Racing Integrity Act 2016 (Qld)

Racing Integrity Act 2016

An Act to safeguard the welfare of animals, to ensure the integrity of persons involved in the racing industry and to manage matters relating to betting and sporting contingencies

Chapter 1    Preliminary

1   Short title

This Act may be cited as the Racing Integrity Act 2016.

2   Commencement

This Act commences on a day to be fixed by proclamation.

3   Main purposes of Act and their achievement

(1)The main purposes of this Act are—

(a)to maintain public confidence in the racing of animals in Queensland for which betting is lawful; and

(b)to ensure the integrity of all persons involved with racing or betting under this Act or the Racing Act; and

(c)to safeguard the welfare of all animals that are or have been involved in racing under this Act or the Racing Act.

(2)The purposes are to be achieved primarily by—

(a)establishing the Queensland Racing Integrity Commission; and

(b)regulating racing bookmakers by establishing a framework that provides for—

(i)licensing by the commission; and

(ii)the granting of offcourse approvals; and

(c)establishing the Racing Appeals Panel to review the decisions of stewards under the rules of racing; and

(d)authorising particular information relating to the decisions of stewards to be made available to the public.

4   Extraterritorial application of Act

(1)This Act applies both within and outside Queensland.

(2)This Act applies outside Queensland to the full extent of the extraterritorial legislative power of the Parliament.

5   Dictionary

The dictionary in schedule 1 defines particular words used in this Act.

6   Act binds State, Commonwealth and other States

(1)This Act binds the State and, as far as the legislative authority of the Parliament permits, the Commonwealth and the other States.

(2)However, an entity mentioned in subsection (1) can not be prosecuted for an offence against this Act.

Chapter 2    Queensland Racing Integrity Commission

Part 1    Establishment

7   Establishment and status

(1)The Queensland Racing Integrity Commission (the commission) is established.

(2)The commission consists of the commissioner, each deputy commissioner and the staff of the commission.

(3)The staff are to be employed under the Public Sector Act 2022.

(4)However, race day stewards are employed under this Act and not the Public Sector Act 2022.

8   Commission represents the State

(1)The commission represents the State.

(2)Without limiting subsection (1), the commission has the status, privileges and immunities of the State.

9   Application of other Acts

(1)The commission is—

(a)a unit of public administration under the Crime and Corruption Act 2001; and

(b)a statutory body under the Financial Accountability Act 2009 and the Statutory Bodies Financial Arrangements Act 1982.

(2)The Statutory Bodies Financial Arrangements Act 1982, part 2B explains how that Act affects the commission’s powers.

Part 2    Functions and powers

10   Functions

(1)The commission has the following functions—

(a)to license animals and participants that are suitable to be licensed for a code of racing;

(b)to assess under this Act the suitability of an applicant to be an approved control body;

(c)to conduct audits of licence holders to decide if the licence holders continue to be suitable to be licensed, on the commission’s own initiative or at the request of the Minister;

(d)to investigate complaints about matters relevant to a code of racing, on the commission’s own initiative or at the request of the Minister, including—

(i)complaints about the processes of a control body; and

(ii)complaints about a licence holder;

(e)to conduct investigations into breaches of this Act or the Racing Act;

(f)to oversee the integrity of race meetings, including matters preliminary to race meetings;

Examples of matters preliminary to race meetings——

jumpouts, trackwork sessions, trials

(g)to manage testing of things, including developing or adopting procedures about the way things for analysis are to be taken and dealt with;

(h)to keep records that provide for the identification and monitoring of animals;

Example—

records that show the ‘end-to-end tracking’ of an animal

(i)to safeguard the welfare of any animal involved, whether directly or indirectly and whether lawfully or unlawfully, in racing;

(j)to safeguard the welfare of any animal that—

(i)used to be involved in racing in Queensland or another jurisdiction; and

(ii)is in the possession of a person licensed under the thoroughbred or harness codes of racing;

(k)to make decisions about disciplinary matters;

(l)to prevent noncompliance and lapses in integrity, as far as practicable, in the racing industry;

(m)to promote compliance and integrity, and to promote animal welfare and prevent animal cruelty, by educating, providing information for, and working with, participants;

(n)to regularly review and assess compliance and the integrity of participants and practices in the racing industry, on the commission’s own initiative or at the request of the Minister;

(o)to work collaboratively with entities responsible for investigating and prosecuting offences, including—

(i)sharing information with the entities for crime prevention; and

(ii)in circumstances where the commission reasonably suspects an offence may have been committed;

(p)to identify opportunities for cooperative partnerships with entities to improve compliance and integrity in the racing industry;

(q)to report and make recommendations to the Minister about matters relevant to the performance of its functions and any other matters referred to it by the Minister;

(r)to make all necessary inquiries it believes necessary to fulfil a function mentioned in paragraphs (a) to (p);

(s)to perform a function incidental to a function mentioned in paragraphs (a) to (p);

(t)to perform a function given to it under another Act.

(2)In this section—

compliance includes compliance with this Act or the Racing Act.

processes, of a control body, includes policies, systems, actions and decisions made by the control body.

11   General restriction on functions

It is not a function of the commission to investigate—

(a)a matter that has already been decided by a court, a tribunal or the Racing Appeals Panel; or

(b)a matter the subject of an unfinished proceeding that has started in a court, a tribunal or the Racing Appeals Panel.

12   Powers

(1)The commission has all the powers of an individual and may, for example—

(a)enter into contracts or agreements; and

(b)acquire, hold, deal with, and dispose of, property; and

(c)appoint agents and attorneys; and

(d)engage consultants and researchers; and

(e)charge a fee for services and other facilities it supplies; and

(f)do anything else necessary or convenient to be done in performing its functions.

(2)Without limiting subsection (1), the commission has the powers given to it under this Act or another Act.

13   Ministerial directions

(1)The Minister may give the commission 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 commission a direction about any of the following—

(a)a decision of the commission that is an original decision;

(b)a decision of the commission made under the rules of racing for a code of racing;

(c)a decision mentioned in section 240(2);

(d)a matter for which the commission is conducting an audit or investigation.

(3)The commission must comply with a direction given under subsection (1).

(4)The commission—

(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 commission’s activities of complying with the direction.

Part 3    Racing Integrity Commissioner and Deputy Racing Integrity Commissioners

14   Racing Integrity Commissioner

(1)There is to be a Racing Integrity Commissioner (the commissioner).

(2)The Governor in Council is to appoint the commissioner.

(3)A person may be appointed as the commissioner for a term of not more than 3 years.

(4)The commissioner may be reappointed.

(5)The commissioner is to be paid the remuneration and allowances decided by the Governor in Council.

(6)Subject to this Act, a person holds office as the commissioner on the conditions decided by the Governor in Council.

(7)The commissioner must be appointed under this Act and not under the Public Sector Act 2022.

15   Deputy Racing Integrity Commissioners

(1)There is to be 1 or 2 Deputy Racing Integrity Commissioners (each a deputy commissioner).

(2)The Governor in Council is to appoint each deputy commissioner, including—

(a)a deputy commissioner who is to be called the 1st deputy commissioner; and

(b)if 2 deputy commissioners are to be appointed, a deputy commissioner who is to be called the 2nd deputy commissioner.

(3)A person may be appointed as a deputy commissioner for a term of not more than 3 years.

(4)A deputy commissioner may be reappointed.

(5)A deputy commissioner is to be paid the remuneration and allowances decided by the Governor in Council.

(6)Subject to this Act, a person holds office as a deputy commissioner on the conditions decided by the Governor in Council.

(7)A deputy commissioner must be appointed under this Act and not under the Public Sector Act 2022.

16   Persons eligible to be commissioner or deputy commissioner

A person is eligible to be the commissioner or a deputy commissioner if the person—

(a)is an eligible individual within the meaning of the Racing Act; and

(b)is not, and has not been in the previous 2 years, a member or employee of a control body; and

(c)is not, and has not been in the previous 2 years, an executive officer of a corporation that is an approved control body.

17   Functions of commissioner

(1)The main functions of the commissioner are—

(a)to ensure the effective and efficient administration and operation of the commission and the performance of its functions; and

(b)to manage the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022.

(2)The commissioner’s functions also include any other function given to the commissioner under this Act or another Act.

18   Functions of deputy commissioner

(1)The main functions of a deputy commissioner are—

(a)to assist the commissioner in ensuring the effective and efficient administration and operation of the commission and the performance of its functions; and

(b)to assist the commissioner in managing the staff of the commission in accordance with the requirements of this Act and the Public Sector Act 2022; and

(c)for the 1st deputy commissioner—to act in the office of the commissioner if the commissioner is absent or for any other reason is unable to perform the functions of the office; and

(d)for the 2nd deputy commissioner, if 2 deputy commissioners are appointed—to act in the office of the commissioner if the commissioner and 1st deputy commissioner are absent or for any other reason are unable to perform the functions of the office.

(2)A deputy commissioner’s functions also include any other function given to the deputy commissioner under this Act or another Act.

19   Powers of commissioner and deputy commissioner

(1)The commissioner and a deputy commissioner have the powers necessary for performing the commissioner’s or deputy commissioner’s functions.

(2)The commissioner and a deputy commissioner also have the other powers given to the commissioner and a deputy commissioner under this Act or another Act.

(3)The commissioner may exercise the powers of the commission, and any other powers given to the commissioner, under this Act or another Act.

20   Vacancy in office

(1)The office of the commissioner becomes vacant if the commissioner—

(a)ceases to be eligible to be the commissioner under section 16; or

(b)resigns under section 21; or

(c)is removed from office under section 22.

(2)The office of a deputy commissioner becomes vacant if the deputy commissioner—

(a)ceases to be eligible to be a deputy commissioner under section 16; or

(b)resigns under section 21; or

(c)is removed from office under section 22.

21   Resignation

(1)The commissioner or a deputy commissioner may resign the commissioner’s or deputy commissioner’s office by giving the Minister a signed letter of resignation.

(2)The resignation takes effect when the Minister receives the resignation or, if a later day is stated in the letter, the later day.

22   Removal or suspension

The Governor in Council may remove or suspend a person from office as the commissioner or as a deputy commissioner if the person—

(a)becomes incapable of performing the functions of the commissioner or deputy commissioner because of mental or physical incapacity; or

(b)has performed the duties of the commissioner or deputy commissioner carelessly, incompetently or inefficiently; or

(c)has engaged in dishonourable conduct; or

(d)has been found guilty of an offence the Governor in Council considers make the person inappropriate to perform the functions of the commissioner or deputy commissioner.

23   Acting commissioner

(1)This section applies if—

(a)there is a vacancy in the office of commissioner or the commissioner is absent or for any other reason is unable to perform the functions of the office; and

(b)there is not a deputy commissioner who is able to perform the functions of the commissioner’s office.

(2)The Minister may appoint a person to act as commissioner for a period of not more than 3 months.

(3)However, the Minister may extend the appointment for a further 3 months.

(4)A person appointed to act as commissioner—

(a)has all the functions and powers of the commissioner; and

(b)is taken to be the commissioner for all purposes relating to this Act.

24   Acting deputy commissioner

(1)This section applies if there is a vacancy in the office of a deputy commissioner or a deputy commissioner is absent or for any other reason is unable to perform the functions of the office.

(2)The Minister may appoint a person to act as a deputy commissioner for a period of not more than 3 months.

(3)However, the Minister may extend the appointment for a further 3 months.

(4)A person appointed to act as a deputy commissioner—

(a)has all the functions and powers of a deputy commissioner; and

(b)is taken to be a deputy commissioner for all purposes relating to this Act.

25   Preservation of rights of commissioner and deputy commissioner

(1)This section applies if a person who is a public service officer is appointed as the commissioner or as a deputy commissioner.

(2)The person keeps all rights accrued or accruing to the person as a public service officer as if service as the commissioner or as a deputy commissioner were a continuation of service as a public service officer.

(3)At the end of a person’s term of office or resignation as the commissioner or as a deputy commissioner, the person’s service as the commissioner or as a deputy commissioner is taken to be service of a like nature in the public service for deciding the person’s rights as a public service officer.

26   Delegations

(1)The commissioner may delegate any of the commissioner’s functions under this Act or another Act to a deputy commissioner.

(2)The commissioner may delegate any of the commissioner’s functions under this Act or another Act, other than section 36, 37, 38 or 40, to an appropriately qualified person, including an employee of the commission or of a department.

(3)A person delegated a function under subsection (2) may subdelegate the function to an appropriately qualified person.

(4)In this section—

function includes power.

Part 4    Commission’s role in assessing approval applications

27   Assessment of approval applications

(1)The commission must assess an approval application referred under the Racing Act, section 48(1)(b), to the commission.

(2)The commission must prepare and give to the Minister a report relating to the approval application that includes the following matters—

(a)whether the commission is reasonably satisfied the applicant for the approval application is suitable to be an approved control body;

(b)whether the commission is reasonably satisfied the commission can adequately regulate the activities relating to the proposed code of racing for the approval application, including licensing participants and appointing stewards to be in charge of race meetings for the code;

(c)whether the commission is reasonably satisfied the commission can license persons who would become racing bookmakers for the proposed code of racing;

(d)whether the applicant’s draft strategic plan and operation plan that, under the Racing Act, section 46, accompanied the approval application have satisfied all relevant operational and integrity matters associated with the applicant becoming an approved control body;

(e)any submissions given to the commission under the Racing Act, section 50(1) about the approval application, and the commission’s assessment of and response to the submissions;

(f)any other matter relating to the approval application that, in the commission’s opinion, may impact on the applicant’s suitability as a control body.

(3)If the commission is given a submission about the approval application as mentioned in subsection (2)(e), the commission must give the chief executive (racing) a copy of it.

28   Assessment if 2 or more approval applications

(1)This section applies if—

(a)there are 2 or more approval applications for approval as the control body for a code of racing; and

(b)the chief executive (racing) calls a meeting of the approval applicants under the Racing Act, section 52(1); and

(c)there is no mediated agreement supported by all of the approval applicants.

(2)The commission must prepare and give to the Minister a single report relating to each of the approval applications that includes the following matters—

(a)the matters mentioned in section 27 for each approval application;

(b)an assessment about the merits of each approval application compared to the other approval applications;

(c)the commission’s recommendation about which approval applicant is best qualified and most suitable to be the control body for the code of racing, having regard to the matters mentioned in section 29.

29   Assessing applicants for approval applications

(1)This section applies to the commission in assessing an approval application as mentioned in section 27.

(2)The commission must decide whether the applicant for the approval application is suitable to be approved as the control body for the proposed code of racing.

(3)For subsection (2), the commission must have regard to and, if necessary, investigate—

(a)the approval application, matters accompanying or included in the approval application as mentioned in the Racing Act, section 46, and evidence given by the approval applicant in support of the application about the matters mentioned in section 47 of that Act; and

(b)the suitability of every business associate and executive associate of the applicant to be associated with the applicant as a control body; and

(c)if the approval applicant has a business association with another entity—the entity’s character or business reputation.

(4)In deciding about the suitability of a business associate or executive associate of the applicant, the commission must have regard to and, if necessary, investigate—

(a)the associate’s character or business reputation; and

(b)if the associate has a business association with another entity—the entity’s character or business reputation.

30   Commission may require further information or documents

(1)For an investigation under section 29 relating to an approval application, the commission may, by notice given to the applicant for the approval application, require the applicant to give the commission further information or a document relating to any of the following within the reasonable period stated in the notice—

(a)the approval application;

(b)the applicant;

(c)a business associate or executive associate of the applicant;

(d)an entity with which the applicant has a business association.

(2)For an investigation under section 29 relating to a business associate or executive associate of an applicant, the commission may, by notice given to the associate and a copy of the notice given to the applicant, require the associate to give the commission information or a document relating to the following within the reasonable period stated in the notice—

(a)the association with the applicant;

(b)an entity with which the associate has a business association.

(3)When making the requirement, the commission must warn the applicant and associate that the approval application will not be considered further until the requirement is complied with.

Part 5    Audits and investigations

Division 1 Commission’s powers for investigations

31   Investigations into suitability of a control body

The commission may investigate a control body to find out whether it is suitable under this Act to continue to manage its code of racing.

32   Investigation into suitability of associate of control body

The commission may investigate a control body associate to decide whether the associate is a suitable person to be, or to continue to be, associated with the control body’s operations.

33   Requirement to give information or document for investigation

(1)In investigating a control body or a control body associate, the commission may, by notice given to the control body or the associate, require the control body or associate to give the commission information or a document the commission reasonably believes relevant to the investigation.

(2)The notice must include—

(a)the reasonable period within which the control body or control body associate must comply with the requirement; and

(b)a warning that it is an offence to fail to comply with the requirement, unless the control body or associate has a reasonable excuse.

(3)If the requirement is made of a control body associate, the commission must give a copy of the notice to the control body.

34   Failure to give information or document for investigation

(1)A person to whom a notice is given under section 33(1) must comply with the requirement in the notice within the period stated in the notice, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(3)The person does not commit an offence against this section if the information or document sought by the commission is not in fact relevant to the investigation.

35   Criminal history report for investigation

(1)If the commission, in investigating a person under section 31 or 32, asks the police commissioner for a written report on the person’s criminal history, the police commissioner must give the report to the commission.

(2)The report is to contain—

(a)the person’s criminal history; and

(b)a brief description of the circumstances of a conviction mentioned in the person’s criminal history.

(3)However, the duty imposed on the police commissioner applies only to information in the police commissioner’s possession or to which the police commissioner has access.

Division 2 Commissioner’s powers for audits and investigations

36   Powers for audits and investigations

(1)If the commission is conducting an audit or investigation, the commissioner may—

(a)act in the absence of a person who has been given reasonable notice of the audit or investigation; and

(b)receive evidence on oath or affirmation or by statutory declaration; and

(c)disregard a minor defect, error, omission or insufficiency in a document.

(2)The commissioner may administer an oath or affirmation to a person appearing as a witness before the commissioner.

37   Power to require attendance and giving of evidence

(1)If the commissioner reasonably believes a person has information relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to attend before the commissioner to answer questions relevant to the audit or investigation.

(2)The notice must state—

(a)the place at which the person must attend; and

(b)a reasonable time at which, or a reasonable period for which, the person must attend.

(3)The notice may require the person to give evidence on oath or affirmation.

38   Power to require information, document or thing

(1)If the commissioner reasonably believes a person has information or a document or thing relevant to an audit or investigation, the commissioner may, by notice given to the person, require the person to—

(a)give the information to the commissioner in writing signed by the person or, in the case of a corporation, by an officer of the corporation; or

(b)produce the document or thing to the commissioner.

(2)The notice must state—

(a)the place at which the information, document or thing must be given or produced to the commissioner; and

(b)a reasonable time at which, or a reasonable period within which, the information, document or thing must be given or produced.

39   Offences relating to audits and investigations

(1)A person who is given a notice under section 37 or 38 must not, without reasonable excuse—

(a)fail to attend as required by the notice; or

(b)fail to continue to attend as required by the commissioner until excused from further attendance; or

(c)fail to produce a document or thing the person is required to produce by the notice.

Maximum penalty—100 penalty units.

(2)A person who is given a notice under section 37 to attend an audit or investigation must not improperly influence, or attempt to improperly influence, someone else who the person knows has been given a notice under section 37 to attend the same audit or investigation.

Maximum penalty—100 penalty units.

(3)A person appearing as a witness at an audit or investigation must not, without reasonable excuse—

(a)fail to take an oath or make an affirmation when required by the commissioner; or

(b)fail to answer a question the person is required to answer by the commissioner.

Maximum penalty—100 penalty units.

(4)A person appearing as a witness at an audit or investigation must not give the commissioner information the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(5)A person who is given a notice under section 38 must not give the commissioner information, or a document containing information, the person knows is false or misleading in a material particular.

Maximum penalty—100 penalty units.

(6)Subsection (4) or (5) does not apply to a person who, when giving a document—

(a)tells the commissioner, to the best of the person’s ability, how the information is false or misleading; and

(b)if the person has, or can reasonably get, the correct information—gives the correct information to the commissioner.

40   Power to refuse to investigate complaint

(1)This section applies if a person makes a complaint to the commission about a matter relevant to a code of racing.

(2)The commissioner may refuse to investigate the complaint or, having started to investigate the complaint, may refuse to continue the investigation if—

(a)the matter is being investigated by another entity; or

(b)the commissioner is reasonably satisfied—

(i)it is appropriate for another entity to investigate the matter; or

(ii)the complaint is about a frivolous matter or was made vexatiously.

(3)If the commissioner refuses to investigate or continue to investigate a complaint under subsection (2), the commissioner must prepare a report stating—

(a)the reasons the commissioner refused to investigate or to continue to investigate the complaint; and

(b)whether the commissioner is likely to investigate or continue to investigate the complaint in the future; and

(c)any other matter the commissioner considers reasonable to include in the report.

(4)The commissioner must give a copy of the report to the Minister.

Part 6    Reporting and accountability

Division 1 Reporting generally

41   Quarterly reports

(1)The commission must give the Minister a report on its operations for each quarter in a financial year.

(2)A quarterly report must be given to the Minister—

(a)within 6 weeks after the end of the quarter; or

(b)if another period after the end of the quarter is agreed between the commission and the Minister—within the agreed period.

(3)A quarterly report must contain the information required to be given in the report under the commission’s operational plan.

(4)In this section—

quarter, in a financial year, means the following periods in the year—

(a)1 July to 30 September;

(b)1 October to 31 December;

(c)1 January to 31 March;

(d)1 April to 30 June.

42   Commission to keep Minister informed

The commission must—

(a)keep the Minister reasonably informed of its operations, financial performance and financial position and its achievement of the objectives in its strategic and operational plans; and

(b)immediately inform the Minister of any matters that arise that, in the commission’s opinion, may—

(i)prevent, or significantly affect, achievement of the objectives in its strategic and operational plans; or

(ii)significantly impact on public confidence in the integrity of the Queensland racing industry.

43   Reporting to department

(1)The Minister may act under this section for the purpose of monitoring, assessing or reporting on the commission’s performance of its functions.

(2)The Minister may require the commission to report to the department by, for example, giving stated information at stated times to the chief executive.

(3)The commission must comply with the requirement.

44   Other reporting requirements

Sections 42 and 43 do not limit the matters of which the commission is required to keep the Minister informed, or limit the reports or information that the commission is required, or may be required, to give under another Act.

Division 2 Annual reports

45   Annual report

(1)The annual report for a financial year must contain details of the operations of the commission during the financial year.

(2)Without limiting subsection (1), the annual report must contain the following—

(a)a review of the work undertaken by the commission during the financial year; and

(b)proposals, if any, for improving the operations of the commission; and

(c)a forecast of the work of the commission for the following financial year.

(3)In this section—

annual report means the commission’s annual report under the Financial Accountability Act 2009.

Division 3 Strategic and operational plans

46   Interaction with the Financial Accountability Act 2009

(1)If something is required to be done under this division and the same thing, or something to the same effect, is required to be done under the Financial Accountability Act 2009, compliance with this division is sufficient compliance with the Financial Accountability Act 2009.

(2)Otherwise, the requirements under this division are in addition to the requirements under the Financial Accountability Act 2009.

(3)If there is an inconsistency between this division and the Financial Accountability Act 2009, this division prevails to the extent of the inconsistency.

47   Draft strategic and operational plans

(1)Before 31 March each year, the commission must prepare, and give to the Minister, a draft strategic plan and a draft operational plan for the next financial year.

(2)The commission and the Minister must try to reach agreement on the draft plans as soon as possible and, in any event, not later than the start of the financial year.

48   Procedures

(1)The Minister may return the draft strategic or operational plan to the commission and ask the commission—

(a)to consider, or further consider, a stated thing and deal with the thing in the draft plan; and

(b)to revise the draft plan in the light of its consideration or further consideration.

(2)The commission must comply with the request as a matter of urgency.

(3)If the draft plan has not been agreed to by the Minister by 1 month before the start of the financial year, the Minister may, by written notice, direct the commission—

(a)to take stated steps in relation to the draft plan; or

(b)to make stated modifications of the draft plan.

(4)The commission must immediately comply with the direction and include a copy of the direction in the plan.

49   Strategic or operational plan pending agreement

(1)This section applies if the Minister and the commission have not agreed to the draft strategic or operational plan before the start of the relevant financial year.

(2)The draft plan given, or last given, by the commission to the Minister before the start of the financial year, with any modifications made by the commission, whether before or after that time, at the direction of the Minister, is taken to be the commission’s strategic or operational plan.

(3)Subsection (2) applies until a draft strategic or operational plan becomes the commission’s strategic or operational plan under section 50.

50   Strategic or operational plan on agreement

When the draft strategic or operational plan has been agreed to in writing by the Minister, it becomes the commission’s strategic or operational plan for the relevant financial year.

51   Compliance with strategic and operational plans

The commission must comply with its strategic and operational plans for a financial year.

52   Modifications of strategic or operational plan

(1)The commission may modify its strategic or operational plan only with the written agreement of the Minister.

(2)The Minister may, by written notice, direct the commission to modify its strategic or operational plan.

53   Content of strategic and operational plans

(1)The commission’s strategic plan for a financial year must include the matters prescribed by regulation.

(2)The commission’s operational plan for a financial year must include the matters prescribed by regulation.

Part 6A    Information sharing

53A   Exchange of information

(1)The commission may enter into an arrangement (an information-sharing arrangement) with a relevant agency for the purposes of sharing or exchanging information—

(a)held by the commission or the relevant agency; or

(b)to which the commission or the relevant agency has access.

(2)An information-sharing arrangement may relate only to information that assists—

(a)the commission perform the commission’s functions under this Act; or

(b)the relevant agency perform its functions.

(3)Under an information-sharing arrangement, the commission and the relevant agency are, despite another Act or law, authorised to—

(a)ask for and receive information held by the other party to the arrangement or to which the other party has access; and

(b)disclose information to the other party.

(4)The commission may use criminal intelligence given to the commission by the police commissioner under an information-sharing arrangement only for monitoring compliance with this Act.

(5)In this section—

information does not include information given to the commission or a relevant agency, or to which the commission or relevant agency has access, under the Crime and Corruption Act 2001.

relevant agency means the following—

(a)the police commissioner;

(b)the chief executive of a department;

(c)a local government;

(d)a person prescribed by regulation.

Part 7    Administration

54   Funding

(1)The cost of the performance of the commission’s functions is to be funded mainly by the control bodies.

(2)The chief executive must—

(a)decide the amount a control body must pay from time to time towards the cost of the performance of the commission’s functions; and

(b)give the control body an invoice for the amount.

(3)The amount of the invoice is payable 28 days after the control body receives the invoice.

55   Recovery of unpaid amounts

If a control body does not pay an amount payable under section 54(3), the State may recover the amount from the control body as a debt.

56   Commission may charge fees for its services

(1)The commission may charge fees for services it provides as part of the performance of its functions.

(2)A fee charged by the commission for its service, including matters relating to licensing, must reflect the reasonable cost to the commission of providing the service.

(3)Despite subsection (1), the commission must not charge a fee for a service provided under this Act or the Racing Act to the Minister or the chief executive.

Chapter 3    Commission’s functions in relation to codes of racing

Part 1    Preliminary

57   Purpose of chapter

(1)The main purpose of this chapter is to provide for the way the commission may perform its functions in relation to each code of racing.

(2)Generally, the commission performs its functions by making standards for each code of racing, particularly about the licensing scheme for controlling activities relating to animals and participants and about the way in which races are to be held for the code of racing.

(3)The standards ensure there is guidance for persons involved in the code of racing and transparent decision-making relating to matters dealt with by the standards.

Part 2    Standards

Division 1 General provisions about standards

58   Standards for codes of racing

(1)The commission may make a standard for a code of racing if—

(a)the standard is required under this Act or a Ministerial direction; or

(b)the commission reasonably believes it is good management to have the standard.

(2)A regulation may prescribe that the commission must make a standard for a particular matter and the provisions to be included in the standard for the matter.

59   Form of standards

(1)A standard must state the following—

(a)its name;

(b)the day the commission made the standard;

(c)the day it takes effect;

(d)its purpose;

(e)who will be affected by it;

(f)how the commission will make decisions about matters provided for by the standard;

(g)whether the standard will provide for matters about rules of racing.

(2)The commission makes a standard when the standard is approved by the commissioner.

(3)A standard can not take effect on a day earlier than the day the commissioner approves the standard.

(4)If the commission wishes to amend a standard, it must make a new standard.

60   Availability of standards

(1)The commission must ensure each standard is publicly available.

(2)Without limiting subsection (1), the commission must, for each of the standards—

(a)give a copy of the standard to the chief executive and each control body within 14 days after it makes the standard; and

(b)make the standard available for inspection, free of charge, at its business address during its ordinary office hours and on its website; and

(c)if a person asks for a copy of the standard, give the person a copy on payment of a fee that is no more than the reasonable cost of providing the copy.

61   Application of standards

To remove any doubt, it is declared that a standard may apply to an animal, club, participant or venue even though it was not licensed when the standard was made.

62   Standards are statutory instruments

A standard is a statutory instrument.

Division 2 Standards for licensing schemes

63   Purposes of licensing schemes

The purposes of the licensing scheme for a code of racing are to ensure—

(a)the integrity of racing activities conducted as part of the code; and

(b)the safety of persons involved in racing or training licensed animals; and

(c)the welfare of licensed animals while involved in racing or training, or activities associated with racing or training; and

(d)the responsible breeding of horses for racing.

64   Standards for licensing schemes for codes of racing

(1)The commission must make a standard for a licensing scheme for each code of racing.

(2)In developing the standard for a licensing scheme for a code of racing, the commission must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme.

65   Standards for a licensing scheme—mandatory matters

(1)The standard for a licensing scheme must provide for all of the following matters—

(a)the licences the commission may issue for each code of racing, including identifying the activities for which a licence is required;

(b)the way a person may apply for a licence, having regard to section 67;

(c)the criteria for each type of licence, including appropriate qualifications for, and disqualifications from, obtaining the licence;

(d)the way the commission will deal with an application for a licence, including the applicant’s right to make further submissions relating to the application;

(e)the grant, issue and form of a licence, including, for example, whether the licence is to include a photograph of the licensee;

(f)the giving of an information notice about a decision relating to an application;

(g)the duration of a licence, its renewal and the procedure for surrendering it;

(h)how and when the suitability of licensed animals and participants will be audited to decide if a licensed animal or participant continues to be suitable to be licensed;

(i)the grounds for taking disciplinary action relating to a licence—

(i)for matters dealt with in the rules of racing for the code of racing for which the licence is issued; or

(ii)in the circumstance mentioned in subsection (2) for the licence;

(j)when and how a licence may be immediately suspended to protect the safety of persons or welfare of animals;

(k)how disciplinary action relating to a licence, other than immediate suspension, must be taken, including the following—

(i)the procedure for giving a licence holder notice of the grounds for taking the disciplinary action;

(ii)the proposed disciplinary action;

(iii)the way the licence holder may make submissions about the proposed disciplinary action;

(l)keeping a register of licences and correcting the register;

(m)exhibiting and producing a licence;

(n)replacing a lost licence;

(o)requiring a licence holder to give the commission notice of—

(i)a change of address; or

(ii)a change to the place for the keeping of a licensed animal; or

(iii)if the licence holder is a corporation—a change to the corporation’s executive officers;

(p)serving notices on licence holders;

(q)the fees payable to the commission, including fees payable in relation to licensing for each code of racing.

(2)The standard for a licensing scheme must also provide that, after auditing a licensed animal or participant, if the commission is not satisfied it is suitable to continue to be licensed, the commission must take disciplinary action relating to the licence.

(3)This section does not limit section 64.

66   Standards for a licensing scheme—discretionary matters

(1)The standard for a licensing scheme may provide for the following matters—

(a)whether an applicant for a licence is required to give notice about the application by advertisement in a newspaper, in another publication or by a sign placed on land, because of the particular nature of the licence;

(b)whether there is provision for provisional or temporary licences;

(c)the attaching of conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business or where a licensed animal is kept.

(2)The standard for a licensing scheme may also provide for matters relating to an offcourse approval held by a racing bookmaker that are relevant to an effective licensing scheme.

(3)This section does not limit section 64.

67   Application for licence

(1)The standard for a licensing scheme must require a person who wishes to obtain a licence for an animal or participant (the proposed licensee) to apply for the licence in the approved form.

(2)To the extent it is relevant to the application for the licence, the application must include all of the following—

(a)the type of licence applied for;

(b)the type of work or activity to be performed by the proposed licensee;

(c)particulars of the proposed licensee;

(d)if the proposed licensee is an individual—appropriate training courses completed, or appropriate experience obtained, by the proposed licensee.

(3)The standard for a licensing scheme may require an application for a licence to be accompanied by a copy of a national police certificate for—

(a)if the applicant is an individual—the individual; or

(b)if the applicant is a corporation—each executive officer of the corporation.

(4)If a national police certificate is required under subsection (3), the commission may consider all convictions stated in the national police certificate as relevant to the application for the licence.

(5)In this section—

national police certificate means a document known as a national police certificate and available from the police commissioner.

68   Licences may not be transferred

The standard for a licensing scheme must not allow a person who is licensed to transfer the licence to another person.

Division 3 Other matters about policies

69   Same animal or participant may be licensed for multiple codes of racing

This Act does not prevent an animal or participant licensed for a code of racing being licensed for another code of racing.

Chapter 4    Racing bookmakers

Part 1    Requirements for racing bookmakers’ licences and for related matters

70   Requirement to hold racing bookmaker’s licence or approval

(1)A person must not carry on bookmaking for a code of racing at any time at a licensed venue unless—

(a)the person is a racing bookmaker for the code of racing; and

(b)the control body for the code of racing is managing the venue at the time; and

(c)the commission is exercising control at the venue at the time.

Maximum penalty—600 penalty units.

(2)A person must not carry on bookmaking at a place unless—

(a)the person is a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place; and

(b)the place is an approved place for the offcourse approval.

Maximum penalty—600 penalty units.

(3)A racing bookmaker for a code of racing who is an individual must, unless the individual has a reasonable excuse, have the individual’s licence with the individual at all times the individual is carrying on bookmaking at a licensed venue when—

(a)the control body for the code of racing is managing the venue; and

(b)the commission is exercising control at the venue.

Maximum penalty—40 penalty units.

(4)A racing bookmaker who is an individual and holds an offcourse approval for carrying on bookmaking at an approved place must have the individual’s approval with the individual at all times the individual is carrying on bookmaking at the approved place, unless the individual has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)A licensed executive officer of a corporation that is a racing bookmaker for a code of racing must, unless the officer has a reasonable excuse, have the corporation’s licence, or a certified copy of the corporation’s licence, with the officer at all times the officer is carrying on bookmaking for the corporation at a licensed venue when—

(a)the control body for the code of racing is managing the venue; and

(b)the commission is exercising control at the venue.

Maximum penalty—40 penalty units.

(6)A licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place must have the corporation’s approval, or a certified copy of the corporation’s approval, with the officer at all times the officer is carrying on bookmaking for the corporation at the approved place, unless the officer has a reasonable excuse.

Maximum penalty—40 penalty units.

71   Requirement for racing bookmaker to hire licensed clerk

(1)A racing bookmaker for a code of racing must not, at a licensed venue, employ someone else in the conduct of the racing bookmaker’s business unless—

(a)the other person is a racing bookmaker’s clerk; and

(b)the control body for the code of racing is managing the venue at the time; and

(c)the commission is exercising control at the venue at the time.

Maximum penalty—200 penalty units.

(2)A racing bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place must not, at the approved place, employ someone else in the conduct of the racing bookmaker’s business unless the other person is a racing bookmaker’s clerk for that code of racing.

Maximum penalty—200 penalty units.

(3)A racing bookmaker that is a corporation does not commit an offence against subsection (1) or (2) merely because a licensed executive officer of the corporation carries on bookmaking for the corporation.

72   Requirement to hold licence as racing bookmaker’s clerk

(1)A person must not be employed by a racing bookmaker for a code of racing at a licensed venue in the conduct of the racing bookmaker’s business unless the person—

(a)is a racing bookmaker’s clerk for the code of racing; or

(b)if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation.

Maximum penalty—200 penalty units.

(2)A person must not be employed by a bookmaker for a code of racing who holds an offcourse approval for carrying on bookmaking at an approved place in the conduct of the racing bookmaker’s business unless the person—

(a)is a racing bookmaker’s clerk for the code of racing; or

(b)if the racing bookmaker is a corporation—is a licensed executive officer of the corporation and carrying on bookmaking for the corporation.

Maximum penalty—200 penalty units.

(3)A racing bookmaker’s clerk at a licensed venue must have the person’s licence with the person at all times the person is employed by a racing bookmaker in the conduct of the racing bookmaker’s business at the licensed venue, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)Subsection (5) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place.

(5)A person who is a racing bookmaker’s clerk at the approved place must have the person’s licence with the person at all times the person is employed by the racing bookmaker in the conduct of the racing bookmaker’s business at the approved place, unless the person has a reasonable excuse.

Maximum penalty for subsection (5)—40 penalty units.

73   Requirement to produce licence or approval

(1)A racing bookmaker who is an individual and who is, or appears to be, carrying on bookmaking at a licensed venue must produce the person’s licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)Subsection (3) applies to a racing bookmaker who—

(a)is an individual; and

(b)holds an offcourse approval for carrying on bookmaking at an approved place; and

(c)is, or appears to be, carrying on bookmaking at the approved place.

(3)The racing bookmaker must produce the person’s offcourse approval to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(4)A licensed executive officer of a corporation that is a racing bookmaker and who is, or appears to be, carrying on bookmaking for the corporation at a licensed venue must produce the corporation’s licence, or a certified copy of the corporation’s licence, to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the officer has a reasonable excuse.

Maximum penalty—40 penalty units.

(5)Subsection (6) applies to a licensed executive officer of a corporation that is a racing bookmaker and holds an offcourse approval for carrying on bookmaking at an approved place and who is, or appears to be, carrying on bookmaking for the corporation at the approved place.

(6)The executive officer must produce the corporation’s approval, or a certified copy of the corporation’s approval, to an official of the commission if asked to do so by the official, unless the officer has a reasonable excuse.

Maximum penalty—40 penalty units.

(7)A racing bookmaker’s clerk who is, or appears to be, employed in the conduct of a racing bookmaker’s business at a licensed venue must produce the person’s licence to an official of the commission or of the control body that is managing the venue if asked to do so by the official, unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(8)Subsection (9) applies in relation to a racing bookmaker who holds an offcourse approval for carrying on bookmaking at an approved place.

(9)A racing bookmaker’s clerk who is, or appears to be, employed in the conduct of the racing bookmaker’s business at the approved place must produce the person’s licence to an official of the commission if asked to do so by the official, unless the person has a reasonable excuse.

Maximum penalty for subsection (9)—40 penalty units.

74   Requirement for commission to ensure particular persons have current licences

The commission must ensure that, unless a person has a current appropriate licence with the person at the time, the person is not permitted, at any time, to carry on bookmaking for a code of racing, or to be employed by a racing bookmaker for a code of racing in the conduct of a racing bookmaker’s business, at a race meeting held at a licensed venue when—

(a)the control body for the code of racing is managing the venue; and

(b)the commission is exercising control at the venue.

75   Unlawful bookmaking by racing bookmaker

(1)A racing bookmaker for a code of racing must not carry on bookmaking at a place unless—

(a)when the racing bookmaker carries on the bookmaking, the place is a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; and

(b)at the place when the racing bookmaker is carrying on bookmaking—

(i)a race meeting is being held under this Act; and

(ii)betting with racing bookmakers may take place, under a direction given by the steward who is in charge of the race meeting.

Maximum penalty—600 penalty units or 2 years imprisonment.

(2)However, a racing bookmaker does not commit an offence against subsection (1) if—

(a)the racing bookmaker holds an offcourse approval for carrying on bookmaking at an approved place; and

(b)the place where the racing bookmaker carries on bookmaking is an approved place for the offcourse approval; and

(c)the bookmaking is carried on at the place at a time permitted under the offcourse approval.

76   Requirements for betting by racing bookmakers

(1)This section applies to a racing bookmaker at a race meeting held at a licensed venue (the first venue) when—

(a)a control body (the first control body) is managing the venue; and

(b)the commission is exercising control at the venue.

(2)The racing bookmaker must not make a bet on a contest, contingency or event other than—

(a)a race to be decided at the first venue; or

(b)a race to be decided at another race meeting at another licensed venue managed by a control body and at which the commission is exercising control; or

(c)a sporting contingency declared, under section 141, by the first control body as a declared sporting contingency; or

(d)a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the first control body has entered into an arrangement as mentioned in the Racing Act, section 82(2)(k) and at which the commission is exercising control.

Maximum penalty—400 penalty units.

(3)Subject to section 135, the racing bookmaker must not make a bet with a person who is not present at the first venue at the time the bet is made.

Maximum penalty—400 penalty units.

77   Special requirements for betting by racing bookmaker who holds offcourse approval

A racing bookmaker for a code of racing who holds an offcourse approval must not make a bet on a contest, contingency or event other than—

(a)a race to be decided at a race meeting at a licensed venue managed by the control body for the code of racing and at which the commission is exercising control; or

(b)a sporting contingency declared, under section 141, by the control body for that code of racing as a declared sporting contingency; or

(c)a contest, contingency or event at a meeting for the racing of animals held outside Queensland that is managed by an entity with which the control body for the code of racing has entered into an arrangement as mentioned in the Racing Act, section 82(2)(k) and at which the commission is exercising control.

Maximum penalty—400 penalty units.

Part 2    Licensing of persons as racing bookmakers

Division 1 Applications for racing bookmaker’s licences

78   Applications

An application for a racing bookmaker’s licence may be made only by an adult or a corporation.

79   Requirements about applications

(1)An application for a racing bookmaker’s licence must be made to the commission in the approved form.

(2)The application must be accompanied by—

(a)the application fee prescribed by regulation; and

(b)if the applicant is an individual—a consent, in the approved form, signed by the individual for each of the following—

(i)information about the individual to be obtained by the commission;

(ii)the individual’s background to be investigated by the commission; and

(c)if the applicant is a corporation—a consent, in the approved form, signed by each person the applicant considers is a business associate or an executive associate of the corporation for each of the following—

(i)information about the associate to be obtained by the commission;

(ii)the associate’s background to be investigated by the commission; and

(d)if the applicant is a corporation—the corporation’s agreement to obtain a consent of the type mentioned in paragraph (c) for a person whom the commission reasonably believes to be a business associate or an executive associate of the corporation but whose consent does not accompany the application.

80   Further information or documents to support application

(1)The commission may, by notice given to the applicant, require the applicant to give the commission, within the reasonable period of at least 28 days stated in the notice, further information or a document the commission reasonably requires to decide the application.

(2)When making the requirement, the commission must warn the applicant that the application will not be considered further until the requirement is complied with, unless the person has a reasonable excuse for the failure to comply.

Division 2 Suitability of applicants and associates

81   Suitability of applicants for racing bookmaker’s licence

(1)This section applies to the commission in deciding whether an applicant for a racing bookmaker’s licence is a suitable person to hold a racing bookmaker’s licence.

(2)The commission may have regard to all of the following matters—

(a)the applicant’s character or business reputation;

(b)the applicant’s current financial position and financial background;

(c)if the applicant has a business association with another entity—

(i)the other entity’s character or business reputation; and

(ii)the other entity’s current financial position and financial background;

(d)if the applicant is a corporation—the persons who have a substantial holding in the applicant, or in a corporation that is a holding company of the applicant.

82   Suitability of business and executive associates

(1)This section applies to the commission in deciding whether a business associate or an executive associate of an applicant for a racing bookmaker’s licence is a suitable person to be associated with the applicant.

(2)The commission may have regard to all of the following matters—

(a)the associate’s character or business reputation;

(b)the associate’s current financial position and financial background;

(c)if the associate has a business association with another entity—

(i)the other entity’s character or business reputation; and

(ii)the other entity’s current financial position and financial background;

(d)if the associate is a corporation—the persons who have a substantial holding in the associate, or in a corporation that is a holding company of the associate.

83   Other matters about suitability

(1)Sections 81 and 82 do not limit the matters the commission may have regard to in deciding matters to which the sections relate.

(2)However, the commission may not have regard to criminal intelligence given by the police commissioner to the commission under section 53A when deciding the matters to which sections 81 and 82 relate.

Division 3 Dealing with applications

84   [Repealed]

85   Consideration of application

(1)The commission must consider the application and either grant or refuse to grant the application.

(2)However, the commission is not required to decide the application if—

(a)the commission has given a person a notice under section 80 or 90 relating to the application requiring the person to give the commission information or a document as stated in the section; and

(b)the person has failed, without reasonable excuse, to comply with the requirement within the period stated in the notice.

86   Conditions for granting application

The commission may grant the application only if the commission is satisfied—

(a)the applicant is a suitable person to hold a racing bookmaker’s licence; and

(b)each business associate and executive associate of the applicant is a suitable person to be associated with the applicant.

87   Investigation of suitability of persons

(1)The commission may investigate the applicant to help the commission decide whether the applicant is a suitable person to be a licence holder.

(2)The commission may investigate a business associate or an executive associate of the applicant to help the commission decide whether the associate is a suitable person to be associated with the applicant.

88   [Repealed]

89   Criminal history reports for investigations

(1)If the commission, in investigating a person under section 87, asks the police commissioner for a written report on the person’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order, the police commissioner must give the report to the commission.

(2)The report is to contain—

(a)the person’s criminal history; and

(b)a brief description of the circumstances of a conviction mentioned in the person’s criminal history.

(3)However, the duty imposed on the police commissioner applies only to information in the police commissioner’s possession or to which the police commissioner has access.

(4)A report under subsection (2) must, if the person is, or has been, the subject of a control order or registered corresponding control order—

(a)state the details of the order; or

(b)be accompanied by a copy of the order.

90   Requirement of associate to give information or document for investigation

(1)In investigating a business associate or an executive associate of an applicant, the commission may, by notice given to the associate, require the associate to give the commission, within the reasonable period of at least 28 days stated in the notice, information or a document the commission reasonably believes is relevant to the investigation.

(2)When making the requirement, the commission must—

(a)warn the associate that the application for the racing bookmaker’s licence will not be considered further until the requirement is complied with; and

(b)give the applicant a copy of the notice.

91   Decision on application

(1)If the commission grants an application for a racing bookmaker’s licence, the commission must give the applicant the licence.

(2)If the commission refuses to grant an application for a racing bookmaker’s licence, the commission must give the applicant an information notice about the decision.

92   Form of racing bookmaker’s licence

A racing bookmaker’s licence is to be in the approved form.

93   What corporate licence must include

(1)A racing bookmaker’s licence for a corporation must state the name of each executive officer of the corporation who may carry on bookmaking for the corporation under the licence.

(2)The commission must not, under subsection (1), state an executive officer’s name in the licence unless the executive officer—

(a)has been investigated by the commission and found suitable to be associated with the licence holder; and

(b)is a person whom the commission reasonably believes has the experience and knowledge necessary to properly carry on bookmaking for the corporation under the licence.

94   Period for which racing bookmaker’s licence has effect

A racing bookmaker’s licence continues to have effect until the earlier of the following happens—

(a)the licence is cancelled under section 106;

(b)a surrender of the licence takes effect under section 111.

Division 4 Investigations of racing bookmakers and associates

95   Audit program

(1)The commission may approve an audit program for investigating racing bookmakers, and the business associates and executive associates of racing bookmakers.

(2)The commission is responsible for ensuring that investigations of racing bookmakers, and the business associates and executive associates of racing bookmakers, are conducted under the audit program.

96   Investigations into suitability of licence holder

(1)The commission may investigate a licence holder to find out whether the licence holder is a suitable person to hold, or to continue to hold, a racing bookmaker’s licence.

(2)The commission may investigate the licence holder under this section only if—

(a)the commission reasonably suspects the licence holder is not, or is no longer, a suitable person to hold a racing bookmaker’s licence; or

(b)the investigation is made under an audit program approved by the commission.

97   Investigation into suitability of associate of licence holder

(1)The commission may investigate a business associate or an executive associate of a licence holder to decide whether the associate is a suitable person to be, or to continue to be, associated with the licence holder’s operations.

(2)The commission may investigate a business associate or an executive associate of a licence holder under this section only if—

(a)the commission reasonably suspects the associate is not, or is no longer, a suitable person to be associated with a licence holder’s operations; or

(b)the investigation is part of an investigation under this division of the licence holder in relation to whom the associate is a business associate or an executive associate; or

(c)the investigation is made under an audit program approved by the commission; or

(d)the associate became a business associate or an executive associate of the licence holder after the issue of the racing bookmaker’s licence to the licence holder; or

(e)the associate has not been investigated previously under an audit program mentioned in paragraph (c).

98   Criminal history report for investigation

(1)If the commission in investigating a person under section 96, 97 or 110(2) asks the police commissioner for a written report on the person’s criminal history, including whether the person is, or has been, the subject of a control order or registered corresponding control order, the commissioner must give the report to the commission.

(2)The report is to contain—

(a)the person’s criminal history; and

(b)a brief description of the circumstances of a conviction mentioned in the person’s criminal history.

(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.

(4)A report under subsection (2) must, if the person is, or has been, the subject of a control order or registered corresponding control order—

(a)state the details of the order; or

(b)be accompanied by a copy of the order.

99   Requirement to give information or document for investigation

(1)In investigating a licence holder, or a business associate or an executive associate of a licence holder, the commission may, by notice given to the person, require the person to give the commission information or a document the commission reasonably believes is relevant to the investigation.

(2)The notice must state a reasonable period of at least 28 days within which the person must comply with the requirement.

(3)When making the requirement, the commission must warn the person it is an offence to fail to comply with the requirement, unless the person has a reasonable excuse.

100   Failure to give information or document for investigation

(1)A person of whom a requirement is made under section 99 must comply with the requirement, unless the person has a reasonable excuse.

Maximum penalty—200 penalty units.

(2)If the person is an individual, it is a reasonable excuse for the person not to comply with the requirement if complying with the requirement might tend to incriminate the person.

(3)The person does not commit an offence against this section if the information or document sought by the commission is not in fact relevant to the investigation.

Division 5 Cancellation of racing bookmaker’s licences

101   Grounds for cancellation

(1)A ground for cancelling a racing bookmaker’s licence exists if the licence holder—

(a)is not a suitable person to hold a racing bookmaker’s licence; or

(b)is convicted for an offence against—

(i)this Act or the Racing Act; or

(ii)a law of another State, that is prescribed by regulation as a law about racing or betting; or

(c)is convicted of an indictable offence against another Act or law; or

(d)contravenes a provision of this Act, whether or not a penalty is provided for the provision; or

(e)is affected by bankruptcy action.

(2)Also, a ground for cancelling a racing bookmaker’s licence exists if—

(a)the racing bookmaker’s licence was granted because of a materially false or misleading representation or declaration; or

(b)a business associate or an executive associate of the licence holder is not a suitable person to be associated with a licence holder.

(3)Criminal intelligence given by the police commissioner to the commission under section 53A can not be the basis of the ground for the cancellation of a racing bookmaker’s licence.

102   [Repealed]

103   Show cause notice

(1)The commission must give a licence holder a notice (a show cause notice) if the commission reasonably believes—

(a)a ground exists to cancel the licence holder’s racing bookmaker’s licence; and

(b)the act, omission or other thing forming the ground is of a serious and fundamental nature; and

(c)the public interest may be affected in an adverse and material way.

(2)The show cause notice must state the following—

(a)the action the commission proposes taking under this division;

(b)the grounds for the proposed action;

(c)an outline of the facts and circumstances forming the basis for the grounds;

(d)that the licence holder may, within a stated period (the show cause period), make submissions to the commission to show why the proposed action should not be taken.

(3)The show cause period must end at least 28 days after the licence holder is given the show cause notice.

(4)The licence holder may, in the show cause period, make submissions to the commission about the show cause notice.

104   Consideration of submission

The commission must consider any submissions made by the licence holder in the show cause period.

105   Ending show cause process without further action

If, after considering the submissions for the show cause notice, the commission no longer believes a ground exists to cancel the racing bookmaker’s licence, the commission must—

(a)take no further action about the show cause notice; and

(b)give a notice to the licence holder that no further action is to be taken.

106   Cancellation

(1)The commission may cancel the racing bookmaker’s licence if—

(a)there are no submissions for the show cause notice; or

(b)after considering the submissions for the show cause notice, the commission still believes—

(i)a ground exists to cancel the racing bookmaker’s licence; 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.

(2)The commission must immediately give the licence holder an information notice about the decision to cancel the racing bookmaker’s licence.

(3)The information notice must include—

(a)a direction to the licence holder to return the racing bookmaker’s licence to the commission within 14 days after the cancellation; and

(b)a warning to the licence holder that, without a reasonable excuse, it is an offence to fail to comply with the direction.

(4)The decision takes effect on the later of the following—

(a)the day the information notice is given to the licence holder;

(b)the day of effect stated in the information notice.

107   Return of cancelled racing bookmaker’s licence

(1)A person must comply with a direction to the person under section 106(3)(a) unless the person has a reasonable excuse.

Maximum penalty—40 penalty units.

(2)If a person is unable to comply with subsection (1) because the person’s racing bookmaker’s licence has been lost or destroyed, the person must, within 14 days after the cancellation, give the commission 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, without a reasonable excuse, it is an offence to fail to comply with the direction.

108   Censuring licence holder

(1)This section applies if the commission—

(a)reasonably believes a ground exists to cancel a racing bookmaker’s licence but does not believe that giving a show cause notice is warranted; or

(b)after considering the submissions for a show cause notice, still believes a ground exists to cancel a racing bookmaker’s licence but does not believe cancellation of the licence is warranted.

(2)The commission may censure the licence holder for a matter relating to the ground for cancellation.

(3)The censure can be effected only by the commission giving the licence holder an information notice about the decision to censure the holder.

Division 6 Other matters relating to licensing

109   Corporate licence holder must advise commission of change in executive officers or persons with substantial holdings

(1)This section applies to a licence holder that is a corporation.

(2)Within 14 days after either of the following changes, the licence holder must give the commission notice of the change—

(a)a change to the persons who are executive officers of the corporation;

(b)a change to the persons who have substantial holdings in the corporation, or a holding company of the corporation.

Maximum penalty—100 penalty units.

110   Commission may amend racing bookmaker’s licence to show change in executive officers

(1)This section applies if a licence holder has given the commission notice under section 109(2)(a) and asks the commission to amend the racing bookmaker’s licence to omit or include a person as an executive officer of the corporation.

(2)The commission may investigate the executive officer for the purpose of deciding whether to grant the request.

(3)However, the commission must not include the name of an executive officer in the licence unless the commission has investigated the executive officer and found the person to be suitable to be associated with the licence holder.

111   Surrender of racing bookmaker’s licence

(1)A licence holder may surrender the holder’s racing bookmaker’s licence by notice given to the commission.

(2)The surrender of the racing bookmaker’s licence takes effect—

(a)on the day the notice is given to the commission; or

(b)if a later day of effect is stated in the notice—on the later day.

(3)The commission must give each control body notice of the surrender.

112   [Repealed]

Division 7 [Repealed]

113   [Repealed]

114   [Repealed]

115   [Repealed]

Part 3    Offcourse approvals for racing bookmakers

Division 1 Applications for, and granting of, offcourse approvals

116   Application for offcourse approval

(1)A racing bookmaker may apply to the Minister for an approval (an offcourse approval) to carry on bookmaking at a place, other than a licensed venue, using an approved telecommunications system for bookmaking.

(2)The application must be in the approved form and accompanied by each of the following—

(a)details of the place or places (each an approved place), other than a licensed venue, at which the racing bookmaker will carry on bookmaking using an approved telecommunications system for bookmaking;

Example of an approved place—

the racing bookmaker’s home or office

(b)details of the times during which the racing bookmaker will carry on bookmaking at the place or each of the places mentioned in paragraph (a);

(c)details of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker carried on bookmaking in person for the 12 months immediately before making the application;

(d)details of the number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker proposes to carry on bookmaking in person for the 12 months immediately after the offcourse approval is granted;

(e)if the details mentioned in paragraph (d) differ from those mentioned in paragraph (c)—an explanation for the difference;

(f)an undertaking as to the minimum number of race meetings, and the licensed venues for the race meetings, at which the racing bookmaker will carry on bookmaking in person if the offcourse approval applied for is granted;

(g)the prescribed fee.

117   Further information or documents to support application

(1)The Minister may, by notice given to the applicant, require the applicant to give the Minister, within the reasonable period of at least 28 days stated in the notice, further information or a document the Minister reasonably requires to decide the application.

(2)The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.

118   Requirement of commission to give information or documents relating to application

(1)The Minister may, by notice given to the commission, require the commission to give the Minister, within the reasonable period of at least 28 days stated in the notice, information or a document the Minister reasonably considers is relevant to deciding the application.

(2)The commission must comply with the notice.

119   Consideration of application

(1)In considering the application, the Minister must have regard to how often the applicant has undertaken to carry on bookmaking in person at race meetings at licensed venues.

(2)The Minister may, by notice given to the applicant, ask the applicant to review the undertaking that accompanied the application and give the Minister, within the reasonable period of at least 28 days stated in the notice, a revised undertaking.

(3)The applicant is taken to have withdrawn the application if the applicant does not comply with the notice.

120   Decision on application

(1)The Minister must consider the application and decide to—

(a)grant the offcourse approval; or

(b)refuse to grant the offcourse approval.

(2)A grant of an offcourse approval is subject to the mandatory conditions, and may be subject to other conditions imposed by the Minister.

121   What are the conditions of an offcourse approval

(1)The conditions of a racing bookmaker’s offcourse approval are—

(a)for a racing bookmaker who is an individual—the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and

(b)for a racing bookmaker who is a corporation—the executive officers of the racing bookmaker must carry on bookmaking in person at a licensed venue in accordance with the accepted undertaking for the offcourse approval; and

(c)an approved place for the offcourse approval must not be open to, or available for use by, the public; and

(d)a condition imposed by the Minister on the offcourse approval when granting the approval.

(2)A condition mentioned in subsection (1)(a), (b) or (c) is a mandatory condition of the offcourse approval.

122   What is the accepted undertaking for an offcourse approval

(1)The accepted undertaking for an offcourse approval is—

(a)the undertaking that accompanied the application; or

(b)if the Minister asked the applicant under section 119(2) to review the undertaking—the revised undertaking.

276   Examples for previous ch 3A, pt 3

The following are examples of continuing matters dealt with under previous chapter 3A, part 3—

(a)a notice requiring a person to attend to answer questions relevant to an audit or investigation as mentioned in previous section 113AU;

(b)a notice requiring a person to give information or produce a document or thing as mentioned in previous section 113AV;

(c)an obligation applying to a person given a notice under previous section 113AU or 113AV, or appearing as a witness at an audit or investigation, as mentioned in previous section 113AW.

277   Examples for previous ch 6, pts 1 and 3A to 5

The following are examples of continuing matters dealt with under previous chapter 6, parts 1 and 3A to 5—

(a)an application for an offcourse approval as mentioned in previous section 243 that has not been granted or refused before the commencement, a notice requesting further information or a document to decide the application as mentioned in previous section 244 or 245 and a notice asking an applicant to review an undertaking that accompanied an application as mentioned in previous section 246;

(b)a notice of a decision about an application for an offcourse approval as mentioned in previous section 248B;

(c)a ground for cancelling a bookmaker’s offcourse approval as mentioned in previous section 248C, a show cause notice relating to a ground as mentioned in previous section 248D and the obligation to consider all representations in relation to the show cause notice as mentioned in previous section 248F;

(d)a notice about the decision to cancel a bookmaker’s offcourse approval given to the bookmaker as mentioned in previous section 248H and the obligation to comply with a direction to return the offcourse approval as mentioned in previous section 248I;

(e)an information notice about the censure of a racing bookmaker as mentioned in previous section 248K or the immediate suspension of an offcourse approval as mentioned in previous section 248M;

(f)an approval of a telecommunications system and the making of a bet, a consent to a recording of a betting transaction and the confirmation of the transaction, as mentioned in previous section 249(1);

(g)a direction for an independent audit of a telecommunications system and a requirement to give the Minister the results of the audit, as mentioned in previous section 249(3);

(h)a declaration of sporting contingency as mentioned in previous section 255 that has not happened before the commencement;

(i)an application to authorise a person to act as a racing bookmaker’s agent by carrying on bookmaking as the racing bookmaker for a period as mentioned in previous section 256 and an authority granted under that section;

(j)an obligation to give notice about a licensing, a refusal to licence or the exercising of disciplinary action as mentioned in previous section 257 or the power to give information as mentioned in previous section 258;

(k)a delegation as mentioned in previous section 259 and an approval of forms as mentioned in previous section 260.

278   Examples for previous ch 7

The following are examples of continuing matters dealt with under previous chapter 7—

(a)subject to section 270(3), the appointment of a person as a compliance officer or an integrity officer as mentioned in previous section 261, including conditions stated in the officer’s instrument of appointment or a signed notice given to the officer as mentioned in previous section 263;

Note—

Previous section 261(2) provided that a reference in the unamended Act to an authorised officer is a reference to a compliance officer or an integrity officer.

(b)an identity card that was issued to a person mentioned in paragraph (a) under previous section 264;

(c)an application for a warrant as mentioned in previous section 273 or 275 that has not been granted or refused before the commencement, and a warrant issued by a magistrate under previous section 274 or a special warrant issued under previous section 275;

(d)the seizure of a thing before the commencement as mentioned in previous chapter 7, part 2, division 4 and obligations under that division for not tampering, or attempting to tamper, with a thing, or something restricting access to a thing, seized before the commencement, or for returning a thing seized before the commencement;

(e)the entitlement to be paid reasonable compensation as mentioned in previous section 309 in relation to loss or damage that happened before the commencement.

Part 4    Other matters

Division 1 Staff of the commission

279    What is the employee register

(1)The employee register is a register of employees of the board that is prepared for the commission and approved by the chief executive.

Note—

Under the Racing Act, section 6, the Queensland All Codes Racing Industry Board is continued in existence under that Act under the name Racing Queensland Board and is referred to as the board.

(2)It must be stated in the employee register, for each employee of the board whose name is stated in the employee register, whether the employee is employed by the board as a race day steward.

(3)The chief executive may approve the employee register for the purpose of subsection (1).

(4)At any time within 1 year after the commencement, the chief executive may change the employee register to correct an omission or error.

280    Who is a transferable employee

A transferable employee is a person—

(a)who, immediately before the commencement, was an employee of the board; and

(b)whose name is stated in the employee register as an employee to be transferred to the commission.

281   Transfer of transferable employees

(1)On the commencement—

(a)a transferable employee becomes an employee of the commission; and

(b)a transferable employee who is employed by the board as a race day steward, as stated in the employee register—

(i)becomes employed by the commission as a race day steward; and

(ii)is taken to be employed under this Act and not the Public Service Act 2008; and

(c)a transferable employee who is not a race day steward, as stated in the employee register, is taken to be employed under the Public Service Act 2008; and

(d)the records of the board, to the extent they relate to the employment of transferable employees, become records of the commission.

(2)However, if an employee of the board becomes a transferable employee because of a register correction, subsection (1) applies to the employee as if the reference in the subsection to the commencement were a reference to the day after the register correction happens.

(3)Also, if a person ceases to be a transferable employee because of a register correction, the person is taken never to have been—

(a)a transferable employee; or

(b)transferred to the commission.

(4)In this section—

register correction means a change to the employee register under section 279(4) to correct an omission or error.

282   Preservation of rights of transferable employees

The transfer of a transferable employee to the commission does not—

(a)adversely affect the employee’s total remuneration; or

(b)prejudice the employee’s existing or accruing rights to superannuation or annual, sick or long service leave; or

(c)interrupt continuity of service, except that the employee is not entitled to claim the benefit of a right or entitlement more than once in relation to the same period of service; or

(d)constitute a retrenchment, redundancy or termination of the employee’s employment by the board; or

(e)entitle the employee to a payment or other benefit because he or she is no longer employed by the board; or

(f)require the board to make any payment in relation to the employee’s accrued rights to annual, sick or long service leave irrespective of any arrangement between the board and the employee.

Division 2 Eligibility certificates

283   Existing applications for eligibility certificates

(1)An application for an eligibility certificate made under the unamended Act and not decided on the commencement is taken to have been withdrawn.

(2)If the fingerprints of the applicant or of a business associate or executive associate of the applicant were taken under previous section 209 in relation to the application, the gaming executive must destroy the fingerprints.

(3)The application fee that accompanied the application must be refunded in full to the applicant.

284   Existing right to apply for licence as racing bookmaker

(1)This section applies to a person if—

(a)the person was granted an eligibility certificate under the unamended Act; and

(b)the day stated in the eligibility certificate by which the person must apply for a licence as a racing bookmaker has not lapsed; and

(c)the person has not applied to a control body for a racing bookmaker’s licence before the commencement.

(2)From the commencement, the person may apply to the commission for the licence before the day the eligibility certificate lapses under previous section 220(3) as if this Act had not been enacted.

285   Continuing obligation of certificate holders to give notice of particular changes

(1)This section applies if—

(a)a certificate holder is required to give the gaming executive a notice under previous section 221; and

(b)immediately before the commencement, the certificate holder has not given the notice.

(2)On the commencement—

(a)the obligation to give the notice continues to apply as if this Act had not been enacted; and

(b)a reference to the gaming executive in that section is taken to be a reference to the commission.

286   Approved audit program

(1)This section applies to an audit program approved by the gaming executive under previous section 223.

(2)On the commencement, the audit program—

(a)is taken to be an audit program for investigating licence holders, and the business associates and executive associates of licence holders, approved by the commission under section 95(1); and

(b)may be varied, revoked or otherwise dealt with, and enforced, by the commission.

287   Continuation of show cause process

(1)This section applies to a show cause notice given to a person who is a certificate holder under previous section 231 if, immediately before the commencement, the gaming executive had not—

(a)given the certificate holder a notice under previous section 234(3); or

(b)censured the certificate holder under previous section 235(4); or

(c)cancelled the eligibility certificate under previous section 236.

(2)From the commencement, the show cause notice is taken to be a show cause notice given by the commission to the person.

288   Reviews

(1)A review under previous chapter 6, part 3, division 6 that has started but not been finalised before the commencement may continue as if this Act had not been enacted.

(2)If, immediately before the commencement, a person has a right of review under previous section 242(1)(b) or (c), the right continues as if this Act had not been enacted.

(3)Previous section 242A continues to apply to a review under previous chapter 6, part 3, division 6.

(4)Previous section 242B continues to apply to a decision of the gaming executive mentioned in previous section 242A(1).

289   Continuing obligation of control body to give notice of certain actions about racing bookmakers

(1)This section applies if—

(a)a control body is required to give the gaming executive a notice under previous section 257; and

(b)immediately before the commencement, the control body has not given the notice.

(2)On the commencement—

(a)the obligation to give the notice continues to apply as if this Act had not been enacted; and

(b)a reference to the gaming executive in that section is taken to be a reference to the commission.

Division 3 Miscellaneous provisions

290   Licences and other documents under policies

(1)This section applies to—

(a)a control body’s policy for a licensing scheme for a code of racing as in force immediately before the commencement; and

(b)a current licence granted by the control body for the code of racing under the policy; and

(c)any of the following in relation to the current licence—

(i)a document that continued to have effect or was in force immediately before the commencement;

(ii)an action done in relation to the current licence if the action continued to have effect immediately before the commencement;

(iii)an entity’s obligation or right to take action (including a ground for action) in relation to the current licence if the obligation applied to the entity, or the right to take the action existed, immediately before the commencement;

(iv)an entity’s protection in relation to the current licence that applied to the entity immediately before the commencement.

(2)The current licence continues to have effect for the code of racing to the same extent as it did under the unamended Act.

(3)The document, action, obligation, right or protection in relation to the licence as mentioned in subsection (1)(c) continues in force or to have effect.

(4)For this section, a reference to a control body in the policy for the licensing scheme, the current licence or the document, action, obligation, right or protection in relation to the licence is to be taken as a reference to the commission.

(5)In this section—

current licence means a licence granted under a policy that, before the commencement, has not ended under the policy and includes a licence that is suspended.

291   Offences before commencement

The Racing Act, section 223 does not limit the application of section 273(1)(b), including, for example, if an offence against this Act is a continuing offence and involves an act or omission that happened before the commencement.

292   Acts Interpretation Act 1954, s 20 not limited

This chapter does not limit the Acts Interpretation Act 1954, section 20.

Part 5    [Expired]

293   [Expired]

Chapter 8A    [Expired]

293A    [Expired]

293B    [Expired]

Chapter 9    Other transitional provisions

Part 1    Transitional provisions for Serious and Organised Crime Legislation Amendment Act 2016

294   Applications not finally decided

(1)This section applies if, immediately before the commencement, the commission had not finally decided an application for the grant of a racing bookmaker’s licence.

(2)The commission must decide the application under this Act as in force after the commencement.

295   Show cause process not finally decided

(1)This section applies if—

(a)the commission had given a show cause notice to a racing bookmaker under section 103(1); and

(b)immediately before the commencement, the commission had not finally dealt with matters relating to the show cause notice under section 105 or 106 (the show cause process).

(2)The show cause process must continue under this Act as in force after the commencement.

296   Proceedings not finally decided

(1)This section applies if, immediately before the commencement, the following proceedings had been started but not finally dealt with—

(a)a proceeding before QCAT for a review of a relevant decision;

(b)a proceeding before the Supreme Court about a relevant decision.

(2)The proceeding is discontinued and the matter is remitted to the commission for the commission to decide again under this Act as in force after the commencement.

(3)QCAT or the Supreme Court must return to the police commissioner any criminal intelligence relating to the proceeding in QCAT’s or the Supreme Court’s possession or control.

(4)For subsection (1), a proceeding had not been finally dealt with if—

(a)QCAT or the Supreme Court had not made a decision; or

(b)QCAT or the Supreme Court had made a decision but the appeal period for the decision had not ended; or

(c)QCAT or the Supreme Court had made a decision and an appeal against the decision had started but not ended.

(5)In this section—

criminal intelligence means criminal intelligence within the meaning of repealed section 114(6).

relevant decision means a decision—

(a)for which a review notice mentioned in section 245(6) was given to a person; and

(b)made because the person was not a suitable person to hold a racing bookmaker’s licence because the person—

(i)was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or

(ii)had a business associate or executive associate who was—

(A)if the associate was an individual—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a participant in a criminal organisation; or

(B)if the associate was a corporation—identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as a criminal organisation; or

(iii)was identified by the police commissioner under repealed section 88(2), 96(4) or 97(4) as an unsuitable corporation.

repealed, in relation to a provision of this Act, means the provision as in force immediately before the commencement.

Part 2    Transitional provision for Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Act 2021

297    Interactive betting accounts established before commencement

Sections 134B, 134C and 134E apply in relation to an interactive bettor whether the interactive bettor’s interactive betting account, however called, was established before or after the commencement.

Part 3    Transitional provisions for Racing Integrity Amendment Act 2022

298   Definitions for part

In this part—

amending Act means the Racing Integrity Amendment Act 2022.

former, for a provision of this Act, means the provision as in force immediately before the commencement of the provision in which the term is used.

299   Existing application to act as racing bookmaker’s agent

(1)This section applies if—

(a)before the commencement, a racing bookmaker applied to authorise a person to act as the racing bookmaker’s agent for a reason mentioned in former section 142(2)(a)(i); and

(b)immediately before the commencement, the application had not been decided.

(2)The commission may authorise the person under former section 142(2) as if the amending Act, section 11 had not been enacted.

300   Existing matters relating to telecommunications systems

(1)Subsection (2) applies to a telecommunications system that was, before the commencement, approved for bookmaking under the Act by the commission.

(2)The telecommunications system is taken to be approved under section 142A(1).

(3)Subsection (4) applies if, immediately before the commencement, the commission was considering whether to approve a telecommunications system under former section 135(2).

(4)The commission may decide whether to approve the telecommunications system under section 142A(1).

(5)Subsection (6) applies to a written direction for a telecommunications system if—

(a)the direction was given, before the commencement, under former section 135(3), to the commission by the Minister; and

(b)the direction had not been complied with before the commencement.

(6)The written direction is taken to be given under section 142A(3).

301   Review of existing racing decisions

(1)This section applies if—

(a)before the commencement, a decision was made by a steward under the rules of racing for a code of racing; and

(b)immediately before the commencement, the decision was an original decision under former section 240; and

(c)immediately before the commencement, any of the following applied under former chapter 6, part 2, division 4 in relation to the decision—

(i)the period during which an appeal, or an application for internal review or external review, could be made had not ended;

(ii)an application for internal review or external review had not been decided;

(iii)an appeal had not been decided;

(iv)a stay had not been decided.

(2)The appeal, application or stay may be decided, or made and decided, under former chapter 6, part 2, division 4 as if the amending Act, part 3 had not been enacted.

Schedule 1 Dictionary

section 5

1st deputy commissioner see section 15(2)(a).

2nd deputy commissioner see section 15(2)(b).

accepted insurance policy or bond see section 136(3).

accepted undertaking, for an offcourse approval, see section 122.

Act document, for chapter 6, part 1, division 1, see section 211.

affected by bankruptcy action, in relation to an individual, means the individual is insolvent under administration.

animal welfare direction see section 193(1).

animal welfare offence means—

(a)an offence against section 195, 217 or 218; or

(b)an offence against the Racing Act, section 317 or 318, as in force before the repeal of the section by this Act; or

(c)in relation to a licensed animal or an animal that could be licensed under this Act, an offence against—

(i)the Animal Care and Protection Act 2001, other than chapter 6, part 2, divisions 2, 3, 4 and 7 and sections 206, 207, 208, 209 and 210; or

(ii)the Criminal Code, section 242 or 468.

appeal tribunal, for chapter 6, part 4, see section 252AA.

approval application means an approval application under the Racing Act.

approved control body means an approved control body under the Racing Act.

approved form means a form approved under section 257.

approved place, for an offcourse approval, see section 116(2)(a).

approved telecommunications system, for bookmaking, see section 142A(2).

authorised officer means a person who holds office under chapter 5, part 1 as an authorised officer.

background document, for chapter 6, part 1, division 1, see section 211.

bet includes the action, behaviour, conduct or performance of a person who, whether on 1 or more than 1 occasion, does any of the following acts for the person or for another person, or who cooperates with another person for the doing of any of the acts—

(a)makes or receives a bet or wager;

(b)pays, receives, negotiates or settles a bet or wager;

(c)offers, agrees or otherwise negotiates—

(i)to bet or wager; or

(ii)to pay, receive or settle a bet or wager.

betting meeting means a meeting held by a licensed club at a licensed venue, but at which no race is held.

board means the board under the Racing Act.

bookmaking means the business of receiving or negotiating bets and includes the settlement of bets.

business associate—

(a)means—

(i)for an approval application—a person whom the chief executive (racing) reasonably believes will, if the applicant for the approval application is approved as a control body, be associated with the ownership or management of the operations of the control body; or

(ii)of an applicant for a racing bookmaker’s licence—a person whom the commission reasonably believes will, if the applicant is licensed as a racing bookmaker, be associated with the ownership or management of the business conducted by the racing bookmaker; or

(iii)of the holder of a racing bookmaker’s licence—a person whom the commission reasonably believes is associated with the ownership or management of the business conducted by the racing bookmaker; and

(b)includes, for any corporation, an executive officer of the corporation.

certified copy, in relation to a racing bookmaker’s licence of a corporation, means a copy of the licence certified as a true copy by the commission.

chairperson means the member appointed to be the chairperson of the panel.

chief executive (racing) means the chief executive administering the Racing Act.

club means a club under the Racing Act.

code of racing means a code of racing under the Racing Act.

commission see section 7(1).

commission decision ...

commissioner see section 14(1).

conditions, of an offcourse approval, see section 121.

confidential information, about a person, for chapter 6, part 1, division 1, see section 211.

control body means a control body under the Racing Act.

control body associate means—

(a)for an approved control body—a business associate or executive associate of the control body; or

(b)for the board under the Racing Act—a person whom the chief executive (racing) believes is associated with the operations of the board.

control order see the Penalties and Sentences Act 1992, section 161N.

conviction means a finding of guilt, or the acceptance of a plea of guilty, by any court.

court means a Magistrates Court.

criminal history, of a person, means the person’s criminal history within the meaning of the Criminal Law (Rehabilitation of Offenders) Act 1986, and—

(a)despite section 6 of that Act, includes a conviction of the person to which the section applies; and

(b)despite section 5 of that Act, includes a charge made against the person for an offence.

criminal intelligence see the Criminal Code, section 86(3).

criminal organisation ...

deputy chairperson means a member appointed to be a deputy chairperson of the panel.

deputy commissioner see section 15(1).

disciplinary action, relating to an approval or licence, means 1 or more of the following—

(a)cancelling the approval or licence;

(b)suspending the approval or licence for a stated period;

(c)varying the approval or licence in either of the following ways, except if the variation is made as the result of an application of the control body for the approval or the licence holder—

(i)changing a condition stated in the approval or licence to which it is subject;

(ii)stating a new condition to which the approval or licence is to be subject;

(d)for a licence—

(i)imposing a monetary penalty; or

(ii)closing, for a stated period, premises or part of premises stated in the licence as premises at which an activity may be conducted under the licence.

disqualification action, against a person, for chapter 6, part 4, see section 252AA.

document certification requirement see section 199(6).

document production requirement see section 199(2).

drug means—

(a)a substance mentioned in the Standard for the Uniform Scheduling of Medicines and Poisons as in force from time to time, published by the Commonwealth; or

(b)another substance, likely to affect the performance of a licensed animal, prescribed by regulation.

electronic document ...

employ includes—

(a)engage; and

(b)employ or engage whether or not for payment.

exclusion action, against a person, for chapter 6, part 4, see section 252AA.

executive associate means—

(a)for an approval application—an executive officer of a corporation, a partner, a trustee, or another person stated by the chief executive (racing), whom the chief executive (racing) reasonably believes will, if the approval applicant is approved as a control body, be associated with the ownership or management of the operations of the control body; or

(b)of an applicant for a racing bookmaker’s licence—an executive officer of a corporation, a partner, a trustee, or another person stated by the commission, whom the commission reasonably believes will, if the applicant is licensed as a racing bookmaker, be associated with the ownership or management of the business conducted by the racing bookmaker; or

(c)of the holder of a racing bookmaker’s licence—an executive officer of a corporation, a partner, a trustee, or another person stated by the commission, whom the commission reasonably believes is associated with the ownership or management of the business conducted by the racing bookmaker.

executive officer, of a corporation, means 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.

exercise control, by the commission at a licensed venue, means the commission performs its functions at the venue when a contest, contingency, event or race meeting is held at the venue.

Notes—

1The commission exercises control at a licensed venue by having stewards present at a race meeting held at the venue to provide oversight of the meeting in accordance with the functions and powers given to stewards under the rules of racing.

2If a steward who is present at a licensed venue at the time a race meeting is to be held at the venue advises the person responsible at the venue, the control body that licensed the venue or the licensed club at the venue that the meeting must be stopped or must not start, the commission is no longer exercising control at the venue.

former owner see section 188(1).

general power see section 175(1).

help requirement see section 176(1).

identified participant ...

identity card, for a provision about authorised officers, means an identity card issued under section 149(1).

illegal betting place see section 222.

indictable offence includes an indictable offence dealt with summarily.

information notice, about a decision, means a notice stating the following—

(a)the decision;

(b)the day the decision is made;

(c)the day the decision takes effect;

(d)the reasons for the decision;

(e)for a decision that is an original decision—that the person to whom the notice is given may apply to the commission for an internal review of the decision within 14 days after the person receives the notice;

(f)for a decision other than an original decision—how a person to whom the notice is given may apply for a review of the decision and the period within which the application must be made.

interactive betting account, of a person, for chapter 4, part 3A, see section 134A.

interactive bettor, for chapter 4, part 3A, see section 134A.

interested person, for an original decision, see section 241.

interfere with, in relation to a licensed animal, licence holder or an official of the commission or a control body, for chapter 6, part 1, division 3, see section 216.

internal review application means an application under section 243 for an internal review of an original decision.

internal review decision see section 245(1)(b).

licence holder means—

(a)for an animal—the person stated in the licence as the holder of the licence; or

(b)otherwise—the person who is licensed.

Example of a licence holder for paragraph (a)—

An animal called ‘Rocket’ may be licensed by the commission. Joan Rockettes may be the owner of the licensed animal. The licence will state that Joan Rockettes is the licence holder of the licence for the licensed animal ‘Rocket’.

licensed means licensed by the commission.

licensed animal means—

(a)an animal that is licensed by the commission for its code of racing; or

(b)an animal that a person presents at a licensed venue, another place where a trial for licensed animals is or is to be held or any other place, as if the animal were a licensed animal.

licensed club means a licensed club under the Racing Act.

licensed executive officer, of a corporation that is a racing bookmaker, means an executive officer of the corporation identified in the corporation’s racing bookmaker’s licence as an executive officer who may carry on bookmaking for the corporation under the licence.

licensed venue means a licensed venue under the Racing Act.

manage—

(a)in relation to a code of racing or application code in an approval application, includes—

(i)regulating activities associated with the code or application code; and

(ii)prohibiting some activities, or aspects of an activity, associated with the code or application code; or

(b)in relation to a licensed venue by a control body, means the control body that licensed the venue has included the contest, contingency, event or race meeting to be held at the venue in the control body’s racing calendar.

mandatory condition, of an offcourse approval, see section 121(2).

member means a person appointed to be a member of the panel under section 252BC.

non-disclosure ground, in relation to the disclosure or publication of information, means—

(a)the physical or mental health or safety of a person is, or is reasonably likely to be, endangered by the disclosure or publication; or

(b)the disclosure or publication would release sensitive information within the meaning of the Information Privacy Act 2009; or

(c)the disclosure or publication would release information that would be likely to damage the commercial activities of a person to whom the information relates; or

(d)the disclosure or publication is not otherwise in the interests of justice.

notice means a written notice.

occupier, of a place, includes the following—

(a)if there is more than 1 person who apparently occupies the place—any 1 of the persons;

(b)any person at the place who is apparently acting with the authority of a person who apparently occupies the place;

(c)if no-one apparently occupies the place—any person who is an owner of the place.

of, a place, includes at or on the place.

offcourse approval see section 116(1).

offence warning, for a direction or requirement by an authorised officer, means a warning that, without a reasonable excuse, it is an offence for the person to whom the direction or requirement is made not to comply with it.

official means—

(a)of the commission—an authorised officer or a steward; or

(b)of a control body—a person who holds a position in the control body that is stated, under the control body’s rules of racing, as a position for which the holder is an official of the control body.

Example for paragraph (b)—

A control body’s rules of racing may state a holder of the position of handicapper or starter is an official of the control body.

operational plan means the commission’s operational plan under section 50.

original decision see section 240.

owner, of a seized thing, includes a person who would be entitled to possession of the thing had it not been seized.

panel see section 252AW.

panel review application see section 252AB(6).

participant means a person involved with a code of racing, other than—

(a)a club; or

(b)a person who participates merely by doing either or both of the following—

(i)attending a race meeting;

(ii)placing a bet with a racing bookmaker at a race meeting.

personal details requirement see section 197(5).

personal information see the Information Privacy Act 2009, section 12.

person in control—

(a)of a vehicle, includes—

(i)the vehicle’s driver or rider; and

(ii)anyone who reasonably appears to be, claims to be, or acts as if he or she is, the vehicle’s driver or rider or the person in control of the vehicle; or

(b)of another thing, includes anyone who reasonably appears to be, claims to be, or acts as if he or she is, the person in possession or control of the thing.

place includes the following—

(a)premises;

(b)vacant land;

(c)a place in Queensland waters;

(d)a place held under more than 1 title or by more than 1 owner;

(e)the land or water where a building or structure, or a group of buildings or structures, is situated.

police commissioner ...

premises includes the following—

(a)a building or other structure;

(b)a part of a building or other structure;

(c)a caravan or vehicle;

(d)a cave or tent;

(e)premises held under more than 1 title or by more than 1 owner.

prohibited thing, for chapter 6, part 1, division 3, see section 216.

proposed action ...

public place means a place, or part of a place—

(a)that the public is entitled to use, that is open to members of the public or that is used by the public, whether or not on payment of money; or

Examples of a place that may be a public place under paragraph (a)—

a beach, a park, a road

(b)the occupier of which allows, whether or not on payment of money, members of the public to enter.

Examples of a place that may be a public place under paragraph (b)—

a saleyard, a showground

Queensland Racing Integrity Commission means the Queensland Racing Integrity Commission established under section 7.

race means a race under the Racing Act.

race day steward means a steward who is employed by the commission to supervise particular matters at race meetings.

race meeting means—

(a)a meeting for conducting racing of licensed animals; or

(b)a betting meeting.

Racing Act means the Racing Act 2002.

Racing Appeals Panel means the Racing Appeals Panel established under section 252AW.

racing bookmaker means the holder of a racing bookmaker’s licence.

racing bookmaker’s clerk means the holder of a racing bookmaker’s clerk licence.

racing bookmaker’s clerk licence means a licence from the commission to be employed by a racing bookmaker as a clerk in the conduct of the racing bookmaker’s business at a licensed venue.

racing bookmaker’s licence means a licence from the commission as a racing bookmaker for a code of racing.

racing decision, of a steward, see section 252AA.

Racing Integrity Commissioner means the person who, under section 14, holds office as the Racing Integrity Commissioner.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

registered corresponding control order see the Penalties and Sentences Act 1992, section 161N.

registrar means the person appointed to be the registrar of the panel under section 252BK(1)(a).

remote conferencing, for chapter 6, part 4, see section 252AA.

repealed section, for chapter 6, part 1, division 1, see section 211.

rules of racing means the rules of racing under the Racing Act.

show cause notice—

(a)for chapter 4, part 2, division 5, see section 103(1); or

(b)for chapter 4, part 3, see section 125(1).

show cause period—

(a)for chapter 4, part 2, division 5, see section 103(2)(d); or

(b)for chapter 4, part 3, see section 125(2)(d).

sporting contingency includes the following whether happening in Queensland or elsewhere—

(a)a contest, contingency or event relating to animals, other than a race;

(b)a contest, contingency or event relating to an athletic meeting, exercise, fight, game, pastime or sport.

staff, of the commission, means persons employed by the commission in any capacity.

standard means a standard for a code of racing, made by the commission under chapter 3, part 2.

steward means a person appointed by the commission as a steward or deputy steward.

strategic plan means the commission’s strategic plan under section 50.

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 online communications system.

thing includes an animal, whether dead or alive.

tribunal ...

unsuitable corporation ...

use, a prohibited thing on a licensed animal, for chapter 6, part 1, division 3, see section 216.

vehicle means anything used for carrying any animal, person or thing by land, water or air.

Examples—

aircraft, boat, trailer, train, tram

venue includes a track.

veterinary surgeon means a person registered as a veterinary surgeon under the Veterinary Surgeons Act 1936.

welfare, of an animal, means issues about the health, safety or wellbeing of the animal.