Racing and Betting Act Amendment Act 1977 (Qld)

212 (1^^eez^^^^^t^ ANNO VICESIMO SEXTO ELIZA ET AE SECUN D AE REGINAE No. 21 of 19 77 Act t o aend the Racing and Betting Act 1954 -® 1975 certain particulars [ASSENTED TO 21ST APRIL, 1977] 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 1977. (2) In this Act the Racing and Betting Act 1954-1975 is referred to as the Principal Act. (3) The Principal Act as amended by this Act'may be cited as the Racing and Betting Act 1954-1977.

Racing and Betting Act Amendment Act 1977, No. 21 213 2. Amendment of s. 6 . Section 6 of the Principal Act is amended by inserting after the term " Night coursing meeting " and its meaning the following term and meaning:- " " Night race meeting for galloping horses "-A race meeting for the racing of galloping horses whereat any race for galloping horses is started after seven o'clock in the evening; ". 3. Amendment of s. 12. Section. 12 of the Principal Act is amended by--, (a) in` subsection (1), inserting after the words " if he is--" and immediately before paragraph (b) the following paragraph: (a) of or above the age of 70 years;"; „ (b) in subsection (2), inserting after paragraph (h) the following paragraph " • or attainsthe.age of 70 years,". Ar1peaJi h ii -t of . 24^ ` Section 24 of the Principal Act is amended by- (a.) in subsection (1), inserting after the words "if he is-" and imilYediately before paragraph (b) the following paragraph:- (a) of or above the age of 70 years;"; (b) in subsection (2), inserting after paragraph (h) the following paragraph:- " or (i) attains the age of 70 years,". 5. Amendment of s. 36. Section 36 of the Principal Act is amended by- (a) in subsection (1), inserting after the words " conduct a race meeting or horse race other than a " the words " night race meeting for galloping horses or a "; (b) in subsection (3), inserting in paragraph (c) after the words " a horse race for galloping horses," the words " (other than a night race meeting for galloping horses),"; (c) inserting after subsection (4) the following subsection:- (4A) It shall be unlawful for a person to conduct in any part of the State a night race meeting for galloping horses- (a) on any day or at any place other than a day (not being Christmas Day or Good Friday) and at a racecourse approved by the Governor in Council by Order in Council and specified in the Order in Council; (b) which is commenced before thirty minutes after six o'clock in the afternoon; (c) whereat any race is- started before thirty minutes after six o'clock in the afternoon or after eleven o'clock. in the evening; or

214 Racing and Betting Act . Amendment Act 1977, No. 21 (d) whereat there is held an event or contingency other than- (i) a race for galloping horses; and (ii) a novelty event authorized by the Commissioner of Stamp Duties and specified by him in a permit issued by him, which event is held in accordance with the conditions of the permit."; (d) inserting after subsection (4A) as inserted by this Act the following subsection:- " (4a) For the purposes of subsection (4A), a night race meeting for galloping horses 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 racecourse whereon the night race meeting for galloping horses in question is to be conducted or an event or contingency to be decided thereat; (b) the person by whom the night race meeting for galloping horses in question is to be conducted publishes or permits or allows to be published (otherwise than by means of race books) on the racecourse whereon the night race meeting for galloping horses is to be conducted any information concerning- (i) any race to be held at that night race meeting for galloping horses; (ii) any particulars concerning the horses that will or will not take part in any race at that night race meeting for galloping horses; (iii) the person or persons who will ride any horse or horses taking part in any race at that night race meeting for galloping horses; (iv) the position or positions at the barrier or starting machine which any one or more of the horses taking part in any race at that night race meeting for galloping horses will occupy; (v) any adjustment (and whether by way of penalty, allowance or otherwise) of the handicap of any horse taking part in any race to be held at that night race meeting for galloping horses; (vi) the betting on that racecourse on any horse or horses taking part in any race to be held at that night race meeting for galloping horses."; (e) inserting after subsection (5) the following subsection:- " (5A) (a) Notwithstanding subsection (5), a registered racing club may conduct a night trotting meeting on any Friday (not being Christmas Day or Good Friday) if permitted by the Governor in Council so to do and subject, to the provisions hereinafter in this subsection contained. (b) The permission of the Governor in Council may be in respect of a particular Friday or particular Fridays or in respect of every Friday.

Racing and Betting Act Amendment Act 1977, No. 21 215 (c) If the Governor in Council proposes to give permission as aforesaid, he shall, before doing so, cause the Minister to notify the principal club the Governor in Council determines should be notified, the Greyhound Board and the Board of the Governor in Council's proposal and to specify a time within which written objections or submissions concerning the proposal may be made to the Minister by the body concerned. (d) Any written objection or submission shall be made to the Minister in writing within the time specified and shall be considered by the Minister who shall then make recommendations to the Governor in Council with respect thereto. (e) The Governor in Council shall make a determination in relation to the proposal, which determination shall not be subject to any appeal. (f) If the determination is to permit the registered racing club in question to conduct a night trotting meeting or night trotting meetings on a Friday or Fridays as aforesaid, the Governor in Council shall, by Order in Council published in the Gazette, permit the registered racing club named therein to conduct at a place named therein a night trotting meeting on a particular Friday or night trotting meetings on particular Fridays or every .Friday (not being in any case Christmas Day or Good Friday). (g) Subject as aforesaid, a night trotting meeting conducted pursuant to this subsection shall not be conducted in contravention of the provisions of subsection (5).". (f) in subsection (9), inserting after the words " proposes to lawfully conduct " the words " a night race meeting for galloping horses,". 6. Amendment of s. 42A. Section 42A of the Principal Act is amended by, in subsection (3) (b) (i), omitting the words " (specifying the minimum numbers respectively of Saturdays, Wednesdays and public holidays) ". 7. Repeal of and new s. 43. Section 43 of the Principal Act is repealed and the following section is substituted:- " 43. Restriction on use of racecourses f or night race meetings for galloping horses. (1) It shall be unlawful for any person to conduct a night race meeting for galloping horses on a racecourse that is not licensed under this Act for the conducting thereon of night race meetings for galloping horses. (2) In respect of any racecourse, a license (not being a renewal of a license) shall not be granted pursuant to this section except upon the recommendation of a principal club, which recommendation is approved by the Minister. (3) Where a principal club receives an application for its recommendation that the applicant be granted a license pursuant to this section in respect of a racecourse for the conducting thereon of night race meetings for galloping horses, it is not bound to make a recommendation under this section in respect of the application.

216 Racing and Betting Act Amendment Act 1977, No. 21 (4) A principal club shall not recommend the grant to an applicant of a license pursuant to this section- (a) without the prior approval of the Minister; (b) subject to subsection (5), until it is satisfied and certifies to the Minister that, in respect of the racecourse concerned, the racing track and the lighting thereof and other amenities in connexion therewith have been provided and completed to the requirements and satisfaction of the principal club concerned as respects standards and otherwise. (5) (a) A principal club may, with the prior approval of the Minister, make a provisional recommendation under this section. (b) A provisional recommendation shall specify a period of time within which the applicant concerned shall satisfy the principal club concerned as prescribed by subsection (4) (b). (c) The principal club concerned may with the approval of the Minister extend such period. (d) If at the expiration of such period or any extension thereof the principal club is not satisfied as aforesaid, the provisional recommendation shall lapse and become and be of no force or effect whatsoever. (e) If before the expiration of such period or of any extension thereof the principal club is satisfied as aforesaid, it shall certify accordingly to the Minister, and shall recommend that the license in question be granted. (6) (a) The person, committee or other authority charged with licensing racecourses and coursing grounds shall issue a license under ' this Act for a racecourse in accordance with a recommendation of a principal club that such license be granted, which recommendation is approved by the Minister under this section. (b) Section 52 (2) applies subject to this subsection. (7) A principal club 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. (8) (a) The person, committee or other authority charged with licensing racecourses and coursing grounds shall give effect to the recommendation made under subsection (7) 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. (b) Section 52 (2) applies subject to this subsection.". 8. Amendment of s. 48. Section 48 of the Principal Act is amended by, in subsection (4), inserting after the words " by the Board," the words " or if, for any reason that the Board considers to be sufficient, a registered racing club does not desire to conduct any race meeting for trotting horses on any such day,".

Racing and Betting Act Amendment Act 1977, No. 21 217 9. Amendment of s. 65. Section 65 of the Principal Act is amended by- (a) in subsection (1)- (i) omitting the word " six " occurring in paragraph (a) and substituting the expression " 3 "; (ii) omitting the word " six " occurring in paragraph (b) and substituting the expression " 3 "; (iii) omitting the word " five " occurring in paragraph (c) and substituting the expression " 2.5 "; (b) in subsection (2)- (i) omitting the word " nine " occurring in paragraph (i) and substituting the expression " 12 "; (ii) omitting the word " nine " occurring in paragraph (ii) and substituting the expression " 12 "; (iii) omitting the word " ten " occurring in paragraph (iii) and substituting the expression " 12.5 "; (iv) omitting the word "ten" occurring in paragraph (iv) and substituting the expression " 12.5 "; (c) in subsection (3)- (i) omitting the word " six " occurring in paragraph (a) and substituting the expression " 3 "; (ii) omitting the word " five " occurring in paragraph (b) and substituting the expression " 2.5 "; (d) in subsection (4)- (i) omitting the word "nine" occurring in paragraph (i) and substituting the expression " 12 "; (ii) omitting the word " ten " occurring in paragraph (ii) and substituting the expression " 12.5 ". 10. Amendment of s. 71C. Section 71c of the Principal Act is amended by, in subsection (2)- (a) omitting the expression " 12.5 " occurring in paragraph (a) and substituting the expression " 25 "; (b) omitting the expression " 12.5 " occurring in paragraph (b) and substituting the expression " 25 ". 11. Amendment of s. 108. Section 108 of the Principal Act is amended by inserting after subsection (4) the following subsection:- " (5) Any person, having had in his custody or possession at any place not in Queensland any instrument of betting on horse racing or coursing in circumstances where- (a) had such instrument of betting been in his custody or possession in Queensland in respect of a transaction occurring in Queensland, he would have contravened subsection (4); and

218 Racing and Betting Act Amendment Act 1977, No. 21 (b) the having of such an instrument of betting in his custody or possession is an offence under the laws in force at the place where such instrument of betting was in his custody or possession, who brings such instrument of betting into Queensland or has it in his possession in Queensland is guilty of an offence against this Act and liable to a penalty under and in accordance with the provisions of section 109 for a contravention of a provision of this section. The second paragraph of subsection (4) relating to the term " instrument of betting " applies with respect to the use of that term in this subsection also.".