Racing Regulation and Integrity Act 2024

Racing Regulation and Integrity Act 2024

This Act may be cited as the Racing Regulation and Integrity Act 2024.

The provisions of this Act commence on a day or days to be proclaimed.

In this Act, unless the contrary intention appears –

accept a bet includes negotiate a bet;

act includes omission;

Advisory Committee means the Integrity and Animal Welfare Advisory Committee established by section 55;

annual integrity plan means a plan prepared by Tasracing under section 61(1);

appeal means an appeal to the TRAB;

approved sports event means an approved sports event within the meaning of the Gaming Control Act 1993;

Australian Rules of Racing means the national Rules of Racing for a code of racing, as promulgated by the code's peak national body;

authorised betting has the meaning referred to in section 167;

betting means betting on – contingencies relating to horse races or greyhound races; or contingencies relating to approved sports events;

betting-only meeting means a meeting of a registered club (held under the authority of Tasracing on a racecourse) at which no racing takes place but during which the club may conduct totalizator betting or allow lawful bookmaking to be carried on;

betting ticket means a ticket issued by or on behalf of a bookmaker in evidence of a bet accepted by that bookmaker;

Board means the board of directors of Tasracing referred to in section 14 of the Racing (Tasracing Pty Ltd) Act 2009;

bookmaker means a person who is engaging in bookmaking, whether as a registered bookmaker or registered bookmaker's agent;

bookmaker's agent means a person who independently accepts bets for or on behalf of a bookmaker but does not mean a person who, by virtue of the person’s employment and under direction, merely assists a bookmaker or bookmaker's agent to engage in bookmaking;

bookmaking– see section 131;

Chief Racing Integrity Officer means the person appointed as the Chief Racing Integrity Officer under section 67;

club committee means the committee or other governing body of a registered club;

code of racing means, according to the context – thoroughbred racing; or harness racing; or greyhound racing;

Commissioner means the person appointed as the Tasmanian Racing Integrity Commissioner under section 7;

control includes supervision;

controlling club, in relation to a racecourse, means the registered club for the time being in control of that racecourse;

counsel means an Australian legal practitioner;

direct means direct in writing;

financial year means – in the case of a club, the financial year used by the club; or in any other case, the 12-month period ending on 30 June in any year;

functions includes duties and responsibilities;

greyhound means a greyhound dog bred for the purposes of racing;

greyhound race means a race between greyhound dogs in pursuit of a mechanical lure;

horse means a thoroughbred horse, or a standardbred horse, bred for the purposes of racing;

issue, in relation to a betting ticket, includes deliver;

made, in relation to any Rules of Racing, includes adopted;

major appeal means an appeal under section 76 that is not a minor appeal;

minor means a person who has not attained the age of 18 years;

minor appeal means an appeal by a person under section 76 against a decision of the steward to impose either, or both, of the following:a fine on the person not exceeding $2 000 or, if another amount is prescribed, the prescribed amount; a suspension on the person, or on a horse or greyhound owned, leased or trained by the person, for a period not exceeding 30 days;

notice means notice in writing;

off-course function approval means an approval issued under section 155(4)(a);

off-course function betting means betting with a registered bookmaker at a function to which relates an off-course function approval issued to the bookmaker;

off-course function betting endorsement means an off-course function betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force;

off-course telephone betting means betting by telephone with a registered bookmaker who is at the premises specified, in accordance with section 150(1)(a), in the bookmaker's off-course telephone betting endorsement;

off-course telephone betting endorsement means an off-course telephone betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force;

on-course telephone betting means betting by telephone with a registered bookmaker, or a bookmaker's agent, who is at a racecourse;

on-course telephone betting endorsement means an on-course telephone betting endorsement that is endorsed under section 149(9)(b) on a bookmaker's certificate of registration and that is in force;

premises includes a part of premises;

principal means the person specified in the certificate of registration of a bookmaker's agent as the registered bookmaker for or on whose behalf the bookmaker's agent may engage in bookmaking;

public place has the same meaning as in the Police Offences Act 1935;

racecourse means the place where a race meeting or betting-only meeting is held;

race field information publication approval means a race field information publication approval granted under section 128;

race meeting has the meaning referred to in section 103;

racing means horse racing or greyhound racing other than racing of that kind conducted exclusively for the purpose of training animals, drivers or riders;

racing club means a club that is registered under section 108;

racing industry association means a body prescribed in the regulations;

Racing Integrity Committee means the committee established by section 57;

racing official means a person holding an appointment under section 68;

racing year means the 12-month period commencing on 1 July in any year;

registered means registered under this Act;

regulations means the regulations made and in force under this Act;

respondent, in relation to an appeal to the TRAB, means the person or persons responsible for making the decision that is the subject of appeal;

RSPCA means the Royal Society for the Prevention of Cruelty to Animals Tasmania Ltd (ACN 611 485 271);

Rules of Racing means the Rules of Racing made and in force under this Act for a code of racing;

Standards means Standards issued by the Commissioner under section 53;

statutory rule means a statutory rule for the purposes of the Rules Publication Act 1953;

steward means a person holding an appointment as a stipendiary steward under section 68;

Tasmanian race field information means information that identifies, or is capable of identifying, the name or number of a horse or greyhound – as a horse or greyhound that has been nominated for, or that will otherwise take part in, a race intended to be held at any race meeting in Tasmania; or as a horse or greyhound that has been scratched or withdrawn from a race intended to be held at any race meeting in Tasmania;

Tasracing means Tasracing Pty Ltd formed under section 5 of the Racing (Tasracing Pty Ltd) Act 2009;

Tasracing Integrity Unit means the unit of Tasracing referred to in section 66;

totalizator has the same meaning as in the Gaming Control Act 1993;

TRAB means the Tasmanian Racing Appeal Board continued under section 71;

unauthorised betting has the meaning referred to in section 167(3);

wager has the same meaning as in the Gaming Control Act 1993;

wagering operator means a person – who – is a bookmaker; or operates a totalizator; or operates a betting exchange, within the meaning of the Gaming Control Act 1993; or operates such other form of wagering as may be prescribed; and who holds a licence or other authority (however described) that relates to wagering under the legislation of this State or any other State or a Territory or any country.

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

This Act does not apply to, limit or render unlawful –

the conduct of, or participation in, totalizator betting authorised under the Gaming Control Act 1993; or the conduct of, or participation in, games, gaming or gaming activities authorised under the Gaming Control Act 1993 or TT-Line Gaming Act 1993; or business, technical or promotional activities associated with the activities referred to in paragraphs (a) and (b); or such other activities as may be prescribed.

In this Part, unless the contrary intention appears –

adverse finding means a finding of the Commissioner under section 27, that is adverse to the interests of a person;

inquiry means an inquiry held by the Commissioner under Division 4;

private session means a private session held by the Commissioner under section 28.

The Governor, on the recommendation of the Minister, is to appoint a person as the Tasmanian Racing Integrity Commissioner.

The Governor may appoint a State Service officer or State Service employee to be Commissioner and that officer or employee may hold that office in conjunction with State Service employment.

A person who is a member of a House of Parliament of the Commonwealth, or of a State or Territory of the Commonwealth, or a candidate for election as a member of such House of Parliament, is disqualified from being appointed as Tasmanian Racing Integrity Commissioner and, if a person holding the office of Tasmanian Racing Integrity Commissioner becomes a candidate for election as such a member, that person vacates that office on becoming such a candidate.

For the purposes of subsection (3), a person becomes a candidate for election as a member of a House of Parliament when nominated for that election in accordance with the law regulating the election.

Schedule 1 has effect in respect of the Commissioner and the Commissioner’s appointment.

The Commissioner may arrange with the Head of a State Service Agency for the services of a State Service officer or State Service employee, or facilities and goods, of the Agency to be made available to the Commissioner to enable the Commissioner to perform the Commissioner’s functions under this Act or any other Act.

Officers and employees made available under subsection (1) may serve the Commissioner in any capacity in conjunction with State Service employment.

The Commissioner has the following functions:to oversee integrity in racing and the welfare of animals that are or have been involved in racing; to monitor the administration and regulation of racing; to research and investigate integrity in racing, animal welfare and related matters; to advise the Minister on integrity in racing, animal welfare and related matters and make policy proposals for the development of racing; to advise the Minister on the Rules of Racing; to promote compliance with this Act and integrity in racing, and to promote animal welfare and prevent animal cruelty; to liaise with authorities and persons responsible for integrity in racing, animal welfare and related matters in this State and, as appropriate, elsewhere; to facilitate cooperation, in relation to animal welfare initiatives, between Tasracing, the department responsible for the administration of the Animal Welfare Act 1993, the department responsible for the administration of the Biosecurity Act 2019, and the RSPCA; to review annual integrity plans for Tasracing; to review proposals relating to new or amended Rules of Racing and give advice and make recommendations in relation to those rules; to make best practice Standards that provide for any matter relating or incidental to the conduct of racing (including but not limited to integrity in the racing industry and animal welfare) and to monitor, review, and give advice and make recommendations in relation to the implementation of, and compliance with, those Standards; to provide oversight over Tasracing’s administration and regulation of the racing industry, including Tasracing’s approval of registrations and granting of licences under the Rules of Racing, and its administration, registration and regulation of racing clubs; to provide oversight over Tasracing’s administration and registration of bookmakers and bookmakers’ agents; to give advice and make recommendations to Tasracing and others in relation to the training of people employed or otherwise engaged in the racing industry; to conduct audits and reviews, and make recommendations, in relation to the functions, processes and systems of Tasracing and racing clubs, including in relation to integrity in racing, animal welfare, governance and finances; to investigate allegations made and other matters relating to integrity in racing and animal welfare, including with respect to Tasracing and the performance and the exercise of its functions and powers; to conduct own-motion investigations and inquiries, including into integrity in racing, animal welfare and systemic issues in racing; to inquire into any matters referred to the Commissioner by the Minister or such matters as requested by Tasracing; if appropriate, refer matters to a public authority, the Commissioner of Police, the DPP or any other person that the Commissioner considers appropriate; to make such recommendations, following the investigation of any matter or an inquiry by the Commissioner, as the Commissioner considers appropriate; such other functions as are prescribed.

The Commissioner has such other functions as are conferred or imposed on the Commissioner by or under this or any other Act.

The Commissioner has power to do such things (other than employ persons) as the Commissioner considers necessary or convenient for, or in connection with, the exercise or performance of any power or function conferred or imposed on the Commissioner by this or any other Act.

In exercising the Commissioner’s powers under this Act, the Commissioner – is to have regard to the Standards; and may seek the advice of Tasracing or such other persons as the Commissioner thinks fit.

The following payments may be used for the purposes of the Commissioner:payments received under this Act, for and on behalf of the Crown; such other payments as the Minister may approve.

Except as otherwise provided in this Act, the Commissioner is not subject to the direction or control of the Minister in respect of the performance or exercise of the functions or powers of the Commissioner.