Racing Act 2002 (Qld)

Racing Act 2002

An Act to provide for the management, operation, development and promotion of the racing industry in Queensland

Chapter 1    Introduction

1   Short title

This Act may be cited as the Racing Act 2002.

2   Commencement

(1)Subject to subsection (2), this Act commences on a day to be fixed by proclamation.

(2)Section 398(1) and schedule 2, part 1, in relation to the amendment of the Racing and Betting Amendment Act (No. 2) 2001, are taken to have commenced on 4 April 2002.

3   Act binds all persons

(1)This Act binds all persons, including the State and, as far as the legislative power of the Parliament permits, the Commonwealth and the other States.

(2)Nothing in this Act makes the State liable to be prosecuted for an offence.

4   Main purpose of Act

(1)The main purpose of this Act is to provide for control bodies to manage, operate, develop and promote codes of racing in a way that ensures public confidence in the racing industry in Queensland.

(2)The main purpose is primarily achieved through the establishment of—

(a)the Racing Queensland Board as the control body for the thoroughbred, harness and greyhound codes of racing; and

(b)a process by which an eligible corporation may be approved as a control body for another code of racing; and

(c)a framework for how all control bodies are to undertake the management, operation, development and promotion of codes of racing, including the licensing of clubs and venues in the code; and

(d)a cooperative approach among entities under this Act with the commission.

5   Definitions

The dictionary in schedule 1 defines particular words used in this Act.

Chapter 2    Control bodies to manage codes of racing

Part 1    Racing Queensland Board

Division 1 Establishment of board and its status

6   Racing Queensland Board

The Queensland All Codes Racing Industry Board, formerly established under this Act, is continued in existence under this Act under the name Racing Queensland Board.

7   Board to be control body for particular codes of racing

The board is the control body for the following codes of racing (each a board code of racing)—

(a)thoroughbred racing;

(b)harness racing;

(c)greyhound racing.

8   Application of various public sector Acts

(1)The board is—

(a)a statutory body under the Financial Accountability Act 2009; and

(b)a statutory body under the Statutory Bodies Financial Arrangements Act 1982; and

(c)a unit of public administration under the Crime and Corruption Act 2001.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B sets out the way in which the board’s powers under this Act are affected by the Statutory Bodies Financial Arrangements Act 1982.

9    Nature of board

The board is not a body corporate and does not represent the State.

9AF   [Repealed]

9BN   [Repealed]

9BO   [Repealed]

9BP   [Repealed]

9BQ   [Repealed]

9BR   [Repealed]

9BS   [Repealed]

9BT   [Repealed]

9BU   [Repealed]

9BV   [Repealed]

9BW   [Repealed]

9BX   [Repealed]

9BY   [Repealed]

9BZ   [Repealed]

9CA   [Repealed]

9CB   [Repealed]

9CC   [Repealed]

9CD   [Repealed]

9CE   [Repealed]

9CF   [Repealed]

9CG   [Repealed]

9CH   [Repealed]

9CI   [Repealed]

9CJ   [Repealed]

9CK   [Repealed]

9CL   [Repealed]

9CM   [Repealed]

9CN   [Repealed]

9CO   [Repealed]

9CP   [Repealed]

Division 2 Board’s functions and powers

10   Functions of board

(1)The primary function of the board is to be the control body in relation to each of the board codes of racing and, as stated in section 81, to manage its codes of racing.

(2)The board must perform its primary function in a way that is in the best interests of the board codes of racing collectively while having regard to the interests of each individual code.

(3)The primary function includes, but is not limited to, each of the following matters relevant to the board codes of racing collectively and individually—

(a)identifying, assessing and developing responses to strategic issues, including challenges relevant to each code and all the board codes of racing;

(b)leading and undertaking negotiations with other entities about the strategic issues, and about agreements, that affect each code and all the board codes of racing;

(c)identifying priorities for major capital expenditure for each code and all the board codes of racing;

(d)developing and implementing plans and strategies for developing, promoting and marketing each code and all the board codes of racing;

(e)making recommendations to the Minister as it considers appropriate;

(f)working collaboratively with the commission and others to ensure the integrity of the racing industry in Queensland;

(g)considering a matter referred to the board by the Minister and reporting to the Minister about the matter.

11   Powers of board

(1)The board has—

(a)the powers mentioned in section 82 as the control body for each board code of racing; and

(b)the powers stated in subsection (2); and

(c)the powers to do anything else necessary or convenient for performing its primary function or otherwise to discharge an obligation imposed on the board under this Act or another Act.

(2)The board has the powers of an individual and may, for example—

(a)enter into contracts and agreements; and

(b)acquire, hold, deal with or dispose of property; and

(c)engage consultants or contractors; and

(d)appoint agents and attorneys; and

(e)employ staff.

(3)Subject to section 10(2), if a provision of this Act states that a control body—

(a)must exercise a power in relation to a code of racing, the board must exercise the power for each board code of racing individually; and

(b)may exercise a power in relation to a code of racing, the board may exercise the power for each board code of racing individually.

12   Funding of country thoroughbred race meetings

(1)This section applies if, during a financial year, the board is paid 1 or more instalments under the Betting Tax Act 2018, section 59B.

(2)The board must apply an amount that is at least the prescribed amount to fund the country thoroughbred race meetings held during the financial year.

Note—

See also sections 44A and 84 for the board’s obligations to report on matters relating to country thoroughbred race meetings and to include details of country thoroughbred race meetings in the racing calendar prepared in relation to thoroughbred racing.

(3)A regulation may provide for the prescribed amount to be increased each financial year by the prescribed percentage.

(4)In this section—

prescribed amount means the amount prescribed by regulation.

prescribed percentage means the percentage prescribed by regulation.

13   Delegation by board

The board may delegate its powers to an appropriately qualified person.

Division 3 Membership

14   Members

(1)The board consists of the following 7 members appointed by the Governor in Council—

(a)4 members appointed as mentioned in section 15(1) (each of whom is a non-industry member);

(b)3 members appointed as mentioned in section 15(3) (each of whom is a racing-industry member).

(2)A member is to be appointed for a term of not more than 3 years.

(3)A person appointed as a member may be reappointed.

15   Appointment to board

(1)The Governor in Council may appoint a person as a non-industry member only if the person—

(a)is, on the day of the appointment, an eligible individual and was, for 2 years before that day, an eligible individual; and

(b)is suitable to be appointed to the board; and

(c)has skills and experience in 1 or more of the following areas—

(i)accounting;

(ii)animal welfare;

(iii)business;

(iv)commercial and marketing development;

(v)law; and

(d)has not, for 2 years before the day of the appointment, owned a licensed animal.

(2)In deciding whether to appoint a person as a non-industry member, the Governor in Council must have regard to whether the person’s skills and experience will complement the skills and experience of the other non-industry members so that, as a group, the non-industry members have skills and experience in the areas mentioned in subsection (1)(c).

(3)The Governor in Council may appoint a person as a racing-industry member only if the person—

(a)is, on the day of the appointment, an eligible individual; and

(b)is suitable to be appointed to the board; and

(c)has skills and experience in at least 1 of the board codes of racing.

(4)For making a decision about a person’s suitability to be appointed to the board, the Governor in Council must have regard to each of the following matters—

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

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

(c)the person’s background.

(5)The instrument of appointment of a person as a racing-industry member must state the board code of racing that the person is to represent.

16   Vacancy in member’s office

(1)The office of a member becomes vacant if—

(a)the member resigns by signed notice given to the Minister; or

(b)the member ceases to be an eligible individual; or

(c)the member is absent, without reasonable cause, from 3 consecutive meetings of the board after being given notice of the meeting and, within 6 weeks after the last of those meetings, is not excused by the board for the 3 absences; or

(d)the member is removed from office under subsection (2).

(2)The Governor in Council may remove a member from office as a member for any reason or none.

17   Chairperson and deputy chairperson

(1)The Governor in Council must appoint 1 of the non-industry members as the chairperson of the board.

(2)The Governor in Council must appoint 1 of the non-industry members as the deputy chairperson of the board.

(3)A person may be appointed as the chairperson or deputy chairperson at the same time as the person is appointed as a member or at another time.

18   Vacancy in chairperson’s or deputy chairperson’s office

(1)The office of chairperson or deputy chairperson becomes vacant if the chairperson or deputy chairperson—

(a)ceases to be a member; or

(b)resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or

(c)is removed from office under subsection (3).

(2)The chairperson or deputy chairperson may resign office as chairperson or deputy chairperson without resigning office as a member.

(3)The Governor in Council may remove a person from office as the chairperson or deputy chairperson for any reason or none.

19   Casual vacancy

(1)If the office of a member, chairperson or deputy chairperson becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term, the Governor in Council may appoint a person who is eligible to be appointed under section 15 or 17 to the board or to the office of chairperson or deputy chairperson.

(2)A person appointed under subsection (1)—

(a)completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and

(b)is eligible for reappointment at the end of the term stated in paragraph (a).

20   Effect of vacancy in membership

Despite section 14(1) or 17(1) or (2), the performance of a function, or exercise of a power, by the board is not affected merely because of a vacancy in the office of a member, the chairperson or the deputy chairperson.

21   Remuneration and other conditions of appointment

(1)A member is to be paid the remuneration decided by the Governor in Council.

(2)A member holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council.

Division 4 Board business and meetings

22   Conduct of business

Subject to this Act, the board may conduct its business, including its meetings, in the way it considers appropriate.

23   Time and place of meetings

(1)The board may hold its meetings when and where the chairperson decides.

(2)However, the chairperson must call a meeting if asked in writing by at least 1 other member.

24   Quorum

A quorum for a meeting of the board is at least 4 members.

25   Presiding at meetings

(1)The chairperson presides at all meetings of the board at which the chairperson is present.

(2)If the chairperson is absent, the deputy chairperson presides.

(3)If both the chairperson and deputy chairperson are absent from a meeting, including because of a vacancy in an office of chairperson or deputy chairperson, the non-industry board member chosen by the members present is to preside at the meeting.

26   Conduct of meetings

(1)The board may conduct its meetings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meetings.

(2)A member who takes part in a meeting of the board under subsection (1) is taken to be present at the meeting.

(3)A question at a meeting of the board is to be decided by a majority of the votes of the members present at the meeting.

(4)If the votes are equal, the person who, under section 25, is presiding at the meeting has a casting vote.

(5)A resolution is a valid resolution of the board, even though it is not passed at a meeting of the board, if—

(a)at least half the members give written agreement to the resolution; and

(b)notice of the resolution is given in accordance with procedures approved by the board.

27   Annual meeting

(1)The board must, within 2 months after its annual report is tabled in the Legislative Assembly, hold an annual meeting.

(2)The annual meeting must be open to the public.

(3)The board must give 4 weeks notice of when and where it intends to hold its annual meeting on its website.

28   Minister may call meeting

(1)The Minister may direct the board to convene a meeting to consider a matter specified by the Minister.

(2)The board is to comply with the Minister’s direction.

29   Minutes and other records

The board must keep—

(a)minutes of its meetings; and

(b)a record of its decisions and resolutions.

30   Dissenting opinion to be reported

(1)A member attending a meeting who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member’s objection, and the member’s reasons for the objection, to be—

(a)recorded in the minutes of the meeting; and

(b)reported in writing to the Minister when the advice is provided.

(2)The board is to comply with the requirement.

Division 5 Chief executive officer

31   Chief executive officer of board

(1)The board is to have a chief executive officer.

(2)The chief executive officer of the board is appointed by the Governor in Council.

(3)A person is eligible for appointment to be the chief executive officer if the person—

(a)is recommended by the board; and

(b)is, on the day of the appointment, an eligible individual; and

(c)is suitable to be appointed as the chief executive officer; and

(d)has skills, expertise and experience to perform the functions of the chief executive officer; and

(e)is not, on the day of the appointment, and was not, for 2 years before that day, a member, commissioner, deputy commissioner or employee of the commission.

(4)For subsection (3)(c), in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following—

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

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

(c)the person’s background.

32   Term of office

(1)The chief executive officer holds office for a term of 3 years.

(2)The chief executive officer may be reappointed.

33   Functions of chief executive officer

The main functions of the chief executive officer are as follows—

(a)to ensure the all-codes board is managed in accordance with the priorities of the board;

(b)to ensure the efficient and effective administration of the board;

(c)to ensure the board complies with the requirements of this Act and other Acts.

34   Remuneration and conditions of appointment

(1)The chief executive officer is employed under this Act and not under the Public Sector Act 2022.

(2)The chief executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council, including, for example, remuneration and allowances.

35   Vacancy

(1)The office of chief executive officer becomes vacant if the chief executive officer—

(a)completes the term of office and is not reappointed; or

(b)resigns by signed notice given to the Minister; or

(c)ceases to be an eligible individual; or

(d)is removed by the Governor in Council under subsection (2).

(2)The Governor in Council may remove the chief executive officer for any reason or none.

36   Acting chief executive officer

(1)If there is a vacancy in the office of chief executive officer or the chief executive officer is absent or for any reason is unable to perform the functions of the office, the board may appoint a person to act as chief executive officer for a period of not more than 3 months.

(2)However, the board can not appoint a person under subsection (1) for more than 3 months in any 1 year.

37   Delegation by chief executive officer

The chief executive officer may delegate a function of the chief executive officer to an appropriately qualified person approved by the board.

Division 6 Information to be collected about potential member and chief executive officer

38   Chief executive to gather information about candidate

(1)Before a person (a candidate) may be appointed as a member or the chief executive officer, the candidate must sign a consent form that gives the candidate’s consent to the following—

(a)the collection of personal information about the candidate by or for the chief executive;

(b)the collection of background information by or for the chief executive;

(c)a criminal history check.

(2)The chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice.

39   Obtaining criminal history of candidate

(1)The chief executive may ask the police commissioner for the following—

(a)a written report on the candidate’s criminal history; and

(b)a brief description of the circumstances of a conviction mentioned in the candidate’s criminal history.

(2)After receiving the request, the police commissioner must give the report on the candidate’s criminal history to the chief executive.

(3)However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access.

(4)In this section—

candidate means a candidate as mentioned in section 38 who has given a signed consent form for a criminal history check.

Division 7 Duties of executive officers and employees of board

40   Duty to act honestly and exercise care and diligence

(1)An executive officer of the board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the executive officer’s functions and exercising the executive officer’s powers.

(2)A current or former executive officer must not make improper use of information acquired because of the executive officer’s position as an executive officer—

(a)to gain, directly or indirectly, an advantage for the executive officer or for any other person; or

(b)to cause detriment to the board or a board code of racing.

(3)An executive officer must not make improper use of the executive officer’s position as an executive officer—

(a)to gain, directly or indirectly, an advantage for the executive officer or for any other person; or

(b)to cause detriment to the board or a board code of racing.

(4)This section—

(a)has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the board; and

(b)does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability.

41   Member must disclose interest

(1)This section applies if—

(a)a member who is present at a meeting of the board (the interested member) has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at the meeting; and

Note—

See section 26(2).

(b)the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter.

(2)The interested member must, as soon as possible after the relevant facts have come to the interested member’s knowledge, disclose the nature of the interest at the meeting.

Maximum penalty—40 penalty units.

(3)Particulars of any disclosure made under this section must be recorded by the board in a register of interests kept for the purpose.

(4)Unless the board otherwise directs, the interested member must not—

(a)be present during any deliberation of the board about the matter; or

(b)take part in any decision of the board about the matter.

(5)For the giving of a direction by the board under subsection (4), the interested member must not—

(a)be present during any deliberation of the board for the purpose of deciding whether to give the direction; or

(b)take part in the decision about giving the direction by the board.

(6)A contravention of this section does not invalidate any decision of the board.

(7)However, if the board becomes aware a member has contravened this section, the board must reconsider any decision made by the board in which the member took part in contravention of this section.

(8)If a member is a racing-industry member, the member may have regard to and act in the interests of the board code of racing stated in the member’s instrument of appointment.

(9)However, a member may not act in a way that is contrary to the interests of the board.

(10)A reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the Acts Interpretation Act 1954, schedule 1 does not apply.

42   Conflicts of interest

(1)If a person employed by the board, other than a member, has an interest that conflicts or may conflict with the discharge of the person’s duties, the person—

(a)must disclose the nature of the interest and conflict to the board as soon as practicable after the relevant facts come to the person’s knowledge; and

(b)must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the board.

Maximum penalty—40 penalty units.

(2)The board may direct a person employed by the board to resolve a conflict or possible conflict between an interest of the person and the person’s duties.

(3)If a disclosure is made by a person to the board as mentioned in subsection (1), the board must give notice to the commission within 14 days after the disclosure about—

(a)the disclosure; and

(b)any direction given by the board to the person.

(4)For the interpretation of a reference to an interest or a conflict of interest, see section 41(10).

Division 8 Immunity for members and chief executive officer

43   Protection from liability

(1)A member or the chief executive officer does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act.

(2)If subsection (1) prevents a civil liability attaching to a member or the chief executive, the liability attaches instead to the board.

Division 9 Ministerial direction to board

44   Ministerial direction to board about its functions or powers

(1)The Minister may give the board a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction.

(2)However, the Minister may not give the board a direction about any of the following—

(a)the allocation of race days, and the provision of funding, to licensed clubs to hold race meetings;

(b)the prize money for races held for a board code of racing;

(c)stopping, restarting, rerunning, postponing or abandoning a race.

(3)The board must comply with a direction given under subsection (1).

Division 10 Annual reports

44A   Matters for inclusion in annual report

(1)The board’s annual report for each financial year—

(a)must include details of any direction given by the Minister under section 44(1) during the financial year; and

(b)may include a comment about the effect on the board’s activities of complying with the direction.

(2)Also, the board’s annual report for each financial year must include details of—

(a)the country thoroughbred race meetings held during the financial year; and

(b)the amount applied under section 12 during the financial year to fund the race meetings mentioned in paragraph (a).

(3)In this section—

annual report means an annual report prepared under the Financial Accountability Act 2009, section 63.

Division 10 [Repealed]

Part 1B    [Repealed]

Division 1 [Repealed]

Division 2 [Repealed]

Division 3 [Repealed]

Division 4 [Repealed]

Division 5 [Repealed]

Division 6 [Repealed]

Division 7 [Repealed]

Division 8 [Repealed]

Part 2    Approved control bodies

Division 1 Applying for approval as control body for a code of racing

45   An eligible corporation may apply for approval as a control body

(1)An eligible corporation may apply to the Minister for approval as the control body for a proposed code of racing.

(2)The eligible corporation may apply for approval as the control body for the application code even if the corporation is, or has applied to be, the control body for another proposed code of racing.

(3)The approval applicant may—

(a)withdraw the approval application; or

(b)amend the approval application subject to the matters prescribed by regulation about the way in which an approval application may proceed after it is amended.

(4)The application mentioned in subsection (1) must be in the approved form.

46   Approval application to be accompanied by specific matters

(1)An approval application must be accompanied by the following—

(a)the application fee prescribed by regulation;

(b)the approval applicant’s written agreement to pay an amount that is the cost of any mediation under section 52 divided equally among the number of approval applicants who are given a notice about the mediation under that section;

(c)a copy of the approval applicant’s constitution under the Corporations Act;

(d)a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following—

(i)the collection of personal information about the associate by or for the chief executive;

(ii)the collection of background information by or for the chief executive;

(iii)a criminal history check;

(e)the approval applicant’s written agreement to obtain a consent of the type mentioned in paragraph (d) for a person whom the chief executive believes is a business associate or executive associate of the approval applicant but whose consent does not accompany the approval application;

(f)the approval applicant’s plans for managing the application code and a timetable for implementing all the plans.

(2)The plans mentioned in subsection (1)(f) must include the approval applicant’s proposals for policies and the procedures for the following—

(a)selling a product to persons lawfully conducting wagering under the Wagering Act 1998;

(b)licensing clubs and venues involved in the application code;

(c)safeguarding the public interest in the application code;

(d)providing or participating in an appropriate education and training system for persons who are likely to—

(i)engage in activities requiring a licence; or

(ii)participate in the application code but are not required to be licensed;

(e)a website, and the information to be accessible through the website including policies and rules required to be published on the website under sections 104 and 114.

(3)Also, the plans mentioned in subsection (1)(f) must include the draft strategic plan and operational plan for the application code, that comply with the prescribed requirements under section 98 for the plans, for the financial year in which it is reasonably likely that the application may be approved.

(4)The proposals for the policies and the procedures must be well developed and, based on the assumption that the application is approved—

(a)capable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or

(b)if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1)(f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant.

(5)The written agreement mentioned in subsection (1)(b), and the consent mentioned in subsection (1)(d), must be in the approved form.

47   Evidence of matters to be included in an approval application

An approval application must include evidence establishing each of the following—

(a)the approval applicant is an eligible corporation;

(b)each of its executive officers is an eligible individual;

(c)each of its executive officers has skills and experience in 1 or more of the following areas—

(i)the application code;

(ii)accounting;

(iii)animal welfare;

(iv)business;

(v)commercial and marketing development;

(vi)law.

Division 2 Referral of approval application to chief executive for processing

48   Minister to refer an approval application for assessment and other action

(1)After receiving an approval application, the Minister must refer it to—

(a)the chief executive for assessment under this Act; and

(b)the commission for assessment under the Racing Integrity Act.

(2)The chief executive must—

(a)require the approval applicant, by notice (an advertising notice) given to the applicant, to advertise information about the approval application; and

(b)assess under this Act whether the approval applicant is suitable to be approved as the control body for the application code.

49   Advertising notice about an approval application

(1)The advertising notice must state—

(a)the form of, and the information to be included in, the advertisement; and

(b)the newspapers or other publications in which the advertisement must appear; and

(c)the days on which the advertisement must appear in the stated newspapers or other publications.

(2)Without limiting subsection (1)(a), the chief executive must require each advertisement to state that a person may object to the approval application, by giving a written submission to the chief executive or the commission in a way and by a date stated in the advertisement (the closure date).

(3)The closure date must be at least 28 days after the advertisement first appears in a newspaper or other publication as required under subsection (1).

(4)The approval applicant is liable for all expenses relating to the advertisement.

50   Objection to approval application

(1)A person (an objector) may object to an approval application by written submission given to the chief executive or the commission by the closure date stated in the advertisement.

(2)The submission must state the objector’s reasons for objecting and, if applicable, may include conditions to which the objector believes an approval relating to the approval application should be subject.

(3)If the chief executive is given a submission as mentioned in subsection (1), the chief executive must give the commission a copy of it.

Division 3 When there is more than 1 approval application relating to a particular type of animal racing

51   Application of division

This division applies if—

(a)both of the following apply—

(i)an objector’s reasons for objecting to an approval application states the objector is the appropriate eligible corporation to be approved as the control body for the application code;

(ii)the objector makes an approval application for the application code within 28 days after the closure date; or

(b)before the closure date for an approval application, another eligible corporation, other than an objector, makes an approval application for the application code.

52   Chief executive must call meeting of all approval applicants

(1)The chief executive must, by notice given to each of the approval applicants, call a meeting of them to explore the possibility of all of the approval applicants reaching a mediated agreement about the eligible corporation that should be approved as the control body for the application code.

Example of a mediated agreement—

The approval applicants may agree to form an eligible corporation in which they each have equal rights to appoint that corporation’s executive officers, to withdraw each of their approval applications and to support an application by the formed eligible corporation to be the control body for the application code.

(2)The chief executive may arrange for a suitably qualified person to be the mediator at the meeting.

(3)The chief executive, by notice to the commission, must—

(a)tell the commission about calling the meeting and the details of the meeting; and

(b)invite the commission to attend the meeting as an observer.

(4)If a mediated agreement can not be reached at the meeting, the chief executive must include information about the mediation in the chief executive’s report to the Minister under section 54.

Division 4 Assessment actions by chief executive for approval applications

53   Assessment of an approval application if only 1 application

(1)The chief executive must assess an approval application referred to the chief executive under section 48(1).

(2)The chief executive must prepare and give to the Minister a report relating to the approval application covering the following to the extent that is applicable—

(a)the application;

(b)submissions given to the chief executive under section 50 about the application;

(c)reports about the criminal histories of individuals who are business associates and executive associates of the approval applicant, given to the chief executive under section 58(2);

(d)the chief executive’s assessment, as mentioned in section 48(2)(b), about whether the approval applicant is suitable to be approved as the control body for the application code.

(3)This section is subject to section 54.

54   Assessment of an approval application if more than 1 application

(1)This section applies if the chief executive calls a meeting of approval applicants under section 52(1) and there is no mediated agreement supported by all of the approval applicants.

(2)The chief executive must assess each of the approval applications.

(3)The chief executive must prepare and give to the Minister a single report relating to all approval applications covering the following to the extent that is applicable—

(a)the applications;

(b)submissions given to the chief executive under section 50 about the applications;

(c)reports about the criminal histories of individuals who are business associates and executive associates of the approval applicants, given to the chief executive under section 58(2);

(d)the chief executive’s assessment, as mentioned in section 48(2)(b), about whether each approval applicant is suitable to be approved as the control body for the application code;

(e)an assessment about the merits of each approval application compared to the other approval applications;

(f)the chief executive’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code.

55   Assessing approval applicant or approval applicants

(1)This section applies to the chief executive in assessing an approval application as mentioned in section 53 or 54.

(2)The chief executive must decide whether the approval applicant is suitable to be approved as the control body for the application code.

(3)For subsection (2), the chief executive must have regard to, and if necessary, investigate each of the following—

(a)the approval application, matters accompanying or included in the approval application as mentioned in section 46, and evidence given by the approval applicant in support of the application about the matters mentioned in section 47;

(b)the approval applicant’s business reputation, current financial position and financial background;

(c)the suitability of every business associate and executive associate of the approval applicant to be associated with the approval applicant as a control body;

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

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

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

(4)In deciding about the suitability of a business associate or executive associate of the approval applicant, the chief executive must have regard to, and if necessary investigate, each of the following—

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

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

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

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

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

56   Chief executive may require further information or documents to support approval application as part of investigations under s 55

(1)For an investigation under section 55 relating to an approval applicant, the chief executive may, by notice given to the approval applicant, require the applicant to give the chief executive further information or a document relating to any of the following within a reasonable time stated in the notice—

(a)the approval application;

(b)the approval applicant;

(c)a business associate or executive associate of the approval applicant;

(d)an entity with which the approval applicant has a business association.

(2)For an investigation under section 55 relating to a business associate or executive associate of an approval applicant, the chief executive may, by notice given to the associate and a copy of the notice to the approval applicant, require the associate to give the chief executive information or a document relating to the following within a reasonable time stated in the notice—

(a)the association with the approval applicant;

(b)an entity with which the associate has a business association.

(3)When making the requirement, the chief executive must warn the approval applicant and associate that the approval application will not be considered further until the requirement is complied with.

57   Request to obtain criminal history of business associates and executive associates of approval applicant

(1)This section applies if—

(a)a business associate or executive associate of an approval applicant is an individual; and

(b)the associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application.

(2)The chief executive must, by notice to the approval applicant, ask the applicant for the written consent of the business associate or executive associate for the chief executive to obtain the associate’s criminal history.

(3)If the business associate or executive associate does not consent, or withdraws his or her consent, the application is taken to have been withdrawn.

58   Obtaining the criminal history of an individual

(1)If the chief executive has the written consent of an approval applicant’s business associate or executive associate who is an individual to obtain the individual’s criminal history, the chief executive may ask the police commissioner for the following—

(a)a written report on the individual’s criminal history;

(b)a brief description of the circumstances of a conviction mentioned in the individual’s criminal history.

(2)After receiving the request, the commissioner must give the report on the individual’s criminal history to the chief executive.

(3)However, the duty imposed on the police commissioner applies only to information in the commissioner’s possession or to which the commissioner has access.

Division 5 Ministerial decision about approval applications

59   Minister to consider and decide approval application

(1)This section applies after the Minister is given an assessment report.

(2)Before making a decision about an approval application, the Minister must consider the following—

(a)the assessment report and any assessment report of the commission under the Racing Integrity Act about the approval application;

(b)the approval application or approval applications dealt with in the report;

(c)further documents given to the chief executive or the commission by the approval applicant in support of the application or an amendment of the application;

(d)submissions given to the chief executive or the commission under section 50(1) and, to the extent applicable, any other approval applications and any mediated agreement as mentioned in section 52(1), relating to the application code;

(e)conditions the Minister believes should apply if the application is approved.

(3)The Minister must not grant the application unless the Minister is satisfied—

(a)the approval application is accompanied by, and includes, all matters mentioned in section 46 and otherwise complies with that section; and

(b)the approval applicant has provided evidence satisfactory to the Minister about the matters mentioned in section 47; and

(c)the application code is suitable to be a code of racing and the approval applicant is suitable to be approved as the control body for the code of racing.

(4)Without limiting subsection (3), if the Minister is considering more than 1 approval application, the Minister must decide which approval applicant is best qualified and most suitable to be the control body for the application code.

60   Information notice about Minister’s decision

(1)After the Minister makes a decision about an approval application, the Minister must give the approval applicant an information notice about the decision.

(2)If the Minister grants the application, the information notice must state the conditions imposed by the Minister to which the approval is to be subject.

(3)If the Minister’s decision is that, should the approval applicant rectify a matter within a period, the Minister would give the approval applicant an approval under section 61, the information notice must state the matter to be rectified, the way it may be rectified and a reasonable period for the matter to be rectified.

Example for subsection (3)—

The approval application may be approved on the condition that the approval applicant’s constitution is changed in a stated way within a stated period.

60B   [Repealed]

61   When Minister must give an approval to approval applicant

(1)This section applies if the Minister decides an approval applicant is suitable to be approved as the control body for the application code.

(2)After all of the following have happened, the Minister must give the approval applicant an approval as the control body for the code of racing signed by the Minister—

(a)the Minister has given the approval applicant an information notice about the decision under section 60;

(b)the approval applicant has given the chief executive a notice stating—

(i)there have been no changes to the information in the approval application, or the other documents or information given to the Minister or chief executive, that are likely to affect the Minister’s decision; and

(ii)if applicable—a matter to be rectified, as stated in the information notice as mentioned in section 60(3), has been rectified and the way it has been rectified;

(c)the approval applicant has paid the fee under section 65 in relation to the first year of the approval.

(3)After giving an approval under subsection (2), the Minister must publish in the gazette a notice that—

(a)the type of animal racing stated in the notice is a code of racing; and

(b)the Minister has approved the approval applicant as the control body for the code of racing stated in the notice.

(4)The notice mentioned in subsection (2)(b) must be in the approved form.

62   Form of approval

The approval of the control body must state each of the following—

(a)the name of the control body, its Australian Company Number and its business address;

(b)the date of the approval and the date on which the approval takes effect;

(c)the code of racing for which the approval is given;

(d)conditions imposed by the Minister to which the approval is subject.

63   Control body approved for more than one code of racing

(1)This section applies to a control body that has approval as the control body for more than 1 code of racing.

(2)In making a decision under this Act, the control body must make a decision that is in the best interests of all the codes of racing for which the control body holds an approval while having regard to the interests of each individual code.

Division 6 Other matters relating to approvals and approval applications

64   Approval continues in force unless cancelled or suspended

(1)A control body’s approval continues in force until the approval is cancelled.

(2)However, if a control body’s approval is suspended, the approval does not have effect for the period of the suspension.

64A   [Repealed]

64B   [Repealed]

65   Yearly fee payable by each control body

(1)A control body must pay a fee to the chief executive in relation to each year for which its approval has effect.

(2)A regulation may prescribe—

(a)the amount of the fee payable under this section relating to each year; and

(b)the date (the due date) by which the fee relating to each year is payable.

(3)If a fee is not paid by the due date—

(a)the amount of the fee is a debt owing to the State; and

(b)the failure to pay is a ground for taking, as mentioned in section 74(1)(d), disciplinary action relating to the approval of the control body.

66   Regulation may prescribe a condition applying to an approval

(1)A regulation may prescribe a condition (a regulation condition) to which the Minister’s approval is subject.

(2)A regulation condition applies to a control body even if the control body was approved as a control body before the regulation commenced.

(3)If there is an inconsistency between an express condition stated in an approval and a regulation condition, the regulation condition applies to the extent of the inconsistency.

67   Variation of approval of control body

(1)A control body may apply to the Minister for a variation of its approval as a control body.

(2)The application must be in the approved form and accompanied by the application fee prescribed under a regulation.

(3)The Minister must consider the application and either grant or refuse to grant the application.

(4)After the Minister makes a decision about the application, the Minister must give the applicant an information notice about the decision.

(5)If the Minister grants the application, the information notice must—

(a)state the conditions imposed by the Minister to which the approval is to be subject; and

(b)include a direction to the control body to return the approval to the Minister, within 14 days after the date of the information notice, for relevant action by the Minister.

67A   [Repealed]

Division 7 Requirements for approved control body after approval

68   Approved control body to report to chief executive on status as eligible corporation in previous financial year

(1)Within 14 days after each anniversary day for an approved control body, the approved control body must give the chief executive a notice about whether the approved control body has been an eligible corporation for the year before the anniversary day and is, on that anniversary day, an eligible corporation.

(2)A notice under subsection (1) must be in the approved form.

(3)In this section—

anniversary day, for an approved control body, means each day that is the anniversary of the day on which the approved control body’s approval took effect.

68A   [Repealed]

68B   [Repealed]

68C   [Repealed]

68D   [Repealed]

68DA   [Repealed]

68E   [Repealed]

68F   [Repealed]

68G   [Repealed]

68H   [Repealed]

68I   [Repealed]

68J   [Repealed]

68K   [Repealed]

68L   [Repealed]

68M   [Repealed]

69   Obligation to implement plans as stated in approval application

(1)This section applies to the following that, under section 46(1)(f), accompanied a control body’s approval application—

(a)its plans for managing its code of racing; and

(b)the timetable for implementing the plans.

(2)Subject to the regulation conditions and stated conditions in the control body’s approval, the control body must implement the plans as stated in the timetable.

70   Notice of event resulting in a control body not being an eligible corporation

(1)Within 14 days after an event happening relating to a control body that makes the control body no longer an eligible corporation, the control body must give notice under subsection (2) about the event to the chief executive and the commission.

(2)The notice must—

(a)be in the approved form; and

(b)include the control body’s plan and timetable for making the corporation an eligible corporation.

(3)The giving of a notice under subsection (1) does not limit the Minister’s power under section 75 to give the control body a show cause notice.

71   Ministerial direction to approved control body about its policies or rules

(1)This section applies if the Minister believes that, for 1 or more of the following reasons, it is necessary to give a control body a direction under this section—

(a)to ensure public confidence in the integrity of the Queensland racing industry;

(b)to ensure the control body is managing its code of racing in the interests of the code;

(c)to ensure the welfare of licensed animals;

(d)to ensure the control body’s actions are accountable and its decision-making processes are transparent;

(e)to ensure the control body’s rules of racing have sufficient regard to the rights and liberties of individuals as mentioned in the Legislative Standards Act 1992, section 4(3).

(2)The Minister may, by notice given to the control body, direct the control body to do 1 or more of the following and take into account matters stated in the direction—

(a)make a new policy about a matter;

(b)review an existing policy;

(c)make rules of racing about a matter;

(d)review existing rules of racing.

(3)The notice must state a date by which the direction must be complied with.

(4)The date stated must be reasonable having regard to the nature of the matters to be done under the direction.

72   Control body is unit of public administration

On and after the approval effect day for a control body, the control body is a unit of public administration under the Crime and Corruption Act 2001, to the extent of the control body’s operations for the purposes of performing its function under this Act.

73   Audit by auditor-general

(1)At the request of the Minister, the auditor-general may audit a control body.

(2)For subsection (1)—

(a)the auditor-general is taken to be auditing an entity under the Auditor-General Act 2009; and

(b)the control body is taken to have consented to the audit.

(3)However, despite that Act and subsection (2)(b), the control body can not revoke or otherwise withdraw the consent mentioned in subsection (2)(b).

(4)A control body audited under this section is liable for the fees charged by the auditor-general for the audit, as mentioned in the Auditor-General Act 2009.

Division 8 Disciplinary action against approved control bodies

74   Grounds for disciplinary action relating to the approval of a control body for its code of racing

(1)Each of the following is a ground to take disciplinary action relating to an approval of a control body for its code of racing—

(a)the control body is not an eligible corporation;

(b)an executive officer of the control body is not an eligible individual;

(c)the control body is no longer suitable to manage the code;

(d)the control body contravenes a provision of this Act or the Racing Integrity Act, whether or not a penalty is provided for the contravention;

(e)the control body fails to comply with a condition relating to its approval;

(f)the control body contravenes a Ministerial direction;

(g)in its approval application, or a notice or other document that the control body is required under this Act or the Racing Integrity Act to give to the Minister, chief executive or commission, the control body stated something it knew was false or misleading in a material particular.

(2)For forming a belief that the ground mentioned in subsection (1)(c) exists, the Minister may have regard to the same issues to which the Minister may have regard in deciding whether an approval applicant for approval as a control body is suitable to be approved as a control body.

75   Show cause notice

(1)If the Minister believes a ground exists to take disciplinary action relating to the approval of a control body for its code of racing, the Minister must, subject to section 78(1)(a), give the control body a notice (a show cause notice).

(2)The show cause notice must state the following—

(a)the disciplinary action the Minister proposes taking under this division (the proposed action);

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)if the proposed action includes suspension—the proposed suspension period;

(e)if the proposed action includes varying the approval—the change that it is proposed to make to a condition stated in the approval or the new condition to which it is proposed to make the approval subject;

(f)if the proposed action includes censuring the control body—the proposed censure;

(g)an invitation to the control body to show, within a stated period (the show cause period), why the proposed action should not be taken.

(3)The show cause period must be a period ending at least 28 days after the day the show cause notice is given to the control body.

76   Consideration of representations

(1)The control body may make written representations about the show cause notice to the Minister in the show cause period.

(2)The Minister must consider all written representations (the accepted representations) made under subsection (1).

77   Immediate suspension of an approval

(1)The Minister may suspend the approval of a control body immediately if the Minister believes—

(a)a ground exists to take disciplinary action relating to the approval of the control body for its code of racing; and

(b)the circumstances are so extraordinary that it is imperative to suspend the approval immediately to ensure—

(i)the safety of persons, or the welfare of animals, at a race meeting managed by the control body; or

(ii)the public interest in the code of racing is not adversely affected.

(2)The suspension—

(a)can be effected only by the Minister giving the control body an information notice about the decision to suspend it, together with a show cause notice; and

(b)operates immediately the information notice is given to the control body; and

(c)continues to operate until the show cause notice is finally dealt with.

78   Censuring control body

(1)The Minister may censure a control body if the Minister—

(a)believes a ground exists to take disciplinary action relating to the approval of the control body but does not believe that giving a show cause notice to the control body is warranted; or

(b)after considering the accepted representations for a show cause notice, still believes a ground exists to take disciplinary action relating to the approval of a control body but does not believe disciplinary action is warranted.

(2)The censure may be effected only by the Minister giving the control body an information notice about the decision to censure it.

79   Direction to control body to rectify matter

(1)This section applies if, after considering the accepted representations for a show cause notice, the Minister—

(a)still believes a ground exists to take disciplinary action relating to the approval of a control body; and

(b)believes a matter relating to the ground to take disciplinary action is capable of being rectified and it is appropriate to give the control body an opportunity to rectify the matter.

(2)The Minister may direct the control body to rectify the matter.

(3)The direction can be effected only by the Minister giving the control body an information notice about the decision to give the direction, including the period for rectifying the matter.

(4)The period stated in the information notice must be reasonable having regard to the nature of the matter to be rectified.

(5)A control body must comply with a direction under this section within the period for rectifying the matter stated in the information notice, unless it has a reasonable excuse.

Maximum penalty—400 penalty units.

(6)The control body can not be prosecuted, or have disciplinary action relating to its approval taken against it, for the ground giving rise to the information notice unless the control body—

(a)fails to comply with the notice within the stated period; and

(b)does not have a reasonable excuse for failing to comply with the notice.

(7)The Minister’s power to give a direction to a control body under another provision of this Act is not limited by the Minister’s power to give a direction under this section.

80   Action by Minister

(1)Subject to section 79(6), this section applies if—

(a)there are no accepted representations for a show cause notice; or

(b)after considering the accepted representations for a show cause notice, the Minister still believes a ground for disciplinary action exists relating to the approval.

(2)The Minister may—

(a)if the proposed action was to suspend the approval—suspend the approval for not longer than the proposed suspension period; or

(b)if the proposed action was to vary the approval—vary the approval in the proposed way; or

(c)if the proposed action was to cancel the approval—cancel the approval or take another form of disciplinary action.

(3)More than 1 type of disciplinary action relating to the approval of a control body may be taken under this section.

(4)If the Minister decides to take action under subsection (2), the Minister must immediately give the control body an information notice about the decision.

(5)The information notice must include a direction to the control body to return the approval to the Minister, within 14 days after receiving the information notice, for relevant action by the Minister.

(6)The decision takes effect on the later of the following—

(a)the day the information notice is given to the control body;

(b)the day of effect stated in the information notice.

Part 3    Control bodies for codes of racing

Division 1 Function and powers of control bodies

81   Function of control body

The function under this Act of a control body is to manage its code of racing.

82   Powers of control body for its code of racing

(1)A control body has—

(a)the powers necessary for performing its function; and

(b)all other powers necessary for discharging the obligations imposed on the control body under this Act or another Act.

(2)Without limiting subsection (1), a control body may do any of the following for any of its codes of racing—

(a)license clubs and venues that are suitable to be licensed for the code;

(b)conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the control body’s own initiative or at the request of the Minister;

(c)investigate complaints about licence holders on the control body’s own initiative or at the request of the Minister;

(d)allocate dates on which, and places at which, race meetings are to be held for the code of racing;

(e)prepare and implement plans and strategies for developing, promoting and marketing the commercial operations of the code of racing;

(f)encourage and facilitate the development of ancillary racing activities for the code of racing, including, for example, the breeding and training of animals;

(g)distribute an amount—

(i)as prize money for races; or

(ii)to a licensed club, on conditions the control body considers appropriate, for a purpose relating to the operations of the club; or

(iii)for undertaking research and analysis for the code of racing;

(h)investigate, make decisions about and, on conditions the control body considers appropriate, allocate funding for venue development and other infrastructure relevant to the code of racing;

(i)supervise—

(i)the construction of a new racing venue; or

(ii)alterations or renovations to an existing racing venue;

(j)examine a licensed club’s constitution to determine if it complies with this Act and the relevant rules of racing;

(k)promote animal welfare and prevent animal cruelty, including ensuring adequate training is provided to participants to achieve this;

(l)publish material to inform the public, whether in Queensland or elsewhere;

(m)prepare, on its own motion or when directed by the Minister, reports and recommendations;

(n)order the audit of the books and accounts of a licensed club by a registered company auditor under the Corporations Act;

(o)enter into reciprocal arrangements with entities in other States, or in countries other than Australia, that have similar powers to the control body for recognising—

(i)the activities conducted by, or under the control of, the entities in the other States or the countries; and

(ii)another matter or thing relating to managing the code of racing;

(p)issue race information authorities under section 135(1);

(q)establish a committee or another entity that—

(i)assists the control body to perform its functions; or

(ii)provides advice to the control body about performing its functions, and performs administrative functions, for non-UBET races.

(3)To the extent a control body believes necessary or desirable for performing the control body’s function, the control body may, by notice given to a licensed club, give a direction to the club (a control body direction) relating to—

(a)the operations of the club, including, for example, matters in relation to the licensed club’s assets; or

(b)a licensed venue for which the club is the licence holder.

(4)A control body direction may require a licensed club to do something or to refrain from doing something.

(5)As mentioned in section 115(1)(a), if the licensed club is not complying, or has not complied with the control body direction, the control body may suspend or cancel the club’s licence.

(6)In this section—

non-UBET races means races on which UBET does not, or is unlikely to, offer wagering.

83   Control body may charge fees for its services

(1)A control body for a code of racing may charge fees for services it provides as part of managing its code of racing.

(2)A fee charged by the control body for a service, including matters relating to licensing, must reflect the reasonable cost to the control body of providing the service.

(3)Despite subsection (1), a control body may not charge a fee for a service provided to the Minister or the chief executive under this Act or to the commission for the purposes of the Racing Integrity Act.

Division 2 Obligations of control bodies other than for policies

84   Obligation to have racing calendar for code of racing

(1)A control body for a code of racing must prepare a program (the racing calendar) that includes the following matters for the period in relation to which the racing calendar is published (the calendar period)—

(a)the dates on which, and places at which, race meetings are to be held for the code of racing during the calendar period;

(b)information about the races to be held at each race meeting, including, for example, the length of the race, the types of animals eligible for the race and the prize;

(c)information about dates relevant for each race, including, for example, deadlines for nominating and paying nomination fees;

(d)a change to the control body’s rules of racing that take effect during the calendar period;

(e)a change to a previous racing calendar;

(f)a declaration under the Racing Integrity Act of a sporting contingency within the meaning of that Act.

(2)Without limiting subsection (1), the board must include, in the racing calendar prepared in relation to thoroughbred racing, details of the country thoroughbred race meetings to be held during the calendar period.

(3)The control body that prepares a racing calendar may amend the racing calendar if—

(a)the control body believes a licensed club is unsuitable to hold a race meeting; or

(b)a licensed club fails to comply with a control body direction given to the club under section 82(3).

(4)The control body must make the racing calendar for a calendar period available at least 7 days before the start of, and during, the calendar period.

(5)The control body may comply with subsection (4) by making the racing calendar available on its website for at least 7 days before the start of, and during, the calendar period.

(6)The control body may publish the racing calendar in, or as part of, another publication of the control body that includes other information, including, for example, advertising.

Division 3 Reporting about particular changes or events

85   Notice about change of executive officers

(1)If an executive officer of a control body resigns, or the executive officer’s appointment or employment otherwise ends, the control body must give notice about the resignation, or the end of the appointment or employment, to the chief executive under subsection (2).

(2)The notice mentioned in subsection (1) must—

(a)be in the approved form; and

(b)be given within 14 days after the resignation, or the end of the appointment or employment, of a person as an executive officer; and

(c)if, at the time of the resignation or end of the appointment or employment, the executive officer was no longer an eligible individual, include the reason why the executive officer was no longer an eligible individual.

(3)If a person is appointed or employed as an executive officer of a control body after the control body’s approval or, for the board, is appointed as an executive officer of the body after the body is established, the control body must give notice about the appointment or employment to the chief executive under subsection (4).

(4)The notice mentioned in subsection (3) must—

(a)be in the approved form; and

(b)be given within 14 days after the appointment or employment of the person as an executive officer; and

(c)state that the person is an eligible individual; and

(d)be accompanied by a consent form signed by the person that gives the person’s consent to the following—

(i)the collection of personal information about the person by or for the chief executive;

(ii)the collection of background information by or for the chief executive;

(iii)a criminal history check.

86   Notice of event resulting in executive officer no longer being an eligible individual

(1)Within 14 days after an event happening that results in an executive officer of a control body being no longer an eligible individual, the executive officer must give notice about the event to the chief executive.

Maximum penalty—40 penalty units.

(2)The notice must be in the approved form.

Division 4 Reporting generally to Minister

87   Quarterly reports

(1)A control body for a code of racing must give the Minister a report on the control body’s operations for the code for each quarter in a financial year.

Note—

As the control body for each board code of racing, the board must give the Minister 3 reports each quarter.

(2)Each quarterly report must be given to the Minister—

(a)within 6 weeks after the end of the quarter; or

(b)if another period after the end of the quarter is agreed between the control body and the Minister—within the agreed period.

(3)A quarterly report must contain the information required to be given in the report under the control body’s operational plan for the code of racing.

(4)In this section—

quarter, in a financial year, means the following periods in the year—

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

88   Control body to keep Minister informed

(1)A control body for a code of racing must keep the Minister reasonably informed of—

(a)its operations, financial performance and financial position in relation to the code; and

(b)its achievement of the objectives in its strategic and operational plans for the code.

(2)A control body for a code of racing must immediately advise the Minister of any matters that arise that, the control body considers, may—

(a)prevent or impact on the control body’s achievement of the objectives in its strategic and operational plans for the code; or

(b)significantly impact on the public confidence in the code of racing.

89   Reporting to department

(1)By notice given to a control body, the Minister may require the control body to report to the chief executive for the purposes of section 88.

(2)A control body given a requirement under subsection (1) must comply with it.

90   Other reporting requirements

Sections 87 and 88 do not limit the matters about which a control body is required to keep the Minister informed or limit the reports or information that the control body is required to give under this Act or another Act.

Division 5 Strategic and operational plans

91   Interaction of division with Financial Accountability Act 2009

(1)If something is required to be done by the board under this division as a control body for a code of racing and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009, compliance with this division is sufficient compliance with the Financial Accountability Act 2009.

(2)Otherwise, the requirements that apply under this division to the board as a control body for a code of racing are in addition to the requirements under the Financial Accountability Act 2009.

(3)If there is an inconsistency between the application of this division to the board as a control body for a code of racing and the Financial Accountability Act 2009, this division prevails to the extent of the inconsistency.

92   Control body to prepare draft strategic and operational plans

(1)Before 31 March each year, a control body for a code of racing must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the code for the next financial year.

(2)The control body and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.

93   Procedures

(1)The Minister may return a draft strategic or operational plan to the control body and ask it—

(a)to consider, or further consider, a stated thing and deal with the thing in the draft plan; and

(b)to revise the draft plan in the light of the control body’s consideration or further consideration.

(2)The control body must comply with the request as a matter of urgency.

(3)If the Minister has not agreed to the draft plan by 1 month before the start of the financial year, the Minister may, by notice, direct the control body—

(a)to take stated steps in relation to the draft plan; or

(b)to make stated modifications of the draft plan.

(4)The control body must immediately comply with the direction and include a copy of the direction in the plan.

94   Strategic or operational plan pending agreement

(1)This section applies if the Minister and a control body have not agreed to a draft strategic or operational plan before the start of a financial year.

(2)The draft plan given, or last given, by the control body to the Minister before the start of the financial year, with any modifications made by the control body, whether before or after that time, at the direction of the Minister, is taken to be the control body’s strategic or operational plan.

(3)Subsection (2) applies until a draft strategic or operational plan becomes the control body’s strategic or operational plan under section 95.

95   Strategic or operational plan on agreement

When a draft strategic or operational plan relating to a code of racing has been agreed to in writing by the Minister, it becomes the control body’s strategic or operational plan for the code for the relevant financial year.

96   Compliance with strategic and operational plans

A control body for a code of racing must comply with its strategic and operational plans for the code for the relevant financial year.

97   Modifications of strategic or operational plan

(1)A control body may modify its strategic or operational plan for a code of racing only with the written agreement of the Minister.

(2)The Minister may, by notice, direct a control body for a code of racing to modify its strategic or operational plan for the code.

98   Content of operational plan and strategic plan

A control body’s operational plan or strategic plan for a code of racing for a financial year must comply with any requirements prescribed by regulation for the plan.

Division 6 Executive officers of control body to disclose interest in licensed animals

99   Disclosure of interest in licensed animal by executive officer of control body

(1)This section applies if an executive officer of a control body is or becomes an owner of a licensed animal, whether or not the executive officer derives a financial benefit from the ownership interest.

(2)The executive officer must disclose the following information to a meeting of the relevant persons of the control body—

(a)the number of licensed animals in which the executive officer has an ownership interest and the name by which each animal is known;

(b)the code of racing for which each animal is licensed;

(c)the percentage of the executive officer’s ownership interest in each animal.

Maximum penalty—40 penalty units.

(3)The control body must—

(a)within 14 days after the disclosure, give notice about the disclosure to the Minister, the chief executive and the commission; and

(b)if any other person requests information about the disclosure, make the information available to the person.

(4)However, subsection (3) does not apply if the person who disclosed the information is no longer an executive officer of the control body.

(5)The control body may charge a fee for making information available under subsection (3)(b).

(6)A fee charged by the control body for making information available under subsection (3)(b) must not be more than the reasonable cost to the control body of making the information available.

(7)In this section—

relevant persons, of the control body, means—

(a)if the control body is the board—the members of the control body; or

(b)if the control body is an approved control body—the directors of the control body.

Part 4    [Repealed]

Division 1 [Repealed]

Division 2 [Repealed]

Division 3 [Repealed]

Division 4 [Repealed]

Part 5    [Repealed]

Division 1 [Repealed]

Division 2 [Repealed]

Division 2A [Repealed]

Division 3 [Repealed]

Chapter 3    Control bodies managing their codes of racing

Part 1    Introduction

100   Purpose of chapter

(1)The main purpose of this chapter is to provide for the way a control body may perform its function of managing its code of racing.

(2)Generally, the control body performs its function by—

(a)making policies about the management of its code of racing, including, for example, about its licensing schemes for controlling activities relating to clubs and venues and about the way in which races are to be held for its code of racing; and

(b)making rules of racing; and

(c)giving directions to licensed clubs and ensuring compliance by taking disciplinary action relating to the licence of a club that does not comply with a direction.

(3)A control body’s policies ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the policies.

101   Policies and rules of racing are statutory instruments

The policies and rules of racing made by a control body for its code of racing are statutory instruments within the meaning of the Statutory Instruments Act 1992.

Part 2    Policies

Division 1 General provisions about policies

102   Policy for code of racing

(1)A control body may make a policy for a code of racing because—

(a)the policy is required under this Act or a Ministerial direction; or

(b)the control body believes it is good management to have the policy.

(2)The control body must make a policy for a licensing scheme for its code of racing.

(3)A regulation may prescribe that a control body must make a policy for a particular matter and the provisions to be included in the policy for the matter.

103   Form of each policy

(1)A policy must state the following—

(a)its name;

(b)the date it is made by the control body;

(c)the day it takes effect;

(d)its purpose;

(e)who will be affected by it;

(f)how the control body will make decisions about matters provided for by the policy;

(g)whether or not rules of racing are to be made for the policy.

(2)A control body makes a policy when the policy is entered into the control body’s minutes as having been made by it.

(3)A policy can not take effect on a day that is earlier than the date the policy is made by the control body.

(4)If a control body wishes to amend a policy, it must make a new policy.

104   Availability of policies

(1)A control body must ensure that its policies are publicly available.

(2)Without limiting subsection (1), for each of its policies, the control body must—

(a)give a copy of the policy to the chief executive within 14 days after it makes the policy; and

(b)make the policy available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and

(c)give a copy of the policy to a person if the person asks for a copy.

(3)If a control body charges for copies of its policies, the control body is not required under subsection (2)(c) to give a person a copy of the policy without charging the person.

105   Application of policy

To remove any doubt, it is declared that a policy may apply to a club or venue even though it was not licensed when the policy was made.

Division 2 Policy about licensing scheme

106   Purposes of control body’s licensing scheme

The purposes of a control body’s licensing scheme for its code of racing are to ensure—

(a)the integrity of licensed clubs; and

(b)the suitability of venues to conduct racing activities for its code.

107   Control body’s policy for a licensing scheme

(1)In developing the control body’s policy for its licensing scheme, the control body must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme.

(2)The control body’s policy for its licensing scheme must provide for all of the following matters—

(a)the licences the control body may issue for its code of racing, including identifying the activities for which a licence is required;

(b)the way a licence may be applied for, having regard to section 108;

(c)the criteria for each type of licence including appropriate qualifications for, and disqualifications from, obtaining the licence;

(d)the way the control body will deal with an application for a licence, including the applicant’s right to make further representations relating to the application;

(e)the grant, issue and form of a licence, including, for example, whether the licence is to include a photograph of the licensee;

(f)giving an information notice for a decision relating to an application;

(g)the duration of a licence, its renewal and the procedure for surrendering it;

(h)how and when the suitability of licensed clubs and venues will be audited to decide if a licensed club or venue continues to be suitable to be licensed;

(i)the grounds for taking disciplinary action relating to a licence in relation to matters dealt with in the control body’s rules of racing or as mentioned in subsection (5);

(j)when and how a licence may be immediately suspended in order to protect the safety of persons;

(k)how disciplinary action relating to a licence, other than immediate suspension, must be taken including the following—

(i)the procedure for giving a licence holder notice of the grounds for taking the disciplinary action;

(ii)the proposed action;

(iii)the way the licence holder may make representations about the proposed action;

(l)keeping a register of licences and correcting the register;

(m)exhibiting and producing a licence;

(n)replacing a lost licence;

(o)requiring a licence holder to give the control body notice of—

(i)a change of address; or

(iii)if the licence holder is a corporation—a change to the corporation’s executive officers;

(p)appointing the control body’s officials, their functions and powers and issuing identity cards to them;

(q)serving notices on licence holders.

(3)Without limiting subsection (1), the control body’s policy for its licensing scheme may provide for the following matters—

(a)whether an applicant for a licence should be required to give notice about the application by advertisement in a newspaper, in another publication or by a sign placed on land, because of the particular nature of the licence;

(b)whether there should be provision for provisional or temporary licences;

(b)an appeal that is made or may be made by the commission on or after the commencement in relation to a decision of a constituted board that is an appellable decision to which part 5, division 2 applies, other than an appellable decision relating to a club or venue.

(2)For an appeal mentioned in subsection (1), the commission takes the place of the relevant control body for the appellable decision.

(3)For subsection (2), the relevant control body must give the commission all documents and information that the commission requests.

(4)Previous chapter 5 continues to apply to the commission and QCAT for the appeal.

223   Continuation of ch 5

For the purpose of the continuation of previous chapter 5 to a matter as mentioned in this part, the previous chapter is taken not to have been repealed.

Part 7    Provisions relating to offences before commencement

224   Act previously in force to apply to offences

(1)This section applies if the pre-amended Act made an act or omission an offence.

(2)If the act or omission happened before the commencement, the pre-amended Act continues to apply in relation to the act or omission as if the pre-amended Act had not been amended.

(3)In relation to the act or omission, a person may be charged after the commencement for the offence against the pre-amended Act.

(4)If a person is convicted after the commencement of the offence (regardless of when the person was charged with the offence), the person can not be punished to any greater extent than was authorised under the pre-amended Act.

(5)Subsections (2) to (4) apply even if, after the commencement, doing the act or omitting to do the act under the same circumstances would not constitute an offence against this Act or another Act.

(6)Subsections (2) to (5) apply despite the Criminal Code, section 11 but do not limit the Racing Integrity Act, sections 272 and 273.

Part 8    [Expired]

Chapter 9    Transitional and validating provisions for Agriculture and Other Legislation Amendment Act 2020

225   Application of s 113A for all purposes and validation of relevant acts

(1)Without limiting the standard, section 113A is taken to have applied from the expiry of the Racing (Transitional) Regulation 2016 for all purposes, including for the purpose of any of the following that has been done, or is done, under this Act—

(a)appointing starters and judges;

(b)regulating matters relating to breeding;

(c)issuing warning off notices;

(d)licensing bookmakers;

(e)prohibiting substances;

(f)licensing animals.

Note—

The Racing (Transitional) Regulation 2016 expired on 1 July 2017.

(2)The standard expires on the commencement.

(3)In this section—

standard means the standard called ‘Powers under the Rules of Racing: A standard to clarify the powers and functions under the Rules of Racing in accordance with the provisions of the Racing Act 2002 and Racing Integrity Act 2016’ made by the commission under section 58(1)(b) of the Racing Integrity Act and dated 1 July 2017.

226   Validation of particular acts and omissions done before commencement

(1)An act done, or omission made, under this Act in the relevant period, is declared to be, and to have always been, as valid and lawful as it would have been if section 113A were in force at the time of the act or omission.

(2)In this section—

relevant period means the period starting on 1 July 2017 and ending on the commencement.

Chapter 10    Transitional provisions for Betting Tax and Other Legislation Amendment Act 2022

227   Definitions for chapter

In this chapter—

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

transitional period means the period—

(a)starting on 1 December 2022; and

(b)ending on 30 June 2023.

228   Funding of country thoroughbred race meetings for 2022–2023 financial year

New section 12 applies in relation to the financial year starting on 1 July 2022 as if—

(a)the references in new section 12(1) and (2) to a financial year were references to the transitional period; and

(b)the reference in new section 12(1) to the Betting Tax Act 2018, section 59B were a reference to the Betting Tax Act 2018, section 59B as applied under section 72 of that Act.

229   Particular amounts of net UBET product fee taken to be paid under new s 12

(1)This section applies if, during the pre-commencement period, the board paid an amount under former section 12(1).

(2)The amount is taken to have been applied by the board under new section 12(2) during the transitional period.

(3)In this section—

pre-commencement period means the period—

(a)starting on 1 July 2022; and

(b)ending on 30 November 2022.

230   Reporting on country thoroughbred race meetings in annual report for 2022–2023 financial year

New section 44A(2) applies in relation to the annual report for the financial year starting on 1 July 2022 as if the references in new section 44A(2)(a) and (b) to the financial year were references to the transitional period.

230A   [Repealed]

231   Obligation to amend existing racing calendars for thoroughbred racing

(1)This section applies if, immediately before the commencement, the board—

(a)had prepared a relevant racing calendar but had not made it available under former section 84; or

(b)was making a relevant racing calendar available under former section 84.

(2)The board must, as soon as practicable after the commencement, amend the relevant racing calendar to include details of the country thoroughbred race meetings to be held during the part of the calendar period that is after the commencement.

(3)The board is taken to comply with new section 84(4) in relation to the relevant racing calendar as amended under subsection (2) (the amended racing calendar) if the board—

(a)makes the amended racing calendar available on its website as soon as practicable after the relevant racing calendar is amended under subsection (2); and

(b)keeps the amended racing calendar available on its website from the day it is made available under paragraph (a) until the end of the calendar period.

(4)In this section—

calendar period see section 84(1).

relevant racing calendar means a racing calendar prepared in relation to thoroughbred racing for a calendar period ending after the commencement.

232   [Repealed]

233   [Repealed]

234   [Repealed]

235   [Repealed]

236   [Repealed]

237   [Repealed]

238   [Repealed]

239   [Repealed]

240   [Repealed]

241   [Repealed]

242   [Repealed]

242A   [Repealed]

242B   [Repealed]

243   [Repealed]

244   [Repealed]

245   [Repealed]

246   [Repealed]

247   [Repealed]

248   [Repealed]

248A   [Repealed]

248B   [Repealed]

248C   [Repealed]

248D   [Repealed]

248E   [Repealed]

248F   [Repealed]

248G   [Repealed]

248H   [Repealed]

248I   [Repealed]

248J   [Repealed]

248K   [Repealed]

248L   [Repealed]

248M   [Repealed]

249   [Repealed]

250   [Repealed]

251   [Repealed]

252   [Repealed]

253   [Repealed]

254   [Repealed]

255   [Repealed]

256   [Repealed]

257   [Repealed]

258   [Repealed]

259   [Repealed]

260   [Repealed]

261   [Repealed]

262   [Repealed]

263   [Repealed]

264   [Repealed]

265   [Repealed]

266   [Repealed]

267   [Repealed]

268   [Repealed]

269   [Repealed]

270   [Repealed]

271   [Repealed]

272   [Repealed]

273   [Repealed]

274   [Repealed]

275   [Repealed]

276   [Repealed]

277   [Repealed]

278   [Repealed]

279   [Repealed]

280   [Repealed]

281   [Repealed]

282   [Repealed]

283   [Repealed]

284   [Repealed]

285   [Repealed]

286   [Repealed]

287   [Repealed]

288   [Repealed]

289   [Repealed]

290   [Repealed]

291   [Repealed]

292   [Repealed]

293   [Repealed]

294   [Repealed]

295   [Repealed]

296   [Repealed]

297   [Repealed]

298   [Repealed]

299   [Repealed]

300   [Repealed]

301   [Repealed]

302   [Repealed]

303   [Repealed]

304   [Repealed]

305   [Repealed]

306   [Repealed]

307   [Repealed]

308   [Repealed]

309   [Repealed]

314   [Repealed]

315   [Repealed]

316   [Repealed]

317   [Repealed]

318   [Repealed]

320   [Repealed]

321   [Repealed]

322   [Repealed]

323   [Repealed]

324   [Repealed]

325   [Repealed]

326   [Repealed]

333   [Repealed]

339   [Repealed]

340   [Repealed]

341   [Repealed]

342   [Repealed]

344   [Repealed]

345   [Repealed]

346   [Repealed]

347   [Repealed]

348   [Repealed]

349   [Repealed]

352   [Repealed]

352A   [Repealed]

357   [Repealed]

358   [Repealed]

359   [Repealed]

360   [Repealed]

361   [Repealed]

362   [Repealed]

363   [Repealed]

364   [Repealed]

365   [Repealed]

366   [Repealed]

367   [Repealed]

368   [Repealed]

369   [Repealed]

370   [Repealed]

371   [Repealed]

372   [Repealed]

373   [Repealed]

374   [Repealed]

375   [Repealed]

376   [Repealed]

377   [Repealed]

378   [Repealed]

379   [Repealed]

380   [Repealed]

381   [Repealed]

382   [Repealed]

383   [Repealed]

384   [Repealed]

385   [Repealed]

386   [Repealed]

387   [Repealed]

388   [Repealed]

389   [Repealed]

390   [Repealed]

391   [Repealed]

392   [Repealed]

393   [Repealed]

394   [Repealed]

395   [Repealed]

396A   [Repealed]

397   [Repealed]

398   [Repealed]

399   [Repealed]

400   [Repealed]

401   [Repealed]

402   [Repealed]

403   [Repealed]

404   [Repealed]

405   [Repealed]

406   [Repealed]

407   [Repealed]

408   [Repealed]

409   [Repealed]

410   [Repealed]

411   [Repealed]

413   [Repealed]

414   [Repealed]

415   [Repealed]

416   [Repealed]

419   [Repealed]

420   [Repealed]

421   [Repealed]

422   [Repealed]

424   [Repealed]

426   [Repealed]

428   [Repealed]

429   [Repealed]

430   [Repealed]

431   [Repealed]

432   [Repealed]

436   [Repealed]

437   [Repealed]

438   [Repealed]

439   [Repealed]

441   [Repealed]

442   [Repealed]

443   [Repealed]

444   [Repealed]

446   [Repealed]

447   [Repealed]

448   [Repealed]

449   [Repealed]

454   [Repealed]

455   [Repealed]

456   [Repealed]

459   [Repealed]

Schedule 1 Dictionary

section 5

accepted representations, for chapter 2, see section 76(2).

Act document, for chapter 5, part 1, division 1, see section 148.

advertising notice see section 48(2)(a).

affected by bankruptcy action, in relation to an individual, means the individual is insolvent under administration.

animal welfare offence means an animal welfare offence under the Racing Integrity Act.

application code, in relation to an approval application, means the proposed code of racing stated in the application.

approval, in relation to an approval applicant, means the Minister’s approval of the approval applicant.

approval applicant means the applicant named in an approval application as the applicant.

approval application means an application under section 45(1) for approval of a corporation as the control body for an application code.

approval effect day, in relation to a control body, means the day stated in the Minister’s approval as the day on which the approval takes effect.

approved control body means a corporation given a Minister’s approval.

approved form means a form approved under section 164.

assessment report means a report under section 53(2) or 54(3) about an approval application or approval applications.

at, a place, includes in and on the place.

background document, for chapter 5, part 1, division 1, see section 148.

betting exchange, for chapter 3, part 6, see section 132.

betting meeting means a meeting held by a licensed club at a licensed venue under the control of a control body, but at which no race is held.

board means the Racing Queensland Board established under section 6.

board code of racing see section 7.

bookmaking means the business of receiving or negotiating bets and includes the settlement of bets.

business address, of a control body, means the business address of the control body as stated in its approval.

business associate—

(a)means—

(i)for an approval application—a person whom the chief executive believes will, if the approval applicant is approved as a control body, be associated with the ownership or management of the operations of the control body; or

(ii)for a corporation approved as a control body—a person whom the chief executive believes is associated with the ownership or management of the operations of the corporation as a control body; and

(b)includes, for any other corporation—an executive officer of the corporation.

chairperson means the chairperson of the board.

chief executive officer means the chief executive officer of the board.

closure date see section 49(2).

club means either of the following that has, as part of its objects, the object of promoting animal racing of a particular breed or type of animal—

(a)a corporation registered under the Corporations Act;

(b)an incorporated association under the Associations Incorporation Act 1981.

code of racing means any of the following—

(a)thoroughbred racing;

(b)harness racing;

(c)greyhound racing;

(d)another code of racing stated in a Minister’s approval.

commission means the Queensland Racing Integrity Commission established under the Racing Integrity Act.

confidential information, for chapter 5, part 1, division 1, see section 148.

control body means—

(a)an approved control body; or

(b)the board.

control body direction see section 82(3).

control body form means a form approved by a control body for its code of racing.

control body officer, for chapter 5, part 1, division 1, see section 148.

conviction, of an offence, means being found guilty of the offence, on a plea of guilty or otherwise, whether or not a conviction is recorded.

copy, for chapter 5, part 1, division 1, see section 148.

court, for chapter 5, part 1, division 1, see section 148.

criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and—

(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and

(b)despite section 5 of that Act, includes a charge made against the person for an offence.

criminal organisation ...

deal with, an asset, for chapter 3, part 5, division 4, see section 127.

decision-maker, for an original decision, see section 141(2).

deputy chairperson means the deputy chairperson of the board.

disciplinary action, relating to a Minister’s approval or licence, means 1 or more of the following—

(a)cancelling the approval or licence;

(b)suspending the approval or licence for a stated period;

(c)varying the approval or licence in either of the following ways, except if the variation is made as the result of an application of the control body or licence holder—

(i)changing a condition stated in the approval or licence to which it is subject;

(ii)stating a new condition to which the approval or licence is to be subject.

dispose, for chapter 3, part 5, division 4, see section 127.

disqualifying conviction means either of the following—

(a)a conviction, whether or not a spent conviction, for an offence against—

(i)this Act, the Racing Integrity Act or the repealed Act; or

(ii)a law of another State, that is prescribed by regulation as a law about racing or betting;

(b)a conviction for an indictable offence against another Act or law, other than an irrelevant spent conviction.

document or information request, for chapter 3, part 6, see section 136.

eligible corporation means a corporation that—

(a)is registered under the Corporations Act; and

(b)has a constitution under the Corporations Act that, at all times, requires—

(i)at least 3 directors; and

(ii)the persons appointed or employed as executive officers of the corporation to be eligible individuals; and

(c)has not, at any time, had a licence cancelled under this Act or the Racing Integrity Act.

eligible individual means a person who—

(a)is not affected by bankruptcy action; and

(b)does not have a disqualifying conviction; and

(c)is not subject to an exclusion action; and

(d)is not licensed by, or is not an executive officer of a corporation that is licensed by, the commission; and

(e)is not a member of a committee, or employee, of—

(i)a licensed club; or

(ii)an association formed in Australia to promote the interests of 1 or more participants in a code of racing; and

(f)is not disqualified from managing corporations, under the Corporations Act, part 2D.6; and

(g)has not, at any time, had a licence cancelled under this Act or the Racing Integrity Act.

exclusion action, relating to a person, means—

(a)for an action taken by a control body against the person—naming the person on a list that—

(i)is kept under the control body’s rules of racing and identifies persons whose entitlements under the rules are forfeited; and

(ii)is, from time to time, published in the control body’s racing calendar; or

(b)for an action taken by the commission against the person—warning off the person from entering, or remaining at, a licensed venue, or other place at which trials are or are to be conducted, when the licensed venue or place is being used for a control body’s code of racing.

executive associate means—

(a)for an approval application—an executive officer of a corporation, a partner, a trustee, or another person stated by the chief executive, whom the chief executive believes will, if the approval applicant is approved as a control body, be associated with the ownership or management of the operations of the control body; or

(b)for a corporation approved as a control body—an executive officer of the corporation, a partner, a trustee, or another person stated by the chief executive, whom the chief executive believes is associated with the ownership or management of the operations of the corporation as a control body.

executive officer means—

(a)of a corporation—a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation or the person’s position is given the name of executive officer; or

(b)of the board—a member, the chief executive officer or another person who is concerned with, or takes part in, the board’s management.

exercise control, by the commission at a licensed venue, see the Racing Integrity Act.

forge, for chapter 5, part 1, division 1, see section 148.

holding company, in relation to a body corporate, see the Corporations Act, section 9.

identified participant ...

indictable offence includes an indictable offence dealt with summarily.

information notice, about a decision, means a notice stating the following—

(a)the decision;

(b)the date of the decision;

(c)the date the decision takes effect;

(d)the reasons for the decision;

(e)for a decision that is an original decision—how a person to whom the notice is given may apply for an internal review of the decision within 14 days after the person receives the notice.

interested person, for an original decision, see section 142.

internal review application means an application under section 144 for an internal review of an original decision.

internal review decision see section 146(1)(b).

licence means—

(a)a licence under the Racing Integrity Act in relation to—

(i)an animal that is suitable for racing in a code of racing; or

(ii)a person who is suitable to be a participant in a code of racing, including, for example, as the owner of an animal or as a racing bookmaker, racing bookmaker’s clerk, rider, stable supervisor, stablehand or trainer; or

(b)a licence under this Act in relation to—

(i)a club that is suitable to be licensed for a code of racing; or

(ii)a venue that is suitable for race meetings for a code of racing.

licence holder means—

(a)for an animal or place—the person stated in the licence as the holder of the licence; or

(b)otherwise—the person who is licensed.

licensed means—

(a)for a club or venue—licensed by a control body under this Act; or

(b)otherwise—licensed by the commission under the Racing Integrity Act.

licensed animal means—

(a)an animal that is licensed by the commission for a code of racing; or

(b)an animal that a person presents at a licensed venue, another place where a trial for licensed animals is or is to be held or any other place, as if the animal were a licensed animal.

licensed club means a club licensed by a control body to hold race meetings for its code of racing.

licensed venue means a place licensed by a control body as a place at which a race meeting may be held by a licensed club for its code of racing.

licensed wagering operator, for chapter 3, part 6, see section 131.

manage—

(a)in relation to a code of racing or application code in an approval application, includes—

(i)regulating activities associated with the code or application code; and

(ii)prohibiting some activities, or aspects of an activity, associated with the code or application code; or

(b)in relation to a licensed venue by a control body, means the control body that licensed the venue has included the contest, contingency, event or race meeting to be held at the venue in the control body’s racing calendar.

member means a member of the board.

Ministerial direction means a direction given by the Minister to—

(a)the board under section 44; or

(b)an approved control body under section 71.

Minister’s approval means an approval as a control body given by the Minister to an approval applicant under section 61.

money includes—

(a)bank notes, coins, bank drafts, marketable securities, cheques and other orders, warrants, authorities or requests for the payment of money; and

(b)an acknowledgement, note or other thing purporting or intended to entitle the bearer or another person to money or money’s worth.

non-industry member see section 14(1)(a).

non-proprietary club means a club with a constitution that does both of the following—

(a)provides for the application of all of the club’s profits and other income to the promotion of the club’s objects;

(b)prohibits the payment of dividends to the members of the club.

non-proprietary entity, for chapter 3, part 5, division 4, see section 127.

notice means a written notice.

objector see section 50(1).

operational plan means a control body’s operational plan under chapter 2, part 3, division 5.

original decision see section 141(1).

participant means a person involved with a code of racing, other than—

(a)a club; or

(b)a person who participates merely by doing either or both of the following—

(i)attending a race meeting;

(ii)placing a bet with a racing bookmaker, within the meaning of the Racing Integrity Act, at a race meeting.

place includes land and premises.

police commissioner ...

policy means a policy made by a control body for its code of racing under chapter 3, part 2.

premises includes—

(a)a building or structure, or part of a building or structure, of any type; and

(b)a group of buildings or structures, or part of a group of buildings or structures, of any type.

principal racing authority, for chapter 3, part 6, see section 131.

proposed action, for chapter 2, see section 75(2)(a).

Queensland race information, for chapter 3, part 6, see section 131.

race means a contest, contingency or event managed by a control body in which 2 or more licensed animals compete against each other for the purpose of providing a contest, contingency or event on which bets may be made.

race information authority, for chapter 3, part 6, see section 131.

race meeting means—

(a)a meeting for conducting racing of licensed animals; or

(b)a betting meeting.

racing calendar see section 84(1).

racing-industry member see section 14(1)(b).

Racing Integrity Act means the Racing Integrity Act 2016.

regulation condition see section 66(1).

relevant control body, for chapter 3, part 5, division 4, see section 127.

repealed Act means the Racing and Betting Act 1980.

review notice see section 146(1)(c).

rider, of an animal, includes—

(a)the driver of the animal; and

(b)the jockey for the animal.

rules of racing means the rules of racing, as in force from time to time, of a control body for its code of racing, as required under section 111(1).

show cause notice—

(a)for chapter 2, part 2, division 8—see section 75(1); or

(b)for chapter 3, part 4—see section 116(1).

show cause period—

(a)for chapter 2, part 2, division 8—see section 75(2)(g); or

(b)for chapter 3, part 4—see section 116(2)(e).

spent conviction ...

staff, in relation to a control body, means persons employed by the control body in any capacity.

strategic plan means a control body’s strategic plan under chapter 2, part 3, division 5.

substantial holding see the Corporations Act, section 9.

totalisator, for chapter 3, part 6, see section 131.

trial means a contest, contingency or event managed by a control body, and controlled by the commission, for testing or training licensed animals, but is not a contest, contingency or event on which bets may be made.

UBET means UBET Qld Limited ACN 085 691 738.

unsuitable corporation ...

venue includes a track.

wagering monitoring system, for chapter 3, part 6, see section 131.

wagering operator, for chapter 3, part 6, see section 131.

welfare, of an animal, means issues about the health, safety or wellbeing of the animal.

Schedule 1 [Repealed]

Part 1    [Repealed]

1   [Repealed]

Part 2    [Repealed]

11   [Repealed]

11A   [Repealed]

11AA   [Repealed]

11C   [Repealed]

11D   [Repealed]

11E   [Repealed]

11F   [Repealed]

11FA   [Repealed]

11FB   [Repealed]

11G   [Repealed]

11I   [Repealed]

11J   [Repealed]

11K   [Repealed]

12   [Repealed]

12A   [Repealed]

12B   [Repealed]

12C   [Repealed]

12D   [Repealed]

12E   [Repealed]

12F   [Repealed]

12G   [Repealed]

12H   [Repealed]

12I   [Repealed]

13   [Repealed]

14   [Repealed]

15   [Repealed]

15A   [Repealed]

Part 3    [Repealed]

35   [Repealed]

36   [Repealed]

41   [Repealed]

42   [Repealed]

43   [Repealed]

44   [Repealed]

45   [Repealed]

46   [Repealed]

47   [Repealed]

47A   [Repealed]

48   [Repealed]

50   [Repealed]

53   [Repealed]

54   [Repealed]

54A   [Repealed]

Part 4    [Repealed]

76   [Repealed]

77   [Repealed]

82   [Repealed]

83   [Repealed]

84   [Repealed]

85   [Repealed]

86   [Repealed]

87   [Repealed]

88   [Repealed]

88A   [Repealed]

89   [Repealed]

91   [Repealed]

94   [Repealed]

95   [Repealed]

95A   [Repealed]

Part 5    [Repealed]

132   [Repealed]

Schedule 2 [Expired]

Schedule 3 [Repealed]

accepted appeal ...

accepted representations ...

accepted undertaking ...

accreditation application ...

accreditation certificate ...

accreditation holder ...

accredited analyst ...

accredited facility ...

accredited veterinary surgeon ...

Act document ...

advertising notice ...

affected by bankruptcy action ...

aggrieved person ...

agreement ...

all-codes board ...

allotted ...

analyse ...

appeal chairperson ...

appeal committee ...

appellable decision ...

application code ...

application for a licence ...

appropriately qualified ...

approval ...

approval applicant ...

approval application ...

approval effect day ...

approved control body ...

approved form ...

approved place ...

assessment report ...

at ...

authorised officer ...

background document ...

bet ...

betting meeting ...

board chairperson ...

board code of racing ...

board meeting ...

board member ...

bookmaking ...

business address ...

business associate ...

candidate ...

certificate holder ...

certified copy ...

chairperson ...

closure date ...

club ...

code of racing ...

code of racing, in relation to a control body ...

code substance ...

commencement ...

commissioner ...

committee ...

committee member ...

compliance officer ...

condition ...

conduct ...

confidential information ...

constituted board ...

container ...

continuing control body ...

control board ...

control body ...

control body associate ...

control body direction ...

control body form ...

control body officer ...

conviction ...

copy ...

corresponding new control body ...

council ...

council member ...

country racing association ...

court ...

criminal history ...

criminal organisation ...

deal ...

deal with ...

decision ...

deputy chairperson ...

deputy tribunal chairperson ...

director ...

disciplinary action ...

disciplinary board ...

dispose ...

disqualifying conviction ...

drug ...

drug control ...

electoral commissioner ...

eligibility certificate ...

eligible corporation ...

eligible individual ...

employ ...

exclusion action ...

executive associate ...

executive officer ...

expert ...

facsimile warrant ...

forge ...

former board ...

former control body ...

gaming commission ...

gaming executive ...

gaming executive form ...

Greyhound Authority ...

Harness Racing Board ...

holding company ...

identified participant ...

illegal betting place ...

indictable offence ...

information notice ...

integrity board ...

integrity officer ...

Intercode Agreement ...

interfere with ...

irrelevant spent conviction ...

keep ...

licence ...

licence holder ...

licensed ...

licensed animal ...

licensed club ...

licensed executive officer ...

licensed venue ...

liquor ...

manage ...

mandatory condition ...

member ...

member club ...

Ministerial direction ...

Minister’s approval ...

money ...

national police certificate ...

net UNiTAB product fee ...

new control body ...

new greyhound control body ...

new harness control body ...

new thoroughbred control body ...

nominated person ...

non-industry member ...

non-proprietary club ...

non-proprietary entity ...

non-TABQ clubs ...

non-TABQ races ...

non-TABQ thoroughbred club ...

non-TABQ thoroughbred race ...

notice ...

notice of appeal ...

notice of results ...

objector ...

occupier ...

offcourse approval ...

official ...

owner ...

participant ...

party ...

place ...

place of seizure ...

police commissioner ...

policy ...

possess ...

premises ...

presiding case manager ...

product fee ...

prohibited thing ...

proposed action ...

proposed code of racing ...

proposed facility ...

public place ...

QCAT information notice ...

QCAT registrar ...

qualified person ...

Queensland Regional Racing Council ...

race ...

race meeting ...

Racing Appeals Tribunal ...

racing association ...

racing bookmaker ...

racing bookmaker’s clerk ...

racing bookmaker’s clerk licence ...

racing bookmaker’s licence ...

racing calendar ...

racing contingency ...

racing-industry member ...

Racing Integrity Commissioner ...

referred appeal ...

registrar ...

regulation condition ...

relevant control body ...

relevant control body, for an accepted appeal ...

relocated provision ...

repealed Act ...

rider ...

rules of racing ...

sample ...

secondary facility ...

secretary ...

show cause notice ...

show cause period ...

spent conviction ...

sporting contingency ...

staff ...

steward ...

substance ...

substantial holding ...

TABQ ...

take ...

telecommunications system ...

thing ...

thoroughbred control body ...

thoroughbred entity ...

Thoroughbred Racing Board ...

trial ...

tribunal ...

tribunal chairperson ...

tribunal member ...

unsuitable corporation ...

use ...

vehicle ...

venue ...

veterinary surgeon ...

warrant form ...

welfare ...