Racing Amendment Act 2015

Racing Amendment Act 2015

No. 50 of 2015

table of provisions

SectionPage

1Purpose

2Commencement

3Amendments related to General Post Office Melbourne

4Disclosure of information

5Definitions

6Harness Racing Victoria

7New section 41A inserted

8Section 44B substituted and new section 44BA inserted

9Reporting on consultations

10Definitions

11New Part VIII inserted

12Repeal of amending Act

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Endnotes

1General information

SectionPage

Victoria

SectionPage

Racing Amendment Act 2015[†]

No. 50 of 2015

[Assented to 13 October 2015]

Racing Amendment Act 2015
No. 51 of 2015

The Parliament of Victoriaenacts:

Racing Amendment Act 2015
No. 50 of 2015

1Purpose

The purpose of this Act is to amend the Racing Act 1958—

(a)in relation to governance arrangements for Harness Racing Victoria; and

(b)to specify bodies to which the Racing Integrity Commissioner may disclose integrity related information; and

(c)to make other minor and technical amendments.

2Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 August 2016, it comes into operation on that day.

3Amendments related to General Post Office Melbourne

(1)In section 3(1) of the Racing Act 1958—

(a)the definition of General Post Office Melbourne is repealed;

(b)in the definition of metropolitan race-course,for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne".

(2)In section 3(2)(a) of the Racing Act 1958—

(a)for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne";

(b)for "such post office" substitute "thatcorner".

(3)In section 18(1) of the Racing Act 1958, for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne".

(4)In section 19A(1) of the Racing Act 1958, for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne".

(5)In section 22A(2) of the Racing Act 1958, for "General Post Office Melbourne" (where twice occurring) substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne".

(6)In section 51(1) of the Racing Act 1958, in the definition of metropolis, for "post office at the corner of Bourke and Elizabeth streets" substitute "north-east corner of Bourke and Elizabeth Streets".

(7)In section 52B(1) of the Racing Act 1958, for "General Post Office Melbourne" substitute "north-east corner of Bourke and Elizabeth Streets, Melbourne".

(8)In section 63A(1) of the Racing Act 1958—

(a)for "post office at the corner of Bourke and Elizabeth streets" substitute "north-east corner of Bourke and Elizabeth Streets";

(b)for "the said post office" substitute "thatcorner".

(9)In section 63A(3)(b) of the Racing Act 1958, for "post office at the corner of Bourke and Elizabeth streets" substitute "north-east corner of Bourke and Elizabeth Streets".

4Disclosure of information

After section 37E(1)(id) of the Racing Act 1958 insert—

"(ie)the following persons or bodies—

(i)the ACT Gambling and Racing Commission established by section 5 of the Gambling and Racing Control Act 1999 of the Australian Capital Territory;

(ii)the Australian Border Force within the meaning of the Australian Border Force Act 2015 of the Commonwealth;

(iii)the Australian Pesticides and Veterinary Medicines Authority continued by section 6 of the Agricultural and Veterinary Chemicals (Administration) Act 1992 of the Commonwealth;

(iv)the Director of Racing appointed under section 5 of the Racing Regulation Act 2004 of Tasmania;

(v)the Gaming and Wagering Commission of Western Australia established under section 4 of the Gaming and Wagering Commission Act 1987 of Western Australia;

(vi)Greyhound Racing New South Wales constituted by the Greyhound Racing Act 2009 of New South Wales;

(vii)Greyhound Racing SA Limited ACN094569525;

(viii)Greyhounds Australasia Limited ACN106879903;

(ix)Harness Racing Australia Inc incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory;

(x)Harness Racing New South Wales constituted by the Harness Racing Act 2009 of New South Wales;

(xi)Harness Racing SA Limited ACN094559930;

(xii)the Northern Territory Racing Commission established by the Racing and Betting Act of the Northern Territory;

(xiii)the Queensland Racing Integrity Commissioner appointed under section113AL of the Racing Act 2002 of Queensland;

(xiv)Racing Analytical Services Ltd ACN006957624;

(xv)Racing and Wagering Western Australia established by section 4 of the Racing and Wagering Western Australia Act 2003 of Western Australia;

(xvi)Racing Australia Pty Ltd ACN105994330;

(xvii)Racing New South Wales established by section 4 of the Thoroughbred Racing Act 1996 of New South Wales;

(xviii)Racing Queensland Limited ACN142786874;

(xix)the Therapeutic Goods Administration of the Department of Health of the Commonwealth;

(xx)Thoroughbred Racing NT Incorporated, being an association incorporated under the Associations Act of the Northern Territory;

(xxi)Thoroughbred Racing SA Limited ACN094475939; or".

5Definitions

In section 38(1) of the Racing Act 1958 insert the following definition—

"Harness Racing Advisory Council means the body established under section 44B;".

6Harness Racing Victoria

For section 39(2) of the Racing Act 1958substitute—

"(2)The Board consists of at least 5 but not more than 7 members appointed by the Governor in Council on the recommendation of the Minister.

(2A)The Governor in Council, on the recommendation of the Minister, must appoint a member of the Board to be chairperson.

(2B) The Minister may make a recommendation referred to in subsection (2) if, in the Minister's opinion, the individual has the necessary skills, experience and knowledge to assist the Board to carry out its functions.".

7New section 41A inserted

After section 41 of the Racing Act 1958 insert—

"41A Appointment of administrator

(1) On the recommendation of the Minister, the Governor in Council,by order published in the Government Gazette, may appoint an administrator to manage the harness racing industry for the period of the administration.

(2) The Minister may make a recommendation referred to in subsection (1) if, in the Minister's opinion—

(a)the Board has failed to efficiently or competently manage the harness racing industry; or

(b)the appointment of an administrator is otherwise in the public interest.

(3) On the appointment of an administrator—

(a)the members of the Board cease to hold office; and

(b)subject to the order, the administrator has all the functions and may exercise all the powers of the Board.

(4) An administrator appointed under this section—

(a)is appointed for the period and subject to the terms and conditions specified in the instrument of appointment; and

(b)is entitled to be paid any remuneration, travelling and other allowances that the Minister determines.

(5) An administrator ceases to hold office—

(a) on the appointment of members to the Board in accordance with section 39; or

(b)on the appointment of another administrator in accordance with this section.

Note

See also section 41 of the Interpretation of Legislation Act 1984.".

8Section 44B substituted and new section 44BA inserted

For section 44B of the Racing Act 1958substitute—

"44B Harness Racing Advisory Council

(1)The Board must establish a Harness Racing Advisory Council.

(2)The Harness Racing Advisory Council must be established within 3 months of the commencement of section 8 of the Racing Amendment Act 2015.

(3)The Harness Racing Advisory Council consists of the following members appointed by the Board—

(a)two members of the Board, one of whom is to be appointed chairperson;

(b)at least 3 members who are nominees of organisations or persons who are representatives of the Victorian harness racing industry;

(c)up to 2 persons who have experience or interest in the Victorian harness racing industry.

(4)The Board must consult the Minister before appointing a person to be a member of the Harness Racing Advisory Council.

(5)A member of the Harness Racing Advisory Council—

(a) is appointed for the period and subject to the terms and conditions specified in the instrument of appointment; and

(b)is entitled to be paid any travelling and other allowances that the Board determines.

44BA Functions of Harness Racing Advisory Council

(1)The functions of the Harness Racing Advisory Council are—

(a)to advise the Board on matters concerning harness racing; and

(b)to facilitate consultation between the Board and harness racing industry participants.

(2)The Harness Racing Advisory Council may consider any matter referred to it by the Board.

(3) The Board must issue general directions for the operation of the Harness Racing Advisory Council, including any procedures to be followed by the Council.

(4)The Board must ensure thatgeneral directionsissued under subsection (3) are published on its website.

(5)The Harness Racing Advisory Council must comply with any general directions issued by the Board under subsection (3).

(6)Subject to any direction of the Board issued under subsection (3) or otherwise, the Harness Racing Advisory Council may regulate its own procedure.".

9Reporting on consultations

In section 44C(a) of the Racing Act 1958—

(a)in subparagraph (i), for "including" substitute "whether that consultation occurred directly or through the Harness Racing Advisory Council, including";

(b)in subparagraph (ii), after "participants" insert ", whether directly or through the Harness Racing Advisory Council".

10Definitions

In section 84 of the Racing Act 1958, in the definition of race-course, after "has" insert "in".

11New Part VIII inserted

After Part VII of the Racing Act 1958 insert—

"Part VIII—Transitional provisions—Racing Amendment Act 2015

103Saving of reconstituted Harness Racing Victoria Board

On and from the commencement of section 6 of the Racing Amendment Act 2015, despite the changes made to the membership of the Board of Harness Racing Victoria by that section—

(a)the Board is taken to be the same body as it was immediately before that commencement; and

(b)no decision, matter or thing is to be affected because of those changes; and

(c)a member of the Board who held office as a member immediately before that commencement continues in office after that commencement on the same terms and conditions on which the member held office immediately before that commencement.".

12Repeal of amending Act

This Act is repealed on 1 August 2017.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Racing Amendment Act 2015
No. 50 of 2015

Endnotes

1General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

[†] Minister's second reading speech—

Legislative Assembly: 19 August 2015

Legislative Council: 3 September 2015

The long title for the Bill for this Act was "A Bill for an Act to amend the Racing Act 1958 in relation to governance arrangements for Harness Racing Victoria and to specify bodies to which the Racing Integrity Commissioner may disclose integrity related information and for other purposes."