Gaming and Betting (Amendment) Act 1973 (NSW)

GAMING AND BETTING (AMENDMENT) ACT.

ANNO VICESIMO SECUNDO

ELIZABETHE II REGINE

Act No. 63, 1973.

An Act to reconstitute the Greyhound Racing Control Board; for this and other purposes to amend the Gaming and Betting Act, 1912; and for purposes connected therewith. [Assented to, 15th October, 1973.]

X > E it enacted by the Queen's Most Excellent Majesty, by

(Amendment) Act, 1973".

and with the advice and consent of the Legislative
Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows: —

1. This Act may be cited as the "Gaming and Betting Short title

2. The Gaming and Betting Act, 1912, is in this Act referred to as the Principal Act.

(1 ) Upon a day to be appointed by the Governor and notified by proclamation published in the Gazette (which day is in this Act referred to as the "appointed day") the Grey­ hound Racing Control Board shall be reconstituted and shall consist of seven members who shall be appointed in accord­ ance with section 56c (3) of the Principal Act as amended by this section.

3 .

(2 ) Nothing in this section prejudices or affects in any way the continuity of the body corporate constituted under section 56c of the Principal Act and it shall continue notwithstanding the provisions of this section and be deemed, notwithstanding that there are or have been at any time or times vacancies in the offices of all of the members of the body corporate or of any one or more of them, to have always continued.

(3) For the purposes only of the appointment of persons to be the Chairman and the other members of the Greyhound Racing Control Board as reconstituted under this section, and of any matters necessary for or incidental to that appointment or reconstitution, the provisions of sub- section (5) shall commence on the date of assent to this Act.

(4) The persons appointed pursuant to subsection (3) shall assume their offices as Chairman and the other members of the Greyhound Racing Control Board upon the appointed day and on that day the provisions of subsection (5) shall come into force for all purposes.

(5) The Principal Act is amended—

(a) (i) by omitting section 56c (3) and by inserting instead the following subsections :—

(3) Of the members so appointed—

(a) one shall, in and by the instrument by which he is appointed, be appointed as Chairman of the Board ;

(b)

(b)	two shall be appointed on the nomina- tion of The New South Wales Grey- hound Breeders Owners and Trainers Association Limited ;
(c)	one shall be appointed on the nomina­ tion of the Minister from persons recommended to him by greyhound racing clubs;
(d)	one shall be appointed on the nomina­ tion of the New South Wales National Coursing Association Limited ; and
(e)	two, of whom one shall be an officer of the Chief Secretary's Department, shall be appointed on the nomination of the Minister.

(3A) The Minister shall, by notice in writing, direct each body authorised by sub­ section (3) ( b ) , (c) or (d ) to make a nomi­ nation or recommendation, as to the manner in which, and the period within which, it may make the nomination or recommendation.

(3B ) The Minister may, by notice in writing, direct that a nomination or recom- mendation referred to in subsection (3A) may be made within such further period as is specified in the notice.

(3c ) If—

(a)	insufficient nominations are made pursuant to subsection (3) (b) ; or
(b)	no recommendation is made pursuant to subsection (3) (c) or no nomina­ tion is made pursuant to subsection
(3) ( d ) ,

in

in the manner or within the period or further period directed by the Minister, the Governor may appoint such number of persons as are required to be appointed, having such qualifications as he thinks appropriate, to be members of the Board, without any nomina- tion pursuant to subsection (3) ( b ) , (c) or ( d ) , as the case may be.

(ii)   by omitting section 56c (6) (b) and by inserting instead the following paragraph :—

(b) becomes a bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, com­ pounds with his creditors or makes any assignment of his estate for their benefit;

(iii)   by omitting from section 56c (6) (c) the word "Minister" and by inserting instead the word "Board";

(iv)   by omitting section 56c (6) (d) and by inserting instead the following paragraph:—

(d) becomes a temporary patient, a con- tinued treatment patient, a protected person, or an incapable person, within the meaning of the Mental Health Act, 1958, or a person under detention

under Part VII of that Act ;
(b)	by omitting from section 56HA (1) (b) the words "or greyhound trial tracks at which they act" and by inserting instead the words "at which they act, and in relation to greyhound trial tracks,";
(c)	by inserting in section 56L (1) after the word "Minister" the words ", for presentation to Parliament,";

(d)

(d) by omitting section 59 (2) and by inserting instead the following subsection :—

(2) Section 41 of the Interpretation Act, 1897, applies in respect of a regulation as if this Act had been passed after the commencement of the Interpretation (Amendment) Act, 1969.

1. Notwithstanding any other provision of this Act, for

the purposes of the appointment of the Greyhound Racing

Control Board that takes office on the appointed day—

(a) section 56c (3A) and (3B ) shall not apply;

(b)	section 56c (3c) shall be deemed to be amended by omitting the words "in the manner or within the period or further period directed by the Minister,"; and
(c)	the Minister shall, before making a nomination for appointment of the member referred to in section 56c (3) ( c ) , consider such nominations or recom mendations made by greyhound racing clubs and received by him during 1973 in connection with the appointment to the Board in that year of any person to represent the interests of greyhound racing

clubs.

GOVERNMENT