Racing and Betting Act Amendment Act 1983 (Qld)

121 ANNO TRICESIMO SECUNDO ELIZABETHAE SECUNDAE REGINAE No. 11 of 1983 An Act to amend the Racing and BettingAct 1980-1982 in certain particulars [ASSENTED TO 13TH APRIL, 1983]

122 Racing and Betting Act Amendment Act 1983, No. 11 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 1983. (2) In this Act the Racing and Betting Act1980-1982 is referred to as the Principal Act. (3) The Principal Act as amended by this Act may be cited as the Racing and Betting Act1980-1983. 2. Amendment of s. 23. Restriction on time at which a horse race may be started . Section 23 of the Principal Act is amended by in subsection (1) omitting the words " later then that time " and substituting the words " later than that time ". 3. Repeal of and new s. 75. When trotting on showgrounds allowed. The Principal Act is amended by repealing section 75 and substituting the following section :- " 75. When trotting on showgrounds allowed. (1) Notwithstanding any other provision of this Act, a society or other association of persons having for its object the holding of an agricultural, horticultural, pastoral or industrial show (hereinafter in this section called a " show society ") may, with the prior approval of the Trotting Board so to do, conduct a trotting race or trotting races on a day and on the ground on which a show is held. (2) A trotting race or trotting races referred to in subsection (1)- (a) shall be conducted under and in accordance with the Rules of Trotting in so far as they are applicable to trotting races conducted at a show; and (b) shall be supervised and controlled by such stewards and other officials as the show society concerned appoints. (3) Before a show society appoints any stewards or other officials referred to in subsection (2) (b) it shall consult in relation thereto with the Trotting Board. (4) The approval of the Trotting Board given under subsection (1) may be given subject to such conditions as to it seem desirable for the proper and safe presentation of trotting at a show. (5) The provisions of this Act shall not be construed as- (a) constituting a show society to be a trotting club; (b) allowing the Trotting Board to manage the affairs of a show society or to control the presentation of a show by a show society. (6) Betting on a ground and day where and when a trotting race is or trotting races are conducted or proposed to be conducted pursuant to this section shall be unlawful and, to the extent

Racing and Betting Act Amendment Act 1983, No. 11 123 necessary to give effect to this subsection, this Act and any other Act or law relating to betting shall be read subject to this subsection.". 4. Repeal of s. 120. Maximum rate of interest on loans. The Principal Act is amended by repealing section 120. 5. Repeal of and new s. 126A. Corporation may acquire property. The Principal Act is amended by repealing section 126A and substituting the following section:- " 126A. Corporation may acquire property . (1) In addition to the power to make advances from moneys from time to time in the Fund the Corporation may apply those moneys- (a) where it intends to establish or develop land as a racing venue-in the acquisition of that land, whether held on freehold or leasehold tenure, together with any improvements thereon; (b) where it intends to develop land situated at Deagon, Brisbane in the State of Queensland by making available on that land facilities for the stabling of horses-with the prior approval of the Governor in Council in the acquisition of that land together with any improvements thereon, and may apply those moneys to establish or develop the land and improvements accordingly. (2) Nothing contained in paragraph (a) of subsection (1) shall prohibit land being used and money being applied for a purpose not referred to in that paragraph provided that the land is used principally as a racing venue. (3) In this section- develop " includes erect, construct, reconstruct, improve, repair, replace or substitute.". 6. Amendment of s. 127. Days when meetings prohibited . Section 127 of the Principal Act is amended by omitting the words " this Act " and substituting the expression " section 20, 60 or 101 ". 7. Amendment of s. 131. Audit of books and accounts of club and control body . Section 131 of the Principal Act is amended by in subsection (4)- (a) in the first paragraph omitting all the words from and including the words " may direct in writing " and substituting the words " may request the Auditor-General to examine the books and accounts of a club or control body "; (b) in the second paragraph- (i) omitting the words " of a direction " and substituting the words of a request "; (ii) omitting the word " shall " and substituting the word " may "; (iii) omitting the words " the direction was given " and substituting the words " the request was made ".

124 Racing and Betting Act Amendment Act 1983, No. 11 8. Amendment of s. 189 . Functions , powers and duties of Totalisator Board . Section 189 of the Principal Act is amended by inserting after subsection (6) the following subsection:- " (6A) Notwithstanding anything else herein or elsewhere contained the Totalisator Board may lend to the Racing Development Corporation and the Racing Development Corporation may borrow from the Totalisator Board such sum or sums of money upon such terms (whether with or without interest) as to a majority of the members of the Totalisator Board seems meet, the Chairman of the Totalisator Board to have a casting vote (as well as a deliberative vote) in the case of an equality of votes.". 9. Amendment of s. 250 . Disposal of penalties and the like. Section 250 of the Principal Act is amended by in subsection (2) inserting after the word " complainant " the expression " or upon a conviction for an offence against section 214, 216 or 217 ". 10. New s. 254A. Superannuation schemes. The Principal Act is amended by inserting after section 254 the following section :- " 254A. Superannuation schemes. The Trotting Board, Greyhound Board or Totalisator Board may with the approval of the Governor in Council- (a) institute and maintain any scheme or schemes; (b) amend any scheme or schemes (whether instituted before or after the commencement of the Racing and Betting Act Amendment Act 1983), for the provision of superannuation benefits to its officers, employees or their dependants and to that end may provide in such manner as it thinks fit for the establishment and maintenance of such funds as it considers necessary or desirable and may contribute to such funds : Provided that it shall not be necessary for a Board to obtain the approval of the Governor in Council to maintain any scheme or schemes instituted by it before the commencement of the Racing and Betting Act Amendment Act 1983. ".