Untitled document
Racing and Gaming Acts (Amendment) Act 2004
Act No. 45/2004
table of provisions
Section Page
Part 1—Preliminary
1.Purposes
2.Commencement
Part 2—Amendment of Racing Act 1958
3.Principal Act
4.Definitions in Part II
5.Function of Harness Racing Victoria
6.New sections 44B and 44C inserted
44B.Consultation procedures to be established
44C.Reporting on consultations
7.Harness Racing Victoria Fund and finances of Board
8.Definitions in Part III
9.Functions of Greyhound Racing Victoria
10.New sections 75B and 75C inserted
75B.Consultation procedures to be established
75C.Reporting on consultations
11.Appeals to the Tribunal
12.Appeals by Stewards to the Tribunal
13.Hearing of appeals
Part 3—Amendment of Lotteries Gaming and Betting Act 1966
14.Restrictions on publication etc. of information concerning
betting etc.
Part 4—Amendment of Gambling Regulation
Act 2003
15.Amendment of reference to Part in commencement provision
16.Other amendments to commencement provision
17.Definitions
18.Minor amendments to non-application provision in Part 4 of Chapter 2
19.What are betting houses and places of betting?
20.Exceptions to section 2.5.15
21.Penalty for communicating certain racing information while
race meeting is being held22.Obstructing entry to be evidence of house being a common gaming house
23.Determination of applications
24.Renewal of special employee's licence
25.Return of licence on suspension or cancellation
26.Payment to Community Support Fund
27.Claims for prize
28.New heading to section 5.5.9 substituted
29.Unclaimed prizes
30.Minister may declare company to be participant
31.Meaning of interactive game
32.Interactive gaming licence non-transferable
33.Letter of censure
34.Renewal of bingo centre employee's licence
35.Functions of Commission
36.New section 10.3.3 substituted
10.3.3Payments from the Community Support Fund
37.General investigations
38.Repeal of unintended penalty provision
39.Subject matter for Regulations
40.New transitional provision in relation to unclaimed prizes under the Public Lotteries Act 2000
Part 5—Amendment of Confiscation Act 1997
41.Automatic forfeiture offences
Part 6—Amendment of ANZAC Day Act 1958
42.Amendment of note in Schedule to Act
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Endnotes
Racing and Gaming Acts (Amendment) Act 2004
[Assented to 16 June 2004]
The Parliament of Victoria enacts as follows:
Part 1—Preliminary
1.Purposes
The main purposes of this Act are—
(a)to amend the Racing Act 1958—
(i)to expressly require Harness Racing Victoria and Greyhound Racing Victoria to consult with, and facilitate consultation among, relevant harness racing and greyhound racing industry participants, and to report on these consultations in their respective reports of operations;
(ii)to further provide for appeals to the Racing Appeals Tribunal;
(iii)to enable the Racing Appeals Tribunal to receive evidence not on oath, or by way of affirmation or declaration;
(b)to amend the Lotteries Gaming and Betting Act 1966 to remove the requirement that bookmakers obtain the Minister's approval before printing or posting notices indicating provisional betting odds in respect of certain combinations of races;
(c)to amend the Gambling Regulation Act 2003—
(i)to make statute law revision changes;
(ii)to, in respect of the Community Support Fund, change the amount to be paid into the Community Support Fund for the financial year commencing 1 July 2004 and each of the following 4 financial years, and alter the order of priority of payments out of the Community Support Fund;
(iii)to remove the requirement that bookmakers obtain the Minister's approval before publishing or disseminating a notice indicating provisional betting odds in respect of certain combinations of races;
(iv)to alter the period of time within which a person may claim a lottery prize from a public lottery licensee under the Act, and the method by which unclaimed lottery prizes are dealt with under the Act;
(d)to amend the Confiscation Act 1997 to repeal the item in Schedule 2 to that Act which listed certain offences under the Gaming and Betting Act 1994 as automatic forfeiture offences for the purposes of the Confiscation Act 1997;
(e)to amend the ANZAC Day Act 1958 to make minor changes of a statute law revision nature.
2.Commencement
(1)This Part and Part 4 (except section 15) come into operation on the day after the day on which this Act receives the Royal Assent.
(2)Section 15 is deemed to have come into operation on 17 December 2003.
(3)Part 5 comes into operation on the day on which section 12.1.1(b) of the Gambling Regulation Act 2003 comes into operation.
(4)Part 6 comes into operation on the day on which section 12.1.1(f) of the Gambling Regulation Act 2003 comes into operation.
(5)Subject to sub-section (6), the remaining provisions of this Act come into operation on a day or days to be proclaimed.
(6)If a provision of this Act does not come into operation before 1 July 2005, it comes into operation on that day.
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Part 2—Amendment of Racing Act 1958
3.Principal Act
In this Part, the Racing Act 1958 is called the Principal Act.
4.Definitions in Part II
(1)In section 38 of the Principal Act, after the definition of "harness racing club" insert—
' "harness racing industry participant" means—
(a)a harness racing club (other than the Board); or
(b)an association or body (whether incorporated or unincorporated)—
(i)the members of which are owners, breeders, trainers or drivers of horses which compete in harness races, or bookmakers registered under Part IV; and
(ii)which represents and promotes the interests of those members; or
(c)an association or body involved in harness racing declared to be a harness racing industry participant under sub-section (2);'.
(2)At the end of section 38 of the Principal Act insert—
'(2)For the purposes of paragraph (c) of the definition of "harness racing industry participant", the Minister may, in writing, declare an association or body (whether incorporated or unincorporated)—
(a)the members of which are persons or bodies involved in harness racing; and
(b)that is not an association or body referred to in paragraph (a) or (b) of the definition of "harness racing industry participant"—
to be a harness racing industry participant.'.
5.Function of Harness Racing Victoria
In section 44 of the Principal Act—
(a)in paragraph (a), after "racing;" insert "and";
(b)after paragraph (b) insert—
"(ba)to consult with harness racing industry participants and facilitate consultation amongst harness racing industry participants; and".
6.New sections 44B and 44C inserted
After section 44A of the Principal Act insert—
"44B.Consultation procedures to be established
The Board must establish proper procedures to consult with harness racing industry participants and to facilitate consultation amongst harness racing industry participants.
44C.Reporting on consultations
The Board must, in every report of operations under Part 7 of the Financial Management Act 1994—
(a)include details of—
(i)all of its consultations with harness racing industry participants, including the harness racing industry participants with which it consulted in each case; and
(ii)all cases where it has facilitated consultation amongst harness racing industry participants; and
(iii)every decision made following consultation with harness racing industry participants; and
(b)set out the procedures required to be established in accordance with section 44B .".
7.Harness Racing Victoria Fund and finances of Board
In section 46(3)(a) of the Principal Act—
(a)omit "Subject to sub-section (3A),";
(b)after sub-paragraph (ii) insert—
"(iia)for consulting with harness racing industry participants;
(iib)for harness racing industry participants to participate in consultations with the Board;".
8.Definitions in Part III
In section 51 of the Principal Act insert the following definition—
' "greyhound racing industry participant" means—
(a)a greyhound racing club;
(b)an association or body (whether incorporated or unincorporated)—
(i)the members of which are owners, breeders or trainers of greyhounds which compete in greyhound races, or bookmakers registered under Part IV; and
(ii)which represents and promotes the interests of those members;
(c)an association or body involved in greyhound racing declared to be a greyhound racing industry participant under sub-section (2);'.
(2)At the end of section 51 of the Principal Act insert—
'(2)For the purposes of paragraph (c) of the definition of "greyhound racing industry participant", the Minister may, in writing, declare an association or body (whether incorporated or unincorporated)—
(a)the members of which are persons or bodies involved in greyhound racing; and
(b)that is not an association or body referred to in paragraph (a) or (b) of the definition of "greyhound racing industry participant"—
to be a greyhound racing industry participant.'.
9.Functions of Greyhound Racing Victoria
After section 75(ad) of the Principal Act insert—
"(ae)to consult with greyhound racing industry participants and facilitate consultation amongst greyhound racing industry participants;".
10.New sections 75B and 75C inserted
After section 75A of the Principal Act insert—
"75B.Consultation procedures to be established
The Board must establish proper procedures to consult with greyhound racing industry participants and to facilitate consultation amongst greyhound racing industry participants.
75C.Reporting on consultations
The Board must, in every report of operations under Part 7 of the Financial Management Act 1994—
(a)include details of—
(i)all of its consultations with greyhound racing industry participants, including the greyhound racing industry participants with which it consulted in each case; and
(ii)all cases where it has facilitated consultation amongst greyhound racing industry participants; and
(iii)every decision made following consultation with greyhound racing industry participants; and
(b)set out the procedures required to be established in accordance with section 75B .".
11.Appeals to the Tribunal
Section 83K(4C) of the Principal Act is repealed.
12.Appeals by Stewards to the Tribunal
(1)For section 83KA(1) of the Principal Act substitute—
"(1)Subject to this Part, a Steward may appeal to the Tribunal—
(a)in the case of harness racing and greyhound racing, against a decision of the appropriate controlling body on an appeal to that body against a penalty originally imposed by the Steward;
(b)in the case of horse racing, against a decision of the horse racing appeals and disciplinary body.".
(2)In section 83KA(2) of the Principal Act, for "controlling body" substitute "appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires)".
(3)For section 83KA(4) of the Principal Act substitute—
"(4)The determination of the Tribunal and any decision arising from it is binding upon the Steward, the person to whom it applies and—
(a)if the appeal was an appeal against a decision of Harness Racing Victoria, Harness Racing Victoria;
(b)if the appeal was an appeal against a decision of Greyhound Racing Victoria, Greyhound Racing Victoria;
(c)if the appeal was an appeal against a decision of the horse racing appeals and disciplinary body, Racing Victoria and the horse racing appeals and disciplinary body.".
(4)After section 83KA(5) of the Principal Act insert—
'(6)In this section "horse racing appeals and disciplinary body" means a body—
(a)the members of which are appointed by the directors of Racing Victoria under the Rules of Horse Racing, as made by Racing Victoria; and
(b)which has, as one of its functions, the function of hearing and determining appeals from decisions of Stewards under those rules.'.
13.Hearing of appeals
For section 83M(8)(b) of the Principal Act substitute—
"(b)shall be given on oath, or on affirmation or by declaration instead of on oath, unless the Tribunal gives leave for that evidence to not be so given.".
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Part 3—Amendment of Lotteries Gaming and Betting Act 1966
14.Restrictions on publication etc. of information concerning betting etc.
(1)In section 40(1) of the Lotteries Gaming and Betting Act 1966, for "referred to in such groups of races as the Minister may from time to time by notice published in the Government Gazette approve for the purposes of this section" substitute "—
(a)where each race is conducted in Australia and is ratified as being a Group 1, 2 or 3 race by the relevant national racing body; or
(b)in any other case, where each race is referred to in such groups of races as the Minister may from time to time by notice published in the Government Gazette approve for the purposes of this section".
(2)After section 40(1) of the Lotteries Gaming and Betting Act 1966 insert—
'(1A)In sub-section (1) "relevant national racing body" means—
(a)in relation to horse racing, the Australian Racing Board Limited A.C.N. 104 986 334;
(b)in relation to harness racing, the Australian Harness Racing Council Inc. incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory;
(c)in relation to greyhound racing, the body the members of which are—
(i)Greyhound Racing Victoria established under Division 2 of Part III of the Racing Act 1958; and
(ii)in relation to each other State and each Territory of the Commonwealth, the body established under, or recognised by, the law of that State or Territory as the controlling body for greyhound racing in that State or Territory.'.
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Part 4—Amendment of Gambling Regulation Act 2003
15.Amendment of reference to Part in commencement provision
In section 1.2(1) of the Gambling Regulation Act 2003, for "Part" substitute "Chapter".
16.Other amendments to commencement provision
(1)In section 1.2(2) of the Gambling Regulation Act 2003, after "sub-sections" insert "(2A),".
(2)After section 1.2(2) of the Gambling Regulation Act 2003 insert—
"(2A)Section 3.6.12 comes into operation on 1 July 2004.".
(3)In section 1.2(4) of the Gambling Regulation Act 2003, after "section" insert "3.6.12 or".
17.Definitions
In section 1.3(1) of the Gambling Regulation Act 2003—
(a)the definition of "approved bookmaker" appearing immediately after the definition of "associate" is repealed;
(b)after the definition of "approved betting competition" insert—
' "approved bookmaker" means—
(a)a registered bookmaker; or
(b)an approved bookmaking company;'.
18.Minor amendments to non-application provision in Part 4 of Chapter 2
In section 2.4.2 of the Gambling Regulation Act 2003—
(a)in paragraph (b), for "authorised bookmaker" substitute "approved bookmaker";
(b)in paragraph (c), omit "to" (where first occurring);
(c)in paragraphs (d), (e) and (f), omit "to".
19.What are betting houses and places of betting?
In section 2.5.1(1)(c) of the Gambling Regulation Act 2003, for "authorised bookmaker" substitute "approved bookmaker".
20.Exceptions to section 2.5.15
(1)In section 2.5.16(1)(b) of the Gambling Regulation Act 2003—
(a)for "authorised bookmaker" substitute "approved bookmaker";
(b)for "referred to in such groups of races as the Minister may approve from time to time by notice published in the Government Gazette" substitute "—
(i)where each race is conducted in Australia and is ratified as being a Group 1, 2 or 3 race by the relevant national racing body; or
(ii)in any other case, where each race is referred to in such groups of races as the Minister may approve from time to time by notice published in the Government Gazette".
(2)After section 2.5.16(1) of the Gambling Regulation Act 2003 insert—
'(1A)In sub-section (1)(b) "relevant national racing body" means—
(a)in relation to horse racing, the Australian Racing Board Limited, A.C.N. 104 986 334;
(b)in relation to harness racing, the Australian Harness Racing Council Inc. incorporated under the Associations Incorporation Act 1991 of the Australian Capital Territory;
(c)in relation to greyhound racing, the body the members of which are—
(i)Greyhound Racing Victoria established under Division 2 of Part III of the Racing Act 1958; and
(ii)in relation to each other State and each Territory of the Commonwealth, the body established under, or recognised by, the law of that State or Territory as the controlling body for greyhound racing in that State or Territory.'.
(3)In section 2.5.16(2) and (3) of the Gambling Regulation Act 2003 for "authorised bookmaker" substitute "approved bookmaker".
21.Penalty for communicating certain racing information while race meeting is being held
In section 2.5.18(2) of the Gambling Regulation Act 2003, for "authorised bookmaker" substitute "approved bookmaker".
22.Obstructing entry to be evidence of house being a common gaming house
In section 2.5.23(c)(iii) of the Gambling Regulation Act 2003, for "concealing" substitute "concealing,".
23.Determination of applications
In section 3.4.41(3) of the Gambling Regulation Act 2003, for "he or she" substitute "it".
24.Renewal of special employee's licence
In section 3.4.47(1) of the Gambling Regulation Act 2003, for "Director" substitute "Commission".
25.Return of licence on suspension or cancellation
In section 3.4.51 of the Gambling Regulation Act 2003, for "the special employee's licence of a licensee" substitute "a special employee's licence".
26.Payment to Community Support Fund
(1)In section 3.6.12(1) of the Gambling Regulation Act 2003, for "An" substitute "Subject to sub-section (1A), an".
(2)After section 3.6.12(1) of the Gambling Regulation Act 2003 insert—
"(1A)In respect of the financial year commencing on 1 July 2004 and each of the following 4 financial years, the total annual amount paid into the Community Support Fund under sub-section (1) is to be the amount paid to the Consolidated Fund under section 3.6.6(2)(c) in respect of that financial year less $45 000 000.".
(3)In section 3.6.12(2) of the Gambling Regulation Act 2003, for "The" substitute "Subject to sub-section (1A), the".
27.Claims for prize
In section 5.5.8(1) of the Gambling Regulation Act 2003, for "within 12 months after the end of the lottery" substitute "and that prize has not been paid to the Treasurer in accordance with section 5.5.9(1)".
28.New heading to section 5.5.9 substituted
For the heading to section 5.5.9 of the Gambling Regulation Act 2003 substitute—
"Unclaimed prizes".
29.Unclaimed prizes
For section 5.5.9(1) of the Gambling Regulation Act 2003 substitute—
'(1)On or before the last day of each month (the "payment month"), the public lottery licensee must pay to the Treasurer an amount equal to the sum of all prizes won that have remained unclaimed for—
(a)in the case of a payment month before June 2005—not less than 12 months on the first day of that payment month;
(b)in the case of the payment month of June 2005 and each subsequent payment month—not less than 6 months on the first day of that payment month—
less the expenses of the public lottery licensee reasonably incurred in searching for the persons entitled to those prizes.'.
30.Minister may declare company to be participant
In section 6.5.1(1)(a) and (3) of the Gambling Regulation Act 2003, for "trustees" substitute "Trustees".
31.Meaning of interactive game
In section 7.1.3(2)(b) of the Gambling Regulation Act 2003, for "authorised bookmaker" substitute "approved bookmaker".
32.Interactive gaming licence non-transferable
In section 7.3.7 of the Gambling Regulation Act 2003 omit "be".
33.Letter of censure
In section 7.3.12(2) of the Gambling Regulation Act 2003, for "within" substitute "with in".
34.Renewal of bingo centre employee's licence
In section 8.5.28(1) of the Gambling Regulation Act 2003, for "Director" substitute "Commission".
35.Functions of Commission
In section 10.1.4(2)(f) of the Gambling Regulation Act 2003, for "interactive gaming" substitute "interactive gaming,".
36.New section 10.3.3 substituted
For section 10.3.3 of the Gambling Regulation Act 2003 substitute—
"10.3.3Payments from the Community Support Fund
The Minister may apply money in the Fund—
(a)first, for either or both of the following—
(i)for payment of such amounts as are determined by the Minister for the performance by the Panel of its functions under section 10.2.3;
(ii)for payment for or towards the provision of programs for or purposes relating to the prevention of excessive gambling or for the treatment or rehabilitation of persons who gamble to problem levels;
(b)secondly, for payment for or towards the provision of any one or more of the following—
(i)programs for the treatment or rehabilitation of persons who are addicted to or abuse drugs;
(ii)educational programs relating to drug addiction or drug abuse;
(iii)programs for financial counselling services or support and assistance for families in crisis;
(iv)programs for the benefit of youth;
(v)research or pilot programs relating to community advancement programs;
(vi)programs for the benefit of sport or recreation;
(vii)programs for the promotion or benefit of the arts;
(viii)programs establishing or developing tourist destinations or facilities or services or for the purposes of promoting tourism;
(ix)any other programs or purposes relating to the support or advancement of the community as determined by the Minister;
(c)thirdly, for payment of costs incurred in administering and managing the Fund and monitoring and reporting on the application of money from the Fund and for payment to members of the Panel of their remuneration as members.".
37.General investigations
In section 10.4.9(2)(b) and (c) of the Gambling Regulation Act 2003, for "authority" substitute "authorisation".
38.Repeal of unintended penalty provision
The penalty at the foot of section 10.5.28(4) of the Gambling Regulation Act 2003 is repealed.
39.Subject matter for Regulations
(1)Item 3.27 of Schedule 1 to the Gambling Regulation Act 2003 is repealed.
(2)After Part 3 of Schedule 1 to the Gambling Regulation Act 2003 insert—
"PART 3A—WAGERING, GAMING AND BETTING
3.27Any matter in relation to which betting rules may be made.
3.28Requirements relating to betting rules.
3.29Major and minor changes for the purposes of section 4.3.30.
3.30Functions and powers of a licensee appointed under section 4.3.33.".
(3)After item 5.1 of Schedule 1 to the Gambling Regulation Act 2003 insert—
"5.2Forms.".
40.New transitional provision in relation to unclaimed prizes under the Public Lotteries Act 2000
After clause 5.9(2) of Schedule 7 to the Gambling Regulation Act 2003 insert—
"(3)Despite the repeal of the Public Lotteries Act 2000, every prize in a public lottery conducted in June 2004 under that Act that remains unclaimed as at the expiration of 31 May 2005 must be paid to the Treasurer in accordance with section 5.5.9(1) as if that public lottery were a public lottery conducted under this Act.".
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Part 5—Amendment of Confiscation Act 1997
41.Automatic forfeiture offences
In Schedule 2 to the Confiscation Act 1997—
(a)i tem 2C is repealed;
(b)in items 3A and 5, after "2C" insert "(as in force immediately before its repeal by section 41(a) of the Racing and Gaming Acts (Amendment) Act 2004)".
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Part 6—Amendment of ANZAC Day Act 1958
42.Amendment of note in Schedule to Act
In the Schedule to the ANZAC Day Act 1958—
(a)before "Labour and Industry Act 1958" insert "Gambling Regulation Act 2003";
(b)omit "Lotteries Gaming and Betting Act 1966".
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Endnotes
Minister's second reading speech—
Legislative Assembly: 6 May 2004
Legislative Council: 2 June 2004
The long title for the Bill for this Act was "to amend the Racing Act 1958, the Lotteries Gaming and Betting Act 1966, the Gambling Regulation Act 2003, the Confiscation Act 1997, the ANZAC Day Act 1958 and for other purposes."
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