Racing and Betting Act Amendment Act 1972 (Qld)

199 wnumlaubr ANNO VICESIMO PRIMO ELIZABETHAE SECUNDAE REGINAE No. 24 of 1972 An Act to Amend the Racing and Betting Act 1954-1971 in certain particulars [ASSENTED TO 19TH DECEMBER, 1972] 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 1972. (2) The Racing and Betting Act 1954-1971 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 1954-1972.

200 Racing and Betting Act Amendment Act 1972, No. 24 2. Commencement . Except as provided in section 4, this Act shall come into operation on the day on which it is assented to by, or for and on behalf of, Her Majesty. 3. Amendment of s. 36 . Days whereon racing or coursing is unlawful. Section 36 of the Principal Act is amended by inserting in subparagraph (i) of paragraph (a) of subsection (5), after the word " Saturday ", the phrase " or a Monday,". 4. Repeal of and new s. 36A. Trials. (1) Section 36A of the Principal Act is repealed and the following section inserted in its stead:- 36A. Trials . (1) In this section " trial " means- (a) in relation to horses, a race with the object of testing or training, or testing and training horses; (b) in relation to dogs, a coursing event or contest with the object of testing or training, or testing and training dogs, for which there is no prize money and which is not conducted for the purpose of providing a contingency on which bets might be made. (2) Subject to this section- (a) in relation to galloping horses, a principal club in respect of the area in which it has jurisdiction as such; (b) in relation to trotting horses, the Board; and (c) in relation to dogs, the Greyhound Board, may make rules with respect to trials, and the conducting by clubs of meetings for trials. (3) Rules made under this section shall to the extent authorized, provided for, regulated or controlled thereby authorize, justify or excuse the conducting of any trial or meeting for trials if but only if- (a) no person acts as or carries on the business of a bookmaker on the racecourse or place used for conducting the trial or meeting for trials at any time during the part of the day on which it is so used commencing one hour before the commencement of the trial or, in the case of a meeting for trials, the first trial of the meeting and terminating one hour after the conclusion of the trial or, in the case of a meeting for trials, the last trial of the meeting; (b) the trial or meeting , including any and every trial conducted at the meeting , is authorized by rules made under this section and is conducted in compliance in every respect with the provisions of such rules and in the case of a meeting for trials conducted on a Sunday in compliance in every respect with the terms and conditions (if any) upon or subject to which permission for conducting the meeting was granted pursuant to subsection (6). (4) Save as provided by subsection (6), rules made under this section do not authorize, justify or excuse the conducting of meetings for trials on any Sunday or on Christmas Day or Good Friday.

Racing and Betting Act Amendment Act 1972, No. 24 201 (5) For the purposes of subsection (4) where a person by whom a trial or trials is or are conducted on a Sunday or on Christmas Day or Good Friday invites, allows, permits or suffers members of the public to be present at the place whereat the trial or trials is or are held that person is deemed to be conducting or to have conducted a meeting for trials. (6) A meeting for trials may be conducted on a Sunday in accordance with rules made under this section with the permission of the Governor in Council first had and obtained which permission may be granted on the application of a principal club, the Board or the Greyhound Board and which may be granted subject to terms and conditions. (7) Betting in respect of a trial shall be unlawful and accordingly, to the extent necessary to give effect to this subsection, every provision of this or any other Act or other law relating to betting shall be read subject to this subsection. (8) Save as expressly prescribed by this section, no provision of this section or of any rule made under this section shall authorize, justify or excuse any act or omission which is an offence against this Act." (2) This section shall come into operation on a date to be fixed by Proclamation. 5. Amendment of s. 42A. Restriction on use of racecourses for night trotting . Section 42A of the Principal Act is amended by adding at the end thereof the following subsections:- " (6) The Board may, with the prior approval of the Minister recommend that a license granted pursuant to this section in respect of a racecourse be transferred from the holder thereof to a person specified in the recommendation. (7) The Authority charged with licensing racecourses and coursing grounds shall give effect to the recommendation made under subsection (6) by endorsing on the license the transfer thereof to the recommended transferee and upon such endorsement being made the transferee shall, subject to this Act, become and be the holder of the license in question in the place of the former holder thereof. Subsection (2) of section 52 applies subject to this subsection." 6. Amendment of s. 48 . Allotment of racing days for trotting . Section 48 of the Principal Act is amended by inserting in subsection (4) after the words "conducted under this Act" the words "or being in the case of a night trotting meeting a Tuesday the date whereof is not the twenty-fifth day of December ". 7. Amendment of s. 49 . Restriction on use of coursing grounds for night coursing . Section 49 of the Principal Act is amended by adding at the end thereof the following subsections:- " (12) The Greyhound Board may, with the prior approval of the Minister, recommend that a license granted pursuant to this section in respect of a coursing ground be transferred from the holder thereof to a person specified in the recommendation.

202 Racing and Betting Act Amendment Act 1972, No. 24 (13) The Authority charged with licensing racecourses and coursing grounds shall give effect to the recommendation made under subsection (12) by endorsing on the license the transfer thereof to the recommended transferee and upon such endorsement being made the transferee shall, subject to this Act, become and be the holder of the license in question in the place of the former holder thereof . Subsection (2) of section 52 applies subject to this subsection."