Greyhound Racing Act 2017

This Act is the Greyhound Racing Act 2017.

This Act commences on a day or days to be appointed by proclamation, except as provided by subsection (2).

Schedule 5 commences on the date of assent to this Act.

In this Act—

animal welfare body means an approved charitable organisation within the meaning of the Prevention of Cruelty to Animals Act 1979.

Board means the board of directors of GRNSW.

Chief Commissioner means the Chief Commissioner of the Commission appointed under section 5.

chief executive officer of the Commission means the person employed in the Public Service as the chief executive officer of the Commission.

code of practice means the code of practice made under section 36 as in force from time to time.

Commission means the Greyhound Welfare and Integrity Commission constituted under this Act.

Commissioner means the Chief Commissioner or other Commissioner of the Commission appointed under section 5.

former Act means the Greyhound Racing Act 2009.

function includes a power, authority or duty and exercise a function includes perform a duty.

greyhound means a greyhound owned or kept—

in connection with greyhound racing, or

by a greyhound racing industry participant.

greyhound race meeting means an event at which greyhound racing takes place.

greyhound racing (or greyhound race) means racing between greyhounds in competitive pursuit of an artificial lure activated by mechanical means, and includes—

a greyhound trial or training race, and

racing in a test of speed of a greyhound or of greyhounds competing separately.

greyhound racing club means a non-proprietary association holding a racecourse licence under the Betting and Racing Act 1998 and includes an association of greyhound racing clubs.

greyhound racing industry participant means any of the following persons, whether or not the person is employed or engaged on a full-time basis and whether or not the person receives payment or other consideration for the activity concerned—

a person who owns, breeds or keeps greyhounds,

a person who trains greyhounds,

a person who handles greyhounds at a greyhound race or trial,

a person who acts as a bookmaker or bookmaker’s clerk in connection with greyhound racing,

a person who provides such health services to greyhounds as are prescribed by the regulations,

any other person who is of a class of persons associated with greyhound racing that is prescribed by the regulations for the purposes of this definition.

greyhound racing rules (or rules) means rules made by the Commission under this Act.

greyhound trial track means any premises (other than a licensed racecourse) held out by the proprietor as being available for the purpose of enabling greyhounds (other than those owned by or leased to the proprietor) to compete in trials or be trained in racing, and includes such other premises as are prescribed by the regulations for the purposes of this definition.

GRNSW means Greyhound Racing New South Wales constituted under this Act.

inspector means a person appointed by the Commission under section 68.

licensed racecourse means a racecourse licensed under the Betting and Racing Act 1998 for greyhound race meetings.

operating licence means an operating licence granted by the Minister under section 25.

premises includes—

a building or structure, or

land or a place (whether built on or not), or

a vehicle or trailer.

proprietor of a greyhound trial track means a person who is the owner, lessee or occupier, or who otherwise has the management or control, of the trial track.

racing club official means an employee of a greyhound racing club or a person concerned in the management or control of a greyhound racing club and official of a club has a corresponding meaning.

registered means registered under this Act.

steward means a member of staff of the Commission who is appointed by the Commission as a steward for the purposes of this Act.

transfer a greyhound means transfer ownership of the property in the greyhound by any means, including by sale, gift or surrender.

Welfare Committee means the Greyhound Industry Animal Welfare Committee established under section 33.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

Notes included in this Act do not form part of this Act.

The objects of this Act are as follows—

to provide for the efficient and effective regulation of the greyhound racing industry,

to protect the interests of the greyhound racing industry and its stakeholders,

to facilitate the development and operation of a sustainable and viable greyhound racing industry,

to ensure the integrity of greyhound racing and associated betting in the public interest,

to provide for the functions of regulatory bodies,

to provide for the protection and promotion of the welfare of greyhounds.

There is constituted by this Act a body corporate with the corporate name of the Greyhound Welfare and Integrity Commission.

The Commission is, for the purposes of any Act, a NSW Government agency.

Note.

See section 13A of the Interpretation Act 1987.

The Commission is not subject to the control and direction of the Minister except to the extent expressly provided for under this or any other Act.

The Commission consists of the following members appointed by the Governor on the joint recommendation of the Minister and the Minister for Primary Industries—

a Chief Commissioner,

2 other Commissioners.

Note.

Schedule 1 contains provisions relating to the Commissioners.

At least one of the Commissioners must be a person who has been an Australian lawyer for at least 7 years.

A person is not eligible to be appointed as a Commissioner if the person is or has at any time been—

a greyhound racing industry participant, or

a proprietor of a greyhound trial track, or

a racing club official or a member of a greyhound racing club, or

a director of the Board, or

a member of GRNSW as constituted under the former Act, or

a member of any other body (or body of a class) prescribed by the regulations for the purposes of this section.

Except as otherwise provided by this section, the functions of the Commission are exercisable by a Commissioner, and any act, matter or thing done in the name of, or on behalf of, the Commission by a Commissioner is taken to have been done by the Commission.

A decision of the Commission to exercise any of the following functions must be authorised by the Chief Commissioner and at least one other Commissioner—

the power to make greyhound racing rules,

the power to conduct an inquiry under Part 8 or appoint a person to conduct such an inquiry,

the power to delegate a function of the Commission.

A decision of the Commission referred to in subsection (2) is presumed to have been duly authorised unless the contrary is established.

Except as provided by subsection (2), a decision of the Chief Commissioner prevails in the event of an inconsistency in the decisions of Commissioners with respect to a matter.

The chief executive officer of the Commission is responsible for the day to day management of the affairs of the Commission and for the implementation of the decisions of the Commissioners.

The Minister may give the Commission a written direction with respect to the functions of the Commission if the Minister is satisfied that it is necessary to do so in the public interest.

The Commission must ensure that the direction is complied with.

A direction under this section cannot be made in relation to the following matters—

the content of any advice, report or recommendation by the Commission,

any decision relating to the registration of a particular greyhound, person or greyhound trial track,

any decision to institute criminal proceedings for offences under this Act or the regulations or to take disciplinary action under Division 1 of Part 6,

any decision relating to the exercise of powers under Part 7.

The Minister is required to cause a notice to be published in the Gazette setting out the reasons why a direction was given under this section and why it is in the public interest that the direction was given. Any such notice is to be published in the Gazette within 1 month after the direction is given.

Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable the Commission to exercise its functions.

Note.

Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services the Commission makes use of) may be referred to as officers or employees, or members of staff, of the Commission. Section 47A of the Constitution Act 1902 precludes the Commission from employing staff.

The Commission may delegate the exercise of any function of the Commission under this Act (other than this power of delegation) to any of the following—

a Commissioner,

the chief executive officer of the Commission or any other member of staff of the Commission,

any other person or body prescribed by the regulations.

The principal objectives of the Commission are as follows—

to promote and protect the welfare of greyhounds,

to safeguard the integrity of greyhound racing and betting,

to maintain public confidence in the greyhound racing industry.