Racing and Betting Act Amendment Act 1971 (Qld)

246 (Queensf artr ANNO VICESIMO ELIZABETHAE SECUNDAE REGINAE No. 9 of 1971 An Act to Amend the Racing and Betting Act 1954-1969 in certain particulars , and for other purposes [ASSENTED TO 16TH APRIL, 1971] 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 1971. (2) The Racing and Betting Act 1954-1969 is in this Act referred to as the Principal Act. (3) The Principal Act as amended by this Act may be collectively cited as the Racing and Betting Act 1954-1971. 2. Commencement of Act. (1) Except as herein otherwise provided the provisions of this Act shall come into operation on a day to be fixed by the Governor in Council by Proclamation published in the Gazette (hereinafter in this Act referred to as the " Proclaimed Day ").

Racing and Betting Act Amendment Act 1971, No. 9 247 (2) Sections 3, 6, 8, 9, 12 and 17 of this Act shall come into operation on the passing of this Act. (3) If a license to which section 49 of the Principal Act as inserted by this Act applies is issued prior to the Proclaimed Day, it shall be endorsed with a statement that it will not be of force until the Proclaimed Day, it being hereby declared that such license shall have no force whatsoever until the Proclaimed Day. (4) If, pursuant to section 28E of the Principal Act as inserted by this Act; Rules of Greyhound Racing are made before the Proclaimed Day, such Rules shall not have any effect until the Proclaimed Day. 3. Dissolution of the National Coursing Association of Queensland. (1) On and from the Proclaimed Day- (a) the body known as the National Coursing Association of Queensland (which body is referred to in this section as " the Association ") is dissolved; (b) the Committee of the Association is dissolved, and the offices of all persons by whom that Committee is then constituted are vacated; (c) all assets of the Association are divested therefrom and vested in the Greyhound Racing Control Board of Queensland (hereinafter in this section referred to as the Greyhound Board). (2) To the extent of the value of the assets of the Association vested in the Greyhound Board by this section, that Board shall discharge all liabilities of the Association subsisting immediately before the Proclaimed Day but in respect of any excess of such liabilities over the value of such assets the Association and all persons concerned shall continue to be liable as if this Act had not come into operation. (3) All minute books, books of account, registers , records and other documents of the Association shall be handed over forthwith upon the dissolution of the Association by the persons then having the custody or control thereof to the Greyhound Board or a person designated by that Board. (4) Any person authorized by the Board may inspect all minute books, books of account, registers, records and other documents of the Association. A statement in writing under the hand of the Chairman of the Greyhound Board stating that a person is so authorized shall be sufficient evidence of that fact. (5) The Committee of the Association, any member of the Committee and any officer or employee of the Association or of the Committee shall on being required by a person so authorized produce any such book, register, record or document. (6) Any member of the Committee and any officer of the Association and any person who at any time within a period of one year before the passing of this Act was such a member or officer shall, on being required so to do, give to a person authorized by the Board for that purpose all assistance in connexion with' any matter recorded in any book, register, record or document of the Association that he is reasonably able to give. (7) The Committee of the Association, any member of the Committee or any officer or employee of the Association or of the Committee shall not obstruct or hinder the person so authorized whilst exercising any of the powers referred to in subsection (4) of this section.

248 Racing and Betting Act Amendment Act 1971, No. 9 (8) A person who contravenes in any respect the requirements of subsection (3), (5), (6) or (7) of this section shall be guilty of an offence against this Act and liable upon summary conviction to a penalty of two hundred dollars and additionally to a daily penalty of twenty dollars for each and every day on which he continues the offence after he is convicted therefor. (9) All licenses, permits, registrations and acts of authority of the Association subsisting immediately before the Proclaimed Day shall be deemed to be licenses, permits, registrations or acts of authority granted or done by the Greyhound Board and, subject in all respects to the Principal Act as amended by this Act and the Rules of Greyhound Racing, shall continue to be of force and effect accordingly until they expire by effluxion of time or are sooner cancelled or suspended by the Greyhound Board. (10) All applications to the Association for licenses, permits, registrations or in respect of other acts of authority of the Association, including all matters or proceedings with respect to any thereof, commenced or pending or in progress but not finalized before the Proclaimed Day shall be deemed to have been made to the Greyhound Board and may be dealt with by it accordingly. (11) All disqualifications, suspensions and other penalties imposed by the Association and subsisting immediately before the Proclaimed Day shall be deemed to have been imposed by the Greyhound Board and, unless and until the Greyhound Board otherwise directs, shall continue to be of force and effect according to the tenor thereof. (12) All moneys due and unpaid immediately before the Proclaimed Day to the Association by any person on any account whatsoever shall become and be.payable to the Greyhound Board and any amount thereof not paid in full upon demand made by that Board may be recovered by the Greyhound Board from the person concerned by action as for a debt in any court of competent jurisdiction. (13) The Association shall not at any time after the passing of this Act incur any extraordinary expenditure without the prior consent in writing of the Minister. (14) For the purposes of subsection (13) of this section extraordinary expenditure means any expenditure other than- (a) salaries or wages or other remuneration payable to officers and employees of the Association at the rates thereof payable at the passing of this Act or pursuant to any award of any industrial court, commission or tribunal; (b) allowances or expenses, if any, payable to members of the Committee of the Association at the rates thereof payable at the passing of this Act; (c) expenditure in respect of any item the amount whereof does not exceed one hundred dollars; or (d) expenditure approved by the Minister as other than extraordinary expenditure. (15) Every member of the Committee of the Association shall be liable jointly and severally to refund to the Greyhound Board the amount of any expenditure which, being extraordinary expenditure for the purposes of subsection (13) of this section, has been incurred by the Committee contrary to that subsection.

Racing and Betting Act Amendment Act 1971, No. 9 249 (16) The Greyhound Board may recover from any member of the Committee by action as for a debt in any court of competent jurisdiction, any amount to which subsection (15) of this section refers or part thereof which upon demand made by it is not paid by him as demanded. 4. Amendment of s. 3 . Section 3 of the Principal Act is amended by inserting after the expression " Part III-The Queensland Trotting Board (ss. 11-22); " the expression " Part ILIA The Greyhound Racing Control Board of Queensland (ss. 23-28E); " 5. Amendment of s. 6 (1). Subsection (1) of section 6 of the Principal Act is amended by- (a) omitting from the definition " Coursing club " the expression ", conducting, or controlling, or formed for promoting, conducting, or controlling," and inserting in its stead the expression " or conducting, or formed for promoting or conducting,"; (b) inserting after the definition " Financial Year " the following definition:- "Greyhoouunndd Board "-The Greyhound Racing Control Board of Queensland constituted under Part IIIA; " ; (c) inserting after the definition " Night time " the following definition:- " Nigghhtt coursing meeting "-A coursing meeting whereat any coursing event is started after seven o'clock in. the evening; " ; (d) adding to the definition " Registered " the words " or registered as a coursing club by the Greyhound Board "; and (e) inserting after the definition " Rules " the following definition: " " Rules of Greyhound Racing' -The rules governing, and relating to the control of, greyhound racing in Queensland, being the rules made by the Greyhound Board and approved by the Minister pursuant to section 28E of this Act; ". 6. New heading and ss. 23 to 27. After section 22 of the Principal Act the following heading and sections are inserted:- " PART IILA THE GREYHOUND RACING CONTROL BOARD OF QUEENSLAND 23. The Greyhound Racing Control Board of Queensland. (1) There shall be constituted in accordance with this Part a• Board to be called the " Greyhound Racing Control Board of Queensland ". (2) The Greyhound Board shall be deemed to be constituted on and from the date of the first appointment of the members thereof. (3) The Greyhound Board shall not represent the Crown for any purpose whatsoever. (4) The Greyhound Board shall consist of not less than six and not more than seven persons appointed by the Governor in Council upon the nomination of the Minister to be respectively the chairman, deputy chairman and other members of the Board.

250 Racing and Betting Act Amendment Act 1971, No. 9 (5) Notice of the appointment of any person to be a member of the Greyhound Board (including to fill any casual vacancy on the Board) shall be published in the Gazette. (6) The persons appointed to be the chairman and deputy chairman shall be nominated by the Minister for appointment as such. (7) Subject to this Act in respect of any appointment other than the first, of the whole number of the members by whom the Greyhound Board is to be constituted for the time being, the Minister shall nominate- (a) one person from a panel of at least three names of persons who are eligible for appointment to the Board submitted to him by the Queensland Greyhound Breeders, Owners and Trainers Association; and (b) one person from a panel of at least three names of persons who are eligible for appointment to the Board submitted to him by the coursing clubs which conduct coursing meetings. (8) In respect of any appointment, other than the first, of the whole number of the members by whom the Greyhound Board is to be constituted for the time being, the Minister shall cause the Association and coursing clubs referred to in subsection (7) of this section to be notified as he deems fit of a day on or before which he requires that it or they respectively submit to him a panel of at least three names of persons who are eligible for appointment to the Board. (9) If,' in respect of any appointment of the whole number of the members by whom the Greyhound Board is to be constituted for the time being, the Association or coursing clubs referred to in subsection (7) of this section fail to submit to the Minister on or before the day notified by him a panel of at least three names of persons who are eligible for appointment to the Board, the Minister may nevertheless nominate for appointment to the Board the whole number of the members by whom the Greyhound Board is to be constituted for the time being. (10) Subject to this Act, the members of the Board, including the chairman and deputy chairman, shall be appointed to hold office for such period not exceeding three years as is determined by the Governor in Council and stated in the notification of their appointments published in the Gazette, but any person appointed a member of the Board shall, if qualified, be eligible for re-nomination and re-appointment. (11) Whenever the whole number of the members by which the Greyhound Board is constituted for the time being is six, the Governor in Council, upon the nomination of the Minister, may appoint an additional member. (12) A person appointed as a member of the Greyhound Board under subsection (11) of this section shall hold office only until the expiration of the term of office of the other members by whom the Board is constituted at the time of his appointment but shall, if qualified, be eligible for re-nomination and re-appointment.

Racing and Betting Act Amendment Act 1971, No. 9 251 24. Disqualification from membership of Greyhound Board. (1) A person shall not be eligible for nomination for appointment, or appointment, to the Greyhound Board, and shall not be nominated for appointment, or appointed, to that Board if he is- (a) under the age of twenty-one years; (b) a corporation; (c) an officer of the Board; or (d) a registered bookmaker. (2) If any member of the Greyhound Board- (a) is absent without permission of that Board from four consecutive ordinary meetings of the Board; (b) becomes bankrupt or compounds with his creditors; (c) is convicted of any indictable offence; (d) dies or becomes mentally sick;, (e) accepts or holds any place of profit under the Board or is directly or indirectly concerned in any contract with the Board or participates in or derives or is entitled to any benefit either directly or indirectly from any work done or to be done for or goods supplied to or to be supplied to the Board; (f) resigns his office by writing under his hand delivered to the Minister and the resignation is accepted by the Minister; (g) becomes a person who would not be qualified to be appointed a member; or (h) is removed from office by the Governor in Council by notification published in the Gazette on the grounds of mental or physical incapacity to perform his duties or because of any conduct which, in the opinion of the Governor in Council, shows the member to be unfit to be a member of the Board, his seat shall thereupon become vacant and every such vacancy shall be deemed to be a casual vacancy. (3) For the purposes of paragraph (a) of subsection (2) of this section the attendance of a member at the time and place appointed for an ordinary meeting shall be deemed to constitute presence at an ordinary meeting notwithstanding that by reason that no quorum is present no meeting is actually held on that day and the secretary shall enter in the minute book the name of any member who so attends. (4) Notwithstanding the provisions of subsection (2) of this section the office of a member shall not become vacant by reason only that the member or a firm of which he is a partner is appointed or acts in a professional capacity for or on behalf of the Greyhound Board or that the member is a shareholder, director or creditor of a corporation consisting of not less than twenty members which contracts with, or does or undertakes to do work for, or supplies or undertakes to supply goods to, that Board.

252 Racing and Betting Act Amendment Act 1971, No. 9 25. Regulations . (1) The power to make regulations under this Act includes power to make all such regulations as are necessary or convenient to provide for, regulate and control- (a) meetings and the business and procedure at meetings of the Greyhound Board including but without limit to the generality of the foregoing provisions of this paragraph- (i) times and places of meetings; (ii) quorum; (iii) voting which, in the case of the chairman or a person acting in the stead of the chairman, may include a deliberative vote and also, in the case of an equality of votes, a casting vote; (iv) authority to the deputy chairman or, in the absence of the deputy chairman, another member to act and the powers and duties of the deputy chairman or other member authorized to act in the office of the chairman during the absence of the chairman from any meeting or at any other prescribed time, but the member (other than the deputy chairman) so authorized shall be a nominee of the Minister to whom paragraph (a) or (b) of subsection (7) of section 23 of this Act does not apply; (b) the fees or allowances, or both, to be paid to members of the Greyhound Board from its funds, which payments or either thereof may differ as between the chairman, the deputy chairman and the other members; (c) the filling of casual vacancies in the membership of the Greyhound Board and the tenure of office of members appointed to fill casual vacancies; (d) the investment of moneys of the Greyhound Board; (e) borrowing of moneys by the Greyhound Board. (2) Subject as prescribed by the regulations the Greyhound Board may meet at such times and places and conduct its business in such manner as it deems fit. (3) Until the regulations otherwise prescribe not less than four members shall be a quorum. 26. Defects in appointments , etc. (1) No act or proceeding of the Greyhound Board shall be invalid or illegal in consequence only of the number of the members of the Board by which the Board is constituted for the time being not being complete at the time of such act or proceeding. (2) All acts and proceedings of the Greyhound Board shall, notwithstanding any defect in the appointment of any member thereof, or that any member was disentitled or disqualified to act, be as valid as if such member had been duly appointed and was entitled and qualified to act, and as if the Greyhound Board had been properly and fully constituted. 27. Greyhound Board to be a body corporate . (1) The Greyhound Board shall be a body corporate under the name and style of the " Greyhound Racing Control Board of Queensland " and by that name shall have perpetual succession and a common seal and shall be capable in law of suing and

Racing and Betting Act Amendment Act 1971, No. 9 253 being sued, of acquiring, holding, taking on lease or license, exchanging or disposing of property real and personal, movable and immovable and of doing and suffering all such other acts, matters and things as bodies corporate may by law do and suffer. (2) All courts, judges, justices and persons acting judicially shall take judicial notice of the seal of the Greyhound Board affixed to any document, notice or other writing and, until the contrary is proved, shall presume that it was duly affixed.". 7. New s. 28 inserted . After section 27 of the Principal Act as inserted by this Act the following section is inserted:- " 28 . Powers and functions of the Greyhound Board . (1) The Greyhound Board shall have the control and general supervision throughout the State of coursing meetings and coursing. (2) Any and every coursing club which conducts coursing meetings shall do such things and take all such steps as are necessary to give operation and effect to subsection (1) of this section and, without limit to the generality of the foregoing provisions of this subsection, shall not by act or omission refuse or fail to recognize the Greyhound Board as the authority having the control and general supervision throughout Queensland of coursing meetings and coursing or prevent, hinder or prejudice howsoever the exercise by the Greyhound Board of any power, authority, function or duty, conferred or imposed upon it by this Act or the Rules of Greyhound Racing.". 8. New ss. 28A, 288, 28C. After section 28 of the Principal Act as inserted by this Act the following sections are inserted:- " 28A. Publication of information re coursing by Greyhound Board . The Greyhound Board may take and do such steps and things as it deems necessary or desirable to inform and keep informed the public concerning matters pertaining to coursing meetings and coursing, both in and out of Queensland, and for that purpose may print and publish such matter, including any periodical publication, as the Board thinks fit. 28B. Finance . (1) The Treasurer may lend to the Greyhound Board, and that Board may borrow from the Treasurer such amount not exceeding twenty thousand dollars as is prescribed by the Governor in Council by Order in Council upon such terms and conditions relating to the payment of interest and repayment of principal and upon such security as is prescribed by the Governor in Council by Order in Council. (2) For the purpose of providing financial accommodation for enabling the Greyhound Board to exercise and perform its functions, that Board may and is hereby authorized, with the prior approval of the Governor in Council, to obtain from time to time advances- (a) by way of loan or overdraft from any bank; or (b) by way of loan from any other person, upon, at and subject to such security, rate of interest and other terms and conditions as the Board subject to the approval of the Governor in Council, thinks fit.

254 Racing and Betting Act Amendment Act 1971, No. 9 (3) The Greyhound Board shall be a " local body " under and within the meaning of The Local Bodies' Loans Guarantee Acts 1923 to 1957 the provisions whereof shall, subject to such modifications as the Governor in Council may prescribe (either generally or in respect of a particular loan or advance), apply and extend accordingly. 28C. Contributions to Greyhound Board by coursing clubs. '(1) The Greyhound Board may require the registered coursing clubs which conduct coursing meetings to pay to it a percentage as fixed by it of the amounts paid to them respectively in respect of either or both of the following, namely:- (a) any annual or other periodical distribution from the Racing Clubs Turnover Tax Special Fund; or (b) any prescribed distribution made by the Authority established and constituted pursuant to section 71A of this Act under the name of the Totalisator Administration Board of Queensland from the prescribed account called the Coursing Clubs Distribution Account. (2) A registered coursing club shall pay to the Greyhound Board the amount of any payment required by that Board under subsection (1) of this section within the time specified by the Board. Any amount not so paid may be recovered by the Board from the club concerned by action as for a debt in any court of competent jurisdiction and without prejudice to its right to so recover any such amount the Board may suspend the registration of the club concerned until payment is made in full.". 9. New ss. 28D and 28E. After section 28c of the Principal Act, as inserted.by this Act, the following sections are inserted:- " 28D. Officers . (1) The Greyhound Board shall appoint and employ a secretary and may appoint and employ such stewards and other officers and employees as it deems fit. (2) Subject to any applicable award of any industrial court, commission or tribunal the Greyhound Board may pay to its secretary, stewards, other officers and employees respectively such salaries and wages or other remuneration as it determines from time to time. (3) Where any person is appointed an officer or employee of the Greyhound Board who within a period of three months immediately preceding that appointment was an officer or employee of the National Coursing Association of Queensland the period of the service had by such person as an officer or employee of the said Association shall be deemed to be service with the Greyhound Board as respects the calculation of that service in respect of his entitlements to annual leave, sick leave and long service leave respectively but any period of service with the said Association in respect whereof a person has received annual leave, sick leave or long service leave or any equivalent thereof shall not be taken into account as service with the Greyhound Board in calculating his entitlement to the leave in question. 28E. Rules of Greyhound Racing. (1) In this section the term " modifying " means repealing, amending, altering, substituting for, adding to, revising, adopting or modifying otherwise.

Racing and Betting Act Amendment Act 1971, No. 9 255 (2) Subject to this section, the Greyhound Board shall make rules governing, and relating to the control of, greyhound racing in Queensland including but without limiting the generality of the power to make rules, rules relating to the registration of greyhounds and from time to time may make rules modifying those rules or any of them. (3) No rule made by the Greyhound Board pursuant to this section shall have any force or effect in Queensland unless and until it is approved by the Minister who may in his discretion approve or refuse to approve thereof. (4) The Minister may notify in the Gazette that he has approved or refused to approve of any specified such rule and such notification shall be conclusive evidence of the fact thereby notified.". 10. Amendment of s. 30 .. Duty of Committees . Section 30 of the Principal Act is amended by adding the following subsection:- " (3) At all times and with respect to all persons the Rules of Greyhound Racing shall be applied subject to this Act, and all necessary adaptations thereof shall be made for the purpose of giving effect to this Act, and no exemption or waiver of any of those Rules whereby effect would not be given to this Act, shall be made or permitted by any coursing club.". 11. New s. 33A. After section 33 of the Principal Act the following section is inserted:- " 33A. Registration of coursing clubs. (1) Without derogating from the provisions of subsection (3) of section 30 of this Act, the provisions of the Rules of Greyhound Racing relating to the registration of coursing clubs by the Greyhound Board shall be read subject to this section. (2) The Greyhound Board shall not register any coursing club which is not a non-proprietary club or renew the registration of any coursing club which subsequently to registration by it shall have ceased to be a non-proprietary club. (3) If a coursing club registered by the Greyhound Board fails, in any respect, to continue to be a non-proprietary club, the Board shall revoke the registration. (4) If a coursing club which is registered by the Greyhound Board contravenes in any respect section 32 of this Act, the Greyhound Board shall revoke the registration and may do so notwithstanding that there has been no prosecution for an offence under this Act in respect of that contravention. (5) Any coursing club may appeal to the Governor in Council against the refusal of the Greyhound Board to register it or to renew its registration or against the revocation by the Greyhound Board of its registration and the decision of the Governor in Council with respect to that appeal shall be final and without further appeal and shall be binding upon the Greyhound Board, the coursing club, and all other persons concerned. (6) Without prejudice to any other means of enforcement, the Greyhound Board or any coursing club, or other person which or who fails to comply with a decision binding, under subsection (5) of this section, upon it or him shall be guilty of an offence against this Act.".

256 Racing and Betting Act Amendment Act 1971, No. 9 12. Amendment of s. 34 . Audit of books and accounts of racing clubs . Section 34 of the Principal Act is amended by inserting in subsection (3), at the end thereof, the words " and the Greyhound Board ". 13. Amendment of s. 36 . Days whereon racing or coursing is unlawful. Section 36 of the Principal Act is amended- (a) by adding to the general words appearing before paragraph (a) of subsection (2) the words " other than a night coursing meeting "; and (b) by adding the following subsections:- " (7) It shall be unlawful for a person to conduct in any part of the State a night coursing meeting- (a) on any day other than a Monday or a Thursday the date whereof is not the twenty-fifth day of December (Christmas Day); (b) which is commenced before thirty minutes after six o'clock in the afternoon; (c) whereat any coursing event is started before thirty minutes after six o'clock in the afternoon or after eleven o'clock in the evening; or (d) whereat any event or contingency other than a coursing event is held. (8) For the purposes of subsection (7) of this section a night coursing meeting shall be deemed to be commenced before thirty minutes after six o 'clock in the afternoon of any day if before six o'clock in the afternoon of that day- (a) betting occurs on the coursing ground whereon the night coursing meeting in question is to be conducted on an event or contingency to be decided thereat; (b) the person by whom the night coursing meeting in question is to be conducted publishes or permits or allows to be published (otherwise than by means of race books) on the coursing ground whereon the night coursing meeting is to be conducted any information concerning- (i) any coursing event to be held at that night coursing meeting; (ii) any particulars concerning the greyhounds that will or will not take part in any coursing event at that night coursing meeting; (iii) the position or positions in the starting boxes which any one or more of the greyhounds taking part in any coursing event at that night coursing meeting will occupy; (iv) the betting on that coursing ground on any greyhound or greyhounds taking part in any coursing event to be held at that night coursing meeting.". 14. Amendment of s. 38 . Unregistered racing unlawful . Section 38 of the Principal Act is amended by adding thereto the words " or a coursing meeting ".

Racing and Betting Act Amendment Act 1971, No. 9 257 15. Amendment of s. 42 . Section 42 of the Principal Act is amended by omitting subsection (4) and inserting in its stead the following subsection:- " (4) Restriction on use of coursing grounds. It shall be unlawful for a person to conduct a coursing meeting (other than a night coursing meeting ) on a coursing ground which is not licensed under this Act for the conducting thereon of such a meeting. (5) For the purpose of subsection (4) of this section a coursing ground licensed under section 49 of this Act for the conducting thereon of night coursing meetings shall, by virtue of such license, be deemed also to be licensed under this Act for the conducting thereon of coursing meetings (other than night coursing meetings).". 16. Repeal of and new s. 43. Section 43 of the Principal Act is repealed and the following section is inserted in its stead:- "43. Night racing meeting, or horse race, for galloping horses unlawful . It shall be unlawful for a person to conduct a race meeting, or a horse race, for galloping horses during night time.". 17. New s. 49 inserted . After section 48 of the Principal Act the following section is inserted:- 11 49. Restriction on use of coursing grounds for night coursing. (1) It shall be unlawful for any person to conduct a night coursing meeting on a coursing ground which is not licensed under this section for the conducting thereon of night coursing meetings. (2) In respect of any coursing grounds a license (not being a renewal of a license) shall not be granted pursuant to this section except upon the recommendation of the Greyhound Board approved by the Minister. (3) The Greyhound Board- (a) in respect of the Metropolitan Area, shall; and (b) in respect of any other area may, with the prior approval of the Minister, by public invitation invite applications for the recommendation of the Greyhound Board that the applicant be granted a license pursuant to this section in respect of a coursing ground in the area in question for the conducting thereon of night coursing meetings. (4) The Greyhound Board in an invitation pursuant to subsection (3) of this section- (a) shall state the minimum number of days which, subject to sections 50 and 51 of this Act, during the period specified in the invitation the Board will allot to the applicant recommended by it in relation to the coursing ground licensed under this Act pursuant to the recommendation; (b) (additionally to the information prescribed to be contained in an application for a license for a coursing ground) with respect to the coursing track, the lighting thereof and other specified amenities in connexion with the coursing ground which may be licensed, may specify minimum requirements as respects standards and otherwise which the Board will require before it recommends the grant of a license; 9

258 Racing and Betting Act Amendment Act 1971, No. 9 (c) shall state that every application shall contain particulars of the means by which and the sources from which the applicant proposes to provide the necessary finance including, in the case of any finance by way of loan, the terms and conditions.of the loan; (d) shall state a date on or before which applications shall be made to the Board. (5) The Greyhound Board shall not be bound to make a recommendation under this section. in respect of an application. (6) The Greyhound Board shall not recommend the grant to an applicant of a license pursuant to this section- (a) without the prior approval of the Minister; or (b) subject to subsection (7) of this section, until it is satisfied and certifies to the Minister that, in respect of the coursing ground concerned, the coursing track and the lighting thereof, and other amenities in connexion therewith have been provided and completed to the requirements and satisfaction of the Board as respects standards and otherwise. (7) The Greyhound Board may, with the prior approval of the Minister, make a provisional recommendation under this section. (8) A provisional recommendation shall specify a period of time within which the applicant concerned shall satisfy the Greyhound Board as prescribed by paragraph (b) of subsection (6) of this section. (9) The Greyhound Board may with the approval of the Minister extend a period of time specified for the purposes of subsection (8) of this section. (10) If at the expiration of a period to which subsection (8) of this section refers or any extension thereof the Greyhound Board is not satisfied as prescribed by paragraph (b) of subsection (6) of this section, the provisional recommendation shall lapse and become and be of no force or effect whatsoever but if before the expiration of such period or of any extension thereof the Board is satisfied as aforesaid it shall certify accordingly to the Minister, and shall recommend that the license in question be granted. (II) The Authority charged with licensing racecourses and coursing grounds shall issue a license under this Act for a coursing ground for the conducting thereon of night coursing meetings in accordance with a recommendation of the Greyhound Board approved by the Minister under this section that such license be granted and subsection (2) of section 52 of this Act applies subject to this subsection.". 18. Repeal of and new s. 50. Section 50 of the Principal Act is repealed and the following section is inserted in its stead:- " 50 . Limitation of days for coursing . (1) From time to time the Governor in Council by Order in Council may fix the maximum numbers of days on which coursing meetings (other than night coursing meetings) and night coursing meetings respectively may be held in the following areas respectively, namely:- . The Metropolitan Area;

Racing and Betting Act Amendment Act 1971, No. 9 259 (b) any Local Authority Area specified in paragraph (b) of subsection (2) of section 36 of this Act; or (c) any other area defined in the Order in Council, during the period specified in the Order in Council. (2) Without prejudice to any powers conferred by section 51 of this Act, the Governor in Council may in any Order in Council made pursuant to subsection (1) of this section, or in another Order in Council, specify days identified by dates or otherwise up to the maximum number of days fixed by the Order in Council made pursuant to subsection (1) of this section to be the days on which- (a) coursing meetings other than night coursing meetings; or (b) night coursing meetings; or (c) both respectively, may, during the period specified in the Order in Council made pursuant to subsection (1) of this section, be held in the area or the areas respectively specified or defined in that Order in Council.". 19. Repeal of and new s. 51. Section 51 of the Principal Act is repealed and the following section is inserted in its stead:- " 51. Allotment of days for coursing . (1) The Greyhound Board may allot to a registered coursing club specified days identified by dates or otherwise on which the club may conduct- (a) coursing meetings (other thap night coursing meetings): or (b) night coursing meetings, in any specified area during any specified period. (2) An allotment under subsection (1) of this section shall be made in relation to a specified coursing ground. (3) In respect of any area and period, the Greyhound Board shall not allot- (a) a day prescribed as a day on which it is unlawful to hold the coursing meeting the subject of the allotment; (b) a total number of days in excess of the relevant maximum number of days fixed by the Governor in Council pursuant to section 50 of this Act; (c) where such relevant maximum number of days comprises specified days identified by dates or otherwise by the Governor in Council pursuant to section 50 of this Act, any day not so specified. (4) It shall be unlawful for a coursing club to conduct on a coursing ground in any area during any period a coursing meeting (other than a night coursing meeting) or a night coursing meeting on a day not allotted by the Greyhound Board to that club for the conducting by it on the coursing ground and day in question of that coursing meeting (other than a night coursing meeting) or, as the case may be, that night coursing meeting.

260 Racing and Betting Act Amendment Act 1971, No. 9 (5) If, owing to weather conditions, a registered coursing club finds it impossible or impracticable to conduct any coursing meeting (other than a night coursing meeting) or, as the case may be, any night coursing meeting on any day allotted to that club by the Greyhound Board, or if, for any reason that the Greyhound Board considers to be sufficient, a registered coursing club does not desire to conduct any coursing meeting on any such day, then that club may, subject to subsections (7) and (8) of this section, postpone the same until a day (being in respect of the area in question a day on which a coursing meeting other than a night coursing meeting or, as the case requires, a night coursing meeting may lawfully be conducted under this Act) as the Board may approve. (6) Section 50 of this Act and subsection (4) of this section apply subject to subsection (5) of this section. (7) The power conferred by subsection (5) of this section on the coursing club concerned to postpone a 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 had commenced to conduct the coursing meeting but not to the case 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. (8) Where pursuant to subsection (5) 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.". 20. Amendment of s. 57. Minister may grant totalisator licenses. Section 57 of the Principal Act is amended- (a) by omitting from subsection (1) the expression " made to him by a racing club which he is satisfied bona fide and lawfully conducts race meetings , grant to that racing club " and inserting in its stead the following expression:- " made to him- (a) by a racing club which he is satisfied bona fide and lawfully conducts race meetings; or (b) by a coursing club which he is satisfied bona fide and lawfully conducts coursing meetings, grant to that racing club or, as the case may be, coursing club "; (b) by inserting in subsection (3), after the words " the racing club ", the words " or coursing club ";

Racing and Betting Act Amendment Act 1971, No. 9 261 (c) by omitting from paragraph (a) of subsection (5) the expression " specify the racecourse or racecourses on which the racing club to which that license " and inserting in its stead the following expression:- " specify- (i) the racecourse or racecourses on which the racing club; or (ii) the coursing ground or coursing grounds on which the coursing club, to which that license "; (d) by inserting in paragraph (b) of subsection (5), after the words " the racing club ", the words " or coursing club "; (e) by inserting after subsection (6) the following subsection:- " (6A) The Minister from time to time by writing may, upon application made for the purpose by a coursing club to which a totalisator license has been granted, authorize the operating of totalisators on some other coursing ground or coursing grounds or on some other day or days in place of any coursing ground or coursing grounds or, as the case may be, day or days specified in that totalisator license , whereupon, for the purposes of this Part, such newly authorized coursing ground or coursing grounds or day or days shall be deemed to be specified in the totalisator license in place of the coursing ground or coursing grounds or day or days as originally specified therein and for which the same has or have been so substituted."; (f) by adding to subsection (7) the words " or on a coursing ground at a coursing meeting "; and (g) by adding to subsection (8) the words "or on any coursing ground on a day on which the conducting on that coursing ground of a coursing meeting is unlawful ". 21. Amendment of s. 58 . Classes of totalisators . Section 58 of the Principal Act is amended by inserting in subsection (2), after the word " racecourse ", the words " or, as the case may be, coursing ground ". 22. Amendment of s. 59 . Days on which totalisators may be operated under the authority of a license . Section 59 of the Principal Act is amended by adding to that section the following subsections:- " (3) The following days, and no other days whatever, shall be days on which a coursing club shall be authorized by a totalisator license to operate totalisators, namely:- (a) Where that license does not specify any period or day or days during or on which the coursing club to which it is granted is thereby authorized to operate totalisators, then on any and every day whilst that license remains in force on which that coursing club, being lawfully entitled to conduct a coursing meeting on any coursing ground specified in that license, does so; (b) Where that license specifies a period during which the coursing club to which it is granted is thereby authorized to operate totalisators, then on any and every day during that period on which that coursing club, being lawfully entitled to conduct a coursing meeting on any coursing ground specified in that license, does so; or

262 Racing and Betting Act Amendment Act 1971, No. 9 (c) Where that license specifies a day or days on which the coursing club to which it is granted is thereby authorized to operate totalisators, then on any and every day so specified on which that coursing club, being lawfully entitled to conduct a coursing meeting on any coursing ground specified in that license, does so. (4) A coursing club shall not be authorized by a totalisator license to operate totalisators on any coursing ground specified in that license- (a) after seven o'clock in the evening of any day unless it is lawful for the coursing club to conduct a night coursing meeting, and the night coursing meeting is actually conducted, on that coursing ground on that day; or (b) before six o'clock in the afternoon of any day unless it is lawful for the coursing club to conduct a coursing meeting other than a night coursing meeting, and the coursing meeting is actually conducted, on that coursing ground on that day.". 23. Amendment of s. 60 . Offences with respect to operating totalisators . Section 60 of the Principal Act is amended- (a) by inserting in subsection (1), at the end thereof, the words " or coursing ground "; (b) by inserting in subsection (2), at the end thereof, the words " or coursing ground "; (c) by omitting subsections (3) and (4) and inserting in their stead the following subsections:- " (3) A person shall not on any day operate or assist in operating a totalisator on a racecourse or coursing ground unless- (a) a race meeting or coursing meeting is actually conducted on that racecourse or coursing ground on that day; (b) that meeting is conducted by a racing club or a coursing club; (c) it is lawful for that racing club or coursing club to conduct that race meeting or coursing meeting on that racecourse or coursing ground on that day; (d) that racing club or coursing club is authorised by a totalisator license to operate that totalisator on that racecourse or coursing ground on that day; (e) that totalisator is there and then operated by the authority and under the control of the Committee of that racing club or coursing club; and (f) that totalisator is there and then operated in compliance in every respect with the terms and conditions prescribed with respect to totalisator licenses and additionally the terms and conditions, if any, imposed by the Minister in respect of the totalisator license in question. (4) A person shall not on any day operate or assist in operating on a coursing ground whilst that coursing ground is being used as such a totalisator in respect of any event or

Racing and Betting Act Amendment Act 1971, No. 9 263 contingency save a coursing event to be decided at a coursing meeting which is lawful according to the law in force when and where that meeting is held."; (d) by inserting in subsection (5) after the word " racecourse " the words " whilst that racecourse is being used as such "; (e) by omitting subsections (6) and (7) and inserting in their stead the following subsections:- " (6) A person shall not on any day on any racecourse or coursing ground operate or assist in operating on that racecourse or coursing ground a totalisator before six o'clock in the afternoon unless it is lawful to conduct a race meeting other than a night trotting meeting or a coursing meeting other than a night coursing meeting , and such race meeting or coursing meeting is actually conducted, on that racecourse or coursing ground on that day. (7) A person shall not on any day on any racecourse or coursing ground operate or assist in operating on that racecourse or coursing ground a totalisator after seven o'clock in the evening unless it is lawful to conduct a night trotting meeting or a night coursing meeting, and such night trotting meeting or night coursing meeting is actually conducted, on that racecourse or coursing ground on that day."; and (f) by inserting after subsection (10) the following subsections:- " (11) A person operating or assisting in operating a totalisator at a coursing 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 coursing ground at any time after the coursing club by which the coursing meeting is being conducted has abandoned, before at least one coursing event of the coursing meeting has been held, the conduct of the coursing meeting on that day. (12) For the purposes of subsection (11) of this section, a coursing club shall be taken to have abandoned the conduct of a coursing meeting as at the time at which a public announcement to that effect shall have been made at the coursing ground on behalf of the coursing club by which. the coursing meeting was being conducted and the coursing meeting shall be deemed to have been abandoned if no coursing event has been held before the expiration of a period of one hour and thirty minutes after the first coursing event of the coursing meeting was appointed to commence.". 24. Amendment of s. 62. Closing of totalisators . Section 62 of the Principal Act is amended- (a) by renumbering that section as subsection (1); and (b) by adding the following subsection: " (2) A coursing club conducting a coursing meeting- (i) Shall cause to be closed the totalisators operating at that coursing meeting in respect of any event at the prescribed' time (which in no case shall be later than the time of the actual start of the event) or, if no such time is prescribed, immediately upon the actual start of the event; and

264 Racing and Betting Act Amendment Act 1971, No. 9 (ii) Shall not permit to be sold any ticket at a totalisator operating at the coursing meeting in respect of any event after the time when that club is required by this section to close that totalisator.". 25. Amendment of s. 65. Totalisator tax. Section 65 of the Principal Act is amended by inserting after subsection (2) the following subsections:- " (3) There shall be levied, charged, and paid to the use of Her Majesty in right of this State by each and every coursing club authorized under this Part to operate totalisators, a tax which shall be known as totalisator tax, and which shall be a sum equal to five per centum of all moneys paid into each and every totalisator operated at each coursing meeting conducted by the coursing club. (4) The sum to be charged by and to be paid to a coursing club authorized under this Part to operate totalisators, as and for commission shall not exceed- (i) (in the case of a totalisator operated at a coursing meeting conducted on a coursing ground situated in the Metropolitan Area) eight and three-quarters per centum; (ii) (in the case of a totalisator operated at a coursing meeting conducted on a coursing ground other than a coursing ground situated in the Metropolitan Area) ten per centum, of all moneys paid into each and every totalisator operated at each coursing meeting conducted by the coursing club. This subsection applies subject to paragraph (f) of subsection (6) of section 71A of this Act.". 26. Amendment of s. 66. Mode of dealing with moneys paid into totalisator . Section 66 of the Principal Act is amended- (a) by inserting in paragraph (i) of subsection (1), after the words " racing club ", the words " or coursing club "; (b) by inserting in paragraph (a) of subsection (4) after the words " any race meeting on a racecourse ", the words " or any coursing meeting on a coursing ground "; (c) by inserting in paragraph (a) of subsection (4), after the word " horses ", the words " or dogs "; (d) by inserting in paragraph (a) of subsection (4), after the words " paragraph (c) of this subsection " the words " or in relation to any dog specified in paragraph (d) of this subsection "; (e) by inserting in subsection (4), after the words " race meeting (wherever occurring other than where they first occur), the words " or coursing meeting "; (f) by inserting in paragraph (b) of subsection (4), after the word " horse ", the words " or dog ";

Racing and Betting Act Amendment Act 1971, No. 9 265 (g) by inserting in subsection (4), at the end thereof, the following paragraph:- " (d) An investor shall not, under or by virtue of any provision of this subsection, be entitled to be paid or be paid a dividend of not less than fifty-five cents for each unit of any investment in- (i) a win only totalisator made by him in relation to a dog which runs a dead heat with any other dog or dogs for first place in the event or contingency in question; or (ii) a place totalisator made by him in relation to a dog which runs a dead heat with any other dog or dogs for- (A) in any case where only two dividends are payable, second place; or (B) in any case where three dividends are payable, third place, in the event or contingency in question; or (iii) a place totalisator made by him in relation to a coursing event in respect whereof more than thirty-three and one-third per centum (or such other per centum as the Governor in Council by Order in Council may from time to time fix) of all investments made in that totalisator in relation to that coursing event have been made on a dog whereon a dividend is payable: Provided that an investor who, by reason only of the provisions of subparagraph (iii) of this paragraph (d) is not entitled to be paid a dividend of fifty-five cents for each unit of any investment specified in that subparagraph, shall nevertheless be entitled to be paid a dividend of fifty cents for each such unit."; and (h) by inserting in paragraph (c) of subsection (5), after the words " race meeting ", the words " or coursing meeting ". 27. Amendment of s. 67. Declaration of totalisator transactions. Section 67 of the Principal Act is amended- (a) by inserting in subsection (1), after the words " conducted by a racing club ", the words "or at a coursing meeting conducted by a coursing club "; (b) by inserting, after the words " racing club " (wherever occurring other than where the words firstly occur), the words " or, as the case may be, coursing club "; (c) by inserting, after the words " race meeting " (wherever occurring other than where the words firstly occur), the words " or, as the case may be, coursing meeting "; and (d) by inserting in paragraph (iii) of subsection (2), after the word " racecourse ", the words " or coursing ground ". 28. Amendment of s. 68. When totalisator tax, etc., to be paid. Section 68 of the Principal Act is amended- (a) by inserting in subsection (I), after the words " conducted by a racing club ", the words "or at a coursing meeting conducted by a coursing club "; (b) by inserting, after the words " race meeting " (wherever occurring other than where the words firstly occur), the words " or, as the case may be, coursing meeting ";

266 Racing and Betting Act Amendment Act 1971, No. 9 (c) by inserting, after the words " racing club " (wherever occurring other than where the words firstly occur), the words " or, as the case may be, coursing club "; and (d) by inserting in subparagraph (a) of paragraph (ii) of subsection (1), after the word " racecourse ", the words " or, as the case may be, coursing ground ". 29. Amendment of s. 69. Unpaid - dividends . Section 69 of the Principal Act is amended- (a) by inserting in subsections (1) and (2), after the words " race meeting " (wherever occurring), the words " or coursing meeting "; (b) by omitting from subsection (3) the words " (whether on the racecourse where such dividend became payable or on any other racecourse) " and inserting in their stead the words " or coursing meeting (whether on the racecourse or coursing ground where the dividend became payable or on any other racecourse or coursing ground) "; and (c) by inserting in paragraphs (a) and (b) of subsection (4), after the word " racecourse " (wherever occurring), the words " or coursing ground ". 30. Amendment of s. 71 . Books to be kept. Section 71 of the Principal Act is amended by inserting, after the words " conducting a race meeting ", the words " and the coursing club conducting a coursing meeting ". 31. Amendment of s. 71A. Off the course betting on totalisators. Section 71A of the Principal Act is amended- (a) by inserting in subsection (1), after the word " totalisators ", the words " and betting off a coursing ground on totalisators "; (b) by inserting in subsection (3), after the words " on totalisators ", the words " and betting off a coursing ground on totalisators "; (c) by omitting from paragraph (a) of subsection (6) the words "subsection (1) of "; (d) by inserting in paragraph (a) of subsection (6), after the word " Authority ", the words " and on all bets made off a coursing ground on a totalisator or with the Authority "; (e) by inserting in paragraph (b) of subsection (6), after the words " on a racecourse ", the words " or coursing ground"; (f) by adding to subsection (6) the following paragraphs:- " (e) As respects bets made through the Authority on a totalisator on a coursing ground payments by the Authority pursuant to paragraph (b) of this subsection shall to the extent thereof satisfy the liability of the coursing club concerned under section sixty-eight of this Act, and such coursing club shall credit the Authority with the amount of every such payment due by it and every amount so credited shall be set off against the sum in respect of totalisator tax payable by the Authority to the coursing club in respect of bets to which the credit relates.

Racing and Betting Act Amendment Act 1971, No. 9 267 (f) In respect of bets made off a coursing ground on a totalisator on such coursing ground or with the Authority, the commission prescribed by subsection (4) of section sixty-five of this Act shall be payable to the Authority and, in respect of bets made off a coursing ground on a totalisator on a coursing ground, shall be deducted from the moneys paid into the totalisator in respect of such bets and paid to the Authority by the coursing club authorized under this Act to operate the totalisator. In the case of bets made with the Authority the commission prescribed by subsection (4) of section sixty-five of this Act shall be deemed to be- (i) in respect of a coursing event or coursing events to be decided at a coursing meeting or coursing meetings in Queensland, commission at the rate per centum prescribed by the said subsection (4) to be payable in respect of a totalisator operated on the coursing ground whereon such coursing meeting or coursing meetings is or are held; (ii) in respect of a coursing event or coursing events to be decided at a coursing meeting or coursing meetings elsewhere than in Queensland, commission at the rate of ten per centum of the amount of all bets."; and (g) by inserting in subsection (7), after the word " racecourse " (wherever occurring), the words " or coursing ground ". 32. Amendment of s. 71B. Power of Authority to bet with persons outside Queensland . Section 71s of the Principal Act is amended- (a) by inserting in subsection (1) after the words " off a racecourse " the words " or coursing ground "; (b) by omitting from subsection (2) the words " subsection (1) of " (where secondly occurring); (c) by omitting from subsection (2) the words " paragraph (d) of "; (d) by omitting from subsection (2) the words " subsection (2) of"; (e) by omitting from subsection (3) the words •" subsection (1) of " (where secondly occurring); and (f) by omitting from subsection (4) the words " subsection (1) of " (wherever occurring other than where those words first occur). 33. Amendment of s. 73. Bookmaker ' s permit tax.. Section 73 of the Principal Act is amended- (a) by inserting in subsection (1), after the words " the Board or ", the words " the Greyhound Board or "; (b) by omitting paragraph (ix) of subsection (1) and inserting in its stead the following paragraphs:- " (ix) In the case of permission granted by the Greyhound Board- (a) in respect of a night coursing meeting held on a coursing ground situated within the Metropolitan Area, one hundred dollars;

268 Racing and Betting Act Amendment Act 1971, No. 9 (b) in respect of a night coursing meeting held on a coursing ground situated elsewhere within the State than within the Metropolitan Area, thirty dollars. (x) In the case of permission. granted by the Greyhound Board- (a) in respect of a coursing meeting (other than a night coursing meeting) held on a coursing ground situated within a twenty-miles radius of the General Post Office at Brisbane, twenty dollars; (b) in respect of a coursing meeting (other than a night coursing, meeting) held on a coursing ground situated elsewhere within the State than as specified in subparagraph (a) of this paragraph, ten dollars."; (c) by omitting from subsection (2) paragraphs (v), (vi) and (vii) and inserting in their stead the following paragraphs: " (v) Who, in respect of coursing meetings, has paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of any coursing ground, shall not be required to pay any further such tax for that financial year in respect of any other coursing ground whereon coursing meetings are conducted in respect whereof the same amount or a lesser amount of bookmaker's permit tax is payable under this section; (vi) Who, in respect of coursing meetings, has paid for any financial year the amount of bookmaker's permit tax payable under this section in respect of any coursing ground, shall, as respects any other coursing ground, whereon coursing meetings are conducted in respect whereof a higher amount of bookmaker's permit tax is payable under this section, only be liable to pay for that financial year the difference between the amount of bookmaker's permit tax so paid and the higher amount in question of that tax."; and (d) by inserting in paragraph (a) of subsection (3), after the word " racecourse ", the words " or coursing ground ". 34. Amendment of s. 74. Bookmaking on racecourses . Section 74 of the Principal Act is amended by adding the following subsection:- " (3) Where a racecourse is also used as a coursing ground nothing in this section shall be taken as prohibiting a person from carrying on the business of or acting as a bookmaker at a coursing meeting on the coursing ground conducted by a coursing club lawfully entitled to conduct that coursing meeting on that coursing ground on the day on which the coursing meeting is conducted.". 35. Amendment of s. 75. Bookmaking on coursing grounds . Section 75 of the Principal Act is amended- (a) by renumbering that section as subsection (1); (b) by inserting in paragraph (f) of subsection (1), at the end thereof, the words " or an event to be decided at a coursing meeting on some other coursing ground ";

Racing and Betting Act Amendment Act 1971, No. 9 269 (c) by inserting in subsection ( 1), at the end thereof , the following paragraphs; " (g) On a day on which a coursing meeting is actually commenced to be conducted on a coursing ground by a coursing club lawfully entitled to conduct that coursing meeting on that coursing ground on that day , in the course of carrying on the business of or acting as a bookmaker at the coursing ground make a bet on any event or contingency to be decided on any other coursing ground at any time after the coursing club concerned has abandoned the conduct of that coursing meeting on that day before at least one coursing event of the coursing meeting has been held; or (h) On a day on which a night coursing meeting may lawfully be conducted on a coursing ground carry on the business of or act as a bookmaker anywhere on that coursing ground before six o'clock in the afternoon of that day unless it is lawful to conduct a coursing meeting other than a night coursing meeting and such coursing meeting is actually conducted on that coursing ground on that day; or (i) On a day on which a coursing meeting other than a night coursing meeting may lawfully be conducted on a coursing ground carry on the business of or act as a bookmaker anywhere on that coursing ground after seven o ' clock in the evening of that day unless it is lawful to conduct a night coursing meeting and such night coursing meeting is actually conducted on that coursing ground on that day."; and (d) by adding, at the end thereof, the following subsections:- " (2) For the purposes of paragraph ( g) of subsection (1) of this section , a coursing club shall be taken to have abandoned the conduct of a coursing meeting as at the time at which a public announcement to that effect shall have been made at the coursing ground on behalf of the coursing club by which the coursing meeting was being conducted and the coursing meeting shall be deemed to have been abandoned if no coursing event has been held before the expiration of a period of one hour and thirty minutes after the first coursing event of the coursing meeting was appointed to commence. (3) Where a racecourse is also used as a coursing ground, nothing in this section shall be taken as prohibiting a person from carrying on the business of or acting as a bookmaker at a race meeting on the racecourse conducted by a racing club lawfully entitled to conduct that race meeting on that racecourse on the day on which the race meeting is conducted.".

270 Racing and Betting Act Amendment Act 1971, No. 9 36. Amendment of s. 77. Duties of clubs with respect to illegal bookmaking . Section 77 of the Principal Act is amended- (a) by omitting from subsection (2) the expression commencing with the words " shall be conclusive proof " and ending at the end of that subsection and inserting in its stead the following expression:- " shall, subject to subsections (3), (4) and (5) of this section be conclusive proof that that racecourse, coursing ground, or, as the case may be, athletic ground was at all times throughout that day under the control of that club "; and (b) by adding the following subsections:- " (3) Where both a race meeting other than a night trotting meeting and a night trotting meeting are conducted on a racecourse on the same day proof of that fact shall, unless and until the contrary is proved be conclusive proof that such racecourse- (a) was under the control of the racing club which conducted the race meeting other than a night trotting meeting at all times before six o'clock in the afternoon of that day; and (b) was under - the control of the racing club which conducted the night trotting meeting at all times after seven o'clock in the evening of that day. (4) Where both a coursing meeting other than a night coursing meeting and a night coursing meeting are conducted on a coursing ground on the same day proof of that fact shall, unless and until the contrary is proved, be conclusive proof that such coursing ground- (a) was under the control of the coursing club which conducted the coursing meeting other than a night coursing meeting at all times before six o'clock in the afternoon of that day; and (b) was under the control of the coursing club which conducted the night coursing meeting at all times after seven o'clock in the evening of that day. (5) Where a place is both a racecourse and a coursing ground and a race meeting and a coursing meeting are conducted on that place on the same day proof'of that fact shall, unless and until the contrary is proved be conclusive proof that such place- (a) was under the control of the racing club which conducted a race meeting other than a night trotting meeting at all times before six o'clock in the afternoon of that day; and (b) was under the control of the coursing club which conducted a coursing meeting other than a night coursing meeting at all times before six o'clock in the afternoon of that day; and

Racing and Betting Act Amendment Act 1971, No. 9 271 (c) was under the control of the racing club which conducted a night trotting meeting at all times after seven o'clock in the evening of that day; and (d) was under the control of the coursing club which conducted a night coursing meeting at all times after seven o'clock in the evening of that day.". 37. Amendment of s. 958 . Recovery of bookmaker ' s turnover tax and offences with respect thereto . Section 95B of the Principal Act is amended by omitting subparagraph (iii) of paragraph (f) of subsection (5) and inserting in its stead the following subparagraph:- " (iii) in relation to a coursing club, the Greyhound Board.". 38. Amendment of s. 96. Stamp duty on betting tickets. Section 96 of the Principal Act is amended- (a) by inserting in subsection (1) after paragraph (aa) the following paragraph: " (ab) Where the ticket is issued at a night coursing meeting on a coursing ground situated in the Metropolitan Area the amount of such stamp duty thereon shall be two cents."; (b) by inserting in paragraph (c) of subsection (1), after the expression "(aa) ", the expression " , (ab) ". 39. Amendment of s. 102. Bookmakers to keep complete- and proper books. Section 102 of the Principal Act is amended- (a) by omitting subsection (3) and inserting in its stead the following subsection:- " (3) Every bookmaker thereunto required by the principal club by or under the authority of which he is licensed as such or (if licensed as such by or under the authority of the Board) by the Board or (if licensed as such by or under the authority of the Greyhound Board) by the Greyhound Board shall deliver to such principal club, the Board or the Greyhound Board, as the case may be, in accordance with its requisition a duplicate, original or carbon copy of any betting sheet used by him."; (b) by omitting from subsection (5) the words " or the Board " (where firstly occurring) and inserting in their stead the expression ", the Board or the Greyhound Board "; (c) by inserting in subsection (5), after the words " rules of trotting racing ", the words " or the rules of greyhound racing "; and (d) by omitting from subsection (5) the words " or the Board " (where secondly occurring) and inserting in their stead the expression ", the Board or the Greyhound Board, as the case may be,".

272 Racing and Betting Act Amendment Act 1971, No. 9 40. Amendment of s. 144. Regulations. Section 144 of the Principal Act is amended- (a) by inserting in subparagraph (ii) of the second paragraph of subsection (1), after the word " horses ", the words " or dogs "; (b) by inserting in subparagraph (ii) of the second paragraph of subsection (1), after the words " racing club ", the words " or coursing club "; and (c) by omitting subparagraph (va) of the second paragraph of subsection (1) and inserting in its stead the following subparagraph - " (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 or coursing meeting lawfully conducted on a racecourse or coursing ground 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 or coursing meeting (wheresoever held) at any time during the prescribed period of the day on which that last mentioned race meeting or coursing meeting is conducted; ". 41. Amendment of 7 Eliz. 2 No. 68 s. 23. Prohibited uses. (1) Section 23 of The Brisbane Cricket Ground Act of 1958 (as heretofore amended) is amended- (a) by renumbering that section as subsection (1); and (b) by adding the following subsection:- " If an application for the grant of a licence as a coursing ground for the conducting thereon of night coursing is made in respect of the land referred to in subsection (1) of this section or any part thereof and the Greyhound Racing Control Board of Queensland with the approval of the Minister of the Crown administering the Racing and Betting Act 1954-1971 recommends the granting of the licence, nothing in subsection (1) of this section prohibits the use of that land, or part thereof, in respect of which the application is made, for the conduct by a registered coursing club of night coursing meetings and the land or part thereof may be licensed for the conduct thereon of such meetings.". (2) The Brisbane Cricket Ground Act of 1958 as previously amended and as amended by this section may be cited as the Brisbane Cricket Ground Act 1958-1971. 42. Amendment of 12 Geo. 5 No. 13 s. 8. The Anzac Day Trust Fund . (1) Section 8 of The Anzac Day Act of 1921 (as heretofore amended) is amended by inserting in subsection (2), at the end thereof, the following paragraph:- " For the purposes of this subsection and section nine of this Act- a reference to a " racing club " includes a reference to a " coursing club ";

Racing and Betting Act Amendment Act 1971, No. 9 273 a reference to a " racecourse " includes a reference to a " coursing ground "; a reference to a " race meeting " includes a reference to a " coursing meeting ".". (2) The Anzac Day Act of 1921 as heretofore amended and as amended by this section may be cited as the AnzacDay Act1921