Racing Amendment (Unauthorised Access) Act 2023 (Vic)
Racing Amendment (Unauthorised Access) Act 2023
No. 2 of 2023
table of provisions
Section Page
1Purpose
2Commencement
3Definitions
4Duration of race-meetings—statute law revision
5New section 14AB inserted
6New Division 4A of Part I inserted
7Repeal of this Act
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Endnotes
1 General information
Racing Amendment (Unauthorised Access) Act 2023
No. 2 of 2023
[Assented to 7 March 2023]
The Parliament of Victoria enacts:
1Purpose
The purpose of this Act is to amend the Racing Act 1958—
(a)to prohibit unauthorised access to restricted areas of race-courses during race-meetings and official trial meetings; and
(b)to prohibit certain disruptive conduct during race-meetings and official trial meetings; and
(c)to provide for the enforcement of those new offences.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 31 December 2023, it comes into operation on that day.
3Definitions
(1)In section 3(1) of the Racing Act 1958 insert the following definitions—
"authorised officer means—
(a)a police officer; or
(b)a person appointed as an authorised officer under section 32H;
ban order means an order made under section 32G;
duration of an official trial meeting has the meaning given by section 14AB;
official trial meeting means a meeting for the purpose of trialling horses or greyhounds—
(a)that is not a horse race, harness race or greyhound race; and
(b)that is approved by the appropriate controlling body and supervised by a steward of that controlling body; and
(c)at which entries are taken and results are recorded;
restricted racing area means any of the following areas of land within a race-course—
(a)a track which is being used for racing or training horses or greyhounds;
(b)a space which is being used for—
(i)keeping, saddling, mounting, parading or exercising horses; or
(ii)keeping, parading or exercising greyhounds;
(c)a pathway which connects 2 or more restricted racing areas;
(d)a prescribed area of land;".
(2)In section 3(1) of the Racing Act 1958, in the definition of race-course, after "race-meetings" insert ", and in Division 4A of this Part, includes land used for official trial meetings".
4Duration of race-meetings—statute law revision
In section 14A of the Racing Act 1958, for "Gaming and Betting Act 1994" substitute "Gambling Regulation Act 2003".
5New section 14AB inserted
After section 14A of the Racing Act 1958 insert—
"14AB Duration of official trial meetings
Unless the Minister otherwise directs, an official trial meeting—
(a)must commence and finish on the same day; and
(b)for the purposes of this Act—
(i)is taken to commence one hour before the advertised starting time of the first trial to be conducted at that meeting; and
(ii)is taken to finish one hour after the actual starting time of the last trial to be conducted at that meeting.".
6New Division 4A of Part I inserted
After Division 4 of Part I of the Racing Act 1958 insert—
"Division 4A—Managing crowd behaviour
Subdivision 1—Offences
32AOffence to enter or remain in restricted racing area
(1)A person must not, without reasonable excuse, enter or remain in a restricted racing area during a race-meeting or an official trial meeting unless—
(a)the person is authorised under the rules of the appropriate controlling body (including rules adopted by that body) to enter or remain in the restricted racing area; or
(b)the person is engaged in the management or conduct of the meeting and is acting in accordance with that engagement; or
(c)the controlling body or club that is conducting the meeting permits the person to enter or remain in the restricted racing area and the person is acting in accordance with that permission.
Penalty:10 penalty units.
(2)Subsection (1) does not apply to a
race-meeting that is a major sporting event within the meaning of the Major Events Act 2009.
Note
See sections 61 and 67(1) of the Major Events Act 2009.
32BOffence to disrupt race-meeting or official trial meeting
(1)A person who is in a restricted racing area during a race-meeting or an official trial meeting must not disrupt the meeting without reasonable excuse.
Penalty:60 penalty units.
(2)Subsection (1) does not apply to a
race-meeting that is a major sporting event within the meaning of the Major Events Act 2009.
Note
See sections 61 and 67(2) of the Major Events Act 2009.
32COffence to throw or kick projectiles or cause object to be within restricted racing area
(1)A person must not, without reasonable excuse, throw or kick any stone, bottle or other projectile into or within a restricted racing area during a race-meeting or an official trial meeting, unless the person—
(a)is authorised under the rules of the appropriate controlling body (including rules adopted by that body) to do so; or
(b)is engaged in the management or conduct of the meeting and is acting in accordance with that engagement.
Penalty:20 penalty units.
(2)Subsection (1) does not apply to a race‑meeting that is a major sporting event within the meaning of the Major Events Act 2009.
Note
See sections 61 and 68 of the Major Events Act 2009.
(3)A person must not, without reasonable excuse, cause any object to fly into or land within a restricted racing area during a race‑meeting or an official trial meeting, unless the person—
(a)is authorised under the rules of the appropriate controlling body (including rules adopted by that body) to do so; or
(b)is engaged in the management or conduct of the meeting and is acting in accordance with that engagement.
Penalty:20 penalty units.
32DOffence to climb on fence, barrier or barricade
(1)A person must not, without reasonable excuse, climb on any fence, barrier or barricade within a restricted racing area or delineating the boundaries of a restricted racing area during a race-meeting or an official trial meeting, unless—
(a)the person is authorised under the rules of the appropriate controlling body (including rules adopted by that body) to do so; or
(b)the person is engaged in the management or conduct of the meeting and is acting in accordance with that engagement; or
(c)the controlling body or club that is conducting the meeting permits the person to climb on the fence, barrier or barricade and the person is acting in accordance with that permission.
Penalty:10 penalty units.
(2)Subsection (1) does not apply to a race‑meeting that is a major sporting event within the meaning of the Major Events Act 2009.
Note
See sections 61 and 72 of the Major Events Act 2009.
Subdivision 2—Dealing with offenders
32EDirection not to enter or to leave restricted racing area or race-course
(1)An authorised officer may direct a person not to enter, or to leave and not re-enter, a restricted racing area or race-course for the duration of a race-meeting or an official trial meeting if the authorised officer—
(a)believes on reasonable grounds that the person is committing, or has committed, an offence against section 32A, 32B, 32C or 32D; and
(b)has informed the person that the authorised officer has formed the belief referred to in paragraph (a); and
(c)before giving the direction, has requested the person not to enter or to leave the restricted racing area or race‑course and that person has entered or has refused to leave.
(2)A direction under subsection (1) may be given in either or both of the following ways—
(a)orally;
(b)in writing and served personally on the person to whom it applies.
(3)An authorised officer who gives a direction to a person under subsection (1) which is an oral direction must inform the person that the direction applies for the duration of the race‑meeting or official trial meeting.
(4)A direction under subsection (1) which is a written direction must specify that the direction applies for the duration of the race‑meeting or official trial meeting.
32FRefusal to leave restricted racing area or race-course and re-entry
(1)A person must not, contrary to a direction given to the person by an authorised officer under section 32E—
(a)enter the restricted racing area or race‑course for the duration of the race‑meeting or official trial meeting; or
(b)attempt to enter the restricted racing area or race-course for the duration of the race-meeting or official trial meeting.
Penalty:20 penalty units.
(2)A person must leave a restricted racing area or race-course immediately after being directed to do so by an authorised officer under section 32E.
Penalty:20 penalty units.
(3)A person who has left a restricted racing area or race-course after being directed to do so by an authorised officer under section 32E must not—
(a)enter or re-enter the restricted racing area or race-course for the duration of the race-meeting or official trial meeting; or
(b)attempt to enter or re-enter the restricted racing area or race-course for the duration of the race-meeting or official trial meeting.
Penalty:20 penalty units.
(4)A police officer, using no more force than is reasonably necessary—
(a)may prevent a person from entering or attempting to enter a restricted racing area or race-course contrary to a direction given to the person under section 32E; or
(b)may remove a person from a restricted racing area or race-course after the person has refused to comply with a direction given to the person under section 32E; or
(c)may prevent a person from re-entering or attempting to re-enter a restricted racing area or race-course contrary to a direction given to the person under section 32E.
32GBan orders
(1)If a court finds a person guilty of an offence against section 32A, 32B, 32C, 32D or 32F, the court may make the following orders in respect of that person—
(a)an order banning the offender from attending—
(i)a specified race-meeting or official trial meeting at the race‑course where the offence was committed; or
(ii)2 or more specified race-meetings or official trial meetings at the race-course where the offence was committed;
(b)an order banning the offender from attending a specified category of race‑meeting or official trial meeting at any race-course where those race‑meetings or official trial meetings take place.
(2)A court may impose a ban order on an offender for a period of up to 5 years.
(3)A ban order must specify—
(a)the race-course or race-courses in respect of which the ban order is made (if known); and
(b)the race-meeting or official trial meeting or race-meetings or official trial meetings or category of race‑meeting or official trial meeting in respect of which the ban order is made; and
(c)the period for which the ban order is in force.
(4)A person to whom a ban order applies must not enter a race-course in contravention of that order.
Penalty:60 penalty units.
Subdivision 3—Authorised officers
32HAppointment of authorised officers
(1)The Secretary to the Department may appoint a person to be an authorised officer for the purposes of this Division if—
(a)the person is a steward or the chief steward of a controlling body; or
(b)the Secretary believes the person has the appropriate skills, knowledge or experience to be appointed an authorised officer.
(2)An appointment under subsection (1)—
(a)must be in writing; and
(b)must specify the terms and conditions on which the person is appointed; and
(c)must specify the functions, duties or powers under this Division to which it relates; and
(d)may be subject to any conditions that the Secretary to the Department considers to be appropriate.
(3)The Secretary to the Department may require an authorised officer appointed under this section to undertake specified training before exercising any powers, functions or duties under this Division.
32IIdentification of authorised officers
(1)The Secretary to the Department must issue each authorised officer who is not a police officer with an identity card that—
(a)contains a photograph of the person; and
(b)states the full name of the person to whom it is issued; and
(c)states that the person is an authorised officer for the purposes of this Division or specified provisions of this Division.
(2)An authorised officer who is not a police officer must produce the officer's identity card for inspection—
(a)before exercising a power under this Division; and
(b)at any time during the exercise of a power under this Division, if asked to do so.
(3)If an authorised officer who is not a police officer proposes to exercise the functions of an authorised officer and that officer fails to produce their identity card on demand, the officer is not authorised to exercise those functions in relation to the person making the demand.
(4)In any proceeding under this Division, an identity card purporting to be issued to a person by the Secretary to the Department under this Division is evidence of the appointment of that person as an authorised officer.
32JOffence to hinder or obstruct authorised officer
A person must not, without reasonable excuse, obstruct or hinder an authorised officer in the exercise of the officer's powers, functions or duties under this Division.
Penalty:60 penalty units.
32KPower of authorised officer to require name and address
(1)An authorised officer may require a person to give the person's name and address to the authorised officer if the authorised officer believes on reasonable grounds that the person has committed an offence against section 32A, 32B, 32C, 32D or 32F.
(2)Before requiring a person to give the person's name and address, an authorised officer must—
(a)unless the authorised officer is a police officer, produce the authorised officer's identity card; and
(b)inform the person that the authorised officer believes that the person has committed an offence against section 32A, 32B, 32C, 32D or 32F (as the case requires); and
(c)inform the person that it is an offence against this Act—
(i)to fail or refuse to give the person's name and address to an authorised officer when directed to do so; or
(ii)to give a false or misleading name and address to an authorised officer.
32LRefusal to give name and address to authorised officer
(1)A person must not fail or refuse to give the person's name and address to an authorised officer when required to do so under section 32K.
Penalty:5 penalty units.
(2)A person must not give a false or misleading name and address to an authorised officer when required to give the person's name and address under section 32K.
Penalty:5 penalty units.
32MRequirement to produce evidence of name and address to authorised officer
(1)If a person gives a name and address in response to a request under section 32K and the authorised officer believes on reasonable grounds that the name and address may be false, the authorised officer may request the person to produce evidence of the person's name and address.
(2)A person must comply with a request under subsection (1) unless the person has a reasonable excuse not to do so.
Penalty:5 penalty units.
32NDisclosure of information by authorised officer
(1)An authorised officer must not disclose any information obtained in the course of the authorised officer's duties or the exercise of a power under section 32K or 32M except as authorised under this section.
Penalty:50 penalty units.
(2)An authorised officer is authorised to and may disclose information obtained in the course of the authorised officer's duties or the exercise of a power under section 32K or 32M—
(a)if the authorised officer reasonably believes that the disclosure is necessary—
(i)for or in connection with the administration of this Division; or
(ii)to assist the authorised officer or any of the following persons to exercise a power, or perform a duty or function under this Division—
(A)the Secretary to the Department;
(B)a person authorised to commence a proceeding under section 32Q(1)(b);
(C)another authorised officer; or
(b)in the following circumstances—
(i)for the purposes of any legal proceeding arising out of this Division;
(ii)for the purposes of any other legal proceeding;
(iii)to a court or tribunal in the course of any legal proceeding;
(iv)pursuant to an order of a court or tribunal;
(v)to the extent reasonably required for any other law enforcement purposes;
(vi)with the written authority of the Secretary to the Department;
(vii)with the written authority of the person to whom the information relates;
(viii)as otherwise authorised by law.
32ODelegation by Secretary
The Secretary to the Department, in writing, may delegate any of the powers conferred on the Secretary under this Subdivision, other than this power of delegation, to a person employed under Part 3 of the Public Administration Act 2004 as an executive within the meaning of that Act.
Subdivision 4—Enforcement
32PInfringement offences
(1)An authorised officer may serve an infringement notice on a person who the authorised officer reasonably believes has committed an offence against section 32A, 32C or 32D.
(2)An offence referred to in subsection (1) for which an infringement notice may be served is an infringement offence within the meaning of the Infringements Act 2006.
(3)The infringement penalty for an offence against section 32A, 32C or 32D is 2 penalty units.
32QWho can commence a proceeding for offences against this Division?
(1)A proceeding for an offence against this Division may be commenced by—
(a)the Secretary to the Department; or
(b)a person authorised in writing by the Secretary to commence a proceeding for an offence against this Division; or
(c)a police officer.
(2)A proceeding referred to in subsection (1) may be taken over and continued at any time by any other person authorised under subsection (1) to commence a proceeding.
(3)In a proceeding for an offence against this Division, it must be presumed, in the absence of evidence to the contrary, that the person commencing the proceeding was authorised to do so.".
7Repeal of this Act
This Act is repealed on 31 December 2024.
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: 20 December 2022
Legislative Council: 9 February 2023
The long title for the Bill for this Act was "A Bill for an Act to amend the Racing Act 1958 to prohibit unauthorised access to certain areas of race-courses during race-meetings and official trial meetings and for other purposes."
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