Racing and Betting Act Amendment Act 1969 (Qld)

115 (l teP1tsfan ANNO OCTODECIMO ELIZABETHAE SECUNDAE REGINAE No. 20 of 1969 An Act to Amend The Racing and Betting Acts 1954 to 1967 in certain particulars [ASSENTED TO 17TH DECEMBER, 1969] BE IT ENACTED by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- 1. Short title and citation . (1) This Act may be cited as the Racing and Betting Act Amendment Act 1969. (2) The Racing and Betting Act of 1954 as amended from time to time is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Racing and Betting Act 1954-1969. (4) Save as is otherwise herein expressly provided this Act shall come into operation on the day on which it receives the Royal Assent.

116 Racing and Betting Act Amendment Act 1969, No. 20 2. Amendment of s. 13-Regulations . (1) Section 13 of the Principal Act is amended by inserting in subsection (1), after paragraph (c), the following paragraphs:- "; (d) the investment of moneys of the Board; (e) the borrowing of moneys by the Board". (2) It is hereby declared that the power to make regulations under the Principal Act has included always power to make regulations with respect to the matters specified in paragraphs (d) and (e) of subsection (1) of section 13 of the Racing and Betting Act 1954-1969. 3. Amendment of s. 18-Finance . Section 18 of the Principal Act is amended by omitting from subsection (1) the word " The " (being the word first occurring therein) and inserting in its stead the words " Without limiting the power of the Board to borrow moneys from any other person, the ". 4. Amendment of s. 36-Days on which racing is unlawful . Section 36 of the Principal Act is amended by in subsection (1) adding after subparagraph (v) of paragraph (b) thereof the following subparagraph:- "; (vi) a day on which the registered club conducting the race meeting or horse race in the Metropolitan Area or, as the case may be, that Local Authority Area may lawfully conduct that race meeting or horse race in the Area in question pursuant to sections 44B and 45 of this Act.". 5. Amendment of s. 39-Racing on unallotted day unlawful . Section 39 of the Principal Act is amended- (a) by adding to subsection (2) the following proviso:- " Provided further that, where the day allotted under this Act in question is a day specified under section 44B of this Act and allotted to the registered club concerned under section 45 of this Act, that registered club may lawfully conduct the postponed race meeting on another day, which other day may be a day other than a Saturday but shall not be a day later than the Saturday of the second week following the week containing the day on which the postponed race meeting should have been conducted or a Sunday or Christmas Day or Good Friday."; (b) by adding at the end thereof the following subsections:- " (4) The power conferred by subsection (2) and subsection (3) of this section on the registered club concerned to conduct a postponed race meeting applies both to the case where the race meeting is postponed before the registered club concerned has commenced to conduct the race meeting and to the case where the race meeting is postponed after the registered club concerned has commenced to conduct the race meeting save where the number of horse races held at the lastmentioned race meeting before the postponement occurs exceeds the number equal to one half of the number of horse races on the official programme for that race meeting.

Racing and Betting Act Amendment Act 1969, No. 20 117 (5) Where pursuant to subsection (2) or (3) of this section a registered club conducts a postponed race meeting that the registered club had commenced to conduct on the day on which the race meeting was postponed, the registered club concerned shall not hold any horse race at that postponed race meeting other than the horse races specified in the official programme for the race meeting that were not held on the day on which the postponed race meeting was first commenced to be conducted.". 6. New s. 44B . The Principal Act is amended by inserting after section 44A the following section:- " 44B. Mid-week racing days. (1) From time to time the Governor in Council by Order in Council may specify such number of days (other than days specified in paragraph (a) of subsection (1) of section 36 of this Act and days specified in subparagraphs (i) to (v) of paragraph (b) of that subsection) as he deems proper on which it shall be lawful in- (a) the Metropolitan Area; or (b) any Local Authority Area specified in paragraph (b) of subsection (1) of section 36 of this Act, for the registered clubs named in the Order in Council to conduct race meetings for the racing of galloping horses during the period specified in the Order in Council which days shall be allotted under and in accordance with section 45 of this Act. (2) Days on which in any Area (other than the Metropolitan Area) registered clubs named in the Order in Council may lawfully conduct race meetings for the racing of galloping horses shall not be specified under subsection (1) of this section except upon application in that behalf by the principal club for the Area in question.". 7. Amendment of s. 45 . Allotment of racing days. Section 45 of the Principal Act is amended- (a) by omitting from subsection (2) the word " or " where occurring after subparagraph (a); and (b) by inserting after subparagraph (b) of subsection (2) the following word and subparagraph:- "; or (c) By allotting to each registered club named in the Order in Council respectively a stated number of days without identifying by date or otherwise any day so allotted but restricting allotted days to which section 44B of this Act relates to a particular day or days of the week.". 8. Amendment of s. 46A- Allotment of racing days for the City of Ipswich . Section 46A of the Principal Act is amended by adding at the end thereof the following subsections:- " (5) The power conferred by subsection (4) of this section on the registered club concerned to conduct a postponed race meeting applies both to the case where the race meeting is postponed before the registered club concerned has commenced to conduct the race meeting and to the case where the race meeting is postponed after the registered club concerned has commenced

118 Racing and Betting Act Amendment Act 1969, No. 20 to conduct the race meeting save where the number of horse races held at the lastmentioned race meeting before the postponement occurs exceeds the number equal to one half of the number of horse races on the official programme for that race meeting. (6) Where pursuant to subsection (4) of this section a registered club conducts a postponed race meeting that the registered club had commenced to conduct on the day on which the race meeting was postponed, the registered club shall not hold any horse race at that postponed race meeting other than the horse races specified in the official programme for the race meeting that were not held on the day on which the postponed race meeting was first commenced to be conducted." 9. Amendment of s. 48 - Allotment of racing days for trotting . Section 48 of the Principal Act is amended by adding at the end thereof the following subsections:- " (5) The power conferred by subsection (4) of this section on a registered racing club to postpone a race meeting for trotting horses (other than a night trotting meeting) or, as the case may be, a night trotting meeting applies both to the case where the race meeting in question is postponed before the registered racing club concerned has commenced to conduct the race meeting and to the case where the race meeting is postponed after the registered racing club concerned has commenced to conduct the race meeting save where the number of horse races held at the lastmentioned race meeting before the postponement occurs exceeds the number equal to one half of the number of horse races on the official programme for that race meeting. (6) Where pursuant to subsection (4) of this section a registered racing club conducts a postponed race meeting that the registered racing club had commenced to conduct on the day on which the race meeting was postponed, the registered racing club shall not hold any horse race at that postponed race meeting other than the horse races specified in the official programme for the race meeting that were not held on the day on which the postponed race meeting was first commenced to be conducted.". 10. Amendment of s. 51 - Limitation of days for coursing . Section 51 of the Principal Act is amended- (a) by inserting in subsection (6c) after the words " subsection (6a) of this section," the words " or if, for reasons that the Minister has signified in writing to be in his opinion sufficient, a coursing club does not desire to conduct any coursing meeting on any such day "; (b) by inserting after subsection (7) the following subsections:- " (7a) The power conferred by subsection (6c) and subsection (7) of this section on the coursing club concerned to conduct a postponed coursing meeting applies both to the case where the coursing meeting is postponed before the coursing club concerned has commenced to conduct the coursing meeting and to the case where the coursing meeting is postponed after the coursing club concerned has commenced to conduct the coursing meeting save where the number of coursing events held at the lastmentioned coursing meeting before the postponement occurs exceeds the number equal to one half of the number of coursing events on the official programme for that coursing meeting.

Racing and Betting Act Amendment Act 1969 , No. 20 119 (7b) Where pursuant to subsection (6c) or (7) of this section, a coursing club conducts a postponed coursing meeting that the coursing club concerned had commenced to conduct on the day on which the coursing meeting was postponed, the coursing club shall not hold any coursing event at that postponed coursing meeting other than the coursing events specified in the official programme for the coursing meeting that were not held on the day on which the postponed coursing meeting was first commenced to be conducted.". 11. Amendment of s. 60 . Offences with respect to operating totalisators . Section 60 of the Principal Act is amended by adding after subsection (7) the following subsections:- " (8) A person operating or assisting in operating a totalisator at a race meeting on any day shall not supply or permit to be supplied any ticket or other instrument whereby a bet on that totalisator is made or evidenced in respect of any event or contingency to be decided on any other racecourse at any time after the racing club by which the race meeting is being conducted has abandoned, before at least one horse race of the race meeting has been held, the conduct of the race meeting on that day. (9) For the purposes of subsection (8) of this section, a racing club shall be taken to have abandoned the conduct of a race meeting as at the time at which a public announcement to that effect shall have been made at the racecourse on behalf of the racing club by which the race meeting was being conducted and the race meeting shall be deemed to have been abandoned if no horse race has been held before the expiration of a period of one hour and thirty minutes after the first horse race of the race meeting was appointed to commence. (10) A person operating or assisting in operating a totalisator at a race meeting for or partly for the racing of trotting horses on a racecourse shall not supply or permit to be supplied any ticket or other instrument whereby a bet on that totalisator is made or evidenced in respect of any event or contingency- (a) where the race meeting is being conducted on a racecourse within the Metropolitan Area, other than- (i) an event to be decided at that race meeting; (ii) an event to be decided at a race meeting on some other racecourse (not being a race meeting roL galloping horses on a racecourse situated within the Metropolitan Area); (b) where the race meeting is being conducted in any Local Authority Area (other than the Metropolitan Area) on a racecourse (other than a racecourse that was licensed as such under this Act for the year ended the thirtieth day of June, one thousand nine hundred and sixty-three and on which race meetings for or partly for trotting horses were held in that year), other than- (i) an event to be decided at that race meeting; (ii) a race for trotting horses to be decided at a race meeting for or partly for trotting horses on some other racecourse;

120 Racing and Betting Act Amendment Act 1969, No. 20 (iii) an event or contingency in respect whereof the Governor in Council (who is hereby thereunto authorized) has, by Order in Council, authorized the supply of tickets at the totalisator operated at a race meeting on such racecourse; (c) where the race meeting is being conducted in any Local Authority Area (other than the Metropolitan Area) on a racecourse that was licensed as such under this Act for the year ended the thirtieth day of June, one thousand nine hundred and sixty-three and on which race meetings for or partly for trotting horses were conducted in that year, in respect whereof the Governor in Council (who is hereby thereunto authorized) has by Order in Council, either generally or in the particular circumstances, prohibited the supply of tickets at the totalisator operated at a race meeting on such racecourse.". 12. Amendment of s. 69-Unpaid dividends . Section 69 of the Principal Act is amended by omitting from subsection (3) the words " before three o'clock in the afternoon of a day not later than seven days after " and inserting in their stead the words " not later than one month from ". 13. Amendment of s. 73-Bookmaker ' s permit tax. (1) Section 73 of the Principal Act is amended- (a) by inserting in subsection (1), after the words " every person who is granted, by ", the words " the Board or "; (b) by inserting in paragraph (i) of subsection (1), after the words " saddling paddock,", the words " in respect of a race meeting held on a day specified in that behalf pursuant to section 44a of this Act, fifty dollars and, in any other case,"; (c) by inserting in subsection (1), after paragraph (v), the following paragraph:- " (va) In the case of permission granted by the Board in respect of a night trotting meeting held on a racecourse situated within the Metropolitan Area- (a) for the saddling paddock, one hundred dollars; (b) for the leger reserve, thirty dollars; (c) for any other part, ten dollars; "; (d) by omitting from paragraph (vi) of subsection (I) the words " a racing club " and inserting in their stead the words " the Board "; (e) by inserting in paragraph (vi) of subsection (1), after the words " a race meeting for trotting horses " the words " (other than a night trotting meeting) ";

Racing and Betting Act Amendment Act 1969, No. 20 121 (f) by omitting from paragraph (vii) of subsection (1) the words " a trotting club " and inserting in their stead the words " the Board "; and (g) by omitting from paragraph (viii) of subsection (1) the words " a trotting club " and inserting in their stead the words " the Board ". (2) Paragraph (c) of subsection (1) of this section shall come into operation on the first day of July, one thousand nine hundred and seventy. 14. Amendment of s. 74- Bookmakers on racecourses . Section 74 of the Principal Act is amended- (a) by renumbering that section as subsection (1); (b) by omitting from subsection (1) as so renumbered paragraph (f) and inserting in its stead the following paragraphs:- (f) In the course of carrying on the business of or acting as a bookmaker at a race meeting for or partly for the racing of trotting horses on a racecourse make a bet on any event or contingency- (i) where the race meeting is being conducted on a racecourse situated within the Metropolitan Area, other than- (A) an event to be decided at that race meeting; (B) an event to be decided at a race meeting on some other racecourse (not being a race meeting for galloping horses on a racecourse situated within the Metropolitan Area); (ii) where the race meeting is being conducted in any Local Authority Area (other than the Metropolitan Area) on a racecourse (other than a racecourse that was licensed as such under this Act for the year ended the thirtieth day of June, one thousand nine hundred and sixty-three and on which race meetings for or partly for trotting horses were conducted in that year), other than- (A) an event to be decided at that race meeting; (B) a race for trotting horses to be decided at a race meeting for or partly for trotting horses on some other racecourse; (C) an event or contingency whereon the Governor in Council (who is hereby thereunto authorized) has, by Order in Council, authorized bets to be made by a bookmaker in the course of carrying on the business of or acting as such at a race meeting on such racecourse; (iii) where the race meeting is being conducted in any Local Authority Area (other than the Metropolitan Area) on a racecourse that was licensed as such under this Act for the year ended the thirtieth day of

122 Racing and Betting Act Amendment Act 1969, No. 20 June, one thousand nine hundred and sixty-three and on which race meetings for or partly for trotting horses were conducted in that year, in respect whereof the Governor in Council (who is hereby thereunto authorized) has by Order in Council either generally or in the particular circumstances prohibited the making of bets by a bookmaker in the course of carrying on the business of or acting as such at a race meeting on such racecourse; (fa) On a day on which a race meeting is actually commenced to be conducted on a racecourse by a racing club lawfully entitled to conduct that race meeting on that racecourse on that day, in the course of carrying on the business of or acting as a .bookmaker at the racecourse make a bet on any event or contingency to be decided on any other racecourse at any time after the racing club concerned has abandoned the conduct of that race meeting on that day before at least one horse race of the race meeting has been held; "; and (c) by adding at the end thereof the following subsection:- " (2) For the purposes of paragraph (fa) of subsection (1) of this section, a racing club shall be taken to have abandoned the conduct of a race meeting as at the time at which a public announcement to that effect shall have been made at the racecourse on behalf of the racing club by which the race meeting was being conducted and the race meeting shall be deemed to have been abandoned if no horse race has been held before the expiration of a period of one hour and thirty minutes after the first horse race of the race meeting was appointed to commence.". 15. Amendment of s. 96-Stamp duty on betting tickets. (1) Section; 96 of the Principal Act is amended- (a) by inserting in subsection (1), after paragraph (a), the following paragraph:- " (aa) Where the ticket is issued in the saddling paddock of a racecourse situated in the Metropolitan Area which is used for the purpose of conducting night trotting meetings, the amount of such stamp duty thereon shall be two cents; "; and (b) by omitting from paragraph (c) of subsection (1) the words " paragraphs (a) or (b) " and inserting in their stead the words " paragraph (a), (aa) or (b) ". (2) Subsection (1) of this section shall come into operation on the first day of February, one thousand nine hundred and seventy.

Racing and Betting Act Amendment Act 1969, No. 20 123 16. Amendment of s. 144- Regulations . Section 144 of the Principal Act is amended by inserting in subsection (1), after paragraph (v), the following paragraph: " (va) the conveying or communicating by any means whatsoever either directly or indirectly to any person other than a person present at a race meeting lawfully conducted on a racecourse of any information concerning the betting or betting odds on any event or contingency of or relating to any race or contest held or to be held at any race meeting (wheresoever held) at any time during the prescribed period of the day on which that lastmentioned race meeting is conducted;".