Integrity and Animal Welfare Standards
53 Integrity and Animal Welfare Standards
The Commissioner is to prepare and issue standards including, but not limited to, standards relating to integrity and animal welfare.
The Commissioner may prepare and issue standards as a result of a request of the Minister under section 54.
The Standards may provide for any matter relating or incidental to the conduct of racing.
Without limiting subsection (3), the Standards may make provision with respect to the following matters:the welfare of animals that are or have been involved in racing; integrity in racing, including but not limited to, the setting of licence and registration standards and criteria; the number of stewards required to – officiate at race meetings; and officiate at race trials; and perform any other functions pursuant to the Rules of Racing; animal welfare operations, including stable and kennel inspections; the testing (including swabbing) of animals and humans in racing, both in competition and out of competition; the keeping, treatment, handling and care of greyhounds and horses; the facilities, equipment and conditions at premises where greyhounds and horses are kept, trialled, trained or raced; the procedures and practices to be adopted in relation to the keeping, trialling, training and racing of greyhounds and horses; the lifetime traceability of greyhounds and horses; the qualifications, attributes or other criteria for persons applying for licences or registration; minimum training required to be completed by persons employed by or engaged in the racing industry; the administration, licensing, registering and regulation of bookmakers and bookmaker’s agents; the conditions on, and requirements relating to, the conduct of bookmaking and betting in the racing industry, including conditions and requirements to ensure integrity; the publication of race field information; the imposition of licence and registration fees; the issuing of warning-off notices and exclusion notices under section 124; such other matters as may be prescribed.
In making any Standards under this section, the Commissioner is to have regard to the following:any animal welfare standards or animal welfare guidelines issued under the Animal Welfare Act 1993 that are applicable to racehorses and racing greyhounds; the functions and powers of Tasracing.
The Commissioner may – amend the Standards issued under subsection (1) or (2); or revoke the Standards issued under subsection (1) or (2) and substitute new Standards in accordance with that subsection.
The Commissioner, before making, amending or revoking any Standards – is to consult with the Advisory Committee; and is to consult with Tasracing; and may consult with such other persons as the Commissioner thinks fit.
The Standards – must specify the day on which the Standards are, or the amendment is, to take effect; and may be made so as to apply differently according to such factors as are specified in the Standards; and may adopt, either wholly or in part and with or without modification, either specifically or by reference, any standards, rules, codes, guidelines or other documents.
A standard, rule, code, guideline or other document, adopted under subsection (8)(c) may be adopted – as in force at the time of the adoption; or as amended from time to time after it is adopted.
The Standards must be consistent with this Act and the public interest.
If there is an inconsistency between the Standards and this Act, the Standards are invalid to the extent of the inconsistency.
The Commissioner is to ensure that the Standards, as in force, are published on a website operated by, or on behalf of, the Commissioner.
The Acts Interpretation Act 1931 applies to the interpretation of the Standards as if the Standards were by-laws.
The Standards are not – statutory rules; or subordinate legislation for the purposes of the Subordinate Legislation Act 1992.
All courts, judges and persons acting judicially are to – take judicial notice of the Standards as amended from time to time; and admit as evidence a copy of those Standards, as amended from time to time, if the copy is certified as a true copy by the Commissioner.
This Act’s bill:Explanatory notes
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