Part I Race-Courses and Race-Meetings 3

Version No. 135 Racing Act 1958 No. 6353 of 1958 Version incorporating amendments as at 1 January 2009

TABLE OF PROVISIONS

Section Page 1 Short title and commencement 1 2 Repealed 2

PART I—RACE-COURSES AND RACE-MEETINGS 3 Division 1—Preliminary 3 3 Definitions 3 3A Certification of company to be Racing Victoria 12 3B Repeal or modification of constitution of Racing Victoria 13 Division 2—Legality of betting 14 4 Betting with registered bookmaker 14 4A Methods of remote betting 15 5 Rules and regulations about business at race-courses, bookmakers etc. 15 Division 2A—Club betting permits 18 5A Betting in accordance with club betting permits 18 5B Grant of club betting permits 18 5C Conditions of the permits 19 5D Revocation of permits 19 Division 3—Regulation of race-meetings 20 6 Holding of race-meetings 20 6A Repealed 21 7 Transfer of race-meeting to another race-course 21 8–14 Repealed 21 14A Duration of race-meetings 21 14B Dates and times for horse racing 22 15–17 Repealed 22 18 Picnic race-meetings 22 18A Repealed 22

i 19 Picnic race-meetings and mixed sports gatherings in country 23 19AA Repealed 24 19A Restricted harness racing meetings 24 20 Point-to-point steeplechases held by hunt clubs 26 21 Charitable race-meetings on metropolitan race-courses in excess of statutory number 27 22 Harness races at agricultural shows 28 22A Race-meetings on ANZAC Day 30 22B Penalty for failure to supply statement of receipts and expenditure or pay net profit from race-meeting to Fund 32 22C Repealed 32 23 Penalty for holding unauthorized race-meeting 33 Division 4—Issue of licences, &c. 33 24 Race-course licence 33 24A Racing-club licence 35 25 Map of race-course 37 26 Rules of the club 37 27, 28 Repealed 38 29 Licences not to authorize benefit meetings 38 30, 31 Repealed 39 32 Licences for harness race-meetings held by Harness Racing Victoria 39 Division 5—Exclusion orders by Chief Commissioner of Police 40 33 Exclusion orders by Chief Commissioner of Police 40 34 Duration of exclusion orders 41 35 List and photographs of excluded persons 41 35A Provision of list and photographs to stewards 42 35B Excluded person not to enter race-course 42 35C Notifying police of presence of excluded persons 42 35D Police powers of entry to a race-course 43 Division 5A—Repealed 43 Division 6—Miscellaneous 43 36 Regulations 43 37 No right to compensation 44

PART II—HARNESS RACING VICTORIA 45 38 Definitions 45 39 Harness Racing Victoria 47 40 Term of office 48 41 Vacancies 48 42 Meetings 49 43 Chief Executive Officer and other officers 50

ii 44 Function of Board 51 44AA Board may act as venue operator 52

44A Borrowings by Board 52 44B Consultation procedures to be established 52 44C Reporting on consultations 53 45 Registration etc. of clubs, horses and persons participating in harness racing 53 45AAA, 45AA Repealed 55 45A Disclosure of pecuniary interest 55 46 Harness Racing Victoria Fund and finances of Board 58 47 Repealed 61 48 Agreement with Royal Agricultural Society and its alteration 61 49 Rules of Board 62 49A Appeals to the Board 62 49B Panel of persons for selection for hearing and determining appeals 63 49C Panel of assessors 64 50 Regulations of Governor in Council 65

PART III—GREYHOUND RACING 66 51 Definitions 66 Division 1—Restrictions on, and licences for, greyhound racing 69 52 Repealed 69 52A Plumpton coursing with mechanical quarry 70 52B Greyhound racing permits 71 53–54A Repealed 72 55 All speed coursing to be mechanical 72 56–63 Repealed 72 63A Greyhound races on ANZAC Day 73 64 Penalties for holding greyhound races in contravention of this Division etc. 75 65 Returns to be lodged by promoters of greyhound races 76 66 Provision in case of offence by body corporate 76 67 Repealed 77 68 Regulations 77 Division 2—Greyhound Racing Victoria 78 69 Constitution of Board 78 70 Term of office 80 71 Vacancies 80 72 Who to preside 81 73 Chief executive officer and other officers of Board 82 74 Travelling expenses and fees 83 75 Functions of Board 83

iii 75A Disclosure of pecuniary interest 84 75B Consultation procedures to be established 86

75C Reporting on consultations 87 76 Fund and finances of Board 87 76A Borrowings by Board 88 Division 3—General control of greyhound racing 88 77 Registration etc. of clubs and persons participating in greyhound racing 88 77A Member of Board etc. may enter and inspect etc. 90 78, 79 Repealed 91 79A Greyhound trials and training 92 80 Appeals to the Board 92 80A Repealed 93 81 Panel of persons for selection for hearing and determining appeals 93 81A Panel of assessors 94 82 Rules of Board 94 83 Regulations 96

PART IIIA—Repealed 97 83A–83E Repealed 97

PART IIIB—RACING APPEALS TRIBUNAL 98 83F Definitions 98 83G Racing Appeals Tribunal 100 83H Chairman and Deputy Chairmen 100 83I Panel of advisers 101 83J Registrar 103 83K Appeals to the Tribunal 104 83KA Appeals by Stewards to the Tribunal 109 83L Constitution of Tribunal 110 83M Hearing of appeals 111 83MA Protection of members, legal practitioners and witnesses 113 83MB Contempt of Tribunal 113 83N Offence 114 83NA Jurisdiction to hear and determine racing matters 114 83NB Costs of Tribunal 115 83O Regulations 115

PART IIIC—REVIEW BY VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL 117 83P Definitions 117 83Q Review by VCAT of occupational racing licences 117

iv 83R Review by VCAT of bookmaking licences 118 83S Time limit for applying for review 119

PART IV—REGISTERED BOOKMAKERS AND CONTROLLING BODIES 120 84 Definitions 120 85–90 Repealed 125 91 Requirements for bookmakers to carry on business 129 91A Controlling bodies may make rules 130 91AB Approved substitutes 131 91B Bookmaker's licence levy 132 91C Bookmaking development fund 134 91D Ministerial approval of rules and guidelines 135 91E Provision of information regarding betting records 136 92 Production of documents by bookmakers and bookmaker's key employees 137 93–94 Repealed 138 94A Guarantee of bookmakers against defaults in payment of wagers 138 95 Regulations 145

PART IVA—RACING VICTORIA CENTRE LAND 147 95A Application of Part 147 95B Definition 147 95C Surrender of Racing Victoria Centre land 147 95D Crown lease 148 95E Power to enter agreements to use, sub-lease or assign interest in Racing Victoria Centre land 149 95F Registrar of Titles to make necessary amendments 149

PART V—GENERAL 151 96 Transitional provision on repeal of Part VI 151 96AA Transitional provision for change in membership of Committee—Racing Acts (Amendment) Act 2002 151 96A Transitional provision for introduction of Racing Victoria— Racing (Racing Victoria Ltd) Act 2001 151 96B Operation of Racing (Racing Victoria Ltd) Act 2001 154 96C Transitional provision for change of expiry date of certificates of registration—Racing Acts (Amendment) Act 2002 154

PART VI—TRANSITIONAL PROVISIONS 156 97 Definition 156 98 Transitional provision for changes to Harness Racing Victoria—Racing and Betting Acts (Amendment) Act 2001156

v 99 Transitional provision for change to Greyhound Racing Victoria —Racing and Betting Acts (Amendment) Act 2001 156 100 Transitional provision for change in registration of greyhounds—Racing and Betting Acts (Amendment) Act 2001 157 101–116ZB Repealed 150 117–129 Repealed 157 ______

SCHEDULES 159 SCHEDULE 1—Requirements for the constitution of Racing Victoria 159 1 Incorporation of the company 159 2 Members 159 3 Object 159 4 Powers and functions 160 5 Board of Directors 161 6 Chairperson and deputy chairperson 163 7 Terms of appointment 163 8 Casual vacancies 164 9 Quorum 164 10 Voting 165 11 Remuneration 165 12 Consultation 165 13 Appointment Panel 166 14 Chairperson of Appointment Panel 169 15 Voting on decisions 169 16 Process for determining representative nominee 170 17 Alteration etc. of the constitution 170 18 Definitions 170

SCHEDULE 2—Specified Race-courses 171 SCHEDULES 3, 4—Repealed 159 ═══════════════

ENDNOTES 178 1. General Information 178 2. Table of Amendments 179 3. Explanatory Details 194

vi Version No. 135 Racing Act 1958 No. 6353 of 1958

Version incorporating amendments as at 1 January 2009

An Act to consolidate the Law relating to Horse Pony Trotting Long title amended by and Greyhound Racing, the Registration of Bookmakers and No. 8209 their Clerks, and Totalizators. s. 21(1)(a)(i).

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1 Short title and commencement S. 1 amended by Nos 6619 s. 2, This Act may be cited as the Racing Act 1958, 6790 s. 2, and shall come into operation on a day to be fixed 6836 s. 2(a) (b), 7082 by proclamation of the Governor in Council s. 2(a)(b), published in the Government Gazette. 7684 s. 2(a)(i) (ii)(b), 8209 ss 11, 18(2), 21(1)(a)(ii), 8566 s. 2, 8975 s. 2(5), 9201 s. 22 (as amended by No. 9427 s. 6(1)(Sch. 5 item 152)), 9427 s. 6(1) (Sch. 5 item 151), 9671 s. 23, 9924 s. 3(a)(i)(ii), 10184 s. 22(a) (b), 125/1986 s. 14(a).

1 s. 2

S. 2 * * * * * repealed by No. 49/1993 s. 13(1).

______

2 s. 3

PART I—RACE-COURSES AND RACE-MEETINGS

Division 1—Preliminary

3 Definitions No. 6070 s. 3. (1) In this Part unless inconsistent with the context or subject-matter— approved betting event has the same meaning as S. 3(1) def. of approved in the Gambling Regulation Act 2003; betting event inserted by No. 18/2007 s. 6(a).

* * * * * S. 3(1) def. of approved bookmaking company inserted by No. 19/2002 s. 3, repealed by No. 73/2008 s. 3(2). approved substitute means a registered S. 3(1) def. of approved bookmaker's key employee approved under substitute section 91AB by a controlling body to carry inserted by No. 73/2008 on the business of a registered bookmaker; s. 3(1).

* * * * * S. 3(1) def. of Authority inserted by No. 37/1994 s. 174(a), repealed by No. 114/2003 s. 12.1.3(Sch. 6 item 10.1(a)). betting contingency includes any event or S. 3(1) def. of betting contingency; contingency inserted by No. 16/2001 s. 3(1)(a).

3 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 3

S. 3(1) def. of * * * * * Board repealed by No. 37/1994 s. 174(b).

S. 3(1) def. of bookmaker's key employee has the same meaning bookmaker's key employee as in the Gambling Regulation Act 2003; inserted by No. 73/2008 s. 3(1).

S. 3(1) def. of charitable purposes means— charitable purposes amended by (a) the aiding of any institution or No. 8344 benevolent society within the meaning s. 26(3)(a). of the Hospitals and Charities Act 1958 or, if approved for the purposes of this Part by the Minister by writing under his hand, of any hospital asylum institution or society affording charitable relief within the meaning of that Act which is exempted from the operation of that Act; (b) the aiding of the funds of any public authority in Victoria engaged in research into the cause prevention or cure of disease in human beings; or (c) the affording of charitable relief within the meaning of that Act to any diseased infirm incurable poor or destitute person or persons; S. 3(1) def. of chief steward, in relation to a controlling body, chief steward inserted by means— No. 55/2005 s. 3(1)(a). (a) in the case of horse racing, the person appointed as chairman of stewards by Racing Victoria;

(b) in the case of harness racing, the person appointed as chairman of stewards by Harness Racing Victoria; (c) in the case of greyhound racing, the person appointed as chief steward by Greyhound Racing Victoria; club includes club society or other association by whatever name called; club betting permit means a permit issued under S. 3(1) def. of club betting Division 2A of Part 1; permit inserted by No. 97/1998 s. 4.

Commission means Victorian Commission for S. 3(1) def. of Commission Gambling Regulation established by the inserted by Gambling Regulation Act 2003; No. 114/2003 s. 12.1.3(Sch. 6 item 10.1(b)). conduct includes conduct carry on manage or to assist in doing any of these things; controlling body has the same meaning as in S. 3(1) def. of controlling Part IIIB; body inserted by No. 55/2005 s. 3(1)(a). domestic partner of a person means— S. 3(1) def. of domestic partner (a) a person who is in a registered inserted by relationship with the person; or No. 72/2001 s. 3(Sch. (b) an adult person to whom the person is item 11.1), substituted b not married but with whom the person y No. 12/2008 is in a relationship as a couple where s. 73(1)(Sch. one or each of them provides personal 1 item 50.1). or financial commitment and support of a domestic nature for the material benefit of the other, irrespective of their genders and whether or not they are

living under the same roof, but does not include a person who provides domestic support and personal care to the person— (i) for fee or reward; or (ii) on behalf of another person or an organisation (including a government or government agency, a body corporate or a charitable or benevolent organisation); S. 3(1) def. of exclusion order means a written order under exclusion order section 33; inserted by No. 55/2005 s. 3(1)(a).

General Post Office Melbourne means the post office situate at the corner of Bourke-street and Elizabeth-street in the city of Melbourne; S. 3(1) def. of greyhound race means a race in which greyhound race greyhounds compete; inserted by No. 37/1994 s. 174(a).

S. 3(1) def. of harness race means a race in which horses harness race inserted by compete moving at a gait generally known as No. 9671 pacing or trotting; s. 24(b), substituted by No. 37/1994 s. 174(c).

S. 3(1) def. of horse race means a race in which horses compete horse race inserted by but does not include a harness race; No. 37/1994 s. 174(a).

6 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 3 metropolitan race-course means any of the S. 3(1) def. of following: the Flemington race-course, the metropolitan race-course Caulfield race-course, the Moonee Valley inserted by race-course, the Sandown race-course or any No. 9924 s. 4, amended by race-course within 32 kilometres of the No. 37/1994 General Post Office Melbourne which the s. 174(d). Minister, by notice published in the Government Gazette, declares to be a metropolitan race-course; mixed sports gathering means— S. 3(1) def. of mixed sports gathering (a) a meeting for foot races bicycle races or substituted by any other games exercises pastimes or No. 9050 s. 2(a), contests of a kind usually conducted amended by carried on contested or decided on any Nos 9671 s. 24(a)(c), land whatsoever to which persons are 49/1987 admitted either at all times or only at s. 4(a)(b), 17/1992 certain times (whether on payment of s. 4(1)(a)(b), an entrance fee or charge or otherwise) 16/2001 for the purpose of taking part in or s. 3(1)(b). witnessing any such races games exercises pastimes or contests, being a meeting at which— (i) the races which take place include races of one or more of the following kinds, namely, horse races, pony races and harness races; * * * * * * * * * * * * * * * (b) a meeting for foot races bicycle races or any other games exercises pastimes or contests of a kind usually conducted carried on contested or decided on any land whatsoever to which persons are admitted either at all times or only at

certain times (whether on payment of an entrance fee or charge or otherwise) for the purpose of taking part in or witnessing any such races games exercises pastimes or contests, being a meeting— (i) at which no horse race pony race or harness race takes place; and (ii) which is conducted by a club or other body of persons approved by the Minister; S. 3(1) def. of * * * * * picnic race- meeting amended by Nos 9671 s. 24(a), 37/1994 s. 174(e), repealed by No. 16/2001 s. 3(1)(c).

S. 3(1) def. of police member means member of the force within police member the meaning of the Police Regulation Act inserted by 1958; No. 55/2005 s. 3(1)(a).

pony races or pony racing means races under conditions limiting the height of any horse eligible to compete therein to any height not exceeding fourteen hands two inches; S. 3(1) def. of * * * * * prescribed repealed by No. 37/1994 s. 174(b).

S. 3(1) def. of * * * * * professional jockey amended by Nos 8503 s. 2, 9671 s. 24(a), 49/1987 s. 5(1)(a)(b), repealed by No. 37/1994 s. 174(b). 8 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 3

race-course means land used for race-meetings; race-meeting means a meeting for the purpose of S. 3(1) def. of race-meeting horse racing, harness racing or greyhound amended by racing; No. 9671 s. 24(a), substituted by No. 37/1994 s. 174(f).

Racing Victoria means the company certified by S. 3(1) def. of Racing the Minister under section 3A(1) to be Victoria Racing Victoria; inserted by No. 35/2001 s. 3.

registered bookmaker has the same meaning as in S. 3(1) def. of registered the Gambling Regulation Act 2003; bookmaker inserted by No. 73/2008 s. 3(1).

registered bookmaker's key employee has the S. 3(1) def. of registered same meaning as in the Gambling bookmaker's Regulation Act 2003; key employee inserted by No. 73/2008 s. 3(1).

* * * * * S. 3(1) def. of regulations repealed by No. 37/1994 s. 174(b).

* * * * * S. 3(1) def. of restricted harness racing meeting inserted by No. 9269 s. 2, amended by Nos 9671 s. 24(d)(i)(ii), 125/1986 s. 4(a)(b), repealed by 9 No. 16/2001 s. 3(1)(c). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 3

S. 3(1) def. of specified race-course means— specified race-course inserted by (a) an area of land described in an item in No. 55/2005 Schedule 2; s. 3(1)(a). (b) an area of land prescribed by the regulations to be a specified race- course for the purposes of Division 5; S. 3(1) def. of * * * * * sporting contingency repealed by No. 16/2001 s. 3(1)(c). S. 3(1) def. of spouse of a person means a person to whom the spouse inserted by person is married; No. 72/2001 s. 3(Sch. item 11.1), amended by No. 55/2005 s. 3(1)(b).

S. 3(1) def. of steward has the same meaning as in Part IIIB. steward inserted by No. 55/2005 s. 3(1)(a).

S. 3(1) def. of * * * * * Trotting race repealed by No. 9924 s. 15(a).

S. 3(1A) (1A) For the purposes of the definition of domestic inserted by No. 72/2001 partner in subsection (1)— s. 3(Sch. item 11.2), (a) registered relationship has the same substituted b y No. 12/2008 meaning as in the Relationships Act 2008; s. 73(1)(Sch. and 1 item 50.2).

(b) in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case; and (c) a person is not a domestic partner of another person only because they are co-tenants. (2) For the purposes of this Part— (a) any reference in this Part to the distance of a race-course or a municipal district or part thereof from the General Post Office Melbourne shall be read and construed and take effect as if it were a reference to such distance measured according to the nearest practicable route (by road or railway or by road and railway, as the case may be) from such post office to such race-course or municipal district or part thereof; (b) a match or race between two horses only shall not be deemed a race-meeting. (3) In the construction of this Part, unless the contrary S. 3(3) amended by intention appears, a year shall be deemed to No. 17/1992 commence on the first day of August. s. 6(1). (4) Save as otherwise provided in this Part, any mixed S. 3(4) substituted by sports gathering held on any land whatsoever in No. 9050 Victoria shall be deemed to be a race-meeting for s. 2(b), amended by the purposes of this Act. No. 9671 s. 28, substituted by No. 16/2001 s. 3(2). (5) In this Part, the "duration of a race-meeting" must S. 3(5) inserted by be determined in accordance with section 14A. No. 55/2005 s. 3(2).

11 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 3A

S. 3A 3A Certification of company to be Racing Victoria inserted by No. 35/2001 (1) For the purposes of this Act, the Minister may s. 4. certify that a company is Racing Victoria. (2) The Minister must not make a certification under subsection (1) unless— (a) the company is registered as a company limited by guarantee; and (b) the Minister is satisfied that the constitution of the company includes provisions as set out in Schedule 1 or that are to the effect of the provisions set out in Schedule 1. (3) As soon as possible after making a certification under subsection (1), the Minister must cause the certification and a copy of the constitution of the company to be published in the Government Gazette. (4) A certification under subsection (1) has effect from the beginning of the day on which it is published in the Government Gazette. (5) Once the Minister has made a certification under subsection (1), the power to make the certification is exhausted and the Minister does not have the power to make any further certification under that subsection. S. 3B 3B Repeal or modification of constitution of Racing inserted by No. 35/2001 Victoria s. 4. (1) If Racing Victoria resolves, by special resolution, to modify or repeal its constitution or a provision of its constitution, the company, on making such a special resolution, must notify the Minister of the special resolution. (2) The Minister must cause a copy of a notification given under subsection (1) to be laid before each House of Parliament, on or before the first sitting day of that House that occurs on or after 30 days

12 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 3B4

from the day on which the Minister received the notification. (3) A House of Parliament may, on or before the 6th sitting day of that House after a copy of the notification is laid before it under subsection (2), resolve to disapprove the special resolution. (4) If a House of Parliament is prorogued or the Legislative Assembly is dissolved— (a) the prorogation or dissolution does not affect the power of the House to pass a resolution disapproving the special resolution; and (b) the calculation of sitting days of the House is to be made as if there had been no prorogation or dissolution. (5) Within 14 days after the last day on which a special resolution could be disapproved by a House of Parliament, the Minister must cause to be published in the Government Gazette a certification as to whether or not the special resolution has been disapproved by a House of Parliament. (6) A special resolution which has been disapproved by a House of Parliament has no effect. (7) A special resolution which has not been disapproved by either House of Parliament cannot have effect until on or after the publication of the certification under subsection (5). No. 6070 s. 4. Division 2—Legality of betting PtS. 41 Div. 2 (Heading)amended by amendedNos 7621 by No.s. 13(1), 73/2008 9050 s. 4.2(c), 9269 s. 3, 9671 s. 28, 9924 s. 14(a)(b), 4 Betting with registered bookmaker 125/1986 s. 5, 73/1988 s. 5, (1) Despite anything in the Gambling Regulation 12/1991 Act 2003 (except Divisions 5 and 6 of Part 5 of s. 3(a), substituted by No. 37/1994 s. 175, amended by 13 Nos 97/1998 s. 5, 16/2001 s. 4, 19/2002 s. 4, 114/2003 s. 12.1.3 (Sch. 6 item 10.2), 18/2007 s. 6(b)–(e), substituted b y No. 73/2008 s. 5. Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings

Chapter 4) or any other law, it is not a contravention of that Act or law, and a racecourse is not a common gaming house or place for the purposes of that Act, if a person bets by way of wagering— (a) on any horse race, harness race or greyhound race; or (b) on any approved betting event; or (c) on a group of races approved by the Minister under section 2.5.16(1)(b) of the Gambling Regulation Act 2003 or on a race from such a group of races— in accordance with this section. (2) The racecourse must be licensed under this Part. (3) The bet must be made— (a) with a registered bookmaker; or (b) with an approved substitute— who is present on the racecourse at the time the bet is made.

(4) The bet must be made— (a) during the holding of a race meeting at the racecourse by a person present on the racecourse; or (b) at any time by a person not present on the racecourse using a method of communication approved by the Minister under section 4A. (5) In this section, a reference to a racecourse licensed under this Part includes a reference to land

otherwise authorised for the holding of race meetings under this Part or Part III. 4A Methods of remote betting S. 4A inserted by No. 73/2008 (1) The Minister, by notice published in the s. 5. Government Gazette, may approve a method of communication which may be used by registered bookmakers or approved substitutes to accept bets from persons not present on the racecourse on which the bookmaker is carrying on business. (2) The Minister may give approval for any period and on any conditions that the Minister thinks fit and may vary or withdraw any approval so given. 5 Rules and regulations about business at race- No. 6070 s. 5. courses, bookmakers etc. (1) The committee or other managing body of any club or association conducting race-meetings on any race-course licensed under this Part may with the approval of the Governor in Council make alter or rescind rules and regulations for— (a) the permitting of persons (approved by such committee or body) to carry on any business or vocation on any part of such race-course and prescribing the terms and conditions under which they may so carry on any such business or vocation upon payment of the fees or charges fixed by such rules or regulations; and (b) the preventing of persons not so approved and permitted or of persons offending against such rules or regulations from carrying on any business or vocation upon any part of such race-course and the removing of such persons therefrom: Provided that on any race-course no person shall S. 5(1) Proviso carry on or be licensed or permitted to carry on amended by Nos 6462 s. 2(a), 7828 s. 7(1). 15 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 5

the business or vocation of a bookmaker except on such parts of such race-course as are specially set apart for that purpose, and no bookmaker or person carrying on the business or vocation of a bookmaker shall bet with persons apparently under the age of eighteen years. S. 5(2) (2) Every person who in contravention of this section amended by Nos 6462 carries on the business or vocation of a s. 2(b), 7828 bookmaker as aforesaid, or bets with persons s. 7(1), 125/1986 apparently under the age of eighteen years shall be s. 13(a). guilty of an offence and liable to a penalty of not less than 2 penalty units or more than 5 penalty units. S. 5(3) (3) Any power under subsection (1) of this section or amended by No. 6790 s. 3. under any Act to make rules or regulations with respect to any licence or permit to any person to carry on the business or vocation of a bookmaker shall include a like power with respect to the issue of a substitute licence or substitute permit to any approved person nominated by the bookmaker to act during his illness or approved cause, subject to any conditions prescribed by such rules or regulations, on behalf and instead of such bookmaker for any specified period during the currency of the original licence or permit of such bookmaker. (4) The person to whom any substitute licence or substitute permit aforesaid is issued shall during the currency thereof be subject to the provisions of this Act and of every other Act in all respects as if he were a bookmaker being the holder of a licence or permit (other than a substitute licence or substitute permit) issued pursuant to any law in that behalf. S. 5(5) (5) A power conferred by subsection (1) to make inserted by No. 17/1992 rules and regulations providing for the imposition s. 12.

of fees may be exercised by providing for all or any of the following matters— (a) specific fees; (b) maximum fees; (c) minimum fees; (d) fees that vary according to value or time or any other circumstance; (e) the manner of payment of fees; (f) the time or times at which fees are to be paid. (6) Rules and regulations made under this section S. 5(6) inserted by may be made— No. 17/1992 s. 12. (a) so as to provide for the exemption of persons or classes of persons from any of the rules and regulations providing for the imposition of fees; or (b) so as to provide for the refund of fees, in whole or in part. (7) A bookmaker who is liable to pay a levy under S. 5(7) inserted by rules made under section 91B is not liable to pay a No. 24/2000 fee under any rules or regulations made under this s. 12(1). section.

(8) If a rule or regulation made under this section is S. 5(8) inserted by inconsistent with a rule made under section 91A No. 24/2000 or 91B, the rule or regulation made under this s. 12(1). section is void to the extent of the inconsistency.

Division 2A—Club betting permits Pt 1 Div. 2A (Heading and ss 5A–5D) inserted by No. 97/1998 s. 6. 5A Betting in accordance with club betting permits S. 5A inserted by No. 97/1998 s. 6, amended by 17 Nos 114/2003 s. 12.1.3(Sch. 6 item 10.3), 18/2007 s. 6(f). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 5A

Despite anything in the Gambling Regulation Act 2003 (except Divisions 5 and 6 of Part 5 of Chapter 4) or any other law, it is not a contravention of that Act or law, and a premises is not a common gaming house or place for the purposes of that Act, if a person bets by way of wagering— (a) at that premises and that premises is a premises specified in a club betting permit; and (b) in accordance with the conditions of the permit. S. 5B 5B Grant of club betting permits inserted by No. 97/1998 s. 6.

S. 5B(1) (1) The Minister may grant a permit to any specified amended by Nos 16/2001 body to allow betting on any horse race, any s. 5, 18/2007 harness race, any greyhound race or on any s. 6(g). approved betting event— (a) at the premises; and (b) in accordance with the conditions; and (c) on the day and for the period— specified in the permit by the Minister. (2) In this section— S. 5B(2) def. specified body means— of specified body amended by (a) any racing club licensed under Nos 16/2001 section 24A; or s. 28(Sch. item 1), (b) Racing Victoria, Harness Racing 35/2001 s. 6(Sch. 1 Victoria or Greyhound Racing Victoria; item 1). or (c) the Stawell Athletic Club Incorporated or the Victorian Club Limited.

18 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 5C

5C Conditions of the permits S. 5C inserted by (1) The Minister may specify conditions in the permit No. 97/1998 dealing with all or any of the following matters— s. 6. (a) the type of betting; (b) the class of bookmakers who may conduct the betting; (c) the supervision of the betting and the body who is to conduct the supervision; (d) any other matter the Minister thinks fit. (2) The permit is subject to a condition that the holder of the permit must not obtain any financial benefit from bets made under the permit. (3) The Minister may add to, vary or revoke any conditions on a permit. 5D Revocation of permits S. 5D inserted by No. 97/1998 The Minister may revoke a permit, for any just s. 6. and reasonable cause, at any time.

Division 3—Regulation of race-meetings

* * * * * Heading preceding s. 6 repealed by No. 37/1994 s. 176. 6 Holding of race-meetings No. 6070 s. 6. S. 6 (1) Unless this Part otherwise provides, a race- amended by No. 9924 meeting for horse racing or harness racing or s. 15(b), greyhound racing may only be held— substituted by No. 37/1994 s. 177.

(a) on a race-course licensed under section 24 for that type of racing; and S. 6(1)(b) (b) by Harness Racing Victoria or Greyhound amended by Nos 16/2001 Racing Victoria, as the case requires, or by a s. 28(Sch. club licensed under section 24A to conduct item 2), 35/2001 race-meetings for that type of racing on that s 6(Sch. 1 race-course; and item 2(a)).

S. 6(1)(c) (c) in accordance with the rules for the time amended by Nos 16/2001 being in force of Racing Victoria or Harness s. 28(Sch. Racing Victoria or Greyhound Racing item 2), 35/2001 Victoria, as the case may be. s. 6(Sch. 1 item 2(b)). (2) Despite subsection (1), race meetings may be conducted, with the consent of the owners or trustees of a licensed race-course, by one or more of the Findon Harriers's Hunt Club, Melbourne Hunt Club, Oaklands Hunt Club and Yarra Glen and Lilydale Hunt Club for the benefit of such of the hunts clubs as the Minister determines. (3) Race-meetings must not be held on Christmas Day or Good Friday. S. 6A * * * * * inserted by No. 9924 s. 5, repealed by No. 37/1994 s. 177.

No. 6070 s. 7. 7 Transfer of race-meeting to another race-course S. 7 amended by Despite section 6, if a club licensed to conduct Nos 6836 s. 11(a), 7404 race-meetings on a race-course satisfies Racing s. 2, 8344 Victoria, Harness Racing Victoria or Greyhound s. 26(3)(b), S.R. No. Racing Victoria, as the case may be, that it is 166/1974, impossible, impracticable or inexpedient to hold a reg. 2 Nos 8690 race-meeting or continue to hold race-meetings on s. 2(a), 8776 s. 2(a)(b), 9671 s. 28, substituted by Nos 9924 s. 6, 20 37/1994 s. 177, amended by Nos 98/1994 s. 27(a)–(c), 16/2001 s. 28(Sch. item 3), 35/2001 s. 6(Sch. 1 item 3). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings

that race-course, Racing Victoria, Harness Racing Victoria or Greyhound Racing Victoria, as the case may be, may authorise the club to hold race- meetings on another race-course licensed under this Part.

* * * * * Ss 8–14 repealed.

14A Duration of race-meetings S. 14A inserted by No. 9146 Unless the Minister otherwise directs, a race- s. 2(2), meeting must commence and finish on the same substituted by Nos 28/1986 day and is deemed for the purposes of this Act and s. 4, 37/1994 the Gaming and Betting Act 1994 to commence s. 179. 1 hour before the advertised starting time of the first race, and to finish 1 hour after the actual starting time of the last race, to be conducted at that meeting. 14B Dates and times for horse racing S. 14B inserted by No. 37/1994 Subject to this Part, the dates and times for horse s. 179, race-meetings are such dates and times as are amended by No. 35/2001 fixed by and under the rules for the time being in s. 6(Sch. 1 force of Racing Victoria. item 4).

* * * * * Ss 15–18A repealed.

18 Picnic race-meetings New s. 18 inserted by No. 73/1996 s. 79.

21 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 14B

S. 18(1) (1) Despite anything to the contrary in this Part, a amended by club may apply to the Minister for the issue of a No. 35/2001 s. 6(Sch. 1 permit authorising the club to hold picnic race- item 5(a)). meetings registered in accordance with the rules of Racing Victoria on specified land 32 kilometres or more from the General Post Office Melbourne on any day permitted by this Act and approved by Racing Victoria. S. 18(2) (2) The Minister may, after consultation with Racing amended by No. 35/2001 Victoria, issue such a permit, subject to any s. 6(Sch. 1 conditions that the Minister thinks fit. item 5(b)).

(3) A permit remains in force until it is cancelled or surrendered. (4) The Minister— (a) may cancel a permit for any just and reasonable cause stated in writing; and S. 18(4)(b) (b) must cancel a permit issued to a club if amended by No. 35/2001 Racing Victoria notifies the Minister in s. 6(Sch. 1 writing that the club has no picnic race- item 5(c)). meetings registered in accordance with its rules. (5) Without limiting subsection (4), the Minister may cancel a permit if the permit is no longer correct in its details. S. 18(6) (6) A picnic race-meeting authorised by a permit amended by No. 35/2001 under this section must be conducted under the s. 6(Sch. 1 rules of Racing Victoria. item 5(d)).

Heading * * * * * preceding s. 19 repealed by No. 37/1994 s. 180(e).

19 Picnic race-meetings and mixed sports gatherings in No. 6070 country s. 19. S. 19 amended by Nos 6607 s. 2(b)(i), 6851 s. 2(a), 8344 s. 26(3)(g), S.R. No. 166/1974 reg. 2, Nos 9671 s. 2, 9902 s. 2(1)(Sch. item 215). (1) Notwithstanding anything to the contrary in this S. 19(1) amended by Part any club or association or body of persons Nos 17/1992 may with the previous consent, with or without s. 4(2), 73/1996 conditions, in writing of the Minister or of any s. 80(a)(i)(ii), person duly authorized in that behalf by the 97/1998 s. 7, 16/2001 s. 6, Minister (whether generally or in any particular 96/2003 case) and on payment of the prescribed fee (if s. 17(1). any) hold a mixed sports gathering on land approved by the Minister or any authorized person aforesaid for the holding of such gathering on any specified day including ANZAC Day. * * * * * S. 19(1A) inserted by No. 9050 s. 2(d), amended by No. 9388 s. 9, repealed by No. 17/1992 s. 4(3).

* * * * * S. 19(1B) inserted by No. 19/1986 s. 16, repealed by No. 17/1992 s. 4(3).

(2) Where any mixed sports gathering is held S. 19(2) inserted by pursuant to subsection (1) of this section on No. 6607 ANZAC Day in any year the provisions of s. 2(b)(ii), amended by subsections (3) and (4) of section twenty-two A Nos 6851 s. 2(b), 73/1996 s. 80(b), 23 96/2003 s. 17(1). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 19A

and of section twenty-two B of this Act shall apply as if such mixed sports gathering were a race-meeting.

S. 19AA * * * * * inserted by No. 37/1994 s. 181, repealed by No. 97/1998 s. 8.

S. 19A 19A Restricted harness racing meetings inserted by No. 9269 s. 4, amended by Nos 9671 ss 29, 30, 125/1986 s. 5, 37/1994 s. 182(a), substituted by No. 73/1996 s. 81. S. 19A(1) (1) Despite anything to the contrary in this Part, a amended by No. 16/2001 club may apply to the Minister for the issue of a s. 28(Sch. permit authorising the club to hold restricted item 4(a)). harness racing meetings approved in accordance with the rules of Harness Racing Victoria on specified land 32 kilometres or more from the General Post Office Melbourne on any day permitted by this Act and approved by Harness Racing Victoria. S. 19A(2) (2) The Minister may, after consultation with Harness amended by No. 16/2001 Racing Victoria, issue such a permit, subject to s. 28(Sch. any conditions that the Minister thinks fit. item 4(b)).

(3) A permit remains in force until it is cancelled or surrendered. (4) The Minister— (a) may cancel a permit for any just and reasonable cause stated in writing; and

(b) must cancel a permit issued to a club if S. 19A(4)(b) Harness Racing Victoria notifies the amended by No. 16/2001 Minister in writing that the club has no s. 28(Sch. restricted harness racing meetings approved item 4(c)). in accordance with its rules. (5) Without limiting subsection (4), the Minister may cancel a permit if the permit is no longer correct in its details. (6) A restricted harness racing meeting authorised by S. 19A(6) amended by a permit under this section must be conducted No. 16/2001 under the rules of Harness Racing Victoria. s. 28(Sch. item 4(d)).

20 Point-to-point steeplechases held by hunt clubs No. 6070 s. 20. S. 20 amended by No. 8344 s. 26(3)(h), substituted by No. 73/1996 s. 82.

(1) Despite anything to the contrary in this Part, a S. 20(1) amended by hunt club may apply to the Minister for the issue No. 35/2001 of a permit authorising the hunt club to hold point- s. 6(Sch. 1 item 6(a)). to-point steeplechase races registered in accordance with the rules of Racing Victoria on specified land on any day permitted by this Act and approved by Racing Victoria. (2) The Minister may, after consultation with Racing S. 20(2) amended by Victoria, issue such a permit, subject to any No. 35/2001 conditions that the Minister thinks fit. s. 6(Sch. 1 item 6(b)).

(3) A permit remains in force until it is cancelled or surrendered. (4) The Minister— (a) may cancel a permit for any just and reasonable cause stated in writing; and S. 20(4)(b) (b) must cancel a permit issued to a hunt club if amended by No. 35/2001 Racing Victoria notifies the Minister in s. 6(Sch. 1 writing that the hunt club has no point-to- item 6(c)). point steeplechase races registered in accordance with its rules. (5) Without limiting subsection (4), the Minister may cancel a permit if the permit is no longer correct in its details. S. 20(6) (6) Point-to-point steeplechase races authorised by a amended by No. 35/2001 permit under this section must be conducted under s. 6(Sch. 1 the rules of Racing Victoria. item 6(d)).

(7) Nothing done or omitted to be done in accordance with a permit shall be taken to be an offence under this Part. (8) Nothing in this section relieves a person concerned in holding point-to-point steeplechase races in accordance with a permit from any civil liability which the person has incurred by reason of having been so concerned. No. 6070 21 Charitable race-meetings on metropolitan race- s. 21. courses in excess of statutory number S. 21(1) (1) Notwithstanding anything to the contrary in this amended by Nos 6836 Part the Minister may permit the owners or s. 11(a), 8344 trustees of any race-course to hold race-meetings s. 26(3)(i), 8566 s. 4(1), on such race-course for any charitable or S.R. No. benevolent purpose. 166/1974 reg. 2, No. 37/1994 s. 182(b)(c).

(2) The net profit from any such meeting must be paid S. 21(2) by the racing club conducting the meeting to the amended by No. 8344 Hospitals and Charities Fund within 2 months s. 26(3)(i), from the day on which the meeting was held. S.R. No. 166/1974 reg. 2, substituted by No. 97/1998 s. 9. * * * * * S. 21(2) Proviso repealed by No. 37/1994 s. 182(d).

(3) In this section Hospitals and Charities Fund S. 21(3) substituted by means the Hospitals and Charities Fund No. 97/1998 established under the Health Services Act 1988. s. 9.

* * * * * S. 21(4) repealed by No. 8566 s. 4(2).

22 Harness races at agricultural shows No. 6070 s. 22. Notwithstanding anything to the contrary in this S. 22 amended by Act or the Gambling Regulation Act 2003— Nos 7621 s. 13(2)(a), 114/2003 s. 12.1.3(Sch. 6 item 10.4(a)). (a) the holding of not more than six harness S. 22(a) substituted by races (of which in the case of the Royal No. 6678 s. 2, Agricultural Society of Victoria not more amended by Nos 8344 than three shall be held before seven o'clock s. 26(3)(j), in the evening and not more than three shall 9671 s. 28, 73/1996 be held after seven o'clock in the evening) on s. 85(a). any one day at the annual show of any Agricultural Society shall not be unlawful if —

S. 22(a)(i) * * * * * amended by No. 9038 s. 2(a), repealed by No. 73/1996 s. 85(b). (ii) the total amount of the prize or prizes in money (if any)— (in the case of the Royal Agricultural Society of Victoria) given in respect of all such races on any day does not exceed the sum of $1200; or (in the case of any other Agricultural Society) given in respect of any one of such races on any day does not exceed the sum of $150; and S. 22(a)(iii) (iii) all such races are registered by and amended by Nos 9671 under the rules for the time being in s. 29, 16/2001 force of Harness Racing Victoria; s. 28(Sch. item 5).

(b) races held in accordance with the foregoing provisions of this section shall not— S. 22(b)(i) (i) for the purposes of this Part and the amended by Nos 7621 Gambling Regulation Act 2003 be s. 13(2)(b)(i), deemed to be a race-meeting; and 114/2003 s. 12.1.3 (Sch. 6 item 10.4(b)).

S. 22(b)(ii) * * * * * amended by No. 7621 s. 13(2)(b)(ii), repealed by No. 114/2003 s. 12.1.3 (Sch. 6 item 10.4(c)).

S. 22(c) (c) every person who (whether on any of such amended by Nos 125/1986 races or on any other betting contingency) on s. 13(b), 16/2001 s. 7. 28 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 22A

the land on which such show is being held or on any place adjacent thereto whether on his own behalf or for any other person wagers or bets or offers to wager or bet or pays or offers or promises to pay any wager or bet shall be liable to a penalty of not less than 2 penalty units or more than 10 penalty units for every such offence.

22A Race-meetings on ANZAC Day S. 22A inserted by No. 6607 s. 2(a). S. 22A (Heading) inserted by No. 96/2003 s. 17(2).

(1) No race-meeting for horse races shall be held on S. 22A(1) amended by ANZAC Day in any year except— No. 96/2003 s. 17(3).

(a) one race-meeting conducted by Victoria S. 22A(1)(a) amended by Racing Club Limited on the Flemington Nos 6836 Race-course; and s. 11(a), 8344 s. 26(3)(k), S.R. No. 166/1974 reg. 2, Nos 8776 s. 2(f), 40/2006 s. 41. (b) such other race-meetings on such race- S. 22A(1)(b) substituted by courses as the Minister determines. No. 37/1994 s. 182(e).

(2) No race-meeting for harness races shall be held on S. 22A(2) amended by ANZAC Day in any year except— Nos 9671 s. 28, 96/2003 s. 17(3). 29 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 22A

S. 22A(2)(a) (a) one race-meeting on a race-course licensed amended by No. 9671 for harness racing within 32 kilometres of s. 29, the General Post Office Melbourne; and substituted by No. 37/1994 s. 182(f). S. 22A(2)(b) (b) one race-meeting on each of such race- amended by No. 6836 courses not being within 32 kilometres of the s. 11(a), General Post Office Melbourne as Harness S.R. No. 166/1974 Racing Victoria determines. reg. 2, Nos 9671 s. 29, 16/2001 s. 28(Sch. item 6). S. 22A(3) (3) A race at any race-meeting on ANZAC Day must amended by Nos 6836 not commence before 1 p.m. s. 11(a), 8566 s. 5, S.R. No. 166/1974 reg. 2, substituted by No. 28/1986 s. 5, amended by No. 96/2003 s. 17(3).

S. 22A(4) (4) The person club or other body by or on behalf of amended by Nos 8344 whom or which any race-meeting is held on s. 26(3)(k), ANZAC Day shall within two months after the 96/2003 s. 17(3). holding of such race-meeting— (a) supply to the Minister a detailed statement correctly setting out all receipts and expenditure in connexion with such race- meeting and verified by statutory declaration made by such person or by the president or chairman and the secretary or treasurer of such club or body; and S. 22A(4)(b) (b) pay the whole of the net profit from such amended by Nos 49/1987 race-meeting into the ANZAC Day Proceeds s. 24(1)(a), Fund established under the ANZAC Day 37/1994 s. 182(g)(i)(ii), Act 1958: Provided that the Minister may 96/2003 s. 17(3). 30 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 22B

before the race-meeting is held authorize the payment of the net profit therefrom to any institution or organization in the district of the race-course if he is satisfied, after consultation with the president for the time being of the Victorian branch of the Returned Services League of Australia, that such institution or organization is one whose objects would permit it to be recommended to share in the distribution of the said Fund under subsection (3) of section four A of the said Act. * * * * * S. 22A(5) amended by Nos 9671 s. 28, 9924 s. 10(2) (as amended by No. 10087 s. 3(1)(Sch. 1 item 198)), repealed by No. 37/1994 s. 182(h).

* * * * * S. 22A(6) repealed by No. 37/1994 s. 182(h).

* * * * * S. 22A(7) substituted by No. 17/1992 s. 6(2), repealed by No. 37/1994 s. 182(h).

22B Penalty for failure to supply statement of receipts S. 22B inserted by and expenditure or pay net profit from race-meeting No. 6607 to Fund s. 2(a), amended by Nos 125/1986 If the net profit from any race-meeting held s. 13(g), on ANZAC Day is not paid as provided in 96/2003 subsection (4) of section twenty-two A of this Act s. 17(4).

31 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings

or if the statement of receipts and expenditure is not supplied in accordance with that subsection the person club or other body by or on behalf of whom or which such race-meeting was held and each member of the managing body or committee of such club or other body shall be liable to a penalty of not more than 10 penalty units. S. 22C * * * * * repealed.

Heading * * * * * preceding s. 23 repealed by No. 37/1994 s. 182(j).

No. 6070 23 Penalty for holding unauthorized race-meeting s. 23. S. 23 If any race-meeting is held in contravention of this amended by No. 125/1986 Part the owner or trustees of the race-course and s. 13(c). the club association or person by or on behalf of which or whom such race-meeting was so held and each member of the managing body or committee of such trustees club or association and any person acting at such race-meeting as steward starter or judge shall be liable to a penalty of not less than 10 penalty units or more than 100 penalty units, but no person shall be liable if it is shown that he did not act wilfully in contravention of this Part.

Division 4—Issue of licences, &c.

Heading * * * * * preceding s. 24 repealed by No. 37/1994 s. 182(k).

No. 6070 24 Race-course licence s. 24. S. 24 amended by Nos 6836 s. 11(a), 7621 32 s. 12(2), 8344 s. 26(3)(l), S.R. No. 166/1974 reg. 2, No. 9671 ss 28, 29, substituted by No. 37/1994 s. 183. Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 23

(1) The Minister may issue a race-course licence which authorises the holding of race-meetings for such one or more of the following types of racing on the race-course— (a) horse racing; (b) harness racing; (c) greyhound racing— as are specified in the licence. * * * * * S. 24(2) repealed by No. 73/1996 s. 76(1).

(3) The Minister may issue such a licence if satisfied that— (a) the location is appropriate; and (b) the facilities are suitable— for a race-course. (4) Subject to subsection (5), a licence may be subject S. 24(4) substituted by to any conditions that the Minister thinks fit. No. 73/1996 s. 76(2).

(5) A licence must not contain a condition restricting or specifying— (a) the number of race-meetings which may be held; or (b) the times at which or the days on which race- meetings may be held. (6) A licence remains in force until it is cancelled or S. 24(6) substituted by surrendered. No. 73/1996 s. 76(3).

(7) The Minister— S. 24(7) substituted by No. 73/1996 s. 76(3).

(a) may cancel a licence for any just and reasonable cause stated in writing; and (b) must cancel a licence if the Minister is satisfied that the race-course in respect of which the licence is issued is no longer required by any club licensed under section 24A for the purpose of holding race-meetings.

(8) Without limiting subsection (7), the Minister may cancel a licence if— (a) the licensee has contravened this Act or the regulations or a condition of the licence; or S. 24(8)(b) (b) the Minister is no longer satisfied as required amended by No. 73/1996 by subsection (3); or. s. 76(4).

S. 24(8)(c) (c) the licence is no longer correct in its details. inserted by No. 73/1996 s. 76(4). S. 24A 24A Racing-club licence inserted by No. 37/1994 s. 183. (1) In this section club means—

S. 24A(1)(a) (a) a club registered in accordance with the rules amended by No. 35/2001 of Racing Victoria; s. 6(Sch. 1 item 7(a)). S. 24A(1)(b) (b) a club registered in accordance with the rules amended by No. 16/2001 of Harness Racing Victoria; s. 28(Sch. item 7(a)). S. 24A(1)(c) (c) a club registered in accordance with the rules amended by No. 16/2001 of Greyhound Racing Victoria. s. 28(Sch. item 7(b)).

(2) A club referred to in subsection (1)(a) may apply to the Minister for the issue of a racing-club licence which authorises the club to conduct race- meetings for horse racing on specified race- courses licensed under section 24 for horse racing. (3) A club referred to in subsection (1)(b) may apply S. 24A(3) amended by to the Minister for the issue of a racing-club No. 97/1998 licence which authorises the club to conduct race- s. 10(1). meetings for harness racing on one or more specified race-courses which are licensed under section 24 for harness racing. (4) A club referred to in subsection (1)(c) may apply S. 24A(4) amended by to the Minister for the issue of a racing-club No. 97/1998 licence which authorises the club to conduct race- s. 10(2). meetings for greyhound racing on one or more specified race-courses which are licensed under section 24 for greyhound racing. * * * * * S. 24A(5) repealed by No. 73/1996 s. 77(1). (6) The Minister, after consultation with the Authority, must issue such a licence if satisfied that the applicant and its officers, if any, are of good reputation having regard to character, honesty and integrity. (7) Subject to subsection (8), a licence may be subject S. 24A(7) substituted by to any conditions that the Minister thinks fit. No. 73/1996 s. 77(2).

(8) A licence must not contain a condition restricting or specifying— (a) the number of race-meetings which may be held; or (b) the times at which or the days on which race- meetings may be held.

S. 24A(9) (9) A licence remains in force until it is cancelled or substituted by surrendered. No. 73/1996 s. 77(3). S. 24A(10) (10) The Minister— substituted by No. 73/1996 s. 77(3). (a) may cancel a licence for any just and reasonable cause stated in writing; and S. 24A(10)(b) (b) must cancel a licence if Racing Victoria or amended by Nos 16/2001 Harness Racing Victoria or Greyhound s. 28(Sch. Racing Victoria (as the case may be) notifies item 7(c)), 35/2001 the Minister in writing that the licensee is no s. 6(Sch. 1 longer registered in accordance with the item 7(b)). relevant rules referred to in subsection (1). (11) Without limiting subsection (10), the Minister may cancel a licence if— (a) the licensee has contravened this Act or the regulations or a condition of the licence; or (b) the licensee has contravened the rules of the club referred to in section 26 or 59A, as the case may be; or S. 24A(11)(c) (c) the Minister is no longer satisfied as required amended by No. 73/1996 by subsection (6); or s. 77(4).

S. 24A(11)(d) (d) the licence is no longer correct in its details. inserted by No. 73/1996 s. 77(4).

S. 24A(11A) (11A) The Minister may, at any time, consult with the inserted by No. 16/2001 Authority about a club or an office holder of a s. 8. club. (12) A club may hold more than one racing-club licence. (13) A club holding a racing-club licence must furnish to the Minister its annual report and financial

statements within 3 months after the end of the year to which they relate. 25 Map of race-course No. 6070 s. 25. With each application for a first licence for a race- S. 25 amended by course the applicant shall furnish the Minister Nos 8344 with a map or plan thereof showing the running- s. 26(3)(m), 37/1994 course and the length thereof and with such s. 184(a), information as may be required by the Minister. 73/1996 s. 78. 26 Rules of the club No. 6070 s. 26. (1) Before a licence authorizing any club to conduct a S. 26 amended by race-meeting is issued there shall be submitted to No. 8344 the Minister for his approval a copy of the rules s. 26(3)(n). constituting the club and prescribing the conditions under which the club may use the race- course upon which its meetings are to be conducted. (2) Any club which changes its constitution or the S. 26(2) amended by conditions under which it may use a race-course No. 16/2001 shall submit such alteration for the approval of the s. 9(1). Minister within twenty-eight days of such alteration. (2A) A change to the constitution of a club or to the S. 26(2A) inserted by conditions under which a club may use a race- No. 16/2001 course does not take effect until it is approved by s. 9(2). the Minister. (3) Nothing in this section confers any power or S. 26(3) inserted by imposes any obligation on the Minister to enforce No. 28/1986 any rules which are approved in accordance with s. 6. this section. * * * * * Ss 27, 28 repealed.

29 Licences not to authorize benefit meetings No. 6070 s. 29. (1) A race-course licence or racing club licence shall S. 29(1) amended by not authorize the conduct of a race-meeting from No. 37/1994 s. 185(1).

the profits of which any person receives a direct financial benefit. S. 29(1A) (1A) A person must not knowingly receive a direct inserted by No. 37/1994 financial benefit from the profits of a race- s. 185(2). meeting. Penalty:1000 penalty units. S. 29(1B) (1B) A person must not conduct a race-meeting inserted by No. 37/1994 knowing that a person will receive a direct s. 185(2). financial benefit from the profits of the race- meeting. Penalty:1000 penalty units. S. 29(1C) (1C) If a club or association conducts a race-meeting inserted by No. 37/1994 and a person receives a direct financial benefit s. 185(2). from the profits of the race-meeting, each member of the managing body or committee of the club or association is guilty of an offence. Penalty:1000 penalty units. S. 29(1D) (1D) In proceedings against a person for an offence inserted by No. 37/1994 under subsection (1C), it is a defence to prove that s. 185(2). the person charged did not know that a person was to receive a direct financial benefit of the kind referred to in that subsection. S. 29(2) (2) Payment to an employee of the club for his or her amended by No. 37/1994 services in relation to the functions of the club s. 185(3)(a)(b). shall not be deemed to be a direct benefit for the purposes of this section. Ss 30, 31 * * * * * repealed.

Heading * * * * * preceding s. 32 amended by No. 9671 s. 28, repealed by No. 37/1994 s. 186(b).

32 Licences for harness race-meetings held by Harness No. 6070 Racing Victoria s. 32. * * * * * S. 32(1)–(6) repealed.

(6A) Notwithstanding anything to the contrary in this S. 32(6A) inserted by Act, the Minister may from time to time issue a No. 9671 permit to Harness Racing Victoria authorizing on s. 3(a), amended by such terms and conditions as he thinks fit the Nos 49/1987 holding of a harness race-meeting on a specified s. 24(1)(b), 16/2001 race-course while a licence is in force in respect of s. 28(Sch. the race-course. item 8). * * * * * S. 32(7) inserted by No. 7691 s. 2, amended by No. 9671 ss 3(b), 28, repealed by No. 37/1994 s. 186(c).

* * * * * S. 32(8) inserted by No. 7691 s. 2, amended by No. 9671 ss 3(c), 28, repealed by No. 37/1994 s. 186(c).

Division 5—Exclusion orders by Chief Commissioner of Pt 1 Div. 5 (Heading and Police s. 33) amended by Nos 6836 s. 11(a), 8209 s. 3, 8344 s. 26(3)(q), S.R. No. 166/1974 reg. 2, Nos 9671 s. 28, 9924 s. 11(1)(2), repealed by No. 37/1994 s. 186(d), new Pt 1 Div. 5 (Heading and ss 33–35D) inserted by 39 No. 55/2005 s. 4. Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 3334

New s. 33 33 Exclusion orders by Chief Commissioner of Police inserted by No. 55/2005 s. 4. (1) The Chief Commissioner of Police may, if he or she considers it necessary in the public interest, by written order given to a person, prohibit the person from entering, or remaining at— (a) a specified race-course; or

(b) two or more specified race-courses— for the duration of a race-meeting at the race- course. (2) Nothing in this section empowers the Chief Commissioner of Police to make an exclusion order in respect of a person who holds a bookmaking licence or an occupational racing licence within the meaning of Part IIIC. New s. 34 34 Duration of exclusion orders inserted by No. 55/2005 s. 4. An exclusion order remains in force in respect of a person until it is revoked by the Chief Commissioner of Police. New s. 35 35 List and photographs of excluded persons inserted by No. 55/2005 s. 4. (1) The Chief Commissioner of Police must prepare and keep a list of names of persons who are the subject of an exclusion order and indicate the specified race-course to which that order relates. Note Under section 37(c) of the Interpretation of Legislation Act 1984, words in the singular also include the plural. (2) The Chief Commissioner of Police must—

(a) on the making of an exclusion order, add the name of the person the subject of the order to the list kept under subsection (1); and (b) on the amendment of an exclusion order made with respect to the order's scope, add to or omit from the list kept under subsection (1) a specified race-course in accordance with that amendment; and (c) on the revocation of an exclusion order, omit the name of the person who was the subject of the order from the list kept under subsection (1). (3) The Chief Commissioner of Police must ensure that an up-to-date copy of a list kept under subsection (1) is provided to the chief steward of each of the controlling bodies as soon as practicable after the list is prepared under that subsection or amended under subsection (2), as the case requires. (4) The Chief Commissioner of Police must, if he or she has one, give to the chief steward of each of the controlling bodies a photograph of each person whose name is on the list provided to the chief steward under subsection (3) as soon as practicable after the name of the person is added to the list. 35A Provision of list and photographs to stewards New s. 35A inserted by No. 55/2005 The chief steward of a controlling body may give s. 4. to a steward a copy of the up-to-date list and photographs provided to the chief steward under section 35. 35B Excluded person not to enter race-course New s. 35B inserted by No. 55/2005 A person who is the subject of an exclusion order s. 4. relating to a specified race-course must not enter,

or remain at, the race-course at any time during the duration of a race-meeting. Penalty:20 penalty units. S. 35C 35C Notifying police of presence of excluded persons inserted by No. 55/2005 s. 4. A steward who reasonably believes that a person who is the subject of an exclusion order is at a specified race-course at any time during the duration of a race-meeting, must notify a police member as soon as practicable.

S. 35D 35D Police powers of entry to a race-course inserted by No. 55/2005 s. 4. A police member may, on being authorised by a steward so to do, enter any part of a specified race-course to which the public does not have access and remain there for the purpose of enforcing an exclusion order for the duration of a race-meeting. Pt 1 Div. 5A * * * * * (Heading and ss 34–35B) amended by Nos 6836 s. 11(a), 7621 s. 12(3)(4), 7684 s. 4, 7899 s. 2(1)– (3), 8209 s. 4(a)–(c), 8344 s. 26(3)(r)–(t), 9671 ss 28, 29, 49/1987 ss 14(a)(b), 24(1)(c)(i)–(iii), repealed by No. 37/1994 s. 186(d).

Division 6—Miscellaneous

42 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 35D

* * * * * Heading preceding s. 36 repealed by No. 37/1994 s. 186(e). 36 Regulations No. 6070 s. 36. (1) The Governor in Council may make regulations for or with respect to— * * * * * S. 36(1)(a)(b) repealed by No. 37/1994 s. 186(f).

(c) licences and permits and applications therefor and reasonable fees for permits; (ca) forms to be used for the purposes of this S. 36(1)(ca) inserted by Part; No. 6607 s. 2(d).

* * * * * S. 36(1)(d) amended by No. 7684 s. 5, repealed by No. 37/1994 s. 186(f). (e) generally, any matter or thing which is authorized or required to be prescribed or necessary or convenient to be prescribed for carrying into effect the purposes of this Part. (2) The regulations may apply, adopt or incorporate S. 36(2) repealed by (with or without modification) any matter No. 6886 s. 3, contained in any document issued or adopted by new s. 36(2) inserted by any specified person or body as issued or adopted No. 49/1987 at the time the regulation is made or at any time s. 23(a). before then. * * * * * Heading preceding s. 37 repealed by No. 37/1994 s. 186(g).

No. 6070 37 No right to compensation s. 37. It is hereby declared that no person or body of persons corporate or unincorporate shall have any right to compensation for any loss or damage whatsoever by reason of the operation of this Part or of any Act passed in this or in any future session of Parliament relating to the subject- matter of this Part. ______

PART II—HARNESS RACING VICTORIA Pt 2 (Heading) substituted by Nos 9671 s. 25, 16/2001 s. 28(Sch. item 9).

38 Definitions No. 6070 s. 38. (1) In this Part unless inconsistent with the context or S. 38 amended by subject-matter— No. 45/2004 s. 4(2) (ILA s. 39B(1)). Board means Harness Racing Victoria constituted S. 38(1) def. of Board under this Part; amended by Nos 9671 s. 29, 16/2001 s. 28(Sch. item 10). harness racing club means any person or body S. 38(1) def. of harness corporate or unincorporate approved by the racing club Board who or which conducts harness races, inserted by No. 9671 and includes the Board; s. 26(a). harness racing industry participant means— S. 38(1) def. of harness racing (a) a harness racing club (other than the industry Board); or participant inserted by (b) an association or body (whether No. 45/2004 s. 4(1), incorporated or unincorporated)— amended by No. 73/2008 (i) the members of which are owners, s. 6. breeders, trainers or drivers of horses which compete in harness races, or registered bookmakers; 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 subsection (2); practising public accountant means member in public practice of any body of accountants or auditors approved by the Governor in Council for the purposes of this Part; regulations means regulations made by the Governor in Council pursuant to this Part; rules means rules made by the Board pursuant to this Part. S. 38(1) def. of * * * * * trotting club repealed by No. 9671 s. 26(b).

S. 38(2) (2) For the purposes of paragraph (c) of the definition inserted by No. 45/2004 of harness racing industry participant, the s. 4(2). 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.

Nos 6070 39 Harness Racing Victoria ss 39, 44, 6092 s. 3(1) (3). 46 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 39

(1) For the purpose of this Act there shall be a Board S. 39(1) substituted by which shall be a body corporate in the name of No. 7000 Harness Racing Victoria and shall have perpetual s. 3(1), amended by succession and a common seal and be capable in Nos 8989 s. 2, law of suing and being sued and, subject to and 9671 s. 29, 16/2001 s. 10. for the purposes of this Act, of purchasing taking holding selling leasing taking on lease exchanging mortgaging or disposing of land or any real or personal property and of doing and suffering all such other acts and things as bodies corporate may by law do and suffer. (2) The Board shall consist of 7 members appointed S. 39(2) amended by by the Governor in Council of whom— Nos 8209 s. 5(a)(i)–(iii), (a) one shall be chairperson; S.R. No. 166/1974 reg. 2, No. 9146 s. 3(a)–(c), substituted by No. 49/1993 s. 6(1), amended by No. 16/2001 s. 11(a).

(b) three are persons who have experience in S. 39(2)(b) substituted by business or marketing; No. 16/2001 s. 11(b).

* * * * * S. 39(2)(c) repealed by No. 16/2001 s. 11(b).

(d) three are persons who have experience in the S. 39(2)(d) amended by harness racing industry. No. 16/2001 s. 11(c).

(3) The Minister may appoint a member other than S. 39(3) amended by the chairperson to be deputy chairperson of the Nos 8209 Board. s. 5(b)(i)(ii), 49/1987 s. 24(1)(d) (i)–(iii), repealed by 47 No. 49/1993 s. 6(2), new s. 39(3) inserted by No. 77/1993 s. 4(1). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 40

S. 39(4) (4) Each member of the Board is severally entitled to substituted by Nos 49/1993 be paid remuneration and travelling and other s. 6(3), allowances (if any) that are fixed by the Governor 83/1995 s. 11(1). in Council in respect of that member. No. 6070 40 Term of office s. 40. S. 40(1) (1) Subject to this Part the members of the Board amended by No. 97/1998 shall hold office for the term, not exceeding s. 11. 3 years, which is specified in the instrument of his or her appointment, and shall be eligible for re-appointment. (2) The Governor in Council may at any time determine the appointment of any member of the Board. No. 6070 41 Vacancies s. 41. (1) The office of any member of the Board shall become vacant— (a) at the expiration of his term of office; (b) if he dies; (c) if he is incapable of continuing a member; S. 41(1)(d) (d) if he resigns in writing under his hand amended by No. 7621 addressed to the Minister; s. 12(5).

S. 41(1)(e) (e) if without leave granted by the Minister he amended by No. 9201 fails to attend three successive meetings of s. 10(a). the Board; S. 41(1)(ea) (ea) if he accepts or holds any place of profit inserted by No. 9201 under the Board; s. 10(b).

(eb) if he fails to comply with the provisions of S. 41(1)(eb) inserted by section 45A(1); or No. 9201 s. 10(b).

(f) if his appointment is terminated by the Governor in Council. (2) If the office of a member of the Board becomes vacant otherwise than by the retirement of such member at the expiration of his term of office a qualified person shall in accordance with this Part be appointed to fill the extraordinary vacancy. (3) Any person appointed to fill an extraordinary S. 41(3) substituted by vacancy holds office for the period, not exceeding No. 97/1998 3 years, which is specified in the instrument of his s. 12. or her appointment. 42 Meetings Nos 6070 s. 42, 6092 s. 3(4).

(1) The chairperson must preside at all meetings of S. 42(1) substituted by the Board or, in his or her absence, the deputy No. 77/1993 chairperson or, in the absence of both the s. 4(2). chairperson and the deputy chairperson, a member of the Board chosen by the members present, must preside. (2) A quorum of the Board shall consist of four S. 42(2) amended by members. Nos 49/1993 s. 6(4), 16/2001 s. 12. (3) During any vacancy in the office of member the continuing members may, subject to there being a quorum, act as if no vacancy had occurred. (4) In the case of an equality of votes at any meeting S. 42(4) amended by of the Board the person presiding at the meeting No. 77/1993 shall have a second or casting vote. s. 4(3).

(5) Subject to this Part the Board may regulate its own procedure. No. 6070 43 Chief Executive Officer and other officers s. 43. S. 43 (1) The Board shall appoint— substituted by No. 10014 (a) with the approval of the Minister some fit s. 4(1). and proper person to be the Chief Executive Officer of the Board; and (b) such other officers as are required. (2) A person appointed under subsection (1) shall— (a) be entitled to be paid— (i) such remuneration as the Board determines; and (ii) such travelling and other allowances (if any) as the Board with the approval of the Minister determines; and (b) be appointed subject to such other terms and conditions as the Board determines. (3) The Chief Executive Officer shall— (a) have control of the day to day administration of the affairs of the Board and administer those affairs in accordance with the policies of, and directions given by, the Board; and (b) exercise such other powers and perform such other duties as are conferred and imposed on him by or under this Act or by the Board. (4) The other officers of the Board shall exercise such powers and perform such duties as are conferred and imposed on them by the Board or the Chief Executive Officer. S. 43(5) (5) The Public Administration Act 2004 does not substituted by No. 73/1996 apply to a person appointed under this section in s. 90(1), respect of the office to which the person is amended by Nos 46/1998 appointed. s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 50 item 171.1). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 44

(6) An appointment under this section may be revoked— (a) in the case of the Chief Executive Officer, at any time by the Board with the approval of the Minister; and (b) in the case of any other officer of the Board, S. 43(6)(b) amended by at any time by the Board. No. 10087 s. 3(1)(Sch. 1 item 196). 44 Function of Board No. 6070 s. 45. The function of the Board is— (a) to control the sport of harness racing; and S. 44(a) amended by Nos 9671 s. 30, 45/2004 s. 5(a).

(b) to conduct harness races; and S. 44(b) amended by Nos 8690 s. 2(b), 9671 s. 31.

(ba) to consult with harness racing industry S. 44(ba) inserted by participants and facilitate consultation No. 45/2004 amongst harness racing industry participants; s. 5(b). and (c) to exercise such powers functions and duties as are conferred on the Board by or under this or any other Act. 44AA Board may act as venue operator S. 44AA inserted by No. 17/1992 s. 7.

51 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 44AA

S. 44AA(1) (1) The Board may hold a venue operator's licence amended by under the Gambling Regulation Act 2003 and No. 114/2003 s. 12.1.3(Sch. may, subject to that Act, do anything that a venue 6 item 10.5). operator is empowered to do under that Act. (2) For the purposes of subsection (1), the Board— (a) with the approval of the Minister and the Treasurer, may enter into any arrangement or agreement and has power to do anything necessary or expedient to carry that arrangement or agreement into effect; and S. 44AA(2)(b) (b) may apply for and hold a licence under amended by No. 74/2000 section 8, 9 or 10 of the Liquor Control s. 3(Sch. 1 Reform Act 1998. item 107.1).

S. 44A 44A Borrowings by Board inserted by No. 8989 s. 3. For the purposes of carrying out its powers and functions under this Act, the Board is authorized with the prior approval in writing of the Minister and the Treasurer of Victoria to borrow moneys on such terms and conditions as the Treasurer of Victoria approves. S. 44B 44B Consultation procedures to be established inserted by No. 45/2004 s. 6. The Board must establish proper procedures to consult with harness racing industry participants and to facilitate consultation amongst harness racing industry participants.

S. 44C 44C Reporting on consultations inserted by No. 45/2004 s. 6. 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. 45 Registration etc. of clubs, horses and persons No. 6070 s. 46. participating in harness racing S. 45 amended by (1) The Board may in respect of the whole of Victoria Nos 9924 in accordance with the rules— s. 3(b), 49/1987 s. 15(a)(b).

(aa) fix dates and times for harness race- S. 45(1)(aa) inserted by meetings; No. 37/1994 s. 186(h).

(a) register refuse to register or deregister any S. 45(1)(a) amended by harness club horse owner trainer driver or No. 9671 rider; s. 28. (b) charge and take for any such registration the fees prescribed therefor by the rules; (c) disqualify or suspend from participating in S. 45(1)(c) amended by harness races any club horse or person; No. 9671 s. 28. (d) exclude from participation in harness races S. 45(1)(d) amended by any club horse or person which or who is not No. 9671 registered as required by the rules or is under s. 28. disqualification or suspension pursuant to the rules;

S. 45(1)(e) (e) grant an authority, subject to such conditions substituted by (if any) as are prescribed by the rules, or No. 6462 s. 3(1) (as refuse to grant an authority to any person to amended by carry on the business of bookmaking at No. 6489 s. 4(Sch. meetings for harness races (wherever held) item 20(c)), and revoke or suspend the authority of any amended by No. 9671 such person; s. 28. S. 45(1)(f) (f) prohibit the carrying on at any such meeting inserted by No. 6462 of the business of bookmaking by any s. 3(1) (as unauthorized person; amended by No. 6489 s. 4(Sch. item 20(c)).

S. 45(1)(g) (g) fine or otherwise punish any club or person inserted by No. 6462 offending against the rules— s. 3(1) (as amended by No. 6489 s. 4(Sch. item 20(c)).

and any decision of the Board in relation to any of the matters referred to in paragraphs (a), (b), (d), (e) and (f) shall be final and without appeal. S. 45(2) (2) The Board may carry out freeze branding on any inserted by No. 49/1987 breed of horse whether the horse is to be used for s. 15(b). harness racing or not. S. 45(3) (3) The Minister, on the recommendation of the inserted by No. 97/1998 Board, may suspend the members of a committee s. 13. or other managing body of any harness racing club and may appoint some fit and proper person to be administrator of the club. S. 45(4) (4) An administrator appointed under subsection (3) inserted by No. 97/1998 is deemed to be the committee or other managing s. 13. body of the club and— (a) has and may exercise all the powers and is subject to all the duties of the club or other managing body; and

(b) has and may exercise all the powers and is subject to all the duties of the members of the committee or other managing body of the club. (5) At any time after an administrator has been S. 45(5) inserted by appointed, the Minister, after consultation with the No. 97/1998 Board, may remove the suspension of the s. 13. members of the committee or other managing body of the club and upon that removal the powers of the administrator cease. * * * * * S. 45AAA inserted by No. 77/1993 s. 5, repealed by No. 97/1998 s. 14.

* * * * * S. 45AA inserted by No. 77/1993 s. 5, amended by No. 83/1995 s. 11(2), repealed by No. 97/1998 s. 14.

45A Disclosure of pecuniary interest S. 45A inserted by No. 9201 (1) If a member of the Board knowingly has any s. 11. direct or indirect pecuniary interest in any contract or proposed contract with the Board or in any other matter in which the Board is concerned, and is present at any meeting of the Board at which the contract, proposed contract or other matter is being considered, he shall at the meeting, as soon as practicable after the commencement thereof, disclose his interest and he shall not remain in the room in which such meeting is being held during any consideration or discussion of or the taking of any vote on any question with respect to the contract, proposed contract, or other matter.

(2) For the purposes of this section a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter, if— (a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration; or (b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in the other matter under consideration. S. 45A(3) (3) For the purposes of this section a member of the amended by Nos 9671 Board who enters a horse of which the member or s. 28, 72/2001 the member's spouse or domestic partner is the s. 3(Sch. item 11.3). owner part-owner trainer or driver in a harness race at meetings conducted by the Board shall not thereby be treated as having a direct or indirect interest in any contract or proposed contract or other matter with or concerning the Board.

S. 45A(3A) (3A) For the purposes of this section, a member of the inserted by No. 27/1988 Board who holds office in or is a member or s. 4(1). employee of— (a) the Metropolitan and Country Trotting Association of Victoria; or (b) the Association of Victorian Country Trotting Clubs; or

56 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 45A46

(c) a harness racing club— shall not thereby be treated as having a direct or indirect interest in a contract or proposed contract or other matter with or concerning that association or club. (4) Where a member of the Board has an indirect pecuniary interest in any contract, proposed contract or other matter and would not be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or other body, then, if the total nominal value of those shares does not exceed $1000 or one- hundredth of the total nominal value of the issued share capital of the company or body (whichever is the less), so much of subsection (1) as precludes him from taking part in the consideration or discussion of, or voting on, any question with respect to the contract, proposed contract or other matter shall not apply to him. (5) Where the share capital of a company or other body is of more than one class, subsection (4) shall not apply if the total nominal value of all the shares of any one class in which he has a beneficial interest exceeds one-hundredth of the total nominal value of the issued share capital of that class of the company or other body.

(6) The interest of a member's spouse or domestic S. 45A(6) substituted by partner is deemed, for the purposes of this section, No. 72/2001 to be also the interest of the member if— s. 3(Sch. item 11.4). (a) they are living together; and (b) the member knows of the interest. (7) A general notice given in writing to the Chief S. 45A(7) amended by Executive Officer of the Board by a member of No. 72/2001 s. 3(Sch. item 11.5(a) (b)). 57 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings

the Board to the effect that the member or the member's spouse or domestic partner is a member or in the employment of a specified company or other body, or a partner or in the employment of a specified person, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice. (8) If a member of the Board fails to comply with the provisions of subsection (1) his seat shall thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy. (9) In this section the expression shares includes stock and the expression share capital shall be construed accordingly. Nos 6070 46 Harness Racing Victoria Fund and finances of s. 47, 6092 s. 6. Board S. 46(1) (1) The Board shall establish a fund to be called amended by Nos 9671 "Harness Racing Victoria Fund". s. 29 (as amended by No. 9902 s. 2(1)(Sch. item 217)), 16/2001 s. 28(Sch. item 11(a)). S. 46(2) (2) There shall be paid into the said fund all moneys amended by Nos 7899 received by the Board, including fines under the s. 3(a), rules, other than money required to be paid into 24/2000 s. 12(2)(a). the bookmaking development fund established by the Board in accordance with section 91C. S. 46(3)(a) (3) (a) Harness Racing Victoria Fund shall be substituted by No. 7828 s. 4, applied by the Board to meet any expenses amended by incurred by the Board in performing any Nos 9388 s. 6(a), 9671 functions under this or any other Act ss 29 (as amended by No. 9902 s. 2(1)(Sch. item 217)), 30, 58 16/2001 s. 28(Sch. item 11(b)), 45/2004 s. 7(a). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 46

(including payments to members and officers of the Board) and, as the Board thinks fit, for the benefit and development of harness racing in Victoria and in particular without in any way limiting the generality of the foregoing—

(i) for the benefit of harness racing clubs S. 46(3)(a)(i) amended by and persons engaged in training or No. 9671 driving or training and driving harness s. 30. racing horses; (ii) for the provision and maintenance of S. 46(3)(a)(ii) amended by facilities for the training of harness No. 9671 racing horses on land not owned or s. 30. leased by the Board; (iia) for consulting with harness racing S. 46(3)(a)(iia) inserted by industry participants; No. 45/2004 s. 7(b).

(iib) for harness racing industry participants S. 46(3)(a)(iib) inserted by to participate in consultations with the No. 45/2004 Board; s. 7(b). (iii) for making donations (being not more S. 46(3)(a)(iii) amended by than $1000 in any one case) to No. 9671 charitable benevolent or other s. 30. institutions in respect of harness racing meetings held for the purposes of such institutions and for the alleviation of distress and hardship occasioned by any public calamity disaster or unusual circumstances. * * * * * S. 46(3)(b) repealed by No. 9146 s. 5.

* * * * * S. 46(3A) inserted by No. 9388 s. 6(b), amended by No. 49/1987 s. 16, repealed by 59 No. 37/1994 s. 187. Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 4648

S. 46(4) (4) Any surplus of the said fund may be applied at the amended by No. 9671 discretion of the Board for the benefit of harness s. 30. racing clubs. S. 46(5) * * * * * substituted by No. 7899 s. 3(b), amended by No. 9671 s. 32 (as amended by No. 9902 s. 2(1)(Sch. item 218)), repealed by No. 37/1994 s. 187.

S. 46(6) * * * * * repealed by No. 7899 s. 3(b), new s. 46(6) inserted by No. 9671 s. 27, amended by No. 9671 s. 29, repealed by No. 37/1994 s.S. 46(7)187. * * * * * amended by No. 7621 s. 2, repealed by No. 7899 s. 3(b). S. 47 * * * * * repealed.

No. 6092 48 Agreement with Royal Agricultural Society and its ss 4, 5. alteration S. 48(1) (1) The Agreement entered into pursuant to the amended by No. 7621 Trotting Races Act 1957 and substantially in the s. 12(7).

form and to the effect of the Schedule to that Act between the trustees of the Royal Agricultural Society of Victoria and the Board shall have effect according to the tenor thereof but, having regard to changes in circumstances, may by agreement between the parties thereto be altered at any time with the consent of the Minister so far as it relates to conditions of use, including payments for the use, of the Royal Agricultural Showgrounds or any part thereof. (2) (a) If the Board is at any time unable to meet any payments under the agreement so entered into the Treasurer may subject to such terms and conditions as he thinks fit advance from the Public Account to the Board such moneys as are necessary to meet such payments, and any money so advanced shall be a charge on the funds of the Board and shall be repaid by the Board when funds are available. (b) Any such advance shall be made at a rate of S. 48(2)(b) amended by interest determined by the Treasurer as being No. 11/2001 the prevailing overdraft rate. s. 3(Sch. item 62).

(c) For the purposes of this subsection the S. 48(2)(c) amended by Auditor-General shall in relation to the No. 93/1997 Board and its accounts have all such powers s. 28(Sch. item 26). as he has in relation to the Public Account, and the Audit Act 1994 shall be read and construed and have effect accordingly. 49 Rules of Board No. 6070 s. 49. The Board may make rules for or with respect to — (a) the control of the sport of harness racing in S. 49(a) substituted by Victoria including (without affecting the No. 6462 generality of the foregoing) rules for or with s. 3(2), amended by No. 9671 ss 30, 31. 61 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings

respect to registrations and de-registrations, disqualifications and suspensions, exclusion of clubs horses or persons from participation in harness races, the granting refusing to grant revoking or suspending of authorities, fees in respect of registrations and authorities, fines, and any other matters which the Board is by or under this or any other Act required or empowered to perform; S. 49(b) (b) the management of harness race-meetings amended by No. 9671 conducted by the Board. s. 31. S. 49A 49A Appeals to the Board inserted by No. 97/1998 s. 15. (1) A person— (a) on whom a penalty has been imposed; or (b) against whom any other decision has been made— by a steward under the rules may appeal to the Board against that decision.

(2) For the purposes of hearing and determining an appeal, the Board may be constituted by— (a) the whole Board, or, one or more members of the Board, selected by the chairperson of the Board; or S. 49A(2)(b) (b) the whole Board, or, one or more members amended by No. 16/2001 of the Board, selected by the chairperson of s. 13(1). the Board, sitting with one or more persons, selected by the chairperson of the Board, from the panel of persons appointed under section 49B; or

(c) one or more persons, selected by the S. 49A(2)(c) chairperson of the Board, from the panel of amended by No. 16/2001 persons appointed under section 49B. s. 13(1). (3) For the purposes of hearing and determining an S. 49A(3) amended by appeal, the Board may be assisted by an assessor, No. 16/2001 selected by the chairperson of the Board from the s. 13(2). panel of persons appointed under section 49C. (4) If more than one person is to hear and determine an appeal, the chairperson of the Board must choose the person who is to preside. (5) If an assessor is to assist the Board in the hearing of an appeal, the assessor must not take part in the making of any decision or order or the giving of any direction by the Board. 49B Panel of persons for selection for hearing and S. 49B inserted by determining appeals No. 97/1998 s. 15. (1) The Governor in Council, on the recommendation of the Minister, may appoint a panel of persons to be available for selection by the chairperson of the Board for the purposes of hearing and determining appeals.

(2) A member of the panel— (a) holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re- appointment; and (b) may be removed from office at any time by the Governor in Council; and (c) is entitled to receive the remuneration and travelling and other allowances (if any) which are fixed by the Governor in Council for that member.

S. 49C 49C Panel of assessors inserted by No. 97/1998 (1) The Minister, after consultation with the Board, s. 15. may appoint a panel of persons to be assessors, to assist the Board in the hearing and determining of appeals. (2) A member of the panel— (a) holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re- appointment; and (b) may be removed from office at any time by the Minister; and (c) is entitled to receive the remuneration and travelling and other allowances (if any) which are fixed by the Minister for that member. (3) The Minister must cause the names of members of the panel to be published in the Government Gazette.

No. 6070 50 Regulations of Governor in Council s. 50. (1) The Governor in Council may make regulations for or with respect to— S. 50(1)(a) (a) fees and costs of appeals against decisions of amended by No. 9671 stewards or committees of harness racing s. 30. clubs; S. 50(1)(b) (b) penalties not exceeding 5 penalty units for amended by No. 125/1986 any breach of the regulations; and s. 13(d).

(c) any other matters or things required or authorized to be prescribed by regulations or necessary or expedient to be prescribed for carrying this Part into effect. (2) Any such regulation may confer or impose on the Board such powers (including power to make rules) and duties as are necessary or expedient to carry this Part into effect. (3) The regulations may apply, adopt or incorporate S. 50(3) repealed by (with or without modification) any matter No. 6886 s. 3, contained in any document issued or adopted by new s. 50(3) inserted by any specified person or body as issued or adopted No. 49/1987 at the time the regulation is made or at any time s. 23(b). before then. ______

Pt 3 PART III—GREYHOUND RACING (Heading) amended by No. 8209 s. 21(1)(a)(ii).

No. 6070 51 Definitions s. 51. S. 51 (1) In this Part unless inconsistent with the context or amended by No. 45/2004 subject-matter— s. 8(2) (ILA s. 39B(1)). S. 51(1) def. of * * * * * appointed day repealed by No. 37/1994 s. 188(a).

S. 51(1) def. of Board means Greyhound Racing Victoria Board amended by established under this Part; Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 12).

S. 51(1) def. of breeding greyhound means a female greyhound breeding greyhound kept or used for breeding; inserted by No. 83/1995 s. 4.

S. 51(1) def. of * * * * * greyhound races amended by Nos 7621 s. 13(3)(a)(b), 8209 s. 21(1) (a)(ii), repealed by No. 37/1994 s. 188(a).

66 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 51 greyhound racing club or club means any person S. 51(1) def. of or body corporate or unincorporate who or greyhound racing club or which conducts greyhound races; club amended by No. 8209 s. 21(1)(a)(ii). greyhound racing industry participant means— S. 51(1) def. of greyhound racing (a) a greyhound racing club; industry participant (b) an association or body (whether inserted by incorporated or unincorporated)— No. 45/2004 s. 8, (i) the members of which are owners, amended by No. 73/2008 breeders or trainers of greyhounds s. 7. which compete in greyhound races, or registered bookmakers; 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 subsection (2); greyhound trial track means any land that is held S. 51(1) def. of greyhound out by any person or body of persons having trial track the management or control thereof whether inserted by as owner lessee occupier or otherwise for use No. 8603 s. 4. for trials or other training of greyhounds other than greyhounds owned by or leased to that person or body of persons and not being a ground in respect of which a licence to hold greyhound races is required by this Part;

ground means any Crown land or reserve or any S. 51(1) def. of ground land or reserve vested in or managed by any amended by No. 8209 s. 21(1)(a)(ii). 67 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 51

trustees or body or bodies or any land whatsoever to which persons are admitted either at all times or only at certain times whether on payment of an entrance fee or charge or otherwise for the purpose of taking part in or of witnessing any greyhound races; S. 51(1) def. of metropolis means the area within a radius of metropolis amended by 32 kilometres from the post office at the S.R. No. corner of Bourke and Elizabeth streets, 166/1974 reg. 2. Melbourne; S. 51(1) def. of occupier means any person or persons or a occupier amended by majority of the persons whether incorporated No. 8209 or not having or who will have for the time s. 21(1)(a)(ii). being the right to control or regulate the admission of persons to any ground during the carrying on or conduct of any greyhound races or intended greyhound races; and in reference to a ground vested in or under or intended to be under the care control or management of trustees of a managing committee or other body of managers under any designation whatsoever means a majority of such trustees committee or body (as the case may be); S. 51(1) def. of promoter means any person or persons or a promoter amended by majority of the persons, whether No. 8209 incorporated or not, having for the time s. 21(1)(a)(ii). being the control direction or management of any greyhound races or intended greyhound races and occupying or having authority to occupy any ground where such greyhound races are intended to be held;

S. 51(1) def. of * * * * * regulations repealed by No. 37/1994 s. 188(a).

rules means rules made by the Board pursuant to this Part; stud greyhound means a male greyhound kept or S. 51(1) def. of stud used for breeding; greyhound inserted by No. 83/1995 s. 4.

syndicate means two or more persons who jointly S. 51(1) def. of syndicate own or lease a greyhound. inserted by No. 83/1995 s. 4. (2) For the purposes of paragraph (c) of the definition S. 51(2) inserted by of greyhound racing industry participant, the No. 45/2004 Minister may, in writing, declare an association or s. 8(2). 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.

Division 1—Restrictions on, and licences for, greyhound Pt 3 Div. 1 (Heading) racing amended by No. 8209 s. 21(1)(a)(ii).

* * * * * S. 52 repealed.

52A Plumpton coursing with mechanical quarry S. 52A inserted by No. 7621 s. 3, amended by Nos 8344 s. 26(3)(v), 9201 s. 19, 9671 s. 4, 37/1994 s. 188(c), substituted by No. 73/1996 s. 83. 69 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 52A

S. 52A(1) (1) Despite anything to the contrary in this Division, a amended by No. 16/2001 club may apply to the Minister for the issue of a s. 28(Sch. permit authorising the club to hold plumpton item 13). coursing matches conducted by the use of a mechanical quarry, being matches approved in accordance with the rules of Greyhound Racing Victoria. S. 52A(2) (2) The Minister may, after consultation with amended by No. 16/2001 Greyhound Racing Victoria, issue such a permit, s. 28(Sch. subject to any conditions that the Minister thinks item 13). fit. (3) A permit remains in force until it is cancelled or surrendered. (4) The Minister— (a) may cancel a permit for any just and reasonable cause stated in writing; and S. 52A(4)(b) (b) must cancel a permit issued to a club if amended by No. 16/2001 Greyhound Racing Victoria notifies the s. 28(Sch. Minister in writing that the club has no item 13). plumpton coursing matches approved in accordance with its rules.

(5) Without limiting subsection (4), the Minister may cancel a permit if the permit is no longer correct in its details. S. 52A(6) (6) Plumpton coursing matches authorised by a amended by No. 16/2001 permit under this section must be conducted under s. 28(Sch. the rules of Greyhound Racing Victoria. item 13).

(7) Plumpton coursing matches so permitted and S. 52A(7) conducted by the use of a mechanical quarry are amended by No. 114/2003 deemed to be sports within the meaning of s. 12.1.3(Sch. section 84. 6 item 10.6). 52B Greyhound racing permits S. 52B inserted by No. 9671 s. 5, amended by Nos 32/1991 s. 5(a)(b), 37/1994 s. 188(d), substituted by No. 73/1996 s. 84.

(1) Despite anything to the contrary in this Division, a S. 52B(1) amended by club may apply to the Minister for the issue of a No. 16/2001 permit authorising the club to hold greyhound s. 28(Sch. item 14). races approved in accordance with the rules of Greyhound Racing Victoria on a specified ground 32 kilometres or more from the General Post Office Melbourne. (2) The Minister may, after consultation with S. 52B(2) amended by Greyhound Racing Victoria, issue such a permit, No. 16/2001 subject to any conditions that the Minister thinks s. 28(Sch. item 14). fit. (3) A permit remains in force until it is cancelled or surrendered.

(4) The Minister— (a) may cancel a permit for any just and reasonable cause stated in writing; and (b) must cancel a permit issued to a club if S. 52B(4)(b) amended by Greyhound Racing Victoria notifies the No. 16/2001 Minister in writing that the club has no s. 28(Sch. item 14). greyhound races approved in accordance with its rules.

(5) Without limiting subsection (4), the Minister may cancel a permit if the permit is no longer correct in its details. S. 52B(6) (6) Greyhound races authorised by a permit under this amended by No. 16/2001 section must be conducted under the rules of s. 28(Sch. Greyhound Racing Victoria. item 14).

Ss 53–54A * * * * * repealed.

No. 6070 55 All speed coursing to be mechanical s. 55. S. 55 (1) No person shall conduct any greyhound race (of amended by No. 8209 the type known as speed coursing) which includes s. 21(1)(a)(ii). the competitive pursuit by dogs of any live quarry. S. 55(2) (2) If any greyhound race is held in contravention of amended by No. 125/1986 this section then the promoter of such greyhound s. 13(e). race and the occupier of the ground on which such greyhound race is held and every person acting as steward starter or judge in respect of such greyhound race shall be liable to a penalty of not more than 100 penalty units. Ss 56–59 * * * * * repealed.

S. 59A * * * * * inserted by No. 8080 s. 4, amended by Nos 8209 s. 21(1)(a)(ii), 8344 s. 26(3) (z), 9146 s. 8, 37/1994 s. 188(h), repealed by No. 97/1998 s. 16.

Ss 60–63 * * * * * repealed.

63A Greyhound races on ANZAC Day S. 63A (Heading) inserted by No. 96/2003 s. 17(5). S. 63A inserted by No. 6607 s. 3(b), amended by No. 8209 s. 21(1)(a)(ii), S.R. No. 166/1974 reg. 2, No. 32/1991 s. 6(2).

(1) No greyhound races shall be held on ANZAC Day S. 63A(1) amended by in any year except on one ground within Nos 16/2001 32 kilometres of the post office at the corner of s. 28(Sch. item 15), Bourke and Elizabeth streets, Melbourne, to be 96/2003 nominated by Greyhound Racing Victoria and on s. 17(6). such grounds not being within 32 kilometres of the said post office and not exceeding eight in number as Greyhound Racing Victoria nominates. (2) No race at any greyhound races held on ANZAC S. 63A(2) amended by Day is to commence before 1 p.m. S.R. No. 166/1974 reg. 2, substituted by No. 32/1991 s. 6(3), amended by No. 96/2003 s. 17(6).

(3) The promoter of any greyhound races held on S. 63A(3) amended by ANZAC Day shall within two months after the Nos 8344 holding of such greyhound races— s. 26(3)(cc), 96/2003 s. 17(6).

(a) supply to the Minister a detailed statement correctly setting out all receipts and expenditure in connexion with such

greyhound races and verified by statutory declaration made by such promoter or if such promoter is a body corporate or a body unincorporate by the chairman and secretary thereof or in the latter case by the chairman or president and the secretary or treasurer thereof; and S. 63A(3)(b) (b) pay the whole of the net profit from such amended by S.R. No. greyhound races into the ANZAC Day 166/1974 Proceeds Fund established under the reg. 2, Nos 49/1987 ANZAC Day Act 1958: Provided that where s. 24(1)(a), any such greyhound races are held on a 37/1994 s. 188(j), ground not within 32 kilometres of the post 96/2003 office at the corner of Bourke and Elizabeth s. 17(6). streets, Melbourne, the Minister may before the greyhound races are held authorize the payment of the net profit therefrom to any institution or organization in the district in which the greyhound races are held if he is satisfied, after consultation with the president for the time being of the Victorian branch of the Returned Services League of Australia, that such institution or organization is one whose objects would permit it to be recommended to share in the distribution of the said Fund under subsection (3) of section four A of the said Act. S. 63A(4) * * * * * substituted by No. 32/1991 s. 6(4), repealed by No. 37/1994 s. 188(k).

S. 63A(5) * * * * * inserted by No. 17/1992 s. 6(7), repealed by No. 37/1994 s. 188(k).

* * * * * Heading preceding s. 64 repealed by No. 37/1994 s. 188(l). 64 Penalties for holding greyhound races in No. 6070 s. 64. contravention of this Division etc. S. 64 amended by No. 8209 s. 21(1)(a)(ii). (1) If any greyhound race is held on any ground in S. 64(1) amended by contravention of this Division (whether such No. 125/1986 greyhound race is held by the holder of a licence s. 13(f). or not) then the promoter of such greyhound race and the occupier of the ground on which such greyhound race is held and every person acting as steward starter or judge in respect of such greyhound race shall be guilty of an offence against this Division and shall be liable to a penalty of not less than 5 penalty units and not more than 50 penalty units:

Provided that no person acting as steward starter or judge in respect of any greyhound race held by the holder of a licence on the ground to which such licence relates shall be guilty of an offence against this section unless it is proved that he knew that such greyhound race was being held in contravention of this Division. * * * * * S. 64(2) repealed by No. 37/1994 s. 188(m).

(3) If any promoter of greyhound races held on S. 64(3) inserted by ANZAC Day in any year fails to comply with any No. 6607 provision of subsection (3) of section sixty- s. 3(c), amended by three A of this Act he shall be guilty of an offence Nos 125/1986 s. 13(g), 96/2003 s. 17(7). 75 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 65

against this Division and liable to a penalty of not more than 10 penalty units. No. 6070 65 Returns to be lodged by promoters of greyhound s. 65. races S. 65(1) (1) Every promoter of greyhound races on any ground amended by Nos 8209 shall within the prescribed periods lodge with the s. 21(1)(a)(ii), Minister such returns with respect to such 8344 s. 26(3) (dd). greyhound races as are prescribed. S. 65(2) amended by (2) If any such promoter fails to lodge any such return No. 125/1986 within the period prescribed therefor he shall be s. 13(h). guilty of an offence against this Division and liable to a penalty of not more than 4 penalty units. No. 6070 66 Provision in case of offence by body corporate s. 66. (1) Where any body corporate is guilty of an offence against this Division then without affecting the liability of such body corporate for such offence every chairman director manager and officer of such body corporate who directs authorizes or knowingly suffers the commission of such offence by the body corporate shall be severally liable to the penalty therefor. S. 66(2) (2) Where the holder of a licence or the promoter of amended by Nos 8181 any greyhound races is a body unincorporate, s. 2(1)(Sch. then, in the event of any contravention or failure item 159), 8209 s. 21(1) to comply with any provision of this Division in (a)(ii). relation to such licence or such greyhound races, every member of the governing body (by whatever name called) manager and officer of such body unincorporate who directs authorizes or knowingly suffers such contravention or failure shall be severally liable to the penalty for such contravention or failure. S. 67 * * * * * repealed.

68 Regulations No. 6070 s. 68. (1) The Governor in Council may make regulations for or with respect to— * * * * * S. 68(1)(a)(b) repealed by No. 37/1994 s. 188(o).

(c) prescribing the returns to be lodged and the S. 68(1)(c) amended by periods within which such returns are to be Nos 8209 lodged by promoters of greyhound races s. 21(1)(a)(ii), 8344 s. 26(3) with the Minister; (ee).

(ca) forms to be used for the purpose of this Part; S. 68(1)(ca) inserted by No. 6607 s. 3(d).

(d) generally, prescribing any matter or thing authorized to be prescribed by this Act or necessary or expedient to be prescribed for the purposes of this Division. * * * * * S. 68(2) repealed by PtNo. 3 6886Div. 2 s. 3. Division 2—Greyhound Racing Victoria (Heading) amended by Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 16).

69 Constitution of Board No. 6070 s. 69. (1) There shall be a Board in the name of Greyhound S. 69(1) amended by Racing Victoria, constituted as provided in this No. 8209 Act. s. 21(1)(a)(ii), substituted by No. 16/2001 s. 14.

S. 69(1A) (1A) The Board is a body corporate and has perpetual inserted by succession and a common seal, and is capable in No. 28/1986 s. 7(1). law of suing and being sued and, subject to and for the purposes of this Act, of purchasing, leasing or otherwise dealing with any real or personal property and of doing and suffering anything else that bodies corporate may by law do or suffer. S. 69(2) (2) The Board shall consist of not more than amended by Nos 6954 5 members of whom— s. 2(a)(i)–(vi), 7828 s. 5, (a) one shall be chairperson; 8209 ss 8(a) (b), 21(1)(a)(ii), (b) at least one and not more than 2 are persons 9146 s. 10, substituted by who have experience in business or No. 9671 s. 8, marketing; amended by No. 41/1989 (c) at least one and not more than 2 are persons s. 4(1)(a)(b), substituted by who have experience in the greyhound No. 11/1997 racing industry. s. 4.

S. 69(3) (3) The members of the Board shall be appointed by substituted by No. 6954 the Governor in Council on the recommendation s. 2(b), of the Minister. repealed by No. 9671 s. 8, new s. 69(3) inserted by No. 49/1987 s. 24(1)(e), substituted by No. 11/1997 s. 4.

S. 69(4) (4) The Minister may appoint a member other than repealed by No. 6954 the chairperson to be deputy chairperson of the s. 2(c), Board. new s. 69(4) inserted by No. 49/1987 s. 24(1)(e), substituted by No. 11/1997 s. 4.

(5) If the chairperson is unable to perform the duties S. 69(5) of the office or the office of chairperson is vacant, inserted by No. 11/1997 the deputy chairperson may act in the place of the s. 4. chairperson. (6) The deputy chairperson while acting in the place S. 69(6) inserted by of the chairperson has all the powers and may No. 11/1997 perform all the duties of the chairperson. s. 4. (7) A member of the Board (other than the executive S. 69(7) inserted by director) holding office immediately before the No. 11/1997 commencement of section 4 of the Racing s. 4. (Amendment) Act 1997 continues to hold office after that commencement on the same terms and conditions for the remainder of the term specified in his or her instrument of appointment. (8) A person holding office as executive director of S. 69(8) inserted by the Board immediately before the commencement No. 11/1997 of section 4 of the Racing (Amendment) Act s. 4. 1997 goes out of office on that commencement.

70 Term of office No. 6070 s. 70. (1) Subject to this Division, a member of the Board S. 70(1) amended by holds office for the term, not exceeding 3 years, No. 49/1993 that is specified in the member's instrument of s. 7(1), substituted by appointment but is eligible for re-appointment. No. 11/1997 s. 5.

* * * * * S. 70(1A) inserted by No. 49/1993 s. 7(2), repealed by No. 11/1997 s. 5.

(2) The Governor in Council may at any time determine the appointment of any member of the Board. 71 Vacancies No. 6070 s. 71.

(1) The office of any member of the Board shall become vacant— (a) at the expiration of his term of office; (b) if he dies; (c) if he is incapable of continuing a member; S. 71(1)(d) (d) if he resigns in writing under his hand amended by No. 7621 addressed to the Minister; s. 12(8).

S. 71(1)(e) (e) if without leave granted by the Minister he amended by No. 9201 fails to attend three successive meetings of s. 12(a). the Board; S. 71(1)(ea) (ea) if he accepts or holds any place of profit inserted by No. 9201 under the Board; s. 12(b).

S. 71(1)(eb) (eb) if he fails to comply with the provisions of inserted by No. 9201 section 75A(1); or s. 12(b).

(f) if his appointment is terminated by the Governor in Council. (2) If the office of a member of the Board becomes vacant otherwise than by the retirement of such member at the expiration of his term of office a qualified person shall in accordance with this Division be appointed to fill the extraordinary vacancy. S. 71(3) (3) Any person appointed to fill an extraordinary substituted by No. 97/1998 vacancy holds office for the period, not exceeding s. 17. 3 years, which is specified in the instrument of his or her appointment. No. 6070 72 Who to preside s. 72.

(1) The chairperson shall preside at all meetings of S. 72(1) the Board and in his absence the deputy amended by Nos 41/1989 chairperson shall preside. s. 4(2), 11/1997 s. 7(1). (2) A quorum of the Board shall consist of three S. 72(2) amended by members. Nos 8209 s. 9, 41/1989 s. 4(3). (3) During any vacancy in the office of member the continuing members may, subject to there being a quorum, act as if no vacancy had occurred. (4) In the case of an equality of votes at any meeting S. 72(4) amended by of the Board the person presiding at the meeting No. 11/1997 shall have a second or casting vote. s. 7(2). (5) Subject to this Division the Board may regulate its own proceedings. 73 Chief executive officer and other officers of Board No. 6070 s. 73. S. 73 amended by No. 7621 s. 12(8), substituted by Nos 10014 s. 5(1), 41/1989 s. 5. (1) The Board shall appoint, with the approval of the S. 73(1) substituted by Minister, a fit and proper person to be the chief No. 11/1997 executive officer of the Board. s. 6. (2) The chief executive officer is entitled to be paid— S. 73(2) substituted by No. 11/1997 (a) the remuneration determined by the Board; s. 6. and (b) travelling and other allowances (if any) determined by the Board, with the approval of the Minister. (3) The chief executive officer is appointed subject to S. 73(3) substituted by any other terms and conditions determined by the Nos 73/1996 Board. s. 90(2), 11/1997 s. 6.

S. 73(3A) (3A) The chief executive officer— inserted by No. 11/1997 s. 6. (a) has control of the day to day administration of the affairs of the Board and must administer those affairs in accordance with the policies of, and directions given by, the Board; and (b) may exercise other powers and must perform other duties that are conferred or imposed on the chief executive officer by or under this Act or by the Board.

S. 73(3B) (3B) The Board may, with the approval of the Minister, inserted by No. 11/1997 revoke the appointment of the chief executive s. 6. officer at any time. (4) The Board shall appoint such other officers as are required. No. 6070 74 Travelling expenses and fees s. 74. S. 74 Each member of the Board shall be severally amended by No. 83/1995 entitled to receive such fees and travelling and s. 11(3). other allowances as are fixed by the Governor in Council in respect of that member. No. 6070 75 Functions of Board s. 75. The functions of the Board are subject to this Part — S. 75(a) (a) to control the sport of greyhound racing; amended by No. 8209 s. 21(1)(a)(ii).

(aa) to carry out research into aspects of S. 75(aa) greyhound racing to assist in planning future inserted by development; No. 9671 s. 9. (ab) to promote the sport of greyhound racing; S. 75(ab) inserted by No. 9671 s. 9.

(ac) to conduct greyhound races; S. 75(ac) inserted by No. 37/1994 s. 188(p).

(ad) to register greyhounds for greyhound racing S. 75(ad) inserted by or for stud or other purposes and to regulate No. 83/1995 the breeding, kennelling and verification of s. 5, substituted by lineage of greyhounds for greyhound racing No. 16/2001 or for stud or other purposes; s. 15.

(ae) to consult with greyhound racing industry S. 75(ae) inserted by participants and facilitate consultation No. 45/2004 amongst greyhound racing industry s. 9. participants; (b) to exercise such powers functions and duties as are conferred on the Board by or under this or any other Act. 75A Disclosure of pecuniary interest S. 75A inserted by No. 9201 (1) If a member of the Board knowingly has any s. 13. direct or indirect pecuniary interest in any contract or proposed contract with the Board or in any other matter in which the Board is concerned, and is present at any meeting of the Board at which the contract, proposed contract or other matter is being considered, he shall at the meeting, as soon as practicable after the commencement thereof, disclose his interest and he shall not remain in the room in which such meeting is being held during any consideration or discussion of or the taking of

any vote on any question with respect to the contract, proposed contract, or other matter. (2) For the purposes of this section a person shall be treated as having an indirect pecuniary interest in a contract, proposed contract or other matter, if— (a) he or any nominee of his is a member of a company or other body with which the contract is made or is proposed to be made or which has a direct or indirect pecuniary interest in the other matter under consideration; or (b) he is a partner, or is in the employment, of a person with whom the contract is made or is proposed to be made or who has a direct or indirect pecuniary interest in the other matter under consideration. S. 75A(3) (3) For the purposes of this section a member of the amended by No. 72/2001 Board who enters a greyhound of which the s. 3(Sch. member or the member's spouse or domestic item 11.6). partner is the owner part-owner or trainer in a greyhound race at meetings conducted by the Board shall not thereby be treated as having a direct or indirect interest in any contract or proposed contract or other matter with or concerning the Board. S. 75A(3A) (3A) For the purposes of this section, a member of the inserted by No. 27/1988 Board who holds office in or is a member or s. 4(2). employee of a greyhound racing club shall not thereby be treated as having a direct or indirect interest in a contract or proposed contract or other matter with or concerning that club. (4) Where a member of the Board has an indirect pecuniary interest in any contract, proposed contract or other matter and would not be treated as having such an interest but for the fact that he has a beneficial interest in shares of a company or

other body, then, if the total nominal value of those shares does not exceed $1000 or one- hundredth of the total nominal value of the issued share capital of the company or body (whichever is the less) so much of subsection (1) as precludes him from taking part in the consideration or discussion of, or voting on, any question with respect to the contract, proposed contract or other matter shall not apply to him. (5) Where the share capital of a company or other body is of more than one class, subsection (4) shall not apply if the total nominal value of all the shares of any one class in which he has a beneficial interest exceeds one-hundredth of the total nominal value of the issued share capital of that class of the company or other body. (6) The interest of a member's spouse or domestic S. 75A(6) substituted by partner is deemed, for the purposes of this section, No. 72/2001 to be also the interest of the member if— s. 3(Sch. item 11.7). (a) they are living together; and (b) the member knows of the interest. (7) A general notice given in writing to the chief S. 75A(7) amended by executive officer of the Board by a member of the Nos 10014 Board to the effect that the member or the s. 5(2), 41/1989 s. 6, member's spouse or domestic partner is a member 97/1998 s. 18, or in the employment of a specified company or 72/2001 s. 3(Sch. other body, or a partner or in the employment of a item 11.8(a) specified person, shall, unless and until the notice (b)). is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person which may be the subject of consideration after the date of the notice. (8) If a member of the Board fails to comply with the provisions of subsection (1) his seat shall

85 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 75B75C

thereupon become vacant and every such vacancy shall be deemed to be an extraordinary vacancy. (9) In this section the expression shares includes stock and the expression share capital shall be construed accordingly. S. 75B 75B Consultation procedures to be established inserted by No. 45/2004 s. 10. The Board must establish proper procedures to consult with greyhound racing industry participants and to facilitate consultation amongst greyhound racing industry participants.

S. 75C 75C Reporting on consultations inserted by No. 45/2004 s. 10. 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.

76 Fund and finances of Board No. 6070 s. 76. (1) The Board shall establish a fund to be called S. 76(1) amended by "Greyhound Racing Victoria Fund". Nos 8209 s. 21(1)(a)(ii), 16/2001 s. 28(Sch. item 17). (2) Subject to Division 3 and Part IV, there shall be S. 76(2) amended by paid into the said fund all moneys received by the No. 24/2000 Board, including fees under this Part and fines s. 12(2)(b). under the rules and also any moneys temporarily advanced to the Board by the Treasurer of Victoria. (3) The said fund shall be applied by the Board to meet any expenses incurred by the Board in performing any functions under this or any other Act (including payments to members and officers of the Board). (4) Any surplus of the said fund, after repayment with S. 76(4) amended by interest at such rate as is determined by the No. 8209 Treasurer of Victoria of all moneys temporarily s. 21(1)(a)(ii). advanced to the Board by the Treasurer, may be applied at the discretion of the Board for the benefit of greyhound racing clubs. 76A Borrowings by Board S. 76A inserted by No. 37/1994 For the purposes of carrying out its powers and s. 189. functions under this Act, the Board is authorised with the prior approval in writing of the Minister and the Treasurer to borrow moneys on such terms and conditions as the Treasurer approves.

Division 3—General control of greyhound racing Pt 3 Div. 3 (Heading) amended by No. 8209 s. 21(1)(a)(ii).

77 Registration etc. of clubs and persons participating No. 6070 s. 77. in greyhound racing

S. 77(1) (1) The Board may in accordance with the rules— amended by No. 9924 s. 3(c).

S. 77(1)(aa) (aa) fix dates and times for greyhound race- inserted by No. 37/1994 meetings; s. 188(q).

S. 77(1)(a) (a) register, refuse to register or deregister any amended by Nos 8209 greyhound owner, syndicate, trainer, s. 21(1)(a)(ii), attendant, trial track manager, greyhound 8603 s. 5, substituted by trial track or greyhound racing club; No. 32/1991 s. 7, amended by Nos 83/1995 s. 6(a), 16/2001 s. 16(a).

(b) charge and take for any such registration the fees prescribed therefor by the rules; S. 77(1)(c) (c) disqualify or suspend from participating in amended by No. 8209 greyhound racing any club greyhound or s. 21(1)(a)(ii). person; S. 77(1)(d) (d) exclude from participation in greyhound amended by Nos 8209 racing any club, syndicate, greyhound or s. 21(1)(a)(ii), person that is not registered as required by 83/1995 s. 6(b). this Part or the regulations or is under disqualification or suspension pursuant to this Part or the rules; S. 77(1)(da) (da) regulate the registration, breeding, inserted by No. 16/2001 kennelling and verification of lineage of s. 16(b). greyhounds for greyhound racing or for stud or other purposes; (e) fine or otherwise punish any club or person offending against the rules—

and any decision of the Board in relation to any of the matters referred to in paragraphs (a), (b) and (d) shall be final and without appeal. (2) Any steward of the Board or of a registered club S. 77(2) amended by who is authorized in writing in that behalf by the No. 9146 Board or the club (as the case may be) may in s. 11. accordance with the rules fine any person offending against the rules or disqualify or suspend from participating in greyhound racing any greyhound or person offending against the rules or both fine and disqualify or suspend any such greyhound or person. (3) The Board may suspend the members of a S. 77(3) substituted by committee or other managing body of any No. 6638 greyhound racing club and may appoint some fit s. 3(b), amended by and proper person to be administrator of the club. No. 8209 s. 21(1)(a)(ii), substituted by No. 9671 s. 10. (4) An administrator so appointed shall be deemed to S. 77(4) inserted by be the committee or other managing body of the No. 6638 club and shall have and exercise all the powers s. 3(b), amended by and be subject to all the duties of the club and all Nos 7621 the powers and duties of the chairman or any s. 4(1), 8209 s. 21(1)(a)(ii), member of the club. substituted by No. 9671 s. 10. (5) When an administrator has been appointed for any S. 77(5) inserted by club the Board may at any time it thinks fit No. 6638 remove the suspension of the members of the s. 3(b), amended by committee or other managing body of the club and No. 8344 thereupon all the powers and duties of the s. 26(3)(ff), substituted by administrator shall cease. No. 9671 s. 10. 77A Member of Board etc. may enter and inspect etc. S. 77A inserted by No. 9671 (1) A member of the Board or any officer authorized s. 11, by the Board in writing for the purpose (whether amended by No. 83/1995 generally or in any specific case) may at any s. 7(1).

reasonable hour enter premises used by a registered greyhound club and inspect and examine any books documents and other papers found in or on those premises and may make extracts from or copies of any books documents or papers for the purposes of determining whether any of the provisions of this Act are being contravened or of generally enforcing the provisions of this Act. S. 77A(2) (2) A member of the Board or a person authorised by inserted by No. 83/1995 the Board in writing for the purpose (whether s. 7(2). generally or in a specific case) may at any reasonable hour enter premises used for the purpose of kennelling or breeding greyhounds and may do any one or more of the following— (a) inspect the premises and any greyhound at the premises;

(b) inspect, and make copies of, or take extracts from, any document kept at the premises— for the purpose of determining compliance with this Act and the rules. S. 77A(3) (3) A person authorised by the Board may not inserted by No. 83/1995 exercise any power under this section if the person s. 7(2). fails to produce, on request, his or her identity card for inspection by the occupier of the premises. S. 77A(4) (4) A person authorised by the Board may not, under inserted by No. 83/1995 this section, enter a residence unless the occupier s. 7(2). of the residence has consented in writing to the entry and inspection. S. 77A(5) (5) An occupier who consents in writing to entry and inserted by No. 83/1995 inspection of his or her residence under this s. 7(2). section must be given a copy of the signed consent immediately.

(6) If, in any proceeding, a written consent is not S. 77A(6) produced to the court, it must be presumed, until inserted by No. 83/1995 the contrary is proved, that the occupier did not s. 7(2). consent to the entry and inspection. * * * * * No. 6070 s. 78. S. 78 amended by Nos 7621 s. 5, 8209 s. 21(1) (b), substituted by No. 83/1995 s. 8, repealed by No. 16/2001 s. 17. * * * * * S. 79 repealed.

79A Greyhound trials and training S. 79A inserted by (1) No person or body of persons shall conduct any No. 8603 s. 7. trials or other training of greyhounds on a greyhound trial track unless the track is registered in accordance with the rules and such trial or training is of a type authorized by the rules. (2) If any greyhound trial or training is held in S. 79A(2) amended by contravention of this section any owner or No. 125/1986 occupier of the land used and any person s. 13(i). participating in the conduct of the trial or training shall be liable to a penalty of not less than 10 penalty units or more than 50 penalty units. 80 Appeals to the Board No. 6070 s. 80. (1) A person— S. 80 amended by (a) on whom a penalty has been imposed or Nos 8209 s. 21(1)(a)(ii), against whom any other decision has been 9146 s. 12, made by a steward under the rules; or 9671 s. 12(a) (b), 9924 s. 3(d), substituted by No. 97/1998 s. 19. 91 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings

S. 80(1)(b) * * * * * repealed by No. 16/2001 s. 18(1).

may appeal to the Board against that decision. (2) For the purposes of hearing and determining an appeal, the Board may be constituted by— (a) the whole Board, or, one or more members of the Board, selected by the chairperson of the Board; or S. 80(2)(b) (b) the whole Board, or, one or more members amended by No. 16/2001 of the Board, selected by the chairperson of s. 18(2). the Board, sitting with one or more persons, selected by the chairperson of the Board, from the panel of persons appointed under section 81; or S. 80(2)(c) (c) one or more persons, selected by the amended by No. 16/2001 chairperson of the Board, from the panel of s. 18(2). persons appointed under section 81. S. 80(3) (3) For the purposes of hearing and determining an amended by No. 16/2001 appeal, the Board may be assisted by an assessor, s. 18(3). selected by the chairperson of the Board from the panel of persons appointed under section 81A. (4) If more than one person is to hear and determine an appeal, the chairperson of the Board must choose the person who is to preside. (5) If an assessor is to assist the Board in the hearing of an appeal, the assessor must not take part in the making of any decision or order or the giving of any direction by the Board. Ss 80A, 81 * * * * * repealed.

81 Panel of persons for selection for hearing and New s. 81 determining appeals inserted by No. 97/1998 (1) The Governor in Council, on the recommendation s. 19. of the Minister, may appoint a panel of persons to be available for selection by the chairperson of the Board for the purposes of hearing and determining appeals. (2) A member of the panel— (a) holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re- appointment; and (b) may be removed from office at any time by the Governor in Council; and (c) is entitled to receive the remuneration and travelling and other allowances (if any) which are fixed by the Governor in Council for that member. 81A Panel of assessors S. 81A inserted by No. 97/1998 (1) The Minister, after consultation with the Board, s. 19. may appoint a panel of persons to be assessors, to assist the Board in the hearing and determining of appeals. (2) A member of the panel— (a) holds office for the period, not exceeding 3 years, specified in the instrument of his or her appointment and is eligible for re- appointment; and (b) may be removed from office at any time by the Minister; and (c) is entitled to receive the remuneration and travelling and other allowances (if any) which are fixed by the Minister for that member.

(3) The Minister must cause the names of members of the panel to be published in the Government Gazette. No. 6070 82 Rules of Board s. 82. S. 82 amended by Nos 8209 s. 21(1)(a)(ii), 8603 s. 6(1).

S. 82(1) (1) The Board may make rules for or with respect to amended by No. 83/1995 the control of the sport of greyhound racing in s. 9(1). Victoria and the regulation of the registration and breeding of greyhounds for greyhound racing, including (without affecting the generality of the foregoing) rules for or with respect to fees for registrations, fines, and any matter whatsoever which the Board is by or under this or any other Act required or empowered to administer or perform. S. 82(1A) (1A) Without limiting the powers of the Board under inserted by No. 83/1995 subsection (1), the Board may make rules for or s. 9(2). with respect to— (a) the registration of greyhounds as racing greyhounds, stud greyhounds or breeding greyhounds; (b) the recognition of registration of greyhounds in a State or Territory other than Victoria, or outside Australia; (c) the approval of registered greyhounds for racing; (d) the breeding and kennelling of greyhounds, including the registration of— (i) services by stud greyhounds; and (ii) results of matings; and (iii) greyhound puppies in a litter;

(e) the collection of body samples from greyhounds to verify lineage for the purposes of registration; (f) fees to be paid for registration, recognition of registration, approval for racing and the collection and testing of body samples. (2) For the purposes of subsection (1) control of the S. 82(2) inserted by sport of greyhound racing in Victoria extends to No. 8603 control of the use of greyhound trial tracks. s. 6(2).

83 Regulations No. 6070 s. 83. (1) The Governor in Council may make regulations for or with respect to— * * * * * S. 83(1)(a) amended by Nos 7621 s. 6, 8209 s. 21(1) (b), 9146 s. 13, repealed by No. 83/1995 s. 10.

(b) elections for the purposes of this Part; (c) fees and costs of appeals to the Board against S. 83(1)(c) amended by decisions of stewards of the Board or of No. 8209 stewards or committees of greyhound racing s. 21(1)(a)(ii). clubs; * * * * * S. 83(1) (ca)–(cc) inserted by No. 9671 s. 14, repealed by 95 No. 9924 s. 3(f). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83

S. 83(1)(d) (d) penalties not exceeding 5 penalty units for amended by No. 125/1986 any breach of the regulations; s. 13(d).

(e) any other matters or things by this Part required or authorized to be prescribed by regulations or necessary or expedient to be prescribed for carrying this Division into effect. (2) Any such regulation may confer or impose on the Board such powers (including power to make rules) and duties as are necessary or expedient to carry this Division into effect.

S. 83(3) * * * * * repealed by No. 6886 s. 3.

______

Pt 3A * * * * * (Heading and ss 83A–83E) repealed.

______

96 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83F

PART IIIB—RACING APPEALS TRIBUNAL Pt 3B (Heading and ss 83F–83O) inserted by No. 9924 s. 2.

83F Definitions S. 83F inserted by In this Part unless inconsistent with the context or No. 9924 s. 2. subject-matter— adviser means a member of the panel of advisers established under section 83I; appeal means an appeal instituted under subsections (1) or (2) of section 83K, and appellant means a person who institutes such an appeal; Australian lawyer has the same meaning as in the S. 83F def. of Australian Legal Profession Act 2004; lawyer inserted by No. 18/2005 s. 18(Sch. 1 item 91.1). Chairman or Deputy Chairman means the Chairman or a Deputy Chairman of the Tribunal, appointed under section 83H; controlling body means— S. 83F def. of controlling body (a) in the case of horse racing Racing amended by Victoria; Nos 16/2001 s. 28(Sch. (b) in the case of harness racing Harness item 18(a)(b)), 35/2001 Racing Victoria; and s. 6(Sch. 1 item 8). (c) in the case of greyhound racing Greyhound Racing Victoria;

97 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83F

S. 83F def. of horse racing appeals and disciplinary body horse racing means a body— appeals and disciplinary (a) the members of which are appointed by body inserted by the directors of Racing Victoria under No. 92/2005 the Rules of Horse Racing, as made by s. 3(1). Racing Victoria; and (b) which has the function of hearing and determining— (i) charges under those rules; and (ii) appeals from decisions of Stewards under those rules; S. 83F def. of penalty means all or any of the following— penalty inserted by No. 16/2001 (a) any— s. 19, amended by (i) suspension; or No. 73/2008 s. 8. (ii) disqualification; or (iii) warning off— from participating in racing in any capacity other than the capacity of bookmaker or bookmaker's key employee; or (b) the imposition of a fine relating to any participation in racing in any capacity other than the capacity of bookmaker or bookmaker's key employee; proceeding means any proceeding before the Tribunal following the institution of an appeal under section 83K; Registrar means the person appointed as Registrar under section 83J;

98 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83G

Steward means a person appointed as such in accordance with the Rules of a controlling body or a person so appointed as a Deputy Steward; Tribunal means the Racing Appeals Tribunal established by this Part. 83G Racing Appeals Tribunal S. 83G inserted by (1) For the purposes of this Act there is hereby No. 9924 s. 2. established an appeals tribunal to be known as the Racing Appeals Tribunal. (2) The Tribunal shall consist of a Chairman and one or more Deputy Chairmen. 83H Chairman and Deputy Chairmen S. 83H inserted by (1) The Chairman and Deputy Chairmen— No. 9924 s. 2. (a) shall each be an Australian lawyer of no less S. 83H(1)(a) amended by than seven years' standing; No. 18/2005 s. 18(Sch. 1 item 91.2). (b) shall be appointed by the Governor in Council; (c) subject to this Act, shall each hold office for the period (not exceeding three years) specified in the instrument of his appointment but shall be eligible for re-appointment; (d) may be removed from office at any time by the Governor in Council at his absolute discretion; (e) shall be paid such remuneration and such travelling and other allowances as are fixed from time to time by the Governor in Council; and

99 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83I

S. 83H(1)(f) (f) shall in respect of that office be subject to the amended by Public Administration Act 2004 (other than Nos 73/1996 s. 90(3), Part 3 of that Act). 46/1998 s. 7(Sch. 1), substituted b y Nos 108/2004 s. 117(1) (Sch. 3 item 171.2), 80/2006 s. 26(Sch. item 90.1). (2) For any period during which the Chairman is absent or unable to act the Minister shall appoint one of the Deputy Chairmen to be acting Chairman. S. 83H(3) (3) For any period during which a Deputy Chairman amended by No. 18/2005 is absent or unable to act the Governor in Council s. 18(Sch. 1 may appoint another Australian lawyer of no less item 91.3). than seven years' standing to be acting Deputy Chairman. (4) A person appointed under subsection (2) or (3) shall— (a) have the powers attached to the office in which he is acting; and (b) shall be paid such remuneration and such travelling and other allowances as are fixed by the Governor in Council. S. 83I 83I Panel of advisers inserted by No. 9924 s. 2. (1) For the purposes of this Act there shall be formed a panel of no less than six persons of whom two shall from time to time be advisers to the Tribunal.

100 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83I

(2) Members of the panel— (a) shall each have, in the Minister's opinion, sound knowledge of at least one of the three principal racing codes to which this Act applies, namely, horse racing, harness racing and greyhound racing; (b) shall be appointed by the Minister; (c) subject to this Act shall each hold office for the period specified in the instrument of his appointment but shall be eligible for re- appointment; (d) may be removed from office at any time by the Minister at his absolute discretion; (e) shall be paid such remuneration and such travelling and other allowances as are fixed from time to time by the Minister; and (f) shall in respect of that office be subject to the S. 83I(2)(f) amended by Public Administration Act 2004 (other than Nos 73/1996 Part 3 of that Act). s. 90(4), 46/1998 s. 7(Sch. 1), substituted b y Nos 108/2004 s. 117(1) (Sch. 3 item 171.3), 80/2006 s. 26(Sch. item 90.2). (3) The Minister from time to time shall cause the names of members of the panel to be published in the Government Gazette. (4) For any period during which a member of the panel is absent or unable to act the Minister may appoint as an acting member of the panel another person who has, in the Minister's opinion, knowledge of racing comparable to that of the member who is absent or unable to act.

101 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83J

(5) A person appointed under subsection (4) shall be paid such remuneration and such travelling and other allowances as are fixed by the Minister. (6) In any appeal before the Tribunal the two advisers to the Tribunal shall be members of the panel whose knowledge of racing relates to the particular code of racing with which the appeal is concerned. S. 83J 83J Registrar inserted by No. 9924 s. 2.

S. 83J(1) (1) A Registrar of the Tribunal and any employees amended by No. 73/1996 that are necessary for the purposes of this Part are s. 90(5), to be employed under Part 3 of the Public substituted by No. 46/1998 Administration Act 2004. s. 7(Sch. 1), amended by No. 108/2004 s. 117(1) (Sch. 3 item 171.4). (2) The Registrar shall— (a) keep a register in the prescribed form containing the prescribed particulars of all appeals lodged with the Registrar and of all determinations made thereon by the Tribunal; (b) issue such summonses to witnesses and other process as directed by the Tribunal; and (c) perform other functions as directed by the Tribunal. (3) The register kept by the Registrar pursuant to paragraph (a) of subsection (2) may be inspected free of charge at any reasonable time by any person on demand.

102 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83K

1 83K Appeals to the Tribunal S. 83K inserted by No. 9924 s. 2. (1) Subject to this Part, a person upon whom a S. 83K(1) amended by penalty has been imposed by— Nos 83/1995 s. 12(1)(a), (a) in the case of harness racing and greyhound 16/2001 s. 20(1)(a)(b), racing, the appropriate controlling body; substituted b y No. 92/2005 (b) in the case of horse racing, the horse racing s. 3(2). appeals and disciplinary body— may, within 14 days after the imposing of the penalty, in the prescribed form appeal to the Tribunal, and the Tribunal shall hear and determine the appeal. (2) Subject to this Part, a person upon whom a S. 83K(2) amended by penalty has been imposed by a Steward or Nos 77/1993 Stewards may, within 14 days after the imposing s. 6(1), 83/1995 of the penalty, in the prescribed form appeal to the s. 12(1)(b), Tribunal, and the Tribunal shall hear and 16/2001 s. 20(2)(a)(b). determine the appeal in the circumstances described in subsections (4), (4A), (4B), (5) and (6). (3) Notwithstanding subsections (1) and (2) an appeal shall not lie to the Tribunal against— (a) any decision concerning the eligibility of any animal to race or the conditions upon which an animal can race; or (b) any disqualification or suspension of an animal from racing (except where that disqualification or suspension of the animal is imposed in conjunction with a penalty imposed upon a person). (4) Where the penalty imposed on the appellant is his S. 83K(4) amended by suspension disqualification or warning off from Nos 77/1993 participating in racing as an owner, trainer or s. 6(2), 92/2005 jockey or in any other capacity for a period of, in s. 3(3)(a). the case of harness racing, 3 months or more or, in

any other case, twelve months or more, the appellant may not appeal against the imposition of that penalty to the appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires) but the appellant may appeal against the imposition of that penalty to the Tribunal. S. 83K(4A) (4A) If, in the case of harness racing, the penalty inserted by No. 77/1993 imposed on the appellant is a fine of $1000 or s. 6(3), more, the appellant may not appeal against the amended by No. 16/2001 imposition of that penalty to Harness Racing s. 28(Sch. Victoria but the appellant may appeal against the item 19). imposition of that penalty to the Tribunal. S. 83K(4B) (4B) If, in the case of harness racing, the appeal is inserted by No. 77/1993 against a penalty imposed in a matter involving a s. 6(3), prohibited substance within the meaning of the amended by No. 16/2001 Rules of Harness Racing made under section 49, ss 20(3)(a)– the appellant may not appeal against the penalty to (c), 28(Sch. item 19). Harness Racing Victoria but the appellant may appeal against the penalty to the Tribunal. S. 83K(4C) * * * * * inserted by No. 16/2001 s. 20(4), amended by No. 35/2001 s. 6(Sch. 1 item 9), repealed by No. 45/2004 s. 11.

S. 83K(5) (5) Where the penalty imposed on the appellant is his amended by No. 92/2005 suspension from participating in racing as an s. 3(3)(b). owner, trainer or jockey or in any other capacity for a period of less than one month, or is a fine in a sum less than $250, the Tribunal shall hear and determine the appeal only if it is of the opinion that it is in the public interest that it do so and the appellant has first unsuccessfully appealed to the appropriate controlling body or the horse racing

appeals and disciplinary body (as the case requires). (6) Subject to subsections (6A) and (6B), in the case S. 83K(6) amended by of every other appeal under subsection (2) the Nos 27/1988 Tribunal shall hear and determine the appeal if the s. 5(1), 92/2005 appellant has first unsuccessfully appealed to the s. 3(3)(b). appropriate controlling body or the horse racing appeals and disciplinary body (as the case requires). (6A) If— S. 83K(6A) inserted by No. 27/1988 s. 5(2), amended by No. 16/2001 s. 20(5)(b).

(a) a penalty has been imposed upon more than S. 83K(6A)(a) amended by one person arising out of the same set of No. 16/2001 circumstances; and s. 20(5)(a). (b) any one of those persons is entitled to appeal S. 83K(6A)(b) amended by under subsection (4), (4A) or (4B)— No. 77/1993 s. 6(4).

any person referred to in paragraph (a) may appeal against the penalty to the Tribunal. (6B) If— S. 83K(6B) inserted by No. 27/1988 s. 5(2), amended by No. 16/2001 s. 20(6)(b).

(a) more than one penalty has been imposed S. 83K(6B)(a) amended by upon a person arising out of the same set of No. 16/2001 circumstances; and s. 20(6)(a).

S. 83K(6B)(b) (b) the person is entitled to appeal under amended by subsection (4), (4A) or (4B) and under No. 77/1993 s. 6(5). subsection (5) or (6)— the person may appeal to the Tribunal against all penalties. S. 83K(6C) (6C) If subsection (6A) or (6B) applies, the appropriate inserted by No. 27/1988 controlling body or the horse racing appeals and s. 5(2), disciplinary body (as the case requires) has no amended by No. 92/2005 jurisdiction to hear and determine the appeal. s. 3(3)(b).

S. 83K(6D) (6D) An appeal instituted after the end of the period inserted by No. 83/1995 referred to in subsection (1) or (2) is deemed to be s. 12(2). an application for leave to appeal under subsection (1) or (2). S. 83K(6E) (6E) The Tribunal may grant leave under subsection inserted by No. 83/1995 (6D) and the appellant may proceed with the s. 12(2). appeal if the Tribunal is of the opinion that the appellant has given an adequate explanation for the failure to institute the appeal within the period referred to in subsection (1) or (2). S. 83K(7) (7) Pending the determination of an appeal the amended by Nos 27/1988 Chairman or a Deputy Chairman may order a stay s. 5(3), of the execution of the penalty appealed against 16/2001 s. 20(7). subject to any terms or conditions that the Chairman or Deputy Chairman thinks appropriate. S. 83K(8) (8) The appellant may at any time give to the substituted by No. 27/1988 Registrar written notice of intention to abandon an s. 5(4). appeal. S. 83K(8A) (8A) The Tribunal may— substituted by No. 27/1988 s. 5(4). (a) impose any condition as to the payment of costs or otherwise that it thinks fit before an appeal may be abandoned; or (b) determine that no condition be imposed.

(8B) If a condition imposed under subsection (8A) is S. 83K(8B) satisfied or the Tribunal determines that no inserted by No. 27/1988 condition be imposed, the appeal is abandoned s. 5(4). and the Registrar must refund the money lodged by the appellant with the appeal. (8C) On the hearing of an appeal, the Tribunal, of its S. 83K(8C) inserted by own motion or on the application of a party to the No. 27/1988 appeal, may, with the consent of the appellant, s. 5(4), amended by proceed to hear the appeal as if the matter in No. 16/2001 respect of which the penalty has been imposed s. 20(8). were a matter substituted by direction of the Tribunal. (8D) An appeal heard under subsection (8C) must be by S. 83K(8D) inserted by way of rehearing. No. 27/1988 s. 5(4).

(9) In determining an appeal the Tribunal may affirm, S. 83K(9) amended by vary or quash the penalty appealed against and Nos 16/2001 may make or substitute any penalty which the s. 20(9), 92/2005 Steward or Stewards, the appropriate controlling s. 3(3)(c). body or the horse racing appeals and disciplinary body (as the case requires) would have been empowered to make. (10) The determination of the Tribunal and any penalty S. 83K(10) amended by arising from it are binding upon the appellant, the No. 16/2001 Steward or Stewards and— s. 20(10), substituted b y No. 92/2005 (a) in the case of harness racing, Harness Racing s. 3(4). Victoria; (b) in the case of greyhound racing, Greyhound Racing Victoria; (c) in the case of horse racing, Racing Victoria and the horse racing appeals and disciplinary body.

107 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83KA

S. 83KA 83KA Appeals by Stewards to the Tribunal inserted by No. 16/2001 s. 21.

S. 83KA(1) (1) Subject to this Part, a Steward may appeal to the substituted by No. 45/2004 Tribunal— s. 12(1). (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. S. 83KA(2) (2) An appeal by a Steward must be made within amended by No. 45/2004 14 days after the decision of the appropriate s. 12(2). controlling body or the horse racing appeals and disciplinary body (as the case requires). (3) The Tribunal must hear and determine the appeal and in doing so may— (a) vary or quash the decision appealed against; or S. 83KA(3)(b) (b) make or substitute any decision which the substituted b y No. 92/2005 appropriate controlling body or the horse s. 3(5)(a). racing appeals and disciplinary body (as the case requires) would have been empowered to make. S. 83KA(4) (4) The determination of the Tribunal and any substituted by No. 45/2004 decision arising from it is binding upon the s. 12(3). 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;

108 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83L

(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. (5) Pending the determination of an appeal under this section, the person chairing the Tribunal may order a stay of execution of the decision appealed against subject to any terms and conditions that person thinks appropriate. * * * * * S. 83KA(6) inserted by No. 45/2004 s. 12(4), repealed by No. 92/2005 s. 3(5)(b).

83L Constitution of Tribunal S. 83L inserted by (1) For the purpose of hearing and determining an No. 9924 s. 2. appeal, the Tribunal shall be constituted by the Chairman (or a Deputy Chairman) who shall sit with two advisers appointed by the Minister from the panel established by section 83I. (2) Subject to subsection (3) in hearing and determining an appeal before the Tribunal, the Chairman (or Deputy Chairman) alone shall decide all questions of law and of facts and shall make all decisions and orders, including as to the fixing of a penalty, and give all directions required to be made or given by the Tribunal and any decision order or direction of the Chairman (or a Deputy Chairman) shall be deemed to be a decision order or direction of the Tribunal.

109 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83M

(3) Where a question of law arises in proceedings before the Tribunal the Chairman (or Deputy Chairman) may, if he thinks fit, reserve the question in the form of a special case for the opinion of the Supreme Court and accordingly postpone the further hearing of the appeal, and the Supreme Court shall give its opinion on the question of law so reserved. (4) The advisers to the Tribunal— (a) may advise the Chairman (or Deputy Chairman) on any matter other than a question of law; and (b) may assist the Chairman (or Deputy Chairman) in any way he may require in performing the functions of the Tribunal— but shall not participate in the making of any decision or order or in the giving of any direction by the Tribunal. S. 83M 83M Hearing of appeals inserted by No. 9924 s. 2. (1) Subject to this Part and any regulations made hereunder, the Tribunal— (a) may regulate its own procedure; and (b) is not bound by formal rules and practices as to evidence, but may inform itself as to any matter in such manner as it thinks fit. (2) An appeal before the Tribunal shall— (a) be held at such place and time as is determined by the Tribunal, save that it shall be held in public; and (b) be by way of rehearing unless the Tribunal otherwise directs. S. 83M(3) (3) An appeal under section 83K shall not be heard amended by No. 16/2001 until the appellant has first lodged a prescribed s. 22. sum of money with the Registrar.

110 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83M

(4) Upon the determination of an appeal the sum so lodged shall be refunded to the appellant unless the Tribunal is of the opinion that the appeal was frivolous or vexatious and directs the Registrar not to refund the money or to refund only a part of it. (5) Any money not refunded to the appellant shall be paid to the appropriate controlling body. (6) The Tribunal may of its own motion or on the application of any party to a proceeding before it direct the Registrar to issue and to serve on any person a summons to appear before the Tribunal to give evidence or to produce such documents as are specified in the summons and may make an order for the manner of service of the summons (including an order for substituted service). (7) A person who without lawful excuse disobeys a summons of the Tribunal shall be guilty of an offence. Penalty: 5 penalty units. (8) Evidence before the Tribunal— (a) shall be given orally unless the Tribunal has given leave to allow the evidence to be given in writing or partly orally and partly in writing; and (b) shall be given on oath, or on affirmation or S. 83M(8)(b) substituted by by declaration instead of on oath, unless the No. 45/2004 Tribunal gives leave for that evidence to not s. 13. be so given. (9) The Chairman and Deputy Chairmen are hereby empowered to administer an oath or, as the case may be, to take and receive an affirmation or declaration for the purpose of receiving evidence.

111 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83MA

S. 83M(10) (10) All parties to an appeal shall be present at the amended by hearing of the appeal, but each may be represented No. 18/2005 s. 18(Sch. 1 by an Australian lawyer or, with the leave of the item 91.4). Tribunal, by any other person. (11) Each party to an appeal shall pay his own costs except where the Tribunal is of the opinion that this would be unjust, in which case the Tribunal may make such order as to costs as it thinks fit. S. 83MA 83MA Protection of members, legal practitioners and inserted by No. 27/1988 witnesses s. 6. (1) A member of the Tribunal has, in the performance of duties as a member, the same protection and immunity as a Judge of the Supreme Court. S. 83MA(2) (2) A person appearing before the Tribunal on behalf amended by No. 35/1996 of a party has the same protection and immunity s. 453(Sch. 1 as an Australian legal practitioner (within the item 70), substituted b meaning of the Legal Profession Act 2004) has in y No. 18/2005 appearing for a party in proceedings in the s. 18(Sch. 1 item 91.5). Supreme Court. (3) Subject to this Act, a person summoned to attend or appearing before the Tribunal as a witness has the same protection, and, in addition to the penalties provided by this Act, is subject to the same liabilities, as a witness in proceedings in the Supreme Court. S. 83MB 83MB Contempt of Tribunal inserted by No. 83/1995 s. 13. A person must not— (a) insult a member of the Tribunal in the performance of functions or the exercise of powers as a member at a proceeding before the Tribunal; or (b) interrupt a proceeding before the Tribunal; or

112 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83N

(c) create a disturbance, or take part in creating or continuing a disturbance, in or near a place where the Tribunal is conducting a proceeding; or (d) do any other act that would, if the Tribunal were a court of record, constitute contempt of that court. Penalty:10 penalty units or imprisonment for 3 months. 83N Offence S. 83N inserted by Any person who fails to comply with the No. 9924 s. 2. provisions of this Part or with any regulation made hereunder or who fails to abide by any decision or comply with any order or direction of the Tribunal, including any order imposing a penalty, shall be guilty of an offence. Penalty:10 penalty units. 83NA Jurisdiction to hear and determine racing matters S. 83NA inserted by No. 27/1988 (1) The Supreme Court does not have jurisdiction to s. 7. hear, or continue to hear, or determine any proceedings in which a person bringing the proceedings brings in issue the matter of the exercise of, or the failure to exercise, a power if— (a) the Tribunal has jurisdiction to hear and determine the matter; and (b) the matter— (i) has not been referred to the Tribunal; or (ii) if so referred, has not been determined by the Tribunal. (2) If the Supreme Court is of the opinion that there are special circumstances which justify the hearing by the Court of proceedings to which subsection (1) applies, the Court may direct that

113 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83NB

subsection (1) does not apply to those proceedings. (3) If a Court determines any proceedings to which subsection (1) applies but does not give a direction under subsection (2), nothing in this section invalidates the decision of the Court. S. 83NB 83NB Costs of Tribunal inserted by No. 37/1994 s. 190. (1) VicRacing Pty Ltd, A.C.N. 064 067 849, must pay to the Minister for payment into the Consolidated Fund a Tribunal charge in such instalments in respect of such periods in each financial year as the Minister determines from time to time. (2) The Tribunal charge is such amount in respect of each financial year as the Minister determines, having regard to the reasonable costs and expenses of the Tribunal in respect of the financial year. S. 83O 83O Regulations inserted by No. 9924 s. 2, amended by (1) The Governor in Council may make regulations No. 49/1987 for or with respect to prescribing— s. 23(c). (a) forms for the purposes of this Part; (b) the form and content of the register; (c) the sum of money to be lodged by an appellant with his appeal; (d) generally, the procedure of the Tribunal; S. 83O(1)(e) * * * * * repealed by No. 83/1995 s. 11(4).

(f) generally any matter or thing which by this Part is authorized to be prescribed or which is expedient to be prescribed for the purposes of this Part.

114 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83O

(2) The regulations may apply, adopt or incorporate S. 83O(2) (with or without modification) any matter inserted by No. 49/1987 contained in any document issued or adopted by s. 23(d). any specified person or body as issued or adopted at the time the regulation is made or at any time before then. ______

115 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83P

Pt 3C PART IIIC—REVIEW BY VICTORIAN CIVIL AND (Heading and ss 83P–83S) ADMINISTRATIVE TRIBUNAL inserted by No. 16/2001 s. 23.

S. 83P 83P Definitions inserted by No. 16/2001 s. 23. In this Part—

S. 83P def. of bookmaking licence means a licence or other bookmaking licence authority issued in respect of a bookmaker or amended by bookmaker's key employee by a controlling No. 19/2002 s. 5, body or racing club under any rules made substituted b under section 5, 91A or 91B; y No. 73/2008 s. 9(1).

controlling body has the same meaning as in Part IIIB; S. 83P def. of occupational racing licence means any licence, occupational racing licence registration, permit or other authority amended by required under the rules made by a No. 73/2008 s. 9(2). controlling body for a person to participate in any occupation in racing or in any class or category of an occupation in racing, other than a bookmaking licence or registration of a bookmaker or bookmaker's key employee under Part 5A of Chapter 4 of the Gambling Regulation Act 2003. S. 83Q 83Q Review by VCAT of occupational racing licences inserted by No. 16/2001 s. 23. In the case of an occupational racing licence, a person may apply to the Victorian Civil and Administrative Tribunal for review of— (a) a decision to refuse an application for such a licence; or

116 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83R

(b) a decision to— (i) refuse to renew such a licence; or (ii) revoke such a licence; or (c) a decision to— (i) impose a condition on; or (ii) vary or revoke a condition on; or (iii) refuse to vary or revoke a condition on — such a licence. 83R Review by VCAT of bookmaking licences S. 83R inserted by No. 16/2001 In the case of a bookmaking licence, a person may s. 23. apply to the Victorian Civil and Administrative Tribunal for review of— (a) a decision to refuse an application for such a licence; or (b) a decision to— (i) refuse to renew such a licence; or (ii) revoke such a licence; or (c) a decision to— (i) impose a condition on; or (ii) vary or revoke a condition on; or (iii) refuse to vary or revoke a condition on; or (iv) suspend— such a licence; or (d) a decision to disqualify a person from holding such a licence; or (e) a decision to impose a fine on the holder of such a licence for any matter connected with such a licence; or

117 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 83S

(f) a decision to warn off the holder of such a licence. S. 83S 83S Time limit for applying for review inserted by No. 16/2001 s. 23. An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. ______

PART IV—REGISTERED BOOKMAKERS AND Pt 4 (Heading) CONTROLLING BODIES substituted by No. 6790 s. 4, amended by No. 97/1998 s. 20, substituted by Nos 19/2002 s. 6, 73/2008 s. 10(1).

84 Definitions No. 6070 s. 84. In this Part unless inconsistent with the context or subject-matter— approved betting event has the same meaning as S. 84 def. of approved in the Gambling Regulation Act 2003; betting event inserted by No. 18/2007 s. 6(h).

* * * * * S. 84 def. of approved bookmaking company inserted by No. 19/2002 s. 7(a), repealed by No. 73/2008 s. 10(2). * * * * * S. 84 def. of automatic recorder inserted by No. 17/1992 s. 9(a), repealed by No. 24/2000 s. 12(2)(c).

bookmaker includes any person who (whether on S. 84 def. of bookmaker the person's own account or as employee or amended by agent of any other person) carries on the Nos 6790 s. 5(a), business or vocation of or acts as a 73/1996 bookmaker or turf commission agent, and s. 86(a)(i), 74/2000 any person who gains or endeavours to gain s. 3(Sch. 1 item 107.2), 19/2002 s. 7(b)(i)(ii). 119 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 84

a livelihood wholly or partly by betting or making wagers;

S. 84 def. of bookmaker's betting turnover for a period, means bookmaker's betting the gross amount of all bets made with a turnover bookmaker in that period less the gross inserted by No. 24/2000 amount of bets made in that period by the s. 12(2)(d), bookmaker in respect of those bets with— amended by No. 114/2003 s. 12.1.3(Sch. (a) other bookmakers who are carrying on 6 their business or vocation under a club item 10.7(a)). bookmaker's licence in accordance with this Act; and (b) the holder of the wagering licence under Part 3 of Chapter 4 of the Gambling Regulation Act 2003; S. 84 def. of * * * * * bookmaker's clerk amended by Nos 7230 s. 3, 19/2002 s. 7(c), repealed by No. 73/2008 s. 10(2). S. 84 def. of * * * * * bookmaker's course agent inserted by No. 6790 s. 5(b), repealed by No. 73/1996 s. 86(a)(ii).

S. 84 def. of club bookmaker's licence means an unexpired club bookmaker's licence or permit (including a substitute licence licence or substitute permit) whereby a amended by Nos 73/1996 bookmaker is licensed or permitted by s. 88(1)(a), Racing Victoria or Harness Racing Victoria 16/2001 s. 28(Sch. or Greyhound Racing Victoria or by any item 20(a)), racing club or by any person having the 35/2001 s. 6(Sch. 1 item 10(a)), 19/2002 s. 7(d). 120 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 84

management or control of a race-course or by any promoter of any sports on any sports ground to carry on the business or vocation of bookmaking on a race-course or any part thereof or (as the case may be) on a sports ground as specified in the licence or permit; * * * * * S. 84 def. of Committee repealed by No. 73/2008 s. 10(2). controlling body means— S. 84 def. of controlling body (a) Racing Victoria; inserted by No. 24/2000 (b) Harness Racing Victoria; s. 12(2)(d), amended by (c) Greyhound Racing Victoria; Nos 16/2001 s. 28(Sch. item 20(b)(i) (ii)), 35/2001 s. 6(Sch. 1 item 10(b)).

* * * * * S. 84 def. of gaming investigator inserted by No. 125/1986 s. 7(a), repealed by No. 24/2000 s. 12(2)(c).

* * * * * S. 84 def. of member repealed by No. 73/2008 s. 10(2). prescribed means prescribed by regulations made under this Part; promoter means the person or body that has the S. 84 def. of promoter control, direction, conduct or management of amended by any sports and occupying or having authority No. 7621 s. 13(5)(a), substituted b y No. 114/2003 s. 12.1.3(Sch. 6 121 item 10.7(b)). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 84

to occupy the sports ground on which the sports are played;

S. 84 def. of race-course has the same meaning as racecourse race-course amended by has in section 2.1.2 of the Gambling No. 7621 Regulation Act 2003; s. 13(5)(b), substituted b y No. 114/2003 s. 12.1.3 (Sch. 6 item 10.7(c)). S. 84 def. of * * * * * race-meeting amended by No. 7621 s. 13(5)(b), repealed by No. 16/2001 s. 24.

S. 84 def. of racing club means club association society or racing club amended by body of persons corporate or unincorporate Nos 9671 formed for promoting or controlling horse s. 28, 73/1996 s. 88(1)(b), racing pony racing or harness racing or 35/2001 greyhound racing or for holding race- s. 6(Sch. 1 item 10(c)), meetings but does not include Racing 19/2002 Victoria, Harness Racing Victoria and s. 7(e). Greyhound Racing Victoria; regulations means regulations made under this Part; S. 84 def. of sports means bicycle races, foot races, coursing sports amended by matches, dog races (other than greyhound No. 7621 races), cricket matches, football matches or s. 13(5)(a), substituted b any other game, exercise, pastime or contest y No. (other than a horse race) to which persons 114/2003 s. 12.1.3 commonly resort as spectators; (Sch. 6 item 10.7(d)).

sports ground means any land to which persons S. 84 def. of are admitted, either at all times or only at sports ground certain times and whether on payment of an amended by entrance fee or otherwise, for the purpose of No. 7621 s. 13(5)(a), taking part in or watching any sports; substituted b y No. 114/2003 s. 12.1.3 (Sch. 6 item 10.7(e)). * * * * * S. 84 defs of substitute licence and substitute permit repealed by No. 73/2008 s. 10(2).

* * * * * S. 84 def. of trading bookmaking partnership inserted by No. 19/2002 s. 7(a), repealed by No. 73/2008 s. 10(2). * * * * * S. 84 def. of write out inserted by No. 17/1992 s. 9(b), repealed by No. 24/2000 s. 12(2)(c).

* * * * * S. 85 amended by Nos 7082 s. 4, 8080 s. 5(1), 8209 ss 12, 21(1)(a)(ii), 9671 s. 29, 83/1995 s. 11(5), 97/1998 s. 21, 16/2001 s. 28(Sch. item 21), 35/2001 s. 6(Sch. 1 item 11), 19/2002 s. 8, repealed by No. 73/2008 s. 10(3). 123 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 8586

S. 85AA * * * * * inserted by No. 16/2001 s. 25, repealed by No. 73/2008 s. 10(3).

S. 85A * * * * * inserted by No. 7230 s. 4, amended by Nos 125/1986 s. 13(j), 73/1996 s. 86(b), repealed by No. 73/2008 s. 10(3).

S. 86 * * * * * amended by Nos 6790 s. 6, 8776 s. 3(1) (a), 9075 s. 5(2), 125/1986 s. 6(1), 65/1988 s. 22(a), 17/1992 s. 8(1), 77/1993 s. 8(1)(2), 83/1995 s. 14(a), 24/2000 s. 12(2)(e), 19/2002 s. 9, repealed by No. 73/2008 s. 10(3).

S. 86A * * * * * inserted by No. 37/1994 s. 191, amended by No. 19/2002 s. 10, repealed by No. 73/2008 s. 10(3).

* * * * * Ss 86B, 86C inserted by No. 19/2002 s. 11, repealed by No. 73/2008 s. 10(3).

* * * * * S. 87 amended by Nos 6790 s. 7, 8776 s. 3(1) (b), 125/1986 s. 6(1), 65/1988 s. 22(b), 17/1992 ss 8(2), 10, 83/1995 s. 14(b), 73/1996 s. 87, 24/2000 s. 12(2)(f), 19/2002 s. 12, repealed by No. 73/2008 s. 10(3).

* * * * * S. 87A inserted by No. 6790 s. 8, amended by Nos 125/1986 s. 6(1), 65/1988 s. 22(c), 32/1991 s. 8, 17/1992 s. 8(3), 83/1995 s. 14(c), repealed by No. 73/1996 s. 86(c).

* * * * * S. 87B inserted by No. 7230 s. 5, amended by Nos 9549 s. 2(1)(Sch. item 188), 125/1986 s. 13(k) (as amended by No. 41/1989 s. 9), 24/2000 s. 12(2)(g), 125 16/2001 s. 26, 19/2002 s. 13, repealed by No. 73/2008 s. 10(3). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 88

S. 88 * * * * * amended by Nos 6790 s. 9, 125/1986 s. 6(2), 65/1988 s. 22(d), 83/1995 s. 14(d), 73/1996 s. 86(d), 19/2002 s. 14, repealed by No. 73/2008 s. 10(3).

S. 89 * * * * * amended by Nos 6790 s. 10, 49/1987 s. 17, 65/1988 s. 22(e), 73/1996 s. 86(e), repealed by No. 73/2008 s. 10(3).

S. 90 * * * * * amended by Nos 6790 s. 11, 125/1986 s. 7(b), 73/1996 s. 86(f), 40/1997 s. 138(Sch. 2 item 12), 24/2000 s. 12(2)(h), repealed by No. 73/2008 s. 10(3).

91 Requirements for bookmakers to carry on business No. 6070 s. 91. (1) A person must not carry on the business of S. 91 bookmaking on a racecourse or part of a amended by Nos 6790 racecourse or a sports ground unless the person— s. 12,125/1986 s. 13(l), (a) is a registered bookmaker or an approved 65/1988 substitute; and s. 22(f), 41/1989 (b) in the case of a registered bookmaker, holds s. 8(e), 73/1996 a club bookmaker's licence issued to the ss 86(g), 88(2) bookmaker for that racecourse or part of a (3), 97/1998 s. 22, 16/2001 racecourse or sports ground if such a licence s. 28(Sch. is required by a controlling body or by any item 22), 35/2001 racing club or promoter of sports to enable s. 6(Sch. 1 the bookmaker to carry on the business of item 12), 19/2002 s. 15, bookmaking. substituted b y No. 73/2008 Penalty:Level 8 imprisonment (1 year maximum) s. 11. or level 8 fine (120 penalty units) or both. (2) If a controlling body requires a bookmaker to hold a club bookmaker's licence for race meetings at a racecourse, then the bookmaker is not required to obtain a club bookmaker's licence from any racing club in respect of those race meetings. (3) If Racing Victoria requires a bookmaker to hold a club bookmaker's licence for the purposes of betting in accordance with section 4(4)(b), the bookmaker is not required to obtain a club bookmaker's licence from any other racing club in respect of that betting. (4) A person carrying on the business of bookmaking on a racecourse or part of a racecourse or a sports ground must not employ a person as a bookmaker's key employee unless the person is a registered bookmaker's key employee. Penalty:20 penalty units.

S. 91A 91A Controlling bodies may make rules inserted by No. 73/1996 s. 89.

S. 91A(1) (1) For the purposes of section 91, Racing Victoria amended by No. 35/2001 may make rules for or with respect to— s. 6(Sch. 1 item 13(a)). S. 91A(1)(a) (a) the issue of club bookmaker's licences by amended by No. 35/2001 Racing Victoria on payment of the fees fixed s. 6(Sch. 1 by the rules; and item 13(b)).

S. 91A(1)(b) (b) fixing the terms and conditions of club amended by No. 35/2001 bookmaker's licences issued by Racing s. 6(Sch. 1 Victoria; and item 13(c)).

(c) excluding or removing from a race-course or part of a race-course bookmakers who are not so licensed. S. 91A(2) (2) For the purposes of section 91 and without amended by No. 16/2001 limiting section 49, Harness Racing Victoria may s. 28(Sch. make rules for or with respect to— item 23(a)).

S. 91A(2)(a) (a) the issue of club bookmaker's licences by amended by No. 16/2001 Harness Racing Victoria on payment of the s. 28(Sch. fees fixed by the rules; and item 23(a)).

S. 91A(2)(b) (b) fixing the terms and conditions of club amended by No. 16/2001 bookmaker's licences issued by Harness s. 28(Sch. Racing Victoria; and item 23(a)).

(c) excluding or removing from a race-course or part of a race-course bookmakers who are not so licensed.

128 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 91AB

(3) For the purposes of section 91 and without S. 91A(3) limiting section 82, Greyhound Racing Victoria amended by No. 16/2001 may make rules for or with respect to— s. 28(Sch. item 23(b)).

(a) the issue of club bookmaker's licences by S. 91A(3)(a) amended by Greyhound Racing Victoria on payment of No. 16/2001 the fees fixed by the rules; and s. 28(Sch. item 23(b)).

(b) fixing the terms and conditions of club S. 91A(3)(b) amended by bookmaker's licences issued by Greyhound No. 16/2001 Racing Victoria; and s. 28(Sch. item 23(b)).

(c) excluding or removing from a race-course or part of a race-course bookmakers who are not so licensed. (4) A controlling body must advise the Commission S. 91A(4) inserted by of any disciplinary action taken against a No. 73/2008 bookmaker under rules made under this section s. 12. within 48 hours of the taking of the action. (5) On being advised of any disciplinary action taken S. 91A(5) inserted by against a bookmaker, the Commission may No. 73/2008 request in writing to the controlling body any s. 12. further information relating to the disciplinary action. (6) The controlling body must give the information S. 91A(6) inserted by requested under subsection (5) to the Commission No. 73/2008 within 14 days or the longer period allowed by the s. 12. Commission. 91AB Approved substitutes S. 91AB inserted by No. 73/2008 (1) A registered bookmaker may apply to a s. 13. controlling body for approval of a registered bookmaker's key employee to carry on the business of the registered bookmaker during a period of absence.

(2) An approval by the controlling body under subsection (1) may be given generally or in relation to particular race meetings or dates. (3) Each controlling body must establish and maintain a Register of Approved Substitutes. (4) The Register must contain the following information— (a) the name of each registered bookmaker who has an approved substitute; and (b) the name of the approved substitute for that registered bookmaker; and (c) the period of time for which the approval was granted; and (d) if applicable, the particulars of the race meetings and dates for which the approved substitute will substitute for the registered bookmaker. (5) A controlling body must make its Register available for inspection by the Commission. (6) An approved substitute is subject to the provisions of this Act and every other Act in all respects as if the approved substitute were a registered bookmaker or the holder of a club bookmaker's licence. S. 91B 91B Bookmaker's licence levy inserted by No. 24/2000 s. 13.

S. 91B(1) (1) A controlling body may make rules— amended by No. 35/2001 s. 6(Sch. 1 (a) imposing a periodic levy on a bookmaker item 14). who is required by the controlling body to hold a club bookmaker's licence; and

(b) providing for the calculation of the levy, including the classes of bets that are to be included or excluded for the purpose of calculating the levy; and (c) providing for the payment and recovery of the levy, including the imposition of interest on late payment; and (d) providing for the application of the proceeds of the levy, including interest on late payment and fines (other than the proportion that is paid into a bookmaking development fund under section 91C(2)(a)); and (e) imposing requirements for the making and recording of betting transactions and the reporting to the controlling body of those transactions and other information required by the controlling body; and (f) imposing sanctions for non-compliance with the rules, including fines, licence suspension and disqualification. (2) A levy imposed by rules made under this section may differ according to different classes of bets or different classes of bookmakers, or both. (3) A levy imposed on a bookmaker in respect of a period by rules made under this section cannot exceed 1% of the bookmaker's betting turnover for that period. (4) A controlling body may recover any levy, interest or fine payable by a bookmaker under rules made under this section in a court of competent jurisdiction as a debt due to the controlling body. (5) Rules made under this section, and any amendments to them, do not come into operation until they are approved in writing by the Minister under section 91D.

S. 91C 91C Bookmaking development fund inserted by No. 24/2000 (1) Unless the Minister determines otherwise, a s. 13. controlling body that makes rules under section 91B must establish a bookmaking development fund. (2) There is to be paid into each fund— (a) a proportion, determined from time to time by the relevant controlling body with the approval of the Minister, of the total amount received in respect of levies, interest on late payment and fines imposed under rules made under section 91B; and (b) any money derived from any investment of the fund. (3) The Minister may at any time withdraw an approval given under subsection (2)(a). (4) Money standing to the credit of each fund is to be applied, as determined from time to time by the relevant controlling body in accordance with guidelines issued under subsection (5)— (a) for the advancement of the bookmaking profession; and (b) to defray the reasonable expenses of administering the fund. (5) For the purposes of subsection (4), a controlling body that establishes a fund under this section must issue guidelines for the administration of the fund, including guidelines— (a) specifying the method for determining payments from the fund (including the method for determining the reasonable expenses of administering the fund); and

(b) providing a process for consultation between the controlling body and the bookmaking profession in respect of the application of the fund. (6) Guidelines made under subsection (5), and any amendments to them, do not come into operation until they are approved in writing by the Minister under section 91D. 91D Ministerial approval of rules and guidelines S. 91D inserted by No. 24/2000 (1) The Minister, in writing given to a controlling s. 13. body, may approve rules made under section 91B by that body or guidelines made under section 91C by that body or amendments made to those rules or guidelines by that body. (2) An approval under this section— (a) may be given indefinitely or for a specified period; (b) may be made subject to conditions, including a condition that the controlling body review the rule, guideline or amendment within the period specified by the Minister; (c) may at any time be withdrawn in writing by the Minister. (3) Without limiting subsection (2)(c), the Minister may withdraw approval of a rule, guideline or amendment if the controlling body that made it does not comply with a condition to which it is subject. (4) The withdrawal of approval of a rule or guideline by the Minister takes effect as a revocation of the rule or guideline. (5) If the Minister withdraws approval of an amendment of a rule or guideline, the rule or guideline takes effect, after the withdrawal, as if the amendment had not been made.

133 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 91E92

S. 91E 91E Provision of information regarding betting records inserted by No. 24/2000 A controlling body may disclose information s. 13, relating to betting transactions that it obtains from amended by No. 73/2008 a registered bookmaker or registered bookmaker's s. 14(1). key employee to— (a) another controlling body; S. 91E(b) (b) the Commission; amended by No. 73/2008 s. 14(2).

(c) the Chief Commissioner of Police or a member of the police force authorised in writing by the Chief Commissioner of Police; (d) Victorian Bookmakers Association Limited; S. 91E(da) (da) a person or body that, in the opinion of the inserted by No. 18/2007 controlling body, controls, organises or s. 6(i). administers an approved betting event; (e) the Australian Transaction Reports and Analysis Centre; (f) the Commissioner of Taxation of the Commonwealth; (g) a person or body that— (i) has any regulatory or administrative functions in respect of racing, bookmaking or betting in Victoria or in another State or a Territory of the Commonwealth; and (ii) is specified by the Minister, by Order published in the Government Gazette, for the purposes of this section. No. 6070 92 Production of documents by bookmakers and s. 92. S. 92 bookmaker's key employees amended by Nos 6790 s. 13, 125/1986 s. 7(b), 73/1996 134 s. 86(h), 40/1997 s. 138(Sch. 2 item 12), 24/2000 s. 14, 19/2002 s. 16, substituted b y No. 73/2008 s. 15. Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings

(1) A bookmaker carrying on the business of bookmaking on a racecourse or part of a racecourse or a sports ground must produce for inspection— (a) evidence of registration under Part 5A of Chapter 4 of the Gambling Regulation Act 2003; or (b) evidence of a licence required under section 91(1)(b)— if so requested by an authorised person. Penalty:20 penalty units. (2) A bookmaker's key employee who is working on a racecourse or part of a racecourse or a sports ground must produce for inspection evidence of registration under Part 5A of Chapter 4 of the Gambling Regulation Act 2003 if so requested by an authorised person. Penalty:20 penalty units. (3) In this section— authorised person means— (a) the secretary or chairman of the club conducting the races on the racecourse; or (b) the promoter of any sports on the sports ground; or (c) a police member; or (d) an inspector appointed under section 10.5.1 of the Gambling Regulation Act 2003. * * * * * No. 6070 s. 93. S. 93 amended by No. 65/1988 s. 22(g), repealed by No. 73/2008 s. 16. 135 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 94A

S. 93A * * * * * inserted by No. 6790 s. 14, amended by No. 65/1988 s. 22(h), repealed by No. 73/1996 s. 86(i). No. 6070 * * * * * s. 94. S. 94 amended by No. 125/1986 s. 13(m), repealed by No. 73/2008 s. 16.

S. 94A 94A Guarantee of bookmakers against defaults in inserted by 2 No. 7230 s. 6. payment of wagers S. 94A(1AA) (1AA) In this section— inserted by No. 73/1996 s. 75(1), amended by No. 19/2002 s. 17(1).

S. 94A(1AA) bond includes a guarantee; def. of bond inserted by No. 73/2008 s. 17(1).

S. 94A(1AA) determined amount, in relation to a bond, class of def. of determined registered bookmaker or class of wager, amount means the amount determined by Order substituted b y No. 73/2008 under subsection (2B) in respect of that s. 17(2). bond, class of registered bookmaker or class of wager. S. 94A(1AA) * * * * * def. of registered bookmaker repealed by No. 73/2008 s. 17(3).

(1) The Commission, with the approval of the S. 94A(1) amended by Minister, may— Nos 8603 s. 10(a), (a) arrange with the Victorian Bookmakers 49/1987 s. 18(a), Association Limited ACN 004 236 677 73/1996 (the Company) for the Company to lodge s. 75(2), 97/1998 with the Commission a bond in the s. 23(1), determined amount, in the circumstances and 19/2002 s. 17(2)(a)(b) to the extent provided by this section, to (c), 114/2003 satisfy defaults made by registered s. 12.1.3 (Sch. 6 bookmakers or their approved substitutes in item 10.8(a)), the payment of wagers to persons betting substituted b y No. 73/2008 with them in accordance with section 4, a s. 17(4). club betting permit or section 2.5.10 of the Gambling Regulation Act 2003; or (b) require a registered bookmaker to make arrangements satisfactory to the Commission for the lodgement of a bond in the determined amount to satisfy defaults made by the bookmaker or the bookmaker's approved substitute. (2) A bond under subsection (1)(a) remains in force, S. 94A(2) amended by after being lodged with the Commission, until Nos 8603 revoked by notice in writing by the Company s. 10(b)(i)(ii), 49/1987 addressed to the Commission. s. 18(b), 27/1988 s. 8, substituted by No. 73/1996 s. 75(3), amended by Nos 19/2002 s. 17(3), 73/2008 s. 17(5).

(2A) A bond under subsection (1)(a) may limit the S. 94A(2A) inserted by liability of the Company— No. 73/1996 s. 75(3), amended by No. 19/2002 s. 17(4)(a)-(c), substituted b 137 y No. 73/2008 s. 17(6). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 94A

(a) in relation to each registered bookmaker who is a member of a class determined by Order under subsection (2B), to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers (not being defaults to which paragraph (b) applies)— (i) of a total amount of not less than the determined amount in respect of that class of registered bookmaker; or (ii) if the registered bookmaker is a member of more than one class, of a total amount of not less than the highest determined amount in respect of those classes of registered bookmaker; and (b) in relation to each registered bookmaker, to the payment, in respect of all defaults by that registered bookmaker in the payment of wagers of a class determined by Order under subsection (2B), of a total amount of not less than the determined amount in respect of that class of wager. S. 94A(2B) (2B) The Governor in Council, by Order published in inserted by No. 73/1996 the Government Gazette, may determine for the s. 75(3), purposes of this section— amended by No. 19/2002 s. 17(5), (a) the amount of a bond referred to in substituted b subsection (1)(a) or (b); and y No. 73/2008 s. 17(7). (b) classes of registered bookmaker and an amount in respect of each class; and (c) classes of wager and an amount in respect of each class. S. 94A(2C) (2C) If an Order is made under subsection (2B), the inserted by No. 19/2002 Order is to be taken not to apply in respect of any s. 17(6). wager made before the commencement of that Order.

(3) The revocation of a bond under subsection (1)(a) S. 94A(3) does not affect the liability of the Company to substituted by No. 97/1998 make any payment due under the conditions of the s. 23(2), bond in respect of defaults occurring in the amended by Nos 19/2002 payment of wagers made in accordance with— s. 17(7), 73/2008 (a) section 4; or s. 17(8). (b) a club betting permit; or (c) section 2.5.10 of the Gambling Regulation S. 94A(3)(c) amended by Act 2003— No. 114/2003 s. 12.1.3 (Sch. 6 item 10.8(a)).

while the bond was in force. (4) If a registered bookmaker, or his or her substitute, S. 94A(4) substituted by has defaulted in the payment of a wager made in No. 97/1998 accordance with— s. 23(2), amended by Nos 19/2002 (a) section 4; or s. 17(8)(a)–(c), 73/2008 (b) a club betting permit; or s. 17(9).

(c) section 2.5.10 of the Gambling Regulation S. 94A(4)(c) amended by Act 2003— No. 114/2003 s. 12.1.3(Sch. 6 item 10.8(a)). the Company is not liable to satisfy the default unless the backer who made the wager makes a written complaint, either to the Company or to the relevant authority.

(5) A complaint must be made— S. 94A(5) substituted by No. 97/1998 s. 23(2).

S. 94A(5)(a) (a) if the backer paid the amount to the amended by registered bookmaker, or his or her Nos 19/2002 s. 17(9)(a)(b), substitute, at the time the wager was made, 73/2008 within 60 days after the day of the race s. 17(10). meeting or sport in respect of which the wager was made; or S. 94A(5)(b) (b) if the backer did not pay the amount to the amended by Nos 19/2002 registered bookmaker, or his or her s. 17(9)(a)(b), substitute, at the time the wager was made, 73/2008 s. 17(11). within 21 days after the day of the race meeting or sport in respect of which the wager was made. S. 94A(5A) (5A) If the registration of a bookmaker has been inserted by No. 97/1998 revoked, surrendered or suspended, the s. 23(2), Commission, or, at the direction of the amended by Nos 19/2002 Commission, any person or body to whom a s. 17(10)(a), complaint may be made under subsection (4) may, 73/2008 s. 17(12). for the purposes of subsection (5B), do all or any of the following— (a) publish notice of that revocation, surrender or suspension; or S. 94A(5A)(b) (b) give a notice to any backer who has made a amended by Nos 19/2002 wager with the registered bookmaker, or his s. 17(10)(b) or her substitute, of that revocation, (i)(ii), 73/2008 s. 17(13). surrender, or suspension. S. 94A(5B) (5B) Despite subsection (5), a backer who had placed a inserted by No. 97/1998 wager with a registered bookmaker, or his or her s. 23(2), substitute, in respect of whom notice has been amended by Nos 19/2002 given under subsection (5A), may make a s. 17(11)(a)(b), complaint if— 73/2008 s. 17(14). (a) the complaint is made within 14 days after the publication or giving of the notice, as the case requires; and (b) if the wager, in respect of which the complaint is made—

(i) was made within the 21 days S. 94A immediately before the bookmaker's (5B)(b)(i) amended by registration, was revoked, surrendered Nos 19/2002 or suspended; and s. 17(11)(c), 73/2008 s. 17(15).

(ii) is a wager in respect of which the S. 94A (5B)(b)(ii) backer did not pay the amount to the amended by registered bookmaker, or his or her Nos 19/2002 s. 17(11)(d) substitute, at the time of the wager. (i)(ii), 73/2008 s. 17(16).

(5C) A person or body who receives a complaint must, S. 94A(5C) inserted by by the end of the next business day after receiving No. 97/1998 the complaint, forward the complaint to the s. 23(2), amended by Commission. No. 73/2008 s. 17(17).

(5D) If the Commission receives a complaint, S. 94A(5D) inserted by forwarded under subsection (5C), about a No. 97/1998 registered bookmaker, or his or her substitute, the s. 23(2), amended by Commission may, whether or not it conducts an Nos 19/2002 investigation into the circumstances of the making s. 17(12)(a) (b)(c), 73/2008 of the wager, cause a demand in writing to be s. 17(18). made on the Company for the Company to pay to the Commission the amount of the default within 14 days after the date of the demand. (6) Upon receiving payment from the Company of the S. 94A(6) amended by amount of any such default the Commission shall Nos 19/2002 cause that amount to be paid to the backer in s. 17(13), 73/2008 satisfaction of the default. s. 17(19). (7) Where the total amount of all defaults made by a S. 94A(7) substituted by registered bookmaker, or his or her substitute, on No. 97/1998 wagers made in accordance with— s. 23(3), amended by Nos 19/2002 (a) section 4; or s. 17(14)(a) (b)(c), 73/2008 (b) a club betting permit; or s. 17(20).

S. 94A(7)(c) (c) section 2.5.10 of the Gambling Regulation amended by Act 2003— No. 114/2003 s. 12.1.3(Sch. 6 item 10.8(a)).

exceeds the limit of the liability of the Company in relation to them under the bond, the Commission must determine the proportions in which moneys becoming available for the satisfaction of defaults is distributed among the backers in respect of whose wagers defaults were made. S. 94A(8) (8) If default is made by the Company in payment to amended by Nos 19/2002 the Commission of any amount demanded by the s. 17(15), Commission under subsection (5) of this section 73/2008 s. 17(21). in satisfaction of a default the bond shall be forfeited and the amount thereof may be recovered as a debt due to Her Majesty. S. 94A(9) (9) Any moneys recovered from the Company in amended by Nos 9549 respect of a bond so forfeited shall first be paid in s. 2(1)(Sch. satisfaction of any defaults outstanding in the item 188), 19/2002 payment of wagers at the time of the recovery and s. 17(15). the balance shall be paid to the Consolidated Fund. S. 94A(10) (10) Where the moneys recovered in respect of a amended by No. 73/2008 forfeited bond are not sufficient to satisfy all s. 17(22). defaults outstanding at the time of the recovery thereof the Commission shall cause the moneys recovered to be distributed rateably among the backers in respect of whose wagers certificates have been received by the Commission under subsection (5) of this section. S. 94A(11) (11) In this section— inserted by No. 97/1998 s. 23(4).

S. 94A(11) relevant authority means— def. of relevant authority amended by Nos 35/2001 142 s. 6(Sch. 1 item 15), 114/2003 s. 12.1.3 (Sch. 6 item 10.8 (a) (b)), 73/2008 s. 17(23). Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 95

(a) in the case of a wager made in accordance with section 4(4)(a), the holder of the licence, permit or authorisation which allowed the race- meeting, at which the wager was made, to be held; or (b) in the case of a wager made in accordance with section 4(4)(b), Racing Victoria; or (c) in the case of a wager made in accordance with a club betting permit, the permit holder; or (d) in the case of a wager made in accordance with section 2.5.10 of the Gambling Regulation Act 2003, the person or body to whom approval was issued under that section. 95 Regulations No. 6070 s. 95. (1) The Governor in Council may make regulations for or with respect to— (a) forms for the purposes of this Part (and all such forms or forms to the like effect shall be sufficient in law); (b) generally any matter or thing which by this Part is authorized or permitted to be prescribed or which is necessary or expedient to be prescribed for the purposes of this Part. (2) The regulations may apply, adopt or incorporate S. 95(2) repealed by (with or without modification) any matter No. 6886 s. 3, contained in any document issued or adopted by new s. 95(2) inserted by any specified person or body as issued or adopted No. 49/1987 at the time the regulation is made or at any time s. 23(a). before then. ______

Pt 4A PART IVA—RACING VICTORIA CENTRE LAND (Heading and ss 95A–95F) inserted by No. 92/2005 s. 4. S. 95A 95A Application of Part inserted by No. 92/2005 s. 4. This Part has effect despite anything to the contrary in The Victoria Racing Club Act 1871, The Victoria Racing Club Act 1956, the Land Act 1958, the Crown Land (Reserves) Act 1978 or any other Act, law, lease or other instrument. S. 95B 95B Definition inserted by No. 92/2005 s. 4. In this Part— Racing Victoria Centre land means Crown Allotment 28F of Section 2, in the Parish of Doutta Galla, County of Bourke, being an area of 2229 hectares. S. 95C 95C Surrender of Racing Victoria Centre land inserted by No. 92/2005 s. 4. (1) The chairman of the committee of the Victoria Racing Club, by instrument, may surrender to the Crown the Racing Victoria Centre land which is vested in the chairman to be held on trust for the Victoria Racing Club under The Victoria Racing Club Act 1871 and described in Crown lease Volume 10757 Folio 757. (2) On the surrender of the land under subsection (1) — (a) Crown lease Volume 10757 Folio 757 is revoked; and (b) the chairman of the committee of the Victoria Racing Club is freed and discharged from all further duties and liabilities under any trust in respect of that land; and

(c) the Racing Victoria Centre land is deemed to be unalienated land of the Crown, freed and discharged from all trusts, limitations, reservations, restrictions, encumbrances, estates and interests. 95D Crown lease S. 95D inserted by No. 92/2005 (1) On or after the surrender of the Racing Victoria s. 4. Centre land under section 95C, the Governor in Council, on behalf of the Crown, may grant a lease of the Racing Victoria Centre land to Racing Victoria for the purposes of the administration of horse racing, including— (a) the use of that land for purposes connected with and for the benefit of horse racing and other sports in Victoria; and (b) training, research and analytical testing. (2) A lease under subsection (1) may be for an initial term not exceeding 64 years. (3) A lease granted under subsection (1)— (a) may contain provision for the term of the lease to be extended one or more times, but — (i) each extension of the term must not exceed 64 years; and (ii) the aggregate of the initial term and any extensions of the term must not exceed 99 years; and (b) may contain provision for a lessee to remain in occupation of the land under the same terms and conditions as existed under the lease, at the discretion of the lessor, for a period of not more than 3 months from the expiry of the lease; and

145 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings s. 95E

(c) is subject to any other covenants, exceptions, reservations and conditions that are determined by the Governor in Council. S. 95E 95E Power to enter agreements to use, sub-lease or inserted by No. 92/2005 assign interest in Racing Victoria Centre land s. 4. (1) Subject to subsection (2), on or after the granting a Crown lease of the Racing Victoria Centre land under section 95D, Racing Victoria may use, sub-let or assign its interest in the Racing Victoria Centre land or any part of that land if, in the opinion of Racing Victoria the use, letting or assignment— (a) is for a purpose consistent with the purposes specified in section 95D; and (b) will not prevent or hinder Racing Victoria from carrying out its functions. (2) Racing Victoria must obtain the written approval of the Minister before exercising a power under subsection (1). (3) An agreement to use, a sub-lease or an assignment of an interest entered into under this section— (a) may be for a term determined by Racing Victoria not exceeding 21 years; and (b) is subject to any other covenants, exceptions, reservations and conditions that are determined by Racing Victoria. S. 95F 95F Registrar of Titles to make necessary amendments inserted by No. 92/2005 s. 4. The Registrar of Titles, on being requested to do so, must make any recordings in or amendments to the Register under the Transfer of Land Act 1958 that are necessary because of the operation of any provision of this Part. ______

* * * * * Pt 5 (Heading and ss 96–116) repealed.

* * * * * S. 116G inserted by No. 6619 s. 4(2), amended by No. 8776 s. 3(2)(a), substituted by No. 10014 s. 6(1), repealed by No. 17/1996 s. 40.

* * * * * S. 116Y repealed.

* * * * * Pt 5 Divs 3–5 repealed.

______

New Pt 5 PART V—GENERAL (Heading and s. 96) inserted by No. 24/2000 s. 15. New s. 96 96 Transitional provision on repeal of Part VI inserted by No. 24/2000 s. 15. Despite its repeal, Part VI, as in force immediately before the commencement of section 16 of the National Taxation Reform (Further Consequential Provisions) Act 2000, continues to apply with respect to amounts paid to the Commissioner of State Revenue by way of stamp duty on bookmakers' statements in respect of bets made at race-meetings held before that commencement. S. 96AA 96AA Transitional provision for change in membership of inserted by No. 19/2002 Committee—Racing Acts (Amendment) Act 2002 s. 18. The Bookmakers and Bookmakers' Clerks Registration Committee is deemed to be the same body despite the change to its membership made by section 8 of the Racing Acts (Amendment) Act 2002. S. 96A 96A Transitional provision for introduction of Racing inserted by No. 35/2001 Victoria—Racing (Racing Victoria Ltd) Act 2001 s. 5. (1) In this section— amending Act means the Racing (Racing Victoria Ltd) Act 2001; appointed day means the day on which sections 3 and 6 of the amending Act come into operation; Club means The Victoria Racing Club.

(2) On and from the appointed day— (a) an authorisation made by the Club under section 7 and in force immediately before the appointed day, is deemed to continue in force as if it had been made by Racing Victoria; (b) a date or time for a horse race-meeting, that has been fixed by or under rules of the Club and in force immediately before the appointed day, is to be taken to be the date or time of the horse race-meeting as if it had been fixed by Racing Victoria; (c) an appeal made under Part IIIB against a decision of the Club, that has been commenced but not completed immediately before the appointed day, is deemed to be an appeal against a decision of Racing Victoria; (d) a right of appeal under Part IIIB against a decision of the Club, that is in existence but has not been exercised immediately before the appointed day, is deemed to be a right of appeal against a decision of Racing Victoria; (e) an appeal made under Part IIIC against a decision of the Club, that has been commenced but not completed immediately before the appointed day, is deemed to be an appeal against a decision of Racing Victoria; (f) a right of appeal under Part IIIC against a decision of the Club, that is in existence but has not been exercised immediately before the appointed day, is deemed to be a right of appeal against a decision of Racing Victoria; (g) a club bookmaker's licence within the meaning given by section 84 issued by the

Club in accordance with Part IV, that is in force immediately before the appointed day, is deemed to continue in force as if it had been issued by Racing Victoria; (h) rules made by the Committee of the Club under section 91A and under section 91B and in force immediately before the appointed day, are deemed to be rules made by Racing Victoria. (3) On and from the appointed day— (a) a picnic race-meeting permit issued by the Minister under section 18, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 18 made by the amending Act; (b) a point-to-point steeplechase permit issued by the Minister under section 20, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 20 made by the amending Act; (c) a racing club licence issued by the Minister under section 24A, that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 24A made by the amending Act; (d) the appointment of the member of the Bookmakers and Bookmakers' Clerks Registration Committee under section 85(2) (b), that is in force immediately before the appointed day, is to be taken to be not affected by any amendment to section 85(2) (b) made by the amending Act.

(4) On and from the appointed day— (a) all rights, property and assets of the Club in relation to the fund established under section 91C by the Club, that immediately before the appointed day were vested in the Club, vest in Racing Victoria; (b) all debts, liabilities and obligations of the Club, in relation to the fund established under section 91C by the Club, existing immediately before the appointed day, become debts, liabilities and obligations of Racing Victoria; (c) any guidelines issued by the Club under section 91C(5), for the purposes of the fund established under section 91C by the Club, and in force immediately before the appointed day, are deemed to be guidelines issued by Racing Victoria. 96B Operation of Racing (Racing Victoria Ltd) Act 2001 S. 96B inserted by No. 35/2001 This Act, as amended by any provision of the s. 5. Racing (Racing Victoria Ltd) Act 2001, has effect despite any provision of the Corporations (Victoria) Act 1990 or of the applicable provisions (as defined in that Act) of the State. 96C Transitional provision for change of expiry date of S. 96C inserted by certificates of registration—Racing Acts No. 19/2002 (Amendment) Act 2002 s. 19. (1) Any certificate of registration as a bookmaker issued under Part IV and in force at the commencement of section 9(3) of the Racing Acts (Amendment) Act 2002 is deemed to cease to have effect on 30 September 2004 unless the certificate is sooner revoked by the Committee or sooner surrendered to the Committee.

(2) Any certificate of registration as a bookmaker's clerk issued under Part IV and in force at the commencement of section 12(3) of the Racing Acts (Amendment) Act 2002 is deemed to cease to have effect on 30 September 2004 unless the certificate is sooner revoked by the Committee. ______

PART VI—TRANSITIONAL PROVISIONS New Pt 6 (Heading and ss 97–100) inserted by No. 16/2001 s. 27. 97 Definition New s. 97 inserted by No. 16/2001 In this Part— s. 27. amending Act means the Racing and Betting Acts (Amendment) Act 2001. 98 Transitional provision for changes to Harness New s. 98 inserted by Racing Victoria—Racing and Betting Acts No. 16/2001 (Amendment) Act 2001 s. 27. Despite amendments made to section 39 by sections 10 and 11 of the amending Act— (a) the Board in the name of Harness Racing Victoria is deemed to be the same body after the commencement of those sections as it was before that commencement; and (b) any person holding office as a member of the Board immediately before the commencement of those amendments, continues to hold office as a member of the Board on and from that commencement on the same terms and conditions as those under which that person held that office immediately before that commencement. 99 Transitional provision for change to Greyhound New s. 99 inserted by Racing Victoria—Racing and Betting Acts No. 16/2001 (Amendment) Act 2001 s. 27. Despite amendments made to section 69 by section 14 of the amending Act, the Board in the name of Greyhound Racing Victoria is deemed to be the same body after the commencement of that section as it was before that commencement.

New s. 100 100 Transitional provision for change in registration of inserted by greyhounds—Racing and Betting Acts No. 16/2001 s. 27. (Amendment) Act 2001 (1) Despite the commencement of section 16 of the amending Act, the registration of a greyhound, as in force immediately before that commencement, is deemed to continue in force, as if it had been issued under this Act, as in force on and from the commencement of section 16 of the amending Act. (2) Despite the commencement of section 16 of the amending Act, any other registration, permission or other authority required under any rules for the registration of greyhounds as in force immediately before the commencement of that section, is deemed to continue in force, as if it had been issued under this Act, as in force on and from the commencement of section 16 of the amending Act. ______

Pt 6 * * * * * (Heading) amended by No. 97/1998 s. 24(1), repealed by No. 24/2000 s. 16. Pt 6 Divs 1, 2 * * * * * repealed.

S. 118 * * * * * repealed.

S. 119 * * * * * repealed.

Ss 120–125 * * * * * repealed.

* * * * * Pt 6 Div. 3 (Heading and ss 126, 127) repealed.

* * * * * Pt 6 Div. 4 (Heading and ss 128, 129) repealed.

______

155 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings Sch. 1

SCHEDULES

Schs 1–4 * * * * * repealed.

______

New Sch. 1 SCHEDULE 1 inserted by No. 35/2001 s. 7(Sch. 2). REQUIREMENTS FOR THE CONSTITUTION OF RACING VICTORIA

1 Incorporation of the company (1) The name of the company is to be Racing Victoria Limited. (2) The company is to be registered as a company limited by guarantee. 2 Members The members of the company are to be— (a) the Victoria Racing Club; (b) the Victoria Amateur Turf Club; (c) the Moonee Valley Racing Club Inc; (d) the Victorian Country Racing Council Inc. 3 Object The object of the company is to develop, encourage and manage the conduct of thoroughbred racing in Victoria in a manner which— (a) promotes Victoria as a centre of thoroughbred racing excellence; (b) promotes probity in conducting thoroughbred racing;

(c) promotes effectiveness and efficiency in the management of the business performance of the thoroughbred racing industry; (d) promotes the provision of excellent service to customers of the thoroughbred racing industry; (e) promotes the widest possible participation in thoroughbred racing, particularly participation by women and young persons; (f) promotes the provision of economic benefits to the State and to participants and stakeholders in thoroughbred racing and to communities in which thoroughbred racing operates; (g) has regard to the need to— (i) promote Victorian country thoroughbred racing; (ii) encourage responsible wagering and gaming; (iii) promote employment within the thoroughbred racing industry; (h) is independent and free from improper external commercial influence particularly in respect of sponsorship agreements and activities. 4 Powers and functions The company is to have the legal capacity and power— (a) to exercise any power and perform any function conferred by or under this Act on the company certified by the Minister under section 3A to be Racing Victoria;

(b) to exercise any power and perform any function conferred by any rules relating to the proper management of thoroughbred racing in Victoria made by the Australian Racing Board; (c) to receive funding from the TABCORP joint venture as the body responsible for managing thoroughbred racing in Victoria; (d) to act as the representative of thoroughbred racing, in particular in relation to— (i) the TABCORP joint venture; (ii) the Australian Racing Board; (iii) Racing Analytical Services Ltd; (e) to market Victorian thoroughbred racing; (f) to act as the representative of Victorian thoroughbred racing clubs. 5 Board of Directors (1) Subject to provisions relating to casual vacancies and additional appointments, the Board of Directors of the company is to be comprised of the following— (a) 5 persons appointed by the Appointment Panel; (b) 1 person nominated by the Victoria Racing Club; (c) 1 person nominated by the Victoria Amateur Turf Club; (d) 1 person nominated by the Moonee Valley Racing Club Inc; (e) 2 persons nominated by the Victorian Country Racing Council Inc;

(f) the Chief Executive of the Company appointed by the Board. (2) The body making an appointment referred to in subclause (1)(a) and any body making a nomination referred to in subclause (1)(b), (c), (d) or (e)— (a) must ensure that the person so appointed or nominated has knowledge of or experience in one or more of the following areas— (i) business, finance, marketing, technology or administration; (ii) the thoroughbred racing industry; (b) must ensure that the person so appointed or nominated has the capacity to ensure best practice in the management of thoroughbred racing; (c) must have regard to the need to have a diversity of skills and expertise on the Board. (3) Despite subclause (4), a person who holds an office in any racing club, either as a committee member or employee, may be nominated and hold office as a nominated Director until the first annual general meeting of the members of the company. (4) A Director must not have any real, perceived or potential material conflict of interest in respect of the status or position or the performance of the duties or responsibilities as a Director, which may reasonably be regarded as likely to have a significant adverse effect on either the ability of the Director to properly perform his or her duties or responsibilities as a Director or on the reputation of the Board or both, whether arising by reason of the Director or any person associated with the Director—

(a) holding any office or position; or (b) holding any licence, permit or registration; or (c) having any direct or indirect interest in any enterprise or property; or (d) for any other reason. 6 Chairperson and deputy chairperson (1) The first appointment of the chairperson is to be made by the Appointment Panel, from the appointed Directors. (2) The first appointment of the deputy chairperson is to be made by the Board, from the appointed Directors. (3) Any other appointment of the chairperson and the deputy chairperson, is to be made by the Board from the appointed Directors. 7 Terms of appointment (1) Subject to subclauses (2) and (3), Directors are to retire at the end of the third annual general meeting of the members of the company next following their appointment, but are to be eligible to be reappointed in accordance with the constitution. (2) The persons first appointed to the positions of appointed and nominated Directors are to continue in office until the end of the annual general meeting of the members in 2004, subject to any casual vacancies. (3) In the case of the appointments to positions of appointed and nominated Directors which immediately follow the first appointments, the following principles are to apply—

(a) the chairperson, deputy chairperson and 2 of the nominated Directors are to retire at the end of the annual general meeting of members in 2007; (b) 2 appointed Directors and 1 nominated Director are to retire at the end of the annual general meeting of members in 2006; (c) 1 appointed Director and 2 nominated Directors are to retire at the end of the annual general meeting of members in 2005. (4) An appointed or nominated Director is not to hold office for more than 4 terms. 8 Casual vacancies (1) If the office of an appointed Director becomes vacant, otherwise than by the retirement of the Director at the end of his or her term of appointment, the vacancy may be filled by a person appointed to fill that vacancy by the remaining appointed Directors. (2) If the office of a nominated Director becomes vacant, otherwise than by the retirement of the Director at the end of his or her term of office, the vacancy may be filled by a person nominated to fill that vacancy by the relevant body referred to in clause 5(1). (3) A person appointed to fill a vacancy referred to in subclause (1) or (2) holds office for the remainder of the term of the original Director. 9 Quorum A quorum of the Board is to be 6 Directors.

10 Voting In the case of an equality of votes at any meeting of the Board, the person presiding at the meeting has a casting vote in addition to his or her deliberative vote. 11 Remuneration (1) The first determination of remuneration for Directors is to be made by the Appointment Panel. (2) Subsequent determinations of remuneration for Directors are to be made by the company in general meeting (3) In making a determination of remuneration, the person making the determination must— (a) have regard to the rates of remuneration generally paid to Directors of other bodies with similar operations to those of the company; and (b) obtain advice from persons or bodies qualified to give advice on remuneration. (4) The remuneration of the Chief Executive is to be determined by the Board. 12 Consultation (1) The Board must establish proper procedures for consulting with the following bodies— (a) the Australian Jumping Racing Association; (b) the Australian Services Union (Victorian Branch); (c) the Australian Trainers Association (Victorian Branch); (d) the Australian Workers Union (Victorian Branch);

(e) the Media and Entertainment Arts Alliance; (f) Thoroughbred Breeders Victoria; (g) the Thoroughbred Racehorse Owners Association; (h) the Victorian Bookmakers Association; (i) the Victorian Jockeys Association; (j) any other persons or bodies that are entitled to participate in the making of the nomination referred to in clause 13(1)(e) or (2)(e). (2) The annual general meeting of the Board must be open to the public. 13 Appointment Panel (1) The first Appointment Panel is to consist of— (a) 1 person who is a joint nominee of the Victoria Racing Club, the Victoria Amateur Turf Club and the Moonee Valley Racing Club Inc; (b) 1 person who is a joint nominee of the Victoria Racing Club, the Victoria Amateur Turf Club, the Moonee Valley Racing Club Inc and the Victorian Country Racing Council Inc; (c) 1 person who is a nominee of the Victorian Country Racing Council Inc; (d) 1 person who is a nominee of the Minister; (e) 1 person who is a joint nominee of— (i) the Australian Jumping Racing Association; (ii) the Australian Services Union (Victorian Branch);

(iii) the Australian Trainers Association (Victorian Branch); (iv) the Australian Workers Union (Victorian Branch); (v) the Media and Entertainment Arts Alliance; (vi) Thoroughbred Breeders Victoria; (vii) the Thoroughbred Racehorse Owners Association; (viii) the Victorian Bookmakers Association Ltd; (ix) the Victorian Jockeys Association; (x) any other persons or bodies on whom the Appointment Panel agrees. (2) Subject to subclauses (3) and (4), the membership of the Appointment Panel (after the first Appointment Panel) is to consist of— (a) 1 person who is a joint nominee of the Victoria Racing Club, the Victoria Amateur Turf Club and the Moonee Valley Racing Club Inc; (b) 1 person who is a nominee of the Victorian Country Racing Council Inc; (c) 1 person who is a joint nominee of the Victoria Racing Club, the Victoria Amateur Turf Club, the Moonee Valley Racing Club Inc and the Victorian Country Racing Council Inc; (d) 1 person who is a nominee of the Minister; (e) 1 person who is a joint nominee of— (i) the Australian Jumping Racing Association;

(ii) the Australian Services Union (Victorian Branch); (iii) the Australian Trainers Association (Victorian Branch); (iv) the Australian Workers Union (Victorian Branch); (v) the Media and Entertainment Arts Alliance; (vi) Thoroughbred Breeders Victoria; (vii) the Thoroughbred Racehorse Owners Association; (viii) The Victorian Bookmakers Association Ltd; (ix) the Victorian Jockeys Association; (x) any other persons or bodies on whom the Panel agrees; (f) the chairperson of the Board, when the Appointment Panel is not considering the re-appointment of the Director occupying the position of chairperson; (g) the deputy chairperson of the Board, when the Appointment Panel is not considering the re-appointment of the Director occupying the position of deputy chairperson. (3) When the Appointment Panel is considering the re-appointment of the Director occupying the position of chairperson— (a) the Director occupying that position must not be a member of the Appointment Panel; and (b) the appointed Directors (other than the Director occupying the position of chairperson) may nominate one of their number to be a member of the Appointment

Panel for the purposes of considering that re-appointment. (4) When the Appointment Panel is considering the re-appointment of the Director occupying the position of deputy chairperson— (a) the Director occupying that position must not be a member of the Appointment Panel; and (b) the appointed Directors (other than the Director occupying the position of deputy chairperson) may nominate one of their number to be a member of the Appointment Panel for the purposes of considering that re-appointment. 14 Chairperson of Appointment Panel (1) Subject to subclause (2), the chairperson of the Board is to be the chairperson of the Appointment Panel except when the Appointment Panel is considering the re-appointment of the Director occupying the position of chairperson or the re-appointment of the chairperson. (2) When the Appointment Panel is considering the re-appointment of the Director occupying the position of chairperson or the re-appointment of the chairperson, the deputy chairperson must act as the chairperson of the Panel. 15 Voting on decisions (1) In the case of any vote by the Appointment Panel (as constituted under clause 13(1)), the vote must be decided on the basis of not less than 4 votes to 1. (2) In the case of any vote by the Appointment Panel (as constituted under clause 13(2)), the vote must be decided on the basis of not less than 5 votes to 2.

16 Process for determining representative nominee For the purposes of determining the nominee referred to in clause 13(2)(e), if the bodies who are entitled to determine the nominee are unable to reach agreement on the nominee by a majority of not less than two-thirds within 45 days after being invited to submit the nomination, the Appointment Panel (constituted without that member) may appoint a person that that Panel considers has a good understanding of the views of those bodies. 17 Alteration etc. of the constitution The constitution of the company must not be modified or repealed unless the requirements imposed on the company and the Minister under section 3B have been complied with and no resolution to disapprove the modification or repeal has been passed by a House of Parliament. 18 Definitions In this Schedule— appointed Director means a Director occupying a position referred to in clause 5(1)(a) of this Schedule; nominated Director means a Director occupying a position referred to in clause 5(1)(b), (c), (d) or (e) of this Schedule. ______

New Sch. 2 SCHEDULE 2 inserted by No. 55/2005 s. 5. SPECIFIED RACE-COURSES

Item 1—Beckley Park

Description of land Instrument and by reference to date of Government Purpose of Situation of land reservation Gazette reservation Parish of Order in Government Racecourse and Moranghurk Council dated Gazette dated Recreation, County of 7 February 8 February 1984, temporary Grant being 1984 page 400, less Crown authorised Allotment 79E excisions

Item 2—Caulfield Racecourse

Crown Grant or Certificate Situation of land of Title details Parish of Prahran at Caulfield, County of Volume 7275 Folio 814 Bourke, being Crown Allotment A, subject to two reservations

Item 3—Cranbourne Racecourse

Description of land Instrument and by reference to date of Government Purpose of Situation of land reservation Gazette reservation Township of Order in Government Site for Cranbourne, Council dated Gazettes dated Racecourse and Parish of 20 August 13 July 1888, other purposes of Cranbourne, 1888 page 2304 and Public County of 24 August 1888, Recreation, Mornington, page 2658 permanent being Crown Allotment 21H

Description of land Instrument and by reference to date of Government Purpose of Situation of land reservation Gazette reservation Parish of Order in Government Racecourse and Cranbourne, Council dated Gazette dated Public County of 10 August 12 August 1999, Recreation, Mornington 1999 page 1885 temporary being Crown Allotment 17G, formerly Lot 1 on Plan of Subdivision No. 210254M

Item 4—Flemington Racecourse

Situation of land Certificate of Title details Parish of Doutta Galla, County of Bourke, Crown Lease: Volume being Crown Allotment 28E Section 2, 1205 Folio 019 shown as Lot 1 on Title Plan 843408B Parish of Doutta Galla, County of Bourke, Crown Lease: Volume being Crown Allotment 28F section 2 10757 Folio 757 Parish of Doutta Galla, County of Bourke, Volume 1428 Folio 407 being Lot 1 on Title Plan 633379A, (formerly known as part of Crown Allotment 29)

Item 5—Geelong Racecourse

Description of land Instrument and by reference to date of Government Purpose of Situation of land reservation Gazette reservation City of Order in Government Site for Public Geelong, Council dated Gazette dated Racecourse and Parish of 30 July 1963 7 August 1963, Recreation, Corio, County page 2436 temporary of Grant, being Crown Allotment 14 of Section 6A

Description of land Instrument and by reference to date of Government Purpose of Situation of land reservation Gazette reservation City of Order in Government Site for Public Geelong, Council dated Gazette dated purposes (Car Parish of 30 July 1963 7 August 1963, Park), temporary Corio, County page 2436 of Grant, being Crown Allotment 13 of Section 6A

Item 6—Kilmore Racing Complex

Description of land by Crown Grant Instrument reference to or Situation of and date of Government Certificate of Purpose of Land reservation Gazette Title details reservation Parish of Order in Government Volume Site for a Glenburnie, Council Gazettes dated 1989 Folio Racecourse County of dated 8 July 1887, 650 and other Dalhousie, 8 August page 2011 and purposes of being 1887 12 August Public Crown 1887, Recreation, Allotment page 2408 permanent 13M1 Parish of Order in Government Site for Glenburnie, Council Gazette dated Public Park County of dated 22 August and Dalhousie, 14 August 1973, Gardens, being 1973 pages 3015 temporary Crown and 3016 Allotment 13M2 Parish of Order in Government Site for Glenburnie, Council Gazette dated Racecourse County of dated 22 August and other Dalhousie 14 August 1973, page purposes being 1973 3015 of Public Crown Recreation, Allotment temporary 13M3

Description of land by Crown Grant Instrument reference to or Situation of and date of Government Certificate of Purpose of Land reservation Gazette Title details reservation Parish of Order in Government Site for Glenburnie, Council Gazette dated Public Park County of dated 22 August and Dalhousie, 14 August 1973, pages Gardens, being 1973 3015 and 3016 temporary Crown Allotment 13M4

Item 7—Moonee Valley Racecourse

Crown Grant or Certificate of Situation of land Title details Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 756 being Lots 1 to 45 inclusive on Title Plan 856995J, formerly known as part of Crown Allotment 4 Section 5, being Lots 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 158, 159, 160, 161, 192, 193, 194, 195, 196, 197, 198, 199, 200, 201, 202 and parts of lots 80, 100, 162, 163, 164, 165, 166, 167 and parts of roads and reserve on Plan of Subdivision 2241 Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 753 being Lot 1 on Title Plan 107267A, formerly known as part of Crown Allotment 5 Section 5 Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 752 being Lot 1 on Title Plan 107266C, formerly known as part of Crown Allotment 4 Section 5 Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 755 being Lot 1 on Title Plan 107269V, formerly known as part of Crown Allotment 4 Section 5 Parish of Doutta Galla, County of Bourke, Volume 9681 Folio 754 being Lots 1 and 2 on Title Plan 107268X, formerly known as part of Crown Allotment 5 and 6 Section 5

Item 8—Mornington Racecourse

Description of land Instrument and by reference to date of Government Purpose of Situation of Land reservation Gazette reservation Parish of Order in Government Site for Moorooduc, Council dated Gazette dated Racecourse and County of 14 May 1974 22 May 1974, Recreation, Mornington, pages 1740 and temporary being Crown 1741, less Allotment B1 authorised excision

Item 9—Pakenham Racecourse

Crown Grant or Certificate Situation of land of Title details Parish of Nar-nar-goon, County of Volume 10244 Folio 195 Mornington, being Lots 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 on Title Plan 121556M, formerly known as Lots 31, 32, 33, 35, 36, 37, 38, 39, 40 and 41 on Plan of Subdivision 1337 Parish of Nar-nar-goon, County of Volume 9897 Folio 958 Mornington, being Lot 1 Title Plan 649221B, formerly known as part of Crown Portion 42 Parish of Nar-nar-goon, County of Volume 9884 Folio 194 Mornington, being Lot 3 on Plan of Subdivision 210772N Parish of Nar-nar-goon, County of Volume 10115 Folio 011 Mornington, being Crown Allotment 42A, freehold Parish of Nar-nar-goon, County of Volume 8944 Folio 332 Mornington, being land in Plan of Consolidation 100914

Item 10—Sandown Park

Crown Grant or Certificate Situation of land of Title details Parish of Dandenong, County of Bourke, Volume 8795 Folio 787 being Lot 1 on Title Plan 817734K, being the Land remaining untransferred in Volume 8795 Folio 787

Item 11—Sandown Racecourse

Crown Grant or Certificate of Situation of land Title details Parish of Dandenong, County of Bourke, Volume 8349 Folio 488 being Lot 1 on Title Plan 710223H, formerly known as part of Lot 2 on Plan of Subdivision 48537

Item 12—The Meadows Racecourse

Crown Grant or Certificate Situation of land of Title details Parish of Will-will-rook, County of Bourke, Volume 10389 Folio 017 being Lot 4 on Plan of Subdivision 348064G

Item 13—Werribee Racecourse

Description of land Instrument by reference to and date of Government Purpose of Situation of land reservation Gazette reservation Township of Order in Government Racecourse and Werribee, Council Gazette dated purposes of (formerly known dated 3 May 1861, General as Township 22 April pages 875 Recreation, Reserve of 1861 and 876 temporary Wyndham), Parish of Mambourin, County of Grant, being Crown Allotment 25D Section 17

Item 14—Yarra Valley Racecourse

Description of land Instrument and by reference to date of Government Purpose of Situation of land reservation Gazette reservation Parish of Tarrawarra, County of Evelyn, being Crown Allotment 23B Section B Parish of Order in Government Site for Public Tarrawarra, Council dated Gazette dated purposes County of 5 September 11 September (Racecourse and Evelyn, being 1974 1974 pages 3371 Recreation), Crown and 3372 temporary Allotment 23C Section B (shown in gazettal as Allotment 23A Section B Parish of Tarrawarra) ═══════════════

174 Racing Act 1958 No. 6353 of 1958 Part I—Race-Courses and Race-Meetings Endnotes

ENDNOTES

1. General Information The Racing Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

2. Table of Amendments This Version incorporates amendments made to the Racing Act 1958 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Racing (Amendment) Act 1958, No. 6462/1958 (as amended by No. 6489) Assent Date: 9.12.58 Commencement Date: 9.12.58 Current State: All of Act in operation Racing (Meetings) Act 1959, No. 6574/1959 Assent Date: 1.12.59 Commencement Date: 1.12.59 Current State: All of Act in operation Anzac Day Act 1960, No. 6607/1960 (as amended by No. 9549) Assent Date: 7.4.60 Commencement Date: 7.4.60 Current State: All of Act in operation Racing (Totalizators Extension) Act 1960, No. 6619/1960 Assent Date: 1.6.60 Commencement Date: S. 3(1)(b)(2) on 1.6.60: s. 1(3); rest of Act on 20.7.60: Government Gazette 20.7.60 p. 2508 Current State: All of Act in operation Racing (Dog Races) Act 1960, No. 6638/1960 Assent Date: 7.6.60 Commencement Date: 1.8.60: Government Gazette 29.6.60 p. 2149 Current State: All of Act in operation Racing (Trotting Races) Act 1960, No. 6678/1960 Assent Date: 29.11.60 Commencement Date: 29.11.60 Current State: All of Act in operation Racing (Bookmakers' Course Agents) Act 1961, No. 6790/1961 Assent Date: 31.10.61 Commencement Date: 5.3.62: Government Gazette 25.2.62 p. 570 Current State: All of Act in operation Racing (Off-Course Doubles Totalizators) Act 1961, No. 6836/1961 Assent Date: 12.12.61 Commencement Date: Ss 4, 10 on 20.12.61; s. 5 on 26.12.61: Government Gazette 20.12.61 p. 4336; rest of Act on 18.4.62: Government Gazette 18.4.62 p. 1400 Current State: All of Act in operation Racing (Anzac Day) Act 1962, No. 6851/1962 Assent Date: 3.4.62 Commencement Date: 3.4.62 Current State: All of Act in operation

Statute Law Revision Act 1962, No. 6867/1962 Assent Date: 16.4.62 Commencement Date: 16.4.62: subject to ss 3, 4 Current State: All of Act in operation Subordinate Legislation Act 1962, No. 6886/1962 Assent Date: 8.5.62 Commencement Date: 1.8.62: Government Gazette 4.7.62 p. 2314 Current State: All of Act in operation Racing (Dog Racing Control Board) Act 1962, No. 6954/1962 Assent Date: 11.12.62 Commencement Date: 11.12.62 Current State: All of Act in operation Racing (Amendment) Act 1962, No. 6962/1962 Assent Date: 18.12.62 Commencement Date: 18.12.62 Current State: All of Act in operation Racing (Totalizator Percentages) Act 1963, No. 6981/1963 Assent Date: 30.4.63 Commencement Date: 1.4.63: s. 1(3) Current State: All of Act in operation Racing (Trotting Control) Act 1963, No. 7000/1963 Assent Date: 21.5.63 Commencement Date: 1.8.63: Government Gazette 19.6.63 p. 1847 Current State: All of Act in operation Victorian Amateur Turf Club (Incorporating the Melbourne Racing Club) Act 1963, No. 7015/1963 Assent Date: 28.5.63 Commencement Date: S. 12 on 1.8.63: s. 12(2); rest of Act on 28.5.63 Current State: All of Act in operation Racing (Totalizators) Act 1963, No. 7082/1963 Assent Date: 10.12.63 Commencement Date: Ss 1–3, 5–7, 9–14 on 18.12.63: Government Gazette 18.12.63 p. 3657; ss 4, 8 on 15.1.64: Government Gazette 15.1.64 p. 82; s. 15 on 25.3.64: Government Gazette 25.3.64 p. 641 Current State: All of Act in operation Racing (Interstate Totalizators) Act 1964, No. 7138/1964 Assent Date: 5.5.64 Commencement Date: 5.5.64 Current State: All of Act in operation Racing (Amendment) Act 1964, No. 7230/1964 Assent Date: 22.12.64 Commencement Date: 22.12.64 Current State: All of Act in operation

Racing (Totalizator Percentages) Act 1965, No. 7301/1965 Assent Date: 26.10.65 Commencement Date: 26.10.65 Current State: All of Act in operation Racing (Dog Racing) Act 1965, No. 7351/1965 Assent Date: 14.12.65 Commencement Date: 1.3.66: Government Gazette 16.2.66 p. 599 Current State: All of Act in operation Racing (Amendment) Act 1966, No. 7404/1966 Assent Date: 17.5.66 Commencement Date: 17.5.66 Current State: All of Act in operation Racing (Totalizator Percentages) Act 1966, No. 7442/1966 Assent Date: 25.10.66 Commencement Date: 25.10.66 Current State: All of Act in operation Racing Act 1967, No. 7621/1967 Assent Date: 12.12.67 Commencement Date: S. 4(1) on 1.3.66: s. 4(2); rest of Act on 12.12.67 Current State: All of Act in operation Racing (Amendment) Act 1968, No. 7684/1968 Assent Date: 7.5.68 Commencement Date: 1.7.68: Government Gazette 29.5.68 p. 1968 Current State: All of Act in operation Racing (Trotting Meetings) Act 1968, No. 7691/1968 Assent Date: 7.5.68 Commencement Date: 7.5.68 Current State: All of Act in operation Racing (Amendment) Act 1969, No. 7828/1969 Assent Date: 13.5.69 Commencement Date: Ss 1–8, 10, 11 on 21.5.69: Government Gazette 21.5.69 p. 1505; s. 9 on 1.8.69: Government Gazette 16.7.69 p. 2213 Current State: All of Act in operation Racing (Trotting Racing) Act 1969, No. 7899/1969 Assent Date: 9.12.69 Commencement Date: 1.1.70: Government Gazette 19.12.69 p. 4136 Current State: All of Act in operation Racing (Amendment) Act 1970, No. 8080/1970 Assent Date: 22.12.70 Commencement Date: All of Act (except ss 5, 13(g)) on 27.1.71: Government Gazette 27.1.71 p. 200; s. 5 on 19.4.71; s. 13(g) on 2.8.71: Government Gazette 16.4.71 pp. 887, 889 Current State: All of Act in operation

Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71: subject to s. 2(2) Current State: All of Act in operation Racing (Amendment) Act 1971, No. 8209/1971 Assent Date: 14.12.71 Commencement Date: Ss 1–4, 6, 7, 9, 12, 13, 16, 17, 18, 21 on 15.12.71: Government Gazette 15.12.71 p. 3845; rest of Act on 1.1.72: Government Gazette 22.12.71 p. 3907 Current State: All of Act in operation Racing (Totalizator Commissions) Act 1972, No. 8269/1972 Assent Date: 9.5.72 Commencement Date: 5.6.72: Government Gazette 24.5.72 p. 1677 Current State: All of Act in operation Sport and Recreation Act 1972, No. 8344/1972 Assent Date: 12.12.72 Commencement Date: 19.12.72: Government Gazette 13.12.72 p. 3978 Current State: All of Act in operation Racing (Amendment) Act 1973, No. 8450/1973 Assent Date: 30.10.73 Commencement Date: 31.10.73: Government Gazette 31.10.73 p. 3598 Current State: All of Act in operation Racing (Further Amendment) Act 1973, No. 8503/1973 Assent Date: 11.12.73 Commencement Date: 11.12.73 Current State: All of Act in operation Racing (Amendment) Act 1974, No. 8566/1974 Assent Date: 14.5.74 Commencement Date: 22.5.74: Government Gazette 22.5.74 p. 1712 Current State: All of Act in operation Racing (Further Amendment) Act 1974, No. 8603/1974 Assent Date: 26.11.74 Commencement Date: 4.12.74: Government Gazette 4.12.74 p. 4154 Current State: All of Act in operation Racing Act 1975, No. 8690/1975 Assent Date: 2.5.75 Commencement Date: 1.8.75: Government Gazette 30.7.75 p. 2708 Current State: All of Act in operation Racing (Totalizator Commissions) Act 1975, No. 8739/1975 Assent Date: 29.10.75 Commencement Date: 1.11.75: Government Gazette 30.10.75 p. 3715 Current State: All of Act in operation Racing (Mid-week Racing) Act 1975, No. 8776/1975 Assent Date: 25.11.75

Commencement Date: 25.11.75 Current State: All of Act in operation Racing (Amendment) Act 1976, No. 8885/1976 Assent Date: 19.10.76 Commencement Date: 19.10.76 Current State: All of Act in operation Racing (Tabella Totalizators) Act 1977, No. 8975/1977 Assent Date: 27.4.77 Commencement Date: 28.4.77: Government Gazette 27.4.77 p. 1062 Current State: All of Act in operation Racing (Amendment) Act 1977, No. 8989/1977 Assent Date: 10.5.77 Commencement Date: 10.5.77 Current State: All of Act in operation Racing (Fees) Act 1977, No. 9038/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 Current State: All of Act in operation Racing (Mixed Sports Gatherings) Act 1977, No. 9050/1977 Assent Date: 22.11.77 Commencement Date: 22.11.77 Current State: All of Act in operation Age of Majority Act 1978, No. 9075/1978 Assent Date: 6.12.77 Commencement Date: 1.2.78: Government Gazette 11.1.78 p. 97 Current State: All of Act in operation Racing (Amendment) Act 1978, No. 9146/1978 Assent Date: 30.5.78 Commencement Date: 8.6.78: Government Gazette 8.6.78 p. 1641 Current State: All of Act in operation Racing (Amendment) Act 1978, No. 9201/1978 (as amended by No. 9427) Assent Date: 5.12.78 Commencement Date: All of Act (except ss 3, 16–18) on 1.8.78: s. 23; ss 3, 16–18 on 5.12.78: s. 1(3) Current State: All of Act in operation Crown Land (Reserves) Act 1978, No. 9212/1978 Assent Date: 19.12.78 Commencement Date: 1.3.79: Government Gazette 21.2.79 p. 441 Current State: All of Act in operation Racing (Restricted Trotting Meetings) Act 1979, No. 9269/1979 Assent Date: 10.7.79 Commencement Date: 10.7.79 Current State: All of Act in operation Racing (Financial Provisions) Act 1979, No. 9319/1979 Assent Date: 18.12.79

Commencement Date: 18.12.79 Current State: All of Act in operation

Racing (Amendment) Act 1980, No. 9388/1980 (as amended by No. 9549) Assent Date: 13.5.80 Commencement Date: 5.6.80: Government Gazette 5.6.80 p. 1833—see Acts Interpretation Act 1958 Current State: All of Act in operation Statute Law Revision Act 1980, No. 9427/1980 Assent Date: 27.5.80 Commencement Date: 27.5.80 but see s. 6(2) Current State: All of Act in operation Racing (Further Amendment) Act 1980, No. 9473/1980 (as amended by No. 9549) Assent Date: 23.12.80 Commencement Date: 25.3.81: Government Gazette 25.3.81 p. 935 Current State: All of Act in operation Statute Law Revision Act 1981, No. 9549/1981 Assent Date: 19.5.81 Commencement Date: 19.5.81: subject to s. 2(2) Current State: All of Act in operation Racing (Amendment) Act 1981, No. 9671/1981 (as amended by No. 9902) Assent Date: 22.12.81 Commencement Date: Ss 2, 4, 6, 18, 20, 22(e) on 6.1.82: Government Gazette 6.1.82 p. 5; s. 24(c) on 27.1.82: Government Gazette 27.1.82 p. 264; ss 1, 8–11, 15–17 on 17.2.82: Government Gazette 17.2.82 p. 511; ss 22, 23, 24(a)(b)(d), 25–33 on 3.3.82: Government Gazette 3.3.82 p. 604; ss 3, 5, 7, 12–14, 19, 21 on 2.8.82: Government Gazette 31.3.82 p. 885 Current State: All of Act in operation Racing (Payment of Dividends) Act 1982, No. 9738/1982 Assent Date: 29.6.82 Commencement Date: 29.6.82 Current State: All of Act in operation Public Account (Trust Funds) Act 1982, No. 9861/1982 Assent Date: 5.1.83 Commencement Date: 12.1.83: Government Gazette 12.1.83 p. 81 Current State: All of Act in operation Statute Law Revision Act 1983, No. 9902/1983 Assent Date: 15.6.83 Commencement Date: 15.6.83: subject to s. 2(2) Current State: All of Act in operation Racing (Amendment) Act 1983, No. 9924/1983 (as amended by Nos 10087, 10133) Assent Date: 23.6.83 Commencement Date: Ss 1, 4–10, 11(1), 12–15 on 5.7.83: Government

Gazette 5.7.83 p. 1999; ss 2, 3 on 3.1.84: Government Gazette 26.10.83 p. 3468; ss 11(2), 16 on 18.9.84: Government Gazette 18.9.84 p. 3217 Current State: All of Act in operation Racing (Further Amendment) Act 1983, No. 10014/1983 Assent Date: 13.12.83 Commencement Date: Ss 1–6 on 14.3.84: Government Gazette 14.3.84 p. 844; s. 7 on 1.6.84: Government Gazette 30.5.84 p. 1673 Current State: All of Act in operation Statute Law Revision Act 1984, No. 10087/1984 Assent Date: 22.5.84 Commencement Date: 22.5.84: subject to s. 3(2) Current State: All of Act in operation Racing (Amendment) Act 1985, No. 10184/1985 Assent Date: 12.6.85 Commencement Date: 26.6.85: Government Gazette 26.6.85 p. 2400 Current State: All of Act in operation Racing (Fixed Percentage Distribution) Act 1985, No. 10193/1985 Assent Date: 1.10.85 Commencement Date: 1.5.86: Government Gazette 16.4.86 p. 898 Current State: All of Act in operation Lotteries Gaming and Betting (Amendment) Act 1986, No. 19/1986 Assent Date: 22.4.86 Commencement Date: S. 16 on 14.5.86: Government Gazette 14.5.86 p. 1373 Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing (Amendment) Act 1986, No. 28/1986 Assent Date: 20.5.86 Commencement Date: Ss 1–7, 9, 10 on 18.6.86; ss 8, 11–13 on 1.8.86: Government Gazette 18.6.86 p. 2067 Current State: All of Act in operation Racing (Sunday Racing and Betting) Act 1986, No. 66/1986 Assent Date: 23.9.86 Commencement Date: 23.9.86 Current State: All of Act in operation Racing (Miscellaneous Amendments) Act 1986, No. 125/1986 (as amended by Nos 49/1987, 41/1989) Assent Date: 23.12.86 Commencement Date: Ss 1–5, 9–12, 14 on 31.1.87: Government Gazette 21.1.87 p. 126; ss 6, 13(a)–(u), (w)–(z) on 17.5.87: Government Gazette 13.5.87 p. 1087; ss 7, 8 on 1.8.87: Government Gazette 15.7.87 p. 1860; s. 13(v) on 4.11.87: Government Gazette 4.11.87 p. 2944 Current State: All of Act in operation

Racing (Amendment) Act 1987, No. 5/1987 Assent Date: 31.3.87 Commencement Date: 31.3.87 Current State: All of Act in operation Racing (Further Amendment) Act 1987, No. 49/1987 Assent Date: 22.9.87 Commencement Date: 23.9.87: Government Gazette 23.9.87 p. 2520 Current State: All of Act in operation Racing (Miscellaneous Amendments) Act 1987, No. 92/1987 Assent Date: 1.12.87 Commencement Date: 16.12.87: Government Gazette 16.12.87 p. 3459 Current State: All of Act in operation Liquor Control Act 1987, No. 97/1987 Assent Date: 1.12.87 Commencement Date: Ss 8, 10–14, 35–38 on 26.4.88: Government Gazette 30.3.88 p. 753; rest of Act (except ss 176(3), 177) on 3.5.88: Government Gazette 27.4.88 p. 1044; s. 176(3) repealed by No. 122/1993 s. 26(m); s. 177 repealed by No. 70/1988 s. 6(f) Current State: All of Act in operation Racing (Amendment) Act 1988, No. 27/1988 Assent Date: 17.5.88 Commencement Date: S. 8 on 23.9.87: s. 2(2); rest of Act on 17.5.88: s. 2(1) Current State: All of Act in operation Health Services Act 1988, No. 49/1988 Assent Date: 24.5.88 Commencement Date: S. 182 on 14.5.89: Government Gazette 3.5.89 p. 998 Current State: This information relates only to the provision/s amending the Racing Act 1958 Stamps (Further Amendment) Act 1988, No. 65/1988 Assent Date: 9.12.88 Commencement Date: S. 21(3)–(5) on 1.7.87: s. 2(1); s. 24(2) on 1.11.87: s. 2(2); ss 11(1), 21(2), 24(1) on 12.11.87: s. 2(3); ss 9, 20, 22 on 1.12.88: s. 2(4); ss 11(5), 12, 19 on 1.1.89: s. 2(5); rest of Act on 9.12.88: s. 2(6) Current State: All of Act in operation Racing (Further Amendment) Act 1988, No. 73/1988 Assent Date: 15.12.88 Commencement Date: 21.12.88: Government Gazette 21.12.88 p. 3797 Current State: All of Act in operation Borrowing and Investment Powers (Amendment) Act 1988, No. 78/1988 Assent Date: 20.12.88 Commencement Date: S. 10(1) on 18.11.87: s. 2(2); rest of Act on 27.4.89: Special Gazette (No. 21) 27.4.89 p. 1

Current State: All of Act in operation

Local Government (Consequential Provisions) Act 1989, No. 12/1989 Assent Date: 9.5.89 Commencement Date: S. 4(1)(Sch. 2 items 103.1–103.4) on 1.11.89: Government Gazette 1.11.89 p. 2798 Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing (Amendment) Act 1989, No. 41/1989 Assent Date: 6.6.89 Commencement Date: S. 9 on 17.5.87: s. 2(2); rest of Act on 1.7.89: Government Gazette 28.6.89 p. 1558 Current State: All of Act in operation Racing (TAB Surplus) Act 1989, No. 71/1989 Assent Date: 28.11.89 Commencement Date: 9.8.89: s. 2 Current State: All of Act in operation Racing (Sunday Mixed Sports Gatherings) Act 1991, No. 12/1991 Assent Date: 23.4.91 Commencement Date: 23.4.91 Current State: All of Act in operation Racing (Miscellaneous Amendments) Act 1991, No. 32/1991 Assent Date: 12.6.91 Commencement Date: 13.6.91: Government Gazette 12.6.91 p. 1530 Current State: All of Act in operation Gaming Machine Control Act 1991, No. 53/1991 Assent Date: 15.10.91 Commencement Date: S. 162 on 19.11.91: Special Gazette (No. 56) 19.11.91 p. 1 Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing (Betting Competitions and Mixed Sports) Act 1991, No. 66/1991 Assent Date: 19.11.91 Commencement Date: 27.11.91: Government Gazette 27.11.91 p. 3276 Current State: All of Act in operation Racing (Further Miscellaneous Amendments) Act 1992, No. 17/1992 Assent Date: 16.6.92 Commencement Date: 17.6.92: Government Gazette 17.6.92 p. 1482 Current State: All of Act in operation Racing (Amendment) Act 1993, No. 49/1993 (as amended by Nos 77/1993, 117/1993) Assent Date: 1.6.93 Commencement Date: Ss 1, 2 on 1.6.93: s. 2(1); s. 12 on 1.7.98: s. 2(2); ss 3, 4, 7–9, 11, 13, 14 on 1.6.93: Special Gazette

(No. 34) 1.6.93 p. 1; s. 6 on 12.7.93: Government Gazette 8.7.93 p. 1807; s. 10 on 1.8.93: Government Gazette 15.7.93 p. 1869; ss 5, 12 were never proclaimed, repealed by No. 117/1993 s. 32 Current State: All of Act in operation Club Keno Act 1993, No. 56/1993 Assent Date: 8.6.93 Commencement Date: 8.6.93: s. 2 Current State: All of Act in operation Racing (Further Amendment) Act 1993, No. 77/1993 Assent Date: 29.10.93 Commencement Date: Ss 1, 2, 11 on 29.10.93: s. 2(1); s. 12 on 1.6.93: s. 2(2); ss 3, 4, 7–10 on 2.12.93: Government Gazette 2.12.93 p. 3201; rest of Act on 1.2.94: Government Gazette 13.1.94 p. 88 Current State: All of Act in operation Gaming Machine Control (General Amendment) Act 1993, No. 117/1993 Assent Date: 7.12.93 Commencement Date: All of Act (except ss 8, 31) on 7.12.93: s. 2(1); s. 31 on 1.7.98: s. 2(3) Current State: This information relates only to the provision/s amending the Racing Act 1958 Public Holidays Act 1993, No. 119/1993 Assent Date: 7.12.93 Commencement Date: 7.12.93 Current State: All of Act in operation Financial Management (Consequential Amendments) Act 1994, No. 31/1994 Assent Date: 31.5.94 Commencement Date: S. 4(Sch. 2 items 71.1–71.3) on 1.1.95: Government Gazette 28.7.94 p. 2055 Current State: This information relates only to the provision/s amending the Racing Act 1958 Gaming and Betting Act 1994, No. 37/1994 Assent Date: 2.6.94 Commencement Date: Ss 173, 195–197, 198 (1)(2), 199–203 on 3.6.94: Special Gazette (No. 31) 2.6.94 p. 1; s. 191 on 1.7.94: Government Gazette 23.6.94 p. 1669; ss 174–190, 192, 193, 194(1)–(4)(6)–(9), 198(3), 204, 205 on 15.8.94: Special Gazette (No. 55) 15.8.94 p. 1; ss 194(5), 206 on 2.6.95: s. 2(3) Current State: This information relates only to the provision/s amending the Racing Act 1958 Gaming and Betting (Amendment) Act 1994, No. 98/1994 Assent Date: 13.12.94 Commencement Date: Ss 27, 28 on 16.2.95: Government Gazette 16.2.95 p. 326 Current State: This information relates only to the provision/s amending the Racing Act 1958

Racing (Amendment) Act 1995, No. 83/1995 Assent Date: 28.11.95 Commencement Date: Pt 1 (ss 1–3), ss 12–15 on 28.11.95: s. 2(1); s. 11 on 19.12.95; Pt 2 (ss 4–10) on 1.3.96: Government Gazette 14.12.95 p. 3488 Current State: All of Act in operation Gaming Acts (Amendment) Act 1996, No. 17/1996 Assent Date: 2.7.96 Commencement Date: S. 40 on 2.7.96: s. 2(1) Current State: This information relates only to the provision/s amending the Racing Act 1958 Legal Practice Act 1996, No. 35/1996 Assent Date: 6.11.96 Commencement Date: S. 453(Sch. 1 item 70) on 1.1.97: s. 2(3) Current State: This information relates only to the provision/s amending the Racing Act 1958 Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996 Assent Date: 17.12.96 Commencement Date: Ss 74, 85, 88–90 on 17.12.96 : s. 2(1); ss 75, 86, 87, 91(1)(8) on 19.12.96: Government Gazette 19.12.96 p. 3251; ss 83, 91(6) on 27.3.97: Government Gazette 27.3.97 p. 665; ss 76–82, 84, 91(2)–(5)(7) on 1.7.97: s. 2(6) Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing (Amendment) Act 1997, No. 11/1997 Assent Date: 29.4.97 Commencement Date: Ss 1, 2 on 29.4.97: s. 2(1); rest of Act on 1.7.97: s. 2(3) Current State: All of Act in operation Taxation Administration Act 1997, No. 40/1997 Assent Date: 3.6.97 Commencement Date: S. 138(Sch. 2 item 12) on 1.7.97: Government Gazette 12.6.97 p. 1330 Current State: This information relates only to the provision/s amending the Racing Act 1958 Audit (Amendment) Act 1997, No. 93/1997 Assent Date: 16.12.97 Commencement Date: S. 28(Sch. item 26) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Racing Act 1958 Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date: 26.5.98 Commencement Date: S. 7(Sch. 1) on 1.7.98: s. 2(2) Current State: This information relates only to the provision/s amending the Racing Act 1958

State Taxation (Amendment) Act 1998, No. 48/1998 Assent Date: 26.5.98 Commencement Date: S. 10 on 1.7.98: Government Gazette 18.6.98 p. 1511 Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing and Betting Acts (Amendment) Act 1998, No. 97/1998 Assent Date: 24.11.98 Commencement Date: Ss 3–13, 16–24 on 10.12.98: Government Gazette 10.12.98 p. 2998; ss 14, 15 on 18.2.99: Government Gazette 18.2.99 p. 437 Current State: This information relates only to the provision/s amending the Racing Act 1958 National Taxation Reform (Further Consequential Provisions) Act 2000, No. 24/2000 Assent Date: 16.5.00 Commencement Date: Ss 12–16 on 3.7.00: s. 2(3) Current State: This information relates only to the provision/s amending the Racing Act 1958 Statute Law Revision Act 2000, No. 74/2000 Assent Date: 21.11.00 Commencement Date: S. 3(Sch. 1 item 107) on 22.11.00: s. 2(1) Current State: This information relates only to the provision/s amending the Racing Act 1958 Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001 Assent Date: 8.5.01 Commencement Date: S. 3(Sch. item 62) on 1.6.01: s. 2(2) Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing and Betting Acts (Amendment) Act 2001, No. 16/2001 Assent Date: 22.5.01 Commencement Date: Ss 3–9, 13, 24–26 on 31.5.01: Government Gazette 31.5.01 p. 1076; ss 10–12, 14–23, 27, 28, Sch. on 1.7.01: s. 2(3) Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing (Racing Victoria Ltd) Act 2001, No. 35/2001

Assent Date: 19.6.01 Commencement Date: S. 4 on 20.6.01: s. 2(1); ss 3, 5, 6, Schs 1, 2 on 19.12.01: Special Gazette (No. 233) 19.12.01 p. 1 Current State: This information relates only to the provision/s amending the Racing Act 1958

Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001 Assent Date: 7.11.01 Commencement Date: S. 3(Sch. item 11) on 20.12.01: Government Gazette 20.12.01 p. 3127 Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing Acts (Amendment) Act 2002, No. 19/2002 Assent Date: 21.5.02 Commencement Date: Ss 8, 18 on 11.7.02: Government Gazette 11.7.02 p. 1593; ss 3–7, 9–17, 19 on 26.9.02: Government Gazette 26.9.02 p. 2616 Current State: This information relates only to the provision/s amending the Racing Act 1958 ANZAC Day (Amendment) Act 2003, No. 96/2003 Assent Date: 2.12.03 Commencement Date: S. 17 on 3.12.03: s. 2 Current State: This information relates only to the provision/s amending the Racing Act 1958 Gambling Regulation Act 2003, No. 114/2003 Assent Date: 16.12.03 Commencement Date: S. 12.1.3(Sch. 6 items 10.1–10.8) on 1.7.04: Government Gazette 1.7.04 p. 1843 Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing and Gaming Acts (Amendment) Act 2004, No. 45/2004 Assent Date: 16.6.04 Commencement Date: Ss 4–13 on 1.8.04: Government Gazette 22.7.04 p. 2069 Current State: This information relates only to the provision/s amending the Racing Act 1958 Public Administration Act 2004, No. 108/2004

Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 171) on 5.4.05: Government Gazette 31.3.05 p. 602 Current State: This information relates only to the provision/s amending the Racing Act 1958 Legal Profession (Consequential Amendments) Act 2005, No. 18/2005 Assent Date: 24.5.05 Commencement Date: S. 18(Sch. 1 item 91) on 12.12.05: Government Gazette 1.12.05 p. 2781 Current State: This information relates only to the provision/s amending the Racing Act 1958

Racing and Gaming Acts (Police Powers) Act 2005, No. 55/2005 Assent Date: 13.9.05 Commencement Date: Ss 3–5 on 14.9.05: s. 2 Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing and Gambling Acts (Amendment) Act 2005, No. 92/2005 Assent Date: 29.11.05 Commencement Date: S. 4 on 30.11.05: s. 2(1); s. 3 on 31.12.05: s. 2(4) Current State: This information relates only to the provision/s amending the Racing Act 1958 Victoria Racing Club Act 2006, No. 40/2006 Assent Date: 20.6.06 Commencement Date: S. 41 on 1.8.06: Government Gazette 27.7.06 p. 1534 Current State: This information relates only to the provision/s amending the Racing Act 1958 Public Sector Acts (Further Workplace Protection and Other Matters) Act 2006, No. 80/2006 Assent Date: 10.10.06 Commencement Date: S. 26(Sch. item 90) on 11.10.06: s. 2(1) Current State: This information relates only to the provision/s amending the Racing Act 1958 Gambling and Racing Legislation Amendment (Sports Betting) Act 2007, No. 18/2007 Assent Date: 29.5.07 Commencement Date: S. 6 on 1.10.07: Government Gazette 20.9.07 p. 2143 Current State: This information relates only to the provision/s amending the Racing Act 1958 Relationships Act 2008, No. 12/2008

Assent Date: 15.4.08 Commencement Date: S. 73(1)(Sch. 1 item 50) on 1.12.08: s. 2(2) Current State: This information relates only to the provision/s amending the Racing Act 1958 Racing and Gambling Legislation Amendment Act 2008, No. 73/2008 Assent Date: 25.11.08 Commencement Date: Ss 3–17 on 1.1.09: Government Gazette 18.12.08 p. 2998 Current State: This information relates only to the provision/s amending the Racing Act 1958 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Metric Conversion (Racing Act 1958) Regulations 1974, S.R. No. 166/1974 Date of Making: 14.5.74 Date of Commencement: 14.5.74 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Government Gazette 24 June 1963 page 2207 Government Gazette 28 August 1963 page 2578 Government Gazette 13 November 1963 page 3394 –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3. Explanatory Details

191 1 S. 83K: Section 15 of the Racing (Amendment) Act 1995, No. 83/1995 reads as follows: 15 Transitional The Principal Act as amended by section 12 of this Act applies to an appeal against a penalty imposed, or a decision or order made, on or after the day on which section 12 comes into operation.

2 S. 94A: Section 91 of the Miscellaneous Acts (Further Omnibus Amendments) Act 1996, No. 73/1996 reads as follows: 91 Transitional (1) The Principal Act as amended by section 75 of this Act applies— (a) to a bond lodged after the commencement of section 75; and (b) in respect of a default made by a registered bookmaker or his or her approved substitute in the payment of a wager placed at a race-meeting or sports held after the commencement of section 75. (2) A consent given under section 19 of the Principal Act as in force immediately before the commencement of this subsection to hold a picnic race-meeting after that commencement continues to have force and effect as if this Act had not been enacted. (3) An authorisation given under section 19A of the Principal Act as in force immediately before the commencement of this subsection to hold a restricted harness racing meeting after that commencement continues to have force and effect as if this Act had not been enacted. (4) A consent given under section 20 of the Principal Act as in force immediately before the commencement of this subsection to hold point-to-point steeplechase races for horses after that commencement continues to have force and effect as if this Act had not been enacted. (5) A licence in force under section 24 or 24A of the Principal Act immediately before the commencement of this subsection is deemed to be issued under section 24 or 24A, as the case may be, of the Principal Act as amended by this Act. (6) A permit issued under section 52A of the Principal Act as in force immediately before the commencement of this subsection to hold plumpton coursing matches after that commencement continues to have force and effect as if this Act had not been enacted. (7) A permit issued under section 52B of the Principal Act as in force immediately before the commencement of this subsection to hold greyhound races after that commencement continues to have force and effect as if this Act had not been enacted. (8) All bets made and all betting-tickets issued by a bookmaker's course agent in accordance with section 87A of the Principal Act as in force immediately before the commencement of this subsection continue to be valid and effectual for all purposes as if this Act had not been enacted.