Racing Act 1958 (Vic)

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Version No. 185

Racing Act 1958

No. 6353 of 1958

Version incorporating amendments as at


10 February 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

Part I—Race-courses and race-meetings

Division 1—Preliminary

3Definitions

3ACertification of company to be Racing Victoria

3BRepeal or modification of constitution of Racing Victoria

3CFunctions powers and duties of Minister under the constitution of Racing Victoria

3DRacing Victoria not to represent the Crown

3ERacing Victoria not a public entity or public body

Division 2—Legality of betting

4Betting with registered bookmaker

4AMethods of remote betting

4BApplication for approval to use methods of approved remote betting on off-course premises

4CApproval of off-course premises for remote betting usage

4DCancellation or suspension of approval for approved off‑course premises or variation of conditions

4EMinister may prescribe requirements to be complied with by bookmakers for approval to accept bets off‑course

4FCommission to notify controlling body of certain matters

4GOffence to breach conditions of approval to operate off‑course premises

4HOffence to open approved off-course premises to public

4IProhibition on publishing prohibited advertising in relation to the approved off‑course premises

5Rules and regulations about business at race‑courses, bookmakers etc.

Division 2A—Club betting permits

5ABetting in accordance with club betting permits

5BGrant of club betting permits

5CConditions of the permits

5DRevocation of permits

Division 2B—Rules of Racing Victoria

5EDefinition

5FRules of Racing Victoria binding on certain persons

Division 3—Regulation of race-meetings

6Holding of race-meetings

7Transfer of race-meeting to another race-course

14ADuration of race-meetings

14ABDuration of official trial meetings

14BDates and times for horse racing

18Picnic race-meetings

19Picnic race-meetings and mixed sports gatherings in country

19ARestricted harness racing meetings

20Point-to-point steeplechases held by hunt clubs

21Charitable race-meetings on metropolitan race‑courses in excess of statutory number

22Harness races at agricultural shows

22ARace-meetings on ANZAC Day

22BPenalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund

23Penalty for holding unauthorized race-meeting

Division 4—Issue of licences, &c.

24Race-course licence

24ARacing-club licence

25Map of race-course

26Rules of the club

29Licences not to authorize benefit meetings

32Licences for harness race-meetings held by Harness Racing Victoria

Division 4A—Managing crowd behaviour

Subdivision 1—Offences

32AOffence to enter or remain in restricted racing area

32BOffence to disrupt race-meeting or official trial meeting

32COffence to throw or kick projectiles or cause object to be within restricted racing area

32DOffence to climb on fence, barrier or barricade

Subdivision 2—Dealing with offenders

32EDirection not to enter or to leave restricted racing area or race-course

32FRefusal to leave restricted racing area or race-course and re-entry

32GBan orders

Subdivision 3—Authorised officers

32HAppointment of authorised officers

32IIdentification of authorised officers

32JOffence to hinder or obstruct authorised officer

32KPower of authorised officer to require name and address

32LRefusal to give name and address to authorised officer

32MRequirement to produce evidence of name and address to authorised officer

32NDisclosure of information by authorised officer

32ODelegation by Secretary

Subdivision 4—Enforcement

32PInfringement offences

32QWho can commence a proceeding for offences against this Division?

Division 5—Exclusion orders by Chief Commissioner of Police

33Exclusion orders by Chief Commissioner of Police

34Duration of exclusion orders

35List and photographs of excluded persons

35AProvision of list and photographs to stewards

35BExcluded person not to enter race-course

35CNotifying police of presence of excluded persons

35DPolice powers of entry to a race-course

35DAAdvice to Professional Boxing and Combat Sports Board

35EProcedure on application for review

35FAppointment of special counsel

Division 6—Miscellaneous

37No right to compensation

Part IA—The Racing Integrity Commissioner

37ARacing Integrity Commissioner

37ABActing appointments

37BFunctions of the Racing Integrity Commissioner

37BAPowers of the Racing Integrity Commissioner conducting an inquiry

37BBPower to compel production of documents and other things or attendance of witnesses

37BCService of notice to produce or notice to attend

37BDPower to take evidence on oath or affirmation

37BEOffence to fail to comply with a notice to produce or attend

37BFOffence to fail to take oath, make affirmation, answer question or produce document

37BGDPP or police officer may commence proceeding for offence against section 37BE or 37BF

37BHOffence to make false or misleading statements or produce false or misleading documents or other things

37BIProtection of participants

37BJStatement not to be used against person who gives information or evidence, or produces a document or other thing

37CPowers of the Racing Integrity Commissioner

37CAProtection from liability for Racing Integrity Commissioner

37DStaff

37EDisclosure of information

37FAnnual report

37GMandatory notification of corrupt conduct to IBAC

37HConsultation prior to referral or notification

37ICommunication of information to the IBAC

37JRacing Integrity Commissioner not to prejudice investigations of the IBAC

37KRacing Integrity Commissioner must investigate public interest complaints

37LRacing Integrity Commissioner must refuse to investigate certain public interest complaints

37MRacing Integrity Commissioner may refuse to investigate certain public interest complaints

37NNotification of refusal to conduct investigation on public interest complaint

37ONotification of corrupt conduct

37PProcedure on completion of investigation of public interest complaint

37QPerson who made public interest disclosure to be informed of result of investigation

37RRacing Integrity Commissioner must not disclose certain information

37SDisclosure of information by Racing Integrity Commissioner

37TConfidentiality notice

37UExtension of confidentiality notice

37VRacing Integrity Commissioner to provide the IBAC with copies

37WDisclosure subject to confidentiality notice

Part II—Harness Racing Victoria

38Definitions

39Harness Racing Victoria

40Term of office

41Vacancies

41AAppointment of administrator

42Meetings

43Chief Executive Officer and other officers

44Function of Board

44AABoard may act as venue operator

44ABorrowings by Board

44BHarness Racing Advisory Council

44BAFunctions of Harness Racing Advisory Council

44CReporting on consultations

45Registration etc. of clubs, horses and persons participating in harness racing

45ADisclosure of pecuniary interest

46Harness Racing Victoria Fund and finances of Board

48Agreement with Royal Agricultural Society and its alteration

49Rules of Board

Part IIA—Victorian Racing Tribunal

Division 1—Establishment of the Victorian Racing Tribunal

50ADefinitions

50BEstablishment of the Victorian Racing Tribunal

50CFunctions of Victorian Racing Tribunal

50DMembers of the Victorian Racing Tribunal

50ETerms and conditions of office

50FVacancies, resignations and termination of members of the Victorian Racing Tribunal

50GChairperson of the Victorian Racing Tribunal

50HDeputy Chairpersons of the Victorian Racing Tribunal

50IAppointment of a judicial officer as Chairperson or Deputy Chairperson

50JActing appointments

50JAValidity of decisions

Division 2—Jurisdiction of the Victorian Racing Tribunal

50KAppeals to the Victorian Racing Tribunal

50LRacing Integrity Commissioner may direct that certain appeals be heard

50MAppeals in respect of approvals for approved off‑course premises

50NThe Victorian Racing Tribunal may grant an extension of time for leave to appeal

50OHearings of serious offences by the Victorian Racing Tribunal

Division 3—Conduct of hearings of the Victorian Racing Tribunal

50PConstitution of the Victorian Racing Tribunal to hear and determine matters

50QProceedings of the Victorian Racing Tribunal

50RExperts may assist the Victorian Racing Tribunal

50SPower to compel production of documents and other things or attendance of witnesses

50TService of notice under section 50S or 50U

50UVariation or revocation of notice under section 50S

50VFailure to comply with notice to produce or attend

50WDirections

50XDealing with questions of law in hearings of the Victorian Racing Tribunal

50YEvidence in hearings of the Victorian Racing Tribunal

50ZChairperson or Deputy Chairpersons may authorise a person to take evidence

50ZARetention of documents and exhibits

50ZBProtection of parties and members of Victorian Racing Tribunal

50ZCService of documents by the Victorian Racing Tribunal

50ZDWhen is service effected?

Division 4—Determinations of the Victorian Racing Tribunal

50ZEDeterminations of the Victorian Racing Tribunal

50ZFVictorian Racing Tribunal to provide written statement of reasons for determinations on request

Division 5—Offences

50ZGOffence to fail to comply with a notice to produce or attend

50ZHOffence to fail to take oath, make affirmation or answer question

50ZIOffence to make false or misleading statements or produce false or misleading documents or other things

50ZJPrivilege against self-incrimination does not apply

50ZKContempt of the Victorian Racing Tribunal

Part III—Greyhound racing

51Definitions

Division 1—Restrictions on, and licences for, greyhound racing

52APlumpton coursing with mechanical quarry

52BGreyhound racing permits

55Offences relating to greyhound races that involve the use of an animal as a lure

63AGreyhound races on ANZAC Day

64Penalties for holding greyhound races in contravention of this Division etc.

65Returns to be lodged by promoters of greyhound races

66Provision in case of offence by body corporate

Division 2—Greyhound Racing Victoria

69Greyhound Racing Victoria

70Term of office

71Vacancies

71AAppointment of administrator

72Who to preside

73Chief executive officer and other officers of Board

73ABoard may delegate functions to the chief executive officer

74Travelling expenses and fees

75Functions of Board

75ADisclosure of pecuniary interest

75BConsultation procedures to be established

75CReporting on consultations

76Fund and finances of Board

76ABorrowings by Board

Division 3—General control of greyhound racing

77Registration etc. of clubs and persons participating in greyhound racing

77AARegistration of racing greyhounds

77AMember of Board etc. may enter and inspect etc.

78Use or disclosure of information for the Domestic Animals Act 1994

79AGreyhound trials and training

82Rules of Board

Part IIIB—the Victorian Racing Tribunal Registrar

83ODDefinitions

83OEVictorian Racing Tribunal Registrar

83OFFunctions of Victorian Racing Tribunal Registrar

Part IIIBA—Review by VCAT—Decisions of the Victorian Racing Tribunal

83OHReview by VCAT of decisions of the Victorian Racing Tribunal

83OITime limit for applying for review

Part IIIC—Review by VCAT—Occupational racing and bookmaking licences

83PDefinitions

83QReview by VCAT of occupational racing licences

83RReview by VCAT of bookmaking licences

83STime limit for applying for review

Part IIID—Functions and powers of gambling and casino inspectors

83TFunctions of gambling and casino inspectors

83URight of entry

83VPowers of gambling and casino inspectors

83WPower to require names and addresses

Part IV—Registered bookmakers and controlling bodies

84Definitions

91Requirements for bookmakers to carry on business

91AControlling bodies may make rules

91ABApproved substitutes

91BBookmaker's licence levy

91CBookmaking development fund

91DMinisterial approval of rules and guidelines

91EProvision of information regarding betting records

92Production of documents by bookmakers and bookmaker's key employees

94AGuarantee of bookmakers against defaults in payment of wagers

Part IVA—Racing Victoria Centre land

95AApplication of Part

95BDefinition

95CSurrender of Racing Victoria Centre land

95DCrown lease

95EPower to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land

95FRegistrar of Titles to make necessary amendments

Part IVB—Victorian Racing Integrity Board

95GEstablishment of the Victorian Racing Integrity Board

95HFunctions and powers of the Integrity Board

95HAIntegrity Board may delegate certain functions to Chairperson or Deputy Chairperson

95IMembership of Integrity Board

95JTerms and conditions of office

95KVacancies, resignations and removal from office

95LMeetings of the Integrity Board

95MValidity of decisions

95MAProtection from liability for Integrity Board members

95NIntegrity Board may receive, review and investigate complaints

95OControlling body to provide information to Integrity Board

95PIntegrity Board may give directions to controlling body in relation to failure to comply with recommendation

95QIntegrity Board may refer complaint to Racing Integrity Commissioner

95RControlling body to prepare and submit annual integrity plan to Integrity Board for endorsement

95SIntegrity Board to advise Minister of certain matters

95TIntegrity Board's annual report

95UMinister to table Integrity Board's annual report before Parliament

Part V—General

95VDepartment may recover costs from Greyhound Racing Victoria, Harness Racing Victoria and Racing Victoria

95VARegulations

96Transitional provision on repeal of Part VI

96AATransitional provision for change in membership of Committee—Racing Acts (Amendment) Act 2002

96ATransitional provision for introduction of Racing Victoria—Racing (Racing Victoria Ltd) Act 2001

96BOperation of Racing (Racing Victoria Ltd) Act 2001

96CTransitional provision for change of expiry date of certificates of registration—Racing Acts (Amendment) Act 2002

96DTransitional provision for Racing Appeals Tribunal proceedings—Racing Legislation Amendment (Racing Integrity Assurance) Act 2009

Part VI—Transitional provisions

97Definition

98Transitional provision for changes to Harness Racing Victoria—Racing and Betting Acts (Amendment) Act 2001

99Transitional provision for change to Greyhound Racing Victoria—Racing and Betting Acts (Amendment) Act 2001

100Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001

100ASaving provision—Racing Amendment (Modernisation) Act 2018

Part VII—Transitional provisions—Victorian Commission for Gambling and Liquor Regulation Act 2011

101Definitions

102Things commenced by the former Commission before abolition of former Commission

Part VIII—Transitional provisions—Racing Amendment Act 2015

103Saving of reconstituted Harness Racing Victoria Board

Part IX—Transitional provisions—Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016

104Definition

105Saving of reconstituted Greyhound Racing Victoria

106Saving of reconstituted GRV Racing Appeals and Disciplinary Board

Part X—Transitional provisions—Racing Amendment (Integrity and Disciplinary Structures) Act 2018

107Definitions

108Transition of Racing Appeals and Disciplinary Boards to the Victorian Racing Tribunal

109Review of decisions of Racing Appeals and Disciplinary Boards

110Review of decisions by VCAT

Part XI—Transitional provisions—Racing Amendment Act 2022

111Saving of regulations

Schedules

Schedule 2––Specified race-courses

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 185

Racing Act 1958

No. 6353 of 1958

Version incorporating amendments as at


10 February 2025

An Act to consolidate the Law relating to Horse Pony Trotting and Greyhound Racing, the Registration of Bookmakers and their Clerks, and Totalizators.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Racing Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

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PART I—RACE-COURSES AND RACE-MEETINGS

Division 1—Preliminary

3Definitions

(1)In this Part unless inconsistent with the context or subject-matter—

approved betting event has the same meaning as in the Gambling Regulation Act 2003;

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approved off-course premises means premises approved by a controlling body under section 4C;

approved substitute means a registered bookmaker's key employee approved under section 91AB by a controlling body to carry on the business of a registered bookmaker;

assessable disclosure has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

authorised officer means—

(a)a police officer; or

(b)a person appointed as an authorised officer under section 32H;

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ban order means an order made under section 32G;

betting contingency includes any event or contingency;

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bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;

charitable purposes means—

(a)the aiding of any institution or benevolent society within the meaning of the Hospitals and Charities Act 1958 or, if approved for the purposes of this Part by the Minister bywriting under his hand, of any hospital asylum institution or society affording charitable relief within the meaning of that Act which is exempted from the operation of that Act;

(b)the aiding of the funds of any public authority in Victoria engaged in research into the cause prevention or cure of disease in human beings; or

(c)the affording of charitable relief within the meaning of that Act to any diseased infirm incurable poor or destitute person or persons;

chief steward, in relation to a controlling body, means—

(a)in the case of horse racing, the person appointed as chairman of stewards by Racing Victoria;

(b)in the case of harness racing, the person appointed as chairman of stewards by Harness Racing Victoria;

(c)in the case of greyhound racing, the person appointed as chief steward by Greyhound Racing Victoria;

club includes club society or other association by whatever name called;

club betting permit means a permit issued under Division 2A of Part 1;

club bookmaker's licence has the same meaning as it has in section 84;

Commission means the Victorian Gambling and Casino Control Commission established under Part 2 of the Victorian Gambling and Casino Control Commission Act 2011;

conduct includes conduct carry on manage or to assist in doing any of these things;

confidentiality notice means a notice issued by the Racing Integrity Commissioner under section 37T(1);

controlling body means—

(a)in the case of horse racing, Racing Victoria;

(b)in the case of harness racing, Harness Racing Victoria;

(c)in the case of greyhound racing, Greyhound Racing Victoria;

corrupt conduct has the meaning given in section 4 of the Independent Broad-based Anti-corruption Commission Act 2011;

Department means the Department of Jobs, Precincts and Regions;

domestic partner of a person means—

(a)a person who is in a registered relationship with the person; or

(b)an adult person to whom the person is not married but with whom the person is in a relationship as a couple where one or each of them provides personal or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are living under the same roof, but does not include a person who provides domestic support and personal care to the person—

(i)for fee or reward; or

(ii)on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation);

duration of an official trial meeting has the meaning given by section 14AB;

exclusion order means a written order under section 33;

gambling and casino inspector means an inspector appointed under section 40 of the Victorian Gambling and Casino Control Commission Act 2011;

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greyhound race means a race in which greyhounds compete;

Greyhound Racing Victoria means the body corporate in that name established by section 69;

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harness race means a race in which horses compete moving at a gait generally known as pacing or trotting;

Harness Racing Victoria means the body corporate in that name established by section 39;

horse racemeans a race in which horses compete but does not include a harness race;

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IBAC means the Independent Broad-based Anti‑corruption Commission established under section 12 of the Independent Broad‑based Anti-corruption Commission Act 2011;

IBAC personnel has the same meaning as it has in the Integrity Oversight Victoria Act 2011;

Integrity Board means the Victorian Racing Integrity Board established by section 95G;

metropolitan race-course means any of the following: the Flemington race-course, the Caulfield race-course, the Moonee Valley race-course, the Sandown race-course or any race-course within 32 kilometres of the north-east corner of Bourke and Elizabeth Streets, Melbourne which the Minister, by notice published in the Government Gazette, declares to be a metropolitan race-course;

mixed sports gathering means—

(a)a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting at which—

(i)the races which take place include races of one or more of the following kinds, namely, horse races, pony races and harness races;

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(b)a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting—

(i)at which no horse race pony race or harness race takes place; and

(ii)which is conducted by a club or other body of persons approved by the Minister;

official trial meeting means a meeting for the purpose of trialling horses or greyhounds—

(a)that is not a horse race, harness race or greyhound race; and

(b)that is approved by the appropriate controlling body and supervised by a steward of that controlling body; and

(c)at which entries are taken and results are recorded;

Parliamentary Workplace Standards and Integrity Commission means the body established by section 42 of the Parliamentary Workplace Standards and Integrity Act 2024;

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police officer has the same meaning as in the Victoria Police Act 2013;

pony races or pony racing means races under conditions limiting the height of any horse eligible to compete therein to any height not exceeding fourteen hands two inches;

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public interest complaint has the meaning given in section 3 of the Public Interest Disclosures Act 2012;

race-course means land used for race-meetings, and in Division 4A of this Part, includes land used for official trial meetings;

race-meeting means a meeting for the purpose of horse racing, harness racing or greyhound racing;

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Racing Integrity Commissioner means the Racing Integrity Commissioner appointed under section 37A;

Racing Victoria means the company certified by the Minister under section 3A(1) to be Racing Victoria, by a certification published in the Government Gazette on 19 December 2001;

registered bookmaker has the same meaning as in the Gambling Regulation Act 2003;

registered bookmaker's key employee has the same meaning as in the Gambling Regulation Act 2003;

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relevant person means—

(a)a person who attends a race-meeting for the purpose of horse racing in Victoria; or

(b)a person who participates, whether at a racecourse or any other place, in an activity connected with, or involving, horse racing in Victoria or wagering on horse racing in Victoria;

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restricted matter means—

(a)any evidence or information given to, or obtained by, the Racing Integrity Commissioner;

(b)the contents of any document produced to, or obtained by, the Racing Integrity Commissioner;

(c)the existence of, or any information about, a confidentiality notice or a requirement under section 37BA(1) to appear before the Racing Integrity Commissioner for examination;

(d)the subject matter of an investigation by the Racing Integrity Commissioner;

(e)any information that could enable a person who has been, or is proposed to be, examined by, or who has produced, or may produce, any document to the Racing Integrity Commissioner, to be identified or located;

(f)the fact that a person has been, or is proposed to be, examined by, or has produced, or may produce, any document to, the Racing Integrity Commissioner;

(g)the fact that a disclosure or related disclosure has been notified to an appropriate entity for assessment under Part 3 of the Public Interest Disclosures Act 2012;

(h)the fact that a disclosure or related disclosure has been determined under Part 3 of the Public Interest Disclosures Act 2012 to be a public interest complaint;

(i)the fact that the Racing Integrity Commissioner intends to conduct an investigation on a public interest disclosure;

restricted racing area means any of the following areas of land within a race-course—

(a)a track which is being used for racing or training horses or greyhounds;

(b)a space which is being used for—

(i)keeping, saddling, mounting, parading or exercising horses; or

(ii)keeping, parading or exercising greyhounds;

(c)a pathway which connects 2 or more restricted racing areas;

(d)a prescribed area of land;

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specified race-course means—

(a)an area of land described in an item in Schedule 2;

(b)an area of land prescribed by the regulations to be a specified race‑course for the purposes of Division 5;

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spouse of a person means a person to whom the person is married;

Steward means a person appointed as such in accordance with the rules of a controlling body or a person so appointed as a Deputy Steward;

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Victorian Racing Tribunal means the Victorian Racing Tribunal established under section 50B.

(1A)For the purposes of the definition of domestic partner in subsection (1)—

(a)registered relationship has the same meaning as in the Relationships Act 2008; and

(b)in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and

(c)a person is not a domestic partner of another person only because they are co-tenants.

(2)For the purposes of this Part—

(a)any reference in this Part to the distance of a race-course or a municipal district or part thereof from the north-east corner of Bourke and Elizabeth Streets, Melbourne shall be read and construed and take effect as if it were a reference to such distance measured according to the nearest practicable route (by road or railway or by road and railway, as the case may be) from that corner to such race-course or municipal district or part thereof;

(b)a match or race between two horses only shall not be deemed a race-meeting.

(3)In the construction of this Part, unless the contrary intention appears, a year shall be deemed to commence on the first day of August.

(4)Save as otherwise provided in this Part, any mixed sports gathering held on any land whatsoever in Victoria shall be deemed to be a race-meeting for the purposes of this Act.

(5)In this Part, the "duration of a race-meeting" must be determined in accordance with section 14A.

3ACertification of company to be Racing Victoria

(1)For the purposes of this Act, the Minister may certify that a company is Racing Victoria.

(2)The Minister must not make a certification under subsection (1) unless—

(a)the company is registered as a company limited by guarantee; and

(b)the Minister is satisfied that the constitution of the company includes provisions as set out in Schedule 1 (as in force before its repeal) or that are to the effect of the provisions set out in Schedule 1 (as in force before its repeal).

(3)As soon as possible after making a certification under subsection (1), the Minister must cause the certification and a copy of the constitution of the company to be published in the Government Gazette.

(4)A certification under subsection (1) has effect from the beginning of the day on which it is published in the Government Gazette.

(5)Once the Minister has made a certification under subsection (1), the power to make the certification is exhausted and the Minister does not have the power to make any further certification under that subsection.

3BRepeal or modification of constitution of Racing Victoria

(1)If Racing Victoria resolves, by special resolution, to modify or repeal its constitution or a provision of its constitution, the company, on making such a special resolution, must notify the Minister of the special resolution.

(2)The Minister must cause a copy of a notification given under subsection (1) to be laid before each House of Parliament, on or before the first sitting day of that House that occurs on or after 30 days from the day on which the Minister received the notification.

(3)A House of Parliament may, on or before the 6th sitting day of that House after a copy of the notification is laid before it under subsection (2), resolve to disapprove the special resolution.

(4)If a House of Parliament is prorogued or the Legislative Assembly is dissolved—

(a)the prorogation or dissolution does not affect the power of the House to pass a resolution disapproving the special resolution; and

(b)the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution.

(5)Within 14 days after the last day on which a special resolution could be disapproved by a House of Parliament, the Minister must cause to be published in the Government Gazette a certification as to whether or not the special resolution has been disapproved by a House of Parliament.

(6)A special resolution which has been disapproved by a House of Parliament has no effect.

(7)A special resolution which has not been disapproved by either House of Parliament cannot have effect until on or after the publication of the certification under subsection (5).

3CFunctions powers and duties of Minister under the constitution of Racing Victoria

For the purposes of this Act, the Minister may perform any functions, exercise any powers and carry out any duties conferred on the Minister by the constitution of Racing Victoria for or with respect to the selection, appointment, resignation and removal of Directors of the Board of Racing Victoria.

3DRacing Victoria not to represent the Crown

Racing Victoria does not represent the Crown.

3ERacing Victoria not a public entity or public body

(1)Racing Victoria is not a public entity within the meaning of the Public Administration Act 2004.

(2)Racing Victoria is not a public body within the meaning of the Financial Management Act 1994.

Division 2—Legality of betting

4Betting with registered bookmaker

(1)Despite anything in the Gambling Regulation Act 2003 (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a racecourse or an approved off-course premises is not a place provided for the purposes of unauthorised gambling within the meaning of Chapter 2 of that Act, if a person bets by way of wagering—

(a)on any horse race, harness race or greyhound race; or

(b)on any approved betting event—

*                *                *                *                *

in accordance with this section.

(2)The racecourse must be licensed under this Part.

(3)The bet must be made—

(a)with a registered bookmaker; or

(b)with an approved substitute—

who is present on the racecourse or approved off‑course premises at the time the bet is made.

(4)The bet must be made—

(a)during the holding of a race meeting at the racecourse by a person present on the racecourse with a registered bookmaker or approved substitute present on the racecourse; or

(b)at any time by a person using a method of communication approved by the Minister under section 4A.

(5)In this section, a reference to a racecourse licensed under this Part includes a reference to land otherwise authorised for the holding of race meetings under this Part or Part III.

4AMethods of remote betting

(1)The Minister, by notice published in the Government Gazette, may approve a method of communication which may be used by registered bookmakers or approved substitutes to accept bets from persons.

(2)The Minister may give approval for any period and on any conditions that the Minister thinks fit and may vary or withdraw any approval so given.

4BApplication for approval to use methods of approved remote betting on off-course premises

(1)A registered bookmaker issued with a club bookmaker's licence may apply to the controlling body that issued the licence, for approval to make or accept bets at premises other than a racecourse, using a method of communication approved by the Minister under section 4A.

(2)An application under subsection (1) must—

(a)be in writing;

(b)specify the premises for which approval under subsection (1) is sought;

(c)be in the form specified by the controlling body.

4CApproval of off-course premises for remote betting usage

(1)A controlling body that receives an application under section 4B may approve premises in Victoria that are not on a racecourse as premises at which the applicant may make or accept bets using a method of communication approved by the Minister under section 4A.

(2)In deciding whether to approve a premises as an approved off-course premises, a controlling body must have regard to—

(a)whether the premises the subject of the application are appropriate premises for the applicant to make or accept bets using a method of communication approved by the Minister under section 4A;

(b)whether the applicant and the premises the subject of the application comply with, and are capable of continuing to comply with, any requirements prescribed by the Minister under section 4E.

(3)A controlling body must, as soon as practicable after making a decision—

(a)give the applicant under section 4B written notice of its decision to grant or refuse an approval under this section;

(b)give the Commission written advice of a decision by the controlling body to grant or refuse an approval under this section.

(4)A controlling body may make an approval granted under this section subject to any conditions specified in the written approval.

(5)In addition to any condition specified by a controlling body under subsection (4), the following conditions apply to an approval granted under this section—

(a)that the approved off-course premises not be open to, or available for use by, the public or a section of the public for any purpose related to betting;

(b)that the registered bookmaker granted an approval under this section continue to comply with any requirements prescribed by the Minister under section 4E.

(6)The controlling body that grants an approval under this section may revoke that approval at any time by written notice given to the registered bookmaker.

(7)A registered bookmaker may appeal a decision by a controlling body to refuse an approval under this section to the Victorian Racing Tribunal.

4DCancellation or suspension of approval for approved off‑course premises or variation of conditions

(1)A controlling body may by written notice to a registered bookmaker cancel, or suspend for a period specified by the controlling body, an approval granted to the registered bookmaker under section 4C if the bookmaker fails to comply with a condition of that approval.

(2)A controlling body may vary the conditions of an approval granted to a registered bookmaker under section 4C—

(a)on the written request of the bookmaker;

(b)on the controlling body's own motion;

(c)following a variation of any requirements, prescribed by the Minister under section 4E, that the registered bookmaker must comply with before the approval is granted.

(3)If a controlling body varies the conditions of an approval under subsection (2), the controlling body must give written notice of the variation, as soon as practicable after the decision to vary the conditions is made, to—

(a)the registered bookmaker;

(b)the Commission.

(4)A registered bookmaker may appeal any decision of a controlling body under this section to the Victorian Racing Tribunal.

4EMinister may prescribe requirements to be complied with by bookmakers for approval to accept bets off‑course

(1)The Minister, by notice published in the Government Gazette, may prescribe requirements that a registered bookmaker must comply with before a controlling body grants the registered bookmaker approval to make or accept bets at premises other than a racecourse, using a method of communication the Minister has approved under section 4A.

(2)The Minister may vary requirements prescribed under subsection (1) by notice published in the Government Gazette.

(3)Requirements (including any variation of those requirements) prescribed under this section apply on and from the publication of the notice or on any later date specified in the notice.

4FCommission to notify controlling body of certain matters

(1)This section applies if, in respect of a registered bookmaker who holds an approval under section 4C, the Commission—

(a)finds or is advised that the registered bookmaker failed to comply with a condition of that approval; or

(b)suspends or cancels the registration of the bookmaker under section 4.5A.14 of the Gambling Regulation Act 2003.

(2)The Commission must give the controlling body that gave an approval to a bookmaker under section 4C written notice of any finding, advice, suspension or cancellation as soon as practicable.

4GOffence to breach conditions of approval to operate off‑course premises

A registered bookmaker who holds an approval for approved off-course premises granted under section 4C must not carry on the business of bookmaking at those premises unless it is in accordance with the conditions of that approval specified by the controlling body including any requirements specified by the Minister under section 4E.

Penalty:For a first offence, 15 penalty units or imprisonment for 3 months or both;

For a second offence, 25 penalty units or imprisonment for 6 months or both;

For a third or subsequent offence, imprisonment for 12 months.

4HOffence to open approved off-course premises to public

(1)A bookmaker who holds an approval for an approved off-course premises who makes or takes a bet or bets to the value of less than $500 from a person who is present at the premises is guilty of an offence and liable to a penalty of—

(a)for a first relevant offence, 60 penalty units;

(b)for a second relevant offence, 250 penalty units or imprisonment for 6 months or both;

(c)for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both.

(2)A bookmaker who holds an approval for an approved off-course premises, who makes or takes a bet or bets to the value of $500 or more from a person who is present at the premises is guilty of an offence and liable to a penalty of—

(a)for a first relevant offence, 100 penalty units or imprisonment for 3 months or both;

(b)for a second relevant offence, 250 penalty units or imprisonment for 6 months or both;

(c)for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both.

(3)An approved substitute for a bookmaker who holds an approval for an approved off-course premises who makes or takes a bet or bets to the value of less than $500 from a person who is present at the premises is guilty of an offence and liable to a penalty of—

(a)for a first relevant offence, 60 penalty units;

(b)for a second relevant offence, 250 penalty units or imprisonment for 6 months or both;

(c)for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both.

(4)An approved substitute for a bookmaker who holds an approval for an approved off-course premises, who makes or takes a bet or bets to the value of $500 or more from a person who is present at the premises is guilty of an offence and liable to a penalty of—

(a)for a first relevant offence, 100 penalty units or imprisonment for 3 months or both;

(b)for a second relevant offence, 250 penalty units or imprisonment for 6 months or both;

(c)for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both.

(5)A person (other than a person to whom subsection (1), (2), (3) or (4) applies) who makes or takes a bet or bets to the value of less than $500 while present at the approved off-course premises is guilty of an offence and liable to a penalty of—

(a)for a first relevant offence, 60 penalty units;

(b)for a second relevant offence, 250 penalty units or imprisonment for 6 months or both;

(c)for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both.

(6)A person (other than a person to whom subsection (1), (2), (3) or (4) applies) who makes or takes a bet or bets to the value of $500 or more while present at the approved off-course premises is guilty of an offence and liable to a penalty of—

(a)for a first relevant offence, 100 penalty units or imprisonment for 3 months or both;

(b)for a second relevant offence, 250 penalty units or imprisonment for 6 months or both;

(c)for a third or subsequent relevant offence, 1000 penalty units or imprisonment for 2 years or both.

(7)In this section—

relevant offence

means an offence against subsection (1), (2), (3), (4), (5) or (6)


or an offence against a law of another State or Territory that would, if committed in Victoria, be an offence against subsection (1), (2), (3), (4), (5) or (6).

4IProhibition on publishing prohibited advertising in relation to the approved off‑course premises

(1)A registered bookmaker who holds an approval under section 4C must not publish or cause to be published—

(a)any prohibited advertising in relation to approved off-course premises;

(b)the address of the approved off-course premises.

Penalty:20 penalty units.

(2)A person must not, on behalf of a registered bookmaker who holds an approval under section 4C, publish or cause to be published—

(a)any prohibited advertising in relation to approved off-course premises;

(b)the address of the approved off-course premises.

Penalty:20 penalty units.

(3)In this section—

prohibitedadvertising means any form of advertising that contains any information, term, expression, symbol or other thing—

(a)that draws attention to, or can reasonably be taken to draw attention to, the approved off-course premises or the presence of bookmakers or approved substitutes in those premises; or

(b)that uses a term or expression frequently associated with bookmakers or betting and associates those terms with the approved off-course premises;

publish includes disseminate in any way, whether by oral, visual, written or other means (for example, dissemination by means of cinema, video, radio, electronics, the Internet or television or by means of promotional material such as club journals, brochures or flyers).

5Rules and regulations about business at race‑courses, bookmakers etc.

(1)The committee or other managing body of any club or association conducting race-meetings on any race-course licensed under this Part may with the approval of the Governor in Council make alter or rescind rules and regulations for—

(a)the permitting of persons (approved by such committee or body) to carry on any business or vocation on any part of such race-course and prescribing the terms and conditions under which they may so carry on any such business or vocation upon payment of the fees or charges fixed by such rules or regulations; and

(b)the preventing of persons not so approved and permitted or of persons offending against such rules or regulations from carrying on any business or vocation upon any part of such race-course and the removing of such persons therefrom:

Provided that on any race-course no person shall carry on or be licensed or permitted to carry on the business or vocation of a bookmaker except on such parts of such race-course as are specially set apart for that purpose.

(2)Every person who in contravention of this section carries on the business or vocation of a bookmaker as aforesaid shall be guilty of an offence and liable to a penalty of not less than 2 penalty units or more than 5 penalty units.

(3)Any power under subsection (1) of this section or under any Act to make rules or regulations with respect to any licence or permit to any person to carry on the business or vocation of a bookmaker shall include a like power with respect to the issue of a substitute licence or substitute permit to any approved person nominated by the bookmaker to act during his illness or approved cause, subject to any conditions prescribed by such rules or regulations, on behalf and instead of such bookmaker for any specified period during the currency of the original licence or permit of such bookmaker.

(4)The person to whom any substitute licence or substitute permit aforesaid is issued shall during the currency thereof be subject to the provisions of this Act and of every other Act in all respects as if he were a bookmaker being the holder of a licence or permit (other than a substitute licence or substitute permit) issued pursuant to any law in that behalf.

(5)A power conferred by subsection (1) to make rules and regulations providing for the imposition of fees may be exercised by providing for all or any of the following matters—

(a)specific fees;

(b)maximum fees;

(c)minimum fees;

(d)fees that vary according to value or time or any other circumstance;

(e)the manner of payment of fees;

(f)the time or times at which fees are to be paid.

(6)Rules and regulations made under this section may be made—

(a)so as to provide for the exemption of persons or classes of persons from any of the rules and regulations providing for the imposition of fees; or

(b)so as to provide for the refund of fees, in whole or in part.

(7)A bookmaker who is liable to pay a levy under rules made under section 91B is not liable to pay a fee under any rules or regulations made under this section.

(8)If a rule or regulation made under this section is inconsistent with a rule made under section 91A or 91B, the rule or regulation made under this section is void to the extent of the inconsistency.

Division 2A—Club betting permits

5ABetting in accordance with club betting permits

Despite anything in the Gambling Regulation Act 2003 (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a premises is not a place provided for the purposes of unauthorised gambling within the meaning of Chapter 2 of that Act, if a person bets by way of wagering—

(a)at that premises and that premises is a premises specified in a club betting permit; and

(b)in accordance with the conditions of the permit.

5BGrant of club betting permits

(1)The Minister may grant a permit to any specified body to allow betting on any horse race, any harness race, any greyhound race or on any approved betting event—

(a)at the premises; and

(b)in accordance with the conditions; and

(c)on the day and for the period—

specified in the permit by the Minister.

(1A)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a permit granted under this section is declared not to be personal property.

(2)In this section—

specified body means—

(a)any racing club licensed under section 24A; or

(b)Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria; or

(c)the Stawell Athletic Club Incorporated or the Victorian Club Limited.

5CConditions of the permits

(1)The Minister may specify conditions in the permit dealing with all or any of the following matters—

(a)the type of betting;

(b)the class of bookmakers who may conduct the betting;

(c)the supervision of the betting and the body who is to conduct the supervision;

(d)any other matter the Minister thinks fit.

(2)The permit is subject to a condition that the holder of the permit must not obtain any financial benefit from bets made under the permit.

(3)The Minister may add to, vary or revoke any conditions on a permit.

5DRevocation of permits

The Minister may revoke a permit, for any just and reasonable cause, at any time.

Division 2B—Rules of Racing Victoria

5EDefinition

In this Division—

*                *                *                *                *

Rules of Racing means the rules, for the time being in force, of Racing Victoria.

5FRules of Racing Victoria binding on certain persons

(1)The Rules of Racing apply to and may be enforced against—

(a)a person who is the holder of a licence, registration, permit or other authority issued by Racing Victoria; or

(b)subject to subsection (2), a relevant person.

(2)In relation to a relevant person, the Rules of Racing must provide that, if there is to be an investigation or inquiry in relation to horse racing or wagering or both under the Rules of Racing in which the Rules of Racing may be applied to or enforced against a relevant person—

(a)the investigation or inquiry must be initiated by a Steward; and

(b)in conducting the investigation or inquiry, the Steward must have reasonable grounds to suspect the relevant person—

(i)may have contravened the Rules of Racing; or

(ii)may be involved in a contravention of the Rules of Racing; or

(iii)may have knowledge or possession of information as to a contravention of the Rules of Racing—

because of—

(iv)the person's attendance at a race‑meeting of horse racing in Victoria; or

(v)the person's participation in an activity in connection with or involving horse racing in Victoria or wagering on horse racing in Victoria.

*                *                *                *                *

Division 3—Regulation of race-meetings

*                *                *                *                *

6Holding of race-meetings

(1)Unless this Part otherwise provides, a race-meeting for horse racing or harness racing or greyhound racing may only be held—

(a)on a race-course licensed under section 24 for that type of racing; and

(b)by Harness Racing Victoria or Greyhound Racing Victoria, as the case requires, or by a club licensed under section 24A to conduct race-meetings for that type of racing on that race-course; and

(c)in accordance with the rules for the time being in force of Racing Victoria or Harness Racing Victoria or Greyhound Racing Victoria, as the case may be.

(2)Despite subsection (1), race meetings may be conducted, with the consent of the owners or trustees of a licensed race-course, by one or more of the Findon Harriers's Hunt Club, Melbourne Hunt Club, Oaklands Hunt Club and Yarra Glen and Lilydale Hunt Club for the benefit of such of the hunts clubs as the Minister determines.

(3)Race-meetings must not be held on Christmas Day.

*                *                *                *                *

7Transfer of race-meeting to another race-course

Despite section 6, if a club licensed to conduct race-meetings on a race-course satisfies Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria, as the case may be, that it is impossible, impracticable or inexpedient to hold a race-meeting or continue to hold race-meetings on that race-course, Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria, as the case may be, may authorise the club to hold race-meetings on another race-course licensed under this Part.

*                *                *                *                *

14ADuration of race-meetings

Unless the Minister otherwise directs, a race‑meeting must commence and finish on the same day and is deemed for the purposes of this Act and the Gambling Regulation Act 2003 to commence 1 hour before the advertised starting time of the first race, and to finish 1 hour after the actual starting time of the last race, to be conducted at that meeting.

14ABDuration of official trial meetings

Unless the Minister otherwise directs, an official trial meeting—

(a)must commence and finish on the same day; and

(b)for the purposes of this Act—

(i)is taken to commence one hour before the advertised starting time of the first trial to be conducted at that meeting; and

(ii)is taken to finish one hour after the actual starting time of the last trial to be conducted at that meeting.

14BDates and times for horse racing

Subject to this Part, the dates and times for horse race-meetings are such dates and times as are fixed by and under the rules for the time being in force of Racing Victoria.

*                *                *                *                *

18Picnic race-meetings

(1)Despite anything to the contrary in this Part, a club may apply to the Minister for the issue of a permit authorising the club to hold picnic race‑meetings registered in accordance with the rules of Racing Victoria on specified land 32 kilometres or more from the north-east corner of Bourke and Elizabeth Streets, Melbourne on any day permitted by this Act and approved by Racing Victoria.

(2)The Minister may, after consultation with Racing Victoria, issue such a permit, subject to any conditions that the Minister thinks fit.

(3)A permit remains in force until it is cancelled or surrendered.

(4)The Minister—

(a)may cancel a permit for any just and reasonable cause stated in writing; and

(b)must cancel a permit issued to a club if Racing Victoria notifies the Minister in writing that the club has no picnic race‑meetings registered in accordance with its rules.

(5)Without limiting subsection (4), the Minister may cancel a permit if the permit is no longer correct in its details.

Heading preceding s. 17 repealed by No. 37/1994 s. 180(c).

S. 17 amended by Nos 6836 s. 11(a), 7621 s. 12(1)(a)(i)(ii)(b)(i)(ii)(c), 8344 s. 26(3)(e), S.R. No. 166/1974 reg. 2, substituted by No. 9924 s. 9, repealed by No. 37/1994 s. 180(c).

S. 18 amended by No. 8344 s. 26(3)(f), repealed by No. 37/1994 s. 180(d).

S. 18A inserted by No. 49/1987 s. 11, amended by No. 77/1993 s. 7(2)(a)(b), repealed by No. 37/1994 s. 180(d).

[3] S. 22C inserted by No. 49/1987 s. 7, amended by Nos 12/1991 s. 3(b), 17/1992 s. 6(3)(4), 49/1993 s. 11(1)(2), 77/1993 s. 7(3)–(5), repealed by No. 37/1994 s. 182(i).

[4] Ss 27, 28:

S. 27 amended by Nos 7621 s. 11(1), 9038 s. 2(b), 9549 s. 2(1)(Sch. item 188), repealed by No. 37/1994 s. 184(b).

S. 28 amended by Nos 6836 s. 11(a), 8344 s. 26(3)(o), S.R. No. 166/1974 reg. 2, repealed by No. 37/1994 s. 184(b).

[5] Ss 30, 31:

S. 30 amended by S.R. No. 166/1974 reg. 2, repealed by No. 37/1994 s. 186(a).

Heading preceding s. 31 repealed by No. 37/1994 s. 186(b).

S. 31 amended by No. 6836 s. 11(a), S.R. No. 166/1974 reg. 2, No. 9671 s. 28, repealed by No. 37/1994 s. 186(b).

[6] S. 32(1)–(6):

S. 32(1) amended by Nos 6574 s. 4(a)(b), 8080 s. 2, 8344 s. 26(3)(p), 8603 s. 3, substituted by No. 8885 s. 2, amended by No. 9671 ss 28, 29, repealed by No. 37/1994 s. 186(c).

S. 32(1A)–(1C) inserted by No. 8885 s. 2, amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(c).

S. 32(2) amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(c).

S. 32(3) amended by Nos 6607 s. 2(c), 9671 ss 28, 29, 49/1987 s. 8, 77/1993 s. 7(6), repealed by No. 37/1994 s. 186(c).

S. 32(4) amended by No. 6867 s. 2(Sch. 1), S.R. No. 166/1974 reg. 2, No. 9671 ss 28, 29, repealed by No. 37/1994 s. 186(c).

S. 32(5) amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(c).

S. 32(6) inserted by No. 7691 s. 2, amended by Nos 8344 s. 26(3)(p), 9671 ss 28, 29, 32/1991 s. 4, repealed by No. 37/1994 s. 186(c).

[7] S. 47 amended by No. 7621 s. 12(6), substituted by No. 9201 s. 16, amended by Nos 9388 s. 8, 37/1994 s. 193(1), repealed by No. 31/1994 s. 4 (Sch. 2 item 71.1).

[8] S. 52:

Heading preceding s. 52 repealed by No. 37/1994 s. 188(b).

S. 52 amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(u), repealed by No. 37/1994 s. 188(b).

[9] Ss 53–54A:

S. 53 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 188(e).

S. 54 amended by Nos 6607 s. 3(a), 8209 s. 21(1)(a)(ii), substituted by No. 49/1987 s. 9, amended by Nos 17/1992 s. 6(5)(6), 49/1993 s. 11(3)(4), 77/1993 s. 7(7)–(9), repealed by No. 37/1994 s. 188(f).

S. 54A inserted by No. 49/1987 s. 12, amended by Nos 41/1989 s. 8(a)(b), 77/1993 s. 7(10), repealed by No. 37/1994 s. 188(f).

[10] Ss 56–59:

S. 56 amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(w), repealed by No. 9146 s. 4.

S. 57 amended by Nos 7621 s. 13(4)(a)(b), 8209 s. 21(1)(a)(ii), 9146 s. 6, 9671 s. 6(a)(b), repealed by No. 37/1994 s. 188(f).

S. 57A inserted by No. 6638 s. 2, repealed by No. 7351 s. 4.

S. 57A was repealed on 1.7.67: GG 21.6.67 p. 2027.

Heading preceding s. 58 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 188(g).

S. 58 amended by Nos 7621 s. 11(2), 8080 s. 3, 8209 s. 21(1)(a)(ii), 8344 s. 26(3)(x), 9038 s. 2(c), 9146 s. 7(1), 41/1989 s. 8(c), repealed by No. 37/1994 s. 188(g).

S. 59 substituted by No. 6638 s. 3(a), amended by Nos 7621 s. 11(2), 8344 s. 26(3)(y), 9038 s. 2(d), repealed by No. 37/1994 s. 188(g).

[11] Ss 60–63:

S. 60 repealed by No. 37/1994 s. 188(i).

S. 61 amended by Nos 8209 ss 6, 21(1)(a)(ii), 8344 s. 26(3)(aa), repealed by No. 37/1994 s. 188(i).

S. 62 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 188(i).

S. 63 amended by Nos 6638 s. 4, 7082 s. 3, 8209 ss 7, 21(1)(a)(ii), 8344 s. 26(3)(bb), S.R. No. 166/1974 reg. 2, Nos 8776 s. 3(2)(a), 9146 s. 9(a)(b), 9671 s. 7, 12/1989 s. 4(1)(Sch. 2 item 103.2), 32/1991 s. 6(1)(a)–(d), 119/1993 s. 16(4), repealed by No. 37/1994 s. 188(i).

[12] S. 67:

S. 67 amended by No. 12/1989 s. 4(1)(Sch. 2 items 103.3, 103.4), repealed by No. 37/1994 s. 188(n).

[13] S. 79:

S. 79 amended by Nos 8209 s. 21(1)(a)(ii), 125/1986 s. 13(i), 41/1989 s. 8(d), repealed by No. 37/1994 s. 188(r).

[14] S. 80A:

S. 80A inserted by No. 9671 s. 13, repealed by No. 9924 s. 3(e).

[15] Pt 3A (Heading and ss 83A–83E):

Pt 3A (Heading) inserted by No. 8209 s. 10, repealed by No. 37/1994 s. 194(1).

S. 83A inserted by No. 8209 s. 10, amended by Nos 8344 s. 26(3)(gg), 9146 s. 10, 9671 ss 15(a)(b), 16, 41/1989 s. 7(1)(a)(b), repealed by


No. 37/1994 s. 194(1).

S. 83B inserted by No. 8209 s. 10, amended by No. 41/1989 s. 7(2), repealed by No. 37/1994 s. 194(1).

S. 83C inserted by No. 8209 s. 10, repealed by No. 37/1994 s. 194(1).

S. 83D inserted by No. 8209 s. 10, amended by Nos 8269 s. 9(a), 8503 s. 3, 8603 s. 9(1), 8975 s. 2(2), 9201 s. 20, 9671 s. 17(a)(b), 9861 s. 3(1), repealed by No. 37/1994 s. 194(2).

S. 83E inserted by No. 8603 s. 8(2), repealed by No. 37/1994 s. 194(1).

[16] Pt 3B (Heading and ss 83F–83O):

Pt 3B (Heading and ss 83F–83O) inserted by No. 9924 s. 2, amended by Nos 49/1987 s. 23(c)(d), 27/1988 ss 5–7, 77/1993 s. 6, 37/1994 s. 190, 83/1995 ss 11(4), 12, 13, 35/1996 s. 453(Sch. 1 item 70), 73/1996 s. 90(3)–(5), 46/1998 s. 7(Sch. 1), 16/2001 ss 19–22, 28(Sch. items 18, 19), 35/2001 s. 6(Sch. 1 items 8, 9), 45/2004 ss 11–13, 108/2004 s. 117(1)(Sch. 3 items 171.2–171.4), 18/2005 s. 18(Sch. 1 item 91), 92/2005 s. 3, 80/2006 s. 26(Sch. item 90), 73/2008 s. 8, substituted as Pt 3B (Heading and ss 83OD–83OG) by No. 52/2009 s. 9.

[17] Pt 5 (Heading and ss 96–116):

Pt 5 (Heading) amended by No. 10184 s. 21(1), repealed by No. 37/1994 s. 194(3).

S. 96 amended by Nos 6619 s. 3, 6836 s. 3, 7082 s. 5(a)(b), 7230 s. 7(a), 7351 s. 2, 8209 ss 13(1)(a)–(c), 21(1)(a)(ii), S.R. No. 166/1974 reg. 2, Nos 8566 s. 6(1), 9473 s. 2(1)(a)–(e)(2), 9671 s. 28, 125/1986 s. 7(c)(i)(ii), repealed by No. 37/1994 s. 194(3).

Pt 5 Div. 1 (Heading and ss 97–116) amended by Nos 6619 s. 4(1), 6836 ss 4, 5, 6886 s. 3, 7082 ss 6, 7, 7301 s. 2(a)(i), 7442 s. 2(a), 7621


s. 12(9)–(11), 7828 ss 6, 7(2), 8080 s. 6(1), 8209 s. 13(2), 8269 s. 2, 8344 s. 26(3)(hh), S.R. No. 166/1974 reg. 2, Nos 8566 s. 6(2), 8739 s. 2, 9201 ss 2(1), 9, 9319 s. 2, 9473 ss 3, 4, 14, 9549 s. 2(1)(Sch. item 188), 9671 s. 28, 9861 s. 3(1), 125/1986 ss 7(d)(e), 13(e)(n)–(v) (as amended by No. 49/1987 s. 24(2)(a)(b))(w), 14(b)(c), 49/1987 ss 19(1), 23(a), 92/1987 s. 3, 49/1988 s. 182, 41/1989 s. 8(f), 32/1991 s. 9, 49/1993 s. 10(1)–(3), 77/1993 s. 9(1)(2), repealed by No. 37/1994 s. 194(3)(4).

Pt 5 Div. 2 (Heading and ss 116A–116ZB (except ss 116G, 116Y)) amended by Nos 6619 s. 4(2), 6836 ss 6–8, 6886 s. 3, 6981 s. 2(a), 7015 s. 12(1)(b)(c), 7082 ss 8–11, 7138 s. 2, 7230 s. 8, 7301 s. 2(b), 7351 s. 3, 7404 s. 3, 7442 s. 2(b), 7621 ss 7, 8, 13(6), 7684 s. 8, 7828 ss 5, 8, 8080 ss 7–9, 10(1), 11–14, 8209 ss 14–17, 21(1)(a)(ii), 8269 ss 3, 4, 8344 s. 26(3)(ii), S.R. No. 166/1974 reg. 2, Nos 8566 ss 7, 10, 8603 ss 11, 12, 8739 s. 3, 8776 s. 3(2)(a)(b), 8989 ss 4–6, 9201 ss 4, 7, 14, 15, 9319 ss 3, 7, 9388 s. 3, 9473 ss 5, 13, 9671 ss 18, 19(a)(b) (as amended by No. 9902 s. 2(1)(Sch. item 216)), 20, 21(1), 28–30, 9738 s. 2, 9861 s. 3(1), 9924 ss 3(g), 12, 10014 s. 7(1)–(3), 10184 ss 16, 19(1), 20, 10193 s. 4, 28/1986 ss 8–10, 125/1986 ss 7(f), 9–11, 12(a), 13(w)–(y), 14(d), 5/1987 s. 3(1)(2), 49/1987 ss 20, 21, 23(b), 24(1)(g), 92/1987 s. 4, 97/1987 s. 181(13), 27/1988 ss 4(3)–(5), 9, 73/1988 s. 4, 78/1988 s. 11, 41/1989 s. 8(g)(h), 71/1989 ss 4, 7, 9, 32/1991 ss 10(1), 12–15, 17, 53/1991 s. 162(1), 49/1993 ss 8, 9, 10(4)–(6), 56/1993 s. 17, 77/1993 ss 10(1), 11, repealed by No. 37/1994 s. 194(3)(5).

[18] S. 116Y inserted by No. 7828 s. 9, substituted by No. 9201 s. 18, amended by Nos 9388 s. 8, 37/1994 s. 194(3), repealed by No. 31/1994 s. 4(Sch. 2 item 71.3).

The proposed repeal of section 116Y(1) by No. 37/1994 s. 194(5) is therefore not included in this publication.

[19] Pt 5 Divs 3–5:

Pt 5 Div. 3 (Heading and ss 116AA–116AP) inserted by No. 6836 s. 9, amended by Nos 7082 ss 12(a)(b), 13, 7301 s. 2(c)(d), 7442 s. 2(c), 7684 ss 6, 7, 7899 s. 4(a)(b), 8080 ss 15, 16, 8209 ss 18–20, 8269 ss 5, 6(a)–(d), 8344 s. 26(3)(ii), 8450 ss 2, 3, 8566 s. 8(1)(2), 9201 s. 5, 9388 s. 4(a)(b), 9473 ss 6(a)–(c), 7(a)(b), 8, 9(a)–(d), 14, 9549 s. 2(1)(Sch. items 188, 189), 9671 s. 21(2)(a)–(g), 9861 s. 3(1), 125/1986 ss 7(g), 12(b), 13(w)(z), 14(e), 49/1987 s. 14(2), repealed by No. 37/1994 s. 194(3).

Pt 5 Div. 4 (Heading and ss 116BA–116BS) inserted by No. 7082 s. 15, amended by Nos 7230 ss 9, 10(a)(b), 7301 s. 2(e)(f)(i)(ii), 7442 s. 2(e)(f)(i)(ii), 7621 ss 9, 10, 13(7), 7828 s. 6, 8080 s. 15, 8269 ss 7,


8(a)–(d), 8344 s. 26(3)(kk), 8566 s. 9(1)(a)(b)(2), 8603 s. 13(a)(b), 8739 s. 4(a)(b)(i)(ii), 8776 s. 3(2)(a), 8989 s. 6, 9201 s. 6, 9319 ss 4(a)(b), 5, 6(a)(b), 9388 s. 5, 9473 s. 14, 9549 s. 2(1)(Sch. item 188), 9671


s. 21(3)(a)–(e)(i)(ii), 9861 s. 3(1), 125/1986 ss 7(g), 13(w)(y)(z), 49/1987 ss 19(2), 23(e), 49/1993 s. 10(7)(a)(b)(i)(ii)(8)(9)(a)–(e)(10)(a), repealed by No. 37/1994 s. 194(3).

Pt 5 Div. 5 (Heading and ss 116BT–116CI) inserted by No. 8975 s. 2(1), amended by Nos 9473 ss 10(a)(b), 11(a)(b), 12, 9671 s. 32, 9861 s. 3(1), 10184 ss 4(a)–(d), 5(a)(b), 6, 7(a)(i)(ii)(b)(i)(ii), 8, 9, 10(a)(b), 11, 12(a)(b), 13, 14(a)(b), 15(a)(i)(ii)(b)(i)(ii), 17, 18(a)–(c), 21(2), 125/1986 ss 7(h), 13(w)(y)(z), 49/1987 ss 23(e), 24(1)(f), 73/1988 s. 6(a)(i)(ii)(b)(c)


(i)–(iii)(d), 41/1989 s. 8(i), 32/1991 ss 10(2), 11(1)–(8), 53/1991 s. 162(2), 66/1991 ss 4, 5, 49/1993 s. 4(1)(2) (as amended by No. 77/1993 s. 12(a)(b)), 117/1993 s. 30, repealed by No. 37/1994 s. 194(3).

[20] Pt 6 Divs 1, 2:

Pt 6 Div. 1 (Heading and s. 117) amended by No. 8344 s. 26(3)(ii), repealed by No. 8566 s. 11, new s. 117 inserted by No. 9671 s. 21(4), repealed by No. 37/1994 s. 194(8).

Pt 6 Div. 2 (Heading) amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 194(6).

[21] S. 118:

S. 118 repealed by No. 37/1994 s. 194(6).

[22] S. 119:

S. 119 amended by Nos 6836 s. 10, 7015 s. 12(1)(d), 8209 s. 21(1)(a)(ii), 8269 s. 10(a)–(c), 8885 s. 3(a)–(c), 9201 s. 8(a)–(e), 9671 ss 28, 32, 125/1986 s. 14(b), 41/1989 s. 8(j)(k), 66/1991 s. 6, substituted by No. 37/1994 s. 192, amended by Nos 98/1994 s. 28(a)(b), 83/1995 s. 14(e), 40/1997 s. 138(Sch. 2 item 12), 48/1998 s. 10(1)(2) (ILA s. 39B(1)), 97/1998 s. 24(2), repealed by No. 24/2000 s. 16.

[23] Ss 120–125:

S. 120 amended by No. 7015 s. 12(1)(d), repealed by No. 37/1994 s. 194(6).

S. 121 amended by No. 9671 ss 29, 32, repealed by No. 37/1994 s. 194(6).

S. 122 amended by Nos 7015 s. 12(1)(d), 7621 s. 12(12), 7684 s. 9(a)(b), 17/1992 s. 11(1), repealed by No. 37/1994 s. 194(6).

S. 123 amended by Nos 9671 ss 29, 30, 32, 17/1992 s. 11(2), repealed by No. 37/1994 s. 194(6).

S. 124 amended by No. 8209 s. 21(1)(a)(ii), repealed by No. 37/1994 s. 194(6).

S. 124A inserted by No. 66/1991 s. 7, repealed by No. 37/1994 s. 194(6).

S. 125 repealed by No. 37/1994 s. 194(6).

[24] Pt 6 Div. 3 (Heading and ss 126, 127):

Pt 6 Div. 3 (Heading and s. 126) inserted by No. 7684 s. 10, amended by Nos 7828 s. 10, 7899 s. 6(a)–(c)(i)–(iv)(d)(e)(i)(ii), 8080 s. 17(a)(i)–(v) (b)(c), 8209 s. 20(2), 8269 s. 9(b)(c), 8503 s. 3, 8603 s. 9(2)(a)–(c), 8975 s. 2(3)(4), 9201 s. 21, 9388 s. 7, 9671 ss 22(a)(b)(i)–(iii)(c)–(e), 29, 9861 s. 3(1), 9924 s. 13, 49/1987 s. 24(1)(h), repealed by No. 37/1994 s. 194(8).

S. 127 inserted by No. 8603 s. 8(1), amended by No. 9212 s. 2(2), repealed by No. 37/1994 s. 194(7).

[25] Pt 6 Div. 4 (Heading and ss 128, 129) inserted by No. 9201 s. 3, amended by Nos 9671 ss 28, 32, 9861 s. 3(1), 28/1986 ss 11, 12, 49/1987 s. 22(a)(b), 49/1993 s. 10(11), repealed by No. 37/1994 s. 194(6).

[26] Schs 1–4:

Sch. 1 repealed by No. 49/1993 s. 13(2).

Sch. 2 amended by Nos 6462 s. 4, 6836 s. 11(c), 8344 s. 26(3)(mm), 8566 s. 4(3)(a)–(c), substituted by No. 8776 s. 2(g), repealed by No. 9924 s. 10(3).

Sch. 3 amended by GGs 24.7.63 p. 2207, 28.8.63 p. 2578, 13.11.63 p. 3394, substituted by No. 8776 s. 3(2)(c), amended by No. 49/1987 s. 24(1)(i), repealed by No. 37/1994 s. 194(9).

Sch. 4 inserted by No. 9201 s. 24, repealed by No. 37/1994 s. 194(9).

[27] Table of Amendments (Racing Amendment (Integrity and Disciplinary Structures) Act 2018): The amendment proposed by section 6 of the Racing Amendment (Integrity and Disciplinary Structures) Act 2018, No. 37/2018 is not included in this publication because section 37P was not part of this Act on the commencement of section 6 of that Act.

Section 6 reads as follows:

6Procedure on completion of investigation of public interest complaint

(1)In section 37P(1) of the Racing Act 1958

(a)after paragraph (a)(i) insert

"(ia)the Integrity Board; and";

(b)after paragraph (b)(i) insert

"(ia)the Integrity Board; or".

(2)In section 37P(2) of the Racing Act 1958, after "Minister" insert "and the Integrity Board".

(3)In section 37P(3) of the Racing Act 1958, after "Minister" insert "and the Integrity Board".

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