Racing Amendment (Restructuring) Act 1999 (TAS)

Racing Amendment (Restructuring) Act 1999

An Act to amend the Racing Act 1983 and the Racing and Gaming Act 1952 to provide for the restructuring of the racing industry

[Royal Assent 7 December 1999]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1Preliminary1Short titleThis Act may be cited as the Racing Amendment (Restructuring) Act 1999 . 2CommencementThis Act commences on the day on which this Act receives the Royal Assent. PART 2Racing Act 1983 Amended3Principal ActIn this Part, the Racing Act 1983 is referred to as the Principal Act. 4Section 4 substituted Section 4 of the Principal Act is repealed and the following section is substituted: 4Interpretation In this Act, unless the contrary intention appears – Chief Electoral Officer means the Chief Electoral Officer within the meaning of the Electoral Act 1985 ; Council means the Tasmanian Thoroughbred Racing Council, the Tasmanian Harness Racing Council or the Tasmanian Greyhound Racing Council; Director means the Director of Racing appointed under section 5(1) ; former Authority means the body corporate known as Racing Tasmania as constituted under Part II immediately before the relevant day; functions includes duties; made, in relation to any Rules of Racing, includes adopted; RAB means the Tasmanian Racing Appeal Board constituted under section 25 ; racing club means a horse-racing club, harness racing club or greyhound racing club; relevant day means the day on which the Racing Amendment (Restructuring) Act 1999 commenced; Rules of Racing means the Rules of Racing of a Council made and in force under this Act, including – (a) the Australian Rules of Racing adopted by that Council; and (b) the local Rules of Racing made by that Council; TAB means the Totalizator Agency Board established under section 46 of the Racing and Gaming Act 1952 . 5Part II: Heading amended Part II of the Principal Act is amended by omitting "RACING TASMANIA" from the heading to that Part and substituting "DIRECTOR OF RACING". 6Sections 5 , 5A , 6 , 8 , 9 , 10 , 11 and 12 substituted Sections 5 , 5A , 6 , 8 , 9 , 10 , 11 and 12 of the Principal Act are repealed and the following sections are substituted: 5Director of Racing (1)  The Governor may appoint a person appointed or employed under the Tasmanian State Service Act 1984 to be Director of Racing and that person may hold that office in conjunction with a position or an office under that Act. (2) It is the duty of the Director to administer this Act so as to maintain the probity and integrity of the racing industry. (3) The Director – (a) is to be responsible, on behalf of the Councils, for administering the – (i) registration and licensing of persons engaged or employed in connection with the racing industry; and (ii) registration of horses and greyhounds for the purposes of horseracing and greyhound racing; and (iii) registration of all other matters as required by the Rules of Racing; and (b) is to supervise, coordinate and set standards, in consultation with the appropriate Council, in respect of the training and welfare of apprentice jockeys and junior drivers and other persons. 6General powers of Director (1) The Director – (a) may do all such acts and things as he or she considers necessary or desirable for the regulation and direction of – (i) horseracing and greyhound racing; and (ii) betting by and with bookmakers; and (b) has, and may exercise, such other powers, and may perform such other functions, as are conferred or imposed on him or her by or under this or any other Act. (2) The Director may make such orders, give such notices and directions and do such other acts and things, except employ persons, as appear to the Director to be necessary or desirable for giving effect to this section or for the exercise of any of the powers conferred, or the performance of any functions imposed, on him or her by or under this Act or any other Act. 7Special powers of Director The Director – (a) may invest in any of the investments referred to in section 6 of the Trustee Act 1898 and may vary any such investment; and (b) may use any of the following payments that are received by the Director or on his or her behalf towards the costs of administering this Act: (i) interest and other income from any investments under paragraph (a); (ii) any money received under section 26(7A); (iii) licence and registration fees; (iv) proceeds from the sale of goods or provision of services; (v) such other payments as the Minister may approve. 8Accounts and records of Director (1) Except as otherwise expressly provided by this Act, all money that is received by or on behalf of the Director under Part VI of the Racing and Gaming Act 1952 is to be paid into the Consolidated Fund. (2) The Director is to cause to be kept proper accounts and records in relation to all of his or her operations and is to do all things necessary to ensure that all payments from his or her funds are correctly made and properly authorised and that adequate control is maintained over the assets of, or in the custody of, the Director and over the incurring of liabilities of the Director. 7Section 13 amended (Audit) Section 13 of the Principal Act is amended by omitting "Authority" and substituting "Director". 8Sections 14 , 14A , 15 , 16 and 16A substituted Sections 14 , 14A , 15 , 16 and 16A of the Principal Act are repealed and the following sections are substituted: 14Protection for Director Where the Director does or purports to do, or omits or purports to omit to do, any act or thing in good faith for the purpose of administering this Act, he or she is not personally subject to any action, liability, claim or demand in respect of that act or omission. 15Delegation The Director may delegate any of his or her functions or powers, other than this power of delegation, to any other person. 16Certain persons to have free entry to racecourses A person who is authorised for that purpose, in writing, by the Director is entitled at any time without payment of a fee or charge to enter, and remain on, a racecourse, whether a registered racecourse or not. 9Part IIA repealed Part IIA of the Principal Act is repealed. 10Section 16I amended (Racing Councils) Section 16I of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1) The following 3 specialist councils, as existing immediately before the relevant day, are each reconstituted as a body corporate as provided by this Part: (a) Tasmanian Thoroughbred Racing Council; (b) Tasmanian Harness Racing Council; (c) Tasmanian Greyhound Racing Council. (b) by omitting paragraph (a) from subsection (2) ; (c) by inserting the following subsections after subsection (3) : (4) Each Council – (a) has perpetual succession; and (b) has a common seal; and (c) may take proceedings, and be proceeded against, in its corporate name; and (d) may, subject to this Act, purchase, exchange, take on lease, hold, hire, dispose of by way of lease or sale, and otherwise deal with property both real and personal; and (e) may do and be subject to all other things that bodies corporate may, by law, do and be subject to and that are necessary for or incidental to the purposes for which it is constituted; and (f) has the functions imposed, and the powers conferred, on it by or under this or any other Act. (5) A court, judge or person acting judicially is to take judicial notice of the seal of a Council affixed to a document and is to presume that it was duly affixed. (6) A member of the staff of a Council is not subject to the Tasmanian State Service Act 1984 . 11Section 16J amended (General functions and powers of Councils) Section 16J of the Principal Act is amended by omitting subsection (1) and substituting the following subsection: (1) Each Council performs the following functions for its code of racing: (a) to make and administer Rules of Racing; (b) to prepare budgets and amendments to budgets for approval by TAB; (c) to be responsible for – (i) nominations, acceptances and fields selections; and (ii) handicapping and grading; and (iii) race programming; (d) to represent the State at national forums; (e) to publish industry journals; (f) to develop and administer guidelines for the conduct of race meetings; (g) to perform such other functions as it may be required by this or any other Act to perform. 12Section 16K amended (Directions by TAB) Section 16K of the Principal Act is amended as follows: (a) by omitting from subsection (1) "The Authority" and substituting "TAB"; (b) by omitting from subsection (1) "the Authority" and substituting "TAB"; (c) by omitting from subsection (2) “The Authority’s” and substituting “TAB’s”; (d) by omitting from subsection (3) "The Authority" and substituting "TAB"; (e) by omitting subsection (4) and substituting the following subsection: (4) A Council is bound by a written direction by TAB. 13Section 16L amended (Reports of Councils) Section 16L of the Principal Act is amended as follows: (a) by omitting from subsection (1) "the Authority" and substituting "TAB"; (b) by omitting subsection (2) and substituting the following subsection: (2)  In addition to a report under subsection (1) , TAB may require a Council to submit a report at any time on any matter relating to its code of racing. 14Section 17 amended (Constitution of Tasmanian Thoroughbred Racing Council) Section 17 of the Principal Act is amended by inserting after subsection (7) the following subsection: (7A)  The member referred to in subsection (2)(f) may nominate a proxy under the prescribed conditions. 15Section 19 substituted Section 19 of the Principal Act is repealed and the following section is substituted: 19Specific functions and powers of Tasmanian Thoroughbred Racing Council Pursuant to section 16J , the Council controls thoroughbred horse racing in Tasmania. 16Section 25 amended (The Tasmanian Racing Appeal Board) Section 25(2) of the Principal Act is amended by omitting "The Board shall" and substituting "RAB is to". 17Section 26 amended (Appeals to RAB from certain decisions) Section 26 of the Principal Act is amended as follows: (a) by omitting subsection (1) and substituting the following subsection: (1)  Subject to subsection (1A) , a person (in this section referred to as the appellant) who is aggrieved by a decision of an appropriate Council, a racing club or the stewards of such a club – (a) imposing a suspension or disqualification; or (b) imposing a disqualification of a horse or greyhound in circumstances resulting in the forfeiture by the owner or lessee of the horse or greyhound of prize money exceeding $500; or (c) imposing a fine; or (d) in the case of a committee or appropriate Council, giving a notice under section 39 (1) of the Racing and Gaming Act 1952 (commonly referred to as a warning-off) – may, within 14 days after the making of the decision or, in the situation referred to in paragraph (d) , the giving of the notice, appeal to RAB. (b) by omitting from subsection (1A) " subsection (1) (aa) " and substituting " subsection (1)(b) "; (c) by omitting subsections (2) and (2A) and substituting the following subsection: (2) A person who is aggrieved by a decision of the Director under Part V of the Racing and Gaming Act 1952 for – (a) the cancellation or suspension of a certificate of registration as a bookmaker; or (b) the disqualification from the grant of any such certificate; or (c) the cancellation or suspension of a telephone betting endorsement on any such certificate or the refusal to grant or to make any such telephone betting endorsement; or (d) the imposition of a fine; or (e) the refusal to grant any such certificate or make any such endorsement – may, within 14 days after the making of the decision, appeal to RAB. (d) by omitting from subsection (3) " subsection (1) shall" and substituting "this section is to"; (e) by omitting from subsection (4) " subsection (1) shall" and substituting "this section is to"; (f) by omitting subsection (5) and substituting the following subsection: (5) On the lodgment with him or her of a notice of appeal under this section, the secretary of RAB is to request the chairperson of RAB to fix a time and place for the hearing of the appeal. (g) by omitting from subsection (5A) " subsection (1) shall not" and substituting "this section is not to"; (h) by omitting from subsection (6) " subsection (1) " and substituting "this section"; (i) by omitting from subsection (6) "the Board shall" and substituting "RAB is to"; (j) by inserting in subsection (6)(b) "Director, appropriate Council," after "on the"; (k) by omitting from subsection (6A) " subsection (1) the Board" and substituting "this section, RAB"; (l) by omitting from subsection (6B) " subsection (1) " and substituting "this section"; (m) by omitting from subsection (6B) "appropriate controlling body" three times occurring and substituting "Director, appropriate Council"; (n) by omitting from subsection (7) " subsection (1) , the Board" and substituting "this section, RAB"; (o) by omitting from subsection (7A) "Authority for the purposes specified in section 9 " and substituting "Director"; (p) by omitting from subsection (8) "The Board shall" and substituting "RAB is to"; (q) by omitting from subsection (8) " subsection (1) " and substituting "this section"; (r) by omitting from subsection (9) " subsection (1) " and substituting "this section"; (s) by inserting in subsection (9) "Director, appropriate Council or" after "decision of the"; (t) by inserting in subsection (10) "Council or" after "articles of a"; (u) by inserting in subsection (10) "Council or" after "such a"; (v) by omitting from subsection (10) "the Board by virtue of subsection (1) " and substituting "RAB under this section"; (w) by omitting subsections (11) , (11A) , (11B) , (11C) , (11D) , (11E) , (11F) , (12) , (12A) and (13) . 18Section 28 amended (Constitution of RAB for purpose of hearing an appeal) Section 28(4) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) "controlling body" and substituting "Council"; (b) by omitting from paragraph (b) "controlling body" and substituting "Council"; (c) by omitting from paragraph (c) "controlling body" and substituting "Council". 19Section 31 amended (Suspension of penalty pending appeal) Section 31 of the Principal Act is amended by omitting subsection (2) . 20Section 34 amended (General Regulations) Section 34 of the Principal Act is amended as follows: (a) by omitting from subsection (3)(c) "Authority" and substituting "Director"; (b) by inserting the following subsections after subsection (4) : (5)  The Governor may make regulations of a savings or transitional nature for the purposes of this Act, consequent on the enactment of the Racing Amendment Act 1997 or the Racing Amendment (Restructuring) Act 1999 . (6)  A provision referred to in subsection (5) may take effect on the day proclaimed under section 2 of the Racing Amendment Act 1997 , the relevant day or a later day. 21Section 35A insertedAfter section 35 of the Principal Act , the following section is inserted in Part VI: 35ADissolution of Racing Tasmania On and from the relevant day, the body corporate known as Racing Tasmania, as constituted under Part II immediately before that day, is dissolved and the members of that body cease to hold office as such. 22Part 7: Heading insertedThe Principal Act is amended by inserting the following heading after section 35 : Savings and transitional provisions 23Section 36 amended (Savings and transitional provisions) Section 36 of the Principal Act is amended as follows: (a) by omitting from subsection (3) "the Authority, the Board" and substituting "RAB"; (b) by omitting subsections (6) and (7) . 24Part VII: Heading repealedThe Principal Act is amended by omitting the heading "PART VII — SAVINGS AND TRANSITIONAL PROVISIONS". 25Sections 40 , 41 , 42 and 43 insertedAfter section 39 of the Principal Act , the following sections are inserted in Part 7: 40Effect of dissolution of former Authority On and after the relevant day – (a) all of the property that, immediately before the relevant day, was vested in the former Authority vests in and belongs to TAB and all responsibility for the management and control of that property vests in TAB, unless the Minister, by notice published in the Gazette, otherwise orders; and (b) where any estate or interest in land under the Land Titles Act 1980 vests in TAB under paragraph (a) , TAB is, notwithstanding any provision of that Act to the contrary, taken to be the registered proprietor of that estate or interest and may deal with it accordingly; and (c) the Recorder of Titles may register an instrument relating to an estate or interest in land referred to in this section executed by TAB, if the instrument is in a registrable form, notwithstanding that TAB is not recorded as the registered proprietor of that estate or interest in the Register kept under the Land Titles Act 1980 ; and (d) any liabilities of the former Authority existing immediately before the relevant day become liabilities of TAB; and (e) legal proceedings pending immediately before the relevant day which were instituted by or against the former Authority may be continued by or against TAB; and (f) legal proceedings that could have been instituted before the relevant day by or against the former Authority may be instituted by or against TAB; and (g) a judgment or order of a court obtained before the relevant day by or against the former Authority may be enforced by or against TAB; and (h) a document addressed to the former Authority may be served on TAB; and (i) a contract made or entered into by the former Authority before the relevant day but not performed or discharged before that day is taken to have been made or entered into by TAB; and (j) where, in any instrument in force immediately before the relevant day, there is a reference to the former Authority, the instrument has effect on and from that day, except in so far as the context or subject matter otherwise indicates or requires, as if the reference were a reference to TAB or included a reference to TAB. 41Audit of former Authority As soon as practicable after the relevant day, the accounts and records of the former Authority are to be audited in accordance with Part 3 of the Financial Management and Audit Act 1990 . 42Office of Council members not affected The amendments made by the Racing Amendment (Restructuring) Act 1999 do not affect the tenure or term of office of a person who immediately before the relevant day was a member of a Council. 43Transitional provisions arising from Racing Amendment (Restructuring) Act 1999 Schedule 3 has effect in respect of transitional provisions arising from the Racing Amendment (Restructuring) Act 1999 . 26Schedule 1 amended (Further provisions relating to membership of Authority, Councils and Board) Schedule 1 to the Principal Act is amended as follows: (a) by omitting the heading and substituting the following heading: Further provisions relating to membership of councils and RAB (b) by omitting the definition of administering body from clause 1 and substituting the following definition: administering body means a Council or RAB. 27Schedule 2 amended (Meetings of Authority and Councils) Schedule 2 to the Principal Act is amended as follows: (a) by omitting from the heading "AUTHORITY AND"; (b) by omitting the definition of body from clause 1 ; (c) by omitting subclause (1) from clause 3 ; (d) by omitting subclause (3) from clause 3 and substituting the following subclause: (3)Five members constitute a quorum at any duly convened meeting of the Tasmanian Thoroughbred Racing Council. 28Schedule 3 insertedAfter Schedule 2 to the Principal Act , the following Schedule is inserted: Schedule 3Transitional provisions arising from Racing Amendment (Restructuring) Act 1999 1.   Interpretation of Schedule 3 In this Schedule, unless the contrary intention appears – former Act means this Act as in force immediately before the commencement of the Restructuring Act; former employee means a person who, immediately before the relevant day – (a) was a State Service employee employed for the purposes of the former Act; or (b) was appointed under Part 5 of the Tasmanian State Service Act 1984 for the purposes of the former Act – but does not include the person appointed as Director immediately before the relevant day; Restructuring Act means the Racing Amendment (Restructuring) Act 1999 ; State service employee means an employee within the meaning of the Tasmanian State Service Act 1984 ; transferred employee means a former employee who becomes an employee of TAB under the Restructuring Act. 2.   Director The amendments made by the Restructuring Act do not affect the tenure or term of office of the person who immediately before the commencement of that Act was appointed as Director. 3.   Notification of non-transferring staff (1)The Minister may specify, by notice published in the Gazette, all former employees who are to remain State Service employees after the relevant day. (2)The Tasmanian State Service Act 1984 continues to apply in relation to a person specified in a notice referred to in subclause (1) as if that notice were a declaration under section 47(1) of that Act, and a request for a transfer under section 47(4) , of that Act. (3)A notice under subclause (1) is not a statutory rule for the purposes of the Rules Publication Act 1953 . 4.   Transfer of employees and rights (1)On the relevant day – (a) TAB becomes the employer of each former employee, who is not specified in a notice referred to in clause 3(1) ; and (b) a person so employed by TAB ceases to be an employee within the meaning of the Tasmanian State Service Act 1984 ; and (c) that Act ceases to apply to that employee. (2)A transferred employee - (a) is taken to be employed by TAB for the same remuneration as he or she was receiving immediately before the relevant day; and (b) retains all existing and accruing rights relating to leave, including long service leave, as if his or her service as an employee of TAB were a continuation of his or her service under the Tasmanian State Service Act 1984 ; and (c) may claim those rights against TAB. (3)A transferred employee who, immediately before the relevant day, was appointed under Part 5 of the Tasmanian State Service Act 1984 , is entitled to be an employee of TAB for the remainder of the term, and on the terms and conditions, specified in his or her instrument of appointment under that Part. (4)On the relevant day, the benefits and liabilities that would have accrued to the Crown in respect of a transferred employee referred to in subclause (3) under an instrument of appointment referred to in that subclause accrue to TAB. (5)Where a transferred employee – (a) ceases to be an employee of TAB; and (b) immediately becomes an employee within the meaning of the Tasmanian State Service Act 1984  – his or her service as an employee of TAB is to be regarded as service in the State Service for the purpose of determining his or her rights as an employee, within the meaning of that Act. 5.   Preservation of superannuation rights of transferred employees A transferred employee who immediately before the relevant day was a contributor to the superannuation scheme provided for under the Retirement Benefits Act 1993 retains any rights accruing to him or her under that scheme and may continue to contribute to that scheme and that Act continues to apply to that employee. 6.   Agreement relating to transitional financial matters (1)On or after the relevant day, the Minister and the Treasurer, after consultation with TAB, may enter into an agreement relating to – (a) the superannuation liabilities of TAB and the State in relation to employees of TAB and State Service employees who were employed for the purposes of the former Act (including persons who have retired from the State Service); and (b) any other matter affecting any assets or liabilities of the Crown or TAB that the Minister and Treasurer consider – (i) to be of a transitional or savings nature arising from the Restructuring Act; or (ii) to have arisen as a consequence of the Restructuring Act. (2)An agreement referred to in subclause (1) is binding on TAB. 29SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 1 is amended by omitting "body" on the number of occurrences specified in Column 2 of that Schedule and substituting "Council". 30Substitution of "RAB for "the Board"Each of the provisions of the Principal Act specified in Column 1 of Schedule 2 is amended by omitting "the Board" on the number of occurrences specified in Column 2 of that Schedule and substituting "RAB". PART 3Racing and Gaming Act 1952 Amended31Principal ActIn this Part, the Racing and Gaming Act 1952 is referred to as the Principal Act. 32Section 3 amended (Interpretation) Section 3 of the Principal Act is amended as follows: (a) by omitting the definition of Authority ; (b) by omitting the definition of Betting Control Board ; (c) by omitting the definition of Board ; (d) by omitting the definition of chairperson and substituting the following definition: chairperson, in respect of TAB, has the same meaning as in the Government Business Enterprises Act 1995 ; (e) by omitting the definition of controlling body and substituting the following definition: Council means the Tasmanian Thoroughbred Racing Council, the Tasmanian Harness Racing Council or the Tasmanian Greyhound Racing Council; (f) by omitting the definition of Director and substituting the following definition: Director means the Director of Racing appointed under section 5(1) of the Racing Act 1983 ; (g) by omitting the definition of member and substituting the following definition: member, in respect of TAB, means a director within the meaning of the Government Business Enterprises Act 1995 ; (h) by omitting the definition of prescribed employee of the Board and substituting the following definition: prescribed employee of TAB means – (a) an employee, within the meaning of the Government Business Enterprises Act 1995 , of TAB; and (b) the chief executive officer of TAB; and (c) an agent of TAB; (i) by inserting the following definition after the definition of quinella totalizator : RAB means the Tasmanian Racing Appeal Board established by section 25 of the Racing Act 1983 ; (j) by omitting the definition of Registrar ; (k) by inserting the following definition after the definition of sweepstake : TAB means the Totalizator Agency Board established by section 46 ; (l) by omitting the definition of ticket and substituting the following definition: ticket includes any form of acknowledgment by TAB of a bet made with TAB; (m) by omitting "the Board, or by an agent of the Board" from the definition of totalizator and substituting "TAB, or by an agent of TAB". 33Section 20B amended (Permits for certain race meetings and horse races) Section 20B(1) of the Principal Act is amended by omitting "Authority may, if in its discretion it" and substituting "Director may, if he or she". 34Section 23 amended (Form and effect of registration) Section 23 of the Principal Act is amended by omitting subsection (2A) . 35Section 24 amended (Suspension and cancellation of registration) Section 24(5) of the Principal Act is amended by omitting "it may, in its" and substituting "he or she may, in his or her". 36Section 29 amended (Form and effect of registration) Section 29 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "it may consider relevant, may, in its" and substituting "he or she considers relevant, may, in his or her"; (b) by omitting subsection (2A) . 37Section 30 amended (Suspension and cancellation of registration) Section 30(5) of the Principal Act is amended by omitting "it may, in its" and substituting "he or she may, in his or her". 38Section 34 substituted Section 34 of the Principal Act is repealed and the following section is substituted: 34Allotment of racing days (1) The racing days for racing clubs by which the totalizator is to be used, whether on registered racecourses or unregistered racecourses, are to be allotted in each racing year by TAB, after consultation with each racing club and Council, and a decision of TAB with respect to the allotment of racing days is final. (2) TAB may, after consultation with the relevant racing club, specify the racing days on which certain races may be conducted. 39Section 34A amended (Betting-only meetings) Section 34A of the Principal Act is amended as follows: (a) by omitting from subsection (1) "The Authority" and substituting "TAB"; (b) by omitting subsection (3) and substituting the following subsection: (3) The betting-only meetings for racing clubs are to be authorised and allotted by TAB, after consultation with each racing club and Council, and a decision of TAB with respect to the allotment is final. (c) by omitting from subsection (4) "The Authority" and substituting "TAB". 40Section 35 amended (Returns and information to be furnished by clubs) Section 35 of the Principal Act is amended by omitting subsection (1) . 41Section 35A amended (Assessment of profits of Anzac Day meetings) Section 35A of the Principal Act is amended as follows: (a) by omitting from subsection (3) "it" first occurring and substituting "him or her"; (b) by omitting subsection (4) and substituting the following subsection: (4) For the purposes of obtaining any information that the Director requires so as to make a proper assessment under this section, the Director may direct the responsible body to furnish him or her with that information, and the responsible body is to supply the information within the time allowed by the Director in that behalf. 42Section 39 amended (Power of club committee to remove persons from, or prohibit persons from entering, a racecourse) Section 39(4) of the Principal Act is amended by omitting "it by subsection (3) it shall" and substituting "him or her by subsection (3) he or she is to". 43Section 40A substituted Section 40A of the Principal Act is repealed and the following section is substituted: 40AAppointment of stipendiary stewards (1)  In this section, Secretary means the Secretary of the Department. (2) The Secretary may, after consultation with a Council, appoint a person as a stipendiary steward for that Council on such terms and conditions as the Secretary considers appropriate. (3) A person appointed as a stipendiary steward for a Council is a stipendiary steward for that Council for the purposes of the Rules of Racing and any rules, regulations, or other provisions relating to the constitution, proceedings, powers, duties or functions of that Council or its officers. (4)  A stipendiary steward is not to be removed or suspended from office except by the Secretary. (5) A Council or its committee must not do anything to prevent a stipendiary steward from discharging his or her functions. (6) Where a person is appointed under this section as a stipendiary steward for 2 or more Councils, the Director may determine any dispute that may arise between any of those Councils with respect to the performance of that person’s functions as a stipendiary steward, and a determination made under this section is binding on each Council for which the person has been appointed as a stipendiary steward. 44Section 41 amended (Appointment, &c., of officers of clubs) Section 41(5) of the Principal Act is amended by omitting "its" and substituting "his or her". 45Section 45 amended (Winding-up of clubs) Section 45 of the Principal Act is amended as follows: (a) by omitting from subsection (7) "the Crown" first occurring and substituting "TAB"; (b) by omitting from subsection (7) "the Crown for the purposes and objects of the Authority under this Act." and substituting "TAB for its purposes and objects under this or any other Act."; (c) by omitting from subsection (8) "the Crown" and substituting "TAB"; (d) by omitting subsection (15) and substituting the following subsection: (15) Notwithstanding anything in this section, the Director may – (a) retain any document or article coming into his or her possession under this section that he or she considers to be of historical interest; and (b) deal with any such document or article in such manner as appears to the Director most suitable for its preservation. 46Section 47 repealed Section 47 of the Principal Act is repealed. 47Section 57DA amended (Interpretation: Division II of Part IV) Section 57DA of the Principal Act is amended by omitting the definition of approved purposes . 48Section 57E amended (Powers and functions of TAB) Section 57E of the Principal Act is amended by inserting after subsection (4) the following subsections: (5) TAB may – (a) make grants or loans at such interest and on such terms as it may determine, for or in relation to the administration, maintenance, or improvement of horse-racing or greyhound racing in Tasmania and may take mortgages or such other securities as it considers adequate to secure such a loan; and (b) undertake and contract for capital improvement to, or maintenance of, a racecourse; and (c) purchase, lease, maintain, develop and otherwise deal with properties and facilities for the conduct of race meetings or for the training of horses for horse racing and dogs for greyhound racing and charge fees for the use of those properties or facilities. (6)  A grant or loan under subsection (5)(a) or an undertaking under subsection (5)(b) may be made unconditionally or subject to such conditions as TAB may impose and, without limiting the generality of this subsection, the conditions, in the case of a grant or a loan to a club, may relate to the administration of the club, capital improvements to and maintenance of racecourses, the payment of stake money and the provision of facilities for the training of horses for horse racing and dogs for greyhound racing. (7) TAB must determine the grant that it will make available to each Council in each racing year and that grant is to be expended by that Council for such purposes, and in such respective amounts, as TAB may approve. 49Section 57EA amended (Power to enter into other business agreements, &c.) Section 57EA(3) of the Principal Act is amended as follows: (a) by omitting from paragraph (a) “the Board’s” and substituting “TAB’s”; (b) by omitting from paragraph (b)(i) “the Board’s” and substituting “TAB’s”. 50Section 57P amended (Unclaimed dividends and refunds) Section 57P(1) of the Principal Act is amended by omitting "the Board shall, as soon as practicable after the expiration of that period, pay the amount of that dividend or refund to the Authority for the purposes specified in section 9 of the Racing Act 1983 " and substituting “the amount of that dividend or refund is to be transferred to TAB’s revenue account”. 51Section 57Q amended (Disbursement of totalizator commission) Section 57Q(1) of the Principal Act is amended as follows: (a) by omitting from paragraph (a)(i) "10%" and substituting "10.5%"; (b) by omitting subparagraph (iii) from paragraph (a) ; (c) by omitting from paragraph (b)(i) "10%" and substituting "10.5%"; (d) by omitting subparagraph (iii) from paragraph (b) ; (e) by omitting from paragraph (c)(i) "11%" and substituting "13.25%"; (f) by omitting subparagraph (iii) from paragraph (c) ; (g) by omitting from paragraph (d)(i) "11%" and substituting "13.25%"; (h) by omitting subparagraph (iii) from paragraph (d) ; (i) by omitting from paragraph (e)(i) "10.5%" and substituting "12.75%"; (j) by omitting subparagraph (iii) from paragraph (e) ; (k) by omitting from paragraph (f)(i) "12.25%" and substituting "15.25%"; (l) by omitting subparagraph (iii) from paragraph (f) ; (m) by omitting from paragraph (g)(i) "10%" and substituting "11.25%"; (n) by omitting subparagraph (iii) from paragraph (g) ; (o) by omitting from paragraph (h)(i) "11%" and substituting "15.25%"; (p) by omitting subparagraph (iii) from paragraph (h) ; (q) by omitting from paragraph (i)(i) "11%" and substituting "13.25%"; (r) by omitting subparagraph (iii) from paragraph (i) ; (s) by omitting from paragraph (j)(i) "12%" and substituting "16.25%"; (t) by omitting from paragraph (j)(ii) "Fund; and" and substituting "Fund."; (u) by omitting subparagraph (iii) from paragraph (j) . 52Section 57T amended (Transfer of profits from Board to Authority) Section 57T of the Principal Act is amended by omitting subsections (1) and (2) and substituting the following subsection: (1) TAB is to apply the net income from totalizator betting and approved betting competitions conducted by it for the purposes specified in section 57E(5) . 53Section 57U amended (Totalizator licences) Section 57U(2) of the Principal Act is amended by omitting "The Authority" and substituting "TAB". 54Section 57V amended (Restriction on issue of totalizator licences) Section 57V(2) of the Principal Act is amended by omitting “the Authority’s” and substituting “TAB’s”. 55Section 57YA amended (Provisions applicable to conduct of win or place totalizator by committee) Section 57YA of the Principal Act is amended by omitting "Authority" and substituting "Consolidated Fund". 56Section 57ZA amended (Remission of totalizator tax; Anzac Day) Section 57ZA of the Principal Act is amended by omitting "it" and substituting "the Director". 57Section 57ZB substituted Section 57ZB of the Principal Act is repealed and the following section is substituted: 57ZBTotalizator returns (1)  A club committee that conducts totalizator betting must, at such times and in such manner as may be prescribed, submit to the Treasurer full returns of – (a) all moneys received by it in the course of its conduct of totalizator betting; and (b) the disbursement of those moneys. (2)  A club committee to which a totalizator licence is granted, within 14 days after the totalizator has been used under that licence, must – (a) provide TAB with a declaration in the prescribed form and made by the secretary of the club or a member of the club committee, stating the amount of money placed in or on the totalizator and such other particulars as may be prescribed; and (b) pay to TAB the sum prescribed by section 57Q . 58Section 57ZK amended (Penalty for unlawfully acting as totalizator officer or employee) Section 57ZK of the Principal Act is amended by omitting "a Board" and substituting "TAB". 59Section 58 repealed Section 58 of the Principal Act is repealed. 60Section 59 amended (Registration of bookmakers and bookmakers' clerks) Section 59(13) of the Principal Act is amended by omitting " section 63 " and substituting " section 61 ". 61Section 60AA amended (Cancellation, &c., of certificates of registration in other cases of misconduct, &c.) Section 60AA of the Principal Act is amended as follows: (a) by omitting from subsection (1A) "Authority, if it" and substituting "Director, if he or she"; (b) by omitting from subsection (2) "Authority shall not exercise its" and substituting "Director is not to exercise his or her"; (c) by omitting from subsection (5) "it shall" and substituting "he or she is to"; (d) by omitting from subsection (6) "it shall notify him in writing of its" and substituting “or her the Director is to notify him or her in writing of the Director’s”; (e) by omitting from subsection (7) "a stipendiary magistrate" and substituting "RAB"; (f) by omitting subsection (8) . 62Section 60AAB amended (Cancellation of registration on grounds of insufficient assets) Section 60AAB(4) of the Principal Act is amended by omitting "a stipendiary magistrate, and, on the hearing of that appeal, the magistrate may confirm or quash the cancellation of the certificate" and substituting "RAB". 63Section 61 amended (Refusal of application for registration) Section 61 of the Principal Act is amended as follows: (a) by omitting from subsection (1) "it shall forthwith" and substituting "the Director is to, as soon as reasonably practicable"; (b) by omitting from subsection (3) "a stipendiary magistrate" and substituting "RAB"; (c) by omitting from subsection (3) "the magistrate, if he" and substituting "RAB, if it"; (d) by omitting from subsection (4) "a stipendiary magistrate" and substituting "RAB". 64Section 62 repealed Section 62 of the Principal Act is repealed. 65Section 67 amended (Telephone betting endorsements) Section 67 of the Principal Act is amended as follows: (a) by omitting from subsection (4) "Authority, in its" and substituting "Director, in his or her"; (b) by omitting from subsection (8) "its" and substituting "his or her". 66Section 68 amended (Terms and conditions of telephone betting endorsements) Section 68(2)(c) of the Principal Act is amended by omitting “Authority’s” and substituting “Director’s”. 67Section 69 amended (Duties of bookmakers) Section 69(4)(c) of the Principal Act is amended by omitting "any officer of the Audit Department or by the Registrar or any person authorised by the Registrar or the Authority" and substituting "the Auditor-General or any person authorised by the Director". 68Section 74 amended (Provisions as to disposal of unclaimed winnings) Section 74(5) of the Principal Act is amended by omitting "the Authority for the purposes specified in section 9 (1) (b) of the Racing Act 1983 " and substituting "TAB". 69Section 74A amended (Interpretation of Division) Section 74A of the Principal Act is amended as follows: (a) by omitting "under the control of the Authority as it" from paragraph (a)(i) of the definition of approved venue and substituting "as the Director"; (b) by omitting "under the control of the Authority as it" from paragraph (b)(i) of the definition of approved venue and substituting "as the Director". 70Section 74B amended (Authority may issue telephone sports betting licences) Section 74B(3) of the Principal Act is amended by omitting "Authority must exercise its" and substituting "Director must exercise his or her". 71Section 74D amended (Determination of licensee) Section 74D(2) of the Principal Act is amended by omitting “Authority’s” and substituting “Director’s”. 72Section 111A amended (Prohibition of communicating certain racing information while race meeting is being held) Section 111A of the Principal Act is amended as follows: (a) by omitting from subsection (2) "chairperson of the Authority" and substituting "Director"; (b) by omitting from subsection (4) "chairperson" and substituting "Director"; (c) by omitting from subsection (5) "chairperson" and substituting "Director". 73SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 3 is amended by omitting "Authority may, in its" on the number of occurrences specified in Column 2 of that Schedule and substituting "Director may, in his or her". 74SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 4 is amended by omitting "Authority" on the number of occurrences specified in Column 2 of that Schedule and substituting "Director". 75SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 5 is amended by omitting "Fund; and" on the number of occurrences specified in Column 2 of that Schedule and substituting "Fund; or". 76SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 6 is amended by omitting "Registrar" on the number of occurrences specified in Column 2 of that Schedule and substituting "Director". 77SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 7 is amended by omitting "The Board" on the number of occurrences specified in Column 2 of that Schedule and substituting "TAB". 78SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 8 is amended by omitting "controlling body" on the number of occurrences specified in Column 2 of that Schedule and substituting "Council". 79SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 9 is amended by omitting "it" on the number of occurrences specified in Column 2 of that Schedule and substituting "he or she". 80SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 10 is amended by omitting "the Authority" on the number of occurrences specified in Column 2 of that Schedule and substituting "TAB". 81SubstitutionsEach of the provisions of the Principal Act specified in Column 1 of Schedule 11 is amended by omitting "the Board" on the number of occurrences specified in Column 2 of that Schedule and substituting "TAB". Schedule 1Substitutions

Section 29

Column 1

Provision amended

Column 2

Number of occurrences

The definition of meeting in clause 1 of Schedule 2

1

Clause 4(1) of Schedule 2

2

Clause 6(1) of Schedule 2

1

Clause 7(1) of Schedule 2

2

Clause 7(2) of Schedule 2

first only

Clause 7(2)(a) of Schedule 2

1

Clause 7(2)(b) of Schedule 2

1

Clause 8(1) of Schedule 2

first only

Clause 8(1)(c) of Schedule 2

1

Clause 8(3) of Schedule 2

1

Clause 9 of Schedule 2

2

Schedule 2Substitution of "RAB for "the Board"

Section 30

Column 1

Provision amended

Column 2

Number of occurrences

Section 25(3)

1

Section 25(4)

1

Section 25A

2

Section 25B(1)

2

Section 26(3)

1

Section 26(3A)

1

Section 26(5A)

1

Section 26(5B)

1

Section 26(6B)

2

Section 26(9)

1

Section 27(1)

1

Section 27(2)(a)

1

Section 27(4)

1

Section 28(1)

1

Section 28(2)(a)

1

Section 28(2A)

1

Section 28(3)

2

Section 28(4)(a)

1

Section 28(4)(b)

1

Section 28(4)(c)

1

Section 28(4)

fourth only

Section 28A(1)

1

Section 28A(2)

2

Section 29

1

Section 30(2)(c)

1

Schedule 3Substitutions

Section 73

Column 1

Provision amended

Column 2

Number of occurrences

Section 22(2)

1

Section 24(1)

1

Section 30(1)

1

Section 41(3)

1

Section 59A(1)

1

Schedule 4Substitutions

Section 74

Column 1

Provision amended

Column 2

Number of occurrences

The definition of telephone betting endorsement in section 3

1

Section 20B(1)

second only

Section 20B(2)

1

Section 21(1)(a)

1

Section 21(1)(b)

2

Section 21(1B)

1

Section 21(2)

1

Section 22(1)

1

Section 22(3)

1

Section 23(1)(c)

1

Section 23(2)

1

Section 23(4)

1

Section 24(1)

first only

Section 24(1)(b)

1

Section 24(2)

1

Section 24(3)

2

Section 24(4)

1

Section 24(5)

first only

Section 24(5)(b)

2

Section 24(5)

fourth only

Section 24(6)

1

Section 24(9)

1

Section 24A(1)

1

Section 26(1)

1

Section 26(2)

1

Section 26(3)

1

Section 26(4)

2

Section 27(3)

1

Section 28

1

Section 29(1)

1

Section 29(2)(c)

1

Section 29(3)(b)

1

Section 30(1)

first only

Section 30(1)(e)

1

Section 30(2)

1

Section 30(3)

2

Section 30(4)

1

Section 30(5)

first only

Section 30(5)(b)

1

Section 30(5)

third only

Section 30(6)

1

Section 30(8)

1

Section 32(2)(b)

1

Section 32(4)(a)

1

Section 32(4)(d)

1

Section 35(2)

2

Section 35(3)

1

Section 35(4)

4

Section 35A(1)

1

Section 35A(2)

2

Section 35A(3)

1

Section 36(2)

2

Section 37(2)

1

Section 37(3)

1

Section 39(3)

1

Section 39(4)

1

Section 39(7)

1

Section 41(1)

2

Section 41(2)

1

Section 41(3)

first only

Section 41(4)

1

Section 41(5)

1

Section 41(6)

1

Section 41(8)

4

Section 45(1)

2

Section 45(2)

3

Section 45(4)

1

Section 45(5)

1

Section 45(6)

first only

Section 45(6)

second only

Section 45(7)

first only

Section 45(7)

second only

Section 45(12)

1

Section 45(13)

first only

Section 45(13)

second only

Section 45(13)(a)

1

Section 45(13)(b)

1

Section 45AA(1)

1

Section 45AA(2)

2

Section 57ZA

1

Section 59(2)

1

Section 59(3)

1

Section 59(4)

1

Section 59(4A)

1

Section 59(4B)

1

Section 59(7)

1

Section 59(8)

4

Section 59(8A)

2

Section 59(11)

2

Section 59(12)

1

Section 59(13)

1

Section 59(15)

1

Section 59A(2)

first only

Section 59A(2)(a)

1

Section 59A(2)(c)

2

Section 60(2)

1

Section 60AA(1)

1

Section 60AA(3)(b)

1

Section 60AA(3)

second only

Section 60AA(4)

2

Section 60AA(5)

3

Section 60AA(6)

1

Section 60AA(9)

1

Section 60AAB(1)

1

Section 60AAB(2)

3

Section 60AAB(3)

1

Section 60AAC(1)(a)

1

Section 61(1)

1

Section 61(2)

1

Section 61(3)

2

Section 61(4)

1

Section 64(2)

3

Section 64(3)

1

Section 64(4)

1

Section 64(5)

2

Section 67(1)

1

Section 67(2)(b)

1

Section 67(2)(e)

1

Section 67(3)

1

Section 67(6)

1

Section 67(7)

2

Section 67(8)

1

Section 68(2)(b)

2

Section 68(2)(e)

1

Section 68(2)(f)

1

Section 68(2)(i)

1

Section 68(2)(j)

1

Section 68(2)(k)

1

Section 68B

1

Section 69(1)(a)(i)

1

Section 69(4)(d)

2

Section 69(4)(e)

1

Section 69(4)(f)

1

Section 69(8)

2

Section 70(1)

1

Section 70(2)

1

Section 70(4)

2

Section 71(1)

1

Section 74(1)

1

Section 74(2)

2

Section 74(3)

1

Section 74(5)

second only

The definition of applicant in section 74A

1

Paragraph (a) of the definition of Supervising Agency in section 74A

1

Section 74B(1)

1

Section 74C(1)

1

Section 74C(4)

1

Section 74D(1)

1

Section 74D(2)

2

Section 74D(3)

1

Section 74D(4)

1

Section 74D(5)

1

Section 74E(4)

1

Section 74E(8)

1

Section 74E(9)

1

Section 74G(a)

1

Section 74J(8)

2

Section 74L(1)

1

Section 74L(2)

2

Section 74N(2)

1

Section 75(3)

1

Section 77(1A)

2

Section 77(1B)

1

Section 77(1C)

1

Section 117(1)

2

Section 117(2)

1

Section 119(2)(a)

1

Section 119(3B)

1

Schedule 5Substitutions

Section 75

Column 1

Provision amended

Column 2

Number of occurrences

Section 57Q(1)(a)(ii)

1

Section 57Q(1)(b)(ii)

1

Section 57Q(1)(c)(ii)

1

Section 57Q(1)(d)(ii)

1

Section 57Q(1)(e)(ii)

1

Section 57Q(1)(f)(ii)

1

Section 57Q(1)(g)(ii)

1

Section 57Q(1)(h)(ii)

1

Section 57Q(1)(i)(ii)

1

Schedule 6Substitutions

Section 76

Column 1

Provision amended

Column 2

Number of occurrences

Section 59(1)(a)

1

Section 67(2)(c)

1

Section 69(4)(f)

2

Section 69(4)(g)

2

Section 74(1)

2

Section 74(5)

2

Section 74N(3)

2

Section 77(1)(f)(i)

1

Schedule 7Substitutions

Section 77

Column 1

Provision amended

Column 2

Number of occurrences

Section 57E(2)

1

Section 57EA(2)

1

Section 57F(2)

1

Section 57M(1A)

1

Section 57M(1C)

1

Section 57N(1)

1

Section 57Q(1)

1

Section 57R

1

Section 57S

1

Section 57X(4)

1

Section 57ZE(1)

1

Section 57ZR(1)

1

Schedule 8Substitutions

Section 78

Column 1

Provision amended

Column 2

Number of occurrences

Section 20(2)(b)

1

Section 24A(1)

1

Section 24A(2)

1

Section 24A(5)(a)

2

Section 24A(5)(b)

1

Section 24A(6)

2

Section 35(5)

2

Section 37(3)

1

Section 39(1)

2

Section 39(2)

2

Section 39(7)

1

Section 41(1)

1

Section 41(2)

3

Section 41(3)

2

Section 41(4)

4

Section 41(6)

2

Section 41(7)

1

Section 41(8)

3

Section 42(1)

1

Section 117(2)

3

Schedule 9Substitutions

Section 79

Column 1

Provision amended

Column 2

Number of occurrences

Section 20B(2)

1

Section 21(2)

1

Section 24(3)

1

Section 24(5)

second only

Section 26(4)

1

Section 30(1)

second only

Section 30(3)

1

Section 30(5)(b)

1

Section 30(5)

third only

Section 35A(3)

second only

Section 60AA(1A)

third only

Section 60AA(3)

second only

Section 60AA(4)

1

Section 60AAB(2)

2

Section 60AAB(3)

1

Section 67(3)

1

Section 67(4)

1

Section 67(6)

1

Section 67(7)

2

Section 68(2)(e)

1

Section 74C(1)

1

Section 74D(1)

1

Section 74D(5)

1

Schedule 10Substitutions

Section 80

Column 1

Provision amended

Column 2

Number of occurrences

Section 33(1)

1

Section 33(3)

1

Section 34B

first only

Section 34B(c)

1

Section 45(6)

third only

Section 57H

1

Section 57U(1)

1

Section 57U(3)

1

Section 57U(4)

2

Section 57V(1)

1

Section 57V(2)

2

Section 57Z(1)

1

Section 57ZF(1)

2

Section 57ZF(2)

1

Section 57ZF(3)

1

Section 57ZF(5)

1

Section 119(2)(c)

1

Schedule 11Substitutions

Section 81

Column 1

Provision amended

Column 2

Number of occurrences

The definition of branch in section 3

2

Paragraph (a) of the definition of consolation double totalizator in section 3

1

The definition of daily double totalizator in section 3

1

The definition of quadrella totalizator in section 3

1

The definition of rules in section 3

1

The definition of straight 6 totalizator in section 3

1

The heading to Part IV

1

The definition of approved betting competition in section 57DA

1

Section 57E(1)

1

Section 57E(3)

first only

Section 57E(3)(a)

1

Section 57E(4)

1

Section 57EA(1)

1

Section 57EA(3)

first only

Section 57EA(3)(b)(ii)

1

Section 57EA(3)(b)(iii)

1

Section 57EA(3)(b)(iv)

2

Section 57EA(3)(b)(v)

1

Section 57F(1)

1

Section 57F(3)(a)

2

Section 57F(3)(b)

3

Section 57F(3)(c)

3

Section 57F(3)(d)

3

Section 57G(1)

1

Section 57H

2

Section 57J(1)

1

Section 57J(2)

1

Section 57J(3)

2

Section 57K(1)

1

Section 57K(2)

first only

Section 57K(2)(a)

1

Section 57K(4)

2

Section 57L(1)

1

Section 57L(2)

2

Section 57L(3)

1

The definition of total receipts in section 57M(1)

2

Section 57M(1B)

1

Section 57M(3)

2

Section 57M(4)

1

Section 57N(2)

1

Section 57N(3)

1

Section 57N(4)

2

Section 57N(5)

1

Section 57Q(1)

1

Section 57Q(3)

1

Section 57RA(1)(a)

1

Section 57RA(1)(b)

1

Section 57RA(1)(c)

1

Section 57S(a)

1

Section 57S

second only

Section 57S

third only

Section 57X(1)

2

Section 57X(2)

1

Section 57X(3)

1

Section 57Y(d)

1

Section 57ZD(1)

1

Section 57ZD(3)

3

Section 57ZE(2)

2

Section 57ZE(4)

2

Section 57ZE(5)

3

Section 57ZF(1)

1

Section 57ZG

1

Section 57ZH(1)

1

Section 57ZR(1)(b)

2

Section 57ZR(1)(bb)

1

Section 57ZR(1)(c)

2

Section 57ZR(1)(d)

1

Section 57ZR(1)(f)

1

Section 57ZR(2)

1

Section 119(2)(ch)

2

Section 119(2)(ci)

2

[Second reading presentation speech made in:

House of Assembly on 18 NOVEMBER 1999

Legislative Council on 25 NOVEMBER 1999]