Racing Amendment Act 2022 (Vic)
Racing Amendment Act 2022
No. 2 of 2022
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
3Principal Act
Part 2—Amendment of Racing Act 1958
4Definitions—section 3
5Holding of race-meetings
6Race-meetings on ANZAC Day
7Section 36 repealed
8New section 37AB inserted
9Powers of the Racing Integrity Commissioner conducting an inquiry
10Disclosure of information
11Procedure on completion of investigation of public interest complaint
12Definitions—section 38
13Registration etc. of clubs, horses and persons participating in harness racing
14Section 50 repealed
15Definitions—section 50A
16New section 50JA inserted
17Section 50ZL repealed
18Definitions—section 51
19Section 68 repealed
20Heading to section 69 inserted
21Section 83 repealed
22Section 83OG repealed
23Definitions—section 84
24Section 95 repealed
25New section 95HA inserted
26New section 95MA inserted
27New section 95VA inserted
28New Part XI inserted
29Statute law revision
Part 3—Repeal of this Act
30Repeal of this Act
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Endnotes
1 General information
Racing Amendment Act 2022
No. 2 of 2022
[Assented to 15 February 2022]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The purposes of this Act are—
(a)to enable racing on Good Friday; and
(b)to remove the requirement for thoroughbred racing clubs to obtain Ministerial approval to conduct a race meeting on ANZAC Day; and
(c)to enable the Minister to appoint a person to act as the Racing Integrity Commissioner on a short-term basis; and
(d)to enable the Board of Harness Racing Victoria to appoint administrators of harness racing clubs; and
(e)to improve the operation of the Victorian Racing Integrity Board; and
(f)to make minor and technical amendments.
2Commencement
This Act comes into operation on the day after the day on which it receives the Royal Assent.
3Principal Act
In this Act, the Racing Act 1958 is called the Principal Act.
Part 2—Amendment of Racing Act 1958
4Definitions—section 3
In section 3(1) of the Principal Act insert the following definitions—
"Greyhound Racing Victoria means the body corporate in that name established by section 69;
Harness Racing Victoria means the body corporate in that name established by section 39;".
5Holding of race-meetings
In section 6(3) of the Principal Act omit "or Good Friday".
6Race-meetings on ANZAC Day
In section 22A(1)(b) of the Principal Act, for "the Minister" substitute "Racing Victoria".
7Section 36 repealed
Section 36 of the Principal Act is repealed.
8New section 37AB inserted
After section 37A of the Principal Act insert—
"37AB Acting appointments
(1)The Minister may appoint a person to act as the Racing Integrity Commissioner for a period not exceeding 3 months—
(a)if the office of the Racing Integrity Commissioner is vacant; or
(b)during any period, or during all periods, when the Racing Integrity Commissioner holds office and is absent or unable to perform the duties of the Racing Integrity Commissioner for any reason.
(2)A person who is acting as the Racing Integrity Commissioner in accordance with subsection (1) may—
(a)exercise all the powers of the Racing Integrity Commissioner; and
(b)perform all the duties and functions of the Racing Integrity Commissioner.".
9Powers of the Racing Integrity Commissioner conducting an inquiry
In section 37BA(3) of the Principal Act—
(a)in paragraph (b) omit "constituted under Part II";
(b)in paragraph (c) omit "established under Part III".
10Disclosure of information
After section 37E(1)(c) of the Principal Act insert—
"(ca)the Integrity Board; or".
11Procedure on completion of investigation of public interest complaint
(1)In section 37P(1) of the Principal Act—
(a)after paragraph (a)(i) insert—
"(ia)the Integrity Board; and";
(b)after paragraph (b)(i) insert—
"(ia)the Integrity Board; or".
(2)In section 37P(2)(a) and (3) of the Principal Act, after "Minister" insert "and the Integrity Board".
12Definitions—section 38
In section 38(1) of the Principal Act—
(a)in the definition of Board, omit "constituted under this Part";
(b)the definition of regulations is repealed.
13Registration etc. of clubs, horses and persons participating in harness racing
(1)In section 45(3) of the Principal Act, for "The Minister, on the recommendation of the Board," substitute "The Board".
(2)In section 45(5) of the Principal Act, for "appointed, the Minister, after consultation with the Board," substitute "appointed, the Board".
14Section 50 repealed
Section 50 of the Principal Act is repealed.
15Definitions—section 50A
In section 50A(1) of the Principal Act, the definitions of Greyhound Racing Victoria and Harness Racing Victoria are repealed.
16New section 50JA inserted
After section 50J of the Principal Act insert—
"50JA Validity of decisions
An act or a decision of the Victorian Racing Tribunal is not invalid by reason only of—
(a)a defect or an irregularity in, or in connection with, the appointment of a member; or
(b)a vacancy in the office of a member.".
17Section 50ZL repealed
Section 50ZL of the Principal Act is repealed.
18Definitions—section 51
In section 51(1) of the Principal Act, in the definition of Board, omit "established under this Part".
19Section 68 repealed
Section 68 of the Principal Act is repealed.
20Heading to section 69 inserted
Insert the following heading to section 69 of the Principal Act—
"Greyhound Racing Victoria".
21Section 83 repealed
Section 83 of the Principal Act is repealed.
22Section 83OG repealed
Section 83OG of the Principal Act is repealed.
23Definitions—section 84
In section 84 of the Principal Act, the definitions of prescribed and regulations are repealed.
24Section 95 repealed
Section 95 of the Principal Act is repealed.
25New section 95HA inserted
After section 95H of the Principal Act insert—
"95HA Integrity Board may delegate certain functions to Chairperson or Deputy Chairperson
The Integrity Board may delegate—
(a)the function set out in section 95H(1)(d) to the Chairperson or the Deputy Chairperson with knowledge of the racing code to which a policy or procedure referred to in that section relates; or
(b)the function set out in section 95H(1)(e) to the Chairperson or the Deputy Chairperson with knowledge of the racing code to which the rules of racing referred to in that section relate; or
(c)the function set out in section 95H(1)(f) to the Chairperson or the Deputy Chairperson with knowledge of the racing code to which the complaint referred to in that section relates; or
(d)the function set out in section 95H(1)(l) to the Chairperson or the Deputy Chairperson with knowledge of the racing code to which the direction referred to in that section relates.".
26New section 95MA inserted
After section 95M of the Principal Act insert—
"95MA Protection from liability for Integrity Board members
(1)A member of the Integrity Board is not personally liable for anything done or omitted to be done in good faith—
(a)in the exercise of a power or performance of a function under this Act; or
(b)in the reasonable belief that the act or omission was in the exercise of a power or performance of a function under this Act.
(2)Any liability resulting from an act or omission that, but for subsection (1), would attach to the member attaches instead to the State.".
27New section 95VA inserted
After section 95V of the Principal Act insert—
"95VA Regulations
(1)The Governor in Council may make regulations for or with respect to the following—
(a)licences and permits under Part I, including applications for such licences and permits;
(b)prescribing fees for permits under Part I;
(c)prescribing the returns to be lodged and the periods within which such returns are to be lodged by promoters of greyhound races with the Minister;
(d)prescribing the form of notice that may be issued under section 50S;
(e)prescribing the form and content of the register kept under Part IIIB;
(f)prescribing forms;
(g)prescribing penalties not exceeding 5 penalty units for any contravention of the regulations;
(h)any other matter or thing required or permitted by this Act to be prescribed or necessary to be prescribed to give effect to this Act.
(2)The regulations may—
(a)be of general or limited application; and
(b)differ according to time, place or circumstance; and
(c)confer a discretionary authority or impose a duty on a specified person or body or a specified class of person or body; and
(d)apply, adopt or incorporate any matter contained in any document, whether—
(i)wholly or partially; or
(ii)amended by the regulations; or
(iii)in force at a particular time or as in force from time to time.
(3)The regulations may confer or impose on Harness Racing Victoria such powers and duties as are required or necessary to give effect to Part II, including the power to make rules for or with respect to the matters set out in section 49.
(4)The regulations may confer or impose on Greyhound Racing Victoria such powers and duties as are required or necessary to give effect to Division 3 of Part III, including the power to make rules for or with respect to the matters set out in section 82.".
28New Part XI inserted
After Part X of the Principal Act insert—
"Part XI—Transitional provisions—Racing Amendment Act 2022
111Saving of regulations
(1)Despite the repeal of section 36 by the Racing Amendment Act 2022, the Racing (Specified Race-course) Regulations 2016, as in force immediately before that repeal—
(a)are taken to remain in force during the period beginning on that repeal and ending on the earlier of—
(i)13 September 2026; or
(ii)if the regulations are revoked before 13 September 2026, the day on which they are revoked; and
(b)are taken to have been made under section 95VA and may be amended accordingly.
(2)Despite the repeal of section 68 by the Racing Amendment Act 2022, the Racing (Public Interest Disclosures) Regulations 2019, as in force immediately before that repeal, to the extent those regulations were made under section 68—
(a)are taken to remain in force during the period beginning on that repeal and ending on the earlier of—
(i)17 December 2029; or
(ii)if the regulations are revoked before 17 December 2029, the day on which they are revoked; and
(b)are taken to have been made under section 95VA and may be amended accordingly.
(3)Despite the repeal of sections 50ZL and 83OG by the Racing Amendment Act 2022, the Racing (Integrity and Disciplinary Structures) Regulations 2019, as in force immediately before the repeal of those sections—
(a)are taken to remain in force during the period beginning on that repeal and ending on the earlier of—
(i)30 July 2029; or
(ii)if the regulations are revoked before 30 July 2029, the day on which they are revoked; and
(b)are taken to have been made under section 95VA and may be amended accordingly.".
29Statute law revision
(1)In section 3(1) of the Principal Act, in the definition of Department, for "Department of Justice and Regulation" substitute "Department of Jobs, Precincts and Regions".
(2)For the heading to section 5E of the Principal Act substitute—
"Definition".
(3)In section 5E of the Principal Act, the definition of Australian lawyer is repealed.
(4)In section 37W(2)(f)(i)(B) of the Principal Act omit ", within the meaning of the Workplace Relations Act 1996 of the Commonwealth, of which the person is a member".
Part 3—Repeal of this Act
30Repeal of this Act
This Act is repealed on the first anniversary of its commencement.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 23 June 2021
Legislative Council: 14 September 2021
The long title for the Bill for this Act was "A Bill for an Act to amend the Racing Act 1958 to remove the prohibition on racing on Good Friday and make other minor and technical amendments."
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