National Security (Racing Restriction) Regulations

Legislation au C1942L00398 Regulations Not in force Legislative Instrument

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STATUTORY RULES.

1942. No 398.

––––––

REGULATIONS UNDER THE NATIONAL SECURITY ACT 1939-1940.*

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulations under the National Security Act 1939-1940.

Dated this seventeenth day of September, 1942.

(SGD.) GOWRIE.

Governor-General.

By His Excellency’s Command,

for and on behalf of the Minister of State for Defence.

––––––

National Security (Racing Restriction) Regulations.

Citation.

1. These Regulations may be cited as the National Security (Racing Restriction) Regulations.

Commencement.

2. These Regulations shall come into operation on the thirtieth day of September, One thousand nine hundred and forty-two.

Administration.

3. These Regulations shall be administered by the Prime Minister.

Definitions.

4. In these Regulations, unless the contrary intention appears—

“country area” means an area declared by the Premier of the State in which the area is situated, by notice published in the Government Gazette of the State, to be a country area;

“greyhound-racing” means racing between dogs in competitive pursuit of a lure activated by mechanical means;

“metropolitan area” means an area declared by the Premier of the State in which the area is situated, by notice published in the Government Gazette of the State, to be a metropolitan area;

“race-meeting” means any meeting at which horses, mares and geldings may compete and includes trotting contests.

 

* Notified in the Commonwealth Gazette on     , 1942.

6794.—Price 3d. 6/17.9.1942.


Prohibiting of meetings on first Saturday in each month.

5. A race-meeting or a meeting for greyhound-racing shall not be held on the first Saturday in any calendar month after the commencement of these Regulations.

Limitation of number of events.

6.—(1.) Not more than seven races or events shall be held at any race-meeting.

(2.) Not more than ten races or events shall be held at any meeting for greyhound-racing.

Hours of holding of meetings.

7. A race-meeting or a meeting for greyhound-racing shall not commence earlier than fifteen minutes before two o’clock in the afternoon nor continue later than fifteen minutes after five o’clock in the afternoon on any day, time being reckoned according to standard time in the capital city of the State in which the meeting is held.

Number of meetings in country areas not to be increased.

8. In any country area where a race-meeting or a meeting for greyhound-racing has not been conducted on each Saturday in each month during the period commencing on the first day of January, One thousand nine hundred and forty-two and ending on the thirtieth day of September, One thousand nine hundred and forty-two (in this regulation called “the previous period”), the number of race-meetings and meetings for greyhound-racing held in any month after the commencement of these Regulations shall not exceed the average number of such meetings held per month during the previous period.

Re-allocation of racing dates.

9.—(1.) Any re-allocation of dates for race-meetings which becomes necessary or desirable in consequence of the reduction made in the number of race-meetings which may be held shall be made by such authorities as in the respective States are authorized by law to allocate dates for race-meetings in those States.

(2.) Where, in any metropolitan area in any State, it becomes necessary by reason of these Regulations or any order under any other regulation made under the National Security Act 1939-1940 to reduce the number of race-meetings held in that area, the reduction shall, as between the racing clubs to which dates for race-meetings have, under laws in force prior to the commencement of these Regulations, been allocated, be as nearly as practicable, one-fourth of the number of meetings so allocated.

One race-meeting only to be held on any one day.

10. More than one race-meeting (other than a trotting contest) and more than one trotting contest shall not be held on any one day in each metropolitan area.

Nominations not to be published.

11. A person shall not, before the declaration of weights or handicaps for any race proposed to be held at any race-meeting, publish nominations for that race.

Tips of other newspapers not to be published.

12. A person shall not publish in any newspaper, anticipations published in any other newspaper, of any results of any proposed race-meeting or meeting or greyhound-racing.

Particulars of racing in other States not to be published.

13. A person shall not publish in any State particulars relating to the performances, form or comparative weights of any entrant for any race proposed to be held at any race-meeting to be held in any other State or anticipations of any results of any such race-meeting.


Excepted races.

14. Nothing in the last three preceding regulations shall apply to or in respect of any race specified in the Schedule to these Regulations.

Offences.

15.—(1.) Where any race-meeting or meeting for greyhound-racing is held in contravention of any provision of these Regulations, the owner or trustees of the race-course, and the club, association or person by or on behalf of which or whom the meeting was held and each member of the managing body of those trustees or that club or association and any person acting at the race-meeting as starter or judge shall be deemed to have contravened these Regulations.

(2.) It shall be a defence in any prosecution of a person deemed to have contravened these Regulations if he shows that the holding of the meeting in contravention of these Regulations was without his knowledge and that he did not have reasonable means of knowing that the meeting was being so held.

 

THE SCHEDULE.

STATE OF VICTORIA.

Melbourne Cup, Caulfield Cup, Caulfield Guineas, Oaks Stakes, Australian Cup, Newmarket Handicap, Victoria Derby, Moonee Valley Cup, St. Leger Stakes, Williamstown Cup, Grand National Hurdle, Grand National Steeple, Futurity Stakes and Sires Produce Stakes.

STATE OF NEW SOUTH WALES.

Metropolitan, St. Leger Stakes, Sydney Cup, Champagne Stakes, Derby, Doncaster Handicap, Villiers Stakes, Epsom Handicap, Sires Produce Stakes and Summer Cup.

STATE OF QUEENSLAND.

Queensland Cup, Brisbane Cup, Derby Stakes, Stradbroke Handicap, Doomben Cup and Doomben Newmarket Handicap.

STATE OF SOUTH AUSTRALIA.

South Australian Derby, Adelaide Cup, Adelaide Birthday Cup, Port Adelaide Cup and Goodwood Handicap.

STATE OF WESTERN AUSTRALIA.

Karrakatta Plate, Perth Cup, Imperial Stakes, Derby, Kalgoorlie Cup and Railway Stakes.

STATE OF TASMANIA.

Hobart Cup and Launceston Cup.

 

By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.

 

Overview

The National Security (Racing Restriction) Regulations 1942 were enacted to address the need for restrictions on horse and greyhound racing during a period of national security concern. These regulations were made under the National Security Act 1939-1940 and were introduced by the Governor-General in Council, signifying the urgency and national importance of the measures. The primary policy objective of these regulations was to minimise the strain on resources and public attention during wartime by reducing the number of race meetings and events, and by restricting the timing and publication of racing-related information. The regulations also sought to ensure that any reduction in racing events was managed fairly among the racing clubs.

Scope and Application

The National Security (Racing Restriction) Regulations, made under the National Security Act 1939-1940, apply to the conduct of horse racing and greyhound racing meetings within Australia, specifically in areas designated as metropolitan and country by the respective State Premiers. These Regulations impose restrictions on the frequency, number of events, and timing of racing meetings, as well as limitations on the publication of race-related information. Notably, they prohibit race-meetings or greyhound-racing events on the first Saturday of each month, limit the number of events per meeting, restrict the hours within which meetings can commence and continue, and prohibit the publication of race nominations and anticipations in newspapers. These restrictions do not apply to specified races listed in the Schedule. The Regulations are administered by the Prime Minister and apply nationally, with enforcement varying according to state laws. However, certain races, such as the Melbourne Cup and the Caulfield Cup in Victoria, are explicitly excluded from these restrictions. The Regulations also provide a defence for individuals who can prove they were unaware of the contravention of these restrictions, provided they had no reasonable means of knowing about them.

Key Provisions

The National Security (Racing Restriction) Regulations, made under the National Security Act 1939-1940, impose several restrictions on horse and greyhound racing to conserve resources during a time of national security concern. Key provisions include the prohibition of race meetings on the first Saturday of each month (Section 5), a limit of seven races per meeting for horse racing and ten races for greyhound racing (Section 6), and a restriction on the hours during which meetings may be held, specifically between 2:15 PM and 5:15 PM (Section 7). Additionally, the number of meetings in country areas must not exceed the average number held during a specified previous period (Section 8), and only one race meeting (excluding trotting contests) and one trotting contest may be held on any given day in metropolitan areas (Section 10). The regulations impose obligations on various parties, including race-course owners, trustees, and clubs, to ensure compliance with the restrictions. They are also responsible for ensuring that their staff, including starters and judges, adhere to the rules. Notably, if a meeting is held in contravention of the regulations, these parties are deemed to have contravened them unless they can demonstrate that the contravention occurred without their knowledge and that they had no reasonable means of knowing about it (Section 15(2)). Breaching the regulations can result in serious consequences. According to Section 15(1), anyone found to have contravened the regulations, including the race-course owner or trustees, the club or association, and members of the managing body, as well as starters and judges, will be deemed to have contravened the regulations. However, it is a defence in any prosecution if the person can prove that they did not know about the contravention and had no reasonable means of knowing about it. The specific penalties for these offences are not detailed in the provided excerpt, but under the National Security Act 1939-1940, breaches could potentially incur substantial fines or imprisonment.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.