Racing and Gaming Acts (Amendment) Act 2004

Racing and Gaming Acts (Amendment) Act 2004

Act No. 45/2004

table of provisions

Section Page

Part 1—Preliminary 1

1. Purposes 1

2. Commencement 3

Part 2—Amendment of Racing Act 1958 4

3. Principal Act 4

4. Definitions in Part II 4

5. Function of Harness Racing Victoria 5

6. New sections 44B and 44C inserted 5

44B. Consultation procedures to be established 5

44C. Reporting on consultations 6

7. Harness Racing Victoria Fund and finances of Board 6

8. Definitions in Part III 7

9. Functions of Greyhound Racing Victoria 8

10. New sections 75B and 75C inserted 8

75B. Consultation procedures to be established 8

75C. Reporting on consultations 8

11. Appeals to the Tribunal 9

12. Appeals by Stewards to the Tribunal 9

13. Hearing of appeals 10

Part 3—Amendment of Lotteries Gaming and Betting Act 1966 11

14. Restrictions on publication etc. of information concerning
betting etc. 11

Part 4—Amendment of Gambling Regulation
Act 2003 13

15. Amendment of reference to Part in commencement provision 13

16. Other amendments to commencement provision 13

17. Definitions 13

18. Minor amendments to non-application provision in Part 4 of Chapter 2 14

19. What are betting houses and places of betting? 14

20. Exceptions to section 2.5.15 14

21. Penalty for communicating certain racing information while
race meeting is being held 15

22. Obstructing entry to be evidence of house being a common gaming house 16

23. Determination of applications 16

24. Renewal of special employee's licence 16

25. Return of licence on suspension or cancellation 16

26. Payment to Community Support Fund 16

27. Claims for prize 17

28. New heading to section 5.5.9 substituted 17

29. Unclaimed prizes 17

30. Minister may declare company to be participant 17

31. Meaning of interactive game 18

32. Interactive gaming licence non-transferable 18

33. Letter of censure 18

34. Renewal of bingo centre employee's licence 18

35. Functions of Commission 18

36. New section 10.3.3 substituted 18

10.3.3 Payments from the Community Support Fund 18

37. General investigations 20

38. Repeal of unintended penalty provision 20

39. Subject matter for Regulations 20

40. New transitional provision in relation to unclaimed prizes under the Public Lotteries Act 2000 21

Part 5—Amendment of Confiscation Act 1997 22

41. Automatic forfeiture offences 22

Part 6—Amendment of ANZAC Day Act 1958 23

42. Amendment of note in Schedule to Act 23

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Endnotes 24

Section Page

Victoria

No. 45 of 2004

Section Page

Racing and Gaming Acts (Amendment) Act 2004[(]

[Assented to 16 June 2004]

Act No. 45/2004

Racing and Gaming Acts (Amendment) Act 2004

Act No. 45/2004

Racing and Gaming Acts (Amendment) Act 2004

The Parliament of Victoria enacts as follows:

Part 3—Amendment of Lotteries Gaming and Betting Act 1966

Racing and Gaming Acts (Amendment) Act 2004

Act No. 45/2004

Part 1—Preliminary

1. Purposes

The main purposes of this Act are—

(a) to amend the Racing Act 1958—

(i) to expressly require Harness Racing Victoria and Greyhound Racing Victoria to consult with, and facilitate consultation among, relevant harness racing and greyhound racing industry participants, and to report on these consultations in their respective reports of operations;

(ii) to further provide for appeals to the Racing Appeals Tribunal;

(iii) to enable the Racing Appeals Tribunal to receive evidence not on oath, or by way of affirmation or declaration;

(b) to amend the Lotteries Gaming and Betting Act 1966 to remove the requirement that bookmakers obtain the Minister's approval before printing or posting notices indicating provisional betting odds in respect of certain combinations of races;

s. 1

(i) to make statute law revision changes;

(ii) to, in respect of the Community Support Fund, change the amount to be paid into the Community Support Fund for the financial year commencing 1July 2004 and each of the following 4financial years, and alter the order of priority of payments out of the Community Support Fund;

(iii) to remove the requirement that bookmakers obtain the Minister's approval before publishing or disseminating a notice indicating provisional betting odds in respect of certain combinations of races;

(iv) to alter the period of time within which a person may claim a lottery prize from a public lottery licensee under the Act, and the method by which unclaimed lottery prizes are dealt with under the Act;

(d) to amend the Confiscation Act 1997 to repeal the item in Schedule 2 to that Act which listed certain offences under the Gaming and Betting Act 1994 as automatic forfeiture offences for the purposes of the Confiscation Act 1997;

(e) to amend the ANZAC Day Act 1958 to make minor changes of a statute law revision nature.

2. Commencement

s. 2

(1) This Part and Part 4 (except section 15) come into operation on the day after the day on which this Act receives the Royal Assent.

(2) Section 15 is deemed to have come into operation on 17 December 2003.

(3) Part 5 comes into operation on the day on which section12.1.1(b) of the Gambling Regulation Act 2003 comes into operation.

(4) Part 6 comes into operation on the day on which section12.1.1(f) of the Gambling Regulation Act 2003 comes into operation.

(5) Subject to sub-section (6), the remaining provisions of this Act come into operation on a day or days to be proclaimed.

(6) If a provision of this Act does not come into operation before 1 July 2005, it comes into operation on that day.

______

Part 2—Amendment of Racing Act 1958

3. Principal Act

s. 3

See:
Act No.
6353.
Reprint No. 12
as at
26 September 2002 and amending
Act Nos 45/2003,
96/2003 and 114/2003.
LawToday:
www.dms.
dpc.vic.
gov.au

In this Part, the Racing Act 1958 is called the Principal Act.

4. Definitions in Part II

(1) In section 38 of the Principal Act, after the definition of "harness racing club" insert—

' "harness racing industry participant" means—

(a) a harness racing club (other than the Board); or

(b) an association or body (whether incorporated or unincorporated)—

(i) the members of which are owners, breeders, trainers or drivers of horses which compete in harness races, or bookmakers registered under PartIV; and

(ii) which represents and promotes the interests of those members; or

(c) an association or body involved in harness racing declared to be a harness racing industry participant under sub-section (2);'.

(2) At the end of section 38 of the Principal Act insert—

'(2) For the purposes of paragraph (c) of the definition of "harness racing industry participant", the Minister may, in writing, declare an association or body (whether incorporated or unincorporated)—

(a) the members of which are persons or bodies involved in harness racing; and

(b) that is not an association or body referred to in paragraph (a) or (b) of the definition of "harness racing industry participant"—

to be a harness racing industry participant.'.

5. Function of Harness Racing Victoria

s. 5

In section 44 of the Principal Act—

(a) in paragraph (a), after "racing;" insert "and";

(b) after paragraph (b) insert—

"(ba) to consult with harness racing industry participants and facilitate consultation amongst harness racing industry participants; and".

6. New sections 44B and 44C inserted

After section 44A of the Principal Act insert—

"44B. Consultation procedures to be established

The Board must establish proper procedures to consult with harness racing industry participants and to facilitate consultation amongst harness racing industry participants.

44C. Reporting on consultations

The Board must, in every report of operations under Part 7 of the Financial Management Act 1994—

(a) include details of—

(i) all of its consultations with harness racing industry participants, including the harness racing industry participants with which it consulted in each case; and

(ii) all cases where it has facilitated consultation amongst harness racing industry participants; and

(iii) every decision made following consultation with harness racing industry participants; and

(b) set out the procedures required to be established in accordance with section44B .".

7. Harness Racing Victoria Fund and finances of Board

s. 7

In section 46(3)(a) of the Principal Act—

(a) omit "Subject to sub-section (3A),";

(b) after sub-paragraph (ii) insert—

"(iia) for consulting with harness racing industry participants;

(iib) for harness racing industry participants to participate in consultations with the Board;".

8. Definitions in Part III

s. 8

In section 51 of the Principal Act insert the following definition—

' "greyhound racing industry participant" means—

(a) a greyhound racing club;

(b) an association or body (whether incorporated or unincorporated)—

(i) the members of which are owners, breeders or trainers of greyhounds which compete in greyhound races, or bookmakers registered under PartIV; and

(ii) which represents and promotes the interests of those members;

(c) an association or body involved in greyhound racing declared to be a greyhound racing industry participant under sub-section (2);'.

(2) At the end of section 51 of the Principal Act insert—

'(2) For the purposes of paragraph (c) of the definition of "greyhound racing industry participant", the Minister may, in writing, declare an association or body (whether incorporated or unincorporated)—

(a) the members of which are persons or bodies involved in greyhound racing; and

(b) that is not an association or body referred to in paragraph (a) or (b) of the definition of "greyhound racing industry participant"—

to be a greyhound racing industry participant.'.

9. Functions of Greyhound Racing Victoria

s. 9

After section 75(ad) of the Principal Act insert—

"(ae) to consult with greyhound racing industry participants and facilitate consultation amongst greyhound racing industry participants;".

10. New sections 75B and 75C inserted

After section 75A of the Principal Act insert—

"75B. Consultation procedures to be established

The Board must establish proper procedures to consult with greyhound racing industry participants and to facilitate consultation amongst greyhound racing industry participants.

75C. Reporting on consultations

The Board must, in every report of operations under Part 7 of the Financial Management Act 1994—

(a) include details of—

(i) all of its consultations with greyhound racing industry participants, including the greyhound racing industry participants with which it consulted in each case; and

(ii) all cases where it has facilitated consultation amongst greyhound racing industry participants; and

(iii) every decision made following consultation with greyhound racing industry participants; and

(b) set out the procedures required to be established in accordance with section75B .".

11. Appeals to the Tribunal

s. 11

Section 83K(4C) of the Principal Act is repealed.

12. Appeals by Stewards to the Tribunal

(1) For section 83KA(1) of the Principal Act substitute—

"(1) Subject to this Part, a Steward may appeal to the Tribunal—

(a) in the case of harness racing and greyhound racing, against a decision of the appropriate controlling body on an appeal to that body against a penalty originally imposed by the Steward;

(b) in the case of horse racing, against a decision of the horse racing appeals and disciplinary body.".

(2) In section 83KA(2) of the Principal Act, for "controlling body" substitute "appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires)".

(3) For section 83KA(4) of the Principal Act substitute—

"(4) The determination of the Tribunal and any decision arising from it is binding upon the Steward, the person to whom it applies and—

(a) if the appeal was an appeal against a decision of Harness Racing Victoria, Harness Racing Victoria;

(b) if the appeal was an appeal against a decision of Greyhound Racing Victoria, Greyhound Racing Victoria;

(c) if the appeal was an appeal against a decision of the horse racing appeals and disciplinary body, Racing Victoria and the horse racing appeals and disciplinary body.".

(4) After section 83KA(5) of the Principal Act insert—

'(6) In this section "horse racing appeals and disciplinary body" means a body—

(a) the members of which are appointed by the directors of Racing Victoria under the Rules of Horse Racing, as made by Racing Victoria; and

(b) which has, as one of its functions, the function of hearing and determining appeals from decisions of Stewards under those rules.'.

13. Hearing of appeals

s. 13

For section 83M(8)(b) of the Principal Act substitute—

"(b) shall be given on oath, or on affirmation or by declaration instead of on oath, unless the Tribunal gives leave for that evidence to not be so given.".

______

See:
Act No.
7429.
Reprint No. 8
as at
4 February 1999 and amending Act Nos 73/2000, 74/2000, 11/2001, 16/2001, 19/2002, 96/2003 and 114/2003.
LawToday:
www.dms.
dpc.vic.
gov.au

Part 3—Amendment of Lotteries Gaming and Betting Act 1966

14. Restrictions on publication etc. of information concerning betting etc.

s. 14

(1) In section 40(1) of the Lotteries Gaming and Betting Act 1966, for "referred to in such groups of races as the Minister may from time to time by notice published in the Government Gazette approve for the purposes of this section" substitute "—

(a) where each race is conducted in Australia and is ratified as being a Group 1, 2 or 3 race by the relevant national racing body; or

(b) in any other case, where each race is referred to in such groups of races as the Minister may from time to time by notice published in the Government Gazette approve for the purposes of this section".

(2) After section 40(1) of the Lotteries Gaming and Betting Act 1966 insert—

'(1A) In sub-section (1) "relevant national racing body" means—

(a) in relation to horse racing, the Australian Racing Board Limited A.C.N. 104 986 334;

(b) in relation to harness racing, the Australian Harness Racing Council Inc. incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory;

(i) Greyhound Racing Victoria established under Division 2 of Part III of the Racing Act 1958; and

(ii) in relation to each other State and each Territory of the Commonwealth, the body established under, or recognised by, the law of that State or Territory as the controlling body for greyhound racing in that State or Territory.'.