Racing and Betting Act Amendment Act 1985 (No. 2) (Qld)

821 Queenslanb F^U^E^T2 }t'fuN D^^,` ANNO TRICESIMO QUARTO ELIZABETHAE SECUNDAE REGINAE No. 47 of 1985 An Act to amend the Racing and BettingAct 1980- 1984 in certain particulars [ASSENTED TO 24TH APRIL, 19851

822 Racing and Betting Act Amendment Act (No. 2) 1985, No. 47 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 . This Act may be cited as the Racing and Betting Act Amendment Act 1985 (No. 2). 2. Commencement . (1) Section 1 and this section shall commence on the day on which this Act is assented to for and on behalf of Her Majesty. (2) The Governor may by Proclamation- (a) appoint a date on which this Act ( other than section I and this section) shall commence; or (b) appoint dates on which the provisions ( other than section 1 and this section ) of this Act specified in the proclamation shall commence. Such dates may be appointed in the one proclamation or in different proclamations. This Act (other than section 1 and this section) or a provision thereof specified in the proclamation shall commence on the date appointed by proclamations made under this subsection for the commencement of this Act or, as the case may be, that provision. 3. Principal Act and citation as amended . (1) In this Act the Racingand Betting Act 1980-1984 is referred to as the Principal Act. (2) The Principal Act as amended by this Act may be cited as the Racing and Betting Act 1980-1985. 4. Amendment of s. 3. Arrangement . Section 3 of the Principal Act is amended by inserting after the words "Division ILIA-Racing Appeals Tribunal,-- the following words:- "Division IIIB-Prohibition on the Admission of the Public to Enquiries; Division IIIC-Branding of Registered Horses; ". 5. Amendment of s. 5. Interpretation . Section 5 of the Principal Act is amended by- (a) inserting immediately before the definition " area of jurisdiction" the following definition:- "analyst" means an analyst within the meaning of the term under the Health Act 1937-1984;";

Racing and BettingAct Amendment .4ct (No. 2) 1985, No. 47 823 (b) inserting after the definition "athletic meeting" the following definition:- "authorised officer" means an authorised officer appointed by the permanent head pursuant to section 228A:": (c) inserting after the definition "bet" the following definition:- " "Board" means the Racing Codes Advisory Board constituted pursuant to section 10A;"; (d) omitting the definition "drug" and substituting the following definition:- "drug" means- (a) any substance which could affect the performance, behaviour or physical condition of a horse or, as the case may be, greyhourid and includes any substance in any of the following groups, or any substance which is chemically or pharmacologically related thereto:- psychomotor stimulants; sympathomimetic amines: miscellaneous central nervous system stimulants; narcotic and other analgesics; and anabolic steroids and other hormones; and (b) any substance designated from time to time by Order in Council as a drug for the purposes of this Act;". 6. New s. 14A. The Principal Act is amended by inserting after section 10 the following section:- "10A. Racing Codes Advisory Board . (1) There shall be constituted from time to time, for the purposes of this Act, a Board to be called the Racing Codes Advisory Board. (2) The Board shall consist of three members nominated by the Minister, and the Minister shall nominate one of those members to be the Chairman. (3) (a) Every member of the Board shall be appointed by the Governor in Council by notification published in the Gazette. (b) An officer of the Public Service of the State may be appointed as a member of the Board and may hold that appointment in conjunction with any other appointment he holds in the Public Service. (c) The Board shall be taken to be constituted upon the publication in the Gazette of notification of the appointment of its members. (4) (a) A person may be appointed as a member of the Board for any term not exceeding three years as the Governor in Council thinks fit.

824 Racing and Betting -ict Amendment Act (No. 2) 1985, No. 47 The term of appointment shall be specified in the notification of appointment. A member of the Board shall he eligible for re-appointment. (b) A member of the Board may at any time- (i) resign his appointment as such by writing under his hand given to the Minister, (ii) be removed from his appointment as such by writing under the hand of the Minister given to him at the direction of the Governor in Council. (5) When a vacancy occurs in the office of a member of the Board before the expiration of his term of appointment the Governor in Council may, by notification published in the Gazette, appoint another person (who has been duly nominated by the Minister) to be a member of the Board. (6) The Board- (a) shall exercise supervision over and report on a regular basis to the Minister in respect of the operations of section 228A: (b) shall consider and advise the Minister on such matters as the Minister may refer to it from time to time: (c) may initiate consideration of and inform the Minister on matters touching the administration of this Act. (7) Members of the Board shall be entitled to such remuneration as is approved from time to time by the Governor in Council save that a member of the Board who is an officer of the Public Service of the State shall not receive remuneration for attendance at a meeting of the Board during his ordinary hours of duty. (8) Members of the Board shall be entitled to be re-imbursed such out of pocket expenses necessarily incurred by them in the performance of their duties as such members as are prescribed. (9) (a) All business of the Board shall be conducted by a quorum at the least, which shall consist of two members. (b) The Board shall meet at such times and places as it determines and shall conduct its business in such manner as is prescribed or, in so far as it is not prescribed, as it determines from time to time. (c) The Chairman of the Board shall preside at all meetings of the Board at which he is present and, in his absence from any meeting. the members present shall elect from their number a member who shall preside at that meeting. (d) A proceeding of the Board shall not be invalidated by reason of a defect in the appointment of a member or by reason of a vacancy in the membership of the Board. (10) (a) The Governor in Council may, from time to time, by notification published in the Gazette, appoint a secretary to

Racing ana Betting Act Amendment Act (No. 2) 1985, No. 47 825 the Board and such other officers as he thinks necessary for the effectual discharge of the Board's functions. (b) An officer of the Public Service of the State may be appointed under paragraph (a) or may be assigned to perform duties on behalf of the Board and may hold such appointment or perform such duties in conjunction with any other appointment he holds in the Public Service. (c) The secretary and other officers appointed or assigned as such under this section shall be paid such remuneration as may be approved by the Governor in Council from time to time but, in the case of an officer of the Public Service who holds the appointment or assignment in conjunction with any other appointment he holds in the Public Service, only upon the recommendation of the Public Service Board.". 7. New Divisions IIIB and IIIC to Part M. The Principal Act is amended by inserting after section 115M the following headings and sections- "Division IIIB-Prohibition on the Admission of the Public to Enquiries 115N. Prohibition on the admission of the public to enquiries. Notwithstanding any provision of the Rules of Greyhound Racing. the Rules of Trotting or the Rules of Racing, a person other than a person directly involved in an enquiry conducted by a control body, or committee of a club. or a delegate or employee of a control body or committee of a club shall not be admitted to such enquiry unless he has obtained the consent of the person directly involved in the enquiry and the person in charge of the enquiry. Division IIIC-Branding of Registered Horses 1150 . Branding of Registered Horses . Notwithstanding any provisions of the Rules of Trotting or the Rules of Racing, any horse branded on or after the 1st August 1985 for the purposes of registration under the Rules of Trotting or the Rules of Racing. as the case may be. shall he branded by the method commonly referred to. in relation to the branding of animals, as "freeze branding".". 8. Amendment of s. 228 . Use of drugs and the like on horse or greyhound . Section 228 of the Principal Act is amended by- (a) numbering the first paragraph as subsection (1) and in that subsection as so numbered omitting the words "that may" and substituting the words "which could"; (b) adding after subsection (1) as so numbered the following subsections- "(2) Without limiting the provisions of subsection (1). a person other than a registered veterinary surgeon within the

820 Racing and Betting Act .Amendment Act (No. 2) 1985, No. 47 meaning of the 1'eterinar1' Surgeons Act 1936-1973 shall not administer a drug to a registered horse or registered greyhound at any place within a period of 7 days immediately prior to a race or trial in which that horse or greyhound participates. Penalty: $20 000 or imprisonment for 2 years or both that penalty and imprisonment. (3) The person for the time being holding the office of Director-General of Health and Medical Services under the Health Act 1937-1984 is hereby empowered to make available to the permanent head on such basis as may be agreed upon by the officers concerned details held in the Director-General's records in so far as those records apply to registered veterinary surgeons within the meaning of the Ieterinary Surgeons Act 1936-1973, of drugs brought into Queensland together with the details of the person to whom those drugs are distributed.". 9. New s. 228A. The Principal Act is amended by inserting after section 228 the following section- "228A. Inspection , removal , sampling , analysis . (1) The provisions of this section shall apply notwithstanding the Rules of Greyhound Racing. the Rules of Trotting or the Rules of Racing and where any provision of this section conflicts with or is inconsistent with any provision of such Rules the provision of this section shall apply and the provision of the relevant Rules shall be deemed to have been repealed to the extent of such conflict or inconsistency. (2) Any officer authorised by the permanent head may, at any time make or cause to be made any test which the authorised officer considers desirable. to determine whether a drug has been administered to any registered horse or registered greyhound. (3) For the purpose of making a test referred to in subsection (2) the authorised` officer may- (a) enter any racing venue, or place where a trial is permitted to be conducted. or any other place in order to obtain samples from a registered horse or registered greyhound; (b) take possession of a registered horse or registered greyhound and detain such horse or greyhound for such period and at such place as he considers necessary; and (c) take such samples, in the prescribed manner, from a registered horse or registered greyhound as he considers necessary. (4) An authorised officer who takes a sample pursuant to subsection (3) shall divide the sample into two parts and shall mark in the prescribed manner and seal or fasten up each such part in such manner as its nature permits in the presence of the person for the time being having responsibility for the registered horse or registered greyhound from which he took the sample

Racing andBetting Act Amendment Act (No. 2) 1985, No. 47 827 and shall as soon as reasonably possible thereafter deliver both such parts to an analyst. In delivering a sample to an analyst pursuant to this subsection the authorised officer shall request in writing, in the prescribed form, the analysis which the authorised person requires the analyst to perform in respect of such sample. (5) Where a sample taken pursuant to subsection (3) is taken in a form which does not permit of such sample being divided into parts, it shall be a sufficient compliance with subsection (4) if the authorised officer who takes such sample takes a number of such samples sufficient to deal with the samples in the manner provided in that subsection. (6) Delivery to an analyst pursuant to subsection (4) may be effected either personally or by sending the sample to the analyst in such manner as may be prescribed. (7) Where any method of analysis, chemical or physical, has been prescribed for the analysis of any samples taken pursuant to this section, any analyst, for the purpose of any prosecution for a breach of the provisions of the Rules of Greyhound. Racing, the Rules of Trotting, the Rules of Racing or any provision of this Act shall, in his certificate of analysis declare that he has followed the prescribed method in his analysis: Provided that evidence shall be admissible in any proceedings for an offence of the nature referred to of analysis made by other than the prescribed method and to show that the prescribed method is not correct. (8) The results of the analysis of any sample taken pursuant to this section shall, as soon as reasonably possible, after the completion of that analysis, be forwarded by the authorised officer to the control body having jurisdiction in the area in which the racing venue or other place at which the sample from the registered horse or registered greyhound was taken is located. In forwarding the results of such analysis, the authorised officer shall provide to the control body all relevant details concerning such analysis including the place from which the sample the subject of the analysis was taken and the date on which it was taken. (9) An authorised officer may engage any suitably qualified person to assist him in the discharge of his functions or in the exercise of his powers under this section and a person so assisting shall for the purposes for which he was engaged have all the functions and powers of an authorised officer under this section. (10) A person who without authority opens, alters, breaks, removes or erases any mark, fastening or seal placed by an authorised officer pursuant to subsection (4), on any sample is guilty of an offence against this Act.". 10. Amendment of s. 235 . Further powers of member of the police force. Section 235 of the Principal Act is amended by inserting after

828 Racing and Belling .-icl .lnu^^rd^jrenl Ict (Vo. 2) 1985, No. 47 the words "search of a person" in subparagraph (c) the following expression and subparagraph:- (d) search the records that are prescribed by Regulation K2 of Part K of The Poisons Regulations of 1973 to be kept by any veterinary surgeon. for the purposes of any investigation in relation to an alleged offence under this Act, and take details of an\ entry or entries therein". 11. Amendment of s. 256. EF,identiary provisions . Section 256 of the Principal Act is amended by omitting paragraph (ga) and substituting the following paragraph:- "(ga) a document purporting to be signed by a person authorised by or pursuant to this Act to perform tests on, or on samples taken from, horses or. as the case may be. greyhounds. stating that- (i) a particular substance could affect the performance. behaviour or physical condition of a horse or. as the case may be. greyhound: (ii) a particular susbstance may be used as an ingredient in formulating or preparing another substance for the purpose of rendering the lastmentioned substance in a form suitable to be administered to a horse or, as the case may be. greyhound: (iii) the origin of a particular substance cannot be traced to normal feeding of a horse or. as the case may be. greyhound: (iv) the presence or evidence of a particular substance or any metabolite or artifact of a substance was found or detected during tests of, or of a sample taken from. a horse or, as the case may he, greyhound, shall be evidence and. in the absence of evidence to the contrary. conclusive evidence of the matters contained in that document." 12. Amendment of s. 257. Regulations . Section 257 of the Principal Act is amended by inserting the following paragraphs after paragraph (y):- "(ya) prescribing the manner in which samples shall be taken from a registered horse or registered greyhound for the purpose of conducting tests thereon; (yb) prescribing the method of marking a sample taken from a registered horse or a registered greyhound; (yc) prescribing a form of request to an analyst for the analysis required of a sample forwarded to him; (yd) prescribing methods for the delivery of samples by an authorised officer to an analyst.".