Racing and Betting Acts Amendment Act of 1967 (Qld)

208 ANNO SEXTO DECIMO ELIZABETHAE SECUNDAE REGINAE No, 34 of 1967 An Act to Amend " The Racing and Betting Acts, 1954 to 1966," in certain particulars [ ASSENTED TO 23RD NOVEMBER, 1967] 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. (1) Short title . This Act may be cited as "The Racing and Betting Acts Amendment Act of 1967." (2) Principal Act. " The Racing and Betting Acts, 1954 to 1966," are in this Act referred to as the Principal Act. (3) Collective title . The Principal Act and this Act may be collectively cited as " The Racing and Betting Acts, 1954 to 1967." 2. (1) Commencement of Act. Except as herein otherwise provided this Act shall come into operation on a date to be fixed by the Governor in Council by Proclamation published in the Gazette. (2) The Queensland Trotting Board . The Queensland Trotting Board may be constituted by the first appointment of the members thereof at any time after the passing of this Act. (3) Ss. 18 ( 1), 19 and 66 (4) (a ) of Principal Act. Subsection (1) of section eighteen, section nineteen and paragraph (a) of subsection (4) of section sixty-six of the Principal Act as inserted by this Act shall come into operation on the passing of this Act.

Racing and Betting Acts Amendment Act oJ' 1967, No. 34 209 (4) S. 42A of the Principal Act. (a) Subject to this subsection, section 42A of the Principal Act as inserted by this Act shall come into operation on the passing of this Act. (h) If a license to which the said section 42A applies is issued prior to the coming into operation of this Act, it shall be endorsed with a statement that it will-not be of force until this Act comes into operation, it being hereby declared that such license shall have no force whatsoever until this Act comes into operation. 3. Dissolution of the Queensland Trotting Control League. (1) On and from, and by virtue of, the coming into operation of this Act- (a) the Association known as the Queensland Trotting Control League (which Association is referred to in this section as "the said League') is dissolved; (b) the Committee of Management of the said League is dissolved, and the offices of all persons by whom that Committee is then constituted are vacated; (c) all assets of the said League are divested therefrom and vested in the Board. (2) To the extent of the value of the assets of the said League vested in the Board, the Board shall discharge all liabilities of the said League subsisting at the coming into operation of this Act. In respect of any excess of such liabilities over the value of such assets the said League and all persons concerned shall continue to be liable as if this Act had not come into operation. (3) All minute books, books of accounts, registers, records ano other documents of the said League shall be handed over forthwith upon the coming into operation of this Act by the persons then having, the custody or control thereof to the Board or a person designated by the Board. A person who contravenes in any respect the requirements of this subsection 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. (4) All licenses, permits, registrations and acts of authority of the said League subsisting at the coming into operation of this Act shall be deemed to be licenses, permits. registrations or acts of authority granted or done by the Board and, subject in all respects to the Principal Act as amended by this Act and the Rules of Trotting Racing, shall continue to be of force and effect accordingly until they expire by efuxion of time or are sooner cancelled or suspended by the Board. (5) All applications to the said League for licenses, permits, registrations or in respect of other acts of authority of the said League, including all matters or proceedings with respect to any thereof, commenced or pending or in progress at the coming into operation of this Act shall be deemed to have been made to the Board and may be dealt with by it accordingly. (6) All disqualifications, suspensions and other penalties imposed by the said League and subsisting at the coming into operation of this Act shall be deemed to have been imposed by the Board and, unless and until the Board otherwise directs, shall continue to be of force and effect according to the tenor thereof.

210 Racing and Betting Acts Amendment Act of 1967, No. 34 (7) (a) Subject to paragraph (b) of this subsection the Board shall refund to the members of the said League- (i) in the case of any person elected a member of the said League on or after the first day of July, 1966, the amount of the entrance fee paid by him; (ii) in the case of every member so much of the annual subscription paid by him for the year commenced on the first day of July, 1967, as is proportionate to the period of that year still to run on and after the coming into operation of this Act. (b) The aggregate of the refunds prescribed by paragraph (a) of this subsection shall not exceed the value of the assets of the said League vested in the Board reduced by- (i) the total amount of the liabilities of the said League subsisting at the coming into operation of this Act; and (ii) so much of the total amount paid to the said League in respect of the grant or renewal of licenses, permits or registrations for a year or other period which commenced on or after the first day of July, 1967; as is proportionate to the part of the year or other period in question still to run on and after the coming into operation of this Act. In the event of such an excess, the amount of every refund shall be reduced proportionately. (8) All moneys due and unpaid at the coming into operation of this Act to the said League by any person on any account whatsoever shall become and be payable to the Board and any amount thereof not paid in full upon demand made by the Board may be recovered by the Board from the person concerned by action as for a debt in any court of competent jurisdiction. (9) (a) This subsection shall come into operation on the passing of this Act. (b) Except with the approval of the Minister the said League shall not at any time after the passing of this Act make any rule modifying the rules governing the racing of trotting horses in Queensland or consent to any rule modifying the Australian Rules of Trotting. In this paragraph the term " modifying " means repealing, amending, altering, substituting for, adding to, revising, adopting or modifying otherwise. (10) (a) This subsection shall come into operation on the passing of this Act. (b) The said League shall not at any time after the passing of this Act incur any extraordinary expenditure without the prior consent in writing of the Minister. For the purposes of this subsection extraordinary expenditure means any expenditure other than- (i) salaries or wages or other remuneration payable to officers and employees of the Board at the rates thereof payable at the passing of this Act or pursuant to any award of any industrial court, commission or tribunal; (ii) allowances or expenses, if any, payable to members of the Committee of Management of the said League at the rates thereof payable at the passing of this Act;

Racing and Betting Acts Amendment Act of 1967, No. 34 211 (iii) expenditure in respect of any item the amount whereof does not exceed one hundred dollars; or (iv) expenditure approved by the Minister as other than extraordinary expenditure. (c) Every member of the Committee of Management of the said League shall be liable jointly and severally to refund to the Board the amount of any expenditure which, being extraordinary expenditure for the purposes of this subsection, has been incurred by the Board contrary to this subsection. The Board may recover from any such member by action as for a debt in any court of competent jurisdiction, any such amount or part thereof which upon demand made by it is not paid by him as demanded. 4. Amendments of s. 3. Section three of the Principal Act is amended by- (a) in the words, letters, numerals and brackets " PART II- ADMINISTRATION (ss. 7-15) " omitting the numeral " 15 " and inserting in its stead the numeral " 10 "; and (b) after those words, letters, numerals and brackets as so amended inserting the words, letters, numerals and brackets " PART III-THE QUEENSLAND TROTTING BOARD (SS. 11-22) ". 5. Amendments of s. 6 (1). Subsection (1) of section six of the Principal Act is amended by- (a) in the definition "Area of jurisdiction " emitting the words or a principal trotting club "; (b) inserting after the definition "Authority " the following definition:- " " Board "-The Queensland Trotting Board as constituted under Part III; "; (c) inserting after the definition " Night time " the following definition:- " Night trotting meeting "-A race meeting for the racing of trotting horses whereat any race for trotting horses is started after seven o'clock in the evening;"; (d) adding to the definition " Principal club " the following paragraph:- " Save where prescribed, the term does not include the Board."; (e) omitting the definition " Principal trotting club "; (f) adding to the definition " Registered " the words " or by the Board "; (g) omitting the definition " Rules of Trotting Racing " and inserting in its stead the following definition:- Rules of Trotting Racing "-The rules governing the racing of trotting horses in Queensland, being an amalgamation of the Australian Rules of Trotting as adopted by the controlling body in Queensland within the meaning of those rules, and the local rules of trotting racing of that body, as in force at the date of the coming into operation of " The Racing and Betting Acts Amendment Act of 1967," and the rules, if any, made or consented to by the Board and approved by the Minister pursuant to section twenty-one of this Act; ".

212 Racing and Betting Acts Amendment Act of 1967, No. 34 6. Ss. 13, 14 and 15 renumbered . Sections thirteen, fourteen and fifteen of the Principal Act are renumbered sections eight, nine and ten respectively. 7. New Heading and ss. 11 to 15 inserted . The Principal Act is amended by inserting after section ten, as so renumbered by this Act, the following headnote and sections:- " PART III-THE QUEENSLAND TROTTING BOARD (SS. 11-22) [11.] The Queensland Trotting Board . (1) There shall be constituted in accordance with this Part a Board to be called " The Queensland Trotting Board." (2) The Board shall be deemed to be constituted on and from the date of the first appointment of the members thereof. (3) The Board shall not represent the Crown for any purpose whatsoever. (4) (a) The Board shall consist of seven persons appointed by the Governor in Council upon the nomination of the Minister to be respectively the chairman and other members of the Board. (b) Notice of the appointment of any person to be a member of the Board (including to fill any casual vacancy on the Board) shall be published in the Gazette. (c) The person appointed to be the chairman shall be nominated by the Minister for appointment as such. (d) Subject to this Act in respect of any appointment, other than the first, of the whole number of the members of the Board, the Minister shall nominate- (i) 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 racing clubs which for the time being comprise the group referred to in section sixteen of this Act as Group 1; (ii) 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 racing clubs which for the time being comprise the group referred to in section sixteen of this Act as Group 2; and (iii) 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 racing clubs which for the time being comprise the group referred to in section sixteen of this Act as Group 3. (e) In respect of any appointment, other than the first, of the whole number of the members of the Board, the Minister shall cause the racing clubs which for the time being comprise the said groups to be notified as he deems fit of a date on or before which he requires that the clubs then comprising each such group respectively submit to him a panel of at least three names of persons who are eligible for appointment to the Board. (f) If, in respect of any appointment of the whole number of the members of the Board, the racing clubs which for the time being comprise any of the said groups fail to submit to the Minister on or before the date 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 thereof.

Racing and Betting Acts Amendment Act of 1967, No. 34 213 (g) Subject to this Act the members of the Board, including the 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. [12.] Disqualification from membership of Board . (I) A person shall not be eligible for nomination or appointment to the Board, and shall not be nominated or appointed to the 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 Board- (a) is absent without permission of the Board from four consecutive ordinary meetings of the Board; or (b) becomes bankrupt or compounds with his creditors; or (c) is convicted of any indictable offence; or (d) dies or becomes mentally sick; or (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; or (f) resigns his office by writing under his hand delivered to the Minister and the resignation is accepted by the Minister; or (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 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, the Board.

214 Racing and Betting Acts Amendment Act of 1967, No. 34 [13.] 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 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 a member to act and the powers and duties ofd. a 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 so authorized shall be a nominee of the Minister to whom subparagraphs (i), (ii) or (iii) of paragraph (d) of subsection (4) of section eleven of this Act do not apply; (b) the fees or allowances, or both, to be paid to members of the Board from its funds, which payments or either thereof may differ as between the chairman and the other members; (c) the filling of casual vacancies in the membership of the Board and the tenure of office of members appointed to fill casual vacancies. (2) Subject as prescribed by the regulations the 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. [14.] Defects in appointments , &c. (1) No act or proceeding of the Board shall be invalid or illegal in consequence only of the number of the members of the Board not being complete at the time of such act or proceeding. (2) All acts and proceedings of the 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 Board had been properly and fully constituted. [15.] Board to be a body corporate . (1) The Board shall be a body corporate under the name and style of " The Queensland Trotting Board " and by that name shall have perpetual succession and a common seal and shall be capable in law of suing and 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 Board affixed to any document, notice or other writing and, until the contrary is proved, shall presume that it was duly affixed."

Racing and Betting Acts Amendment Act of 1967, No. 34 215 8. New s. 16 inserted . The Principal Act is amended by inserting after section fifteen, as previously inserted by this Act, the following section: " [16.] Groups of racing clubs. (1) The racing clubs listed hereunder under the headings Group 1, Group 2 and Group 3 shall, subject to subsection (2) of this section, be the racing clubs comprised in those groups respectively, that is to say:- GROUP I Metropolitan Trotting Club Rocklea Redcliffe Trotting Club GROUP 2 Ipswich Trotting Club West Moreton Trotting Club Gold Coast Trotting Club Downs Trotting Club Dalby and Warwick Trotting Club Maryborough Show Society Trotting Club GROUP 3 Cairns Agricultural, Pastoral and Mining Association Trotting Club Charters Towers Trotting Club Innisfail and District Show Society Trotting Club Mackay Trotting Club Townsville Pastoral, Agricultural and Industrial Trotting Association. (2) The Governor in Council may by Order in Council amend from time to time any group of racing clubs listed in subsection (I) of this section by deleting from or adding to the list the name of any racing club, and the list as so amended shall become and be the list of racing clubs comprised for the time being in the Group concerned." 9. New ss. 17, 18 and 19 inserted . The Principal Act is amended by inserting after section sixteen, as previously inserted by this Act, the following sections:- " [17.] Powers and functions of the Board . (1) The Board shall have the control and general supervision throughout the State of race meetings and races for trotting horses and the Rules of Trotting shall, to the extent necessary to give operation and effect to this subsection, be read subject hereto including by reading as referring to the Board any reference to. or to the Committee of, the Controlling Body in Queensland or the Queensland Trotting Control League. (2) Any and every racing club which conducts race meetings for the racing of trotting horses shall do and take all such things and 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 Board as the authority having the control and general supervision throughout Queensland of race meetings and races for trotting horses or prevent, hinder or prejudice howsoever the exercise by the Board of any power, authority, function or duty, conferred or imposed upon it by this Act or the Rules of Trotting Racing.

216 Racing and Betting Acts Amendment Act of 1967, No. 34 (3) The 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 race meetings and races for trotting horses, 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. [18.] Finance . (1) The Treasurer may lend to the Board, and the Board may borrow from the Treasurer, such amount not exceeding twenty thousand dollars as is precribed by the Governor in Council by Order in Council and 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) The Board may require the registered racing clubs which conduct race meetings for trotting horses 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 (h) 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 Trotting Racing Clubs Distribution Account. (3) A registered racing club shall pay to the Board the amount of any payment required by the Board under subsection (2) of this section within the time specified by the Board, and 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. 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. [19.] Officers . (1) The 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 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) Without limit to the power of the Board to appoint a person to act temporarily in any office or employment, appointments of persons may be made to act temporarily as the secretary or any other officer or employee of the Board during the period or any part of the period from the date of the passing to the date of the coming into operation of " The Racing and Betting Acts Amendment Act of 1967." (4) Where at any time within three months after the date of the coming into operation of " The Racing and Betting Acts Amendment Act of 1967," any person who is at that date an officer or employee of the Queensland Trotting Control League is appointed an officer or employee of the Board the period of the service had by such person as an officer

Racing and Betting Acts Amendment Act of 1967, No. 34 217 or employee of the said League shall be deemed to be service with the Board as respects the calculation of that service in respect of his entitlements to annual leave, sick leave and long service leave respectively: Provided that any period of service with the said League in respect whereof a person has received annual leave, sick leave or long service leave shall not be taken into account as service with the Board in calculating his entitlement to the leave in question." 10. New ss. 20 , 21 and 22 inserted . The Principal Act is amended by ins;rting, after section nineteen, as previously inserted by this Act, the followinCg, sections:- [ 20.] Board to review certain trotting race meetings periodically. (1) The Board shall review periodically, and so that not more than twelve months shall intervene between any one and the next following review, the conducting by racing clubs of race meetings for the racing of trotting horses other than night trotting meetings on a racecourse licensed under this Act for the conducting of night trotting meetings or on any other racecourse within twenty miles thereof during the period the subject of the review. (2) If upon any such periodical review the Board is satisfied that having regard to the number of races and the number of starters in each race at race meetings for the racing of trotting horses, other than night trotting meetings, conducted on any such racecourse during the period reviewed, the locality in question, and such other factors as the Board deems relevant, those race meetings were not conducted bona fide in that the principal object of conducting them was not the racing of trotting horses, the Board shall cancel the then subsisting allotment of days for the holding of race meetings for trotting horses, other than night trotting meetings, made by it pursuant to section forty-eight of this Act in respect of the racing club and racecourse concerned. [21.] Amendment , & c., of the Rules of Trotting Racing. (1) In this section the term " modifying " means repealing, amending, altering, substituting for, adding to, revising, adopting or modifying otherwise. (2) Subject to this section the Board may make rules modifying the Rules of Trotting Racing and may consent to rules modifying the Australian Rules of Trotting. (3) No rule made or consented to by the 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. [22.] Bookmaking at night trotting meetings . A person shall not be authorized by a license as a bookmaker under the Rules of Trotting Racing to act as or carry or. the business of a bookmaker at a night trotting meeting on a racecourse unless- (a) the license, exclusive of any renewal thereof, was granted earlier than one month prior to the passing of " The Racing and Betting Acts Amendment Act of 1967 "; or

218 Racing and Betting Acts Amendment Act of 1967, No. 34 (b) where the license, exclusive of any renewal thereof, was granted on a date later than one month prior to the passing of " The Racing and Betting Acts Amendment Act of 1967 ," the Board has endorsed thereon permission for the licensee to act as or carry on the business of a bookmaker at night trotting meetings. (2) The permission referred to in paragraph ( b) of subsection (1) of this section may be limited- (a) to any specified racecourse or racecourses; or (b) to any specified period; or (c) to both a specified racecourse or racecourses and a specified period. (3) In considering whether or not it will grant the permission referred to in paragraph ( b) of subsection ( 1) of this section in any particular case, the Board shall have regard to the number of licensees who are already authorized to act as or carry on the business of a bookmaker at night trotting meetings on any racecourse concerned and the Board shall not grant the permission unless it is satisfied that additional bookmakers are necessary in order to meet the betting requirements of the public at night trotting meetings on that racecourse." 11. Repeal of s. 31A. The Principal Act is amended by repealing section 31 A. 12. Amendment of s. 33 . Section thirty-three of the Principal Act is amended by- (a) in subsections (1) to (5), both inclusive omitting the words principal trotting club " wheresoever appearing, and inserting in their stead wheresoever they are so omitted, the words " the Board "; and (b) in subsection (6) omitting the words " principal trotting club and inserting in their stead the words " the Board or any ". 13. Amendment of s. 34. Section thirty-four of the Principal Act is amended by adding the following subsection:- (3) In and for the purposes of this section the term " club includes the Board. 14. Amendments of s. 36. Section thirty-six of the Principal Act is amended by- (a) in subsection (1) adding to the general words appearing before paragraph (a) the words " other than a night trotting meeting "; (b) in subparagraph (v) of paragraph (b) of subsection (1) omitting the words and symbols " or, as the case requires, principal trotting club having jurisdiction in such Local Authority Area " and inserting in their stead the words " having jurisdiction in such Local Authority Area or, as the case requires, the Board "; (c) in paragraph (a) of subsection (3) adding to the general words appearing before subparagraph (i) the words " other than a night trotting meeting "; and

Racing and Betting Acts Amendment Act of 1967, No. 34 219 (d) adding the following subsections:- " (5) It shall be unlawful for a person to conduct in any part of the State a night trotting meeting- (a) on any day other than- (i) a Saturday or a Wednesday the date whereof is not the twenty-fifth day of December (Christmas Day); (ii) a day (not being a Sunday or Christmas Day or Good Friday) which, or the afternoon of which, being appointed by or pursuant to " The Holidays Acts, 1912 to 1961," to be kept or observed as a holiday or part public holiday in the part in question of the State is kept or observed therein as that public holiday or part public holiday; (iii) where another day or the afternoon of another day is appointed pursuant to " The Holidays Acts, 1912 to 1961," to be kept as a public holiday or part public holiday instead of the day appointed by or pursuant to that Act to be kept or observed as that public holiday or part public holiday, and is so kept or observed, in the part in question of the State-that day, including such another day so appointed instead of Christmas Day; (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 (d) whereat any event or contingency other than a horse race for trotting horses is held. (6) For the purposes of subsection (5) of this section a night trotting 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- (i) betting occurs on the racecourse whereon the night trotting meeting in question is to be conducted on an event or contingency to be decided thereat; (ii) the person by whom the night trotting meeting 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 trotting meeting is to be conducted any information concerning- (a) any horse race to be held at that night trotting meeting; (b) any particulars concerning the horses that will or will not take part in any race at that night trotting meeting; (c) the person or persons who will drive or ride any horse or horses taking part in uny race at that night trotting meeting; (d) 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 trotting meeting will occupy; (e) 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 trotting meeting; (f) the betting on that racecourse on any horse or horses taking part in any race to be held at that night trotting meeting."

220 Racing and Betting Acts Amendment Act of 1967, No. 34 15. Amendment of s. 38 . Section thirty-eight of the Principal Act is amended by adding thereto the words " or a race meeting for or partly for trotting horses ". 16. Repeal of s. 41. Section forty-one of the Principal Act is repealed. 17. Amendment of s. 42 . Section forty-two of the Principal Act is amended by omitting subsection (3) and inserting in its stead the following subsection:- " (3) Restriction on use of racecourses for trotting other than night trotting . It shall be unlawful for a person to conduct a race meeting for or partly for trotting horses (other than a night trotting meeting) on a racecourse which is not licensed under this Act for the conducting thereon of such a meeting. For the purpose of this subsection a racecourse licensed under section 42A of this Act for the conducting thereon of night trotting meetings shall, by virtue of such license, be deemed also to be licensed under this Act for the conducting thereon of race meetings for trotting horses (other than night trotting meetings)." 18. New s. 42A inserted. The Principal Act is amended by inserting after section forty-two the following section:- [42A.] Restriction on use of racecourses for night trotting. (1) It shall be unlawful for any person to conduct a night trotting meeting on a racecourse which is not licensed under this Act for the conducting thereon of night trotting meetings. (2) In respect of any racecourse, a license shall not be granted pursuant to this section except upon the recommendation of the Board approved by the Minister. This subsection does not apply to any renewal of such a license. (3) (a) The Board- (i) in respect of the Metropolitan Area, shall; and (ii) in respect of any other area may, with the prior approval of the Minister,- by public invitation invite applications for the recommendation of the Board that the applicant be granted a license pursuant to this section in respect of a racecourse in the area in question. (b) The Board in such invitation- (i) shall state the minimum number (specifying the minimum numbers respectively of Saturdays, Wednesdays and public holidays) of the days which, subject to sections forty-seven and forty-eight of this Act, during the period specified in the invitation the Board will allot to the applicant recommended by it in relation to the racecourse licensed under this Act pursuant to the recommendation; (ii) (additionally to the information prescribed to be contained in an application for a license for a racecourse for conducting race meetings for trotting horses) with respect to the racing track, the lighting thereof and other specified amenities in connection with the racecourse 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;

Racing and Betting Acts Amendment Act of 1967, No. 34 221 (iii) 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; (iv) shall state a date on or before which applications shall be made to the Board. (4) (a) The Board shall not be bound to make a recommendation under this section in respect of an application. (b) The Board shall not recommend the grant to an applicant of a license pursuant to this section- (i) without the prior approval of the Minister; or (ii) subject to paragraph (c) of this subsection, 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 connection therewith have been provided and completed to the requirements and satisfaction of the Board as respects standards and otherwise. (c) The Board may, with the prior approval of the Minister, make a provisional recommendation under this section. A provisional recommendation shall specify a period of time within which the applicant concerned shall satisfy the Board as prescribed by subparagraph (ii) of paragraph (b) of this subsection. The Board may with the approval of the Minister extend such period. If at the expiration of such period or any extension thereof the Board is not satisfied as aforesaid, the provisional recommendation shall lapse and become and be of no force or effect whatsoever. 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. (5) The Authority charged with licensing racecourses and coursing grounds shall issue a license under this Act for a racecourse in accordance with a recommendation of the Board approved by the Minister under this section that such license be granted. Subsection (2) of section fifty-two of this Act applies subject to this subsection." 19. Repeal of and new s. 43. The Principal Act is amended by repealing section forty-three and inserting in its stead the following section:- [43.] Night racing other than trotting and night coursing unlawful. It shall be unlawful for a person to conduct- (a) a race meeting or a horse race other than a night trotting meeting; or (b) a coursing meeting or coursing, during night time."

222 Racing and Betting Acts Amendment Act of 1967, No. 34 20. Amendment of s. 44 (1). Section forty-four of the Principal Act is amended by omitting subsection (1) and inserting in its stead the following subsection:- " (1) A person shall not be present at or in a place whereon a race meeting, horse race, coursing meeting or coursing is being, or is about to be, conducted unlawfully." 21. Repeal of and new s. 47. The Principal Act is amended by repealing section forty-seven and inserting in its stead the following section:- [47.] Limitation of racing days for trotting . (1) From time to time the Governor in Council by Order in Council may fix the maximum numbers of days on which race meetings for trotting horses (other than night trotting meetings ) and night trotting meetings respectively may be held in the following areas respectively, namely:- (a) the Metropolitan Area; (b) any Local Authority Area specified in paragraph (b) of subsection (1) of section thirty-six of this Act; (c) the Local Authority Area of the City of Ipswich; or (d) 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 forty-eight 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) race meetings for trotting horses other than night trotting meetings; or (b) night trotting 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." 22. Repeal of and new s. 48. The Principal Act is amended by repealing section forty-eight and inserting in its stead the following section:- (48.] Allotment of racing days for trotting . (1) The Board may allot to a registered racing club specified days identified by dates or otherwise on which such club may conduct- (a) race meetings for trotting horses (other than night trotting meetings); or (b) night trotting meetings, in any area during any period. Such an allotment shall be made in relation to a specified racecourse.

Racing and Betting Acts Amendment Act of 1967, No. 34 223 (2) In respect of any area and period, the Board shall not allot- (a) a day prescribed as a day on which it is unlawful to hold the race 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 forty-seven 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 forty-seven of this Act, any day not so specified. (3) It shall be unlawful for a racing club to conduct on a racecourse in any area during any period a race meeting for trotting horses (other than a night trotting meeting) or a night trotting meeting on a day not allotted by the Board to that club for the conducting by it on the racecourse and day in question of that race meeting for trotting horses (other than a night trotting meeting) or, as the case may be, that night trotting meeting. (4) If, owing to weather conditions, a registered racing club finds it impossible or impracticable to conduct any race meeting for trotting horses (other than a night trotting meeting) or, as the case may be, any night trotting meeting on any day allotted to that club by the Board, then that club may postpone the same until a day (being in respect of the area in question a day on which a race meeting for trotting horses other than a night trotting meeting or, as the case requires, a night trotting meeting may lawfully be conducted under this Act) as the Board may approve. Section forty-seven of this Act and subsection (3) of this section apply subject to this subsection." 23. Repeal of s. 49. The Principal Act is amended by repealing section forty-nine. 24. Amendment of s. 59. Section fifty-nine of the Principal Act is amended by- (a) renumbering that section as subsection (1); and (b) adding to that section as so renumbered the following subsections:- " (2) A racing club shall not be authorized by a totalisator license to operate totalisators on any racecourse specified in that license- (a) after seven o'clock in the evening of any day unless it is lawful for such racing club to conduct a night trotting meeting, and such night trotting meeting is actually conducted, on that racecourse on that day; or

224 Racing and Betting Acts Amendment Act of 1967, No. 34 (b) before six o'clock in the afternoon of any day unless it is lawful for such racing club to conduct a race meeting other than a night trotting meeting, and such race meeting is actually conducted, on that racecourse on that day." 25. Amendment of s. 60. Section sixty of the Principal Act is amended by adding the following subsections:- " (6) A person shall not on any day on which it is lawful to conduct a night trotting meeting on any racecourse operate or assist in operating on that racecourse a totalisator before six o'clock in the afternoon unless it is lawful to conduct a race meeting other than a night trotting meeting, and such race meeting is actually conducted, on that racecourse on that day. (7) A person shall not on any day on which it is lawful to conduct a race meeting other than a night trotting meeting on any racecourse operate or assist in operating on that racecourse a totalisator after seven o'clock in the evening unless it is lawful to conduct a night trotting meeting, and such night trotting meeting is actually conducted, on that racecourse on that day." 26. Amendme nt of s. 66 (4). Subsection (4) of section sixty-six of the Principal Act is amended by omitting paragraph (a) and inserting in its stead the following paragraph:- " (a) Where at any race meeting on a racecourse the aggregate of the moneys, which, pursuant to paragraph (ii) of subsection (1) of this section, is prescribed to be paid out by way of dividend to investors in any place totalisator is required to be divided into two or three equal portions for the purpose of the payment to such investors of dividends in relation to two or, as the case may be, three horses, then every investor in such place totalisator or in any other totalisator being operated at the race meeting in question (whether by or on behalf of the same or a different person, or whether in respect of events or contingencies to be decided at such race meeting or elsewhere) shall, in respect of any and every dividend payable to such investor (other than in relation to any horse specified in paragraph (c) of this subsection), be paid not less than fifty-five cents for each unit of his investment." 27. Amendment of s. 74 . Section seventy-four of the Principal Act is amended by adding the following paragraphs:- "; or (g) on a day on which a night trotting meeting may lawfully be conducted on a racecourse carry on the business of or act as a bookmaker anywhere on that racecourse before six o'clock in the afternoon of that day unless it is lawful to conduct a race meeting other than a night trotting meeting, and such race meeting is actually conducted, on that racecourse on that day; or

Racing and Betting.Acts Amendment Act of 1967, No. 34 225 (h) on a day on which a race meeting other than a night trotting meeting may lawfully be conducted on a racecourse carry on the business of or act as a bookmaker anywhere on that racecourse after seven o'clock in the evening of that day unless it is lawful to conduct a night trotting meeting, and such night trotting meeting is actually conducted, on that racecourse on that day." 28. Amendment of s. 77. Section seventy-seven of the Principal Act is amended by omitting subsection (2) and inserting in its stead the following subsection:- " (2) For the purposes of this section and without prejudice to any other means of proving that element of any alleged offence against this section, proof that a racing club or coursing club or athletic club on any day conducted on a racecourse or coursing ground or athletic ground a race meeting, coursing meeting, or, as the case may be, an athletic meeting shall be conclusive proof (except in the case of a racecourse whereon both a race meeting other than a night trotting meeting and a night trotting meeting are conducted on the same day) 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: Provided that 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- (i) 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 (ii) 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." 29. Amendment of s. 95B (5). Subsection (5) of section 95B of the Principal Act is amended by omitting subparagraph (ii) of paragraph (f) and inserting in its stead the following subparagraph:- (ii) in relation to a racing club which is for the time being comprised in any of the groups specified in section sixteen of this Act, the Board;". 30. Amendment of s. 95C. Section 95c of the Principal Act is amended by omitting subsection (3). 31. Amendments of s. 102. Section one hundred and two of the Principal Act is amended by- (a) 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 shall deliver to such principal club or, as the case may be, the Board in accordance with its requisition a duplicate original or carbon copy of any betting sheet used by him."; 8

226 Racing and Betting Acts Amendment Act of 1967, No. 34 (b) in subsection (5)- (i) omitting the words " or Principal Trotting Club ", where they appear in the first paragraph, and inserting in their stead the words " or the Board "; (ii) omitting the words " or a Principal Trotting Club " where they appear in the third paragraph and inserting in their stead the words or the Board ".