Racing Act 1999 (ACT)

Racing Act 1999   

A1999-1

Republication No 23

Effective:  24 August 2022

Republication date: 24 August 2022

Last amendment made by A2022‑14

About this republication

The republished law

This is a republication of the Racing Act 1999 (including any amendment made under the Legislation Act 2001, part 11.3 (Editorial changes)) as in force on 24 August 2022.  It also includes any commencement, amendment, repeal or expiry affecting this republished law to 24 August 2022. 

The legislation history and amendment history of the republished law are set out in endnotes 3 and 4.

Kinds of republications

The Parliamentary Counsel’s Office prepares 2 kinds of republications of ACT laws (see the ACT legislation register at type="disc">

authorised republications to which the Legislation Act 2001 applies

unauthorised republications.

The status of this republication appears on the bottom of each page.

Editorial changes

The Legislation Act 2001, part 11.3 authorises the Parliamentary Counsel to make editorial amendments and other changes of a formal nature when preparing a law for republication. Editorial changes do not change the effect of the law, but have effect as if they had been made by an Act commencing on the republication date (see Legislation Act 2001, s 115 and s 117). The changes are made if the Parliamentary Counsel considers they are desirable to bring the law into line, or more closely into line, with current legislative drafting practice.

This republication does not include amendments made under part 11.3 (see endnote 1).

Uncommenced provisions and amendments

If a provision of the republished law has not commenced, the symbol  U  appears immediately before the provision heading.  Any uncommenced amendments that affect this republished law are accessible on the ACT legislation register ( For more information, see the home page for this law on the register.

Modifications

If a provision of the republished law is affected by a current modification, the symbol  M  appears immediately before the provision heading.  The text of the modifying provision appears in the endnotes.  For the legal status of modifications, see the Legislation Act 2001, section 95.

Penalties

At the republication date, the value of a penalty unit for an offence against this law is $160 for an individual and $810 for a corporation (see Legislation Act 2001, s 133).

Racing Act 1999

Contents

Page

Part 1      Preliminary

1            Name of Act  2

2            Dictionary  2

3            Notes  2

Part 2      Control of races for the purpose of betting

Division 2.1                  Race meetings

4            Restriction on races for the purpose of betting  3

5            Licensed racecourses  3

6            Approval of betting at certain race meetings  4

7           Schedules of race meetings  4

8            Race meetings to be conducted in compliance with conditions              5

9            Phantom meetings  5

Division 2.2                  Approved rules

10          Application of approved rules  of a controlling body  6

11          Application of approved rules of an ARO  6

12          Approval of special rules for race meetings  7

13          Special rules to be made available before a race meeting  7

14          Application of special rules  7

Part 3      Controlling bodies

Division 3.1                  Controlling body for thoroughbred racing

15          Racing club is the controlling body for thoroughbred racing                  8

16          Functions of the racing club  8

17          Delegation by racing club  9

18          Racing club—reports and accounts  9

19          Rules of thoroughbred racing  10

20          Racing club—appointment of administrator  10

Division 3.2                  Controlling body for harness racing

21          Harness club is the controlling body for harness racing  11

22          Functions of the harness club  11

23          Delegation by harness club  12

24          Harness club—reports and accounts  12

25          Rules of harness racing  12

26          Harness club—appointment of administrator  13

Part 4      Approved racing organisations

33          Approved racing organisations  14

34          Applications  14

35          Variation of conditions or approved rules  15

36          Revocation of approval of AROs  16

37          AROs must provide reports  16

Part 5      The Racing Appeals Tribunal

Division 5.1                  The tribunal

38          Establishment  17

39          Functions  17

40          Membership  17

41Constitution for appeals 17

42          Assessors  18

43          Powers in relation to witnesses etc  18

44Application of Criminal Code, ch 7 19

45          Rules of the tribunal  19

46          Registrar of tribunal  19

46A           Protection from liability for tribunal members  20

Division 5.2                  Hearing of appeals

47          Jurisdiction  20

48          Appeals—filing  21

49          Suspension of decision pending hearing of the appeal  21

50          Parties  21

51          Notice of hearing  21

52          Representation  22

53          Bond  22

54          Hearings to be in public  22

55          Adjournments  22

56          Record of proceedings  22

57          Evidence  23

58          Procedure for decision by the tribunal  23

59          Principles on which decisions made  23

60          Orders etc that may be made by the tribunal  24

61          Decisions of tribunal final and binding  24

Part 5A    Jockeys accident insurance

61A           Definitions—pt 5A  25

61B           Accident insurance arrangements—authorisation  26

61C           Accident insurance arrangements—operation  27

61D           Notices relating to accident insurance arrangements  28

Part 5B     Use of race field information

Division 5B.1               Limits on use of race field information

61E           Definitions—pt 5B  29

61F           Offence—use of race field information without approval  31

61G           Offence—failing to pay race field information charge  31

61H           Offence—failing to comply with condition on approval  31

61I         Criminal liability of executive officers  32

Division 5B.2               Approval and conditions

61J         Application for approval to use race field information  34

61K           Issue of approval  34

61L         Suitable person  35

61M           Condition on approval—race field information charge  36

61N           Other conditions of approval  37

61O           Form of approval  37

61P           Renewal of approval  37

61Q           Issue of renewed approval  38

61R           Revocation of approval  38

Division 5B.3               Other matters

61U           Relevant controlling body may appoint agent  39

61V           Relevant controlling bodies must give report on race field information charge revenue   39

61W           Confidentiality of personal information  39

61X Authorisations for Competition and Consumer Act and Competition Code 40

Part 6      Notification and review of decisions

62          Meaning of reviewable decision—pt 6  42

63          Reviewable decision notices  42

64          Applications for review  42

Part 7      Miscellaneous

66          Regulation-making power  43

67          Determination of fees  43

Schedule 1 Members of the tribunal  44

1.1          Tribunal members—appointment  44

1.3          Tribunal members—term  45

1.4          Tribunal members—ending of appointment  45

1.6          Tribunal members—leave of absence  45

1.7          Tribunal members—disclosure of interests  45

Schedule 2 Assessors of the tribunal  47

2.1          Assessors—appointment  47

2.2          Assessors—term  47

2.3          Assessors—ending of appointments  47

2.5          Assessors—disclosure of interests  48

Schedule 3 Reviewable decisions  49

Dictionary50

Endnotes

1            About the endnotes  54

2            Abbreviation key  54

3            Legislation history  55

4            Amendment history  59

5            Earlier republications  71

6            Expired transitional or validating provisions  73

Racing Act 1999

An Act to regulate thoroughbred racing and harness racing conducted for the purpose of betting, and for related purposes

Part 1Preliminary

1. Name of Act

   This Act is the Racing Act 1999.

2. Dictionary

   The dictionary at the end of this Act is part of this Act.

   Note 1The dictionary at the end of this Act defines certain terms used in this Act, and includes references (signpost definitions) to other terms defined elsewhere in this Act.

   For example, the signpost definition ‘licensed racecourse—section 5.’ means that the term ‘licensed racecourse’ is defined in that section and the definition applies to this Act.

   Note 2A definition in the dictionary (including a signpost definition) applies to the entire Act unless the definition, or another provision of the Act, provides otherwise or the contrary intention otherwise appears (see Legislation Act, s 155 and s 156 (1)).

3. Notes

   A note included in this Act is explanatory and is not part of this Act.

   NoteSee the Legislation Act, s 127 (1), (4) and (5) for the legal status of notes.

Part 2Control of races for the purpose of betting

Division 2.1               Race meetings

1. Restriction on races for the purpose of betting

   (1)A person must not conduct a race for the purpose of betting, except at an authorised race meeting.

   Maximum penalty:  100 penalty units.

   (2)A person must not participate in a race conducted for the purpose of betting, except at an authorised race meeting, as—

   (a)rider or driver of an animal; or

   (b)trainer; or

   (c)owner; or

   (d)in a capacity prescribed by regulation.

   Maximum penalty:  100 penalty units.

   (3)It is a defence to a charge for an offence against subsection (2) that the person did not know, and had no reason to suppose, that the race was being conducted for the purpose of betting.

2. Licensed racecourses

   (1)A racecourse is a licensed racecourse in relation to a controlling body or an ARO if approved as such by the commission on an application by the body or ARO.

   (2)A racecourse that was nominated by the ARO under section 34 (1) (c) (ii) is approved as a licensed racecourse in relation to the ARO.

   (3)The commission may revoke approval of a licensed racecourse in relation to a controlling body or an ARO—

   (a)at the request of the controlling body or ARO concerned; or

   (b)after determining by an inquiry that the approval should be revoked.

3. Approval of betting at certain race meetings

   (1)The commission may approve race meetings for the purposes of betting, in accordance with this section.

   (2)A controlling body may propose for approval by the commission a race meeting for the purpose of betting that is to be held at a licensed racecourse of the body by another person.

   (3)In proposing such a race meeting, the controlling body may attach such conditions as it thinks appropriate.

4. Schedules of race meetings

   (1)A controlling body or an ARO must publish from time to time a schedule of race meetings to be held by the body or ARO.

   (2)The commission may require schedules to be published at times and in a form approved by the commission.

   (3)A schedule must specify for each authorised race meeting—

   (a)the day when it is to be held; and

   (b)the racecourse where it is to be held; and

   (c)the person or body who will conduct the meeting; and

   (d)where any race at the race meeting will be subject to special rules as to racing or betting—

   (i)the rules under which the race will be held; and

   (ii)the rules under which any betting on the race will be conducted; and

   (iii)an address where members of the public may obtain copies of the rules before the day of the race meeting.

5. Race meetings to be conducted in compliance with conditions

   A person conducting a race meeting must comply with this Act and with any conditions set under section 6 (3) or section 34 (3).

   Maximum penalty:  50 penalty units.

6. Phantom meetings

   A person must not conduct a race meeting for the purpose of betting without running races at the meeting, other than with the approval in writing of the commission, unless—

   (a)the meeting is an authorised race meeting; and

   (b)races were scheduled to be run at the meeting and nominations called for; and

   (c)sufficient nominations were received for races to be run at the meeting; and

   (d)the races were cancelled only because of unforeseen circumstances; and

   (e)those circumstances did not permit the cancellation to be made more than 2 business days before the meeting.

Division 2.2               Approved rules

1. Application of approved rules  of a controlling body

   The approved rules  of a controlling body apply in relation to—

   (a)a person (an affected person) registered with or licensed by—

   (i)the controlling body; or

   (ii)where the registration or licence is of a kind recognised by the controlling body for the purposes of the rules—a corresponding body that deals with racing of the same kind; and

   (b)an animal registered with or licensed by a body referred to in paragraph (a) (i) or (ii); and

   (c)a person who was formerly an affected person—

   (i)whose registration or licence is under suspension; or

   (ii)so far as the rules relate to the dealings of the person with an affected person—whose registration or licence is cancelled; and

   (d)subject to any approval by the commission of special rules—a race meeting conducted by the controlling body; and

   (e)any premises owned or occupied by the controlling body.

2. Application of approved rules of an ARO

   The approved rules of an ARO apply in relation to—

   (a)a person registered with or licensed by the ARO (an affected person); and

   (b)an animal registered with or licensed by the ARO; and

   (c)a person who was formerly an affected person—

   (i)whose registration or licence is under suspension; or

   (ii)so far as the rules relate to the dealings of the person with an affected person—whose registration or licence is cancelled; and

   (d)subject to any approval by the commission of special rules—any authorised race meeting conducted by the ARO; and

   (e)any premises owned or occupied by the ARO.

3. Approval of special rules for race meetings

   The commission may approve, on the application of a controlling body or an ARO, rules other than the approved rules for a race meeting, or for some races at a race meeting.

4. Special rules to be made available before a race meeting

   A person conducting a race meeting at which special rules will apply must ensure that any member of the public is able to obtain a copy of the rules—

   (a)from the time of publication of the relevant schedule under section 7—at the address specified in the schedule; and

   (b)on the day of the meeting—at the racecourse.

   Maximum penalty:  50 penalty units.

5. Application of special rules

   (1)Special rules apply in relation to—

   (a)the races or race meeting in relation to which they were approved; and

   (b)a person or animal participating in a race in relation to which they were approved.

   (2)For this section, where special rules are approved in relation to a race meeting, they are approved in relation to each race at that meeting.

Part 3Controlling bodies

Division 3.1               Controlling body for thoroughbred racing

1. Racing club is the controlling body for thoroughbred racing

   (1)The Canberra Racing Club Incorporated (the racing club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to thoroughbred racing for this Act.

   (2)The racing club must not amend its constitution without giving the commission 14 days notice in writing.

   (3)The constitution of the racing club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act.

2. Functions of the racing club

   (1)The functions of the racing club are—

   (a)to conduct thoroughbred race meetings and thoroughbred races within the Territory; and

   (b)to participate in the national body coordinating thoroughbred racing in Australia; and

   (c)to make or adopt rules to govern the conduct of thoroughbred racing and betting conducted at race meetings; and

   (d)to prepare and implement plans and strategies for the management of the financial affairs of the thoroughbred racing code and for the development, promotion and marketing of the code; and

   (e)to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and

   (f)to advise and inform the Minister as the Minister requires.

   (2)The racing club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to—

   (a)the registration of animals; or

   (b)the endorsement and recognition of disqualifications, licences, permits and defaulters; or

   (c)any other matter relating to the administration and control of racing.

   NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

3. Delegation by racing club

   The racing club may delegate its functions under this Act to a member, officer or employee of the racing club.

   NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

4. Racing club—reports and accounts

   The racing club must give the commission a copy of each report and statement of accounts that it gives to its members.

5. Rules of thoroughbred racing

   (1)The racing club may adopt the Australian Rules of Racing (as adopted by Racing Australia Limited and in force from time to time).

   (2)Subject to this Act, the racing club may make local rules in accordance with the Australian Rules of Racing.

   (3)Rules made or adopted by the racing club under this section are not subordinate laws under the Legislation Act.

6. Racing club—appointment of administrator

   (1)The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the racing club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution.

   NoteFor the making of appointments, see the Legislation Act, pt 19.3.

   (2)If the Minister acts under subsection (1), the Minister must ensure that, not later than 7 sitting days after the day the Minister takes the action—

   (a)the Legislative Assembly is told of the action; and

   (b)a copy of the commission’s advice is presented to the Assembly.

   (3)To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).

   (4)The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section.

Division 3.2               Controlling body for harness racing

1. Harness club is the controlling body for harness racing

   (1)The Canberra Harness Racing Club Inc. (the harness club), a body incorporated under the Associations Incorporation Act 1991, is the controlling body in relation to harness racing for this Act.

   (2)The harness club must not amend its constitution without giving the commission 14 days notice in writing.

   (3)The constitution of the harness club must be consistent with this Act and must give it the necessary capacity to fulfil its functions under this Act.

1. Functions of the harness club

   (1)The functions of the harness club are—

   (a)to conduct harness race meetings and harness races within the Territory; and

   (b)to participate in the national body coordinating harness racing in Australia; and

   (c)to make or adopt rules to govern the conduct of harness racing and betting conducted at race meetings; and

   (d)to prepare and implement plans and strategies for the management of the financial affairs of the harness racing code and for the development, promotion and marketing of the code; and

   (e)to approve race meetings to be conducted by other people, for the purpose of proposals under section 6, on such conditions as it thinks appropriate; and

   (f)to advise and inform the Minister as the Minister requires.

   (2)The harness club may, for the purpose of performing its functions and discharging its duties under this Act, enter into reciprocal arrangements with another controlling body or any corresponding body in relation to—

   (a)the registration of animals; or

   (b)the endorsement and recognition of disqualifications, licences, permits and defaulters; or

   (c)any other matter relating to the administration and control of racing.

   NoteA provision of a law that gives an entity (including a person) a function also gives the entity powers necessary and convenient to exercise the function (see Legislation Act, s 196 and dict, pt 1, def entity).

2. Delegation by harness club

   The harness club may delegate its functions under this Act to a member, officer or employee of the harness club.

   NoteFor the making of delegations and the exercise of delegated functions, see the Legislation Act, pt 19.4.

3. Harness club—reports and accounts

   The harness club must give the commission a copy of each report and statement of accounts that it gives to its members.

4. Rules of harness racing

   (1)Subject to this Act, the harness club may make rules for—

   (a)the regulation, control and promotion of the sport of harness racing; and

   (b)the conduct of harness race meetings and harness races within the Territory; and

   (c)betting conducted at harness race meetings.

   (2)The harness club may make rules consistent with those made by corresponding bodies in Australia in relation to harness racing.

   (3)Rules made by the harness club under this section are not subordinate laws under the Legislation Act.

5. Harness club—appointment of administrator

   (1)The Minister may, if advised to do so by the commission following an inquiry, suspend the appointments of the directors of the harness club and appoint an administrator to deal with its affairs until such time as new directors can conveniently be appointed in accordance with its constitution.

   NoteFor the making of appointments, see the Legislation Act, pt 19.3.

   (2)Where the Minister acts under this section, the Minister must ensure that—

   (a)the Legislative Assembly is informed of the action; and

   (b)a copy of the advice of the commission is presented to the Assembly;

   within 7 sitting days after the action.

   (3)To remove any doubt, the Legislation Act, division 19.3.3 does not apply to an appointment of an administrator under subsection (1).

   (4)The Legislation Act, section 254A (Delegation by Minister) does not apply to a function under this section.

Part 4Approved racing organisations

1. Approved racing organisations

   (1)The commission may approve, in accordance with this part, a racing organisation to be an approved racing organisation (an ARO).

   (2)An ARO may conduct race meetings consisting of races of the kinds specified in its instrument of approval for the purposes of betting.

   (3)The commission must not approve an ARO to conduct race meetings that include thoroughbred races.

2. Applications

   (1)An applicant for approval to be an ARO must—

   (a)be a body corporate; and

   (b)have the capacity—

   (i)to conduct and control race meetings for the purpose of betting; and

   (ii)ensure that races conducted by it will be conducted honestly and free from criminal influence; and

   (c)provide to the commission—

   (i)a copy of the rules under which it proposes to conduct race meetings (including a specification of the kinds of races); and

   (ii)the particulars of the racecourse or racecourses where it proposes to conduct race meetings; and

   (iii)such other information as the commission requires for the purpose of evaluating the application.

   (2)If the commission is satisfied that—

   (a)the applicant satisfies subsection (1) (a) and (b); and

   (b)the rules referred to in subsection (1) (c) (i) are satisfactory;

   the commission must approve an application unless it has determined by an inquiry that it would be against the public interest to do so.

   (3)An approval may be subject to such conditions as the commission thinks appropriate.

   (4)An approval under this section includes an approval of the rules referred to in subsection (1) (c) (i).

   (5)If the commission refuses an application, it must give the reasons for the decision in writing.

   (6)An applicant who is refused approval under subsection (3) on the ground that the commission is satisfied that it would be against the public interest may apply to the Minister for a review of the decision.

   (7)The Minister, on reviewing the decision, may direct the commission to grant approval to the applicant.

   (8)A direction by the Minister under subsection (7)—

   (a)is a disallowable instrument; and

   (b)takes effect, unless disallowed, at the end of the period during which it is disallowable.

   Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

3. Variation of conditions or approved rules

   (1)The commission may, on its own initiative or on the application of an ARO, add to or vary any conditions of approval under section 34 (3).

   (2)The commission may, on the application of an ARO, approve a change to the rules approved under section 34 (4).

   (3)In considering whether to act under this section, the commission must satisfy itself as to the matters referred to in section 34 (2), and may require the ARO to provide such information as it requires for that purpose.

4. Revocation of approval of AROs

   (1)If the commission is satisfied, following an inquiry, that an ARO no longer satisfies section 34 (1) (a) or (b), or has contravened a provision of this Act, it may revoke the organisation’s approval.

   (2)If the commission is satisfied that it is no longer in the public interest that an ARO be approved, it may direct the commission to revoke the organisation’s approval.

   (3)A direction by the commission under subsection (2)—

   (a)is a disallowable instrument; and

   (b)takes effect, unless disallowed, at the end of the period during which it is disallowable.

   Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

5. AROs must provide reports

   An ARO must provide the commission with a copy of each report or statement of accounts of the organisation provided to members or shareholders of the organisation.

Part 5The Racing Appeals Tribunal

Division 5.1               The tribunal

1. Establishment

   The Racing Appeals Tribunal is established.

2. Functions

   The functions of the tribunal are—

   (a)to hear and determine appeals; and

   (b)to exercise the functions given to the tribunal by this Act or another Act.

3. Membership

   (1)The tribunal must consist of—

   (a)a president; and

   (b)a deputy president; and

   (c)4 other members.

   (2)The appointment and conditions of office of members of the tribunal must be in accordance with schedule 1.

4. Constitution for appeals

   (1)For the purpose of hearing an appeal, the tribunal must be constituted, subject to subsection (2), by 3 members, of which 1 must be the president or deputy president.

   (2)If the president is satisfied that an appeal for hearing is of a sufficiently minor nature, the tribunal must be constituted as determined by the president.

   (3)The tribunal, separately constituted under this section, may sit simultaneously to determine separate matters.

5. Assessors

   (1)The tribunal may have assessors.

   (2)The president may direct that the tribunal, in hearing an appeal, must be assisted by 1 or more assessors.

   (3)An assessor assisting the tribunal may assist and advise the tribunal on any matter before it, but must not adjudicate on any matter.

   (4)The appointment and conditions of office of assessors must be in accordance with schedule 2.

6. Powers in relation to witnesses etc

   (1)The president, the deputy president or the registrar, may, by written notice given to a person, require the person to appear before the tribunal at a hearing, at a stated time and place, to do either or both of the following:

   (a)to give evidence;

   (b)to produce a stated document or other thing relevant to the hearing.

   (2)The member presiding at a hearing of the tribunal may require a witness appearing before the tribunal to give evidence to do 1 or more of the following:

   (a)to take an oath;

   (b)to answer a question relevant to the hearing;

   (c)to produce a stated document or other thing relevant to the hearing.

   Note 1Oath includes affirmation and take an oath includes make an affirmation (see Legislation Act, dict, pt 1).

   Note 2The Legislation Act, s 170 and s 171 deal with the application of the privilege against self-incrimination and client legal privilege.

   (3)The tribunal may inspect or make copies of any document or other thing produced before the tribunal and keep it for the reasonable period it considers appropriate.

7. Application of Criminal Code, ch 7

   An appeal before the tribunal is a legal proceeding for the Criminal Code, chapter 7 (Administration of justice offences).

   NoteThat chapter includes offences (eg perjury, falsifying evidence, failing to attend and refusing to be sworn) applying in relation to tribunal proceedings.

8. Rules of the tribunal

   (1)The tribunal may make rules (the rules of the tribunal ) for the procedure of the tribunal.

   (2)A rule made under this section is a disallowable instrument.

   Note A disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

9. Registrar of tribunal

   The chief executive officer must appoint a public servant as the registrar of the tribunal.

   Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

   Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

46AProtection from liability for tribunal members

(1)A tribunal member is not civilly liable for anything done or omitted to be done honestly and without recklessness—

(a)in the exercise of a function under this Act; or

(b)in the reasonable belief that the act or omission was in the exercise of a function under this Act.

(2)Any liability that would, apart from this section, attach to a tribunal member attaches instead to the Territory.

Division 5.2               Hearing of appeals

1. Jurisdiction

   (1)The tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body, an ARO or another person conducting a race meeting if—

   (a)the decision was made, or purported to be made, under the relevant approved rules or special rules; and

   (b)the decision—

   (i)disqualified or suspended a person or animal from participating in events governed by those rules in any particular capacity; or

   (ii)imposed a fine.

   (2)The tribunal has jurisdiction to hear and determine an appeal from a person aggrieved by a decision of a controlling body or an ARO that requires a person not to enter a racecourse or training track.

2. Appeals—filing

   An appeal mentioned in section 47 must be filed with the registrar not later than—

   (a)7 days after the day the appellant is told of the decision from which the appeal is made; or

   (b)if the tribunal allows the appeal to be filed by a later time—that time.

3. Suspension of decision pending hearing of the appeal

   The president or the deputy president of the tribunal may, if satisfied that it is appropriate to do so, order that the operation of the decision appealed against be suspended until the tribunal determines otherwise.

4. Parties

   The parties to an appeal are—

   (a)the appellant; and

   (b)the controlling body, ARO or other person whose decision is being appealed against; and

   (c)any other person who satisfies the tribunal that the person is directly affected by or interested in the subject matter of the appeal.

5. Notice of hearing

   (1)The tribunal must give a party to an appeal reasonable notice of the time and place at which it intends to hear the appeal.

   (2)If a party fails to appear at a hearing, in person or by a representative, the tribunal may hear the appeal in that party’s absence.

6. Representation

   A party to an appeal may be represented—

   (a)by a lawyer; or

   (b)with the leave of the tribunal, by some other representative.

7. Bond

   (1)An appeal must not be heard by the tribunal unless the appellant has first lodged with the registrar any bond required under the rules of the tribunal .

   (2)A bond paid by an appellant must not be refunded unless—

   (a)the tribunal allows the appeal in whole or in part; or

   (b)the appellant satisfies the tribunal that the appeal was genuinely instituted on reasonable grounds and not for the purpose of delaying the operation of the decision or order under appeal.

8. Hearings to be in public

   An appeal to the tribunal must be heard in public unless the tribunal, for good reason, determines otherwise.

9. Adjournments

   The tribunal may at any time adjourn the hearing of an appeal as it considers appropriate.

10. Record of proceedings

    The tribunal must keep a record of its proceedings.

11. Evidence

    (1)Except as otherwise determined by the tribunal, an appeal must be conducted by way of rehearing on the evidence at the original hearing, but the tribunal may receive fresh evidence given orally or, if the tribunal so determines, in writing.

    NoteIt is an offence to make a false or misleading statement, give false or misleading information or produce a false or misleading document (see Criminal Code, pt 3.4).

    (2)The tribunal may inform itself in any way it considers appropriate.

    (3)The tribunal must give each party to an appeal a reasonable opportunity to make submissions to the tribunal, to give evidence and to call, examine or cross-examine witnesses.

12. Procedure for decision by the tribunal

    (1)A decision by the tribunal must be made by a majority of the members present, with the senior member having a casting vote where there is no majority.

    (2)For this section, the president must determine the order of seniority of members of the tribunal.

13. Principles on which decisions made

    (1)The tribunal must act according to equity and good conscience and the substantial merits of the case without regard to technicalities and legal forms.

    (2)The tribunal is not bound by the rules of evidence and may inform itself on any matter as it considers appropriate.

14. Orders etc that may be made by the tribunal

    (1)The tribunal may, on the hearing of an appeal—

    (a)affirm, vary or quash the decision or order appealed against, or substitute, or make in addition, any decision or order that could have been made by the original decision-maker;

    (b)remit the subject matter of the appeal to the person or body that made the decision for further hearing or consideration; or

    (c)subject to subsection (2), make any other order that the case requires.

    (2)The tribunal may make an order as to costs if it considers that it would be unjust for each party to bear its own costs.

15. Decisions of tribunal final and binding

    A decision of the tribunal on an appeal is final and binding on the entities affected.

Part 5AJockeys accident insurance

61ADefinitions—pt 5A

In this part:

1987 NSW Act means the Workers Compensation Act 1987 (NSW).

1998 NSW Act means the Workplace Injury Management and Workers Compensation Act 1998 (NSW).

ACT jockey means a jockey, apprentice jockey or other person who is—

(a)licensed by Racing NSW as an approved rider; and

(b)engaged—

(i)to ride a horse for fee or reward at a meeting for horse racing conducted or held by the racing club; or

(ii)in riding work in connection with horse racing (but not harness racing) on the racecourse or other premises of the racing club.

applied NSW Acts means the NSW Acts applied under section 61B.

injury has the same meaning as in the applied NSW Acts.

NSW Acts means the 1987 NSW Act and the 1998 NSW Act, including the special insurance scheme for NSW jockeys under those Acts.

NoteA reference to a law (including a law of another jurisdiction) includes a reference to—

·     the law as originally made and as amended (see Legislation Act, s 102); and

·     the statutory instruments made or in force under the law (see Legislation Act, s 104).

NSW jockey means a jockey, apprentice jockey or other person who is—

(a)licensed by Racing NSW as an approved rider; and

(b)taken to be a worker under the NSW Acts because of the 1998 NSW Act, schedule 1, clause 9 (1) (a) or (c).

NoteThe 1998 NSW Act, schedule 1, clause 9 (1) (a) and (c) applies respectively to a person who is—

engaged to ride a horse for fee or reward at a meeting for horse racing conducted or held by a racing club or association; or

engaged in riding work in connection with horse racing (but not harness racing) on the racecourse or other premises of a racing club or association.

Racing NSW—see the Thoroughbred Racing Act 1996 (NSW), section 3 (Definitions).

special insurance scheme, for NSW jockeys, means the scheme under which Racing NSW provides accident insurance as a specialised insurer for NSW jockeys under the NSW Acts.

61BAccident insurance arrangements—authorisation

(1)This section applies if Racing NSW is a specialised insurer under the NSW Acts in relation to NSW jockeys.

(2)Racing NSW is authorised to provide accident insurance in relation to ACT jockeys.

(3)The authorisation under subsection (2) is for Racing NSW to act as a specialised insurer in the ACT—

(a)in the same way that it acts as a specialised insurer in NSW under the NSW Acts in relation to NSW jockeys; and

(b)as if the racing club were a racing club under those Acts.

(4)Without limiting subsections (2) and (3), the NSW Acts apply in the ACT for those subsections, with any necessary change and any change prescribed by regulation.

(5)In particular, a regulation made for subsection (4) may include changes for either or both of the following:

(a)excluding a provision of the applied NSW Acts;

(b)applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities.

61CAccident insurance arrangements—operation

(1)To remove any doubt—

(a)under the applied NSW Acts—

(i)an ACT jockey has the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that a NSW jockey would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and

(ii)the racing club and Racing NSW have the same rights and obligations (including rights and obligations in relation to common law damages) in relation to an injury suffered as an ACT jockey that they would have under the NSW Acts in relation to an injury suffered as a NSW jockey; and

(b)the applied NSW Acts do not create any right (whether substantive or procedural) in relation to an injury suffered as an ACT jockey that a NSW jockey would not have under the NSW Acts in relation to an injury suffered as a NSW jockey; and

(c)except as provided in paragraph (1) (a) (i), an ACT jockey is not entitled to recover damages for an injury suffered as an ACT jockey; and

(d)the Limitation Act 1985 does not apply to any claim for compensation or damages by an ACT jockey that is governed by the applied NSW Acts.

(2)Subsection (1) (a) and (b) has effect subject to any regulation made for this part, including a regulation made for—

(a)excluding a provision of the applied NSW Acts; or

(b)applying a territory law in relation to the operation of the applied NSW Acts, including by giving jurisdiction or functions to territory courts or entities.

61DNotices relating to accident insurance arrangements

(1)The Minister must prepare a notice if—

(a)Racing NSW becomes a specialised insurer in relation to ACT jockeys because of the grant of a licence under the 1987 NSW Act; or

(b)a licence mentioned in paragraph (a)—

(i)is suspended or cancelled; or

(ii)expires.

(2)The notice must state the following:

(a)for the grant of a licence—its duration;

(b)for the suspension of a licence—the period of suspension;

(c)for the cancellation or expiry of a licence—when the cancellation or expiry happened.

(3)A notice under this section is a notifiable instrument.

NoteA notifiable instrument must be notified under the Legislation Act.

Part 5BUse of race field information

Division 5B.1            Limits on use of race field information

61EDefinitions—pt 5B

In this part:

betting exchange—

(a)means a facility that allows a person—

(i)to place or accept, through the operator of the facility, a wager with another person; or

(ii)to place with the operator of the facility a wager that is matched with an opposing wager placed with the operator of the facility; but

(b)does not include a facility that allows a person to place a wager only with a person who conducts bookmaking or a totalisator.

licensed wagering operator means a wagering operator holding a licence or other authority to conduct a wagering business—

(a)under a law of the Territory, a State or an external territory; or

(b)issued by a controlling body, a corresponding body, or a racing authority of the Territory, a State or an external territory.

NoteState includes the Northern Territory—see the Legislation Act, dict, pt 1.

race field information means information in relation to an authorised race meeting in the ACT that identifies, or is capable of identifying, any of the following:

(a)the name, number or time of a race;

(b)the name or number of a horse nominated for, or otherwise taking part in, a race;

(c)the name or number of a horse scratched or otherwise withdrawn from a race;

(d)the name or number of a rider of a horse nominated for, or otherwise taking part in, a race;

(e)the name or number of a trainer of a horse nominated for, or otherwise taking part in, a race;

(f)the outcome of a race.

race field information charge—see section 61M (1).

racing authority, of the Territory, a State or an external territory, means an entity that controls, supervises or regulates racing in the ACT, State or external territory.

relevant controlling body means—

(a)for a thoroughbred race—the racing club; and

(b)for a harness race—the harness club; and

(c)for a race of a kind stated in an instrument of approval under section 33 (Approved racing organisations)—the ARO to which the instrument relates.

wagering operator means—

(a)a bookmaker; or

(b)a person who conducts a betting exchange; or

(c)a person who conducts a totalisator; or

(d)a person who otherwise conducts a wagering business; or

(e)a person who acts as an agent for a person mentioned in paragraph (a), (b), (c) or (d).

61FOffence—use of race field information without approval

A licensed wagering operator commits an offence if—

(a)the operator uses race field information, in the ACT or elsewhere, for the conduct of the operator’s wagering business; and

(b)the operator does not have approval to use race field information.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

61GOffence—failing to pay race field information charge

A licensed wagering operator commits an offence if—

(a)the operator has approval to use race field information in a financial year; and

(b)it is a condition of the approval that the operator pay a race field information charge; and

(c)the operator has not paid the race field information charge as required under this Act.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

61HOffence—failing to comply with condition on approval

A licensed wagering operator commits an offence if—

(a)the operator has approval to use race field information; and

(b)the operator does not comply with a condition on the approval imposed under section 61N.

Maximum penalty:  50 penalty units, imprisonment for 6 months or both.

61ICriminal liability of executive officers

(1)An executive officer of a corporation commits an offence if—

(a)the corporation commits a relevant offence; and

(b)the officer was reckless about whether the relevant offence would be committed; and

(c)the officer was in a position to influence the conduct of the corporation in relation to the commission of the relevant offence; and

(d)the officer failed to take reasonable steps to prevent the commission of the relevant offence.

Maximum penalty:  The maximum penalty that may be imposed for the commission of the relevant offence by an individual.

(2)In deciding whether the executive officer took (or failed to take) all reasonable steps to prevent the commission of the offence, a court must consider any action the officer took directed towards ensuring the following (to the extent that the action is relevant to the act or omission):

(a)that the corporation arranges regular professional assessments of the corporation’s compliance with the provision to which the relevant offence relates;

(b)that the corporation implements any appropriate recommendation arising from such an assessment;

(c)that the corporation’s employees, agents and contractors have a reasonable knowledge and understanding of the requirement to comply with the provision to which the relevant offence relates;

(d)any action the officer took when the officer became aware that the relevant offence was, or might be, about to be committed.

(3)Subsection (2) does not limit the matters the court may consider.

(4)Subsection (1) does not apply if the corporation would have a defence to a prosecution for the relevant offence.

NoteThe defendant has an evidential burden in relation to the matters mentioned in s (4) (see Criminal Code, s 58).

(5)This section applies whether or not the corporation is prosecuted for, or convicted of, the relevant offence.

(6)In this section:

executive officer, of a corporation, means a person, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

relevant offence means an offence against any of the following:

(a)section 4 (Restriction on races for the purpose of betting);

(b)section 8 (Race meetings to be conducted in compliance with conditions);

(c)section 61F (Offence—use of race field information without approval);

(d)section 61G (Offence—failing to pay race field information charge);

(e)section 61H (Offence—failing to comply with condition on approval).

Division 5B.2            Approval and conditions

61JApplication for approval to use race field information

(1)A person may apply to the relevant controlling body for approval to use race field information.

(2)An application for approval must be—

(a)made in the way and in the time required by the relevant controlling body; and

(b)accompanied by any information—

(i)required by the relevant controlling body; or

(ii)prescribed by regulation.

61KIssue of approval

(1)If a person applies for approval under section 61J the relevant controlling body must—

(a)issue the approval; or

(b)refuse to issue the approval.

(2)The relevant controlling body must not issue the approval unless—

(a)satisfied that the applicant is—

(i)a licensed wagering operator; and

(ii)a suitable person to hold an approval having regard to the matters mentioned in section 61L; and

(b)the relevant controlling body has considered or disregarded any matter prescribed by regulation.

Note 1An approval is subject to certain conditions and may be subject to other conditions imposed by the relevant controlling body (see s 61M and s 61N).

Note 2In issuing an approval, and imposing conditions on the approval, a relevant controlling body is subject to the Australian Capital Territory (Self-Government) Act 1988 (Cwlth), s 69 (Trade and commerce to be free).

61LSuitable person

(1)In deciding whether an applicant is a suitable person to hold an approval the relevant controlling body must have regard to the following matters:

(a)the applicant’s character or business reputation;

(b)the applicant’s current financial position and financial background;

(c)if the applicant has a business association with another entity—

(i)the other entity’s character or business reputation; and

(ii)the other entity’s current financial position and financial background;

(d)if the applicant is a corporation—

(i)the character or business reputation of the corporation’s executive officers; and

(ii)the current financial position and financial background of the corporation’s executive officers;

(e)whether a prosecution or disciplinary action is proceeding under racing, gaming or wagering legislation or rules of racing or betting (whether in the Territory or elsewhere) against—

(i)the applicant; or

(ii)an employee of the applicant; or

(iii)an entity with which the applicant has a business  association;

(f)a matter prescribed by regulation.

(2)In deciding whether an applicant is a suitable person to hold an approval the relevant controlling body may have regard to any other relevant matter.

(3)In this section:

executive officer, of a corporation, means anyone, by whatever name called and whether or not the person is a director of the corporation, who is concerned with, or takes part in, the corporation’s management.

61MCondition on approval—race field information charge

(1)An approval issued under section 61K, or a renewal issued under section 61Q, is subject to a condition that the licensed wagering operator pay the amount (if any) (a race field information charge)—

(a)stated in the approval or other written notice given to the licensed wagering operator by the relevant controlling body; or

(b)worked out in the way stated in the approval or other written notice given to the licensed wagering operator by the relevant controlling body.

(2)A regulation may prescribe requirements in relation to the way a relevant controlling body determines a race field information charge, including the maximum amount of the charge that may be imposed on a licensed wagering operator.

(3)A race field information charge is a debt due by a licensed wagering operator to the relevant controlling body.

61NOther conditions of approval

An approval issued under section 61K, or a renewal issued under section 61Q—

(a)is subject to the conditions prescribed by regulation; and

(b)may be subject to any other condition imposed by the relevant controlling body.

61OForm of approval

An approval to use race field information must include the following:

(a)the name and business address of the licensed wagering operator;

(b)the date of issue of the approval;

(c)the end date of the approval;

(d)any condition imposed on the approval under section 61N;

(e)an identifying number for the approval.

61PRenewal of approval

(1)A licensed wagering operator may apply to the relevant controlling body to renew an approval to use race field information—

(a)before the approval term ends; or

(b)if the relevant controlling body extends the time for an application to renew—before the end of the extended time.

(2)To remove any doubt, if the relevant controlling body extends the time under subsection (1) (b), the approval continues until the end of the extended time.

(3)An application for renewal of an approval must be—

(a)made in the way and in the time required by the relevant controlling body; and

(b)accompanied by any information—

(i)required by the relevant controlling body; or

(ii)prescribed by regulation.

61QIssue of renewed approval

(1)If a licensed wagering operator applies under section 61P to renew an approval, the relevant controlling body must—

(a)renew the approval; or

(b)refuse to renew the approval.

(2)The relevant controlling body must not renew the approval unless—

(a)satisfied that the applicant is—

(i)a licensed wagering operator; and

(ii)a suitable person to hold an approval having regard to the matters mentioned in section 61L; and

(b)the relevant controlling body has considered or disregarded any matter prescribed by regulation.

NoteA renewal is subject to certain conditions and may be subject to other conditions imposed by the relevant controlling body (see s 61M and s 61N).

61RRevocation of approval

The relevant controlling body may revoke the approval of a licensed wagering operator if the operator—

(a)fails to comply with a condition on the approval; or

(b)stops being a suitable person to hold an approval having regard to the matters mentioned in section 61L; or

(c)stops being a licensed wagering operator; or

(d)contravenes a provision of this part.

Division 5B.3            Other matters

61URelevant controlling body may appoint agent

A relevant controlling body may appoint another relevant controlling body as its agent for—

(a)the collection of a charge payable under this part; and

(b)any other matter provided for in this part.

61VRelevant controlling bodies must give report on race field information charge revenue

(1)A relevant controlling body must, for each financial year, give the Minister a written report on—

(a)the total amount of race field information charges paid to the relevant controlling body in the financial year; and

(b)an estimate of the race field information charges that the relevant controlling body expects will be paid to the body in the following financial year; and

(c)any other matter prescribed by regulation.

(2)A regulation may prescribe requirements for a report under subsection (1), including when the report must be given to the Minister.

61WConfidentiality of personal information

(1)This section applies to a relevant controlling body if neither of the following applies to the body:

(a)the Information Privacy Act 2014, schedule 1 (Territory privacy principles) (the TPPs);

(b)the Privacy Act 1988 (Cwlth), schedule 1 (Australian Privacy Principles) (the APPs).

(2)The APPs, as in force from time to time, apply to the relevant controlling body as if—

(a)the body were an organisation; and

(b)any other necessary changes were made to apply the APPs to the body.

(3)The Legislation Act, section 47 (6) does not apply in relation to the APPs.

NoteThe APPs do not need to be notified under the Legislation Act because s 47 (6) does not apply (see Legislation Act, s 47 (7)). The APPs are accessible at for Competition and Consumer Act and Competition Code

(1)The following things are authorised for the Competition and Consumer Act 2010 (Cwlth) and the Competition Code:

(a)an agreement entered into between—

(i)2 or more relevant controlling bodies in relation to the appointment of an agent (an appointed agent), or the collection by an agent of a charge payable under this part; or

(ii)1 or more relevant controlling bodies and any corresponding body of another State or external territory in relation to the appointment of an agent (an appointed agent), or the collection by an agent of a charge payable under this part for the use of  race field information;

(b)the conduct of a relevant controlling body or an appointed agent in negotiating and entering into the agreement;

(c)the conduct of a relevant controlling body or an appointed agent in performing the agreement.

(2)Anything authorised under subsection (1) is authorised only to the extent to which it would otherwise contravene the Competition and Consumer Act 2010 (Cwlth) or the Competition Code.

(3)In this section:

agreement includes a contract, arrangement or understanding.

Competition Code—see the Competition Policy Reform Act 1996, dictionary.

Part 6Notification and review of decisions

1. Meaning of reviewable decision—pt 6

   In this part:

   reviewable decision means a decision of the commission mentioned in schedule 3, column 3 under a provision of this Act mentioned in column 2 in relation to the decision.

2. Reviewable decision notices

   If a person makes a reviewable decision, the person must give a reviewable decision notice to each entity mentioned in schedule 3, column 4 in relation to the decision.

   Note 1The person must also take reasonable steps to give a reviewable decision notice to any other person whose interests are affected by the decision (see ACT Civil and Administrative Tribunal Act 2008, s 67A).

   Note 2The requirements for reviewable decision notices are prescribed under the ACT Civil and Administrative Tribunal Act 2008.

3. Applications for review

   The following people may apply to the ACAT for review of a reviewable decision:

   (a)an entity mentioned in schedule 3, column 4 in relation to the decision;

   (b)any other person whose interests are affected by the decision.

   NoteIf a form is approved under the ACT Civil and Administrative Tribunal Act 2008 for the application, the form must be used.

Part 7Miscellaneous

1. Regulation-making power

   (1)The Executive may make regulations for this Act.

   Note Regulations must be notified, and presented to the Legislative Assembly, under the Legislation Act.

   (2)The regulations may—

   (a)specify the manner in which a controlling body is to fulfil its functions under this Act;

   (b)provide in relation to the operations and functions of the tribunal; and

   (c)limit the jurisdiction of the tribunal in relation to any of the approved or special rules by excluding appeals in relation to—

   (i)fines of less than an amount specified; or

   (ii)suspensions shorter than a length of time specified.

1. Determination of fees

   (1)The Minister may determine fees for this Act.

   NoteThe Legislation Act contains provisions about the making of determinations and regulations relating to fees (see pt 6.3).

   (2)A determination is a disallowable instrument.

   NoteA disallowable instrument must be notified, and presented to the Legislative Assembly, under the Legislation Act.

Schedule 1Members of the tribunal

(see s 40)

1.1Tribunal members—appointment

(1)Members of the tribunal are to be appointed by the Minister.

Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

(2)The president and deputy president must be lawyers of not less than 5 years standing.

(3)A person is not eligible to be a member of the tribunal if the person is—

(a)an officer or employee of a controlling body; 

(b)registered with or licensed by a controlling body under the approved rules (otherwise than as the owner of a horse that is so registered or licensed); or

(c)registered with or licensed by a corresponding body (otherwise than as the owner of a horse that is so registered or licensed), if the registration or licence is of a kind recognised by a controlling body for the approved rules.

NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

(4)A regulation may prescribe other eligibility requirements for subsection (3).

1.3Tribunal members—term

A member of the tribunal must be appointed for a term not longer than 3 years.

1.4Tribunal members—ending of appointment

(1)The Minister must end the appointment of a member of the tribunal if the member—

(a)ceases to be eligible for membership in the relevant capacity; or

(b)becomes bankrupt or personally insolvent; or

NoteBankrupt or personally insolvent—see the Legislation Act, dictionary, pt 1.

(c)fails to disclose an interest as required by section 1.7.

(2)The Minister may end the appointment of a member of the tribunal for misbehaviour or physical or mental incapacity.

NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

1.6Tribunal members—leave of absence

The Minister may grant a member of the tribunal leave of absence on the terms and conditions about remuneration and otherwise that the Minister decides.

1.7Tribunal members—disclosure of interests

(1)This section applies if a member has or acquires an interest that could conflict with the member’s proper exercise of their functions as a member of the tribunal as constituted for a hearing.

(2)A member must tell the president when it becomes apparent that this section applies in relation to the member.

(3)As far as is reasonably possible, the tribunal must be constituted or reconstituted for the hearing so that the member concerned is not involved.

(4)If circumstances require the member to be, or remain, on the tribunal as constituted for the hearing—

(a)the member must disclose the interest to the parties; and

(b)the member must not take part in the hearing, or exercise any powers in relation to it, except with the consent of all the parties.

Schedule 2Assessors of the tribunal

(see s 42)

2.1Assessors—appointment

Assessors are to be appointed by the Minister from among people who the Minister is satisfied have special knowledge of or experience in the racing industry.

Note 1For the making of appointments (including acting appointments), see the Legislation Act, pt 19.3.

Note 2In particular, an appointment may be made by naming a person or nominating the occupant of a position (see Legislation Act, s 207).

Note 3Certain Ministerial appointments require consultation with an Assembly committee and are disallowable (see Legislation Act, div 19.3.3).

2.2Assessors—term

An assessor must be appointed for a term not longer than 3 years.

NoteA person may be reappointed to a position if the person is eligible to be appointed to the position (see Legislation Act, s 208 and dict, pt 1, def appoint).

2.3Assessors—ending of appointments

(1)The Minister must end the appointment of an assessor if the assessor fails to disclose an interest as required by section 2.5.

(2)The Minister may end the appointment of an assessor for misbehaviour or physical or mental incapacity.

NoteA person’s appointment also ends if the person resigns (see Legislation Act, s 210).

2.5Assessors—disclosure of interests

An assessor—

(a)must tell the president if it becomes apparent that the assessor has or has acquired an interest that could conflict with the assessor’s proper exercise of their functions as assessor of the tribunal in a hearing; and

(b)must not take part in the hearing.

Schedule 3Reviewable decisions

(see pt 6)

column 1 item	column 2 section	column 3 decision	column 4 entity
1	6 (1)	refuse to approve race meeting for purpose of betting	applicant for approval
2	7 (2)	impose requirement about time and form of publication of schedules	controlling body or ARO
3	9	refuse to approve conduct of phantom race meeting	applicant for approval
4	12	refuse to approve rules other than approved rules	applicant for approval
5	61K (1) (b)	refuse to issue approval	applicant for approval
6	61N (b)	issue approval on condition	applicant for approval
7	61N (b)	renew approval on condition	licensed wagering operator
8	61Q (1) (b)	refuse to renew approval	licensed wagering operator
9	61R	revoke approval	the person whose approval was revoked

Dictionary

(see s 2)

Note 1The Legislation Act contains definitions and other provisions relevant to this Act.

Note 2For example, the Legislation Act, dict, pt 1, defines the following terms:

·ACAT

·entity

·external territory

·gambling and racing commission

·GST

·Legislative Assembly

·Minister (see s 162)

·penalty unit (see s 133)

·     reviewable decision notice

·sitting day

·State.

1987 NSW Act, for part 5A (Jockeys accident insurance)—see section 61A.

1998 NSW Act, for part 5A (Jockeys accident insurance)—see section 61A.

ACT jockey, for part 5A (Jockeys accident insurance)—see section 61A.

applied NSW Acts, for part 5A (Jockeys accident insurance)—see section 61A.

approved rules means—

(a)in relation to the racing club—the rules of thoroughbred racing; and

(b)in relation to the harness club—the rules of harness racing; and

(c)in relation to an ARO—the rules approved under section 34 (4) in relation to the ARO, or as later varied under section 35 (2).

ARO means an approved racing organisation approved under section 33.

authorised race meeting means a race meeting—

(a)conducted by a controlling body or an ARO in accordance with this Act; or

(b)approved by the commission under section 6;

and listed in a schedule published in accordance with section 7.

betting exchange, for part 5B (Use of race field information)—see section 61E.

chief executive officer means the chief executive officer of the gambling and racing commission.

commission means the Gambling and Racing Commission established by the Gambling and Racing Control Act 1999.

controlling body means—

(a)the racing club; or

(b)the harness club.

corresponding body means a body in another jurisdiction, within or outside Australia, that performs functions similar to those of a controlling body.

deputy president means the deputy president of the tribunal referred to in section 40.

director, in relation to a controlling body, means a person occupying or acting in the position of a director of the body, by whatever name called.

harness club means the Canberra Harness Racing Club Inc. referred to in section 21.

injury, for part 5A (Jockeys accident insurance)—see section 61A.

inquiry, in relation to the commission, means an inquiry conducted by the commission in accordance with the Gambling and Racing Control Act 1999.

licensed racecourse—see section 5.

licensed wagering operator, for part 5B (Use of race field information)—see section 61E.

NSW Acts, for part 5A (Jockeys accident insurance)—see section 61A.

NSW jockey, for part 5A (Jockeys accident insurance)—see section 61A.

president means the president of the tribunal referred to in section 40.

race means—

(a)a thoroughbred race; or

(b)a harness race; or

(c)a race of a kind prescribed by regulation.

race field information, for part 5B (Use of race field information)—see section 61E.

race field information charge, for part 5B (Use of race field information)—see section 61M (1).

race meeting means an event at which races are conducted.

racing authority, for part 5B (Use of race field information)—see section 61E.

racing club means the Canberra Racing Club Incorporated mentioned in section 15.

Racing NSW, for part 5A (Jockeys accident insurance)—see the Thoroughbred Racing Act 1996 (NSW), section 3.

registrar means the registrar of the tribunal appointed under section 46.

relevant controlling body, for part 5B (Use of race field information)—see section 61E.

reviewable decision, for part 6 (Notification and review of decisions)—see section 62.

rules of harness racing means the rules made under section 25.

rules of the tribunal means the rules of procedure made under section 45.

rules of thoroughbred racing means the rules made or adopted under section 19.

special insurance scheme, for NSW jockeys, for part 5A (Jockeys accident insurance)—see section 61A.

special rules means rules of racing or betting approved under section 12.

tribunal means the Racing Appeals Tribunal established under part 5.

wagering operator, for part 5B (Use of race field information)—see section 61E.

Endnotes

1. About the endnotes

   Amending and modifying laws are annotated in the legislation history and the amendment history.  Current modifications are not included in the republished law but are set out in the endnotes.

   Not all editorial amendments made under the Legislation Act 2001, part 11.3 are annotated in the amendment history. Full details of any amendments can be obtained from the Parliamentary Counsel’s Office.

   Uncommenced amending laws are not included in the republished law.  The details of these laws are underlined in the legislation history.  Uncommenced expiries are underlined in the legislation history and amendment history.

   If all the provisions of the law have been renumbered, a table of renumbered provisions gives details of previous and current numbering. 

   The endnotes also include a table of earlier republications.

2. Abbreviation key

A = Act	NI = Notifiable instrument
AF = Approved form	o = order
am = amended	om = omitted/repealed
amdt = amendment	ord = ordinance
AR = Assembly resolution	orig = original
ch = chapter	par = paragraph/subparagraph
CN = Commencement notice	pres = present
def = definition	prev = previous
DI = Disallowable instrument	(prev...) = previously
dict = dictionary	pt = part
disallowed = disallowed by the Legislative	r = rule/subrule
Assembly	reloc = relocated
div = division	renum = renumbered
exp = expires/expired	R[X] = Republication No
Gaz = gazette	RI = reissue
hdg = heading	s = section/subsection
IA = Interpretation Act 1967	sch = schedule
ins = inserted/added	sdiv = subdivision
LA = Legislation Act 2001	SL = Subordinate law
LR = legislation register	sub = substituted
LRA = Legislation (Republication) Act 1996	underlining = whole or part not commenced
mod = modified/modification	or to be expired

1. Legislation history

   Racing Act 1999 A1999-1

   notified 26 February 1999 (Gaz 1999 No S7)
   s 1, s 2 commenced 26 February 1999 (s 2 (1))
   remainder commenced 2 July 2001 (s 2 (2), Gaz 2001 No S42 and IA s 10C)

   as amended by

   Gambling and Racing Control (Consequential Provisions) Act 1999 A1999-47 sch

   notified 17 September 1999 (Gaz 1999 No S54)
   s 1, s 2 commenced 17 September 1999 (s 2 (1))
   sch commenced 1 December 1999 (s 2 (2) and Gaz 1999 No S63)

   Legislation (Consequential Amendments) Act 2001 A2001-44 pt 319

   notified 26 July 2001 (Gaz 2001 No 30)
   s 1, s 2 commenced 26 July 2001 (IA s 10B)
   pt 319 commenced 12 September 2001 (s 2 and see Gaz 2001 No S65)

   Statute Law Amendment Act 2003 (No 2) A2003-56 sch 3 pt 3.21

   notified LR 5 December 2003
   s 1, s 2 commenced 5 December 2003 (LA s 75 (1))
   sch 3 pt 3.21 commenced 19 December 2003 (s 2)

   Annual Reports Legislation Amendment Act 2004 A2004-9 sch 1 pt 1.29

   notified LR 19 March 2004
   s 1, s 2 commenced 19 March 2004 (LA s 75 (1))
   sch 1 pt 1.29 commenced 13 April 2004 (s 2 and CN2004-5)

   Criminal Code (Administration of Justice Offences) Amendment Act 2005 A2005-53 sch 1 pt 1.26

   notified LR 26 October 2005
   s 1, s 2 commenced 26 October 2005 (LA s 75 (1))
   sch 1 pt 1.26 commenced 23 November 2005 (s 2)

   Racing (Jockeys Accident Insurance) Amendment Act 2006 A2006-7

   notified LR 16 March 2006
   s 1, s 2 commenced 16 March 2006 (LA s 75 (1))

   remainder commenced 17 March 2006 (s 2)

   Statute Law Amendment Act 2006 A2006-42 sch 3 pt 3.19

   notified LR 26 October 2006
   s 1, s 2 taken to have commenced 12 November 2005 (LA s 75 (2))
   sch 3 pt 3.19 commenced 16 November 2006 (s 2 (1))

   ACT Civil and Administrative Tribunal Legislation Amendment Act 2008 (No 2) A2008-37 sch 1 pt 1.86

   notified LR 4 September 2008
   s 1, s 2 commenced 4 September 2008 (LA s 75 (1))
   sch 1 pt 1.86 commenced 2 February 2009 (s 2 (1) and see ACT Civil and Administrative Tribunal Act 2008 A2008-35, s 2 (1) and CN2009-2)

   Statute Law Amendment Act 2009 A2009-20 sch 3 pt 3.62

   notified LR 1 September 2009
   s 1, s 2 commenced 1 September 2009 (LA s 75 (1))
   sch 3 pt 3.62 commenced 22 September 2009 (s 2)

   Racing Amendment Act 2009 A2009-53

   notified LR 15 December 2009
   s 1, s 2 commenced 15 December 2009 (La s 75 (1))
   remainder commenced 1 March 2010 (s 2)

   Fair Trading (Australian Consumer Law) Amendment Act 2010 A2010‑54 sch 3 pt 3.20

   notified LR 16 December 2010
   s 1, s 2 commenced 16 December 2010 (LA s 75 (1))
   sch 3 pt 3.20 commenced 1 January 2011 (s 2 (1))

   Statute Law Amendment Act 2011 A2011-3 sch 1 pt 1.5

   notified LR 22 February 2011
   s 1, s 2 commenced 22 February 2011 (LA s 75 (1))

   sch 1 pt 1.5 commenced 1 March 2011 (s 2)

   Administrative (One ACT Public Service Miscellaneous Amendments) Act 2011 A2011-22 sch 1 pt 1.129

   notified LR 30 June 2011
   s 1, s 2 commenced 30 June 2011 (LA s 75 (1))

   sch 1 pt 1.129 commenced 1 July 2011 (s 2 (1))

   Racing Amendment Act 2013 A2013-1

   notified LR 20 February 2013
   s 1, s 2 commenced 20 February 2013 (LA s 75 (1))
   remainder commenced 1 March 2013 (s 2 and CN2013-1)

   Directors Liability Legislation Amendment Act 2013 A2013-4 sch 1 pt 1.7

   notified LR 21 February 2013
   s 1, s 2 commenced 21 February 2013 (LA s 75 (1))
   sch 1 pt 1.7 commenced 22 February 2013 (s 2)

   as modified by

   Racing (Race Field Information) Regulation 2010 SL2010-3 s 20, sch 1 (as am by SL2013-3 s 4, s 5)

   notified LR 25 January 2010
   s 1, s 2 commenced 25 January 2010
   remainder commenced 1 March 2010 (s 2 and see Racing Amendment Act 2009 A2009-53 s 2)

   Racing (Race Field Information) Amendment Regulation 2013 (No 1) SL2013‑3

   notified LR 28 February 2013
   s 1, s 2 commenced 28 February 2013
   remainder commenced 1 March 2013 (s 2 and see Racing Amendment Act 2013 A2013-1, s 2 and CN2013-1)

   NoteThis regulation only amends the Racing (Race Field Information) Regulation 2010 SL2010-3.

   Justice and Community Safety Legislation Amendment Act 2014 (No 2) A2014‑49 sch 1 pt 1.13

   notified LR 10 November 2014
   s 1, s 2 commenced 10 November 2014 (LA s 75 (1))

   sch 1 pt 1.13 commenced 17 November 2014 (s 2)

   Red Tape Reduction Legislation Amendment Act 2016 A2016‑18 sch 3 pt 3.38

   notified LR 13 April 2016
   s 1, s 2 commenced 13 April 2016 (LA s 75 (1))

   sch 3 pt 3.38 commenced 27 April 2016 (s 2)

   Gaming and Racing (Red Tape Reduction) Legislation Amendment Act 2016 A2016-45 pt 6

   notified LR 19 August 2016
   s 1, s 2 commenced 19 August 2016 (LA s 75 (1))
   pt 6 commenced 1 September 2016 (s 2 (1))

   Racing (Greyhounds) Amendment Act 2017 A2017-43 pt 2

   notified LR 5 December 2017
   s 1, s 2 commenced 5 December 2017 (LA s 75 (1))
   pt 2 commenced 30 April 2018 (s 2)

   Statute Law Amendment Act 2022 A2022-14 sch 3 pt 3.35

   notified LR 10 August 2022
   s 1, s 2 commenced 10 August 2022 (LA s 75 (1))
   sch 3 pt 3.35 commenced 24 August 2022 (s 2)

2. Amendment history

   Long title

   long titleam A2017-43 s 4

   Name of Act

   s 1sub A2003‑56 amdt 3.179

   Dictionary

   s 2om A2001‑44 amdt 1.3513

   ins A2003‑56 amdt 3.181

   Notes

   s 3defs reloc to dict A2003‑56 amdt 3.180

   def penalty unit om A2001‑44 amdt 1.3514

   sub A2003‑56 amdt 3.181

   Licensed racecourses

   s 5am A1999‑47 sch; A2003‑56 amdt 3.182; ss renum R2 LA (see A2003‑56 amdt 3.183)

   Approval of betting at certain race meetings

   s 6am A1999‑47 sch

   Schedules of race meetings

   s 7am A1999‑47 sch

   Phantom meetings

   s 9am A1999‑47 sch

   Application of approved rules  of a controlling body

   s 10am A1999‑47 sch

   Application of approved rules  of an ARO

   s 11am A1999‑47 sch

   Approval of special rules for race meetings

   s 12am A1999‑47 sch

   Racing club is the controlling body for thoroughbred racing

   s 15am A1999‑47 sch; A2017-43 s 5

   Functions of the racing club

   s 16am A2003‑56 amdt 3.184; A2006‑42 amdt 3.175; A2022‑14 amdt 3.196

   Delegation by racing club

   s 17sub A2003‑56 amdt 3.185

   Racing club—reports and accounts

   s 18 hdgsub A2006‑42 amdt 3.153

   s 18am A1999‑47 sch

   Rules of thoroughbred racing

   s 19am A2001‑44 amdt 1.3515; A2016‑45 s 68

   Racing club—appointment of administrator

   s 20 hdgsub A2006‑42 amdt 3.154

   s 20am A1999‑47 sch; A2006‑42 amdt 3.155, amdt 3.156, amdt 3.174; A2008‑37 amdt 1.409; A2009‑20 amdt 3.169

   Harness club is the controlling body for harness racing

   s 21am A1999‑47 sch

   Functions of the harness club

   s 22am A2003‑56 amdt 3.186; A2006‑42 amdt 3.175; A2022‑14 amdt 3.196

   Delegation by harness club

   s 23sub A2003‑56 amdt 3.187

   Harness club—reports and accounts

   s 24 hdgsub A2006‑42 amdt 3.157

   s 24am A1999‑47 sch

   Rules of harness racing

   s 25am A2001‑44 amdt 1.3516

   Harness club—appointment of administrator

   s 26 hdgsub A2006‑42 amdt 3.158

   s 26am A1999‑47 sch; A2006‑42 amdt 3.159, amdt 3.160, amdt 3.174; A2008‑37 amdt 1.410; A2022‑14 amdt 3.196

   Controlling body for greyhound racing

   div 3.3 hdgom A2017-43 s 6

   Greyhound club is the controlling body for greyhound racing

   s 27am A1999‑47 sch

   om A2017-43 s 6

   Functions of the greyhound club

   s 28am A2003‑56 amdt 3.188; A2006‑42 amdt 3.175

   om A2017-43 s 6

   Delegation by greyhound club

   s 29sub A2003‑56 amdt 3.189

   om A2017-43 s 6

   Greyhound club—reports and accounts

   s 30 hdgsub A2006‑42 amdt 3.161

   s 30am A1999‑47 sch

   om A2017-43 s 6

   Rules of greyhound racing

   s 31am A2001‑44 amdt 1.3517

   om A2017-43 s 6

   Greyhound club—appointment of administrator

   s 32 hdgsub A2006‑42 amdt 3.162

   s 32am A1999‑47 sch; A2006‑42 amdt 3.163, amdt 3.164, amdt 3.174; A2008‑37 amdt 1.411

   om A2017-43 s 6

   Approved racing organisations

   s 33am A1999‑47 sch

   Applications

   s 34am A1999‑47 sch

   am A2001‑44 amdt 1.3518, amdt 1.3519

   Variation of conditions or approved rules

   s 35am A1999‑47 sch

   Revocation of approval of AROs

   s 36am A1999‑47 sch

   am A2001‑44 amdt 1.3520, amdt 1.3521

   AROs must provide reports

   s 37am A1999‑47 sch

   Functions

   s 39am A2003‑56 amdt 3.190

   Powers in relation to witnesses etc

   s 43am A2003‑56 amdt 3.191

   sub A2005‑53 amdt 1.131

   Application of Criminal Code, ch 7

   s 44sub A2005‑53 amdt 1.131

   Rules of the Tribunal

   s 45am A2001‑44 amdt 1.3512

   Registrar of tribunal

   s 46sub A2006‑42 amdt 3.165

   (2)-(4) exp 16 November 2007 (s 46 (4) (LA s 88 declaration applies))

   am A2011‑22 amdt 1.371

   Protection from liability for tribunal members

   s 46Ains A2006‑42 amdt 3.166

   Appeals—filing

   s 48sub A2009‑20 amdt 3.170

   Representation

   s 52am A2003‑56 amdt 3.192

   Evidence

   s 57am A2016‑18 amdt 3.177, amdt 3.178

   Jockeys accident insurance

   pt 5A hdgins A2006‑7 s 4

   Decisions of the tribunal final and binding

   s 61am A2006‑42 amdt 3.167

   Definitions—pt 5A

   s 61Ains A2006‑7 s 4

   def 1987 NSW Act ins A2006‑7 s 4

   def 1998 NSW Act ins A2006‑7 s 4

   def ACT jockey ins A2006‑7 s 4

   def applied NSW Acts ins A2006‑7 s 4

   def injury ins A2006‑7 s 4

   def NSW Acts ins A2006‑7 s 4

   def NSW jockey ins A2006‑7 s 4

   def Racing NSW ins A2006‑7 s 4

   def special insurance scheme ins A2006‑7 s 4

   Accident insurance arrangements—authorisation

   s 61Bins A2006‑7 s 4

   Accident insurance arrangements—operation

   s 61Cins A2006‑7 s 4

   Notices relating to accident insurance arrangements

   s 61Dins A2006‑7 s 4

   Use of race field information

   pt 5B hdgins A2009‑53 s 4

   Limits on use of race field information

   div 5B.1 hdgins A2009‑53 s 4

   Definitions—pt 5B

   s 61Eins A2006‑7 s 4

   exp 17 March 2009 (s 61E (2) (LA s 88 declaration applies))

   ins A2009‑53 s 4

   def assessable turnover ins A2009‑53 s 4

   om A2013-1 s 4

   def bet back ins A2009‑53 s 4

   om A2013-1 s 4

   def bets held on races conducted in the ACT ins A2009‑53 s 4

   om A2013-1 s 4

   def bets paid ins A2009‑53 s 4

   om A2013-1 s 4

   def betting exchange ins A2009‑53 s 4

   def licensed wagering operator ins A2009‑53 s 4

   def race field information ins A2009‑53 s 4

   am A2017-43 s 7

   def race field information charge ins A2013-1 s 5

   def racing authority ins A2009‑53 s 4

   def relevant controlling body ins A2013-1 s 5

   am A2017-43 s 8

   def relevant net revenue ins A2009‑53 s 4

   om A2013-1 s 6

   def wagering operator ins A2009‑53 s 4

   Offence—use of race field information without approval

   s 61Fins A2009‑53 s 4

   Offence—failing to pay race field information charge

   s 61Gins A2009‑53 s 4

   am A2013-1 s 7

   Offence—failing to comply with condition on approval

   s 61Hins A2009‑53 s 4

   am A2013-1 s 8

   Criminal liability of executive officers

   s 61Iins A2009‑53 s 4

   sub A2013-4 amdt 1.8

   Approval and conditions

   div 5B.2 hdgins A2009‑53 s 4

   Application for approval to use race field information

   s 61Jins A2009‑53 s 4

   sub A2013-1 s 9

   Issue of approval

   s 61Kins A2009‑53 s 4

   am A2013-1 s 10, s 11

   Suitable person

   s 61Lins A2009‑53 s 4

   am A2013-1 ss 12-14

   Condition on approval—race field information charge

   s 61Mins A2009‑53 s 4

   sub A2013-1 s 15

   Other conditions of approval

   s 61Nins A2009‑53 s 4

   am A2013-1 s 16

   Form of approval

   s 61Oins A2009‑53 s 4

   Renewal of approval

   s 61Pins A2009‑53 s 4

   sub A2013-1 s 17

   Issue of renewed approval

   s 61Qins A2009‑53 s 4

   am A2013-1 s 18, s 19

   Revocation of approval

   s 61Rins A2009‑53 s 4

   am A2013-1 s 20

   Other matters

   div 5B.3 hdgins A2009‑53 s 4

   sub A2013-1 s 21

   Liability to pay race field information charge

   s 61Sins A2009‑53 s 4

   om A2013-1 s 22

   Setting a race field information charge

   s 61Tins A2009‑53 s 4

   om A2013-1 s 22

   Relevant controlling body may appoint agent

   s 61Uins A2009‑53 s 4

   sub A2013-1 s 23

   Relevant controlling bodies must give report on race field information charge revenue

   s 61Vins A2009‑53 s 4

   sub A2013-1 s 24

   Confidentiality of personal information

   s 61Wins A2009‑53 s 4

   sub A2013-1 s 25

   am A2014‑49 amdt 1.29, amdt 1.30; A2022‑14 amdt 3.197

   Authorisations for Competition and Consumer Act and Competition Code

   s 61X hdgam A2010‑54 amdt 3.48

   s 61Xins A2009‑53 s 4

   am A2010‑54 amdt 3.49; A2013-1 s 26, s 27

   Notification and review of decisions

   pt 6 hdgsub A2008‑37 amdt 1.412

   Meaning of reviewable decision—pt 6

   s 62sub A2003‑56 amdt 3.193; A2006‑42 amdt 3.168; A2008‑37 amdt 1.412

   Reviewable decision notices

   s 63sub A2006‑42 amdt 3.169; A2008‑37 amdt 1.412

   Applications for review

   s 64om A2004‑9 amdt 1.39

   ins A2008‑37 amdt 1.412

   Fees

   s 65om A2001‑44 amdt 1.3523

   Miscellaneous

   pt 7 hdgsub A2008‑37 amdt 1.412

   Regulation-making power

   s 66 hdgsub A2001‑44 amdt 1.3524

   s 66am A2001‑44 amdt 1.3525

   Determination of fees

   s 67om A2006‑42 amdt 3.170

   ins A2009‑53 s 5

   Repeal

   s 68om R1 (IA s 43 (3))

   Consequential amendments of other Acts

   s 69om R1 (IA s 43 (3))

   Transitional—Racing Amendment Act 2013

   pt 10 hdgins A2013-1 s 28

   exp 1 March 2014 (s 105)

   Definitions—pt 10

   s 100ins A2013-1 s 28

   exp 1 March 2014 (s 105)

   def commencement day ins A2013-1 s 28

   exp 1 March 2014 (s 105)

   def existing approval holder ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by
   SL2013–3 s 4)

   def existing race field information fund ins as mod SL2010‑3 mod 1.1 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by
   SL2013–3 s 4)

   def pre-amendment part 5B ins A2013-1 s 28

   exp 1 March 2014 (s 105)

   def pre-amendment period ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by
   SL2013–3 s 4)

   def pre-amendment regulation ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by
   SL2013–3 s 4)

   def post-amendment part 5B ins A2013-1 s 28

   exp 1 March 2014 (s 105)

   def transitional period ins as mod SL2010-3 mod 1.1 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by
   SL2013–3 s 4)

   Existing approvals etc to use race field information

   s 101ins A2013-1 s 28

   exp 1 March 2014 (s 105)

   Existing approval holders must continue to give monthly returns to commission

   s 101Ains as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4)

   Certain existing approval holders must continue to pay old monthly charge for the pre-amendment period

   s 101Bins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4)

   Certain existing approval holders must pay new monthly charge in transitional period

   s 101Cins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4)

   Certain existing approval holders must pay pre‑amendment and new race field information charge

   s 101Dins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4)

   Commission must refund charge if existing approval holder does not meet threshold

   s 101Eins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4)

   Existing race field information fund

   s 101Fins as mod SL2010-3 mod 1.2 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4)

   Commission to act as relevant controlling bodies’ agent

   s 102ins A2013-1 s 28

   mod SL2010-3 mods 1.3-1.7 (as ins by SL2013–3 s 5)

   mod exp 1 March 2014 (SL2010-3 s 20 as ins by SL2013–3 s 4)

   s 102 exp 1 March 2014 (s 105 and see SL2010-3 mod 1.7 as ins by SL2013–3 s 5)

   Permitted disclosure of information to relevant controlling bodies

   s 103ins A2013-1 s 28

   exp 1 March 2014 (s 105)

   Transitional regulations

   s 104ins A2013-1 s 28

   exp 1 March 2014 (s 105)

   Expiry—pt 10

   s 105ins A2013-1 s 28

   exp 1 March 2014 (s 105)

   Transitional—Racing (Greyhounds) Amendment Act 2017

   pt 11 hdgins A2017-43 s 9

   exp 30 April 2020 (s 111)

   Transitional regulations

   s 110ins A2017-43 s 9

   exp 30 April 2020 (s 111)

   Expiry—pt 11

   s 111ins A2017-43 s 9

   exp 30 April 2020 (s 111)

   Members of the tribunal

   sch 1ss renum R4 LA

   Tribunal members—appointment

   sch 1 s 1 1 hdg     sub R6 LA

   sch 1 s 1.1am A2003‑56 amdts 3.194-3.196; A2017-43 s 10, s 11

   Acting appointments

   sch 1 s 1.2am A2003‑56 amdt 3.197

   om A2006‑42 amdt 3.171

   Tribunal members—term

   sch 1 s 1.3 hdg     sub R6 LA

   sch 1 s 1.3sub A2003‑56 amdt 3.198

   Tribunal members—ending of appointment

   sch 1 s 1.4 hdg     am R6 LA

   sch 1 s 1.4sub A2003‑56 amdt 3.198

   am A2006‑42 amdt 3.172; A2011‑3 amdt 1.9

   Remuneration and allowances

   sch 1 s 1.5om A2003‑56 amdt 3.198

   Tribunal members—leave of absence

   sch 1 s 1.6 hdg     am R6 LA

   Tribunal members—disclosure of interests

   sch 1 s 1.7 hdg     am R6 LA

   sch 1 s 1.7am A2022‑14 amdt 3.198

   Assessors of the tribunal

   sch 2ss renum R4 LA

   Assessors—appointment

   sch 2 s 2.1 hdg     sub R6 LA

   sch 2 s 2.1am A2003‑56 amdt 3.199; A2006‑42 amdt 3.175

   Assessors—term

   sch 2 s 2.2 hdg     sub R6 LA

   sch 2 s 2.2sub A2003‑56 amdt 3.200

   Assessors—ending of appointments

   sch 2 s 2.3 hdg     am R6 LA

   sch 2 s 2.3sub A2003‑56 amdt 3.200

   Remuneration and allowances

   sch 2 s 2.4om A2003‑56 amdt 3.200

   Assessors—disclosure of interests

   sch 2 s 2.5 hdg     am R6 LA

   sch 2 s 2.5am A2022‑14 amdt 3.198

   Reviewable decisions

   sch 3om R1 (IA s 43 (3))

   ins A2008‑37 amdt 1.413

   am A2009‑53 s 6

   Dictionary

   dictins A2003‑56 amdt 3.201

   am A2006‑42 amdt 3.173; A2007‑38 amdt 1.414; A2009‑53 s 7; A2011‑22 amdt 1.372

   def 1987 NSW Act ins A2009‑20 amdt 3.171

   def 1998 NSW Act ins A2009‑20 amdt 3.171

   def ACT jockey ins A2009‑20 amdt 3.171

   def applied NSW Acts A2009‑20 amdt 3.171

   def approved rules reloc from s 3 A2003‑56 amdt 3.180

   am A2017-43 s 12; pars renum R21 LA

   def ARO reloc from s 3 A2003‑56 amdt 3.180

   def assessable turnover ins A2009‑53 s 8

   om A2013-1 s 29

   def authorised race meeting am A1999‑47 sch

   reloc from s 3 A2003‑56 amdt 3.180

   def bet back ins A2009‑53 s 8

   om A2013-1 s 29

   def bets held on races conducted in the ACT ins A2009‑53 s 8

   om A2013-1 s 29

   def bets paid ins A2009‑53 s 8

   om A2013-1 s 29

   def betting exchange ins A2009‑53 s 8

   def chief executive ins A1999‑47 sch

   reloc from s 3 A2003‑56 amdt 3.180

   om A2011‑22 amdt 1.373

   def chief executive officer ins A2011‑22 amdt 1.373

   def commission ins A1999‑47 sch

   reloc from s 3 A2003‑56 amdt 3.180

   def controlling body reloc from s 3 A2003‑56 amdt 3.180

   am A2013-1 s 30; A2017-43 s 13

   def corresponding body reloc from s 3 A2003‑56 amdt 3.180

   def deputy president reloc from s 3 A2003‑56 amdt 3.180

   def director reloc from s 3 A2003‑56 amdt 3.180

   def greyhound club reloc from s 3 A2003‑56 amdt 3.180

   om A2017-43 s 14

   def harness club reloc from s 3 A2003‑56 amdt 3.180

   def injury ins A2009‑20 amdt 3.171

   def inquiry ins A1999‑47 sch

   reloc from s 3 A2003‑56 amdt 3.180

   def licensed racecourse reloc from s 3 A2003‑56 amdt 3.180

   def licensed wagering operator ins A2009‑53 s 8

   def NSW Acts ins A2009‑20 amdt 3.171

   def NSW jockey ins A2009‑20 amdt 3.171

   def president reloc from s 3 A2003‑56 amdt 3.180

   def race reloc from s 3 A2003‑56 amdt 3.180

   am A2017-43 s 15; pars renum R21 LA

   def race field information ins A2009‑53 s 8

   def race field information charge ins A2009‑53 s 8

   sub A2013-1 s 31

   def race meeting reloc from s 3 A2003‑56 amdt 3.180

   def racing authority ins A2009‑53 s 8

   def racing club reloc from s 3 A2003‑56 amdt 3.180

   sub A2017-43 s 16

   def Racing NSW ins A2009‑20 amdt 3.171

   def registrar reloc from s 3 A2003‑56 amdt 3.180

   def relevant controlling body ins A2013-1 s 32

   def relevant net revenue ins A2009‑53 s 8

   om A2013-1 s 33

   def reviewable decision ins A2008‑37 amdt 1.415

   def rules of greyhound racing reloc from s 3 A2003‑56 amdt 3.180

   om A2017-43 s 17

   def rules of harness racing reloc from s 3 A2003‑56 amdt 3.180

   def rules of the tribunal reloc from s 3 A2003‑56 amdt 3.180

   def rules of thoroughbred racing reloc from s 3 A2003‑56 amdt 3.180

   def special insurance scheme ins A2009‑20 amdt 3.171

   def special rules reloc from s 3 A2003‑56 amdt 3.180

   def tribunal reloc from s 3 A2003‑56 amdt 3.180

   def wagering operator ins A2009‑53 s 8

1. Earlier republications

   Some earlier republications were not numbered. The number in column 1 refers to the publication order. 

   Since 12 September 2001 every authorised republication has been published in electronic pdf format on the ACT legislation register.  A selection of authorised republications have also been published in printed format. These republications are marked with an asterisk (*) in column 1.  Electronic and printed versions of an authorised republication are identical.

Republication No and date	Effective	Last amendment made by	Republication for
R0A 10 Jan 2008	2 July 2001– 11 Sept 2001	A1999‑47	amendments by A1999‑47
R1 12 Sept 2001	12 Sept 2001– 18 Dec 2003	A2001‑44	amendments by A2001‑44
R2 19 Dec 2003	19 Dec 2003– 12 Apr 2004	A2003‑56	amendments by A2003‑56
R3 13 Apr 2004	13 Apr 2004– 22 Nov 2005	A2004‑9	amendments by A2004‑9
R4 23 Nov 2005	23 Nov 2005– 16 Mar 2006	A2005‑53	amendments by A2005‑53
R5 17 Mar 2006	17 Mar 2006– 15 Nov 2006	A2006‑7	amendments by A2006‑7
R6 16 Nov 2006	16 Nov 2006– 16 Nov 2007	A2006‑42	amendments by A2006‑42
R7 17 Nov 2007	17 Nov 2007– 1 Feb 2009	A2006‑42	commenced expiry
R8 2 Feb 2009	2 Feb 2009– 17 Mar 2009	A2008‑37	amendments by A2008‑37
R9 18 Mar 2009	18 Mar 2009– 21 Sept 2009	A2008‑37	commenced expiry
R10 22 Sept 2009	22 Sept 2009– 28 Feb 2010	A2009‑20	amendments by A2009‑20
R11 1 Mar 2010	1 Mar 2010– 31 Dec 2010	A2009‑53	amendments by A2009‑53
R12 1 Jan 2011	1 Jan 2011– 28 Feb 2011	A2010‑54	amendments by A2010‑54
R13 1 Mar 2011	1 Mar 2011– 30 June 2011	A2011‑3	amendments by A2011‑3
R14 1 July 2011	1 July 2011– 21 Feb 2013	A2011‑22	amendments by A2011‑22
R15 22 Feb 2013	22 Feb 2013– 28 Feb 2013	A2013-4	amendments by A2013-4
R16 1 Mar 2013	1 Mar 2013– 1 Mar 2014	SL2013‑3	amendments by A2013-1 and modification by SL2010-3 as amended by SL2013‑3
R17 2 Mar 2014	2 Mar 2014– 16 Nov 2014	SL2013‑3	expiry of transitional provisions (pt 10)
R18 17 Nov 2014	17 Nov 2014– 26 Apr 2016	A2014-49	amendments by A2014-49
R19 27 Apr 2016	27 Apr 2016– 31 Aug 2016	A2016‑18	amendments by A2016‑18
R20 1 Sept 2016	1 Sept 2016– 29 Apr 2018	A2016-45	amendments by A2016-45
R21 30 Apr 2018	30 Apr 2018– 30 Apr 2020	A2017‑43	amendments by A2017‑43
R22 1 May 2020	1 May 2020– 23 Aug 2022	A2017‑43	expiry of transitional provisions (pt 11)

1. Expired transitional or validating provisions

   This Act may be affected by transitional or validating provisions that have expired.  The expiry does not affect any continuing operation of the provisions (see Legislation Act 2001, s 88 (1)).

   Expired provisions are removed from the republished law when the expiry takes effect and are listed in the amendment history using the abbreviation ‘exp’ followed by the date of the expiry.

   To find the expired provisions see the version of this Act before the expiry took effect.  The ACT legislation register has point-in-time versions of this Act.

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