Untitled document

Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016

No. 17 of 2016

table of provisions

Section  Page

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendment of Racing Act 1958

3Functions of the Racing Integrity Commissioner

4Section 55 substituted

5Constitution of Board

6New section 71A inserted

7Functions of Board

8Member of Board etc. may enter and inspect etc.

9New section 78 inserted

10Rules of Board

11Members of the GRV Racing Appeals and Disciplinary Board

12New Part IX inserted

Part 3—Amendment of Domestic Animals Act 1994

13Definitions

14New Part 4AA inserted

15Payments to the Treasurer

16Due date for payments to the Treasurer

17Consequential amendments

18Statute law revision amendment

Part 4—Amendment of Prevention of Cruelty to Animals Act 1986

19Time for charging certain offences under this Act

Part 5—Repeal of amending Act

20Repeal of amending Act

Schedule 1—Amendment of Domestic Animals Act 1994

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Endnotes

1      General information

Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016

No. 17 of 2016

[Assented to 19 April 2016]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)to amend the Racing Act 1958—

(i)to further provide for the functions and the rules of Greyhound Racing Victoria; and

(ii)to provide for changes to the constitution of Greyhound Racing Victoria and the GRV Racing Appeals and Disciplinary Board; and

(iii)to further provide for the functions of the Racing Integrity Commissioner in relation to animal welfare; and

(iv)to further provide for offences relating to greyhound races that involve the use of animals as lures; and

(v)to further provide for enforcement powers under Part III of that Act; and

(vi)to provide for the use or disclosure of information for the purposes of enforcement under the Domestic Animals Act 1994; and

(vii)to provide for the appointment of an administrator to manage the greyhound racing industry in certain circumstances; and

(b)to amend the Domestic Animals Act 1994—

(i)to further provide for the keeping of greyhounds registered with Greyhound Racing Victoria; and

(ii)to provide for Greyhound Racing Victoria to make payments to the Treasurer from greyhound registration fees; and

(iii)to make consequential amendments to that Act; and

(c)to amend the Prevention of Cruelty to Animals Act 1986 to extend the time limit for commencing proceedings for offences relating to baiting, luring and encouraging animals to fight.

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 August 2017, it comes into operation on that day.

Part 2—Amendment of Racing Act 1958

3Functions of the Racing Integrity Commissioner

(1)After section 37B(1)(b) of the Racing Act 1958 insert—

"(ba)conduct audits of the internal animal welfare processes and systems of each controlling body to the extent that they relate to integrity in racing;".

(2)After section 37B(1)(d)(v) of the Racing Act 1958 insert—

"(vi)if the complaint relates to the animal welfare processes and systems of a controlling body, the relevant government agency;".

4Section 55 substituted

For section 55 of the Racing Act 1958 substitute—

"55   Offences relating to greyhound races that involve the use of an animal as a lure

(1)A person must not act as one of the following in respect of a greyhound race that involves the use of an animal as a lure for pursuit by a greyhound—

(a)a steward;

(b)a starter;

(c)a lure driver;

(d)a judge.

Penalty:100 penalty units.

(2)If a greyhound race involves the use of an animal as a lure for pursuit by a greyhound, the occupier of the ground on which that race is held is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

(3)If a greyhound race involves the use of an animal as a lure for pursuit by a greyhound, the promoter of that race is guilty of an offence and liable to a penalty not exceeding 100 penalty units.

Note

It is an offence to use an animal as a lure in connection with the training or racing of any coursing dog—see section 13 of the Prevention of Cruelty to Animals Act 1986.".

5Constitution of Board

(1)For section 69(2)(b) and (c) of the Racing Act 1958 substitute—

"(b)at least one is a person who has experience or expertise in animal welfare or ethics.".

(2)After section 69(3) of the Racing Act 1958 insert—

"(3A)The Minister may make a recommendation referred to in subsection (3) if, in the Minister's opinion, the person has the necessary skills, experience and knowledge to assist the Board to carry out its functions.".

6New section 71A inserted

After section 71 of the Racing Act 1958 insert—

"71A   Appointment of administrator

(1)On the recommendation of the Minister, the Governor in Council, by order published in the Government Gazette, may appoint an administrator to manage the greyhound racing industry for the period of the administration.

(2)The Minister may make a recommendation referred to in subsection (1) if, in the Minister's opinion—

(a)the Board has failed to efficiently or competently manage the greyhound racing industry; or

(b)the appointment of an administrator is otherwise in the public interest.

(3)On the appointment of an administrator—

(a)the members of the Board cease to hold office; and

(b)subject to the order, the administrator has all the functions and may exercise all the powers of the Board.

(4)An administrator appointed under this section—

(a)is appointed for the period and subject to the terms and conditions specified in the order; and

(b)is entitled to be paid any remuneration, travelling and other allowances that the Minister determines.

(5)An administrator ceases to hold office—

(a)on the appointment of members to the Board in accordance with section 69; or

(b)on the appointment of another administrator in accordance with this section.

Note

See also section 41 of the Interpretation of Legislation Act 1984.".

7Functions of Board

After section 75(ab) of the Racing Act 1958 insert—

"(aba)to promote and improve animal welfare within the sport of greyhound racing;

(abb)to promote, and monitor compliance with, the rules;".

8Member of Board etc. may enter and inspect etc.

(1)In section 77A(1) and (2) of the Racing Act 1958 omit "at any reasonable hour".

(2)After section 77A(2) of the Racing Act 1958 insert—

"(2A)A member of the Board or any officer authorised by the Board may enter premises and exercise any other power under this section—

(a)during the period commencing one hour before sunrise and ending one hour after sunset; and

(b)at any other time if the Board believes on reasonable grounds that a person has contravened or is contravening this Act or the rules at or on the premises.".

9New section 78 inserted

After section 77A of the Racing Act 1958 insert—

"78 Use or disclosure of information for the Domestic Animals Act 1994

(1)An authorised person may—

(a)use any information in the register for the purposes of enforcing Part 4AA of the Domestic Animals Act 1994 or any regulations made under that Part; or

(b)disclose any information in the register to a person appointed as an authorised officer under section 71A or 72 of the Domestic Animals Act 1994 for the purposes of enforcing Part 4AA of the Domestic Animals Act 1994 or any regulations made under that Part.

(2)In this section—

authorised person means an officer, authorised by the Board for the purpose of section 77A, who is appointed under section 71A of the Domestic Animals Act 1994 as an authorised officer;

register means the register kept by the Board relating to the registration of greyhounds and greyhound racing participants.".

10Rules of Board

(1)After section 82(1A)(c) of the Racing Act 1958 insert—

"(ca)the welfare of greyhounds;".

(2)At the foot of section 82(1A) of the Racing Act 1958 insert—

"Note

Under section 69(3) of the Domestic Animals Act 1994 the Board must pay to the Treasurer money in respect of fees for the registration of certain greyhounds for the purposes of that Act.".

11Members of the GRV Racing Appeals and Disciplinary Board

In section 83D(1) of the Racing Act 1958, after "members" insert ", of which one member must have animal welfare or veterinary expertise".

12New Part IX inserted

After Part VIII of the Racing Act 1958 insert—

"Part IX—Transitional provisions—Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016

104Definition

In this Part—

amending Act means the Racing and Other Acts Amendment (Greyhound Racing and Welfare Reform) Act 2016.

105Saving of reconstituted Greyhound Racing Victoria

(1)On and after the commencement of section 5 of the amending Act—

(a)the Board is taken to be the same body as it was immediately before that commencement; and

(b)no decision, matter or thing is to be affected because of the amendments made by section 5 of the amending Act; and

(c)a member of the Board who held office as a member immediately before that commencement continues in office, subject to this Act, after that commencement on the same terms and conditions on which the member held office immediately before that commencement.

(2)Subsection (1) has effect despite anything to the contrary in section 69 as amended by section 5 of the amending Act.

(3)In this section—

Board has the same meaning as in Part III.

106Saving of reconstituted GRV Racing Appeals and Disciplinary Board

(1)On and after the commencement of section 11 of the amending Act—

(a)the GRV Racing Appeals and Disciplinary Board is taken to be the same body as it was immediately before that commencement; and

(b)no decision, matter or thing is to be affected because of the amendments made by section 11 of the amending Act; and

(c)a member of the GRV Racing Appeals and Disciplinary Board who held office as a member immediately before that commencement continues in office, subject to this Act, after that commencement on the same terms and conditions on which the member held office immediately before that commencement.

(2)Subsection (1) has effect despite anything to the contrary in section 83D as amended by section 11 of the amending Act.

(3)In this section—

GRV Racing Appeals and Disciplinary Board has the same meaning as in Part IIIA.".

Part 3—Amendment of Domestic Animals Act 1994

13Definitions

(1)In section 3(1) of the Domestic Animals Act 1994, in the definition of domestic animal business—

(a)in paragraph (b), after "to sell" insert

", other than GRV greyhounds";

(b)in paragraph (c), after "dogs or cats" insert

", other than GRV greyhounds".

(2)In section 3(1) of the Domestic Animals Act 1994 insert the following definitions—

"business code of practice means a code of practice made under section 59;

greyhound code of practice means a code of practice made under section 63AC;

Greyhound Racing Victoria has the same meaning as in Division 2 of Part III of the Racing Act 1958;

GRV greyhound means a greyhound registered with Greyhound Racing Victoria except a greyhound that has—

(a)gone through a greyhound adoption program operated by Greyhound Racing Victoria; or

(b)been retired from the industry and is being kept in the community as a pet by a person who is not registered by Greyhound Racing Victoria as a greyhound racing participant;

keeping in relation to a GRV greyhound, includes any one or more of the following activities—

(a)the breeding of a GRV greyhound;

(b)the rearing of a GRV greyhound;

(c)the training of a GRV greyhound;

(d)the breaking of a GRV greyhound;

(e)the racing of a GRV greyhound;

(f)the boarding of a GRV greyhound;

(g)any other activity that involves the care of a GRV greyhound;

Note

The breaking of a greyhound involves teaching the greyhound to jump from a starting box and to chase a lure.".

14New Part 4AA inserted

After Part 4 of the Domestic Animals Act 1994 insert—

"Part 4AA—Keeping of GRV greyhounds

63ACMaking of greyhound codes of practice

(1)The Minister may make a code of practice relating to the keeping of GRV greyhounds.

(2)A greyhound code of practice may specify all or any of the following—

(a)standards for the keeping, treatment, handling and care of GRV greyhounds;

(b)standards for the facilities, equipment and conditions at premises where GRV greyhounds are being kept;

(c)standards for the procedures and practices to be adopted in relation to the keeping of GRV greyhounds.

(3)A greyhound code of practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether—

(a)wholly or partially or as amended by the code; or

(b)as formulated, issued, prescribed or published at the time the code is made or at any time before then.

Note

For the purposes of subsection (1) see section 3(1) for a definition of keeping in relation to a GRV greyhound.

63ADOperation and availability of greyhound code of practice

(1)A greyhound code of practice comes into operation on the later of—

(a)the day specified in the code (if any), which may be on or after the day on which the code is made; or

(b)the day that the code is published in the Government Gazette.

(2)A greyhound code of practice and any documents incorporated in a greyhound code of practice must be kept available for public inspection at the principal office of the Department and a copy of the code may be purchased by any person at that office on payment of the fee determined by the Minister.

63AE Non-compliance with greyhound code of practice an offence

(1)A person who, or body which, keeps a GRV greyhound must comply with any greyhound code of practice applying to the keeping of GRV greyhounds.

Penalty:In the case of a body corporate, 600 penalty units;

In any other case, 246 penalty units.

(2)If a body, being a partnership or an unincorporated body, contravenes subsection (1), each reference to the body in this section must be construed as a reference to each member of the partnership, or of the committee of management of the unincorporated body (as the case may be).".

15Payments to the Treasurer

After section 69(2) of the Domestic Animals Act 1994 insert—

"(3)Greyhound Racing Victoria must pay to the Treasurer $3.50 in respect of each registration fee collected by it in each financial year for the registration of a GRV greyhound.

(4)Payments made under subsection (3) are made for the purpose of the administration of this Act in relation to GRV greyhounds including—

(a)the education by the Department of persons or bodies that keep GRV greyhounds; and

(b)the training by the Department of authorised officers appointed under section 71A who are persons authorised under section 77A of the Racing Act 1958; and

(c)the making of greyhound codes of practice under section 63AC.

(5)In this section, GRV greyhound means a GRV greyhound whelped after 1 January 2011.".

16Due date for payments to the Treasurer

(1)In section 70 of the Domestic Animals Act 1994, after "Treasurer" insert "under section 69(1)".

(2)At the end of section 70 of the Domestic Animals Act 1994 insert—

"(2)Greyhound Racing Victoria must pay the money required to be paid to the Treasurer under section 69(3) in respect of a financial year not later than 31 July next following the end of that year.".

17Consequential amendments

On the coming into operation of an item in Schedule 1, the Domestic Animals Act 1994 is amended as set out in that item.

18Statute law revision amendment

In section 54(4) of the Domestic Animals Act 1994, in the definition of specified offence, for "1986 Act" substitute "Act 1986".

Part 4—Amendment of Prevention of Cruelty to Animals Act 1986

19Time for charging certain offences under this Act

In section 41AC of the Prevention of Cruelty to Animals Act 1986, after "section 10," insert "section 13,".

Part 5—Repeal of amending Act

20Repeal of amending Act

This Act is repealed on 1 August 2018.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

Schedule 1—Amendment of Domestic Animals Act 1994

Section 17

1In section 10B(1)(d), for "Code of Practice made under section 59" substitute "business code of practice".

2In section 15(4)(d)(ii), for "Code of Practice made under section 59" substitute "business code of practice".

3In section 33A(2)(b), for "Code of Practice made under section 59" substitute "business code of practice".

4In section 47(1A), for "Code of Practice made under section 59" substitute "business code of practice".

5In section 54(2)(a), for "Code of Practice" substitute "business code of practice".

6In section 58(2)(a), for "Code of Practice made under section 59" substitute "business code of practice".

7In section 58H(2)(a), for "Code of Practice" substitute "business code of practice".

8For the heading to Division 4 of Part 4 substitute—

"Division 4—Business codes of practice".

9In section 59—

(a)for the heading substitute—

"Making of business codes of practice";

(b)in subsection (1), for "Codes of Practice" substitute "business codes of practice";

(c)in subsections (2), (3) and (4), for "Code of Practice" substitute "business code of practice";

(d)in subsection (4)(a) and (b), for "Code" substitute "code".

10In section 60(1) and (2)(a), for "Code" substitute "code".

11In section 62—

(a)for "Code of Practice" substitute "business code of practice";

(b)for "Code in" substitute "code in".

12In section 63—

(a)for the heading substitute—

"Publication, operation and availability of business code of practice";

(b)in subsection (2), for "Code comes" substitute "business code of practice comes";

(c)in subsection (2)(a) (wherever occurring) and (b), for "Code" substitute "code";

(d)in subsection (3)—

(i)for "Code and" substitute "business code of practice and";

(ii)for "Code" (where secondly and thirdly occurring) substitute "code".

13In section 63A—

(a)for the heading substitute—

"Non-compliance with business code of practice an offence ";

(b)in subsection (1), for "Code of Practice made under section 59" substitute "business code of practice".

14In section 74—

(a)in subsection (1)(ca), after "Act" insert "that relates to an offence under this Act other than an offence under section 63AE";

(b)in subsection (1)(d), for "Code of Practice made under this Act" substitute "business code of practice";

(c)in subsection (1A)(c), for "Code of Practice made under this Act" substitute "business code of practice or greyhound code of practice";

(d)in subsection (1A), for "or animal registry services" substitute ", animal registry services or the keeping of GRV greyhounds";

(e)in subsection (1B)(d), for "Code of Practice made under this Act" substitute "business code of practice or greyhound code of practice";

(f)in subsection (1C)(d), for "Code of Practice made under this Act" substitute "business code of practice or greyhound code of practice".

15In section 76A(3)—

(a)for "section 63A of this Act" substitute "section 63A or 63AE";

(b)in subsection (3)(a), for "Code of Practice made under section 59" substitute "business code of practice or greyhound code of practice".

16In section 84O(3), for "Code of Practice made under section 59" substitute "business code of practice or greyhound code of practice".

17In section 84Q(2)(bb), for "section 63A" substitute "section 63A or 63AE".

18In section 84WA(1), for "or 63A" substitute ", 63A or 63AE".

19In the Table at the foot of section 85(1)—

(a)in Column 2 of the Table corresponding with the item in Column 1 relating to authorised officers appointed under section 71A, for "63A," substitute "63A, 63AE,";

(b)in Column 2 of the Table corresponding with the item in Column 1 relating to authorised officers appointed under section 72, for "63A," substitute "63A, 63AE,".

20In section 88, for "section 63A" substitute "section 63A or 63AE".

21In section 100(1)(fc), for "section 63A" substitute "section 63A or 63AE".

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Endnotes

1   General information

See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 9 December 2015

Legislative Council: 25 February 2016

The long title for the Bill for this Act was "A Bill for an Act to amend the Racing Act 1958 in relation to Greyhound Racing Victoria, the GRV Racing Appeals and Disciplinary Board, the Racing Integrity Commissioner, the use of animals as lures in greyhound races, certain enforcement powers and the use or disclosure of information, to amend the Domestic Animals Act 1994 in relation to codes of practice for the keeping of certain greyhounds and fees to be given by Greyhound Racing Victoria to the Treasurer, to amend the Prevention of Cruelty to Animals Act 1986 in relation to the time for charging certain offences under that Act and for other purposes."