1958. Racing. No. 6353 333 No. 6353. RACING ACT 1958. An Act to consolidate the Law relating to Horse Pony Trotting and Dog Racing, the Registration of Bookmakers and their Clerks, and Totalizators. [30th September, 1958.] E it enacted by the Queen's Most Excellent Majesty by and B 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. This Act may be cited as the Racing Act 1958, and shall short tine come into operation on a day to be fixed by proclamation of the mem and Governor in Council published in the Government Gazette, and d,v,slon- is divided into Parts and Divisions as follows:— Part I.—Race-courses and Race-meetings ss. 3-37. Division 1.—Preliminary s. 3. Division 2.—Betting, &c, at Race-meetings ss. 4—5. Division 3.—Regulation of Race-meetings ss. 6-23. Division 4.—Issue of Licences, &c. ss. 24—32. Division 5.—Country Race-meetings ss. 33-35. Division 6.—Miscellaneous ss. 36-37. 334 1958. Racing. No. 6353 Part II.—The Trotting Control Board ss. 38-50. Part III—Dog Racing ss. 51-83. Division 1.—Restrictions on, and Licences for, Dog Racing ss. 52-68. Division 2.—The Dog Racing Control Board ss. 69-76. Division 3.—General Control of Dog Racing ss. 77-83. Part IV.—Registration of Bookmakers and Bookmakers' Clerks ss. 84-95. Part V.—Totalizators ss. 96-116. Part VI.—Payments to Racing Clubs ss. 117-125. Division 1.—Payments to Country Clubs s. 117. Division 2.—Payments to Racing Clubs (including Dog Racing Clubs) ss. 118—125. Repeal. 2. (1) The Acts mentioned in the First Schedule to this Act Fta*d to the extent thereby expressed to be repealed are hereby repealed accordingly. (2) Except as in this Act expressly or by necessary implication provided— (a) all persons things and circumstances appointed or created by or under any of the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed; (b) in particular and without affecting the generality of the foregoing paragraph, such repeal shall not disturb the continuity of status operation or effect of any proclamation regulation rule order application determination decision direction reconstitution licence permit registration authority consent certificate exemption approval disapproval appointment nomination condition term notice fee liability or right made effected issued granted given presented passed fixed accrued incurred or acquired or existing or continuing by or under any of such Acts before the commencement of this Act. 1958. Racing. No. 6353 335 PART I.—RACE-COURSES AND RACE-MEETINGS. DIVISION 1. PRELIMINARY. 3. (1) In this Part unless inconsistent with the context or imerpreution. subject-matter— No-6070 "•3- " Board " means the Race-courses Licences Board under •* Board." this Part. " Charitable purposes " means— pu^oseS"18 (a) the aiding of any institution or benevolent society within the meaning of the Hospitals and Charities Act 1958 or, if approved for the purposes of this Part by the Chief Secretary 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. " Club" includes club society or other association by •• ciub." whatever name called. " Conduct" includes conduct carry on manage or to assist -conduct." in doing any of these things. " General Post Office Melbourne " means the post office " General situate at the corner of Bourke-street and Men^^nl" Elizabeth-street in the city of Melbourne. " Mixed sports gathering " means a meeting for foot races •• Mixed sporti bicycle races or any other games exercises pastimes 8atherins-' 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, but at which meeting— (a) not more than four races (whether horse races or pony races or trotting races, or some or all of them) take place on any one day; and 336 1958. Racing. No. 6353 (b) in which four races no horse or pony ridden or driven by a professional jockey is permitted to take part; and (c) the total value of the prizes in money (if any) given in respect of such races does not exceed Twenty-five pounds. " Picnic race- Picnic race-meeting " means a meeting at which— meeting." (a) no horse or pony ridden or driven by a professional jockey is permitted to take part in any race at such meeting ; and (b) no prize in money is given in respect of any horse race pony race or trotting race. 1 ' Pony races." 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. " Prescribed.** ' Prescribed " means prescribed by the regulations. 1 " Professional Professional jockey " means any person who— jockey." (a) receives or has, during the five years before the picnic race-meeting or mixed sports gathering concerned, received any fee or reward in money or is or has during the said five years been in any way reimbursed (otherwise than by way of trophy of a non-pecuniary nature) for his services for riding or driving in any horse race pony race or trotting race whatsoever; or (b) in connexion with the training of horses or ponies is or has during the said five years been employed in any capacity by a person who for fee or reward trains horses or ponies; or (c) is or has during the said five years been either directly or indirectly engaged in the business of training horses or ponies for fee or reward. " Race­ ' Race-course " means land used for race-meetings. course." " Race- ' Race-meeting " means meeting for the purpose of horse meeting." or pony or trotting racing. "Regulations." ' Regulations " means regulations made by the Governor in Council under this Part. " Sporting ' Sporting contingency " includes any event or contingency contingency." of or relating to any horse race or other race game sport or exercise. " Trotting race " ' Trotting race " means a race in which each horse or pony competing moves at a gait generally known as pacing or trotting. 1958. Racing. No. 6353 337 (2) For the purposes of this Part— (a) any reference in this Part to the distance of a Distance from General Post race-course or a municipal district or part thereof Office, how from the General Post Office Melbourne shall be measured. 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; (6) a match or race between two horses only shall not be As to match between two deemed a race-meeting. horses only. (3) In the construction of this Part a year shall be deemed to Construction commence on the first day of August. of " year." (4) Save as otherwise provided in this Part, any picnic When certain gatherings race-meeting and any mixed sports gathering held on any land deemed race- whatsoever in Victoria at which meeting or gathering any horse meetings. race pony race or trotting race is held shall be deemed to be a race-meeting for the purposes of this Part but if at a mixed sports gathering no horse race is held such gathering shall not be deemed to be a race-meeting notwithstanding anything in any permit issued. DIVISION 2. BETTING, &C, AT RACE-MEETINGS. 4. (1) Notwithstanding anything contained in Part IV. of the Betting at Police Offences Act 1958 the mere fact of persons betting by way Si'8"" of wagering on any licensed race-course during the holding of a NO.6070S.4. race-meeting thereon on any horse pony or trotting race shall not be a contravention of the provisions of that Part and shall not be a ground for such race-course or any part thereof being deemed or declared to be or to be used as a common gaming house or place. (2) In this Division references to licensed race-courses shall Extended meaning of be deemed to include references to lands otherwise authorized for "' race­ the holding of race-meetings thereon pursuant to this Part. course." u, n 5. (1) The committee or other managing body of any club J5. 1jfafj ms association conducting race-meetings on any race-course aiSufbusmess or at race­ licensed under this Part may with the approval of the Governor courses, bookmakers in Council make alter or rescind rules and regulations for— Ac. (a) the permitting of persons (approved by such No. 6070 s. 5. 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 3:18 1958.