Greyhound Racing Regulation 2019 (NSW)

Part 1Preliminary1Name of Regulation

This Regulation is the Greyhound Racing Regulation 2019.

2Commencement

This Regulation commences on 1 September 2019 and is required to be published on the NSW legislation website.

3Definition(1)

In this Regulation—

the Act means the Greyhound Racing Act 2017.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

(2)

Notes included in this Regulation do not form part of this Regulation.

Part 2Functions and reports of Commission and GRNSW4Delegation of functions of Commission

For the purposes of section 10(c) of the Act, a committee established by the Commission under section 13 of the Act is prescribed.

5Annual report of Commission

For the purposes of section 15(b) of the Act, the following particulars are prescribed for the 12-month period to which the report relates—

• (a)

  details of directions given by the Minister under section 8 of the Act and the steps taken to comply with those directions,

• (b)

  a summary of the strategic plan prepared under section 14 of the Act,

• (c)

  the number of greyhounds, greyhound racing industry participants and greyhound trial tracks registered,

• (d)

  a summary of the injuries to greyhounds participating in greyhound races,

• (e)

  the number of greyhound trial tracks that had their registrations suspended or cancelled under section 51 of the Act,

• (f)

  a summary of disciplinary action taken under Division 1 of Part 6 of the Act,

• (g)

  a summary of inquiries conducted under section 84 of the Act and the outcomes of those inquiries,

• (h)

  details of internal reviews under section 91 of the Act and summaries of the outcomes of those reviews,

• (i)

  details on the activities of the Greyhound Industry Animal Welfare Committee.

6Annual report of GRNSW

For the purposes of section 28(3) of the Act, the following particulars are prescribed for the 12-month period to which the report relates—

• (a)

  a summary of the minimum standards under section 26 of the Act in connection with the conduct of races and greyhound race meetings,

• (b)

  a progress report on the implementation of each minimum standard,

• (c)

  a summary of each strategic plan prepared under section 29 of the Act,

• (d)

  the number of registered greyhound racing clubs (including the number of clubs registered during that period),

• (e)

  details of registrations that were suspended or cancelled under section 54 of the Act,

• (f)

  a summary of disciplinary action taken by GRNSW under Division 2 of Part 6 of the Act (including the grounds on which the action was taken),

• (g)

  details of greyhound adoption programs managed or supported by GRNSW (including the number of greyhounds adopted),

• (h)

  the number of greyhound race meetings and greyhound races conducted during that period and the number of greyhounds involved.

Part 3Registration and registersDivision 1Registration of greyhounds7Application for registration of greyhounds(1)

A greyhound racing industry participant may apply to the Commission to register a greyhound.

(2)

An application to register a greyhound must be—

• (a)

  in the form approved by the Commission, and

• (b)

  accompanied by the application fee determined by the Commission.

(3)

The application form may require the applicant to provide information that, in the opinion of the Commission, is necessary to determine whether to register or refuse to register the greyhound.

(4)

The Commission may, before determining an application to register a greyhound, require the applicant to provide additional information in relation to the application.

(5)

If the applicant does not provide the additional information requested within 21 days after the request is made, the Commission may refuse to register the greyhound.

8Term of registration of greyhounds

A registered greyhound remains registered until—

• (a)

  the greyhound dies, or

• (b)

  the greyhound is registered as a companion animal under the Companion Animals Act 1998, or

• (c)

  the greyhound ceases to be a greyhound to which the Act applies, or

• (d)

  the registration is cancelled under the Act.

9Conditions on registration of greyhounds(1)

The registration of a greyhound is subject to the condition that the registered greyhound must be identified by at least 2 forms of identification in accordance with this clause.

(2)

For the purposes of subclause (1), the following are forms of identification by which the greyhound may be identified—

• (a)

  a microchip, of a type approved by the Commission, that contains a unique identifier and is implanted into the greyhound,

• (b)

  an ear tattoo, of a type approved by the Commission, that contains a unique identifier,

• (c)

  another form of identification of a form or type approved by the Commission.

(3)

For the avoidance of doubt, the Commission may approve more than one form or type of identification under subclause (2)(c) and a greyhound may be identified by 2 different types or forms of identification approved under that subclause.

10Commission to be notified of information relating to greyhounds(1)

A greyhound racing industry participant who owns or keeps a greyhound must, in accordance with this clause, provide the following information to the Commission—

• (a)

  if the greyhound is whelped—details of the whelping,

• (b)

  if there is change in the ownership of the greyhound—details of the change of ownership,

• (c)

  if there is a change in the premises at which the greyhound is ordinarily kept—details of the change of premises,

• (d)

  if the greyhound is inseminated (whether naturally or artificially)—details of the servicing of the greyhound,

• (e)

  if the greyhound dies—details relating to the date, time and location of the death and circumstances surrounding the death (including the cause of death, if known),

• (f)

  if the greyhound ceases to be greyhound to which the Act applies—details of the reason that the greyhound ceases to be a greyhound to which the Act applies.

(2)

If the Commission approves a manner or form for providing information required by this clause, the information must be provided in the approved manner or form.

(3)

A greyhound racing industry participant who is required to provide information to the Commission under this clause must do so—

• (a)

  in the circumstances referred to in subclause (1)(c)—not more than 3 days after change of premises, or

• (b)

  in the circumstances referred to in subclause (1)(e)—not more than 2 days after the death of the greyhound, or

• (c)

  in other circumstances—not more than 14 days after the circumstances arise.

Maximum penalty—20 penalty units.

Division 2Registration of greyhound racing industry participants11Definition of “greyhound racing industry participant”(1)

For the purposes of paragraph (e) of the definition of greyhound racing industry participant in section 3(1) of the Act, the following health services are prescribed—

• (a)

  massage therapy,

• (b)

  acupuncture,

• (c)

  non-invasive injury therapy,

• (d)

  chiropractic therapy.

(2)

Subclause (1) does not apply to health services provided by a veterinary practitioner within the meaning of the Veterinary Practice Act 2003.

(3)

For the purposes of paragraph (f) of the definition of greyhound racing industry participant in section 3(1) of the Act, the following are prescribed—

• (a)

  a person who handles greyhounds (otherwise than at a greyhound race or trial),

• (b)

  the proprietor of a greyhound trial track,

• (c)

  a person who, in an official capacity at a greyhound race meeting, engages in one of the following—

  • (i)

    starting the greyhound race,

  • (ii)

    operating a lure during the greyhound race,

  • (iii)

    judging the outcome of the greyhound race,

  • (iv)

    kennelling greyhounds,

  • (v)

    collecting biological samples from greyhounds, unless the person is a member of staff of the Commission,

• (d)

  a person who offers, or invites applications for, an interest in a greyhound,

• (e)

  a person who manages the ownership of a greyhound on behalf of 2 or more persons who own the greyhound jointly,

• (f)

  a person who artificially inseminates a greyhound.

cl 11: Am 2020 (740), Sch 1[1]–[3]; 2023 (99), sec 3.

12Application for registration of greyhound racing industry participants(1)

A person may apply to the Commission for registration as a greyhound racing industry participant.

(2)

An application for registration as a greyhound racing industry participant must be—

• (a)

  in the form approved by the Commission, and

• (b)

  accompanied by the fee determined by the Commission.

(3)

The application form may require the applicant to provide information that, in the opinion of the Commission, is necessary to determine whether to register or refuse to register the applicant as a greyhound racing industry participant.

(4)

The Commission may, before determining the application, request that the applicant provide additional information in relation to the application.

(5)

If the Commission requests additional information and the additional information is not provided within 21 days after the request is made, the Commission may refuse to register the person as a greyhound racing industry participant.

13Term of registration of greyhound racing industry participants(1)

The registration of a greyhound racing industry participant expires at the end of the period (not exceeding 3 years) specified by the Commission when the application is determined.

(2)

A registered greyhound racing industry participant may, within the 3 months immediately before the registration expires, apply to the Commission for the renewal of the registration.

(3)

Clause 12(2)–(5) applies to an application for renewal of registration in the same way as those provisions apply to an application for registration.

(4)

A renewed registration comes into force on the expiry of the registration that is being renewed.

(5)

Despite subclause (1), if a registered greyhound racing industry participant applies for the renewal of the participant’s registration before it expires, the participant’s registration remains in force until the application is determined by the Commission.

13AExtension of term of registration for certain greyhound racing participants(1)

This clause applies in respect of the registration of a greyhound racing participant who applied for registration as a greyhound racing participant—

• (a)

  on or after 1 September 2019, and

• (b)

  on or before 30 June 2020.

(2)

Despite clause 13, the registration of a greyhound racing participant to whom this clause applies expires at the end of 30 June 2021.

cl 13A: Ins 2020 (313), Sch 1[1].

14Conditions on registration of greyhound racing industry participants

It is a condition of the registration of a greyhound racing industry participant that the participant—

• (a)

  comply with the code of practice, and

• (b)

  comply with the greyhound racing rules, and

• (c)

  comply with policies relating to the welfare of greyhounds published by the Commission.

15Commission to be notified of information relating to registered greyhound racing industry participants(1)

A registered greyhound racing industry participant must, in accordance with this clause, provide the following information to the Commission—

• (a)

  if there is a change to the participant’s name, address or contact details—details of the change,

• (b)

  if the participant is charged with an animal cruelty offence under the Prevention of Cruelty to Animals Act 1979 or is charged with an indictable offence under another Act—details of the charge.

(2)

If the Commission approves a manner or form for providing information required by this clause, the information must be provided in the approved manner or form.

(3)

A greyhound racing industry participant who is required to provide information to the Commission under this clause must do so—

• (a)

  in relation to a change referred to in subclause (1)(a)—within 14 days after the change, or

• (b)

  in relation to a charge referred to in subclause (1)(b)—within 7 days after being charged.

Maximum penalty—20 penalty units.

Division 3Registration of greyhound trial tracks16Application for registration of greyhound trial tracks(1)

The proprietor of a greyhound trial track may apply to the Commission for the registration of a greyhound trial track.

(2)

An application for registration of a greyhound trial track must be—

• (a)

  in the form approved by the Commission, and

• (b)

  accompanied by the fee determined by the Commission.

(3)

The application form may require the applicant to provide information that, in the opinion of the Commission, is necessary to determine whether to register or refuse to register the greyhound trial track.

(4)

The Commission may, before determining the application, request that the applicant provide additional information in relation to the application.

(5)

If the Commission requests additional information and the additional information is not provided within 21 days after the request is made, the Commission may refuse to register the greyhound trial track.

17Term of registration of greyhound trial tracks(1)

The registration of a greyhound trial track expires at the end of the period (not exceeding 3 years) specified by the Commission when the application is determined.

(2)

The proprietor of a registered greyhound trial track may, within the 3 months immediately before the registration expires, apply to the Commission for the renewal of the registration.

(3)

Clause 16(2)–(5) applies to an application for renewal of registration in the same way as those provisions apply to an application for registration.

(4)

A renewed registration comes into force on the expiry of the registration that is being renewed.

(5)

Despite subclause (1), if the proprietor of a registered greyhound trial track applies for the renewal of the registration before it expires, the registration remains in force until the application is determined by the Commission.

18Commission to be notified of information relating to registered greyhound trial tracks(1)

The proprietor of a registered greyhound trial track must, in accordance with this clause, provide the following information to the Commission—

• (a)

  if there is a change to the proprietor’s name, address or contact details—details of the change,

• (b)

  if the proprietor is charged with an animal cruelty offence under the Prevention of Cruelty to Animals Act 1979 or is charged with an indictable offence under another Act—details of the charge.

(2)

If the Commission approves a manner or form for providing information required by this clause, the information must be provided in the approved manner or form.

(3)

The proprietor of a registered greyhound trial track who is required to provide information to the Commission under this clause must do so—

• (a)

  in relation to a change referred to in subclause (1)(a)—within 14 days after the change, or

• (b)

  in relation to a charge referred to in subclause (1)(b)—within 7 days after being charged.

Maximum penalty—20 penalty units.

Division 4Commission to keep registers19Commission to keep registers(1)

The Commission is to keep registers of the following—

• (a)

  registered greyhounds,

• (b)

  registered greyhound racing industry participants,

• (c)

  registered greyhound trial tracks.

(2)

A register may contain information that the Commission considers appropriate in relation to the registered greyhound, registered greyhound racing industry participant or registered greyhound trial track concerned.

(3)

Without limiting subclause (2), if a greyhound, greyhound racing industry participant or greyhound trial track ceases to be registered, the Commission may record that fact on the register (including details of the reason for the greyhound, participant or track ceasing to be registered).

20Commission may share information in registers(1)

The Commission may share information contained in a register kept by the Commission under this Division with the following—

• (a)

  GRNSW,

• (b)

  the RSPCA NSW,

• (c)

  the Animal Welfare League NSW,

• (d)

  a council within the meaning of the Local Government Act 1993,

• (e)

  the NSW Police Force, the Australian Federal Police or the police force of another State or a Territory,

• (f)

  a body that, under the law of the Commonwealth, another State or a Territory, or of New Zealand, is responsible for the control or management of greyhound racing or the racing of other animals, in that jurisdiction,

• (g)

  the Department of Planning, Industry and Environment.

(2)

A person or other body referred to in subclause (1) may request access to information contained in a register kept by the Commission under this Division.

(3)

If the Commission refuses a request for access to information contained in a register, the Commission is to provide reasons for the refusal.

Division 5Registration of greyhound racing clubs21Application for registration of greyhound racing clubs(1)

A person may apply to GRNSW for the registration of a greyhound racing club.

(2)

An application for registration of a greyhound racing club must be—

• (a)

  in the form approved by GRNSW, and

• (b)

  accompanied by the fee determined by GRNSW under section 32 of the Act.

(3)

The application form may require the applicant to provide information that, in the opinion of GRNSW, is necessary to determine whether to register or refuse to register the greyhound racing club.

(4)

GRNSW may, before determining the application, request that the applicant provide additional information in relation to the application.

(5)

If GRNSW requests additional information and the additional information is not provided within 21 days after the request is made, GRNSW may refuse to register the greyhound racing club.

22Term of registration of greyhound racing clubs(1)

The registration of a greyhound racing club expires at the end of the period (not exceeding 3 years) specified by GRNSW when the application is determined.

(2)

A person may, within the 3 months immediately before the registration of a greyhound racing club expires, apply to GRNSW for the renewal of the registration.

(3)

Clause 21(2)–(5) applies to an application for renewal of registration in the same way as those provisions apply to an application for registration.

(4)

A renewed registration comes into force on the expiry of the registration that is being renewed.

(5)

Despite subclause (1), if an application is made for the renewal of the registration of a greyhound racing club before it expires, the registration remains in force until the application is determined by GRNSW.

Part 4Miscellaneous22ARemoval of directors and appointment of administrator

For the Act, section 22(2)(c), the Minister having lost confidence in the Board is a prescribed circumstance.

cl 22A: Ins 2024 (252), Sch 1.

23Restricted access areas at racecourses and trial tracks(1)

A person must not enter, or remain in, a restricted access area at a licensed racecourse or greyhound trial track unless the person is—

• (a)

  a greyhound racing industry participant, or

• (b)

  authorised by the licensee (within the meaning of the Betting and Racing Act 1998) for the racecourse or the proprietor of the trial track to enter the area.

Maximum penalty—100 penalty units.

(2)

For the purposes of subclause (1), restricted access area means an area at a licensed racecourse or greyhound trial track identified, by signs located at each point of entry to the area, as a restricted access area.

23AInternal reviews(1)

For the purposes of the definition of reviewable decision in section 91(1)(a)(iv) of the Act, a decision by the Commission to vary or revoke a condition imposed on a relevant registration is prescribed.

(2)

For the purposes of section 91(3)(c) of the Act, an application for an internal review of a decision must—

• (a)

  be in a form approved by the Commission, and

• (b)

  include an address to which a notice under section 91(8) of the Act may be sent.

(3)

In this clause—

relevant registration means registration of—

• (a)

  a greyhound, or

• (b)

  a greyhound racing industry participant, or

• (c)

  a greyhound trial track.

cl 23A: Ins 2020 (740), Sch 1[4].

24Delegation by Minister

For the purposes of section 92 of the Act, the Deputy Secretary, Better Regulation Division of the Department of Enterprise, Investment and Trade is authorised.

cl 24: Am 2022 No 59, Sch 3.33.

25Certificate evidence

The following additional matters may be certified under section 100 of the Act—

• (a)

  that a specified registration was or was not suspended or cancelled at a specified time or during a specified period,

• (b)

  that a specified person was, at a specified time or during a specified period, an authorised officer for the purposes of section 96 of the Act,

• (c)

  that a specified direction, notice, order, requirement or condition was given, made or imposed under the Act,

• (d)

  that a specified person was, or was not, subject to disciplinary action under the Act at a specified time.

26Repeal and saving(1)

The Greyhound Racing Regulation 2018 is repealed.

(2)

Any act, matter or thing that, immediately before the repeal of the Greyhound Racing Regulation 2018, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1Penalty notice offences1Penalty notice offences(1)

For the purposes of section 96 of the Act—

• (a)

  each offence created by a provision specified in this Schedule is an offence for which a penalty notice may be issued, and

• (b)

  the amount payable for the penalty notice is the amount specified opposite the provision.

(2)

If the provision is qualified by words that restrict its operation to limited kinds of offences or to offences committed in limited circumstances, the penalty notice may be issued only for—

• (a)

  that limited kind of offence, or

• (b)

  an offence committed in those limited circumstances.

Column 1

Column 2

Provision

Penalty

Offences under the Act

Section 39

$2,200

Section 41(1)

For a first offence—$550

For a second or subsequent offence—$1,100

Section 42(1)

For a first offence—$275

For a second or subsequent offence—$550

Section 42(2)

For a first offence—$275

For a second or subsequent offence—$550

Section 43

For a first offence—$275

For a second or subsequent offence—$550

Section 44(1) or (2)

For a first offence—$550

For a second or subsequent offence—$1,100

Section 45(1) or (2)

$5,500

Section 46(1) or (2)

$2,200

Section 50(6)

For a first offence—$1,100

For a second or subsequent offence—$2,200

Section 82(4) or (5)

$1,100

Section 86(6)

$1,100

Offences under this Regulation

Clause 10(3)

For a first offence—$275

For a second or subsequent offence—$550

Clause 15(3)

For a first offence—$275

For a second or subsequent offence—$550

Clause 18(3)

For a first offence—$275

For a second or subsequent offence—$550

Clause 23(1)

$550

sch 1: Am 2020 (740), Sch 1[5] [6].

Schedule 2Savings and transitional provisions1Definitions

In this Schedule—

prescribed person means a person referred to in clause 11(3) of this Regulation.

prescribed health service means a health service referred to in clause 11(1) of this Regulation.

2Registration of prescribed persons and persons providing prescribed health services

A person who ordinarily provided a prescribed health service before the commencement of this Regulation or would have been a prescribed person immediately before that commencement—

• (a)

  is taken to be a registered greyhound racing industry participant authorised to carry on the activity or provide the health service until 1 January 2020, and

• (b)

  if the person applies to be a registered racing industry participant authorised to carry out the activity or provide the health service before 1 January 2020—is taken to be a registered greyhound racing industry participant for that activity or health service until that application is determined.

3Existing registrations(1)

This clause applies to the registration of a greyhound racing industry participant that was in force immediately before 1 September 2019.

(2)

A registration to which this clause applies—

• (a)

  expires on 30 June 2021, and

• (b)

  is taken to have been granted subject to the conditions applying to the registration immediately before 1 September 2019.

(3)

A provision of this Regulation relating to the renewal of registration or the conditions applying to registration extends to a registration to which this clause applies.

(4)

This clause does not prevent a registration to which this clause applies from being suspended or cancelled under the Act.

sch 2: Am 2020 (313), Sch 1[2].

Schedule 3Amendment of Greyhound Racing Act 2017 No 13[1]Schedule 4 Savings, transitional and other provisions

Omit the definition of transition period from clause 8.

Insert instead—

transition period means the period from 1 July 2018 to 1 July 2020.

[2]Schedule 4, clause 9

Omit the clause.

[3]Schedule 4, clause 10(1)

Omit “regulations and”.

[4]Schedule 4, clause 10(3)

Omit the subclause.

Historical notesTable of amending instruments

Greyhound Racing Regulation 2019 (429). LW 30.8.2019. Date of commencement, 1.9.2019, cl 2. This Regulation has been amended as follows—

2020	(313)	Greyhound Racing Amendment Regulation 2020. LW 26.6.2020. Date of commencement, on publication on LW, cl 2.
(740)	Greyhound Racing Amendment (Miscellaneous) Regulation 2020. LW 18.12.2020. Date of commencement, on publication on LW, cl 2.
2022	No 59	Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2.
2023	(99)	Greyhound Racing Amendment (Sample Collection Officers) Regulation 2023. LW 2.3.2023. Date of commencement, on publication on LW, sec 2.
2024	(252)	Greyhound Racing Amendment (Appointment of Administrator) Regulation 2024. LW 28.6.2024. Date of commencement, on publication on LW, sec 2.

Table of amendments

Cl 11	Am 2020 (740), Sch 1[1]–[3]; 2023 (99), sec 3.
Cl 13A	Ins 2020 (313), Sch 1[1].
Cl 22A	Ins 2024 (252), Sch 1.
Cl 23A	Ins 2020 (740), Sch 1[4].
Cl 24	Am 2022 No 59, Sch 3.33.
Sch 1	Am 2020 (740), Sch 1[5] [6].
Sch 2	Am 2020 (313), Sch 1[2].