Racing and Other Legislation Amendment Act 2012 (Qld)

Queensland Racing and Other Legislation Amendment Act 2012 Act No. 42 of 2012

Queensland Racing and Other Legislation Amendment Act 2012 Contents Part 1 1 2 Part 2 3 4 Part 3 5 6 7 8 9 10 11 Page Preliminary Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of Interactive Gambling (Player Protection) Act1998 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 Amendment of s 6 (Meaning of interactive game) . . . . . . . . . . . . 14 Amendment of Racing Act 2002 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Amendment of s 4 (Main purposes of Act and how they generally are achieved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Replacement of ch 2, pt 1, hdg (Main purposes of chapter) . . . . 16 Amendment of s 7 (Main purposes of ch 2 and how they generally are achieved) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 Omission of ch 2, pt 2, hdg and div 1, hdg . . . . . . . . . . . . . . . . . . 17 Amendment of s 9 (Meaning of eligible individual) . . . . . . . . . . . . 17 Insertion of new ch 2, pts 1A and 1B and pt 2, hdg . . . . . . . . . . . 18 Part 1A Queensland All Codes Racing Industry Board Division 1 Establishment and status of all-codes board 9AA Establishment of Queensland All Codes Racing Industry Board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9AB All-codes board to be control body for particular codes of racing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 9AC Application of various public sector Acts . . . . . . . . . . 18 Division 2 All-codes board’s functions and powers 9AD All-codes board’s functions. . . . . . . . . . . . . . . . . . . . . 19 9AE All-codes board’s powers . . . . . . . . . . . . . . . . . . . . . . 20

Racing and Other Legislation Amendment Act 2012 Contents Page 2 9AF All-codes board must perform functions in best interests of all codes of racing . . . . . . . . . . . . . . . . . . 9AG Payment of share of net UNiTAB product fee as prize money . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9AH Delegation by all-codes board . . . . . . . . . . . . . . . . . . Division 3 Membership of all-codes board 9AI Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9AJ Eligibility of members . . . . . . . . . . . . . . . . . . . . . . . . . 9AK Vacancy in member’s office . . . . . . . . . . . . . . . . . . . . 9AL Chairperson and deputy chairperson of all-codes board ................................ 9AM Vacancy in chairperson’s or deputy chairperson’s office ................................. 9AN Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9AO Effect of vacancy in membership of all-codes board . 9AP Remuneration and other conditions of appointment. . Division 4 All-codes board business and meetings 9AQ Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 9AR Time and place of meetings . . . . . . . . . . . . . . . . . . . . 9AS Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9AT Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 9AU Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 9AV Annual meeting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9AW Minister may call meeting . . . . . . . . . . . . . . . . . . . . . . 9AX Minutes and other records . . . . . . . . . . . . . . . . . . . . . 9AY Dissenting opinion to be reported . . . . . . . . . . . . . . . Division 5 Chief executive officer 9AZ Chief executive officer of all-codes board. . . . . . . . . . 9BA Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9BB Functions of chief executive officer. . . . . . . . . . . . . . . 9BC Remuneration and conditions of appointment . . . . . . 9BD Vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9BE Acting chief executive officer of all-codes board. . . . . 9BF Delegation by chief executive officer . . . . . . . . . . . . . Division 6 Information to be collected about potential member and chief executive officer of all-codes board 9BG Chief executive to gather information about candidate 21 21 21 22 22 23 24 24 24 25 25 25 26 26 26 26 27 27 27 27 28 29 29 29 29 30 30 30 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Contents 9BH Obtaining criminal history of candidate . . . . . . . . . . . Division 7 Duties of executive officers and employees of all-codes board 9BI Duty to act honestly and exercise care and diligence 9BJ Member must disclose interest. . . . . . . . . . . . . . . . . . 9BK Conflicts of interest. . . . . . . . . . . . . . . . . . . . . . . . . . . Division 8 Immunity for members and chief executive officer of all-codes board 9BL Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . Division 9 Ministerial direction to all-codes board 9BM Ministerial direction to all-codes board about its functions or powers . . . . . . . . . . . . . . . . . . . . . . . . . . Division 10 Other matters 9BN Committees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part 1B Control boards Division 1 Establishment, functions and powers 9BO Establishment of control boards . . . . . . . . . . . . . . . . . 9BP Control boards for particular codes of racing . . . . . . . 9BQ Control board’s functions and powers . . . . . . . . . . . . 9BR Authentication of documents . . . . . . . . . . . . . . . . . . . 9BS Delegation by control board . . . . . . . . . . . . . . . . . . . . Division 2 Members of control board 9BT Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9BU Eligibility of members . . . . . . . . . . . . . . . . . . . . . . . . . 9BV Term of office . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9BW Vacancy in member’s office . . . . . . . . . . . . . . . . . . . . 9BX Chairperson and deputy chairperson . . . . . . . . . . . . . 9BY Vacancy in chairperson’s or deputy chairperson’s office ................................. 9BZ Casual vacancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9CA Effect of vacancy in membership of control board . . . 9CB Remuneration and other conditions of appointment. . Division 3 Control board business and meetings 9CC Conduct of business . . . . . . . . . . . . . . . . . . . . . . . . . . 9CD Time and place of meetings . . . . . . . . . . . . . . . . . . . . 9CE Quorum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9CF Presiding at meetings. . . . . . . . . . . . . . . . . . . . . . . . . 31 31 32 34 34 35 36 36 36 37 38 38 38 38 39 39 40 40 41 41 41 42 42 42 42 2012 Act No. 42 Page 3

Racing and Other Legislation Amendment Act 2012 Contents 9CG Conduct of meetings . . . . . . . . . . . . . . . . . . . . . . . . . 42 9CH Minutes and other records . . . . . . . . . . . . . . . . . . . . . 43 Division 4 Information to be collected about potential member of control board 9CI Chief executive to gather information about candidate 43 9CJ Obtaining criminal history of candidate . . . . . . . . . . . 44 Division 5 Duties of members of control boards 9CK Duty to act honestly and exercise due care and diligence . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44 9CL Member must disclose interest. . . . . . . . . . . . . . . . . . 45 9CM Disclosure of interest in licensed animal by member of a control board . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46 Division 6 Immunity for members of control board 9CN Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 47 Division 7 Ministerial direction to control board 9CO Ministerial direction to control board about its functions or powers . . . . . . . . . . . . . . . . . . . . . . . . . . 48 Division 8 Investigating a control board 9CP Investigation into suitability of a control board . . . . . . 48 12 Renumbering of ch 2, pt 2, divs 2 to 7 . . . . . . . . . . . . . . . . . . . . . 49 13 Amendment of s 11 (Approval application to be accompanied by specific matters) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 49 14 Amendment of s 16 (Application of div 4). . . . . . . . . . . . . . . . . . . 50 15 Replacement of s 22 (Chief executive must request fingerprints of business associates and executive associates of the approval applicant) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 22 Request to obtain criminal history of business associates and executive associates of approval applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 16 Amendment of s 23 (Obtaining the criminal history of an individual) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 50 17 Omission of s 32 (Destruction of fingerprints) . . . . . . . . . . . . . . . 51 18 Insertion of new ch 2, pt 2, div 7 and div 8, hdg . . . . . . . . . . . . . . 51 Division 7 Requirements for approved control body after approval 32 Approved control body to report to chief executive on status as eligible corporation in previous financial year 51 19 Amendment of s 33 (Function of control body) . . . . . . . . . . . . . . 52 20 Amendment of s 34 (Powers of control body for its code of racing) 52 Page 4 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Contents 21 Relocation and renumbering of s 34A (Control body approved for more than one code of racing) . . . . . . . . . . . . . . . . . . . . . . . . 54 22 Relocation and renumbering of s 36 (Obligation to implement plans as stated in approval application) . . . . . . . . . . . . . . . . . . . . 54 23 Replacement of ch 2, pt 3, div 3, hdg (Annual reporting by control bodies and related issues) . . . . . . . . . . . . . . . . . . . . . . . . 54 24 Amendment of s 41 (Annual reporting by control body) . . . . . . . . 54 25 Amendment of s 42 (Notice about change of executive officers) . 55 26 Amendment, relocation and renumbering of s 43 (Notice of event resulting in a control body not being an eligible corporation) . . . . 55 27 Omission of ch 2, pt 4, div 1, hdg (Ministerial directions to control bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55 28 Amendment, relocation and renumbering of s 45 (Minister may give a direction to control body about its policies or rules) . . . . . . 56 29 Renumbering of ch 2, pt 4, div 2 (Audit regime and other investigations) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 30 Amendment of s 47 (Investigations into suitability of a control body) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 31 Amendment of s 48 (Investigation into suitability of associate of control body). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 56 32 Amendment of s 51 (Criminal history report for investigation) . . . 56 33 Omission of ch 2, pt 4, div 3, hdg (Disciplinary action against control bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 34 Amendment of s 52 (Grounds for disciplinary action relating to the approval of a control body for its code of racing) . . . . . . . . . . 57 35 Relocation and renumbering of ss 52–58. . . . . . . . . . . . . . . . . . . 57 36 Replacement of ch 2, pt 4, div 4, hdg (Other provisions about control bodies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 57 37 Relocation and renumbering of ss 59 and 60. . . . . . . . . . . . . . . . 58 38 Amendment of s 60A (Disclosure of interest in licensed animal by executive officer of control body) . . . . . . . . . . . . . . . . . . . . . . . 58 39 Omission of s 60B (Payment of share of net UNiTAB product fee as prize money) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 40 Amendment of s 81 (Matters for which a control body must have a policy) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 41 Amendment of s 87 (Control body’s policy for a licensing scheme) 59 42 Omission of ch 3, pt 3, div 1, hdg (General provisions about rules of racing) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59 43 Omission of ch 3, pt 3, div 2 (Appeals under rules of racing). . . . 60 44 Amendment of s 113 (Prohibition of disposal of assets etc. of non-proprietary entity) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 2012 Act No. 42 Page 5

Racing and Other Legislation Amendment Act 2012 Contents 45 Renumbering of ss 113A–113G . . . . . . . . . . . . . . . . . . . . . . . . . . 60 46 Insertion of new ch 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Chapter 3A Racing Integrity Commissioner Part 1 Establishment 113AL Racing Integrity Commissioner . . . . . . . . . . . . . . . . . 60 113AM Persons eligible to be commissioner . . . . . . . . . . . . . 61 Part 2 Functions and powers of commissioner 113AN Functions of commissioner. . . . . . . . . . . . . . . . . . . . . 61 113AO General restrictions on functions . . . . . . . . . . . . . . . . 62 113AP Powers of the commissioner . . . . . . . . . . . . . . . . . . . 62 113AQ Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 62 113AR Removal or suspension of commissioner. . . . . . . . . . 63 113AS Protection from liability . . . . . . . . . . . . . . . . . . . . . . . . 63 Part 3 Audits and investigations 113AT Commissioner’s powers for audits and investigations 63 113AU Power to require attendance and giving of evidence . 63 113AV Power to require information, document or thing . . . . 64 113AW Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . 64 113AX Power to refuse to investigate complaint . . . . . . . . . . 65 113AY Report of findings . . . . . . . . . . . . . . . . . . . . . . . . . . . . 66 Part 4 Administration 113AZ Staff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 113BA Funding . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 113BB Recovery of unpaid amounts . . . . . . . . . . . . . . . . . . . 68 Part 5 Reporting 113BC Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 113BD Commissioner to report failure by control body to act on recommendation . . . . . . . . . . . . . . . . . . . . . . . . . . 68 47 Amendment of s 147 (Procedure after analysis) . . . . . . . . . . . . . 69 48 Insertion of new ch 4A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Chapter 4A Racing Disciplinary Board proceedings Part 1 Racing Disciplinary Board Division 1 Establishment and functions 149A Establishment of disciplinary board . . . . . . . . . . . . . . 70 149B Functions of disciplinary board. . . . . . . . . . . . . . . . . . 70 Division 2 Membership of disciplinary board Page 6 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Contents 149C Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149D Chairperson and deputy chairperson of disciplinary board . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149E Eligibility of members . . . . . . . . . . . . . . . . . . . . . . . . . 149F Resignation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149G Termination of appointment . . . . . . . . . . . . . . . . . . . . 149H Vacancy in office . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149I Effect of vacancy in membership of disciplinary board 149J Remuneration of members . . . . . . . . . . . . . . . . . . . . . 149K Member of disciplinary board who is public service officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149L Protection of members from civil liability . . . . . . . . . . Division 3 Chairperson 149M Role of chairperson . . . . . . . . . . . . . . . . . . . . . . . . . . 149N Chairperson may delegate . . . . . . . . . . . . . . . . . . . . . Division 4 Constitution of disciplinary board 149O Constitution of disciplinary board for hearing and deciding accepted appeal. . . . . . . . . . . . . . . . . . . . . . Division 5 Staff of disciplinary board 149P Appointment of registrar and other officers . . . . . . . . 149Q Assigning staff of control body . . . . . . . . . . . . . . . . . . Part 2 Appeals against appellable decisions Division 1 Preliminary 149R Definitions for pt 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . 149S What is an appellable decision . . . . . . . . . . . . . . . . . . Division 2 Starting an appeal 149T Who may appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149U Aggrieved person must give notice of appeal. . . . . . . 149V Acceptance, rejection or referral of appeal. . . . . . . . . 149W When accepted appeal starts. . . . . . . . . . . . . . . . . . . 149X Who is a party to an accepted appeal . . . . . . . . . . . . 149Y Registrar must give notice to parties and others . . . . 149Z Jurisdiction of constituted board. . . . . . . . . . . . . . . . . 149ZA Constituted board to hear accepted appeal as soon as practicable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZB Stay of control body decision . . . . . . . . . . . . . . . . . . . 149ZC Disclosure of conflict of interest of member . . . . . . . . 70 71 71 71 71 72 73 73 73 73 73 74 75 76 76 77 77 78 79 79 80 80 80 81 81 82 82 2012 Act No. 42 Page 7

Racing and Other Legislation Amendment Act 2012 Contents 149ZD Constitution of constituted board if member has conflict of interest . . . . . . . . . . . . . . . . . . . . . . . . . . . . Division 3 Appeal hearings 149ZE Hearing procedures . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZF Appeal to be heard in public unless constituted board decides otherwise. . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZG Hearing by remote conferencing or on the papers . . . 149ZH Directions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZI Joining parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZJ Representation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZK Withdrawal of appeal . . . . . . . . . . . . . . . . . . . . . . . . . Division 4 Witnesses 149ZL Requiring witness to attend or produce document or thing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZM Swearing or affirming witnesses. . . . . . . . . . . . . . . . . 149ZN Witness fees and expenses . . . . . . . . . . . . . . . . . . . . 149ZO Offences by witnesses . . . . . . . . . . . . . . . . . . . . . . . . Division 5 Experts 149ZP Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZQ Duty of expert . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZR Remuneration and expenses . . . . . . . . . . . . . . . . . . . 149ZS Helping the constituted board. . . . . . . . . . . . . . . . . . . 149ZT Costs of obtaining expert’s help . . . . . . . . . . . . . . . . . 149ZU Disclosure of interests . . . . . . . . . . . . . . . . . . . . . . . . Division 6 Decisions and powers of constituted board 149ZV How constituted board may act in hearing accepted appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZW Deciding questions in accepted appeal . . . . . . . . . . . 149ZX Powers of constituted board on accepted appeal. . . . 149ZY Effect of decision . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZZ Notice of decision of constituted board . . . . . . . . . . . 149ZZA Dismissing appeal if unjustified . . . . . . . . . . . . . . . . . 149ZZB Party fails to attend. . . . . . . . . . . . . . . . . . . . . . . . . . . Division 7 Costs and enforcement 149ZZC Costs of appeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 149ZZD Enforcement of costs order . . . . . . . . . . . . . . . . . . . . Division 8 Offences and contempt 83 84 85 86 86 87 87 88 89 89 89 90 91 91 91 91 92 93 94 94 94 95 95 95 96 96 97 Page 8 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Contents 149ZZE Contravening decision . . . . . . . . . . . . . . . . . . . . . . . . 97 149ZZF False or misleading information . . . . . . . . . . . . . . . . . 98 149ZZG Influencing participants . . . . . . . . . . . . . . . . . . . . . . . 99 149ZZH Contempt at hearing. . . . . . . . . . . . . . . . . . . . . . . . . . 99 149ZZI Constituted board may exclude disruptive person from hearing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 99 Part 3 Miscellaneous 149ZZJ Protections and immunities . . . . . . . . . . . . . . . . . . . . 100 149ZZK Annual report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100 49 Omission of ss 150–152. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 101 50 Insertion of new ch 5, pts 1 and 2, and pt 3, hdg . . . . . . . . . . . . . 101 Part 1 Referral by chairperson of disciplinary board to tribunal 150 How appeal is referred to tribunal. . . . . . . . . . . . . . . . 101 151 Tribunal to exercise review jurisdiction . . . . . . . . . . . . 102 Part 2 Review of decisions by tribunal other than by disciplinary board referral 152 Appeal to disciplinary board before review by tribunal 102 152A Who may apply for review by the tribunal . . . . . . . . . . 102 51 Amendment of s 153 (Tribunal to hear review within 28 days) . . . 103 52 Amendment of s 154 (Constitution of tribunal) . . . . . . . . . . . . . . . 103 53 Insertion of new ch 5, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 103 Part 4 Appeal by control bodies of decisions of constituted board 155 Control body may appeal on question of law . . . . . . . 103 54 Amendment of s 194 (Requirement to hold racing bookmaker’s licence) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 104 55 Amendment of s 195 (Requirement for racing bookmaker to hire licensed clerk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105 56 Amendment of s 196 (Requirement to hold licence as a racing bookmaker’s clerk) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 106 57 Amendment of s 197 (Requirement to produce licence) . . . . . . . 107 58 Amendment of s 199 (Unlawful bookmaking by racing bookmaker) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 59 Insertion of new s 200A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 108 200A Special requirements for betting by racing bookmaker who holds offcourse approval. . . . . . . . . . . . . . . . . . . 109 60 Amendment of s 213 (Criminal history reports for investigations) 109 61 Amendment of s 227 (Criminal history report for investigation) . . 110 2012 Act No. 42 Page 9

Racing and Other Legislation Amendment Act 2012 Contents 62 Insertion of new ch 6, pt 3A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 Part 3A Offcourse approvals for racing bookmakers Division 1 Applications for, and granting of, offcourse approvals 243 Application for offcourse approval . . . . . . . . . . . . . . . 110 244 Further information or documents to support application . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 245 Requirement of control body to give information or documents relating to application. . . . . . . . . . . . . . . . 112 246 Consideration of application . . . . . . . . . . . . . . . . . . . . 112 247 Decision on application . . . . . . . . . . . . . . . . . . . . . . . 112 248 What are the conditions of an offcourse approval . . . 113 248A What is the accepted undertaking for an offcourse approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 113 248B Notice of decision on application . . . . . . . . . . . . . . . . 114 Division 2 Cancellation of offcourse approval 248C Grounds for cancellation. . . . . . . . . . . . . . . . . . . . . . . 114 248D Show cause notice . . . . . . . . . . . . . . . . . . . . . . . . . . . 114 248E Involvement of control bodies in show cause process 115 248F Consideration of representations . . . . . . . . . . . . . . . . 115 248G Ending show cause process without further action . . 115 248H Cancellation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 116 248I Return of cancelled offcourse approval . . . . . . . . . . . 116 248J Automatic cancellation or suspension of offcourse approval . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 117 248K Censuring racing bookmaker . . . . . . . . . . . . . . . . . . . 117 248L Notice to control bodies of decisions . . . . . . . . . . . . . 118 Division 3 Immediate suspension of offcourse approval 248M Immediate suspension of offcourse approval . . . . . . . 118 63 Amendment of s 249 (When a racing bookmaker may make a bet with a person who is not present at a licensed venue). . . . . . 119 64 Amendment of s 254 (Payment and settlement of bets) . . . . . . . 119 65 Amendment of s 255 (Bookmaking on certain declared sporting contingencies) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 120 66 Amendment of s 256 (Racing bookmaker’s agent during certain periods) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 121 67 Amendment of s 270 (Power of entry) . . . . . . . . . . . . . . . . . . . . . 121 68 Amendment of s 310 (Definitions for div 1) . . . . . . . . . . . . . . . . . 121 Page 10 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Contents 69 Replacement of s 311 (Protection for persons about whom confidential information or background documents obtained) . . . 122 311 Offence to disclose confidential information or copy background document . . . . . . . . . . . . . . . . . . . . . . . . 122 70 Amendment of s 351 (Matters must be considered appropriate on grounds that are reasonable in the circumstances). . . . . . . . . 123 71 Amendment of s 352A (Integrity of analysis of thing). . . . . . . . . . 123 72 Amendment of s 355 (Regulation-making power) . . . . . . . . . . . . 124 73 Insertion of new ch 10, pt 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Part 7 Transitional provisions for Racing and OtherLegislationAmendmentAct2012 Division 1 Preliminary 445 Definitions for pt 7. . . . . . . . . . . . . . . . . . . . . . . . . . . . 124 Division 2 Provisions relating to former control body 446 Cancellation of approval held by former control body 125 447 Assets and liabilities etc. . . . . . . . . . . . . . . . . . . . . . . 125 448 Displacement provision for Corporations legislation. . 126 449 Employees of former control bodies . . . . . . . . . . . . . . 126 450 Continuity of employment . . . . . . . . . . . . . . . . . . . . . . 126 451 Proceedings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 127 452 Things done by former control body . . . . . . . . . . . . . . 127 453 Rights and obligations of former control body under this Act . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 454 Application of audit regime to all-codes board . . . . . . 128 455 Net UNiTAB product fee paid before commencement 128 456 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 457 Continuation of action started against licensed club under ch 3, pt 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 458 Existing legal relationships not affected . . . . . . . . . . . 130 459 No compensation payable . . . . . . . . . . . . . . . . . . . . . 130 460 References to control body or former control body . . 131 Division 3 Other provisions 461 Destruction of fingerprints . . . . . . . . . . . . . . . . . . . . . 131 462 Continued protection for persons about whom background documents obtained . . . . . . . . . . . . . . . . 131 74 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 132 75 Other amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 2012 Act No. 42 Page 11

Racing and Other Legislation Amendment Act 2012 Contents Part 4 76 77 Schedule Amendment of Wagering Act 1998 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Amendment of s 169 (Application of wagering tax) . . . . . . . . . . . Minor amendments of Racing Act 2002 . . . . . . . . . . . . . . . . . 136 137 138 Page 12 2012 Act No. 42

Queensland Racing and Other Legislation Amendment Act 2012 Act No. 42 of 2012 An Act to amend the Interactive Gambling (Player Protection) Act 1998, the Racing Act 2002 and the Wagering Act 1998 for particular purposes [Assented to 11 December 2012]

Racing and Other Legislation Amendment Act 2012 Part 1 Preliminary [s 1] The Parliament of Queensland enacts— Part 1 Preliminary 1 Short title This Act may be cited as the Racing and Other Legislation Amendment Act 2012 . 2 Commencement This Act, other than sections 10 and 13, commences on a day to be fixed by proclamation. Part 2 Amendment of Interactive Gambling (Player Protection) Act 1998 3 Act amended This part amends the InteractiveGambling(PlayerProtection) Act 1998. 4 Amendment of s 6 (Meaning of interactive game ) Section 6(2)(a)— omit, insert— ‘(a) wagering conducted under the Racing Act 2002 if— (i) a person places a wager with a racing bookmaker by using a telecommunications system under that Act for conducting the wagering; and Page 14 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 5] (ii) either— (A) when the wager is placed, the racing bookmaker is carrying on bookmaking at a race meeting under that Act; or (B) the racing bookmaker is carrying on the bookmaking under an offcourse approval under that Act;’. Part 3 Amendment of Racing Act 2002 5 Act amended This part amends the Racing Act 2002. Note — See also the amendments in the schedule. 6 Amendment of s 4 (Main purposes of Act and how they generally are achieved) (1) Section 4(2), ‘following—’— omit, insert— ‘following— (aa) the establishment of the Queensland All Codes Racing Industry Board as the control body to manage the thoroughbred, harness and greyhound codes of racing; (ab) the establishment of control boards to assist the Queensland All Codes Racing Industry Board;’. (2) Section 4(2)— insert— ‘(da) the appointment of the Racing Integrity Commissioner; 2012 Act No. 42 Page 15

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 7] (ea) the establishment of the Racing Disciplinary Board to hear and decide appeals against appellable decisions; (fa) the process for granting offcourse approvals to racing bookmakers for carrying on racing bookmaking at places other than licensed venues;’. (3) Section 4(2)(aa) to (i)— renumber as section 4(2)(a) to (n). 7 Replacement of ch 2, pt 1, hdg (Main purposes of chapter) Chapter 2, part 1, heading— omit, insert— ‘Part 1 Preliminary’. 8 Amendment of s 7 (Main purposes of ch 2 and how they generally are achieved) (1) Section 7(1)(a) and (b)— renumber as section 7(1)(c) and (d). (2) Section 7(1)— insert — ‘(a) to establish a control body for the thoroughbred, harness and greyhound codes of racing; and (b) to establish control boards for the thoroughbred, harness and greyhound codes of racing; and’. (3) Section 7(2)— omit, insert — ‘(2) Generally, the main purposes of this chapter are achieved by providing for the following— (a) establishment of the Queensland All Codes Racing Industry Board as the control body for the thoroughbred, harness and greyhound codes of racing; Page 16 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 9] (b) powers and functions of the Queensland All Codes Racing Industry Board, including provisions relating to executive officers, employees and conducting business; (c) establishment of each of the following control boards— (i) the Queensland Thoroughbred Racing Board; (ii) the Queensland Harness Racing Board; (iii) the Queensland Greyhound Racing Board; (d) criteria to establish the corporations that may apply for approval as an approved control body; (e) requirements for each approval applicant for a code of racing or proposed code of racing; (f) assessment procedures relating to an approval application, and requirements to investigate business associates and executive associates of the approval applicant, including, for example, obtaining their criminal histories; (g) powers and obligations of a control body for its code of racing; (h) reporting requirements that apply to a control body and mechanisms for the Minister to monitor and discipline a control body, including by giving directions to or auditing a control body or taking disciplinary action relating to an approved control body.’. 9 Omission of ch 2, pt 2, hdg and div 1, hdg Chapter 2, part 2, heading, and division 1, heading— omit . 10 Amendment of s 9 (Meaning of eligible individual ) Section 9(e)(ii), after ‘association formed’— insert— ‘in Australia’. 2012 Act No. 42 Page 17

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] 11 Insertion of new ch 2, pts 1A and 1B and pt 2, hdg Chapter 2, after section 9— insert — ‘Part 1A Queensland All Codes Racing Industry Board ‘Division 1 Establishment and status of all-codes board ‘9AA Establishment of Queensland All Codes Racing Industry Board ‘The Queensland All Codes Racing Industry Board is established. ‘9AB All-codes board to be control body for particular codes of racing ‘The all-codes board is the control body for the following codes of racing (each a board code of racing )— (a) thoroughbred racing; (b) harness racing; (c) greyhound racing. ‘9AC Application of various public sector Acts ‘(1) The all-codes board is— (a) a statutory body under the Financial Accountability Act2009 ; and (b) a statutory body under the StatutoryBodiesFinancialArrangements Act 1982 ; and (c) a unit of public administration under the CrimeandMisconduct Act 2001 . Page 18 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘(2) The Statutory Bodies Financial Arrangements Act 1982 , part 2B sets out the way in which the all-codes board’s powers under this Act are affected by the Statutory Bodies FinancialArrangements Act 1982 . ‘Division 2 All-codes board’s functions and powers ‘9AD All-codes board’s functions ‘(1) The primary function of the all-codes board is to be the control body for the board codes of racing with responsibility for the management of the relevant codes of racing. ‘(2) The functions of the all-codes board include, but are not limited to— (a) identifying, assessing and developing responses to strategic issues relevant to the board codes of racing individually or as a whole; and (b) developing and implementing responses to strategic challenges faced by the board codes of racing individually or as a whole; and (c) leading and facilitating negotiations between 2 or more control boards about strategic issues and agreements that affect the board codes of racing individually or as a whole; and (d) leading and undertaking negotiations with other entities about strategic issues and agreements that affect the board codes of racing individually or as a whole; and (e) identifying priorities for major capital expenditure for the board codes of racing individually or as a whole; and (f) managing the redevelopment of existing, and the construction of new, racing infrastructure required by the board codes of racing individually or as a whole; and 2012 Act No. 42 Page 19

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (g) developing and implementing plans and strategies for developing, promoting and marketing the board codes of racing individually or as a whole; and (h) assisting control boards by providing staff required by control boards for the performance of the control boards’ functions; and (i) funding the cost of the performance of control boards’ functions; and (j) making recommendations to the Minister about the administration and conduct of the board codes of racing individually or as a whole; and (k) considering any matters referred to the all-codes board by the Minister; and (l) if a matter is referred to the all-codes board by the Minister under paragraph (k)—reporting to the Minister. ‘9AE All-codes board’s powers ‘(1) The all-codes board has— (a) the powers listed in subsection (2) and section 34; and (b) the powers to do anything else necessary or convenient to be done in performing its functions or discharging the obligations imposed on the board under this Act. ‘(2) The all-codes board has the powers of an individual and may, for example— (a) enter into contracts and agreements; and (b) acquire, hold, deal with or dispose of property; and (c) engage consultants or contractors; and (d) appoint agents and attorneys; and (e) employ staff. Note — Section 449 states that the employees employed by Racing Queensland Limited ACN 142 786 874 immediately before the Page 20 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] commencement of that section become employees of the all- codes board on the same terms, conditions and entitlements applying before the commencement. ‘(3) In exercising a power, the all-codes board may exercise the power in relation to— (a) each board code of racing individually; or (b) the board codes of racing as a whole. ‘9AF All-codes board must perform functions in best interests of all codes of racing ‘In performing a function of the board under this Act, the all-codes board must perform the function in a way that is in the best interests of the thoroughbred, harness and greyhound codes of racing as a whole while having regard to the interests of each individual code. ‘9AG Payment of share of net UNiTAB product fee as prize money ‘(1) The all-codes board must pay 5.32% of its net UNiTAB product fee for a year as prize money for non-TABQ thoroughbred races conducted by non-TABQ thoroughbred clubs in the year. ‘(2) If, at the end of a year, the all-codes board has not paid 5.32% of its net UNiTAB product fee for the year as prize money as required under subsection (1), the all-codes board must use the remaining amount of the 5.32% for supporting non-TABQ thoroughbred racing. Example of use of remaining amount of the 5.32% for supporting non-TABQ thoroughbred racing — carrying out maintenance at a non-TABQ thoroughbred club ‘9AH Delegation by all-codes board ‘The all-codes board may delegate its powers to an appropriately qualified person. 2012 Act No. 42 Page 21

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘Division 3 Membership of all-codes board ‘9AI Members ‘(1) The all-codes board consists of the following 5 members— (a) the chairperson of the Queensland Thoroughbred Racing Board; (b) the chairperson of the Queensland Harness Racing Board; (c) the chairperson of the Queensland Greyhound Racing Board; (d) 2 other members appointed by the Governor in Council. ‘(2) If the position of chairperson of a control board is vacant, the deputy chairperson of the control board is the member of the all-codes board for the period of the vacancy. ‘(3) A member appointed by the Governor in Council is to be appointed for a term of not more than 3 years. ‘(4) A person appointed as a member by the Governor in Council may be reappointed. ‘9AJ Eligibility of members ‘(1) A person is eligible for appointment as a member of the all-codes board only if the person— (a) is an eligible individual; and (b) is suitable to be appointed to the all-codes board; and (c) has skills and experience in 1 or more of the following— (i) business or financial management; (ii) law; (iii) leadership; (iv) marketing; Page 22 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (v) a board code of racing. ‘(2) For subsection (1)(b), in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following— (a) the person’s character or business reputation; (b) the person’s current financial position and financial background; (c) the person’s background. ‘9AK Vacancy in member’s office ‘(1) The office of a member of the all-codes board becomes vacant if— (a) for a member who is the chairperson of a control board—the member ceases to be the chairperson of the control board; or (b) the member resigns by signed notice given to the Minister; or (c) the member ceases to be an eligible individual; or (d) both— (i) the member is absent, without reasonable cause, from 3 consecutive meetings of the all-codes board after being given notice of the meetings; and (ii) is not, within 6 weeks after the last meeting, excused by the all-codes board for the absence; or (e) the member is removed from office under subsection (2). ‘(2) The Governor in Council may remove a member of the all-codes board from office as member for any reason or none. 2012 Act No. 42 Page 23

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘9AL Chairperson and deputy chairperson of all-codes board ‘(1) The Governor in Council must appoint 1 of the members of the all-codes board as the chairperson of the all-codes board. ‘(2) The Governor in Council must appoint 1 of the members of the all-codes board as the deputy chairperson of the all-codes board. ‘(3) A person may be appointed as the chairperson or deputy chairperson of the all-codes board at the same time as the person is appointed as a member of the all-codes board or at another time. ‘9AM Vacancy in chairperson’s or deputy chairperson’s office ‘(1) The office of chairperson or deputy chairperson of the all-codes board becomes vacant if the chairperson or deputy chairperson— (a) ceases to be a member of the all-codes board; or (b) resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or (c) is removed from office as chairperson or deputy chairperson under subsection (3). ‘(2) The chairperson or deputy chairperson of the all-codes board may resign office as chairperson or deputy chairperson without resigning office as a member of the all-codes board. ‘(3) The Governor in Council may remove a person from office as the chairperson or deputy chairperson of the all-codes board for any reason or none. ‘9AN Casual vacancy ‘(1) If the office of a member, chairperson or deputy chairperson of the all-codes board becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term, the Governor in Council may appoint a person who is eligible to Page 24 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] be appointed under section 9AJ or 9AL to the all-codes board or to the office of chairperson or deputy chairperson. ‘(2) A person appointed under subsection (1)— (a) completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and (b) is eligible for reappointment at the end of the term stated in paragraph (a). ‘9AO Effect of vacancy in membership of all-codes board Despite section 9AI(1) or 9AL(1) or (2), the performance of a function, or exercise of a power, by the all-codes board is not affected merely because of a vacancy in the office of a member, the chairperson or the deputy chairperson of the all-codes board. ‘9AP Remuneration and other conditions of appointment ‘(1) A member of the all-codes board is to be paid the remuneration decided by the Governor in Council. ‘(2) A member of the all-codes board holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. ‘Division 4 All-codes board business and meetings ‘9AQ Conduct of business ‘Subject to this Act, the all-codes board may conduct its business, including its meetings, in the way it considers appropriate. 2012 Act No. 42 Page 25

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘9AR Time and place of meetings ‘(1) The all-codes board may hold its meetings when and where the chairperson of the all-codes board decides. ‘(2) However, the chairperson must call a meeting if asked in writing by at least 1 other member of the all-codes board. ‘9AS Quorum ‘A quorum for a meeting of the all-codes board is at least 3 of the members of the all-codes board. ‘9AT Presiding at meetings ‘(1) The chairperson of the all-codes board presides at all meetings of the all-codes board at which the chairperson is present. ‘(2) If the chairperson is absent, the deputy chairperson presides. ‘9AU Conduct of meetings ‘(1) The all-codes board may conduct its meetings by using any technology allowing reasonably contemporaneous and continuous communication between persons taking part in the meetings. ‘(2) A member of the all-codes board who takes part in a meeting of the board under subsection (1) is taken to be present at the meeting. ‘(3) A question at a meeting of the all-codes board is to be decided by a majority of the votes of the members present at the meeting. ‘(4) If the votes are equal, the chairperson of the all-codes board has a casting vote. ‘(5) A resolution is a valid resolution of the all-codes board, even though it is not passed at a meeting of the all-codes board, if— Page 26 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (a) at least half the members give written agreement to the resolution; and (b) notice of the resolution is given in accordance with procedures approved by the all-codes board. ‘9AV Annual meeting ‘(1) The all-codes board must, within 2 months after its annual report is tabled in the Legislative Assembly, hold an annual meeting. ‘(2) The annual meeting must be open to the public. ‘(3) The all-codes board must give 4 weeks notice of when and where it intends to hold its annual meeting on its website. ‘9AW Minister may call meeting ‘(1) The Minister may direct the all-codes board to convene a meeting to consider a matter specified by the Minister. ‘(2) The all-codes board is to comply with the Minister’s direction. ‘9AX Minutes and other records ‘The all-codes board must keep— (a) minutes of its meetings; and (b) a record of its decisions and resolutions. ‘9AY Dissenting opinion to be reported ‘(1) A member of the all-codes board attending a meeting of the all-codes board who objects to a decision made at the meeting in relation to the provision of advice to the Minister on a matter may require the member’s objection, and the member’s reasons for the objection, to be— (a) recorded in the minutes of the meeting; and 2012 Act No. 42 Page 27

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (b) reported in writing to the Minister when the advice is provided. ‘(2) The all-codes board is to comply with the requirement. ‘Division 5 Chief executive officer ‘9AZ Chief executive officer of all-codes board ‘(1) The all-codes board is to have a chief executive officer. ‘(2) The chief executive officer of the all-codes board is appointed by the Governor in Council. ‘(3) A person is eligible for appointment to be the chief executive officer if the person— (a) is nominated by the Minister; and (b) is recommended by the all-codes board; and (c) is an eligible individual; and (d) is suitable to be appointed as the chief executive officer; and (e) has skills, expertise and experience to perform the functions of the chief executive officer; and (f) is not a member of the all-codes board or a control board. ‘(4) For subsection (3)(d), in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following— (a) the person’s character or business reputation; (b) the person’s current financial position and financial background; (c) the person’s background. Page 28 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘9BA Term of office ‘(1) The chief executive officer of the all-codes board holds office for a term of 3 years. ‘(2) The chief executive officer may be reappointed as chief executive officer of the all-codes board. ‘9BB Functions of chief executive officer ‘The main functions of the chief executive officer of the all-codes board are as follows— (a) to ensure the all-codes board is managed in accordance with the priorities of the all-codes board; (b) to ensure the efficient and effective administration of the all-codes board; (c) to ensure the all-codes board complies with the requirements of this Act. ‘9BC Remuneration and conditions of appointment ‘(1) The chief executive officer of the all-codes board is employed under this Act and not under the Public Service Act 2008 . ‘(2) The chief executive officer is to be paid the remuneration and allowances decided by the Governor in Council. ‘(3) The chief executive officer holds office on the terms and conditions, not provided for by this Act, that are decided by the all-codes board. ‘9BD Vacancy ‘(1) The office of chief executive officer of the all-codes board becomes vacant if the chief executive officer— (a) completes the term of office and is not reappointed; or (b) resigns by signed notice given to the Minister; or (c) ceases to be an eligible individual; or 2012 Act No. 42 Page 29

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (d) is removed by the Governor in Council under subsection (2). ‘(2) The Governor in Council may remove the chief executive officer of the all-codes board for any reason or none. ‘9BE Acting chief executive officer of all-codes board ‘(1) If there is a vacancy in the office of chief executive officer of the all-codes board or the chief executive officer is absent or for any reason is unable to perform the functions of the office, the all-codes board may appoint a person to act as chief executive officer for a period of not more than 3 months. ‘(2) However, the all-codes board can not appoint a person under subsection (1) for more than 3 months in any 1 year. ‘9BF Delegation by chief executive officer ‘The chief executive officer of the all-codes board may delegate a function of the chief executive officer to an appropriately qualified person approved by the all-codes board. ‘Division 6 Information to be collected about potential member and chief executive officer of all-codes board ‘9BG Chief executive to gather information about candidate ‘(1) Before a person (a candidate ) may be appointed as a member or the chief executive officer of the all-codes board, the candidate must sign a consent form that gives the candidate’s consent to the following— (a) the collection of personal information about the candidate by or for the chief executive; (b) the collection of background information by or for the chief executive; Page 30 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (c) a criminal history check. ‘(2) The chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice. ‘9BH Obtaining criminal history of candidate ‘(1) The chief executive may ask the police commissioner for the following— (a) a written report on the candidate’s criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the candidate’s criminal history. ‘(2) After receiving the request, the police commissioner must give the report on the candidate’s criminal history to the chief executive. ‘(3) However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. ‘Division 7 Duties of executive officers and employees of all-codes board ‘9BI Duty to act honestly and exercise care and diligence ‘(1) An executive officer of the all-codes board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the executive officer’s functions and exercising the executive officer’s powers. ‘(2) A current or former executive officer must not make improper use of information acquired because of the executive officer’s position as an executive officer— (a) to gain, directly or indirectly, an advantage for the executive officer or for any other person; or 2012 Act No. 42 Page 31

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (b) to cause detriment to— (i) the all-codes board; or (ii) a control board. ‘(3) An executive officer must not make improper use of the executive officer’s position as an executive officer— (a) to gain, directly or indirectly, an advantage for the executive officer or for any other person; or (b) to cause detriment to— (i) the all-codes board; or (ii) a control board. ‘(4) This section— (a) has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of an executive officer of the all-codes board; and (b) does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability. ‘9BJ Member must disclose interest ‘(1) This section applies if— (a) a member (the interested member ) of the all-codes board has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the all-codes board; and (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter. ‘(2) The interested member must, as soon as possible after the relevant facts have come to the interested member’s knowledge, disclose the nature of the interest at a meeting of the all-codes board. Page 32 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘(3) Particulars of any disclosure made under this section must be recorded by the all-codes board in a register of interests kept for the purpose. ‘(4) Unless the all-codes board otherwise directs, the interested member must not— (a) be present during any deliberation of the all-codes board about the matter; or (b) take part in any decision of the all-codes board about the matter. ‘(5) For the giving of a direction by the all-codes board under subsection (4), the interested member must not— (a) be present during any deliberation of the all-codes board for the purpose of deciding whether to give the direction; or (b) take part in the decision about giving the direction by the all-codes board. ‘(6) A contravention of this section does not invalidate any decision of the all-codes board. ‘(7) However, if the all-codes board becomes aware a member has contravened this section, the all-codes board must reconsider any decision made by the all-codes board in which the member took part in contravention of this section. ‘(8) If a member is a chairperson of a control board, the member may have regard to, or may act in, the interests of the control board for which the member is the chairperson. ‘(9) However, a member may not act in a way that is contrary to the interests of the all-codes board. ‘(10) A reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the ActsInterpretation Act 1954 , section 36 does not apply. 2012 Act No. 42 Page 33

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘9BK Conflicts of interest ‘(1) If a person employed by the all-codes board, other than a member, has an interest that conflicts or may conflict with the discharge of the person’s duties, the person— (a) must disclose the nature of the interest and conflict to the all-codes board as soon as practicable after the relevant facts come to the person’s knowledge; and (b) must not take action or further action relating to a matter that is, or may be, affected by the conflict unless authorised by the all-codes board. ‘(2) The all-codes board may direct a person employed by the board to resolve a conflict or possible conflict between an interest of the person and the person’s duties. ‘(3) For the interpretation of a reference to an interest or a conflict of interest, see section 9BJ(10). ‘Division 8 Immunity for members and chief executive officer of all-codes board ‘9BL Protection from liability ‘(1) A member of the all-codes board or the chief executive officer of the board does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. ‘(2) If subsection (1) prevents a civil liability attaching to a member or the chief executive, the liability attaches instead to the all-codes board. Page 34 2012 Act No. 42

‘Division 9 Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] Ministerial direction to all-codes board ‘9BM Ministerial direction to all-codes board about its functions or powers ‘(1) The Minister may give the all-codes board a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction. ‘(2) However, the Minister may not give the all-codes board a direction about any of the following— (a) the allocation of race days, and the provision of funding, to clubs licensed by the all-codes board to hold race meetings; (b) the prize money for races held for a board code of racing; (c) a decision of the all-codes board for which there is a right of appeal to the disciplinary board or a right of review by the tribunal; (d) a decision mentioned in section 149S(2). ‘(3) The all-codes board must comply with a direction given under subsection (1). ‘(4) The all-codes board— (a) must include in its annual report, prepared under the Financial Accountability Act 2009 , section 63, details of any direction given by the Minister under subsection (1) during the financial year to which the report relates; and (b) may include in the report a comment about the effect on the all-codes board’s activities of complying with the direction. 2012 Act No. 42 Page 35

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘Division 10 Other matters ‘9BN Committees ‘(1) This section applies to a committee established by the all-codes board under section 34(2)(q). ‘(2) The all-codes board may decide on the membership and functions of the committee. ‘(3) Unless the all-codes board decides otherwise, the committee may conduct its proceedings, including its meetings, as it considers appropriate. ‘Part 1B Control boards ‘Division 1 Establishment, functions and powers ‘9BO Establishment of control boards ‘Each of the following (each a control board ) is established— (a) the Queensland Thoroughbred Racing Board; (b) the Queensland Harness Racing Board; (c) the Queensland Greyhound Racing Board. ‘9BP Control boards for particular codes of racing ‘(1) The Queensland Thoroughbred Racing Board is the control board for the thoroughbred code of racing. ‘(2) The Queensland Harness Racing Board is the control board for the harness code of racing. ‘(3) The Queensland Greyhound Racing Board is the control board for the greyhound code of racing. Page 36 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘9BQ Control board’s functions and powers ‘(1) A control board has the following functions— (a) to assist the all-codes board to manage the control board’s code of racing; (b) to do anything that the control board is asked to do by the all-codes board for the control board’s code of racing. ‘(2) A control board may do any of the following for the control board’s code of racing— (a) review, and make recommendations about, the all-codes board’s allocation of— (i) dates on which race meetings are to be held; or (ii) prize money; (b) make recommendations to the all-codes board to amend the code’s rules of racing; (c) consult with industry stakeholders; (d) with approval from the all-codes board— (i) distribute the amount allocated by the all-codes board to the control board as prize money for races; and (ii) develop strategic plans for the ongoing operation of the code; and (iii) prepare and implement plans and strategies for developing, promoting and marketing the commercial operations of the code; and (iv) encourage and facilitate the development of ancillary racing activities for the code; and (v) anything necessary or convenient for the powers under this subsection, or for performing the control board’s functions under subsection (1). 2012 Act No. 42 Page 37

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘9BR Authentication of documents ‘A document made by a control board is sufficiently made if it is signed by the board’s chairperson or another person authorised by the board. ‘9BS Delegation by control board ‘A control board may delegate any of its powers to an appropriately qualified person approved by the all-codes board. ‘Division 2 Members of control board ‘9BT Members ‘A control board is to consist of 3 members appointed by the Governor in Council. ‘9BU Eligibility of members ‘(1) A person is eligible for appointment as a member of a control board if the person— (a) is an eligible individual; and (b) is suitable to be appointed to the control board; and (c) has skills and experience in 1 or more of the following— (i) business or financial management; (ii) law; (iii) leadership; (iv) marketing; (v) the control board’s code of racing. ‘(2) For subsection (1)(b), in making a decision about the person’s suitability, the Governor in Council must have regard to each of the following— Page 38 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (a) the person’s character or business reputation; (b) the person’s current financial position and financial background; (c) the person’s background. ‘9BV Term of office ‘(1) At the end of the initial term for a control board, 2 of the original control board’s members must stand down from the control board. ‘(2) The year after the end of the initial term, the remaining member of the control board must stand down. ‘(3) A member of a control board appointed after the initial term serves a term of 3 years. ‘(4) A person must not be appointed for more than 2 consecutive terms. ‘(5) In this section— initial term , for a control board, means 3 years after the day the control board is established. ‘9BW Vacancy in member’s office ‘(1) The office of a member of a control board becomes vacant if the member— (a) resigns by signed notice given to the Minister; or (b) ceases to be an eligible individual; or (c) both— (i) the member is absent, without reasonable cause, from 3 consecutive meetings of the control board after being given notice of the meetings; and (ii) is not, within 6 weeks after the last meeting, excused by the control board for the absence; or 2012 Act No. 42 Page 39

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (d) is removed by the Governor in Council under subsection (2). ‘(2) The Governor in Council may remove a member of a control board for any reason or none. ‘(3) If a member of a control board resigns, the control board must give notice about the resignation to the Minister and the chief executive officer of the all-codes board under subsection (4). (4) The notice mentioned in subsection (3) must— (a) be in the approved form; and (b) be given within 14 days after the resignation of the person as a member of a control board; and (c) if, at the time of the resignation, the member was no longer an eligible individual, include the reason the member of the control board was no longer an eligible individual. ‘9BX Chairperson and deputy chairperson ‘(1) The Governor in Council must appoint 1 member of each control board to be the chairperson for the control board. ‘(2) The Governor in Council must appoint 1 member of each control board to be the deputy chairperson for the control board. ‘(3) A person may be appointed as the chairperson or deputy chairperson of a control board at the same time as the person is appointed as a member of the control board or at another time. ‘9BY Vacancy in chairperson’s or deputy chairperson’s office ‘(1) The office of chairperson or deputy chairperson of a control board becomes vacant if the chairperson or deputy chairperson— (a) ceases to be a member of the control board; or Page 40 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (b) resigns office as chairperson or deputy chairperson by signed notice given to the Minister; or (c) is removed by the Governor in Council under subsection (2). ‘(2) The Governor in Council may remove a member of the control board from the office of chairperson or deputy chairperson of a control board for any reason or none. ‘9BZ Casual vacancy ‘(1) If the office of a member, chairperson or deputy chairperson of a control board becomes vacant before the end of the member’s, chairperson’s or deputy chairperson’s term, the Governor in Council may appoint a person who is eligible to be appointed under section 9BU or 9BX to the control board or the office of chairperson or deputy chairperson. ‘(2) A person appointed under subsection (1)— (a) completes the rest of the term of appointment of the member, chairperson or deputy chairperson that the person is replacing; and (b) is eligible to be reappointed only for 1 additional term at the end of the term stated in paragraph (a). ‘9CA Effect of vacancy in membership of control board ‘Despite section 9BT or 9BX(1) or (2), the performance of a function, or exercise of a power, by a control board is not affected merely because of a vacancy in the office of a member, the chairperson or the deputy chairperson of the control board. ‘9CB Remuneration and other conditions of appointment ‘(1) A member of a control board is to be paid the remuneration decided by the Governor in Council. 2012 Act No. 42 Page 41

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘(2) A member of a control board holds office on the terms and conditions, not provided for by this Act, that are decided by the Governor in Council. ‘Division 3 Control board business and meetings ‘9CC Conduct of business ‘Subject to this Act, a control board may conduct its business, including its meetings, in the way it considers appropriate. ‘9CD Time and place of meetings ‘(1) A control board may hold its meetings when and where the chairperson of the control board decides. ‘(2) However, the chairperson of the control board must call a meeting if asked in writing by at least 2 members of the control board. ‘9CE Quorum ‘A quorum for a meeting of a control board is 2 members of the control board. ‘9CF Presiding at meetings ‘(1) The chairperson of the control board presides at all meetings of the board at which the chairperson is present. ‘(2) If the chairperson of the control board is not present at a meeting, the deputy chairperson of the control board presides. ‘9CG Conduct of meetings ‘(1) A control board may conduct its meetings by using any technology allowing reasonably contemporaneous and Page 42 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] continuous communication between persons taking part in the proceedings. ‘(2) A member of a control board who takes part in a meeting of the control board under subsection (1) is taken to be present at the meeting. ‘(3) A question at a meeting of a control board is to be decided by a majority of the votes of the members present at the meeting. ‘(4) If the votes are equal, the chairperson of the control board has the casting vote. ‘(5) A resolution is a valid resolution of a control board, even though it is not passed at a meeting of the board, if— (a) at least half of the members of the control board give written agreement to the resolution; and (b) notice of the resolution is given in accordance with procedures approved by the control board. ‘9CH Minutes and other records ‘(1) A control board must keep— (a) minutes of its meetings; and (b) a record of any of its decisions and resolutions. ‘(2) A control board must give a copy of the minutes to the chief executive officer of the all-codes board. ‘Division 4 Information to be collected about potential member of control board ‘9CI Chief executive to gather information about candidate ‘(1) Before a person (a candidate ) may be appointed as a member of a control board, the candidate must sign a consent form that gives the candidate’s consent to the following— (a) the collection of personal information about the candidate by or for the chief executive; 2012 Act No. 42 Page 43

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (b) the collection of background information by or for the chief executive; (c) a criminal history check. ‘(2) The chief executive may, by notice given to the candidate, require the candidate to give the chief executive further information or a document relating to the candidate within a reasonable time stated in the notice. ‘9CJ Obtaining criminal history of candidate ‘(1) The chief executive may ask the police commissioner for the following— (a) a written report on the candidate’s criminal history; and (b) a brief description of the circumstances of a conviction mentioned in the candidate’s criminal history. ‘(2) After receiving the request, the police commissioner must give the report on the candidate’s criminal history to the chief executive. ‘(3) However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access. ‘Division 5 Duties of members of control boards ‘9CK Duty to act honestly and exercise due care and diligence ‘(1) A member of a control board must act honestly, and must exercise a reasonable degree of care and diligence, when performing the member’s functions and exercising the member’s powers. ‘(2) A current or former member of a control board must not make improper use of information acquired because of the member’s position as a member— Page 44 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] (a) to gain, directly or indirectly, an advantage for the member or for any other person; or (b) to cause detriment to the control board or to the control board’s code of racing. ‘(3) A member of a control board must not make improper use of the member’s position as a member— (a) to gain, directly or indirectly, an advantage for the member or for any other person; or (b) to cause detriment to the control board or to the control board’s code of racing. ‘(4) This section— (a) has effect in addition to, and not in derogation of, any law relating to the civil or criminal liability of a member of the control board; and (b) does not prevent the starting of a civil or criminal proceeding in respect of civil or criminal liability. ‘9CL Member must disclose interest ‘(1) This section applies if— (a) a member (the interested member ) of a control board has a direct or indirect pecuniary or other interest in a matter being considered or about to be considered at a meeting of the control board; and (b) the interest appears to raise a conflict with the proper performance of the member’s duties in relation to the consideration of the matter. ‘(2) The interested member must, as soon as possible after the relevant facts have come to the interested member’s knowledge, disclose the nature of the interest at a meeting of the control board. ‘(3) Particulars of any disclosure made under this section must be recorded by the control board in a register of interests kept for the purpose. 2012 Act No. 42 Page 45

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘(4) Unless the control board otherwise directs, the interested member must not— (a) be present during any deliberation of the control board about the matter; or (b) take part in any decision of the control board about the matter. ‘(5) For the giving of a direction by the control board under subsection (4), the interested member must not— (a) be present during any deliberation of the control board for the purpose of deciding whether to give the direction; or (b) take part in the decision about giving the direction by the control board. ‘(6) A contravention of this section does not invalidate any decision of the control board. ‘(7) However, if the control board becomes aware a member of the control board contravened this section, the control board must— (a) disclose the contravention to the chief executive officer of the all-codes board; and (b) reconsider any decision made by the control board in which the member took part in contravention of this section. ‘(8) A reference to an interest or a conflict of interest is a reference to a matter within its ordinary meaning under the general law, and, in relation to an interest, the definition in the ActsInterpretation Act 1954 , section 36 does not apply. ‘9CM Disclosure of interest in licensed animal by member of a control board ‘(1) This section applies if a member of a control board is or becomes an owner of a licensed animal, whether or not the member derives a financial benefit from the ownership interest. Page 46 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘(2) The member must disclose the following information to a meeting of the members of the control board and to the chief executive officer of the all-codes board— (a) the number of licensed animals in which the member has an ownership interest and the name by which each animal is known; (b) the code of racing for which each animal is licensed; (c) the percentage of the member’s ownership interest in each animal. Maximum penalty—40 penalty units. ‘(3) The all-codes board must make information disclosed under subsection (2) available to any person on request. ‘(4) However, subsection (3) does not apply if the member who disclosed the information is no longer a member of the control board. ‘(5) The all-codes board may charge a fee for making information available under subsection (3). ‘(6) A fee charged by the all-codes board for making information available under subsection (3) must not be more than the reasonable cost to the all-codes board of making the information available. ‘(7) Despite subsection (5), the all-codes board may not charge a fee for making information available to the Minister or chief executive. ‘Division 6 Immunity for members of control board ‘9CN Protection from liability ‘(1) A member of a control board does not incur civil liability for an act done, or omission made, honestly and without negligence under this Act. 2012 Act No. 42 Page 47

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 11] ‘(2) If subsection (1) prevents a civil liability attaching to a member of a control board, the liability attaches instead to the all-codes board. ‘Division 7 Ministerial direction to control board ‘9CO Ministerial direction to control board about its functions or powers ‘(1) The Minister may give a control board a written direction about the performance of its functions or the exercise of its powers if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction. ‘(2) However, the Minister may not give a control board a direction about the following— (a) a recommendation to be given to the all-codes board regarding the allocation of race days to hold race meetings; (b) the prize money for races held for the control board’s code of racing. ‘(3) The control board must comply with a direction given under subsection (1). ‘Division 8 Investigating a control board ‘9CP Investigation into suitability of a control board ‘The chief executive may investigate a control board to find out whether it is suitable to continue to carry out its functions. ‘Part 2 Page 48 Approved control bodies’. 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 12] 12 Renumbering of ch 2, pt 2, divs 2 to 7 Chapter 2, part 2, as inserted, divisions 2 to 7— renumber as divisions 1 to 6. 13 Amendment of s 11 (Approval application to be accompanied by specific matters) (1) Section 11(1)(d)— omit, insert— ‘(d) a consent form signed by each person who the approval applicant considers is a business associate or executive associate of the approval applicant that gives the associate’s consent to the following— (i) the collection of personal information about the associate by or for the chief executive; (ii) the collection of background information by or for the chief executive; (iii) a criminal history check;’. (2) Section 11(2)(h)— omit. (3) Section 11(4), from ‘approved,’— omit, insert— ‘approved— (a) capable of implementation by the approval applicant within 18 months after the Minister’s approval of the application; or (b) if the approval applicant believes the proposals for the policies and the procedures are not capable of implementation within the 18 months—the plans mentioned in subsection (1)(f) must include an estimate of when the policies and the procedures would be capable of implementation by the approval applicant.’. 2012 Act No. 42 Page 49

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 14] 14 Amendment of s 16 (Application of div 4) Section 16, heading, ‘div 4’— omit, insert — ‘ div 3 ’. 15 Replacement of s 22 (Chief executive must request fingerprints of business associates and executive associates of the approval applicant) Section 22— omit, insert— ‘22 Request to obtain criminal history of business associates and executive associates of approval applicant ‘(1) This section applies if— (a) a business associate or executive associate of an approval applicant is an individual; and (b) the associate’s consent for the chief executive to obtain the associate’s criminal history did not accompany the approval application. ‘(2) The chief executive must, by notice to the approval applicant, ask the applicant for the written consent of the business associate or executive associate for the chief executive to obtain the associate’s criminal history. ‘(3) If the business associate or executive associate does not consent, or withdraws his or her consent, the application is taken to have been withdrawn.’. 16 Amendment of s 23 (Obtaining the criminal history of an individual) (1) Section 23(1)— omit, insert— ‘(1) If the chief executive has the written consent of an approval applicant’s business associate or executive associate who is an Page 50 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 17] individual to obtain the individual’s criminal history, the chief executive may ask the police commissioner for the following— (a) a written report on the individual’s criminal history; (b) a brief description of the circumstances of a conviction mentioned in the individual’s criminal history.’. (2) Section 23(3)— omit, insert— ‘(3) However, the duty imposed on the police commissioner applies only to information in the commissioner's possession or to which the commissioner has access.’. 17 Omission of s 32 (Destruction of fingerprints) Section 32— omit. 18 Insertion of new ch 2, pt 2, div 7 and div 8, hdg Chapter 2, part 2, as inserted and renumbered— insert — ‘Division 7 Requirements for approved control body after approval ‘32 Approved control body to report to chief executive on status as eligible corporation in previous financial year ‘(1) Within 14 days after each anniversary day for an approved control body, the approved control body must give the chief executive a notice about whether the approved control body has been an eligible corporation for the year before the anniversary day and is, on that anniversary day, an eligible corporation. ‘(2) A notice under subsection (1) must be in the approved form. ‘(3) In this section— 2012 Act No. 42 Page 51

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 19] anniversary day , for an approved control body, means each day that is the anniversary of the day on which the approved control body’s approval took effect. ‘Division 8 Disciplinary action against approved control bodies’. 19 Amendment of s 33 (Function of control body) Section 33(2)— omit. 20 Amendment of s 34 (Powers of control body for its code of racing) (1) Section 34, before section 34(1)— insert — ‘(1A) A control body has— (a) the powers necessary for performing its function; and (b) all other powers necessary for discharging the obligations imposed on the control body under this Act.’. (2) Section 34(1), ‘A control body’— omit, insert — ‘Without limiting subsection (1), a control body’. (3) Section 34(1)— insert — ‘(aa) allocate dates on which race meetings are held under section 38; (ea) conduct research and investigations into all aspects of the breeding of animals and racing of licensed animals;’. (4) Section 34(1)(g), ‘make decisions about,’— Page 52 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 20] omit, insert — ‘investigate, make decisions about’. (5) Section 34(1)— insert — ‘(ga) supervise— (i) the construction of a new racing venue; or (ii) alterations or renovations to an existing racing venue; (gb) examine a licensed club’s constitution to determine if it complies with this Act and the relevant rules of racing; (gc) publish material to inform the public, whether in Queensland or elsewhere; (gd) prepare, on its own motion or when directed by the Minister, reports and recommendations; (ge) order the audit of the books and accounts of a licensed club by a registered company auditor under the Corporations Act;’. (6) Section 34(1)(i), ‘section 113E(1)’— omit, insert — ‘section 113AF(1)’. (7) Section 34(1)(j)— omit, insert — ‘(j) establish a committee or another entity that— (i) assists the control body to perform its functions; or (ii) provides advice to the control body about performing its functions, and performs administrative functions, for non-TABQ races.’. (8) Section 34(1)(a) to (j)— renumber as section 34(1)(a) to (q) . (9) Section 34(1A) to (5)— 2012 Act No. 42 Page 53

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 62] (i) the racing bookmaker; (ii) each control body. ‘248H Cancellation ‘(1) This section applies if, after considering the accepted representations for the show cause notice, the Minister— (a) still believes— (i) a ground exists to cancel the offcourse approval; and (ii) the act, omission or other thing constituting the ground is of a serious and fundamental nature; and (iii) the public interest may be affected in an adverse and material way; and (b) believes cancellation of the offcourse approval is warranted. ‘(2) This section also applies if there are no accepted representations for the show cause notice. ‘(3) The Minister may cancel the offcourse approval. ‘(4) The Minister must immediately give the racing bookmaker a notice about the decision. ‘(5) The notice must include— (a) a direction to the racing bookmaker to return the offcourse approval to the Minister within 14 days after the cancellation; and (b) a warning to the racing bookmaker that it is an offence to fail to comply with the direction unless the racing bookmaker has a reasonable excuse. ‘248I Return of cancelled offcourse approval ‘(1) A person must comply with a direction to the person under section 248H(5)(a) unless the person has a reasonable excuse. Page 116 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 62] Maximum penalty—40 penalty units. ‘(2) If the person is unable to comply with subsection (1) because the person’s offcourse approval has been lost or destroyed, the person must, within 14 days after the cancellation, give the Minister a statutory declaration stating details of the loss or destruction. Maximum penalty—40 penalty units. ‘(3) A person does not commit an offence against subsection (1) if the person is not given a warning that it is an offence to fail to comply with the direction unless the person has a reasonable excuse. ‘248J Automatic cancellation or suspension of offcourse approval ‘(1) Subsection (2) applies if— (a) a person’s eligibility certificate or racing bookmaker’s licence is cancelled; and (b) the person is the holder of an offcourse approval. ‘(2) On the cancellation of the eligibility certificate or licence, the offcourse approval is cancelled. ‘(3) Subsection (4) applies if— (a) a person’s eligibility certificate or racing bookmaker’s licence is suspended; and (b) the person is the holder of an offcourse approval. ‘(4) On the suspension of the eligibility certificate or licence, the offcourse approval is suspended. ‘248K Censuring racing bookmaker ‘(1) This section applies if the Minister believes— (a) a ground exists to cancel the offcourse approval; but (b) the giving of a show cause notice is not warranted. 2012 Act No. 42 Page 117

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 62] ‘(2) The Minister may censure the racing bookmaker for a matter relating to the ground for cancellation. ‘(3) The censure may be effected only by the Minister giving the racing bookmaker an information notice about the decision to censure the racing bookmaker. ‘248L Notice to control bodies of decisions ‘(1) This section applies if the Minister decides to— (a) cancel an offcourse approval under section 248H; or (b) censure the racing bookmaker under section 248K. ‘(2) The Minister must give each control body notice of the decision. ‘Division 3 Immediate suspension of offcourse approval ‘248M Immediate suspension of offcourse approval ‘ (1) The Minister may suspend immediately an offcourse approval of a racing bookmaker if the Minister believes— (a) a ground exists to cancel the offcourse approval; and (b) the circumstances are so extraordinary that it is imperative to suspend the offcourse approval immediately to ensure the public interest in a code of racing is not adversely affected. ‘(2) The suspension— (a) can be effected only by the Minister giving the racing bookmaker an information notice about the decision to suspend the offcourse approval, together with a show cause notice; and (b) operates immediately the information notice is given to the racing bookmaker; and Page 118 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 63] (c) continues to operate until the show cause notice is finally dealt with.’. 63 Amendment of s 249 (When a racing bookmaker may make a bet with a person who is not present at a licensed venue) (1) Section 249(1)(a), ‘system for bookmaking by telephone’— omit, insert— ‘telecommunications system for bookmaking’. (2) Section 249(2)— omit, insert— ‘(2) A control body may approve a telecommunications system for bookmaking if— (a) the control body has the system assessed by an entity that is independent of the control body and approved by the Minister; and (b) the entity assessing the system gives the control body a report stating that the system is of a standard that will ensure the integrity of bets made and protect the money and privacy of persons placing bets. ‘(3) The Minister may give a control body a written direction, if the Minister is satisfied it is in the best interests of the Queensland racing industry to give the direction— (a) to have a telecommunications system approved by the control body independently audited; and (b) to give the Minister the results of the audit. ‘(4) The control body must comply with a direction given under subsection (3).’. 64 Amendment of s 254 (Payment and settlement of bets) (1) Section 254(1), ‘This section’— omit, insert— 2012 Act No. 42 Page 119

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 65] ‘Subsection (2)’. (2) Section 254(3)— renumber as section 254(5). (3) Section 254— insert— ‘(3) Subsection (4) applies to the payment and settlement of a bet that was lawfully made by and with a racing bookmaker who holds an offcourse approval if a telecommunications system was used to make the bet. ‘(4) The offcourse approval may state a place for the payment and settlement of the bet.’. 65 Amendment of s 255 (Bookmaking on certain declared sporting contingencies) (1) Section 255(1), from ‘for which’— omit, insert— ‘for which— (a) racing bookmakers licensed by the control body may carry on bookmaking at a licensed venue, at a time when a race meeting is being held at the venue under the control of the control body; and (b) racing bookmakers licensed by the control body who hold an offcourse approval may carry on bookmaking at an approved place for the offcourse approval and at the times approved by the Minister.’. (2) Section 255(4)(b)— omit, insert— ‘(b) either— (i) the bookmaking is carried on— (A) at a licensed venue licensed by that control body; and Page 120 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 66] (B) at a time when a race meeting is being held at the venue, under the control of the control body; or (ii) if the racing bookmaker holds an offcourse approval, the bookmaking is carried on at an approved place for the offcourse approval and at the times approved by the Minister.’. 66 Amendment of s 256 (Racing bookmaker’s agent during certain periods) Section 256— insert— ‘(7) Subsection (8) applies if— (a) the racing bookmaker holds an offcourse approval; and (b) the control body authorises a person to act as the racing bookmaker’s agent under this section. ‘(8) Despite subsection (5), the person authorised as the racing bookmaker’s agent may carry on bookmaking as the racing bookmaker at— (a) an approved place for the offcourse approval; or (b) another place approved by the Minister.’. 67 Amendment of s 270 (Power of entry) Section 270(3), definition place of business , paragraph (b), ‘licence;’— omit, insert— ‘licence, including a place that is an approved place for an offcourse approval held by a racing bookmaker;’. 68 Amendment of s 310 (Definitions for div 1) (1) Section 310, definition background document , paragraph (c), ‘chief executive, gaming executive or a control body’— 2012 Act No. 42 Page 121

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 69] omit, insert— ‘gaming executive’. (2) Section 310, definition background document , paragraph (d)— renumber as paragraph (e) . (3) Section 310, definition background document — insert— ‘(d) a document— (i) given by a person for consideration for appointment as an executive officer of the all-codes board or a member of a control board; and (ii) relating to the person’s business reputation, character, criminal history, current financial position or financial background; or’. 69 Replacement of s 311 (Protection for persons about whom confidential information or background documents obtained) Section 311— omit, insert — ‘311 Offence to disclose confidential information or copy background document ‘(1) This section applies to a person who— (a) is or has been engaged in the administration of this Act; or (b) has obtained access to confidential information or a background document about someone else, whether directly or indirectly, from a person mentioned in paragraph (a). ‘(2) The person must not, without reasonable excuse— (a) disclose confidential information to anyone else; or Page 122 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 70] (b) copy a background document about someone else acquired by the person; or (c) give access to a background document about someone else. Maximum penalty—100 penalty units. ‘(3) It is a reasonable excuse if— (a) the person has the written consent of the person to whom the information or background document relates or someone else authorised by the person; or (b) the disclosure is authorised under this Act or another Act; or (c) the disclosure is in compliance with lawful process requiring production of documents or giving evidence before a court; or (d) the disclosure was of a statistical nature that could not reasonably be expected to result in the identification of the person to whom the information relates.’. 70 Amendment of s 351 (Matters must be considered appropriate on grounds that are reasonable in the circumstances) Section 351(1)(c)— omit, insert— ‘(c) the disciplinary board; (d) a constituted board; (e) the tribunal; (f) the appeal tribunal.’. 71 Amendment of s 352A (Integrity of analysis of thing) Section 352A(1)(b) to (d)— omit, insert— 2012 Act No. 42 Page 123

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 72] ‘(b) a decision of a constituted board on an accepted appeal against an appellable decision of a control body for which the control body relied on a relevant certificate about the results of the analysis of a thing; (c) a decision of the tribunal on an appeal against a decision of a constituted board mentioned in paragraph (b); (d) a decision of the tribunal on an appeal against a decision of a control body for which the control body relied on a relevant certificate about the results of the analysis of a thing.’. 72 Amendment of s 355 (Regulation-making power) Section 355(2)(d), ‘129 and 207’— omit, insert— ‘129, 149U(1)(a), 149ZN, 207 and 243(2)(g)’. 73 Insertion of new ch 10, pt 7 Chapter 10— insert— ‘Part 7 Transitional provisions for Racing and Other Legislation Amendment Act 2012 ‘Division 1 Preliminary ‘445 Definitions for pt 7 ‘In this part— amending Act means the Racing and Other Legislation Amendment Act 2012 . commencement means the commencement of the provision in which the term is used. Page 124 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 73] control body means a control body under the unamended Act. former , in relation to a provision, means as in force immediately before the repeal or amendment of the provision by the amending Act. former control body means Racing Queensland Limited ACN 142 786 874. unamended Act means this Act as in force before the commencement. ‘Division 2 Provisions relating to former control body ‘446 Cancellation of approval held by former control body ‘The approval held by the former control body is cancelled at midnight on the day before the commencement. ‘447 Assets and liabilities etc. ‘(1) On the commencement— (a) anything that was an asset or liability of the former control body immediately before the commencement becomes an asset or liability of the all-codes board; and (b) an agreement or arrangement in force immediately before the commencement between the former control body and another entity is taken to be an agreement or arrangement between the all-codes board and the other entity; and (c) any property that was, immediately before the commencement, held by the former control body on trust or subject to conditions continues to be held by the all-codes board on the same trust or subject to the same conditions. ‘(2) The registrar of titles or other person responsible for keeping a register for dealings in property must, if asked by the all-codes 2012 Act No. 42 Page 125

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 73] board, record the vesting of property under this section in the all-codes board. ‘448 Displacement provision for Corporations legislation ‘Section 447 is declared to be a Corporations legislation displacement provision for the Corporations Act, section 5G. ‘449 Employees of former control bodies ‘(1) This section applies to a person who, immediately before the commencement, was an employee of the former control body. ‘(2) On the commencement— (a) the person becomes an employee of the all-codes board on the same terms and conditions of employment as applied to the person immediately before the commencement; and (b) the person remains entitled to all rights of employment existing or accruing immediately before the commencement, including recognition of the person’s length of service with the former control body and outstanding leave entitlements accrued up to the commencement. ‘450 Continuity of employment ‘(1) This section applies to the transfer of an employee of the former control body to the all-codes board under section 449. ‘(2) The transfer does not— (a) interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once for the same period of service; or (b) constitute a termination of employment by the former control body or a retrenchment or redundancy; or Page 126 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 73] (c) entitle the employee to a payment or other benefit because he or she is no longer employed by the former control body; or (d) require the former control body to make any payment for the employee’s accrued rights to recreation, sick, long service or other leave irrespective of any arrangement between the former control body and the employee. ‘(3) The transfer has effect despite any other law, contract or other instrument. ‘451 Proceedings ‘(1) A proceeding that could have been started by or against the former control body before the commencement may be started by or against the all-codes board. ‘(2) From the commencement, an existing proceeding may be continued and finished by or against the all-codes board. ‘(3) In this section— existing proceeding means a proceeding that— (a) was taken by or against one of the following before the commencement— (i) the former control body; (ii) a person who was a member of the former control body, in the person’s capacity as a member; and (b) has not been finished before the commencement. ‘452 Things done by former control body ‘(1) Anything done by the former control body under this Act— (a) continues to have effect; and (b) on the commencement, is taken to have been done by the all-codes board. ‘(2) Without limiting subsection (1)— 2012 Act No. 42 Page 127

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 73] (a) a policy of the former control body in effect immediately before the commencement continues as if it were a policy of the all-codes board; and (b) rules of racing made by the former control body and in force immediately before the commencement continue as if they were rules of racing made by the all-codes board; and (c) a licence issued or taken to be issued by the former control body before the commencement and in force immediately before the commencement continues as if it had been issued by the all-codes board; and (d) a racing calendar prepared by the former control body for a period ending after the commencement continues as if it had been prepared by the all-codes board. ‘453 Rights and obligations of former control body under this Act ‘Without limiting any other provision in this part, a right or obligation of the former control body under this Act immediately before the commencement becomes a right or obligation of the all-codes board. ‘454 Application of audit regime to all-codes board ‘From the commencement, a program approved by the Minister under section 46(3) for 2012 applies to the all-codes board to the extent it is stated to apply to a former control body. ‘455 Net UNiTAB product fee paid before commencement ‘(1) This section applies to an amount of the former control body’s net UNiTAB product fee paid, before the commencement, by the former control body under former section 60B, in the year in which the commencement falls. Page 128 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 73] ‘(2) On the commencement, the amount is taken to have been paid by the all-codes board under section 9AG. ‘456 Appeals ‘(1) Subsection (2) applies to an appeal committee established by the former control body and in existence immediately before the commencement. ‘(2) From the commencement, the appeal committee— (a) continues in existence only for the purpose of dealing with an appeal under consideration immediately before the commencement; and (b) must deal with the appeal under the former control body’s rules of racing in existence before the commencement. ‘(3) Subsection (4) applies to an appeal started after the commencement against a reviewable decision, within the meaning of former section 95, made before the commencement. ‘(4) The appeal may be dealt with by the disciplinary board. ‘(5) For subsection (4), the steward’s decision appealed against is taken to be a decision made by the steward for the all-codes board. ‘(6) This section does not limit section 452(1). ‘457 Continuation of action started against licensed club under ch 3, pt 4 ‘(1) This section applies if, before the commencement, the former control body— (a) gave a licensed club a show cause notice under chapter 3, part 4; and (b) had not decided whether to take action under the part in relation to the club. ‘(2) Chapter 3, part 4 continues to apply from the commencement 2012 Act No. 42 Page 129

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 73] in relation to the show cause notice as if the notice had been given by the all-codes board. ‘(3) This section does not limit section 452(1). ‘458 Existing legal relationships not affected ‘Nothing done under this part in relation to the former control body— (a) places the all-codes board in breach of a contract, trust or confidence or otherwise makes the all-codes board guilty of a civil wrong; or (b) makes the all-codes board in breach of any instrument, including an instrument prohibiting, restricting or regulating the assignment, transfer or assumption of a right or liability; or (c) is taken to fulfil a condition or otherwise constitute an event— (i) allowing a person to terminate an instrument or be released, wholly or partly, from an obligation or modify the operation or effect of an instrument or obligation; or (ii) requiring money to be paid, or anything else to be done, before its stated maturity; or (d) releases a surety or other obligee, wholly or partly, from an obligation. ‘459 No compensation payable ‘No compensation is payable to any person, including the former control body, or a member or director of the former control body, for— (a) the cancellation of an approval or the vesting or divesting of assets or liabilities or rights or obligations under this part; or (b) anything else done under this part. Page 130 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 73] ‘460 References to control body or former control body ‘In an Act or document, a reference to a control body or the former control body may, if the context permits, be taken as a reference to the all-codes board. ‘Division 3 Other provisions ‘461 Destruction of fingerprints ‘(1) Subsection (2) applies if— (a) before the commencement, the chief executive obtained the fingerprints of any individual who is an approval applicant’s business associate or executive associate; and (b) after the commencement, the Minister— (i) refuses to grant the approval application; or (ii) grants the approval but the approval is later cancelled. ‘(2) The chief executive must destroy the fingerprints. ‘(3) Former section 32(2) continues to apply from the commencement to the chief executive in relation to an individual who was a business associate or executive associate of a control body as if former section 32 had not been repealed by the amending Act. ‘462 Continued protection for persons about whom background documents obtained ‘Section 311 applies from the commencement as if section 310, definition background document included a reference to the fingerprints of a person obtained by the chief executive or a control body.’. 2012 Act No. 42 Page 131

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 74] 74 Amendment of sch 3 (Dictionary) (1) Schedule 3, definitions accepted representations , appeal committee , appropriately qualified , board chairperson , commencement , control body , control body associate , electoral commissioner , eligible individual , executive officer , former control body , Ministerial direction , show cause notice , show cause period and thoroughbred control body — omit. (2) Schedule 3— insert— ‘ accepted appeal see section 149W. accepted representations — (a) for chapter 2, see section 32H(2); or (b) for chapter 3, see section 103(2); or (c) for chapter 4, part 3, see section 137(2); or (d) for chapter 6, part 3, see section 233; or (e) for chapter 6, part 3A, see section 248F. accepted undertaking , for an offcourse approval, see section 248A. aggrieved person , for an appellable decision, see section 149T. all-codes board means the Queensland All Codes Racing Industry Board established under section 9AA. appeal chairperson , of the constituted board, see section 149O(4)(b). appellable decision , of a control body, see section 149S. appropriately qualified , to perform a function or exercise a power, includes having the qualifications, experience or standing appropriate to perform the function or exercise the power. Page 132 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 74] Example of standing — the level at which a person is employed by an entity approved control body means a corporation given a Minister’s approval. approved place , for an offcourse approval, see section 243(2)(a). board chairperson means the chairperson of the integrity board. board code of racing see section 9AB. candidate — (a) for chapter 2, part 1A, division 6, see section 9BG; or (b) for chapter 2, part 1B, division 4, see section 9CI. chairperson , of the disciplinary board, means the chairperson appointed under section 149D. commissioner means the Racing Integrity Commissioner. condition , of an offcourse approval, see section 248. constituted board , for an accepted appeal, see section 149R. control board see section 9BO. control body means— (a) the all-codes board; or (b) an approved control body. control body associate means— (a) for an approved control body—a business associate or executive associate of the control body; or (b) for the all-codes board— (i) a person who the chief executive reasonably believes is associated with the operations of the all-codes board; or 2012 Act No. 42 Page 133

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 74] (ii) a person who the chief executive reasonably believes is associated with the operations of a control board. deal with , for chapter 3, part 5, division 4, see section 111. decision , of a control body, includes a decision of a steward for the control body. deputy chairperson , of the disciplinary board, means the deputy chairperson appointed under section 149D. disciplinary board means the Racing Disciplinary Board established under section 149A. executive officer means— (a) of a corporation—a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director of the corporation or the person’s position is given the name of executive officer; or Note — This definition also applies to references to an executive officer of a particular corporation, including, for example, an approved control body. (b) of the all-codes board—a person who is concerned with, or takes part in, the all-codes board’s management, whether or not the person is a member of the all-codes board. Example — The all-codes board’s chief executive officer is an executive officer for the body. expert , for chapter 4A, part 2, see section 149ZP(1). mandatory condition , of an offcourse approval, see section 248(2). member , of the disciplinary board, see section 149C. Ministerial direction means a direction given by the Minister to— Page 134 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 3 Amendment of Racing Act 2002 [s 74] (a) the all-codes board under section 9BM; or (b) to a control board under section 9CO; or (c) to an approved control body under section 32C. notice of appeal , for chapter 4A, part 2, see section 149U(1). offcourse approval see section 243. party , to an accepted appeal, see section 149X. police commissioner means commissioner of the police service. QCAT information notice means a notice complying with the QCAT Act, section 157(2) for the decision. Racing Integrity Commissioner means the person who, under section 113AL, holds office as the Racing Integrity Commissioner. referred appeal see section 150(1). registrar , of the disciplinary board, means the registrar appointed by the chief executive under section 149P. relevant control body , for an accepted appeal, see section 149O(3). show cause notice — (a) for chapter 2, see section 32G(1); or (b) for chapter 3, see section 102(1); or (c) for chapter 4, part 3, see section 136(1); or (d) for chapter 6, part 3, see section 231(2); or (e) for chapter 6, part 3A, see section 248D(1). show cause period — (a) for chapter 2, see section 32G(2)(g); or (b) for chapter 3, see section 102(2)(e); or (c) for chapter 4, part 3, see section 136(2)(f); or (d) for chapter 6, part 3, see section 231(2)(d); or 2012 Act No. 42 Page 135

Racing and Other Legislation Amendment Act 2012 Part 4 Amendment of Wagering Act 1998 [s 75] (e) for chapter 6, part 3A, see section 248D(2)(d). telecommunications system means a system or network consisting of an electronic device or other equipment for communicating at a distance, including, for example, a telephone system and a system that allows communication electronically by means of the internet, a cable television network or another on-line communications system.’. (3) Schedule 3, definition information notice , ‘of the Minister, chief executive, gaming executive, a control body, an appeal committee or the tribunal’— omit. (4) Schedule 3, definition national police certificate , ‘the commissioner of the police service’— omit, insert — ‘the police commissioner’. (5) Schedule 3, definition proposed action, paragraph (a), ‘section 53(2)(a)’— omit, insert — ‘section 32G(2)(a)’. 75 Other amendments The schedule amends the sections it mentions. Part 4 Amendment of Wagering Act 1998 76 Act amended This part amends the Wagering Act 1998. Page 136 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Part 4 Amendment of Wagering Act 1998 [s 77] 77 Amendment of s 169 (Application of wagering tax) Section 169(1)(b), ‘2014’— omit, insert— ‘2015’. 2012 Act No. 42 Page 137

Racing and Other Legislation Amendment Act 2012 Schedule Schedule Minor amendments of RacingAct 2002 section 75 1 Section 29(3)(b), ‘section 52(1)(d)’— omit, insert — ‘section 32F(1)(d)’. 2 Section 32G(1), as renumbered, ‘section 56(1)(a)’— omit, insert — ‘section 32J(1)(a)’. 3 Section 32L(1), as renumbered, ‘section 57(6)’— omit, insert — ‘section 32K(6)’. 4 Section 101(1)(b), editor’s note— omit , insert — ‘ Note — See section 108.’. 5 Section 113AB, as renumbered, definition betting exchange , ‘section 113B’— omit, insert — ‘section 113AC’. Page 138 2012 Act No. 42

Racing and Other Legislation Amendment Act 2012 Schedule 6 Section 113AB, as renumbered, definition document or information request , ‘section 113EA’— omit, insert — ‘section 113AG’. 7 Section 113AB, as renumbered, definition race information authority , ‘section 113E(1)’— omit, insert — ‘section 113AF(1)’. 8 Section 135(1)(a), editor’s note— omit , insert — ‘ Note — See section 132(3) for persons who must be named in an accreditation certificate.’. 9 Section 149(2)(c), ‘Drugs’— omit, insert — ‘Medicines’. 10 Section 200(2)(d), ‘section 34(1)(h)’— omit, insert — ‘section 34(2)(o)’. 11 Section 219(b), second mention— renumber as section 219(c). 12 Section 285(3)(c), editor’s note— omit , insert — 2012 Act No. 42 Page 139

Racing and Other Legislation Amendment Act 2012 Schedule ‘ Note — See division 5 for what happens if the sample or thing can not be returned to its owner.’. 13 Section 334(2), ‘section 113C’— omit, insert — ‘section 113AD’. 14 Section 352(1)(b), editor’s note— omit , insert — ‘ Note — See the Health (Drugs and Poisons) Regulation 1996 , sections 111(1) and 285(1) about records to be kept for controlled drugs and poisons respectively.’. 15 Schedule 3, definition drug , paragraph (a), ‘Drugs’— omit, insert — ‘Medicines’. 16 Schedule 3, definition staff , ‘a person’— omit, insert — ‘persons’. © State of Queensland 2012 Page 140 2012 Act No. 42