Harness Racing Act 2009

This Act is the Harness Racing Act 2009.

This Act commences on a day or days to be appointed by proclamation.

The objects of this Act are as follows—

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

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

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

to ensure the integrity of harness racing and associated wagering in the public interest,

to provide for the functions and the powers of regulatory bodies,

to ensure harness racing industry stakeholder engagement and participation in the strategic development of the harness racing industry as a whole,

to protect and promote the welfare of harness racing horses.

In this Act—

eligible industry body means a body determined to be an eligible industry body for the time being under section 32(2).

exercise a function includes perform a duty.

function includes a power, authority or duty.

harness racing means pacing or trotting.

harness racing club includes any body or other association of persons, whether incorporated or unincorporated and whether registered or not, promoting, conducting or controlling, or formed for promoting, conducting or controlling, a harness racing meeting or harness racing meetings.

harness racing meeting has the same meaning as meeting for harness racing has in section 4 of the Betting and Racing Act 1998.

HRICG means the Harness Racing Industry Consultation Group established by this Act.

HRNSW means Harness Racing New South Wales constituted by this Act.

Integrity Auditor means the Harness Racing Integrity Auditor appointed under this Act.

racing official means the following—

a member of HRNSW,

the chief executive officer of HRNSW,

a steward appointed by HRNSW,

a member of staff of HRNSW,

a member of the HRICG.

recommended members list—see section 7(1)(a).

rule means a rule made under this Act.

Selection Panel means the Selection Panel established under section 7.

Note—

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

A reference in this Act to a person associated with harness racing is a reference to the following—

a person who handles horses at a harness race,

a bookmaker’s clerk,

a breeder of horses for harness racing,

a person who is an officer or employee of a harness racing club or is otherwise concerned in the management or control of any such club,

any other person of a class prescribed by the regulations for the purposes of this subsection.

Unless the regulations otherwise provide, a reference in any provision of this Act—

to registration includes a reference to licence, and

to register includes a reference to license, and

to registered includes a reference to licensed.

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

There is constituted by this Act a body corporate with the corporate name of Harness Racing New South Wales.

HRNSW may use another name approved by the Minister by order published in the Gazette.

Without limiting subsection (2), HRNSW may use that other name when entering into any agreement or in relation to any other dealings of HRNSW.

HRNSW or any of its subsidiaries—

does not represent the Crown and is not subject to direction or control by or on behalf of the Government, and

cannot render the State liable for any debts, liabilities or other obligations of HRNSW or its subsidiaries,

unless this or any other Act expressly provides otherwise.

HRNSW is to consist of the chief executive officer of HRNSW and 5 members appointed as follows—

5 members recommended for appointment by the Selection Panel under section 7 and appointed by the Minister to give effect to the recommendation of the Selection Panel, unless the appointment is to fill a casual vacancy under paragraph (b),

the appointment of a member to fill a casual vacancy (a vacancy in the office of a member occurring other than by reason of the completion of the member’s term of office) is to be made by the Minister on the nomination of HRNSW.

A person is not eligible to be a member of HRNSW if the person—

during the previous 12 months has been an employee, or a member of the governing body, of—

a harness racing club, or

an eligible industry body, or

(Repealed)

is registered by or with HRNSW under this Act, or

is registered by the Greyhound Welfare and Integrity Commission under the Greyhound Racing Act 2017, or

holds a licence issued by Racing New South Wales, or

is currently, or during the previous 10 years has been, warned off, disqualified or named on the Unpaid Forfeit List under the rules, or

during the previous 10 years has been convicted in New South Wales of an offence that is punishable by imprisonment for 12 months or more, or convicted elsewhere than in New South Wales of an offence that, if committed in New South Wales, would be an offence so punishable, or

is an undischarged bankrupt or is taking advantage of the laws in force for the time being relating to bankruptcy, or

is a mentally incapacitated person.

A person is not eligible to be appointed as a member of HRNSW if the person is a member of the Selection Panel at the time the Selection Panel makes its recommendation for the appointment concerned.

A person is not eligible to hold office as a member of HRNSW for more than 10 years in total (whether or not involving consecutive terms of office).

The chief executive officer of HRNSW does not have a vote at meetings of HRNSW.

While a person is a member of HRNSW, any entitlement of the person to vote as a member of a harness racing club or of an eligible industry body is suspended.

Schedule 1 contains provisions relating to members of HRNSW.

The Minister must establish a Selection Panel—

to prepare and give to the Minister a list of persons recommended for appointment as members of HRNSW (a recommended members list), and

to recommend the term of office for each person recommended.

A member of the Selection Panel must consider the interests of the harness racing industry as a whole when exercising the functions of a member.

The Selection Panel must consider the balance and diversity of the skills and experience of the members of HRNSW when preparing the recommended members list.

The Selection Panel must recommend more than the number of persons required to be appointed.

The Minister may appoint a person for a term of office that is different from the term of office recommended by the Selection Panel.

The Selection Panel must not include a person in the recommended members list if—

the person is not eligible to be a member of HRNSW, or

Note—

See section 6.

the Panel is satisfied the person has a direct or indirect pecuniary interest in a matter that gives rise, or is likely to give rise, to a conflict of interest of a nature that is incompatible with membership of HRNSW.

The Selection Panel may include a person in the recommended members list only if the Panel is satisfied—

the person has experience in a senior administrative role, or at a senior level, in 1 or more of the following fields—

business,

finance,

law,

marketing,

technology,

commerce,

regulatory administration,

regulatory enforcement, and

the person’s skills and experience are relevant to the functions of HRNSW.

The Selection Panel must choose between persons for inclusion in the recommended members list on the basis of merit.

The merit of a person is to be decided on the basis of the person’s abilities, qualifications, experience and personal qualities that are relevant to the exercise of the functions of HRNSW.

Before including a person in the recommended members list, the Selection Panel must conduct a probity check of the person.

The level of scrutiny of a probity check is to be decided by the Minister.

The Minister must appoint a Probity Adviser to assist the Selection Panel to conduct probity checks.

HRNSW has the functions conferred or imposed on it by or under this or any other Act or law.

Without limiting subsection (1), the functions of HRNSW include the following—

to control, supervise and regulate harness racing in the State,

to register harness racing clubs, harness racing horses, owners, trainers and drivers of harness racing horses, bookmakers for harness racing and other persons associated with harness racing,

to initiate, develop and implement policies considered conducive to the promotion, strategic development and welfare of the harness racing industry in the State,

to distribute money received as a result of commercial arrangements required by the Totalizator Act 1997,

to allocate to harness racing clubs the dates on which they may conduct harness racing meetings,

to initiate, develop and implement policies relating to the welfare of harness racing horses.

HRNSW may affiliate with such organisations, whether in or out of New South Wales, as HRNSW considers appropriate.

The functions of HRNSW are not limited by the rules and are to be exercised independently of Harness Racing Australia or any successor.

HRNSW has power to do all things that may be necessary or convenient to be done for or in connection with the exercise of its functions.

Without limiting subsection (1), HRNSW has power to do the following—

investigate and report on proposals for the construction of new racecourses, and inspect new racecourses or alterations or renovations to existing racecourses,

supervise the activities of harness racing clubs, persons registered by HRNSW and all other persons engaged in or associated with harness racing,

inquire into and deal with any matter relating to harness racing and to refer any such matter to stewards or others for investigation and report and, without limiting the generality of this power, to inquire at any time into the running of any harness racing horse on any course or courses, whether or not a report concerning the matter has been made or decision arrived at by any stewards,

direct and supervise the dissolution of a harness racing club that ceases to be registered by HRNSW,

appoint an administrator to conduct the affairs of a harness racing club,

disqualify a harness racing horse from participating in a race,

exclude from participating in a race a harness racing horse not registered under the rules,

prohibit a person from attending or taking part in a harness racing meeting,

impose a penalty on a person registered by it or on an owner of a harness racing horse for a contravention of the rules,

consult, join, affiliate and maintain liaison with other associations or bodies, whether in the State or elsewhere, concerned with harness racing,

enter into contracts,

acquire, hold, take or lease and dispose of real and personal property whether in its own right or as trustee,

borrow money,

order an audit of the books and accounts of a harness racing club by an auditor who is a registered company auditor nominated by HRNSW,

scrutinise the constitutions of harness racing clubs to ensure they conform to any applicable Act and the rules and that they clearly and concisely express the needs and desires of the clubs concerned and of harness racing generally,

publish material, including periodical publications, to inform the public about matters relating to harness racing, whether in the State or elsewhere,

undertake research and investigation into all aspects of the breeding of harness racing horses and of harness racing generally,

take such steps and do such acts and things as are incidental or conducive to the exercise of its powers and the performance of its functions.

Nothing in this Act confers on HRNSW power to conduct harness racing meetings on its own behalf.