Racing Act 2002

In developing the control body’s policy for its licensing scheme, the control body must consider the privileges and duties that are to attach to a licence it issues and other matters relevant to an effective licensing scheme.

The control body’s policy for its licensing scheme must provide for all of the following matters—

the licences the control body may issue for its code of racing, including identifying the activities for which a licence is required;

the way a licence may be applied for, having regard to section 108;

the criteria for each type of licence including appropriate qualifications for, and disqualifications from, obtaining the licence;

the way the control body will deal with an application for a licence, including the applicant’s right to make further representations relating to the application;

the grant, issue and form of a licence, including, for example, whether the licence is to include a photograph of the licensee;

giving an information notice for a decision relating to an application;

the duration of a licence, its renewal and the procedure for surrendering it;

how and when the suitability of licensed clubs and venues will be audited to decide if a licensed club or venue continues to be suitable to be licensed;

the grounds for taking disciplinary action relating to a licence in relation to matters dealt with in the control body’s rules of racing or as mentioned in subsection (5);

when and how a licence may be immediately suspended in order to protect the safety of persons;

how disciplinary action relating to a licence, other than immediate suspension, must be taken including the following—

the procedure for giving a licence holder notice of the grounds for taking the disciplinary action;

the proposed action;

the way the licence holder may make representations about the proposed action;

keeping a register of licences and correcting the register;

exhibiting and producing a licence;

replacing a lost licence;

requiring a licence holder to give the control body notice of—

a change of address; or

if the licence holder is a corporation—a change to the corporation’s executive officers;

appointing the control body’s officials, their functions and powers and issuing identity cards to them;

serving notices on licence holders.

Without limiting subsection (1), the control body’s policy for its licensing scheme may provide for the following matters—

whether an applicant for a licence should be required to give notice about the application by advertisement in a newspaper, in another publication or by a sign placed on land, because of the particular nature of the licence;

whether there should be provision for provisional or temporary licences;

attaching conditions to the grant of a licence, including, for example, that the licence may allow access to the licence holder’s place of business.

A control body’s policy for its licensing scheme about licensed clubs must provide that when auditing a licensed club, the control body must have regard to the following for a period stated in the policy—

the number of race meetings allotted to the licensed club;

the number of races held at each race meeting.