 27
providing a contest, contingency or event on which bets are 28
made. 29
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[s 237]
Division 3 Offences relating to prohibited 1
things or interfering with licensed 2
animals, persons or things 3
237 Definitions for division 4
In this division-- 5
interfere with, in relation to a licensed animal, licence holder 6
or an official of the commission or a control body, means-- 7
(a) inflict or cause injury to the licensed animal, licence 8
holder or official; or 9
(b) threaten to inflict or cause injury to the licensed animal, 10
licence holder or official; or 11
(c) otherwise affect in a detrimental way the behaviour, 12
performance or physical condition of the licensed 13
animal, licence holder or official. 14
prohibited thing means any of the following-- 15
(a) a drug; 16
(b) a noxious or toxic thing that could be used to affect the 17
behaviour, performance or physical condition of an 18
animal or person; 19
(c) a thing that does, or is designed to do, any of the 20
following and may be used on a licensed animal in a 21
detrimental way-- 22
(i) supply electrical energy or another form of energy; 23
(ii) conduct, discharge or store an electrical charge, 24
current, voltage or another form of energy; 25
(iii) apply, deposit, propel or spray a substance; 26
(d) a hypodermic syringe or needle or other medical or 27
veterinary instrument. 28
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use, a prohibited thing on a licensed animal, means-- 1
(a) to use it on, or administer it to, the animal; or 2
(b) to cause it to be used on, or administered to, the animal. 3
238 Person must not possess prohibited thing at particular 4
places 5
(1) A person must not possess a prohibited thing at any of the 6
following places unless the person has a reasonable excuse-- 7
(a) a licensed venue; 8
(b) a place where a trial is held or to be held; 9
(c) a place used for the purpose of training a licensed 10
animal; 11
(d) a kennel, stable or other place used for sheltering a 12
licensed animal; 13
(e) in or about a vehicle being, or about to be, used to 14
transport a licensed animal; 15
(f) another place where a licensed animal is located. 16
Maximum penalty--400 penalty units or 2 years 17
imprisonment. 18
(2) In this section-- 19
possess, a prohibited thing, means-- 20
(a) have custody of the thing; or 21
(b) have control of it at any place, whether or not someone 22
else has custody of it. 23
239 Person must not use prohibited thing on, or interfere 24
with, a licensed animal 25
(1) A person must not, unless the person has a reasonable 26
excuse-- 27
(a) use a prohibited thing on a licensed animal; or 28
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[s 240]
(b) interfere with a licensed animal. 1
Maximum penalty--600 penalty units or 2 years 2
imprisonment. 3
(2) For a veterinary surgeon, it is a reasonable excuse to use a 4
prohibited thing on, or interfere with, a licensed animal-- 5
(a) to treat a condition or injury of the animal; or 6
(b) to do something else that accords with normal veterinary 7
practice. 8
240 Person must not interfere with licence holder or official of 9
the commission or of a control body 10
(1) A person must not, unless the person has a reasonable excuse, 11
interfere with a licence holder in relation to the licence 12
holder's performance of an activity for which the licence 13
holder is licensed. 14
Maximum penalty--400 penalty units or 2 years 15
imprisonment. 16
(2) A person must not, unless the person has a reasonable excuse, 17
interfere with an official of the commission or of a control 18
body performing a function or exercising a power under this 19
Act or the Racing Act. 20
Maximum penalty--400 penalty units or 2 years 21
imprisonment. 22
Division 4 Unlawful bookmaking, places where 23
betting done unlawfully and other 24
provisions 25
241 Application of division 26
(1) This division does not apply in relation to-- 27
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(a) wagering lawfully conducted under the Wagering Act 1
1998; or 2
(b) betting by and with any 1 of the following persons as 3
part of the person lawfully carrying on bookmaking, or 4
conducting a racing bookmaker's business, at a licensed 5
venue-- 6
(i) a racing bookmaker; 7
(ii) if a racing bookmaker is a corporation--a licensed 8
executive officer of the corporation; 9
(iii) a racing bookmaker's clerk. 10
(2) This division is in addition to, and does not limit, any of the 11
following Acts-- 12
(a) the Charitable and Non-Profit Gaming Act 1999; 13
(b) the Criminal Code; 14
(c) the Wagering Act 1998. 15
242 Unlawful bookmaking other than by racing bookmakers 16
etc. 17
A person must not carry on bookmaking unless the person is 1 18
of the following and lawfully carrying on bookmaking under 19
the relevant racing bookmaker's licence-- 20
(a) a racing bookmaker; 21
(b) if a racing bookmaker is a corporation--a licensed 22
executive officer of the corporation; 23
(c) a racing bookmaker's clerk who carries on bookmaking 24
as part of conducting the racing bookmaker's business. 25
243 Illegal betting place 26
(1) Subject to subsection (2), a place is an illegal betting place if 27
the place is opened, kept or used, wholly or partly, for 1 or 28
more of the following-- 29
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[s 244]
(a) bookmaking by the occupier of the place with someone 1
else; 2
(b) receiving money or other property by or for the occupier 3
of the place as or for consideration for-- 4
(i) any assurance, undertaking, promise or agreement, 5
express or implied, to pay or give money or other 6
property in relation to a race or sporting 7
contingency; or 8
(ii) securing the paying or giving by someone else of 9
money or other property in relation to a race or 10
sporting contingency; 11
(c) the payment or settlement of a bet made in relation to a 12
race or sporting contingency. 13
(2) A place is not an illegal betting place for an activity 14
mentioned in subsection (1) if-- 15
(a) the place is a licensed venue and the activity takes place 16
when-- 17
(i) a control body for a race meeting held at the venue 18
is managing the venue; and 19
(ii) the commission is exercising control at the venue; 20
or 21
(b) the place may be lawfully used under another Act for the 22
activity. 23
(3) This section does not limit section 157. 24
244 Prohibition on opening, keeping, using or promoting an 25
illegal betting place 26
(1) A person must not-- 27
(a) open, keep or use an illegal betting place; or 28
(b) allow a place, of which the person is the occupier, to be 29
opened, kept or used as an illegal betting place, whether 30
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the occupier is or is not present at the time the place is 1
opened, kept or used as an illegal betting place; or 2
(c) help, in any way, in operating an illegal betting place; or 3
Example for paragraph (c)-- 4
A person, or an occupier of a place, may invite someone else to 5
use a service or facility at the illegal betting place. 6
(d) advertise by any means, including electronically, that a 7
place is opened, kept or used, wholly or partly for 8
betting on a race or sporting contingency in Queensland 9
or elsewhere, if that place is an illegal betting place. 10
(2) Subsection (3) applies to each of the following persons-- 11
(a) a person who is an occupier of an illegal betting place; 12
(b) a person who is acting for an occupier of an illegal 13
betting place; 14
(c) a person who is in any way helping in operating an 15
illegal betting place. 16
(3) The person must not, directly or indirectly, receive money or 17
other property-- 18
(a) as a bet on a race or sporting contingency; or 19
(b) as a deposit on a bet on condition of paying or giving 20
money or other property in relation to a race or sporting 21
contingency; or 22
(c) as or for consideration for an assurance, undertaking, 23
promise or agreement, express or implied, to pay or give 24
money or other property in relation to a race or sporting 25
contingency. 26
(4) A person must not give an acknowledgement on the receipt of 27
money or other property, received in a way and for a purpose 28
specified in subsection (3), purporting or intended to entitle 29
the bearer or another person to receive money or other 30
property in relation to a race or sporting contingency. 31
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[s 245]
245 Contravention of s 242 or 244 1
(1) This section applies to a person who contravenes section 242 2
or 244 (a relevant section). 3
(2) The person is liable to-- 4
(a) for a first offence--a maximum penalty of 600 penalty 5
units or 1 year's imprisonment; or 6
(b) for a second offence--a maximum penalty of 1200 7
penalty units or 2 years imprisonment; or 8
(c) for a third or subsequent offence--a maximum penalty 9
of 4000 penalty units or 5 years imprisonment. 10
(3) A person is liable for the penalty under this section-- 11
(a) for a second offence--if the person has been convicted 12
of a single offence against a relevant section or a 13
repealed provision; or 14
(b) for a third or subsequent offence--if the person has been 15
convicted of 2 or more offences against a relevant 16
section or a repealed provision. 17
(4) In this section-- 18
repealed provision means-- 19
(a) the Racing Act, repealed section 321 or 323; or 20
(b) the repealed Racing and Betting Act 1980, section 214, 21
216 or 217. 22
246 Using an illegal betting place 23
A person must not in any way use a service or facility at an 24
illegal betting place, unless the person has a reasonable 25
excuse. 26
Maximum penalty--100 penalty units. 27
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[s 247]
247 Prohibition of betting at public place 1
A person must not bet at a public place unless the betting is 2
lawfully conducted under this Act or another Act. 3
Maximum penalty--100 penalty units. 4
Division 5 Other offences 5
248 Interfering with particular things at licensed venue or 6
places for holding trials 7
(1) This section applies to-- 8
(a) a lighting, power or control system, lure drive, or any 9
other plant or equipment, used in connection with 10
holding a race or trial at a licensed venue or holding a 11
trial at another place; or 12
(b) a course prepared or laid out for holding the race or trial. 13
(2) A person must not interfere with a thing to which this section 14
applies without permission from the responsible person for 15
the licensed venue or place. 16
Maximum penalty--400 penalty units or 2 years 17
imprisonment. 18
(3) In this section-- 19
interfere with, in relation to the operation of plant or 20
equipment or to a course, includes altering, damaging, 21
destroying or removing the plant, equipment or course, or a 22
part of the plant, equipment or course. 23
responsible person, for a licensed venue or a place, means-- 24
(a) for a day on which a race meeting is to be held at the 25
venue or on which a trial is to be held at the place--the 26
control body managing the venue or place; or 27
(b) for another day--the licensed club responsible for the 28
venue or the owner of the place. 29
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[s 249]
249 Attempt to commit offence 1
(1) A person who attempts to commit an animal welfare offence 2
or an offence against this Act commits an offence and, on 3
conviction, is liable to the same penalty as if the person had 4
committed the offence. 5
(2) The Criminal Code, section 4 applies to subsection (1). 6
(3) A person may be convicted of attempting to commit an animal 7
welfare offence or an offence against this Act on a complaint 8
or indictment charging the person with the offence. 9
Note-- 10
See also the Racing Act, section 328. 11
Part 2 Evidentiary and legal 12
proceedings 13
Division 1 Evidence 14
250 Application of division 15
This division applies to a proceeding under this Act. 16
251 Appointments and authority 17
The following must be presumed unless a party to the 18
proceeding, by reasonable notice, requires proof of it-- 19
(a) the appointment of the commissioner, a deputy 20
commissioner or an authorised officer; 21
(b) the power of the chief executive, the gaming executive 22
or a person mentioned in paragraph (a) to do anything 23
under this Act. 24
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252 Evidentiary aids 1
(1) A certificate purporting to be signed by the chief executive or 2
the commissioner stating any of the following matters is 3
evidence of the matter-- 4
(a) a stated document is a decision, direction or notice 5
under this Act; 6
(b) a stated thing is a thing that must or may be included in 7
a register kept under this Act; 8
(c) that a stated document is a document kept under this 9
Act; 10
(d) that a stated document is a copy of, or an extract from or 11
part of, a thing mentioned in paragraph (a) or (b); 12
(e) that on a stated day-- 13
(i) a stated person was given a stated decision, 14
direction or notice under this Act; or 15
(ii) a stated person was the holder of a stated licence, 16
eligibility certificate or approval; or 17
(iii) a stated direction or requirement under this Act 18
was given to or made of a stated person. 19
(2) A document purporting to be signed by a steward who was in 20
charge of a race meeting held by a licensed club and stating 21
any of the following matters is evidence of the matter-- 22
(a) on a stated day, or at a stated place, a race meeting was 23
held or allotted to be held by the club; 24
(b) a stated animal competed in, or had been entered to 25
compete in, a race at the race meeting; 26
(c) the times when, under a direction given by the steward, 27
betting with racing bookmakers could take place at the 28
race meeting. 29
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253 Other evidentiary provisions 1
(1) In support of an allegation in a complaint or indictment about 2
either of the following relating to a place, until the contrary is 3
proved, it is sufficient to prove a bet was made or settled with, 4
or paid to, a person at that place-- 5
(a) that the place stated in the complaint or indictment is an 6
illegal betting place; 7
(b) that a person is conducting bookmaking at the place 8
stated in the complaint or indictment. 9
(2) A statement in a complaint or indictment of 1 or more of the 10
following matters is evidence, for this Act, of the matter or 11
matters-- 12
(a) a place was a public place at a stated time; 13
(b) a particular person was, at a stated time, an occupier of a 14
stated place; 15
(c) a particular person was, at a stated time, a member of or 16
holder of an office in the committee of a stated licensed 17
club or other stated association; 18
(d) on a stated day a race meeting was held, or allotted to be 19
held, at a stated place; 20
(e) an animal known by a stated name competed in, or had 21
been entered to compete in, a race meeting on a stated 22
day. 23
(3) Proof that a place is opened, kept or used wholly or partly for 24
a purpose specified in section 244 is evidence that the place in 25
question is opened, kept or used with the permission of an 26
occupier of the place. 27
(4) A statement in a complaint for an offence against this Act that 28
the matter of the complaint came to the knowledge of the 29
complainant on a stated day is evidence of when the matter 30
came to the complainant's knowledge. 31
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[s 254]
Division 2 Offence proceedings 1
254 Types of offences 2
(1) Subject to subsection (2), an offence against this Act is a 3
simple offence. 4
(2) An offence against section 242 or 244 is an indictable offence 5
that is a misdemeanour. 6
255 Proceedings for indictable offences 7
(1) A proceeding for an indictable offence against this Act may 8
be taken, at the election of the prosecution-- 9
(a) by way of summary proceeding under the Justices Act 10
1886; or 11
(b) on indictment. 12
(2) A magistrate must not hear an indictable offence summarily 13
if-- 14
(a) the defendant asks at the start of the hearing that the 15
charge be prosecuted on indictment; or 16
(b) the magistrate believes the charge should be prosecuted 17
on indictment. 18
(3) If subsection (2) applies-- 19
(a) the magistrate must proceed by way of an examination 20
of witnesses for an indictable offence; and 21
(b) any plea of the person charged, made at the start of the 22
proceeding, must be disregarded; and 23
(c) any evidence brought in the proceeding before the 24
magistrate decided to act under subsection (2) is taken to 25
be evidence in the proceeding for the committal of the 26
person for trial or sentence; and 27
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(d) before committing the person for trial or sentence, the 1
magistrate must make a statement to the person under 2
the Justices Act 1886, section 104(2)(b). 3
256 Limitation on who may summarily hear indictable offence 4
(1) The proceeding must be before a magistrate if it is a 5
proceeding-- 6
(a) for the summary conviction of a person on a charge for 7
an indictable offence; or 8
(b) for an examination of witnesses for a charge for an 9
indictable offence. 10
(2) However, if the proceeding is brought before a justice who is 11
not a magistrate, jurisdiction is limited to taking or making a 12
procedural action or order within the meaning of the Justices 13
of the Peace and Commissioners for Declarations Act 1991. 14
257 Proceedings for simple offences 15
A proceeding for a simple offence against this Act by way of 16
summary proceeding under the Justices Act 1886 must start 17
within the later of the following-- 18
(a) within 1 year after the offence is committed; 19
(b) within 6 months after the offence comes to the 20
complainant's knowledge, but within 2 years after the 21
offence is committed. 22
258 When convictions for offences not receivable in evidence 23
A conviction for an offence against this Act, the Racing Act or 24
the repealed Racing and Betting Act 1980 is not, after 10 years 25
from the date of the conviction, receivable in evidence against 26
a person for the purpose of subjecting the person to an 27
increased penalty or to a forfeiture under this Act. 28
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[s 259]
Division 3 Remedies 1
259 Recovery of seizure, compliance or destruction costs 2
(1) This section applies if the commission has incurred a cost for 3
an authorised officer to do 1 or more of the following acts in 4
relation to an animal-- 5
(a) if the animal has, under chapter 5, part 3, division 3 been 6
seized-- 7
(i) taking possession of, or moving, the animal; or 8
(ii) taking action to restrict access to the animal; or 9
(iii) providing the animal with accommodation, food, 10
rest, water or other living conditions; or 11
(iv) arranging for the animal to receive veterinary or 12
other treatment; 13
(b) if an animal welfare direction given in relation to the 14
animal has not been complied with--taking action to 15
ensure the direction is complied with; 16
(c) if the animal has been destroyed under section 17
217--destroying it. 18
(2) The commission may recover the cost from the animal's 19
owner or former owner if incurring the cost was necessary and 20
reasonable-- 21
(a) in the interests of the animal's welfare or to destroy it; or 22
(b) if the animal has been destroyed under section 217--for 23
the destruction. 24
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(3) However, if a cost mentioned in subsection (1)(a)(iii) or (iv) 1
was for a period during which the animal was retained on the 2
grounds mentioned in section 207(5)(b), it may be recovered 3
only if the animal's retention was reasonably required as 4
evidence. 5
260 Compensation because of animal welfare offence 6
(1) A court may order a person convicted of an animal welfare 7
offence to-- 8
(a) pay compensation to a person who, because of the 9
commission of the offence, has-- 10
(i) suffered damage or loss to property; or 11
(ii) incurred costs in avoiding or minimising, or 12
attempting to avoid or minimise, damage or loss to 13
property; or 14
(b) pay a person an amount for costs incurred by the person 15
in-- 16
(i) taking possession of, or moving, the animal; or 17
(ii) providing it with accommodation, food, rest, water 18
or other living conditions; or 19
(iii) arranging for it to receive veterinary or other 20
treatment. 21
(2) However, an order under subsection (1) can not be made in 22
favour of the commission. 23
261 General provisions for orders about compensation or 24
costs 25
(1) Compensation or costs that may be recovered under section 26
227 or this division may be claimed and ordered in a 27
proceeding-- 28
(a) brought in a court with jurisdiction for the recovery of 29
the amount of compensation claimed; or 30
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[s 262]
(b) for an alleged animal welfare offence, or another alleged 1
offence against this Act or the Racing Act, the 2
investigation of which gave rise to the claim for 3
compensation. 4
(2) A court may order the payment of compensation only if it is 5
satisfied it is just to make the order in the circumstances of the 6
particular case. 7
(3) In considering whether it is just to order compensation, the 8
court must have regard to any relevant offence committed by 9
the claimant. 10
(4) A regulation may prescribe other matters that may, or must, 11
be taken into account by the court when considering whether 12
it is just to order compensation. 13
Division 4 Reviews and appeals for original 14
decisions 15
Subdivision 1 Preliminary 16
262 What is an original decision 17
(1) An original decision is a decision to do any of the 18
following-- 19
(a) refuse to grant or renew a licence; 20
(b) take disciplinary action relating to a licence; 21
(c) take an exclusion action against a person; 22
(d) impose a monetary penalty on a person; 23
(e) impose any other non-monetary penalty on a person; 24
(f) seize, under this Act or a warrant, an animal or other 25
thing, unless the seizure was in a circumstance 26
mentioned in section 205(1)(a) or (b); 27
(g) forfeit, under section 208(1), an animal or other thing; 28
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[s 263]
(h) give an animal welfare direction; 1
(i) another decision prescribed by regulation. 2
(2) However, the following decisions are not original decisions-- 3
(a) a decision relating to the eligibility of an animal to race 4
or the conditions under which an animal can race; 5
Example-- 6
the commission's decision requiring an animal to pass a stated 7
examination or test before being allowed to race 8
(b) a decision cancelling or suspending a licence for an 9
animal, unless the cancellation or suspension relates 10
to-- 11
(i) a decision to take disciplinary action relating to the 12
licence of a licence holder; or 13
(ii) a decision to take an exclusion action, under the 14
control body's rules of racing, against a person; 15
(c) a decision about a protest or objection against placed 16
animals relating to an incident that happened during a 17
race or trial; 18
(d) a decision relating to a dispute between a racing 19
bookmaker and a person who placed a bet with the 20
bookmaker for a race; 21
(e) a decision to stop, restart, rerun, postpone or abandon a 22
race. 23
263 Who is an interested person for an original decision 24
An interested person for an original decision is-- 25
(a) if the original decision is a decision to seize or forfeit an 26
animal or other thing-- 27
(i) a person who has been given, or is entitled to be 28
given, an information notice about the decision; 29
and 30
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(ii) if the decision relates to an animal--the person in 1
charge of the animal; or 2
(b) if the original decision is a decision other than to seize 3
or forfeit an animal or other thing-- 4
(i) for a decision about the grant or refusal of a 5
licence--the applicant for the licence; or 6
(ii) for a decision to give an animal welfare 7
direction-- 8
(A) a person who has been given, or is entitled to 9
be given, an information notice about the 10
decision; and 11
(B) the person in charge of the animal the subject 12
of the animal welfare direction; or 13
(iii) for a decision prescribed by regulation--the person 14
prescribed by regulation for the decision; or 15
(iv) otherwise--the licence holder adversely affected 16
by the original decision. 17
Subdivision 2 Internal reviews 18
264 Review starts with internal review 19
A person may not apply for a review of, or an appeal against, 20
an original decision unless there has been an internal review 21
of the decision. 22
265 Applying for internal review of original decision 23
(1) An interested person for an original decision may apply to the 24
commission for an internal review of the decision. 25
(2) The application must-- 26
(a) be in the approved form; and 27
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(b) include enough information to enable the commission to 1
decide the application; and 2
(c) be made to the commission within 14 days after-- 3
(i) the day the person is given the information notice 4
about the decision; or 5
(ii) if the person is not given an information notice 6
about the decision--the day the person otherwise 7
becomes aware of the decision. 8
(2) The commission may, at any time, extend the time for making 9
an internal review application. 10
266 Staying operation of original decision on internal review 11
(1) The application for an internal review does not stay the 12
original decision. 13
(2) However, the applicant may immediately apply for a stay of 14
the original decision to the relevant body. 15
(3) The relevant body may stay the original decision to secure the 16
effectiveness of the internal review and a later appeal to the 17
court or external review by QCAT. 18
(4) The relevant body may stay the operation of the internal 19
review decision on conditions the relevant body considers 20
appropriate. 21
(5) The stay operates for the period decided by the relevant body. 22
(6) The period of the stay must not extend past the time when the 23
commission makes an internal review decision about the 24
original decision and any later period the relevant body allows 25
the applicant to enable the applicant to appeal against, or 26
apply for an external review of, the internal review decision. 27
(7) An internal review application affects the original decision, or 28
carrying out of the decision, only if the decision is stayed. 29
(8) In this section-- 30
relevant body means-- 31
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[s 267]
(a) for an original decision to seize or forfeit an animal or 1
other thing--the court; or 2
(b) for another original decision--QCAT. 3
267 Reviewing original decision 4
(1) The commission must, within 20 days after receiving an 5
application for internal review of an original decision-- 6
(a) review the original decision; and 7
(b) make a decision (the internal review decision) to-- 8
(i) confirm the original decision; or 9
(ii) amend the original decision; or 10
(iii) substitute another decision for the original 11
decision; and 12
(c) give the applicant a notice (the review notice) advising 13
of the internal review decision. 14
(2) The application may be dealt with only by a person who-- 15
(a) did not make the original decision; and 16
(b) holds a more senior office than the person who made the 17
original decision. 18
(3) Subsection (2)-- 19
(a) applies despite the Acts Interpretation Act 1954, section 20
27A; and 21
(b) does not apply to an original decision made personally 22
by the commissioner. 23
(4) If the internal review decision confirms the original decision, 24
the original decision is taken to be the internal review 25
decision. 26
(5) If the internal review decision amends the original decision, 27
the original decision as amended is taken to be the internal 28
review decision. 29
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(6) If the internal review decision is not the decision sought by the 1
applicant and the original decision is a decision other than to 2
seize or forfeit an animal or other thing, the review notice 3
must comply with the QCAT Act, section 157(2). 4
(7) If the internal review decision is not the decision sought by the 5
applicant and the original decision is a decision to seize or 6
forfeit an animal or other thing, the review notice must state 7
the following information-- 8
(a) the day the notice is given to the applicant; 9
(b) the decision; 10
(c) the reasons for the decision; 11
(d) the applicant has a right to appeal to the court against 12
the decision; 13
(e) how, and the period within which, the applicant may 14
appeal against the decision; 15
(f) how the applicant may apply to the court for a stay of 16
the operation of the decision. 17
(8) If the commission does not give the applicant a review notice 18
within 20 days after receiving the application, the commission 19
is taken to have confirmed the original decision. 20
Subdivision 3 External review 21
268 Applying for external review 22
(1) This section applies to a person who, under section 267(6), 23
must be given a review notice complying with the QCAT Act, 24
section 157(2) for an internal review decision. 25
(2) The person may apply to QCAT, as provided under the QCAT 26
Act, for a review of the internal review decision. 27
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Chapter 6 General
Part 2 Evidentiary and legal proceedings
[s 269]
Note-- 1
The QCAT Act, section 22(3) states that QCAT may stay the operation 2
of the internal review decision, either on application by a person or on 3
its own initiative. 4
Subdivision 4 Appeals 5
269 Appealing internal review decision 6
(1) If an interested person has applied for an internal review of an 7
original decision that is a decision to seize or forfeit an animal 8
or other thing, any interested person for the original decision 9
may appeal to the court against the internal review decision by 10
filing a notice of appeal with the registrar of the court. 11
(2) The notice of appeal must state fully the grounds of the 12
appeal. 13
(3) The person must file the notice of appeal within 28 days after 14
a review notice under section 267(1)(c) about the internal 15
review decision is given to the person. 16
(4) However, the court may, on application, at any time, extend 17
the time for filing the notice of appeal. 18
(5) The person must serve a copy of the notice of appeal, and any 19
application to extend the time for filing a notice of appeal, on 20
the commission. 21
(6) The appeal does not-- 22
(a) affect the operation of the internal review decision; or 23
(b) prevent the internal review decision being implemented. 24
270 Staying operation of internal review decision 25
(1) The court may, by order, stay the operation of the internal 26
review decision to secure the effectiveness of the appeal. 27
(2) The court may stay the operation of the internal review 28
decision on conditions the court considers appropriate. 29
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Chapter 6 General
Part 2 Evidentiary and legal proceedings
[s 271]
(3) The stay operates for the period decided by the court. 1
(4) However, the period of the stay must not extend past the time 2
when the court decides the appeal. 3
271 Powers of court on appeal 4
(1) When deciding an appeal against an internal review decision, 5
the court-- 6
(a) has the same powers as the commission in making the 7
internal review decision; and 8
(b) is not bound by the rules of evidence; and 9
(c) must comply with natural justice. 10
(2) An appeal is by way of rehearing. 11
(3) The court may-- 12
(a) confirm the internal review decision; or 13
(b) substitute another decision for the internal review 14
decision; or 15
(c) set aside the internal review decision and return the 16
matter to the commission with directions the court 17
considers appropriate. 18
272 Effect of court's decision on appeal 19
(1) If the court substitutes another decision for the internal review 20
decision-- 21
(a) the substituted decision is taken to be a decision of the 22
commission; and 23
(b) the commission may give effect to the decision as if-- 24
(i) the decision were the original decision of the 25
commission; and 26
(ii) no application for review or appeal had been made. 27
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Chapter 6 General
Part 2 Evidentiary and legal proceedings
[s 273]
(2) If the court sets aside the internal review decision and returns 1
the matter to the commission with directions, any decision 2
made by the commission in accordance with the directions 3
may not be reviewed or appealed against under this division. 4
273 Particular powers about seizure or forfeiture 5
(1) If the court confirms an internal review decision about 6
forfeiture, it may also give directions about the sale or 7
disposal of the animal or other thing. 8
(2) If the court sets aside an internal review decision about seizure 9
or forfeiture, it may also-- 10
(a) order the return of the animal or other thing; or 11
(b) make another order it considers appropriate for its 12
disposal; or 13
(c) make an order under section 227. 14
(3) However, the court must not order the return to a person of 15
any of the following seized things-- 16
(a) an animal or other thing that may be evidence in a 17
proceeding started in relation to the thing seized; 18
(b) a thing that has been destroyed because it has no 19
intrinsic value; 20
(c) a thing that has been disposed of because it was 21
perishable; 22
(d) a thing the person may not lawfully possess. 23
274 Appeal to District Court 24
An appeal lies to a District Court from a decision of the court, 25
but only on a question of law. 26
Page 185
Racing Integrity Bill 2015
Chapter 7 Miscellaneous provisions
Part 1 Miscellaneous provisions relating to racing and betting
[s 275]
Chapter 7 Miscellaneous provisions 1
Part 1 Miscellaneous provisions 2
relating to racing and betting 3
275 Betting under this Act is lawful 4
(1) If betting on the outcome of a race or sporting contingency is 5
conducted under this Act, the betting is lawful. 6
(2) Subsection (1) does not limit the Wagering Act 1998. 7
276 Time race meeting taken to commence 8
A race meeting, under the management of a control body, is 9
taken to commence at the time that, under the direction of the 10
steward who is in charge of the race meeting, betting with 11
racing bookmakers may commence. 12
277 Void betting contracts etc. 13
Subject to sections 156 and 278-- 14
(a) a contract relating to betting is void; and 15
(b) a promise, whether express or implied, to do any of the 16
following under or in relation to a contract relating to 17
betting is void-- 18
(i) to pay money to a person; 19
(ii) to pay money to a person by way of commission, 20
fee, reward or otherwise; 21
(iii) to pay money to a person for services rendered; 22
and 23
(c) an action may not be brought in a court to recover 24
money or other property-- 25
(i) alleged to be won or lost on a bet; or 26
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Chapter 7 Miscellaneous provisions
Part 2 Other miscellaneous provisions
[s 278]
(ii) given to a person as a stakeholder for an event on 1
which a bet has been made; or 2
(iii) lent or advanced for the purpose of betting. 3
278 Betting and other activities to which s 277 does not apply 4
Section 277 does not apply-- 5
(a) if the betting is conducted under any of the following 6
Acts-- 7
(i) the Casino Control Act 1982; 8
(ii) the Charitable and Non-Profit Gaming Act 1999; 9
(iii) the Gaming Machine Act 1991; 10
(iv) the Interactive Gambling (Player Protection) Act 11
1998; 12
(v) the Keno Act 1996; 13
(vi) the Lotteries Act 1997; 14
(vii) the Wagering Act 1998; or 15
(b) to a subscription or contribution, or agreement to 16
subscribe or contribute, for or to a prize, trophy or 17
amount to be awarded to the winner of a lawful game, 18
sport, pastime or exercise or to a person who receives or 19
holds the subscription or contribution for that purpose. 20
Part 2 Other miscellaneous 21
provisions 22
279 Approved forms 23
The chief executive or the commissioner may approve forms 24
for use under this Act. 25
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Chapter 7 Miscellaneous provisions
Part 2 Other miscellaneous provisions
[s 280]
280 Delegations 1
(1) The Minister may delegate the Minister's powers under this 2
Act to the chief executive or an appropriately qualified 3
person. 4
(2) The chief executive may delegate the following to an 5
appropriately qualified person-- 6
(a) the chief executive's powers under this Act; 7
(b) a power delegated to the chief executive under 8
subsection (1). 9
281 Protection from civil liability 10
(1) This section applies to each of the following persons (a 11
relevant person)-- 12
(a) the commissioner; 13
(b) a deputy commissioner; 14
(c) a steward; 15
(d) if an authorised officer has asked another person to help 16
the officer to exercise a power under this Act and the 17
other person is giving the help--the other person; 18
(e) a person who, under this Act, is required to comply, and 19
is complying, with a direction or requirement under 20
section 192(1) or (2), 197(1), 202(2)(c), 220(1) or 21
223(2). 22
(2) A relevant person does not incur civil liability for engaging, 23
or for the result of engaging, in connection with-- 24
(a) for a relevant person mentioned in subsection (1)(a), (b) 25
or (c)--performing a function or exercising a power; or 26
(b) for a relevant person mentioned in subsection (1)(d) or 27
(e)--giving the help or acting under the direction or 28
requirement. 29
(3) If subsection (2) prevents a civil liability attaching to a 30
relevant person, the liability attaches instead to the State. 31
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Chapter 7 Miscellaneous provisions
Part 2 Other miscellaneous provisions
[s 282]
(4) If liability attaches to the State under subsection (3), the State 1
may recover contribution from the relevant person but only if 2
the conduct was engaged in-- 3
(a) other than in good faith; and 4
(b) with gross negligence. 5
(5) In a proceeding under subsection (4) to recover contribution, 6
the amount of contribution recoverable is the amount found 7
by the court to be just and equitable in the circumstances. 8
(6) This section does not apply to a person who is a State 9
employee under the Public Service Act 2008, section 26B(4) 10
engaging in conduct in an official capacity under section 26C 11
of that Act. 12
Note-- 13
For protection from civil liability in relation to State employees, see the 14
Public Service Act 2008, section 26C. 15
(7) In this section-- 16
civil liability includes liability for the payment of costs 17
ordered to be paid in a proceeding for an offence against this 18
Act. 19
conduct means an act or omission to perform an act. 20
282 Protection from liability for giving information 21
(1) This section applies if a person, acting honestly and in good 22
faith, gives an authorised officer information the person 23
reasonably believes may help with an investigation of an 24
animal welfare offence. 25
Example-- 26
Acting in good faith may include a person choosing a time and a place 27
to give the information to an authorised officer to avoid other people 28
overhearing the information. 29
(2) The person is not liable, civilly, criminally or under an 30
administrative process, for giving the information. 31
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Chapter 7 Miscellaneous provisions
Part 2 Other miscellaneous provisions
[s 283]
(3) Also, merely because the person gives the information, the 1
person can not be held to have-- 2
(a) breached any code of professional etiquette or ethics; or 3
(b) departed from accepted standards of professional 4
conduct. 5
(4) Without limiting subsections (2) and (3)-- 6
(a) in a proceeding for defamation, the person has a defence 7
of absolute privilege for publishing the information; and 8
(b) if the person would otherwise be required to maintain 9
confidentiality about the information under an Act, oath 10
or rule of law or practice, the person-- 11
(i) does not contravene the Act, oath or rule of law or 12
practice by giving the information; and 13
(ii) is not liable to disciplinary action for giving the 14
information. 15
283 Sharing of information by authorised officer 16
(1) Despite section 233, an authorised officer may give 17
information obtained under this Act in the following 18
circumstances-- 19
(a) to a police officer if the authorised officer considers the 20
information will help a police officer in the performance 21
of the police officer's functions in relation to-- 22
(i) an animal; or 23
(ii) an animal welfare offence; 24
(b) to an ACPA authorised person if the authorised officer 25
considers the information will help the ACPA authorised 26
person in the performance of the person's functions 27
under the Animal Care and Protection Act 2001 in 28
relation to-- 29
(i) an animal; or 30
(ii) an animal welfare offence. 31
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Chapter 7 Miscellaneous provisions
Part 2 Other miscellaneous provisions
[s 284]
(2) In this section-- 1
ACPA authorised person means an authorised officer, or 2
inspector, under the Animal Care and Protection Act 2001. 3
284 Interaction with other laws 4
(1) Sections 282 and 283 do not limit a power or obligation under 5
another Act or law to give information about an animal or an 6
animal welfare offence. 7
(2) Sections 282 and 283 apply to information despite any other 8
law that would otherwise prohibit or restrict the giving of the 9
information. 10
Example of another law for subsection (2)-- 11
Police Service Administration Act 1990, section 10.1 12
285 Executive officer may be taken to have committed 13
offence 14
(1) If a corporation commits an offence against section 216, each 15
executive officer of the corporation is taken to have also 16
committed the offence if-- 17
(a) the officer authorised or permitted the corporation's 18
conduct constituting the offence; or 19
(b) the officer was, directly or indirectly, knowingly 20
concerned in the corporation's conduct. 21
(2) The executive officer may be proceeded against for, and 22
convicted of, the offence against section 216 whether or not 23
the corporation has been proceeded against for, or convicted 24
of, the offence. 25
(3) This section does not affect either of the following-- 26
(a) the liability of the corporation for the offence against 27
section 216; 28
(b) the liability, under the Criminal Code, chapter 2, of any 1
person, whether or not the person is an executive officer 2
Page 191
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Chapter 7 Miscellaneous provisions
Part 2 Other miscellaneous provisions
[s 286]
of the corporation, for the offence against section 216. 3
286 Records about drugs and veterinary surgeons 4
(1) The chief executive (health) may give the commission 5
information relating to the following in the possession of the 6
chief executive (health) under the Health Act 1937-- 7
(a) a controlled drug, restricted drug or poison, obtained by 8
a veterinary surgeon; 9
(b) a record a veterinary surgeon is required to keep under 10
that Act about a controlled drug or poison. 11
Note-- 12
See the Health (Drugs and Poisons) Regulation 1996, sections 13
111(1) and 285(1) about records to be kept for controlled drugs 14
and poisons respectively. 15
(2) In this section-- 16
chief executive (health) means the chief executive 17
administering the Health Act 1937. 18
controlled drug see the Health (Drugs and Poisons) 19
Regulation 1996, appendix 9. 20
obtain means acquire, buy, receive or otherwise obtain. 21
poison see the Health (Drugs and Poisons) Regulation 1996, 22
appendix 9. 23
restricted drug see the Health (Drugs and Poisons) 24
Regulation 1996, appendix 9. 25
287 Fees etc. owing to the State are debts 26
All fees and other amounts due and payable under this Act by 27
a person to the State may be recovered as a debt. 28
Page 192
Racing Integrity Bill 2015
Chapter 8 Transitional provisions
Part 1 Purposes and definitions
[s 288]
288 Regulation-making power 1
(1) The Governor in Council may make regulations under this 2
Act. 3
(2) A regulation may make provision with respect to-- 4
(a) the matters to be included in a program to audit the 5
suitability of licensed animals, clubs, participants and 6
venues to continue to be licensed; and 7
(b) the matters to be included in a program for assessing the 8
suitability of control bodies to manage their codes of 9
racing; and 10
(c) the provisions, or provisions of a type, that must be 11
included in the standards for a code of racing; 12
(d) a law of another State as a law about racing or betting; 13
and 14
(e) the fees payable under this Act; 15
(f) imposing a penalty of no more than 20 penalty units for 16
a contravention of a regulation. 17
Chapter 8 Transitional provisions 18
Part 1 Purposes and definitions 19
289 Main purposes 20
The main purposes of this chapter are-- 21
(a) to provide for provisions of this Act, that are 22
substantially the same as particular provisions of the 23
Racing Act 2002 as in force immediately before the 24
commencement, to be dealt with as replacements of the 25
particular provisions; and 26
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Chapter 8 Transitional provisions
Part 1 Purposes and definitions
[s 290]
(b) without limiting paragraph (a), if a matter was dealt with 1
under particular provisions of the Racing Act 2002 as in 2
force immediately before the commencement, to 3
provide for the continuation of the matter under this Act. 4
290 Definitions for chapter 5
(1) In this chapter-- 6
continuing matter means an existing matter under a previous 7
provision in relation to which there is a corresponding 8
provision and that, as stated in section 291(2), is continued in 9
force or to have effect. 10
corresponding provision, for a previous provision, means a 11
provision of this Act that is substantially the same as or 12
equivalent to the previous provision. 13
existing matter, in relation to a previous provision, see section 14
291. 15
made includes given and issued. 16
obligation includes duty. 17
previous, for a stated provision of the unamended Act that 18
includes a number, means the provision of the unamended Act 19
with that number immediately before the commencement. 20
previous provision means any of the following provisions of 21
the unamended Act-- 22
(a) sections 47 to 51; 23
(b) chapter 3, part 2, divisions 2 and 3, part 4 and part 5, 24
division 2; 25
(c) chapter 3A, part 3; 26
(d) chapter 6; 27
(e) chapter 7; 28
(f) section 352. 29
Page 194
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Chapter 8 Transitional provisions
Part 1 Purposes and definitions
[s 290]
protection includes a statement to the effect of any of the 1
following-- 2
(a) that there is no liability; 3
(b) that there is no invalidity; 4
(c) that a person has an entitlement. 5
unamended Act means the Racing Act 2002 as in force 6
immediately before the commencement. 7
(2) A provision of this Act is substantially the same as or 8
equivalent to a previous provision even if, under the provision 9
of this Act, the commission or the commissioner may perform 10
a function or exercise a power and any of the following could 11
have performed the function or exercised the power under the 12
previous provision-- 13
(a) the chief executive; 14
(b) the all-codes board; 15
(c) the Racing Integrity Commissioner; 16
(d) a control body. 17
(3) A provision of this Act is substantially the same as or 18
equivalent to a previous provision even if, under the provision 19
of this Act, an authorised officer may perform a function or 20
exercise a power and any of the following could have 21
performed the function or exercised the power under the 22
previous provision-- 23
(a) a compliance officer; 24
(b) an integrity officer; 25
(c) an authorised officer. 26
Note-- 27
Previous section 261(2) provided that a reference in the 28
unamended Act to an authorised officer is a reference to a 29
compliance officer or an integrity officer. 30
Page 195
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Chapter 8 Transitional provisions
Part 2 General approach for existing matters under previous provisions
[s 291]
Part 2 General approach for existing 1
matters under previous 2
provisions 3
291 Document, action, obligation, right or protection under 4
previous provision 5
(1) This section applies to each of the following matters (each an 6
existing matter)-- 7
(a) a document made or kept under a previous provision if 8
the document continued to have effect or was in force 9
immediately before the commencement; 10
(b) an action done under a previous provision if the action 11
continued to have effect immediately before the 12
commencement; 13
(c) an entity's obligation or right to take action (including a 14
ground for action) under a previous provision if the 15
obligation applied to the entity, or the right to take the 16
action existed, immediately before the commencement; 17
(d) an entity's protection under a previous provision that 18
applied to the entity immediately before the 19
commencement; 20
(2) Subject to a specific provision of this Act about an existing 21
matter in relation to a previous provision, if there is a 22
corresponding provision for the previous provision, the 23
document, action, obligation, right or protection that is the 24
existing matter-- 25
(a) continues in force or to have effect according to its 26
terms; but 27
(b) is taken to have existed or been made, kept, done or 28
applied under the corresponding provision and may be 29
dealt with under this Act. 30
Page 196
Racing Integrity Bill 2015
Chapter 8 Transitional provisions
Part 2 General approach for existing matters under previous provisions
[s 292]
Example for subsection (2)-- 1
An existing appointment of a person as a compliance or integrity officer 2
continues to have effect according to its terms. See also section 292(3). 3
The appointment may be terminated under this Act. Also the 4
commission may issue a new identity card under this Act to the person. 5
(3) Subsection (2)(b) applies whether or not the previous 6
provision refers to the existing matter under a previous 7
provision generally or by reference to the previous provision. 8
(4) This section is subject to the Racing Act, section 493. 9
(5) Part 3 includes examples for this section. 10
Note-- 11
The examples are examples under the Acts Interpretation Act 1954, 12
section 14D. 13
292 Terminology in things mentioned in s 291 14
(1) This section applies to a document (the relevant document) 15
that is-- 16
(a) a document mentioned in section 291(1); or 17
(b) evidence of an existing matter under a previous 18
provision. 19
(2) A reference in the relevant document to an existing matter 20
under a previous provision is to be read, if the context permits 21
and with the necessary changes to terminology, as if the 22
existing matter existed or were made, kept, done, applied or 23
otherwise provided for under this Act. 24
(3) Without limiting subsection (2), it is declared that a reference 25
in a relevant document to-- 26
(a) the appointment of a person as a compliance officer or 27
an integrity officer under previous section 261 is an 28
existing matter under a previous provision; and 29
(b) the necessary changes include that the relevant 30
document is to be read as if the appointment of the 31
Page 197
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Chapter 8 Transitional provisions
Part 2 General approach for existing matters under previous provisions
[s 293]
person were an appointment of the person as an 1
authorised officer under this Act. 2
293 Period stated in previous provision 3
(1) This section applies if, under a previous provision, there was a 4
period for doing something, and the period for doing the thing 5
started but did not finish before the commencement. 6
(2) If there is a corresponding provision to the previous provision 7
and both the corresponding provision and the previous 8
provision provide for the same period, the period for doing the 9
thing continues to have started from when the period started 10
under the previous provision. 11
Examples-- 12
1 See previous section 214 and section 102. 13
2 See previous section 248I and section 147. 14
294 Period or day stated in document given under previous 15
provision 16
(1) This section applies if-- 17
(a) a previous provision provided for a document to be 18
made under it; and 19
(b) there is a corresponding provision to the previous 20
provision; and 21
(c) under the previous provision and before the 22
commencement, a document was given to a person, 23
whether or not the person had received the document 24
before the commencement. 25
(2) If the document stated a period for doing something-- 26
(a) the stated period continues to apply for doing the thing; 27
and 28
(b) the period continues to have started from when the 29
period started under the previous provision. 30
Page 198
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Chapter 8 Transitional provisions
Part 3 Examples of continuing matters for previous provisions
[s 295]
(3) If the document stated a day before which, or by which, a 1
thing is to be done (however expressed), the thing must be 2
done by the stated day. 3
(4) If the previous provision and corresponding provision 4
provided that, if the thing were not done by the end of the 5
stated period, the person is liable for an offence for the failure 6
or may be subject to a penalty for the failure, the person does 7
not commit an offence until the stated period ends. 8
295 Action happening before commencement may be 9
relevant to proceeding for particular acts or omissions 10
(1) Despite the Acts Interpretation Act 1954, section 20C, an 11
existing matter under a previous provision is not precluded 12
from having relevance to-- 13
(a) an act or omission that happened before the 14
commencement constituting grounds for suspending or 15
cancelling a licence under this Act; or 16
(b) a proceeding relating to a contravention of a provision 17
of this Act involving an act or omission that happened 18
after the commencement. 19
(2) In this section-- 20
contravention includes an alleged contravention. 21
Part 3 Examples of continuing 22
matters for previous provisions 23
296 Examples for previous ss 47-51 24
The following are examples of continuing matters dealt with 25
under previous sections 47 to 51-- 26
Page 199
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Chapter 8 Transitional provisions
Part 3 Examples of continuing matters for previous provisions
[s 297]
(a) an investigation of a control body as mentioned in 1
previous section 47 or a control body associate as 2
mentioned in previous section 48; 3
(b) a notice given to a control body or control body 4
associate as mentioned in previous section 49; 5
(c) a request given to the police commissioner as mentioned 6
in previous section 51. 7
297 Examples for previous ch 3, pt 2, divs 2 and 3, pt 4 and pt 8
5, div 2 9
(1) The following are examples of continuing matters dealt with 10
under previous chapter 3, part 2, division 2 or 3, part 4 or part 11
5, division 2-- 12
(a) a policy for a code of racing, or provisions of a policy, to 13
the extent the policy or provisions are for a licensing 14
scheme as mentioned in previous chapter 3, part 2, 15
division 2; 16
(b) an application for a licence as mentioned in previous 17
section 88 that has not be granted or refused before the 18
commencement; 19
(c) an action or obligation that is relevant to a ground for 20
suspending or cancelling a licensed club's licence as 21
mentioned in previous section 101; 22
(d) a show cause notice given to a licensed club as 23
mentioned in previous section 102; 24
(e) the obligation to consider all written representations in 25
relation to a show cause notice as mentioned in previous 26
section 103(2); 27
(f) an information notice given to a licensed club about the 28
suspension of its licence as mentioned in previous 29
section 104 or the censure of it as mentioned in previous 30
section 105; 31
Page 200
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Chapter 8 Transitional provisions
Part 3 Examples of continuing matters for previous provisions
[s 298]
(g) a direction to rectify a matter as mentioned in previous 1
section 106 and an obligation to comply with a direction 2
as mentioned in previous section 106(5); 3
(h) an information notice given to a licensed club about the 4
suspension or cancellation of its licence as mentioned in 5
previous section 107. 6
(2) For subsection (1)(a), a policy or provisions of a policy 7
mentioned in that paragraph are taken to be standards made 8
under this Act. 9
(3) For subsection (1)(b), the application for a licence is taken to 10
have been made to the commission and, for that purpose, the 11
control body to which the application was made must give the 12
commission the application and any document or information 13
relevant to the application. 14
298 Examples for previous ch 3A, pt 3 15
The following are examples of continuing matters dealt with 16
under previous chapter 3A, part 3-- 17
(a) a notice requiring a person to attend to answer questions 18
relevant to an audit or investigation as mentioned in 19
previous section 113AU; 20
(b) a notice requiring a person to give information or 21
produce a document or thing as mentioned in previous 22
section 113AV; 23
(c) an obligation applying to a person given a notice under 24
previous section 113AU or 113AV, or appearing as a 25
witness at an audit or investigation, as mentioned in 26
previous section 113AW. 27
299 Examples for previous ch 6 28
The following are examples of continuing matters dealt with 29
under previous chapter 6-- 30
Page 201
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Chapter 8 Transitional provisions
Part 3 Examples of continuing matters for previous provisions
[s 299]
(a) an application for an eligibility certificate as mentioned 1
in previous section 207(1) that has not been granted or 2
refused before the commencement, including-- 3
(i) a consent for a matter mentioned in previous 4
section 207(2)(b) or (c); and 5
(ii) an agreement to obtain a consent as mentioned in 6
previous section 207(2)(d); 7
(b) a notice given to an applicant for an eligibility 8
certificate, requiring the applicant to give the gaming 9
executive further information or a document about the 10
application, as mentioned in previous section 208; 11
(c) an obligation or power to cause the taking of 12
fingerprints as mentioned in previous section 209; 13
(d) an obligation under previous section 210 to consider an 14
application for an eligibility certificate and either grant 15
or refuse to grant the application; 16
(e) a request to the police commissioner about a person as 17
mentioned in previous section 212A, or for a written 18
report as mentioned in previous section 213, and the 19
obligation of the police commissioner to comply with 20
the request; 21
(f) a notice given as mentioned in previous section 214 or 22
215 requiring a business associate, executive associate 23
or control body to give the gaming executive 24
information or a document the gaming executive 25
believes is relevant to an investigation and the obligation 26
to comply with the notice; 27
(g) an eligibility certificate given by the gaming executive, 28
or an information notice about the decision to refuse to 29
grant an application for an eligibility certificate, as 30
mentioned in previous section 217; 31
(h) the approval of an audit program for investigating 32
certificate holders as mentioned in previous section 223; 33
Page 202
Racing Integrity Bill 2015
Chapter 8 Transitional provisions
Part 3 Examples of continuing matters for previous provisions
[s 299]
(i) an investigation of a certificate holder or a business 1
associate or executive associate under previous section 2
224 or 225, including a request to the police 3
commissioner and an obligation by the police 4
commissioner to comply with the request, as mentioned 5
in those previous sections and previous section 227; 6
(j) a notice given under previous section 226 or 228 and the 7
obligation to comply with a requirement in the notice as 8
mentioned in previous section 229; 9
(k) a ground for cancelling an eligibility certificate as 10
mentioned in previous section 230, a show cause notice 11
relating to a ground as mentioned in previous section 12
231 and the obligation to consider all written 13
representations in relation to the show cause notice as 14
mentioned in previous section 233; 15
(l) an information notice about the cancellation of an 16
eligibility certificate given to a certificate holder as 17
mentioned in previous section 230A or 236 or the 18
censure of the holder as mentioned in previous section 19
235(4); 20
(m) an obligation to return an eligibility certificate, or to 21
give the gaming executive a statutory declaration, as 22
mentioned in previous section 237; 23
(n) an obligation to destroy an individual's fingerprints as 24
mentioned in previous section 241; 25
(o) the right to apply for a review of a gaming executive's 26
decision as mentioned in previous section 242 and the 27
procedures applicable to the review as mentioned in 28
previous section 242A including protections mentioned 29
in that previous section; 30
(p) an application for an offcourse approval as mentioned in 31
previous section 243 that has not been granted or 32
refused before the commencement, a notice requesting 33
further information or a document to decide the 34
application as mentioned in previous section 244 or 245 35
and a notice asking an applicant to review an 36
Page 203
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Chapter 8 Transitional provisions
Part 3 Examples of continuing matters for previous provisions
[s 299]
undertaking that accompanied an application as 1
mentioned in previous section 246; 2
(q) a notice of a decision about an application for an 3
offcourse approval as mentioned in previous section 4
248B; 5
(r) a ground for cancelling a bookmaker's offcourse 6
approval as mentioned in previous section 248C, a show 7
cause notice relating to a ground as mentioned in 8
previous section 248D and the obligation to consider all 9
representations in relation to the show cause notice as 10
mentioned in previous section 248F; 11
(s) a notice about the decision to cancel a bookmaker's 12
offcourse approval given to the bookmaker as mentioned 13
in previous section 248H and the obligation to comply 14
with a direction to return the offcourse approval as 15
mentioned in previous section 248I; 16
(t) an information notice about the censure of a racing 17
bookmaker as mentioned in previous section 248K or 18
the immediate suspension of an offcourse approval as 19
mentioned in previous section 248M; 20
(u) an approval of a telecommunications system and the 21
making of a bet, a consent to a recording of a betting 22
transaction and the confirmation of the transaction, as 23
mentioned in previous section 249(1); 24
(v) a direction for an independent audit of a 25
telecommunications system and a requirement to give 26
the Minister the results of the audit, as mentioned in 27
previous section 249(3); 28
(w) a declaration of sporting contingency as mentioned in 29
previous section 255 that has not happened before the 30
commencement; 31
(x) an application to authorise a person to act as a racing 32
bookmaker's agent by carrying on bookmaking as the 33
racing bookmaker for a period as mentioned in previous 34
section 256 and an authority granted under that section; 35
Page 204
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Chapter 8 Transitional provisions
Part 3 Examples of continuing matters for previous provisions
[s 300]
(y) an obligation to give notice about a licensing, a refusal 1
to licence or the exercising of disciplinary action as 2
mentioned in previous section 257 or the power to give 3
information as mentioned in previous section 258; 4
(z) a delegation as mentioned in previous section 259 and 5
an approval of forms as mentioned in previous section 6
260. 7
300 Examples for previous ch 7 8
The following are examples of continuing matters dealt with 9
under previous chapter 7-- 10
(a) subject to section 292(3), the appointment of a person as 11
a compliance officer or an integrity officer as mentioned 12
in previous section 261, including conditions stated in 13
the officer's instrument of appointment or a signed 14
notice given to the officer as mentioned in previous 15
section 263; 16
Note-- 17
Previous section 261(2) provided that a reference in the 18
unamended Act to an authorised officer is a reference to a 19
compliance officer or an integrity officer. 20
(b) an identity card that was issued to a person mentioned in 21
paragraph (a) under previous section 264; 22
(c) an application for a warrant as mentioned in previous 23
section 273 or 275 that has not been granted or refused 24
before the commencement, and a warrant issued by a 25
magistrate under previous section 274 or a special 26
warrant issued under previous section 275; 27
(d) the seizure of a thing before the commencement as 28
mentioned in previous chapter 7, part 2, division 4 and 29
obligations under that division for not tampering, or 30
attempting to tamper, with a thing, or something 31
restricting access to a thing, seized before the 32
commencement, or for returning a thing seized before 33
the commencement; 34
Page 205
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Chapter 8 Transitional provisions
Part 4 Other matters
[s 301]
(e) the entitlement to be paid reasonable compensation as 1
mentioned in previous section 309 in relation to loss or 2
damage that happened before the commencement. 3
Part 4 Other matters 4
301 Licences and other documents under policies 5
(1) This section applies to-- 6
(a) a control body's policy for a licensing scheme for a code 7
of racing as in force immediately before the 8
commencement; and 9
(b) a current licence granted by the control body for the 10
code of racing under the policy; and 11
(c) any of the following in relation to the current licence-- 12
(i) a document that continued to have effect or was in 13
force immediately before the commencement; 14
(ii) an action done in relation to the current licence if 15
the action continued to have effect immediately 16
before the commencement; 17
(iii) an entity's obligation or right to take action 18
(including a ground for action) in relation to the 19
current licence if the obligation applied to the 20
entity, or the right to take the action existed, 21
immediately before the commencement; 22
(iv) an entity's protection in relation to the current 23
licence that applied to the entity immediately 24
before the commencement. 25
(2) The current licence continues to have effect for the code of 26
racing to the same extent as it did under the unamended Act. 27
Page 206
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Chapter 8 Transitional provisions
Part 5 Regulation-making power for transitional purposes
[s 302]
(3) The document, action, obligation, right or protection in 1
relation to the licence as mentioned in subsection (1)(c) 2
continues in force or to have effect. 3
(4) For this section, a reference to a control body in the policy for 4
the licensing scheme, the current licence or the document, 5
action, obligation, right or protection in relation to the licence 6
is to be taken as a reference to the commission. 7
(5) In this section-- 8
current licence means a licence granted under a policy that, 9
before the commencement, has not ended under the policy and 10
includes a licence that is suspended. 11
302 Offences before commencement 12
The Racing Act, section 493 does not limit the application of 13
section 295(1)(b), including, for example, if an offence 14
against this Act is a continuing offence and involves an act or 15
omission that happened before the commencement. 16
303 Acts Interpretation Act 1954, s 20 not limited 17
This chapter does not limit the Acts Interpretation Act 1954, 18
section 20. 19
Part 5 Regulation-making power for 20
transitional purposes 21
304 Transitional regulation-making power 22
(1) A regulation (a transitional regulation) may make provision 23
of a saving or transitional nature about any matter-- 24
Page 207
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 1 Amendment of this Act
[s 305]
(a) for which it is necessary to make provision to allow or to 1
facilitate the doing of anything to achieve the transition 2
from the previous provisions to this Act; and 3
(b) for which this Act does not provide or sufficiently 4
provide. 5
(2) A transitional regulation may have retrospective operation to a 6
day that is not earlier than the commencement. 7
(3) A transitional regulation must declare it is a transitional 8
regulation. 9
(4) This part and any transitional regulation expire 1 year after the 10
commencement. 11
(5) The Acts Interpretation Act 1954, section 20A, as applied 12
under the Statutory Instruments Act 1992, section 14, applies 13
in relation to the expiry. 14
Chapter 9 Amendment of Acts 15
Part 1 Amendment of this Act 16
305 Act amended 17
This part amends this Act. 18
306 Amendment of long title 19
Long title, from ', and to amend'-- 20
omit. 21
Page 208
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 2 Amendment of Animal Care and Protection Act 2001
[s 307]
Part 2 Amendment of Animal Care 1
and Protection Act 2001 2
307 Act amended 3
This part amends the Animal Care and Protection Act 2001. 4
308 Amendment of s 7 (Relationship with certain other Acts) 5
Section 7(1)-- 6
insert-- 7
(c) the Racing Integrity Act 2015. 8
309 Replacement of s 115 (Functions) 9
Section 115-- 10
omit, insert-- 11
115 Functions 12
(1) The functions of an inspector are to investigate 13
and enforce compliance with the following-- 14
(a) this Act; 15
(b) the Racing Integrity Act 2015, section 216; 16
(c) the Criminal Code, section 242 or 468. 17
(2) To remove any doubt, it is declared that the 18
functions relating to investigating and enforcing 19
compliance with this Act include investigating 20
whether a person lawfully is doing or has done an 21
act, or lawfully is making or has made an 22
omission, authorised under an Act mentioned in 23
section 7(1). 24
310 Insertion of new s 215A 25
After section 215-- 26
Page 209
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 2 Amendment of Animal Care and Protection Act 2001
[s 310]
insert-- 1
215A Protection from liability for giving 2
information 3
(1) This section applies if a person, acting honestly 4
and in good faith, gives an inspector information 5
the person reasonably believes may help with an 6
investigation of an animal welfare offence. 7
Example-- 8
Acting in good faith may include a person choosing a 9
time and a place to give the information to an inspector 10
to avoid other people overhearing the information. 11
(2) The person is not liable, civilly, criminally or 12
under an administrative process, for giving the 13
information. 14
(3) Also, merely because the person gives the 15
information, the person can not be held to have-- 16
(a) breached any code of professional etiquette 17
or ethics; or 18
(b) departed from accepted standards of 19
professional conduct. 20
(4) Without limiting subsections (2) and (3)-- 21
(a) in a proceeding for defamation, the person 22
has a defence of absolute privilege for 23
publishing the information; and 24
(b) if the person would otherwise be required to 25
maintain confidentiality about the 26
information under an Act, oath or rule of 27
law or practice, the person-- 28
(i) does not contravene the Act, oath or 29
rule of law or practice by giving the 30
information; and 31
(ii) is not liable to disciplinary action for 32
giving the information. 33
Page 210
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 2 Amendment of Animal Care and Protection Act 2001
[s 310]
215B Sharing of information by authorised officer 1
or inspector 2
(1) Despite section 85, an authorised officer or 3
inspector may give information obtained under 4
this Act in the following circumstances-- 5
(a) to a police officer if the authorised officer or 6
inspector reasonably believes the 7
information will help a police officer in the 8
performance of the police officer's functions 9
in relation to-- 10
(i) an animal; or 11
(ii) an animal welfare offence; 12
(b) to a RIA authorised officer if the authorised 13
officer or inspector reasonably believes the 14
information will help an RIA authorised 15
officer in the performance of the officer's 16
functions under the Racing Integrity Act 17
2015 in relation to-- 18
(i) an animal; or 19
(ii) an animal welfare offence. 20
(2) In this section-- 21
RIA authorised officer means an authorised 22
officer under the Racing Integrity Act 2015. 23
215C Interaction with other laws 24
(1) Sections 215A and 215B do not limit a power or 25
obligation under another Act or law to give 26
information about an animal or an animal welfare 27
offence. 28
(2) Sections 215A and 215B apply to information-- 29
(a) despite any other law that would otherwise 30
prohibit or restrict the giving of the 31
information; and 32
Page 211
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 311]
(b) whenever the information was obtained 1
including before the commencement. 2
Example of another law for paragraph (a)-- 3
Police Service Administration Act 1990, section 10.1 4
311 Amendment of schedule (Dictionary) 5
Schedule, definition animal welfare offence-- 6
insert-- 7
(c) the Racing Integrity Act 2015, section 216. 8
Part 3 Amendment of Racing Act 2002 9
312 Act amended 10
This part amends the Racing Act 2002. 11
Note-- 12
See also the amendments in schedule 2, part 1. 13
313 Amendment of long title 14
Long title, from 'for the'-- 15
omit, insert-- 16
for the management, operation, development and 17
promotion of the racing industry in Queensland 18
314 Replacement of s 4 (Main purposes of Act and how they 19
generally are achieved) 20
Section 4-- 21
omit, insert-- 22
Page 212
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 315]
4 Main purpose of Act 1
(1) The main purpose of this Act is to provide for 2
control bodies to manage, operate, develop and 3
promote codes of racing in a way that ensures 4
public confidence in the racing industry in 5
Queensland. 6
(2) The main purpose is primarily achieved through 7
the establishment of-- 8
(a) the Racing Queensland Board for the 9
thoroughbred, harness and greyhound codes 10
of racing; and 11
(b) a process by which an eligible corporation 12
may be approved as a control body for 13
another code of racing; and 14
(c) a framework for how all control bodies are 15
to undertake the management, operation, 16
development and promotion of codes of 17
racing; and 18
(d) a cooperative approach among entities under 19
this Act with the commission. 20
315 Omission of s 6 (Betting under this Act is lawful) 21
Section 6-- 22
omit. 23
316 Omission of ch 2, pt 1 24
Chapter 2, part 1-- 25
omit. 26
317 Replacement of ch 2, pt 1A, hdg, div 1, hdg and s 9AA 27
Chapter 2, part 1A, heading, division 1, heading and section 28
9AA-- 29
Page 213
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 318]
omit, insert-- 1
Part 1A Racing Queensland 2
Board 3
Division 1 Establishment of board 4
and its status 5
9AA Racing Queensland Board 6
The Queensland All Codes Racing Industry Board, 7
formerly established under this Act, is continued in 8
existence under this Act under the name Racing 9
Queensland Board. 10
318 Replacement of ch 2, pt 1A, div 2, hdg and ss 9AD-9AG 11
Chapter 2, part 1A, division 2, heading and sections 9AD to 12
9AG-- 13
omit, insert-- 14
9ACA Nature of board 15
The board is not a body corporate and does not 16
represent the State. 17
Division 2 Board's functions and 18
powers 19
9AD Functions of board 20
(1) The primary function of the board is to be the 21
control body in relation to each of the board 22
codes of racing and, as stated in section 33, to 23
manage its codes of racing. 24
(2) The board must perform its primary function in a 25
way that is in the best interests of the board codes 26
of racing collectively while having regard to the 27
interests of each individual code. 28
Page 214
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 318]
(3) The primary function includes, but is not limited 1
to, each of the following matters relevant to the 2
board codes of racing collectively and 3
individually-- 4
(a) identifying, assessing and developing 5
responses to strategic issues, including 6
challenges relevant to each code and all the 7
board codes of racing; 8
(b) leading and undertaking negotiations with 9
other entities about the strategic issues, and 10
about agreements, that affect each code and 11
all the board codes of racing; 12
(c) identifying priorities for major capital 13
expenditure for each code and all the board 14
codes of racing; 15
(d) developing and implementing plans and 16
strategies for developing, promoting and 17
marketing each code and all the board codes 18
of racing; 19
(e) making recommendations to the Minister as 20
it considers appropriate; 21
(f) working collaboratively with the 22
commission and others to ensure the 23
integrity of the racing industry in 24
Queensland; 25
(g) considering a matter referred to the board by 26
the Minister and reporting to the Minister 27
about the matter. 28
9AE Powers of board 29
(1) The board has-- 30
(a) the powers mentioned in section 34 as the 31
control body for each board code of racing; 32
and 33
Page 215
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 318]
(b) the powers stated in subsection (2); and 1
(c) the powers to do anything else necessary or 2
convenient for performing its primary 3
function or otherwise to discharge an 4
obligation imposed on the board under this 5
Act or another Act. 6
(2) The board has the powers of an individual and 7
may, for example-- 8
(a) enter into contracts and agreements; and 9
(b) acquire, hold, deal with or dispose of 10
property; and 11
(c) engage consultants or contractors; and 12
(d) appoint agents and attorneys; and 13
(e) employ staff. 14
(3) Subject to section 9AD(2), if a provision of this 15
Act states that a control body-- 16
(a) must exercise a power in relation to a code 17
of racing, the board must exercise the power 18
for each board code of racing individually; 19
and 20
(b) may exercise a power in relation to a code of 21
racing, the board may exercise the power for 22
each board code of racing individually. 23
9AG Board to pay amount of net UBET product fee 24
as prize money each year or otherwise use 25
amount 26
(1) The board must pay an amount that is at least 27
5.32% of its net UBET product fee for each year 28
as prize money for non-UBET thoroughbred 29
races conducted during that year by non-UBET 30
thoroughbred clubs. 31
Page 216
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 318]
(2) If the board has not paid an amount that is at least 1
5.32% of its net UBET product fee for a year as 2
required under subsection (1), the board must use 3
the shortfall amount for the year in the following 4
year to support non-UBET thoroughbred racing. 5
Example of use of the shortfall amount for supporting 6
non-UBET thoroughbred racing-- 7
carrying out maintenance at a non-UBET 8
thoroughbred club 9
(3) To remove any doubt, it is declared that-- 10
(a) subsections (1) and (2) do not prevent the 11
board-- 12
(i) paying more than 5.32% of its net 13
UBET product fee for a year as prize 14
money for non-UBET thoroughbred 15
races conducted by non-UBET 16
thoroughbred clubs in the year; or 17
(ii) using an amount, that is more than the 18
shortfall amount for a year, in the 19
following year to support non-UBET 20
thoroughbred racing; and 21
(b) an amount used as the shortfall amount for a 22
year is not to be included when working out 23
the amount of prize money for non-UBET 24
thoroughbred races conducted by 25
non-UBET thoroughbred clubs in the 26
following year. 27
(4) In this section-- 28
net UBET product fee, in relation to a control 29
body, means the amount of the product fee paid 30
to the control body less the following amounts-- 31
(a) an amount paid by the control body to 32
Queensland Race Product Co Ltd ACN 081 33
743 722 for administrative costs; 34
Page 217
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 319]
(b) an amount paid by the control body to the 1
commission for the provision of integrated 2
scientific and professional services. 3
non-UBET thoroughbred club means a club for 4
which UBET does not, or is unlikely to, offer 5
wagering on the majority of the club's races of 6
thoroughbred horses. 7
non-UBET thoroughbred race means a race of 8
thoroughbred horses on which UBET does not, 9
or is unlikely to, offer wagering. 10
product fee means the product fee under the 11
Queensland Product and Program Deed entered 12
into by TattsBet Limited ACN 085 691 738 and 13
the Queensland All Codes Racing Board, that 14
came into effect on 1 July 2014. 15
Note-- 16
On 1 April 2015, the name of TattsBet Limited was 17
changed to UBET Qld Limited. 18
shortfall amount, for a year, means the amount 19
worked out using the formula-- 20
F-P 21
where-- 22
F means the amount that is 5.32% of the net 23
UBET product fee for the year. 24
P means the amount paid by the board as prize 25
money for non-UBET thoroughbred races 26
conducted by non-UBET thoroughbred clubs in 27
the year. 28
year means a financial year. 29
319 Replacement of ss 9AI and 9AJ 30
Sections 9AI and 9AJ-- 31
omit, insert-- 32
Page 218
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 319]
9AI Members 1
(1) The board consists of the following 7 members 2
appointed by the Governor in Council-- 3
(a) 4 members appointed as mentioned in 4
section 9AJ(1) (each of whom is a 5
non-industry member); 6
(b) 3 members appointed as mentioned in 7
section 9AJ(2) (each of whom is a 8
racing-industry member). 9
(2) A member is to be appointed for a term of not 10
more than 3 years. 11
(3) A person appointed as a member may be 12
reappointed. 13
9AJ Appointment to board 14
(1) The Governor in Council may appoint a person 15
as a non-industry member only if the person-- 16
(a) is, on the day of the appointment, an eligible 17
individual and was, for 2 years before that 18
day, an eligible individual; and 19
(b) is suitable to be appointed to the board; and 20
(c) has skills and experience in 1 or more of the 21
following areas in a way that will 22
complement the skills and experience of the 23
other non-industry members so that, as a 24
group, the non-industry members have skills 25
and experience in all the areas-- 26
(i) accounting; 27
(ii) animal welfare; 28
(iii) business; 29
(iv) commercial and marketing 30
development; 31
Page 219
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 320]
(v) law. 1
(2) The Governor in Council may appoint a person 2
as a racing-industry member only if the person-- 3
(a) is, on the day of the appointment, an eligible 4
individual; and 5
(b) is suitable to be appointed to the board; and 6
(c) has skills and experience in at least 1 of the 7
board codes of racing. 8
(3) For making a decision about a person's suitability 9
to be appointed to the board, the Governor in 10
Council must have regard to each of the 11
following matters-- 12
(a) the person's character or business 13
reputation; 14
(b) the person's current financial position and 15
financial background; 16
(c) the person's background. 17
(4) The instrument of appointment of a person as a 18
racing-industry member must state the board 19
code of racing that the person is to represent. 20
320 Amendment of s 9AK (Vacancy in member's office) 21
(1) Section 9AK(1), 'of the all-codes board'-- 22
omit. 23
(2) Section 9AK(1)(a)-- 24
omit. 25
(3) Section 9AK(1)(d)-- 26
omit, insert-- 27
(d) the member is absent, without reasonable 28
cause, from 3 consecutive meetings of the 29
board after being given notice of the 30
Page 220
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 321]
meeting and, within 6 weeks after the last of 1
those meetings, is not excused by the board 2
for the 3 absences; or 3
(4) Section 9AK(1)(b) to (e)-- 4
renumber as section 9AK(1)(a) to (d). 5
(5) Section 9AK(2), 'of the all-codes board from office as 6
member' 7
omit, insert-- 8
from office as a member 9
321 Amendment of s 9AL (Chairperson and deputy 10
chairperson of all-codes board) 11
(1) Section 9AL, heading, 'of all-codes board'-- 12
omit. 13
(2) Section 9AL(1) and (2)-- 14
omit, insert-- 15
(1) The Governor in Council must appoint 1 of the 16
non-industry members as the chairperson of the 17
board. 18
(2) The Governor in Council must appoint 1 of the 19
non-industry members as the deputy chairperson 20
of the board. 21
(3) Section 9AL(3), 'of the all-codes board'-- 22
omit. 23
322 Amendment of s 9AS (Quorum) 24
Section 9AS, from 'all-codes', first mention-- 25
omit, insert-- 26
board is at least 4 members. 27
Page 221
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 323]
323 Amendment of s 9AT (Presiding at meetings) 1
(1) Section 9AT(1), 'of the all-codes board' to 'board at'-- 2
omit, insert-- 3
presides at all meetings of the board at 4
(2) Section 9AT-- 5
insert-- 6
(3) If both the chairperson and deputy chairperson 7
are absent from a meeting, including because of a 8
vacancy in an office of chairperson or deputy 9
chairperson, the non-industry board member 10
chosen by the members present is to preside at 11
the meeting. 12
324 Amendment of s 9AU (Conduct of meetings) 13
(1) Section 9AU(1), (3) and (5), 'all-codes'-- 14
omit. 15
(2) Section 9AU(2), 'of the all-codes board'-- 16
omit. 17
(3) Section 9AU(4), 'chairperson of the all-codes board'-- 18
omit, insert-- 19
person who, under section 9AT, is presiding at the 20
meeting 21
325 Amendment of s 9AZ (Chief executive officer of all-codes 22
board) 23
(1) Section 9AZ, heading, 'all-codes'-- 24
omit. 25
(2) Section 9AZ(1) and (2), 'all-codes'-- 26
omit. 27
Page 222
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 326]
(3) Section 9AZ(3)(a)-- 1
omit. 2
(4) Section 9AZ(3)(b), 'all-codes'-- 3
omit. 4
(5) Section 9AZ(3)(c)-- 5
omit, insert-- 6
(c) is, on the day of the appointment, an eligible 7
individual; and 8
(6) Section 9AZ(3)(f)-- 9
omit, insert-- 10
(f) is not, on the day of the appointment, and 11
was not, for 2 years before that day, a 12
member, commissioner, deputy 13
commissioner or employee of the 14
commission. 15
(7) Section 9AZ(3)(b) to (f)-- 16
renumber as section 9AZ(3)(a) to (e). 17
(8) Section 9AZ(4), 'subsection (3)(d)'-- 18
omit, insert-- 19
subsection (3)(c) 20
326 Amendment of s 9BC (Remuneration and conditions of 21
appointment) 22
(1) Section 9BC(1), 'of the all-codes board'-- 23
omit. 24
(2) Section 9BC(2) and (3)-- 25
omit, insert-- 26
(2) The chief executive officer holds office on the 27
terms and conditions, not provided for by this 28
Page 223
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 327]
Act, that are decided by the Governor in Council, 1
including, for example, remuneration and 2
allowances. 3
327 Amendment of s 9BH (Obtaining criminal history of 4
candidate) 5
Section 9BH-- 6
insert-- 7
(4) In this section-- 8
candidate means a candidate as mentioned in 9
section 9BG who has given a signed consent 10
form for a criminal history check. 11
328 Amendment of s 9BI (Duty to act honestly and exercise 12
care and diligence) 13
(1) Section 9BI(1) and (4)(a),'all-codes'-- 14
omit. 15
(2) Section 9BI(2)(b) and (3)(b)-- 16
omit, insert-- 17
(b) to cause detriment to the board or a board 18
code of racing. 19
329 Amendment of s 9BJ (Member must disclose interest) 20
(1) Section 9BJ(1)(a)-- 21
omit, insert-- 22
(a) a member who is present at a meeting of the 23
board (the interested member) has a direct 24
or indirect pecuniary or other interest in a 25
matter being considered or about to be 26
considered at the meeting; and 27
Note-- 28
Page 224
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 330]
See section 9AU(2). 1
(2) Section 9BJ(2), 'a meeting of the all-codes board'-- 2
omit, insert-- 3
the meeting 4
(3) Section 9BJ(2)-- 5
insert-- 6
Maximum penalty--40 penalty units. 7
(4) Section 9BJ(3) to (7) and (9), 'all-codes'-- 8
omit. 9
(5) Section 9BJ(8)-- 10
omit, insert-- 11
(8) If a member is a racing-industry member, the 12
member may have regard to and act in the 13
interests of the board code of racing stated in the 14
member's instrument of appointment. 15
330 Amendment of s 9BK (Conflicts of interest) 16
(1) Section 9BK(1) and (2), 'all-codes'-- 17
omit. 18
(2) Section 9BK(1)-- 19
insert-- 20
Maximum penalty--40 penalty units. 21
(3) Section 9BK-- 22
insert-- 23
(2A) If a disclosure is made by a person to the board as 24
mentioned in subsection (1), the board must give 25
notice to the commission within 14 days after the 26
disclosure about-- 27
(a) the disclosure; and 28
Page 225
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 331]
(b) any direction given by the board to the 1
person. 2
(4) Section 9BK(2A) and (3)-- 3
renumber as section 9BK(3) and (4). 4
331 Amendment of s 9BM (Ministerial direction to all-codes 5
board about its functions or powers) 6
(1) Section 9BM, heading, 'all-codes'-- 7
omit. 8
(2) Section 9BM(1), (3) and (4), 'all-codes'-- 9
omit. 10
(3) Section 9BM(2), 'give the all-codes board'-- 11
omit, insert-- 12
give the board 13
(4) Section 9BM(2)(a), 'clubs licensed by the all-codes board'-- 14
omit, insert-- 15
licensed clubs 16
(5) Section 9BM(2)(c) and (d)-- 17
omit, insert-- 18
(c) stopping, restarting, rerunning, postponing 19
or abandoning a race. 20
332 Omission of ch 2, pt 1A, div 10 and pt 1B 21
Chapter 2, part 1A, division 10 and part 1B-- 22
omit. 23
333 Amendment of s 10 (An eligible corporation may apply for 24
approval as a control body) 25
(1) Section 10(1), from 'control body for'-- 26
Page 226
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 334]
omit, insert-- 1
control body for a proposed code of racing. 2
(2) Section 10(2), 'code of racing or'-- 3
omit. 4
(3) Section 10(3)(b), 'under a regulation'-- 5
omit, insert-- 6
by regulation 7
334 Amendment of s 11 (Approval application to be 8
accompanied by specific matters) 9
(1) Section 11(1)(a), 'under a regulation'-- 10
omit, insert-- 11
by regulation 12
(2) Section 11(1)(f)-- 13
omit, insert-- 14
(f) the approval applicant's plans for managing 15
the application code and a timetable for 16
implementing all the plans. 17
(3) Section 11(2), after 'policies'-- 18
insert-- 19
and the procedures 20
(4) Section 11(2)(b), (c) and (g)-- 21
omit. 22
(5) Section 11(2)(e)(i), 'from it as a control body'-- 23
omit. 24
(6) Section 11(2)(d), (e) and (f)-- 25
renumber as section 11(2)(b), (c) and (d). 26
(7) Section 11(3), from 'approval applicant's proposal'-- 27
Page 227
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 335]
omit, insert-- 1
draft strategic plan and operational plan for the 2
application code, that comply with the prescribed 3
requirements under section 45K for the plans, for the 4
financial year in which it is reasonably likely that the 5
application may be approved. 6
335 Amendment of s 12 (Evidence of matters to be included 7
in an approval application) 8
Section 12(c)-- 9
omit, insert-- 10
(c) each of its executive officers has skills and 11
experience in 1 or more of the following 12
areas-- 13
(i) the application code; 14
(ii) accounting; 15
(iii) animal welfare; 16
(iv) business; 17
(v) commercial and marketing 18
development; 19
(vi) law. 20
336 Amendment of s 13 (Minister to refer an approval 21
application to the chief executive for assessment and 22
other action) 23
(1) Section 13, heading, 'to the chief executive'-- 24
omit. 25
(2) Section 13(1), from 'refer it'-- 26
omit, insert-- 27
refer it to-- 28
Page 228
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 337]
(a) the chief executive for assessment under this 1
Act; and 2
(b) the commission for assessment under the 3
Racing Integrity Act. 4
(3) Section 13(2)(b), after 'assess'-- 5
insert-- 6
under this Act 7
337 Amendment of s 14 (Advertising notice about an approval 8
application) 9
Section 14(2), after 'to the chief executive'-- 10
insert-- 11
or the commission 12
338 Amendment of s 15 (Objection to approval application) 13
(1) Section 15(1), after 'chief executive'-- 14
insert-- 15
or the commission 16
(2) Section 15-- 17
insert-- 18
(3) If the chief executive is given a submission as 19
mentioned in subsection (1), the chief executive 20
must give the commission a copy of it. 21
339 Amendment of s 17 (Chief executive must call meeting of 22
all approval applicants) 23
(1) Section 17-- 24
insert-- 25
(2A) The chief executive, by notice to the commission, 26
must-- 27
Page 229
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 340]
(a) tell the commission about calling the 1
meeting and the details of the meeting; and 2
(b) invite the commission to attend the meeting 3
as an observer. 4
(2) Section 17(2A) and (3)-- 5
renumber as section 17(3) and (4). 6
340 Amendment of s 24 (Minister to consider and decide 7
approval application) 8
(1) Section 24(2)(a)-- 9
omit, insert-- 10
(a) the assessment report and any assessment 11
report of the commission under the Racing 12
Integrity Act about the approval application; 13
(2) Section 24(2)(c) and (d), after 'chief executive'-- 14
insert-- 15
or the commission 16
(3) Section 24(3)(c)-- 17
omit, insert-- 18
(c) the application code is suitable to be a code 19
of racing and the approval applicant is 20
suitable to be approved as the control body 21
for the code of racing. 22
341 Amendment of s 26 (When Minister must give an approval 23
to approval applicant) 24
Section 26(3)(a), from 'if' to 'racing--'-- 25
omit. 26
Page 230
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 342]
342 Amendment of s 32B (Notice of event resulting in a 1
control body not being an eligible corporation) 2
Section 32B(1), from 'about the event'-- 3
omit, insert-- 4
under subsection (2) about the event to the chief 5
executive and the commission. 6
343 Amendment of s 32C (Ministerial direction to approved 7
control body about its policies or rules) 8
Section 32C(1)(c), 'the control body's'-- 9
omit. 10
344 Amendment of s 32F (Grounds for disciplinary action 11
relating to the approval of a control body for its code of 12
racing) 13
(1) Section 32F(1)(d), after 'this Act'-- 14
insert-- 15
or the Racing Integrity Act 16
(2) Section 32F(1)(g)-- 17
omit. 18
(3) Section 32F(1)(h), from 'to give' to 'chief executive'-- 19
omit, insert-- 20
or the Racing Integrity Act to give to the Minister, 21
chief executive or commission 22
(4) Section 32F(1)(h)-- 23
renumber as section 32F(1)(g). 24
345 Amendment of s 32I (Immediate suspension of an 25
approval) 26
Section 32I(1)(b)(i), 'to be held under the control of'-- 27
Page 231
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 346]
omit, insert-- 1
managed by 2
346 Amendment of s 34 (Powers of control body for its code 3
of racing) 4
(1) Section 34(1)(b), after 'this Act'-- 5
insert-- 6
or another Act 7
(2) Section 34(2)-- 8
omit, insert-- 9
(2) Without limiting subsection (1), a control body 10
may do any of the following for any of its codes 11
of racing-- 12
(a) allocate dates on which, and places at 13
which, race meetings are to be held for the 14
code of racing; 15
(b) prepare and implement plans and strategies 16
for developing, promoting and marketing 17
the commercial operations of the code of 18
racing; 19
(c) encourage and facilitate the development of 20
ancillary racing activities for the code of 21
racing, including, for example, the breeding 22
and training of animals; 23
(d) distribute an amount-- 24
(i) as prize money for races; or 25
(ii) to a licensed club, on conditions the 26
control body considers appropriate, for 27
a purpose relating to the operations of 28
the club; or 29
(iii) for undertaking research and analysis 30
for the code of racing; 31
Page 232
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 346]
(e) investigate, make decisions about and, on 1
conditions the control body considers 2
appropriate, allocate funding for venue 3
development and other infrastructure 4
relevant to the code of racing; 5
(f) supervise-- 6
(i) the construction of a new racing venue; 7
or 8
(ii) alterations or renovations to an existing 9
racing venue; 10
(g) examine a licensed club's constitution to 11
determine if it complies with this Act and 12
the relevant rules of racing; 13
(h) publish material to inform the public, 14
whether in Queensland or elsewhere; 15
(i) prepare, on its own motion or when directed 16
by the Minister, reports and 17
recommendations; 18
(j) order the audit of the books and accounts of 19
a licensed club by a registered company 20
auditor under the Corporations Act; 21
(k) enter into reciprocal arrangements with 22
entities in other States, or in countries other 23
than Australia, that have similar powers to 24
the control body for recognising-- 25
(i) the activities conducted by, or under 26
the control of, the entities in the other 27
States or the countries; and 28
(ii) another matter or thing relating to 29
managing the code of racing; 30
(l) issue race information authorities under 31
section 113AF(1); 32
Page 233
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 347]
(m) establish a committee or another entity 1
that-- 2
(i) assists the control body to perform its 3
functions; or 4
(ii) provides advice to the control body 5
about performing its functions, and 6
performs administrative functions, for 7
non-UBET races. 8
(3) Section 34(5) and (6)-- 9
omit, insert-- 10
(5) In this section-- 11
non-UBET races means races on which UBET 12
does not, or is unlikely to, offer wagering. 13
347 Amendment of s 35 (Control body may charge fees for its 14
services) 15
(1) Section 35(1), after 'A control body'-- 16
insert-- 17
for a code of racing 18
(2) Section 35(2), ', including matters relating to licensing,'-- 19
omit. 20
(3) Section 35(3), after 'under this Act'-- 21
insert-- 22
or to the commission for the purposes of the Racing 23
Integrity Act 24
348 Omission of s 37 (Obligation to have internal controls) 25
Section 37-- 26
omit. 27
Page 234
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 349]
349 Amendment of s 38 (Obligation to have racing calendar 1
for code of racing) 2
(1) Section 38(1), after 'A control body'-- 3
insert-- 4
for a code of racing 5
(2) Section 38(1)(f)-- 6
omit, insert-- 7
(f) a declaration under the Racing Integrity Act 8
of a sporting contingency within the 9
meaning of that Act. 10
350 Omission of ss 39 and 40 11
Sections 39 and 40-- 12
omit. 13
351 Replacement of ch 2, pt 3, div 3, hdg (Reporting to chief 14
executive) 15
Chapter 2, part 3, division 3, heading-- 16
omit, insert 17
Division 3 Reporting about particular 18
changes or events 19
352 Omission of s 41 (Plan for managing code of racing) 20
Section 41-- 21
omit. 22
353 Amendment of s 44 (Notice of event resulting in 23
executive officer no longer being an eligible individual) 24
Section 44(1)-- 25
Page 235
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 354]
insert-- 1
Maximum penalty--40 penalty units. 2
354 Insertion of new ch 2, pt 3, divs 4 and 5 and div 6, hdg 3
After section 44-- 4
insert-- 5
Division 4 Reporting generally to 6
Minister 7
45 Quarterly reports 8
(1) A control body for a code of racing must give the 9
Minister a report on the control body's operations 10
for the code for each quarter in a financial year. 11
Note-- 12
As the control body for each board code of racing, the 13
board must give the Minister 3 reports each quarter. 14
(2) Each quarterly report must be given to the 15
Minister-- 16
(a) within 6 weeks after the end of the quarter; 17
or 18
(b) if another period after the end of the quarter 19
is agreed between the control body and the 20
Minister--within the agreed period. 21
(3) A quarterly report must contain the information 22
required to be given in the report under the 23
control body's operational plan for the code of 24
racing. 25
(4) In this section-- 26
quarter, in a financial year, means the following 27
periods in the year-- 28
(a) 1 July to 30 September; 29
(b) 1 October to 31 December; 30
Page 236
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 354]
(c) 1 January to 31 March; 1
(d) 1 April to 30 June. 2
45A Control body to keep Minister informed 3
(1) A control body for a code of racing must keep the 4
Minister reasonably informed of-- 5
(a) its operations, financial performance and 6
financial position in relation to the code; and 7
(b) its achievement of the objectives in its 8
strategic and operational plans for the code. 9
(2) A control body for a code of racing must 10
immediately advise the Minister of any matters 11
that arise that, the control body considers, may-- 12
(a) prevent or impact on the control body's 13
achievement of the objectives in its strategic 14
and operational plans for the code; or 15
(b) significantly impact on the public 16
confidence in the code of racing. 17
45B Reporting to department 18
(1) By notice given to a control body, the Minister 19
may require the control body to report to the 20
chief executive for the purposes of section 45A. 21
(2) A control body given a requirement under 22
subsection (1) must comply with it. 23
45C Other reporting requirements 24
Sections 45 and 45A do not limit the matters about 25
which a control body is required to keep the Minister 26
informed or limit the reports or information that the 27
control body is required to give under this Act or 28
another Act. 29
Page 237
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 354]
Division 5 Strategic and operational 1
plans 2
45D Interaction of division with Financial 3
Accountability Act 2009 4
(1) If something is required to be done by the board 5
under this division as a control body for a code of 6
racing and the same thing, or something to the 7
same effect, is required to be done under the 8
Financial Accountability Act 2009, compliance 9
with this division is sufficient compliance with 10
the Financial Accountability Act 2009. 11
(2) Otherwise, the requirements that apply under this 12
division to the board as a control body for a code 13
of racing are in addition to the requirements 14
under the Financial Accountability Act 2009. 15
(3) If there is an inconsistency between the 16
application of this division to the board as a 17
control body for a code of racing and the 18
Financial Accountability Act 2009, this division 19
prevails to the extent of the inconsistency. 20
45E Control body to prepare draft strategic and 21
operational plans 22
(1) Before 31 March each year, a control body for a 23
code of racing must prepare, and give to the 24
Minister, a draft strategic plan and a draft 25
operational plan for the code for the next 26
financial year. 27
(2) The control body and the Minister must try to 28
reach agreement on the draft plans as soon as 29
possible and, in any event, not later than the start 30
of the financial year. 31
Page 238
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 354]
45F Procedures 1
(1) The Minister may return a draft strategic or 2
operational plan to the control body and ask it-- 3
(a) to consider, or further consider, a stated 4
thing and deal with the thing in the draft 5
plan; and 6
(b) to revise the draft plan in the light of the 7
control body's consideration or further 8
consideration. 9
(2) The control body must comply with the request 10
as a matter of urgency. 11
(3) If the Minister has not agreed to the draft plan by 12
1 month before the start of the financial year, the 13
Minister may, by notice, direct the control 14
body-- 15
(a) to take stated steps in relation to the draft 16
plan; or 17
(b) to make stated modifications of the draft 18
plan. 19
(4) The control body must immediately comply with 20
the direction and include a copy of the direction 21
in the plan. 22
45G Strategic or operational plan pending 23
agreement 24
(1) This section applies if the Minister and a control 25
body have not agreed to a draft strategic or 26
operational plan before the start of a financial 27
year. 28
(2) The draft plan given, or last given, by the control 29
body to the Minister before the start of the 30
financial year, with any modifications made by 31
the control body, whether before or after that 32
time, at the direction of the Minister, is taken to 33
Page 239
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 354]
be the control body's strategic or operational 1
plan. 2
(3) Subsection (2) applies until a draft strategic or 3
operational plan becomes the control body's 4
strategic or operational plan under section 45H. 5
45H Strategic or operational plan on agreement 6
When a draft strategic or operational plan relating to a 7
code of racing has been agreed to in writing by the 8
Minister, it becomes the control body's strategic or 9
operational plan for the code for the relevant financial 10
year. 11
45I Compliance with strategic and operational 12
plans 13
A control body for a code of racing must comply with 14
its strategic and operational plans for the code for the 15
relevant financial year. 16
45J Modifications of strategic or operational plan 17
(1) A control body may modify its strategic or 18
operational plan for a code of racing only with 19
the written agreement of the Minister. 20
(2) The Minister may, by notice, direct a control 21
body for a code of racing to modify its strategic 22
or operational plan for the code. 23
45K Content of operational plan and strategic plan 24
A control body's operational plan or strategic plan for 25
a code of racing for a financial year must comply with 26
any requirements prescribed by regulation for the 27
plan. 28
Page 240
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 355]
Division 6 Executive officers of 1
control body to disclose 2
interest in licensed 3
animals 4
355 Omission of ch 2, pt 4, hdg, div 1 and div 2, hdg 5
Chapter 2, part 4, heading, division 1 and division 2, heading-- 6
omit. 7
356 Amendment of s 60A (Disclosure of interest in licensed 8
animal by executive officer of control body) 9
(1) Section 60A(3)-- 10
omit, insert-- 11
(3) The control body must-- 12
(a) within 14 days after the disclosure, give 13
notice about the disclosure to the Minister, 14
the chief executive and the commission; and 15
(b) if any other person requests information 16
about the disclosure, make the information 17
available to the person. 18
(2) Section 60A(5) and (6), 'subsection (3)'-- 19
omit, insert-- 20
subsection (3)(b) 21
(3) Section 60A(7)-- 22
omit. 23
(4) Section 60A(8), definition relevant persons, paragraph (a), 24
'all-codes'-- 25
omit. 26
(5) Section 60A(8)-- 27
renumber as section 60A(7). 28
Page 241
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 357]
357 Replacement of s 78 (Purposes of ch 3) 1
Section 78-- 2
omit, insert-- 3
78 Purpose of chapter 4
(1) The main purpose of this chapter is to provide for 5
the way a control body may perform its function 6
of managing its code of racing. 7
(2) Generally, the control body performs its function 8
by-- 9
(a) making policies about the management of 10
its code of racing, including, for example, 11
about the way in which races are to be held; 12
and 13
(b) making rules of racing. 14
(3) A control body's policies ensure there is 15
guidance for persons involved in the code of 16
racing and transparent decision-making relating 17
to matters dealt with by the policies. 18
358 Replacement of ch 3, pt 2, div 1, hdg and ss 80-82 19
Chapter 3, part 2, division 1, heading and sections 80 to 82-- 20
omit, insert-- 21
80 Policy for code of racing 22
(1) A control body may make a policy for a code of 23
racing because-- 24
(a) the policy is required under this Act or a 25
Ministerial direction; or 26
(b) the control body believes it is good 27
management to have the policy. 28
(2) A regulation may prescribe that a control body 29
must make a policy for a particular matter and the 30
Page 242
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 359]
provisions to be included in the policy for the 1
matter. 2
359 Omission of ch 3, pt 2, divs 2 and 3 3
Chapter 3, part 2, divisions 2 and 3-- 4
omit. 5
360 Replacement of ss 91 and 94 6
Sections 91 and 94-- 7
omit, insert-- 8
91 Obligation to have rules of racing for code of 9
racing 10
(1) A control body must have rules of racing for the 11
good management of each of its codes of racing. 12
(2) Rules of racing must be made in accordance with 13
section 92. 14
92 Process and other matters relating to making 15
rules of racing 16
(1) Before a control body may make rules of racing, 17
the control body must prepare a draft of the rules 18
(the draft rules). 19
(2) The draft rules must be given to the chief 20
executive and the commission with a request for 21
comments about the draft rules by a day stated in 22
the request (the stated day). 23
(3) The stated day must be at least 28 days or more 24
after the day of the request unless-- 25
(a) the control body is satisfied that, because of 26
exceptional circumstances, it is necessary to 27
make the rules of racing before 28 days after 28
the day of the request; and 29
Page 243
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 360]
(b) the request states-- 1
(i) the exceptional circumstances; and 2
(ii) a stated day for making comments that 3
is earlier than the 28 days and the 4
earlier day is reasonable given the 5
stated exceptional circumstances. 6
(4) If the chief executive or the commission gives the 7
control body comments about the draft rules, the 8
control body must reach agreement with the chief 9
executive and the commission about the way in 10
which the draft rules are to be changed. 11
(5) The control body may make the rules of racing-- 12
(a) if there are no comments--after the stated 13
day; or 14
(b) otherwise--after agreement is reached as 15
mentioned in subsection (4). 16
93 Requirement relating to rules of racing 17
(1) In making rules of racing, a control body must 18
have regard to whether the rules have sufficient 19
regard to the rights and liberties of individuals as 20
mentioned in the Legislative Standards Act 1992, 21
section 4(3). 22
(2) Failure to comply with subsection (1) does not 23
affect the validity of the rules. 24
(3) Rules of racing made by a control body must not 25
be inconsistent with any of the following-- 26
(a) this Act; 27
(b) a policy of the control body; 28
(c) the Racing Integrity Act; 29
Page 244
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 361]
(d) if the commission has a standard about a 1
matter to which the rules of racing relate, 2
the standard. 3
(4) If a provision of rules of racing is inconsistent as 4
mentioned in subsection (3), it has no effect to 5
the extent of the inconsistency. 6
94 Availability of rules of racing 7
(1) A control body for a code of racing must ensure 8
its rules of racing for the code are publicly 9
available, including on its website. 10
(2) Without limiting subsection (1), the control body 11
must-- 12
(a) give a copy of the rules to the chief 13
executive and the commission, free of 14
charge, within 14 days after the control body 15
makes the rules; and 16
(b) make its rules available for inspection, free 17
of charge, at its business address during its 18
ordinary office hours; and 19
(c) give a copy of its rules to a person if the 20
person asks for a copy. 21
(3) If a control body charges for copies of its rules, 22
the control body is not required under subsection 23
(2)(c) to give a person a copy without charging 24
the person. 25
361 Omission of ch 3, pt 4 and pt 5, divs 1 and 2 26
Chapter 3, part 4 and part 5, divisions 1 and 2-- 27
omit. 28
Page 245
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 362]
362 Amendment of s 110 (Licensed club to give audited 1
accounts to control body) 2
Section 110(1), from 'to the control body'-- 3
omit, insert-- 4
the club statements for the financial year, that have 5
been signed by the club's auditors, to the control body 6
for the code of racing in relation to which the club was 7
licensed. 8
363 Insertion of new s 110A 9
Chapter 3, part 5, division 3-- 10
insert-- 11
110A Control body to report to Minister about 12
licensed club 13
Within 6 months after the end of each financial year, a 14
control body must report to the Minister about-- 15
(a) whether each licensed club that should have 16
given the club's audited financial 17
information for the financial year to the 18
control body, as required by section 110, has 19
done so; and 20
(b) any issues that have arisen following the 21
control body's assessment of the financial 22
information; and 23
(c) any information relating to the actions taken 24
by the licensed club, or control body 25
directions to the club, to rectify the 26
identified issues; and 27
(d) any other matter prescribed by regulation. 28
364 Amendment of s 111 (Definitions for div 4) 29
(1) Section 111, heading, 'div 4' 30
Page 246
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 365]
omit, insert-- 1
division 2
(2) Section 111, definition relevant control body-- 3
omit, insert-- 4
relevant control body, relating to a 5
non-proprietary entity, means the control body in 6
relation to which the entity is or was licensed. 7
365 Amendment of s 113AB (Definitions for pt 6) 8
(1) Section 113AB, heading, 'pt 6' 9
omit, insert-- 10
part 11
(2) Section 113AB, definition licensed wagering operator-- 12
omit, insert-- 13
licensed wagering operator means-- 14
(a) a licensed bookmaker; or 15
(b) a person who is the holder of an oncourse 16
wagering permit or a race wagering licence 17
under the Wagering Act 1998; or 18
(c) a wagering operator who holds a licence or 19
other authority -- 20
(i) under a law of another State or a 21
foreign country, that authorises the 22
operator to conduct a wagering 23
business; or 24
(ii) issued by a principal racing authority 25
of another State or a foreign country, 26
that authorises the operator to conduct 27
a wagering business. 28
Page 247
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 366]
366 Amendment of s 113AF (Decision) 1
(1) Section 113AF(2)-- 2
omit, insert-- 3
(2) If the control body decides to grant the 4
application but impose conditions on the 5
authority as mentioned in subsection (3) or to 6
refuse to grant the application, the control body 7
must give the applicant an information notice 8
about the decision. 9
(2) Section 113AF(3)(b) and (4), 'under a regulation'-- 10
omit, insert-- 11
by regulation 12
367 Amendment of s 113AH (Use of documents or 13
information by control body) 14
Section 113AH(2), from 'or an authorised' to 'this Act'-- 15
omit, insert-- 16
, the commission or another person if the control body 17
is required to do so under this Act or another Act 18
368 Amendment of s 113AJ (Cancellation of race information 19
authority) 20
(1) Section 113AJ(1), 'notice' 21
omit, insert-- 22
information notice 23
(2) Section 113AJ(1), 'under a regulation'-- 24
omit, insert-- 25
by regulation 26
(3) Section 113AJ(2)-- 27
omit. 28
Page 248
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 369]
369 Replacement of chs 3A-7 1
Chapters 3A to 7-- 2
omit, insert-- 3
Chapter 4 Review of decisions 4
114 What is an original decision and who is the 5
decision-maker 6
(1) An original decision is any of the following-- 7
(a) a decision of a control body to refuse to 8
grant a race information authority for a code 9
of racing or to grant a race information 10
authority subject to conditions mentioned in 11
section 113AF(3)(b); 12
(b) a decision of a control body to cancel a race 13
information authority under section 113AJ; 14
(c) a decision under this Act prescribed by 15
regulation as an original decision. 16
(2) The decision-maker, for an original decision, 17
is-- 18
(a) for an original decision mentioned in 19
subsection (1)(a) or (b)--the control body 20
that made the original decision; or 21
(b) for a decision mentioned in subsection 22
(1)(c)--the entity prescribed by regulation 23
as the decision-maker for that decision. 24
115 Who is an interested person for an original 25
decision 26
An interested person for an original decision means a 27
person who is-- 28
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 369]
(a) the applicant for a race information 1
authority for a code of racing whose 2
application is-- 3
(i) refused; or 4
(ii) granted subject to conditions 5
mentioned in section 113AF(3)(b); or 6
(b) the holder of a race information authority 7
before it is cancelled as mentioned in 8
section 113AJ; or 9
(c) prescribed by regulation for the purposes of 10
a decision under this Act that is prescribed 11
by regulation as an original decision. 12
116 External review process starts with internal 13
review 14
A person may not apply to QCAT for review of an 15
original decision unless there has been an internal 16
review of the original decision. 17
117 Applying for internal review of original 18
decision 19
(1) An interested person for an original decision may 20
apply to the decision-maker for the decision for 21
an internal review of the decision. 22
(2) The application must-- 23
(a) if the decision-maker is-- 24
(i) a control body--be in the relevant 25
control body form; or 26
(ii) other than a control body--be in the 27
relevant approved form; and 28
Page 250
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 369]
(b) include enough information to enable the 1
decision-maker for the decision to decide 2
the application; and 3
(c) be made to the decision-maker within 14 4
days after-- 5
(i) the day the interested person is given 6
an information notice about the 7
decision; or 8
(ii) if the person is not given an 9
information notice about the 10
decision--the day the interested person 11
otherwise becomes aware of the 12
decision. 13
(3) The decision-maker may, at any time, extend the 14
time for making an internal review application. 15
118 Staying operation of original decision on 16
internal review 17
(1) The application for an internal review does not 18
stay the original decision. 19
(2) However, the applicant may immediately apply 20
for a stay of the original decision to QACT. 21
(3) QCAT may stay the original decision to secure 22
the effectiveness of the internal review and any 23
later external review by QCAT. 24
(4) QCAT may stay the operation of the internal 25
review decision on conditions it considers 26
appropriate. 27
(5) The stay operates for the period decided by 28
QCAT. 29
(6) The period of the stay must not extend past the 30
time when the decision-maker for the decision 31
makes an internal review decision about the 32
original decision and any later period QCAT 33
Page 251
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 369]
allows the applicant to enable the applicant to 1
apply for an external review of the internal 2
review decision. 3
(7) An internal review application affects the original 4
decision, or carrying out of the decision, only if 5
the decision is stayed. 6
119 Reviewing original decision 7
(1) The decision-maker for an original decision 8
must, within 20 days after receiving an 9
application for internal review of the original 10
decision-- 11
(a) review the original decision; and 12
(b) make a decision (the internal review 13
decision) to-- 14
(i) confirm the original decision; or 15
(ii) amend the original decision; or 16
(iii) substitute another decision for the 17
original decision; and 18
(c) give the applicant a notice (the review 19
notice) advising of the internal review 20
decision. 21
(2) The application may be dealt with only by a 22
person who-- 23
(a) did not make the original decision; and 24
(b) holds a more senior office than the person 25
who made the original decision. 26
(3) Subsection (2)-- 27
(a) applies despite the Acts Interpretation Act 28
1954, section 27A; and 29
(b) does not apply to an original decision made 30
by a control body at a meeting. 31
Page 252
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 370]
(4) If the internal review decision confirms the 1
original decision, the original decision is taken to 2
be the internal review decision. 3
(5) If the internal review decision amends the 4
original decision, the original decision as 5
amended is taken to be the internal review 6
decision. 7
(6) If the internal review decision is not the decision 8
sought by the applicant, the review notice must 9
comply with the QCAT Act, section 157(2). 10
(7) If the decision-maker for the original decision 11
does not give the applicant a review notice within 12
20 days after receiving the application, the 13
decision-maker is taken to have confirmed the 14
original decision. 15
120 Applying for external review 16
(1) This section applies to a person who, under 17
section 119, must be given a review notice 18
complying with the QCAT Act, section 157(2) 19
for an internal review decision. 20
(2) The person may apply to QCAT, as provided 21
under the QCAT Act, for a review of the internal 22
review decision. 23
Note-- 24
The QCAT Act, section 22(3) states that QCAT may stay 25
the operation of the internal review decision, either on 26
application by a person or on its own initiative. 27
370 Omission of ch 8, pt 1, div 1, hdg 28
Chapter 8, part 1, division 1, heading-- 29
omit. 30
Page 253
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 371]
371 Amendment of s 310 (Definitions for div 1) 1
(1) Section 310, heading, 'div 1'-- 2
omit, insert-- 3
part 4
(2) Section 310, 'In this division'-- 5
omit, insert-- 6
In this part 7
(3) Section 310, definitions Act document and background 8
document-- 9
omit. 10
(4) Section 310-- 11
insert-- 12
Act document means-- 13
(a) a Minister's approval; or 14
(b) a racing information authority. 15
background document means-- 16
(a) an approved form or control body form, 17
completed by a person about the person's 18
business reputation, character, criminal 19
history, current financial position or 20
financial background; or 21
(b) a document accompanying an approved 22
form or control body form; or 23
(c) a document-- 24
(i) given by a person for consideration for 25
appointment as an executive officer of 26
the board; and 27
(ii) relating to the person's business 28
reputation, character, criminal history, 29
Page 254
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 372]
current financial position or financial 1
background; or 2
(d) another document obtained by the Minister, 3
the chief executive or a control body, 4
relating to a person's business reputation, 5
character, criminal history, current financial 6
position or financial background. 7
372 Amendment of s 312 (Forgery and uttering Act 8
documents) 9
Section 312(2), examples-- 10
omit. 11
373 Amendment of s 313 (Making a false statement in 12
application or other document) 13
(1) Section 313(a), from 'accreditation' to 'certificate or'-- 14
omit. 15
(2) Section 313(b), 'the gaming executive,'-- 16
omit. 17
374 Omission of ch 8, pt 1, divs 2-4, div 5, hdg and s 327 18
Chapter 8, part 1, divisions 2 to 4, division 5, heading and section 19
327-- 20
omit. 21
375 Amendment of s 330 (Appointments and authority) 22
Section 330(a) to (d)-- 23
omit, insert-- 24
(a) the appointment of the Minister or the chief 25
executive and the authority of the Minister 26
Page 255
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 376]
or chief executive to do anything under this 1
Act; 2
(b) the appointment of a person as a member, 3
the chairperson, the deputy chairperson or 4
the chief executive officer; 5
(c) the approval of a corporation as a control 6
body. 7
376 Amendment of s 331 (Signatures) 8
Section 331(c) to (i)-- 9
omit, insert-- 10
(c) a member, the chairperson, the deputy 11
chairperson or the chief executive officer; 12
(d) a person who is an executive officer of a 13
corporation that is a control body. 14
377 Replacement of ss 332 and 333 15
Sections 332 and 333-- 16
omit, insert-- 17
332 Evidentiary aids--documents 18
A document purporting to be a copy of an 19
appointment, approval, direction, notice or other 20
document made or given under this Act is 21
evidence of the appointment, approval, direction, 22
notice or other document and of the matters 23
contained in it. 24
378 Amendment of s 334 (Types of offences) 25
Section 334(2), ', 321 or 323'-- 26
omit. 27
Page 256
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 379]
379 Omission of ch 9, pt 1 and pt 2, hdg 1
Chapter 9, part 1 and part 2, heading-- 2
omit. 3
380 Omission of ss 344-347 4
Sections 344 to 347-- 5
omit. 6
381 Omission of ch 9, pt 3, hdg and ss 348 and 349 7
Chapter 9, part 3, heading and sections 348 and 349-- 8
omit. 9
382 Amendment of s 350 (Satisfaction, belief or suspicion 10
must be on grounds that are reasonable in the 11
circumstances) 12
Section 350(2), example-- 13
omit. 14
383 Amendment of s 351 (Matters must be considered 15
appropriate on grounds that are reasonable in the 16
circumstances) 17
Section 351(1)-- 18
omit, insert-- 19
(1) This section applies if, under this Act, an entity is 20
required to consider that a particular matter is 21
appropriate before the entity may do or refrain 22
from doing an act or make a decision. 23
384 Omission of ss 352 and 352A and ch 9, pt 4, hdg 24
Sections 352 and 352A and chapter 9, part 4, heading-- 25
Page 257
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 385]
omit. 1
385 Amendment of s 355 (Regulation-making power) 2
(1) Section 355(2)(a) and (c)-- 3
omit. 4
(2) Section 355(2)(d), from '11,'-- 5
omit, insert-- 6
11 and 29. 7
(3) Section 355(2)(b) and (d)-- 8
renumber as section 355(2)(a) and (b). 9
386 Insertion of new s 355A 10
Chapter 9-- 11
insert-- 12
355A Amendment to renumber 13
(1) On the commencement of this section, the 14
provisions of this Act are amended by numbering 15
and renumbering them in the same way as a 16
reprint may be numbered and renumbered under 17
the Reprints Act 1992, section 43. 18
(2) Subsection (1) applies to a provision of this Act 19
enacted or otherwise affected (a relevant 20
provision) by a provision of an amending Act 21
enacted but uncommenced when subsection (1) is 22
commenced (the uncommenced provision), with 23
the following intent for the relevant provision-- 24
(a) if the number of the relevant provision 25
would have changed under subsection (1) 26
had the uncommenced provision 27
commenced-- 28
Page 258
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 386]
(i) a number is allocated to the relevant 1
provision as if the uncommenced 2
provision had commenced; and 3
(ii) when the uncommenced provision 4
commences, the number of the relevant 5
provision is amended by omitting it 6
and inserting the number allocated to it 7
under subparagraph (i); 8
(b) if the relevant provision would have been 9
omitted or relocated had the uncommenced 10
provision commenced, its number remains 11
the same as it was before the 12
commencement of subsection (1) until the 13
omission or relocation takes effect. 14
(3) Each reference in this Act, and each reference in 15
another Act mentioned in schedule 2 to a 16
provision of the Act renumbered under 17
subsection (1), is amended, when the 18
renumbering happens, by omitting the reference 19
to the previous number and inserting the new 20
number. 21
(4) This section does not limit the operation of the 22
Acts Interpretation Act 1954, section 14H, 23
including, for example, the operation of that Act 24
in relation to a provision that is not mentioned in 25
schedule 2. 26
(5) This section and schedule 2 expire on the later of 27
the following-- 28
(a) the day after the commencement of the last 29
numbering or renumbering of a provision 30
done under the section; 31
(b) 30 June 2017. 32
(6) This section does not limit the Reprints Act 1992. 33
(7) In this section-- 34
Page 259
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 387]
amending Act means an Act that amends this 1
Act. 2
387 Omission of ch 10, pt 2, divs 1-6, pts 3 and 4, ss 413-416, 3
419-422, 424, 426, 428-432, 436-439, 441-443, 446-449, 4
454-456 and 459 5
Chapter 10, part 2, divisions 1 to 6, parts 3 and 4, sections 413 to 6
416, 419 to 422, 424, 426, 428 to 432, 436 to 439, 441 to 443, 446 7
to 449, 454 to 456 and 459-- 8
omit. 9
388 Insertion of new ch 11 10
After section 463-- 11
insert-- 12
Chapter 11 Transitional 13
provisions for 14
Racing Integrity Act 15
2015 16
Part 1 Preliminary 17
464 Definitions for chapter 18
In this chapter-- 19
all-codes board means the Queensland All Codes 20
Racing Industry Board as established under this 21
Act before the commencement. 22
Note-- 23
Under section 9AA, the Queensland All Codes Racing 24
Industry Board is continued in existence under this Act 25
under the name Racing Queensland Board and is 26
referred to as the board. The use of 'all-codes board' is 27
to help with understanding this chapter. 28
Page 260
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
made includes given and issued. 1
pre-amended Act means this Act as in force 2
immediately before the commencement. 3
previous, for a stated provision that includes a 4
number, means the provision with that number 5
immediately before the commencement. 6
465 Purpose of chapter and relationship with 7
Racing Integrity Act 8
(1) The purpose of this chapter is to make provisions 9
for some matters under this Act as in force or as 10
existing immediately before the commencement. 11
(2) The Racing Integrity Act, chapter 8 states how 12
particular matters dealt with under this Act 13
before the commencement continue as matters 14
under the Racing Integrity Act. 15
(3) Also, a regulation made under the Racing 16
Integrity Act, section 304 may provide for how a 17
matter dealt with under this Act before the 18
commencement is to be dealt with under that Act. 19
Note-- 20
See also section 494. 21
(4) This chapter does not limit the Acts 22
Interpretation Act 1954, part 6 unless there is a 23
statement to the contrary. 24
Examples for subsection (4)-- 25
1 Despite the repeal of previous section 6, bets made 26
before the commencement are lawful bets. 27
2 An omission to disclose the nature of an interest as 28
mentioned in section 9BJ(2) is only an offence if 29
committed after the commencement. 30
Page 261
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
Part 2 Provisions relating to 1
chapter 2 2
466 Working out net UBET product fee for the year 3
of commencement 4
(1) This section applies for the purposes of the 5
application of section 9AG for the 6
commencement year. 7
(2) For the purposes of working out the net UBET 8
product fee under section 9AG in relation to a 9
control body for the commencement year-- 10
(a) the amounts to be subtracted from the 11
product fee paid to the control body for the 12
commencement year are also to include 13
amounts paid in the year but before the 14
commencement by the control body to an 15
accredited facility; and 16
(b) prize money for non-UBET thoroughbred 17
races conducted during the commencement 18
year by non-UBET thoroughbred clubs 19
includes amounts paid as prize money for 20
non-TABQ thoroughbred races conducted in 21
that year by non-TABQ thoroughbred clubs 22
under the pre-amended Act. 23
(3) In this section-- 24
accredited facility means a facility that was an 25
accredited facility before the commencement. 26
commencement year means the financial year in 27
which this section commenced. 28
net UBET product fee, for the commencement 29
year, includes any amount received by the board 30
in the nature of a product fee even if it was 31
identified as a UNiTAB product fee or otherwise. 32
Page 262
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
467 Existing member of all-codes board 1
(1) A person who was a member of the all-codes 2
board immediately before the commencement 3
stops being a member. 4
(2) Subsection (1) applies despite the Acts 5
Interpretation Act 1954, section 20B. 6
468 Appointment to board for 2 years after 7
commencement 8
(1) For the purposes of section 9AJ(1)(a), a person is 9
not an eligible individual if, at any time during 10
the 2 years before the commencement, the person 11
was any of the following-- 12
(a) the chief executive officer of the all-codes 13
board; 14
(b) licensed by the all-codes board; 15
(c) an executive officer of a corporation that, at 16
any time during the 2-year period, was 17
licensed by the all-codes board; 18
(d) a member of a committee of, or an employee 19
of, an entity that, at any time during the 20
2-year period, was a licensed club or an 21
association formed in Australia to promote 22
the interests of 1 or more participants in a 23
code of racing, whether or not a board code 24
of racing. 25
(2) This section expires 2 years after the 26
commencement. 27
Page 263
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
469 Existing chief executive officer of all-codes 1
board 2
(1) This section applies if a person holds office as the 3
chief executive officer of the all-codes board 4
immediately before the commencement. 5
(2) The person's appointment continues on the same 6
terms and conditions that applied under the 7
pre-amended Act, including, for example, in 8
relation to remuneration and allowances, until 9
different terms and conditions are decided under 10
section 9BC(2). 11
470 Restrictions on eligibility to be chief executive 12
officer for 2 years after commencement 13
(1) This section applies if, at any time during the 2 14
years after the commencement, it is necessary to 15
appoint a person as the chief executive officer of 16
the board. 17
(2) A person may not be appointed as the chief 18
executive officer if, at any time during the 2 years 19
before the commencement, the person was a 20
member of the all-codes board. 21
(3) This section expires 2 years after the 22
commencement. 23
471 Existing control board and members of control 24
boards 25
(1) Each control board established under previous 26
section 9BO is abolished. 27
(2) A person who was a member of a control board 28
immediately before the commencement stops 29
being a member. 30
Page 264
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
472 Previous s 9CN continues to have effect 1
despite repeal 2
(1) This section applies to a person who, at any time 3
before the commencement, was a member of a 4
control board as stated in previous section 9CN. 5
(2) Despite its repeal, previous section 9CN 6
continues to apply in relation to the person and 7
any civil liability continues to attach to the board. 8
473 Approval application received before 9
commencement 10
(1) This section applies to an approval application 11
made, but not decided, before the 12
commencement. 13
(2) Previous chapter 2, part 2 continues to apply to 14
the approval application as if the part had not 15
been amended. 16
474 Control body's first quarterly report under s 45 17
(1) Section 45 does not apply to a control body in 18
relation to a quarter in a financial year before the 19
quarter in which its first operational plan is 20
agreed to by the Minister as mentioned in section 21
475. 22
(2) In this section-- 23
quarter, in a financial year, see section 45(4). 24
475 Control body's first strategic and operational 25
plans 26
(1) This section applies to a control body's first 27
strategic and operational plans after the 28
commencement. 29
Page 265
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
(2) The time within which a control body must 1
prepare and give a draft of each plan for section 2
45E is 1 month after the commencement or 3
another time agreed between the control body 4
and the Minister. 5
(3) If a draft plan has not been agreed to within 1 6
month after giving it to the Minister, the Minister 7
may give a direction under section 45F(3) about 8
the draft plan. 9
(4) The period for which the strategic or operational 10
plan applies is-- 11
(a) the remainder of the financial year in which 12
it is agreed to by the Minister; and 13
(b) if the control body and the Minister agree 14
the plan is also to apply for the following 15
financial year, for that financial year. 16
476 Existing policy continues if board may make 17
policy under this Act 18
(1) This section applies to a policy in force 19
immediately before the commencement. 20
(2) If, under this Act, the board is entitled to make 21
the policy, the policy continues to have effect as a 22
policy of the board. 23
(3) If, under this Act, the board is entitled to make 24
some of the provisions of the policy but not all, 25
the policy is valid to the extent of the provisions 26
the board is entitled to make and those provisions 27
continue to have effect as a policy of the board. 28
(4) A regulation under section 494 may make a 29
declaration for subsections (2) and (3). 30
(5) This section and the policies, or provisions of a 31
policy, that continue to have effect under 32
Page 266
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
subsection (2) or (3) expire 1 year after the 1
commencement. 2
Part 3 Provisions relating to 3
chapter 3 4
477 Existing Racing Integrity Commissioner 5
(1) If a person holds office as the Racing Integrity 6
Commissioner immediately before the 7
commencement, the person stops holding the 8
office. 9
(2) Subsection (1) applies despite the Acts 10
Interpretation Act 1954, section 20B. 11
(3) Despite its repeal, previous section 113AS 12
continues to apply in relation to the person and 13
any civil liability continues to attach to the State. 14
478 Invoice for funding performance of Racing 15
Integrity Commissioner's functions before 16
commencement 17
(1) Despite its repeal, previous section 113BA 18
continues to apply in accordance with this section 19
for the purposes of funding the Racing Integrity 20
Commissioner's functions before the 21
commencement. 22
(2) If an invoice under previous section 113BA was 23
given to a control body and the amount of the 24
invoice was not paid before the commencement, 25
previous section 113BA(3) continues to apply 26
and the amount of the invoice is payable in 27
accordance with that subsection. 28
(3) Also, the chief executive may exercise powers 29
under previous section 113BA(2) within 28 days 30
Page 267
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Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
after the commencement by deciding a control 1
body must pay an amount for a period before the 2
commencement and give the control body an 3
invoice for the amount. 4
(4) Previous section 113BA(3) applies for paying an 5
invoice mentioned in subsection (3). 6
479 Continued effect of previous s 113BB 7
(1) This section applies to the following invoices-- 8
(a) an invoice given to a control body under 9
previous section 113BA that became 10
payable, but was not paid, before the 11
commencement; 12
(b) an invoice given to a control body under 13
previous section 113BA, that becomes 14
payable on or after the commencement; 15
(c) an invoice given under section 478(3). 16
(2) If the invoice was not or is not paid when it 17
became or becomes payable under previous 18
section 113BA(3), the State may recover the 19
amount from the control body as a debt. 20
(3) If the State started any proceedings for recovery 21
of an amount in relation to an invoice mentioned 22
in subsection (1)(a), the proceedings may 23
continue and be dealt with by a court as if 24
previous section 113BB had not been repealed. 25
Part 4 Provisions relating to 26
chapter 4 27
Page 268
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
480 Abolition of Racing Animal Welfare and 1
Integrity Board 2
(1) The Racing Animal Welfare and Integrity Board 3
established under previous section 114 is 4
abolished. 5
(2) A person who was a member of the Racing 6
Animal Welfare and Integrity Board immediately 7
before the commencement stops being a member. 8
481 Things sent to facility before commencement 9
(1) This section applies to-- 10
(a) a facility that, immediately before the 11
commencement, was an accredited facility 12
and was not the subject of suspension under 13
previous section 138 or 141; or 14
(b) another facility as mentioned in section 15
143(4)(b) if the delivery of a thing was 16
approved as mentioned in that paragraph. 17
(2) If, before the commencement, a thing was taken 18
to the accredited facility or the other facility, in 19
accordance with previous provision 143(4)-- 20
(a) despite the repeal of chapter 4, the facility 21
continues to be an accredited facility on the 22
same conditions that applied to the facility 23
before the commencement and the 24
nominated person for the facility continues 25
to be the nominated person for it; and 26
(b) previous sections 146 to 149 continue to 27
apply subject to the commission taking the 28
place of any control body or integrity 29
officer. 30
Page 269
Racing Integrity Bill 2015
Chapter 9 Amendment of Acts
Part 3 Amendment of Racing Act 2002
[s 388]
Part 5 Provisions relating to 1
previous chapter 4A 2
Division 1 Preliminary matters 3
482 Purpose of part 4
The purpose of this part is to make provisions for 5
decisions that, immediately before the 6
commencement, were appellable decisions of a 7
control body. 8
483 Definitions for part 9
In this part-- 10
accepted appeal see previous section 149W. 11
aggrieved person, for an appellable decision, see 12
previous section 149T(2). 13
appellable decision, of a control body, see 14
previous section 149S. 15
disciplinary board means the Racing 16
Disciplinary Board established under previous 17
section 149A. 18
notice of appeal see previous section 149U(1). 19
registrar, of the disciplinary board, see previous 20
schedule 3. 21
relevant control body, for an appellable decision, 22
means the control body that made the appellable 23
decision. 24
Division 2 If notice of appeal given to 25
registrar before 26
commencement 27
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484 Application of division 1
This division applies if, before the commencement, an 2
aggrieved person for an appellable decision had given 3
a notice of appeal to the registrar of the disciplinary 4
board, whether or not a notice of appeal had been 5
given to the relevant control body. 6
485 If there is notice of appeal before 7
commencement 8
(1) Previous chapter 4A continues to apply in 9
relation to the appellable decision, the notice of 10
appeal and matters relating to the appeal. 11
(2) The following entities must deal with the notice 12
of appeal and appeal-- 13
(a) the registrar; 14
(b) the chairperson; 15
(c) if the notice of appeal is accepted--the 16
constituted board for the accepted appeal, 17
whether established before or after the 18
commencement; 19
(d) the commission in substitution for the 20
relevant control body for the appellable 21
decision; 22
(e) any other party to the appeal other than the 23
relevant control body. 24
486 Rejection of notice of appeal 25
(1) This section applies to an appellable decision if, 26
as mentioned in previous section 149V(2)(c) and 27
after the commencement, the chairperson rejects 28
a notice of appeal relating to the appellable 29
decision. 30
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(2) The chairperson must give the aggrieved person 1
for the appellable decision a notice complying 2
with the QCAT Act, section 157(2) for the 3
decision. 4
(3) The aggrieved person may apply, as provided 5
under the QCAT Act, to QCAT for a review of 6
the decision. 7
(4) QCAT may review the chairperson's decision to 8
reject a notice of appeal. 9
487 Continuation of ch 4A 10
(1) For the purpose of the continuation of previous 11
chapter 4A to a matter as mentioned in this part, 12
the chapter is taken not to have been repealed. 13
(2) Despite subsection (1), if a provision of previous 14
chapter 4A applies to a relevant control body, the 15
commission takes the place of the relevant 16
control body, unless the context does not allow 17
for the substitution. 18
(3) For subsection (2), a control body must give the 19
commission all documents and information that 20
the commission requests. 21
Division 3 If notice of appeal not 22
given to registrar before 23
commencement 24
488 Application of division 25
This division applies if, before the commencement, an 26
aggrieved person for an appellable decision had not 27
given a notice of appeal to the registrar of the 28
disciplinary board, whether or not a notice of appeal 29
had been given to the relevant control body for the 30
appellable decision. 31
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489 Person may apply to QCAT for external review 1
of appellable decision 2
(1) Previous chapter 4A does not apply to an 3
appellable decision to which this division applies 4
but the Racing Integrity Act, chapter 6, part 2, 5
division 4 applies as if under that Act-- 6
(a) the appellable decision were an original 7
decision; and 8
(b) the aggrieved person for the appellable 9
decision were the interested person for the 10
original decision. 11
(2) For subsection (1), the person may apply under 12
the Racing Integrity Act, section 265 to the 13
commissioner for an internal review of the 14
decision before the person may apply, under 15
section 268 of that Act, for an external review of 16
the decision. 17
Part 6 Provisions relating to 18
previous chapter 5 19
490 Referral of appeal 20
(1) This section applies if-- 21
(a) as mentioned in previous section 22
149V(2)(d), the chairperson referred an 23
appeal to QCAT before the commencement; 24
or 25
(b) under section 485, the commission refers an 26
appeal to QCAT on or after the 27
commencement. 28
(2) Previous chapter 5 continues to apply in relation 29
to the referred appeal as if the chapter had not 30
been repealed. 31
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(3) In this section-- 1
referred appeal see previous section 150. 2
491 Appeal under previous s 155 3
(1) This section applies to-- 4
(a) an appeal that is made by a control body 5
before the commencement under previous 6
section 155 in relation to an appellable 7
decision; or 8
(b) an appeal that is made or may be made by 9
the commission on or after the 10
commencement in relation to a decision of a 11
constituted board that is an appellable 12
decision to which part 5, division 2 applies. 13
(2) For an appeal mentioned in subsection (1), the 14
commission takes the place of the relevant 15
control body for the appellable decision. 16
(3) For subsection (2), the relevant control body must 17
give the commission all documents and 18
information that the commission requests. 19
(4) Previous chapter 5 continues to apply to the 20
commission and QCAT for the appeal. 21
492 Continuation of ch 5 22
For the purpose of the continuation of previous 23
chapter 5 to a matter as mentioned in this part, the 24
previous chapter is taken not to have been repealed. 25
Part 7 Provisions relating to 26
offences before 27
commencement 28
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493 Act previously in force to apply to offences 1
(1) This section applies if the pre-amended Act made 2
an act or omission an offence. 3
(2) If the act or omission happened before the 4
commencement, the pre-amended Act continues 5
to apply in relation to the act or omission as if the 6
pre-amended Act had not been amended. 7
(3) In relation to the act or omission, a person may 8
be charged after the commencement for the 9
offence against the pre-amended Act. 10
(4) If a person is convicted after the commencement 11
of the offence (regardless of when the person was 12
charged with the offence), the person can not be 13
punished to any greater extent than was 14
authorised under the pre-amended Act. 15
(5) Subsections (2) to (4) apply even if, after the 16
commencement, doing the act or omitting to do 17
the act under the same circumstances would not 18
constitute an offence against this Act or another 19
Act. 20
(6) Subsections (2) to (5) apply despite the Criminal 21
Code, section 11 but do not limit the Racing 22
Integrity Act, sections 294 and 295. 23
Part 8 Regulation-making 24
power for transitional 25
purposes 26
494 Transitional regulation-making power 27
(1) A regulation (a transitional regulation) may 28
make provision of a saving or transitional nature 29
about any matter-- 30
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(a) for which it is necessary to make provision 1
to allow or to facilitate the doing of anything 2
to achieve the transition from the 3
pre-amended Act to this Act; and 4
(b) for which this Act does not provide or 5
sufficiently provide. 6
(2) A transitional regulation may have retrospective 7
operation to a day that is not earlier than the 8
commencement. 9
(3) A transitional regulation must declare it is a 10
transitional regulation. 11
(4) This part and any transitional regulation expire 1 12
year after the commencement. 13
(5) The Acts Interpretation Act 1954, section 20A, as 14
applied under the Statutory Instruments Act 15
1992, section 14, applies in relation to the expiry. 16
389 Replacement of sch 3 (Dictionary) 17
Schedule 3-- 18
omit, insert-- 19
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[s 389]
Schedule 1 Dictionary 1
section 5 2
accepted representations, for chapter 2, see 3
section 32H(2). 4
Act document, for chapter 8, part 1, see section 5
310. 6
advertising notice see section 13(2)(a). 7
affected by bankruptcy action, in relation to an 8
individual, means the individual is insolvent 9
under administration within the meaning of the 10
Corporations Act, section 9. 11
application code, in relation to an approval 12
application, means the proposed code of racing 13
stated in the application. 14
approval, in relation to an approval applicant, 15
means the Minister's approval of the approval 16
applicant. 17
approval applicant means the applicant named in 18
an approval application as the applicant. 19
approval application means an application under 20
section 10(1) for approval of a corporation as the 21
control body for an application code. 22
approval effect day, in relation to a control body, 23
means the day stated in the Minister's approval as 24
the day on which the approval takes effect. 25
approved control body means a corporation 26
given a Minister's approval. 27
approved form means a form approved under 28
section 343. 29
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assessment report means a report under section 1
18(2) or 19(3) about an approval application or 2
approval applications. 3
at, a place, includes in and on the place. 4
background document, for chapter 8, part 1, see 5
section 310. 6
betting exchange, for chapter 3, part 6, see 7
section 113AC. 8
betting meeting means a meeting held by a 9
licensed club at a licensed venue under the 10
control of a control body, but at which no race is 11
held. 12
board means the Racing Queensland Board 13
established under section 9AA. 14
board code of racing see section 9AB. 15
bookmaking means the business of receiving or 16
negotiating bets and includes the settlement of 17
bets. 18
business address, of a control body, means the 19
business address of the control body as stated in 20
its approval. 21
business associate-- 22
(a) means-- 23
(i) for an approval application--a person 24
whom the chief executive believes will, 25
if the approval applicant is approved as 26
a control body, be associated with the 27
ownership or management of the 28
operations of the control body; or 29
(ii) for a corporation approved as a control 30
body--a person whom the chief 31
executive believes is associated with 32
the ownership or management of the 33
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operations of the corporation as a 1
control body; and 2
(b) includes, for any other corporation--an 3
executive officer of the corporation. 4
chairperson means the chairperson of the board. 5
chief executive officer means the chief executive 6
officer of the board. 7
closure date see section 14(2). 8
club means either of the following that has, as 9
part of its objects, the object of promoting animal 10
racing of a particular breed or type of animal-- 11
(a) a corporation registered under the 12
Corporations Act; 13
(b) an incorporated association under the 14
Associations Incorporation Act 1981. 15
code of racing means any of the following-- 16
(a) thoroughbred racing; 17
(b) harness racing; 18
(c) greyhound racing; 19
(d) another code of racing stated in a Minister's 20
approval. 21
commission means the Queensland Racing 22
Integrity Commission established under the 23
Racing Integrity Act. 24
confidential information, for chapter 8, part 1, 25
see section 310. 26
control body means-- 27
(a) an approved control body; or 28
(b) the board. 29
control body direction see section 34(3). 30
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[s 389]
control body form means a form approved by a 1
control body for its code of racing. 2
control body officer, for chapter 8, part 1, see 3
section 310. 4
conviction, of an offence, means being found 5
guilty of the offence, on a plea of guilty or 6
otherwise, whether or not a conviction is 7
recorded. 8
copy, for chapter 8, part 1, see section 310. 9
court, for chapter 8, part 1, see section 310. 10
criminal history, of a person, means the person's 11
criminal history within the meaning of the 12
Criminal Law (Rehabilitation of Offenders) Act 13
1986, and-- 14
(a) despite section 6 of that Act, includes a 15
conviction of the person to which the section 16
applies; and 17
(b) despite section 5 of that Act, includes a 18
charge made against the person for an 19
offence. 20
criminal organisation means-- 21
(a) for the definition identified participant--a 22
criminal organisation under the Criminal 23
Code, section 1; or 24
(b) otherwise--an organisation identified by the 25
police commissioner as a criminal 26
organisation within the meaning of the 27
Criminal Code, section 1. 28
deal with, an asset, for chapter 3, part 5, division 29
4, see section 111. 30
decision-maker, for an original decision, see 31
section 114(2). 32
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[s 389]
deputy chairperson means the deputy 1
chairperson of the board. 2
disciplinary action, relating to a Minister's 3
approval, means 1 or more of the following-- 4
(a) cancelling the approval; 5
(b) suspending the approval for a stated period; 6
(c) varying the approval in either of the 7
following ways, except if the variation is 8
made as the result of an application of the 9
control body-- 10
(i) changing a condition stated in the 11
approval to which it is subject; 12
(ii) stating a new condition to which the 13
approval is to be subject. 14
dispose, for chapter 3, part 5, division 4, see 15
section 111. 16
disqualifying conviction means either of the 17
following-- 18
(a) a conviction, whether or not a spent 19
conviction, for an offence against-- 20
(i) this Act, the Racing Integrity Act or the 21
repealed Act; or 22
(ii) a law of another State, that is 23
prescribed by regulation as a law about 24
racing or betting; 25
(b) a conviction for an indictable offence 26
against another Act or law, other than an 27
irrelevant spent conviction. 28
document or information request, for chapter 3, 29
part 6, see section 113AG. 30
eligible corporation means a corporation that-- 31
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[s 389]
(a) is registered under the Corporations Act; 1
and 2
(b) has a constitution under the Corporations 3
Act that, at all times, requires-- 4
(i) at least 3 directors; and 5
(ii) the persons appointed or employed as 6
executive officers of the corporation to 7
be eligible individuals; and 8
(c) has not, at any time, had a licence cancelled 9
under this Act or the Racing Integrity Act. 10
eligible individual means a person who-- 11
(a) is not affected by bankruptcy action; and 12
(b) does not have a disqualifying conviction; 13
and 14
(c) is not subject to an exclusion action; and 15
(d) is not licensed by, or is not an executive 16
officer of a corporation that is licensed by, 17
the commission; and 18
(e) is not a member of a committee, or 19
employee, of-- 20
(i) a licensed club; or 21
(ii) an association formed in Australia to 22
promote the interests of 1 or more 23
participants in a code of racing; and 24
(f) is not disqualified from managing 25
corporations, under the Corporations Act, 26
part 2D.6; and 27
(g) has not, at any time, had a licence cancelled 28
under this Act or the Racing Integrity Act. 29
exclusion action, relating to a person, means an 30
action taken by a control body against the person, 31
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by which the control body does either of the 1
following under its rules of racing-- 2
(a) names the person on a list that-- 3
(i) is kept under the control body's rules of 4
racing and identifies persons whose 5
entitlements under the rules are 6
forfeited; and 7
(ii) is, from time to time, published in the 8
control body's racing calendar; 9
(b) warns off the person from entering, or 10
remaining at, a licensed venue, or other 11
place at which trials are or are to be 12
conducted, when the licensed venue or place 13
is being used for the control body's code of 14
racing. 15
executive associate means-- 16
(a) for an approval application--an executive 17
officer of a corporation, a partner, a trustee, 18
or another person stated by the chief 19
executive, whom the chief executive 20
believes will, if the approval applicant is 21
approved as a control body, be associated 22
with the ownership or management of the 23
operations of the control body; or 24
(b) for a corporation approved as a control 25
body--an executive officer of the 26
corporation, a partner, a trustee, or another 27
person stated by the chief executive, whom 28
the chief executive believes is associated 29
with the ownership or management of the 30
operations of the corporation as a control 31
body. 32
executive officer means-- 33
(a) of a corporation--a person who is 34
concerned with, or takes part in, the 35
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corporation's management, whether or not 1
the person is a director of the corporation or 2
the person's position is given the name of 3
executive officer; or 4
(b) of the board--a member, the chief executive 5
officer or another person who is concerned 6
with, or takes part in, the board's 7
management. 8
forge, for chapter 8, part 1, see section 310. 9
holding company, in relation to a body corporate, 10
see the Corporations Act, section 9. 11
identified participant, in a criminal organisation, 12
means a person who is identified by the police 13
commissioner as a participant in the organisation 14
within the meaning of the Criminal Code, section 15
60A(3). 16
indictable offence includes an indictable offence 17
dealt with summarily. 18
information notice, about a decision, means a 19
notice stating the following-- 20
(a) the decision; 21
(b) the date of the decision; 22
(c) the date the decision takes effect; 23
(d) the reasons for the decision; 24
(e) for a decision that is an original 25
decision--how a person to whom the notice 26
is given may apply for an internal review of 27
the decision within 14 days after the person 28
receives the notice. 29
interested person, for an original decision, see 30
section 115. 31
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[s 389]
internal review application means an application 1
under section 117 for an internal review of an 2
original decision. 3
internal review decision see section 119(1)(b). 4
licence means a licence under the Racing 5
Integrity Act in relation to any of the following-- 6
(a) an animal that is suitable for racing in a code 7
of racing; 8
(b) a club that is suitable to be licensed for a 9
code of racing; 10
(c) a person who is suitable to be a participant 11
in a code of racing, including, for example, 12
as the owner of an animal or a racing 13
bookmaker, racing bookmaker's clerk, rider, 14
stable supervisor, stablehand or trainer; 15
(d) a venue that is suitable for race meetings for 16
a code of racing. 17
licence holder means-- 18
(a) for an animal or place--the person stated in 19
the licence as the holder of the licence; or 20
(b) otherwise--the person who is licensed. 21
licensed means licensed by the commission 22
under the Racing Integrity Act. 23
Note-- 24
See, for example, the Racing Integrity Act, section 301. 25
licensed animal means-- 26
(a) an animal that is licensed by the commission 27
for a code of racing; or 28
(b) an animal that a person presents at a 29
licensed venue, another place where a trial 30
for licensed animals is or is to be held or any 31
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other place, as if the animal were a licensed 1
animal. 2
licensed club means a club licensed by the 3
commission to hold race meetings for a code of 4
racing. 5
licensed venue means a place licensed by the 6
commission as a place at which a race meeting 7
may be held by a licensed club for a code of 8
racing. 9
licensed wagering operator, for chapter 3, part 6, 10
see section 113AB. 11
manage, in relation to a code of racing or 12
application code in an approval application, 13
includes-- 14
(a) operating, developing and promoting the 15
code or application code; and 16
(b) regulating activities associated with the code 17
or application code; and 18
(c) prohibiting some activities, or aspects of an 19
activity, associated with the code or 20
application code. 21
member means a member of the board. 22
Ministerial direction means a direction given by 23
the Minister to-- 24
(a) the board under section 9BM; or 25
(b) an approved control body under section 26
32C. 27
Minister's approval means an approval as a 28
control body given by the Minister to an approval 29
applicant under section 26. 30
money includes-- 31
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(a) bank notes, coins, bank drafts, marketable 1
securities, cheques and other orders, 2
warrants, authorities or requests for the 3
payment of money; and 4
(b) an acknowledgement, note or other thing 5
purporting or intended to entitle the bearer 6
or another person to money or money's 7
worth. 8
non-industry member see section 9AI(1)(a). 9
non-proprietary club means a club with a 10
constitution that does both of the following-- 11
(a) provides for the application of all of the 12
club's profits and other income to the 13
promotion of the club's objects; 14
(b) prohibits the payment of dividends to the 15
members of the club. 16
non-proprietary entity, for chapter 3, part 5, 17
division 4, see section 111. 18
notice means a written notice. 19
objector see section 15(1). 20
operational plan means a control body's 21
operational plan under chapter 2, part 3, division 22
5. 23
original decision see section 114(1). 24
participant means a person involved with a code 25
of racing, other than-- 26
(a) a club; or 27
(b) a person who participates merely by doing 28
either or both of the following-- 29
(i) attending a race meeting; 30
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[s 389]
(ii) placing a bet with a racing bookmaker, 1
within the meaning of the Racing 2
Integrity Act, at a race meeting. 3
place includes land and premises. 4
police commissioner means commissioner of the 5
police service. 6
policy means a policy made by a control body for 7
its code of racing under chapter 3, part 2. 8
premises includes-- 9
(a) a building or structure, or part of a building 10
or structure, of any type; and 11
(b) a group of buildings or structures, or part of 12
a group of buildings or structures, of any 13
type. 14
principal racing authority, for chapter 3, part 6, 15
see section 113AB. 16
proposed action, for chapter 2, see section 17
32G(2)(a). 18
Queensland race information, for chapter 3, part 19
6, see section 113AB. 20
race means a contest, contingency or event 21
managed by a control body in which 2 or more 22
licensed animals compete against each other for 23
the purpose of providing a contest, contingency 24
or event on which bets may be made. 25
race information authority, for chapter 3, part 6, 26
see section 113AB. 27
race meeting means-- 28
(a) a meeting for conducting racing of licensed 29
animals; or 30
(b) a betting meeting. 31
racing calendar see section 38(1). 32
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[s 389]
racing-industry member see section 9AI(1)(b). 1
Racing Integrity Act means the Racing Integrity 2
Act 2015. 3
regulation condition see section 30(1). 4
relevant control body, for chapter 3, part 5, 5
division 4, see section 111. 6
repealed Act means the Racing and Betting Act 7
1980. 8
review notice see section 119(1)(c). 9
rider, of an animal, includes-- 10
(a) the driver of the animal; and 11
(b) the jockey for the animal. 12
rules of racing means the rules of racing, as in 13
force from time to time, of a control body for its 14
code of racing, as required under section 91(1). 15
show cause notice see section 32G(1). 16
show cause period see section 32G(2)(g). 17
spent conviction means a conviction-- 18
(a) for which the rehabilitation period under the 19
Criminal Law (Rehabilitation of Offenders) 20
Act 1986 has expired under that Act; and 21
(b) that is not revived as prescribed under 22
section 11 of that Act. 23
staff, in relation to a control body, means persons 24
employed by the control body in any capacity. 25
strategic plan means a control body's strategic 26
plan under chapter 2, part 3, division 5. 27
substantial holding see the Corporations Act, 28
section 9. 29
totalisator, for chapter 3, part 6, see section 30
113AB. 31
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[s 389]
trial means a contest, contingency or event 1
managed by a control body, and controlled by the 2
commission, for testing or training licensed 3
animals, but is not a contest, contingency or event 4
on which bets may be made. 5
UBET means UBET Qld Limited ACN 085 691 6
738. 7
unsuitable corporation means a corporation-- 8
(a) that is a criminal organisation; or 9
(b) in which a substantial holding in the 10
corporation is held by-- 11
(i) an identified participant in a criminal 12
organisation; or 13
(ii) a criminal organisation; or 14
(c) that has a holding company that is a criminal 15
organisation. 16
venue includes a track. 17
wagering monitoring system, for chapter 3, part 18
6, see section 113AB. 19
wagering operator, for chapter 3, part 6, see 20
section 113AB. 21
welfare, of an animal, means issues about the 22
health, safety or wellbeing of the animal. 23
Schedule 2 Renumbered 24
cross-references 25
section 355A 26
Page 290
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Part 4 Amendment of Acts
[s 390]
Liquor Act 1992 1
1 section 4, definition racing offence provision, paragraph (b) 2
Racing Integrity Act 2015 3
1 section 29 4
2 section 30 5
3 section 31 6
4 section 71 7
5 section 78 8
6 section 86 9
7 section 87 10
8 section 249 11
9 section 291 12
10 section 302 13
Part 4 Amendment of Acts 14
390 Acts amended in sch 2 15
Schedule 2 amends the Acts it mentions. 16
Page 291
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Schedule 1
Schedule 1 Dictionary 1
section 5 2
1st deputy commissioner see section 17(2)(a). 3
2nd deputy commissioner see section 17(2)(b). 4
accepted insurance policy or bond see section 153(3). 5
accepted undertaking, for an offcourse approval, see section 6
139. 7
Act document, for chapter 6, part 1, division 1, see section 8
232. 9
affected by bankruptcy action, in relation to an individual, 10
means the individual is insolvent under administration within 11
the meaning of the Corporations Act, section 9. 12
animal welfare direction see section 214(1). 13
animal welfare offence means-- 14
(a) an offence against section 216, 238 or 239; or 15
(b) an offence against the Racing Act, section 317 or 318, as 16
in force before the repeal of the section by this Act; or 17
(c) in relation to a licensed animal or an animal that could 18
be licensed under this Act, an offence against-- 19
(i) the Animal Care and Protection Act 2001, other 20
than chapter 6, part 2, divisions 2, 3, 4 and 7 and 21
sections 206, 207, 208, 209 and 210; or 22
(ii) the Criminal Code, section 242 or 468. 23
approval application means an approval application under the 24
Racing Act. 25
approved control body means an approved control body under 26
the Racing Act. 27
approved form means a form approved under section 279. 28
Page 292
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Schedule 1
approved place, for an offcourse approval, see section 1
133(2)(a). 2
authorised officer means a person who holds office under 3
chapter 5, part 1 as an authorised officer. 4
background document, for chapter 6, part 1, division 1, see 5
section 232. 6
bet includes the action, behaviour, conduct or performance of 7
a person who, whether on 1 or more than 1 occasion, does any 8
of the following acts for the person or for another person, or 9
who cooperates with another person for the doing of any of 10
the acts-- 11
(a) makes or receives a bet or wager; 12
(b) pays, receives, negotiates or settles a bet or wager; 13
(c) offers, agrees or otherwise negotiates-- 14
(i) to bet or wager; or 15
(ii) to pay, receive or settle a bet or wager. 16
betting meeting means a meeting held by a licensed club at a 17
licensed venue, but at which no race is held. 18
bookmaking means the business of receiving or negotiating 19
bets and includes the settlement of bets. 20
business associate-- 21
(a) means-- 22
(i) for an approval application--a person whom the 23
chief executive (racing) reasonably believes will, if 24
the applicant for the approval application is 25
approved as a control body, be associated with the 26
ownership or management of the operations of the 27
control body; or 28
(ii) of an applicant for an eligibility certificate--a 29
person whom the gaming executive reasonably 30
believes will, if the applicant is licensed as a racing 31
bookmaker, be associated with the ownership or 32
management of the business conducted by the 33
racing bookmaker; or 34
Page 293
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Schedule 1
(iii) of a certificate holder who is not licensed as a 1
racing bookmaker--a person whom the gaming 2
executive reasonably believes will, if the holder is 3
licensed as a racing bookmaker, be associated with 4
the ownership or management of the business 5
conducted by the racing bookmaker; or 6
(iv) of a certificate holder who is licensed as a racing 7
bookmaker--a person whom the gaming executive 8
reasonably believes is associated with the 9
ownership or management of the business 10
conducted by the racing bookmaker; and 11
(b) includes, for any corporation, an executive officer of the 12
corporation. 13
certificate holder means the holder of an eligibility certificate 14
that continues to have effect. 15
certified copy, in relation to a racing bookmaker's licence of a 16
corporation, means a copy of the licence certified as a true 17
copy by the commission. 18
chief executive (racing) means the chief executive 19
administering the Racing Act. 20
club means a club under the Racing Act. 21
code of racing means a code of racing under the Racing Act. 22
commission see section 7(1). 23
commissioner see section 16(1). 24
conditions, of an offcourse approval, see section 138. 25
confidential information, about a person, for chapter 6, part 26
1, division 1, see section 232. 27
control body means a control body under the Racing Act. 28
control body associate means-- 29
(a) for an approved control body--a business associate or 30
executive associate of the control body; or 31
(b) for the board under the Racing Act--a person whom the 32
chief executive (racing) believes is associated with the 33
operations of the board. 34
Page 294
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conviction means a finding of guilt, or the acceptance of a 1
plea of guilty, by any court. 2
court means a Magistrates Court. 3
criminal history, of a person, means the person's criminal 4
history within the meaning of the Criminal Law 5
(Rehabilitation of Offenders) Act 1986, and-- 6
(a) despite section 6 of that Act, includes a conviction of the 7
person to which the section applies; and 8
(b) despite section 5 of that Act, includes a charge made 9
against the person for an offence. 10
criminal organisation means-- 11
(a) for the definition identified participant--a criminal 12
organisation under the Criminal Code, section 1; or 13
(b) otherwise--an organisation identified by the police 14
commissioner as a criminal organisation within the 15
meaning of the Criminal Code, section 1. 16
deputy commissioner see section 17(1). 17
disciplinary action, relating to an approval or licence, means 18
1 or more of the following-- 19
(a) cancelling the approval or licence; 20
(b) suspending the approval or licence for a stated period; 21
(c) varying the approval or licence in either of the following 22
ways, except if the variation is made as the result of an 23
application of the control body for the approval or the 24
licence holder-- 25
(i) changing a condition stated in the approval or 26
licence to which it is subject; 27
(ii) stating a new condition to which the approval or 28
licence is to be subject; 29
(d) for a licence-- 30
(i) imposing a monetary penalty; or 31
Page 295
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Schedule 1
(ii) closing, for a stated period, premises or part of 1
premises stated in the licence as premises at which 2
an activity may be conducted under the licence. 3
document certification requirement see section 220(6). 4
document production requirement see section 220(2). 5
drug means-- 6
(a) a substance mentioned in the Standard for the Uniform 7
Scheduling of Medicines and Poisons as in force from 8
time to time, published by the Commonwealth; or 9
(b) another substance, likely to affect the performance of a 10
licensed animal, prescribed by regulation. 11
electronic document means a document of a type under the 12
Acts Interpretation Act 1954, schedule 1, definition document, 13
paragraph (c). 14
eligibility certificate means an eligibility certificate granted to 15
a person by the gaming executive stating that, until a day 16
stated in the certificate, the person is eligible to apply to the 17
commission for a racing bookmaker's licence. 18
employ includes-- 19
(a) engage; and 20
(b) employ or engage whether or not for payment. 21
executive associate means-- 22
(a) for an approval application--an executive officer of a 23
corporation, a partner, a trustee, or another person stated 24
by the chief executive (racing), whom the chief 25
executive (racing) reasonably believes will, if the 26
approval applicant is approved as a control body, be 27
associated with the ownership or management of the 28
operations of the control body; or 29
(b) of an applicant for an eligibility certificate--an 30
executive officer of a corporation, a partner, a trustee, or 31
another person stated by the gaming executive, whom 32
the gaming executive reasonably believes will, if the 33
applicant is licensed as a racing bookmaker, be 34
Page 296
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Schedule 1
associated with the ownership or management of the 1
business conducted by the racing bookmaker; or 2
(c) of a certificate holder who is not licensed as a racing 3
bookmaker--an executive officer of a corporation, a 4
partner, a trustee, or another person stated by the gaming 5
executive, whom the gaming executive reasonably 6
believes will, if the holder is licensed as a racing 7
bookmaker, be associated with the ownership or 8
management of the business conducted by the racing 9
bookmaker; or 10
(d) of a certificate holder who is licensed as a racing 11
bookmaker--an executive officer of a corporation, a 12
partner, a trustee, or another person stated by the gaming 13
executive, whom the gaming executive reasonably 14
believes is associated with the ownership or 15
management of the business conducted by the racing 16
bookmaker. 17
executive officer, of a corporation, means a person who is 18
concerned with, or takes part in, the corporation's 19
management, whether or not the person is a director of the 20
corporation or the person's position is given the name of 21
executive officer. 22
former owner see section 209(1). 23
gaming executive means the chief executive administering the 24
Wagering Act 1998. 25
gaming executive decision see section 130(1). 26
gaming executive form means a form approved by the gaming 27
executive under section 163. 28
general power see section 196(1). 29
help requirement see section 197(1). 30
identified participant, in a criminal organisation, means a 31
person who is identified by the police commissioner as a 32
participant in the organisation within the meaning of the 33
Criminal Code, section 60A(3). 34
identity card, for a provision about authorised officers, means 35
an identity card issued under section 170(1). 36
Page 297
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illegal betting place see section 243. 1
indictable offence includes an indictable offence dealt with 2
summarily. 3
information notice, about a decision, means a notice stating 4
the following-- 5
(a) the decision; 6
(b) the day the decision is made; 7
(c) the day the decision takes effect; 8
(d) the reasons for the decision; 9
(e) for a decision that is an original decision--that the 10
person to whom the notice is given may apply to the 11
commission for an internal review of the decision within 12
14 days after the person receives the notice; 13
(f) for a decision other than an original decision--how a 14
person to whom the notice is given may apply for a 15
review of the decision and the period within which the 16
application must be made. 17
interested person, for an original decision, see section 263. 18
interfere with, in relation to a licensed animal, licence holder 19
or an official of the commission or a control body, for chapter 20
6, part 1, division 3, see section 237. 21
internal review application means an application under 22
section 265 for an internal review of an original decision. 23
internal review decision see section 267(1)(b). 24
licence holder means-- 25
(a) for an animal or place--the person stated in the licence 26
as the holder of the licence; or 27
(b) otherwise--the person who is licensed. 28
Example of a licence holder for paragraph (a)-- 29
An animal called 'Rocket' may be licensed by the commission. Joan 30
Rockettes may be the owner of the licensed animal. The licence will 31
state that Joan Rockettes is the licence holder of the licence for the 32
licensed animal 'Rocket'. 33
Page 298
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licensed means licensed by the commission. 1
licensed animal means-- 2
(a) an animal that is licensed by the commission for its code 3
of racing; or 4
(b) an animal that a person presents at a licensed venue, 5
another place where a trial for licensed animals is or is 6
to be held or any other place, as if the animal were a 7
licensed animal. 8
licensed club means a club licensed to hold race meetings for 9
a code of racing. 10
licensed executive officer, of a corporation that is a racing 11
bookmaker, means an executive officer of the corporation 12
identified in the corporation's racing bookmaker's licence as 13
an executive officer who may carry on bookmaking for the 14
corporation under the licence. 15
licensed venue means a place licensed as a place at which a 16
race meeting may be held by a licensed club for a code of 17
racing. 18
mandatory condition, of an offcourse approval, see section 19
138(2). 20
notice means a written notice. 21
occupier, of a place, includes the following-- 22
(a) if there is more than 1 person who apparently occupies 23
the place--any 1 of the persons; 24
(b) any person at the place who is apparently acting with the 25
authority of a person who apparently occupies the place; 26
(c) if no-one apparently occupies the place--any person 27
who is an owner of the place. 28
of, a place, includes at or on the place. 29
offcourse approval see section 133(1). 30
offence warning, for a direction or requirement by an 31
authorised officer, means a warning that, without a reasonable 32
excuse, it is an offence for the person to whom the direction or 33
requirement is made not to comply with it. 34
Page 299
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official means-- 1
(a) of the commission--an authorised officer or a steward; 2
or 3
(b) of a control body--a person who holds a position in the 4
control body that is stated, under the control body's 5
rules of racing, as a position for which the holder is an 6
official of the control body. 7
Example for paragraph (b)-- 8
A control body's rules of racing may state a holder of the 9
position of handicapper or starter is an official of the control 10
body. 11
operational plan means the commission's operational plan 12
under section 52. 13
original decision see section 262. 14
owner, of a seized thing, includes a person who would be 15
entitled to possession of the thing had it not been seized. 16
participant means a person involved with a code of racing, 17
other than-- 18
(a) a club; or 19
(b) a person who participates merely by doing either or both 20
of the following-- 21
(i) attending a race meeting; 22
(ii) placing a bet with a racing bookmaker at a race 23
meeting. 24
personal details requirement see section 218(5). 25
person in control-- 26
(a) of a vehicle, includes-- 27
(i) the vehicle's driver or rider; and 28
(ii) anyone who reasonably appears to be, claims to be, 29
or acts as if he or she is, the vehicle's driver or rider 30
or the person in control of the vehicle; or 31
Page 300
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Schedule 1
(b) of another thing, includes anyone who reasonably 1
appears to be, claims to be, or acts as if he or she is, the 2
person in possession or control of the thing. 3
place includes the following-- 4
(a) premises; 5
(b) vacant land; 6
(c) a place in Queensland waters; 7
(d) a place held under more than 1 title or by more than 1 8
owner; 9
(e) the land or water where a building or structure, or a 10
group of buildings or structures, is situated. 11
police commissioner means the commissioner of the police 12
service. 13
premises includes the following-- 14
(a) a building or other structure; 15
(b) a part of a building or other structure; 16
(c) a caravan or vehicle; 17
(d) a cave or tent; 18
(e) premises held under more than 1 title or by more than 1 19
owner. 20
prohibited thing, for chapter 6, part 1, division 3, see section 21
237. 22
proposed action, for chapter 3, see section 72(2)(a). 23
public place means a place, or part of a place-- 24
(a) that the public is entitled to use, that is open to members 25
of the public or that is used by the public, whether or not 26
on payment of money; or 27
Examples of a place that may be a public place under paragraph 28
(a)-- 29
a beach, a park, a road 30
(b) the occupier of which allows, whether or not on 31
payment of money, members of the public to enter. 32
Page 301
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Schedule 1
Examples of a place that may be a public place under paragraph 1
(b)-- 2
a saleyard, a showground 3
Queensland Racing Integrity Commission means the 4
Queensland Racing Integrity Commission established under 5
section 7. 6
race means a race under the Racing Act. 7
race meeting means-- 8
(a) a meeting for conducting racing of licensed animals; or 9
(b) a betting meeting. 10
Racing Act means the Racing Act 2002. 11
racing bookmaker means the holder of a racing bookmaker's 12
licence. 13
racing bookmaker's clerk means the holder of a racing 14
bookmaker's clerk licence. 15
racing bookmaker's clerk licence means a licence from the 16
commission to be employed by a racing bookmaker as a clerk 17
in the conduct of the racing bookmaker's business at a 18
licensed venue. 19
racing bookmaker's licence means a licence from the 20
commission as a racing bookmaker for a code of racing. 21
Racing Integrity Commissioner means the person who, under 22
section 16, holds office as the Racing Integrity Commissioner. 23
reasonably believes means believes on grounds that are 24
reasonable in the circumstances. 25
reasonably suspects means suspects on grounds that are 26
reasonable in the circumstances. 27
rules of racing means the rules of racing under the Racing 28
Act. 29
show cause notice-- 30
(a) for chapter 3, part 3, see section 72(1); or 31
(b) for chapter 4, part 3, see section 119(1); or 32
Page 302
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Schedule 1
(c) for chapter 4, part 4, see section 142(1). 1
show cause period-- 2
(a) for chapter 3, part 3, see section 72(2)(e); or 3
(b) for chapter 4, part 3, see section 119(2)(d); or 4
(c) for chapter 4, part 4, see section 142(2)(d). 5
sporting contingency includes the following whether 6
happening in Queensland or elsewhere-- 7
(a) a contest, contingency or event relating to animals, other 8
than a race; 9
(b) a contest, contingency or event relating to an athletic 10
meeting, exercise, fight, game, pastime or sport. 11
staff, of the commission, means persons employed by the 12
commission in any capacity. 13
standard means a standard for a code of racing, made by the 14
commission under chapter 3, part 2. 15
steward means a person appointed by the commission as a 16
steward or deputy steward. 17
strategic plan means the commission's strategic plan under 18
section 52. 19
telecommunications system means a system or network 20
consisting of an electronic device or other equipment for 21
communicating at a distance, including, for example, a 22
telephone system and a system that allows communication 23
electronically by means of the internet, a cable television 24
network or another online communications system. 25
thing includes an animal, whether dead or alive. 26
tribunal means QCAT. 27
unsuitable corporation means a corporation-- 28
(a) that is a criminal organisation; or 29
(b) in which a substantial holding in the corporation is held 30
by-- 31
Page 303
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Schedule 1
(i) an identified participant in a criminal organisation; 1
or 2
(ii) a criminal organisation; or 3
(c) that has a holding company that is a criminal 4
organisation. 5
use, a prohibited thing on a licensed animal, for chapter 6, 6
part 1, division 3, see section 237. 7
vehicle means anything used for carrying any animal, person 8
or thing by land, water or air. 9
Examples-- 10
aircraft, boat, trailer, train, tram 11
venue includes a track. 12
veterinary surgeon means a person registered as a veterinary 13
surgeon under the Veterinary Surgeons Act 1936. 14
welfare, of an animal, means issues about the health, safety or 15
wellbeing of the animal. 16
Page 304
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Schedule 2
Schedule 2 Amendment of Acts 1
section 390 2
Part 1 Minor or consequential 3
amendments of Racing Act 4
2002 5
1 Section 5, 'schedule 3'-- 6
omit, insert-- 7
schedule 1 8
2 Section 9AB, heading, 'All-codes board'-- 9
omit, insert-- 10
Board 11
3 Sections 9AB and 9AC(1), 'all-codes board'-- 12
omit, insert-- 13
board 14
4 Section 9AC(2), 'all-codes board's'-- 15
omit, insert-- 16
board's 17
5 Section 9AH, 'all-codes board'-- 18
omit, insert-- 19
board 20
Page 305
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Schedule 2
6 Chapter 2, part 1A, division 3, heading, 'of all-codes 1
board'-- 2
omit. 3
7 Section 9AM, 'of the all-codes board'-- 4
omit. 5
8 Section 9AM(1)(c), 'as chairperson or deputy 6
chairperson'-- 7
omit. 8
9 Section 9AN(1), 'of the all-codes board'-- 9
omit. 10
10 Section 9AN(1), 'to the all-codes board'-- 11
omit, insert-- 12
to the board 13
11 Section 9AO, heading, 'of all-codes board'-- 14
omit. 15
12 Section 9AO, 'by the all-codes board'-- 16
omit, insert-- 17
by the board 18
13 Sections 9AO and 9AP, 'of the all-codes board'-- 19
omit. 20
14 Chapter 2, part 1A, division 4, heading, 'All-codes 21
board'-- 22
omit, insert-- 23
Page 306
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Schedule 2
Board 1
15 Section 9AQ, 'all-codes board'-- 2
omit, insert-- 3
board 4
16 Section 9AR(1), 'The all-codes board'-- 5
omit, insert-- 6
The board 7
17 Section 9AR, 'of the all-codes board'-- 8
omit. 9
18 Section 9AV(1) and (3) 'The all-codes board'-- 10
omit, insert-- 11
The board 12
19 Sections 9AW and 9AX, 'all-codes board'-- 13
omit, insert-- 14
board 15
20 Section 9AY(1), 'of the all-codes board'-- 16
omit. 17
21 Section 9AY(2), 'The all-codes board'-- 18
omit, insert-- 19
The board 20
Page 307
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Schedule 2
22 Section 9BA(1), 'of the all-codes board'-- 1
omit. 2
23 Section 9BA(2), from 'as chief' to 'the all-codes board'-- 3
omit. 4
24 Section 9BB, 'of the all-codes board are'-- 5
omit, insert-- 6
are 7
25 Section 9BB(a), (b) and (c), 'all-codes'-- 8
omit. 9
26 Section 9BB(c), after 'this Act'-- 10
insert-- 11
and other Acts 12
27 Section 9BD(1) and (2), 'of the all-codes board'-- 13
omit. 14
28 Section 9BE, heading, 'of all-codes board'-- 15
omit. 16
29 Section 9BE(1), 'of the all-codes board'-- 17
omit. 18
30 Section 9BE(1) and (2), ', the all-codes board'-- 19
omit, insert-- 20
, the board 21
Page 308
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Schedule 2
31 Section 9BF, 'of the all-codes board'-- 1
omit. 2
32 Section 9BF, 'by the all-codes board'-- 3
omit, insert-- 4
by the board 5
33 Chapter 2, part 1A, division 6, heading, 'of all-codes 6
board'-- 7
omit. 8
34 Section 9BG(1), 'of the all-codes board'-- 9
omit. 10
35 Chapter 2, part 1A, division 7, heading, 'all-codes'-- 11
omit. 12
36 Chapter 2, part 1A, division 8, heading, 'of all-codes 13
board'-- 14
omit. 15
37 Section 9BL(1), from 'of the all-codes' to 'of the board'-- 16
omit, insert-- 17
or the chief executive officer 18
38 Section 9BL(2), 'all-codes'-- 19
omit. 20
39 Chapter 2, part 1A, division 9, heading, 'all-codes'-- 21
omit. 22
Page 309
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Schedule 2
40 Section 16, heading, 'div 3'-- 1
omit, insert-- 2
division 3
41 Section 18(2), '(the assessed application)'-- 4
omit. 5
42 Section 18(2)(a) and (b), 'assessed'-- 6
omit. 7
43 Section 19(3), from 'each of' to 'applications)'-- 8
omit, insert-- 9
all approval applications 10
44 Section 19(3)(a) and (b), 'assessed'-- 11
omit. 12
45 Section 30(1), 'approval of each control body'-- 13
omit, insert-- 14
Minister's approval 15
46 Section 32A(1)(a), 'developing, operating and'-- 16
omit. 17
47 Section 42(3), 'all-codes'-- 18
omit. 19
48 Section 113AE(2), (4) and (5), 'under a regulation'-- 20
omit, insert-- 21
Page 310
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Schedule 2
by regulation 1
49 Section 329, heading, 'div 1'-- 2
omit, insert-- 3
division 4
50 Section 329, ', under this Act, for an offence'-- 5
omit, insert-- 6
under this Act 7
Part 2 Amendments of other Acts 8
Bail Act 1980 9
1 Schedule, 'Racing Act 2002, section 321, 323 or 325' and 10
'Racing and Betting Act 1980, sections 214, 216, 217 and 11
219'-- 12
omit, insert-- 13
Racing Integrity Act 2015, sections 242, 244 and 246 14
Criminal Organisation Act 2009 15
1 Schedule 2, definition prescribed activity, paragraph (h), 16
'Racing Act 2002'-- 17
omit, insert-- 18
Racing Integrity Act 2015 19
Page 311
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Schedule 2
Interactive Gambling (Player Protection) Act 1998 1
1 Section 6(2)(a)-- 2
omit, insert-- 3
(a) wagering conducted under the Racing 4
Integrity Act 2015 if-- 5
(i) a person places a wager with a racing 6
bookmaker by using a 7
telecommunications system under that 8
Act for conducting the wagering; and 9
(ii) either-- 10
(A) when the wager is placed, the 11
racing bookmaker is carrying on 12
bookmaking at a race meeting 13
under the Racing Act 2002; or 14
(B) the racing bookmaker is carrying 15
on the bookmaking under an 16
offcourse approval under the 17
Racing Integrity Act 2015; 18
Liquor Act 1992 19
1 Section 4-- 20
insert-- 21
racing offence provision means any of the 22
following provisions-- 23
(a) the Racing Integrity Act 2015, sections 242 24
and 244; 25
(b) the Racing Act 2002, section 321 or 323. 26
Page 312
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Schedule 2
2 Section 134(1)(a)(i), 'or the Racing Act 2002, section 321 1
or 323'-- 2
omit, insert-- 3
or a racing offence provision 4
3 Section 136(1)(b)(iii), 'the Racing Act 2002, section 321 or 5
323'-- 6
omit, insert-- 7
a racing offence provision 8
4 Section 151A(3)(a), 'Racing Act 2002'-- 9
omit, insert-- 10
Racing Integrity Act 2015 11
5 Section 232B(1)(b), 'the Racing Act 2002, section 321 or 12
323'-- 13
omit, insert-- 14
a racing offence provision 15
Police Powers and Responsibilities Act 2000 16
1 Section 30(f)(i), after 'Racing Act 2002'-- 17
insert-- 18
or Racing Integrity Act 2015 19
2 Section 32(g), after the entry for the 'Racing Act 2002'-- 20
insert-- 21
• the Racing Integrity Act 2015 22
Page 313
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Schedule 2
3 Schedule 6, definition prescribed place, paragraph (i), 1
'Racing Act 2002'-- 2
omit, insert-- 3
Racing Integrity Act 2015 4
Public Service Act 2008 5
1 Schedule 1-- 6
insert-- 7
8
Queensland Racing Integrity Racing Integrity
Commission under the Racing Integrity Commissioner
Act 2015
Trading (Allowable Hours) Act 1990 9
1 Section 33(2)(b)-- 10
omit, insert-- 11
(b) at a licensed venue under the Racing 12
Integrity Act 2015 where a race meeting 13
under the Racing Act 2002 is held; or 14
Page 314
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Schedule 2
Wagering Act 1998 1
1 Section 12(1) and (2), 'Racing Act 2002'-- 2
omit, insert-- 3
Racing Integrity Act 2015 4
2 Schedule 2, definitions licensed club and licensed venue, 5
'Racing Act 2002, schedule 3'-- 6
omit, insert-- 7
Racing Integrity Act 2015 8
© State of Queensland 2015
Authorised by the Parliamentary Counsel
Page 315
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