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This is a Bill, not an Act. For current law, see the Acts databases.
Harness Racing Bill 2009
No , 2009
A Bill for
An Act to make provision with respect to the control and regulation of harness
racing; and for other purposes.
Clause 1 Harness Racing Bill 2009
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Harness Racing Act 2009. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
de facto partner, in relation to a person, means the other party to a de 9
facto relationship (within the meaning of the Property (Relationships) 10
Act 1984) with the person. 11
eligible industry body means a body determined to be an eligible 12
industry body for the time being under section 32 (2). 13
exercise a function includes perform a duty. 14
function includes a power, authority or duty. 15
GRNSW means Greyhound Racing New South Wales constituted by 16
the Greyhound Racing Act 2009. 17
harness racing means pacing or trotting. 18
harness racing club includes any body or other association of persons, 19
whether incorporated or unincorporated and whether registered or not, 20
promoting, conducting or controlling, or formed for promoting, 21
conducting or controlling, a harness racing meeting or harness racing 22
meetings. 23
harness racing meeting has the same meaning as meeting for harness 24
racing has in section 4 of the Racing Administration Act 1998. 25
HRICG means the Harness Racing Industry Consultation Group 26
established by this Act. 27
HRNSW means Harness Racing New South Wales constituted by this 28
Act. 29
Integrity Auditor means the Harness Racing Integrity Auditor 30
appointed under this Act. 31
racing official means a member of HRNSW, the chief executive officer 32
of HRNSW, a steward appointed by HRNSW or any other member of 33
staff of HRNSW. 34
rule means a rule made under this Act. 35
Selection Panel means the Selection Panel established under section 7. 36
Page 2
Harness Racing Bill 2009 Clause 3
Preliminary Part 1
(2) A reference in this Act to a person associated with harness racing is a 1
reference to the following: 2
(a) a person who handles horses at a harness race, 3
(b) a bookmaker's clerk, 4
(c) a breeder of horses for harness racing, 5
(d) a person who is an officer or employee of a harness racing club 6
or is otherwise concerned in the management or control of any 7
such club, 8
(e) any other person of a class prescribed by the regulations for the 9
purposes of this subsection. 10
(3) Unless the regulations otherwise provide, a reference in any provision 11
of this Act: 12
(a) to registration includes a reference to licence, and 13
(b) to register includes a reference to license, and 14
(c) to registered includes a reference to licensed. 15
Page 3
Clause 4 Harness Racing Bill 2009
Part 2 Harness Racing New South Wales
Part 2 Harness Racing New South Wales 1
4 Constitution of Harness Racing New South Wales 2
(1) There is constituted by this Act a body corporate with the corporate 3
name of Harness Racing New South Wales. 4
(2) HRNSW may use another name approved by the Minister by order 5
published in the Gazette. 6
(3) Without limiting subsection (2), HRNSW may use that other name 7
when entering into any agreement or in relation to any other dealings of 8
HRNSW. 9
5 HRNSW independent of Government 10
HRNSW or any of its subsidiaries: 11
(a) does not represent the Crown and is not subject to direction or 12
control by or on behalf of the Government, and 13
(b) cannot render the State liable for any debts, liabilities or other 14
obligations of HRNSW or its subsidiaries, 15
unless this or any other Act expressly provides otherwise. 16
6 Membership 17
(1) HRNSW is to consist of 5 members appointed as follows: 18
(a) 5 members recommended for appointment by the Selection Panel 19
under section 7 and appointed by the Minister to give effect to the 20
recommendation of the Selection Panel, unless the appointment 21
is to fill a casual vacancy under paragraph (b), 22
(b) the appointment of a member to fill a casual vacancy (a vacancy 23
in the office of a member occurring other than by reason of the 24
completion of the member's term of office) is to be made by the 25
Minister on the nomination of HRNSW. 26
(2) A person is not eligible to be a member of HRNSW if the person: 27
(a) is an employee of a harness racing club, or 28
(b) is a member of the governing body of a harness racing club or 29
eligible industry body, or 30
(c) is registered by or with HRNSW under this Act, or 31
(d) is registered or licensed by or with GRNSW under the 32
Greyhound Racing Act 2009, or 33
(e) holds a licence issued by Racing New South Wales, or 34
Page 4
Harness Racing Bill 2009 Clause 7
Harness Racing New South Wales Part 2
(f) is currently, or during the previous 10 years has been, warned off, 1
disqualified or named on the Unpaid Forfeit List under the rules, 2
or 3
(g) during the previous 10 years has been convicted in New South 4
Wales of an offence that is punishable by imprisonment for 5
12 months or more, or convicted elsewhere than in New South 6
Wales of an offence that, if committed in New South Wales, 7
would be an offence so punishable, or 8
(h) is an undischarged bankrupt or is taking advantage of the laws in 9
force for the time being relating to bankruptcy, or 10
(i) is a mentally incapacitated person. 11
(3) A person is not eligible to be appointed as a member of HRNSW if the 12
person is a member of the Selection Panel at the time the Selection Panel 13
makes its recommendation for the appointment concerned. 14
(4) A person is not eligible to hold office as a member of HRNSW for more 15
than 8 years in total (whether or not involving consecutive terms of 16
office). 17
(5) While a person is a member of HRNSW, any entitlement of the person 18
to vote as a member of a harness racing club or of an eligible industry 19
body is suspended. 20
(6) Schedule 1 contains provisions relating to members of HRNSW. 21
7 Selection Panel 22
(1) The Minister is to establish a Selection Panel to recommend persons for 23
appointment as members of HRNSW and to recommend the term of 24
office of members. 25
(2) The Selection Panel must recommend only the number of persons 26
required to be appointed (no more and no fewer) and must recommend 27
a term of office for each person recommended. 28
(3) The Selection Panel must not recommend a person for appointment as 29
a member of HRNSW unless the Panel is satisfied that the person has 30
experience in a senior administrative role or experience at a senior level 31
in one or more of the fields of business, finance, law, marketing, 32
technology, commerce, regulatory administration or regulatory 33
enforcement. 34
(4) Before recommending a person for appointment as a member of 35
HRNSW, the Selection Panel must conduct a probity check of the 36
person (with the level of scrutiny as determined by the Minister). The 37
Minister is to appoint a Probity Adviser to assist the Selection Panel to 38
conduct probity checks. 39
Page 5
Clause 8 Harness Racing Bill 2009
Part 2 Harness Racing New South Wales
(5) The Selection Panel is to choose between candidates for 1
recommendation for appointment as a member of HRNSW on the basis 2
of merit, with merit to be determined on the basis of a candidate's 3
abilities, qualifications, experience and personal qualities that are 4
relevant to the performance of the duties of membership of HRNSW. 5
8 Review of appointments process 6
(1) The Minister is to review the operation of sections 6 and 7 and clause 3 7
of Schedule 1 to determine whether their policy objectives remain valid 8
and whether their terms remain appropriate for securing those 9
objectives. 10
(2) The review is to be undertaken before the beginning of February 2012. 11
(3) A report on the outcome of the review is to be tabled in each House of 12
Parliament within 12 months after the review is completed. 13
9 Functions of HRNSW 14
(1) HRNSW has the functions conferred or imposed on it by or under this 15
or any other Act or law. 16
(2) Without limiting subsection (1), the functions of HRNSW include the 17
following: 18
(a) to control, supervise and regulate harness racing in the State, 19
(b) to register harness racing clubs, harness racing horses, owners, 20
trainers and drivers of harness racing horses, bookmakers for 21
harness racing and other persons associated with harness racing, 22
(c) to initiate, develop and implement policies considered conducive 23
to the promotion, strategic development and welfare of the 24
harness racing industry in the State, 25
(d) to distribute money received as a result of commercial 26
arrangements required by the Totalizator Act 1997, 27
(e) to allocate to harness racing clubs the dates on which they may 28
conduct harness racing meetings. 29
(3) HRNSW may affiliate with such organisations, whether in or out of 30
New South Wales, as HRNSW considers appropriate. 31
(4) The functions of HRNSW are not limited by the rules and are to be 32
exercised independently of Harness Racing Australia or any successor. 33
10 Powers of HRNSW 34
(1) HRNSW has power to do all things that may be necessary or convenient 35
to be done for or in connection with the exercise of its functions. 36
Page 6
Harness Racing Bill 2009 Clause 10
Harness Racing New South Wales Part 2
(2) Without limiting subsection (1), HRNSW has power to do the 1
following: 2
(a) investigate and report on proposals for the construction of new 3
racecourses, and inspect new racecourses or alterations or 4
renovations to existing racecourses, 5
(b) supervise the activities of harness racing clubs, persons registered 6
by HRNSW and all other persons engaged in or associated with 7
harness racing, 8
(c) inquire into and deal with any matter relating to harness racing 9
and to refer any such matter to stewards or others for 10
investigation and report and, without limiting the generality of 11
this power, to inquire at any time into the running of any harness 12
racing horse on any course or courses, whether or not a report 13
concerning the matter has been made or decision arrived at by 14
any stewards, 15
(d) direct and supervise the dissolution of a harness racing club that 16
ceases to be registered by HRNSW, 17
(e) appoint an administrator to conduct the affairs of a harness racing 18
club, 19
(f) disqualify a harness racing horse from participating in a race, 20
(g) exclude from participating in a race a harness racing horse not 21
registered under the rules, 22
(h) prohibit a person from attending or taking part in a harness racing 23
meeting, 24
(i) impose a penalty on a person registered by it or on an owner of a 25
harness racing horse for a contravention of the rules, 26
(j) consult, join, affiliate and maintain liaison with other 27
associations or bodies, whether in the State or elsewhere, 28
concerned with harness racing, 29
(k) enter into contracts, 30
(l) acquire, hold, take or lease and dispose of real and personal 31
property whether in its own right or as trustee, 32
(m) borrow money, 33
(n) order an audit of the books and accounts of a harness racing club 34
by an auditor who is a registered company auditor nominated by 35
HRNSW, 36
(o) scrutinise the constitutions of harness racing clubs to ensure they 37
conform to any applicable Act and the rules and that they clearly 38
and concisely express the needs and desires of the clubs 39
concerned and of harness racing generally, 40
Page 7
Clause 11 Harness Racing Bill 2009
Part 2 Harness Racing New South Wales
(p) publish material, including periodical publications, to inform the 1
public about matters relating to harness racing, whether in the 2
State or elsewhere, 3
(q) undertake research and investigation into all aspects of the 4
breeding of harness racing horses and of harness racing 5
generally, 6
(r) take such steps and do such acts and things as are incidental or 7
conducive to the exercise of its powers and the performance of its 8
functions. 9
(3) Nothing in this Act confers on HRNSW power to conduct harness 10
racing meetings on its own behalf. 11
11 Registration functions of HRNSW--general 12
(1) HRNSW is to exercise its registration functions so as to ensure that any 13
individuals registered by HRNSW are persons who, in the opinion of 14
HRNSW, are fit and proper persons to be so registered (having regard 15
in particular to the need to protect the public interest as it relates to the 16
harness racing industry). 17
(2) Without limiting subsection (1), a person is not to be so registered if the 18
person has a conviction and HRNSW is of the opinion that the 19
circumstances of the offence concerned are such as to render the person 20
unfit to be so registered. 21
(3) This section does not limit any provisions of the rules relating to the 22
exercise of the registration functions of HRNSW. 23
(4) In this section: 24
conviction has the same meaning as in the Criminal Records Act 1991 25
but does not include a conviction that is spent under that Act. 26
registration functions means the functions referred to in Division 1 of 27
Part 3. 28
12 Consultation and planning 29
(1) HRNSW is to prepare strategic plans for its activities from time to time. 30
(2) HRNSW is to undertake formal consultation on a regular basis with 31
HRICG and other harness racing industry stakeholders in connection 32
with the initiation, development and implementation of policies for the 33
promotion, strategic development and welfare of the harness racing 34
industry. 35
(3) HRNSW is to prepare an initial strategic plan for the harness racing 36
industry within 12 months after the commencement of this section and 37
is to prepare a further strategic plan for the harness racing industry at 38
Page 8
Harness Racing Bill 2009 Clause 13
Harness Racing New South Wales Part 2
least every 3 years after the initial strategic plan is prepared. Each such 1
strategic plan must be prepared in consultation with HRICG and other 2
harness racing industry stakeholders. 3
(4) The annual report of HRNSW under section 16 is to include a progress 4
report on implementation of the strategic plan of HRNSW and the 5
strategic plan for the harness racing industry over the period to which 6
the annual report relates. 7
13 Chief executive officer of HRNSW 8
(1) HRNSW may employ a chief executive officer of HRNSW. 9
(2) The chief executive officer is responsible for the day-to-day 10
management of HRNSW. 11
(3) The Public Sector Employment and Management Act 2002 does not 12
apply to or in respect of the chief executive officer. 13
14 Staff of HRNSW 14
(1) HRNSW may employ such other staff as it requires to exercise its 15
functions. 16
(2) HRNSW may fix the salary, wages and other conditions of staff 17
employed under subsection (1) (including the chief executive officer of 18
HRNSW) in so far as they are not fixed by or under any other Act or 19
law. 20
(3) The Public Sector Employment and Management Act 2002 does not 21
apply to or in respect of staff employed under subsection (1). 22
(4) HRNSW may engage consultants for the purposes of obtaining expert 23
advice. 24
15 Arrangements for use of staff and facilities of GRNSW or Racing New 25
South Wales 26
(1) HRNSW may arrange for the use of the services of any staff (by 27
secondment or otherwise) or facilities of GRNSW or Racing New South 28
Wales. 29
(2) For the purposes of this Act, a person whose services are made use of 30
under subsection (1) is taken to be a member of staff of HRNSW. 31
(3) Without limiting subsection (1), HRNSW may arrange for a steward 32
appointed by GRNSW or Racing New South Wales to perform the 33
functions of a steward of HRNSW under this Act. Any such person is 34
taken to have been appointed by HRNSW as a steward for the purposes 35
of this Act while exercising functions under this Act in accordance with 36
those arrangements. 37
Page 9
Clause 16 Harness Racing Bill 2009
Part 2 Harness Racing New South Wales
(4) Without limiting subsection (1), HRNSW may arrange to share with 1
GRNSW or Racing New South Wales any equipment, information 2
technology (such as computer software) or office or any administrative 3
system relating to licensing or registration. 4
(5) HRNSW is not authorised to enter into an arrangement under this 5
section in relation to stewards, or registration, without the consent of the 6
Minister. 7
(6) The consent of the Minister under subsection (5): 8
(a) may be given in relation to a particular arrangement or a class of 9
arrangements, and 10
(b) may be subject to conditions, and 11
(c) may be amended from time to time. 12
16 Annual report of HRNSW 13
(1) HRNSW must, as soon as practicable after 30 June and in any case 14
before 1 November in each year prepare and forward to the Minister a 15
report of its work and activities for the 12 months ending on that 16
30 June. 17
(2) The report must include copies of the financial statements of HRNSW 18
for the 12-month period to which the report relates together with an 19
auditor's report on those statements prepared by an independent auditor. 20
(3) The Minister is to table the report or cause it to be tabled in both Houses 21
of Parliament as soon as practicable after the report is forwarded to the 22
Minister. 23
(4) HRNSW is to make copies of the report available to the public at a 24
reasonable price. 25
Page 10
Harness Racing Bill 2009 Clause 17
Control and regulation of harness racing Part 3
Part 3 Control and regulation of harness racing 1
Division 1 Registration 2
17 Registration of harness racing clubs 3
(1) HRNSW may, in accordance with the rules, register or refuse to register 4
any harness racing club. 5
(2) HRNSW must not refuse to register a harness racing club under this 6
section unless it is of the opinion that: 7
(a) the racing club is not, or will not be, financially viable in relation 8
to participation in the harness racing industry, or 9
(b) the registration of the harness racing club (whether under this or 10
another Act) has previously been cancelled, or 11
(c) it would be in the best interests of the harness racing industry to 12
do so. 13
18 Registration of harness horses and persons associated with harness 14
racing 15
(1) HRNSW may, in accordance with the rules, register or refuse to register 16
any harness racing horse, or any owner, trainer or driver of harness 17
racing horses, bookmaker or other person associated with harness 18
racing. 19
(2) HRNSW must not refuse to register any harness racing horse or any 20
person under subsection (1) unless it is of the opinion that it would be 21
in the best interests of the harness racing industry to do so. 22
19 Registration of bookmakers 23
(1) An individual over the age of 18 years or a proprietary company may 24
apply to HRNSW for registration as a bookmaker in relation to harness 25
racing. 26
(2) Despite section 18 (2), HRNSW must refuse to grant an application for 27
registration of a proprietary company as a bookmaker unless satisfied 28
that the company is an eligible company. 29
(3) For the purposes of this section, eligible company means a proprietary 30
company that is registered under the Corporations Act 2001 of the 31
Commonwealth and in which: 32
(a) each director, shareholder and person concerned in the 33
management of the company is of or over the age of 18 years, and 34
(b) each director is registered as a bookmaker under this Act, and 35
Page 11
Clause 19 Harness Racing Bill 2009
Part 3 Control and regulation of harness racing
(c) each director is a shareholder and person concerned in the 1
management of the company, and 2
(d) each shareholder who is not a director is a close family member 3
of a director, and 4
(e) each shareholder or person concerned in the management of the 5
company who is not a director is, in the opinion of HRNSW, a fit 6
and proper person to be registered as an individual as a 7
bookmaker under this Act, and 8
(f) no shareholder or person concerned in the management of the 9
company, other than a director, is registered as an individual as a 10
bookmaker under this Act, and 11
(g) subject to the regulations, no person (other than a shareholder) 12
has any interest in the shares or assets of the company. 13
(4) It is a condition of a company's registration as a bookmaker under this 14
Act that: 15
(a) the company continues to be an eligible company, and 16
(b) no director, shareholder or person concerned in the management 17
of the company: 18
(i) is a director, shareholder or person concerned in the 19
management of, or is an employee or agent of, any other 20
company that is registered as a bookmaker under this Act, 21
or 22
(ii) has a financial interest in any business of a bookmaker that 23
is carried on by any such other company under the 24
authority of its registration under this Act, or 25
(iii) is registered or otherwise authorised as an individual to 26
carry on, or carries on, the business of a bookmaker, 27
bookmaker's clerk or turf commission agent, or a 28
totalizator business, or any other kind of betting, wagering, 29
gambling or gaming business, in another country, or 30
(iv) is a director, shareholder or person concerned in the 31
management of a corporation, or is a member of a 32
partnership, that is registered or otherwise authorised to 33
carry on, or that carries on, any such business in another 34
country, or 35
(v) is an employee or agent of any individual, partnership or 36
corporation referred to in subparagraph (iii) or (iv), or 37
(vi) has a financial interest in the business of a bookmaker or 38
turf commission agent, or a totalizator business, or any 39
other kind of betting, wagering, gambling or gaming 40
business, that is authorised to be carried on or is carried on 41
in another country. 42
Page 12
Harness Racing Bill 2009 Clause 19
Control and regulation of harness racing Part 3
(5) It is a condition of a company's registration as a bookmaker under this 1
Act that no director, shareholder or person concerned in the 2
management of the company: 3
(a) carries on the business of a bookmaker, otherwise than on behalf 4
of the company, in relation to any greyhound, horse or harness 5
race, at a harness racing meeting in New South Wales, or 6
(b) carries on the business of an authorised sports betting 7
bookmaker, otherwise than on behalf of the company, at a 8
racecourse licensed for harness racing. 9
(6) In subsection (4) (b), a reference to carrying on the business of a 10
bookmaker, or the business of a bookmaker's clerk or turf commission 11
agent, includes a reference to acting as a bookmaker, or a bookmaker's 12
clerk or turf commission agent. 13
(7) HRNSW may suspend or cancel the registration of a company as a 14
bookmaker if satisfied that any condition referred to in subsection (4) or 15
(5) is contravened in respect of the company. This does not limit the 16
powers of HRNSW to suspend or cancel the registration of a company 17
as a bookmaker under section 21. 18
(8) Any debt that is incurred by a company in carrying on business as a 19
bookmaker registered under this Act is enforceable jointly and severally 20
against all persons who are directors of the company at the time the debt 21
is incurred (whether or not they are directors at the time the debt is 22
sought to be enforced). 23
(9) In this section: 24
authorised sports betting bookmaker has the same meaning as in 25
section 4 of the Racing Administration Act 1998. 26
close family member of a director means: 27
(a) a spouse, de facto partner, parent, child, brother or sister of the 28
director, or 29
(b) a person who has a relationship with the director that is 30
prescribed by the regulations for the purposes of this definition. 31
financial interest in a bookmaking business means an entitlement to 32
receive any of the income from the business. 33
proprietary company has the same meaning as in the Corporations Act 34
2001 of the Commonwealth. 35
racecourse licensed for harness racing means a racecourse in respect 36
of which a licence for harness racing meetings granted under section 7 37
of the Racing Administration Act 1998 is in force. 38
Page 13
Clause 20 Harness Racing Bill 2009
Part 3 Control and regulation of harness racing
20 Suspension or cancellation of registration of harness racing clubs on 1
commercial grounds 2
(1) HRNSW may, in accordance with the rules, suspend or cancel the 3
registration of any harness racing club. 4
(2) HRNSW must not suspend or cancel any registration under this section 5
unless it is of the opinion that: 6
(a) the harness racing club is not, or will not be, financially viable in 7
relation to participation in the harness racing industry, or 8
(b) it would be in the best interests of the harness racing industry to 9
do so. 10
(3) HRNSW may not suspend or cancel any registration under this section 11
for the purpose of taking disciplinary action or for the purposes of 12
occupational health and safety. 13
21 Disciplinary and occupational health and safety action may be taken by 14
HRNSW 15
(1) HRNSW may, in accordance with the rules, do any of the following: 16
(a) cancel the registration under this Act of: 17
(i) any harness racing club, or 18
(ii) any harness racing horse, or 19
(iii) any owner, trainer or driver of harness racing horses, or 20
bookmaker or other person associated with harness racing, 21
(b) disqualify, either permanently or temporarily, any owner, trainer 22
or driver of harness racing horses, or bookmaker or other person 23
associated with harness racing, 24
(c) prohibit any person from participating in or associating with 25
harness racing in any specified capacity, 26
(d) prohibit any horse from competing in any harness race, 27
(e) prohibit any person from attending or taking part in a harness 28
racing meeting, 29
(f) impose fines, not exceeding 200 penalty units, on any harness 30
racing club or on any owner, trainer or driver of harness racing 31
horses, or bookmaker or other person associated with harness 32
racing for breaches of the rules, 33
(g) suspend, for such term as HRNSW thinks fit, any right or 34
privilege conferred by this Act or the rules on any owner, trainer 35
or driver of harness racing horses, or bookmaker or other person 36
associated with harness racing, 37
Page 14
Harness Racing Bill 2009 Clause 22
Control and regulation of harness racing Part 3
(h) prohibit any person registered under the rules from taking part in 1
any harness racing meeting held by any harness racing club that 2
is not registered under the rules. 3
(2) Any fine imposed under subsection (1) (f) is to be paid to and be the 4
property of HRNSW. 5
(3) HRNSW may only take action under this section for disciplinary 6
purposes or for the purposes of occupational health and safety. 7
Division 2 Rules 8
22 Rules in relation to harness racing 9
(1) HRNSW may make rules, not inconsistent with this Act or the 10
regulations, for or with respect to the control and regulation of harness 11
racing. 12
(2) Without limiting the generality of subsection (1), HRNSW may make 13
rules for or with respect to the following: 14
(a) any matter that by this Act is required or permitted to be 15
prescribed by the rules, 16
(b) any of the matters referred to in Division 1, 17
(c) the effect of a disqualification of, or other penalty imposed on, a 18
person or harness racing horse under section 21 (1), 19
(d) the allocation to harness racing clubs of dates on which they may 20
conduct harness racing meetings and harness races, 21
(e) the holding and conduct of harness racing meetings and of races 22
at any such meeting, 23
(f) the keeping of horses that are in the care or custody of persons 24
registered under the rules, 25
(g) the breeding of harness racing horses, 26
(h) the naming and identification of harness racing horses, 27
(i) the appointment of stewards by HRNSW and the functions of 28
those stewards (including functions that do not relate to harness 29
racing meetings), 30
(j) conferring on stewards appointed by HRNSW the same functions 31
as are exercisable by HRNSW under Division 1, 32
(k) the extent to which and the circumstances in which stewards 33
appointed by HRNSW may exercise their functions to the 34
exclusion of stewards of harness racing clubs, 35
(l) the fees and charges referred to in section 38. 36
Page 15
Clause 23 Harness Racing Bill 2009
Part 3 Control and regulation of harness racing
23 Rules generally 1
(1) A provision of a rule made under this Division may: 2
(a) apply generally or be limited in its application by reference to 3
specified exceptions or factors, or 4
(b) apply differently according to different factors of a specified 5
kind, or 6
(c) authorise any matter or thing to be from time to time determined, 7
applied or regulated by any specified person or body, 8
or may do any combination of those things. 9
(2) A rule made under this Division may apply, adopt or incorporate any 10
publication as in force at a particular time or as in force from time to 11
time. 12
(3) A rule made under this Division may not be made for or with respect to 13
any of the matters for or with respect to which regulations may be made 14
by virtue of this Act (section 48 (1) (b) excepted). 15
Division 3 Harness Racing Integrity Auditor 16
24 Appointment of Integrity Auditor 17
(1) HRNSW is to appoint a person who, in the opinion of HRNSW, has 18
suitable legal qualifications to hold the office of Harness Racing 19
Integrity Auditor. 20
(2) HRNSW is to conduct a probity check of a person (with the level of 21
scrutiny to be determined by the Minister) before appointing a person to 22
the office of Harness Racing Integrity Auditor. 23
(3) An appointment of a Harness Racing Integrity Auditor has no effect 24
unless the Minister approves of the appointment. 25
(4) A person holding office as the Greyhound Racing Integrity Auditor 26
under the Greyhound Racing Act 2009 may also be appointed to the 27
office of Harness Racing Integrity Auditor. 28
(5) A probity check need not be conducted under subsection (2) of a person 29
if the person holds the office of the Greyhound Racing Integrity Auditor 30
and GRNSW conducted probity checks of that person before his or her 31
appointment in accordance with the Greyhound Racing Act 2009. 32
25 Functions of Integrity Auditor 33
(1) The Integrity Auditor has the following functions: 34
(a) the primary oversight of those aspects of the functions of 35
HRNSW that relate to stewards, drug testing and control and 36
registration, 37
Page 16
Harness Racing Bill 2009 Clause 26
Control and regulation of harness racing Part 3
(b) providing advice to HRNSW on the matters referred to in 1
paragraph (a), 2
(c) receiving and investigating complaints against racing officials in 3
respect of the exercise of functions relating to harness racing, 4
(d) such other functions as are conferred or imposed on the Integrity 5
Auditor by or under this or any other Act. 6
(2) The functions of the Integrity Auditor are to be exercised independently 7
of HRNSW. 8
26 Inquiries and investigations by Integrity Auditor in relation to complaint 9
(1) A person may make a complaint to the Integrity Auditor in respect of 10
the exercise of functions by a racing official relating to harness racing. 11
(2) On receiving a complaint from a person under this section, the Integrity 12
Auditor must investigate the complaint with due diligence unless the 13
Integrity Auditor considers that the complaint: 14
(a) is frivolous, vexatious or not made in good faith, or 15
(b) is trivial, or 16
(c) does not relate to the exercise of functions by a racing official in 17
a corrupt, improper or unethical manner. 18
(3) If the Integrity Auditor decides to investigate a complaint, the Integrity 19
Auditor must inform the racing official concerned of the substance of 20
the complaint and give the racing official a reasonable opportunity to 21
respond to it. 22
(4) The Integrity Auditor may, by notice in writing, require a racing official 23
who is the subject of an investigation under this section to do one or 24
more of the following: 25
(a) provide, in accordance with directions in the notice, such 26
information verified by statutory declaration as, in the opinion of 27
the Integrity Auditor, is relevant to the investigation and is 28
specified in the notice, 29
(b) produce, in accordance with directions in the notice, such records 30
as, in the opinion of the Integrity Auditor, are relevant to the 31
investigation and permit examination of the records, the taking of 32
extracts from them and the making of copies of them, 33
(c) authorise a person described in the notice to comply with a 34
requirement of the kind referred to in paragraph (a) or (b), 35
Page 17
Clause 27 Harness Racing Bill 2009
Part 3 Control and regulation of harness racing
(d) furnish to the Integrity Auditor such authorisations and consents 1
as the Integrity Auditor requires for the purpose of enabling the 2
Integrity Auditor to obtain information (including financial and 3
other confidential information) from other persons concerning 4
the person under investigation. 5
(5) A person who complies with a requirement of a notice under 6
subsection (4) does not on that account incur a liability to another 7
person. 8
(6) A person must not fail to comply with a requirement of the Integrity 9
Auditor contained in a notice under subsection (4). 10
Maximum penalty (subsection (6)): 20 penalty units. 11
27 Action after investigation of complaint 12
(1) The Integrity Auditor must provide a report in writing of the results of 13
the investigation of a complaint to HRNSW and the Minister if satisfied 14
that those results indicate that there has been a contravention of this or 15
any other Act in relation to the conduct of harness racing or a 16
contravention of the code of conduct adopted by HRNSW in accordance 17
with clause 16 of Schedule 1. 18
(2) If such a report identifies any racing official in an adverse manner, the 19
Integrity Auditor must also give a copy of the report to the racing 20
official. 21
(3) The Integrity Auditor must inform the person who made the complaint 22
of whether a report has been made under this section or whether the 23
Integrity Auditor considers that the complaint does not warrant such a 24
report being made. 25
Page 18
Harness Racing Bill 2009 Clause 28
Directions and minimum standards Part 4
Part 4 Directions and minimum standards 1
28 Power to set minimum standards for conduct of races and harness 2
racing meetings 3
(1) HRNSW may set minimum standards in connection with the conduct by 4
harness racing clubs of harness races and harness racing meetings, 5
including minimum standards with respect to the following: 6
(a) racecourse design and construction, 7
(b) racecourse facilities and amenities (including facilities and 8
amenities to be provided for patrons, such as grandstands and 9
other patron amenities), 10
(c) harness racing training facilities, 11
(d) the financial management of harness racing meetings, including 12
the management of the costs of conducting harness racing 13
meetings, 14
(e) the fees and charges imposed by a harness racing club in 15
connection with races conducted by the club, 16
(f) prize money paid on races conducted by a harness racing club, 17
(g) starters, appearance and other fees paid by a harness racing club, 18
(h) such other matters relating to the conduct of harness races and 19
harness racing meetings as may be prescribed by the regulations. 20
(2) HRNSW may set minimum standards under this section in any one or 21
more (or any combination) of the following ways: 22
(a) by a direction in writing to harness racing clubs, 23
(b) as a condition of the registration of harness racing clubs, 24
(c) as a condition of the allocation of the dates on which harness 25
racing clubs may conduct harness racing meetings. 26
(3) HRNSW is to consult with harness racing clubs in relation to any 27
proposal to set minimum standards under this section and in the course 28
of that consultation must give a harness racing club a reasonable 29
opportunity to be heard and to make submissions on the proposal. 30
(4) Minimum standards may be set under this section even if they are 31
inconsistent with a provision of a by-law under any Act. In the event of 32
an inconsistency between minimum standards set under this section and 33
a provision of such a by-law, those minimum standards prevail to the 34
extent of the inconsistency. 35
Page 19
Clause 29 Harness Racing Bill 2009
Part 4 Directions and minimum standards
29 Harness racing clubs to provide information and documents 1
HRNSW may give a direction in writing to a harness racing club 2
requiring the club to provide specified documents or furnish specified 3
information to HRNSW within a time specified in the direction, being 4
documents or information that HRNSW considers will be of assistance 5
in connection with the exercise of its functions referred to in 6
section 9 (2) (a) or (c) or 28. 7
30 Sanctions for non-compliance by harness racing club with directions 8
and minimum standards 9
(1) HRNSW may impose any sanction authorised by this section on a 10
harness racing club that HRNSW is satisfied has: 11
(a) failed without reasonable excuse to comply with a minimum 12
standard set under section 28, or 13
(b) failed without reasonable excuse to comply with a direction given 14
to the harness racing club under section 29. 15
(2) Each of the following sanctions is a sanction that HRNSW may impose 16
under this section: 17
(a) a public admonishment of the harness racing club, 18
(b) a requirement that the harness racing club pay to HRNSW a civil 19
penalty of up to 50 penalty units (or up to 100 penalty units if the 20
contravention or failure is the second or a subsequent 21
contravention or failure for which a civil penalty has been 22
imposed on the club under this section), 23
(c) suspension or cancellation of the harness racing club's 24
registration. 25
(3) HRNSW is not to impose a sanction under this section without first 26
giving the harness racing club concerned notice in writing of the 27
proposed sanction and a reasonable opportunity to be heard and to make 28
submissions about the matter. 29
(4) Subsection (3) does not apply in respect of the imposition of a sanction 30
if HRNSW is satisfied that the sanction must be imposed as a matter of 31
urgency because the contravention or failure concerned poses a 32
significant threat: 33
(a) to public health or safety, or 34
(b) to the financial wellbeing of the harness racing industry as a 35
whole in New South Wales. 36
Page 20
Harness Racing Bill 2009 Clause 30
Directions and minimum standards Part 4
(5) A sanction is imposed by giving notice in writing of the decision to 1
impose the sanction to the harness racing club concerned. 2
(6) A civil penalty imposed under this section may be recovered by 3
HRNSW as a debt. 4
Page 21
Clause 31 Harness Racing Bill 2009
Part 5 Harness Racing Industry Consultation Group
Part 5 Harness Racing Industry Consultation Group 1
31 Establishment of Harness Racing Industry Consultation Group 2
There is established by this Act a committee called the Harness Racing 3
Industry Consultation Group. The committee may also be called 4
HRICG. 5
32 Membership 6
(1) HRICG is to consist of the following members: 7
(a) one person nominated by the New South Wales Harness Racing 8
Club, 9
(b) one person nominated by the clubs funded by HRNSW as TAB 10
clubs, 11
(c) one person nominated by the clubs funded by HRNSW as 12
non-TAB clubs, 13
(d) no more than 3 persons, each to be nominated by a different 14
eligible industry body. 15
(2) The Minister is to determine from time to time the bodies that are 16
eligible industry bodies for the purposes of subsection (1) (d). The 17
Minister is to consult with HRNSW on determinations made by the 18
Minister under this subsection. 19
(3) A person may be appointed as an alternate of a member, to act as that 20
member during the absence or illness of, or during a vacancy in the 21
office of, the member. 22
(4) An alternate is to be appointed by the body that the member represents 23
or (in the case of a member who is nominated by a body) appointed by 24
the nominating body. 25
(5) An alternate, while acting as a member, is taken to be a member and has 26
and may exercise the functions of the member for whom he or she is the 27
alternate. 28
(6) If a body referred to in subsection (1) changes its name or ceases to 29
exist, the Minister may, by order published in the Gazette, direct that a 30
reference in this section to the body is to be read as a reference to the 31
body under its changed name or to a specified body that appears to the 32
Minister to be the body's successor. 33
(7) Schedule 2 contains provisions relating to members of HRICG. 34
Page 22
Harness Racing Bill 2009 Clause 33
Harness Racing Industry Consultation Group Part 5
33 Eligibility for membership 1
(1) A person is not eligible to be a member of HRICG if the person: 2
(a) is a member of the Selection Panel, or 3
(b) is a member of HRNSW, or 4
(c) is currently, or during the previous 10 years has been, warned off, 5
disqualified or named on the Unpaid Forfeit List under the rules, 6
or 7
(d) during the previous 10 years has been convicted in New South 8
Wales of an offence that is punishable by imprisonment for 9
12 months or more, or convicted elsewhere than in New South 10
Wales of an offence that, if committed in New South Wales, 11
would be an offence so punishable, or 12
(e) is an undischarged bankrupt or is taking advantage of the laws in 13
force for the time being relating to bankruptcy, or 14
(f) is a mentally incapacitated person. 15
(2) A person is not eligible to be appointed as a member of HRICG unless 16
the person has been the subject of a probity check by HRNSW. 17
34 Functions of HRICG 18
(1) HRICG has the function of consulting with and making 19
recommendations to HRNSW on matters concerning harness racing in 20
the State. 21
(2) Recommendations made by HRICG to HRNSW are to be made in 22
writing and tabled at the next meeting of HRNSW or may be presented 23
in person at that meeting by the Chairperson of HRICG. 24
(3) HRNSW is to respond to HRICG in writing in relation to any such 25
recommendations within a reasonable time after they are received. If 26
HRNSW does not support a recommendation made by HRICG, the 27
response by HRNSW is to include its reasons for not supporting the 28
recommendation. 29
(4) The Chairperson of HRICG is to provide a report on the work and 30
activities of HRICG for inclusion in the annual report of HRNSW. 31
Page 23
Clause 35 Harness Racing Bill 2009
Part 6 Finance
Part 6 Finance 1
35 Financial year 2
(1) Subject to subsection (2), the financial year of HRNSW is the year 3
commencing on 1 July. 4
(2) A different financial year for HRNSW may be determined by the 5
Minister by order published in the Gazette. 6
36 Expenses 7
HRNSW is liable for all expenses (including remuneration and 8
allowances payable to members of HRNSW, the chief executive officer 9
of HRNSW and the other staff of HRNSW) incurred by HRNSW in the 10
exercise of its functions. 11
37 Accounts 12
HRNSW may establish such accounts as it thinks appropriate for the 13
money received and expended by HRNSW. 14
38 Fees and charges 15
(1) HRNSW may determine the fees and charges payable for registration or 16
for the transaction of other business with HRNSW. 17
(2) If a steward appointed by HRNSW acts at a harness racing meeting held 18
by a harness racing club, HRNSW may charge the club for the services 19
of the steward. 20
39 Harness Racing Benevolent Fund 21
(1) There is to be established by HRNSW, in an authorised deposit-taking 22
institution in New South Wales, a fund to be called the "Harness Racing 23
Benevolent Fund". 24
(2) There is to be paid into the Benevolent Fund: 25
(a) any money received by HRNSW for payment into the Benevolent 26
Fund, and 27
(b) any money acquired by HRNSW on trust or subject to a condition 28
that it be applied in or towards the assistance of a person to whom 29
subsection (4) (a) applies, and 30
(c) any money received by HRNSW: 31
(i) in respect of any loan advanced from money within the 32
Benevolent Fund, and 33
(ii) in payment of interest on any such loan, and 34
Page 24
Harness Racing Bill 2009 Clause 39
Finance Part 6
(iii) in payment of any charges, costs and expenses incurred in 1
respect of any such loan, and 2
(d) the income derived from the investment of any money within the 3
Benevolent Fund. 4
(3) If money in the Benevolent Fund: 5
(a) was paid into the Benevolent Fund under subsection (2) (b), and 6
(b) is, under the terms of a trust, or by virtue of a condition, to which 7
HRNSW has agreed, required to be applied in or towards the 8
assistance of a specified person or a specified class or description 9
of persons, being a person or persons from within the class of 10
persons to whom subsection (4) (a) applies, 11
that money (together with any interest or income derived from the 12
investment of that money) is to be carried to a separate account in the 13
Benevolent Fund established for the purpose of the trust or of fulfilling 14
the condition. 15
(4) There may be paid out of the Benevolent Fund: 16
(a) in respect of money that has not been carried to a separate account 17
in the Benevolent Fund, grants or loans (whether with or without 18
interest) to any person who is in indigent circumstances and who 19
is or has, at any time, been: 20
(i) an owner, trainer or driver of harness racing horses, or 21
(ii) a person employed in a stable of harness racing horses, or 22
(iii) a person who has rendered valuable service to harness 23
racing, or 24
(iv) a dependant of a person referred to in subparagraph (i), (ii) 25
or (iii), and 26
(b) in respect of money which has been carried to a separate account 27
within the Benevolent Fund, that money (and any interest or 28
income derived from the investment of that money) subject to the 29
trust or condition on which that money is held. 30
Page 25
Clause 40 Harness Racing Bill 2009
Part 7 Miscellaneous
Part 7 Miscellaneous 1
40 Records 2
HRNSW is to keep records for the purposes of this Act relating to its 3
functions. 4
41 Production of records to HRNSW 5
(1) In this section: 6
records includes: 7
(a) documents, registers and other records of information, and 8
(b) invoices, receipts, orders for the payment of money, bills of 9
exchange, promissory notes, vouchers and other records of 10
transactions, and 11
(c) such working papers and other documents as are necessary to 12
explain the methods and calculations by which accounts are made 13
up, 14
however compiled, recorded or stored. 15
(2) HRNSW may at any time, by notice in writing, give a direction to: 16
(a) a harness racing club, or 17
(b) a person who is or has been an officer or employee of, or an agent, 18
banker, Australian legal practitioner, auditor or other person 19
acting in any capacity for or on behalf of, a harness racing club 20
(including such a club that is in the course of being wound up or 21
has been dissolved), 22
requiring the production, at such time and place as are specified in the 23
direction, of such records relating to the affairs of the harness racing 24
club as are so specified. 25
(3) Where any records relating to the affairs of a harness racing club are 26
compiled, recorded or stored by means of a mechanical, electronic or 27
other device, a direction under subsection (2) may require the 28
production of a document containing a clear reproduction in writing of 29
the whole or any part of those records. 30
(4) A person must not, when required under subsection (2) to produce a 31
record: 32
(a) refuse or neglect to produce the record, or 33
(b) produce a record that contains information that to the person's 34
knowledge is false or misleading in a material particular unless 35
the person discloses that fact when producing the record. 36
Maximum penalty: 5 penalty units. 37
Page 26
Harness Racing Bill 2009 Clause 42
Miscellaneous Part 7
(5) A reference in this section to the affairs of a harness racing club is a 1
reference to the affairs of the club that relate, directly or indirectly, to 2
harness racing. 3
(6) A power of HRNSW to give a direction under this section does not 4
affect any power of HRNSW to give a direction under section 29. 5
However, a person is not liable to a penalty under both section 30 and 6
this section in respect of a direction to the person that relates to the same 7
records or information. 8
42 Delegation 9
(1) Subject to subsection (2), HRNSW may delegate the exercise of its 10
functions to: 11
(a) a member of HRNSW or the chief executive officer of HRNSW, 12
or 13
(b) a committee comprised of, or a combination of, those persons, or 14
(c) a member of staff of HRNSW. 15
(2) HRNSW must not delegate a function relating to the registration of a 16
harness racing club, or the suspension or cancellation of such 17
registration, under this Act. 18
43 Protection from personal liability 19
Anything done or omitted to be done by: 20
(a) HRNSW or HRICG, or 21
(b) a member of HRNSW or HRICG, or 22
(c) the chief executive officer of HRNSW, or 23
(d) any steward appointed under this Act by HRNSW, or 24
(e) any person acting under the direction of HRNSW or HRICG, 25
does not subject the member, chief executive officer, steward or a 26
person so acting, personally to any action, liability, claim or demand if 27
the thing was done or omitted to be done in good faith for the purposes 28
of executing this or any other Act. 29
44 Authentication of certain documents 30
Any summons, process, demand, order, notice, statement, direction or 31
other document requiring authentication by HRNSW is sufficiently 32
authenticated without the seal of HRNSW if signed by the Chairperson 33
of HRNSW, the chief executive officer of HRNSW or another member 34
of staff of HRNSW authorised to do so by the chief executive officer. 35
Page 27
Clause 45 Harness Racing Bill 2009
Part 7 Miscellaneous
45 Proof of certain matters not required 1
In any legal proceedings, proof is not required (until evidence is given 2
to the contrary) of the following matters: 3
(a) the constitution of HRNSW, 4
(b) any resolution of HRNSW, 5
(c) the appointment of, or the holding of office by, any member of 6
HRNSW, 7
(d) the presence of a quorum at any meeting of HRNSW. 8
46 Recovery of money 9
Any charge, fee or other money due to HRNSW may be recovered by 10
HRNSW as a debt in a court of competent jurisdiction. 11
47 Proceedings for offences 12
Proceedings for an offence against this Act or the regulations are to be 13
dealt with summarily. 14
48 Regulations 15
(1) The Governor may make regulations, not inconsistent with this Act, for 16
or with respect to: 17
(a) any matter that by this Act is required or permitted to be 18
prescribed or that is necessary or convenient to be prescribed for 19
carrying out or giving effect to this Act, and 20
(b) any matter for or with respect to which rules may be made under 21
Division 2 of Part 3. 22
(2) If there is any inconsistency between the regulations and the rules made 23
under Division 2 of Part 3, the regulations prevail to the extent of the 24
inconsistency. 25
(3) A regulation may create an offence punishable by a penalty not 26
exceeding 5 penalty units. 27
(4) A reference in Division 1 of Part 3 to the rules includes a reference to 28
regulations in so far as the regulations make provision for or with 29
respect to any of the matters mentioned in that Division. 30
49 Review of Act 31
(1) The Minister is to review this Act to determine whether the policy 32
objectives of the Act remain valid and whether the terms of the Act 33
remain appropriate for securing those objectives. 34
Page 28
Harness Racing Bill 2009 Clause 49
Miscellaneous Part 7
(2) The review is to be undertaken as soon as possible after the period of 1
5 years from the date of assent to this Act. 2
(3) A report on the outcome of the review is to be tabled in each House of 3
Parliament within 12 months after the end of the period of 5 years. 4
Page 29
Harness Racing Bill 2009
Schedule 1 Provisions relating to members of HRNSW
Schedule 1 Provisions relating to members of 1
HRNSW 2
1 Definitions 3
In this Schedule: 4
Chairperson means the Chairperson of HRNSW. 5
member means a member of HRNSW. 6
2 Chairperson 7
(1) The members are to elect a Chairperson from among themselves. 8
HRNSW may remove a person from office as Chairperson at any time. 9
(2) A person ceases to hold office as Chairperson if he or she: 10
(a) resigns the office by instrument in writing addressed to HRNSW, 11
or 12
(b) is removed from that office by HRNSW, or 13
(c) ceases to hold office as a member. 14
(3) The Chairperson does not cease to be a member merely because he or 15
she ceases to be Chairperson. 16
3 Term of office of members 17
(1) A member of HRNSW is to be appointed to hold office (subject to this 18
Act) for a period of up to 4 years recommended by the Selection Panel 19
under section 7, unless the appointment is to fill a casual vacancy. 20
(2) A member appointed to fill a casual vacancy (a vacancy in the office of 21
a member occurring other than by reason of the completion of the 22
member's term of office) is to be appointed for the balance of the term 23
of office of the member's predecessor. 24
4 Remuneration 25
(1) A member of HRNSW is entitled to be paid: 26
(a) remuneration consisting of a base amount adjusted annually in 27
accordance with the annual percentage increase (if any) in the 28
Consumer Price Index occurring after the determination or 29
redetermination of the base amount takes effect, and 30
(b) allowances to reimburse the member for expenses that he or she 31
may incur (for travel or accommodation, for example). 32
Page 30
Harness Racing Bill 2009
Provisions relating to members of HRNSW Schedule 1
(2) The Statutory and Other Offices Remuneration Tribunal may, on the 1
application of HRNSW, redetermine the base amount from time to time, 2
with effect from the date of the redetermination or such later date as the 3
Tribunal may specify. 4
(3) In this clause: 5
base amount means an amount determined for the purposes of this 6
clause by the Statutory and Other Offices Remuneration Tribunal 7
(which determination, whenever made, is taken to be effective on the 8
commencement of this subclause). 9
Consumer Price Index means the number appearing in the Consumer 10
Price Index (All Groups Index) for Sydney issued by the Australian 11
Statistician. 12
5 Vacation of office 13
(1) The office of a member becomes vacant if the member: 14
(a) dies, or 15
(b) completes a term of office and is not reappointed, or 16
(c) resigns the office by instrument in writing addressed to HRNSW, 17
or 18
(d) is absent from 4 consecutive meetings of HRNSW of which 19
reasonable notice has been given to the member personally or in 20
the ordinary course of post, except on leave granted by HRNSW 21
or unless, before the expiration of 4 weeks after the last of those 22
meetings, the member is excused by HRNSW for having been 23
absent from those meetings, or 24
(e) becomes a person who is not eligible to be a member, or 25
(f) is removed from office under subclause (2). 26
(2) The Minister may, on the recommendation of HRNSW, remove a 27
member from office for incapacity, incompetence, misbehaviour or a 28
contravention of the code of conduct adopted by HRNSW under 29
clause 16. 30
6 Member vacancies to be filled 31
If the office of a member becomes vacant, a person is, subject to this 32
Act, to be appointed to fill the vacancy. 33
7 Presiding member 34
(1) The Chairperson or, in the absence of the Chairperson, another member 35
elected to chair the meeting by the members present is to preside at a 36
meeting of HRNSW. 37
Page 31
Harness Racing Bill 2009
Schedule 1 Provisions relating to members of HRNSW
(2) The person presiding at a meeting of HRNSW has a deliberative vote 1
and, in the event of an equality of votes, has a second or casting vote. 2
8 Voting 3
A decision supported by a majority of the votes cast at a meeting of 4
HRNSW at which a quorum is present is the decision of HRNSW. 5
9 Transaction of business outside meetings or by telecommunication 6
(1) HRNSW may, if it thinks fit, transact any of its business by the 7
circulation of papers among all of its members, and a resolution in 8
writing approved in writing by a majority of the voting members is 9
taken to be a decision of HRNSW. 10
(2) HRNSW may, if it thinks fit, transact any of its business at a meeting at 11
which members (or some members) participate by telephone, 12
closed-circuit television or other means, but only if a member who 13
speaks on a matter at the meeting can be heard by the other members. 14
(3) For the purposes of: 15
(a) the approval of a resolution under subclause (1), or 16
(b) a meeting held in accordance with subclause (2), 17
the Chairperson and each other member have the same voting rights as 18
they have at an ordinary meeting of HRNSW. 19
(4) A resolution approved under subclause (1) is to be recorded in the 20
minutes of the meetings of HRNSW. 21
(5) Papers may be circulated among members for the purposes of 22
subclause (1) by facsimile or other transmission of the information in 23
the papers concerned. 24
10 Disclosure of pecuniary interests by members 25
(1) If: 26
(a) a member has a pecuniary interest in a matter being considered or 27
about to be considered at a meeting of HRNSW or a committee 28
of HRNSW, and 29
(b) the interest appears to raise a conflict with the proper 30
performance of the member's duties in relation to the 31
consideration of the matter, 32
the member must, as soon as possible after the relevant facts have come 33
to the member's knowledge, disclose the nature of the interest at a 34
meeting of HRNSW or the committee. 35
Page 32
Harness Racing Bill 2009
Provisions relating to members of HRNSW Schedule 1
(2) A disclosure by a member at a meeting of HRNSW that the member: 1
(a) is a member, or is in the employment, of a specified company or 2
other body, or 3
(b) is a partner, or is in the employment, of a specified person, or 4
(c) has some other specified interest relating to a specified company 5
or other body or to a specified person, 6
is a sufficient disclosure of the nature of the interest in any matter 7
relating to that company or other body or to that person which may arise 8
after the date of the disclosure and which is required to be disclosed 9
under subclause (1). 10
(3) Particulars of any disclosure made under this clause must be recorded 11
by HRNSW in a book kept for the purpose and that book must be open 12
at all reasonable hours to inspection by any person on payment of a 13
reasonable fee determined by HRNSW. 14
(4) After a member has disclosed the nature of an interest in any matter, the 15
member must not, unless HRNSW otherwise determines: 16
(a) be present during any deliberation of HRNSW with respect to the 17
matter, or 18
(b) take part in any decision of HRNSW with respect to the matter. 19
(5) For the purpose of the making of a determination by HRNSW under 20
subclause (4), a member who has a pecuniary interest in a matter to 21
which the disclosure relates must not: 22
(a) be present during any deliberation of HRNSW for the purpose of 23
making the determination, or 24
(b) take part in the making by HRNSW of the determination. 25
(6) A contravention of this clause does not invalidate any decision of 26
HRNSW. 27
11 Pecuniary interests required to be disclosed 28
(1) For the purposes of clause 10, a pecuniary interest is an interest that a 29
person has in a matter because of a reasonable likelihood or expectation 30
of appreciable financial gain or loss to the person or another person with 31
whom the person is associated as provided by subclauses (3)-(5). 32
(2) A person does not have a pecuniary interest in a matter if the interest is 33
so remote or insignificant that it could not reasonably be regarded as 34
likely to influence any decision the person might make in relation to the 35
matter. 36
Page 33
Harness Racing Bill 2009
Schedule 1 Provisions relating to members of HRNSW
(3) For the purposes of clause 10, a person has a pecuniary interest in a 1
matter if the pecuniary interest is the interest of: 2
(a) the person, or 3
(b) another person with whom the person is associated as provided 4
by this clause. 5
(4) A person is taken to have a pecuniary interest in a matter if: 6
(a) the person's spouse or de facto partner or a relative of the person, 7
or a partner or employer of the person, has a pecuniary interest in 8
the matter, or 9
(b) the person, or a nominee, partner or employer of the person, is a 10
member of a company or other body that has a pecuniary interest 11
in the matter. 12
(5) However, a person is not taken to have a pecuniary interest in a matter 13
as referred to in subclause (4): 14
(a) if the person is unaware of the relevant pecuniary interest of the 15
spouse, de facto partner, relative, partner, employer or company 16
or other body, or 17
(b) just because the person is a member of, or is employed by, a 18
statutory body or is employed by the Crown, or 19
(c) just because the person is a member of a company or other body 20
that has a pecuniary interest in the matter, so long as the person 21
has no beneficial interest in any shares of the company or body. 22
12 Duty of members to act in interests of public and industry 23
It is the duty of each member to act in the public interest and in the 24
interests of the harness racing industry as a whole in the State. 25
13 General procedure 26
The procedure for the calling of meetings of HRNSW and for the 27
conduct of business at those meetings is, subject to this Act and the 28
regulations, to be as determined by HRNSW. 29
14 Quorum 30
The quorum for a meeting of HRNSW is a majority of its members. 31
15 First meeting 32
The Minister may call the first meeting of HRNSW under this Act in 33
such manner as the Minister thinks fit. 34
Page 34
Harness Racing Bill 2009
Provisions relating to members of HRNSW Schedule 1
16 Code of conduct 1
(1) HRNSW must adopt a code of conduct to be observed by members and 2
staff of HRNSW. 3
(2) The code of conduct must include a statement of the duty of members 4
of HRNSW under clause 12 (Duty of members to act in interests of 5
public and industry) and clause 10 (Disclosure of pecuniary interests by 6
members) and the obligations of HRNSW under clause 10 in connection 7
with disclosures under that clause. 8
(3) HRNSW must review its code of conduct at least every 3 years and 9
make such changes to it as it considers appropriate. 10
17 Effect of certain other Acts 11
(1) The Public Sector Employment and Management Act 2002 does not 12
apply to or in respect of the appointment of a member. 13
(2) If by or under any Act provision is made: 14
(a) requiring a person who is the holder of a specified office to 15
devote the whole of his or her time to the duties of that office, or 16
(b) prohibiting the person from engaging in employment outside the 17
duties of that office, 18
the provision does not operate to disqualify the person from holding that 19
office and also the office of a member or from accepting and retaining 20
any remuneration payable to the person under this Act as a member. 21
Page 35
Harness Racing Bill 2009
Schedule 2 Provisions relating to HRICG
Schedule 2 Provisions relating to HRICG 1
1 Membership is honorary 2
The members of HRICG are honorary members and no remuneration is 3
payable to them in respect of the duties they perform as members. The 4
members are however entitled to be reimbursed by HRNSW for 5
reasonable expenses (such as for travel or accommodation) that they 6
may incur in attending meetings of HRICG. 7
2 Vacation of office 8
(1) The office of a member of HRICG becomes vacant if the member: 9
(a) dies, or 10
(b) resigns the office by instrument in writing addressed to HRNSW 11
and HRICG, or 12
(c) is absent from 2 consecutive meetings of HRICG of which 13
reasonable notice has been given to the member personally or in 14
the ordinary course of post, except on leave granted by HRICG 15
or unless, before the expiration of 4 weeks after the last of those 16
meetings, the member is excused by HRICG for having been 17
absent from those meetings, or 18
(d) becomes a person who is not eligible to be a member, or 19
(e) is a member on the nomination of a body and that nomination is 20
withdrawn by the body or the body ceases to exist, or 21
(f) is removed from office under subclause (2). 22
(2) The Minister may, on the recommendation of HRICG, remove a 23
member of HRICG from office for incapacity, incompetence or 24
misbehaviour. 25
3 Chairperson and Deputy Chairperson of HRICG 26
(1) HRICG is to elect a Chairperson from among its members. HRICG may 27
also elect a Deputy Chairperson from among its members. HRICG may 28
remove a person from office as Chairperson or Deputy Chairperson of 29
HRICG at any time. 30
(2) A person ceases to hold office as Chairperson or Deputy Chairperson if 31
he or she: 32
(a) resigns the office by instrument in writing addressed to HRNSW 33
and HRICG, or 34
(b) is removed from that office by HRICG, or 35
(c) ceases to hold office as a member of HRICG. 36
Page 36
Harness Racing Bill 2009
Provisions relating to HRICG Schedule 2
(3) To be elected or removed from office as Chairperson or Deputy 1
Chairperson of HRICG requires a simple majority of the members 2
present and voting at a meeting of HRICG at which a quorum is present. 3
(4) The Chairperson or Deputy Chairperson does not cease to be a member 4
of HRICG merely because he or she ceases to be Chairperson or Deputy 5
Chairperson. 6
4 Member vacancies to be filled 7
When the office of a member of HRICG becomes vacant, a person is to 8
be nominated to fill the vacancy in the same way as the person whose 9
office has become vacant was nominated. 10
5 Procedure 11
(1) HRICG may regulate its proceedings as it considers appropriate, subject 12
to this clause. 13
(2) The quorum for a meeting of HRICG is a majority in number of the 14
members for the time being. 15
(3) HRICG must meet at least 6 times in each year unless HRICG otherwise 16
determines. 17
(4) The Chairperson or, in the absence of the Chairperson, the Deputy 18
Chairperson is to preside at a meeting of HRICG. If neither the 19
Chairperson nor Deputy Chairperson is present at a meeting, the 20
members present may elect one of their number to preside at the 21
meeting. The person presiding at a meeting has a deliberative vote and, 22
in the event of an equality of votes, has a second or casting vote. 23
(5) A decision supported by a majority of the votes cast at a meeting of 24
HRICG at which a quorum is present is the decision of HRICG. 25
6 Meetings with HRNSW 26
(1) In addition to any other meetings that HRICG may hold, HRICG must 27
hold a meeting not less than 6 times in each year with one or more 28
members of HRNSW at least one of whom is the Chairperson or the 29
chief executive officer of HRNSW. 30
(2) The number of meetings required by this clause can be changed by 31
agreement between HRNSW and HRICG. 32
(3) The minutes of a meeting under this clause are to be circulated among 33
both the members of HRICG and the members of HRNSW. 34
7 Administrative support 35
HRNSW is to provide such reasonable administrative support as may be 36
required to enable HRICG to exercise its functions. 37
Page 37
Harness Racing Bill 2009
Schedule 3 Savings, transitional and other provisions
Schedule 3 Savings, transitional and other 1
provisions 2
Part 1 General 3
1 Regulations 4
(1) The regulations may include provisions of a savings or transitional 5
nature consequent on the enactment of the following Acts: 6
this Act 7
(2) A provision of a regulation authorised by this clause may, if the 8
regulations so provide, take effect as from the date of assent to the Act 9
concerned or as from a later day. 10
(3) To the extent to which a provision of a regulation authorised by this 11
clause takes effect from a date that is earlier than the date of its 12
publication on the NSW legislation website, the provision does not 13
operate: 14
(a) to affect, in a manner prejudicial to any person (other than the 15
State or an authority of the State), the rights of that person 16
existing before the date of its publication, or 17
(b) to impose liabilities on any person (other than the State or an 18
authority of the State), in respect of anything done or omitted to 19
be done before the date of its publication. 20
(4) The provisions of this Schedule are subject to the regulations. 21
Part 2 Provisions consequent on enactment of this 22
Act 23
Division 1 Interpretation 24
2 Definitions 25
In this Part: 26
former administration Act means the Greyhound and Harness Racing 27
Administration Act 2004. 28
former Authority means the Greyhound and Harness Racing 29
Regulatory Authority constituted by the former administration Act. 30
former HRNSW Act means the Harness Racing Act 2002. 31
Page 38
Harness Racing Bill 2009
Savings, transitional and other provisions Schedule 3
Division 2 Provisions relating to HRNSW 1
3 Continuation of HRNSW 2
HRNSW is taken for all purposes (including the rules of private 3
international law) to be a continuation of, and the same legal entity as, 4
HRNSW constituted under the former HRNSW Act. 5
4 Membership of HRNSW 6
(1) Despite section 6 of this Act, HRNSW is taken to be duly constituted 7
under that section by the members of HRNSW holding office under 8
section 8 of the former HRNSW Act immediately before the repeal of 9
section 8 of that Act. 10
(2) Subclause (1) has effect: 11
(a) until the expiration of the term of office of those members or until 12
the date on which the first appointment of members of HRNSW 13
in accordance with section 6 of this Act takes effect, whichever 14
occurs first, and 15
(b) despite the vacation of office of any such member in accordance 16
with Schedule 1. 17
(3) The person holding office as Chairperson of HRNSW immediately 18
before the repeal of section 8 of the former HRNSW Act is taken to have 19
been elected to that office in accordance with Schedule 1. 20
5 Existing staff of HRNSW 21
(1) The person employed under section 11 of the former HRNSW Act to the 22
office of chief executive officer and holding that office immediately 23
before the repeal of that section is taken to have been employed in that 24
office under section 13 of this Act. Until other provision is duly made, 25
that employment is taken to be on the same terms and conditions as 26
applied to the employment under section 11 of the former HRNSW Act. 27
(2) Any person employed under section 12 of the former HRNSW Act as a 28
member of staff of HRNSW and holding that position immediately 29
before the repeal of that section is taken to have been employed in that 30
position under section 14 of this Act. Until other provision is duly made, 31
that employment is taken to be on the same terms and conditions as 32
applied to the employment under section 12 of the former HRNSW Act. 33
6 Delegations 34
Any delegation made under section 56 of the former HRNSW Act is 35
taken to have been made under section 42 of this Act. 36
Page 39
Harness Racing Bill 2009
Schedule 3 Savings, transitional and other provisions
Division 3 Provisions relating to former Authority and its 1
assets, rights, liabilities and staff 2
7 References to former Authority 3
Regulations may be made under clause 1 that require a reference in any 4
instrument made under another Act, or in any document of any kind, to 5
the former Authority to be read as, or as including, a reference to 6
HRNSW. 7
8 Transfer of assets, rights and liabilities of former Authority 8
(1) In this clause: 9
transferee, in relation to the transfer of an asset, right or liability by or 10
under this clause, means the body to which the asset, right or liability is 11
transferred. 12
transferor, in relation to the transfer of an asset, right or liability by or 13
under this clause, means the body from which the asset, right or liability 14
is transferred. 15
(2) The Minister may, by order in writing, transfer to HRNSW such of the 16
assets, rights and liabilities of the former Authority as are specified or 17
referred to in the order. 18
(3) An order under this clause takes effect on the date specified in the order. 19
(4) An order under subclause (2) may be made on such terms and 20
conditions as are specified in the order. 21
(5) On and from the date on which any asset, right or liability is transferred 22
by subclause (2), the following provisions have effect with respect to 23
the transfer: 24
(a) the transferred asset vests in the transferee by virtue of this clause 25
and without the need for any conveyance, transfer, assignment or 26
assurance, 27
(b) the transferred rights and liabilities become by virtue of this 28
clause the rights and liabilities of the transferee, 29
(c) all proceedings relating to the asset, right or liability commenced 30
before the transfer day by or on behalf of, or against, the 31
transferor and pending immediately before the transfer day are 32
taken to be proceedings pending by or against the transferee, 33
(d) any act, matter or thing done or omitted to be done in relation to 34
the asset, right or liability before the transfer day by, to or in 35
respect of the transferor is (to the extent to which that act, matter 36
or thing has any force or effect) taken to have been done or 37
omitted by, to or in respect of the transferee. 38
Page 40
Harness Racing Bill 2009
Savings, transitional and other provisions Schedule 3
(6) The operation of this clause is not to be regarded: 1
(a) as a breach of contract or confidence or otherwise as a civil 2
wrong, or 3
(b) as a breach of any contractual provision prohibiting, restricting or 4
regulating the assignment or transfer of assets, rights or 5
liabilities, or 6
(c) as giving rise to any remedy by a party to an instrument, or as 7
causing or permitting the termination of any instrument, because 8
of a change in the beneficial or legal ownership of any asset, right 9
or liability, or 10
(d) as an event of default under any contract or other instrument. 11
(7) No attornment to HRNSW by a lessee of the former Authority is 12
required. 13
9 Employment of employees of former Authority by HRNSW 14
(1) Until 1 August 2009, HRNSW: 15
(a) must notify Authority employees whenever it intends to fill a 16
position in the staff of HRNSW, and 17
(b) must give the notified employees a reasonable opportunity to 18
apply for the position. 19
(2) An Authority employee who: 20
(a) applies for a position to be filled as referred to in subclause (1), 21
and 22
(b) at the time of making the application is performing substantially 23
the same duties for the former Authority as are required to be 24
performed in the position to be filled or, if at that time the former 25
Authority has been dissolved, was performing substantially those 26
same duties for the former Authority immediately before its 27
dissolution, 28
is to be considered for the position in preference to any other applicant 29
for the position who is not such a person. 30
(3) The employment of an Authority employee who is appointed to a 31
position in the staff of HRNSW in accordance with this clause is not to 32
be terminated within the period of 12 months after the commencement 33
of the employment on the ground of redundancy arising from the 34
operation of this Act. 35
(4) An Authority employee who is appointed to a position in the staff of 36
HRNSW in accordance with this clause is, on commencing employment 37
in that position, entitled to be paid compensation by HRNSW calculated 38
in accordance with Schedule 1 to the Employment Protection 39
Page 41
Harness Racing Bill 2009
Schedule 3 Savings, transitional and other provisions
Regulation 2001 (as in force at the commencement of this clause) as if 1
the compensation payment were a severance payment referred to in that 2
Schedule. No other payment or benefit is payable to the Authority 3
employee merely because he or she ceases to be a member of staff of the 4
former Authority. 5
(5) If HRNSW is unable to fill a position in accordance with subclause (2) 6
within a reasonable time after the position was notified to Authority 7
employees, nothing in this clause prevents HRNSW from filling the 8
position in any other way. 9
(6) In this clause, Authority employee means a person who was a member 10
of staff of the former Authority before its dissolution. 11
10 Duty and other fees 12
An instrument executed only for a purpose ancillary to or consequential 13
on the operation of this Part or the purpose of giving effect to this Part: 14
(a) is not chargeable with duty, and 15
(b) is exempt from payment of any other fee or charge that would 16
otherwise be payable under any other Act in respect of the 17
registration of any such instrument. 18
11 Actions of former Authority 19
Anything done by the former Authority relating to a registration, 20
suspension, disqualification or prohibition under the former 21
administration Act in respect of harness racing before the dissolution of 22
the former Authority is, after that dissolution, taken to have been done 23
under the relevant provisions of this Act by HRNSW. 24
Division 4 Miscellaneous 25
12 References to former Act 26
(1) On and from the repeal of the former HRNSW Act, a reference in any 27
other Act, in any instrument made under another Act, or in any 28
document of any kind, to the former HRNSW Act is to be read as a 29
reference to this Act. 30
(2) On and from the repeal of the former administration Act, a reference in 31
any other Act, in any instrument made under another Act, or in any 32
document of any kind, to the former administration Act is to be read as 33
a reference to this Act to the extent that it relates to harness racing. 34
Page 42
Harness Racing Bill 2009
Savings, transitional and other provisions Schedule 3
13 Dissolution of Harness Racing Industry Participants Advisory 1
Committee 2
(1) On the repeal of Part 5 of the former HRNSW Act, the Harness Racing 3
Industry Participants Advisory Committee is dissolved. 4
(2) No remuneration or compensation is payable to any member of that 5
Committee as a result of its dissolution. 6
14 Existing rules 7
On the repeal of section 16 of the former administration Act, the rules 8
made under that section and in force immediately before that repeal are 9
taken to have been made under this Act by HRNSW and may be 10
amended and repealed accordingly. 11
15 Registration 12
On the repeal of Part 3 of the former administration Act, any registration 13
granted by the former Authority in relation to harness racing under that 14
Act and in force immediately before that repeal is taken to have been 15
granted by HRNSW under this Act. 16
16 Harness Racing Benevolent Fund 17
The Harness Racing Benevolent Fund established under section 52 of 18
the former Act is taken to have been established under section 39 of this 19
Act. 20
Page 43
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